Resolution 2023-### Page 1
RESOLUTION 2023-###
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN PABLO APPROVING
AND AUTHORIZING THE EXECUTION OF A PROPERTY TRANSFER AND
INDEMNITY AGREEMENT PROVIDING FOR THE TRANSFER OF CERTAIN REAL
PROPERTY TO THE WEST CONTRA COSTA UNIFIED SCHOOL DISTRICT FOR
WHEREAS, a Property Transfer and Indemnity Agreement (the “Agreement”) has been prepared providing for the transfer of the City of San Pablo’s right, title and interest, if any, to the real property depicted as the salmon colored area in Exhibit A attached to the Agreement (identified therein and herein as “Area 3”) to the West Contra Costa Unified School District (“ WCCUSD”) by quitclaim deed, in consideration for which the WCCUSD will pay the nominal sum of ONE DOLLAR ($1.00), together with certain costs of the City, not to exceed $5,000, and will indemnify the City from and against any person or entity claiming a property interest in Area 3 and from and against any and all claims arising from the physical condition of Area 3 and/or the improvement and/or use of Area 3 by the WCCUSD; and
WHEREAS, the WCCUSD desires to acquire ownership of Area 3, together with an adjacent property owned by the San Pablo Local Successor Agency (“LSA”) and identified as Area 2, in connection with its Lake Elementary School Modernization Project; and
WHEREAS, children within the City of San Pablo attend the Lake Elementary School and the improvement of the Lake Elementary School will benefit those children as well as the overall community, and the City desires to convey its interests in Area 3, whatever they may be, to the WCCUSD; and
WHEREAS, Area 3 comprises an area of land approximately 50 feet in width and 100 in length and is currently used for public access to the WCCUSD’s Lake Elementary School in the City of San Pablo; and
WHEREAS, after extensive investigation by the WCCUSD and the City, ownership of Area 3 cannot be conclusively determined, but the City has been maintaining Area 3 for a number of years; and
WHEREAS, in accordance with Government Code Sections 54221 and 54222.3, Area 3 is “exempt surplus land” and the transfer of the City’s interests in Area 3, whatever they may be, to the WCCUSD is not subject to the provisions of Government Code Section 54220 et seq. pertaining to the disposal of surplus land by the City;
NOW, THEREFORE, the City Council of the City of San Pablo does hereby resolve as follows:
2023-### 2
Section 1. Recitals. The Recitals set forth above are true and correct and incorporated herein by this reference.
Section 2. Agreement Approval. The City Council of the City of San Pablo authorizes the City Manager to execute a Property Transfer and Indemnity Agreement providing for the transfer of the City’s interests in Area 3, whatever they may be, to the WCCUSD by quitclaim deed in a form to be approved by the City Attorney that does not substantially alter the City’s rights or responsibilities from what is set forth in the attached draft agreement.
Section 3. Effectuation of Transfer of Area 3 Interests. The City Manager , or his designee, is hereby authorized and directed to take all actions necessary and appropriate to effectuate the transfer of the City’s interests in Area 3, whatever they may be, to the WCCUSD, with the consent of the City Attorney.
PASSED AND ADOPTED this 2nd day of October, 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
Dorothy Gantt, City Clerk Abel Pineda, Mayor