HomeMy WebLinkAboutRES NO 038-12RESOLUTION NO. 038-12
RESOLUTION OF NECESSITY TO
ACQUIRE CERTAIN REAL PROPERTY OR INTEREST IN
REAL PROPERTY BY EMINENT DOMAIN
(Code of Civil Procedure §1245.230)
WHEREAS, Article I, Section 19 of the California Constitution and Code of
Civil Procedure Section 1240.010 authorize acquisition of property rights for
public use by eminent domain procedures; and
WHEREAS, in order to improve traffic capacity and circulation in the area
in and around State Route 178 and Morning Drive, and to promote the public
welfare and safety, the City of Bakersfield intends to develop and construct an
interchange at Morning Drive and State Route 178 (the "Project "); and
WHEREAS, the public interest and necessity require that a portion of real
property immediately adjacent to State Route 178, commonly described as
APN: 434- 010 -04 in Bakersfield, California, and more particularly described in
Exhibit "1," attached hereto and incorporated herein by reference (the
"Property "), be acquired for the Project, and
WHEREAS, notice of the hearing for this Resolution of Necessity was mailed
to all record owners of the Property. At that hearing, all record owners had the
opportunity to appear and be heard on the matters referred to in California Civil
Procedure section 1240.030 in compliance with California Code of Civil
Procedure section 1245.235, and, on the date and at the time and place fixed
for hearing, this City Council heard and considered all of the evidence
presented.
NOW THEREFORE, be it resolved by the City Council of the City of
Bakersfield, based on applicable law and the whole record concerning this
matter, including, but not limited to, the accompanying staff report, which is
hereby made a part of this Resolution, as follows:
The City of Bakersfield hereby finds, determines, and declares the
following:
(a) The public interest and necessity require the proposed Project;
(b) The proposed Project is planned or located in the manner that
will be most compatible with the greatest public good and the
least private injury;
S: \COUNCIL \ Resos\ 1 1 -12 \ RON - Hawatmeh,Saleh.docx
May 1, 2012
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(c) The Property is necessary for the Project, and
(d) The offer required by Government Code Section 7267.2, a
copy of which is attached hereto as Exhibit "2," and
incorporated herein by reference, has been made to the
Property owner or owners of record.
2. The City Attorney is hereby authorized and directed to commence
and maintain a proceeding in and for the City of Bakersfield to
acquire for the City of Bakersfield the fee simple interest in the
Property.
3. The City Attorney is hereby authorized and directed to make
application to the court for an Order for Possession Before
Judgment in these proceedings.
4. The Finance Director is hereby authorized and directed to draw its
warrant in the amount of $137,000.00, the warrant to be made
payable to the State Treasury Condemnation Fund and delivered to
the City Attorney to be deposited with the payee as a security for
the Order for Possession Before Judgment authorized.
HEREBY CERTIFY that the foregoing Resolution was passed and
adopted by the Council of the City of Bakersfield at a regular meeting thereof
held on_ MAY 2 3 2012 , by the following vote:
AYES -
ES:
ABSTAIN
ABSENT:
APPROVED
VI
Z
COUNCILMEMBER SALAS BENHAM, WEIR, COUCH, HANSON, SULLIVAN, JOHNSON
COUNCILMEMBER /11Jr\.Q-
COUNCILMEMBERnD('Q-
COUNCILMEMBER nc(4-
HARVEY L. HALL, Mayor
D AS TO FORM:
GENNA'Rb, City A
ANDREW HEGLUNID
Deputy City Attorney
S:\COUNC1L\Resos\ 11 -12 \ RON - Hawatmeh,Saleh.docx
May 1, 2012
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
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ORIGINAL.
CERTIFICATE OF CITY CLERK
I, ROBERTA GAFFORD, Clerk of the City of Bakersfield, certify the foregoing
is the full and true Resolution No. 0391- - passed and adopted by the City Council
of the City of Bakersfield at a regular meeting held on May 23, 2012.
S: \COUNCIL\ Resos \ 11 -12 \ RON - Hawatmeh,Saleh.docx
May 1, 2012
ROBERTA O.D
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ORIGINAL
State Route 178 Interchange at
Morning Drive
Hawatmeth
434 -010-04 East
THE EASTERLY 260 FEET OF THAT PORTION OF THE NORTH HALF OF THE
NORTHEAST QUARTER OF SECTION 24, TOWNSHIP 29 SOUTH, RANGE 28 EAST,
M.D.B.&K UNINCORPORATED AREA, COUNTY OF KERN, STATE OF CALIFORNIA,
ACCORDING TO THE OFFICIAL PLAT OF SAID LAND APPROVED BY THE
SURVEYOR GENERAL ON FEBRUARY 28,1955, AND LYING NORTHERLY OF THE
PARCEL OF LAND GRANTED TO THE STATE OF CALIFORNIA IN DEED RECORDED
APRIL 12,197 1, IN BOOK 4512, PAGE 404, OFFICIAL RECORDS.
TOGETHER WITH ALL RIGHTS OF INGRESS AND EGRESS TO OR FROM SR 178
OVER AND ACROSS THE WEST AND NORTH LINES OF SAID PROPERTY
AREA: 1.043 ACRES MORE OR LESS
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EXHIBIT" o
ORIGINAL.
B A K E R S F I E L D
Diet.- Co.-Rbe. 06-KE R- 178-BKO
EA 06- OC94061.
Parcel No. 434-010.04
Carrrarm File No. 96711 -1
March 9, 2012
Saleh Hawatmeh
24841 Bracken Lane
Newhall, CA 91381
Morning Drive InterchanpMtste Route 178 Project
APN 434 -010-04 (Full Acquisition)
Offer of Just Compensation: $137,000
Dear Mr. Hawatmeh,
The City of Bakersfield (City) is working with Caltrans to construct an interchange at State
Route 178 and Morning Drive and widen the freeway. Your property is adjacent to the project
and is affected due to the interchange and State Route 178 improvement project. The City and
Caltrans is currently in design of the project and anticipate the completion of plans this year,
upon which the project will go to bid and construction.
As you are aware, the City contracted with the independent real estate appraisal firms Michael
Burger and Associates, James Palmer Appraisals, with the review appraisal being done by
Integra Realty Resources. These appraisals were recently completed in order to value your
property that will be required to construct the Morning Drive Interchange and improve State
Route 178.
The City needs to purchase all of your property (approximately 45,433 SF), see attached parcel
map. Pursuant to Section 7267.2 of the California Government Code, the City of Bakersfield
offers $137,000 as total just compensation for the property to be acquired and improvements
thereon. Attached for your information is: the Appraiser's Summary of the Basis for the
Appraisal; Certificate of Appraiser, definitions of "Just Compensation" and "Fair Market Value ".
The above offer represents the full amount believed by the City to be just compensation for your
property as determined by Michael Burger S Associates, MAI (the higher value of the two
appraisals completed on your property). The City's determination of just compensation for the
real property to be acquired is based upon their inspection of the property, sales of comparable
properties, and other factors that influence value as of their Date of Valuation on September 5,
2007, per our agreed upon date as to when to value your property. The City's offer is required
by law to disregard any decrease or increase in the fair market value of the property that is
caused by the City's interest in the property to improve the Morning Drive interchange.
As required by California Code of Civil Procedure section 1263.02, the City of Bakersfield shall
reimburse you the reasonable cost of an independent appraisal, up to $5,000 should you wish
to obtain one. The City of Bakersfield will reimburse you the cost of the appraisal with provided
City of Bakersfield • Property Management Division • 900 Truxtun Avenue, #200 aF�AKF9�
Bakersfield - California • 93301
(661) 326 -3479 - Fax (661) 852 -2195 EXHIBIT" " t: o
ORIGINAL
Offer to Purchase Letter
Page 2
3/9/2012
evidence that the appraisal has been completed prior to payment, along with billing or invoice
from an appraisal company or individual.
We took forward to working with you in the completion of the acquisition of your property.
Please call me to discuss further any aspect of the project or property acquisition. Thank you
again for your consideration in this project.
Sincerely,
Charies Webb
Real Property Agent II
Property Management Division
(661) 326 -3479 phone
(661) 852- 2195 fax
Email: cwebbQbaker9fieidcity.u9
Enclosures: Appraisal Summary Statement
Acquisition Map and Legal Description
*Property Owner acknowledges receiving Offer to Purchase Letter and enclosures.
Date:
Signature:
(Please return extra copy of this letter signed in return envelope enclosed)
Offer to Purchase Ur - Hawatmeh
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ORIGINAL_
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ORIGINAL
STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION
APPRAISAL. SUMMARY STATEMENT
(Form #)
CONFIDENTIAL EXHIBIT
This document contains personal inform to and 8- F.X -15A RF.V 6/2010
pursuant to Civil Code 1798.21, it shall be kept ( )
confidcatial in order to protect against unauthorized
disclosure. I Page I of 7
Dist. Co. I Rte. I P.M. I Parcel No. Federal Aid Project No. Date
434-010-04 11/2/11
Owner: Saleh Hawatmeh
Date Acquired: Proposed
Property Address: NWQ Morning Dr. & Hwy. 178 Property to be acquired= Part ❑
Locale Bakersfield, CA
Total Property Area: 45,433 sq.ft.
IWTIMI
Including Access Rights Yes ❑
w
The market value for the property to be acquired by the State is based upon an appraisal prepared in accordance with
accepted appraisal principles and procedures.
Code of Civil Procedure Section 1263.320 defines Fair Market Value as follows:
a) The fair market value of the property taken is the highest price on the date of valuation that would be agreed
to be a seller, being willing to sell but under no particular or urgent necessity for so doing, nor obliged to sell,
and a buyer, being ready, willing, and able to buy but under no particular necessity for so doing, each dealing
with the other with full knowledge of all the uses and purposes for which the property is reasonably adaptable
and available.
b) The fair market value of property taken for which there is no relevant, comparable market is its value on the
date of valuation as determined by any method of valuation that is just and equitable.
Code of Civil Procedure Section 1263.321 defines Fair Market Value as follows:
A just and equitable method of determining the value of nonprofit, special use property for which there is no
relevant, comparable market is as set forth in Section 824 of the Evidence Code, but subject to the exceptions
set forth in subdivision ® of Section 824 of Evidence Code.
The market value for the property to be acquired by the State is based upon Code of Civil Procedure Section 1263.20
as defined above.
Interest valued: Fee Simple
Date of inspection: October 7, 2011 Original ® Updated ❑
Date of valuation: September 5, 2007 Original ® Updated ❑
Applicable zoning: C -2: Regional Commercial
Area to be acquired: 45,433 sq.ft.
Highest and best use: Hold until there is demand for commercial or retail development.
Current use Vacant
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ORIGINAL
EXHIBIT
APPRAISAL SUMMARY STATEMENT (Cont.) R- EX -15A (REV 6/2010)
(Form #) Pagc 2 of 7
Sub-pamel
Item
None
Lump Sum Total = $
Area
Total Area = 45,433 sq.ft.
Size
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ORIGINAL
EXHiBl'r
APPRAISAL. SUMMARY STATEMENT (Cont.) 8- rx -15A (REv 6/20 10)
(Form #) Page 3 of 7
Value of the Entire Property
Value of the property being acquired
including the following improvements: Land: $
Imps $
Value of the remainder as part of the
whole before the State's acquisition $
Value of the remainder as a separate parcel (cured)
Severance Damages (see page 4):
Cost to Cure Damages: $
Incurable Damages: $
Total Damages:
Benefits (see page 4):
Net Damages:
The amount of any other compensation:
JUST COMPENSATION FOR ACQUISITION
Rounded To
Construction Contract Work
$ 137,472
137,472
N/A
$ N/A
N/A
N/A
N/A
$ N/A
$ N/A
$ N/A
$ N/A
$ 137,472
$ 137,000
S N/A
EXH 1 H 1'1'
APPRAISAL SUMMARY STATEMENT (Cont.) x- Ex -ISA (1Fv 6/2010)
(Form #) Pagc 4 of 7
Lois] zt3l. mss
Item
Lump Sum Total
SEVERANCE DAMAGES
NIA
(Narrative Explanation & calculations, if applicable)
Lump Sum Total
. MZl_..
(Narrative Explanation, & calculations, if applicable)
Lump Sum Total
NET DAMAGES (Total Damages less Benefits)
Size
$
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ORIGINAL
EXHIBIT
APPRAISAL SUMMARY STATEMENT (Cont.) 8- Ex -15A (REV 6/2007)
(Form #) Page 5 of 7
N/A
2.
3.
4.
5.
6.
7.
S.
9.
10.
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ORIGINAL
EXHIBIT
APPRAISAL SUMMARY STATEMENT (Cont.) 8-EX-1 5A (REV 6/2010)
(Form #) Psgc 6 of 7
J1 __..1 JIB-
1. The Sales Comparison approach is based on the consideration of
comparable land and improved sales.
Indicated value by Sales Comparison Approach $ 137,000
See attached sheet for principal transactions.
2. The cost approach is based in part on a replacement cost now of
improvements less depreciation. Cost information was obtained
from cost service publications and/or knowledgeable vendors.
Total Replacement Cost New $ N/A
Depreciation from all causes $ ( )
Value of Improvements in Place ' $
Land (estimated by direct sales comparison) $
Indicated value by Cost Approach $
3. The income approach is based on an analysis of income and
expenses to the property.
Overall Capitalization Rate N/A %
Net Operating Income $
Indicated value by Income Approach $
4. Other
Indicated value $
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Site sales range from $3.08 to $11.48 /sq.ft. Comparison of the most recent to prior transactions would
indicate no adjustment is required for time. All sales occurred for cash or on cash equivalent terms. All
but Sale 3 include curbs and gutters. All sales are level and at grade, requiring an overall downward
adjustment. Therefore, in consideration of the shape, location of the utility pole, and elevation above the
street, which will necessitate significant grading, market value as of September 5, 2007 is estimated at
$3.50 /sq.ft. A 6,839 sq.ft. portion of the parcel is located within an existing roadway easement. Due to
this factor, it is assigned 10% utility.
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ORIGINAL
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ORIGINAL
EXHIBIT
APPRAISAL SUMMARY STATEMENT (Cont.) 8- EX -15A (REV 6/2010)
(Form #) Page 7 of 7
SUMMARY OF RECORDED DATA
Date
Instrument
Cash Equiv.
Size
Price/
Sale
Recorded
Book/PaQe_
Grantor
Grantee
Location
1
4/14/05
05- 097161
David Falk et al
Pioneer Drive Plaza, LLC
SWC Pioneer & Morning
2
7/14/06
06-170422
David Christensen et al
Madison Develop. Inc.
Bernard St., W of Oswell
3
12/22/06
06-314523
Hisato Kinoshita
Sanjay & Bhavana Patel
NEC Panama Ln. & Akers
4
04/12/07
07-079934
Chip Ith
I G Properties, Inc.
8011 Niles St.
5
07/06107
07-141276
Ken & Connie Leung
Terra 0 ruup, Inc.
3000 Niles St.
These transactions have been Verified with buyer, seller or agent. Prices and physical characteristics arc
further detailed as follows:
SUMMARY OF SITE SALES
Deed
Cash Equiv.
Size
Price/
Sale
Date
Assessor's Parcel Number
Sales Price
_(Sq_Ft•)
_ Sq•Ft• _
Zoning
1
4/19/05
145-040.60 & 12
$243,000
78,844
$3.08
C-2
2
.3/15/06
130- 162-11 & 17
$320,000
30,780
$10.40
C-0
3
12111/06
371-020-35
$350,000
43,560
$8.03
C-1
4
02/O8/07
133.030-01, 03, 04, 05, 32
$1,200,000
104,544
$11.48
C -2 PD
5
04/16107
136-040-11,12,13
$425,000
49,382
$8.61
C-1
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STATE OF CALIFORNIA • DEPARTMENT OF 'TRANSPORTATION EXHIBIT
SUMMARY STATEMENT RELATING TO PURCHASE OF 8-EX-16 (REV 2/2007)
REAL PROPERTY OR AN INTEREST THEREIN Page 1 of 2
(Form M
The California Department of Transportation is proposing to improve the Hwy. 178 and Morning Dr.
interchanee.
Your property located at the northwest quadrant of Hwy. 178 and Morning Dr. is within the project area,
and is also identified by your county assessor as Parcel No. 434 -010 -04.
Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and the
California Relocation Assistance and Real Property Acquisition Guidelines require that each owner from
whom the Department of Transportation purchases real property or an interest therein or each tenant
owning improvements on said property be provided with a summary of the appraisal of the real property or
interest therein, as well as the following information:
1. You are entitled to receive full payment prior to vacating the real property being purchased unless you
have heretofore waived such entitlement. You are not required to pay recording fees, transfer taxes, or
the pro rata portion of real property taxes which are allocable to any period subsequent to the passage
of title or possession.
2. The State will offer to purchase any remnant(s) considered by the State to be an uneconomic unit(s)
which is /arc owned by you or, if applicable, occupied by you as a tenant and which is/arc contiguous to
the land being conveyed.
3. All buildings, structures and other improvements affixed to the land described in the referenced
document(s) covering this transaction and owned by the grantor(s) herein or, if applicable, owned by
you as a tenant, are being conveyed unless other disposition of these improvements has been made.
The interest acquired is Fee Simple. The property being purchased comprises a vacant parcel
containing 45,433 sq.ft. and is described in the attached deed and outlined in color on the attached
map.
4. The market value of the property being purchased is based upon a market value valuation which is
summarized on the attached Valuation Summary Statement and such amount:
a. Represents the full amount of the valuation of just compensation for the property to be purchased;
b. Is not less than the approved valuation of the fair market value of the property as improved;
c. Disregards any decrease or increase in the fair market value of the real property to be acquired
prior to the date of valuation caused by the public improvement for which the property is to be
acquired or by the likelihood that the property would be acquired for such public improvement,
other than that due to physical deterioration within the reasonable control of the owner or
occupant; and
d. Does not reflect any consideration of or allowance for any relocation assistance and payments or
other benefits which the owner is entitled to receive under an agreement with the Department of
Transportation.
5. Pursuant to Civil Code of Procedure Section 1263.025 should you elect to obtain an independent
appraisal, the Department will pay for the actual reasonable costs up to S5,000 subject to the following
conditions;
a. You, not the Department of Transportation (Department), must order the appraisal. Should
you enter into a contract with the selected appraiser, the Department will not be a party to the
contract;
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ORIGINAL
STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION EXHIBIT
SUMMARY STATEMENT RELATING TO PURCHASE OF 8-EX-16 (REV 212007)
REAL PROPERTY OR AN INTEREST THEREIN Page 2 of 2
(Form #)
b. The selected appraiser must be licensed with the Office of Real Estate Appraisers (ORF.A).
Appraisal cost reimbursement requests must be made in writing and submitted to the
Department of Transportation, Division of Right of Way, Attention: , 855 M Street,
Suite 200, Fresno, California, 93721, within 90 days of the earliest of the following dates: (1)
the date the selected appraiser requests payment from you for the appraisal; or, (2) the date
upon which you, or someone on your behalf, remitted full payment to the selected appraiser
for the appraisal. Copies of the contract (if a contract was made), appraisal report, and
invoice for completed work by the appraiser must be provided to the Department of
Transportation concurrent with submission of the appraisal cost reimbursement request. The
costs must be reasonable and justifiable.
6. The owner of a business conducted on a property to be acquired, or conducted on the remaining
property which will be affected by the purchase of the required property, may be entitled to
compensation for the loss of goodwill. Entitlement is contingent upon the ability to prove
such loss in accordance with the provisions of Sections 1263.510 and 1263.520 of the Code of
Civil Procedure.
7. If you ultimately elect to reject the State's offer for your property, you ate entitled to have the
amount of compensation determined by a court of law in accordance with the laws of the State of
California.
8. You are entitled to receive all benefits that are available through donation to the State of California
of all or part of your interest in the real property sought to be acquired by the Department of
Transportation as set out in Streets and Highways Code Sections 104.2 and 104.12.
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ORIGINAL
CITY OF BAKERSFIELD
CERTIFICATE OF APPRAISER
Hereby Certify:
That I have personally inspected the property herein appraised and that the property
owner has been afforded an opportunity to be present at the time of the inspection. A
personal field inspection of the comparable sales relied upon in making said appraisal has
also been made. The subject and the comparable sales relied upon in making said
appraisal were as represented by the photographs contained in said appraisal.
That to the best of my knowledge and belief, the statements contained in the appraisal
herein set forth are true, and the information upon which the opinions expressed therein
are based is correct, subject to limiting conditions therein set forth.
That I understand that such appraisal is to be used in connection with the acquisition of
right of way for a highway to be constructed by the City of Bakersfield with the
assistance of State and Federal funds.
That such appraisal has been made in conformity with the appropriate State and Federal
laws, including laws regarding the use of eminent domain, Title VI of the 1964 Civil
Rights Act, and regulations, policies and procedures applicable to appraisal of right of
way for such purposes; and that to the best of my knowledge no portion of the value
assigned to such property consists of items which are noncompensable under the
established law of said State.
That neither my employment nor my compensation for making this appraisal and report
are in any way contingent upon the values reported herein.
That I have no direct or indirect present or contemplated future personal interest in such
property or in any benefit from the acquisition of such property appraised.
That I have not revealed the findings and results of such appraisal to anyone other than
the proper officials of the City of Bakersfield and I will not do so until so authorized by
City officials, or until I am required to do so by due process of law, or until I am released
from this obligation by having publicly testified as to such findings.
That my opinion of the total fair market value included in this report and made a part
hereof by reference, as of the 7th day of October 2011, is $137,000 ; and that such
conclusion was derived without collusion, coercion or direction as to value.
Dated:
Michael C. Buroer
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ORIGINAL
State Route 178 Interchange at
Morning Drive
Hawat neth
434 -010 -04 East
THE EASTERLY 260 FEET OF THAT PORTION OF THE NORTH HALF OF THE
NORTHEAST QUARTER OF SECTION 24, TOWNSHIP 29 SOUTH, RANGE 28 EAST,
M.D.B. &M, UNINCORPORATED AREA, COUNTY OF KERN, STATE OF CALIFORNIA,
ACCORDING TO THE OFFICIAL PLAT OF SAID LAND APPROVED BY THE
SURVEYOR GENERAL ON FEBRUARY 28, 1955, AND LYING NORTHERLY OF THE
PARCEL OF LAND GRANTED TO THE STATE OF CALIFORNIA IN DEED RECORDED
APRIL 12, 1971, IN BOOK 4512, PAGE 404, OFFICIAL RECORDS.
TOGETHER WITH ALL RIGHTS OF INGRESS AND EGRESS TO OR FROM SR 178
OVER AND ACROSS THE WEST AND NORTH LINES OF SAID PROPERTY
AREA: 1.043 ACRES MORE OR LESS
Page 1 of I o� 0 A K, 9q
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ORIGINAL.