HomeMy WebLinkAbout2013-085 RESOLUTION NO. 2013-85
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2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO ESTABLISHING A FAIR MARKET VALUE AND SALES
3 PRICE AND DECLARING THE INTENTION TO SELL REAL PROPERTY OWNED
4 BY THE CITY OF SAN BERNARDINO AND DESIGNATED FOR WATER
DEPARTMENT USE AND GRANTING A TEMPORARY CONSTRUCTION
5 EASEMENT GENERALLY LOCATED SOUTHWESTERLY OF CAJON
BOULEVARD AND DEVORE ROAD, TO THE STATE OF CALIFORNIA
6 DEPARTMENT OF TRANSPORTATION RELATIVE TO THE I-15/1-215 DEVORE
INTERCHANGE PROJECT AND SETTING A PUBLIC HEARING TO CONSIDER
7 SAID SALE.
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WHEREAS, the City of San Bernardino is the owner of a .24 acre parcel of real
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property designated for Water Department use and generally located southwesterly of Cajon
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11 Boulevard and Devore Road, in the City of San Bernardino, known as Assessor's Parcel No.
12 0349-174-10 and more fully described as follows:
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All that certain real property situated in the County of San Bernardino, State of
14 California, described as follows:
15 Lot 5, Block 31, Map of Devore, in the County of San Bernardino, State of California,
16 as shown on a map recorded in Book 17, Pages 79 and 80 of Maps, in the office of the
County Recorder of said County.
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Except therefrom any and all oil, gas, minerals, and other hydrocarbon substances
18 lying below a depth of 500 feet, as more particularly set forth and provided in that
19 certain document recorded January 11, 1977 in Book 9090, Page 716 of Official
Records; and
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21 WHEREAS, the State of California Department of Transportation ("CALTRANS")
22 desires to acquire a portion of said property for the I-15/I-215 Devore Interchange Project;
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and
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25 WHEREAS, CALTRANS also desires to acquire a Temporary Construction
26 Easement for thirty-six months over an adjacent 1,698 square foot portion of City owned
27 property, designated for Water Department use and generally located southwesterly of Cajon
28 Boulevard and Devore Road in the City, known as Assessor's Parcel No. 0349-173-29; and
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2013-85
1 WHEREAS, the Mayor and Common Council believe it is in the best interest of the
2 City that said property be sold to CALTRANS and said Temporary Construction Easement
3 be granted to facilitate the I-15/1-215 Devore Interchange Project; and
4 WHEREAS, the Water Department hired Smothers Appraisal, a California Certified
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General Appraiser, to prepare an appraisal of the City properties described herein; and
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WHEREAS, Smothers Appraisal has prepared and submitted an appraisal report
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8 determining the fair market value of said property, with severance damages, to be in the
9 amount of FIFTY-THREE THOUSAND SEVEN HUNDRED THIRTY SEVEN DOLLARS
10 ($53,737.00), and determined the fair market value of said Temporary Construction
11 Easement over said property to be in the amount of TWO THOUSAND EIGHT HUNDRED
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DOLLARS ($2,800.00); and
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14 WHEREAS, CALTRANS presented a counter offer to the Water Department based
15 on the value per square foot indicated in said appraisal report from Smothers Appraisal, in
16 the amount of FIFTY-SEVEN THOUSAND DOLLARS ($57,000.00), for the entire parcel,
17 and has accepted the determination of fair market value of said Temporary Construction
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Easement in the amount of TWO THOUSAND EIGHT HUNDRED DOLLARS ($2,800.00);
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20 and
21 WHEREAS, the San Bernardino Board of Water Commissioners has recommended
22 that the Mayor and Council accept the counter offer of CALTRANS as the determination of
23 fair market value of said properties; and
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WHEREAS, pursuant to Section 2.65.050 of the San Bernardino Municipal Code,
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27 City owned property may be sold to another public agency without the need for competitive
28 bid, so long as the sales price is not less than the fair market value of said real property.
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2013-85
THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
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COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. The public interest and convenience require the sale of a portion of
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4 City owned real property generally located southwesterly of Cajon Boulevard and Devore
5 Road, in the City of San Bernardino, more fully described above, and said property is hereby
6 declared as surplus real property.
7 SECTION 2. It is therefore the intention of the Mayor and Council to sell said real
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property to the State of California.
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SECTION 3. The Mayor and Council do hereby find and determine that the Fair
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11 Market Value and sales price of said real property is in the amount of FIFTY-SEVEN
12 THOUSAND DOLLARS ($57,000.00) and determine the Fair Market Value of the
13 Temporary Construction Easement to be in the amount of TWO THOUSAND EIGHT
14 HUNDRED DOLLARS ($2,800.00).
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SECTION 4. The Mayor and Council do hereby set a public hearing to be held on
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17 June 17, 2013, at the hour of 4:00 p.m. or as soon thereafter as the matter can be heard, in the
18 Council Chambers of City Hall, 300 North"D" Street, San Bernardino, California, relative to
19 the proposed sale.
20 SECTION 5. Notice of the public hearing shall be published in The San Bernardino
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County Sun, a newspaper of general circulation, at least once prior to the public hearing and
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23 shall be posted in at least 3 conspicuous places on the property at least (10) days prior to the
24 hearing.
25 SECTION 6. Written and oral protest to such sale may be submitted and shall be
26 received at or prior to the public hearing. Written protests may also be submitted to the City
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1 Clerk's Office, City Hall, 300 N. "D" Street, San Bernardino, California, prior to the public
2 hearing.
3 SECTION 7. It is the intent of the Mayor and Council to consider and approve the
4 sale of said property described herein, at said public hearing.
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2013-85
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO ESTABLISHING A FAIR MARKET VALUE AND SALES PRICE AND
2 DECLARING THE INTENTION TO SELL REAL PROPERTY OWNED BY THE CITY OF
SAN BERNARDINO AND DESIGNATED FOR WATER DEPARTMENT USE AND
3 GRANTING A TEMPORARY CONSTRUCTION EASEMENT GENERALLY LOCATED
SOUTHWESTERLY OF CAJON BOULEVARD AND DEVORE ROAD, TO THE STATE OF
4 CALIFORNIA DEPARTMENT OF TRANSPORTATION RELATIVE TO THE I-15/1-215
DEVORE INTERCHANGE PROJECT AND SETTING A PUBLIC HEARING TO
5 CONSIDER SAID SALE.
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7 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
8 and Common Council of the City of San Bernardino at a j o;,,r rP8 11 ar meeting
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thereof, held on the 6th day of May , 2013, by the following vote, to wit:
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11 Council Members: AYES NAYS ABSTAIN ABSENT
12 MARQUEZ x
13 JENKINS x
14 VALDIVIA x
15 SHORETT x
KELLEY x
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JOHNSON x
17 MCCAMMACK x
18 L -
19 l�X-
Geor_ Hanna, 'ity Clerk
20 The foregoing resolution is hereby approved this L day of May , 2013.
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22 r,_i
23 'atric J. Morris, Ma •
City of San Bernardino
24 Approved as to form:
25 JAMES F. PENMAN,
City Attorney
26 By: 1, G" .
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