Cities Index.
24-1386 Resolution to Vacate

Fresno City Council
November 21, 2024

Document
24-1386 Resolution to Vacate
Meeting
November 21, 2024
Body
Fresno City Council
Original file
551 KB
Text extracted from the city's file for reading and search. Open the original on legistar2.granicus.com. That file is the official record.

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Date Adopted:

Date Approved:

Effective Date:

City Attorney Approval: KAS

Resolution No.________________
RESOLUTION NO. ____________

A RESOLUTION OF THE COUNCIL OF THE CITY OF

FRESNO, CALIFORNIA , TO VACATE PORTIONS OF

EXCESS PUBLIC STREET RIGHT OF WAY ON THE

NORTHEAST SIDE OF NORTH WEBER AVENUE AND THE

SOUTHEAST SIDE OF WEST FARRINGTON AVENUE,

NORTHWEST OF WEST HERNDON AVENUE

WHEREAS, pursuant to Resolution of Intention No. 1155-D, on file in the Office of the City Clerk of the City of Fresno (City Clerk), a public hearing was held on November 21, 2024, at a regular meeting of the Council of the City of Fresno, California (City), at which time evidence was heard for and against the vacation of portions of excess public street right of way on the northeast side of North Weber Avenue and the southeast side of West Farrington Avenue, northwest of West Herndon Avenue; and WHEREAS, the area proposed for vacation as described in Exhibit A and as shown on Exhibit B, which are attached and incorporated in this Resolution; and WHEREAS, Fresno Hospitality LLC is requesting the proposed vacation; and WHEREAS, the purpose of this proposed vacation is to accommod ate the construction of a ±19,682 (±59,366 gross) square foot three (3) story hotel (Hilton Home 2 Suites) associated with Development Permit Application P22-00207; and WHEREAS, the Traffic and Engineering Services Division, other City departments and utility agencies have reviewed the proposed vacation and determined that the excess public street right of way 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

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and conditions of approval as listed in attach ed Exhibit C . Exhibits A, B, and C 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.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Fresno as follows:

1. The Council finds from all the evidence submitted that the vacation complies with the requirements of the conditions of approval for the construction of a ±19,682 (±59,366 gross) square foot three (3) story hotel (Hilton Home 2 Suites) associated with Development Permit Application P22 -00207 as described in Exhibit A and as shown on Exhibit B.

2. The Council finds that the public street easement for the public street right of way is unnecessary for present and prospective public street purposes.

3. The public interest and convenience require, and it is hereby ordered, that as of November 21, 2024 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 conditions of approval as listed in attach ed Exhibit C , which is attached and incorporated herein. 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 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.

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6. 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.

7. 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 :

Mayor Approval: , 2024
Mayor Approval/No Return: , 2024
Mayor Veto: , 2024
Council Override Vote: , 2024

TODD STERMER, CMC
City Clerk

By:

Deputy Date
Date
APPROVED AS TO FORM:

ANDREW JANZ
City Attorney

By:

Kelsey A. Seib Date
Deputy City Attorney

Attachments:

Exhibit A – Street Easement Vacation Legal Description
Exhibit B – Street Easement Vacation
Exhibit C – Vacation Conditions of Approval

PW File No. 12457
Public Street Vacation
EXHIBIT "A"

LEGAL DESCRIPTION
That portion of F Street and No11h Weber Avenue lying adjacent to Block 73 of the Map of the Town of Herndon, in the City of Fresno, County of Fresno, State of California, according to the map thereof recorded in Volume 1 of Miscellaneous Maps at Page 27, Fresno County Records, described as follows; BEGINNING at the West corner of Lot 32 of said Block; thence South 56°51 '53" East, along the Southwesterly line of said Block, a distance of 235.21 feet to the beginning of a 40.00 foot radius non­ tangent curve concave Northerly, a radial to said beginning bears South 08°16'27" East; thence Westerly, along said curve, through a central angle of 41 °24'35", an arc distance of 28.91 feet to a point being 10.00 feet Southwesterly of the Southwesterly line of said Block; thence North 56°51 '53" West, parallel with and 10.00 feet Southwesterly of the Southwesterly line of said Block, a distance of 209 .28 feet; thence North 12°48'21" West, a distance of 13.19 feet to a point being 10.00 feet Northwesterly of the Northwesterly line of said Block; thence North 33°02'28" East, parallel with and 10.00 feet Northwesterly of the Northwesterly line of said Block, a distance of 260.35 feet to a point on the Northwesterly prolongation of a line being parallel with and 140.00 feet Southwesterly of the Southwesterly line of Lot 34 of the Map of the J.C. Forkner Fig Gardens Subdivision No.10 recorded in Volume 10 of Plats at Page 38 Fresno County Records; thence South 56°57'32" East, along said prolongation, a distance of 10.00 feet to a point on the N011hwesterly line of said Block; thence South 33°02'28" West, along the Northwesterly line of said Block, a distance of 259.53 feet to the POINT OF BEGINNING.

Containing 4,921 square feet, more or less.

Dixon & Associates, Inc. - WO# 17-095
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P.L.S. 9484
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Ref. & Rev.

Plot No:

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" B" EXHIBIT
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WEST FARRINGTON AVENUE
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CITY OF FRESNO DEPARTMENT OF PUBLlC WORKS

A PORTION OFF STREET AND NORTH
WEBER AVENUE TO BE VACATED.

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SCALE: 1" = 60'
17-095
Proj. ID:

Fund No.:

Org. No.:

Dr.By: GMR
Ck.By:

Dote: Feb. 14, 2024
Scale: 1 • = 60'
SHEET NO. 1
OF 1 SHEETS
15-A-
EXHIBIT “C”

VACATION CONDITION OF APPROVAL

1. The proposed vacation area lies within the District's Drainage Area "EH". There are no existing or proposed Master Plan facilities within the proposed vacation area as detailed on the Exhibit "A" provided to the District. The District requires that the Master Plan drainage patterns remain as designed for the proposed vacation area. The District will need to review and approve any improvement plans associated with the project (i.e. grading plan and street plans), for conformance with the Master Plan drainage patterns prior to implementation.

Should you have any questions regarding this matter, please do not hesitate to contact Gary Chapman at (559) 456-3292.

2. Pacific Gas and Electric Company may have facilities within the area proposed for vacation. Please contact Fabian Cano at (559) 263-7472. For further details.

3. City of Fresno Engineering Division requires that the developer provide street improvement plans for all frontage requirements. If you have any questions, please contact Francisco Magos at (559) 621-8679.

PW File 12457

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