HomeMy WebLinkAboutResolution - - 1154-D - 12/14/2023;.T
RESOLUTION OF INTENT NUMBER 1154-D
A RESOLUTION OF THE COUNCIL OF THE CITY OF
FRESNO, CALIFORNIA OF INTENTION TO VACATE A
PORTION OF EXCESS PUBLIC STREET RIGHT OF WAY
ON THE NORTHEAST SIDE OF NORTH WEBER AVENUE,
NORTHWEST OF WEST HERNDON AVENUE
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 excess public street right of way on the
northeast side of North Weber Avenue, northwest of West Herndon Avenue; and
WHEREAS, the area proposed for vacation is as described in Exhibit A and as
shown on Exhibit B, 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, John Garabedian and Melanie D. Garabedian are requesting the
proposed vacation; and
WHEREAS, the purpose of this proposed vacation is to accommodate
improvements for a Cannabis Retail Business in an existing commercial building
associated with Conditional Use Permit Number P22-00606; 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 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
1 of 3
Date Adopted: 12/14/2023
Date Approved: 12/14/2023
Effective Date: 12/14/2023 Resolution of Intent Number 1154-D
follows:
1. The hour of 10:00 a.m. on January 11, 2024, 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 January 11, 2024, 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 14th day of December 2023.
AYES
Perea, Karbassi, Arias,
NOES
None
ABSENT
None
ABSTAIN
None
APPROVED AS TO FORM:
ANDREW JP�
City AttorQe A
Ke I
Attorney
2
Maxwell, Chavez, Bredefeld, Esparza
TODD STERMER, CMC
City CI
By:
Deputy Date
Attachments:
Exhibit A — Street Easement Vacation Legal Description
Exhibit B — Street Easement Vacation
Exhibit C — Vacation Conditions of Approval
PW File No. 13341
3 of 3
STREET VACATION
EXHIBIT "A"
LEGAL DESCRIPTION
APN 504-102-17
The land described herein -below is situated in the City of Fresno, County of Fresno, State of
California, and is a portion of North Weber Avenue, formerly known as Judson Street, as shown
on the map of the Town of Herndon, recorded in Book 1, at Page 27, of Miscellaneous Maps,
Fresno County Records, described as follows:
A ten foot wide strip of land, the northeasterly line of which adjoins the southwesterly lines of
Lots 25, 26, and 27 in Block 74 of said map of the Town of Herndon, said southwesterly lot lines
adjoining the public street known as North Weber Avenue, formerly known as Judson Street.
Containing 750 square feet, more or less.
See Exhibit "B" attached hereto and made a part of this description.
End of Description
y�0 LAIVa
`0 R F( i
Taylor Elze, P.L.S. 9613
No. 9613
11 /7/2023
�lF ❑F AL1Fo4
Date
PWF# 13341
PLAT:1341
Page 1 1 1
'o
EXHIBIT "B"
2
J
�� .9oNs
d
m0 ,� Q p pG •�
apO 'k 0 %• �. �
o
p 0 a� u
Q Q n
4u .
SOUTHWEST LINES D 0 O� 4
Q
LOTS 25, 26, & 27
2�1�►E
?s,
1Sr
p� �0 NORTHEASTERLY
of
��► LINE OF 10' STRIP
yam\
oN l_
STRF�Y� �
W �J
ABBREVIATIONS:
MM MISCELLANEOUS MAPS
INDICATES AREA TO BE VACATED AND
RESERVED AS A PUBLIC UTILITY
EASEMENT.
CONTAINING AN AREA OF: 750 SO. FT.
30 0 N30 60
1 INCH = 30 FEET
REF. &REV.
CITY OF FRESNO
PROJ RES TYPE
FUND'I.D.
FUND NO.
PWF# 13341
PLAT: 1341
DEPARTMENT OF PUBLIC WORKS
ORG. NO.
PUBLIC STREET RIGHT-OF-WAY TO BE VACATED AND
RESERVED AS A PUBLIC UTILITY EASEMENT BY THE
CITY OF FRESNO
DR. BY TEE
CH. E TEE
DATE 9/21/2023
SCALE 1" = 30'
SHEET NO. 1
of 1 SHEET
EXHIBIT "C"
VACATION CONDITION OF APPROVAL
Fresno Metropolitan Flood Control District (FMFCD) has stated that the proposed
vacation area lies within the District's Drainage Area "EH". There are no existing
or proposed Master Plan facilities within the proposed vacation area as detailed
on the Exhibit "B" provided to the District. The District requires that the Master Plan
drainage patterns remain as designed for the proposed vacation area. The District
will need to review and approve any improvement plans associated with the project
(i.e. grading plan and street plans), for conformance with the Master Plan drainage
patterns prior to implementation. Should you have any questions regarding this
matter, please do not hesitate to contact Gary Chapman at (559) 456-3292.
2. The City of Fresno Water Division has the condition:
a. Currently, there is an existing 1-inch water meter and 4-inch sewer
connection located within the proposed vacation. Therefore, Public Utilities
are in full support of the 10-foot PUE to be reserved.
PW File 13341