NVF:CHD:DDH
8/9/2023
T-45987 / 2044657 1
Council Agenda: 8-29-2023
Item No.: 2.7
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
RESOLUTION NO. ______________
A RESOLUTION OF THE COUNCIL OF THE CITY OF
SAN JOSE DECLARING A 443-SQUARE FOOT
PROPERTY FRONTING SOUTH 16TH STREET NEAR
COYOTE CREEK AS “EXEMPT-SURPLUS LAND” TO THE
NEEDS OF THE CITY UNDER CAL. GOV. CODE SECT.
54221(F)(1)(C) AS THE LAND IS NOT NECESSARY FOR
THE CITY OF SAN JOSE’S USE AND IS BEING
TRANSFERRED TO A LOCAL AGENCY FOR THAT
AGENCY’S USE IN A FLOOD CONTROL PROJECT; AND
AUTHORIZING THE CITY MANAGER OR DESIGNEE TO
NEGOTIATE AND EXECUTE A PURCHASE AND SALE
AGREEMENT, QUITCLAIM DEED, AND ALL OTHER
DOCUMENTS NECESSARY TO EFFECTUATE THE
TRANSFER TO SANTA CLARA VALLEY WATER
DISTRICT FROM THE CITY OF SAN JOSE, FOR THE SALE
OF THE 443-SQUARE FOOT PROPERTY FRONTING
SOUTH 16TH STREET NEAR COYOTE CREEK FOR THE
CONSIDERATION OF $12,000 BY DIRECT NEGOTIATION
UNDER SAN JOSE MUNICIPAL CODE SECTION 4.20.080
AND IN ACCORDANCE WITH COUNCIL POLICY NO. 7-
13(D)(3) AS THE TRANSFEREE IS A GOVERNMENTAL
ENTITY AND THE LAND IS BEING SOLD FOR A PUBLIC
PURPOSE
WHEREAS, the City owns a vacant parcel of land bound by Coyote Creek to the east and South 16th Street to the west with frontage along South 16th Street (Property), measuring approximately 443 square feet in area, 5 feet wide, and linear in shape which is not independently developable; and
WHEREAS, the Property does not have an Assessor’s Parcel Number (APN) assigned, but is located between a residential parcel (APN 472-31-040) to the north and a vacant parcel (APN 472-21-094) to the south which is owned by the Santa Clara Valley Water District (Valley Water); and
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8/9/2023
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Council Agenda: 8-29-2023
Item No.: 2.7
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
WHEREAS, Valley Water approached the City in 2022 about acquiring the property in connection with the Coyote Creek Flood Management Measures Project (CCFMMP), which is intended to plan, design, and construct approximately nine miles of flood management measures between Montague Expressway and Tully Road at various locations along Coyote Creek which will provide protection from flood events; and
WHEREAS, Valley Water commissioned an appraisal of the property that determined the highest and best use of the Property was for assemblage with the adjacent residential property for additional yard space and determined the fair market value of the property to be $12,000; and
WHEREAS, the City has reviewed the appraisal and concurs with the fair market value determination and recommends the sale of the property to Valley Water at the stated price; and
WHEREAS, the Property is “exempt surplus land” under California Government Code §54221(f)(1)(C) as it will be transferred to a local agency, Valley Water, for its use in the CCFMMP and conforms with Council Policy No. 7-13(D)(3) because the property will be sold to a local agency for that agency’s use at fair market value; and
WHEREAS, upon adoption of the resolution the Property will be declared as “exempt surplus land” to the needs of the City;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SAN JOSE THAT:
1. The approximately 443-square foot property fronting South 16th Street near Coyote Creek is surplus to the needs of the City and is hereby declared “exempt NVF:CHD:DDH
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Council Agenda: 8-29-2023
Item No.: 2.7
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
surplus land” under California Government Code §54221(f)(1)(C) as it will be transferred to a local agency, Valley Water, for its use in the CCFMMP.
2. The City Manager, or her designee, is hereby authorized to negotiate and execute a purchase and sale agreement, quit claim deed, and all other documents necessary to effectuate the transfer of the property fronting South 16th Street near Coyote Creek to Valley Water for a purchase price of $12,000 by direct negotiation in accordance with San José Municipal Code §4.20.080 and Council Policy 7-13(D)(3) to support the Agency’s flood control efforts on Coyote Creek.
ADOPTED this _____ day of ___________, 2023, by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
MATT MAHAN
Mayor
ATTEST:
TONI J. TABER, CMC
City Clerk