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Home My WebLink About19- Public Works File No.: 15.05-214 CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: ROGER G. HARDGRAVE Subject: Resolution Determining Fair Market Value, Dept: Public Works /Engineering " Setting a Public Hearing and Authorizing �� q R Execution of Right of Entry --- Sale of City Date: November 20, 1997 ++ Property to the State of California---West of Walkinshaw Street, North of Valley Street. Synopsis of Previous Council Action: 02-03-92—Resolution No. 92-38 was adopted, accepting a Quitclaim Deed for property generally located West of Walkinshaw Street,North of Valley Street. 10-06-97—Authorization to Proceed was given for sale of City property located West of Walkinshaw Street, North of Valley Street. NOV Recommended Motion: Adopt Resolution. cc: Fred Wilson, City Administrator Barbara Pachon, Director Of Finance Jim Penman, City Attorney nature Contact Person: Les Fogassy Phone: 5026 Supporting data attached: Staff Report, Resolution Ward: 3 FUNDING REQUIREMENTS: Amount: None Source (Acct. No.) N/A (Acct. Description) N/A Finance: Council Notes: Res 97- �a �s 12-15-97 Agenda Item No. / _ A ~ C17"t OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT This property was acquired by the City as a result of a Gift Deed by Quitclaim from the owners of the property in 1992. The two parcels are remnant pieces of land that resulted from the construction of the freeway (now I-215). Even though total land is 9,967 square feet in size, it is not developable due to its narrow width of 30 feet and its highest and best use is open space. The State of California Department of Transportation would like to acquire this land from the City for the purpose of widening the 1-215 freeway, and has presented the City with an offer to purchase the property for $1500. Staff has reviewed the data submitted by the State in determining this value and concurs with their valuation. Competitive Bids for the proposed sale are not required, since the property is proposed to be sold to another public agency. However, before the property may be sold, a public hearing must be held relative to the sale. The State needs to certify the right of way that will be needed for this project and has informed us that they would need to do this by December 31, 1997, in order to begin construction in a timely manner. Since the close of escrow, if the sale is approved, would be beyond that date, the state has asked for a right of entry, which will terminate either upon close of escrow or denial of the sale, in which case the State would initiate eminent domain proceedings. We recommend that the attached resolution determining fair market value, setting a public hearing and authorizing execution of a right of entry be approved. f2 4.0 POR. LOT 17 7 � 1 3 4 n SLK. 12 R.S.H. rr Dl - cn ro 1 s 9 b 13 g r5 100' 40 - 14 �o CENTRAL) ' �, � : �:. .'t �::` ;•::; _. '}' - -- r�. -15 - - O cry i r 3 3Oz D 1 !3 16 m- - - 2r 34 0 0 2 rz 17 32 31 PP,, rPTl TO BE - 20 35 SOLD rr f8 2 22 6 rs 36 25 ro 19 39 40 _ re 3 7 �6 15 2 0 20 0 2f !i r7 38 23 ENOERSON ! N LVALLEY 17 15 14 4 18 A cT-c�ET 19 ,.,e 1� 22 23 20 rs Q j SAOt,E �" ® � �■ y S`"11 ,, ;,��■.� 11111 „Y, - e� !�■��.__, 111 �'�'��111111 ��"iii I�I��Y■ ■�■I _ � � �Y■�Y,� •rr s.. e. ` CII■11..:..1■� \� �■ �� "_.� • . 1111■..■■� '■ ♦� ,.. ^ , -�� ■, ■ ■ ll ,Nam MM loam o"Wr; ' 1iiC�::17 �C�i111 ■EIYY: _■ _ _® o ®® AG 1 YIII� Yp ...qtr„IM lwzy ill IN ZEN �Y�� /lll�� 11`111 '�tr�■�: � ' 1111. _ � ��= rc ■ N-Iffin. ::111w SWOONS Mill! r EXHIBIT "A" A PORTION OF LOTS 7 TO 10, INCLUSIVE, AND LOTS 23 TO 28, INCLUSIVE, OF WALKINGSHAW SUBDIVISION, AS PER MAP RECORDED IN BOOK 24, PAGE 40 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAN BERNARDINO COUNTY, SAID PORTION DESCRIBED IN INSTRUMENT #92-055208 RECORDED FEBRUARY 14,- 1992, RECORDS OF SAID COUNTY. 08—SBd-215-6. 6-15968 (15968-1) TIUS real property description has been prepared by me.at unda my direction,in conformance with the ProfdsiocW Land Surveyors Act Sipature apt O� � 9L Date 3/Z7 1 a s Dora.,► EXHIBIT"A" * PLS GM N wobw `�► 9410.2= OP cA '0 STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION RIGHT OF ENTRY -- LONG FORM Date: November 20, 1997 08-SBd-215-6.6 Parcel No. 15968 E.A. 007119 Mr. S. Lisiewicz District Director of Transportation State of California Department of Transportation District 8 464 West 4th Street, 12th Floor San Bernardino, CA 92401-1400 Dear Mr. Lisiewicz: Permission is hereby granted to enter upon our land, located west of Walkinshaw Street in the City of San Bernardino, APN 0136-081-14, for the purpose of constructing or improving a public highway and accomplishing all necessary incidents thereto. It is understood that this permission is not a waiver in any way of the right of compensation for such land or of any remedy authorized by law to secure payment therefor. This permission is granted in consideration of the location, improvement and construction of such highway and incidents thereto, which it is understood is required by the State of California, Department of Transportation, with the understanding that you will hereafter without unnecessary delay, negotiate with the undersigned, and any other person, if any, having any right, title or interest in said property, to agree upon terms of compensation and that, if any agreement cannot be reached you will promptly commence eminent domain proceedings, including a deposit of funds to support an Order for Possession, to have such a compensation determined. Mr. S. Lisiewicz District Director of Transportation State of California Department of Transportation November 20, 1997 Page 2 Section 1245.235 of the Code of Civil Procedure requires the State of California, Department of Transportation, to give each person whose property is to be acquired by eminent domain notice and a reasonable opportunity to appear before the California Transportation Commission and be heard on the matters referred to in Section 1240.030 of the Code of Civil Procedure, which provides: The power of eminent domain may be exercised to acquire property for a proposed project only if all of the following are established: (1) The public interest and necessity require the project. (2) The project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury. (3) The property sought to be acquired is necessary for the project. (4) The offer required by Section 7267.2 of the Government Code has been made to the owner or others of record. (If an offer has not been made an appraisal will be prepared as soon as practical and an offer made of the full amount of such appraisal.) By granting this Right of Entry to the State of California, Department of Transportation, we hereby waive our right to appear and be heard on the matters referred to in Section 12140.030 of the Code of Civil Procedure, as quoted above. Mr. S. Lisiewicz District Director of Transportation State of California Department of Transportation November 20, 1997 Page 3 We agree that the State can establish the truth of the above-quoted matters, and we will not contest the adoption of a Resolution of Necessity by the California Transportation Commission. Therefore, because Section 1245.250 of the Code of Civil Procedure states that the adoption of a Resolution of Necessity by the California Transportation Commission conclusively establishes the matters quoted above, it is understood that the issues which will be determined in any subsequent eminent domain proceeding will be limited to those of just compensation as they relate to the property covered by this agreement and no issues will be raised therein or in preliminary proceedings thereto challenging the public use or necessity of the project, or the utilization therefor of the property covered by this right of entry. Approved as to form and legal content: CITY OF SAN BERNARDINO JAMES F. PENMAN City Attorney By: By: RECOMMENDED FOR APPROVAL: ACCEPTED: By STATE OF CALIFORNIA MAURICE RODRIGUEZ DEPARTMENT OF TRANSPORTATION Right of Way Agent By By BARBARA BAERNSTEIN, Chief LINDA L. WILFORD Acquisition Branch Right of Way Manger, D-8 Southern Region Date