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HomeMy WebLinkAboutResolution - - 2014-033 - 2/27/2014 Recording Requested By: IIII SII I I�1I II II IIII 11111111111111111111111111111111 Public Works Department City of Fresno FRESNO County Recorder No Fee-Gov't. Code Sections Paul Dictos, C.P.A. 6103 and 27383 DOC— 2014-0027446 When Recorded, Mail To: Friday, MAR 07, 2014 14:36:34 City Clerk Tt 1 Pd $0.00 IRyt}# 00004 06e9404 City of Fresno 2600 Fresno Street Fresno, CA. 93721-3623 SPACE ABOVE THIS LINE FOR RECORDER'S USE CITY OF FRESNO RESOLUTION NO. 2014-33 A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO, CALIFORNIA, TO ORDER THE SUMMARY VACATION OF THE TEN FOOT WIDE PUBLIC UTILITY EASEMENT (PUE) ALONG THE NORTH SIDE EAST CLUBHOUSE DRIVE EAST OF NORTH ALICANTE DRIVE IN TRACT NO. 5973 PW FILE 11749 ur��r ` yo RESOLUTION NO. 2014-33 i A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO, CALIFORNIA, TO ORDER THE SUMMARY VACATION OF THE TEN FOOT WIDE PUBLIC UTILITY EASEMENT (PUE) ALONG THE NORTH SIDE EAST CLUBHOUSE DRIVE EAST OF NORTH ALICANTE DRIVE IN TRACT NO. 5973 WHEREAS, the Council has elected to proceed under the provisions of the Public Streets, Highways, and Service Easements Vacation Law (Division 9, Part 3 of the California Streets and Highways Code), and specifically Chapter 4 (commencing with Section 8330) thereof, to summarily vacate the ten foot wide public utility easement (PUE) along the north side East Clubhouse Drive, east of North Alicante Drive, in Tract No. 5973, as shown on Exhibit "A" which is attached and incorporated in this Resolution; and WHEREAS, the ten foot wide PUE was dedicated by the map of Tract No. 5973 rarnrriprl t=phra aary 7R 71117 in 11n1a amp St7 of Plato at Farrar qf) and '19 Prpcnn C'no anfa Records; and WHEREAS, after the map was recorded, the developer discovered the PUE was unnecessary and therefore should not have been dedicated; and WHEREAS, the purpose of the vacation is to eliminate the unnecessary PUE that is encumbering the affected lots in Tract No. 5973; and WHEREAS, the City's Department of Public Utilities and other utility agencies reviewed the proposal and determined that the PUE proposed for vacation is 1 of 4 Date Adopted :02/27/2014 Date Approved: 02/27/2014 Effective Date : 02/27/2014 Resolution No. 2014-33 r r• � unnecessary for present or prospective public utility purposes and have unconditionally approved the proposed vacation; and WHEREAS, the provisions of Chapter 4, commencing with Section 8330 of the California Streets and Highways Code, and more specifically Section 8333(b), authorize the Council to summarily vacate a public service easement when the date of dedication is less than five years, and more than one year, immediately preceding the proposed vacation, and the easement was not continuously used since that date, and there are no existing in-place public utilities facilities in use that would be affected by the vacation. Under these provisions, only one Council action is necessary and a published notice, posting and public hearing are not required; and WHEREAS, staff has performed a preliminary environmental assessment of this project and, pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3), has determined with certainty that there is no possibility that this project may hours a cinnifir ant affort nn thta pnvirnnmPnt Fnvirnnmant (FA1 Nn FA-14- 002. This is because the proposed activity has no potential to result in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. Therefore, this project is not subject to CEQA; and WHEREAS, the Council desires to summarily vacate the ten foot wide public utility easement along the north side East Clubhouse Drive, east of North Alicante Drive, in Tract No. 5973, as shown on Exhibit "A". NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Fresno as follows: 1. The ten foot wide public utility easement along the north side East 2 of 4 Of FA£ + a s � D � Clubhouse Drive, east of North Alicante Drive, in Tract No. 5973, as shown on Exhibit ' Feb°`I.'' is hereby vacated. 2. The City Clerk of the City of Fresno shall certify to the passage of this Resolution and shall cause a certified copy, attested by the Clerk under the seal of the City of Fresno, to be recorded in the Office of the County Recorder of the County of Fresno, State of California. 3. This vacation shall become effective on the date this resolution is recorded. 4. From and after the date this resolution is recorded, the ten foot wide public utility easement along the north side East Clubhouse Drive, east of North Alicante Drive, in Tract No. 5973, as shown on Exhibit "A", shall no longer constitute a public utility easement. * * * * * * * * * * * * * * 3 of 4 ■ a 7 ne 2 STATE OF CALIFORNIA COUNTY OF FRESNO ) ss. CITY OF FRESNO ) I, YVONNE SPENCE, City Clerk of the City of Fresno, certify that the foregoing resolution was adopted by the Council of the City of Fresno, at a regular meeting held on the 27th day of February, 2014. AYES : Baines, Brand, Caprioglio, Olivier, Quintero, Xiong, Brandau NOES : None ABSENT : None ABSTAIN : None YVONNE SPENCE, CMC City Clerk BY: Deputy APPROVED AS TO FORM: DOUGLAS T. SLOAN r1TV ❑TTCIRAI17V BY: Mary R man-Doidge, Deputy 7� PW File 11749 4 of 4 EXHIBIT "A') U'�A of FI►F��o SHEET 1 OF 3 'w � -�� s y�i•`� 'torte flc5' Ix CLm o ' o cv N ' En 67 Q W [n t !;R Q- in �cv r7N C..) i N I ' Ll- cv t � v �: s� �• , t7--�r I ci s io-uno I w � al ta a to ' I co to M M I t}e�0,• 8 S s 0� �R EXHIBIT A �� « » , R • r SHEET 2 OF 3 a NORTH VISA _ `or• - 9�� v WAY c� �) AiO m C Z r I O000' g O 1 N 1 � � IQ LLJ L I � � r oti R ' r 4 Go t�1 p cV �. co r�7 Ld 10 EL a o io uo , / i ?' • Y, / tic< Lq a i 0 ' Cl- %..,C, l- ,G lb ='1 EXHIBIT "A" SHEET 3 OF 3 '���rro eez••ry � 'C4 d � X W � r Ge X W 41 i a . i I— ao cci �1 ----- :i d to-lino ' NWH CM)AAM WAY aj' c 1,. o IW— d D I U S > o0 1 U ' W 17r IH r m ^M a S QO V ml O 1 W LN I O Q 5 U I T —- z WDA FE >0 WAY S SEE_PAGE 2 0F 3