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
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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
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Date Adopted :02/27/2014
Date Approved: 02/27/2014
Effective Date : 02/27/2014
Resolution No. 2014-33
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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
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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.
* * * * * * * * * * * * * *
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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
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BY:
Mary R man-Doidge, Deputy
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