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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 cCGj-ail 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 -5- eG i Z/+, EXHIBIT "A" " �� �To� tiO 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. 92114576 O.R.F.C. srsy h �s N 1-55736"j 28.21v '9jVT ,61 C,9' N 3°2939"E,61.61' N 2°27\E,34}39' _1A Co 5 50°45'38 E 5.87' i N 50°4538"W,61.62' �y r.� •ao 4 N,50°45'38"W,23.94' 'V G °'1G ,cr�'�' z i N Ano, N V g. V �+� j I 41' OZ PQ i w I I � I I � I z I R=841.00' I I D=2°52'54" L=42.30' •I I I WEST LINE OF EXISTING SLOPE EASEMENT TO BE VACATED I i FUTURE WEST RIGHT-OF-WAY LINE OF MARKS AVE.-1 II I a i tips^� g I cn w G`s°Ny2.J" NLL I Lo w PQM I I O Z (n ? 'Z � z Q 00 26' cn � I z os 04 "' I co Ln LI PQM 1 Z I42' N 45°21'36'E,26.21' 4 I N 89°34'28 W,68.00 V v N 89°42'19"W I NO SCALE _ —— _— —I_ - — —N 89°42'19'W o' INDICATES PORTION OF NORTH JEANNE o AVENUE TO BE VACATED FOR PUBLIC W. SHAW AVE. ` STREET PURPOSES AND RETAINED AS A SOUTHEAST CORNER PUBLIC UTIL17YEASEMENT SECTION LINE SECTION 12 13/19 N 89°42'[9W_W S-M NWC VAC.dcd PROJ ID P^O0092CITY O F FRESNO DEPARUAENT of PUBLIC WORKS FILE NO. 10587 ORG. 30107 RIND 189901 APPROVED COPE..ENG OFFICE ENG. .&1uV C(11'DBIGNENG PLAT 1649 PORTION OF NORTH JEANNE DR.BY Ai• SHEET NO. I AVENUE TO BE VACATED CH.BY D.H.0 OF I SHEETS DATE O&IM3 5-A-7558 SCALE NOSCAU All EXHIBIT "B" e 1 53' J � � q�Tq�DiVAI iso° } L7 p(j L 1010 a ''�c? tis NO SCALE o� co 59 0 CN =p) h N !� O � OZ Z W f w F- Lu w NO VO LI h Uj Y I �rn LLI ww o fA UM \ Z w l � `" > 5� LINE TABLE v� ?z ry •<' PQ� BEARING LENGTH a W "I o. L 1 S 89°3433"E 16.05' Oa o < L2 N 405329 E 47.70 O z L3 N 905926"E 46.72' w N 7°51'01"E23.43' � "' �rpl L5 S 5004538"E 17.74' w L6 S 5°41'30"W 24.00 s�W5 ��}� 17 N—50045'36'W 18.80' � G�A� G�ti L8 N 50°45'38"W 40.53' 42' w 4 �� L9 N 0°25'32"E �64�.17'"' L10 N 50°45'38" O N �o O Z N 89°34'28"W,42.00' INDICATES PORTION OF NORTH MARKS AVENUE TO BE VACATED FOR PUBLIC STREET PURPOSES W. SHAW AVE. AND RETAINED AS A PUBLIC UTILITY EASEMENT 0 SOUTHWEST CORNER / INDICATES PORTION OF NORTH MARKS AVENUE /—SECTION 7 13/20 TO BE VACATED FOR PUBLIC STREET PURPOSES SECTION LINE S 89°50'49"E _ _ _ _ _ _ - - - - - S-M E SIDE MARKS VAC.dcd 0587 rORG. IzCITY OF FRESNOEOF PUBLIC WORKS 30107 189901 COPbL ENG OFFICE ENG. RE MV. PLAT 1650 PORTION OF NORTH MARKS D BY AI. SHUT NO. AVENUE TO BE VACATED CH.BY 3p3 OF I SHEETS DATE 15-A-7559 SCALE_ NO XALLE SECTION LINE -R0°25'3Z"E mo U I N. MARKS AVE. ocI -+c1 L W pZ,N V�oO Oma mc CL ;zu WA m R'` m o m XIm I mm;Cu < Spm :,4 m FOR- � _� I �<m aO V aojp m m tnO�T ff A N "Amp r9 30, N D'2532 E �� C r 46.00 RADIAL N 1°21'20'E CP I RADIAL 9iQ p� CP" p� .� ^^ I n N I°Zb'S5"E C: I rN C I RADIAL � I I � N3°06'22"E j n RADIAL S Q $ m I- N3°IS5I'E a D I L _ cu I I Is m I m aww Cn O0 A - 0 I� SI M i ' IZ Cnl I 4x�� m = OR m G :�X = M = •� g IDI O O I x�., I 4Rll .� I . m D C7 � � I I G)m mcg 'n �? CM5 ;a T lu 0 �y 0 CO o Z Za I la / •� �''oy / O Z O O biz I Iti ` ' 00 < om -i D m i / / moo, O.a'j�• �$ m z D oo p i 0-40,1 mI / v'O i m y�. gbti��y'a4 aQ i5 yv. m Z EXHIBIT "D" X03. ZG _...._.. ........................._.W ofti� o � N I�G12°52 54" �L•42.30 SLOPE EASEMENT TO BE VACATED " 8 � h Z �4v .P�'C0.2D Ol�t/iVE.2•' �v ,41y/., Z7'0., A 6'Ec/E.PAL �RTi�/ERSN/P 565 2377 W- 91/Q W A✓Ei4Y/� FRESit/O CAL/FD,P�t//tet 937// lG X17 _...._...� _................ ............ M W. ,5',41AW .4YFNUE 5GYi7-11E.48r 00AW .e ac sEcrio.v 1z-�a/i9 cgQNF.Q L}°'LOiT 935 SECTION LINE -NO2-5-32C mij o0 I ti N. MARKS AVE. HE U,I L W I zZzz � � zm a �, iNR � wiA � Q (°T�TZ o00;- 500oco N U In N .p Z I go Q I Y "' mmmmm m Amm z �I m is `N_0'2532"E `�� �� ( 4 O r 6.00 RADIAL `�� W J I y N 1°21'20'E _ N RADIAL55"E C) I N RADIAL 37 C I N3'06'22"E j Q � N � m I N3'11555IE Or rn U> m m w �S w w m I vn = - a aQ I mr-rn m 00, w =_ / to �I oo m =� z G X663 `I , T�21 m " I00 Z O D I NS� D n -n T tnxn0 I �z �cn Z m �m�� � D-nO� i I I I ZA Jo ccnyccnp v I �° % Q"ay� f m��� !Timm = 30' I 46' OI s x L s m �Q a 3I n z m l y i ; 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