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Home My WebLink AboutCity Council Resolution 10-025CITY COUNCIL OF THE CITY OF SARATOGA RESOLUTION NO. 10 - 025 A RESOLUTION OF PUBLIC USE AND NECESSITY OF THE CITY OF SARATOGA FOR THE EXERCISE OF THE POWER OF EMINENT DOMAIN TO ACQUIRE AN ADDITIONAL EASEMENT IN PACIFIC GAS & ELECTRIC RIGHT OF WAY IN CONNECTION WITH THE PLANNED JOE'S TRAIL AT SARATOGA DE ANZA; AUTHORIZING THE CITY ATTORNEY TO AMEND THE COMPLAINT AND PROSECUTE AN ACTION IN EMINENT DOMAIN TO FINAL JUDGMENT TO ACQUIRE THE ADDITIONAL EASEMENT; AUTHORIZING THE DEPOSIT OF FUNDS LAWFULLY AVAILABLE TO THE CITY OF SARATOGA FOR THE PROJECT FOR POSSESSION OF THE ADDITIONAL EASEMENT. The planned Joe's Trail at Saratoga De Anza ( "Project ") includes the development of an approximately 1.3 -mile bike and pedestrian trail extending over PG &E property along an approximately 1.6 -mile easement that is approximately 75 feet wide ( "Joe's Trail Easement "). The trail will extend in a generally northwest /southeast direction from Saratoga- Sunnyvale Road to Saratoga Avenue in the City of Saratoga. On October 3, 2007, the City of Saratoga adopted a Mitigated Negative Declaration ( "MND ") and Mitigation Monitoring and Reporting Program pursuant to the California Environmental Quality Act, and approved the Project. On October 2, 2008, the City filed a complaint in eminent domain to acquire the Joe's Trail Easement. It was subsequently determined that the Project requires acquisition of an additional easement in PG &E's property to provide the Santa Clara Valley Water District ( "SCVWD ") with access to maintain its trash rack facility in Rodeo Creek, which must be relocated for construction of Joe's Trail ( "Additional Easement "). The Additional Easement is 1,150 square feet and runs between Rodeo Creek and the boundary of PG &E's property, which eventually connects to Saratoga - Sunnyvale Road, a public road. The City Council of the City of Saratoga, by a vote of 4 /5ths majority or more of its members, finds, determines, declares and resolves that: Section 1. The City of Saratoga is a municipal corporation in the County of Santa Clara, State of California. Section 2. The Additional Easement is to be taken for public use for the Project and all uses necessary, convenient, or appurtenant to the Project pursuant to the authority conferred upon the City of Saratoga to acquire property by eminent domain by California Constitution Article 1, section 19; California Government Code sections 37350, 37350.5, 37351, and 40404; California Code of Civil Procedure sections 1230.010 et seq., including, but not limited to sections 1240.010 through 1240.050, 1240.110, 1240.120, 1240.140, 1240.150, 124.220, 1240.350, 1240.410, 1240.510, 1240.610, 1240.650, 1250.340; and other provisions of law. Section 3. The Additional Easement is a 1,150- square foot area of land located along a Pacific Gas & Electric utility transmission corridor, and consisting of portions of APN 386 -53- 018. The legal description of the Additional Easement is attached as Exhibit "A" to this Resolution. The Additional Easement is depicted on the survey map attached as Exhibit `B" to this Resolution. The Additional Easement is required for the construction and maintenance of the Project. Section 4. The Additional Easement is required to carry out and make effective the principal purpose of the Project. A general description of the Project is set forth in the Agenda Report dated May 5, 2010. The Agenda Report and the evidence, reports, and documents cited in that Agenda Report are incorporated in the Administrative Record for this Resolution. that: Section 5. The City Council of the City of Saratoga specifically finds and determines A. The City has fully complied with the California Environmental Quality Act, Public Resources Code sections 21000 et seq. with regard to the Project. The environmental effects of the Project were evaluated in the MND prepared by the City of Saratoga (State Clearinghouse Number 2007042079), adopted by the Saratoga City Council on October 3, 2007. No revisions to the MND are required for the acquisition of the Additional Easement due to new or substantially increased significant environmental effects because of substantial changes in the Project, substantial changes with respect to the circumstances under which the Project would be undertaken, or significant new information. B. The public interest and necessity require the Project. C. The Project is planned or located in the manner that will be most compatible with the greatest good and the least private injury. D. The Additional Easement is necessary to carry out and make effective the principal purpose of the Project, including, but not limited to, protection and preservation of the safety and usefulness of Joe's Trail. The Additional Easement is further necessary to provide access from a public road to SCVWD's property, which otherwise would have been cut off as a result of the Project. E. The City has complied with all conditions and statutory requirements necessary to exercise the power of eminent domain to acquire the Additional Easement, as well as any other matter regarding the right to take the Additional Easement by eminent domain, including but not limited to, making the offer required by Government Code section 7267.2(a). Section 6. The findings and declarations contained in this Resolution are based on the record before the City Council on May 19, 2010, when it adopted this Resolution, including the Agenda Report dated May 5, 2010, all documents referenced and incorporated in the Agenda Report, the testimony at the hearing, and the records and documents prepared in connection with the Project, all of which are incorporated in this Resolution by this reference. Section 7. The City Council of the City of Saratoga authorizes and directs the City Attorney's Office and City Staff to take all steps necessary to amend the complaint in the eminent domain action City of Saratoga v. PG &E et al., No. 1- 08- CV- 124267 (Sup. Ct. Santa Clara County), and prosecute those legal proceedings to acquire the Additional Easement by eminent domain. Section 8. The City Manager, or his designee, is hereby authorized to deposit lawfully available funds of the City of Saratoga for the Additional Easement with either the court in which the eminent domain proceedings are litigated or the State Treasury Condemnation Fund, in the amount required by law for the maintenance of a proceeding in eminent domain and for immediate possession of the Additional Easement. The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 19 day of May, 2010 by the following vote: AYES: Councilmember Chuck Page, Howard Miller, Vice Mayor Jill Hunter, Mayor Kathleen King NOES: None ABSTAIN: None ABSENT: Vacant (Susie Nagpal) ATTEST: Ann. Sullivan, City Clerk SIGNED: Kathleen M. King, Mayor Date Exhibit "A -R1" Being an easement, 20 feet in width for ingress and egress, lying within the lands conveyed to Pacific Gas and Electric by deed recorded on March 22, 1955 in Book 3121 at page 217, Official Records of Santa Clara County. The center line of which is described as follows: Commencing at the most easterly corner of the lands conveyed to Pacific Gas and Electric recorded on February 7, 1955 as Parcel 1, in Book 3078 at page 11, Official Records of Santa Clara County; thence South 60 °06' East along the northeasterly boundary of said lands of Pacific Gas and Electric 691.36 feet to the True Point of Beginning; thence leaving said northeasterly boundary South 29 °54' West 32.5 feet; thence South 60 °06' East 25 feet plus or minus to the northwesterly boundary of Santa Clara Valley Water District easement, being Rodeo Creek right of way recorded in Book 8995 at page 233, Official Records of Santa Clara County. Prepared by: Paul Jensen Professional Land Surveyor #4627 March 31, 2010 P.O.C. (6 '60 o6 FJ o Proposed City of Saratoga 7 — Trail easement r (, 0. EXHIBIT "B" T.P.O.B. / �. Proposed City of Saratoga / Trail easement f ' -1 /? 4 , p gC � F / - 08 r? JP \1 4:0 pFR 899 4,4,„ o 4 Scale: 1" = 20' SOFFIT EL.= 319.1' RJR 6R . /ac e Proposed'---„, r o ---- --- s -- relocation of i Debris Guard tom.. \ \ I �.. r \ \ it PAUL JENSEN PROFESSIONAL LAND SURVEYOR #4627 BOULDER CREEK, CALIFORNIA EXHIBIT "B" Plot Plan of the lands of Pacific Gas and Electric propose Santa Clara Valley Water District access easement Saratoga,California A.P.N. 386 -53 -018 DATE: March 2010 SCALE: 1" = 20' Sheet 1 of 1 E. CLEMENT SHUTE. JR. MARK I. WEINBERGER 11946 -2005) FRAN M. LAYTON RACHEL B. HOOPER ELLEN J. GARBER TAMARA 5. GALANTER ANDREW W. SCHWARTZ ELLISON FOLK RICHARD 5. TAYLOR WILLIAM J. WHITE ROBERT 5. PERLMUTTER OSA L. WOLFF MATTHEW D. ZINN CATHERINE C. ENGBERG AMY J. BRICKER GABRIEL M.B. ROSS DEBORAH L. KEETH WINTER KING AMANDA R. GARCIA 'SENIOR COUNSEL Via Electronic and Certified Mail Cesar V. Alegria Pacific Gas & Electric 77 Beale Street Mail Code B30A San Francisco CA 94105 Dear Mr. Alegria: SHUTE, MIHALY & WEINBERGER LLP ATTORNEYS AT LAW 396 HAYES STREET SAN FRANCISCO, CALIFORNIA 94102 TELEPHONE: (41 5) 552 -7272 FACSIMILE: (41 5) 552-5816 WWW.SMWLAW. COM April 19, 2010 HEATHER M. MINNER ERIN 8. CHALMERS MARY J. REICHERT BRIANNA R. FAIRBANKS LAUREL L. IMPETT. AICP CARMEN J. BORG, AICP URBAN PLANNERS HEATHER M. MINNER MINNER@SMWLAW.COM (41 5) 552 -7272 EXT. 260 CVA3 @PGE.COM Re: Joe's Trail at Saratoga De Anza: Offer to Purchase SCVWD Access Easement This letter constitutes an offer by the City of Saratoga ( "City ") to purchase a 1,150 square foot access easement in Pacific Gas & Electric ( "PG &E ") right of way adjacent to Rodeo Creek in the City of Saratoga (the "access easement ") for $450. The access easement, known as the proposed Santa Clara Valley Water District Access Easement, is further described in the enclosed legal description and plat map. The access easement overlaps a proposed trail easement commonly known as Joe's Trail at Saratoga De Anza by 850 square feet. On October 2, 2008, the City filed an eminent domain action against PG &E to condemn the Joe's Trail easement (the "Eminent Domain Action"). On September 21, 2009, the City deposited the fair market value for the Joe's Trail easement with the State Treasurer in the sum of $190,000 based upon the enclosed Summary Appraisal Valuation Statement. This amount includes the fair market value of the 850 square foot portion of the access easement that overlaps the April 19, 2010 Page 2 Joe's Trail easement. The City and PG &E are currently in negotiations to settle the Eminent Domain Action. The City's offer is the fair market value of the 300 square feet of the access easement that does not overlap the Joe's Trail easement already condemned in the Eminent Domain Action, as reflected in the enclosed Summary Appraisal Valuation Statement. The Summary Appraisal Valuation Statement provides a summary of the basis of the appraisal. The appraiser values the Joe's Trail easement at $1.50 per square foot. Because the additional 300 square feet of PG &E's property necessary for the access easement is adjacent to and identical in all respects to the PG &E property the City condemned in the Eminent Domain Action, the City's offer for the additional 300 square feet is based on the same price per square foot as determined by the appraisal for the Eminent Domain Action and is the full amount of the City's appraisal. Pursuant to Government Code section 7267.2(a)(2), I am enclosing an informational pamphlet detailing the process of eminent domain and PG &E's rights under the Eminent Domain Law. If you have any questions that are not answered by this pamphlet, please do not hesitate to contact me. Under Code of Civil Procedure Section 1263.025, should you elect to obtain an independent appraisal, the City will pay for the actual reasonable costs of the appraisal up to $5,000, subject to the following conditions: (a) PG &E, not the City, must order the appraisal. Should PG &E enter in to a contract with the selected appraiser, the City will not be a party to the contract. (b) The selected appraiser must be licensed by the California Office of Real Estate Appraisers (OREA). (c) Appraisal cost reimbursement requests must be made in writing and submitted to the City within 90 days following the date the selected appraiser requests payment from you for the appraisal. At the time of your request for reimbursement, you should also provide to the City copies of the contract (if a written contract was made), the appraisal report, and invoice(s) for all work completed by the appraiser. The cost of the appraisal must be reasonable and justifiable. April 19, 2010 Page 3 Your cooperation on this matter is greatly appreciated. Very truly yours, Heather M. Minner Enclosures: 1. Legal Description 2. Plat Map 3. Summary Appraisal Valuation Statement 4. Informational Pamphlet pursuant to Government Code section 7267.2(a)(2) cc: John Cherbone, Director of Public Works, City of Saratoga P:ISARATOGA\De Anza Trail\Eminent domain\hmm007 (Offer Letter 4- 19- 10).doc SHUTE, MIHALY & WEINBERGER LLP 1 of 44 SUMMARY APPRAISAL VALUATION STATEMENT Partial Acquisition Ingress /Egress Easement Rights Pacific Gas & Electric Company Property Saratoga de Anza Trail Site Between Saratoga - Sunnyvale Road & Saratoga Avenue APNs: 386 -53 -018 & 019 393 -17 -004 to 006 393 -21 -005 to 007 & 013 Saratoga, Santa Clara County, California 08 -ASJ -082 Appraiser: Chris Carneghi, MAI Company: Carneghi -Blum & Partners, Inc. Address: 1602 The Alameda, Suite 205, San Jose, California 95126 Phone: (408) 535 -0900 Fax: (408) 535 -0909 This summary of the basis of my appraisal is prepared for Mr. Andrew W. Schwartz with Shute, Mihaly & Weinberger, LLP, to comply with the California Government Code concerning condemnation and is intended to be a Summary Appraisal Report as defined in the Uniform Standards of Professional Appraisal Practice. If called, I will testify to the matters and opinions set forth herein. 1. Description of subject property taken: See Exhibit "A" 2. Conclusions: a. Fair Market Value of the subject property being taken: $190,000 See Exhibit "C" b. Amount of Severance Damages: None c. Amount of Benefits: None June 10, 2008 08 -ASJ -082 2 of 44 Summary Appraisal Statement 08 -ASJ -082, Saratoga de Anza Trail Acquisition Saratoga, Santa Clara County, California d. Total Real Estate Compensation: $190,000 e. Amount of Other Compensation: None My conclusion is based, in part, on the opinion of: N.A. 3. Basic Data and Opinions: a. Estate or interest valued: Ingress /Egress Easement Rights b. Date of Valuation: May 22, 2008 c. Highest and Best Use of the Property: The larger subject property consists of a 75 foot wide strip of land which extends for approximately 1.6 miles in a generally northwest/southeast direction from Saratoga - Sunnyvale Road to Saratoga Avenue in the City of Saratoga. This represents a Pacific Gas & Electric (PG &E) right of way which (per the Mitigated Negative Declaration prepared by LSA Associates in April 2007) is improved with a portion of the Metcalf -Monta Vista Transmission Corridor, extending from San Jose to Cupertino and containing four 230 kilovolt power lines supported on transmission poles that range in height from approximately 100 feet to approximately 135 feet. This corridor is also improved with a buried, 18 inch wrapped steel cement lined water pipe and a paved parking lot used by the City of Saratoga in conjunction with nearby Congress Springs Park. Physically Possible The subject site consists of a narrow elongated site. Due to this configuration, the subject property is considered to be physically restricted in terms of development potential. Also, there are overhead PG &E high voltage towers /wires and a buried water pipe that run the entire length of the property and essentially render the subject site undevelopable with any building improvements. For safety and access reasons, PG &E will not allow building construction under high voltage transmission lines. The presence of the buried water pipe would also restrict development potential. Consequently, the physical characteristics of the subject site tend to indicate that its highest and best use, as vacant, is for various types of uses which take into June 10, 2008 08- ASJ -082 Legally Possible 3 of 44 Summary Appraisal Statement 08 -ASJ -082, Saratoga de Anza Trail Acquisition Saratoga, Santa Clara County, California consideration the limited development utility of the site due to the existing utility infrastructure. A physically possible use would be for use as a public park. The subject property has a General Plan designation of M -12.5 (Medium Density Residential) and a zoning designation of R -1- 12,500. These designations are in conformance and are primarily intended for development of single family homes on lots of 12,500 square feet (maximum density of 3.48 dwelling units per acre). Other allowed uses under this zoning designation include agricultural and equestrian uses, community facilities, religious institutions, nursing /day care homes, and public utility installations. However, due to the restrictions imposed by the utility infrastructure on site, legally allowed uses would be limited to some type of park, open space, or agricultural use. The City of Saratoga General Plan Open Space Element states that "development of a comprehensive trail system has been a priority of the community for many years." The Proposed Trails Map (Exhibit OSC -2) presented in the Saratoga General Plan identifies the subject location for a proposed trail. Based on the legal parameters, and considering the physically possible uses and surrounding neighborhood, the highest and best use of the subject site, as if vacant, appears to be for use as a public park. Economic Feasibility Physically and legally, the subject property appears to be best suited for park, open space, or agricultural use. Due to the restricted supply of suitable land available in the area, there is limited opportunity for governments to provide additional park spaces to residents. One opportunity for such a use is provided by sites which would otherwise be undevelopable. The subject is one such site. There are multiple locations in the Santa Clara County area where parks have been constructed on sites similarly encumbered by utility infrastructure. The existence of these parks supports the feasibility of a similar use on the subject site. June 10, 2008 08 -ASJ -082 Conclusion 4 of 44 Summary Appraisal Statement 08 -ASJ -082, Saratoga de Anza Trail Acquisition Saratoga, Santa Clara County, California The subject property has restricted development potential due to the presence of the existing high voltage wires /towers and underground water pipeline. The analysis in this appraisal addresses the value of the larger subject property as currently encumbered by the existing utility infrastructure. The resulting value conclusion will be based on a continued utility infrastructure use (i.e. the value conclusion will represent surface use rights only as the underground and aerial rights are retained by /for the existing utility infrastructure). While the existing use by PG &E for utility transmission lines is functional for PG &E, the additional use of the surface area for park, open space, or agricultural purposes would be considered more maximally productive as it would allow for a more functional use of the surface area. The highest and best use of the subject site is considered to be continued use of the existing utility infrastructure, with use of the surface area for park, open space, or agricultural purposes. d. Market Data: See Exhibit `B" e. Replacement cost less depreciation: N.A. £ Income Approach: N.A. g. Description and value of Entire Property: Description Gross Land Area: 489,358 Sq.Ft. Existing Improvements: Utility Transmission Corridor Assessor's Parcel Numbers: 386 -52 -018 & 019 393 -17 -004 to 006 393 -21 -005 to 007 & 013 June 10, 2008 08- ASJ -082 Summary Appraisal Statement 08 -ASJ -082, Saratoga de Anza Trail Acquisition Saratoga, Santa Clara County, California 5 of44 Fair Market Value of the Entire Property As Encumbered by the Existing PG &E High Voltage Transmission Lines and the Sub - Surface Water Pipeline: $734,000 4. We, the undersigned, hereby certify that, to the best of our knowledge and belief: the statements of fact contained in this report are true and correct; the reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions, and are our personal, impartial, and unbiased professional analyses, opinions, and conclusions; we have no present or prospective interest in the property that is the subject of this report, and we have no personal interest with respect to the parties involved; we have no bias with respect to the property that is the subject of this report or to the parties involved with this assignment; our engagement in this assignment was not contingent upon developing or reporting predetermined results, our compensation for completing this assignment is not contingent upon the development or reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value opinion, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this appraisal; the appraisal assignment was not based on a requested minimum valuation, a specific valuation, or the approval of a loan; our analyses, opinions and conclusions were developed, and this report has been prepared in conformity with the Uniform Standards of Professional Appraisal Practice, Code of Professional Ethics and the Standards ofProfessional Appraisal Practice of the Appraisal Institute, we have made a personal inspection of the property that is the subject of this report; Neil Johnson provided significant real property appraisal assistance to the persons signing this certification. The use of this report is subject to the requirements of the Appraisal Institute relating to review by its duly authorized representatives. As of the date of this report Chris Carneghi has completed the requirements under the continuing education program of the Appraisal Institute. In accordance with the Competency Provision in the USPAP, we certify that our education, experience and knowledge are sufficient to appraise the type of property being valued in this report. Chris Carneghi, MAI June 10, 2008 08 -ASJ -082 6 of 44 EXHIBIT "A" DESCRIPTION OF PROPERTY TAKEN (1) Subject Property Photos (2) Assessor Parcel Maps (3) Take Area Legal Descriptions & Maps June 10, 2008 08 -ASJ -082 SUBJECT PROPERTY PHOTOS 7 of 44 8 of 44 SUBJECT PROPERTY PHOTOS SUBJECT PROPERTY PHOTOS 9 of 44 10 of 44 SUBJECT PROPERTY PHOTOS I. ;0`4 :jaayS ' VO V901V21VS 'E 40 2 - 800Z 'VO 'eleiO ewes 11 17 of 44 o ai d N I. 40 aea4S 'OL096 VO VOO1V24VS '9AV XOO '900 - 900Z 'VO 'eJeIO eIueS 10 :18o11S '17EI.E VO VJO±V21VS '3AV V)121OZ 09EOZ ' l 1.O - 800Z 'VO 'eJeI0 ewes 11 of 44 z' ,sue, -'= Q 1 ass 7 a L7 ° Q N N ' Win- 0 4 i .„....:24.45 g. ` . zEl (PVr.i .crf a2 ^ d a MI M Z N n^ 621 ,2S,: 4� 7o..�e , .4 ,, / a hQ' i / ' �. , / s „+ P1tf Y o;i -4 , .. p � . 9 / frZ 1 e� . _ B' ' � . N y kl r 4 t' l / / Z � � l G 0 ` <` i'f/Z L'6‘4/t?' (' , �IyJ TO: 0707 p m /v% ` -- "Zt< °nm� ZJC ��' F r • ty a ee i F1 0 < . 8 o� 5 f L 0Z r_ , 0 / i Zl 07 '4 OF � � l � 1 < s< ° F_<+ 61 a OS � b, � . der / / / l l rd � ` v 6 Yz . ` � / r 6 s < 'i 8L /ey ru _ $ 91 , w{� '' <6 T l eN . S3/ d r rab ZeM .w r.,, Ol // sz .. :',� ifi�`. l �� "9l °b l ,e ' , Sl m . s _9L ia, C.) 01201/ CO Y 1 4.. / gs LAWRENCE E. STONE — ASSESSOR Cadoslrol map for msa5vnen1 purposes only Compiled under R. & T. Cade, Sec. 327 Effecliw Rdl Thor 2004 -2005 25 30 Yd 982 07000/ N Z U Q _ � ` N N Q 'y n: - AREA & ADDRESS TABLE 16006 01A00E57 LANE 19010 841 LAIC 79079 HARVEST LANE 11E026 Iu/rv05T LANE 760.12 1Wll£Sr LANE 116050 I4418051 LAIC 160.99 MEWS LANE 16090 N4RI■ar ONE ' 15310/87 62001 17,01 15]16017 <[061 78029 WRYEST LANE 76711 INRVESr LANE u ._ rro9 z , 4., J /. a j / — 3'It/�1 NNf1S ROS'b 9LL£ LLZ S 604'4 644'4 94£ S69'b Erb 46£'[ 1 06 5'6 L 19 50£ yy��rr " 1 �1 �j `� GG��ry '1 `I �1 1 �1 1 �!yry R `i "i ^N Nb 81Od 0a 5L 01. ^ ^ 99 4t �V� ^ 10 :18o11S '17EI.E VO VJO±V21VS '3AV V)121OZ 09EOZ ' l 1.O - 800Z 'VO 'eJeI0 ewes All that certain real property in the City of Saratoga, County of S vita Clara, State of California: A easement for ingress, egress and utilities, lying within the lands conveyed to Pacific Gas and Electric Company, by deed recorded on December 14, 1954 being Parcel 1, in Book 3078, at Page 11 Official Records of Santa Clara County, which area lies northeasterly of the following described line: Beginning at the north corner of said Parcel 1; thence along the westerly boundary of said Parcel 1 South 16 °36' East, 72.06 feet to the southwesterly corner of said Parcel 1; thence along the southwesterly boundary of said Parcel 1 South 77 °32' East 210.0 feet; thence leaving said southwesterly boundary North 12 °28' East 48.0 feet; thence along a line South 77 °32' East which is 15 feet southwesterly and parallel with the northeasterly boundary of said Parcel 1, 254.95 feet to the easterly boundary of said Parcel 1. This description was prepared by me or under my direction in conformance with the requirement of the Land Surveyor's Act. Prepared"'by: Paul Jensen Professional Land Surveyor #4627 May 7, 2008 14 of 44 EXHIBIT "A" APN 386 -53 -019 C7 —1 PARCEL 'A° BOOK 549 OF MAPS, AT PAGE 25 15 of 44 SARATOGA- SUNNYVALE ROAD no 0 o 0 r 0 g • S rn O 9 a ,,; r 5 a # M $ . of p. Y d J m j cm An p m Z 00 cl 16 of 44 EXHIBIT `B" APN 386 -53 -018 All that certain real property in the City of Saratoga, County of Santa Clara, State of California: A easement for ingress, egress and utilities, lying within the lands conveyed to Pacific Gas and Electric Company, by deed recorded on March 21, 1955 in Book 3121, at Page 217, Official Records of Santa Clara County, which easement lies northeasterly of the following described line: Beginning at the east comer of the lands conveyed to Pacific Gas and Electric Company, by deed recorded on December 14, 1954, as being Parcel 1 in Book 3078, at Page 11 Official Records of Santa Clara County; thence along the westerly boundary of said lands of Pacific Gas and Electric, South 29 °54' west 15.0 feet; thence leaving said westerly boundary along a line South 60 °06' East which is 15 feet southwesterly and parallel with the northeasterly boundary of said lands of Pacific Gas and Electric 621.92 feet; thence South 29 °54' West 39.24 feet; thence South 60 °06' East 79.44 feet; thence North 29 °54' East 34.24 feet: thence along a line South 60 °06' East which is 20 feet southwesterly and parallel with the northeasterly boundary of said lands of Pacific Gas and Electric 100.0 feet; thence North 29 °54' East 5.0 feet; thence along a line South 60 °06' East which is 15 feet southwesterly and parallel with the northeasterly boundary of said lands of Pacific Gas and Electric 1022.33 feet; thence South 29 °54' West 39.80 feet; thence South 60 °06' East 81.63 feet; thence North 29 °54' East 39.80 feet; thence along a line South 60 °06' East which is 15 feet southwesterly and parallel with the northeasterly boundary of said lands of Pacific Gas and Electric 694.60 feet to the easterly boundary of said lands of Pacific Gas and Electric. This description was prepared by me or under my direction in conformance with the requirements of the Land Surveyor's Act. Prepared by: Paul Jensen Professional Land Surveyor #4627 May 8, 2008 OVOH 31VMNNOSVOOjVtlVS 17 of 44 SZ 30Vd 1V'SdVW 10 6CS N008 =V• 13OtlVd b 6 18 of 44 EXHIBIT "C" APN 393 -17 -004 All that certain real property in the City of Saratoga, County of Santa Clara, State of California: A easement for ingress, egress and utilities, lying within the lands conveyed to Pacific Gas and Electric Company, by deed recorded on December 7, 1954 in Book 3027, at Page 165 Official Records of Santa Clara County, which area lies northeasterly of the following described line: Beginning at the north corner of said lands of Pacific, Gas and Electric Company; thence along the westerly boundary of said lands of Pacific, Gas and Electric Company of South 00 °06'30" East 17.31 feet; thence leaving said westerly boundary along a line South 60 °09'30" East which is 15 feet southwesterly and parallel with the northeasterly boundary of said lands of Pacific, Gas and Electric Company 467.21 feet; thence South 29 °50'30" West 41.87 feet; thence South 60 °09'30" East 81.64 feet; thence North 29 °50'30" East 41.87 feet: thence along a line South 60 °09'30" East which is 15 feet southwesterly and parallel with the northeasterly boundary of said lands of Pacific, Gas and Electric Company 176.23 feet to the Easterly boundary of said lands of Pacific, Gas and Electric Company. This description was prepared by me or under my direction in conformance with the requirement of the Land Surveyor's Act. Prepared by: Paul Jensen Professional Land Surveyor #4627 May 12, 2008 20 of 44 EXHIBIT "D" APN 393 -17 -005 All that certain real property in the City of Saratoga, County of Santa Clara, State of California: A easement for ingress, egress and utilities, lying within the lands conveyed to Pacific Gas and Electric Company, by deed recorded on December 14, 1954 being Parcel 2, in Book 3078, at Page 11 Official Records of Santa Clara County, which area lies northeasterly of the following described line: Beginning at the north corner of said Parcel 2; thence along the westerly boundary of said Parcel 2 South 17 °33'30" East 17.31 feet; thence leaving said westerly boundary along a line South 77 °30'30" East which is 15 feet southwesterly and parallel with the northeasterly boundary of said Parcel 2, 185.89 feet to the southerly boundary of said Parcel 2. This description was prepared by me or under my direction in conformance with the requirement of the Land Surveyor's Act. Prepared by: Paul Jensen Professional Land Surveyor #4627 May 8, 2008 a SSE NO r22 HNO4 MIA ISO! NYS M,SI,1 21 of 44 OV011 3V08 019 3,60,60,00N M9SA9,00N S an uI F- u W 0 22 of 44 EXHIBIT "E" APN 393 -17 -006 All that certain real property in the City of Saratoga, County of Santa Clara, State of California: A easement for ingress, egress and utilities, lying within the lands conveyed to Pacific Gas and Electric Company, by deed recorded on August 23, 1954 as Parcel 2, in Book 2943, at Page 556 and in the lands conveyed to Pacific Gas and Electric Company, by deed recorded on July 2, 1954 in Book 2925, at Page 549 Official Records of Santa Clara County, which area lies northeasterly of the following described line: Commencing at the most northwest corner of said lands of Parcel 2; thence along the northerly boundary of said lands of Pacific, Gas and Electric Company of South 87 °09'30" East 132.16 feet to the True Point of Beginning; thence leaving said northerly boundary along a line South 60 °09'30" East which is 15 feet southwesterly and parallel with the northeasterly boundary of said lands of Pacific, Gas and Electric Company 276.88 feet; thence South 29 °50'30" West 39.59 feet; thence South 60 °09'30" East 79.52 feet; thence North 29 °50'30" East 39.59 feet: thence along a line South 60 °09'30" East which is 15 feet southwesterly and parallel with the northeasterly boundary of said lands of Pacific, Gas and Electric Company 446.42 feet to the southeasterly boundary of said lands of Pacific, Gas and Electric Company. This description was prepared by me or under my direction in conformance with the requirement of the Land Surveyor's Act. Prepared by: Paul Jensen Professional Land Surveyor #4627 May 12, 2008 CC O P- 0 � oC N CO 0 • Y N ¢ 0: o c( O 0 23 of 44 0V0B TON N310 ;E0.00.00N 3 ago p4 a,roQA6AON ✓ W VLF ago �cfa 111045121'4111 ZSOf FRS Prepared by: Paul Jensen Professional Land Surveyor #4627 May 12, 2008 24 of 44 EXHIBIT "F" APN 393 -21 -006 All that certain real property in the City of Saratoga, County of Santa Clara, State of California: A easement for ingress, egress and utilities, lying within the lands conveyed to Pacific Gas and Electric Company, by deed recorded on August 23, 1954 as Parcel 1, in Book 2943, at Page 556 Official Records of Santa Clara County, which area lies northeasterly of the following described line: Beginning at the most northerly corner of said lands of Parcel 1; thence along the westerly boundary of said lands of Pacific, Gas and Electric Company of South 00 °06'30" East 40.4 feet; thence leaving said westerly boundary along a line South 60 °09'30" East which is 35 feet southwesterly and parallel with the northeasterly boundary of said lands of Pacific, Gas and Electric Company 160.0 feet; thence North 29 °50'30" East 20.0 feet: thence along a line South 60 °09'30" East which is 15 feet southwesterly and parallel with the northeasterly boundary of said lands of Pacific, Gas and Electric Company 947.70 feet; thence South 37°16'23" East 90.00 feet to the southerly boundary of said lands of Pacific, Gas and Electric Company, which point lies 50 feet southwesterly of the northeasterly boundary of said lands of Pacific, Gas and Electric Company. This description was prepared by me or under my direction in conformance with the requirement of the Land Surveyor's Act. 26 of 44 EXHIBIT "G" APN 393-21-007 All that certain real property in the City of Saratoga, County of Santa Clara, State of California: A easement for ingress, egress and utilities, lying within the lands conveyed to Pacific, Gas and Electric Company, by deed recorded on April 3, 1958 in Book 4044, at Page 323 Official Records of Santa Clara County, which area lies northeasterly of the following described line: Commencing at the northwesterly corner of said lands of Pacific, Gas and Electric Company; thence along the northerly boundary of said lands of Pacific, Gas and Electric Company South 85 °36'30" East 58.18 feet to the True Point of Beginning; thence leaving said northerly boundary along a line South 60 °09'30" East which is 25 feet northeasterly and parallel with the southwesterly boundary of said lands of Pacific, Gas and Electric Company, 34.50 feet to the easterly boundary of said lands of Pacific, Gas and Electric Company. This description was prepared by me or under my direction in conformance with the requirement of the Land Surveyor's Act. Prepared by: Paul Jensen Professional Land Surveyor #4627 May 8, 2008 Prepared by: Paul Jensen Professional Land Surveyor #4627 May 8, 2008 28 of 44 EXHIBIT "H" APN 393 -21 -005 All that certain real property in the City of Saratoga, County of Santa Clara, State of California: A easement for ingress, egress and utilities, lying within the lands conveyed to Pacific Gas and Electric Company, by deed recorded on December 14, 1954 being Parcel 3, in Book 3078, at Page 11 Official Records of Santa Clara County, which area lies southwesterly of the following described line: Commencing at the north corner of said Parcel 3; thence along the westerly boundary of said Parcel 3 South 17 °30'30" East 28.86 feet to the True Point of Beginning; thence leaving said westerly boundary along a line South 77 °32'30" East which is 25 feet southwesterly and parallel with the northeasterly boundary of said lands of Parcel 3, 39.80 feet to the southeasterly boundary of said lands of Parcel 3. This description was prepared by me or under my direction in conformance with the requirement of the Land Surveyor's Act. All that certain real property in the City of Saratoga, County of Santa Clara, State of California: A 20 feet easement for ingress, egress and utilities, lying within the lands conveyed to Pacific Gas and Electric Company, by deed recorded on May 11, 1955 in Book 3166, at Page 249 Official Records of Santa Clara County, which centerline of said 15 feet easement described as follows: Commencing at the west comer of said lands of Pacific Gas and Electric Company; thence along the northwesterly boundary of said lands of Pacific Gas and Electric Company North 58°10'00" East 42.58 feet to the True Point of Beginning; thence leaving said northwesterly boundary along a line South 60 °06'0.0" East which is 37.5 feet southwesterly and parallel with the northeasterly boundary of said lands of Pacific Gas and Electric Company 114.17 feet to a non - tangent curve concave southwesterly, having a radius of 1832.41 feet, a radial line to said curve bears North 36 °24'06" East, thence southeasterly along said curve through a central angle of 6 °49'50" an arc length of 218.45 feet to the southwesterly boundary of said lands of Pacific Gas and Electric Company. This description was prepared by me or under my direction in conformance with the requirement of the Land Surveyor's Act. Prepared by: Paul Jensen Professional Land Surveyor #4627 May 16, 2008 30 of 44 EXHIBIT "I" APN 393 -21 -013 LAND se/ J£/11 #4627 * EXP. g'3Q- o j' 31of44 NOTOCYOOT m._ », \�_ 32 of 44 EXHIBIT `B" COMPARABLE SALES DATA June 10, 2008 08 -ASJ -082 0 a) a) I.n En o 0 0 w 3 C4 w 0 0 0) C4 z er x cv 'Tr 0 69 0, 00 O Si" 01 O 00 O tfl 69 00 _ o O � DO M 'Cr O (- O l- O ^ a, 69 0 00 C•1 N 69 00 00 N 00 ( 00 00 00 O 00 a) - 0 ..• ---,. 0 ro (;) _ ' . ..-. r v.... ,, ' W C M .. ..,....2.,,. wirk: I 0,--- • ,— - r . - . 2-- 1*0 i_ \ " - E •ZC \ co Z; : ii. ecili‘ '164—Ili' . 4 N I 0 ■-, ----,-- --Ay cpc --,,,,l- ,_ 1 \ t ' - b-----; 1.1 I w , ,,, . .. .-J ---1 5.E c --- - ii Nt's t .(aril--43 "r--- ma 1 I r :. ...4.1 j _ D cc. 13 -c 2 0 = c4 el ...,, .. TO • 0 .c 0 1.4etri o?- - ...-- 0 CC LL k _ 0 IP 0 * :.= o 6 ..., ,.....a. Tel 17; • 0 CL .> •,._I nc= -1- .2 ,_ .E . -; .- u) 0 m c „ O 0 .;.t., 01 , 1 _._ .....• Ce_ ...., i ) -' -0 < ‘..., C (1) co -"" ..-',------- f 0 ... - 0 e :0 ) ce:, .0 03 0 e-,.._ . - 1_, CL' '• -, 0 ___ •,• • 01;•,",,, 6 z . , ( - a ..'" CI- -7. , cc, zo -2; _ ,,. to ,.... Q ., cL> /,'" --+ -)C 6 "sc 0 0 .1 0 v — CD 01 4v ...-• sU .t 6 (+3 . 1.1... t -=-.- c•Ne D -• ,.. ,. 0 co 0) C CO re ,•- N. s'•,•,, .,- . p--- , '0 C • -44 co 0 a) . ..-P .- c 1D • m . • ca 0 .,.; --; 0 z f, ,----, - a 0 CL: C 0 0 Z .42 l il = a) 03 ) z L_, 2 . 0 ..._. C ,71 0 )0 7 6 0 U) al a) C W i■ = ,, . a) al 35 of 44 EXHIBIT "C" VALUATION NARRATIVE VALUATION TABLES June 10, 2008 08 -ASJ -082 Summary Appraisal Statement 08 -ASJ -082, Saratoga de Anza Trail Acquisition Saratoga, Santa Clara County, California Valuation Narrative The following analysis involves the valuation of the larger subject property in the before condition, valuation of the proposed take area, and valuation of the larger remainder subject property in the after condition to determine severance damages. I. Value of the Larger Property in Before Take Condition Comparable Data and Analysis 36 of 44 Table 1 in Exhibit B shows the comparable sales used by the appraisers in estimating market value for the subject property. The subject property has restricted development potential due to the presence of the high voltage wires /towers and underground water pipeline. This analysis is addressing the value of the larger subject property as currently encumbered by the existing utility infrastructure. The resulting value conclusion will be based on a continued utility infrastructure use (i.e. the value conclusion will represent surface use rights only as the underground and aerial rights are retained by /for the existing utility infrastructure). The selected comparable land sales are presented below and represent sites that likely cannot be developed due to various factors including topography, water /sewer availability, and legal issues. Comparable 1 is the May 2008 close of escrow on the property located at 81 Sylvan Way in the community of La Honda in San Mateo County. This is a 0.48 acre or 20,909 square foot site which has an irregular shape and sloping topography. However, the property has a deed restriction which prevents drilling a water well, and community water is not available to the property. According to the listing broker involved in this transaction, the deed restriction has been in place since the 1930s and it was the broker's opinion that the chance that the deed restriction could be removed was "slim to none." With the lack of water, the site is not developable. The site was marketed for picnic, storage, or recreational vehicle use. The buyer lives nearby and intends to use the property for storage purposes. The reported sale price of $30,000 is equivalent to $1.43 per square foot of land area. Comparable 2 is the December 2007 close of escrow on a 2,178 square foot site located on Berlin Avenue in Half Moon Bay. This is a level site which is currently unbuildable due to water and sewer access issues, as well as the lack of existing streets. The area in which this property is located previously had a PUD (Planned Unit Development) permit but this has expired and the issuance of a new PUD would require the cooperation of all property owners in the area. However, the broker involved in the transaction believed that it is highly unlikely that the City of Half Moon Bay will approve any development on this property June 10, 2008 08 -ASJ -082 Summary Appraisal Statement 08 -ASJ -082, Saratoga de Anza Trail Acquisition Saratoga, Santa Clara County, California 37 of 44 "in our lifetimes." The buyer purchased the property for long term investment holding, believing that the property may be developable some day. The purchase price of $4,000 is equivalent to $1.84 per square foot of land area. Comparable 3 is the October 2007 close of escrow on a 17,860 square foot property located on Upper Lock Avenue in Belmont. This property has sloping topography and is in an area prone to landslides. Upper Lock Avenue is deemed by the City of Belmont to be an unimproved roadway as it does not meet City standards regarding street construction. Development on this comparable property would require the widening and upgrading of Upper Lock Avenue, which not only serves this property but other sites in the area. The broker involved in the transaction indicated that the property is currently unbuildable due to these issues, although the buyer believed that development may someday occur and purchased this property for speculative holding purposes. The purchase price of $5,000 is equivalent to $0.28 per square foot of land area. Comparable 4 is the November 2006 close of escrow on a property located on the south side of Helen Way in Los Gatos. This property is located in the Santa Cruz Mountains and contains a total of 0.35 acres or 15,246 square feet of land area. The intended use is residential, but the property is reportedly currently undevelopable due to slope /landslide issues. The reported sale price of $22,000 is equivalent to $1.44 per square foot of land area. The property was marketed as a camping and recreation use site, but the buyer's intended use is not known. The comparable sales indicate an unadjusted price range of $0.28 to $1.84 per square foot of land area, although most fall in the upper portion of the range. All of the comparables represent sites which are not currently developable, and may never be developable, for a variety of reasons. While some of the comparables may have some future development potential, this was reported to be considered highly speculative on the part of the participants in these transactions. All of the comparables are located in residentially oriented areas in Santa Clara and San Mateo Counties. They are all relatively small sites in comparison with the subject, and a larger site will typically sell for less on a per square foot basis due to economies of scale. Valve Conclusion Subsequent to consideration for the above factors, a value of $1.50 per square foot of land area is supported for the larger subject property in the before condition. This represents the value of the larger property as currently encumbered by the existing utility infrastructure improvements (i.e. the property rights required for the existing utility infrastructure and the June 10, 2008 08- ASJ -082 Summary Appraisal Statement 08 -ASJ -082, Saratoga de Anza Trail Acquisition Saratoga, Santa Clara County, California value of those rights have already been extracted). Application of this value conclusion to the larger property land area results in a value conclusion in the before condition of $734,037 (489,358 square feet x $1.50 per square foot). This is rounded to a value conclusion of $734,000. II. Value of Take as Part of the Whole 38 of 44 As part of the Saratoga de Anza Trail Project, the City of Saratoga is acquiring an ingress /egress easement across the larger PG &E owned subject site. According to the legal descriptions provided for review, and reproduced in Exhibit A, the land area impacted by the partial acquisition amounts to 126,988 square feet. Starting at Saratoga - Sunnyvale Road, the easement will commence at approximately 63 feet wide to allow for a small parking area. The trail will subsequently narrow to approximately 15 feet wide for most of its length as it extends in a generally southeasterly direction, widening to 20 feet at some locations and widening further to extend around the existing high voltage towers. A gap occurs in the trail near Cox Avenue due to separate ownership (non -PG &E) of three intervening parcels. The trail will terminate at Saratoga Avenue. The portion of the proposed trail being addressed in this report terminates just short of Saratoga Avenue as the final segment of the trail will cross non -PG &E owned lands. The trail will be located along the northern property line and will be surfaced with decomposed granite. The project will include re- vegetation along the trail corridor and construction of two bridges to cross Rodeo Creek and Saratoga Creek. Minimal grading and excavation would occur with the right of way as part of the development of the trail, with ground disturbance generally extending to a maximum depth of nine inches (according to the Mitigated Negative Declaration prepared by LSA Associates in April 2007). The proposed subject easement will not hinder the continued use of the property for utility transmission purposes, consisting of the overhead high voltage wires and underground water pipeline. The proposed easement will grant to the City of Saratoga ingress /egress rights for the construction of a pedestrian/biking trail across the larger subject property. Typically, the placing of an ingress /egress easement across a property would result in a division of the property rights and value between the parties involved. However, the concluded value for the larger subject property in the before condition is already reflective of the continued use of the property for the existing utility infrastructure improvements. That is, the property rights, and the value of those rights, to be retained for the utility infrastructure use have already been extracted in the concluded before condition value. The before take value conclusion essentially represents the residual surface use rights subsequent to the placement June 10, 2008 08 -ASJ -082 Summary Appraisal Statement 08 -ASJ -082, Saratoga de Anza Trail Acquisition Saratoga, Santa Clara County, California III. Severance Damage June 10, 2008 of the utility infrastructure on site. The value of the proposed subject easement is concluded at 100 percent of the before take value. Application of the concluded fee simple value of $1.50 per square foot of land area as was indicated in the prior section, the value of the take area is calculated as follows: The proposed surface easement area is currently unimproved, with the exception of improvements relating to the existing utility infrastructure. However, these improvements will remain in place and will continue to be accessible following enactment of the proposed surface easement. Therefore, no value is assigned to the improvements in the take area. The value, if any, of severance damages to a property is based on the value in before condition less the value of the property in after condition, with an additional deduction from the difference for the permanent take value already estimated. To estimate the value of the subject property in the after condition, the same comparable data will be considered. The same analysis as was previously discussed remains applicable for the subject property. The larger subject property in the after condition is essentially the same as in the before condition, with the exception of the new ingress /egress easement encumbrance. The value of the larger land areas not encumbered by the ingress /egress easement are concluded to be the same in the after condition as in the before condition ($1.50 per square foot). The value of the land area encumbered by the City of Saratoga ingress /egress easements is concluded to be zero percent of the previously concluded before condition value (since the take represents all of the remaining property rights after the property rights required for the existing utility infrastructure are extracted). Application of these estimates results in after take values for the remainder property as follows: Encumbered Land Area Unencumbered Land Area Total After Take Value Rounded Rounded 39 of 44 126,988 sq. ft. x $1.50 /sq. ft. x 100% _ $190,482 $1.50 /sf x 126,988 sf x 0% $1.50 /sf x 362,370 sf x 100% $190,000 0 - $543,555 - $543,555 - $544,000 08 -ASJ -082 40 of 44 Summary Appraisal Statement 08 -ASJ -082, Saratoga de Anza Trail Acquisition Saratoga, Santa Clara County, California Subtracting the above after -take value of the subject property from the before -take value of the entire property results in a difference as follows: Value in Before -Take Condition $734,000 Less Value of Take $190,000 Less Value in After -Take Condition $544,000 Difference $ 0 IV. Total Value of Permanent Take and Severance Damages The previously estimated values of the take and severance damages are added together in order to estimate the total compensation value for the subject property as follows: Permanent Take Value Severance Damages $190,000 $ 0 Total Valve S190,000 June 10, 2008 08 -ASJ -082 ' LARGER PARCEL VALUATION Value /Unit x the Units x Interest Valued = Total = Rounded Larger Property Value - Before Take Note; the larger parcel value is for the surface $1.50 / sq.ft. rights only with 489,358 sq.ft. overhead and underground 100% utilities $734,037 remaining $734,000 TAKE PARCEL VALUATION Value of Take Area $1.50 /sq.ft. x 126,988 sq.ft. x 100% = $190,482 = $190,000 DAMAGES /BENEFITS CALCULATIONS Benefits None Before Value of Subject Property $1.50 / sq.ft. x 489,358 sq.ft. x 100% = $734,037 $734,000 Take Value as Part of Whole $1.50 / sq.ft. x 126,988 sq.ft. x 100% = $190,482 ($190 000) Difference $544,000 After Take Value Encumbered Land Area $1.50 /sq.ft. x 126,988 /sq.ft. x 0% = $0 Unencumbered Land Area $1.50 / sq.ft. x 362,370 /sq.ft. x 100% = $543 555 Total After Take Value (rounded) = $544,000 Damages Larger Parcel Before Value = $734,000 Less Value of Take = $190,000 Difference $544,000 T.ecc After Take Value = $544.000 Exhibit C Valuation Summary Appraisal of Saratoga de Anza Trail Saratoga, California 41 of 44 Damages $0 "Total \ "aloe of Proposed Acquisition - Take and Damages $190,000 Source: Cameghi -Blum & Partners, Inc. June 2008 08asj082 Valuation Summary 42 of 44 EXHIBIT "D" SCOPE OF WORK GENERAL ASSUMPTIONS AND LIMITING CONDITIONS DEFINITION OF FAIR MARKET VALUE June 10, 2008 08 -ASJ -082 Summary Appraisal Statement 08 -ASJ -082, Saratoga de Anza Trail Acquisition • Saratoga, Santa Clara County, California Scope of Work General Assumptions and Limiting Conditions 43 of 44 The scope of work for this appraisal is to use the appropriate approaches to value in accordance with the Uniform Standards of Professional Appraisal Practice (USPAP) to arrive at a market value conclusion. Specific steps include the inspection of the subject property and the research, analysis and verification of comparable data to arrive at a value indication as put forth in this report. The Direct Sales Comparison Approach is considered to be the best indicator for the subject property. The Cost and Income Approaches were not used, due to the fact that the market for this type of property does not rely on these approaches. 1. It is the client's responsibility to read this report and to inform the appraisers of any errors or omissions of which he /she is aware prior to utilizing this report or making it available to any third party. 2. No responsibility is assumed for legal matters. It is assumed that title of the property is marketable and it is free and clear of liens, encumbrances and special assessments other than as stated in this report. 3. Plot plans and maps are included to assist the reader in visualizing the property. Information, estimates, and opinions furnished to the appraiser, and contained in the report, were obtained from sources considered reliable and believed to be true and correct. However, no responsibility for accuracy of such items furnished the appraisers is assumed by the appraisers. 4. All information has been checked where possible and is believed to be correct, but is not guaranteed as such. 5. The appraisers assume that there are no hidden or unapparent conditions of the property, subsoil, or structures, which would render it more or less valuable. The appraisers assume no responsibility for such conditions, or for engineering which might be required to discover such factors. It is assumed that no soil contamination exists as a result of chemical drainage or leakage in connection with any production operations on or near the property. 6. In this assignment, the existence (if any) of potentially hazardous materials used in the construction or maintenance of the improvements or disposed of on the site has not been considered. These materials may include (but are not limited to) the existence of June 10, 2008 08 -ASJ -082 Summary Appraisal Statement 08 -ASJ -082, Saratoga de Anza Trail Acquisition Saratoga, Santa Clara County, California formaldehyde foam insulation, asbestos insulation, or toxic wastes. The appraisers are not qualified to detect such substances; the client is advised to retain an expert in this field. 7. Neither all nor part of the contents of this report shall be conveyed to the public through advertising, public relations, new sales, or other media without the written consent and approval of the appraisers, particularly as to the valuation conclusions, the identity of the appraisers, or any reference to the Appraisal Institute or the MAI designation. Definition of Fair Market Value The measure of "just compensation" is "market value ". Section 1263.320 of the Code of Civil Procedure defines market value as: a) The fair - market value of the property taken is the highest price on the date of valuation that would be agreed to by a seller, being willing to sell but under no particular or urgent necessity for so doing, nor obliged to sell, and a buyer, being ready, willing and able to buy but under no particular necessity for so doing, each dealing with the other with full knowledge of all the uses and purposes for which the property is reasonably adaptable and available. b) The fair - market value of property taken for which there is no relevant comparable market is its value on the date of valuation as determined by any method of valuation that is just and equitable. June 10, 2008 44 of 44 08 -ASJ -082 E. CLEMENT SHUTE, ■R." MARK I. WEINBERGER (1946 -2005) FRAN M. LAYTON RACHEL B. HOOPER ELLEN J. GARBER TAMARA 5. GALANTER ANDREW W. SCHWARTZ ELLISON FOLK RICHARD 5. TAYLOR WILLIAM J. WHITE ROBERT 5. PERLMUTTER OSA L. WOLFF MATTHEW D. ZINN CATHERINE C. ENGBERG AMY J. BRICKER GABRIEL M.B. ROSS DEBORAH L. KEETH WINTER KING AMANDA R. GARCIA `SENIOR COUNSEL Via Facsimile and U.S. Mail SHUTE, MIHALY & - WEINBERGER LLP ATTORNEYS AT LAW 396 HAYES STREET SAN FRANCISCO, CALIFORNIA 94102 TELEPHONE: (41 5) 552 -7272 FACSIMILE: (4 15) 552-5816 WWW.SMWLAW.COM April 20, 2010 HEATHER M. MINNER ERIN B. CHALMERS MARY J. REICHERT BRIANNA R. FAIRBANKS LAUREL L. IMPETT, AICP CARMEN J. BORG, AICP URBAN PLANNERS HEATHER M. MINNER MINNER @SMWLAW.COM (415) 552-7272 Exr. 260 Cesar V. Alegria Pacific Gas &.Electric 77 Beale Street Mail Code B30A San Francisco, CA 94105 Facsimile (415) 973 -5520 Re: Notice of Intent to Adopt Resolution of Necessity for Santa Clara Valley Water District Easement Dear Mr. Alegria: The law provides procedures for public agencies to acquire private property for public use. It requires that every agency that intends to condemn property notify the owners of its intention to condemn. California Code of Civil Procedure (CCP) section 1240.030 provides that the power of eminent domain may be exercised to acquire property for a proposed project if the following three conditions are established: (A) The public interest and necessity require the project. (B) The project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury. (C) The property sought to be acquired is necessary for the project. Also, CCP Section 1245.230 requires that the offer required by section 7267.2 of the Government Code has been made to the owner of record. Cesar V. Alegria April 20, 2010 Page 2 On April 19, 2010 the City of Saratoga ( "City ") sent by certified and electronic mail an offer to purchase a 1,150 square foot access easement in Pacific Gas & Electric right of way adjacent to Rodeo Creek in the City of Saratoga ( "the property "). A description of the property is attached to this Notice as Exhibit A. You are hereby notified that the City Council of the City of Saratoga ( "City ") at its meeting to be held on May 5, 2010 at 7:00 p.m. will be asked to decide if the above conditions have been met concerning the property and, if so, to adopt a Resolution of Necessity ( "RON "). The meeting will be held at Saratoga City Hall, Civic Theater /Council Chambers, 13777 Fruitvale Avenue, Saratoga, CA 95070. The amount of compensation to be paid or the value of the property to be acquired will not be determined in this proceeding. The City's adoption of the RON authorizes the City to acquire the property by eminent domain. Within six months after the adoption of the Resolution, the City will prepare and file a complaint in Superior Court commencing the eminent domain proceeding or amend the complaint in an existing eminent domain proceeding. All issues related to the compensation to be awarded for the acquisition of the property will be resolved in this court proceeding. The law provides an opportunity to appear before the City Council and raise questions concerning the three conditions referred to in CCP 1240.030 as cited above. If you file a written request to appear (within 15 days after the mailing of this Notice), you are entitled to appear and object to the adoption of the RON. If you have any questions, please call me or Andrew Schwartz at (415) 552 -7272. Exhibit A: Legal Description Very truly yours, SHUTE, MIHALY & WEINBERGER LLP Heather M. Minner cc: John Cherbone, Director of Public Works, City of Saratoga P: \SARATOGA \De Anza Trail\Eminent domain\tanm011 (Notice Letter4- 20- 20).doc Exhibit 66 A -R1 Being an easement, 20 feet in width for ingress and egress, lying within the lands conveyed to Pacific Gas and Electric by deed recorded on March 22, 1955 in Book 3121 at page 217, Official Records of Santa Clara County. The center line of which is described as follows: Commencing at the most easterly corner of the lands conveyed to Pacific Gas and Electric recorded on February 7, 1955 as Parcel 1, in Book 3078 at page 11, Official Records of Santa Clara County; thence South 60 °06' East along the northeasterly boundary of said lands of Pacific Gas and Electric 691.36 feet to the True Point of Beginning; thence leaving said northeasterly boundary South 29 °54' West 32.5 feet; thence South 60 °06' East 25 feet plus or minus to the northwesterly boundary of Santa Clara Valley Water District easement, being Rodeo Creek right of way recorded in Book 8995 at page 233, Official Records of Santa Clara County. Prepared by: Paul Jensen Professional Land Surveyor #4627 March 31, 2010