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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 PORTION OF PUBLIC WATERMAIN
EASEMENT ON PARCEL N OF PARCEL MAP N UMBER
2008-13, LYING SOUTHWEST OF NORTH RIVERSIDE
DRIVE, BETWEEN WEST HERNDON AVENUE AND
NORTH VETERANS 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 (commencing with Section 8330) thereof, to summarily vacate a portion of a public watermain easement on Parcel N of Parcel Map N umber 2008-13, lying southwest of North Riverside Drive, between West Herndon Avenue and North Veterans Boulevard as described in Exhibit A and as shown on Exhibit B, which are attached and incorporated in this Resolution; and WHEREAS, Rich Development Enterprises, LLC is requesting the proposed vacation of a portion of a public watermain easement on Parcel N of Parcel Map Number 2008-13, lying southwest of North Riverside Drive, between West Herndon Avenue and North Veterans Boulevard as described on Exhibit A and as shown on Exhibit B, which are attached and incorporated in this Resolution; and
WHEREAS the purpose of this proposed vacation is to accommodate Water Main Improvements associated with Water Job number J5755 for commercial development; and
WHEREAS, the Traffic and Engineering Services Division has reviewed this proposal and determined the public watermain easement on Parcel N of Parcel Map KAS
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Number 2008-13, lying southwest of North Riverside Drive, between West Herndon Avenue and North Veterans Boulevard as described on Exhibit A and as shown on Exhibit B is no longer necessary at this location because the watermain associated with this easement was relocated during the construction of the Hobby Lobby. Please see the Exhibits accompanying this Resolution; and
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 January 11, 2024, that portion a public water main easement as described in 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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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 :
TODD STERMER, CMC
City Clerk
By:
Deputy Date
APPROVED AS TO FORM:
ANDREW JANZ
City Attorney
BY:
Date
Deputy City Attorney
Attachments:
Exhibits A and B
PW13225