Town of Apple Valley offer per Government Code Section 7267.2 to purchase Apple Valley Ranchos Water Company’s water system (June 26, 2015)

Pursuant to Government Code section 7267.2(a)(2), the Town of Apple Valley (Town) wishes to make an offer to acquire Apple Valley Ranchos Water Company’s Water System (Water System). This system is the subject of California Public Utilities Commission filings by Apple Valley Ranchos Water Company and is described in more detail in the enclosures. The purpose of the proposed acquisition is for the public ownership, operation, and maintenance of the Water System to provide water service to the Town and its inhabitants.

The Town has determined the amount of just compensation for the Water System, using a date of value of June 1, 2015, to be $50,300,000.

The Town’s offer is not less than what has been determined by the Town’s valuation expert to be the fair market value of the Water System. The basis for that determination is explained in detail in the enclosed Appraisal Summary Statement. It is the Town’s hope that this price is agreeable to you. This offer is, however, conditioned upon the Town’s ratification of the offer by execution of a contract of acquisition and the adoption of a resolution of necessity authorizing eminent domain proceedings. In addition, because the Water System is the subject of a pending acquisition agreement, this offer is conditioned upon obtaining the approvals and consents of all necessary parties to that agreement.

We are obligated to provide you with certain additional information. Pursuant to Government Code section 7267.2(a)(2) enclosed is an informational pamphlet explaining the eminent domain process.

Please be advised that pursuant to Code of Civil Procedure section 1263.025, the owner is entitled to reimbursement from the Town for the reasonable costs, not to exceed $5,000.00, of obtaining an independent appraisal, should an appraiser be retained.

The Description of the Apple Valley Ranchos Water System accompanying this offer is included on a compact disk. A hard copy can be made available upon request.

We look forward to hearing from you. If this offer is not accepted in 30 days of the date of this letter, the Town will consider it rejected.

Very truly yours,

Frank Robinson, Town Manager

Enclosures

Files related to Hayward Consulting Group’s so-called appraisal/valuation