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HomeMy WebLinkAboutR07-Economic Development Agency tit tit tit - . . Redevelopment Agency . City of San Bernardino 300 North "D" SIree~ Fourth Floor . Sill Bernardino, California 92418 (714) 384-S081 FAX (714) 888-9413 Prkl. .f ';~7f.. NOVEMBER 17, 1989 EMINENT DOMAIN PROCEEDINGS - HADE PARCEL Synopsis of Previous Commission/Council/Committee Action: 09-07-89 The Committee recommended that a jOint public hearing be set by the Commission and Common Council. 09-18-89 The Commission and Common Council set a Joint Public Hearing for October 2, 1989. 09-21-89 The Committee forwarded a proposed Disposition and Development Agreement (DDA) to the Commission and Common Council. 10-02-89 Resolutions 89-396 and 5207 approved the DDA. (COMMUNITY DEVELOPMENT COMMISSION) Recommended Motion: A. That the Community Development Commission set a public hearing for 11:00 a.m. on January 8, 1990 to consider a Resolution of Necessity to acquire, by eminent domain, certain real property located in the Southeast Industrial Park Project Area. (continued on page 2) Respectfully Submitted, g Executive Director Contact Person: Nancy Davison Supporting data attached: Yes Phone: 384-5081 Hard: 1 FUNDING REQUIREMENTS: $280,000 Project: SEIP Commission Notes: RT:ND:sm:2522H Agenda of: December 4, 1989 Item No. 1f1 . . e Redevelopment Agency (COMMUNITY DEVELOPMENT COMMISSION) (contInued from page 1) B. That the CommunIty Development CommIssIon approve the attached offer of Just CompensatIon be forwarded to the owners of certaIn real property located In the Southeast IndustrIal Park Project Area. e e RT:ND:sm:2522H 3 e e e . . Redevelopment Agency S T A F F R E P 0 R T It Is recommended that the Community Development Commission set a public hearing for 11:00 a.m. on January 8, 1990 to consider the adoption of a Resolution of Necessity for the acquisition by eminent domaIn of real property shown on the attached map In the Southeast Industrial Park Project Area. It Is also recommended that the Community Development Commission approve the attached Offer of Just Compensation be forwarded to the owners of the property. BACKGROUND In conjunction with the expansion of Rockwell's current facility, a DDA has been approved by the Commission which, among other things, provides that the Agency acquire a 6.31 acre site which will be leased to Rockwell and developed as a parking site for the expanded faCility. Staff has taken preliminary steps In preparation for eminent domain proceedings. A firm was selected to perform an appraisal on the property, and based on the report submitted to staff, the property was appraised at $275,000. The next step, per government code Section 7267.2, Is to make a formal offer to the owners of the property. Whether or not the formal offer Is accepted, a Public Hearing must be held to consider adoptIon of a Resolution of Necessity. The purpose of the resolution Is to set out the proposed use of the property being acquired and to justify an eminent domain action as necessary to the development within the redevelopment project area. RT:ND:sm:2522H 4 e e e ~ i . ~~ II . ~ t I!~ i~ .' ,,; t',' .' ~, t.\~ ~ llt "" llI::t I :t i..... "f''') !pr~J'. rr..r.~l""- I~\ , iCO \ ~ < r-- ',. . 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Peccorini Suite 403, First American building 323 Hest Court Street San Bernardino, California 92401 Re: Offer of Just Compensation/Acquisition of Property Redevelopment Agency, City of San Bernardino Dear Mr. Peccorini: In accordance with the direction of the Community Development Commission of the City of San Bernardino, we are in the process of acquiring fee interests in certain parcels of real property within the Southeast Industrial Park Project Area in order to construct a parking lot and related facilities. It is necessary to acquire the fee interest in a parcel of real property owned by your clients since it is located within the redevelopment prOject area. The inclusion of this property within the redevelopment prOject has been determined to be necessary for the effective redevelopment of the area. In order to carry out this redevelopment project, we must acquire the property owned by your clients which is described in Exhibit 1. Also attached is a plat map depicting the location of the necessary property. He are authorized to offer as just compensation the amount of $275,000.00 for all claims of any kind for the fee interest to be acquired in your clients property. This amount is based upon an approved appraisal and is not less than the appraiser's opinion of fair market value of current date. which he determined after a personal inspection of your clients property, and is made to you in an effort to acquire the property without controversy. Enclosed for your review is a summary appraisal. e e e . . Redevelopment Agency Mr. H. M. Peccorlnl November 17, 1989 Page Two He will pay all escrow costs Including the usual seller's costs so the acquIsition will be without expense to your clients. Taxes will prorated to the close of escrow. If our offer Is acceptable to you, please sign the acceptance on the enclosed copy of Exhibit 1 and return It to us. On receipt of your acceptance and approval of the Community Development Commission, we will open escrow. If this offer Is not acceptable to you, please find enclosed a Notice of Hearing which Is to be held by the Redevelopment Agency of the City of San Bernardino on January 8, 1990, at which time the Community Development Commission will consider adopting a resolution of necessity to acquire certain real property pursuant to the powers of eminent domaIn. If you have any questions or desIre additional Information, please call Mrs. Nancy Davison at (714) 384-5081. Sincerely, Robert J. Temple ActIng ExecutIve Director RT: sm: 2522H Enclosures 1. Legal Description 2. Plat Map 3. Summary Appraisal 4. Notice of Hearing e e e . . EXHIBIT 1 Fee title to the following described property: PARCEL NO.5 OF PARCEL MAP NO. 4781, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 48 OF PARCEL MAPS, PAGE 87, INCLUSIVE, RECORDS OF SAID COUNTY. Said description describes the fee Interest the Redevelopment Agency of the City of San Bernardino will be acquiring In the property. I accept the offer of the Redevelopment Agency of the City of San 8ernardino dated , 1989, for the above-described property according to Its terms and authorize the Agency to open an escrow for the sale. Date: By: Date: By: ~ . . . APPRAISAL OF: SUMMARY OF APPRAISAL REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO PARCEL NO'S 281-031-52 AND 281-021-30 GOTTFRIED, GAMBLE & ASSOCIATES PHILLIP GOTTFRIED, MAl APPRAISED BY: e I have 18 years experience as a real estate appraiser of which the last thirteen years have been In Southern California. During this time I have appraised similar properties located primarily In Los Angeles, Riverside and San Bernardino Counties. I have had private fee assignments In the area beginning In 1977. I have conducted an Investigation to determine the fair market value of the land to be acquired. This Investigation Included consideration of the accepted appraisal approached to value, Including where pertinent, market investigations, land residual analysis, depreciation studies and cost analyses, if appropriate. I have considered the following appraisal approaches: Market Approach Cost of Replacement Approach Income Approach These techniques were employed in relationship to the judgment of highest and best use. I have concluded that the market approach Is most appropriate to the valuation of the subject. land. To determine the fair market value of the subject property, I conducted a market search and found that there were comparable sales of similar properties which shed light onto the value of the subject. Using those comparable sales, I have determined that, as of the date of valuation, September 18, 1989. the fair market value of subject property Is: FULL TAKE - PARCEL NO.'S 281-031-52 AND 281-021-30 TWO HUNDRED SEVENTY FIVE THOUSAND DOLLARS ($275,000.00> . The opinions expressed were formed by me as of the date of valuation and reflect my~~nlon as of that date based upon information available to me as of that date. I reserve the right to change, alter or amend any or all of the opinions expressed In this summary and In my appraisal report if additional facts should be brought to my attention in the future or If the Court should order either that certain matters which I have considered should not be considered or that certain matters which I have not considered should be considered, and, finally, If the date of valuation should change. Attached hereto Is a copy of a resume of my qualifications, together with limiting conditions and assumptions which are Incorporated Into my valuation estimate. XEROX TELECOP I ER 295; nA-n; ??:?? ??; CC I TT . .. NOV-16-89 THU ~:~0 H M M1LLER ; # 3 P.0'3 . :~'.:', " ' " .', ,'. I certify to the best or ., knowledge and belief that th~ Itate.entl and opinions c~ntftinpd in IY appraisal report and in this 8uaaar, Ire correctj that I have no present or conte.plated future interest in the property apprai8pdi and DPither th~ amount of IY fee Dor ,y employ.ent is contingent upon the amount of value reported ~ dtra{1 ';.. . .,~,:,: ...' "':.,' , , ", '.1 . ", " , '. , ..., . ,i~'.:~ . \','~~... , ',( . ..~ ,,' ~., , e' . . 4It ASSUMPTIONS AND LIMITING CONDITIONS 1. The date of value to which the conclusions and opinions expressed in this report apply, is set forth in the letter of transmittal. Further, the dollar amount of any value opinion rendered in this report is based upon the purchasing power of the American dollar existing on that date. 2. The Appraiser assumes no responsibility for economic or physical factors which may affect the opinion in this report which Occur after the date of the letter transmitting the report. 3. The information furnished by others is believed to be reliable. However, no warranty is given for its accuracy. 4It 4It 4. The Appraiser reserves the right to make such adjustments to the analyses, opinions and conclusions set forth in this report as may be required by consideration of additional data or more reliable data that may become available. 5. No opinion as to title is rendered. Data related to ownership and legal description was obtained from county records and is considered reliable. Title is assumed to be marketable and free and clear of all liens, encumbrances, easements and restrictions except those specifically discussed in the report. The property is appraised assuming it to be under responsible ownership and competent management, and available for its highest and best use. 6. The Appraiser assumes no responsibility for hidden. or unapparent conditions of the property, subsoil, or structures that render it more or less valuable. No responsibility is assumed for arranging for engineering studies that may be required to discover them. 7. The property is appraised assuming it to be in full compliance with all applicable federal, state, and local environmental regulations and laws, unless otherwise stated. 8. The property is appraised assuming that all applicable zoning and use regulations and restrictions have been complied with, unless otherwise stated. 9. The property is appraised assuming that all required licenses, certificates of occupancy, consents, or other legislative or administrative authority from any local, state, or national government or private entity or organization have been or can be obtained or renewed for any use on which the value estimate contained in this report is based, unless otherwise stated. 2 - , \ t I l e ,,~ . . ASSUMPTIONS AND LIMITING CONDITIONS (Continued) 10. No engineering survey has been made by the Appraiser. Except as specifically stated, data relative to size and area was taken from sources considered reliable and no encroachments of real property improvements is considered to exist. 11. No opinion is expressed as to the value of surface oil, gas or mineral rights or whether the property is subject to surface entry for the exploration or removal of such materials except as is expressly stated. 12. Maps, plats and exhibits included in this part are for illustration only as an aid in visualizing matters discussed within the report. They should not be considered as surveys or relied upon for any other purpose, nor should they be removed from, reproduced, or used apart from the report. 13. No opinion is intended to be expressed for matters which require legal expertise or specialized investigation or knowledge beyond that customary by aea1 Estate Appraisers. 14. The distribution, if any, of the total valuation in this report between land and improvements applies only under the stated program of utilization. The separate allocations for land and buildings must not be used in conjunction with any other appraisal and are invalid if so used. 15. That possession of this report, or a copy of it, does not carry with it the right of publication. It may not be used for any purpose by any person other than the party to whom it is addressed without the written consent of the Appraisers, and in any event only with proper written qualifications and only in its entirety. 16. The signatory herein shall not be required to give testimony or attend court or be at any governmental hearing with reference to the said property unless prior arrangements have been made with the client. 17. Unless specifically stated, this appraisal does not take into consideration the possibility of the existence of asbestos, PCB transformers, or other toxic, hazardous, or contaminated substances and/or underground storage tanks (hazardous material), or the cost of encapsulation or 3 . .. ... IDI .. IBI IBI III - -- - -. IQ .. .. .. ~ . . . ASSUMPTIONS AND LIMITING CONDITIONS (ContinUed) removal thereof. Should client have concern Over the existence of such substances on the Property, the Appraiser considers it imperative for client to retain the services of a qualified, independent engineer or contractor to determine the existence and extent of any hazardous materials, as well as the cost associated with any required or desirable treatment or removal thereof. 18. The area calculations used in this report were based Upon the subdivision parcel map, the Assessor's parcel Map, and a personal field survey. The accuracy of these measurements cannot be guaranteed, and the Appraiser recommends a survey by a licensed surveyor to ascertain accurate measurements. The Appraiser reserves the right to modify this appraisal if a Subsequent survey by a licensed surveyor indicates different measurements. 4 , -- II , II II = ^'~~"" . . QUALIFICATIONS OF PHILLIP GOTTFRIED Phillip Gottfried is currently a prin~ipal of the firm Gottfried, Gamble and Associates, Inc., professional real estate appraisers and consultants. Gottfried, Gamble and Associates, Inc. formed in 1985, and is located at 2151 East "0" Street, Suite 115e, ontario, California 91764. Mr. Gottfried entered the real estate appraisal profession in 1971 with the firm of Joseph J. Blake and Associates, Inc. , a New York based cOlllpany that is one of the largest in the appraisal field. Professional Affiliations Member - American Institute of Real Estate Appraisers (MAl Designation) Member - National Exam Grading Subcommittee, American Institute of Real Estate Appraisers Member - Admissions COmmittee, Southern California Chapter No.5, American Institute of Real Estate Appraisers (1986 - 1988) Member - American Society of Appraisers Member - International Right-of-Way Association Member - National Association of Review Appraisers and Mortgage Underwriters C.R.A. Designation Affiliate Member - West San Bernardino County Board of Realtors Education Dowling College Oakdale, New York Bachelor of Business Administration Degree Suffolk COunty COmmunity College Associate in Arts Degree 1 ~ 1_ III . .. III ; .- ',,:., . . QUALIFICATIONS OF PHILLIP GOTTFRIED, MAl (Continued) Appraisal Education College: Business Law I and II Planning Theory Money and Banking Principles of Finance American Institute of Real Estate Appraisers: Course IA: Basic Appraisal Principles, Methods and Techniques Course IB: Capitalization on Theory and Techniques Course VI: Investment Analysis Exam 2-2: Report Writing and Valuation Analysis Standards of Professional Practice Exam S.P.P.: Society of Real Estate Appraisers: Course 201: Principles of Income Property Appraising Employment 1971 - 1985: Joseph J, Blake and Associates, Inc. Los Angeles, California Position: Assistant Vice President 1985 - Present: Gottfried, Gamble and Associates, Inc. Ontario, California Position: Principal Mr. Gottfried has qualified as an expert witness for the Superior Court of San Bernardino County, California, Supreme Court of New York State, and Superior Court of the State of New Jersey. Mr. Gottfried is a Qualified Fee Appraiser for the State of New York, having successfully completed a competitive written examination given by the New York State Department of Transportation. He is also a qualified Real Estate Appraiser for the New Jersey Depart- ment of Transportation. 2 , . . e NOTICE OF HEARING NOTICE IS HEREBY GIVEN that the Community Development Commission of the City of San Bernardino will hold a hearing on January 3, 1990 at 11:00 a.m., or as Soon thereafter as Possible at the San Bernardino City Hall, located at 300 North 0 Street, (Council Chambers>, San Bernardino, California. The purpose of this hearing Is to consider the adoption of a resolution of necessity to acquire, by the exercise of the power of eminent domain, fee Interest In a certain parcel of real property for general community redevelopment purposes and the elimination of blight, deterioration and functional obsolescense In the Southeast Industrial Park Project Area and specifically for the revitalization of a certain parcel of property within the Southeast Industrial Park Project Area by the construction of a parking lot and related facilities. A legal description of the property sought to be acquired for this purpose Is attached hereto and Incorporated herein by this reference on Exhibit A. e You have the right to appear before the Board of Directors of the Agency personally and to be heard on the matters which are referred to In Section 1240.030 of the Code of Civil Procedure: 1. The public Interest and necessity require the project; 2. The project Is planned or located In a manner that will be most Compatible with the greatest public good and the least private Injury; and 3. The property sought to be acquired Is necessary for the project. IN ORDER FOR YOU TO EXERCISE YOUR RIGHT OF APPEARANCE AND YOUR RIGHT TO BE HEARD, you MUST FILE A WRITTEN REQUEST TO APPEAR AND BE HEARD NITH THE EXECUTIVE DIRECTOR OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO (300 N. 10010 STREET, SAN BERNARDINO, CA 92418>. WITHIN FIFTEEN CIS) DAYS AFTER THIS NOTICE IS MAILED TO YOU. FAILURE TO PRESENT YOUR REQUEST TO APPEAR AND BE HEARD WILL RESULT IN A NAIVER OF YOUR RIGHT TO APPEAR AND YOUR RIGHT TO BE HEARD. DATED: . 1989 By , Secretary Community Development Commission of the City of San Bernardino e 2522H