RESOLUTION R2024-XX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MANTECA, STATE OF CALIFORNIA, ACCEPTING GRANT DEEDS FROM MANTECA UNIFIED SCHOOL DISTRICT FOR 3,306 SQUARE FEET OF REAL PROPERTY ALONG THE WESTERN EDGE OF S. GARFIELD AVENUE FOR RIGHT-OF-WAY PURPOSES, 9,279 SQUARE FEET OF REAL PROPERTY ADJACENT TO S. GARFIELD AVENUE FOR RIGHT-OF-WAY PURPOSES, A 2,265 SQUARE FOOT PEDESTRIAN EASEMENT, A 0.37 ACRE PUBLIC UTILITY EASEMENT; AND APPROVING A QUITCLAIM DEED FOR A PORTION OF S. GARFIELD AVENUE FROM MIKESELL STREET TO THE PROPERTY LINE BETWEEN 371 S. GARFIELD AVENUE AND 361 S. GARFIELD AVENUE, AND RESERVING A PUBLIC UTILITY EASEMENT OVER THE QUITCLAIMED AREA WHEREAS, the property to be transferred is part of a modernizing project at Manteca High School which in part will allow Manteca Unified School District (MUSD) to improve the current arrangement by making permanent circulation improvements; and WHEREAS, at the City’s direction, MUSD will dedicate a 13’ wide strip of land on S. Garfield Avenue from Mikesell Street to Yosemite Avenue to the City for right-of-way purposes; and WHEREAS, at the City’s direction, MUSD will dedicate a variable-width area of land on S. Garfield Avenue north of Moffat Boulevard for right-of-way purposes; and WHEREAS, at the City’s direction, MUSD will dedicate a 10’ wide strip of land along Mikesell Street from S. Garfield Avenue to approximately 100’ east of S. Garfield Avenue for Pedestrian Easement purposes; and WHEREAS, at the City’s direction, MUSD will dedicate a 35’ wide strip of land between Sherman Avenue and S. Garfield Avenue for Public Utility Easement purposes; and WHEREAS, on June 16, 2020, the City Council adopted a resolution for the summary vacation of 0.64 acre of S. Garfield Avenue from Mikesell Street to the property line between 371 S. Garfield Avenue (APN 221-080-04) and 361 S. Garfield Avenue (APN 221-080-03), approximately 360 feet north of Moffat Boulevard, to MUSD pursuant to Section 8300 et seq. of the California Streets and Highways Code; and WHEREAS, to properly effectuate the transfer intended by the summary vacation the City must execute and record a Quitclaim Deed and reserve a Public Utility Easement within the quitclaimed area of S. Garfield Avenue right-of-way; and WHEREAS, the City Council has considered all information related to this matter as presented at the public meetings of the City Council identified herein, including any supporting reports by City Staff and any information provided during public meetings.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Manteca, as follows:
The City Council hereby finds that the facts set forth in the recitals to this Resolution are true and correct and establish the factual basis for the City Council’s adoption of this Resolution.
The City Council hereby accepts Grant Deeds from Manteca Unified School District for 3,306 square feet of real property along the western edge of S. Garfield Avenue for right-of-way purposes, 9,279 square feet of real property adjacent to S. Garfield Avenue for right-of-way purposes, a 2,265 square foot Pedestrian Easement and a 0.37 acre Public Utility Easement.
The City Council specifically finds and declares that Cal Const Article XVI, Section 6 provides that a city may donate property provided that the donation is for public purpose of the donor.
The City Council hereby approves a Quitclaim Deed for a portion of S. Garfield Avenue from Mikesell Street to the property line between 371 S. Garfield Avenue and 361 S. Garfield Avenue and reserves a Public Utility Easement over the quitclaimed area.
The City Council hereby authorizes the Mayor to sign the Quitclaim Deed.
6. The City Clerk is hereby instructed to record this Resolution, the Grant Deeds and the Quitclaim Deed with the San Joaquin County Recorder’s Office.
7. This Resolution shall take effect immediately upon its adoption.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of the City of Manteca at a public meeting of said City Council held on the 20th day of August 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
MAYOR: _______________________________
GARY SINGH
Mayor
ATTEST: __________________________
CASSANDRA CANDINI-TILTON
City Clerk
ATTACHMENT 1
R2024-XX Page PAGE 1 of 2 August 20, 2024
R20XX-XX Page PAGE 1 of NUMPAGES 3 Type approved date of resolution here