HomeMy WebLinkAboutResolution - - 1104-D - 3/31/2016 RESOLUTION OF INTENTION NO. 1104-D
A RESOLUTION OF INTENT OF THE COUNCIL OF THE
CITY OF FRESNO, CALIFORNIA, ORDERING THE
VACATION OF THE PUBLIC UTILITY EASEMENT IN THE
EAST GEARY AVENUE ALIGNMENT BETWEEN SOUTH
PLUMAS AND SOUTH WALNUT AVENUES
WHEREAS, it is the intention of the Council of the City of Fresno, State of
California (the "City"), to order the vacation of a public utility easement in the previously
vacated East Geary Avenue, between South Plumas and South Walnut Avenues, as
shown on Exhibit "A", 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, Edison Plaza Partners, L.P. is requesting the proposed vacation;
and
WHEREAS, the purpose of the vacation is to eliminate the reserved public utility
easement held by the City of Fresno and replace it with a smaller specific easement
held by PG&E until such time the existing PG&E facilities are relocated outside of the
East Geary Avenue alignment. At that time PG&E will quitclaim their easement; and
WHEREAS, the Traffic and Engineering Services Division, and PG&E have
reviewed and approved the proposed vacation, subject to the dedication of a speck
easement to PG&E to accommodate its facilities.
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Date Adopted: 03/31/2016
Date Approved: 03/31/2016
Effective Date: 03/31/2016 Resolution No.1104-D
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Fresno as
follows:
1. The hour of 10:00 p.m. on April 28, 2016, in the Council Chambers in
Fresno City Hall, 2600 Fresno Street, Fresno, CA 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 utility easement to be
vacated is not useful. If the Council does not rescind such preliminary determination,
based upon evidence or public testimony presented to it, orally or in writing, at or before
the April 28, 2016, hearing, the Council may proceed to make a final determination, at
the public hearing, that the public utility easement be vacated as provided herein.
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STATE OF CALIFORNIA )
COUNTY OF FRESNO ) ss.
CITY OF FRESNO )
I, YVONNE SPENCE, 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 31 st day of March , 2016.
AYES Baines, Brand, Brandau, Olivier, Quintero, Soria
NOES None
ABSENT Caprioglio
ABSTAIN None
YVONNE SPENCE, CMC
City Clerk
BY: 64-vll�
Deputy
APPROVED AS TO FORM:
DOUGLAS T. SLOAN
CITY ATTORNEY'S OFFICE
BY
Raj Sin h Badhesha
Deputy City Attorney
Attachments: Exhibit"A"
PW File 11991
3of3
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RESOLUTION No, FUND NO RES TYPE
2015-203 DEPARTMENT OF PUBLIC WORKS DRG NO.
DR BY PWL SHEET NO
PUBLIC UTILITY EASEMENT IN
CH BY OF 2 SHEETS
LONG BROTHER'S ADDITION DATE
TO BE VACATED SCALE = 2�'
EXHIBIT "A"
LEGEND
® INDICATES AREAS TO BE VACATED
FOR PUBLIC UTILITY PURPOSES
INDICATES RECORD DATA PER DEED OF
EASEMENT GRANTED TO THE CITY OF FRESNO
JULY 14, 2009 AS DOCUMENT No 2009-0095487
X PUBLIC STREET EASEMENT TO BE DEDICATED
DEED OF EASEMENT GRANTED TO THE C/TY OF FRESNO
✓U(Y 14, 1009 AS DOCUMENT No. 200.9-0004487
WEST RIGHT OF WAY FOR SOU7H N N i �+ gL0 RpTx�R5
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AFFIDAVIT OF POSTING NOTICE&I,
IN THE MATTER OF THE VACATION OF:
6 1 I i�
AP i 8 ' Z
THE PROPOSED VACATION OF THE PUBLIC UTILITY EASEMENT IN THE EAST GEARY
AVENUE ALIGNMENT BETWEEN SOUTH PLUMAS AND� � W$ ENUES
STATE OF CALIFORNIA )
COUNTY OF FRESNO ) ss.
CITY OF FRESNO )
Jason Camit, being duly sworn, deposes and says:
That he is a citizen of the United States, over the age of twenty-one years, and resident of the
County of Fresno, State of California; that pursuant to instructions given him by Jill Gormley,
Public Works Manager of the City of Fresno, and on the 12th day of April, 2016, he posted
notices of which the annexed typewritten notice is the original thereof, in conspicuous places
along the lines of the street particularly described in said notice, and that such notices were
posted not more than 300 feet apart, and at least three of such notices were posted along the
lines of each street or other public areas proposed to be vacated.
Subscribed and sworn to before me this
day of , 2016.
City Clerk the City of Fresno
P.W. File No. 11991
CITY OF
111
DEPARTMENT OF PUBLIC WORKS
THE PROPOSED VACATION OF THE PUBLIC UTILITY EASEMENT IN THE EAST GEARY
AVENUE ALIGNMENT BETWEEN SOUTH PLUMAS AND SOUTH WALNUT AVENUES
Notice is hereby given that the Council of the City of Fresno has adopted Resolution of Intention
No. 1104-D to vacate the reserved public utility easement held by the City of Fresno and replace
it with a smaller specific easement held by PG&E. The resolution conforms to the provisions of
the Public Streets, Highways, and Service Easements Vacation Law, being Sections 8300-8363
of the California Streets and Highways Code.
Resolution of Intention No. 1104-D sets the hour of 10:00 a.m. on April 28, 2016, in the Council
Chambers in the Fresno City Hall, when all persons interested in or objecting to the proposed
vacation may appear before the Council and offer evidence in relation thereto.
The attached Exhibit "A" details the area proposed to be vacated. Questions related to this
vacation should be directed to Mr. Jason Camit of the Public Works Department, Traffic and
Engineering Services Division, at 621-8681.
Dated: -V— — 2 0/
as6fh�A ;PCS
e# Surveyor
P.W. File No. 11991
EXHIBIT "Aff NORTHEAST CORNER OF
SECTION 17, T. 14 S.,
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[1941.92'[] 1956.94' (1956.97') __ _ _ [652.31'] 652.32' 652.33') CR 6144 —
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PAGE 8, FRESNO COUNTY RECORDS
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ty N FLUSH WITH PAVEMENT POSITION FALLS ON MANHOLE
TAG UNREADABLE INDICATES AREAS TO BE VACATED RE-ESTABLISHED PER TIES
CR 7416 ® FOR PUBLIC UTILITY PURPOSES. CR 6763
89°10'56"E 2626.20' (S 89°10'54"W 2626.25') — —
£AST WURCH A bIWUE
REV. 01/29/16 PWL
PLOT VIEW: SHEET 04
AUTOCAD ID: 15011 EASEMENT.DWG
REF. & REV. CITY OF FRESNO PROD. ID. KRA
RESOLUTION No. FUND NO. RES TYPE
2015-203 DEPARTMENT OF PUBLIC WORKS ORG. NO.
PUBLIC UTILITY EASEMENT IN DR. BY PWL SHEET N0.
CH. BY OF 2 SHEETS
LONG BROTHER'S ADDITION DATE
TO BE VACATED SCALE 1" = 200'