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.
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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 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-