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HomeMy WebLinkAboutResolution - - 1998-369 - 12/8/1998 C Recording Requested By: Public Works Department ® City of Fresno II IN I IN I III I IIII No Fee-Gov't. Code Sections Fresno County Recorder ��► 6103 and 27383 William C, Greenwood When Recorded, Mail To: DOC— 98181194 City Clerk Tuesday, DEC 15, 1998 10:13:32 City of Fresno FRE $0.00 2600 Fresno Street TtI Pd $0.00 Nbr-0000022304 Fresno, CA. 93721-3623 edv/R5/1-e SPACE ABOVE THIS LINE FOR RECORDER'S USE RESOLUTION NO. RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO, CALIFORNIA ORDERING THE VACATION OF A PORTION OF FRESNO STREET BETWEEN DIVISADERO STREET AND ILLINOIS AVENUE WHEREAS, pursuant to Resolution of Intention No. 1019-D, on file in the Office of the City Clerk of the City of Fresno (the City Clerk), a public hearing was held''' on December 8, 1998, at a regular meeting of the Council of the City of Fresno, California (the City), at which evidence was heard for and against the vacation of the hereinafter described public street easement, situated within the City; and WHEREAS, the City Traffic Engineer has reviewed the proposed vacation and determined that it will have no adverse effect upon traffic circulation; and WHEREAS, Environmental Assessment No. EA-98-48 shows'that the proposed vacation is categorically exempt from review under Section 15303(c) of the California Environmental Quality Act guidelines; and WHEREAS, a portion of the area being vacated lies westerly of the center of the original Fresno Street alignment and lies adjacent to property owned in fee by the City at the northwest corner of Divisadero and Fresno Street; and Abed 9 q 9 - 36 WHEREAS, in order that fee title to the vacated area shall pass to the adjacent owner on the east side of the vacated area,Valley Children's Hospital, it is necessary that the City execute a quitclaim deed for the vacated area; and WHEREAS, this action is being taken pursuant to the provisions of the Public Streets, Highways, and Service Easements Vacation Law(California Streets'and Highways Code Sections 8300-8363). NOW, THEREFORE, IT IS RESOLVED BY THE COUNCIL OF THE CITY AS FOLLOWS: 1. The Council finds from all the evidence submitted that a portion'of Fresno Street between Divisadero Street and Illinois Avenue is unnecessary for present and prospective public use. The public street easement to be vacated is shown on Exhibit "A" and described in Exhibit "B", which are attached to and incorporated in this Resolution. 2. The public interest and convenience require, and it is hereby ordered, that as contemplated by Resolution of Intention No. 1019-D adopted by the Council on November 17, 1998, the public street easement shown on Exhibit "A" and described in Exhibit "B" be and is hereby vacated and abandoned. 3. The City reserves the entire area to be vacated as a permanent easement and right at any time, or from time to time, to construct, maintain, operate, replace, remove and renew sanitary sewers, water mains, storm drains, and appurtenant structures in, upon, and over the public street easement proposed to be vacated and, pursuant to any existing franchises or renewals thereof, or otherwise, to construct, maintain, operate, replace, remove, renew and enlarge lines of pipe, conduits, cables, -2- wires, poles, and other convenient structures, equipment, and fixtures for the operation of gas pipelines, telegraphic and telephone lines, railroad lines, and for the transportation or distribution of electric energy, petroleum and its products, ammonia and water, and for incidental purposes, including access to protect such works from all hazards in, upon, and over the public street easement to be vacated. 4. The Director of Public Works is hereby authorized and directed to execute a quitclaim deed in favor of Valley Children's Hospital for that portion of the area to be vacated that is adjacent to its Pediatric Center on the northeast corner of Divisadero and Fresno Streets. 5. The City Clerk shall certify to the passage of this Resolution and shall file a certified copy, attested by the City Clerk under the seal of the City, in the Office of the City Clerk. 6. The City Clerk shall file a certified copy of the Resolution for recordation in the Office of the Recorder of Fresno County. The vacation shall become effective on the date this Resolution is recorded. -3 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 stn day of December , 1998 AYES: Bredefeld, Perea, Quintero, Steitz, Mathys NOES: None ABSTAIN: None ABSENT: Ronquillo Mayor Approval: 12/9 Mayor Approval/No Return: N/A , 1998 Mayor Veto: N/A , 1998 Council Override Vote: N/A 11998 REBECCA E. KLISCH City Clerk BY: W002&Aa APPROVED ,5O FORM: CITY ATT NEY'S OFFICE r, x 4 r BY: a eputy P.W. F2io. 9973 -4- M 3 N z Z W P J J p �"- no N 0'25'36'W Z `/ F m _ g N F+ 0 9E 10l 3NIl LS4M i 3 AI,Z� N l, I I i LO I N z LU OoZ - , IN O SOF- ZUp — °b CL LU N Q m LU LLJ I I I •r I I I I :C, I < I ,; I I I J O to �I Irn I N I I L I- `rl I I w I m NI I; NI I I. I I C r ICL M MI I� I I I M 1- M 1=' I>` I 1�CL clk Im I , I I°� I O� ohm Id V-i1 ILO ®'�I� I I k�i I� ova ^ I e-1 AZ'b LL. Q I `tl iv I� `t-1 0 I I J I I I I I I I I I "' rz IE'19 Z f 451 9' I I I N 0°2 36'W I I 3.E5 1.I N" — w t ! b AS'61Z 3 AI,ZZ.1 N AS N LU U O � 3.By,EZ°E N N W D CL M I 133V-L.7 — 7 LU �0�Z — g b- p =9 T=z,9 1=-- ova Q I I I I I I I I e I I$N� Q LULU i� �W W m -- — - { I - I •• I � I I I I I I ------- I u7 p QZ ICAz O 10 W Q 5: 0 rn m i 0 H O i V EXHIBIT "B" AREA TO BE VACATED FOR STREET PURPOSES AND RETAINED FOR PUBLIC UTILITY PURPOSES COMMENCING at the northwest corner of Lot 36 in Block 1 of Irvington Second Addition, according to the map thereof recorded in Book 1 of Plats at Page 75, Fresno County Records; thence N 89032'24" E, along the north line of said Lot 36, a distance of 0.13 feet to the TRUE POINT OF BEGINNING; thence continuing N 89032'24 E, along the north line of said Lot 36, a distance of 1.87 feet; thence S 0025'36 E, parallel with and 2.00 feet east of the west line of said Block 1, a distance of 451.29 feet to the north line of Lot 21 in said Block 1; thence easterly, along the north line of said Lot 21, a distance of 2.00 feet; thence S 1 °17'53" W, a distance of 61.38 feet; thence ' S 44°17'31" E, a distance of 4.19 feet to a line that is parallel with and 4.20 feet south of the south line of Lot 20 in said Block 1; thence N 89059'24" W, along last said parallel line, a distance of 41.43 feet to the beginning of a tangent curve concave to the northeast and having a radius of 30.00 feet; thence westerly and northerly, along the arc of said curve, through a central angle of 114040'28", an arc distance of 60.04 feet to the beginning of a reverse curve concave to the west and having a radius of 644.00 feet; thence northeasterly, along the arc of said reverse curve, through a central angle of 8052'40 an arc distance of 99.78 feet; thence N 3023'48" E, non-tangent to last said curve, a distance of 20.00 feet to a point on the arc of a non-tangent curve concave to the west and having a radius of 640.00 feet, a radial to said point bears S 75056'31" E; thence northeasterly, along the arc of said non-tangent curve, through a central angle of 12041'19", an arc distance of 141.73 feet; thence N 1022'10,f E, a distance of 219.50 feet to the TRUE POINT OF BEGINNING. A:\RES099732COUNCIL.wpd December 9, 1998 Council Adoption: TO: MAYOR JIM PATTERSON Mayor Approval: Mayor Veto: FROM: REBECCA E. KLISCH, Ciegerk Override Request: SUBJECT: TRANSMITTAL OF COUNCIL ACTION By: FOR APPROVAL OR VETO deputy At the Council meeting of 12/8/98 , Council adopted the attached Resolution No. 98-369 , entitled Ordering vacation of portion of Fresno Street bet. Divisadero and Illinois , by the following vote: Ayes Bredefeld, Perea, Quintero, Steitz, Mathys Noes None Absent Ronquillo Abstain None Please indicate either your formal approval or veto by completing the following sections and executing and dating your action. Please file the completed memo with the Clerk's office on or before 12/21/98 . Failure to file this memo with the Clerk's office within the required time limit shall constitute approval of the ordinance, resolution or action, and it shall take effect without the Mayor's signed approval. Thank you. APPROVED: VETOED for the following reasons: (Written objections are required by Charter; attach additional sheets if necessary.) Dat e: 0# le WnMayor COUNCIL OVERRIDE ACTION: Date: Ayes Noes Absent Abstain December 9, 1998 Council Adoption: ': TO: MAYOR JIM PATTERSON Mayor Approval "'J'`; Mayor Veto: FROM: REBECCA E. KLISCH, Ci y94rk—` " Override Request: SUBJECT: TRANSMITTAL OF COUNCIL ACTION By: FOR APPROVAL OR VETO Deputy', At the Council meeting of 12/8/98 , Council adopted the attached Resolution No. 98-370 , entitled Ordering vacation of portion of Cornelia at Dante , by the following vote: Ayes Bredefeld, Perea, Quintero, Steitz, Mathys Noes None Absent Ronquillo Abstain None Please indicate either your formal approval or veto by completing the following sections and executing and dating your action. Please file the completed memo with the Clerk's office on or before 12/21/98 . Failure to file this memo with the Clerk's office within the required time limit shall constitute approval of the ordinance, resolution or action, and it shall take effect without the Mayor's signed approval. Thank you. APPROVED: VETOED for the following reasons: (Written objections are required by Charter; attach additional sheets if necessary.) r Date.: Ji on, Mayor COUNCIL OVERRIDE ACTION: Date: Ayes Noes Absent Abstain