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Date Adopted:
Date Approved:
Effective Date:
City Attorney Approval: KAS Resolution No.
RESOLUTION OF INTENT NUMBER 1163-D
A RESOLUTION OF THE COUNCIL OF THE CITY OF
FRESNO, CALIFORNIA, OF INTENTION TO VACATE
PORTIONS OF UNDEVELOPED STREET RIGHT-OF-WAY
LOCATED AT NORTH BRAWLEY AVENUE AND WEST
BUCKINGHAM WAY, A PORTION BEING CITY -OWNED
RIGHT-OF-WAY
WHEREAS, it is the intention of the Council of the City of Fresno, State of California (the City), to order the vacation of portions of undeveloped street right-of-way located at North Brawley Avenue and West Buckingham Way, a portion of which is City-owned right- of-way, with a reservation therefrom for a public utility easement; and WHEREAS, the area proposed for vacation is described in Exhibit A-1 and shown on Exhibit B-1, both of which are incorporated herein by reference and are on file in the Office of the City Clerk of the City at Fresno City Hall, 2600 Fresno Street, Fresno, California, 93721; and
WHEREAS, Optimum Properties LLC , a California limited liability company , is requesting the proposed vacation; and
WHEREAS, the purpose of this proposed vac ation is to accommodate the construction of a commercial retail building, a gas canopy, and a car wash associated with Conditional Use Permit Application Numbers P19-04757 and P23-02136; and WHEREAS, the Traffic and Engineering Services Division, other City departments and utility agencies have reviewed the proposed vacation and determined that the public street right-of-way proposed for vacation as described in Exhibit A -1 and as shown on Exhibit B-1 is unnecessary for present or prospective public street purposes, subject to a 2 of 8
reservation of a public utility easement as shown o n Exhibit B -1, and Conditions of Approval as listed in Exhibit C, said exhibits are incorporated herein by reference and on file in the Office of the City Clerk of the City at Fresno City Hall, 2600 Fresno St reet, Fresno, California, 93721.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Fresno as follows:
1. The hour of 9:10 a.m. on August 27, 2026 , 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 vacation shall reserve therefrom a public utility easement over that portion of the area to be vacated, as described in Exhibit A-1 and shown on Exhibit B-1.
4. 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 15303 and 15332 of the California Streets and Highways Code.
5. The Council preliminarily determines that the public street 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 3 of 8
determination, based on evidence or public testimony presented to it, orally or in writing, at or before the August 27, 2026 , hearing, the Council may proceed to make a final determination, at the public hearing, that the public street be vacated as provided herein. * * * * * * * * * * * * * *
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STATE OF CALIFORNIA )
COUNTY OF FRESNO ) ss.
CITY OF FRESNO )
I, AMY K. ALLER , 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 2026.
AYES :
NOES :
ABSENT :
ABSTAIN :
AMY K. ALLER
City Clerk
By:
Date
Deputy
APPROVED AS TO FORM:
ANDREW JANZ
City Attorney
By:
Kelsey A. Seib Date
Deputy City Attorney
Attachments:
Exhibit A-1 – Street Easement Vacation Legal Description Exhibit B-1 – Street Easement Vacation and PUE Reservation Map Exhibit C – Condition of Approval
PW File No. 13608
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