HomeMy WebLinkAbout600-030-010-A002 Ontiveros (Trujillo) - Offer (MH-1) 06-10-19June 10, 2019
Ms. Ivette Ontiveros
46400 Dune Palms Road, Unit 1
La Quinta, CA 92253
Regarding: Dune Palms 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, Unit 1
La Quinta, California
Dear Ms. Ontiveros:
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 Road 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 the portion of the mobile home park on which your mobile home is located. The City
is interested in purchasing the mobile home you own located at 46400 Dune Palms Road,
Unit No. 1, in the City of La Quinta, California (hereinafter Property).
Therefore, pursuant to Government Code section 7267.2, the City hereby makes
a formal offer to purchase the Property for the sure of $43,500 (Forty -Three Thousand
Five Hundred and No/100 Dollars).
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.
78-495 Caile Tampico l La Quinta I California 92253 1 760.777.7000 1 www.La-Quinta.org
Ivette Ontiveros
June 10, 2019
Page 2
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.
This offer is for conveyance of the street and utility easement described above,
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:
1. Any other interests in the Property or exceptions to title appearing on a
Certificate of Title or other title documents, 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.
I 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 go vernmental 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 LiabilityAct of 1980, as amended by the SuperfundAmendments and Reauthorization Act
of 1986 (42 U.S.C.A. § 9601), the Hazardous Materials Transportation Act (49 U.S C. § 1801 et sue.), the
Resource Conservation and RecoveryAct (42 U. S C § 6901 et seg.), the Federal Water Pollution Control Act
(33 U.S.C. § IZ51 et.), the Clean Air Act (42 U.S.C. § 7401 et sue.), the Toxic Substances Control Act (15
U.S.0 § 2601 et s=c.), the Oil Pollution Act (33 U.S.C. §Z70I et =seg), . the Emergency Planning and
Community Right -to -Know Act (42 U. S. C. ,§ I1001 et s=.), the701Porter-CologneWater Quality Control Act (Cal.
Wat. Code § 13000 eta.), the Toxic Mold Protection Act (Cal. Health & Safety Code § 26100, et sue.), the
Safe Drinking Water and Toxic Enforcement Act of 1986 (Cal. Health & Safety Code § 25249.5 et seq ), the
California Hazardous Waste Control Law (Cal. Health & Safety Code § 25100 et seg,), the Hazardous Materials
Release Response Plans & Inventory Act (Cal. Health & Safety Code § 25500 et =.), and the Carpenter -
Presley -Tanner Hazardous Substances AccountAct (California Health and SafetyCode, Section 25300 et sea ).
As used in this letter, the term "Hazardous Materials) "includes, without limitation, any hazardous or toxic
material, substance, irritant, chemical, or waste, including without limitation (a) any
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Ivette Ontiveros
June 10, 2019
Page 3
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 0) lead -based paint.
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 Patti Feist, of OPC at 1-760-899-5569.
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 Ms. Feist 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 the 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 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.
Sincerely,
City M
cc: Overland, Pacific & Cutler, LLC.
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STATEMENT OF JUST COMPENSATION
Date of Offer: June 10, 2019
Assessor's Mobile Home located on Assessor Parcel No. 600-030-010
Parcel:
Property Ivette Ontiveros
Owner(s):
Property 46400 Dune Palms Road, Unit 1, La Quinta, California
Address:
Legal See Attached Exhibits "A"
Description:
Public Use for Street and Utility Improvements for Bridge
Property:
Date of Value: November 6, 2018
Estate to be Fee ownership of Mobile Home
Acquired:
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: As currently developed.
Present Use: Single Family Mobile Home
Zoning: RM - Medium Density Residential
Improvements: Angelus Mobile Home, approximately 750 square
feet, Gravel Ground Cover, Medium Box Trees (fruit),
Medium Bushes, Drip Irrigation System with timer,
Shed.
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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 typically the preferred method for Single Family
Residential valuation when comparable date is available. The appraisal market data
investigation generated a sufficient database of comparable sale for use in the valuation
by Sales Comparison Approach.
The Cost Approach, wherein the land is appraised as if vacant and available for
development to its highest and best use. To this result is added the improvements
estimated cost of replacement or reproduction new less depreciation accruing from all
causes. This approach was considered but not utilized in this appraisal. Value conclusions
derived from the Cost Approach are not representative of the market area in which homes
similar to the subject commonly exchange in.
The income Approach, which requires a study of the earnings capacity of the real estate,
and the conversion of such net income into value by means of a capitalization process.
This approach as considered but not utilized in this appraisal, due to a lack empirical data
in the subject market area that would be required to arrive at a meaningful value
conclusion. In addition; the mobile home owners in the Dune Palms Estates are not to
sublease their homes as part of their leasing agreement. In addition, they do not lease
mobile home units for liability and/or expense purposes. As such, the possibility of rental
income is not a factor in this analysis; and not considered in the valuation of the subject
home.
For the reasons state above, the income and Cost approaches were not employed as
meaningful indicators of the subject's fair market value and the appraiser relied upon the
Sales Comparison Approach.
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 Exhibit "B" attached
hereto, as being most helpful when estimating the value of the subject property:
Sales Approach Analysis:
Value of the Property pursuant to Sales Comparison approach, including site
improvements previously listed:
43,456.00
Valuation Conclusion: Fair Market Value of Mobile Home, Including Site
Improvements (rounded):
$ 43, 500.00
' The improvements that were valued are as Follows:
Gravel Ground Cover, Medium Box Trees (fruit), Medium Bushes, Drip Irrigation System with Timer,
Shed,
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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;
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 6
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, and 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 7
Exhibit "A"
Mobile Home Description
Address: 46400 Dune Palms Road, La Quinta, California 92253
Space: 1
Coach Owner: Ivette Ontiveros
Home Manufacturer/Model: Angelus Mobile Home
Home Serial Number: S10399
Year Manufactured: 1963
Decal Number: AAM7960
HUD Label/Insignia No.: A63840
According to the measurements taken, the total square
footage is estimated at 760 square feet; this includes
Total Square Footage: addons. The length and width reflected in the title
registration are 55 by 10, which equals 550 square
feet.
No. Bedrooms 2
No. Bathrooms: 1
Site Improvements: Angelus Mobile Home, Wood shed, (approximately 10'
x IT), approximately 600 square feet of gravel ground
cover, multiple fruit trees with times, drip irrigation
system.
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EXHIBIT "B"
Mobile Home Sales
Location Unit No Date of
Gross Living
Year Built
Adjusted
Sale
Area
(MH)
Sales
Price
1
81351 47 August
924
1984
$15,290
Avenue 46, 20,2018
Indio, CA
92201
Maria Estela Razo, Bennion Deville Homes
2
47340
Unknown
November
400
2005
$20,160
Jefferson
16,2018
Street,
Indio, CA
92201
Public Records
3
80000 Ave. Unknown August
792
1979
$29,000
48, Indio, 18, 2018
CA 92201
Public Records
4
22840 19 October
1,176
1999
$60,800
Sterling 5, 2018
Avenue,
Palm
Springs, CA
92264
Sean Carbajal, Public Records
5
127 Pali 127 November
800
1968
$68,400
Drive, Palm 9, 2018
Springs, Ca
92264
Christopher Bale, Public records
Page 9
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:
1. 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.
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