RESOLUTION NO. 2012-2 18

A RESOLUTION OF TH E COUNCIL OF THE CITY OFFRESNO, CALIFORNIA, TO AFFIRM THE ADOPTION OF AMITIGATED NEGAT IVE DECLARATION FOR PLANAM ENDM ENT NO. A-08 -28, REZON E APPLICATION NO. R­08-38, AND SITE PLAN REVIEW APPLICATION NO. S-08- 120PREPAR ED FOR ENVIRONMENTA L ASSESSMENT NO. A-08­28/R-08-38/S-08 -120, AND TO ORDER THE VACATION OFNORTH BARTON AVENUE BETW EEN EAST PONTIAC WAYAND EAST I-IAMPTON WAY AND EAST PONTIAC WAYBETWEEN NORTH BARTON AVENUE AND STATE ROUTEFREEWAY 168 AND A PEDESTR IAN WALKWAY EASEM ENTON TI-IE EAST SIDE OF NORT H BARTON AVENUE SOUTHOF EAST HAMPTON WAY

WHEREAS, pursuant to Resolution of Intention No. I094-D , on file in the Office of the

City Clerk of the City of Fresno (the City Clerk), a public hearing was held on December 6, 20 12

at a regular meeting of the Council of the City of Fresno, California (the City), at which evidence

was heard for and against the vacation of the hereinafter described public street easements and

public pedestrian walkway easement, situated within the City; and

WHEREAS, Derrel' s Mini Storage is requesting the vacat ion of North Barton Avenue

between East Pontiac Way and East Hampton Way and East Pontiac Way between North Barton

Avenue and State Route Freeway 168 as shown on Exhibit "A" which is attached and incorporated

in this Resolution , and a pedestrian walkway easement on the east side of North Barton Avenue

south of East Hampton Way as shown on Exhibit "13" which is attached and incorporated in this

Resolution; and

WHEREAS, the portions of North Barton Avenue and East Pontiac Way that arc proposed

to be vacated were dedicated for public use by several maps and deeds as shown on said Exhibit

Date Adopted:Date Approved:Effective Date:

12/6120 1212/612012See Section 8

l of 6Resolut ion to Vacate Barton and Pontiac

Resolution No. 2012-218

I.1

( . ~.:;;;~." - <

"A", and the public pedestrian walkway easement was dedicated by a Deed of Easement as shown. ' ~~•<;

on said Exhibit "B"; and

WHEREAS, the purpose of the vacation is to eliminate the public street and public

pedestrian walkway rights-of-way of North Barton Avenue no longer needed and to incorporate a

portion of it into the Derrel ' s Mini Storage expansion as proposed by Plan Amendment No.

A-08-28, Rezone Application No. R-08-38, Site Plan Review Application No. S-08-120, and Lot

Line Adjustment No. 2011-13, and to incorporate the remaining portion of North Barton Avenue

that will not be used by Derrel ' s Mini Storage, together with East Pontiac Way, into the City

owned property lying west and south of Derre l' s Mini Storage as proposed by said Lot Line

Adjustment No. 2011-13; and

WHEREAS , the Traffic and Engineering Services Division, other City departments and

utility agencies have reviewed this proposal and determined that the rights-of-way proposed for

vacation are unnecessary for present or prospective public street or public pedestrian walkway

purposes subject to: 1) the condition that the Developer is to remove all existing street

improvements such as pavement , etc., from the area proposed to be vacated; 2) the issuance of a

Perfection Letter from the City of Fresno certifying the perfection of Lot Line Adjustment No.

2011-13; and 3) the reservation ofa public utility easement over a portion of the area proposed to

be vacated as shown on Exhibit "C" which is attached and incorporated in this Resolution.

Another condition of approval for the vacation has been satisfied by the construction of curb,

gutter, sidewalk, and street lights across North Barton Avenue at East Hampton Way; and

WHEREAS, this vacation is included in the project description for a project that was

previously environmentally assessed pursuant to the California Environmental Quality Act

(CEQA). Environmental Assessment (EA) No. A-08-28/R-08-38/S-08-120, a Mitigated Nega tive

2 of 6Resolution to vacate Barton and Pontiac

Resolution No. 20 12-218

Declaration (MND), was prepared for Plan Amendment No. A-08-28, Rezone Application No.

R-08-38, and Site Plan Review Application No. S-08-120; and

WHEREAS, on April 30, 2009 the City Counci l adopted said EA No. A-08-28/R-08-38/

S-08-120; and

WHEREAS, it is appropriate for the Council to affirm the adopt ion of the Mit igated

Negative Declaration (MND) prepared for Plan Amendment No. A-08-28, Rezone Application

No. R-08-38, and Site Plan Review Application No. S-08-120, given that none of the conditions

described in Section 15162 of the CEQA Guidelines calling for preparat ion ofa subsequent

environmenta l assessment have occurred ; and

WHEREAS, this action is being taken pursuant to the provisions of the Public Streets,

Highways, and Service Easements Vacation Law (California Streets and Highways Code Sections

8300-8363).

NOW, THEREFORE, BE IT RESOLV ED by the Council of the City of Fresno as follows:

I . Based upon the review and consideration of the environmenta l documentation

provided , the adoption of the proposed vacatio n is in the best interest of the City of Fresno. The

Council finds that: I) the vacation falls within the scope of Environmental Assessment (EA) No.

A-08-28/R-08-38/S-08-120 a Mitigated Negative Declaration (MND) prepared for Plan

Amendment No. A-08-28, Rezone Application No. R-08-38, and Site Plan Review Application

No. S-08-120; and 2) none of the conditions calling for the preparation ofa subsequent

environmental assessment, as set forth in Section 151 62 of the CEQA Guidelines, have occurred.

Accordingly, the Counci l affirms the adop tion ofEA No. A-08-28/R-08-38/S-08- 120, a Mitigated

Negative Declaration (MND) prepared for Plan Amendment No. A-08-28, Rezone Application

No. R-08-38, and Site Plan Review App lication No. S-08-120 .

I

3 0f 6Resolution to vacate Barton and Pontiac

Resolution No. 2012-2 18

2.

between East Pontiac Way and East Hampton Way and East Pontiac Way between North Barton

Avenue and State Route Freeway 168 are unnecessary for present and prospective public street

purposes. The public street casements to be vacated are shown on Exhibit "A", which is attached

to and incorporated in this Resolution.

3. The Council finds from all the evidence submitted that the public pedestrian

walkway easement on the east side of North Barton Avenue south of East Hampton Way is

unnecessary for present and prospective public utility purposes. The public pedestrian walkway

easement to be vacated is shown on Exhibit "B", which is attached to and incorporated in this

Resoluti on.

4. The public interest and convenience requi re, and it is hereby ordered, that as

contemp lated by Resolution of Intention No. I094-D adopted by the Council on November 8,

20 12, the public street easements shown on Exhibit "A" and the pedestrian walkway easement

shown on Exhibit "B" be and are hereby vacated and abandoned.

5. The City reserves a portion of the area to be vacated as a permanent easement, to be

used anytime, to construct, maintain, operate, replace, remove and renew sanitary sewers, water

mains, storm dra ins, and appurtenant structures in, upon, and over the public street easement

proposed to be vacated and, pursuant to any existing franchises or renewals thereof, or otherwise,

to construct, maintain , operate, replace, remove, renew and enlarge lines of pipe, conduits, cables,

wires, poles, and other convenient structures, equipment, and fixtures for the operat ion of gas

pipelines, telegraphic and telephone lines, railroad lines, and for the transportation or distribution

of electric energy, petroleum and its products, ammonia and water, and for incidental purposes,

including access to protect such works from all hazards in, upon, and over all of the public street

4 of 6Resolution to vacate Bartonand Pontiac

Resolution No. 2012-218

easement to be vacated. The area to be reserved pursuant to this paragraph is depicted in Exhi

"C", which is attached and incorporated herein.

6. All proceedings for the vacation of such right-of-way arc intended to be and shall

be taken subject to I) the condition that the Developer is to remove all existing street

improvements such as pavement, etc., from the area proposed to be vacated; 2) the issuance of a

Perfection Letter from the City of Fresno certifying the perfection of Lot Line Adjustment No.

20 11-13; and 3) the reservation ofa public utility easement over a portion of the area proposed to

be vacated as shown on Exhibit "C", which is attached to and incorporated in this Resolution. All

work required by such conditions shall be completed in compliance with City Standards and will

require engineered construction plans prepared by a registered civil engineer and approved by the

City of Fresno.

7. 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.

8. The City Clerk shall file a certified copy of the Resolution for recordation in the

Office of the Recorder of Fresno County, but not until the City Engineer determines that the

conditions specified in Section 6 above have been satisfied and accepted by the City. The vacation

shall become effective on the date this Resolution is recorded.

* * * * * * * * * * * * * *

50f6Resolutionto vacate Balian and Pontiac

Resolution No. 2012-2 18

CLERK'S CERTIFICATION

STATE OF CALIFORNIA )COUNTY OF FRESNO ) ss.CITY OF FRESNO )

I, YVONNE SPENCE, City Clerk of the City of Fresno, certify that the foregoingresolution was adopted by the Council of the City of Fresno, at a regular meeting held on the6th day of December, 2012.

AYESNOESABSENTABSTAIN

: Borgeas, Brand , Quintero, Westerlund, Xiong, Olivier: None: Baines: None

N/A, 2012Mayor Approval: -'-"-'-'''''-'''''-'_=

December 17, 2012Mayor Approval /No Return : ~"""~"'__''_'_'_"'"''_'_'''

N/A, 2012

N/A,2012

Mayor Veto: -----'''''-'''''-'''''''_'''

Council Override Vote: .J..:!L.!:h~~

YVONNE SPENCE, CMCCity Clerk

APPROVED AS TO FORM:

BY:

FRANCINE M. KANNEINTERIM CITY ATTORNEY

~

~--z;;l2 12-/ /tf'/; LPatrick Byrne, Deputy City Attorney Date

auy.sccty ldoc name/disk] REV, 05-0 1-12

6 0f 6Resolution to vacate Barton and Pontiac

Resolution No. 2012-2 18

December 7, 2012

TO:

FROM:

SUBJECT:

MAYOR ASHLEY SWEARENGIN

YVONNE SPENCE, CMC (JjCity Clerk 1TRANSM ITTAL OF COUNCIL ACTION FOR APPROVAL OR VETO

At the Council meeting of 12/6/12, Council adopted the attached Resolution No. 2012-218entitled Ordering the vacation of N. Barton Avenue between E. Pontiac Way and E.Hampton Way and E. Pontiac Way between N. Barton and State Route Freeway 168and a public pedestrian walkway easement on the east s ide of N. Barton Avenue southof E. Hampton way, Item No. 10:00 AM 2, by the following vote:

AyesNoesAbsentAbstain

Borgeas, Brand, Olivier, Quintero, Westerlund , XiongNoneBainesNone

Please indicate either your formal approval or veto by completing the following sections andexecuting and dating your action. Please file the completed memo with the Clerk's office onor before December 17, 2012. In computing the ten day period required by Charter, the firstday has been excluded and the tenth day has been included unless the 10lh day is aSaturday, Sunday, or holiday, in which case it has also been excluded. Failure to file thismemo with the Clerk's office within the required time limit shall constitute approval of theordinance, resolution or action, and it shall take effect without the Mayor's signed approval.

Thank you.************************************************************

APPROVED/NO RETURN: XVETOED for the following reasons: (Written objections are required by Charter; attachadditional sheets if necessary.)

Ashley Swearengin, Mayor

COUNCIL OVERRIDE ACTION:AyesNoesAbsentAbstain

Date: _

Date: _ I

I ,

ST RIGHT OF WAY LINEOF STATE ROUTE 168

DIXON & MWCIAOO. INC,LAND SURVEYING

SCALE: ' " 100 '

620 DEWITT, 110 1CLOVIS, CALIFORNIA, 93612

VACATION AREAS OFNORTH BARTON AVENUE

ANDEAST PO NTIAC WAY

01-ol1~-_._...._~

LEGEND

~INDICATES PORTION Of NORTH BARTON AVENUE ANDEAST PONTIAC WAY TO BE VACATED FOR PUBUCSTREET PURPOSES BY THE CITY OF FRESNO.AREA _ 67 568 SF" 1 551 ACRES

EXHIBIT "A" PH: (559)297- 4200 fAX: (559)297-4272

PER GRANT Of EASEMENTR£CORO£O MAY 23, 1988~ DOCUMENT NO.88055602, O.R.f.C.

--- - - - - -+-----I-~

589"16'11"[

PER PARCEL MAP NO.2002- 13, BOOK 62 or

PARCEL MAPS AT PAGES14- 15, r.C.R.

PER GRANT or EASEMENTRECORDED DECEMBER 22,

1983 loS DOCUMnfl NO.83119780, O.R.F.C.

50'

01-09 'IW ,on "" ,"u' - Ihff.'" "' .... St0'WO

620 DEWITT, 610 1CLOVIS, CALIFORNIA, 9361 2

PH: (559 )297-4200 fAX; (559)297-4272

DIXON & AESOCIA'DS. INC.LAND SURVEYING

SCALE: 1"

"B"

VACATION OF PEDESTRIANEASEMENT AREA ALONGNORTH BARTO N AVENUE

LEGEND

~INDICATES PORTION OF PUBLIC PEDESTRIAN EASEMENTALONG NORTH BARTON AVENUE TO BE VACATED FORPUBLIC PEDESTRIAN PURPOSES BY THE CITY OFFRESNO.

ARfA - 74* Sf

0'

PER DEED OF EASEMENTRECORDED IAAY 23, 1988PS DOCUMENT NO.88055606. a .R.F.C.

BARTON AVENUECENTERLINE

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EAST- - HAMPTON WAY- - ------j---+-t----

620 DEWITT, 1 101CLOVIS, CAli FORN!A, 93 612

EXHIBIT "c" PH, (559)2 97 -4200 fAX , (559 )297 - 4272

DIXON &~m, INC.LAND SURVEYING

UTILITY RESERVATIO NAREAS OF

NORTH BARTON AVENUEAND

EAST PONTIAC WAY

LEGEND

SCALE: 1" 100 '

~INDICATES PORTION OF NORTH BARTON AVENUE ANDA PORTION OF EAST PONTIAC AVENUE TO BERESERVED FOR PUBLIC UTIUTY PURPOSES BY THECITY OF FR£SNO.AREA _ 61 004 Sf · 1 4QQ ACRES

- - - - - - - - +-- - -1-----.-

EASTPONTIAC WAY

~2.Uli:.ZZ..<'# ""'cI--I--~:-"'--I-~-

589'16' 111:

EASTHAMPTON-WAY -