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25-325 Resolution of Intent No. 1157-D.pdf

Fresno City Council
March 27, 2025

Document
25-325 Resolution of Intent No. 1157-D.pdf
Meeting
March 27, 2025
Body
Fresno City Council
Original file
648 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 of Intent Number 1157-D
RESOLUTION OF INTENT NUMBER 1157-D

A RESOLUTION OF THE COUNCIL OF THE CITY OF

FRESNO, CALIFORNIA OF INTENTION TO VACATE A

PORTION OF THE PUBLIC STREET RIGHT OF WAY

LOCATED ON THE WEST SIDE OF SOUTH GO LDEN

STATE BOULEVARD, NORTH OF EAST JENSEN AVENUE

WHEREAS, it is the intention of the Council of the City of Fresno, State of California (the City), to approve the vacation of a portion of the public street right of way located on the west side of South Golden State Boulevard, north of East Jensen Avenue; and WHEREAS, the area proposed for vacation is as described in Exhibit “A” and as shown on Exhibit “B,” 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; and WHEREAS, California-Fresno Investment Company, a California corporation, is requesting the proposed vacation; and
WHEREAS, the purpose of this proposed vacation is to propose a 4-lot subdivision of an approximately 4.28- acre property in the IH (Employment – Heavy Industrial) zone district, including an approximately 9,650.1 square foot vacation of public street right of way abutting the property along South Golden State Boulevard, north of East Jensen Avenue; and
WHEREAS, the Traffic and Engineering Services Division, other City departments and utility agencies have reviewed the proposed vacation and have determined that the 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

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to Section 15300.2 proposed to be vacated , and conditions of approval as listed in attached Exhibit “C.”
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Fresno as follows:

1. The hour of 10:00 a.m. on March 27, 2025, in the Council Chambers in Fresno City Hall, 2600 Fresno Street, Fresno 93721, is hereby fixed as the time and place when and where all persons interested in or objecting to the proposed vacation may appear before the Council and be heard in relation thereto.

2. The Council elects to proceed under the provisions of Chapter 3, commencing with Section 8320, of the Public Streets, Highways, and Service Easements Vacation Law of the State of California (California Street and Highways Code Sections 8300 et seq.).

3. The Public Works Director of the City is directed to cause notices of the proposed vacation to be published and posted for the time and in the manner prescribed by the provisions of Sections 8322 and 8323 of the California Streets and Highways Code.

4. The Council preliminarily determines that the public street right of way proposed to be vacated is not useful as a bicycle path or route under applicable general, specific, or community plans and policies. If the Council does not rescind such preliminary determination, based on evidence or public testimony presented to it, orally or in writing, at or before the April 24, 2025, 9:15 a.m., hearing, the Council may proceed to make a final determination, at the public hearing, that the public street right of way be vacated as provided herein.
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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 2025.

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:

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

PW File No. 13360

EXHIBIT “C”

CONDITIONS OF APPROVAL OF THE STREET VACATION

1. RESERVING an easement and right-of-way for public utility purposes over, under, through, and across that Real Property situated in the City of Fresno, County of Fresno, State of California, more particularly described and shown as follows:

See Exhibits “A” and “B”, which are attached hereto and incorporated herein;

TOGETHER WITH the right to enter upon said Real Property and to use equipment and materials thereon by agents and employees of said City and agents and employees of any public utility corporation as defined in Section 216 of the California Public Utilities Code whenever necessary for the purpose of constructing, reconstructing, enlarging, operating or repairing of public utilities and appurtenances thereto. Said easement shall be maintained by GRANTOR(S) free of any surface obstructions so that GRANTEE may have vehicular access at all times.

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