Agenda Item Wording:
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Summary Abandonment of a portion of City Property - Request authorization to adopt Resolution No. 2025-61 ordering the summary vacation and abandonment of City owned excess property along the south side of the Mill Creek Trail between Demaree Street and Main Street.
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Prepared by:
Jason Huckleberry, Director of Eng & Building, jason.huckleberry@visalia.city , (559) 713-4495
Department Recommendation: Staff recommends that City Council authorize the adoption of Resolution No. 2025-61 ordering the summary vacation and abandonment of City owned excess property along Mill Creek trail between Demaree Street and Main Street.
Summary:
The owner of the properties along the south side of Mill Creek, between Demaree Street and Main Street, has requested the abandonment of a portion of City owned property that had previously been donated by them to the City for trail purposes.
The trail along Mill Creek, adjacent to this area, was constructed in 2006 and serves the public, however the adjacent property owners are experiencing a multitude of issues related to trespassing from the trail onto the commercial properties. This has resulted in a concern for safety as well as extensive cleaning up of trash and debris on the property. In order to prevent this from continuing, the owners desire to build a fence along the south side of the existing trail. The location of the fence is intended to be adjacent to the existing City trail, allowing for minimal opportunity for the collection of trash and debris between the fence and asphalt path in order to minimize maintenance by City staff. The proposed location of the fence is not on thee existing property line and would lie within the area previously donated by the adjacent property owners. The area between the proposed fence and existing property line is the area being proposed for abandonment at this time.
The fence location will offer no impedance to public use of the existing trail and will minimize addition cleanup of the unused area by Urban Forestry staff. Once abandoned, the area south of the proposed fence line will be owned and maintained by the adjacent property owner in perpetuity.
Background Discussion:
The owner of the properties along Mill Creek between Demaree Street and Main Street dedicated a portion of the property in 2005 in advance of the City’s construction of the trail between Demaree Street and Main Street. The trail was constructed in 2006 with an asphalt walking path and minimal landscaping improvements, relying upon the existing native riparian habitat adjacent to the creek. The area south of the asphalt trail has not been landscaped and exists as a dirt area adjacent to the trail up, extending to the private parking lot and building/structures on the adjacent parcels.
Fiscal Impact: The area being proposed for abandonment will become the responsibility of the adjacent property owner to maintain, thereby reducing the amount of landscape maintenance costs for Urban Forestry division.
Prior Council Action: None
Other: None
Alternatives: Deny the request by the adjacent owner to abandon the area back to them. This would require the City to continue to maintain the dirt area between the existing trail and the proposed fence to be installed on the existing/unaltered property line.
Recommended Motion (and Alternative Motions if expected):
recommendation
I move to authorize the adoption of Resolution 2025-61 ordering the summary vacation and abandonment of City owned excess property along Mill Creek trail between Demaree Street and Main Street.
Environmental Assessment Status: N/A
CEQA Review: N/A
Deadline for Action: 8/4/2025
Attachments:
1. Resolution No. 2025-61
2. Aerial Map
3. Legal Description and Exhibit