HomeMy WebLinkAbout10- Development Services ORICIPJAL
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: MICHAEL E. HAYS,Director Subject:Resolution of Intention--Vacation of a
Portion of the East/West Alley East of"F" Street,
Dept: Development Services between 5s & 6s' Streets and Resolution setting public
hearing for the sale of a portion of City property
Date: December 9, 1999 located East of"F" Street,between 5t'and 6h Streets.
File No. 15.30-350
Synopsis of Previous Council Action: MCC Date: 01-10-2000
10-18-99—Authorization to Proceed with the sale of a portion of City property located east of
"F" Street, between 5fl' and 6s' Streets and the vacation of a portion of the east/west alley east of
"F" Street, between 5d' and 6`s Street was granted and processing fees were waived and Plan
No. 10025 was approved.
Recommended Motion:
ADOPT RESOLUTIONS (2)
Michael . Hays
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 Pr perty/ Salaries
Finance: ,
Council Notes:
Agenda Item No. /D
l/rof a000
CITY OF SAN BERNARDINO —REQUEST FOR COUNCIL ACTION
Staff Report
SUBJECT:
Resolution of Intention-- Vacation of a Portion of the East/West Alley East of F" Street,
between 5�' & 6th Streets and Resolution setting public hearing for the sale of a portion of City
property located East of"17" Street,between 5 and 6h Streets.
BACKGROUND:
On 10-18-1999,this office was authorized to proceed with the sale of a portion of City propert
being 10 foot in width and 150 foot in length, located on the east side of"17" Street, between 5
and 6s' 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's 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
lot 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 wide 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. Staff has checked comparables of recent land sales and found a range
of$3.50 to $4.00 a square foot. However, since this is only a 10 foot strip and not developable
by itself, staff feels that a nominal value of$1500 would be more appropriate.
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 granted on 10-18-1999.
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.
A Resolution of Intention for the proposed vacation has been attached for your action. A
Resolution declaring fair market value and setting a public hearing for the proposed sale has also
been attached. 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.
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
Staff Report- continued
FINANCIAL IMPACT:
$1,000 cost to City for vacation proceedings; $1,500 revenue to City from sales proceeds.
RECOMMENDATION:
Staff recommends that the Resolution of Intention for the proposed vacation and the Resolution
determining fair market value and setting a public hearing relative to the proposed sale be
approved.
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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 "I"' Street, betweem 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, F�oga55y Date: IO/4/1999
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Par. 1
150' n Q
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Par. 1 Par. 2 \rl� Par. 3
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165.90' 235' 196.30'
+ 5th STREET +
F
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: � � T�— Date:
J city Engin er Checked by: Date:
File No.: 15.30.350 City Property No.: 06
I
1 RESOLUTION-NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING ITS
3 INTENTION TO ORDER THE VACATION OF A PORTION OF THAT CERTAIN
EAST/WEST ALLEY LOCATED EAST OF "F" STREET, BETWEEN 5"' AND 6T"
4 STREETS AND RESERVING PUBLIC UTILITY EASEMENTS.
5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
6 SAN BERNARDINO AS FOLLOWS:
7 SECTION 1. That the Mayor and Common Council of the City of San Bernardino
8 hereby declares its intention to order the vacation of a portion of that certain east/west alley east
9 of"F" Street, between 5' and 6' Streets in said City, described as follows:
10
The west 150 feet of that certain east/west alley, being a portion of the northerly 3 feet of
11 Parcel 1 of Parcel Map No. 4643, as per plat recorded in Book 50 of Parcel Maps, page
12 21, records of the County Recorder of San Bernardino County, State of California.
13
14 SECTION 2. That the Mayor and Common Council of the City of San Bernardino, in
15 vacating the above described portion of said street, elects to proceed under and in accordance
16 R1ith the provisions of the "Public Streets, Highways, and Service Easements Vacation Law",
17 being Division 9, Part 3, of the Street and Highways Code of the State of California.
18 SECTION 3. That the hour of 10:00 a.m., on February 7, 2000, in the Council
19 Chambers of City Hall, 300 North "D" Street, San Bernardino, California, is fixed as the time
20
21 and place when and where all persons interested in or objecting to the proposed vacation may
22 appear before the said Mayor and Common Council and offer evidence in relation thereto. For
23 further particulars as to the proposed vacation, see that map marked "Plan No. 10025", approved
24 on October 18, 1999, attached as Exhibit `A'.
25 SECTION 4. Nothing in this Resolution shall in any way affect or disturb any existing
26
27 easements for public utility purposes belonging either to the City of San Bernardino or to any
28 public utility and there is hereby specifically reserved for GTE, its successors, heirs and assigns
01/03i00 1 p/`/0/_Zelz q'� /
RESOLUTION OF INTENTION-VACATION OF THE EAST/WEST ALLEY LOCATED EAST OF°F"
j STREET,BETWEEN 5' AND 6'H STREETS.
2
3 an easement to construct, place, operate, inspect, maintain, repair and replace underground and
4 overhead structures consisting of wires, cables and necessary fixtures and appurtenances and said
5 easement shall include rights of ingress and egress; and there is hereby specifically reserved for
6 Comcast Cable, its successors, heirs and assigns, an easement to construct, place, operate,
7 inspect, maintain, repair and replace underground and overhead structures consisting of wires,
8
9 cables and necessary fixtures and appurtenances and said easement shall include rights of ingress
10 and egress;
11 SECTION 5. That the City Engineer of the City of San Bernardino hereby is directed to
12 cause Notices of Street Vacation to be posted as required by said "Public Street, Highways and
13 Service Easements Vacation Law."
11
15 SECTION 6. That the City Clerk shall certify to the adoption of this Resolution of
16 Intention and shall cause the same to be published once a week for two successive weeks in The
17 San Bernardino County Sun, a newspaper published and circulated in the City of San
18 Bernardino, prior to the above date set forth for the public hearing.
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01/03/00 Z
RESOLUTION OF INTENTION-VACATION OF THE EAST/WEST ALLEY LOCATED EAST OF°F"
1 STREET,BETWEEN 5m AND 6'H 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 meeting thereof
5 held on the day of 20—, by the following vote, to
6 wit:
7 Council Members: AYES NAYS ABSTAIN ABSENT
8
ESTRADA
9
10 LIEN
11 MCGINNIS
12 SCHNETZ
13 SUAREZ
14
ANDERSON
15
16 MILLER
17
18 City Clerk
19 The foregoing resolution is hereby approved day of 20
20 3 -
21
JUDITH VALLES, Mayor
22
Approved as to form City of San Bernardino
23 and legal content:
24 JAMES F. PENMAN
25 City ttomey
26 By
27
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01/03/00 3
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Par. 1 4J�
150' Q
No
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Par. t Par. 2 \rL1 Par. 3
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ST BERNARDINE 'Lj• n
CHURCH
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165.90' 235' 1 196.30'
+ 5th STREET +
7
EXHIBIT "A"
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: ry Date: -�
-
City Engin er Checked by: Date:
File No.: 15.30.350 �'T' City Property No.: 06
1 RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING AND
3 SETTING THE FAIR MARKET VALUE AND SALES PRICE OF $1,500.00 AND
DECLARING THE INTENTION OF THE CITY TO SELL A PORTION OF CITY
4 PROPERTY LOCATED ON THE EAST SIDE OF "F" STREET, BETWEEN 5m AND
6"' STREETS IN THE CITY OF SAN BERNARDINO, TO THE ROMAN CATHOLIC
5 BISHOP OF SAN BERNARDINO AND SETTING A PUBLIC HEARING TO
6 CONSIDER SAID SALE.
7 WHEREAS, the City of San Bernardino, a municipal corporation, is the owner of the
8 hereinafter described parcel of real property, 10 feet in width and 150 feet in length, and
9 approximately 1,500 square feet in area, generally located on the east side of"F" Street, between
10
it 5' and 6' Streets in the City of San Bernardino, State of California, more fully described below;
12 and
13 WHEREAS, the Mayor and Common Council of said City find and determine that there
14 is no necessity for the City' ownership of said Real property; and
15 WHEREAS, the Mayor and Common Council of said City believe it is in the best
16
17 interest of the City that said parcel of real property be disposed if at fair market value; and
18 WHEREAS, staff has recommended that the nominal amount of One Thousand Five
19 Hundred Dollars ($1,500.00) be determined as the fair market value of said real property; and
20 WHEREAS, St. Bemardine's Church, on behalf of the Roman Catholic Bishop of San
21 Bernardino, has expressed a desire to purchase said real ro e
P P rtS'; and
22
23 WHEREAS, pursuant to Section 2.65.030, City owned property valued at less than
24 Twenty Five Thousand Dollars ($25,000.00) may be sold without the need for competitive bid,
25 so long as the sales price is not less than the fair market value of said real property.
26 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
27 SAN BERNARDINO AS FOLLOWS:
28 SECTION 1. The public interest and convenience require the sale of vacant City owned
01/03/00 t /r z�; /3, /n
RESOLUTION ESTABLISHING FAIR MARKET VALUE AND SETTING A PUBLIC HEARING FOR THE
1 SALE OF A PORTION OF CITY PROPERTY LOCATED ON THE EAST SIDE OF"F' STREET, BETWEEN
5"'AND 6' STREETS.
2
3 real property, approximately 1,500 square feet in area, located on the west side of "F" Street,
4 between 5" and 6" Streets in said City.
5
6 SECTION 2. It is therefore the intention of the Mayor and Common Council of the City
7 of San Bernardino to sell said real property to the Roman Catholic Bishop of San Bernardino.
8 SECTION 3. The Mayor and Common Council do hereby find and determine that the
9 Fair Market Value of the property and sales price is One Thousand Five Hundred Dollars
10 $1,500.00).
11
12 SECTION 4- Mayor and Common Council of the City of San Bernardino do hereby
13 set a public hearing to be held on February 7, 2000, 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 Bernardino, California, relative to the proposed sale.
16 SECTION 5- and oral protest to such sale may be submitted and shall be
17
18 received at or prior to the public hearing. Written protests may also be submitted to the City
19 Clerk's Office, City Hall, 300 N. "D" Street, San Bernardino, California, prior to the public
20 hearing.
21 SECTION 6. It is the intent of the Mayor and Common Council to consider and approve
22 said sale at the public hearing, said property more particularly described as follows:
23
24 That portion of Parcel 2 of Parcel Map 5650 as per plat recorded in Book 55 of
25 Parcel Maps, Page 19, records of the County Recorder of San Bernardino County, State
26 of California, described as follows:
27
28
01/03/00 2
RESOLUTION ESTABLISHING FAIR MARKET VALUE AND SETTING A PUBLIC HEARING FOR THE
1 SALE OF A PORTION OF CITY PROPERTY LOCATED ON THE EAST SIDE OF "F' STREET, BETWEEN
5" AND 6T STREETS.
2
3 Beginning at the Southwest comer of Parcel I of said Parcel Map 5650;
4 thence East, along the South line of said Parcel 1, a distance of 150 feet to the
5
6 Southeast comer thereof, thence South, along the Southerly prolongation of the
7 East line of said Parcel 1, a distance of 10 feet to the South line of Parcel 2 of said
8 Parcel Map 5650; thence West, along the South line of said Parcel 2, a distance of
9 150 feet to the West line thereof; thence North, along said West line, a distance of
10
10 feet to the Point of Beginning.
11
12 SECTION 7. Notice of the public hearing shall be published in The San Bernardino
13 County Sun, a newspaper of general circulation, at least once prior to the public hearing and shall
14 be posted in at least 3 conspicuous places on the property at least(10) days prior to the hearing.
15
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01/06/00 3
RESOLUTION ESTABLISHING FAIR MARKET VALUE AND SETTING A PUBLIC HEARING FOR THE
1 SALE OF A PORTION OF CITY PROPERTY LOCATED ON THE EAST SIDE OF °F" STREET, BETWEEN
5TM AND 6TM STREETS.
2
3 1 HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
4
Common Council of the City of San Bernardino at a meeting thereof
5
6 held on the day of 20 by the following vote, to
7 wit:
8 Council Members: AYES NAYS ABSTAIN ABSENT
9 ESTRADA
10
LIEN
11
MCGINNIS
12
13 SCHNETZ
14 SUAREZ
15 ANDERSON
16 MILLER
17
18
lg City Clerk
20 The foregoing resolution is hereby approved this day of 20
21
22 JUDITH VALLES, Mayor
City of San Bernardino
23 Approved as to form
24 and legal content:
25 JAMES F. PENMAN
26 City orney
27 By:
28
01/03/00 q