HomeMy WebLinkAboutResolution - - 2004-039 - 2/10/2004 Recording Requested By:
Publir..Works Department Illi III Ili�III II IIII I IIII II I II IIIII I IIII�III II III
City of Fresno I I I
No Fee-Gov't. Code Sections FRESNO County Recorder
6103 and 27383 Robert C. Werner
When Recorded, Mail To: DOC— 2004-0034757
City Clerk Acct 301-Fresno City Public Works
City of Fresno Friday, FEB 13, 2004 13:28:47
2600 Fresno Street Tt I Pd $0,00 Nbr-0001391997
Fresno, CA. 93721-3623 jzglR2l1-9
SPACE ABOVE THIS LINE FOR RECORDER'S USE
RESOLUTION NO. 2004-39
RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO, CALIFORNIA
ORDERING THE VACATION OF THE "N-O" ALLEY BETWEEN VENTURA AND
FREEWAY 41, SANTA CLARA STREET BETWEEN "N" AND "O" STREETS, A 20-FOOT
WIDE ALLEY ALONG FREEWAY 41 BETWEEN "N" STREET AND THE "N-O" ALLEY AND
A SEWER AND WATER EASEMENT IN LOT 6 IN BLOCK 122 OF THE TOWN OF
FRESNO, AND AUTHORIZING AND DIRECTING THE PUBLIC WORKS DIRECTOR OF
THE CITY TO EXECUTE QUITCLAIM DEEDS TO THE REDEVELOPMENT AGENCY OF
THE CITY OF FRESNO FOR THE VACATED AREAS
WHEREAS, pursuant to Resolution of Intention No. 1030-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 2,
2003, 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,
alley, and sewer and water easements, situated within the City; and
WHEREAS, the City's Transportation Manager has reviewed the proposed vacation
and determined that it will have no adverse effect upon traffic circulation; 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) (the Law);
WHEREAS, property records indicate that the City of Fresno may be the owner of the
underlying fee title to the street and alleys to be vacated; and
WHEREAS, in order to ensure that the City does not retain any fee ownership or other
record interest in the areas to be vacated, as contemplated by the Law and in order to assist
the Redevelopment Agency of the City of Fresno with site assembly and redevelopment of
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the areas to be vacated and surrounding property, it is in the public interest that the City
execute quitclaim deeds for the vacated public streets and alleys in favor of the
Redevelopment Agency.
NOW, THEREFORE, IT IS RESOLVED BY THE COUNCIL OF THE CITY AS
FOLLOWS:
1. The Council finds from all the evidence submitted that the "N-O" Alley between
Ventura and Freeway 41, Santa Clara Street between "N" and "O" Streets, a 20-foot wide
Alley along Freeway 41 between "N" Street and the "N-O" Alley, and a sewer and water
easement in Lot 6 in Block 122 of the Town of Fresno as dedicated by a document recorded
January 10, 1910, in Book 449 of Deeds, at page 26, Official Records of Fresno County, are
unnecessary for present or prospective public use. The public street, alley, and sewer and
water easements to be vacated are shown on Exhibits "A" and "B", which are attached 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. 1030-D, adopted by the Council on November 4,
2003, the public street, alley, and sewer and water easements shown on Exhibits "A" and
"B" be and are hereby vacated and abandoned.
3. The City reserves a portion of the 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 a portion of 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 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,
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including access to protect such works from all hazards in, upon, and over a portion of the
public street easement to be vacated. The portion to be reserved pursuant to this paragraph
is shown on Exhibit "C", which is attached and incorporated herein.
4. There are existing public utility facilities in those portions of the area to be vacated
outside the portion shown in Exhibit "C". The Council finds, pursuant to Streets and
Highways Code Section 8340(c), that the portions of the area to be vacated outside the
portion shown in Exhibit "C" are to be devoted to a public use which would not be possible if
the existing public utility facilities remain in place permanently. The public convenience and
necessity require that no permanent public utility easements be reserved or excepted in the
area to be vacated outside the portion shown in Exhibit "C".
Notwithstanding the preceding paragraph, the public convenience and
necessity also require that the existing public utility facilities temporarily remain in the area to
be vacated outside the portion shown in Exhibit "C" until they can be removed and relocated.
Accordingly, without limiting or affecting the permanent easement and right reserved in the
portion of the area to be vacated shown in Exhibit "C" pursuant to paragraph 3, the City
reserves all portions of the area to be vacated outside that portion shown in Exhibit "C" as a
temporary easement and right for the City, SBC and Pacific Gas & Electric Company
("PG&E"), pursuant to existing franchises, to temporarily maintain and operate, and to
remove, the existing public utilities and appurtenant structures in, on and over the area to be
vacated outside the portion shown in Exhibit "C." The rights reserved under this temporary
easement include incidental purposes, such as access to protect such public utilities from all
hazards in, upon and over the vacated area until such works can be removed and relocated.
While this temporary easement is in effect, the City, PG&E, SBC and their respective agents,
employees, contractors, subcontractors and their employees shall have the right to enter on
and pass and repass over and along the easement area and to deposit, store and use tools,
implements and materials thereon whenever and wherever necessary for the purpose of
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temporarily maintaining and operating, and for removing, such works. This temporary
easement shall terminate-when the Public Works Director determines that the existing public
utility facilities have been removed from the vacated area and relocated as required and this
temporary easement is no longer necessary, and records a written document terminating the
temporary easement.
5. The Council has been informed that the City of Fresno may be the owner, for
purposes of record title, of the underlying fee title to the street and alleys to be vacated. In
order to ensure that the City does not retain any fee ownership or other record interest in the
areas to be vacated upon completion of these vacation proceedings as contemplated by
Section 8351 of the Law, and in order to assist the Redevelopment Agency with site
assembly and redevelopment of the areas to be vacated and surrounding property, it is in the
public interest that the City execute quitclaim deeds for the vacated areas in favor of the
Redevelopment Agency. The Public Works Director of the City is hereby authorized and
directed to execute the necessary quitclaim deeds so that any record title interest the City
may have in the vacated areas shall pass to the Redevelopment Agency upon completion of
this vacation and recordation of this Resolution.
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.
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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 10th day of_February 2004.
AYES: Boyajian, Calhoun, Dages, Duncan, Perea, Sterling, Castillo
NOES: None
ABSTAIN: None
ABSENT: None
Mayor Approval: February 11 , 2004
Mayor Approval/No Return: N/A ' 2004
Mayor Veto: N/A , 2004
Council Override Vote:_ N/A , 2004
REBECCA E. KLISCH
City Clerk
BY: fig=z m4ah'I
APPROVED AS TO FORM:
HILDA CANTU MONTOY
City Attorney `
By: l
Don O. Neufeld
Special Counsel
OATsplit.021004
P.W. File No. 10429
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February 10, 2004 , G Council Adoption Feb. 10, 2004_
TO: MAYOR ALAN AUTRY Mayor Approval:
, �� 3� ,
�. ' Mayor Veto:
FROM: REBECCA E. KLISCH, City Clerk Override Request:
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SUBJECT: TRANSMITTAL OF COUNCIL ACTION sy:
FOR APPROVAL OR VETO Deputy
At the Council meeting of 02110/04 , Council adopted the attached Resolution No. 2004-39 ,
entitled Vacatincl portions of easements and rights-of-way in downtown area 9-C-2 by the
following vote:
Ayes Boyajian, Calhoun, Dages, Duncan, Perea, Sterling, Castillo
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 02/20/04 . 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.
f
APPROVED:
VETOED for the following reasons: (Written objections are required by Charter; attach additional
sheets if necessary.)
Alan Autry, Mayor Date:
r
COUNCIL OVERRIDE ACTION: Date:
Ayes
Noes
Absent
Abstain
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EXHIBIT "C"
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N 485633"E 149.63' 149.63'
LINE TABLE
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N M N_-_-_
BEARING LENGTH _______-c------__ 21Y ________
L I N 48°5744"E 4.01' "' 80' M "'
APN:X223-04-- ---APN-468-VJ5-15--- -- - - ----
L2 N 86°00'26"W 12.09' -- - 15' N 0�
L3 S 48°57'44"W 37.45' _- __ -- ---APN:468-195-17---
L4
68-195-13---L4 N 40°5942"W 51.00 cn N 75' Lo o
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L5 N 48°5744"E 38.39' co 1-1 N N N°O
L6 N3°59'01"E 16.42' "' ---- - -- "'
L7 N 40°5942"W 8.84' ^ m N 2� " 1 U)
L8 548°57'44"W 85.58' APW468-2-22-12--- U) ---APN:468-19543--- ------------------
L9 S41°02'16"E 14.90' ________ N
L I O S 3-45'30'W 28.32' rn N m
L11 S 48°57'44"W 213.65' ---APN:468-195-12--- ----APN-468-195-03____
O M -
LIZ 54I°00'34"E 28.0004
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L13 N 48°57'44"E 269.15' w T
L14 N 40°5942"W 42.55' APN:468-22245-w o ---APN:468-IN44--- N
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150.30' 64.00' 0 LB
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FREEWAY
INDICATES PORTION OF AREA TO BE VACATED AS AN EASEMENT FOR STREET PURPOSES
THAT IS TO BE RESERVED AS AN EASEMENT FOR PUBLIC UTILITY PURPOSES
DN)ATAIDCADIVocate101dArmenian Tamil 10429 EXHIBIT C ph I.dcd