HomeMy WebLinkAbout7288RESOLUTION NO 7288
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS
DECLARING ITS INTENTION TO ABANDON PROPERTY ACQUIRED
FOR PURPOSES OF A PUBLIC PARK
WHEREAS, the Municipal Park Abandonment Law of 1939 (Government Code
Section 38501 et seq ) (the "Park Abandonment Law") authonzes the legislative body of a city
to abandon all or any portion of a park and sell the land if the legislative body finds that any
portion of the purported park has not been used for park purposes, that only the city has paid
consideration for the land, that no public funds have been expended to improve the land as a
park, and that the land purchased for park purposes is not appropriate, convenient, or necessary
for park purposes, and
WHEREAS, the Park Abandonment Law requires that the legislative body of the city
adopt a resolution of intention describing the park, or the portion of the park, the legislative
body proposes to be abandoned and setting a time to take final action at least thirty (30) days
after the adoption of the resolution of intention, and
WHEREAS, the resolution of intention must be published for three consecutive weeks
in a newspaper of general circulation and at least four copies of the resolution of intention
must be posted not more than one hundred (100) feet apart along the boundaries of the park
pursuant to Government Code Section 38504, and
WHEREAS, the legislative body of the city must meet, and hear and pass on objections
to the abandonment of all or a portion of the park, but the proceedings shall terminate if the
legislative body sustains any objection pursuant to Government Code Section 38505; and
WHEREAS, m 1912, and in consideration of the City's payment of One dollar ($1 00),
the City of Redlands ("City") purchased approximately 5 1 acres of vacant land for park
purposes (the "Original Park Property"), and no other entity provided consideration for the
City's purchase of the Onginal Park Property, and
WHEREAS, in the 1930s, Highway 99 (Redlands Boulevard) was constructed and
bisected the Onginal Park Property, resulting in the creation of an approximately 1 37 acre
parcel (the "Severed Property') north of Highway 99, and
WHEREAS, histoncal documentation that has been reviewed by the City shows that
commercial oil storage tanks and associated facilities had been constructed and installed on the
Severed Property at least since 1938, and
WHEREAS, additional histoncal documentation demonstrates that, in the late 1970s,
the City continued commercial use of the Severed Property by leasing the oil storage tanks and
associated facilities for use by Conrock Co , and
Ierka;Resolut
01 7299\7258 Park Ahandonrnent.doc
WHEREAS, although the City acquired the Original Park Property with the intent of
constructing park facilities thereon and has since done so and operates the Ongmal Park
Property as a public park, the Severed Property has been historically used by the City and
others for commercial purposes not related to the park uses on the Onginal Park Property, and
no park improvements have been constructed on the Severed Property; and
WHEREAS, it is the recommendation of City staff that the Severed Property is not
appropriate, convenient, or necessary for future park purposes based on the City's existing
inventory of property available to the City for additional park development, and
WHEREAS, pursuant to Government Code Section 65402, on June 11, 2013, the
Planning Commission of the City has determined that the abandonment and sale of the
Severed Property would not be inconsistent with the City of Redlands General Plan,
NOW, THEREFORE, be it resolved by the City Council of the City of Redlands as
follows
Section 1 All facts as set forth in the recitals of this Resolution are true and
correct, and this Resolution is based on the infoiination set forth in the report to the City
Council dated July 2, 2013, as well as any information submitted to or considered by the City
Council during its deliberations on this matter
Section 2 The City Council declares its intention to abandon the Severed Property,
which is legally described in Exhibit "A" and depicted in Exhibit "B," which exhibits are
attached hereto and made a part hereof
Section 3 This abandonment proceeding is conducted pursuant to the Municipal
Park Abandonment Law of 1939 (Government Code section 38501 et seq )
Section 4 The City Council hereby designates its regular City Council meeting of
September 3, 2013, at 6 00 p m , or as soon thereafter as the matter may be heard, as the date
and time to hear and consider abandonment of the Severed Property for park purposes At that
time, the City Council shall consider all public comments wntten and oral in support of and
opposed to the proposed action
Section 5 The City Clerk is hereby directed to publish this Resolution as notice of
the time and place of heanng in accordance with Sections 6063 and 38504 of Government
Code which require publications of this Resolution once a week for three successive weeks in
a newspaper of general circulation, and the City staff is directed to conspicuously post no less
than four copies of this Resolution no less than one hundred (100) feet apart along the
boundaries of the Severed Property
;Ierk\Resolunons\Res 7201-7299\7288 Park Abandon
2
#,doc
ADOPTED, SIGNED AND APPROVED this 2nd day of July, 2013
Peter Aguilar:Mayor
I, Sam Irwin, City Clerk of the City of Redlands, hereby certify that the foregoing Resolution
was duly adopted by the City Council at a regular meeting thereof, held on the 2nd day of July
2013, by the following vote
AYES Councilmembers Foster, Gardner, Gilbreath, Mayor Aguilar
NOES None
ABSENT None
ABSTAIN Councilmember Harrison
Sam Irwin, City C
"cclerk \Resolubons\Res 7201-7299'7288 Park Abandonment dee
EXHIBIT
«A»
Aerial Photo of Subject Property
4
C \Documents and Settings\tbalbnger\Local Settings\Temporary Internet Files\OLKF9\7288 Park Abandonment (21.doc
EXHIBIT
Legal Description
For AP V/Parcel ID(s): 0171-022-13
All those portions of the Southwest Quarter of Block 28, The North Half of Block 29,
and Park Avenue, vacated by Resolution No. 315 Adopted March 17, 1915 by the
Board of Trustees of the City of Redlands, of Barton Ranch, in the City of Redlands,
County of San Bernardino, State of California, as shown by map on file in Book 6,
page 19 of Maps, in the office of the county recorder of said county., lying south of
the right of way of the Southern California Railway Company (San Bernardino Branch
of the Atchison, Topeka & Santa Fe Railroad) and Tying northeasterly of Redlands
Boulevard (formerly West Central Avenue) as established by Final Judgment in
Condemnation in Superior court, San Bernardino County, Case No. 36900, a certified
copy thereof recorded August 31, 1938 in book 1292, page 402, Official Records.
Excepting therefrom that portion conveyed to the Gregory Fruit Company, a
Corporation, by deed recorded December 22, 1910 in book 469, page 69 of Deeds.
Also except therefrom that portion conveyed to Standard Oil Company, a
Corporation, by deed recorded March 2, 1911 in book 472, page 184 of Deeds.
5
C \Documents and Settmgs\tballinger\Local Sethngs\Tempdrary Internet Files\OLKF9\7288 Park Abandonment (2) doc