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Number 2017-332 and replacing it with this resolution that shows the new vacation limits for North Carnegie Avenue; and
WHEREAS, the City of Fresn o Public Works Department now requests the vacation of a portion of North Carnegie Avenue, between West Bullard Avenue and Union Pacific Railroad, as described in Exhibit A and as shown on Exhibit B, which are attached and incorporated in this resolution; 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 as 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, said exhibits are 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, since a portion of the original vacation as ordered by Resolution N o. 2017-332 is being removed, and the remaining portions of the vacation have been duly noticed and addressed during the hearing held on December 7, 2017, the City’s Attorney’s Office has determined that this resolution can be presented and approved as a Council consent item.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Fresno as follows:
1. Resolution No. 2017-332 is hereby rescinded.
2. The Council finds from all the evidence submitted that the vacation of a
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portion of North Carnegie Aven ue, between West Bullard Avenue and Union Pacific Railroad as described in Exhibit A and as shown on Exhibit B are unnecessary for present and prospective public street purposes.
3. The public interest and convenience require, and it is hereby ordered, tha t as contemplated by Resolution of Intention No. 1118 -D adopted by the Council on December 7, 2017, the public street easement as described in Exhibit A and as shown on Exhibit B be vacated.
4. 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. All work required by such conditions shall be completed in compliance with City Standard Specifications and approved by the Public Works Department.
5. The City reserves the entire area being vacated as a permanent easement, to be used any time, to construct, maintain, operate, replace, remove and renew sanitary sewers, water mains, storm drains, and appurtenant structures in, upon, and over the public road easement proposed to be vacated and, pursuant to any existing franchises or renewals thereof, or otherwise, to construct, maintain, operate, replace, remove, renew and enlarge lines of pipe, conduits, cables, wires, poles, and other convenient structures, equipment, and fixtures for the operation of gas pipelines, telegraphic and telephone lines, railroad lines, and for the transportation or distribution of electric energy, petroleum and its products, ammonia and water, and for incidental purposes, including access to protect such works from all hazards in, upon, and over the public street easement to be vacated. The portion to be reserved pursuant to this paragraph is shown on Exhibit "B”
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6. 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.
7. 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.
8. This vacation shall become effective on the date this resolution is recorded.
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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 day of 2023.
AYES :
NOES :
ABSENT :
ABSTAIN :
Mayor Approval: , 2023
Mayor Approval/No Return: , 2023
Mayor Veto: , 2023
Council Override Vote: , 2023
TODD STERMER, CMC
City Clerk
By:
Deputy Date
APPROVED AS TO FORM:
ANDREW JANZ
City Attorney
By:
Angela M. Karst Date
Deputy City Attorney
Attachments:
Exhibit A – Street Easement Vacation Legal Description
Exhibit B – Street Easement Vacation
PW File No. 11844