HomeMy WebLinkAboutResolution - - 1158-D - 02/13/2025RESOLUTION OF INTENT NUMBER 1158-D
A RESOLUTION OF THE COUNCIL OF THE CITY OF
FRESNO, CALIFORNIA OF INTENTION TO VACATE A
PORTION OF THE PUBLIC STREET EASEMENT ON THE
NORTH SIDE OF WEST NEES AVENUE, EAST OF WEST
AUDUBON DRIVE
WHEREAS, it is the intention of the Council of the City of Fresno, State of California
(City), to order the vacation of a portion of the public street easement on the north side of
West Nees Avenue, east of West Audubon Drive; and
WHEREAS, the area proposed for vacation is described in Exhibit A and 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, Fresno Supreme, Inc., a California Corporation, is requesting the
proposed vacation; and
WHEREAS, the purpose of this proposed vacation is to comply with the conditions
of approval for the construction of new multi -family apartments and parking garage with
Development Permit Application No. P19-04137; 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 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
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Date Adopted: 02/13/2025
Date Approved: 02/13/2025
Effective Date: 02/13/2025 Resolution of Intent Number 1158-D
follows:
1. The hour of 10:00 a.m. on February 13, 2025 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 March 13, 2025 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, 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 13th day of Februa 2025.
AYES Perea, Karbassi, Arias, Maxwell, Richardson, Esparza
NOES None
ABSENT District 5 (Vacant)
ABSTAIN None
APPROVED AS ORM:
ANDREW J
City Attgrne A
2
Kels y V Seib
❑epuly City Attorney
25
TODD STERMER, CMC
City Clerk
in
Attachments:
Exhibit A — Street Easement Vacation Legal Description
Exhibit B — Street Easement Vacation
Exhibit C — Vacation Conditions of Approval
PW File No. 13480
3 of 3
Z-1
EXHIBIT'A'
LEGAL DESCRIPTION
APN 402-570-08,09
STREET VACATION
THE LAND REFERRED TO HEREIN IS SITUATED IN THE CITY OF FRESNO, COUNTY OF FRESNO, STATE OF
CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
BEING A PORTION OF PARCEL "A" AND "B" OF PARCEL MAP NO. 2004-07, RECORDED IN BOOK 65 OF
PARCEL MAPS, AT PAGES 88 AND 89, FRESNO COUNTY RECORDS, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SECTION 29, TOWNSHIP 12 SOUTH, RANGE 20 EAST,
MOUNT DIABLO BASE AND MERIDIAN; THENCE, ALONG THE SOUTH LINE OF SAID SECTION 29, SOUTH
89°37'08" WEST, A DISTANCE OF 262.88 FEET; THENCE LEAVING SAID SOUTH LINE, NORTH 00°22'52"
WEST A DISTANCE OF 44.00 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF NEES AVENUE,
SAID POINT ALSO BEING THE POINT OF BEGINNING;
THENCE, ALONG SAID NORTH RIGHT-OF-WAY LINE OF SAID NEES AVENUE, SOUTH 89-37,08" WEST, A
DISTANCE OF 78.24 FEET; THENCE LEAVING SAID NORTH RIGHT-OF-WAY LINE, NORTH 44'37'08" EAST,
A DISTANCE OF 16.43 FEET; THENCE NORTH 00'22'52" WEST, A DISTANCE OF 3.38 FEET; THENCE
NORTH 89037'08" EAST, A DISTANCE OF 55.00 FEET; THENCE SOUTH 00°22'52 EAST, A DISTANCE OF
3.38 FEET; THENCE SOUTH 45'22'52" EAST, A DISTANCE OF 16.43 FEET TO THE TRUE POINT OF
BEGINNING.
RESERVING THEREFROM THE NORTH 3.38', TO BE RESERVED FOR PUBLIC UTILITY PURPOSES.
CONTAINS AN AREA OF 960 SQUARE FEET, MORE OR LESS.
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09-24-2024
PWF# 13480
PLAT: 1054
OWNER INFO:
FRESNO SUPREME INC.
215 W. FALLBROOK AVE. #224 _o,
FRESNO, CA 93711
RIGHT OF WAY DEDICATED
FOR PUBLIC STREET
PURPOSES PER
DOCUMENT NO.
2019-0077215, O.R.F.C.
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LEGEND:
EXHIBIT "B"
BASIS OF BEARINGS
THE SOUTH LINE OF THE SOUTHEAST
QUARTER OF SECTION 29, T. 12 S., R.
20 E., M.D.B. & M., TAKEN TO BE
N89'37'08"E AS SHOWN ON PARCEL
MAP NO. 2004-07, RECORDED IN
VOLUME 65 OF PARCEL MAPS, AT
PAGES 88-89, F.C.R.
�PROZ�Q (�M�pS
—
❑F �009 ,
N8937-08"E P�GZp� �0I
55.00, Np.
NO'22'52"W P 5O'22'52'E
3.38` 2 3.38' 1
N44 37'08'E S45'22'52'E
16.43' 16.43'
— NEES AVENUE- —
— — EXISTING PARCEL LINE
EXISTING CENTERLINE
EXISTING EASEMENT LINE
® INDICATES ±960 S.F. RIGHT—OF—WAY
TO BE VACATED
INDICATES ±186 S.F. RIGHT—OF—WAY TO BE
RESERVED AS A PUBLIC UTILITY EASEMENT.
EXISTING EASEMENTS:
S89'37'08"W
NO'22'52 W �
78.24' I 44.00' b
L S89'37'08'W 262.88'
`- BASIS OF BEARINGS
N SOUTHEAST CORNER OF SECTION
29, T. 12 S., R. 20 E..
4 M.D.B. & M.
SCALE IN FEET
0 50 100 200
EXISTING 10' P.U.E. PREVIOUSLY DEDICATED
G LAND
TO CITY OF FRESNO PER PM NO. 2004-07
pt�P SG
REC. IN BOOK 65. AT PAGES 88-89, F.C.R.
YNc p�
EASEMENT & RIGHT OF WAY FOR PUBLIC STREET
2
PURPOSES DEEDED TO THE CITY OF FRESNO PER
DOCUMENT NO. 2002-0157926, O.R.F.C.
EXISTING P.U.E. PREVIOUSLY DEDICATED TO
CITY OF FRESNO PER DOCUMENT NO.
O.R.F.C.
s� No. 8154
qT
2019-0077215,
F
OF Cp4,�
EXISTING PEDESTRIAN EASEMENT PREVIOUSLY
4
DEDICATED TO CITY OF FRESNO PER
09-24-2024
DOCUMENT NO. 2024-0079431, O.R.F.C.
REF.& REV.
CITY OF FRESNO
PROD. ID.
FUND N0.
IPWF#1 3480
DEPARTMENT OF PUBLIC WORKS
ORG. NO.
AFFECTING PARCEL B OF PARCEL MAP NO. 2004-07
DR. BY:
J.LOWRY
°F
PLAT: 1054
ACCORDING TO THE MAP THEREOF, RECORDED MARCH 1, 2006 IN BOOK 65
CH. BY:
C.LOWRY
OF PARCEL MAPS, AT PAGES 88 THROUGH 89. IN THE OFFICE OF THE
DATE: _
04/25/2025
COUNTY RECORDER OF SAID COUNTY
SCALE:
1" = 100'
EXHIBIT "C"
CONDITIONS OF APPROVAL OF THE STREET VACATION
1. RESERVING an easement and right-of-way for public utility purposes over, under,
through, and across that Real Property situated in the City of Fresno, County of
Fresno, State of California, more particularly described and shown as follows:
See Exhibits "A" and "B", which are attached hereto and incorporated herein;
TOGETHER WITH the right to enter upon said Real Property and to use equipment
and materials thereon by agents and employees of said City and agents and
employees of any public utility corporation as defined in Section 216 of the
California Public Utilities Code whenever necessary for the purpose of
constructing, reconstructing, enlarging, operating or repairing of public utilities and
appurtenances thereto. Said easement shall be maintained by GRANTOR(S) free
of any surface obstructions so that GRANTEE may have vehicular access at all
times.