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Date Adopted:
Date Approved:
Effective Date:
City Attorney Approval: KAS Resolution of Intent 1164-D RESOLUTION OF INTENT NUMBER 1164-D
A RESOLUTION OF THE COUNCIL OF THE CITY OF
FRESNO, CALIFORNIA OF INTENTION TO VACATE
PORTIONS OF CITY -OWNED RIGHT OF WA Y LOCATED
AT THE NORTHEAST CORNER OF NORTH MILBURN
AVENUE AND WEST DAKOTA AVENUE FOR DOLORES
HUERTA PARK
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 City-owned right of way located at the northeast corner of North Milburn Avenue and West Dakota 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, Public Works Department of the City of Fresno, California, is requesting the proposed vacation; and
WHEREAS, the purpose of this proposed vacation is to accommodate the construction of Dolores Huerta Park; 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 and as shown on Exhibit B is unnecessary for present or prospective public street purposes, subject to a reservation of a public utility easement as described in Exhibit C and as shown in Exhibit D, and Conditions of Approval as listed in Exhibit E, 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
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Fresno Street, Fresno, California, 93721. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Fresno as follows:
1. The hour of 9:15 a.m. on September 17, 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 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.
4. 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 determination, based on evidence or public testimony presented to it, orally or in writing, at or before the September 17, 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:
Deputy Date
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 Map
Exhibit C – Reservation of Public Utility Easement Legal Description Exhibit D – Reservation of Public Utility Easement Vacation Map Exhibit E – Condition of Approval
PW File No. 13402
ONE SHEET ONLY
EXHIBIT “A”
APN 511-200-30T RIGHT OF WAY BEING VACATED
That portion of the parcel described in the dedication of right of way for public street purposes recorded 09/21/1990 as City of Fresno Resolution No. 90-396, as Document No. 90113970, Official Fresno County Records, described as follows:
COMMENCING at the Southwest corner of the Southwest quarter of the Southeast quarter of the Northwest quarter of Section 23, Township 13 South, Range 19 East, Mount Diablo Base and Meridian; Thence North 0° 02’ 04” East, along the West line of said Southwest quarter, 332.13 feet to the South line of the North 5.00 acres of said Southwest quarter; Thence North 89° 58’ 22” East, along said South line, 40.00 feet to a line parallel with and 40.00 feet East of said West line, being the East line of the parcel conveyed in said Resolution No. 90-396, also being the True Point of Beginning;
Thence along the East and North lines of said parcel the following five (5) courses:
1. South 0° 02’ 04” West, 268.51 feet;
2. South 44° 59’ 41” East, 12.18 feet;
3. North 89° 58’ 16” East, 101.24 feet;
4. South 60° 16’ 45” East, 16.12 feet;
5. North 89° 58’ 16” East, 496.92 feet to the East line of said Southwest quarter; Thence South 0° 03’ 29” West, along last said East line, 5.00 feet to a line parallel with and 42.00 feet North of the South line of the South line of said Southwest quarter; Thence South 89° 58’ 16” West, on said parallel line, 621.10 feet; Thence North 45° 00’ 00” West, 10.86 feet to a line parallel with and 32.00 feet East of said West line; Thence North 0° 02’ 04” East, on last said parallel line, 282.45 feet to the South line of said North 5.00 acres;
Thence North 89° 58’ 22” East, along said South line, 8.00 feet to the True Point of Beginning.
Approximately containing 6,367 square feet
S0° 02' 04"W 268.51'
N89° 58' 16"E 101.24'N89° 58' 16"E 496.92'S89° 58' 16"W 621.10' N0° 02' 04"E 282.45'
S44° 59' 41"E 12.18'S60° 16' 45"E 16.12'S0° 03' 29"W 5.00'N45° 00' 00"W 10.86' 30'
40.00'
40.00'
POINT OF COMMENCEMENTSW COR. SW1/4, SE1/4, NW1/4 SEC.23-13/19
TRUE POINT OF BEGINNING
SOUTH LINE SW1/4, SE1/4, NW1/4 SEC. 23-13/19
N0° 02' 04"E 332.13'
8.00'
55'
47'
42'N89° 58' 16"E
47'
32.00'
32.00'
PREPARED BY:324 S. SANTA FE, STE. AVISALIA, CA 93292TEL: 559.802.3052FAX: 559.802.3215www.4-creeks.com0' 100' 100'
LEGENDAREA OF EXISTING RIGHT OF WAY BEING VACATED (6,367 sf) WEST LINE SW1/4, SE1/4, NW1/4, SEC. 23-13/19
EXHIBIT "B"
DAKOTA AVENUE
MILBURN AVENUEPOR. SW1/4, SE1/4, NW1/4 SEC. 23-13/19APN 511-200-30T APN 311-360-28
SOUTH LINE OF THE NORTH 5.00 AC OF THE SW1/4
EAST LINE SW1/4
EXISTING RIGHT OF WAY PERRESOLUTION NO. 90-396 ASDOC. NO. 90113970 O.F.C.R.
EXISTING RIGHT OF WAY PER RESOLUTIONNO. 90-396 AS DOC. NO. 90113970 O.F.C.R.
N89° 58' 22"E 40.00'
SCALE: 1" = 100'
ONE SHEET ONLY
EXHIBIT “C”
APN 511-200-30T Public Utility Easement Reservation
That portion of Southwest quarter of the Southeast quarter of the Northwest quarter of Section 23, Township 13 South, Range 19 East, Mount Diablo Base and Meridian in the City of Fresno, County of Fresno, State of California described as follows:
COMMENCING at the Southwest corner of the Southwest quarter of the Southeast quarter of the Northwest quarter of Section 23, Township 13 South, Range 19 East, Mount Diablo Base and Meridian;
Thence North 89° 58’ 16” East, along the South line of said Southwest quarter, 660.77 feet to the East line of said Southwest quarter;
Thence North 0° 03’ 29” West, along said East line, 47.00 feet to the North line of the parcel conveyed in said Resolution No. 90-396, said line also being a line parallel with and 47.00 feet North of said South line;
Thence South 89° 58’ 16” West, along said North line, 156.33 feet to the True Point of Beginning; Thence South 0° 01’ 44” East, 5.00 feet to a line parallel with and 42.00 feet North of said South line; Thence South 89° 58’ 16” West, along last said parallel line, 46.22 feet; Thence North 0° 01’ 44” West, 5.00 feet to said North line and a point hereinafter known as “Point A”;
Thence North 89° 58’ 16” East, along said North line, 46.22 feet to the True Point of Beginning;
Together with that portion of Southwest quarter of the Southeast quarter of the Northwest quarter of Section 23, Township 13 South, Range 19 East, Mount Diablo Base and Meridian in the City of Fresno, County of Fresno, State of California described as follows:
Commencing at the aforementioned “Point A”;
Thence South 89° 58’ 16” West, along the North line of the parcel conveyed in said Resolution No. 90-396, a distance of 105.84 feet to the True Point of Beginning; Thence South 0° 01’ 44” East, 5.00 feet to a line parallel with and 42.00 feet North of said South line; Thence South 89° 58’ 16” West, along last said parallel line, 10.00 feet; Thence North 0° 01’ 44” West, 5.00 feet to said North line; Thence North 89° 58’ 16” East, along said North line, 10.00 feet to the True Point of Beginning;
Approximately containing 281.10 square feet
S89° 58' 16"W 156.33'S0° 01' 44"E 5.00'S89° 58' 16"W46.22'N0° 01' 44"W 5.00'46.22'N89° 58' 16"ES0° 01' 44"E 5.00'S89° 58' 16"W 10.00'N0° 01' 44"W 5.00'N89° 58' 16"E 10.00' N89° 58' 16"E 660.77'
S89° 58' 16"W 105.84'
47.00'
42.00'
42.00'
PREPARED BY:324 S. SANTA FE, STE. AVISALIA, CA 93292TEL: 559.802.3052FAX: 559.802.3215www.4-creeks.com0' 60' 60'
LEGENDAREA TO BE RESERVED FOR A PUBLICUTILITY EASEMENT (281.10 SF) EXHIBIT "D"
DAKOTA AVENUE
POR. SW1/4, SE1/4,NW1/4 SEC. 23-13/19APN 511-200-30T
EAST LINE SW1/4, SE1/4, NW1/4, SECT. 23-13/19
SOUTH LINE SW1/4, SE1/4, NW1/4 SEC. 23-13/19
EXISTING RIGHT OF WAY PER RESOLUTIONNO. 90-396 AS DOC. NO. 90113970 O.F.C.R.
N0° 03' 29"W47.00'
POINT "A"TRUE POINTOF BEGINNINGTRUE POINTOF BEGINNING
POINT OF COMMENCEMENTSW COR. SW1/4, SE1/4, NW1/4, SECT. 23-13/19
FUTURE RIGHT OF WAY
47.00'
SCALE: 1" = 60'
EXHIBIT “E”
VACATION CONDITIONS OF APPROVAL
1. Pacific Gas and Electric Company requires an easement or relocation of their facilities within the proposed area to be vacated.