HomeMy WebLinkAbout14- Development Services ORIGINAL
CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
From: Valerie C. Ross, Director Subject: Authorization to Proceed-Sale of a portion
of City property generally located on the north side of
Dept: Development Services Kendall Drive, east of"H" Street, and(2)Resolutions
declaring property surplus, establishing fair market
Date: April 19, 2010 value and setting a public hearing.
File: 15.05-268
MCC Date: May 17,2010
Synopsis of Previous Council Action:
04/06/2009 - Resolution 2009-81 ordering the vacation of a portion of Kendall Drive
(formerly State Highway 206) east of "H" Street and reserving a temporary
access and landscape easement for the Castaway Restaurant, was approved.
Recommended Motion:
1. That the Director of Development Services be authorized to proceed with the sale of
City property generally located on the north side of Kendall Drive,east of"H" Street.
AND
2. Adopt Resolutions(2).
Valerie C. Ross
Contact Person: Ryan Sandoval Phone: 5226
Supporting data attached: Staff Report,Maps,Letters, Reso Ward(s): 4
FUNDING REQUIREMENTS: Amount: None
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Source: (Acct.No.)N/A
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Acct. Description: N/A
{ Finance:
Council Notes:
Zo/a - // o
Agenda Item No.
547—MO
i
CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
STAFF REPORT
Subject:
Authorization to Proceed— Sale of a portion of City property generally located on the north side
of Kendall Drive, east of"H" Street, and Resolution declaring property surplus, establishing fair
market value and setting a public hearing.
Backaround:
On January 2, 1992, the State of California relinquished Kendall Drive, including fee ownership,
to the City of San Bernardino. An application was received on May 5, 2008, from Geoffrey
Wood, requesting the vacation of a portion of Kendall Drive (formerly State Highway 206) east
of"H" Street. Geoffrey Wood owns two parcels (APN's: 0151-181-01 & 19) adjacent to this
portion of Kendall Drive and had requested to purchase the proposed vacated right-of-way
portion from the City to expand his current auto business or other possible development.
On April 6, 2009, the Mayor and Common Council adopted Resolution 2009-81, ordering the
vacation of a portion of Kendall Drive, east of"H" Street and reserved a temporary revocable
access and landscape easement over a portion adjacent to the Castaway Restaurant. The
Resolution was recorded with the San Bernardino County Recorder on April 8, 2009, and the
vacation is now final and no longer a public thoroughfare. Because this portion of Kendall Drive
is no longer public right-of-way and the City owns this land in fee, the City may now proceed to
sell this portion of land.
The San Bernardino County Flood Control District (SBCFCD), who has been using a portion of
the City property for flood control operations directly adjacent to Kendall Drive, has also shown
interest in acquiring a portion of the vacated right-of-way. Additionally, it was determined that
the Castaway Restaurant's driveway and landscaping encroach on a portion of the vacated City
right of way, south of the flood control fence. The Castaway owners (Joe and Lynn Threadgill)
have also shown interest in acquiring a portion of the property.
City departments were notified of the proposed sale and were given the opportunity to indicate if
they had any present or future needs for the property, and any comments or conflicts they might
have. Several responses were received and all were favorable of the proposed property sale. The
City Engineer indicated that an easement for drainage and access purposes over the Geoff Wood
area of interest needs to be retained in the sale. Since this portion of vacated Kendall Drive is of
no use to the City, it is recommended by staff to declare the property as surplus and to sell the
surplus area to the adjoining property owners (Geoff Wood, SBCFCD, & Castaway Restaurant).
The adjacent property owners are agreeable to the purchase and agree in concept as to how the
vacated right-of-way is to be divided.
The total surplus property is 4.03 acres and consists of approximately 175,625.74 square feet of
sloping land that will be split into three different parcels, and is shown more specifically on the
attached plat map. Geoff Wood's area of interest is 28,090.13 sq. ft, Castaway Restaurant's is
22,176.08 sq. ft., and SBCFCD's is 125,359.53 sq. ft. The portion SBCFCD is interested in
2
purchasing will be brought forward for action at a later date after the Board of Supervisors give
approval of the purchase.
The City obtained a separate appraisal for each of the parcels from Smothers Appraisal Co. and
the $3,000 total cost of the appraisals was paid for by Geoff Wood ($1,500) and the Castaway
owners ($1,500). The appraisals made a determination of value in the amount of$10,800 for the
parcel to Geoff Wood and$8,500 for the parcel to Castaways (summary letters are attached).
Staff has reviewed the appraisals and concurs with the determination of fair market value.
The City pays for appraisals when actively selling any property, but in certain occasions when
approached to sell, the City has the buyer pay for the appraisal upfront, with the option to
reimburse if the property is purchased. This is in case the fair market value is determined to be
more than what the buyer is willing to pay for it, and the City is not stuck with paying the cost of
the appraisal. Therefore, it is recommended as standard practice, to reimburse the buyers for
their portion paid toward the appraisal cost out of the total purchase price. Therefore Geoff
Wood would pay a sum of$9,300 and the Castaway owners would pay a sum of$7,000. Letters
have been received by both owners indicating they would like to purchase the properties in
question for the amount presented to them(attached).
Section 2.65.020 of the San Bernardino City Municipal Code allows the sale of property valued
under$25,000 to be sold at fair market value, but without the need for competitive bidding.
The attached resolutions declare each property surplus, establish the fair market value of$10,800
for the property being sold to Geoff Wood and $8,500 for the property being sold to the
Castaways Restaurant, and set a public hearing for June 21, 2010, relative to the proposed sale.
At the close of the hearing, a resolution approving the sale and approving a Sales and Purchase
Agreement will be submitted for your consideration. Notice of the hearing will be published and
posted as required by law.
Financial Impact:
All net sales proceeds will go to the City's general fund. The buyers will pay any recording
costs associated with the sale of this property.
Recommendation:
Staff recommends that the authorization to proceed with the sale of the property be given and
that the attached resolution be adopted.
Attachments:
- Vicinity Map
- Plat Map
- Summary Appraisal Report
- Letters from Owners
- Resolution's
3
LOCATION OF
j/ PROPOSED SALE OF
CITY OWNED
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DETAIL "A"
CITY OF SAN BERNARDINO PROPOSED SALE OF A PORTION OF
DEVELOPMENT
OPERT S SECTION VACATED KENDALL DRIVE CITY OWNED
REAL PROPERTY SECTION
PROPERTY), EAST OF "H" STREET IN THE
CITY OF SAN BERNARDINO.
® Indicates un-incorporated areas within ab/s
Sphere of Influence
Created by: Ryan Sandoval Date: 3(29(2010
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SAN BERNARDINO COUNTY
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PROPOSED SALE OF CITY OWNED PROPERTY
CITY OF SAN BERNARDINO Sheet 1 of 1 (VACATED KENDALL DRIVE, EAST OF"H"STREET)
PUBLIC WORKS DIVISION - CASTAWAY RESTAURANT-
w REAL PROPERTY SECTION
LEGEND: f/yip
/ / / / / / =Area at City owned properly to be sold
Created by: RYAN SANDOVAL Date: 412112009 ® = Portion of City Property to be add to Cas(away's
Fie No. :15.05-268 Revised: 511212010 m,ea_151 a:re.(z2na.oe.v n.)
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CITY OF SAN BERNARDINO Sheet 1 of 1 PROPOSED SALE OF CITY OWNED PROPERTY
PUBLIC WORKS DIVISION (VACATED KENDALL DRIVE, EAST OF"H"STREET)
Nodn REAL PROPERTY SECTION - GEOFF WOOD-
LEGEND:
i i i i i i _ =Area of City owned property to be sold
Created by: RYAN SANDOVAL Date: 412112009 ® = Portion of City Property to be sold to Geoff Wood
Fbt 14 nt_oAA Rc.ricerl. 9/19/9641) r,rw,.,ssa"°=.rze xn,a_.,,n,
SMOTHERS APPRAISAL
James Smothers,MAI,ASA,SRA,SR(WA 1881 Commereenter East,Suite 206,
Appraiser-Consultant-Commercial-Residential San Bernardino,CA 92408-3443
Phone:(909)890-9626 Fax:(909)890-9605
Email:jim.smothers@yahoo.com
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PrupnYylerMelCOmiwrtlNletloNml SRA,Saeiw PervEemivl Appnlee Ie,ae lioeJ R@11WV,.\me1e1445NWM Geenl Revl Envle Appnlx,
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March 2, 2010
Les Fogassy
City of San Bernardino
300 North D Street
San Bernardino, CA 92418
RE: City of San Bernardino Property
Undesignated vacant land,
Kendall Drive, San Bernardino, CA 92407.
Assessor Parcel Number: Portion of 0265-281-14.
Our File No.: 09049
Dear Mr. Fogassy:
As requested, we have prepared an appraisal report of the above referenced property for the
purpose of estimating the market value. 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 appraisal report is provided for use by the client only and the appraisers. It is not to be used
by a third party without explicit arrangements with the appraisers. The appraiser's opinions and
conclusions set forth in the report may not be understood properly without additional information
in the appraiser's workfile.
Market Value — Following is our opinion of the market value of the subject property, in the
condition observed and as it physically and legally existed, appraised with an extraordinary
assumption that there is no loss in value from soil contamination. The subject parcel does not
have a current zoning designation. The property is being appraised with the extraordinary
assumption the land use will conform to the land uses of the adjoining parcels acquiring their
respective portions of the subject parcel as of February 16, 2010:
$10,800
TEN THOUSAND EIGHT HUNDRED DOLLARS
This Letter of Transmittal and Certification of Appraisal accompanies 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 the appraisal and the report is considered to be
incomplete if viewed separately from this letter.
Respectfully Submitted,
James Smothers,MAI, ASA, SRA, SR/WA
California Certified General Appraiser AGO02102
SUMMARY OF IMPORTANT FACTS AND CONCLUSIONS
Property Identification: The subject consists of undesignated vacant
land located along Kendall Drive, San
Bernardino, CA 92407.
Assessor Parcel Number: Portion of 0265-281-14.
Ownership: City of San Bernardino.
Property Rights Appraised: Fee Simple.
Purpose: To form an opinion of the subject property
market value.
Intended Users and Use of the Appraisal: Les Fogassy, City of San Bernardino and
assigns, for potential sale.
Effective Date of the Appraisal: February 16, 2010.
Date of the Inspection: February 16, 2010.
Date of the Report: March 2, 2010.
Zoning Designation: Undesignated area(To be determined use).
Site Description: The subject site has a total area of
approximately 28,090.13 square feet, or 0.64
acres.
Improvement Description: Not applicable, only the land has been
appraised.
Highest and Best Use as if Vacant: We estimate that the highest and best use of the
property as vacant is for joinder to the adjacent
parcel.
Highest and Best Use as Improved: Not applicable as vacant land.
Exposure period: 6 to 12 months.
Direct Sales Approach Value: $10,800
3
Final Estimate of Market Value: Appraised with an extraordinary assumption
that there is no loss in value from soil
contamination. The subject parcel does not
have a current zoning designation. The
property is being appraised with the
extraordinary assumption the land use will
conform to the land uses of the adjoining
parcels acquiring their respective portions of
the subject parcel. $10,800.
4
SMOTHERS APPRAISAL
James Smothers,MAI,ASA,SRA,SR/WA 1881 Commercenter East,Suite 206,
Appraiser-Consultant-Commercial-Residential San Bernardino,CA 92408-3443
Phone:(909)890-9626 Fax:(909)890-9605
Email:jim.smothem@yahoo.com
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March 2, 2010
Les Fogassy
City of San Bernardino
300 North D Street
San Bernardino,CA 92418
RE: City of San Bernardino Property
Vacant land, Kendall Drive, San Bernardino, CA 92407.
Assessor Parcel Number: Portion of 0265-281-14.
Our File No.: 09049
Dear Mr. Les Fogassy:
As requested, we have prepared an appraisal report of the above referenced property for the
purpose of estimating the market value. 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 appraisal report is provided for use by the client only and the appraisers. It is not to be used
by a third party without explicit arrangements with the appraisers. The appraiser's opinions and
conclusions set forth in the report may not be understood properly without additional information
in the appraiser's workfile.
Market Value — Following is our opinion of the market value of the subject property, in the
condition observed and as it physically and legally existed, appraised with an extraordinary
assumption that there is no loss in value from soil contamination. The subject parcel does not
have a current zoning designation. The property is being appraised with the extraordinary
assumption the land use will conform to the land uses of the adjoining parcels acquiring their
respective portions of the subject parcel as of February 16, 2010:
$8,500
EIGHT THOUSAND FIVE HUNDRED DOLLARS
This Letter of Transmittal and Certification of Appraisal accompanies 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 the appraisal and the report is considered to be
incomplete if viewed separately from this letter.
Respectfully Submitted,
James Smothers, MAI,ASA, SRA, SR/WA
California Certified General Appraiser AGO02102
SUMMARY OF IMPORTANT FACTS AND CONCLUSIONS
Property Identification: The subject consists of undesignated vacant
land located along Kendall Drive, San
Bernardino, CA 92407.
Assessor Parcel Number: Portion of 0265-281-14.
Ownership: City of San Bernardino.
Property Rights Appraised: Fee Simple.
Purpose: To form an opinion of the subject property
market value.
Intended Users and Use of the Appraisal: Les Fogassy, City of San Bernardino and
assigns, for potential sale.
Effective Date of the Appraisal: February 16, 2010.
Date of the Inspection: February 16, 2010.
Date of the Report: March 2, 2010.
Zoning Designation: Undesignated area(To be determined use).
Site Description: The subject site has a total area of
approximately 22,176.08 square feet, or 0.51
acres.
Improvement Description: Not applicable, only the land has been
appraised.
Highest and Best Use as if Vacant: We estimate that the highest and best use of the
property as vacant is for joinder to the adjacent
parcel.
Highest and Best Use as Improved: We estimate the highest and best use of the
property as presently improved not applicable
as vacant land.
Exposure period: 6 to 12 months.
Direct Sales Approach Value: $8,500
3
Final Estimate of Market Value: Appraised with an extraordinary assumption
that there is no loss in value from soil
contamination. The subject parcel does not
have a current zoning designation. The
property is being appraised with the
extraordinary assumption the land use will
conform to the land uses of the adjoining
parcels acquiring their respective portions of
the subject parcel. $8,500
4
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JOE THREADGILL
Lyndon A Farrar Trust 208.661.4969
Lynne Threadgill, Trustee
P.O. Box 1047
Coeur d'Alene, Idaho 83816
March 22, 2010
Ryan Sandoval, Specialist
Development Services Dept.
300 North"D" Street, 3`d Floor
San Bernardino, CA 92418-0001 `+AR 2 5 2010
RE: Purchase& Sale of 1 small parcel (vacated) Kendall Drive. cm of SAN BERNARDINO
DEVELOPMENT SERVICES
DEPARTMENT
Dear Ryan,
Pursuant to our conversation of this morning, this letter will confirm our commitment to
purchase the vacated small piece of land along Kendall Drive at the entry approach to the
Castaway Restaurant property. This property is owned by our family trust& we will take
title in that name- Lyndon Allen Farrar Trust,U.A.D. 10-5-90.
We understand we can credit the $1500.00 we had paid for our share of the appraisal
against the$8,500.00 appraised market value. Also,this small piece is to accrue the same
zoning designation as our adjoining parcel#271-071-54 upon the deeding and
transferring of the parcel to our family trust, -the Lyndon Allen Farrar Trust, U.A.D. 10-
5-90.
We will await receipt of a sales&purchase agreement from you& will execute& get it
notarized(if needed) &return it to you with the$7000.00 Cashier's funds. The Deed to
this parcel can be given to Ed Bonadiman (909-885-3806)for recording.
Sincerely,
Joe Threa gat , Property Mgr.
V G
Lyndon Allen Farrar Trust, U.A.D. 10-5-90
Enc: Map of Area& Triangular Parcel
I
1 RESOLUTION NO. COPY
2 RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A FAIR
3 MARKET VALUE AND SALES PRICE OF $10,800 FOR A PORTION OF CERTAIN
CITY OWNED PROPERTY AND DECLARING THE INTENTION OF THE CITY TO
4 SELL THE PROPERTY GENERALLY LOCATED NORTH OF KENDALL DRIVE
5 AND EAST OF "H" STREET, TO GEOFF WOOD, AND SETTING A PUBLIC
HEARING FOR JUNE 21,2010,AT 4:00 P.M.TO CONSIDER SAID SALE.
6
7 WHEREAS, the City of San Bernardino, a municipal corporation, is the owner of the
8 hereinafter described parcel of real property, generally located north of Kendall Drive and east
9
of"H" Street, in the City of San Bernardino, State of California,more fully described in Exhibit
10
"A",attached hereto and made a part hereof, and
ii
12 WHEREAS,the Mayor and Common Council of said City find and determine that there
13 is no necessity for the City's ownership of said real property;and
14 WHEREAS, the Mayor and Common Council of said City believe it is in the best
15 interest of the City that said parcel of real property be disposed of at fair market value-,'and
16
WHEREAS, the City hired Smothers Appraisal, a California Certified General
17
18 Appraiser,to prepare an appraisal of the City property described herein; and
19 WHEREAS, Smothers Appraisal has prepared and submitted an appraisal report
20 determining the fair market value of said City property to be in the amount of TEN
21 THOUSAND EIGHT HUNDRED DOLLARS AND 00/100($10,800.00);and
22
WHEREAS, City staff has accepted the appraisal report of Smothers Appraisal as
23
24 determination of fair market value of said City property; and
25 WHEREAS, Geoff Wood, the adjacent property owner to this parcel has expressed a
26 desire to purchase said real property; and
27
28
04/19,12010
1 RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A FAIR MARKET VALUE AND
2 SALES PRICE OF $10,800 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 GEOFF WOOD, AND SETTING A
3 PUBLIC HEARING FOR NNE 21,2010,AT 4:00 P.M.TO CONSIDER SAID SALE.
4 WHEREAS, pursuant to Section 2.65.030 of the San Bernardino Municipal Code, City
5 owned property valued at less than $25,000 may be sold without the need for competitive bid, so
6
long as the sales price is not less than the fair market value of said real property.
7
8 THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
9
SECTION 1. The public interest and convenience require the sale of a portion of City
10
11 owned real property generally located north of Kendall Drive and east of"H" Street, in the City
12 of San Bernardino, and same is hereby declared as surplus real property.
13 SECTION 2. It is therefore the intention of the Mayor and Common Council of the
14 City of San Bernardino to sell said real property to Geoff Wood.
15
SECTION 3. The Mayor and Common Council do hereby find and determine that the
16
17 Fair Market Value and sales price of said real property is in the amount of TEN THOUSAND
18 EIGHT HUNDRED DOLLARS AND 00/100 ($10,800.00); and
19 SECTION 4. The Mayor and Common Council of the City of San Bernardino do
20 hereby set a public hearing to be held on June 21, 2010, at the hour of 4:00 p.m. or as soon
21 thereafter as the matter can be heard, in the Council Chambers of City Hall, 300 North"D"
22
Street, San Bernardino, California, relative to the proposed sale.
23
24 SECTION 5. Notice of the public hearing shall be published in The San Bernardino
25 County Sun, a newspaper of general circulation, at least once prior to the public hearing and
26 shall be posted in at least 3 conspicuous places on the property at least (10) days prior to the
27 hearing.
28
04/19/2010 2
1 RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A FAIR MARKET VALUE AND
2 SALES PRICE OF $10,800 FOR A PORTION OF CERTAIN CITY OWNED PROPERTY AND
DECLARING THE INTENTION OF THE CITY TO SELL THE PROPERTY GENERALLY LOCATED
3 NORTH OF KENDALL DRIVE AND EAST OF °H° STREET, TO GEOFF WOOD, AND SETTING A
PUBLIC HEARING FOR JUNE 21,2010,AT 4:00 P.M.TO CONSIDER SAID SALE.
4 SECTION 6. Written and oral protest to such sale may be submitted and shall be
5
received at or prior to the public hearing. Written protests may also be submitted to the City
6
Clerk's Office, City Hall, 300 N. "D" Street, San Bernardino, California, prior to the public
7
8 hearing.
9 SECTION 7. It is the intent of the Mayor and Common Council to consider and
10 approve the sale of said property described herein, at said public hearing.
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
04/19/2010 3
1 RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A FAIR MARKET VALUE AND
SALES PRICE OF $10,800 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 GEOFF WOOD, AND SETTING A
3
PUBLIC HEARING FOR NNE 21,2010,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
Common Council of the City of San Bernardino at a meeting thereof
7
8 held on the day of 20� by the following vote, to
9 wit:
10 Council Members: AYES NAYS ABSTAIN ABSENT
12II DMES ARDINS
13
BRINKER
14
15 SHORETT
16 KELLEY
17 JOHNSON
18 MCCAMMACK
19
20
21 City Clerk
22
The foregoing resolution is hereby approved this day of 20
23
24
25 PATRICK J. MORRIS, Mayor
City of San Bernardino
26 Approved form:
27
28 AMES F.PENMAN, City Attorney
04/192010 4
EXHIBIT "A"
_ LEGAL DESCRIPTION
(Parcel A—Geoff Wood)
That portion of Kendall Drive described in the Deed to the State of California,recorded October 8, 1936,in
Book 1162,Page 326,Official Records,of San Bernardino County, State of California,and relinquished to
the City of San Bernardino in document recorded January 2, 1992,as Document No.92-000403,Official
Records,of said County,and further described as follows:
That portion of the northeast quarter of Section 21,all in Township 1 North,Range 4 West,San Bernardino
Base and Meridian,described as follows:
COMMENCING at the most northwesterly comer of said Deed to the State of California;
Thence South 0°30' East along the westerly line of said property described in said Deed,to a line that is
parallel with and 50.03 feet southerly of,measured at right angles,the northerly line of the property
described in said Deed,said point being the TRUE POINT OF BEGINNING;
Thence southeasterly along said parallel line,South 60° 30'East,a distance of 162.86 feet;
Thence leaving said parallel line,South 11°40' 34"East,a distance of 209.12 feet,to a point on a non
tangent curve concave southwesterly,that is parallel with and 200 feet southerly of,measured at right
angles,said northerly line of the property described in said Deed;
Thence northwesterly along said curve,having a radius of 1350 feet,through a central angle of 060 01'40",
an arc distance of 142.03 feet;
Thence North 600 30' West,a distance of 72.18 feet,more or less,to said westerly line of property
described in said Deed;
Thence North 00 30'West along said westerly line,a distance of 173.19 feet,more or less,to the TRUE
POINT OF BEGINNING.
Contains 0.645 acres(28,090.13 SQ FT.)more or less.
1 COPY NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A FAIR
3 MARKET VALUE AND SALES PRICE OF $8,500 FOR A PORTION OF CERTAIN
CITY OWNED PROPERTY AND DECLARING THE INTENTION OF THE CITY TO
4 SELL THE PROPERTY GENERALLY LOCATED NORTH OF KENDALL DRIVE
5 AND EAST OF"H" STREET,TO THE LYNDON ALLEN FARRAR TRUST,U.A.D. 10-
5-90 (CASTAWAYS RESTAURANT), AND SETTING A PUBLIC HEARING FOR
6 JUNE 21,2010,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, generally located north of Kendall Drive and east
10 of"H" Street, in the City of San Bernardino, State of California, more fully described in Exhibit
11 "A", attached hereto and made a part hereof, and
12
WHEREAS, the Mayor and Common Council of said City find and determine that there
13
14 is no necessity for the City's ownership of said real property; and
r°
`4 15 WHEREAS, the Mayor and Common Council of said City believe it is in the best
16 interest of the City that said parcel of real property be disposed of at fair market value; and
17 WHEREAS, the City hired Smothers Appraisal, a California Certified General
18 Appraiser,to prepare an appraisal of the City property 3described herein; and
19
20 WHEREAS, Smothers Appraisal has prepared and submitted an appraisal report
21 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
23 WHEREAS, City staff has accepted the appraisal report of Smothers Appraisal as
24 . determination of fair market value of said City property; and
25
WHEREAS, the Lyndon Allen Farrar Trust,U.A.D. 10-5-90 (Castaways Restaurant),the
26
C27 adjacent property owner to this parcel has expressed a desire to purchase said real property; and
28
�y
04/192010 1 W/711
1 RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A FAIR MARKET VALUE AND
2 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
3 NORTH OF KENDALL DRIVE AND EAST OF "H" STREET, TO THE LYNDON.ALLEN FARRAR
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.
5 WHEREAS, pursuant to Section 2.65.030 of the San Bernardino Municipal Code, City
6 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.
8 THEREFORE,BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL
9 OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
10 SECTION 1. The public interest and convenience require the sale of a portion of City
11 owned real property generally located north of Kendall Drive and east of"H" Street, in the City
12
of San Bernardino, and same is hereby declared as surplus real property.
13
SECTION 2. It is therefore the intention of the Mayor and Common Council of the
14
15 City of San Bernardino to sell said real property to the Lyndon Allen Farrar Trust, U.A.D. 10-5-
16 90.
17 SECTION 3. The Mayor and Common Council do hereby find and determine that the
18 Fair Market Value and sales price of said real property is in the amount of EIGHT THOUSAND
19
FIVE HUNDRED DOLLARS AND 00/100($8,500.00); and
20
21 SECTION 4. The Mayor and Common Council of the City of San Bernardino do
22 hereby set a public hearing to be held on June 21, 2010, at the hour of 4:00 p.m. or as soon
23 thereafter as the matter can be heard,in the Council Chambers of City Hall, 300 North"D"
24 Street,San Bernardino, California,relative to the proposed sale.
25
SECTION 5. Notice of the public hearing shall be published in The San Bernardino
26
27 County Sun, a newspaper of general circulation, at least once prior to the public hearing and
28
1104/19/2010 2
1 RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A FAIR MARKET VALUE AND
2 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
3 NORTH OF KENDALL DRIVE AND EAST OF "H" STREET, TO THE LYNDON ALLEN FARRAR
TRUST, U.A.D. 10-5-90 (CASTAWAYS RESTAURANT), AND SETTING A PUBLIC HEARING FOR
4 NNE 21,2010,AT 4:00 P.M.TO CONSIDER SAID SALE.
5 shall be posted in at least 3 conspicuous places on the property at least (10) days prior to the
6 hearing.
7 SECTION 6. Written and oral protest to such sale may be submitted and shall be
8 received at or prior to the public hearing. Written protests may also be submitted to the City
9
Clerk's Office, City Hall, 300 N. "D" Street, San Bernardino, California, prior to the public
10
hearing.
ii
12 SECTION 7. It is the intent of the Mayor and Common Council to consider and
13 approve the sale of said property described herein, at said public hearing.
14
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21
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04/19/2010 3
1 RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A FAIR MARKET VALUE AND
2 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
3 NORTH OF KENDALL DRIVE AND EAST OF "H^ STREET, TO THE LYNDON ALLEN FARRAR
TRUST, U.A.D. 10-5-90 (CASTAWAYS RESTAURANT), AND SETTING A PUBLIC HEARING FOR
4 NNE 21,2010,AT 4:00 P.M.TO CONSIDER SAID SALE.
5
6 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
7 Common Council of the City of San Bernardino at a meeting thereof
s held on the day of 20 , by the following vote, to
9
wit:
10
Council Members: AYES NAYS ABSTAIN ABSENT
ii
12 MARQUEZ
13 DESJARDINS
14 BRINKER
15 SHORETT
16
KELLEY
17
18 JOHNSON
19 MCCAMMACK
20
21 City Clerk
22
23 The foregoing resolution is hereby approved this day of 120
24
25 PATRICK J. MORRIS,Mayor
26 City of San Bernardino
Approved form:
27
28 S F. PENMAN,City Attorney
04/19/2010 4
EXHIBIT "A"
LEGAL DESCRIPTION
(Parcel C—Castaway Restaurant)
That portion of Kendall Drive described in the Deed to the State of California,recorded October 8, 1936,in
Book 1162,Page 326,Official Records, of San Bernardino County, State of California, and relinquished to
the City of San Bernardino in document recorded January 2, 1992, as Document No. 92-000403,Official
Records,of said County,and further described as follows:
That portion of the northeast quarter of Section 21,all in Township 1 North,Range 4 West,San Bernardino
Base and Meridian,described as follows:
BEGINNING at the northwest comer of that parcel of land described in Deed to Lynne Threadgill,
recorded August 7, 1975,in Book 8737,Page 818,Official Records,of County of San Bernardino,State of
California;
Thence South 550 27'00"West along the westerly line of said parcel and its southerly prolongation,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 State of California;
Thence northwesterly along said parallel line,North 340 33' 00"West,a distance of 91.49 feet,to a tangent
curve concave southwesterly,having a radius of 1350 feet;
Thence northwesterly along said curve,through a central angle of 50 44'03",an arc distance of 135.11
feet;
CThence South 76°57'24"East,a distance of 306.58 feet,to the POINT OF BEGINNING.
Contains 0.509 acres(22,176.08 SO FT.)more or less.
C