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HomeMy WebLinkAboutResolution - - 2003-215 - 7/15/2003 (2) Recording Requested By: IIII III III III II II IIII IIII I I IIII II II IIII Public Works Department FRESNO County Recorder City of Fresno Robert C, Werner No Fee-Gov't. Code Sections DOC_ 2003_0181304 6103 and 27383 Acet 301-Fresno City Public Works When Recorded, Mall To: Thursday, AUG 07, 2003 13:49:24 City Clerk FRE $0.00 City of Fresno Tt l Pd $0.00 Nbr-0001203784 2600 Fresno Street gsf/R3/1-5 Fresno, CA. 93721-3623 SPACE ABOVE THIS LINE FOR RECORDER'S USE CORRECTION RESOLUTION NO. 2003-215 A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO, CALIFORNIA, ORDERING THE SUMMARY VACATION OF A PORTION OF A PUBLIC UTILITY EASEMENT NEAR THE NORTHEAST CORNER OF SOUTH WEST AND WEBER AVENUES City of Fresno Council Resolution 2003 -215 when recorded July 21, 2003 as Document Number 2003-0165737 contained pages that were not part of that resolution. The original City Council Resolution is being recorded to correct and supercede Document No. 2003-0165737 of Official Fresno County Records. —4a6 — 15-- Recording Requested By: Public Works Department City of Fresno No Fee-Gov't. Code Sections FRESNO County Recorder 6103 and 27383 Robert C, Uerner When Recorded, Mail To: DOC— 2003-0165737 City Clerk - Acct 301-Fresno City Public Works City of Fresno Monday, JUL 21,2003 14:29:35 2600 Fresno Street FRE $0.00, Fresno, CA. 93721-3623 Tt1 Pd $0,00 Nbr-0001185619 APR/R4/1-5 SPACE ABOVE THIS LINE FOR RECORDER'S USE RESOLUTION NO. 2003-215 A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO, CALIFORNIA, ORDERING THE SUMMARY VACATION OF A PORTION OF A PUBLIC UTILITY EASEMENT NEAR THE NORTHEAST CORNER OF SOUTH WEST AND NORTH WEBER AVENUES 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 a portion of a public utility easement near the northeast corner of South West and North Weber Avenues, located exclusively within the City of Fresno; and WHEREAS, the portion of the public utility easement proposed to be vacated is shown on Exhibit "A", which is attached to and incorporated in this Resolution; and WHEREAS, the public utility easement was dedicated in 1946 with the recordation of the Map of Fay Addition, but its current location conflicts with the proposed development; and WHEREAS, the utilities that were located in the portion of the easement to be F. vacated have been relocated to accommodate the proposed development; and WHEREAS, the Council finds from all the evidence submitted that the portion �� of the public utility easement proposed to be vacated has been superseded by relocation and there are no other public utilities located within the easement to be vacated; and WHEREAS, Environmental Assessment No. EA-03-37 shows with certainty that the proposed summary 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 therefore exempt from the preparation of environmental documents pursuant to Section 15301(c)/Class 1 of the California Environmental Quality Act (CEQA); and WHEREAS, the Council desires to summarily vacate such public utility easement. NOW, THEREFORE, IT IS RESOLVED BY THE COUNCIL OF THE CITY AS FOLLOWS: 1. The public utility easement 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 public utility easement shall no longer constitute a public utility easement. -2- 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 15th day of July ' 2003. AYES: Calhoun, Castillo, Dages, Duncan, Perea, Sterling, Boyajian NOES: None ABSTAIN: None ABSENT: None Mayor Approval: NIA , 2003 Mayor Approval/No Return: N/A , 2003 Mayor Veto: N/A , 2003 Council Override Vote: N/A , 2003 REBECCR` ?K�ISGH City Clerk ,M< A ;PROV/EAS T OCI TNEY O BY: Michael P. Slater, Deputy Adopt Reso Sum Vac Pub Util Esmt West&Weber.071503 P.W. FILE 10540 -3- EXHIBIT "N' �b N WI 8, (TYP)IIr -8' (TYP) 1 PUBLIC UTILITY SCALE: 1 60" l EASEMENT AS SHOWN !u I NORTH LINE I r ON MAP OF FAY LOT 127 I ADDITION. NORTH LINE �1 b S8922'W 130.00' LOT 125 TR 110.00' S7T4p. ' RIGHT-oF-WAY 9230•EDED To THE CITY ESNO BY DOC. POINT ""A""ON FEBRUARY 9, NORTHERLY MOSTIN BOOK 6547 I CORNER, LOT 126, GE 848, F.C.R. h FAY ADDITION125 OF—WAY VACATED3o r.P.o.e.7 �0 � 46.86' MOST EASTERLY CORNER, LOT 126, FAY ADDITION Q n \ / LOT NUMBERS OF FAY ADDITION (TYP) P.O.C. f NORTH LINE �'(� N I LOT 126 Y s 0 G 5 . NOTES: LEGEND: a 1. BEARINGS AND DISTANCES T.P.O.B. TRUE POINT OF BEGINNING WERE OBTAINED FROM THE ____ PROPERTY OR RIGHT OF WAY LINE MAP OF FAY ADDITION AS a RECORDED IN PLAT BOOK 13 ———— ORIGINAL LOT LINES �gESS/pN AT PAGE 1, F.C.R. — — — EASEMENT LINES Q, 2 NOT CONDUCTED SURVEYNDARY BY BLAIR, ® RIGHT OF WAY TO BE VACATED CHURCH & FLYNN J� �.y y N' CONSULTING ENGINEERS FOR P.O.C. POINT OF COMMENCEMENT w Q EXP. 3/31/06 rn r^ THE PREPARATION OF THIS a DIAGRAM. T.P.O.B. TRUE POINT OF BEGINNING > No. 26 J. '"F.C.R." DENOTES FRESNO COUNTY RECORDS I 4. AFFECTED PROPERTIES. A.P.N. C 1 v 450-071-01, -03S F OF Cp��F� . 0 PPREPARED BY. LAT NO. 2352 • o BLAIR CHURCH & FLYNN CN VACATION OF PUBLIC UTILITY EASEMENT 289.3ULARKIN AVENUE NEERS CLOVIS, CALIFORNIA 93612 - MARCH 4, 2003 (559) 291-5507 0-