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23-1298 Resolution to Vacate

Fresno City Council
September 14, 2023

Document
23-1298 Resolution to Vacate
Meeting
September 14, 2023
Body
Fresno City Council
Original file
1.2 MB
Text extracted from the city's file for reading and search. Open the original on legistar2.granicus.com. That file is the official record.

RESOLUTION NUMBER -----

A RESOLUTION OF THE COUNCIL OF THE CITY OF

FRESNO, CALIFORNIA, ORDERING THE SUMMARY

VACATION OF A PORTION OF A PUBLIC STREET

EASEMENT ON THE SOUTHEAST CORNER OF EAST

SHAW AVENUE AND NORTH FRESNO STREET
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 (commencing with Section 8330) thereof, to summarily vacate a portion of a public street easement at the southeast corner of East Shaw Avenue and North Fresno Street, as described on Exhibit A and as shown on Exhibit B, which are attached and incorporated in this Resolution; and WHEREAS, Zinkin & Penny, LLC is requesting the proposed vacation of a portion of a public street easement at the southeast corner of East Shaw Avenue and North Fresno Street; and
WHEREAS, the purpose of this proposed vacation is to accommodate development associated with Development �ermit Application No. D-17-120, which is the construction of an approximately 2,240 square foot commercial retail A. T. & T. building with associated parking and landscaping; and
WHEREAS, the Traffic and Engineering Services Division has reviewed this proposal and determined the portion of a public street easement at the southeast corner of East Shaw Avenue and North Fresno Street which is proposed to be vacated as described on Exhibit A and as shown on Exhibit B, is not necessary at this location; and WHEREAS, this action is being taken pursuant to the provisions of the Public 1 of 3
Date Adopted:

Date Approved:

Effective Date:

City Attorney Approval: H:t Resolution No.

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 September 14, 2023, that portion of a public street easement at the southeast corner of East Shaw Avenue and North Fresno Street as described on Exhibit A and as shown on Exhibit B 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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