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Resolution - City Council - 79-155 - 1979-04-17
Public 11orks x ocordi uested by ' D IN OFFICIAL ty'Clerk, Fresno, Cax,, 48363 h oar, CAu No Foe.Govt Cade 6103 & 27382 Not urn # City 1e FILE NO. 6654 APR 26 1,979 RESOLUTION N© " l GALE t uA��,..,,` E ourtty Reardr RESOLUTION ORDERING VACATION OF A PUBLIC ,ALLEY 8031 2 WHEREAS, pursuant to Resolution of Intention.No. 766-Dil on file herein, a public hearing ,was held at 2415 p.m. on the 17th day of April, 1979, at a -regular meeting of the Council of the City of Fre-sno in the Council Chambers of the Fresno City Hall: in the City of Fresno, County of Fresno, State of California, at which time and place evidence was heard for and against the vacation of a portion, of the Brown - Princeton Alley test of Wilson Avenue, and., WHEREAS, the City Traffic Engineer has reviewed the pro- posed vacation action and determined that it will have no adverse effect upon traffic_ circulation, and; WHEREAS, findings of Environmental Assessment No. 2732 indicate that the proposed vacation action will have "no possibility of significant effect on the environment"', and; WHEREAS, the Council of the City of Fresno now finds from all the evidence submitted that such alley, hereinafter particularly described is unnecessary for present and pro- spective public alley purposes; NOW, THEREFORE, THE COUNCIL OF THE CITY OF FRESNO, pursuant to the provisions of the 'Street Vacation Act of 1941", being Sections 8300-8374 of the Streets and Highways Code of the State of California, DOES HEREBY RESOLVE AS FOLLOWS: 1. The Public interest and convenience require, and it is hereby ordered, that as contemplated by Resolution of Intention No. 766WU adopted by the Council of the City of Fresno on the 27th day of March, 1979, the vacation of a portion of the Brown -Princeton Alley West of Wilson Avenue situated in the City and County of Fresno, be and the same is hereby closed, vacated and abandoned for public alley purposes. For further particulars as to the proposed vaca- tion, reference is hereby made to the map entitled "Map EFFECTA 4t., KVIV71nu 5JG2 Attached to Resolution of Intention No. 766-D," on file in the Office of the City Clerk of the City of Fresno, at the Fresno City Hall, 2326 Fresno Street Fresno, California 93721, and by this reference, made a part hereof. 2. That the City of Fresno intends to reserve and ex- cept from the proposed vacation the permanent easement and right at any time, or from time to time, to construct,, main- tain, operate, replace, remove, and renew sanitary sewers and storm drains and appurtenant structures and, pursuant to any existing franchises or renewals, thereof, or otherwise, to construct, maintain, operate, replace, remove, renew and en- large lines of pipe, conduits, cables, wires, poles, and other convenient structures, equipment and fixtures for the operation of gas pipe lines, telegraphic and telephone lines, railroad lines, and for the transportation or distribution of electric energy, petroleum and its products, ammonia, water, and: incidental purposes, including access and the right to keep the property free from flammable materials, and wood growth, and otherwise f protect the same from all hazards beneath, in, upon,over and across the entire area herein vacated. 3. That all proceedings for the vacation of such alley- shall be and they are taken subject to the foregoing reserva- tions and exceptions. 4.- The Council finds and determines that the rights of way or parts thereof vacated are not useful as bicycle paths or routes. 5. The City Clerk of the City of Fresno shall certify to the passage of this resolution and shall cause a certified copy thereof attested by the Clerk under the seal of the City of Fresno, to be recorded in the office of the County Recorder of the County of Fresno, State of California,