{CW126331.3}
RESOLUTION NO. 2023-04
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PATTERSON TO
APPROVE AND AUTHORIZE EXECUTION OF A NONEXCLUSIVE VEHICULAR
TRAFFIC EASEMENT AGREEMENT BETWEEN THE CITY OF PATTERSON AND THE PATTERSON JOINT UNIFIED SCHOOL DISTRICT.
WHEREAS, the City of Patterson (“City”) is authorized to hold real property and to control it for the common benefit under Government Code section 37350; WHEREAS, the Patterson City Council (“City Council”) has control of property owned by the City and may limit the access or use in area or time or in any other reasonable manner deemed necessary under Government Code section 37359; WHEREAS, the City is the owner of the real property in the City known as 9th Street, a public right-of-way (the “Property”); and
WHEREAS, the Patterson Joint Unified School District (“District”) is the owner of real property adjacent to and in the vicinity of the Property known as Patterson High School located at 200 North 7th Street in the City; and WHEREAS, a portion of the Property, located between the intersections of Ward Avenue and North 9th Street and North 9th Street and West Las Palmas Avenue, borders and provides access to the Property (the “Easement Area”); and WHEREAS, the City and the District (the “Parties”) acknowledge that Patterson High School students regularly walk in the Easement Area during school hours, which has created ongoing health and safety concerns;
WHEREAS, based upon considerable inquiry, discussions with the District, and safety concerns raised by the California Department of Education, the City has determined that closing the Easement Area to vehicular traffic during certain school hours is necessary to protect the health, safety, and welfare of the District’s students; and WHEREAS, the City (“Grantor”) and the District (“Grantee”) have agreed to the Nonexclusive Vehicular Traffic Easement Agreement attached hereto as Exhibit A (“Easement Agreement”) and desire to advance the public health, safety, and welfare of the City’s residents as set forth in the Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF PATTERSON AS FOLLOWS:
1. That the City Council hereby approves the Easement Agreement attached hereto as Exhibit A; and
2. That the City Manager is authorized to execute the Easement Agreement, {CW126331.3}
subject to any minor revisions approved by the City Attorney; and
3. That the City Manager is authorized to perform all acts necessary and incidental to carry out the purposes of this Resolution.
PASSED AND ADOPTED AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PATTERSON ON THE 21 DAY OF FEBRUARY 2023, BY THE FOLLOWING ROLL CALL VOTE:
AYES:
NOES:
EXCUSED:
APPROVED:
________________________
Michael Clauzel,
Mayor of the City of Patterson
ATTEST:
_______________________
Aracely Alegre,
City Clerk of the City of Patterson
{CW126331.3}
I hereby certify that the foregoing is a full, correct and true copy of a resolution passed by the City Council of the City of Patterson, a Municipal Corporation of the County of Stanislaus, State of California, at a special meeting held on the 21st day of February 2023, and I further certify that said resolution is in full force and effect and has never been rescinded or modified.
DATED:
___________________________________
City Clerk of the City of Patterson