HomeMy WebLinkAbout18-Development Services
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: JAMES FUNK, Director
Subject: Authorization to Proceed - sale of
City property, being a portion of the vacated
portion of University Parkway, northeasterly
of Kendall Drive and Resolution setting fair
market value and a public hearing.
File No. 15.05-228
MCC Date: 07-23-2001
Dept: Development servic?\R It'l .'" ~ L
Date: July 17,2001 V 1~llvrt
Synopsis of Previous Council Action:
05-07-01 --- Resolution No. 2001-91 was adopted, vacating a portion of University Parkway
northeasterly of Kendall Drive.
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 University parkway, northeasterly of
Kendall Drive.
AND
2. Adopt Resolution.
~~
Contact person: LASZLO "Les" FOGASSY
Supporting data attached: Staff Report, Maps,
KesolutlOn
FUNDING REQUIREMENTS: Amount: None
Phone: 5026
Ward: 5
Source: (Acct. No.) N/A
(Acet. Description) N/A
Finance:
Council Notes:
~ #0:;"0/- .;;13')
Agenda Item No.
.l1
7/13Jb}
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
SUBJECT:
Authorization to Proceed - sale of City property, being a portion of the vacated portion of
University Parkway, northeasterly of Kendall Drive and Resolution setting fair market value and
a public hearing.
BACKGROUND:
In May, 2000, University Commons, LLC, purchased City and Water Department property
along a portion of the westerly side of University Parkway, northeasterly of Kendall Drive, for
the purpose of a commercial retail development. The sales price of this property was $566,000,
or $5.00 per square foot for the developable area. Subsequently, University Commons requested
that the City vacate a portion of the westerly side of University Parkway, adjacent to the
property purchased from the City. On February 20, 2001, staff was authorized to proceed with
the vacation and on May 7, 2001, Resolution No. 2001-91 was adopted, approving the vacation.
In 1964, the City acquired University Parkway, between Kendall Drive and Northpark
Boulevard in fee, rather than an easement. Although a portion of University Parkway was
vacated, the City still retains ownership of the subject parcel.
University Commons has indicated that they would like to purchase a portion of this strip from
the City, to be used for landscaping and parking relative to the proposed development. They
also indicated to us that their Engineer's would provide a legal description and plat map for the
portion of the vacated strip that they would like to purchase, which was provided to the
department on 6/29/2001
One of the conditions of approval for the development was that the developer acquire a lease, an
easement or fee ownership of this strip from the City, and the developer obtained a temporary
grading permit. Staff feels it would be in the best interest of the City to sell this land. There is
no apparent need by the City for this strip, except for a portion needed for a decce1eration lane
which is required as a condition of approval, and for future extension of the sidewalk, which will
be retained by the City for right of way purposes.
The subject property has a land use designation of commercial, as is the adjoining parcel.
Adjacent land uses are as follows: Vacant property to the north and west; multi-family residential
on the east, and commercial and residential to the south.
Although the adjacent property was appraised at approximately $5.00 per square foot, the
subject parcel is valued significantly less due restrictions for development of this parcel. It
appears that the property could be developed in accordance with the Development Code
requirements, but has major /significant economic feasibility issues to be resolved. Access
would be limited to right turn in and right turn out only. The most significant development
limitation is the reservation of utility easements over the subject parcel, specifically Southern
California Edison and Southern California Gas. It is possible that the utilities could be relocated
into the street right of way, subject to the approval of the respective utilities. The cost of
relocation would be done at the sole expense of the developer/owner of the subject property.
An appraisal was done by James Smothers, MAl, and the market value was determined to be
$17,400.00 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 stilI be held.
The attached Resolution sets the fair market value of the property at $17,400.00 and sets a
public hearing relative to the sale. All affected City departments will be given notice of the 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.
FINANCIAL IMPACT:
Revenue of$17,400.00, less costs, from sale proceeds.
RECOMMENDATION:
Staff recommends that authorization with to proceed with the proposed sale be given and that the
attached resolution be adopted.
Location of City property
to be sold
No Scole
5th SI.
Mill SI.
o
VICINITY MAP
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES DEPARTMENT
REAL PROPERTY SECTION
Proposed sale of City property
a portion of the Northwesterly
side of Univesity Parkway,
Northeasterly of Kendall Drive
~ indicates un-incorporated areas
~ within Cit 's S here of Influence
File No.: I:)": tJ'j} - 2..Z-fi
Created by: j.. Foc-rJ>f
Date: 7/z/"2a'1
'"
,
'"
,.,:L,
oP/'
'"
'"
,
'"
,
"'"
"', ,
> '"
~
...
..9
.:
o
D.
~~
(P - .ts
v.~
ce.. "..
~ ell o:>~
~....-p
.~
.~.
~
(Y
C"I
...
o
....I
.:
o
D.
,
~~~~t1:::t1~~~f88
<DCJ)C)C"?('f')O)cxiaicciM~c:i
('I)-~V~<D_.o........,....,.co
3::3::ww3::3::3::3::3::3::w3::
.!! i8 ~ill~ill~~~~~i8~
.Q Co N;-C:o~N~~Co~f::N
~ C"?C)MLOC"')Lt)O_"'l:t.........._
000000000000
.; ~ 8~~~~~~~!;;:~C;;
C zzzzenenzenenenzz
.. ~
::i~~~!~~~~~3~3
,sill
'" .
" '"
'" N
--,co
f;:li8
dm
.... ....
f;lrg
cxio)
~....
~8!f8t:8
o "'<>>:gd
l;l...."'oC/;
C"')--('l')C"')
~OM~f:o
C) ...... l.C) <:) ""d"
ro;-eot-C'i
-O_VV
o 0 000
~~;!a8
~3300
~
.~
.,"" O:!:"
. <Jy - '\I"
$" . ,!>1,,"
~...... ,~ ,;'
.., "
~~......
"
~ Mv~ N Ll L L ':>as aUll lsaM
~ .
.i!
.~
~
Oenz
ZWO
-u-
C_~
a=:>U
c(o:::W
zwcn
a=:en~
~!zo:::
ZWW
c(:::iEo..
(1)0..0
iLOO:::
O...Jo..
W...J
~(iji1i
(300:::
-
+1
q:!
CT
en
C\I
to
<Xl
o
<Xl
~
('I)
-
~
en
::J
..c
.....
en
ro
c:
~
o
..c
..m
'"'0
a
m
Q)
..0
o
.....
ro
~
<{
o
W lL.
1-0
<(
u>-
<(-I
>~
W
lL.1-
o(f)
<(
ZW
OIw
-I->
I-~-
~O~
OZO
0...
.-1
<(>--1
<l:<(
lL.:;;J::0
O~Z
~w
w<(~
-10...
<(
(f)>-
01-
w(f)
(f)~
OW
0...>
Oz
~:J
0...
o
Z""
~....
wO
W,...
I
en
co
C\I
C\I
I
':1.0
00
z.
wl.O
...J T""
U.
iIi
.....
'"
c
>.
.Q
'C
l!!
'"
c.
l!!
a.
,
'-
c
,.-
'--
,
~(Q)[PV
1
RESOLUTION NO.
2
RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING AND
3 SETTING FAIR MARKET VALUE AND SALES PRICE OF $17,400.00 AND
DECLARING THE INTENTION OF THE CITY TO SELL PROPERTY GENERALLY
4 LOCATED NORTHWESTERLY OF UNIVERSITY PARKWAY, NORTHEASTERLY
OF KENDALL DRIVE IN THE CITY OF SAN BERNARDINO, UNIVERSITY
5 COMMONS, LLC AND SETTING A PUBLIC HEARING TO CONSIDER SAID SALE.
6
7 WHEREAS, the City of San Bernardino, a municipal corporation, is the owner of the
8 hereinafter described parcel of real property, generally located northwesterly of University
9
10
Parkway, northeasterly of Kendall Drive in the City of San Bernardino, State of California, more
fully described below in Exhibit "A" attached hereto and made a part hereof; and
11
12 WHEREAS, the Mayor and Common Council of said City find and determine that there
13 is no necessity for the City's ownership of said Real property; and
14
15
16
17
WHEREAS, the Mayor and Common Council of said City believe it is in the best
interest of the City that said parcel of real property be disposed ifat fair market value; and
WHEREAS, an appraisal was submitted by James Smothers, MAl, a licensed real estate
18 appraiser, in the amount of Seventeen Thousand Four Hundred Dollars ($17,400.00) for said
University Commons, LLC, has expressed a desire to purchase said real
23
24
WHEREAS, pursuant to Section 2.65.030 of the San Bernardino Municipal Code, City
wned property valued at less than $25,000 may be sold without the need for competitive bid, so
25 long as the sales price is not less than the fair markp.t value of said real property.
26
27
28
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
F SAN BERNARDINO AS FOLLOWS:
SECTION 1. The public interest and convenience require the sale of vacant City owned
7/18/01
Y1tJ, ~~
1/iJ/O/
.
'-
RESOLUTION ESTABLISHING FAIR MARKET VALUE AND SETIING A PUBLIC HEARING FOR
THE SALE OF CITY PROPERTY GENERALLY LOCATED NORTHWESTERLY OF UNIVERSITY
1 PARKWAY, NORTHEASTERLY OF KENDALL DRIVE IN THE CITY OF SAN BERNARDINO
2
3
real property, with an area of approximately 34,808 square feet, generally located northwesterly
4 of University Parkway, northeasterly of Kendall Drive in the City of San Bernardino and same is
5 hereby declared as surplus real property.
6
7
of San Bernardino to sell said real property to University Commons, LLC.
8
9
10
SECTION 2. It is therefore the intention ufthe Mayor and Common Council of the City
SECTION 3. The Mayor and Common Council do hereby find and determine that the
Fair Market Value of the property and sales price is Seventeen Thousand Four Hundred Dollars
11 ($17,400.00).
12 SECTION 4. The Mayor and Common Council of the City of San Bernardino do hereby
13
set a public hearing to be held on August 20, 2001, at 10:00 a.m. or as soon thereafter as the
14
".- matter can be heard, in the Council Chambers of City Hall, 300 North "D" Street, San
'-' 15
16 Bernardino, California, relative to the proposed sale.
17 SECTION 5. Notice of the public hearing shall be published in The San Bernardino
18 County Sun, a newspaper of general circulation, at least once prior to the public hearing and shall
19
be posted in at least 3 conspicuous places on the property at least (10) days prior to the hearing.
20
21
SECTION 6. Written and oral protest to such sale may be submitted and shall be
22 eceived at or prior to the public hearing. Written protests may also be submitted to the City
23 Clerk's Office, City Hall, 300 N. "D" Street, San Bernardino, California, prior to the public
24 earing.
25
SECTION 7. It is the intent of the Mayor and Common Council to consider and
c
26
pprove said sale at the public hearing, said property more particularly described in said Exhibit
27
28
'A",
7/17/01
2
"-'
-
'-'
c
RESOLUTION ESTABLISHING FAm MARKET VAJ,UE AND SETTING A PUBLIC HEARING FOR
THE SALE OF CITY PROPERTY GENERALLY LOCATED NORTHWESTERLY OF UNIVERSITY
1 PARKWAY, NORTHEASTERLY OF KENDALL DRIVE IN THE CITY OF SAN BERNARDINO
2
3
4
5
6
7
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
held on the
day of
,20_, by the following vote, to
wit:
Council Members:
AYES
NAYS
ABSTAIN
ABSENT
8
ESTRADA
9
10 LIEN
11 MCGINNIS
12 SCHNETZ
13 SUAREZ
14
ANDERSON
15
16 MCCAMMACK
17
18
City Clerk
19 The foregoing resolution is hereby approved this
20
21
22
23
24
25
day of
,20_.
JUDITH VALLES, Mayor
City of San Bernardino
pproved as to form
d legal content:
26
27
28
AMES F. PENMAN
ity Attorney
{-7
~>-.~
7/17/01
3
'-
c
c
EXIllBIT "A"
A PARCEL OF LAND SITUATED IN A PORTION OF THE NORTHWEST QUARTER OF
SECTION 17, TOWNSHIP 1 NORTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN,
BEING A PORTION OF THAT PORTION OF UNIVERSITY P ARKW A Y AS V ACA TED BY
RESOLUTION NO. 2000-91 OF THE CITY OF SAN BERNARDINO, RECORDED AS
DOCUMENT NO. 20010181612, RECORDS OF THE COUNTY RECORDER OF SAN
BERNARDINO COUNTY, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
COMMENCING AT THE CENTERLINE INTERSECTION OF KENDALL DRIVE AND
UNIVERSITY PARKWAY, AS SHOWN ON PARCEL MAP NO. 15537, AS PER PLAT
THEREOF RECORDED IN BOOK 192 OF PARCEL MAPS, PAGES 57 AND 58, RECORDS
OF SAID COUNTY;
THENCE NORTH 580 47' 58" EAST, ALONG SAID CENTERLINE OF UNIVERSITY
PARKWAY, A DISTANCE OF 41.85 FEET;
THENCE NORTH 310 12' 02" WEST, A DISTANCE OF 60.00 FEET TO THE TRUE POINT
OF BEGINNING;
THENCE NORTH 800 36' 58" WEST, A DISTANCE OF 36.37 FEET;
THENCE NORTH 000 02' 33" WEST, A DISTANCE OF 19.09 FEET;
THENCE NORTH 580 47' 58" EAST, A DISTANCE OF 354.17 FEET TO THE BEGINNING
OF A NON-TANGENT CURVE, CONCAVE TO THE NORTHWEST, HAVING A RADIUS
OF 3900.00 FEET, A RADIAL TO SAID BEARING BEARS NORTH 310 14'37" WEST;
THENCE NORTHEASTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE
OF 090 15' 09", AN ARC DISTANCE OF 629.80 FEET;
THENCE NORTH 490 31; 38" EAST, A DISTANCE OF 100.91 FEET;
THENCE NORTH 890 58' 16" EAST, A DISTANCE OF 43.75 FEET;
THENCE SOUTH 49031' 38" WEST, A DISTANCE OF 233.57 FEET;
THENCE SOUTH 49052' 29" WEST, A DISTANCE OF 69.11 FEET TO THE BEGINNING
OF A TANGENT CURVE, CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF
145.99 FEET;
THENCE SOUTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE
OF W 01' 10", AN ARC DISTANCE OF 40.82 FEET TO THE BEGINNING OF A
REVERSE TANGENT CURVE, CONCAVE TO THE SOUTHEAST, HAVING A RADIUS
OF 199.56 FEET;
THENCE SOUTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE
--- OF 140 18' 53", AN ARC DISTANCE OF 49.86 FEET TO THE BEGINNING OF A
TANGENT CURVE, CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 3006.17
FEET;
THENCE SOUTHWESTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE
OF 030 47' 01", AN ARC DISTANCE OF 198.52 FEET;
THENCE NORTH 800 04' 50" WEST, A DISTANCE OF 18.92 FEET;
THENCE SOUTH 530 14' 55" WEST, A DISTANCE OF 59.84 FEET;
THENCE SOUTH 050 46' 14" WEST, A DISTANCE OF 18.95 FEET;
THENCE SOUTH 470 49' 07" WEST, A DISTANCE OF 43.76 FEET TO THE BEGINNING
OF A NON- TANGENT CURVE, CONCAVE TO THE NORTHWEST, HAVING A RADIUS
OF 3940.00 FEET, A RADIAL FROM SAID POINT BEARS NORTH 31056' 25" WEST;
THENCE SOUTHWESTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE
OF 00042' 48", AN ARC DISTANCE OF 49.05 FEET;
c
THENCE SOUTH 580 47' 58" WEST, A DISTANCE OF 336.44 FEET, MORE OR LESS, TO
THE TRUE POINT OF BEGINNING.
CONTAINS 34, 808.62 SQUARE FEET, MORE OR LESS
c
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): f) - 23 -0 I Item #
Vote: Ayes '2-'1 Nays --EJ
Change to motion to amend original documents:
I ~ Resolution #
Abstain --E7
Zr:::D I - 73,
Absent .--J
Reso. # On Attachments: ~ Contract term: -
Note on Resolution of Attachment stored separately: _
Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY
NulVVoid After: -
By: L. H ?\e...'TLbL.-
Date Sentto Mayor: '1- .?S- 0'
Date of Mayor's Signature: '1-?-~'.G \
Date ofClerk/CDC Signature: '/-;;;L<C.-() \
Reso. Log Updated: ./'
Seal Impressed: ,./
Date Memo/Letter Sent or
60 Day Reminder Letter Sent on 30th day:
90 Day Reminder Letter Sent on 45th day:
See Attached:
See Attached:
Date Returned:
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 ....L No By
Yes No......L.. By
Yes No ,/ By
Yes No ,/ By
Yes No ./ By
Copies Distributed to:
City Attorney
Parks & Rec.
v
Code Compliance
Dev. Services
,/ EDA
Finance
,/
MIS
Police
Public Services
Water
Others:
Notes:
BEFORE FILING. REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE
YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term. etc.)
Ready to File: OV\I
Date: '\. 7..n-.Ol
Revised 01/ 12/0 I