ITEM 5.3
CITY MANAGER'S REPORT
APRIL 13, 2026 CITY COUNCIL REGULAR MEETING
ITEM: PUBLIC HEARING (PUBLISHED NOTICE) AND
CONSIDERATION OF ADOPTION OF
RESOLUTION OF NECESSITY TO ACQUIRE REAL
PROPERTY LOCATED AT 11616 S HARLAN
ROAD, LATHROP CA 95330 (APN 196-020-
140), OWNED BY BALWANT SINGH SANDHU,
BY EMINENT DOMAIN
RECOMMENDATION: City Council to Consider the Following:
1. Hold a Public Hearing and continue to May
11, 2026; and
2. Continue this item to May 11, 2026 for
Council to consider the following:
3. Adopt Resolution of Necessity of the City
of Lathrop to Acquire Real Property in
Connection with the Harlan Road
Realignment Project, CIP PS 14-04; Make
Findings and Determinations; and
Authorize Eminent Domain Proceedings
for the Property located at 11616 S Harlan
Road (APN 196-020-140), owned by
Balwant Singh Sandhu
SUMMARY:
Votice of Public Hearing was published for tonight's meeting; therefore stafi recommend Council to open public hearing and take any comments from public anc continue the Public Hearing and consideration of the proposed Resolution of Necessity to its next regularly scheduled meeting for May 11, 2026, to allow for additional comments.
Capital Improvement Project (CIP) PS 14-04, the Harlan Road Realignment Project ("Project") was initiated to realign Harlan Road and increase the distance between Interstate 5 (I-5) and the intersection of Harlan Road and Roth Road to accommodate future interchange improvements. Implementation of the Project requires acquisition of a portion of property located at 11616 S Harlan Road, Lathrop CA 95330 (APN 196-020-140), owned by Balwant Singh Sandhu. Specifically, the Project requires acquisition of 2,683 square feet in permanent public right-of-way easement, 1,399 square feet for a permanent public utility and slope easement, and 1,398 square feet for a temporary construction easement, as detailed in Attachment B.
In conformance to Government Code Section 7267.2, the City extended a formal offer to Mr. Sandhu on October 29, 2024, for acquisition of the required right-of-way and public utility easement interests. The offer, in the amount of $74,300, was based on an independent appraisal. Subsequently, the City and its engineering consultant, Dokken Engineering, Inc. (Dokken Engineering), received a counteroffer from Mr.
CITY MANAGER'S REPORT PAGE 2
APRIL 13, 2026 CITY COUNCIL REGULAR MEETING RESOLUTION OF NECESSITY TO ACQUIRE PROPERTY LOCATED AT 11616 S HARLAN ROAD OWNED BY BALWANT SINGH SANDHU (APN 196-020-140) BY EMINENT DOMAIN
Sandhu requesting that the City purchase the parcel for $120,000, despite Mr.
Sandhu's independent appraisal returning at $101,000. The City declined the counteroffer, and countered for $110,000. On June 9, 2025, Mr. Sandhu submitted a second counteroffer proposing a reduced amount of $115,000 for the parcel. The City agreed on June 18, 2025 to pay Mr. Sandhu $116,000 for the right-of-way needed for the project. However, on July 2, 2025 Mr. Sandhu decided not to sign.
Despite the City's good faith efforts to negotiate for the property required for the Project, Mr. Sandhu has made his mind up not to sign. On October 29, 2025, an impasse letter (Attachment C) was sent to Mr. Sandhu via mail and email notifying him of the City's intent to consider adoption of a Resoltion of Necessity. Pursuant to Code of Civil Procedure sections 1240.010, 1240.120, and 1240.220, and Government Code section 37350.5, the City of Lathrop is authorized to acquire real property necessary for public use through eminent domain.
Staff recommends that the City Council conduct a public hearing to consider whether:
1. The public interest and necessity require the Project; and
2. 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
3. The property sought to be acquired is necessary for the Project.
The public interest and necessity require the Project. The Harlan Road Realignment Project is a critical infrastructure priority identified in the City's Capital Improvement Program (CIP PS 14-04). The realignment is necessitated by the existing proximity of the Harlan Road/Roth Road intersection to the I-5 interchange, which currently creates significant traffic queuing and safety concerns. As regional traffic volumes increase, this project is essential to facilitate future interchange improvements and maintain acceptable Levels of Service (LOS) for Lathrop residents and regional commuters. Failure to move forward with the Project would result in increased traffic congestion, diminished emergency response efficiency, and the inability to accommodate planned growth as outlined in the City's General Plan.
The Project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury. The Project's design is the result of extensive engineering analysis by Dokken Engineering, Inc., which evaluated multiple alignment alternatives. The selected path was chosen because it achieves the necessary safety separation from I-5 while minimizing the total acreage of private property required for acquisition.
• Greatest Public Good: The realignment provides a long-term solution for traffic distribution and safety that benefits the entire community and regional transport network.
CITY MANAGER'S REPORT PAGE 3
APRIL 13, 2026 CITY COUNCIL REGULAR MEETING RESOLUTION OF NECESSITY TO ACQUIRE PROPERTY LOCATED AT 11616 S HARLAN ROAD OWNED BY BALWANT SINGH SANDHU (APN 196-020-140) BY EMINENT DOMAIN
• Least Private Injury: The City has carefully tailored the acquisition to include only the minimum area required for the roadway, public utility easements, and temporary construction needs. Rather than taking the owner's entire parcel, the City is only seeking the 4,082 square feet in right-of-way necessary for the physical road, thereby allowing the remainder of the property to remain in the owner's possession.
The property sought to be acquired is necessary for the Project. The specific portions of APN 196-020-140 (11616 S Harlan Road) are physically essential to the construction of the realigned roadway.
• Right-of-Way Interest: The 2,683 square feet are required for the actual footprint of the new public right-of-way.
• Permanent Easement: The 1,399 square feet for a public utility easement are necessary to relocate existing infrastructure that would otherwise conflict with the new alignment.
• Temporary Easement: The 1,398 square feet for a temporary construction easement are required for safe grading, equipment staging, and site access during the construction phase. Without these specific property interests, the Project cannot meet current Caltrans and City engineering standards for safety and roadway geometry.
If the Council determines all three criteria are met, staff recommends the Council adopt a Resolution of Necessity authorizing the City of Lathrop to acquire real property interest necessary for the Harlan Road Realignment Project, CIP PS 14-04; make the required findings and determinations; and authorize the initiation of eminent domain proceedings for the property located at 11616 S Harlan Road (APN 196-020-140), owned by Balwant Singh Sandhu.
BACKGROUND:
New development projects are projected to cause the I-5/Roth Road interchange to operate at an unacceptable level of service. Acquisition of property rights pursuant to the Harlan Road Realignment Project, CIP PS 14-04, is a prerequisite to constructing of any future interchange improvements. The Project will realign Harlan Road by shifting its alignment and signalizing its intersection with Roth Road. Dokken Engineering completed the environmental phase of the Project in 2021, and the City adopted a Mitigated Negative Declaration (Exhibit E) on March 8, 2021. Dokken Engineering was subsequently contracted to continue with project design and right- of-way acquisition services. In August 2024, the City Council authorized staff and Dokken Engineering to initiate negotiations for right-of-way acquisitions.
Acquisition of a portion of the property located at 11616 S Harlan Road, Lathrop, CA 95330 (APN 196-020-140) is necessary to construct the Harlan Road realignment, including associated utilities and proposed project improvements. On October 29, 2024, Dokken Engineering, on behalf of the City, presented a fair market value offer CITY MANAGER'S REPORT PAGE 4
APRIL 13, 2026 CITY COUNCIL REGULAR MEETING RESOLUTION OF NECESSITY TO ACQUIRE PROPERTY LOCATED AT 11616 S HARLAN ROAD OWNED BY BALWANT SINGH SANDHU (APN 196-020-140) BY EMINENT DOMAIN
of just compensation to the property owner, Mr. Sandhu, in the amount of $74,300.
This offer was based on a certified appraisal for the acquisition of 2,683 square feet in fee, permanent public utility easement totaling 1,399 square feet, and 1,398 square feet in temporary construction easement.
In response, Mr. Sandhu submitted a counteroffer requesting that the City acquire the property for $120,000. Since the parcel owners independent appraisal returned at $101,000, the City declined the proposal and countered at $110,000. On June 9, 2025, Mr. Sandhu submitted a second counteroffer seeking $115,000 for the property. On June 18, 2025 the City accepted Mr. Sandhu's countered at $116,000; however on July 2, 2025 Mr. Sandhu decided to not sign. Dokken Engineering reiterated the scope of the Project, the specific land requirements, and the valuation methodology used in the appraisal; however, negotiations remain unsuccessful.
On October 29, 2025, Dokken Engineering notified the property owner that a public hearing would be scheduled for an upcoming City Council meeting, during which the City Council would consider the adoption of a Resolution of Necessity.
The following factors are presented for consideration at this hearing:
a) Whether the public interest and necessity require the Project; and b) 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 c) Whether the property sought to be acquired is necessary for the Project.
The City Council may adopt the Resolution of Necessity if it finds the above factors are met. The eminent domain process for acquiring the required property generally includes the following steps:
(1) issuance of a Notice of Hearing to consider adoption of a Resolution of Necessity (published by the City on March 10, 2026);
(2) adoption of the Resolution of Necessity by the City Council; (3) filing an eminent domain action with the court; and (4) obtaining possession of the property through a court-issued Order of Possession.
Staff recommends that negotiations with the property owner continue throughout the process, including after possession has been secured. If a settlement cannot be reached, both parties retain the right to have just compensation determined by a jury.
Accordingly, staff recommends that the City Council initiate eminent domain proceedings to acquire the specified portion of the property located at 11616 S Harlan Road (APN 196-020-140), owned by Balwant Singh Sandhu, as shown and described in Exhibit B. The City Council has discretion to vote for or against the proposed Resolution of Necessity. Adoption requires a two-thirds vote of the Council as a whole.
CITY MANAGER'S REPORT PAGE 5
APRIL 13, 2026 CITY COUNCIL REGULAR MEETING RESOLUTION OF NECESSITY TO ACQUIRE PROPERTY LOCATED AT 11616 S HARLAN ROAD OWNED BY BALWANT SINGH SANDHU (APN 196-020-140) BY EMINENT DOMAIN
REASON FOR RECOMMENDATION:
The Project is consistent with the Harlan Road Precise Plan and is required to support future improvements to the Roth Rd and I-5 interchange. To construct the Project and accommodate existing and future development, timely acquisition of the necessary right-of-way is essential. The proposed realignment has been designed to minimize impacts on private property while utilizing existing public right-of-way to the greatest extent possible.
1. The public interest and necessity require the Project:
1 one Reen Ro meet • Operational Safety & Capacity: The current configuration of the Harlan Road and Roth Road intersection is too close to the I-5 interchange ramps. This proximity causes traffic "interlock" and queuing that extends onto the freeway off-ramps, creating a high risk of rear-end collisions. The Project realigns the road to provide the standard "stacking distance" required for modern traffic volumes.
• Regional Growth & General Plan Consistency: The Project is a cornerstone of the Harlan Road Precise Plan. It is a mandatory precursor to future interchange improvements designed to support the commercial and industrial growth anticipated in the City's General Plan.
• Emergency Response Efficiency: Current congestion at this junction impedes emergency vehicle access to the surrounding industrial and residential corridors. By improving the Level of Service (LOS) and reducing bottlenecks, the Project ensures more reliable response times for public safety.
2. The Project is most compatible with the greatest public good and the least private injury:
• Alternative Alignment Analysis: During the environmental and preliminary engineering phases (Initial Study/Mitigated Negative Declaration), several alternatives were evaluated. A "No Project" alternative was rejected as it fails to address safety hazards. Shifting the alignment further east or west was rejected because those routes would have required the total demolition of existing structures or significantly higher environmental impacts on protected resources.
• Optimization of Existing Right-of-Way: The selected alignment maximizes the use of land already owned by the City and Caltrans. This design approach significantly reduces the amount of private acreage that must be converted to public use.
• Avoidance of Total Take: Although the property owner has requested that the City purchase the entire parcel, the City has tailored the Project design to take only what is physically necessary for the roadway and utility relocations. This leaves the remainder of the parcel intact for the owner's continued use, fulfilling the "least private injury" mandate, and minimizing the burdens on the public.
3. The Property is necessary for the Project:
CITY MANAGER'S REPORT PAGE 6
APRIL 13, 2026 CITY COUNCIL REGULAR MEETING RESOLUTION OF NECESSITY TO ACQUIRE PROPERTY LOCATED AT 11616 S HARLAN ROAD OWNED BY BALWANT SINGH SANDHU (APN 196-020-140) BY EMINENT DOMAIN
• Physical Footprint: The 2,683 square feet identified for right-of-way acquisition are physically located within the engineered centerline and shoulder of the realigned Harlan Road. It is impossible to construct the curve of the new road to meet safety speed standards without this specific portion of the property. • Utility Infrastructure Relocation: The 1,399 square-foot permanent easement is required to relocate critical wet and dry utilities (e.g., water, sewer, power) that currently sit in the path of the new roadway. These utilities must be maintained to provide service to the rest of the neighborhood. • Construction Logistics: The 1,398 square-feet of temporary construction easement (TCE) is the minimum area required for safe grading, equipment staging, and the protection of the public during the construction phase. Once construction is complete, this area will be restored and returned to the owner.
FISCAL IMPACT:
Sufficient funds have been allocated within the Harlan Road Realignment Project, CIP PS 14-04, for the proposed property acquisition cost of $74,300. This amount includes acquisition of 2,683 square feet in fee, 1,399 square feet of permanent public utility easement, and 1,398 square feet in temporary construction easement located at 11616 S Harlan Road, Lathrop, CA 95330.
ATTACHMENTS:
A. Draft Resolution of Necessity of the City of Lathrop to Acquire Real Property in Connection with the Harlan Road Realignment Project, CIP PS 14-04; Make Findings and Determinations; and Authorize Eminent Domain Proceedings for the Property located at 11616 S Harlan Road (APN 196-020-140), owned by Balwant Singh Sandhu
B. Plat and Legal Right-of-Way Acquisitions for 11616 S Harlan Road (APN 196- 020-140)
C. Final Notice to Property Owner of 11616 S Harlan Road (APN 196-020-140) D. Owner Packet
E. Mitigated Negative Declaration
CITY MANAGER'S REPORT PAGE 7
APRIL 13, 2026 CITY COUNCIL REGULAR MEETING RESOLUTION OF NECESSITY TO ACQUIRE PROPERTY LOCATED AT 11616 S HARLAN ROAD OWNED BY BALWANT SINGH SANDHU (APN 196-020-140) BY EMINENT DOMAIN
APPROVALS
out/ 8/2026
Leisser Mazariegos
Project Manager
4/8/2026
Pubi Works Director/City Engineer Date
public Works Director/City Engineer
wal out 4/8/2024
Cari James Date
Finance Director
14L- 4/8/2024
Thomas Hedegard Date
Deputy City Manager
4.8.2026
Michael King Date
Assistant City Manager
4-8-2026
Salvador Navarrete Date
City Attorney
4.9.24 Stephen J. Salvatore Date
City Manager
RESOLUTION NO. 26 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP DECLARING
THE PUBLIC INTEREST AND NECESSITY FOR THE ACQUISITION OF CERTAIN
REAL PROPERTY BY EMINENT DOMAIN FOR THE HARLAN ROAD
REALIGNMENT PROJECT, CIP PS 14-04, PROPERTY LOCATED AT 11616 S HARLAN ROAD (APN 196-020-140), OWNED BY BALWANT SINGH SANDHU WHEREAS, Capital Improvement Project (CIP) PS 14-04 for Harlan Road Realignment ("Project"), was created to realign Harlan Road and increase the distance between Interstate 5 (I-5) and the intersection of Harlan Road and Roth Road to accommodate future interchange improvements; and WHEREAS, a mitigated negative declaration under the California Environmental Quality Act was adopted for the Project on March 8, 2021; and WHEREAS, implementation of the Project requires acquisition of a portion of property located at 11616 S Harlan Road (APN 196-020-140), owned by Balwant Singh Sandhu. Specifically, the Project requires acquisition of 2,683 square feet in public right-of-way, 1,399 square feet in permanent public utility and slope easement, and 1,398 square feet of temporary construction easement; and WHEREAS, in accordance with Government Code Section 7267.2, the City extended a written offer to the property owner on October 29, 2024, for the acquisition of the required right-of-way, public utility easement, and temporary construction easement interests; and
WHEREAS, the offer, in the amount of $74,300 was based on an independent appraisal report. Subsequently, the City and its engineering consultant, Dokken Engineering, Inc. (Dokken Engineering), received a counteroffer from the property owner requesting $120,000, based on his own independent appraisal returning at $101,000; and
WHEREAS, the City declined and countered $110,000 on June 9, 2025, the property owner submitted a second counteroffer proposing a reduced amount of $115,000 for the acquisition of the parcel; and
WHEREAS, the City approved his offer and countered $116,000 on June 18, 2025, but on July 2, 2025, Mr. Sandhu decided not to sign the agreement; and WHEREAS, despite the City's good faith efforts to negotiate for the property required for the Project, the owner has declined to negotiate further; and WHEREAS, on October 29, 2025, an impasse letter was sent to Mr. Sandhu via mail and email, informing him of the City's intent to consider adoption of a Resolution of Necessity; and
WHEREAS, pursuant to Code of Civil Procedure section 1240.010 and Government Code section 37350.5, the City of Lathrop is authorized to acquire, by eminent domain, real or personal property necessary for the exercise of its powers; and
WHEREAS, notice has been properly given to all persons whose name and address appear on the last equalized County Assessment Roll, as required by Section 1245.235 of the Code of Civil Procedure, and a public hearing has been held at which all persons whose property may be acquired by eminent domain were given a reasonable opportunity to appear and be heard by the City Council on the matters set forth in Code of Civil Procedure sections 1240.010 and 1240.220, and the City Council has heard and considered all evidence presented; and WHEREAS, the City of Lathrop intends to construct the Project to increase spacing for tuture improvements at the I-5 ramp termini intersection to improve the intersection traffic operations, a public use, together with related improvements to carry out and make effective the principal purpose pursuant to Code of Civil Procedure section 1240.120, subdivision (a), and, in connection therewith, acquire interests in certain real property. Said public use is a function of the City; and WHEREAS, due consideration has been given to all oral and documentary evidence presented.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lathrop that the following findings and determinations are made:
1. That the City has fully complied with the California Environmental Quality Act for this proposed Project, including adopting a mitigated negative declaration on March 8, 2021; and
2. That the City has statutory authority to acquire the property by eminent domain under Code of Civil Procedure sections 1240.010 and 1240.120, and Government Code section 37350.5; and
3. That the public interest and necessity require the acquisition of the real property interests described in the Right-Of-Way Acquisition Exhibit for the purpose of constructing the Harlan Road Realignment Project, CIP PS 14-04, and related improvements; and
4. That the Project is planned and located in a manner that will be most compatible with the greatest public good and the least private injury; and
5. That the property interest sought to be acquired are necessary for the Project; and
That the offer required by Government Code Section 7267.2 has been made to the property owner of record.
BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop Located at 11616 5 Hantan Road (APN 196-020-140, odend by Balwant Singy The foregoing resolution was passed and adopted this 11th day of May 2026, by the following vote of the City Council, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Paul Akinjo, Mayor
ATTEST: APPROVED AS TO FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney Attachment
"B
EXHIBIT "A"
APN: 196-020-14
LEGAL DESCRIPTION
All that real property situated in the City of Lathrop, County of San Joaquin, State of California, being a portion of Lot 2 in the Northeast Quarter of Section 14, Township 1 South, Range 6, East, Mount Diablo Base and Meridian, as described in the Grant Deed to Balwant Singh recorded in Document No. 2000-22737, Official Records of the County of San Joaquin, more particularly described as follows:
Grant of Public Right of Way Easement
Beginning at the Southwest corner of said Balwant Singh Grant Deed, being the intersection of the South line of said Grant Deed and the Easterly Right of way for Harlan Road; thence leaving said Point of Beginning along said Easterly Right of Way along a non-tangent curve to the right, having a radius of 1370.00 feet and a radial bearing of North 68°43'50" West, through a central angle of 06°07'26 an arc length of 146.43 feet to the Northerly line of said Grant Deed; thence along said Northerty line South 89°29'24' East, 9.45 feet; thence leaving said line South 17°26'35" West, 139.88 feet to the Southerly line of said Grant Deed; thence along said Southerly line North 89-39'17 West,
27.82 feet to the Point of Beginning, containing 2683 square feet more or less.
Public Utility and Slope Easement
A strip of land 10 feet in width parallel with and coincident with the above described Right of Way the Westerly line thereof described as follows:
Commencing at a the Southwest corner of said Balwant Singh Grant Deed, being the intersection of the South line of said Grant Deed and the Easterly Right of way for Harlan Road; thence leaving said Point of Commencement along the Southerly line of said Grant Deed South 89°39'17" East, 27.82 feet to the True Point of Beginning; thence leaving said boundary line North 17°26'35" West, 139.88 feet to the North line of said Grant Deed and the Point of Termination, containing 1399 square feet more or less.
Temporary Construction Easement
A strip of land 10 feet in width parallel with and coincident with the above described Public Utility Easement the Westerly line thereof described a follows:
Sheet lof 3
EXHIBIT "A"
APN: 196-020-14
LEGAL DESCRIPTION
Commencing at a the Southwest corner of said Balwant Singh Grant Deed, being the intersection of the South line of said Grant Deed and the Easterly Right of way for Harlan Road; thence leaving said Point of Commencement along the Southerly line of said Grant Jeed South 89°39'17" East, 38.28 feet to the True Point of Beginning; thence leavin said boundary line North 17'26'35" West, 139.85 feet to the North line of said Grant Deed and the Point of Termination, containing 1398 square feet more or less.
See Exhibit "B" attached hereto and made a part of this description.
End of description
The Basis of Bearings is identical to the City of Lathrop control network established from found monuments.
The sidelines of described strips of land are to be shortened or elongated as to begin and end on the boundary lines of said property.
This description has been prepared by me or under my direct supervision in conformance with the Professional Land Surveyors' Act.
Ryan L. Ming P.L.S. 8409 Date
RYAN L
MING
No. 8409
CALIFORN
OF
Sheet 2of 3
/
LATHROP SAND
COMMUNITY LL
11550 S HARLEN RD
DOC#2018-001228
APN: 196-020-13
1 1" = 30' 589*29 ' 24"E
9.45'
10° PUE & SE
1399 SQFT ‡
CH=N24'19'53"E N17°26 ' 35"E
146.36 139.85'
A=006°07'26"
R=1370.00
L=146.43 SANDHI
1616 S HARLEN R
DOC#2000-22737
APN:196-020-14
HARLAN RD 10'TCE
1398 SQFT t
10' _517 26 35"₩
139.88
_N68'43'50'W (R) 10
POB
ROW
POC PUE, SE •TPOB TORRES
& TCE 10' TCE 11672 S HARLEN RD
9 99 173 TPOB DOC#2019-085271
S89*39'17" E 10.46° APN: 196-020-16
LEGEND 27.82' T10' PUE & SE (38.28" TOTAL)
GRANT OF PUBLIC ROW EASEMENT#1 2683 SQFT I
APN. DIMENSION POINT
ASSESSORS PARCEL NUMBER
BK.
PUE... . PUBLIC UTILITY EASEMENT
ROW RADIAL BEARING RYANG
RIGHT OF WAI
POB. POINT OF BEGINNING No. 8409
TPOB. ...TRUE POINT OF BINNING
POC... ..POINT OF COMMENCEMENT WHATE
TCE.. ....TEMPORARY CONSTRUCTION EASEMENT
SE..
EXHIBIT B * UNICO
APN: 196-020-14 11616 S HARLAN RD
SHEET 3 OF 3 CITY OF LATHROP COTTY OF SAN JOAQUIN, STATEOF CALFORNIA 110 BLUE RAVINE RD SUITE 101 | FOLSOM, CA 85630 PHONE: 816.900.6623 | unicoengineering.com
DOKKEN ENGINEERING
DE Transportation Solutions from Concept to Construction Attachment
October 23, 2025 "C
Balwant Singh Sandhu
1623 Bella Terra Dr
Manteca, CA 95337
RE: Harlan Road Realignment at Roth Road - CIP PS 14-04 Project Property Address: 11616 S Harlan Rd, Lathrop, CA 95330
APN: 196-020-14
FINAL NOTICE
Dear Property Owners:
Subject: Harlan Road Realignment at Roth Road - CIP PS 14-04 Project We appreciate your time and engagement during the right of way acquisition process for the Harlan Road Realignment at Roth Road - CIP PS 14-04 Project. As you are aware, the proposed project is a public infrastructure improvement effort intended to reduce congestion and support future traffic operations at the I-5/Roth Road interchange. The project will shift the intersection and realign Harlan Road to create space for future improvements while maintaining access to nearby properties. The project requires a permanent right of way easement, a permanent public utility and slope easement, and a temporary construction easement and your property is one of those affected.
Over the past 11 months, our team has made several good faith attempts to reach a voluntary agreement for the acquisition of the necessary property rights. These efforts have included:
• Providing you with an appraisal-based offer package dated 10/29/2024; • Responding to your questions and concerns regarding the offer; and Making ourselves available for meetings, discussions, and negotiations.
Despite these efforts, we have not been able to secure an agreement for the acquisition of the required property rights and have unfortunately reached an impasse in our negotiations. As the project has established that the property is essential, our firm will recommend that the City initiate the Resolution of Necessity (RON) process to facilitate the progression of the project.
Enclosed, you will find the "Your Property/Your Transportation Project Informational Brochure," which was included in your initial offer package. This document contains important information regarding the condemnation process and related legal proceedings. If our firm receives no further communication by November 7, 2025, the City will proceed to issue the RON hearing letter, which will outline your rights to attend and respond.
DOKKEN ENGINEERING •110 Blue Ravine Road, Suite 200, Folsom, CA 95630 • Tele: 916.858.0642 • Fax: 916.858.0643 DEPOKKEN Page 2 of 2
ENGINEERING
I am genuinely committed to collaborating with you to achieve a fair and satisfactory settlement that is beneficial for both parties involved.
Sachd you mid to did 54 his matter further or have any quesions, please do not hesiate to Sincerely,
Jason Andrews, SR/WA
Senior Right of Way Agent
DRE# 1722818
Dokken Engineering
Cc: City of Lathrop
Attached: Exhibit 8-EX-16
Your Property/Your Transportation Project Informational Brochure DOKKEN ENGINEERING • 110 Blue Ravine Road, Suite 200, Folsom, CA 95630 • Tele: 916.858.0642 • Fax: 916.858.0643
CITY OF LATHROP EXHIBIT
SUMMARY STATEMENT RELATING TO THE PURCHASE OF 8-EX-16 (REV 3/2017) REAL PROPERTY OR AN INTEREST THEREIN Page 1 of 2
(Form #)
The City of Lathrop ("City") is proposing to acquire the necessary land rights for the Harlan Road Realignment at Roth Road - CIP PS 14-04 Project.
Your property located at 11616 S Harlan Rd, Lathrop, CA is within the project area, and is also identified by your county assessor as Parcel No. 196-020-14.
Title Ill of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and the California Relocation Assistance and Real Property Acquisition Guidelines require that each owner from whom the City purchases real property or an interest therein or each tenant owning improvements on said property be provided with at a minimum, a summary of the Appraisal of the real property or interest therein, as well as the following information:
1. You are entitled to receive full payment prior to vacating the real property being purchased unless you have heretofore waived such entitlement. You are not required to pay recording fees, transfer taxes, or the pro rata portion of real property taxes which are allocable to any period subsequent to the passage of title or possession.
2. The City will offer to purchase any remnants) considered by the City to be an uneconomic units) which is/are owned by you or, if applicable, occupied by you as a tenant and which is/are contiguous to the land being conveyed.
3. All buildings, structures and other improvements affixed to the land described in the referenced documents) covering this transaction and owned by the grantors) herein or, if applicable, owned by you as a tenant, are being conveyed unless other disposition of these improvements has been made. The interest acquired is a Permanent Public Right of Way Easement, Permanent Public Utility and Slope Easement, and Temporary Construction Easement. The property being purchased comprises 2,683 SF Permanent Public Right of Way Easement, 1,399 SF Permanent Public Utility and Slope Easement, and 1,398 SF Temporary Construction Easement.
4. The market value of the property being purchased is based upon a market value valuation which is summarized on the attached Appraisal Report and such amount:
a. Represents the full amount of the appraisal of just compensation for the property to be purchased; b. Is not less than the approved appraisal of the fair market value of the property as improved; c. Disregards any decrease or increase in the fair market value of the real property to be acquired prior to the date of Appraisal caused by the public improvement for which the property is to be acquired or by the likelihood that the property would be acquired for such public improvement, other than that due to physical deterioration within the reasonable control of the owner or occupant; and
Does not reflect any consideration of or allowance for any relocation assistance and payments or other benefits which the owner is entitled to receive under an agreement with the City.
5. Pursuant to Code of Civil Procedure Section 1263.025 should you elect to obtain an independent appraisal, the City will pay for the actual reasonable costs up to five thousand dollars ($5,000) subject to the following conditions:
a. You, not the City, must order the appraisal. Should you enter into a contract with the selected appraiser, the City will not be a party to the contract;
b. The selected appraiser is licensed with the Bureau of Real Estate Appraisers (BREA), formerly known as the Office of Real Estate Appraisers;
c. Appraisal cost reimbursement requests must be made in writing, and submitted to the Dokken Engineering at: 110 Blue Ravine Rd, Suite 200, Folsom, CA 95630 within ninety (90) days of the earliest of the following dates: (1) the date the selected appraiser requests payment from you for the appraisal; or, (2) the date upon which you, or someone on your behalf, remitted full payment to the selected appraiser for the appraisal. Copies of the contract (if a contract was made), appraisal report, and the invoice for the completed work by the appraiser must be provided to the City
CITY OF LATHROP EXHIBIT
SUMMARY STATEMENT RELATING TO THE PURCHASE OF 8-EX-16 (REV 3/2017) REAL PROPERTY OR AN INTEREST THEREIN (Cont.) Page 2 of 2 (Form #)
concurrent with submission of the Appraisal Cost Reimbursement Agreement. The costs must be reasonable and justifiable.
6. The owner of a business conducted on a property to be acquired, or conducted on the remaining property which will be affected by the purchase of the required property, may be entitled to compensation for the loss of goodwill. Entitlement is contingent upon the owner's ability to prove such loss in accordance with the provisions of Sections 1263.510 and 1263.520 of the Code of Civil Procedure.
7. If you ultimately elect to reject the City's offer for your property, you are entitled to have the amount of compensatior determined by a court of law in accordance with the laws of the State of California
8. You are entitled to receive all benefits that are available through donation to the City of all or part of your interest in the real property sought to be acquired by the City as set out in Streets and Highways Code Sections 104.2 and 104.12.
YOUR PROPERTY/YOUR TRANSPORTATION PROJECT
INFORMATIONAL BROCHURE
INTRODUCTION
This booklet was prepared for you as a person who may potentially be affected by a proposed and present a better picture of our overall procedures.
WHY DOES A PUBLIC AGENCY
HAVE THE RIGHT TO BUY MY PROPERTY?
Our State and federal constitutions recognize the need for public agencies to purchase private property for public use, and provide appropriate safeguards to accomplish this purpose. State and federal constitutions and the federal Uniform Relocation Assistance and Real Property Acquisition Policies Act, as amended, authorize the purchase of private property for public use and assure full protection of the rights of each citizen. The responsibility for studying potential sites for a transportation project rests with a team of specially trained individuals selected to do this important job. Many months or even years are spent in preliminary study and investigation to consider possible locations for a project. Consideration of the environmental and social impacts are as much a part of location determination as engineering and cost. Participation by private citizens and public agencies is actively sought so that various views can be considered in the study process. The process may include public hearings and/or workshops, which give persons an opportunity to express their views on the locations being considered. The Agency is composed of many specialists. Among these are:
Transportation Planners
These individuals determine methods and routes for the traveling public. This includes studies of existing traffic patterns, "origin-destination" surveys and user benefits. They also determine whether the proposed project location is economically sound. They research and analyze the effects produced by similar projects upon other communities.
Environmental Planners
These individuals evaluate the socio-economic and/or environmental impacts, including traffic, noise and visual impacts of the proposed project.
Design Engineers
These individuals recommend the type of transportation project which will be of the most benefit to the public. They prepare design plans which determine the properties needed for the project.
Relocation Specialists
These individuals perform early studies of the general needs of persons who may need to be thorough social, economic, engineering, and environmental analyses, as well as consideration of expressed public concerns and desires. The goal is that the project provide the greatest public good and the least private injury or inconvenience while rendering the best possible service.
Transportation Surveyors
These individuals perform field surveys and monument property lines to delineate and map the Agency's right of way needs. They are also authorized by law to enter real property to perform such tasks. It is the Agency's policy that owners and tenants of property will be notified prior to such surveys.
WHO WILL CONTACT ME?
One of the first persons you will meet is a Right of Way Agent performing the staff appraisal.
You will be afforded the opportunity to accompany the appraiser on the inspection of your property. At the time of the inspection the appraiser will also provide you with general project information. The appraiser will analyze your property and examine all of the features which contribute to its market value. Information about improvements you have made and any other special features that you believe may affect the market value of your property should be given to the appraiser to ensure he/she has all the information you feel is relevant. It is the duty of the Agency to ensure that you receive fair market value as if you sold your property privately in the open market. The Agency cannot buy your property for more than it is worth, but it can and will assure you that you do not have to sell your property for less than its fair market value.
California law provides that the owner shall receive a copy of the appraisal or a summary of the valuation upon which the Agency's offer is based. At the time the offer is made to purchase your property, you may obtain your own appraisal and the Agency will reimburse you up to $5,000 for the actual, reasonable costs of obtaining an independent appraisal. A licensed State appraiser must perform your appraisal. Your Right of Way Agent will provide more information concerning this reimbursement at the time of the offer.
WHAT ADVANTAGE IS THERE IN SELLING YOUR PROPERTY TO
THE AGENCY?
A real estate purchase by the Agency is handled in the same way as any private sale of property.
However, there can be financial advantages in selling to the Agency. The Agency will pay fair market value for your property. The Agency will also pay for the preparation of all documents, all title and escrow fees, a policy of title insurance, recording fees and such other fees as may be required for the conveyance of title to the Agency. Since this is a direct conveyance of real property from the property owner to the Agency, there are no real estate commissions involved, and the Agency will not recognize or pay any such real estate commissions. A private sale will usually cost thousands of dollars in sales expenses. There are no seller's expenses in a purchase by the Agency. Additionally, depending on your specific circumstances, you may be eligible for relocation payments and benefits when you move. These benefits are described in supplemental booklets which will be provided to you, should the Agency's acquisition actually cause you to be displaced from your property.
WILL I BE PAID FOR LOSS IN VALUE TO MY REMAINING
PROPERTY?
When only a part of your property is needed for a project, every reasonable effort is made to insure that you do not suffer damages to the remainder of your property. The total payment b he Agency will be for the property the Agency actually purchases and for any loss in marke value to your remaining property. The determination of any loss in market value is an appraisal problem involving many variables. When this situation occurs, the Right of Way Agent will explain the effect of a partial acquisition on your remaining property.
MAY I RETAIN AND MOVE MY HOME, BUSINESS BUILDING,
MACHINERY, OR EQUIPMENT?
If your house is movable and you wish to make such an arrangement, the Agency will pay you on the basis of the market value of your present lot including landscaping, plus the reasonable cost of moving the building. There are cases where, because of age, size or condition of the house, the cost of moving it would exceed its present market value, less its salvage value. In such a case, payment of moving costs would, of course, be an unwise expenditure of public funds. It you operate a farm or business, you may wish to keep and move fixed machinery and equipment.
Additionally, as an owner of a business conducted on the property to be purchased, you may be entitled to compensation for a loss of business goodwill. Your specific circumstances will need to be analyzed on a case-by-case basis. If any of these concepts are applicable to your situation, they will be explained by the Right of Way Agent assigned to purchase your property.
WILL I HAVE TIME TO SELECT ANOTHER HOME AFTER THE
AGENCY MAKES ITS PURCHASE?
The Agency starts to appraise properties early enough so that you will have ample time to move prior to project construction. Like any other real estate transaction, it requires time to close an escrow after a right of way contract and deed have been signed. You will not be required to move until reasonable, decent, safe and sanitary replacement housing is available. Once you have received the written offer to purchase your property from the Agency, it is in your best interest to look for a new place to live as soon as possible. Finding a home early that best suits your needs before you are required to move will minimize your personal inconvenience and will avoid having to make a choice of housing under pressure. In some instances you may be able to sell your property to the Agency and rent back temporarily pending construction. The Agency also offers to provide you with assistance in finding a new place in which to live. The Agency will give you at least 90 days notice in writing before you are required to move.
WHAT HAPPENS TO THE LOAN ON MY PROPERTY?
\fter you and the Agency have agreed upon a price, a Right of Way Agent and/or a title ompany will contact all other parties having an interest in the property. Payment to satisfi outstanding loans or liens will be made through a title company escrow as in the case in any real estate transaction.
WHAT WILL HAPPEN TO MY GI OR CAL-VET LOAN?
The Veterans Administration and the California Department of Veterans Affairs allow your veteran loan privileges to be transferred and to become available for coverage on another property. Your Right of Way Agent will assist you in the transfer. However, it is to your benefit and your responsibility to check with the Veterans Administration or the California Department of Veterans Affairs for procedural instructions.
IF THE VALUE OF MY PROPERTY IS HIGHER TODAY
THAN WHEN I PURCHASED IT, DO I HAVE TO PAY INCOME
OR CAPITAL GAINS TAX ON THIS DIFFERENCE
WHEN I SELL/CONVEY TO THE AGENCY?
According to the Internal Revenue Service, the sale of property to a governmental agency for public purposes comes under the definition of an "involuntary conversion". In these cases, it is not necessary to pay income tax or capital gains tax if the money you receive is used to buy a similar property within a limited period of time. In every case, however, you should check with vour local Internal Revenue Service office and/or accountant.
WILL I LOSE THE FAVORABLE PROPERTY TAX BASIS THAT I
NOW HAVE UNDER THE PROVISIONS OF PROPOSITION 13?
Section 2(d) of Article XIII-A of the California Constitution and Section 68, Rule 462.5 of the 462.5 with an attached page showing examples of how to calculate estimates of the tax relief you may be eligible for. These are only approximations. You must see your county Tax Assessor for a final determination.
Note: Revenue and Taxation Code Section 68, Rule 462.5, G. 1 through G.4, set forth time limits that may affect your eligibility to retain your favorable current real property tax status.
THE AGENCY'S RIGHT OF EMINENT DOMAIN.
An owner's rights are guaranteed by the federal and State constitutions and applicable federal and State laws. The principal right is that "Just Compensation" must be paid. The vast majority of our transactions are settled by contract. However, if the owner and the Agency cannot agree on the terms of sale, the Agency may resort to the eminent domain process to avoid delaying the project, and will ultimately initiate condemnation proceedings. The Agency will request authority from the California Transportation Commission (Commission) to file a condemnation action in court. You will be given an opportunity to appear before the Commission to question whether public interest, necessity, planning and location require the proposed project and your property. The Commission does not hear arguments regarding valuation or just compensation.
Condemnation lawsuit documents are prepared by the Agency and filed with the court in the county where the property is located. The Summons and Complaint will then be served on all persons having a property interest in the parcel. The persons served must Answer the lawsuit within 30 days. Counsel for the parties will then prepare for trial, and the court will set dates for preliminary motions and the trial.
WHAT HAPPENS IN A CONDEMNATION TRIAL?
The purpose of the trial is to determine the amount of Just Compensation. Usually the trial is conducted before a judge and jury. Both the property owner and Agency will have the opportunity to present evidence of value. The jury will determine the amount of compensation after being instructed as to the law by the judge. In those cases where the parties choose not to have a jury, the judge will decide the amount of compensation. The Judgment is then prepared by counsel and signed by the judge. It will state that, upon payment of the amount of the verdict for the benefit of the property owner, title will be transferred to public ownership. When the Agency makes the payment as required by the Judgment, the Final Order of Condemnation is signed by the judge and recorded with the County Recorder's office. This finalizes the actual transfer of title.
WHO PAYS THE CONDEMNATION TRIAL COSTS?
The Agency pays the costs of its attorney and its engineering and appraisal witnesses. It will also pay the jury fees and your recoverable costs allowed by law. The fee for filing your Answer with the court is an example of such costs. If the judge determines that the Agency's offer of signed by the judge.
IF I WANT A TRIAL, MUST I HAVE AN ATTORNEY AND EXPERT
WITNESSES?
Most property owners will be represented by an attorney, although they have the right to represent themselves. You may wish to consult your family attorney. If you do not have one, in many commies the belova rages or to telephone dreader literal a aro eterence service. l
services in eminent domain proceedings. You and your attorney must decide what type of case you will present and what witnesses will be needed.
WILL I BE PAID ANY RELOCATION ASSISTANCE
BENEFITS EVEN THOUGH I GO TO COURT?
A decision to go to court has no effect on your right to relocation benefits. Payment of relocation benefits is administered separately from the condemnation action. You will be provided details of additional assistance to help displaced persons, businesses, farms or nonprofit organizations il inding, purchasing or renting, and moving to a new location. These are explained in various booklets prepared for homeowners, tenants, and business and farm operators and are made available by the Agency.
HOW LONG CAN I KEEP MY PROPERTY?
Continued use of your property usually depends on when construction must begin, including utility relocations, and the demolition and/or clearance of buildings. If construction must begin before the trial, the Agency will seek a court order for early possession of your property.
In this regard the Agency will be required to deposit with the State Treasurer, the probable amount of just compensation, as determined by an appraisal as security for the value of the property rights it is seeking. The court will determine if the amount of money deposited is adequate. Once the deposit is made the owner may withdraw all or a portion of it at any time during the condemnation proceedings. The court may then grant to the Agency an order for early possession allowing the Agency to use the property for construction of the project.
To obtain an Order for Possession, the Agency will file a motion with the court and schedule a hearing 90 days after you and all occupants of the property are served with the motion papers (60 days if the property is unoccupied). You and the occupants, if any, will have 30 days to oppose the motion. Once the court grants an Order for Possession of the property, the Agency may obtain possession of the property 30 days after the owner and any occupants are served with the Order. Subject to the rights of any other persons having an interest in the property, you may withdraw all or part of the pre-Judgement deposit. If you do not make a withdrawal, the Agency will pay interest on the eventual court award, or agreed settlement sum from the time it legally occupied your property until the date of final payment to you. Interest will accrue at the applicable statutory rate until paid at the time of final settlement.
The Agency's Right of Way Agent assigned to purchase your property will assist you in the transaction and will be available to answer any additional questions you may have.
DEFINITIONS
The language used in relation to eminent domain proceedings may be new to you. These are some terms you may hear and their general meaning.
Acquire - To purchase
Answer - The property owner's written reply, in appropriate legal form, filed with the court in response to the eminent domain complaint and as requested by the summons.
Compensation - The amount of money to which a property owner is entitled under the law for the purchase of their property and any related damages.
Complaint - The document filed with the court by the Agency which initiates an eminent domain proceeding.
Condemnation - The legal process by which a proceeding in eminent domain is accomplished.
Counsel - An attorney or attorneys.
Eminent Domain - The right of government to purchase private property for public use.
Fair Market value - The 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 gent necessity for so doing, nor obliged to sell, and a buyer, being ready, willing and able iv but under no particular necessity for so doing, each dealing with the other with fu knowledge of all the uses and purposes for which the property is reasonably adaptable and available.
Final Order of Condemnation - The instrument which, when recorded, transfers title to public ownership.
Judgment - The court's formal decision based on applicable law and the verdict.
Just Compensation - The measure of Just Compensation is Fair Market Value.
Loss of business goodwill - A loss in the value of a business caused by the Agency's acquisition of property that cannot be reasonably prevented by relocation of the business or the owner adopting prudent or reasonable steps that preserve the value of the business goodwill.
Parcel - Usually means the property that is being acquired.
Plaintiff - The public agency that desires to purchase the property.
Possession - Legal control; to have the right to use.
Property - The right or interest which an individual has in land, including the rights to use or possess. Property is ownership; the exclusive right to use, possess or dispose of a thing.
Right of Entry - An agreement between an owner and the Agency which allows the Agency to utilize the property while continuing to negotiate the terms of settlement.
Interest, calculated at the statutory rate, is included in the settlement upon conclusion of the transaction.
Summons - Notification of filing of a lawsuit in eminent domain and of the necessity to file answer or other responsive pleading.
Title - Legal ownership.
Trial - The hearing of the facts from a plaintiff and defendant in court of law, either with or without a jury.
Verdict - The amount of just compensation to be paid for a property including any damages to the remainder, if applicable.
DOKKEN ENGINEERING
DE Transportation Solutions from Concept to Construction Attachment
October 29, 2024 " D
Balwant Singh Sandhu
1623 Bella Terra Dr
Manteca, CA 95337
RE: Offer to Acquire Property Rights
Harlan Road Realignment at Roth Road - CIP PS 14-04 Project Site Address: 11616 S Harlan Rd, Lathrop, CA 95330
APN: 196-020-140
FORMAL ACQUISITION OFFER
Dear Property Owners:
As you are aware, the City of Lathrop (City) proposes to realign Harlan Road by shifting the intersection of Harlan Road and Roth Road. As such, the City is ready to move forward with acquiring the necessary real property to proceed with the Project. All needed rights of way were valued by a professional independent appraiser and fair market value was approved by the City.
An offer based on the fair market value for the acquisition of the right of way required for the project is being submitted at this time. The amount of Just Compensation offered herein as contained in the accompanying documents is SEVENTY-FOUR THOUSAND THREE HUNDRED DOLLARS AND ZERO CENTS ($74,300.00) for your property interests. • Value of the property proposed to be acquired:
2,683 + SF in Permanent Public Right of Way Easement $42,928.00 (2,683 SF @ $16.00/SF x 100% = $42,928.00)
1,399 + SF in Permanent Public Utility and Slope Easement $20,145.60 (1,399 SF @ $16.00/SF x 90% = $20,145.60)
1,398 + SF Temporary Construction Easement $11.184.00
(1,398 SF @ $16.00/SF x 10%/year x 5 years = $11,184.00) TOTAL (ROUNDED) $74,300.00
Please be advised that this offer is contingent upon terms of purchase and sale agreement.
All documents regarding this offer are included with this letter. They are:
1. Agreement for Purchase and Sale of Real Property
Please sign and return two (2) signed copies and retain (1) copy for your records.
DOKKEN ENGINEERING •110 Blue Ravine Road, Suite 200, Folsom, CA 95630 • Tele: 916.858.0642 • Fax: 916.858.0643 DE POKKEN Page 2 of 3
ENGINEERING
2. Grant of Public Right-of-Way Easement
Please sign and return one (I) notarized copy and retain one (1) copy for your records.
3. Grant of Public Utility and Slope Easement
Please sign and return one (I) notarized copy and retain one (1) copy for your records.
4. Temporary Construction Easement
Please sign and return one (1) notarized copy and retain one (I) copy for your records.
5. Preliminary Title Report
This is for your records.
6. Appraisal Report
This is for your records.
7. 8-ex-16 Summary Statement Relating to the Purchase of Real Property or an Interest Therein
This is for your records.
8. Informational Brochure and Title VI Pamphlet
This is for your records.
9. Property Owner Exhibit
This is for your records.
NOTICE TO THE PROPERTY OWNER:
Pursuant to Civil Code of Procedures Section 1263.025 should you elect to obtain an independent appraisal, the City will pay for the actual reasonable costs up to $5,000 for an appraisal subject to the following conditions:
a. You, not the City must order the appraisal. Should you enter into a contract with the selected appraiser; the City will not be a party to the contract.
You must enter into an Appraisal Reimbursement Agreement with the City prior to engaging an appraiser.
C. The selected appraiser must be licensed with the Office of Real Estate Appraisers (OREA.
Appraisal costs reimbursement requests must be in writing, and submitted to Dokken Engineering, 110 Blue Ravine Road Suite 200, Folsom, California 95630, within 90 days of the earliest of the following dates: (1) the date the selected appraiser requests payment from you for the appraisal: or (2) the date in which you, or someone on your behalf, remitted full payment to the selected appraiser for the appraisal. Copies of the contract (if a contract was made), appraisal report, and invoice for the completed work by the appraiser must be provided to the City concurrent with submission of the appraisal cost reimbursement request. The costs must be reasonable and justifiable.
DOKKEN ENGINEERING •110 Blue Ravine Road, Suite 200, Folsom, CA 95630 • Tele: 916.858.0642 • Fax: 916.858.0643 DEPOKKEN Page 3 of 3
ENGINEERING
Thank you for your kind and careful consideration of this matter. If you have any questions regarding this matter, please feel free to call me at (916) 542-8624.
Sincerely,
Jason Andrews, SR/WA
Senior Right of Way Agent
DRE# 1722818
Dokken Engineering
DOKKEN ENGINEERING • 110 Blue Ravine Road, Suite 200, Folsom, CA 95630 • Tele: 916.858.0642 • Fax: 916.858.0643
AGREEMENT FOR PURCHASE AND SALE OF PUBLIC RIGHT OF WAY
BETWEEN THE CITY OF LATHROP AND
BALWANT SINGH SANDHU, AN UNMARRIED MAN, LANDOWNER OF
APN 196-020-140
This Agreement for Purchase and Sale of Public Right of Way ("Agreement") is dated and LatTeR in a municipal corporation (the Buyer") in The CounTaquin. State of California and BALWANT SINGH SANDHU, AN UNMARRIED MAN, (the "Seller"). The Buyer and Seller are at times referred to herein individually as "Party" and collectively as
RECITALS
Seller is the owner of certain real property located at 11616 S Harlan Rd (APN 196-020-140), Lathrop, California, as described in Exhibit "A," attached hereto and incorporated herein by this reference (hereinafter "the Property").
Buyer intends to construct a public project, the Harlan Road Realignment at Roth Road - CIP PS 14-04 Project (the "Project"), and desires to purchase from APN 196-020-140 a 2,683 square foot Public Right of Way Easement, a 1,399 square foot Permanent Public Utility and Slope Easement, and a 1,398 square foot Temporary Construction Easement, along portion of Seller's Property (hereinafter "Public Right of Way") in order to accomplish said Project.
This agreement memorializes the terms on which Seller desires to sell and Buyer desires to buy Public Right of Way.
The Parties to this contract shall, pursuant to Section 21.7(a) of Title 49, Code of Federal Regulations, comply with all elements of Title VI of the Civil Rights Act of 1964. This requirement under Title VI and the Code of Federal Regulations is to complete the USDOT-Non- Discrimination Assurance requiring compliance with Title VI of the Civil Rights Act of 1964, 49 C.F.R Section 50.3.
No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity that is the subject of this contract.
NOW THEREFORE, in consideration of the foregoing promises, operative provisions and the Recitals, which are incorporated herein by this reference, and for other valuable consideration, the receipt of which is hereby acknowledged, Buyer and Seller agree to the following:
Seller agrees to convey to Buyer and Buyer agrees to purchase from Seller a Public Right of Way over the Property upon the terms and conditions herein set forth.
2. The total purchase price that Buyer will pay Seller for the Public Right of Way over the Property shall be the sum of SEVENTY-FOUR THOUSAND THREE HUNDRED DOLLARS AND ZERO CENTS ($74,300.00) (the "Purchase Price").
3. Except as otherwise expressly provided herein, all costs of escrow, title insurance and documentary transfer taxes, if any, shall be paid by Buyer.
Buyer warrants to Seller that Buyer has not hired or used any real estate broker in this transaction for which Seller shall be charged a fee or commission. Seller shall be responsible at Seller's sole expense for real estate brokerage fees or commissions, if Seller elects to use or hire such services with respect to acquisition of the Public Right of Way over the Property. Buyer shall not be liable for any such fees or claims and Seller shall indemnify Buyer its officers, employees and agents, from any and all costs, liabilities or judgments, including attorneys' fees, incurred in defending or paying any such claims.
5. The net proceeds of the sale shall be delivered to Seller upon recording of the Grant of Public Right-of-Way Easement, Grant of Public Utility and Slope Easement, and Temporary Construction Easement.
6. The Purchase Price for the Public Right of Way over the Property being acquired in this transaction is the negotiated price for the Public Right of Way over the Property without the presence of contamination.
License to Enter. Seller hereby grants to Buyer and Buyer's authorized agents, contractors, consultants, assigns, attorneys, accountants and other representatives an irrevocable license to enter upon the Property for the purpose of making inspections and other examinations of the Property, including, but not limited to, the right to perform soil and geological tests of the Property, including but not limited to Phase I and/or Phase II investigations and testing, and an environmental site assessment thereof. Buyer shall give Seller reasonable notice before going on the Property. Buyer does hereby indemnify and forever save Seller, Seller's heirs, successors and assigns, and the Property, free and harmless from and against any and all liability, loss, damages and costs and expenses, demands, causes of action, claims or judgments, whether or not arising from or occurring out of any damage to the Property as a result of any accident or other occurrence at the Property which is in any way connected with Buyer's inspections or non-permanent improvements involving entrance onto the Property pursuant to this Section. If Buyer fails to acquire the Public Right of Way over the Property due to Buyer's default, this license shall terminate upon the termination of Buyer's right to purchase Public Right of Way over the Property. In such event, Buyer shall remove or cause to be removed all Buyer's personal property, facilities, tools and equipment from the Property.
8. It is agreed and confirmed by the Parties hereto that notwithstanding other provisions in this contract, the right of possession and use of the subject property by the Buyer, including the right to remove and dispose of improvements, shall commence on the date the amount of funds as specified in Paragraph 2 herein are deposited into the escrow controlling this transaction. The amount shown in Paragraph 2 herein includes, but is not limited to, full payment for such possession and use, including damages, if any, from said date.
9. Regarding any temporary construction easement granted, Buyer shall provide at least 48 hours advanced written notice prior to first entry onto the temporary construction easement areas. The acquisition price of the subject property set forth in section 2 of this Agreement includes full payment for use of the temporary construction easement areas.
This temporary construction easement shall begin January 1, 2025 and terminate December 31, 2029. Buyer agrees to promptly restore any damage to the temporary construction easement area and/or the parcels upon which the temporary construction easement areas are situated (and the improvements located thereon) caused by Buyer's entry upon the temporary construction easement area or work performed in connection with the project. In the event Sellers) sells, conveys or assigns any property interest, encumbered by the Agreement prior to Buyer exercising the rights granted herein, Seller(s) shall notify the successor or assignee of the rights and obligations of both parties as included herein.
10. Full Payment of All Obligations of City.
(a) It is understood and agreed between Seller and Buyer that the payment of the total Purchase Price made to Seller as set forth in this Agreement represents an all- inclusive settlement and is full and complete payment of just compensation for Buyer's acquisition of the fee and easement interests pertaining to the Property, and specifically includes, but is not limited to, just compensation for the Property, claims for severance and other damages, attorney's fees, interest, expenses of litigation, expert's fees, precondemnation damages, inverse condemnation, if any. and loss of business goodwill under the Eminent Domain Law, Code of Civil Procedure Section 1263.510, and all costs and expenses whatever in connection therewith, and satisfies any and all other payments, if any, that may be required by law to be paid to Seller arising out of the acquisition of the Property or to persons occupying the Property.
(b) The Parties acknowledge that Buyer's acquisition of the Public Right of Way over the Property will not result in the displacement of any person. Accordingly, it is further understood and agreed by Seller that Buyer will have no further obligation to Seller under any federal or state relocation laws or regulations, including without limitation, the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.), if applicable, or under Title 1, Division 7, Chapter 1 of the Government Code of the State of California (Section 7260 et seq.), or the Relocation Assistance and Real Property Acquisition Guidelines (Chapter 6 of Title 25 of the California Code of Regulations). (c) This Agreement is a voluntary agreement and Seller, on behalf of itself and its heirs, successors, assigns, and hereby fully releases Buyer, its officials, counsel, employees, and agents, from all claims and causes of action by reason of any damage which has been sustained, or may be sustained, as a result of Buyer's efforts to acquire the Public Right of Way over the Property or any preliminary steps thereto. Seller further releases and agrees to hold Buyer harmless from any and all claims and causes of action by reason of any leasehold interest in the Property.
(d) Seller acknowledges that it may have sustained damage, loss, costs or expenses which are presently unknown and unsuspected, and such damage, loss, costs or expense which may have been sustained, may give rise to additional damages, loss, costs or expenses in the future. Nevertheless, Seller hereby acknowledges that this Agreement has been negotiated and agreed upon in light of that situation, and hereby expressly waives any and all rights which Seller may have under California Civil Code Section 1542, or under any statute or common law or equitable principle of similar effect. California Civil Code Section 1542 provides as "A general release does not extend to claims which the Creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
Seller's Initials Buyer's Initials
11. Seller shall, upon request by Buyer, execute, acknowledge and deliver such documents or take such action as may be necessary or convenient to carry out the spirit and intent of this Agreement. This Agreement may be executed in counterparts, each of which so executed will, irrespective of the date of its execution and delivery, be deemed an original, and all such counterparts together will constitute one and the same instrument.
12. Time is of the essence of this Agreement.
13. Seller represents, warrants and covenants to Buyer as of the date of this Agreement and as of the Close of Escrow as follows:
a. No Condemnation. To the best of Seller's knowledge, there are no pending or threatened condemnations or similar proceedings by any third party affecting the Property. or any portion thereof, nor does Seller have any knowledge that any such action is contemplated.
No Proceedings. To the best of Seller's knowledge, there are no legal actions, suits, or other legal or administrative proceedings, pending or threatened against or affecting the Property. Seller has not received and are not aware of any notice from any entity with respect to any current or future proceeding against, or basis for any future proceeding against, or affecting the Property, or concerning any existing or potential, past, present or future hazardous materials at the Property.
C. No Violation of Laws. Seller represents and warrants that, to the best of Seller's knowledge, as of the date of this Agreement and as of the Close of Escrow, the Property is not in violation of any law, ordinance or regulation of any governmental authority relating to the environmental conditions on, under or about the Property, including, but not limited to, soil and groundwater conditions.
Clear Title. Seller warrants that it is the owner of the Property and has marketable and insurable fee simple title to the Property free of restrictions, leases, liens and other encumbrances. During the term of this Agreement, Seller shall not convey or accept any offer to convey the Property or any portion of the Property nor shall Seller encumber or permit encumbrance of the Property in any way nor grant any property, contract or occupancy right relating to the Property or any portion thereof without the prior written consent of Buyer, which may be withheld in Buyer's sole and absolute discretion.
Contracts. Seller hereby covenants, represents, and warrants that at the Close of Escrow, there will be no contracts, licenses, commitments, or undertakings concerning maintenance, operation, or repair of the Property or equipment on the Property, or the performance of services on the Property, including payment for such services performed prior to Close of Escrow, or the use of the Property or any part of it, by which Buyer would become obligated or liable to any person. If any person or entity makes a lawful claim for payment for services performed prior to Close of Escrow (other than services provided to Buyer), Seller will be obligated to pay or cause to be paid such claim prior to Close of Escrow, subject to Seller's right to contest the validity of such claim. If any such claim for services performed prior to Close of Escrow (other than services provided to Buyer) is made after the Close of Escrow, Seller shall indemnify, defend, and hold Buyer harmless from any and all claims, demand, or liability. This duty of defense and indemnification shall survive the Close of Escrow.
No Default. Seller hereby covenants, represents, and warrants that, to the best of Seller's knowledge and belief, Seller has received no notice of any default under any contract, transaction, agreement, encumbrance, or instrument pertaining to the Property, which has remained uncured as of the date of this Agreement. The obligation to notify Buyer of notices of default shall extend to the Close of Escrow.
Indemnification. Seller agrees to indemnify, defend, and hold Buyer harmless for breach of the warranties set forth above in subsections (a) through (f) of this paragraph 13.
14. If suit should be brought for any sum due or the enforcement or declaration of any right or obligation hereunder, by either Party, the prevailing Party shall be entitled to all costs incurred in connection with such action, including reasonable attorney's fees.
15. Any notice which either Party may or is required to give shall be in writing and given by personal delivery or mailing same by certified mail, return receipt requested, postage prepaid, to the other Party at the address shown below or at such other place as may be designated by the Parties from time to time, and any notice so mailed shall be deemed Buyer's address: City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
Attn: City Manager
Seller's address: Balwant Singh Sandhu
1623 Bella Terra Dr
Manteca, CA 95337
16. This Agreement is subject to final approval of the City Council of the City of Lathrop.
17. This Agreement shall bind and inure to the benefit of the Parties and their respective successors, heirs, executors, administrators, and assigns.
18. This Agreement shall be construed and interpreted under, and governed and enforced according to the laws of the State of California.
19. This Agreement supersedes any prior agreement, oral or written, and contains the entire agreement between Buyer and Seller on the subject matter hereof. No subsequent employee, officer, agent or representative of either Party, shall be of any effect unless it is in writing and executed by the Party to be bound thereby. No person is authorized to make, and by execution hereof Seller and Buyer acknowledge that no person has made any representation, warranty, guaranty or promise except as set forth herein; and any agreement, statement, representation or promise made by any such person that is not
20. The undersigned represent and warrant they are duly authorized to execute this Agreement and to bind the Parties.
"SELLER"
BALWANT SINGH SANDHU, AN UNMARRIED MAN
By:
BALWANT SINGH SANDHU
"BUYER"
CITY OF LATHROP, a municipal corporation in the
County of San Joaquin, State of California
By:
STEPHEN J. SALVATORE, CITY MANAGER
APPROVED AS TO FORM BY CITY OF LATHROP
CITY ATTORNEY:
By:
SALVADOR NAVARRETE, CITY ATTORNEY
EXHIBIT "A"
LEGAL DESCRIPTION OF THE PROPERTY
Real property in the City of Lathrop, County of San Joaquin, State of California, described as follows:
A PORTION OF LOT TWO [2] OF SECTION 14, TOWNSHIP 1 SOUTH, RANGE 6 EAST,
MOUNT DIABLO BASE AND MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO-WIT:
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 14; THENCE EAST ALONG THE NORTH LINE OF SAID SECTION 14, 3110.24 FEET TO THE EASTERLY LINE OF THE MOSSDALE ROAD, NOW STATE HIGHWAY; THENCE SOUTH 11° 51' WEST 40.87 FEET TO A POINT IN THE SOUTH LINE OF THE J. X. ROAD; THENCE ALONG THE EASTERLY LINE OF MOSSDALE ROAD SOUTH 11° 51' WEST 1044.5 FEET TO THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED TRACT:
THENCE ALONG THE EASTERLY LINE OF SAID MOSSDALE ROAD, SOUTH 11° 51' WEST 136.4 FEET; THENCE EAST 1158.5 FEET TO A POINT IN THE EAST LINE OF SAID LOT 2; THENCE ALONG THE EAST LINE OF SAID LOT 2, NORTH 1° 56' WEST 133.5 FEET; THENCE WEST 1126.0 FEET TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM THAT PORTION THEREOF CONVEYED TO THE STATE OF CALIFORNIA BY GRANT DEED RECORDED DECEMBER 22, 1967, BOOK 3175, PAGE 56, OFFICIAL RECORDS.
APN: 196-020-140-000
RECORDING REQUESTED BY, AND
WHEN RECORDED MAIL TO:
CITY OF LATHROP
ATTN: CITY CLERK
390 TOWNE CENTRE DRIVE
LATHROP, CA 95330
Exempt from payment of recording fees (GC 27383)
Documentary Transfer Tax (r&1 code 11922)
SPACE ABOVE THIS LINE FOR RECORDER'S USE
FILER/W NO DOCUMENTARY STAMPS NEEDED
APN 196-020-140 (a portion of)
GRANT OF PUBLIC RIGHT OF WAY EASEMENT
For a valuable consideration, receipt of which is hereby acknowledged, BALWANT SINGH SANDHU, AN UNMARRIED MAN, GRANTOR, hereby grants to the City of Lathrop, a public use, in, on, under, over and across the real property in the City of Lathrop, San Joaquin County, California, described as follows:
Grant of Public Right of Way Easement as legally described on Exhibit "A" and depicted as shaded area labeled "Grant of Public ROW Easement 2,683 ‡" on Exhibit "B", both exhibits attached hereto and made a part hereof.
IN WITNESS WHEREOF, the undersigned state that they are the persons whose signature is required to convey the interest stated within this instrument and has/have caused this instrument to be executed this day of , 20_
GRANTOR: BALWANT SINGH SANDHU, AN UNMARRIED MAN
By:
BAL WANT SINGH SANDHU
ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of
County of
On before me,.
Date Name, Title of Officer
personally appeared
NAME(S) OF SIGNER(S)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacityies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State identified herein, that the foregoing paragraph is true and correct.
Witness my hand and official seal.
Signature of Notary
EXHIBIT "A"
APN: 196-020-14
LEGAL DESCRIPTION
All that real property situated in the City of Lathrop, County of San Joaquin, State of California, being a portion of Lot 2 in the Northeast Quarter of Section 14, Township 1 South, Range 6, East, Mount Diablo Base and Meridian, as described in the Grant Deed to Balwant Singh recorded in Document No. 2000-22737, Official Records of the County of San Joaquin, more particularly described as follows:
Grant of Public Right of Way Easement
Beginning at the Southwest corner of said Balwant Singh Grant Deed, being the intersection of the South line of said Grant Deed and the Easterly Right of way for Harlan Road; thence leaving said Point of Beginning along said Easterly Right of Way along a non-tangent curve to the right, having a radius of 1370.00 feet and a radial bearing of North 68°43'50" West, through a central angle of 06°07'26" an arc length of 146.43 feet to the Northerly line of said Grant Deed; thence along said Northerly line South 89°29'24" East, 9.45 feet; thence leaving said line South 17°26'35° West, 139.88 feet to the Southerly line of said Grant Deed; thence along said Southerly line North 89°39'17" West,
27.82 feet to the Point of Beginning, containing 2683 square feet more or less.
Public Utility and Slope Easement
A strip of land 10 feet in width parallel with and coincident with the above described Right of Way the Westerly line thereof described as follows:
Commencing at a the Southwest corner of said Balwant Singh Grant Deed, being the intersection of the South line of said Grant Deed and the Easterly Right of way for Harlan Road; thence leaving said Point of Commencement along the Southerly line of said Grant Deed South 89°39'17" East, 27.82 feet to the True Point of Beginning; thence leaving said boundary line North 17°26'35" West, 139.88 feet to the North line of said Grant Deed and the Point of Termination, containing 1399 square feet more or less.
Temporary Construction Easement
A strip of land 10 feet in width parallel with and coincident with the above described Public Utility Easement the Westerly line thereof described a follows:
Sheet lof 3
EXHIBIT "A"
APN: 196-020-14
LEGAL DESCRIPTION
Commencing at a the Southwest corner of said Balwant Singh Grant Deed, being the intersection of the South line of said Grant Deed and the Easterly Right of way for Harlan Road; thence leaving said Point of Commencement along the Southerly line of said Grant Deed South 89°39'17" East, 38.28 feet to the True Point of Beginning; thence leaving said boundary line North 17°26'35" West, 139.85 feet to the North line of said Grant Deed and the Point of Termination, containing 1398 square feet more or less.
See Exhibit "B" attached hereto and made a part of this description.
End of description
The Basis of Bearings is identical to the City of Lathrop control network established from found monuments.
The sidelines of described strips of land are to be shortened or elongated as to begin and end on the boundary lines of said property.
This description has been prepared by me or under my direct supervision in conformance with the Professional Land Surveyors' Act.
Ryan L. Ming P.L.S. 8409 Date
TONA
RYAN MANG
PRO
No. 8409
CALIFORNIA
Sheet 2of 3
/
LATHROP SANDS
COMMUNITY LIC
11550 S HARLEN RD
DOC#2018-001228
APN:196-020-13
1" =30' S89'29'24" E
9.45°
10° PUE & SE
1399 SQFT I
CH=2419 53E N17°26' 35"E
146.36' 139.85'
4=006°07'26"
R=1370.00
L=146.43 SANDHI
11616 S HARLEN RI
DOC#2000-22737
APN: 196-020-14
HARLAN RD 10 'TCE
1398 SQFT +
10° 51702635"
139.88'
N68'43'50 W(R) 10
POB -
ROW
POC PUE, SE • TPOB TORRES
& TCE 10' TCE 11672 S HARLEN RD
N89:3973 TPOB DOC#2019-085271
27.82' TłO' PUE & SE S89°39'17" E 10.46' APN: 196-020-16 LECEND (38.28' TOTAL)
GRANT OF PUBLIC ROW EASEMENT#1 2683 SQFT ‡
APN. • ASSESSORS PARCEL NUMBER
BK..
PUE..... PUBLIC UTILITY EASEMENT
(R) .. RADIAL BEARINC RYANG
ROW. RIGHT OF WAY
POB. POINT OF BEGINNING No. 8409
TPOB. ..TRUE POINT OF BINNING
POC.... • POINT OF COMMENCEMENT
TCE. ..TEMPORARY CONSTRUCTION EASEMENT
SE. SLOPE EASEMENT
EXHIBIT B * UNICO
APN: 196-020-14 11616 S HARLAN RD
INEERING
PORTION OF THE NE 1 SECTION 14, T1S,R6E, MDM 110 BLUE RAVINE RD SUITE 101 | FOLSOM, CA 85630 SHEET 3 oF 3 CITY OF LATHROP, COUNTY OF SAN JOAQUIN, STATE OF CALIFORNIA PHONE: 916.900.6623 | unicoengineering.com
RECORDING REQUESTED BY, AND
WHEN RECORDED MAIL TO:
CITY OF LATHROP
ATTN: CITY CLERK
390 TOWNE CENTRE DRIVE
LATHROP, CA 95330
Documentary rame Tax ordinate 1(C 27383)
SPACE ABOVE THIS LINE FOR RECORDER'S USE
FILE PU&SE NO DOCUMENTARY STAMPS NEEDED
APN 196-020-140 (a portion of)
PUBLIC UTILITY AND SLOPE EASEMENT
For a valuable consideration, receipt of which is hereby acknowledged, BALWANT SINGH SANDHU, AN UNMARRIED MAN, GRANTOR, hereby grants to the City of Lathrop, a California municipal corporation, GRANTEE, a perpetual utility easement for the use and benefit of Grantee, to construct, operate, reconstruct, install, replace, remove, repair, alter, maintain, inspect, and use public utility facilities and all related appurtenances, and for ingress and egress in connection with the exercise of any of the foregoing rights; and a slope easement for the use and benefit of Grantee to establish, construct, grade, modify, and maintain an earthen slope, together with right to install necessary appearances, including erosion control measures, thereon, along, under, over, through and across that real property situated in the City of Lathrop, County of San Bernardino, State of California, described as follows:
Public Utility and Slope Easement as legally described on Exhibit "A and depicted as shaded area labeled "PUE & SE 1,399 t" on Exhibit "B". ", both exhibits attached hereto and made a part hereof.
Furthermore, the Grantor agrees that within said Easement, no permanent structure shall be placed nor trees shall be planted that would interfere with Grantee's ability to exercise the rights conveyed herein. The Easement granted herein shall also include the right for access through and for use of such area adjacent to the Easement as may be reasonably necessary for the performance of work within the Easement during any and all construction periods or other periods when persons, equipment, vehicles, supplies, and working activities are necessary.
IN WITNESS WHEREOF, the undersigned state that they are the persons whose signature is required to convey the interest stated within this instrument and has/have caused this instrument to be executed this _day of
GRANTOR: BALWANT SINGH SANDHU, AN UNMARRIED MAN
By: _
BALWANT SINGH SANDHU
ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of
County of
On _ before me, _
Date Name, Title of Officer
personally appeared
NAME(S) OF SIGNER(S)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the sam n his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrumen the person(s), or the entity upon behalf of which the person (s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State identified herein, that the foregoing paragraph is true and correct.
Witness my hand and official seal.
Signature of Notary
EXHIBIT "A"
APN: 196-020-14
LEGAL DESCRIPTION
All that real property situated in the City of Lathrop, County of San Joaquin, State of of San Joaquin, more particularly described as follows:
Grant of Public Right of Way Easement
Beginning at the Southwest corner of said Balwant Singh Grant Deed, being the intersection of the South line of said Grant Deed and the Easterly Right of way for Harlan Road; thence leaving said Point of Beginning along said Easterly Right of Way along a non-tangent curve to the right, having a radius of 1370.00 feet and a radial bearing of North 68°43'50" West, through a central angle of 06°07'26" an arc length of 146.43 feet to the Northerly line of said Grant Deed; thence along said Northerly line South 89°29'24" East, 9.45 feet; thence leaving said line South 17°26'35" West, 139.88 feet to the Southerly line of said Grant Deed; thence along said Southerly line North 89°39'17" West,
27.82 feet to the Point of Beginning, containing 2683 square feet more or less.
Public Utility and Slope Easement
A strip of land 10 feet in width parallel with and coincident with the above described Right of Way the Westerly line thereof described as follows:
Commencing at a the Southwest corner of said Balwant Singh Grant Deed, being the intersection of the South line of said Grant Deed and the Easterly Right of way for Harlan Road; thence leaving said Point of Commencement along the Southerly line of said Grant Deed South 89°39'17" East, 27.82 feet to the True Point of Beginning; thence leaving said boundary line North 17°26'35" West, 139.88 feet to the North line of said Grant Deed and the Point of Termination, containing 1399 square feet more or less.
Temporary Construction Easement
A strip of land 10 feet in width parallel with and coincident with the above described Public Utility Easement the Westerly line thereof described a follows:
Sheet lof 3
EXHIBIT "A"
APN: 196-020-14
LEGAL DESCRIPTION
Commencing at a the Southwest corner of said Balwant Singh Grant Deed, being the intersection of the South line of said Grant Deed and the Easterly Right of way for Harlan Road; thence leaving said Point of Commencement along the Southerly line of said Gran Deed South 89°39'17" East, 38.28 feet to the True Point of Beginning; thence leaving said boundary line North 17°26'35° West, 139.85 feet to the North line of said Grant Deed and the Point of Termination, containing 1398 square feet more or less.
See Exhibit "B" attached hereto and made a part of this description.
End of description
The Basis of Bearings is identical to the City of Lathrop control network established from found monuments.
The sidelines of described strips of land are to be shortened or elongated as to begin and end on the boundary lines of said property.
This description has been prepared by me or under my direct supervision in conformance with the Professional Land Surveyors' Act.
Ryan L. Ming P.L.S. 8409 Date
AND
PROFESSIONT
YAN L
MING
No. B409
CALTFORNIA
Sheet 2of 3
LATHROP SANDS
COMMUNITY LLC
11550 S HARLEN RD
DOC#2018-001228
APN:196-020-13
1" = 30' S89°29' 24"E
9.45°
10' PUE & SE
1399 SQFT I
CH=N24°19 '53" E N17°26 '35"E
146.36" 139.85'
A=006°07 26"
R=1370.00
L=146.43 SANDHU
11616 S HARLEN RD
DOC#2000-22737
APN:196-020-14
HARLAN RD 10 'ICE
1398 SQFT ‡
10' _5172 26'35"₩
·10° 139.88'
_N68 43'50 M (R)
POB-
ROW
POC PUE, SE - TPOB TORRE
& TCE 10' TCE 1672 S HARLEN R
N89397 TPOB• S89ª39 '17" E 10.46" DOC#2019-085271
27.82' TO' PUE & SE APN:196-020-16
LEGEND (38.28" TOTAL)
•CRANT OF PUBLIC ROW EASEMENT#1 2683 SQFT ‡
APN. DIMENSION POINT
• ASSESSORS PARCEL NUMBER
BK. TONAL LANR
PUE... .PUBLIC UTILITY EASEMENT
(R).... ...RADIAL BEARING RYAN N
ROW.. ...RIGHT OF WAY
.POINT OF BEGINNING No. B409
TPOB....TRUE POINT OF BINNING
POC... POINT OF COMMENCEMEN CALIFTRIA
TCE. TEMPORARY CONSTRUCTION ASEMEN
SE. SLOPE ASEMENT
EXHIBIT B " UNICO
APN: 196-020-14 11616 S HARLAN RD
ENGINEERING
PORTION OF THE NE ¿ SECTION 14, T1S,R6E, MDI 110 BLUE RAVINE RD SUITE 101 | FOLSOM, CA 95630 HEET 3 OF 3 | CITY OF LATHROP, COUNTY OF SAN JOAQUIN, STATE OF CALIFORNL PHONE: 916.900.6623 | unicoengineering.com
RECORDING REQUESTED BY, AND
WHEN RECORDED MAIL TO:
CITY OF LATHROP
ATTN: CITY CLERK
390 TOWNE CENTRE DRIVE
LATHROP, CA 95330
Documentamy Trame a cording te (C 27383)
SPACE ABOVE THIS LINE FOR RECORDER'S USE
FILE TCE NO DOCUMENTARY STAMPS NEEDED
APN 196-020-140 (a portion of)
TEMPORARY CONSTRUCTION EASEMENT
For a valuable consideration, receipt of which is hereby acknowledged, BALWANT SINGH SANDHU, AN UNMARRIED MAN, GRANTOR, hereby grants to the City of Lathrop, a California municipal corporation, GRANTEE, a Temporary Construction Easement for the purposes of facilitating construction of adjacent public street improvements and related purposes, in, on, over, under, through, along, and across that certain parcel of land located in the County of San Joaquin, State of California described as follows:
Temporary Construction Easement as legally described on Exhibit "A" and depicted as shaded area labeled TCE 1,398 t" on Exhibit "B", both exhibits attached hereto and made a part hereof.
This Temporary Construction Easement shall commence after City acceptance of this Temporary Construction Easement Deed, as evidenced by the City's execution of the Certificate of Acceptance and Consent to Recordation attached hereto, and when escrow closes. If the deed is to be recorded by the City, commencement shall be the date in which the check is mailed from the City to the Grantor. This Temporary Construction Easement shall automatically terminate upon completion of City's construction or five (5) years after the commencement, whichever occurs first. In any event, this Temporary Construction Easement shall commence on January 1, 2025 and terminate on or before December 31, 2029. Upon termination, the Temporary Construction Easement area will be generally restored by City to a comparable or better condition as that which existed prior to City's access and use.
IN WITNESS WHEREOF, the undersigned state that they are the persons whose signature is required to convey the interest stated within this instrument and has/have caused this instrument to be executed this. day of_ _20_
GRANTOR: BALWANT SINGH SANDHU, AN UNMARRIED MAN
By:
BALWANT SINGH SANDHU
ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness accuracy, or validity of that document
State of
County of
On. before me,_
Date Name, Title of Officer
personally appeared
NAME(S) OF SIGNER(S)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name (s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State identified herein, that the foregoing paragraph is true and correct.
Witness my hand and official seal.
Signature of Notary
EXHIBIT "A"
APN: 196-020-14
LEGAL DESCRIPTION
All that real property situated in the City of Lathrop, County of San Joaquin, State of California, being a portion of Lot 2 in the Northeast Quarter of Section 14, Township 1 South, Range 6, East, Mount Diablo Base and Meridian, as described in the Grant Deed to Balwant Singh recorded in Document No. 2000-22737, Official Records of the County of San Joaquin, more particularly described as follows:
Grant of Public Right of Way Easement
Beginning at the Southwest corner of said Balwant Singh Grant Deed, being the to the Northerly line of said Grant Deed; thence along said Northerly line South 89-29'24° East, 9.45 feet; thence leaving said line South 17°26'35° West, 139.88 feet to the Southerly line of said Grant Deed; thence along said Southerly line North 89°39'17" West,
27.82 feet to the Point of Beginning, containing 2683 square feet more or less.
Public Utility and Slope Easement
A strip of land 10 feet in width parallel with and coincident with the above described Right of Way the Westerly line thereof described as follows:
Commencing at a the Southwest corner of said Balwant Singh Grant Deed, being the intersection of the South line of said Grant Deed and the Easterly Right of way for Harlan Road; thence leaving said Point of Commencement along the Southerly line of said Grant Deed South 89°39'17" East, 27.82 feet to the True Point of Beginning; thence leaving said boundary line North 17°26'35" West, 139.88 feet to the North line of said Grant Deed and the Point of Termination, containing 1399 square feet more or less.
Temporary Construction Easement
A strip of land 10 feet in width parallel with and coincident with the above described Public Utility Easement the Westerly line thereof described a follows:
Sheet lof 3
EXHIBIT "A"
APN: 196-020-14
LEGAL DESCRIPTION
Commencing at a the Southwest corner of said Balwant Singh Grant Deed, being the intersection of the South line of said Grant Deed and the Easterly Right of way for Harlan Road; thence leaving said Point of Commencement along the Southerly line of said Grant Deed South 89°39'17" East, 38.28 feet to the True Point of Beginning; thence leaving said boundary line North 17°26'35" West, 139.85 feet to the North line of said Grant Deed and the Point of Termination, containing 1398 square feet more or less.
See Exhibit "B" attached hereto and made a part of this description.
End of description
The Basis of Bearings is identical to the City of Lathrop control network established from found monuments.
The sidelines of described strips of land are to be shortened or elongated as to begin and end on the boundary lines of said property.
This description has been prepared by me or under my direct supervision in conformance with the Professional Land Surveyors' Act.
Ryan L. Ming P.L.S. 8409 Date
LAND
ROFESSIONAT
RYAN_L.
MING
No. B409
CALIFORNIR
Sheet 2of 3
LATHROP SANDS
COMMUNITY LLC
11550 S HARLEN RD
DOC#2018-001228
APN:196-020-13
1" = 30' $89'29 ' 24"E
9.45°
10' PUE & SE
1399 SQFT ‡
CH2419'53"E N17°26 '35"E
146.36' 139.85'
4=006°07'26"
R=1370.00
L=146.43 SANDHI
11616 S HARLEN RI
DOC#2000-22737
APN:196-020-14
HARLAN RD ~ 10'TCE
1398 SQFT I
1100 _ 517 26'35"₩
139.88'
- 6813'50" (R) 10
POB -
ROW
POC PUE, SE •TPOB TORRES
& TCE 10° TCE 11672 S HARLEN RD
N8993917 TPOB S89'39'17" E 10.46' DOC#2019-085271
LEGEND 27.92' T10' PUE & SE APN: 196-020-16
(38.28" TOTAL)
•CRANT OF PUBLIC ROW EASEMENT#I 2683 SQFT ‡
APN. ..DIMENSION POINT
•ASSESSORS PARCEL NUMBER
BK. TAKE LAND
PUE... PUBLIC UTILITY EASEMENT
(R).... ...RADIAL BEARING
ROW.. ....RIGHT OF WAY
POB....POINT OF BEGINNING No. 8409
TPOB....TRUE POINT OF BINNING
POC.... ..POINT OF COMMENCEMENT
TCE TEMPORARY CONSTRUCTION EASEMENT
SE.. SLOPE EASEMENT
EXHIBIT B "UNICO
APN: 196-020-14 11616 S HARLAN RD
ENGINEERING
PORTION OF THE NE 1 SECTION 14, T1S,R6E, MDA
SHEET 3 OF 3 | CITY OF LATHROP, COUNTY OF SAN JOAQUIN, STATE OF CALIFORN 110 BLUE RAVINE RD SUITE 101 | FOLSOM, CA 95630 PHONE: 916.900.6623 | unicoengineering.com
CLTA Preliminary Report Form Order Number: 5405-6134807 (Rev. 11/06) Page Number: 1
First American Title
First American Title Company
211 East Caldwell Avenue
Visalia, CA 93277
Order Number: 5405-6134807 )
Escrow Officer: Ann Kay
Phone: (559)306-3387
Fax No.: (866)590-2169
E-Mail: [email protected]
E-Mail Loan Documents to: [email protected]
Buyer: Dokken Engineering
Owner: Balwant Singh Sandhu
Property: 11616 South Harlan Road
Lathrop, CA 95330
PRELIMINARY REPORT
The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set forth ir xhibit A attached. The policy to be issued may contain an arbitration dause. When the Amount of Insurance is less than that set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Limitations on Covered Risks applicable to the CLTA and ALTA Homeowner's Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Exhibit A. Copies of the policy forms should be read. They are available from the office which issued this report.
Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit A of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered.
It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land.
This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested.
First American Title
rder Number: 5405-613480
age Number:
Dated as of January 14, 2020 at 7:30 A.M.
The form of Policy of title insurance contemplated by this report is:
To Be Determined
A specific request should be made if another form or additional coverage is desired.
Title to said estate or interest at the date hereof is vested in:
BALWANT SINGH SANDHU, AN UNMARRIED MAN
The estate or interest in the land hereinafter described or referred to covered by this Report is:
FEE
The Land referred to herein is described as follows:
(See attached Legal Description)
At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said policy form would be as follows:
1. General and special taxes and assessments for the fiscal year 2020-2021, a lien not yet due or payable.
General and special taxes and assessments for the fiscal year 2019-2020.
First Installment: $2,004.02, PAID
Penalty:
Second Installment: $2,004.02, OPEN
Penalty: $0.00
Tax Rate Area: 007046
A. P. No.: 196-020-140-000
Taxes and assessments for the RECLAMATION 17 District, which are collected with the county taxes.
4. Taxes and assessments, if any, of the RECLAMATION DISTRICT NO. 17 PHASE III. Report to follow.
5. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code.
First American Title
Order Number: 5405-6134807
Page Number: 3
A Deed of Trust to secure an original indebtedness of $237,650.00 recorded NOVEMBER 19, 2012 as INSTRUMENT NO. 2012-151024 of Official Records.
NOVEMBER 02, 2012
BALWANT SINGH SANDHU, A MARRIED MAN AND LAKHVINDER SANDHU, HIS WIFE ORANGE COAST TITLE CO.
Beneficiary: Mortgage Electronic Registration Systems, Inc., as nominee for QUICKEN LOANS INC., A CORPORATION
7. Any right, title or interest of LAKHVINDER SANDHU, as disclosed by the document recorded NOVEMBER 19, 2012 as INSTRUMENT NO. 2012-151024 of Official Records.
8. Rights of the public in and to that portion of the Land lying within any Road, Street, Alley or Highway.
9. Rights of parties in possession.
First American Title
rder Number: 5405-613480
age Number:
INFORMATIONAL NOTES
Note: The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than the certain dollar amount set forth in any applicable arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. If you desire to review the terms of the policy, including any arbitration clause that may be included, contact the office that issued this Commitment or Report to obtain a sample of the policy jacket for the policy that is to be issued in connection with your transaction.
According to the latest available equalized assessment roll in the office of the county tax assessor, there is located on the land a(n) MULTI FAMILY RESIDENCE known as 11616 SOUTH HARLAN ROAD, LATHROP, CALIFORNIA.
According to the public records, there has been no conveyance of the land within a period of twenty- four months prior to the date of this report, except as follows:
None
The map attached, if any, may or may not be a survey of the land depicted hereon. First American expressly disclaims any liability for loss or damage which may result from reliance on this map except to the extent coverage for such loss or damage is expressly provided by the terms and provisions of the title insurance policy, if any, to which this map is attached.
First American Title
der Number: 5405-61348
ge Number:
LEGAL DESCRIPTION
Real property in the City of Lathrop, County of San Joaquin, State of California, described as follows:
A PORTION OF LOT TWO [2] OF SECTION 14, TOWNSHIP 1 SOUTH, RANGE 6 EAST, MOUNT DIABLO BASE AND MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO-WIT:
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 14; THENCE EAST ALONG THE NORTH LINE OF SAID SECTION 14, 3110.24 FEET TO THE EASTERLY LINE OF THE MOSSDALE ROAD, NOW STATE HIGHWAY; THENCE SOUTH 11º 51' WEST 40.87 FEET TO A POINT IN THE SOUTH LINE OF THE J. X. ROAD; THENCE ALONG THE EASTERLY LINE OF MOSSDALE ROAD SOUTH 11° 51' WEST 1044.5 FEET TO THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED TRACT:
THENCE ALONG THE EASTERLY LINE OF SAID MOSSDALE ROAD, SOUTH 11º 51' WEST 136.4 FEET; THENCE EAST 1158.5 FEET TO A POINT IN THE EAST LINE OF SAID LOT 2; THENCE ALONG THE EAST LINE OF SAID LOT 2, NORTH 1º 56' WEST 133.5 FEET; THENCE WEST 1126.0 FEET TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM THAT PORTION THEREOF CONVEYED TO THE STATE OF CALIFORNIA BY GRANT DEED RECORDED DECEMBER 22, 1967, BOOK 3175, PAGE 56, OFFICIAL RECORDS.
APN: 196-020-140-000
First American Title
THIS MAP IS FOR 196-02
POR. N.E.1/4 SEC. 14, T. 1S.R.6E., M.D.B.&M. ASSESSMENT USE ONLY Bk.
193
ROTH ROAD
166 AC
ON 1.72 4C.
191)
366 AC
1 4.25 AC
1) 343AC
3.88 AC
MANILA - ROAD- HIGNEST APN USEO
191) Page Number: €
Order Number: 5405-6134807
CITY OF LATHROP
Assessor's Map Bk. 196 Pg.02
NOTE: Arior Reci Mumber home in fre County of San Joaquin, Calif.
Order Number: 5405-6134807
Page Number: 7
NOTICE
Section 12413.1 of the California Insurance Code, effective January 1, 1990, requires that any title insurance company, underwritten title company, or controlled escrow company handling funds in an escrow or sub- escrow capacity, wait a specified number of days after depositing funds, before recording any documents in connection with the transaction or disbursing funds. This statute allows for funds deposited by wire transfer to be disbursed the same day as deposit. In the case of cashier's checks or certified checks, funds may be disbursed the next day after deposit. In order to avoid unnecessary delays of three to seven days, or more, please use wire transfer, cashier's checks, or certified checks whenever possible.
First American Title
rder Number: 5405-613480
age Number:
EXHIBIT A
LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (BY POLICY TYPE) CLTA STANDARD COVERAGE POLICY - 1990
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building or zoning laws, ordinances, or regulations estricting, regulating, prohibiting or relating (i) the occupancy, use, or enjoyment of the land; (i) the character, dimensions o recorded in the public records at Date of Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
2. for value without knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy;
(C) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy.
4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable doing business laws of the state in which the land is situated.
5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law.
6. Any claim, which arises out of the transaction vesting in the insured the estate of interest insured by this policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws.
EXCEPTIONS FROM COVERAGE - SCHEDULE B, PART I
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of:
Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records.
Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public, records.
2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof.
3. Easements, liens or encumbrances, or claims thereof, not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. . (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water right laims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public record
6. Any lien or right to a lien for services, labor or material unless such lien is shown by the public records at Date of Policy.
CLTA/ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (12-02-13)
EXCLUSIONS
In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from:
Governmental police power, and the existence or violation of those portions of any law or government regulation concerning:
a. building;
b. zoning;
c. land use;
First American Title
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d. improvements on the Land;
e. land division; and
f. environmental protection.
This Exclusion does not limit the coverage described in Covered Risk 8.a., 14, 15, 16, 18, 19, 20, 23 or 27
2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusior does not limit the coverage described in Covered Risk 14 or 15.
3. The right to take the Land by condemning it. This Exclusion does not limit the coverage described in Covered Risk 17.
4. Risks:
a. that are created, allowed, or agreed to by You, whether or not they are recorded in the Public Records; b. that are Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the Policy Date; c. that result in no loss to You; or
d. that first occur after the Policy Date - this does not limit the coverage described in Covered Risk 7, 8.e., 25, 26, 27 or 28.
5. Failure to pay value for Your Title.
6. Lack of a right:
a. to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and b. in streets, alleys, or waterways that touch the Land.
This Exclusion does not limit the coverage described in Covered Risk 11 or 21.
7. The transfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy, state insolvency, or similar creditors' rights laws.
8. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidenc
9. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substance
LIMITATIONS ON COVERED RISKS
Your Deductible Amount Our Maximum Dollar Limit of Liability Covered Risk 16: 1% of Policy Amount Shown in Schedule A or $2,500 $10,000 (whichever is less)
Covered Risk 18: 1% of Policy Amount Shown in Schedule A or $5,000 $25,000 (whichever is less)
Covered Risk 19: 1% of Policy Amount Shown in Schedule A or $5,000 $25,000 (whichever is less)
Covered Risk 21: 1% of Policy Amount Shown in Schedule A or $2,500 $5,000 (whichever is less)
2006 ALTA LOAN POLICY (06-17-06)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys fees, or expenses that arise by reason of:
1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to
(i) the occupancy, use, or enjoyment of the Land;
(i) the character, dimensions, or location of any improvement erected on the Land; (ill the subdivision of land; or
(iv) environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5.
2. (e) An emere aman. is re the does not mod loes it mad orate the cerage overdue overed Risk ..
3. First American Title
Order Number: 5405-6134807
Page Number: 10
(C) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 13, or 14); or
e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage
4. enforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-busines laws of the state where the Land is situated.
5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law.
6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is
(a) a fraudulent conveyance or fraudulent transter, or
(b) a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy.
7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage provided under Covered Risk 11(b).
The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage
EXCEPTIONS FROM COVERAGE
[Except as provided in Schedule B- Part II, tor This policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees or expenses, that arise by reason of:
he above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage:
1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of suct proceedings, whether or not shown by the records of such agency or by the Public Records.
Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land.
Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.
Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records.
6. Any lien or right to a lien for services, labor or material unless such lien is shown by the Public Records at Date of Policy.
PART II
In addition to the matters set forth in Part I of this Schedule, the Title is subject to the following matters, and the Company insures against loss or damage sustained in the event that they are not subordinate to the lien of the Insured Mortgage:] 2006 ALTA OWNER'S POLICY (06-17-06)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of:
1. Car elatia, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, (i) the occupancy, use, or enjoyment of the Land;
(ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or
(iv) environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5.
) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk
2. ghts of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or
3. Defects, liens, encumbrances, adverse claims, or other matters First American Title
Order Number: 5405-6134807
Page Number: 11
(c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 or 10); or
Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title.
4. Title as shown in Schedule A, is
(b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy.
5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A.
The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage:
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees or expenses, that arise by reason of:
[The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage:
l. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on re roperty or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of suct proceedings, whether or not shown by the records of such agency or by the Public Records.
2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land.
3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.
4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records.
6. Any lien or right to a lien for services, labor or material unless such lien is shown by the Public Records at Date of Policy.
7. [Variable exceptions such as taxes, easements, CC&R's, etc. shown here.] ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (07-26-10)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of:
1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to
(i) the occupancy, use, or enjoyment of the Land;
(ii) the character, dimensions, or location of any improvement erected on the Land; (ili) the subdivision of land; or
(iv) environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16.
2. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (C) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 16, 17, 18, 19, 20, 21, 22, 23, 24, 27 or 28); or
e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage
4. Inenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-busines laws of the state where the Land is situated.
5. invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. This Exclusion does not modify or limi the coverage provided in Covered Risk 26.
6. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to Advances or modifications made after the First American Title
Order Number: 5405-6134807
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Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11.
7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent to Date of Policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11(b) or 25.
8. The failure of the residential structure, or any portion of it, to have been constructed before, on or after Date of Policy in accordance with applicable building codes. This Exclusion does not modify or limit the coverage provided in Covered Risk 5 or 6.
9. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is
(a) a fraudulent conveyance or fraudulent transfer, or
(b) a preferential transfer for any reason not stated in Covered Risk 27(b) of this policy.
10. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence.
11. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances.
First American Title
First American Title™
14*
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Notice Last Updated: January 1, 2020
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Contact Us [email protected] or toll free at 1-866-718-0097. © 2019 First American Financial Corporation and/or its affiliates. All rights reserved. NYSE:FAF Form 10-PRIVACY19 (1-10-20) Page 1 of 3 Privacy Notice (2019 First American Financial Corporation) First American Title™
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Real Estate Appraisals
REVISED APPRAISAL REPORT
PARTIAL ACQUISITION FROM
SANDHU PROPERTY
11616 S. HARLAN ROAD
LATHROP, CALIFORNIA
HARLAN ROAD REALIGNMENT AT ROTH ROAD PROJECT
AS OF: MARCH 15, 2024
PREPARED FOR:
DOKKEN ENGINEERING
110 BLUE RAVINE ROAD, SUITE 200
FOLSOM, CA 95630
TABLE OF CONTENTS
Letter of Transmittal.
Summary of Factual Data and Conclusions..
Assumptions and Limiting Conditions
Certification...
Purpose and Intended Use of Appraisal
Client and Intended Users of Report
Effective Date of Value
Date of Report
Interest Appraised....
Definition of Market Value.
Government Compliance..
Definition of Exposure Time
Scope of the Appraisal 2
Regional Description
Market Area Description 14
16 Project Description..
18 Appraisal Summary
19 Property Description.
Highest and Best Use.
Portion to be Acquired 25
Valuation Discussion .26
Valuation .28
Value of Portion to be Acquired .30
Value of Improvements. .32
Severance Damages..
Benefits...
Construction Contract Work 32
Just Compensation .33
Addenda
Comparable Data Map
Comparable Data
Letter to Property Owner
Legal Description of Area to be Acquired
Title Report
Qualifications
PATTISON & ASSOCIATES, INC.
Pattison & Associates, Inc.
Real Estate Appraisals
October 16, 2024
Jamie Formico, SR/WA, R/W-NAC, R/W-RAC
Dokken Engineering
110 Blue Ravine Road, #200
Folsom, CA 95630
Re: Revised appraisal of a portion of the Sandhu Property (APN#: 196-020-14), 11616 S.
Harlan Road, for the Harlan Road Realignment at Roth Road Project, Lathrop, California Dear Ms. Formico:
In accordance with your request and authorization, we have prepared a narrative appraisal report of an appraisal on the property referenced above for the purpose of forming and expressing an opinion as to the market value of a portion of the subject property to be acquired by the City of Lathrop for the Harlan Road Realignment at Roth Road Project. This report is intended to comply with the reporting requirements of an Appraisal Report, as set forth in Standards Rule 2-2(a) of USPAP.
Based on an inspection of the property and a review and analysis of market data, it is our opinion that the market value of the portions of the subject property to be acquired, in permanent public right of way easement, permanent public utility and slope easement and temporary construction easement, as of March 15, 2024, is as indicated in the Summary of Factual Data and Conclusions on Page 2 of this report. This report was revised to exclude the value of the property that is legally owned by the adjacent ownership.
Your attention is invited to the attached pages which describe the property appraised, limiting conditions upon which the value opinions are premised, and the factual data anc easoning employed by us in arriving at our value judgments Respectfully submitted,
PATTISON & ASSOCIATES, INC.
Dwight Pattison, SR/WA Michael Pattison, SR/WA
Appraiser Emeritus CA State Cert. #AG026061
2378 Maritime Drive, Suite 110 • Elk Grove, CA 95758
(916) 714-3010
SUMMARY OF FACTUAL DATA AND CONCLUSIONS
Owner: Balwant Singh Sandhu
Assessor's Parcel No(s).: 196-020-14
Location: East side of S. Harlan Road, South of Roth
Road (11616 S. Harlan Road), Lathrop,
California
Legal Description: Please see title report in addenda
Present Use: Light Industrial/Truck Parking
Highest and Best Use: Light Industrial/Truck Parking/Logistics Zoning: LI (Limited Industrial)
Site Size: 3.43+ Acres
Interest Appraised: Permanent Public Right of Way Easement Permanent Public Utility and Slope Easement
Temporary Construction Easement
Date of Value: March 15, 2024
Appraised Value: $74,300
PATTISON & ASSOCIATES, INC.
ASSUMPTIONS AND LIMITING CONDITIONS
Standards Rule (S.R.) 2-1 of the Standards of Professional Appraisal Practice of the Appraisal Institute requires the appraiser to "clearly and accurately disclose any extraordinary assumption or limiting condition that directly affect the report and indicate its impact on the value range. In compliance with S.R. 2-1 and to assist the reader in interpreting this report, such assumptions and limiting conditions are set forth as follows:
The conclusions and opinions expressed in this report apply to the date of value set forth in this report. The value estimated is market value in terms of financial arrangements equivalent to cash.
2. The appraiser assumes no responsibility for economic, physical, or demographic factors that may affect or alter the opinions in this report if said economic, physical, or demographic factors were not present as of the date of the letter of transmittal accompanying this report. The appraiser is not obligated to predict future political, economic, or social trends.
3. In preparing this report, the appraiser was required to rely on information furnished by other individuals or found in previously existing records and/or documents. Unless otherwise indicated, such information is presumed to be reliable. However, no warranty, either expressed or implied, is given by the appraiser for the accuracy of such information and the appraiser assumes no responsibility for information relied upon later found to have been inaccurate. The appraiser reserves the right to make such adjustments to the analyses, opinions, and conclusions set forth in this report as may be required by consideration of additional data or more reliable data that may become available.
4. No opinion as to the title of the subject property is rendered. Data related to ownership and legal description was provided by our client and is considered reliable. Title is assumed marketable, free and clear of all liens, encumbrances, easements, and restrictions except those specifically discussed in the report. The property is valued assuming it to be under responsible ownership and competent management and available for its highest and best use.
5. environmental studies that may be required to discover such hidden or unapparent conditions.
6. is predicated on the assumption that no such material or substance is present on or in the PATTISON & ASSOCIATES, INC.
subject property on in such proximity; thereto that it would cause a loss in value. The appraiser assumes no responsibility for the presence of any such substance or material on or in the subject property, nor for any expertise or engineering knowledge required to discover the presence of such substance or material. Unless otherwise stated, this report assumes the subject property is in compliance with all federal, state, and local environmental laws, regulations, and rules.
Unless otherwise stated, the subject property is valued assuming it to be in full compliance with all applicable zoning and land use regulations and restrictions.
8. Unless otherwise stated, the property is valued assuming that all required licenses, permits, ertificates, consents or other legislative and/or administrative authority from any loca tate, or national government or private entity or organization have been or can be obtaine or renewed for any use on which the value estimate contained in this report is based.
9. No engineering survey was made by the appraiser. Except as specifically stated, data relative to size and area of the subject property was taken from sources considered reliable and no encroachment of the subject property is considered to exist.
10. No opinion is expressed as to the value of subsurface oil, gas, or mineral rights or whether the property is subject to surface entry for the exploration or removal of such materials, except as is expressly stated.
11. Maps, plats, and exhibits included in this report are for illustration only to serve as an aid in visualizing matters discussed within the report. They should not be considered as surveys or relied upon for any other purpose, nor should they be removed from, reproduced, or used apart from this report.
12. No opinion is intended to be expressed for matters that require legal expertise or specialized investigation or knowledge beyond that customarily employed by real estate appraisers.
13. Possession of this report, or a copy of it, does not carry with it the right of publication.
Without the written consent of the appraiser, this report may not be used for any purpose by any person other than the party to whom it is addressed. In any event, this report may be used only with proper written qualification and only in its entirety for its stated purpose.
14. Testimony or attendance in court or at any other hearing is not required by reason of
15. PATTISON & ASSOCIATES, INC.
16. The Americans with Disabilities Act (ADA) became effective on January 26, 1992. We have not made a specitic compliance survey and analysis of the property to determine whether or not it is in conformity with the various detailed requirements of the ADA. It is possible that a compliance survey of the property, together with a detailed analysis of the requirements of the ADA, could reveal that the property is not in compliance with one or more of the requirements of the Act. If so, this could have a negative effect on the property's value.
17. The appraiser is not qualified to detect the presence of any threatened or endangered species. The client is urged to retain an expert in this field if there is any question as to the existence of any threatened or endangered species. The value estimated in the report assumes that no threatened or endangered species is present on the property.
18. A Limited Environmental Review was not provided to the appraiser by the client. The appraiser is not an expert in biological or environmental matters and strongly suggests that the client and or future user of the subject site obtain a biological and environmental assessment prior to any activity on the property. The value conclusion assumes that property in compliance with all local, regional, and State environmental approvals, including those required by CEQA through California Public Utilities Code 851. The appraiser assumes no responsibility for any failure of obtaining proper environmental clearances.
Extraordinary Assumptions
There were no extraordinary assumptions applied in this appraisal.
Hypothetical Conditions
This appraisal is subject to the following hypothetical conditions, which may have a significant effect on the valuation of the subject property:
To estimate severance damages and benefits, we must value the remainder in the after condition, taking into account the acquisition, under the hypothetical condition that th roject has been completed in the manner proposed
PATTISON & ASSOCIATES, INC.
CERTIFICATION OF DWIGHT PATTISON
I certify that, to the best of my knowledge and belief:
1. The statements of fact contained in this report are true and correct.
2. The reported analyses, opinions and conclusions are limited only by the reported assumptions and limiting onditions, and are the personal, impartial, unbiased professional analyses, opinions and conclusions of th appraisers.
3. I have no present or prospective interest in the property that is the subject of this report, and I have no personal interest with respect to the parties involved.
4. I have performed no services, as an appraiser or in any other capacity, regarding the property that is the subject of this report within the three-year period immediately preceding acceptance of this assignment.
5. I have no bias with respect to the property that is the subject of this report or to the parties involved with this assignment.
6. My engagement in this assignment was not contingent upon developing or reporting predetermined results.
7. Pattison & Associates, Inc.'s compensation for completing this assignment is not contingent upon the development or reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value estimate, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this appraisal.
8. My analyses, opinions and conclusions were developed, and this report has been prepared, in conformity with the Uniform Standards of Professional Appraisal Practice.
9. I have made a personal inspection of the property that is the subject of this report.
10. No one provided significant real property appraisal assistance to the persons signing this report.
11. The reported analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the Code of Ethics and Standards of Practice of the International Right of Way Association.
12. I certify that I was a State of California, Certified General appraiser in good standing from 1992 through September 11, 2024. On this date my license expired and will not be renewed. As stated under #8 above, my contributions to this appraisal report were performed in full conformity with the Uniform Standards of Professional Appraisal Practice
Dwight Pattison, SR/WA
Appraiser Emeritus
- PATTISON & ASSOCIATES, INC.
CERTIFICATION OF MICHAEL PATTISON
I certify that, to the best of my knowledge and belief:
1. The statements of fact contained in this report are true and correct.
The reported analyses, opinions and conclusions are limited only by the reported assumptions and limiting conditions, and are the personal, impartial, unbiased professional analyses, opinions and conclusions of the appraisers.
I have no present or prospective interest in the property that is the subject of this report, and I have no personal interest with respect to the parties involved.
4. I have performed no services, as an appraiser or in any other capacity, regarding the property that is the subject of this report within the three-year period immediately preceding acceptance of this assignment.
5. I have no bias with respect to the property that is the subject of this report or to the parties involved with this assignment.
6. My engagement in this assignment was not contingent upon developing or reporting predetermined results.
7. attison & Associates, Inc.'s compensation for completing this assignment is not contingent upon th levelopment or reporting of a predetermined value or direction in value that favors the cause of the clien the amount of the value estimate, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this appraisal.
8. My analyses, opinions and conclusions were developed, and this report has been prepared, in conformity with the Uniform Standards of Professional Appraisal Practice.
9. I have made a personal inspection of the property that is the subject of this report.
10. No one provided significant real property appraisal assistance to the persons signing this report.
11. The reported analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the Code of Ethics and Standards of Practice of the International Right of Way Associatior and Code of Professional Ethics and the Standards of Professional Appraisal Practice of the Appraisa
12. The use of this report is subject to the requirements of the Appraisal Institute relating to review by its duly authorized representatives.
13. As of the date of this report, I have completed the Standards and Ethics Education Requirement of the Appraisal Institute for Associate Members.
Michael Pattison, SR/WA
CA State Cert #AG026061
- PATTISON & ASSOCIATES, INC.
PURPOSE AND INTENDED USE OF APPRAISAL
The purpose of this report is to develop an opinion of the just compensation to be paid to the ownership for acquiring a portion of the subject property, in permanent public right of way easement, permanent public utility and slope easement and temporary construction easement. The subject property is located on the east side of S. Harlan Road, south of Roth Road (11616 S. Harlan Road), Lathrop, California. Just compensation will be based on the Fair Market Value of the property, using the Definition of Market Value on page 8 in this report and as stated in the California Code of Civil Procedure 1263.320. The value estimated is market value in terms of financial arrangements equivalent to cash. The intended use of the report is for acquisition of the portions of the property described, by the City of Lathrop, for the Harlan Road Realignment at Roth Road Project. This report is not intended for any other use.
CLIENT AND INTENDED USERS OF REPORT
Our client is identified as Dokken Engineering. Dokken Engineering is the acquisition contractor for the City of Lathrop for this project. The intended users of this report are Dokken Engineering and staff of the City of Lathrop, Public Works Department. Use of this report by others is not intended by the appraisers.
EFFECTIVE DATE OF VALUE
The effective date of value for this appraisal is March 15, 2024. This is the date the appraisers made their final inspection of the subject property and is the date the value opinion applies.
DATE OF REPORT
This revised appraisal report is dated October 16, 2024. This is the date the appraisers completed and signed the revised report. The original report was dated April 29, 2024.
INTEREST APPRAISED
Permanent Public Right of Way Easement
Permanent Public Utility and Slope Easement
Temporary Construction Easement
PATTISON & ASSOCIATES, INC.
DEFINITION OF MARKET VALUE*
(a) The 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 purposes for which the property is reasonably adaptable and available. (b) The fair market value of property taken for which there is no relevant, comparable market is its value on the date of valuation as determined by any method of valuation that is just and equitable.
*Source: California Code of Civil Procedure 1263.320.
GOVERNMENT COMPLIANCE
In compliance with Government Code section 7267.1 (b) the property owners in this report were notified by mail of the proposed acquisition and preparation of the appraisal. The owners were given the opportunity to accompany the appraisers on the inspection or to discuss the appraisal via telephone. The appraisers met with Balwant Sandhu on the property on March 15, 2024. The proposed acquisition and project were discussed. An exterior inspection of the property was made at that time.
DEFINITION OF EXPOSURE TIME*
The length of time the property interest being appraised would have been offered on the market prior to the hypothetical consummation of a sale at market value on the effective date of the appraisal; a retrospective opinion based on an analysis of past events assuming a competitive and open market. Based on the comparable data utilized in this report, and a review of other sales and listings of similar light industrial sites in the area, a reasonable exposure time of six months to one year was considered in our market value opinion.
*Source: This definition is published in the Definitions section of the 2024 Edition of USPAP, ©The Appraisal Foundation.
PATTISON & ASSOCIATES, INC.
SCOPE OF THE APPRAISAL
In the performance of this assignment and preparation of this report, the appraisers inspected the subject property with the owner on March 15, 2024. Photographs of the property were taken during this inspection.
The appraisers secured information regarding assessments, zoning and utilities from various sources, including a title report, the City of Lathrop Planning Department, the San Joaquin County Assessor's Office and the San Joaquin County Recorder.
The first step in the appraisal process, once the property has been inspected, is to determine the "larger parcel". The Dictionary of Real Estate Appraisal, 7' Edition defines the larger parcel as: In governmental land acquisitions and in valuations of charitable donations of partial interests in property such as easements, the tract or tracts of land that are under the beneficial control of a single individual or entity and have the same, or an integrated, highest and best use. Elements for consideration by the appraiser in making a determination in this regard are contiguity, or proximity, as it bears on the highest and best use of the property, unity of ownership, and unity of highest and best use. In most states, unity of ownership, contiguity, and unity of use are the three conditions that establish the larger parcel for the consideration of severance damages. In federal and some state cases, however, contiguity is sometimes subordinated to unitary use. The larger parcel may be all of the parcels, part of a parcel, or several parcels, depending on the unity of legal ownership, unity of use, and contiguity. For there to be unity of title, the parcel(s) must be owned or controlled by the same individual or group of individuals. Unity of use requires that the parcel (s) possess the same use, or an integrated use, with the land. It is controlled by the highest and best use of the parcel(s). Although contiguity is not always required, normally parcels sharing this unity are physically contiguous to one another. The ownership owns just one parcel. Therefore, it is our opinion that this one parcel, which contains 3.43 acres, meets the legal definition of the larger parcel.
The appraisers reviewed competitive uses and interviewed informed persons regarding the subject property and comparable properties. These interviews included real estate professionals and the City of Lathrop Planning and Public Works staff. Based on these interviews and our review of the market data, the appraisers have determined that the highest and best use of the subject property is for service commercial/light industrial use, ideally truck parking.
The subject property is improved with an older residential improvement and a detached garage, which are used in the owner's truck parking business as an office and storage building.
These improvements are not affected by the proposed acquisition. Therefore, only a land value is required to estimate the market value of the area to be acquired. The Cost and Income Approaches PATTISON & ASSOCIATES, INC.
are not considered applicable and will not be utilized. The Sales Comparison Approach is the most reliable approach for estimating the market value of land. Based on the above reasoning, the appraisal of the subject property will concentrate on only the Sales Comparison Approach.
To estimate the market value of the subject property, the appraisers have investigated sales and listings of comparable light industrial properties in the surrounding San Joaquin County area for use as comparable data. This search extended retroactively for approximately three years. All sales used in comparison to the subject properties were personally inspected by the appraisers.
Sources used in obtaining sale information included: public records (deed recording, County tax assessment records), MLS data, Costar data, Parcelquest data, local real estate agents, other appraisers, and field inspections and verifications of comparable properties. Market data gathered included sales of similar industrial and service commercial sites, similar in size to the subject. All sales applied in the analyses are described in detail in the valuation section of this report and a sale sheet for each sale is located in the addendum of this report.
Once the land value of the subject property was determined, the value of the area to be acquired was calculated based on the determined value per square foot. Subsequently, a severance damage and benefits analysis was conducted. To determine if there are any severance damages and/or benefits, the subject property was analyzed in the before condition, under the hypothetical condition that the project does not exist, and again in the after condition, under the hypothetical condition that the proposed acquisition was completed and the project was constructed in the manner proposed.
• PATTISON & ASSOCIATES, INC.
REGIONAL DESCRIPTION
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SUBJECT PROPERTY
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The subject property is located in the northern portion of the City of Lathrop, in south- central San Joaquin County. San Joaquin County is centrally located in the Central Valley of California, and is the northernmost county of the San Joaquin Valley. Its topography is generally level irrigated farm land with the exception of its western portion which is a portion of the Delta region. This region is a series of waterways and islands created both by nature and by man which has developed into a recreation paradise as well as very fertile agricultural land. San Joaquin County ranks near the top of California's counties in agricultural production.
The county's location 80 miles east of the bay area and forty miles south of Sacramento give it a very strategic location for distribution of products. In the State of California, Department of Finance demographic report, January 2023, San Joaquin County had a population of 786,145, making it the 14"h most populous county in the state. This was an increase in population of approximately 13% during the decade preceding. Most of the county is agricultural, with the City of Stockton having nearly 41% of the county's residents. Stockton is famous for its large inland port, with major products such as wood chips, lumber, and agricultural products shipped overseas.
PATTISON & ASSOCIATES, INC.
Because of its location on Interstate 5 and Highway 99, Stockton has become a hub for distribution warehousing, and for trucking enterprises. It is the seat of the County, and its location is in the center of the county. Lodi, fifteen miles north of Stockton is situated on Highway 99 and Highway 12, which is a major east-west link to the Sierras to the east and the Bay Area to the west. Lodi is a center of one of California's largest and most productive wine grape regions. In addition, it is the hub of the county's dairy production, which ranks second only to grapes as an agricultural commodity within the county. Tracy is located west of Interstate 5 and south of Interstate 205, which connects Interstates 5 and 580. Tracy is a fast growing city that was once an agricultural hub and is now a bedroom community for those commuting to the East Bay. Manteca and Lathrop, both incorporated cities, are both located south of Stockton with Lathrop oriented toward Interstate 5 and Manteca toward Highway 99. These two cities adjoin each other on Lathrop's south and east boundary and Manteca's north and west boundary. The subject property is located on the northeast corner of Roth Road and Harlan Road, in the northern portion of Lathrop, just east of Interstate 5.
The climate in this area tends to be hot in the summers and cool in the winters. Most of the rainfall happens between January and April, with the average rainfall per year at slightly over 18 inches. The nights during the summers are cooled by the breezes off the delta.
The county's current general plan calls for the agricultural areas within the county to remain in production. The county has eight incorporated cities, and over 80% of the county's population resides within these corporate limits. Thus, major development in the future will remain within the incorporated cities designated limits or along their boundaries and within their existing general plans and areas of influence. The central portion of the county has the best soil for the growing of grapes and orchard crops. The delta islands primarily produce vegetable crops, and the eastern portions of the county have less fertile soil and are used for grazing.
It is the appraisers' opinion that San Joaquin County will remain a major factor in the state's agricultural production. Many crops such as grapes, asparagus, potatoes, tomatoes, cherries, and melons are leading commodities in the county as well as the dairy industry. The cities within the county will continue to grow, with the western area near Tracy being a bedroom area for bay area workers and the central cities such as Lodi, Manteca, Lathrop and Stockton will continue as centers for commerce, distribution and trucking operations. - PATTISON & ASSOCIATES, INC. —
MARKET AREA DESCRIPTION
KOODBRIOGE
Lathrop
Manteca
Banta
The subject property is located in the northern portion of Lathrop, just south of the intersection of Roth Road and Harlan Road, and just east of Interstate 5. Lathrop is a city of approximately 35,000 inhabitants and is strategically located between Highway 99 and Interstate 5 and to the north of Highway 120. Highway 120 is a primary corridor to get traffic between the two major north-south freeways and provides Central Valley drivers access to the Bay Area. Thus, the area has become a home to many warehousing and distribution sites for companies. Lathrop is adjacent on its easterly boundary to Manteca, a city of approximately 88,800 and the two are separated by the north-south oriented Union Pacific Railroad right of way. Manteca was once the home to Spreckels Sugar with a large refinery, however that was closed and has since been demolished and that area is now home to businesses along Highway 120. Louise Avenue runs east- west through the southern portions of Lathrop and Manteca, and also connects to the two major freeways.
The primary commercial area of Lathrop is in the Interstate 5 corridor along its westerly boundary. The older city center is to the east of Interstate 5 nearer the railroad. Manteca also has a large commercial area near Highway 99 and Yosemite Avenue in the southeastern portion of that city.
PATTISON & ASSOCIATES, INC.
Manteca and Lathrop have also become bedroom communities for the areas to the north, west and south. Tracy is just west and farther west over the Altamont Pass is the San Ramon Valley and a large employment area. Modesto is just south in Stanislaus County and offers more employment. To the north is Stockton, a large employment area. Also, with the good freeway access to the Bay Area and the Sacramento and San Joaquin Valleys, this area has developed, especially along Interstate 5, with a multitude of large distribution warehouses.
Stockton is a large metroplex of nearly 320,000 inhabitants. The city has been growing in its northern portions near both freeways as many subdivisions have been built over the past decade.
The central portions of the city have remained stable, with residential areas located near shopping and employment. It is also the seat of government for San Joaquin County.
The real estate market for industrial properties of central San Joaquin County has been one of more supply than demand. This is an excellent location for warehousing and distribution with its central location. There is an abundance of industrial parcels available in the area in and around the Stockton Airport and in other industrial parks in the area along Interstate 5. There are less Commercial properties available, though the areas along Highway 120 and Interstate 5 are newer and are in the growth process. The post-pandemic economy has been strong, especially in the industrial and logistics markets, and will likely remain strong in this area because of its central location, good freeway access and affordable housing.
It is the appraiser's opinion that the cities of Manteca and Lathrop will continue to be an area of growth with commercial, industrial and residential development with good access to the existing freeways.
PATTISON & ASSOCIATES, INC. -
PROJECT DESCRIPTION
The City of Lathrop (City) proposes to realign Harlan Road by shifting the intersection of Harlan Road and Roth Road within the City of Lathrop, California.
TA Excluded from Project Are:
Project Area
Realignment Area
Phase I
Phase il
Parcels
Proposed development projects within San Joaquin County, the City of Manteca, and the City of Lathrop will cause the I-5 interchange at Roth Road within the City of Lathrop to operate at an unacceptable level. The Harlan Road Realignment at Roth Road Project (Project), must be completed prior to any improvements being made to the interchange. The proposed Project will shift the existing Harlan Road/Roth Road intersection approximately 600 feet to the east, increasing the spacing between the I-5/Roth Road northbound ramp termini intersection and Harlan Road. This increased spacing will allow for future improvements at the ramp termini intersection to improve the intersection traffic operations. To match the shifted intersection, Harlan Road, north and south of Roth Road, will require realignment. Harlan Road currently runs parallel adjacent to the I-5 right of way within the Project area.
The proposed Project along Harlan Road will include three travel lanes and a center two- way left turn lane south of Roth Road and two travel lanes with a center striped median north of PATTISON & ASSOCIATES, INC. *
Roth Road. This lane configuration will incorporate the ultimate improvements necessary for Harlan Road within the Project area. Harlan Road will conform to the existing section at the beginning and end of the realigned portion; ultimate Harlan Road improvements past these conforms will take place as future projects.
The existing Harlan Road intersection will be converted to one cul-de-sac on the south side of Roth Road and a dead-end road on the north side of Roth Road to maintain access to the existing properties on Harlan Road outside of the realigned portion. - PATTISON & ASSOCIATES, INC. -
APPRAISAL SUMMARY APN: 196-020-14
OWNER: Balwant Sandhu
PROPERTY ADDRESS: 11616 S. Harlan Road
LOCALE: Lathrop
ZONE: IL PRESENT USE: Truck Parking
HIGHEST AND BEST USE (SITE): Light Industrial/Truck Parking DATE ACQUIRED: Over 20 Years D.T.T.: N/A CONSIDERATION: N/A TOTAL PROP. AREA: 3.43 Acres -FULL X PART
DATE OF VALUE: 3-15-2024 ROUNDED: $74,300
MARKET VALUE OF REQUIRED PROPERTY: $74,257.60
LAND: 2,683+ SF in Permanent Public Right of Way Easement $42,928.00 (2,683 SF unencumbered @ $16.00/SF x 100% = $42,928.00) 1,399+ SF in Permanent Public Utility and Slope Easement S20,145.60 (1,399 SF unencumbered @ $16.00/SF × 90% = $20,145.60)
1,398+ SF Temporary Construction Easement $11,184.00
(1.398 SF unencumbered @ $16.00/SF x 10%/year x 5 years = $11,184.00) IMPROVEMENTS: Not affected -0-
SEVERANCE DAMAGES: None -0-
BENEFITS: None -0-
CONSTRUCTION CONTRACT WORK: Relocate fence and reconstruct driveway * * cost to be provided by contractor
Date Inspected: 3-15-24 By: Dwight Pattison
Michael Pattison
PATTISON & ASSOCIATES, INC.
PROPERTY DESCRIPTION
Owner of Record
Balwant Singh Sandhu, an unmarried man
Location
The subject property is located on the east side of S. Harlan Road, south of Roth Road, in Lathrop, California. Its current address is 11616 S. Harlan Road, Lathrop, California.
Shape, Dimensions and Area
The subject property is nearly rectangular in shape. It has approximately 146 feet of frontage on S. Harlan Road along its western boundary and is approximately 1,085 feet deep along its north boundary. It contains approximately 3.43 acres according to San Joaquin County Assessor's Maps. Please see map below.
POR. N.E.1/4 SEC. 14, T. 1S.R.6E., M.D.B.&M.
ROTH ROAD
1,003
€ '66*:
g 0|=.
Ti6.0
ROUTE
TITT
@ 366 k
INTERSTATE 1 42546
* 3831C
& 388 AC
MANILA: ROAD
PATTISON & ASSOCIATES, INC.
In addition to the above described area, the property includes a small, triangular area adjacent to the northwest corner of the parcel, which, on the map above, is shown as the southwest corner of the adjacent parcel to the north. This area is grass landscape area and is fenced as part of the subject site. According to Mr. Sandhu, there was an agreement between himself and the ownership of the property to the north to transfer this portion of the property, but the lot line map has never been finalized. This area contains approximately 600 square feet (0.013 acre). Although this area is fenced and used by the owner, our client has requested that we include this area as part of the adjoining property, as it is still legally owned by the adjoining property's ownership. This area is shown in red on the aerial below:
S Marlan Rd
Harlan Rd
Legal Description
Please see title report in addenda.
Topography and Physical Characteristics
The subject property is generally level and at the grade of the adjoining roadway. It has an older residence in the northwest portion, near the road, and a detached garage in the PATTISON & ASSOCIATES, INC.
southwest portion. There is some landscaping around the residence, but the majority of the site is dirt/gravel. There is no curb, gutter or sidewalk along the roadway.
Zoning
The subject property is zoned IL, Limited Industrial, by the City of Lathrop. This district is intended primarily for application to those areas of the city which are designated for light industrial use by the general plan. The General Plan designation is LI, Limited Industrial.
The subject's current use (truck parking) conforms to this zoning and General Plan designation.
Utilities and Services
The subject property has electricity and telephone service to the site. Sewer and water service are available, but not developed. The property has a domestic well and a septic system for domestic water and sewer service.
Easements and Encroachments
A title report was provided by First American Title Company. A copy is located in the addenda. A review of this title report revealed rights to the public in S. Harlan Road. It is our opinion that this exception does not have an adverse effect on the market value of the subject property. There were no other easements or encroachments noted.
Flood Plain
The subject property is within Zone X (shaded) according to FEMA Panel 06077C 0610F, revised on October 16, 2009. Zone X (shaded) is an area with reduced flood risk due to levees.
Assessed Value and Taxes
Assessor's Parcel No. 196-020-14
Tax Code Area: 007-046
Assessed Value:
Land: $206,812
Improvements: $ 16,248
Other Value: $
Total: $223,060
2023-2024 Taxes: $4,270.72
PATTISON & ASSOCIATES, INC.
Access
The subject property has direct access to S. Harlan Road.
Improvement Description
The subject property is improved with an older residential improvement, which is used as an office for the truck parking business. In addition, there is a detached garage that is used for storage. These improvements are not affected by the proposed acquisition. Thus, an inspection of the improvements was not made.
History of the Property
The current owner has owned the property for over 20 years.
Present Use
The subject property is currently used for truck parking.
PATTISON & ASSOCIATES, INC.
HIGHEST AND BEST USE
Highest and best use is defined as:
The reasonably probable and legal use of vacant land or an improved property, which is physically possible, appropriately supported, financially feasible, and that results in the highest value.
Implied in this definition is that the determination of use takes into account the contribution of a specific use to the community and community development goals as well as the benefits of that use to individual property owners. Hence, in certain situations the highest and best use of land may be for parks, greenbelts, preservation, conservation, wildlife habitats, and the like.
To estimate the highest and best use, four elements are considered:
Possible use. What uses of the site in question are physically possible? Permissible legal use. What uses of the site are permitted by zoning and deed restrictions.
Feasible use. Which possible and permissible uses will produce a net return to the owner of the site?
Highest and best use. Among the feasible uses, which use will produce the highest net return or the highest present worth?
The highest and best use of the land or site if vacant and available for use may be different from the highest and best use of the improved property. This is true when the improvement is not an appropriate use, but it makes a contribution to the total property value in excess of the value of the site. The existing use will continue, however, unless and until land value in its highest and best use exceeds the total value of the property in its existing form. The following tests must be met in estimating highest and best use. The use must be legal and probable, not speculative or conjectural. A demand for the use must exist and it must yield the highest net return to the land for the longest period.
These tests are applied to the improved and vacant property. To arrive at an estimate of highest and best use, the subject property was analyzed as though vacant and available for development and as improved.
- PATTISON & ASSOCIATES, INC.
The subject property is zoned for limited industrial use. It has good access from S. Harlan Road, which serves as the Interstate 5 frontage road in this area. It is located just south of the Interstate 5 freeway/Roth Road interchange and just west of Sharpe Depot, which is a large military storage facility. The presence of this depot and the adjacent Union Pacific Railroad yard has influenced the development of this area into primarily industrial uses. There are many trucking and logistics facilities in the area surrounding the subject property.
The fact that the subject is zoned for industrial use limits its potential. It contains 3.43 acres, which is large enough in size to support numerous uses, but most commercial uses would not be allowed in this zoning district. In addition, while there is commercial development on Roth Road to the north, and near the other freeway interchanges in Lathrop, the subject site does not have the traffic count to support retail commercial use. However, over the past 4 years, since the pandemic first started, sites that could accommodate truck parking have increased in value tremendously. This property lends itself to this type of use. It has the proper zoning, good freeway access, and large enough size to accommodate numerous trucks. As vacant, it is our opinion that would likely be an ideal site for truck parking, or for other light industrial/warehousing/logistics development, or for non-retail commercial (auto repair, etc.) use. These are legal uses and, in our opinion, would bring in the greatest return to the property. Therefore, it is the appraiser's opinion that the highest and best use of the subject property, as vacant, is for light industrial or service commercial use, ideally for truck parking.
The subject property is improved with an older residence and garage, and is used for truck parking. The structures appear to be in below average to poor condition, but are currently used as part of the truck parking operation. However, it is our opinion that development of the property to its highest and best use of light industrial or service commercial would not utilize the existing improvements. They have reached the end of their economic life. Therefore, it is our opinion that the structures have no contributory value and the highest and best use of the property is as vacant, for light industrial or service commercial use, ideally for truck parking.
PATTISON & ASSOCIATES, INC.
LEGEND:
EXISTING RIGHT OF WAY/PROPERTY LINE
EXISTING EASEMENT
EXISTING CONDITIONS
PROPOSED IMPROVEMENTS
PROPOSED RIGHT OF WAY EASEMENT
PROPOSED PUBLIC UTILITY EASEMENT HARLAN ROAD
AND SLOPE EASEMENT
PROPOSED TEMPORARY CONSTRUCTION
EASEMENT
UTILITY POLE TO BE RELOCATED INTO PUE
PUBLIC UTILITY EASEMENT AND
SLOPE EASEMENT
TEMPORARY CONSTRUCTION EASEMENT
APN PROPERTY SOFT
OWNER REMARKS
2,683 GRANT OF PUBLIC RIGHT OF WAY EASEMENT
RELOCATE
1,399 PUBLIC UTILITY EASEMENT AND SLOPE EASEMENT
196-020-14 SANDHU
1,398 TEMPORARY CONSTRUCTION EASEMENT
147,277 GROSS PARCEL SIZE
HARLAN ROAD- + SOUTH
INTERSTATE NORTH →
INK SLIDE CATE
RIVEWAY ACCESS
-RELOCANK FENCE CURE e CUTTER
ROTH ROADI PROPOSED ERNE
ERTY LINE
KEY MAP
NOT TO SCALE
ERTY LINE
APN: 196-020-14
ADDRESS: 11616 S
HARLAN ROAD
OWNER: SANDHU
UTILITY NOTE: LOCATION OF RELOCATED UTILITIES WITHIN THE PUE TO BE DETERMINED DURING COORDINATION WITH THE UTILITY COMPANIES. SCALE 1"= 30' 3/11/2024
PRELIMINARY PROJECT
THIS 'PROPERTY OWNER EXHIBIT' IS A COMMUNICATION TOOL HARLAN ROAD REALIGNMENT
TO PROVIDE THE AFFECTED PROPERTY OWNER AND RIGHT OF DEDOKKEN
AT ROTH ROAD
WAY PERSONNEL WITH THE GENERAL IMPACTS THE PROJECT
MAY HAVE ON A PARTICULAR PROPERTY. ENGINEERING
PROPERTY OWNER EXHIBIT APN 196-020-14
110 BLUE RAVINE ROAD SUITE 200, FOLSOM CA. 916-858-0642
PORTION TO BE ACQUIRED
The City of Lathrop wishes to acquire a 2,683 square foot permanent public road right of way easement (R/W) from the subject property. This area is located in the west portion of the property, adjacent to S. Harlan Road. This area will be used for the slight widening of the road and frontage improvements (curb, gutter and sidewalk).
In addition, the City wishes to acquire a 1,399 square foot permanent public utility and slope easement (PU&SE) from the subject property. This area is located along the east side of the above R/W easement. This area will be used primarily for utilities and to maintain the slope adjacent to the right of way.
Finally, the City wishes to acquire a 1,398 square foot temporary construction easement (TCE) from the subject property. This area is located adjacent to the proposed PU&SE easement.
This TCE will be used as work area during construction.
The areas to be acquired are shown on the maps on the facing page and following pages.
In addition, there are proposed acquisitions from the small triangular area which is fenced as part of the subject, but shown as part of the adjacent property to the north. Since this area is legally owned by the adjoining property ownership, it has not been included in this appraisal. - PATTISON & ASSOCIATES, INC.
/
LATHROP SANDS
COMMUNITY LIC
11550 S HARLEN RD
DOC#2018-001228
APN: 196-020-13
1"=30' S89'29 ' 24"E
9.45 10' PUE & SE
1399 SQFT ‡
CH=N24'19'53"E N17°26'35'E
146.36' 139.85'
A=006°07'26"
R=1370.00 SANDHU
L=146.43 11616 S HARLEN RD
DOC#2000-22737
APN: 196-020-14
HARLAN RD FQL.01
1398 SQFT I
10' S17°26 ' 35" W
139.88'
_N68º43'50"W (R)
POB
/ ROW
POC PUE, SE TPOB TORRES
& TCE 11672 S HARLEN RI
DOC#2019-085271
89°39 17'7 TPOB- S89º°39'17" E 10.46' APN: 196-020-16
27.82' /10' PUE & SE (38.28' TOTAL)
LEGEND
•GRANT OF PUBLIC ROW EASEMENT#1 2683 SQFT ‡
•DIMENSION POINT
APN... ..ASSESSORS PARCEL NUMBER TINAL LAND
BK... BOOK
PUE...... PUBLIC UTILITY EASEMENT SURVEYUR
PROFE RYAN L
(R).... ...RADIAL BEARING MING
ROW..... RIGHT OF WAY No. 8409
POB.... POINT OF BEGINNING
TPOB....TRUE POINT OF BGINNING WHATE CALREAD
POC.... POINT OF COMMENCEMENT OF
TCE......TEMPORARY CONSTRUCTION EASEMENT
SE.......SLOPE EASEMENT
EXHIBIT B UNICO
APN: 196-020-14 11616 S HARLAN RD ENGINEERING
PORTION OF THE NE 1 SECTION 14, T1S,R6E, MDM 110 BLUE RAVINE RD SUITE 101 | FOLSOM, CA 95630 SHEET 3 OF 3 CITY OF LATHROP. COUNTY OF SAN JOAQUIN, STATE OF CALIFORNIA PHONE: 916.900.6623 | unicoengineering.com View of subject property looking easterly from S. Harlan Road View of subject property looking easterly from gate
PATTISON & ASSOCIATES, INC.
View of area to be acquired in west portion of site looking northerly from driveway View of area to be acquired in west portion of site looking southerly from driveway PATTISON & ASSOCIATES, INC.
View of triangular area fenced as part of subject (northwest portion) View of area to be acquired from triangular area fenced as part of subject looking northerly PATTISON & ASSOCIATES, INC.
VALUATION
VALUATION DISCUSSION
Traditionally, there are three approaches to value. The Cost Approach involves the estimation of the cost to reproduce all improvements as new, deducting depreciation from all causes from this estimated cost, to arrive at a depreciated reproduction cost. To this, the estimated market value of the land is added to arrive at a reliable indication of value. This approach is articularly valid when buildings are new or proposed and are proper improvements for the sit 'he existing improvements are not affected. Thus, only a land value is required. Thus, the Co Approach is not considered applicable and will not be utilized.
The Income Approach considers the present worth of future benefits derived from ownership and is measured through the capitalization of the property's projected income. The appraisal investigation develops a reliable estimate of the net operating income for the property and capitalizes this to an indication of value. This approach requires analysis of land leases to determine the fair market rental rate of the subject site. This data is extremely limited, and in our research, there were no similar vacant sites under lease in which to analyze. Thus, the Income Approach is not considered to be reliable. Therefore, it has not been utilized in estimating the value of the subject property.
The Sales Comparison Approach is contingent upon the availability of comparable properties that have recently sold on the open market. Each sale is analyzed and its attributes compared with the subject property. Differences between each comparable and the subject are then adjusted to arrive at an indicated value from each transaction. The Sales Comparison Approach will be utilized in estimating the market value of the subject site.
Therefore, in estimating the value of the subject property, only the Sales Comparison Approach to value will be utilized.
As stated in the highest and best use section of this report, it is our opinion that the highest and best use of the subject is for light industrial/service commercial use, ideally truck parking.
Thus, to estimate the site value of the subject property, we have searched the surrounding area for sales of similar light industrial/service commercial sites for use as comparable data. We have searched the greater San Joaquin County area for sales and listing data, as there is little data in the immediate vicinity of the subject. We have analyzed the data on the following pages. All have comparability to the subject property.
Once the fee simple value of the subject property is estimated (land only), the appraisers will estimate the value of the portion to be acquired based on the estimated per square foot value of the subject site.
PATTISON & ASSOCIATES, INC.
Subsequently, the appraisers will analyze the remainder in the after condition, considering the acquisition, under the hypothetical assumption that the project has been completed in the manner proposed, to determine if there are any severance damages or benefits accruing to the remainder.
- PATTISON & ASSOCIATES, INC. '
VALUATION
The appraisers have analyzed the 6 sales below to estimate the current market value of the subject site.
Date Size (Ac) Zoning Price Price/SF
Data Location S1,800,000 S16.02
1 3515 S. Hwy 99 W. Frontage Rd Jun-22 2.58 I-L
Stockton
179-090-04
Jul-23 2.64 I $2,200,000 $19.13
2 5161 W. 11th St
Tracy
250-110-02
Jun-22 4.10 CG $2,725,000 $15.26
3 7500 W. 11th St
Tracy
250-150-16,17,18
Jan-23 4.22 CO-CL $2,757,500 $15.00
15800 Golden Valley Pkwy
Lathrop
192-040-59,63
3732 Newton Rd Apr-22 4.85 I-L $3,350,000 $15.86
5 Stockton (net)
132-060-16, 17
16300 McKinley Ave Jun-23 5.00 cS $5,000,000 $22.96
6 Lathrop
198-100-11
Comparable 1 is a 2.58 acre site on the northwest corner of Carpenter Road and the southbound Highway 99 Frontage Road in Stockton. This developed site sold in June 2022 for $1,800,000 or just over $16 per square foot. It is developed for truck parking and has a security fence and gate with kiosk. It was developed for this use prior to the sale. This is a good location for trucking due to its access to Highway 99. It must be considered slightly inferior to the subject in location, due to the subject's location near large warehouse and distribution facilities, but superior in the fact that it was a fully developed site. Thus, it is our opinion that this comparable is similar overall and indicates a value at or near $16.00 per square foot.
Comparable 2 is a 2.64 acre site on the north side of 11" Street at the corner of Lively Road in Tracy. This property sold in July 2023 for $2,200,000 or $19.13 per square foot. It is improved with two structures that were both leased at the time of sale to different occupants. Those occupants remained after the sale and are still occupying the property. It is also used for truck parking. The larger building contributes value to this property as it is a 5,000 s.f. steel building. • PATTISON & ASSOCIATES, INC.
Thus, this property, which has a similar use to the subject's potential use, is considered superior to the subject due to the fact that it does have a viable improvement. Therefore, it indicates a unit value less than $19.13 per square foot for the subject site.
Comparable 3 is at the southwest corner of 11t Street and Chrisman Road in Tracy. This
4.10 acre property sold in June 2022 for $2,725,000 or $15.26 per square foot. It is an irregular shaped property, zoned General Commercial and planned for a truck terminal. This site is west of Comparable 2 and at the western entrance to Tracy on 11" Street. This is a similar use to the subject's highest and best use. This site is farther removed from the primary freeways and thus has an inferior location when compared to the subject.
Comparable 4 is on the west side of the Interstate 5 freeway in Lathrop with access to Golden Valley Parkway. It contains 4.22 acres and sold in January 2023 for $2,757,500 or $15.00 per square foot. It was a "raw site" at the time of purchase and has direct access to Stanford Place which is off Golden Valley Parkway. It has good freeway visibility, but access is indirect to the freeway via the Lathrop/l-5 interchange. This site was purchased to construct a hotel.
Comparable 5 is on Newton Road in northern Stockton between Wilson Way to the northwest and Cherokee to the southeast. It is a 4.85 (net) acre site that sold in April 2022 for $3,350,000 or $15.86 per square foot. It has good freeway access as the Cherokee Lane/Highway 99 interchange is just to the south. However, it is more indirect than the subject. It had an improvement at the time of sale, but it has been removed, thus this was a land sale. The above acreage is net of a small cell tower site along this property's southeast boundary. This property is considered slightly inferior when compared to the subject. It is larger in size, indicating a lower unit value, and is slightly farther removed from the nearby freeway.
Comparable 6 is located on McKinley Avenue, just north of Lathrop Road. This is a 5 acre site purchased by the adjoining property owner, just north of this site. The sales price was $5,000,000 or just under $23 per square foot. The buyer was Chima Freightlines who already owned 5.8 acres to the north and had established a truck headquarters at that location. This company was expanding and needed the extra land. This site had been developed with a shop and other small buildings, but most have been removed since this purchase. This is a similar use to the subject's potential use, and is a good location for trucking. The buyer paid a premium for this site as it is more valuable to him than others because of his situation and the fact that this property is adjacent to his existing facility.
The data above in our opinion is the most pertinent available to arrive at a fair market value for the subject property. The subject property is a 3.43 acre light industrial site on Harlan Road, which is the eastern frontage road along Interstate 5. It is zoned industrial, and its present use and PATTISON & ASSOCIATES, INC.
its highest and best use are for truck parking. It has an older residential improvement in the front portion of the property, but it is not affected by the acquisition and thus, we are only valuing the land. The data above indicates four sales from $15.00/s.f. to $16.03/s.f. and two sales from $19.13 to just under $23 per square foot. Comparable 6 is larger than the subject but was developed for truck parking and was purchased by the adjoining owner, an expanding trucking company. It is in Lathrop and near the subject property, and zoned commercial, though farther removed from the freeway. They paid a premium to get the additional land which adjoined their existing facility.
Comparable 2 is a similar property when compared to the subject, located on the eastern extremity of Tracy, but has a building that contributes to the value of the property. These two comparables are considered superior to the subject when compared on a unit basis. Comparables 3, 4 and 5 are considered inferior to the subject. Comparable 3 is in Tracy, just west of Comparable 2, but is a vacant site purchased for truck parking, but further from freeway access. Comparable 4 is near the subject but in an area that is still "raw" and will need infrastructure prior to development. It is also further removed from freeway access. Comparable 5 is in Stockton, has similar zoning and a similar use or proposed use. It had an old residence, and overall is very similar to the subject, but further removed from freeway access. Comparable 1 is also in Stockton and is considered similar overall. Based on our analysis, it is our opinion that the subject property has a unit value of $16.00 per square foot. This amounts to $2,390,500 (rounded) for the subject site, which is within the range of our comparable data.
Value of Portions to be Acquired
The City of Lathrop wishes to acquire 2,683 square feet in permanent public road right of way easement (R/W) from the subject property. This area is located in the west portion of the property and will be used for roadway, curb, gutter, and sidewalk improvements. This area appears to be unencumbered. Although it is being purchased in permanent easement, and the ownership will continue to own the underlying fee interest, it is our opinion that this easement fully encumbers this area as the ownership will have no use of this area. Thus, it is our opinion that 100% of the fee simple value should be applied to the permanent road right of way easement area. Based on our above valuation, the value of the area to be acquired in permanent public road right of way easement is as follows:
Permanent Public Road Right of Way Easement - 2,683 SF
2,683 SF × $16.00/SF x 100% = $42,928.00
In addition, the City wishes to acquire a 1,399 square foot permanent public utility and slope casement (PU&SE) from the subject property. This area is located along the east side of the above RW easement. This area will be used primarily for utilities and to maintain the slope adjacent to the right of way.
PATTISON & ASSOCIATES, INC.
As the PU&SE is an easement, the ownership will retain the underlying fee simple rights, but the easement itself encumbers nearly all of the rights to this area. The City of Lathrop will have the right to install utilities above ground or below ground, and maintain the slope adjacent to the fee simple right of way. The ownership will still be able use the area for landscaping, and parking if the slope allows. It is our opinion that, based on the rights being acquired, 90% of the full fee simple value is appropriate for this proposed easement. Based on our above valuation, the value of the area to be acquired in permanent public utilities and slope easement is as follows:
Permanent Public Utility and Slope Easement - 1,399 SF
1,399 SF x $16.00/SF x 90% = $20,145.60
Value of Temporary Construction Easement
The City of Lathrop also wishes to acquire a 1,398 square foot temporary construction easement (TCE) from the subject property. This TCE is located adjacent to the proposed PU&SE easement. This area will be used as work area during construction of the road realignment project.
The value of this temporary easement will be estimated by a rental charge for a 5-year period. The rent will be based on a percent of the value or return on investment by the owner.
Economic indicators taken from Bankrate.com and from information provided by Mortgage Companies indicate the prime rate at 8.5% and mortgage rates are currently between 6% and 8% in the area. In addition, we have researched Market Capitalization Rates for income producing properties throughout the area and have found that 6.5% is fairly typical in this market.
To calculate the fair market rent based on the above Capitalization Rate, one would multiply the value per square foot by the rate to get the annual rental rate per square foot. During the rental period, the contractor will be using the property in a way that is not compatible with the present use. We have used a 10% rate of return for this temporary construction easement as this is higher than the rate for an entire income producing property, but is considered a reasonable rate of return on a real estate investment and the temporary easement is over a small portion of the site. As stated, the TCE will contain 1,398 square feet. It is our understanding that the ownership will have no use of this area during construction. Thus, the entire area will be considered for payment and/or rent. The estimated value of the temporary easement is as follows:
1,398 SF x $16.00/SF x 10%/year = $2,236.80/year
$2,236.80/year x 5 years = $11,184.00
PATTISON & ASSOCIATES, INC.
Value of Improvements
The only improvement affected is fencing. The affected fencing will be reconstructed by the contractor.
Severance Damages
We have analyzed the subject property in the after condition, under the hypothetical assumption that the project has been completed in the manner proposed. The subject property is a former residential property that has been converted to truck parking. The acquisition for the proposed project is along the west boundary and will be used for frontage improvements. The remainder will contain 3.34 net acres and will have excellent access along the frontage road. Once the project is complete, this area will have better traffic flow and will likely see more commercial development to the north between the new frontage road and Roth Road, and more truck parking and logistics to the south. Therefore, it is our opinion that the remainder will have at least the same unit value, and may have a higher unit value in the after condition. Therefore, it is our opinion that there are no severance damages accruing to the remainder of the subject property.
Benefits
It is our opinion that the proposed project will likely benefit the remainder, as the project will provide superior traffic flow around the freeway intersection to the north, and will improve the frontage along the subject's west boundary. Road improvement projects typically enhance values of properties, and will likely enhance the value of the subject site. However, in California, benefits can only offset severance damages. Since there are no severance damages accruing to the remainder, we have not attempted to measure benefits.
Construction Contract Work
The contractor will reconstruct any affected fencing and will conform the driveway/road approach to the new roadway. The cost of this will be provided by the contractor. - PATTISON & ASSOCIATES, INC.
Just Compensation
Based on the above valuation and analysis, the total just compensation due to the property owner as a result of the proposed acquisition is as follows:
Value of Entire Property in Before Condition:
3.43 Acres @ $16.00/SF = $2,390,500
Value of Area to be Acquired:
Permanent Public Road Right of Way Easement - 2,683 SF
2,683 SF x $16.00/SF x 100% $42,928.00 $42,928.00
Permanent Public Utility and Slope Easement - 1,399 SF
1,399 SF × $16.00/SF × 90% $20,145.60 $20,145.60
Value of Remainder as Part of the Whole: $2,327,426
Estimated Value After Acquisition
Before Considering Benefits: = $2,327,426
Severance Damages ($2,327,426 - $2,327,426) $0.00
Less Benefits (Not Calculated) : $0.00
Net Damages: $0.00 $0.00
Site Improvements (Not affected) = $0.00 $0.00
Temporary Construction Easement: S11,184.00 $11,184.00
Total Estimated Compensation: = $74,257.60
ROUNDED TO: $74,300
- PATTISON & ASSOCIATES, INC.
ADDENDA
COMPARABLE DATA MAP
Z Lincoln 18
Village
Rindge Tract
Pacific Akers 88
Lane
13 i March Ln E Alpine: Ave Orford Walthal
August
El Pinal
Country
Slub Garden
Stockton Pai aks Acres
Mormon-
The Homestead
Kennedy
Collegeville
Gillis
J5
Roberts Rd
Ortega J7
Stockton Arch Rd
Roberts Metropolitan
Island + Airport Burnham
Dorado
French Camp
Howard Rd W Howard Rd
CALIYORNIA
Subject Property
11616 S. Harlan Road
Lathrop, CA
Junction
J9
S A N Q U: N
Union Island . Summer Home
33 Lathrop Rd E Lathrog Rd
Five Corners
E Louise
Atlanta
Lathrop
Manteca
120
West Manteca
a... 120 г!
Mossdale
Calla
99 J4 Bardi
Banta
Ripon
Breach
Tracy
Cochrane
W Schulte Rd
O mi 2 4
Atlas North America are trademarks of Tele Allas, Inc2012 by Applied Geographic Solutions. All rights reserved. Portions Copyright 2012 by Woodall Publications Corp. All rights reserved.
COMPARABLE NO. 1
McCLEARY'S SUBDIVISION
2:41 25
ASKIN
21 AS - IC NO. 99
13 * 42 HIGHWAY
20S MS MET
***-
ROUTE
(34.307
1246 AS 461
(59301 STATE
185600;
5730 ROAD
CARPENTER
03 Pg. 04
2260F
COMPARABLE NO. 1
COUNTY: San Joaquin
A.P.N.: 179-090-04
GRANTOR: GHG Investments, LLC
GRANTEE: Run Roadlines, Inc
LOCATION: 3515 South State Rte 99 W. Frontage Road, Stockton DATE OF SALE: 5-15-2022 (approx.)
RECORDING DATE: 6-22-2022 (#076861)
SELLING PRICE: $1,800,000
Ist MORTGAGE:
2nd MORTGAGE: -.
DOWN PAYMENT: $1,800,000
PARCEL SIZE: 2.58 Acres
ZONING: I-L
PRICE/SF: $16.02
UTILITIES: All utilities to the site
TOPOGRAPHY: Level (finished site)
ACCESS: Carpenter Road, off Highway 99
VEGETATIVE COVER: None
WATER: Public
Property is at the northwest corner of Carpenter Road and the COMMENTS:
VERIFIED: San Joaquin County Assessor; County Records
DATE INSPECTED: 4-12-2024
BY: Dwight Pattison
Michael Pattison
PATTISON & ASSOCIATES, INC.
COMPARABLE NO. 2
POR. S.E. 1/4, SEC. 24, T.2S.R.5E., M.D.B.&M.
65/ 30
STREET
p05)
2 60
Y ELEVENTH -LovEir -=
COMPARABLE NO. 2
COUNTY: San Joaquin
A.P.N.: 250-110-02
GRANTOR: Robert & Lutricia Strong Trust
GRANTEE: Ramanjit Singh
LOCATION: 5161 11* Street, Tracy
DATE OF SALE: 6-15-2023 (approx.)
RECORDING DATE: 7-26-2023 (#058562)
SELLING PRICE: $2,200,000
1st MORTGAGE: --
2nd MORTGAGE: -.
DOWN PAYMENT: $2,200,000
PARCEL SIZE: 2.64 Acres
ZONING:
PRICE/SF: $19.13
UTILITIES: All utilities to the site
TOPOGRAPHY: Level (finished site)
ACCESS: 11th Street
VEGETATIVE COVER: None
WATER: Public
Property is improved with two structures, one of which is COMMENTS:
substantial and contributes to the value of the property. Both were leased to different tenants and those tenants remain today.
This site is at the eastern extremity of Tracv. just outside city limits.
VERIFIED: Daniel Buffington, broker; County Records
DATE INSPECTED: 4-24-2024
BY: Dwight Pattison
Michael Pattison
PATTISON & ASSOCIATES, INC.
COMPARABLE NO. 3
POR. SEC. 27, T.2S. R.5E., M.D.B.&M.
22/
STREET I
ELEVENTH (STATE HWY. U.S. 50)-
€=130.00 21159
26 01010
не 30° 15)
20в.71
10.0E
13150*
154 17
0545
35 28)
* 55 4C 22
X8 71
RD.
185 AS
38 80.00 23
122
39 13 43
20071
13005°
САВЕ ROAD
21 083
145
8888 32233
D M
COMPARABLE NO. 3
COUNTY: San Joaquin
A.P.N.: 250-150-16, 17,18
GRANTOR: Navarra Family, LLC
GRANTEE: Blackhawk Management Group, LLC
LOCATION: 7500 11h Street, Tracy
DATE OF SALE: 5-15-2022 (approx.)
RECORDING DATE: 6-9-2022 (#072300)
SELLING PRICE: $2,725,000
Ist MORTGAGE: -
2nd MORTGAGE: -.
DOWN PAYMENT: $2,725,000
PARCEL SIZE: 4.10 Acres
ZONING: CG
PRICE/SF: $15.26
UTILITIES: All utilities to the site
TOPOGRAPHY: Level (finished site)
ACCESS: 11th Street, Chrisman Road
VEGETATIVE COVER: None
WATER: Public
Property is in the southwest corner of the Chrisman Road/11' COMMENTS:
Street intersection. Access is from both streets. Property was Time or sale. Was pandad by a group that plans to develope Suheil Sahouria, broker; County Records
VERIFIED:
DATE INSPECTED: 4-12-2024
BY: Dwight Pattison
Michael Pattison
PATTISON & ASSOCIATES, INC.
COMPARABLE NO. 4
28, T.15.A.GE., M.D.B.&M. •POR. LAND PARK AT LATHROP • PHASE 1 TRACT NO. 3533
STANFORD PLACE THOMSEN ROAD
STREET 58 mr
AAR 59 04. 1)
BOULEVARD
MONASTERY
PARS
ORIVE PARKWAY 63)
GOL 61 14
TEŠTAROSSA COAST 10)
Armstrong
TERRY ROAD 42)
LANE
DRAKES COVE
DRIVE LOT 10
MAVERICKS VALLEY •5g; -50)
STREET.
22 ROUTE SHOWLO LN.
DRIVE
LOT 3 SAGUARO LANE TUMBLEWEED IN
MAUBU BANDON 74.
73 LOT
SEDONA
64 62
GOLDEN PAR A RIEGER DRiVE
8-310-3
66 HARLAN ROAD
INTERSTATE HARLAN ROAD'
PAR 2 ESPAR
ADOBE CT. 48 149
48 ISLANDS PARKWAY -LOUISE "AVENUE
RIVER
COMPARABLE NO. 4
COUNTY: San Joaquin
A.P.N.: 192-040-59,63
GRANTOR: Lathrop Land Acquisition, LLC
GRANTEE: SANN Hospitality
LOCATION: 15800 Golden Valley Parkway, Lathrop
DATE OF SALE: 12-15-2022 (approx.)
RECORDING DATE: 1-6-2023 (#001458)
SELLING PRICE: $2,757,500
1st MORTGAGE: -
2nd MORTGAGE: -.
DOWN PAYMENT: $2,757,500
PARCEL SIZE: 4.22 Acres
ZONING: CO-CL
PRICE/SF: $15.00
UTILITIES: All utilities to the site or being developed TOPOGRAPHY: Generally Level
ACCESS: Stanford Place, off Golden Valley Parkway
VEGETATIVE COVER: None
WATER: Public (when developed)
COMMENTS: Property is in developing area on west side of Interstate 5, south of Lathrop Road and north of Louise Avenue. This property will be developed with a hotel.
VERIFIED: John Schotz, seller's rep; County Records
DATE INSPECTED: 4-12-2024
BY: Dwight Pattison
Michael Pattison
PATTISON & ASSOCIATES, INC.
COMPARABLE NO. 5
CRAIG TRACT
STEVENSON AVENUE WILCOX N
NEY
ROAD
HIGHWAY
E34 ACE. NEI
CALLOWAY ROAD
16 CHEROKEE
: 6.
• MACE
AD ART
IACS
ROUTE ROAD:
ROAD
13%
•12
NO 99
COMPARABLE NO. 5
COUNTY: San Joaquin
A.P.N.: 132-060-16, 17
GRANTOR: GH 3732 Newton Road, LLC
GRANTEE: Sharks Holdings, LLC
LOCATION: 3732 Newton Road, Stockton
DATE OF SALE: 4-1-2022 (approx.)
RECORDING DATE: 4-29-2022 (#054944)
SELLING PRICE: $3,350,000
1st MORTGAGE: -
2nd MORTGAGE: -.
DOWN PAYMENT: $3,350,000
PARCEL SIZE: 4.85 Acres (Net)
ZONING: IL
PRICE/SF: $15.86
UTILITIES: All utilities to the site
TOPOGRAPHY: Level
ACCESS: Newton Road
VEGETATIVE COVER: None
WATER: Public
COMMENTS: Newton Road runs between Wilson Way to the northwest and Cherokee Lane to the southeast. Property is net of a small cell wer site along its southeast boundary. Property is near lar arehouses and the Bobcat Sales dealership. Interchange ‹ Highway 99 is just south at Cherokee Lane.
VERIFIED: Steve Dunn, Cushman & Wakefield; County Records DATE INSPECTED: 4-24-2024
BY: Dwight Pattison
Michael Pattison
PATTISON & ASSOCIATES, INC.
COMPARABLE NO. 6
POR. SEC. 25 & 26 T.1S. R.6E., M.D.B.&M.
+ POR. SOUTHERN PACIFIC ADDITION
* POR. SOUTHERN PACIFIC ADDITION (AMENDED)
(1) |=l
5653
08 13
RAIRONO
SAL AS NET
•
J L L
POO
180
8 300 7 Г
PACIFIC 01) 23
LOUISE - • AVENUE
101 F - P U 11 Pg 163
88 095 Bx 07 129 24 Pa 036
116 G - R S
11 Pr H- R M 8k 02 Pg 047 & RM 8x. 25 Pg 026
122 042
14 Pg 00.3 4Bx. 23 Pq
COMPARABLE NO. 6
COUNTY: San Joaquin
A.P.N.: 198-100-11
GRANTOR: Dilbagh Singh
GRANTEE: Harman Cheema
LOCATION: 16300 McKinley Ave., Lathrop
DATE OF SALE: 6-1-2023 (approx.)
RECORDING DATE: 6-12-2023 (#046069)
SELLING PRICE: $5,000,000
Ist MORTGAGE: -
2nd MORTGAGE:
DOWN PAYMENT: $5,000,000
PARCEL SIZE: 5.0 Acres
ZONING: C S
PRICE/SF: $22.96
UTILITIES: All utilities to the site or being developed TOPOGRAPHY: Generally Level
ACCESS: McKinley Avenue
VEGETATIVE COVER: None
WATER: Public
COMMENTS: Property is just north of Louise Avenue. It was purchased by the owner of the adjoining property to the north to make an addition Li his and i expanding fe paid pre i China Fract
roperty and it was on the market 20 day
VERIFIED: Gary Singh, seller's rep; County Records
DATE INSPECTED: 4-12-2024
BY: wight Pattisc
lichael Pattiso
PATTISON & ASSOCIATES, INC.
ayor Kathrop
390 Towne Centre Dr. - Lathrop, CA 95330
Public Works Department
Phone (209) 941-7430 - Fax (209) 941-7449
www.cilathrop.ca.us
February 23, 2024
Balwant Singh Sandhu
1623 Bellaterra Dr
Manteca, CA 95337
RE: Harlan Road Realignment at Roth Road Project
Site Address: 11616 S Harlan Road, Lathrop, CA 95330 (APN: 196-020-140) Dear Property Owners:
The City of Lathrop proposes to realign Harlan Road by shifting the intersection of Harlan Road and Roth Road approximately 600ft to the east. Dokken Engineering has been retained by the City to acquire, on their behalf, the right-of-way required for the Harlan Road Realignment at Roth Road Project. Your property referenced above is within the project area and a portion may be required for the project. If acquired, you will receive fair market compensation.
Dokken Engineering has retained the real estate appraisal firm, Pattison & Associates, Inc., to provide a professional real estate appraisal of the right-of-way requirement for your property. As part of the appraisal process, it will be necessary for the appraiser to conduct an inspection of your property to aid in the determination of compensation. You or your representative may accompany the appraiser on this inspection if preferred. Under applicable law, you are entitled to meet with the appraiser at the time of the property inspection, as you may have information that will be valuable to the appraiser. Likewise, the appraiser can answer questions you may have about the appraisal process.
We have enclosed an informative booklet titled "Your Property/Your Transportation Project," which provides answers to questions owners frequently ask concerning land acquisition procedures.
All services and/or benefits to be derived from any right of way activity will be administered without regard to race, color, national origin, or sex, in accordance with Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d, et seq.) and Section 62(a) of the Federal Highway Act of 1973(23 U.S.C. 324). Enclosed for your information are a copy of Title VI Statutes and Regulations, a copy of the Title VI Complaint Process, and a booklet entitled "Caltrans and You," which provides additional information.
While the City has decided to appraise your property, the decision to acquire your property has not yet been made. This notice does not constitute an offer to purchase your property, nor does it establish eligibility for you or your occupant for relocation assistance or relocation payments.
The property inspection will take place on Friday, March 15th, 2024. You can contact the appraiser to arrange a time for the inspection of your property. The appraiser's contact information Pattison & Associates, Inc.
Mike Pattison
(916) 714-3010
Additionally, Dokken Engineering's Acquisition Agents are available to attend this meeting to address any concerns and provide additional information about the project. If you would like an agent from Dokken Engineering to be present at your meeting with the appraiser, please contact Jason Andrews at (916) 208-4278.
After completion of the appraisal, Dokken Engineering's Acquisition Agent will set up an appointment with you to discuss the following steps regarding the acquisition of the portion of your property required for this project.
Thank you for your cooperation and assistance in this matter.
Sincerely,
Brad 1 ylor, PE/TE
City Engineer
ATTACHMENTS
Location Map
Booklet "Your Property/Your Transportation Project"
Title VI Package
EXHIBIT "A"
APN: 196-020-14
LEGAL DESCRIPTION
All that real property situated in the City of Lathrop, County of San Joaquin, State of California, being a portion of Lot 2 in the Northeast Quarter of Section 14, Township 1 South, Range 6, East, Mount Diablo Base and Meridian, as described in the Grant Deed to Balwant Singh recorded in Document No. 2000-22737, Official Records of the County of San Joaquin, more particularly described as follows:
Grant of Public Right of Way Easement
Beginning at the Southwest corner of said Balwant Singh Grant Deed, being the intersection of the South line of said Grant Deed and the Easterly Right of way for Harlan Road; thence leaving said Point of Beginning along said Easterly Right of Way along a non-tangent curve to the right, having a radius of 1370.00 feet and a radial bearing of North 68°43'50" West, through a central angle of 06°07'26" an arc length of 146.43 feet to the Northerly line of said Grant Deed; thence along said Northerly line South 89°29'24" East, 9.45 feet; thence leaving said line South 17°26'35" West, 139.88 feet to the Southerly line of said Grant Deed; thence along said Southerly line North 89°39'17" West,
27.82 feet to the Point of Beginning, containing 2683 square feet more or less.
Public Utility and Slope Easement
A strip of land 10 feet in width parallel with and coincident with the above described Right of Way the Westerly line thereof described as follows:
Commencing at a the Southwest corner of said Balwant Singh Grant Deed, being the intersection of the South line of said Grant Deed and the Easterly Right of way for Harlan Road; thence leaving said Point of Commencement along the Southerly line of said Grant Deed South 89°39'17" East, 27.82 feet to the True Point of Beginning; thence leaving said boundary line North 17°26'35" West, 139.88 feet to the North line of said Grant Deed and the Point of Termination, containing 1399 square feet more or less.
Temporary Construction Easement
A strip of land 10 feet in width parallel with and coincident with the above described Public Utility Easement the Westerly line thereof described a follows:
Sheet lof 3
EXHIBIT "A"
APN: 196-020-14
LEGAL DESCRIPTION
Commencing at a the Southwest corner of said Balwant Singh Grant Deed, being the intersection of the South line of said Grant Deed and the Easterly Right of way for Harlan Road; thence leaving said Point of Commencement along the Southerly line of said Grant Deed South 89°39'17" East, 38.28 feet to the True Point of Beginning; thence leaving said boundary line North 17°26'35" West, 139.85 feet to the North line of said Grant Deed and the Point of Termination, containing 1398 square feet more or less.
See Exhibit "B" attached hereto and made a part of this description.
End of description
The Basis of Bearings is identical to the City of Lathrop control network established from found monuments.
The sidelines of described strips of land are to be shortened or elongated as to begin and end on the boundary lines of said property.
This description has been prepared by me or under my direct supervision in conformance with the Professional Land Surveyors' Act.
Ryan L. Ming P.L.S. 8409 Date
LAND
APROFESSIINT SURVEY
RYAN MANG
STATE CALIFORNIA
Sheet 2of 3
/
LATHROP SANDS
COMMUNITY LIC
11550 S HARLEN RD
DOC#2018-001228
APN: 196-020-13
1" = 30' _ S89°29'24" E
9.45 10' PUE & SE
1399 SQFT I
CH=N24º19'53"E N17°26 '35"E
146.36' 139.85
4=006°07'26"
R=1370.00
L=146.43 SANDHU
11616 S HARLEN RD
DOC#2000-22737
APN: 196-020-14
HARLAN RD 10'TCE
1398 SQFT I
517°26'35"
139.88'
_ N6843'50"M (R) 10'
POB
ROW
POC PUE, SE TPOB TORRES
& TCE 10' TCE 1672 S HARLEN R.
N89'39'17" W TPOB OC#2019-08527
27.82° S89º39'17" E 10.46' APN: 196-020-16
LEGEND /10' PUE & SE (38.28' TOTAL)
]GRANT OF PUBLIC ROW EASEMENT#1 2683 SQFT I
..DIMENSION POINT
APN ..ASSESSORS PARCEL NUMBER LAND
BK... ...BOOK SIONAL
PUE..... PUBLIC UTILITY EASEMENT
(R)..... RADIAL BEARING RYAN L
ROW..... RIGHT OF WAY ROF MING
POB....POINT OF BEGINNING No. 8409
TPOB....TRUE POINT OF BGINNING
POC... POINT OF COMMENCEMENT STATE CALIFURNIA
•TEMPORARY CONSTRUCTION EASEMENT OF
SE . SLOPE EASEMENT
EXHIBIT B
UNICO
APN: 196-020-14 11616 S HARLAN RD
ENGINEERING
PORTION OF THE NE 1 SECTION 14, T1S,R6E, MDM
SHEET 3 OF 3 CITY OF LATHROP. COUNTY OF SAN JOAQUIN, STATE OF CALIFORNIA 110 BLUE RAVINE RD SUITE 101 | FOLSOM, CA 95630 PHONE: 916.900.6623 | unicoengineering.com
CLTA Preliminary Report Form Order Number: 5405-6134807 (Rev. 11/06) Page Number: 1
First American Title
First American Title Company
211 East Caldwell Avenue
Visalia, CA 93277
Order Number: 5405-6134807 ()
Escrow Officer: Ann Kay
Phone: (559)306-3387
Fax No.: (866)590-2169
E-Mail: [email protected]
E-Mail Loan Documents to: [email protected]
Buyer: Dokken Engineering
Owner: Balwant Singh Sandhu
Property: 11616 South Harlan Road
Lathrop, CA 95330
PRELIMINARY REPORT
terest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance no 2own or referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions an he printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set forth i hibit A attached. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that st forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Limitations on Covered Risks applicable to the CLTA and ALTA Homeowner's Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Exhibit A. Copies of the policy forms should be read. They are available from the office which issued this report. covered under the terms of the title insurance policy and should be carefully considered.
It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land.
This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested.
First American Title
Order Number: 5405-6134807
Page Number: 2
Dated as of January 14, 2020 at 7:30 A.M.
The form of Policy of title insurance contemplated by this report is:
To Be Determined
A specific request should be made if another form or additional coverage is desired.
Title to said estate or interest at the date hereof is vested in:
BALWANT SINGH SANDHU, AN UNMARRIED MAN
The estate or interest in the land hereinafter described or referred to covered by this Report is:
FEE
The Land referred to herein is described as follows:
(See attached Legal Description)
At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said policy form would be as follows:
General and special taxes and assessments for the fiscal year 2020-2021, a lien not yet due or payable.
General and special taxes and assessments for the fiscal year 2019-2020.
First Installment: $2,004.02, PAID
Penalty:
Second Installment: $2,004.02, OPEN
Penalty: $0.00
Tax Rate Area: 007046
A. P. No.: 196-020-140-000
Taxes and assessments for the RECLAMATION 17 District, which are collected with the county taxes.
Taxes and assessments, if any, of the RECLAMATION DISTRICT NO. 17 PHASE III. Report to follow.
5. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code.
First American Title
rage Number: 5405-6134807
6. A Deed of Trust to secure an original indebtedness of $237,650.00 recorded NOVEMBER 19, 2012 as INSTRUMENT NO. 2012-151024 of Official Records.
Dated: NOVEMBER 02, 2012
Trustor: BALWANT SINGH SANDHU, A MARRIED MAN AND LAKHVINDER SANDHU, HIS WIFE Trustee: ORANGE COAST TITLE CO.
Beneficiary: Mortgage Electronic Registration Systems, Inc., as nominee for QUICKEN LOANS INC., A CORPORATION
7. Any right, title or interest of LAKHVINDER SANDHU, as disclosed by the document recorded NOVEMBER 19, 2012 as INSTRUMENT NO. 2012-151024 of Official Records.
8. Rights of the public in and to that portion of the Land lying within any Road, Street, Alley or Highway.
Rights of parties in possession.
First American Title
Order Number: 5405-6134807
Page Number: 4
INFORMATIONAL NOTES
Note: The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than the certain dollar amount set forth in any applicable arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. If you desire to review the terms of the policy, including any arbitration clause that may be included, contact the office that issued this Commitment or Report to obtain a sample of the policy jacket for the policy that is to be issued in connection with your transaction.
According to the latest available equalized assessment roll in the office of the county tax assessor, there is located on the land a(n) MULTI FAMILY RESIDENCE known as 11616 SOUTH HARLAN ROAD, LATHROP, CALIFORNIA.
2. According to the public records, there has been no conveyance of the land within a period of twenty- four months prior to the date of this report, except as follows:
None
The map attached, if any, may or may not be a survey of the land depicted hereon. First American expressly disclaims any liability for loss or damage which may result from reliance on this map except to the extent coverage for such loss or damage is expressly provided by the terms and provisions of the title insurance policy, if any, to which this map is attached.
First American Title
Order Number: 5405-6134807
age Number:
LEGAL DESCRIPTION
Real property in the City of Lathrop, County of San Joaquin, State of California, described as follows:
A PORTION OF LOT TWO [2] OF SECTION 14, TOWNSHIP 1 SOUTH, RANGE 6 EAST, MOUNT DIABLO BASE AND MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO-WIT:
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 14; THENCE EAST ALONG THE NORTH LINE OF SAID SECTION 14, 3110.24 FEET TO THE EASTERLY LINE OF THE MOSSDALE ROAD, NOW STATE HIGHWAY; THENCE SOUTH 11° 51' WEST 40.87 FEET TO A POINT IN THE SOUTH LINE OF THE J. X. ROAD; THENCE ALONG THE EASTERLY LINE OF MOSSDALE ROAD SOUTH 11º 51' WEST 1044.5 FEET TO THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED TRACT:
THENCE ALONG THE EASTERLY LINE OF SAID MOSSDALE ROAD, SOUTH 11° 51' WEST 136.4 FEET; THENCE EAST 1158.5 FEET TO A POINT IN THE EAST LINE OF SAID LOT 2; THENCE ALONG THE EAST LINE OF SAID LOT 2, NORTH 1º 56' WEST 133.5 FEET; THENCE WEST 1126.0 FEET TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM THAT PORTION THEREOF CONVEYED TO THE STATE OF CALIFORNIA BY GRANT DEED RECORDED DECEMBER 22, 1967, BOOK 3175, PAGE 56, OFFICIAL RECORDS.
APN: 196-020-140-000
First American Title
THIS MAP IS FOR 196-02
POR. N.E.1/4 SEC. 14, T. 1S.R.6E., M.D.B.&M. ASSESSMENT USE ONLY (Bk.
193)
ROTH ReAD
1MMi sax Erase
6 166 AC
ON
Bk. ®
191) си/
® 366 4C
® 423 KC
# 3434C
@ 10BX
MANILA ROAD HOMEST APN. USED
.. "
191)
Page Number: 6 Order Number: 5405-6134807
CITY OF LATHROP
Assessor's Map Bk. 196 Pg.02
County of San Joaquin, Calif.
QUALIFICATIONS
Pattison & Associates, Inc. is an appraisal firm, consisting of Dwight and Michael Pattison, which provides appraisal reports on a wide variety of properties, including residential, commercial, industrial, agricultural, recreational and special purpose uses. We also are experienced in the appraisal of rights of way for roads, utilities, erosion projects, redevelopment projects and other purposes.
Dwight Pattison began his appraisal career in 1966 with the California Division of Highways, now Caltrans (District 3 office) and also worked for the Real Estate division of the State Department of General Services. Dwight is a 1966 graduate of Chico State University with a bachelor's degree in Business Administration. He obtained a certificate in real estate from UCLA in 1971. He left the State in 1984 to open his own appraisal firm, then joined Duncan, Duncan & Associates, Inc., as a partner in 1987 and remained through 1991. Dwight is a senior member of the International Right of Way Association and past president of the Sacramento Chapter. He has been a member of the International Executive Committee, serving as International President from 1999 to 2000. He has been chosen "Professional of the Year" four times, in 1980, 1990, 1991 and 2000. Dwight has been published in Right of Way Magazine on "The Valuation of Easements" Dwight received his appraisal certification from the State of California, Office of Real Estate Appraisers, as a Certified General Appraiser. He is certified through September 11, 2024. He is a qualified expert witness in San Joaquin, Sacramento, Yolo, Mendocino, Santa Cruz, El Dorado, Placer and Contra Costa Counties.
Michael Pattison is a graduate of the University of California, Santa Barbara with a degree in Business Economics. He started his appraisal experience working as an assistant in 1984. Since then he has experience working in appraisals of single-family residences, commercial and other types of properties plus both easements and fee acquisition appraisals for rights of way and other public projects. He is a senior member of the Sacramento Chapter of the International Right of Way Association and is a Past President. He received his SR/WA designation in November 1997 and was voted "Member of the Year" in 1998 and "Professional of the Year" in 2002 and 2003.
He also received the Frank C. Balfour "Professional of the Year" Award from the IR/WA in 2004.
He is also an Associate Member of the Sacramento Sierra Chapter of the Appraisal Institute.
Michael received his appraisal certification from the State of California, Office of Real Estate Appraisers, as a Certified General Appraiser. He is certified through May 10, 2024.
Pattison & Associates, Inc. Clients include:
United States Government
Federal Highway Administration Natural Resource Conservation Service U.S. Army Corps of Engineers
State of California
California Tahoe Conservancy Caltrans
Department of General Services Department of Water Resources University of California Wildlife Conservation Board
State of Nevada
Department of Transportation
Local Governments
Alpine County Amador County Trans. Commission
Calaveras County Colusa County
El Dorado County Placer County
Plumas County Sacramento County
San Joaquin County Yolo County
Yuba County Nevada County Trans. Commissior
San Joaquin Council of Governments City of Citrus Heights City of Davis City of El Cerrito
City of Elk Grove City of Folsom
City of Galt City of Jackson
City of Lathrop City of Lodi
City of Placerville
City of Rancho Cordova
City of Roseville
City of Stockton City of San Matec
City of Vacaville City of West Sacramento
City of Woodland City of Yuba City
Town of Loomis
Town of Truckee
Districts
Amador Water Agency Buckeye Union School District
Central Contra Costa Sanitary District Cosumnes Community Services District Citrus Heights Water District Dry Creek Community Services District El Dorado Union High School District Elk Grove Water District Pescadero Reclamation District Reclamation District 1601 Rescue Union School District Sacramento Area Flood Control Agency Sacramento Area Sewer District Sacramento Regional Co. Sanitation Dist.
Sacramento Regional Transit District Sacramento Suburban Water District Sacramento Transit Dev. Agency Santa Clara Valley Water District Tahoe City Public Utility District Tahoe Truckee Unified School District West Contra Costa Wastewater District Yuba County Water Agency Utilities
American Telephone & Telegraph Golden State Water Company Pacific Gas & Electric Company Sacramento Municipal Utility District Western Hub Properties
Legal Firms
DeMetrion, Del Guercio, Springer & Moyer Doyle & Associates Freeman, D'Aiuto, Pierce, Gurev, Keeling & Wolf Herman Fitzgerald & Associates Hyde, Miller & Owen Oliver, Vose, Sandifer, Murphy & Lee Law Offices of William Wright
Corporations
3M Corporation Aerie Construction
American Land Conservancy American River Conservancy
California Conservation Fund California FFA Corporation California Natural Products California Prune Packing Company California Waterfowl Association Capitol Avenue Development, LLC The Fremont Group Hamner, Jewell & Associates
Holman Investors K. Hovnanian Homes
Los Rios Farms Nature Conservancy
Overland, Pacific & Cutler Paine Webber Acquisitions
Paragon Partners, Ltd. Placer Land Trust
R.C. Collett, Inc. Richards Land & Cattle
Sacramento Sunset Ltd Sacramento Valley Conservancy
Shell Oil Company/Equillon Corp. Trust for Public Land
Universal Field Services USA Properties Fund, LLC.
Wickland Pipelines, LLC. Wildlands, Inc.
Winn Communities Yolo Land Trust
Engineering Firms
Andregg Geomatics Boyle Engineering
Dokken Engineering Domenichelli & Associates
Gene Thorne & Associates HDR Engineering
KASL Engineering DR Erme i Co Enginerine.
Martin, Rivett & Olson Psomas and Associates
Sauers Engineering
Assignments Include:
Twitchell and Bradford Island Auburn Boulevard Widening Project Sherman Island Project Folsom Boulevard Widening Project Los Banos Grandes Reservoir Project Freedom Park Drive/Watt Avenue Project Richmond Parkway Project Marconi Avenue Sidewalk Project Calvine Road, SR 99 Interchange Project North Natomas Levee Project Foresthill Road Widening Project South Watt Ave Soundwall Project Elk Grove Blvd, SR 99 Interchange Project Highway 99/Elverta Road Interchange Project Tahoe City Improvement Project Markham Ravine Bridge Replacement Project Greenback Lane Widening Project White Rock Road Realignment Project Elkhorn Boulevard/1-80 Interchange Project Arden Way Sidewalk Project Magpie Creek Improvement Project Sawmill Road Erosion Control Project Plumas Ave Extension, Yuba City Christmas Valley Erosion Control Project Sylvan Corners Intersection Project King Slough Bridge Replacement Project Hwy 99-Fremont to Cherokee Project El Camino Avenue Sidewalk Project Hwy 99/Hammer Lane Interchange Project SASD Creek Crossings Project Sacramento Airport Jet Fuel Pipeline Project West Capitol Avenue Improvement Project Bradshaw 6A, 6B, 7B Interceptor Projects Ulatis Creek Bicycle Path Project Jefferson Boulevard Widening Project U.S. 50/Watt Avenue Interchange Project Amador Water Transmission Line Project R.T. South Sacramento Corridor Project Bond Road Widening Project Pearson Road Widening Project Main Avenue Bridge Replacement Project Horseshoe Bar Road Widening Project Fulton Avenue Beautification Project Deterding Safe Routes to School Project Sheldon Road Widening Project Forni Rd/Hwy 50 Interchange Project Hwy 99/Grant Line Road Interchange Project Hwy 49 Pole Line Relocation Project Two Rivers Trail Project Swetzer Road Sewer Line Project Tahoe Pines Erosion Control Project Pinell Street Sidewalk Project Railroad Avenue Realignment (Suisun) Upper Lake County Flood Control Project Franklin Blvd Widening Project Mono Way Widening Project Florin Road Beautification Project Kirchgater Safe Routes to School Project South Watt Avenue Widening Project Cold Springs Road Widening Project W. El Camino Bridge Replacement Project Shepherd Tap Power Line Project Barton Road Bridge Replacement Project Beckwourth-Genesee Road Widening Project Lake Forest Erosion Control Project Fair Oaks Boulevard Improvement Project Plymouth Water Transmission Line Project Amador Small Diameter Water Pipeline Project East Street/Lemen Avenue Intersection Project Diamond Springs Parkway Phase IA Project Wheatland Canal Project Gerber Creek Channelization Project CR 102/1-5 Interchange Project Wise Road Bridge Replacement Project Bradshaw Road Widening Project Bassi Road Bridge Replacement Project El Dorado Street Widening Project (Stockton) Fulton Avenue Overlay Project Bird Road/SR 132 Interchange Project Hazel Avenue Sidewalk Project Hazel Avenue Widening Project Gold Hill Road Realignment and Bridge Project French Camp Road/Interstate 5 Interchange Proj. Old Florin Town Streetscape Project Waterman Road Improvement Project Clear Creek Road Bridges Project Sacramento County Sidewalk Continuity Project Newcastle Water Line Project Sunset Blvd./Highway 65 Interchange Project Greenstone Road Bridge Replacement Project Walnut Grove Sewer Interceptor Project Oak Ridge Drive Bridge Replacement Project Thornton Road Widening Project (Stockton) Elk Grove-Florin Road Widening Project PG&E Lines 406/407 Pipeline Projects Silver Springs Parkway Extension Project North Stockton Grade Separations Project Elk Grove-Florin Road Bridge Project Dwight Pattison
2378 Maritime Drive, Suite 110 Certified General Appraiser Elk Grove, CA 95758 Real Estate Appraiser
(916) 714-3010 Certificate #AG009699
e-mail: [email protected] Certified through 9-11-2024 Education Bachelor of Science
Chico State, 1966
Work History
October 1991 - Present Principal
Pattison & Associates, Inc.
Real Estate Appraisals
2378 Maritime Drive, Suite 110
Elk Grove, CA 95758
April 1987 - October 1991 Principal; Appraiser
Duncan, Duncan & Associates
P.O. Box 1066
Woodbridge, CA 95258
March 1984 - April 1987 Independent Fee Appraiser
Dwight Pattison Appraisals
2210 "K" Street, Suite A
Sacramento, CA 95816
January 1974 - March 1984 Staff Appraiser; Program Manager State of California
Department of General Services
Real Estate Services Division
Sacramento, CA
February 1966 - January 1974 Right of Way Agent
California Division of Highways
Marysville, CA 1966-70
Bishop, CA 1970-72
Sacramento, CA 1973
Professional Education
Certificate in Real Estate - UCLA, December 1971
Attended Following Courses:
California Division of Highways Right of Way Academy
August 1966
Principles of Real Estate Appraisal
October 1966 - January 1987
Legal Aspects of Real Estate
February 1967 - May 1967
Advanced Real Estate Appraisal (Rural)
March 1968 - December 1968
Communication and the Acquisition Process - August 1968 Tax Planning for Real Estate Transactions
September 1968 - December 1968
Intermediate Real Estate Appraisals
September 1971 - December 1971
Advanced Appraisal - Urban Properties (MAI Course 2)
August 1972
Principles of Relocation Assistance
December 1974 - February 1975
Advanced Appraisal - Income Properties (MAI Course 1B)
August 1976
Interpersonal Relations in Real Estate Acquisition
December 1978
Environmental Considerations - June 1980
Non-Verbal Communication - May 1981
Report Writing - March 1982
Income Approach to Valuation - October 1984
Standards of Professional Practice - December 1987
Uniform Standards of Professional Appraisal Practice - August 1991 Capitalization Theory Part A - September 1992
Ethics and the Right of Way Profession - December 1992
Standards of Practice for the Right of Way Professional-April 1993 Legal Aspects of Easements - October 1993
Valuation of Contaminated Properties - May 1995
Skills of Expert Testimony - November 1996
Easement Valuation - November 1997
Federal and State Laws and Regulations - February 2000
Appraisal Review - June 2000
Review Appraising in Eminent Domain - October 2002
Uniform Standards of Professional Appraisal Practice
7 Hour Update Course - 4/96, 2/00, 8/03, 2/06 and every 2 years thereafter Appraisal of Partial Acquisitions - January 1995, October 2005, October 2017 ASFMRA Yellow Book Seminar - June 2006
Understanding Environmental Contamination in Real Estate - October 2006 Litigation Appraisal - December 2010
Understanding Highest and Best Use - March 2011
Eminent Domain Law Basics for Right of Way Professionals - September 2012 Valuation of Environmentally Contaminated Real Estate - February 2016 Professional Affiliations
Member of Sacramento Chapter 27, International Right of Way Association President, 1978
International Director, 1979-80
Regional Vice Chairman (California, Arizona, Nevada, Hawaii), 1980-81 & 1981-82 Regional Chairman, 1982-83 & 1983-84
Member International Valuation (Appraisal) Committee
Vice Chairman, 1985-86
Chairman, 1986-87
Chairman, International Education Seminar, 1991
Member International Ethics Committee, 1991-92 & 1992-93 Member International Executive Committee, 1993-94 through 1999-2000 International President, 1999 through 2000
Received SR/WA designation on February 28, 1979
Professional of the Year, Sacramento Chapter, 1980, 1990, 1991, 2000 Nominated for International Professional of the Year, 1978, 1991, 1992 Member of the Advisory Council of the Appraisal Foundation, 1995-1997 Member of the Appraisal Foundation Board of Trustees, 2000-2004 Michael Pattison
2378 Maritime Drive, Suite 110 Certified General Appraiser Real Estate Appraiser
Elk Grove, CA 95758 Certificate #AG026061
(916) 714-3010 Certified through 5-10-2024
e-mail: [email protected]
Education Bachelor of Arts Degree
Business Economics
University of California,
Santa Barbara, 1991
Work History
October 1991 - Present Principal
Pattison & Associates, Inc.
Real Estate Appraisals
2378 Maritime Drive, Suite 110
Elk Grove, CA 95758
June 1991 - October 1991 Appraisal Research (Part-Time) Duncan, Duncan & Associates
P.O. Box 1066
Woodbridge, CA 95258
Professional Education
Attended Following Courses:
Principles of Real Estate Appraisals
Sacramento City College: September - December 1991
Principles of Right of Way Acquisition - International Right of Way Association Course 101 (Appraisal, Law, Engineering, Acquisition, Relocation) - April 1992 Appraisal Procedures
Appraisal Institute Course 1120 - May 1993
Legal Aspects of Easements - October 1993
Easement Valuation - October 1993
Uniform Standards of Professional Appraisal Practice
14 Hour Course - April 1994
Property Descriptions - September 1995
Interpersonal Relations of Real Estate Acquisition - February 1997 Introduction to the Income Approach to Valuation - April 1997 Basic Income Capitalization - June 1997
Communications in Real Estate Acquisition - October 1997 Advanced Applications
Appraisal Institute Course I1550 - October 1999
Federal and State Laws and Regulations - February 2000, January 2014 Review Appraising in Eminent Domain - October 2002
Uniform Standards of Professional Appraisal Practice (USPAP) 7 Hour Update Course - April 2001 and every 2 years thereafter Appraisal of Partial Acquisitions - January 1995, October 2005 ASFMRA Yellow Book Seminar - October 2006
Understanding Environmental Contamination in Real Estate - October 2006 General Appraiser Market Analysis and Highest & Best Use Appraisal Institute Course 400G - May 2009
Business Practice and Ethics (Standards of Professional Practice) Appraisal Institute Course I1420 - 4/01, 9/06, 5/10, 12/18 Eminent Domain Law Basics for Right of Way Professionals - Sep. 2012, Nov. 2021 Condemnation Appraising: Principles and Applications - September 2013 Uniform Act Executive Summary - March 2014
Valuation of Environmentally Contaminated Real Estate - February 2016 Elevating Your Ethical Awareness - October 2018
Land and Site Valuation - August 2021
The Sales Comparison Approach - August 2021
The Cost Approach - August 2021
Appraisal of Industrial and Flex Buildings - November 2021 Commercial Land Valuation - December 2021
Evaluations, Desktops, and other Limited Scope Appraisals - December 2021 Professional Affiliation
Member, Sacramento Chapter 27, International Right of Way Association President, 2000
International Director, 1998-2000
Chairman, Valuation Committee, 1992-1995
Chairman, Education Committee, 1995-1997
Chairman, Professional Development Committee, 2001-2019 Member International Professional Development Committee, 2002-2008 Received SR/WA designation on November 15, 1997
Recertified through November 15, 2022
Member of the Year, Sacramento Chapter, 1998
Professional of the Year, Sacramento Chapter, 2002 & 2003 Frank C. Balfour Award Recipient, "Professional of the Year", IR/WA, 2004 Trustee, Right of Way International Education Foundation, 2009 - Present Practicing Affiliate Member, Sacramento-Sierra Chapter of the Appraisal Institute
CITY OF LATHROP EXHIBIT
SUMMARY STATEMENT RELATING TO THE PURCHASE OF 8-EX-16 (REV 3/2017) REAL PROPERTY OR AN INTEREST THEREIN Page 1 of 2
(Form #)
The City of Lathrop ("City") is proposing to acquire the necessary land rights for the Harlan Road Realignment at Roth Road - CIP PS 14-04 Project.
Your property located at 11616 S Harlan Rd, Lathrop, CA is within the project area, and is also identified by your county assessor as Parcel No. 196-020-140.
Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and the California Relocation Assistance and Real Property Acquisition Guidelines require that each owner from whom the City purchases real property or an interest therein or each tenant owning improvements on said property be provided with at a minimum, a summary of the Appraisal of the real property or interest therein, as well as the following information:
1. You are entitled to receive full payment prior to vacating the real property being purchased unless you have heretofore waived such entitlement. You are not required to pay recording fees, transfer taxes, or the pro rata portion of real property taxes which are allocable to any period subsequent to the passage of title or possession.
2. The City will offer to purchase any remnants) considered by the City to be an uneconomic units) which is/are owned by you or, if applicable, occupied by you as a tenant and which is/are contiguous to the land being conveyed.
3. All buildings, structures and other improvements affixed to the land described in the referenced documents) covering this transaction and owned by the grantor(s) herein or, if applicable, owned by you as a tenant, are being conveyed unless other disposition of these improvements has been made. The interest acquired is a Permanent Public Right of Way Easement, Permanent Public Utility and Slope Easement, and Temporary Construction Easement. The property being purchased comprises 2,683 SF Permanent Public Right of Way Easement, 1,399 SF Permanent Public Utility and Slope Easement, and 1,398 SF Temporary Construction Easement.
4. The market value of the property being purchased is based upon a market value valuation which is summarized on the attached Appraisal Report and such amount:
a. Represents the full amount of the appraisal of just compensation for the property to be purchased; b. Is not less than the approved appraisal of the fair market value of the property as improved; c. Disregards any decrease or increase in the fair market value of the real property to be acquired prior to the date of Appraisal caused by the public improvement for which the property is to be acquired or by the likelihood that the property would be acquired for such public improvement, other than that due to physical deterioration within the reasonable control of the owner or occupant; and
d. Does not reflect any consideration of or allowance for any relocation assistance and payments or other benefits which the owner is entitled to receive under an agreement with the City.
5. Pursuant to Code of Civil Procedure Section 1263.025 should you elect to obtain an independent appraisal, the City will pay for the actual reasonable costs up to five thousand dollars ($5,000) subject to the following conditions:
a. You, not the City, must order the appraisal. Should you enter into a contract with the selected appraiser, the City will not be a party to the contract;
b. The selected appraiser is licensed with the Bureau of Real Estate Appraisers (BREA), formerly known as the Office of Real Estate Appraisers;
c. Appraisal cost reimbursement requests must be made in writing, and submitted to the Dokken Engineering at: 110 Blue Ravine Rd, Suite 200, Folsom, CA 95630 within ninety (90) days of the earliest of the following dates: (1) the date the selected appraiser requests payment from you for the appraisal; or, (2) the date upon which you, or someone on your behalf, remitted full payment to the selected appraiser for the appraisal. Copies of the contract (if a contract was made), appraisal report, and the invoice for the completed work by the appraiser must be provided to the City
CITY OF LATHROP EXHIBIT
SUMMARY STATEMENT RELATING TO THE PURCHASE OF 8-EX-16 (REV 3/2017) REAL PROPERTY OR AN INTEREST THEREIN (Cont.) Page 2 of 2 (Form #)
concurrent with submission of the Appraisal Cost Reimbursement Agreement. The costs must be reasonable and justifiable.
6. The owner of a business conducted on a property to be acquired, or conducted on the remaining property which will be affected by the purchase of the required property, may be entitled to compensation for the loss of goodwill. Entitlement is contingent upon the owner's ability to prove such loss in accordance with the provisions of Sections 1263.510 and 1263.520 of the Code of Civil Procedure.
7. If you ultimately elect to reject the City's offer for your property, you are entitled to have the amount of compensation determined by a court of law in accordance with the laws of the State of California.
8. You are entitled to receive all benefits that are available through donation to the City of all or part of your interest in the real property sought to be acquired by the City as set out in Streets and Highways Code Sections 104.2 and 104.12.
AGREEMENT FOR PURCHASE AND SALE OF PUBLIC RIGHT OF WAY
BETWEEN THE CITY OF LATHROP AND
BALWANT SINGH SANDHU, AN UNMARRIED MAN, LANDOWNER OF
APN 196-020-140
This Agreement for Purchase and Sale of Public Right of Way ("Agreement") is dated and
RECITALS
Seller is the owner of certain real property located at 11616 S Harlan Rd (APN 196-020-140), Lathrop, California, as described in Exhibit "A," attached hereto and incorporated herein by this reference (hereinafter "the Property").
Buyer intends to construct a public project, the Harlan Road Realignment at Roth Road - CIP PS 14-04 Project (the "Project"), and desires to purchase from APN 196-020-140 a 2,683 square foot Public Right of Way Easement, a 1,399 square foot Permanent Public Utility and Slope Easement, and a 1,398 square foot Temporary Construction Easement, along portion of Seller's Property (hereinafter "Public Right of Way") in order to accomplish said Project.
This agreement memorializes the terms on which Seller desires to sell and Buyer desires to buy Public Right of Way.
The Parties to this contract shall, pursuant to Section 21.7(a) of Title 49, Code of Federal Regulations, comply with all elements of Title VI of the Civil Rights Act of 1964. This requirement under Title VI and the Code of Federal Regulations is to complete the USDOT-Non- Discrimination Assurance requiring compliance with Title VI of the Civil Rights Act of 1964, 49 C.F.R Section 50.3.
No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity that is the subject of this contract.
NOW THEREFORE, in consideration of the foregoing promises, operative provisions and the Recitals, which are incorporated herein by this reference, and for other valuable consideration, the receipt of which is hereby acknowledged, Buyer and Seller agree to the following:
1. Seller agrees to convey to Buyer and Buyer agrees to purchase from Seller a Public Right of Way over the Property upon the terms and conditions herein set forth.
2. The total purchase price that Buyer will pay Seller for the Public Right of Way over the Property shall be the sum of SEVENTY-FOUR THOUSAND THREE HUNDRED DOLLARS AND ZERO CENTS ($74,300.00) (the "Purchase Price").
3. Except as otherwise expressly provided herein, all costs of escrow, title insurance and documentary transfer taxes, if any, shall be paid by Buyer.
Buyer warrants to Seller that Buyer has not hired or used any real estate broker in this transaction for which Seller shall be charged a fee or commission. Seller shall be responsible at Seller's sole expense for real estate brokerage fees or commissions, if Seller elects to use or hire such services with respect to acquisition of the Public Right of Way over the Property. Buyer shall not be liable for any such fees or claims and Seller shall indemnify Buyer its officers, employees and agents, from any and all costs, liabilities or judgments, including attorneys' fees, incurred in defending or paying any such claims.
5. The net proceeds of the sale shall be delivered to Seller upon recording of the Grant of Public Right-of-Way Easement, Grant of Public Utility and Slope Easement, and Temporary Construction Easement.
The Purchase Price for the Public Right of Way over the Property being acquired in this transaction is the negotiated price for the Public Right of Way over the Property without the presence of contamination.
7. License to Enter. Seller hereby grants to Buyer and Buyer's authorized agents, contractors, consultants, assigns, attorneys, accountants and other representatives an irrevocable license to enter upon the Property for the purpose of making inspections and other examinations of the Property, including, but not limited to, the right to perform soil and geological tests of the Property, including but not limited to Phase 1 and/or Phase I| investigations and testing, and an environmental site assessment thereof. Buyer shall give Seller reasonable notice before going on the Property. Buyer does hereby indemnify and forever save Seller, Seller's heirs, successors and assigns, and the Property, free and harmless from and against any and all liability, loss, damages and costs and expenses, demands, causes of action, claims or judgments, whether or not arising from or occurring out of any damage to the Property as a result of any accident or other occurrence at the Property which is in any way connected with Buyer's inspections or non-permanent improvements involving entrance onto the Property pursuant to this Section. If Buyer fails to acquire the Public Right of Way over the Property due to Buyer's default, this license shall terminate upon the termination of Buyer's right to purchase Public Right of Way over the Property. In such event, Buyer shall remove or cause to be removed all Buyer's personal property, facilities, tools and equipment from the Property.
8. It is agreed and confirmed by the Parties hereto that notwithstanding other provisions in this contract, the right of possession and use of the subject property by the Buyer, including the right to remove and dispose of improvements, shall commence on the date the amount of funds as specified in Paragraph 2 herein are deposited into the escrow controlling this transaction. The amount shown in Paragraph 2 herein includes, but is not limited to, full payment for such possession and use, including damages, if any, from said
9. Regarding any temporary construction easement granted, Buyer shall provide at least 48 hours advanced written notice prior to first entry onto the temporary construction easement areas. The acquisition price of the subject property set forth in section 2 of this Agreement includes full payment for use of the temporary construction easement areas. his temporary construction easement shall begin January I, 2025 and terminat ecember 31, 2029. Buyer agrees to promptly restore any damage to the temporar construction easement area and/or the parcels upon which the temporary construction easement areas are situated (and the improvements located thereon) caused by Buyer's entry upon the temporary construction easement area or work performed in connection with the project. In the event Sellers) sells, conveys or assigns any property interest, encumbered by the Agreement prior to Buyer exercising the rights granted herein, Seller(s) shall notify the successor or assignee of the rights and obligations of both parties as included herein.
10. Full Payment of All Obligations of City.
It is understood and agreed between Seller and Buyer that the payment of the total Purchase Price made to Seller as set forth in this Agreement represents an all- inclusive settlement and is full and complete payment of just compensation for Buyer's acquisition of the fee and easement interests pertaining to the Property, and specifically includes, but is not limited to, just compensation for the Property, claims for severance and other damages, attorney's fees, interest, expenses of litigation, expert's fees, precondemnation damages, inverse condemnation, if any, and loss of business goodwill under the Eminent Domain Law, Code of Civil Procedure Section 1263.510, and all costs and expenses whatever in connection therewith, and satisfies any and all other payments, if any, that may be required by law to be paid to Seller arising out of the acquisition of the Property or to persons occupying the Property.
(b) The Parties acknowledge that Buyer's acquisition of the Public Right of Way over the Property will not result in the displacement of any person. Accordingly, it is further understood and agreed by Seller that Buyer will have no further obligation to Seller under any federal or state relocation laws or regulations, including without limitation, the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601 el seq.), if applicable, or under Title 1, Division 7, Chapter 1 of the Government Code of the State of California (Section 7260 et seq.), or the Relocation Assistance and Real Property Acquisition Guidelines (Chapter 6 of Title 25 of the California Code of Regulations). (c) This Agreement is a voluntary agreement and Seller, on behalf of itself and its heirs, successors, assigns, and hereby fully releases Buyer, its officials, counsel, employees, and agents, from all claims and causes of action by reason of any damage which has been sustained, or may be sustained, as a result of Buyer's efforts to acquire the Public Right of Way over the Property or any preliminary steps thereto. Seller further releases and agrees to hold Buyer harmless from any and all claims and causes of action by reason of any leasehold interest in the (d) Seller acknowledges that it may have sustained damage, loss, costs or expenses which are presently unknown and unsuspected, and such damage, loss, costs or expense which may have been sustained, may give rise to additional damages, loss, costs or expenses in the future. Nevertheless, Seller hereby acknowledges that this Agreement has been negotiated and agreed upon in light of that situation, and hereby expressly waives any and all rights which Seller may have under California Civil Code Section 1542, or under any statute or common law or equitable principle of similar effect. California Civil Code Section 1542 provides as follows:
"A general release does not extend to claims which the Creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
Seller's Initials Buyer's Initials
11. Seller shall, upon request by Buyer, execute, acknowledge and deliver such documents or take such action as may be necessary or convenient to carry out the spirit and intent of this Agreement. This Agreement may be executed in counterparts, each of which so executed will, irrespective of the date of its execution and delivery, be deemed an original, and all such counterparts together will constitute one and the same instrument.
12. Time is of the essence of this Agreement.
13. Seller represents, warrants and covenants to Buyer as of the date of this Agreement and as of the Close of Escrow as follows:
No Condemnation. To the best of Seller's knowledge, there are no pending or threatened condemnations or similar proceedings by any third party affecting the Property, or any portion thereof, nor does Seller have any knowledge that any such action is contemplated.
No Proceedings. To the best of Seller's knowledge, there are no legal actions, suits, or other legal or administrative proceedings, pending or threatened against or affecting the Property. Seller has not received and are not aware of any notice from any entity with respect to any current or future proceeding against, or basis for any future proceeding against, or affecting the Property, or concerning any existing or potential, past, present or future hazardous materials at the Property.
No Violation of Laws. Seller represents and warrants that, to the best of Seller's knowledge, as of the date of this Agreement and as of the Close of Escrow, the Property is not in violation of any law, ordinance or regulation of any governmental authority relating to the environmental conditions on, under or about the Property, including, but not limited to, soil and groundwater conditions.
Clear Title. Seller warrants that it is the owner of the Property and has marketable and insurable fee simple title to the Property free of restrictions, leases, liens and other encumbrances. During the term of this Agreement, Seller shall not convey or accept any offer to convey the Property or any portion of the Property nor shall Seller encumber or permit encumbrance of the Property in any way nor grant any property, contract or occupancy right relating to the Property or any portion thereof without the prior written consent of Buyer, which may be withheld in Buyer's sole and absolute discretion.
Contracts. Seller hereby covenants, represents, and warrants that at the Close of Escrow, there will be no contracts, licenses, commitments, or undertakings concerning maintenance, operation, or repair of the Property or equipment on the Property, or the performance of services on the Property, including payment for such services performed prior to Close of Escrow, or the use of the Property or any part of it, by which Buyer would become obligated or liable to any person. If any person or entity makes a lawful claim for payment for services performed prior to Close of Escrow (other than services provided to Buyer), Seller will be obligated to pay or cause to be paid such claim prior to Close of Escrow, subject to Seller's right to contest the validity of such claim. If any such claim for services performed prior to Close of Escrow (other than services provided to Buyer) is made after the Close of Escrow, Seller shall indemnify, defend, and hold Buyer harmless from any and all claims, demand, or liability. This duty of defense and indemnification shall survive the Close of Escrow.
No Default. Seller hereby covenants, represents, and warrants that, to the best of Seller's knowledge and belief, Seller has received no notice of any default under any contract, transaction, agreement, encumbrance, or instrument pertaining to the Property, which has remained uncured as of the date of this Agreement. The obligation to notify Buyer of notices of default shall extend to the Close of Escrow.
Indemnification. Seller agrees to indemnify, defend, and hold Buyer harmless for breach of the warranties set forth above in subsections (a) through (f) of this paragraph 13.
If suit should be brought for any sum due or the enforcement or declaration of any right or obligation hereunder, by either Party, the prevailing Party shall be entitled to all costs incurred in connection with such action, including reasonable attorney's fees.
15. Any notice which either Party may or is required to give shall be in writing and given by personal delivery or mailing same by certified mail, return receipt requested, postage prepaid, to the other Party at the address shown below or at such other place as may be receiveded by chipadays frer main to time, and any notice so mailed shall be deemed Buyer's address: City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
Attn: City Manager
Seller's address: Balwant Singh Sandhu
1623 Bella Terra Dr
Manteca, CA 95337
16. This Agreement is subject to final approval of the City Council of the City of Lathrop.
17. This Agreement shall bind and inure to the benefit of the Parties and their respective successors, heirs, executors, administrators, and assigns.
18. This Agreement shall be construed and interpreted under, and governed and enforced according to the laws of the State of California.
19. This Agreement supersedes any prior agreement, oral or written, and contains the entire agreement between Buyer and Seller on the subject matter hereof. No subsequent agreement, representation or promise made by either Party hereto, or by or to any employee, officer, agent or representative of either Party, shall be of any effect unless it is agreement, statement, representation or promise made by any such person that is not contained herein shall be valid or binding on Seller or Buyer.
20. The undersigned represent and warrant they are duly authorized to execute this Agreement and to bind the Parties.
"SELLER"
BALWANT SINGH SANDHU, AN UNMARRIED MAN
By:
BALWANT SINGH SANDHU
"BUYER"
CITY OF LATHROP, a municipal corporation in the
County of San Joaquin, State of California
By:
STEPHEN J. SALVATORE, CITY MANAGER
APPROVED AS TO FORM BY CITY OF LATHROP
CITY ATTORNEY:
By:
SALVADOR NAVARRETE, CITY ATTORNEY
EXHIBIT "A"
LEGAL DESCRIPTION OF THE PROPERTY
Real property in the City of Lathrop, County of San Joaquin, State of California, described as follows:
A PORTION OF LOT TWO [2] OF SECTION 14, TOWNSHIP | SOUTH, RANGE 6 EAST,
MOUNT DIABLO BASE AND MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO-WIT:
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 14; THENCE EAST ALONG THE NORTH LINE OF SAID SECTION 14, 3110.24 FEET TO THE EASTERLY LINE OF THE MOSSDALE ROAD, NOW STATE HIGHWAY; THENCE SOUTH 11°5I' WEST 40.87 FEET TO A POINT IN THE SOUTH LINE OF THE J. X. ROAD; THENCE ALONG THE EASTERLY LINE OF MOSSDALE ROAD SOUTH 11° 51' WEST 1044.5 FEET TO THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED TRACT:
THENCE ALONG THE EASTERLY LINE OF SAID MOSSDALE ROAD, SOUTH 11° 51' WEST 136.4 FEET; THENCE EAST 1158.5 FEET TO A POINT IN THE EAST LINE OF SAID LOT 2; THENCE ALONG THE EAST LINE OF SAID LOT 2, NORTH 1° 56' WEST 133.5 FEET; THENCE WEST 1126.0 FEET TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM THAT PORTION THEREOF CONVEYED TO THE STATE OF CALIFORNIA BY GRANT DEED RECORDED DECEMBER 22, 1967, BOOK 3175, PAGE 56, OFFICIAL RECORDS.
APN: 196-020-140-000
RECORDING REQUESTED BY, AND
WHEN RECORDED MAIL TO:
CITY OF LATHROP
ATTN: CITY CLERK
390 TOWNE CENTRE DRIVE
LATHROP, CA 95330
Exempt from payment of recording fees (GC 27383,
Documentary Transfer Tax (r&t code 11922,
SPACE ABOVE THIS LINE FOR RECORDER'S USE
FILE R/W NO DOCUMENTARY STAMPS NEEDED
APN 196-020-140 (a portion of)
GRANT OF PUBLIC RIGHT OF WAY EASEMENT
For a valuable consideration, receipt of which is hereby acknowledged, BALWANT SINGH SANDHU, AN UNMARRIED MAN, GRANTOR, hereby grants to the City of Lathrop, a California municipal corporation, GRANTEE, a public right-of-way easement for streets, highways, sanitary sewer lines, domestic water lines, public utilities, and other appurtenant uses, together with the right to construct, maintain, repair, operate, use, dedicate or declare the same for public use, in, on, under, over and across the real property in the City of Lathrop, San Joaquin County, California, described as follows:
Grant of Public Right of Way Easement as legally described on Exhibit "A" and depicted as shaded area labeled "Grant of Public ROW Easement 2,683 t" on Exhibit "B", both exhibits attached hereto and made a part hereof.
IN WITNESS WHEREOF, the undersigned state that they are the persons whose signature is required to convey the interest stated within this instrument and has/have caused this instrument to be executed this _20_
GRANTOR: BALWANT SINGH SANDHU, AN UNMARRIED MAN
By:
BALWANT SINGH SANDHU
ALL-PURPOSE ACKNOWLEDGMENT
I notary public or other officer completing this certificate verifies only the identity of the indiacal or ho dily d had documen to which this cerificate is attached, and not the truthfulness State of
County of
On before me,
Date Name, Title of Officer
personally appeared
NAME(S) OF SIGNER(S)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State identified herein, that the foregoing paragraph is true and correct.
Witness my hand and official seal.
Signature of Notary
EXHIBIT "A"
APN: 196-020-14
LEGAL DESCRIPTION
All that real property situated in the City of Lathrop, County of San Joaquin, State of California, being a portion of Lot 2 in the Northeast Quarter of Section 14, Township 1 10 Salvani singi recorded i Document No. 20-2737, ofeikedins of rent ed of San Joaquin, more particularly described as follows:
Grant of Public Right of Way Easement
Beginning at the Southwest corner of said Balwant Singh Grant Deed, being the tersection of the South line of said Grant Deed and the Easterly Right of way for Harla oad: thence leaving said Point of Beginning along said Easterly Right of Way along non-tangent curve to the right, having a radius of 1370.00 feet and a radial bearing of North 68°43'50" West, through a central angle of 06°07'26" an arc length of 146.43 feet to the Northerly line of said Grant Deed; thence along said Northerly line South 89°29'24"
9.45 feet; thence leaving said line South 17°26'35° West, 139.88 feet to the Southerly line of said Grant Deed; thence along said Southerly line North 89°39'17" West,
27.82 feet to the Point of Beginning, containing 2683 square feet more or less.
Public Utility and Slope Easement
A strip of land 10 feet in width parallel with and coincident with the above described Right of Way the Westerly line thereof described as follows:
Commencing at a the Southwest corner of said Balwant Singh Grant Deed, being the intersection of the South line of said Grant Deed and the Easterly Right of way for Harlan Road; thence leaving said Point of Commencement along the Southerly line of said Grant Deed South 89°39'17 East, 27.82 feet to the True Point of Beginning; thence leaving said boundary line North 17°26'35" West, 139.88 feet to the North line of said Grant Deed and the Point of Termination, containing 1399 square feet more or less.
Temporary Construction Easement
A strip of land 10 feet in width parallel with and coincident with the above described Public Utility Easement the Westerly line thereof described a follows:
Sheet lof 3
EXHIBIT "A"
APN: 196-020-14
LEGAL DESCRIPTION
Commencing at a the Southwest corner of said Balwant Singh Grant Deed, being the intersection of the South line of said Grant Deed and the Easterly Right of way for Harlan Road; thence leaving said Point of Commencement along the Southerly line of said Grant Deed South 89°39'17" East, 38.28 feet to the True Point of Beginning; thence leaving said boundary line North 17°26'35" West, 139.85 feet to the North line of said Grant Deed and the Point of Termination, containing 1398 square feet more or less.
See Exhibit "B" attached hereto and made a part of this description.
End of description
The Basis of Bearings is identical to the City of Lathrop control network established from found monuments.
The sidelines of described strips of land are to be shortened or elongated as to begin and end on the boundary lines of said property.
This description has been prepared by me or under my direct supervision in conformance with the Professional Land Surveyors' Act.
Ryan L. Ming P.L.S. 8409 Date
RYAN _L
MING
No. 8409
OR CATIFORNIR
Sheet 2of 3
LATHROP SANDS
COMMUNITY LLC
11550 S HARLEN RD
DOC#2018-001228
APN: 196-020-13
1 1"= 30' S89'29'21"E
9.45°
10° PUE & SE
1399 SQFT I
CH=N24º19'53"E 7.S8,98.LLN
146.36'
A=006°07'26"
R=1370.00
L=146.43 SANDHI
1616 S HARLEN R
DOC#2000-22737
APN: 196-020-14
HARLAN RD 10'TCE
1398 SQFT ‡
_S17°26'35"₩
139.88'
10'
_N6843'50"M (R)
POB-
ROW
POC PUE, SE • TPOB TORRES
& TCE 10' TCE 11672 S HARLEN RD
89917 TPOB DOC#2019-085271
S89'39'17" E 10.46° APN: 196-020-16
LEGEND 27.82' 710' PUE & SE (38.28' TOTAL)
CRANT OF PUBLIC ROW EASEMENT#1 2683 SQFT I
DIMENSION POINT
APN. ASSESSORS PARCEL NUMBER LAND
..PUBLIC UTILITY EASEMENT PRESSION
..RADIAL BEARING
. POINT OF BEGINNINO No. 8409
TPOB....TRUE POINT OF BINNING
OC..... POINT OF COMMENCEMENT
EMPORARY CONSTRUCTION EASEMEN
SLOPE EASEMENT
EXHIBIT B • UNICO
APN: 196-020-14 11616 S HARLAN RD EERING
PORTION OF THE NE 1 SECTION 14, T1S,R6E, MDN 110 BLUE RAVINE RD SUITE 101 | FOLSOM, CA 95630 SHEET 3 OF 3 CITY OF LATHROP, COUNTY OF SAN JOAQUIN, STATE OF CALIFORNU PHONE: 816.900.6623 | unicoengineering.com
RECORDING REQUESTED BY, AND
WHEN RECORDED MAIL TO:
CITY OF LATHROP
ATTN: CITY CLERK
390 TOWNE CENTRE DRIVE
LATHROP, CA 95330
SPACE ABOVE THIS LINE FOR RECORDER'S USE
FILE PU&SE NO DOCUMENTARY STAMPS NEEDED
APN 196-020-140 (a portion of)
PUBLIC UTILITY AND SLOPE EASEMENT
For a valuable consideration, receipt of which is hereby acknowledged, BALWANT SINGH SANDHU, AN UNMARRIED MAN, GRANTOR, hereby grants to the City of Lathrop, a California municipal corporation, GRANTEE, a perpetual utility easement for the use and benefit of Grantee, to construct, operate, reconstruct, install, replace, remove, repair, alter, maintain, inspect, and use public utility facilities and all related appurtenances, and for ingress and egress in connection with the exercise of any of the foregoing rights; and a slope easement for the use and benefit of Grantee to establish, construct, grade, modify, and maintain an earthen slope, together with right to install necessary appearances, including erosion control measures, thereon, along, under, over, through and across that real property situated in the City of Lathrop, County of San Bernardino, State of California, described as follows:
Public Utility and Slope Easement as legally described on Exhibit "A" and depicted as shaded area labeled "PUE & SE 1,399 ‡" on Exhibit "B", both exhibits attached hereto and made a part hereof.
Furthermore, the Grantor agrees that within said Easement, no permanent structure shall be placed nor trees shall be planted that would interfere with Grantee's ability to exercise the rights conveyed herein. The Easement granted herein shall also include the right for access through and for use of such area adjacent to the Easement as may be reasonably necessary for the performance of work within the Easement during any and all construction periods or other periods when persons, equipment, vehicles, supplies, and working activities are necessary.
IN WITNESS WHEREOF, the undersigned state that they are the persons whose signature is required to convey the interest stated within this instrument and has/have caused this instrument _day of_ _20_
GRANTOR: BALWANT SINGH SANDHU, AN UNMARRIED MAN
By:.
BALWANT SINGH SANDHU
ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness accuracy, or validity of that document.
State of
County of
On. before me, _
Date Name, Title of Officer
personally appeared
NAME(S) OF SIGNER(S)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State identified herein, that the foregoing paragraph is true and correct.
Witness my hand and official seal.
Signature of Notary
EXHIBIT "A"
APN: 196-020-14
LEGAL DESCRIPTION
All that real property situated in the City of Lathrop, County of San Joaquin, State of of San Joaquin, more particularly described as follows:
Grant of Public Right of Way Easement
Beginning at the Southwest corner of said Balwant Singh Grant Deed, being the intersection of the South line of said Grant Deed and the Easterly Right of way for Harlan Road; thence leaving said Point of Beginning along said Easterly Right of Way along a non-tangent curve to the right, having a radius of 1370.00 feet and a radial bearing of North 68°43'50" West, through a central angle of 06°07'26" an arc length of 146.43 feet to the Northerly line of said Grant Deed; thence along said Northerly line South 89°29'24" East, 9.45 feet; thence leaving said line South 17°26'35" West, 139.88 feet to the Southerly line of said Grant Deed; thence along said Southerly line North 89°39'17" West,
27.82 feet to the Point of Beginning, containing 2683 square feet more or less.
Public Utility and Slope Easement
A strip of land 10 feet in width parallel with and coincident with the above described Right of Way the Westerly line thereof described as follows:
Commencing at a the Southwest corner of said Balwant Singh Grant Deed, being the intersection of the South line of said Grant Deed and the Easterly Right of way for Harlan Road; thence leaving said Point of Commencement along the Southerly line of said Grant Deed South 89•39'17" East, 27.82 feet to the True Point of Beginning; thence leaving said boundary line North 17°26'35" West, 139.88 feet to the North line of said Grant Deed and the Point of Termination, containing 1399 square feet more or less.
Temporary Construction Easement
A strip of land 10 feet in width parallel with and coincident with the above described Public Utility Easement the Westerly line thereof described a follows Sheet lof 3
EXHIBIT "A"
APN: 196-020-14
LEGAL DESCRIPTION
Commencing at a the Southwest corner of said Balwant Singh Grant Deed, being the intersection of the South line of said Grant Deed and the Easterly Right of way for Harlan Road; thence leaving said Point of Commencement along the Southerly line of said Grant Deed South 89•39'17" East, 38.28 feet to the True Point of Beginning; thence leaving said boundary line North 17°26'35" West, 139.85 feet to the North line of said Grant Deed and the Point of Termination, containing 1398 square feet more or less.
See Exhibit "B" attached hereto and made a part of this description.
End of description
The Basis of Bearings is identical to the City of Lathrop control network established from found monuments.
The sidelines of described strips of land are to be shortened or elongated as to begin and end on the boundary lines of said property.
This description has been prepared by me or under my direct supervision in conformance with the Professional Land Surveyors' Act.
Ryan L. Ming P.L.S. 8409 Date
PROFESSIONT
RYAN
MING
No. B409
CALIFORNIA
Sheet 2of 3
LATHROP SANDS
COMMUNITY LLO
11550 S HARLEN RD
DOC#2018-001228
APN:196-020-13
1"=30' S89°29'24" E
9.45'
10° PUE & SE
1399 SQFT I
CH=N2499'53" E N17°26 '35"E
146.36 139.85
4=006°07 26"
R=1370.00 SANDH
L=146.43 1616 S HARLEN R
DOC#2000-22737
APN:196-020-14
HARLAN RD _10'TCE
1398 SQFT I
10 _S17°26"35"W
139.88'
_N6813'50'" (B) · 10
POB
ROW
POC PUE, SE TPOB TORRES
& TCE 10' TCE 11672 S HARLEN RD
N893917 TPOB DOC#2019-085271
27.82' T10' PUE & SE S89*39'17" E 10.46" APN: 196-020-16 LEGEND (38.28' TOTAL)
•CRANT OF PUBLIC ROW EASEMENT#1 2683 SQFT ‡
DIMENSION POINT
APN. ASSESSORS PARCEL NUMBER LAN
PUE PUBLIC UTILITY EASEMENT
......RADIAL BEARING RYAN MING
ROW. ..RIGHT OF WAY
POB.... POINT OF BEGINNING No. B409
TPOB....TRUE POINT OF BINNING
POC.... POINT OF COMMENCEMENT
TCE... •TEMPORARY CONSTRUCTION EASEMENT
SE...... •SLOPE EASEMENT
EXHIBIT B • UNICO
APN: 196-020-14 11616 S HARLAN RD GINEERING
SHEET 3 OF 3 CITY OFLATHROP, COTHEN OF SANTONU STATE OF CALFORNIA 110 BLUE RAVINE RD SUITE 101 | FOLSOM, CA 95630 PHONE: 916.900.6623 | unicoengineering.com
RECORDING REQUESTED BY, AND
WHEN RECORDED MAIL TO:
CITY OF LATHROP
ATTN: CITY CLERK
390 TOWNE CENTRE DRIVE
LATHROP, CA 95330
Documentam Tramelt recording de (C 27383)
SPACE ABOVE THIS LINE FOR RECORDER'S USE
FILE TCE NO DOCUMENTARY STAMPS NEEDED
APN 196-020-140 (a portion of)
TEMPORARY CONSTRUCTION EASEMENT
For a valuable consideration, receipt of which is hereby acknowledged, BALWANT SINGH SANDHU, AN UNMARRIED MAN, GRANTOR, hereby grants to the City of Lathrop, a California municipal corporation, GRANTEE, a Temporary Construction Easement for the purposes of facilitating construction of adjacent public street improvements and related purposes, in, on, over, under, through, along, and across that certain parcel of land located in the County of San Joaquin, State of California described as follows:
Temporary Construction Easement as legally described on Exhibit "A" and depicted as shaded area labeled TCE 1,398 t" on Exhibit "B", both exhibits attached hereto and made a part hereof.
This Temporary Construction Easement shall commence after City acceptance of this Temporary Construction Easement Deed, as evidenced by the City's execution of the Certificate of Acceptance and Consent to Recordation attached hereto, and when escrow closes. If the deed is to be recorded by the City, commencement shall be the date in which the check is mailed from the City to the Grantor. This Temporary Construction Easement shall automatically terminate upon completion of City's construction or five (5) years after the commencement, whichever occurs first. In any event, this Temporary Construction Easement shall commence on January 1. 2025 and terminate on or before December 31, 2029. Upon termination, the Temporary Construction Easement area will be generally restored by City to a comparable or better condition as that which existed prior to City's access and use.
IN WITNESS WHEREOF, the undersigned state that they are the persons whose signature is required to convey the interest stated within this instrument and has/have caused this instrument _day of_ _20_
GRANTOR: BALWANT SINGH SANDHU, AN UNMARRIED MAN
By:
BALWANT SINGH SANDHU
ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached. and not the truthfulness iccuracy, or validity of that document.
State of
County of
On before me, _
Date Name, Title of Officer
personally appeared
NAME(S) OF SIGNERS)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State identified herein, that the foregoing paragraph is true and correct.
Witness my hand and official seal.
Signature of Notary
EXHIBIT "A"
APN: 196-020-14
LEGAL DESCRIPTION
to Balwant Singh recorded in Document No. 2000-22737, Official Records of the County of San Joaquin, more particularly described as follows:
Grant of Public Right of Way Easement
Beginning at the Southwest corner of said Balwant Singh Grant Deed, being the intersection of the South line of said Grant Deed and the Easterly Right of way for Harlan Road; thence leaving said Point of Beginning along said Easterly Right of Way along a non-tangent curve to the right, having a radius of 1370.00 feet and a radial bearing of North 68°43'50" West, through a central angle of 06°07'26" an arc length of 146.43 feet to the Northerly line of said Grant Deed; thence along said Northerly line South 89°29'24" East, 9.45 feet; thence leaving said line South 17°26'35" West, 139.88 feet to the Southerly line of said Grant Deed; thence along said Southerly line North 89°39'17" West,
27.82 feet to the Point of Beginning, containing 2683 square feet more or less.
Public Utility and Slope Easement
A strip of land 10 feet in width parallel with and coincident with the above described Right of Way the Westerly line thereof described as follows:
Commencing at a the Southwest corner of said Balwant Singh Grant Deed, being the intersection of the South line of said Grant Deed and the Easterly Right of way for Harlan Road: thence leaving said Point of Commencement along the Southerly line of said Grant Deed South 89°39'17" East, 27.82 feet to the True Point of Beginning; thence leaving said boundary line North 17°26'35 West, 139.88 feet to the North line of said Grant Deed and the Point of Termination, containing 1399 square feet more or less.
Temporary Construction Easement
A strip of land 10 feet in width parallel with and coincident with the above described Public Utility Easement the Westerly line thereof described a follows:
Sheet lof 3
EXHIBIT "A"
APN: 196-020-14
LEGAL DESCRIPTION
Commencing at a the Southwest corner of said Balwant Singh Grant Deed, being the intersection of the South line of said Grant Deed and the Easterly Right of way for Harlan Road; thence leaving said Point of Commencement along the Southerly line of said Grant Deed South 89°39'17" East, 38.28 feet to the True Point of Beginning: thence leaving said boundary line North 17°26'35" West, 139.85 feet to the North line of said Grant Deed and the Point of Termination, containing 1398 square feet more or less.
See Exhibit "B" attached hereto and made a part of this description.
End of description
The Basis of Bearings is identical to the City of Lathrop control network established from found monuments.
The sidelines of described strips of land are to be shortened or elongated as to begin and end on the boundary lines of said property.
This description has been prepared by me or under my direct supervision in conformance with the Professional Land Surveyors' Act.
Ryan L. Ming P.L.S. 8409 Date
RYAN_L
MING
No. 8409
CALIFORNI
Sheet 2of 3
LATHROP SANDS
COMMUNITY LIC
11550 S HARLEN RD
DOC#2018-001228
APN: 196-020-13
1" = 30' _ S89°29'24"E
9.45°
10' PUE & SE
- 1399 SQFT I
CH-N21991586 N17°26 ' 35"E
139.85
4=006°07'26"
R=1370.00 SANDHI
L=146.43 11616 S HARLEN R
DOC#2000-22737
APN:196-020-14
HARLAN RD 10'TCE
1398 SQFT I
10' S17°26'35"#
139.88'
710°
N68 43'50" (R
ROW
POC PUE, SE - TPOB TORRES
& TCE 10' TCE 11672 S HARLEN RD
N997M TPOB - DOC#2019-085271
S89'39'17"E 10.46 APN: 196-020-16
LECEND 27.82' T10' PUE & SE (38.28' TOTAL,
#CRANT OF PUBLIC ROW EASEMENT#1 2683 SQFT ‡
APN. DIMENSION POINT ALLAN
ASSESSORS PARCEL NUMBER
BK.
PUE. PUBLIC UTILITY EASEMENT
RYAN L
(R).. ...RADIAL BEARING MING
ROW... • RIGHT OF WAY No. 8409
POB.. ..POINT OF BEGINNING
POINT OF COMMENCEMENT
TEMPORARY CONSTRUCTION EASEMENT
SE... SLOPE EASEMENT
EXHIBIT B * UNICO
APN: 196-020-14 11616 S HARLAN RD GINEERING
PORTION OF THE NE 1 SECTION 14, T1S,R6E, MDM 110 BLUE RAVINE RD SUITE 101 | FOLSOM, CA 95630 SHEET 3 OF 3 CITY OF LATHROP. COUNTY OF SAN JOAQUIN, STATE OF CALIFORNIA PHONE: 916.900.6623 | unicoengineering.com CLTA Preliminary Report Form Order Number: 5405-6134807 (Rev. 11/06) Page Number: 1
First American Title
First American Title Company
211 East Caldwell Avenue
Visalia, CA 93277
Order Number: 5405-6134807 ()
Escrow Officer: Ann Kay
Phone: (559)306-3387
Fax No.: (866)590-2169
E-Mail: [email protected]
E-Mail Loan Documents to: [email protected]
Buyer: Dokken Engineering
Owner: Balwant Singh Sandhu
Property: 11616 South Harlan Road
Lathrop, CA 95330
PRELIMINARY REPORT
in response to the above referenced application for a policy of title insurance, this company hereby reports that it is prepared t ssue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate o Nove refere to as an sec pto elon or not else in care gustined yet or a de or trance ipulations of said Policy form
The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set forth in Exhibit A attached. The policy to be issued may contain an arbitration cause. When the Amount of Insurance is less than that set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Limitations on Covered Risks applicable to the CLTA and ALTA Homeowner's Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Exhibit A. Copies of the policy forms should be read. They are available from the office which issued this report.
Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit A of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. t is important to note that this preliminary report is not a written representation as to the condition of title an lay not list all liens, defects, and encumbrances affecting title to the lanc This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested.
First American Title