RESOLUTION R2024-__
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NAPA, STATE OF CALIFORNIA, (1) vacating and abandoning A 792 Square foot Portion of Second Street near california boulevard and reserving therefrom a public utility easement; (2) Declaring that the Abandonment Area is exempt Surplus Land; (3) authorizing the conveyance of the city’s fee simple interest in the abandonment area to the adjoining property owner, Elm House Napa, LLC; and (4) determining that the actions authorized by this resolution are exempt from ceqa WHEREAS, Second Street, a public street, has been realigned as a result of the development of the Second Street Roundabout, creating an approximately 792 square foot portion of excess right-of-way owned by the City in fee simple along Second Street near California Boulevard (the “Subject Property”); and WHEREAS, the boundaries of the Subject Property are defined by the legal description set forth in Exhibit “A,” attached hereto and incorporated herein by reference, and are graphically depicted with a hatch-lined area (+/- 792 SF) set forth in Exhibit “B,” attached hereto and incorporated herein by reference; and WHEREAS, the City intends to convey its fee simple interest in the Subject Property to Elm House Napa, LLC, a California limited liability company, which is the owner of the adjoining parcels (APN 004-493-001 & APN 004-493-002); and WHEREAS, the Subject Property is not necessary for public right-of-way purposes and is excess to the City’s needs, provided that a Public Utility Easement is reserved to accommodate existing public utilities; and WHEREAS, the City Council is authorized to vacate the Subject Property pursuant to California Streets and Highways Code Section 8320; and WHEREAS, the City has published and posted the notices required by Streets and Highways Code Sections 8322 and 8323; and
WHEREAS, the City must comply with Government Code Sections 54220-54234 (the “Surplus Land Act”) prior to taking any action to vacate the Subject Property; and WHEREAS, the Surplus Land Act does not apply to the disposition of property if the property is exempt surplus land as defined in Government Code Section 54221 (f)(1); and WHEREAS, Government Code Section 54221 (f)(1)(E) defines exempt surplus land to include land that is former street, right-of-way, or easement that is conveyed to an adjacent property owner; 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 Napa, as follows:
1. 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.
2. The City Council hereby determines that the actions authorized by this Resolution are exempt from CEQA pursuant to CEQA Guidelines Section 15301 (minor alteration of existing facilities).
3. The City Council hereby finds, based on the evidence summarized in this Resolution, and pursuant to California Streets and Highways Code Section 8324, that the Subject Property, as described on Exhibit “A” and shown on Exhibit “B” attached hereto and incorporated herein by reference, is unnecessary for present or prospective public use, subject to the reservation of a Public Utility Easement.
4. The City Council hereby declares that the Subject Property is exempt surplus land as defined in Government Code Section 54221 (f)(1)(E) because the Subject Property is a former street that will be conveyed to the adjacent landowner.
5. The City Council hereby authorizes staff to submit a copy of this Resolution to HCD in accordance with the Surplus Land Act Guidelines.
6. The City Council hereby authorizes conveyance of the City’s underlying fee simple interest in and to the Subject Property by quit claim deed to Elm House Napa, LLC, a California limited liability company, the owner of the adjoining parcels identified as APN 004-493-001 and APN 004-493-002 at no cost.
7. The City Council hereby authorizes the City Manager (or designee) to execute the quit claim deed and all related documents and take all actions necessary to implement the abandonment and vacation and conveyance of the Subject Property authorized by this Resolution.
8. The City Council hereby authorizes the City Manager (or designee) to record this Resolution of Abandonment in the Office of the County Recorder of Napa County.
9. Upon recordation of this Resolution of Abandonment, the Subject Property (identified on Exhibits “A” and “B”) shall no longer constitute a public right of way.
10. 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 Napa at a public meeting of said City Council held on the 21st day of May 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: ________________________
Tiffany Carranza
City Clerk
Approved as to form:
Sabrina S. Wolfson
Interim City Attorney
R2024-__ Page 3 of 3 May 21, 2024
R2024-__ Page 1 of 3 May 21, 2024
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