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File No. 15.02-1081
CITY OF SAN BERN. MINO - REQUEST F R COUNCIL ACTION
From: ROGER G. HARDGRAVE, Director Subject: Determination of Amended Fair Market
Value and Authorization of Payment for
Dept: Public Works/Engineering Right of Way Acquisition and related
costs --- Northwest corner of 40th St.
Date: August 17, 1993 and Acre Lane.
Synopsis of Previous Council action:
10-21-91 -- Allocation of $40,000 approved for acquisition of right of way.
11-18-91 -- Resolution 91-464 adopted authorizing execution of Cooperative Agreement
with County.
04-24-92 -- Resolution 92-145 adopted authorizing execution of Cooperative Agreement
with County and rescinding Resolution No. 91-464.
June, 1992 - Allocation of $92,400 approved in 1� Cent Sales Tax 1992/93 Budget under
Acct. No. 129-309-57843.
10-19-92 -- Resolution 92-403 adopted determining fair market values and authorizing
payment.
12-21-92 -- Resolution 92-471 adopted amending Resolution 92-403, adjusting fair
market values.
05-10-93 -- Negative Declaration was adopted and finding made that the widening of 40th
Street between Acre Lane and 3rd Ave is consistent with the circulation
element of the General Plan.
Recommended motion:
ADOPT RESOLUTION
i
cc: Shauna Clark, City Administrator Signa
Fred Wilson, Acting Director of Finance
James Penman, City Attorney -
Contact person: Les Fogassy Phone: 5334
Supporting data attached: Staff Report, Resolution Ward: 4
FUNDING REQUIREMENTS: Amount: S 23,298.00
Source: (Acct. No.) 129-309-57843 (Ij Cent Sales Tax Fund)
Acct. Description) 40th St. Right—of—W - 3rd Ave
to Acre Lane Finance:
Council Notes:
75-0262 Agenda Item No.—��
CITY OF SAN BERN41DINO - REQUEST Fok COUNCIL ACTION
STAFF REPORT
The attached Resolution determines a new market value for a portion of the parcel
of land located on the Northwest corner of 40th Street and Acre Lane as a result
of a reduction in the right of way needed for this project and it is recommended
that the Resolution be adopted.
On April 24, 1992, Resolution No. 91-145 was adopted authorizing the execution of
a Cooperative Agreement with the County of San Bernardino, relative to right of
way acquisition and the widening of 40th Street from 3rd Avenue to Acre Lane. The
City's share of right of way acquisition was estimated at $132,000.
The City sent out Requests for Proposals for appraisal services and the services
of Donald A. Cox were retained. The total market value of the portion of the four
parcels needed for right of way was valued at $46,226 and on October 19, 1992,
Resolution No. 92-403 was adopted determining the fair market value amounts and
authorizing payment. Certain improvements were not included in the additional
appraisal, and the appraisal was amended and on 12-21-92, Resolution No. 92-471
was adopted, amending the fair market value to $54,086 for the four parcels.
On 05-10-93, the Negative Declaration for this project was adopted and a finding
made that the project is consistent with the circulation element of the General
Plan.
The amount of right of way needed for this project from the parcel located on the
Northwest corner of 40th Street and Acre Lane has been reduced by approximately
515 square feet. This reduces the fair market value from $25,025.00 to
$23,298.00 and it is recommended that the attached resolution, determining this
new value, be adopted.
8-17-93
75-0264
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1 RESOLUTION
2 RESOLUTION OF THE CITY OF SAN BERNARDINO ACCEPTING THE MODIFIED
DETERMINATION OF FAIR MARKET VALUE OF THE LAND LOCATED ON THE NORTHWEST
3 CORNER OF 40TH STREET AND ACRE LANE, IN THE CITY OF SAN BERNARDINO,
CALIFORNIA, CERTIFYING THE WORK OF THE APPRAISER AND AUTHORIZING PAYMENT IN
4 THE AMOUNT OF TWENTY-THREE THOUSAND TWO HUNDRED NINETY-EIGHT DOLLARS
($23,298) FOR THE PURCHASE OF SAID LAND.
5
6 WHEREAS, the City of San Bernardino is contemplating the purchase of
7 portions of land located on the Northwest corner of 40th Street and Acre
8 Lane, in the City of San Bernardino for street widening purposes; and
9 WHEREAS, Margaret Mowatt Petersen is the owner of said parcel of land
10 described below; and
11 WHEREAS, on the 21st day of December, 1992, Resolution No. 92-403 was
12 adopted, determining the fair market value of $25,025.00 for this parcel;
13 and
14 WHEREAS, the City has determined that a lesser amount of right of way
15 is now required for this project and has reviewed the Appraiser's modified
16 determination of fair market value of the land and his report thereon, based
17 upon the reduced acquisition.
18
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
19 BERNARDINO AS FOLLOWS:
20
SECTION 1. That said parcel of real property, or portions thereof is
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described in full in the attached Exhibit "A" , attached hereto and
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incorporated by reference as though fully set forth in length.
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24 SECTION 2. It is hereby determined, based upon the appraiser's report
submitted herewith, to have a fair market value of $23,298, and said amount
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26 is hereby established as fair market value for said parcel.
27 SECTION 3. The City of San Bernardino does hereby certify that the
28 work of the Appraiser, as modified, with respect to the parcel of real
08-17-93
RESOLUTION OF THE CITY OF SAN BERNARDINO ACCEPTING MODIFIED DETERMINATION OF
FAIR MARKET VALL' 7OR CERTAIN REAL PROPERTY LOCAT— ON THE NORTHWEST CORNER
OF 40TH STREET ANij ACRE LANE.
1 property has been performed in a competent manner in accordance with the
2 applicable State Laws and the policy requirements of the City of San
3 Bernardino.
4 SECTION 4. The City of San Bernardino is hereby authorized to make
5 payment for the herein described property in the amounts as set forth in
6 Section 2 above and to do all things necessary the complete said
7 acquisition.
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08-17-93 -2-
RESOLUTION OF THE CITY OF SAN BERNARDINO ACCEPTING MODIFIED DETERMINATION OF
FAIR MARKET VALU 'OR CERTAIN REAL PROPERTY LOCAT' ' ON THE NORTHWEST CORNER
OF 40TH STREET ANiu ACRE LANE.
1
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the
2
Mayor and Common Council of the City of San Bernardino at a
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meeting thereof held on the day of
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19 by the following vote, to-wit:
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6 Council Members: AYES NAYS ABSTAIN ABSENT
7 NEGRETE
8 CURLIN
9 HERNANDEZ
10 OBERHELMAN
11 OFFICE VACANT
12 POPE-LUDLAM
13 MILLER
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15 City Clerk
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The foregoing resolution is hereby approved this day of
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19
TOM MINOR, Mayor
20 City of San Bernardino
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Approved as to form
23 and legal content:
24 JAMES F. PENMAN,
City A orney
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8-17-93 -3-
1 LEGAL DESCRIPTION FOR RIGHT OF WAY ACQUISITION LOCATED ON
THE NORTHWEST CORNER OF 40TH STREET AND ACRE LANE.
2
3 That portion of the South one-fifth of lot 10, Arrowhead Suburban Farms
tract "A" , as per plat thereof recorded in Book 21 of Maps, Page 6, records
4 of the County Recorder of San Bernardino County, State of California,
described as follows:
5
Beginning at the intersection of the North line of 40th Street and the East
6 line of the West 196.3 feet of said Lot 10; thence North along said East
line, a distance of 24 feet; thence East, along a line that is parallel with
7 said North line of 40th Street, to a point that is 23 feet West of the West
line of Acre Lane; thence Northeasterly, along a straight line, to a point
8 on a line that is 34 feet North of and parallel with said North line of 40th
Street, said point being 13 feet West of the said West line of Acre Lane;
9 thence East, along said parallel line, a distance of 13 feet to said West
line of Acre Lane; thence Southerly, along said West line to said North line
10 of 40th Street; thence West along said North line, to the Point of
Beginning.
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12 2929.5 square feet ±
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-17-93 EXHIBIT "A"