HomeMy WebLinkAboutT-5169 - Resolution - 4/5/2007 Recording Requested By: • •
Public Works Department - -
City of Fresno
NIIII III IIII IIIIIII IIII I III IIIIIIIIII IIII III IIIIII
No Fee-Govt. Code Sections
6103 and 27383 FRESNO County Recorder
When Recorded, Mail To: Robert C, Werner
City Clerk
CitDOC— 2006-0178889
y
26 Fresno
Fresno Fresno Street Acct 5-First American Title Insurance Company
Fresno, CA. 93721-3623 Friday, AUG 25, 2006 08:00:00
Tt l Pd $0.00 Nbr-0002275426
RGR/R4/1-5
APN 312-101- 43T (portion)
RESOLUTION NO. 2006-358
A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO,
CALIFORNIA, DEDICATING CERTAIN CITY-OWNED PROPERTY
AS AN EASEMENT FOR PUBLIC STREET PURPOSES
WHEREAS, KB Homes is developing Tract No. 5169 near the intersection of
West McKinley and North Dante Avenues; and
WHEREAS, the City of Fresno owns a well site at that intersection that
conflicts with the proposed development of North Dante Avenue; and
WHEREAS, the City and KB Homes South Bay Inc. have agreed that the City
will dedicate a portion of the existing well site property for public street purposes in
exchange for fee title to property (Outlot A of Tract No. 5169) to reinstate the well site;
and
WHEREAS, the City's Water Division has approved the configuration of the
proposed well site; and
WHEREAS, the required dedication is described on Exhibit "A" and is shown
on Exhibit "B", which are attached and incorporated by reference.
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NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FRESNO AS FOLLOWS:
1. That certain City-owned property described on attached Exhibit "A" and
shown on attached Exhibit "B" is hereby dedicated as an easement and
right-of-way for public street purposes.
2. Nothing contained in this resolution shall be deemed or interpreted by any
party to cause any interest created in the public pursuant to this resolution
to ripen into any title, interest or right of the public against or adverse to
the rights of the City of Fresno nor shall this resolution limit, restrict or
modify the exemption of public property to title by prescription as defined
within California Civil Code Section 1007.
3. The City Clerk of the City of Fresno shall certify to the passage of this
resolution and attest thereto under the seal of the City of Fresno.
4. The City Engineer shall cause a City deed number to be assigned to the
resolution and shall cause the resolution to be recorded in the Office of
the Recorder of the County of Fresno, California. The original resolution
shall be returned to the City Clerk after recordation and a certified copy
thereof shall be filed in the Public Works deed file.
CLERK'S CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF FRESNO )
CITY OF FRESNO )
I, REBECCA E. KLISCH, City Clerk of the City of Fresno, certify that the
foregoing Resolution was adopted by the Council of the City of Fresno, California, at a
regular meeting thereof, held on the 25th day of July ' 2006.
AYES: Boyajian, Calhoun, Dages, Sterling, Duncan.
NOES: None
ABSTAIN: None
ABSENT: Perea, Westerlund.
Mayor Approval: 12006
Mayor Approval/No Return: , 2006
Mayor Veto: , 2006
Council Override Vote: , 2006
REBECCA E. KLISCH, CMC
City Clerk
BY:
APPROVED AS TO FORM:
CITY A9Dep
'S OFFICE
B . J
utyy
2006-130
PLAT 2345
15-A-
• •
APN 312-101-43T
EXHIBIT "A"
LEGAL DESCRIPTION
AREA OF EXISTING WELL SITE TO BE DEDICATED AS STREET RIGHT-OF-WAY
All that certain real property situate, lying, and being a portion
of that certain parcel of land conveyed to the City of Fresno by
Grant Deed recorded on April 13, 1995, by Instrument No. 95044842,
Official Records of Fresno County, lying in the northeast quarter
of the northeast quarter of Section 34, Township 13 South, Range
19 East, Mount Diablo Base, and Meridian, in the City of Fresno,
County of Fresno, State of California, being more particularly
described as follows :
COIRAENCING at the northeast corner of Parcel 2 as shown on Parcel
Map No. 5585, recorded in Book 35 of Parcel Maps, at page 34,
Fresno County Records, said corner being 30 . 00 feet south,
measured at a right angle, of the north line of said Section 34 ,
said corner also being 0 . 61 feet west of the west line of the
northeast quarter of the northeast quarter of said Section 34 ;
thence, parallel with and 30 . 00 :feet south of the north line of
said Section 34, South 89059129" East 57 . 54 feet; thence
South 0°00131" West 25 . 00 feet, to a point on the north line of
said City of Fresno parcel of land; thence, along said north line,
South 89°59129" East 23 . 76 feet, to the TRUE POINT OF BEGINNING of
this description;
thence, along the north, east, and south boundary of said City of
Fresno parcel of land, the following three (3) courses :
(1) South 89°59129" East 61 . 65 feet, to the northeast corner
of said City of Fresno parcel of land; thence
(2) South 00°00131" West 110 . 00 feet, to the southeast corner
of said City of Fresno parcel of land; thence
(3) North 89059129" West 43 . 94 feet;
thence leaving the south boundary of said City of Fresno parcel of
land, North 00011' 08" East 94 . 94 feet; thence North 50°04' 53" West
23 . 47 feet, to the point of beginning.
k,5�LAND S���
Containing a total of 4950 square feet, more or less . . ,G
MtcHAEL
NALTERMAN
T•P. 569 UP. 6-30-ca �.
2 006-132 No.8040
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EXHIBIT "Bt� � LAND
SCALE: 1 =40 AREA TO BE
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4FOR,950 S0.STREET PURPOSES ,*. EXP. 6 8 007
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NW CORNER OF NE 1/4 OF.
NE 1/4 OF SEC. 34
T. 13 S., R. 19 E.
WEST MCKINLEY AVENUE
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0.61'...
NE CORNER OF PARCEL 2 ....'..
OF P.M. #5585, BOOK 35, .. POINT OF
PAGE 34, F.C.R. _ 56.93' — BEGINNING
57.54' —' ' S0 00 31"W
THE NORTHEAST CORNER OF S 89'59'29 E 25.00' 0
PARCEL 2 /S 0.61' WEST OF N S89 59 29'E
THE QUARTER–QUARTER 23.76' / 61.65' —
SEC 77ON LINE , , 2,so
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.. WEST LINE OF `sem
EAST LINE OF..... ." THE NORTHEAST
QUARTER OF
PARCEL 2 o
4950 S.F.
THE NORTHEAST rn /
QUARTER ^
INSTRUMENT 27' 27 `
Fes]R'CEI 2 0UTI0C No. 95044842 /
A.P.N. .12 101-43T
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Modesto, CA 95354 \ � .: ��
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/REF. do REV. C I -I- " O r F �-(^ E S N O PROJECT I.O.
2006— /3Z.�. T r t FUND NO.
PW FILE NO. 10761 DEPARTMENT OF PYSLIC WORKS ORO. NO.
PLAT NO.2.3`/.S TNCTNo.5169
DR. 8Y OW SHEET NO. t
MCK/NLEYNO. 1 CH. 8Y SH OF I- SHEET
C/TY OF FRESNO PARCEL-INSTRUMENT No.95044842 DATE 04/20/2006
PLAT TO ACCOMPANY RIGHT-0F-WAY DEDICATION SCALE _ 15-A- 80 -
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