Loading...
HomeMy WebLinkAbout600-030-010-A001 Robles ( MH-31) Offer 06-20-19June 10, 2019 Ms. Hilda Robles 46400 Dune Palms Road, Unit 31 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 31 La Quinta, California Dear Ms. Robles: The City of La Quinta, (hereinafter called the "City'l, 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. 31, 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 sum of $35,600 (Thirty -Five Thousand Six 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, lienhoiders, or any possessory or other interests in the Property will be your responsibility. 78-495 Calle Tampico I La Quinta I California 92253 1 760.777.7000 1 www,La-Quinta.org Ms. Hilda Robles 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 i5 for conveyance of the mobile home 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. 1 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 sec.), the Resource Conservation and Recovery Act (42 U.S.C. § 6901 et seg.), the Federal Water Pollution Control Act (33 U.S.C. § 1251 et sec.), the Clean Air Act (42 U.S.C. § 7401 et =.), the Toxic Substances Control Act (15 U.S.C. § 2601 et sue.), 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 seg.), the Porter -Cologne Water Quality Control Act (Cal, Wat. Code § 13000 et se=c .), the Toxic Mold Protection Act (Cal. Health & Safety Code § 26100, et se=c.), the Safe Drinking Water and Toxic Enforcement Act of 1986 (Cal. Health & Safety Code § 25249.5 et seJc.), the California Hazardous Waste Control Law (Cal. Health & Safety Code § 25100 et S�Mc .), the Hazardous Materials Release Response Plans & 1nventory Act (Cal. Health & Safety Code § 25500 et seg.), and the Carpenter -Presley -Tanner Hazardous Substances Account Act (California Health and Safety Code, Section 25300 et sea.). 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, Page 2 Ms. Hilda Robles June 10, 2019 Page 3 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. (OPC) 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. cc: Overland, Pacific & Cutler, LLC. Page 3 STATEMENT OF ]UST COMPENSATION Date of Offer: June 10, 2019 Assessor's Mobile Home located on Assessor Parcel No. 600-030-010 Parcel: Property Hilda Robles Owner(s): Property 46400 Dune Palms Road, Unit 31, 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: Fleetwood Broadmore Mobile Home, with addition, Two sheds, Wooden fence, and Landscaping with irrigation Page 4 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: $ 35,616.00 Valuation Conclusion: Fair Market Value of Mobile Home, Including Site Improvements (rounded): $ 35,600.00 ' The improvements that were valued are as follows: Mobile Home with addition, Two Sheds, Wooden Fence, Landscaping with Irrigation Page 5 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. 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. 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 No: 31 Coach Owner: Hilda Robles Home Manufacturer/Model: Fleetwood Broadmore Home Serial Number: S1647 Year Manufactured: 1968 Decal Number: AAW9653 HUD Label/Insignia No.: 18287 According to the measurements taken, the total square footage is estimated at 968 square feet; this includes Total Square Footage: addons. The length and width reflected in the title registration are 60 by 14, which equals 840 square feet. No. Bedrooms Originally 3 bedrooms; currently segregated into 4 sleeping areas. No. Bathrooms: 2 Site Improvements: Mobile home with addition, Two Sheds Wooden Fence Landscaping with Irrigation Page 8 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. Page 10