HomeMy WebLinkAboutItem 7a - Recommend Adoption of Resolution of Necessity for Acquisition by Eminent Domain for Public Purposes in Connection with California and Taft Roundabout Item 7a
Department: Public Works
Cost Center: 9501
For Agenda of: 9/16/2025
Placement: Public Hearing
Estimated Time: 60 Minutes
FROM: Aaron Floyd, Interim Public Works Director
Prepared By: Luke Schwartz, Transportation Manager
SUBJECT: RECOMMEND ADOPTION OF RESOLUTION OF NECESSITY FOR THE
ACQUISITION BY EMINENT DOMAIN OF CERTAIN REAL PROPERTY
INTERESTS (ASSESSOR’S PARCEL NUMBER 001 -043-027) FOR
PUBLIC PURPOSES IN CONNECTION WITH THE CALIFORNIA & TAFT
ROUNDABOUT PROJECT
RECOMMENDATION
1. Adopt a Draft Resolution entitled “A Resolution of the City Council of the City of San
Luis Obispo, California, Declaring Certain Real Property Interests Necessary for
Public Purposes and Authorizing the Acquisition Thereof in Connection with the
California & Taft Roundabout Project (Certain Real Property Interests on APN 001-
043-027)”, included as Attachment A (“Resolution of Necessity”); and
2. Open and conduct a hearing on the adoption of the proposed Resolution of Necessity,
receive the evidence referenced in this Agenda Report (“Report”), take testimony from
anyone wishing to address issues A, B, C, and D as outlined in the Report, and
consider all evidence presented to determine whether to adopt the proposed
Resolution of Necessity; and
3. If the City Council finds, based on the evidence contained and referred to in this
Report, the testimony and comments submitted to the City Council, that the evidence
warrants the necessary findings with respect to the proposed Resolution of Necessity,
then City Staff recommends that the City Council, in the exercise of its discretion,
adopt proposed Draft Resolution which requires a 4/5ths vote of the entire City
Council, authorizing the acquisition by eminent domain of the real property interests
summarized below, described more particularly in the Exhibits to the Resolution of
Necessity and referred to collectively as the "subject Property Interests”:
578 California Boulevard, San Luis Obispo, CA (APN 001-043-027) (“Property”)
Owned by Kirit Chunibhai Patel and Gita Kirit Patel, Trustees of the Kirit
Chunibhai Patel and Gita Girit Patel 1992 Revocable Trust
o An approximate 2,182 square foot fee portion of the Property for public street and
right-of-way purposes, public utilities, drainage, and all uses necessary or
convenient thereto in connection with the California & Taft Roundabout Project
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(Project) described more particularly on EXHIBIT “A” and depicted on EXHIBIT “B”
to the Resolution of Necessity; and
o An approximate 763 square foot temporary construction easement with a term of
18 months on the Property to facilitate the construction of the California & T aft
Roundabout Project described more particularly on EXHIBIT “C” and depicted on
EXHIBIT “D” to the Resolution of Necessity; and
o An approximate 1,614 square foot temporary non -exclusive access easement for
a term of 18 months on the Property for ingress and egress and to complete
driveway tie-in work and conform driveway to adjacent public street improvements
in connection with the construction of the California & Taft Roundabout Project
described more particularly on EXHIBIT “E” and depicted on EXHIBIT “F ” to the
Resolution of Necessity; and
4. If the City Council adopts the proposed Resolution of Necessity, authorize the City’s
legal counsel to file and prosecute eminent domain proceedings for the acquisition of
the Subject Property Interests by eminent domain; and
5. Authorize the City Manager to execute all necessary documents; and
6. Authorize the City Clerk to certify the adoption of the Resolution of Necessity; and
7. Authorize the Finance Director or their designee to approve purchases relat ed to legal
costs to support eminent domain proceedings up to $400,000; and
8. Authorize the Finance Director or their designee to approve other purchases related
to property acquisition efforts for the California & Taft Roundabout Project (Account
#2091503), including property purchases within the authorization previously provided
by Council in closed session, up to the currently available project budget , and any
subsequently amended budget approved by the City Manager .
REPORT-IN-BRIEF
City Public Works staff have been progressing with plans to construct a roundabout at the
intersection of California Boulevard and Taft Street (“Project”) since 2017. The existing
unsignalized intersection operates deficiently per the City’s adopted performance
thresholds and experiences a high rate of collisions. Installation of a roundabout has been
identified as the preferred mitigation strategy to improve operations and safety at this
intersection and is consistent with the recommendations of the City’s General Plan
Circulation Element, Active Transportation Plan, previous Traffic Safety Reports, and
Draft Vision Zero Action Plan.
The City cannot construct the Project without the acquisition of the Subject Property
Interests from the property at 578 California Boulevard (“Property”). Staff has attempted
to negotiate in good faith with the record owners, Kirit Chunibhai Patel and Gita Kirit Patel,
Trustees of the Kirit Chunibhai Patel and Gita Girit Patel 1992 Revocable Trust (“Record
Owners”) since 2017. Specifically, the City obtained a fair market value estimate of the
just compensation for the Subject Property Interests and several updates to the fair
market value estimate and presented written offers many times since 2017 in accordance
with the requirements of Government Code 7627.2. The most recent offer was dated May
28, 2025.
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Despite significant efforts by the City to attempt to reach a negotiated agreement with the
Record Owners for the Subject Property Interests, negotiations have been unsuccessful.
The Record Owners have not been responsive to the City’s efforts for several years.
Based on the timing of the Project, it is necessary that the City consider the adoption of
the Resolution of Necessity (Attachment A) at this time. The adoption of a Resolution
would authorize initiation of the eminent domain process, but does not preclude the City
from continuing to attempt to reach an agreement with the Record Owners for the
acquisition of the Subject Property Interests.
POLICY CONTEXT
The City’s Financial Management Manual establishes policies and procedures governing
the acquisition of real property, rights-of-way, and easements. Section 475-B provides
that the City Council must authorize all such acquisitions, whether in fee title or by
easement, and that these actions are typically programmed through the Financial Plan or
Capital Improvement Program (CIP). The Manual further requires that all acquisitions be
consistent with adopted City plans and policies and that the Planning Commission review
proposed acquisitions for General Plan consistency in accordance with Government
Code Section 65402.
For the acquisition of right-of-way, the City’s Financial Management Manual specifies that
the City follows the State of California Streets and Highways Code for acquisition,
vacation, and abandonment procedures, while reserving utility easements as necessary
to protect public infrastructure.
The City’s Purchasing Policy, Section 200, sets forth requirements for procuring
professional services necessary to support real property acquisition, including appraisal,
review appraisal, title services, relocation assistance, and right -of-way engineering or
negotiation. All such services must be procured in accordance with established thresholds
and competitive selection procedures, with City Council approval required for contracts
of $200,000 or more.
The primary statutes governing the eminent domain process in California are found in the
California Code of Civil Procedure (CCP) Sections 1230.010 through 1247.380, which
detail the procedures for such actions, including property valuation methods, negotiation
requirements, and court proceedings. Additionally, the California Government Code
(CGC) Section 7267.2 outlines mandatory steps a public entity must take before acquiring
property, such as making a compensation offer and providing an informational pamphlet
to the property owner.
These policies collectively provide the framework under which the City may proceed with
the adoption of a Resolution of Necessity to acquire property interests by eminent domain
for public purposes. The California and Taft Roundabout Pro ject is included in the City’s
adopted CIP (see pg. 382), and was determined by the Planning Commission to be
consistent with the City’s General Plan (see Agenda Item 3b), and requires the acquisition
of specific right-of-way and easement interests to proceed.
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INTRODUCTION
The City Council has before it a proposed Resolution of Necessity for the acquisition by
eminent domain of the Subject Property Interests described above and in the attached
Resolution of Necessity in connection with the proposed California & Taft Roundabout
Project. The City seeks to acquire the Subject Property Interests described above for
public use, namely for public street, roadway, utilities, drainage and all uses necessary or
convenient thereto in connection with the Project. The City seeks to construct the Project
to alleviate congestion, improve safety for vehicles, bicyclists and pedestrians, increase
capacity and improve traffic flow at the intersection of California Boulevard and Taft
Street.
The intersection of California Boulevard and Taft Street is identified in the City’s General
Plan Circulation Element (pg. 2-35) and in the California Polytechnic University (Cal Poly)
Housing South Environmental Impact Report (EIR) (pg. 12-14) as operating with levels of
traffic congestion and vehicle delay that exceed the City’s adopted performance
thresholds. In addition, this intersection has been identified as a high colli sion-rate
intersection in the City’s previous Traffic Safety Reports and recent 2025 Draft Vision
Zero Action Plan1. The City’s 2021 Active Transportation Plan (ATP) (see pg. 4 of the
ATP Project List) also recommends modifications to this intersection to improve bicycle
and pedestrian crossings—the need for which has increased with the recent extension of
the Railroad Safety Trail along California Boulevard between Taft and Pepper Streets.
Reconstruction of this intersection as a single-lane urban roundabout is recommended in
each of the planning documents referenced above as the appropriate mitigation measure
to improve both traffic operations, pedestrian/bicycle crossings, and safety for all road
users. The City’s General Plan Circulation Element and City Engineering Standards also
include policies that prioritize roundabouts as the preferred form of intersection control for
intersections that may otherwise be considered for signalization or all-way stop control.
Despite several years of good faith negotiations, City Public Works staff has been
unsuccessful with acquiring the necessary right-of-way needed to support construction of
a proposed roundabout at the intersection of California Boulevard and Taft Street. The
purpose of this agenda item and public hearing is to request that the City Council consider
the adoption of the attached Resolution of Necessity to authorize the acquisition of the
Subject Property Interests necessary for the Project by eminent domain. As discussed
below, the City has provided to the record owners of the Property the required notice
pursuant to Code of Civil Procedure section 1245.235 of their right to appear and be heard
regarding the proposed adoption of the Resolution of Necessity.
DISCUSSION
Background
1 More information on the City’s archived Traffic Safety Reports and Draft Vision Zero Action Plan are
available on the City’s Traffic Safety webpage. See pg. 18, A-7, A-10, A-11, A-15 of Vision Zero Action
Plan.
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The intersection of California Boulevard & Taft Street is currently unsignalized, with stop
control on the side street approach (Taft Street). The intersection serves a high level of
vehicle, pedestrian, and bicycle activity due to its proximity to the Cal Poly campus,
nearby retail businesses, transit stops, and the Railroad Safety Trail pedestrian and
bicycle path, which runs along the west side of California Boulevard. The intersection
currently operates deficiently per the City’s adopted level of service (LOS) performance
thresholds, and experiences significant congestion and delays during peak traffic periods.
The intersection also experiences a high rate of collisions, as reported in previous
publications of the City’s Traffic Safety Report and in the City’s recently published Draft
Vision Zero Action Plan. In the past 10 years of available collision data (2019 -2023), there
have been 34 reported collisions at this intersection, including 18 injury collisions and two
(2) collisions resulting in severe injuries. Roughly half (44%) of these incide nts involved
head-on or broadside collision types, which are typically reduced with addition of a
roundabout, which has been proposed as the preferred mitigation strategy for this
intersection.
The City Public Works Department has been working on preparat ion of construction plans
for a new roundabout at the California Boulevard & Taft Street intersection since 2017,
and construction documents are now substantially complete. Figure 1 below illustrates
the proposed roundabout design concept, while Attachment B to this report provides a
larger size exhibit.
Figure 1: California Blvd./Taft St. Roundabout Design Concept
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Due to the footprint of the roundabout, rights -of-way and temporary construction
easements are necessary on both the northeast (552 Californ ia Boulevard) and southeast
(578 California Boulevard) properties adjacent to the intersection. The City has
successfully negotiated the purchase of the necessary real property interests from the
real property located at 552 California Boulevard on the northeast corner. As of the date
of this Report, however, the City has not reached mutual agreement for the purchase of
the Subject Property Interests from the Property located at the southeast corner
commonly known as 578 California Boulevard, despite ongoin g negotiations. Based on
the need to proceed with the much-needed public street improvements in connection with
the Project and the City staff’s attempt to negotiate in good faith with the Record Owners
of the Property since 2017, staff recommend that the City Council consider the adoption
of the attached Resolution of Necessity to authorize the acquisition of the Subject
Property Interests by eminent domain. Further details on the Subject Property and
negotiations to date are provided later in this report.
Project Benefits and Design Alternatives Considered
A roundabout has been proposed as the preferred intersection design for the Project not
only because this is consistent with the City’s adopted plans and policies, but because a
roundabout is expected to provide superior benefit to the traveling public in terms of traffic
operations, lower greenhouse gas emissions, and improved safety compared to other
potential intersection-control alternatives. The Federal Highway Administration (FHWA)
identifies roundabouts as a Proven Safety Countermeasure because they have been
proven to:
Promote lower traffic speeds
Reduce intersection conflict points
Improve traffic operations, reducing congestion, delays and vehicle emissions
Reduce severity of collisions and improve safety
According to FHWA, converting a side-street stop-controlled intersection to a roundabout
can reduce potential for fatal and severe injury collisions by 82% on average. Other
potential intersection-design alternatives, such as installation of a traffic signal or all-way
stop control are not recommended for the intersection because these alternatives would
not provide the same level of circulation and safety benefits to the public. Based on
analysis of these alternatives, an all-way stop configuration would result in deficient traffic
operations and a traffic signal would operate less efficiently than a roundabout and
provide less safety benefit. For example, FHWA reports that replacing a traffic signal with
a roundabout reduces potential for fatal and severe injury collisions by 78%, on average.
For the above reasons and for consistency with the City’s adopted circulation and safety
plans, City staff recommend that the City Council continue to prioritize construction of a
roundabout as the preferred design for the Project.
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Description of the Property and the Subject Property Interests
The Property is located at 578 California Boulevard, San Luis Obispo, California, and is
identified as County of San Luis Obispo Tax Assessor’s Parcel Number 001-043-027.
The Property is 22,216 square feet (0.51 -acre) in size. It is located on the southeast
corner of the California Boulevard and Taft Street intersection and is improved with a
small multi-tenant retail building. The location of the Property is shown in Figure 2 below.
Figure 2: Subject Property Location
The Subject Property Interests that are needed from the Property to construct the Project
are described below and shown at a larger scale in Attachment C attached hereto and
incorporated herein by this reference:
1. An approximate 2,182 square foot portion of the Property in fee for public
street/right-of-way purposes.
2. An approximate 763 square foot temporary construction easement (TCE)
on the Property for a term of 18 months to facilitate the construction of the
Project.
3. An approximate 1,614 square foot temporary non -exclusive access
easement on the Property for a term of 18 months for ingress and egress
and to complete driveway tie-in work and conform the driveway to adjacent
public street improvements.
Taft St
578 California
Blvd.
APN 001-043-027
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Figure 3: 578 California Blvd. Right-of-Way Needs
The approximate 2,182 square foot portion of the Property that the City seeks to acquire
in fee from the Property for public street/right-of-way purposes for the roundabout is not
anticipated to result in any permanent impacts to the use or function of the retail
businesses located on the Property. Access to the retail center will remain available from
one driveway on Taft Street and a second driveway on California Boulevard, as exists
currently, with no reduction in the number of parking spaces located on the Property. The
roundabout construction will require the relocation of an existing monument sign, removal
of a portion of the landscaping that currently exists along the property frontage, and
removal of at least five (5) on-street public parking spaces located in the City’s public right
of way on Taft Street.
City’s Actions Pursuant to Government Code Section 7267.2 & Summary of Good
Faith Negotiations
The City retained Hamner Jewell and Associates as its professional right-of-
way/acquisition consultant to assist the City with the City’s good faith negotiations for the
acquisition of the Subject Property Interests. The City has been attempting to negotiate
with the Record Owners of the Property since 2017. After obtaining independent
appraisals of fair market value of the Subject Property Interests, formal written offers were
extended consistent with Government Code section 7260, et seq. to the Record Owners
of the Property − Kirit Chunibhai Patel and Gita Kirit Patel, Trustees of the Kirit Chunibhai
Patel and Gita Kirit Patel 1992 Revocable Living Trust. Updated appraisals and written
offers were extended in 2018, 2019, 2023, 2024, and most recently in May of 2025. The
most recent offer dated May 28, 2025, was based on an April 17, 2025, date of value.
The May 28, 2025 offer letter (Attachment D) contained an appraisal summary statement
that described the zoning, highest and best use of the Property, explained the appraiser’s
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valuation methodology, and included the comparable sales d ata relied on by the
appraiser. The offer letter offered to pay the reasonable costs, up to $5,000, of an
independent appraisal pursuant to Code of Civil Procedure section 1263.025. Further, the
offer letter included an eminent domain pamphlet explaining the eminent domain process
and the rights of the Record Owners. The City’s most recent offer letter dated May 28,
2025, is incorporated herein by this reference.
In 2017 and 2018, there were productive communications with the Record Owners
regarding the Project and the City’s proposed acquisition of the Subject Property
Interests, including an on-site meeting and several responses to questions posed by the
Record Owners regarding the Project; however, communications ultimately broke down
in 2019. The Record Owners have generally not been responsive to the City’s attempts
to discuss the Project, the City’s offers to purchase the Subject Property Interests, or the
City’s attempts to negotiate in good faith for the acquisition of the Subject Property
Interests despite numerous attempts to contact them via phone, email, and by mail. Early
in negotiations in 2018, the Record Owners verbally suggested a fair compensation value
at an amount more than double the appraised value; however, the City has not yet
received from the Record Owners a formal independent appraisal, valuation information
to support their verbal counteroffer, or a written counteroffer explaining their justification
to support the amount of the verbal counteroffer. Based on initial discussions, the Record
Owners were generally opposed to the construction of the roundabout improvements,
with specific concerns regarding loss of public street parking located in the City’s existing
right of way on Taft Street. Currently, there are eight (8) parking spaces in the public right
of way on Taft Street, and the roundabout construction would require elimination of at
least five (5) of these public street parking spaces. The Project will not impact any private
off-street parking spaces located on the Property itself. The City has not received any
response from the Record Owners following subsequent offers or attempts to contact
them from 2023 to date, including attempts by staff to reach them via phone and email in
2025 ahead of this hearing.
Based on the timing of the Project and because good faith efforts to negotiate on this
matter have been unsuccessful and the Record Owners have been non -responsive for
multiple years, it is necessary that the City Council consider of the Resolution of Necessity
at this time.
City’s Actions Pursuant to Code of Civil Procedure Section 1245.235
Pursuant to Code of Civil Procedure section 1245.235, the City sent a letter and a notice
by first-class mail dated August 27, 2025, to the Record Owners of the Property − Kirit
Chunibhai Patel and Gita Kirit Patel, Trustees of the Kirit Chunibhai Patel and Gita Kirit
Patel 1992 Revocable Living Trust − informing them of the City’s intent to consider at its
September 16, 2025, meeting, the adoption of a Resolution of Necessity for the
acquisition by eminent domain of the Subject Property Interests in connection with the
Project. The notice advised the Record Owners of their right to appear and be heard
regarding the City’s proposed adoption of the Resolution of Necessity by filing, within
fifteen (15) days of the date the notice was mailed, a written request with the City to
appear at the hearing. The notice specifically informed the Record Owners of Property
that they have an opportunity to appear before the City Council and raise questions about
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whether the public interest and necessity require the Project; whether the Project is
planned and located in the manner that will be most compatible with the greatest public
good and the least private injury; and whether the Subject Property Interests the City
seeks to acquire from the Record Owners are necessary for the Project. Per CCP Section
1245.235, the City is not obligated to provide the Record Owners an opportunity to appear
and be heard if they fail to file a written request to do so within fifteen (15) days of the
date the legal notice was mailed. As of September 5th, 2025, City staff has not received
any response from the Record Owners.
AUTHORIZATION FOR ACQUISITION BY EMINENT DOMAIN OF THE SUBJECT
PROPERTY INTERESTS AND FINDINGS REQUIRED FOR ADOPTION OF
RESOLUTIONS OF NECESSITY
The City seeks to acquire the Subject Property Interests described above for public use,
namely for the construction of public street, sidewalk, public utilities, drainage, related
improvements, and all uses necessary or convenient thereto in connection with the
Project pursuant to the authority conferred upon the City to acquire property by eminent
domain by California Constitution, Article 1, section 19, California Government Code
sections 37350, 37350.5, 37351, and 40404 , and California Code of Civil Procedure
section 1230.010 et seq. (Eminent Domain Law), including but not limited to sections
1240.010 through 1240.050, 1240.110, 1240.120, 1240.510, 1240.610, 1240.650, and by
other provisions of law.
Pursuant to Code of Civil Procedure section 1245.235 a public entity may not commence
an eminent domain proceeding until its governing body has adopted a Resolution of
Necessity, which resolution may only be adopted after the governing body has given each
party with an interest in the affected property or their representatives reasonable
opportunity to appear and be heard on the matters referred to in Code of Civil Procedure
section 1240.030. To adopt the proposed Resolution of Necessity for the acquisition by
eminent domain of the Subject Property Interests, the City Council must find and
determine that:
A. The public interest and necessity require the Project; and
B. The Project is planned and located in the manner that will be most
compatible with the greatest public good and the least private injury;
and
C. The Subject Property Interests described in the Resolution of
Necessity are necessary for the Project; and
D. The City has made the offer required by Government Code section
7267.2 to the owner or owners of record of the Subject Property
Interests the City seeks to acquire.
The amount of just compensation is not an issue before the City Council at this hearing.
The hearing relates to issues A, B, C, and D above. The amount of just compens ation
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would be determined in the eminent domain proceeding that the City will file if the City
Council, in its sole discretion, adopts the proposed Resolution of Necessity.
The above four required findings are discussed below.
A. The Public Interest and Necessity Requiring the Project
The Project, as planned and designed, is in the public interest and necessity. The Project
is consistent with the Circulation Element of the General Plan. It is intended to alleviate
congestion, improve safety for vehicles, bicyclists and pedestrians, increase capacity and
improve traffic flow operation at the intersection of California Boulevard and Taft Street.
As described above, the intersection of California Boulevard and Taft Street currently
operates deficiently per the City’s adopted performance thresholds and has a
documented history of collisions and traffic safety concerns. Installation of a roundabout
at this intersection is recommended in the City’s adopted General Plan Circulation
Element, Active Transportation Plan, and multiple safety plans. The Project, which will
improve traffic operations, pedestrian and bicycle access, and improve safety for all road
users, is in the public interest and necessity.
The intersection of California Boulevard and Taft Street is identified in the City’s General
Plan Circulation Element and the California Polytechnic University (Cal Poly) Housing
South Environmental Impact Report (EIR) as operating with levels of traffic congestion
and vehicle delay that exceed the City’s adopted performance thresholds. In addition, this
intersection has been identified as a high collision -rate intersection in the City’s previous
Traffic Safety Reports and recent 2025 Draft Vision Zero Action Plan. The City’s 2021
Active Transportation Plan (ATP) also recommends modifications to this intersection to
improve bicycle and pedestrian crossings—the need for which has increased with the
recent extension of the Railroad Safety Trail along California Boulevard between Taft and
Pepper Street. The roundabout has been proposed as the preferred intersection design
for the Project not only because this is consistent with the City’s adopted plans and
policies, but because a roundabout is expected to provide superior benefit to the traveling
public in terms of traffic operations, lower greenhouse gas emissions, and improved
safety compared to other potential intersection-control alternatives.
The Project is in the public interest and necessity because it seeks to improve safety and
traffic circulation at the intersection of California Boulevard and Taft Street by constructing
a roundabout and related improvements consistent FHWA’s recommendations for such
intersections. As noted above, roundabouts are shown to promote lower traffic speeds,
reduce intersection conflict points, improve traffic operations, reducing congestion, delays
and vehicle emissions, and reduce severity of collisions and improve safety. Base d on
analysis of alternative intersection improvements, an all-way stop configuration would
result in deficient traffic operations and a traffic signal would operate less efficiently than
a roundabout and provide less safety benefit.
Reconstruction of this intersection as a single lane urban roundabout, as planned and
designed, will help improve both traffic operations, pedestrian/bicycle crossings, and
safety for all road users. The City’s General Plan Circulation Element and City
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Engineering Standards also include policies that prioritize roundabouts as the preferred
form of intersection control for intersections that may otherwise be considered for
signalization or all-way stop control.
B. The Project is Planned and Located in the Manner that Will be Most
Compatible with the Greatest Public Good and the Least Private Injury
The Project is planned and located in the manner that is most compatible with the greatest
public good and the least private injury. The Project is planned and designed to construct
necessary public street, sidewalk, public utility, drainage, and related improvements to
alleviate congestion, improve safety and traffic circulation at the consistent with the
Circulation Element of the General Plan. The Project is intended to alleviate congestion,
improve safety for vehicles, bicyclists and pedestrians, increase capacity and improve
traffic flow operation at the intersection of California Boulevard and Taft Street.
The intersection of California Boulevard and Taft Street is identified in the City’s General
Plan Circulation Element and California Polytechnic University (Cal Poly) Housing South
Environmental Impact Report (EIR) as operating with levels of traffic congestion and
vehicle delay that exceed the City’s adopted performance thresholds. In addition, this
intersection has been identified as a high collision -rate intersection in the City’s previous
Traffic Safety Reports and recent 2025 Draft Vision Zero Action Plan. The City’s 2021
Active Transportation Plan (ATP) also recommends modifications to this intersection to
improve bicycle and pedestrian crossings—the need for which has increased with the
recent extension of the Railroad Safety Trail along California Boulevard between Taft and
Pepper Streets.
Reconstruction of this intersection as a single lane urban roundabout, as planned and
designed, will help improve both traffic operations, pedestrian/bicycle crossings, and
safety for all road users. The City’s General Plan Circulation Element and City
Engineering Standards also include policies that prioritize roundabouts as the preferred
form of intersection control for intersections that may otherwise be considered for
signalization or all-way stop control.
In guiding the Project’s design, City staff and engineering design consultants evaluated a
variety of design alternatives. For example, the City considered shifting the alignment of
the proposed roundabout to the west to avoid impacts to private properties on the east
side of the California and Taft intersection; however, this would encroach into the existing
Railroad Safety Trail pedestrian/bicycle path and private property owned by Union Pacific
Railroad (UPRR). UPRR is not supportive of permanent encroachment into this right-of-
way due to proximity to the adjacent active rail corridor and safety concerns. Further, the
City evaluated the potential to reduce the size of the proposed roundabout to minimize
property impacts; however, the roundabout footprint could not be reduced further while
still complying with applicable engineering design standards for safety and functionality.
The City also evaluated alternative intersection design strategies other than a
roundabout, including all-way stop control and installation of a traffic signal. However,
these alternatives would not provide acceptable traffic operations and/or safety benefits
to the public commensurate with the proposed Project, nor would these alternatives
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provide consistency with the City’s adopted circulation and safety plans and policies. The
Project, as currently proposed, offers the greatest public benefit with the least private
detriment.
The Project, as planned and located, is also planned and designed to minimize the impact
on private parcels. The Subject Property Interests consist of (i) an approximate 2,182
square foot portion of the Property in fee for public street/right -of-way purposes; (ii) an
approximate 763 square foot TCE on the Property for a term of 18 months to facilitate the
construction of the Project; and (iii) an approximate 1,614 square foot temporary non -
exclusive access easement on the Property for a term of 18 months for ingress and
egress and to complete driveway tie-in work and conform driveway to adjacent public
street improvements. The construction of the Project and acquisition of the Subject
Property Interests will not impact the structures or parking on the Property. Further, the
construction of the Project and the acquisition of the Subject Property Interests do not
require the relocation of any person or business from the Property.
Sprint Communications Company retains a telecommunications easement across the
Subject Property. However, staff has confirmed with Sprint representatives that no actual
facilities are installed on the Subject Property and the roundabout project and proposed
easement acquisitions do not conflict with any current or planned Sprint facilities. With
this said, the public use for which the City seeks to acquire the Subject Property Interests,
namely for public street, public utilities, drainage improvements, and all uses necessary
or convenient thereto in connection with the Project is a joint and compatible use and will
not unreasonably interfere with or impair the continuance of the public u se to which any
easement holders may have appropriated the Subject Property Inte rests (Code of Civil
Procedure section 1240.510). The Project will not require the relocation of the
interests/facilities of easement holders located in the area of the Subject Property
Interests, and the City’s use of the Subject Property Interests for the Project is for a more
necessary public use within the meaning of Code of Civil Procedure section 1240.650
than the uses to which said public utility easement holders have app ropriated any
easements located in the area of the Subject Property Interests. Accordingly, the City is
authorized to acquire the Subject Property Interests pursu ant to Code of Civil Procedure
sections 1240.510, 1240.610, and 1240.650.
C. The Subject Property Interests are Necessary for the Project
The City cannot construct the Project, as planned and designed, without the Subject
Property Interests. As described above, the Subject Property Interests consist of (i) an
approximate 2,182 square foot portion of the Property in fee for public street/right-of-way
purposes; (ii) an approximate 763 square foot TCE on the Property for a term of 18
months to facilitate the construction of the Project; and (iii) an approximate 1,614 square
foot temporary non-exclusive access easement on the Property for a term of 18 months
for ingress and egress and to complete driveway tie -in work and conform driveway to
adjacent public street improvements. The City cannot construct the necessary public
street, sidewalk, public utility, drainage and related improvements in connection with the
Project without the acquisition of the Subject Property Interests.
Page 377 of 615
Item 7a
D. The City has Made the Offer Required by Government Code Section 7267.2 to
the Record Owner of the Subject Property Interests
As previously described, the City has made several formal offers to acquire the Subject
Property Interests in accordance with Government Code 7267.2. The City’s most recent
offer dated May 28, 2025, was based on an April 17, 2025 date of value.
The May 28, 2025 offer letter contained an appraisal summary statement that described
the zoning, highest and best use of the Property, explained the appraiser’s valuation
methodology, and included the comparable sales data relied on by the appraiser. The
offer letter offered to pay the reasonable costs, up to $5,000, of an independent appraisal
pursuant to Code of Civil Procedure section 1263.025. Further, the offer letter included
an eminent domain pamphlet explaining the eminent domain process and the rights of
the Record Owners.
Incorporation of Documents
The above-referenced documents, including the City’s General Plan, Circulation Element,
Project-related documents, including traffic studies and analyses in connection with the
Project, Environmental Documents discussed below, the May 28, 2025 offer letter, and
the notice sent to the Record Owners pursuant to Code of Civil Procedure section
1245.235 are in the Council Reading File, and are incorporated herein by this reference.
Eminent Domain Process and Next Steps
If the City Council, in its discretion, adopts the Resolution of Necessity, it authorizes the
City’s counsel to initiate an eminent domain proceeding to condemn the Subject Property
Interests. The eminent domain process may take more than a year from initiation of
proceedings to conclusion of proceedings. In an effort to expedite this process and reduce
potential for further delays and escalation of Project costs, staff is proposing that counsel
for the City file a motion for an order for prejudgment posses sion to allow the City to take
possession and control of the property when the City is ready to commence construction.
As part of that process, the City will deposit the probable compensation for the Subject
Property Interests set forth in the City’s offer of May 28, 2025. Construction documents
for the roundabout are substantially complete and could be ready to bid in 2025; however,
considering additional utility coordination required and the likely duration of the eminent
domain process, the most realistic date that the Project could be expected to start
construction is summer of 2026.
Previous Council or Advisory Body Action
The City Council met in Closed Session regarding the real property negotiations on the
following dates, with no reportable actions taken:
July 9, 2018
January 17, 2023
July 11, 2023
June 18, 2024
Page 378 of 615
Item 7a
The Planning Commission reviewed the City’s 2025-27 CIP on May 28, 2025, including
the California & Taft Roundabout Project, and determined the project to be consistent
with the General Plan. The Active Transportation Committee has discussed the
California & Taft Roundabout Project several times over the years, and most recently
identified this project as a high-priority budget goal during their November 21, 2024,
meeting on budget goals for the 2025-27 Financial Plan.
Public Engagement
This item is on the Council Agenda for the September 16, 2025 meeting and will follow
all required notifications to the Record Owners. The public may have an opportunity to
comment on this item at or before the meeting.
CONCURRENCE
The City Public Works Department, City Attorney’s Office, Finance Department and City
Administration have reviewed this staff report and concur with its recommendations.
ENVIRONMENTAL REVIEW
The Project has been evaluated pursuant to requirements of the California Environmental
Quality Act (CEQA) and was found to be Categorica lly Exempt per CEQA Guidelines
section 15301 (Class 1 Exemption – Existing Facilities). A Notice of Exemption (NOE)
was filed for the Project with the San Luis Obispo County Clerk’s Office on June 2, 2019 ,
in accordance with Public Resources Code section 21152. No substantial changes to the
Project designs have been made since 2019 such that revisions to the pre viously
approved NOE would be required. The categorical exemption and NOE are referred to
below collectively as the “Environmental Documents”.
The environmental effects of the acquisition of the real property interests needed for the
Project were studied and analyzed as an integral part of the Environmental Documents
for the Project. On July 28, 2025, City staff reviewed the Environmental Documents in
connection with the City’s review of the proposed acquisition of the Subject Property
Interests and determined that the Project and acquisition of the Subject Property Interest
are consistent with the findings in the Environmental Documents. Pursuant to the criteria
of section 15162 of the CEQA Guidelines and section 21166 of the Public Resources
Code, City staff concluded that no substantial changes have occurred in the Project, no
substantial changes have occurred in the circumstances under with the Project is
undertaken and the City has not obtained any new information of substantial importance
that would require further environmental analysis. These environmental findings are the
appropriate findings with respect to the proposed acquisition of the Subject Property
Interests for the Project.
FISCAL IMPACT
Budgeted: Yes Budget Year: 2025-27
Funding Identified: Yes
Page 379 of 615
Item 7a
Fiscal Analysis:
If the Council chooses to adopt the Resolution of Necessity and authorize the acquisition
of the Subject Property Interests by eminent domain, actual costs of the legal proceedings
are anticipated to range as high as $200,000 or more depending on the ultimate scope
and duration of the proceedings. While staff anticipates that a budget of $200,000 is
reasonable for legal costs related to eminent domain proceedings, if the Council supports
initiating the eminent domain process, staff is recommending that the Council provide
authorization at this time for expenditures up to $400,000 to avoid delays if actual costs
exceed preliminary estimates.
The current available balance in the Project account (Specification No. 20915 03) is
$859,124. Staff believes this is sufficient funding to initiate the eminent domain process
with an estimated budget of $200,000 for legal support and court fees, while retaining
sufficient funds to purchase the Subject Property Interests at the appraised fair market
value of $313,000, resulting in a total anticipated expenditure of $513,000 for property
acquisition and legal costs. This would leave approximately $346,124 in remaining project
contingency funds.
Currently, the total estimated cost for Project construction is $3.98 million, which includes
direct construction costs, contingencies, construction engineering and contract inspection
support, and public communications. In addition to the $346,124 in current funding that is
anticipated to remain following property acquisition and legal expenditures, a n additional
$3.65 million in new funding is programmed for the project in the 2025-27 Financial Plan
for FY2026-27. In total, this will provide $3.99 million in Project funding, which is expected
to be sufficient to fund construction.
While not currently programmed, it should also be noted that Cal Poly is required to
contribute an additional $78,037 in mitigation fees towards construction of the roundabout
as a mitigation requirement per the Cal Poly Housing South Project EIR, with payment to
be provided when construction begins, which will provide additional funding to support
the Project. Cal Poly’s total fair share financial obligation to this project is $97,547, with
20% of this fee already paid towards project pre-construction activities, and the remaining
80% due upon construction initiation.
If successful with right-of-way acquisition, staff will return to Council in 2026 to approve
final plans and specifications and request authorization to advertise for construction bids.
Funding
Sources
Total Budget
Available in
Project Account
2091503
Funding Requested for
Property Acquisition
within Project Account
2091503
Remaining
Balance in
Project Account
2091503
Capital Outlay
(LRM) $359,124 $359,124 $0
Fees: TIF $500,000 $153,876 $346,124
Other:
Total $859,124 $513,000 $346,124
Page 380 of 615
Item 7a
The table above summarizes existing project funding and anticipated project costs to be
incurred for eminent domain legal costs, as well as the ultimate purchase of the required
right-of-way and easements. Construction funding is not requested with this action and is
thus, not shown in the above table.
ALTERNATIVES
1. Council could decide not to adopt a Resolution of Necessity at this time,
directing staff to continue negotiations with the 578 California Boulevard
property owners. The Record Owners have not been responsive to the City’s
attempts to meet with them and engage in good faith negotiations for multiple years,
and it is unlikely that a mutual agreement can be reached at this point. This alternative
could delay the Project for several more years, while construction co sts continue to
escalate.
2. Council could decide not to adopt a Resolution of Necessity at this time,
directing staff to pursue alternative intersection designs that may avoid the
need for off-site right-of-way acquisition, such as a traffic signal. Staff have
evaluated a number of alternative designs as described in this report and have
concluded that those alternatives would not provide the same level of circulation and
safety benefits to the public as the currently proposed roundabout. Additionally, the
current proposed design is consistent with the City’s adopted plans and policies.
ATTACHMENTS
A - Draft Resolution of Necessity
B - Roundabout Design Exhibit
C - 578 California Boulevard Right-of-Way Needs Exhibit
D - Government Code Offer Letter
Page 381 of 615
Page 382 of 615
R ______
RESOLUTION NO. _____ (2025 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, DECLARING CERTAIN REAL PROPERTY
INTERESTS NECESSARY FOR PUBLIC PURPOSES AND
AUTHORIZING THE ACQUISITION THEREOF IN CONNECTION WITH
THE CALIFORNIA & TAFT ROUNDABOUT PROJECT (CERTAIN REAL
PROPERTY INTERESTS ON APN 001-043-027)
WHEREAS, the City of San Luis Obispo, California (“City”) seeks to construct the
California & Taft Roundabout Project (“Project”) to alleviate congestion, improve safety
for vehicles, bicyclists and pedestrians, increase capacity and improve traffic flow
operation at the intersection of Calif ornia Boulevard and Taft Street; and
WHEREAS, the City seeks to construct public street improvements consisting of a
roundabout and related street improvements to improve traffic operations and safety for
all road users of the California Boulevard and Taft Street intersection, consistent with the
City’s adopted plans and policies; and
WHEREAS, the intersection of California Boulevard and Taft Street currently
operates deficiently per the City’s adopted performance thresholds and has a
documented history of collisions and traffic safety concerns. Installation of a rounda bout
at this intersection is recommended in the City’s adopted General Plan Circulation
Element, Active Transportation Plan, and multiple safety plans. The construction of the
Project will benefit the City and the public because the intersection of Califor nia Boulevard
and Taft Street is identified in the City’s General Plan Circulation Element and California
Polytechnic University (Cal Poly) Housing South Environmental Impact Report (EIR) as
operating with levels of traffic congestion and vehicle delay that exceed the City’s adopted
performance thresholds. In addition, this intersection has been identified as a high
collision-rate intersection in the City’s previous Traffic Safety Reports and recent 2025
Draft Vision Zero Action Plan. The City’s 2021 Active Transportation Plan (ATP) also
recommends modifications to this intersection to improve bicycle and pedestrian
crossings—the need for which has increased with the recent extension of the Railroad
Safety Trail along California Boulevard between Taft and Pepper Streets; and
WHEREAS, the City seeks to construct the Project to improve safety and traffic
circulation at the intersection of California Boulevard and Taft Street by constructing a
roundabout and related improvements consistent with the Federal Highway
Administration’s (FHWA) recommendations for such intersections. Roundabouts are
shown to promote lower traffic speeds, reduce intersection conflict points, improve traffic
operations, reduce congestion, delays and vehicle emissions, and reduce severity of
collisions and improve safety. Based on an analysis of these alternatives, an all-way stop
configuration would result in deficient traffic operations and a traffic signal would operate
less efficiently than a roundabout and provide less safety benefit . The reconstruction of
this intersection as a single-lane urban roundabout is recommended in each of these
planning documents as the appropriate mitigation measure to improve both traffic
operations, pedestrian/bicycle crossings, and safety for all road users. The City’s General
Page 383 of 615
Resolution No. _____ (2025 Series) Page 2
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Plan Circulation Element and City Engineering Standards also include policies that
prioritize roundabouts as the preferred form of intersection control for intersections that
may otherwise be considered for signalization or all-way stop control; and
WHEREAS, the Project requires the acquisition of certain real property interests,
consisting of (collectively “Subject Property Interests”) on the real property located at 578
California Boulevard, San Luis Obispo, California, and is identified as County of San Luis
Obispo Tax Assessor’s Parcel Number 001-043-027 (“Property”): (a) an approximate
2,182 square foot portion of the Property in fee for public street/right-of-way purposes,
public utilities, drainage, and all uses necessary or convenient in connection with the
Project described more particularly on EXHIBIT “A” and depicted on EXHIBIT “B”
attached hereto and incorporated herein by this reference; (b) an approximate 763 square
foot temporary construction easement (TCE) on the Property for a term of 18 months from
date of possession of the Property to facilitate the construction of the Project described
more particularly on EXHIBIT “C” and depicted on EXHIBIT “D” attached hereto and
incorporated herein by this reference; and (c) an approximate 1,614 square foot
temporary non-exclusive access easement on the Property for a term of 18 months from
date of possession of the Property for ingress and egress and to complete driveway tie-
in work and conform driveway to adjacent public street improvements described more
particularly on EXHIBIT “E” and depicted on EXHIBIT “F” attached hereto and
incorporated herein by this reference; and
WHEREAS, the City is authorized to acquire the Subject Property Interests
described above and in Section 3 below for the construction of public street, roadway,
sidewalk, public utilities, drainage and all uses necessary or convenient thereto in
connection with the Project pursuant to the authority conferred upon the City to acquire
property by eminent domain by California Constitution, Article 1, Section 19, California
Government Code sections 37350, 37350.5, 37351, and 40404, and California Code of
Civil Procedure Section 1230.010 et seq. (Eminent Domain Law), including but not limited
to Sections 1240.010 through 1240.050, 1240.110, 1240.120, 1240.510, 1240.610,
1240.650, and by other provisions of law; and
WHEREAS, the Subject Property Interests were appraised by an independent real
estate appraiser and the amount City Council set is just compensation for the Subject
Property Interests at the fair market value set forth in the Appraisal . The most recent
written offer for the fair market value of the Subject Property Interests was mailed to the
owners of record of the Property on May 28, 2025, pursuant to Government Code 7267.2;
and
WHEREAS, pursuant to Code of Civil Procedure section 1245.235, the City sent
a letter and notice by first-class mail dated August 27, 2025, to the record owners of the
Subject Property Interests advising the Record Owners, Kirit Chunibhai Patel and Gita
Kirit Patel, Trustees of the Kirit Chunibhai Patel and Gita Kirit Patel 1992 Revocable Trust
(“Record Owners”), regarding the City’s intent to consider at its September 16, 2025,
meeting, the adoption of a Resolution of Necessity for the acquisition by eminent domain
of the Subject Property Interests in connection with the Project.
Page 384 of 615
Resolution No. _____ (2025 Series) Page 3
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NOW, THEREFORE, BE IT RESOLVED, by at least a two-thirds vote of the City
Council of the City of San Luis Obispo under Code of Civil Procedure sections 1240.030,
1240.040, 1245.220, 1245.230, and 1245.240, that the City does hereby find and
determine as follows:
SECTION 1. Incorporation of Findings and Recitals. The City Council hereby
specifically finds that all of the facts set forth in the above recitals of this Resolution are
true and correct, are incorporated into this Resolution by this reference and constitute a
material part of this Resolution.
SECTION 2. Compliance with California Code of Civil Procedure. The City has
complied with the notice requirements of Code of Civil Procedure section 1245.235.
SECTION 3. Compliance with the California Environmental Quality Act. The
environmental effects of the Project and the acquisition of the Subject Property Interests
needed for the Project were studied and analyzed as an integr al part of the City’s analysis
under the California Environmental Quality Act (Public Resources Code sections 21000
et seq.) (CEQA). Specifically, the City determined that the Project was Categorically
Exempt pursuant to CEQA Guidelines Section 15301 (Class 1 Exemption – Existing
Facilities). A Notice of Exemption (NOE) was duly filed for the Project with the San Luis
Obispo County Clerk’s Office on June 2, 2019, in accordance with Public Resources Code
section 21152. No substantial changes to the Project designs have been made since
2019 such that revisions to the previously approved NOE would be required. The
categorical exemption and NOE are referred to below collectively as the “Environmental
Documents”.
The environmental effects of the acquisition of the real property interests needed
for the Project were studied and analyzed as an integral part of the Environmental
Documents for the Project. On July 28, 2025, City Staff reviewed the Environmental
Documents in connection with the City’s review of the proposed acquisition of the Subject
Property Interests and determined that the Project and acquisition of the Subject Property
Interest are consistent with the findings in the Environmental Documents. Pursuant to the
criteria of section 15162 of the CEQA Guidelines and section 21166 of the Public
Resources Code, City Staff concluded that no substantial changes have occurred in the
Project, no substantial changes have occurred in the circumstances under with the
Project is undertaken and the City has not obtained any new information of substantial
importance that would require further environmental analysis. These environmental
findings are the appropriate findings with respect to the proposed acquisition of the
Subject Property Interests for the Project.
SECTION 4. Adoption of Resolution of Necessity. The City Council hereby
adopts Resolution No. ______________, A Resolution of the City Council of the City of
San Luis Obispo, California, Declaring Certain Real Property Interests Necessary for
Public Purposes and Authorizing the Acquisition Thereof in Connection with the California
& Taft Roundabout Project (Certain Real Property Interests on APN 001-043-027)
(“Resolution of Necessity”). The City hereby adopts the Resolution of Necessity
authorizing the acquisition by eminent domain of the Subject Property Interests described
Page 385 of 615
Resolution No. _____ (2025 Series) Page 4
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more particularly in Section 5 below for public use, namely for the construction of public
street, sidewalk, public utilities, drainage, related improvements, and all uses necessary
or convenient thereto in connection with the Project pursuant to the authority conferred
upon the City to acquire property by eminent domain by California Constitution, Article 1,
section 19, California Government Code sections 37350, 37350.5, 37351, and 40404,
and California Code of Civil Procedure section 1230.010 et seq. (Eminent Domain Law),
including but not limited to sections 1240.010 through 1240.050, 1240.110, 1240.120,
1240.510, 1240.610, 1240.650, and by other provisions of law.
SECTION 5. Description of Subject Property Interests. The City Council
hereby authorizes the acquisition by eminent domain of the following Subject Property
Interest on the Property, which is located at 578 California Boulevard, San Luis Obispo,
California, and is identified as County of San Luis Obispo Tax Assessor’s Parcel Number
001-043-027:
(a) An approximate 2,182 square foot portion of the Property in fee for
public street/right-of-way purposes, public utilities, drainage, and all
uses necessary or convenient in connection with the Project described
more particularly on EXHIBIT “A” and depicted on EXHIBIT “B”
attached hereto and incorporated herein by this reference;
(b) An approximate 763 square foot temporary construction easement
(TCE) on the Property for a term of 18 months to facilitate the
construction of the Project described more particularly on EXHIBIT “C”
and depicted on EXHIBIT “D” attached hereto and incorporated herein
by this reference; and
(c) An approximate 1,614 square foot temporary non -exclusive access
easement on the Property for a term of 18 months for ingress and
egress and to complete driveway tie-in work and conform driveway to
adjacent public street improvements described more particularly on
EXHIBIT “E” and depicted on EXHIBIT “F” attached hereto and
incorporated herein by this reference.
SECTION 6. The Public Interest and Necessity Require the Project. The
Project, as planned and designed, is in the public interest and necessity. The Project is
consistent with the Circulation Element of the General Plan. It is intended to alleviate
congestion, improve safety for vehicles, bicyclists and pedestrians, increase capacity and
improve traffic flow operation at the intersection of California Boulevard and Taft Street.
As described above, the intersection of California Boulevard and Taft Street
currently operates deficiently per the City’s adopted performance thresholds and has a
documented history of collisions and traffic safety concerns. Installation of a roundabout
at this intersection is recommended in the City’s adopted General Plan Circulation
Element, Active Transportation Plan, and multiple safety plans. The Project, which will
improve traffic operations, pedestrian and bicycle access, and improve safety for all road
users, is in the public interest and necessity.
Page 386 of 615
Resolution No. _____ (2025 Series) Page 5
R ______
The intersection of California Boulevard and Taft Street is identified in the City’s
General Plan Circulation Element and California Polytechnic University (Cal Poly)
Housing South Environmental Impact Report (EIR) as operating with levels of traffic
congestion and vehicle delay that exceed the City’s adopted performance thresholds. In
addition, this intersection has been identified as a high collision -rate intersection in the
City’s previous Traffic Safety Reports and recent 2025 Draft Vision Zero Action Plan. The
City’s 2021 Active Transportation Plan (ATP) also recommends modifications to this
intersection to improve bicycle and pedestrian crossings—the need for which has
increased with the recent extension of the Railroad Safety Trail along California Boulevard
between Taft and Pepper Streets roundabout has been proposed as the preferred
intersection design for the Project not only because this is consistent with the City’s
adopted plans and policies, but because a roundabout is expected to provide su perior
benefit to the traveling public in terms of traffic operations, lower greenhouse gas
emissions, and improved safety compared to other potential intersection -control
alternatives.
The Project is in the public interest and necessity because it seeks to improve
safety and traffic circulation at the intersection of California Boulevard and Taft Street by
constructing a roundabout and related improvements consistent FHWA’s
recommendations for such intersections. As noted above, roundabouts are shown to
promote lower traffic speeds, reduce intersection conflict points, improve traffic
operations, reducing congestion, delays and vehicle emissions, and reduce severity of
collisions and improve safety. Based on analysis of these alternatives, an all -way stop
configuration would result in deficient traffic operations and a traffic signal would operate
less efficiently than a roundabout and provide less safety benefit.
Reconstruction of this intersection as a single lane urban roundabout, as planned
and designed, will help improve both traffic operations, pedestrian/bicycle crossings, and
safety for all road users. The City’s General Plan Circulation Element and City
Engineering Standards also include policies that prioritize roundabouts as the preferred
form of intersection control for intersections that may otherwise be considered for
signalization or all-way stop control.
SECTION 7. The Project is Planned and Located in the Manner that is Most
Compatible with the Greatest Good and the Least Private Injury. The Project is planned
and located in the manner that is most compatible with the greatest public good and the
least private injury. The Project is planned and designed to construct necessary public
street, sidewalk, public utility, drainage, and related improvements to alleviate congestion,
improve safety and traffic circulation at the consistent with the Circulation Element of the
General Plan. The Project is intended to alleviate congestion, improve safety for vehicles,
bicyclists and pedestrians, increase capacity and improve traffic flow operation at the
intersection of California Boulevard and Taft Street.
The intersection of California Boulevard and Taft Street is identified in the City’s
General Plan Circulation Element and California Polytechnic University (Cal Poly)
Housing South Environmental Impact Report (EIR) as operating with levels of traffic
congestion and vehicle delay that exceed the City’s adopted performance thresholds. In
Page 387 of 615
Resolution No. _____ (2025 Series) Page 6
R ______
addition, this intersection has been identified as a high collision -rate intersection in the
City’s previous Traffic Safety Reports and recent 2025 Draft Vision Zero Action Plan. The
City’s 2021 Active Transportation Plan (ATP) also recommends modifications to this
intersection to improve bicycle and pedestrian crossings—the need for which has
increased with the recent extension of the Railroad Safety Trail along California Boulevard
between Taft and Pepper Streets.
Reconstruction of this intersection as a single lane urban roundabout, as planned
and designed, will help improve both traffic operations, pedestrian/bicycle crossings, and
safety for all road users. The City’s General Plan Circulation Element and City
Engineering Standards also include policies that prioritize roundabouts as the preferred
form of intersection control for intersections that may otherwise be considered for
signalization or all-way stop control.
In guiding the Project’s design, City staff and engineering design consultants
evaluated a variety of design alternatives. For example, the City considered shifting the
alignment of the proposed roundabout to the west to avoid impacts to private properties
on the east side of the California and Taft intersection; however, this would encroach into
the existing Railroad Safety Trail pedestrian/bicycle path and private property owned by
Union Pacific Railroad (UPRR). UPRR is not supportive of permanent encroachment into
this right-of-way due to proximity to the adjacent active rail corridor and safety concerns.
Further, the City evaluated the potential to reduce the size of the proposed roundabout to
minimize property impacts; however, the roundabout footprint could not be reduced
further while still complying with applicable engineering design standards for safety and
functionality.
The City also evaluated alternative intersection design strategies other than a
roundabout, including all-way stop control and installation of a traffic signal. However,
these alternatives would not provide acceptable traffic operations and/or safety benefits
to the public commensurate with the proposed Project, nor would these alternatives
provide consistency with the City’s adopted circulation and safety plans and policies. The
Project, as currently proposed, offers the greatest public benefit with the least private
detriment.
The Project, as planned and located, is also planned and designed to minimize the
impact on private parcels. The Subject Property Interests consist of (i) an approximate
2,182 square foot portion of the Property in fee for public street/right-of-way purposes; (ii)
an approximate 763 square foot TCE on the Property for a term of 18 months to facilitate
the construction of the Project; and (iii) an approximate 1,614 square foot temporary non -
exclusive access easement on the Property for a term of 18 months for ingress and
egress and to complete driveway tie-in work and conform driveway to adjacent public
street improvements. The construction of the Project and acquisition of the Subject
Property Interests do not require the relocation of any person or business from the
Property.
Page 388 of 615
Resolution No. _____ (2025 Series) Page 7
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SECTION 8. The Subject Property Interests Described in the Resolution of
Necessity are Necessary for the Project. The City cannot construct the Project, as
planned and designed, without the acquisition of the Subject Property Interests.
SECTION 9. Offer Pursuant to Government Code Section 7627.2. Pursuant
to Government Code section 7260, et seq., the City obtained fair market value appraisals
of the Subject Property Interests and the Property of which they are a part. The City set
just compensation for the Subject Property Interests in accordance with the fair market
values. The City extended written offers pursuant to Government Code section 7267.2.
The City retained Hamner Jewell and Associate as its professional right -of-
way/acquisition consultant to assist the City with the City’s good faith negotiations for the
acquisition of the Subject Property Interests. The City has been attempting to negotiate
with the Record Owners of the Property since 2017. After obtaining independent
appraisals of fair market value of the Subject Property Interests, formal written offers were
extended consistent with Government Code section 7267.2 to the Record Owners.
Updated appraisals and written offers were extended in 2018, 2019, 2023, 2024 and May
28, 2025. The most recent offer dated May 28, 2025, was based on an April 17, 2025,
date of value.
The May 28, 2025, offer letter contained an appraisal summary statement that
described the zoning, highest and best use of the Property, explained the appraiser’s
valuation methodology, and included the comparable sales data relied on by the
appraiser. The offer letter offered to pay the reasonable costs, up to $5,000, of an
independent appraisal pursuant to Code of Civil Procedure section 1263.025. Further, the
offer letter included an eminent domain pamphlet explaining the eminent domain process
and the rights of the Record Owners.
SECTION 10. Compliance with Notice Requirements Under California Code of
Civil Procedure. The City has complied with the notice requirements of Code of Civil
Procedure section 1245.235. Pursuant to Code of Civil Procedure section 1245.235, the
City sent a letter and notice by first-class mail dated August 27, 2025 to the record owners
of the Subject Property Interests advising the Record Owners, Kirit Chunibhai Patel and
Gita Kirit Patel, Trustees of the Kirit Chunibhai Patel and Gita Kirit Patel 1992 Revocable
Trust (“Record Owners”), regarding the City’s intent to consider at its September 16,
2025, meeting, the adoption of a Resolution of Necessity f or the acquisition by eminent
domain of the Subject Property Interests in connection with the Project. The notice
advised the Record Owners, as shown on the last San Luis Obispo County Assessment
Roll, of their right to appear and be heard regarding the City’s proposed adoption of the
Resolution of Necessity by filing, within fifteen (15) days of the date the notice was mailed,
a written request with the City to appear at the hearing. The notice specifically informed
the Record Owners of the Subject Property Interests that the Record Owners have an
opportunity to appear before the City Council and raise questions about whether the
public interest and necessity require the Project; whether the Project is planned or located
in the manner that will be most compatible with the greatest public good and the least
private injury; and whether the Subject Property Interests the City seeks to acquire from
the owner of record are necessary for the Project.
Page 389 of 615
Resolution No. _____ (2025 Series) Page 8
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SECTION 11. Findings. Based on the evidence presented at the hearing on
September 16, 2025, regarding the acquisition of the Subject Property Interests for the
Project, including the Agenda Report, the documents referenced therein, and any oral or
written testimony at the hearing, the City Council hereby finds and determines that:
(a) The public interest and necessity require the Project;
(b) The Project is planned and located in the manner that will be most
compatible with the greatest public good and the least private injury;
(c) The Subject Property Interests described more particularly in Section 5
above and in EXHIBIT “A”, EXHIBIT “B”, EXHIBIT “C”, EXHIBIT “D”,
EXHIBIT “E” and EXHIBIT “F” attached hereto, are necessary for the
Project; and
(d) The offer of just compensation required by Section 7267.2 of the
Government Code has been made to the property owner(s) of record.
SECTION 12. Existing Public Uses. To the extent that the Project will impact
interests of easement holders in the area of the Subject Property Interests, the public use
for which the City seeks to acquire the Subject Property Interests, namely for public street,
public utilities, drainage improvements, and all uses necessary or convenient thereto in
connection with the Project is a joint and compatible use and will not unreasonabl y
interfere with or impair the continuance of the public use to which any easement holders
may have appropriated the Subject Property Interests (Code of Civil Procedure section
1240.510). To the extent that the Project will require the relocation of the
interests/facilities of easement holders located in the area of the Subject Property
Interests and impacted by the Project, the City’s use of the Subject Property Interests for
the Project is for a more necessary public use within the mean ing of Code of Civil
Procedure section 1240.650 than the uses to which said public utility easement holders
have appropriated any easements located in the area of the Subject Property Interests.
Accordingly, the City is authorized to acquire the Subject Property Interests pu rsuant to
Code of Civil Procedure sections 1240.510, 1240.610, and 1240.650.
SECTION 13. Incorporation of Agenda Report and Documents Referenced
Therein. The findings and declarations contained in this Resolution are based upon the
record before the City Council, including the Agenda Report, and all documents
referenced therein, all of which are incorporated herein by this reference and testimony
and/or comments submitted to the City by the Record Owners or their representative(s).
These documents include but are not limited to the City of San Luis Obispo’s General
Plan, Circulation Element, the Environmental Documents in connection with the Project,
most recent offer letter sent to the Record Owners pursuant to Government Code section
7267.2, and notice pursuant to Code of Civil Procedure section 1245.235.
SECTION 14. Authorization to File Eminent Domain Proceeding. The City
Attorney’s Office and the City’s acquisition counsel are authorized to take all steps
necessary to commence and prosecute legal proceedings in a court of com petent
Page 390 of 615
Resolution No. _____ (2025 Series) Page 9
R ______
jurisdiction to acquire the Subject Property Interests described more particularly in
Section 5 above and in EXHIBIT “A”, EXHIBIT “B”, EXHIBIT “C”, EXHIBIT “D”, EXHIBIT
“E” and EXHIBIT “F” attached hereto.
SECTION 15. City Manager Authority. The City Manager is authorized to
execute all necessary documents in connection with the eminent domain proceeding.
SECTION 16. Certification. The City Clerk shall certify the adoption of this
Resolution.
SECTION 17. Effective Date. This Resolution shall take effect upon adoption.
Upon motion of Council Member ___________, seconded by Council Member
___________, and on the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this _____ day of _______________ 20 25.
___________________________
Mayor Erica A. Stewart
ATTEST:
______________________
Teresa Purrington
City Clerk
APPROVED AS TO FORM:
______________________
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of San Luis Obispo, California, on ______________________.
___________________________
Teresa Purrington
City Clerk
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Resolution No. _____ (2025 Series) Page 10
R ______
Attachment A1 to the Council Agenda Report
(If approved INSERT EXHIBIT “A” - EXHIBIT “F” IN PDF FORM)
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EXHIBIT “A”
LEGAL DESCRIPTION OF FEE RIGHT-OF-WAY AREA
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EXHIBIT “B”
DEPICTION OF FEE RIGHT-OF-WAY AREA
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EXHIBIT “C”
LEGAL DESCRIPTION OF TEMPORARY CONSTRUCTION EASEMENT
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EXHIBIT “D”
DEPICTION OF TEMPORARY CONSTRUCTION EASEMENT
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EXHIBIT “E”
LEGAL DESCRIPTION OF TEMPORARY NON-EXCLUSIVE
ACCESS EASEMENT
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EXHIBIT “F”
DEPICTION OF TEMPORARY NON-EXCLUSIVE ACCESS EASEMENT
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YIELD YIELDYIELD YIELDYIELD YIELDYIELDYIELD YIELDYIELDCALIFORNIA BOULEVARD & TAFT STREETROUNDABOUTCITY SPECIFICATION NO.
11/17/17
DATE:PROJECT TITLE:SHEET TITLE:of
SHEET NO.
50
DESIGNED BY:
DRAWN BY:
CHECKED BY:
JWW
APPROVED BY:
JWW
SCALE:
PLAN FILE NO. / LOCATION
O:\PRJ\2251\2251EX004.dwg 10/27/2017 3:59:13 PM91503
2251EX004.dwg
1
1"=10'RIGHT OF WAY IMPACTS APN 001-043-0272251EX004.DWG
SMH
SMH
1Page 417 of 615
Page 1 of 5 AP # 001-043-027
APPRAISAL SUMMARY STATEMENT
BASIC DATA
PROJECT:
City of San Luis Obispo – California & Taft
Roundabout Project
PARCEL NO.:
001-043-027
OWNER:
The Kirit Chunibhai Patel and Gita Kirit Patel 1992
Revocable Living Trust
PROPERTY LOCATION:
578 California Boulevard, San Luis Obispo, CA
APPLICABLE ZONING:
Neighborhood Commercial (C-N)
CURRENT USE OF SUBJECT PROPERTY:
Shopping Center
HIGHEST AND BEST USE OF SUBJECT
PROPERTY:
Continued Use as a Retail Center
DATE OF VALUATION:
April 17, 2025
TOTAL PROPERTY AREA:
22,216 square feet (0.51 acres)
PROPERTY TO BE ACQUIRED: ALL [ ] PART [ X ]
Fee Simple:
Temporary Construction Easement:
Temporary Non-Exclusive Access Easement:
2,182 sq. ft.
763 sq. ft.
1,614 sq. ft.
IMPROVEMENTS TO BE ACQUIRED: Mature trees (Palms and Oak)
BASIS OF APPRAISAL
The market value for the property to be acquired is based upon an appraisal done by a certified and state-
licensed appraiser, which was prepared in accordance with accepted appraisal principles and procedures.
Recent sales of comparable properties, income data, and depreciated replacement costs are utilized as
appropriate. Full consideration is given to zoning, development potential, and the income that the subject
property is capable of producing. There are three approaches to value:
1. The Market Approach for the subject property is based on the consideration of comparable sales which
sold within a reasonable time prior to the date of valuation, at a range of $52 to $152 per square foot.
The principal transactions used as comparable sales relied upon as the basis for supporting the
determination of value are attached to this Appraisal Summary Statement.
2. The Cost Approach is based in part on a replacement cost new of improvements, less depreciation. This
approach was not utilized in this analysis since no structural improvements will be affected.
3. The Income Approach is based upon consideration of the income producing potential of the property.
This approach was not utilized in this valuation process as it was deemed inapplicable to this specific
case.
Page 418 of 615
Page 2 of 5 AP # 001-043-027
VALUATION
Fee Simple Land Acquisition:
2,182 sq. ft. @ $105 per sq. ft. x 100% $229,110
Temporary Construction Easement:
763 sq. ft. @ $105 per sq. ft. x 10% x 1.5 yrs. $ 12,016
Temporary Non-Exclusive Access Easement (driveway & parking lot)
1,614 sq. ft. @ $105 per sq. ft. x 10% x 1.5 yrs = $ 25,420
Total Land Value: $266,546
Improvements:
Landscaped and asphalt area (2,182 sq. ft. x $8) $17,456
Irrigation System (2,000 sq. ft. x $1.69) $ 3,380
Mature Trees $26,000
(Driveway approaches and v-gutter drainage system will
be reconstructed/repaired as construction contract work)
Total Improvement Value: $ 46,836
Severance Damages: None $0
Benefits: None $0
Total Net Damages/Benefits: $ 0
$313,382
Total Just Compensation for this Acquisition: rounded $313,000
THREE HUNDRED THIRTEEN THOUSAND DOLLARS ($313,000)
This summary of the basis of the amount offered as just compensation is presented in compliance with
federal and state laws and has been derived from a formal appraisal prepared by a certified and state-
licensed real estate appraiser, which includes supporting sales data and other documentation. The
appraisal is hereby confirmed approved and accepted by this agency and a purchase offer based
thereon is hereby approved and authorized.
City of San Luis Obispo
Approved for Purchase Offer and Acquisition:
By: _____________________________ Date: ____________________
Name:
Title:
Att: Comparable Sale List
Enc: Deed
Luke Schwartz
Digitally signed by Luke Schwartz
DN: C=US, E=lschwart@slocity.org, O=City of
San Luis Obispo, OU=Public Works,
CN=Luke Schwartz
Date: 2025.05.28 08:38:42-07'00'
5/28/2025
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SUMMARY STATEMENT RELATING TO PURCHASE OF REAL PROPERTY OR AN INTEREST THEREIN
Project: City of San Luis Obispo – California & Taft Roundabout Project
AP#: 001-043-027 (Patel Trust)
The City of San Luis Obispo is proposing to construct a roundabout at the intersection of California
Boulevard to improve safety and traffic congestion issues. Your property, located at 578 California
Boulevard, San Luis Obispo, California, is within the project area and is identified by your County
Assessor as Parcel Numbers 001-043-027.
Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and
the California Relocation Assistance and Real Property Acquisition Guidelines requires that each
owner from whom the City purchases real property or an interest therein or each tenant owning
improvements on said property be provided with a summary of the appraisal of the real property or
interest therein, as well as the following information:
1. You are entitled to receive full payment prior to vacating the real property being purchased
unless you have heretofore waived such entitlement. You are not required to pay recording
fees, transfer taxes, or the pro rata portion of real property taxes which are allocable to any
period subsequent to the passage of title or possession.
2. The City will offer to purchase any remnant(s) considered by the City to be an uneconomic
unit(s) which is/(are) owned by you or, if applicable, occupied by you as a tenant and which
is/(are) contiguous to the land being conveyed.
3. All buildings, structures, and other improvements affixed to the land described in the
referenced document(s) covering this transaction and owned by the grantor(s) herein or, if
applicable, owned by you as a tenant, are being conveyed unless other disposition of these
improvements has been made. The interests being acquired include 2,182 square feet in fee,
763 square feet in temporary construction easement, and 1,614 square feet in temporary access
easement and are described in the enclosed Deed.
4. The market value of the property being purchased is based upon a market value appraisal which
is summarized on the attached Appraisal Summary Statement and such amount:
a. Represents the full amount of the appraisal of just compensation for the property
to be purchased;
b. Is not less than the approved appraisal of the fair market value of the property as
improved;
c. Disregards any decrease or increase in the fair market value of the real property
to be acquired prior to the date of valuation caused by the public improvement for
which the property is being acquired or by the likelihood that the property would
be acquired for such public improvement, other than that due to physical
deterioration within the reasonable control of the owner or occupant; and
d. Does not reflect any consideration of or allowance for any relocation assistance
and payments or other benefits which the owner is entitled to receive under an
agreement with the City.
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5. Pursuant to Civil Code of Procedure Section 1263.025, should you elect to obtain an
independent appraisal, the City will pay for the actual reasonable costs of such an appraisal up
to a maximum of $5,000 subject to the following conditions:
a. You, not the City, must order the appraisal. Should you enter into a contract with the
selected appraiser, the City will not be a party to your contract with an appraiser.
b. The selected appraiser must be licensed with the California Office of Real Estate
Appraisers (OREA). It is also recommended that such appraiser be experienced and
qualified in the appraisal of easements if this offer is to purchase easements rather than
the fee interest in your property.
c. Within 30 days of your receipt of this offer, you must notify the City of your intent to
obtain an independent appraisal.
d. Appraisal cost reimbursement requests must be made in writing, and submitted to the
City within 30 days of your receipt of the independent appraisal and no later than 120
days of your receipt of this offer. Copies of the contract (if a contract was made),
appraisal report, and invoice for completed work by the appraiser must be provided to
the City concurrent with submission of the appraisal cost reimbursement request. The
appraisal costs must be reasonable and justifiable.
6. No person in the United States of America shall, on the grounds of race, color, national origin,
sex, age, or disability be excluded from the participation in, be denied the benefits of, or be
otherwise subjected to discrimination under any City programs or activities. If federal funding
is being utilized in the project for which your property is being sought, notice is hereby
provided that it is the policy of the City to assure full compliance with Title VI of the Civil
Rights Act of 1964, the Civil Rights Restoration Act of 1987, and related statutes and
regulations, in all programs and activities undertaken by the City. Any person who believes
they have been subjected to unlawful discriminatory practice under Title VI has a right to file a
formal complaint with the City.
7. The owner of a business conducted on a property to be acquired, or conducted on the remaining
property which will be affected by the purchase of the required property, may be entitled to
compensation for the loss of goodwill. Entitlement is contingent upon the business owners’
ability to prove such loss in accordance with the provisions of Section 1263.510 and 1263.520
of the Code of Civil Procedure.
8. If you ultimately elect to reject this offer for the purchase of your property, you are entitled to
have the amount of compensation determined by a court of law in accordance with the laws of
the State of California.
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APN: 001-043-027 City of SLO\CA & Taft Roundabout\Patel\Agreement
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PARCEL NO.: 001-043-027 (Patel)
PROJECT: City of San Luis Obispo – California and Taft Roundabout
TITLE REPORT NO.: 4001-5452694
RIGHT OF WAY AGREEMENT
(WITH ESCROW INSTRUCTIONS)
THIS AGREEMENT is made and entered into by and between
Kirit Chunibhai Patel and Gita Kirit Patel, Trustees of the Kirit Chunibhai Patel and Gita
Kirit Patel 1992 Revocable Living Trust
(hereinafter collectively called “Grantor”), and
The City of San Luis Obispo, a municipal corporation and a charter city in the County of
San Luis Obispo, State of California
(hereinafter called “City”).
An instrument in the form of a Grant Deed (“Deed”) covering the property rights
particularly described therein (“Property”), has been executed concurrently with this Agreement
and delivered to City representatives.
In consideration of which, and other considerations hereinafter set forth, it is mutually
agreed as follows:
1. The parties have herein set forth the whole of their agreement. The performance of
this Agreement constitutes the entire consideration for said document and shall relieve the City
of all further obligation or claims on this account, or on account of the location, grade or
construction of the proposed public improvement, except as stated in Paragraphs 2.E. and 2.F.
below.
2. The City shall:
A. PAYMENT - Pay to the order of the Grantor the sum of THREE HUNDRED
THIRTEEN THOUSAND DOLLARS ($313,000) as consideration in full for the real property
interests conveyed in the Deed, for the loss, replacement and moving of any improvements, and
for entering into this Agreement. Said sum shall be paid when title to said real property interest
has vested in City free and clear of all liens, encumbrances, assessments, easements and leases
recorded or unrecorded, except for recorded public utility easements and public right of way.
Grantor and City acknowledge and agree that the Payment Amount and the terms of the Deed
and this Agreement represent the full and total consideration for the property interests
established by the Deed. With the exception of any rights and obligations created pursuant to
this Agreement, Grantor hereby forever releases and discharges City and its respective officials,
officers, directors, and employees from any and all claims, demands, causes of action,
obligations, and liabilities of every kind and nature which relate to City’s acquisition of the real
property interests conveyed in the Deed. It is further understood and agreed that each party
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hereby waives any and all rights under Section 1542 of the Civil Code of the State of California
which reads as follows:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THE CREDITOR OR
RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER
FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN
BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER
SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.
B. RECORDATION OF INSTRUMENT - Accept the Deed and cause the same to be
recorded in the office of the San Luis Obispo County Recorder at such time as when clear title
can be conveyed.
C. MISCELLANEOUS COSTS - Pay any escrow, title insurance, and recording fees
incurred in this transaction.
D. CLEARANCE OF BONDS, ASSESSMENTS, OR DELINQUENT TAXES - Have
the authority to deduct and pay from the amount shown in Clause 2.A. above any amount
necessary to satisfy any bond demands and delinquent taxes due in any year except the year in
which this escrow closes, together with penalties and interest thereon, and/or delinquent and
unpaid nondelinquent assessments which have become a lien at the close of escrow.
E. CONSTRUCTION AND RESTORATION - Shall, at no expense to Grantor, conform
Grantor’s driveways, including driveway aprons, curb adjustments, and asphalt, and restore
existing parking lot and landscaping in a comparable condition as that which existed prior to
City’s access and use, to the extent reasonably practical. City access and use shall be in
conformance with all terms and conditions specified in the Deed and as shown in the attached
Exhibit 1.
F. INDEMNIFICATION - Indemnify and hold harmless Grantor from any and all
claims, damages, costs, judgments, or liability proximately caused by City or its officers,
employees, contractors, or agents specifically arising from City’s construction and restoration
work within the Temporary Construction Easement period. City’s obligation to indemnify and
hold harmless Grantor as provided in this Paragraph 2.F shall not extend to any claims, damages,
costs, judgments, or liability which arise from or related to the negligent, unlawful or wrongful
acts of Grantor or any other person acting in concert with them.
3. The Grantor:
A. PAYMENT ON MORTGAGE OR DEED OF TRUST - Agrees that any or all monies
payable under this Agreement up to and including the total amount of the unpaid principal and
interest on the note(s) secured by mortgage(s) or deed(s) of trust, if any, and all other amounts
due and payable in accordance with the terms and conditions of said mortgage(s) or deed(s) of
trust, shall upon demand(s) be made payable to the mortgagee(s) or beneficiary(s) entitled
thereunder.
B. LEASE INDEMNIFICATION - Warrants there are no oral or written leases on the
Property that would affect Grantor’s right and ability to convey the Property to City free and
clear of tenant interests and claims. Grantor agrees to hold the City harmless and reimburse City
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for any and all of its losses and expenses occasioned by reason of any lease of said Property held
by tenant of Grantor.
C. PERMISSION TO ENTER - Hereby grants to the City, its agents and contractors,
permission to enter upon the subject lands described in the Deed prior to the close of escrow for
the purposes of preparation for construction of the City’s Project, subject to all applicable terms
and conditions contained in this Agreement and the associated Deed.
D. GRANTOR’S KNOWLEDGE OF THE ENVIRONMENTAL CONDITIONS OF
THE PROPERTY - Represents and warrants that to the best of Grantor’s knowledge and belief,
that (1) there has been no spill, discharge, release, cleanup or contamination of or by any
hazardous or toxic waste or substance on or around the Property at any time, and (2) throughout
the period of ownership of the Property by Grantor, no hazardous or toxic material has been
used, generated, treated, stored, disposed of or handled in or around the Property. Further,
Grantor agrees to disclose to City, prior to the close of escrow, all studies, reports, and
investigations known to Grantor concerning any pollution, toxic building materials or toxic
hazardous substances or wastes located at, on, or under the Property.
E. TAX REPORTING AND WITHHOLDING – The Foreign Investment in Real
Property Tax Act of 1980 ("FIRPTA"), as amended by the Tax Reform Act of 1984, places
special requirements for tax reporting and withholding on the parties to a real estate transaction
where the transferor (Grantor) is a non-resident alien or non-domestic corporation or partnership,
or is a domestic corporation or partnership controlled by a non-resident or non-resident
corporation or partnership. In accordance with the provisions of Section 1445 of the Internal
Revenue Code of 1954, as amended, and any regulations promulgated thereunder, Grantor shall
execute an affidavit under penalty of perjury setting forth Grantor's name, address, federal tax
identification number, and certifying whether Grantor is a "foreign person" in accordance with
the provisions of the Internal Revenue Code. Further, tax withholding may be required in
accordance with the California Revenue and Taxation Code Section 18662. It is specifically
understood and agreed by Grantor that closing of this escrow is subject to, and contingent upon,
deposit into escrow of a FIRPTA Affidavit of Non-Foreign Status and a California Form 593-C,
Real Estate Withholding Certificate and associated required paperwork, completed and signed by
Grantor, and Escrow Agent is hereby authorized and instructed to withhold from Grantor's
proceeds amounts so required by these laws and to forward any amounts withheld to the
appropriate taxing authority.
4. The Parties agree:
A. ESCROW - At City’s option, to open escrow in accordance with this Agreement at an
escrow company of City’s choice. Opening an escrow shall be at City’s sole discretion and City
may decide to process this transaction without the use of an escrow agent. However, if an
escrow agent is utilized, this Agreement constitutes the joint escrow instructions of City and
Grantor, and escrow agent to whom these instructions are delivered is hereby empowered to act
under this Agreement. The parties hereto agree to do all acts necessary to close this escrow in
the shortest possible time.
If an escrow is utilized, as soon as possible after opening of escrow, City will deposit the
executed Deed by Grantor, with Certificate of Acceptance attached, with Escrow Agent on
Grantor's behalf. City agrees to deposit the purchase price upon demand of Escrow Agent. City
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and Grantor agree to deposit with Escrow Agent all additional instruments as may be necessary
to complete this transaction. All funds received in this escrow shall be deposited with other
escrow funds in a general escrow fund account(s) and may be transferred to any other such
escrow trust account in any State or National Bank doing business in the State of California. All
disbursements shall be made by check or wire transfer from such account.
Any taxes which have been paid by Grantor prior to opening of this escrow shall not be
pro-rated between City and Grantor, but Grantor shall have the sole right after close of escrow to
apply to the County Tax Collector of said County for any refund of such taxes which may be due
Grantor for the period after City's acquisition.
i) ESCROW AGENT DIRECTIVES - Escrow Agent is authorized to, and shall:
a) Pay and charge Grantor for any unpaid delinquent taxes and/or any penalties
and interest thereon, and for any delinquent assessments or bonds against that
portion of Grantor's property subject to this transaction as required to convey
clear title.
b) Pay and charge City for any escrow fees, charges and costs payable under
Paragraph 2.C. of this Agreement;
c) Disburse funds and deliver Deed when conditions of this escrow have been
fulfilled by City and Grantor.
d) Following recording of Deed from Grantor if recording is instructed by City,
provide City with a CLTA Standard Coverage Policy of Title Insurance in the
amount of $313,000 issued by First American Title Company showing that
title to the herein real property is vested in City, subject only to the following
exceptions, and the printed exceptions and stipulations in said policy:
1) Real Property Taxes for the fiscal year in which escrow closes.
2) Public utility easements and public rights of way;
3) Item Nos. 1 through 9 of Schedule B in the Litigation Guarantee
issued by First American Title Company dated February 20, 2025,
referenced as Guarantee No 50076500-7231312, File No. 4001-
7231312.
4) Other items that may be approved by City in writing in advance of
the close of escrow.
ii) CLOSE OF ESCROW - The term "close of escrow", if and where written in these
instructions, shall mean the date necessary instruments of conveyance are
recorded in the office of the County Recorder. Recordation of instruments
delivered through this escrow is hereby authorized.
B. JUDGMENT IN LIEU OF DEED - In the event Grantor does not deliver title in a
reasonable time under the terms of the Agreement, the City may file an action in eminent domain
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to pursue the acquisition of the real property interests described in the Deed, and this Agreement
shall constitute a stipulation which may be filed in said proceedings as final and conclusive
evidence of the total amount of damages for the taking, including all of the items listed in
Section 1260.230 of the Code of Civil Procedure, regarding said property rights.
C. ARTICLE HEADINGS - Article headings in this Agreement are for convenience only
and are not intended to be used in interpreting or construing the terms, covenants and conditions
of this Agreement.
D. COMPLETE UNDERSTANDING - This Agreement constitutes the entire
understanding between the parties with respect to the subject matter hereof, superseding all
negotiations, prior discussions, and preliminary agreements or understandings, written or oral.
This Agreement may not be amended except in writing by the parties hereto or their successors
or assigns.
E. CITY COUNCIL APPROVAL - This Agreement is subject to and conditioned upon
approval and ratification by the San Luis Obispo City Council. This Agreement is not binding
upon the City until executed by the appropriate City official(s) acting in their authorized
capacity.
F. COUNTERPARTS - This Agreement may be executed in counterparts, each of which
so executed shall, irrespective of the date of its execution and delivery, be deemed an original,
and all such counterparts together shall constitute one and the same document.
G. ELECTRONIC AND FACSIMILE SIGNATURES – In the event that the parties
hereto utilize electronic or facsimile documents which include signatures, such documents shall
be accepted as if they bore original signatures and shall be fully binding to the same effect as
original signatures, provided however that documents requiring acknowledgement before a
Notary Public for recordation by the Clerk Recorder must contain original signatures.
H. NOTICES - All notices shall be in writing, addressed as set forth below, and
deposited in the U.S. Mail, postage prepaid. Any party may change its address for future notices
by complying with the provisions of this paragraph.
GRANTOR’S MAILING ADDRESS:
Kirit C. and Gita K. Patel
Post Office Box 1339
Pismo Beach, CA 93449
CITY’S MAILING ADDRESS:
City of San Luis Obispo
Public Works Department
919 Palm Street
San Luis Obispo, CA 93401
No Obligation Other Than Those Set Forth Herein Will Be Recognized.
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GRANTOR:
Kirit Chunibhai Patel and Gita Kirit Patel, Trustees of the
Kirit Chunibhai Patel and Gita Kirit Patel 1992 Revocable Living Trust
By: ___________________________________ Date: _________________________
Kirit Chunibhai Patel
Trustee
By: ___________________________________ Date: _________________________
Gita Kirit Patel
Trustee
CITY OF SAN LUIS OBISPO,
A municipal corporation and charter city
By: ___________________________________ Date: _________________________
, Mayor
ATTEST:
By: _______________________________
City Clerk
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
By: _______________________________ By: _______________________________
J. Christine Dietrick Name:
City At torney Title:
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_____________________________________________________________________________________________
APN: 001-043-027 City of SLO/CA & Taft Roundabout/Patel/Grant Deed
Page 1
Recording requested by:
Hamner, Jewell & Associates
Government Real Estate Services
When recorded, return to:
City of San Luis Obispo
Department of Public Works
919 Palm Street
San Luis Obispo, CA 93401
______________________________________________________________________________
Exempt from the $75 Building and Jobs Act Fee per Gov’t Code §27388.1(2)(D) Public Agency
No Fee pursuant to Gov. Code sec. 6103
No Documentary Transfer Tax per R&T Code sec. 11922
No Recording Fee per Gov. Code sec. 27383
APN: 001-043-027
GRANT DEED
(To the City of San Luis Obispo)
For a valuable consideration, receipt of which is hereby acknowledged,
Kirit Chunibhai Patel and Gita Kirit Patel, Trustees of the Kirit Chunibhai Patel and Gita
Kirit Patel 1992 Revocable Living Trust (hereinafter collectively called “Grantor”),
hereby grants to the
City of San Luis Obispo, a municipal corporation and a charter city in the County of San
Luis Obispo, State of California (hereinafter called “City”),
the following described interests in real property located in the City of San Luis Obispo, County
of San Luis Obispo, State of California:
In Fee:
All that certain property described and depicted in Exhibits “A” and “B”, attached hereto and
incorporated herein;
Together with:
Temporary Construction Easement – 18-month duration:
A temporary easement for construction (“Temporary Construction Easement”) to facilitate the
construction of adjacent public street improvements, including the right to pile earth thereon,
Exhibit 1
Exhibit 1 to Agreement, page 1 of 16 Page 429 of 615
_____________________________________________________________________________________________
APN: 001-043-027 City of SLO/CA & Taft Roundabout/Patel/Grant Deed
Page 2
store materials, supplies and equipment thereon, and utilize said Temporary Construction
Easement for all other related activities and purposes specifically in conjunction with the
construction of the adjacent public street improvements. This Temporary Construction Easement
shall be in, on, over, under, along, and across that certain property described and depicted in
Exhibits “C” and “D” attached hereto and incorporated herein by this reference. Said Temporary
Construction Easement shall commence fifteen (15) days after issuance by City of a Notice of
Commencement of Construction to Grantor, which shall be issued to Grantor by U.S. Mail, and
shall automatically terminate upon completion of City’s construction or eighteen (18) months
after the commencement of construction, whichever occurs first.
Together with:
Temporary Non-Exclusive Access Easement – 18-month duration:
A temporary non-exclusive access easement for ingress and egress (Temporary Non-Exclusive
Access Easement”) and for completing driveway conforms in conjunction with the construction
of adjacent public street improvements. This Temporary Non-Exclusive Easement shall be in,
on, over, along, through, and across that certain property described and depicted in Exhibits “E”
and “F” attached hereto and incorporated herein. This Temporary Non-Exclusive Easement may
be used intermittently for a period not to exceed 2 months within the 18-month Temporary
Construction Easement period described in this document.
Easement Extension Provisions:
City shall have the right to extend the Temporary Easement terms in three (3) additional one (1)
month increments if City determines that additional time beyond the initial period is necessary
for construction completion. In such case, City shall have the unilateral right to extend the
Temporary Construction Easements through construction completion and agrees to compensate
Grantor TWO THOUSAND EIGHTY DOLLARS ($2,080) for each 1-month extension term
exercised. Payment for any such extensions shall be paid by City to Grantor concurrent with
City’s written notice to Grantor of City’s intent to exercise such extension provisions. City shall
further evaluate at the time of any extensions whether any increase in value of the temporary
rights has occurred since the date this deed was executed by Grantor and if so, shall provide any
additional payment based upon the determined just compensation at the time of extension.
Upon termination, the Temporary Construction Easements and Temporary Non-Exclusive
Access Easement areas will be generally restored by City to a comparable or better condition as
that which existed prior to City’s access and use.
The provisions hereof shall inure to the benefit of the City, its successors and assigns, and shall
bind the heirs, executors, administrators, assigns and successors in interest of the respective
parties hereto, and all covenants shall apply to and run with the above-described property.
(Signature Page to Follow)
Exhibit 1 to Agreement, page 2 of 16 Page 430 of 615
_____________________________________________________________________________________________
APN: 001-043-027 City of SLO/CA & Taft Roundabout/Patel/Grant Deed
Page 3
GRANTOR:
Kirit Chunibhai Patel and Gita Kirit Patel, Trustees of the
Kirit Chunibhai Patel and Gita Kirit Patel 1992 Revocable Living Trust
By: ___________________________________
Kirit Chunibhai Patel
Trustee
By: ___________________________________
Gita Kirit Patel
Trustee
Exhibit 1 to Agreement, page 3 of 16
COPY
COPY
Page 431 of 615
_____________________________________________________________________________________________
APN: 001-043-027 City of SLO/CA & Taft Roundabout/Patel/Grant Deed
Page 4
ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the
identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of ____________________
On ______________________ before me, _______________________________________, Notary
Public, personally appeared Kirit Chunibhai Patel, who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and
that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature __________________________ (Seal)
ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the
identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of ____________________
On ______________________ before me, _______________________________________, Notary
Public, personally appeared and Gita Kirit Patel, who proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me
that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature __________________________ (Seal)
Exhibit 1 to Agreement, page 4 of 16
COPY
COPY
COPY
COPY
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Exhibit 1 to Agreement, page 5 of 16Page 433 of 615
Exhibit 1 to Agreement, page 6 of 16 Page 434 of 615
Exhibit 1 to Agreement, page 7 of 16
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Exhibit 1 to Agreement, page 8 of 16 Page 436 of 615
Exhibit 1 to Agreement, page 9 of 16 Page 437 of 615
Exhibit 1 to Agreement, page 10 of 16 Page 438 of 615
Exhibit 1 to Agreement, page 11 of 16
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Exhibit 1 to Agreement, page 12 of 16 Page 440 of 615
Exhibit 1 to Agreement, page 13 of 16 Page 441 of 615
Exhibit 1 to Agreement, page 14 of 16 Page 442 of 615
Exhibit 1 to Agreement, page 15 of 16
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APN: 001-043-027 City of SLO/CA & Taft Roundabout/Patel/Grant Deed
CERTIFICATE OF ACCEPTANCE
This is to certify that the City of San Luis Obispo, grantee herein, hereby accepts for public purposes
the real property, or interests therein, described in the within Grant Deed from Kirit Chunibhai Patel
and Gita Kirit Patel, Trustees of the Kirit Chunibhai Patel and Gita Kirit Patel 1992 Revocable
Living Trust, and consents to the recordation thereof.
In Witness Whereof, I have hereunto set my hand this ______ day of _______________, 20___.
CITY OF SAN LUIS OBISPO,
a municipal corporation and charter city
____________________________________
Erica A. Stewart, Mayor
ATTEST:
__________________________
Teresa Purrington, City Clerk
ACKNOWLEDGEMENT
STATE OF CALIFORNIA )
COUNTY OF SAN LUIS OBISPO )
On __________________________, before me, Megan Wilbanks, Notary Public, personally appeared
Erica A. Stewart, Mayor, CITY OF SAN LUIS OBISPO, who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged
to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
______________________________
Megan Wilbanks, Notary Public (Official Notary Seal)
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed
the document to which this certificate is attached and not the truthfulness, accuracy, or validity of that document.
Exhibit 1 to Agreement, page 16 of 16
COPY
COPY
COPY
Page 444 of 615
_____________________________________________________________________________________________
APN: 001-043-027 City of SLO/CA & Taft Roundabout/Patel/Grant Deed
Page 1
Recording requested by:
Hamner, Jewell & Associates
Government Real Estate Services
When recorded, return to:
City of San Luis Obispo
Department of Public Works
919 Palm Street
San Luis Obispo, CA 93401
______________________________________________________________________________ Exempt from the $75 Building and Jobs Act Fee per Gov’t Code §27388.1(2)(D) Public Agency No Fee pursuant to Gov. Code sec. 6103
No Documentary Transfer Tax per R&T Code sec. 11922
No Recording Fee per Gov. Code sec. 27383
APN: 001-043-027
GRANT DEED
(To the City of San Luis Obispo)
For a valuable consideration, receipt of which is hereby acknowledged,
Kirit Chunibhai Patel and Gita Kirit Patel, Trustees of the Kirit Chunibhai Patel and Gita
Kirit Patel 1992 Revocable Living Trust (hereinafter collectively called “Grantor”),
hereby grants to the
City of San Luis Obispo, a municipal corporation and a charter city in the County of San
Luis Obispo, State of California (hereinafter called “City”),
the following described interests in real property located in the City of San Luis Obispo, County
of San Luis Obispo, State of California:
In Fee:
All that certain property described and depicted in Exhibits “A” and “B”, attached hereto and
incorporated herein;
Together with:
Temporary Construction Easement – 18-month duration:
A temporary easement for construction (“Temporary Construction Easement”) to facilitate the
construction of adjacent public street improvements, including the right to pile earth thereon,
Page 445 of 615
_____________________________________________________________________________________________
APN: 001-043-027 City of SLO/CA & Taft Roundabout/Patel/Grant Deed
Page 2
store materials, supplies and equipment thereon, and utilize said Temporary Construction
Easement for all other related activities and purposes specifically in conjunction with the
construction of the adjacent public street improvements. This Temporary Construction Easement
shall be in, on, over, under, along, and across that certain property described and depicted in
Exhibits “C” and “D” attached hereto and incorporated herein by this reference. Said Temporary
Construction Easement shall commence fifteen (15) days after issuance by City of a Notice of
Commencement of Construction to Grantor, which shall be issued to Grantor by U.S. Mail, and
shall automatically terminate upon completion of City’s construction or eighteen (18) months
after the commencement of construction, whichever occurs first.
Together with:
Temporary Non-Exclusive Access Easement – 18-month duration:
A temporary non-exclusive access easement for ingress and egress (Temporary Non-Exclusive
Access Easement”) and for completing driveway conforms in conjunction with the construction
of adjacent public street improvements. This Temporary Non-Exclusive Easement shall be in,
on, over, along, through, and across that certain property described and depicted in Exhibits “E”
and “F” attached hereto and incorporated herein. This Temporary Non-Exclusive Easement may
be used intermittently for a period not to exceed 2 months within the 18-month Temporary
Construction Easement period described in this document.
Easement Extension Provisions:
City shall have the right to extend the Temporary Easement terms in three (3) additional one (1)
month increments if City determines that additional time beyond the initial period is necessary
for construction completion. In such case, City shall have the unilateral right to extend the
Temporary Construction Easements through construction completion and agrees to compensate
Grantor TWO THOUSAND EIGHTY DOLLARS ($2,080) for each 1-month extension term
exercised. Payment for any such extensions shall be paid by City to Grantor concurrent with
City’s written notice to Grantor of City’s intent to exercise such extension provisions. City shall
further evaluate at the time of any extensions whether any increase in value of the temporary
rights has occurred since the date this deed was executed by Grantor and if so, shall provide any
additional payment based upon the determined just compensation at the time of extension.
Upon termination, the Temporary Construction Easements and Temporary Non-Exclusive
Access Easement areas will be generally restored by City to a comparable or better condition as
that which existed prior to City’s access and use.
The provisions hereof shall inure to the benefit of the City, its successors and assigns, and shall
bind the heirs, executors, administrators, assigns and successors in interest of the respective
parties hereto, and all covenants shall apply to and run with the above-described property.
(Signature Page to Follow)
Page 446 of 615
_____________________________________________________________________________________________
APN: 001-043-027 City of SLO/CA & Taft Roundabout/Patel/Grant Deed
Page 3
GRANTOR:
Kirit Chunibhai Patel and Gita Kirit Patel, Trustees of the
Kirit Chunibhai Patel and Gita Kirit Patel 1992 Revocable Living Trust
By: ___________________________________
Kirit Chunibhai Patel
Trustee
By: ___________________________________
Gita Kirit Patel
Trustee
Page 447 of 615
_____________________________________________________________________________________________
APN: 001-043-027 City of SLO/CA & Taft Roundabout/Patel/Grant Deed
Page 4
ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the
identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of ____________________
On ______________________ before me, _______________________________________, Notary
Public, personally appeared Kirit Chunibhai Patel, who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and
that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature __________________________ (Seal)
ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the
identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of ____________________
On ______________________ before me, _______________________________________, Notary
Public, personally appeared and Gita Kirit Patel, who proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me
that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature __________________________ (Seal)
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APN: 001-043-027 City of SLO/CA & Taft Roundabout/Patel/Grant Deed
CERTIFICATE OF ACCEPTANCE
This is to certify that the City of San Luis Obispo, grantee herein, hereby accepts for public purposes
the real property, or interests therein, described in the within Grant Deed from Kirit Chunibhai Patel
and Gita Kirit Patel, Trustees of the Kirit Chunibhai Patel and Gita Kirit Patel 1992 Revocable
Living Trust, and consents to the recordation thereof.
In Witness Whereof, I have hereunto set my hand this ______ day of _______________, 20___.
CITY OF SAN LUIS OBISPO,
a municipal corporation and charter city
____________________________________
Erica A. Stewart, Mayor
ATTEST:
__________________________
Teresa Purrington, City Clerk
ACKNOWLEDGEMENT
STATE OF CALIFORNIA )
COUNTY OF SAN LUIS OBISPO )
On __________________________, before me, Megan Wilbanks, Notary Public, personally appeared
Erica A. Stewart, Mayor, CITY OF SAN LUIS OBISPO, who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged
to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
______________________________
Megan Wilbanks, Notary Public (Official Notary Seal)
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed
the document to which this certificate is attached and not the truthfulness, accuracy, or validity of that document.
Page 460 of 615
G overnment r eal e state s ervices
a division of
Beacon inteGrated Professional resources, inc.
When a Public Agency
Acquires Your Property
This booklet describes many of the important features of the
California Relocation Assistance and Real Property
Acquisition Guidelines specified in Title 25, Division1,
Chapter 6 of the California Code of Regulations
("Guidelines") and the Uniform Relocation Assistance and
Real Property Acquisition Policies Act of 1970, as
amended, ("Uniform Act"). It also gives general information
about public acquisition of real estate (real property) that
should be useful to you.
Most real property acquisitions by a public agency are
covered by the Guidelines, and in the case of federally-funded
projects, by the Uniform Act. If you are notified that your
property will be acquired for such a project, it is important that you
learn your rights.
This booklet may not answer all of your questions. If you have
more questions about any potential sought purchase of your property
by a public agency, please feel free to contact a representative
from Hamner, Jewell and Associates.
Contact Your Acquisition Agent:
Stephen Myrick
Hamner, Jewell & Associates
Phone (805) 773-1459
Fax (805) 773-2418
SMyrick@hamner-jewell.com
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Page - 1Hamner, Jewell & Associates Rev. 6/8/18
General Questions
What Right Has Any Public Agency To Acquire My Property?
The Federal Government and every State and local government have certain powers which are necessary for
them to operate effectively. For example, they have the power to levy taxes and the power to maintain order.
Another government power is the power to acquire private property for public purposes. This is known as the
power of eminent domain.
The rights of each of us are protected, however, by the Fifth and Fourteenth Amendments of the United States
Constitution and by State constitutions and eminent domain laws which guarantee that if a public agency takes
private property it must pay “just compensation” to the owner.
Who Made The Decision To Buy My Property?
The decision to acquire a property for a public project usually involves many persons and many determinations.
The final determination to proceed with the project is made only after a thorough review which may include
public hearings to obtain the views of interested citizens.
If you have any questions about the project or the selection of your property for acquisition, you should ask your
acquisition agent.
How Will The Agency Determine How Much To Offer Me For My Property?
Before making you an offer, the Agency will obtain at least one appraisal of your property by a competent real
property appraiser who is familiar with local property values. The appraiser will inspect your property and
state his/her professional opinion of its current fair market value in an appraisal report. After the appraiser has
completed the work, the Agency reviews and checks the work to assure that the estimate is fair and the work
conforms with professional appraisal standards.
The Agency must offer you “just compensation” for your property. This amount cannot be less than the appraised
fair market value of the property. “Just compensation” for your property does not take into account your
relocation needs. If you are eligible for relocation assistance, it will be additional.
What Is Fair Market Value?
Fair market value is sometimes defined as that amount of money which would probably be paid for a property in
a sale between a willing seller, who does not have to sell, and a willing buyer, who does not have to buy. In some
areas, a different term or definition may be used.
The fair market value of a property is generally considered to be “just compensation.” Fair market value does not
take into account intangible elements such as sentimental value, goodwill, business profits, or any special value
that your property may have for you or for the Agency.
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Page - 2Hamner, Jewell & Associates Rev. 6/8/18
Appraising Your Property
How Does An Appraiser Determine The Fair Market Value Of My Property?
Each parcel of real property is different, and therefore, no single formula can be devised to appraise all properties.
Among the factors an appraiser typically considers in estimating the value of real property is:
•How it compares with similar properties in the area that have been sold recently.
•How much it would cost to reproduce the buildings and other structures, less any depreciation.
•How much rental income it could produce.
Will I Have A Chance To Talk To The Appraiser?
Yes, you will be contacted and given the opportunity to accompany the appraiser on his/her inspection of your
property. You may then inform the appraiser of any special feature which you believe may add to the value of your
property. It is in your best interest to provide the appraiser with all the useful information you can in order to
ensure that nothing of allowable value will be overlooked. If you are unable to meet with the appraiser, you may
wish to have a person who is familiar with your property represent you.
When Will I Receive A Written Purchase Offer?
Generally, this will depend on the amount of work required to appraise your property and the status of the
Agency’s project schedule. After the appraisal has been reviewed (and any necessary correction obtained), the
Agency will determine just compensation and give you a written purchase offer in that amount along with a
“summary statement,” explaining the basis for the offer. No negotiations are to take place before you receive the
written purchase offer and summary statement.
What Is In The Summary Statement Of The Basis For The Offer Of Just Compensation?
The summary statement of the basis for the offer of just compensation will include:
•An accurate description of the property and the interest in the property to be acquired.
•A statement of the amount offered as just compensation. (If only part of the property is to be acquired, the
compensation for the part to be acquired and the compensation for damages, if any, to the remaining part
will be separately stated.)
•A list of the buildings and other improvements covered by the offer. (If there is a separately held interest in
the property not owned by you and not covered by the offer; e.g., a tenant-owned improvement, it will be
so identified.)
Must I Accept The Agency’s Offer?
No. You are entitled to present your evidence as to the amount you believe is the fair market value of your
property and to make suggestions for changing the terms and conditions of the offer. The Agency will consider
your evidence and suggestions. When fully justified by the available evidence of value, an increase in the offer
price will be made. If you would like to hire your own appraiser, the Agency is required to reimburse you for the
actual reasonable costs, not to exceed $5,000, of one independent appraisal of the property interest sought by
the Agency. The appraiser you hire must be licensed by the State Office of Real Estate Appraisers.
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Page - 3Hamner, Jewell & Associates Rev. 6/8/18
May Someone Represent Me During Negotiations?
Yes. If you would like an attorney or anyone else to represent you during negotiations, please inform the Agency.
However, State Guidelines do not require the Agency to pay the costs of such representations.
How Do I Know I Will Be Treated Fairly?
No person in the United States of America shall, on the grounds of race, color, national origin, sex, age, or disability
be excluded from the participation in, be denied the benefits of, or be otherwise subjected to discrimination
under any public programs or activities. If federal funding is being utilized in the project for which your property
is being sought, the acquiring agency will assure full compliance with Title VI of the Civil Rights Act of 1964, the
Civil Rights Restoration Act of 1987, and related statutes and regulations. Any person who believes they have
been subjected to unlawful discriminatory practice under Title VI has a right to file a formal complaint with the
acquiring agency.
If I Reach Agreement With The Agency, How Soon Will I Be Paid?
If you reach a voluntary agreement to sell your property and your ownership (title to the property) is clear,
payment will be made at a mutually acceptable time. Generally, this should be possible within 30 to 60 days after
you sign a purchase contract. If the title evidence obtained by the Agency indicates that further action is necessary
to show that your ownership is clear, you may be able to hasten the payment by helping the Agency obtain the
necessary proof. (Title evidence is basically a legal record of the ownership of the property. It identifies the
owners of record and lists the restrictive deed covenants and recorded mortgages, liens, and other instruments
affecting your ownership of the property.)
What Happens If I Don’t Agree To The Agency’s Purchase Offer?
If you are unable to reach a voluntary agreement through negotiations, the Agency may file a suit in court to
acquire your property through an eminent domain proceeding. Eminent domain proceedings are often called
condemnations. If your property is to be acquired by condemnation, the Agency will file the condemnation suit
without unreasonable delay.
Negotiations
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Page - 4Hamner, Jewell & Associates Rev. 6/8/18
What Happens After The Agency Condemns My Property?
You will be notified of the action. Condemnation procedures vary, and you should learn the procedures which
apply in your case. Your acquisition agent can explain these procedures. In most instances, when an Agency
files a condemnation suit, it must deposit with the court (or in an escrow account) an amount not less than its
appraisal of the fair market value of the property. You should be able to withdraw this amount, less any amounts
necessary to pay off any mortgage or other liens on the property and to resolve any special ownership problems.
Withdrawal of your share of the money will not affect your right to seek additional compensation for your
property.
During the condemnation proceeding, you will be provided an opportunity to introduce your evidence as to the
value of your property. Of course, the Agency will have the same right. After hearing the evidence of all parties,
the court will determine the amount of just compensation. If that amount exceeds the amount deposited by the
Agency, you will be paid the difference, plus any interest that may be provided by law.
To help you in presenting your case in a condemnation proceeding, you may wish to employ an attorney and an
appraiser. However, in most cases the costs of these professional services and other costs which an owner incurs
in presenting his or her case to the court must be paid by the owner.
What Can I Do If I Am Not Satisfied With The Court’s Determination?
If you are not satisfied with the court judgment, you may file an appeal with the appropriate appellate court for
the area in which your property is located. If you are considering an appeal, you should check on the applicable
time limit for filing the appeal and consult with your attorney on whether you have a basis for the appeal. The
Agency may also file an appeal if it believes the amount of the judgment is too high.
Will I Have To Pay Any Settlement Costs?
You will be responsible for the payment of the balance of any mortgage on your property. Also, if your ownership
is not clear, you may have to pay the costs of clearing it. But the Agency is responsible for all reasonable and
necessary costs for:
•Typical services required to complete the sale, recording fees, revenue stamps, transfer taxes and any similar
expenses which are incidental to transferring ownership to the Agency.
•Penalty costs and other charges related to prepayment of any recorded mortgage on the property that was
entered into in good faith.
•Real property taxes covering the period beginning on the date the Agency acquires your property.
Whenever possible, the Agency will make arrangements to pay these costs directly. If you must incur any of these
expenses yourself, you will be repaid--usually at the time of settlement. If you later discover other costs for which
you should be repaid, you should request repayment from the Agency immediately. The Agency will assist you in
filing a claim. Finally, if you believe that you were not properly repaid, you may appeal the decision to the Agency.
Condemnation Procedures
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Page - 5Hamner, Jewell & Associates Rev. 6/8/18
May I Keep Any Of The Buildings Or Other Improvements On My Property?
Very often many or all of the improvements on the property are not required by the Agency. This might include
such items as a fireplace mantel, your favorite shrubbery, or even an entire house. If you wish to keep any
improvements, please let the Agency know as soon as possible.
If you do arrange to keep any improvement, the Agency will deduct only its salvage value from the purchase price
you would otherwise receive. (The salvage value of an item is its probable selling price if offered for sale on the
condition that the buyer will remove it at his or her own expense.) Of course, if you arrange to keep any real
property improvement, you will not be eligible to receive a relocation payment for the cost of moving it to a
new location.
Can The Agency Take Only A Part Of My Property?
Yes. But if the purchase of only a part of your property reduces the value of the remaining part(s), you will be
paid for the loss in value. Also, if any remaining part would have little or no utility or value to you, the Agency
will offer to buy that remaining part from you.
Occasionally, a public project will increase the value of a remaining part which is not acquired by the agency.
Under some eminent domain laws, when this occurs, the amount of the increase in value is deducted from the
purchase price the owner would otherwise receive.
Will I Have To Pay Rent To The Agency After My Property Is Acquired?
If you remain on the property after acquisition, you may be required to pay a fair rent to the Agency. Such rent
will not exceed that charged for the use of similar properties in similar areas.
How Soon Must I Move?
If possible, a mutually agreeable date for the move will be worked out. Unless there is an urgent need for your
property (e.g., your occupancy would present a health or safety emergency), you will not be required to move
without at least 90 days advance written notice.
If you reach a voluntary agreement to sell your property, you will not be required to move before you receive
the agreed purchase price. If the property is acquired by condemnation, you cannot be required to move before
the estimated fair market value of the property has been deposited with the Court so that you can withdraw
your share.
If you are being displaced from a dwelling unit, you will not be required to move before a comparable replacement
home is available to you.
What Happens Next?
Page 466 of 615
Page - 6Hamner, Jewell & Associates Rev. 6/8/18
Will I Receive Relocation Assistance?
State Guidelines require that certain relocation payments and other assistance be provided to families, individuals,
businesses, farms, and nonprofit organizations when they are displaced or their personal property must be
moved as a result of certain Agency activities.
A full explanation of any relocation assistance to which you may be entitled will be provided to you. If you have
any question about such assistance, please contact your relocation representative. In order for the Agency to
fulfill its relocation obligations to you, you must keep the Agency informed of your plans.
My Property Is Worth More Now. Must I Pay Capital Gains Tax On The Increase?
In most cases when a public agency acquires real property for public purposes, the property owner may postpone
the payment of Federal capital gains taxes on any profit from the sale if he or she reinvests the profit in similar
property within a certain replacement period. To take advantage of this right, you should review the rules and
file the details in a statement with your Federal income tax return for the tax year in which you realize the gain.
Internal Revenue Service (IRS) Publication 544 explains how the Federal income tax would apply to a gain or
loss resulting from the condemnation of real property, or its sale under the threat of condemnation, for public
purposes. If you have any questions about the IRS rules, you should discuss your particular circumstances with
your personal tax advisor or your local IRS office.
I’m A Veteran. How About My VA Loan?
After your VA home mortgage loan has been repaid, you will be permitted to obtain another VA loan to purchase
another property. Check on such arrangements with your nearest Veterans Administration Office.
Is It Possible To Donate Property?
Yes. You may donate your property or sell it to the Agency for less than its fair market value. The Agency must
obtain an appraisal of the property and offer just compensation for it, unless you release the Agency from these
obligations.
Additional Information
If you have further questions after reading this booklet, please contact:
Stephen Myrick
Hamner, Jewell & Associates
Phone (805) 773-1459
Fax (805) 773-2418
SMyrick@hamner-jewell.com
We are available to answer any questions you may have!
Money Matters
Page 467 of 615
District 1
Equal Employment
Opportunity
(EEO) Office
1656 Union Street
Eureka, CA 95501
(707)441-5814
District 2
EEO Office
1657 Riverside Drive
Redding, CA 96001
(530)225-3055
District 3
EEO Office
703 B Street
Marysville, CA 95901
(530)741-7130
District 4
EEO Office 111 Grand Avenue Oakland, CA 94612
(510)286-5871
District 5
EEO Office
50 Higuera Street
San Luis Obispo, CA 93401
(805)549-3037
District 6
EEO Office
1352 West Olive Avenue
Fresno, CA 93728
(559)444-2522
District 7
EEO Offce
100 S. Main Street
Los Angeles, CA 90012
(213)897-0797
District 8
EEO Offce
464 West 4th Street
San Bernardino, CA 92401
(909)383-4229
District 9
EEO Office
500 S. Main Street
Bishop, CA 93514
(760)872-0752
District 10
EEO Office
1976 East Dr. Martin
Luther King Jr. Blvd.
Stockton, CA 95205
(209)948-3911
District 11
EEO Office
4050 Taylor Street
San Diego, CA 92110
(619)688-4249
District 12
EEO Office
1750 East 4th Street,
Suite 100
Santa Ana, CA 92705
(657) 328-6596
Headquarters
Title VI Coordinator
1823 14th Street
Sacramento, CA 95811
(916)324-8379
This publication
will be made
available in
alternative formats:
Braille
Large print
Computer disc
Audio version or
in a different language
upon request by calling
the Caltrans Offce of
Business & Economic
Opportunity
(916) 324-8379
711 (TTY)
Your Rights
Under
Title VI
and Related
Statutes
Caltrans & You
This brochure is designed to
inform you of the requirements of
Title VI of the Civil Rights Act of
1964 and your rights under
those requirements.
April 2019 Page 468 of 615
What is Title VI?
Title VI is a statute provision
of the Civil Rights Act of 1964.
Title VI (Sec. 601) of the
Civil Rights Act of 1964 provides:
“No person in the United States shall,
on the grounds of race, color, or
national origin, be excluded from
participation in, be denied the benefts
of, or be subjected to discrimination
under any program or activity receiving
Federal fnancial assistance.”
(42 U.S.C. Sec. 2000d)
Additionally, Executive
Order 12898, Federal Actions
to Address Environmental Justice
in Minority Populations and
Low-Income Populations 1994 provides:
“Each Federal agency shall make
achieving environmental justice
part of its mission by identifying
and addressing, as appropriate,
disproportionately high and adverse
human health or environmental effects
of its programs, policies, and activities
on minority populations and low-
income populations.”
Related statutes provide protection against
discrimination on the basis of sex, age, or
disability by programs receiving federal
fnancial assistance.
What does this mean?
That Caltrans strives to ensure that access to and use
of all programs, services, or benefts derived from any
Caltrans activity will be administered without regard
to race, color, national origin, sex, age, disability or
socioeconomic status.
Caltrans will not tolerate discrimination by a Caltrans
employee or recipients of federal funds such as
cities, counties, contractors, consultants, suppliers,
universities, colleges, planning agencies, and any
other recipients of federal-aid highway funds.
Caltrans prohibits all discriminatory practices,
which may result in:
•Denial to any individual of any service,
fnancial aid, or beneft provided under the
program to which he or she may be otherwise
entitled;
•Different standards or requirements for
participation;
•Segregation or separate treatment in any part
of the program;
•Distinctions in quality, quantity, or manner in
which the beneft is provided;
•Discrimination in any activities conducted in
a facility built in whole or part with federal
funds.
To ensure compliance with Title VI, related statutes, and
the Presidential Executive Order on Environmental
Justice, Caltrans will:
•Avoid or reduce harmful human health and
environmental effects on minority and
low-income populations;
•Ensure the full and fair participation by all
communities including low-income and
minority populations in the transportation
decision-making process;
•Prevent the denial of, reduction in, or
signifcant delay in the receipt of benefts by
minority and low-income populations.
Additionally, any recipient, including, but not limited
to, Metropolitan Planning Organizations and cities
and counties, who receive federal fnancial aid bears
a responsibility to administer its program and
activities without regard to race, color, national
origin, sex, age, disability, or socioeconomic status.
Benefts and Services
Caltrans’ mission is to provide the people of
California with a safe, effcient, and effective
inter-modal transportation system. All of the
work Caltrans performs is intended to assist
the transportation needs of all the people of California
regardless of race, color, national origin,
sex, age, disability, or socioeconomic status.
Are your rights being violated?
If you believe that you have been discriminated
against because of your race, color, national origin,
sex, age, or disability, you may fle a written
complaint with the Caltrans Equal Employment
Opportunity (EEO) Offce. District EEO offces are
located statewide. The addresses and telephone
numbers are located on the back of this brochure.
Title VI complaints are forwarded to Sacramento for
investigation by the Caltrans Offce of Business &
Economic Opportunity Title VI Program.
Who bears the responsibility
to Title VI?
All of Caltrans employees and its functional programs.
The Caltrans Offce of Business & Economic
Opportunity Title VI Program provides continuous
leadership, guidance, and technical assistance to
ensure ongoing compliance with Title VI and the
Executive Order on Environmental Justice.
Page 469 of 615
RESTRICTED APPRAISAL REPORT
SHOPPING CENTER PARTIAL ACQUISITION
578 California Blvd.
San Luis Obispo, California 93405
VALUATION DATES
Fair Market Value: April 17, 2025
Date of Report: May 2, 2025
PREPARED BY
Rachel Unger
Michael Burger MAI, R/W-AC
Central California Appraisals
4915 Calloway Dr., Suite 101
Bakersfield, CA 93312
File No: 33-S25
PREPARED FOR
Lillian D Jewell
Hamner, Jewell and Associates
3183 Duncan Rd. Suite E
San Luis Obispo, California 93401
Page 470 of 615
4915 Calloway Dr., Suite 101
Bakersfield, CA 93312
CENTRAL CALIFORNIA APPRAISALS 33-S25
May 2, 2025
Lillian D Jewell
Hamner, Jewell and Associates
3183 Duncan Rd. Suite E
San Luis Obispo, California 93401
RE: Restricted Appraisal Report
Shopping Center Partial Acquisition
578 California Blvd., San Luis Obispo, California 93405
Central California Appraisals File No: 33-S25
Ms. Jewell:
Central California Appraisals is proud to present the appraisal that satisfies the agreed upon scope of work
with Hamner, Jewell and Associates.
This appraisal report sets forth the pertinent data gathered, the techniques employed, and the reasoning
leading to our value opinions. This letter of transmittal does not constitute an appraisal report and the
rationale behind the value opinion(s) reported cannot be adequately understood without the accompanying
appraisal report.
We developed our analyses, opinions, and conclusions and prepared this report in conformity with the Code
of Professional Ethics and Standards of Professional Appraisal Practice of the Appraisal Institute; and the
requirements of our client as we understand them. This report conforms to the current Uniform Standards of
Professional Appraisal Practice (USPAP), the California Code of Civil Procedure and the appraisal guidelines of
Hamner, Jewell and Associates. The purpose of this appraisal report is to provide an updated value
opinion as of a current date of value. Reference to the original appraisal should be made for property
data, characteristics, and appraisal analysis. In this regard, the client reports there have been no
substantial changes to the subject property or to the characteristics of the acquisition area. Therefore,
this appraisal only considers an updated value based on current sale comparisons.
The subject property, located at 578 California Blvd., San Luis Obispo, CA, includes a small shopping center at
the northeast quadrant of the Hwy. 101 and California Blvd. interchange. The client has requested fair market
value relative to a proposed partial acquisition for roadway improvements. The larger parcel, as referenced
above, is located on the southeast corner of California Blvd. and Taft St. and is further identified as Assessor’s
Parcel Number (APN) 001-043-027. The property consists of a multi-tenant retail building on a 0.51 acre or
22,216 SF site. As discussed in the original appraisal, as the acquisition does not affect the remainder of the
property, and no severance damage is evident, consideration is given only the portion of land being acquired.
Page 471 of 615
CENTRAL CALIFORNIA APPRAISALS 33-S25 2
The purpose of this appraisal is to develop an opinion of the Fair Market Value (Fee Simple Estate). The
following table conveys the final opinion of value that is developed in this appraisal:
MARKET VALUE CONCLUSION
VALUATION SCENARIO INTEREST APPRAISED EFFECTIVE DATE VALUE
Fair Market Value Fee Simple Estate April 17, 2025 $313,000
The acceptance of this appraisal assignment and the completion of the appraisal report submitted herewith
are subject to the General Assumptions and Limiting Conditions contained in the report. The findings and
conclusions are further contingent upon the following extraordinary assumptions and/or hypothetical
conditions which might have affected the assignment results:
EXTRAORDINARY ASSUMPTIONS
No Extraordinary Assumptions were made for this assignment.
HYPOTHETICAL CONDITIONS
The fair market value of the property taken shall not include any increase or decrease in the value of the
property that is attributable to any of the following: a) the project for which the property is taken: b) the
eminent domain proceeding in which the property is taken; and c) any preliminary actions of the plaintiff
relating to the taking of the property. [California Code of Civil Procedure, Section 1263.330]
If there are any specific questions or concerns regarding the attached appraisal report, or if Central California
Appraisals can be of additional assistance, please contact the individuals listed below.
Respectfully Submitted,
CENTRAL CALIFORNIA APPRAISALS
Rachel Unger
Certified General Real Estate Appraiser
California License No. AG044296
Expiration Date 6/6/2026
661-587-1010
runger@appraisecc.com
Michael Burger MAI, R/W-AC
Certified General Real Estate Appraiser
California License No. AG003817
Expiration Date 5/17/2026
661-410-1014
mburger@appraisecc.com
Page 472 of 615
TABLE OF CONTENTS
CENTRAL CALIFORNIA APPRAISALS 33-S25 i
LETTER OF TRANSMITTAL
INTRODUCTION
Executive Summary _______________________________________________________________________________________________________ 1
Property Identification ____________________________________________________________________________________________________ 1
Scope of Work ____________________________________________________________________________________________________________ 3
Acquisition Description ___________________________________________________________________________________________________ 9
VALUATION
Site Valuation ___________________________________________________________________________________________________________ 13
Certification _____________________________________________________________________________________________________________ 23
ADDENDA 25
Engagement Letter ______________________________________________________________________________________________________ 25
Subject Photographs ____________________________________________________________________________________________________ 26
Acquisition Map _________________________________________________________________________________________________________ 28
Assessor Map ___________________________________________________________________________________________________________ 29
Zone Map _______________________________________________________________________________________________________________ 30
Flood Map _______________________________________________________________________________________________________________ 31
Aerial Photograph _______________________________________________________________________________________________________ 32
Regional Map ___________________________________________________________________________________________________________ 33
Local Map _______________________________________________________________________________________________________________ 34
Easement Grant Deed ___________________________________________________________________________________________________ 35
Sale Data Sheets ________________________________________________________________________________________________________ 36
Qualifications ____________________________________________________________________________________________________________ 37
Page 473 of 615
EXECUTIVE SUMMARY
CENTRAL CALIFORNIA APPRAISALS 33-S25 1
PROPERTY IDENTIFICATION
Name Shopping Center
Property Land - Free Standing Retail
Address 578 California Blvd.
City, State Zip San Luis Obispo, California 93405
County San Luis Obispo County
MSA San Luis Obispo-Paso Robles-Arroyo Grande, CA MSA
Market / Submarket San Luis Obispo / Central
Geocode 35.290771,-120.659528
Census Tract 06-079-010902
Legal Description A legal description is included in the Addenda.
SITE DESCRIPTION
Number of Parcels 1
Assessor Parcel Number
Land Area Square Feet Acres
Total 22,216 0.51
Zoning Neighborhood Commercial (C-N)
Shape Irregular
Topography Level at street grade
Flood Zone Zone X (Unshaded)
Seismic Zone Medium Risk
QUALITATIVE ANALYSIS
Site Quality Good
Site Access Average
Site Exposure Good
Site Utility Average
001-043-027
HIGHEST & BEST USE
Proposed Construction No
As Vacant
As Improved
Development to uses allowed by zoning, likely a retail or mixed
Continue use as a retail center.
PROPERTY IDENTIFICATION – LARGER PARCEL
The subject property is located at 578 California Blvd., San Luis Obispo, California 93405.
The Assessor Parcel Number is: 001-043-027.
PROPERTY IDENTIFICATION – ACQUISITION
The acquisition area includes a 2,182 SF portion of the northwest corner of the site that is needed for roadway
improvements. Additionally, the property is proposed for an 18 month Temporary Construction Easement on
763 SF adjoining the fee acquisition area, as well as a Temporary Non-Exclusive Access Easement for use of
the driveway and parking lot containing 1,614 SF for an 18-month period.
LEGAL DESCRIPTION – LARGER PARCEL
A legal description is included in the Addenda.
LEGAL DESCRIPTION – ACQUISITION
A Grant Deed provided by the client, as included in the Addenda, includes legal descriptions of the fee
acquisition area as well as the TCE areas.
Page 474 of 615
EXECUTIVE SUMMARY (CONTINUED)
CENTRAL CALIFORNIA APPRAISALS 33-S25 2
CLIENT IDENTIFICATION
The client of this specific assignment is Hamner, Jewell and Associates.
PURPOSE, INTENDED USE & INTENDED USERS
The purpose of this appraisal is to develop an opinion of the Fair Market Value (Fee Simple Estate). The
purpose of the appraisal is to determine fair market value for eminent domain purposes relative to a partial
acquisition. Hamner, Jewell and Associates and the City of San Luis Obispo are the only intended user of this
report.
PERSONAL PROPERTY & BUSINESS INTANGIBLE
There is no personal property (FF&E) included in this valuation.
PROPERTY AND SALES HISTORY
The subject property is currently under the ownership of Patel Kirit C Trust, according to the San Luis Obispo
County records. According to county records there has been no transfer of ownership for the subject property
in the past three years and there is no known pending sale or listing of the subject.
DEFINITION OF MARKET VALUE
The purpose of this appraisal is to estimate the fair market value of the proposed acquisition appraised.
Section 1263.320 of the Code of Civil Procedure defines market value as:
1. (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 the property taken for which there is no relevant market is
its value on the date of valuation as determined by any method of valuation that is just
and equitable.
The legal property rights appraised are the fee simple interest existing in the property and the easement
interests to be acquired. Fee simple rights are appraised free and unencumbered, subject to existing
easements and rights-of-way of record, but excluding the impact of leases or financing.
Under eminent domain law (CCP Sec. 1263.330), the fair market value of the property taken shall not include
any increase or decrease in the value of the property that is attributable to any of the follows:
1. The project for which the property is taken.
2. The eminent domain proceeding in which the property is taken.
3. Any preliminary actions of the acquiring authority relating to the taking of the property.
This is contrary to USPAP Standards Rule 1-4 (f), which requires “When analyzing anticipated public or private
improvements, located on or off the site, an appraiser must analyze the effect on value, if any, of such
anticipated improvements to the extent they are reflected in market actions.” In this instance, the California
law is followed and this section of USPAP is disregarded.
Page 475 of 615
EXECUTIVE SUMMARY (CONTINUED)
CENTRAL CALIFORNIA APPRAISALS 33-S25 3
Eminent Domain: According to the Dictionary of Real Estate Appraisal, Sixth Edition, Appraisal Institute,
eminent domain is defined as:
"The right of government to take private property for public use upon the payment of
just compensation. The Fifth Amendment of the U.S. Constitution, also known as the
takings clause, guarantees payment of just compensation upon appropriation of private
property."
Condemnation: According to the Dictionary of Real Estate Appraisal, Sixth Edition, Appraisal Institute,
condemnation is defined as:
"The act or process of enforcing the right of eminent domain."
Taking: According to "The Dictionary of Real Estate Appraisal," Sixth Edition, as published by the Appraisal
Institute:
“The acquisition of a parcel of land through condemnation.”
State Rule: According to The Dictionary of Real Estate Appraisal, Sixth Edition, published by the Appraisal
Institute,
"In condemnation, the process of determining just compensation by estimating the
value of the portion to be acquired as part of the whole property plus the net damages;
may be referred to as a taking plus damages rule."
PROPERTY RIGHTS APPRAISED
The property rights appraised constitute the fee simple estate
Fee Simple Interest
Absolute ownership unencumbered by any other interest or estate, subject only to the limitations imposed by
the governmental powers of taxation, eminent domain, police power and escheat.1
VALUE SCENARIOS
As-Is Market Value
The estimate of the market value of real property in its current physical condition, use, and zoning as of the
appraisal date.2
SCOPE OF WORK
The scope of work for this appraisal assignment is outlined below:
The appraisal analyzes legal and physical features of the subject including site size, improvement size,
flood zone, seismic zone, site zoning, easements, encumbrances, site access and site exposure.
The appraisal includes a Highest and Best Use analysis and conclusions have been completed for the
highest and best use of the subject property As Vacant and As Improved. The analysis considered legal,
locational, physical and financial feasibility characteristics of the subject site and existing improvements.
In selecting applicable approaches to value, the appraisers considered the agreed upon appraisal scope
and assessed the applicability of each traditional approach given the subject’s characteristics and the
1 The Dictionary of Real Estate Appraisal, Seventh Edition, Appraisal Institute, Chicago, Illinois, 2022
2 The Dictionary of Real Estate Appraisal, Seventh Edition, Appraisal Institute, Chicago, Illinois, 2022
Page 476 of 615
EXECUTIVE SUMMARY (CONTINUED)
CENTRAL CALIFORNIA APPRAISALS 33-S25 4
intended use of the appraisal. As a result, this appraisal developed Land Sales Comparison Approach.
The values presented represent the Fair Market Value (Fee Simple Estate).
The assignment was prepared as an Restricted Appraisal Report in accordance with USPAP Standards
Rules 2, with the analysis stated within the document and representing a brief level of analysis.
The authors of this report are aware of the Competency Rule of USPAP and meet the standards.
ASSISTANCE PROVIDED
Cameron Born provided real property appraisal assistance to the appraisers signing this certification.
Assistance provided included an exterior inspection and photographs of the subject.
SOURCES OF INFORMATION
The following sources were contacted to obtain relevant information:
INFORMATION PROVIDED
Property Assessment & Tax San Luis Obispo County Ass essor
Zoning & Land Use Planning City of San Luis Obispo Zoning
Site Size San Luis Obispo County Assessor
Building Size San Luis Obispo County Assessor
Supply & Demand CoStar
Flood Map FEMA
Demographics STDB On-Line
Comparable Information MLS | Public Records | Confirmed by Local Agents
Legal Description Preliminary Title Report
The lack of unavailable items could affect the results of this analysis. As part of the general assumptions and
limiting conditions, the subject is assumed to have no adverse easements, significant items of deferred
maintenance, or be impacted by adverse environmental conditions.
SUBJECT PROPERTY INSPECTION
PROPERTY INSPECTION
APPRAISER INSPECTED EXTENT DATE ROLE
Rachel Unger No N/A April 17, 2025 Primary Appraiser
Michael Burger MAI, R/W-AC Yes Exterior April 17, 2025 Appraiser
Cameron Born Yes Exterior April 17, 2025 Inspection Technician
The acceptance of this appraisal assignment and the completion of the appraisal report submitted herewith
are subject to the General Assumptions and Limiting Conditions contained in the report. The findings and
conclusions are further contingent upon the following extraordinary assumptions and/or hypothetical
conditions which might have affected the assignment results:
EXTRAORDINARY ASSUMPTIONS AND HYPOTHETICAL CONDITIONS
No Extraordinary Assumptions were made for this assignment.
The fair market value of the property taken shall not include any increase or decrease in the value of the
property that is attributable to any of the following: a) the project for which the property is taken: b) the
eminent domain proceeding in which the property is taken; and c) any preliminary actions of the plaintiff
relating to the taking of the property. [California Code of Civil Procedure, Section 1263.330]
Page 477 of 615
SITE DESCRIPTION
CENTRAL CALIFORNIA APPRAISALS 33-S25 5
Number of Parcels 1
Assessor Parcel
Land Area Square Feet Acres
Total Land Area 22,216 0.51
Excess/Surplus Land No
Corner Yes; Signalized
Site Topography Level At street grade
Site Shape Irregular
Site Grade At street grade
Site Quality Good
Site Access Average
Site Exposure Good
Site Utility Average
Utilities Full
Comments
001-043-027
The site is well located at the on/off-ramp for southbound
Hwy. 101.
Flood Zone Data: Zone X (Unshaded). This is referenced by Panel Number 06079C1066G,
dated November 16, 2012. Zone X (unshaded) is a moderate and
minimal risk area. Areas of moderate or minimal hazard are studied
based upon the principal source of flood in the area. However,
buildings in these zones could be flooded by severe, concentrated
rainfall coupled with inadequate local drainage systems. Local storm
water drainage systems are not normally considered in a community’s
flood insurance study. The failure of a local drainage system can create
areas of high flood risk within these zones. Flood insurance is available
in participating communities, but is not required by regulation in these
zones. Nearly 25% of all flood claims filed are for structures located
within these zones. Minimal risk areas outside the 1% and 0.2% annual
chance floodplains. No BFEs or base flood depths are shown within
these zones. (Zone X (unshaded) is used on new and revised maps in
place of Zone C.)
Site Improvements: The larger parcel includes an asphalt paved parking lot, landscaping,
and exterior lighting.
Topography: Level
Environmental: The appraiser was not provided an environmental site assessment. It
is assumed no hazardous contamination has occurred. Therefore, the
cost of clean-up, encasement or removal and its effect on value, have
not been considered.
SITE DESCRIPTION
Page 478 of 615
SITE DESCRIPTION (CONTINUED)
CENTRAL CALIFORNIA APPRAISALS 33-S25 6
Seismic Zone: The property is not located in the Alquist-Priolo Earthquake Fault
Zone. The community has adopted a seismic element to the general
plan and requires all construction to meet Zone 4 of the Uniform
Building Code, which is in consideration of earthquake hazards
associated with California.
Restrictions: A preliminary title report was provided for a prior appraisal, as
prepared by First American Title, dated 9/6/2017. Easements and
restrictions are typical of other similar parcels in the area. During the
property inspection, no adverse easements or encumbrances were
noted. This appraisal assumes that there are no adverse easements
present. If questions arise, further research is advised.
Site Comments: The subject property consists of one parcel with a total site area of
22,216 SF (0.51 AC) which is based on information obtained from San
Luis Obispo County Assessor. It is perceived that there is no surplus or
excess land at the subject. For the purposes of this report we have
relied on this site area and reserve the right to amend our analysis
upon receipt of a formal legal plan.
Aerial photographs and other property exhibits can be found in the Addenda of this report.
STREET & TRAFFIC DETAIL
Street Improvements Type Direction Lanes LightsCurbsSidewalksSignalsMedianParkingCenter LaneBike LaneCalifornia Blvd. Two-Lane Roadway Two-Way 3 x x x
Taft St. Connector Two-Way 2 x x
Page 479 of 615
SITE DESCRIPTION (CONTINUED)
CENTRAL CALIFORNIA APPRAISALS 33-S25 7
ZONING
The subject zoning is Neighborhood Commercial (C-N). The C-N zone is intended to accommodate the
establishment and operation of small-scale, pedestrian-oriented, and low-impact retail sales and personal
services businesses primarily for the convenience of people in surrounding residential areas, to meet the
frequent shopping needs of people living nearby. As summarized below, the Neighborhood Commercial zone
allows a variety of retail and commercial uses.
ZONING
Designation Neighborhood Commercial (C-N)
Zoning Authority City of San Luis Obispo
Permitted Uses A variety of commercial and retail uses.
Current Use Free Standing Retail
Current Use Legally Permitted Yes
Conforming Use The bulk of the improvements as well as the
parking conform to the requirements
ordinance.
Conforming Lot The bulk of the improvements as well as the
parking conform to the requirements
ordinance.Zoning Change Not Likely
Source: City of San Luis Obispo Planning & Zoning Department
The current use for the subject property is free standing retail and is a permitted use based on the current
zoning guidelines. A zoning change for the subject does not appear likely. Based on the foregoing, it appears
that the subject’s improvements are a legally conforming use of the subject site.
SITE RATING
Overall, the subject site is considered good as a land site in terms of its location, exposure and access to
employment, education and shopping centers, based on its location along a primary arterial with proximity to
freeway off-ramps.
TAXES & ASSESSMENT
In California, Proposition 13 establishes that annual increases of assessed value of real property should not
exceed 2% per year except in cases of a change in ownership, completion of new construction, and/or in the
case of a value restoration due to a prior year decline in value (Proposition 8) assessment. The total assessment
for the subject property for the tax year 2024 is $1,846,617 or $285.72 PSF. There are no exemptions in place.
The total tax bill for the property is $20,440 or $3.16 PSF.
According to San Luis Obispo County, real estate taxes for the subject property are current as of the date of
this report. Based on the scope of this assignment, any pending tax liens are not considered in the value
conclusion. Taxes are summarized as follows:
ASSESSMENT & TAXES (2024)
TAX RATE AREA TAX RATE 1.1069%
ASSESSOR PARCEL # LAND IMPROVEMENTS TOTAL EXEMPTIONS TAXABLE BASE TAX
001-043-027 $796,578
$1,050,039 $1,846,617 $0 $1,846,617 $20,440
TOTAL BASE TAX $/GBA / $ TOTAL $3.16 $20,440
Source: San Luis Obispo County Assessment & Taxation
Page 480 of 615
IMPROVEMENT DESCRIPTION
CENTRAL CALIFORNIA APPRAISALS 33-S25 8
IMPROVEMENTS DESCRIPTION
A description of the improvements is provided in the original appraisal. As discussed, no consideration is
given the building improvements.
Page 481 of 615
ACQUISITION DESCRIPTION
CENTRAL CALIFORNIA APPRAISALS 33-S25 9
As discussed in the original appraisal, a portion of the property is being acquired for roadway improvements
related to installation of a roundabout at the intersection. The acquisition consists of a 2,182 SF portion
located at the northwest corner of the parcel. Additionally, the property is proposed for a Temporary
Construction Easement on 763 SF as well as a Temporary Non-Exclusive Access Easement for use of the
driveway and parking lot containing 1,614 SF. Site and acquisition areas are further summarized as follows:
Acquisition Areas (SF)
Fee Simple TCE TNEAE
2,182 763 1,614
The acquisition area includes some small asphalt parking lot area and landscaping. There are also four mature
trees in the acquisition area to include the three tall palm trees (which appear to be Mexican Fan Palms), which
are grouped near the corner of the property and provide visual relief and aesthetic appeal. These trees are
each roughly 50 to 55 feet in height, with roughly a 12-inch trunk diameter. Also to be removed is one of the
three mature oaks, roughly 25 feet in height and 16 inches in trunk diameter. This tree is situated a bit east of
the palms. Two other mature oak trees will remain. An existing monument sign will be relocated by the
condemning agency. The acquisition will not result in the loss of any on-site parking spaces.
According to Duane Mathis, Forest Nursery, a mature oak tree can cost between $8,000 and $10,000. Shipping
and delivery costs are 20% of tree costs. Randy Kendall, Bob’s Crane Service reports the cost of the crane to
plant the trees would be approximately $3,250.
The following table provides a summary of the mature tree replacement cost budget on the Patel Trust, et al.,
property:
Mature Tree Replacement Cost
Palms: 150’ x $60/linear foot = $ 9,000
165’ x $60/linear foot = $ 9,900
Oak 8,000 to 10,000
Subtotal Trees $17,000 to $19,900
Shipping (20%) 3,400 to 3,980
Planting/Crane Operation 3,250 to 3,250
Total Range $23,650 to $27,130
Rounded $24,000 to $27,000
Conclusion $26,000
Page 482 of 615
ACQUISITION DESCRIPTION (CONTINUED)
CENTRAL CALIFORNIA APPRAISALS 33-S25 10
TCE Acquisitions
There are two types of temporary easements that will encumber various areas of the Patel Trust, et al.,
property. This includes one Temporary Construction Easement (TCE) that will be required for access, staging,
and construction-support purposes. This will encumber a level, landscaped area and a portion of the parking
lot. An additional temporary easement is identified as a Temporary Non-Exclusive Access Easement (TNEAE),
which includes portions of the parking lot and driveway for shared-use access purposes. These temporary
easements will be in place for 18 months. The temporary easements affecting the Patel Trust, et al., property
are summarized in the following table:
TCE Summary
Area Required For Affected Land Use
Area Affected
(SF)
Use Period
(Months)
TCE Construction support Landscaped area and driveway 763 18
TNEAE Access Driveway 1,614 18
Total 2,377
Page 483 of 615
HIGHEST & BEST USE
CENTRAL CALIFORNIA APPRAISALS 33-S25 11
The Highest and Best Use of a property is the use that is legally permissible, physically possible, and financially
feasible which results in the highest value. An opinion of the highest and best use results from consideration
of the criteria noted above under the market conditions or likely conditions as of the effective date of value.
Determination of highest and best use results from the judgment and analytical skills of the appraiser. It
represents an opinion, not a fact. In appraisal practice, the concept of highest and best use represents the
premise upon which value is based.
ANALYSIS OF HIGHEST AND BEST USE AS IF VACANT
The primary determinants of the highest and best use of the property as if vacant are the issues of (1) Legal
permissibility, (2) Physical possibility, (3) Financial feasibility, and (4) Maximum productivity.
Legally Permissible
The subject zoning is Neighborhood Commercial (C-N). The C-N zone is intended to accommodate the
establishment and operation of small-scale, pedestrian-oriented, and low-impact retail sales and personal
services businesses primarily for the convenience of people in surrounding residential areas, to meet the
frequent shopping needs of people living nearby. The subject site controls the general nature of permissible
uses but is appropriate for the location and physical elements of the subject property, providing for a
consistency of use with the general neighborhood. The location of the subject property is appropriate for the
uses allowed, as noted previously, and a change in zoning is unlikely.
Physically Possible
The physical attributes allow for a number of potential uses. Elements such as size, shape, availability of
utilities, known hazards (flood, environmental, etc.) and other potential influences have been considered.
There are no items of a physical nature that would materially limit appropriate and likely development.
Financially Feasible
The probable use of the site for its existing use as a Free Standing Retail conforms to the pattern of land use
in the market area although there have not been new developments in this area recently.
Maximally Productive
Among the financially feasible uses, the use that results in the highest value (the maximally productive use) is
the highest and best use. Considering these factors, the maximally productive use as though vacant is for
development to uses allowed by zoning.
Conclusion of Highest and Best Use As If Vacant
The conclusion of the highest and best use as if vacant is for development allowed by zoning, upon demand.
Page 484 of 615
IDENTIFICATION OF ASSIGNMENT (CONTINUED)
CENTRAL CALIFORNIA APPRAISALS 33-S25 12
ANALYSIS OF HIGHEST AND BEST USE AS IMPROVED
In determining the highest and best use of the property as improved, the focus is on three possibilities for the
property: (1) continuation of the existing use, (2) modification of the existing use, or (3) demolition and
redevelopment of the land.
Retaining the improvements as they exist meets the tests for physical possibility, legal permissibility and
financial feasibility. The improvements are in average condition and any alternative use of the existing
improvements is unlikely to be economically feasible. The market value of the property as improved exceeds
the combination of vacant site value plus cost of demolition of the improvements. Therefore, demolition and
redevelopment of the site is not maximally productive.
Conclusion of Highest & Best Use As Improved
The highest and best use of the subject property, As Improved, is Continue use as a retail center..
Most Probable Buyer
Based on the type of property and the highest and best use, it is our opinion that the most probable buyer
for the subject would be an investor.
Page 485 of 615
VALUATION
CENTRAL CALIFORNIA APPRAISALS 33-S25 13
VALUATION METHODS
Based on the agreed upon scope with the client, the subject’s specific characteristics and the interest
appraised, this appraisal developed Land Sales Comparison Approach. The values presented represent the
Fair Market Value (Fee Simple Estate).
SITE VALUATION – LARGER PARCEL
This section values the subject site by comparing it with substitute land sales or listings within the local market
area or in competitive areas throughout the region. Land value is influenced by a number of factors; most
notably development and use potential. These factors, as well as others, are factored in the following analysis.
The most relevant unit of comparison for competing land is the $/SF.
Adjustments to the comparable sales were considered and made when warranted for expenditures after
purchase, property rights transferred, conditions of sale, financing terms, and market conditions. Based on
research and interpretation of value trends, the analysis applies an upward market conditions adjustment of
3% annually.
The following Land Sales Comparison Table, location map summarize the sales data. Then the sales are
adjusted and the site value is concluded.
LAND SALES SUMMARY
DATE OF SALE LOCATION MUNICIPALITY SF UNADJUSTED SALE PRICE $/SF
1 6/11/2019 1185 Monterey St.San Luis Obispo 12,196 $2,200,000 $180
2 8/13/2020 1121 Montalban St. San Luis Obispo 15,000 $1,850,000 $123
3 12/30/2020 1480 Monterey St. San Luis Obispo 9,180 $850,000 $93
4 5/24/2021 666 Upham St. San Luis Obispo 14,500 $900,000 $62
5 8/25/2022 564 Higuera St. San Luis Obispo 15,766 $2,525,000 $160
6 5/12/2023 424 Higuera St. San Luis Obispo 7,500 $475,000 $63
7 6/7/2024 666 Upham St. San Luis Obispo 14,500 $1,551,000 $107
8 Pending 973 Higuera St.San Luis Obispo 5,227 $1,295,000 $248
Page 486 of 615
VALUATION CENTRAL CALIFORNIA APPRAISALS 33-S25 14 Sales are adjusted for market conditions as well as based on various characteristics as compared with the subject, summarized as follows: Page 487 of 615
VALUATION
CENTRAL CALIFORNIA APPRAISALS 33-S25 15
COMPARABLE LABEL ADDRESS MILES FROM SUBJECT
COMPARABLE 1 1 1185 Monterey St., San Luis Obispo, CA, 93401 0.5
COMPARABLE 2 2 1121 Montalban St., San Luis Obispo, CA, 93405 0.3
COMPARABLE 3 3 1480 Monterey St., San Luis Obispo, CA, 93405 0.4
COMPARABLE 4 4 666 Upham St., San Luis Obispo, CA, 93401 1.3
COMPARABLE 5 5 564 Higuera St., San Luis Obispo, CA, 93401 1.0
COMPARABLE 6 6 424 Higuera St., San Luis Obispo, CA, 93401 1.2
COMPARABLE 7 7 666 Upham St., San Luis Obispo, CA, 93401 1.3
COMPARABLE 8 8 973 Higuera St., San Luis Obispo, CA, 93401 0.7
7
Page 488 of 615
VALUATION (CONTINUED)
CENTRAL CALIFORNIA APPRAISALS 33-S25 16
LAND VALUE CONCLUSIONS – LARGER PARCEL
The comparable land sales indicate an overall unadjusted value range from $62/SF to $248/SF, and average
of $130/SF. After adjustments, the comparables indicate a narrower range for the subject site between $50/SF
and $148/SF with an average of $99/SF.
Based on the subject’s overall locational and physical features, a unit value conclusion of $105/SF is supported.
The following table summarizes the comparable land sales analysis and applies the unit value conclusion to
the site area to provide an indication of the as-vacant land value..
LAND SALES COMPARISON APPROACH CONCLUSION (SF)
TRANSACTION ADJUSTMENT NET GROSS
PRICE TRANSACTIONAL¹ ADJUSTED PROPERTY² FINAL ADJ ADJ
1 $180 18% $212 (30%)$148 (18%)48%
2 $123 14% $140 (10%)$126 2% 24%
3 $93 19% $111 (10%)$100 8% 29%
4 $62 11% $69 10% $76 23% 42%
5 $160 (68%)$52 5% $55 (66%)128%
6 $63 6% $67 (25%)$50 (21%)31%
7 $107 3% $110 10% $121 13% 43%
8 $248 0% $248 (55%)$112 (55%)65%
HIGH $248 19% $248 10% $148 23% 128%
AVG $130 0% $126 (13%)$99 (14%)51%
MED $115 9% $111 (10%)$106 (8%)42%
LOW $62 (68%)$52 (55%)$50 (66%)24%
SUBJECT SF $/SF
Usable Land 22,216 x $105 =
INDICATED VALUE (ROUNDED TO NEAREST $10,000) $105
¹Cumulative ²Additive
$2,332,680
VALUE
$2,330,000
VALUE OF FEE ACQUISITION
As discussed, the acquisition area includes some improvements, to include a paved driveway, parking lot,
landscaped area and trees. The value of these improvements based on the Marshall and Swift Valuation
Guide, as well as the value of the mature trees as already discussed in the Acquisition Description section, is
summarized as follows:
QTY. PRICE/UNIT TOTAL
Landscaped & asphalt area 2,182 SF $8.00 $17,456
Irrigation system 2,000 SF $1.69 $3,380
Mature Trees 1 $26,000 $26,000
Total Value of Site Improvements $46,836
Page 489 of 615
VALUATION (CONTINUED)
CENTRAL CALIFORNIA APPRAISALS 33-S25 17
Adding the value of the improvements within the acquisition area to the underlying fee value results in total
value of the acquisition as follows:
QTY. PRICE/UNIT TOTAL
Land value of acquisition area 2,182 $105.00 $229,110
Value of Site Improvements $46,836
Total Value of Easement Acquisition $275,946
SEVERANCE DAMAGE
No Severance Damage could be identified. The utility and function of the site in the After condition remains
relatively unchanged from the Before condition.
PROJECT BENEFITS
Under California Law, Project Benefits may be used to offset Severance Damage. However, no project benefits
are evident.
COST TO CURE
As discussed, the concrete drive approaches along the north property line will be impacted. This appraisal
assumes that the condemning agency will reconstruct the driveway approaches as part of the roadway
improvements. Further, the v-gutter drainage system adjoining the acquisition area will also be impacted and
it is assumed it will be repaired by the condemning agency. No other cost to cure items were identified.
VALUE OF TEMPORARY CONSTRUCTION & ACCESS EASEMENTS
In order to determine the value of the Temporary Construction and Access Easements, the value of the land
rent during the length of time the temporary easements will be in effect is utilized. In this regard, investors
typically require an annual 8% to 10% return on the underlying land value with a 10% return considered
reasonable. This results in the following market value of the easements:
Temporary Construction Easement Value
Underlying Land Value Per SF $105.00
Rent at 10% x 10%
Rent Per SF. $10.50
Area of TCE x 763
Annual Rent for TCE $8,011
Length of Term (years) x 1.5
Total TCE Value $12,016
Page 490 of 615
VALUATION (CONTINUED)
CENTRAL CALIFORNIA APPRAISALS 33-S25 18
Temporary Non-Exclusive Access Easement Value
Underlying Land Value Per SF $105.00
Rent at 10% x 10%
Rent Per SF. $10.50
Area of TCE x 1,614
Annual Rent for TCE $16,947
Length of Term (years) x 1.5
Total TCE Value $25,420
TOTAL FAIR MARKET VALUE
Based on the values discussed above, this results in total fair market value as follows:
Component As-Is
Value Type Fair Market Value
Property Rights Appraised Fee Simple
Effective Date of Value April 17, 2025
Value Conclusions
Value of Fee Acquisition $275,946
Damages Less Benefits Zero
Cost to Cure Zero
Value of TCE $12,016
Value of TNEAE $25,420
Total Fair Market Value $313,382
Round To $313,000
Page 491 of 615
ASSUMPTIONS & LIMITING CONDITIONS
CENTRAL CALIFORNIA APPRAISALS 33-S25 19
This appraisal is subject to the following general assumptions and limiting conditions:
1. The legal description – if furnished to us – is assumed to be correct.
2. No responsibility is assumed for legal matters, questions of survey or title, soil or subsoil conditions, engineering,
availability or capacity of utilities, or other similar technical matters. The appraisal does not constitute a survey
of the property appraised. All existing liens and encumbrances have been disregarded and the property is
appraised as though free and clear, under responsible ownership and competent management unless otherwise
noted.
3. Unless otherwise noted, the appraisal will value the property as though free of contamination. Central California
Appraisals will conduct no hazardous materials or contamination inspection of any kind. It is recommended that
the client hire an expert if the presence of hazardous materials or contamination poses any concern.
4. The stamps and/or consideration placed on deeds used to indicate sales are in correct relationship to the actual
dollar amount of the transaction.
5. Unless otherwise noted, it is assumed there are no encroachments, zoning violations or restrictions existing in
the subject property.
6. The appraiser is not required to give testimony or attendance in court by reason of this appraisal, unless previous
arrangements have been made.
7. Unless expressly specified in the engagement letter, the fee for this appraisal does not include the attendance
or giving of testimony by Appraiser at any court, regulatory or other proceedings, or any conferences or other
work in preparation for such proceeding. If any partner or employee of Central California Appraisals is asked or
required to appear and/or testify at any deposition, trial, or other proceeding about the preparation, conclusions
or any other aspect of this assignment, client shall compensate Appraiser for the time spent by the partner or
employee in appearing and/or testifying and in preparing to testify according to the Appraiser’s then current
hourly rate plus reimbursement of expenses.
8. The values for land and/or improvements, as contained in this report, are constituent parts of the total value
reported and neither is (or are) to be used in making a summation appraisal of a combination of values created
by another appraiser. Either is invalidated if so used.
9. The dates of value to which the opinions expressed in this report apply are set forth in this report. We assume
no responsibility for economic or physical factors occurring at some point at a later date, which may affect the
opinions stated herein. The forecasts, projections, or operating estimates contained herein are based on current
market conditions and anticipated short-term supply and demand factors and are subject to change with future
conditions. Appraiser is not responsible for determining whether the date of value requested by Client is
appropriate for Client’s intended use.
10. The sketches, maps, plats and exhibits in this report are included to assist the reader in visualizing the property.
The appraiser has made no survey of the property and assumed no responsibility in connection with such
matters.
11. The information, estimates and opinions, which were obtained from sources outside of this office, are considered
reliable. However, no liability for them can be assumed by the appraiser.
12. Possession of this report, or a copy thereof, does not carry with it the right of publication. Neither all, nor any
part of the content of the report, or copy thereof (including conclusions as to property value, the identity of the
appraisers, professional designations, reference to any professional appraisal organization or the firm with which
the appraisers are connected), shall be disseminated to the public through advertising, public relations, news,
sales, or other media without prior written consent and approval.
13. No claim is intended to be expressed for matters of expertise that would require specialized investigation or
knowledge beyond that ordinarily employed by real estate appraisers. We claim no expertise in areas such as,
but not limited to, legal, survey, structural, environmental, pest control, mechanical, etc.
Page 492 of 615
ASSUMPTIONS & LIMITING CONDITIONS (CONTINUED)
CENTRAL CALIFORNIA APPRAISALS 33-S25 20
14. This appraisal was prepared for the sole and exclusive use of the client for the function outlined herein. Any party
who is not the client or intended user identified in the appraisal or engagement letter is not entitled to rely upon
the contents of the appraisal without express written consent of Central California Appraisals and Client. The
Client shall not include partners, affiliates, or relatives of the party addressed herein. The appraiser assumes no
obligation, liability or accountability to any third party.
15. Distribution of this report is at the sole discretion of the client, but third-parties not listed as an intended user
on the face of the appraisal or the engagement letter may not rely upon the contents of the appraisal. In no
event shall client give a third-party a partial copy of the appraisal report. We will make no distribution of the
report without the specific direction of the client.
16. This appraisal shall be used only for the function outlined herein, unless expressly authorized by Central California
Appraisals.
17. This appraisal shall be considered in its entirety. No part thereof shall be used separately or out of context.
18. Unless otherwise noted in the body of this report, this appraisal assumes that the subject property does not fall
within the areas where mandatory flood insurance is effective. Unless otherwise noted, we have not completed
nor have we contracted to have completed an investigation to identify and/or quantify the presence of non-tidal
wetland conditions on the subject property. Because the appraiser is not a surveyor, he or she makes no
guarantees, express or implied, regarding this determination.
19. The flood maps are not site specific. We are not qualified to confirm the location of the subject property in
relation to flood hazard areas based on the FEMA Flood Insurance Rate Maps or other surveying techniques. It
is recommended that the client obtain a confirmation of the subject property’s flood zone classification from a
licensed surveyor.
20. If the appraisal is for mortgage loan purposes 1) we assume satisfactory completion of improvements if
construction is not complete, 2) no consideration has been given for rent loss during rent-up unless noted in the
body of this report, and 3) occupancy at levels consistent with our “Income and Expense Projection” are
anticipated.
21. It is assumed that there are no hidden or unapparent conditions of the property, subsoil, or structures which
would render it more or less valuable. No responsibility is assumed for such conditions or for engineering which
may be required to discover them.
22. Our inspection included an observation of the land and improvements thereon only. It was not possible to
observe conditions beneath the soil or hidden structural components within the improvements. We inspected
the buildings involved, and reported damage (if any) by termites, dry rot, wet rot, or other infestations as a matter
of information, and no guarantee of the amount or degree of damage (if any) is implied. Condition of heating,
cooling, ventilation, electrical and plumbing equipment is considered to be commensurate with the condition of
the balance of the improvements unless otherwise stated. Should the client have concerns in these areas, it is
the client’s responsibility to order the appropriate inspections. The appraiser does not have the skill or expertise
to make such inspections and assumes no responsibility for these items.
23. This appraisal does not guarantee compliance with building code and life safety code requirements of the local
jurisdiction. It is assumed that all required licenses, consents, certificates of occupancy or other legislative or
administrative authority from any local, state or national governmental or private entity or organization have
been or can be obtained or renewed for any use on which the value conclusion contained in this report is based
unless specifically stated to the contrary.
24. When possible, we have relied upon building measurements provided by the client, owner, or associated agents
of these parties. In the absence of a detailed rent roll, reliable public records, or “as-built” plans provided to us,
we have relied upon our own measurements of the subject improvements. We follow typical appraisal industry
methods; however, we recognize that some factors may limit our ability to obtain accurate measurements
including, but not limited to, property access on the day of inspection, basements, fenced/gated areas, grade
elevations, greenery/shrubbery, uneven surfaces, multiple story structures, obtuse or acute wall angles, immobile
obstructions, etc. Professional building area measurements of the quality, level of detail, or accuracy of
professional measurement services are beyond the scope of this appraisal assignment.
Page 493 of 615
ASSUMPTIONS & LIMITING CONDITIONS (CONTINUED)
CENTRAL CALIFORNIA APPRAISALS 33-S25 21
25. We have attempted to reconcile sources of data discovered or provided during the appraisal process, including
assessment department data. Ultimately, the measurements that are deemed by us to be the most accurate
and/or reliable are used within this report. While the measurements and any accompanying sketches are
considered to be reasonably accurate and reliable, we cannot guarantee their accuracy. Should the client desire
more precise measurement, they are urged to retain the measurement services of a qualified professional (space
planner, architect or building engineer) as an alternative source. If this alternative measurement source reflects
or reveals substantial differences with the measurements used within the report, upon request of the client, the
appraiser will submit a revised report for an additional fee.
26. In the absence of being provided with a detailed land survey, we have used assessment department data to
ascertain the physical dimensions and acreage of the property. Should a survey prove this information to be
inaccurate, upon request of the client, the appraiser will submit a revised report for an additional fee.
27. If only preliminary plans and specifications were available for use in the preparation of this appraisal, and a review
of the final plans and specifications reveals substantial differences upon request of the client the appraiser will
submit a revised report for an additional fee.
28. Unless otherwise stated in this report, the value conclusion is predicated on the assumption that the property is
free of contamination, environmental impairment or hazardous materials. Unless otherwise stated, the existence
of hazardous material was not observed by the appraiser and the appraiser has no knowledge of the existence
of such materials on or in the property. The appraiser, however, is not qualified to detect such substances. The
presence of substances such as asbestos, urea-formaldehyde foam insulation or other potentially hazardous
materials may affect the value of the property. No responsibility is assumed for any such conditions, or for any
expertise or engineering knowledge required for discovery. The client is urged to retain an expert in this field, if
desired.
29. The Americans with Disabilities Act (“ADA”) became effective January 26, 1992. We have not made a specific
compliance survey of the property to determine if it is in conformity with the various requirements of the ADA.
It is possible that a compliance survey of the property, together with an analysis of the requirements of the ADA,
could reveal that the property is not in compliance with one or more of the requirements of the Act. If so, this
could have a negative effect on the value of the property. Since we have no direct evidence relating to this issue,
we did not consider possible noncompliance with the requirements of ADA in developing an opinion of value.
30. This appraisal applies to the land and building improvements only. The value of trade fixtures, furnishings, and
other equipment, or subsurface rights (minerals, gas, and oil) were not considered in this appraisal unless
specifically stated to the contrary.
31. No changes in any federal, state or local laws, regulations or codes (including, without limitation, the Internal
Revenue Code) are anticipated, unless specifically stated to the contrary.
32. Any income and expense estimates contained in the appraisal report are used only for the purpose of estimating
value and do not constitute prediction of future operating results. Furthermore, it is inevitable that some
assumptions will not materialize and that unanticipated events may occur that will likely affect actual
performance.
33. Any estimate of insurable value, if included within the scope of work and presented herein, is based upon figures
developed consistent with industry practices. However, actual local and regional construction costs may vary
significantly from our estimate and individual insurance policies and underwriters have varied specifications,
exclusions, and non-insurable items. As such, we strongly recommend that the Client obtain estimates from
professionals experienced in establishing insurance coverage. This analysis should not be relied upon to
determine insurance coverage and we make no warranties regarding the accuracy of this estimate.
34. The data gathered in the course of this assignment (except data furnished by the Client) shall remain the property
of the Appraiser. The appraiser will not violate the confidential nature of the appraiser-client relationship by
improperly disclosing any confidential information furnished to the appraiser. Notwithstanding the foregoing,
the Appraiser is authorized by the client to disclose all or any portion of the appraisal and related appraisal data
to appropriate representatives of the Appraisal Institute if such disclosure is required to enable the appraiser to
comply with the Bylaws and Regulations of such Institute now or hereafter in effect.
Page 494 of 615
ASSUMPTIONS & LIMITING CONDITIONS (CONTINUED)
CENTRAL CALIFORNIA APPRAISALS 33-S25 22
35. You and Central California Appraisals both agree that any dispute over matters in excess of $5,000 will be
submitted for resolution by arbitration. This includes fee disputes and any claim of malpractice. The arbitrator
shall be mutually selected. If Central California Appraisals and the client cannot agree on the arbitrator, the
presiding head of the Local County Mediation & Arbitration panel shall select the arbitrator. Such arbitration
shall be binding and final. In agreeing to arbitration, we both acknowledge that, by agreeing to binding
arbitration, each of us is giving up the right to have the dispute decided in a court of law before a judge or jury.
In the event that the client, or any other party, makes a claim against Central California Appraisals or any of its
employees in connections with or in any way relating to this assignment, the maximum damages recoverable by
such claimant shall be the amount actually received by Central California Appraisals for this assignment, and
under no circumstances shall any claim for consequential damages be made.
36. Acceptance and/or use of this appraisal report constitutes acceptance of the foregoing general assumptions and
limiting conditions.
Page 495 of 615
CERTIFICATION
CENTRAL CALIFORNIA APPRAISALS 33-S25 23
I certify that, to the best of my knowledge and belief:
The statements of fact contained in this report are true and correct.
The reported analyses, opinions, and conclusions of the signer are limited only by the reported
assumptions and limiting conditions, and are my personal, impartial, and unbiased professional analyses,
opinions, and conclusions.
The signer of this report has no present or prospective interest in the property that is the subject of this
report, and no personal interest with respect to the parties involved.
Rachel Unger has performed services, specifically as an appraiser, regarding the property that is the
subject of this report within the three-year period immediately preceding acceptance of this assignment.
The signer is not biased with respect to the property that is the subject of this report or to the parties
involved with this assignment.
The engagement in this assignment was not contingent upon developing or reporting predetermined
results.
The 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 reported analysis, opinions, and conclusions were developed, and this report has been prepared, in
conformity with the requirements of the Code of Professional Ethics and Standards of Professional
Appraisal Practice of the Appraisal Institute, and the Uniform Standards of Professional Appraisal Practice,
as set forth by the Appraisal Standards Board of the Appraisal Foundation.
Rachel Unger did not inspect the property that is the subject of this report.
Cameron Born provided significant real property appraisal assistance to the appraisers signing the
certification.
Rachel Unger
Certified General Real Estate Appraiser
California License No. AG044296
Expiration Date 6/6/2026
Page 496 of 615
CERTIFICATION (CONTINUED)
CENTRAL CALIFORNIA APPRAISALS 33-S25 24
I certify that, to the best of my knowledge and belief:
The statements of fact contained in this report are true and correct.
The reported analyses, opinions, and conclusions of the signer are limited only by the reported
assumptions and limiting conditions, and are my personal, impartial, and unbiased professional analyses,
opinions, and conclusions.
The signer of this report has no present or prospective interest in the property that is the subject of this
report, and no personal interest with respect to the parties involved.
Michael Burger MAI, R/W-AC has performed services, specifically as an appraiser, regarding the property
that is the subject of this report within the three-year period immediately preceding acceptance of this
assignment.
The signer is not biased with respect to the property that is the subject of this report or to the parties
involved with this assignment.
The engagement in this assignment was not contingent upon developing or reporting predetermined
results.
The 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 reported analysis, opinions, and conclusions were developed, and this report has been prepared, in
conformity with the requirements of the Code of Professional Ethics and Standards of Professional
Appraisal Practice of the Appraisal Institute, and the Uniform Standards of Professional Appraisal Practice,
as set forth by the Appraisal Standards Board of the Appraisal Foundation.
Michael Burger MAI, R/W-AC inspected the property that is the subject of this report for a prior appraisal
but not for the current assignment.
Cameron Born provided significant real property appraisal assistance to the appraisers signing the
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, Michael Burger MAI, R/W-AC has completed the continuing education
program for Designated Members of the Appraisal Institute.
Michael Burger MAI, R/W-AC
Certified General Real Estate Appraiser
California License No. AG003817
Expiration Date 5/17/2026
Page 497 of 615
ADDENDA
CENTRAL CALIFORNIA APPRAISALS 33-S25 25
ADDENDA
ENGAGEMENT LETTER
Page 498 of 615
Corporate and San Luis Obispo County Office 3183 Duncan Road, Suite E, San Luis Obispo, CA 93401 (805) 773-1459
Ventura County Office 260 Maple Court, Suite 277, Ventura, CA 93003 (805) 658-8844
Central Valley Office 264 Fallbrook, Suite 106, Fresno, CA 93711 (559) 412-8710
HJA / Appraiser Notice to Proceed-2025
AUTHORIZATION TO PROCEED WITH ☒APPRAISAL OR ☐APPRAISAL REVIEW
TO: Luke Schwartz, Client Mike Burger, Appraiser, MAI
lschwart@slocity.org mburger@appraisecc.com
DATE:
April 11, 2025
FROM: Stephen Myrick smyrick@hamner-jewell.com
Hamner, Jewell & Associates
CLIENT: City of San Luis Obispo
PROJECT: California and Taft Roundabout Project
NUMBER OF PARCELS [1] County of San Luis Obispo
• APN 001-043-027 (Patel)
RIGHTS TO BE ACQUIRED:
☒ Fee
☒ TCE Term: 18 months (1.5 years)
PROPOSAL AMOUNT AND
DELIVERY SCHEDULE:
(Total Fee)
By 4 weeks if engaged prior to 4/14/25 and 8 weeks if
engaged after 4/14/25
Per Appraiser’s proposal dated April 9, 2025:
Fee ☐ IS ☒ IS NOT within Contract Budget (extra service)
INFORMATION ATTACHED:
☒ Title Report(s) ☒ Project Plans/Maps
☒ Legal Descriptions, Plats and Area Calculations
☒ Sample Deed(s) ☒ Copies of NODAs
☒Prior Appraisal
FEDERAL MONEY?
CALTRANS OVERSIGHT? ☐ Yes ☐ No
☒ Yes ☐ No
COMMENTS:
Date of value (DOV) to be within two (2) weeks from date
of submittal of appraisal report(s) to HJA.
IF QUESTIONS, CALL: Stephen Myrick at (805) 773-1459
By accepting this assignment, Appraiser agrees to all provisions of Exhibit A attached hereto and incorporated herein.
Client hereby requests and authorizes appraiser to proceed with this assignment and agrees to pay the fee for services as noted
herein, 50% within 30 days of this Notice to Proceed and the balance promptly following delivery of Appraisal Report. If as noted
above, this request constitutes an extra service, Client hereby acknowledges, authorizes, and agrees to provide the noticed fee
payment for such additional services, and if necessary, to provide an associated contract amendment to add these costs. Please
review RW Maps and Legal Descriptions to confirm they represent what is to be appraised. For Easement Rights, review and
approve Easement Deed(s) and identify TCE durations. Changes after this authorization date may prompt additional change fees.
Client Signature: __________________________________________ Date: _______________
Appraiser’s Acceptance: ____________________________________ Date:__________________
HAMNER, JEWELL & ASSOCIATES
Government Real Estate Services
Right of Way Acquisition ~ Relocation Assistance ~ Real Property Consulting
Offices in Ventura, San Luis Obispo and Fresno Counties
Writer’s Telephone Number: (805) 773-1459
Writer’s email address: smyrick@hamner-jewell.com
4/11/2025
4/11/2025
Page 499 of 615
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ADDENDA (CONTINUED)
CENTRAL CALIFORNIA APPRAISALS 33-S25 26
SUBJECT PHOTOGRAPHS
Looking north along California Blvd.
Looking south along California Blvd.
View of northeast corner of site and acquisition area
Looking east along Taft St. and north property line
View of impacted landscaped area and parking
View of impacted landscaped area and parking
Page 501 of 615
ADDENDA (CONTINUED)
CENTRAL CALIFORNIA APPRAISALS 33-S25 27
Front view of subject retail center
View of westerly driveway
Pedestrian sidewalk access
Page 502 of 615
ADDENDA (CONTINUED)
CENTRAL CALIFORNIA APPRAISALS 33-S25 28
ACQUISITION MAP
Page 503 of 615
YIELD YIELDYIELD YIELDYIELD YIELDYIELDYIELD YIELDYIELDCALIFORNIA BOULEVARD & TAFT STREETROUNDABOUTCITY SPECIFICATION NO.
11/17/17
DATE:PROJECT TITLE:SHEET TITLE:of
SHEET NO.
50
DESIGNED BY:
DRAWN BY:
CHECKED BY:
JWW
APPROVED BY:
JWW
SCALE:
PLAN FILE NO. / LOCATION
O:\PRJ\2251\2251EX004.dwg 10/27/2017 3:59:13 PM91503
2251EX004.dwg
1
1"=10'RIGHT OF WAY IMPACTS APN 001-043-0272251EX004.DWG
SMH
SMH
1Page 504 of 615
ADDENDA (CONTINUED)
CENTRAL CALIFORNIA APPRAISALS 33-S25 29
ASSESSOR MAP
Page 505 of 615
ADDENDA (CONTINUED)
CENTRAL CALIFORNIA APPRAISALS 33-S25 30
ZONE MAP
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ADDENDA (CONTINUED)
CENTRAL CALIFORNIA APPRAISALS 33-S25 31
FLOOD MAP
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ADDENDA (CONTINUED)
CENTRAL CALIFORNIA APPRAISALS 33-S25 32
AERIAL PHOTOGRAPH
Page 508 of 615
ADDENDA (CONTINUED)
CENTRAL CALIFORNIA APPRAISALS 33-S25 33
REGIONAL MAP
Page 509 of 615
ADDENDA (CONTINUED)
CENTRAL CALIFORNIA APPRAISALS 33-S25 34
LOCAL MAP
Page 510 of 615
ADDENDA (CONTINUED)
CENTRAL CALIFORNIA APPRAISALS 33-S25 35
EASEMENT GRANT DEED
Page 511 of 615
_____________________________________________________________________________________________
APN: 001-043-027 City of SLO/CA & Taft Roundabout/Patel/Grant Deed 2024-09-18
Page 1
Recording requested by:
Hamner, Jewell & Associates
Government Real Estate Services
When recorded, return to:
City of San Luis Obispo
Department of Public Works
919 Palm Street
San Luis Obispo, CA 93401
______________________________________________________________________________ Exempt from the $75 Building and Jobs Act Fee per Gov’t Code §27388.1(2)(D) Public Agency No Fee pursuant to Gov. Code sec. 6103
No Documentary Transfer Tax per R&T Code sec. 11922
No Recording Fee per Gov. Code sec. 27383
APN: 001-043-027
GRANT DEED
(To the City of San Luis Obispo)
For a valuable consideration, receipt of which is hereby acknowledged,
Kirit Chunibhai Patel and Gita Kirit Patel, Trustees of the Kirit Chunibhai Patel and Gita
Kirit Patel 1992 Revocable Living Trust (hereinafter collectively called “Grantor”),
hereby grants to the
CITY OF SAN LUIS OBISPO (“City”),
the following described interests in real property located in the City of San Luis Obispo, County
of San Luis Obispo, State of California:
In Fee:
All that certain property described and depicted in Exhibits “A” and “B”, attached hereto and
incorporated herein;
Together with:
Temporary Construction Easement – 6-month duration:
A temporary easement for construction (“Temporary Construction Easement”) to facilitate the
construction of adjacent public street improvements, including the right to pile earth thereon,
store materials, supplies and equipment thereon, and utilize said Temporary Construction
Easement for all other related activities and purposes specifically in conjunction with the
Page 512 of 615
_____________________________________________________________________________________________
APN: 001-043-027 City of SLO/CA & Taft Roundabout/Patel/Grant Deed 2024-09-18
Page 2
construction of the adjacent public street improvements. This Temporary Construction Easement
shall be in, on, over, under, along, and across that certain property described and depicted in
Exhibits “C” and “D” attached hereto and incorporated herein by this reference. Said Temporary
Construction Easement shall commence fifteen (15) days after issuance by City of a Notice of
Commencement of Construction to Grantor, which shall be issued to Grantor by U.S. Mail, and
shall automatically terminate upon completion of City’s construction or six (6) months after the
commencement of construction, whichever occurs first.
Together with:
Temporary Non-Exclusive Access Easement – 2-month duration:
A temporary non-exclusive access easement for ingress and egress (Temporary Non-Exclusive
Access Easement”) and for completing driveway conforms in conjunction with the construction
of adjacent public street improvements. This Temporary Non-Exclusive Easement shall be in,
on, over, along, through, and across that certain property described and depicted in Exhibits “E”
and “F” attached hereto and incorporated herein. This Temporary Non-Exclusive Easement may
be used intermittently for a period not to exceed 2 months within the 6-month Temporary
Construction Easement period described in this document.
Easement Extension Provisions:
City shall have the right to extend the Temporary Easement terms in three (3) additional one (1)
month increments if City determines that additional time beyond the initial period is necessary
for construction completion. In such case, City shall have the unilateral right to extend the
Temporary Construction Easements through construction completion and agrees to compensate
Grantor ONE THOUSAND NINE HUNDRED EIGHTY-ONE DOLLARS ($1,981) for each 1-
month extension term exercised. Payment for any such extensions shall be paid by City to
Grantor concurrent with City’s written notice to Grantor of City’s intent to exercise such
extension provisions. City shall further evaluate at the time of any extensions whether any
increase in value of the temporary rights has occurred since the date this deed was executed by
Grantor and if so, shall provide any additional payment based upon the determined just
compensation at the time of extension.
Upon termination, the Temporary Construction Easements and Temporary Non-Exclusive
Access Easement areas will be generally restored by City to a comparable or better condition as
that which existed prior to City’s access and use.
The provisions hereof shall inure to the benefit of the City, its successors and assigns, and shall
bind the heirs, executors, administrators, assigns and successors in interest of the respective
parties hereto, and all covenants shall apply to and run with the above-described property.
(Signature Page to Follow)
Page 513 of 615
_____________________________________________________________________________________________
APN: 001-043-027 City of SLO/CA & Taft Roundabout/Patel/Grant Deed 2024-09-18
Page 3
GRANTOR:
Kirit Chunibhai Patel and Gita Kirit Patel, Trustees of the
Kirit Chunibhai Patel and Gita Kirit Patel 1992 Revocable Living Trust
By: ___________________________________
Kirit Chunibhai Patel
Trustee
By: ___________________________________
Gita Kirit Patel
Trustee
Page 514 of 615
_____________________________________________________________________________________________
APN: 001-043-027 City of SLO/CA & Taft Roundabout/Patel/Grant Deed 2024-09-18
Page 4
ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the
identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of ____________________
On ______________________ before me, _______________________________________, Notary
Public, personally appeared Kirit Chunibhai Patel, who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and
that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature __________________________ (Seal)
ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the
identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of ____________________
On ______________________ before me, _______________________________________, Notary
Public, personally appeared and Gita Kirit Patel, who proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me
that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature __________________________ (Seal)
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Page 526 of 615
APN: 001-043-027 City of SLO/CA & Taft Roundabout/Patel/Grant Deed
CERTIFICATE OF ACCEPTANCE
This is to certify that the City of San Luis Obispo, grantee herein, hereby accepts for public purposes
the real property, or interests therein, described in the within Grant Deed from Kirit Chunibhai Patel
and Gita Kirit Patel, Trustees of the Kirit Chunibhai Patel and Gita Kirit Patel 1992 Revocable
Living Trust, and consents to the recordation thereof.
In Witness Whereof, I have hereunto set my hand this ______ day of _______________, 20___.
CITY OF SAN LUIS OBISPO,
a municipal corporation and charter city
____________________________________
Erica A. Stewart, Mayor
ATTEST:
__________________________
Teresa Purrington, City Clerk
ACKNOWLEDGEMENT
STATE OF CALIFORNIA )
COUNTY OF SAN LUIS OBISPO )
On __________________________, before me, Megan Wilbanks, Notary Public, personally appeared
Erica A. Stewart, Mayor, CITY OF SAN LUIS OBISPO, who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged
to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
______________________________
Megan Wilbanks, Notary Public (Official Notary Seal)
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed
the document to which this certificate is attached and not the truthfulness, accuracy, or validity of that document.
Page 527 of 615
ADDENDA (CONTINUED)
CENTRAL CALIFORNIA APPRAISALS 33-S25 36
SALE DATA SHEETS
Page 528 of 615
Former Repair Facility
Comparable 1
Sale Information
Buyer Montorosa, LLC
Seller SLOQ Properties, LLC
Sale Date 6/11/2019
Transaction Status Recorded
Listing Price $2,495,000
Sale Price $2,200,000
Sale Price /SF $676.92 /SF GBA $676.92 /SF NRA
Adjusted Price $2,200,000
Adjusted Price /SF $676.92 /SF GBA $676.92 /SF NRA
Recording Number 19-22663
Rights Transferred Fee Simple
Conditions of Sale Typical
Property
Type Land
Gross Building Area (GBA) 3,250 SF
Net Rentable Area (NRA) 3,250 SF
Buildings 1 Floor(s)
Year Built 1946
Land Area 0.2800 Acres (12,196 SF)
Usable Land Area 0.2800 Acres (12,196 SF)
FAR 0.27
Zoning C-R
1185 Monterey St.
San Luis Obispo, CA 93401
County
San Luis Obispo
APN
002-436-007
Confirmation
Name Todd Murphy
Date 12/11/2020
Remarks
The property is located at the southern corner of Monterey St. and Toro St. in central San Luis Obispo. The 3,250 retail building is older and set to be
demolished. The property was reportedly purchased for development of a 44-unit hotel with additional space for commercial uses.
The 2019 transaction was under contract for about eight months then sold for $2,200,000 or $50,000 per unit.
Page 529 of 615
Residential Land, Commercial Land
Comparable 2
Sale Information
Buyer Scrap XIX LLC
Seller Covelop Holdings LLC
Sale Date 8/13/2020
Transaction Status Closed
Sale Price $1,850,000
Adjusted Price $1,850,000
Recording Number 2020-068350
Rights Transferred Fee Simple
Conditions of Sale Typical
Property
Type Land
Land Area 0.3444 Acres (15,000 SF)
Usable Land Area 0.3444 Acres (15,000 SF)
Zoning C-T
1121 Montalban St.
San Luis Obispo, CA 93405
County
San Luis Obispo
APN
001-114-034 and -035
Confirmation
Name Pat Arnold
Company Covelop
Phone Number 805-781-3133
Affiliation Seller
Date 7/26/2024
Remarks
This property fronts the south side of Montalban St., one parcel east of Santa Rosa St. in central San Luis Obispo.
This property previously sold in 2018 for $750,000. Reportedly, at the time of the 2020 sale, the site was fully entitled with plans for a 16-unit apartment
building. The selling broker, Chris Richardson, reports the site was essentially shovel ready and the buyer only needed to pull permits. Although no
specific allocation was made by either party for the entitlements, Mr. Richardson estimates a value of approximately $55,000/unit for entitlements, or a
total of $880,000, leaving $970,000 for the unentitled land value.
The seller reports that they purchased the raw land, obtained entitlements and then sold it. They decided not to develop it themselves because they were
building another complex across town and got a solid price on this property.
Page 530 of 615
Commercial Land
Comparable 3
Sale Information
Buyer The Housing Authority of City of San
Luis Obispo
Seller Paul Vanderheyden & Lucia M.
Cleveland
Sale Date 12/30/2020
Transaction Status Closed
Listing Price $975,000
Sale Price $850,000
Adjusted Price $850,000
Site Allocation $850,000 $92.59 /SF
Recording Number 2020-78518
Rights Transferred Fee Simple
Conditions of Sale See comments
Property
Type Land, Multi-Family
Land Area 0.2107 Acres (9,180 SF)
Usable Land Area 0.2107 Acres (9,180 SF)
Zoning C-R
1480 Monterey St.
San Luis Obispo, CA 93405
County
San Luis Obispo
APN
001-137-013
Confirmation
Name Preston Thomas
Company Colliers
Phone Number 805-544-3900
Affiliation Listing agent
Date 12/18/2022
Remarks
This vacant lot is irregular configuration with a total size of 9,180 square feet, located on the northeastern corner of the California Blvd./Monterey St.
Intersection. The corner parcel has 100 feet of frontage along Monterey Street and 76 feet along California Boulevard. This property is located in an ideal
location for a commercial/retail property, being approximately 2 blocks (1,000 feet) from downtown San Luis Obispo, 3 blocks (1,000 feet) from San Luis
Obispo High School, and 0.70 miles from Cal Poly San Luis Obispo. This site was formerly a service station site that had been remediated prior to the sale.
It is zoned Retail Commercial (C-R).
Monterey St. is asphalt-paved with concrete curbs, gutters, sidewalks, and street-lights. The location has very good visibility. Highway access is within
easy reach. Monterey St. is a 60-foot-wide, two-way thoroughfare with two lanes of traffic. Unmetered street parking is available along the subject block.
California Blvd. is a main street with considerable traffic. It is 60 feet wide with portions that allow street parking, but not in the subject block.
This property is zoned Retail Commercial (C-R), which is the city's designation for areas that allow for a wide range of retail sales, business, personal and
professional services, as well as recreation, entertainment, transient lodging, and permanent residences. This is in line with the General Plan and the trend
in the neighborhood. Maximum density is 36 units per net acre, and maximum lot coverage is 100%.
This property does not feature structural improvements. Full utilities are available to the site.
This property was listed for sale in September 2019 for $975,000 before selling in December 2020 for $850,000.The buyer plans to use the property for
development to low-income housing. The buyer also bought the adjoining parcel to the west, 1422 Monterey St. at the beginning of 2021. The property
was originally in contract for $900,000, however, due to a potential issue with clearing up the title to the property, the sale price was discounted by
$50,000.
Page 531 of 615
Commercial Land
Comparable 4
Sale Information
Buyer Brittany Tricamo Separate Property
Trust
Seller Cash to conventional
Sale Date 5/24/2021
Transaction Status Closed
Sale Price $900,000
Adjusted Price $900,000
Recording Number 2021-47420
Rights Transferred Fee Simple
Conditions of Sale Typical
Property
Type Land
Land Area 0.3329 Acres (14,500 SF)
Usable Land Area 0.3329 Acres (14,500 SF)
Zoning C-N
666 Upham St.
San Luis Obispo, CA 93401
County
San Luis Obispo
APN
003-641-010
Confirmation
Name Hal Sweasey
Company Re/MAX Del Oro
Phone Number 805-781-8101
Affiliation Listing broker
Date 7/29/2024
Remarks
The property is located one parcel east of the northwestern corner of Upham St. and High St., in southern San Luis Obispo. The site was previously
developed to an industrial building which was demolished.
This property was listed for sale in October 2020 at $1,349,000 and was later reduced to $989,000 in May 2021. At the time of sale the seller had
renderings drawn for a mixed use project. The plans were under permit review by the City.
The broker reports that there were no entitlements at the time of sale, just plans and elevations. Since this 2021 sale, the property has sold again in June
2024 for $1,551,000. There was no listing information found for this sale and the listing agent for the 2021 sale did not have any details on the most
current sale.
Page 532 of 615
Commercial Land
Comparable 5
Sale Information
Buyer SLO Management, LLC
Seller GOM Properties LLC
Sale Date 8/25/2022
Transaction Status Closed
Listing Price $3,250,000
Sale Price $2,525,000
Adjusted Price $725,000
Recording Number 2022-34628
Rights Transferred Fee Simple
Conditions of Sale Typical
Property
Type Land
Land Area 0.5100 Acres (22,216 SF)
Usable Land Area 0.3619 Acres (15,766 SF)
Zoning C-D
564 Higuera St.
San Luis Obispo, CA 93401
County
San Luis Obispo
APN
002-402-048
Confirmation
Name Chris Richardson
Company Richardson Properties
Phone Number 805-441-4618
Affiliation Listing Agent
Date 2/10/2022
Remarks
This site fronts the north side of Higuera St. in San Luis Obispo, CA. A portion of the site is located in the San Luis Obispo Creek easement area.
Therefore an approximate 6,450+/- SF of the site is unusable resulting in a usable site area of 15,766+/- SF.
The property was listed at $3,250,000. The sale was expected to close in late July or early August at $2.6-2.7 million. There was a price concession for
parking in-lieu fees owed to the city. The property sold on August 29, 2022 for $2,525,000. The site was entitled for a 36-unit apartment building. The
sale price equates to $70,139 per unit or $160 per usable SF.
The listing agent could not provide an estimate of the value of the entitlements. However, market participants indicate entitlements can add between
$40,000 and $70,000/unit depending on location. Therefore, value of the entitlements is estimated at $50,000/unit, or $1,800,000, leaving $725,000 to
the underlying land value, or $32.63/SF.
Page 533 of 615
Commercial Land
Comparable 6
Sale Information
Buyer Gregory F. & Dorothy S. Collins,
Christopher Collins
Seller Loh Revocable Trust
Sale Date 5/12/2023
Transaction Status Closed
Sale Price $475,000
Adjusted Price $475,000
Recording Number 2023-13727
Rights Transferred Fee Simple
Conditions of Sale Typical
Property
Type Land
Land Area 0.2124 Acres (9,250 SF)
Usable Land Area 0.1722 Acres (7,500 SF)
Zoning C-R
Zoning Jurisdiction City of San Luis Obispo
424 Higuera St.
San Luis Obispo, CA 93401
County
San Luis Obispo
APN
002-511-022
Confirmation
Name Erik Berg-Johansen (MLS, public record)
Company Richardson Sotheby's
Phone Number 805-538-1828
Affiliation listing agent
Date 8/29/2024
Remarks
This property fronts the west side of S. Higuera St. in San Luis Obispo, CA. San Luis Obispo Creek is adjacent to the west of the property and the site is
level with the street. A bridge crossing the creek is parallel to the site at the south property line.
This property was listed for sale in February 2023 at $499,000. The MLS listing states nothing about entitlements or approvals at the time of listing. The
rear 15' of the parcel is located within San Luis Obispo Creek and there is a 20' setback for development. The site contains 9,250 SF gross. The broker
reports the sale was based on a usable site area of 7,500 SF. The buyer reportedly purchased the site for development to a mixed use
residential/commercial building.
Page 534 of 615
Commercial Land
Comparable 7
Sale Information
Buyer Demott Family Revocable Trust
Seller Brittany Tricamo Separate Property
Trust
Sale Date 6/7/2024
Transaction Status Closed
Sale Price $1,551,000
Adjusted Price $1,551,000
Recording Number 2024-15728
Rights Transferred Fee Simple
Conditions of Sale Typical
Property
Type Land
Land Area 0.3329 Acres (14,500 SF)
Usable Land Area 0.3329 Acres (14,500 SF)
Zoning C-N
666 Upham St.
San Luis Obispo, CA 93401
County
San Luis Obispo
APN
003-641-010
Confirmation
Name Hal Sweasey
Company Re/MAX Del Oro
Phone Number 805-781-8101
Affiliation Listing broker
Date 7/29/2024
Remarks
The property is located one parcel east of the northwestern corner of Upham St. and High St., in southern San Luis Obispo. The site was previously
developed to an industrial building which was demolished.
This property sold in June 2024 for $1,551,000. It previously sold about three years prior in July 2021 for $900,000. It was listed on the open market for
the 2021. However, the 2024 sale appears to be off market as no marketing material was located. The listing agent for the 2021 sale doesn't know
anything about it the 2024 sale. However, the property had plans for a mixed-use project which were in the permitting process with the City in 2021. It
is unknown whether approvals/permits were obtained.
Page 535 of 615
Commercial Land
Comparable 8
Sale Information
Seller JCC Monterey Morro LLC
Transaction Status Pending
Sale Price $1,295,000
Adjusted Price $1,295,000
Rights Transferred Fee Simple
Conditions of Sale Typical
Property
Type Land
Land Area 0.1200 Acres (5,227 SF)
Usable Land Area 0.1200 Acres (5,227 SF)
Zoning C-D
Zoning Jurisdiction City of San Luis Obispo
973 Higuera St.
San Luis Obispo, CA 93401
County
San Luis Obispo
APN
002-432-012
Confirmation
Name Preston Thomas
Company Colliers
Phone Number 805-544-3900
Affiliation Broker
Date 4/24/2025
Remarks
The property includes a parking lot parcel. The buyer intends to develop the site to a mixed-use retail and residential building. The broker reports there
were multiple offers and the property is selling at the full asking price.
Page 536 of 615
ADDENDA (CONTINUED)
CENTRAL CALIFORNIA APPRAISALS 33-S25 37
QUALIFICATIONS
Page 537 of 615
MICHAEL C. BURGER, MAI, R/W-AC
Central California Appraisals | Michael Burger &
Associates
mburger@appraisecc.com
CONTACT INFORMATION
4915 Calloway Drive, Suite 101
Bakersfield, CA 93312
Main: 661.587.1010 x101
Fax: 661.834-0748
STATE CERTIFICATIONS
California
Certified General Real Estate Appraiser
License AG003817
EDUCATION
Bachelor of Science
Agricultural Business Management
California Polytechnic State University
Michael C. Burger, MAI, R/W-AC
Senior Managing Director
Central California Appraisals
EXPERIENCE
Senior Managing Director
Central California Appraisals (2023 - Present)
Senior Managing Director
Valbridge Property Advisors | Central California (2013 - 2023)
President and Chief Appraiser
Michael Burger and Associates (1997 - 2013)
Probate Referee
State of California (2011 - Present)
Area Development Officer and Zone Owner
Zone Data Systems | Zaio Inc. (2007- Present)
Residential and Commercial Appraiser
Bruce Beaudoin Real Estate Appraisers (1987 - 1997)
VP Finance
Alpha Gamma Rho – San Luis Obispo Chapter (1985 - 1986)
Home Builder
John K Richardson – General Contractor (1985 - 1986)
PROFESSIONAL CREDENTIALS
MAI – Appraisal Institute
Certified General Appraiser – State of California
FHA Approved – U.S. Department of Housing and Urban Development
R/W-AC – International Right of Way Association
Probate Referee of Kern County, Mono County, Inyo County
Department of Veterans Affairs Fee Appraiser ID#5003448
CIVIC, VOLUNTEER AND PROFESSIONAL AFFILIATIONS
Director (2013-Present) Friend of Mercy Foundation
President (1998) Bakersfield Chapter Appraisal Institute
Director (2003) Bakersfield East Rotary Club
President and Treasurer (Past) Executive Association of Kern County
Class of 2000 Greater Bakersfield Chamber of Commerce Leadership
Club
Director (Past) Alpha Gamma Rho Alumni Association
Director and Secretary (Past) Bakersfield Active 20-30 Club
Advisory Team City of Bakersfield Planning Department – Urban Decay
Guest Lecturer: Bakersfield College, Cal Poly State University,
Bakersfield Board of Realtors, Executive Associate of Kern County,
Kern Kiwanis, Kern County Tax Payers Association, KERN Talk
Radio, Watson Realty Corporation.
Pro Bono Appraisal and Consulting services have been provided to the
Bakersfield Police Activities League, Bakersfield Museum of Art,
American National Red Cross, Habitat for Humanity, Salvation Army,
and Kern Veteran’s Memorial Foundation.
www.appraisecc.com
Empowering Decisions, Delivering Excellence
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Michael C. Burger, MAI, R/W-AC
Senior Managing Director
Central California Appraisals
APPRAISAL SPECIALTIES
Subdivision Development, Mixed-use, Retail Centers, Professional/Medical Office, Hotel/Motel, Restaurant, Apart-
ments, Industrial, Special Use & Going Concern, Hangars, High-rise and Low-rise Condominiums, Gas Stations, Golf Course, Auto Dealerships, Specialty Medical Facilities, Bowling Centers, Self-Storage, Single Family Resi-
dential, Right-of-Way/ Condemnation, Investment Analysis, Market Studies, Feasibility & High and Best Use
Analysis, Business Valuations, Partial Interest Valuations.
REAL ESTATE COURSES
Rural Appraisal – Cal Poly University Real Estate Appraisal – Bakersfield College Real Estate Finance – Cal Poly University Advanced Real Estate Appraisal – Bakersfield College
Principle of Real Estate – Cal Poly University Partial Interest Valuation
APPRAISAL INSTITUTE COURSES (19- TO 40-HOUR COURSES)
Real Estate Principles Standards of Professional Practice A & B
Basic Valuation Procedures The Appraisers Complete Review
Capitalization Theory & Technical A & B Condemnation Appraising
Case Studies in Real Estate Valuation Separating Real & Personal Property from Intangible
Report Writing & Valuation Analysis Business Assets
INTERNATIONAL RIGHT OF WAY COURSES (19- TO 40-HOUR COURSES)
The Appraisal of Partial Acquisitions (#401) Business Relocation (#502)
Eminent Domain Law (#803)
REAL ESTATE APPRAISAL SEMINARS
Understanding Limited Appraisals – General The FHA and the Appraisal Process
Appraising Complex Residential Properties FHA Appraising for Valuation Professionals
Non-Residential Demonstration Appraisal Reports Appraisal of Nonconforming Uses
O.R.E.A. Federal & State Laws & Regulations Appraisal of Nursing Facilities
Loss Prevention Program for Real Estate Technology and the Appraisal Process
Real Estate Appraiser Expert Witness National USPAP Update
Trends in the Hospitality Industry Appraising Manufactured Housing
Valuation Considerations - Partial Acquisition Litigation Seminar
Valuation of Detrimental Conditions Business Practices and Ethics
A Review of 1 – 4 Residential Form Vineyard Valuation & Ag Symposium
Internet Sources for the California Appraiser
Uniform Appraisal Dataset (UAD)
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California & Taft Roundabout Project:
Resolution of Necessity Hearing
September 16, 2025
Hearing Purpose
1.Conduct a hearing on the proposed adoption of a Resolution
of Necessity
2.Receive evidence referenced in the staff report and staff
presentation, and take testimony from anyone wishing to
speak on the matter
3.If the Council finds sufficient evidence presented, adopt a
Resolution of Necessity authorizing the initiation of eminent
domain proceedings (requires 4/5ths vote)
Project Background
Cal Poly
Gr
a
n
d
A
v
e
RAILROAD
TRAIL
PROJECT
SITE
Project Background
Existing Conditions:
Intersection operations at deficient Level of Service (LOS)
High Crash Rate
Past 10 Years: 34 crashes / 18 injury / 2 severe injury)
Roundabout recommended per several adopted plans & policies:
GP Circulation Element
Cal Poly Housing South EIR
Traffic Safety Report / Draft Vision Zero Action Plan
Active Transportation Plan
City’s “Roundabout First” Policy
Project Background
Project History
2016 – Initiated roundabout planning, environmental and design work,
preliminary contact to adjacent property owners
2018 – Initiated formal right-of-way negotiations
2020 – Paused right-of-way negotiations due to lack of progress and
shift in City resources/priorities due to COVID
2023 – Reopened right-of-way negotiations
2025 – Hearing on Resolution of Necessity due to lack of progress with
good faith right-of-way negotiations
Roundabout Right-of-Way Needs
552 California (7-11 Site)
**Property Acquisition Complete**
578 California Blvd
(Ziggy’s, Boba Stop, etc.)
Property Acquisition
Unsuccessful
Subject Property
•578 California Blvd
•(APN 001-043-027)
•0.51 acres
•Existing Use: Multi-tenant retail
building
•26 off-street parking stalls
•Owners: Kirit Chunibhai Patel
and Gita Kirit Patel 1992
Revocable Living Trust
Taft St
578 California Blvd.
APN 001-043-027
Subject Property
Subject Property Interests
Off-Site Right-of-Way Needed to Construct Roundabout):
•2,182 sqft. permanent R/W (red area)
•763 sqft. temp. construction easement for 18 mo. (yellow area)
•1,614 sqft. temp. non-exclusive access easement for 18 mo. (purple area)
Subject Property Interests
PROPOSED PUBLIC
STREET RIGHT-OF-WAY
EXISTING PUBLIC
STREET RIGHT-OF-WAY
Note: Right-of-way limits shown above are approximate
Impacts to Subject Property
Permanent Effects:
•Reduced landscape area & removal of 4 trees (3 Palms, 1 Oak)
•Project to add 20+ new trees in vicinity
•Relocation of existing monument sign
•Elimination of at least 5 of 8 existing on-street public parking spaces on Taft
Street
•No reduction in # private off-street parking stalls
•Driveway access retained for vehicles
•Intersection access and safety improved for vehicles, peds and bikes
Offer presented to Subject Property Owners per Government Code 7267.2
(Latest offer in May 2025)
Pursuant to California Code of Civil Procedure (CCP) 1245.235, City sent
a letter & legal notice via first-class certified mail to the Record Owners of
the Subject Property on 8/27/25 of planned Hearing on 9/16/25
City’s Actions to Initiate Potential Eminent Domain
Proceedings
Findings Required for Adoption of a Resolution of
Necessity for Property Acquisition by Eminent Domain
Per CCP Section 1240.030, 4 key findings must be made:
A.The public interest and necessity require the Project; and
B.The Project is planned and located in the manner that will be most compatible with
the greatest public good and the least private injury; and
C.The Subject Property Interests described in the Resolution of Necessity are
necessary for the Project; and
D.The City has made the offer required by Government Code section 7267.2 to the
owner or owners of record of the Subject Property Interests the City seeks to
acquire.
A.The public interest and necessity require the Project
Project Need – Mitigate deficient traffic operations, improve traffic flow,
reduce congestion, address collision trends, improve ped & ped crossing
safety
Roundabout Project is consistent with several adopted plans: General Plan,
Active Transportation Plan, Traffic Safety/Vision Zero Action Plan, Cal Poly
Housing South EIR)
B.The Project is planned and located in the manner that will be
most compatible with the greatest public good and the least
private injury
Intersection Design Alternatives Considered to Minimize Right-of-Way
Impacts:
All-way Stop Control
Same footprint as existing intersection, very low cost
Fails operationally (LOS E) w/ long queues for northbound/southbound
Traffic Signal
Smaller footprint & lower upfront cost
Similar operations/LOS to roundabout (LOS C or better)
Less safety benefits and inconsistent with City Plans & Policies
B.The Project is planned and located in the manner that will be
most compatible with the greatest public good and the least
private injury
Per USDOT/FHWA Cumulative Cost per Each Fatal Traffic Collision = >$12M
C.The Subject Property Interests described in the Resolution
of Necessity are necessary for the Project; and
City evaluated roundabout design alternatives to try and avoid/minimize
encroachment into Subject Property
Shift Roundabout to West – Infeasible due to UPRR Railroad & RRST Path
Reduce Size of Roundabout – Infeasible to reduce size while still
accommodating design vehicles and reducing vehicle speeds per engineering
standards
Conclusion – Roundabout cannot be designed to avoid R/W impacts at
Subject Property
D. The City has made the offer required by Government
Code section 7267.2 to the owner or owners of record
of the Subject Property Interests the City seeks to
acquire.
City has made multiple formal offers to Subject Property Owners
pursuant to Government Code Section 7267.2 in 2018, 2020,
2023, 2024 and most recently in May of 2025.
Alternatives
If Council cannot make findings required to approve
Resolution of Necessity, the following alternatives
may be explored:
1.Direct staff to continue good faith negotiations
with Subject Property Owners.
2.Direct staff to pursue alternative intersection
designs, such as a traffic signal.
Next Steps?
Questions?