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RESOLUTION OF INTENT NO. 1129-D
A RESOLUTION OF INTENTION OF THE COUNCIL OF
THE CITY OF FRESNO, CALIFORNIA, TO VACATE A
PORTION OF WEST DEVLAN AVENUE AND NORTH
WEBER AVENUE NORTH OF THE SOUTHERN PACIFIC
RAILROAD
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 West Devlan Avenue and
North Weber Avenue north of the Southern Pacific Railroad; and
WHEREAS, the area proposed for vacation as shown in Exhibit "A", said exhibit
is 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, Susan Flores is requesting the proposed vacation; and
WHEREAS, the purpose of this vacation is to eliminate excess public street right-
of-way; and
WHEREAS, the Public Works Department, 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 shown in Exhibit "A" is unnecessary for
present or prospective public street purposes subject to the Conditions of Approval as
listed in Exhibit "B" attached hereto and made a part thereof.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Fresno as
follows:
1. The hour of 10:00 a.m. on May 16, 2019, in the Council Chambers in Fresno City
Hall, 2600 Fresno Street, Fresno 93721, is hereby fixed as the time and place when and
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Date Adopted: 4/25/2019
Date Approved:4/25/2019
Effective Date: 4/25/2019 Resolution No. 1129-D
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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 May 16, 2019, 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, 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 25th day of April 2019.
AYES Arias, Bredefeld, Chavez, Esparza, Soria, Caprioglio
NOES None
ABSENT None
ABSTAIN None
YVONNE SPENCE, MMC, CRM
City Clerk
BY: �)Vv''OLX-�-
Deputy
APPROVED AS TO FORM:
DOUGLAS T. SLOAN
CITY ATTORNEY'S OFFICE
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BY: (41 905cr
idtvAastrup
Deputy
Attachment: Exhibits "A" and "B"
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m FRESNO, CA 93722 FRESNO, CA 93722
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31 PARCEL B: 5100 SQ. FT.
GRAPHIC SCALE
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& ASSOCIATES * s No. 4823
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zi 2090 NORTH WINERY AVENUE,FRESNO,CALIFORNIA 93703 L�IlA CApFILE 18-p27E,1"02
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REF & REV CITY OF FRESNO PRCU D o co „
201_. DEPARTMENT OF PUBLIC WORKS ORG.. NO.
m PWF DR. BY.- M.E. SHEET NO. 1
A PORTION OF WEST DE" AVENUE & A PORTION CH. B)' Of' 1 SHEE75
PLAT OF NORTH WEBER AVENUE TO BE ABANDONED DATE. 03/19/19
a SCALE.. AS SHOWN 15—A—
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EXHIBIT "B"
VACATION CONDITIONS
The following conditions must be met before the vacation resolution can be recorded:
1. The proposed street vacation area lies within the Fresno Metropolitan Flood
Control District's Drainage Area "EH". This portion of Devlan Avenue is located in
an area that has historically provided a passage for major storm flows from the
areas to the north and east of the proposed vacation area. As a condition of the
vacation a passageway for major storm flows must be provided and a drainage
channel easement shall be granted to the District. The size and type of drainage
channel easement will need to be reviewed and approved by the District prior to
implementation. Approximately 131 acres of land contribute to this major storm
water flow location.
The District will need to review and approve any improvement plans associated
with the vacation (i.e. grading plan and street plans), for conformance with the
Master Plan drainage patterns prior to implementation.
2. The City of Fresno Street Maintenance Division requires a 6.00 foot wide public
utility easement reserved for street light maintenance. If you have any questions
or concerns about the requirements please contact Bill Shoemaker at (559) 621-
1312.
PW File 12259