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Date Adopted:
Date Approved:
Effective Date:
City Attorney Approval: ______ Resolution No.
____________
RESOLUTION NUMBER ____________
A RESOLUTION OF THE COUNCIL OF THE CITY OF
FRESNO, CALIFORNIA, ORDERING THE SUMMARY
VACATION OF A STORM DRAIN BASIN EASEMENT LYING
NORTH OF EAST JENSEN AVENUE, BETWEEN SOUTH
KNIGHT AVENUE AND SOUTH MARTIN LUTHER KING JR.
BOULEVARD
WHEREAS, the Council has elected to proceed under the provisions of the Public Streets, Highways, and Service Easements Vacation Law (Division 9, Part 3 of the California Streets and Highways Code), and specifically Chapter 4 (co mmencing with Section 8330) thereof, to summarily vacate a storm drain basin easement lying north of East Jensen Avenue, between South Knight Avenue and South Martin Luther King Jr.
Boulevard, as shown on Exhibit A, which is attached and incorporated in this Resolution; and
WHEREAS, the City of Fresno is requesting the proposed vacation of a storm drain basin easement lying north of East Jensen Avenue, between South Knight Avenue and South Martin Luther King Jr. Boulevard, as shown on Exhibit A; and WHEREAS the purpose of this proposed vacation is to eliminate an existing storm drain basin easement that is no longer needed due to the proposed storm drain basin being relocated to a new area; and
WHEREAS, the Traffic and Engineering Services Division has reviewed this proposal and determined the proposed vacation of a storm drain basin easement lying north of East Jensen Avenue, between South Knight Avenue and South Martin Luther King Jr. Boulevard, as shown on Exhibit A is not necessary at this location, said Exhibit is included in this Resolution; and
KAS
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WHEREAS, this action is being taken pursuant to the provisions of the Public Streets, Highways, and Service Easements Vacation Law (Cal. Sts. & Hy. Code §§ 8300- 8363).
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Fresno as follows:
1. The public interest and convenience require, and it is hereby ordered, that as of August 10, 2023, the storm drain basin easement lying north of East Jensen Avenue, between South Knight Avenue and South Martin Luther King Jr. Boulevard, as shown on Exhibit A be vacated.
2. 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 of Fresno, to be recorded in the Office of the County Recorder of the County of Fresno, State of California.
3. 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.
4. 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:
Date
Deputy City Attorney
Attachment:
Exhibit A
PWF 13217