Agenda Item Wording:
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Adopt Resolution 2022-14 ordering the Summary Vacation and Abandonment of a portion of public right-of-way on the north side of West Camp Drive, west of South Neeley Street.
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Deadline for Action: 4/4/2022
Submitting Department: Community Development
Contact Name and Phone Number:
Luqman Ragabi, Assistant Engineer, Luqman.ragabi@visalia.city <mailto:Luqman.ragabi@visalia.city> (559)713-4362
Paul Bernal, Community Development Director, Paul.bernal@visalia.city <mailto:Paul.bernal@visalia.city> (559)713-4025
Department Recommendation:
Staff recommends that City Council adopt Resolution 2022-14 ordering the summary vacation and abandonment of the portion of Camp Drive right-of-way described in the attached legal description and map, without the need for a public hearing.
Background Discussion:
In 1992, the City of Visalia acquired additional right-of-way along the northerly portion of West Camp Drive west of South Neeley Street. The additional right-of-way acquired is a triangular portion approximability 3,080 square feet in area (See Exhibit “A”). The intent of the triangular portion was for future road purposes. Please note, Camp Drive is designed per the City’s old Collector roadway standard of 60-feet in width. The triangular area that makes up a portion of the Camp Drive right-of-way has never used by the public and is no longer necessary for the City’s future road improvements.
The abandonment of this triangular area was identified as no longer being required when the adjacent property to the north was submitted through the City’s Site Plan Review process for the future development of this parcel with a CarMax automobile dealership. In 2021, Parcel Map 5437 was recorded creating a parcel that will facilitate the future development of the CarMax automobile dealership for property to the north of the triangular portion of right-of-way. When the CarMax development was going through the City’s Site Plan Review process, staff concluded that this additional right-of-way was no longer necessary. Based on those discussions, Centerpoint Integrated Solutions, the applicant for the CarMax site, submitted a written request to abandon the excess right-of-way along their Camp Drive frontage. Vehicular access rights or approaches are not permitted along this portion of Camp Drive. Rather, the CarMax development will utilize Hillsdale Avenue as the main vehicular access street to their site as required for all automobile dealerships of the Plaza Auto Mall that abut Camp Drive.
A city can abandon right-of-way 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:
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 vacation and abandonment of the triangular portion 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.
Under section 7050 of the Government Code, and also under both paragraph “a” and “b” of section 8331 and under paragraph “a” of section 8334 of the referenced California Streets and Highways Code, the excess triangular portion of right-of-way has not been used for five consecutive years and no public money has been expended in that period and also the 3,080 square feet section of right of way is in excess and not required for street purposes.
Fiscal Impact:
None.
Prior Council Action:
• On April 6, 1992, the City Council approved the recordation Parcel Map 3991.
• On October 21, 2021, Council approved the recordation of Parcel Map 5437.
Other: N/A
Recommended Motion (and Alternative Motions if expected):
recommendation
I move to adopt Resolution 2022-14 ordering the summary vacation and abandonment of the portion of Camp Drive right-of-way as described in the attached legal description and map.
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Environmental Assessment Status: N/A
CEQA Review:
No review required for this action. The vacation and abandonment of the portion of right-of-way will not have a significant impact on the environment.
Attachments:
1. Resolution No. 2022-14
2. Abandonment Legal Description and Map
3. Location Map
4. Parcel Map 5437