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24-925 Resolution Declaring Surplus Land Exempt.pdf

Fresno City Council
July 25, 2024

Document
24-925 Resolution Declaring Surplus Land Exempt.pdf
Meeting
July 25, 2024
Body
Fresno City Council
Original file
745 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: KAS
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Resolution No.

RESOLUTION NO. ____________

A RESOLUTION OF THE COUNCIL OF THE CITY OF

FRESNO, CALIFORNIA DECLARING A PORTION OF

PUBLIC STREET RIGHT OF WAY LOCATED AT THE

NORTHEAST CORNER OF SOUTH HUGHES AVENUE

AND WEST DAN RONQUILLO DRIVE TO BE EXEMPT

SURPLUS LAND

WHEREAS, the City of Fresno currently owns a portion of the northeast corner of South Hughes Avenue and West Dan Ronquillo Drive, in Fresno, California, and legally described as a portion of Assessor’s Parcel Number 458- 090-83 (Property), as described and depicted on the attached exhibits hereto as Exhibits A and B; and WHEREAS, the Surplus Land Act (California Government Code sections 54220 through 54236) is generally intended to make a local agency’s surplus land (i.e., land not needed for the agency’s use) available for potential acquisition by affordable housing sponsors for affordable housing purposes or by other local public entities; and WHEREAS, California Government Code section 54221(b) and the April 2021 Surplus Land Act Guidelines (SLA Guidelines) published by the California Department of Housing and Community Development (HCD) require that prior to taking any action to dispose of land that is subject to the Surplus Land Act, the City Council must, at public meeting, declare the land either surplus land or exempt surplus land, as each are defined in California Government Code section 54221; and
WHEREAS, under the Surplus Land Act, land shall be declared either “surplus land” or “exempt surplus land” as supported by written findings, before a local agency may take any action to dispose of it consistent with the agency’s policies or procedures; and WHEREAS, the City acquired the property in fee through relinquishment from the 2 of 3 241872v1
State of California on October 27, 2009 specifically for use as city streets; and WHEREAS, City no longer intends to use the Property as a city street; and WHEREAS, the City has sought concurrence with the State of California Housing and Community Development Department (HCD), and HCD has concurred that a portion of the northeast corner of South Hughes Avenue and West Dan Ronquillo Drive were determined to be exempt surplus land on September 27, 2023; and
WHEREAS, the Property is exempt surplus land pursuant to California Government Code section 54221(f)(1) (E) because the Property is a former street, right of away, or easement, and will be conveyed to the owner of an adjacent property.; and WHEREAS, in accordance with the Government Code Section 54221(b)(1), the land is owned in fee simple by the City for which the governing body takes formal action in a regular public meeting declaring that the land is surplus and is not necessary for the agency’s use.

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

1. The Property shall be declared exempt surplus land pursuant to California Government Code section 54221(f)(1)(E) as the Property is a former street, right of way, or easement, and will be conveyed to the owner of an adjacent property.

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, 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 2023.

AYES :

NOES :

ABSENT :

ABSTAIN :

Mayor Approval: , 2023
Mayor Approval/No Return: , 2023
Mayor Veto: , 2023
Council Override Vote: , 2023

TODD STERMER, CMC
City Clerk

By:

Date
Deputy
APPROVED AS TO FORM:

ANDREW JANZ
City Attorney

By:

Kelsey Seib Date
Deputy City Attorney

Attachments:

Exhibit A Legal Description of Property
Exhibit B Legal Depiction of Property

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