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22-448 Resolution - FMC Section 4-204(d)(4)

Fresno City Council
March 24, 2022

Document
22-448 Resolution - FMC Section 4-204(d)(4)
Meeting
March 24, 2022
Body
Fresno City Council
Original file
83 KB
Text extracted from the city's file for reading and search. Open the original on legistar2.granicus.com. That file is the official record.

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Date Adopted:

Date Approved:

Effective Date:

City Attorney Approval: TWR Resolution No. ____________ RESOLUTION NO. ____________

A RESOLUTION OF THE COUNCIL OF THE CITY OF

FRESNO, CALIFORNIA, FINDING SUBSTANTIAL

COMMUNITY BENEFITS RESULTING FROM THE SALES

AGREEMENT THAT JUSTIFY A PRICE LESS THAN FAIR

MARKET VALUE PURSUANT TO FRESNO MUNICIPAL
CODE SECTION 4 -204 RELATING TO THE DISPOSITION
OF REAL SURPLUS PROPERTY APN 459-282-13T (First
Street & Nevada Avenue).

WHEREAS, the 7,405 square foot City owned parcel of undeveloped land located on the northwest corner of North First Street and East Nevada Avenue, APN: 459- 282- 13T was previously declared surplus by the City Council on January 7, 2021, Resolution No. 21-095; and
WHEREAS, pursuant to FMC Section 4- 204(d)(4), the City shall not approve any purchase and sale agreement, disposition and development agreement, or any other agreement that would cause or allow City owned real property to be conv eyed, except upon specified terms and conditions; and
WHEREAS, one of those terms requires that purchase prices shall be at fair market appraised value, unless the Council makes findings there are substantial community benefits resulting from the sales agr eement that justify a price less than market value; and
WHEREAS, an appraisal was conducted on this property by Scott E. Rurik, MAI of Scott Appraisal Co., with a total value of $8,700 which was subsequently rejected by the owner and made a counteroffer to pay $5,000 cash; and
WHEREAS, the price is justified and would provide substantial community benefits due to the undevelopable nature of the parcel, its small size, and that 0.10 of the 0.17

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acres will be dedicated by way of an easement to the City of Fresno which shall include the sidewalk, curb and gutter, and area extending into North First Street; and WHEREAS, in addition, there have been challenges over the years to the community and to the City in maintaining the parcel free of blight and Mr. Guevara plans to keep the pocket park and secure it with access to the adjacent property owners and neighbors; and
WHEREAS, the City has a significant interest in encouraging development and eliminating blight whenever possible; and
WHEREAS, development of this property would also generate revenue for the City through the tax rolls and confer further substantial benefit to the public.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Fresno as follows:

1. The Council hereby makes findings that there are substantial community benefits resulting from the sales agreement that justify the sales price of $5,000.00 to adjacent property owner Mark Guevara pursuant to FMC Section 4-204(d)(4).

2. This resolution shall be effective upon final approval.

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STATE OF CALIFORNIA )
COUNTY OF FRESNO ) ss.

CITY OF FRESNO )
I, TODD STERMER , CMC, City Clerk of the City of Fresno, certify that the foregoing resolution was adopted by the Council of the City of Fresno, at a regular meeting held on the day of 2022.

AYES :

NOES :

ABSENT :

ABSTAIN :

TODD STERMER, CMC
City Clerk

By:

Deputy Date
APPROVED AS TO FORM:

DOUGLAS T. SLOAN
City Attorney

By:

Taylor W. Rhoan Date
Deputy City Attorney

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