HomeMy WebLinkAbout13-Development Services
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Valerie C. Ross, Director
Subject: Authorization to Proceed - Sale of a
portion of City Water Department property located
northerly of Sepulveda A venue, north of 54th Street,
and Resolution declaring property surplus,
establishing fair market value and setting a public
hearing.
MCC Date: May 19, 2008
Dept: Development Services
Date: April 23, 2008
File No. 15.05-259
Synopsis of Previous Council Action:
None
Recommended Motion:
1. That the Director of Development Services be authorized to proceed with the sale of City
Water Department property located northerly of Sepulveda Avenue, north of 54th street, and
being a portion of APN 0154-011-80.
AND
2. Adopt Resolution.
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Valerie C. Ross
Contact person: LASZLO "Les" FOGASSY Phone: 5026
. Staff ReportlMaps/Memo/
Supporting data attached: Resolution Ward: 4
FUNDING REQUIREMENTS: Amount:
None
Source: (Acct. No.) N/A
(Acct. Description) N/A
Finance:
Council Notes:
Agenda Item No.
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
SUBJECT:
Authorization to Proceed - Sale of a portion of City Water Department property located
northerly of Sepulveda Avenue, and Resolution declaring property surplus, establishing fair
market value and setting a public hearing.
BACKGROUND:
On April 2, 2008, the City of San Bernardino Municipal Water Department Board of Water
Commissioners ("Board"), declared as surplus property a portion of a 10 acre parcel, generally
located northerly of Sepulveda Avenue, north of 54th Street, and being a portion of APN 0154-
011-80.
The City acquired the 10 acre site through a Land Patent from the United States Government in
April, 1974 for City Water Department use. The site is currently being used as a water reservoir
and is located in the foothills of the San Bernardino mountains. The reservoir is accessed by a
service road at the terminus of Sepulveda Avenue. Due to the hilly terrain, there is a large slope
along the southeasterly portion of the service road. The base of the slope is directly adjacent to
the residence located at 5533 N. Sepulveda Avenue. The property owners of the residence, Bryan
and Katherine Dominique, have requested an easement from the Water Department for the
purpose of landscaping and maintaining the lower portion of the slope that abuts their property.
Since this portion of the slope is of no use to the Water Department, it was recommended by the
Board to declare the property as surplus and to sell the surplus area to the adjoining property
owners, rather than just a grant of easement. The property owners are agreeable to the purchase.
The surplus property is 0.17 acres and consists of an approximately 33 foot wide strip of land
that is approximately 242 feet in length, and is shown more specifically on the attached plat map.
Due to the size and location of this strip, a determination of a nominal value of $500 was also
recommended by the Board. Section 2.65.020 of the San Bernardino City Municipal Code allows
the sale of property valued under $25,000 to be sold at fair market value, but without the need for
competitive bidding.
The Land Patent that conveyed the property to the City had reservations to the United States for
ditches and canals, but did not contain any restrictions on the sale of the land or any portion of
the land.
The attached resolution declares the property surplus, establishes the nominal value of $500 as
the fair market value, and sets a public hearing for June 16, 2008, relative to the proposed sale.
At the close of a hearing, a resolution approving the sale and approving a Sales and Purchase
Agreement will be submitted for your consideration. Notice of the hearing will be published and
posted as required by law.
FINANCIAL IMPACT:
All net sales proceeds will go to the San Bernardino City Municipal Water Department.. The
buyer will pay any recording costs aSsociated with the sale of this property.
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RECOMMENDATION:
Staff recommends that the authorization to proceed with the sale of the property be given and
that the attached resolution be adopted.
Attachments:
Vicinity map
Plat map
Board of Water Commissioners Staff Report and memo of Board action
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Location of City
Water Dept. Property
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Mill St.
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES DEPARTMENT
REAL PROPERTY SECTION
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VICINITY MAP
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PROPOSED SALE OF A PORTION OF CITY WATER
DEPARTMENT PROPERTY LOCATED AT THE
NORTHERLY TERMINUS OF SEPULVEDA A VENUE.
NORTH OF 54TH STREET (POR. 0154-011-80)
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UNITED STATES PATENT NO. 04-74-0061
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POR. OF CITY WATER
DEPT. PROPERTY TO
BE SOLD
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Rec0rdt4 In Book 2.... Page .52, G.R.)
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LEGEND:
---- CITY WATER DEPARTMENT PROPERTY
~ PORTION OF CITY WATER DEPARTMENT
PROPERTY PROPOSED TO BE SOLD
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES
REAL PROPERTY SECTION
PROPOSED SALE OF A PORTION OF CITY
WATER DEPARTMENT PROPERTY AT THE
NORTHERLY TERMINUS OF SEPULVEDA A VENUE
(POR. OF APN 0154 011 80)
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Date:
FILE NO.: 1505-259
SHEET..1 OF..1
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ee: Lea Fogaaay
March 26, 2008
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SAN B ERN A R DIN 0 CITY OF S:"N BERNARDll.O
_ .P.5YELOFMENT SeRVICES
W ATE R D E PAR T MEN 'I' DEPARTMENT
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CITY OF
MUNICIPAL
BOARD OF WATER COMMISSIONERS
STAFF REPORT
TO: Stacey R. Aldstadt, General Manager
FROM: Matthew H. Litchfield
SUBJECT: DECLARATION OF SURPLUS PROPERTY - 0.17 ACRES OF A
PORTION OF WATER DEPARTMENT PROPERTY LOCATED
ADJACENT TO 5533 NORTH SEPULVEDA AVENUE - MOUNTAIN
RESERVOIR PLANT (EPN 2004-051)
DATE: March 25, 2008
COPIES: Bill Hemsley (w/attach), Tennie Lundy (w/attach), Sydney Morrison (w/attach),
Sally Duran (w / attach)
BACKGROUND:
Water Utility Division of the San Bernardino Municipal Water Department (Departmenr) is
requesting Board of Water Commissioners (Board) declaration of surplus property for a small
portion of the Mountain Reservoir Plant site (APN 0154-011-80-0000) located at the northerly end
of Sepulveda Avenue, The surplus portion ofland consists of approximately 7,228 square feet (0.17
acres) of sloping land adjacent to the residence located at 5533 North Sepulveda Avenue, The land
is difficult to maintain due to the natural slope of the terrain, The property owners of 5533 North
Sepulveda Avenue, Katherine and Brian Domingue, have requested the property be deeded over to
them and will assume the maintenance responsibility of this 7,228 square feet. Mr, and Mrs,
Domingue would like to maintain the property as a greenbelt to mitigate the risk of a wildfire
reaching their home, (MI. and Mrs, Domingue lost their home during the tires of 2003,)
Staff has determined the fait market value of this parcel to be a nominal $500.00 based on the
following criteria:
. The parcel is no longer needed by the City or Department for its intended use nor any other City
use.
. Due to its size and location, the highest and best use of the property is to the surrounding
property,
. The added value to the surrounding property is of minimal value since the City parcel is not
needed for access to the surrounding parce~ but does allow for a more unrestricted use of the
surrounding property,
o Comparable sales would not be llPplicable to this parcel based on the above criterion.
Agenda Item
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Stacey R. Aldstadt, General Manager
Page 2
March 25, 2008
SUBJECT: DECLARATION OF SURPLUS PROPERTY - 0.17 ACRES OF A
PORTION OF WATER DEPARTMENT PROPERTY LOCATED
ADJACENT TO 5533 NORTH SEPULVEDA AVENUE - MOUNTAIN
RESERVOIR PLANT (EPN 2004-051)
RECOMMENDATION:
It is recommended that the Board of Water Commissioners consider the following motion for
approval:
Declare 0.17 acres of property located at the southerly property line of the Water
Department's property at the end of Sepulveda Avenue (APN 0154-011-80-0000)
as surplus; recommend to the Mayor and Common Council that the property be
declared surplus; and, fIXing the sales price at $500.00; and, approving a sales
agreement between City/Domingue's and authorize staff to submit the
necessary information to the Mayor and Common Council to declare the
property surplus and sell the property to Katherine and Brian Domingue per
Section 2,65.020 of the San Bernardino Municipal Code in the amount of
$500.00.
Respectfully submitted,
M::2?L:r?
Director, Water Utility
MHL:SWL:swd
Attach,
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W: \ WUAdministration \Board Memos\Mountain Reservoir Declaration Surplu~ Property Bd Memo..... t.08.doc
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CITY OF SAN BERNARDINO
MUNICIPAL WATER DEPARTMENT
INTEROFFICE MEMORANDUM
TO:
Les Fogassy, Real Property Supervisor
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FROM:
Sydney Morrison, Senior Administrative Coordinator
SUBJECT: DECLARATION OF SURPLUS PROPERTY - 0.17 ACRES OF A PORTION OF WATER
DEPARTMENT PROPERTY LOCATED ADJACENT TO 5533 NORTH SEPULVEDA
AVENUE - MOUNTAIN RESERVOIR PLANT (EPN 2004-051)
DATE: April 2, 2008
COPIES: Matt Litchfield
At their regular meeting held April 1, 2008, an agenda item came before the Board of Water
Commissioners to declare 0.17 acres of property located at the southerly property line of the Water
Department's property at the end of Sepulveda Avenue (APN 0154-011-80-0000) as surplus; recommend
to the Mayor and Common Council that the property be declared surplus; fix the sales price at $500.00;
approve a sales agreement between the City and Katherine and Brian Domingue; and authorize staff to
submit the necessary information to the Mayor and Common Council to declare the property surplus and
sell the property to Katherine and Brian Domingue per Section 2.65.020 of the San Bernardino Municipal
Code in the amount of$500.00.
This item was approved by the following vote to wit:
AYES:
NAYS:
ABSENT:
Commissioners Callicott, Cocke, Battey, Fernandez
None
Commissioner Miller
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING FAIR
3 MARKET VALUE AND MINIMUM SALE PRICE FOR A PORTION OF CERTAIN
CITY WATER DEPARTMENT OWNED PARCEL OF REAL PROPERTY
4 GENERALLY LOCATED NORTHERLY OF SEPULVEDA AVENUE, NORTH OF 54TH
5 STREET, AND SETTING A PUBLIC HEARING TO CONSIDER SAID SALE.
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WHEREAS, the City of San Bernardino, a municipal corporation, is the owner of the
hereinafter described parcel of real property on behalf of the City of San Bernardino Municipal
Water Department, generally located northerly of Sepulveda Drive, north of 54th Street, in the
City of San Bernardino, State of California, being a portion of the parcel of land referenced as
11 Asse,ssor's Parcel Number 0154-011-80, and more fully described in Exhibit "A", attached
12 hereto and made a part hereof; and
13 WHEREAS, the Mayor and Common Council of said City fmd and determine that there
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is no necessity for the City's ownership of said real property; and
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WHEREAS, the Mayor and Common Council of said City believe it is in the best
interest of the City that said parcel of real property be disposed of at fair market value; and
WHEREAS, City staff have estimated a fair market value of the parcel at Five Hundred
Dollars ($500.00); and
WHEREAS, the adjacent property owners to this parcel have expressed a desire to
purchase said real property; and
WHEREAS, pursuant to Section 2.65.030 of the San Bernardino Municipal Code, City
owned property valued at less than $25,000 may be sold without the need for competitive bid, so
long as the sales price is not less than the fair market value of said real property.
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RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING FAIR MARKET VALUE AND
1 MINIMUM SALE PRICE FOR A PORTION OF CERTAIN CITY WATER DEPARTMENT OWNED
PARCEL OF REAL PROPERTY GENERALLY LOCATED NORTHERLY OF SEPULVEDA AVENUE,
2 NORTH OF 54TH STREET, AND SETTING A PUBLIC HEARING TO CONSIDER SAID SALE.
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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 City owned real
property, generally located northerly of Sepulveda Avenue, north of 54th Street in the City of San
Bernardino and same is hereby declared as surplus real property.
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SECTION 2. It is therefore the intention of the Mayor and Common Council of the City
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11 of San Bernardino to sell said real property to the adjacent property owner.
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SECTION 3. The Mayor and Common Council do hereby fmd and determine that the
Fair Market Value of this parcel is Five Hundred Dollars ($500.00).
SECTION 4. The Mayor and Common Council of the City of San Bernardino do hereby
set a public hearing to be held on June 16, 2008, at 4:00 p.m or as soon thereafter as the matter
can be heard, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino,
California, relative to the proposed sale.
SECTION 5. Notice of the public hearing shall be published in The San Bernardino
County Sun, a newspaper of general circulation, at least once prior to the public hearing and shall
be posted in at least 3 conspicuous places on the property at least (10) days prior to the hearing.
SECTION 6. Written and oral protest to such sale may be submitted and shall be
received at or prior to the public hearing. Written protests. may also be submitted to the City
Clerk's Office, City Hall, 300 N. "D" Street, San Bernardino, California, prior to the public
hearing.
04/23/2008
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RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING FAIR MARKET VALUE AND
1 MINIMUM SALE PRICE FOR A PORTION OF CERTAIN CITY WATER DEPARTMENT OWNED
PARCEL OF REAL PROPERTY GENERALLY LOCATED NORTHERLY OF SEPULVEDA AVENUE,
2 NORTH OF 54TH STREET, AND SETTING A PUBLIC HEARING TO CONSIDER SAID SALE.
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SECTION 7.
It is the intent of the Mayor and Common Council to consider and
approve said sale at the public hearing, said property more particularly described herein.
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04/23/2008
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RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING FAIR MARKET VALUE AND
MINIMUM SALE PRICE FOR A PORTION OF CERTAIN CITY WATER DEPARTMENT OWNED
PARCEL OF REAL PROPERTY GENERALLY LOCATED NORTHERLY OF SEPULVEDA AVENUE,
NORTH OF 54TH STREET, AND SETTING A PUBLIC HEARING TO CONSIDER SAID SALE.
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
held on the
day of
, 20_, by the following vote, to
wit:
Council Members: AYES
NAYS
ABSTAIN ABSENT
ESTRADA
BAXTER
BRINKER
DERRY
KELLEY
JOHNSON
MCCAMMACK
City Clerk
The foregoing resolution is hereby approved this
day of
,20 .
PATRICKJ. MORRIS, Mayor
City of San Bernardino
Approved as to Form:
04/23/2008
4
Page 10fl
371-01
Project Name: Mountain Reservoir
APN: 0154-011-80-0000
EXHIBIT "A"
THAT PORTION OF THE SOUTHWEST ONE-QUARTER OF THE SOUTHEAST
ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER OF SECTION 10,
TOWNSHIP 1 NORTH, RANGE 4 WEST, SAN BERNARDINO BASE AND
MERIDIAN, AS DESCRIBED IN UNITED STATES PATENT NO. 04-74-0061,
RECORDED APRIL 15, 1974 IN BOOK 8442, PAGE 176, OFFICIAL RECORDS OF
SAN BERNARDINO COUNTY, STATE OF CALIFORNIA, BEING MORE
P ARTICULARL Y DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER Of THE ABOVE DESCRIBED
LAND;
THENCE SOUTH 89010'43" WEST ALONG THE SOUTHERLY LINE OF SAID
SECTION 10, A DISTANCE OF 297.72 FEET, TO THE NORTHEAST CORNER OF
A GRANT DEED, RECORDED IN BOOK 2488, PAGE 52, OFFICIAL RECORDS OF
SAN BERNARDINO COUNTY, BEING THE POINT OF BEGINNING;
THENCE NORTH 00049'17" WEST, A DISTANCE OF 33.00 FEET TO A LINE
PARALLEL WITH AND 33.00 FEET NORTHERLY OF THE SOUTHERLY LINE OF
SAID SECTION 10;
THENCE SOUTH 89010'43" WEST ALONG SAID PARALLEL LINE, A DISTANCE
OF 190.35 FEET;
THENCE SOUTH 60042'49" WEST, A DISTANCE OF 41.56 FEET;
THENCE SOUTH 48046'09" WEST, A DISTANCE OF 20.35 FEET, TO A POINT ON
THE SOUTHERLY LINE OF SAID SECTION 10, SAID POINT BEING NORTH
89010'43" EAST AND A DISTANCE OF 15.00 FEET FROM THE NORTHWEST
CORNER OF SAID GRANT DEED;
THENCE NORTH 89010'43" EAST ALONG SAID SOUTHERLY LINE, A
DISTANCE OF 242.39 FEET, TO THE POINT OF BEGINNING.
SAID DESCRIPTION CONTAINS 7,228 SQUARE FEET, MORE OR LESS.
HILLWIG-GOODROW, LLC
PREPARED UNDER THE SUPERVISION OF:
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ALAN c. HILL~'itS 5137
DATE: e;/1/t ?~
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