Agenda Item Wording:
title
Adopt Resolution 2021-47, a resolution to summarily vacate and to authorize the transfer of excess right of way along Pinkham Street near East Seeger Avenue.
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Deadline for Action: 9/7/2021
Submitting Department: Community Development
Contact Name and Phone Number: Jim Koontz, Assistant City Attorney, 372-2400
Department Recommendation: Adopt Resolution 2021-47, a resolution to summarily vacant and to authorize the transfer of excess right of way along Pinkham Street near East Seeger Avenue.
Background Discussion:
This action is being taken to correct what appears to have been a mistake made in a legal description of property provided to the City of Visalia in 1988 for road right of way. The 1988 deed grants the City thirty feet west from the section line, which is the eastern boundary of the residential property, for the construction of the western half of Pinkham Street. However, the center line of Pinkham is not the section line, the center line is located to the east of the section line. This apparent mistake has resulted in the City having an interest in a portion of the adjacent residential property’s front yard. Pinkham has been completed in front of this residence for many years and the City has no need for the excess area. City staff previously discovered and corrected a similar issue on property to the south of this location in 2019.
The attached resolution vacates the City’s interest in the area that the City does not need and has never used. It also authorizes the City Manager to return the portion of the property that was unnecessarily provided to the City.
The property is located at 2211 S. Pinkham Street. The legal description of the parcel is based on the section line and the parcel does not extend east of the section line. As shown in the attached aerial photograph overlaid with the property boundaries, the section line is in Pinkham Street but it is not the center of the street. The 1988 deed provided the City with thirty feet from the section line. The City only needed thirty feet from the center line of Pinkham for the build out of facilities, it appears that when the City was deeded this area the section line was mistakenly treated as the middle of the street. The excess area was not necessary for street construction or other public utilities. It has never been used by the City or any other public utilities and has remained under the use and control of the adjacent owner. The proposed action is to clarify the property records. It should be noted that this is not a sale of City property, it is an abandonment and transfer of an area that was has been shown to be unnecessary to the City for street usage.
When the subject property was deeded to the City the area was primarily rural and on the edge of City boundaries. Now the surrounding area has developed with subdivisions to the north and south. Annie R. Mitchell Elementary School was built to the east. A subdivision immediately behind this property was planned in the early 2000’s and is now being built. This subdivision also made an error in locating the centerline of Pinkham which has led to separate conflicts between the developer and the two existing residential property owners in front of the subdivision. These disputes deal with the proper location of the western property boundary of the older residential lots.
The right of way abandonment would not include the existing street, sidewalk, curb, or gutter. It would only abandon the area outside what is needed by the City for Pinkham Street.
Fiscal Impact:
None likely no need for the excess street area has been shown and it has never been utilized by the City.
Prior Council Action: 11/18/2019 - Adopted Resolution 2019-059, a resolution summarily vacating and authorizing the transfer of similar situation property south of East Seeger Avenue.
Other:
Alternatives: No action would retain the property. This is not recommended since the City has no need for this area and has never utilized it.
Recommended Motion (and Alternative Motions if expected):
recommendation
I move to adopt Resolution 2021-47 vacating and abandoning the City's interest in the specified area and authorize the City Manager to transfer the property that is not needed and has never been used for municipal purposes back to the adjacent property owner. end
Environmental Assessment Status: Not applicable to the proposed action
CEQA Review: Not applicable to this action.
Attachments: Resolution, Legal Description of Property to be Vacated, and Aerial Photograph of the Property.