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eiiizuxv 7 :ZZ : b7 PM Melissa Hammond PTWWW Page 2 Maria D. Huizar June 1, 2017 Page 2 on the notice received, the resolution of necessity hearing is scheduled to take place on June 6, 2017, at 5:45 p,m. This letter serves to notify the City of the property owner's intent to appear and object to the City's proposed adoption of a Resolution of Necessity to condemn the Subject Property for the Project. We also request that this letter be included as part of the formal record on that agenda item. Further, we request that we are provided with the administrative hearing process that is required by the City with regard to the consideration of the adoption of the Resolution of Necessity, We believe that the adoption of the resolution of necessity is improper at this time on each of the following grounds: 1,: The tvH mmFo I2xtefid A..� eafittit5attf'r_condemantion Offer Pursuant.to, as Fazlcd Government Code section 7267 Y3 California law requires that the City make a legitimate offer ()Oust compensation based upon its approved appraisal prior to initiating a condemnation proceeding, Compliance with Government Code section 7267.2 is a,wl trlall'i�i jrprerequisite to adopting a resolution of necessity and initiating an eminent domain action, (Code Civ. Proc., §§ 1240°040, 1245,230, subd. (e)(4); City of San Jose v, Great Oaks Water Co, (1987) t92 Cal,App°3d 1005.) Failure to strictly comply with the requirements of this section are grounds for dismissing the entire proceeding. Here, the appraiser, acting on the City's behalf, did not engage in a proper analysis.. Moreover, the City's offer is based on a stale appraisal considering stale sales data that is over one year old° The offer was based on a early to mid-2016 date of value, utilizing 2013 and earlier sales data. A cursory review ofirecent sales of comparable properties in the surrounding area indicate a unit rate in excess of the per square foot rate relied upon by the City in its precondemnation offer, As such, the City's precondemnation offer is invalid and cannot support the adoption of a resolution of necessity authorizing the acquisition of the sought for portions of the Subject Property. The City must appraise the Subject Property and the improvements thereon, in both the before (no project) condition and the after(project impacted) condition, and make an appropriate revised precondemantion offer based upon a current date of value before commencing this acquisition process. 20!i'1353.1 Illi