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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 ,V,t,d a 1 IV/000 4u 1&4 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, -2- 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 -3- 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. -4- 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 -5- 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: Ulf 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 G w L Q7 L \ 6 1 y } a sa � m wUa a �ls NOY F � ` 9L'6L£ M.ZbbS"N A8 J9711 [00 . .0t, ^ M £ H AS I , I iii I I I QI ,4(]� ly j4j rh t • o �[ 4D rn a i Z i E e q 9 I SZ' L i g 9 O LL ZL L ",6-bL 5L7,9Lui I { W to Q iti�1 z VJ I i i i i i •�'li b v at o V-t N I I I r I I Y I I I I LL! W I I � 1 N I I I I I� I I I I �• � I I I I I I I 1 I I I I I I I T m � 9Z I LZ 1 1 1 h 07I I d�jj Z z I I r Ll1 L£ OE 6Z 9Z 9Z 4Z cb£Z ZZ LZ OZ Imiu to ZE t LE J 0£ i 6Z sa �. 19041 ryV ►3 t I , 3 14£AO.I B S j •15 uNY W U- o Q I l I I I �*o owI I I 3. £�OOd1►$I I LrlM.Zo&*N l u� I 04 moi Z E It, 9 i 9 L 9 6 % LL ZL EL 4L 9L 9L o o L Z Y t 9 -A M � i � i � — JI w a U aZa yam- U. 4 I I I � I I I I I I � I 'QZ+ O �; LU Z ! 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Lo N 485633"E 149.63' 149.63' LINE TABLE ----------------r 8 w------------ 40' 4a 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 GD -APN� 1}-1 68-184 _ 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 _-_ — ---APN-488=395-04---- 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 - IIII APN468196-0b-- "' Ln 'r ---APN:468-19x18--- ----APN7468495--O6--- Z �Z APN:468-2-22a6-- ---APN:468-495-18--- ---APN:468-1-95-19--- _--AeN�46o_1859Z_N_ j S 48°5923"W N 48'57'44'E 149.58' 149.58' 150.30' 64.00' 0 LB SANTA CLARA ST. 1 L11 " �`° I�Lb N ., co i^ 150.28' L13 ;` L2 S 48°59'23"W 149.57 N 48°5744"E 20 14 r L 1 - --APN.A68-223-07 �~ N 15 _APN:488=F98-a7--- APN:468-223-02 M N - N M E z --------- -APN468-196-20-- — w C v N --APWE 468-2-2319-----' ., N 40 Lo APN:468-196-21 Apty;4$0 , .� N 3 °'�'"4r E� 1712 OS S 52°03'34"W N 46°2 I'1711 E 1$4.80' 0 41 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