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