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Paula Gutierrez Baeza, Esq. Richards, Watson & Gershon Amer Attar, P.E., MBA City of Temecula Joyce L. Riggs, MAI, SR/WA Riggs & Riggs, Inc.

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Presentation on theme: "Paula Gutierrez Baeza, Esq. Richards, Watson & Gershon Amer Attar, P.E., MBA City of Temecula Joyce L. Riggs, MAI, SR/WA Riggs & Riggs, Inc."— Presentation transcript:

1 Paula Gutierrez Baeza, Esq. Richards, Watson & Gershon Amer Attar, P.E., MBA City of Temecula Joyce L. Riggs, MAI, SR/WA Riggs & Riggs, Inc.

2 PROJECT DESCRIPTION  Purpose of Project  Road is a Major Arterial  Realign and Widen Road to Ultimate Configuration  Connect Road to a Proposed Major Arterial Consistent with General Plan  Road Before Project  Center Dual Left Turn Lane  Dead-Ends at a Bank Building South of Project

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5 PROJECT DESCRIPTION  Road After Project  Two Lanes in Each Direction  Landscaped Median  Ability to Connect to Future Major Road  Full Street improvements

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8 PROPERTY DESCRIPTION  Industrial Building  Light Industrial Zoning  Business Park General Plan  Low Building Coverage Ratio  Access From One Driveway  Need for Small Area of Fee and Temporary Construction Easement for Project

9 IMPACTS TO PROPERTY  Acquired Property and TCE  Landscaping & Internal Circulation Road Impacts  Widen Driveway  New Raised Median – Restrict Left Turns  Travel Distance for Truck from Freeway - Before vs. After Condition

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11 Driveway Before No Raised Median Driveway After Raised Median

12 Original Truck Route from Freeway 3800 Ft ~ ¾ Mile New Truck Routes from Freeway 9500 Ft ~ 1 ¾ Miles Ft ~ 2 Miles

13 NEGOTIATIONS WITH OWNER  Attempts to Acquire Property with Owner by Negotiated Agreement  No Success  Council Adopted Resolution of Necessity  Complaint Filed

14 APPRAISAL VALUATION  Valuation of Larger Parcel – Entire Property  Income Capitalization  Sales Comparison Approach  Valuation of Land Value – As Acquisition Area Included Land and Only Site Improvements  Value of Fee Part Acquired (Land & Site Improvements)  Value of Remainder After Acquisition  Value of Temporary Construction Easement

15 VALUATION OF THE PART ACQUIRED Land Area$/SF % Rights AcquiredIndicated Value 13,363 SFx$7.50x100% $100,223 Value of the Land - Fee Part Acquired $100,223 SITE IMPROVEMENST/COMPONENT SUNITUNIT PRICECOST  Asphalt Paving5,850 SF$2.50 PSF$14,625  Total Site Improvements$14,625  Indirect Costs (13.0% of Direct Costs) $1,901  Total Direct and Indirect Costs$16,526  Entrepreneurial Profit (15.0% of Total) $2,479  Replacement Cost New of Hardscape Improvements$19,005  Less: Depreciation (50.0%)$ 9,503  Depreciated Replacement Cost New of Hardscape$ 9,503  Landscaping:  Grass with Sprinklers7,513 SF$2.50 PSF $18,783  Trees2$ EA$ 700  Total Landscaping Costs$19,483  Indirect Costs (13.0% of Direct Costs) $2,533  Total Direct and Indirect Costs$22,015  Entrepreneurial Profit (15.0% of Total) $3,302  Replacement Costs New of Landscaping$25,318 Estimated Value in Place of the Improvements$34,821

16 Summary of Part Acquired Valuation Value of the Land to be Acquired in Fee$100,223 Plus: Value of the Improvements to be Acquired 34,821 Total Value of the Fee Part Acquired$135,044 * * * AreaRate Percentage TermValue 9,360 SFx$7.50/SFx10%x 1.25 Year =$8,775 Value of Land Area in Temporary Construction Easement$8,775 All site improvements within the temporary construction easement area will be replaced in kind as part of the project.

17 SUMMARY OF VALUE CONCLUSIONS Value of the Whole Before Acquisition$2,780, ,804 SF - site (fee) + improvements Value of the Part Acquired as Part of the Whole $135,044 (Fee) 13,363 SF of Land$100,223 Site Improvements$ 34,821 Value of the Remainder as Part of the Whole$2,644,956 Value of the Remainder After Acquisition, Disregarding Benefits $2,644,956 Severance Damages $ -0- Value of the Remainder After Acquisition, Considering Benefits $2,644,956 Less: Benefits $ -0- Net Severance Damages$ -0- Estimated Just Compensation$135,044 Value of Temporary Construction Easement Part Acquired: TCE9,360 SF of land$ 8,775 Just Compensation for Temporary Construction Easement$ 8,775 Total Estimated Just Compensation$143,819 Rounded To:$145,000

18 LEGAL PROCESS  Resolution of Necessity  Filing of Complaint in Eminent Domain  Answers Filed by Property Owner and Lessee  Meetings on Site with Property Owner and Lessee  Deposition of Lessee  Mediation to Narrow Issues  Exchange of Expert Valuation Data  Settlement with Lessee  Mediation on Valuation Issues  No Settlement with Owner  Deposition of Experts

19 DEFENDANT’S APPRAISER’S VALUATION  Value of the Larger Parcel $3,600,000  Value of Fee Part Acquired$ 286,240  Land Value 13,363 $13.55/SF$181,100  Improvements in Fee Area:  Three Mature Trees$50,000  Grass & Sprinkler System$41,535  Chain Link Fencing w/Barb Wire$ 1,875  Asphalt Paving$11,730  Total Improvements$105,140  Temporary Construction Easement - 0-  Cost to Cure Damages (15% of $3,600,000)$ 540,000  Severance Damages (20% of $3,600,000)$ 720,000  Total Just Compensation$1,546,140

20 DEPOSITION OF EXPERTS  Appraisal – Weakness in Property Owner’s Appraisal  Errors Found  Methodology Problems  Architect  Appraiser – 2 nd Day Follow Up Questions  Traffic Engineer  Weakness in Analysis  Different Scale Used for Drawings  Truck Turning Radius Different than Scale Used for Underlying Architectural Site Drawings

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22 Truck Path Turning In Truck Path Turning Out

23 FURTHER SETTLEMENT TALKS  After Depositions  Identified Strengths and Weaknesses of Case  Prepared Motions  Consideration of Trial Costs  Legal  Expert Fees  Exhibits  Stronger Negotiating Position After Depositions  Owner Settled for Less Than Original Offer

24 WRAP UP  Owner’s Purpose in Challenging Acquisition – Rezone Property Light Industrial vs. Service Commercial


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