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Home My WebLink About11-Development Services (2) ORIGINAL CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Valerie C. Ross, Director Subject: Authorization to Proceed and Adopt Resolution determining fair market value of a portion of City of San Bernardino Municipal Water Department owned real property generally located south of 9th Street and west of"H" Street (APN 0140-191-41) and setting a public hearing for March 2, 2009 at 4:00 p.m. relative to the sale to Caltrans. Dept: Development Services Date: January 6, 2009 File No.: 15.05-265 Synopsis of Previous Council Action: MCC Date: February 2, 2009 None Recommended Motion: I. That the Director of Development Services be authorized to proceed with the sale of a portion of City of San Bernardino Municipal Water Department owned real property to Caltrans generally located south of 9th Street and west of"H" Street (APN 0140-191-41); AND 2. Adopt Resolution. ~(;. ~W Valerie C. Ross Contact person: Ryan Sandoval Staff Report, Maps, Memos, Supporting data attached: Summary Tetter< Re<o Phone: 5226 Ward: I FUNDING REQUIREMENTS: Amount: None Source: (Acct. No.) N/A (Acct. Description) Finance: Council Notes: 6..50 d2OYl-/d" Agenda Item No. ~ 1,~"01 CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report SUBJECT: Authorization to Proceed and Adopt Resolution determining fair market value of a portion of City of San Bernardino Municipal Water Department owned real property generally located south of 9th Street and west of "H" Street (APN 0140-191-41) and setting a public hearing for March 2, 2009 at 4:00 p.m. relative to the sale to Caltrans. BACKGROUND: In April, 2008, the State of California Department of Transportation (Caltrans) notified the City of San Bernardino Municipal Water Department of its intent to purchase a portion of City Water Department owned property generally located south of 9th Street and west of "H" Street (APN: 0140-191-41). The portion of property being proposed for acquisition by Caltrans is currently where the Water Department's 60" Lower Zone Transmission Main is located, which was placed into service in 2006. The purpose of the acquisition is to facilitate the widening project of the 1- 215 Freeway, which will help reduce some of the freeway congestion in this area. The 60" transmission main design accommodates the 1-215 widening project based on the Water Departments determination. On April 29, 2008, Caltrans made an offer to purchase the portion of vacant property for the amount of $490,000. Due to the configuration of the land requested by the State, the Water Department would have been left with a 20-foot wide strip of unusable land. Therefore, Water Department staff requested that the offer from the State include taking this strip, measuring 4,147 square feet. The State agreed to include this strip and revised the offer from $490,000 to $527,323. The State's appraisal report was reviewed by James Smothers, Certified General Appraiser, from Smothers Appraisal Co., on behalf of the Water Department to evaluate the value of the property, including the 20-foot wide strip, to ensure that the offer was reasonable. The Smothers' appraisal made a determination of value in the amount of $266,596 (summary letter is attached). The difference is based on Smother's determination of comparable sales more applicable to this property. On December 16, 2008, the City of San Bernardino Municipal Water Department Board of Water Commissioners ("Board") unanimously voted to accept the Right of Way Contract offer of $527,323 from the State of California Department of Transportation for the partial acquisition of Water Department property, and authorized the submittal of the Right of Way Contract and Grant Deed to the Mayor and Common Council for approval and recordation. The attached Resolution establishes the fair market value of $527,323 for the property, and sets a public hearing for March 2, 2009, which must be held prior to approving the sale pursuant to Government Code Section 37420, et seq. A Resolution approving the Right of Way Contract will be submitted for review at that meeting. The California Transportation Commission adopted a Resolution of Necessity on September 25, 2008, as the initial procedural step to acquire this property, and based upon discussions with Caltrans staff on January 5, 2009, Caltrans has neither filed nor served any complaint in eminent domain upon the City to proceed with the acquisition of this property through court proceedings. Upon approval of a Right of Way Contract, the City of San Bernardino Municipal Water Department and Caltrans will enter into an escrow agreement. Caltrans will pay all escrow and closing costs for this transaction and thus the Water Department's net revenue from the sale will be $527,323. As per the City Charter, Section 164, the City will receive 10% of all Water Department revenues. FINANCIAL IMPACT: Since all escrow and closing costs will be paid by Caltrans per the terms of the Right of Way Contract, the City of San Bernardino Municipal Water Department will receive $474,591 and the City will receive $52,732 (10%) as per the City Charter from the property sale. RECOMMENDATION: That the Director of Development Services be authorized to proceed with sale of a portion of City of San Bernardino Municipal Water Department owned real property to Caltrans generally located south of 9th Street and west of"H" Street (APN 0140-191-41) and Adopt Resolution; ATTACHMENTS: Vicinity Map Site Map I Site Map 2 Water Department Memos and Board action Appraisal Summary Letters Copy of proposed right-of-way contract Resolution o Z ~ Q ~ -< z ~ ~ ~ z -< r:n ~ o ~ E-t ~ U [\1 ""'-. r--- [[] ~ I IDllS Hi6 HiWlS HiLI l33H.lS -Hi9l. - - -- ,c U.l '-'r ~ ~- - ![i_ - 311N3AY ~1O"". 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BERN ARDINO ---------~-------- 23+00 t IMP. 9th ST.__ 24+00 NO']O'''lO''W .....- -_ 1.J64m (23.50') -..... ......., , E r ~ ~ ~N ci~ 'T-------------------i--------------~~~ , I , I . : 1'301.<10') I I '31.86 l1\ I I 56\' 38'Sl'''fI , ,_ ~ ~ ~ 8 \ I, I, ~\ I () ~/ , , , I 1- ,0 l:;i I. I~ E I ::l , 0 J ~ J. _ _ __ _ _ _ _ _ _ _ _ _~_ =- y-) ~ ()'v !!l J J' l" E 0 ~ ~ ~--------------- '" ?.J '0 0\ V PARCEL 19631-1 o o + ~ ~ 10 -rRJ\CT NO. 2828 ----------------- 9 .. ,., '!' " " ~ N8CJ'J3'JJ"E 35.3"6m 1~5.96'1 8r ~ .. - ~ o IVI8 E N ~ ~ d ~ o o + N ~ .. J~ b "' N o , :l , , , I , "', POB '........_,_ N89'JJ'38"E 5.116m (16.78') , , ,., .., '" o I , O((O,UCOI'lD(lI JlINr; I, 2005 lHeJ. ND. 200503a62~a - , I , , ~: ~ , ~ , , , , , , , N84'.t14'21"E 50.011m UG4.0S'1 <'. 0~ -\ ,\ <:)' /\ ?;. + ()V eV <? , <'~ ~ <'", ,\0,\ () V 4;) ~ , (to. <Q " <'.~' <'</ 9 ~ 0' I -------------------~------------------ '0 '\ V I , , , , , , 39/ J4' '0 " ~~ ~ ~ ~ E6 ~ 12.573f1l (41.25'1' ... "' "' 0: ... VI ?= , '" !) STAn: OF CALIFORNIA BUSINESS, 'fRANSPORTATlON AND 1I0USlNG AGENCY DKPARTMENT OF TRANSPORTATION RIGHT OF WAY RESOLUTION OF NECESSITY NOT TO SCALE DJST~t1CT cottITY ROUTE SHEET KP'IPM SHEET NO. TOTAL SHEETS 58 Sed :215 12.3/1.6 l l CITY on N '" I- oo o '" -----~--- l!! ... OF SAN ~Tr: Tile stat. of CalifornIa or It. orffell,." or ogllnt. lIhall not blt ,...pone/blll for the occurocy or compl.t."... of dIgital Imag.. of thf" m<lp. 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('} () <?'J" /\ I I I I I I I I I I F , ... i) ''.I -(<' ,\ <) V -;f;) 0,'0\.0 1>,<" ~\l ~ <-~ <0'.1 ~~ 0f I - -----------------~------------------- PARCE~ 19631-:01-01 '0 I- OJ OJ '" l- on .\ V POS , , , , , , , 39/ H' , , , , , , , , , , , , , , , , , STATEOFCAUFORNL\ BUSJNKSS, TRANSPORTATION AND HOUSING AGENCY DItPARTMENT OF TRANSPORTATION RIGHT OF WAY RESOLUTION OF NECESSITY NOT TO SCALE DISTInCT COUNTY ROUTE SHEET ItPIPM SHEET NO. TOTAL SHEETS S8 SBd 215 12.317.6 3 3 CITY OF SAN BERNARDINO MUNICIPAL WATER DEPARTMENT INTEROFFICE MEMORANDUM TO: Ryan Sandoval, Real Property FROM: Sydney Morrison, Senior Administrative Coordinator SUBJECT: PROPERTY SALE IN LIEU OF CONDEMNATION - 9TH STREET AND "H" STREET PROPERTY (APN 0140-191-41) - THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION'S 1-215 WIDENING PROJECT (EPN 1993-705) DATE: December 16, 2008 The Board of Water Commissioners, at their regular meeting held on Tuesday, December 16, 2008, unanimously voted to: . Accept the Right of Way Contract offer of $527,323 from the State of California Department of Transportation for the partial acquisition of property described in the Grant Deed (Document No. 19631-1, 19631-01-01) (APN 0140-191-41); and authorize submittal of the Right of Way Contract and the Grant Deed to the Mayor and Common Council for approval and recordation. This item was approved by the following vote to wit: AYES: NAYS: ABSENT: Commissioners Callicott, Cocke, Fernandez None Commissioners Battey, Miller Should you have any questions, 1 can be reached at ext. 3499. Thank ~.. ' ~.. CL- i I _ L . . (/ --- ;' 'dney Morrison Senior Administrative Coordinator. CITY OF SAN BERNARDINO MUNICIPAL WATER DEPARTMENT BOARD OF WA TER CO~IMISSIONERS STAFF REPORT TO: Stacey R. Aldstadt, Genetal Manager FROM: Matthew H. Litchfield SUBJECT: PROPERTY SALE IN LIEU OF CONDEMNATION - 9TH STREET AND "H" STREET PROPERTY (APN 0140-191-41) - THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION'S 1-215 WIDENING PROJECT (EPN 1993-705) DATE: December 1, 2008 COPIES: Sydney Morrison (w/attach), Steve Ledbetter (w/attach), Tennie Lundy (w/attach) BACKGROUND: The State of California Department of Transportation (State) is currently in the planning and design stage of the 1-215 Widening Project, Segment 2, from 9th Street to 16th Street in the City of San Bernardino. The State has identified property owned by the Department at the intersection of 9th and "H" Streets (APN 0140-191-41) required to accommodate the 1-215 widening. As a result, the State has prepared a Right of Way Contract offer of compensation for conveyance of a portion of this parcel to accommodate the 1-215 widening. As part of the Department's due diligence, the property in question (pIQ) was investigated and tlie following was determined: . The Department's 60" Lower Zone Transmission Main, which was placed into service in 2006, is located within this parcel (Exhibit A). . The 60" transmission main design accommodates the 1-215 widening project. . The PIQ partial acquisition does not land lock the remaining parcel s!nce the Department acquired a parcel that fronts "H" Street to properly access the PIQ (Exhibit B). . The State's existing Encroachment Permit Number 08-04-N-CJ-0019 will remain valid with the widening of the State's right of way (Exhibit C). . The State's appraisal report (Exhibit D) was reviewed bl' J ames Smothers, Certified General ,\ppraiser, to enluate the ,'alue of rhe PIQ to ensure that the offer was reasonable. The Summary Appralsal Report (Exhibit E) shows that the ,'alue of the PIQ is $247,693. Due to the configuration of the land requested by the State, a 20-foot WIde strip of remaining land was rendered unusable by the Department. Therefore, staff requested that the offer from the State include taking this strip, measuring 4,147 square feet. This revised the offer from $490,000 to $527,323 and .\genda Item_ Stacey R. Aldstadt Page 2 December I, 2008 SUBJECT: PROPERTY SALE IN LIEU OF CONDEMNATION - 9TH STREET AND "H" STREET PROPERTY (APN 0140-191-41) - THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION'S 1-215 WIDENING PROJECT (EPN 1993-705) includes the 20-foot strip. Staff recommends accepting the offer of $527,323 for the partial acquisition of property (APN 0140-191-41) and executing the Right of Way Contract with the State to avoid potential condemnation proceedings. Staff has also carefully reviewed the supporting documentation provided by the State. The State has provided the following documents: . The Payee Data Record (Exhibit F) - This form is required to be completed when receiving payment from the State of California in lieu of preparing form IRS W-9 (form completed by City Manager). . The Certificate of Occupancy (Exhibit G) - Staff concurs with the State's conclusion that the PIQ is not occupied. . The 1099-S Input Form (Exhibit H) - This form is not required since the PIQ is owned by a municipally. . The Litigation Guarantee (Exhibit I) - Staff has reviewed this document containing information on the property to facilitate the filing of the condemnation action and has no objections. . State of California, Department of Transportation, Right of Way Contract ~ State Highway (5 originals for execution - Exhibit J) - To be executed by the Interim City Manager and approved as to form and content by the City Attorney. . Grant Deed (Exhibit K) - To be executed by the Mayor. RECOMMENDATION: Staff recommends that the Board of Water Commissioners make the following motion: Accept the Right of Way Contract offer of $527,323 from the State of California Department of Transportation for the partial acquisition of property described in the Grant Deed (Document No. 19631-1, 19631-01-01) (APN 0140-191-41); and authorize the secretary to submit the Right of Way Contract and the Grant Deed to the Mayor and Common Council for approval and recordation. Respectfully submitted, MHLBH:swd Attach. \\' \\ 1 :.-\,lrllllw,lration n.lard ~lem\)s',Pn.lp~r1y Salt in hr\l Of('clllllt'l1lJlalHlIl ' 'lIb & If l'nJpcrty ll-18-0H,dol STATE OF CAUFORNIA. DEPARTMENT OF TRANSPORTATION EXHIBl I 7-EX-24 (NEW 1012005) SENIOR FIELD REVIEW CERTIFICATE AND APPRAISAL REVIEW REPORT (Fonn #) REG/DlST 08 CO SBd RTE 215 KP P.M. 7.617.7 EXP AUTH 0071v2 AR# 43 1. I have personally viewed all subject parcels and all comparable data and am satisfied with the relative comparability noted. 2. The highest and best use of each property, as shown in the report, is reasonable and proper. 3. Gross Income Multipliers 0 are supported with factual data. [g] Not applicable. 4. The Cost Approach is 0 supported by data from recognized sources. [g] Not applicable. 5. The Income Approach to value, including the interest rates, is 0 supported by data from the market [g] Not applicable. 6. Damages, Benefits and Construction Contract Work are 0 correct and are supported in accordanct.' with existing instructions. [g] Not applicable. 7. The amount listed for each parcel in the certificate is the market value amount approved or reconunended for approval to govern negotiation and settlement. 8. I understand that the approved value may be used in cormection with a Federal-Aid highway project. 9. I have no direct or indirect, present or contemplated future personal interest in such property or in anv benefit from the acquisition of such property appraised. 10. The amount approved or recommended for approval is not a directed amount; it was arrived at fairly, without coercion, and is based on appraisals and other factual data of record. COMMENTS: Parcel No. Appraised Value Damalles C.C. W. Benetits 19631-1 $490,000.00 i/2LI I ~uc 6 Date ' I ~[L f(JLJ Chief, Appraisal Branch For Individuals with disabilities, this document is available in <lltemate fonnats_ For infol1nation call (4! 6) 654-54 I 3, Voice, ADA Notice CRS ) -800- 73.'\-2929 or write Right of Way, I J 20 N Street, MS-37, Sacramento, CA 95~ 14 STATE OF CALIFORNIA. DEPARTMENT OF TRANSPORTATION CERTIFICATE OF APPRAISER RW 7-6 4/93 DISTRICT EA OS-SBd-215 0071 v2 ARNo. 43 J Hereby Certify: That I have personally inspected the property herein appraised and that the property owner has been afforded an opportunity to be present at the time of the inspection. A personal field inspection of the comparable sales relied upon in making said appraisal has also been made. The subject and the comparable sales relied upon in making said appraisal were as represented by the photographs contained in said appraisal. That to the best of my knowledge and belief, the statements contained in the appraisal herein set forth are true, and the information upon which the opinions expressed therein are based is correct, subject to limiting conditions therein set forth. That I understand that such appraisal is to be used in connection with the acquisition of right of way for a highway to be constructed by the State of Cali fomi a with the assistance of Federal-aid highway funds, or other Federal funds. That such appraisal has been made in conformity with the appropriate State laws, Title VI of the 1964 Civil Rights Act, and regulations, policies and procedures applicable to appraisal of right of way for such purposes; and that to the best of my knowledge no portion of the value assigned to such property consists of items which are noncompensable under the established law of said State. That neither my employment nor my compensation for making this appraisal and report are in any way contingent upon the values reported herein. That I have no direct or indirect present or contemplated future personal interest in such property or in any benefit from the acquisition of such property appraised. That I have not revealed the findings and results of such appraisal to anyone other than the proper officials of the California Department of Transportation or officials of the Federal Highway Administration and I will not do so until so authorized by State officials, or until I am required to do so by due process oflaw, or until I am released from this obligation by having publicly testified as to such findings. That my opinion of the total fair market value of the parcels listed below included in this report and made a part hereof by reference, as of the 22 day of April 2008, is $490.000.00 ; and that such conclusion was derived without collusion, coercion or direction as to value. ~ ! -,;;!/ , " .4-',/w......( _, : .4,--r.....,Qt,..G.o-T' Michael :Salzmann A;~ -.:/ 2~ :2.C (J ;; . (Da((~) ADA Notice For individuals with disabilities, this document is available in alternate formats. For information call (916) 654-6410 Voice, CRS: 1-800-735-2929, or write Records and Forms Management 1120 N Street. MS-89, Sacramento, CA 95814. Parcel Number 19631-1 SUMMARY OF THE BASIS FOR JUST COMPENSATION: The sales comparison approach has been used to value these parcels. The State proposes to construct High Occupancy Vehicle Lanes on the 1-215 Freeway along with connecting ramps. Consequently, widening will be required where the extension intersects with existing roads. The widening will require land about 133 feet east of the existing 1-215 Right of Way line. The acquisition area of 54,438 SF is over 60% of the larger parcel but Access and utility of the remainder will remain resulting in no change to the highest and best use of the remainder parcel. The subject's highest and best use will still allow potential development of medium density residential housing. Therefore, it is concluded that there are no damages to the remainder parcel. When evaluating benefits to the remainder the same considerations were applied and it is concluded that the acquisition of the parcel will not result in any benefit to the remainder parcel. Before Value of Subject Parcel: $768,843.00 After Value of Remainder Parcel: $278,901.00 Indicated Value of Partial Acquisition: $489,942.00 Total Just Compensation: $489,942.00 Rounded To: $490,000.00 34 STATE OF CALIFORNIA' DEPARTMENT OF TRANSPORTATION RIGHT OF WAY CONTRACT - STATE HIGHWAY RW 8-3 (Rev. 6/95) San Bernardino, California DISTRICT COUNTY ROUTE POST MILE RlW E.A. 8 SBD 215 12.30 (KP) 0071 V9 (007169) ,2008 CITY OF SA:"J BERNARDfNO MUNICIPAL WATER DEPART\1E?\IT Granlor(s) Document No. 19631-1 and 19631-01-01 in the form of a Grant Deed covering the property particularly described in the above instruments have been executed and delivered to Keith Williams, Associate Right of Way Agent for the State of California. 1. In consideration of which, and the other considerations hereinafter set forth, it is mutually agreed as follows: (A) The parties have herein set forth the whole of their agreement. The performance of this agreement constitutes the entire consideration for said document and shall relieve the State of all further obligation or claims on this account, or on account of the location, grade or construction of the proposed public improvement. (B) Grantee requires said property described in Document No. 19631-1 and 19631-01-01 for State highway purposes, a public use for which Grantee has the authority to exercise the power of eminent domain. Grantor(s) is compelled to sell, and Grantee is compelled to acquire the property. (C) Both Grantor(s) and Grantee recognize the expense, time, effort, and risk to both parties in determining the compensation for the property by eminent domain litigation. The compensation set forth herein for the property is in compromise and settlement, in lieu of such litigation. 2. The State shall: (A) Pay the undersigned grantor(s) the sum of $527,323.00 subject to all matters of record for the property or interest conveyed by the above document. (B) Pay all escrow and recording fees incurred in this transaction and, if title insurance is desired by the State, the premium charged therefor. (C) Have the authority to deduct and pay from the amount shown in Clause 2(A) above, any amount necessary to satisfy any bond demands and delinquent taxes due in any year except the year in which this escrow closes, together with penalties and interest thereon, and/or delinquent and non delinquent assessments which have become a lien at the close of escrow. 3. Permission if hereby granted to State or its authorized agent to enter upon grantor(s) land where necessary within that certain area shown outlined in color on the Right of Way map attached hereto and made a part hereof, for the purpose of constructing the State's freeway project. It is further understood that the Grantor(s) grant the State or its authorized agent pennission to enter upon Grantor(s) remaining land, where necessary, to install material used to secure the area during construction as shown on the attached map. 4. In consideration of the State's waiving the defects and imperfections in all matters of record title, the undersigned Grantor( s) covenants and agrees to indemnify and hold the State of California hannless from any and all claims that other parties may make or assert on the title to the premises. The Grantor's obligation herein to indemnify the State shall not exceed the amount paid to the Grantor(s) under this contract. 5. It is understood and agreed that the payment for the excess area described in the Right of Way Map attached hereto and made apart thereof for 4,147 square feet is included in Paragraph 2(A) above and is at the sole request of and as a convenience to the undersigned Grantor(s) and relocation assistance benefits will not accrue since this is not s State initiated displacement. RIGHT OF WAY CONTRACT - STATE HIGHWAY (Cant.) RW 8-3 (Rev. 6/95) 6. Grantor(s) warrant(s) that there are no oral or written leases on all or any portion of the property exceeding a period of one month, and the Grantor(s) further agree(s) to hold the State harmless and reimburse the State for any and all of its losses and expenses occasioned by reason of any lease of said properly held by any tenant of Grantor(s) for a period exceeding one month. 7. State agrees to indemnify and hold harmless the Grantor(s) from any liability arising out of State's operations under this agreement. State further agrees to assume responsibility for any damages proximately caused by reason of State's operations under this agreement and State, will, at its option, either repair or pay for such damage. 8. It is agreed and confirmed by the parties hereto that notwithstanding other provisions in this contract, the right of possession and use of the subject properly by the State, including the right to remove and dispose of improvements, if any, shall conunence on November 1. 2008 or the close of this escrow controlling this transaction, whichever occurs first, and that the amount shown in clause 2(A) herein includes, but is not limited to, full payment for such possession and use, including damages, if any, from said date. 9. The acquisition price of the properly being acquired in this transaction reflects the fair-market value of the properly without the presence of contamination. If the properly being acquired is found to be contaminated by the presence of hazardous waste which requires ntitigation under Federal or State law, the State may elect to recover its cleanup costs from those who caused or contributed to the contamination. 10. This transaction will be handled through an escrow with LandArnerica Commonwealth Title Company, 27290 Madison Avenue, Suite 300, Ternecula, California 92590, Litigation Guarantee 07130491, Escrow Number 2756203. 2 RIGHT OF WAY CONTRACT - STATE HIGHWAY (Cant.) RW 8-3 (Rev, 6/95) In Witness Whereof, the parties have executed this agreement the day and year first above written. CITY OF SAN BERNARDINO MUNICIPAL W A~R By ~ MarkF. We' fts Interim ' Mana er DEPARTMENT ApPROVED AS TO F~ AND CONTENT ~ James F. ~q City Attorn RECOMMENDED FOR APPROVAL: STATE OF CALIFORNIA DEPARTMENT OF TRANSPORT AnON By: Keith Williams Associate Right of Way Agent Acquisition-District 8 By: Deena Lester Senior Right of Way Agent Acquisition-District 8 Approved By: By: Patricia L Smith Right of Way Project Delivery Manager District 8 Date: No Obligation Other Than Those Set Forth Herein Will Be Recognized. 3 SMOTHERS ApPRAISAL James Smothers, MAl, ASA, 8RA, SR/W A Aooraiser - Consultant. Commercial. Residential 1881 Commercenter East, Suite 206, San Berolrdino, CA 92408 Phone: (909) 890-%26 Fax: (909) 890-9605 Emall: jim.smothers@yahoo.com A..... SodoI1.t'App..1oon Aa:nolI......rA........1l.aat I'tvperIyIU.......C......a.hH..... ......Moobor _ Jte.1 Pn_triJlooWqllo, A......lMtl"'.. SRA. S-"'. ......1lo1A....-r MAl. Muakr '" AIIII.....lwlll.". "'_lIoul RlplofW., A-'olla, 8RlWA, s.....R1nlol'W.yA_1 c-.l R.I I.... A.,..... S.,.C.rfllkawIAGtOUI1 October 30, 2008 Bill Hemsley, Principal Engineer City of San Bernardino Municipal Water Department P.O. Box 710 San Bernardino, California 92402 RE: City of San Bernardino Municipal Water Property Vacant land, located between 8th & 9th Street, East of the Interstate 215, San Bernardino, California 92410. Assessor Parcel Number: 0140-191-18, 41. Our File No.: 08038 Dear Mr. Hemsley: Pursuant to your request, we have prepared a preliminary appraisal report of the above referenced property for the purpose of estimating the value of the larger parcel, the area to be acquired, value of the remainder, severance oamages, benefits and just compensation. The appraisal is according to the definitions of market value as stated in this report, and subject to the assumptions, limiting conditions and certification contained within. This is a Summary Appraisal Report as deflfled under provisions of the Appraisal Standards Board of the Appraisal Foundation. This is Phase I of a phased appraisal assignment, which is subject to change as additional information and verifications are received. It is intended to assist the client in determining whether an offer to purchase author presented by Caltrans is reasonable. Considering the investigations undertaken, the indicators of value in this report, and the relative reliability of each, the following represent our final estimates as of the date of value. VALUE OF THE WHOLE BEFORE ACQUISITION: $516,680 VALUE OF THE PART ACQUIRED AS PART OF THE WHOLE: $247,693 VALUE OF THE REMAINDER AS PART OF THE WHOLE: $268,987 VALUE OF THE REMAINDER, CONSIDERING INCURABLE DAMAGES: $250,084 INCURABLE SEVERANCE DAMAGES: $18,903 CURABLE SEVERANCE DAMAGES: $0 VALUE OF THE REMAINDER, CONSIDERING BENEFITS: $250,084 BENEFITS: $0 NET DAMAGES OR NET BENEFITS: $18,903 TEMPORARY CONSTRUCTION EASEMENT: $0 TOTAL JUST COMPENSATION: $266,596 This Letter of Transmittal and Certification of Appraisal precedes the appraisal report, further describing the subject and containing the reasoning and pertinent data leading to the estimated value. Your attention is directed to the "General Underlying Assumptions and Limiting Conditions" which were considered in this assignment and are at the end of the report. This letter is considered an integral part of this report and the report is considered to be incomplete if viewed separately from this letter. Respectfully Submitted, r- J..~ JZ~ James Smothers, MAl, ASA, SRA, SRIW A California Certified General Appraiser AG002102 (Expires 12/20/2008) 1 2 3 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 RESOLUTION NO. 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; 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 that said portion of real property be sold to CAL TRANS to facilitate the widening of the 1-215 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 =#It o l/28/2009 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 9TH STREET AND WEST OF "H" STREET TO THE 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 6 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 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 TWO HUNDRED SIXTY.SIX THOUSAND FIVE HUNDRED NINETY-SIX DOLLARS ($266,596); and WHEREAS, Water Department staff has accepted the appraisal report of CAL TRANS as determination of fair market value of said Water Departmentproperty; 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 01/28/2009 2 TWENTY SEVEN THOUSAND THREE HUNDRED TWENTY THREE DOLLARS ($527,323); and 7 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 S. 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. 11/ 11/ 01128/2009 3 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 THE 1-215 FREEWAY AND SETTING A PUBLIC HEARING FOR MARCH 2,2009 AT 4:00 P.M., TO CONSIDER SAID SALE. 4 5 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Common Council of the City of San Bernardino at a meeting thereof held on the day of ,20_, by the following vote, to wit: ABSTAIN ABSENT AYES NAYS Council Members: ESTRADA BAXTER BRINKER (VACANT) KELLEY JOHNSON MCCAMMACK City Clerk day of The foregoing resolution IS hereby approved this 20 PATRICKJ. MORRIS, Mayor City of San Bernardino ARProved as to form: 01/28/2009 4 ~ EXHIBIT " A" Those portions of Lots 7, 8, 9, 10 and 11 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 Maps in the Office of the County Recorder of said county, and those portions of Lots 5, 6 and 7 of Block 57, as shown on Plan of the City of San Bernardino, in said city, in said county, in said stale, filed on July 20, 1866, in Book 7, page 1 of Maps in the Office of the County Recorder of said county, described as follows: BEGINNING at the southeast corner of said Lot 7 of Tract No. 2828; thence along the easterly line of Lots 7 and 8 of said Tract No. 2828, North 0026'22" West, 60.592 meters (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 11, North 0.29'33" West, 52.534 meters (172.36 feet) to the northeast comer of said Lot 11; thence along the northerly line of said Lot II, South 89033'09" West, 7.320 meters (24.02 feet); thence North 0'27'52" West, 54.551 meters (J 78.97 feet): thence North 84'44'21" East, 50.011 meters (164.08 feet) to the westerly line of the land as described in a Grant Deed to Samuel Kiema et ux, recorded on June 1, 2005 as document No. 20050386298 in said Office of the County Recorder; thence along said westerly line, North 0030'40" West, 7.164 meters (23.50 feet) to the easterly tenninus of that certain course cited as "South 8]038'55" West, 301.46 feet" in a Director's Deed to the Matilda Schwartz ct aI, recorded on August 29,196] in Book 5522, page 269 in said Office of the County Recorder; thence along the existing State Highway Right-of-Way, the following two (2) courses, (1) South 81038'32" West, 91.866 meters, (301.40 feet) to the northerly teminus 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 10 8th Street and 9th Street. (Continued) 08-SBd-215-KP 12.30-19631-1,19631-01-01 (19631-1) , This conveyance is made for the purpose of a freeway and the grantor hereby releases and relinquishes to the grantee any and all abutter's rights including access rights, appurtenant to grantor's remaining property, io and to said freeway. The bearings and distances used in the above description are based 00 the California Coordinate System of 1983, Zone 5. Multiply distances shown by 1.000068345 to obtain ground level distances. This real properly ha~ been described by me, or under my direction, in conformance with the ,- Professional Land Su,ryeyor,'rACt. / I 1- ,,/ /1 ./ < / Signalure /, " ~, ~. I~ r:> I // -----. ---- / ,,-to"" L_ ~ . ZJ . Dale j{)-o7- 2wB 08-SBd-215-KP 12.30-19631-1,19631-01-01 (1963] -1)