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25-519 GS Band Jensen Resolution to Vacate

Fresno City Council
May 1, 2025

Document
25-519 GS Band Jensen Resolution to Vacate
Meeting
May 1, 2025
Body
Fresno City Council
Original file
676 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.________________ R ESOLUTION NO. __________
A

RESOLUTION OF THE COUNCIL OF THE CITY OF

FRESNO, CALIFORNIA, TO VACATE A PORTION OF THE

PUBLIC STREET RIGHT OF WAY LOCATED ON THE

WEST SIDE OF SOUTH GOLDEN STATE BOULEVARD,

NORTH OF EAST JENSEN AVENUE
W
HEREAS, pursuant to Resolution of Intention No. 1157-D, on file in the Office of the City Clerk of the City of Fresno (City Clerk), a public hearing was held on April 24, 2025, 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 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 as described in Exhibit “A” and as shown on Exhibit “B,” which are attached and incorporated in this Resolution; 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 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 t he City of F resno as follows:

1. The Council finds from all the evidence submitted that the vacation complies with the requirements of the conditions of approval for 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 as described in Exhibit “A” and as shown on Exhibit “B.”

2. The Council f inds t hat t he public st reet r ight of w ay i s unnecessary f or present and prospective public street purposes.

3. The public interest and conv enience require, and it is hereby ordered, that as of April 24, 2025, the public street right of way as described in Exhibit “A” and as shown on Exhibit “B” be vacated.

4. The proceedings for the vacation of such public street right of way are intended to be and shall be taken subject to the conditions of approval as listed in attached 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 2 of 4
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Clerk.

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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S

TATE 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 :

Mayor Approval: , 2025
Mayor Approval/No Return: , 2025
Mayor Veto: , 2025
Council Override Vote: , 2025
T

ODD STERMER, CMC
City Clerk
B
y:

Deputy Date
Date
APPROVED AS TO FORM:

ANDREW JANZ
City Attorney
B
y:

Kelsey A Seib Date
Deputy City Attorney
A
ttachments:

Exhibit A – Public Street Right of Way Vacation Legal Description Exhibit B – Public Street Right of Way Vacation Depiction Exhibit C – Vacation Conditions of Approval
P
W 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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