HomeMy WebLinkAboutResolution - - 1150-D - 11/03/2022RESOLUTION OF INTENT NUMBER 1150-D
A RESOLUTION OF THE COUNCIL OF THE CITY OF
FRESNO, CALIFORNIA OF INTENTION TO VACATE A
PORTION OF THE NORTH GLENN AVENUE -NORTH
BLACKSTONE AVENUE ALLEY
WHEREAS, it is the intention of the Council of the City of Fresno, State of California
(the City), to order the vacation of a portion of the North Glenn Avenue -North Blackstone
Avenue Alley; and
WHEREAS, the area proposed for vacation as described in Exhibit A and as shown
on Exhibit B, said exhibits are incorporated herein by reference and on file in the Office
of the City Clerk of the City at Fresno City Hall, 2600 Fresno Street, Fresno, California,
93721; and
and
WHEREAS, the Fresno Housing Authority is requesting the proposed vacation;
WHEREAS, the purpose of this vacation is to is to accommodate development for
Conditional Use Permit Application Number D-17-153. This development permit is for the
proposed construction of a new three and four story, 45-unit affordable housing residential
building and the rehabilitation/adaptive re -use of an existing two-story commercial
building for residential and commercial uses; and
WHEREAS, the Traffic and Engineering Services Division, other City departments
and utility agencies have reviewed the proposed vacation and determined that the public
street right-of-way easement proposed for vacation as described in Exhibit A and as
shown on Exhibit B is unnecessary for present or prospective public street purposes,
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Date Adopted:
11/03/2022 Resolution of Intent Number 1150-D
Date Approved:
11/03/2022
Effective Date:
11/03/2022
subject to the reservation of a public utility easement over the entire area proposed to be
vacated and conditions of approval as listed in attached Exhibit C.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Fresno as
follows:
1. The hour of 10:05 a.m. on December 1, 2022, in the Council Chambers in
Fresno City Hall, 2600 Fresno Street, Fresno 93721, is hereby fixed as the time and place
when and where all persons interested in or objecting to the proposed vacation may
appear before the Council and be heard in relation thereto.
2. The Council elects to proceed under the provisions of Chapter 3,
commencing with Section 8320, of the Public Streets, Highways, and Service Easements
Vacation Law of the State of California (California Street and Highways Code Sections
8300 et seq.).
3. The Public Works Director of the City is directed to cause notices of the
proposed vacation to be published and posted for the time and in the manner prescribed
by the provisions of Sections 8322 and 8323 of the California Streets and Highways Code.
4. The Council preliminarily determines that the public street proposed to be
vacated is not useful as a bicycle path or route under applicable general, specific, or
community plans and policies. If the Council does not rescind such preliminary
determination, based on evidence or public testimony presented to it, orally or in writing,
at or before the December 1, 2022, hearing, the Council may proceed to make a final
determination, at the public hearing, that the public street be vacated as provided herein.
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STATE OF CALIFORNIA )
COUNTY OF FRESNO ) ss.
CITY OF FRESNO )
I, TODD STERMER, City Clerk of the City of Fresno, certify that the foregoing
resolution was adopted by the Council of the City of Fresno, at a regular meeting held on
the 3rd day of November 2022.
AYES Soria, Arias, Maxwell, Chavez, Bredefeld, Esparza
NOES None
ABSENT Karbassi
ABSTAIN None
TODD STERMER, CMC
City Clerk
]�;'
By:
Deputy Date
APPROVED AS TO FORM:
RINA M. GONZALES
Interim City A y
ngela M. Karst Date
Deputy City Attorney
Attachments:
Exhibit A— Street Easement Vacation Legal Description
Exhibit B — Street Easement Vacation
Exhibit C — Vacation Conditions of Approval
PW File No. 12316
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OF
EXHIBIT "A"
LEGAL DESCRIPTION
Existing 16.00 foot Wide Alley to be Vacated
A portion of the 16.00 foot North -South Alley of Block 2 as dedicated as an Alley for Public Use
by Blackstone Avenue Tract No. 2, July 16, 1925, recorded in Book 10, page 55 of Plats, Fresno
County Records, situated in the Northeast quarter of Section 28, Township 13 South, Range 20
East, Mount Diablo Base and Meridian, more particularly described as follows:
COMMENCING at the Northeasterly corner of said Block 2 being the intersection of the
Southerly Right of Way line of Simpson Avenue and the Westerly Right of Way line of
Blackstone Ave of said Book 10, Page 55 of Plats; thence along said Southerly Right of Way
South 89°32'15" West a distance of 125.33 feet more or less to the Easterly Right of Way of said
North -South 16.00 foot Alley and the TRUE POINT OF BEGINNING;
Thence along said Easterly Right of Way South 00°00'00" East a distance of 127.22 feet more or
less to the projection of the Northerly Right of Way of the 16.00' foot East-West Alley of said
Block 2; thence along said Northerly Right of Way projection South 89°32'00" West a distance
of 16.00 feet more or less to the Westerly Right of Way of said 16.00 foot North -South Alley;
thence along said Westerly Right of Way North 00°00'00" East a distance of 127.23 feet more or
less to a point on the Southerly Right of Way of said Simpson Avenue; thence along said
Southerly Right of Way North 89°32'15" East a distance of 16.00 feet to the TRUE POINT OF
BEGINNING.
Contains 2,036 Square Feet or 0.047 acres, more or less.
END OF DESCRIPTION
EXHIBIT "B"
ALLEY VACATION
E. SIMPSON AVE
N89 32'15 "E
POINT OF
N89 ;32'15 "E COMMENCEMENT
16. 00' S89 32 "15 "W 125. 33'
POINT OF
BEGINNING —
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CORNELL AVE
0 50 100 150
SCALE: 1 '=50'
REFA REV. CITY OF FRESNO
2020- DEPARTMENT OF PUBLIC WORKS
15-A- PUBLIC ALLEY RIGHT-OF-WAY TO BE VACATED
PLAT
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NORTHEAST CORNER
BLOCK 2 TRACT NO.
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LEGEND
®INDICA TES AREA TO BE VA CA TED
CONTAINING 2,036 f SO. FT.
PRAT. ID. RES TYPE
FUND NO
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DR. BY SHEET NO ;
CH. BY OF = SHEETS
DATE
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EXHIBIT "C"
VACATION CONDITION OF APPROVAL
1. Comcast has existing facilities that are within the proposed alley vacation. These
facilities will need to be relocated or a public utility easement must be reserved to
accommodate them. If you have any questions about this condition, please
contact Michael "Cory" Sue at (559) 455-4221.
2. Pacific Gas and Electric Company has existing facilities that are within the
proposed alley vacation. They require the that the City EXCEPT AND RESERVE
from said vacation the permanent easement and right at any time or from time to
time, pursuant to the provisions of Section 8340 of the Street and Highways Code
and for the benefit of Pacific Gas and Electric Company, to construct, maintain,
operate, replace, remove, renew and enlarge lines of pipes, conduits, cables,
wires, poles, manholes and other convenient structures, equipment and fixtures
for the operation of gas pipe lines and the transportation or distribution of electric
energy, and communication facilities, including access and the right to keep the
property free from inflammable materials and wood growth, and to prevent any
building or structure near the facilities and otherwise to protect the same from all
hazards in, upon, over and across said vacation. If you have any questions about
this condition, please contact Mike Galvan at (559) 263-5649.
PW File 12316