Agenda Item Wording:
title
Adopt Resolution 2021-62 ordering the Summary Vacation and Abandonment of the 10 foot wide Irrevocable Offer of Dedication over Parcel 1 and the 60 foot wide Irrevocable Offer of Dedication over the Remainder parcel of Parcel Map No. 4516, recorded in Book 46 of Parcel Maps at Page 21, Tulare County Records.
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Deadline for Action: 11/15/2021
Submitting Department: Community Development
Contact Name and Phone Number:
Jeff Land, Professional Land Surveyor, jeff.land@visalia.city <mailto:jeff.land@visalia.city>, (559) 713-4630
Paul Bernal, Community Development Director, paul.bernal@visalia.city <mailto:paul.bernal@visalia.city>, (559) 713-4025
Department Recommendation:
Staff recommends that the City Council adopt Resolution 2021-62 ordering the Summary Vacation and Abandonment of the 10 foot wide Irrevocable Offer of Dedication over Parcel 1 and the 60-foot wide Irrevocable Offer of Dedication over the Remainder parcel of Parcel Map No. 4516, recorded in Book 46 of Parcel Maps at Page 21, Tulare County Records.
Summary:
Parcel Map No. 4516, located on the southwest corner of North Plaza Drive and West Ferguson Avenue, offered a 10-foot wide Irrevocable Offer of Dedication (I.O.D.) over Parcel 1 and a 60-foot wide I.O.D. over the Remainder parcel, to the City of Visalia for future public right-of-way (see attached IOD Aerial Abandonment). The site for which the IOD abandonment is requested is now being proposed for development with a single industrial use and the need for a public street is no longer required as a result of the site’s development plan that will use a shared private access drive instead of a public street. The I.O.D. may be abandoned and vacated as no future development will incorporate a public street for internal circulation.
Background Discussion:
Parcel Map No. 4516 recorded in April 2002 and offered an Irrevocable Offer of Dedication (I.O.D.) approximately 1,500 feet south of Ferguson Avenue along Plaza Drive (see attached parcel map). The intent of the I.O.D was to provide internal circulation for future parcels to the west of this site that would be bound by Ferguson Avenue to the north, Plaza Drive to the east, American Street to the west, and Goshen Avenue to the south. However, development of the area referred to as Mid-State 99 (see attached Mid-State 99 Site Aerial I.O.D Abandonment) that would have utilized a local industrial public street never materialized and the site has now been sold to a new owner that is seeking to develop the entire Mid-State 99 area with a large industrial use. The current development plan for Mid-State 99 is requesting the future public street be a private driveway that can provide access to the future industrial use on-site. Currently, there is a building permit for the northerly parcel that is being processed, and improvement plans indicate the private access driveway will be built at time of construction of the future warehouse building.
A city can terminate an irrevocable offer of dedication for street purposes per section 7050 under Chapter 12.7 (Dedication of Real Property of Public Purposes) of Division 7 (Miscellaneous) of Title 1 (General) of the Government Code in the same manner as prescribed for summary vacations of streets or highways by the California Streets and Highway Code as follows:
Government Code Section 7050:
With the consent of the city, county, or city and county, as the case may be, an irrevocable offer of dedication of real property for any public purpose, including, but not limited to, streets, highways, paths, alleys, including access rights and abutter’s rights, drainage, open space, public utility or other public easements, parks, or other public places, may be made pursuant to this section. Such offer of dedication shall be executed, acknowledged, and recorded in the same manner as a conveyance of real property. Such offer of dedication, when recorded in the office of the county recorder, shall be irrevocable and may be accepted at any time by the city council of the city within which such real property is located at the time of acceptance or, if located in unincorporated territory, by the board of supervisors of the county within which such real property is located.
Such offer of dedication may be terminated and the right to accept such offer abandoned in the same manner as is prescribed for the summary vacation of streets or highways by Part 3 (commencing with Section 8300) of Division 9 of the Streets and Highways Code. Such termination and abandonment may be by the city council of the city within which such real property is located or, if located in unincorporated territory, by the board of supervisors of the county within which such real property is located.
The procedure prescribed by this section shall be alternative to any other procedure authorized by law.
The summary vacation and abandonment of the 10-foot and 60-foot wide IODs meets 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 street that has been impassable for a period of five consecutive years and no public money was expended for maintenance on the street during such period as stated in section 8331 and for any excess right-of-way in any of the following cases stated in Section 8334 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:
Streets and Highway Code Section 8331:
(a) For a period of five consecutive years, the street or highway has been impassable for vehicular travel.
(b) No public money was expended for maintenance on the street or highway during such period.
Streets and Highway Code Section 8334:
(a) An excess right-of-way of a street or highway not required for street or highway purposes.
(b) A portion of a street or highway that lies within property under one ownership and that does not continue through such ownership or end touching property of another.
Both conditions specified in paragraphs “a” and “b” of California Streets and Highways Code section 8331 apply, the IOD area has been effectively impassable for usage for more than five consecutive years, since no public roadway was built or accepted by the City and no public money has been expended in that period to maintain this area for at least five consecutive years. In addition, Streets and Highways Code section 8334(a) applies as sufficient justification to support summary abandonment since this section of the street is in excess and not required for street purposes.
Fiscal Impact:
N/A
Prior Council Action:
On March 18, 2002, the City Council approved for recordation Parcel Map No. 4516.
Other:
On January 8, 2002, the Planning Commission approved Tentative Parcel Map 2001-04 (i.e., Final Map 4516).
Alternatives: N/A
Recommended Motion (and Alternative Motions if expected):
recommendation
I move to adopt Resolution 2021-62 ordering the Summary Vacation and Abandonment of the 10-foot wide Irrevocable Offer of Dedication over Parcel 1 and the 60-foot wide Irrevocable Offer of Dedication over the Remainder parcel of Parcel Map No. 4516, recorded in Book 46 of Parcel Maps at Page 21, Tulare County Records.
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Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments:
1. Resolution 2021-62 Summary Vacation and Right-of-Way Abandonment.
2. I.O.D Aerial Abandonment
3. Mid-State 99 Site Aerial I.O.D Abandonment
4. Parcel Map No. 4516