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Date Adopted:
Date Approved:
Effective Date:
City Attorney Approval: KAS
241872v1
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. 3 of 3 241872v1
* * * * * * * * * * *
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 2024.
AYES :
NOES :
ABSENT :
ABSTAIN :
Mayor Approval: , 2024
Mayor Approval/No Return: , 2024
Mayor Veto: , 2024
Council Override Vote: , 2024
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
EXHIBIT 'A'
LEGAL DESCRIPTION
A VACATION OF A PORTION OF THAT PROPERTY RELINQUISHED TO THE CITY OF FRESNO BY DOCUMENT RECORDED OCTOBER 27, 2009, AS DOCUMENT NO. 2009- 0148223, OF OFFICIAL RECORDS OF FRESNO COUNTY, SITUATE IN THE SOUTHEAST QUARTER OF SECTION 6, TOWNSHIP 14 SOUTH, RANGE 20 EAST,
MOUNT DIABLO MERIDIAN, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SEGMENT 3, AS SHOWN ON THAT MAP OF RELINQUISHMENT NO. 85836, RECORDED IN STA TE HIGHWAY MAP BOOK 5 AT PAGES 68 THROUGH 71, FRESNO COUNTY RECORDS;
THENCE ALONG THE EASTERLY BOUNDARY OF SAID SEGMENT 3, SOUTH 00°21 '31" WEST, A DISTANCE OF 127.75 FEET, TO THE BEGINNING OF A TANGENT CURVE TO THE NORTHEAST, HAVING A RADIUS OF 42.00 FEET, SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING;
THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 76°29'00", A DISTANCE OF 56.07 FEET, TO THE BEGINNING OF A REVERSE CURVE TO THE SOUTHWEST, HA YING A RADIUS OF 78.00 FEET;
THENCE SOUTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 81 °25'54", A DISTANCE OF 110.77 FEET, TO THE NORTHERLY BOUNDARY OF THAT
LAND DESCRIBED IN DIRECTOR'S DEED TO THE CITY OF FRESNO, RECORDED MAY 16, 2013, AS DOCUMENT NO. 2013-0070514, OF OFFICIAL RECORDS OF FRESNO COUNTY;
THENCE ALONG SAID NORTHERLY LINE, NORTH 89°23'36" WEST, A DISTANCE OF
77.68 FEET;
THENCE NORTH 44°31 '02" WEST, A DISTANCE OF 19.83 FEET, TO THE SOUTHERLY
EXTENSION OF THE EASTERLY RIGHT-OF-WAY LINE OF SOUTH HUGHES AVENUE (32-FOOT HALF-WIDTH);
THENCE ALONG SAID EASTERLY LINE, NORTH 00°21 '3 l" EAST, A DISTANCE OF 108.93 FEET, TO THE TRUE POINT OF BEGINNING.
CONTAINING 0.15 ACRES OR 6,642 SQUARE FEET, MORE OR LESS.
PREPARED BY:
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NEIL E. THONESEN
P.L.S. 8656
LIC. EXP. 12/31/2023
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EXHIBIT 'B'
GRANT DEED
DOC. NO. 2021-0017373
APN: 458-060-12
NORTHEAST CORNER OF SEGMENT 3
POINT OF COMMENCEMENT
ER OF THE
souTHEAST QUT
A,o
RJ 6 T. 14 s., R. 20 E.
OF SEC ' F CR.
suso1v1s10N
LA TS AT pG. 18, • •
VOL OF P
TRUE POINT OF BEGINNING
ll=76°
29'00"
R=42.00'
L=56.07'
APN: 458-090-83
ll=81°21'54"
R=78.00'
L=110.77'
225.08'
.._ N89°23'36"W 302.76'
N44°31'02"W 19.83'
I 0
WEST DAN RONQUILLO DRIVE
ST A TE ROUTE 180 0
PORTION OF
DOC. NO. 92169941, O.R.F.C.
APN: 458-090-80
80 160
Feet
LEGEND
SCALE: 1" = 80'
GJ
(R1)
(R2)
LOT LINE CENTERLINE
RELINQUISHED TO CITY OF FRESNO BY
DOCUMENT RECORDED OCTOBER 27,
2009, AS DOC. NO. 2009-0148223, O.R.F.C.
DIRECTOR'S DEED MAP FOR DD
81681-01-01 RECORDED MAY 16, 2013,
AS DOC. NO. 2013-0070514, O.R.F.C.
RECORD AND CALCULATED DIMENSIONS PER DIRECTOR'S
DEED MAP FOR DD 81681-01-01, RECORDED MAY 16, 2013,
AS DOC. NO. 2013-0070514, O.R.F.C.
RECORD AND CALCULATED DIMENSIONS PER CAL TRANS
RIGHT-OF-WAY RECORD MAP, FRE-180, PM 55.05, SHEET 2
OF 3, IN DISTRICT 6 OF CAL TRANS.
O.R.F.C. OFFICIAL RECORDS OF FRESNO COUNTY
F.C.R. FRESNO COUNTY RECORDS
//,,I
AREA TO BE VACATED
V // 'l.15 ACRES / 6,642 SQUARE FEET
PREPARED BY:
.,.
171311TH STREET, SUITE 1
REEDLEY, CA 93654
PH:(559) 637-1544 DATE: 02/03/2023 DRAWN BY: JDK JOB NO.: 21057 PAGE 1 OF 1
SURPLUS LAND