HomeMy WebLinkAboutRes 2015-93 - Alessandro West Imprvmnt - APN 627-071-013CITY OF PALM DESERT
ECONOMIC DEVELOPMENT DEPARTMENT
STAFF REPORT
REQUEST: ADOPTION OF RESOLUTION NO. 2015-93 FINDING AND
DETERMINING THE PUBLIC INTEREST AND NECESSITY FOR
ACQUIRING AND AUTHORIZING THE CONDEMNATION OF
CERTAIN REAL PROPERTY LOCATED ALONG THE SOUTH SIDE
OF SAN ANTONIO CIRCLE, EAST OF MONTEREY AVENUE, IN
PALM DESERT, CALIFORNIA, OTHERWISE KNOWN AS A
PORTION OF APN 627-071-013, FOR THE ALESSANDRO WEST
PROJECT
SUBMITTED BY: Martin Alvarez, Director of Economic Development
DATE: November 12, 2015
CONTENTS: Resolution No. 2015-93
Letter to Owners RE Notice of Hearing
Letter to Owners RE Offer to Purchase
Appraisal
Preliminary Title Report
Recommendation:
Adopt Resolution No. 2015-93 ("Resolution") finding that the public interest and necessity
require the acquisition of a portion of real property in fee simple interest located along the
south side of San Antonio Circle, east of Monterey Avenue, in Palm Desert, California,
Riverside County, otherwise known as a portion of Assessor's Parcel Number ("APN") 627-
071-013 ("Subject Property"), for the proposed construction of road improvements along the
south side of San Antonio Circle in Alessandro West ("Project").
Executive Summary:
Approval of the Resolution will permit the City of Palm Desert ("City") to commence an
eminent domain action against the owners of the Subject Property to acquire the interest
needed for the Project.
Background:
In order to accommodate the Project as proposed, Staff has undertaken the preliminary
investigations required to identify and attempt to acquire property to accommodate the
Project. Pursuant to applicable law, the City had the property interest it proposes to acquire
appraised. The appraisal resulted in an offer letter being sent to the owners of the Subject
Property pursuant to Government Code section 7267.2.
Staff Report
Acquire Property for Alessandro West Project
November 12, 2015
Page 2 of 3
Staff has attempted to undertake negotiations with the owners of the Subject Property, but
to date has not been able to secure any agreement for the transfer of the Subject Property
by way of negotiated agreement. Staff will continue to pursue discussions with the owners,
regardless of the City Council's action with respect to the proposed Resolution, in an
attempt to reach mutually agreeable terms for such a negotiated transfer.
Discussion:
The proposed Resolution is a resolution of necessity under California Code of Civil
Procedure sections 1245.210, et seq. Such a resolution must be considered, and
approved, by the legislative body prior to any exercise of eminent domain to acquire
property. The proposed Resolution must be passed by a two-thirds majority, or four
affirmative votes, of the members of the City Council.
The California Eminent Domain Law provides the findings that must be made in a resolution
of necessity. These are:
1. That the public interest and necessity require the project for which the
property is proposed to be acquired;
2. That the project is planned in a manner that will create the greatest public
good and the least private injury;
3. That the property proposed to be acquired is necessary for the project; and
4. That the offer required by Government Code section 7267.2 has been made
to the owners of record.
In addition, the City Council is being asked to make the finding that the City has met all
other procedural prerequisites to the exercise of eminent domain on the Subject Property,
including a determination that the Project was reviewed under applicable environmental
review procedures.
The amount of compensation due for the property interests involved is not a subject of the
resolution of necessity, and therefore not before the City Council as an issue to be
considered as part of this Resolution.
The owners of the Subject Property, and/or their representatives, have a right to appear and
be heard on the matters encompassed within the Resolution affecting their property. As
required by the California Eminent Domain Law, the owners of the Subject Property were
given notice of the City's consideration of the Resolution, and notified of their opportunity to
appear and be heard on whether the City has undertaken all required steps and met all
procedural prerequisites to the exercise of eminent domain to acquire the property interests
proposed to be taken. As of the date of writing this report, the owners of the Subject
Property have not contacted the City to inform it that they desire to be heard at the hearing.
The facts supporting the various findings included within the resolution of necessity are
recited in more detail in the text of the proposed Resolution itself. The Alessandro West
corridor runs behind the commercial area on the north side of Highway 111 from Las
Staff Report
Acquire Property for Alessandro West Project
November 12, 2015
Page 3 of 3
Palmas Avenue to approximately 300 feet east of Monterey Avenue. Generally, the public
interest and necessity require the Project, in that the Project is designed to improve the lack
of parking spaces and access which have adversely impacted the business area and limited
further development. The Project is located in a manner most compatible with the greatest
public good and least private injury, in that it will widen and improve a public street.
The City Council has the option of either passing, or refusing to pass, the proposed
Resolution. If the Resolution is passed, Staff will proceed to commence eminent domain
proceedings, which ultimately would lead to a determination of the fair market value of the
property interests proposed to be taken through court proceedings. If the City Council does
not pass the Resolution, the City can either (i) commit to acquiring the Subject Property
from the owners only by negotiated acquisition; (ii) decide not to implement the Project; or
(iii) provide alternative direction to Staff.
Based on all the foregoing, and on the matters recited in more detail in the Resolution itself,
Staff requests that the City Council adopt Resolution No.
Fiscal Impact:
There is no fiscal impact associated with the recommended action.
Environmental Review:
The feasibility of the Project was studied and approved in 2004, and no additional
environmental review is required.
Submitted By:
Martin Alvarez
Director of Economic Development
Approval:
�'6
pohn M. Wohlmuth
City Manager
Department Head:
Rudy Acosta
Assistant City Manager
RESOLUTION NO. 2015-93
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT FINDING AND DETERMINING THE
PUBLIC INTEREST AND NECESSITY FOR ACQUIRING
AND AUTHORIZING THE CONDEMNATION OF CERTAIN
REAL PROPERTY LOCATED ALONG THE SOUTH SIDE
OF SAN ANTONIO CIRCLE, EAST OF MONTEREY
AVENUE, IN PALM DESERT, CALIFORNIA, OTHERWISE
KNOWN AS A PORTION OF APN 627-071-013, FOR THE
ALESSANDRO WEST PROJECT
WHEREAS, the City of Palm Desert ("City") proposes to acquire a fee simple
interest in certain real property located along the south side of San Antonio Circle, east
of Monterey Aveue, in the City of Palm Desert, California, County of Riverside,
otherwise known as a portion of Assessor's Parcel Number ("APN") 627-071-013
(hereafter, "Subject Property"), for the purpose of constructing road improvements along
the south side of San Antonio Circle in Alessandro West ("Project"), pursuant to the
authority granted to the City by Government Code section 37350.5 and Code of Civil
Procedure sections 1240.040, 1240.110, and 1240.120; and
WHEREAS, pursuant to Code of Civil Procedure section 1245.235, the City
scheduled a public hearing for November 12, 2015 at 4:00 p.m. at the City Council
chambers located at City Hall, 73-510 Fred Waring Drive, Palm Desert, California
92260, and gave to each person whose property is to be acquired and whose name and
address appears on the last equalized county assessment roll, notice and a reasonable
opportunity to appear at said hearing and be heard on the matters referred to in Code of
Civil Procedure section 1240.030; and
WHEREAS, said hearing has been held by the City and each person whose
property is to be acquired by eminent domain was afforded the opportunity to be heard
on said matters; and
WHEREAS, the City may adopt a resolution of necessity pursuant to Code of
Civil Procedure section 1240.040.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Palm
Desert, California, that the City Council does hereby find, determine and declare upon
evidence presented to the City Council as follows:
Section 1. Notice and Hearing Compliance.
The City has provided notice of this hearing to the owners of the Subject Property
as required by Code of Civil Procedure section 1245.235.
RESOLUTION NO: 2015-93
Section 2. Public Use.
The public use for which the Subject Property is to be acquired is for the
Alessandro West Project ("Project"). The City is authorized to acquire by eminent
domain property necessary for such a purpose in accordance with Government Code
section 37350.5 and Code of Civil Procedure sections 1240.040, 1240.110, and
1240.120.
Section 3. Description of Property.
The Subject Property to be acquired is generally described as a 1,620 square
foot portion of a 7,200 square foot parcel of vacant land, located along the south side of
San Antonio Circle, east of Monterey Avenue, in the City of Palm Desert, California,
County of Riverside, otherwise known as a portion of APN 627-071-013, owned by
David Holtz and Agnes Holtz. Attached hereto as Exhibit A is the legal description of
the Subject Property to be acquired for the Project.
Section 4. Findings.
The City Council hereby finds and determines 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 the
most compatible with the greatest public good and least private injury;
C. The Subject Property is necessary for the proposed Project; and
d. The offer required by Government Code section 7267.2 was made to the
owners.
Section 5. Condemnation for a More Necessary Use.
If and to the extent any portion of the Subject Property is already devoted to a
public use, the proposed Project is a more necessary public use pursuant to California
Code of Civil Procedure sections 1240.610 et seq.
Section 6. Further Activities.
Best Best & Krieger LLP ("BBK"), as the City Attorney to the City, is hereby
authorized to acquire the Subject Property in the name of and on behalf of the City by
eminent domain. BBK is further authorized to institute and prosecute such legal
proceedings as may be required. BBK may take such steps as may be authorized and
required by law, and make such deposit as may be required, to permit the City to take
possession of and use of the Subject Property at the earliest possible time. BBK is
further authorized to correct any errors or to make or agree to non -material changes in
the legal description of the Subject Property that is deemed necessary for the conduct
of the condemnation action, or any other proceedings or transactions required to
acquire the Subject Property.
-2-
RESOLUTION NO: 2015-93
2015.
PASSED, APPROVED AND ADOPTED this day of
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST
CITY CLERK
APPROVED
SUSAN MARIE WEBER, MAYOR
-3-
RESOLUTION NO: 2015-93
EXHIBIT A
[LEGAL DESCRIPTION]
-4-
Resolution No. 2015-93
EXHIBIT "A"
Right of Way Acquisition
Parcel "A"
The southerly 27.00 feet of Lot 134 of Palma Village Unit No. 7, in the City of Palm
Desert, County of Riverside, State of California, as per map filed in Book 21 of Maps,
Pages 16 through 18 inclusive, in the office of the County Recorder of said County of
Riverside, and being in the northwest quarter of Section 20, Township 5 South, Range 6
East, S.B.M.
Containing 1,620 square feet, more or less.
Exhibit "B" is attached hereto, and by this reference is made a part hereof.
A
R. Page Garner
City Surveyor
City of Palm Desert, CA
Page 1 of 1
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Resolution No. 2015-93
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RIGHT OF WAY ACQUISITION SHEET NO.
JM
-- DEPARTMENT OF PUBLIC WORKS CITY OF PALM DESERT
Indian wells Iffik
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Irvine BEST BEST & KRIEGER
Irvine
(949) 253-2600 ATTORNEYS AT L A W
Los Angeles
(213)817-8100
Ontario 655 West Broadway. 15" Floor. San Diego. CA 92101
(909) ga9-8584 Phone: (619) 525-1300 1 Fax: (619) 233-6118 ( www.bbklaw.com
Bruce W. Beach
(619) 525-1335
brute. beach@bbklew.00m
File No. 72500.00890
October 27, 2015
BY 1ST CLASS MAIL AND
CERTIFIED MAIL— RETURN RECEIPT REQUESTED
David and Agnes Holtz
505 North Camden
Beverly Hills, California 90210
Riverside
(951) ee6-1450
Sacramento
(916) 325-4000
Walnut Creek
(925) 977-3300
Washington. DC
(202)785-0000
Re: Notice of Hearing Re: Adoption of Resolution of Necessity to Acquire
Property by Eminent Domain (California Code of Civil Procedure section
1245.235, Palm Desert, California (APN 627-071-013)
Dear Mr. and Mrs. Holtz:
As you are aware, the City of Palm Desert ("City") has made an offer to purchase a
portion of your real property in fee simple interest located along the south side of San Antonio
Circle, east of Monterey Avenue, in the City of Palm Desert, California, County of Riversi e,
otherwise known as a portion of Assessor's Parcel Number 627-071-013 (hereafter, "Subject
Property"). The purchase is for the City's proposed project to construct road improvements
along the south side of San Antonio Circle in Alessandro Alley ("Project").
On November 12, 2015, at 4:00 p.m., or as soon thereafter as the matter can be heard, in
the City Council chambers located at City Hall, 73-510 Fred Waring Drive, Palm Desert,
California 92260, the City Council will consider the adoption of a Resolution of Necessity
authorizing the City to acquire the Subject Property, described in Exhibit "A" and depicted in
Exhibit "B," through eminent domain proceedings.
You have the right to appear and be heard before the City Council at the hearing on the
following matters and issues, and to have the City Council give consideration to any testimony
and other information and evidence that may be offered by you with respect to the following
issues, stated in Code of Civil Procedure section 1245.230(c), prior to deciding whether or not to
adopt the proposed Resolution of Necessity:
a. Whether the public interest and necessity require the proposed Project;
72500.00890\20906349.1
ids
BEST BEST & KRIEGER
ATTORNEYS AT LAW
David and Agnes Holtz
October 27, 2015
Page 2
b. Whether 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. Whether the Subject Property sought to be acquired by eminent domain is
necessary for the proposed Project;
d. Whether the pre -condemnation offer required by Government Code Section
7267.2, together with the accompanying statement and summary of the basis for
the amount established as just compensation, was made to the owners of record.
If you wish to appear at the hearing and be heard on the matters referred to above, you
must file a written request with the City Clerk, City Hall, 73-510 Fred Waring Drive, Palm
Desert, California 92260, within fifteen (15) days after this notice was mailed. The date of the
mailing of this notice is set forth above.
PLEASE NOTE: Failure to file a written request to appear and be heard will result
in a waiver of the right to appear and be heard. The City is not oblieated to give an
opportunity to appear and be heard to any person who fails to file a written request.
If the Resolution of Necessity is adopted and you intend to challenge in court any of the
issues or matters or determinations listed above, including in any subsequent eminent domain
proceeding, you may be limited to raising only those issues and relying only upon such
testimony and other information and evidence that is presented to the City Council prior to or at
the hearing. Notwithstanding the foregoing, your election to not appear at the Resolution of
Necessity hearing will not waive your right to claim greater compensation in a court of law than
the amount of the City's pre -condemnation purchase offer.
If the City Council elects to adopt the Resolution of Necessity, then within six months of
adoption of the Resolution of Necessity, the City will commence eminent domain proceedings in
Superior Court. If you and the City do not agree on the amount of just compensation to be paid,
you have the legal right to have the compensation amount determined by the court or a jury.
72 500, 00890\20906349.1
ION
BEST BEST & KwEGER
ATTORNEYS AT LAW
David and Agnes Holtz
October 27, 2015
Page 3
Should you have any questions with regard to this matter, please do not hesitate to
contact me at 619-525-1335.
Very truly yours,
Bruce W. Beach
of BEST BEST & KRIEGER LLP
Exhibit A [legal description of Subject Property]
cc w/o enc.: Martin C. Alvarez, Director of Economic Development
Robert W. Hargreaves, Esq.
72500 0089000906349 I
EXHIBIT A
A fee simple interest as described in Exhibit "A" and depicted in Exhibit "B."
EXHIBIT "A"
Right of Way Acquisition
Parcel "A"
The southerly 27.00 feet of Lot 134 of Palma Village Unit No. 7, in the City of Palm
Desert, County of Riverside, State of California, as per map filed in Book 21 of Maps,
Pages 16 through 18 inclusive, in the office of the County Recorder of said County of
Riverside, and being in the northwest quarter of Section 20, Township 5 South, Range 6
East, S.B.M.
Containing 1,620 square feet, more or less.
Exhibit "B" is attached hereto, and by this reference is made a part hereof.
_ A
R. Page Garner
City Surveyor
City of Palm Desert, CA
Page 1 of 1
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RIGHT OF WAY ACQUISITION SHEET NO.
JM — DEPARTMENT OF PUBLIC WORKS CITY OF PALM DESERT
Indian Weis 118 rk
(760) 588-2811
Irvine BEST BEST & KwEGER ;i
(949) 263-2600 ATTORNEYS AT L A W
Los Angela
(213) 817-8100
Ontario 855 Wag Broadway, 15'" Floor, San Diego, CA 92101
(909) gag-"" Phone: (819) 525-1300 1 Fax: (619) 233-6118 1 www.bbklaw.com
Bruce W. Beach
(619)525-1335
bruoe.beach@bbkiaw.com
File No. 72500.00890
October 2, 2015
BY 1ST CLASS MAIL AND
CERTIFIED MAIL — RETURN RECEIPT REQUESTED
David and Agnes Holtz
505 North Camden
Beverly Hills, California 90210
Re: Offer to Purchase a portion of property located along the south side of
San Antonio Circle, east of Monterey Avenue (Alessandro Alley),
Palm Desert, California (APN 627-071-013)
Dear Mr. and Mrs. Holtz:
Riverside
(951) OW1450
Sacramento
(916) 325-4000
Walnut Creek
(925) 977-3300
WasNngton, DC
(202) 785-0600
The City of Palm Desert is seeking to make road improvements along the south side of
San Antonio Circle in Alessandro Alley. In order to make the road improvements, it is necessary
to acquire a portion of your vacant property, Assessor's Parcel Number 627-071-013. Included
with this letter is a copy of an appraisal prepared for the City by an independent appraiser of your
property and the portion to be acquired. The City of Palm Desert is offering $6,302 for the
purchase of a portion of your property necessary for its project. Alternatively, the City is willing
to purchase the entire parcel for the appraised amount of $59,904.
If you are in agreement to the sale of a portion or all of of your property, you may
execute a copy of this letter below where it states, "it is agreed," with the address, telephone
number and e-mail address for contacting you. This letter does not constitute a contract to sell
but, rather, an offer to sell by you, which we will communicate to the City, as their attorney.
Please also indicate whether you wish to sell all of the parcel or only the portion. We will inform
the City of your willingness to sell. Upon approval by the City, we will open an escrow to
transfer payment to you in exchange for title to all or a portion of the property to be acquired.
The City will pay all escrow costs.
If you do not agree to the City's purchase of the property, the City may consider
acquiring the property by eminent domain. If eminent domain is necessary, the City will provide
72500.00990\20102404.1
1101k
BEST BEST & KwEGER
ATTORNBTs AT LAW
David and Agnes Holtz
October 2, 2015
Page 2
you with a notice of the hearing date for the City to consider the adoption of a Resolution of
Necessity.
Should you have any questions regarding this matter, please do not hesitate to contact the
undersigned at your convenience.
Very truly yours'',
3'41� tW
.
Bruce W. Beach
of BEST BEST & KRIEGER LLP
BWB:wjr
Enclosure (appraisal)
cc w/o enc.: Michael A. Scarcella, MAI
Martin C. Alvarez, Director of Economic Development
Robert W. Hargreaves, Esq.
IT IS AGREED:
(Name)
Date: _
Address:
E-mail: _
Telephone:
❑ All ❑ A portion
72500 00890\20102404 1
CAPITAL REALTY ANALYSTS
September 30, 2014 REAL ESTATE APPRAISERS ♦ ANALYSTS ♦ ADviSORs
78-015 MAIN STREET, SUITE 207
LA QUINTA, CA 92253-8962
CU
I-,alty yl"K-roin
The City of Palm Desert
Attn: Mr. John M. Wohlmuth
73510 Fred Waring Drive
Palm Desert, CA 92260
RE: A Proposed Taking of a 1,620 SF Portion of a 7,200 SF Vacant Land
Parcel, Located Along the South Side of San Antonio Circle, East of
Monterey Avenue, Palm Desert, CA: Otherwise Known as APN: 627-
071-013; Riverside County, CA.
Dear Mr. Wohlmuth:
At your request and authorization, I have completed this appraisal report,
setting forth my opinion of just compensation for the prospective taking of the
subject property as of September 14, 2015. My report identifies the subject
property and its market area, and presents the market data and analysis
leading to my final estimate of just compensation.
This report is subject to the requirements of the Code of Professional Ethics
and Standards of Professional Appraisal Practice of the Appraisal Institute.
This appraisal report is intended to comply with the appraisal guidelines of
Title X1 of the Financial Institutions Reform, Recovery and Enforcement Act of
1989 ("FIRREA"), the Uniform Standards of Appraisal Practice ("USPAP"),
adopted by the Appraisal Standards Board of the Appraisal Foundation, and
the California Code of Civil Procedure.
I have personally inspected the subject property. I have located current sales
and listings of comparable properties in the subject market area, and
competing areas, and have analyzed this data in order to arrive at my final
estimate of just compensation. The table on the following page shows my final
estimate of just compensation for the proposed taking as of September 14,
2015:
Phone: (760) 564-6222
Fax: (888) 985-9994
Email: mike@Fealtyadvisor.com
September 30, 2015
Capital Realty Analysts / Mr. John M. Wohlmuth
Description
Value Estimate
Value Before Taking
$59,904
Fair Market Value Of Part Taken As Part Of The Whole
$6,302
Remainder Value Before The Take
$53,602
Remainder Value After The Take
$53,602
Damages To The Remainder
$0
Benefits To The Remainder
$0
Net Damage To The Remainder
$0
Benefits
$0
Fair Market Value Of Part Taken As Part Of The Whole
$6,302
Total Difference (Just Compensation)
$6,302
$6,302
(Six Thousand Three Hundred Two Dollars)
The undersigned have no personal interest either present or contemplated in
the subject property, and certify that no fee, received or to be received for the
employment of my services is in any way contingent on the results of the
opinion reported herein. I hope you find the details of this report relevant to
your decisions. Thank you for the opportunity to be of service.
Respectfully submitted,
Capital Realty Analysts
#WVA'Ie�
Michael A. Scarcella, MAI
State Certification No.: AGO19463
Expiration Date: October 24, 2015 �� ��
Table of Contents
Tableof Contents.................................................................................. 4
Summary of Important Facts and Conclusions ......................................
5
Photographs Relating to the Subject Property .....................................
7
Photographs Relating to the Subject Property .....................................
8
Introduction / History of the Subject Property .....................................
10
Property Rights Appraised................................................................
11
Definition of Fee Simple Estate.........................................................
11
Definition of Market Value................................................................
11
Definition of Eminent Domain..........................................................
11
Definition of Condemnation..............................................................
11
Definition of Easement.....................................................................
11
Definition of Damages......................................................................
12
Definition of Benefits:.......................................................................
12
Scopeof Work..................................................................................
12
Regional Analysis - Coachella Valley ....................................................
18
SiteAnalysis........................................................................................
22
Highest and Best Use Analysis............................................................
29
AppraisalProcess................................................................................
32
Sales Comparison Approach................................................................
34
Certification........................................................................................
53
Assumptions and Limiting Conditions .................................................
56
C-TAI 0 2015 CAPITAL REALTY ANALYSTS Page 4
Summary of Important Facts and Conclusions
Client: The City of Palm Desert
Attn: Mr. John M. Wohlmuth
73510 Fred Waring Drive
Palm Desert, CA 92260
Intended Users: The Client
Intended Use: The intended use of this appraisal is for
negotiation and possible eminent domain
proceedings.
Property Type: Vacant Land
Location: South Side of San Antonio Circle, East of
Monterey Avenue, Palm Desert, CA
Identification: APN: 627-071-013; Riverside County, CA.
Thomas Brothers Page 848 Grid El, Riverside County, CA.
Guide Reference:
Census Tract Number: Tract 451-08 Block 1
Type Of Report:
Date of Valuation:
Date of Appraisal:
Appraisal Report
September 14, 2015
September 30, 2015
Owner of Record: A Preliminary Title Report (PTR) was submitted
and examined. According to the PTR, title to the
subject is vested with David Holtz and Agnes
Holtz.
Site: According to the Riverside County Assessor's Plat
Map and data supplied by the Client, the site
sizes of the components of the subject property
are as follows:
Lot
Lot
Total
Description
Width
Depth
SF
Before
60
120
7,200
Take Area
60
27
1,620
Remainder Area
60
93
5,580
C3J1 0 2015 CAPITAL REALTY ANALYsrs Page 5
Improvements: None
Zoning: According to the Zoning Map of the City of Palm
Desert, the subject is zoned R-1, Residential
Single Family. A Zoning Map is located at the end
of the Site Analysis section of this report.
General Plan According to the General Plan Map of the City of
Designation: Palm Desert, the subject has a General Plan
Designation of R-M, Medium Density 4-10 du/ac.
A General Plan Map is located at the end of the
Site Analysis section of this report.
Highest And Best Use,
"As Vacant":
Highest And Best Use,
"As Improved":
Property Rights
Appraised:
Hold for future price appreciation
N/A, the subject is vacant
Fee Simple Estate
Final Estimate of Just I Description value Estimate
Compensation: Value Before Taking $59,904
Fair Market Value Of Part Taken As Part Of The Whole $6,302
Remainder Value Before The Take $53,602
Remainder Value After The Take $53,602
Damages To The Remainder $0
Benefits To The Remainder $0
Net Damage To The Remainder $0
Benefits $0
Fair Market Value Of Part Taken As Part Of The Whole $6,302
Total Difference (Just Compensation( $6,302
Cad0 2015 CAPITAL REALTY ANALYSTS Page 6
A. 1,4wypp T tle`
73510 Fred Waring Drive
Palm Desert, CA 92260
Attn: Robin McCormick
Your Reference No:
Lawyers Title Company
3480 Vine Street Suite 300
Riverside, CA 92507
Phone: (951) 774-0825
Fax: ( )
Title Officer: Lisa Saly (TO)/ Lucia Ornelas,
]r.TO--So
email: tu69@ltic.com
Phone No.: (951) 774-0825 x 603
Fax No.: (951) 782-0871
File No.: 615696241
Property Address: Vacant Land, City of Palm Desert, California
PRELIMINARY REPORT
Dated as of August 25, 2015 at 7:30 a.m.
In response to the application for a policy of title insurance referenced herein, Lawyers Title
Company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a
policy or policies of title insurance describing the land and the estate or interest therein hereinafter
set forth, insuring against loss which may be sustained by reason of any defect, lien or
encumbrance not shown or referred to as an exception herein or not excluded from coverage
pursuant to the printed Schedules, Conditions and Stipulations or Conditions of said policy forms.
The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said
policy or policies are set forth in Attachment One. The policy to be issued may contain an
arbitration clause. When the Amount of Insurance is less than that set forth in the arbitration
clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured
as the exclusive remedy of the parties. Limitation on Covered Risks applicable to the CLTA and
ALTA Homeowner's Policies of Title Insurance which establish a Deductible Amount and a Maximum
Dollar Limit of Liability for certain coverages are also set forth in Attachment One. Copies of the
policy forms should be read. They are available from the office which issued this report.
The policy(s) of title insurance to be issued hereunder will be policy(s) of Commonwealth Land
Title Insurance Company.
Please read the exceptions shown or referred to below and the exceptions and
exclusions set forth in Attachment One of this report carefully. The exceptions and
exclusions are meant to provide you with notice of matters which are not covered under
the terms of the title insurance policy and should be carefully considered. It is important
to note that this preliminary report Is not a written representation as to the condition of
title and may not list all liens, defects, and encumbrances affecting title to the land.
This report (and any supplements or amendments hereto) is issued solely for the purpose of
facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is
desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or
Commitment should be requested.
CLTA Preliminary Report Form - Modified (11-17-06)
Page 1
File No: 615696241
SCHEDULE A
The form of policy of title insurance contemplated by this report is:
CLTA/ALTA 2013 Homeowner's Policy of Title Insurance
ALTA Loan 2006
The estate or interest In the land hereinafter described or referred to covered by this report is:
A Fee
Title to said estate or interest at the date hereof is vested in:
David Holtz and Agnes Holtz, husband and wife, as joint tenants
The land referred to herein is situated in the County of Riverside, State of California, and is
described as follows:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
CLTA Preliminary Report Form - Modified (11-17-06)
Page 2
File No: 615696241
EXHIBIT "A"
THE LAND REFERRED TO HEREIN IS SITUATED IN THE COUNTY OF RIVERSIDE, STATE OF
CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
LOT 134 OF PALMA VILLAGE UNIT 7, IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE,
STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 21, PAGES 16 THROUGH 18, INCLUSIVE,
OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
ASSESSOR'S PARCEL NUMBER: 627-071-013-3
CLTA Preliminary Report Form - Modified (11-17-06)
Page 3
File No: 615696241
SCHEDULE B - Section A
The following exceptions will appear in policies when providing standard coverage as outlined
below:
(a) Taxes or assessments that are not shown as existing liens by the records of any taxing
authority that levies taxes or assessments on real property or by the Public Records; (b)
proceedings by a public agency that may result in taxes or assessments, or notices of such
proceedings, whether or not shown by the records of such agency or by the Public Records.
2. Any facts, rights, interests or claims that are not shown by the Public Records but that could be
ascertained by an inspection of the Land or that may be asserted by persons in possession of the
Land.
3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.
4. Any encroachment, encumbrance, violation, variation or adverse circumstance affecting the Title
that would be disclosed by an accurate and complete land survey of the Land and not shown by the
Public Records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the
Issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted
under (a), (b) or (c) are shown by the Public Records.
6. Any lien or right to a lien for services, labor or material not shown by the Public Records.
CLTA Preliminary Report Form - Modified (11-17-06)
Page 4
File No: 615696241
SCHEDULE B - Section B
At the date hereof Exceptions to coverage in addition to the printed exceptions and exclusions in said
policy form would be as follows:
A. Property taxes, which are a lien not yet due and payable, including any assessments collected with
taxes to be levied for the fiscal year 2015-2016.
B. Notice of Intent to Remove Delinquent Special Tax Installments from Tax Roll
Executed By: City of Palm Desert
Dated: July 8, 1997
Recording Date: August 11, 1997
Recording No.: 283959, of Official Records
For questions concerning the delinquent assessment installment amounts, if any, covered by this
notice, contact:
Frank Fannon
Associate Director
MuniFinacial
28765 Single Oak Drive
Suite 200
Temecula, CA 92590
(909)699-3990
C. The lien of supplemental or escaped assessments of property taxes, if any, made pursuant to the
provisions of Chapter 3.5 (commencing with Section 75) or Part 2, Chapter 3, Articles 3 and 4,
respectively, of the Revenue and Taxation Code of the State of California as a result of the transfer
of title to the vestee named in Schedule A or as a result of changes in ownership or new
construction occurring prior to Date of Policy.
1. Water rights, claims or title to water, whether or not disclosed by the Public Records.
2. Covenants, conditions and restrictions but omitting any covenants or restrictions, if any, including but
not limited to those based upon race, color, religion, sex, sexual orientation, familial status, marital
status, disability, handicap, national origin, ancestry, source of income, gender, gender identity,
gender expression, medical condition or genetic information, as set forth in applicable state or federal
laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth
in the document
Recording Date: June 28, 1946
Recording No.: Book 758. Page 224. of Official Records
All easements, offers and dedications as shown on the official map
Tract of: Palma Villaae Unit No. 7
4. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a document:
Granted To: California Electric Power Company
Purpose: Public utilities
Recording Date: March 4, 1947
Recording No: Book 818, Page 524, of Official Records
Affects: said land more particularly described therein
CLTA Preliminary Report Form - Modified (11-17-06)
Page 5
File No: 615696241
Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a document:
Granted To:
Palm Village Land Company, a Corporation
Purpose:
Right to pump or otherwise extract water and to remove the same to
or upon other lands, together with the right to erect, lay, maintain
and operate water pipes, ditches, flumes or other conduits
Recording Date:
January 8, 1948
Recording No:
Book 878, Page 537, of Official Records
Affects:
said land more particularly described therein
6. A Notice of Pending Lien property as disclosed by a document
Recording Date: May 6, 2005
Recording No.: 2005-0363282, of Official Records
Reference is made to said document for full particulars.
7. A Notice of Pending Lien property as disclosed by a document
Recording Date
Recording No.:
May 18, 2010
2010-0229535, of Official Records
Reference is made to said document for full particulars.
8. Please be advised that our search did not disclose any open Deeds of Trust of record. If you should
have knowledge of any outstanding obligation, please contact the Title Department immediately for
further review prior to dosing.
9. Any rights of the parties in possession of a portion of, or all of, said Land, which rights are not
disclosed by the Public Records.
The Company will require, for review, a full and complete copy of any unrecorded agreement,
contract, license and/or lease, together with all supplements, assignments and amendments thereto,
before issuing any policy of title insurance without excepting this item from coverage.
The Company reserves the right to except additional items and/or make additional requirements after
reviewing said documents.
END OF SCHEDULE B EXCEPTIONS
PLEASE REFER TO THE "NOTES AND REQUIREMENTS SECTION" WHICH FOLLOWS FOR
INFORMATION NECESSARY TO COMPLETE THIS TRANSACTION
CLTA Preliminary Report Form - Modified (11-17-06)
Page 6
File No: 615696241
REQUIREMENTS SECTION:
Req. No. 1: In order to complete this report, the Company requires a Statement of Information
to be completed by the following party(s),
Party(s): All Parties
The Company reserves the right to add additional items or make further
requirements after review of the requested Statement of Information.
NOTE: The Statement of Information is necessary to complete the search and
examination of title under this order. Any title search includes matters that are
indexed by name only, and having a completed Statement of Information assists the
Company in the elimination of certain matters which appear to involve the parties
but in fact affect another party with the same or similar name. Be assured that the
Statement of Information is essential and will be kept strictly confidential to this file.
Req. No. 2: Pursuant to the type of transaction contemplated in this Report, a Documentary
Transfer Tax Affidavit must be filled out and executed to accompany the Transfer
Deed, a form of which can be obtained by going to the following Website
www.riversideacr.com or by contacting your Title Officer or Escrow Officer.
CLTA Preliminary Report Form - Modified (11-17-06) '
Page 7
N
File No: 615696241
INFORMATIONAL NOTES SECTION
Note No. 1: The information on the attached plat is provided for your convenience as a guide to
the general location of the subject property. The accuracy of this plat is not
guaranteed, nor is it a part of any policy, report or guarantee to which it may be
attached.
Note No. 2: California insurance code section 12413.1 regulates the disbursement of escrow and
sub -escrow funds by title companies. The law requires that funds be deposited in
the title company escrow account and available for withdrawal prior to
disbursement. Funds deposited with the company by wire transfer may be disbursed
upon receipt. Funds deposited with the company via cashier's check or teller's check
drawn on a California based bank may be disbursed on the next business day after
the day of deposit. If funds are deposited with the company by other methods,
recording and/or disbursement may be delayed. All escrow and sub -escrow funds
received by the company will be deposited with other escrow funds in one or more
non -interest bearing escrow accounts of the company in a financial institution
selected by the company. The company may receive certain direct or indirect
benefits from the financial institution by reason of the deposit of such funds or the
maintenance of such accounts with such financial institution, and the company shall
have no obligation to account to the depositing party in any manner for the value
of, or to pay to such party, any benefit received by the company. Those benefits
may include, without limitation, credits allowed by such financial institution on loans
to the company or its parent company and earnings on investments made with the
proceeds of such loans, accounting, reporting and other services and products of
such financial institution. Such benefits shall be deemed additional compensation of
the company for its services in connection with the escrow or sub -escrow.
For wiring Instructions please contact your Title Officer or Title Company
Escrow officer.
Note No. 3: Lawyers Title is a division of Commonwealth Land Title Insurance Company. The
insurer in policies of title insurance, when issued in this transaction, will be
Commonwealth Land Title Insurance Company.
Note No. 4: There are no conveyances affecting said land recorded within 24 months of the date
of this report.
Note No. 5: The Company requires current beneficiary demands prior to closing. If the demand
is expired and a current demand cannot be obtained, our requirements will be as
follows:
a) If the Company accepts a verbal update on the demand, we may hold an
amount equal to one monthly mortgage payment. This hold will be in
addition to the verbal hold the lender may have stipulated.
b) If the Company cannot obtain a verbal update on the demand, we will either
pay off the expired demand or wait for the amended demand, at our
discretion.
c) All payoff figures are verified at closing. If the customer's last payment was
made within 15 days of closing, our Payoff Department may hold one
month's payment to insure the check has cleared the bank (unless a copy of
the cancelled check is provided, in which case there will be no hold).
CLTA Preliminary Report Form - Modified (11-17-06)
Page 8
File No: 615696241
Note No. 6: Property taxes, including any personal property taxes and any assessments
collected with taxes, are paid. For proration purposes the amounts were:
Tax Identification No.:
627-071-01 -3
Fiscal Year:
2014-2015
1st Installment:
$63.04
2nd installment:
$63.04
Exemption:
None Shown
Code Area:
018-002
Processor: TG
Date Typed: September 3, 2015
CLTA Preliminary Report Form - Modified (11-17-06)
Page 9
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This map should be used for reference purposes only. No liability is assumed for the accuracy of the data shown. Parcels may not co pbj Wilh local
subdivision or building ordinances.
- 4. ..
WHEN RECORDED PLEASE MAIL TO:
Code Compliance Division
c/o City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, California 92260-2578
EXEMPT., Government Code Section 6103
NOTICE OF LIEN
In the matter of the property of:
David and Agnes Holtz
505 N. Camden Drive
Beverly Hills, CA 902103201
DOC # 2010-0229535
05/18/2010 08:00A Fee:NC
RecordedRi�eOfficial Records
County of Riverside
Larry u. Yard
Assessor, County Clerk d Recorder
IN 1
NOTICE IS HEREBY GIVEN to all persons, pursuant to Section 8.20, Public Nuisance
Ordinance of the City of Palm Desert Municipal Code, County of Riverside, State of
California, that proceedings have been commenced with respect to the violations
described as maintaining property maintenance violations on said property. Such
proceedings are based upon the noncompliance of such real property, located at 44900
San Antonio Cir, Palm Desert, California, also legally known as APN No. 627-071-013;
and that any costs incurred by the City, including, but not limited to investigative,
administrative and abatement costs and attorney's fees, will become a lien on the
property.
Legal description: Lot 134 MB 0211016 Palma Village Unit 7, as per Map recorded
in Book 21, Page 16 of Maps, for total description see assessor's map in the
Office of the. County Recorder of said county.
Further details regarding this notice may be addressed by inquiring to the City of Palm
Desert, Code Compliance Division, 73-510 Fred Waring Drive, Palm Desert, California
92260.
CITY OF)PALM DESERT
Hart H. Ponder, Jr.
Code Compliance Manager
Code Compliance Division
Date requested: May 10, 2010
0
4to
• t'
State of California }SS
County of Riverside }
On May 10, 2010, before me, Lorena Gloria Armenta, a Notary Public, personally
appeared Hart H. Ponder, Jr. who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal. LORENA GLORIA ARMENU j
Commisslon #.17776`5 16
Notary Public • Calflornl*
Motside County
SignatureAe��Z(Seal) WCOMM 2p11
-OPTIONAL-
DESCRIPTION OF ATTACHED DOCUMENT:
Notice of Lien/Nuisance Abatement
Property Owner: David and Agnes Holtz
APN: 627-071-013 Property address: 44900 San Antonio Cir, Palm Desert, CA
(TITLE OR TYPE OF DOCUMENT)
1
(NUMBER OF PAGES)
May 10, 2010
JDATE OF DOCUMENT)
WHEN RECORDED PLEASE MAIL TO:
Code Compliance Division
c/o City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, California 92260-2578
EXEMPT., Government Code Section 6103
NOTICE OF LIEN
In the matter of the property of.
David and Agnes Holtz
505 N. Camden Drive
Beverly Hills, California 90210
OOC " 2005-0363282
05/06/2005 08:00A Fee:NC
Page 1 of 1
Recorded in Official Records
County of Riverside
Larry W. Uard
Assessor, County Clerk & Recorder
1111111111111 IN 1111111111111111111111111111111111
Corr I COMA i -I- I — I EXW
NOTICE IS HEREBY GIVEN to all persons, pursuant to Section 8.20, Public Nuisance
Ordinance of the City of Palm Desert Municipal Code, County of Riverside, State of
California, that proceedings have been commenced with respect to the violations
described as maintaining a public nuisance by allowing overgrown weeds and debris on
vacant lot on said property. Such proceedings are based upon the noncompliance of
such real property, located at 44900 San Antonio Circle, Palm Desert, California,
also legally known as APN No. 627-071-013; and that any costs incurred by the City,
including, but not limited to investigative, administrative and abatement costs and
attorney's fees, will become a lien on the property.
Legal description: Lot 134 MB 021/016 Palma Village Unit 7, as per Map recorded
in Book 21, Page 16 of Maps, for total description see assessor's map in the
Office of the County Recorder of said county.
Further details regarding this notice may be addressed by inquiring to the City of Palm
Desert, Code Compliance Division, 73-510 Fred ring Drive, Palm Desert, California
92260.
CITY OF PAILM DESERT
Hart H. Ponder, Jr.
Code Compliance Manager
Code Compliance Division
Date requested: April 19, 2005
MA
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