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HomeMy WebLinkAbout18- Development Services CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: MICHAEL E. HAYS, Director Subject: Public Hearing— 10:00 am--Vacation of a Portion of the East/West Alley East of"F" Street, Dept: Development Services between 5th& 6'h Streets and Public Hearing for the sale of a portion of Ci7 property located East of"F" Street, Date: January 12, 2000 !n between 5a'and 6 Streets and Resolution Ordering ORIu 1��JA� Vacation and Resolution Authorizing Execution of Sales Agreement and Quitclaim Deed. File No. 15.30-350 Synopsis of Previous Council Action: MCC Date: 02-07-2000 10-18-99—Authorization to Proceed with the sale of a portion of City property located east of"F" Street, between 5h and 6'h Streets and the vacation of a portion of the east/west alley east of"F" Street, between 5`h and 6'h Streets was granted,processing fees were waived and Plan No. 10025 was approved. 01-10-2000—Resolution 2000-1 was adopted setting a public hearing for the proposed vacation of a portion of the east/west alley east of"F" Street,between 5`h and 6a' Streets and Resolution No. 2000-2 was adopted setting a public hearing for the sale of a portion of City property located east of"F" Street, between 5h and 6h Streets. Recommended Motion: 1. That the hearing be closed and the Findings of Fact as set forth in the Staff Report from the Director of Development Services, as to why a portion of the east/west alley east of"F" Street, between 5h and 6fl' Streets, is no longer necessary for public street purposes, be adopted. AND 2. That hearing relative to the sale of a portion of City property located east of"F" Street, between 5h' and 6`h Streets be closed. 3. ADOPT RESOLUTIONS (2) AND ^Mchael E. frays Contact person: LASZLO"Les"FOGASSY Phone: 5026 Supporting data attached: Staff Report, Maps, Ward: I Resolutions FUNDING REQUIREMENTS: Amount: $1,000.00 Source: (Acct. No.) 001-182-5011-0000 (Acct. Description) Real Property/Salaries Finance: Council Notes: Agenda Item No. A17/,Doo CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION Staff Report SUBJECT: Public Hearing— 10:00 am -- Vacation of a Portion of the East(West Alley East of"F" Street, between 5'h& 6a' Streets and Public Hearing for the sale of a portion of City property located East of"F" Street,between 5h and 6h Streets and Resolution Ordering Vacation and Resolution Authorizing Execution of Sales Agreement and Quitclaim Deed. BACKGROUND: On October 18, 1999, this office was authorized to proceed with the sale of a portion of City property,being 10 feet in width and 150 feet in length, located on the east side of"F" Street, between 5h and 6" Streets, and the vacation of a 3 foot alley immediately south of and adjacent to the 150 foot strip, and Plan No. 10025 depicting the proposed sale and vacation,was approved. This action was a result of a request by St. Bemardine Church,to vacate and close the alley for safety reasons. They state that parishioners (including many elderly as well as small children) traverse this alley going to and from the Church and the Parish Hall. They have indicated to us that often cars speed through this alley, creating a safety hazard for the pedestrians. They also state that there is an increased amount of loitering in the area. They have stated that there is a significant amount of westbound traffic, even though this"alley" is one way(eastbound), and the east entry into the alley is posted"Do Not Enter". Since only the southerly 3 feet of this 13 foot alley is dedicated public right of way, and only that portion can be vacated,the Church has asked to purchase the 10 foot strip and that the 3 foot easement be vacated. Since the 3 foot easement is across church property,they had requested that the $1,000 processing fee for the vacation be waived. The fee waiver was approved at the Council Meeting of October 18, 1999. City departments and utilities were notified of the proposed sale and the proposed vacation and no conflicts were noted. Comcast Cable and GTE,however,have requested the reservation of an easement for their existing facilities which will be reserved in the Resolution Ordering Vacation. On January 10, 2000,Resolution No. 2000-1 was adopted setting a public hearing for February 7,2000, relative to the proposed vacation. At that same meeting,Resolution No. 2000-2 was adopted, establishing fair market value of$1,500 and setting a public hearing regarding the proposed sale. The City Charter allows the sale of City property valued under$25,000 to be sold without the bidding process, as long as the property is sold at fair market value. In regards to the proposed vacation, the Resolution of Intention was published in the San Bernardino County Sun newspaper and the area posted. There appears to be no further necessity for the area proposed for vacation for street purposes, and we recommend the vacation based on the following facts: Staff Report—Public Hearing— 10:00 am — Vacation of a Portion of the East/West Alley East of"F"Street, between 5`h & 6rh Streets and Public Hearing for the sale of a portion of City property located East of"F"Street, between 5`h and 6`h Streets and Resolution Ordering Vacation and Resolution Authorizing Execution of Sales Agreement and Quitclaim Deed(continued). 1. The proposed vacation has been determined by the Director of Development Services to be of no further necessity to the general public. 2. A finding of consistency with the General Plan was made. 3. There have been no objections by any adjoining property owners. 4. All of the City Departments and Public Utility Companies were notified of the proposal and given an opportunity for a response. Certain easements were requested for existing facilities and have been provided for in the Resolution of Intention and the Resolution Ordering Vacation. Relative to the proposed sale,the property proposed to be sold was posted giving notice of the public hearing. There are two resolutions attached for your action. The first resolution orders the vacation of the alley. The second resolution authorizes the execution of an Agreement and Quitclaim Deed, conveying the 10 foot strip to the Roman Catholic Bishop of San Bernardino for the amount of $1,500. FINANCIAL IMPACT: $1,000 cost to City for vacation proceedings; $1,500 revenue to City from sales proceeds. RECOMMENDATION: Staff recommends that the public hearings be closed,the Findings of Facts be adopted and that the attached Resolution Ordering Vacation and the Resolution Ordering the Execution of an Agreement and Quitclaim Deed,be adopted. �e to 1s No Scale Qr CO 40th St. 330 a ° o Marshall Blvd, o! v 210 � zse 3 a Highland Ave. ° n a E y Base Line St. in ° d 9th St a 6th St 5th St. ° d Rialto Ave. > > 15 a Mill St. o c 0 w 210 a Orange Show Rd. a 'T 0 Location of Proposed Vacation and sale of a Portion of City Property VICINITY MAP CITY OF SAN BERNARDINO Proposed Vacation of the East/West alley DEVELOPMENT SERVICES DEPARTMENT East of "F" Street, between 5th and 6th REAL PROPERTY SECTION Streets and sale of a portion of City property ® indicates un—incorporated areas within Citys Sphere of Influence Created by: L. Fogassy Date: !0/4/1999 i L + 6th STREET + 598.29' FELDHEYM LIBRARY r----------------------- I 1 I � MSGR BRADLEY HALL 'e 1 Par. 2 I— W m 1 1 W N 1 I LLJ ry c //7//7 Car Port i r� n '�/1 Cf) "'---- DETAIL_--------J Par. 1 n 150' Q No Scale Par. 1 Par. 2 \rl,� Par. 3 _ LL- LLJ �� 'v ST. BERNARDINE 'Lj• O1 a CHURCH 165.90' Q� 235' 196.30' I I + 5th STREET + � I iF ' Sale of a portion of City CITY OF SAN BERNARDINO property shown thus: DEVELOPMENT SERVICES Area to be vacated REAL PROPERTY SECTION shown thus: ® PLAN NO. 10025 j Created by: r Date: q -, City Engin er Checked by: 9 Date: .'2 7^ l File No.: 15.30-350 City Property No.: 06 OOFT 1 RESOLUTION NO. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE 3 VACATION OF A PORTION OF THAT CERTAIN EAST/WEST ALLEY LOCATED EAST OF "F" STREET, BETWEEN 57" AND 6" STREETS AND RESERVING 4 PUBLIC UTILITY EASEMENTS. 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 6 OF SAN BERNARDINO AS FOLLOWS: 7 SECTION 1. That the Mayor and Common Council of the City of San Bernardino 8 having heard the evidence offered in relation to the proposed vacation of portions of the 9 10 east/west alley located east of"F" Street, between 5' and 6' Streets in said City, described in 11 Resolution of Intention No. 2000-1, hereby find from all of the evidence submitted that such 12 street proposed to be vacated by said Resolution is unnecessary for present and prospective street 13 purposes. 14 SECTION 2. The Mayor and Common Council of said City do hereby vacate a portion 15 16 of the east/west alley located east of"F" Street, between 5' and 6' Streets in said City, more 17 fully described as follows: 18 The west 150 feet of that certain east/west alley, being a portion of the northerly 3 feet of Parcel 1 of Parcel Map No. 4643, as per plat recorded in Book 50 of Parcel Maps,page 19 21, records of the County Recorder of San Bernardino County, State of California. 20 and also described in said Resolution of Intention No. 2000-1. 21 SECTION 3. Nothing in this Resolution shall in any way affect or disturb any existing 22 23 easements for public utility purposes belonging either to the City of San Bernardino or to any 24 public utility and there is hereby specifically reserved for GTE, its successors, heirs and assigns, 25 an easement to construct, place, operate, inspect, maintain, repair and replace underground and 26 overhead structures consisting of wires, cables and necessary fixtures and appurtenances and said 27 easement shall includes rights of ingress and egress; and there is hereby specifically reserved for 28 G 01/12/00 1 /Ol cs,s /-7 /15n i RESOLUTION ORDERING VACATION-PORTIONS OF THE EASTIWEST ALLEY LOCATED EAST 1 OF"F"STREET BETWEEN 5' AND 6m STREETS. . 2 3 Comcast Cable, its successors, heirs and assigns, an easement to construct, place, operate, 4 inspect, maintain, repair and replace underground and overhead structures consisting of Wires, 5 6 cables and necessary fixtures and appurtenances and said easement shall include rights of ingress 7 and egress. 8 SECTION 4. The City Clerk is hereby authorized and directed to file, or cause to be 9 filed, a certified copy of this Resolution with the County Recorder of San Bernardino County, 10 and shall not take effect until such filing. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Q27 28 01/12/00 2 RESOLUTION ORDERING VACATION—PORTIONS OF THE EAST/WEST ALLEY LOCATED EAST 1 OF°F^STREET BETWEEN 5" AND 61e STREETS. 2 3 I HEREBY CERTIFY that the foregoing resolution was duty adopted by the Mayor and 4 Common Council of the City of San Bernardino at a meeting thereof 5 held on the day f Y , 2000, by the following vote, to wit: 6 7 Council Members: AYES NAYS ABSTAIN ABSENT 8 ESTRADA 9 LIEN 10 MCGINNIS 11 SCHNETZ 12 13 SUAREZ 14 ANDERSON 15 MILLER 16 17 City Clerk 18 The foregoing resolution is hereby approved this day of 2000. 19 20 JUDITH VALLES, Mayor 21 City of San Bernardino 22 Approved as to form 23 and legal content: 24 JAMES F. PENMAN 25 City omey n 26 By: M 27 28 01/27/00 3 1 RESOLUTION NO. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO DIRECTING AND 3 AUTHORIZING THE EXECUTION OF A SALES AND PURCHASE AGREEMENT AND THE EXECUTION OF A QUITCLAIM DEED FOR THE SALE OF A PORTION 4 OF CITY PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF "F" 5 STREET, BETWEEN 5"AND 6" STREETS IN THE CITY OF SAN BERNARDINO. 6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 7 8 SECTION 1. That the Mayor of the City of San Bernardino is hereby directed 9 and authorized to execute on behalf of said City, a Sales and Purchase Agreement, a copy 10 of which attached hereto as Exhibit "A", and a Quitclaim Deed, a copy of which is it attached hereto as Exhibit "B", for the sale of a portion of that certain City property 12 located on the east side of"F" Street, between 5' and 6' Streets, in said Ci ry, 13 , and more 14 fully described in detail in said Exhibit"A"and said Exhibit `B". 15 SECTION 2. Said Agreement shall be null and void if either party fails to 16 execute the Agreement within sixty (60) days of the date of adoption of this Resolution. 17 18 19 20 21 22 23 24 25 26 27 28 01/[2/00 t 1 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT AND QUITCLAIM DEED FOR SALE OF A PORTION OF CITY PROPERTY LOCATED ON THE EAST SIDE OF°F"STREET, 2 BETWEEN 5r"AND 6' STREETS. 3 4 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and 5 Common Council of the City of San Bernardino at a meeting thereof 6 held on the day of 20_, by the following vote, to 7 wit: 8 Council Members: AYES NAYS ABSTAIN ABSENT 9 ESTRADA 10 II LIEN 12 MCGINNIS 13 SCHNETZ 14 SUAREZ 15 ANDERSON 16 17 MILLER 18 19 City Clerk 20 The foregoing resolution is hereby approved this day of 20 21 22 23 JUDITH VALLES, Mayor 24 Approved as to form City of San Bernardino and legal content: 25 JAMES F. PENMAN 26 City Attorney 27 By: � 28 / 011/12/2000 2 (See companion Item Res 2000-28) 1 RESOLUTION NO.2000-27 2 RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING THE 3 VACATION OF A PORTION OF THAT CERTAIN EAST/WEST ALLEY LOCATED EAST OF "F" STREET, BETWEEN 5TH AND 6T STREETS AND RESERVING 4 PUBLIC UTILITY EASEMENTS. 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 6 OF SAN BERNARDINO AS FOLLOWS: 7 SECTION 1. That the Mayor and Common Council of the City of San Bernardino 8 having heard the evidence offered in relation to the ro osed vacation of P P portions of the 9 10 east/west alley located east of"F" Street, between 5' and 6' Streets in said City, described in 11 Resolution of Intention No. 2000-1, hereby find from all of the evidence submitted that such 12 street proposed to be vacated by said Resolution is unnecessary for present and prospective street 13 purposes. 14 SECTION 2. The Mayor and Common Council of said City do hereby vacate a portion 15 16 of the east/west alley located east of"F" Street, between 51° and 6' Streets in said City, more 17 fully described as follows: 18 The west 150 feet of that certain east/west alley, being a portion of the northerly 3 feet of Parcel 1 of Parcel Map No. 4643, as per plat recorded in Book 50 of Parcel Maps, page 19 21, records of the County Recorder of San Bernardino County, State of California. 20 and also described in said Resolution of Intention No. 2000-1. 21 SECTION 3. Nothing in this Resolution shall in any way affect or disturb any existing 22 23 easements for public utility purposes belonging either to the City of San Bernardino or to any 24 public utility and there is hereby specifically reserved for GTE, its successors, heirs and assigns, 25 an easement to construct, place, operate, inspect, maintain, repair and replace underground and 26 overhead structures consisting of wires, cables and necessary fixtures and appurtenances and said 27 easement shall includes rights of ingress and egress; and there is hereby specifically reserved for 28 01/12/00 1 2000-27 RESOLUTION ORDERING VACATION-PORTIONS OF THE EASTIWEST ALLEY LOCATED EAST 1 OF°F"STREET BETWEEN 5' AND 6T STREETS. 2 3 Comcast Cable, its successors, heirs and assigns, an easement to construct, place, operate, 4 inspect, maintain, repair and replace underground and overhead structures consisting of wires, 5 6 cables and necessary fixtures and appurtenances and said easement shall include rights of ingress 7 and egress. 8 SECTION 4. The City Clerk is hereby authorized and directed to file, or cause to be 9 filed, a certified copy of this Resolution with the County Recorder of San Bernardino County, 10 and shall not take effect until such filing. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 01/12/00 2 2000-27 RESOLUTION ORDERING VACATION—PORTIONS OF THE EAST/WEST ALLEY LOCATED EAST 1 OF°F"STREET BETWEEN 5'a AND 6m STREETS. 2 3 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and 4 Common Council of the City of San Bernardino at a joint regular meeting thereof 5 held on the 7th day f February Y , 2000, by the following vote, to wit: 6 7 Council Members: AYES NAYS ABSTAIN ABSENT 8 ESTRADA x 9 LIEN x 10 x MCGINNIS 11 x SCHNETZ 12 13 SUAREZ x 14 ``ANDERSON x 15 MILLER x 16 � 17 City Clerk 18 The foregoing resolution is hereby approved this 4—day February 2000. 19 20 LES, Mayor 21 ernardino 22 Approved as to form 23 and legal content: 24 JAMES F. PENMAN 25 City orney 26 By: 7h2o /�iu� 27 28 01/27/00 3 11 1 2000-28 SALES AND PURCHASE AGREEMENT THIS AGREEMENT, executed this 7th day of February 2000, by and between the CITY OF SAN BERNARDINO, a municipal corporation ("SELLER") and the ROMAN CATHOLIC BISHOP OF SAN BERNARDINO, a corporation sole, ("BUYER") mutually agree as follows: 1. SELLER, upon payment from BUYER in the amount of One Thousand Five Hundred Dollars ($1,500.00), shall deliver unto BUYER an executed Quitclaim Deed for a portion of that certain real property generally located on the east side of "F" Street, between 5' and 6' Streets, in the City of San Bernardino, ("PROPERTY") being a portion of Assessor's Parcel Number 0134-062-16, more fully described in Exhibit "A", attached hereto and made a part hereof. 2. BUYER shall deliver unto SELLER, cash or certified funds in the amount of One Thousand Five Hundred Dollars ($1,500.00), as payment in full for the purchase of said PROPERTY. 3. SELLER is selling said PROPERTY to BUYER and BUYER accepts from SELLER said PROPERTY in an "as-is" condition, including the existence of any liens, encumbrances and easements on said PROPERTY. 4. BUYER agrees to indemnify, defend and hold harmless the SELLER, its directors, officers, agents and employees from any and all damages or claims for damages of any nature arising out of this Agreement and the actions to be conducted by the BUYER pursuant to this Agreement. 5. BUYER shall pay all recording fees and title fees, including but not limited to title insurance. 6. No obligations other than those set forth herein will be recognized. 2000-28 SALES AND PURCHASE AGREEMENT- PORTION OF CITY PROPERTYLOCATED ON THE EAST SIDE OF "F" STREET, BETWEEN 5"AND e STREETS. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year as set forth above. BUYER: SELLER: CITASBERNARDINO BY:ROMAN CATHOLIC BISHOP OF H VALLES, Mayor SAN BERNARDINO Approved as to form ATTEST: And legal content: JAMES F. PENMAN, /ol, tit✓ City Attorney Rachet-Clark, City Clerk BL 2000-2a EXHIBIT "A" Portion of City property located East of"P" Street, between 5th and 6'h Streets. That portion of Parcel 2 of Parcel Map 5650 as per plat recorded in Book 55 of Parcel Maps, Page 19, records of the County Recorder of San Bernardino County, State of California, described as follows: Beginning at the Southwest corner of Parcel 1 of said Parcel Map 5650; Thence East, along the South line of said Parcel 1, a distance of 150 feet to the Southeast comer thereof, Thence South, along the Southerly prolongation of the East line of said Parcel 1, a distance of 10 feet to the South line of Parcel 2 of said Parcel Map 5650; Thence West, along the South line of said Parcel 2, a distance of 150 feet to the West line thereof, Thence North, along said West line, a distance of 10 feet to the Point of Beginning. Contains 1500 square feet, ± 2000-28 L + 6th STREET + 598.29' FELDHEYM LIBRARY ----------------------1 I I I I MSGR BRADLEY HALL I I Par. 2 F W N I I W W I Car Pail � r Li i n---- Deraa— I �� gyp, L15Par. 1 GJ� 0' n Q No Scale Par. 1 Par. 2 \rl� Par. 3 LLJ ., hp ST. BERNARDINE 'tj+ CHURCH A. N Q� N 165.90' 235' 196.30' + 5th STREET + Sale of a portion of City CITY OF SAN BERNARDINO property shown thus: DEVELOPMENT SERVICES Area to be vacated REAL PROPERTY SECTION shown thus: ® PLAN NO. 10025 / Created by: f Date: q q City Engin er Checked by: Date: /-' 7-77 File No.: 15.30-350 City Property No.: 06 2000-26 REQUESTED BY AND WHEN RECORDED MAIL TO: Roman Catholic Bishop of San Bernardino c/o St.Bernardine Church 531 N."F"Street San Bernardino,CA 92410 APN:0134-062-16 SPACE ABOVE FOR RECORDER'S USE QUITCLAIM DEED FOR A VALUABLE CONSIDERATION,receipt of which is hereby acknowledged,the CITY OF SAN BERNARDINO,a municipal corporation, does hereby REMI SE, RELEASE AND FOREVER QUITCLAIM to the ROMAN CATHOLIC BISHOP OF SAN BERNARDINO, a corporation sole, the following real property located in the City of San Bernardino, County of San Bernardino, State of California, described as follows: LEGAL DESCRIPTION ATTACHED AS EXHIBIT"A" CITY OF SAN BERNARDINO, OATS: 021,971,00 a rani ' al corporation By: � ITH VALLES, Mayor ACKNOWLEDGEMENT OF 434"0 ): STATE OF CALIFO COUNTY OF � ,(���/ �}, S.S. On — 7- 7 before me,- ` L6 67V v - (�e'7�}'` 7 personally appeared _i/ W,fti Iles , 12ia�a (- personally(mown to me )to be the person(6)whose name(A) is/aP`subscribed to the within instrument and acknowledged to me that jte/she/they executed the same in bi5/ber/thee authorized capacity(o),and that by)z a/her/tW signature(s)on the instrument the person(z),or the entity on behalf of which person( ]acted,executed the instrument. WITNESS my hand and official seal. C. G `�•,• CDnm.ki 145063 // � aU1 BEPD&IC-CtiFGflIM� eNNN4NDIHO DODNry Signature Ero +o9 z.aaD, . 2000-28 EXHIBIT "A" Portion of City property located East of"F" Street, between 5'" and 6" Streets. That portion of Parcel 2 of Parcel Map 5650 as per plat recorded in Book 55 of Parcel Maps, Page 19, records of the County Recorder of San Bernardino County, State of California, described as follows: Beginning at the Southwest corner of Parcel 1 of said Parcel Map 5650; Thence East, along the South line of said Parcel 1, a distance of 150 feet to the Southeast corner thereof; Thence South, along the Southerly prolongation of the East line of said Parcel 1, a distance of 10 feet to the South line of Parcel 2 of said Parcel Map 5650; Thence West, along the South line of said Parcel 2,a distance of 150 feet to the West line thereof; Thence North, along said West line, a distance of 10 feet to the Point of Beginning. Contains 1500 square feet, ± 2000-2s L + 6th STREET + 596.29' I FELDHEYM LIBRARY r-----------------------1 I I I I MSGR BRADLEY HALL Par. 2 I— W m I I W W I 7/�j7 I W / / Carport I I �p (n n---- DETAIL---------) t��\ Par. 1 150' n Q No Scole Par. 1 Par. 2 rL� Par. 3 Li ST. BERNARDINE �'Lj• `� d CHURCH 165.90' 235' 196.30' + 5th ST REET + � I I � Sale of a portion of City CITY OF SAN BERNARDINO property shown thus: DEVELOPMENT SERVICES Area to be vacated REAL PROPERTY SECTION shown thus: ® PLAN NO. 10025 j Created by: T Date: q �q City Engin er Checked by: Date: File No.: 15.30-350 City Property No.: 06