HomeMy WebLinkAbout24-Public Works
CITY OF SAN BERN~INO -
REQUEST F~, COUNCIL ACTION
.....,.#'
:rom: HOGER G. HARDGRAVE, Director
Public Works/Engineering
Subject:
DecliH'ation of Intent to Sell City Prop-
erty, Estahlishm.mt of Sales Price, and
Setting of Publ ic Hearing - Sale of City
property at J 350 Sllllt h "E" Stre"t to San
l1"rnaroino Valley Municipal Wat"r Dist.
)ept:
late:
I~ovember 23, 1994
;ynopsis of Previous Council action:
05-23-66
Resolution adopted authorizing 50 year lease at $1.00 per year with
San Bernardino Valley Municipal Water District for 1350 South "E"
Street.
09-06-94
Staff directed to proceed to research all legal processes to
initiate the purchase of City-owned property at 1350 South "E"
street to San Bernardino Valley Municipal Water District and to
report findings to Council.
10-03-94
Mayor directed to obtain an appraisal jointly with San Bernardino
Valley Municipal Water District.
11-21-94
Continued to December 5, J994.
lecommended motion:
Adopt Reso I uti on
cc: Shauna Clark, City Administrator
James F. Penman, City Attorn"y
Bernard Kersey, General Manager
~~~
ontact person:
I\nne DeBolt
Phone:
5328
~pporting data attached: Staff Report, Map, ResoluUon.
Ward:
3
UNDING REQUIREMENTS:
Amount:
N/A
Source: (Acct, No,)
(Acct, DescriPtion)
Finance:
)uncil Notes:
.0262
Agenda Item No, J..lj
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CiTY 'OF SAN BERNQDINO - REQUEST FW COUNCIL ACTION
STAFF REPORT
The San Bernardino Valley Municipal Water District approached the City indicating
their willingness to purchase the property they currently lease from the City,
located at 1350 South "E" Street. The lease does not terminate until the year
2016. Authorization was granted at the Council Meeting of 10-03-94 to prepare an
appraisal. Mr. Duke Hill was selected to prepare a Restricted Appraisal for the
property. The completed appraisal found a market value for this property to be
$190,000. This value considers the remaining years left on the lease (at $1.00
per year rent), the cost of replacing the building and all other current factors
which in:fluence the sales price of a property.
The San Bernardino Valley Municipal Water District also received a copy of the
appraisal. After their Board of Directors met and considered the appraisal
report., Mr. Patrick Milligan informed City staff that the Board agreed to buy the
subject property for the appraised value of $190,000.
The City will retain that portion of the property occupied
tion. If the City ever abandons its use of the property,
Valley Municipal Water District would have first right of
this property.
by a sewer lift sta-
the San Bernardino
refusal to purchase
Conversely, in the event that SBVMWD decided to divlJst themselves of th.. proplJrty
located i3t 1350 South "E" Street within the next 25 years, the City would blJ able
to purchase the property back at the current sales price ($190,000.00). In the
event the District elects to sell the property a.ft:~r: this 25 year period the City
would have the first right of refusal to purchase the property.
As the lease of this property at $1.00 per year continues for another 22 years
and does not benefit the City monetarily, staff recommends acceptance of the
sales price offered of $190,000.
Any Sail! of City property with a value in excess of $2,000 is normally required
to be advertised for bids. However, the City Attorney's office has determined
that the sale of City property to another public agency at the fair market value
is allowed by State law. However, Government Code S 37420 et. seg. requires a
finding be made that the public interest and convenience require the sale and the
adoption of a resolution of intent to sell. The attached resolution sets the
public hearing at 10:00 a.m., Monday, December 19, 1994.
11/23/<14
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING AND SETTING
A FAIR HARKET VALUE AND SALES PRICE OF $190,000.00 AND DECLARING THE INTEN-
TION OF THE CITY TO SELL THAT CERTAIN PROPERTY LOCATED AT 13~0 SOUTH "E"
STREET IN THE CITY OF SAN BERNARDINO, TO THE SAN BERNARDINO VALLEY MUNICIPAL
WATER DISTRICT AND SETTING A PUBLIC HEARING TO CONSIDER SAID SALE.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AS FOLLOWS:
SECTION 1. The public interest and convenience require the sale
of the public building and property located at 1350 South "E" Street in the
City of San Bernardino in that the property is currently under a long term
lease to the San Bernardino Valley Municipal Water District which provides
minimal income to the City, and the sale at Fair Market Value would be of
significant benefit to the City.
SECTION 2. It is therefore the intention of the Mayor and COMMon
Council to sell said property to the San Bernardino Valley Municipal Water
District.
SECTION 3.
The Mayor and Common Council do hereby find and
determine that the Fair Market Value of the property and sales price is
(me Hundred Ninety Thousand Dollars, ($190,000.00.)
SECTION 4. The Mayor and Coamon Council of the City of San
20 Bernardino do hereby set and establish the day and time for the public
21 hearing to be Monday, December 19, 1994, at 10:00 a.a. or as soon thereafter
22 as the matter can be heard, in the Council Chambers in City Hall, 300 North
23 "D" street, San Bernardino.
24 SECTION 5. Notice of the public hearing shall be published in
25 Th~_S.!In at least once prior to the public hearing and shall be posted in at
26 least 3 conspicuous places on the property for at least ten (10) days prior
27 to the public hearing.
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1/94
=v~.........:-:...., .., ............',>.H..............'.U r\IU... o...l......I!...lI~\) r\ 1.......1-.1\ 1'.I/'\.l\.t\1:.1 ~t\.L1.Jr. M.i;V .)t\Lt.'} .t'i<lL..h
OF $190.000.00, AND DECLARING THE INTENTION OF THE CJ.TY TO SELL THAT CERTAIN
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PROPERTY LOCATED ^<.....350 SOUTH "E" STREET IN THE Cl)OF SAN BERNARDINO, TO
THE SAN BERNARDI I.... , VALLEY I'lUNICIPAL WATER DISTRIC\r'~ND SETTING A PUBLIC
HE~~ING TO CONSIDER SAID SALE
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SECTION 6.
Written and oral protests to such sale shall be
3 received at or prior to the public hearing.
4 SECTION 7. It is the intent of the Hayor and Council to consider
5 and approve said sale of 1350 South "E" Street at the public hearing, said
property more particularly described as follows:
That portion of Lot 23, Block 54, Rancho San Bernardino,
as per plat thereof recorded in Book 7 of Haps. Page 2,
in the office of the County Recorder of said County,
described as follows:
Beginning at the intersection of the North line of said
Lot 23 with the West line of "E" Street, 82.50 feet
wide, as conveyed by deed from the City of Riverside to
the County of San Bernardino, as recorded Hay 23, 1924
in Book 845 of Deeds. Page 268, records of said County;
thence Westerly along the North line of said Lot 23, a
distance of 308.09 feet to the East line of the property
conveyed by deed from the City of Riverside to the State
of California. as recorded September 29, 1955, in Book
3820, Page 542. Official Records; thence Southerly along
the East line of said highway property to a point of
intersection with a line parallel with and 485 feet
distant from the North line of said Lot 23; thence
Easterly and parallel with the North line of said Lot
23, a distance of 311.16 feet to the West line of said
"E" Street; thence Northerly along the West line of said
"E" Street to the Point of Beginning.
EXCEPTING THEREFROH the Easterly 8.75 feet thereof.
A~
EXCEPTING THEREFROH that portion of Lot 23, Block 54,
Rancho San Bernardino as per plat thereof recorded in
Book 7 of Haps, Page 2, in the office of the County
Recorder of said County, described as follows:
Commencing at the intersection of the North line of said
Lot 23 with the West I ine of "E" street, 82.50 feet
wide, as conveyed by deed from the City of Riverside to
the County of San Bernardino as per deed recorded Hay
23, 1924, in Book 845 of Deeds, Page 268, records of
said County; thence Westerly along the North line of
said Lot 23 to the intersection of a line that is paral-
lel with and 50.00 feet West of, as measured at right
angles to the center line of said "E" Street; thence
South along said parallel line a distance of 125.00 feet
to the True Point of Beginning; thence West and parallel
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11/21/94
RESOLUTION ESTABLISHING AND SETTING A FAIR MARKET VALUE AND SAL~S YM1L~
OF $190,000.00, ,MI!> DECLARING THE INTENTION OF TH"'".CITY TO SELL THAT CERTAIN
iPROPERTY LOCATEl\....: 1350 SOUTH "E" STREET IN THF. ",."'Y OF SAN BERNARDINO, TO
THE SAN BERNARDINO VALLEY MlJNICIPAL WATER DISTRICT AND SETTING A PUBLIC
HEARING TO CONSIDER SAID SALE
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with the North line of said Lot 23 a distance of 116.25
feet; thence South and parallel with the center line of
said "E" Street, a distance of 125.00 feet; t.hence East
and parallel with the North line of said Lot 23, a
distance of 116.25 feet to the intersection of said
parallel line that is 50.00 feet West of, as measured at
right angles to said center line of "E" Street; thence
North along said parallel line, a distance of 125.00
feet to the True Point of Beginning.
AND
RESERVING UNTO the City of San Bernardino, all water
lines, sewer lines, water rights, or easements, whether
or not of public record.
Said legal description also shown on the proposed Grant Deed as
attached hereto and incorporated herein.
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iO:.io':>ULUIJ.Ur. ... L.,)lr\DL.L.")njj'tU' r\l'H..J ..)LJ jjl"IJ 1"\ rl"\.L1\ . 1l"U\.f\L I Wf"\.L.JVJ. f"\J'tl) .Jrd..L.l Jt\1\,f.
OF $190,000.00, AND DECLARING THE INTENTION OF THE CITY TO SELL THAT CERTAIN
PROPERTY LOCATEt"'y 1350 SOUTII "E" STREET IN THE . "\IT OF SAN BERNARDINO, TO
THE SAN BERNA~O VALLEY MUNICIPAL WATER DISTk~~T-AND SETTING A PUBLIC
HEARING TO CONSIDER SAID SALE
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2 I HEREBY CERTIFY that the foregoing resolution was duly adopted by
3 the Hayor and Common Council of the City of San Bernardino at a
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28 By:
meeting
held
of
on the
thereof
day
, 1994, by the following vote, to-wit:
AYES
NAYS
~TAIN:
COUNCIL MEMBERS:
ABSENT
----.
NEGRETE
CURLIN
HERNANDEZ
OBERHELMAN
DEVLIN
POPE-LUDLAM
HILLER
RACHEL CLARK, City Clerk
foregoing resolution is hereby approved this _______
day
The
of
, 1994.
TOH HINOR, Hayor
City of San Bernardino
Approved as to form
and legal content:
James F. PeJJlllan,
Ci ty Attorney
11/23/94 4
Orde!r No.
Escr,ow NO.
Loa" No.
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WHEN RECORDED MAIL TO.
SAN BERNARDINO VALLEY MUNICIPAL
WATER DISTRICT
Po. O. Box 5906
Slln Bernardino. CA 92412-5906
MAII_ TAX STATEMENTS TO
SPACE ABOVE THIS LINE FOR RECORDER S USE
DOCUMENTARY TRANSFER TAX 5
. Computed on the conSIderation or value of property conveyed; OR
Computed on the conSideratIon or value less hens or encumbrances
remaIning at time of sale.
S'9nalure 01 Declarant or Agent aelermln.ng lax .. Firm Name
GRANT DEED
FOR A VALUABLE CONSIDERATION. receipt of which is hereby acknowledged,
THE CITY OF SAN BERNARDINO. a municipal corporation
hereby GRANT(S) 10
the SAN BERNARDINO VALLEY MUNICIPAL WATER DISTRICT, a lIUIlicipal water
district
the real property In the City of San Bernardino
County of San Bernardino
That portion of
Book 7 of Maps,
follows:
Lot 23, Block 54. Rancho
Page 2, in the office of
. State of California. described as
San Bernardino, as per plat thereof recorded in
the County Recorder of said County, described as
**.OVER*-.
THE CITY OF SAN BERNARDINO
Dated
STATE OF CALIFORNIA
COUNlY OF
On
f
Iss
I
TOM MINOR, Mayor
before me,
RACHEL CLARK. City Clerk
persorlatly appeared
oersonally known to me lor prQvea to me on the baSIS of satisfactory
eVIdence I to Oe the DerS0l1lS1 whose namels}IS .are subScrIbed 10 the wlt"ln
InstrumE.nt and aCknowledged to me mat he she'lhey ell.eculed the same
In hlS!ner rhe!r ault1or~zed cacaC:lY(If'S). and that by hIS her.thelf Signa-
turelsl (In the Instrument the person(Sl or the enllt\' upon benalf of which
1ne personlS) acteo. e;ll.eculeO the ,r:Slrument
WITNESS my hand ana ot!:(lal seal
Slgnalure
(Tn,s area for off,c,,]1 nOld,..]1 s~cJll
MAIL TAX STATEMENTS AS DIRECTED ABOVE
1002 (1'94)
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(LE:GAL DESCRIPTION CONTINUED)
Beginning at the intersection of the North line of said Lot 23 with the West I ine of "E"
street, 82.50 feet wide, as conveyed by deed from the City of Riverside to the County of
SlID. Bernardino, as recorded May 23, 1924 in Book 845 of Deeds, Page 268, records of said
County; thence Westerly along the North line of said Lot 23, a distance of 308.09 feet to
the East line of the property conveyed by deed from the City of Riverside to the State of
California, as recorded September 29, 1955, in Book 3820, Page 542, Official Records;
thence Southerly along the East line of said highway property to a point of intersection
with a line parallel with and 485 feet distant from the North line of said Lot 23; thence
Easterly and parallel with the North line of said Lot 23, a distance of 311.16 feet to the
West line of said "E" Street; thence Northerly along the West line of said "E" Street to
the Point of Beginning.
EXCEPTING THEREFROM the Easterly 8.75 feet thereof.
AND
EXCEPTING THEREFROM that portion of Lot 23, Block 54, Rancho San Bernardino as per plat
thereof recorded in Book 7 of Maps, Page 2, in the office of the County Recorder of said
County, described as follows:
Co_encing at the intersection of the North line of said Lot 23 with the West line of "E"
Street, 82.50 feet wide, as conveyed by deed from the City of Riverside to the County of
San Bernardino as per deed recorded May 23, 1924, in Book 845 of Deeds, Page 268, records
of said County; thence Westerly along the North line of said Lot 23 to the intersection of.
a line that is parallel with and 50.00 feet West of, as measured at right angles to the
center line of said "E" street; thence South along said parallel line a distance of 125.00
feet to the True Point of Beginning; thence West and parallel with the North line of said
Lot 23 a distance of 116.25 feet; thence South and parallel with the center line of said
"E" Street, a distance of 125.00 feet; thence East and parallel with the North line of said
Lot 23, a distance of 116.25 feet to the intersection of said parallel line that is 50.00
feet West of, as measured at right angles to said center line of "E" Street; thence North
alon~ said parallel line, a distance of 125.00 feet to the True Point of Beginning.
AND
RESERVING UNTO the City of San Bernardino all water lines, sewer lines, water rights,
easements, or encumbrances, whether or not of public record.
./