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HomeMy WebLinkAboutRES NO 042-12RESOLUTION NO. 0 4 2 - 1. 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's: 533 - 011 -18 thru 28 in Bakersfield, California, and more particularly described in Exhibit "1," attached hereto and incorporated herein by reference (the "Property "), be acquired for the Project; and WHEREAS, notice of the hearing for this Resolution of Necessity was mailed to all record owners of the Property. At that hearing, all record owners had the opportunity to appear and be heard on the matters referred to in California Civil Procedure section 1240.030 in compliance with California Code of Civil Procedure section 1245.235, and, on the date and at the time and place fixed for hearing, this City Council heard and considered all of the evidence presented. NOW THEREFORE, be it resolved by the City Council of the City of Bakersfield, based on applicable law and the whole record concerning this matter, including, but not limited to, the accompanying staff report, which is hereby made a part of this Resolution, as follows: The City of Bakersfield hereby finds, determines, and declares the following: (a) The public interest and necessity require the proposed Project; (b) The proposed Project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; SACOUNCIL\Resos\ 11- 12 \RON.S &JAlfalfa- S.docx -- Page 1 of 3 Pages -- o``gAKF9� y U p 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 $88,700.00, 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. I 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 2ot2 , by the following vote: VAY COUNCILMEMBER SALABEHAM, WEIR, COUCH, HANSON, SULLIVAN IAN, J0FfNSON NOES: COUNCILMEMBER /)M ABSTAIN: COUNCILMEMBER ✓IDlYISZ ABSENT: COUNCILMEMBER 11M APPROVED IFITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED AS TO FORM: - VIRGINIA GENNARO, City Attorney By '�/rz� �- RICHARD IGER Associate City Attorney o��AK�9s T S:\ COUNCIL\ Resos \11- 12 \RON.SBJAIfalfa- S.docx > m ~- r -- Page 2 of 3 Pages -- o ORIGINAL. CERTIFICATE OF CITY CLERK I, ROBERTA GAFFORD, Clerk of the City of Bakersfield, certify the foregoing is the full and true Resolution No. 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.SBJAIfalfa- S.docx ROBERTA GAFFORD -- Page 3 of 3 Pages -- v Q ORIGINAL State Route 178 Interchange at Morning Drive 533 - 011 -18 through 28 PARCEL A THAT PORTION OF SECTION 19, OF TOWNSHIP 29 SOUTH, RANGE 29 EAST, MOUNT DIABLO MERIDIAN, COUNTY OF KERN, STATE, OF CALIFORNIA, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORT14WFST CORNER OF SAID SECTION 19; THENCE SOUTH 00 034'44" WEST, ON AND ALONG THE WEST LINE OF THE NORTHWEST' QUARTER OF SAID SECTION 19, A DISTANCE OF 957.14 FEET, TO A POINT ON THE SOUTH LINE OF THE PARCEL OF LAND GRANTED TO THE STATE OF CALIFORNIA IN DEED RECORDED MARCH 19, 1970, IN BOOK 4379, PAGE 722, OFFICIAL RECORDS, SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING; THENCE (1) SOUTH 83 °35'43" EAST, ON AND ALONG SAID SOUTH LINE, A DISTANCE OF 80.40 FEET; THENCE (2) NORTH 09 °31'20" EAST, ON AND ALONG SAID SOUTH LINE,, A DISTANCE OF 96.62 FEET; TiIENCE (3) NORTH 65 °04'38" EAST, ON AND ALONG SAID SOUTH LINE, A DISTANCE OF 250.18 FEET; THENCE (4) NORTH 74 °00'16" EAST, ON AND ALONG SAID SOUTH LINE, A DISTANCE OF 557.93 FEET; THENCE (5) NORTH 88 °29'43" EAST, ON AND ALONG SAID SOUTH LINE,, A DISTANCE OF 890.05 FEET; THENCE (6) NORTH 89 °47'27" EAST, ON AND ALONG SAID SOUTH LINE, A DISTANCE OF 933.00 FEET, TO A POINT ON TI iE EAST LINE OF SAID NORTHWEST QUARTER; THENCE, (7) SOUTH 87 °05'31" WEST, A DISTANCE OF 366.04 FEET; THENCE (8) SOUTH 89 °46'11" WEST, A DISTANCE. OF 916.82 FEET; THENCE (9) SOUTH 72 °33'14" WEST, A DISTANCE OF 246.17 FEET; THENCE (10) SOUTH 75 °37'40" WEST, A DISTANCE OF 484.04 FEET; THENCE (11) SOUTH 30 °26'30" WEST, A DISTANCE OF 352.09 FEET; THENCE (12) SOUTH 45 °19'52" WEST, A DISTANCE OF 260.11 FEET; THENCE. (13) SOUTH 24 °52'35" WEST, A DISTANCE OF 242.47 FEET; Page 1 of 3 o``gAKF�� �= r U C ORIGINAL THENCE, (14) SOUTH 16 °52'09" WEST, A DISTANCE OF 246.96 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE TO THE EAST, HAVING A RADIUS OF 1910.00 FEET; THENCE (15) SOUTHERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 16017'19", AN ARC DISTANCE OF 542.99 FEET; THENCE (16) SOUTH 00 °34'50" WEST, A DISTANCE. OF 394.56 FEET, TO A POINT ON THE SOUTH LINE OF PARCEL 15 OF PARCEL, MAP 11322; THENCE (17) SOUTH 89 °55'57" WEST, ON AND ALONG LAST SAID SOUTH LINE, A DISTANCE OF 89.92 FEET, TO A POINT ON THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 19; THENCE (18) NORT1100 °34'57" EAST, ON AND ALONG LAST SAID WEST LINE, A DISTANCE OF 25.14 FEET, TO THE NORTHWEST CORNER OF SAID SOUTHWEST QUARTER; THENCE (19) NORTH 00 °34'44" EAST, ON AND ALONG THE WEST LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 1691.16 FEET, TO THE TRUE POINT OD BEGINNING; AREA: 13.099ACRF,S MORE OR LESS. ALL DISTANCES ARE GRID DISTANCES. DIVIDE DISTANCES BY 0.99995386 TO CONVERT TO GROUND DISTANCES. THIS CONVEYANCE IS MADE FOR THE PURPOSE, OF A FREEWAY AND THE GRAN'T'OR HEREBY RELEASES AND RELINQUISHES TO THE GRANTEE ANY AND ALL ABUTTER'S RIGHTS INCLUDING ACCESS RIGHTS, APPURTENANT TO GRANTOR'S REMAINING PROPERTY, IN AND TO SAID FREEWAY, OVER AND ACROSS COURSES (7) THROUGH (13), DESCRIBED HEREINABOVF,. PARCEL B THAT PORTION OF THE NORTH HALF OF SECTION 19, OF TOWNSHIP 29 SOUTH, RANGE 29 EAST, MOUNT DIABLO MERIDIAN, COUNTY OF KERN, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 19; THENCE SOUTH 00 022'37" WEST, ON AND ALONG THE EAST LINE OF SAID SECTION 19, A DISTANCE OF 531.94 FEET, TO A POINT ON THE SOUTH LINE. OF THE PARCEL OF LAND GRANTED TO THE STATE OF CALIFORNIA IN DEED RECORDED MARCH 19, 1970, IN BOOK 4379, PAGE 722, OFFICIAL RECORDS, SAID POINT ALSO BEING THE TRUF, POINT OF BEGINNING; THENCE (1) SOUTH 00 °22'37" WEST, ON AND ALONG SAID EAST LINE, A DISTANCE OF 44.32 FEET; THENCE? (2) NORTH 87 °43'42" WEST, A DISTANCE OF 746.78 FEET, TO A POINT ON SAID SOUTH LINE; Page 2 of 3 s a' r t� C ORIGINAL THENCE (3) NORTH 89 °47'27" EAST, ON AND ALONG SAID SOUTH LINE, A DIS'T'ANCE OF 396.14 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE TO THE NORTH, HAVING A RADIUS OF 5124.76 FEET; THENCE, (4) EASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 03-5S'14", AN ARC DISTANCE OF 350.66 FEET; AREA: 0.309 ACRES, MORE OR LESS ALL DISTANCES ARE GRID DISTANCES. DIVIDE DISTANCES BY 0.99995386 TO CONVERT TO GROUND DISTANCES. THIS CONVEYANCE IS MADE FOR THE PURPOSE OF A FREEWAY AND THE GRANTOR HEREBY RELEASES AND RELINQUISHES TO THE GRANTEE ANY AND ALL ABUTT'ER'S RIGHTS INCLUDING ACCESS RIGHTS, APPURTENANT TO GRANTOR'S REMAINING PROPERTY, IN AND TO SAID FREEWAY. R OWN% _ No. C15369 w s'�"'� Exp. 3 -31 -13 �sr _ CIV11, AKF Page 3 of 3 O r U C ORIGINAL April 17, 2012 S & J ALFALFA INC. Atten: BOOKKEEPING AND TAX SERVCE 16 HALSEY AVENUE PETALUMA CA 94592 Morning Drive Interchange/State Route 178 Project APN 533- 011 -18 thru 28 (Partial Acquisition) Offer of Just Compensation: $88,700 Dear S & J Alfalfa or owner representative, Dist- Co.-Rte. 08 -KER- 178 -BKD EA 08- OC9408L Parcel No. 533- 011 -18 thru 28 Cal Two File No. 88720 -1 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 13.41 acres), see attached parcel maps. Pursuant to Section 7267.2 of the California Government Code, the City of Bakersfield offers $88,700 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 (661) 326 -3479 - Fax (661) 852 -2195 o�gAK�c9� cwt,bb J hakerSFiFiCICity u> EXHIBIT a bZ a ORIGINAL • B A K E R S F I E L D April 17, 2012 S & J ALFALFA INC. Atten: BOOKKEEPING AND TAX SERVCE 16 HALSEY AVENUE PETALUMA CA 94592 Morning Drive Interchange/State Route 178 Project APN 533- 011 -18 thru 28 (Partial Acquisition) Offer of Just Compensation: $88,700 Dear S & J Alfalfa or owner representative, Dist- Co.-Rte. 08 -KER- 178 -BKD EA 08- OC9408L Parcel No. 533- 011 -18 thru 28 Cal Two File No. 88720 -1 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 13.41 acres), see attached parcel maps. Pursuant to Section 7267.2 of the California Government Code, the City of Bakersfield offers $88,700 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 (661) 326 -3479 - Fax (661) 852 -2195 o�gAK�c9� cwt,bb J hakerSFiFiCICity u> EXHIBIT a bZ a 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. Lim 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 Property Owner or owner representative acknowledges receiving Offer to Purchase Letter and enclosures. Date: Signature: (Please return extra copy of this letter signed in return envelope enclosed) Offer to Purchase Ltr - S & J south parcels ca�R, AK69(PI � r U 6 ORIGINAL -iU J y= ib9�z ,b6 1£S ,£9 Zb9'Z 3;,t£;ZZAON ' "3 „Btr'ZZ.00N d m • r � F 0D2!yl .. O O Q20;W I 0 2 2 CO i u La Z V1U— ii Q ° r.� I Q�oww z N I W Uczm V12z2 Z H J u. 4y cc y ,ZyUjy O I yM QVO lAWM t3' --aV x yN 1 NT t, x. N NCp o I M N 1 040 0; N O � W M O y I CO O a to r75 N m I D I w \C -0 p - fn y n 90 / I L M I 5� W mtfl O ny W C” z i' I .b6'bb9•Z 1 ma+ J - , .91'Sb9ZY M .ZS1S£.00 $/ 3 „ZS,S£.00N �o wM s .- ti 0 t wz \ O- • WNO� L O) U 20 `. til W + U N M- � a. � �.� O r Z N W 1 QQ.-� l.. J r5 C] I 2ZN J�ZN I O0 LAU in i U�ZNR 1C c f11. t_1 n.: UJO2 .-OC U+ QW to LA j VIZ— t �n c a ^: > zF- - a F- m I t �. �, f wu Qou _ �� LL y m�WVI� J LL_M W :.^•C UW� w W%A I 201 310 ° 1 2yp.I O •1. -+JC v vc:, 7 3' -:.aQ _ yN O yN V) 10 00] x O NH L� QW N 4.Jz ll `J CO A, I�1tC '', t.rG C: LOWW m° 00 N MQ w ` •cuz I O 01 z ° O f 1 O¢ Y CJ r, I t.• l-22 Vt w yr- : I ', (141fo.: ti rC._ wac01 �1 GU �rn Q ) T\ I ! t` ti to N O +N 03 N ~7.- 2v m+ Q l.: •- _ C•- zm J rte; r •F> ri `i.- �,._;: , V' NI OL cot Q y m N„ c< J _t CL r. ;' I Z: a Q ao c U y02 I /;' } ^, r `� �� t. N c _ I m3o U OZ I 00 .1 2WV1 ' 7 Q ��`` � J .- '� r I'�;y} =L1.GS_:'K3AWa) .nD CDZOf q �).. ^, J J '- ylF- 1Anr -�• V1NI Ncl i� -w °za ER 030+ n.., ^ JN ,. �•. o J.I t. rw vzvf l �G \N �I i J zzVf 4, CZ, uI GVf� O �' rf bp L L 96 .ZL'Lb9•Z o o c - ,6Z1909•Z M „6b,6£. OS 3 „LS,b£.00N o if z° W 3!"1031 I a n1 r.. 0 w W 2 Vl m � o ail yul�lAK y I— m ORIGINAL a La LINE TABLE L# BEARING DELTA DISTANCE 71 S83-35'43" 1910.00' E 80.40 L2 N09.31 20 E 96. L3 N6 4 38 E 250.18' L4 N74.00 1 277.918 AC REMAINDER (N)* 262.956 AC L6 N8 •47 2 E L7 887.05 31 W 4 L8 889.46 11 W 916.82 L9 S72.33 14 w - -M-77r-L10 7 40 W 4 L11 S30.26 30 w 2. 9 L12 S4 '1 5 W L1 S24'52�35-W 242.47- L 17 71-6--""� L15 500.34 50 w 39 . L L17 N0094 56 E 25.14 L18 NOO'34 44 E 1 .16 L19 SOO'22 37 W 44.32 L2 N8 '4 21 N89.47'27 E 396.14 DETAIL "A" E LINE NW 1/4 SEC 19 -- - - - - -- - - -- 1 i 1 I I ' I WEST LINE PARCEL 17 P.M. 11322 CURVE TABLE LEGEND RESTRICTED ACCESS PROJECT RIGHT OF WAY EXISTING ROADWAY EASEMENT SECTION BOUNDARY PARCEL EXISTING UTILITY EASEMENT MONUMENT CALTRANS RS MONUMENT (T -BAR) Rst RADIUS DELTA TANGENT L NGTH C1 1910.00' 16'17'19" 273.34 542.99 C2 5124.76' 03.55'14 175.40 350.67 i%p1-111 ALO F. RUETTGE NO. 15369 Exc.3 -3+ -13 OX CALF • AREA TABLE ORIGINAL PARCEL (GROSS) 291.326 AC ORIGINAL PARCEL (NET)* 271.361 AC TAKE A (G) 13.099 AC TAKE A (N)* 8.160 AC TAKE B (G) 0.309 AC TAKE B (N)* 0.245 AC REMAINDER (G) 277.918 AC REMAINDER (N)* 262.956 AC * LESS ROADWAY EASEMENTS NOTE: ORIGINAL PARCEL ASSUMED AS AREA NORTH OF THE CENTERLINE OF HIGHLAND KNOLLS DRIVE. 4- KF 0 9� -2 m r v o ORIGINAL State Route 178 Interchange at Morning Drive 533- 011 -18 through 28 PARCEL A THAT PORTION OF SECTION 19, OF TOWNSHIP 29 SOUTH, RANGE 29 EAST, MOUNT DIABLO MERIDIAN, COUNTY OF KERN, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: COMMENCING A'1' THE NORTHWEST CORNER OF SAID SECTION 19; THENCE SOUTH 00 034'44" WEST, ON AND ALONG THE WEST LINE OF THE NORTHWEST' QUARTER OF SAID SECTION 19, A DISTANCE OF 957.14 FEET, TO A POINT ON THE SOUTH LINE OF THE PARCEL OF LAND GRANTED TO THE STATE OF CALIFORNIA IN DEED RECORDED MARCH 19, 1970, IN BOOK 4379, PAGE 722, OFFICIAL RECORDS, SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING; THENCE (1) SOU'T'H 83 035'43" EAST, ON AND ALONG SAID SOUTH LINE, A DISTANCE OF 80.40 FEET; THENCE (2) NORTH 09 °31'20" EAST, ON AND ALONG SAID SOUTH LINE, A DISTANCE OF 96.62 FEET; T TENCE (3) NORTH 65 °04'38" EAST, ON AND ALONG SAID SOUTH LINE, A DISTANCE OF 250.18 FEET; THENCE (4) NORTH 74 000'16" EAST, ON AND ALONG SAID SOUTH LINE, A DISTANCE OF 557.93 FEET; THENCE (5) NORTH 88 °29'43" EAST, ON AND ALONG SAID SOUTH LINE, A DISTANCE OF 890.05 FEET; THENCE (6) NORTH 89 °47'27" EAST, ON AND ALONG SAID SOUTH LINE, A DISTANCE OF 933.00 FEET, TO A POINT ON TIIE EAST LINE. OF SAID NORTHWEST QUARTER; THENCE (7) SOUTH 87 °05'31" WEST, A DISTANCE OF 366.04 FEET; THENCE (8) SOUTH 89 °46'11" WEST, A DISTANCE; OF 916.82 FEET; THENCE (9) SOUTH 72 °33'14" WEST, A DISTANCE OF 246.17 FEET; THENCE (10) SOUTH 75 °3740" WEST, A DISTANCE OF 484.04 FEET; THENCE. (11) SOUTH 30 °26'30" WEST, A DISTANCE OF 352.09 FEET; THENCE (12) SOUTH 45 °19'52" WEST, A DISTANCE OF 260.11 FEET; THENCE (13) SOUTH 24 °52'35" WEST, A DISTANCE OF 242.47 FEET; Page 1 of 3 o`` g AKF'9s ORIGINAL THENCE, (14) SOUTH 16 °52'09" WEST, A DISTANCE; OF 246.96 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE TO THE EAST, HAVING A RADIUS OF 1910.00 FEET; THENCE (15) SOUTHERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 16-17'19", AN ARC DISTANCE OF 542.99 FEET; THENCE (16) SOU'T'H 00 °34'50" WEST, A DISTANCE, OF 394.56 FEET, TO A POINT ON THE SOUTH LINE OF PARCEL 15 OF PARCEL MAP 11322; THENCE (17) SOUTH 89 °55'57" WEST, ON AND ALONG LAST SAID SOUTH LINE, A DISTANCE OF 89.92 FEET, TO A POINT ON THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 19; THENCE (18) NORT1100 °34'57" EAST, ON AND ALONG LAST SAID WEST LINE, A DISTANCE OF 25.14 FEET, TO THE NORTHWEST CORNER OF SAID SOUTHWEST QUARTER; THENCE (19) NORTH 00 °34'44" EAST, ON AND ALONG THE WEST LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 1691.16 FEET, TO THE TRUE POINT OD BEGINNING; AREA: 13.099ACRES MORE OR LESS. ALL DISTANCES ARE GRID DISTANCES. DIVIDE DISTANCES BY 0.99995386 TO CONVERT TO GROUND DISTANCES. THIS CONVEYANCE IS MADE FOR THE PURPOSE OF A FREEWAY AND THE GRANTOR HEREBY RELEASES AND RELINQUISHES TO THE GRANTEE ANY AND ALL ABUTTER'S RIGHTS INCLUDING ACCESS RIGHTS, APPURTENANT TO GRANTOR'S REMAINING PROPERTY, IN AND TO SAID FREEWAY, OVER AND ACROSS COURSES (7) THROUGH (13), DESCRIBED HEREINABOVE. PARCEL B THAT PORTION OF THE NORTH HALF OF SECTION 19, OF TOWNSHIP 29 SOUTH, RANGE 29 EAST, MOUNT DIABLO MERIDIAN, COUNTY OF KERN, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 19; THENCE SOUTH 00 022'37" WEST, ON AND ALONG THE EAST LINE OF SAID SECTION 19, A DISTANCE OF 531.94 FEET, TO A POINT ON THE SOUTH LINE OF THE PARCEL, OF LAND GRANTED TO THE STATE OF CALIFORNIA IN DEED RECORDED MARCH 19, 1970, IN BOOK 4379, PAGE 722, OFFICIAL RECORDS, SAID POINT ALSO BEING THE TRUE, POINT OF BEGINNING; THENCE (1) SOUTH 00 °22'37" WEST, ON AND ALONG SAID EAST LINE, A DISTANCE OF 44.32 FEET; THENCE (2) NORTH 87 °43'42" WEST, A DISTANCE OF 746.78 FEET, TO A POINT ON SAID SOUTH LINE; Page 2 of 3 o��AK�9 sp, v o ORIGINAL. 'THENCE (3) NORTH 89 °47'27" EAST, ON AND ALONG SAID SOUTH LINE, A DISTANCE OF 396.14 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE TO THE NORTII, HAVING A RADIUS OF 5124.76 FEET; THENCE, (4) EASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 03055'14", AN ARC DISTANCE OF 350.66 FEET; AREA: 0.309 ACRES, MORE OR LESS ALI, DISTANCES ARE GRID DISTANCES. DIVIDE DISTANCES BY 0.99995386 TO CONVERT TO GROUND DISTANCES. THIS CONVEYANCE IS MADE FOR THE PURPOSE OF A FREEWAY AND THE GRANTOR HEREBY RELEASES AND RELINQUISHES TO THE GRANTEE ANY AND ALL ABUT"I'ER'S RIGHTS INCLUDING ACCESS RIGHTS, APPURTENANT TO GRANTOR'S REMAINING PROPERTY, IN AND TO SAID FREEWAY. E _ c No. C15369 Exp. 3-31-13 Page 3 of 3 o``gAKF9� y ORIGINAL. STATE OF CALIFORNIA • 1)EPARI'MEN'I' OF'1'RANSPOR'I'AI'ION APPRAISAL. SUMMARY STATEMENT (Form #) CONFIDENTIA EXHIBIT This document contains personal information and pursuant to Civil Code 1798,21, it shall he kept 8-F.X -15A (RLN 6 /2010) confidential in order to protect against utmuthuri/.ctl disclosure. Page I of 7 Dist. Co. Rte. P.M. Parcel No. Federal Aid Project N Date 533-011-18 thru 28 o. 3/27/12 Owner: S&J Alfalfa Property Address: SWQ Future Morning Dr. & Hwy. 178 Locale: Bakersfield, CA Total Property Area: 289.75 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 1.263.321 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 C0 of Section 824 of Evidence Code. The market value for the property to be acquired by the State is based upon Code of Civil Procedure Section 1263.20 as defined above. Interest valued: Fee Simple Date of inspection: October 7, 2011 Original ® Updated ❑ Date of valuation: September 5, 2007 Original ® Updated ❑ Applicable zoning: R-1, PUD: One Family Dwelling, Planned Unit Development Area to be acquired: 13.41 ac. Highest and best use: Hold until there is demand for residential development. Current use: Vacant o`` g A KF9� T rr ORIGINAL EXHIBIT APPRAISAL SUMMARY STATEMENT (Cont.) 8- EX -15A (REV 6/2010) (Form #) Page 2 of 7 Sub-parcel Item None Lump Sum Total = $ Area Total Area = 13.41 ac. 11,1 i 161,j ,,___zY__ '.I4 v :11 Size �k��KF9 � T U r ORIGINAL EXHIBIT APPRAISAL SUMMARY STATEMENT (Cont.) 8- FX -15A (KIN 6/2010) (Firm a) Page 3 of 7 Value of the Entire Property $ (see page 6) Value of the property being acquired including the following improvements: Land: $ 88,686 Imps $ Value of the remainder as part of the whole before the State's acquisition $ Value of the remainder as a separate parcel (cured) $ Severance Damages (see page 4): N/A Cost to Cure Damages= $ N/A Incurable Damages: $ N/A Total Damages: $ N/A Benefits (see page 4): $ N/A Net Damages $ N/A The amount of any other compensation: $ N/A JUST COMPENSATION FOR ACQUISITION $ 88,686 Rounded To $ 88,700 Construction Contract Work $ N/A EXHIBIT APPRAISAL SUMMARY STATEMENT (Cont.) 8- 1:X -15A (REV 6/2010) (Form #) Page 4 of 7 ?lji_s_ Xj_. Item N/A Lump Sum Total INCURABLE DAMAGES (Narrative Explanation & calculations, if applicable) Lump Sum Total (Narrative Explanation, & calculations, if applicable) Lump Sum Total NET DAMAGES (Total Damages less Benefits) Size o`` g AKF9� v o ORIGINAL EXHIBIT APPRAISAL SUMMARY STATEMENT (Cont.) 8- GX -15A (REV 6/2007) (Form #) Page 5 of 7 N/A 2. 3. 4, 5. 10. �— m r O ORIGINAL. EXHIBIT APPRAISAL SUMMARY STATEMENT (Cont.) 8- EX -15A (REV 6/2010) (Form #) Page 6 of 7 1. The Sales Comparison approach is based on the consideration of comparable land and improved sales. Indicated value by Sales Comparison Approach $ 88,700 (rounded) See attached sheet for principal transactions. 2. The cost approach is based in part on a replacement cost new of improvements less depreciation. Cost information was obtained from cost service publications and/or knowledgeable vendors. Total Replacement Cost New $ 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 $11,841 to $38,423 /acre. All are smaller parcels requiring downward adjustments. Typically, as size increases, price /acre decreases. Adjustments were made for status of improvements. Sales A, D, F, and G were adjusted as described within the comments for each sale above. All sales include paved roadway access, requiring overall downward adjustments. Therefore, in consideration of the size, status of development and roadway access, value of the subject site is estimated at $10,000 /ac. As discussed, a portion of the take area is located within an existing roadway casement and is assigned 10% utility. Total just compensation is summarized as follows: Unencumbered Portion 8.364 ac. @ $10,000 /ac. = $83,640 Encumbered Portion 5.046 ac. @ $10,000 /ac. x 10% = $5,046 Total $88,686 Round To $88,700 o� A KF9� s ~ r U O ORIGINAL EXH1B1'1' APPRAISAL SUMMARY STATEMENT (Cont.) 8- EX -ISA (REV 612010) (Forn, 11) Page 7 of 7 SUMMARY OF RECORDED DATA Date Instrument Cash Equiv. Size PrIW Sate 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 04/10/08 08-055518 Bakersfield Innovations Mesa Marin, LLC Kem Canyon Rd. (NE) C 0612601 08- 101506 Ennis Homes, Inc. VIC -NIC VI, LLC SEC Serkshlre/Stine (SW) B 04/03108 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 07/07108 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 06110/09 09- 083908 Comerica Bank Hai & Won Chen Panorama Dr., west of Morning Dr. (NE) H 01/20/10 10- 007558 Westamerica Bank Heroon & Sophia Hanaseb Hwy. 178, east of Miramonte Dr. (NE) 1 04/30/10 10-056309 Wachovia Bank Vander Weerd Investments SWC Paladin Dr., Morning Dr. (NE) 1 03/17/11 11 -034578 River City Bank Kam Resources, LLC E. of Morning Dr., N. or Hwy. 178 (NE) K 1 03/30/11 11- 041772 PremierWest Bank Page Ranch, LLC W. of Morning Dr., N. of Palladino Dr. NE Prices and physical characteristics are further detailed as follows: SUMMARY OF PHYSICAL CHARACTERISTICS Cash Equiv. Size PrIW Price/ Lots/ Sale Dead Date Assessor's Parcel Number Sales Price Acre Acre Loh Lot Acre Zoning A 12126/07 538 -010 -05 $2,000,000 56.84 $35,186 230 $8,696 4.05 R -1 B 04/03108 533 -012 -36 $900,000 40.24 $22,366 172 $5233 4.27 R -1 C 06111/08 515 - 040 -01, 497 -010 -05 $1,457,500 57.84 $25,199 236 $6,176 4.08 R -1 0 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 04107/09 538 -020 -05 $1,100,000 72.41 $15,191 308 $3,571 4.25 R -1 G 06104/09 437 -010-36 ,59,63,65,68,71 $650,000 46.38 $14,015 192 $3,385 4.14 R -1 H 01/11/10 386- 050 -09, 387- 020-18 $1,100,000 92.90 $11,841 364 $3,022 3.92 R -1 1 04127/10 437 - 010-43 $1,100,000 78.87 $13,947 281 $3,915 3.56 R -1 1 03/09/11 531 -010 -13 $565,000 57.96 $9,748 239 $2,364 4.12 R -1 K 03125/11 436 - 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 gAKF 9 o s� �-- m o ORIGINAL STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION EXHIBIT SUMMARY STATEMENT RELATING TO PURCHASE OF 8 -EX -16 (REV 212007) REAL PROPERTY OR AN INTEREST THEREIN Page 1 of 2 (Form #) The California Department of Transportation is proposing to improve the Hwy_ 178 and Morning Dr. interchange. Your property located at the southeast quadrant of Hwy_ 178 and Morning Dr. is within the project area, and is also identified by your county assessor as Parcel No. 533 -011 -18 duu 28. Title III of the Uniform Relocation Assistance and Real Property Acquisition Politics 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/arc contiguous to the land being conveyed. 3. All buildings, structures and other improvements affixed to the land described in the referenced document(s) covering this transaction and owned by the grantor(s) herein or, if applicable, owned by you as a tenant, are being conveyed unless other disposition of these improvements has been made. The interest acquired is Fee Simple. The property being purchased comprises a portion of a vacant parcel containing 289.75 ac. and is described in the attached decd 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 55,000 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� 16AKF9 �' rn 0 O ORIGINAL. STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION EXHIBIT SUMMARY STATEMENT RELATING TO PURCHASE OF S-EX-16 (REV 212007) REAL PROPERTY OR AN INTEREST THEREIN Page 2 of 2 (Form #) b. The selected appraiser must be licensed with the Office of Real Estate Appraisers (OREA). c. Appraisal cost reimbursement requests must be made in writing and submitted to the Department of Transportation, Division of Right of Way, Attention: , 855 M Street, Suite 200, Fresno, California, 93721, within 90 days of the earliest of the following dates: (1) the date the selected appraiser requests payment from you for the appraisal; or, (2) the date upon which you, or someone on your behalf, remitted full payment to the selected appraiser for the appraisal. Copies of the contract (if a contract was made), appraisal report, and invoice for completed work by the appraiser must be provided to the Department of Transportation concurrent with submission of the appraisal cost reimbursement request. The costs must be reasonable and justifiable. 6. The owner of a business conducted on a property to be acquired, or conducted on the remaining property which will be affected by the purchase of the required property, may be entitled to compensation for the loss of goodwill. Entitlement is contingent upon the ability to prove such loss in accordance with the provisions of Sections 1263.510 and 1263.520 of the Code of Civil Procedure. 7. If you ultimately elect to reject the State's offer for your property, you are entitled to have the amount of compensation determined by a court of law in accordance with the laws of the State of California. 8. You are entitled to receive all benefits that are available through donation to the State of California of all or part of your interest in the real property sought to be acquired by the Department of Transportation as set out in Streets and Highways Code Sections 104.2 and 104.12. o``gAKF9� 1 t— m v O ORIGINAL. CITY OF BAKERSFIELD CERTIFICATE OF APPRAISER I Hereby Certify: That I have personally inspected the property herein appraised and that the property owner has been afforded an opportunity to be present at the time of the inspection. A personal field inspection of the comparable sales relied upon in making said appraisal has also been made. The subject and the comparable sales relied upon in making said appraisal were as represented by the photographs contained in said appraisal. That to the best of my knowledge and belief, the statements contained in the appraisal herein set forth are true, and the information upon which the opinions expressed therein are based is correct, subject to limiting conditions therein set forth. That I understand that such appraisal is to be used in connection with the acquisition of right of way for a highway to be constructed by the City of Bakersfield with the assistance of State and Federal funds. That such appraisal has been made in conformity with the appropriate State and Federal laws, including laws regarding the use of eminent domain, Title VI of the 1964 Civil Rights Act, and regulations, policies and procedures applicable to appraisal of right of way for such purposes; and that to the best of my knowledge no portion of the value assigned to such property consists of items which are noncompensable under the established law of said State. That neither my employment nor my compensation for making this appraisal and report are in any way contingent upon the values reported herein. That I have no direct or indirect present or contemplated future personal interest in such property or in any benefit from the acquisition of such property appraised. That I have not revealed the findings and results of such appraisal to anyone other than the proper officials of the City of Bakersfield and I will not do so until so authorized by City officials, or until I am required to do so by due process of law, or until I am released from this obligation by having publicly testified as to such findings. That my opinion of the total fair market value included in this report and made a part hereof by reference, as of the 7th day of October 2011, is $88,700 ; and that such conclusion was derived without collusion, coercion or direction as to value. Dated3 "OZ Michael C. Ter o``0AKF9� r U p ORIGINAL