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Home My WebLink About12-Development Services ORIGINAL CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: JAMES FUNK, Director Subject: Authorization to Proceed - Sale of City property - vacated portion of the east/west street lying between "D" Street and Stoddard Avenue, and Resolution setting fair market value and a public hearing. Dept: Development Services Date: September 27,2005 File No. 15.05-243 Synopsis of Previous Council Action: MCC Date: 10-17-05 August 1, 2005: Resolution No. 2005-273 adopted ordering the vacation of a portion of the east/west street lying between "D" Street and Stoddard Avenue Recommended Motion: 1. That the Director of Development Services be authorized to proceed with the sale of City property, being a portion of the vacated portion of the east/west street lying between "D" Street and Stoddard A venue AND 2. Adopt Resolution. h(/'~r-:rr James Fun Contact person: Jeanne'marie Fitzpatrick Phone: 5328 Supporting data attached: Staff Report/Maps/Res. Ward: 7 FUNDING REQUIREMENTS: Amount: None Source: (Accl. No.) N/A (Accl. Description) N/A Finance: Council Notes: ~~. 2u)r-?3~ Agenda Item No. I a-, If) 1'1/ oS CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report SUBJECT: Authorization to Proceed - Sale of City property - vacated portion of the east/west street lying between "D" Street and Stoddard Avenue, and Resolution setting fair market value and a public hearing. BACKGROUND: On August 1, 2005, Resolution No. 2005-273 ordering the vacation of a portion of the east/west street lying between "D" Street and Stoddard Avenue was adopted. The resolution has been recorded and the street is officially vacated. However, because the street was relinquished to the City of San Bernardino by the State in fee ownership, the underlying parcels need to be sold in order for the City to relinquish all its interest. Per staff, the parcels were determined to be undevelopable by themselves and have no value other than to the adjacent property owners. Both of the adjacent property owners have indicated a desire to purchase the property. Staff is recommending that the parcels be sold with a "no build" restriction to maintain the zoning of single-family residential in this area. The adjacent owners are receptive to acquire the parcels with the restrictions. Additionally, they are aware of the easements encumbering the properties which further makes the property of no value to anyone other than the adjacent property owners. On August 26, 2005, we received letters from the two adjoining property owners requesting to purchase the properties at a nominal value of$0.35 per square foot. As shown on the attached map, Parcel A, east of Stoddard Avenue, is 5194 square feet. Based on $0.35 per square foot, the total purchase price of this parcel would be $1,818.00. Parcel B, south of"D" Street, is 5472 square feet. Based on $0.35 per square foot, the total purchase price of this parcel would be $1915.00. Staffs recommendation is that it would be in the best interest of the City to quitclaim these properties for the nominal fee established, based on the fact that these parcels of land would have no value on the open market because of the restrictions mentioned above. Staffhas determined that these amounts are reasonable to cover staff cost for this action. Proceeds from this sale would go to the general fund to cover staff time. Pursuant to Section 2.65.030 of the San Bernardino Municipal Code, property valued at less then $25,000 may be sold without going through the public bid process, but a public hearing on the proposed sale must still be held. The attached Resolution sets the fair market value of Parcel A at $1,818.00 and Parcel Bat $1,915.00, and sets a public hearing relative to the sale. All affected City departments will be given notice ofthe sale for potential conflicts and the property will be posted as required by law. A Sales and Purchase Agreement will be prepared and submitted for action at the close of the public hearing. Upon sale of the properties, title will be transferred by quit claim deed. FINANCIAL IMPACT: Revenue of$3,733.00 from sale proceeds. RECOMMENDATION: Staff recommends that the authorization to proceed with the sale of the City property be given and that the attached resolution be adopted. r r-JDt to scale.. - - - LIt1H- I iIVT ---------------------____, I I I I I I i ~ I ~ ~ - - -n-ut- - - --- -- _ _ -+ __ _ _ __ _ _ _ _ _ __ _ ~ I i f I I PARCEL A PARCEL B I 5194 Square Feet 5472 Square Feei I i I @ 31 ~ --------------- I @ 10 21 @ ~:;: ~ ~ 41.U:;: @ 11 -----~;-@----:;: T:;: @ 33 4:4 @ :;: : I 144.31 144.31 slo 14].72 10 72 ]7.5 I 0 I 0 I L - ":- --iHIl- - - - - - - - - _ ....L _ _ _ _ _ _ _ _ _ _ _ _ ":- _ _ ~ :!: STATE ROUTE 210 I I 41. 25 \2 1 ----------- @6 :;: -----~~-@----- .. ~ @7 18 0 - - - - - - - -@- - - - -" 19 :;: @8 @9 o ~ - - ---;~-@-- ---~ CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT PUBLIC WORKS DMSION REAL PROPERT!SECTION I I I ~o .. .@128 ----- -------- I J7. 5 I I I 40@ I 41@ I I l. 42@ I I I I 43@ 1 .. ~ o ~ --------------- <> . @32 PROPOSED VACATION FOR THE EASTNVEST STREET BETWEEN "0" STREET AND STODDARD AVENUE Prepared by: Checked by: PLAN NO.: Approved by: J4 C#::!R J-;:;;;'P":rJ< 11416A Oate~/1JYs Date~ FILE NO.: 15.30-384 ~///////U//ffHM \'A"""A~I",..I"'" 1_,a'.I_1 1.._ ... 1 RESOLUTION NO.~ rPY 2 RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING FAIR 3 MARKET VALUE AND MINIMUM SALE PRICE FOR CERTAIN CITY OWNED PARCELS OF REAL PROPERTY GENERALLY LOCATED BETWEEN "D" STREET 4 AND STODDARD AVENUE, NORTH OF 29TH STREET AND SOUTH OF STATE 5 ROUTE 210, AND SETTING A PUBLIC HEARING TO CONSIDER SAID SALE. 6 WHEREAS, the City of San Bernardino, a municipal corporation, is the owner of the 7 hereinafter described parcels of real property, generally located between "D" Street and Stoddard 8 A venue, north of 29th Street and south of State Route 210 in the City of San Bernardino, State of 9 10 more fully described below: 11 California, consisting of two parcels, both rectangular-shaped strips of non-buildable land, and 12 Parcel A: That portion of Lot 27 of the Lynncrist Heights Tract No. 1907, as per plat recorded in Book 27 of Maps Page 56 as recorded in the County of San Bernardino, State of 13 California, lying east of a line that is 20 feet east of and parallel with the west line of said Lot 27. 14 15 Total Area: 5194 square feet 16 Parcel B: That portion of Lot 38 of the Lynncrist Heights Tract No. 1907, as per plat recorded in Book 27 of Maps Page 56 as recorded in the County of San Bernardino, State of 17 California, lying west of a line that is 13 feet east of and parallel with the west line of said Lot 18 38. 19 Total Area: 5472 square feet 20 21 WHEREAS, the Mayor and Common Council of said City find and determine that there 22 is no necessity for the City's ownership of said Real property; and 23 WHEREAS, the Mayor and Common Council of said City believe it is in the best 24 interest of the City that said parcels of real property be disposed of at fair market value; and 25 26 WHEREAS, City staff have estimated a fair market value of Parcel A at One Thousand, 27 Eight Hundred and Eighteen Dollars ($1,818.00) and Parcel B at One Thousand, Nine Hundred 28 and Fifteen Dollars ($1,915.00) for said real property; and 09/27/05 7:52 AM /lJo. J J.. ) D / j 7)05" - 1 RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING FAIR MARKET VALUE AND MINIMUM SALE PRICE FOR CERTAIN CITY OWNED PARCELS OF REAL PROPERTY 2 GENERALLY LOCATED BETWEEN "D" STREET AND STODDARD AVENUE, NORTH OF 29T11 STREET AND SOUTH OF STATE ROUTE 210, AND SETTING A PUBLIC HEARING TO CONSIDER 3 SAID SALE. 4 5 6 purchase said real property; and 7 8 WHEREAS, two adjacent property owners to these parcels have expressed a desire to WHEREAS, pursuant to Section 2.65.030 of the San Bernardino Municipal Code, City 9 owned property valued at less than $25,000 may be sold without the need for competitive bid, so 10 long as the sales price is not less than the fair market value of said real property. 11 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 12 OF SAN BERNARDINO AS FOLLOWS: 13 SECTION 1. The public interest and convenience require the sale of City owned real 14 property, generally located between "D" Street and Stoddard Avenue, north of 29th Street and 15 south of State Route 210 in the City of San Bernardino and same is hereby declared as surplus 16 real property. 17 18 19 of San Bernardino to sell said real property to the adjacent property owners. SECTION 2. It is therefore the intention of the Mayor and Common Council of the City 20 21 Fair Market Value of Parcel A is One Thousand, Eight Hundred and Eighteen Dollars 22 23 SECTION 3. The Mayor and Common Council do hereby find and determine that the ($1,818.00) and Parcel B is One Thousand, Nine Hundred and Fifteen Dollars ($1,915.00). 24 SECTION 4. The Mayor and Common Council of the City of San Bernardino do hereby 25 set a public hearing to be held on November 21,2005, at 4:00 p.m or as soon thereafter as the 26 matter can be heard, in the Council Chambers of City Hall, 300 North "D" Street, San 27 Bernardino, California, relative to the proposed sale. 28 09/27/05 7:57 AM 2 1 2 3 4 RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING FAIR MARKET VALUE AND MINIMUM SALE PRICE FOR CERTAIN CITY OWNED PARCELS OF REAL PROPERTY GENERALLY LOCATED BETWEEN "D" STREET AND STODDARD AVENUE, NORTH OF 29T11 STREET AND SOUTH OF STATE ROUTE 210, AND SETTING A PUBLIC HEARING TO CONSIDER SAID SALE. 5 SECTION 5. Notice of the public hearing shall be published in The San Bernardino 6 County Sun, a newspaper of general circulation, at least once prior to the public hearing and shall 7 be posted in at least 3 conspicuous places on the property at least (10) days prior to the hearing. S 9 SECTION 6. Written and oral protest to such sale may be submitted and shall be 10 received at or prior to the public hearing. Written protests may also be submitted to the City 11 12 hearing. 13 14 Clerk's Office, City Hall, 300 N. "D" Street, San Bernardino, California, prior to the public It is the intent of the Mayor and Common Council to consider and SECTION 7. approve said sale at the public hearing, said property more particularly described herein. 15 16 /I 17 /I 18 19 20 21 22 23 24 25 26 27 28 09/27/05 7:57 AM 3 1 2 3 4 5 6 7 RESOLUTION OF THE CITY OF SAt"! BERNARDINO ESTABLISHING FAIR MARKET VALUE AND MINIMUM SALE PRICE FOR CERTAIN CITY OWNED PARCELS OF REAL PROPERTY GENERALLY LOCATED BETWEEN "D" STREET AND STODDARD AVENUE, NORTH OF 29TH STREET AND SOUTH OF STATE ROUTE 210, AND SETTING A PUBLIC HEARING TO CONSIDER SAID SALE. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof day of , 20_, by the following vote, to AYES NAYS ABSTAIN ABSENT 17 JOHNSON 18 MCCAMMACK 19 20 21 22 23 24 City Clerk The foregoing resolution is hereby approved this day of ,20_ JUDITH V ALLES, Mayor City of San Bernardino Approved as to form 25 and legal content: 26 JAMES F. PENMAN 27 City Attorney r 28 By: _ ~-:'3-._ J ..o~ , / j 10/14105 258 PM 4 ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM Moeting D,tn (D"n ~)' JO' \ 7' C>' Itnm " Vote: Ayes Nays Change to motion to amend original documents 0 1:)- Resolution # ?v<Df"? ,2 Abstain Absent Companion Resolutions NulINoid After: days/ Resolution # On Attachments: 0 Note on Resolution of attachment stored separately: 0 PUBLISH 0 POST 0 RECORD W/COUNTY 0 / (1 c/ Date Sent to Mayor: --1 0, f 0 ' 0 ) / Date of Mayor's Signature: /fv/9, 05 _______ Date ofClerk/CDC Signature': IDr 19 .oS By: Reso. Log Updated: ,EJ Seal Impressed: 0-/' , Reso. # on Staff Report [J/' Date Memo/Letter Sent for Signature: 151 Reminder Letter Sent: Date Returned: 2nd Reminder Letter Sent: Not Returned: 0 Request for Council Action & Staff Report Attached: Updated Prior Resolutions (Other Than Below): Updated CITY Personnel Folders (6413,6429,6433, 10584, 10585, 12634): Updated CDC Personnel Folders (5557): Updated Traffic Folders (3985, 8234, 655, 92-389): / Yes No By_ Yes No / By_ - Yes No /' By_ Yes No ~ By_ Yes No~'By_ Copies Distributed to: Animal Control 0 EDA 0 Information ServIces 0 .j City Administrator ~ Facilities 0 Parks & Recreation 0 --",. City Attorney "" Finance 0 Police Department 0 Code Compliance 0 Fire Department 0 Public Services 0 Development Services- E( {")-) Human Resources 0 Water Department 0 Others: Notes: Ready to File: / Date: IG--) ~0C Revised 12/18/03