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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 THE VACANT 10.24-
ACRE OF ASSESSOR’S PARCEL NUMBER (APN) 481-110-
42T LOCATED AT S. WILLOW AVE. AND E. BYRD AVE TO
BE SURPLUS AND DIRECTING STAFF TO COMPLY WITH
THE SURPLUS LAND ACT
WHEREAS, the City of Fresno (City) owns vacant land identified at the intersections of South Willow Avenue and East Byrd Avenue consisting of 10.24-acre of Assessor’s Parcel Number (APN) 481-110-42T (Property), more particularly described in Exhibit “A” and depicted in Exhibit “B,” attached hereto and made a part hereof by reference; and
WHEREAS, the City purchased the property in accordance with the U.S.
Department of Housing and Urban Development requirement for the use of former/closed Rental Rehabilitation Program Income funds which was used to purchase the property and specifically for the development of affordable housing; and WHEREAS, several Requests for Proposals (RFP) were issued for housing development projects, but no projects were successfully awarded; and WHEREAS, the City has concluded that the Property is no longer needed for the City’s operational use and remains undeveloped for several years despite various planning and outreach efforts; and
WHEREAS, 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 necessary for a local agency’s use; and
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WHEREAS land 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 WHEREAS, 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 sensitive governmental uses, including, but not limited to, waste water treatment plants 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 property as potential surplus real property and wishes to dispose of the property; and
WHEREAS, the City has a significant interest in development to prevent blight and to return the Property to the private market to generate revenue for the City through the tax rolls and confer further benefit to the public; and WHEREAS, pursuant to G overnment Code Section 54222, C ity staff will send a written Notice of Availability to sell the surplus P roperty to the entities and agencies identified in Government Code Section 54222, et seq., and if one of the entities/agencies
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desires to purchase the Property 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 Property; 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 N otices of Availability sent, and negoti ations conducted with any responding entities, regarding 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 property.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Fresno as follows:
1. The City Council hereby declares the vacant 10.24-acre Property located at South Willow Avenue and East Byrd Avenue consisting of 10.24- acre of Assessor’s Parcel Number (APN) 481-110-42T, Fresno California 93725, to be surplus; and the City therefore intends to dispose of said Property.
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 Property.
3. 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 2025.
AYES :
NOES :
ABSENT :
ABSTAIN :
Mayor Approval: , 2025
Mayor Approval/No Return: , 2025
Mayor Veto: , 2025
Council Override Vote: , 2025
TODD STERMER, MMC
City Clerk
By:
Deputy Date
APPROVED AS TO FORM:
ANDREW JANZ
City Attorney
By:
Angela M. Karst Date
Senior Deputy City Attorney
Attachments:
Exhibit “A” Legal Description
Exhibit “B” Parcel Map
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EXHIBIT A
Legal Description
APN: 481-110-42T
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF
FRESNO, COUNTY OF FRESNO, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:
THAT REAL PROPERTY SITUATED IN THE SOUTHWEST QUARTER OF SECTION
18. TOWNSHIP 14 SOUTH, RANGE 21 EAST, MOUNT DIABLO BASE AND
MERIDIAN, ACCORDING TO THE OFFICIAL UNITED STATES GOVERNMENT
TOWNSHIP PLAT THEREOF, SAID REAL PROPERTY ALSO BEING A PORTION OF LOT 23 OF NEWHALL TRACT, ACCORDING TO THE MAP THEREOF RECORDED IN BOOK 2 AT PAGE 42 OF RECORD OF SURVEYS, FRESNO COUNTY RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 23, SAID CORNER BEING ON A LINE PARALLEL WITH AND 20.00 FEET WEST OF THE EAST LINE OF SAID SOUTHWEST QUARTER OF SECTION 18; THENCE SOUTH 86°43’53’’ WEST, ALONG THE NORTH LINE OF SAID LOT 23, A DISTANCE OF 891.54 FEET; THENCE SOUTH 0°44”29” EAST, A DISTANCE OF 659.81 FEET TO A POINT ON THE SOUTH LINE OF SAID LOT 23; THENCE NORTH 86°44’02” EAST, ALONG SAID SOUTH LINE, A DISTANCE OF 889.56 FEET TO THE SOUTHEAST CORNER OF SAID LOT 23; THENCE NORTH 0°34’11” WEST, ALONG THE EAST LINE OF SAID LOT 23, PARALLEL WITH AND 20.00 FEET WEST OF SAID EAST LINE OF SAID SOUTHWEST QUARTER OF SECTION 18, A DISTANCE OF 659.94 FEET TO THE POINT OF BEGINNING.
EXCEPT THEREFROM THAT PORTION OF SAID LOT 23, ALONG BEING A PORTION OF TRACT NO. 3542 RECORDED IN BOOK 55 AT PAGES 66-69 OF
PLATS, FRESNO COUNTY RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT SAID NORTHEAST CORNER OF LOT 23; THENCE SOUTH 86° 43’53” WEST, ALONG THE NORTH LINE OF SAID LOT 23, A DISTANCE OF 790.26 FEET; THENCE SOUTH 3° 16’07” EAST, A DISTANCE OF 70.39 FEET; THENCE NORTH 86° 43’53” EAST, PARALLEL WITH AND 70.00 FEET SOUTH OF SAID NORTH LINE OF SAID LOT 23, A DISTANCE OF 786.94 TO A PONT ON THE EAST LINE OF SAID LOT 23; THENCE NORTH 0° 34’11” WEST, ALONG SAID EAST LINE, PARALLEL WITH AND 20.00 FEET WEST OF SAID EAST LINE OF SAID SOUTHWEST QUARTER OF SECTION 18, A DISTANCE OF 70.47 FEET TO THE POINT OF BEGINNING.
ALSO EXCEPTING THEREFROM THAT PORTION OF SAID LOT 23 GRANTED TO
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SELF HELP ENTERPRISES BY GRANT DEED RECORDED JULY 23, 2003, AS DOCUMENT NO. 2003-0172645 AND DESCRIBED IN GRANT DEED RECORDED MARCH 17, 2004, AS DOCUMENT NO. 2004-057618, OF OFFICIAL RECORDS OF FRESNO COUNTY.
EXHIBIT B
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PARCEL MAP