1 RESOLUTION NO. ________
A RESOLUTION OF INTENTION OF THE CITY COUNCIL
OF THE CITY OF FONTANA TO ABANDON AND SELL
UNDEVELOPED PARKLAND PURSUANT TO THE
MUNICIPAL PARK ABANDONMENT LAW OF 1939
(GOVERNMENT CODE SECTIONS 38501 ET SEQ.)
WHEREAS, on September 23, 1997 the City of Fontana (“City”) acquired a parcel of vacant parkland by quit -claim deed identified as APN 0237- 411-13, as more particularly described in Exhibit “A” (“Property”); and
WHEREAS, the Property was formally accepted by the City on May 2, 1999; and
WHEREAS, the Property is approximately ten (10) acres in size; and
WHEREAS, the Property was never formally dedicated as a “ park” or developed as a park, never used by the public as a park, nor were City funds were ever used to make improvements to the Property; and
WHEREAS, the Municipal Park Abandonment Law of 1939, codified at Government Code sections 38501 et seq. (the “Act”) authorizes the City to sell land that was dedicated for parkland purposes; and
WHEREAS, the City finds that the Property has not been used by the public for park purposes, that no consideration has been paid for the parkland , and that no public funds have been expended to improve the land as a park; and
WHEREAS, in order for the City to sell the Property, the City must first abandon the Property in accordance with the Act.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FONTANA DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. The above recitals are true and correct and are incorporated herein by reference and made a substantive portion of this Resolution.
Section 2. It is the intention of the City Council of the City of Fontana to abandon and sell the Property pursuant to the provisions of the Municipal Park Abandonment Law of 1939.
Section 3. A map showing the P roperty to be abandoned and sold is on file in the Office of the City Clerk at 8353 Sierra Avenue, California, 92335 and is available for public inspection during the City’s normal business hours.
2 Section 4. The proposed abandonment is set for a public hearing at 7:00 p.m. or as soon thereafter as the matter can be heard, on April 12, 2022 in the City of Fontana, California.
Section 5. A copy of this Resolution shall be published and posted in the manner prescribed by Section 38504 of the Government Code.
PASSED AND ADOPTED by the City Council of the City of Fontana at a regular meeting of the City Council on February 22, 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_______________________________
Acquanetta Warren, Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
Ruben Duran, City Attorney
3 Exhibit “A”
Legal Description of Parkland
LOT 11 OF TRACT NO. 15117, IN THE CITY OF FONTANA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 275, PAGES 66 THROUGH 90, INCLUSIVE, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
APN: 0237-411-13-0-000