Agenda Item Wording:
title
Abandon Public Utility Easement and Right of Way - Ordering the summary vacation and abandonment of portions of the public utility easements and right of way dedications over Parcels 6 and 7 of Parcel Map No. 4645. Property located on Legacy Ave, approximately 500’ west of American St. Resolution No. 2024-31. APN: 073-220-017 and 073-220-018.
body
Deadline for Action: N/A
Submitting Department: Community Development
Contact Name and Phone Number: Katlin Rowley - (559) 713-4474, katlin.rowley@visalia.city <mailto:katlin.rowley@visalia.city> Jason Huckleberry, Engineering and Building Department Director - (559) 713-4495, jason.huckleberry@visalia.city <mailto:jason.huckleberry@visalia.city>
Department Recommendation: Staff recommends that City Council adopt Resolution No. 2024-31 ordering the summary vacation and abandonment of the portions of the public utility easements and right of way dedications over Parcels 6 and 7 of Parcel Map No. 4645, without the need of a public hearing.
Background Discussion:
In October 2004, the public utility easements and right of way dedications through Parcels 6 and 7 were dedicated to the City under Parcel Map 4645. Portions of the public utility easements and right of way dedications, more clearly shown in Attachments “B”, “C”, “D”, and “E” will be abandoned back to the property owner. The easements and right of way being vacated at this time are related to an industrial cul-de-sac that was not necessary once the westerly adjacent property developed. Improvements associated with Parcel Map 4800 provided a through street, extending Legacy Avenue and making the cul-de-sac, and associated easements and right of way unnecessary.
The vacation and abandonment of the portions of the public utility easements and right of way dedications meet the provisions for use of summary proceedings with no public hearing or public posting as prescribed in the California Streets and Highways Code.
Findings for Easement Vacation
The public utility easements being vacated meet the definition of Streets and Highways Code Section 8306, definition of public service easement:
“Public service easement” includes all or part of, or any right in:
(a) A right-of-way, easement, or use restriction acquired for public use by dedication or otherwise for sewers, pipelines, pole lines, electrical transmission and communication lines, pathways, storm drains, drainage, canal, water transmission lines, light and air, and other limited use public easements other than for street or highway purposes.
(b) An easement or right of a type described in Section 8340.
The vacation and abandonment portion of the public service easement 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 the excess public service easement in any of the following cases as 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.
Streets and Highways Code Section 8333:
The legislative body of a local agency, or any public officer or employee authorized by the legislative body as provided in subdivision (a) of Section 8335, may summarily vacate a public service easement in any of the following cases:
(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; portions of the public utility easements have been superseded by relocation. New public utility easements are in effect under record numbers ____ and ____.
Findings for Right of Way Vacation
The right of way along Legacy Ave being vacated meets the definition of Streets and Highways Code Section 8308, definition of street and highway:
“Street” and “highway” include all or part of, or any right in, a state highway or other public highway, road, street, avenue, alley, lane, driveway, place, court, trail, or other public right-of-way or easement, or purported public street or highway, and rights connected therewith, including, but not limited to, restrictions of access or abutters’ rights, sloping easements, or other incidents to a street or highway.
The vacation of the portions of right of way along Legacy Ave meets the provisions for use of summary proceedings with no public hearing or public posting as prescribed in the California Streets and Highways Code. The Legislative body of a local agency may summarily vacate a street or highway that has been superseded by relocation as stated in Section 8330 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 Highways Code Section 8330:
(a) The legislative body of a local agency may summarily vacate a street or highway that has been superseded by relocation.
(b) A street or highway shall not be summarily vacated pursuant to this section if vacation would do either of the following:
(1) Cut off all access to a person’s property which, prior to relocation, adjoined the street or highway.
(2) Terminate a public service easement, unless the easement satisfies the requirements of Section 8333.
Under paragraph (a) of the referenced California Streets and Highways Code, Section 8330, the right of way dedications have been superseded by relocation as the right of way in question was for a cul-de-sac that was ultimately made a through street per Parcel Map 4800 in book 49 of parcel maps at page 5.
Fiscal Impact:
N/A
Prior Council Action: October 18, 2004, Council approved for recordation Parcel Map 4645. December 11, 2006, Council approved for recordation Parcel Map 4800.
Other: N/A
Alternatives: N/A
Recommended Motion (and Alternative Motions if expected):
recommendation
“I move to authorize the adoption of Resolution No. 2024-31, ordering the summary vacation and abandonment of portions of the public utility easements and right of way dedications over Parcel 6 and 7 of Parcel Map No. 4645.”
end
Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: : Attachment A - Parcel Map 4645, Attachment B - Parcel 6 Public Utilities Easement Abandonment Location, Attachment C - Parcel 6 Right of Way Abandonment Location, Attachment D - Parcel 7 Public Utilities Easement Abandonment Location, Attachment E - Parcel 7 Right of Way Abandonment Location, Location Map, Resolution No. 2024 - 31