Loading...
HomeMy WebLinkAboutRES NO 041-12RESOLUTION NO. 041-12 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's: 533 - 010 -07 and 533- 010 -19 (previously 533 - 010 -27 and 533 - 010 -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: 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\ 1 1- 12 \RON.S &JAlfalfa- N.docx -- Page 1 of 3 Pages -- c>`` ® A KF9� r_ m r- c� 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 $113,700.00, 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. 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 9(112 by t�h /e following vote:� / AYE COUNCILMEMBER SALAS, BENHAM, WEIR C CH, HANSON, SULLIVAN, JOHNSON ES: COUNCILMEMBER !\Q-� ABSTAIN: COUNCILMEMBER IX201. ABSENT: COUNCILMEMBER YlOn9�.' APPROVED MAY 2 3 2Q12 LIM HARVEY L. HALL, Ma APPROVED AS TO FORM: VIRGINIA GENNARO, City Attorney RICHARD IGER Associate City Attorney S: \COUNCIL \Resos\ 1 1 -12 \RO N.S &JAlfalfa- N.docx RQBERTA GAFFORD, CAAPU OqFv CLERK and Ex Officio Clerk of the Kou, ncil of the City of Bakersfield -- Page 2 of 3 Pages -- r U 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.© 44passed and adopted by the City Council of the City of Bakersfield at a regular meeting held on May 23, 2012. S:\C0UNC1L\Resos\1 1 -12 \R0 N.S &JAlfalfa- N.docx ROBERTA GAFFORD -- Page 3 of 3 Pages -- o�Q, AK�9 s ~ r U O ORIGINAL State Route 178 Interchange at Morning Drive 531 - 010 -279 28 THAT PORTION OF THE NORTHWEST QUARTER OF SECTION 19, OF TOWNSHIP 29 SOUTH, RANGE 29 EAST, MOUNT DIABLO MERIDIAN, COUNTY OF KERN, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 19; THENCE (1) SOUTH 89 039'24" EAST, ON AND ALONG THE NORTH LINE OF SAID SECTION 19, A DISTANCE OF 893.17 FEET; THENCE (2) SOUTH 51 016'34" EAST, A DISTANCE OF 102.55 FEET; THENCE (3) SOUTH 72 016'25" EAST, A DISTANCE OF 501.02 FEET; THENCE (4) SOUTH 85 016'55" EAST, A DISTANCE OF 567.01 FEET; THENCE (5) SOUTH 87 042'15" EAST, A DISTANCE OF 338.72 FEET; THENCE (6) SOUTH 86045'16" EAST, A DISTANCE OF 434.83 FEET; THENCE (7) SOUTH 75 °57'25" EAST, A DISTANCE OF 111.80 FEET, TO A POINT ON THE NORTH 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; THENCE (8) SOUTH 89 °47'27" WEST, ON AND ALONG LAST SAID NORTH LINE, A DISTANCE OF 1558.24 FEET; THENCE (9) NORTH 85 °31'46" WEST, ON AND ALONG LAST SAID NORTH LINE, A DISTANCE OF 448.87' FEET; THENCE (10) NORTH 69 °36'27" WEST, ON AND ALONG LAST SAID NORTH LINE, A DISTANCE OF 297.84 FEET; THENCE (I I) NORTH 86 °30'06" WEST, ON AND ALONG LAST SAID NORTH LINE, A DISTANCE OF 489.19 FEET; THENCE (12) NORTH 26 °11'46" WEST, ON AND ALONG LAST SAID NORTH LINE, A DISTANCE OF 33.26 FEET; �gAKF9 o sI Page I of 2 Fn EXHIBIT" 1 ORIGINAL. THENCE (13)NORTH 83 002'21" WEST, ON AND ALONG LAST SAID NORTH LINE, A DISTANCE OF 110.76 FEET, TO A POINT ON THE WEST LINE OF SECTION 19; THENCE (14) NORTH 00 °34'44" EAST, ON AND ALONG SAID WEST LINE, A DISTANCE OF 127.82 FEET, TO THE TRUE POINT OF BEGINNING; AREA: 8.677 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 ABUTTER'S RIGHTS INCLUDING ACCESS RIGHTS, APPURTENANT TO GRANTOR'S REMAINING PROPERTY, IN AND TO SAID FREEWAY. -a CAaf '." Page 2 of 2 o``gAKF9� rn � o ORIGINAL State Route 178 Interchange at Morning Drive Joint Utility Easement 531-010-27,28 THAT PORTION OF THE NORTHWEST QUARTER 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 NORTHWEST CORNER OF SAID SECTION 19; THENCE SOUTH 89 039'24" EAST, ON AND ALONG THE NORTH LINE OF SAID SECTION 19, A DISTANCE OF 893.17 FEET, TO THE TRUE POINT OF BEGINNING; THENCE (1) SOUTH 89 °39'24" EAST, ON AND ALONG SAID NORTH LINE, A DISTANCE OF 16.11 FEET; THENCE (2) SOUTH 51-16'34" EAST, A DISTANCE OF 88.06 FEET; THENCE (3) SOUTH 72 °16'25" EAST, A DISTANCE OF 498.02 FEET; THENCE (4) SOUTH 85 °16'55" EAST, A DISTANCE OF 565.65 FEET; THENCE (5) SOUTH 87-42'15" EAST, A DISTANCE OF 338.59 FEET; THENCE (6) SOUTH 86045'17" EAST, A DISTANCE OF 435.73 FEET; THENCE (7) SOUTH 75 057'25" EAST, A DISTANCE OF 111.53 FEET, TO A POINT ON THE NORTH LINE OF A 10 FOOT PACIFIC TELEPHONE AND TELEGRAPH COMPANY EASEMENT AS DESCRIBED IN A DOCUMENT RECORDED IN BOOK 5384, PAGE 1067, OFFICIAL RECORDS; THENCE (8) SOUTH 89 °4727" WEST, ON AND ALONG LAST SAID NORTH LINE, A DISTANCE OF 40.52 FEET; THENCE (9) NORTH 75 057'25" WEST, A DISTANCE OF 71.18 FEET THENCE (10) NORTH 86045'16" WEST, A DISTANCE OF 434.83 FEET; THENCE (I I) NORTH 87042'15" WEST, A DISTANCE OF 338.72 FEET; THENCE (12) NORTH 85016'55" WEST, A DISTANCE OF 567.01 FEET; Page 1 of 2 o� 6 AKF9� M v O ORIGINAL THENCE (13) NORTH 72 °16'25" WEST, A DISTANCE OF 501.02 FEET; THENCE (14) NORTH 51-16'34" WEST, A DISTANCE OF 102.54 FEET, TO THE TRUE POINT OF BEGINNING; AREA: 0.465 ACRES MORE OR LESS. ALL DISTANCES ARE GRID DISTANCES. DIVIDE DISTANCES BY 0.99995386 TO CONVERT TO GROUND DISTANCES. RbEr� E` o� No. cim E* ,"1 -13 O cl +o� �0PKF9 o s.� Page 2 of 2 ORIGINAL State Route 178 Interchange at Morning Drive Drainage Easement 531 - 010 -279 28 THAT PORTION OF THE NORTHEAST QUARTER 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 NORTHWEST CORNER OF SAID NORTHEAST QUARTER; THENCE SOUTH 89040'11 " EAST, ON AND ALONG THE NORTH LINE OF SAID NORTHEAST QUARTER, A DISTANCE OF 1318.32 FEET, TO THE WEST LINE OF LOT B OF A LOT LINE ADJUSTMENT 05 -1188, RECORDED IN DOCUMENT NO. 0205303329, OFFICIAL RECORDS; THENCE SOUTH 00 °29' 18" WEST, ON AND ALONG SAID WEST LINE, A DISTANCE OF 209.97 FEET, TO THE TRUE POINT OF BEGINNING; THENCE (1) SOUTH 00-29'18" WEST, ON AND ALONG SAID WEST LINE, A DISTANCE OF 45.94 FEET, TO THE NORTH LINE OF A GAS LINE EASEMENT RECORDED IN BOOK 6478, PAGE 161, OFFICIAL RECORDS; THENCE (2) SOUTH 89046'16" WEST, ON AND ALONG LAST SAID NORTH LINE, A DISTANCE OF 1242.43 FEET, TO AN ANGLE POINT ON SAID GAS LINE EASEMENT; THENCE (3) NORTH 00 037'29" EAST, ON AND ALONG EAST LINE OF SAID GAS LINE EASEMENT, A DISTANCE OF 46.19 FEET; THENCE (4) NORTH 89 °46'56" EAST, A DISTANCE OF 1242.32 FEET, TO THE TRUE POINT OF BEGINNING; AREA: 1.314 ACRES MORE OR LESS. ALL DISTANCES ARE GRID DISTANCES. DIVIDE DISTANCES BY 0.99995386 TO CONVERT TO GROUND DISTANCES. E f. Rb Eip. $31.13 3• Page 1 of 1 t m � o ORIGINAL / L 0 B A K E R S F I 0aftaft E L D Dist- Co.-Rte. 06 -KER- 178 -BKD EA 06- OC9408L Parcel No. 531 -011 -07 &19 Cal Trans File No. 86720 -1 April 17, 2012 S & J ALFALFA INC. Atten: BOOKKEEPING AND TAX SERVICE 16 HALSEY AVENUE PETALUMA CA 94592 Morning Drive Interchange/State Route 178 Project APN 531 -011 -07819 (Partial Acquisition) Previous APN 531 -010 -27&28 Offer of Just Compensation: $113,700 Dear S & J Alfalfa or owner representative, 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 10.456 acres), see attached parcel maps. Pursuant to Section 7267.2 of the California Government Code, the City of Bakersfield offers $113,700 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 City of Bakersfield - Property Management Division - 900 Truxtun Avenue, #200 Bakersfield - California - 93301 gAKF, (661) 326 -3479 - Fax (661) 852 -2195 0`` �T �_ti�e1_�!,' i} <iker� >fikwl;_;til•v.�r �- EXHIBIT u ORIGINAL Offer to Purchase Letter Page 2 4/17/2012 evidence that the appraisal has been completed prior to payment, along with billing or invoice from an appraisal company or individual. 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, Y Charles Webb Real Property Agent 11 Property Management Division (661) 326 -3479 phone (661) 852 -2195 fax Email: cwebb @bakersfieldcity.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 Ur - S & J north parcels p��aK�9�T >- m F-- r c� C3 ORIGINAL t14EIZZ.00S (L co im a, M W, ir m -9 to LLJ — cc rn CDUJ-QN ulwCC Zz CY UJI fn .WMZN V) C) o ir DOW V)V)U- cr vu :zw4A J _:: - x r N a CAM > NZUJ 0 cr W M z to z 39 Ln9D) m IUPJ L6 — CY W a cr N z cro ;n LJ- I.- tat II 1 Ld La N z Clo L)IAI-- Z • rn Go Ln to -CONUJ-W z U orn z Z N - Co uouuuouuu --W 000C w NNE 4A - UP w v at r- 0 v to N Ln 0 <-Jx f: • at --, eq rn;z N f- 0 N 0 0 0 -9 1 f 0: a.,w U tint, 7 uj 2 009 11w :- CV CO 2� r) f.- &n w 0 f- w r- w >- CA r4 C-i C%li - - - CL f'J p N Ln v co r a; V) -i < o c 7 r-- in z Go ;?tt W LL I 4A rl_ 4115 �- - I-- �- IfLo V) -10 La 9 0110 ir -tr-(y CW- ui a: 7L zzz LL Ln I.- Vf O co I— La IN W k qr co N ui um —C%l tn Z? > C . IN a: W LLJ ozz w a 0 U) c Ln Z I LID+- w cp T Il cr W Z 0 4A (A W ov.- IA tr.ZY 4 w 0 LU Cc 0 3 19 cc C,3- .- u wo 4 It o r7lo x Ln z z ai Om a , 0 118 o—w Ir co L) 0 11A 3r a L C +* ID z z Z— U — 1 8 6 A W w w �- w M 0 r 14; a 0 u U 1-1: W W K x w j w -9 W KO. W0 CL NU N ai co 04 co x L11.1 kA IfLo V) -10 La 9 0110 ir -tr-(y CW- ui a: 7L zzz LL Ln I.- Vf O co I— La IN W k qr co N ui um —C%l tn Z? Li 10) < W (n j. 2! co W < tc. M CO N I ON Fn Z (n ODt o CD O CL 0 > C . IN a: W LLJ ozz w a 0 U) c Ln Z I LID+- ;z T n W ov.- F- in. tn Co fA C,3- W w Ui Ld _j QUU 1= m = ozz 4 It o r7lo La ai Om a , U% as CO 4 -a .4 3r a L C +* ID 1--w < CL CL CL C) _W W 10 in N ai co 04 co x L11.1 kA wwui .4-9-co :;Qc)c) 00: a: U 0, 0 LA -9 cr -9 t an co (A UD 0% < zzz - - - ZZZ I 0 W 0 co 00 W 13 0 LLJ 'A uj 0 222w,,w,,,wM 10 co ft blo V9 s F5 -C w w I lw 11A .Z Z CLC3 �*ER cus r cc a: . * ul 417 0 040 Li 10) < W (n j. 2! co W < tc. M CO N I ON Fn Z (n ODt o CD O CL 0 F9 1p, rn ORIGINAL > C . IN ;z T n .0 1 011 F- CY (10 N. fn C,3- ai Om a , U% as cm I z -z 0c; .-W 4- -9 -11-- Lli U N ai co 04 co x L11.1 kA Z Lj Sw LL. UD 0% ZD z (v 0 10 co ft blo V9 .. Z OWM W4- 13 0 — Cm L > ir cc-- .Z Z CLC3 �*ER 0," C3 2 "W, ; co co 0!Y v N in ui r4 ZOXIA�- 416 > x 19 WO F9 1p, rn ORIGINAL State Route 178 Interchange at Morning Drive 531 - 010 -279 28 THAT PORTION OF THE NORTHWEST QUARTER OF SECTION 19, OF TOWNSHIP 29 SOUTH, RANGE 29 EAST, MOUNT DIABLO MERIDIAN, COUNTY OF KERN, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 19; THENCE (1) SOUTH 89 °3924" EAST, ON AND ALONG THE NORTH LINE OF SAID SECTION 19, A DISTANCE OF 893.17 FEET; THENCE (2) SOUTH 51 °16'34" EAST, A DISTANCE OF 102.55 FEET; THENCE (3) SOUTH 72 016'25" EAST, A DISTANCE OF 501.02 FEET; THENCE (4) SOUTH 85 016'55" EAST, A DISTANCE OF 567.01 FEET; THENCE (5) SOUTH 87-42'15" EAST, A DISTANCE OF 338.72 FEET; THENCE (6) SOUTH 86 °45' 16" EAST, A DISTANCE OF 434.83 FEET; THENCE (7) SOUTH 75 °57'25" EAST, A DISTANCE OF 111.80 FEET, TO A POINT ON THE NORTH 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; THENCE (8) SOUTH 89 °47'27" WEST, ON AND ALONG LAST SAID NORTH LINE, A DISTANCE OF 1558.24 FEET; THENCE (9) NORTH 85 031'46" WEST, ON AND ALONG LAST SAID NORTH LINE, A DISTANCE OF 448.87' FEET; THENCE (10) NORTH 69 °36'27" WEST, ON AND ALONG LAST SAID NORTH LINE, A DISTANCE OF 297.84 FEET; THENCE (I I) NORTH 86 030'06" WEST, ON AND ALONG LAST SAID NORTH LINE, A DISTANCE OF 489.19 FEET; THENCE (12)NORTH 26°11'46" WEST, ON AND ALONG LAST SAID NORTH LINE, A DISTANCE OF 33.26 FEET; Page 1 of 2 o��AK�9,n m � r U O ORIGINAL THENCE (13) NORTH 83 °02'21" WEST, ON AND ALONG LAST SAID NORTH LINE, A DISTANCE OF 110.76 FEET, TO A POINT ON THE WEST LINE OF SECTION 19; THENCE (14) NORTH 00 °34'44" EAST, ON AND ALONG SAID WEST LINE, A DISTANCE OF 127.82 FEET, TO THE TRUE POINT OF BEGINNING; AREA: 8.677 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 ABUTTER'S RIGHTS INCLUDING ACCESS RIGHTS, APPURTENANT TO GRANTOR'S REMAINING PROPERTY, IN AND TO SAID FREEWAY. o``gAKF9� Page 2 of 2 y �- m v o ORIGINAL r°•°tAD 0 o J a Zw� m •.\- vWjQ`n' J Mtn to r --j N �:. -�. t: F•- N In lA In P • 1- P U1 N M N I A•. I N 1 (n cn N tD tD t0 C3 ¢ P _ . LID tro AInN Z2tA71V�1 OI Q A - m HMtn P H '•I j '� J �.. Q I ZUO+ N M P m l WO J . - I C” I U NF- J J J J z _... -...- W £9_Zb9z M „L£,zz.00S I U.) O Wt,(t I ,I I cam:''' J P I 11 I � J - ;DNinO,MMNCOM M D:m O Oil am¢m r coto -W.- ( (At QIDW•_W r It 1n A to to r m N N N w0MLn. to 00cr 1 1 -o:P N .- N N P P I I V)U'-• . .. t tnOu- •- A o o o t to � M � P A M O W ig • c cr P U MPS P W W W W W W W 3 ## P P In in A to A to tD NMNtn •- NNN z mtD{O tpN tnAA A In M r PPNPtnP • • • . . • • . Nin Aw to Tln tD W I x :r Wt,(t I ,I I cam:''' I 11 I z - ;DNinO,MMNCOM It 1n A to to r m w0MLn. -o:P •- m m t0 M M P A M O Ptn MPS P W W W W W W W 3 ## P P In in A to A to tD NMNtn •- NNN z mtD{O tpN tnAA A In M r PPNPtnP • • • . . • • . Nin Aw to Tln tD ww W m In A m m m A m A m mN0 VI V10 VI V1 V) Z Z G 4 � J-1 N M J P J N J J lD 1-1 J m J 01 J J I I I x :r Wt,(t I ,I I cam:''' I 11 I - -N- - -�- - -LL —L I I I I ;�• I � I I O Q > w cp o cY m `' W WY yZZ� OC J a 2 UA cc U Z W O U W QVW FAZW Y3 W wOin u � .. O UI -2.jc 2 Y 2 - Z tYWH --H U• N NUN U J W KCLWN W V1 U J _ I.tl'il ,9l'S6 Z M „ZS,S£.005 Ito n : ..Ina �- ,n - m z u t� Na:Ot I Jtl.i UUUUUC�wwu W 1 T(. -x NW -W �r-� QQQQQQQQQ i UOMZ• N ” ! t. ( P.- MtnOMM;:O N D � ir h.. MrNWVMWAon Q CAW - - i" AAMPP MN NQI W ( •> W- CLVU 1 �, to VIMOOOtoinN > QO I II^ NNN NNN ~ 10 1«'� f(.i. mZd•�(WnN W N J Ito y I � M � n. Z 1- I ;' _ ...II '., to ill 11 ~ •- m u1b. __ Z►- U I ° 1 Ii wzzc> wZZ 10, >,U) 1 >v -j -.1 -j rQ ( 7D uuozzz CO gaazwwt>zz oa° acmi w < CLd0_WWW QO l O C = Q j tD PII .•- r ,j F- to 0 N m m m O Leo Ha: I N JJJQQQWWW w I+ Li- U W 44QWWWO00 V) [O to m V1F W P _N a Q z z z- -.-- -z zZ_ VfN O •- VA Qm -) W 00OWWW Q w-j I wmD v- 1 7 N d �::lQ a'd•D:< «www J mVD O WO M _ y 0 0 01- F- I- w w w ':E •- V O • I N V,L Om NW cc 0 \I I ,N '• a o a c� 1-8-4- +-2 z MO V Z T' J N � .� _ ( ^_ s l: LL �� A l 0 m Z W m W ,+7 �' �•, ' r'_ '1. it � ;S, L� t t0 O • > m V1 2 G. [ LOt F C: V O O _ C r, _N -C -.11- V' to 00 t W U LQt m =W Z 1 D•-m Q S01i O \m Qt- 1-20 CL I A ��' r �i, r.l '� •`'\ I COT urn m�. J 1 ODh elm tAJ mOir tnb w ` �Z I m C W W 1 O "� ZO+ O •CrN CY W►•y cc�rs,;9328 i t0mVzzO 1 u� zZ-- t 'm V• n t +l :,Y7 . .__, _ __ . , 6t 8b9Z M bs __ _ b ,- b £` . �t 00`�5 ' N :n .' ' F ° � 1Z •- t P \ \ � rO ••- � T to I I 1 IA Z aD 03WN 0cr wL mz O#1nN ?I 0 y s w ro N i M N w bZ*a W n I J 7 tj R o F9 m ORIGINAL State Route 178 Interchange at Morning Drive Joint Utility Easement 531 - 010 -279 28 THAT PORTION OF THE NORTHWEST QUARTER 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 NORTHWEST CORNER OF SAID SECTION 19; THENCE SOUTH 89 039'24" EAST, ON AND ALONG THE NORTH LINE OF SAID SECTION 19, A DISTANCE OF 893.17 FEET, TO THE TRUE POINT OF BEGINNING; THENCE (1) SOUTH 89 °39'24" EAST, ON AND ALONG SAID NORTH LINE, A DISTANCE OF 16.11 FEET; THENCE (2) SOUTH 51 °16'34" EAST, A DISTANCE OF 88.06 FEET; THENCE (3) SOUTH 72 °16'25" EAST, A DISTANCE OF 498.02 FEET; THENCE (4) SOUTH 85 °16'55" EAST, A DISTANCE OF 565.65 FEET; THENCE (5) SOUTH 87-42'15" EAST, A DISTANCE OF 338.59 FEET; THENCE (6) SOUTH 86045'17" EAST, A DISTANCE OF 435.73 FEET; THENCE (7) SOUTH 75 057'25" EAST, A DISTANCE OF 111.53 FEET, TO A POINT ON THE NORTH LINE OF A 10 FOOT PACIFIC TELEPHONE AND TELEGRAPH COMPANY EASEMENT AS DESCRIBED IN A DOCUMENT RECORDED IN BOOK 5384, PAGE 1067, OFFICIAL RECORDS; THENCE (8) SOUTH 89 047'27" WEST, ON AND ALONG LAST SAID NORTH LINE, A DISTANCE OF 40.52 FEET; THENCE (9) NORTH 75 °57'25" WEST, A DISTANCE OF 71.18 FEET THENCE (10) NORTH 86045'16" WEST, A DISTANCE OF 434.83 FEET; THENCE (1 ])NORTH 87-42'15" WEST, A DISTANCE OF 338.72 FEET; THENCE (12) NORTH 85 °16'55" WEST, A DISTANCE OF 567.01 FEET; o� � A KF9`sc Page 1 of 2 ° ORIGINAL THENCE (l 3) NORTH 72-16'25" WEST, A DISTANCE OF 501.02 FEET; THENCE (14) NORTH 51 °16'34" WEST, A DISTANCE OF 102.54 FEET, TO THE TRUE POINT OF BEGINNING; AREA: 0.465 ACRES MORE OR LESS. ALL DISTANCES ARE GRID DISTANCES. DIVIDE DISTANCES BY 0.99995386 TO CONVERT TO GROUND DISTANCES. E R O Etq. 8,11.13 (J � cjw%.t-2- — a o``eAKF9� T Page 2 of 2 o ORIGINAL State Route 178 Interchange at Morning Drive Drainage Easement 531- 010 -279 28 THAT PORTION OF THE NORTHEAST QUARTER 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 NORTHWEST CORNER OF SAID NORTHEAST QUARTER; THENCE SOUTH 89 °40' 11" EAST, ON AND ALONG THE NORTH LINE OF SAID NORTHEAST QUARTER, A DISTANCE OF 1318.32 FEET, TO THE WEST LINE OF LOT B OF A LOT LINE ADJUSTMENT 05 -1188, RECORDED IN DOCUMENT NO. 0205303329, OFFICIAL RECORDS; THENCE SOUTH 00 °29' 18" WEST, ON AND ALONG SAID WEST LINE, A DISTANCE OF 209.97 FEET, TO THE TRUE POINT OF BEGINNING; THENCE (1) SOUTH 00029'18" WEST, ON AND ALONG SAID WEST LINE, A DISTANCE OF 45.94 FEET, TO THE NORTH LINE OF A GAS LINE EASEMENT RECORDED IN BOOK 6478, PAGE 161, OFFICIAL RECORDS; THENCE (2) SOUTH 89-46'16" WEST, ON AND ALONG LAST SAID NORTH LINE, A DISTANCE OF 1242.43 FEET, TO AN ANGLE POINT ON SAID GAS LINE EASEMENT; THENCE (3) NORTH 00 °37'29" EAST, ON AND ALONG EAST LINE OF SAID GAS LINE EASEMENT, A DISTANCE OF 46.19 FEET; THENCE (4) NORTH 89046'56" EAST, A DISTANCE OF 1242.32 FEET, TO THE TRUE POINT OF BEGINNING; AREA: 1.314 ACRES MORE OR LESS. ALL DISTANCES ARE GRID DISTANCES. DIVIDE DISTANCES BY 0.99995386 TO CONVERT TO GROUND DISTANCES. Page 1 of 1 o``� AKF9s � U C7 ORIGINAL 1 .7 aoo2cn 1 m atcW• -m 1 vm 1 ,,� UMZ N ¢ Z M2 M v _ � go� A th 4-im _ 2 dQU, LO Q V7 OOK W EO c22N 002 1 i♦ N M 1 _ yL, uj U U U Z - -- _ = M V1 0 - i I m J&- crtrW[9ZZ 4442 -- - 30 Oa Q) CL W t1 •WZW{n) I;i4 ^i.•1`,I = r.-V1N 1 aW Qf . d NNI .G :;.;.. 2 + D m ._.t W NZW ~ ��!yyyy • -i ZZZWZZZ 'II••4 Z p p ]i a .Z IA I a O WJ r� .0 1 •• p la. 2 2 2WaQ-4 ' I +: O T I NJ Q OOOF -222 Ik it 1 N m D C 4-2 = F- (m Om O I c i H 0 4 I''' N C D =_ �I �, UUUUUUU W T> ul I I x, aaaaaaa m•_ •�1 CD III _ �.. Q.-M W01-0 M L ,, Oi •l: M. -N-Nm- I�I�MMQM0 +N ,mI �Z W Vf N Qo o c } cQ I 11:1 O I c� • 0 O � :t �'r NNN NNN~ O O C O10 O I� ;il+ ` a • a + ~J N til L O +in 1 go O r- I'.I;li N U D mH{W/f i 2 W W W O i m D I N �N ,.� VZZ NZ 3+ 1..._ I 1 I II, oa > m CO of m 4A p 1 -Zay�r ap Q W(A Z Vp� W Z W W U m U U N Z d' uw ;: h- d' W !- 9 %A 1- VI F- F- 0 V1O ^U ^ U J W W C X W X W .4 J CM W1/1W NU a a"Ncr O" • j VOM2 —c ( M v _ � go� A th 4-im _ 2 dQU, LO Q r> mgc, tw I j W M dZ o+ 1 W W W 1- N M 1 cr uj U U U Z - -- a$ M V1 0 - i I m J&- crtrW[9ZZ 4442 -- - 30 Oa Q) CL W • b •�� I I wWW 2 + D m U W G�NEER �1 ��!yyyy • -i ZZZWZZZ U!0 1 Z p p N a w WJ .0 1 •• p W n 2 2 2WaQ-4 ' I N m O O ` NJ Q OOOF -222 Ik it m D C 4-2 = F- (m Om �a 1 0 4 L W ul I I _ . Z Zw mW +N ,mI �Z I Qo o c } cLL M I 11:1 O 02 02 c� I i ii, l I,, m� m a • 2Zo I 1 go I'.I;li mH{W/f i i I W— U �N DO 0 C, ,, LTC,, a a"Ncr O" • j VOM2 —c ( M v _ � go� A th 4-im _ 2 dQU, LO Q r> mgc, tw I j W M dZ o+ 1 ` p V- N M O 0 Z 2 I 1 1 W oZ2 - '•. I 2 0 W- 4, y •� U In r + G�NEER �1 • 1 10 :r... •• p W n ' WO ` Q o a w n d 2 W °d ?I J ° ' N g' lz fTl r v o AL STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION CONFIDENTIAL EXHIBIT APPRAISAL SUMMARY STATEMENT This doctunent contains ptrnamal information and R IS EX -A F -V 6/201U puntuant to Civil Code 1798.21, it shall be kept $- ( ) (Form #) confidential in order to "ect against unauthorircd disclosure. Page 1 of 7 Dist. Co. Rte. P.M. Parcel No. Federal Aid Project No. Date 531-010.27 & 28 1 3127/12 Owner: S&J Alfalfa Date Acquired: Proposed Property Address: NEQ Morning Dr. & Hwy. 178 Property to be acquired: Part ® All ❑ Locale: Bakersfield, CA Total Property Area: 26.734 ac. Including Access Rights Yes ❑ No The market value for the property to be acquired by the State is based upon an appraisal prepared in accordance with accepted appraisal principles and procedures. Code of Civil Procedure Section 1263.320 defines Fair Market Value as follows: a) The fair market value of the property taken is the highest price on the date of valuation that would be agreed to be a seller, being willing to sell but under no particular or urgent necessity for so doing, nor obliged to sell, and a buyer, being ready, willing, and able to buy but under no particular necessity for so doing, each dealing with the other with full knowledge of all the uses and purposes for which the property is reasonably adaptable and available. b) The fair market value of property taken for which there is no relevant, comparable market is its value on the date of valuation as determined by any method of valuation that is just and equitable. Code of Civil Procedure Section 1263.321 defines Fair Market Value as follows: A just and equitable method of determining the value of nonprofit, special use property for which there is no relevant, comparable market is as set forth in Section 824 of the Evidence Code, but subject to the exceptions set forth in subdivision ® of Section 824 of Evidence Code. The market value for the property to be acquired by the State is based upon Code of Civil Procedure Section 1263.20 as defined above. .i � *) Interest valued: Fee Simple Date of inspection: October 7, 2011 Original ® Updated ❑ Date of valuation: September 5, 2007 Original ® Updated ❑ Applicable zoning: R-1: One Family Dwelling Area to be acquired: 8.677 ac. fee take, 1.779 ac. easement take = 10.456 ac. Highest and best use: Hold until there is demand for residential development. Current use: Vacant •o�gAKF9� s U O ORIGINAL EXHIBIT APPRAISAL SUMMARY STATEMENT (Cont.) 8- F.X -15A (REV 612010) (Formic) Page 2 of 7 Sub - parcel Item None Lump Sum Total = $ Area Total Area = 10.456 ac. =$ sT r= m r ORIGINAL EXHIBIT APPRAISAL SUMMARY STATEMENT (Cont.) s- EX -ISA (REV 6/2010) (Form a) Page 3 of 7 Value of the Entire Property Value of the property being acquired including the following improvements: Land: 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): Cost to Cure Damages: $ Incurable Damages: $ Total Damages: Benefits (see page 4): Net Damages: $ (see page 6) $ 113,722 $ (see page 6) $ (see page 6) N/A N/A N/A $ N/A $ N/A $ N/A The amount of any other compensation: $ N/A JUST COMPENSATION FOR ACQUISITION $ 113,722 Rounded To $ 115,700 �s =_77 . ..-m ,[ $ N/A o``gAKF9� T v d ORIGINAL. EXHIBIT APPRAISAL SUMMARY STATEMENT (Cont) 8- EX -15A (REV 6/2010) (Form #) Page 4 of 7 Item Lump Sum Total N/A (Narrative Explanation & calculations, if applicable) Lump Sum Total (Narrative Explanation, & calculations, if applicable) Lump Sum Total NET DAMAGE$ (Total Damages less Benefits) size $ �-- m 0 o ORIGINAL. EXHIBIT APPRAISAL SUMMARY STATEMENT (Cont.) 8- >Fx ->I5A (REV 6/2007) (Fom #) Page 5 of 7 N/A 1. 2. 3. 4. 5. 8. 9. 10. ��c�AKF9 s� r U O ORIGINAL EXHIBIT APPRAISAL SUMMARY STATEMENT (Cont.) 8- EX -15A (REV 6/2010) (Fom M) Page 6 of 7 THE FOLLOWING INFORMATION IS BASED ON THE ENTIRE SUNEC T PARC!rrr. 1. The Sales Comparison approach is based on the consideration of comparable land and improved sales. Indicated value by Sales Comparison Approach $ 113,700 (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 $ 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 Net Operating Income Indicated value by Income Approach 4. Other Indicated value N/A % Sales range from $11,841 to $38,423 /acre. All but Sale D are larger parcels requiring upward adjustments. Typically, as size decreases, price/acre increases. Adjustments were made for status of improvements. Sales A, D, F, and G were adjusted as described within the comments for each sale above. In consideration of sales shown and factors discussed, value of the subject site is estimated at $12,000 /ac. Further, although the underlying land of the easement take parcel will remain under ownership of the property owner, use will be severely restricted and will basically be unusable by the subject. Therefore, damage to the easement parcel is estimated at 90 %. Additionally, as discussed, portions of both the fee take and easement parcels are located within an existing roadway easement. Due to this factor, these portions are assigned 10% utility. Total just compensation is therefore summarized as follows: Fee Take Parcel Unencumbered Portion Encumbered Portion Easement Take Parcel Unencumbered Portion Encumbered Portion Total Just Compensation Value of Fee Take Parcel Value of Easement Take Total Round To: 8.009 acres @ $12,000 /ac. = 0.668 acres @ $12,000 /ac. x 10% = Total 1.529 acres @ $12,000 /ac. x 90% = 0.250 acres @ $12,000 /ac. x 10% = $96,909 $16,813 $113,722 $113,700 $96,108 801 $16,513 $96,909 $16,813 s ca O ORIGINAL EXHIBIT APPRAISAL SUMMARY STATEMENT (Cont.) 8- EX -I5n (REV 6/2010) (Form #) Pagc 7 of 7 SUMMARY OF RECORDED DATA Almost on A 12/31/07 07- 253770 Can Azul Land KRP Panama, LLC Panama Ln., west of Stine Rd. (SW) B 04/10/08 06-055518 Bakerdeld Innovations Mesa Marin, LLC Kem Canyon Rd. (NE) C 06/26/08 08- 101506 Ennis Homes, Inc. VIC -NIC VI, LLC SEC Berkshire/Stine (SW) 56.84 $35,186 230 $8,696 4.05 NEC Panama/Old River (SW) D 06/ 18106 08. 097087 KB Home Sacramento, Inc. 85 Harvest Moon, LLC SWO Hwy. 1781A1fred Harrell (NE) E 07/07/08 08- 108358 Bakersfield Panorama, LP BHT — Bakersfield MH. LLC NWC McCutchen/Progress (SW) F 04/13/09 09- 051818 DOA Properties V, LLC Stine Road Propertles, LLC SWC BerkshirelStine (SW) G 06/10109 094083908 Comarkm Bank Hal & Won Chan Panorama Dr., west of Morning Dr. (NE) H 01/20110 10- 007558 Westamedca Bank Haroon b Sophia Hanaseb Hwy. 178, east of Miremonte Dr. (NE) 1 04/30/10 10- 056309 Wachovia Bank Vander Weerd Investments SWC Paladin Dr., Morning Dr. (NE) J 03117/11 11- 034578 River City Bank Kem Resources, LLC E. of Morning Dr., N. or Hwy. 178 (NE) K 03/30111 11- 041772 PremierWeat Bank Wage Ranch LLC W. of Moming Dr. N. of Paladin Dr. NE Prices and physical characteristics are further detailed as follows: SUMMARY OF PHYSICAL CHARACTERISTICS on " Amm Loons 'Lot A 12/28/07 538-010 -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 $5,233 4.27 R -1 C 06/11/08 515. 040 -01, 497 -010-05 $1,457,500 57.84 $25,199 238 $6,176 4.08 R -1 D 08/1301 387- 160 -33 $765,000 19.91 $38,423 85 $9,000 4.27 R -1 E 07/01/08 640-010-20,21,22.24 $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 06104/09 437 -010 - 38,59,63,65,68,71 $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 04/27110 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 03125/11 436. 062-03 18 18 29 30 $580,000, 147.00 $3,946, 371 $1,563 2.52 R -1 Average 63.67 '$15 372 238 '$4,117 *Cumulative Average o``gAK' 9� r 0 p ORIGINAL STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION EXHIBIT SUMMARY STATEMENT RELATING TO PURCHASE OF 8-EX-16 (REV 2/2007) 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. interchangg. Your property located at the northeast ouadrant of Hwy. 178 and Morning Dr. is within the project area, and is also identified by your county assessor as Parcel No. 531- 010 -27 & 28. 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: I . You are entitled to receive full payment prior to vacating the real property being purchased unless you have heretofore waived such entitlement. You are not required to pay recording fees, transfer taxes, or the pro rata portion of real property taxes which are allocable to any period subsequent to the passage of title or possession. 2. The State will offer to purchase any remnant(s) considered by the State to be an uneconomic unit(s) which is/are owned by you or, if applicable, occupied by you as a tenant and which is/am 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 26.734 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 $5,000 subject to the following conditions; a. You, not the Department of Transportation (Department), must order the appraisal. Should you enter into a contract with the selected appraiser, the Department will not be a party to the contract; o``p,AKF9� U O ORIGINAL STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION SUA0 ARY 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 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 arc 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. �4g AK, 9q m r ORIGINAL CITY OF BAKERSFIELD CERTIFICATE OF APPRAISER 1 Hereby Cert &. 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 $113,700 ; and that such conclusion was derived without collusion, coercion or direction as to value. Dated: /11(142- Mi hael C. Bu er <0AKF9 o m � r cJ O ORIGINAL