HomeMy WebLinkAboutR07-Economic Development Agency
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Redevelopment Agency . City of San Bernardino
300 North "D" SIree~ Fourth Floor . Sill Bernardino, California 92418
(714) 384-S081 FAX (714) 888-9413
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NOVEMBER 17, 1989
EMINENT DOMAIN PROCEEDINGS - HADE PARCEL
Synopsis of Previous Commission/Council/Committee Action:
09-07-89 The Committee recommended that a jOint public hearing be set by the
Commission and Common Council.
09-18-89 The Commission and Common Council set a Joint Public Hearing for
October 2, 1989.
09-21-89 The Committee forwarded a proposed Disposition and Development
Agreement (DDA) to the Commission and Common Council.
10-02-89 Resolutions 89-396 and 5207 approved the DDA.
(COMMUNITY DEVELOPMENT COMMISSION)
Recommended Motion:
A. That the Community Development Commission set a public hearing for
11:00 a.m. on January 8, 1990 to consider a Resolution of Necessity
to acquire, by eminent domain, certain real property located in the
Southeast Industrial Park Project Area.
(continued on page 2)
Respectfully Submitted,
g Executive Director
Contact Person: Nancy Davison
Supporting data attached: Yes
Phone: 384-5081
Hard: 1
FUNDING REQUIREMENTS: $280,000
Project: SEIP
Commission Notes:
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Agenda of: December 4, 1989
Item No.
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Redevelopment Agency
(COMMUNITY DEVELOPMENT COMMISSION)
(contInued from page 1)
B. That the CommunIty Development CommIssIon approve the attached offer
of Just CompensatIon be forwarded to the owners of certaIn real
property located In the Southeast IndustrIal Park Project Area.
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Redevelopment Agency
S T A F F R E P 0 R T
It Is recommended that the Community Development Commission set a public
hearing for 11:00 a.m. on January 8, 1990 to consider the adoption of a
Resolution of Necessity for the acquisition by eminent domaIn of real property
shown on the attached map In the Southeast Industrial Park Project Area. It
Is also recommended that the Community Development Commission approve the
attached Offer of Just Compensation be forwarded to the owners of the property.
BACKGROUND
In conjunction with the expansion of Rockwell's current facility, a DDA has
been approved by the Commission which, among other things, provides that the
Agency acquire a 6.31 acre site which will be leased to Rockwell and developed
as a parking site for the expanded faCility.
Staff has taken preliminary steps In preparation for eminent domain
proceedings. A firm was selected to perform an appraisal on the property, and
based on the report submitted to staff, the property was appraised at
$275,000. The next step, per government code Section 7267.2, Is to make a
formal offer to the owners of the property. Whether or not the formal offer
Is accepted, a Public Hearing must be held to consider adoptIon of a
Resolution of Necessity. The purpose of the resolution Is to set out the
proposed use of the property being acquired and to justify an eminent domain
action as necessary to the development within the redevelopment project area.
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Redevelopment Agency . City of San Bernardino
300 Nonh "D" Stne~ Fourth Floor . 5111 Bernardino, California 92418
(714) 384-S081 FAX (714) 888-9413
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CERTIFIED MAIL/RETURN RECEIPT REQUESTED
November 17, 1989
Mr. H. M. Peccorini
Suite 403, First American building
323 Hest Court Street
San Bernardino, California 92401
Re: Offer of Just Compensation/Acquisition of Property
Redevelopment Agency, City of San Bernardino
Dear Mr. Peccorini:
In accordance with the direction of the Community Development Commission of
the City of San Bernardino, we are in the process of acquiring fee interests
in certain parcels of real property within the Southeast Industrial Park
Project Area in order to construct a parking lot and related facilities.
It is necessary to acquire the fee interest in a parcel of real property owned
by your clients since it is located within the redevelopment prOject area.
The inclusion of this property within the redevelopment prOject has been
determined to be necessary for the effective redevelopment of the area.
In order to carry out this redevelopment project, we must acquire the property
owned by your clients which is described in Exhibit 1. Also attached is a
plat map depicting the location of the necessary property.
He are authorized to offer as just compensation the amount of $275,000.00 for
all claims of any kind for the fee interest to be acquired in your clients
property. This amount is based upon an approved appraisal and is not less
than the appraiser's opinion of fair market value of current date. which he
determined after a personal inspection of your clients property, and is made
to you in an effort to acquire the property without controversy. Enclosed for
your review is a summary appraisal.
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Redevelopment Agency
Mr. H. M. Peccorlnl
November 17, 1989
Page Two
He will pay all escrow costs Including the usual seller's costs so the
acquIsition will be without expense to your clients. Taxes will prorated to
the close of escrow.
If our offer Is acceptable to you, please sign the acceptance on the enclosed
copy of Exhibit 1 and return It to us. On receipt of your acceptance and
approval of the Community Development Commission, we will open escrow.
If this offer Is not acceptable to you, please find enclosed a Notice of
Hearing which Is to be held by the Redevelopment Agency of the City of San
Bernardino on January 8, 1990, at which time the Community Development
Commission will consider adopting a resolution of necessity to acquire certain
real property pursuant to the powers of eminent domaIn.
If you have any questions or desIre additional Information, please call Mrs.
Nancy Davison at (714) 384-5081.
Sincerely,
Robert J. Temple
ActIng ExecutIve Director
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Enclosures
1. Legal Description
2. Plat Map
3. Summary Appraisal
4. Notice of Hearing
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EXHIBIT 1
Fee title to the following described property:
PARCEL NO.5 OF PARCEL MAP NO. 4781, IN THE CITY OF SAN BERNARDINO, COUNTY OF
SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 48 OF PARCEL
MAPS, PAGE 87, INCLUSIVE, RECORDS OF SAID COUNTY.
Said description describes the fee Interest the Redevelopment Agency of the
City of San Bernardino will be acquiring In the property.
I accept the offer of the Redevelopment Agency of the City of San 8ernardino
dated , 1989, for the above-described property
according to Its terms and authorize the Agency to open an escrow for the sale.
Date:
By:
Date:
By:
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APPRAISAL OF:
SUMMARY OF APPRAISAL
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
PARCEL NO'S 281-031-52 AND 281-021-30
GOTTFRIED, GAMBLE & ASSOCIATES
PHILLIP GOTTFRIED, MAl
APPRAISED BY:
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I have 18 years experience as a real estate appraiser of which the last
thirteen years have been In Southern California. During this time I have
appraised similar properties located primarily In Los Angeles, Riverside and
San Bernardino Counties. I have had private fee assignments In the area
beginning In 1977. I have conducted an Investigation to determine the fair
market value of the land to be acquired. This Investigation Included
consideration of the accepted appraisal approached to value, Including where
pertinent, market investigations, land residual analysis, depreciation studies
and cost analyses, if appropriate.
I have considered the following appraisal approaches:
Market Approach
Cost of Replacement Approach
Income Approach
These techniques were employed in relationship to the judgment of highest and
best use. I have concluded that the market approach Is most appropriate to
the valuation of the subject. land.
To determine the fair market value of the subject property, I conducted a
market search and found that there were comparable sales of similar properties
which shed light onto the value of the subject. Using those comparable sales,
I have determined that, as of the date of valuation, September 18, 1989. the
fair market value of subject property Is:
FULL TAKE - PARCEL NO.'S 281-031-52 AND 281-021-30
TWO HUNDRED SEVENTY FIVE THOUSAND DOLLARS
($275,000.00>
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The opinions expressed were formed by me as of the date of valuation and
reflect my~~nlon as of that date based upon information available to me as
of that date. I reserve the right to change, alter or amend any or all of the
opinions expressed In this summary and In my appraisal report if additional
facts should be brought to my attention in the future or If the Court should
order either that certain matters which I have considered should not be
considered or that certain matters which I have not considered should be
considered, and, finally, If the date of valuation should change.
Attached hereto Is a copy of a resume of my qualifications, together with
limiting conditions and assumptions which are Incorporated Into my valuation
estimate.
XEROX TELECOP I ER 295; nA-n; ??:?? ??; CC I TT . ..
NOV-16-89 THU ~:~0 H M M1LLER
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I certify to the best or ., knowledge and belief that th~ Itate.entl and
opinions c~ntftinpd in IY appraisal report and in this 8uaaar, Ire correctj
that I have no present or conte.plated future interest in the property
apprai8pdi and DPither th~ amount of IY fee Dor ,y employ.ent is contingent
upon the amount of value reported
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4It ASSUMPTIONS AND LIMITING CONDITIONS
1. The date of value to which the conclusions and opinions
expressed in this report apply, is set forth in the letter
of transmittal. Further, the dollar amount of any value
opinion rendered in this report is based upon the purchasing
power of the American dollar existing on that date.
2. The Appraiser assumes no responsibility for economic or
physical factors which may affect the opinion in this report
which Occur after the date of the letter transmitting the
report.
3. The information furnished by others is believed to be
reliable. However, no warranty is given for its accuracy.
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4. The Appraiser reserves the right to make such adjustments to
the analyses, opinions and conclusions set forth in this
report as may be required by consideration of additional
data or more reliable data that may become available.
5.
No opinion as to title is rendered. Data related to
ownership and legal description was obtained from county
records and is considered reliable. Title is assumed to be
marketable and free and clear of all liens, encumbrances,
easements and restrictions except those specifically
discussed in the report. The property is appraised assuming
it to be under responsible ownership and competent
management, and available for its highest and best use.
6. The Appraiser assumes no responsibility for hidden. or
unapparent conditions of the property, subsoil, or
structures that render it more or less valuable. No
responsibility is assumed for arranging for engineering
studies that may be required to discover them.
7. The property is appraised assuming it to be in full
compliance with all applicable federal, state, and local
environmental regulations and laws, unless otherwise stated.
8. The property is appraised assuming that all applicable
zoning and use regulations and restrictions have been
complied with, unless otherwise stated.
9. The property is appraised assuming that all required
licenses, certificates of occupancy, consents, or other
legislative or administrative authority from any local,
state, or national government or private entity or
organization have been or can be obtained or renewed for any
use on which the value estimate contained in this report is
based, unless otherwise stated.
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ASSUMPTIONS AND LIMITING CONDITIONS
(Continued)
10. No engineering survey has been made by the Appraiser.
Except as specifically stated, data relative to size and
area was taken from sources considered reliable and no
encroachments of real property improvements is considered to
exist.
11. No opinion is expressed as to the value of surface oil, gas
or mineral rights or whether the property is subject to
surface entry for the exploration or removal of such
materials except as is expressly stated.
12. Maps, plats and exhibits included in this part are for
illustration only as an aid in visualizing matters discussed
within the report. They should not be considered as surveys
or relied upon for any other purpose, nor should they be
removed from, reproduced, or used apart from the report.
13. No opinion is intended to be expressed for matters which
require legal expertise or specialized investigation or
knowledge beyond that customary by aea1 Estate Appraisers.
14. The distribution, if any, of the total valuation in this
report between land and improvements applies only under the
stated program of utilization. The separate allocations for
land and buildings must not be used in conjunction with any
other appraisal and are invalid if so used.
15. That possession of this report, or a copy of it, does not
carry with it the right of publication. It may not be used
for any purpose by any person other than the party to whom
it is addressed without the written consent of the
Appraisers, and in any event only with proper written
qualifications and only in its entirety.
16. The signatory herein shall not be required to give testimony
or attend court or be at any governmental hearing with
reference to the said property unless prior arrangements
have been made with the client.
17. Unless specifically stated, this appraisal does not take
into consideration the possibility of the existence of
asbestos, PCB transformers, or other toxic, hazardous, or
contaminated substances and/or underground storage tanks
(hazardous material), or the cost of encapsulation or
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ASSUMPTIONS AND LIMITING CONDITIONS
(ContinUed)
removal thereof. Should client have concern Over the
existence of such substances on the Property, the Appraiser
considers it imperative for client to retain the services of
a qualified, independent engineer or contractor to determine
the existence and extent of any hazardous materials, as well
as the cost associated with any required or desirable
treatment or removal thereof.
18.
The area calculations used in this report were based Upon
the subdivision parcel map, the Assessor's parcel Map, and a
personal field survey. The accuracy of these measurements
cannot be guaranteed, and the Appraiser recommends a survey
by a licensed surveyor to ascertain accurate measurements.
The Appraiser reserves the right to modify this appraisal if
a Subsequent survey by a licensed surveyor indicates
different measurements.
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QUALIFICATIONS OF PHILLIP GOTTFRIED
Phillip Gottfried is currently a prin~ipal of the firm Gottfried,
Gamble and Associates, Inc., professional real estate appraisers
and consultants. Gottfried, Gamble and Associates, Inc. formed
in 1985, and is located at 2151 East "0" Street, Suite 115e,
ontario, California 91764. Mr. Gottfried entered the real estate
appraisal profession in 1971 with the firm of Joseph J. Blake and
Associates, Inc. , a New York based cOlllpany that is one of the
largest in the appraisal field.
Professional Affiliations
Member - American Institute of Real Estate Appraisers
(MAl Designation)
Member - National Exam Grading Subcommittee, American
Institute of Real Estate Appraisers
Member - Admissions COmmittee, Southern California
Chapter No.5, American Institute of Real
Estate Appraisers (1986 - 1988)
Member - American Society of Appraisers
Member - International Right-of-Way Association
Member - National Association of Review Appraisers and
Mortgage Underwriters
C.R.A. Designation
Affiliate
Member - West San Bernardino County
Board of Realtors
Education
Dowling College
Oakdale, New York
Bachelor of Business Administration Degree
Suffolk COunty COmmunity College
Associate in Arts Degree
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QUALIFICATIONS OF PHILLIP GOTTFRIED, MAl
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Appraisal Education
College:
Business Law I and II
Planning Theory
Money and Banking
Principles of Finance
American Institute of Real Estate Appraisers:
Course IA:
Basic Appraisal Principles, Methods and
Techniques
Course IB:
Capitalization on Theory and Techniques
Course VI:
Investment Analysis
Exam 2-2:
Report Writing and Valuation Analysis
Standards of Professional Practice
Exam S.P.P.:
Society of Real Estate Appraisers:
Course 201:
Principles of Income Property Appraising
Employment
1971 - 1985:
Joseph J, Blake and Associates, Inc.
Los Angeles, California
Position: Assistant Vice President
1985 - Present:
Gottfried, Gamble and Associates, Inc.
Ontario, California
Position: Principal
Mr. Gottfried has qualified as an expert witness for the Superior
Court of San Bernardino County, California, Supreme Court of New
York State, and Superior Court of the State of New Jersey. Mr.
Gottfried is a Qualified Fee Appraiser for the State of New York,
having successfully completed a competitive written examination
given by the New York State Department of Transportation. He is
also a qualified Real Estate Appraiser for the New Jersey Depart-
ment of Transportation.
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NOTICE OF HEARING
NOTICE IS HEREBY GIVEN that the Community Development Commission of the City
of San Bernardino will hold a hearing on January 3, 1990 at 11:00 a.m., or as
Soon thereafter as Possible at the San Bernardino City Hall, located at 300
North 0 Street, (Council Chambers>, San Bernardino, California.
The purpose of this hearing Is to consider the adoption of a resolution of
necessity to acquire, by the exercise of the power of eminent domain, fee
Interest In a certain parcel of real property for general community
redevelopment purposes and the elimination of blight, deterioration and
functional obsolescense In the Southeast Industrial Park Project Area and
specifically for the revitalization of a certain parcel of property within the
Southeast Industrial Park Project Area by the construction of a parking lot
and related facilities. A legal description of the property sought to be
acquired for this purpose Is attached hereto and Incorporated herein by this
reference on Exhibit A.
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You have the right to appear before the Board of Directors of the Agency
personally and to be heard on the matters which are referred to In Section
1240.030 of the Code of Civil Procedure:
1. The public Interest and necessity require the project;
2. The project Is planned or located In a manner that will be most
Compatible with the greatest public good and the least private
Injury; and
3. The property sought to be acquired Is necessary for the project.
IN ORDER FOR YOU TO EXERCISE YOUR RIGHT OF APPEARANCE AND YOUR RIGHT TO BE
HEARD, you MUST FILE A WRITTEN REQUEST TO APPEAR AND BE HEARD NITH THE
EXECUTIVE DIRECTOR OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
(300 N. 10010 STREET, SAN BERNARDINO, CA 92418>. WITHIN FIFTEEN CIS) DAYS AFTER
THIS NOTICE IS MAILED TO YOU. FAILURE TO PRESENT YOUR REQUEST TO APPEAR AND
BE HEARD WILL RESULT IN A NAIVER OF YOUR RIGHT TO APPEAR AND YOUR RIGHT TO BE
HEARD.
DATED:
. 1989
By
, Secretary
Community Development Commission
of the City of San Bernardino
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