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
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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,
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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.
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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
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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