Agenda Item Wording:
title
Adopt Resolution 2021-64 ordering the Summary Vacation and Abandonment of the Temporary Storm Drainage Easement as shown on and dedicated per Parcel Map No. 4516, recorded Book 46 of Parcel Maps at Page 21, Tulare County Records.
body
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 2021-64 ordering the Summary Vacation and Abandonment of the Temporary Storm Drainage Easement as shown on and dedicated per Parcel Map No. 4516, recorded April 3, 2002, in Book 46 of Parcel Maps at Page 21, Tulare County Records.
Summary:
Parcel Map No. 4516, located at the southwest corner of Plaza Drive and Ferguson Avenue, dedicated a temporary easement to the City of Visalia for Storm Drainage purposes, allowing the onsite temporary basin to capture and hold runoff from Plaza Drive. The site, referred to as Mid-State 99, is now under development with a single industrial use and will provide for permanent storm drain retention through a combination of infrastructure improvements and onsite retention basins. The temporary storm drain easement may be abandoned, allowing for full development of the Mid-State 99 site. The temporary storm drainage easement is more precisely depicted in Exhibit “B” attached herein and can be vacated to the property owner.
Background Discussion:
Parcel Map No. 4516 recorded in April 2002, dedicated a Temporary Easement for Storm Drainage purposes over the Remainder parcel of the parcel map located along the west side of North Plaza Drive (see attached Final Parcel Map No. 4516). This storm drainage easement was intended to be temporary for City runoff from Plaza Drive until the full development of the parcels to the west of Plaza Drive were developed thereby providing permanent storm drain infrastructure that would be installed to accommodate storm run-off.
Building plans for the development of the Mid-State 99 site have been submitted and are now being processed for full development of the industrial site, which include onsite improvements over the Remainder parcel and contiguous parcel to the west. The development plan for the site will include permanent storm drainage retention areas. These onsite retention basins, along with permanent storm drain infrastructure installed since Parcel Map No. 4516 was recorded in 2002, eliminate the need for the temporary storm drainage basin and necessitate the abandonment of the temporary storm drain easement. The existing temporary storm drainage easement as dedicated on Parcel Map No. 4516 may be abandoned and quitclaimed back to the property owner. See Exhibit “A” for the legal description of the storm drainage easement to be abandoned.
The vacation and abandonment portion of the temporary storm drainage 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:
(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 “a” of the referenced California Streets and Highways Code, Section §8333, the excess public drainage easement has not been used for the five consecutive years preceding this proposed vacation. In addition, under paragraph (c) the easement has been determined to be in excess by the City, and there are no public facilities within the area to be vacated.
Fiscal Impact:
N/A
Prior Council Action:
On March 18, 2002, the City Council approved the recordation of Parcel Map 4516.
Other:
On January 8, 2002, the Planning Commission approved the Tentative Parcel Map 2001-04.
Alternatives: N/A
Recommended Motion (and Alternative Motions if expected):
recommendation
I move to adopt Resolution 2021-___ ordering the Summary Vacation and Abandonment of the Temporary Easement for Storm Drainage Purposes over the Remainder Parcel of Parcel Map No. 4516, recorded in Book 46 of Parcel Maps at Page 21, Tulare County Records.
end
Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments:
1. Resolution 2021-64, Summary Vacation and Abandonment of the Temporary Storm Drainage Easement
2. Exhibit "A" - Storm Drainage Easement Legal Description
3. Exhibit "B" - Temporary Storm Drian Easement Aerial
4. Final Parcel Map No. 4516