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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 PORTIONS OF
UNDEVELOPED, CITY -OWNED STREET RIGHT-OF-WAY
LOCATED AT NORTH BRAWLEY AVENUE AND WEST
BUCKINGHAM WAY TO BE EXEMPT SURPLUS LAND
WHEREAS, the City of Fresno (City) owns the undeveloped portions of City right- of-way, located at North Brawley Avenue and West Buckingham Way, Fresno, California, (Property), more particularly described in Exhibit A-2 and shown on Exhibit B -2, both of which are attached hereto and made a part hereof by reference; and WHEREAS, Caltrans relinquished fee title ownership of the Property to the County of Fresno on November 15, 1961, and the County subsequently annexed the Property into the City of Fresno on April 25, 1979; 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 a public meeting, declare the land either surplus land or exempt surplus land, as each are defined in California Government Code section 54221; and
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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 0.3641-acre (15,862 square feet) unimproved parcel is designated as street right-of-way; and
WHEREAS, the Property has not been used by the City as improved right-of-way, and the City does not intend to use the Property for any future purpose; and WHEREAS, the City plans to convey the Property to the owner of an adjacent property; and
WHEREAS, the City’s interest in the Property shall be declared exempt surplus land pursuant to Government Code section 54221(f)(1)(B), land that is less than one-half acre in area (21,780 square feet) and is not contiguous to land owned by a state or local agency that is used for open-space or low- and moderate-income housing purposes; and WHEREAS, the Property is exempt surplus land pursuant to Government Code section 54221(f)(1)(E) because the Property is a former street, right-of-way, or easement, and is being conveyed to an owner of an adjacent property; and WHEREAS, none of the characteristics outlined in Government Code section 54221(f)(2) apply to the Property; and
WHEREAS, in accordance with the Government Code section 54221(b)(1), the land is owned in fee simple by the City, and 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.
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NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Fresno as follows:
1. The City Council hereby declares the Property , located at North Brawley Avenue and West Buckingham Way , Fresno, California, to be exempt surplus land pursuant to Government Code section 54221(f)(1)(B) and (E) , as a s mall surplus land parcel that is less than one- half acre in area (21,780 square feet) and is not contiguous to land owned by a state or local agency that is used for open- space or low - and moderate-income housing purposes and the Property is a former street or right -of-way, and is being conveyed to an 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, AMY K. ALLER , 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 2026.
AYES :
NOES :
ABSENT :
ABSTAIN :
Mayor Approval: , 2026
Mayor Approval/No Return: , 2026
Mayor Veto: , 2026
Council Override Vote: , 2026
AMY K. ALLER
City Clerk
By:
Date
Deputy
APPROVED AS TO FORM:
ANDREW JANZ
City Attorney
By:
Kelsey A Seib Date
Deputy City Attorney
Attachment: Exhibit A-2, B-2
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