P1 . Other Identifier: APN # 175-165-009
*P2. Location: □ Not for Publication 00 Unrestricted
and (P2b and P2c or P2d. Attach a Location Map as necessary) *b. USGS 7.5' Quad: N/ A
*a. County: Tulare
c. Address: 220 W. Tulare Street City: Tulare Zip: 93274 d. UTM: Zone: 11 ; 288740mE/4009300mN (G.P.S.)
e. Other Locational Data: The property is located on the northeast comer of N. "H" Street and W. Tulare Street. *P3a. Description: The First Congressional Church of Tulare is set back off W. Tulare Avenue with the front yard being enclosed by a 3-foot brick wall. The church was built by Conrad Weishar circa 1900 in the Late Victorian (Shingle) tradition. The steeply pitched cross-gabled roof was originally laid out in a cruciform design with a forty-foot steeple located in the ell on the southeast east section of the facade. A cross-gabled dormer is located on the south side of the east wing of the church. The roof with shallow eaves is covered with light shingles. The bass of the steeple forms the entrance vestibule on the southeast side of the building. The steeple is rectangular in plan with a open belfry for the church bells and a four-sided spire that rises one-third of the steeple. It is capped with a finial. Two sets of small windows are located halfway up the bell tower, facing south and east, and have mullions forming a cross. The central entrance is shielded by an overhead shed roof extending from the base of the gabled roof supported by turned wood columns. Both the dormer and the east gable have portal windows which break up the plain surface of the exterior walls. The east elevation has four elongated stained glass windows with a decorative offset above them.
Multiple stained windows are also located on the south and north elevations. The exterior siding includes horizontal redwood channel siding with the area under the gabled ends being covered and the steeple are covered with patterned shingles.
Landscaping includes front and side lawns, concrete walkways, shrubs and hedges. *P3b. Resource Attributes: (List attributes and codes): HP2 - Single Family Property *4. Resources Present: OOBuilding □Structure □Object □Site □District OOElement of District □Other (Isolates, etc.) P5a. Photo or Drawing (Photo required for buildings, structures, and objects) PSb. Description of Photo: (View, date, accession #) View of fac;ade
(4/17/ 2004, Disk 2: Photo's 7-12)
*P&. Date Constructed/Age and
Sources: circa 1900
OOHistoric □Prehistoric □Both
*P7. Owner and Address: First
Conrgressional Church of Tulare,
Tulare, CA
*PB. Recorded by: Dana E.
Supemowicz, Barbara Irvine
Supernowicz, Historic Resource
Associates, 2001 Sheffield Drive, El
Dorado Hills, CA 95762; Jon Brady,
J & R Environmental Services,
17900 Auberry Road, Clovis, CA
93611.
*P9. Date Recorded: 4/17 / 2004
*P10. Survey Type: (Describe)
Historic Resource Inventory
*P11. Report Citation: (Cite suivey
report and other sources, or enter
nnonen
): Historic Resource Survey -
An Architectural and Social
History of The City of Tulare,
�-------------------------------� California, prepared for the City of Tulare, California, January 2005
*Attachments: □NONE l&ILocation Map □Sketch Map □Continuation Sheet □Building, Structure, and Object Record □Archaeological Record OODistrict Record □Linear Feature Record □Milling Station Record □Rock Art Record □Artifact Record □Photograph Record □ Other (List):
DPR 523A (1/95) *Required Information
ORDINANCE 2025-XX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TULARE
AMENDING THE ZONING MAP OF THE CITY BEING A PART OF THE SECTION 10.06.04 OF SAID CODE ZONE AMENDMENT NO. 759
WHEREAS, the Tulare City Council finds that this application is necessary to achieve the objectives of the Zoning Title prescribed in Section 10.02.02 of the Tulare City Code; and WHEREAS, the Tulare City Council finds that this zone amendment is in conformance with the adopted General Plan for the City of Tulare; and WHEREAS, the Tulare City Council finds that the request will not be detrimental to the public interest, health, safety, convenience or welfare of the City; and WHEREAS, the proposed zone amendment is exempt from Environmental Review under the California Environmental Quality Act (CEQA), pursuant to Section 15183.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Tulare as follows:
SECTION 1. The Zoning Map of the City of Tulare as referred to in Section 10.06.04 of the City Code of the City of Tulare, and as enacted, being made a part of the Zoning title of said Code in Section 10.06.04', thereof, the subject property portion of said map, being attached hereto, is hereby amended as follows:
Amend the zoning map designation for said property from the R-1-4 (Single-family Residential, 4,000 sq. ft. minimum lot area) zoning designation to the R-1-4(H) (Single-family Residential, 4,000 sq.ft. minimum lot area, Historic-Cultural Landmark Overlay) zoning designation (APNs 175-165-009 and 175-165-010) located on the northwest corner of Tulare Avenue and ‘H’ Street, as set forth more specifically on said map.
SECTION 2. All ordinances and parts of ordinances in conflict herewith are hereby repealed.
SECTION 3. If any section, subsection, sentence, clause, or phrase of this ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity of the other remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional.
SECTION 4. Pursuant to Section 15 of the Charter of the City of Tulare, it is ordered that a summary of this ordinance be issued in a daily newspaper of general circulation in the City of Tulare for one day and that the ordinance be available in at least one public place at the City offices. This ordinance shall be in full force and effect 30 days from and after the date of its adoption.
ORDINANCE 2025-XX
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Tulare this 3rd day of June 2025.
Patrick Isherwood, President of the Council
and Ex-Officio Mayor
ATTEST:
Marc Mondell, City Clerk
By Melissa Hermann, Chief Deputy City Clerk
Staff Report
Meeting: City Council
Date: May 20, 2025
Department: Engineering Services - Engineering
Submitted by: Michael Miller, City Engineer; Mario Zamora, City Attorney Agenda Title: Resolution of Necessity for a Portion of Property Located at APN 164-150-025
RECOMMENDED ACTION
Adopt a resolution declaring certain 916 square feet located on APN 164-150-025, commonly known as 1826 W. Prosperity Avenue, in the City of Tulare, County of Tulare, State of California, necessary for public purposes and authorizing the acquisition thereof in connection with the Prosperity and West Traffic Signal and Improvements Project.
SUMMARY
Staff has sent communications to the owner of the subject property to acquire a permanent utility easement (916 square feet) in, on, over, along and across the subject property for the purposes of constructing, using, maintaining, operating, and altering overhead electrical supply systems and communication systems consisting of poles, guy wires and anchors, crossarms, wires, and other appurtenant fixtures and/or necessary equipment to allow Southern California Edison to distribute electrical energy and to transmit intelligence, data and/or communications in, on, over, along, and across the easement.
On April 16, 2025, Monument, the City’s professional right-of-way and real estate services vendor, sent the property owner, Carolina Gamero De Garnica, an offer of nine hundred and 00/100 dollars ($900.00) on behalf of the City to acquire the proposed 916 square foot easement required for the Prosperity and West Traffic Signal and Improvements Project. The City and the property owner have not been able to reach an agreement.
Staff is asking City Council to adopt a Resolution of Necessity. The City Attorney has prepared the attached Resolution of Necessity as authorized and for adoption by City Council. The statutory offer and summary of the basis for just compensation, pursuant to Government Code Sections 7267.1 and 7267.2(a) and prepared by the City, have been sent to the property owner. Staff has also notified the above owner, in writing via first-class mail and more than 15 days prior to the Council meeting, that this matter would be scheduled for this meeting’s agenda. In adopting a Resolution of Necessity, the City Council must find that the public interest and necessity require the project, that the project is planned or located in the manner that will be most compatible with the greatest public good and least private injury, and that the property sought to be acquired is necessary for the project. Passage of the Resolution requires a two-thirds vote of all members of the City Council.
FISCAL IMPACT & FUNDING SOURCES
Fiscal impact has yet to be determined.
LEGAL REVIEW
The proposed resolution has been drafted and reviewed by the City Attorney.
ALTERNATIVE ACTION
1. Approve with changes
2. Deny
3. Table – A delay in adopting the resolution may delay progress for the Prosperity and West Traffic Signal and Improvements Project.
Item #: 14.3
Public Hearing
ATTACHMENTS
1. Resolution
2. April 16, 2025 Offer to Purchase Property Rights
3. April 9, 2025 Summary Statement Relating to the Purchase of Real Property or an Interest Therein
4. April 3, 2025 Appraisal Summary Statement
5. May 2, 2025 Letter of Intent
Reviewed/Approved: TG
RESOLUTION 2025-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TULARE
DECLARING CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR PUBLIC
PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF IN CONNECTION WITH
THE PROSPERITY AND WEST TRAFFIC SIGNAL AND IMPROVEMENTS PROJECT (EASEMENT ON 1826 W PROSPERITY AVE, APN 164-150-025)
WHEREAS, the City of Tulare (“City”) is a municipal corporation in the County of Tulare, State of California; and
WHEREAS, the City seeks to improve the intersection of Prosperity Avenue and West Street from its current stop sign control to a fully signalized intersection, and add ADA-compliant sidewalks (“Project”); and
WHEREAS, it appears necessary and desirable that the City obtain a permanent utility easement in, on, over, along, and across 916 square feet of the property located at 1826 W Prosperity Avenue, APN 164-150-025, located in the City, which is more particularly described and depicted as set forth in Exhibit “1” (the “Property”), attached hereto and incorporated herein by this reference; and
WHEREAS, the City intends to carry out and make effective the principal purpose pursuant to Code of Civil Procedure section 1240.120(a), and in connection with the Project, acquire a utility easement in, on, over, along, and across the Property. The stated public use is a function of the City; and
WHEREAS, the City is authorized to acquire the utility easement in, on, over, along, and across the Property described in Exhibit “1” herein and exercise the power of eminent domain for the public use set forth herein in accordance with the California Constitution and the California Eminent Domain Law, Code of Civil Procedure section 1230.010 et seq. and pursuant to California Government Code section 37350.5 and Code of Civil Procedure section 1240.125; and WHEREAS, on May 2, 2025, a Notice of Hearing on the Intent of the City Council of the City of Tulare (hereinafter “Council”) to adopt this Resolution of Necessity, was mailed to the record owner of the Property in accordance with California Code of Civil Procedure sections 1245.235(a) and 1245.235(b). The Notice of Hearing advised the Property owner(s) of their right to be heard on the matters referred to therein on the date and at the time and place stated therein; and
WHEREAS, the hearing set out in the Notice of Hearing was held on May 20, 2025, at the time and place stated therein, and all interested parties were given an opportunity to be heard, and the hearing was then closed and the matter considered by the Council, all as required by law; and
WHEREAS, this Council has received and considered all relevant factors and evidence, including, but not limited to, the staff report accompanying this resolution and matters referenced therein; facts which are otherwise commonly known, judicially noticeable and matters of public record; and all other relevant and proper evidence offered at the hearing by City staff; the Property owners, and others who appeared and/or were heard.
Resolution 2025-XX
NOW, THEREFORE, the City Council of the City of Tulare, by a vote of not less than twothirds of its members, declares, finds, and resolves as follows:
Section 1. The foregoing recitals are true and correct and, by this reference, incorporated herein as if set forth in full.
Section 2. The City intends to construct the aforementioned Project, a public use, together with related improvements to carry out and make effective the principal purpose pursuant to California Code of Civil Procedure section 1240.120(a), and in connection therewith, acquire interest in that certain Property. Said public use is a function of the City.
Section 3. The City is authorized to acquire an utility easement in, on, over, along, and across the Property described in Exhibit “1” herein and exercise the power of eminent domain for the public use set forth herein in accordance with the California Constitution and the California Eminent Domain Law, California Code of Civil Procedure section 1230.010 et seq., and pursuant to California Government Code section 37350.5.
Section 4. The utility easement to be acquired will affect the parcel identified by Assessors Parcel Number 164-150-025 with a street address of 1826 W Prosperity Avenue, in the City of Tulare, County of Tulare, State of California and consisting of the Property more particularly described and depicted in Exhibit “1”, attached hereto and incorporated herein by this reference.
Section 5. On May 2, 2025 there was mailed a Notice of City of Tulare’s Intent to Adopt a Resolution of Necessity for acquisition by eminent domain of the Property described and depicted in Exhibit “1” herein, which Notice of Intent is attached hereto as Exhibit “2” and is incorporated herein by this reference. Said Notice of Hearing was mailed to all persons whose names appear on the last equalized County Assessment Roll as having an interest in the Property described and depicted in Exhibit “1”. Said Notice advised said person(s) of their right to be heard on the matters referred to therein on the date and time and place stated therein.
Section 6. The hearing set out in said Notice was held on May 20, 2025, at the time and place stated therein, and all interested parties were given an opportunity to be heard. The hearing was closed.
Section 7. Based on all evidence presented in this matter, the Council, by a vote of two-thirds or more of its members, further finds, determines, declares, and resolves each of the following:
a. The public interest and necessity require the proposed Project. b. The proposed Project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury. c. The Property as described and depicted in Exhibit “1” is necessary for the proposed Project.
d. The offer required by California Government Code section 7267.2 has been made to the identified and known owner(s) of record of the Property. e. The City has complied with all conditions and statutory requirements necessary to exercise the power of eminent domain (“the right to take”) to acquire the portion of the Property described herein.
Resolution 2025-XX
f. The Property as described and depicted in Exhibit “1” may be acquired for a more necessary public use pursuant to California Code of Civil Procedure section 1240.610.
Section 8. The City Attorney of the City is authorized and directed to institute and conduct to conclusion in the name of the City, proceedings in eminent domain. The proceedings are to be in accordance with the provisions of the Constitution of the State of California and the California Code of Civil Procedure in order to acquire in the name of the City an utility easement in, on, over, along, and across the Property herein described. This Council finds and determines the public interest, necessity, and welfare require prejudgment possession of the Property as soon as the same may be lawfully obtained. The City Attorney of the City is authorized and directed to obtain such possession.
Section 9. The Director of Finance of the City is authorized to pay, out of funds authorized or received, for the acquisition of the Property, for prejudgment possession of the Property, and for all other costs and expenses of acquisition, including, but not limited to, final compensation for the take and all fees and costs charged for City services in connection with this litigation.
Section 10. The City Manager of the City and/or the City Attorney of the City are hereby authorized, without further action of this Council, to enter into any settlement agreement regarding acquisition of the Property by way of agreement and/or stipulation so long as the settlement is based upon approved evidence and appraisal opinion.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Tulare this 20th day of May 2025, by the following vote:
Ayes:
Noes:
Absent:
Abstain:
Patrick Isherwood, President of the Council
and Ex-Officio Mayor
ATTEST:
Marc Mondell, City Clerk
By Melissa Hermann, Chief Deputy City Clerk
April 16, 2025
Carolina Gamero De Garnica
2274 Chism Avenue
Tulare, CA 93274
Re: Prosperity and West Traffic Signal and Improvements Project Offer to Purchase Property Rights
Site Address: 1826 W. Prosperity Avenue, Tulare, CA 93274 APN: 164-150-025
Dear Property Owner:
Monument, a professional right-of-way and real estate services firm, has been retained by the City of Tulare ("City") to acquire property rights for the above-referenced project. The purpose of this project is to upgrade the intersection of Prosperity Avenue and West Street from its current stop sign control to a fully signalized intersection, and add ADA-compliant sidewalks (“Project”). In order to construct the Project, it will be necessary for the City to acquire a permanent overhead utility easement on behalf of Southern California Edison, to allow for the relocation of their facilities.
I have attached a packet regarding this acquisition for your review. The enclosed exhibits describe and depict the proposed 916 Sq. Ft. permanent overhead utility easement required for this acquisition. The appraised value for this easement is $900.00.
The following items are included in the attached packet:
A. Your Copy of Documents and General Information:
1. Appraisal Summary Sheet.
2. Purchase and Sale Agreement.
3. Easement Deed (Southern California Edison)
4. Summary Statement Relating to the Purchase.
5. Title VI brochure.
6. A brochure entitled “Your Property Your Rights.”
7. W-9 and 590 Tax Forms
B. Documents for your Signature:
1. Purchase and Sale Agreement - Two (2) signed copies
(no notary needed).
2. Easement Deed (Southern California Edison) – One (1) signed copy (notary needed).
3. W-9 and 590 Tax Forms - California Tax ID number and signature (no notary needed).
Due to our project deadlines, I would appreciate your earliest response. I am looking forward to discussing this Project and answering your questions.
If you agree with the terms, please sign two copies of the Purchase and Sale Agreement and one copy of the easement, along with the required tax forms, and return them to me in the enclosed self-addressed, stamped envelope.
Per the California Code of Civil Procedure, you are entitled for the City to pay the reasonable cost, not to exceed $5,000, for an independent appraisal of your property. If you choose to have an independent appraisal done, you must contract for the appraisal. The appraiser must be licensed with the California Office of Real Estate Appraisers. The conditions for reimbursement of these costs are described in the attached Summary Statement Relating to the Purchase of Real Property or an Interest Therein.
Haben Woldemariam, of Monument is the acquisition agent on this Project. If you have any questions or concerns regarding this offer or the acquisition process, please feel free to contact Haben Woldemariam by phone at (949) 709-9796 or via email at [email protected]. We sincerely appreciate your cooperation and your support of this very important Project for the City of Tulare.
Sincerely,
Jeremy Nied
Project Manager
Monument, Inc.
[email protected]
1 Property Owner: Carolina Gamero De Garnica, a married woman as her sole and separate property
Project: Prosperity/West Traffic Signal
and Improvements Project
Parcel: 164-150-025 (Easement)
SUMMARY STATEMENT RELATING TO THE PURCHASE
OF REAL PROPERTY OR AN INTEREST THEREIN
Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 requires that each property owner from whom the City of Tulare purchases real property or an interest therein or each tenant owning improvements on said property be provided with a summary of the appraisal or waiver valuation of the real property or interest therein, as well as the following information:
1. You are entitled to receive full payment prior to vacating the real property being purchased unless you have heretofore waived such entitlement. It is also understood that you are not required to pay recording fees, transfer taxes, or the pro-rata portion of real property taxes which are allocable to any period subsequent to the passage of title or possession.
2. The City of Tulare will offer to purchase any remnant(s) considered to be an uneconomic unit(s) which is (are) owned by you or, if applicable, occupied by you as a tenant and which is (are) contiguous to the land being conveyed.
3. All buildings, structures and other improvements affixed to the land described in the referenced document(s) covering this transaction and owned by the grantor(s) herein or, if applicable, owned by you as a tenant are being conveyed unless other disposition of these improvements has been made. The interest acquired is fee. The area of the property being purchased is shown on the attached Appraisal Summary Statement and is described in the attached copy of the Deed and outlined on the attached map.
4. The market value of the property being purchased is based upon a market value appraisal, the basis of which is summarized on the attached Appraisal Summary Sheet and such amount:
a. Represents the full amount of the valuation of just compensation for the property to be purchased; b. Is not less than the approved valuation of the fair market value of the property as improved; c. Disregards any decrease or increase in the fair market value of the real property to be acquired prior to the date of valuation caused by the public improvement for which the property is to be acquired or by the likelihood that the property would be acquired for such public improvement, other than that due to physical deterioration within the reasonable control of the owner or occupant; and d. Does not reflect any consideration of or allowance for any relocation assistance and payments or other benefits which the owner is entitled to receive.
5. Pursuant to Civil Code of Procedure section 1263.025 should you elect to obtain an independent appraisal, the City of Tulare will pay for the actual reasonable costs up to $5,000 subject to the following conditions;
a. You, not the City of Tulare, must order the appraisal. Should you enter into a contract with the selected appraiser; the City of Tulare will not be a party to the contract. b. The selected appraiser must be licensed with the Office of Real Estate Appraisers (OREA). c. Appraisal cost reimbursement requests must be made in writing, and submitted to the City of Tulare, 411 East Kern Avenue, Tulare, CA 93274 within 90 days of the earliest of the following dates: (1) the date the selected appraiser requests payment from you for the appraisal; or, (2) the date upon which you, or someone on your behalf, remitted full payment to the selected appraiser for the appraisal, Copies of the contract (if a contract was made), appraisal report, and invoice for completed work by the appraiser must be provided to the City concurrent with submission of the appraisal cost reimbursement request. The costs must be reasonable and justifiable. 2 6. The owner of a business conducted on a property to be acquired or conducted on the remaining property which will be affected by the purchase of the required property, may be entitled to compensation for the loss of goodwill. Entitlement is contingent upon the Business Owner's ability to prove such loss in accordance with the provisions of Sections 1263.510 and 1263.520 of the Code of Civil Procedure.
7. If you ultimately elect to reject the offer for your property, you are entitled to have the amount of compensation determined by a court of law in accordance with the laws of the State of California.
8. You are entitled to receive all benefits that are available through donation to the City of Tulare of all or any part of your interest in the real property sought to be acquired by the governmental agency as set forth in Streets and Highways Code Sections 104.2 and 104.12.
9. City of Tulare Policy requires a property owner to construct right-of-way improvements in connection with the development of their property. The construction of curbs, gutters, sidewalk, and drive approaches is required when any person:
Constructs, adds to, arranges for the construction of, or addition to any off-street parking facilities, or any building or addition thereto which effects the rehabilitation of structures exceeding 25% the value of the structure (as determined by the Building Official), or which effects an increase in the density of use of the property, or effects an increase of traffic generation on the street in question.
A Benefit District consistent with City of Tulare Code of Ordnance Chapter 8.60 will be created for curbs, gutters, sidewalks, and drive approaches installed by the City across the properties frontage. If a building permit is pulled consistent with conditions listed above, the City of Tulare reserves the right to seek reimbursement for the costs of said frontage improvements as part of the issuance of a building permit.
10. Per City of Tulare Code of Ordnance Section 7.20.1090, whenever an applicant applies for a permit to connect property to an existing City sewer main, the installation cost of which the sewer main and sewer lateral was paid by the City of Tulare or a previous applicant, the current applicant shall reimburse the City of Tulare for the sewer main and sewer lateral construction costs per the requirements outlined in the City of Tulare Municipal Code.
11. Per City of Tulare Code of Ordnance Section 7.08.030, whenever an applicant applies for a permit to connect property to an existing City water main, the installation cost of which the water main and water service was paid by the City of Tulare or a previous applicant, the current applicant shall reimburse the City of Tulare for the water main and water service construction costs per the requirements outlined in the City of Tulare Municipal Code.
I certify this summary was given in compliance with the above stated Acts.
Date: 4/9/2025
Monument ROW
Agent:
Haben Woldemariam
Senior Right-of-Way Agent
City of Tulare CONFIDENTIAL Caltrans Exhibit
APPRAISAL SUMMARY STATEMENT The document contains personal information and pursuant to Civil Code 1798.21, it shall be kept
confidential in order to protect against
unauthorized disclosure.
8-EX-15A
Dist. Co. Rte. P.M. Parcel No. Federal Aid
Project No.
Date / Revised Date
164-150-025 April 3, 2025
Owner: Carolina Gamero De Garnica, a married woman as her sole and separate property
Date Acquired: February 15,
2023
Property Address: 1826 W. Prosperity Avenue
Tulare, CA 93274
Property to be acquired: Easement All
Locale: The subject larger parcel property consists of a single parcel of land that is located along the north side of Prosperity Avenue, east of West Street, in northwest Tulare, California.
Total Property Area: 47,010 Sq. Ft. (larger parcel) Including Access Rights Yes No
STATUTORY BASIS OF VALUATION
The market value for the property to be acquired by The City of Tulare (the “City”) is based upon an appraisal prepared in accordance with accepted appraisal principles and procedures.
Code of Civil Procedure Section 1263.320 defines Fair Market Value as follows:
a) The fair market value of the property taken is the highest price on the date of valuation that would be agreed to by a seller, being willing to sell but under no particular or urgent necessity for so doing, nor obliged to sell, and a buyer, being ready, willing, and able to buy but under no particular necessity for so doing, each dealing with the other with full knowledge of all the uses and purposes for which the property is reasonably adaptable and available.
b) The fair market value of property taken for which there is no relevant, comparable market is its value on the date of valuation as determined by any method of valuation that is just and equitable.
Code of Civil Procedure Section 1263.321 defines the Value for Nonprofit, Special Use Property as follows:
A just and equitable method of determining the value of nonprofit, special use property for which there is no relevant, comparable market is as set forth in Section 824 of the Evidence Code, but subject to the exceptions set forth in subdivision (C) of Section 824 of the Evidence Code.
The market value for the property to be acquired by the City is based upon Code of Civil Procedure Section 1263.320 as defined above.
BASIC PROPERTY DATA
Interest valued: Permanent Utility Easement
Date of valuation: February 26, 2025 Original Updated
Applicable zoning: R-1-12.5 (Single Family Residential) Area to be acquired: 916 Sq. Ft.
Highest and best use: As improved
Current use: Single family residence
City of Tulare CT Exhibit 8-EX-15A
APPRAISAL SUMMARY STATEMENT (CONT.) Page 2 of 6
AREAS WITHIN THE RIGHT OF WAY
The proposed acquisition is a permanent utility easement, approximately 152.63 feet long and 6 feet wide along the frontage of the property. The purpose of the easement is to allow for overhanging power lines.
Total Easement Area = 916 Sq. Ft.
Permanent Utility Easement
916 Sq. Ft. x $3.62/Sq. Ft. x 25% = $829.00
Total (Rounded) = $900.00
IMPROVEMENTS WITHIN THE RIGHT OF WAY
There are no site improvements located in the easement area.
JUST COMPENSATION FOR ACQUISITION $ 829.00
* Rounded To $ 900.00
SUMMARY OF THE BASIS FOR JUST COMPENSATION
Selected Market Data: Four sales of comparable residential land parcels are selected for use in valuing the subject larger parcel. These data items are narratively discussed below followed by a grid that analyzes the data and shows how each item compares to the subject.
City of Tulare CT Exhibit 8-EX-15A
APPRAISAL SUMMARY STATEMENT (CONT.) Page 3 of 6
In comparing these sales to the subject property, consideration is given to various elements of comparison that market participates recognize as having an impact on the prices that are paid for this type of property. The comparison grid summarizes how each data item is compared to the subject. A “+” is shown if the data item is inferior to the subject, a “– ” is used if the sale is superior, and an “=” sign is indicated if the data item is generally comparable. Not all elements of comparison are weighted equally by the market and in some instances a greater magnitude of difference is appropriate for a symbol.
Property Valuation Discussion
Comparable 1 refers to an 11,250-square-foot lot located along the east side of “N” Street, north of San Joaquin Avenue in Tulare. The property is zoned R-1-6 for single-family residential uses. It was previously developed with a house, but the structure had been removed several years ago. The lot has curb and gutter off-site improvements in place and all public utilities are available. The property was listed for sale in October 2022 at and asking price of $149,900 and it sold in Mayu 2023 for $125,000. The buyer paid all cash and has since constructed new resident on the site.
Comparable 2 is a large rectangular-shaped lot on the west side of Laspina Street, south of Kern Avenue, in Tulare. The 20,790-square-foot parcel also has frontage on the east side of Magnolia Street. Curb, gutter and sidewalk are installed along Laspina Street along with a drive approach, while Magnolia Street has only curb and gutter in place. All public utilities are available to server the property. The zoning isR-1-6 for single-family residential uses. The parcel came to market in March 2023 at a list price of $169,900 and it sold two months later in Mau 2023 for $165,000. This was all-cash transaction.
Comparable 3 is consistent of a finished lot in the Oak Meadow Estates subdivision. The corner-oriented lot sites at the southeast corner of Hemingway Court and Alcott Street, in Tulare. It contains 8,760 square feet and was the last remaining vacant lot in the 31-lot residential subdivision. Curb and gutter off-sites are tin place on both street frontages and all utilities are extended to the property. It previously sold in June 2021 for $135,000, and was later relisted in January 2024 for $142,000. A buyer was quickly found and the sale closed just three weeks late at the full asking price.
Comparable 4 is a rural residential homesite parcel located along the south side of Avenue 272, west of Road 108, between Visalia and Tulare. The 98,010-square-foot was previously improved with a mobile home, but it had been removed. Public electricity and natural gas are available and the private domestic wall, and septic system were still in place. The property is irregular in shape due to the channel of Packwood Creek running along the south boundary line. The oak tree lined canal banks crate a unique amenity to the property. The property was sold to a neighboring property owner after the owner had passed away. This was an off-market transaction and the parties settled on the price after having a appraisal done.
Escrow closed in February 2024 at a sale price of $195,000 and the buyer paid all cash Benefits:
No benefits that will enhance the value of the remainder property are anticipated as a result of the project. Therefore, the net severance damages to the remainder are $0.
Analysis of Remainder:
In the after condition, the remainder property will have the same total land area because only an easement interest is being taken shape of the property will not be altered and no uneconomic remnant will be created. The topography will also be unchanged. The same utility services that were available in the before condition will remain and no new services will be extended to the property.
Within the easement area, Southern California Edison will be allowed to maintain improvements that affect the air space above the ground, such as overhead lines, wires and crossarms. These improvements should have little or no impact on City of Tulare CT Exhibit 8-EX-15A
APPRAISAL SUMMARY STATEMENT (CONT.) Page 4 of 6
the subsurface and the easement does not include the right to install underground conduits, vaults, or other significant infrastructure. The effect on the surface of the ground will also be limited, although somewhat more consequential. The easement includes the right of free access to their systems, which could involve driving across the easement or placing equipment beneath the overhead equipment. It also precludes placing certain improvements or plantings in this area, although the easements is within a front yard setback that already restricts some of these things.
The property owner will retina the ability to use the land beneath the power lines for landscaping, movement of vehicles, and access to the property. No changes in the existing R-1-12.5 zoning will take place. As a result, no damages to the remainder property are anticipated. Also the project is not expected to enhance the value of the reminder either, so no benefits re anticipated.
Final Total Value Opinion:
Total Easement Area = 916 Sq. Ft.
Permanent Utility Easement
916 Sq. Ft. x $3.62/Sq. Ft. x 25% = $829.00
Total (Rounded) = $900.00
City of Tulare CT Exhibit 8-EX-15A
APPRAISAL SUMMARY STATEMENT (CONT.) Page 5 of 6
Subject Project Photos
City of Tulare CT Exhibit 8
-EX-15A
APPRAISAL SUMMARY STATEMENT (CONT.) Page 6 of
6 Staff Report
Meeting: City Council
Date: May 20, 2025
Department: Engineering Services - Engineering
Submitted by: City Engineer, Michael Miller
Agenda Title: Establish Assessment District 2025-01 for the Mission Creek Subdivision
RECOMMENDED ACTION
Adopt a resolution establishing Assessment District 2025-01 for the Mission Creek subdivision and ordering associated public improvements for the district.
SUMMARY
Attached is a resolution to establish a new landscape maintenance district, Assessment District 2025-01, for the Mission Creek subdivision. This new district will provide for maintenance of local streets within the developments, maintenance of landscaping, irrigation systems, pedestrian sidewalks and block walls associated with common lot areas, maintenance of a neighborhood park and associated playground equipment, and the maintenance of a storm water retention basin. With this new district, the following cost generating activities are specifically included:
• Common lot sidewalk repairs due to accidents, ground settlement, tree damage, or vandalism, • Graffiti Abatement,
• Common lot landscape and irrigation maintenance,
• Block wall maintenance,
• Routine maintenance and life-cycle replacement of neighborhood park and playground equipment,
• Local street maintenance within the assessment district boundaries, • Maintenance of storm water retention basin, and
• Assessments are subject to annual adjustments based upon Consumer Pricing Index (CPI) data.
The attached engineers report provides the location of the proposed district, description of the improvements and activities that provide special benefit to the properties therein, and the cost calculations used in determining the recommended benefit assessment. The recommended benefit assessment of $367.21 per single-family equivalent represents a full-build out scenario of 255 singlefamily lots in accordance with the approved tentative subdivision map of Mission Creek. As previously indicated, benefit assessments are subject to annual increases based upon the Consumer Pricing Index (CPI). A public hearing to receive public comment regarding the establishment of the district and proposed assessment is required.
FISCAL IMPACT & FUNDING SOURCES
There is no fiscal impact associated with this action.
LEGAL REVIEW
This item does not require legal review.
ALTERNATIVE ACTION
1. Approval with changes - Could delay the proposed development of the Mission Creek subdivision.
2. Deny - Would result in there being no mechanism for the assessment of fees to maintain landscaping and park improvements within the common lot areas of the Misson Creek subdivision. Additionally, there would be no supplemental maintenance provided for streets within the district boundaries.
3. Table - Could delay the processing and approval of the pending Mission Creek subdivision final map.
Item #: 14.4
Public Hearing
ATTACHMENTS
1. Resolution
2. LMD 2025-01 Formation Engineer’s Report
Reviewed/Approved: TG
RESOLUTION 2025-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TULARE
ORDERING IMPROVEMENTS AND THE LEVYING OF FEES FOR ASSESSMENT DISTRICT NO. 2025-01 (PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972) BE IT RESOLVED by the City Council of the City of Tulare, as follows:
Section 1. The City Council at their regularly scheduled meeting on May 6, 2025, adopted Resolution 2025-23, a Resolution Initiating Proceedings for the formation of Assessment District No. 2025-01, City of Tulare, Tulare County, California, and directed the preparation and filing of an Engineer’s Report on the proposed formation.
Section 2. The Engineer for the proceedings has filed an Engineer’s Report with the City Clerk.
Section 3. The Owners of all properties within the boundaries of the proposed assessment district have filed their consent to the formation of the proposed district, the adoption of the Engineer’s Report, and the levy of assessments stated therein.
Section 4. The City Council hereby orders the improvements, and the formation of the assessment district described in the Resolution Initiating Proceedings and in the Engineer’s Report.
Section 5. The City Council hereby confirms the diagram and assessment contained in the Engineer’s Report, thereby establishing the maximum assessment for the district based upon its full build-out scenario and subject to annual Consumer Price Index (CPI) adjustments and levies the assessment for the fiscal year 2024-2025.
Section 6. The City Council hereby forwards the following attachments to the Tulare County Recorder’s Office for Recordation:
a. Clerk’s Certification to County Auditor.
b. Engineer’s Report for Assessment District No. 2025-01.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Tulare this 20th day of May 2025, by the following vote:
Ayes:
Noes:
Absent:
Abstain:
Patrick Isherwood, President of the Council
and Ex-Officio Mayor
ATTEST:
Marc Mondell, City Clerk
By Melissa Hermann, Chief Deputy City Clerk
DATED:
By:
By:
Chief Deputy City Clerk and Clerk
Of the Council of the City of Tulare
By:
Chief Deputy City Clerk and Clerk
Of the Council of the City of Tulare
By:
Chief Deputy City Clerk and Clerk
Of the Council of the City of Tulare
I HEREBY CERTIFY that the enclosed Engineer’s Report, together with Assessment and Assessment Diagram thereto attached, was filed with me on the _______ day of ___________20___ I HEREBY CERTIFY that the enclosed Engineer’s Report, together with Assessment and Assessment Diagram thereto attached, was approved and confirmed by the Council of the City of Tulare, California, on the Tulare, California, on the _______ day of ___________20___ I HEREBY CERTIFY that the enclosed Engineer’s Report, together with Assessment and Assessment Diagram thereto attached, was filed with the County Auditor of the County of Tulare on the _______ day of ___________20___
ENGINEER’S REPORT
CITY OF TULARE LANDSCAPE ASSESSMENT DISTRICT
FOR THE FORMATION OF LANDSCAPE MAINTENANCE DISTRICT
2025-01
March 9, 2025
Michael W. Miller, City Engineer
• Common lot lanscaping maintenance
• Common lot irrigation systems maintenance
• Park lanscaping maintenance and replacement
• Park irrigation systems maintenance and replacement
• Park equipment maintenance and replacement
• Pedestrian sidewalks associated with common area lots • Block walls associated with common area lots
• Street maintenance costs associated with local streets and alleys • Storm water basin maintenance
This report consists of the four parts, as follows:
Part A -
Part B - An estimate of the cost of the improvement.
Part C - Diagrams of the landscape maintenance assessment district.
Part D - An assessment of the estimated cost of the improvement.
Plans and specifications for the improvements are filed with the City Clerk. Although separately bound, the plans and specifications are a part of this report and are included in it by reference.
Michael W. Miller, Engineer of Work for Landscape Maintenance District No. 2025-01 City of Tulare, Tulare County, California makes this report, as directed by the City Council, pursuant to Sections 22586 and 22623 of the Streets and Highway Code (Landscaping and Lighting Act of 1972).
ENGINEER’S REPORT
LANDSCAPE MAINTENANCE DISTRICT NO. 2025-01
(Pursuant to Landscaping and Lighting Act of 1972)
The Mission Creek Subdivision improvements which are subject of this report are listed as follows:
• Seven-foot tall block wall along common lots dedicated for landscaping purposes. •
• Public sidewalks along frontages of common lots dedicated for landscaping purposes. • Neighborhood park and playground improvements and appurtenances. •
PART A
(Assessment District No. 2025-01 Improvements)
Detailed landscape plans and specifications will be filed with the Engineering Services Department and are incorporated in this report by reference. The following improvements are within this proposed assessment district:
Landscaping and irrigation systems within common lots dedicated for landscaping purposes.
Supplemental preventative maintenance measures for local streets and alleys located within the district boundaries.
•
•
•
•
Number of single-family equivalents/assessments: 255
Total Landscape/Park Area: approx. 79,540 square feet
Total Estimated Annual Expenses For Assessment District No. 2025-01 $93,639.44 City Administrative Fees $6,062.81
Tulare County Administrative Fees $965.00
General Supplies $6,411.00
Utilities $10,149.00
Printing, Copying, Advertising $180.00
Local Street Preventative Maintenance & Materials $19,606.00 Park and Trail Equipment Replacement $5,355.18
Ponding Basin Maintenance & Regulatory Compliance $12,636.12 Contract Maintenance $28,921.00
PART B
(Assessment District No. 2025-01 Estimate of Cost)
Total cost of maintenance for the purposes of district formation are based upon the following factors:
Assessments are subject to yearly increases in accordance with the CPI (Consumer Price Index) for the Los Angeles – Anaheim area.
Funding for the replacement of neighborhood park and trail improvements and appurtenances is based on an estimated 20-year life cycle.
Assessments include supplemental preventative maintenance measures for local streets and alleys located within the district boundaries.
Assessments also include repairs due to vandalism or accidents; cost of supplying water and electricity; annual county and city administrative charges; contract maintenance charges; graffiti abatement; and miscellaneous charges such as public hearing notices.
Postage $108.09
Repairs and Maintenance (Common Lot & Park Areas) $3,245.23 Exhibit A – Assessment District Boundaries and Vicinity Map Exhibit B – Lot Numbering and Subdivision Phasing Map
Exhibit C – Local Streets Within District
Exhibit D – Common Lot and Park Areas Within District
Exhibit E – Common Lot Block Wall
Exhibit F – Storm Drain Basin Area
PART C
(Assessment District No. 2025-01 Diagrams)
a) Total project acreage subject to assessment = 39.26 acres b) Single-family residential (SFR) acreage = 39.26 acres c) SFR density = # SFR Units / SFR Acreage = 255/ 39.26 = 6.5 DU / acre b) Multi-family residential (MFR) acreage = 0 acres
e) MFR to SFR equivalents = SFR Density x MFR acrage = 6.5 x 0 = N/A f) Total number of SFR equivalent units subject to assessment = 255 g) Proposed assessment per SFR equivalent at time of formation = $93,639.44 / 255 = $367.21 h) Proposed single-family lot assessment at time of formation = $367.21 PART D
(Assessment District No. 2025-01 Assessment of the Estimated Cost of the Improvements)