RESOLUTION NO. ------
A RESOLUTION OF THE COUNCIL OF THE CITY OF
FRESNO, CALIFORNIA, APPROVING THE SUMMARY
VACATION OF A PORTION OF ARTHUR AVENUE
BETWEEN WEST HERNDON AVENUE AND WEST
SPRUCE AVENUE
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 vacate a portion of Arthur Avenue between West Herndon Avenue and West Spruce Avenue; and
WHEREAS, Costco Wholesale Corporation is requesting the vacation of portion of Arthur Avenue between West Herndon Avenue and West Spruce Avenue, as shown and described in Exhibits "A" & "B" and incorporated in this Resolution; and WHEREAS the purpose of the vacation is to eliminate excessive public street right of way and accommodate the development of the adjacent property; and WHEREAS, the Public Works Department, other City departments and utility agencies have reviewed this proposal and have approved the vacation with no conditions after determining that there are no public utility facilities and no public improvements within the area proposed for vacation as shown in Exhibit "A"; and WHEREAS, the Traffic and Engineering Services Division has further determined that the area proposed for vacation as shown on the attached Exhibits "A" & "B", which are attached and incorporated in this Resolution, is unnecessary for present or prospective public street purposes; and
WHEREAS, this action is being taken pursuant to the provisions of the Public 1 of 3
Date Adopted:
Date Approved:
Effective Date: Y Le City Attorney Approval: � Resolution No.
Streets, Hig_hways, 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 Council finds from all the evidence submitted for the vacation of a portion of Arthur Avenue between West Herndon Avenue and West Spruce Avenue, as shown in Exhibits "A" & "B", is unnecessary for present and prospective public street purposes.
2. From and after the date this resolution is recorded, that portion of Arthur Avenue between West Herndon Avenue and West Spruce Avenue, as shown on the attached Exhibits shall no longer constitute a public street easement.
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. 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 _______ , 2024.
AYES
NOES
ABSENT
ABSTAIN
APPROVED AS TO FORM:
ANDREW JANZ
CITY ATTORNEY'S OFFICE
BY: ---------------
Deputy City Attorney
Attachments: Exhibits "A" and "B"
PW File No. 13110
Date
3 of 3
TODD STERMER, CRM
City Clerk
BY: ------------Deputy
EXHIBIT "A"
LEGAL DESCRIPTION
ARTHUR AVENUE STREET VACATION
THAT CERTAIN PROPERTY LOCATED IN THE CITY OF FRESNO, THE COUNTY OF FRESNO, STATE OF CALIFORNIA, IN SECTION 33, TOWNSHIP 25 SOUTH, RANGE 19 EAST, MOUNT DIABLO BASE AND MERIDIAN, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEING All OF ARTHUR AVENUE LOCATED BETWEEN WEST HERNDON AVENUE AND WEST SPRUCE AVENUE, AS SAID AVENUE WAS SHOWN AND ACCEPTED ON THAT CERTAIN MAP ENTITLED "MAP OF THE J.C. FORKNER FIG GARDENS, SUBDIVISION NO. 3" FILED FOR RECORD ON MAY 26, 1920, IN PLAT BOOK 8, AT PAGE 79, FRESNO COUNTY RECORDS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT AT THE INTERSECTION OF THE EASTERLY RIGHT OF WAY LINE OF SAID AURTHER AVENUE (60.00-FEET-WIDE), AND THE NORTHERLY RIGHT OF WAY LINE OF WEST HERNDON AVENUE (60.00-FEET-WIDE);
THENCE ALONG SAID NORTHERLY RIGHT OF WAY LINE, SOUTH 89° 45' OS" WEST, 60.04 FEET, TO
THE INTERSECTION OF SAID NORTHERLY RIGHT OF WAY LINE, WITH THE WESTERLY RIGHT OF WAY LINE OF SAID AURTHER AVENUE;
THENCE ALONG SAID WESTERLY RIGHT OF WAY LINE, NORTH 02° 18' 07" WEST, 1237.24 FEET, TO
THE INTERSECTION OF SAID WESTERLY RIGHT OF WAY LINE, WITH THE SOUTHERLY RIGHT OF WAY LINE OF WEST SPRUCE AVENUE (60.00-FEET-WIDE) SAID WEST SPRUCE AVENUE SHOWN AS JOSEPHINE AVENUE ON SAID MAP (8 P 79);
THENCE ALONG SAID SOUTHERLY RIGHT OF WAY LINE, SOUTH 89° 58' OS" EAST, 60.05 FEET, TO THE
INTERSECTION OF SAID SOUTHERLY RIGHT OF WAY LINE, WITH THE SAID EASTERLY RIGHT OF WAY LINE OF AURTHER AVENUE;
THENCE ALONG SAID EASTERLY RIGHT OF WAY LINE, SOUTH 02° 18' 07" EAST, 1236.95 FEET, TO THE POINT OF BEGINNING.
CONTAINING 74,226 SQUARE FEET OR 1.7040 ACRES OF LAND, MORE OR LESS.
ATTACHED HERETO IS A PLAT LABELED EXHIBIT "B" AND BY THIS REFERENCE MADE A PART HEREOF.
DESCRIPTION PREPARED BY KIER & WRIGHT CIVIL ENGINEERS & SURVEYORS, INC. jj fik
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5/17/2024
DATE
No. 6627
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EXHIBIT
11 B11
PLAT
ARTHUR AVE. VACATION
CITY OF FRESNO, CALIFORNIA
DATE MAY, 2024
SCALE 1" = 200'
BY GKL
JOB NO . A21500-2
..,_ ______ --t SHEET 1 OF 1
Z: \2021 \A21500-2\DWG\SURVEY\PLATS\A21500-2-PD VAC-ARTHUR AVE.dwg 5-17-24 08: 58: 41 AM cjunokos