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Date Adopted:
Date Approved:
Effective Date:
City Attorney Approval: KAS Resolution No.
RESOLUTION NO. ____________
A RESOLUTION OF THE COUNCIL OF THE CITY OF
FRESNO, CALIFORNIA, DECLARING TWO PORTIONS OF
CITY-OWNED RIGHT OF WAY , TOTALING
APPROXIMATELY 0.64-ACRE (27,900 SQUARE FEET) ,
LOCATED AT THE EASTERN INTERSECTION OF
TUOLUMNE STREET AND FULTON STREET, AND THE
SOUTHERN INTERSECTION OF TUOLUMNE STREET AND
VAN NESS AVENUE, TO BE EXEMPT SURPLUS LAND
WHEREAS, the City of Fresno currently owns approximately 27,900 square feet of public street right of way which is located at the eastern intersection of Tuolumne Street and Fulton Street , and the Southern intersection of Tuolumne Street and Van Ness Avenues, in Fresno, California, also known as the Tuolumne Diverter (Property), 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 A ugust 2024 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 2 of 7
may take any action to dispose of it consistent with the agency’s policies or procedures; and
WHEREAS, the City acquired fee title ownership of the Property by grant deed from the Redevelopment Agency of the City of Fresno on April 26, 1972; 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 the Property located at the eastern intersection of Tuolumne Street and Fulton Street, and the Southern intersection of Tuolumne Street and Van Ness Avenues were determined to be exempt surplus land on July 23, 2025; 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; and
WHEREAS, the Property is not a property defined by California Government Code section 54221(f)(2), because the Property is not within a coastal zone, is not adjacent to a historical unit of the State Parks System, is not listed on, or determined by the State Office of Historic Preservation to be eligible for, the National Register of Historic Places, and is not located within the Lake Tahoe region as defined in Section 66905.5 of the Government Code.
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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 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:
Date
Deputy
APPROVED AS TO FORM:
ANDREW JANZ
City Attorney
By:
Kelsey A Seib Date
Deputy City Attorney
Attachments:
Exhibit “A” Legal Description
Exhibit “B” Parcel Map
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