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Home My WebLink About2009-018 1 2 3 4 5 6 7 8 9 10 11 12 RESOLUTION NO. 2009-18 RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A FAIR MARKET VALUE AND SALES PRICE OF $527,323 AND DECLARING THE INTENTION OF THE CITY TO SELL CITY OF SAN BERNARDINO MUNICIPAL WATER DEPARTMENT OWNED PROPERTY GENERALLY LOCATED SOUTH OF 9TH STREET AND WEST OF "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 MARCH 2, 2009 AT 4:00 P.M., TO CONSIDER SAID SALE. WHEREAS, the City of San Bernardino Municipal Water Department ("Water Department"), a municipal corporation, is the owner of the hereinafter described parcel of real property, generally located south of 9th Street and west of "H" Street, in the City of San Bernardino, State of California, known as Assessor's Parcel No. 0140-191-41 and more fully described in Exhibit "A" attached hereto and made a part hereof; 13 14 15 16 17 18 19 that said portion of real property be sold to CALTRANS to facilitate the widening of the 1-215 20 21 22 23 24 25 26 27 28 WHEREAS, the State of California Department of Transportation ("CALTRANS") desires to acquire a portion of said Water Department owned parcel described herein relative to the widening of the 1-215 Freeway; and WHEREAS, the Mayor and Common Council believe it is in the best interest of the City Freeway; and WHEREAS, CALTRANS has presented the Water Department with an appraisal summary indicating a fair market value of FIVE HUNDRED TWENTY SEVEN THOUSAND THREE HUNDRED TWENTY THREE DOLLARS ($527,323) for said real property; and WHEREAS, the Water Department hired Smothers Appraisal, a California Certified General Appraiser, to prepare an appraisal of the City property described herein; and 01/28/2009 2009-18 1 RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A FAIR MARKET VALUE AND 2 SALES PRICE OF $527,323 AND DECLARING THE INTENTION OF THE CITY TO SELL CITY OF SAN BERNARDINO MUNICIPAL WATER DEPARTMENT OWNED PROPERTY GENERALLY LOCATED soum OF 9m STREET AND WEST OF "H" STREET TO THE STATE OF CALIFORNIA 3 DEPARTMENT OF TRANSPORTATION RELATIVE TO THE WIDENING OF mE 1-215 FREEWAY AND SETTING A PUBLIC HEARING FOR MARCH 2, 2009 AT 4:00 P.M., TO CONSIDER SAID SALE. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, Smothers Appraisal has prepared and submitted an appraisal report determining the fair market value of said Water Department property to be in the amount of TWO HUNDRED SIXTY-SIX THOUSAND FIVE HUNDRED NINETY-SIX DOLLARS ($266,596); and WHEREAS, Water Department staff has accepted the appraisal report ofCALTRANS as determination of fair market value of said Water Department property; and WHEREAS, pursuant to Section 2.65.050 of the San Bernardino Municipal Code, City owned property may be sold to another public agency without the need for competitive bid, so long as the sales price is not less than the fair market value of said real property. THEREFORE, 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 a portion of Water Department owned real property generally located south of 9th Street and west of "H" Street, in the 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 of the 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 is in the amount of FIVE HUNDRED 01/2812009 2 2009-18 1 RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A FAIR MARKET VALUE AND 2 SALES PRICE OF $527,323 AND DECLARING THE INTENTION OF THE CITY TO SELL CITY OF SAN BERNARDINO MUNICIPAL WATER DEPARTMENT OWNED PROPERTY GENERALLY LOCATED SOUTH OF 9m STREET AND WEST OF "H" STREET TO mE STATE OF CALIFORNIA 3 DEPARTMENT OF TRANSPORTATION RELATIVE TO THE WIDENING OF THE 1-215 FREEWAY AND SETTING A PUBLIC HEARING FOR MARCH 2, 2009 AT 4:00 P.M., TO CONSIDER SAID SALE. 4 5 TWENTY SEVEN THOUSAND THREE HUNDRED TWENTY THREE DOLLARS 6 7 ($527,323); and 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 4. The Mayor and Common Council of the City of San Bernardino do hereby set a public hearing to be held on March 2, 2009, at the hour of 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. 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 01/28/2009 3 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2009-18 1 RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A FAIR MARKET VALUE AND SALES PRICE OF $527,323 AND DECLARING THE INTENTION OF THE CITY TO SELL CITY OF 2 SAN BERNARDINO MUNICIPAL WATER DEPARTMENT OWNED PROPERTY GENERALLY LOCATED SOUTH OF 9TH STREET AND WEST OF "H" STREET TO THE STATE OF CALIFORNIA 3 DEPARTMENT OF TRANSPORTATION RELATIVE TO THE WIDENING OF mE 1-215 FREEWAY AND SETTING A PUBLIC HEARING FOR MARCH 2, 2009 AT 4:00 P.M., TO CONSIDER SAID SALE. 4 5 6 7 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a joint regular meeting thereof held on the 2nd day of February , 20~, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA x BAXTER x BRINKER x (VACANT) KELLEY x JOHNSON x MCCAMMACK x a~j:;,~ City Clerk The foregoing resolution is hereby approved this 4nf day of February 20~. ~ K J. MO Mayor an Bernardino 01/28/2009 4 , .. 2009-18 EXHIBIT "A" Those portions of Lots 7, 8. 9, 10 and II of Tract No. 2828, in the City of San Bernardino, County of San Bernardino, State of California, as shown on the map filed on November 10, 1945, in Book 39, page 14 of Mapa in the Office of the County Recorder of said county. and those porti()[lS of Lots 5, 6 and 7 ofBlook 57, l!.S shown on Plan of the City of San Bernardino, in said city, in said county, in said state, tiled on July 20,1866, in BoOk 7, page 1 of Maps in the Office of the County Recorder of said county, described as folloWll: BEGINNING at the southeast comer of said Lot 7 of Tract No. 282$; thence atollg the easterly line of Lots 7 and 8 of said Tl'lICt No. 2828, North 0026'22" West, 61).592 rneters (198.79 feet) to the northeast comer of said Lot 8; thence along the southerly line of said Lot 9, North 89'33 '33" East, 42.692 meters (140,06 feet) to the southeast comer of said Lot 9; thence along the easterly line of said Lots 9, 10 and II, North 0.29'33" West, 52.534 meters (172.36 feet) to the northellst comer of said Lot II; thcncealong the northerly line of said Lot II, South 89033'09" West, 7.320 meters (24.02 feet); thence North 0"27'52" West. S4.551 meterS (178.97 feet); thence North 84.44'21" Ellst, $(l.Otl rnete1'S (164.08 feet) to the westerly line of the land l!.S described in a Grant Deed to Samuel Kiema et lIX, recorded on June 1, 2005 l!.S document No. 20050386298 in said Ot'tlce of the County Recorder; thcnce along said westerly line. North 0030'40" West, 7.164 meters (23.50 feet) to the easterly terminus of that certain course cited l!.S "South 81038'55" West. 301.46 feet" in a Director's Deed to the Matilda Schwartz et ai, recorded on August 29. 1961 in Book 5522, page 269 in said Office of the County Reco~; thence along the existing State Hl8hway Ri8ht-of- Way, the following two (2) courses, (1) South 81'38'32" West, 91.866 meters, (301.40 feet) to the northerly terminus of that certain course cited as "South 0041 '39" East, 545.90 feet" in said Director's Deed; thence (2} South 0041'53" East, 166,391 meterS (545.90 feet) to the southerly terminus. of said cited course and the southerly line of said Lot 7 of Tract No. 2828; thence along said southerly line. North 89033 '38" East, 5.116 meters (16.78 feet) to the POINT OF BEGINNING. TOGETHER with underlying fee interest, if any. contiguous to the above-described property in and to 8th Street and 9th Street. (Continued) OS-SBd-215-KP 12.30-19631-1,19631-01-01 (19631-1) , 2009-18 , This conveyance is made for the purpose of a freeway and the grantor l!ereby releases and relinquishes to the grantee any and all abutter's riahta including acces! rights, appurtenant to llJIDlor's remaining property, in and to said freeway, The bearings and distances used in the above description are 'based OD the Calitbrnia Coordinate System of 1983, Zone 5. Multiply distances shown by 1.00006B345 to obtain gtotmd level di$tances. This real property has been described by me, or ~ my direction, in oontbnnance with the Professional Land Sjeyor' Act. <.;'/ I // '" " Sigpature /" L , Dale jO-o7- za:;8 08-SBd-2l5-KP 12.30-19631-1,19631-01-01 (19631-1)