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Title:
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Abandonment of Easements - Adopt Resolution No. 2025-67 ordering the summary vacation and abandonment of a public utility easement and pedestrian access easement within Parcels 2 and 3 of Parcel Map No. 5438; and, further authorize the City Manager to execute the necessary documents to complete the abandonment.
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Agenda Item Wording:
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Abandonment of Easements - Adopt Resolution No. 2025-67 ordering the summary vacation and abandonment of a public utility easement and pedestrian access easement within Parcels 2 and 3 of Parcel Map No. 5438; and, further authorize the City Manager to execute the necessary documents to complete the abandonment.
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Prepared by:
Edelma Gonzalez, Associate Engineer, edelma.gonzalez@visalia.city, (559) 713-4364 Adrian Rubalcaba, Sr. Project Manager, adrian.rubalcaba@visalia.city, (559)713-4507 Jason Huckleberry, Engineering & Building Department Director, Jason.huckleberry@visalia.city, (559)713-4495
Department Recommendation:
Staff recommends adopting Resolution No. 2025-67 ordering the vacation and abandonment of a portion of a public utility easement and pedestrian access easement within Parcels 2 and 3 of Parcel Map No. 5438, located near the northeast corner of Shirk Street and Riggin Avenue, and further authorizing the City Manager to execute the necessary documents to complete the abandonment.
Summary:
Costco Wholesale Corporation (Costco) is developing a retail warehouse, car wash, and fueling station located near the northeast corner of Shirk Street and Riggin Avenue. As part of the conditions of approval of their tentative parcel map (TPM 2023-04) and development plan, both onsite and offsite improvements were required which included a traffic signal on Shirk Street at the entrance serving their site. The easements established with the recording of parcel map do not fully cover the area needed for the signal's installation and maintenance. To address this, Costco is requesting abandonment of the existing easements and providing separate easement dedications to the city to meet the requirements.
Background Discussion:
City Council approved the recordation of TPM 2023-04 on October 7, 2024, and the map was subsequently recorded with Tulare County Records as Parcel Map No. 5438. The conditions of approval of the parcel map required the construction of both onsite and offsite improvements. The recorded parcel map dedicated easements for the traffic signal. As part of the onsite improvements, Costco is installing underground and surface infrastructure to serve an approximately 160,000-square-foot retail warehouse, a car wash, and a fuel station, to be located within Parcels 1, 2, and 3 of Parcel Map No. 5438, respectively.
As part of the offsite public frontage improvements along Shirk Street, a traffic signal at the secondary access entrance serving the Costco site was identified to be installed. Staff have determined that the recorded easement areas within Parcels 2 and 3 of Parcel Map No. 5438 do not fully encompass the area required for installation and ongoing maintenance of the traffic signal structures, mechanical systems, and electrical equipment. To resolve this deficiency, Costco Wholesale Corporation is requesting abandonment of the existing public utility easement and pedestrian access easement within Parcels 2 and 3 of Parcel Map No. 5438, further delineated in Attachment "A," and providing new easement dedications that adequately cover the areas necessary for the public purposes. The proposed revised easements are depicted in Attachment "B," attached hereto for reference.
The vacation and abandonment of the easements meet the provisions for use of summary proceedings with no public hearing or public posting as prescribed in the California Streets and Highways Code. A local agency may summarily vacate or terminate a public service easement in any of the following cases stated in Section 8333 under Chapter 4 (Summary Vacation) of Part 3 (Public Streets, Highways, and Service Easements Vacation Law) of Division 9 (Change of Grade and Vacation) of the California Streets and Highways Code:
a) The easement has not been used for the purpose for which it was dedicated or acquired for five consecutive years immediately preceding the proposed vacation.
b) The date of dedication or acquisition is less than five years, and more than one year, immediately preceding the proposed vacation, and the easement was not used continuously since that date.
c) The easement has been superseded by relocation, or determined to be excess by the easement holder, and there are no other public facilities located within the easement.
Under paragraph "c" of the referenced California Streets and Highways Code; the easements have been superseded by relocation or determined to be excess by the easement holder and there are no other public facilities located within the easement.
Fiscal Impact: No impacts anticipated.
Prior Council Action: On October 7, 2024, Council approved for recordation of Parcel Map 5438.
Other: N/A
Alternatives: Council may elect to deny request to vacate a portion of public service easement within parcel 2 and 3 of parcel map no. 5438, located east of Shirk Street, north of Riggin Avenue.
Recommended Motion (and Alternative Motions if expected):
recommendation
I move to adopt Resolution No. 2025-67 ordering the summary vacation and abandonment of a public utility easement and pedestrian access easement within Parcels 2 and 3 of Parcel Map No. 5438 and further authorize the City Manager to execute the necessary documents to complete the abandonment.
Environmental Assessment Status: N/A
CEQA Review: N/A
Deadline for Action: 9/15/2025
Attachments:
1. Location Map
2. Attachment A - Location of the vacated easements
3. Attachment B - Location of the revised easements
4. Parcel Map 5438
5. Resolution