HomeMy WebLinkAbout22-Development Services
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ORIGINAL
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Date: July 8, 2005
Subject: Resolution establishing fair market
value for the acquisition of real property located at
the northeast comer of 2nd Street and Viaduct
Boulevard, relative to the extension of Giovanola
Avenue.
From: James Funk, Director
Dept: Development Services
File No.15.05-231
MCC Date: 08-01-2005
Synopsis of Previous Council Action:
07-15-2002 - Allocation of $75,000 for the intersection of 2nd Street and 3rd Street (design and
acquisition only) approved in the five-year CIP (Capital Improvement Program) Budget.
11-20-2002 - Resolution No. 2002-360 was adopted establishing fair market value of $45,800.00
per appraisal by The Real Estate Mart.
01-27-2003 - Resolution No. 2003-27 was adopted establishing the necessity to acquire property in
the public interest.
03-07-2005 - Adopted Negative Declaration for the acquisition of right-of-way and construction of
street improvements.
Recommended Motion:
Adopt Resolution.
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Contact person: LASZLO "Les" FOGASSY
Supporting data attached: Staff Report, Maps, Reso.
Phone: 5026
Ward:
1
FUNDING REQUIREMENTS: Amount:
$207,000.00
Source: (Acct. No.) 135-378-5504-7319
(Acct. Description) AB 2928 Traffic Congestion
Relief Fund
Finance:
Council Notes:
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Agenda Item No.
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
SUBJECT:
Resolution establishinf fair market value for the acquisition of real property located at the
northeast comer of 2n Street and Viaduct Boulevard, relative to the extension of Giovanola
Avenue.
BACKGROUND:
The extension of Giovanola Avenue from 2nd Street to 3rd Street is necessary to improve the
circulation in this area and to facilitate future development related to the Santa Fe Depot
rehabilitation project and surrounding area. In order to provide for this street extension, the City
needs to acquire a portion of the parcel located between 2nd Street and 3rd Street. The site
includes several retail buildings. However, the portion proposed to be acquired is located at the
west end of the parcel and no private improvements will be affected by this acquisition. The
portion to be acquired for street purposes is a vacant, dirt lot. There is $15,000.00 (Fifteen
Thousand Dollars) in CIP SS04-34 identified for this project. Realigning 3rd Street with
Giovanola Avenue will create a four-way intersection, which will enhance traffic safety and
make additional land available for public parking. Currently, there is $52,400.00 (Fifty Two
Thousand Four Hundred Dollars) remaining in this fund.
In January 2002, an initial appraisal was prepared by The Real Estate Mart and indicated a fair
market value of $45,800.00 (Forty Five Thousand Eight Hundred Dollars).
The current property owner at that time, Robert Kovats, was notified of the City's proposal to
acquire this site. On-going negotiations were conducted with Mr. Kovats during which time the
City and Mr. Kovats were unsuccessful in reaching a sales and purchase agreement. The City
was in the process of starting eminent domain proceedings when, on October 1, 2004, the
property was sold by Mr. Kovats to Alex Meruelo.
Mr. Meruelo, was notified of the City's proposal to acquire this property and in March 2005, a
current appraisal was prepared by Len Perdue & Associates and indicated a fair market value of
$207,000.00 (Two Hundred Seven Thousand Dollars). Staffhas reviewed the appraisal and
concurs with the determination of value by the appraiser. The substantial increase in value is
consistent with current market conditions for this area. At the time the original appraisal was
done, very few comparables were available and the original appraisal might have reflected less
than market value. Additionally, the new owner purchased this property at above market rates,
which also substantially increased the value of the portion being acquired.
The City entered into negotiations to purchase this property from the new owner and has been
unsuccessful in reaching a sales and purchase agreement and it appears that the City will be
required to initiate eminent domain proceedings. Establishing the fair market value for this
acquisition is necessary prior to beginning the eminent domain process and a resolution has been
attached for your action. An additional $192,000.00 (One Hundred Ninety Two Thousand
~>~Tr'..
.
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report -- Continued
Dollars) will need to be allocated for this project to complete the acquisition, plus costs relative
to the eminent domain process.
FINANCIAL IMPACT:
Two Hundred 8even Thousand Dollars ($207,000.00) to be paid from the AB 2928 Traffic
Congestion Relief Fund (135-378-5504-7319). Fifteen Thousand Dollars ($15,000.00) is
currently available and an additional $150,000 (One Hundred Fifty Thousand) is budgeted in CIP
8804-34 in Fiscal Year 2005-06. An additional $42,000.00 (Forty Two Thousand Dollars) will
need to be allocated to this account. It is proposed that funds from 8804-37,135-378-5504-7307
be allocated subject to approval of the 2005/06 CIP budget.
RECOMMENDATION:
Adopt Resolution.
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TPOB S 890 55' 20. W
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Property
to be Acquired
(22,433 sq. ft. gross)
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PROPERTY / WAY ACQUISITION - EXTENSION Drawing No.
OF GIAVANOLA AVENUE, NORTH OF 2ND 10552
STREET (A portion of APN 0138-263-02
together with a portion of the northerly
24'of 2nd Street)
CITY OF SAN BERNARDINO
PUBLIC WORKS DIVISION
Sheet 2 REAL PROPERTY SECTION
of 2
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RESOLUTION NO. t (Q) IPY
1
2
RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING
3 FAIR MARKET VALUE OF CERTAIN REAL PROPERTY LOCATED AT THE
NORTHEAST CORNER OF 2ND STREET AND VIADUCT BOULEVARD, BEING A
4 PORTION OF REAL PROPERTY COMMONLY KNOWN AS ASSESSOR'S PARCEL
5 NUMBER 0138-263-02, RELATIVE TO THE EXTENSION OF GIOV ANOLA AVENUE.
6
7
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WHEREAS, the City of San Bernardino desires to acquire a portion of that certain parcel
of real property located at the northeast comer of 2nd Street and Viaduct Boulevard in said City,
being a portion of real property commonly known as Assessor's Parcel Number 0138-263-02,
and more fully described in Exhibit "A" attached hereto and made a part hereof, relative to the
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extension of Giovanola A venue; and
WHEREAS, Alex Meruelo is the record owner of said real property to be acquired; and
WHEREAS, an appraisal has been prepared by Len Perdue, & Associates, a California
general certified appraiser; and
WHEREAS, City has reviewed the appraiser's determination of the fair market value of
the land and his report thereon; and
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. That said parcel of real property owned by Alex Meruelo, more fully
described in said Exhibit "A", is hereby determined to have a fair market value of $207.000.00
(Two Hundred Seven Thousand Dollars) as determined by said appraiser.
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07/07/2005
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RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING FAIR MARKET VALUE
OF CERTAIN REAL PROPERTY LOCATED AT THE NORTHEAST CORNER OF i"D STREET AND
VIADUCT BOULEV ARD, BEING A PORTION OF REAL PROPERTY COMMONLY KNOWN AS
ASSESSOR'S PARCEL NUMBER 0138-263-02, RELATIVE TO THE EXTENSION OF GIOV ANOLA
A VENUE.
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a
meeting thereof
day of
, 20_, by the following vote, to
held on the
wit:
ABSTAIN ABSENT
NA YES
Council Members: AYES
ESTRADA
LONGVILLE
MCGINNIS
DERRY
KELLEY
JOHNSON
MCCAMMACK
City Clerk
day of
The foregoing resolution IS hereby approved this
20 .
JUDITH VALLES, Mayor
City of San Bernardino
Approved as to form
and legal content:
JAMES F. PENMAN
City Attorney
2
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Exhibit "A"
That portion of Lot II, Block IS of the Rancho San Bernardino, as per plat recorded in Book 7
of maps, page 2, records of San Bernardino County, State of California, described as follows:
Commencing at the intersection of the East line of Lot 13 of said Block IS, with a line that is
parallel with and distant 21.5 feet northerly of the South line of said Lot 13, said line also being
the south line of that certain 24 foot wide easement for street and highway purposes to the City
of San Bernardino in a document recorded in Book 2328, Page 12, Official Records of said
County;
thence South 890 55' 20" West along the south line of said 24 wide street and highway easement,
to the intersection of the northerly prolongation of the centerline of Giovanola Avenue (formerly
Osbun Avenue), 60 feet wide, as said street is delineated on the Map oflnsurance Loan & Land
Companies Subdivision, as per plat recorded in Book 16 of Maps, page 37, records of said
County, said point also being the True Point of Beginning;
thence, continuing South 890 55' 20" West, along said south line, to a point that is 985.94 feet
west of the Point of Commencement to a tangent curve, concave northeasterly, having a radius of
14.23 feet; .
thence northwesterly and northeasterly along said curve, an arc distance of 31.89 feet; thence
North 380 19' 50" East, a distance of231.42 feet to a tangent curve, concave southeasterly,
having a radius of270.09 feet;
thence northeasterly, along said curve, an arc distance of25.77 feet, more or less, to its
intersection with a line this is 36 feet east of and parallel with the northerly prolongation of said
centerline of Giovanola Avenue;
thence southerly, along said parallel line, a distance of 150.45 feet;
thence South 450 27' 02" East, a distance of 70.18 feet to a point being on the north line of said
24 foot wide street and highway easement;
thence south, parallel with said northerly prolongation of the centerline of Giovanola Street, a
distance of 24 feet, to the south line of said 24 foot wide street and highway easement; thence
west, along said south line, a distance of 86.02 feet, more or less, to the True Point of
Beginning.
Contains 22, 43~,s~uare feet, more or less.
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** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
M<eting Dale (Dole T>' ~, l- 0 5' llem .2J,
Vote: Ayes Nays
Change to motion to amend original documents D
RESOLUTION AGENDA ITEM TRACKING FORM
R,,,,lution' j OO~_ ;;,~ ?;>
Abstain
Absent
Companion Resolutions
NulINoid After: days 1
Resolution # On Attachments: D
PUBLISH D
POST D
Note on Resolution of attachment stored separately: D
RECORD W/COUNTY D By:
Date Sent to Mayor:
Reso. Log Updated:
Seal Impressed:
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Date Memo/Letter Sent for Signature:
151 Reminder Letter Sent:
Date Returned:
2nd Reminder Letter Sent:
Not Returned: 0
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Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITY Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634):
Updated CDC Personnel Folders (5557):
Updated Traffic Folders (3985, 8234, 655, 92-389):
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No ~ By_
No~- By_
No /By_
Yes
Yes
Yes
Yes
Yes
Copies Distributed to:
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I Animal Control VEDA D Information Services D
City Administrator D Facilities ~ Parks & Recreation D
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City Attorney " Finance Police Department D
Code Compliance ~ F~~t D Public Services D
Development Services ) Human Resources D Water Department D
Others:
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Notes:
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Ready to File: J
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Date: 8/} 0,.. OJ
Revised 12/18/03