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HomeMy WebLinkAboutMINUTES - 04211992 - D.1 r I .O.-6 ro: " BOARD OF SUPERVISORS Contra � _ a J -- Costa FROM: INTERNAL OPERATIONS COMMITTEE .- '�• n. s �o County y DATE: April 13, 1992 STq couK SUBJECT: MARSH CANYON LANDFILL CONDITIONS OF APPROVAL RELATING TO AN OFFER TO PURCHASE LAND AND HOMES DIRECTLY ACROSS THE ROAD FROM THE PROPOSED LANDFILL ENTRANCE SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATIONS: 1 . Acknowledge receipt of the memorandum report from the County Counsel ' s Office dated April 13, 1992 and concur in the conclusions reached in that report to the effect that the Conditions of Approval for the Land Use Permit for the Marsh Canyon Landfill do not require that Condition 35 . 1a be complied with in any particular time frame, that condemnation is not and has never been a viable option for resolving the current dispute, and that the Conditions of Approval accurately reflect the intent of the Board of Supervisors at the Board' s hearing on March 20, ' 1990 when the Conditions of Approval were adopted. 2 . Concur in the conclusion reached by our Committee on April 13, 1992 to the effect that Waste Management of North America, Inc. has complied with Condition 35, la to the extent that it has obtained "an appraisal prepared by a qualified real estate appraiser acceptable to the County" , with regard to all properties except that belonging to the Vieville' s, who have thus far chosen not to have an appraisal done pursuant to the terms of Condition 35 . 1a. 3 . Subject to advice from the County Counsel to the effect that the Board of Supervisors can legally do so, agree to hold open the appraisal report from Hector Leslie and Associates for a 30 day period ending close of business May 21, 1992 for the purpose of receiving written comments from any or all of the four landowners subject to Condition 35 . 1a or their representatives, or from Waste Management of North America, CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY I RATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE SIGNATURE(S): RO ER SUNNE WRIGHT McPEAK ACTION OF BOARD ON AiDrl APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS(ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. CC: Please see Page 4 . ATTESTED -� / PHIL BATCH i0R,CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR M382 (10/88) BY DEPUTY i i I.O.-6 Inc. or its representatives, which comments shall be filed with the Community Development Director and the County Counsel and thereafter with Mr. Hector Leslie to the extent that the comments may involve Mr. Leslie' s appraisal report or the facts or conclusions on which it was based. Request County Counsel and the Community Development Director to report their conclusions and recommendations, along with any response made by Mr. Leslie, to the Board of Supervisors by June 30, 1992 . 4 . Concur with the conclusion reached by our Committee and all present at our Committee meeting on April 13, 1992 to the effect that Condition 36 . 3 does apply to the four property owners to whom Condition 35 . 1a also applies, but that Condition 36 . 3 also applies to all other property owners in the vicinity of the proposed landfill, whereas Condition 35 :,1a applies only to these four landowners. 5 . Request that appropriate representatives of Waste Management of North America, Inc. meet with the four property owners (or any of them who wish to meet with Waste Management) in an effort to reach a negotiated settlement regarding the implementation of the balance of Condition 35 . 1a. 6 . Remove this matter as a referral to our Committee. BACKGROUND: On March 17, 1992, the Board of Supervisors requested that the County Counsel '.s Office research and report certain information to our Committee and authorized our Committee to meet with all . affected parties on April 13, 1992 . On April 13, 1992, our Committee (with Supervisor Robert Schroder absent) met with the following individuals : Charles Zahn, Community Development Department staff Lillian Fujii, Deputy County Counsel Ric &Paula Schiff Christian & Corinne Vieville . Don Schehrer, KYMCO, Inc. Jeffrey D. Polisner, Attorney representing KYMCO, Inc. Dene Ogden, Real Estate Appraiser, representing Mr. & Mrs. Schiff Mary Lou Lucas, representing Waste Management of North America Michael H. Zischke, Attorney representing Waste Management of North America Phyllis Roff Claude Van Marter, Assistant County Administrator We began by asking Lillian Fujii to review her memorandum dated April 13, 1992 , which is attached to and incorporated herein by reference, which presented her office' s conclusions regarding the time frame within which Waste Management, Inc. was supposed to implement Condition 35 . 1a, the feasibility of using condemnation as an alternative to purchase of the properties in question, and the results of her meeting with the property owners regarding the accuracy of the wording of the Conditions of Approval in relation to the transcript of the Board of Supervisors meeting of March 20, 1990. Chuck Zahn, on behalf of the Community Development Department, concurred with Ms . Fujii ' s report and noted that'the appraisal done by Mr. Leslie did not include the Vieville' s property (at their request) but that such an appraisal will have to be done at some point in order to fully comply with Condition 35. 1a. Mary Lou Lucas, on behalf of Waste Management, noted that her firm had no control over and did not provide any instructions to Mr. Leslie in doing the appraisal . Their only role was to pay for the appraisal, which was done by an appraiser acceptable to the County. Mr. Vieville presented his written comments dated April 7, 1992, which are attached to Mr. Vieville' s memorandum dated April 7, 1990 [sic] and are attached to this report. Mr. Vieville made the point 2 y � I .O.-6 that he wanted Condition 36 . 3 made applicable to his property. Ms . Fujii clarified that Condition 35. 1a applies only to the four properties in question, but that Condition 36 .3 applies to these four properties as well as any other properties which are affected by the construction or operation of the proposed landfill . It was noted that the value compensation study applies only to Condition 36 . 3 and that the study is currently underway at Sonoma State University. Mr. Schiff noted that his property is at least as likely to be negatively impacted by the construction of the landfill as by its subsequent operation and that time is therefore of the essence to him and his family. Ms . Lucas noted that Waste Management was willing to meet with the property owners, but that the appropriate representatives had not been available for a meeting on April 10, -1992 . However, a meeting will be set up in the near future. Mrs . Schiff recounted the history of their purchase of their property, pointing out why the recorded sale price does not represent the true value of the property since the Schiffs and the previous owners had also exchanged equity in their respective properties as partial compensation. The Schiff ' s believe that they actually paid the equivalent of $475,000 for their property and that $100,000 of this was not reflected in the recorded sale price. Mr. Schiff also disputed the statement in the appraisal report to the effect that the Schiff ' s property does not have a domestic water supply available to it. Mr. Schiff contends that he has a water supply through percolation which serves the property and that this information was shared with Mr. Leslie. Mr. Schiff also argued with the conclusion in the appraisal report that few if any improvements had been made to the property since the Schiff 's had owned it. Mr. Ogden noted that the appraisal had concluded that the value of the three potential lots on the Schiff property were equal in value at $120, 000 each. However, Mr. Ogden noted that the lot on which the Schiff ' s home sits is level and thus is considerably more valuable than $120,000. Mr. Ogden suggested that this lot alone was worth $200,000 . He also noted that the Schiff ' s had done considerable work in improving the property and that this work was overlooked by Mr. Leslie' s appraisal . Supervisor McPeak asked Ms . Fujii for an opinion as to what right the Board of Supervisors had to question the methodology used by the appraiser. Ms . Fujii indicated that the Board of Supervisors has no obligation to go any farther with the appraisal process than it has to date. She suggested that Mr. Ogden might want to put his comments in writing and then have Waste Management ask Mr. Leslie to respond to Mr. Ogden's comments. However, in the absence of this, it is her opinion that Waste Management has complied with the Condition of Approval in that the appraisal has been completed by the appraiser approved by the County. Mr. Polisner, representing KYMCO, Inc. , noted that the appraisal of the KYMCO property is substantially understated, because Mr. Leslie reached the conclusion that the property could not be subdivided into more than one lot, thereby substantially understating the value of the property, compared with the value if the property could be subdivided. Mr. Polisner noted that they had consulted a civil engineer, who concluded the KYMCO property could be subdivided into at least three lots . Ms . Fujii reiterated her previous statement that the only issue before the Committee and the Board of Supervisors is whether the Condition of Approval has been complied with and whether the 3 I.O.-6 appraisal is fair. In her opinion the appraisal as submitted meets the Condition of Approval . She also noted that if the Committee asks Mr. Leslie to review and respond to Mr. Ogden' s comments that he may expect to paid more by Waste Management. Mr. Schehrer noted his conclusion that the KYMCO property is worth more like $425,000 since it can be subdivided into three lots . Mr. Polisner noted that in Mr. Leslie' s appraisal (Assumptions and Limiting Conditions) he notes that "In the event that any inaccuracies or inconsistencies occur, the appraiser reserves the right to review his final value conclusion. " Based on all of the above discussion and the attached written reports, including the appraisal itself, we have reached the above recommendations, which we urge the Board of Supervisors to approve. cc: County Administrator Michael H. Zischke, Waste Management c/o McCutchen, Doyle, Brown & Enersen P.O. Box V Walnut Creek, CA 94596 Mary Lou Lucas, Waste Management 1801 Oakland Boulevard, Suite 250 Walnut Creek, CA 94596 County Counsel Community Development Director Chuck Zahn, Assistant Director, CDD Frederick & Paula Schiff P.O. Box 744 Clayton, CA 94517 Christian & Corinne Vieville P.O. Box 284 Clayton, CA 94517 Don Schehrer, KYMCO< Inc. P.O. Box 696 Moss Beach, CA 94038 4 COUNTY COUNSEL'S OFFICE CONTRA COSTA COUNTY MARTINEZ, CALIFORNIA Date: April 13 , 1992 To: Internal Operations Committee - Supervisors McPeak and Schroder From: Victor J. Westman, County Counsel By: Lillian T. Fujii, Deputy County Counsel Re: Marsh Canyon Landfill Condition of Approval No. 35.1.a ILUP 2010-90) On March 17, 1992, the Board of Supervisors adopted the Internal Operations Committee's report and recommendations from the Committee' s March 9, 1992 meeting. This office was requested to address the following issues. SUMMARY: 1. The conditions of approval do not require compliance with Condition No. 35. 1.a within any express time frame. The Board may reasonably require compliance with Condition No. 35.1.a within the same time frame set forth in Condition No. 4.1 - three years after obtaining the Solid Waste Facilities Permit or the opening of the landfill. It may also be possible for the Board to impose a shorter time period, but. such period must commence after the Solid Waste Facilities Permit is obtained and all non-applicant appeals have been concluded. 2. Condemnation would not have been a viable alternative to Condition No. 35.1.a. However, if the parties agree, and there are no other objections, the parties may participate in a procedure similar to or based upon the procedure for condemning property to effectuate a sale of the properties to the applicants. TIME FRAME FOR IMPLEMENTING CONDITION NO. 35.1.a This office was asked to address the question of what time frames may be explicitly or implicitly set forth in the conditions of approval relating to when Condition No. 35.1.a should be implemented or completed. The conditions of approval do not appear to explicitly impose any particular deadline upon the applicant' s compliance with Condition No. 35 . 1.a. Based upon the wording of Condition No. 4.1, we believe that it may be reasonable to require implementation of Condition 1 Internal Operations Committee April 13 , 1992 2 No. 35. 1.a before the landfill is opened for receipt of waste. Condition of Approval No. 4. 1 reads as follows: 114. 1 Validity Period. The Landfill developer shall install prerequisite improvements and open the Landfill for receiving refuse within three years of the final approval of the project' s Solid Waste Facilities Permit. This validity period shall be -tolled while any appeal filed by parties other than the Landfill developer is pending. The Landfill developer may request from the Director of Community Development one or more one-year -extensions of the Land Use Permit. If the Land Use Permit is not implemented within the specified time, it shall become null and void. The Director of Community Development may allow each one-year extension if the Director finds that there are changed circumstances which warrant the consideration of changes to the Conditions of Approval." Specifically, Condition No. 4.1 requires the applicant to "install prerequisite improvements" and open the landfill within three years of the final approval of the project' s Solid Waste Facilities Permit. Compliance with Condition No. 35.1.a does not entail the installation of an improvement. However, based upon the lack of any other specified time period for compliance with Condition No. 35. 1.a, we believe that it would be reasonable for the Board to require compliance with Condition No. 35.1.a within the same period set forth in Condition No. 4.1 - within three years of obtaining the Solid Waste Facilities Permit or the opening of the landfill for the receipt of waste. We are aware that the Internal Operations Committee members have expressed the sentiment that the above-discussed three years' time period may be undesirable, and that a shorter time period would be preferred. A shorter period does not appear to be clearly prohibited by the conditions of approval. However, in order for such shorter period to be reasonable and legally defensible, the time frame for compliance must still commence after the Solid Waste Facilities Permit is obtained, and after all non-applicant appeals are concluded. CONDEMNATION AS ALTERNATIVE Some of the property owners have asked the Board to consider condemning their 'properties as an alternative to compliance with Condition No. 35.1.a. As previously noted by this office, such a change in the condition would require compliance with all applicable procedural requirements as well as the applicant' s consent. Even if the Board had originally considered requiring that the subject properties' be condemned, . such a requirement would have been l Internal Operations Committee April 13 , 1992 3 of doubtful legality. One of the fundamental principals of condemnation is that the object property be acquired for a necessary public use. The properties in question are not required for a public use, and are not even required for the project. If challenged, we do not believe that such a condition would have been upheld. On the other hand, if the parties are now able to reach agreement whereby the applicant would acquire the neighboring property owners ' properties in a procedure similar to or based upon the procedure for acquiring property by way of condemnation, and there are no other objections to this alternate procedure, we see no reason why the parties may not proceed in this fashion. MEETING WITH PROPERTY OWNERS FOLLOWING MARCH 9, 1992 INTERNAL OPERATIONS COMMITTEE MEETING The involved property owners have in the past asserted that the transcript or tape from the Board's March 20, 1990 hearing will show that Condition No. 35. 1.a does not accurately reflect the action taken by the Board on March 20, 1990. This assertion was again made during the Internal Operations Committee' s March 9 , 1992 meeting. After the conclusion of the Internal Operations Committee' s consideration of Marsh Canyon Landfill Condition No 35.1.a on March 9 , 1992 , this Deputy met briefly with Mr. and Mrs. Schiff and Mrs. Vieville to provide them with the opportunity to indicate the source of their belief that Condition No. 35. 1.a does not accurately reflect the Board' s action on March 20,, 1990 with respect to the Marsh Canyon land use permit. At that time, the Schiff s were not able to immediately locate the testimony in the transcript of the March_ 20 , 1990 hearing that supported their views. At the conclusion of the meeting, both the Schiffs and Mrs. Vieville were invited to submit, at any time, copies of transcripts or other information which they believe support their views. APRIL 10, 1992 MEETING WITH MR. AND MRS. VIEVILLE - CONDITION NO. 36. 3 On April 10,' 1992, this deputy met with Mr. and Mrs. Vieville, at which meeting the Vievilles provided this deputy with a memorandum the Vievilles intended to submit to the Committee at the April 13 , 1992 meeting. It appears that the Vievilles' primary concern is with the wording of Condition No. 36. 3 and not Condition No.35.1.a. Condition No. 36.3 reads as follows: " . 3 Property Value Compensation Program. The Landfill operator shall provide funding for the preparation of .a property value compensation program study when requested by the County of Internal Operations Committee April 13 , 1992 4 Contra Costa. The study will address the means of determining the extent" of property value losses or reductions attributable to Landfill impacts, such as aesthetics, noise, traffic, or pollution, and the means for compensating property owners for said losses or reductions. When a compensation program is adopted by the Board of Supervisors, the Landfill developer shall fund it in the manner specified by the Board. If the Board of Supervisors determines that progress on the implementation of a compensation program is not proceeding in a timely manner, the Board may require the use of a facilitator and/or an arbitrator. The fee shall be considered a pass-through business cost for the purposes of rate setting." The Vievilles believe that this condition, as finally adopted by the Board, does not accurately reflect the Board' s intent, as such intent was expressed at the Board's March 20 , 1990 meeting. Upon reviewing the information provided by the Vievilles as well as the official record of the proceedings, we believe that the misunder- standing was caused by erroneous assumptions concerning documents before the Board on March 20, 1990. At the March 20 hearing, the Board had before it, a document referred to as "Exhibit B. " The content of the document that the Vievilles believed was Exhibit B was very similar, but not identical to the contents of the Exhibit B that was actually before the Board. Attached is a copy of the Exhibit B before the Board on March 20 , 1990 , which was adopted by the Board as additional conditions of approval. The conditions in Exhibit B were included in the Conditions of Approval as Condition No. ,36 . The Vievilles also believe that the second to the last sentence of Condition No. 36.3 does not accurately state the Board' s intent, in that the Board intended to have an arbitrator or facilitator for negotiations with the property owners, and that such intent is not expressly reflected in the condition. Upon reviewing the subject language of the condition and the transcript of the Board hearing, we believe that the language of the condition of approval accurately reflects the Board' s decision on the matter on March 20. Attach: Exhibit B a: \condition ' EX4IB11 B J�� - ' CONTRA COSTA COUNTY 2 . S COMMUNITY DEVELOPMENT DEPARTMENT 'V,2 1+ TO:. Board of Supervisors DATE: March 16, 1990 e FILE: r , FROM: Harvey E. Bragdon, Director of Community Development By: Charles A. Zahn, Assistant Director S+ -SUBJECT; Special Land Use Permit Conditions of Approval 1 In its action stating its intent to approve Land Use Permit 2010-90 for the Marsh Canyon Sanitary Landfill, the Board of Supervisors on March 13, 1990, also stated - its intent to include several special conditions of approval. These special conditions were expressed in general terms. Staff has drafted specific language for all but one of the conditions and provided it below. No specific text was prepared for the proposal to establish a 30-year $2.00 per R' ton fee for an East County host mitigation fee (subsequently, to drop to $1.00 per ton), because the Board indicated this would be considered at a later time in connection with a franchise or an agreement. u�r r� If the Board of Supervisors wishes to adopt these special conditions in the ' € drafted form, or with modifications, the motion should include them with the regular conditions of approval. "-' The special conditions are: Transportation System Impact Fee: The Landfill operator shall pay to the County of Contra Costa a Transportation Impact Fee of $2.00 per ton of waste received at the Landfill to mitigate the general impacts of the Landfill-generated traffic on the County's road system. The operator shall deposit the fee monies quarterly in a segregated account established by the ^r County. The fee shall be considered to be a pass-through business cost for N the purposes of rate setting. ` ' 2. Open Space and Agricultural Preservation Fee. The Landfill operator shall pay to the County of Contra Costa an Open Space and Agricultural Preserva- tion Fee of $2.00 per ton on solid wastes received at the Landfill to mitigate the general impacts of the Landfill on open space, existing and proposed recreational facilities, and agriculture. The operator shall de sit .the fee monies po quarterly in a segregated account established by the County. The fee. shall be considered to be epees-through business cost for k ' the purposes of rate setting. r ru t' k tb d x ' t 2. ,Y 3. Property Value Compensation Program. The Landfill operator shall provide funding for the preparation of a property value compensation program study when requested by the County of Contra Costa. The study will address the means of determining the extent of property value losses or reductions attributable to Landfill impacts, such as aesthetics, noise,traffic, or ' pollution, and the means of compensating property owners for said losses or reductions. When a compensation program is adopted by the Board of Super- '''i visors, the Landfill developer shall fund it in the manner specified b P P Y the Board. The fee shall be considered to be a pass-through business cost for IN .. the purposes of rate setting. g 4. Resource Recovery Program Fee. The Landfill developer or operator shall pay to the County of Contra Costa a resource recovery program fee of $200,000 annually, beginning April 1, 1990. The developer or operator shall deposit the monies in a segregated account established by the County. The extent of the fee shall be subject to reconsideration when a franchise or agreement is established for the Landfill. The resource recovery pro- gram fee from its inception shall be a pass-through business cost for the purposes of rate setting. S. Violation of Prescribed Haul Route. Upon a determination by the County that a user of the Landfill has violated Condition of Approval Section 29 by using a prohibited access route, and upon a written direction by the County, the Landfill operator shall impose on that user the sanction that is directed by the County. Such sanction may include a surcharge on the tipping fee, prohibition against accepting waste from that user for a designated period of time, or other sanction directed by the County. :r. CAZ/jn 181:bos.mem 1 Y k 1 8697 Date : April 7, 1990 To: Internal Operations Committee- Supervisors McPeak and Schroder. From: Christian P. Vieville 15675 Marsh Creek Road, Clayton CA 94517 Re: Marsh-Canyon Landfill condition of approval 35.La and 36 (LUP 2010-90) April 7, 1992 The list of documents used for this review is • The reporter's transcript ofproceedings ofthe meting of the Board ofSbperwsors held March 20, 1990 • The faxed copy of thee�aeric landAU mitigation list for Supermor Tom Torlakson sent to Christian Vieville on March 14, 1990. • The memo from County Counsel's Office dated March 6, 1992 from Lillian T. FuUi to the Internal Operations Committee. . Bgckground: The reporter's transcript ofproceedmgs of the meeting of the Board of Supervisors consists of 128 pages covering two items on the Supervisors agenda: Item Sl: Requested the County Administration to report to the Board on the D. B. Flett water study for the Clayton Regency Mobile Home Park. Recorded in the pages 1 through S4. T.4. Considers approval of Marsh Canyon landfill and use permit and related documents. Recorded in the pages 54 through 128, The debate on Item S.1 was a lively display of emotions with reference to relocation cost and affected parties by'Chairperson Fanden:" The relocation cost—and this is Corinne H&We—is not in there, ?here's 1.40 acres of homes right across the street from the landAU site. And the cost of buying those,people out and relocating is not even put in the cost analysis."(lines 13 through 17 page 46)and Supervisor Torlaskson:" Nancy, we know that--the Board voted, the majority-voted for Anv lanAll site, a value maFensation,.program We Arnow that ifyou have eight homes or seven it's difierent than having two or three thousand homes Me you have on the other site."(Lines 21 through 25 page 46). Discussion: I will be referring to.the transcript of the debate on T.4(pages 54 through 128) . It is assumed that a mention to Waste Management is a reference to Marsh Canyon while a reference to B.F.I is a reference to Keller Canyon also that a reference to the "site" or"landfill" means "Marsh Canyon" since the discussion is about the L.U. Pfor Marsh Canyon. Pages 54 through 69 records various discussions concerning a procedural matter, reference to a change to condition 17.18 concerning "the proposed rewording for the subdrain".(line 24, page 58).availability of soil to be used for cover, argument concerning who wrote the findings and various lively exchanges between Supervisors. There is also a significant disclosure: "Who wrote these. findings, do you know?Did the staff write the$ndings? MR. ZAFIN.•Staffrewowed the findings which were provided. CUURPERSONFABDEN.•But who wrote them? Ihat's not my question. Who wrote,the findings? MR ZAMV.As is typical, the applicant provided draft findings. CsK D?PERSON FAFIDEN.•So who's;the applicant m this case?Did Mt: Skaggs-- MR ZAIVN.• Waste Management." Pages 70 through 98 records the formulation of the motion to approve the L.U.P and the approval of the motion. Throughout the discussion there are 22 references to Marsh.Canyon and 6 to Keller-Canyon, one cannot consider the discussion as general and has to conclude that the whole subject debate was about Marsh Canyon and related issues to that particular landfill. During the discussion there were references made to exhibit B by several individuals: Tom Torlakson:"I helped—I wrote basically most of the conditions m exhibit B, Page 2, N=&,r 3. And I did propose and the majority of this board did support a value con4vnsa tion program And it says, "When a compensation program is adopted by the Board of Supervisors the landfill developer shall fund in.the manner speciSed by the Board.".(page 72 ,line 7 through 13). "And I again think this is very in7portant: .HC-adopted this as generic language to apply to all landfill sites because of the serious concern we have about wor]dng witb property ownres to be able to mitigate any value igmct."(page 72 dine 25 ,page 73 line lthrough 4). "I do flunk that we want to say that as an addition to that condition that an arbitrator ficilitator can be required by the County if the progress in the discussions does notproceed satisfictorily, so that therecould be some,you]mow, mechanism That's one ofthe things that Corinne and Chris zwntioned this morning, that we could require that if we felt that the process was breaking down and not wprA ng the way we designed it"(page 74 line 13 through-21). Chuck Zahn: "--there is the Special Condition Number 3, which is the property value compensation program That's Exhibit B. And that is one of the several special conditions that Supervisor Torlakson recommend. And should it be your Board's pleasure, those conditions,,special conditions should be added to the regular conditions ofapproval."..(page 76, line 4 through 11). Tom Torlakson: "and I would offer this to the Board, as an additron_to Exhibit B, Page 2—and this number S, and it's the section that says "violation ofprescribed haul route.".(page 79, line 11 through 14). Tom Torlakson: "It's Page 2 ofExhibit B. It's the second side of the conditions and it's Number S; Wolk tion of prescribed haul route."".(page 80, line 13 through 15). Tom Torlakson " I would then, if there aren't any, Madam Chair, nuke a_mollon to applbye Me land use concfrtion, cos here vsenled to us in exhibits A and B, to add die language that I've indicated under the value comption engram. diet an ai tWor could be reauimd by Nle Count(Eif needed under Exhibit B. Number 3.".(page 86, line 13 through 19). . Furthermore Tom Torlakson added to his motion item 17.18,regarding the subdrain(page 87, line 3 through 4). The motion was seconded by Tom Powers .(page 87, line 8). Page 87 through 98 immortalize a political recital from several supervisors on their concern about the people living around landfill and their intent to be sensitive to their problems. There was no change made to the motion proposed by Tom Torlakson and seconded by Tom Powers. My discussion establishes the presence of Exhibit B comprising of 5 Items . The memo from Tom Torlaskson faxed to Christian Vi6ville states: XALUE DESCRIPTION 771 'SPAN 1. $2.00/7on Mitigation for road impacts 30 years 2. $2.00174a Open space/parks/trails/Ag land life of the site Preservation Fund(To be supervised/ managed by the Board ofSuperwsors and to be utilized for both acquisition and maintemnce%pera t±on) Note:All$/ton figures to be updated annually with built-in CPI adjustments. I Development ofa value loss acquisition program for surrounding residences and/or businesses that are impacted by the landfill(i.e. truck traffic, noise, etc.)due to proximity to the landfill. Development ofa direct acquisition program with inclusion ofmoving costs for any residences or business which determined by the Zoning Administra for to be visually i Wacted. Both programs to be reviewed and approved of by the Board ofSupervisors. 4. $200,000 per year for recycling programs until the siteopens kir operation(at which time a bigber scale more permanent financing program would become effective through the Franchising fee). The fist payment would be made by April 15, 1990. If two permits are approved before April 15, the cost ofthe program would be shared equally. S. Strict controls on.the designated IandAU access routes--enfircemea LandSll operator stall be responsible for the payment ofa $20,000 fine for each verified incident ofdeviahon of designated routes. This money will be contributed to the road repair fund ofhost communityinrUgation fund; The operator shall be responsible.for coordinating with Public Works the cost and placemont of appropriate signage indicating the designated routes and forbidden access points to the landAU. The landfill operator shall install, at some point close to the entrance of the landfill, a video recorder capable ofrecordiag on a 24-hour basis any truck coming from the wrong direction to the site. The operator shall cooperate filly in the investigation ofany complaint; and will pay all costs incurred as. a result ofsuch investgadon." The following condition of approval 35.La has been concluded by the County Counsel to "accuratelysets forth the action-talon by the Board as to said condition". Memo from Lillian Fujii dated March 6, 1992. Condition 35.la reads as follows : " The applicant shall put firth a good faith effort to purchase the four existing properties directly across Marsh Creek Road.from.the project site. Agood faith e9ort shall be deemed to mean a bone Ede offer to purchase the properties for their fair market value, as such is determined in an appraisal prepares by qualified real estate appraiser acceptable to the County." Condition 36. Special conditions of approval read as.follows 1. Transportation System I npactFee. The landfill operator shall pay to the County of Contra Costs a Transportation Impact Fee of$2.00 per ton of waste received at the landfill to mitigate the general impacts of the landkll generated traffic on the County's road system The operator shall deposit the fee zwnies quarterlyin segregated account established by the County. The fee shall be considered to be a pass-through business cost for the,purpose ofrate setting. 2. Open Space and Agricultural Preservation Fee. The landfill operator shallpay to the County of Contra Costa an Open Space and Agricultural Preservation Fee of.$2.00 penton,on solid wastes received at the landfill to mitigate the general impacts of the IandfiU on open space, existing and proposed recreational facilities, and agriculture. The operator shall deposit the fee t �Y agonies quarterly in segregated account established by the County. The fee shall be considered to be a pass-through business for the purpose a rate setting. 3. Property Value Compensation Program The Landfill operator shall provide funding for the preparation ofa property value compensation program study requested by County of Contra Costa. The study will address the mans of determining the extend of the property value losses or reductions attributable to the Landfill impacts, such as aesthetics, noise, traffic, or pollution, and the means ofcon pensating property owners for said losses or reductions. When a compensation program is adopted by the Board of Supervisors, the landfill developer shall fund it in the manner specified by the Board. If the Board of Supervisors determines that progress on the inplementation is notprocessing in a tunely manner, the Board may require the use ofa &cilitator and/or an arbitrator. The fee shall be considered to be a pass through business cost for the purpose ofrate setting. 4. Resource Recovery Program Fee. 7be landfill developer or operator shall pay to the County of Contra Costa a resource recovery program fee of$200,000 annually, beginning April 1,1990 The developer or operator shall deposit the monies in a segregated account established by the County. The extend of the fee shall be subject to reconsideration when a franchise or agreement is established for the landfill. The resource recoveryprogram tee from its inception shall be a pass-through business cost for the purposes ofrate setting. S. Kola tion ofPrescribed Haul Route. Upon a determination by the County that a user of the landfill has violated Condition ofApproval Section 29 by using a prohibited access route, and upon a written direction by the County, the landfill operator shall irrlpose on that user the sanction that is directed by the County. Such.sanction may include a surcharge on the tipping fee,prohibition against accepting waste from tha t user for a designa ted period a time, revocation of the County refuse hauling license, or other sanction directed by the County,A system for reporting alleged violations and for the monitoring enforcement data shall be esta blished by the County and the La adfdl opera tor. The comparison each item of the memo from Tom Torlakson to each item of condition 36 shows their similarity in content except for the portion mentioning "direct acquisition program with inclusion ofnovin costs"(item.3). In the memo for Lillian Fu11i there appears to be a discrepancy in the interpretation of condition 36 item 3 and the spirit of the discussion on the use of an arbitrator. The arbitrator is intended to be use to facilitate the negotiations with the property owners not the progress of the property value compensation study. Conchusiow: 16 conclusion, the conditions 35.la and 36(item 3)are not mutually exclusive but are complementary in defining the mitigation measures for compensation to the owners of the four properties already identified to be directly impacted. The condition 36(item 3) does not accurately represent the generic mitigation list put forth in the motion by Tom Torlakson(inclusion of moving costs). The third party arbitrator is to be used if. no agreement can be reach in the negotiation between the property owners and the landfill proponent. til �A_ 11111111111i�Q Waste Management of North America,Inc. Western Region-Contra Costa County Landfill Project 1801 Oakland Boulevard•Suite 250 Walnut Creek, California 94596•(510) 256-0155 HAND DELIVERED March 31 , 1992 .''.; Charles Zahn, Assistant Director Community Development Department ` Contra Costa County ' 651. Pine Street, North Wing Martinez, California 94553 Dear Mr. Zahn: Waste Management - is pleased toforward the appraisals of the ' Schiff, Burks and .Kymco properties. These appraisals have been -prepared by. Hector LeslieandAssociates; the firm selected by the :' property -owners from the County-approved list. A copy of the appraisal has been forwarded to the property owners and to Supervisors McPeak and Schroder, the Internal Operations Committee of the Board of Supervisors. If you have questions, please feel free to call me. Sincerely, WASTE MANAGEMENT. OF NORTH AMERICA, INC. Mary .L. L cas, Assistant.'Project Manager Marsh Canyon Landfill Project cc: Frederick and Paula Schiff (with enclosures) Frederick and Pauline Burks (with enclosures) Kymco, Inc. (with enclosures) Supervisor Sunne McPeak (with enclosures) Supervisor Robert Schroder- (with enclosures) . John F. Rowden (w/o enclosures) Sanford M. Skaggs, Esq. (with enclosures) a • 4� .. . f :� ) .5� til"lc •'1( } rti,`� lit l:.i'..,� a•t, ;.e'li`I)t p.'""I". 1�, t'.• 7 C'Y f i ,.C+t.,t fi ,'{i } yi ..7t y.,,, t,.t ..a r 1, ,,,J.•, :, r ta.� 4,. ,Y., ri', ti. .S a "ir,Su •1:1 ,i1. >..W. '4a,e .,,7:,,'• .J.� +t ,>M''i, 5 p fi•'i !, +.r.�'t i + f u., t.r'. 3> ra , 2.. o._ w , S" r. ,r x t, : tt rk: .:E fl y:r' c ryiJ t L'i .:P Ftt, .{. :i., 5,y•; .t, a,, .«{ vJf r p Y. '8t +,tfil' z>s f(1 :v{,•z v7 r,r4 -a S v t; e n 4, i r s a ..,t k '•tl yv L { p :a4'c. "b , +rt.,t. t s{' ,s? 4 n it` y s,4:) :5 -. U ,� •rit.t Yy...tl..tf t,t L ''�. :='t6c�l ,M•�'. V::g- !!.4 9.��},,.4fyJl..f{'. ,t;1 St<'1E,Nt�. 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Jf t� ' '.a' FREDERICK ,AND'<<PAULA+�SCH�Irri"11`_ti Z a1. 0 S, 'A T t.: ';c�, .+t ,�t r� .lj�{, kt"Nc ,e .,w. ;;a. + `rtt' .,�' #f+T'tr. .�J = l ';:i �l' Zr7r=''`: .4 .•;t r ,� '! �#p�; wr,t ti a �t�yr {r. t It.n �4, Sr yj fi a yt :ti bt:4 y ",. t�e�, (: f ,1,. �[jhr � ., y1 ,[,156'3,5.{ MARSH CREEK xROAD , t p t 'n.� t t ,. h. yf Y f 1+ , L S 7, q:``{k,: 1,,'1 }n: .5,1 •Rro Elv'o; "i:5n i •1'.L.�t ,t .•_.. ,ty:.,J. f4 4 ;'1''',,, 9 y IJJ7>t' .f' ,w �1 y.,. 1..4,, fi. { ty .', �3:'ra .. ,, .ti" .[ '( may!.{, ;i {'� .tS '' -s ,(L Jr?%'j:, t :fr %M '{ti, :Jt'3. t '. ,S, ,,1�,:1. g,.r< 7•„ <t {' .'S� +,�', .. :{tt. 1,� �,r/. 'Ai,g^ • s..sl.. -;,,.. ,�'!',rl r't: ,t.�Tt:: '.,� 'f .K a4:" r i. V"1�,1'l I4�' P1..1 ,� ?Y-{. ,"•Y y.f<(, .,a? V s yy &. ? y �;$t .US t4�q 4 a �, a"l.t'<. �. � 7tb t�A ;r, F?6CY is ty"?� (,Fyi !" ,,,1j� Fr :?: st ,� ?! ss:y A s-".; ,• r `'i;,A".J:y'„t'ib",f }1.i,'}tr�,. t Ya ".iF' r ":, ) ui!, .S`t {• 4 'eq. d,� fa7; �'1, `{.t•. �' " '+'j rl a�<�� Py t, {'� `( f - !{ ., ` �) IA?, it .`� ,.} it Tsfi tAY; '`L71\DI' y�lY+ F'^' ,sR'.r. Yly lrkA asn l �' ," R 5� ) 4 r FREDERICK,s•:.. PAULI .;1 • t B.URKS F r �. t tit 't, '? , J'�p ffe ':i, a +r�,..:� 3 nt aia' i,� L ..fib ¢ ` *6' 'r S �,. 4t t3' a �„r !.i :# S 4 l � �, o, ,y ,( .} �. ,.�. " �xl'559.,5r MARSH t=CREEK;'t ROAD.ra��� � ��im;tt :�}� }f�. � d 'aa�� .ry. ,ts •'G't.r�t' °,'�' ;�,•,,yfr(t�•.,t,,..�'y.. +pt :r.. .4. *• 1. :-l.,o .;,., ;;^'�. .x� .j,k yr + ia <f.: ,,; Y, 7 �p ',:.. Y' �'. ;,s ar+ .H' }.•. ? �1i� -11t. { 3 u } { $Y7�f i b � a {§� st e t k f: yly; 1t t r J5 z' i ; {: t {•s r' p, .w'�, d f ver{•. r A R: :�y � ttIN ,lr., bEt t:G fi�Y ,r t„ 1� t�:�,41 'q e.K ��t�i � � .' 3��,��r. hr �.C�{{ly�$?'�t s �5r,r � '.� Y ,�� s a { �.. d,r" n n A dh f,: n . i, f 'Y, S4 t q ' YF 'r, „�.°- a Ct �', S••' i,.!, -a I #6 g,}• v s.. k , t.. ` ...,?t kc y,S r.� f o . 5q f z, M tr },::A'; �.Cl'� 2,' .'j 'r.'R :C.' •"{p 'k 'v. � i1,S?1f d-.t t�,l, ;1, ,.) p ,. a :rto' >' i it l f,f,� .�',- t�rs>'r +,Jj�:.' f: { ° HECTOR LESLIE AND ASSOCIATES REAL.ESTATE APPRAISERS AND CONSULTANTS 1515 OAKLAND BLVD.. SUITE 20A.WALNUT CREEK, CA 94596 a 1415) 932-8862 t March 231 1992 Ms. Mary L.. Lucas Assistant, Project Manager_ Marsh Canyon Landfill Project ....1801 Oakland Blvd. , Suite 250 Walnut :Creek,, CA 94596 tt ' Re: .. Three Parcels, Marsh Creek Road Brentwood, . California Dear Ms. Lucas: In accordance with my -contract, I am submitting three copies of my appraisal report covering the above referenced properties . Property location and description, together with the definitions of fair market value and a statement of limiting conditions, are set forth elsewhere in this report. - MY Y g analysis leading to an estimate of fair market value for the subject properties is based upon several physical inspections of the parcels under. appraisement. The subject area was researched to ascertain the extent of. market transactions similar in character to the subject properties. These transactions were analyzed and, based upon this analysis, the market value of the subject parcels was estimated. Value Estimate Based upon the facts and factors contained herein and the analysis of P Y all the data which has been considered . in connection with the appraisal, it' is my opinion that the value of the rights to be acquired, for the subject properties, are summarized on the following page. Thank you for the opportunity to work with you and your office on this assignment. Sincerely, _ R HECTOR R. LESLIE, MAI MAR 3 1 1��L L - y Appraisal of Three Parcels , Marsh C'reek Road, Brentwood, California VALUATION SUMMARY Owner Appraised Value Frederick .& Paula. Schiff $425,000 Frederick &. Pauline Burks - $625,000'. . Kymco $300;000 G j HECTOR LESLIE AND ASSOCIATES WALNUT CREEK. CALIFORNIA TABLE OF CONTENTS Letter of. Transmittal IF I. Nature of the Assignment 1 II. Assumptions and Limiting .Conditions 6 III Area Data 9 IV. Methodology 10 Y V. Market Sales Discussion 13 Certification Individual Parcel Sections Tab. Schiff . Tab. Burks Tab. Kymco Addenda Appraiser's Resume of Qualifications HECTOR LESLIE AND ASSOCIATES WALNUT CREEK. CALIFORNIA Appraisal .of Three Parcels, Marsh Creek Road, Brentwood, California I. NATURE OF •THE -ASSIGNMENT A• Purpose of 'the Appra.Lsal , The purpose of this appraisal is to estimate the., fair,, market value of the . subject properties. B.' Definitions 1 Market Value BAJI 11.73 Fair-market value -is defined as the:,:highest. price in terms of money for which the subject property: w - ould have sold :6n the open market-, on the dateof valuation; the seller having reasonable time within which to :sell, - and being-.willing to sell but not forced to do. so, the buyer being ready,' willing, and , able to buy., but not forced ` to do` so, and' having. a reasonable time. and, full opportunity to investigate the . _property in question and, to. determine ••its condition,. . ;= suitability for use, and. all of the things about .: the property that would naturallyand .,reasonably, affect -its market value. r The. property must: be valued with•.reference to all the uses and purposes for which, it is adaptable and., .available, including -. its '.highest and best use. This definition, of -fair. . market..: value. Pr. esuPPoses that both Parties are familiar with f theproperty and all . of its present HECTOR LESLIE AND,.ASSOCIATES WALNUT CREEK, CALIFORNIA Appraisal of .Three Parcels, Marsh Creek Road, Brentwood, California adaptabilities and uses, and those uses which would. be .reasonably probable in the near future. 2. Severance Damages BAJI 11. 85 Where the property sought to be acquired constitutes only a part of a larger parcel of property, in addition to the market value of the parcel taken, the defendant is entitled to recover severance . damages in an amount, if any, the market value of the remaining property is depreciated -by reason of the severance of the part taken or by the construction of the improvements in the manner proposed by the plaintiff, or by both. Severance damages, like fair market value, must be determined from the opinions of witnesses. In the determination of severance damages, you should not consider the effect of any special E` benefits, since special benefits, if any, must be determined separately. For the purpose of determining the value of the remainder in its condition after the taking, it must be assumed that the improvements have been f 2 HECTOR LESLIE AND ASSOCIATES WALNUT CREEK, CALIFORNIA C Appraisal of Three Parcels, Marsh Creek Road, Brentwood, California s completed in the manner proposed by the plaintiff. BAJI 11. 86 In assessing the damage, if any, which may accrue ;y to the defendant's remaining property by reason of the taking .and the construction of the proposed improvement•, you must not consider anything. as tending to depreciate. such market value which is uncertain, remote, speculative, or imaginary. The damage for which compensation is . to be made is a damage . to the. property itself, and does not include a mere infringement of the owner's personal pleasure or enjoyment. Merely rendering private property less desirable for certain purposes, or even causing - personal 4nnoyance or discomfort in its use does not constitute the damage contemplated by law, but the property itself must suffer some diminution in substance or be rendered intrinsically less valuable by reason of the .public w3e. 3. Special Benefits BAJh 11 .95 One of the issues in this action ' for your determination is how , much, if any, the defendant's remaining property will be 3 HECTOR LESLIE AND. ASSOCIATES WALNUT CREEK. CALIFORNIA ' Appraisal of ,Three Parcels, Marsh Creek Road, Brentwood, California specifically benefitted . by the construction of the proposed public improvement. - In determining .the value of the benefits, if any, to defendant's remaining property, you should consider only -';the special benefits to such ro ert . . P P y• Special benefits are advantages to the remaining property that are reasonably certain to result from the construction of the improvement in accordance with the proposed plan, and which are . P P IF peculiar to the land in question as contrasted to general benefits which result from advantages that will accrue to the community from the improvement. A benefit may be special, not general, even though it accrues to other property in addition 'to that of the defendant. C. Property Rights Appraised ... This is a valuation of the fee simple interest in the properties appraised. It . does- not consider any . mortgages, liens, or other encumbrances excepting 1..; rar those that are specifically discussed in the report. D. Scope of the Appraisal. The scope of this appraisal follows traditional { appraisal procedures. Firstly, sales, improved and 4 HECTOR LESLIE AND ASSOCIATES WALNUT CREEK, CALIFORNIA Appraisal of Three Parcels, Marsh Creek Road,, Brentwood, California , undeveloped, are researched. These sales, represent data within a reasonable .distance from the subject . . 7 area. All of the sales are '.then field inspected to ascertain comparability . to the subject. Based upon the field review, _, certain sales are retained whereas .. r= f other .sales are discarded:- Based upon ,this analysis, a market data approach - is made. } „HECTOR ,LESLIE AND.ASSOCIATES WALNUT CREEK. CALIFORNIA Appraisal of ,Three Parcels, Marsh Creek Road, Brentwood, California II. ASSUMPTIONS AND .LIMITING CONDITIONS The • following •.assumptions and limiting conditions are .inherent. in� the analysis and conclusions herein. A. Plot plans and maps are included to assist the reader in visualizing the properties Preparation was based upon available data that appeared to be reasonably correct. B. Lnformation in this report has been carefullychecked and is believed to be correct. In the event that any in or inconsistencies occur,- the appraiser reserves the right to review his final value. -conclusion. - C. No responsibility is assumed for legal matters. It is presupposed that titles to the properties are marketable and that they are free and clear of all liens and encumbrances unless otherwise specified in the body of this report. D. This a raisa pp 1 and the information contained herein remain the sole property of the undersigned and . is prepared for the exclusiveuse of the client 11 addressee. In no event shall this appraisal be duplicated for distribution to other parties without the express written consent of the appraiser. The duplication of this appraisal for internal purposes I 6 HECTOR LESLIE AND ASSOCIATES WALNUT CREEK, CALIFORNIA Appraisal of Three Parcels , Marsh Creek Road, Brentwood,: California and distribution to officers of .-the-client addressee, its ':attorney or ,loan correspondent, is specifically excluded from the foregoing restriction: E. The'- fee paid;..for. this 'appraisal —,. is in no - way. : contingent upon .the., final value 'conclusion and . the appraiser states- that he had no:".direct, or", indirect interest in .the subject-properties. F Parcel area , calculations. .are based upon the _Contra, Costa CountyAssessor's records; as to the size of the subject parcels G. � Disclosure of the.contents- of this appraisal report 'is :governed by the bylaws and. regulations of the American Institute- of Real estate Appraisers, of the _ National Association of :Realtors. R. Neither all nor - any part,,:of "the contents.. of'- this 1`fj( report (especially any conclusions „as, to value; the identity of the appraiser or the firm with which he is connected,.. or any reference to the American Institute of Real Estate , Appraisers :or to the M.A.I. or R.M« designation). shall :be disseminated : tothe, public, :. through advertising '.:media, public relations media, news media,, sales media- or any other public means of communication-'without the prior written consent 'and approval of the undersigned.: ' HECTOR LESLIE AND ASSOCIATES WALNUT CREEK, CALIFORNIA Appraisal of Three Parcels Marsh Creek Road Brentwood California Z. Legal descriptions or .title reports for the subject parcels under appraisal were not furnished by the client. J. Unless otherwise stated in this report, the existence of hazardous substances; including without limitation asbestos, polychlorinated biphenyls, petroleum leakage, or. agricultural chemicals,. which may or may not be present on the properties, or other environmental conditions, were not called to the attention of nor did the appraiser become aware of such during the appraiser's inspection. The appraiser has no knowledge of the existence of such materials on or in the properties unless otherwise stated. The appraiser, however, is not qualified to test such substances, such as asbestos, urea formaldehyde, foam insulation, or other hazardous substances or environmental conditions, which may affect the value of the properties. The value estimated is predicated on the assumptions that there is no such condition on or in the properties or in such proximity thereto that it would cause a loss in value. No responsibility is assumed for any such conditions, nor for any expertise or engineering knowledge required to discover them. � . The client is urged to retain an expert in the field of environmental impacts upon real estate if so desired. i8 HECTOR LESLIE AND ASSOCIATES WALNUT CREEK. CALIFORNIA Appraisal of Three Parcels, Marsh Creek Road, Brentwood, California III. AREA 'DATA. _..:. The subject area is considered to be the acreage easterly of Clayton and extending to Byron. .'; Primary arterials are Marsh Creek Road (a major east-west arterial) , Morgan Territory Road, Vasco Road, and Deer. Valle Road. The interspersing lands are rural in Y P g character- and where - development has taken place the _development is in the form of ranchettes. The majority of development is of a sufficient size to accommodate a horse arrangement or privacy. Collectively, ' . the area is attractive as to scenic attributes such as. rolling to steep acreage with tree cover .. in selected areas. r Vasco Road-is a major north-south arterial linking Marsh Creek Road with Livermore. Deer Valley - Road is also a north-south -arterial that. I connects with Antioch via, :Lone Tree Way. 9 HECTOR LESLIE AND ASSOCIATES WALNUT CREEK, CALIFORNIA 'Appraisal of "Three. Parcels, Marsh Creek Road, Brentwood, California IV. METHODOLOGY There' are three commonly. accepted methods of estimating the value of real property--the Replacement .Cost Approach, the Market Data. (Comparison) Approach, and the Income Approach. Generally., a value is estimated 'under each approach and the three indications of value are then correlated to arrive at the final value conclusion. However,: it should be noted that in some instances only one ortwo of . the approaches are .applicable. Each -of the three approaches is explained below, as well as reasons for their inclusion or exclusion. A.. Cost Approach The Cost Approach involves an estimate of the land value of the property under appraisement as if vacant. To this is added the depreciated value of the improvements. Replacement cost is- the current cost of constructing an improvement having equivalent utility to 'that- of the subject. Depreciation is the loss in } value of the subject improvements resulting from physical deterioration (wearing away of the physical asset) , as . well as both functional and economic obsolescence. To some .extent. all of these factors gradually contribute to loss in value of the fimprovements over a period of time. The Cost Approach t" is most applicable to new or special purpose properties . In .older properties, it is extremely 10 HECTOR LESLIE AND ASSOCIATES WALNUT CREEK, CALIFORNIA Appraisal of Three 'Parcels, Marsh-.Creek Road, Brentwood California ,,"'.' difficult to -accurately , estimate ' depreciation, and = .this >process involves,-. a, great deal of'. subjective c.j udgment. r, 'A Market Data `Approach ' ln,.;the .Market :Data' Approach, the subject- property is. F -Coin ared- with similar properties that' have recently ' sold, or are c.ur:rently available for sale. : ' . Adjustments' are-. made, for major points r�:of " differences such as -location, size, amenities;, age, quality and condition of improvements, desirability, ; income •potential,. , -and- the like. , > : Various methods, of comparison . Include,-!,. but are not limited to, the. overall sales price. per unit, salesprice peri"squa re foot of net ,rentable area,, . and_ the -gross--in come multiplier. On the. basis .of these. comparisons, an estimate of the market value`.- of 'the 'property, being appraised `is .reached.: C. Income Approach The ,Income . Approach,. is based on,' t:he : premise. that investment properties are normally ;sold in proportion,• to their ability to.* produce• a' competitive net income. The Income Approach involves- an analysis : :•of the ,property, in terms of its ability. to; provide', a'., net annual return on invested cap 'tal. . ° The estimated net annual . income is processed by: capitalizing t . at a . , , . rate appropriate; for that type of property at a I HECTOR LESLIE AND ASSOCIATES ;' WALNUT CREEK, CALIFORNIA Appraisal of •Three Parcels, Marsh Creek Road, Brentwood, California particular point in time. The capitalization rate is derived primarily from an analysis of the market, including comparable sales, the . current mortgage market, investor motivation, risk inherent to ownership. of the property, and rates of return being obtained ,for 'other_ real estate investments, as well as capital investments in. general. Comments The Market Data Approach as it applies to land value is the primary approach used in this report. � 12 HECTOR LESLIE AND ASSOCIATES WALNUT CREEK, CALIFORNIA r C • f Appraisal of_,Three Parcels, Marsh Creek Road, Brentwood, California V. Market. Sales Discussion = = The chart on the facingpage lists sales in the subject's P 9 7 area. Supplemental to the sales chart is general-= market data obtained from local realtors that deals with' current listings or parcels that are currently in ,escrow. -- All of .the above data is .considered in estimating a value for the subject properties. Certain of the selected data is allocated greater weight in arriving at a value conclusion. This data consists of -recorded sales which are factual transactions that reflect market considerations as Y expressed b buyer and seller. P Y Land. listings are also considered. However, what must be remembered when listings are considered is that the listing price has not been tested in the market. Generally speaking, listings represent the upper valuation range for a particular property. Options and parcels in escrow are also part of a valuation criteria. In these cases_ a market price has been reached, however, the sale has not been recorded and for many reasons may never be consummated. Each of the listed sales will be discussed together with other appropriate data. At the termination of this discussion a market range is set forth. When each of the subject properties are discussed, reference is made to the 13 HECTOR LESLIE AND ASSOCIATES WALNUT CREEK, CALIFORNIA Appraisal of Three Parcels , Marsh Creek Road, Brentwood, California market range and a fair market value for the subject set forth. Sales 1 and 2 : are both located on. Briones Valley Road. These were acreage sales. but sales that could be and were, subsequently subdivided (see following Sales 2b and 2c) . These sales are older ( 198.9 ) and reflect , P arcels with an unknown water source at the date of sale. Sales. 2b and 2a reflect the division of Sale 2. Both subdivided parcels sold in 1990 for $150,000 and $169,000, respectively. They are 5 and 6 acres in size. . Both have water in the form of. wells and easement access to Briones Valley Road. Sale 3 is the sales of a 5 acre parcel in a rural subdivision.. It has access to public water via Morgan Territory Road. The site is an .'attractive parcel that upslopes to the top of a knoll. Sale 4 is .the sale in December of 1990 of :`a 47-. 85 acre parcel for $27.51000, which has subsequently been subdivided into 10-acre parcels. One parcel is currently -in escrow at $190,000 . Parcels have well water and a road has been- graded from Deer Valley. to serve the subdivided parcels. Sale 5 was the sale in 1991 of a 20 . acre parcel with a modular dwelling. The purchase price, excluding the i 14 I HECTOR LESLIE AND ASSOCIATES WALNUT CREEK, CALIFORNIA Marsh Creek Road Brentwood CaliforniaAppraisal of Three Parcels, modular dwelling, was $230, 000. The site is attractive, comprising ridge slopes and buildable areas, and also has a well. Sale 6 was the sale of a 75.63 acre parcel for $400,000 in June of 1991 . It has the potential for subsequent subdivision and had wells on the parcel at the date of sale. Sales 7 and 8 represent two 5. 98 acre parcels that sold in Sa p t October ' 1991 and January 1992 for $160,000 and $157,000, respectively. Both have wells and easement access to Deer Valley Road. Transaction 9 as of March 1992 is in escrow. This is a 40 acre parcel with two wells selling for $256, 000. The following listings are noted: 22 acres - $245, 000 '` 22 acres $275, 000 40 acres -"$195, 000 The above parcels have wells and access by easement to Deer Valley Road. Transaction 9 is part of the subdivided area. Four parcels, each 40 acres in size with wells producing 50 to 70 gallons per minute, are located to the north of the 15 J HECTOR LESLIE AND ASSOCIATES WALNUT CREEK, CALIFORNIA Appraisal of Three Parcels, Marsh Creek Road, Brentwood, California subject parcels. The listing price is $329,000. Access is by easement from Briones Valley Road. The above represents the market data considered in valuing the subject parcels. All of the sales, escrow, or listing- parcels' istingparcels have a water source and either front on a major. roadway or have access to . such an arterial viaroadway easement: -16 �_ HECTOR LESLIE AND ASSOCIATES WALNUT CREEK. CALIFORNIA CERTIFICATION I hereby certify that to the best of my knowledge and belief : . The statements of fact contained in this report are true and correct. . The P ,reported analyses, opinions, and conclusions are P Y limited only by the reported assumptions and limiting conditions, and are my personal, unbiased, professional analyses, opinions, and conclusions. I have no present or prospective interest in the property that is the subject of this report, and have no personal interest or bias with respect to the parties involved. . My compensation is not contingent on an action or event resulting from the analyses, opinions, or conclusions in, or---the use of, this report. My analyses, opinions, and .conclusions were developed, and this report has been prepared, in conformity with the requirements of the Code ofProfessional Ethics and the Standards of Professional Practice of the American Institute of Real Estate Appraisers. The use of this report is subject to the requirements of the American Institute of Real Estate Appraisers relating to review by its duly authorized representatives. �_ HECTOR LESLIE AND ASSOCIATES WALNUT CREEK, CALIFORNIA . As of the date of this report, I, Hector R. Leslie,• have completed the requirements under the continuing education program of .the American Institute of Real Estate Appraisers. I have made a personal inspection of the property -that is, the subject of this report. wo No one provided significant professional assistance to the person signing this report. Respectfully submitted, HECTOR LESLIE AND ASSOCIATES Hector R. Leslie, M.A.I. t HECTOR LESLIE AND ASSOCIATES WALNUT CREEK, CALIFORNIA - i Appraisal of -Three Parcels, Marsh Creek Road, Brentwood, California i ASSESSOR'.S PARCEL -NO. 078-140-1771 PROPERTY ADDRESS: 15635 Marsh Creek Road, Brentwood OWNER: Frederick and Paula Schiff` DATE ACQUIRED:. . January 1990 ' RECORDED: BOOK: 15596 PAGE: 581 REVENUE STAMPS: - PURCHASE PRICE: $375,000 - - ASSESSED VALUATION: . LAND: ' $264, 828 - IMPROVEMENTS:- 117 ,671 TOTAL: $382,499 1990-91 TAX RATE: - TAXES: - CODE AREA: 58011 ZONING: A-2 HIGHEST AND BEST USE: See following remarks. INTERVIEWED: Rick Schiff, 2/26/92, at his property ESTIMATED FAIR MARKET VALUE: $425,000 IHECTOR LESLIE AND ASSOCIATES WALNUT CREEK. CALIFORNIA Appraisal of Three Parcels, Marsh Creek Road, Brentwood, California. .,, PROPERTY DATA A. Site Description The subject parcel is rectangularly shaped except for its. easterly line which conforms to Marsh Creek Road.. In the aggregate, the site is some 19.972 acres in size. Topography-wise, the site is diverse. Approximately 5 acres, 's the easterly one-quarter, contains the existing residence and is , fairly.- level' with .elevations of 420 to 430 feet along Marsh Creek Road. The higher elevations; about 450 feet, are found ° towards the northwest corner of the five acre parcel. ' The residual acreage, some 15 acres, is rectangular in shape and consists of a ride slope. - Elevations at the to '.,;I-of the parcel g P P are ..770 feet and at toe of slope are .430 to 440 feet. Apond is located along the 15 acre east line. The ridge .area is tree covered and provides views towards the north, northwest and' northeast. , : . B. Utilities Sewer: Septic system Power: P.G. & E. Water: Presently the water system consists of a pump and tank located outside of but adjacent to the property's north line. It is not a well but is referred to as a Spring Box. Water is collected by percolation or natural drainage. The original owner was contacted as to water availability. Apparently only one well was drilled that produced water at approximately 10 to 15 gallons per minute. This well was located on' the Vieville parcel. The well has since played out! Other wells were drilled but did not produce potable water. All parties in this area truck .in. water for domestic .use. =k G 1 i s HECTOR LESLIE AND ASSOCIATES WALNUT CREEK, CALIFORNIA ( Appraisal of Three Parcels, Marsh Creek Road, Brentwood, California IMPROVEMENT DESCRIPTION The subject property contains a one story, brick single family residence in average condition. It is a ranch style design consisting of 2,232 square feet. The house contains a concrete foundation (family room is concrete slab) , Spanish tile roof surface, galvanized sheetmetal gutters and downspouts,. and steel casement window frames. The single family residence contains a partial basement of approximately 2.80 square feet with, poured concrete . walls approximately. 7 feet in height. The front of .the home includes a ,9 foot wide porch overhang which includes the full length of the front entrances. The rear patio area is irregularly shaped .and contains approximately 700 square feet of aggregate patio. The exterior is painted brick and shows some minor signs of settling (cracks) : The interior of the improvement contains 7 rooms which include 3 bedrooms, a living room, dining - room, family room, . kitchen plus laundry area, and 2 bathrooms. The -kitchen contains parquet floors, brick and drywall walls, extensive wood cabinets, built-in 4 burner stove plus oven and Jenn-Aire stove, trash compactor, double. sink unit with garbage disposal, built-in dishwasher, fan plus hood, refrigerator, in-window air conditioner, tile countertops, incandescent light fixtures, and wallpaper. The adjacent laundry room has parquet floors, washer and dryer, older metal storage cabinets and wood cabinets,, single sink unit, built-in ironing board and tile countertop. Bathroom A contains a shower stall with resilient tile, linoleum floor, toilet, sink unit with tile countertop, older metal framed roll-out windows, medicine cabinet with mirror, and incandescent light fixtures . Bathroom-B contains wall to wall carpeting, toilet bowl, double sink unit with large ceramic the vanity, sunken tile shower with double showerhead and glass doors, laundry chute, built-in shelves, mirror, and wallpaper on ceiling and walls. The living room contains oak plank floors, drywall and brick walls, wood surfaced cathedral ceiling, and a raised hearth, ceramic tile, recirculating fireplace. The dining area is adjacent to the living room and combines the same general features with large pane glass windows and coverings. The three bedrooms contain wall to wall carpeting, metal framed roll- out windows, painted sheetrocked walls and ceilings, and spot lights attached to ceiling surfaces. The family room was a later add-on and contains a concrete slab floor, all brick interior walls, wall to wall carpeting, incandescent light fixtures, older metal framed roll-out windows, and rear yard exit door. LHECTOR LESLIE AND ASSOCIATES WALNUT CREEK, CALIFORNIA Appraisal of Three Parcels, Marsh Creek Road, Brentwood, California '.,., The heat is. furnished by a. forced air gas heater in the living room, family room, dining room, kitchen and laundry room. The two rear bedrooms, .,hallway and bathroom -are heated by means of a gas wall heater located in the hallway. ,The bathrooms contain .small electric bathroom heaters. Theelectric wiring is 110 with 220 available. According to the owner, the roof is approximately- 7 years old and the septic system was installed approximately 2 years ago. - The owner also stated that the } recent drought has resulted in •insufficxent water from the existing well.. , Local well drillers have quoted costs from $25,000 to $30,000 for a .deeper well to correct the problem. Currently the owner is trucking in water to satisfy the family's needs._ r. I HECTOR LESLIE AND ASSOCIATES WALNUT CREEK. CALIFORNIA Appraisal of Three Parcels, Marsh Creek Road, Brentwood, California HIGHEST .AND BEST 'USE.. The highest and best use is that use which will produce the greatest g P land return. .In thisinstance, the issue is the. division---of the larger parcel .(19.972 acres) into. smaller parcels., _ --- The-exist ing::residence sits..on.five acres. Thus., .thee residual acreage is 14.972. The property owner has provided two plat maps. The first indicates the division. of the .14+ acres into two parcels, while..the second indicates the - 14 acres as one parcel. Given the parcel's terrain, the two parcel .division appears to be the most feasible. Based upon zoning, it is possible that the parcel's residual acreage would be capable of a three parcel subdivision. The owner's parcel maps- would value the division of the larger parcel into two units. , Such a division would appear more compatible with comparable data. f_ HECTOR LESLIE AND ASSOCIATES WALNUT CREEK. CALIFORNIA Appraisal of Three Parcels, Marsh Creek Road, Brentwood, California COST APPROACH A. Land Valuation The land is valued based upon the highest and best use premise which considers. the land, as if vacant, as three individual sites: - • 5 acre parcel, 14 .972 acre parcel with the possibility of a parcel. split 1. . . ,.._ The sales chart» sets forth land sales of various acreage. Certain of these sales reflect smaller acre parcels (5± acres) . Sales 2b and ' 2c sold for $157,500 and $169,000, respectively. Both of these sales have well water, access . to a paved arterial over a defined roadway, and are located in an area considered more desirable than the subject area. ...Sales 7 and 8 are late 1991/early 1992 sales that reflect selling prices of $157,500 to $160,000, respectively, for 5.98 acre. parcels . Both sales have access to well water and a paved arterial. The base for these sales is $157,000. The subject lots are less desirable because:. A roadway must be constructed to serve the residual 15 acre parcel, and The subject parcels do not have a proven source of water. The below valuation does not penalize the acreage for lack of a proven well but states factually that the parcel does not have a proven water source. Based upon the foregoing, a value of $120,000 per site for the subject is used, .- Thus, 3 sites at $120,000 per site = $360,000 B. Improvement Valuation Cost New: Residence - 2,232+ sq.ft. at $70 per sq.ft. $156,240 Owner Porch Allowance- 5,000 Patio - 700+ sq.ft. at $5.00 _per sq. ft. = 3,500 Miscellaneous, . septic, fencing 2,500 Total Cost New $167,240 Accrued Depreciation (35%) 57,659(2) Depreciated Value $109,581 Rounded to $109,500 Reflects basement area (2) Depreciation against $164, 740 i HECTOR LESLIE AND ASSOCIATES WALNUT CREEK. CALIFORNIA Appraisal of Three Parcels, Marsh Creek Road, Brentwood, Califor-ni,a. C. Recap . Land' Valuation $360,000. Improvement Valuation $109,500 Total $469,500 i HECTOR LESLIE AND ASSOCIATES WALNUT CREEK, CALIFORNIA Appraisal of -Three Parcels, Marsh Creek Road, Brentwood, California MARKET DATA APPROACH The Market Data Approach by definition is a procedure in which an appraiser derives a value indication by comparing the property being appraised to similar properties that have been sold recently, applying appropriate units of comparison -and making adjustments based on the elements of comparison to the sale prices of the comparables. In the Market Data definition, the world "similar" is used. What this word means is the appraiser researches sales, improved or vacant, in the subject's area and after a field review of that data selects F. parcels that have the least amount of. adjustment factors. What better sales to use in estimating a value . for . the subject . property but the sale of the subject itself and the sale of an adjacent improved parcel. - _ The subject property sold in January 1990 for $375,000. Current appraisal date is March/April 1992. The subject sale is approximately two years and three months old. It is our understanding that little if any changes to the property have been made since the sale date of January 1990 . The question then is has the market in general changed since the purchase date? The majority of the subject's market value lies in its land. Thus, a study of the land sales would shed some light on the subject's appreciation over time. Land Sale 2b is currently in escrow at $150,000. Land Sale 2c sold in November 1990 for $169,000. Sale 2b sold without commission. Sales 7 and 8 sold on October 16, 1991 for $160,000 and on January 6, 1992 for $157,50.0, respectively. Both these sales have a similar location to Sales .2b and 2c. Based upon the above, the subject's land would not indicate any appreciation over the holding period. The Frederick Burks dwelling, located several hundred yards north of the subject was optioned b Waste Management in December of 1990 for subject, P Y g $550,000. The option:_ price is :thus 1+ years in arrears. Waste Management also pays the Burks $20,000 per year as option money. The parcel is rented and the Burks receive the rental . income. The option price was based upon two appraisals : one at $600,000 and .; the other at $530,000. A brief comparison of the Burks parcel to the subject would indicate _ the following: Burks Subiect Dwelling Size 3, 158+ sq.ft. 2,232 + sq.ft. Acreage 40.297 19. 972 Possible Sites 2-3 2-3 Wells Yes No HECTOR LESLIE AND ASSOCIATES WALNUT CREEK. CALIFORNIA Appraisal of Three Parcels, Marsh Creek Road, Brentwood, California The Burks ' dwelling is some 900 plus sq.ft. larger than the subject and architecturally a far'. superior. structure. Acreage-wise, the- Burks ' .parcel has twice. the acreage of the subject and is. superior to the subject. The Burks' parcel,. per Mr. Burks, has the .potential to split into .2 to 3 sites. Assuming" three sites, each site would be .13.43± acres in size. The subject has residual acreage of. 15± acres. If split equally, each site would be 7 .5 acres in size or approximately one-half the size of the Burks ' . 1A: The Burks- , do have. ' a well that was. eventually drilled to 320 feet. According to Mr. Burks; the well provided water - for their use on a year round basis . However, Mr. Burks stated that the water was carefully rationed. Presently the house is ,rented. The well does not provide sufficient -water for the tenant's PP usage. Mr. Burks su lements0=,the well for rental usage, by trucking in water. To the agreed- purchase price of $555,000, the option money of $20,000 per year, should be added. A purchase. price of $595,000 as of 1992 : would be created. Based upon the foregoing, the market value of the subject, considering the purchase price of $375,000, owner improvements since the purchase date, and lack of land value appreciation' since purchase date, a, market value of $375, 000- is reasonable :as of today's .'date. Considering the subject against the Burks property, the subject -is a substantially inferior parcel as to improvements and overall parcel size. Further, the Burks parcel has a better location off Marsh Creek Road, anda proven, though limited, water source . Based upon the Burks' -parcel, market value for the subject in the $400,000 to $425, 000 range is not incomprehensible. 4 HECTOR LESLIE AND ASSOCIATES WALNUT CREEK. CALIFORNIA Appraisal of Three Parcels, Marsh Creek Road, Brentwood, California CORRELATION AND FINAL VALUE ESTIMATE The considered approaches provided the following: Cost Approach $469,500 Market Approach $375,000 to $425,000 The Cost Approach considers basically the value of the land as if vacant. Inherent in this assumption is that the land has access to an acceptable water source and arterial access. Neither of these r assumptions. is supportable. as of the date of this appraisal. In the Market Approach the sale of the subject in 1990 is considered. The, question now, as related to sales date, is what has transpired with respect to the subject itself or the market in general since the purchase date? What has to be considered is the Burks ' sale at $595,000 for a. parcel twice the size of the subject and with a far superior. dwelling. Based upon the foregoing, a market value of $425,000 for the subject is used. C HECTOR LESLIE AND ASSOCIATES WALNUT CREEK, CALIFORNIA c-r .. a Ct 4 IC+ iC+ _ w 1 I \ Cd W �- O o __ x LLJ2 Q ; M 2 F O � � `JU Q 'Notice: This is neither a plat nor a ?` o L0 t o survey. It is furnished merely as a ��� <<•�'°`' AJ z convenience to aid you in locating the U o land indicat.d hereon with reference to Cr U N s:;vets and 'ther land. 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I(Y'�+ �y't�L• b r i.c+«'+.}ai�',�.� ,Ui,� �a f ?+�yt crN6i��'i a 4 t r. h,S r s a C” L!! t i ? s .x .•-i1 �, t-{.''dA f,'1 tF s'tiar .._ +a.4.1 si r- iwrw4`Y ad" `rib r. F 7 'FAt`v';1t. 1 '*.oq,+ r i1�47 f, :Y� s Z 'v'' (•yt,( S�" y 1 s,,R r r s _Dr 1 4, rt„ .p ryt ip as .1• 'i v Mc� s .n'+[S'f�•'iy,,F'"il�4` -5. K} �«i -� 1 `l.•�.� �l f.�rgtnl�l�"''jtr«L ..ca'-�,�st t$,�i fl3a v r ` E• • ,./'� s, ti.r a `+• � f to - Y lzl :> �f - "rel a Ir .r r�, ti tl �r (YaGa'Fi c, � r�•.'' 1- s nYr_ 'T'7a .4.1: ;.�c E. $r�.G?"Vl[f K a[•. ? t.` �y"'.'tC _tet, C r Appraisal of Three Parcels, Marsh Creek Road, Brentwood, California ASSESSOR'S PARCEL NO. 078-140-018-9 PROPERTY ADDRESS: 15595 Marsh Creek Road, Brentwood OWNER: Frederick E. and Pauline A. Burks DATE- ACQUIRED: N/A RECORDED: BOOK: - PAGE: - REVENUE, STAMPS: - PURCHASE PRICE: Purchased bare land in 1976_ ... . ASSESSED VALUATION: LAND: $ 38,998 IMPROVEMENTS: 260,486 TOTAL; . $299,484 1990/91 TAX RATE: - . - TAXES: - . CODE AREA: 58011 ZONING: A-2 HIGHEST AND BEST USE: Residential INTERVIEWED: Mr. Burks, 2/24/92, at property ESTIMATED FAIR MARKET VALUE: $625,000 LHECTOR LESLIE AND ASSOCIATES WALNUT CREEK. CALIFORNIA Appraisal .of- Three Parcels, Marsh Creek Road, Brentwood, California PROPERTY DATA A. Site Description The subject parcel is rectangular in shaped and 40.297 acres in size. It has access to Marsh Creek Road via a dirt road that extends from the Burks parcel across Parcel C to Marsh Creek. Topography-wise the subject has some level area along the . southerly one-quarter of the parcel. From the -level area the site slopes upward in a northerly direction, until the ridge. linea or north .property line is reached. Elevations along the south property line are in the 500 foot .range. . Elevations at ridge top exceed 1,000 feet-. - A fire road cuts diagonally through the approximate center of the parcel: From the fire road north the land appears. too steep for development. However, two sites could be. developed below the fire road at the parcel's west and. east, boundaries There is some tree cover along the site's west line. B. Utilities Sewer Septic tank - Power: P.G. & E. and propane Waters According to Mr. Burks, he had a well drilled on the property. They drilled to 120 feet, hit water at both 25 and 85 feet, and ultimately drilled to 320 feet.. The well was sufficient for the Burks ' usage (two individuals) . However, Mr. .Burks stated that they were careful and used only the water that was. available each day. The parcel is now rented and the . Burks must supplement the well water by trucking in. .: enough water for the tenants ' (four persons ) use. Mr. Burks had the well tested and it was approved by. the ff County. } HECTOR LESLIE AND ASSOCIATES WALNUT CREEK, CALIFORNIA Appraisal of Three Parcels, Marsh Creek Road, Brentwood, California IMPROVEMENT DESCRIPTION ADDRESS: 15595 Marsh Creek Road PARCEL NO: 078-140-018-9 PROPERTY USE: - Residential AGE: Circa 1987 NO. OF UNITS: One TYPE OF CONSTRUCTION: Frame .. EXTERIOR DESCRIPTION Foundation:' Concrete Siding: Shingle Roof: : Shingle Gutters & Downspouts: Yes . , MISCELLANEOUS Square footage of 3 200 total per Mr. Burks q g , INTERIOR DESCRIPTION Floors: Tile to carpet Windows: For the most part solid pane Walls: Sheetrock, painted to wine barrel staves Total No. of Rooms/Allocation: First: 6 rooms - 3 bedrooms, bathroom, laundry, family room Second: 6 rooms - 2 bedrooms, bathroom, living room, dining area, kitchen Heat: Wood stove, some perimeter electric Baths: 2 - the first has tile floor, unit tub and shower with glass door, . basin, toilet;... the second has -tile. floor, tub, ( toilet, and large circular tile shower. Kitchen: Tile floor, drywall walls .and ceiling; tile drain and splash, fluorescent lighting, one incandescent over sink, range and oven, hood and fan. Electrical: Average for unit General Condition: . Average 9 Comments: The subject improvement is a uniquely designed dwelling. Outside bedrooms, both floors, are constructed from a wine vat. . On the second floor the dining area . j comprises the upper area of the vat. The front or east HECTOR LESLIE AND ASSOCIATES WALNUT CREEK. CALIFORNIA Appraisal of Three Parcels, Marsh Creek Road, Brentwood, California portion of the dwelling has large windows with a living area allocated to family room on the first . floor and living room on the second floor. The dwelling is supported by two center posts with beams that extend away from the post in a circular fan position. The second floor bedrooms and dining area ceilings are cathedral type and of wood finish. The second floor is reached by a circular type stairway. The overall flow of the house is excellent. f HECTOR LESLIE AND ASSOCIATES WALNUT CREEK. CALIFORNIA Appraisal of .Three Parcels, Marsh Creek Road, Brentwood, California COST APPROACH A. Land Valuation The sales chart sets forth selected sales that have- taken place in the subject area. . . Sale 2 sold in June 1989 for $256, 000. It is a 40 acre parcel that was subsequently split into three 13+ acre parcels. Two of the 13±. acre parcels were subsequently re-subdivided. The sale parcel is superior. to the subject . as to its potential for division into smaller sites. The sales topography, which is flat to toe. of slope to slope, is superior to that of the subject. Further, the sale has proven wells. Sale 4 sold in .December of 1990 for $275,000. It has excellent frontage on -Deer Valley - Road and has subsequently been subdivided. One parcel that is 10 acres in size has sold for $190,000. A road is being graded to provide arterial access to Deer Valley. The roadway will serve. all of the subdivided acreage. - Sales. 7. and 8 reflect. the sale of a 6+ acre parcel for $157,500 and $160,000,; respectively. Transaction 9 indicates the sale ' of a 40 acre parcel for $256,000. Adjacent to this transaction are two 22 acre parcels listed for $245,000 and $275,000, respectively. All of these parcels are part of a 4 lot subdivision due to be recorded when the roads and wells are completed. The considered sales all have proven wells with a .capacity of 5+ gallons per minute. Considering the foregoing, the subject sites are valued as follows : 1 20-acre site $155,000 2 10-acre sites $135,000 each Total Land Value $425, 000 B. Improvement Value Cost New: Residence 1st: 1,600 sq.ft. at $75 per sq.ft. _ $120,000 2nd: 1, 600 sq. ft. at $75 per sq.ft. x 92% _ $110,400 Basement: 750 sq. ft. at $15 per sq. ft. $11,250 Miscellaneous decks, patio area $15,000 Cost New $256, 650 Depreciation ( 15% ) $38, 500 E: Depreciated Value $218, 150 I Rounded to $218, 000 HECTOR LESLIE AND ASSOCIATES WALNUT CREEK. CALIFORNIA A raisal of Three Parcels Marsh Creek Road Brentwood California C. Recap Land Valuation $425,000 Improvement Valuation $218,000 Total $643,000 MG IF �Y HECTOR LESLIE AND ASSOCIATES WALNUT CREEK, CALIFORNIA „Appraisal of Three Parcels; Marsh Creek Road, Brentwood, California MARKET DATA APPROACH The , s.ub 'ect ..is unique. as to architectural. d J. q esign and construction.. .,. Similar properties are, for all practical purposes, non-existent. Absent comparable sales,. the optiom .price of , $555,000 'as of December 1990 can be used as:.a basis for the, market analysis. To ' the base ; . price. of' $555,000 is added the option payments of $20.,000 per year ,.or ” a total =6-f, $40,000. The $40,000 represents .a 7 :2 percentincrease':. z over the two year option period. While the market, actual land sales wrould :indiccite' a .flat or slightly declinin land. value" the improvements, because z= g p , of: their un . and to.'the right purchaser, could absorb the increased percentage. HECTOR LESLIE/AND ASSOCIATES WALNUT CREEK. CALIFORNIA �, Appraisal of Three Parcels, Marsh Creek Road, Brentwood,' California CORRELATION AND FINAL VALUE ESTIMATE The considered valuation estimates produced the following valuation estimates: Cost .Approach $643,000 Market Approach $595,000. In the Market Approach 'a consensus of value was reached between the parties. This consensus was arrived at by independent property appraisals. However, .because of the uniqueness of the improvements, the parcel's value is subject to a range reflectingpurchaser's acceptance of. improvement design and construction. The same comments pertain to, the Cost Approach as it relates to depreciation estimates. Little physical depreciation is taken because of the age of the structure. — Functional obsolescence, i.e. , the design and--construction of the-improvements themselves., is subjective. 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Y����� s' g ,y�sl�•���..� t�.f�"�+� �'" -g'x �^ati��' �a, x!3`4,-' �< 4 �i��' .t►� T'• M,. <�N��.ial.. �(.f� a r t. 4, { • 46 :- r �a F y ra r t. • - t � S � s t:. • a :��d1 ;. � rrt-tn-r 3� Fenr.- �Ea �`4'w�+ �'�tfii,�'; ALM • Ya5}'Y F-1 Y +f#p .•Y .r ,3 T - KwY Y iyU.,� �' ;rrf.y vfi`; 1 S1 ' ..!! rJ:' [ rot a� �•�•q a - s 1 c ," r .41 Y • es`- �EE!}# F i>' ¢.+.�itiFe t xs d' w}ru•, V + i t ri'ali3 i ': K • • - • - r.,:. .a fj . i CObc {40uwN o•.2e',s`w 2se31. w °' .l a 23727 ! 635.I�f /930.00` tt ��• 1 . Y G��o x _ . �� ;o;+moi -syn 4'�•} y� � lel•": ' e ua A,41, aM � • - `Q.f f'��� b 1uD aM "a'r NbN .Sto ,•. pul.n�,b. .W O l,_t,o<fiT~O 4 a' 0oiOCi • o xFlIw y - uw f a a, 4m ~YHx.X. .�at f+t `• - :o-p f•1 fly uQl•ugL� ^ b 4 _ YCXtpq 6i • P C� ;A � _d � p�t ,A Zen t "l M :• tw t T -•'. Cf S '''r°, ``v Vis. r'- {/�• . i .. J, a N 0:26`21 W > 19280t` :u N 0'01'52'W a td68.O,t u>i e ' �. 200.00 a 1 ua +� " *J _ •. Y Qai r6i� abi_ v w-•�1 '`tom �u. N ,..Vi _ v QNi:. rt i. -� .le w� Y fs .� o • a N.. � ca O v b S Q`•�2. • �i .Ir (� ' ' ts• � �� gyp' N �N v ` �, 1' ..1�1 ♦f+a L ' r r9i a c r urti � rn ^; N O 00'57 E 9 1922.14' 2.40_ a 1��OQ� r• +>. '�� /. _mow - ` •^a�coi ' CPO um, , �oai>ff��>DDxzXxxxxx . M 4A. . CJ Z / �n cr)(h v�u Z' r N y PO t fri JN . ,r�i r�3 y W00U vi,'NNO�Qb Y '� ` f L Ory^- I,. Cb *Xmmm CD .., l>�O..O 101; OO ptN,s�¢q`gr � � +4w•tr+►O � 'fn 7�.' �.� . y -i 'yea 0i, u p6 •'raWvam=uNUM� .. WN u ri po }c zy o nttf rn .�D � . •t ZZ t •^ 2 n J 1934.77' R I t \ — L y a N O.00 5T'E 1480 79' 1t 2 E a j— 79. .0 t� ` SIS' OF,BEARINGS 2535' T-v (PER 23 PAI 3 r -. Y TRUE Mol 1-4 x - 05 14 appP�Opaq� uQpT- •N" "'� '�'1 av aaoUuuav o- E: D p Z "O • • •p•{� • • UOalal( nUEt181 .G?lilnss? ry Z p ...NV ipaOQ�VUN TI _ 51 X11110"1( ON Ue( laQ*, yJi S1�; ;S � n of aaualalai pm U03124 ��iEa,Pui Puz( to 1 ° ' , aql BU41eso(:u! nOA die of aauacUa&:oa °+mowa se fi=aaaw payslUln Matins E IOU.1C=d 7ai(l�dtl:St S+Yl 11j4H, z _ , .1 } .. it♦. , nA= 3 _ C7 O a '. Appraisal of Three Parcels, Marsh Creek Road, Brentwood, California ASSESSOR'S PARCEL NO. 078-140-020-5 PROPERTY ADDRESS 15715- Marsh Creek Road, Brentwood . OWNER: Kymco Inc. DATE ACQUIRED: :' 1/91' O.C.D. RECORDED: - BOOK: - PAGE: - REVENUE STAMPS:,. - PURCHASE TAMPS: -PURCHASE PRICEz - ASSESSED VALUATION: LAND i $382,034 IMPROVEMENTS• 0 TOTAL: $382,034 1990/91 TAX RATE - TAXES: CODE AREA: 58011 ZONING: A-2 HIGHEST AND BEST USE: See Highest and Best Use section INTERVIEWED: Don Schehrer, 2/26/92, at property ESTIMATED FAIR MARKET VALUE: $300,000 HECTOR LESLIE AND ASSOCIATES WALNUT CREEK, CALIFORNIA Appraisal 'of iThree .Parcels, Marsh Creek Road, Brentwood, California , „ c PROPERTY DATA A. Site Description . The subject parcel is located on the north line of Marsh Creek Road. It is 41.699 acres in size and has almost . '900feet of frontage on Marsh Creek Road. Overall, the property, slope is steep,- . and.. from parcel frontage to north property line., . Elevation along Marsh Creek. Road ranges from 380 to . 400 -.feet.,;- Along the. north property line . the elevations are in excess of 900 feet. B. Utilities The . site has access to ' electricity and telephone. Sanitaryf sewer. isrovided b septic p y p systems. Water would be obtained from wells. Presently there are no wells on the parcel. Based upon data -provided to the appraiser by .the property owner, the _ site has .not been tested, for: a well. I HECTOR'LESLIE AND.. ASSOCIATES WALNUT CREEK, :CALIFORNIA Appraisal of Three Parcels, Marsh Creek Road, Brentwood, California HIGHEST AND BEST. USE Highest and best use is that use which will produce the greatest net return to the land. The immediate question regarding the subject parcel is its potential, 4 ] P if any, to be subdivided into smaller parcels. Based upon its zoning, a division of the property is allowable. However, the property has physical limitations, namely slope and lack of a proven available water supply. Highest and best use as to the number of units that can be developed on the site . is uncertain. . Actual density can only be ascertained by obtaining engineering services. . Further, the sales to which the subject is compared have the same potential for subdivision. Thus, the proven density of- the parcel 'is moot. .. ff � HECTOR LESLIE AND ASSOCIATES WALNUT CREEK, CALIFORNIA Appraisal of Three Parcels , Marsh Creek Road, Brentwood, California MARKET DATA APPROACH The market sales chart considers sales ranging in size from 5 to 75 acres, and in date of sale from mid-1989 to current escrow parcels. Since the subject is a 40+ acre parcel with undefined, if any, subdivision .,.potential, it . is=.best compared to similar appointed parcels,... . Sale l sold in July 1989 for $1.95,000. It is a .30+ acre parcel. .The parcel sold as an all-dry lot parcel. When the parcel was sold, perc tests had not been made and the property did not have wells. It is a superior parcel to the subject when comparing topography. Sale 2 is located adjacent and to the west.of Sale 1. It sold in June of, 1989 for ..$252,000. This parcel was subsequently split into three 13 acre. parcels. Two of. the 13 acre. parcels have been or are being further subdivided. The sale's topography is superior to that of the subject. -It. has flat to toe..of slope to slope land. Access is to Briones Valley Road via easement across intervening ownerships.. Sale 4 sold for $275, 000 in December 1990.. It is a 47 .85 acre parcel that is being subdivided. The site has. excellent frontage .on Deer Valley Road•. An interior roadway is being constructed , "for the e . subdivided parcels. Overall, this parcel is superior to the subject as to topography. and water availability. Transaction 9 is a parcel 40 acres in size that is currently in escrow for $256,000. The parcel will have access to Deer Valley Road via a roadway easement across intervening ownerships. The parcel has two wells,, each producing 5 to 8 gallons per minute. It is far superior to the subject with regard to topography. Further, itslocation allows for .privacy. Current listings . in the area are many. Brokers contacted indicate that over the last few years a softening or actual price reduction for parcels in the Deer Valley/Briones Valley area has occurred. The four sales comprised a market range of $195,000 to $275,000. All of the considered sales are superior to the subject. Current listings range from `$195, 000 to $329,000. These listings are also 40+ acre parcels. These listings have a water source (wells) . Based upon the foregoing, a fair market value for the subject slightly in excess of the range is used, namely $300,000. This valuation is contingent upon the parcel being able to demonstrate a water source commensurate with development potential. i i HECTOR LESLIE AND ASSOCIATES WALNUT CREEK. CALIFORNIA �Yh {{ Q tr Ct 257276I+u. o< N 0* 26'.9*W 2585.14' 653.1 1 19:50.00' O • 2 F )a �^oy��1.��j,,,,7^y��- N1 X O> to"N 1-1 Ai;p m 222azxzz Xr�2t_2?ga apt, �"� .4co b. x t# 0.�=�j0V. - w 42b.yAz�WD On �tn���`l""'�"''" a a(,.ww4�` •rte , � �o i:bO �a. ",M:; A�VN1 - v 2. O .,Oj uqu-I ll Ul yn4j,M bZ0 N m O :*d {>p+La 1% to t+f V t.i b G C N �2 O -�O b rw x> a ady_ Qft -zi 44 It > N N +C N O.Ot'S2'W �'" N 0*26.21 'W 1928.01, * r» n 200.00' 1866.01' ti v I, 4 w o x 4ib4 CD w o m a� �a`5''S� t[': a pQ `d .�. ai Nr d • v .y0^ m CA CD 4vC„• N 0*00`57"E �9 1922.14' rn o o h y bq it In fan *+b a 4, M.24r 11:r,o> y� � i -4 �� } a yDpzxzxzxzx ~�,ob . o,mmmvuu }c �a1 O p{ V .tt�r r 4 �,N P4ty*N .- Z 59� btb r l/ Zb V�VWgOtiO.C?O a �I h1th �C � x ' vAb CO V •o too A a n 1 O> > c 0 B�, a mm + O� o ran '.;„�^��E�nin+n+ v Zr 'sb \ t+, ."C ♦. >O q:* CNN-.. .> W >.tbfib '4' ✓ - MCA q 4j lM No-O�,p'pp.V0 1 f•* .try b. �+ Gam', �u t DM „>,tmNtnam mOwN., ~ - .'7 �!,t' ry -•) 38• O try y+" 1 D t,^ otry N- -240 a ; 1934.77' R I e \ meq ,.� N 0*00`57'E 1980.79• K2E. BASIS OF HEARINGS 2579.35 iPER 23 P.M:3 ) --7 r- _ GRID - ]D47'36. O1 - �; 0 it CA 000 �Oatr O A • +,a » pOa'"N.y b.A OU=44AaY rn -,.i..O �N U m z o . rv�SVO¢jdpVtaN �UO3Ja4 nurilal AL 10 U^"O"+ in rawnSS2 N b O MSU i e�o�.oYtO ��M SI l�l� I ti'I U UE' )a l ue aa;'s a W �M, .��� �-Yri . �. -.� 'a i Ott a �„ �1 01 aoualaial y�� uoa y F J .P , pal �,+-mold 041 Bullmol ul n0A pie 01 aouacua�:oo N ~ AjaJaw pa4SiUAJ Sl 11 'AgAJns o e jou trld a jopau s} s"4! M110N. z > •rn rn _ b +. app� a.Yv� 0 a . rn 0 =t Assignments completed f g omple ed or: Bank�.of America Trust Department Bank of California Trust Department Federal Home Loan Bank Board Federal Housing Administration National Park Service: Redwood National Park` Point Reyes National Seashore Whiskeytown National .Park Western Pacific Railroad General Services Administration,- Federal and State Shasta County State of California., Division of Highways Occidental Life -Insurance Company Electronic Data Systems : James D. Landauer Associates, Inc. Larwin Mortgage Investors Abbott Laboratories Carpenters Pension Trust Fund U.A.W. Local 38 ' Trust Funds - Transamerica. Mortgage Advisors, Inc. Ford Marketing Corporation Various corporations, companies, individuals and attorneys San Francisco Assignments: Appraisal of apartment houses on Lombard and Green Streets Appraisal of One Beach Street for Electronic Data . Systems of Dallas,_ Texas Del-Webb Townhouse Appraisal ;of' Appraisal of warehouses on Brannon and Folsom Streets for private clients Appraisal- of Ninth and Harrison Street _ property. for Salvation Army Appraisal of office building on Market Street (near Van Ness Avenue) for Dow Jones San Francisco BART District Assignments: Subsurface easements along Market Street Proposed United Nations Plaza, , Leavenworth and Market Streets Great Western Savings and Loan, Stockton and- Ellis Streets Gore corner, Van Ness and Market Streets Redevelopment Projects: San, Francisco - Yerba Buena, South of Market Street Western, Addition, A-2 Santa nta Rosa Urban Renewal Agency Oakland' Redevelopment Agency Pittsburg Redevelopment Agency f - 2 UNIQUE ASSIGNMENTS - 1984 Various studies of 526 Mission and joinder parcels for future high :rise construction. Studies considered Highest and Best Use and Discounted Cash Flow analysis as to site density and height,.. First and Mission Streets for Western Pacific Railroad. " Various Alpha Beta Markets: San Jose, Morgan Hill , Half Moon ' Bay; for-American Stores Properties, Inc. UNIQUE ASSIGNMENTS' -` 1985 , ` In-.excess of nine months on appraisal of all industrial. park holdings of western Pacific and Western,4,Oac if ic Is line "segments from San' Francisco to Salt Lake, Utah. UNIQUE ASSIGNMENTS 1986: APPraisal of Union Pacific. Railroad's abandoned right of way Industrial area, San Francisco 15 Industrial properties = Crocker Industrial 'Park, Brisbane, California for The Prudential Realty Group. Appraisal of Stockton Terminal and Eastern Railroad, Stockton,. California for Standard Realty and Development, Co. (Western Pacific) .. UNIQUE ASSIGNMENTS - 1987 Appraisal of Park Executive Building', 925 L Street, Sacramento, . California for. Real Estate Investment Department - Prudential Insurance Company, i.e. high rise office structure opposite State Capitol Building. # Appraisal of Emeryville Crescent. 4.5 acres of uplands, .12 - 15 f' acres of marsh and _tidelands, 90 acres of bay.': for Santa Fe . Pacific Realty Corp. . w.';. Appraisal of Santa Fez Lead Track,. Central Avenue to' So. Richmond for Richmond Redevelopment Agency Consultation with Metropolitan Transportation Committee regarding Southern Pacific Line, San Francisco to Santa Clara. . 1988 - -Standard Assignments ` UNIQUE ASSIGNMENTS - 1989 Appraisal of portions of Southern Pacific's main line, Contra Costa - Alameda County, for Caltrans (Department of Transportation) Highest and best use study of Santa Fe lands west of I-80 . at University for Trust for Public Lands. 4 TESTIMONY Qualified in Court as expert witness Superior Court: San Francisco and Contra Costa County, Sonoma County, Alameda County, Del Norte County, Santa Clara County, Napa County Federal Court Bankruptcy proceedings Court of Claims Superior Court - San Francisco UNIQUE" ASSIGNMENTS -- 1981 Orphe"um Office Building and Theater, Market Street, .San Francisco Office structure and commercial , Chinatown, 341 Broadway,, Pine/Grant! Consultation- report Old White Front Property, now San Francisco Auto Center, Swig Properties Jacobs," Sills and Coblentz Office Building, Long Beach, CA UNIQUE ,ASSIGNKENTS -- 1982 First Insurance Building, Honolulu, Hawaii for First Interstate Mortgage Company 500 Forbes Boulevard Industrial Building Crocker Park, South San Francisco for Wells Fargo Bank Sweeney Ridge, Pacifica, California, National Park Survey Wells Fargo Bank and Office Building, 121 Park Center Plaza, " San Jose, California,. for Wells Fargo. Bank UNIQUE ASSIGNMENTS - 1983 655 Beach Street, . Office Building, San Francisco;. for Joseph Seagram and Sons, Inc. Market .Study., Lear/Renofor Western Pacific Railroad.. Study resulted in acquisition of land area for future industrial park. Office -Building, One Harbor Drive,` Sausalito, California for First Interstate Mortgage Southern Pacific 20 mile Right-of-Way, Hamilton Field to Larkspur Ferry for Southern Pacific Railroad Gemco Store, Colma, California: San Francisco Bay Office Park for Prudential Insurance Co. , PRISA I HECTOR LESLIE AND. ASSOCIATES `y REAL ESTATE APPRAISERS AND CONSULTANTS 1515 OAKLAND BLVD. SUITE 204. WALNUT CREEK, CA 94596 14151 932-8662 APPRAISAL QUALIFICATIONS HECTOR R. LESLIE, MAI EDUCATION Bachelor of Science, University of California, Davis PROFESSIONAL bRGANIZATIONS Member of . American Institute of Real Estate Appraisers Chapter 11 President - 1988 Senior Member of American Right:-of-Way. Association Chapter 2 President - 19.75 EXPERIENCE Over PP 25 ears of appraisal experience covering the states of - California, California, Oregon, Nevada, Arizona, Ohio, Texas, virgin Islands, Hawaii, Utah. Types of Properties Appraised: .. Acreage - Recreational, Residential, Industrial and Commercial Apartment Houses Automobile Wrecking Yards Casinos Commercial Properties Hotels and Hotels Industrial Plants Office Buildings Service Stations Shopping Centers Easements .- Power Line, Drainage, Subsurface (specifically :BART System in San Francisca) Supermarkets Warehouses Mobile Home Parks