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NOTE: COMPANION RESOLUTION 2010-115
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RESOLUTION NO. 2010-116
RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A FAIR
MARKET VALUE AND SALES PRICE OF $8,500 FOR A PORTION OF CERTAIN
CITY OWNED PROPERTY AND DECLARING THE INTENTION OF THE CITY TO
SELL THE PROPERTY GENERALLY LOCATED NORTH OF KENDALL DRIVE
AND EAST OF "H" STREET, TO THE LYNDON ALLEN FARRAR TRUST, U.A.D.I0-
5-90 (CASTAWAYS RESTAURANT), AND SETTING A PUBLIC HEARING FOR
JUNE 21, 2010, AT 4:00 P.M. TO CONSIDER SAID SALE.
WHEREAS, the City of San Bernardino, a municipal corporation, is the owner of the
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is no necessity for the City's ownership of said real property; and
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hereinafter described parcel of real property, generally located north of Kendall Drive and east
of "H" Street, in the City of San Bernardino, State of California, more fully described in Exhibit
"A", attached hereto and made a part hereof; and
WHEREAS, the Mayor and Common Council of said City find and determine that there
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, the City hired Smothers Appraisal, a California Certified General
Appraiser, to prepare an appraisal ofthe City property described herein; and
WHEREAS, Smothers Appraisal has prepared and submitted an appraisal report
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determining the fair market value of said City property to be in the amount of EIGHT
22 THOUSAND FIVE HUNDRED DOLLARS AND 00/100 ($8,500.00); and
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WHEREAS, City staff has accepted the appraisal report of Smothers Appraisal as
determination of fair market value of said City property; and
WHEREAS, the Lyndon Allen Farrar Trust, U.A.D. 10-5-90 (Castaways Restaurant), the
27 adjacent property owner to this parcel has expressed a desire to purchase said real property; and
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04/19/2010
2010-116
1 RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A FAIR MARKET VALUE AND
SALES PRICE OF $8,500 FOR A PORTION OF CERTAIN CITY OWNED PROPERTY AND
2 DECLARING THE INTENTION OF THE CITY TO SELL THE PROPERTY GENERALLY LOCATED
NORTH OF KENDALL DRIVE AND EAST OF "H" STREET, TO THE LYNDON ALLEN FARRAR
3 TRUST, U.A.D. 10-5-90 (CASTAWAYS RESTAURANT), AND SETTING A PUBLIC HEARING FOR
4 JUNE 21, 2010, AT 4:00 P.M. TO CONSIDER SAID SALE.
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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
7 long as the sales price is not less than the fair market value of said real property.
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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 City
owned real property generally located north of Kendall Drive and east of "H" Street, in the City
of San Bernardino, 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 Lyndon Allen Farrar Trust, U.A.D. 10-5-
90.
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 EIGHT THOUSAND
FIVE HUNDRED DOLLARS AND 00/100 ($8,500.00); and
SECTION 4. The Mayor and Common Council of the City of San Bernardino do
hereby set a public hearing to be held on June 21, 2010, 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
04/19/2010
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2010-116
1 RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A FAIR MARKET VALUE AND
SALES PRICE OF $8,500 FOR A PORTION OF CERTAIN CITY OWNED PROPERTY AND
2 DECLARING THE INTENTION OF THE CITY TO SELL THE PROPERTY GENERALLY LOCATED
NORTH OF KENDALL DRIVE AND EAST OF "H" STREET, TO THE LYNDON ALLEN FARRAR
3 TRUST, U.A.D. 10-5-90 (CASTAWAYS RESTAURANT), AND SETTING A PUBLIC HEARING FOR
4 JUNE 21, 2010, AT 4:00 P.M. TO CONSIDER SAID SALE.
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shall be posted in at least 3 conspicuous places on the property at least (10) days prior to the
hearing.
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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.
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04/19/2010
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2010-116
1 RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A FAIR MARKET VALUE AND
SALES PRICE OF $8,500 FOR A PORTION OF CERTAIN CITY OWNED PROPERTY AND
2 DECLARING THE INTENTION OF THE CITY TO SELL THE PROPERTY GENERALLY LOCATED
NORTH OF KENDALL DRIVE AND EAST OF "H" STREET, TO THE LYNDON ALLEN FARRAR
3 TRUST, U.A.D. 10-5-90 (CASTAWAYS RESTAURANT), AND SETTING A PUBLIC HEARING FOR
4 JUNE 21, 2010, AT 4:00 P.M. TO CONSIDER SAID SALE.
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23 The foregoing resolution is hereby approved this 1911< day of
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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 17th
day of May
,2010
, by the following vote, to
wit:
Council Members:
AYES NAYS ABSTAIN ABSENT
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~ It.~
MARQUEZ
DESJARDINS
BRINKER
SHORETT
KELLEY
JOHNSON
MCCAMMACK
Mav
,20~
~~ ~.
T CK J. MO ,Mayor
City San Bernardino
ES F. PENMAN, City Attorney
04/19/2010
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2010-115
EXHIBIT "A"
LEGAL DESCRIPTION
(Parcel C - Castaway Restaurant)
That portion of Kendall Drive described in the Deed to the State of Cali fomi a, recorded October 8,1936, in
Book 1162, Page 326, Official Records, of San Bemardino County, State of Califomia, and relinquished to
the City of San Bemardino in document recorded January 2, 1992, as Document No. 92-000403, Official
Records, of said County, and further described as follows:
ThaI portion of the northeast quarter of Section 21, all in Township 1 North, Range 4 Wesl, San Bernardino
Base and Meridian, described as follows:
BEGINNING at the northwest comer of that parcel ofland described in Deed to Lynne Threadgill,
recorded August 7, 1975, in Book 8737, Page 818, Official Records, of County of San Bemardino, State of
Califomia;
Thence South 550 27' 00" Wesl along the westerly line of said parcel and its southerly prolongalion, to a
point on a line that is parallel with and 200 feet southerly of, measured at right angles, the northerly line of
said property described in the Deed to the Stale of Califomia:
Thence northweslerly along said parallel line, North 340 33' 00" West, a distance of91.49 feet, to a tangent
curve concave southweslerly, having a radius of 1350 feet;
Thence northwesterly along said curve, through a central angle of 5044' 03", an arc distance of 135.11
feet;
Thence South 760 57' 24" Easl, a distance of306.58 feel, to the POINT OF BEGINNING.
Contains 0.509 acres (22,176.08 SQ FT.) more or less.