Resolution No. 2022-XX Page 1 of 2
DRAFT
RESOLUTION NO. 2022-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FREMONT
FINDING CERTAIN REMNANT PARCELS CONSTITUTE EXEMPT
SURPLUS LAND AND APPROVING THE QUITCLAIM OF THESE
PARCELS TO SUNHILL ENTERPRISES, LLC.
WHEREAS, as part of the Downtown Community Plan (DCP), adopted by City Council in 2012, the City extended Capitol Avenue between State Street and Fremont Boulevard, and the street extension resulted in unused, remnant parcels, considered excess land, that are no longer needed to serve a public purpose; and
WHEREAS, pursuant to California Government Code Section 54221 et seq., the City may dispose of excess surplus land upon the governing body taking formal action in a regular public meeting, declaring that the land is surplus and is not necessary for the City’s use; and
WHEREAS, in accordance with the terms of the Sunhill Enterprises settlement agreement approved by the City Council, the City agreed to convey the remnant parcels to Sunhill Enterprises; and
WHEREAS, under Government Code Section 54221(f)(1), the remnant parcels are considered “exempt surplus land” because: 1) the remnant parcels have no record access and are less than 10,000 square feet in area, individually or cumulatively, and are not contiguous to land owned by a state or local agency that is used for open-space or low- or moderate-income housing purposes; and/or 2) the remnant parcels were part of a larger parcel that was acquired by the City as former right of way to extend Capitol Avenue, from State Street to Fremont Boulevard, that are no longer needed for a public purpose.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fremont, as follows:
SECTION 1. Pursuant to Government Code Section 54221(f)(1), the City Council finds that, based on the information contained in the May 3, 2022 City Council report and attachment, the remnant parcels identified in Exhibit A, incorporated herein by this reference, constitute excess surplus land, that are no longer needed for a public purpose.
SECTION 2. The City Council approves the disposition of the remnant parcels and quitclaim of the parcels to Sunhill Enterprises in accordance with the terms of the settlement agreement.
SECTION 3. The City Council directs the City Manager to execute the Quitclaim Deed in accordance with the terms and conditions of the Settlement Agreement and Release dated February 11, 2022 by and between the City and Sunhill Enterprises, LLC.
Resolution No. 2022-XX Page 2 of 2
SECTION 4. The disposition of the land is an action that is categorically exempt under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15312, Surplus Government Property Sales.
SECTION 5. The City Clerk is directed to cause a certified copy of this resolution, attested by her under seal, to be recorded in the office of the County Recorder of Alameda County after the above conditions are met.
ADOPTED, , 2022, by the City Council of the City of Fremont by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney