RESOLUTION NO. ____ _
A RESOLUTION OF THE COUNCIL OF THE CITY OF
FRESNO, CALIFORNIA, TO VACATE A PORTION OF A 16
FOOT-WIDE ALLEY ADJACENT AND SOUTH OF LOT 1
AND A PORTION OF LOT 2 OF WALLING TRACT
WHEREAS, pursuant to Resolution of Intention No. 1151-D, on file in the Office of the City Clerk of the City of Fresno (City Clerk), a public hearing was held on March 30, 2023,
at a regular meeting of the Council of the City of Fresno, California (City), at which time evidence was heard for and against the vacation of a portion of a 16 foot-wide alley adjacent and south of Lot 1 and a portion of Lot 2 of Walling Tract; and WHEREAS, the area proposed for vacation as described in Exhibit A and as shown on Exhibit B, are attached, and incorporated in this Resolution; and WHEREAS, Juan Alvarez Macias, owner of Vibez Lounge is requesting the proposed vacation; and
· WHEREAS, the proposed vacation is to eliminate an encroachment into the alley from existing patio improvements per site plan number P20-01790; and WHEREAS, the Traffic and Engineering Services Division, other City departments and utility agencies have reviewed the proposed vacation and determined that the public alley right-of-way easement proposed for vacation as described in Exhibit A and as shown on Exhibit B is unnecessary for present or prospective public alley 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, said exhibits are incorporated herein by reference and on file in the Office of the City Clerk of the City at Fresno City 1 of 3
Date Adopted:
Date Approved:
� Effective Date:
City Attorney Approval:. Resolution No. -------
Hall, 2600 Fresno Street, Fresno, California, 93721.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Fresno as follows:
1. The Council finds from all the evidence submitted that the vacation of a portion of a 16-foot-wide alley adjacent and south of Lot 1 and a portion of Lot 2 of Walling Tract as described in Exhibit A and as shown on Exhibit B are unnecessary for present and prospective public alley purposes.
2. The public interest and convenience require, and it is hereby ordered, that as of March 30, 2023, the public alley easement as described in Exhibit A and as shown on Exhibit B be vacated.
3. The proceedings for the vacation of such right of way are intended to be and shall be taken 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, which is attached and incorporated herein. All work required by such conditions shall be completed in compliance with City Standard Specifications and approved by the Public Works Department.
4. The City Clerk shall certify to the passage of this Resolution and shall file a certified copy, attested by the City Clerk under the seal of the City, in the Office of the City Clerk.
5. The City Clerk shall file a certified copy of the resolution for recordation in the Office once all work associated with this requirement has been accepted by the City Engineer or the Public Works Director.
6. This vacation shall become effective on the date this resolution is recorded. 2 of 3
EXHIBIT “C”
VACATION CONDITION OF APPROVAL
1. A.T. & T. has existing facilities within the area proposed to be va cated. They are requesting a public utility easement be reserved over the entire area to be vacated.
They will require 24 hour access to this publ ic utility easement. If you have any questions concerning this condition, please contact Brian Weldon of A.T. & T. at (559) 548-0736.
2. Comcast has existing facilities within the area proposed to be va cated. They are requesting a public utility easement be reserved over the entire area to be vacated.
They will require 24 hour access to this public utility easement. If you have any questions concerning this condition, please contact Cory Sue of Comcast at (559) 455-4221.
3. Fresno Metropolitan Flood Control District has no existing or proposed Master Plan facilities within this Drainage A rea “RR”. The District requires the Master Plan drainage patterns remain as designed for the proposed vacation area. Please contact Rick Lyons of FMFCD if you have any questions at (559) 456-3292.
4. Pacific Gas and Electric has existing facilitie s within t he are a proposed to be vacated. They are requesting a public utility easement be reserved over the entire area to be vacated. They will require 24 hour access to this public utility easement.
If you have any questions concerning this condition, please co ntact Mike Galvan of P.G. E. at (559) 263-5649.
PW File 13038