HomeMy WebLinkAboutMINUTES - 12202005 - C135A Contra
TO: BOARD OF SUPERVISORS (A
' �'s Costa
FROM: GAYLE B. UILKEMA, CHAIR � � .' ;
�� � u
DATE: December 20, 2005 Conty`'°SrA-�o;K��
SUBJECT: Refer to Health Services for report on County Ordinance Code provision requiring septic
systems to be set back 1000 feet from tributary of water supply reservoir
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
Refer to Health Services Department for report, attorney Andrew Shalaby's October 28, 2005
request for the Board to modify the requirement of County Ordinance Code section 420-
6.507(b), requiring septic systems to be set back 1000 feet from water supply reservoirs or
tributary streams thereof.
BACKGROUND:
On October 28, 2005 the Board received a request from attorney Andrew Shalaby on behalf of
his clients Russell and Patricia Cohn, that the Board modify County Ordinance Code section
420-6.507(b), which requires septic systems to be set back 1000 feet from water supply
reservoirs or tributary streams thereof. This issue has already been referred to the Health
Department for report in connection with the Board's action on the appeal of Tamara Attard.
Therefore, Mr. Shalaby's request should likewise be referred to the Health Department for
report back together with its report on said earlier Board referral.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S): oleo,*`
ACTION OF BOARD ON Poo*/* G� APPROVE AS RECOMMENDED OTHER
VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE
AND CORRECT COPY OF AN ACTION TAKEN
UNANIMOUS(ABSENT t___Nom�e ) AND ENTERED ON THE MINUTES OF THE
BOARD OF SUPERVISORS ON THE DATE
AYES: NOES: SHOWN.
ABSENT: ABSTAIN:
ATTESTED / 0 lKoe
CONTACT: JO S ET N,CLERK OF THE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
CC: �
JV
BY ,DEPU Y
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A VVV 11 LAILU%.JL&%AwL LAW OFFICES 7525 Lewiston Ave
n-0.,-a 3 A-4 P 1=A Q A%9
A.0%&01 SkAif A%fJ 9%wo 4-1. �f-T i OF El Cerrito,CA 94530
Telephone:510-528-8500, Telephone:510-528-8500,
Fax 510-528-2412 ANDREW W. SHALABY Fax 510-528-2412
e-mail:shalabylaw Lcom SBN 206841 e-mail:shalabIlawamol.com
To: Contra Costa County Board of To:City of Orinda and Orinda.City
Supervisors- Council,through their attorney,Ms.
Mr. John M. Gioia,fax 510-374-3429; Linda Roodhouse,
Ms. Gayle B. Uilkema, fax 925-335-1076; Lambardi,Loper, et al.,
Ms. Mary N.Piepho, 925-820-6627; 1999 Harrison St., Suite 2600
Mr. Mark DeSaulnier, 925-646-5767; Oakland, CA 94612-3541
Mr. Federal D. Glover, 925-427-8142 Tel. 510-433-2600, fax 510-433-2699
To: CONTRA COSTA HEALTH
SERVICES, through its attorneys Mr. cc-Ms.An Nguyen
Timothy Ryan and/or Mr. Bruce Paltenghi cc-Ms.Lillian Fuji
Gordon, Watrous, et al.
611 Las Juntas Re*. Cohn v. CCH, et al.
Post Office Box 630 U.S. Dist. Ct.,N.D., case#C04-1843 BZ
Martinez, CA 94553
Tel. 925-228-1400, fax 925-228-3644
REQUEST FOR JUST COMPENSATION UNDER
CALIFORNIA CONSTITUTION ARTICLE I
October 28, 2005 C W E
Dear Board of Supervisors Members, Contra
OCT 2 � i �''
Costa Health Services,the City of Orinda, the �t
City Council of the City of Orinda, and All � S1-JFEPL
---
%ILCounsels of Record: At1G -
Our office represents Mr. Russell Cohn and Doctor Patricia J. Cohn in the above4m
referenced Federal Court action. On October 27,2005 1 sent a correspondence to the Contra
Costa.County Board of Supervisors on behalf of my clients as well as those communities of
property owners affected by Contra Costa County Ordinance Code section 420-6.507(b),the
City of Orinda's counter-part Ordinance(s),and the moratorium implemented by CONTRA
COSTA HEALTH SERVICES' health officer Glen W. Kent on dated July 31, 1970,
requesting revisions to said Ordinance(s) and Moratoriums) in light of technological
developments which have taken place since enactment of these regulations over thirty five
isyears ago. In that correspondence I explained that a procedure s required to ripen a portion
of the Cohn's Federal Court claims and/or to resolve those claims and dismiss that action.
— 1 — PLEASE REPLY TO
----------- --w P
x El Cerrito Office
Berkeley Office
Request for Just Compensation
October 28,2005
p. 2
The requirement is for compliance with procedures set forth by the U.S. Supreme Court
pursuant to its decision in Williamson County Regional Planning Commission v. Hamilton
Bank, 473 U.S. 172. In short,before a claim of abridgment of constitutional rights under the
Fifth and Fourteenth Amendments to the U.S. Constitution is ripe for review in Federal
Court,the plaintiff must first obtain a final decision regarding the application of the zoning
ordinance and subdivision regulations to his or her property,and must thereafter utilized the
procedures State law provides for obtaining compensation. Accordingly,for the reasons
discussed below the Cohns respectfully submit this request for just compensation under
California Constitution Article I section 19,
BACKGROUND
The Cohns purchased a property from one John Barron in the year 2001, a parcel of
vacant land located on Dos Osos Drive, in ORINDA, California, further identified as
Assessor's Parcel Number 265-070-007/009. It was disclosed to them at the time of'purchase
that Mr. Barron was approved for installation of a septic tank. (Please see exhibits 1 and 2
attached hereto.)However, upon application to the City of Orinda and CONTRA COSTA
HEALTH SERVICES in relation to installation of a septic system, the Cohns were denied
approval to install a septic system on specified ground that Contra Costa County Ordinance
Code section 420-6.507(b)(hereinafter referenced as the"Setback Ordinance")and the July
31, 1971 moratorium(hereinafter referenced as the"Moratorium")allegedly did permit
the installation, accord*"flr115 to CONTRA COSTA ]HEALTH SERVICES and based on its
interpretations of same. An appeal was taken to the City Council of Orinda.followed, but
to no avail. In the course of the City Council's denial,it's counsel,Ms.Roodhouse,pointed
out that a disagreement arose as to the definition of"one thousand feet"under the Setback
Ordinance. Specifically, CONTRA COSTA HEALTH SERVICES, (acting as agent for
Orindapursuant to Chapter 8.32 of the Orin Municipal Code) interpreted the Setback
Ordinance to read that no septic installation would be permitted for any property located
within 1,000 feet of a tributary or stream, where the 1,000 feet were to be measured in a
straight line. The Cohns,through their attorney,explained that the legislature's intention was
to meet a water quality standard by application of this 1,000-foot rule, and that the standard
was exceeded when topography measurements were taken into consideration because the
distance of the subject property was about 1,800 feet from the tributary if the topography was
taken into consideration,
The Cohns filed an action with the United States District Court in May 2004 alleging takings
-2 -
Request for Just Compensation
October 28,2005
P• 3
and Equal Protection claims under the Fifth and Fourteenth Amendments to the United States
Constitution. CONTRA COSTA HEALTH SERVICES filed a motion to dismiss the takings
claim in September 2004,which was denied by the Court,at that time the Court having found
that a"facial takings claim"had been adequately alleged. However,the U.S. Supreme Court
rendered a decision in May of 2005 that effectively altered that decision, and CONTRA
COSTA HEALTH SERVICES and the City of Orinda,filed motions for summary judgment
to dismiss the action again in September 2005. The Court ruled in relevant part that the"as-
applied"takings claim was not ripe because the plaintiffs had not sought just compensation
and had not been deniedjust compensation so as to ripe their claim. However,the Court also
ruled that the plaintiffs pleaded a viable Equal Protection claim upon which relief could be
granted at trial, and a trial date is set for January 9, 2006.
RIPENESS
The Cohn's"as-applied"takings claims cannot"ripen"unless the following events occur:
1. They present a request to the legislative body(Board of Supervisors)for modification
of the Setback Ordinance and the Moratorium,, and their requests are denied or not
responded-to; and
2. They present a request foriust compensation to CONTRA COSTA COUNTY and the
CITY OF ORINDA, and their request is denied.
I. REQUEST FOR MODIFICATION OF SETBACK ORDINANCE
AND MORATORIUM WAS SUBMITTED OCTOBER 27, 2005
In compliance with the requirement that the -Cohns submit their request for
modifications to the Setback Ordinance and the Moratorium,and in hopes that the Board will
make the requested modifications and changes,the Cohns submitted their written requests
for same on October 27,2005. Accordingly,this request forjust compensation is contingent
upon denial of the Cohn's request for changes to the Ordinance and Moratorium, since of
course ifthe Cohn's proposed modifications are well-taken by and the changes are legislated,
the Cohns shall be able to construct their home and their need forjust compensation shall be
rendered moot.
- 3 -
Request for Just Compensation
October 28,2005
p. 4
Ile REQUEST FOR JUST COMPENSATION UNDER CALIFORNIA
CONSTITUTION ARTICLE 1 SECTION 19
California Constitution Article 1 section 19 provides: If
Private property may be taken or damaged for public use only when just
compensation, ascertained by a jury unless waived, has first been' paid.to, or
into court for, the owner. The Legislature may provide for possession by the
condemnor following commencement of eminent domain proceedings upon
deposit in court and prompt release to the owner of money determined by the
court to be the probable amount of just compensation.
In this instance,if the Cohns are not permitted to install a septic tank on their 2.2 acre parcel
in Orinda,they cannot construct their home, and there is no other economically viable use
for their property. The denial of permission to install the septic system by Contra Costa
Health Services,Contra Costa County,and the City of Orinda,where no sewer system exists
as is the case here, will constitute a taking of the Cohn's property for public use as better
explained through case law your attorneys have at their disposal. For more detail on this
issue please also review the civil complaint and related motions your respective counsels
have from the above-referenced Federal Court matter.
In the event that the Cohn's requests for modifications to the Setback Ordinance, its related
counterpart in the Orinda Municipal Codes (i.e. OMC 8.32.210), and the Moratorium are
denied and they are not permitted to install the septic system pursuant to the technological
advancements identified in the Questa Engineering report submitted as exhibit 4 to their
request for modifications to these regulations, the Cohns respectfully request the payment
of just compensation as follows:
1. Nine Hundred Twenty Five Thousand Dollars ($925,000)if paid within six months
of the date of this request, as consideration for purchase of the above-described
subject property by the City of Orinda and/or Contra Costa County, as ascertained in
the attached appraisal dated September 1,2005 (exhibit 1 hereto); or
2. The value of the subject property as determined by an updated appraisal and agreed-
upon by the parties based on market values, assuming the subject property to be a
buildable lot,as of the date of an agreement by the City of Orinda and/or Contra Costa
County to purchase the subject property pursuant to California Constitution Article
-4-
Request for Just Compensation
October 28,2005
p. 5
I section 19; or
3. Just Compensation in an amount to be ascertained by ajury as provided-for in Article
I section 19 of the California Constitution, upon an agreement by either the City of
Orinda and/or Contra Costa.County to purchase the subject property from the Cohns
in exchange for payment of just compensation.
III. REQUEST FOR RESPONSE WITHIN 30 DAYS UNLESS A
STIPULATION FOR CONTINUING THE TRIAL DATE CAN BE
REACHED AND APPROVED BY THE FEDERAL COURT
As explained above,the Federal Court matter is set to go to'trial on January 9,2006.
For this reason it is necessary to either resolve the matters discussed above, or alternatively
stipulate to continuing the trial date so that the Board of Supervisors and other relevant
persons can conduct the necessary administrative hearings and reviews of the requests
presented for changes to the regulations and for alternative just compensation. For this
reason,the Cohns have no alternative but to set a due date for responding to their requests
within 30 days, unless they are informed by yourselves or your counsels that a stipulation
continuing the trial date is necessary and desired. Kindly respond to the Cohn's requests set
forth herein and in their separate request for changes to the regulations by November 28,
2005.
Sincerely,
Andrew W. Shalaby
- 5 -
APPRAISAL REPORT
OF
Parcel One,Dos Osos
Orinda,Ca 94507
AS OF:
9/21/05
PREPARED FOR:
Client:Cohn
1654 Solano Avenue#A
Albany,CA 94708
PREPARED BY:
Denton Valuation
Robert W.Denton,MAI
1401 N.Broadway,Suite 210
Walnut Creek,CA 94596
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LAND APPRAISAL REPORT
Fie Na. 2005024
som mw CLIENT:Russell Cohn Census Tract 3540.01 Map Reference 010 E7
Property Address -Parcel One,-Dol Osos
city Orinda county Contra Costa state _ Ca zip code94507
Legal Description 'nda Park-TractPOR Lot 1 Reference a Preliminary-We report fort i de . tion/APN 265-070-007-9
Sale Price s NA Date of Sale Loan Term yrs. Property Rights Appraised I X1 Fee Leasehold De Minimus PUD
Actual Real Estate Taxes S 1.873.74 (yr) Loan Charges to be paid by seller s Other Sales Concessions
LendedClient Client:Cohn Address 1654 Solam Ay-enue94706
Occupant Vacant land Appraiser Robert W.Denton.MAL Instructions to Appraiser
Location Urban X Suburban Rural Good Avg. Fair Poor
Bust Up X Over 75% 25%to 75% Under 25% Employment Stabirdy Pxq
R
Growth Rate r7FullyDev. Rapid X Steady Slow Convenience to Employment
Property Values X Increasing Stable Declining Convenience to Shopping X
Demend/Supply X Shortage In Balance Oversupply Convenience to Schools X
Marketing Time X Under 3 Mos. 4-6 Mos. Over 6 Mos. Adequacy of Public Transportation X
Present Land Use %I Farnily_%24 Family _%Apts i%Condo -%Commercial Recreational Facilities X
_%industrial %Vacant % Adequacy of Unities X
Change In Present Land Use Not Likely -�Llkelyir) I X I Taking Place(') Property of Compatibility X
r)From Vacant/underdevelo ed To Custom Protection from Detrimental Conditions X
Predominate Occupancy XCI Owner Tenant 0 %Vacant Police and Fire Protection X
e Single Family Price Range s$Q to s x.500.000 Predominant Value s 1. Apps p
e 000 General Appearance of Properties X
• Single Family Age New yrs to 50 yrs. Predominant Age 15 yrs Appeal to Market 171
Comments Including those factors,favorable or unfavorable,affecting marketability(e.g.public parks,schools,view,noise): El Toyonal Is a hillside residential area
overlookina the and vii a e of Orinda located to.the east and southeast, astb Parkland are to the west and north.Access is over EI
toyonal.a windina.narrow treellned and sometimes steep country road Due to the elevations many prORertles enloy excellent view to the west
and north ComDosition is fair to good guailly SFR Mally older properties were original summer homes so aigodall quail Is somewhat lower.
Dimensions Irreaular a 96.703 Sq.Ft.or Acres Comer Lot
Zoning Classification Present Improvements t^do do not conform to toning regulations
Highest and best use Present use Other(specify) To develop site with a large custom home
Public Other(Describe) OFF SiTE IMPROVEMENTS Tom Knoll lot!level to slopina. V 'll
Elem X PG&E Street Access XC.�Public ❑Private Size good
Gas Butane surface Grave shape Irreaular
Water X EBMUD Maintenance X Public Private view Good view of Orinda o reservoirs Wt.Diablo
San.Sewer needs septic Storm sewer CurbJGutter Drainage Appears adeauate
Underground Elect.S Tel. Sidewalk Street Lights Is the property located in a HUD identified Special Flood Hazard Area? X No Yes
Comments(favorable or unfavorable including any apparent adverse easements,encroachments or other adverse conditions): The subjecl Is a knoll lot located at the
curve of a wooded ou a wen Red at 81212rox.10 feet shave road grade is level and could be used for u ldi site.QRRJtr pad does
have better views though filtered of two reservoirs, rinds hills and Mt.Diablo.-Access to site is average due narrow and winding stee
road.San Palo Road and shoppingis within 1.75 i es or+5 minutes, his is a good though secondeDE residential location of Orinda.
The undersigned has recited three recent sales of properties most similar and proximate to subjed and has considered these in the market analysis.The description includes
a dollar adjustment reflecting market reaction to those items of significant variation bebwen the subject and comparable properties. if a significant item In the comparable
property is superior to or mono favorable than the subject property,a minus(-)adjustment is made thus reducing the Indicated value of subject if a significant item in the
comparable is Inferior to or less favorable than the subject property,a plus(+)adjustment Is made thus increasing the indicated value of the subject.
SUBJECT PROPERTY COMPARABLE NO.1 COMPARABLE NOI COMPARABLE NO.3
Address Parcel One,Dos Osos Lot 10 Lomas Contadas 10 Gardiner Court 881 EI Pintado
Orinda Orinda Orinda Odnda
-
Proximity to Subject .. fit on block north 10 J4/1.5 miles east 652 J2/ n lock north
Sales Price NrA s 9498Z5,000 $ 985,000
Price s s s s
• Data Source MLS#40087 3 IdLS#40087 3MLS#4001949/1)oc#320917
Date of Sale and DESCRIPTION DESCRIPTION hW+0SSfn&nf . +0S+0S DESCRIPTION ~{it
Time •stment Listed -50.00d '1/8105-2/4/05 OE +38 o0 7/1/048/ 8/04 +59.00
Location Good Inferior +2 unor -150 00 u error -150 0 0
Sitefew 96,703 SF 87,120 SF 46,174 SF +50,00d 118.483 SF
View Good Similar Inferior +50,00d Inferior +50,000
Topooraphy Leveli 'i 'a - In U sl + fe r/ +I00
8 ewer Public - -50,000 wat r Pub,w n + n +30,000 PubliclNo +30.0
Sales or Financing
Concessions
Net otal X PlusMinus s + X Pius i6s
s +1$00 Plus X Minu s -11 000
Indicated Value
---- - =
of Su d 893.00 s 974,000
Comments on Market Data: SEE QOMMENTS
Comments and Conditions of Appraisal: Theo inion of value assumes no unknown_adverse influences, n u brances or other clouds
f fitle.It also assumes the site Is buildable for ong filngle family residence,Though zoning may allow additional sites no
•
determination ca be made at this point. If subdivision is allowed an alternate value may apply.
Final Reconciliation: N l ATION:The b2st a ailable market information was utilized to form an opinion of market valu for the subject
prope e date f'ns esti n.September 21,2005, e market date considered includes sales and listings of progertles that are
i
compefibye,and coulEE,
modWe a highest and best use similar to that for the sub'ect ro e
I ESTIMATE7HLKEU7T S DEFINED,OF SUBJECT PROPERTY AS OF September 21, 2005 to be s 925,000
Appraiser(s) Review Appraiser(if applicable)
Bert W.Denton,MAI
0DId Did Not Physically Inspect Property
ClickFORMS Raal Estate Appraisal Software by Bradford Teenologles(800)622-5727
EXTRA COMPARABLES 4-5-6 File No. 2005024
eom wer CLIENT:Russell Cohn
Property Address Parcel One,Dos Osos
cir,► Orinda _ County Contra Costa State Ca zip Code 94507 _
Lender/Ciient Client:Cohn Address 1654 Solano Avenue#A.Albany.CA 94708
The undersigned has recited three recent sales of properties most similar and proxirtate to subject and has considered these in the market analysis.The descxip5on includes
a dollar adjustment reflecting market reaction to those items of signillmrit variation between the subject and comparable properties. If a signtticsnt item in the comparable
property is superior to or more favorable than the subject property,a minus(-)a*usIment Is made thus reducing the indicated value of subject;9 a significant item in the
comparable is inferior to or Was favorable than the subject property,a phis(+)ac#ustmord is made thus increasing the Indicated value of the subject
FTUBJECT PROPERTY COMPARABLE NO.4 COMPARABLE NO.5 COMPARABLE NO.5
Address Parcel One,Dos Osos 295 Las Quebradas Lane 1 Miner Road
P A UDS et lies SE He east
Saks Price sNA $ RZ8,900 s 285,000 s
Price � s s
s Data Source MLS#4DO173
Date of Sale and DESCRIPTION DESCRIPTION DESCRIPTION -� DESCRIPTION as
` Time AcWstment 7/21/04- 5 +68,00d Li -50,00d Good Superior0.00d Supedor -1s
sr"Jew +25.00d
View Q00d Infedor + 01 Inferior +5nod
Topouraphy v + +25,00d
SeptictSewar None Public Public -50,00d
Wet ub.water Pub,waLer meter Public/No hookup +30 Pu li k +30 0
Sales or Financing
Concessions
Net ota Plus X Minus s -27.00 Plus X Minus s -121 Plus Minus s
Indicated Value
Of SubJect s 951,000 s 865.000
Comments on Market Data
Cgmp# i a moderately sloping t les a it v i i similar in an ill
It has a slightly mor location, f ' r to th2 suhlect'sarea,It Is adjusted for this factgr In additionlacking b
water versus the subject being-on public r and h 3water mrter.The adjusiment is the r&st to install meter and pay
system cal2acity charge:i Imately$30,000,Ihois comparable is also adjusted downward to reflect a neaotiated sale,
This a bl I i w' respect-to
locationand size.howgver It is not a sold 12ropeft:this limits its reliability as an indicatorh value,
#2 is a smaller hillside Rrol2ertyr the Orinda Count[y Qlub,Thil la a far superior area andis improved with- far superior
homes located in theIt is adiustedupward 1/2%/month f r cia i ndownward for location-, ward
for smallgr size view and topogral2by.It is adjusted for bgIng on publicsanitation system:adjustment s made based on the
"stateS50.000 cost for the subject to install a "
watergg,The
indicated value Qf the subled by this sale is$893,000,
#3 is a smaller hillside Rropeft in a vill is Is farSUDerior area andImproved h fir superior h mes,than located
In the subjectarea, is adjustedu w rd ! ° /month for aRRrerjatlon.downwardfor location,Upward for Amaller gige.view
and tQ1209raphy.His adjusted for being Qn g?ublict a i n system:adjustmenj is rn $50,000 cost for the
subject o install f the a "septic m.This cQmp also reguired a water hookUp fee.The indicated value of the
alongsubject by this sale is S974,000,
#4 Is level n /5th a=)though is othenNise aulte steep,It is lQcated In the superior Roundhill
Qountly area and Is surrgund hv more expgrisive housing tha b i Usted upward 112%/month for
re 'a io downward for I ca i n ul2ward for fiffaller lize.view and toRogral2hy. It is adjusted for bpflng onDublic
Allnitationsygtem:adjustment is madebased o 0 cost for the sUbjecto install a"slate of theart"se2tic system.
This comp also re wired a water hookuR fee.The indicated value of the subject by thisI is$951.000.
11 hillside located near a CQunt[y Club.Thisfar supedgr greg and is improved with
superiQr homeA thano rea.it is adjusted downwardfor to-onsumateal n location. w rd for
.small r size,View and toRoaraDhy,It is adjustedbeing on publipani i nsystem:adjustment is made based
$50.000 cost for thg subject install a"state of the,art"septic system.This comp also re uir d a water hookup fee.The
Indicated value of the subiegi by thiss le is$665,000.
CONCLUISION OF,MARKET VALUE: ub'ec is valued 0•this i based a correlation Qf the Ori a
PrUfftles with c d SUPPort by the Alamo/Danville area gomparabIgs.
LOCATION MAP ADDENDUM File No.2005024
Borrower CLIENT:Russell QQhn
Property Address Parcel One.Dos Osos
Or Orind a County Contra Costa state Ca zip Code94507
Lender/Client Client:Cohn Address 1654 Solano Avenue#A.Albany.CA 94708
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PLAT MAP ADDENDUM File No.2005024
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Property Address Parcel One.Dos Osos _
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SUBJECT PHOTO ADDENDUM File No. 2005024
Borrower CLIENT:Russell Cohn
Property Address Parcel One.Dos Osos
City Orinda Gou ty Contra Costa state Ca zip Code94507
LenderlCrtent Client:Cohn Address 1654 Solano Avenue M.Albany.CA 94708
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COMPARABLES 4-5-6 PHOTO ADDENDUM Rig Na. 2005024
axrmw •Russell Cohn
Co swe Qa zip Cods 9450
lendewckm Address 1654 b5olano A-venue#A.Albany,CA 94796
COMPARABLE SALE#4
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.�;:: # •. `?y• Address
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295 Las Quebradas Lane
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1 Miner Road
. "°• Orinda
COMPARABLE SALE#6
MWORMS Real Estate Appraisal Software by Bradford Udmologies(800)672-4727
DEFINITION OF MARKET VALUE:The most probable price which a property should bring in a competitive and
open market under all conditions requisite to a fair sale, the buyer and seller, each acting prudently, knowledgeably and
assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a
specified date and the passing of title from seller to buyer under conditions whereby: (1) buyer and seller are typically
motivated;(2)both parties are well informed or well advised,and each acting In what he considers his own best interest
(3)a reasonable time is allowed for exposure in the open market (4)payment is made In terms of cash in U. S. dollars
or in terms of financial arrangements comparable thereto; and (5)the price represents the normal consideration for the
property sold unaffected by special or creative financing or sales concessions*granted by anyone associated with the sale.
*Adjustments to the comparables, must be made for special or creative financing or sales concessions. No adjustments
are necessary for those costs which are normally paid by sellers as a result of tradition or law in a market;these costs
are readily identifiable since the seller pays these costs in virtually all sales transactions. Special or creative financing
adjustments can be made to the comparable property by comparisons to financing terms offered by a third party
institutional lender that is not already involved in the property or transaction. Any adjustment should not be calculated
on a mechanical dollar for dollar cost of the financing or concession but the dollar amount of any adjustment should
approximate the markers reaction to the financing or concessions based on the appralser's judgment
STATEMENT OF LIMITING CONDITIONS AND APPRAISER'S CERTIFICATION
CONTINGENT AND LIMITING CONDITIONS:The appraisers certification that appears in the appraisal report is
subject to the following conditions:
1. The appraiser will not be responsible for matters of a legal nature that affect either the property being appraised or
the title to it The appraiser assumes that the title is good and marketable and, therefore, will not render any opinions
about the fide.The property is appraised on the basis of It being under responsible ownership.
2. The appraiser has provided a sketch in the appraisal report to show approximate dimensions of the 'improvements
and the sketch is included only to assist the reader of the report in visualizing the property and understanding the
appraiser's determination of its size.
3. The appraiser has examined the available flood maps that are provided by the Federal Emergency Management Agency
(or other data sources)and has noted in the appraisal report whether the subject site is located in an identified Special
Flood Hazard Area.Because the appraiser is not a surveyor,he or she makes no guarantees,express or implied,,regarding
this determination.
4. The appraiser will not give testimony or appear in court because he or she made an appraisal of the property in question,
unless specific arrangements to do so have been made beforehand.
5. The appraiser has estimated the value of the land in the cost approach at its highest and best use and the improvements
at their contributory value.*These separate valuations of the land and improvements must not be used in conjunction with
any other appraisal and are invalid If they are so used.
6. The appraiser has noted in the appraisal report any adverse conditions(such as,needed repairs,depreciation,the presence
of hazardous wastes,toxic substances,etc.)observed during the inspection of the subject property or that he or she became
aware of during the normal research involved in perform ing the appraisal. Unless otherwise stated in the appraisal report,
the appraiser has no knowledge of any hidden or unapparent conditions of the property or adverse environmental conditions
(including the presence of hazardous wastes,toxic substances,etc.)that would make the property more or less valuable,
and has assumed that there are no such conditions and makes no guarantees or warranties,express or implied,regarding
the condition of the property. The appraiser will not be responsible for any such conditions that do exist or for any
engineering or testing that might be required to discover whether such conditions exist Because the appraiser is not an expert
in the field of environmental hazards, the appraisal report must not be considered as an environmental assessment of
the property.
7. The appraiser obtained the information,estimates,and opinions that were expressed in the appraisal report from sources
that he or she considers to be reliable and believes them to be true and correct The appraiser does not assume responsibility
for the accuracy of such items that were furnished by other parties.
8. The appraiser will not disclose the contents of the appraisal report except as provided for in the Uniform Standards of
Professional Appraisal Practice.
9. The appraiser has based his or her appraisal report and valuation conclusion for an appraisal that is subject to satisfactory
completion, repairs, or alterations on the assumption that completion of the improvements will be performed in a
workmanlike manner.
10. The appraiser must provide his or her prior written consent before the lender/client specified in the appraisal report
can distribute the appraisal report(including conclusions about the property value,the appraiser's identity and professional
designations,and references to any professional appraisal organizations or the firm with which the appraiser is associated)
to anyone other than the borrower, the mortgagee or its successors and assigns* the mortgage insurer, consultants;
professional appraisal organizations; any state or federally approved financial institution; or any department agency,
or Instrumentality of the United States or any state or the District of Columbia;except that the lender/client may distribute
the property description section of the report only to data collection or reporting service(s) without having to obtain.the
appraiser's prior written consent The appraiser's written consent and approval must also be obtained before the appraisal
can be conveyed by anyone to the public through advertising,public relations,news,sales,,or other media.
Freddie Mae Form 439(6-93) ClickFORMS Real Estate AppnWsal Softwero by Bradford 7e6hr%Wogies(11W)622-8727 Fannie Mae Form 1OD48(6-93)
APPRAISER'S CERTIFICATION: The Appraiser certifies and agrees that
1. 1 have researched the subject market area and have selected a minimum of three recent sales of properties most similar
and proximate to the subject property for consideration in the sales comparison analysis and have made a dollar adjustment
when appropriate to reflect the market reaction to those Items of significant variation. If a significant item in a comparable
property is superior to, or more favorable than, the subject property, I have made a negative adjustment to reduce the
adjusted sales price of the comparable and,if a significant item in a comparable property is inferior to, or less favorable
than the subject property,I have made a positive adjustment to Increase the adjusted sales price of the comparable.
2. 1 have taken into consideration the factors that have an impact on value in my development of the estimate of market
value In the appraisal report I have not knowingly withheld any significant information from the appraisal report and I
believe,to the best of ffry knowledge,that all statements and information in the appraisal report are true and correct
3. 1 stated in the appraisal report only my own personal,unbiased,and professional analysis,opinions,and conclusions,
which are subject only to the contingent and limiting conditions specified in this form.
4. 1 have no present or prospective Interest in the property that Is the subject to this report and I have no present or
prospective personal interest or bias with respect to the participants in the transaction. I did not base, either partially or
completely, rrry analysis and/or the estimate of market value in the appraisal report on the race, color, religion, sex,
handicap,familial status,or national origin of either the prospective owners or occupants of the subject property or of the
present owners or occupants of the properties in the vicinity of the subject property.
5. 1 have no present or contemplated future interest In the subject property,and neither my current or future employment
nor my compensation for performing this appraisal Is contingent on the appraised value of the property.
6. 1 was not required to report a predetermined value or direction In value that favors the cause of the client or any •
related party,the amount of the value estimate,the attainment of a specific result,or the occurrence of a subsequent event
in order to receive my compensation and/or employment for performing the appraisal. I did not base the appraisal report
on a requested minimum valuation,a specific valuation,or the need to approve a specific mortgage loan.
7. 1 performed this appraisal in conformity with the Uniform Standards of Professional Appraisal Practice that were
adopted and promulgated by the Appraisal Standards Board of The Appraisal Foundation and that were in place as of the
effective date of this appraisal,with the exception of the departure provision of those Standards, which does not apply.
I acknowledge that an estimate of a reasonable time for exposure in the open market is a condition in the definition of
market value and the estimate I developed is'consistent with the marketing time noted in the neighborhood section of this
report unless I have otherwise stated in the reconciliation section.
S. I have personally inspected the interior and exterior areas of the subject property and the exterior of all properties
listed as comparables in the appraisal report I further certify that I have noted any apparent or known adverse conditions
in the subject improvements, on the subject site, or on any site within the immediate vicinity of the subject property of
which I am aware and have made adjustments for these adverse conditions In my analysis of the property value to the
extent that I had market evidence to support them I have also commented about the effect of the adverse conditions on
the marketability of the subject property.
9. 1 personally prepared all conclusions and opinions about the real estate that were set forth in the appraisal report.If I
relied on significant professional assistance from any individual or individuals in the performance of the appraisal or the
preparation of the appraisal report I have named such individual(s)and disclosed the specific tasks performed by them
in the reconciliation section of this appraisal report I certify that any individual so.named is qualified to perform the tasks.
I have not authorized anyone to make a change to any hem In the report therefore,if an unauthorized change Is made to the
appraisal report I will take no responsibility for it
SUPERVISORY APPRAISER'S CERTIFICATION: If a supervisory appraiser signed the appraisal report,he or she
certifies and agrees that I directly supervise the appraiser who prepared the appraisal report have reviewed the appraisal
report agree with the statements and conclusions of the appraiser, agree to be bound by the appraiser's certifications
numbered 4 through 7 above,and am taking full responsibility for the appraisal and the appraisal report.
ADDRESS OF PROPERTY APPRAISED: Parcel One,Dos Qsos.Orinda,Ca 24507
APPRAISE SUPERVISORY APPRAISER (only if required)
Signature: Signature:
Name: Rgb�dW Qel3JQn.MAI Name:
Date Signed: 6L25LCIS- Date Signed:
State Certification#: AGO06925 State Certification
or State License#-. or State License M.
State: CA State:
Expiration Date of Certification or License: 4/1/2005 Expiration Date of Certification or License:
F I Did F] Did Not Inspect Property
Fmcide Mae Form 439 6-93 ClickFORMS Real Estate Appraisal Software by Bradford Technologies(1100)622-6727 Fannie Mae Form 10048 6-93
MULTI=PURPOSE SUPPLEMENTAL ADDENDUM
FOR FEDERALLY RELATED TRANSACTIONS
20050
4
Borrower I Qohn
PMM Address Parcel
Orinda cmmtf Contra Costa state Ca Zip Code 94507
Lender Client:
Qohn—
This Mu&Purpose Supplemental Addendum for Federally Related Transactions was designed to provide the appraiser with a con-
venient way to comply with the current appraisal standards and requirements of the Federal Deposit Insurance Corporation (FDIC),
the Office of the Controller of Currency (OCC), The Office of Thrift Supervision (OTS), the Resolution Trust Corporation (RTC)
and the Federal Reserve.
This Multi-Purpose Supplement Addendum is for use with any appraisal.Only those
statements which have been checked by the appraiser apply to the property being appraised.
The purpose of the appraisal is to estimate the market value of the subject property as defined herein.The function of the appraisal is to
assist the above-named Lender in evaluating the subject property for lending purposes.This is a Federally related transaction.
FRIThe appraisal is based on the information gathered by the appraiser from public records,other identified sources,inspection of the
subject property and neighborhood,and selection of comparable sales within the subject market area.The original source of the com-
parables Is shown in the Data Source section of the market grid along with the source of confirmation,if available.The original source
is presented first The sources and data are considered reliable.When conflicting information was provided,the source deemed most
reliable has been used.Data believed to be unreliable was not included in the report nor used as a basis for the value conclusion.
❑ The Reproduction Cost is based on
supplemented by the appraiser's knowledge of the local market
EJ Physical depreciation is based on the estimated effective age of the subject property.Functional and/or external depreciation,if
present,is specifically addressed in the appraisal report or other addenda.In estimating the site value,the appraiser has relied on
personal knowledge of the local market The knowledge is based on prior/or current analysis of site sales and/or abstractions of site
values from sales of improved properties.
FX�The subject property is located in an area of primarily owner-occupied single family residences and the income Approach is not consi-
dered to be meaningful.For this reason,the Income Approach was not used.
❑ The Estimated Market Rent and Gross Rent Multiplier utilized in the Income Approach are based on the appraiser's knowledge of the
subject market area.The rental knowledge is based on prior and/or current rate surveys of residential properties.The Gross Rent
Multiplier is based on prior and/or current analysis of prices and market rates for residential properties.
F-1 For income producing properties,actual rents,vacancies and expenses have been reported and analyzed.They have been used to pro-
ject future rents,vacancies and expenses. .
X ..•. �-
According to Multiple Listina Service the subject property:
X has not been offered for sale in the past 30 days.
is currently offered for sale for$ .
was offered for sale within the past 30 days for$ .
Offering information was considered in the final reconciliation of value.
Offering information was not considered in the final reconciliation of value.
Offering information was not available. The reasons for unavailability and the steps taken by the appraiser are explained later in
this addendum.
According to QQntra Costa County Recorder the subject property:
has not transferred in the past twelve months. X has not transferred in the past 36 months.
has transferred in the past twelve months. has transferred in the past 36 months.
All prior sales which have occurred in the past months are listed below and reconciled to the appraised value,either in the body
of the report or in the addenda.
Date Sales Price Document# Seiler Buyer
X Subject property is not located in a FEMA Special Flood Hazard Area.
Subject property is located in a FEMA Special Flood Hazard Area.
Zone FEMA Ma lPanel# Map Date Name of Communi
The community does not participate in the National Flood Insurance Program.
X The community does participate in the National Flood Insurance Program.
It is covered by a regular program.
It is covered by an empMenFy program.
FW 70M November 1991 CrickFORMS Real Estate Appraisal software by Bradford Tecnologies(800)622-8727 Page 1
2005024
Nei
The subject property is currently not under contract.
The contract and/or escrow instructions were not available for review. The unavailability of the contract is explained later in the
addenda section.
E]The contract and/or escrow instructions were reviewed.The following summarizes the contract
Contract Date Amendment Date Contract Price Seller
The contract indicated that personal property was not Included in the sale.
The contract indicated that personal property was Included. It consisted of
Estimated contributory value is$
Personal property was not included in the final value estimate.
Personal property was included in the final value estimate.
The contract indicated no financing concessions or other incentives.
The contract indicated the following concessions or incentives:
If concessions or incentives exist,the comparables were checked for similar concessions and appropriate adjustments were made,if
applicable,so that the final value conclusion is in compliance with the Market Value defined herein.
reg months is considered a reasonable marketing period for the subject property based on a review Qf.cgmpari1ble_
sa1gs and lifilings.
The Appraiser certifies and agrees that
(1) Their analyses,opinions and conclusions were developed,and this report was prepared,in conformity with the Uniform Standards of
Professional Appraisal Practice CUSPAP),and in accordance with the regulations developed by the Lender's Federal Regulatory
Agency as required by FIRREA,except that the Departure Provisions of the USPAP do not apply.
(2) Their compensation is not contingent upon the reporting of predetermined value or direction in value that favors the cause of the
client the amount of the value estimate,the attainment of a stipulated result or the occurrence of a subsequent event
6(3)
his appraisal assignment was not based on a requested minimum valuation,a specific valuation,or the approval of a loan.
The value estimated is based on the assumption that the property is not negatively affected by the existence of hazardous substances or
detrimental environmental conditions unless otherwise stated in this report The appraiser is not an expert in the Identification of
hazardous substances or detrimental environmental conditions.The appraiser's routine inspection of and Inquires about the subject
property did not develop any information that indicated any apparent significant hazardous substances or detrimental environmental
conditions which would affect the property negatively unless otherwise stated In this report.It is possible that tests and Inspections made
by a qualified hazardous substance and environmental expert would reveal the existence of hazardous substances or detrimental
environmental conditions on or around the property that would negatively affect its value.
The unoned is cQmpetent tQ al2praise the subject as h2 12ossessefi the resources and haA bQth the knowledge
and experience to appraise agricin tural propeft. rinda ggi well as entire Contra Costa Qoty area Is within
Denton Valuation's reaular service.,area.
9/21/05 9113105
Appraiser's Signature Effective Date Date Prepared
Appraiser's Name(print) Robert Deoton,MAI Phone# 925 746=1420
State CA FILicense FRI Certification# AQO 925 Tax ID#
The co-signing appraiser has personally Inspected the subject property,both Inside and out,and has made an exterior Inspection of all
comparable sales listed in the report.The report was prepared by the appraiser under direct supervision of the co-signing appraiser.
The co-signing appraiser accepts responsibility for the contents of the report including the value conclusion and the limiting condi-
tions,and confirms that the certifications apply fully to the co-signing apprWser.
the co-signing appraiser has not personally Inspected the interior of the subject property and:
has not Inspected the exterior of the subject property and all comparable sales listed in the report
has Inspected the exterior of the subject property and all comparable sales listed In the report
The report was prepared by the appraiser under direct supervision of the co-signing appraiser.The co-signing appraiser accepts
responsibility for the contents of the report including the value conclusions and the limiting conditions, and confirms that the
certifications apply fully to the co-signing appraiser with the exception of the certification regarding physical inspections.The above
describes the level of inspection performed by the co-signing appraiser.
El The co-signing appraiser's level of inspection,involvement in the appraisal process and certification are covered elsewhere in the
addenda section of this appraisal.
W41L
Co,-Signing
Appraiser's Signature Effective Date 9121105 Date Prepared
Co-Signing Appraiser's Name(print) Phone#
State cation# 93LM Tax ID#
license F-1 Certifi, Trainee
FW-70M November 1991 ClickFORMS Appraisal Software by Bradford Tocnologies(800)622-8727 Page 2
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