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HomeMy WebLinkAboutRES NO 040-12RESOLUTION NO. 040-12 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 -16 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: 1. 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 - Evans, Tony &Carol.docx May 1, 2012 -- Page 1 of 3 Pages -- o11 gAKF9 s � r- c� O 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 $38,000.00, 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 COUNCILMEMBER SALAS, BENHAM, WEIR, COUCH, HANSON, SULLIVAN, JOHNSON ES; COUNCILMEMBER f1Cal\4_ ABSTAIN: COUNCILMEMBER r ABSENT: COUNCILMEMBER APPROVED MAY 2 3 2012 L. HALL. M APPROVED AS TO FORM: VIRGI" GENNARO, CLtv A go ANDREW HEGLLINR Deputy City Attorney S: \ COU NCI L\ Resos\ 11 -12 \ RON - Evans,Tony &Carol.docx May 1, 2012 44LU4 &O BERTA GAFFORD, C ITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield -- Page 2 of 3 Pages -- ��0AKF9� s � r U G ORIGINAL CERTIFICATE OF CITY CLERK I, ROBERTA GAFFORD, Clerk of the City of Bakersfield, certify the foregoing is the full and true Resolution No. D /Z. 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 - Evans,Tony &Carol.docx May 1, 2012 "Je� Z4" ROBERTA GAFFORD -- Page 3 of 3 Pages -- `o`g A K, 9q T F.- m r U p ORIGINAL. State Route 178 Interchange at Morning Drive 434 - 010 -16 THAT PORTION OF THE NORTHWEST QTJARTI R OF SECTION 24, OF TOWNSI III' 29 SOI iTH. RANOF 28 EAST, MOUNT DIABI,O kf1,'RIDIAN, IN TIII' CIT)' OF BAKERSI'II:LD, COUN'T'Y OF KERN, STATT- OF CALIFORNIA, I FSC'RIBED AS FOLLOWS: COMMENCING AT T'I IE C EWER OF SAID SEC" FION 24; THENCE' E' NORT'I 100025'30" EAST, ON AND ALONG T 11F EAST LINE OF SAID NORT'IIWES'I' QUARTZ R, A DISTANCE: OF 1745.34 FF'I:T. TO TIM TRIJI. POINT OF BEGINNING; THENCE(l) SOUTH 89 °47'27" WEST, A DISTANC'I: OF 433.771 "I:I ?T, 'I'O -Y II; Vl'EST LINE OF A PARCEI, OF LAND SHOWN IN A RECORD OF SURVEY FILED JANUARY 24. 1978 IN BOOK 12 OF RECORD OF SURV`FYS AT PAGUI 30, OFFICIAL RI "CORDS; TI II NCE (2) NOR'1'1 i 00 °'547" hAST'. A DISTANCT-. OF 290.35 FEET. TO A POIN "I' ON TITS SOUTI I LINE OF THE PARCEL OF LAND GRANIT D TO THE STATE OF CALIFORNIA IN DEED RECORDED DECEMBER 30, 1968, IN BOOK 4229, PAGE 574, OFFICIAL RECORDS; THENC'1 (3) sot rnI 88'26'26" EAST, ON AND ALONG SAID SOL.TII LINT:. A DISTANCE OF 433.80 FEET. TO A POINT ON SAID EAST LINT; TIIENCE (4) sot -Ti 100 °25'30" WEST. A DISTANCE OF 270.96 FEET, ON AND ALONG SAID EAST LINE T'O THE TRITF POINT OF BEGINNING. AREA: 2.824 ACRES MORI OR LESS ALL DISTANCES ARE GRID DISTANCES. DIVIDE DISTANCES BY 0.99995386 TO CONVERT T'O GROUND DISTANCES. 00 `� i go. 015369 .L. �••+ Ed (ti,�,✓t Exp. 3-31-13 IO�gAKF9 Page I of I EXHIBIT" n s� U O Dist. -Co. -Rte. 06- KER- 178 -BKD EA 06- OC9408L Parcel No. 434 -010.06 Cal Trans File No. 86712 -1 April 17, 2012 TONY & CAROL EVANS 14848 LAGO DRIVE RANCHO MURIETA, CA 95683 Morning Drive Interchange/State Route 178 Project APN 434. 010-16 (Partial Acquisition) Offer of Just Compensation: $38,000 Dear Mr & Mrs. Evans, 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 2.824 acres), see attached parcel map. Pursuant to Section 7267.2 of the California Government Code, the City of Bakersfield offers $38,000 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 & 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 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 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 p,AKF (661) 326-3479 Fax (661) 852 - 2195` 9s� EXHIBIT ORIGINAL • B A K E R S F I E L D Dist. -Co. -Rte. 06- KER- 178 -BKD EA 06- OC9408L Parcel No. 434 -010.06 Cal Trans File No. 86712 -1 April 17, 2012 TONY & CAROL EVANS 14848 LAGO DRIVE RANCHO MURIETA, CA 95683 Morning Drive Interchange/State Route 178 Project APN 434. 010-16 (Partial Acquisition) Offer of Just Compensation: $38,000 Dear Mr & Mrs. Evans, 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 2.824 acres), see attached parcel map. Pursuant to Section 7267.2 of the California Government Code, the City of Bakersfield offers $38,000 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 & 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 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 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 p,AKF (661) 326-3479 Fax (661) 852 - 2195` 9s� EXHIBIT ORIGINAL Offer to Purchase Letter Page 2 4/17/2012 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. Sincerely, ( " �J' 1 Charles Webb Real Property Agent II Property Management Division (661) 326 -3479 phone (661) 852 -2195 fax Email: cwebb0bakersfieldcity.us Enclosures: Appraisal Summary Statement Acquisition Map and Legal Description Cc: Ken Koss 6420 Via del Cerrito Rancho Muriea, CA 95683 *Property Owner acknowledges receiving Offer to Purchase Letter, Date: Signature: (Please return extra copy of this letter signed in return envelope enclosed) Offer to Purchase Ltr - Evans s AKF9`� -� - Fn- ORIGINAL SCALE: 1 "- 300' S89 059'26 "W 2669.63' N89 °54'51 "W 2659.82' n FC 2.5" IP W /NAi4 FC 2" BRASS CRAP FO CO ENG MON ANG TAG. RCE 17564 MON. LS 3707 IN WELL N 1/4 CORNER OF CORNER NW CORNER SECTION 24 NE SCORNER 24 SECTION 24 T29S.. R28E. T29S.. R28E. T295.. R28E. I • (2) N00 025'47 "E 290.35' Im S00 °25'30 "W (4) 276.96' POB AREA TABLE Ln ORIGINAL PARCEL (GROSS) 10.101 AC lLn TAKE (G) 2.824 AC IN REMAINDER (G) 7.277 AC I. ILn N O O N I QI t I 1 I LEGEND I RESTRICTED ACCESS ) I I I I I PROJECT RIGHT OF WAY I EXISTING EASEMENT I SECTION BOUNDARY - - PARCEL SECTION CORNER AS DESCRIBED CAL.TRANS RW MONUMENT (T -BART • I � 1 N Ido Q 0 N 1 ; I Q I R 1 O IN FO BRASS I NOT FO ESTAB — I CAP MON BY GRANT BDRY CENTER METHOD SECTION 24 E 1/4 CORNER T29S.. R28E. SECTION 24 T29. . R28E. 589.54'54 "W N89.55'45 "E 2652.76' 433.90' NOTE: Bearings and distances based on SR 178 Control Survey by PSOMAS performed 10/10/11 to 10/18/11. All distances are grid distances. Divide distcnces by 0.99995386 to convert to ground distances. �kOFESS10N4`4 ,Z ONALO F. RUETT6ER No. 15369 a f Exp. 3 -31 -13 / OF CAL A portion of the NW quarter of Sec. 24. T. 29 S.. R. 28 E.. M.D.B.M. BA-51 -F BEAR a THE BEARING OF S89° 59' 51 "W - AS THE NORTH LINE OF THE NORTHWEST QUARTER OF SECTION 24 R�ETTGERS CHULER CIVIL ENCJ N EERS MORNING DRIVE d STATE ROUTE 178 Right- o+-Way Acquisition Map a+,ae..MJ,N .Te:(j3. -12 �ne:394- Af%CP — ,t-EVA' S. KOSS cP� x,434-••010-16 +- m ORIGINAL State Route 178 Interchange at Morning Drive 434 - 010 -16 THAT PORTION ON THE NORTHWEST QT JARTF R OF SECTION 24, OF TOWNSI III' 29 S(')I TTI-1. RANCT 28 EAST, MOUNT DIABLO N4FRIDIAN, IN T'I IF CITE' OF BAKERSH1:I,1), COUNTY OF KERN, STAT F OF CALIFORNIA, DESCRIBED AS FOLLOWS: COMMENCING AT TT IF CENTI ;R OF SAID SFC" FION 24; TIIFN('F NOR I'I 100 "25130" EAST, ON AND ALONG - 1.11I? EAST LINE OF SAID NORTI IU'F ST QUARTZ R, A DISTANC I: OF 1745.34 FI= FT. T'O TI IF TRt -F: POINT OF 13F.GINNING; THENCE (l) SOUTH 89 °47X27" WEST, A DIST <1NC'I OF 433.77 FEET. "1'0 -111,1: WEST LINE OF A PARCEI. OF LAND SHOWN IN A RECORD OF SURVEY FILED JANUARY 24. 1978 IN BOOK 12 OF RECORD OF SURVEYS A`I' PAGE", 30, OFFICIAL RFC'ORDS, TTII ;NCE (2) NOR'1'I100 °2.5'47" 17AS "F. A DISTANC'F OF 290.35 FEET. TO A POIN "1' ON TI IF SOUTH LINF OF THE PARC'IsI. OF LAND GRANTED TO TI-IF ST A11: OF CALIFORNIA IN DIED RECORDED DECEMBER 30, 1968, IN BOOK 4229, PAGE 574, OFFICIAI. RECORDS; 'IT -1I NCI (3) sot 1'FII 88 °2626" EAST, ON AND ALONG SAID SOU "FII LINE. A DISTANCE OF 433.80 FEET, TO A POINT ON SAID EAST LINE; TIIENCE (4) sot "n 100 025'30" WEST. A DISTANCE OF 276.96 FEET, ON AND ALONG SAID EAST LINE TO THI: TRITE POINT OF BEGINNING. AREA: 2.824 ACRES MORN. OR LESS ALL DISTANCES ARE GRID DISTANCES. DIVIDE, DISTANCF,,S BY 0.99995386 TO CONVERT T'O GROUND DISTANCES. rn ¢ No. C15369 -L. �•+ tb 1.�;.�✓l c .ma * Exp. 3.31•13 �gAK�c9 Paste I of I a m �7 r O ORIGINAL STATE. OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION APPRAISAL SUMMARY STATEMENT (Form #) CONFIDENTIAL This document contains purxmal infunnatiun and pursuant to Civil ('ode 1798.21, it shall be kept confidential in order to protect against unauthorized EXHIBIT 8 -EX -I SA (RF:v 6/2010) I of 7 Dist. Co. Rte. P.M. Parcel No. Federal Aid Project No. Date 434-010-16 1 3/27/12 Owner: Tony & Carol Evans Rev Trust Property Address: Southside of Hwy. 178 Locale: Bakersfield, CA Total Property Area: 10.101 ac. Date Acquired: Proposed Property to be acquired: Part ® All ❑ Including Access Rights Yes ❑ No The market value for the property to he 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 0 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: 2.824 ac. Highest and best use: Hold until there is demand for residential development. Current use: Vacant o``gAKF9� s� M r U ORIGINAL EXHIBIT APPRAISAL SUMMARY STATEMENT (Cont.) 8- EX -15A (REV 6/2010) (Fwm N) Page 2 of 7 AREM MORIN THE RIGHT OF WAY Sub-paml Area Item None Lump Sum Total = $ Total Area = 2.824 ac. Sire m O ORIGINAL EXHIBIT APPRAISAL SUMMARY STATEMENT (Cont.) 8- EX -I5A (REV 612010) (Form #) Pagc 3 of 7 Value of the Entire Property Value of the property being acquired including the following improvements: Land: Imps: $ $101,010 $ 28,240 $ — 28,240 Value of the remainder as part of the whole before the State's acquisition $ $72,770 Value of the remainder as a separate parcel (cured) $ $72,770 Severance Damages (see page 4): Cost to Cure Damages: Incurable Damages: Total Damages: Benefits (see page 4): Net Damages: 0 $ $10,000 $ N/A $ _ 38,240 13 N/A $ 38,240 The amount of any other compensation: $ N/A JUST COMPENSATION FOR ACQUISITION $ 38,240 Rounded To $ 88,000 $ N/A AK, 9`q c� O 0MOINAL EXH 113]: T APPRAISAL SUMMARY STATEMENT (Cont.) 8- EX -15A (RFV 6/2010) (Ftl"° #) Pagc 4 of 7 Item Redesign, remapping fees Lump Sum Total (Narrative Explanation & calculations, if applicable) Lump Sum Total (Narrative Explanation, & calculations, if applicable) Lump Sum Total NET DAMAGES (Total Damages less Benefits) size $ 10,000 $ $ $ 10,000 T c,7 d ORIGINAL EXH1B1'P APPRAISAL SUMMARY STATEMENT (Cont) 8- EX -15A (REV 612007) (Fmm #) -- - Pagc 5 of 7 N/A 1. 5. 6. 7. 8. s. 10. o��AK�9ct' T i =. m E -'a o ORIGINAL EXHIBIT APPRAISAL SUMMARY STATEMENT (Cont.) 8-EX-15A (REV 6/2010) (Form #) Page 6 of 7 THE FOLLOWING ERMNATION IS BASED ON THE ENTIRE 1. The Sales Comparison approach is based on the consideration of SUBJECT PAR[!1'TT. comparable land and improved sales. Indicated value by Sales Comparison Approach $ 28,240 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 $ 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 $ Sales range from $3,946 to $38,423/acre. All are larger parcels requiring upward adjustments. Typically, as size decreases, price/acre increases. Adjustments were made for status of improvements. Sales were adjusted as described within the comments for each sale above. All but Sale K include paved roadway access, requiring overall downward adjustments. Therefore, value of the subject site is estimated at $10,000 /ac., or $3,608/lot. Further, as discussed, costs to cure are estimated at $10,000. Therefore, total just compensation is summarized as follows: 2.824 ac. @ $10,000 /ac. = $28,240 Cost To Cure /Map Fees $10.000 Total $38,240 Round To $38,000 4� g AKF9J, M- rr c ORIGINAL EXHIBIT APPRAISAL SUMMARY STATEMENT (Coat.) 8- EX -I5A (REV 6/2010) (Norm #) Page 7 of 7 SUMMARY OF RECORDED DATA Date Instrument Cash Equiv. $in Priasl 8219 Recarlsd Lob/ Grantor Grantee LocsBan A 12131/07 07- 253770 Casa Awl Land KRP Panama, LLC Panama Ln., west of Stine Rd. (SW)� 8 04/10/08 08- 055518 Bakersfield Innovations Mesa Merin, LLC Kem Canyon Rd. (NE) C 06/26/08 08- 101506 Ennis Homes, Inc. VIC -NIC VI, LLC SEC Berkshire/Stine (SW) B 04/03/08 533-012 -36 $900,000 40.24 NEC Panama/Old River (SW) D 06/1801 08- 097087 KS Home Sacramento, Inc. 65 Harvest Moon, LLC SWO Hwy. 178/Alfred Harrell (NE) E 07/07/08 08- 106358 Bakersfield Panorama, LP BHT - Bakersfield MH, LLC NWC McCutchen/Progress (SW) F 04/13/09 09- 051818 DOA Properties V, LLC Stine Road Properties, LLC SWC Berkshire/Stine (SW) G 06/10109 09- 083908 Comerica Bank Hai & Won Chen Panorama Dr., west of Morning Dr. (NE) H 01/20110 10- 007558 Wastamerlcs Bank Maroon & Sophia Hanaseb Hwy. 178, east of Miramonte Dr. (NE) I 04/30/10 10- 066309 Wachovia Bank Vander Weerd Investments SWC Paladin Dr., Morning Dr. (NE) J 03/17111 11. 034578 River City Bank Kern Resources, LLC E. of Morning Dr., N. or Hwy. 178 (NE) K 03/30/11 11- 041772 1 PremierWest Bank Page Ranch, LLC W. of Morning Dr. N. of Paladin Dr. NE Prices and physical characteristics are further detailed as follows: SUMMARY OF PHYSICAL CHARACTERISTICS Cash Equiv. $in Priasl Price/ Lob/ Sale Deed Dab AsssaWs Parcel Number Saba Price Acre Ace Lob Lot A= A 12126/07 538-010 -05 $2,000,000 56.84 $35,186 230 58,698 4.05 B 04/03/08 533-012 -36 $900,000 40.24 $22,366 172 $5,233 4.27 tR- C 06/11/08 515 - 040 -01, 497 -010-05 $1,457,500 57.84 $25,199 236 $6,176 4.08 D 06/13/08 387- 160 -33 $765,000 19.91 $38,423 85 $9,000 4.27 E 07101/08 540-010-20,21,22,24 $546,000 30.00 $18,267 137 $4,000 4.57 R -1 F 04/07/09 538- 020-05 $1,100,000 72.41 $15,191 308 $3,571 4.25 R -1 G 08/04109 437 -010 - 36,59,63,65,68,71 $850,000 46.38 $14,015 192 $3,385 4.14 R -1 H 01111/10 386-050 -09, 387 -020-18 $1,100,000 92.90 $11,841 364 $3,022 3.92 R -1 1 04/27/10 437 -010-43 $1,100,000 78.87 $13,947 281 $3,915 3.56 R -1 J 03/W11 531 -010 -13 $565,000 57.96 $9,748 239 $2,364 4.12 R -1 K 03/25/11 .436-062-03,16,18, 29 30 $580000 147.00 $3,946, 371 $1,563 2.52 R -1 Aveme 1 63.67 15 372 238 *$4,1171 1 ,uumutatrve Average o``�AKF9s m C) O ORIGINAL STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION EXHIBIT SUMMARY STATEMENT RELATING TO PURCHASE OF S-EX-16 (REV 2/2007) REAL PROPERTY OR AN INTEREST THEREIN Page 1 of 2 (Form #) The California Department of Transportation is proposing to imorove the Hwy. 178 and Morning Dr. interchanae. Your property located at the northeast guadrant of Hwv. 178 and Morning Dr. is within the project area, and is also identified by your county assessor as Parcel No. 434 - 010 -16. 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 arc 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 documcnt(s) covering this transaction and owned by the grantor(s) herein or, if applicable, owned by you as a tenant, arc being conveyed unless other disposition of these improvements has been made. The interest acquired is Fee Simple. The property being purchased comprises a portion of a vacant parcel containing 10.101 ac. 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; o``gAKF9� r r U C ORIGINAL STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION SUMMARY STATEMENT RELATING TO PURCHASE OF REAL PROPERTY OR AN INTEREST THEREIN (Form #) EXHIBIT 8-EX -16 (REV 2/2007) Page 2 of 2 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 arc 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. ��,AKF9 o s� r U g ORIGINAL CITY OF BAKERSFIELD CERTIFICATE OF APPRAISER I Hereby Certify: That 1 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 $38,000 ; and that such conclusion was derived without collusion, coercion or direction as to value. Dated: 3 z i z 7 ichael C. B ger Ax'9s F- m r U p ORIGINAL B A K E R S F I E L D Dist -Co: Rte. 06 -KER- 178 -BKD EA 06- OCS408L Parcel No. 434010-06 Cal Trans File No. 86712 -1 April 17, 2012 KEN AND SYLVIA KOSS 6420 VIA DEL CERRITO RANCHO MURIETA, CA 85683 Morning Drive Interchange /State Route 178 Project APN 434 -010 -16 (Partial Acquisition) Offer of Just Compensation: $38,000 Dear Mr & Mrs. Koss, 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 2.824 acres), see attached parcel map. Pursuant to Section 7267.2 of the California Government Code, the City of Bakersfield offers $38,000 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 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 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 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 cwebbObakersfieldcity. us o� ,�, AKF9s f m U p ORIGINAL Offer to Purchase Letter Page 2 4/17/2012 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. Sincerely, Charles Webb Real Property Agent it Property Management Division (661) 326 -3479 phone (661) 852 -2195 fax Email: cwebb6 bakersfieldcity.us Enclosures: Appraisal Summary Statement Aoquisibon Map and Legal Description Cc: TONY & CAROL EVANS 14848 LAGO DRIVE RANCHO MURIETA, CA 95683 'Property Owner acknowledges receiving Offer to Purchase Letter. Date: Signature: (Please return extra copy of this letter signed in return envelope enclosed) o``�AKF9� 1 � r- m r v o ORIGINAL SCALE: I "= 300' S89 °59'26 "W 2669.63' N89 "54'51 "W 2659.82' i 2.5" 'P W /NAIL FO 2" BRASS CAP AND TAG. RCE 17564 -- IN CO ELL. MON N 114 C7PNER NE CORNER CORNFR SECTION 24 SECTION 24 I SECTION 24 MS.. R28E. T29S.. R28E. T29S.. R2FE. 1 C (2) N00 °25'47 "E 290.35' 4? 3 89 °47'27 "W 437,77(i (1) t ) 0 ( N I� N M ILn N CA 0 i cl =1'1 4 I S00 °25'30 "W (4) 276.96' PQB AREA TABLE ORIGINAL PARCEL (CROSS) 10.101 AC TAKE (G) 2.824 AC REMAINDER (G) 7.277 AC LEGEND RESTRICTED ACCESS PROJECT RIGHT OF WAY EXISTING EASEMENT SECTION BOUNDARY PARCEL SFCTION CORNFR AS DESCRIBED CALTRANS RW MONUMENT (T -BAR) Ii I I � t N %o N I ; rn I I )o 1 N I I F) "ASS t NOT FO ESTAB CAP MON BY GRANT BDRY CEN-FF, ME ,--10D SECTION 24 E 114 COR.u--R SECTIOP; �4 1.79S.. R?AE. T2 °.S.. R28E, S89.54'54 "w N89 °55'45 "E 2652.76' 433.90' NOTE: Beorinas crd distances based on SR 178 Cor +rot Survey by PSOMAS perrcrmed 10/10/11 to i0;'ib /11. All distances are grid distorcea. Divide distances by 0.99995386 to convert to ground distances. Racf_ssrpy RONALD F. RUETTCER a No. 15369 I * Exp. 3-31 -13 �rglF OI� F A portion of the NW qucrter of Sec. 24. T. 29 S.. R. 28 E.. M.D.B.M. 5ASj S _QF_ -ff FARING THE BEARING OF S89° 59' 51 "W -- AS THE NORTH LINE OF THE NORTHWEST OUAR'ER OF SECTION 24 R ETTGERS Fg�CH TLER MORNING DRIVE d SATE ROUTE 178 Right -of -Way AequiSitio- Map oanm, 31. I�J ti Cs 7E:0 _ 11 i owca. f. `J= A% K CIS =434 - -010 -16' -- ORIGINAL State Route 178 Interchange at Morning Drive 434 - 010 -16 THAT PORTION OF HIT: NORTI I VI'ST QUARTER OF SECTION 24, 01. TOWNSI III' 29 SOUTH. RANCY 28 EAST, MOUNT DIABLO NII',RIDIAN, IN THE: CITY OF BAKI:RSI:ll :(.D, COL I NIY OF KFRN, ST-VII, OF C'ALIFORNI,X. DESCRIBED AS FOLLOWS: C'OMNIFNCING AT Tl II: C ENCFR OF SAID SIIC 11ON 24; THEINC F NOR H 100 025'30" EAST, ON ANT) ALONG TI II? EAST LINT O SAID NOK "I'I IN 'F:S "I' QL?.ARTER., A DISTANCI: OF 174534 FI'i: "I'. "1'0 TI IF TRIT" POINT" OF BEGINNING: T IENCF (I) SOI',TI [ 89 °47 "7" `t%FST', A I)IST.INCI: OF 433.77 1'I :17T. 'I�O TI 11; R'I'S "C I,INF OF A PARCEL OF LAND SI ICS WN IN A RECORD OF ST'RVI'Y FILED JANUAK�' 24. 1978 IN BOOK 12 OF RECORD OF S17RV1.YS A "C PAGE 30, OF ICT. -AU, RECORDS: TT IFNCE (2) NOR "1'I 100'5'47" I?AS "I". A DISTANC'I' OF 290.35 FFFT_ TO A POINT' ON TTIF' Sol "I'll I.INF OF TI II' PAR('I:I, OF LAIN) (rRAN ED TO THE ST"V1 1 OF CALIFOR TA IN DFF.D RI CORDI7D DECI:MBEIR 30. 1968, IN BOOK 4229, PA01` 574, OFFICIAL RFC'ORDS; T111?N(T (3) SOUTH S,9°26'26" EAST, ON AND ALONG SAID SOUTH LINI='. A DISTANC'I' OF 433.80 FFI: "I'. TO A POINT ON SAID EAST LINE; T IENCE' (4) SOI ­I'll 00-25'30" V+'I:S "1, A DISTANCE. OF 276.96 FFET, ON AND ALONG SAID FAS "I LINi "1'0 'I'i I1: TRI -T POINT OF 13FGINN ING. AREA: 2.824 ACRES MORE. OR LFSS ALL DIS I- ANC'ES ART; GRIT) DIS'TANC'ES. DIVIDE' DISTANCES I1Y 0.99995386 TO CONIVER I TO GROUND DISTANCES. ®r irs * � Fxn. 3.31 -13 *, c sue.. ,_j 1 E5(f�J/ e.eee Pvuu7 1 of I o�c�AK�9 s � r v o ORIGINAL STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION APPRAISAL SUMMARY STATEMENT (Form #) CONFIDENTIAL This document contains personal infortnation and pursuant to Civil Code I79N.21. it shall he kept confidential in order to protect against unauthorized EXHIBIT 8- EX -15A (REV 0 /2010) 1 of 7 Dist. Co. Rte. P.M. Parcel No. Federal Aid Project No. Date 434-010-16 1 3/27/12 Owner: Tony & Carol Evans Rev Trust Property Address: Southside of Hwy. 178 locale: Bakersfield, CA Total Property Area: 10.101 ac. STATUTORY BASIS OF VALUATION 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 V 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: 2.824 ac. Highest and best use: Hold until there is demand for residential development. Current use: Vacant tP F' r U C:7 ORIGINAL EXHIBIT APPRAISAL SUMMARY STATEMENT (Cont.) 8- EX -15A (REV 6/2010) (Form #) Page 2 of 7 Sub-parcel Area Total Area = 2.824 ac. 1 t ;. I 61 isllil Item Size None Lump Sum ' rotal = $ Q�e�AKF�� f m o ORIGINAL EXHIBIT APPRAISAL SUMMARY STATEMENT (Cont.) 8- Ex -15A (REV 6/2010) (Form #) Page 3 of 7 Value of the Entire Property $ $101,010 Value of the property being acquired including the following improvements. Land: $ 28,240 Imps $ $ 28,240 Value of the remainder as part of the whole before the State's acquisition $ $72,770 Value of the remainder as a separate parcel (cured) $ $72,770 Severance Damages (see page 4): Cost to Cure Damages: Incurable Damages: Total Damages: Benefits (see page 4): Net Damages: 0 $ $10,000 $ NIA $ 38,240 $ N/A $ 38,240 The amount of any other compensation: $ N/A JUST COMPENSATION FOR ACQUISITION $ 38,240 Rounded To $ 38,000 Construction Contract Work N/A P, K, 9q 1- m v O ORIGINAL EXHIBIT APPRAISAL SUMMARY STATEMENT (Cont.) 8- EX -15A (RF.V 612010) (Form #) Pagc 4 of 7 SEVERMCE DAMAGES Item Redesign, remapping fees Lump Sum Total AD907MIGTO (Narrative Explanation & calculations, if applicable) Lump Sum Total (Narrative Explanation, & calculations, if applicable) Lump Sum Total NET DAMAGES (Total Damages less Benefits) size $ 10,000 $ 10,000 v o ORIGINAL APPRAISAL SUMMARY STATEMENT (Cont.) EX14IBIT 8- EX -15A (REV 612007) (Form #) Pagc 5 of 7 NIA 2. 3. 4. 5. 6. 7. 8. 9. 10. 04 � AKF9� F- m v o ORIGrNAL EXHIBIT APPRAISAL SUMMARY STATEMENT (Cont.) 8- EX -15A (REV 6/2010) (Fonn a) Page 6 of 7 THE FOLLOWING IMRMAMN IS BASED ON THE ENTIRE SUBJECT PAM & 1. The Sales Comparison approach is based on the consideration of comparable land and improved sales. Indicated value by Sales Comparison Approach 28,240 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 $ Depreciation from all causes $ Value of Improvements in Place $ 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 N/A % Sales range from $3,946 to $38,423 /acre. All are larger parcels requiring upward adjustments. Typically, as size decreases, price /acre increases. Adjustments were made for status of improvements. Sales were adjusted as described within the comments for each sale above. All but Sale K include paved roadway access, requiring overall downward adjustments. Therefore, value of the subject site is estimated at $10,000 /ac., or $3,608 /lot. Further, as discussed, costs to cure are estimated at $10,000. Therefore, total just compensation is summarized as follows: 2.824 ac. @ $10,000 /ac. = $28,240 Cost To Cure /Map Fees $10,000 Total $38,240 Round To $38,000 o`` 0 AKF9� U p ORIGINAL EXHIBil APPRAISAL SUMMARY STATEMENT (Cont.) 8- Ex -15A (REV 612010) (Fomi H) Page 7 of 7 SUMMARY OF RECORDED DATA Date Instrument Cash Equiv. Size Price/ Sale Recorded Book/Page Grantor Grantee Location A 12/31/07 07- 253770 Casa Azul Land KRP Panama, LLC Panama Ln., west of Stine Rd. (SW) B 04/10108 08 -055518 Bakersfield Innovations Mesa Marin, LLC Kern Canyon Rd. (NE) C 06/26108 08- 101506 Ennis Homes, Inc. VIC -NIC VI, LLC SEC Berkshire/Stine (SW) B 04/03/08 533-012 -36 $900,000 40.24 NEC Panama/Old River (SW) D 06/18/08 08- 097087 KB Home Sacramento, Inc. 85 Harvest Moon, LLC SWO Hwy. 178/Alfred Harrell (NE) E 07/07/08 08- 106358 Bakersfield Panorama, LP BHT - Bakersfield MH, LLC NWC McCutchen/Progress (SW) F 04/13109 09 -051818 DOA Properties V, LLC Stine Road Properties, LLC SWC Berkshire/Stine (SW) G 06110/09 09- 083908 Comerics Bank Hai & Won Chen Panorama Dr., west of Morning Dr. (NE) H 01/20110 10- 007558 Westamerica Bank Haroon & Sophia Hanaseb Hwy. 178, east of Miramonte Dr. (NE) 1 04/30110 10- 066309 ; Wachovia Bank Vander Weerd Investments SWC Paiadino Dr., Morning Dr. (NE) 1 03/17111 11 -034578 River City Bank Kern Resources, LLC E. of Morning Dr., N. or Hwy. 178 (NE) K 03/30/11 11- 041772 PremierWest Bank Page Ranch, LLC W. of Morning Dr. N. of Paladin Dr. NE Prices and physical characteristics are further detailed as follows: SUMMARY OF PHYSICAL CHARACTERISTICS Cash Equiv. Size Price/ Priest Lots/ Sale Deed Date Assessor's Parcel Number Sales Price Acre Acre Lots Lot Acre Zoning A 12/26/07 538-010 -05 $2,000,000 56.84 $35,186 230 $8,696 4.05 R -1 B 04/03/08 533-012 -36 $900,000 40.24 $22,366 172 $5,233 4.27 R -1 C 06/11/08 515 - 040 -01, 497 -010 -05 $1,457,500 57.84 $25,199 236 $6,176 4.08 R -1 D 06/13/08 387- 160 -33 $765,000 19.91 $38,423 85 $9,000 4.27 R -1 E 07/01/08 540-010-20,21, 22,24 $548,000 30.00 $18,267 137 $4,000 4.57 R -1 F 04/07/09 538-020 -05 $1,100,000 72.41 $15,191 308 $3,571 4.25 R -1 G 06/04109 437 -010 - 36,59,63,65,68,71 $650,000 46.38 $14,015 192 $3,385 4.14 R -1 H 01/11110 386-050-09,387-020-18 $1,100,000 92.90 $11,841 364 $3,022 3.92 R -1 1 0427/10 437 -010-43 $1,100,000 78.87 $13,947 281 $3,915 3.56 R -1 J 03/09/11 531- 010 -13 $565,000 57.96 $9,748 239 $2,364 4.12 R -1 K 03/25111 436 - 062 -03, 16, 18, 29 30 $580,000, 147.001 $3,946 371 $1,563 2.52 R -1 Average 1 63.67 '$15,372 238 '$4,117 'Cumulative Average -- P, K, 9q m r v o ORIGINAL STATE OF CALIFORNIA . DEPARTMENT OF TRANSPORTATION EXHIBIT SUMMARY STATEMENT RELATING TO PURCHASE OF 8 -EX -16 (REV 2/2017) REAL PROPERTY OR AN INTEREST THEREIN Page 1 of 2 (Form #) The California Department of Transportation is proposing to improve the Hwy. 178 and Morning Dr. interchanue. Your property located at the northeast quadrant of llwy. 178 and Morning Dr. is within the project area, and is also identified by your county assessor as Parcel No. 434 - 010 -16. 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/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 a portion of a vacant parcel containing 10.101 ac. 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; (§ e A /(z, m U r- ORIGINAL STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION EXHIBIT SUMMARY STATEMENT RELATING TO PURCHASE OF 8-EX-16 (REV 212(X)7) 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 roqucsts 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. AKF9�' �_ rn r U O ORIGINAL CITY OF BAKFRSFIELD CERTIFICATE OF APPRAISER I Hereby Certify: That 1 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 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 $38,000 ; and that such conclusion was derived without collusion, coercion or direction as to value. Dated: - r L �hael C. B ger - r d ORIGINAL