HomeMy WebLinkAboutRES NO 072-12RESOLUTION NO. O 72- 1 2
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: 531 - 011 -06 (previously 531 - 010 -25) in Bakersfield, California, and more
particularly described in Exhibit "1," attached hereto and incorporated herein
by reference (the "Property "), be acquired for the Project; and
WHEREAS, notice of the hearing for this Resolution of Necessity was mailed
to all record owners of the Property. At that hearing, all record owners had the
opportunity to appear and be heard on the matters referred to in California Civil
Procedure section 1240.030 in compliance with California Code of Civil
Procedure section 1245.235, and, on the date and at the time and place fixed
for hearing, this City Council heard and considered all of the evidence
presented.
NOW THEREFORE, be it resolved by the City Council of the City of
Bakersfield, based on applicable law and the whole record concerning this
matter, including, but not limited to, the accompanying staff report, which is
hereby made a part of this Resolution, as follows:
1. The City of Bakersfield hereby finds, determines, and declares the
following:
(a) The public interest and necessity require the proposed Project;
(b) The proposed Project is planned or located in the manner that
will be most compatible with the greatest public good and the
least private injury;
S:\ COUNCIL\ Resos \ 11 -12 \ RON - Promotora.docx
June 5, 2012
-- Page 1 of 3 Pages
(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 $88,000.00, 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 yp» , by the following vote:
COUNCILMEMBER SALAS BEIVHAM, WEIR, COUCH, HANSON, SULLIVAN, JOHNSON
NOES: COUNCILMEMBER
ABSTAIN: COUNCILMEMBER l9-ry
ABSENT: COUNCILMEMBER in
APPROVED
JUN 2 7
HARVEY L. HALL, Mayor
APPR ED AS TO FORM:
VIR INI GENNA , Ci Att n y
By
ANDREW HEGLUN
Deputy City Attorney
S: \COUNCIL \Resos\ 11- 12 \RON - Promotora.docx
June 5, 2012
BE RTA GAFFORD, CUd
CLERK and Ex Officio Clerk of the
ouncil of the City of Bakersfield
-- Page 2 of 3 Pages --
,,n;
CERTIFICATE OF CITY CLERK
I, ROBERTA GAFFORD, Clerk of the City of Bakersfield, certify the foregoing
is the full and true Resolution No, Driz- /X.passed and adopted by the City Council
of the City of Bakersfield at a regular meeting held on June 27, 2012.
S: \COUNCIL \Resos\ 11- 12 \RON - Promotora.docx
June 5, 2012
-- Page 3 of 3 Pages --
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State Route 178 Interchange at
Morning Drive
531- 010-25
Joint Utility Easement
THAT PORTION OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF SECTION
18, OF TOWNSHIP 29 SOUTH, RANGE 29 EAST, MOUNT DIABLO MERIDIAN, IN THE
CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, DESCRIBED
AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHWEST QUARTER;
THENCE SOUTH 89 03924" EAST, ON AND ALONG THE SOUTH LINE OF SAID
SOUTHWEST QUARTER, A DISTANCE OF 893.17 FEET, TO THE TRUE
POINT OF BEGINNING;
THENCE (1) NORTH 510 16' 34" WEST, A DISTANCE OF 97.88 FEET;
THENCE (2) NORTH 680 20'29" WEST, A DISTANCE OF 92.01 FEET;
THENCE (3) NORTH 880 44' 17" WEST, A DISTANCE OF 225.49 FEET;
THENCE (4) NORTH 420 31' 52" WEST, A DISTANCE OF 85.61 FEET;
THENCE (5) NORTH 08° 02'28- WEST, A DISTANCE OF 26.49 FEET;
THENCE (6) SOUTH 420 31152" EAST, A DISTANCE OF 101.04 FEET,
THENCE (5) SOUTH 880 44' 17" EAST, A DISTANCE OF 221.79 FEET;
THENCE (6) SOUTH 680 20'28" EAST, A DISTANCE OF %.95 FEET;
THENCE (7) SOUTH 51 ° 16' 34" EAST, A DISTANCE OF 119.07 FEET, TO A POINT ON
SAID SOUTH LINE;
THENCE (8) NORTH 890 39' 24" WEST, ON AND ALONG SAID SOUTH LINE, A
DISTANCE OF 24.16 FEET, TO THE TRUE POINT OF BEGINNING.
AREA: 0.179 ACRES, MORE OR LESS
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Dist.-Co.-Rte. 06 -KER- 178 -BKD
EA 06- OC9408L
Parcel No. 531 - 011 -07819
Cal Trans File No. 86718 -1
May 3, 2012
PROMOTORA JARDINES DEL EDEN CORPORATION
ATTEN: MARTIN ROMERO MURO
3511 UNION AVENUE
BAKERSFIELD, CA 93305
Morning Drive Interchange/State Route 178 Project
APN 531 -011-06 (Partial Acquisition)
Previous APN 531 -010-25
Offer of Just Compensation: $88,000
Dear PROMOTORA or property 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 (which was recently
purchased from Citizens Business Bank) 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.
The City previously 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 (appro)dmately 8.879 acres), see
attached parcel maps. Pursuant to Section 7267.2 of the California Government Code, the City
of Bakersfield offers $88,000 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' n
to obtain one. The City of Bakersfield will reimburse you the cost of the appraisal with provided _ t'
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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
5/2/2012
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 this property required
for the interchange. Please call me to discuss further any aspect of the project or property
acquisition. Thank you again for your consideration in this project.
Sinter
C arles 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 - Citizens Business Bank
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STATE OF CALIFORNIA • DEPARTMENT OF TRANSPOR'T'ATION
APPRAISAL SUMMARY STATEMENT
(Form #)
CONFIDENTIAL
This document contains personal infanudon and
Pursuant to Civil Code 1798.21, it shall be kept
confidential in order to protect against unauthorized
EXHIBIT
8- EX -ISA (REV 6/2010)
1 of 7
Dist. Co. Rte. I P.M.
Parcel No. Federal Aid Project No.
Date
531-010-25
.,
4/6/12 '
Owner: Date Acquired:
c Rc thYa RSA S�R�tat.S 7ci 1✓ t.D%;.i
Property Address: NEQ Morning Dr. & Hwy. 178 Property to be acquired:
Locale: Bakersfield, CA
Total Property Area: 81.552 ac.
Proposed
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 C of Section 824 of Evidence Code.
The market value for the property to be acquired by the State is based upon Code of Civil Procedure Section 1263.20
as defined above.
Interest valued: Fee Simple
Date of inspection: October 7, 2011 Original ® Updated ❑
Date of valuation: October 7, 2011 Original ® Updated ❑
Applicable zoning: R -1: One Family Dwelling
Area to be acquired: 8.700 ac. fee take, 0.179 ac. easement, 0.057 temporary construction easement
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 #) 2 of 7_
Total Area = 8.879 ac.
Item size
None
Lump Sum Total = $
c
EXHIBIT
APPRAISAL SUMMARY STATEMENT (Cont.) 8— EX -15A (REV 6/2010)
(Foam #) 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
$ (see page 6)
$ (see page 6)
$ (see page 6)
Value of the remainder as a separate parcel (cured) $ (see page 6)
Severance Damages (see page 4): N/A
Cost to Cure Damages: $ $10,000
Incurable Damages:
Total Damages:
Benefits (see page 4):
Net Damages:
The amount of any other compensation
JUST COMPENSATION FOR ACQUISITION
$ N/A
$ N/A
$ N/A
$ N/A
$ N/A
$ 88,000
Rounded To $ 88,000
Construction Contract Work $ N/A
c.
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EXHIBIT
APPRAISAL SUMMARY STATEMENT (Cont.) 8- Ex -15A (REV 6/2010)
(Form #) P e4of7
Item
Map Redesign and Revision fees
Lump Sum Total
(Narrative Explanation & calculations, if applicable)
Lump Sum Total
(Narrative Explanation, & calculations, if applicable)
Lump Sum Total
NET DAMAGES (Total Damages less Benefits)
Size
$ 10,000
$
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EXHIBIT
APPRAISAL SUMMARY STATEMENT (Cont.) 8-EX- I 5A (REV 6/2007)
(Form #) Page 5 of 7
N/A
1.
2.
3.
4.
5.
6.
7.
S.
9.
10.
EXHIBIT
APPRAISAL SUMMARY STATEMENT (Coot.) 8- EX -15A (RF.V 6/2010)
(Form #) Pagc 6 of 7
TIME FQLDOWIIJG INFORMATION IS HMED ON THE ENTIRE fiT NECT EA E
1. The Sales Comparison approach is based on the consideration of
comparable land and improved sales.
Indicated value by Sales Comparison Approach $ see below
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
Sates range from $3,846 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 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. This is lower than the current sale price as some improvements have been completed on
the remainder of the property. Further, although the owner will retain ownership of the easement take
parcel, use will be severely restricted. Therefore, the loss of rights for the easement parcel is estimated
at 90 %. As discussed, portions of the fee take parcel are located within existing roadway and slope
easements. Due to this factor, these areas are assigned 10% utility. Further, costs to cure as already
discussed are also considered.
Additionally, although a portion of the temporary construction easement is located within an existing
slope easement, this area will be completely unavailable to the owner during the construction period,
which is estimated to last nine months. Therefore, full consideration is given the temporary
construction easement. In this regard, the City plans to construct a temporary, non - exclusive
construction easement along the take area, as shown on the enclosed maps. The temporary easement
is only in effect until completion of construction. The property owners are entitled to compensation
during the interim for use of the real estate. Related compensation is determined from fair market rent
of the property. Annual land rent is achieved by multiplying the land value by a set interest rate.
Investigation of ground leases in the greater Bakersfield area indicates rental rates are often based on
desired rates of return ranging from 6-8% of property value. Higher rates of return are for commercial
properties in high visibility locations. In consideration of location of the parcel and physical restrictions,
fair market rent is projected on an 8% rate of return on property value. Therefore, values are
summarized as follows:
Fee Take Parcel
Unencumbered Portion 6.030 ac. aQ $12,000 /ac. = $72,360
Encumbered Portion 2.670 ac. Q $12,000/ac. x 10% = $3,204
Total
Round To
Easement Take Parcel
Unencumbered Portion 0.179 ac. @ $12,000 /ac. x 90% = $1,933
Round To $1,900
Temporary Construction Easement
Fair Market Value 0.057 ac. @ $12,000 /ac. _ $684
Market Rate xx 8%
Fair Market Rent Compensation $ 55
Duration of Rent (9 mos. = .75 years) x 0.75
Total Fair Market Rent
Round To
Total just compensation is therefore summarized as follows:
Fee Take Parcel $76,000
Easement Take Parcel $1,900
Fair Market Rent $100
Cost to Cure $10.000
Total Just Compensation $88,000
$75,564
$76,000
$41
$100
t
EXHIBIT
APPRAISAL SUMMARY STATEMENT (Coat.) 8- EX -15A (REv 6/2ofo)
(Form a) Page 7 of 7
SUMMARY OF RECORDED DATA
Dab
Instrument
Cash Equiv.
Size
Price/
Sale
Recorded
BooIrIP
Grantor
Grantee
Lood ion
A
12131/07
07- 253770
Case Azul Land
KRP Panama, LLC
Panama Ln., west of Stine Rd. (SW)
B
04/10/08
08- 055518
Bakersfield Innovations
Noss Merin, LLC
Kern Canyon Rd. (NE)
C
06/26/08
08- 101506
Ennis Homes, Inc.
VIC -NIC Vi, LLC
SEC Berkshire/Stins (SW)
B
04103108
533-012 -38
$900,000
40.24
NEC Panama/Old River (SW)
D
06118/08
W- 097087
KB Home Sacramento, Inc.
85 Harvest Moon, LLC
SWQ Hwy.176/Affrod Harrell (NE)
E
07/07/08
08- 106358
Bakersfield Panorama, LP
BHT — Bakersfield MH, LLC
NWC McCutdwn/Progrsss (SW)
F
04/13/09
09. 051818
DOA Properties V, LLC
Stine Road Properties, LLC
SWC Sarkshire/SlIne (SW)
G
06/10/09
09 -083908
Comerica Bank
Hai 8 Won Chen
Panorama Dr., west of Momirg Dr. (NE)
H
01/20/10
10-007558
Westamerke Bank
Hawn 8 Sophia Hanaseb
Hwy. 178, east of Miromonte Dr. (NE)
1
04/30110
10-056309
Wachovis Bank
Vander Weerd Investments
SWC Paindhro Dr., Morning Dr. (NE)
J
03117/11
11 -031578
River City Bank
Kem Resources, LLC
E. of Morning Dr., N. or Hwy. 178 (NE)
K
03/30/11 1
11-041772 1
PremierWest Bank
Pegs Ranch LLC I
W. of Morning Dr. N. of Paladino Dr. NE
Prices and physical characteristics are further detailed as follows:
SUMMARY OF PHYSICAL CHARACTERISTICS
Cash Equiv.
Size
Price/
Pried
LOW
Saba
Dead DNs
Assessor's Parcel Number
Sates Prim
Aare
Acre
Lob
Lot
Acre
ZonMa
A
12!26/07
538-010-05
$2,000,000
55.84
$35,186
230
$8,696
4.05
R -1
B
04103108
533-012 -38
$900,000
40.24
$22,366
172
$5,233
4.27
R -1
C
06/11/08
515-040 -01, 497 -010-05
$1,457,500
57.84
$25,199
236
$6,176
4.08
R -1
D
06/13108
367- 180-33
$765,000
19.91
$38,423
85
$9,000
4.27
R -1
E
0710101
540-010-20,21,22,24
$548,000
30.00
$18,267
137
$4,000
4.57
R -1
F
04107/05
538-020 -05
$1,100,000
72.41
$15,191
308
$3,571
4.25
R -1
G
06/04109
437- 010 -36,59,63,65,88,71
$650,000
46.38
$14,015
192
$3,385
4.14
R -1
H
01/11110
386- 050 -09, 387 -020-18
$1,100,000
92.90
$11,841
364
$3,022
3.92
R -1
1
04127/10
437 -010-43
$1,100,000
78.87
$13,947
281
$3,915
3.56
R -1
J
03109N1
531 -010-13
$565,000
57.96
$9,748
239
$2,384
4.12
R -1
K 1
03/25/11 .436-002-03,16,18,29,30
$W,000
147.00
$3946
371
$1,563
2.52
R-1
A
83.67
'$15.3721
238
--N,1171
1
-i.umwanve Average
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STATE OF CALIFORNIA • DEPAR._..ENT 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 imerovc the Hwy. 178 and Morning Dr.
interchanae.
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 -25.
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/am owned by you or, if applicable, occupied by you as a tenant and which is/are contiguous to
the land being conveyed
3. All buildings, structures and other improvements affixed to the land described in the referenced
document(s) covering this transaction and owned by the grantor(s) herein or, if applicable, owned by
you as a tenant, are being conveyed unless other disposition of these improvements has been made.
The interest acquired is Fee Simple. The property being purchased comprises a portion of a vacant
parcel containing 81.552 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;
5�
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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 (UREA)
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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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 $88,000 ; and that such
conclusion was derived without collusion, coercion or direction as to value.
Dated:
Michael C. Burlier
ci'
FD. 4" BRASS CAP MONUMENT
PER TRACT N0. 5167
I W 1/4 CORNER SECTION 16
T29S.. R29E.
S89.34'41 "E (2)
63 29'
N89.29'58 "W 2669.66'
I I 501.43'25 "W (3) 15.44
! I i 500.40'55 0W (4) 93.80'
�I
542.4 '27 "E (5)
42.21
!! I
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2ggpp
l± ! $7.3pp
1'06 "E (6)
I !
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! I I
S! I !
II SSpp
It 924517'02 "E (7)
! I I ! ggpp p
• II I i SSggpp ppgg
� �� I 1 138•A3�50 "E I9)
N
i
II ! i
w
ORIGINAL PARCEL
(GROSS) 81.552
M11 I !
N
op 1
AC
ORIGINAL PARCEL
e
1 i I
•
zI!
II ! !
I 1
AC
II I
II i
II ! I
8.700
I�1
TAKE (N)*
�
I
! I I
AC
1q• PACIFIC
6.030
II I ! TELEPHONE
TAKE (N)1l"
II ( I BK. 5297, PG. 2500
it I r
AC
If I !
II i
I! !
!
i ?. �. 4UL!ki;l
i i H ;.1 O AOLr'.'
FD- 1" IP.
RCE 16714
ON 7" NO REF.
CENTER OF
SECTION 18
T29S.. R29E. I
I
LEGEND
RESTRICTED ACCESS ►(Il(1(111111
PROJECT RIGHT OF WAY
EXISTING EASEMENT - - - - - --
SECTION BOUNDARY - - —
PARCEL
SSECTION CORNER AS DESCRIBED
AREA TABLE
ORIGINAL PARCEL
(GROSS) 81.552
AC
ORIGINAL PARCEL
(NET)* T7.364
AC
ORIGINAL PARCEL
(NET)*w 76.295
AC
ORIGINAL PARCEL
(NET)*" 76.131
AC
TAKE (G)
8.700
AC
TAKE (N)*
7.022
AC
TAKE (N)**
6.030
AC
TAKE (N)1l"
6.030
AC
REMAINDER (G)
72.852
AC
REMAINDER (N)*
70.342
AC
REMAINDER (N)w*
70.265
AC
REMAINDER IN)"* 70.101
AC
w LESS ROADWAY EASEMENTS
** LESS ROADWAY AND SLOPE EASEMENTS
S2 110* LESS ROADWAY, SLOPE AND
46.86'20 "E 110) UTILITY EASEMENTS.
1``I'��- R?W TDEED
II ! ? BK. 5937. PC. 1923
II I
II
11 35' SCOPE EASEMENT
I i LPoe 8K. 6439, PG. 6$'
I 1
I
!
i
5D8 pZ
SCALE: COU�1? Y ROA) -
161.80' 28 "E ( 11 ) 1 "= 200, NC. 912 1'.
852611'52 "E(12) n /
JACS88.44'17 "E 225.49' (13) +A//
568.20'28 "E 92.01' (14)
,Ar- S51.16' 34 "E 97.88' (/15) /1
N89.39'23 "W 893.17' (16)
FD. 2" BRASS CAP MONUMENT S89.39'24 "E 2678.05'
LS 3707. SW CORNER OF S g J AL F AL FA
SECTION 18, T29S.. R29E. A N 1-131 - O1 Q -27
NOTE: Bearings and distances based on SR1T8 Control Survey by PSOMAS
performed 10/10/11 to 10/18/11 All distances are grid distances.
Divide distances by 0.99995386 to convert to ground distances.
QpOFESSr A portion of the SW quarter of Sec. 18.
p �4� T. 29 S.. R. 29 E.. M.D.B.M.
BASIS OF BEARING
WiAaG F. RMTTGE THE BEARING OF S590 39' 24 0E - AS THE A, , <-.
SOUTH LINE OF THE SOUTHWEST QUARTER
a
NO- 1 5361
OF SECTION 18
# Exp•3 -31-13
V �F`p .1 `6
CAL 46.1' iJ —'� llsir� ..� 4-- 3
c- ttDrawmg 3,Ptots.,s3i•Vtp- 25.srie
FD. 3" BRASS CAP
MONUMENT, LS 1091
PER PM 11322
S 114 CORNER
SECTION 18
T29S.. R29E.
a
u,
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of
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MORNING DRIVE b STATE ROUTE 1T8
Right -of -Way Acquisition Map
Mat
a. MJ W
LAN
State Route 178 Interchange at
Morning Drive
531 -010 -25
THAT PORTION OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF SECTION
18, OF TOWNSHIP 29 SOUTH, RANGE 29 EAST, MOUNT DIABLO MERIDIAN, IN THE
CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, DESCRIBED
AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID SOUTHWEST QUARTER;
THENCE (1) NORTH 00° 40' 55" EAST, ON AND ALONG THE WEST LINE OF SAID
SOUTHWEST QUARTER, A DISTANCE OF 1329.38 FEET, TO THE
NORTH LINE OF THE SOUTH HALF OF SAID SOUTHWEST QUARTER;
THENCE (2) SOUTH 890 34'41 " EAST, ON AND ALONG SAID NORTH LINE, A
DISTANCE OF 63.29 FEET;
THENCE (3) SOUTH 010 43'25" WEST, A DISTANCE OF 15.44 FEET;
THENCE (4) SOUTH 00° 40' 55" WEST, A DISTANCE OF 93.80 FEET;
THENCE (5) SOUTH 420 42127" EAST, A DISTANCE OF 42.21 FEET;
THENCE (6) SOUTH 000 OT 06" EAST, A DISTANCE OF 207.31 FEET;
THENCE (7) SOUTH 040 2T 02" EAST, A DISTANCE OF 92.51 FEET;
THENCE (8) SOUTH 220 03' 08" EAST, A DISTANCE OF 55.07 FEET;
THENCE (9) SOUTH 50° 09'50" EAST, A DISTANCE OF 138.43 FEET;
THENCE (10) SOUTH 23° 11'20" EAST, A DISTANCE OF 468.86 FEET;
THENCE (11) SOUTH 080 02' 28" EAST, A DISTANCE OF 161.80 FEET;
THENCE (12) SOUTH 42° 31'52" EAST, A DISTANCE OF 85.61 FEET;
THENCE (13) SOUTH 880 44' 17" EAST, A DISTANCE OF 225.49 FEET;
THENCE (14) SOUTH 68° 20' 28" EAST, A DISTANCE OF 92.01 FEET;
Page 1 of 2
c;
i/
THENCE (15) SOUTH 51- 16' 34" EAST, A DISTANCE OF 97.88 FEET, TO A POINT ON
THE SOUTH LINE OF SAID SOUTHWEST QUARTER;
THENCE (16) NORTH 89° 39'23" WEST, ON AND ALONG SAID SOUTH LINE, A
DISTANCE OF 893.17 FEET, TO THE TRUE POINT OF BEGINNING.
AREA: 8.700 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, OVER AND ACROSS COURSES (12) THROUGH (151
DESCRIBED HEREINABOVE.
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State Route 178 Interchange at
Morning Drive
531 - 010 -25
Joint Utility Easement
THAT PORTION OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF SECTION
18, OF TOWNSHIP 29 SOUTH, RANGE 29 EAST, MOUNT DIABLO MERIDIAN, IN THE
CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, DESCRIBED
AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHWEST QUARTER;
THENCE SOUTH 89 039'24" EAST, ON AND ALONG THE SOUTH LINE OF SAID
SOUTHWEST QUARTER, A DISTANCE OF 893.17 FEET, TO THE TRUE
POINT OF BEGINNING;
THENCE (1) NORTH 510 16'34' WEST, A DISTANCE OF 97.88 FEET;
THENCE (2) NORTH 680 20'29" WEST, A DISTANCE OF 92.01 FEET;
THENCE (3) NORTH 880 44' 17" WEST, A DISTANCE OF 225.49 FEET;
THENCE (4) NORTH 420 31' 52" WEST, A DISTANCE OF 85.61 FEET;
THENCE (5) NORTH 080 02' 28" WEST, A DISTANCE OF 26.49 FEET;
THENCE (6) SOUTH 420 31' 52" EAST, A DISTANCE OF 101.04 FEET;
THENCE (5) SOUTH 880 44' 17" EAST, A DISTANCE OF 221.79 FEET;
THENCE (6) SOUTH 680 20'28" EAST, A DISTANCE OF 96.95 FEET;
THENCE (7) SOUTH 51-16- 34" EAST, A DISTANCE OF 119.07 FEET, TO A POINT ON
SAID SOUTH LINE;
THENCE (8) NORTH 89° 39'24" WEST, ON AND ALONG SAID SOUTH LINE, A
DISTANCE OF 24.16 FEET, TO THE TRUE POINT OF BEGINNING.
AREA: 0.179 ACRES, MORE OR LESS
Page 1 of 1
C`�
_ _ _ N89.29' 58 "W 2669-66' -0-
FD. 4" BRASS CAP MONUMENT 11 >i1': C' F < <`, �i.; `:; :;,;I <i;4 L ,. �. FD. 1 "IP
PER TRACT 0. 5167 �. 'f. - ,; <' ' ? RCE 16714
CENTER OF
W 1/4 CORN R SECTION 18 S89 °34'41 "E (1) SECTION 18
T29S.. R29 I�299.01' T29S.. R29E.
- J_.... T1
S69' 4' 41 "E
63 29' 1 1 �---' S01043' 26 "W 14.56'
i POB O- --+ (2 )
(11) N01 °43'25 "E y
1 15.68' ! ^ .- N89.34' 40 "W (3 )
o) I 1 19.03'
I I Q,
I
�a0ol I�
e
w 1 111
LEGEND
RESTRICTED ACCESS 1111111111111
PROJECT EASMENT BOUNDARY -- - - - - --
EXISTING EASEMENT -- - - - - --
SECTION BOUNDARY - - EXISTING PARCEL -- ---
SSECTION CORNER AS DESCRIBED
! 10 1 18
1001 1N
i IzI I I S42.42'27 0E (5)
,Ij� ! 42.13'
I ul
10 FEET
AREA TABLE
I \
6) N42.42' 217 "W _,"p*\
ORIGINAL PARCEL
(GROSS)
81.552
AC
ORIGINAL PARCEL
(NET)*
78.641
AC
TAKE (EASEMENT)
(G)
0.057
AC
TAKE (EASEMENT)
(N)a1
0.020
AC
REMAINDER (G)
81.495
AC
REMAINDER (N)*
78.621
AC
UTILITY EASEMENTS
i w
N cc
I \
6) N42.42' 217 "W _,"p*\
W
i 1 421.21 ' \
1_
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e� to
.II 1`o
f I I I
i w
51) R5
.g F, —AND
I
I z�l I APB.!
i .•.'1�
531-010-25
! � 11
,
ll)"rAQIf IC 7Et.EPi�014t:.
i ! SK, 5 ,197, PC, 2500 I 5S47•2 ' 49 "W (7 )
54
i !
i _
_ .
._55'STF.E�T R/W 0—CEELD
- _
8K. 5937. P0. 1923
I
i
! I 35' SLOPE EASEMENT
1t - ---�- - - --
SK. 6039, r%. 681
i
F0. 2" BRASS CAP MONUMENT S89 039'24 "E 2678.05'
LS 3707. SW CORNER OF
ALFALFA
SECTION 189 T29S.. R29E.
-
NOTE:
V D F. MlETTI
No. 15369
* E %p.3 -31 -13
OF C41.1t
ao
Ala h. 5,)1 —U! 0 -27
Bearings and distances based on SR178 Control Survey by PSOMAS
performed 10/10/11 to 10/18/11 All distances ore grid distances
Divide distances by 0.99995386 to convert to ground distances.
A portion Of the SW quarter of Sec. 18.
T. 29 S.. R. 29 E., M.D.B.M.
BASIS OF BEARING
THE BEARING OF S890 39' 24 'E - AS THE SOUTH LINE OF THE SOUTHWEST QUARTER
SCAL4E:
v'
Ln
LO
N
W '
a �
11Y
O I0
o'
z,
,
FD. 3" BRASS CAP
MONUMENT. LS 1091
PER PM 11322
S 1/4 CORNER
SECTION 16
T29S.. R29E.
/ OF SECTION 18 MORNING DRIVE b STATE ROUTE ITS
P,
._,r
TenWary Construction Easmim t Mop
aum" •rs K TL un$ 0
om*. RS &B L AI
'"" 531- 010 -25
State Route 178 Interchange at
Morning Drive
531 -010 -25
Temporary Construction Easement
THAT PORTION OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF SECTION
18, OF TOWNSHIP 29 SOUTH, RANGE 29 EAST, MOUNT DIABLO MERIDIAN, IN THE
CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, DESCRIBED
AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHWEST QUARTER;
THENCE NORTH 00 040 -55" EAST, ON AND ALONG THE WEST LINE OF SAID
SOUTHWEST QUARTER, A DISTANCE OF 1329.38 FEET, TO THE NORTH
LINE OF THE SOUTH HALF OF SAID SOUTHWEST QUARTER;
THENCE SOUTH 89° 34'41 " EAST, ON AND ALONG SAID NORTH LINE, A
DISTANCE OF 63.29 FEET, TO THE TRUE POINT OF BEGINNING;
THENCE (1) SOUTH 890 34'41 " EAST, ON AND ALONG SAID NORTH LINE, A
DISTANCE OF 29.01 FEET;
THENCE (2) SOUTH 010 43126" WEST, A DISTANCE OF 14.56 FEET;
THENCE (3) NORTH 890 34'40" WEST, A DISTANCE OF 19.03 FEET;
THENCE (4) SOUTH 000 40' 55" WEST, A DISTANCE OF 90.99 FEET;
THENCE (5) SOUTH 420 42' 27" EAST, A DISTANCE OF 42.13 FEET;
THENCE (6) SOUTH 00° OT 06" EAST, A DISTANCE OF 70.46 FEET;
THENCE (7) SOUTH 470 29' 49" WEST, A DISTANCE OF 13.54 FEET;
THENCE (8) NORTH 000 OT 06" WEST, A DISTANCE OF 75.69 FEET;
THENCE (9) NORTH 420 42127" WEST, A DISTANCE OF 42.21 FEET;
THENCE (10) NORTH 00° 40' 55" EAST, A DISTANCE OF 93.80 FEET;
Page 1 of 2
THENCE (11) NORTH 01- 43' 25" EAST, A DISTANCE OF 15.68 FEET, TO THE TRUE
POINT OF BEGINNING.
AREA: 0.057 ACRES, MORE OR LESS
ALL DISTANCES ARE GRID DISTANCES. DIVIDE DISTANCES BY 0.99995386 TO
CONVERT TO GROUND DISTANCES.
f• Flu#
O
w olm
Page 2 of 2 K`�°�