HomeMy WebLinkAboutResolution - - 1994-021 - 1/25/1994Recording Requested by
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RESOLUTION NO. __94_-_2_1_
RECORDED IN OFFICII\L RECORDS OF
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MAR 2 1994
W!LLIAM C. GflEENWOOD FEE
r"'.r:iunty Recorder $~
RESOLUTION OF THE COUNCIL OF THE CITY OF
FRESNO, CALIFORNIA ORDERING THE VACATION OF
PORTION OF WINERY A VENUE NORTH OF MCKINLEY A VENUE
WHEREAS, pursuant to Resolution of Intention No. 981-D, on file in the Office of the
City Clerk of the City of Fresno (the City Clerk), a public hearing was held on January 25,
1994, at a regular meeting of the Council of the Cily 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, th e City Traffic Engineer has reviewed the proposed vacation and
determined that it will have no adverse effect up on traffic circulation; and
WHEREAS, Environmental Assessment No . C-93-64 shows that, with the
implementation of the mitigation measures specified therein, there is no substantial evidence
that the proposed vacation may have a significant adverse effect on the environment and that
a mitigated negative declaration is the appropriate environmental finding for this project; 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).
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37t.
NOW, THEREFORE, IT IS RESOLVED BY THE COUNCIL OF THE CITY AS
FOLLOWS:
1. The Council finds from all the evidence submitted that portion of Winery
Avenue north of Mckinley Avenue is unnecessary for present and prospective public use. The
public street easement to be vacated is shown on Exhibit "A", which is attached to and
incorporated in this Resolution.
2. The Council finds that, with implementation of the mitigation measures
specified in Environmental Assessment No. C-93-64, there is no substantial evidence in the
record that the proposed vacation may have a significant adverse effect on the environment,
and the Council adopts the mitigated negative declaration prepared for this vacation including
the monitoring checklist and incorporates herein such checklist and makes compliance with
the applicable mitigation measures a condition of the project.
3. The public interest and convenience require, and it is hereby ordered, that as
contemplated by Resolution of Intention No. 981-D adopted by the Council on January 4,
1994, the public street easement shown on Exhibit "A" be and is hereby vacated and
abandoned.
4. 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, wires, poles, and other convenient
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371
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.
5. The City reserves the entire area to be vacated as an easement and right-of-way
for public pedestrian walkway purposes.
6. 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.
7. 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.
CLERK'S CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF FRESNO ) ss.
CITY OF FRESNO ) '
I, JACQUELINE L. RYLE, 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 __Z)tl!__ day of January , 1994.
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CJK/DHC/pcl/reso9620.125
P.W. File No. 9620
-3~11
1/4/94
CLERK'S CERTIFICATION
STATE OF CALIFORNIA
ss.
COUNTY OF FRESNO
On
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(-f, /'{<vYn /.u._,,(00 iJ~l( "l. h__,
personally known to me r p bved to me on the b sis of sati actory evidence) to be the
person(.I.) whose narne (;s ) is/a.i=e-subscribed to the within instrument and acknowledged to me
that he/-sl:1.0./-tt.ley executed the same in his/.t:ie#~ authorized capacity(ies·), and that by
his/1::ie~.,lt.Ae,.~ signature(;().on the instrument(, ) the person~), or the entity upon behalf
of the CITY OF .FRESNO of which the person(Jil') acted, executed the instrument.
WITNESS my hand ~nd official seal.
JACQUELINE L ~ RYL:e;y·Cf:1C
CITY CLERK '"~·.
' '
371
·EXHIBIT A
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1O' PEDESTRIAN
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· BE RETAINED
IIE llflM.A
EASEMENT AND
EASEMENT TO
WITH STREET VACATION
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EAST McKINLEY AVENUE
DESIGNATES AREA OF PROPOSED STREET
VACATION, AREA = 2,076 Sq.Ft.±
DESIGNATES AREA OF PROPOSED STREET
DEDICATION, AREA = 46.91 Sq.Ft.±