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
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(c) The Property is necessary for the Project; and
(d) The offer required by Government Code Section 7267.2, a
copy of which is attached hereto as Exhibit "2," and
incorporated herein by reference, has been made to the
Property owner or owners of record.
2. The City Attorney is hereby authorized and directed to commence
and maintain a proceeding in and for the City of Bakersfield to
acquire for the City of Bakersfield the fee simple interest in the
Property.
3. The City Attorney is hereby authorized and directed to make
application to the court for an Order for Possession Before
Judgment in these proceedings.
4. The Finance Director is hereby authorized and directed to draw its
warrant in the amount of $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
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S:\ COUNCIL\ Resos \11- 12 \RON.SBJAIfalfa- S.docx > m
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ORIGINAL.
CERTIFICATE OF CITY CLERK
I, ROBERTA GAFFORD, Clerk of the City of Bakersfield, certify the foregoing
is the full and true Resolution No. 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
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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;
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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;
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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
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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
•
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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
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ORIGINAL
a
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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
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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
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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
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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
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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
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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
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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
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EXHIBIT
APPRAISAL SUMMARY STATEMENT (Cont.) 8- GX -15A (REV 6/2007)
(Form #) Page 5 of 7
N/A
2.
3.
4,
5.
10.
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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
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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
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ORIGINAL
STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION EXHIBIT
SUMMARY STATEMENT RELATING TO PURCHASE OF 8 -EX -16 (REV 212007)
REAL PROPERTY OR AN INTEREST THEREIN Page 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;
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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.
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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
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