HomeMy WebLinkAbout13-022 Resolution to Abandon and Sell Unused City Property Near Gardiner between 18929 and 18937 HarleighRESOLUTION NO. 13 -022
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA TO
ABANDON AND SELL UNUSED CITY PROPERTY LOCATED NEAR GARDINER
PARK BETWEEN 18929 AND 18947 HARLEIGH DRIVE, APPROVING A REQUEST
FOR BIDS AND PURCHASE AND SALE AGREEMENT, AND DIRECTING STAFF TO
TRANSFER THE PROPERTY
WHEREAS, in 1965 the City was granted a 2260 square -foot parcel located near
Gardiner Park between 18929 and 18947 Harleigh Drive, APN # 38929007 ( "Property "); and
WHEREAS, the minutes of the meeting at which the Property was accepted indicate that
the parcel was intended for recreational use and circumstances show that it was likely meant to
serve as an access parcel to what is now Gardiner Park; and
WHEREAS, the Property is unnecessary for access to Gardiner Park because a separate
access parcel was obtained and developed off of Portos Drive; and
WHEREAS, the Property is unused and development for use would require the costly
construction of a bridge over Wildcat Creek; and
WHEREAS, on February 5, 2013, the Parks and Recreation Commission considered the
proposed sale of the Property and recommended that the Property be sold; and
WHEREAS, on February 27, 2013, the Planning Commission adopted Resolution No.
13 -008, finding that the proposed sale of the Property is consistent with the City of Saratoga
General Plan; and
WHEREAS, on March 6, 2013, the City Council adopted Resolution No. 13 -010, in
which it (1) found that sale of the Property and merger with the buyer's parcel is exempt from
the California Environmental Quality Act under California Code of Regulations sections
15061(b)(3), 15301, 15303(a), and 15305; (2) found that the Property has never been used by the
public for park purposes, no consideration was paid for the land by the City or any other party,
and no public funds have been expended to improve the land as a park; (3) adopted a resolution
of intention to abandon and sell the Property; (4) set the regularly scheduled City Council
meeting on April 17, 2013 as the time when the City Council will meet to hear any objections to
the proposed abandonment and determine whether to abandon and sell the property; and (5)
directed staff to prepare bid procedures and a form purchase and sale agreement and to publish
and post the resolution of intention as required by state law; and
WHEREAS, pursuant to Government Code 38504, Resolution No. 13 -010 was properly
posted on the four corners of the Property from March 21, 2013 to April 15, 2013, published on
March 26, April 2, and April 9, 2013 in the Saratoga News, and was additionally mailed to the
adjoining property owners; and
WHEREAS, on April 17, 2017, the City Council held a public hearing to hear objections
to the proposed abandonment and sale of the Property; and
WHEREAS, the City Council wishes to abandon the Property, sell it to the adjacent
property owner willing to pay the highest price at or above fair market value through a public
bidding process, and merge the Property with the buyer's parcel.
NOW, THEREFORE, BE IT RESOLVED that the CITY COUNCIL OF THE CITY
OF SARATOGA hereby:
1. Finds that the objections to the City's abandonment and sale of the Property do not
warrant the City's retention of the Property.
2. Finds that the sale of the Property and merger with the buyer's parcel is exempt from the
California Environmental Quality Act under California Code of Regulations sections
15061(b)(3), 15301, 15303(a), and 15305.
3. Approves the Request for Bids and form Purchase and Sale Agreement attached to the
Staff Report for this matter.
4. Orders the Property abandoned and sold pursuant to the procedures and requirements
established in the Request for Bids and under substantially the terms of the form Purchase
and Sale Agreement and hereby approves any such sale.
5. Authorizes the City Manager to execute the Purchase and Sale Agreement with the
offeror making the highest qualifying bid pursuant to the Request for Bids.
6. Authorizes the City Manger to revoke the City's license agreement with the landowners
of 18947 Harleigh Drive, and to order the improvements removed if necessary.
7. Authorizes the City Manager, the Director of Public Works, and the City Attorney to take
all steps necessary to transfer the Property to the successful bidder, including executing
the Quitclaim Deed.
8. Directs staff to allocate proceeds from the sale of the Property for parks and /or trail
purposes.
9. Directs the Community Development Department to initiate a merger of the Property
with the buyer's parcel under City Code Article 14 -65 (Merger of Parcels), if the
Property is sold.
Passed and adopted on the 17'h day of April, 2013 by the CITY COUNCIL OF THE CITY OF
SARATOGA by the following vote of the members thereof:
AYES: Council Member Chuck Page, Manny Cappello, Vice Mayor Emily Lo, Mayor
Jill Hunter
NOES: None
ABSENT: Council Member Howard Miller
ABSTAIN: None
iV unter, Mayor
ATTEST:
O�dmi atd� p DATE: 1 2013
CrysA 1 Bothelio, City Clerk
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