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Home My WebLink About12-development Services OR''''''AL \ I C I.J CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION Date: February 11,2009 Subject: Authorization to Proceed - Sale of a portion of City Water Department property generally located at the intersection of Foothill Drive and Sterling Avenue, and Resolution declaring property surplus, establishing fair market value and setting a public hearing. From: Valerie C. Ross, Director Dept: Development Services File: 15.05-264 MCC Date: March 16,2009 Synopsis of Previous Council Action: None. Recommended Motion: I. That the Director of Development Services be authorized to proceed with the sale of City Water Department property generally located at the intersection of Foothill Drive and Sterling Avenue, and being a portion of APN 0155-361-25. AND 2. Adopt Resolution. ~tf,?}1Y Valerie C. Ross Contact Person: Ryan Sandoval Phone: 5226 Supporting data attached: Staff Report, Maps, Memo, Reso Ward(s): 4 FUNDING REQUIREMENTS: Amount: None Council Notes: Source: (Acct. No.) N/A Acct. Description: N/A Finance: &50 2009- 50 Agenda Item No. J:J.. 3 -/6-c:I1 CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION STAFF REPORT Subiect: Authorization to Proceed - Sale of a portion of City Water Department property generally located at the intersection of Foothill Drive and Sterling Avenue, and Resolution declaring property surplus, establishing fair market value and setting a public hearing. Backl!round: On October 21,2008, the City of San Bernardino Municipal Water Department Board of Water Commissioners ("Board"), declared .03 acres of Water Department property as surplus property, generally located at the intersection of Foothill Drive and Sterling A venue, and being a portion of APN 0155-361-25. The City acquired the 168.73-acre site through a Land Patent from the United States Government in April 1974 for City Water Department use. The site is currently being used as a water reservoir and is located in the foothills of the San Bernardino mountains. Due to the natural hilly terrain, there is a large slope along the southeasterly portion of the property. The base of the slope is directly adjacent to the residence located at 2028 Foothill Drive. This portion of land is difficult to maintain due to the natural slope and poses a liability to the Department due to a past experience with flooding onto private property. The property owner of the residence, Michael McNally, has requested the property be deeded to him from the Water Department for the purpose oflandscaping and maintaining this portion ofthe slope that abuts his property. Since this portion of the slope is of no use to the Water Department, it was recommended by the Board to declare the property as surplus and to sell the surplus area to the adjoining property owner. The property owner is agreeable to the purchase. The surplus property is 0.03 acres and consists of approximately 1,114 square feet of sloping land, and is shown more specifically on the attached plat map. Due to the size and location of the slope, the Board also recommended a determination of a nominal value of $500. 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 Land Patent that conveyed the property to the City had reservations to the United States for ditches and canals, but did not contain any restrictions on the sale of the land or any portion of the land. The attached resolution declares the property surplus, establishes the nominal value of $500 as the fair market value, and sets a public hearing for April 20, 2009, relative to the proposed sale. At the close ofthe hearing, a resolution approving the sale and approving a Sales and Purchase Agreement will be submitted for your consideration. Notice ofthe hearing will be published and posted as required by law. 2 Financial Impact: All net sales proceeds will go to the San Bernardino City Municipal Water Department. The buyer 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 Board of Water Commissioners Staff Report and memo of Board action Resolution 3 LOCA TION OF CITY WA TER DEPARTMENT PROPERTY Base Line SI. 5th St. Centra Ave. ci " . ~ ~ . ~ ~ F MiIISt. Orange how Rd. ., . 10 Jf VICINITY MAP 'W NO SCALE :J . CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT REAL PROPERlY SECTION Proposed Sale of a portion of City Water Department property generally located at the intersection of Foothill Dr. and Sterling Ave. (ptn of APN 0155-361-25) ~ indicates un-incorporated areas within City's ~ Sphere of Influence Created by: Ryan Sandoval Date: 2/11/2009 SCAlE: '.=500' NW CON. SEe. 19 SHEET 1 OF 2 N 1/~ COR. ste. 19 N88"U'12"W 2692.69' lJ~2.68' lJ2aOO' 1 1 1 I SEe. 19, T.1N., R.JW., S.B.M. 1 J GOVT LOT 5 1 1 PARCEL 2 CERTIfiCATE OFlcoMPLWYa" NO. 2005-~ INST. NO. J 2005-028J#U, OR. ~ N59'IJ'2~"W <al (~-22-2005) ...: ~ 295.00' i:~ E 1/2, NW 1/4, ~ ~ ",Ie;>; SECTION 19 '" - - - - - - - - - - - - ~ ~ CERTIFlCATE OF COMPlIANCE it< <a~ ~I DOC. NO. OHOU01, O.N. .:!:l ~::':O-I ~. <s- ~I l>l ~~ ~: ~ ~ 1 l'f..:O- 1 lfi':J ~~ 1~':J:~':J'oo' ~~ Jla 00 , NB9"50'II"W I'.. l() ~ -- -- c) < I- () "'C ~ PARCEL 1 \.'J. l2 ~ ..... N~ ~ !'<<... ~"' ___"'" :!:l ,- ... , "\/ SEE SHEET 2 I I I I I GOVT LOT 6 ~ ~ "" 1266.07' NB9"50'''"W 2716.7~' CENTER SEe. 19 ~l Bj : \ ~I\!:: _,~ ~I-.: I'~ ?i:! ~ ~ U NZY liNE RANCHO AflJSCAPIABE SEE SHEET 2 FOR COURSE TABLE NOTE: BEARINGS AND OISTANCES SHOWN HEREON ARE BASED ON CERflFlCATE OF COMPLIANCE Na 2005-00<1, INST. NO. 2005-028J~8~, aN., ~-22-2005. OF: e. HlllWIC, PLS 51J7 EXP. 06/JO/09 NZY liNe RANCHO IJUSCAPIABE COURSE TABLES DISTANCE 9-1.95' 199.58' 289.81' 50.81' 210.1S' 266.2-1' SCAlE: 1"=60' ~ t .~~ .... . ~~ ~Qj N-IO".J-I '00 "IY 23.21' PARCEL ! ~ ...,- ;:oo.~ ;g~ ~- ::i: ) ~ ~ ~ it! ~ v; ~ LINE L1 l2 l3 U lS l6 BEARING 589'SI'o3"[: SS1'13'OO"IY S-I6'31 '.I9"W S-I9'-II'J-I"IY NU"S8'OO"t NI1"5J'OO"IY SHEET 2 or 2 d./.: 'I,~'!i ~~ - - - - INDICATES lOT LINE 6"'J' ~ TO 8E /JElETEO S~ NOTE: BEARINGS AND OISTANCES SHOWN HEREON ARE WED ON CERnflCATE or COMPlIANCE NO. 200S-()(H, INST. NO. 2005-0283#1-1, O.H., -I-22-2OOS. ~ '" - - PARCEL 2 ~ ~ ~ ~ CERnflCATE OF COMPlIANCE NO. 2OOS-()(H INST. NO. 2{)()5 -0283#1-1, 0.H. (-I-22-2{)()5) NE COR. INST. NO. 86-1881-13, O.H. (1-1S-1986) POB WT EKCEPTION) NW COR. INST. NO. 86-1881-13, O.H. (1-1S-1986) 1266.01' - N89'SO'I1"IY 2116.1-1'- LOT 6 INST. NO. 86-1881-1.J. 0.H. (1-1S-1986) MB 8/80 ,0\1'0- P>\:'1I.1\" S",...C> . CURVE Cl C2 C3 C-I CS RAlJ/US 1030.00' 1030.00' 910.00' 910.00' 1030.00' /JEiTA 01"5-1'00" I1"S6 '59" 01"-Is'32" 0706'-1-1" 1706'26" ARC 1-12.02' 322.68' 29.18' 35.16' 217.6S' CITY OF SAN BERNARDINO MUNICIPAL WATER DEPARTMENT INTEROFFICE MEMORANDUM TO: Les Fogassy, Real Property FROM: Sydney Morrison, Senior Administrative Coordinator SUBJECT: DECLARATION OF SURPLUS PROPERTY - .03 ACRES OF A PORTION OF WATER DEPARTMENT PROPERTY LOCATED ADJACENT TO 2028 FOOTHILL DRIVE (APN 0155-361-25) DATE: November 18,2008 The Board of Water Commissioners, at their regular meeting held on Tuesday, October 21, 2008, unanimously voted to: 1. Declare .03 acres of property located at the southerly property line of the Water Department's property at the intersection of Foothill Drive and Sterling Avenue (APN 0155-361-25) as surplus to the needs of the Department; Recommend to the Mayor and Common Council that the property be declared surplus; and fix the sales price at $500.00. 2. Approve the sale between City and Mr. Michael McNally and authorize staff to submit the necessary information to the Mayor and Common Council to declare the property surplus and sell the property to Mr. Michael McNally per Section 2.65.020 of the San Bernardino Municipal Code for the amount of $500.00. This item was approved by the following vote to wit: AYES: NAYS: ABSENT: Commissioners Callicott, Cocke, Battey, Fernandez None Commissioner Miller Should you have any questions, I can be reached at ex!. 3499. Thank yo Jh; Sy ey Morrison Senior Administrative Coordinator. ." J# .~ :g CITY OF SAN BERNARDIN MUNICIPAL WATER DEPARTM f5)1E~1E~W1[E~ lJ11 SEP 3 0 2008 1YJ N BOARD OF WATER COMMISSIONERS STAFF REPORT SBMW.O. CENERAL MANAGER TO: Stacey R. Aldstadt, General Manager FROM: Matthew H. Litchfield SUBJECT: DECLARATION OF SURPLUS PROPERTY - .03 ACRES OF A PORTION OF WATER DEPARTMENT PROPERTY LOCATED ADJACENT TO 2028 FOOTHILL DRIVE DATE: September 24, 2008 /j31f. COPIES: Bill Hemsley (w/o attach), Tennie Lundy (w/attach), Sydney Morrison (w/attach), Sally Duran (wi attach) BACKGROUND: Water Utility Division of the San Bernardino Municipal Water Department (Department) is requesting Board of Water Commissioners (Board) declaration of surplus property for a small portion of Department property (APN 0155-361-25) located at the intersection of Foothill Drive and Sterling Avenue. The surplus portion of land consists of approximately 1,114 square feet (.03 acres) of sloping land adjacent to the residence located at 2028 Foothill Drive. The land is difficult to maintain due to the natural slope of the terrain and poses a liability to the Department due to past experience with flooding onto the private property at 2010 Foothill Drive. The property owner of 2028 Foothill Drive, Mr. Michael McNally, has requested the property be deeded over to him and will assume the maIntenance responsibility of this 1,114 square feet. Mr. McNally would like to maintain the property as a greenbelt to mitigate the risk of a wildfire reaching his home. (Mr. McNally lost his home during the fires of 2003.) A copy of the current legal descriptions, proposed new legal descriptions, and plat is attached as Attachment A. Furthermore, the Ciry of San Bernardino Redevelopment Agency (RDA) has entered into a Disposition and Development Agreement (DDA) with Watson-Westridge, LLC (Developer) pursuant to which the RDA will, simultaneously with its purchase of the Department's property, sell this property and the RDA properry to the Developer for future residential development. Since the property per the DDA is currently in escrow, Staff contacted the Developer for their concurrence on the surplus declaration and property line adjustment. The Developer concurs with Staffs recommendation and agrees that the lot line adjustment will not adversely affect the ability to develop the property in the future per Attachment B. -~ :.J' Agenda Item ~ ." , ;.'SiJ Stacey R. Aldstadt, General Manager Page 2 September 24, 2008 SUBJECT: DECLARATION OF SURPLUS PROPERTY - .03 ACRES OF A PORTION OF WATER DEPARTMENT PROPERTY LOCATED ADJACENT TO 2028 FOOTHILL DRIVE Staff has determined the fair market value of this parcel to be a nominal $500.00 based on the following criteria: . The parcel is no longer needed by the City or Department for its intended use nor any other City use. . Due to its size and location, the highest and best use of the property is to the surrounding property . . The added value to the surrounding property is of minimal value since the City parcel is not needed for access to the surrounding parcel, but does allow for a more unrestricted use of the surrounding property. Comparable sales would not be applicable to this parcel based on the above criterion. ) RECOMMENDATION: It is recommended that the Board of Water Commissioners consider rhe following motion: . Declare .03 acres of property located at the southerly property line of the Water Department's property at the intersection of Foothill Drive and Sterling Avenue (APN 0155-361-25) as surplus; recommend to the Mayor and Common Council that the property be declared surplus; and fix the sales price at $500.00. . Approve a sale between City and Mr. Michael McNally and authorize staff to submit the necessary information to the Mayor and Common Council to declare the property surplus and sell the property to Mr. Michael McNally per Section 2.65.020 of the San Bernardino Municipal Code for the amount of $500.00. Respectfully submitted, Matthew . Ll field, P.E. Director, \XI ater Utility MHL:S\'V'L:swd Attach. \Xi: \ WU:\dminisrrat.ion\BoarJ Mcmo~\~fcNall}' Dccbration Surplus Propert)' Rd rdcmo 1O-1-()RJoc II ,I 'I Ii (CCQJrv 1 RESOLUTION NO. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING FAIR 3 MARKET VALUE AND MINIMUM SALE PRICE FOR A PORTION OF CERTAIN CITY WATER DEPARTMENT OWNED PARCEL OF REAL PROPERTY 4 GENERALLY LOCATED AT THE INTERSECTION OF FOOTHILL DRIVE AND 5 STERLING AVENUE, AND SETTING A PUBLIC HEARING FOR APRIL 20, 2009, AT 4:00 P.M. TO CONSIDER SAID SALE. 6 Water Department, generally located at the intersection of Foothill Drive and Sterling Avenue, in the City of San Bernardino, State of California, being a portion of the parcel of land referenced as Assessor's Parcel Number 0155-361-25, and more fully described in Exhibit "A", attached hereto and made a part hereof; and 13 14 WHEREAS, the Mayor and Common Council of said City find and determine that there 15 is no necessity for the City's ownership of said real property; and 16 17 interest of the City that said parcel of real property be disposed of at fair market value; and 18 19 WHEREAS, the Mayor and Common Council of said City believe it is in the best WHEREAS, City staff have estimated a fair market value of the parcel at Five Hundred Dollars ($500.00); and 20 21 WHEREAS, the adjacent property owners to this parcel have expressed a desire to 22 purchase said real property; and 23 WHEREAS, pursuant to Section 2.65.030 of the San Bernardino Municipal Code, City ~-/6-Dar :d' I~ 03/11/2009 1 RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING FAIR MARKET VALUE AND 2 MINIMUM SALE PRICE FOR A PORTION OF CERTAIN CITY WATER DEPARTMENT OWNED PARCEL OF REAL PROPERTY GENERALLY LOCATED AT THE INTERSECTION OF FOOTHILL 3 DRIVE AND STERLING AVENUE, AND SETTING A PUBLIC HEARING FOR APRIL 20, 2009, AT 4:00 P.M. TO CONSIDER SAID SALE. 4 5 6 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 City 7 owned real property, generally located at the intersection of Foothill Drive and Sterling A venue, 8 in the City of San Bernardino and same is hereby declared as surplus real property. 9 10 SECTION 2. It is therefore the intention of the Mayor and Common Council ofthe City 11 of San Bernardino to sell said real property to the adjacent property owner. 12 SECTION 3. The Mayor and Common Council do hereby find and determine that the 13 Fair Market Value of this parcel is Five Hundred Dollars ($500.00). 14 SECTION 4. The Mayor and Common Council of the City of San Bernardino do hereby 15 16 17 18 19 set a public hearing to be held on April 20, 2009, at 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 5. Notice of the public hearing shall be published in The San Bernardino 20 County Sun, a newspaper of general circulation, at least once prior to the public hearing and shall 21 22 23 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 24 received at or prior to the public hearing. Written protests may also be submitted to the City 25 26 27 28 Clerk's Office, City Hall, 300 N. "D" Street, San Bernardino, California, prior to the public hearing. 03111/2009 2 1 RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING FAIR MARKET VALUE AND MINIMUM SALE PRICE FOR A PORTION OF CERTAIN CITY WATER DEPARTMENT OWNED 2 PARCEL OF REAL PROPERTY GENERALLY LOCATED AT THE INTERSECTION OF FOOTHILL 3 DRIVE AND STERLING A VENUE, AND SETTING A PUBLIC HEARING FOR APRIL 20, 2009, AT 4:00 P.M. TO CONSIDER SAID SALE. 4 SECTION 7. It is the intent of the Mayor and Common Council to consider and 5 approve said sale at the public hearing, said property more particularly described herein. 6 7 II 8 II 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 03/11/2009 3 1 RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING FAIR MARKET VALUE AND MINIMUM SALE PRICE FOR A PORTION OF CERTAIN CITY WATER DEPARTMENT OWNED 2 PARCEL OF REAL PROPERTY GENERALLY LOCATED AT THE INTERSECTION OF FOOTHILL 3 DRIVE AND STERLING AVENUE, AND SETTING A PUBLIC HEARING FOR APRIL 20, 2009, AT 4:00 P.M. TO CONSIDER SAID SALE. 4 5 Common Council of the City of San Bernardino at a I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and meeting thereof , 20_, by the following vote, to NAYS ABSTAIN ABSENT 10 ESTRADA 11 BAXTER 12 BRINKER 13 14 (VACANT) 15 KELLEY 16 JOHNSON 17 MCCAMMACK 18 19 20 City Clerk 21 The foregoing resolution is hereby approved this day of ,20_ 22 23 24 25 Approved as to Form: 26 27 PATRICK J. MORRIS, Mayor City of San Bernardino 03111/2009 4