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Date Adopted:
Date Approved:
Effective Date:
City Attorney Approval: ______ Resolution No. ____________ RESOLUTION NO. ____________
A RESOLUTION OF THE COUNCIL OF THE CITY OF
FRESNO, CALIFORNIA, DECLARING APNS
510-326-32T AND 510-3 26-33T TO BE SURP LUS AND
DIRECTING STAFF TO COMPLY WITH THE SURP LUS
LAND ACT
WHEREAS, the City of Fresno is the owner of real properties located at 4170 North B
rix Avenue (APN 510 -326-32T) and 4176 North Brix Avenue (APN 510- 326-33T), (Properties). The Properties are more particularly described in the Legal Descriptions
attached as Exhibits "A-1” and "A-2" to this Resolution. In addition, the parcel map is attached as “Exhibit B,” an d W
HEREAS, under the Surplus Land Act, Government Code Sections 54220, et seq., surplus land means land owned in fee simple for which a local agency’s governing body takes formal action at a regular public meeting declaring land to be surplus and not neces
sary for a local agency’s use; and
WHEREAS, l and must be declared either “surplus” or “exempt surplus” as supported by written findings before a local agency may take any action to dispose of it consistent with an agency's policies or procedures; and W
HEREAS, except as otherwise provided in the Surplus Land Act and Guidelines, “agency’s use” shall include, but not be limited to, land that is being used, or is planned to be used pursuant to a written plan adopted by the local agency’s governing board for agency work or operations, including, but not limited to, utility sites, watershed property, land being used for conservation purposes, land for demonstration, exhibition, or educational purposes related to greenhouse gas emissions, and buffer sites near s
ensitive governmental uses, including, but not limited to, waste water treatment plants
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as described in Government Code Section 54221(c)(1). Agency’s use shall not include commercial or industrial uses or activities, including nongovernmental retail, entertainment, or office development. Property disposed of for the sole purpose of investment or generation of revenue shall not be considered necessary for the agency’s use; and
WHEREAS, staff has identified the Properties as potential surplus real property and wishes to dispose of the Properties; and
WHEREAS, pursuant to Government Code Section 54222, City staff will send a written Notice of Availability to sell the surplus Properties to the entities and agencies identified in Government Code Sections 54222, et seq., and if one of the entities/agencies desires to purchase the Properties after having received notice, it must indicate its intent to do so in writing within 60 days of receiving the notice, and the City and the other entity/agency shall negotiate in good faith for a period of 90 days on the price and terms for the disposition of the Properties; and
WHEREAS, pursuant to Government Code Section 54230. 5, City staff will provide to the Department of Housing and Community Development a description of the notices of availability sent, and negotiations conducted with any responding entities, in regard to the disposal of each parcel of surplus land; and
WHEREAS, in the event no agreement is reached between the City and any interested entity/agency to whom notice is provided, staff will present Council with proposals for disposition of the surplus Properties.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Fresno as follows:
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1. The City Council hereby declares the Properties located at 4170 North Brix Avenue (APN 510-326-32T) and 4176 North Brix Avenue (APN 510- 326-33T) Fresno, California 93722, to be surplus; and the City therefore intends to dispose of said Properties.
2. City staff is hereby directed to send all notices and take all actions required by the Surplus Land Act so that it may dispose of the Properties.
3. This resolution shall be effective upon final approval. 4 of 4
* * * * * * * * * * * * * *
STA
TE OF CALIFORNIA )
COUNTY OF FRESNO ) ss.
CITY OF FRESNO )
I, TODD STERMER, 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 2024.
AYES :
NOES :
ABSENT :
ABSTAIN :
Mayor Approval: , 2024
Mayor Approval/No Return: , 2024
Mayor Veto: , 2024
Council Override Vote: , 2024
TO
DD STERMER
City Clerk
By:
Deputy Dat e
APPRO
VED AS TO FORM:
ANDREW JANZ
City Attorney
By:
Angela M. Karst Date
Senior Deputy City Attorney
Attachments:
Exhibits A-1, A-2 – Legal Descriptions
Exhibit B – Parcel Map
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APN/PARCEL ID(s): 510-326-32
Book 39 Pages 80
EXHIBIT "A-2"
Legal Description
For APN/Parcel ID(s): 510-326-33T
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF FRESNO, COUNTY OF FRESNO, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:
Lot 125 of Tract No. 3439, Trend Homes No. 10, in the City of Fresno, County of Fresno, State of California, according to the map thereof recorded in Book 39 Pages 80 and 81 of Plats, Fresno County Records.
EXHIBIT "B"