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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 A PORTION OF
STREET RIGHT OF WAY LOCATED AT NORTH BRAWLEY
AVENUE AND WEST BUCKINGHAM WAY, A PORTION
BEING CITY-OWNED RIGHT OF WAY
WHEREAS, pursuant to Resolution of Intention No. 1163-D, on file in the Office of the City Clerk of the City of Fresno (City Clerk), a public hearing was held on July 30, 2026, 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 street right of way located at North Brawley Avenue and West Buckingham Way, a portion being city-owned right of way; and
WHEREAS, the area proposed for vacation is as described in Exhibit A and as shown on Exhibit B, which are attached and 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, Optimum Properties, LLC, is requesting the proposed vacation; and WHEREAS, the purpose of this proposed vacation 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 easement proposed for vacation as described in Exhibit A and as shown on Exhibit B is unnecessary for present or prospective public street purposes,
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subject to a reservation of a public utility easement as shown in Exhibit B, 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 Council finds from all the evidence submitted that the vacation off a portion of street right of way located at North Brawley Avenue and West Buckingham Way, a portion being city-owned right of way as described in Exhibit A and as shown on Exhibit B are unnecessary for present and prospective public street purposes.
2. The public interest and convenience require, and it is hereby ordered, that as of August 27, 2026 the public street easement as described in Exhibit A and as shown on Exhibit B be vacated.
3. The proceedings for the vacation of such right of way are intended to be and shall be taken subject to a reservation of a public utility easement as shown in Exhibit B, and Conditions of Approval as listed in Exhibit C, which are 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.
4. 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.
5. 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
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Engineer or the Public Works Director.
6. 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, 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 :
Mayor Approval: , 2026
Mayor Approval/No Return: , 2026
Mayor Veto: , 2026
Council Override Vote: , 2026
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 – Street Easement Vacation Legal Description
Exhibit B – Street Easement Vacation and PUE Reservation Map Exhibit C – Condition of Approval
PW File No. 13608
DALE G. MELLENGINEERING & SURVEYING SERVICES& ASSOCIATES
EXHIBIT “C”
VACATION CONDITION OF APPROVAL
1. Fresno Metropolitan Flood Control District requires a 20-foot-wide public utility easement for their facilities within the proposed area to be vacated.