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HomeMy WebLinkAboutRES NO 039-12RESOLUTION NO. 039, 1 2 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 -06, 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 \11- 12 \RON - Horttrust.178 &Morningdr.Docx -- Page 1 of 3 Pages -- 8- 1P11 A KF9`f'c1 v d ORIGINAL. (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 $3,200.00, 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: F ABSTAIN ABSENT: COUNCILMEMBER S COUNCILMEMBER_ COUNCILMEMBER_ COUNCILMEMBER MAY 2 3 2012 ✓ &o� ✓ I✓ AS, BENHAM, WEIR, COUCH, HANSON, SULLIVAN, JOHNSON ROBERTA GAFFORD, CMq( V FITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield Z HARVEY L. HALL, Mayor APPROVED AS TO FORM: # VIRGINIA GENNARO, City Attorney By J SHUA H. RUDNICK eputy City Attorney S: \COUNCIL \Resos\ 11- 12 \RON - Horttrust.178 &Morningdr.Docx -- Page 2 of 3 Pages -- �gAKF9 y rn f-- r CD o ORIGINAL. CERTIFICATE OF CITY CLERK I, ROBERTA GAFFORD, Clerk of the City of Bakersfield, certify the foregoing is the full and true Resolution No.03` /- /2,passed and adopted by the City Council of the City of Bakersfield at a regular meeting held on May 23, 2012. ROBERTA GAFFORD S: \C0UNCIL \Resos \1 1- 12 \RON - Horttrust.178&Morningdr.Docx -- Page 3 of 3 Pages -- o`` g A KF,96'" >- m F- r V � ORIGINAL. State Route 178 Interchange at Morning Drive 434 -010 -06 A PORTION OF TIIE NORT'I II AST QIJARTT?R OF TIIE NORTHEAST QUARTER OF SECTION 24, "TOWNSHIP 29 SOUTH, RANGE, 28 EAST, MOUNT DIABLO BASK AND MERIDIAN, IN THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: COMMENCING A "T TI lE NORT'HEAS'T' CORNER OF SAID SECTION 24; THENCE' SOUTII 00 034'44" WEST, ON AND ALONG TIIE? EAST LINE OF SAID NORTHEAST QUARTER, A DISTANCE OF 832.251FET, TI I1':NCE NORTH 89025'16" WEST, A DISTANCE OF 199.99 FEET, TO THE INTERSECTION OF THE WEST LINE OF THE EAST 199.99 FEET OF SAID NORT'HI:AS "T QUARTER AND THE SOUTI I LINE OF THE PARCEL OF LAND GRANTED TO THE STATE OF CALIFORNIA IN DEED RECORDED APRIL. 12, 1971, IN BOOK 4512, PAGE 404, OFFICIAL RECORDS, ALSO BEING THE TRUE POINT OF BEGINNING; THENCE (1) SOUTH 67 °34'08" EAST, ON AND ALONG SAID SOUTH LINE, A DISTANCE: OF 85.64 FEET; TI 1l NCE (2) SOUTH 25"05'50" EAST, ON AND ALONG SAID SOUTH LINE, A DISTANCE OF 37.12 FF,E'T; THENCE (3) NORTH 55 003'49" WEST. A DISTANCE OF 115.77 FEET, TO THE 'TRUE POINT OF BEGINNING. AREA: 1,073 SQUARE FI FT MORE OR LESS ALL DISTANCES ARE GRID DISTANCES. DIVIDE DISTANCES BY 0.99995386 TO CONVERT TO GROUND DISTANCES. THIS CONVEYANCE.: IS MADE FOR THE PURPOSE OF A FREEWAY AND THE GRANTOR IIEREBY RFLEASES ANll RELINQUISHES TO THE GRANTEE ANY AND AL.L, ABUTTER'S RIGHTS INCLUDING ACCESS RIGHTS, APPURTENANT TO GRANTOR'S REMAINING PROPERTY, IN AND TO SAID FREEWAY. �. no No. 015369 Exp. 3 -31.13 Page I of I m I ~ r "______ L. EXHIBIT ORIGINAL. Dist.-Co.-Rte. 06-KER- 178 -BKD EA 06.009406L Parcel No. 434-010.08 Cal Trans File No. 88711 -1 April 4, 2012 SHIRLEY HORT 7377 N MCMANUS TRAIL TUCSON, AZ 85718 Morning Drive Interchange/State Route 178 Project APN 434 -010.06 (Partial Acquisition) Offer of Just Compensation: $3,200 Dear Mrs. Hort, 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 a portion of your property (approximately 1,073 SF), see attached parcel map. Pursuant to Section 7267.2 of the California Government Code, the City of Bakersfield offers $3,200 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 & Associates, MAI. 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 October 7, 2011. 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 Califomia 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 evidence that the appraisal has been completed prior to payment, along with billing or invoice from an appraisal company or individual. City of Bakersfield • Property Management Division - 900 Truxtun Avenue, #200 Bakersfield • California • 93301 (661) 326 -3479 • Fax (661) 852 -2195 EXHIBIT 11-1�" o11 <,, N s m U O ORIGINAL • 1**A* B A -48OW411111111116 K E R S F I E L D Dist.-Co.-Rte. 06-KER- 178 -BKD EA 06.009406L Parcel No. 434-010.08 Cal Trans File No. 88711 -1 April 4, 2012 SHIRLEY HORT 7377 N MCMANUS TRAIL TUCSON, AZ 85718 Morning Drive Interchange/State Route 178 Project APN 434 -010.06 (Partial Acquisition) Offer of Just Compensation: $3,200 Dear Mrs. Hort, 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 a portion of your property (approximately 1,073 SF), see attached parcel map. Pursuant to Section 7267.2 of the California Government Code, the City of Bakersfield offers $3,200 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 & Associates, MAI. 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 October 7, 2011. 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 Califomia Code of Civil Procedure section 1263.02, the City of Bakersfield shall reimburse you the reasonable cost of an independent appraisal, up to $5,000 should you wish to obtain one. The City of Bakersfield will reimburse you the cost of the appraisal with provided evidence that the appraisal has been completed prior to payment, along with billing or invoice from an appraisal company or individual. City of Bakersfield • Property Management Division - 900 Truxtun Avenue, #200 Bakersfield • California • 93301 (661) 326 -3479 • Fax (661) 852 -2195 EXHIBIT 11-1�" o11 <,, N s m U O ORIGINAL Offer to Purchase Letter Page 2 4/4/2012 We look forward to working with you in the completion of the acquisition of your property. Please call me to discuss further any aspect of the project or property acquisition. Thank you again for your consideration in this project. Sincerel Charles Webb Real Property Agent II Property Management Division (661) 326 -3479 phone (661) 852 -2195 fax Email: cwebbObakersfieldcity.us Enclosures: Appraisal Summary Statement Acquisition Map and Legal Description Property Owner or owner representative acknowledges receiving Offer to Purchase Letter and enclosures. Date: Signature: (Please return extra copy of this letter signed in return envelope enclosed) Cc: Barbara Hort, Trustee 10211 Southeast 1 e Street Vancouver, WA 98664 Offer to Purchase Ur - Hort 13 1p" >- rn F-- r CJ O ORIGINAL '489 °54'51 "W 2659.82' FD 2.5" iP - W /NAIL. AND f TAG. RCE 17564 I N 1/4 CORNER SECTION 24 T29S.. R28E... II I I I o� Ui Ln %D I N 3C o; N O O NI 4 AREA TABLE ORIGINAL PARCEL (GROSS) ORIGINAL PARCEL (NET)* TAKE ( G ) TAKE ( N )-)K REMAINDER (G) 0.423 AC 0.388 AC 1.073 SO FT 1.073 SO FT 0.398 AC _.. FD. BRASS CAP 1 MOUNUMEN ENT. LS 3707 I( NF. CORNER OF SECTION 24 729S.. R28E. I Ln I N N rn m _ _....__.____..._.___._.__,._._.__.._._._._.. _...�..�__...._...._._._- ._. -_. 13 LEGEND IQ RESTRICTED ACCESS -� { PROJECT RIGHT OF WAY EXISTING EASEMENT i 4 SECTION BOUNDARY PARCEL SECTION CORNER AS DESCRIBED CALTRANS RW MONUMENT (T -BAR) N89 °25'16 "W 199.99' 3q •08 E 8$ • 6q . �r ySS. 7 0, - 9g y l �s. S25.05'50 "E 37.12' (2) I �I) i I I m N 1n I IJI N 7 ; Q i tY M I O O N I i I SCALE: 11 "= 40' I Ii II J FD. BRASS CAP NOT FD. EASTAB. BY J c- MONUMENT PER PM 5663 GRANT BOUNDARY CENTER SECTION 24 E 1/4 CORNER T29S.. R28E. N89 °55'45 "E 2652.16' SECTION 24. T29S.. R28E. NOTE: Bearings and distances based on SR 178 Control Survey performed 10/10/11 to 10/1 /11 All distances are grid distances. Divide distances by 0.99995386 to convert to ground distances. �oQRpFESSlp4q` A portion of the NE quarter of Sec. 24, NETTG T. 29 S.. R. 28 E.. M.D.B.M. UASLS�F BEARING THE BEARING OF N89° 54' 51 "W .. AS THE NORTH LINE V)LT.uGINEE V RONALD F. RUETTGER M OF THE NORTHEAST QUARTER OF SECTION 24 f a No. 15369 9 * Exp. 3 -31 -13 4 V1 CA 0{' L\* ,{� .. MORNING DRIVE d STATE ROUTE 178 Right- of-Way Acquisition M Kc DRAM s.: MJW YE:p3 -12 1u:gg ....?_� 9`I'� wim "°434 010 -06- U o ORIGINAL State Route 178 Interchange at Morning Drive 434 - 010-06 A PORTION OF TIIE NORTHEAST QUARTER OF TFIE NORTHEAST QUARIT;R OF SECTION 24, "TOWNSHIP 29 SOUTH, RANGE 28 EAST, MOUNT DIABLO BAST: AND MERIDIAN, IN THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: COMMENCING AT TI I NORTHEAST CORNER OF SAID SECTION 24; THENCE SOUTH 00 °34'44" WEST, ON AND ALONG TIIF. EAST LINE OF SAID NORTHEAST QUARTER, A DISTANCE OF 832.25 FEET, TI f f:NCf; NORTH 89025'16" WEST, A DISTANCE OF 199.99 FEET, TO THE INTERSECTION OF THE WEST LINE OF THE EAST 199.99 FEET OF SAID NORTHEAST' QUARTER AND THE SOUTH LINE OF THE PARCEL OF LAND GRANTED TO THE STATE OF CALIFORNIA IN DEED RECORDED APRIL. 12, 1971, IN BOOK 4512, PAGE 404, OFFICIAL RECORDS, ALSO BEING THE TRUE POINT OF BEGINNING; THENCE (1) SOUTH 67 °34'08" EAST, ON AND ALONG SAID SOUTH LINT, A DISTANCE: OF 85.64 FEET; THENCE(2) SOUTH 25 °05'50" EAST, ON AND ALONG SAID SOUTH LINE, A DISTANCE OF 37.12 FEET. THENCE (3) NORTH 55 °03'49" WEST, A DISTANCE OF 115.77 FEET, TO THE TRUE POINT OF BEGINNING. AREA: 1,073 SQUARE FF ET MORE OR LESS ALL DISTANCES ARE GRID DISTANCES. DIVIDE DISTANCES BY 0.99995386 TO CONVERT TO GROUND DISTANCES. THIS CONVEYANCE IS MADE. FOR THE PURPOSE OF A FREEWAY AND THE GRANTOR IIEREBY RELEASES AND RELINQUISHES TO THE GRANTEE ANY AND AL.L ABUTTER'S RIGHTS INCLUDING ACCESS RIGHTS, APPURTENANT TO GRANTOR'S REMAINING PROPERTY, IN AND TO SAID FREEWAY. No. C15369w. �iw.�Jl�.. � E�q►. 331.13 � 2.-- O Page I of I s � m F_ r V � ORIGINAL STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION APPRAISAL SUMMARY STATEMENT (Form N) CONFIDENTIAL This document contains personal information and pursuant to Civil Code 1798.21, it shall be kept confidential in order to protect againu unauthorized EXHIBIT 8- EX -15A (REV 612010) I of 7 Dist. Co. Rte. P.M. Parcel No. Federal Aid Project No. Date 434-010-06 3127/12 Owner: Marvin & Shirley Hort Property Address: SWQ Future Morning Dr. & Hwy. 178 Locale: Bakersfield, CA Total Property Area: 18,426 sq.R. Date Acquired: Proposed Property to be acquired: Part ® All ❑ Including Access Rights Yes ❑ No 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: October 7, 2011 Original ® Updated ❑ Applicable zoning: R-1: One Family Dwelling Area to be acquired: 1,073 sq.ft. Highest and best use: Hold until Morning Dr. is installed and there is demand for commercial development. Current use: Vacant o� � A KF9s �- rn ORIGINAL. APPRAISAL SUMMARY STATEMENT (Coat.) EXHIBIT 8- EX -15A (REV 612010) (Form #) Page 2 of 7 Subiweel Total Area = Item None Lump Sum Total = $ Fi= 1,073 sq.ft. Size Ot� g A KF'9 -n s F- r v o ORIGINAL EXHIBIT APPRAISAL SUMMARY STATEMENT (Coat.) 8- EX -ISA (REV 6/2010) (Form #) Page 3 of 7 Value of the Entire Property Value of the property being acquired including the following improvements: Land: Imps $ 51,160 $ 3,219 Value of the remainder as part of the whole before the State's acquisition $ 47,941 Value of the remainder as a separate parcel (cured) $ 47,941 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 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 3,219 Rounded To $ 3,200 N/A AK, 9s F m U p ORIGINAL EXHIBIT APPRAISAL SUMMARY STATEMENT (Cont.) 8- Ex -15A (REV 6/2010) (Form #) Page 4 of 7 Item Lump Sum Total N/A (Narrative Explanation & calculations, if applicable) Lump Sum Total (Narrative Explanation, & calculations, if applicable) Lump Sum Total NET DAMAGES (Total Damages less Benefits) Size AK, 9q F_— Fn- ORIGINAL EXHIBIT APPRAISAL SUMMARY STATEMENT (Coat.) 8- EX -15A (RF.V 6/2007) (Form #) Page 5 of 7 N/A 5. 6. 7. 8. 9. 10. o``�AKF9s a r-- m v o ORIGINAL EXHIBIT APPRAISAL SUMMARY STATEMENT (Cont.) 8- EX -15A (REV 612010) (Form #) Page 6 of 7 1. The Sales Comparison approach is based on the consideration of comparable land and improved sales. Indicated value by Sales Comparison Approach $ 3,200 (rounded) See attached sheet for principal transactions. 2. The cost approach is based in part on a replacement cost new 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 Net Operating Income $ Indicated value by Income Approach $ 4. Other Indicated value $ N/A % Site sales range from $1.17 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. The subject is above grade with no paved roadway access and no utilities. Roadway improvements and utility extension typically costs between $2.00 and $3.00/sq.ft. There are no sales of similarly developed parcels. Overall, all sales are superior to the subject and include paved roadway access, requiring downward adjustments. Sale 3 is most similar to the subject site, but it is at grade with paved roadway access. Sale 5 is near a Hwy. 99 on-off ramp in an area with little development. It would set the lower level for a much larger parcel. All but Sales 1, 3, 5 and 6 include curbs and gutters, requiring downward adjustments. The subject is smaller than most parcels purchased for commercial development, as evidenced by sales. However, it is at the corner of a proposed interchange. Therefore, value of the subject site is estimated at $3.00 /sq.ft. o� 6 AKF9s T r. m ORIGINAL EXHIBIT APPRAISAL SUMMARY STATEMENT (Cont.) 8- EX -15A (REV 6/2010) (Form #) Page 7 of 7 SUMMARY OF RECORDED DATA Date Instrument Cub Equiv. ' Sine Pricaj Sale Rceorded Date Grantor Grantee Location 1 04/12107 07.079934 Chip Ith I G Properties, Inc. 8011 Niles St. 2 07 /06/07 07-141276 Ken & Connie Leung Terra Group, Inc. 3000 Niles St. 3 OV08/09 09-007043 7900 East Niles Partnership Clinica Sierra Vista NEC Niles St., Park Dr. 4 08/05/09 09- 113625 Cecil Downhour Jack & Nuha Haddad 4028 Niles St. 5 9/10/10 10-124897 Shaun L. Bor Harari Ents. LLC Costajo Rd. B 11/14/11 11-149928 ender Singh & Bhupinder Inter. Church of 4- 1356 Jewetta Ave. A 1 1 1 Kaur iSquare 71,910 These transactions have been verified with buyer, seller or agent. Prices and physical characteristics are further detailed as follows: SUMMARY OF SITE SALES Deed Cub Equiv. ' Sine Pricaj Sale Date Assessor's Parcel Number Sales Prig Ft. .Ft. Zftft 1 02108107 133.030-01, 03, 04, 05, 32 $1,200,000 104,544 $11.48 C-2 PD 2 04116/07 136-040-11,12,13 $426,000 49,382 $8.61 C-1 3 01 /20109 132-010.35 $479,500 89,733 $5.34 C-2 PD 4 07/16/09 134-270.14 $165,000 25,520 $6.47 C-2 5 8126110 185-381.05 $355,000 302,742 $1.17 A 6 10/5111 110.130.06 $141000 71,910 $1.96 R-1 18,000 o``0AK�9� i m U p 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 1 of 2 (Form #) The California Department of Transportation is proposing to improve the Hwv 178 and Moming Dr. interchange. Your property located at the southwest auadT91ft of Hwv. 178 and Morning Dr. is within the project area, and is also identified by your county assessor as Parcel No. 434 - 010 -06. 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/are owned by you or, if applicable, occupied by you as a tenant and which is/are 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 1,073 sq.ft. of a vacant parcel containing 18,426 sq.R. and is described in 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 entitle 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 $5,000 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; o`` g AKF9� �-- m U O ORIGINAL STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION EXHIBIT SUM MMY STATEMENT RELATING TO PURCHASE OF 8-EX-16 (REV 2/2007) 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 (OREA). c. 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 are 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. ``�AKC' o r U O ORIGINAL CITY OF BAKERSFIELD CERTIFICATE OF APPRAISER 1 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 1 have not revealed the findings and results of such appraisal to anyone other than the proper officials of the City of Bakersfield and 1 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 $3,200 ; and that such conclusion was derived without collusion, coercion or direction as to value. Dated: Michael C. Bur gAKF9� T � r U O ORIGINAL