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, APPROVING THE SUMMARY
VACATION OF THOSE PORTIONS OF THE PUBLIC
STREET EASEMENTS LOCATED ON THE EAST SIDE OF
BROADWAY AVENUE, NORTH OF DIVISADERO 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 vacate a portion of the public street easement s located on the east side of Broadway Avenue, north of Divisadero Street; and WHEREAS, Margaret R. Boyajian Courtis and Jeffrey L. Boyajian are requesting the vacation of those portions of the public street easements located on the east side of Broadway Avenue, north of Divisadero Street, as shown and described in Exhibits “A” & “B” and incorporated in this Resolution; and
WHEREAS the purpose of the vacation is to eliminate excess 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 located within the area proposed for vacation as shown and described in Exhibit s “A” & “B”; and
WHEREAS, the Traffic and Engineering Services Division has further determined that the area proposed for vacation as shown and described on the attached Exhibits “A” & “B”, which is 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 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 Council finds from all the evidence submitted for the vacation of those portions of the public street easements located on the east side of Broadway Avenue, north of Divisadero Street, as shown and described in Exhibits “A” & “B,” is unnecessary for present and prospective public street purposes.
2. From and after the date this resolution is recorded, those portions of the public street easements located on the east side of Broadway Avenue, north of Divisadero Street, as shown on the attached Exhibits, shall no longer constitute a public street easement.
4. The City Clerk shall certify 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. ************************
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 , 2025.
AYES
:
NOES :
ABSENT :
ABSTAIN :
T
ODD STERMER, CRM
City Clerk
BY:
Deputy
APPR
OVED AS TO FORM:
ANDREW JANZ
CITY ATTORNEY'S OFFICE
BY:
K elsey A Seib Date
Deputy City Attorney
Attachments: Exhibits “A” and “B”