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Home My WebLink AboutResolution - - 2004-456 - 12/7/2004 Recording Requested By: • • Public Works Department IIII III III I III II III III II II IIII II III I IIII I IIII I City of Fresno III No Fee-Gov't. Code Sections FRESNO County Recorder 6103 and 27383 Robert C. Werner DDC— 2004-0279545 When Recorded, Mail To: acct 301-Fresno City Public Works City Clerk Tuesday, DEC 14, 2004 14:50:50 City of Fresno Tt 1 Pd $0,00 Nbr-0001682137 2600 Fresno Street j z g/R 2/1_4 Fresno, CA 93721-3623 SPACE ABOVE THIS LINE FOR RECORDER'S USE RESOLUTION NO. 2004-456 A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO, CALIFORNIA, ORDERING THE SUMMARY VACATION OF PORTIONS OF THE RELINQUISHMENT OF ACCESS RIGHTS ALONG THE WEST SIDE OF MILBURN AVENUE NORTH OF HERNDON AVENUE 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 portions of the relinquishment of access rights along the west side of Milburn Avenue north of Herndon Avenue, located exclusively within the City of Fresno; and WHEREAS, the portions of the relinquishment of access rights proposed to be vacated are shown on Exhibit "A", which is attached to and incorporated in this Resolution; and WHEREAS, the access rights along the west side of Milburn Avenue were relinquished with the recordation of the map of Tract No. 3994 in 1990 and the property adjacent to the area to be vacated has not been developed; and WHEREAS, the applicant is selling the adjacent property, which will be used for an unspecified commercial development at the northwest corner of Milburn and Herndon Avenues and access to Milburn Avenue must be provided as a condition of the sale; and WHEREAS, the Public Works Department and Development Department have reviewed the vacation proposal and determined that the relinquishment of access rights is no longer necessary at this location and recommended approval of the vacation proposal with no conditions; and yOpt d j E �cDq �5� ' t 1 WHEREAS, Environmental Assessment No. EA-04-034 shows with certainty that the project 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 therefore exempt from the California Environmental Quality Act(CEQA) pursuant to Subsection 15301(c)/Class 1 of the CEQA guidelines; and WHEREAS, the Council desires to summarily vacate such relinquishment of access rights. NOW, THEREFORE, IT IS RESOLVED BY THE COUNCIL OF THE CITY AS FOLLOWS: 1. The relinquishment of access rights shown on Exhibit"A" is hereby vacated. 2. The City Clerk of the City of Fresno 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. 3. This vacation shall become effective on the date this resolution is recorded. 4. From and after the date this resolution is recorded, the relinquishment of access rights shall no longer constitute a relinquishment of access rights. -2- F r CLERK'S CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF FRESNO ) CITY OF FRESNO ) 1, 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 7th day of December , 2004. AYES: Boyajian, Calhoun, Dages, Duncan, Perea, Sterling, Castillo NOES: None ABSTAIN: None ABSENT: None Mayor Approval: N/A , 2004 Mayor Approval/No Return: N/A , 2004 Mayor Veto: N/A , 2004 Council Override Vote: N/A , 2004 01.1`` 77 REBECCA E. KL r °tly City Clerk BY: APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE �rfJ?t;gi3alc BY: Agn �sWilliams, Dep Adopt Reso Appry Sum Vc Relinq Milbum.110904 P.W. FILE 10710 -3- EXHIBIT "All •- - II I �I I II II I I II I II I I I I II 1 / J II I I I II / II I I I I II I iii III ' II I I II I / II I I II i 1IR 1) iii I III ; II I I II LOT 7 OF TRACT N I I I I I I i MAP 3994 BOOK 50 I I I I I I 1 PAGES I , I I I I I I I OF PLATS F.0 F.CR I I I I I I 1 I II i I I 1 f-1 Z I 241.85'- I I I I I I I 1 NORTH LINE OF LOT 6 I I I I I I 1 II I I I 1 I I ( II I I I II I' LOT 6 OF TRACT I I I P I MAP 3994,BOOK 5o,PAGES 97-102, I I OF PLATS F.CR I I I 1 II I I II I II i ------------- II I I I 't Y l�iiii4!"!4 I Ii �- WEST HERNDON AVENUE ----- --- -----------------L-------- cw*L)m mmo NDICATES REUNOUISHMENT OF 0 100 200 ACCESS RK#ITS TO BE VACATED W�INMATES RELINQUISHMENT OF SCALE : 1"= 100' ACCESS ROiM TO REMAIN LARS ANDERSEN & ASSOCIATES, INC JOB NO: 04090.00 SHEET NO. 1 CIVIL ENGINEERS - LAND SURVEYORS - PLANNERS DLN H. BY: 4630 WEST JACQUELYN AVE, SUITE 119, FRESNO, CA 93722 DATE; 11-19-04 OF 1 SHEET WWW.LARSANDERSEN.COM 559-276-2790 FAX 559-276-0850 SCALE: 1"=100'