HomeMy WebLinkAbout600-030-010 Chin - Offer Pkg 06-10-19Ok
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FOAL OF��
June 10, 2019
Chin Family Properties Limited Partnership
3487 Rowena Avenue
Los Angeles, CA 90027-2218
John Peterson, Esq.
Peterson Law Group
Suite 290
19800 MacArthur Boulevard
Irvine, CA 92612
Regarding: Dune Palms Road Bridge Project
City Project Number: 2011-05
Federal Project Number: BRNBIL (537)
Offer of Just Compensation and Appraisal Basis of Offer
Property Located at 46400 Dune Palms Road, La Quinta, California
Assessor Parcel No.: 600-030-010
Dear Property Owner:
The City of La Quinta, (hereinafter called the "City" }, is proposing the construction of the
Dune Palms Road Bridge Project for the purpose of replacing the existing low water crossing that
spans the Coachella Valley Storm Water Channel at Dune Palms (toad with a Bridge. As presently
planned, the proposed City project requires the purchase of a roadway and public utilities
easement, along with a temporary construction easement, over portions of your property located
at 46400 Dune Palms Road in the City of La Quinta. The specific area proposed for the easements
are identified in the attached Exhibits "A" and delineated on Exhibits "B" (Property).
Therefore, pursuant to Government Code section 7267.2, City hereby makes a formal
offer to purchase a permanent street and utility easement over the portion of your property for
the sum of $618,000 (Six Hundred and Eighteen Thousand and No/100 Dollars), which is
segregated as follows:
$ 31,042.00 Roadway and Utility Easement
$ 34,040.00 Temporary Construction Easement
$261,142.00 Severance Damages
$258,126.00 Damages (Cost to Cure)
$ 33,600.00 Temporary Damages
$618,000.00 Total Offer to Purchase (Rounded)
78-495 Calle Tampico I La Quinta I California 92253 1 760.777.7000 1 www.La-Quinta.org
The amount offered is based upon an appraisal performed by the City, and is explained
in the enclosed Statement of Just Compensation and Summary Statement. This offer is the full
amount the City believes to be "Just Compensation" and is not less than the approved appraisal
of its fair market value. The amount of this offer does not include compensation for any relocation
benefits you may be entitled to receive. The City is offering these amounts for title to all interests
the City seeks to acquire; division of the amount among other parties having any claims of
ownership, lienholders, or any possessory or other interests in the Property will be your
responsibility.
In addition to the amount shown above as just compensation, and as part of the Project,
the City proposes to install a block wall along the new right of way line, as shown as Exhibit "D",
attached hereto. A description of the block wall is also enclosed in this offer package.
It is the City's hope that this price is agreeable to you, and that the acquisition can begin
immediately. If so, the City will begin preparation of a Purchase and Sale agreement
memorializing the terms of the proposed transfer, the form of which will be subject to approval
by the City's City Council. The City Council has already approved the amount of the offer,
however.
This offer is for conveyance of Roadway And Public Utilities Easement, and a Temporary
Construction Easement, excluding any oil, gas, or mineral rights below the depth of 500 feet,
and subject to terms and conditions set out below, and assuming that the Property is free of any
environmental contamination or Hazardous Materials, and that it is not the subject of any ongoing
environmental investigation or alleged violations of Environmental Laws.' Payment will be made
when the title to the Property vests in the City free and clear of all recorded or unrecorded liens,
encumbrances, assessments, leases and taxes, except:
l For the purposes of this letter, the term "Environmental Laws" means any and all federal, state, regional and local laws,
statutes, ordinances, orders, rules, regulations, guidance documents, judgments, governmental authorizations, or any other
requirements of governmental authorities, as may presently exist, or as may be amended or supplemented, or hereafter enacted,
relating to the presence, release, generation, use, handling, assessment, investigation, study, monitoring, removal, remediation,
cleanup, treatment, storage, transportation or disposal of Hazardous Materials, or the protection of the environment or human, plant
or animal health, including, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act of 1980
, as amended by the Superfund Amendments and Reauthorization Act of 1986 (42 U.S.C.A. § 9601), the Hazardous Materials
Transportation Act (49 U.S.C. § 1801 et seg.), the Resource Conservation and Recovery Act (42 U.S.C. § 6901 et s�Mc.), the Federal
Water Pollution Control Act (33 U.S.C. § 1251 et M.), the Clean Air Act (42 U.S.C. § 7401 et 5ec .), the Toxic Substances Control
Act (15 U.S.C. § 2601 et seg.), the Oil Pollution Act (33 U.S.C. § 2701 et sec..), the Emergency Planning and Community Right -to -
Know Act (42 U.S.C. § 11001 et sec.), the Porter -Cologne Water Quality Control Act (Cal. Wat. Code § 13000 et seg.), the Toxic
Mold Protection Act (Cal. Health & Safety Code § 26100, et M.), the Safe Drinking Water and Toxic Enforcement Act of 1986 (Cal.
Health & Safety Code § 25249.5 et Leg.), the California Hazardous Waste Control Law (Cal. Health & Safety Code § 25100 et seq.),
the Hazardous Materials Release Response Plans & Inventory Act (Cal. Health & Safety Code § 25500 et sec .), and the Carpenter
Presley Tanner Hazardous Substances Account Ad (California Health and Safety Code, Section 25300 at —se g.). As used in this letter,
the term "Hazardous Material(s)" includes, without limitation, any hazardous or toxic material, substance, irritant, chemical, or waste,
including without limitation (a) any material defined, classified, designated, listed or otherwise considered under any Environmental
Law, including, without limitation, as defined in California Health & Safety Code Section 25260, as a "hazardous waste," "hazardous
substance," "hazardous material," "extremely hazardous waste," "acutely hazardous waste," "radioactive waste," "biohazardous
waste,""pollutant,""toxic pollutant," "contaminant,""restricted hazardous waste," "infectious waste," "toxic substance," or any other
term or expression intended to define, list, regulate or classify substances by reason of properties harmful to health, safety or the
indoor or outdoor environment, (b) any material, substance or waste which is toxic, ignitable, corrosive, reactive, explosive,
flammable, infectious, radioactive, carcinogenic or mutagenic, and which is or becomes regulated by any local governmental
authority, any agency of the State of California or any agency of the United States Government, (c) asbestos, and asbestos containing
material, (d) oil, petroleum, petroleum based products and petroleum additives and derived substances, (e) urea formaldehyde foam
insulation, (f) polychlorinated biphenyls (PCBs), (g) freon and other chlorofluorocarbons, (h) any drilling fluids, produced waters and
other wastes associated with the exploration, development or production of crude oil, natural gas or geothermal resources, (i) mold,
fungi, viruses or bacterial matter, and (j) lead -based paint.
Page 2
1. Taxes for the year in which the Property is purchased, which shall be cleared and
paid in the manner required by Section 5086 of the Revenue and Taxation Code,
if unpaid at the time escrow for the purchase closes;
Covenants, conditions, restrictions and reservations of record, that do not
interfere with the City's proposed use of the Property;
3. Easements or rights -of -way over the land for public or quasi -public utility or public
street purposes, if any; and
4. Any other interests in the Property or exceptions to title appearing on a
preliminary title report or litigation guarantee, which are accepted by the City in
writing through escrow.
The City will pay all usual fees, charges, and costs, which arise out of this escrow.
As a condition of this offer, the City reserves all rights and remedies it has or may have
against you and all persons or entities who may be responsible for any environmental
contamination or any Hazardous Materials that may exist or may have existed on or migrating
to or from the Property, including all rights to seek damages or other remedies pursuant to any
Environmental Laws.
Overland, Pacific & Cutler, LLC. (OPQ has been retained as the City's acquisition
consultant and will answer any questions you have regarding this offer letter and its attachments.
You can reach John Cutler of OPC at 1-760-776-1238.
If for any reason you are not satisfied with this offer of just compensation and have
additional relevant information that you would like the City to consider regarding the value of the
property proposed to be acquired, it will be happy to do so. We would also welcome speaking
with you to clarify any questions or concerns you may have regarding the scope of the easements
proposed to be acquired. If you have such information, questions, or concerns, please contact Mr.
Cutler at the number above.
In addition, you should be aware that in the event negotiations fail to result in agreement,
and the City Council ultimately decides to authorize attempted acquisition of the property through
eminent domain, you will have the right to have the amount of just compensation to be paid by
the City for Roadway And Public Utilities Easement, and a Temporary Construction Easement,
and any resulting damages fixed by a court of law. Please be advised that in such event, the terms
of this offer and the contents of this letter may be excluded from consideration as an offer of
settlement, under California Evidence Code sections 1152, 1154, or other applicable provisions of
law.
In compliance with Government Code section 7267.2, included with this offer letter is an
information pamphlet describing the eminent domain process. This brochure is being provided
to you for informational purposes only and is not to be construed as legal advice.
Page 3
cc: Overland, Pacific & Cutler, LLC.
John Peterson, Peterson Law Group
Enclosures:
Acknowledgement of Receipt of Offer Package
Statement of Just Compensation
Exhibits "A" & "B'�, Legal Descriptions and Plat Maps for the following interests:
• Roadway and Public Utility Easement
• Temporary Construction Easement
Copy of Code of Civil Procedures Section 1263.510
Acquisition Brochure
Title VI Package
W-9 Request for Taxpayer ID
Page 4
STATEMENT OF ]UST COMPENSATION
Date of Offer: June 10, 2019
Assessor's 600-030-010
Parcel:
Property Chin Family Properties Limited Partnership,
Owner(s): a California Limited Partnership
Property 46400 Dune Palms Road, La Quinta, California
Address:
Legal See Attached Exhibits "A" and "B"
Description:
Public Use for Roadway, Public Utilities in conjunction with Bridge Improvements.
Property:
Date of Value: January 2, 2019
Estate to be Roadway & Public Utilities Easement, and Temporary Construction
Acquired: Easement
Area to be 3,040 Square Feet of Roadway & Public Utilities Easement
Acquired: 13,508 Square Feet Street of Temporary Construction Easement
Highest and Highest and Best Use is defined as the reasonably probable and
Best Use: legal use of land, which is legally permissible, physically possible,
and financially feasible that results in the highest value. Highest
and best use analysis is used in the appraisal process to identify
comparable properties and, where applicable, to determine
whether the existing improvements should be retained, renovated,
or demolished. The result of the highest and best use analysis, as
improved, is: to Continued use of the existing improvements
Present Use: Mobile Home Park
Zoning: RM - Medium Density Residential with a Medium/ High Density
General Plan Land designation.
Improvements: Asphalt paving, concrete block wall, wrought iron fence, wood
fence, single family residence and other miscellaneous site
improvements
Page 5
Summary of the Basis for Just Compensation
Value Estimate: Application of the Sales, Income and Cost Comparison Approaches to Value.
The Sales Comparison Approach is one of the preferred methods of mobile home park valuation
when comparable data is available. The price per unit (before condition) and price per square
foot (land only) has been used as the salient units of comparison. Additionally, the Income
Approach is a viable approach to valuing a mobile home park and has also been utilized in
reaching a valuation conclusion. The Cost Approach to value was deemed not to be relevant
and was not utilized in this valuation.
Value of the Larger Parcel as a Whole Before the Acquisition
Sales Comparison Approach
The sales comparison approach is used to derive a value indication by comparing the property
being appraised to similar properties that have sold recently, applying appropriate units of
comparison, and making adjustments to the comparables based on the elements of comparison.
This is a preferred method of valuation when comparable sales data are available. The appraiser
identified the sales listed in Exhibits "C" (Improved Sales) and "C-1" (Vacant Land Sales),
attached hereto, as being most helpful when estimating the value of the subject property:
Sales Approach Analysis:
Value of the improved larger parcel in the Before Condition pursuant
to the Sales Comparison Approach: $5,335,000.00
Land Value (only) as if vacant: $3,442,544.00
($7.00 Per Square Foot)
Income Capitalization Approach (As Improved)
The income capitalization approach is a set of procedures through which a value indication for
income -producing property is derived. The income capitalization approach converts the
anticipated net income (rent) into an indication of property value. The Income approach is based
on an analysis of income and expenses to the property.
Income Capitalization Approach to the Larger Parcel in the before condition:
Effective Gross Income:
$733,454.00
Estimated Expenses (43%):
$308,051.00
Net Operating Income:
$425,403.00
Overall Capitalization Rate
8%
Indicated value of the larger parcel by Income approach $5,317,540.00
Page 6
Site Improvements located in the Temporary Construction Easement Area
Current
Local
TOTAL
Improvement
Base Cost
Mult.
Mult,
Est. Cost
Quantity
COST
Pool lat 9' deep)
555,000-EA
x 1.08
x 1,15=
$68.310
x 1 each
$68.310
Concrete Decking
S7,89'SF
x 1.08
x 1.15=
S9,80
x 3,000 SF
S29,400
Landscaping: Bushes S73.50 EA
x 1.08
x 1.15=
S91.29
x 5 each
S456
Landscaping: Palm Trees S353 EA x 1.08 x 1.15= $438.43 x 7 each S3.069
Wrought Iron Fence S21.90SF x 1.08 x 1.15= S27.20 x 900 SF S24.480
Coiscrete Block Wall S32.50 LF x 1.08 x 1.15= S40 37 x 900 SF $36.333
Total Site Improvements S162,048
Minor differences due to internal rounding
REPLACEMENT COST NEW FOR SITE IMPROVEMENTS IN THE
TEMPORARY CONSTRUCTION EASEMENT
DIRECT COSTS
Site Improvements - As Defined Above S 162,048
Demolition Costs S25.000
TOTAL DIRECT COSTS S187,048
Plus Indirect Costs 2000 S3 ,410
Replacement Cost New S224,458
Enta-epreneurial Incentive on RCN 15 o of S224,458 S33.669
TOTAL REPLACEMENT COST NEW $258,126
Total Cast to Cure Damages: $258,126,00
Additional Damages — Rent concession during construction:
It is estimated that the park may have to make rent concessions to the 7 spaces that are
immediately adjacent to the construction during the construction period. That rent concession
is estimated as follows:
7 units @ $100 per month for 48 months: $ 33,600.00
In addition, in establishing the amount believed to be just compensation, the City's appraisal
assessed whether or not there were damages and benefits to the remaining property. The basis
for this determination is whether or not the remainder had been diminished in value by reason
of the acquisition of the easement being acquired and the construction of the improvement in
the manner proposed (severance damage) and, if so, whether the same remainder had been
increased in value by reason of the construction of the improvement in the manner proposed
(benefits). If there are no severance damages, then the determination of whether there is a
benefit is inapplicable since benefits can only be used to offset severance damages under
applicable California valuation law.
Page 7
Severance Damages:
Here, severance damages were found, in the amount of Two Hundred Sixty -One Thousand One
Hundred and forty-two ($261,142.00). This was derived by comparing the overall expected
income from the property (using market rental rates) before the acquisition, to a lower rate of
income expected after the acquisition, due to the projected loss of three (3) units. The appraiser
also adjusted expense ratios to account for distribution of similar operating expenses over a
smaller number of revenue -raising units. The capitalization rate was not adjusted.
Value of the Larger Parcel in the After Condition:
Effective Gross Income: $707,764.00
Estimated Expenses (43%): $304,338.00
Net Operating Income: $403,425.00
Overall Capitalization Rate 8%
Indicated value of the larger parcel in the After Condition: $5,042,816.00
In addition to the foregoing, the appraiser found curable severance damages in the amount of
Two Hundred Fifty Eight Thousand One Hundred Twenty Six dollars. This expense relates to
the reconstruction of a swimming pool on the remaining site, within the temporary construction
easement area, after completion of the Project.
Recapitulation and Value Conclusion:
Based upon the appraisal, the amount established as just compensation is as follows:
Value of the Property Before the Taking
$5,335,000.00
Value of the Part Taking
$ 31,042.00
Value of the Remainder Before the Taking
$5,303,958.00
Value of the Remainder After the Taking
5 042 816.00
Severance Damage
$ 261,142.00
Damages (Cost to Cure)
$ 258,126.00
Temporary Damages (Rent Concession)
$ 33,600.00
Project Benefits
$ 0.00
Net Damages
$ 552,868.00
Temporary Construction Easement
$ 34,040.00
Total Just Compensation (Rounded)
Valuation Conclusion: Fair Market Value of Easements, Including
Improvements and Damages
$ 31,042.00
$552,868.00
$ 34,040.00
$618,000.00
$618,000.00
Page 8
Important Additional Information Regarding the City's Offer
1. In the event this offer is accepted, you are entitled to receive full payment prior to the
City taking possession of the area being purchased unless you waive 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, as they affect the subject area only.
2. Upon request by you, the City may offer to purchase any uneconomic "remnant" 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. As used herein, "remnant" means a remainder
property or portion thereof that will be left in such size, shape, or condition as to be of
little market value. If you believe the proposed acquisition creates any uneconomic
remnant, you are invited to so advise the City, so the City can consider potential
acquisition of the remnant.
3. All buildings, structures and other improvements affixed to the land being proposed to
be acquired, which are owned by the seller(s) herein or, if applicable, owned by you as
a tenant, are included in what the City is proposing to purchase, unless other disposition
of these improvements has been made and agreed to.
4. The amount of just compensation being offered to you was based on a fair market value
appraisal prepared in accordance with accepted appraisal procedures. FAIR MARKET
VALUE, as used in this document, and in the appraisal, is "........the highest price on the
date of valuation that would be agreed by a seller, being willing to sell but under no
particular or urgent necessity for doing so, nor obligated to sell, and a buyer, being
ready, willing and able to buy but under no particular necessity for so doing, each dealing
with the full knowledge of all the uses and purposes for which the property is reasonably
adaptable and available." (Section 1263.320 Code of Civil Procedure). The valuation of
your property has been based upon an analysis of the most recent market data for similar
uses of the properties in the immediate area. The appraiser has given full and careful
consideration to the highest and best use for development of the property and to all
features inherent in your property affecting its market value. The amount of this offer:
a. Represents the full amount of the appraisal of just compensation for the property
to be purchased;
b. It 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;
Page 9
d. Does not reflect any consideration of or allowance for any relocation assistance
and payments or other benefits which you may be entitled to receive under
applicable State or Federal Law or any agreement with the City.
5. The owner of a business conducted on a property to be acquired or conducted on the
remaining property which will be affected by the purchase of the required property, may
be entitled to compensation for the loss of goodwill. Claims for loss of business goodwill
are governed by Code of Civil Procedure Section 1263.510, a copy of which is attached.
Entitlement to such an award is contingent upon the business owner's ability to prove
such loss in accordance with the provision of Sections 1263.510 and 1263.520 of the
Code of Civil Procedure. This offer does not reflect any amount of compensation
attributable to any loss of business goodwill. If you would like the City to consider
whether goodwill should be evaluated as a part of this offer, it will do so. Such an
evaluation will require you to provide certain information to the City, including detailed
financial information and tax returns. Such an evaluation usually also requires an
interview with the owner/operator of the business. If you wish to pursue a claim for loss
of business goodwill at this time, please advise the City, and it will initiate the information
exchange process required to make an evaluation of the claim.
6. Pursuant to Civil Code of Procedure Section 1263.025, should you elect to obtain an
independent appraisal, the City will reimburse you for the actual reasonable costs up to
$5,000 subject to the following conditions:
a. You, not the City must order the appraisal. Should you enter into a contract with
the selected appraiser, the City 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 City 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, remits full payment to the selected
appraiser for the appraisal. Copies of the contract (if a contract is made),
appraisal report, and invoice for completed work by the appraiser must be
provided to the City concurrent with submission of the appraisal cost
reimbursement request. The cost must be reasonable and justifiable.
7. If you ultimately elect to reject the City'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. Because the City's public use for your property is scheduled to begin as soon as the City
acquires the necessary property interests needed for the proposed project within two
years of the acquisition of the subject property, the City does not offer a leaseback
agreement for your property being acquired pursuant to Code of Civil Procedure Section
1263.615.
Page 10
EXHIBIT "A"
LEGAL DESCRIPTION
ROADWAY AND PUBLIC UTILITIES EASEMENT - DUNE PALMS BRIDGE
(APN 60"30-010 / CHIN FAMILY PROPERTIES LI MITED PARTNERSHIP)
That certain parcel of land located in the City of La Quinta, County of Riverside, State of
California being a portion of that certain parcel of land described in a Quitclaim Deed recorded
November 23, 2005 as Doc. # 2005-0972217 of Official Records of said County, more
particularly described as follows:
The Westerly 53.00 feet of the Southerly 660.00 feet of the Northerly 1320.00 feet of the
Westerly 660.00 feet of the Northwest Quarter of the Northeast Quarter of Section 29,
Township 5 South, Range 7 East, San Bernardino Meridian.
EXCEPTING THEREFROM any portion of said parcel of land included in the Coachella Valley
Storm Water District as acquired by said District by Decree of Condemnation recorded October
6, 1923, in Book 591, Page 223 of Deeds;
ALSO EXCEPTING THEREFROM a right-of-way for public highway and public utilities purposes
over the Westerly rectangular 30 feet of said parcel of land, as conveyed to the County of
Riverside, by deed recorded May 24, 1933 in Book 122, Page 374 of Official Records;
ALSO EXCEPTING THEREFROM the easterly 14 feet of the westerly 44 feet of said parcel of land
as described in the deed to the County of Riverside, recorded July 1,1969 as Instrument No.
66%7, of Official Records;
ALSO EXCEPTING THEREFROM the Northerly 290.00 feet of said parcel of land,
CONTAINING: 3,040 Square Feet, more or less.
SUBJECTTO all Covenants, Rights, Rights -of -Way and Easements of record.
Graphically depicted on 'EXHIBIT "B" — PLAT', attached hereto and by this reference made a
part hereof.
This legal description was prepared
by me or under my direction.
Be ja n Daniel Egan, PLS 9756
Prepared September 13, 2018
Page i of i
Page 11
Exhibit "B"
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EXHIBIT "B" - PLAT
PUT TO A=WPANY LEGAL OESWnON FOR
A PUBLIC ROAD AND UTM EASEL ff
NWi/4. WWI/4, NE1/4, Mr- 29. TS,Sr M SW
APN 500--030-010 / CHM FAMLY PROPWES
LINKED PARTNERSIRP
EXCEPTION, - NORTH 290.00' r
EAST 9.00' OF WEST 53-00'
,,
pit
OF SOUTH 660'
EXCEPTION - 30'
�`�
IN PER DEED REC. 5/24/1933
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J BOOK 122. PAGE 374 O-R.
III SECT[Q, 29
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EXCEPTION - 14.00' PER �L1
GRMT DEED REC. 7/1/1969
AS INST . #66907 . O.R.
9.00' A41
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'All
EASEMENT
�,040+ SO. FT-
EXCEPTION - CVWD STORM CHANNEL R.O.W.
PER DECREE OF CCNffWTICK REC.
10/06/1923 IN BOOK 591 PAGE 223 % DEEDS.
VlaNTTY MAP
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+(T TO `;;+[.E
NORTHERLY LINE OF C}+1MD STORM iAvv_
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Page 12
EXHIBIT "A"
LEGAL DESCRIPTION
TEMPORARY CONSTRUCTION EASEMENT- DUNE PALMS BRIDGE
(APN 600-030-MO / CHIN FAMILY PROPERTIES LIMITED PARTNERSHIP)
That certain parcel of land located in the City of La Quinta, County of Riverside, State of
California being a portion of that certain parcel of land described in a Quitclaim Deed recorded
November 23, 2005 as Doc. # 2005-0972217 of Official Records of said County, more
particularly described as follows:
COMMENCING at the intersection of the westerly line of the northeast quarter of Section 29,
Township 5 South, Range 7 East, San Bernardino Meridian with the northerly line of that parcel
of land included in the Coachella Valley Storm Water District as acquired by said District by
Decree of Condemnation recorded October 6, 1923, in Book 591, Page 223 of Deeds;
Thence along said northerly line South 71"20'45" East a distance of 55.99 feet to a line parallel
with and 53.00feet easterly, as measured at right angles, from said westerly line of the
northeast quarter of Section 29, said point being the POINT OF BEGINNING;
Thence along said parallel line North 00009'52" West a distance of 346.00 feet;
Thence leaving said parallel line at right angles North 89'50'08" East a distance of 21.00 feet to
a line parallel with and 74.00 feet easterly, as measured at right angles, from said westerly line
of the northeast quarter of Section 29;
Thence along said parallel line South 00009'52" East a distance of 101.54feet;
Thence leaving said parallel line at right angles South 89°50'08" West a distance of 16.00 feet to
a line parallel with and 58.00 feet easterly, as measured at right angles, from said westerly line
of the northeast quarter of Section 29;
Thence along said parallel line South 00009'52" East a distance of 44.Do feet;
Thence leaving said parallel line at right angles North 89°50'08" East a distance of 19.00 feet to
a line parallel with and 77.00 feet easterly, as measured at right angles, from said westerly line
of the northeast quarter of Section 29;
Thence along said parallel line South 00'09'52" East a distance of 92.00 feet;
Thence leaving said parallel line at right angles North 89050'08" East a distance of 41.00 feet;
Page i of 2
Page 13
Thence leaving said parallel line South 19'40'58" East a distance of 31.49 feet to a line parallel
with and 128.00 feet easterly, as measured at right angles, from said westerly line of the
northeast quarter of Section 29;
Thence along said parallel line South 00°09'52" East a distance of 104.17 feet to the northerly
line of said parcel of land included in the Coachella Valley Storm Water District as acquired by
said District by Decree of Condemnation recorded October 6, 1923, in Book 591, Page 223 of
Deeds;
Thence along said northerly line North 71'20'45" West a distance of 79.24 feet to the POINT OF
BEGINNING.
CONTAINING: 11,508 Square Feet, more or less.
SUBJECT TO all Covenants, Rights, Rights -of -Way and Easements of record.
Graphically depicted on `EXHIBIT "B" — PLAT', attached hereto and by this reference made a
part hereof.
This legal description was prepared
by me or under my direction.
BeeaK Daniel Egan, PLS 8756
Prepared September 13, 2018
Page 2 of 2
Page 14
Exhibit "B"
N',Y LIB OF S'+Y F'�;, - EXHIBIT $1B" - PLAT
PUTT 70 ACCOMPANY lJS& UESCJiIFIfON FOR
A PUBLIC ROAD AND UTM EASDAM
NMl1/4y NW1/4, NE1/4, SEC. 29, = M SIIM
3 f AFM 600-GSD-010 / CNN FAWLY PROMI ES
uMM� PAIt1MElMP
r 1 � i_��7�
5aay J� ,
n
W1/4
=T[iN 29
LI'E T4ELE
®
BEARI'4S
LENGTH
1
S71°20'45"E
55,99'
2
NOO'09'52"A.
346.00'
3
N89'50'08'
21.00'
4
SOO'09'52"E
101.54'
5
S89'50'06'W
16.00'
6
S00'09'52"E
44.00'
7
N89'50'08'E
19.00'
8
S40 09'52"E
92.00'
9
N89'50'08'E
41.00'
10
S18'40'58'E
31.49'
11
SOO'09'52'E
104.17'
12
N71 20a5'1
79.24'
-���
BE DANIEL E hTFLS 8156
PREPARED 09/13/2018
VUNIiY MAP
F-- 2
Wl TO SLICE
Nt l'd
FCT(ON 29
CVMp �
— HC]irrY • ----
LOCATION MAP
Wr TO SCALE
V'Y
II
TEMPORARY
CONSTRUCTION,
w
EASEMENT
0
13.508r SO. _-
_Ln
,EXCEPTION - CVWD STORM
w
CHANNEL R.O.M. PER DECREE OF
CO1Ef]WTION REC. 10/06/1923
0
IN BOOK 591 PAGE 223 OF DEEDS.
•- - NCR I� BL Y LINE 0Y CVff) STORM CHANNEL,,.
SOUTFUT,Y , INi OF THE NW '/4 OF
n
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o
SHEET 1
OF 1
Page 15
Exhibit "C"
Improved Mobile Home Park Sales
IMPROVED MOBILE HOME SALES COMPARISON SUMMARY TABLE
Location
APN
Grantor/Grantee:
COE Date
Site Size (SF)
Sales Price
Verification
Doc No.
Site Size (Acres)
Price Per Unit
SUBJECT PROPERTY
46400 Dune Palms Road
---
491,792
---
La Quinta, CA
---
11.29
---
600-030-010
---
Comparable No. 1
15500 Bubbling Wells Road
7/9/2018
2,591,820
$16,700,000
Desert Hot Springs, CA
0275603
59.50
$52,681
656-265-005; 656-160-009, -010
Grantor:
Grantee:
Verification:
Comparable No. 2
13063 5th Street
Yucaipa, CA
0319-152-48
Grantor:
Grantee:
Verification:
Comparable No. 3
69530 Dillon Road
Desert Hot Springs, CA
654-160-009, -010, -011, -012;
654-150-007
Grantor:
Grantee:
Verification:
Comparable No. 4
68916 H Street
Cathedral City, CA
Bubbling Wells Properties, LLC
BREIT Hidden Springs MHC, LLC
Ross Cooper (broker); public records, recorded grant
deed
5/14/2018 267,894 $2,900,000
0175025 6.15 $39,189
Mobile Home Group III, LLC
Inversiones California, LLC
Douglas McCauley (broker); public records, recorded
grant deed
7/14/2017 1,052,410 $2,717,000
0289092 24.16 $28,010
SAB Management, LLC
Oasis Hot Springs Mobile Home Park, LLC
Chuck Wilson (broker); public records, recorded grant
deed
4/28/2017 217,800 $2,500,000
0169645 5.00 $34,247
Page 16
687-262-001
Grantor:
Loni Lee Stanchfeld, trustee
Grantee:
L Wang Family Partnership and Wang Discovery, LP
Douglas Danny (Broker); public records, recorded
Verification:
grant deed
Comparable No. 5
73687 Didsbury Drive
7/23/2018 109,771 $1,264,000
Twentynine Palms, CA
0267088 2.52 $63,200
0620-111-31
Grantor: White Star Capital LLC
Grantee: MHP BlueSky LLC
Noel Maza (seller); public records, recorded grant
Verification: deed
Page 17
Exhibit "C-1"
Vacant Land Sales
Location
Assessor's Parcel No.
COE Date
Acreage
Sales Price
GrantoriGrantee
Doc No.
SF
Price Per SF Zoning
Larger Parcel
4040D Dune Palms Road
N;App
-1.29
N!App RM, Medium
La Quetta. CA 92253
WApp
491.792
Density
000-030-010
Residential
Land Sale No_ 1
SEC Avenue 52 and Monroe Street
12/7t2018 8.65 52.05D,000
A-1-10
Indio. CA
0477032 378.101 $5,42
767.220-023
Grantor
LSD Realty, LLC
Grantee:
Empire South. LLC, dba in California as 6PC Ave 52 LLC
Land Sale No. 2
SW C Avenue 58 and Monroe Street
129512017 4.36 $775,000
A-1200
LaQuinta.CA
0528028 189.922 S4.D8
707-5604114
Grantor
Brent Dill and Eileen Dill, trustees
Grantee:
Morrow Management
Land Safe No. 3
hovley Lane East
V1712017 18.13 53.70C,300
CP,
Palm Desert. CA
0110091 789.942 S4.08
Commercial,,
624-040-015, 024-060-089
Residential
Grantor
WR XVIII, LLC
Grantee:
New Cities Investment Partre.,s LLC
Land Sale No.
Janes Road and Carey Road
Z23,201a 7.50 S2.280,000
R204M
Cathedral City, CA
0069612 326.700 S6.92
081-310-014,-010
Grantor.
Pensce Trust Company, Allan Singer IRA *60769256
Grantee.
Gilt-Mor Developments. and Gonzales Investments, LLC
Land Sale No, 5
Gerald Ford Drive
In Escrow 14.97 S0.8C0,300
MISP,
Palm Desert. CA
Notavailabie 652.093 s1012
Millennium
094-190-087 "
Specific Plan
Grantor
Pending
Grantee:
Pending
Land Sale No. 6
1580 Amado Road
912Q2010 2.00 31,300,000 RM. Medium
Palm Springs. CA
0259323 121.908 S10.W Density
508-080-038
RestdentW
Grantor: James D. Miller
Grantee: Indio 40 Investments LP
Page 18
Exhibit "D"
Block Wall Exhibit
(To be Inserted)
Page 19
Loss of Goodwill
California law provides that under the circumstances detailed below, a business owner may be
compensated for a loss of goodwill. Section 1263.510 of California Code of Civil Procedure states:
(a) The owner of a business conducted on the property taken, or on the remainder if such
property is part of a larger parcel, shall be compensated for loss of goodwill if the owner proves
all of the following:
The loss is caused by the taking of the property or the injury to the remainder;
2. The loss cannot reasonably be prevented by a relocation of the business or by
taking steps and adopting procedures that a reasonably prudent person would take and adopt
in preserving the goodwill;
3. Compensation for the loss will not be included in payments under Section 7262
of the Government Code; and
4. Compensation for the loss will not be duplicated in the compensation otherwise
awarded to the owner.
(b) Within the meaning of this article, "goodwill" consists of the benefits that accrue to a
business as a result of its location, reputation for dependability, skill or quality, and any other
circumstances resulting in probable retention of old or acquisition of new patronage.
Page 20