Estate of F. Wallace Langer, Deceased, Clarence D. Langer, Jr., Executor - Page 20

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                    a.  Comparable 1-10                                               
               Comparable 1-10 was located on Pacific Highway, while Phase            
          5 was located on T-S Road.  Because Pacific Highway had a                   
          significantly higher traffic count than T-S Road, comparable 1-10           
          had superior location and exposure to Phase 5.  While Mr. Pio did           
          not address comparable 1-10’s configuration, we agree with Mr.              
          Kelley that comparable 1-10 had superior configuration for                  
          commercial development due to Phase 5’s awkward configuration.              
          These three factors indicate that comparable 1-10 is a high                 
          indicator of value.                                                         
               The impact of accessibility is less clear.  However, even              
          assuming arguendo that Phase 5 had superior accessibility, this             
          factor would not outweigh the three factors above.  In addition,            
          both Phase 5 and comparable 1-10 were zoned retail-commercial,              
          making zoning a neutral factor.  Thus, comparable 1-10, at $7.20            
          per square foot, is a high indicator of value.                              
                    b.  Comparable 2-11                                               
               Only a portion of comparable 2-11 was suitable for                     
          commercial development, the remainder being zoned for exclusive             
          farm use.  Both experts agree that the sale price of comparable             
          2-11 must be adjusted to determine the value of the area suitable           
          for commercial development only.  However, they do not agree to             
          the extent of the adjustment.  Additionally, their reports                  
          conflict regarding the acreage of the land usable for commercial            






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Last modified: May 25, 2011