HomeMy WebLinkAboutResolution - City Council - 82-540 - 1982-11-16• • Pub l i c Works
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9ttt:ord:na roqu11sted by
' Cl:V c:::-r:(~ F."eSJlO. Califomltt
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,.. tla f-oa-G,avt. CoC:o 6103 & 273a
RofUllf fo Ci~ Cl&tk, Fl0$1IO
RESOLUTION NO • 82-540 ..,, _____ _
WHEREAS, pursuant to Resctlutton of Intention No.. 832-D, on
file in the Office of the City Clei:rk, a public hearing was held on
the 16th day of November, 1982, at a regular meeting of council of
the City of Fresno, county of Fresno, State of California, at
which time and place evidence was .heard for and against the
vacation of the hereinafter described rights of way o.r parts
thereof, situated within the City of Fresno; and
WHEREAS, the City Traffic Eng:lneer has revi,ewed the propos.ed
vaca:tion action and determined tha'\t. it will h~iv~~ no adverse effecl:
upon traffic circulation; and
WHEREAS, the Council finds and determin~~s that the rights q~
way or :parts thereof proposed to bE~ vacated are not useful as
bicycle paths or routes; and
WHJsREAS, findings of Envi ron1n~~ntal Assessment l~o. 467 5
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 finos from all
evidence submitted that such rights' of way of parts. thereof are
unnecessary for present and prospective public street purposes; and
WHEREAS, this action is in fut:rtherance and satisfaction of
the provisions 1of Sections 3, 4, and 14 of the Agree~ment between
the City of Fresno, Builders Concrete, Inc., and River Bend corp.,
dated Augu.st 12, 1981, and amended. ~,n August 13 1 1982 (hereinafter
referred to as the "Agreement•); a.nd
WHE.REAS, this action is being i::aken pursuant to the
provisions of the Public streets, Highways, and service Easements
Vacation Law, being Sections 8300-8~t63, Part 3, Division 9 of the
Streets and Highways Code of the State of California ..
NOW I THEREFORE,. BE IT RESOLVED:
1~ The public interest and convenience require, and it is
hereby ordered, th.at as contemplated by Resolution of Intention
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J32-D, adopted by the council of the City of Fresno on the
. aay of October, 1982, the hereinafter described rights of way
OL parts thereof situated in the City of Fresno be and the same
are hereby closed¥ vacalc-.ed and abandoned for public street
purposes.
2. The rights of way or parts thereof to be vacated are
described as follows:
A portion of Ashlan Avenue between Weber and
Valentine Avenues.
For further particulars as to the proposed vacation,
reference is hereby n1ade to the attached Exhibit .. A .. "
3. That all proceedings for the vacation of such right of
way or parts thereof are intended to be and shall be taken subject·
to the following conditions and work:
a. The vacation of that portion of Ashlan Avenue which
would revert to Southern Pacific Transportation co. will
not become effective until southern Pacific
TraPsportation Co. conveys to Builders Concrete, Inc.,
and River Bend Corp. an easement over such property,
b., Completion of the Ashlan Avenue Grade Separation project
documented by the final acceptance of the contract.
4. The City of Fresno reserves and excepts from the
vacation the permanent easement and right at any time, or from
time to time, to maintain, operate, replace, remove, and renew the
sanitary sewer, the water main, the storm drain, and appurtenant
structures, if any, existing at the time of adoption of this
Resolution, in, upon, and over a portion of the rights of wa~y or
parts thereof to be vacated and described as follows:
(a) for the sanitary sewer, five feet, mea,sured from the
centerline, on both sides of such line.
(b) for the water main, five feet, measured from the
centerline, on both sides of such line.
{c) for a storm drain, seven and one~half feet, measured
from the centerline, on both sides of such line.
Pursuant to any existing franchises or renewals thereof, the City
of Fresno reserves and excepts fron1 the subject vacation the
permanent easement and right at any time, 01: from time to time, to
maintain, operate, replace, remove, renew, and enlarge lines of
pipe, conduits, cables, wires and other convenient structures,
equipment, and fixtures :Eor the operation of gas pipelines,
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telegraphic and telephone lines, and for the transportation or
distribution of electric energy, existing at the time of adoption
of this Resolution, in, upon, and over a portion of the rights of
way or parts thereof to be vacated and described as follows:
(a} for the gas pipeline, five feet, measured from the
centerline, on both sides of such line.
(b) for the telegraphic and telephone lines, five feet,
measured from the centerline, on both sides of such line~
(c) for the transportation and distribution of electric
energy lines, five feet, measured from the centerline,
on both sides of such line.
No new City or utility service shall be constructed or installed
after the vacation within said easements without the prior written
consent of the landowner.
So That all proceedings for the vacation of such rights of
way or parts thereof are intendE~d to be and shall be taken subject
to the foregoing reservations and exceptions.
6. The City Clerk of the City of Fresno ~shall certify to
the passage of this Resolution and shall file a certified copy,
attested by the Clerk under the seal of the City of Fresno, in the
Office of the City Clerk of the City of Fresnor State of
California"
7" That the Public works Director, upon certifying the
acceptance of the work specified above, shall direct the City
Clerk to record this Resolution and shall execute all documents,
including conveyances of title, necessary to effectuate this
Resolution and the Agreement.
Bo That this vacation shall become effective on the date of
recordation of this Resolution.
STATE OF CALIFORNIA
COUNTY OF FRESNO
CITY OF FRESNO
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CLERK'S CERTIFICA~t'ION'
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P.W. r'ILE o. 74 1 0
D
~,~.=:-~PUBLIC RIGHT OF WAY ~iil(f' TO BE VACATED A D
RETAI ED AS A PUBLIC
UTILITY EASEMENT ' ..
PUBLIC RIGHT OF AY
TO BE VACATED AND
RETAI ED AS A PUBLI
UTILITY EASEME T ,
D LSO SUBJECT TO
A SPECIAL CO DITIO
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