Agenda packet — Safety and Communities Committee, January 18, 2023 (part 2 of 2)

INTRODUCTION
Purpose of the Appraisal
The purpose of this appraisal is to estimate the fair market value of an 11.99-acre portion of APN 106-034- 001 (Stanislaus County) in Modesto, California as of a current date of value.

Appraisal Report Format
This is an Appraisal Report, in accordance with the requirements identified in Standard Rule 2-2(a) of USPAP. The report format had been mutually agreed-upon by the client and undersigned prior to completion of this assignment. Additional supporting documentation and analyses, as appropriate, is retained in the appraiser’s file.

Scope of the Assignment
The scope of inspection consisted of a site visit of the Subject by Michelle Patton on January 26, 2021.

The scope of comparative data verification included a conversation with at least one of the parties to each transaction and review of county recording data. Each comparable sale was viewed, photographed and verified by Michelle Patton. The comparables cited herein should be construed as being a pertinent sampling, which were selected based upon physical and location similarities relative to the property under appraisement and/or the credibility of the data.

As of the date of value, the State of California was under a modified shelter-in-place mandate due to the rapid spread of COVID-19. In some cases, this mandate compromised the ability to gather information from public agencies and brokers related to this assignment.

The geographic scope of research was focused in Modesto and surrounding communities.

The following scope of resources was used in the development of the market value opinion expressed herein. Information provided by the client consisted of a preliminary report, aerial maps of the property to be appraised, and a description of the project.

Sources used in the process of analyzing the Subject property included:
• Assessor’s map
• Flood hazard map
• Discussions with local brokers
• Zoning ordinance for the City of Modesto
• General Plan for the City of Modesto
• Discussions with Ryan Daugherty, Real Property Agent with City of Modesto Sources used in the process of estimating value for the Subject included:
• Assessor’s records
• Multiple Listing Service (MLS)
• Local brokers
• CoStar
Intended Use
The intended use of the appraisal and report is to provide Ryan Daugherty (City of Modesto) with an opinion of fair market value of an 11.99-acre portion of APN 106-034-001 (Stanislaus County). It is understood that the appraisal will be used by the City of Modesto to help establish a basis for value of the Subject that will be used for a potential land swap with E&J Gallo Winery in connection with the TRRP Riverwalk Project. It is not intended for any other use.
#5..
- 214 -
Beard Brook Park - City of Modesto Property
South Morton Boulevard, Modesto, CA

CHAPMAN & PATTON

Page 2 ends

Intended User and Client
The intended user and client of this appraisal is Ryan Daugherty, Property Agent with the City of Modesto.

The appraisal is not intended for any other user.

Definitions
Appraisal Report - A written appraisal report prepared under Standards Rule 2-2(a) of the Uniform Standards of Professional Appraisal Practice.

Easement - Nonpossessory (incorporeal) interest in landed property conveying use, but not ownership, of a portion of that property.1
Encumbrance - Any claim or liability that affects or limits the title to property. An encumbrance can affect the title such as a mortgage or other lien, or it can affect the physical condition of the property such as an easement. An encumbrance cannot prevent the transfer of possession, but it does remain after the transfer. 2 Extraordinary Assumption - An assignment-specific assumption as of the effective date regarding uncertain information used in an analysis which, if found to be false, could alter the appraiser’s opinions or conclusions.”3
Fee Simple - Absolute ownership unencumbered by any other interest or estate, subject only to the limitations imposed by the governmental powers of taxation, eminent domain, police power and escheat.4 Highest And Best Use - The following explanation is taken directly from the 14th Edition of The Appraisal of Real Estate:

Hypothetical Condition - A Hypothetical Condition is “a condition, directly related to a specific assignment, which is contrary to what is known by the appraiser to exist on the effective date of the assignment results, but is used for the purpose of analysis.”
Comment: “Hypothetical Conditions are contrary to known facts about physical, legal or economic characteristics of the subject property; or about conditions external to the property, such as market conditions or trends; or about the integrity of data used in the analysis.”5 Market Value - The fair market value of the property taken is the highest price on the date of the valuation that would be agreed to by a seller, being willing to sell, but under no particular or urgent necessity of 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 each other with full knowledge of the uses and purposes for which the property is reasonably adaptable and available.6
1 Source: The Dictionary of Real Estate Appraisal, 5th Ed., published by the Appraisal Institute, 2010. 2 Source: The Dictionary of Real Estate Appraisal, 5th Ed., published by the Appraisal Institute, 2010. 3 Source: 2020-2021 Edition of USPAP, Page 4
4 Source: The Dictionary of Real Estate Appraisal, 5th Ed., published by the Appraisal Institute, 2010. Pg. 78 5 Source: 2020-2021 Edition of USPAP, page 4
6 Source: Code of Civil Procedure, Section 1263.320(a)
#5..
- 215 -
Beard Brook Park - City of Modesto Property
South Morton Boulevard, Modesto, CA

CHAPMAN & PATTON

Page 3 ends

General Assumptions and Limiting Conditions
The following Assumptions and Limiting Conditions have been relied upon and used in making this appraisal and estimating the respective values required by the purpose of the appraisal and its intended use. 1) No responsibility is assumed for legal or title considerations. Title to the property is assumed to be good and marketable unless otherwise stated in this report. 2) The property is appraised free and clear of any or all liens and encumbrances unless otherwise stated in this report.
3) Responsible ownership and competent property management are assumed unless otherwise stated in this report.
4) The information furnished by others is believed to be reliable. However, no warranty is given for its accuracy.
5) Sketches, plats, or photographs contained in this report are included to assist the reader in visualizing properties and no survey has been made of the property in the report. 6) The Appraiser assumes no responsibility for discovery of hidden or non-apparent conditions of the property, subsoil, or the structures that render it more or less valuable. Encroachment of real property improvements is assumed to not exist. No responsibility is assumed for arranging engineering studies or a survey, which may be required to discover these conditions. 7) It is assumed that there is full compliance with all applicable Federal, State, and local environmental regulations and laws unless otherwise stated in this report. 8) It is assumed that all applicable zoning and use regulations and restrictions have been complied with, unless nonconformity has been stated, defined, and considered in this appraisal report. 9) It is assumed that all required licenses, certificates of occupancy, or other legislative or administrative authority from any local, state, or national governmental or private entity or organization have been or can be obtained or renewed for any use on which the value conclusions contained in this report are based.
10) The Appraiser is not a soil expert. The existing soil and substructure has been assumed adequate for existing or proposed uses unless contrary information is provided and contained in this report.

It is advisable to have a soil analysis and report completed by a qualified soil engineer or other qualified expert so that any interested party will become knowledgeable as to the important soil information including seismic data, soil contaminants, type of fill, if any, or other relevant matters.
11) Unless otherwise stated in this report, the subject property is appraised without a specific compliance survey having been conducted to determine if the property is or is not in conformance with the requirements of the Americans with Disabilities Act. 12) The distribution, if any, of the total valuation in this report between land and improvements applies only under the stated program of utilization. The separate allocations for land and improvements must not be used in conjunction with any other appraisal and are invalid if so used. #5..
- 216 -
Beard Brook Park - City of Modesto Property
South Morton Boulevard, Modesto, CA

CHAPMAN & PATTON

Page 4 ends

13) Possession of this report, or a copy thereof, does not carry with it the right of publication. It may not be used for any purpose by any person other than the party to whom it is addressed without the written prior consent of the Appraiser, and in any event, only with proper written qualifications and only in its entirety.
14) Neither all nor any part of the contents of this report (especially any conclusions as to value, the identity of the Appraiser, or the firm with which the Appraiser is connected) shall be disseminated to the public through advertising, public relations, news sales, or other media.

Extraordinary Assumptions and Hypothetical Conditions
Please note that all Extraordinary Assumptions and Hypothetical Conditions could have an effect on the results of this appraisal.

Extraordinary Assumptions
1) It is assumed that no hazardous or toxic substances exist on the Subject property or the soils comprising the Subject land.
2) It is assumed that no other easements exist on the entire property that could affect use and/or value other than those noted in this report.
3) As the Subject contains a portion of a larger APN, it is assumed that a lot line adjustment/subdivision will be completed to create a separate, legal parcel and that all costs for the lot line adjustment/subdivision will be incurred by the City of Modesto. 4) As of the date of this report, it is assumed the Subject is in the same general condition as the last date of inspection, which was January 26, 2021.

Hypothetical Condition
1) The Subject property is subject to a land use restriction for use as a public park. This appraisal is made under the hypothetical condition that the Subject is not encumbered by this land use restriction.
2) This appraisal will only estimate the market value of the real property as if vacant. All improvements will be ignored for purposes of this assignment. #5..
- 217 -
Beard Brook Park - City of Modesto Property
South Morton Boulevard, Modesto, CA

CHAPMAN & PATTON

Page 5 ends

Certification of Appraiser
I certify that, to the best of my knowledge and belief:
− 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 my personal, impartial, and unbiased professional analyses, opinions, and conclusions.
− I have no present or prospective interest in the property that is the subject of this report and no personal interest with respect to the parties involved.
− I have no bias with respect to the property that is the subject of this report or to the parties involved with this assignment.
− my engagement in this assignment was not contingent upon developing or reporting predetermined results.
− my 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 opinion, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this appraisal.
− I made a personal (on-site) inspection of the property that is the subject of this report. − 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 3-year period immediately preceding acceptance of this assignment. − no one provided significant real property appraisal assistance to the person signing this certification. − the reported analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the Uniform Standards of Professional Appraisal Practice. − the use of this report is subject to the requirements of the Appraisal Institute relating to review by its duly authorized representatives.
− as of the date of this report, Michelle Patton has completed the continuing education program for designated members of the Appraisal Institute.

May 8, 2021
Date Michelle Patton, MAI, SR/WA, R/W-AC
Certified General Real Estate Appraiser # AG030012
#5..
- 218 -
Beard Brook Park - City of Modesto Property
South Morton Boulevard, Modesto, CA

CHAPMAN & PATTON

Page 6 ends

Summary of Salient Facts
Subject Property Location: Easterly side of South Morton Boulevard, Modesto, California|
Assessor Parcel Number(s): A portion of 106-034-001 (Stanislaus County) Owner(s) of Record: City of Modesto
Effective Date of Value: January 26, 2021
Date of Inspection: January 26, 2021
Date of Report: May 8, 2021
Intended Use: Provide the City of Modesto with a basis for the value of the Subject property for a potential land swap with E&J Gallo Winery.

Intended User(s): Ryan Daugherty, City of Modesto
Total Land Area: 11.99 acres
Improvements: None (assumed)
Zoning Designation: R-1 – Low Density Residential
General Plan: OS – Open Space
Rezoning Probability: Unlikely, but possible
Current Land Use: Assumed to be vacant, raw land
Interest Appraised: Fee simple
Highest and Best Use: Open Space/Recreational
Extraordinary Assumptions: See Page 5
Hypothetical Conditions: See Page 5
Summary of Value:

Value by Sales Comparison Approach $240,000
Value by Income Capitalization Approach Not Applicable
Value by Cost Approach Not Applicable
Fair Market Value $240,000
#5..
- 219 -
Beard Brook Park - City of Modesto Property
South Morton Boulevard, Modesto, CA

CHAPMAN & PATTON

Page 7 ends

ANALYSIS
Market Update
The valuation date for this assignment was over 11 months after the World Health Organization announced that the rapid spread of the Novel Coronavirus (COVID-19) had become a worldwide health emergency.

Because of Coronavirus, a stay at home order was issued by the State for California on March 19, 2020.

All nonessential businesses were required to close, all sporting events were immediately cancelled, and schools began teaching remotely. In a matter of only 3 weeks, over 25 million Americans filed for unemployment as the stock market lost 3 years of gain. In California, over 3.2 million people had applied for unemployment in May 2020. As of the valuation date, California was gradually allowing businesses to reopen. However, the Governor also mandated the requirement that all residents must wear face masks in public due to a recent surge in COVID-19 cases.

Area, City and Neighborhood Data
Stanislaus County
The Subject property is located in the central portion
of the city of Modesto, California, within Stanislaus
County. It is part of the region commonly known as
“The Central Valley” because of its location in the
center of California. The Central Valley is comprised
of eight counties: San Joaquin, Stanislaus, Merced,
Madera, Fresno, Kings, Tulare and Kern.

Stanislaus County is located in the north region of the Central Valley approximately 77-miles south of
Sacramento, 87-miles east of San Francisco and 100-
miles west of Yosemite National Park. The primary
industry in Stanislaus County is agriculture along with agricultural-related industry. The production of
commodities such as almonds (the leading crop),
apricots, melons, tomatoes, wine grapes, peaches,
walnuts, dairy and poultry products generates even
more economic activity through their processing,
packaging, marketing, and retail.

Since 2000, the county’s population has continued to grow at an average annual rate of 0.9%, reaching a total of 557,709 as of January 2020. While population growth from 1990 to 2000 was higher, the increase in population was due largely to the workers from the Bay Area who moved to Modesto seeking lower home prices. Houses in this region typically sell for 40% to 50% less than similar homes located in the Bay Area.

Affordability has created a very large “commuter work force” throughout the Central Valley. This growth is expected to continue through the next 20 years due to the availability of land and affordable housing.

However, as gas prices will likely rise, costs associated with commuting will impact a buyer’s decision to move over an hour from the Bay Area’s employment centers. The FFIEC (Federal Financial Institutions Examination Council) estimated median family income for the Subject’s MSA was $69,300 in 2020.

CHAPMAN & PATTON

Page 8 ends

that of the unincorporated area. Though the economic base remains predominantly agricultural, the County’s economy is shifting and population growth has increased pressure to alter agricultural lands to non-agricultural uses. The escalating population requires new jobs and housing to support it. As the population grows, this region will attempt to capture the interest of industries willing to take advantage of the skilled work force (now commuting to the Bay Area), and low land and construction costs. Growth in nonagricultural industries such as services and retail trades has begun to stabilize employment levels and is expected to provide most of the new employment opportunities.

Unemployment
As of December 2020, the unemployment rate in the County was 9.9%, which is nearly double the rate from this time last year (5.6%). This is compared to the State’s overall unemployment rate of 8.8%.

California’s unemployment rate spiked significantly in April 2020, due to the COVID-19 pandemic. While Stanislaus and California’s rates remained at over 15% for three months, rates began to slowly decline beginning in July when employees began returning to work.

Year Period
Stanislaus County California
2020 Dec 9.9 8.8
2020 Nov 8.3 7.9
2020 Oct 8.8 8.7
2020 Sep 10.3 10.8
2020 Aug 10.3 11.3
2020 July 13.6 13.9
2020 June 15.0 15.1
2020 May 16.2 16
2020 Apr 17.5 16.2
2019 Mar 8.4 5.8
2019 Feb 6.6 4.3
2019 Jan 6.6 4.3
Unemployment Rate
The City of Modesto
In 1870, Modesto was a one-square-mile railroad town. As of 2019, the city covers nearly 45 square miles with a population of approximately 215,201. It is the largest city in Stanislaus County and the county seat.

Highway 99, one of California’s major north-south arterials, extends through Modesto’s west side, and bisects the downtown area.

Highway 132 is an east/west route that intersects with Highway 99 in the downtown area. Highway 132 is also referred to as Maze Boulevard west of Modesto and then Yosemite Boulevard as it extends through the city toward Waterford to the east. Highway 108 begins in the downtown area of Modesto and extends north toward Riverbank. Highway 108 is also referred to as McHenry Avenue.

Santa Fe, Southern Pacific, and Union Pacific Railroads serve Modesto with interstate and transcontinental service. Modesto City-County Airport offers services through Sky West. Three to five flights each day connect with San Francisco and Sacramento. Nonstop flights are also available to major hubs throughout the nation.
#5..
- 221 -
Beard Brook Park - City of Modesto Property
South Morton Boulevard, Modesto, CA

CHAPMAN & PATTON

Page 9 ends

Regional Map
The Immediate Neighborhood
The Subject is located on the easterly side of South Morton Boulevard, south of Yosemite Avenue and north of the Tuolumne River. The Subject is within the Modesto city limits and adjacent to portions of Stanislaus County that are still unincorporated. Please refer to the neighborhood map on the following page.

The immediate neighborhood contains a mix of uses. The areas to the west consist primarily of heavy industrial uses, whereas the property to the east includes a large industrial campus owned by E&J Gallo Winery and Gallo Glass Company. The portion of the Gallo facility immediately adjacent to the Subject is primarily open space, with landscaping, walking trails, and a large pond. This area surrounds the Gallo administration building. Uses adjacent to the south include open space property owned by the City of Modesto and Tuolumne Regional River Park.
#5..
- 222 -
Beard Brook Park - City of Modesto Property
South Morton Boulevard, Modesto, CA

CHAPMAN & PATTON

Page 10 ends

Neighborhood Map
Neighborhood Aerial
Subject
Subject
#5..
- 223 -
Beard Brook Park - City of Modesto Property
South Morton Boulevard, Modesto, CA

CHAPMAN & PATTON

Page 11 ends

Subject Property Photographs
Note: All photographs were taken on January 26, 2021 by Michelle Patton

Left: Easterly view of Subject along creek
Right: Southeasterly view of Subject from northerly parking lot

Left: Southerly view of Subject from northerly parking lot Right: Southwesterly view of Subject along S. Morton Boulevard

Left: Southerly view of S. Morton Boulevard frontage
Right: Southeasterly view of Subject’s southerly property boundary #5..
- 224 -
Beard Brook Park - City of Modesto Property
South Morton Boulevard, Modesto, CA

CHAPMAN & PATTON

Page 12 ends

Left: Easterly view from South Morton Boulevard
Right: Southerly entrance to Subject

Left: Northerly view of S. Morton Boulevard frontage – Subject on right Right: Easterly view of Subject

Left: Easterly view of Subject
Right: Easterly view of Subject
#5..
- 225 -
Beard Brook Park - City of Modesto Property
South Morton Boulevard, Modesto, CA

CHAPMAN & PATTON

Page 13 ends

Left: Easterly view of Subject
Right: Easterly view of Subject

Left: Easterly view of Subject
Right: Easterly view of northerly parking lot
Northeasterly view of S. Morton Boulevard – Subject parking lot on right #5..
- 226 -
Beard Brook Park - City of Modesto Property
South Morton Boulevard, Modesto, CA

CHAPMAN & PATTON

Page 14 ends

Subject Property Identification
Legal Description
A preliminary report prepared by Chicago Title Company and dated December 4, 2019 was provided for this assignment. The report included the following legal description for the Subject APN.

Note: The Subject includes only a portion of APN 106-034-001.

Property Data
Site Size, Shape and Topography
As identified by the client, the Subject parcel is an 11.99-acre portion of Stanislaus County APN 106-034- 001, which is located along the easterly side of South Morton Boulevard, south of Yosemite Avenue in Modesto, California. There is no situs address for the property. The remainder of this APN (strip of land along the Morton Boulevard frontage) will be retained by the City of Modesto for a bike trail (see client exhibit on the following page for identification of the Subject property).

The Subject parcel has an atypical, elongated shape that follows the contours of Dry Creek (also known as Beard Brook) along the easterly boundary. Except for the areas down-sloping from the street frontage, the Subject is generally level.

The Subject parcel has significant frontage along South Morton Boulevard and is accessed at the northerly end via two driveway points of access for the northerly parking lot. There is also one point of vehicular access at the southerly end. South Morton Boulevard is a two-lane public street. #5..
- 227 -
Beard Brook Park - City of Modesto Property
South Morton Boulevard, Modesto, CA

CHAPMAN & PATTON

Page 15 ends

Subject Exhibit
#5..
- 228 -
Beard Brook Park - City of Modesto Property
South Morton Boulevard, Modesto, CA

CHAPMAN & PATTON

Page 16 ends

Assessor’s Parcel Map
Satellite Image
Subject
#5..
- 229 -
Beard Brook Park - City of Modesto Property
South Morton Boulevard, Modesto, CA

CHAPMAN & PATTON

Page 17 ends

Current Use/Improvements
The Subject is currently a part of Beard Brook Park that includes various public park improvements such as two asphalt-paved parking lots, restrooms, playground equipment, and a sports field. Other site improvements include mature landscaping with lawn areas, trees and concrete pathways. Much of the park is surrounded by a 6’ tall chain link fence.

For purposes of this assignment, all park improvements will be ignored. The land is appraised as if vacant.

Recently, the park was used as a homeless encampment from late 2018 through March 2019, when the City of Modesto relocated the homeless to another nearby location in an effort to revitalize Beard Brook Park and open it back up for public use.

Utilities
The Subject’s neighborhood is served with natural gas from Pacific Gas and Electric Company and electric service from Modesto Irrigation District. Water and sewer services are provided by the City of Modesto, with garbage services provided by Gilton Solid Waste.

Hazardous Conditions
According to Geotracker.waterboards.ca.gov, there is no history of contamination on the Subject property or any of the adjacent parcels (reference is made to Extraordinary Assumption No. 1).

The Subject is not located in a Special Earthquake Studies Zone but is subject to ground shaking as are all properties in this region.

FEMA Flood Hazard Area
As illustrated on the flood insurance rate map on the following page, the Subject is entirely within a flood hazard zone. The westerly majority is within Flood Zone AE, with the easterly portion along Dry Creek being within the FLOODWAY Zone AE, which includes areas subject to inundation by the 1-percentannual-chance flood event determined by detailed methods. Base Flood Elevations (BFEs) are shown.

Mandatory flood insurance purchase requirements and floodplain management standards apply.

Denny Ferreira, Chief Building Official with Stanislaus County, explained that the FEMA designations for the Subject severely limit development potential for the property. The only buildable portion of the Subject is the area within Special Flood Hazard Area of Zone AE. Any development or improvement to the property would have to be built at 78 feet elevation; which is 1 foot higher than the base flood elevation of ~77 feet.

The County’s GIS system provides the topographic layer that can be found on the following page for the Subject. It shows that the Subject property is primarily between 60 - 70 feet in elevation, which is below the minimum elevation required for development, if vacant. Development could happen, but significant costs could be added due to elevating the structure above the required base elevation of 77 feet either on piers or an elevated building pad.

These characteristics present significant restrictions on the potential development of the site and will be further discussed in the determination of the highest and best use of the Subject. #5..
- 230 -
Beard Brook Park - City of Modesto Property
South Morton Boulevard, Modesto, CA

CHAPMAN & PATTON

Page 18 ends

FIRM Map
Topographic Map
Subject
70 feet
60 feet
80 feet
#5..
- 231 -
Beard Brook Park - City of Modesto Property
South Morton Boulevard, Modesto, CA

CHAPMAN & PATTON

Page 19 ends

Easements
A preliminary report prepared by Chicago Title Company and dated December 4, 2019 was provided for this assignment and is included as Addendum B. The preliminary report did not identify any existing easements on the Subject. However, according to the client, there is an existing PG&E easement that crosses the northerly boundary. It contains 0.11 acre and is for utility purposes. Its location is shown below.

Additionally, this assignment assumes that the City will retain a 0.41-acre access easement (as shown below) across the southerly portion of the site, to allow for the City to access the portion of the adjacent property that they are acquiring from Gallo. Given the highest and best use conclusions, this access easement is not expected to have a negative impact on the value of the property.

It is assumed that no other easements exist that could negatively affect the property’s value or marketability other than those mentioned in this report.
#5..
- 232 -
Beard Brook Park - City of Modesto Property
South Morton Boulevard, Modesto, CA

CHAPMAN & PATTON

Page 20 ends

Sales/Use History
The Subject property has been used as a public park owned and operated by the City of Modesto for many years. There are no recent sales or transfers of the property.

Assessed Value and Taxes (2020 - 2021)
Since the Subject property is owned by a public entity, no assessed value has been established and no taxes have been imposed.

Zoning & General Plan: City of Modesto
The Subject is under the jurisdiction of The City of Modesto Planning Department and zoned R-1 (Limited Residential), whereas the General Plan designation is for Open Space.

The zoning is consistent with the zoning designation and uses adjacent to the south. While a change in zoning is possible, it is unlikely.

Zoning Map - City of Modesto
Subject
#5..
- 233 -
Beard Brook Park - City of Modesto Property
South Morton Boulevard, Modesto, CA

CHAPMAN & PATTON

Page 21 ends

General Plan Map - City of Modesto
Highest and Best Use - As Vacant
Highest and best use is defined as that use, from among reasonably probable and legal alternative uses, found to be physically possible, appropriately supported, financially feasible, and which results in highest land value. It may also be referred to as the most efficient and profitable permissible use.

Legal Permissibility Test — The Subject is zoned for low-density residential uses, which also allows for open space and some limited agricultural uses.

Physical Possibility Test — The physical nature of the Subject in terms of size and topography allows a wide variety of potential uses. However, the significant limiting factor is the proximity to Dry Creek and the Tuolumne River, and the FEMA Flood Hazard Floodway Zone AE designation. In short, development of the site would require extensive engineering and environmental considerations due to the flood zone. Access to the site is good.

Financial Feasibility Test — The neighborhood is primarily comprised of industrial, residential and open space uses. The financial feasibility of immediate development of the Subject takes into consideration the demand for various potential uses. Development of the site could be costprohibitive.

Looking at the site as if vacant, there are few economically viable uses for the Subject. While it could legally be used for crop farming, the practicality of that use is questionable due to its small size and location within an industrial and residential neighborhood. While open space is not an economically viable use, agricultural uses could generate some income, albeit marginal.

Subject
#5..
- 234 -
Beard Brook Park - City of Modesto Property
South Morton Boulevard, Modesto, CA

CHAPMAN & PATTON

Page 22 ends

Highest and Best Use Conclusion
Since the Subject does not have access to irrigation water, agricultural uses are not likely viable.

Development with a single-family dwelling is possible, but would require the structure being elevated on piers. While the residential market is strong in Modesto, the development of a new, custom home surrounded by industrial uses does not seem practical. While recreational/open space uses are not typically considered economically viable uses, this represents the most likely use of the Subject property. #5..
- 235 -
Beard Brook Park - City of Modesto Property
South Morton Boulevard, Modesto, CA

CHAPMAN & PATTON

Page 23 ends

VALUATION
Approaches to Value
In valuing real estate, three valuation methodologies are typically accepted in the appraisal process. These are the sales comparison approach, the income approach, and the cost approach. They are further described below.

Sales Comparison Approach
The sales comparison approach utilizes the principle of substitution, wherein recently sold comparable properties are found and analyzed for comparability to the subject property. The underlying assumption is that market support will be either similar to, or identical to any of a group of adjusted substitute properties; thus, the indicated value for the subject is based on a range of adjusted values for the “substitute” or “comparable” transactions.

Income Approach
Generally, the income approach converts income expectations into market value. The assumptions for the investment model can either be implicit in the model (direct capitalization, which converts a single year’s expected income into value using a ratio from the market), or explicit (yield capitalization, or DCF, which converts each year’s net income over a specified holding period).

Cost Approach
The cost approach identifies market supported improvements costs, subtracts a market supported amount assignable to accrued depreciation, adds land value, and derives a value based on the cost to reproduce the improvements. This “cost approach” presumes that a typical buyer would not pay more for an existing improved property (or a finished lot) than it would cost to reproduce the same improvements on a highly similar (substitute) site.

Value Methodology Used for the Subject Property
Of the three approaches to value, only the Sales Comparison Approach is utilized. The Sales Comparison Approach is applicable when a sufficient number of recent, reliable transactions create a perceptible value pattern in the market. For properties that are bought and sold regularly, the Sales Comparison Approach provides a good indication of market value, as it generally reflects the motivations of buyers and sellers.

The Cost Approach and Income Approach were not utilized because they do not reflect the motivations of typical buyers and sellers for this property type.

Sales Comparison Approach
The process of developing comparable sales included searching public record and published data sources for the most relevant sales of similar, competing properties in the Subject’s market area. Each sale was then verified by interviewing brokers, agents, buyers or sellers. The sales prices were adjusted as necessary for transactional elements such as financing, conditions of sale, post-sale expenditures, and market conditions. Finally, the sale properties were compared to the Subject for property characteristic differences. Primary elements of comparison are location, size, shape, access, and zoning.

Open space properties are not typically traded in the open market, given their limitations on development and lack of utility and/or marketability. While these types of properties do transact, the data is limited and geographically distant. After a thorough search of the local market, even sales of open space land in Stanislaus, Merced and San Joaquin Counties had other factors that impacted the value and appeal of the properties. The Subject is a unique property, given its location within the Modesto city limits, its proximity #5..
- 236 -
Beard Brook Park - City of Modesto Property
South Morton Boulevard, Modesto, CA

CHAPMAN & PATTON

Page 24 ends

to utilities, infrastructure and amenities, and its location along Dry Creek. These attributes are not easily captured in sales of open space land that lie far outside incorporated boundaries.

As such, the following analysis includes sales of both open space/recreational land, as well as agricultural land values, which is the most similar property type to open space. It should be remembered that each agricultural sale also could be developed with at least one single family dwelling, and inherently includes the value of one homesite. For this reason, the agricultural properties are considered superior to the Subject for development potential.

Comparable sales of similar vacant land parcels in Modesto and surrounding areas were researched and analyzed for this assignment. The selected sales are presented on the following comparable sales summary table and location map. Satellite images of each comparable sale can be found as Addendum C. The most appropriate units of comparison for this assignment is the price per acre. The following table summarizes the sales utilized in this assignment to appraise the Subject, as vacant. #5..
- 237 -
Beard Brook Park - City of Modesto Property
South Morton Boulevard, Modesto, CA

CHAPMAN & PATTON

Page 25 ends

# Address Size - Acres Shape Zoning Grantor Rec. Date
City Size - SF Access General Plan Grantee Price
County Topography Easements Doc. # Price/Acre
APN(s) Buildable Flood Zone Allocated
A SEC of Calvine/Jordan Ranch 7.47 Atypical AR-5 York 2/6/2018 Sacramento 325,393 Typical Agriculture Singh $100,000
Sacramento Level Typical 201802060904 $13,387
121-0180-063 No Zone AE
B Raley Blvd 14.32 Typical M-1 Garrette Ent. 10/25/2017 Sacramento 623,779 Typical Light Industrial Sac Area Flood $219,000 Sacramento Level Typical 201710250572 $15,293
215-0244-021 No Zone AE
1 4019 S Central 18.5 Typical A-2-40 Sanders Trust 12/3/2020 Turlock 805,860 Typical Agriculture Avila $625,000
Stanislaus Level Typical 99615 $33,784
058-027-005, 006 Yes Zone X
2 600 Tim Bell Road 8.09 Typical Residential Shaw 10/9/2020 Waterford 352,400 Typical LDR Hendrick Trust $275,000
Stanislaus Level Typical 78601 $33,993
080-023-004 Yes Zone X
3 12701 Ehrlich Road 39.45 Typical A-2-40 Sawyer 10/8/2020 Turlock 1,718,442 Typical Agriculture Romero $830,000
Stanislaus Level Typical 77869 $21,039
057-002-014 Yes Zone A
4 5137 S. Prairie Flower Road 11.44 Typical A-2-40 Crovo Trust 10/7/2020 Turlock 498,326 Typical Agriculture Brown $350,000
Stanislaus Level Typical 77369 $30,594
057-011-004 Yes Zone X
5 12337 Simmons Road 20.02 Typical A-2-40 Kaminski Trust 5/7/2020 Crows Landing 872,071 Limited Agriculture Carvalho $800,000 Stanislaus Level Typical 31452 $39,960
058-021-003, 007 Yes Zone X $28,000
6 1430 Linwood Avenue 20.06 Typical A-2-40 Hawkins 3/19/2020 Crows Landing 873,814 Typical Agriculture Bajwa $650,000 Stanislaus Level Typical 19925 $32,403
058-022-036 Yes Zone A $28,000
7 Gomes Road 11.23 Atypical A-2-10 Granite LLC 9/12/2019 Modesto 489,179 Average Urban Transistion Cabral $349,000 Stanislaus Level Typical N/A $31,077
014-037-067 Yes Zone A
Sub S. Morton Blvd. 11.99 Atypical R-1 N/A 1/26/2021
Modesto 522,284 Good Open Space N/A DOV
Stanislaus Level/Sloping Typical N/A
106-034-001 Possible Zone AE/Floodway
Comparable Land Sales
Agricultural/Homesite Sales
Open Space/Recreational
#5..
- 238 -
Beard Brook Park - City of Modesto Property
South Morton Boulevard, Modesto, CA

CHAPMAN & PATTON

Page 26 ends

Comparable Land Sales Map – Open Space/Recreational
Comparable Land Sales Map – Ag/Homesite
#5..
- 239 -
Beard Brook Park - City of Modesto Property
South Morton Boulevard, Modesto, CA

CHAPMAN & PATTON

Page 27 ends

Summary of Sales Comparison Approach
Sale A includes a 7.47-cre parcel of land along the southerly side of Calvine Road, just east of Jordan Ranch Road. The easterly and southerly boundary abuts Laguna Creek and the entire property is within Zone AE, which makes development of a residence cost-prohibitive. Although development exists to the north, east, south and west, the property is low-lying compared to the neighboring properties and is essentially unbuildable. The buyers intentions were to use the property for animals. It sold for $100,000, which is equivalent to $13,387 per acre.

Sale B includes a 14.32-acre parcel on the easterly side of Raley Boulevard, north of Santa Ana Avenue in northerly Sacramento. The property has a creek running through the westerly portion and is within Flood Zone AE. The property is also encumbered by transmission line easements. Although it has close proximity to utilities and other development, this parcel is considered unbuildable, due to wetlands. The property was listed on the open market, but interested buyers were dissuaded when finding out the property is not buildable. The Sacramento Area Flood Control Agency purchased the site for $219,000, which equates to $15,293 per acre and will use the property for a channel widening project. The sale is not considered to be influenced by the potential for eminent domain.

Sale 1 is located at 4019 South Central Avenue in Turlock, south of the Subject property. This 18.5-acre agricultural property that sold in December 2020 for $625,000, or $33,784 per acre. The property included two smaller, older single-family dwellings that were in below-average condition. They did have some contributory value, although no specific allocation was reported. There was an older ag well on the property, but its condition was questionable. Overall, this property is superior for its development potential (outside a flood hazard zone) and superior for improvements. The Subject’s value is expected to be lower than Sale

1. Sale 2 is located at 600 Tim Bell Road in the Waterford area. This 8.09-acre property sold in October 2020 for $275,000, which is equivalent to $33,993 per acre. This is a vacant agricultural property that is transitional in nature, with low-density residential zoning, similar to the Subject’s. It is in the same general size category as the Subject but is superior for its development potential and location outside of a flood hazard zone. Overall, this sale is considered superior to the Subject.

Sale 3 is located at 12701 Ehrlich Road in Turlock. It consists of a 39.45-acre agricultural property that sold in October 2020 for $830,000, or $21,039 per acre. The property was improved with a small dwelling that had minimal contributory value. Its soils were subpar for agricultural uses and it is within Flood Zone A. Its larger size is somewhat inferior to the Subject’s size. Overall, this sale is considered inferior and would indicate a higher unit value for the Subject property.

Sale 4 is located at 5137 S. Prairie Flower Road in Turlock, south of the Subject property. It includes an

11.44-acre property that sold in October 2020 for $350,000, or $30,594 per acre. It is zoned for agricultural uses. Its size is very similar to the Subject’s. However, this sale is superior for location and development potential to a residential homesite. Also, it includes an older domestic well and septic system.

Sale 5 is located at 12337 Simmons Road in Crows Landing. It sold in May 2020 for $800,000 ($39,960) and includes one parcel with 20.02 acres. The allocated price per acre for the raw land is $28,000 per acre, whereas the structural improvements were allocated the remainder of the sale price. The property is zoned for agricultural uses. This sale is inferior for its larger size, but superior for location and development potential.

Sale 6 is located at 1430 Linwood Avenue in Crows Landing and sold in March 2020 for $650,000. While the property is comprised of 20.06 acres, the allocated raw land value was $28,000 per acre, with the #5..
- 240 -
Beard Brook Park - City of Modesto Property
South Morton Boulevard, Modesto, CA

CHAPMAN & PATTON

Page 28 ends

structural improvements having roughly $88,320 contributory value. It is zoned for agricultural uses. This sale is inferior for its larger size, but superior for location and development potential.

Sale 7 is located on Gomes Road and includes a 11.23-acre parcel that sold in September 2019 for $349,000.

The indicated price per acre is $31,077 for this agricultural property along the Dry Creek frontage. Its size is very similar to the Subject’s. A pad was built up on this site to be able to accommodate a homesite, given its Flood Zone designation. Ultimately, this sale is superior for location and development potential.

The open space (unbuildable) land sales indicated prices of $13,387 and $15,293 per acre. These sales closed in 2017 and 2018, but given the limited market activity for these types of properties, no time adjustment is warranted.

The remaining comparable sales range from $21,039 to $33,993 per acre (land) and all sold between 2019 and 2020. Market conditions for agricultural land in the area was generally stable during this time period and no time adjustment is warranted. Each of these sales is considered to be superior as compared to the Subject with regard to development potential (homesite).

The sales that are most similar to the Subject with regards to development potential are Sales A and B ($13,387 and $15,293 per acre, respectively). These sales are in the same general size category as the Subject and have very limited development potential. However, these sales do not capture the appeal the Subject has given its location within Modesto and adjacency to Dry Creek. These sales would indicate a higher unit value for the Subject property.

The remaining sales are each considered to be superior to the Subject property. This conclusion is due to the very unique characteristics that the Subject possesses, such as atypical shape, inclusion within a FEMA designated Flood Zone AE and Floodway. While it does have some limited potential for agricultural uses, as well as the legal allowance of a residence (if elevated), the physical characteristics of the property diminish the potential value.

Indicated Value using the Sales Comparison Approach
Taking into consideration the Subject’s location and accessibility, size and availability of utilities, and corresponding development challenges, a value of $20,000 per acre of land is estimated for the Subject site.

As such, the estimated value of the Subject property (land only) is $240,000, when rounded.

Summary of Value
Size Indicated Unit Value Total

11.99 acres $20,000/acre $239,800
Rounded $240,000
Exposure Time
The estimated exposure time for the Subject is 6 to 9 months. #5..
- 241 -
Beard Brook Park - City of Modesto Property
South Morton Boulevard, Modesto, CA

CHAPMAN & PATTON

Page 29 ends

ADDENDA
ADDENDUM A – QUALIFICATIONS OF APPRAISER
#5..
- 242 -
Beard Brook Park - City of Modesto Property
South Morton Boulevard, Modesto, CA

CHAPMAN & PATTON

Page 30 ends

CHAPMAN & PATTON
Danville Office Oakdale Office
108 Club Terrace P.O. Box 973
Danville, CA 94526 Oakdale, CA 95361
Phone: 925.831.1311 Phone: 209.484.3217
Email: [email protected] Email: [email protected] Michelle Patton MAI, SR/WA, R/W-AC
President, Chapman & Patton
Experience:
2014 - Present Senior Appraiser: Chapman & Patton
Oakdale, California. (formerly Dean Chapman & Associates) 2008-2013 Senior Appraiser: Craig Owyang Real Estate, Inc.

Elk Grove, California.
2003-2008 Staff Appraiser: Robert Ford & Associates, Inc.

Modesto, California.

Memberships: The Appraisal Institute
International Right-of-Way Association
National Association of Realtors®
American Society of Farm Managers and Rural Appraisers (ASFMRA) Appraisal Designations: MAI (Designated Member of Appraisal Institute) Right-of-Way Designation: SR/WA (Senior Right-of-Way Agent – IRWA) R/W-AC (Right-of-Way Appraisal Certification – IRWA)
State Certification: Certified General Real Estate Appraiser State of California (AG030012)
Other Licensure: Real Estate Broker - Bureau of Real Estate State of California (BRE 01767847)
Appraiser Profile
Michelle Patton, MAI, SR/WA, R/W-AC was born and raised in California, originally from Danville but now resides near Oakdale. Mrs. Patton began her appraisal career in 2003 with Robert Ford and Associates, a commercial appraisal firm in Modesto, California. In 2009, the firm was purchased by Craig Owyang Real Estate where Mrs. Patton was a senior appraiser for over four years. She officially joined Dean Chapman & Associates as a staff appraiser in 2014. She earned the MAI designation from the Appraisal Institute in 2012 and the SR/WA and R/W-AC (Right-of-Way Appraisal Certification) from the International Right of Way Association in 2017 and 2013, respectively. She served as President on the Northern California Chapter of the Appraisal Institute’s board of directors in 2018. In 2019, she co-authored an article entitled “Transitional Use TCE”, which appeared in Right of Way magazine published by the International Right of Way Association. #5..
- 243 -
Beard Brook Park - City of Modesto Property
South Morton Boulevard, Modesto, CA

CHAPMAN & PATTON

Page 31 ends

Recent Professional Education
• Healthy is the New High Performance for Homes (Appraisal Institute) – January 2019 • 4-Hour Federal and California Statutory and Regulatory Laws – (Appraisal Institute) – Nov 2018 • IRS, Gift and Estate Tax Valuations – (Appraisal Institute) – November 2018 • Vineyard Valuation – (Appraisal Institute) – August 2018 • Business Practices and Ethics (Appraisal Institute) – February 2018 • USPAP (Appraisal Institute) – February 2018
• Zero Net Energy Home Building – (Appraisal Institute) – September 2017 • Bargaining Negotiations (IRWA) – May 2017
• Alternative Dispute Resolution (IRWA) January 2017
• Income Capitalization Approach (IRWA) – January 2017
• Real Estate Engineering (IRWA) – January 2017
• Real Estate Law (IRWA) – January 2017
• Principles of Land Acquisition (IRWA) – August 2016
• Real Estate Negotiation (IRWA) – July 2016
• Easement Valuation (IRWA) - July 2016
• Environmental Process (IRWA) – July 2016
• United States Land Titles (IRWA) – July 2016
• Legal Aspects of Easements (IRWA) – July 2016
• Vineyard Valuation – (Appraisal Institute) – June 2015 • LDAC – Leadership Development Advisory Council – (Appraisal Institute) – May 2015 • Liability, Lawsuits & Damages (Appraisal Institute) – January 2015 • Uniform Standards of Professional Appraisal Practice (Appraisal Institute) – December 2015 • LDAC - Leadership Development Advisory Council – (Appraisal Institute)- May 2014 • LDAC - Leadership Development Advisory Council – (Appraisal Institute)- May 2013 • Litigation Appraising – Specialized Topics and Applications (Appraisal Institute) – May 2013 • Ethics and the Right of Way Profession (IRWA) – April 2013 • The Valuation of Partial Acquisitions (IRWA) – March 2013 • The Appraiser as an Expert Witness (Appraisal Institute) – February 2013 • Advanced Applications (Appraisal Institute) – February 2011 • Advanced Sales Comparison & Cost Approach (Appraisal Institute) – February 2011 • Advanced Income Capitalization (Appraisal Institute) – January 2011 • General Report Writing & Case Studies (Appraisal Institute) – January 2011 • General Market Analysis and Highest & Best Use (Appraisal Institute) – December 2010 • Uniform Appraisal Standards for Federal Land Acquisitions (Appraisal Institute)- November 2010 Recent Speaking Engagements
• IRWA – Chapter 42 Spring Conference – Temporary Severance Damages – March 2018 • IRWA – Chapter 42 – Transitional Use TCEs – September 2019 • IRWA – Chapter 2 – Transitional Use TCEs – September 2019 • Caltrans Workshop – Transitional Use TCEs – November 2019 #5..
- 244 -
Beard Brook Park - City of Modesto Property
South Morton Boulevard, Modesto, CA

CHAPMAN & PATTON

Page 32 ends

Examples of Appraisal Assignments by Michelle Patton
Gas Transmission Line Projects
Variety of property types in Placer County,
Sutter County, Yolo County, San Jose,
Redwood City, Woodside, Lodi, Thornton,
Graton, Tracy, Sacramento, Patterson
High Speed Rail Project
Industrial Property: Fresno
Commercial Properties: Fresno
Agricultural Properties: Corcoran, Fresno,
Selma
Overhead Transmission Line Projects:

Solar Facility: Santa Nella
Orchards: Linden, Buttonwillow, Bakersfield,
Coalinga
Highest and Best Use Consulting
Utility Corridor: Mountain View
Damage from Fire
Residential Land: Santa Cruz
Contaminated Sites
Union City
Misc. Consulting
Highest and Best Use – excess land
Gas Transmission Lines – stigma
Airport District: Rent Study
Parkland Proximity: Effect on Market Value
Property Line Dispute: San Leandro
Railroad Corridor Acquisition
Ione School District: Ione
Road Widening along BNSF: Riverbank
Turn Signal/Road Widening: Riverbank
Underground Utility Easements
Rural Residential/Ag: Bakersfield
Rangeland: Coalinga
Transitional Land: Manteca
Shopping Mall: San Jose
Subsurface Easements: S. San Francisco
Road Widening/Improvement Projects
Balfour Road/Hwy 4: Brentwood
Claribel Road Widening: Riverbank
Bridge Replacement: San Jose
Bridge Replacement: Brentwood
SR-84 Widening: Livermore
SR-101: Carpinteria
BART Station Project: Milpitas
Petaluma
Davis Road: Salinas
Hartnell Road: Salinas
Bridge Replacement: West Point
Possible Encroachment Issues
Fence Line Dispute: Redwood City
Tree Root Encroachment: Pacific Grove
Parking Encroachment: Lafayette
Round About Projects
Bardin Road: Salinas
Danville Boulevard: Alamo
David Avenue: Salinas
Landslides
Pacifica
Title Disputes
Driveway Easement: Mill Valley
Sewer Line Easement: Walnut Creek
Pedestrian Access: Lafayette
#5..
- 245 -
Beard Brook Park - City of Modesto Property
South Morton Boulevard, Modesto, CA

CHAPMAN & PATTON

Page 33 ends

Locations of properties appraised by Chapman & Patton
#5..
- 246 -
Beard Brook Park - City of Modesto Property
South Morton Boulevard, Modesto, CA

CHAPMAN & PATTON

Page 34 ends

ADDENDUM B – PRELIMINARY REPORT
#5..
- 247 -
Beard Brook Park - City of Modesto Property
South Morton Boulevard, Modesto, CA

CHAPMAN & PATTON

Page 35 ends

#5..
- 248 -
Beard Brook Park - City of Modesto Property
South Morton Boulevard, Modesto, CA

CHAPMAN & PATTON

Page 36 ends

#5..
- 249 -
Beard Brook Park - City of Modesto Property
South Morton Boulevard, Modesto, CA

CHAPMAN & PATTON

Page 37 ends

#5..
- 250 -
Beard Brook Park - City of Modesto Property
South Morton Boulevard, Modesto, CA

CHAPMAN & PATTON

Page 38 ends

#5..
- 251 -
Beard Brook Park - City of Modesto Property
South Morton Boulevard, Modesto, CA

CHAPMAN & PATTON

Page 39 ends

#5..
- 252 -
Beard Brook Park - City of Modesto Property
South Morton Boulevard, Modesto, CA

CHAPMAN & PATTON

Page 40 ends

#5..
- 253 -
Beard Brook Park - City of Modesto Property
South Morton Boulevard, Modesto, CA

CHAPMAN & PATTON

Page 41 ends

#5..
- 254 -
Beard Brook Park - City of Modesto Property
South Morton Boulevard, Modesto, CA

CHAPMAN & PATTON

Page 42 ends

#5..
- 255 -
Beard Brook Park - City of Modesto Property
South Morton Boulevard, Modesto, CA

CHAPMAN & PATTON

Page 43 ends

#5..
- 256 -
Beard Brook Park - City of Modesto Property
South Morton Boulevard, Modesto, CA

CHAPMAN & PATTON

Page 44 ends

#5..
- 257 -
Beard Brook Park - City of Modesto Property
South Morton Boulevard, Modesto, CA

CHAPMAN & PATTON

Page 45 ends

#5..
- 258 -
Beard Brook Park - City of Modesto Property
South Morton Boulevard, Modesto, CA

CHAPMAN & PATTON

Page 46 ends

#5..
- 259 -
Beard Brook Park - City of Modesto Property
South Morton Boulevard, Modesto, CA

CHAPMAN & PATTON

Page 47 ends

#5..
- 260 -
Beard Brook Park - City of Modesto Property
South Morton Boulevard, Modesto, CA

CHAPMAN & PATTON

Page 48 ends

#5..
- 261 -
Beard Brook Park - City of Modesto Property
South Morton Boulevard, Modesto, CA

CHAPMAN & PATTON

Page 49 ends

#5..
- 262 -
Beard Brook Park - City of Modesto Property
South Morton Boulevard, Modesto, CA

CHAPMAN & PATTON

Page 50 ends

#5..
- 263 -
Beard Brook Park - City of Modesto Property
South Morton Boulevard, Modesto, CA

CHAPMAN & PATTON

Page 51 ends

#5..
- 264 -
Beard Brook Park - City of Modesto Property
South Morton Boulevard, Modesto, CA

CHAPMAN & PATTON

Page 52 ends

ADDENDUM C – COMPARABLE SALE SATELLITE IMAGES
Sale A
Sale B
#5..
- 265 -
Beard Brook Park - City of Modesto Property
South Morton Boulevard, Modesto, CA

CHAPMAN & PATTON

Page 53 ends

Sale 1
Sale 2
#5..
- 266 -
Beard Brook Park - City of Modesto Property
South Morton Boulevard, Modesto, CA

CHAPMAN & PATTON

Page 54 ends

Sale 3
Sale 4
#5..
- 267 -
Beard Brook Park - City of Modesto Property
South Morton Boulevard, Modesto, CA

CHAPMAN & PATTON

Page 55 ends

Sale 5
Sale 6
#5..
- 268 -
Beard Brook Park - City of Modesto Property
South Morton Boulevard, Modesto, CA

CHAPMAN & PATTON

Page 56 ends

Sale 7
#5..
- 269 -
Beard Brook Park - City of Modesto Property
South Morton Boulevard, Modesto, CA

CHAPMAN & PATTON

Page 57 ends

ADDENDUM D – ZONING ORDINANCE
#5..
- 270 -
Beard Brook Park - City of Modesto Property
South Morton Boulevard, Modesto, CA

CHAPMAN & PATTON

Page 58 ends

#5..
- 271 -
Beard Brook Park - City of Modesto Property
South Morton Boulevard, Modesto, CA

CHAPMAN & PATTON

Page 59 ends

#5..
- 272 -
Beard Brook Park - City of Modesto Property
South Morton Boulevard, Modesto, CA

CHAPMAN & PATTON

Page 60 ends

#5..
- 273 -
Beard Brook Park - City of Modesto Property
South Morton Boulevard, Modesto, CA

CHAPMAN & PATTON

Page 61 ends

#5..
- 274 -
Beard Brook Park - City of Modesto Property
South Morton Boulevard, Modesto, CA

CHAPMAN & PATTON

Page 62 ends

#5..
- 275 -
Beard Brook Park - City of Modesto Property
South Morton Boulevard, Modesto, CA

CHAPMAN & PATTON

Page 63 ends

#5..
- 276 -
Beard Brook Park - City of Modesto Property
South Morton Boulevard, Modesto, CA

CHAPMAN & PATTON

Page 64 ends

#5..
- 277 -
Beard Brook Park - City of Modesto Property
South Morton Boulevard, Modesto, CA

CHAPMAN & PATTON

Page 65 ends

#5..
- 278 -
Beard Brook Park - City of Modesto Property
South Morton Boulevard, Modesto, CA

CHAPMAN & PATTON

Page 66 ends

#5..
- 279 -
Beard Brook Park - City of Modesto Property
South Morton Boulevard, Modesto, CA

CHAPMAN & PATTON

Page 67 ends

#5..
- 280 -
Beard Brook Park - City of Modesto Property
South Morton Boulevard, Modesto, CA

CHAPMAN & PATTON

Page 68 ends

#5..
- 281 -
Beard Brook Park - City of Modesto Property
South Morton Boulevard, Modesto, CA

CHAPMAN & PATTON

Page 69 ends

#5..
- 282 -
Beard Brook Park - City of Modesto Property
South Morton Boulevard, Modesto, CA

CHAPMAN & PATTON

Page 70 ends

#5..
- 283 -
Beard Brook Park - City of Modesto Property
South Morton Boulevard, Modesto, CA

CHAPMAN & PATTON

Page 71 ends

#5..
- 284 -
Beard Brook Park - City of Modesto Property
South Morton Boulevard, Modesto, CA

CHAPMAN & PATTON

Page 72 ends

#5..
- 285 -
Beard Brook Park - City of Modesto Property
South Morton Boulevard, Modesto, CA

CHAPMAN & PATTON

Page 73 ends

#5..
- 286 -
Beard Brook Park - City of Modesto Property
South Morton Boulevard, Modesto, CA

CHAPMAN & PATTON

Page 74 ends

#5..
- 287 -
Beard Brook Park - City of Modesto Property
South Morton Boulevard, Modesto, CA

CHAPMAN & PATTON

Page 75 ends

#5..
- 288 -
Beard Brook Park - City of Modesto Property
South Morton Boulevard, Modesto, CA

CHAPMAN & PATTON

Page 76 ends

#5..
- 289 -
Beard Brook Park - City of Modesto Property
South Morton Boulevard, Modesto, CA

CHAPMAN & PATTON

Page 77 ends

#5..
- 290 -
Beard Brook Park - City of Modesto Property
South Morton Boulevard, Modesto, CA

CHAPMAN & PATTON

Page 78 ends

#5..
- 291 -
Beard Brook Park - City of Modesto Property
South Morton Boulevard, Modesto, CA

CHAPMAN & PATTON

Page 79 ends

#5..
- 292 -
Appraisal Report

PREPARED FOR

RYAN DAUGHERTY, PROPERTY AGENT

CITY OF MODESTO

PREPARED BY

CHAPMAN & PATTON

EFFECTIVE DATE OF VALUE
JANUARY 26, 2021

E & J GALLO WINERY AND GALLO GLASS COMPANY PROPERTY
PORTIONS OF APNS 035-016-010, 035-018-009, 035-018-013 & 035-024-007

SOUTH SANTA CRUZ AVENUE

MODESTO, CALIFORNIA
#5..
- 293 -
Po Box 973
Oakdale, CA 95361
Phone (209) 484-3217
Fax (209) 844-0320
www.chapmanandpatton.com
May 19, 2021
Ryan Daugherty, Property Agent
City of Modesto, Utilities Department
1010 10th Street
PO Box 642
Modesto, CA 95353
Dear Mr. Daugherty,
Pursuant to our agreement, an appraisal has been made of the Fair Market Value of the unencumbered fee simple interest of a 12.13-acre portion of Assessor’s Parcel Numbers 035-016-010 and 035-018-009, which are owned by E&J Gallo Winery, as well as portions of 035-018-013 and 035-024-007, which are owned by Gallo Glass Company. For purposes of this assignment, it is assumed that the properties are all under the same Beneficial Control. The Subject property is located west of South Santa Cruz Avenue, south of Yosemite Avenue in Modesto, California. The property being appraised will be referred to as the Subject property in this report.

The purpose of the appraisal report is to provide Ryan Daugherty with the City of Modesto with a basis for determining the Fair Market Value of the unencumbered fee simple interest of the Subject as of a current valuation date. It is understood that the appraisal will be used by the City of Modesto to help establish a basis of value for a potential land swap with E&J Gallo Winery/Gallo Glass Company in connection with the Tuolumne Regional River Park District Riverwalk Project.

The accompanying report contains a brief description of the property to be appraised. A site visit was conducted on January 26, 2021 in the company of Nathan Houx, City of Modesto representative, as well as Andrew Layland and Tim Byrd, representatives of E&J Gallo Winery/Gallo Glass Company.

I have gathered pertinent information, sales and other data relevant to the valuation, and analyzed the data to reach my conclusions. In my opinion, the market value of the Subject property as of January 26, 2021 was $243,000.

This is an Appraisal Report that is performed in accordance with generally accepted reporting requirements for Uniform Standards of Professional Appraisal Practice 2-2(a). Please refer to the General Assumptions and Limiting Conditions, as well as the Extraordinary Assumptions and Hypothetical Conditions found in the Introduction section of this report.

Very truly yours,

CHAPMAN & PATTON
Michelle Patton, MAI, SR/WA, R/W-AC
Certified General Real Estate Appraiser # AG030012
#5..
- 294 -
TABLE of CONTENTS

INTRODUCTION & SUMMARY
Purpose of the Appraisal............................................................................................................................... 1 Appraisal Report Format............................................................................................................................... 1 Scope of the Assignment .............................................................................................................................. 1 Intended Use ................................................................................................................................................. 2 Intended User and Client .............................................................................................................................. 2 Definitions..................................................................................................................................................... 2 General Assumptions and Limiting Conditions............................................................................................ 4 Extraordinary Assumptions and Hypothetical Conditions............................................................................ 5 Certification of Appraiser ............................................................................................................................. 6 Summary of Salient Facts............................................................................................................................. 7

ANALYSIS
Market Update .............................................................................................................................................. 7 Area, City and Neighborhood Data............................................................................................................... 8 Subject Property Photographs..................................................................................................................... 12 Subject Property Identification ................................................................................................................... 14 Property Data .............................................................................................................................................. 16 Highest And Best Use - As Vacant............................................................................................................. 23 Highest And Best Use Conclusion.............................................................................................................. 23

VALUATION
Approaches to Value................................................................................................................................... 24 Sales Comparison Approach....................................................................................................................... 24 Indicated Value using the Sales Comparison Approach............................................................................. 29 Exposure Time............................................................................................................................................ 29

ADDENDA
Addendum A – Qualifications of Appraiser ............................................................................................... 30 Addendum B – Preliminary Report - APN 035-016-010 ........................................................................... 35 Addendum C – Preliminary Report - APN 035-018-009 ........................................................................... 56 Addendum D – Comparable Sale Satellite Images..................................................................................... 75 Addendum E – Zoning Ordinance .............................................................................................................. 79 #5..
- 295 -
E&J Gallo Winery/Gallo Glass Company Property
South Santa Cruz Avenue, Modesto, CA

CHAPMAN & PATTON

Page 1 ends

INTRODUCTION
Purpose of the Appraisal
The purpose of this appraisal is to estimate the Fair Market Value of a 12.13-acre portion of APNs 035- 016-010, 035-018-009, 035-018-013 and 035-024-007 (Stanislaus County) in Modesto, California as of a current date of value.

Scope of the Assignment
The scope of inspection consisted of a site visit of the Subject by Michelle Patton on January 26, 2021.

The geographic scope of research was focused in Modesto and surrounding communities.

CHAPMAN & PATTON

Page 2 ends

Intended Use
The intended use of the appraisal and report is to provide Ryan Daugherty (City of Modesto) with an opinion of fair market value of a 12.13-acre portion of APNs 035-016-010, 035-018-009, 035-018-013 and 035- 024-007 (Stanislaus County). It is understood that the appraisal will be used by the City of Modesto to help establish a basis of value for the Subject that will be used for a potential land swap with E&J Gallo Winery/Gallo Glass Company in connection with the TRRP Riverwalk Project. It is not intended for any other use.

Intended User and Client
The intended user and client of this appraisal is Ryan Daugherty, Property Agent with the City of Modesto.

The appraisal is not intended for any other user.

Definitions
Appraisal Report - A written appraisal report prepared under Standards Rule 2-2(a) of the Uniform Standards of Professional Appraisal Practice.

The reasonably probable and legal use of vacant land or an improved property that is physically possible, appropriately supported, financially feasible, and that results in the highest value. The four criteria the highest and best use must meet are legal permissibility, physical possibility, financial feasibility, and maximum productivity. Alternatively, the probable use of land or improved property – specific with respect to the user and timing of the use – that is adequately supported and results in the highest present value. 1 Source: The Dictionary of Real Estate Appraisal, 5th Ed., published by the Appraisal Institute, 2010. 2 Source: The Dictionary of Real Estate Appraisal, 5th Ed., published by the Appraisal Institute, 2010. 3 Source: 2020-2021 Edition of USPAP, Page 4
4 Source: The Dictionary of Real Estate Appraisal, 5th Ed., published by the Appraisal Institute, 2010. Pg. 78 #5..
- 297 -
E&J Gallo Winery/Gallo Glass Company Property
South Santa Cruz Avenue, Modesto, CA

CHAPMAN & PATTON

Page 3 ends

Hypothetical Condition - A Hypothetical Condition is “a condition, directly related to a specific assignment, which is contrary to what is known by the appraiser to exist on the effective date of the assignment results, but is used for the purpose of analysis.”
Comment: “Hypothetical Conditions are contrary to known facts about physical, legal or economic characteristics of the subject property; or about conditions external to the property, such as market conditions or trends; or about the integrity of data used in the analysis.”5 Market Value - The fair market value of the property taken is the highest price on the date of the valuation that would be agreed to by a seller, being willing to sell, but under no particular or urgent necessity of 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 each other with full knowledge of the uses and purposes for which the property is reasonably adaptable and available.6
5 Source: 2020-2021 Edition of USPAP, page 4
6 Source: Code of Civil Procedure, Section 1263.320(a)
#5..
- 298 -
E&J Gallo Winery/Gallo Glass Company Property
South Santa Cruz Avenue, Modesto, CA

CHAPMAN & PATTON

Page 4 ends

It is advisable to have a soil analysis and report completed by a qualified soil engineer or other qualified expert so that any interested party will become knowledgeable as to the important soil information including seismic data, soil contaminants, type of fill, if any, or other relevant matters.
11) Unless otherwise stated in this report, the subject property is appraised without a specific compliance survey having been conducted to determine if the property is or is not in conformance with the requirements of the Americans with Disabilities Act. 12) The distribution, if any, of the total valuation in this report between land and improvements applies only under the stated program of utilization. The separate allocations for land and improvements must not be used in conjunction with any other appraisal and are invalid if so used. #5..
- 299 -
E&J Gallo Winery/Gallo Glass Company Property
South Santa Cruz Avenue, Modesto, CA

CHAPMAN & PATTON

Page 5 ends

Extraordinary Assumptions and Hypothetical Conditions
Please note that all Extraordinary Assumptions and Hypothetical Conditions could have an effect on the results of this appraisal.

Extraordinary Assumptions
1) It is assumed that no hazardous or toxic substances exist on the Subject property or the soils comprising the Subject land.
2) It is assumed that no other easements exist on the entire property that could affect use and/or value other than those noted in this report.
3) As the Subject contains a portion of a larger APN, it is assumed that a lot line adjustment/subdivision will be completed to create a separate, legal parcel and that all costs for the lot line adjustment/subdivision will be incurred by the City of Modesto. 4) It is assumed the Subject parcels are all under the same Beneficial Control. 5) There is a 20’ wide MID parcel that separates APNs 035-024-007 and 035-018-013. It is assumed that uninterrupted access to the Subject is provided across this parcel.

Hypothetical Condition
None.
#5..
- 300 -
E&J Gallo Winery/Gallo Glass Company Property
South Santa Cruz Avenue, Modesto, CA

CHAPMAN & PATTON

Page 6 ends

May 19, 2021
Date Michelle Patton, MAI, SR/WA, R/W-AC
Certified General Real Estate Appraiser # AG030012
#5..
- 301 -
E&J Gallo Winery/Gallo Glass Company Property
South Santa Cruz Avenue, Modesto, CA

CHAPMAN & PATTON

Page 7 ends

Summary of Salient Facts
Subject Property Location: Westerly side of South Santa Cruz Avenue, Modesto, California|
Assessor Parcel Number(s): A ~2.99-acre portion of 035-016-010 (Stanislaus County) A ~8.78-acre portion of 035-018-009
A ~0.25-acre portion of 035-018-013
A ~0.11-acre portion of 035-024-007
Owner(s) of Record: E&J Gallo Winery and Gallo Glass Company Effective Date of Value: January 26, 2021
Date of Inspection: January 26, 2021
Date of Report: May 19, 2021
Intended Use: Provide the City of Modesto with a basis for the value of the Subject property for a potential land swap with E&J Gallo Winery/Gallo Glass Company.

Intended User(s): Ryan Daugherty, City of Modesto
Total Land Area: 12.13 acres
Improvements: None (assumed)
Zoning Designation: M - Industrial and PD-87 - Planned Development General Plan: Industrial and Planned Development
Rezoning Probability: Unlikely, but possible
Current Land Use: Assumed to be vacant, raw land
Interest Appraised: Fee simple
Highest and Best Use: Open Space/Recreational
Extraordinary Assumptions: See Page 5
Hypothetical Conditions: None
Summary of Value:

Value by Sales Comparison Approach $243,000
Value by Income Capitalization Approach Not Applicable
Value by Cost Approach Not Applicable
Fair Market Value $243,000
#5..
- 302 -
E&J Gallo Winery/Gallo Glass Company Property
South Santa Cruz Avenue, Modesto, CA

CHAPMAN & PATTON

Page 8 ends

Because of Coronavirus, a stay at home order was issued by the State for California on March 19, 2020.

Area, City and Neighborhood Data
Stanislaus County
The Subject property near the central portion of the
city of Modesto, California, within Stanislaus County.

Although the Subject lies in an unincorporated area,
the City limits are located adjacent to the Subject on
the east and west boundaries. It is part of the region
commonly known as “The Central Valley” because of
its location in the center of California. The Central
Valley is comprised of eight counties: San Joaquin,
Stanislaus, Merced, Madera, Fresno, Kings, Tulare
and Kern.

Stanislaus County is located in the north region of the Central Valley approximately 77-miles south of
Sacramento, 87-miles east of San Francisco and 100-
miles west of Yosemite National Park. The primary
industry in Stanislaus County is agriculture along with agricultural-related industry. The production of
commodities such as almonds (the leading crop),
apricots, melons, tomatoes, wine grapes, peaches,
walnuts, dairy and poultry products generates even more economic activity through their processing, packaging, marketing, and retail.

CHAPMAN & PATTON

Page 9 ends

Stanislaus County could be considered to be an agriculture county in transition. Prior to 1960, most of the county’s population lived on farms. Currently, the county’s incorporated population is nearly three times that of the unincorporated area. Though the economic base remains predominantly agricultural, the County’s economy is shifting and population growth has increased pressure to alter agricultural lands to non-agricultural uses. The escalating population requires new jobs and housing to support it. As the population grows, this region will attempt to capture the interest of industries willing to take advantage of the skilled work force (now commuting to the Bay Area), and low land and construction costs. Growth in nonagricultural industries such as services and retail trades has begun to stabilize employment levels and is expected to provide most of the new employment opportunities.

Highway 99, one of California’s major north-south arterials, extends through Modesto’s west side, and bisects the downtown area.

Santa Fe, Southern Pacific, and Union Pacific Railroads serve Modesto with interstate and transcontinental service. Modesto City-County Airport offers services through Sky West. Three to five flights each day connect with San Francisco and Sacramento. Nonstop flights are also available to major hubs throughout the nation.
#5..
- 304 -
E&J Gallo Winery/Gallo Glass Company Property
South Santa Cruz Avenue, Modesto, CA

CHAPMAN & PATTON

Page 10 ends

Regional Map
The Immediate Neighborhood
The Subject is located on the west side of South Santa Cruz Avenue, near the terminus at Tuolumne River.

The Subject is adjacent to the Modesto city limits and lies within the Modesto Sphere of Influence. The Subject is located in an area under the jurisdiction of Stanislaus County. Please refer to the neighborhood map on the following page.

The Subject property includes portions of parcels owned and operated by E&J Gallo Winery and Gallo Glass Company, which comprise a large industrial campus used for manufacturing of wine and administrative and laboratory offices for the Gallo operations. The immediate neighborhood contains a mix of uses, primarily separated by South Santa Cruz Avenue. Uses south of Yosemite Boulevard (SR132) and west of South Santa Cruz Avenue consist primarily of heavy industrial uses and the previously mentioned Gallo campus. On the easterly side of the street, the uses consist of older single-family dwellings, public/quasi-public uses and some paved parking lots for Gallo employees.

South Santa Cruz Avenue leads to the main entrance of Legion Park, which is part of the Tuolumne River Regional Park system. Legion Park extends from South Santa Cruz Avenue easterly towards Tioga Drive.

The portion of the Gallo facility immediately adjacent to the Subject on the northwest is primarily open space, with landscaping, walking trails, and a large pond. This area surrounds the Gallo administration building. Immediately adjacent to the south is the Tuolumne River. #5..
- 305 -
E&J Gallo Winery/Gallo Glass Company Property
South Santa Cruz Avenue, Modesto, CA

CHAPMAN & PATTON

Page 11 ends

Neighborhood Map
Neighborhood Aerial
Subject
Subject
#5..
- 306 -
E&J Gallo Winery/Gallo Glass Company Property
South Santa Cruz Avenue, Modesto, CA

CHAPMAN & PATTON

Page 12 ends

Subject Property Photographs
Note: All photographs were taken on January 26, 2021 by Michelle Patton

Left: Northerly view of westerly portion of Subject
Right: Northeasterly view of westerly portion of Subject

Left: Typical terrain
Right: Northerly view of proposed access easement to be retained by E&J Gallo Winery

Left: Pump facilities within easement to be retained by E&J Gallo Winery Right: Typical terrain
#5..
- 307 -
E&J Gallo Winery/Gallo Glass Company Property
South Santa Cruz Avenue, Modesto, CA

CHAPMAN & PATTON

Page 13 ends

Left: Typical terrain
Right: Easterly view of Tuolumne River frontage

Left: Easterly view of Subject along Tuolumne River
Right: Easterly view of easterly portion of Subject
Left: Easterly view of easterly portion of Subject
#5..
- 308 -
E&J Gallo Winery/Gallo Glass Company Property
South Santa Cruz Avenue, Modesto, CA

CHAPMAN & PATTON

Page 14 ends

Subject Property Identification
Legal Description
Two preliminary reports prepared by Chicago Title Company were provided for this assignment. The report dated December 4, 2019 included the following legal description for APN 035-016-010.

Note: The Subject includes only a portion of the above-referenced APN.

The second report dated December 6, 2019 included the following legal description for APN 035-018-009.

Note: The Subject includes only a portion of the above-referenced APN. #5..
- 309 -
E&J Gallo Winery/Gallo Glass Company Property
South Santa Cruz Avenue, Modesto, CA

CHAPMAN & PATTON

Page 15 ends

#5..
- 310 -
E&J Gallo Winery/Gallo Glass Company Property
South Santa Cruz Avenue, Modesto, CA

CHAPMAN & PATTON

Page 16 ends

Property Data
Site Size, Shape and Topography
The Subject includes portions of four APNs. It does not specifically have its own situs address. As identified by the client, the Subject parcel is a 12.13-acre portion of land within 4 separate APNs. The areas outlined by the client include the following (see client exhibit on the following page for identification of the Subject property):

APN Total Parcel Size Areas included in Subject Property 035-016-010 41.40 acres 2.99 acres
035-018-009 17.35 acres 8.78 acres
035-018-013 17.56 acres 0.25 acre
035-024-007 0.20 acre 0.11 acre
Total 12.13 acres
The 12.13-acre portion includes an elongated, atypically-shaped property along the Tuolumne River frontage. The property can be accessed from the easternmost edge, along South Santa Cruz Avenue.

Notably, there is a 20’ wide MID parcel that separates APNs 035-024-007 and 035-018-013. It is assumed that uninterrupted access to the Subject is provided across this parcel (refer to Extraordinary Assumption 4). The site includes some level areas, as well as undulating terrain and down-sloping areas nearest the river.

It is assumed for purposes of this assignment that a 0.64-acre portion of APN 035-016-010 (westerly parcel) will be encumbered with an easement that will be retained by the property owner for an access road between the Gallo facilities to the north and an existing lift pump near the river frontage.

CHAPMAN & PATTON

Page 17 ends

Client Exhibit
Satellite Image
#5..
- 312 -
E&J Gallo Winery/Gallo Glass Company Property
South Santa Cruz Avenue, Modesto, CA

CHAPMAN & PATTON

Page 18 ends

Assessor’s Parcel Map 035-016
Assessor’s Parcel Map 035-018
Subject Portion
#5..
- 313 -
E&J Gallo Winery/Gallo Glass Company Property
South Santa Cruz Avenue, Modesto, CA

CHAPMAN & PATTON

Page 19 ends

Assessor’s Parcel Map 035-024
Current Use/Improvements
The majority of the Subject is unimproved, unused open space along the Tuolumne River frontage. The only portions of the Subject that have been used recently include the areas within the two easterly parcels.

These portions were used for parking and outdoor equipment storage.

The Subject is physically separated from the remainder of the APNs owned by Gallo by a chain link fence with security razor wire along the northerly boundary. The fence prevents trespassing into the Gallo facilities. There are numerous mature eucalyptus trees planted near the northerly fence, and the rest of the Subject includes numerous mature native trees and shrubs along the river frontage.

The Subject is not located in a Special Earthquake Studies Zone but is subject to ground shaking as are all properties in this region.

FEMA Flood Hazard Area
As illustrated on the flood insurance rate map on the following page, the Subject is entirely within a flood hazard zone. The large majority of the parcel is within the FLOODWAY Zone AE, which includes areas subject to inundation by the 1-percent-annual-chance flood event determined by detailed methods. Base Flood Elevations (BFEs) are shown. Mandatory flood insurance purchase requirements and floodplain management standards apply.

Subject Portion
#5..
- 314 -
E&J Gallo Winery/Gallo Glass Company Property
South Santa Cruz Avenue, Modesto, CA

CHAPMAN & PATTON

Page 20 ends

Denny Ferreira, Chief Building Official with Stanislaus County, explained that the FEMA designations for the Subject severely limit development potential for the property. The only buildable portion of the Subject is the area within Special Flood Hazard Area of Zone AE, which includes the access road portion near South Santa Cruz Avenue.

The rest of the Subject is within the FLOODWAY Zone AE. Any improvement to the property (including buildings, fences, storage of personal belongings, grading, etc.) would require a No-rise Certification from FEMA. This area is considered to be within the banks of the Tuolumne River. According to FEMA, “Any project within a floodway must be reviewed to determine if the project will increase flood heights. An engineering analysis must be conducted before a permit can be issued…” These characteristics cause significant restrictions that impact potential development of the site. This topic will be further discussed in the determination of the highest and best use of the Subject.

FIRM Map
Easements
Two preliminary reports were provided for this assignment and can be found as Addendum B and C.

However, these reports cover lands outside of the Subject boundaries, so any identified easements may not apply to the Subject. It is assumed that no other easements exist that could negatively affect the property’s value or marketability other than those mentioned in this report.

Subject
#5..
- 315 -
E&J Gallo Winery/Gallo Glass Company Property
South Santa Cruz Avenue, Modesto, CA

CHAPMAN & PATTON

Page 21 ends

This assignment assumes that the property owner (Gallo) will retain a 0.64-acre access easement (as shown below) across the westerly portion of the site, to allow continued access from the winery facility to the north, and an existing well/lift pump facility near the river bank.

Sales/Use History
The Subject property has been owned by Gallo for decades. There are no recent sales or transfers of the property.

Assessed Value and Taxes (2020 - 2021)
Since the Subject property is part of 4 APNs, its assessed values and taxes have not been identified separately. If the Subject were ever to be sold off from the remaining portions of the APNs, the property would be reassessed per Proposition 13.

Zoning & General Plan: City of Modesto
The Subject is under the jurisdiction of the Stanislaus County Planning Department. Three of the four parcels are zoned Industrial, whereas the small parcel along South Santa Cruz Avenue is zoned PD-87. The Stanislaus County General Plan designation (M-Industrial) is consistent with the zoning. While a change in zoning is possible, it is unlikely.

The Subject is within the city of Modesto’s Sphere of Influence, which designates the Subject for Open Space uses. If the property were ever to be annexed into the Modesto City limits, a rezone to uses compatible with the underlying general plan designation of Open Space would be reasonable. #5..
- 316 -
E&J Gallo Winery/Gallo Glass Company Property
South Santa Cruz Avenue, Modesto, CA

CHAPMAN & PATTON

Page 22 ends

Zoning Map – Stanislaus County
General Plan Map – Stanislaus County
Subject
Subject
#5..
- 317 -
E&J Gallo Winery/Gallo Glass Company Property
South Santa Cruz Avenue, Modesto, CA

CHAPMAN & PATTON

Page 23 ends

Legal Permissibility Test — The Subject is zoned for industrial uses, which allows a wide variety of manufacturing, warehousing and office uses. Open space and some limited agricultural uses are also allowable.

Physical Possibility Test — The physical nature of the Subject in terms of topography and inclusion in the FLOODWAY Zone AE is the significant limiting factor for development. Only a very small portion of the Subject is buildable, and even that area would require extensive engineering and environmental considerations due to the flood zone. Access to the site is limited to the narrow strip of land extending from South Santa Cruz Avenue.

Financial Feasibility Test — Open space and recreational uses are the most likely use of the Subject, given its proximity to the Tuolumne River.

Highest and Best Use Conclusion
While recreational/open space uses are not typically considered economically viable uses, this represents the most likely use of the Subject property.

Subject (Open Space)
#5..
- 318 -
E&J Gallo Winery/Gallo Glass Company Property
South Santa Cruz Avenue, Modesto, CA

CHAPMAN & PATTON

Page 24 ends

The Cost Approach and Income Approach were not utilized because they do not reflect the motivations of typical buyers and sellers for this property type.

Open space properties are not typically traded in the open market, given their limitations on development and lack of utility and/or marketability. While these types of properties do transact, the data is limited and geographically distant. After a thorough search of the local market, even sales of open space land in Stanislaus, Merced and San Joaquin Counties had other factors that impacted the value and appeal of the properties. The Subject is a unique property, given its location surrounded by the Modesto city limits, its #5..
- 319 -
E&J Gallo Winery/Gallo Glass Company Property
South Santa Cruz Avenue, Modesto, CA

CHAPMAN & PATTON

Page 25 ends

proximity to utilities, infrastructure and amenities, and its location along the Tuolumne River. These attributes are not easily captured in sales of open space land that lie far outside incorporated boundaries.

Comparable sales of similar vacant land parcels in Modesto and surrounding areas were researched and analyzed for this assignment. The selected sales are presented on the following comparable sales summary table and location map. Satellite images of each comparable sale can be found as Addendum C. The most appropriate units of comparison for this assignment is the price per acre. The following table summarizes the sales utilized in this assignment to appraise the Subject, as vacant. #5..
- 320 -
E&J Gallo Winery/Gallo Glass Company Property
South Santa Cruz Avenue, Modesto, CA

CHAPMAN & PATTON

Page 26 ends

# Address Size - Acres Shape Zoning Grantor Rec. Date
City Size - SF Access General Plan Grantee Price
County Topography Easements Doc. # Price/Acre
APN(s) Buildable Flood Zone Allocated
A SEC of Calvine/Jordan Ranch 7.47 Atypical AR-5 York 2/6/2018 Sacramento 325,393 Typical Agriculture Singh $100,000
Sacramento Level Typical 201802060904 $13,387
121-0180-063 No Zone AE
B Raley Blvd 14.32 Typical M-1 Garrette Ent. 10/25/2017 Sacramento 623,779 Typical Light Industrial Sac Area Flood $219,000 Sacramento Level Typical 201710250572 $15,293
215-0244-021 No Zone AE
1 4019 S Central 18.5 Typical A-2-40 Sanders Trust 12/3/2020 Turlock 805,860 Typical Agriculture Avila $625,000
Stanislaus Level Typical 99615 $33,784
058-027-005, 006 Yes Zone X
2 600 Tim Bell Road 8.09 Typical Residential Shaw 10/9/2020 Waterford 352,400 Typical LDR Hendrick Trust $275,000
Stanislaus Level Typical 78601 $33,993
080-023-004 Yes Zone X
3 12701 Ehrlich Road 39.45 Typical A-2-40 Sawyer 10/8/2020 Turlock 1,718,442 Typical Agriculture Romero $830,000
Stanislaus Level Typical 77869 $21,039
057-002-014 Yes Zone A
4 5137 S. Prairie Flower Road 11.44 Typical A-2-40 Crovo Trust 10/7/2020 Turlock 498,326 Typical Agriculture Brown $350,000
Stanislaus Level Typical 77369 $30,594
057-011-004 Yes Zone X
5 12337 Simmons Road 20.02 Typical A-2-40 Kaminski Trust 5/7/2020 Crows Landing 872,071 Limited Agriculture Carvalho $800,000 Stanislaus Level Typical 31452 $39,960
058-021-003, 007 Yes Zone X $28,000
6 1430 Linwood Avenue 20.06 Typical A-2-40 Hawkins 3/19/2020 Crows Landing 873,814 Typical Agriculture Bajwa $650,000 Stanislaus Level Typical 19925 $32,403
058-022-036 Yes Zone A $28,000
7 Gomes Road 11.23 Atypical A-2-10 Granite LLC 9/12/2019 Modesto 489,179 Average Urban Transistion Cabral $349,000 Stanislaus Level Typical N/A $31,077
014-037-067 Yes Zone A
Sub S. Santa Cruz Ave 12.13 Atypical Industrial N/A 1/26/2021 Modesto (uninc) 528,383 Below-Ave Industrial N/A DOV
Stanislaus Level/Sloping Typical N/A
Various N/A Zone AE/Floodway
Comparable Land Sales
Agricultural/Homesite Sales
Open Space/Recreational
#5..
- 321 -
E&J Gallo Winery/Gallo Glass Company Property
South Santa Cruz Avenue, Modesto, CA

CHAPMAN & PATTON

Page 27 ends

Comparable Land Sales Map – Open Space/Recreational
Comparable Land Sales Map – Ag/Homesite
#5..
- 322 -
E&J Gallo Winery/Gallo Glass Company Property
South Santa Cruz Avenue, Modesto, CA

CHAPMAN & PATTON

Page 28 ends

Summary of Sales Comparison Approach
Sale A includes a 7.47-acre parcel of land along the southerly side of Calvine Road, just east of Jordan Ranch Road. The easterly and southerly boundary abuts Laguna Creek and the entire property is within Zone AE, which makes development of a residence cost-prohibitive. Although development exists to the north, east, south and west, the property is low-lying compared to the neighboring properties and is essentially unbuildable. The buyer’s intentions were to use the property for animals. It sold for $100,000, which is equivalent to $13,387 per acre.

Summary of Sales Comparison Approach
Sale 1 is located at 4019 South Central Avenue in Turlock, south of the Subject property. This 18.5-acre agricultural property that sold in December 2020 for $625,000, or $33,784 per acre. The property included two smaller, older single-family dwellings that were in below-average condition. They did have some contributory value, although no specific allocation was reported. There was an older ag well on the property, but its condition was questionable. Overall, this property is superior for its development potential (outside a flood hazard zone) and superior for improvements. The Subject’s value is expected to be lower than Sale

Sale 4 is located at 5137 S. Prairie Flower Road in Turlock, south of the Subject property. It includes an

Sale 5 is located at 12337 Simmons Road in Crows Landing. It sold in May 2020 for $800,000 ($39,960 per acre) and includes one parcel with 20.02 acres. The allocated price per acre for the raw land is $28,000 per acre, whereas the structural improvements were allocated the remainder of the sale price. The property is zoned for agricultural uses. This sale is inferior for its larger size, but superior for location and development potential.

Sale 6 is located at 1430 Linwood Avenue in Crows Landing and sold in March 2020 for $650,000. While the property is comprised of 20.06 acres, the allocated raw land value was $28,000 per acre, with the #5..
- 323 -
E&J Gallo Winery/Gallo Glass Company Property
South Santa Cruz Avenue, Modesto, CA

CHAPMAN & PATTON

Page 29 ends

structural improvements having roughly $88,320 contributory value. It is zoned for agricultural uses. This sale is inferior for its larger size, but superior for location and development potential.

Sale 7 is located on Gomes Road and includes a 11.23-acre parcel that sold in September 2019 for $349,000.

The indicated price per acre is $31,077 for this agricultural property along the Dry Creek frontage. Its size is very similar to the Subject’s. However, this sale is superior for location and development potential.

The sales that are most similar to the Subject with regards to development potential are Sales A and B ($13,387 and $15,293 per acre, respectively). These sales are in the same general size category as the Subject and have very limited development potential. However, these sales do not capture the appeal the Subject has given its location within Modesto and adjacency to the Tuolumne River. These sales would indicate a higher unit value for the Subject property.

The remaining sales are each considered to be superior to the Subject property. This conclusion is due to the very unique characteristics that the Subject possesses, such as atypical shape, inclusion within a FEMA designated Flood Zone AE and Floodway. While it does have some limited potential for agricultural uses, the physical characteristics of the property diminish the potential value.

As previously discussed, the most likely use of the Subject is open space. Some recreational uses could also be allowed, but permits would be required for any commercial (recreational) uses that utilize the river, such as rafting, fishing or guided tours. The economic viability of these uses is speculative and cannot be easily quantified.

As such, the estimated value of the Subject property (land only) is $243,000, when rounded.

Summary of Value
Size Indicated Unit Value Total

12.13 acres $20,000/acre $242,600
Rounded $243,000
Exposure Time
The estimated exposure time for the Subject is 6 to 9 months. #5..
- 324 -
E&J Gallo Winery/Gallo Glass Company Property
South Santa Cruz Avenue, Modesto, CA

CHAPMAN & PATTON

Page 30 ends

ADDENDA
ADDENDUM A – QUALIFICATIONS OF APPRAISER
#5..
- 325 -
E&J Gallo Winery/Gallo Glass Company Property
South Santa Cruz Avenue, Modesto, CA

CHAPMAN & PATTON

Page 31 ends

Elk Grove, California.
2003-2008 Staff Appraiser: Robert Ford & Associates, Inc.

Modesto, California.

Memberships: The Appraisal Institute
International Right-of-Way Association
National Association of Realtors®
American Society of Farm Managers and Rural Appraisers (ASFMRA) Appraisal Designations: MAI (Designated Member of Appraisal Institute) Right-of-Way Designation: SR/WA (Senior Right-of-Way Agent – IRWA) R/W-AC (Right-of-Way Appraisal Certification – IRWA)
State Certification: Certified General Real Estate Appraiser State of California (AG030012)
Other Licensure: Real Estate Broker - Bureau of Real Estate State of California (BRE 01767847)
Appraiser Profile
Michelle Patton, MAI, SR/WA, R/W-AC was born and raised in California, originally from Danville but now resides near Oakdale. Mrs. Patton began her appraisal career in 2003 with Robert Ford and Associates, a commercial appraisal firm in Modesto, California. In 2009, the firm was purchased by Craig Owyang Real Estate where Mrs. Patton was a senior appraiser for over four years. She officially joined Dean Chapman & Associates as a staff appraiser in 2014. She earned the MAI designation from the Appraisal Institute in 2012 and the SR/WA and R/W-AC (Right-of-Way Appraisal Certification) from the International Right of Way Association in 2017 and 2013, respectively. She served as President on the Northern California Chapter of the Appraisal Institute’s board of directors in 2018. In 2019, she co-authored an article entitled “Transitional Use TCE”, which appeared in Right of Way magazine published by the International Right of Way Association. #5..
- 326 -
E&J Gallo Winery/Gallo Glass Company Property
South Santa Cruz Avenue, Modesto, CA

CHAPMAN & PATTON

Page 32 ends

Recent Professional Education
• Healthy is the New High Performance for Homes (Appraisal Institute) – January 2019 • 4-Hour Federal and California Statutory and Regulatory Laws – (Appraisal Institute) – Nov 2018 • IRS, Gift and Estate Tax Valuations – (Appraisal Institute) – November 2018 • Vineyard Valuation – (Appraisal Institute) – August 2018 • Business Practices and Ethics (Appraisal Institute) – February 2018 • USPAP (Appraisal Institute) – February 2018
• Zero Net Energy Home Building – (Appraisal Institute) – September 2017 • Bargaining Negotiations (IRWA) – May 2017
• Alternative Dispute Resolution (IRWA) January 2017
• Income Capitalization Approach (IRWA) – January 2017
• Real Estate Engineering (IRWA) – January 2017
• Real Estate Law (IRWA) – January 2017
• Principles of Land Acquisition (IRWA) – August 2016
• Real Estate Negotiation (IRWA) – July 2016
• Easement Valuation (IRWA) - July 2016
• Environmental Process (IRWA) – July 2016
• United States Land Titles (IRWA) – July 2016
• Legal Aspects of Easements (IRWA) – July 2016
• Vineyard Valuation – (Appraisal Institute) – June 2015 • LDAC – Leadership Development Advisory Council – (Appraisal Institute) – May 2015 • Liability, Lawsuits & Damages (Appraisal Institute) – January 2015 • Uniform Standards of Professional Appraisal Practice (Appraisal Institute) – December 2015 • LDAC - Leadership Development Advisory Council – (Appraisal Institute)- May 2014 • LDAC - Leadership Development Advisory Council – (Appraisal Institute)- May 2013 • Litigation Appraising – Specialized Topics and Applications (Appraisal Institute) – May 2013 • Ethics and the Right of Way Profession (IRWA) – April 2013 • The Valuation of Partial Acquisitions (IRWA) – March 2013 • The Appraiser as an Expert Witness (Appraisal Institute) – February 2013 • Advanced Applications (Appraisal Institute) – February 2011 • Advanced Sales Comparison & Cost Approach (Appraisal Institute) – February 2011 • Advanced Income Capitalization (Appraisal Institute) – January 2011 • General Report Writing & Case Studies (Appraisal Institute) – January 2011 • General Market Analysis and Highest & Best Use (Appraisal Institute) – December 2010 • Uniform Appraisal Standards for Federal Land Acquisitions (Appraisal Institute)- November 2010 Recent Speaking Engagements
• IRWA – Chapter 42 Spring Conference – Temporary Severance Damages – March 2018 • IRWA – Chapter 42 – Transitional Use TCEs – September 2019 • IRWA – Chapter 2 – Transitional Use TCEs – September 2019 • Caltrans Workshop – Transitional Use TCEs – November 2019 #5..
- 327 -
E&J Gallo Winery/Gallo Glass Company Property
South Santa Cruz Avenue, Modesto, CA

CHAPMAN & PATTON

Page 33 ends

Solar Facility: Santa Nella
Orchards: Linden, Buttonwillow, Bakersfield,
Coalinga
Highest and Best Use Consulting
Utility Corridor: Mountain View
Damage from Fire
Residential Land: Santa Cruz
Contaminated Sites
Union City
Misc. Consulting
Highest and Best Use – excess land
Gas Transmission Lines – stigma
Airport District: Rent Study
Parkland Proximity: Effect on Market Value
Property Line Dispute: San Leandro
Railroad Corridor Acquisition
Ione School District: Ione
Road Widening along BNSF: Riverbank
Turn Signal/Road Widening: Riverbank
Underground Utility Easements
Rural Residential/Ag: Bakersfield
Rangeland: Coalinga
Transitional Land: Manteca
Shopping Mall: San Jose
Subsurface Easements: S. San Francisco
Road Widening/Improvement Projects
Balfour Road/Hwy 4: Brentwood
Claribel Road Widening: Riverbank
Bridge Replacement: San Jose
Bridge Replacement: Brentwood
SR-84 Widening: Livermore
SR-101: Carpinteria
BART Station Project: Milpitas
Petaluma
Davis Road: Salinas
Hartnell Road: Salinas
Bridge Replacement: West Point
Possible Encroachment Issues
Fence Line Dispute: Redwood City
Tree Root Encroachment: Pacific Grove
Parking Encroachment: Lafayette
Round About Projects
Bardin Road: Salinas
Danville Boulevard: Alamo
David Avenue: Salinas
Landslides
Pacifica
Title Disputes
Driveway Easement: Mill Valley
Sewer Line Easement: Walnut Creek
Pedestrian Access: Lafayette
#5..
- 328 -
E&J Gallo Winery/Gallo Glass Company Property
South Santa Cruz Avenue, Modesto, CA

CHAPMAN & PATTON

Page 34 ends

Locations of properties appraised by Chapman & Patton
#5..
- 329 -
E&J Gallo Winery/Gallo Glass Company Property
South Santa Cruz Avenue, Modesto, CA

CHAPMAN & PATTON

Page 35 ends

ADDENDUM B – PRELIMINARY REPORT APN 035-016-010
#5..
- 330 -
E&J Gallo Winery/Gallo Glass Company Property
South Santa Cruz Avenue, Modesto, CA

CHAPMAN & PATTON

Page 36 ends

#5..
- 331 -
E&J Gallo Winery/Gallo Glass Company Property
South Santa Cruz Avenue, Modesto, CA

CHAPMAN & PATTON

Page 37 ends

#5..
- 332 -
E&J Gallo Winery/Gallo Glass Company Property
South Santa Cruz Avenue, Modesto, CA

CHAPMAN & PATTON

Page 38 ends

#5..
- 333 -
E&J Gallo Winery/Gallo Glass Company Property
South Santa Cruz Avenue, Modesto, CA

CHAPMAN & PATTON

Page 39 ends

#5..
- 334 -
E&J Gallo Winery/Gallo Glass Company Property
South Santa Cruz Avenue, Modesto, CA

CHAPMAN & PATTON

Page 40 ends

#5..
- 335 -
E&J Gallo Winery/Gallo Glass Company Property
South Santa Cruz Avenue, Modesto, CA

CHAPMAN & PATTON

Page 41 ends

#5..
- 336 -
E&J Gallo Winery/Gallo Glass Company Property
South Santa Cruz Avenue, Modesto, CA

CHAPMAN & PATTON

Page 42 ends

#5..
- 337 -
E&J Gallo Winery/Gallo Glass Company Property
South Santa Cruz Avenue, Modesto, CA

CHAPMAN & PATTON

Page 43 ends

#5..
- 338 -
E&J Gallo Winery/Gallo Glass Company Property
South Santa Cruz Avenue, Modesto, CA

CHAPMAN & PATTON

Page 44 ends

#5..
- 339 -
E&J Gallo Winery/Gallo Glass Company Property
South Santa Cruz Avenue, Modesto, CA

CHAPMAN & PATTON

Page 45 ends

#5..
- 340 -
E&J Gallo Winery/Gallo Glass Company Property
South Santa Cruz Avenue, Modesto, CA

CHAPMAN & PATTON

Page 46 ends

#5..
- 341 -
E&J Gallo Winery/Gallo Glass Company Property
South Santa Cruz Avenue, Modesto, CA

CHAPMAN & PATTON

Page 47 ends

#5..
- 342 -
E&J Gallo Winery/Gallo Glass Company Property
South Santa Cruz Avenue, Modesto, CA

CHAPMAN & PATTON

Page 48 ends

#5..
- 343 -
E&J Gallo Winery/Gallo Glass Company Property
South Santa Cruz Avenue, Modesto, CA

CHAPMAN & PATTON

Page 49 ends

#5..
- 344 -
E&J Gallo Winery/Gallo Glass Company Property
South Santa Cruz Avenue, Modesto, CA

CHAPMAN & PATTON

Page 50 ends

#5..
- 345 -
E&J Gallo Winery/Gallo Glass Company Property
South Santa Cruz Avenue, Modesto, CA

CHAPMAN & PATTON

Page 51 ends

#5..
- 346 -
E&J Gallo Winery/Gallo Glass Company Property
South Santa Cruz Avenue, Modesto, CA

CHAPMAN & PATTON

Page 52 ends

#5..
- 347 -
E&J Gallo Winery/Gallo Glass Company Property
South Santa Cruz Avenue, Modesto, CA

CHAPMAN & PATTON

Page 53 ends

#5..
- 348 -
E&J Gallo Winery/Gallo Glass Company Property
South Santa Cruz Avenue, Modesto, CA

CHAPMAN & PATTON

Page 54 ends

#5..
- 349 -
E&J Gallo Winery/Gallo Glass Company Property
South Santa Cruz Avenue, Modesto, CA

CHAPMAN & PATTON

Page 55 ends

#5..
- 350 -
E&J Gallo Winery/Gallo Glass Company Property
South Santa Cruz Avenue, Modesto, CA

CHAPMAN & PATTON

Page 56 ends

ADDENDUM C – PRELIMINARY REPORT 035-018-009
#5..
- 351 -
E&J Gallo Winery/Gallo Glass Company Property
South Santa Cruz Avenue, Modesto, CA

CHAPMAN & PATTON

Page 57 ends

#5..
- 352 -
E&J Gallo Winery/Gallo Glass Company Property
South Santa Cruz Avenue, Modesto, CA

CHAPMAN & PATTON

Page 58 ends

#5..
- 353 -
E&J Gallo Winery/Gallo Glass Company Property
South Santa Cruz Avenue, Modesto, CA

CHAPMAN & PATTON

Page 59 ends

#5..
- 354 -
E&J Gallo Winery/Gallo Glass Company Property
South Santa Cruz Avenue, Modesto, CA

CHAPMAN & PATTON

Page 60 ends

#5..
- 355 -
E&J Gallo Winery/Gallo Glass Company Property
South Santa Cruz Avenue, Modesto, CA

CHAPMAN & PATTON

Page 61 ends

#5..
- 356 -
E&J Gallo Winery/Gallo Glass Company Property
South Santa Cruz Avenue, Modesto, CA

CHAPMAN & PATTON

Page 62 ends

#5..
- 357 -
E&J Gallo Winery/Gallo Glass Company Property
South Santa Cruz Avenue, Modesto, CA

CHAPMAN & PATTON

Page 63 ends

#5..
- 358 -
E&J Gallo Winery/Gallo Glass Company Property
South Santa Cruz Avenue, Modesto, CA

CHAPMAN & PATTON

Page 64 ends

#5..
- 359 -
E&J Gallo Winery/Gallo Glass Company Property
South Santa Cruz Avenue, Modesto, CA

CHAPMAN & PATTON

Page 65 ends

#5..
- 360 -
E&J Gallo Winery/Gallo Glass Company Property
South Santa Cruz Avenue, Modesto, CA

CHAPMAN & PATTON

Page 66 ends

#5..
- 361 -
E&J Gallo Winery/Gallo Glass Company Property
South Santa Cruz Avenue, Modesto, CA

CHAPMAN & PATTON

Page 67 ends

#5..
- 362 -
E&J Gallo Winery/Gallo Glass Company Property
South Santa Cruz Avenue, Modesto, CA

CHAPMAN & PATTON

Page 68 ends

#5..
- 363 -
E&J Gallo Winery/Gallo Glass Company Property
South Santa Cruz Avenue, Modesto, CA

CHAPMAN & PATTON

Page 69 ends

#5..
- 364 -
E&J Gallo Winery/Gallo Glass Company Property
South Santa Cruz Avenue, Modesto, CA

CHAPMAN & PATTON

Page 70 ends

#5..
- 365 -
E&J Gallo Winery/Gallo Glass Company Property
South Santa Cruz Avenue, Modesto, CA

CHAPMAN & PATTON

Page 71 ends

#5..
- 366 -
E&J Gallo Winery/Gallo Glass Company Property
South Santa Cruz Avenue, Modesto, CA

CHAPMAN & PATTON

Page 72 ends

#5..
- 367 -
E&J Gallo Winery/Gallo Glass Company Property
South Santa Cruz Avenue, Modesto, CA

CHAPMAN & PATTON

Page 73 ends

#5..
- 368 -
E&J Gallo Winery/Gallo Glass Company Property
South Santa Cruz Avenue, Modesto, CA

CHAPMAN & PATTON

Page 74 ends

#5..
- 369 -
E&J Gallo Winery/Gallo Glass Company Property
South Santa Cruz Avenue, Modesto, CA

CHAPMAN & PATTON

Page 75 ends

ADDENDUM D – COMPARABLE SALE SATELLITE IMAGES
Sale A
Sale B
#5..
- 370 -
E&J Gallo Winery/Gallo Glass Company Property
South Santa Cruz Avenue, Modesto, CA

CHAPMAN & PATTON

Page 76 ends

Sale 1
Sale 2
#5..
- 371 -
E&J Gallo Winery/Gallo Glass Company Property
South Santa Cruz Avenue, Modesto, CA

CHAPMAN & PATTON

Page 77 ends

Sale 3
Sale 4
#5..
- 372 -
E&J Gallo Winery/Gallo Glass Company Property
South Santa Cruz Avenue, Modesto, CA

CHAPMAN & PATTON

Page 78 ends

Sale 5
Sale 6
#5..
- 373 -
E&J Gallo Winery/Gallo Glass Company Property
South Santa Cruz Avenue, Modesto, CA

CHAPMAN & PATTON

Page 79 ends

Sale 7
#5..
- 374 -
E&J Gallo Winery/Gallo Glass Company Property
South Santa Cruz Avenue, Modesto, CA

CHAPMAN & PATTON

Page 80 ends

ADDENDUM E – ZONING ORDINANCE
#5..
- 375 -
E&J Gallo Winery/Gallo Glass Company Property
South Santa Cruz Avenue, Modesto, CA

CHAPMAN & PATTON

Page 81 ends

#5..
- 376 -
E&J Gallo Winery/Gallo Glass Company Property
South Santa Cruz Avenue, Modesto, CA

CHAPMAN & PATTON

Page 82 ends

#5..
- 377 -
E&J Gallo Winery/Gallo Glass Company Property
South Santa Cruz Avenue, Modesto, CA

CHAPMAN & PATTON

Page 83 ends

#5..
- 378 -
E&J Gallo Winery/Gallo Glass Company Property
South Santa Cruz Avenue, Modesto, CA

CHAPMAN & PATTON

Page 84 ends

#5..
- 379 -
E&J Gallo Winery/Gallo Glass Company Property
South Santa Cruz Avenue, Modesto, CA

CHAPMAN & PATTON

Page 85 ends

#5..
- 380 -
E&J Gallo Winery/Gallo Glass Company Property
South Santa Cruz Avenue, Modesto, CA

CHAPMAN & PATTON

Page 86 ends

#5..
- 381 -
E&J Gallo Winery/Gallo Glass Company Property
South Santa Cruz Avenue, Modesto, CA

CHAPMAN & PATTON

Page 87 ends

#5..
- 382 -
E&J Gallo Winery/Gallo Glass Company Property
South Santa Cruz Avenue, Modesto, CA

CHAPMAN & PATTON

Page 88 ends

#5..
- 383 -
E&J Gallo Winery/Gallo Glass Company Property
South Santa Cruz Avenue, Modesto, CA

CHAPMAN & PATTON

Page 89 ends

#5..
- 384 -
E&J Gallo Winery/Gallo Glass Company Property
South Santa Cruz Avenue, Modesto, CA

CHAPMAN & PATTON

Page 90 ends

#5..
- 385 -
E&J Gallo Winery/Gallo Glass Company Property
South Santa Cruz Avenue, Modesto, CA

CHAPMAN & PATTON

Page 91 ends

#5..
- 386 -
E&J Gallo Winery/Gallo Glass Company Property
South Santa Cruz Avenue, Modesto, CA

CHAPMAN & PATTON

Page 92 ends

#5..
- 387 -
E&J Gallo Winery/Gallo Glass Company Property
South Santa Cruz Avenue, Modesto, CA

CHAPMAN & PATTON

Page 93 ends

#5..
- 388 -
E&J Gallo Winery/Gallo Glass Company Property
South Santa Cruz Avenue, Modesto, CA

CHAPMAN & PATTON

Page 94 ends

#5..
- 389 -
E&J Gallo Winery/Gallo Glass Company Property
South Santa Cruz Avenue, Modesto, CA

CHAPMAN & PATTON

Page 95 ends

#5..
- 390 -
E&J Gallo Winery/Gallo Glass Company Property
South Santa Cruz Avenue, Modesto, CA

CHAPMAN & PATTON

Page 96 ends

#5..
- 391 -
E&J Gallo Winery/Gallo Glass Company Property
South Santa Cruz Avenue, Modesto, CA

CHAPMAN & PATTON

Page 97 ends

#5..
- 392 -
E&J Gallo Winery/Gallo Glass Company Property
South Santa Cruz Avenue, Modesto, CA

CHAPMAN & PATTON

Page 98 ends

#5..
- 393 -
E&J Gallo Winery/Gallo Glass Company Property
South Santa Cruz Avenue, Modesto, CA

CHAPMAN & PATTON

Page 99 ends

#5..
- 394 -
E&J Gallo Winery/Gallo Glass Company Property
South Santa Cruz Avenue, Modesto, CA

CHAPMAN & PATTON

Page 100 ends

#5..
- 395 -
E&J Gallo Winery/Gallo Glass Company Property
South Santa Cruz Avenue, Modesto, CA

CHAPMAN & PATTON

Page 101 ends

#5..
- 396 -
E&J Gallo Winery/Gallo Glass Company Property
South Santa Cruz Avenue, Modesto, CA

CHAPMAN & PATTON

Page 102 ends

#5..
- 397 -
TRRP
Tuolumne River
Dry Creek
New Pedestrian
Bridge
New Gallo
Access Trail

E & J GALLO WINERY
Dry Creek

BEARDBROOK
PARK
TRRP
TRRP
Existing Sewer Lines

STANISLAUS
FOODS
Approx. 12.15 Total Acres(Approx. 11.25 Acres without southern Utility Easement) New Dry Creek Trail Connection
S. Morton Blvd.
11th Street
12th Street
BEARDBROOK PARK - TRAIL CONNECTIONCONCEPT PLAN L1
#5..
- 398 -

PROPOSED REPLACEMENT PARCEL - TRAIL CONNECTION
CONCEPT PLAN L2
TRRP
TRRP
Legion
Hall
Tuolumne River
Dry Creek
Tuolumne River
New Pedestrian
Bridge
New Gallo
Access Trail
New Riverwalk Trail
TRRP
New Riverwalk Trail (Approx. 11 Acres)

E & J GALLO WINERY
Proposed Replacement Parcel
#5..
- 399 -

CITY OF MODESTO

COMMITTEE AGENDA REPORT
DATE OF MEETING:

January 18, 2023
Date: December 20, 2022
TO: Safety and Communities Committee:

Chris Ricci, Chair
Rosa Escutia-Braaton, Vice Chair
Jeremiah Williams, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: Bill Sandhu, Public Works Director
SUBJECT: Amendment of Speed Limit Ordinance, Article 14, Chapter 2, Title 3 CONTACT: Mark G. Murphy, Traffic Engineer, [email protected], 209-577-5431 DESCRIPTION:

Consider an Ordinance amending Section 3-2.1401.1 of Article 14, Chapter 2, Title 3 of the Modesto Municipal Code relating to speed limits to determine and designate speed limit changes. (Funding: Surface Transportation Fund (Gas Tax)) STRATEGIC PLAN ELEMENT:

This item is consistent with Council’s Strategic Commitment Area of Focus: “Quality of Life Goals and Strategies”; engage partners across the community to ensure the safety, resilience, and attractiveness of Modesto; Goal A: “Improve community safety and quality of life through a combination of prevention and intervention efforts that address safety and it’s underlying issues.”
BACKGROUND:

The California Vehicle Code (CVC) Section 22358 authorizes local agencies to post speed limits less than 65 miles per hour on local streets. However, in order to use radar to enforce these speed limits, the CVC mandates the following conditions:
 The local agency shall prepare an engineering and traffic survey.  The engineering and traffic survey shall be updated every five years, seven, or ten years, per CVC Section 40802.
 The speed limit shall be based upon the 85th percentile travel speed and an engineering and traffic survey.
 The speed limit may be reduced by 5 mph with proper justification from the nearest 5 mph increment of the 85th percentile speed, per CVC Section 627 and 22358. #6..
- 400 -
Safety and Communities Committee, January 18, 2023
Amendment of Speed Limit Ordinance, Article 14, Chapter 2, Title 3

Page 2 of 6 ends

 In cases in which the speed limit needs to be rounded up to the nearest 5 mph increment of the 85th percentile speed, the local authority can decide to instead round down the speed limit to the lower 5 mph increment, but then the local authority would be prohibited from reducing the speed limit any further for any reason, per State Assembly Bill No. 529.  The local agency may declare a school zone 15 MPH speed limit when children are present, in accordance with CVC Section 22358.

DISCUSSION:

At the present time, the speed limit is 25 mph in front of schools and near schools “when children are present” as permitted by CVC Section 22352 “Prima Facie Speed Limits.” CVC Section 22358.4 allows the school zone speed to be reduced to 20 mph or 15 mph on two lane roadways in residential districts where the existing posted speed limit is 25 mph or 30 mph when engineering and traffic survey conditions indicate a lower speed limit is justified at that location based on the survey results.

Lowering the speed limits to 15 mph in school zones provides increased protection of children in several different ways. First, it provides motorists additional time to see a child and slow or stop if required. Children are more difficult to see than adults because they are smaller in size.

Additionally, according to the National Safe Kids Foundation Pedestrian Injury Fact Sheet, children do not fully develop their auditory and visual acuity, depth perception and ability to scan for oncoming cars until they are at least 10 years of age.

Second, the lower speed limit in school zones will provide children with additional safety if an accident were to occur. Most school zone speed limits are 25 mph and below, and this is supported by several sources, including the National Safe Kids Campaign’s brochure Child Pedestrians at Risk in America. The brochure states: A National Survey of Speeding in School Zones, children are eight times more likely to survive an impact, if the vehicle is traveling 30 miles per hour than if they are struck by a vehicle traveling 20 mph or less. Setting the speed limit at 15 mph not only reduces the likelihood of a child being struck by a vehicle, it also reduces the chances of serious injury or death in the case of a collision.

The engineering and traffic survey results could also indicate the existing 25 mph school zone speed limit is appropriate. In those locations, the CVC would not allow posting of a lower speed limit.

In accordance with CVC Section 22358.4, the local agency may establish a 15-mph speed limit in a school zone when children are present when the following criteria are met:
 Street (or highway) is in a residential district.
 Street (or highway) outside of a school zone has a posted speed limit no greater than 30 mph.
 Street (or highway) has no more than a total of two through traffic lanes (one in each direction or two in one direction).
 The reduced school zone speed limit of 15 mph is within 500 feet of school grounds.  The extended school zone speed limit of 25 mph is within 500 to 1,000 feet of school grounds.
#6..
- 401 -
Safety and Communities Committee, January 18, 2023
Amendment of Speed Limit Ordinance, Article 14, Chapter 2, Title 3

Page 3 of 6 ends

A. The following streets are recommended to have 25 mph school zone speed limits reduced to 15 mph and will conclude all the schools within the City of Modesto limits that are eligible for this reduction.

NAME OF STREET OR PORTION AFFECTED EXISTING
SPEED
LIMIT

PROPOSED

PRIMA FACIE

SPEED LIMIT

1.BOWEN AVENUE, between Fremont Avenue and
College Avenue 25 15

2.CHEYENNE WAY, between Seminole Lane and
Shawnee Drive 25 15

3.COLDWELL AVENUE, between Brady Avenue and
Enslen Avenue 25 15

4.ENCINA AVENUE, between North Conejo Avenue and
Rosina Avenue 25 15

5.ESCUELITA AVENUE, between North Santa Ana
Avenue and Las Palmas Avenue 25 15

6.GLENN AVENUE, between Las Vegas Street and
Rutherford Street 25 15

7. JANNA AVENUE, between Easter Drive and Peach
Drive 25 15

8.KIRSCHEN DRIVE, between Crippen Avenue and Pine
Tree Lane 25 15

9.LAS VEGAS STREET, between Butte Avenue and
Glenn Avenue 25 15

10. LUCERN AVENUE, between Coffee Road and El Terino
Avenue 25 15

11. MIDDLEBORO PLACE, between Lakewood Avenue and
Eastridge Drive 25 15

12. MOUNT VERNON DRIVE, between Hemminger Way
and Sharondell Drive 30 15

13. w NORTHVIEW DRIVE, between Mable Avenue and
Kentwood Avenue 25 15

14. ROSE AVENUE, between Crestview Drive and Wylie
Drive 30 15

15. EAST RUMBLE ROAD, between Claremont Avenue and
Hampshire Lane 30 15

16. WEST RUMBLE ROAD, between Napier Drive and Tully
Road 30 15

17. #6..
- 402 -
Safety and Communities Committee, January 18, 2023
Amendment of Speed Limit Ordinance, Article 14, Chapter 2, Title 3

Page 4 of 6 ends

18. NAME OF STREET OR PORTION AFFECTED EXISTING
SPEED
LIMIT

PROPOSED

PRIMA FACIE

SPEED LIMIT

19. SHELDON DRIVE, between Janet Drive and Pembroke
Drive 25 15

20. SONOMA AVENUE, between East Orangeburg Avenue
and Meadow Rue Drive 25 15

21. SUNRISE AVENUE, between East Coolidge Avenue and
East Orangeburg Avenue 30 15

22. TOKAY AVENUE, between Sunrise Avenue and La
Cienega Drive 25 15

23. WARM SPRINGS DRIVE, between Eastport Drive and
Eastren Avenue 25 15

24. WISDOM WAY, between Whole Court 25 15
*The local agency may declare a 15-mph speed limit when children are present in accordance with CVC Section 22358.4.

B. The following streets have 15 MPH reduced speeds in school zones.

NAME OF STREET OR PORTION AFFECTED DECLARED

PRIMA FACIE

SPEED LIMIT
BEAR CUB LANE, between Kodiak Drive and Hillglen Avenue 15 BOWIE AVENUE, between School Avenue and El Paso Avenue 15 CALIFORNIA AVENUE, between Champagne Lane and S. Emerald Avenue
15 CONANT AVENUE, between Nancy Lane and W. Rumble Road 15 ELISE STREET, between Hudson Lane and Sutter Avenue 15
SOUTH EMERALD AVENUE, between California Avenue and Muriel Avenue
15 FINE AVENUE, between Lauding Way and Kodiak Drive 15 FINE AVENUE, between Merle Avenue and Sharon Avenue 15
FLOYD AVENUE, between Newport Drive and Vicki Drive 15
HAMMODND STREET, between Robertson Road and Red Pine Drive 15 KODIAK DRIVE, between Litt Road and Fine Avenue 15
KODIAK DRIVE, between Tagura Drive and Bear Cub Lane 15 #6..
- 403 -
Safety and Communities Committee, January 18, 2023
Amendment of Speed Limit Ordinance, Article 14, Chapter 2, Title 3

Page 5 of 6 ends

MAID MARIANE LANE, between Merle Avenue and Sharon Avenue 15 MERLE AVENUE, between Wisdom Way and Walnut Tree Drive 15 MONTEREY AVENUE, between Kerr Avenue and Empire Avenue 15 POUST ROAD, between Chapparal Place and Kidd Avenue 15
ROBERTSON ROAD, between Pine Tree Lane and Hammond Street 15 WEST RUMBLE ROAD, between Conant Avenue and Marvin Gardens 15 WEST RUMBLE ROAD, between Park Place and Holiday Lane 15 SCHOOL AVENUE, between Crows Landing Road and Bowie Avenue 15 SHARON AVENUE, between Maid Mariane Lane and Fine Avenue 15 SUTTER AVENUE, between Elsie Street and South Avenue 15 TERESA STREET, between Seasons Way and Grape Avenue 15
WOODROW AVENUE, between Tully Road and Lord Avenue 15
FISCAL IMPACT:

If Council chooses to approve the proposed speed limit changes, new signs will cost approximately $75 each to install. The total cost is estimated to be $3,600. There is no direct cost to the city for enforcing the speed limit. Officers can issue a citation for speed violation with a current and valid speed survey on file.

Funds are budgeted in the existing Fiscal Year 2022/2023 Traffic Operations accounts to support the recommended action:
 1700-53550-53150, Real Property Maintenance and Repair Supplies  1700-53550-51001, Salaries and Wages
CEQA/NEPA REQUIREMENTS:

This is not a project as defined by CEQA guidelines, Categorical Class III, Section 15303.

RECOMMENDED COMMITTEE ACTION:

Staff Recommendations:

Motion approving an Ordinance amending Section 3-2.1401.1 of Article 14, Chapter 2, Title 3 of the Modesto Municipal Code relating to speed limits and forwarding to Council for approval. #6..
- 404 -
Safety and Communities Committee, January 18, 2023
Amendment of Speed Limit Ordinance, Article 14, Chapter 2, Title 3

Page 6 of 6 ends

Approved by:

Bill Sandhu, Public Works Director
Joseph P. Lopez, City Manager
Attachments:

1. Redlines MMC Article 14

2. Updated Ordinance

3. State of California Assembly Bill No. 529
#6..
- 405 -
Created: 2022-07-27 10:51:55 [EST]
(Supp. No. 61)

Page 1 of 11 ends

3-2.1401.1 Change in Speed Limits Set by State Law; For Purpose of Enforcement Using Radar or Other Electronic Device.

By authority of, and upon the basis of engineering and traffic surveys conducted pursuant to Vehicle Code and the Traffic Manual of the Department of Transportation, it is determined that the prima facie speed limits which follow would facilitate the orderly movement of vehicular traffic and would be reasonable and safe.

NAME OF STREET OR PORTION AFFECTED DECLARED

PRIMA FACIE

SPEED LIMIT
DATE

SURVEYED
BANGS AVENUE, between Dale Road and McHenry
Avenue *ES10
45 miles per
hour
February 1,
2012
BLUE GUM AVENUE, between Morse Road and
Carpenter Road
40 miles per
hour
December 20,
2019
BRIGGSMORE AVENUE, between Claus Road and
Santa Fe Railroad Tracks *ES10
45 miles per
hour
December 22,
2011
BRIGGSMORE AVENUE, between Coffee Road and
Oakdale Road
50 miles per
hour
August 7, 2018
BRIGGSMORE AVENUE, between McHenry Avenue
and Coffee Road
45 miles per
hour
August 7, 2018
BRIGGSMORE AVENUE, Between Oakdale Road
and Claus Road *ES10
50 miles per
hour
December 22,
2011
BRIGGSMORE AVENUE, between Prescott Road
and Tully Road *ES10
45 miles per
hour
February 3,
2015
BRIGGSMORE AVENUE, between Tully Road and
McHenry Avenue
45 miles per
hour
August 7, 2018
BRIGHTON AVENUE, between Coffee Road and
Locke Road *ES10
30 miles per
hour
May 8, 2013
CALIFORNIA AVENUE, between Carpenter Road
and Martin Luther King Drive *ES10
30 miles per
hour
January 17,
2013
CARPENTER ROAD, between Blue Gum Avenue
and Woodland Avenue
40 miles per
hour
December 27,
2019
CARPENTER ROAD, between Woodland Avenue
and Maze Boulevard *ES10
40 miles per
hour
February 16,
2012
CARPENTER ROAD, between Maze Boulevard and
Paradise Road
50 miles per
hour
December 20,
2019
CARVER ROAD, between Bangs Avenue and
Pelandale Avenue *ES10
35 miles per
hour
December 22,
2011
#6..
- 406 -
Created: 2022-07-27 10:51:55 [EST]
(Supp. No. 61)

Page 2 of 11 ends

CARVER ROAD, between Pelandale Avenue and
Brixton Lane *ES10
30 miles per
hour
December 28,
2011
CARVER ROAD, between Brixton Lane and
Briggsmore Avenue *ES10
30 miles per
hour
December 28,
2011
CARVER ROAD, between Briggsmore Avenue and
Orangeburg Avenue *ES10
30 miles per
hour
December 28,
2011
CARVER ROAD, between Orangeburg Avenue and
9th Street *ES10
30 miles per
hour
December 28,
2011
CELESTE DRIVE, between Coffee Road and Oakdale
Road *ES10
30 miles per
hour
May 8, 2013
CLARATINA AVENUE, between Coffee Road and
Oakdale Road
55 miles per
hour
August 6, 2018
CLAUS ROAD, between Sylvan Avenue and
Briggsmore Avenue *ES10
50 miles per
hour
January 26,
2012
CLAUS ROAD, between Briggsmore Avenue and
Scenic Drive
45 miles per
hour
December 19,
2019
CLAUS ROAD, between Scenic Drive and Yosemite
Boulevard *ES10
45 miles per
hour
January 26,
2012
COFFEE ROAD, between Claratina Avenue and
Sylvan Avenue
40 miles per
hour
August 6, 2018
COFFEE ROAD, between Sylvan Avenue and Floyd
Avenue
40 miles per
hour
December 20,
2019
COFFEE ROAD, between Floyd Avenue and
Briggsmore Avenue
40 miles per
hour
December 20,
2019
COFFEE ROAD, between Briggsmore Avenue and
Scenic Drive
40 miles per
hour
December 20,
2019
COLLEGE AVENUE, between Rumble Road and
Bowen Avenue
30 miles per
hour
December 20,
2019
COLLEGE AVENUE, between Bowen Avenue and
Princeton Avenue *ES10
35 miles per
hour
September 29,
2015
COLLEGE AVENUE, between Princeton Avenue and
Needham Avenue *ES10
25 miles per
hour
September 29,
2015
CREEKWOOD DRIVE, between Claus Road and
Yosemite Boulevard
35 miles per
hour
December 27,
2019
CROWS LANDING ROAD, between 7th Street and
Hatch Road *ES10
35 miles per
hour
May 8, 2013
#6..
- 407 -
Created: 2022-07-27 10:51:55 [EST]
(Supp. No. 61)

Page 3 of 11 ends

CROWS LANDING ROAD, between Hatch Road and
Whitmore Avenue
40 miles per
hour
December 20,
2019
DALE ROAD, northbound and southbound,
between Bangs Avenue and Kiernan Avenue*ES10
40 miles per
hour
December 20,
2011
DALE ROAD, between Bangs Avenue and Snyder
Avenue*ES10
35 miles per
hour
February 1,
2012
DALE ROAD, between Snyder Avenue and
Veneman Avenue*ES10
35 miles per
hour
February 1,
2012
DALE ROAD, between Veneman Avenue and
Standiford Avenue*ES10
30 miles per
hour
February 1,
2012
EASTRIDGE DRIVE, between Orangeburg Avenue
and Scenic Drive
30 miles per
hour
December 29,
2019
EL VISTA AVENUE, between Scenic Drive and
Yosemite Boulevard
35 miles per
hour
August 8, 2018
EMERALD AVENUE, between Maze Boulevard and
California Avenue
35 miles per
hour
December 20,
2019
EVERGREEN AVENUE, between Orangeburg
Avenue and Carver Road *ES10
30 miles per
hour
February 22,
2012
FINE AVENUE, between Hillglen Avenue and Merle
Avenue *ES10
30 miles per
hour
May 8, 2013
FLOYD AVENUE, between Coffee Road and
Oakdale Road*ES10
30 miles per
hour
February 23,
2012
FLOYD AVENUE, between McHenry Avenue and
Coffee Road*ES10
30 miles per
hour
February 24,
2012
FLOYD AVENUE, eastbound and westbound,
between Oakdale Road and Roselle Avenue*ES10
35 miles per
hour
January 26,
2012
FLOYD AVENUE, between Roselle Avenue and
Claus Road
40 miles per
hour
August 6, 2018
G STREET, between 9th Street and 17th Street 25 miles per hour
August 7, 2018
GRANGER AVENUE, between Tully Road and
McHenry Avenue
35 miles per
hour
December 27,
2019
GRANGER AVENUE, between McHenry Avenue
and Sunrise Avenue
35 miles per
hour
December 27,
2019
H STREET, between 9th Street and 17th Street 25 miles per hour
December 20,
2019
#6..
- 408 -
Created: 2022-07-27 10:51:55 [EST]
(Supp. No. 61)

Page 4 of 11 ends

HASHEM DRIVE, between Sylvan Avenue and
Oakdale Road *ES10
30 miles per
hour
April 23, 2012
HATCH ROAD, between Carpenter Road and Crows
Landing Road *ES10
45 miles per
hour
February 15,
2012
JEFFERSON STREET, between Maze Boulevard and
Paradise Road *ES10
25 miles per
hour
March 25,
2015
KANSAS AVENUE, between Morse Road and
Rosemore Avenue *ES10
40 miles per
hour
March 30,
2015
KANSAS AVENUE, between Rosemore Avenue and
Carpenter Road
35 miles per
hour
December 20,
2019
KANSAS AVENUE, between Carpenter Road and
Emerald Avenue
35 miles per
hour
December 20,
2019
KANSAS AVENUE, between Emerald Avenue and
Franklin Street *ES10
30 miles per
hour
December 20,
2011
KODIAK DRIVE, between La Force Drive and
Roselle Avenue *ES10
30 miles per
hour
May 8, 2013
LA LOMA AVENUE, between Burney Street and
Yosemite Boulevard *ES10
30 miles per
hour
March 20,
2012
LAKEWOOD AVENUE, between Briggsmore Avenue
and Scenic Drive
40 miles per
hour
December 20,
2019
LINCOLN AVENUE, between Dry Creek and
Yosemite Boulevard *ES10
35 miles per
hour
February 15,
2012
MABLE AVENUE, between Coffee Road and
Oakdale Road *ES10
30 miles per
hour
March 21,
2012
MARTIN LUTHER KING DRIVE, between Maze
Boulevard and Paradise Road *ES10
30 miles per
hour
February 16,
2012
MCCLURE ROAD, between Dry Creek Drive and
Yosemite Ave *ES10
30 miles per
hour
January 13,
2013
MERLE AVENUE, between Oakdale Road and
Roselle Avenue *ES10
30 miles per
hour
December 23,
2014
MERLE AVENUE, between Roselle Avenue and
Claus Road
35 miles per
hour
December 20,
2019
MILLBROOK AVENUE, between Sylvan Avenue and
Floyd Avenue *ES10
25 miles per
hour
January 10,
2013
MILLER AVENUE, between La Loma Avenue and El
Vista Avenue
35 miles per
hour
December 27,
2019
#6..
- 409 -
Created: 2022-07-27 10:51:55 [EST]
(Supp. No. 61)

Page 5 of 11 ends

MITCHELL ROAD, between Finch Road and the
southerly City limits *ES10
50 miles per
hour
December 29,
2011
MORRIS AVENUE, between McHenry Avenue and
Coffee Road *ES10
30 miles per
hour
March 22,
2012
MORSE ROAD, between Blue Gum Avenue and
Kansas Avenue *ES10
40 miles per
hour
February 22,
2012
MT. VERNON DRIVE, between Prescott Road and
College Avenue *ES10
30 miles per
hour
February 3,
2010
NEECE DRIVE, between Tuolumne Boulevard and
Rouse Avenue *ES10
35 miles per
hour
February 22,
2012
NEEDHAM STREET, between 9th Street and L
Street *ES10
35 miles per
hour
March 6, 2012
NORWEGIAN AVENUE, between McHenry Avenue
and Coffee Road
35 miles per
hour
February 20,
2019
OAKDALE ROAD, between Claratina Avenue and
Sylvan Avenue *ES10
45 miles per
hour
March 7, 2012
OAKDALE ROAD, between Sylvan Avenue and
Floyd Avenue
45 miles per
hour
January 8,
2020
OAKDALE ROAD, between Floyd Avenue and
Briggsmore Avenue *ES10
40 miles per
hour
February 3,
2015
OAKDALE ROAD, between Briggsmore Avenue and
Scenic Drive
40 miles per
hour
December 27,
2019
ORANGEBURG AVENUE, between Briggsmore
Avenue and Martin Avenue
35 miles per
hour
September 7,
2018
ORANGEBURG AVENUE, between Martin Avenue
and McHenry Avenue *ES10
40 miles per
hour
March 21,
2012
ORANGEBURG AVENUE, between McHenry
Avenue and Coffee Road *ES10
40 miles per
hour
March 22,
2012
ORANGEBURG AVENUE, between Coffee Road and
Oakdale Road *ES10
35 miles per
hour
March 22,
2012
ORANGEBURG AVENUE, between Oakdale Road
and Lakewood Avenue *ES10
35 miles per
hour
May 17, 2012
ORANGEBURG AVENUE, between Lakewood
Avenue and Claus Road *ES10
35 miles per
hour
May 23, 2013
PARADISE ROAD, between Carpenter Road and
Martin Luther King Drive *ES10
35 miles per
hour
May 23, 2012
#6..
- 410 -
Created: 2022-07-27 10:51:55 [EST]
(Supp. No. 61)

Page 6 of 11 ends

PARADISE ROAD, between Martin Luther King
Drive and Washington Street *ES10
30 miles per
hour
May 23, 2012
PARKER ROAD, between Santa Fe and Church
Street
50 miles per
hour
December 19,
2019
PELANDALE AVENUE, between Sisk Road and Dale
Road *ES10
45 miles per
hour
December 20,
2011
PELANDALE AVENUE, between Dale Road and
Prescott Avenue
50 miles per
hour
December 20,
2019
PELANDALE AVENUE, between Prescott Avenue
and Carver Road
50 miles per
hour
December 20,
2019
PELANDALE AVENUE, between Carver Road and
Tully Road
50 miles per
hour
December 20,
2019
PELANDALE AVENUE, between Tully Road and
McHenry Avenue
50 miles per
hour
December 20,
2019
PRESCOTT ROAD, between Snyder Avenue and
Standiford Avenue
35 miles per
hour
September 28,
2018
PRESCOTT ROAD, between Standiford Avenue and
Rumble Road
35 miles per
hour
September 28,
2018
PRESCOTT ROAD, between Rumble Road and
Briggsmore Avenue *ES10
35 miles per
hour
March 7, 2013
RIVERSIDE DRIVE, between Edgebrook Drive and
Yosemite Boulevard *ES10
30 miles per
hour
February 3,
2015
ROSE AVENUE, between Floyd Avenue and
Briggsmore Avenue
30 miles per
hour
September 28,
2018
ROSE AVENUE, between Briggsmore Avenue and
Scenic Drive
30 miles per
hour
September 28,
2018
ROSEBURG AVENUE, between Carver Road and
Tully Road
30 miles per
hour
September 14,
2016
ROSEBURG AVENUE, between Tully Road and
McHenry Avenue
30 miles per
hour
December 27,
2019
ROSEBURG AVENUE, between McHenry Avenue
and Sunrise Avenue
30 miles per
hour
December 27,
2019
ROSELLE AVENUE, between Sylvan Avenue and
Floyd Avenue
45 miles per
hour
December 27,
2019
ROSELLE AVENUE, between Floyd Avenue and
Briggsmore Avenue
45 miles per
hour
December 27,
2019
#6..
- 411 -
Created: 2022-07-27 10:51:55 [EST]
(Supp. No. 61)

Page 7 of 11 ends

ROSEMORE AVENUE, between Blue Gum Avenue
and Kansas Avenue
30 miles per
hour
September 28,
2018
ROUSE AVENUE, between Colorado Avenue and
Neece Drive
30 miles per
hour
December 20,
2019
RUMBLE ROAD, between Sisk Road and Conant
Avenue
30 miles per
hour
August 7, 2018
RUMBLE ROAD, between Conant Avenue and Tully
Road
30 miles per
hour
December 27,
2019
RUMBLE ROAD, between Tully Road and McHenry
Avenue
30 miles per
hour
December 27,
2019
RUMBLE ROAD, between McHenry Avenue and
Coffee Road *ES10
30 miles per
hour
April 21, 2015
SANTA CRUZ AVENUE, between Yosemite
Boulevard and Legion Park Drive
30 miles per
hour
December 27,
2019
SCENIC DRIVE, between Burney Street and Coffee
Road *ES10
30 miles per
hour
April 23, 2012
SCENIC DRIVE, between Coffee Road and Oakdale
Road
40 miles per
hour
August 7, 2018
SCENIC DRIVE, between Oakdale Road and
Lakewood Avenue
45 miles per
hour
December 20,
2019
SCENIC DRIVE, between Lakewood Avenue and
Lillian Drive
40 miles per
hour
August 6, 2018
SCENIC DRIVE, between Lillian Drive and Claus
Road
40 miles per
hour
August 6, 2018
SIERRA DRIVE, between G Street and 7th Street 30 miles per hour
December 27,
2019
SISK ROAD, between Pelandale Avenue and
Standiford Avenue *ES10
40 miles per
hour
December 20,
2011
SISK ROAD, between Standiford Avenue and
Briggsmore Avenue *ES10
40 miles per
hour
December 20,
2011
SNYDER AVENUE, between Dale Road and Prescott
Road *ES10
30 miles per
hour
March 25,
2015
SNYDER AVENUE, between Prescott Road and
Tully Road *ES10
30 miles per
hour
April 21, 2015
STANDIFORD AVENUE, between Sisk Road and
Prescott Road
45 miles per
hour
December 20,
2019
#6..
- 412 -
Created: 2022-07-27 10:51:55 [EST]
(Supp. No. 61)

Page 8 of 11 ends

STANDIFORD AVENUE, between Prescott Road and
Tully Road
40 miles per
hour
December 20,
2019
STANDIFORD AVENUE, between Tully Road and
McHenry Avenue
40 miles per
hour
December 20,
2019
SUNRISE AVENUE, between Floyd Avenue and
Lucern Avenue
30 miles per
hour
December 20,
2019
SUTTER AVENUE, between Paradise Road and
Robertson Road
30 miles per
hour
December 20,
2019
SYLVAN AVENUE, between McHenry Avenue and
Coffee Road
45 miles per
hour
December 20,
2019
SYLVAN AVENUE, between Coffee Road and
Oakdale Road
45 miles per
hour
December 20,
2019
SYLVAN AVENUE, between Oakdale Road and
Roselle Avenue
50 miles per
hour
December 19,
2019
SYLVAN AVENUE, between Roselle Avenue and
Claus Road *ES10
45 miles per
hour
January 8,
2015
SYLVAN MEADOWS DRIVE, between Dragoo Park
Drive and Coffee Road *ES10
25 miles per
hour
August 2, 2012
TENAYA DRIVE, between Empire Avenue and the
easterly city limit on Tenaya Drive *ES10
30 miles per
hour
December 29,
2011
TULLY ROAD, between Bangs Avenue and
Standiford Avenue
45 miles per
hour
August 6, 2018
TULLY ROAD, between Standiford Avenue and
Briggsmore Avenue
35 miles per
hour
August 6, 2018
TULLY ROAD, between Briggsmore Avenue and
Coldwell Avenue
35 miles per
hour
August 6, 2018
TULLY ROAD, between Coldwell Avenue and 9th
Street
25 miles per
hour
April 11, 2016
TUOLUMNE BOULEVARD, between Paradise Road
and 7th Street
40 miles per
hour
December 20,
2019
UNION AVENUE, between Tully Road and McHenry
Avenue
30 miles per
hour
August 7, 2018
VENEMAN AVENUE, between Dale Road and
Regency Park Drive
30 miles per
hour
August 7, 2018
VIRGINIA AVENUE, between Roseburg Avenue and
Needham Street *ES10
30 miles per
hour
December 11,
2010
#6..
- 413 -
Created: 2022-07-27 10:51:55 [EST]
(Supp. No. 61)

Page 9 of 11 ends

WHITMORE AVENUE, between Ustick Road and
Crows Landing Road
45 miles per
hour
December 27,
2019
WHITMORE AVENUE, between Crows Landing
Road and Morgan Road
45 miles per
hour
December 27,
2019
WOODLAND AVENUE, between Morse Road and
Carpenter Road
35 miles per
hour
January 2,
2020
WOODLAND AVENUE, between Carpenter Road
and 9th Street *ES10
30 miles per
hour
March 25,
2015
WOODROW AVENUE, between Tully Road and
McHenry Avenue *ES10
30 miles per
hour
March 25,
2015
5TH STREET, between L Street and Sierra Drive 35 miles per hour
December 20,
2019
6TH STREET, between M Street and Sierra Drive
*ES10
30 miles per
hour
February 26,
2015
7TH STREET BRIDGE, between B Street and River
Road
25 miles per
hour
August 7, 2018
9TH STREET, between Carpenter Road and Tully
Road
45 miles per
hour
December 20,
2019
9TH STREET, between Tully Road and L Street 35 miles per hour
December 20,
2019
9TH STREET, between D Street and Morton
Boulevard
35 miles per
hour
December 30,
2019

SCHOOL ZONE REDUCED SPEED LIMITS

NAME OF STREET OR PORTION AFFECTED DECLARED

PRIMA FACIE

SPEED LIMIT
BEAR CUB LANE, between Kodiak Dr. and Hillglen Avenue 15 miles per hour BOWEN AVENUE, between Fremont Avenue and College Avenue 15 miles per hour BOWIE AVENUE, between School Ave. and El Paso Ave 15 miles per hour CALIFORNIA AVENUE, between Champagne Lane and S.

Emerald Ave
15 miles per hour
CHEYENNE WAY, between Seminole Lane and Shawnee Drive 15 miles per hour COLDWELL AVENUE, between Brady Avenue and Enslen Avenue 15 miles per hour CONANT AVENUE, between Nancy Ln. and W. Rumble Road 15 miles per hour ELSIE STREET, between Hudson Lane and Sutter Avenue 15 miles per hour #6..
- 414 -
Created: 2022-07-27 10:51:55 [EST]
(Supp. No. 61)

Page 10 of 11 ends

S. EMERALD AVENUE, between California Avenue and Muriel Avenue
15 miles per hour
ENCINA AVENUE, between North Conejo Ave and Rosina Avenue 15 miles per hour ESCUELITA AVENUE, between North Santa Ana Avenue and Las Palmas Avenue
15 miles per hour
FINE AVENUE, between Landing Way and Kodiak Drive 15 miles per hour FINE AVENUE, between Merle Avenue and Sharon Avenue 15 miles per hour FLOYD AVENUE, between Newport Drive and Vicki Drive 15 miles per hour GLENN AVENUE, between Las Vegas Street and Rutherford Street 15 miles per hour HAMMOND STREET, between Robertson Road and Red Pine
Drive
15 miles per hour
HERNDON ROAD, between Sonora Avenue and Latimer Avenue 15 miles per hour JANNA AVENUE, between Easter Drive and Peach Drive 15 miles per hour KIRSCHEN DRIVE, between Crippen Avenue and Pine Tree Lane 15 miles per hour KODIAK DRIVE, between Litt Road and Fine Avenue 15 miles per hour KODIAK DRIVE, between Tagura Drive and Bear Cub Lane 15 miles per hour LAS VEGAS STREET, between Butte Avenue and Glenn Avenue 15 miles per hour LUCERN AVENUE, between Coffee Road and El Terino Avenue 15 miles per hour MAID MARIANE LANE, between Merle Avenue and Sharon
Avenue
15 miles per hour
MERLE AVENUE, between Wisdom Way and Walnut Tree Drive 15 miles per hour MIDDLEBORO PLACE, between Lakewood Ave and Eastridge Drive 15 miles per hour MONTEREY AVENUE, between Kerr Avenue and Empire Avenue 15 miles per hour MOUNT VERNON DRIVE, between Hemminger Way and Sharondell Drive
15 miles per hour
NORTHVIEW DRIVE, between Mable Avenue and Kentwood Avenue 15 miles per hour POUST AVENUE, between Chapparad Place and Kidd Avenue 15 miles per hour ROBERTSON ROAD, between Pine Tree Lane and Hammond
Street
15 miles per hour
EAST RUMBLE ROAD, between Claremont Avenue and Hampshire Lane
15 miles per hour
W. RUMBLE ROAD, between Conant Avenue and Marvin
Gardens
15 miles per hour
W. RUMBLE ROAD, between Park Place and Holiday Lane 15 miles per hour SCHOOL AVENUE, between Crows Landing Road and Bowie
Avenue
15 miles per hour
#6..
- 415 -
Created: 2022-07-27 10:51:55 [EST]
(Supp. No. 61)

Page 11 of 11 ends

SHARON AVENUE, between Maid Mariane Lane and Fine
Avenue
15 miles per hour
SHELDON DRIVE, between Janet Drive and Pembroke Drive 15 miles per hour SONOMA AVENUE, between East Orangeburg Avenue and Meadow Rue Drive
15 miles per hour
SUNRISE AVENUE, between East Coolidge Ave and East
Orangeburg Avenue
15 miles per hour
SUTTER AVENUE, between Elsie Street and South Avenue 15 miles per hour TERESA STREET, between Seasons Way and Grape Avenue 15 miles per hour TOKAY AVENUE, between Sunrise Avenue and La Cienega Drive 15 miles per hour WARM SPRINGS DRIVE, between Eastport Dr and Eastren Avenue 15 miles per hour WISDOM WAY, between Whole Court 15 miles per hour
WOODROW AVENUE, between Tully Road and Lord Avenue 15 miles per hour * EXTEND SURVEY 5, 7, 10 years per State of California Department of Transportation, Traffic Operations Policy Directive 09-04.
(Ord. 1285-C.S., as amended by Ord. 1324-C.S.; Ord. 1344-C.S.; Ord. 1362-C.S.; Ord. 1408-C.S.; Ord. 1467-C.S.; Ord. 1532-C.S.; Ord. 1722-C.S., § 1; Ord. 1790-C.S., § 1; Ord. 1824-C.S., § 1; Ord. 1872-C.S.; Ord. 1880-C.S.; Ord. 1958- C.S.; Ord. 1999-C.S., § 1; Ord. 2031-C.S., § 1; Ord. 2065-C.S., § 1; Ord. 2109-C.S., § 2, Ord. 2149-C.S., § 1; Ord. 2163- C.S., § 1; Ord. 2164-C.S., § 1; Ord. 2202-C.S., § 1; Ord. 2209-C.S., § 1; Ord. 2225-C.S.; Ord. 2247-C.S., § 1; Ord. 2271- C.S., § 1; Ord. 2306-C.S., § 1; Ord. 2340-C.S., § 1; Ord. 2373-C.S.; Ord. 2396-C.S., § 1; Ord. 2397-C.S., § 1; Ord. 2422- C.S., § 1; Ord. 2458-C.S., § 1; Ord. 2467-C.S., § 2, Ord. 2491-C.S., § 2, Ord. 2528-C.S., § 1; Ord. 2557-C.S., § 1; Ord. 2584-C.S., § 1; Ord. 2596-C.S., § 1; Ord. 2626-C.S., § 1; Ord. 2660-C.S., § 1; Ord. 2683-C.S., § 1; Ord. 2691-C.S., § 1; Ord. 2728-C.S., § 1; Ord. 2756-C.S., § 1; Ord. 2762-C.S., § 1; Ord. 2821-C.S., § 1; Ord. 2844-C.S., § 1; Ord. 2866-C.S., § 1; Ord. 2926-C.S., § 1; Ord. 2929-C.S., § 1; Ord. 3029-C.S., § 1; Ord. 3066-C.S., § 1; Ord. 3096-C.S., § 1; Ord. 3157- C.S., § 1; Ord. 3208-C.S., § 1; Ord. 3225-C.S., § 1; Ord. 3268-C.S., § 1; Ord. 3299-C.S., § 1; Ord. 3311-C.S., § 1; Ord. 3335-C.S., § 1; Ord. 3344-C.S., § 1; Ord. 3371-C.S., § 1; Ord. 3438-C.S., § 1; Ord. 3452-C.S., § 1; Ord. 3520-C.S., § 1; Ord. 3530-C.S., § 1; Ord. 3570-C.S., § 2; Ord. 3602-C.S., § 1; Ord. 3632-C.S., § 1, effective 9-4-15; Ord. 3675-C.S., § 1, effective 8-11-17; Ord. 3690-C.S., effective 1-10-19; Ord. No. 3716-C.S., effective 3-12-20; Ord. No. 3732-C.S, § 1, effective 9-3-21)
#6..
- 416 -
-1-
-C.S.

Effective: February ___ 2023
ORDINANCE NO. _____-C.S.

ORDINANCE AMENDING SECTION 3-2.1401.1 OF ARTICLE 14 OF
CHAPTER 2 OF TITLE 3 OF THE MODESTO MUNICIPAL CODE

RELATING TO SPEED LIMITS
The Council of the City of Modesto does ordain as follows:

SECTION 1. AMENDMENT OF CODE. Section3-2.1401.1 of the Modesto Municipal Code is amended to read as follows:

SCHOOL ZONE REDUCED SPEED LIMITS
BEAR CUB LANE, between Kodiak Dr
and Hillglen Avenue 15 miles per hour
BOWEN AVENUE, between Fremont Avenue
and College Avenue 15 miles per hour
BOWIE AVENUE, between School Ave
and El Paso Ave 15 miles per hour
CALIFORNIA AVENUE, between
Champagne Lane and S. Emerald Ave 15 miles per hour
CHEYENNE WAY, between Seminole Lane
and Shawnee Drive 15 miles per hour
COLDWELL AVENUE, between Brady Avenue
and Enslen Avenue 15 miles per hour
CONANT AVENUE, between Nancy Ln
And W. Rumble Road 15 miles per hour
ELSIE STREET, between Hudson Lane
And Sutter Avenue 15 miles per hour
S. EMERALD AVENUE, between California
Avenue and Muriel Avenue 15 miles per hour
#6..
- 417 -
-2-
-C.S.

Effective: February ___ 2023
ENCINA AVENUE, between North Conejo Ave
and Rosina Avenue 15 miles per hour
ESCUELITA AVENUE, between North Santa Ana
Avenue and Las Palmas Avenue 15 miles per hour
FINE AVENUE, between Landing Way
and Kodiak Drive 15 miles per hour
FINE AVENUE, between Merle Avenue
And Sharon Avenue 15 miles per hour
FLOYD AVENUE, between Newport
Drive and Vicki Drive 15 miles per hour
GLENN AVENUE, between Las Vegas Street
and Rutherford Street 15 miles per hour
HAMMOND STREET, between Robertson
Road and Red Pine Drive 15 miles per hour
JANNA AVENUE, between Easter Drive
and Peach Drive 15 miles per hour
KIRSCHEN DRIVE, between Crippen Avenue
and Pine Tree Lane 15 miles per hour
KODIAK DRIVE, between Litt Road
And Fine Avenue 15 miles per hour
KODIAK DRIVE, between Tagura Drive
and Bear Cub Lane 15 miles per hour
LAS VEGAS STREET, between Butte Avenue
and Glenn Avenue 15 miles per hour
LUCERN AVENUE, between Coffee Road
And El Terino Avenue 15 miles per hour
#6..
- 418 -
-3-
-C.S.

Effective: February ___ 2023
MAID MARIANE LANE, between Merle
Avenue and Sharon Avenue 15 miles per hour
MERLE AVENUE, between Wisdom Way
And Walnut Tree Drive 15 miles per hour
MIDDLEBORO PLACE, between Lakewood Ave
and Eastridge Drive 15 miles per hour
MONTEREY AVENUE, between Kerr
Avenue and Empire Avenue 15 miles per hour
MOUNT VERNON DRIVE, between Hemminger
Way and Sharondell Drive 15 miles per hour
NORTHVIEW DRIVE, between Mable Avenue
and Kentwood Avenue 15 miles per hour
POUST AVENUE, between Chapparad Place
And Kidd Avenue 15 miles per hour
ROBERTSON ROAD, between Pine Tree Lane
and Hammond Street 15 miles per hour
EAST RUMBLE ROAD, between Claremont
Avenue and Hampshire Lane 15 miles per hour
W. RUMBLE ROAD, between Conant
Avenue and Marvin Gardens 15 miles per hour
W. RUMBLE ROAD, between Park Place
and Holiday Lane 15 miles per hour
SCHOOL AVENUE, between Crows Landing
Road and Bowie Avenue 15 miles per hour
SHARON AVENUE, between Maid Mariane
Lane and Fine Avenue 15 miles per hour
SHELDON DRIVE, between Janet Drive
and Pembroke Drive 15 miles per hour
#6..
- 419 -
-4-
-C.S.

Effective: February ___ 2023
SONOMA AVENUE, between East Orangeburg
Avenue and Meadow Rue Drive 15 miles per hour
SUNRISE AVENUE, between East Coolidge Ave
and East Orangeburg Avenue 15 miles per hour
SUTTER AVENUE, between Elsie Street
and South Avenue 15 miles per hour
TERESA STREET, between Seasons Way
and Grape Avenue 15 miles per hour
TOKAY AVENUE, between Sunrise Avenue
and La Cienega Drive 15 miles per hour
WARM SPRINGS DRIVE, between Eastport Dr
and Eastren Avenue 15 miles per hour
WISDOM WAY, between Whole Court 15 miles per hour
WOODROW AVENUE, between Tully
Road and Lord Avenue 15 miles per hour
*EXTEND SURVEY 5, 7, 10 years per State of California Department of Transportation, Traffic Operations Policy Directive 09-04.

SECTION 2. SEVERABILITY . If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Ordinance, which can be given effect without the invalid provision or application, and to this end, the provisions of this Ordinance are severable. This City Council declares that it would have adopted this Ordinance irrespective of the invalidity of any particular portion thereof and intends that the invalid portions should be severed and the balance of the Ordinance be enforced. #6..
- 420 -
-5-
-C.S.

Effective: February ___ 2023
SECTION 3. EFFECTIVE DATE. This ordinance shall go into effect and be in full force and operation from and after thirty (30) days after its final passage and adoption.

SECTION 4. SAVINGS. The provisions of this ordinance shall not affect any proceedings, suit or prosecution heretofore or hereafter commenced under the provisions of the Municipal Code as they existed prior to the effective date of this ordinance. No offense committed and no liability, penalty or forfeiture, either civilly or criminally incurred under the provisions of the Municipal Code as they existed prior to the effective date of this ordinance shall be discharged or affected by the adoption of this ordinance; but prosecutions and suits for such offenses, liabilities, penalties or forfeitures shall be instituted or proceeded with in all respects as if this ordinance had not been adopted.

SECTION 5. PUBLICATION. At least two (2) days prior to its final adoption, copies of this ordinance shall be posted in at least three (3) prominent and distinct locations in the City; and a notice shall be published once in The Modesto Bee, the official newspaper of the City of Modesto, setting forth the title of this ordinance, the date of its introduction and the places where this ordinance is posted.
#6..
- 421 -
-6-
-C.S.

Effective: February ___ 2023
The foregoing ordinance was introduced at a regular meeting of the Council of the City of Modesto held on the th day of , 2022, by Councilmember who moved its introduction and passage to print, which motion being duly seconded by Councilmember, was upon roll call carried and ordered printed and published by the following vote:

AYES: Councilmembers:

NOES: Councilmembers: None
ABSENT: Councilmembers: None
APPROVED: ___________________________
SUE ZWAHLEN, Mayor
ATTEST:

By: ________
DIANE NAYARES-PEREZ, City Clerk
(SEAL)
APPROVED AS TO FORM:

By: ________
JOSE M. SANCHEZ, City Attorney
#6..
- 422 -
-7-
-C.S.

Effective: February ___ 2023
Ord. No. -C.S.

FINAL ADOPTION CLAUSE
The foregoing ordinance, having been published as required by the Charter of the City of Modesto, and coming on for final consideration at the regular meeting of the Council of the City of Modesto held on the th day of , 2021, Councilmember, moved its final adoption, which motion being duly seconded by Councilmember, was upon roll call carried and the ordinance adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:None
ABSENT: Councilmembers:None
APPROVED:

SUE ZWAHLEN, MAYOR
ATTEST:

DIANE NAYARES-PEREZ, City Clerk
Effective Date:
#6..
- 423 -
#6..
#6..
#6..
#6..
#6..
#6..

Safety and Communities CommitteeJanuary 18, 2023

Safety and Communities Committee
January 18, 2023