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RES NO 043-13
RESOLUTION NO. 043— 1 3 CITY OF BAKERSFIELD 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 in northeast Bakersfield, and to promote the public welfare and safety, the City of Bakersfield has required (Improvement Agreement No. 12 -116) that Rio Bravo Investment Group develop and construct Morning Drive south of State Route 178 to College Avenue (the "Project "); and WHEREAS, the Project requires right -of -way, slope, and drainage easements across a portion of property immediately adjacent to the Project (the "Easements "); and WHEREAS, the public interest and necessity require that the Easements, commonly described as a portion of APNs 533 - 011 -07, 08 and 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, the City of Bakersfield has provided the record owner of the Property with notice and 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 did hear and consider 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: �0AKF9 S:\ C0UNCIL\ Resos\ 12- 13 \RON.MorningDr.S &JAlfalfa.docx -- Page 1 of 4 Pages -- o OW"IN1AL (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; (c) The property sought to be acquired 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 required 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; and 4. The Finance Director is hereby authorized and directed to draw its warrant in the amount of $6,600.00, 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. SICOU NCI I-Vesos\ 12- 13 \RON.Morning Dr.S &JAlfalfa.docx -- Page 2 of 4 Pages -- r— m v `- O ORIGINAL HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council II'' 1 20 City of Bakersfield at a regular meeting thereof held on , by the following vote: ✓ AYES: COUNCILMEMBER [VACANTl,MAXWELL, WEIR, SMITH, HANSON, SULLIVAN, JOHNSON COUNCILMEMBER r ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER 4J d ROBERTA GAFFORD, C CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APR 171013 APPROVED By 'HA- RVEY . HALL Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By A DREW HEGLU Deputy City Attorney AH:Isc S: \COUNCIL \Resos\ 12- 13 \RON.MorningDr.S &JAlfalfa.docx -- Page 3 of 4 Pages -- F- m ORIGINAL CERTIFICATE OF CITY CLERK I, ROBERTA GAFFORD, Clerk of the City of Bakersfield, certify the foregoing is the full and true Resolution No. C2�Y3:2 A , passed and adopted by tt City Council of the City of Bakersfield at a regular meeting held on the l day of April, 2013. 4��& X41-cle ROBERTA GAFFORD, CM S: \COUNCIL \Resos\ 12- 13 \RON.MorningDr.S &JAlfalfa.docx -- Page 4 of 4 Pages -- A1(F9 f= m U r ORIGINAL Exhibit 1 o`` 6 AkF9 P, r- ORIGINAL Page I of 3 0 LZGAL j K ROAD AND SLOIB AND DtRAIIUM $ASRAWr 57108M l01enam Or = =a sm Or •9it.?IOr 19, i M 29 IODi7l, Y1fii 29 WJT, MOAT' DXMW MSUM M IN !Mi CM Or fAIMUrIQMD, CM.W or ran Cr =URN=. am PwIms or mum 1; f A1D : iS Or Y11Cd '1wr 10. - 11322 AS eeclit O1 or ran IM: Ma 33 piers 178 .so 204 ==Mug or PAN= Wig in "a Off= or seM CDOMr! •07 "In O=w AsCRIWD A8 A 1MO1:1 m rQIvLM., pi1tM�lli As ' rtl0os'�ISt� Co181iR or YID am= 19, lAYC! 1. ATOM !A MMS!' LT3D OF= eoD:Me'no QODIDR or YID BMLTIOM 19 VW1R 00034"23v .'W M! 2647.98 YS! TO TY 188! QMWM CORER Or MID SMCI'ICM 19P T88NCi . 2. ALGA !'A no wo Or GOR1'IiR .Or SAID amen= 19 MOM 00 34• S4• YS! 711.01 MW TO M COR1ot or M' MICRI8M0 • IN =D . =DOWMD m 01 OW 08, 2008 AS W. 0208159434 Or OMCUL M1008D5, IR 2Ai on= Or = • COAi'Y =008biR• Or YID em"Y1 s5>1NCs 3. • 4f&V!M YID 818! LM AW ALOMI ifi UmTmu pRAA011TIOM Or IM' SOO'i11MLY WE OF Lilr!'i' YID LUD 500!1 89'25129' Ys: 49.83 4. rMVIMS AUD i1fWMMT PFAi0N81'W= SO= 030001439 VW 169.38 =no ! S. IODSI! 07031.090 f58! =74.09 rails S'MM S. SOOlM 00'33.49' ■M •98.51 1TRT1 TiiNCI: 7. 3000 12'67137" MM 48.63 MWs i7188Ci 1. 5001'8 19021.19' Uff 47.22 '!1891 lMiMCi 9. S00'1M 19'061 38' 1581 99.16 rail 21Afi.7 10. 50018 13'02.19' >ii181 74.19 MW; ssslci ZAAMEN"m O wwumzft%N ss.20 1p F— m �?,t�INAL Pege• 2 of 3 11. BOOTH 060490'12" WT 96.14 FHETj TRENCH 12. SOUTH 02.06027" EAST 99.24 FHET, TRENCH .23. SOOTS 04x'01'34" WHAT 180.74 FEET, THENCE 14. SOUTH 00'27103" NUT 62.22 IVXf; TRENCH 15. BOOTS 03.10001" EAST 82.14 FEHTj TRUCE 16. 80018 08'14.49"' HIM 106.18 FEHT, THENCE 17. SOO1H 02.30'13" HIM 52.35 FHXT, THENCE 18. NORTH 80.03'26" HIM 42.83 FRET, TBINCH 19. BOOTS 65056'09" EAST 18.55 Fill; THENCE 20. BOOM 43010'50" NEST 44.41 FEET, TRUCE 21. • BOOTH 00059.12' NUT 53.92 FHET, THUM 22. SOUTH 16.48'40" WHET 6B.30 FHET; TRUCE 23. BOOTH 35'30122" NUT 35.83 PUT; TRUCE 24. SOUTH 00042109" NEST 74.21 MT, TRENCH 25. BOOTH 22012132" WHAT 78.68 PUT, THENCE 26. BOOTH 17955100" EAST 37.53 FRET, TRENCH 27. SOOTS 02'05131" EAST 127.51 FEET; TREI,CE 28. SOUTH 04.22113' NUT 469.83 FEET; TRENCH 29. SOUTH 38'24'04" HART 82.11 FEET, THENCE 30. BOOTH 08.20841" NUT 55.12 FEET, THENCE 31. SOUTH 05.21'32" NUT 111.67 FENT, THENCE 32. SOUTH 09'24124" EAST 75.17 FRET; TRUCE 33. SOOTS 05'33113" NUT 96.76•FHET, THENCE 34. SOUTH 16.32.49" WEST 37.00 FEET; THUM 35. SOUTH 13052'29' EAST 67.82 FHNT, THENCE 36. SOUTH 01042116" HABT 94.80 FIST; THENCE 37. SOUTH 01'58039" WEST 31.95 FHETj TRUCE 38. SOOTS 16'39.08' EAST- 19.93 FRET, THENCE 39. SOUTH 03041'36" EAST 15.23 FRET; TIMM 40. BOOTH 12'16.05" EAST 20.97 FEET, TRENCH 41. SOUTH 34'16137' EAST 36.54 FEET, THE= 42. SOUTH 1421'46" BAST 37.67 FEET, TRENCH 43. SOUTH 09032'19" EAST 114.60 FEET] TRUCE C) `< 6 A �F9 C � T r- ��� "?/GINAL Page 3 of '3 44-. 00'12F 36"' MRST 65.00 MW To R POINT 011 THi 800TH Lnn or SKID BOOTHNBST QIMRTSR or SOCTION 19 DISTW THE BOOTH 09'67026N ZRBT 119..55 rANT "M THS POINT of B>;6IIIwmo 65. ALONG LRST MID BOOTH Lin NORTH 99.67 #26" MAST 119.55 MT To m POINT Or BUINNIXG. COMINIIIG 139,167 8Q01122 PINT OR 3:19 Ann, NOR= OR L18S. seWaaN%o m v0CsVAQw%MMZvZj@%lM 11 %a m.9m O A /Qq 21 F_ rn ca)INAL PAGE 1.or.a EIk9Drl W FOR ROI1D MID SLOPE AND DRAIN M IN THE CI1Y OF BARMFMD - - - -� . an,Nry ec Itom STATE ROUTE 178 T2w RM MDA. f 0AK, 9q t m U � ORIGINAL COLLEGE AVENUE f •:x:• : .. .. . : ...... war KW IFF4 M- 19 533 -011 -M PIWCEI. z PM 113@E SOUTH LSE SW 1/4 SE1CI m - 19 j —P.QB. SW am Orr mH 10 i rA% RM MAIM. O� ,�, A Kt�'9`� -n L' m U 4 OR)G1NAl PACE Z OF 5 • EASEMMT FOR ROAD AND SLOPE AND DRAINAGE SEE PAGE 3 f PAMM I i j r 533 - 011-0 COLLEGE AVENUE f •:x:• : .. .. . : ...... war KW IFF4 M- 19 533 -011 -M PIWCEI. z PM 113@E SOUTH LSE SW 1/4 SE1CI m - 19 j —P.QB. SW am Orr mH 10 i rA% RM MAIM. O� ,�, A Kt�'9`� -n L' m U 4 OR)G1NAl i o i i r i j i r I z O COLLEGE AVENUE f •:x:• : .. .. . : ...... war KW IFF4 M- 19 533 -011 -M PIWCEI. z PM 113@E SOUTH LSE SW 1/4 SE1CI m - 19 j —P.QB. SW am Orr mH 10 i rA% RM MAIM. O� ,�, A Kt�'9`� -n L' m U 4 OR)G1NAl EASIMA NT FOR ROAD AND SLOPE AND DRAINAGE SEE FM 4 1 s off-77-1 m Z": 3rd MKI-M V-71, , ] tsi PAM I FV 113U &1"1 -07 Q33 i-08 PAIM Z FM 113@2 PAOE 3W8 r- m U r 4 ORIGINAL DA MOo' I WA e"07-00" 1 1 I I I I i� I� I� I� I 1 I I I I I 1 1 I I li I' Ij 1� f� I I I 1 r PAGE 4 W 5 EAS MEyVT FOR ROAD AND SLOPE AND'DRAMrrAOE INIMI' Hu, Nor m t• PMIiCFI 1 PM tim 5M -011 -017 HIM ti m U r ORIGINAL !1Y am WsT osoel6>N3� -!� W -M-20a as ! SUM 10-1w . 1 I o I I i o r I 1kQ 610% 006-01 ( 1 • I j I I o . j Z, I J � MYES� 1./4 COR. ' LION 10 SECTM is 1/4 _I I PAOE S OF b EMW F.--,. AM 2M AM COMAM W W 19 rat am MAK PARCE L 15 FM lim .tx HIGHLAND KN �� � � � r • -}. , t'T ^ice OLLS �- i i PARCEL 1 PM 11322 i s33- 011-07 p� ®AKF9 p R U r ORIGINAL DM Off FOR PUBW $MEET AND MOMY FLgrm4 IN ?HE C Y OF BAKWAFELD _, CGIAM OF KM � •� STATE ROUTE T ! APP 4M-80-0 Pam v � i pm "M WA PIMZ 1 OF 1 178 an-M aFep -u ISM 18 ----- - - - - -- ��' Mr. MAK EAST MP ML"f= 84 pms UK. R M.D.11 AN POM 1 m� "''01'07 Na�mNrK>�io�� 1�1N16 N w -on-e� 01 gAKF9 = m U 0 ORIGINAL Exhibit 2 oI 6 A lf,6 T } Fn- ORIGINAL CITY ATTORNEY VIRGINIA GENNARO DEPUTY CITY ATTORNEY Joshua H. Rudnick Andrew Heglund ASSOCIATE ATTORNEY Richard Iger SW ALFALFA, INC. 16 Halsey Avenue Petaluma, CA 94592 �unrgvai�y��� � �!oiarrruNl CITY OF i .., TRUXTUN AVENUE FLOOR FOURTH BAKERSFIELD, CA 93301 TELEPHONE: 661-326-3721 FACSIMILE: 661-852-2020 February 1, 2013 MIMI MOK, AGENT FOR SERVICE 715 N. Spaulding Avenue Los Angeles, CA 90046 Easement Necessary for Construction of Morning Drive South of State Route 178 APN 533 -011 -07, 08 & 25 (Partial Acquisition) Offer of Just Compensation: $6,600 Dear SW Alfalfa or property representative: The City of Bakersfield (City) is working with Rio Bravo Investment Group to construct Morning Drive south of State Route 178 to College Avenue (the "Project"). Part of the Project requires street, slope, and drainage easements across a portion of your property that is adjacent to the Project (the "Easements "). Specifically, the Easements are required on approximately 3.19 acres of your property (see attached diagram). Pursuant to Section 7267.2 of the California Government Code, City hereby offers to purchase the Easements for $6,600 in total just compensation, which represents the full amount believed by City to be just compensation for your property as determined by Kyle K. Estle, MAI, with Dallis Higdon and Associates, an independent real estate appraisal firm. The determination of just compensation for the Easements is based upon an inspection of the property, sales of comparable properties, and other factors that influence value as of the Date of Valuation on January 11, 2013. 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 City's interest in the property to construct Morning Drive. As required by California Code of Civil Procedure section 1263.025, the City of Bakersfield will reimburse you up to $5,000 for the reasonable cost of an appraisal of the Easements by an independent appraiser licensed by the Office of Real Estate Appraisers, should you wish to obtain one. To get reimbursed, you must demonstrate that your appraisal was completed, and provide the City with an invoice for the appraisal. a� 6 AKF9 � N _ti T Fn U 1-- ORIGINAL Offer to Purchase Letter Page 2 February 1, 2013 I have attached the following for your information: 1) Appraiser's Summary Statement; 2) Certificate of Appraiser; 3) Brochure entitled "Your Property Your Transportation Project"; and 4) Acquisition Map and Legal Description. If possible, please sign and date this letter below and return a copy in the envelope enclosed. We look forward to working with you in this matter. Please feel free to call me if you have any questions. Thank you again for your consideration. Very truly yours, ANDREW HEGLUN Deputy City Attorney Telephone: (661) 326 -3686 Fax: (661) 852 -22020 Email: ahealund(&- bakersfieldcitv.us AH:dll Enclosures: 1. Appraisal Summary Statement 2. Certificate of Appraiser 3. Brochure — "Your Property Your Transportation Project" 4. Acquisition Map and Legal Description Property Owner or owner representative acknowledges receiving this offer to purchase his property and the enclosures. Date: Signature: SAPublic Works% ED. Devin% Momingdr%Offor2Purchase.SBJ.Dom c� g A /(F p 9J, f" m � O ORIGINAL STATE OF CALIFORNIA s, DEPARTMENT OF TRANSPORTATION APPRAISAL SUMMARY STATEMENT (Form #) COMDg1`1T1SL� This &==A contains pmsonal iofamadon and purauant to Civil Code 1798.21, it shall be kept c— fidm6d in order to protect against aoau&mimd disclosure. EXHIBIT B 8- EX -15A (REV 6/2010) Page 1 of 7 Dist. Co. Rte. P.M. Parcel No. Federal Aid Project No. Date 533 -011 -07, 08 and 25 01/11/2013 Owner: S & J Alfalfa Property Address: SEQ Morning Dr & Hwy 178 Locale: Bakersfield, California Total Property Area: 311.56 Acres BASIS OF VALUATION Date Acquired: Proposed Property to be acquired: Part ® All ❑ Including Access Rights Yes ❑ No The market value for the property to be acquired by the State is based upon an appraisal prepared in accordance with accepted appraisal principles and procedures. Code of Civil Procedure Section 1263.320 defines Fair Market Value as follows: a) The fair market value of the property taken is the highest price on the date of valuation that would be agreed to be a seller, being willing to sell but under no particular or urgent necessity for so doing, nor obliged to sell, and a buyer, being ready, willing, and able to buy but under no particular necessity for so doing, each dealing with the other with full knowledge of all the uses and purposes for which the property is reasonably adaptable and available. b) The fair market value of property taken for which there is no relevant, comparable market is its value on the date of valuation as determined by any method of valuation that is just and equitable. Code of Civil Procedure Section 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 126320 as defined above. BASIC PROPERTY DATA Interest valued: Fee Simple Date of inspection: January 11, 2013 Original ® Updated ❑ Date of valuation: January. 11, 2013 Original ® Updated ❑ Applicable zoning: R -1, Single - Family Residential Area to be acquired: 3.19 Acres of which 2.82 Acres are within existing Right -of -Way Highest and best Use: Future Residential Development Current use: Vacant �c � AKFq >. T ? =Y m p ' -)RIGINAL EXHIBIT APPRAISAL SUMMARY STATEMENT (Cont.) 8- Ex -15A (REV 6/2010) (Form #) Page 2 of 7 AREAS WITHIN THE RIGHT OF WAY Sub - parcel Area Total Area = 3.19 Acres EUPROVEWNTS WITHIN THE RIGHT OF WAY Item Size None Lump Sum Total = $ � gAKF9 � N y -c� M U r ORIGINAL EXHIBIT APPRAISAL SUMMARY STATEMENT (Cont.) 8- EX -15A (REV 6/2010) (Form #) Page 3 of 7 Value of the Entire Property Value of the property being acquired including the following improvements: Value of the remainder as part of the whole before the City's acquisition Land: Imps: 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: The amount of any other compensation: JUST COMPENSATION FOR ACQUISITION Construction Contract Work $ 3,115,000 $ 6,600 $ n/a $ 6,600 $ 3,108,400 d. $ 3,108,400 n/a $ n/a $ 6,600 $ n/a O��AKF9cP r_ m U r— ORIGINAL ENMIT APPRAISAL SUMMARY STATEMENT (Cont.) 8- Ex -15A (REV 6/2010) (Form #) Page 4 of 7 COST TO CURE DAMAGE ITEMS Item n/a Lump Sum Total SEVERANCE DAMAGES INCURABLE DAMAGES (Narrative Explanation & calculations, if applicable) Lump Sum Total TOTAL DAMAGES BENEFTrS (Narrative Explanation, & calculations, if applicable) Lump Sum Total NET DAMAGES (Total Damages less Benefits) Size $ n/a $ n/a $ n/a - o��AK�9T s F' r � O ORIGINAL EXHIBIT APPRAISAL SUMMARY STATEMENT (Cont.) 8- EX -15A (REV 6/2010) (Fom #) Page 5 of 7 CONSTRUCTION CONTRACT WORK ITEMS 1. None 2. 3. 4. 5. 6. 7. 8. 9. 10. m r 0 :3HfC,3'1NAL F-) EXH031T APPRAISAL SUMMARY STATEMENT (Cont) 8- Ex -15A (REV 6/2010) (Form #) Page 6 of 7 THE FOLLOWING INFORMATION IS BASED ON THE PARTIAL ACQUISITION ONLY 1. The Sales Comparison approach is based on the consideration of comparable land and improved sales. Indicated value by Sales Comparison Approach See attached sheet for principal tiramsactions. 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 Land (estimated by direct sales comparison) Indicated value by Cost Approach 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 SUMMARY OF THE BASIS FOR OF JUST COMPENSATION $ 3,115,000 $ n/a % n/a $ n/a Sales 1, 2, 5, and 6 are the most comparable, overall, and range from $8,929 to $13,947 per acre. After analysis of the sales, the subject larger parcel is assigned a unit value of $10,000 per acre which indicates an overall value as follows: 311.56 x $10,000 /Acre = $3,115,000 (RND) The property being taken is a 3.19 acre strip along the front of the site that is irregular in shape. As a road, slope and drainage easement, the fee owner will effectively lose all utility of the land within the easement area. As noted, however, 2.82 acres of the easement area is located within an existing right -of -way. The utility of this portion is already severely impeded. Therefore, the loss in value to the portion within the existing right -of -way is estimated at 10 %. The value of the part acquired is as follows: A /Q9 T U p ORIGINAL EXHIBIT APPRAISAL SUM34ARY STATEMENT (Cont.) 8- EX -15A (REV 6/2010) (Form #) Page 7 of 7 Unencumbered Portion: 0.37 Acres X $10,000 /Acre = $3,700 Encumbered Portion: 2.82 Acres x $10,000 /Acre x 10% = 2 820 (RND) $6,600 LIST OF PRINCIPAL TRANSACTIONS - VACANT Sales Sale 1 Sale 2 Sale 3 Sale 4 I.ocatron SEC Paladin & Morning SWC Paladin & Grand Canyon SEC Paladin & Grand Canyon NWC Paladin & Morning Date of Sale 07/02/2012 06/28 /2012 04/10/2012 03/30/2011 Doc 8%52 82554 47114 41772 Sales Price $505,000 $800,000 $406,000 $580,000 Site Size ( Acres ; 56.56 79.86 76.3 148.53 Pnce PerAcre $8,929 $10,018 $5,321 $3,905 Location Sale 5 Sale 6 Sale 7 Locatton'.' Panama, E. of Union Ave SWC Morning & Paladin Highway 178 & Miramonte Dr Date of Sale 12/29/2010 04/30 /2010 01/15/2010 Doc # 181490 56309 6096 X84 $525,000 $1,100,000 $1,100,000 Site Size". Acres ; 48.32 78.87 92.86 Price Pa's $10,865 $13,947 $11,846 m O zp ORIGINAL STATE OF CALIFORNIA • DEPARTMENT Ur TRANSPORTATION EXHIBIT B SUMMARY STATEMENT RELATING TO PURCHASE OF S -EX -16 (REV 2/2007) REAL PROPERTY OR AN INTEREST THEREIN Page 2 of 2 (Form #) The California Department of Transportation is proposing to improve the High M 178/Morning Drive interchanfze. Your property located in the SEQ of Highway 178 and Morning Drive is within the project area, and is also identified by your county assessor as Parcel Nos. 533 -011 -07, 08, and 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 requires 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/( 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 a fee simple interest. The property being purchased comprises 3.19 acres and is 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 Appraisal Summary Statement and such amount: a. Represents the full amount of the appraisal of just compensation for the property to be purchased; b. Is not less than the approved appraisal 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; 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. O`` 9 A kFq Fn r— P.1(1 4 NAL i STATE OF CALIFORNIA • DEPARTNfisf OF TRANSPORTATION EXHIBIT B SUMMARY STATEMENT RELATING TO PURCHASE OF 8 -EX -16 (REV 2/2007) REAL PROPERTY OR AN INTEREST THEREIN Page 2 of 2 (Form #) 6. The owner of a business conducted on a properly 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 Califomia 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 Highway Code Sections 104.2 and 104.12 o`` g AKF9� T M v r' ORIGINAL 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 street, drainage, and slope purposes. 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 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 11th day of January 2013 is $6,600; and that such conclusion was derived without collusion, coercion or direction as to value. Dated: 01/15/2013 (Signature of Appraiser) d, Z (Name printed) Kyle K Estle MAI p, A K�c� T M AIGINAL Your. property Your transpoHation project 81 �AK��s r U p O .9TVGINAL x- z `� 0130" INTRODUCTION This booklet was prepared for you as a person who may be affected by a proposed public transportation project. If it is your property that is involved, you may have wondered what will happen. Who will contact you? How much will you be paid for your property? Who will pay your moving costs? Will the City help you find a new place to live? Important questions like these require specific answers. We hope this booklet will answer some of your questions and present a better picture of our overall procedures. This brochure was written by the California Department of Transportation and modified to reflect that the City of Bakersfield (City) is the lead agency of the Westside Parkway Project. As such, the City will be the public agency responsible for the acquisition of the properties necessary for this project. Why does a public agency have the right to buy my property? Our State and federal constitutions recognize the need for public agencies to purchase private property for public use, and provide appropriate safeguards to accomplish this purpose. State and federal constitutions and the Uniform Relocation Assistance and Real Properly Acquisition Policies_ Act authorize the purchase of private property for public use and assure full protection of the rights of each citizen. The responsibility for studying potential sites for a transportation project rests with a team of specially trained individuals selected to do this important job. Many months are spent in preliminary study and investigation to consider possible locations for a project. Consideration of the environmental elements and social effect are as much a part of location determination as engineering and cost. Participation by private citizens and public agencies is actively sought so that various views can be considered in the study process. The process includes public hearings which give persons an opportunity to express their views on the locations being considered The California Department of Transportation is composed of many specialists. Among these are: Stat4ticLns Determine how we wish to travel and where we desire to go. This includes studies of existing traffic patterns, " origin- destination" surveys and user benefits. Economists Determine whether the proposal project location is economically sound They research and analyze the effects produced by similar projects upon other communities. Environmentalists Evaluate the effect of the proposed project on social and environmental factors. Advance planners predict the transportation needs of the future based upon available statistics. Page 1 F- m U p ORIGINAL Dedp esi&een Recommend the type of transportation project which will be of the most benefit to the public. They prepare design plans and determine which properties will be needed for the project. Relocation speclalists Make early studies of the needs of the persons who will have to be relocated and the kind of replacement housing which will be required. A detailed replacement housing plan will be completed before the Department requires anyone to move. As a result of this team effort, the beat possible location for a transportation facility is selected. The particular location is selected after thorough social, economic, engineering, and environmental analysis, as well as consideration of expressed public desires. The goal is the greatest public good and the least private injury or inconvenience while rendering the best possible service. Who-will contact me? Appraisal and purchase of properties needed for this - on facility is the responsibility of the City of Bakersfield. The City provides a Relocation Assistance Program for businesses and persons who must nave because of a project. A Right of Way Agent from the City will assist you and give you general information about the project. One of the first persons you will meet is an appraiser collecting valuation data in your neighborhood. The appraiser will analyze your property and examine all of the features which contribute to its value. Information about improvements you have made and any other special features that you believe may affect the value of your property should be given to the appraiser to ensure a fair value is assigned to your property. It is the duty of the City to ensure that you receive the same price which you would receive if you sold your property privately in the open market. The City cannot buy your property for more than it is worth, but it can and will assure you that you do not have to sell your property for less than its fair market value. If the property is an owner - occupied residential property containing no more than four residential units, California law provides that the owner, upon request, may review a copy of the appraisal upon which the offer is based. What advantage is there in sdUng your property to the City? A real estate purchase by the City is handled in the same way as any private sal"f property. However, there can be financial advantages in selling to the City. The City will pay fair market value for your property. The City also will pay for the preparation of all documents, all title and escrow fees, a policy of title insurance, recording fees and such other fees as may be required for the conveyance of title to the City of Bakersfield Since this is a direct conveyance of real property from the .property owner to the City, there are no real estate commissions involved, and the City will not recognize or pay any such real estate commissions. Page 2 ©�gAKF9� r V C1 ORIGINAL A private ode will usually cost around $14,000 for sales expenses. There are no seller's expenses in a sale to the City. Additionally, you may be eligible for relocation payments and benefits when you move. (These benefits are described in supplemental booklets which will be provided to you.) Will I be paid for Ion In value to my remaining property? When only a part of your property is needed, every reasonable effort is made to ensure that you do not suffer a financial loss. The total payment by the City will be for the property the City purchases and for any loss in value to your remaining property. The determination of any loss in value is an appraisal problem involving variables in which a brief explanation might not adequately cover all situations. Should this situation be involved, the City representative will fully explain the effect of a part purchase on your remaining property. May I retain and move my home; business building; machinery; or equipment? The representative who has been assigned to buy your property will help you to determine whether you can or should move your house to another location, if this is what you wish. If your house is movable and you wish to make such an arrangement, the City will pay you on the basis of the market value of your present lot including landscaping, plus the reasonable cost of moving the building. There are .cases, because of age, size or condition of the house, where the cost of moving it would exceed its present market value less its salvage value. In such a case, payment of moving cost would of course be an unwise expenditure. If you operate a business, you may wish to keep and move fixed machinery and equipment. Additionally, as owner of a business conducted on the property to be purchased, you may be entitled to compensation for the loss of goodwill. If any of these concepts are applicable to your situation, they will be fully explained by the right of way agent assigned to purchase your property. Will I have time to select another home after the City makes Its purchase? The; City starts to appraise properties early enough so that you will have ample time to move Prior to project construction. Like any other real estate transaction, it requires a month or two to close escrow after a right of way contract and deed have been signed. You will not be required to move until reasonable replacement housing is available. If you donut want to buy another home right away, you may sell to the City and rent back temporarily. It is in your beat interest, however, to look for a new place in which to live as soon as possible. Finding a home early, that best suits your needs, before you are required to move will minimize your, personal inconvenience and you will avoid having to make a choice of housing under pressure when you are required to move. If you wish, the City will, at no cost to you, provide you with assistance in finding a new place in which to live. The City will give you at least 90 days notice in writing before asking you to move. Page 3 U O ORIGINAL 9 What happens to the loan on my property? After you and the City have agreed upon a price, a City representative will contact all other parties having an interest in the property. Payment to satisfy outstanding loans or liens will be made through a title company escrow as in any other real estate transaction. What will happen to my GI or Cal -Vet loan? The Veterans Administration and the California Department of Veterans Affairs allow your veteran loan privileges to be transferred and to become available for coverage on another property- Your right of way representative will assist you; however, it is to your benefit and it is your responsibility to check with the Veterans Administration or the California Department of Veterans Affairs for procedural instructions. If the value of my property is higher today than when I purchased It, do I have to pay Income tax on this difference when I convey to the State? According to the Internal Revenue Service, the sale of property to a governmental agency for public purposes comes under the definition of an "involuntary conversion ". In these cases, it is not necessary to pay income tax or capital gains tax if the money you receive is used to buy a similar property within a limited period of time. In every case, however, you should check with your local Internal Revenue Service office. Will I lose the favorable tax ban I now have under the provisions of Proposition 13? Section 2(d) of Article XIIIA of the California Constitution and Section 68, Rule 462.5 of the Revenue and Taxation Code generally provide that property tax relief shall be granted to any real property owner, who acquires comparable replacement property after having been displaced by governmental acquisition or eminent domain proceedings. You will be given a copy. of Rule 462.5 with an attached page showing examples of how to calculate estimates of the tax relief you may be eligible for. These are only approximations. You must see your County Tax Assessor for a final determination. Note: Revenue and Taxation Code Section 68, Rule 462.5, G.1 through G.4, set forth time limits that may affect your eligibility to retain your favorable current real property tax status. The City's right of eminent domain. Sometimes, when private property is required for public purposes, the owner and the City cannot agree on the terms of sale. Our earnest hope is to avoid a proceeding in eminent domain with the added time, concern and cost to everyone. In cases where negotiations have reached an impasse and possession of the property is .required in order to allow the project to proceed to construction, the City must resort to the use of the eminent domain process. About 20 percent of the Department's transactions statewide require eminent domain proceedings, with the remainder being settled through negotiations. Page 4 oF15A /(, x � L' m U r ORIGINAL An owner's rights are garenteed by the feddwd and Slaw contentions and qpNcsbk State laws. The principal right is that just compensation must be paid. When that are indications that agreement on the purchase of your property cannot be reached, the City will initiate condemnation proceedings. The City staff will request authority from the Bakersfield City Council to file a condemnation action. You will be given an opportumity to appear before the City Council at a public hearing to question whether public interest, necessity, planning and location require the proposed project and your property. The City Council does not hear arguments regarding valuation. Condemnation suit documents will be prepared by the City and filed with Kern County Superior Court. Summons and complaint will then be served on all persons having a property interest in the parcel. The Persons served must answer within 30 days. Counsel for the parties will then prepare for trial, and the court will set dates for preliminary motions and the trial. What happens In a condemnation trial? The purpose of the trial is to determine the amount of compensation. Usually the trial is conducted before a judge and jury . Both the property owner and the City will have the opportunity to present evidence of value. The jury will determine the amount of compensation after being instructed as to the law by the judge. In those cases where the parties choose not to have a jury, the judge will decide the amount of compensation. The judgment is then prepared by counsel and signed by the judge. It will state that, upon deposit of the amount of the verdict with the court for the benefit of the properly owner, title will be transferred to public ownership. When the City makes the deposit as required by the judgment, the final order of coM - nmation is signed by the judge and recorded. This is the actual transfer of title. Who pays the condemnatbn trial costa? The City pays the costs of its attorney and its engineering and appraisal witnesses. It will also pay the jury fees and certain of your incidental costs which am determined by law to be allowable costs. The fee for filing your answer with the court is an example of such costs. If the judge feels that the City's offer of settlement was unreasonable . and the demand of the property owner was reasonable viewed in light of the verdict, the property owner may receive litigation expenses. The judgment is then prepared by counsel and signed by the judge. If I want a trial, most I have an attorney and expert witnesses? Most property owners will be represented by an attorney, although they have the right to represent themselves. Page 5 O� F9N� � m O ORIGINAL. You may wish to consult your family attorney. If you do not have one, in many communities the yellow pages of the telephone directory will refer you to an attorney reference service. You and your attorney must decide what type of case you will present and what witnesses will be needed. Will I be paid any moving expenses or any other relocation assistance benefit even though I go to court? A decision to go to court has no effect on your right to moving expenses. Payment of moving expenses is made separately from the condemnation action. You will be provided details of additional assistance to help displaced persons, businesses, farms or nonprofit organizations in finding, purchasing or renting, and moving to a new location. These are explained in various booklets prepared for homeowners, tenants, business and farm operators and are made available by the City. How long can I keep my property? This usually depends on when construction will begin. If the trial is conducted before the property is needed for construction, you may stay on the property and rent from the City. If construction must begin before the trial, the City will seek a court order for possession. The court will determine the proper amount of money which the City will be required to deposit with the State Treasurer as security for the purchase price of your property. The court may then grant to the City an order for possession allowing the City to use the property for construction of the project. The City will serve all persons having the property interest in your property with the order, for possession. Generally, the law requires the owner be given 90 days notice of the City's intention to take possession before the City may occupy your property. Subject to the rights of any other Persons having a property interest, you may withdraw all or part of the security deposit. If you do not make a withdrawal, the City will pay interest on the eventual court award of compensation from the time it occupied your property until the date of final payment to you. The current legal rate of interest will be paid at the time of final settlemeaL The City's representative assigned to purchase your property will assist you in the transaction and will be happy to answer any additional questions you may have. Page 6 �AKF9 Fn ti Op►G►n►d J Q:? OM DRFINMONS The language used in telation to eminent domain proceedings may be new to you. These are some terms you may hear and their general meaning. Acquire - To purchase. Answer -The property owner's written reply, in appropriate legal form, filed with the court in response to the complaint and as requested by the summons. City - City of Bakersfield Compensation - The amount of money to which a property owner is entitled under the law for the purchase or damage to the property. Complaint - The document filed with the court by the State which initiates an eminent domain pain& Condemnation - The legal process by which a proceeding in eminent domain is acconsplished. Counsel - An attomey or attorneys. Eminent Domain - The right of government to purchase private property for public use. Final order of condemnation - The instrument which, when recorded, transfers title to public ownership. Judgment - The court's formal decision based on applicable law and the verdict. Loss of goodwill - A loss in the value of a business caused by the City's acquisition of property that cannot be reasonably prevented by relocation of the business or the owner adopting prudent or reasonable steps that preserve the value of the business goodwill. Market value - The fair market value of the property taken is the highest price on the date of valuation that would be agreed to by 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 fiill knowledge of all the uses and purposes for which the property is reasonably adaptable and available. Parcel - Usually means the property that is being acquired Plaintiff - The public agency that desires to purchase the property. Ponealon - Legal control, to have the right to use. Property - The right or interest which an individual has in land, including the rights to use or possess. Property is ownership; the exclusive right to use, possess or dispose of a thing. Page 7 of e A AF,' t T U r- ORIGINAL r Y�. Right of entry - An agreement between an owner and the State which allows the State to utilize the property while continuing to negotiate the terms of settlemem. Interest, calculated at the current legal rate, is included in the settlement upon conclusion of the transaction. State - The State of California acting through the Department of Transportation. Summons - Notification of filing of a lawsuit in eminent domain and of the necessity to file an answer or other responsive pleading. Title - Legal ownership. Trial - The hearing of the facts from plaintiff and defendant in court, either with or without a jury - Verdict - The amount of compensation to be paid for the property. STATE OF CALIFORNIA BUSINESS, TRANSPORTATION AND HOUSING AGENCY DEPARTMENT OF TRANSPORTATIQN DIVISION OF RIGHT OF WAY AUGUST 1995 CITY OF BAKERSFIELD FINANCE DEPARTMENT ADMINSTRATIVE SERVICES PROPERTY MANAGEMENT MAY 2003 This is an informational pamphlet only. It is not intended to give a complete statement of all state or federal laws and regulations pertaining to the purchase of your property for a public use, the relocation assistance program, technical legal definitions, or any form of legal advice. PAGE S o� �AKF9 h M U r ORIGINAL EXHIBIT "D" EASEMENT FOR ROAD AND SLOPE AND DRAINAGE IN IME CITY OF SAKERS - -- F EW COUNTY OF KERN I - STATE ROUTE 178 I I • ----------- _ -�- - -- mw W-MI.0 Pl' 'r ="I-W I !f rw mu PAGE 1 .x 11 DACE: 8-27 -2012 W.O. 8107 - 006-01 WEST' HALF SE1CM 10 r^ I= M.D.Y. O`� 6 AkFgN I_ T v mi °�lc�,vAe EXHIBIT 01)" EASEMENT FOR ROAD AND SLOPE AND DRAINAGE SEE PAGE 3 PARCEL I PM 11322 533-011-07 SCALE: 1*-I00' DAM 8-27-2D12 IM Lit) Z 0 ........ ...... — — — — — — - - - - -J WEST HALF SWWN 19 T208, IMF, MJML 533-011-M 322 PAPUL 2 PM 11 COLLEGE AVENUE - - - - - - - - - - - PACE 2 OF 5 . . ........ ?a —00 LINE SW 1/4 SEM 19 L f—P.O.B. sw colt SW= 19 rA% RM M.O.M. A rn . 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SECWN 19 WEST LINE9SW 1/4 —i W# PAGE S OF 5 r EXHIBIT "D" EASEMENT FOR ROAD I AND SLOPE AND DRAINAGE I I I i F ✓, A 0]!T PARCEL FM yr 533-011-25 MIMI u I © ri� ... ,�•?�i� © N ® 1 _j La We �.•;,•....� �r�- HIGHLAND KNOLLS :G PANEL 1 I PM 11322 �I 533- 011-07 Elm �c � AKFq 0 T m 0 ORIGINAL I Page 1 a.f 3 I P. 01 )),r, ROAD AND UM AND.DRAIIdA(M BASOWWfl' TM089 PORTIONS or TO NEST HAW OF 9=1010 19, TOIINSHIP 29 SOOT$, RA 29 EAST, mom Dzuw EERIDIAN IE THE CITY or EAE urnLD, COONTY or EERN, STATE of CALIPIOENIA T00li M NITS PORTIONS Or P11KWA 1, 2 AND 15 of PAECEL EAP NO. 11322 As BOOM ON MR P' XD 10 MOM 55 P1{OE5 178 TO 204 IHCLO:?M, or zum MAPS Ill TSE OP'3'ICi OP = COOMTY RECORDER O! SAID CMITY U38=120 An A WHOM AS iOLLON8: SlaillI90 AT THE 80OTMOST 00� or SAID samal 19) THRHCS L Mom Tom lass LIME O!. TAE scam EST Q� 08 RAID SECTION 19 MORTS 00.341.23- MOT 2647.98 P'EE'P TO THE NEST QMUM CORNER Of RAID S3 =ON 191 THEMCE 2. MAW TIM 11887 LIME OF THE NO9S'SN M QOAAl9R OF SAID SECTION 19 NORTS 00034 #54" 9AST 711.01 MET TO T89 800TON'UFTMY COONER OF T= LAND D9sCR sM = O9MD FMORDSD OC'1"OMMR 08, 2008 AS INSTiS�EN'1' 110. 0208159434 OF OMCM RECORDB, IN T8E' OMC9 Or TS9 COOMTY it8COR09R OP BALD COOETYI THEMC9 3. . LMAVING SAID REST LINE AND ALM MM BRITI Y PllOLO9a11TION O! TH9 SOOTMlLY Lift O! LAST SAID LAND OWN 89'25129' =BT 49.83 PM9T1 '!'HENCE ' 4. LMAVno SAID EA8TMY PRM M WION SOOTS 03900''43' NEST 168.38 rom T8ENC9 5. BOOTS 07.31109• NEST 274.09 PEMT1 THENCE 6. 804TH 00'33149• WENT •95.51 PEBT1 THENCE 7. BOOTS 12057.37• EAST 48.63 MW; THENCE 8. BOOTS 19'21 "190 MAST 47.22 MW; TBi- 9. SOMM 19'06035" NEST 99.16 FSMT1 TH8NCs 10. SOOTS 13'02119" EAST 74.19 PMETt THENCE r- m U � d ORIGINAL,. 0 A K4 I- m U � O npit`,IKIAI Page 2 of 3 11. SOUTH 06049112" 8885 96.14 P88TI Tza 12. 8000 OM60 $7"' UST 99.24 MTj TS8NC8 13. BOOM 04001034"' VIST 100.14 P88Ti TS88C8 14. 800Th 000271030 NBST 62.22 P88Ti T®ICi 15. SOUTH 03010101"' 8886 82.14 JUT: TSSNCE 16. SOUTH 08'14149"' HIM 106.18 P88T/ TS8NC8 17. 800TH 02'50 "13"' BUT 52.35 FIST; TSSNCS 18. N081TH 80'03.26" RAST 42.83 PaTi TS8wC6 19. SOME 65056,09" VAST 18.55 PS8'1'O T1 20. SOOTS 43.10 "50' NBST 44.41 Pali TRENCH 21.•SOUTH 00.59112" N88T 55.92 P88Ti Ta1R 22. SOUTH 16.48" 40' MIST 68.50 MW; THEM 23. SOUTH 33030 1220 HOT 35.83 P88Ts Tom 24. SOUTH 000420080 SHOT 74.21 MMI T8HNC8 25. SOOTS 22'12132" N88T 78.68 MT, TiMM 26. SOUTH 17055100" MAST 57.53 MW; THEM 27. SOUTH 02005'31" SIM 127.31 MINT; T 28. SOUTH 04'22'15" N8S5 469.83 PWI THENCS 29. 800TH 380240040 HUT 82.11 Pali TH8NC8' 30. SOUTH 08020041" MT 55.12 P88Ti TA881C8 31.. SOUTH 050211321P MIST 111.67 FM; Tz8 32. SORTS 09024124r BAST 75.17 PASS I r 33. SOUTH 05635113"' MW 96.76 •P88Ti TS 34. SOUTH 1603214V NUT 37.00 MT; TS8NC8 33. SOUTH 13652129"' LAST 67.82 Pali TH8NC8 36. SOOTS 01042016" BAST 94.80 P88TI T88MC8 37. SOUTH 01'58.590 NEST 31.96 FMI TH8NC8 38. SOUTH 16'39 ?080 BAST 19.93 MW; Tsa 39. SOOTS 03'41'36"' 888T 15.23 PaSI THEM 40. 80022 12'16F05" SIM 20.97 PaSI TRS 41. SOUTH 34016137"' HUT 36.54 PaSi THEM 42. SOUTH 14021'46. HIM 37.67 P88Ti THEN= 43. SOUTH 09'32 #19' SIM 114.60 M ETI TH OM v r" O ORIGINAL l Page 3 of 3 44 . SO= 00912F36' NEST 43.00 IBET TO A POINT ON THE BODTB LINS OF SAID SOOTBNEST QOutfjm OF SECTION 19 DIBTANT TEfamm SODTB 89147 #249 EAST 119.55 IM NM TBE POINT OF BEGINNING; ' 45. ]HANG LAST MID MXIM LINE N0M B9'47124" HEST 119.55 MT TO To POINT OF BEGINNING. CONTAINING 139,167 BQUM PEE? OR 3:19 ACRES, NOSE OR LESS. ti m U r- O ORIGINAL