HomeMy WebLinkAbout2011-017
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RESOLUTION NO. 2011-17
RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A FAIR
MARKET V ALUE AND SALES PRICE OF $22,000 AND DECLARING THE
INTENTION OF THE CITY TO SELL CITY OF SAN BERNARDINO MUNICIPAL
WATER DEPARTMENT OWNED PROPERTY GENERALLY LOCATED
NORTHEASTERLY OF MYERS ROAD AND WEST OF MARTIN RANCH ROAD TO
MONTECITO EQUITIES, LTD. AND SETTING A PUBLIC HEARING FOR
FEBRUARY 22, 2011 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 northeasterly of Myers Road and west of Martin Ranch Road, in the
City of SanBernardino, State of California, known as Assessor's Parcel No. 0348-101-76 and
more fully described in Exhibit "A" attached hereto and made a part hereof; and
WHEREAS, Montecito Equities, Ltd. has expressed a desire to purchase said Water
Department owned parcel described herein; and
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, Montecito Equities, Ltd. hired Inland Empire Consultants, Inc., a California
Certified General Real Estate Appraiser, to prepare an appraisal of the City property described
herein; and
WHEREAS, Inland Empire Consultants, Inc. has prepared and submitted a summary
appraisal report determining the fair market value of said Water Department property to be in
the amount of TWENTY TWO THOUSAND DOLLARS ($22,000.00); and
WHEREAS, the Water Department hired Smothers Appraisal, a Certified General
Appraiser, to prepare an Appraisal Review of the appraisal prepared by Inland Empire
01/20/2011
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2011-17
RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A FAIR MARKET VALUE AND
SALES PRICE OF $22,000 AND DECLARING THE INTENTION OF THE CITY TO SELL CITY OF SAN
BERNARDINO MUNICIPAL WATER DEPARTMENT OWNED PROPERTY GENERALLY LOCATED
NORTHEASTERLY OF MYERS ROAD AND WEST OF MARTIN RANCH ROAD TO MONTECITO
EQUITIES, LTD. AND SETTING A PUBLIC HEARING FOR FEBRUARY 22, 2011 AT 4:00 P.M., TO
CONSIDER SAID SALE.
Consultants, Inc., and determined that the appraisal was adequately researched, analyzed and
reported; and
WHEREAS, Water Department staff has accepted the appraisal report of Inland Empire
Consultants, Inc. as determination of fair market value of said Water Department property; and
WHEREAS, pursuant to Section 2.65.030 of the San Bernardino Municipal Code, City
owned property with a fair market value of less than $25,000 may be sold by negotiated
purchase, 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 ofa portion of Water
Department owned real property generally located northeasterly of Myers Road, 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 Montecito Equities, Ltd.
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 TWENTY TWO
THOUSAND DOLLARS ($22,000.00); and
SECTION 4. The Mayor and Common Council of the City of San Bernardino do
hereby set a public hearing to be held on February 22,2011, at the hour of 4:00 p.m. or as soon
01/20/2011
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2011-17
1 RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A FAIR MARKET VALUE AND
SALES PRICE OF $22,000 AND DECLARING THE INTENTION OF THE CITY TO SELL CITY OF SAN
2 BERNARDINO MUNICIPAL WATER DEPARTMENT OWNED PROPERTY GENERALLY LOCATED
NORTHEASTERLY OF MYERS ROAD AND WEST OF MARTIN RANCH ROAD TO MONTECITO
3 EQUITIES, LTD. AND SETTING A PUBLIC HEARING FOR FEBRUARY 22, 2011 AT 4:00 P.M., TO
CONSIDER SAID SALE.
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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/
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01/20/2011
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2011-17
1 RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A FAIR MARKET VALUE AND
SALES PRICE OF $22,000 AND DECLARING THE INTENTION OF THE CITY TO SELL CITY OF SAN
2 BERNARDINO MUNICIPAL WATER DEPARTMENT OWNED PROPERTY GENERALLY LOCATED
NORTHEASTERLY OF MYERS ROAD AND WEST OF MARTIN RANCH ROAD TO MONTECITO
3 EQUITIES, LTD. AND SETTING A PUBLIC HEARING FOR FEBRUARY 22, 2011 AT 4:00 P.M., TO
CONSIDER SAID SALE.
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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 i oint regular
meeting thereof
held on the
24th
day of January
, 20~, by the following vote, to
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wit:
Council Members: AYES NAYS ABSTAIN ABSENT
MARQUEZ X
X
DESJARDINS
BRINKER X
SHORETT X
X
KELLEY
JOHNSON X
MCCAMMACK X
~):J. ~
CityClerk ~L;r;~~&if
""~ -, (j
The foregoing resolution is hereby approved this ;;).~ :"--day of January , 20~
/
Approved as to form:
r/i~
MES F. PENMAN, City Attorney
01/2012011
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2011-17
EXillBIT "A"
LEGAL DESCRIPTION OF PROPERTY
All that certain real property located in the County of San Bernardino, more particularly
described as follows,
PARCEL NO.1
THAT PORTION OF LOT 15; MEYERS AND BARCLAY SUBDIVIDlON, IN THE
COUNTY OF SAN BERNARDINO. STATE OF CALIFORNIA, AS PER MAP RECORDED
IN BOOK 2 OF MAPS, PAGE 32, IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY, DESCRIBECD AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 15; THENCE SOUTH 27
DEGREES 15 MINUTES WEST ALONG THE EASTERLY LINE OF SAID LOT 15.540
FEET, THENCE WESTERLY AT RIGHT ANGLES TO SAID EASTERY LINE TO THE
POINT OF INTERSECTION WITH THE WESTERLY LINE OF THE PROPERTY
CONVEYED TO SAM STERN AND SHIRLEY STERN, HUSBAND AND WIFE, BY DEED
RECORDED IN BOOK 6114, PAGE 14, OFFICIAL RECORDS; THENCE NORTHERLY
TO THE POINT OF INTERSECTION OF A LINE PARALLEL TO THE NORTHERLY
LINE OF SAID LOT 15, DISTANT 320 FEET THEREFROM WITH A LINE PARALLEL
TO THE EASTERLY LINE OF SAID LOT 15, DISTANT 515 FEET THEREFROM,
THENCE EASTERLY PARALLEL TO THE NORTHERLY LINE OF SAID LOT, 175
FEET; THENCE NORTH PARALLEL TO THE EASTERLY LINE OF SAID LOT 15 TO A
POINT ON THE NORTHERLY LINE OF SAID LOT 15; THENCE EASTERLY ALONG
THE NORTHERLY LINE OF SAID LOT TO THE POINT OF BEGINNING.
PARCEL NO.2:
AN EASEMENT FOR ROADWAY, PIPELINE AND RELATED PURPOSES, IN. OVER,
UNDER AND ACROSS THE FOLLOWING DESCRIBED PROPERTY:
THAT PORTION OF LOT 15. MEYERS AND BARCLAY SUBDIVISION, IN THE
COUNTY OF SAN BERNARDINO. STATE OF CALIFORNIA, AS PER MAP RECORDED
IN BOOK 2 OF MAPS. PAGE 32, IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY, DESCRIBED AS FOLLOWS:
A STRIP OF LAND 50 FEET WIDE. THE CENTER LINE OF WHICH IS DESCRIBED AS
FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 15, THENCE SOUTH 27
DEGREES 15 MINUTES WEST ALONG THE EASTERLY LINE OF SAID LOT 15, 540
FEET; THENCE WESTERLY AT RIGHT ANGLES TO SAID EASTERLY LINE 280
FEET, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE
SOUTHWESTERLY PARALLEL TO SAID EASTERLY LINE OF LOT 15 TO THE
INTERSECTION OF SOUTHERLY LINE OF THE PROPERTY CONVEYED TO
EMANUEL NEIMAN AND AGNES NEIMAN, HUSBAND AND WIFE, BY DEED
RECORDED DECEMBER 14, 1943 IN BOOK 1645, PAGE 136. OFFICIAL RECORDS
OF SAID COUNTY, TO THE TERMINATION OF SAID STRIP
NOTE: SIDELINES OF SAID EASEMENT SHALL BE SHORTENED OR LENGTHENED
IN ORDER TO TERMINATE AT THE SOUTHERLY LINE OF SAID NEIMAN
PROPERTY.
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