HomeMy WebLinkAboutRES NO 070-12RESOLUTION NO. 070-12
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 located in the northwest corner of future Vineland Road and State
Route 178, commonly described as APN: 531 - 011 -21 (formerly APN 531 - 010 -55),
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;
S: \COUNCIL \Resos \11- 12 \RON - HCB.MVB.CaIif.Docx
-- Page 1 of 3 Pages --
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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 $15,000.00, the warrant to be made
payable to the State Treasury Condemnation Fund and delivered to
the City Attorney to be deposited with the payee as a security for
the Order for Possession Before Judgment authorized.
HEREBY CERTIFY that the foregoing Resolution was passed and adopted
by the Council of the City of Bakersfield at a regular meeting thereof held on
JUN 2 7 2012 , by the following vote:
G>
NOES:
ABSTAIN:
ABSENT:
APPROVED
COUNCILMEMBER SALAS, BENHAM, WEIR, COUCH, HAN N, SULLIVAN, JOHNSON
COUNCILMEMBER Eno
COUNCILMEMBER lMO
COUNCILMEMBER
BERTA GAFFORD, (WC '
Y CLERK and Ex Officio Clerk of the
ouncil of the City of Bakersfield
HARVEY L. HALL, Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO, City Attorney
By
RICHARD IGER
Associate City Attorney
S: \COUNCIL \Resos \11- 12 \RON - HCB.MVB.CaIif.Docx
-- Page 2 of 3 Pages --
CERTIFICATE OF CITY CLERK
I, ROBERTA GAFFORD, Clerk of the City of Bakersfield, certify the foregoing
is the full and true Resolution No. 6 -12, , passed and adopted by the City
Council of the City of Bakersfield at a regular meeting held on June 27, 2012.
• • .
f, >
S: \COUNCIL \Resos \11- 12 \RON - HCB.MVB.CaIif.Docx
-- Page 3 of 3 Pages --
State Route 178 Interchange at
Morning Drive
531 - 010 -55
Drainage Easement
THAT PORTION LOT B AS SHOWN ON LOT LINE ADJUSTMENT NO. 05 -1188
AS EVIDENCED BY A CERTIFICATE OF COMPLIANCE, RECORDED NOVEMBER 1,
2005 AS DOCUMENT NO. 0205303329 OF OFFICIAL RECORDS, DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SECTION 19, TOWNSHIP 29
SOUTH, RANGE 29 EAST, MOUNT DIABLO MERIDIAN;
THENCE SOUTH 000 22' 37" WEST, ON AND ALONG THE EAST LINE OF THE
NORTHEAST QUARTER OF SAID SECTION 19, A DISTANCE OF 261.07
FEET, TO THE TRUE POINT OF BEGINNING;
THENCE (1) SOUTH 00° 22'37" WEST, ON AND ALONG SAID EAST LINE, A
DISTANCE OF 20.07 FEET, TO THE BEGINNING OF A NON - TANGENT
CURVE, CONCAVE TO THE NORTH, HAVING A RADIUS OF 4874.78
FEET AND TO WHICH POINT A RADIAL LINE BEARS
SOUTH 04° 21'41 " EAST, ALSO BEING 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 (2) WESTERLY ALONG SAID CURVE, AND SAID NORTH LINE, THROUGH
A CENTRAL ANGLE OF 040 09'09", AN ARC DISTANCE OF 353.20 FEET;
THENCE (3) SOUTH 890 47'27" WEST, ON AND ALONG SAID NORTH LINE, A
DISTANCE OF 966.53 FEET, TO A POINT ON THE WEST LINE OF SAID
LOT B;
THENCE (4) NORTH 000 29'19" EAST, ON AND ALONG SAID WEST LINE, A
DISTANCE OF 96.38 FEET;
THENCE (5) NORTH 89° 46' 55" EAST, A DISTANCE OF 5.52 FEET;
THENCE (6) SOUTH 510 34' 09" EAST, A DISTANCE OF 122.31 FEET, TO A POINT ON
A PARALLEL LINE LYING 20.00 FEET NORTHERLY OF SAID NORTH
LINE;
THENCE (7) NORTH 89° 47'27" EAST, ALONG SAID PARALLEL LINE, A DISTANCE
OF 864.88 FEET, TO THE BEGINNING OF A TANGENT CURVE,
CONCAVE TO THE NORTH, HAVING A RADIUS OF 4854.78 FEET;
Page 1 of EXHIBIT"
THENCE (8) EASTERLY ALONG SAID CURVE AND SAID PARALLEL LINE
THROUGH A CENTRAL ANGLE OF 040 09'54", AN ARC DISTANCE OF
352.91 FEET, TO THE TRUE POINT OF BEGINNING.
AREA: 0.700 ACRES, MORE OR LESS
ALL DISTANCES ARE GRID DISTANCES. DIVIDE DISTANCES BY 0.99995386 TO
CONVERT TO GROUND DISTANCES.
F. RUES., _
Nit clew $6�
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Page 2 of 2
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Dist. -Co: Rte. 06 -KER- 178 -BKD
EA 06- OC940BL
Parcel No. 531- 011 -21
Cal Trans File No. TBD
April 27, 2012
HCB MVB CALIFORNIA LLC
ATTEN: HILLCREST BANK
11111 W 95TH STREET
OVERLAND PARK, KANAS 66214 -9917
Morning Drive InterchangeMate Route 178 Project
APN 531 -011 -21 (Partial Acquisition)
Formerly APN 531 -010-55
Offer of Just Compensation: $15,000
Dear HCB MVB CALIFORNIA,
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 0.70 acres), see attached
parcel maps. Pursuant to Section 7267.2 of the California Government Code, the City of
Bakersfield offers $15,000 as total just compensation for the property to be acquired and
improvements thereon. Attached for your information is: the Appraiser's Summary of the Basis
for the Appraisal; Certificate of Appraiser; definitions of "Just Compensation" and "Fair Market
Value ". The above offer represents the full amount believed by the City to be just compensation
for your property as determined by Michael Burger & Associates, MAI. The City's determination
of just compensation for the real property to be acquired is based upon their inspection of the
property, sales of comparable properties, and other factors that influence value as of their Date
of Valuation on October 7, 2011. The City's offer is required by law to disregard any decrease
or increase in the fair market value of the property that is caused by the City's interest in the
property to improve the Morning Drive interchange.
As required by California Code of Civil Procedure section 1263.02, the City of Bakersfield shall
reimburse you the reasonable cost of an independent appraisal, up to $5,000 should you wish
to obtain one. The City of Bakersfield will reimburse you the cost of the appraisal with provided
City of Bakersfield - Property Management Division - 900 Truxtun Avenue, #200
Bakersfield - California - 93301
(661) 326 -3479 - Fax (661) 852- 2195 EXHIBIT" � '��
•
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Dist. -Co: Rte. 06 -KER- 178 -BKD
EA 06- OC940BL
Parcel No. 531- 011 -21
Cal Trans File No. TBD
April 27, 2012
HCB MVB CALIFORNIA LLC
ATTEN: HILLCREST BANK
11111 W 95TH STREET
OVERLAND PARK, KANAS 66214 -9917
Morning Drive InterchangeMate Route 178 Project
APN 531 -011 -21 (Partial Acquisition)
Formerly APN 531 -010-55
Offer of Just Compensation: $15,000
Dear HCB MVB CALIFORNIA,
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 0.70 acres), see attached
parcel maps. Pursuant to Section 7267.2 of the California Government Code, the City of
Bakersfield offers $15,000 as total just compensation for the property to be acquired and
improvements thereon. Attached for your information is: the Appraiser's Summary of the Basis
for the Appraisal; Certificate of Appraiser; definitions of "Just Compensation" and "Fair Market
Value ". The above offer represents the full amount believed by the City to be just compensation
for your property as determined by Michael Burger & Associates, MAI. The City's determination
of just compensation for the real property to be acquired is based upon their inspection of the
property, sales of comparable properties, and other factors that influence value as of their Date
of Valuation on October 7, 2011. The City's offer is required by law to disregard any decrease
or increase in the fair market value of the property that is caused by the City's interest in the
property to improve the Morning Drive interchange.
As required by California Code of Civil Procedure section 1263.02, the City of Bakersfield shall
reimburse you the reasonable cost of an independent appraisal, up to $5,000 should you wish
to obtain one. The City of Bakersfield will reimburse you the cost of the appraisal with provided
City of Bakersfield - Property Management Division - 900 Truxtun Avenue, #200
Bakersfield - California - 93301
(661) 326 -3479 - Fax (661) 852- 2195 EXHIBIT" � '��
Offer to Purchase Letter
Page 2
4/27/2012
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,
Charles Webb
Real Property Agent II
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 - HCB MVB
STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION
APPRAISAL SUMMARY STATEMENT
(Form #)
CONFIDENTIAL EXHIBIT
This dcxvment contains; personal information and 8_LX- I SA (REV 6!2010
pursuant to Civil Code 1798.21. it shall be kept )
confidential in order to protect against unauthorized
disclosure. Page I of 7
Dist. Co. Rte. P.M. Parcel No. Federal Aid Project No. Date
-
6M440-65 — ~ I I Aril 6 2012
MVO <.li'kr✓��: -� i.e.C,
Owner: HCB
Property Address: NWC Future Vineland Rd. &
Hwy. 178
Locale: Bakersfield, CA
Total Property Area: 20.021 ac.
:_ lie i i ` Ill 11
5 -S i—ICA 'Z-1
Date Acquired: Proposed
Property to be acquired: Part ® All ❑
Including Access Rights Yes ❑ No
The market value for the property to be acquired by the State is based upon an appraisal prepared in accordance with
accepted appraisal principles and procedures.
Code of Civil Procedure Section 1263.320 defines Fair Market Value as follows:
a) The fair market value of the property taken is the highest price on the date of valuation that would be agreed
to be a seller, being willing to sell but under no particular or urgent necessity for so doing, nor obliged to sell,
and a buyer, being ready, willing, and able to buy but under no particular necessity for so doing, each dealing
with the other with full knowledge of all the uses and purposes for which the property is reasonably adaptable
and available.
b) The fair market value of property taken for which there is no relevant, comparable market is its value on the
date of valuation as determined by any method of valuation that is just and equitable.
Code of Civil Procedure Section 1263.321 defines Fair Market Value as follows:
A just and equitable method of determining the value of nonprofit, special use property for which there is no
relevant, comparable market is as set forth in Section 824 of the Evidence Code, but subject to the exceptions
set forth in subdivision ® 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 Z Updated ❑
Date of valuation: October 7, 2011 . Original ® Updated ❑
Applicable zoning: R-3: Multiple Family Dwelling
Area to be acquired: 0.700 ac.
Highest and best use: Hold until there is demand for residential development.
Current use: Vacant> �,
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 = 0.700 ac.
EXHIBIT
APPRAISAL SUMMARY STATEMENT (Cont.) 8- Ex -15A (REV 6/2010)
(Form #) Page 3 of 7
Value of the Entire Property
$ $500,525
Value of the property being acquired
including the following improvements: Land: $ 15,249
Imps $
$ 15,249
Value of the remainder as part of the
whole before the State's acquisition $ $485,276
Value of the remainder as a separate parcel (cured) $ $485,276
Severance Damages (see page 4):
Cost to Cure Damages:
Incurable Damages:
Total Damages:
Benefits (see page 4):
Net Damages:
N/A
$ N/A
$ N/A
$ 15,249
$ N/A
$ 15,249
The amount of any other compensation: $ N/A
JUST COMPENSATION FOR ACQUISITION $ _ 15,249
Rounded To $ 15,000
Construction Contract Work $ N/A
4
l
EXHIBIT
APPRAISAL SUMMARY STATEMENT (Cont.) S- EX -l5A (RE. v 6/2oio)
(FOM #) Pa c 4 of 7
8z i$XkiJ"449.VvLQq4i
Item Size
N/A
Lump Sum Total
(Narrative Explanation & calculations, if applicable)
Lump Sum Total $
TOTAL DAMAGES $
(Narrative Explanation, & calculations, if applicable)
Lump Sum Total $
NET DAMAGES (Total Damages less Benefits) $
(:i J
c 1R; ,SAL.
EXHIBIT
APPRAISAL SUMMARY STATEMENT (Cont.) 8-EX-15A (RFV 6/2007)
(Form #) P!ge 5 of 7
N/A
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
EXHIBIT
APPRAISAL SUMMARY STATEMENT (Cont.) 8- EX -15A (REV 6/2010)
(Form #) Page 6 of 7
THE FOLLOWING INFORMATION IS BASED ON THE ENTIRE SUBJECT PARCEL
1. The Sales Comparison approach is based on the consideration of
comparable land and improved sales.
Indicated value by Sales Comparison Approach $ 15,000
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 are considered superior locations with downward adjustment warranted. Sale 2 is similar to the
subject with no improvements. Sale 3 is in Northeast Bakersfield, somewhat similar to the subject. It is
affected by a tower line easement and contains sloping topography.
Sales 1, 2, and 3 arc in areas surrounded by residential and commercial development, anticipated for
development within 3 -5 years, superior to the subject. Sale 3 has already been developed.
Based on discussions with multi - family experts, there is little demand for vacant land to develop to
apartments or high density projects. This is similar to the demand for single family land. There were
many multi- family land listings in late 2008 and early 2009 that have been removed from the market due
to lack of activity. Demand has significantly decreased indicated by only five transactions sales in the
last 42 months.
The subject is part of a larger ownership that is currently being marketed for sale. In this regard, there is
approximately 120 acres of land zoned R -1, 63 acres zoned PCD (commercial), and the subject 19 acres
zoned R -3. The current asking price is $2,250,000. The R -1 land is worth about $10,000 /acre, or
$1,200,000. Deducting this from the asking price leaves $1,050,000, or $12,805 /acre to the R -3 and
PCD land. But as a mixed use property and a lender foreclosure, the asking price is in bulk and
discounted. The R -1 is anticipated to be developed first. Due to the long holding period and costs
necessary to extend the road and utilities to the subject, and the fact it is also affected by a 20 -year bond
for infrastructure, market value is estimated at the lower end of the range at $25,000 /ac. As discussed,
the take is for an easement only. Although the property owner will retain fee ownership of the parcolp < A
use will be severely restricted. Therefore, damage to the parcel is estimated at 90 %. As discussd i a
portion of the take parcel is located within an existing roadway easement. Due to this factor;. -it is =7
assigned 10% utility
EXHIBIT
APPRAISAL SUMMARY STATEMENT (Cont.) 8- F,X -1 5A (REV 6/2010)
(Form #) PMc 7 of 7
l
SUMMARY OF RECORDED DATA
OF MULTI - RESIDENTIAL
Date
Instrument
Deed
Assessor's Parcel
Sale
Recorded
Book/Pa a
Grantor
Grantee
Location
1
01/21/10
10 -008113
Castle & Cooke Califomia, Inc.
JEC Panama, LLC, at al
NEC Ashe Rd. /Panama Ln. (SW)
2
03/12/10
10 -032658
Summedand Apartments, LLC
VanderWeerd Investments
SEC Allen Rd./Reina Rd. (NW)
3
05/21/10
10 -067144
Joe & Mona Gergen Fam. Tr.
Earmark Enterprises, Inc.
Bernard St., W. of Oswell St. (NE)
430,373
SWQ Henderson Ave./Newcomb St.
4
02/14/11
11 -008732
United Security Bank
Paul Owhadi
Prtv
These transactions have been verified with buyer, seller or agent. Prices and physical
characteristics are further detailed as follows:
SUMMARY
OF MULTI - RESIDENTIAL
LAND
SALES
Deed
Assessor's Parcel
Cash Equiv.-
Acres
Prlce/Acre
Proposed Units
Zoning
Density
Sole
Date
Number
Sales Price
Sq.1t.
Prlce/S .Ft.
Price/Unit
Site Im
UnWAcre
1
01/20/10
499 - 573 -01
$885,000
9.88
$89,575
140
R -2 PUD
14.2
430,373
$2.05
$6,321
Yes
2
03/10/10
527 -010-02
$1,900,000
17.92
$106,027
307
R -2
17.1
780,595
$2.43
$6,189
No
3
04/02/10
130 - 161-82
$380,000
5.59
$67,979
97'
R -2
17.4
243,500
$1.56
$3,918
Yes
4
02/11/11
245 -070 -082
$1,000,000
21.05
$47,506
297+
RM -2
14.1
916,938
$1.09
$3,367
Yes
maximum density based on zoning
H6
STATE OF CALIFORNIA • DEPAR ENT OF TRANSPORTATION EXHIBIT
SUMMARY STATEMENT RELATING TO PURCHASE OF 8- P,X -16 (REV 2/2(x)7)
REAL PROPERTY OR AN INTEREST THEREIN Page 1 of 2
(Form #)
The California Department of Transportation is proposing to imorovc the Hwy. 178 and Morning Dr.
interchange.
Your property located at the northeast quadrant of Hwy 178 and Morning Dr is within the project area,
and is also identified by your county assessor as Parcel No. 531 - 010 -55.
Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and the
California Relocation Assistance and Real Property Acquisition Guidelines require that each owner from
whom the Department of Transportation purchases real property or an interest therein or each tenant
owning improvements on said property be provided with a summary of the appraisal of the real property or
interest therein, as well as the following information:
1. You are entitled to receive full payment prior to vacating the real property being purchased unless you
have heretofore waived such entitlement. You are not required to pay recording fees, transfer taxes, or
the pro rata portion of real property taxes which are allocable to any period subsequent to the passage
of title or possession.
2. The State will offer to purchase any remnant(s) considered by the State to be an uneconomic unit(s)
which is/are owned by you or, if applicable, occupied by you as a tenant and which is /arc contiguous to
the land being conveyed.
3. AN 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 20.021 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 $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;
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 2 of 2
(Form M
b. The selected appraiser must be licensed with the Office of Real Estate Appraisers (ORF,A)
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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State Route 178 Interchange at
Morning Drive
531 - 010 -55
Drainage Easement
THAT PORTION LOT B AS SHOWN ON LOT LINE ADJUSTMENT NO. 05 -1188
AS EVIDENCED BY A CERTIFICATE OF COMPLIANCE, RECORDED NOVEMBER 1,
2005 AS DOCUMENT NO. 0205303329 OF OFFICIAL RECORDS, DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SECTION 19, TOWNSHIP 29
SOUTH, RANGE 29 EAST, MOUNT DIABLO MERIDIAN;
THENCE SOUTH 000 22'37" WEST, ON AND ALONG THE EAST LINE OF THE
NORTHEAST QUARTER OF SAID SECTION 19, A DISTANCE OF 261.07
FEET, TO THE TRUE POINT OF BEGINNING;
THENCE (1) SOUTH 000 22'37" WEST, ON AND ALONG SAID EAST LINE, A
DISTANCE OF 20.07 FEET, TO THE BEGINNING OF A NON - TANGENT
CURVE, CONCAVE TO THE NORTH, HAVING A RADIUS OF 4874.78
FEET AND TO WHICH POINT A RADIAL LINE BEARS
SOUTH 040 21'41 " EAST, ALSO BEING 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 (2) WESTERLY ALONG SAID CURVE, AND SAID NORTH LINE, THROUGH
A CENTRAL ANGLE OF 040 09' 08 ", AN ARC DISTANCE OF 353.20 FEET;
THENCE (3) SOUTH 890 47' 27" WEST, ON AND ALONG SAID NORTH LINE, A
DISTANCE OF 966.53 FEET, TO A POINT ON THE WEST LINE OF SAID
LOT B;
THENCE (4) NORTH 000 29' 18" EAST, ON AND ALONG SAID WEST LINE, A
DISTANCE OF 96.38 FEET;
THENCE (5) NORTH 890 46'55" EAST, A DISTANCE OF 5.52 FEET;
THENCE (6) SOUTH 51- 34'09- EAST, A DISTANCE OF 122.31 FEET, TO A POINT ON
A PARALLEL LINE LYING 20.00 FEET NORTHERLY OF SAID NORTH
LINE;
THENCE (7) NORTH 89° 47'27" EAST, ALONG SAID PARALLEL LINE, A DISTANCE
OF 864.88 FEET, TO THE BEGINNING OF A TANGENT CURVE,
CONCAVE TO THE NORTH, HAVING A RADIUS OF 4854.78 FEET; `<
Page 1 of 2
THENCE (8) EASTERLY ALONG SAID CURVE AND SAID PARALLEL LINE
THROUGH A CENTRAL ANGLE OF 04° 09' 54 ", AN ARC DISTANCE OF
352.91 FEET; TO THE TRUE POINT OF BEGINNING.
AREA: 0.700 ACRES, MORE OR LESS
ALL DISTANCES ARE GRID DISTANCES. DIVIDE DISTANCES BY 0.99995386 TO
CONVERT TO GROUND DISTANCES.
F. RUFjr
42
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Page 2 of 2
CITY OF BAKERSFIELD
CERTIFICATE OF APPRAISER
1 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 $15,000 ; and that such
conclusion was derived without collusion, coercion or direction as to value.
Dated: ' - i C —
Michael C. Burger
k ; i�'�_aiNvAL