HomeMy WebLinkAboutResolution - - 1149-D - 11/03/2022RESOLUTION OF INTENT NUMBER 1149-D
A RESOLUTION OF THE COUNCIL OF THE CITY OF
FRESNO, CALIFORNIA OF INTENTION TO VACATE A
PORTION OF THE SOUTHEASTERLY SIDE NORTH
STATE STREET BETWEEN WEST MISSION AVENUE AND
GOLDEN STATE BOULEVARD
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 southeasterly side of North State Street
between West Mission Avenue and Golden State Boulevard; 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
WHEREAS, Star Project Housing, Inc. is requesting the proposed vacation; and
WHEREAS, the purpose of this vacation is to dispose of excess right of way and
accommodate Development Permit Application Number P19-02037 which is the
proposed construction of a multiple family residential development consisting of six
dwelling units located in two-story, detached townhouse buildings with private garages;
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,
subject to reservation of a public utility easement and a public pedestrian easement as
1 of 3
Date Adopted: 11/03/2022
Date Approved: 11/03/2022 Resolution of Intent Number 1149-D
Effective Date: 11/03/2022
shown in said Exhibit B and subject to 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 10:00 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.
**************
2 of 3
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 Attorney }
By: L
nge a M. Karst *ate
Deputy City Attorney
Attachments:
Exhibit A — Street Easement Vacation Legal Description
Exhibit B — Street Easement Vacation
Exhibit C — Vacation Condition of Approval
PW File No. 12696
3 of 3
EXHIBIT "A" `4
STREET ABANDONMENT
That portion of North State Street as shown on the map of Highway City, in the City of Fresno, County of
Fresno, State of California, according to the map thereof recorded in Volume 11 of Plats at Page 16,
Fresno County Records, described as follows:
BEGINNING at the West corner of Lot 3 of said Highway City; thence North 49°52'56" West, along the
Northwesterly prolongation of the Southwesterly line of said Lot 3, a distance of 23.00 feet; thence North
40°06'08" East, parallel with and 23.00 feet Northwesterly of the Northwesterly line of said Lot 3, a
distance of 99.99 feet to a point on the Northwesterly prolongation of the Northeasterly line of said Lot 3;
thence South 49°53'08" East, along the Northwesterly prolongation of said Northeasterly line, a distance
of 23.00 feet to the North corner of said Lot 3; thence South 40°06'08" West, along the Northwesterly line
of said Lot 3, a distance of 99.99 feet to the POINT OF BEGINNING.
RESERVING THEREFROM, for public utility easement purposes, that portion thereof, described as
follows:
COMMENCING at the West corner of said Lot 3; thence North 49°52'56" West, along the
Northwesterly prolongation of said Southwesterly line, a distance of 13.00 feet to the TRUE POINT
OF BEGINNING FOR PUBLIC UTILITY EASEMENT RETENTION;
Thence North 49°52'56" West, continuing along the Northwesterly prolongation of said Southwesterly
line, a distance of 10.00 feet; thence North 40006'08" East, parallel with and 23.00 feet Northwesterly
of said Northwesterly line, a distance of 99.99 feet to a point on the Northwesterly prolongation of said
Northeasterly line; thence South 49°53'08" East, along the Northwesterly prolongation of said
Northeasterly line, a distance of 10.00 feet to a point being 13.00 feet Northwesterly of said
Northwesterly line; thence South 40°06'08" West, parallel with and 13.00 feet Northwesterly of said
Northwesterly line, a distance of 99.99 feet to the TRUE POINT OF BEGINNING FOR PUBLIC
UTILITY EASEMENT RETENTION.
ALSO RESERVING THEREFROM, for pedestrian easement purposes, that portion thereof,
described as follows:
COMMENCING at the West corner of said Lot 3; thence North 49°52'56" West, along the
Northwesterly prolongation of said Southwesterly line, a distance of 20.00 feet to the TRUE POINT
OF BEGINNING FOR PEDESTRIAN EASEMENT RETENTION;
Thence North 49°52'56" West, continuing along the Northwesterly prolongation of said Southwesterly
line, a distance of 3.00 feet; thence North 40°06'08" East, parallel with and 23.00 feet Northwesterly of
said Northwesterly line, a distance of 34.40 feet; thence South 49053'52" East, a distance of 3.00 feet to
a point being 20.00 feet Northwesterly of said Northwesterly line; thence South 40106'08" West,
parallel with and 20.00 feet Northwesterly of said Northwesterly line, a distance of 34.40 feet to the
TRUE POINT OF BEGINNING FOR PEDESTRIAN EASEMENT
RETENTION.
Abandonment area: 2,300 square feet, more or less.
Public utility easement retention: 1,000 square feet, more or less.
Pedestrian easement retention: 103 square feet, more or less.
Dixon & Associates, Inc. — Wo# I8-139
Page 1 of I
S- L-LZ-'
`alp L L A
a P4ptA D.
P.L.S. 9484
EXHIBIT
"B"
LEGEND
®
INDICATES PORTION OF NORTH STATE STREET TO BE ABANDONED.
PORTION OF ABANDONED STREET TO BE RETAINED AS A
®INDICATES
PUBLIC UTILITY EASEMENT.
INDICATES PORTION OF ABANDONED STREET TO BE RETAINED AS A
PUBLIC UTILITY EASEMENT AND PUBLIC PEDESTRIAN EASEMENT.
INDICATES LOT OF BLOCK E OF THE MAP OF HIGHWAY CITY RECORDED
IN VOLUME 11 OF PLATS AT PAGE 16, FRESNO COUNTY RECORDS.
Q1
TRUE POINT OF BEGINNING FOR PUBLIC UTILITY EASEMENT RETENTION.
t�2
TRUE POINT OF BEGINNING FOR PEDESTRIAN EASEMENT RETENTION.
AREAS:
ABANDONMENT: 2,300 SQUARE FEET,
O010'
PUBLIC UTILITY EASEMENT RETENTION: 1,000 SQUARE FEET, +/—
PEDESTRIAN EASEMENT RETENTION: 103 SQUARE FEET, +/—
10' PUBLIC UTILITY
EASEMENT RETENTION.
Cal
qA'
SR P4.
50
�V
3' PUBLIC PEDESTRIAN "D0
EASEMENT RETENTION. 0,
` - P.L.S . 9484
J '0O
23' PUBLIC STREET
ABANDONMENT.
C
0, -20
POINT OF BEGINNING FOR ABANDONMENT.
POINT OF COMMENCEMENT FOR PUBLIC
UTILITY EASEMENT RETENTION AND PEDESTRIAN
EASEMENT RETENTION.
iiI
SCALE: 1 " = 20'
0' 20' 40' 60'
18-139
Ref. & Rev. CITY OF FRESNO Fund N .: _
-- DEPARTMENT OF PUBLIC WORKS Org. No.: —
Plat N0: PORTION OF NORTH STATE STREET TO BE ABANDONED CkDr.By: GMR SHEET N0. 1
Ck.By: OF 1 SHEETS
—�__— WITH A PUBLIC UTILITY EASEMENT AND A PEDESTRIAN Date: May 10, 2022
EASEMENT TO BE RETAINED.
Scale: 1' = 20'
EXHIBIT "C"
VACATION CONDITION OF APPROVAL
1. The City of Fresno Utilities Planning and Engineering Division has requested the
developer shall be financially responsible for fees associated with relocation of
water meter boxes. If you have any questions, please contact Robert Diaz at (559)
621-1623.
2. CVIN, LLC has several remarks that will need to be fully addressed before the
vacation proceeds. CVIN, LLC a Broadband Fiber Optic Company has a fiber optic
cable running transversely across North State Street on North Golden State
Boulevard directionally north bound and south bound -north bound from West
Barstow Avenue continuing south bound on North Golden State Boulevard to North
Cornelia Avenue at which point the fiber cable transversely crosses West Shaw
Avenue to the south side of West Shaw Avenue where said path ends in a
48x84x48 shared City of Fresno vault. On North State Street fiber optic conduit
and fiber cable are between 47 feet to 49 feet off edge of pavement and within
area of concern fiber optic and conduit are buried between 94 inches
(approximately 7.5 feet in depth) to 112 inches (approximately 9.5 feet in depth).
This installation was completed within the time frame of November 2017 and
serves our custom er-T-M obile. Please see attached As -Built pertaining to North
State Street and North Golden State Boulevard. Additionally, please see attached
Engineering Staking Cutsheets. If you have any questions, please contact Barbara
Nelson at (559) 554-9119.
3. The Fresno Irrigation District (FID) has the following conditions:
a. FID does not own, operate, or maintain any facilities located in the Vacation
area, as shown on the attached FID exhibit map.
b. For informational purposes, FID's Herndon No.39 runs westerly, crosses
Golden State Boulevard approximately 1,500 feet northwest of the subject
property, and crosses SR 99 approximately 1,800 feet west of the subject
property, as shown on the attached FID exhibit map. Should this project
include any street and or utility improvements along Gates Avenue, Golden
State Boulevard, SR99 or in the vicinity of this canal, FID requires it review
approve all plans. If you have any questions, please contact Jeremy
Landrith at (559) 233-7161 extension 7407 or
ilandrith(cb,fresnoirrigati on.com ..
4. Lumen has indicated assets are located in proximity of the proposed right away.
An existing CenturyLink structure, owned by Lumen is located in proximity and is
within the railroad right of way in proximity to North Golden State Boulevard. In
addition, one of Lumen's cable providing service is within 3rd party AT&T structure
in which AT&T is required to manage with notice to Lumen for any future
maintenance requirement. If you have any questions, please contact Brandon
Stout at (916) 591-8050.
5. The Fresno Metropolitan Flood Control District has comments regarding the
proposed vacation. The proposed vacation area lies within the District area
"AH". There are no existing or proposed Master Plan facilities within the proposed
vacation area as detailed on the Exhibit provided to the District. The District
requires that the Master Plan drainage patterns remain as designed for the
proposed vacation area. If you have any questions, please contact Rick Lyons at
(559) 456-3292.
6. The City of Fresno Traffic Planning Division has requested has indicated the
subject vacation proposal is approved subject to the following conditions:
a. Provide a reference to the permit number on the vacation document and in
the summary. Verify that this is being submitted according to P19-02037.
b. Provide a dimension for the length of the proposed vacation.
c. Reserve 3' of street right away at the proposed approach to accommodate
a 4' clear path at 2%. Identify on the exhibit.
d. Dimension the approach to allow for a cross reference of the vacation to the
site plan.
e. Provide a dimension from the face of curb to the proposed r/w.
If you have any questions, please contact Louise Gilio at (559) 621-8678.
7. PG&E has indicated the subject vacation proposal is approved subject to the
following conditions. An investigation indicates that PG&E is presently operating
and maintaining utility facilities within the proposed street vacation area. If the
street vacation is approved by the City Council/Board of Supervisors, PG&E
respectfully requests that the following reservation be inserted in the Resolution of
Vacation or Street Vacation Ordinance for the proposed street vacated area:
Reserving pursuant to the provisions of Section 8340 of the Streets and Highways
Code and for the benefit of Pacific Gas and Electric Company, the permanent
easement and the right at any time, and from time to time, to excavate for,
construct, reconstruct, replace (of initial or any other size), maintain, remove,
inspect and use public utility facilities, including, but not limited to electric, gas and
communication facilities, including ingress to and egress from the public utility
facilities, and also the right to trim and cut down trees and other vegetation that
may be a hazard to the public utility facilities and the area shall be kept open and
free of buildings, structures, wells or other obstructions. This reservation will allow
PG&E to continue to operate and maintain its facilities installed pursuant to our
franchise agreement. Upon approval of the street vacation by the City
Council/Board of Supervisors, please send a certified copy of the Resolution of
Vacation or Street Vacation Ordinance to the referenced address. If you have any
questions, please contact Alison Mele at (559) 800-1243.
PW File 12931