HomeMy WebLinkAboutResolution - - 1997-121 - 6/24/1997 y Recording Requested By: , 0 5369
Department RECORDED IN OFFiCOORDS OF
Public Works Depart FRESNO COUNTY, CALIFORNIA
City of Fresno AT_1L MIN PAST _ M
No Fee-Gov't. Code Sections
6103 and 27383
�•. JUL 7 1991
When Recorded, Mail To:
TCity Clerk FRESNO COUNTY, CALIFORNIA
City of Fresno WILUAM C.GREENWOOD,County Recorder
2600 Fresno Street FEE
Fresno, CA. 93721-3623 BY DEPUTY RECORDER $
SPACE ABOVE THIS LINE FOR RECORDER'S USE
RESOLUTION NO. 97-121
A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO,
CALIFORNIA, ORDERING THE SUMMARY VACATION OF AN
INGRESS-EGRESS EASEMENT ON LOTS 103 AND 104 OF TRACT NO. 1938
NEAR THE SOUTHWEST CORNER OF FIRST AND TULARE STREETS
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 an ingress-egress easement on Lots
103 and 104 of Tract No. 1938 near the southwest corner of First and Tulare Streets;
and
WHEREAS, the easement proposed to be vacated is shown on Exhibit "A",
which is attached to and incorporated in this Resolution; and
WHEREAS, the easement provided access to Pump Station No. 7A; and
WHEREAS, Pump Station No. 7A was abandoned in 1996 and the parcel
upon which it was located was sold to the owners of the property adjacent to the Pump
Station; and
WHEREAS, a new pump station has been completed at First Street and
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McKenzie Avenue to replace Pump Station No. 7A; and
WHEREAS, the Council finds from all the evidence submitted that the ingress-
Qs-
egress easement to be vacated is not needed for present or prospective public use;
and
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1 SUMM9938.624
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WHEREAS, Environmental Assessment No. 97-037 shows with certainty that
the proposed vacation is categorically exempt and there is no possibility that the
proposed summary vacation may have a significant adverse effect on the environment,
and the proposed summary vacation is therefor exempt from the California
Environmental Quality Act (CEQA) pursuant to Subsection 15301(b) of the CEQA
guidelines; and
WHEREAS, the Council desires to summarily vacate such ingress-egress
easement.
NOW, THEREFORE, IT IS RESOLVED BY THE COUNCIL OF THE CITY AS
FOLLOWS:
1. The water easement shown on attached Exhibit "A" and described as
follows is hereby vacated:
Description of easement to be vacated:
The west three feet of Lot 103 and the east twelve feet of Lot 104 of Tract No.
1938, Huntington Holmes Park,°according to the map thereof recorded in Book
21 of Plats at Pages 66, 67, and 68, Fresno County Records.
EXCEPTING THEREFROM the south 24 feet of said Lots 103 and 104.
2. The City Clerk ("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.
3. The Clerk 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.
4. This vacation shall become effective on the date this resolution is
recorded.
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133
5. From and after the date this resolution is recorded, the ingress-egress
easement shall no longer constitute an ingress-egress easement.
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 24TH day of JUNE , 1997•
AYES: Bredefeld, Briggs, Mathys, Perea, Ronquillo, Steitz, Quintero
NOES: None
ABSTAIN: None
ABSENT: None
Mayor Approval: 7TTTIT F 7TH 11997
Mayor Approval/No Return: N/A 11997
Mayor Veto: Wr A , 1997
Council Override Vote: N /A , 1997
REBECCA E. KLISCH
City Clerk
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CLERK'S CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF FRESNO )
CITY OF FRESNO )
On JULY 7TH , 1997, before me, JOCELYNE GUERET
personally appeared REBECCA E KLISCH, CITY CLERK , known to me (or proved to
me on the basis of satisfactory evidence) to be the person(s) whose names) are subscribed to the
within instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument(s) the person(s),
or the entity upon behalf of the City of Fresno of which the person(s) acted, executed the
instrument.
WITNESS my hand and official City Seal.
REBECCA E. KLISCH
CITY CLERK
BY:
EPUTY
p
June 25, 1997 Council Adoption: 'ati''�/'/
Mayor Approval:
TO: MAYOR JIM PATTERSON
ev(- Mayor Veto:
FROM: REBECCA E. KLISCH, City Clerk Override Request:
SUBJECT: TRANSMITTAL OF COUNCIL ACTION By:
FOR APPROVAL OR VETO deputy
At the Council meeting of June 24. 1997 , Council adopted the attached Resolution No. 97-121,
entitled Ordering summary vacation of an ingress-egress easement, lots 103 and 104 of Tract
# 1938 s/w corner First and Tulare Streets, by the following vote:
Ayes: Bredefeld, Briggs, Mathys, Perea, Ronquillo, Steitz, Quintero
Noes: None
Absent: None
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 Monday, July 7, 1997 . 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.
APPROV
VETOED f r refollotwingreasons: (Writteno }ections are required by Charter; attach additional
sheets if n .)
Date:
n, Mayor
NCIL OVERRIDE ACTION: Date:
Ayes: Absent:
Noes: Abstain:
cc: Jeff Reid, City Manager Carl Kassabian, P.W.
Hilda Montoy, City Attorney