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HomeMy WebLinkAbout2008-344 1 2 RESOLUTION NO. 2008-344 RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A FAIR 3 MARKET VALUE AND SALES PRICE OF $1,430,000 AND DECLARING THE INTENTION OF THE CITY TO SELL CITY OWNED PROPERTY LOCATED AT THE 4 NORTHWEST CORNER OF BASE LINE STREET AND "H" STREET TO THE STATE 5 OF CALIFORNIA DEPARTMENT OF TRANSPORTATION RELATIVE TO THE WIDENING OF THE 1-215 FREEWAY AND SETTING A PUBLIC HEARING FOR 6 SEPTEMBER 15,2008 AT 4:00 P.M., TO CONSIDER SAID SALE. 7 8 WHEREAS, the City of San Bernardino, a municipal corporation, is the owner of the 9 hereinafter described parcel of real property, located on the northwesterly comer of Base Line 10 Street and "H" Street, in the City of San Bernardino, State of California, known as Assessor's 11 Parcel No. 0145-221-09 and more fully described in Exhibit "A" attached hereto and made a part 12 13 14 hereof; WHEREAS, the State of California Department of Transportation ("CAL TRANS") 15 16 17 Freeway; and 18 desires to acquire said City owned parcel described herein relative to the widening of the 1-215 WHEREAS, the Mayor and Common Council of said City believe it is in the best 19 interest of the City that said parcel of real property be sold to CAL TRANS to facilitate the 20 widening of the 1-215 Freeway; and 21 22 a fair market value of NINE HUNDRED EIGHTY THOUSAND DOLLARS ($980,000) for said 23 24 25 WHEREAS, CAL TRANS has presented the City with an appraisal summary indicating real property, including improvements and appurtenances including but not limited to two structures, fencing, landscaping, parking and various permanent fixtures; and 26 WHEREAS, the City of San Bernardino hired Smothers Appraisal, a California Certified 27 General Appraiser, to prepare an appraisal of the City property described herein; and 28 08/27/08 2008-344 RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A FAIR MARKET VALUE AND 1 SALES PRICE OF $1,430,000 AND DECLARING THE INTENTION OF THE CITY TO SELL CITY 2 OWNED PROPERTY LOCATED AT THE NORTHWEST CORNER OF BASE LINE STREET AND "H" STREET TO THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION RELATIVE TO 3 THE WIDENING OF THE 1-215 FREEWAY AND SETTING A PUBLIC HEARING FOR SEPTEMBER 15,2008 AT 4:00 P.M., TO CONSIDER SAID SALE. 4 5 WHEREAS, Smothers Appraisal, has prepared and submitted an appraisal report 6 determining the fair market value of said City property to be in the amount of ONE MILLION 7 FOUR HUNDRED THIRTY THOUSAND DOLLARS ($1,430,000); and 8 WHEREAS, CAL TRANS has accepted the appraisal report of Smothers Appraisal as 9 10 determination of fair market value of said City property; and 11 WHEREAS, pursuant to Section 2.65.050 of the San Bernardino Municipal Code, City 12 owned property may be sold to another public agency without the need for competitive bid, so 13 14 long as the sales price is not less than the fair market value of said real property. 15 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 16 SECTION 1. The public interest and convenience require the sale of a portion of City 17 owned real property located on the northwest corner of Base Line Street and "H" Street in the 18 19 20 21 22 23 24 25 26 27 City of San Bernardino, more fully described in said ,Exhibit "A", and same is hereby declared as surplus real property. SECTION 2. It is therefore the intention of the Mayor and Common Council ofthe City of San Bernardino to sell said real property to the State of California. SECTION 3. The Mayor and Common Council do hereby find and determine that the Fair Market Value and sales price of said real property ONE MILLION FOUR HUNDRED THIRTY THOUSAND DOLLARS ($1,430,000) including improvements and fixtures; and SECTION 4. The Mayor and Common Council of the City of San Bernardino do hereby set a 28 08/27/08 2 2008-344 RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A FAIR MARKET VALUE AND 1 SALES PRICE OF $1,430,000 AND DECLARING THE INTENTION OF THE CITY TO SELL CITY 2 OWNED PROPERTY LOCATED AT THE NORTHWEST CORNER OF BASE LINE STREET AND "H" STREET TO THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION RELATIVE TO 3 THE WIDENING OF THE 1-215 FREEWAY AND SETTING A PUBLIC HEARING FOR SEPTEMBER 15,2008 AT 4:00 P.M., TO CONSIDER SAID SALE. 4 5 public hearing to be held on September 15,2008, at the hour of 4:00 p.m. or as soon thereafter 6 as the matter can be heard, in the Council Chambers of City Hall, 300 North "D" Street, San 7 Bernardino, California, relative to the proposed sale. 8 9 SECTION 5. Notice of the public hearing shall be published in The San Bernardino 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. SECTION 7. It is the intent of the Mayor and Common Council to consider and approve the sale of said property described herein, at said public hearing. 1// //1 08127/08 3 2008-344 RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A FAIR MARKET VALUE AND SALES PRICE OF $1,430,000 AND DECLARING THE INTENTION OF THE CITY TO SELL CITY 2 OWNED PROPERTY LOCATED AT THE NORTHWEST CORNER OF BASE LINE STREET AND "H" STREET TO THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION RELATIVE TO THE WIDENING OF THE 1-215 FREEWAY AND SETTING A PUBLIC HEARING FOR SEPTEMBER 3 15,2008 AT 4:00 P.M., TO CONSIDER SAID SALE. 1 4 held on the 2nd day of September , 20~, by the following vote, to 8 wit: 9 10 Council Members: 11 12 13 14 15 16 17 AYES NAYS ABSTAIN ABSENT ESTRADA x BAXTER x BRINKER x DERRY x KELLEY x x JOHNSON 18 MCCAMMACK 19 20 x ~~h.~ CIty lerk 21 The foregoing resolution is hereby approved this ~ay of 22 23 24 25 26 September ,20~ ~ "<-v-~ AT CK J. MORRl, ayor City of San Bernardino 27 28 . 4...- ES F. PENMAN, City Attorney 08/27/08 4 2008-344 EXHIBIT "A" LEGAL DESCRIPTION THOSE PORTIONS OF LOT 8 OF BLOCK 36 OF THE RANCHO SAN BERNARDINO IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 7 OF MAPS, PAGE 2, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: PARCEL ONE: BEGINNING AT A POINT ON THE WEST LINE OF THE LAND DESCRIBED AS PARCEL 5 IN THE FINAL ORDER OF CONDEMNATION ENTERED AUGUST 22, 1958, IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN BERNARDINO, CASE NO. 89930 (A CERTIFIED COPY THEREOF HAVING BEEN RECORDED AUGUST 26, 1958, IN BOOK 4588, PAGE 241 OF OFFICIAL RECORDS OF SAID COUNTY), DISTANT THEREON NORTHERLY 30.75 FEET FROM THE SOUTHEAST CORNER THEREOF; THENCE NORTHERLY ALONG THE WESTERLY LINE OF SAID PARCEL 5, A DISTANCE OF 100.00 FEET; THENCE WEST, A DISTANCE OF 340.00 FEET, MORE OR LESS, TO THE EASTERLY LINE OF THE LAND DESCRIBED AS PARCEL 3 IN THE ABOVE REFERENCED ORDER OF CONDEMNATION; THENCE SOUTHERLY ALONG SAID EASTERLY LINE OF PARCEL 3 TO ITS INTERSECTION WITH THE END OF THAT CERTAIN CURVE DESCRIBED IN PARCEL 4 OF THE ABOVE REFERENCED ORDER OF CONDEMNATION DESCRIBED THEREIN AS 'THENCE ALONG A TANGENT CURVE CONCAVE NORTHEASTERLY WITH A RADIUS OF 35.00 FEET, THROUGH A CENTRAL ANGLE OF 880 34' 18" A DISTANCE OF 54.10 FEET"; THENCE SOUTHEASTERLY ALONG SAID CURVE TO THE BEGINNING POINT THEREOF AS DESCRIBED IN SAID PARCEL 4; THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL 4, SOUTH 840 08' 56" EAST, A DISTANCE OF 304.41 FEET TO THE POINT OF BEGINNING. PARCEL TWO: BEGINNING AT A POINT, SAID POINT BEING THE NORTHEAST CORNER OF THAT CERTAIN PARCEL OF LAND CONVEYED TO THE CITY OF SAN BERNARDINO, A MUNICIPAL CORPORATION, BY DEED RECORDED JANUARY 5,1962 IN BOOK 5625, PAGE 356, OFFICIAL RECORDS OF SAID COUNTY, SAID POINT BEING 130.75 FEET NORTHERL Y FROM THE SOUTHWEST CORNER OF THA T CERTAIN PARCEL OF 2008-344 LAND DESCRIBED AS PARCEL 5 IN THE FINAL ORDER OF CONDEMNATION ENTERED AUGUST 22, 1958, IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA, IN AND FOR THE COUNTY OF SAN BERNARDINO, CASE NO. 89930 (A CERTIFIED COPY THEREOF HAVING BEEN RECORDED AUGUST 26, 1958, IN BOOK 4588, PAGE 241 OF OFFICIAL RECORDS OF SAID COUNTY); THENCE NORTH ALONG THE WEST LINE OF SAID PARCEL 5, A DISTANCE OF 25.00 FEET; THENCE WEST AND PARALLEL WITH THE NORTH LINE OF SAID CITY PROPERTY, TO THE EAST LINE OF THE LAND DESCRIBED AS PARCEL 3 IN THE ABOVE REFERENCED FINAL ORDER OF CONDEMNATION; THENCE SOUTHERLY ALONG SAID EAST LINE OF PARCEL 3 TO THE NORTHWEST CORNER OF SAID CITY PROPERTY; THENCE EAST ALONG THE NORTH LINE OF SAID CITY PROPERTY, A DISTANCE OF 340.00 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. 2008-344 CITY PROPERTY PROPOSED TO BE SOLD (35,636 SQ. FT. t) Par. LOT 8 BLK 36 R.S.B. M.B. 7/2 (329.04') - 3"O~ ~ ~ UJ UJ 0:: LL ~#~\:-.cl .: \tb \f"# ~ Q# CQ145-221-0p 304.01' N a.... OS' 56" W L.() ..- N I BASE LINE CITY OF SAN BERNARDINO DEVELOPMENT SERVICES REAL PROPERTY SECTION CREATED BY: t.-k> kt!> r. DATE: r; 2-7 M' CHECKED BY: DATE: 50' 30' I- UJ UJ 0:: I- U) in N ~ I 30J30' I I I ~ '" N :;: STREET '" ~ :;: SCALE: 1"=100' PROPOSED SALE OF CITY PROPERTY LOCATED ON THE NORTHWEST CORNER OF BASE UNE STREET AND "H"STREET (APN 0145-221-09, FIRE REPAIR FACIUTY) TO CALTRANS. FILE NO. : 15.05-257 SHEET 1 OF 1