City_Council_Agenda_10-05-2022_Item_No._13 — Calexico City Council, October 5, 2022

AGENDA
ITEM
13 AGENDA STAFF REPORT

CALEKICO
DATE: October 5, 2022
TO: Mayor and City Council
APPROVED BY:

PREPARED BY: Carlos Campos, City Attorney
SUBJECT: Adopt Resolutions of the City Council of the City of Calexico Finding and Determining the Public Interest and Necessity for Acquiring and Authorizing the Condemnation of Right of Way Easements for Public Street and Utilities Purposes Relating to Assessor's Parcel Numbers 058-020-024; 058-020-013; 058- 020-008; and 058-030-099, located on or about CA HWY 111, for the Weakley Street Improvement Project.
=== ============: ----
Recommendation:

Adopt Resolutions finding that the public interest and necessity require the acquisition of Right of Way Easements for Public Street and Utilities Purposes ("Easements") Relating to Assessor's Parcel Numbers 058-020-024; 058-020-013; 058-020-008; and 058-030- 099, located on or about CA HWY 111, for the Weakley Street Improvement Project ("Project").

Background:

In order to accommodate the Project as proposed, City Staff has undertaken preliminary investigations required to identify and attempt to acquire the Easements needed to accommodate the Project. Pursuant to applicable requirements of law, the City had the Easement interests it proposed to acquire appraised. The appraisal resulted in an offer letter being sent to the property owners pursuant to Government Code section 7267.2.

Because the Easements will encumber 100% of the fee simple rights, the appraisal valued the proposed takings as if they were fee acquisitions.

City Staff has attempted to undertake negotiations with the property owners, but to date has not been able to secure a final agreement for the acquisition of the Easements by way of negotiated agreement. Staff will continue to pursue discussions with the property owners, regardless of the City Council's actions with respect to the proposed Resolutions this evening, in an attempt to reach mutually AGENDA agreeable terms for such a negotiated transfer. ITEM
13 812110500114072080901
Discussion & Analysis:

The Resolutions before the City Council this evening is are resolutions of necessity under Calitornia Code of CIVil Procedure sections 1245.210, et seq. Such resolutions must be considered, and approved, by the legislative body prior to any exercise of eminent domain to acquire property, including easements. The 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 for the acquisition of the Easements, including a determination that the Project was reviewed under applicable environmental review procedures (CEQA).

The amount of compensation due for the Easements is not a subject of the Resolutions, and therefore not before the City Council as an issue to be considered as part of the Resolutions.

The property owners, and/or their representatives, have a right to appear and be heard on the matters encompassed within the Resolutions affecting their properties. As required by the California Eminent Domain Law, the property owners will be given notice of the City's consideration of the Resolutions, 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 Easements proposed to be taken. As of the date of writing this report, the property owners have not contacted the City to inform it that they desire to be heard at the meeting.

The facts supporting the various findings included with the Resolutions are recited in more detail in the Resolutions. Generally, the public interest and necessity require the Project, in that the Project is designed to relieve regional traffic congestion and improve the capacity of the street. The Project is located in a manner most compatible with the greatest public good and least private injury, in that the design of the roadway widening must of necessity occupy land which is immediately adjacent to the existing roadway, in order to maintain the continuity of the alignment of the road for all users. The Easements to be taken for the Project are necessitated and established by the street alignment in an effort to minimize any disproportionate burden or impact of the required Easements being taken. The Project is designed in a manner compatible with the greatest public good, in that the Project will involve road widening, along with the installation of a public sidewalk and drainage improvements. This will enhance the utility of the area and help improve traffic circulation.

The City Council has the option of either passing, or refusing to pass, the proposed Resolutions. If the Resolutions are passed, City Staff and Special Counsel will proceed to initiate eminent domain proceedings, which ultimately would lead to a determination of the fair market value of the Easements proposed to be taken and any severance damages to be paid through court proceedings. If the City Council does not pass the Resolutions, the City can either (i) commit to acquiring the identified Easements from the owners only by negotiated acquisition, (i) 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 Resolutions, City Staff requests that the City Council adopt the Resolutions.

Fiscal Impact:

The eminent domain proceedings will ultimately lead to a determination of the fair market value of the Easements proposed to be taken and any severance damages to be paid.

Notably, however, the City had the Easements appraised for purposes of its Government Code section 7267.2 offer. The City's independent appraiser valued the compensation to be paid for the acquisition of the Easements at $8,200.00, $18,600, $43,400 and $67,700, respectively, as of August 1, 2022. Additional costs will be incurred in legal fees, appraisal fees and court costs relating to the initiation of eminent domain proceedings if the Resolutions are approved and the matter proceeds to court.

Coordinated With:

City Manager's Office.

City Attorney's Office.

Public Works Department.

Attachments):

Proposed Resolutions of the City Council of the City of Calexico Finding and Determining that the public interest and necessity require the acquisition of Right of Way Easements for Public Street and Utilities Purposes ("Easements") Relating to Assessor's Parcel Numbers 058-020-024; 058-020-013; 058-020-008; and 058- 030-099, located on or about CA HWY 111, for the Purposes of the Weakley Street Improvement Project.

2. Precondemnation Offers for the Acquisition of the Easements. 81211.05001\40720809.1
RESOLUTION NO. 2022-..

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

CALEXICO FINDING AND DETERMINING THE PUBLIC

INTEREST AND NECESSITY FOR ACQUIRING AND

AUTHORIZING THE CONDEMNATION OF A RIGHT OF

WAY EASEMENT FOR PUBLIC STREET AND UTILITIES

PURPOSES RELATING TO ASSESSOR'S PARCEL
NUMBER 058-020-024, LOCATED ON OR ABOUT CA HWY
111 IN THE CITY OF CALEXICO, IMPERIAL COUNTY, FOR

THE WEAKLEY STREET IMPROVEMENT PROJECT
WHEREAS, the City of Calexico ("City") has been investigating the potential acquisition of a right of way casement for public street and utilities purposes ("Easement") relating to Assessor's Parcel Number ("APN"') 058-020-024 ("Property"), located on or about CA HWY 111, in the City of Calexico, Imperial County, for the Weakley Street Improvement Project ("Project").

WHEREAS, after proper written notice, made pursuant to Code of Civil Procedure section 1245.235, was given to the record owners of the Property, and more specifically described and depicted in Exhibits "A" and "B" which are incorporated herein by reference, the City Council of the City of Calexico, on October 5, 2022, held a hearing for the purposes of allowing the record owners of the Property reasonable opportunity to appear and be heard regarding the City's identification of the Project, and on the following matters:

A. Whether the public interest and necessity require the Project; B. Whether the Project is planned or located in a manner which is most compatible with the greatest public good and the least private injury;
C. Whether the Subject Property proposed to be acquired in necessary for the Project;
D. Whether the offer required by Government Code section 7267.2 has been given to the owners of record; and
E. Whether the City has properly exercised all of its statutory responsibilities and duties antecedent to the exercise of eminent domain against the Subject Property, including review under the California Environmental Quality Act.

WHEREAS, the City Council, as a result of such hearing, has determined that the public health, safety and welfare require that the City acquire the Easement, for the purposes of paving and improving Weakley Street, pursuant to the Project.

WHEREAS, the City is hereby authorized and empowered to acquire the Easement by eminent domain for the proposed Project in accordance with Code of Civil Procedure section 81211.05001\40721232.1
1230.010 et seq., Government Code sections 37350.5 and 40404, the California Constitution, and California Eminent Domain Law.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Calexico, California, that the City Council does hereby find, determine and declare upon evidence presented to the City Council as follows:

SECTION 1. The Project for which the Easement is being acquired is the Weakley Street Improvement Project, which consists of paving and improving Weakley Street, including the installation of a public sidewalk, curb, gutter and utilities.

SECTION 2. The Easement and the Property are located on or about Weakley Street, Calexico, California 92231 (APN 058-020-024). The Easement that the City seeks to acquire consists of the following:

A right of way casement for public street and public utilities purposes, including the installation of conventional asphalt concrete leveling course, installation of curb, gutter and sidewalk, traffic striping and traffic control for street widening, in, over, under, upon, and across all that real property situated in the City of Calexico, County of Imperial, State of California, more particularly described in the legal description attached hereto as Exhibit "A" and depicted or illustrated on the map attached hereto as Exhibit "B," both of which are attached hereto and incorporated herein by this reference.

SECTION 3. The public interest and necessity require the Project, in that the Project is designed to relieve regional traffic congestion and improve the capacity of the street.

SECTION 4. The Project is located in a manner most compatible with the greatest public good and least private injury, in that the design of the roadway widening must of necessity occupy land which is immediately adjacent to the existing roadway, in order to maintain the continuity of the alignment of the road for all users. The Easement to be taken for the Project is necessitated and established by the street alignment in an effort to minimize any disproportionate burden or impact of the required property being taken from the individual property owners. The Project is designed in a manner compatible with the greatest public good, in that the Project will involve road widening, along with the installation of a public sidewalk and drainage and utility improvements. This will enhance the utility of the area and help improve traffic circulation.

SECTION 5. The Easement is necessary for the proposed Project, in that the roadway widening must occur on property immediately adjacent to the existing roadway.

SECTION 6. The offer required by Government Code section 7267.2(a), together with the accompanying statement of and summary of the basis for the amount established as just compensation, was made to the record owners by way of a letter dated August 25, 2022. City Staff has attempted to negotiate with the record owners subsequent to this offer, but such negotiations have not proved successful in securing the necessary property interests outside of more formal proceedings.
81211.05001\40721232.1
SECTION 7. There has been compliance by the City with the requirements of Section 1245.235 of the California Code of Civil Procedure and the California Environmental Quality Act.

SECTION 8. If and to the extent any portion of the Easement area 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 9. The law firm of Best Best & Krieger LLP is hereby authorized to prepare and prosecute in the name of the City such proceeding or proceedings in the court having jurisdiction thereof as are necessary for such acquisition; and to prepare and file such pleadings, documents, and other instruments and to make such arguments and generally to take such action as may be necessary in the opinion of said attorneys to acquire for the City the Subject Property, including the improvements thereon. Said attorneys are specifically authorize to take whatever steps and/or procedures are available to them under the eminent domain law of the State of California.

PASSED, APPROVED AND ADOPTED this Sth day of October, 2022.

Javier Moreno, Mayor
Attest:

Gabriela Garcia, City Clerk
Approved as to Form:

Carlos Campos, City Attorney
State of California)
County of Imperial) ss.

City of Calexico )
I, Gabriela Garcia, Deputy City Clerk of the City of Calexico do hereby certify the above Resolution No. 2022-_ _ was approved at a regular City Council meeting held on the 5th day of October, 2022, by the following vote to-wit:

AYES:

NOES:

ABSTAIN:

Gabriela Garcia, City Clerk
81211.05001\40721232.1

EXHIBIT A
[LEGAL DESCRIPTION]
81211.05001\40721232.1
EXHIBIT "A"

RIGHT OF WAY

LEGAL DESCRIPTION
THE NORTH 22.50 FEET OF THE SOUTHERLY 35.00 FEET OF PARCEL 2 OF PARCEL MAP NO. 2063, IN THE CITY OF CALEXICO, COUNTY OF IMPERIAL, STATE OF CALIFORNIA, ON FILE IN BOOK 9, PAGE 77, IN THE RECORDERS OFFICE OF SAID COUNTY.

THE ABOVE DESCRIBE PROPERTY CONTAINING 1,637 SQUARE FEET MORE OR LESS.

EXHIBIT B
[PROPERTY MAP]
81211.05001\40721232.1
EXHIBIT "B"

PROPOSED RIGHT OF WAY
SCALE: 1"=20'
(PARCEL 2 OF PM 9-77)
BL 20-02
PROPOSED RIGHT 90.22

OF WAY LINE
058-020-013 058-020-008
-
NORTH
• -N 89'56'51" E → —

73.38 EXIST. ROAD EASEMENT PER OM 1-7 8 = 0

35.00' 35.00'
015
N2--- N 89'56'51" E 71.40'
WEAKLEY F RD.
058-030-099
SOUTH LINE OF BLOCK 8
OF KLOKE TRACT (OM 1-7) LAND

SURVEYOR
BLI 9
#

VICTOR RODRIGUEZ-FERNANDEZ OF CALIFORNIA
NOTE: IS 5335

RECORD DATA PER
ARCEL MAP NO. 206.

BK 9, PG. 77) DATE BJe
J.N. 22-060
PAGE 1 OF 1
BENDER

BRI ROSENTHAL

INCORPORATED
August 25, 2022
Armando and Sandra Real
P.O. Box 194
El Centro, CA 92244
Re: City of Calexico - Weakley Street Improvement Project Site Address: 565 and 559 Highway 111 Calexico, CA 92231 Assessor's Parcel No.: 058-020-024 & -023
Offer to Purchase (Government Code § 7267.2)
Dear Mr. and Mrs. Real,
As you may be aware, the City of Calexico (City) is moving forward with the Weakley Street Improvement Project (Project). The Project will consist of the installation of conventional asphalt concrete leveling course, the installation of curb, gutter and sidewalk, traffic striping and traffic control for the street widening.

Your property, located at 565 and 559 Highway 111 Calexico, (APN(s): 058-020-024 & -023), may be affected by the Project. In accordance with Government Code section 7267.2, the City hereby makes an offer in the amount of $8,200 to acquire a roadway casement over 1,637+ square feet your property. This is the full amount determined by a qualified, independent appraiser to be the fair market value of the interests being acquired.

The enclosed Appraisal Summary Statement, which is incorporated herein by this reference, provides the basis for the amount established by the City as just compensation. As shown in the Appraisal Summary Statement, the appraisal report takes into consideration the highest and best use of the Larger Parcel, the location, zoning, the condition and size of any improvements on the Larger Parcel and the Subject Property Interests, the date of value, severance damages, and other factors that affect fair market value.

If you wish to obtain an independent appraisal of the Subject Property Interests, in accordance with California Code of Civil Procedure section 1263.025(a), the City hereby offers to reimburse you for the reasonable costs, not to exceed $5,000.00 of such an independent appraisal. Any independent appraisal must be conducted by an appraiser licensed by the California Bureau of Real Estate Appraisers. Please notify Todd Comer within 30 days of the date of this offer letter if you wish to obtain an independent appraisal of the Subject Property Interests.

If for any reason you reject the City's offer, please be advised that this offer letter and enclosures are made under the provisions of California Evidence Code sections 1152 and 1154 and shall not be admissible in any eminent domain proceeding, or any other action for any purpose prohibited under these sections.

Armando and Sandra Real
BRI August 25, 2022

Page 2 ends

If you have any questions regarding the Proposed Project, this offer, or the acquisition process, please feel free to contact Todd Comer at (909) 694-9990 or email [email protected].

Sincerely,
Tady Comer
Todd Comer
Right of Way Agent
Enclosures: Appraisal Summary Statement
Acquisition Brochure

SUMMARY STATEMENT
Weakley Street Improvement Project
Armando Real and The Rosas Family Trust Property
565 and 559 Highway 111
Calexico, California 92231
APNs: 058-020-024 and -023
BRI 22-033
BENDER

BRI ROSENTHAL

INCORPORATED
2825 Watt Avenue, Suite 200 Sacramento, California 95821 | www.benderrosenthal.com | 916.978.4900 BENDER Weakley Street Improvement Project
BRI ROSENTHAL Armando Real and The Rosas Family Trust Property INCORPORATED Calexico, California

STATEMENT AND SUMMARY OF BASIS FOR APPRAISAL
The following is a summary of the amount established by an appraisal prepared in compliance with section 1255.010 Code of Civil Procedures and section 7267.2 of the Government Code. The appraisal was made in accordance with accepted valuation principles, consistent with California valuation law. Every effort has been made to conform to the Standards of Professional Practice of the Appraisal Institute, which fully incorporate the Uniform Standards of Professional Appraisal Practice (USPAP) of the Appraisal Foundation, Caltrans Appraisal Standards and Procedures as well as State and federal uniform acts (Federal URA).

BASIC PROPERTY DATA
Appraisal Assignment To develop an opinion of the fair market value of the property rights to be acquired for the proposed
project as of the date of value.

Property Location 565 and 559 Highway 111
Calexico, California 92231

PROPERTY DATA
Legal Description The property is located on the north side of Weakley Street, west of Highway 111 (Imperial Avenue) in
Calexico, CA.

Assessor's Parcel Numbers 058-020-024 and -023
Owner of Record Armando Real and The Rosas Family Trust Large Parcel Area 2.97+ acres
Site Description 2.97+ acres of commercial land. The property is improved with a small office building to support the
used car sales operation. However, the project
impacts the land only. Therefore, we are evaluating
the land only in the valuation of this report.

Zoning CH - Commercial Highway
General Plan Designation Commercial Highway
BRI 22-033 1
BENDER Weakley Street Improvement Project
BRI ROSENTHAL Armando Real and The Rosas Family Trust Property INCORPORATED Calexico, California
Special Planning Area None.

Flood Information The subject is located in the flood Zone X (unshaded), map 06025C2075C, dated 09/26/2008.

Seismic Information Not located in a special seismic study area.

Toxic Hazards Information We were not provided with a Phase I environment assessment for this appraisal. A search of the State
Water Resources Control Board GeoTracker website
resulted in no open sites of interest on the subject or in the areas immediately surrounding the subject.

This appraisal therefore assumes that there is no
toxic contamination on the subject property. Please
refer to General Limiting Condition Number 16
regarding hazardous materials.

Property Rights Appraised Fee Simple
Date of Inspection May 16, 2022
Date of Value May 16, 2022
Date of Report August 1, 2022
Highest and Best Use, as if vacant Hold for future commercial retail development, interim use as a service commercial
Highest and Best Use, of the remainder Hold for future commercial retail development, interim use as a service commercial
BRI 22-033 2
BENDER Weakley Street Improvement Project
BRI ROSENTHAL Armando Real and The Rosas Family Trust Property INCORPORATED Calexico, California

PROPOSED ACQUISITION
The proposed acquisition is a fee acquisition for the purpose of widening and improving Weakley Street.

The proposed acquisition is located at the southern boundary of the property, along Weakley Street, and will be approximately 20.55' in width along the southern parcel line. This excludes a 12.50'-wide road dedication that was previously made, as shown on the plat map on the following page. The total acquisition size is proposed for approximately 1,637 square feet. The proposed acquisition size is described on the table below.

Item Size
Larger Parcel (APNs 058-020-024 and -023) 2.970+ Acres (129,319+ square feet) Right of Way Acquisition 0.038+ Acres (1,637+ square feet) Remainder 2.932+ Acres (127,682+ square feet)
Source: Imperial County Assessor's Tax Maps, Plat and legal and information provided by client

STATUTORY BASIS OF VALUATION
The Market Value was prepared in accordance with the following California Code of Civil Procedures definition.

Code of Civil Procedures Section 1263.320 defines Fair Market Value as follows:

Fair market value of the property taken is the highest price on the date of valuation that would be agreed to by a seller, being willing to sell but under no particular or urgent necessity for so doing, nor obliged to sell, and a buyer, being ready, willing, and able to buy but under no particular necessity for so doing, each dealing with the other with full knowledge of all the uses and purpose for which the property is reasonably adaptable and available.

The fair market value of a property taken for which there is no relevant market is its value on the date of valuation as determined by any method of valuation that is just and equitable.

Code of Civil Procedures Section 1263.330 further states:

The fair market value of the property acquired shall not include any increase or decrease in the value of the property that is attributable to any of the following:
1) The project for which the property is taken;
2) The eminent domain proceeding in which the property is taken; and 3) Any preliminary actions of the plaintiff relating to the taking of the property.

BRI 22-033 3
BENDER Weakley Street Improvement Project
BRI ROSENTHAL Armando Real and The Rosas Family Trust Property Calexico, California

INCORPORATED

VALUATION PROCESS SUPPORTING ESTIMATED COMPENSATION
This analysis identifies the similarities and differences between the subject property and comparable properties. The primary elements of comparison include property rights, financing terms, conditions of sale (motivation), market conditions (sale date), and physical characteristics (e.g. zoning, utilities, site improvements, location, access, etc.).

SALES COMPARISON APPROACH
A value indication is derived by comparing similar properties that have sold recently in the market to the larger parcel and making qualitative comparisons to the larger parcel; then applying units of comparisons to indicate a value for the larger parcel. Sales, listings and current escrows of comparables were considered in this analysis. Primary reliance has been placed on closed sales transactions.

We focused our search for recent sales of similar commercial land sites in the area of the subject property.

Due to the limited data available in the commercial market, the was expanded to both commercial and light industrial sales. Many surrounding properties are used for industrial purposes, despite the commercial zoning. Some of the uses allowed in the commercial zoning are also uses which would be permissible in an industrial zone. Additionally, the market for industrial product is slightly stronger than retail, with industrial sales comprising most of the sales activity in this area. As such, it is relevant to use industrial sales to support the fair market value of the subject property.

The comparable sales range in unit value from $2.83 to $7.26 per square foot, which is the accepted unit value for this type of property. The concluded market value for the subject property value is $5.00 per square foot, supported by the table presented on the following page.

BRI 22-033 4
BENDER Weakley Street Improvement Project
BRI ROSENTHAL Armando Real and The Rosas Family Trust Property INCORPORATED Calexico, California

COMPARABLE LAND SALES SUMMARY TABLE AND MAP
Sale # Location Seller Sale Date Size Acres
Price /
APN No. (s) Buyer Sale Price Zoning
DC # Doc # Size SF SF
LS-1 458 Rood Rd, Dollarmont Holdings, LLC. 3/9/2022 5.12t Calexico, CA
JEX Investments, LLC $1,300,000 GC $5.83
6568 4933
APNS: 059-383-001, 002, 003 223,027t
LS-2 111W Cole Road Poiriez Properties, Inc 2/17/2022

2.37t
Calexico, CA $750,000 CH $7.26
6569 APN: 059-342-033 Jose Leon 3564 103,237 t
LS-3 301 Robinson Blvd Irma T. Auyon 2/14/2022 7.21+
Calexico, CA $2,000,000 IND
6567 $6.37
APN: 059-330-006 Kiliwa Real Estate, LLC. 3220 314,068+ LS-4 1963 US Highway 111
Celtic Bank Corporation 10/5/2021 9.33+
El Centro, CA M-1-U
6563 Ares Transport Group $1,150,000 (Industrial) $2.83 APN: 044-470-020 25556 406,415₺
LS-5 300W Cole Bivd
HT Industries, LLC 9/6/2019 IR (Industrial- 10.00+
Calexico, CA $1,750,000
6566 Wildwood River Properties, LLC 16884 Rail Served) $4.02 APN: 058-020-015 435,600₺
559 and 565 Highway 111

2.97₺
SUBJECT Calexico, CA Appraisal - CH
-
APNs: 058-020-024 and -023 129,319t
CATES
LS-4
- 41
LS-3
-LS-2 SUBJECT 4LS-1
BRI 22-033
BENDER Weakley Street Improvement Project
BRI REBROAN Armando Real and The Rosas Family Trust Property INCORPORATED Calexico, California

LARGER PARCEL VALUE CONCLUSION
129,319 SF × $5.00/SF = $ 646,595

VALUE OF THE PROPOSED ACQUISITION
The property being acquired is valued based on its contributory value as part of the larger parcel. As previously discussed, the City of Calexico is proposing to acquire 1,637t square feet in fee for a roadway.

The value of the acquisition is presented next.

LAND
Value of the Proposed Acquisition
1,637+ SF × $5.00/SF $ 8,185

SITE IMPROVEMENTS
There are no site improvements located on the subject.

TOTAL VALUE OF THE PROPOSED ACQUISITION
The total value of the proposed acquisition is presented below:

Value of the Proposed Acquisition
Land $ 8,185
Site improvements 0
Total 8,185

VALUE OF THE REMAINDER AS PART OF LARGER PARCEL (LAND ONLY) The value of the remainder as part of the larger parcel is its contributory value to the larger parcel.

Deducting the part acquired (land) from the value of the larger parcel, land only, yields:

Land ($646,595- $8,185) = $ 638,410

VALUE OF THE REMAINDER, AFTER ACQUISITION, BEFORE BENEFITS Overall, the proposed acquisition does not negatively impact the utility, desirability, or marketability of the remainder. In the after condition the larger parcel will have the same highest and best use as in the before condition.

Value of the Remainder, After Acquisition, Before Benefits 127,682+ SF × $5.00/SF × 0% Rights Remaining = $ 638,410 BRI 22-033 6
BENDER Weakley Street Improvement Project
BRI ROSENTHAL Armando Real and The Rosas Family Trust Property INCORPORATED Calexico, California

SEVERANCE DAMAGES
Based upon the preceding analysis, the proposed acquisition does not adversely affect the utility, desirability or marketability of the remainder property. The remainder as valued above is compared to the remainder as part of the larger parcel.

LOSS IN MARKET VALUE
Value of the Remainder as Part of the Larger Parcel $ 638,410 Value of the Remainder, After Acquisition, Before Benefits $ 638,410 Loss in Market Value $ 0

VALUE OF THE REMAINDER, AFTER ACQUISITION, CONSIDERING BENEFITS The appraisal process requires the valuation of the remainder as a separate and distinct parcel considering all the market forces that indicate any increase in value to the remainder property resulting from the construction in the manner proposed.

Value of the Remainder, After Acquisition, Considering Benefits 127,682+ SF × $5.00/SF x 0% Rights Remaining = $ 638,410

BENEFITS
Under California eminent domain law, any potential benefits to the remainder can only be used to offset damages to the remainder. The proposed project may benefit the general traveling public but provides no quantifiable benefits to the larger parcel in the after condition; no benefits inure to the remainder due to the expansion of the transfer station.

GAIN IN MARKET VALUE
Value of the Remainder, After Acquisition, Considering Benefits $ 638,410 Less: Value of the Remainder, After Acquisition, Before Benefits 638,410 Gain in Market Value S

OPINION OF THE FAIR MARKET VALUE
Fee Acquisition $ 8,185
Net Severance Damages
Total 8,185
Rounded $ 8,200
BRI 22-033
BENDER

BRI ROSENTHAL

INCORPORATED

ACQUIRING REAL PROPERTY
FOR:

CITY OF CALEXICO

PUBLIC WORKS
LEE CaB DEPARTMENT

CALEXICO

WEAKLEY STREET IMPROVEMENTS

INTRODUCTION
Government projects designed to benefit the public as a whole often result in the acquisition of private roperty. California law provides landowners whose property is acquired for a public project certain right nd protections. An owner is to be compensated for the property being acquired, severance damages, i any, to the owner's remaining property if the entire property is not taken, and for loss of business goodwill it a business is being conducted on the property being acquired. Additionally, an owner or tenant who has to relocate because of a property acquisition is entitled to certain relocation assistance and monetary compensation in connection with the relocation.

IMPORTANT TERMS USED IN THIS BROCHURE
Acquisition
Acquisition is the process of acquiring real property (real estate) or some interest therein.

An agency can be a government organization (Federal, State, or local), a non-government organization (such as a utility company. In this brochure, the word "agency" is the City of Calexico, California, which is a local government entity.

An appraisal is a written statement independently and impartially prepared by a qualified appraiser setting forth an opinion of defined value of an adequately described property as of a specific date, supported by the presentation and analysis of relevant market information.

Condemnation
Condemnation is the legal process of acquiring private property for public use or purpose through the agency's power of eminent domain. Condemnation is usually not used until all attempts to reach a mutually satisfactory agreement through negotiations have failed. An agency then goes to court to acquire the needed property.

The term may be used to describe either the right itself or the document conferring the right. Examples are permanent easement for utilities, permanent easement for perpetual maintenance of drainage structures, and temporary easement to allow reconstruction of a driveway during construction.

Eminent Domain
Eminent domain is the right of government to take private property for public use, subject to the owner of the property taken being paid just compensation.

Fair Market Value
Fair market value is market value that has been adjusted to reflect constitutional and other legal requirements for public acquisition.

An interest is a right, title, or legal share in something. People who share in the ownership of real property have an interest in the property.

Just Compensation
Just compensation is the price an agency must pay to acquire real property. That amount may not be less than the amount established in the approved appraisal report as the fair market value for your property. If you and the agency cannot agree on the amount of just compensation to be paid for the property needed, 2 and it becomes necessary for the agency to use the condemnation process, the amount determined by the court will be the just compensation for your property.

Lien
A lien is a charge against a property in which the property is the security for payment of a debt. A mortgage is a lien. So are taxes. Customarily, liens must be paid in full when the property is acquired for a public project. Where not all of the property subject to a mortgage is taken, the mortgage need not be paid off unless the lender can demonstrate that its security interest is being impaired.

Negotiation
Negotiation is the process used by an agency to reach an amicable agreement with a property owner for the acquisition of needed property. An offer is made for the purchase of property in person, or by mail, and the offer is discussed with the owner.

Personal Property
In general, personal property is property that can be moved. It is not permanently attached to, or a part of, the real property. Personal property is not to be included and valued in the appraisal of real property.

Program or Project
A program or project is any activity or series of activities undertaken by an agency in order to build and maintain public works or public facilities.

Public Use
A "public use" is a use that confers public benefits, like the provision of public services or the promotion of public health, safety, and welfare. Public uses include a wide variety of projects such as street improvements, construction of water storage facilities, construction of civic buildings, redevelopment of blighted areas, and levee improvements to increase flood protection. Some public uses are for private entities, such as universities, hospitals and public utilities, which serve the public.

PROPERTY APPRAISAL
An agency determines what specific property needs to be acquired for a public use after a project has been planned and government requirements have been met.

If property needs to be acquired, the property owner will be notified of: (1) the agency's interest in acquiring the property; (2) the agency's obligation to secure any necessary appraisals; and (3) any other useful information.

There are other persons who have ownership or interest in the property • There are tenants on the property
• Items of real or personal property that belong to someone else are located on your property • The presence of hazardous material, underground storage or utilities
It is in the property owner's best interest to provide the appraiser with as much information as possible in order to ensure that nothing of value will be overlooked. If the property owner is unable to meet with the appraiser, he/she may wish to have a person who is familiar with the property meet with the appraiser instead
3 The appraiser will inspect the property and note its physical characteristics. He/she will review sales of similar properties in order to compare the facts of those sales with the facts about the property. The appraiser will analyze all elements that affect value. The appraiser must consider normal depreciation and physical deterioration that has taken place. By law, the appraiser must disregard the influence of the future public project on the value of the property.

After the inspection, the appraiser will complete an appraisal report that will include the appraiser's determination of the property's fair market value and the information upon which the fair market value is based. It is important to note that each parcel of real property is different and, therefore, no single formula can be used to appraise all properties. Among the factors an appraiser typically considers in estimating fair market value:
• The location of the property
• The age and condition of improvements on the property • How the property has been used
• Whether there are any lease agreements relating to the property • Whether there are any environmental issues, such as contaminated soil • Applicable current and potential future zoning and land use requirements • How the property compares with similar properties in the area that have been sold recently • How much it would cost to reproduce the buildings and other structures, less any depreciation • How much rental income the property produces, or could produce if put to its highest and best use The appraisal report will describe the property and the agency will determine a value based on the condition of the property on the day that the appraiser last inspected it, as compared with other similar properties that have sold.

NOTE: California law makes property owners eligible to receive reimbursement of up to $5,000 for the reasonable costs associated with retaining the services of a qualified real estate appraiser, licensed by the State Office of Real Estate Appraisers, to prepare an appraisal report for those same property rights for which an offer is being made.

JUST COMPENSATION
Once the appraisal of fair market value is complete, the appraisal report will be given to the agency to establish just compensation. This amount will never be less than the fair market value established by the appraisal.

If the agency is only acquiring a part of your property, there may be damages or benefits to your remaining property. Any allowable damages or benefits will be reflected in the just compensation amount. The agency vill prepare a written offer of just compensation for you when negotiations begin Buildings, Structures and Improvements
The value of any buildings, structures, or other improvements on the property to be acquired will be taken into consideration in determining just compensation. An improvement will be valued as real property regardless of who owns it.

Tenant-Owned Buildings, Structures, and Improvements
Sometimes tenants lease real property and build or add improvements for their use. Frequently, they have the right or obligation to remove the improvements at the expiration of the lease term. The agency must make an offer to the tenants to acquire these improvements as real property. 4 In order to be paid for these improvements, the tenant-owner must assign, transfer, and release to the agency all right, title, and interest in the improvements. Also, the owner of the real property on which the improvements are located must disclaim all interest in the improvements.

For an improvement, just compensation is the amount that the improvement contributes to the fair market value of the whole property, or its value for removal from the property (salvage value), whichever amount is greater.

Some improvements may be considered personal property under California law and, the tenant-owner may be reimbursed for moving them under the relocation assistance provision.

The agency will personally contact the tenant-owners of improvements to explain the procedures to be followed.

THE WRITTEN OFFER
After the agency establishes just compensation, it will begin negotiations with the property owner by delivering the written offer of just compensation for the purchase of the real property. If practical, this offer will be delivered in person by a representative of the agency. Otherwise, the offer will be made by mail and followed up with a contact in person or by telephone. All owners of the property with known addresses will be contacted unless they collectively have designated one person to represent their interests.

An agency representative will explain agency acquisition policies and procedures in writing, either by use of an informational brochure, or in person.

The agency's written offer will consist of a written summary statement that includes all of the following information:
• a general statement of the agency's proposed use for the property; an accurate description of the property to be acquired; • a list of the improvements covered by the offer;
the amount of the offer; and
the amount considered to be just compensation for each improvement which is owned by a tenant and the basis for determining that amount.

In some cases, the offer will list items of real property that you wish to keep. If you decide to keep any or all of these items, the offer will be reduced by the value of the items retained. You will be responsible for removing the items from the property in a timely manner. The agency may elect to withhold a portion of the remaining offer until the retained items are removed from the property.

Any separately held ownership interests in the property, such as tenant-owned improvements, will be identified by the agency.

The agency may negotiate with each person who holds a separate ownership interest, or, may negotiate with the primary owner and prepare a check payable jointly to all owners.

The agency will give you a reasonable amount of time to consider the written offer and ask questions or seek clarification of anything that is not understood
If you believe that all relevant material was not considered during the appraisal, you may present such information at this time. Modifications in the proposed terms and conditions of the purchase may be requested. The agency will consider any reasonable requests that are made during negotiations.

Partial Acquisition
Often an agency does not need all the property you own. The agency will usually purchase only what it needs.

If the agency intends to acquire only a portion of the property, the agency must state the amount to be paid for the part to be acquired.

In addition, an amount will be stated separately for damages, if any, to the portion of the property you will keep.

If the agency determines that the remainder property will have little or no value or use to you, the agency will consider this remainder to be an uneconomic remnant and will offer to purchase it. You have the option of accepting the offer for purchase of the uneconomic remnant or keeping the property.

AGREEMENT
When you reach agreement with the agency on the offer, you will be asked to sign a purchase agreement which will state the amount you are to be paid. Your signature will affirm that you and the agency are in agreement concerning the acquisition of the property, including terms and conditions. If a settlement cannot be reached, the agency will initiate condemnation proceedings.

The agency may not take any action to force you into accepting its offer. Prohibited actions include:

Advancing the condemnation process
Deferring negotiations
Deferring condemnation
• Delaying the deposit of funds with the court for your use when condemnation is initiated
Any other coercive action designed to force an agreement regarding the price to be paid for your property

PAYMENT
The next step in the acquisition process is payment for your property. When all the necessary paperwork is completed for transferring title of the property, the agency will pay any liens that exist against the property and pay your equity to you. Your incidental expenses will also be paid or reimbursed.

Incidental expenses are reasonable expenses incurred as a result of transferring title to the agency, such as:
• Recording fees and transfer taxes
• Documentary stamps
• Evidence of title, however, the agency is not required to pay costs required solely to perfect your title or to assure that the title to the real property is entirely without defect • Surveys and legal descriptions of the real property, and other similar expenses necessary to convey the property to the agency
Penalty costs and other charges will be reimbursed for prepaying any pre-existing recorded mortgage entered into in good faith encumbering the real property.

The pro rata share of any prepaid real property taxes that can be allocated to the period after the agency obtains title to the property or takes possession of it will be reimbursed.

If possible, the agency will pay these costs directly so that you will not need to pay the costs and then claim reimbursement.
6 Any person, business, or farm operation displaced as a result of the property acquisition is entitled to relocation advisory and financial assistance for eligible relocation expenses, such as moving expenses. The amount of relocation compensation is determined on a case-by-case basis in accordance with prescribed law. Relocation benefits are handled separate and apart from the determination of the property's fair market value.

POSSESSION
The agency may not take possession of your property unless:
• you have been paid the agreed purchase price, or
• in the case of condemnation, the agency has deposited with the court an amount for your benefit and use that is at least the amount of the agency's approved appraisal of the fair market value of your property, or
• the agency has paid the amount of the court award of compensation in the condemnation proceeding.

If the agency takes possession while persons who still occupy the property, those persons:
• must receive a written notice to move in advance of the required date to move. In this context, the term person includes residential occupants, homeowners, tenants, businesses, non-profit organizations, and farms.
• are entitled to relocation assistance and certain monetary benefits provided by California law.

SETTLEMENT
The agency will make every effort to reach an agreement with you during negotiations. You may provide additional information and make reasonable counteroffers and proposals for the agency to consider.

A real estate transaction with CITY is typically handled in the same way as the sale of private property.

However, there may be a financial advantage to selling to CITY. • You will not be required to pay for real estate commissions, title costs, preparation of documents, title policy or recording fees required in closing the sale. CITY will pay all these costs. • Although CITY cannot give you tax advice or direction, you may also be eligible for certain property and income tax advantages. Please check with the Internal Revenue Service (IRS) for details, or consult your personal tax advisor.

CONDEMNATION
EMINENT DOMAIN - Information Pamphlet

INTRODUCTION
The City of Calexico, CA. (City) is a local government entity that is vested by law with the authority to exercise the power of eminent domain. Eminent domain is the power to purchase private property for a "public use" so long as the property owner is paid "just compensation." Whenever possible, City tries to avoid using eminent domain and only exercises this power when it is necessary for a public project. The decision to acquire private property for a public project is made by CITY only after a thorough review of the project, which often includes public hearings.

This pamphlet provides general information about the eminent domain process and the rights of the property owner in that process.
7 EMINENT DOMAIN AND THE PROPERTY OWNER'S RIGHTS
The eminent domain process begins if the agency and the property owner cannot reach agreement on the sale of the property.

CITY, to the greatest extent practicable, will make every reasonable effort to acquire your property by negotiated purchase. If, however, the negotiations are unsuccessful, CITY may file an eminent domain action in a court located within the same county where your property is located.

The main purpose of an eminent domain trial is to determine the fair market value of your property, including compensable interests such as lost business goodwill caused by the taking. The trial is usually conducted before a judge and jury. You (and any others with interests in the property) and CITY will have the opportunity to present evidence of value, and the jury will determine the property's fair market value.

In cases where the parties choose not to have a jury, the judge will decide the property's fair market value.

Generally, each party to the litigation must disclose its respective appraisals to the other parties prior to trial.

If you challenge CITY's right to acquire the property, the eminent domain trial will also determine whether or not CITY has the legal right to acquire the property. In such cases, the judge (not the jury) will make this determination before any evidence is presented concerning the property's fair market value.

In an eminent domain action, you are entitled to be reimbursed by the condemning agency for your court costs such as court filing fees. In some circumstances, you may also be entitled to be reimbursed by the condemning agency for your litigation expenses (attorneys' fees and expert witness fees) in the lawsuit.

Whether you will be entitled to receive reimbursement for your litigation expenses will depend on the particular facts and circumstances of the case and the offers and demand for compensation made in the action.

RESOLUTION OF NECESSITY
The first step is for CITY staff to request authority from CITY's Board of Directors ("Board") to file a condemnation action. The approval from the Board is called a "Resolution of Necessity." In considering whether condemnation is necessary, the Board must determine whether the public interest and necessity require the project, whether the project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury, and whether your property is necessary for the project. You will be given notice and an opportunity to appear before the Board when it considers whether to adopt the Resolution of Necessity. You may want to call an attorney or contact an attorney referral service. You or your representatives can raise any objections to the Resolution of Necessity and the condemnation either orally before the Board or in writing to the Board.

If CITY's Board of Directors adopts the Resolution of Necessity, CITY can file a complaint in court to acquire title to the property upon payment of just compensation. CITY is the plaintiff. Anyone with a legal interest in the property, generally determined from a title report on the property (including tenants or mortgage holders), are named as defendants. Often, CITY will also deposit the amount CITY believes is the probable amount of just compensation with the State Treasurer when the complaint is filed. A deposit must be made if CITY is seeking to acquire possession of the property before agreement is reached as to the amount of just compensation.

ACQUISITION OF PROPERTY PRIOR TO SETTLEMENT
In some cases, CITY may decide it needs possession of the property before the property's fair market value is finally determined. In such a case, CITY must apply to the court for an "order for possession" to allow it to take possession and control of the property prior to resolution of the property's fair market value. CITY is required to schedule a hearing with the court on the proposed order for possession and to give you notice 8 of the hearing. Notice must generally be sent 90 days before the hearing date if the property is occupied and 60 days before the hearing date if the property is unoccupied. A judge will decide whether the order for possession should be granted. As noted above, CITY must deposit with the State Treasurer the probable amount of just compensation in order to obtain possession of the property.

You may oppose the motion in writing by serving CITY and the court with your written opposition within the period of time set forth in the notice from CITY.

WITHDRAWAL OF FUNDS DEPOSITED DURING EMINENT DOMAIN
Subject to the rights of any other persons having a property interest (such as a lender, tenant, or co-owner), you may withdraw the amount deposited with the State Treasurer before the eminent domain action is completed. If you withdraw the amount on deposit, you may still seek a higher amount of just compensation during the eminent domain proceedings, but you may not contest the right of CITY to acquire the property, meaning you cannot contest that the acquisition of your property is for a public purpose or is otherwise improper.

You also have the right to ask the court to require CITY to increase the amount deposited with the State Treasurer if you believe the amount CITY has deposited less than the probable amount of just compensation.
formulas in State law.

TITLE VI - YOUR RIGHTS UNDER TITLE VI AND RELATED STATUTES In conducting its right-of-way activities, the City of Calexico, CA. (CITY) will comply with the requirements of Title VI, a provision of the federal Civil Rights Act of 1964. This document provides more information about your rights under Title VI.

WHAT IS TITLE VI?
Title VI is a statutory provision of the Civil Rights Act of 1964.

Title VI (Section 601) of the Civil Rights Act of 1964 provides:
"No person in the United Shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied of benefits of, or be subjected to discrimination under and program or activity receiving Federal financial assistant. " (42.U.S.C. Sec 2000d).

Additionally, Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, 1994 provides:
"Each Federal agency shall make achieving environmental justice part of its mission by identifying and addressing, as appropriate, disproportionately high and adverse human health or environmental effects of its programs, policies. and activities on minority populations and low-income populations." Related statutes provide protection against discrimination on the basis of sex, age, or disability by programs receiving federal financial assistance.
9 WHAT DOES THIS MEAN?
That CITY strives to ensure that access to and use of all programs, services, or benefits derived from any CITY activity will be administered without regard to race, color, national origin, sex, age or socioeconomic status.

CITY will not tolerate discrimination by its employees, contractors, subcontractors, consultants, or suppliers. CITY prohibits all discriminatory practices, which may result in:
• Denial to any individual of any service financial aid or benefit provided under the program to which he or she may be otherwise entitled;
• Different standards or requirements for participation; • Segregation or separate treatment in any part of the program; • Distinctions in quality, quantity or manner in which the benefit is provided; • Discrimination in any activities conducted in a facility built in whole or part with federal funds.

To ensure compliance with Title VI, related statutes and the Presidential Executive Order on Environmental Justice, CITY will:
• Avoid or reduce harmful human health and environmental effects on minority and low-income populations;
• Ensure the full and fair participation by all communities impacted by CITY's work, including low- income and minority populations, in the right-of-way decision making process; • Prevent the denial of, reduction in or significant delay in the receipt of benefits by minority and low-income populations.

Any recipient that receives federal financial aid bears a responsibility to administer its program and activities without regard to race, or socioeconomic status.

BENEFITS AND SERVICES
The City of Calexico is proposing to construct Weakley Street between Scaroni Road and West. Portico Blvd., which is currently an unpaved road, composed of dirt, gravel and grinding material to reduce PM- 10 emissions
ARE YOUR RIGHTS BEING VIOLATED?
If you believe that you have been discriminated against because of your race, color, national origin, sex, age, disability or socioeconomic status, you may file a written complaint with CITY. The address and telephone number are as follows:

City of Calexico
c/o Bender Rosenthal, Inc.
750 B Street, Suite 3130
San Diego, CA 92101
(619) 359-8389
WHO BEARS THE RESPONSIBILITY TO TITLE VI?
All employees of CITY and their contractors, consultants, and suppliers as well as subcontractors. The Title VI program will provide continuous leadership, guidance and assistance to ensure ongoing compliance with Title VI and the Executive Order on Environmental Justice. 10 RESOLUTION NO. 2022-—

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

CALEXICO FINDING AND DETERMINING THE PUBLIC

INTEREST AND NECESSITY FOR ACQUIRING AND

AUTHORIZING THE CONDEMNATION OF A RIGHT OF

WAY EASEMENT FOR PUBLIC STREET AND UTILITIES

PURPOSES RELATING TO ASSESSOR'S PARCEL
NUMBER 058-020-013, LOCATED ON OR ABOUT CA HWY
111 IN THE CITY OF CALEXICO, IMPERIAL COUNTY, FOR

WHEREAS, the City is hereby authorized and empowered to acquire the Easement by eminent domain for the proposed Project in accordance with Code of Civil Procedure section 81211.05001140721557.1
1230.010 et seq., Government Code sections 37350.5 and 40404, the California Constitution, and California Eminent Domain Law.

SECTION 2. The Easement and the Property are located on or about Weakley Street, Calexico, California 92231 (APN 058-020-013). The Easement that the City seeks to acquire consists of the following:

A right of way easement for public street and public utilities purposes, including the installation of conventional asphalt concrete leveling course, installation of curb, gutter and sidewalk, traffic striping and traffic control for street widening, in, over, under, upon, and across all that real property situated in the City of Calexico, County of Imperial, State of California, more particularly described in the legal description attached hereto as Exhibit "A" and depicted or illustrated on the map attached hereto as Exhibit "B," both of which are attached hereto and incorporated herein by this reference.

SECTION 3. The public interest and necessity require the Project, in that the Project is designed to relieve regional traffic congestion and improve the capacity of the street.

SECTION 5. The Easement is necessary for the proposed Project, in that the roadway widening must occur on property immediately adjacent to the existing roadway.

SECTION 6. The offer required by Government Code section 7267.2(a), together with the accompanying statement of and summary of the basis for the amount established as just compensation, was made to the record owners by way of a letter dated August 25, 2022. City Staff has attempted to negotiate with the record owners subsequent to this offer, but such negotiations have not proved successful in securing the necessary property interests outside of more formal proceedings.
81211.05001\40721557.1
SECTION 7. There has been compliance by the City with the requirements of Section 1245.235 of the California Code of Civil Procedure and the California Environmental Quality Act.

PASSED, APPROVED AND ADOPTED this Sth day of October, 2022.

Javier Moreno, Mayor
Attest:

Gabriela Garcia, City Clerk
Approved as to Form:

Carlos Campos, City Attorney
State of California)
County of Imperial) ss.

City of Calexico )
I, Gabriela Garcia, Deputy City Clerk of the City of Calexico do hereby certify the above Resolution No. 2022-_ was approved at a regular City Council meeting held on the 5th day of October, 2022, by the following vote to-wit:

AYES:

NOES:

ABSTAIN:

Gabriela Garcia, City Clerk
81211.05001\40721557.1

EXHIBIT A
[LEGAL DESCRIPTION]
81211.05001 40721557.1
EXHIBIT "A"

RIGHT OF WAY

LEGAL DESCRIPTION
THE SOUTH 35.00 FEET OF PARCEL 1 OF PARCEL MAP M-666, IN THE CITY OF CALEXICO, COUNTY OF IMPERIAL, STATE OF CALIFORNIA, ON FILE IN BOOK 4, PAGE 28 OF PARCELS MAPS IN THE RECORDERS OFFICE OF SAID COUNTY.

THE ABOVE DESCRIBE PROPERTY CONTAINING 5,783 SQUARE FEET MORE OR LESS.

EXHIBIT B
[PROPERTY MAP]
81211.05001\40721557.1
EXHIBIT "B"

PROPOSED RIGHT OF WAY
SCALE: 1"=20'
(PARCEL 1 OF PM 4-28)
BLK 7
BLK.

M „0Z,11.5O_N. 020 - 013
058-020-024
EAST 165.00'
EXIST. ROAD EASEMENT PER OM 1-7 058-020-025
5055= 58 35.00'
WEAKLEY RD.

EAST 165.00'
BLK 10 BIK g
058-030-099
LAND
SOUTH LINE OF BLK. 7 SOUTH LINE OF BLK. 8 SURVEYOR,
ODRIGUEZ-p
OF KLOKE TRACT (OM 1-7) OF KLOKE TRACT (OM 1-7)
# #

OF CALIFRHIN
VICTOR RODRIGUEZ-FERNANDE:

NOTE: S 533

RECORD DATA PER BJ
PARCEL MAP M-666
(BK 4, PG. 28) DATE
J.N. 22-060
PAGE 1 OF 1
BENDER

BRI ROSENTHAL

INCORPORATED
August 25, 2022
Juan and Florence Lopez
50071 Paseo Madrid
Coachella, CA 92236
Re: City of Calexico - Weakley Street Improvement Project Site Address: North of Weakley Street, west of Scaroni Avenue Calexico, CA 92231 Assessor's Parcel No.: 058-020-013
Offer to Purchase (Government Code § 7267.2)
Dear Mr. and Mrs. Lopez,
As you may be aware, the City of Calexico (City) is moving forward with the Weakley Street Improvement Project (Project). The Project will consist of the installation of conventional asphalt concrete leveling course, the installation of curb, gutter and sidewalk, traffic striping and traffic control for the street widening.

Your property, located at north of Weakley Street, west of Scaroni Avenue, Calexico, (APN: 058- 020-013), may be affected by the Project. In accordance with Government Code section 7267.2, the City hereby makes an offer in the amount of $18,600 to acquire a roadway easement over 5,783+ square feet your property in which 2,062t square feet are encumbered by a previously acquired roadway easement. This is the full amount determined by a qualified, independent appraiser to be the fair market value of the interests being acquired.

If you wish to obtain an independent appraisal of the Subject Property Interests, in accordance with Calitornia Code of Civil Procedure section 1263.025(a), the City hereby offers to reimburse you for the reasonable costs, not to exceed $5,000.00 of such an independent appraisal. Any independent appraisal must be conducted by an appraiser licensed by the California Bureau of Real Estate Appraisers. Please notify Todd Comer within 30 days of the date of this offer letter if you wish to obtain an independent appraisal of the Subject Property Interests.

Juan and Florence Lopez
BRI August 25, 2022

Page 2 ends

If you have any questions regarding the Proposed Project, this offer, or the acquisition process, please feel free to contact Todd Comer at (909) 694-9990 or email [email protected].

Sincerely,
Taly Comer
Todd Comer
Right of Way Agent
Enclosures: Appraisal Summary Statement
Acquisition Brochure

SUMMARY STATEMENT
Weakley Street Improvement Project
The Lopez Property
South of Weakley Street, West of Scaroni Avenue
Calexico, California 92231
APN: 058-020-013
BRI 22-033
BENDER

BRI ROSENTHAL

INCORPORATED
2825 Watt Avenue, Suite 200 Sacramento, California 95821 | www.benderrosenthal.com | 916.978.4900 BENDER Weakley Street Improvement Project
BRI REGARDA The Lopez Property
INCORPORATED Calexico, California

BASIC PROPERTY DATA
Appraisal Assignment To develop an opinion of the fair market value of the property rights to be acquired for the proposed
project as of the date of value.

Property Location North of Weakley Street, west of Scaroni Avenue Calexico, California 92231

PROPERTY DATA
Legal Description The property is located on the north side of Weakley Street, west of Highway 111 (Imperial Avenue) and
Scaroni Avenue, in Calexico, CA.

Assessor's Parcel Numbers 058-020-013
Owner of Record Juan M. Lopez and Florence Lopez
Large Parcel Area 1.82t acres
Site Description 1.82t acres of commercial land. The property is not improved with any structural improvements.

Zoning CH - Commercial Highway
General Plan Designation Commercial Highway
Special Planning Area None.

BRI 22-033 1
BENDER Weakley Street Improvement Project
The Lopez Property
INCORPORATED Calexico, California
Flood Information The subject is located in the flood Zone X (unshaded), map 06025C2075C, dated 09/26/2008.

Seismic Information Not located in a special seismic study area.

This appraisal therefore assumes that there is no
toxic contamination on the subject property. Please
refer to General Limiting Condition Number 16
regarding hazardous materials.

PROPOSED ACQUISITION
The proposed acquisition is a fee acquisition for the purpose of widening and improving Weakley Street.

The acquisition is located at the southern boundary of the property, along Weakley Street, and will be approximately 35' in width along the southern parcel line. The total fee acquisition size is proposed for approximately 5,783 square feet. However, a portion of the acquisition area (2,062 square feet) is encumbered by a previously acquired roadway easement. Due to the significantly limited rights remaining in this encumbered area, the easement is concluded to encumber 100% of the fee simple rights in that area, less $1 for remaining reversionary rights. The acquisition size is described on the table below.

BRI 22-033 2
BENDER Weakley Street Improvement Project
BRI ROSENTHAL The Lopez Property
INCORPORATED Calexico, California
Item Size
Larger Parcel (APNs 058-020-013)
Unencumbered 1.77+ Acres (77,217ł square feet)
Encumbered by previous roadway easement 0.05+ Acres (2,062+ square feet) Total 1.82+ Acres (79,279+ square feet)
Fee acquisition
Unencumbered 0.08+ Acres (3,721+ square feet)
Encumbered by previous roadway easement 0.05+ Acres (2,062+ square feet) Total 0.13+ Acres (5,783+ square feet)
Remainder 1.69+ Acres (73,496+ square feet)
Source: Imperial County Assessor's Tax Maps, Plat and legal and information provided by client

STATUTORY BASIS OF VALUATION
The Market Value was prepared in accordance with the following California Code of Civil Procedures definition.

Code of Civil Procedures Section 1263.320 defines Fair Market Value as follows:

The fair market value of a property taken for which there is no relevant market is its value on the date of valuation as determined by any method of valuation that is just and equitable.

Code of Civil Procedures Section 1263.330 further states:

BRI 22-033 3
BENDER Weakley Street Improvement Project
BRI ROSENTHAL The Lopez Property
INCORPORATED Calexico, California

We focused our search for recent sales of similar commercial land sites in the area of the subject property.

BRI 22-033 4
BENDER Weakley Street Improvement Project
BRI ROSENTHAL The Lopez Property
INCORPORATED Calexico, California

COMPARABLE LAND SALES SUMMARY TABLE AND MAP
Sale # Location Seller Sale Date Size Acres Price /
APN No. (s) Buyer Sale Price Zoning
DC# Doc # SF
•Size SF
LS-1 458 Rood Rd, Dollarmont Holdings, LLC.
3/9/2022 5.12+
Calexico, CA
JEX Investments, LLC $1,300,000 GC $5.83
6568 APNs: 059-383-001, 002, 003 4933
223,027₺
LS-2 111 W Cole Road Poiriez Properties, Inc 2/17/2022 2.37₺ Calexico, CA $750,000 $7.26
6569 Jose Leon 3564 CH
APN: 059-342-033 103,237‡
LS-3 301 Robinson Bivd 2/14/2022
Irma T. Auyon 7.21+
Calexico, CA $2,000,000 IND $6.37
6567 Kiliwa Real Estate, LLC. 3220
APN: 059-330-006 314,068+
LS-4 1963 US Highway 111 10/5/2021
Celtic Bank Corporation M-1-U 9.33+
El Centro, CA $2.83
Ares Transport Group 25556 $1,150,000 (Industrial)
6563
APN: 044-470-020 406,415₽
LS-5 300 W Cole Blvd HT Industries, LLC 9/6/2019 10.00+ Calexico, CA IR (Industrial-
$1,750,000 $4.02
6566 Wildwood River Properties, LLC 16884 Rail Served) 435,600₺ APN: 058-020-015
North of Weakley Street, west
of Scaroni Avenue 1.82t
SUBJECT Calexico, CA Appraisal CH
79,279+
APNs: 058-020-013
fan.

LS-4
1S-3
L5-2- SUBJECT
-LS-1
LS-5
BRI 22-033 5
BENDER Weakley Street Improvement Project
BRI ROSENTHAL The Lopez Property
INCORPORATED Calexico, California

LARGER PARCEL VALUE CONCLUSION
Unencumbered
77,217+ SF × $5.00/SF $ 386,085
Encumbered by Previously Acquired Roadway Easement
2,062+ SF @ $1 Reversionary Rights Remaining = $ 1
Total 386,086

However, a portion of the acquisition is encumbered by a previously acquired roadway easement. The roadway easement was previously concluded to impact the fee simple rights in the encumbered area by 100%, less $1 for reversionary rights. The value of the proposed fee acquisition is presented next.

LAND
Value of the Proposed Acquisition
Unencumbered
3,721+ SF × $5.00/SF × 100% Rights Acquired $ 18,605
Encumbered by Previously Acquired Roadway Easement
2,062+ SF @ $1 Reversionary Rights Remaining $ 1
Total 18,606

SITE IMPROVEMENTS
There are no site improvements located on the subject.

TOTAL VALUE OF THE PROPOSED ACQUISITION
The total value of the proposed acquisition is presented below:

Value of the Proposed Acquisition
Land = $ 18,606
Site Improvements = $
$ 18,506
Total

VALUE OF THE REMAINDER AS PART OF LARGER PARCEL (LAND ONLY) The value of the remainder as part of the larger parcel is its contributory value to the larger parcel.

Deducting the part acquired (land) from the value of the larger parcel, land only, yields:

Land ($386,086-$18,606) = $ 367,480
BRI 22-033 6
BENDER Weakley Street Improvement Project
BRI ROSENTHAL The Lopez Property
Calexico, California

INCORPORATED

Value of the Remainder, After Acquisition, Before Benefits 73,496+ SF x $5.00/SF = $ 367,480

LOSS IN MARKET VALUE
Value of the Remainder as Part of the Larger Parcel 367,480 Value of the Remainder, After Acquisition, Before Benefits $ 367,480 Loss in Market Value

Value of the Remainder, After Acquisition, Considering Benefits 73,496+ SF × $5.00/SF $ 367,480

GAIN IN MARKET VALUE
Value of the Remainder, After Acquisition, Considering Benefits 367,480 Less: Value of the Remainder, After Acquisition, Before Benefits $ 367,480 Gain in Market Value
BRI 22-033
BENDER Weakley Street Improvement Project
BRI ROSENTHAL The Lopez Property
INCORPORATED Calexico, California

OPINION OF THE FAIR MARKET VALUE
Fee Acquisition $ 18,606
Net Severance Damages $
Total $ 18,606
Rounded $ 18,600
BRI 22-033
BENDER

BRI ROSENTHAL

INCORPORATED

ACQUIRING REAL PROPERTY
FOR:

CITY OF CALEXICO

PUBLIC WORKS

HELP DEPARTMENT

CALEXICO

WEAKLEY STREET IMPROVEMENTS

INTRODUCTION
Government projects designed to benefit the public as a whole often result in the acquisition of private property. California law provides landowners whose property is acquired for a public project certain rights and protections. An owner is to be compensated for the property being acquired, severance damages, if any, to the owner's remaining property if the entire property is not taken, and for loss of business goodwill if a business is being conducted on the property being acquired. Additionally, an owner or tenant who has to relocate because of a property acquisition is entitled to certain relocation assistance and monetary compensation in connection with the relocation.

IMPORTANT TERMS USED IN THIS BROCHURE
Acquisition
Acquisition is the process of acquiring real property (real estate) or some interest therein.

Agency
An agency can be a government organization (Federal, State, or local), a non-government organization (such as a utility company). In this brochure, the word "agency" is the City of Calexico, California, which is a local government entity.

Appraisal
An appraisal is a written statement independently and impartially prepared by a qualified appraiser setting forth an opinion of defined value of an adequately described property as of a specific date, supported by the presentation and analysis of relevant market information.

Condemnation
Condemnation is the legal process of acquiring private property for public use or purpose through the agency's power of eminent domain. Condemnation is usually not used until all attempts to reach a mutually satıstactory agreement through negotiations have failed. An agency then goes to court to acquire the needed property.

Easement
In general, an easement is the right of one person to use all or part of the property of another person for some specific purpose. Easements can be permanent or temporary (i.e., limited to a stated period of time) The term may be used to describe either the right itself or the document conferring the right. Examples are permanent easement for utilities, permanent easement for perpetual maintenance of drainage structures, and temporary easement to allow reconstruction of a driveway during construction.

Eminent Domain
Eminent domain is the right of government to take private property for public use, subject to the owner of the property taken being paid just compensation.

Fair Market Value
Fair market value is market value that has been adjusted to reflect constitutional and other legal requirements for public acquisition.

Interest
An interest is a right, title, or legal share in something. People who share in the ownership of real property have an interest in the property.

A lien is a charge against a property in which the property is the security for payment of a debt. A mortgage is a lien. So are taxes. Customarily, liens must be paid in full when the property is acquired for a public project. Where not all of the property subject to a mortgage is taken, the mortgage need not be paid off unless the lender can demonstrate that its security interest is being impaired.

Program or Project
A program or project is any activity or series of activities undertaken by an agency in order to build and maintain public works or public facilities.

Public Use
A "public use" is a use that confers public benefits, like the provision of public services or the promotion of public health, safely, and welfare. Public uses include a wide variety of projects such as street improvements, construction of water storage facilities, construction of civic buildings, redevelopment of blighted areas, and levee improvements to increase flood protection. Some public uses are for private entities, such as universities, hospitals and public utilities, which serve the public.

PROPERTY APPRAISAL
An agency determines what specific property needs to be acquired for a public use after a project has been planned and government requirements have been met.

The agency will hire an independent, accredited appraiser familiar with local property values to appraise the property and determine its fair market value. The appraiser will contact the property owner to make an appointment to inspect the property and invite the property owner to accompany him/her during an inspection of the property. The property owner should give the appraiser any information about improvements and any special features that he/she believes may affect the value of the property, such as:
• There are other persons who have ownership or interest in the property • There are tenants on the property
• Items of real or personal property that belong to someone else are located on your property • The presence of hazardous material, underground storage or utilities
It is in the property owner's best interest to provide the appraiser with as much information as possible in order to ensure that nothing of value will be overlooked. If the property owner is unable to meet with the appraiser, he/she may wish to have a person who is familiar with the properly meet with the appraiser 3 The appraiser will inspect the property and note its physical characteristics. He/she will review sales of similar properties in order to compare the facts of those sales with the facts about the property. The appraiser will analyze all elements that affect value. The appraiser must consider normal depreciation and physical deterioration that has taken place. By law, the appraiser must disregard the influence of the future public project on the value of the property.

After the inspection, the appraiser will complete an appraisal report that will include the appraiser's determination of the property's fair market value and the information upon which the fair market value is based. It is important to note that each parcel of real property is different and, therefore, no single formula can be used to appraise all properties. Among the factors an appraiser typically considers in estimating fair market value:
• The location of the property
• The age and condition of improvements on the property • Ilow the property has been used
• Whether there are any lease agreements relating to the property • Whether there are any environmental issues, such as contaminated soil • Applicable current and potential future zoning and land use requirements • How the property compares with similar properties in the area that have been sold recently • How much it would cost to reproduce the buildings and other structures, less any depreciation • How much rental income the property produces, or could produce if put to its highest and best use The appraisal report will describe the property and the agency will determine a value based on the condition of the property on the day that the appraiser last inspected it, as compared with other similar properties that have sold.

NOTE: California law makes property owners eligible to receive reimbursement of up to $5,000 for the rcasonable costs associated with retaining the services of a qualified real estate appraiser, licensed by the State Office of Real Estate Appraisers, to prepare an appraisal report for those same property rights for which an offer is being made.

Buildings, Structures and Improvements
The value of any huildings, structures, or other improvements on the properly to be acquired will be taken into consideration in determining just compensation. An improvement will be valued as real property regardless of who owns it.

Tenant-Owned Buildings, Structures, and Improvements
Sometimes tenants lease real property and build or add improvements for their use. Frequently, they have the right or obligation to remove the improvements at the expiration of the lease term. The agency must make an offer to the tenants to acquire these improvements as real property. 4 In order to be paid for these improvements, the tenant-owner must assign, transfer, and release to the agency all right, title, and intcrest in the improvements. Also, the owner of the real property on which the improvements are located must disclaim all interest in the improvements.

For an improvement, just compensation is the amount that the improvement contributes to the fair market value of the whole property, or its valuc for removal from the property (salvage valuc), whichever amount is greater.

Some improvements may be considered personal property under California law and, the tenant-owner may be reimbursed for moving them under the relocation assistance provision.

The agency will personally contact the tenant-owners of improvements to explain the procedures to be followed.

THE WRITTEN OFFER
After the agency establishes just compensation, it will begin negotiations with the property owner by delivering the written offer of just compensation for the purchase of the real property. If practical, this offer will be delivered in person by a representative of the agency. Otherwisc, the offer will be made by mail and followed up with a contact in person or by telephone. All owners of the property with known addresses will be contacted unless they collectively have designated one person to represent their interests.

An agency representative will explain agency acquisition policics and procedures in writing, either by use of an inforinational brochure, or in person.

The agency's written offer will consist of a written summary statement that includes all of the following information:
a general statement of the agency's proposed use for the property; an accurate description of the property to be acquired; a list of the improvements covered by the offer;
the amount of the offer; and
• the amount considered to be just compensation for each improvement which is owned by a tenant and the basis for determining that amount.

In some cases, the offer will list items of real property that you wish to kcep. If you decide to keep any or all of these items, the offer will be reduced by the value of the items rotained. You will be responsible for removing the items from the property in a timcly manner. The agency may elect to withhold a portion of the remaining offer until the retained items are removed from the property.

Any separately held ownership interests in the property, such as tenant-owned improvements, will be identified by the agency.

The agency may negotiate with each person who holds a separate ownership interest, or, may negotiate with the primary owner and prepare a check payable jointly to all owners.

The agency will give you a rcasonable amount of time to consider the written offer and ask questions or seek clarification of anything that is not understood.
f you believe that all rclevant material was not considered during the appraisal, you may present such information at this time. Modifications in the proposed terms and conditions of the purchase may be requested. The agency will consider any reasonable requests that are made during negotiations. 5 Partial Acquisition
Often an agency does not need all the property you own. The agency will usually purchase only what it needs.

If the agency intends to acquire only a portion of the property, the agency must state the amount to be paid for the part to be acquired.

In addition, an amount will be stated separately for damages, if any, to the portion of the property you will keep.

If the agency determines that the remainder property will have little or no value or use to you, the agency ill consider this remainder to be an uneconomic remnant and will offer to purchase it. You have the optio f acceptine the offer for purchase of the uneconomic remnant or keeping the propert

The agency may not take any action to force you into accepting its offer. Prohibited actions include:
• Advancing the condemnation process
• Deferring negotiations
• Deferring condemnation
• Delaying the deposit of funds with the court for your use when condemnation is initiated
• Any other coercive action designed to force an agreement regarding the price to be paid for your property

The pro rata share of any prepaid real property taxes that can be allocated to the period after the agency obtains title to the property or takes possession of it will be reimbursed.

If possible, the agency will pay these costs directly so that you will not need to pay the costs and then claim reimbursement.
6 Any person, business, or farm operation displaced as a result of the property acquisition is entitled to elocation advisory and financial assistance for eligible relocation expenses, such as moving expenses. Th mount of relocation compensation is determined on a case-by-case basis in accordance with prescribo law. Relocation bencfits are handled separate and apart from the determination of the property's fair market value.

If the agency takes possession while persons who still occupy the property, those persons:
• must reccive a written notice to move in advance of the required date to move. lu this context, the term person includes residential occupants, homeowners, tenants, businesses, non-profit organizations, and farms.
• are entitled to relocation assistance and certain monetary benefits provided by California law.

SETTLEMENT
The agency will make every effort to roach an agreement with you during negotiations. You may provide additional information and inake rcasonable counteroffers and proposals for the agency to consider.

A real estate transaction with CITY is typically handled in the same way as the sale of private properly.

CONDEMNATION
EMINENT DOMAIN - Information Pamphlet

Tbe main purpose of an cminent domain trial is to determine the fair market value of your property, including compensable interests such as lost business goodwill caused by the taking. The trial is usually onducted before judge and june. of and any others y thinderests in the property a market a e opportunity to present evidence of valu
In cases where the parties choose not to have a jury, the judge will decide the property's fair market value.

Gencrally, each party to the litigation must disclose its respective appraisals to the other partics prior to trial.

In an eminent domain action, you are entitled to be reimbursed by the condemning agency for your court costs such as court filing fees. In some circumstances, you inay also be entitled to be reimbursed by the condemning agency for your litigation expenses (attorneys' fees and expert witness fces) in the lawsuit.

If CITY's Board of Directors adopts the Resolution of Necessity, CITY can file a complaint in court to acquire title to the property upon payment of just compensation. CITY is the plaintiff. Anyone with a legal interest in the property, generally determined from a title report on the property (including tenants or mortgage holders), are named as defendants. Often, CITY will also deposit the amount CITY believes is the probable amount of just compensation with the State Treasurer when the complaint is filed. A deposit must be made if CITY is sceking to acquire possession of the property before agreement is reached as to the amount of just compensation.

ACQUISITION OF PROPERTY PRIOR TO SETTLEMENT
In some cases, CITY may decide it needs possession of the property before the propcity's fair market value is finally determined. In such a case, CITY must apply to the court for an "order for possession" to allow it to take possession and control of the property prior to resolution of the property's fair market value. CITY is required to schedule a hearing with the court on the proposed order for possession and to give you notice of the hearing. Notice must generally be sent 90 days before the hearing date if the property is occupied and 60 days before the hearing date if the property is unoccupied. A judge will decide whether the order for possession should be granted. As noted above, CITY must deposit with the State Treasurer the probable amount of just compensation in order to obtain possession of the property.

You may oppose the motion in writing by serving CITY and the court with your written opposition within the period of time set forth in the notice from CITY.

Anyone receiving compensation in an eminent domain action is generally entitled to interest on that compensation from the date the condemning agency takes possession of the property until the person receiving the compensation has been fully paid. The rate and calculation of the interest is determined under formulas in State law.

WHAT IS TITLE VI?
Title VI is a statutory provision of the Civil Rights Act of 1964.

Title VI (Section 601) of the Civil Rights Act of 1964 provides:
"No person in the United Shall, on the grounds of race, color, or national rigin, be excluded from participation in, be denied of benefits of, or be ubjected to discrimination under and program or activity receiving Federa financial assistant." (42.U.S.C. Sec 2000d).

Related statutes provide protection against discrimination on the basis of sex, age, or disability by programs receiving federal financial assistance.
9 WHAT DOES THIS MEAN?
That CITY strives to ensure that access to and use of all programs, services, or benefits derived from any CITY activity will be administered without regard to race, color, national origin, sex, age or socioeconomic status.

To ensure compliance with Title VI, related statutes and the Presidential Executive Order on Environmental Justice, CITY will:
• Avoid or reduce harmful human health and environmental effects on minority and low-income • populations;
• Ensure the full and fair participation by all communities impacted by CITY's work, including low- income and minority populations, in the right-of-way decision making process; Prevent the denial of, reduction in or significant delay in the receipt of benefits by minority and low-income populations.

Any recipient that receives federal financial aid bears a responsibility to administer its program and activities without regard to race, or socioeconomic status.

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

CALEXICO FINDING AND DETERMINING THE PUBLIC

INTEREST AND NECESSITY FOR ACQUIRING AND

AUTHORIZING THE CONDEMNATION OF A RIGHT OF

WAY EASEMENT FOR PUBLIC STREET AND UTILITIES

PURPOSES RELATING TO ASSESSOR'S PARCEL
NUMBER 058-020-008, LOCATED ON OR ABOUT CA HWY
111 IN THE CITY OF CALEXICO, IMPERIAL COUNTY, FOR

WHEREAS, after proper written notice, made pursuant to Code of Civil Procedure section 1245.235, was given to the record owners of the Property, and more specifically described and depicted in Exhibits "A" and "B" which are incorporated herein by reference, the City Council of the City of Calexico, on October 5, 2022, held a hearing for the purposes of allowing the record owners of the Properly reasonable opportunity 1o appear and be heard regarding the City's identification of the Project, and on the following matters:

A. Whether the public interest and necessity require the Project; B. Whether the Project is planned or located in a manner which is most compatible with the gratest public good and the least private injury;
C. Whether the Subject Property proposed to be acquired in necessary for the Project;
D. Whether the offer required by Government Code section 7267.2 has been given to the owners of record; and
E. Whether the City has properly exercised all of its statutory responsibilities and duties antecedent to the exercise of eminent domain against the Subject Property, including review under the California Environmental Quality Act.

WHEREAS, the City Council, as a result of such hearing, has determined that the public health, safety and welfarc require that the City acquire the Easement, for the purposes of paving and improving Weakley Street, pursuant to the Project.

WHEREAS, the City is herby authorized and empowered to acquire the Easement by eminent domain for the proposed Project in accordance with Code of Civil Procedure section 81211.05001140721588.1
1230.010 et seq., Government Code sections 37350.5 and 40404, the California Constitution, and California Eminent Domain Law.

NOW, THEREFORE, BE IT RESOLVED by the Cily Council of the City of Calexico, California, that the Cily Council docs hcreby find, determine and declare upon evidence presented to the City Council as follows:

SECTION 1. The Project for which the Eascment is being acquired is the Weakley Street Improvement Project, which consists of paving and improving Weakley Street, including the installation of a public sidewalk, curb, gutter and utilities.

SECTION 2. The Easement and the Properly are located on or aboul Weakley Strect, Calexico, California 92231 (APN 058-020-008). 'The Easement that the City seeks to acquire consists of the following:

A right of way cascment for public street and public utilities purposcs, including the installation of conventional asphalt concrete leveling course, installation of curb, gutter and sidewalk, traffic striping and traffic control for street widening, in, over, under, upon, and across all that real property situaled in the City of Calexico, County of Imperial, Stale of California, more particularly described in the legal description attached hereto as Exhibit "A" and depicted or illustrated on the map attached hereto as Exhibit "B," both of which are attached hereto and incorporated herein by this reference.

SECTION 3. The public intcrest and necessity require the Project, in that the Project is designed to relieve regional traffic congestion and improve the capacity of the street.

SECTION 4. The Project is located in a manner most compatible with the greatest public good and least private injury, in that the design of the roadway widening must of necessity occupy land which is immediately adjacent to the existing roadway, in order to maintain the continuity of the alignment of the road for all users. The Easement to be taken for the Project is necessitated and established by the street alignment in an effort to minimize any disproportionate burden or impact of the required property being takon from the individual property owners. The Project is designed in a manner compatible with the greatest public good, in that the Project will involve road widening, along with the installation of a public sidewalk and drainage and utility improvements. This will enhance the utility of the area and help improve traffic circulation.

SECTION 5. The Easement is necessary for the proposed Project, in that the roadway widening must occur on property immediately adjacont to the existing roadway.

SECTION 6. The offer required by Government Code section 7267.2(a), together with the accompanying statement of and summary of the basis for the amount established as just compensation, was made to the record owners by way of a letter dated August 25, 2022. City Staff has altempled to negotiate with the record owners subsequent to this offer, but such negotiations have not proved successful in securing the necessary property intcrests outside of more formal proceedings.
81211.05001140721588.1
SECTION 7. There has been compliance by the City with the requirements of Section 1245.235 of the California Code of Civil Procedure and the California Environmental Quality Act.

PASSED, APPROVED AND ADOPTED this 5th day of October, 2022.

Javier Moreno, Mayor
Attest:

Gabriela Garcia, City Clerk
Approved as to Form:

Carlos Campos, City Attorney
State of California)
County of Imperial) ss.

City of Calexico )
I, Gabriela Garcia, Deputy City Clerk of the City of Calexico do hereby certify the above Resolution No. 2022- was approved at a regular City Council meeting held on the 5th day of October, 2022, by the following vote to-wit:

AYES:

NOES:

ABSTAIN:

Gabriela Garcia, City Clerk
81211.05001\40721588.1

EXHIBIT A
[LEGAL DESCRIPTION]
81211.05001\40721588.1
EXHIBIT "A"

RIGHT OF WAY

LEGAL DESCRIPTION
BEING A PORTION OF BLOCK 8 OF KOLKE TRACT SUBDIVISION AS PER MAP NO. 51, IN THE CITY OF CALEXICO, COUNTY OF IMPERIAL, STATE OF CALIFORNIA ON FILE IN BOOK 1, PAGE 7 OF OFFICIAL MAPS DESCRIBED AS FOLLOWS:

BEGINNING AT THE INTERSECTION OF THE SOUTH LINE OF SAID BLOCK 8 WITH THE EAST LINE OF SECTION 11, TOWNSHIP 17 SOUTH, RANGE 14 EAST, S.B.M. OF SAID COUNTY;
THENCE ALONG SAID SOUTH LINE OF BLOCK 8, SOUTH 89° 56' 51" WEST, A DISTANCE OF 55.06 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF STATE HIGHWAY 111, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE MAINTANING THE BEARING OF SOUTH 89° 56' 51" WEST, A DISTANCE OF 385.92 FEET TO A POINT;
THENCE DUE NORTH A DISTANCE OF 35.00 FEET TO A POINT;
THENCE NORTH 89° 56'51" EAST, A DISTANCE OF 385.41 FEET TO A POINT ON SAID WEST RIGHT OF WAY LINE OF STATE HIGHWAY 111;
THENCE ALONG SAID RIGHT OF WAY LINE, SOUTH 00° 53' 09" EAST, A DISTANCE OF 35.00 FEET TO THE TRUE POINT OF BEGINNING
THE ABOVE DESCRIBED PROPERTY CONTAINS 13,497 SQUARE FEET MORE OR LESS.

EXHIBIT B
[PROPERTY MAP]
81211.05001\40721588.1
EXHIBIT "B"

PROPOSED RIGHT OF WAY
EAST LINE OF SECTION 11
SCALE: 1"=20'

WEST RIGHT OF WAY LINE
STATE HIGHWAY 111

90.22' - - 8-120-008

PROPOSED RIGHT
- OF WAY LINE
N0053'09W SCARONI ROAD
058-020-024 EXIST. ROAD EASEMENT NORTH
" N 89'56'51" E 385.41' --- - 1
PER OM 1-7 35.00'

35.00' 35.00-
T.P.O.B
\N 89'56'51" E 385.92' -
WEAKLEY RD.
058-030-099 N 89'56'51"E
SOUTH LINE OF BLOCK 8 55.06'
OF KLOKE TRACT (OM 1-7)
LAND

ICENSED SUAVEYOR,
BLK. 9 No. L66336E
NOTE: VICTOR RODRIGUEZ-FERNANDE OF CALJFORNIA
S 5331

RECORD DATA PER
PARCEL MAP NO. 2063
(BK 9, PG. 77) BJ
DATE
J.N. 22-060
PAGE 1 OF 1
BENDER

BRI ROSENTHAL

INCORPORATED
August 25, 2022
Mario and Maritza Vela
1188 Jasmine Street
Calexico, CA 92231
Re: City of Calexico - Weakley Street Improvement Project Site Address: 551 Highway 111, Calexico, CA 92231
Assessor's Parcel No.: 058-020-008
Offer to Purchase (Government Code § 7267.2)
Dear Mr. and Mrs. Vela,
As you may be aware, the City of Calexico (City) is moving forward with the Weakley Street Improvement Project (Project). The Project will consist of the installation of conventional asphalt concrete leveling course, the installation of curb, gutter and sidewalk, traffic striping and traffic control for the street widening.

Your property, located at 551 Highway 111, Calexico, (APN: 058-020-008), may be affected by the Project. In accordance with Government Code section 7267.2, the City hereby makes an offer in the amount of $43,400 to acquire a roadway easement over 13,497‡ square feet your property in which 4,824t square feet are encumbered by a previously acquired roadway easement. This is the full amount determined by a qualified, independent appraiser to be the fair market value of the interests being acquired.

If you wish to obtain an independent appraisal of the Subject Property Interests, in accordance vith California Code of Civil Procedure section 1263.025(a), the City hereby offers to reimburse you for the reasonable costs, not to exceed $5,000.00 of such an independent appraisal. An independent appraisal must be conducted by an appraiser licensed by the California Bureau of Real Estate Appraisers. Please notify Todd Comer within 30 days of the date of this offer letter if you wish to obtain an independent appraisal of the Subject Property Interests.

Mario and Maritza Vela
BRI August 25, 2022

Page 2 ends

If you have any questions regarding the Proposed Project, this offer, or the acquisition process, please feel free to contact Todd Comer at (909) 694-9990 or email [email protected].

Sincerely,
Todd Comer
Right of Way Agent
Enclosures: Appraisal Summary Statement
Acquisition Brochure

SUMMARY STATEMENT
Weakley Street Improvement Project
The Vela 2000 Trust Property
551 Highway 111
Calexico, California 92231
APN: 058-020-008
BRI 22-033
BENDER

BRI ROSENTHAL

INCORPORATED
2825 Watt Avenue, Suite 200 Sacramento, California 95821 | www.benderrosenthal.com | 916.978.4900 BENDER Weakley Street Improvement Project
BRI ROSENTHAL he Vela 2000 Trust Propert
INCORPORATED alexico, California

BASIC PROPERTY DATA
Appraisal Assignment To develop an opinion of the fair market value of the property rights to be acquired for the proposed
project as of the date of value.

Property Location 551 Highway 111
Calexico, California 92231

PROPERTY DATA
Legal Description The property is located on the north side of Weakley Street, west of Highway 111 (Imperial Avenue) in
Calexico, CA.

Assessor's Parcel Numbers 058-020-008
Owner of Record The Vela 2000 Trust
Large Parcel Area 1.30+ acres
Site Description 1.30t acres of commercial land. The property is improved with a billboard. However, no structural or
site improvements will be impacted by the project,
and the site is analyzed as land only.

Zoning CH - Commercial Highway
General Plan Designation Commercial Highway
Special Planning Area None.

BRI 22-033 1
BENDER Weakley Street Improvement Project
BR NORAH The Vela 2000 Trust Property
INCORPORATED Calexico, California
Flood Information The subject is located in the flood Zone X (unshaded), map 06025C2075C, dated 09/26/2008.

Seismic Information Not located in a special seismic study area.

This appraisal therefore assumes that there is no
toxic contamination on the subject property. Please
refer to General Limiting Condition Number 16
regarding hazardous materials.

Property Rights Appraised Fee Simple
Date of Inspection May 16, 2022
Date of Value May 16, 2022
Date of Report August 2, 2022
Highest and Best Use, as if vacant Hold for future commercial retail development, interim use as a service commercial
Highest and Best Use, of the remainder Hold for future commercial retail development, interim use as a service commercial

PROPOSED ACQUISITION
The proposed acquisition is a fee acquisition for the purpose of widening and improving Weakley Street.

The acquisition is located at the southern boundary of the property, along Weakley Street, and will be approximately 35' in width along the southern parcel line. The total fee acquisition size is proposed for approximately 13,497 square feet. However, a portion of the acquisition area is encumbered by a previously acquired roadway easement (4,824 square feet). Due to the significantly limited rights remaining in this encumbered area, the roadway easement is concluded to encumber 100% of the fee simple rights in that area, less $1 for remaining reversionary rights. The acquisition size is described on the table below.

BRI 22-033 2
BENDER Weakley Street Improvement Project
BRI ROSENTHAL The Vela 2000 Trust Property
INCORPORATED Calexico, California
Item Size
Larger Parcel (APNs 058-020-008)
Unencumbered 1.19t Acres (51,804+ square feet)
Encumbered by previous roadway easement 0.11+ Acres (4,824t square feet) Total 1.30‡ Acres (56,628+ square feet)
Fee Acquisition
Unencumbered 0.20t Acres (8,673+ square feet)
Encumbered by previous roadway easement 0.11‡ Acres (4,824‡ square feet) Total 0.31+ Acres (13,497Ł square feet)
Remainder 0.99+ Acres (43,131 + square feet)
Source: Imperial County Assessor's Tax Maps, Plat and legal and information provided by client

STATUTORY BASIS OF VALUATION
The Market Value was prepared in accordance with the following California Code of Civil Procedures definition.

Code of Civil Procedures Section 1263.320 defines Fair Market Value as follows:

The fair market value of a property taken for which there is no relevant market is its value on the date of valuation as determined by any method of valuation that is just and equitable.

Code of Civil Procedures Section 1263.330 further states:

BRI 22-033 3
BENDER Weakley Street Improvement Project
BRI ROSENTHAL The Vela 2000 Trust Property
INCORPORATED Calexico, California

We focused our search for recent sales of similar commercial land sites in the area of the subject property.

BR 22-033 4
BENDER Weakley Street Improvement Project
BRI ROSENTHAL The Vela 2000 Trust Property
INCORPORATED Calexico, California

COMPARABLE LAND SALES SUMMARY TABLE AND MAP
Sale # Location Seller Sale Date Size Acres Price /
DC# APN No. (s) Buyer Doc # Sale Price Zoning
SF
Size SF
458 Rood Rd,
LS-1 Dollarmont Holdings, LLC. 3/9/2022 5.12+
Calexico, CA $1,300,000
JEX Investments, LLC GC $5.83
6568 4933
APNs: 059-383-001, 002, 003 223,027+
LS-2 111W Cole Road Poiriez Properties, Inc 2/17/2022 2.37% Calexico, CA $750,000 CH $7.26
6569 Jose Leon 3564 103,237₴
APN: 059-342-033
301 Robinson Bld 7.21t
LS-3 Irma T. Auyon 2/14/2022
Calexico, CA $2,000,000
IND $6.37
6567 Kiliwa Real Estate, LLC. 3220
APN: 059-330-006 314,068+
1963 US Highway 111
LS-4 Celtic Bank Corporation 10/5/2021 9.33₺
El Centro, CA $1,150,000 M-1-U $2.83
6563 Ares Transport Group 25556 (Industrial)
APN: 044-470-020 406,415+
LS-5 300 W Cole Bivd 9/6/2019 10.00₺
HT Industries, LLC IR (Industrial-
Calexico, CA $1,750,000 $4.02
6566 Wildwood River Properties, ULC 16884 Rail Served)
APN: 058-020-015 435,600+
551 Highway 111 1.30*
Calexico, CA Appraisal -

SUBJECT CH
APs: 058-020-008 56,628=
= L5-4
....
.-.

L5-3
-LS-2 -SUBJECT 415-1
LS-5
BRI 22-033 5
BENDER Weakley Street Improvement Project

BRI ROSENTHAL
The el 200 ros Property

INCORPORATED

LARGER PARCEL VALUE CONCLUSION
Unencumbered
51,804+ SF × $5.00/SF = $ 259,020
Encumbered by Previously Acquired Roadway Easement
4,824+ SF @ $1 Reversionary Rights Remaining $
259,021
Total

LAND
Value of the Proposed Acquisition
Unencumbered
8,673+ SF x $5.00/SF $ 43,365
Encumbered by Previously Acquired Roadway Easement
4,824ł SF @ $1 Reversionary Rights Remaining - 1
Total 43,366

SITE IMPROVEMENTS
There are no site improvements located on the subject.

TOTAL VALUE OF THE PROPOSED ACQUISITION
The total value of the proposed acquisition is presented below:

Value of the Proposed Acquisition
Land $ 43,366
Site Improvements
Total 43,366

VALUE OF THE REMAINDER AS PART OF LARGER PARCEL (LAND ONLY) The value of the remainder as part of the larger parcel is its contributory value to the larger parcel.

Deducting the part acquired (land) from the value of the larger parcel, land only, yields:

Land ($259,021- $43,366) = $ 215,655
BRI 22-033 6
BENDER Weakley Street Improvement Project
BRI ROSENTHAL The Vela 2000 Trust Property
INCORPORATED Calexico, California

Value of the Remainder, After Acquisition, Before Benefits 43,131+ SF x $5.00/SF = $ 215,655

LOSS IN MARKET VALUE
Value of the Remainder as Part of the Larger Parcel $ 215,655 Value of the Remainder, After Acquisition, Before Benefits $ 215,655 Loss in Market Value

Value of the Remainder, After Acquisition, Considering Benefits 43,131+ SF x $5.00/SF = $ 215,655

GAIN IN MARKET VALUE
Value of the Remainder, After Acquisition, Considering Benefits $ 215,655 Less: Value of the Remainder, After Acquisition, Before Benefits $ 215,655 Gain in Market Value
BRI 22-033
BENDER Weakley Street Improvement Project
BRI ROSENTHAL The Vela 2000 Trust Property
INCORPORATED Calexico, California

OPINION OF THE FAIR MARKET VALUE
Fee Acquisition $ 43,366
Net Severance Damages $ 0
Total 43,366
Rounded $ 43,400
BRI 22-033
BENDER

BRI ROSENTHAL

INCORPORATED

ACQUIRING REAL PROPERTY
FOR:

CITY OF CALEXICO

PUBLIC WORKS

DEPARTMENT

CALEXICO

WEAKLEY STREET IMPROVEMENTS

IMPORTANT TERMS USED IN THIS BROCHURE
Acquisition
Acquisition is the process of acquiring rcal property (real estate) or some interest therein.

An agency can be a government organization (Federal, State, or local), a non-government organization (such as a utility company). In this brochure, the word "agency" is the City of Calexico, California, which is a local government entity.

Appraisal
An appraisal is a written statement independently and impartially prepared by a qualified appraiser setting forth an opinion of defined value of an adequately described properly as of a specific date, supported by the presentation and analysis of relevant market information.

Condemnation is the legal process of acquiring private property for public use or purpose through the agency's power of eminent domain. Condemnation is usually not used until all attempts to reach a mutually satisfactory agreement through negotiations have failed. An agency then goes to court to acquire the needed property.

The term may be used to describe either the right itself or the document conferring the right. Examples are permanent easement for utilities, permanent casement for perpetual maintenance of drainage structures, and temporary casement to allow reconstruction of a driveway during construction.

Eminent Domain
Eminent domain is the right of government to take private property for public use, subject to the owner of the property taken being paid just compensation.

Fair Market Value
Fair market value is market value that has been adjusted to reflect constitutional and other legal requirements for public acquisition.

Interest
An interest is a right, title, or legal share in something. People who share in the ownership of real property have an interest in the property.

Just Compensation
Just compensation is the price an agency must pay to acquire real property. That amount may not be less than the amount established in the approved appraisal report as the fair market value for your property. If you and the agency cannot agree on the amount of just compensation to be paid for the property nceded, 2 and it becomes necessary for the agency to use the condemnation process, the amount determined by the court will be the just compensation for your property.

A lien is a charge against a property in which the property is the security for payment of a debt. A mortgage is a lien. So are taxes. Customarily, liens must be paid in full when the property is acquired for a publi project. Where not all of the property subject to a mortgage is taken, the mortgage need not be paid of unless the lender can demonstrate that its security interest is being impaired.

Program or Project
A program or project is any activity or series of activities undertaken by an agency in order to build and maintain public works or public facilities.

PROPERTY APPRAISAL
An agency determines what specific property needs to be acquired for a public use after a project has been planned and government requirements have been met.

The agency will hire an independent, accredited appraiser familiar with local property values to appraise the property and determine its fair market value. The appraiser will contact the property owner to make an appointment to inspect the property and invite the property owner to accompany him/her during an inspection of the property. The property owner should give the appraiser any information about improvements and any special features that he/she believes may affect the value of the property, such as:
• There are other persons who have ownership or interest in the property • There are tenants on the property
• Items of real or personal property that belong to someone else are located on your property • The presence of hazardous material, underground storage or utilities
It is in the property owner's best interest to provide the appraiser with as much information as possible in order to ensure that nothing of value will be overlooked. If the property owner is unable to meet with the appraiser, he/she may wish to have a person who is familiar with the property meet with the appraiser 3 The appraiser will inspect the property and note its physical characteristics. He/she will review sales of similar properties in order to compare the facts of those sales with the facts about the property. The appraiser will analyze all elements that affect value. The appraiser must consider normal depreciation and physical deterioration that has taken place. By law, the appraiser must disregard the influence of the future public project on the value of the property.

After the inspection, the appraiser will complete an appraisal report that will include the appraiser's determination of the property's fair market value and the information upon which the fair market value i based. It is important to note that each parcel of real property is different and, therefore, no single formula can be used to appraise all properties. Among the factors an appraiser typically considers in estimating fair market value:
• The location of the property
• The age and condition of improvements on the property • How the property has been used
• Whether there are any lease agreements relating to the property • Whether there are any environmental issues, such as contaminated soil • Applicable current and potential future zoning and land use requirements • How the property compares with similar properties in the area that have been sold recently • How much it would cost to reproduce the buildings and other structures, less any depreciation • How much rental income the property produces, or could produce if put to its highest and best use The appraisal report will describe the property and the agency will determine a value based on the condition of the property on the day that the appraiser last inspected it, as compared with other similar properties that have sold.

Artery. cy is only acquimages ar or etis property, there may he amans or ben is to nur renaining. will prepare a written offer of just compensation for you when negotiations begin.

Buildings, Structures and Improvements
The value of any buildings, structures, or other improvements on the property to be acquired will be taken into consideration in determining just compensation. An improvement will be valued as real property regardless of who owns it.

Some improvements may be considered personal property under California law and, the tenant-owner may be reimbursed for moving them under the relocation assistance provision.

The agency will personally contact the tenant-owners of improvements to explain the procedures to be followed.

An agency representative will explain agency acquisition policies and procedures in writing, either by use of an informational brochure, or in person.

The agency's written offer will consist of a written summary statement that includes all of the following information:
a general statement of the agency's proposed use for the property; an accurate description of the property to be acquired; a list of the improvements covered by the offer;
• the amount of the offer; and
the amount considered to be just compensation for each improvement which is owned by a tenant and the basis for determining that amount.

Any separately held ownership interests in the property, such as tenant-owned improvements, will be identified by the agency.

The agency may negotiate with each person who holds a separate ownership interest, or, may negotiate with the primary owner and prepare a check payable jointly to all owners.

The agency will give you a reasonable amount of time to consider the written offer and ask questions or seek clarification of anything that is not understood.

If you believe that all relevant material was not considered during the appraisal, you may present such information at this time. Modifications in the proposed terms and conditions of the purchase may be requested. The agency will consider any reasonable requests that are made during negotiations. 5 Partial Acquisition
Often an agency does not need all the property you own. The agency will usually purchase only what it needs.

If the agency intends to acquire only a portion of the property, the agency must state the amount to he paid for the part to be acquired.

In addition, an amount will be stated separately for damages, if any, to the portion of the property you will keep.

AGREEMENT
When you reach agreement with the agency on the offer, you will be asked to sign a purchase agreement vhich will state the amount you are to be paid. Your signature will affirm that you and the agency are i greement concerning the acquisition of the property, including terms and conditions. If a settlement canno be reached, the agency will initiate condemnation proceedings.

The pro rata share of any prepaid real property taxes that can be allocated to the period after the agency obtains title to the property or takes possession of it will be reimbursed.

If possible, the agency will pay these costs directly so that you will not need to pay the costs and then claim reimbursement.

Any person, business, or farm operation displaced as a result of the property acquisition is entitled to elocation advisory and financial assistance for eligible relocation expenses, such as moving expenses. Th mount of relocation compensation is determined on a case-by-case basis in accordance with prescribe law. Relocation benefits are handled separate and apart from the determination of the property's fair market value.

POSSESSION
The agency may not take possession of your property unless:
• you have been paid the agreed purchase price, or
in the case of condemnation, the agency has deposited with the court an amount for your benefit and use that is at least the amount of the agency's approved appraisal of the fair market value of your properly, or
• the agency has paid the amount of the court award of compensation in the condemnation procceding.

A rcal estate transaction with CITY is typically handled in the same way as the sale of private property.

CONDEMNATION
EMINENT DoMAIN - Information Pamphlet

In cases where the parties choose not to have a jury, the judge will decide the property's fair market value.

Generally, each party to the litigation must disclose its respective appraisals to the other parties prior to trial.

If you challenge CITY's right to acquire the property, the eminent domain trial will also determine whether ot not CITY has the legal right to acquire the property. In such cases, the judge (not the jury) will make this determination before any evidence is presented concerning the property's fair market value.

In an eminent domain action, you are entitled to be reimbursed by the condemning agency for your court costs such as court filing fces. In some circumstances, you may also be entitled to be reimbursed by the condemning agency for your litigation expenses (attorneys' fees and expert witness fees) in the lawsuit.

RESOLUTION OF NECESSITY
The first step is for CITY staff to request authority from CITY's Board of Directors ("Board") to file a condemnation action. The approval from the Board is called a "Resolution of Necessity." In considering whether condemnation is necessary, the Board must determine whether the public interest and necessity require the project, whether the project is planned or located in the manner that will be most compatible with the greatest public good and the Icast private injury, and whether your property is necessary for the project. You will be given notice and an opportunity to appear before the Board when it considers whether to adopt the Resolution of Necessity. You may want to call an attorney or contact an attorney referral service. You or your representatives can raise any objections to the Resolution of Necessity and the condemnation either orally before the Board or in writing to the Board.

If CITY's Board of Directors adopts the Resolution of Necessity, CITY can file a complaint in court to acquire title to the property upon payment of just compensation. CITY is the plaintiff. Anyonc with a legal interest in the property, gencrally determined from a title report on the property (including tenants or mortgage holders), are named as defendants. Often, CITY will also deposit the amount CITY believes is the probable amount of just compensation with the State Treasurer when the complaint is filed. A deposit must be made if CITY is seeking to acquire possession of the property before agreement is reached as to the amount of just compensation.

ACQUISITION OF PROPERTY PRIOR TO SETTLEMENT
In some cases, CITY may decide it needs possession of the property before the property's fair market value is finally determined. In such a case, CITY must apply to the court for an "order for possession" to allow it to take possession and control of the property prior to resolution of the property's fair market value. CITY is required to schedulc a hearing with the court on the proposed order for possession and to give you notice 8 of the hearing. Notice must generally be sent 90 days before the hearing date if the property is occupied and 60 days before the hearing date if the property is unoccupied. A judge will decide whether the order for possession should be granted. As noted above, CITY must deposit with the State Treasurer the probable amount of just compensation in order to obtain possession of the property.

You may oppose the motion in writing by serving CITY and the court with your written opposition within the period of time set forth in the notice from CITY.

WHAT IS TITLE VI?
Title VI is a statutory provision of the Civil Rights Act of 1964.

Additionally, Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, 1994 provides:
"Each Federal agency shall make achieving environmental justice part of its mission by identifying and addressing, as appropriate, disproportionately high and adverse human health or environmental effects of its programs, policies, and activities on minority populations and low-income populations. " Related statutes provide protection against discrimination on the basis of sex, age, or disability by programs receiving federal financial assistance.

WHAT DOES THIS MEAN?
That CITY strives to ensure that access to and use of all programs, services, or benefits derived from any CITY activity will be administered without regard to race, color, national origin, sex, age or sociocconomic status.

CITY will not tolerate discrimination by its employees, contractors, subcontractors, consultants, or suppliers. CITY prohibits all discriminatory practices, which may result in:
• Denial to any individual of any service financial aid or benefit provided under the program to which he or she may be otherwise entitled;
• Different standards or requirements for participation; • Segregation or separate treatment in any part of the program; • Distinctions in quality, quantity or manner in which the bencfit is provided; • Discrimination in any activities conducted in a facility built in whole or part with federal funds.

To ensure compliance with Title VI, related statutes and the Presidential Executive Order on Environmental Justicc, CITY will:
• Avoid or reduce harmful human health and environmental effects on minority and low-income populations;
Ensure the full and fair participation by all communities impacted by CITY's work, including low- income and minority populations, in the right-of-way decision making process; Prevent the denial of, reduction in or significant delay in the receipt of benefits by minority and low-income populations.

Any recipient that receives federal financial aid bears a responsibility to administer its program and activities without regard to race, or socioeconomic status.

BENEFITS AND SERVICES
The City of Calexico is proposing to construct Weakley Street between Scaroni Road and West. Portico Blvd., which is currently an unpaved road, composed of dirt, gravel and grinding material to reduce PM - 10 emissions
ARE YOUR RIGHTS BEING VIOLATED?
If you believe that you have been discriminated against because of your race, color, national origin, sex, age, disability or socioeconomic status, you may file a written complaint with CITY. The address and telephone number are as follows:

City of Calexico
c/o Bender Rosenthal, Inc.
750 B Street, Suite 3130
San Diego, CA 92101
(619) 359-8389
WHO BEARS THE RESPONSIBILITY TO TITLE VI?
All employees of CITY and their contractors, consultants, and suppliers as well as subcontractors. The Tille VI program will provide continuous leadership, guidance and assistance to ensure ongoing compliance with Title VT and the Executive Order on Environmental Justice. 10 RESOLUTION NO. 2022-_

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

CALEXICO FINDING AND DETERMINING THE PUBLIC

INTEREST AND NECESSITY FOR ACQUIRING AND

AUTHORIZING THE CONDEMNATION OF A RIGHT OF

WAY EASEMENT FOR PUBLIC STREET AND UTILITIES

PURPOSES RELATING TO ASSESSOR'S PARCEL
NUMBER 058-030-099, LOCATED ON OR ABOUT CA HWY
111 IN THE CITY OF CALEXICO, IMPERIAL COUNTY, FOR

THE WEAKLEY STREET IMPROVEMENT PROJECT
WHEREAS, the City of Calexico ("City") has been investigating the potential acquisition of a right of way easement for public street and utilities purposes ("Easement") relating to Assessor's Parcel Number ("APN") 058-030-099 ("Property"), located on or about CA HWY 111, in the City of Calexico, Imperial County, for the Weakley Street Improvement Project ("Project") WHEREAS, after proper written notice, made pursuant to Code of Civil Procedure section 1245.235, was given to the record owners of the Property, and more specifically described and depicted in Exhibits "A" and "B" which are incorporated herein by reference, the City Council of the City of Calexico, on October 5, 2022, held a hearing for the purposes of allowing the record owners of the Property reasonable opportunity to appear and be heard regarding the City's identification of the Project, and on the following matters:

WHEREAS, the City is hereby authorized and empowered to acquire the Easement by eminent domain for the proposed Project in accordance with Code of Civil Procedure section 81211.05001\40721595.1
1230.010 et seq., Government Code sections 37350.5 and 40404, the California Constitution, and California Eminent Domain Law.

SECTION 2. The Easement and the Property are located on or about Weakley Street, Calexico, California 92231 (APN 058-030-099). The Easement that the City seeks to acquire consists of the following:

SECTION 3. The public interest and necessity require the Project, in that the Project is designed to relieve regional traffic congestion and improve the capacity of the street.

SECTION 5. The Easement is necessary for the proposed Project, in that the roadway widening must occur on property immediately adjacent to the existing roadway.

SECTION 6. The offer required by Government Code section 7267.2(a), together with the accompanying statement of and summary of the basis for the amount established as just compensation, was made to the record owners by way of a letter dated August 25, 2022. City Staff has attempted to negotiate with the record owners subsequent to this offer, but such negotiations have not proved successful in securing the necessary property interests outside of more formal proceedings.
81211.05001\40721595.1
SECTION 7. There has been compliance by the City with the requirements of Section 1245.235 of the California Code of Civil Procedure and the California Environmental Quality Act.

PASSED, APPROVED AND ADOPTED this 5th day of October, 2022.

Javier Moreno, Mayor
Attest:
-
Gabriela Garcia, City Clerk
Approved as to Form:

Carlos Campos, City Attorney
State of California)
County of Imperial) ss.

City of Calexico )
I, Gabriela Garcia, Deputy City Clerk of the City of Calexico do hereby certify the above Resolution No. 2022- _ was approved at a regular City Council meeting held on the 5th day of October, 2022, by the following vote to-wit:

AYES:

NOES:

ABSTAIN:

Gabriela Garcia, City Clerk
81211.05001\40721595.1

EXHIBIT A
[LEGAL DESCRIPTION]
81211.05001\40721595.1
EXHIBIT "A"

RIGHT OF WAY

LEGAL DESCRIPTION
THE NORTH 35.00 FEET OF PARCEL "A" OF THE CERTAIN CERTIFICATE OF COMPLIANCE FOR LOT LINE ADJUSTMENT UA 2019-20, RECORDED NOVEMBER 26, 2019 AS DOCUMENT NO. 2019-024236 OF OFFICIAL RECORDS.

THE ABOVE DESCRIBE PROPERTY CONTAINING 21,082 SQUARE FEET MORE OR LESS.

EXHIBIT B
[PROPERTY MAP]
81211.05001\40721595.1
EXHIBIT "B"

PROPOSED RIGHT OF WAY
BLK. 8
SCALE: 1"=20'
NORTH LINE OF BLOCK 9
OF KLOKE TRACT (OM 1-7)
058-020-013 058-020-008
WEAKLEY RD.

EAST 603.18'

12.50'
„SO'SE 35.00' 35.00'
PER OM 1-7 SCARONI ROAD
EAST 601.54' - —
EXIST. ROAD EASEMENT 1003151

PROPOSED RIGHT

OF WAY LINE
058-030-058 B K 8 - 0

POOR TGUEZ-FEN TAND BUAVEYON

VICTOR RODRIGUEZ-FERNANDEZ
LS 5335
NOTE: Bj
-
DATE
LLA DOC. #2019024236
J.N. 22-060
PAGE 1 OF 1
BENDER

BRI ROSENTHAL

INCORPORATED
August 25, 2022.

Cushman & Wakefield
Attn: Matt Davis
12830 El Camino Real, Suite 100
San Diego, CA 92130
Re: City of Calexico - Weakley Street Improvement Project Site Address: South of Weakley Street, west of Scaroni Avenue Calexico, CA 92231 Owner: Grace W. Lai
Assessor's Parcel No.: 058-030-099
Offer to Purchase (Government Code § 7267.2)
Dear Mr. Davis,
As you may be aware, the City of Calexico (City) is moving forward with the Weakley Street Improvement Project (Project). The Project will consist of the installation of conventional asphalt concrete leveling course, the installation of curb, gutter and sidewalk, traffic striping and traffic control for the street widening.

Your property, located at south of Weakley Street, west of Scaroni Avenue, Calexico, (APN: 058- 030-099), may be affected by the Project. In accordance with Government Code section 7267.2, the City hereby makes an offer in the amount of $67,700 to acquire a roadway easement over 21,082t square feet your property in which 7,536t square feet are encumbered by a previously acquired roadway easement. This is the full amount determined by a qualified, independent appraiser to be the fair market value of the interests being acquired.

Page 2 ends

be admissible in any eminent domain proceeding, or any other action for any purpose prohibited under these sections.

If you have any questions regarding the Proposed Project, this offer, or the acquisition process, please feel free to contact Todd Comer at 909) 694-9990 or email [email protected].

Sincerely,
taly Comer
Todd Comer
Right of Way Agent
Enclosures: Appraisal Summary Statement
Acquisition Brochure

SUMMARY STATEMENT
Weakley Street Improvement Project
The Grace W. Lai Family Trust Property
South of Weakley Street, West of Scaroni Avenue
Calexico, California 92231
APN: 058-030-099
BRI 22-033
BENDER

BRI ROSENTHAL

INCORPORATED
2825 Watt Avenue, Suite 200 Sacramento, California 95821 | www.benderrosenthal.com | 916.978.4900 BENDER Weakley Street Improvement Project
BRI NEGATORA The Grace W. Lai Family Trust Property
INCORPORATED Calexico, California

BASIC PROPERTY DATA
Appraisal Assignment To develop an opinion of the fair market value of the property rights to be acquired for the proposed
project as of the date of value.

Property Location South of Weakley Street, West of Scaroni Avenue Calexico, California 92231

PROPERTY DATA
Legal Description The property is located on the south side of Weakley Street, west of Highway 111 (Imperial Avenue) and
Scaroni Avenue, in Calexico, CA.

Assessor's Parcel Numbers 058-030-099
According to the preliminary title report provided by
Chicago Title Company, dated April 11, 2022, the
property was recently subject to a lot line
adjustment, which re-parceled the property to the
current APN. The lot line adjustment (recorded
November 26, 2019 as Document no. 2019024236 of
Official Records) also changed the original parcel size to the current 3.90t acres.

Owner of Record The Grace W. Lai Family Trust
Large Parcel Area 3.90t acres
BRI 22-033 1
BENDER Weakley Street Improvement Project
BRI ROSENTHAL The Grace W. Lai Family Trust Property
INCORPORATED Calexico, California
Site Description 3.90t acres of commercial land. The property is unimproved.

Zoning CH - Commercial Highway
General Plan Designation Commercial Highway
Special Planning Area None.

Flood Information The subject is located in the flood Zone X (unshaded), map 06025C2075C, dated 09/26/2008.

Seismic Information Not located in a special seismic study area.

This appraisal therefore assumes that there is no
toxic contamination on the subject property. Please
refer to General Limiting Condition Number 16
regarding hazardous materials.

PROPOSED ACQUISITION
The proposed acquisition is a fee acquisition for the purpose of widening and improving Weakley Street.

The acquisition is located at the northern boundary of the property, along Weakley Street, and will be approximately 35' in width along the southern parcel line. The total fee acquisition size is proposed for approximately 21,082 square feet. However, a portion of the proposed acquisition area (7,536 square feet) is encumbered by a roadway easement that was previously granted. Due to the significantly limited rights remaining, the roadway easement is concluded to encumber 100% of the fee simple rights in that area, less $1 for remaining reversionary rights. The acquisition size is described on the table below.

Item Size
Larger Parcel (APNs 058-030-099)
Unencumbered 3.73+ Acres (162,348+ square feet)
Encumbered by previous roadway easement 0.17+ Acres (7,536t square feet) Total 3.90+ Acres (169,884+ square feet)
Fee Acquisition
Unencumbered 0.31+ Acres (13,546t square feet)
Encumbered by previous roadway easement 0.17+ Acres (7,536Ł square feet) Total 0.48+ Acres (21,082+ square feet)
Remainder 3.42+ Acres (148,802+ square feet)
Source: Imperial County Assessor's Tax Maps, Plat and legal and information provided by client

STATUTORY BASIS OF VALUATION
The Market Value was prepared in accordance with the following California Code of Civil Procedures definition.

Code of Civil Procedures Section 1263.320 defines Fair Market Value as follows:

The fair market value of a property taken for which there is no relevant market is its value on the date of valuation as determined by any method of valuation that is just and equitable.

Code of Civil Procedures Section 1263.330 further states:

BRI 22-033 3
BENDER
The Grace Wreat ramu rest rope

BRI ROSENTHAL
Calexico, California

INCORPORATED
The fair market value of the property acquired shall not include any increase or decrease in the value of the property that is attributable to any of the following:
1) The project for which the property is taken;
2) The eminent domain proceeding in which the property is taken; and 3) Any preliminary actions of the plaintiff relating to the taking of the property.

We focused our search for recent sales of similar commercial land sites in the area of the subject property.

BRI 22-033 4
BENDER Weakley Street Improvement Project
BRI ROSENTHAL The Grace W. Lai Family Trust Property
INCORPORATED Calexico, California

COMPARABLE LAND SALES SUMMARY TABLE AND MAP
Sale # Location Seller Sale Date Size Acres Price/
Buyer Sale Price Zoning
DC# APN No. (s) Doc# Size SF SF
LS-1 458 Rood Rd, Dollarmont Holdings, LIC. 3/9/2022 5.12+ Calexico, CA $1,300,000
JEX Investments, LLC GC $5.83
6568 4933 223,027+
APNS: 059-383-001, 002, 003
LS-2 111 W Cole Road Poiriez Properties, Inc 2/17/2022 2.37₺ Calexico, CA $750,000 CH $7.26
6569 Jose Leon 3564 103,237=
APN: 059-342-033
LS-3 301 Robinson Blvd Irma T. Auyon 2/14/2022 7.21+
Calexico, CA $2,000,000 IND $6.37
6567 Kiliwa Real Estate, LLC. 3220 314,068+
APN: 059-330-006
LS-4 1963 US Highway 111 Celtic Bank Corporation 10/5/2021 9.33t El Centro, CA $1,150,000 M-1-U
Ares Transport Group 25556 (Industrial) $2.83
6563 406,415+
APN: 044-470-020
LS-5 300 W Cole Bivd HT Industries, LLC 9/6/2019 10.00+ Calexico, CA IR (Industrial-
$1,750,000 $4.02
6566 Wildwood River Properties, LLC 16884 Rail Served) 435,600t APN: 058-020-015
South of Weakley Street, West
of Scaroni Avenue 3.90+
SUBJECT Calexico, CA Appraisal - CH -
169,884t
APNs: 058-030-099
BICOLO LS-4
-10)
LS-3
-LS-2 SUBJECT <LS-1
LS-5
BRI 22-033 5
BENDER Weakley Street Improvement Project
BRI ROSENTHAL The Grace W. Lai Family Trust Property
INCORPORATED Calexico, California

LARGER PARCEL VALUE CONCLUSION
Unencumbered
162,348+ SF × $5.00/SF = $ 811,740
Encumbered by Roadway Easement
7,536+ SF @ $1 Reversionary Rights Remaining = $ 1
Total 811,741

A portion of the acquisition is encumbered by a previously acquired roadway easement. The roadway easement was previously concluded to impact the fee simple rights by 100%, less $1 for reversionary rights. The value of the proposed acquisition is presented next.

LAND
Value of the Proposed Acquisition
Unencumbered
13,546Ł SF × $5.00/SF = $ 67,730
Encumbered by previous Roadway Easement
7,536Ł SF @ $1 Remaining Reversionary Rights $
67,731
Total

SITE IMPROVEMENTS
There are no site improvements located on the subject.

TOTAL VALUE OF THE PROPOSED ACQUISITION
The total value of the proposed acquisition is presented below:

Value of the Proposed Acquisition
Land = $ 67,731
Site Improvements = $
67,732
Total

VALUE OF THE REMAINDER AS PART OF LARGER PARCEL (LAND ONLY) The value of the remainder as part of the larger parcel is its contributory value to the larger parcel.

Deducting the part acquired (land) from the value of the larger parcel, land only, yields:

Land ($811,741-$67,731) $ 744,010
BRI 22-033
BENDER Weakley Street Improvement Project
BRI ROSENTHAL The Grace W. Lai Family Trust Property
INCORPORATED Calexico, California

Value of the Remainder, After Acquisition, Before Benefits 148,802+ SF × $5.00/SF $ 744,010

LOSS IN MARKET VALUE
Value of the Remainder as Part of the Larger Parcel $ 744,010 Value of the Remainder, After Acquisition, Before Benefits $ 744,010 Loss in Market Value

Value of the Remainder, After Acquisition, Considering Benefits 148,802+ SF x $5.00/SF $ 744,010

GAIN IN MARKET VALUE
Value of the Remainder, After Acquisition, Considering Benefits $ 744,010 Less: Value of the Remainder, After Acquisition, Before Benefits $ 7A1,020
Gain in Market Value
BRI 22-033
BENDER Weakley Street Improvement Project
BRI NADAAT The Grace W. Lai Family Trust Property
INCORPORATED Calexico, California

OPINION OF THE FAIR MARKET VALUE
Fee Acquisition $ 67,731
Net Severance Damages
Total 67,731
Rounded $ 67,700
BRI 22-033 8
BENDER

BRI ROSENTHAL

INCORPORATED

ACQUIRING REAL PROPERTY
FOR:

CITY OF CALEXICO

PUBLIC WORKS

DEPARTMENT

CALEXICO

WEAKLEY STREET IMPROVEMENTS

IMPORTANT TERMS USED IN THIS BROCHURE
Acquisition
Acquisition is the process of acquiring real property (real estate) or some interest therein.

Easement
In general, an easement is the right of one person to use all or part of the property of another person for temporary easement to allow reconstruction of a driveway during construction.

Eminent Domain
Eminent domain is the right of government to take private property for public use, subject to the owner of the property taken being paid just compensation.

Fair Market Value
Fair market value is market value that has been adjusted to reflect constitutional and other legal requirements for public acquisition.

Interest
An interest is a right, title, or legal share in something. People who share in the ownership of real property have an interest in the property.

Program or Project
A program or project is any activity or series of activities undertaken by an agency in order to build and maintain public works or public facilities.

Public Use
A "public use" is a use that confers public benefits, like the provision of public services or the promotion of public health, safety, and welfare. Public uses include a wide variety of projects such as stree improvements, construction of water storage facilities, construction of civic buildings, redevelopment of blighted areas, and levee improvements to increase flood protection. Some public uses are for private entities, such as universities, hospitals and public utilities, which serve the public.