HomeMy WebLinkAboutResolution - - 2003-291 - 9/23/2003 Recording Requested By:
Public Works Department
City.of Fresno
No Fee-Gov't. Code Sections
6103 and 27383
When Recorded, Mail To:
City Clerk
City of Fresno
2600 Fresno Street
Fresno, CA. 93721-3623
SPACE ABOVE THIS LINE FOR RECORDER'S USE
RESOLUTION NO. 2nn�-2gi
A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO, CALIFORNIA,
ORDERING THE SUMMARY VACATION OF PORTIONS OF MARKS AVENUE,
JEANNE AVENUE AND SHAW AVENUE, A SLOPE EASEMENT ON THE WEST
SIDE OF MARKS AVENUE NORTH OF SHAW AVENUE AND A PORTION OF THE
RELINQUISHMENT OF ACCESS RIGHTS ALONG THE NORTH SIDE OF SHAW
AVENUE EAST OF MARKS 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 a portion of Jeanne Avenue west of
Marks Avenue, a portion of the east side of Marks Avenue north of Shaw Avenue, a
portion of Shaw Avenue and Jeanne Avenue along the north side of Shaw Avenue west
of the Burlington-Northern Santa Fe Railroad, a slope easement on the west side of
Marks Avenue north of Shaw Avenue, and a portion of the relinquishment of access
rights along the north side of Shaw Avenue east of Marks Avenue, all located
exclusively within the City of Fresno; and
WHEREAS, the various easements and access restriction proposed to be
vacated are shown on Exhibits "A" through "E" respectively, which are attached and
incorporated in this Resolution; and
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WHEREAS, the various easements were acquired over a period of years to
accommodate the construction of the Marks Avenue and Shaw Avenue grade
separations; and
WHEREAS, the limits of the existing easements were determined by use of
conceptual plans and were intended to accommodate the cut slopes for the grade
separations; and
WHEREAS, upon completion of the grade separations, it was found that the
existing easements were more extensive than needed; and
WHEREAS, the easements being proposed for vacation are excess right-of-
ways and are not required for the purposes for which they were originally acquired and
there are no public utilities located therein that would be affected by the proposed
vacation because public utility easements are being reserved over portions of the area
to be vacated in order to accommodate the existing utilities; and
WHEREAS, the relinquishment of access rights to be vacated is to
accommodate an existing, approved drive approach to the commercial development on
the north side of Shaw Avenue east of Marks Avenue; and
WHEREAS, in order that fee title to a portion of the area to be vacated shall
pass to the adjacent owner, it is necessary that the City execute a quitclaim deed for
that portion of Shaw Avenue to be vacated that is held in fee title, as shown on
Exhibit"C"; and
WHEREAS, Environmental Assessment No. EA-03-44 shows that there is no
substantial evidence that the proposed vacation may have a significant adverse effect
on the environment and that a categorical exemption is the appropriate environmental
finding for this project; and
-2-
WHEREAS, the Council desires to summarily vacate such easements and
access restriction.
NOW, THEREFORE, IT IS RESOLVED BY THE COUNCIL OF THE CITY AS
FOLLOWS:
1. The Council finds from all the evidence submitted that (1) a portion of
Jeanne Avenue west of Marks Avenue; (ii) a portion of the public street right-of-way on
the east side of Marks Avenue north of West Shaw Avenue; (iii) a portion of the
purported public street right-of-way on the north side of Shaw Avenue along with and
adjacent to a portion of Jeanne Avenue west of the Burlington-Northern Santa Fe
Railroad; (iv) all that certain slope easement on the west side of Marks Avenue north of
Shaw Avenue, as originally acquired by a deed of easement recorded March 4, 1987 as
Document No. 87026663, Fresno County Records ; and, (v) a portion of the
relinquishment of access rights along the north side of Shaw Avenue east of Marks
Avenue are unnecessary for present and prospective public use. The areas to be
vacated are shown on Exhibits "A" through "E", respectively, which are attached to and
incorporated in this Resolution.
2. The City reserves portions of the public street easements 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 portions of the public street
easements 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
-3-
telephone lines, railroad lines, and for the transportation or distribution of electric
energy, petroleum and its products, ammonia and water, and for incidental purposes,
including access to protect such works from all hazards in, upon, and over portions of
the public street easements to be vacated. The portions of Jeanne, Marks and Shaw
Avenues to be reserved pursuant to this paragraph are shown on attached Exhibits "A",
"B" and "C,
3. The Public Works Director of the City is hereby authorized and directed to
execute a quitclaim deed on behalf of the City for the portion of the vacated area held in
fee title, in favor of the adjacent owner.
4. 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.
5. This vacation shall become effective on the date this resolution is
recorded.
6. From and after the date this resolution is recorded, the public street and
slope easements and access restriction shall no longer constitute public street or slope
easements or access restriction.
-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 23rd day of September , 2003.
AYES: Calhoun, Castillo, Dages, Duncan, Perea, Sterling, Boyajian
NOES: None
ABSTAIN: None
ABSENT: None
Mayor Approval: N/A , 2003
Mayor Approval/No Return: N/A , 2003
Mayor Veto: N/A , 2003
Council Override Vote: N/A , 2003
REBECCA E. KLISCH
City Clerk
APPROV AS T -
T ORNE FF
BY:
Micha IP. later, Deputy
Appry Sum Vac Marks-Jeanne-Shaw.92303
P.W. FILE 10587
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EXHIBIT "A" " ��
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PORTION OF N.JEANNE AVE.PREVIOUSLY VACATED
BY CITY OF FRESNO COUNCIL RESOLUTION NO.92-188 '9TgL 4.14'
RECORDED DECEMBER 18,1992 AS DOCUMENT NO.
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PROJ ID P^O0092CITY O F FRESNO DEPARUAENT of PUBLIC WORKS
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CLERK'S CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF FRESNO ) ss.
CITY OF FRESNO )
I, REBECCA E. KLISCH, City Clerk of the City of Fresno and Ex Officio Clerk of the Agency,
certify that the foregoing Resolution was adopted by the Council and the Redevelopment Agency of the
City of Fresno, California, at a joint regular meeting thereof,held on the 16 m day of September,
2003.
AYES: Calhoun, Castillo, Dages, Duncan, Perea, Sterling, Boyajian
NOES: None
ABSTAIN: None
ABSENT: None
REBECCA E. KLISCH
City Clerk and Ex-Officio Clerk
of the.Redevelopment Agency
By
.-De . -
APPROVED AS TO FORM:
HILDA CANTU MONTOY
City Attorney and Ex Officio
Attorney of the Redevelopment
Agency
By i
Dep