Agenda Item Wording:
title
Authorize Resolution No. 2023-11, ordering the summary vacation and abandonment of the easement for storm drain pipeline maintenance purposes over Parcel 6 of Parcel Map No.4813, (APN: 081-100-070).
body
Deadline for Action: N/A
Submitting Department: Community Development
Contact Name and Phone Number:
Lupe Garcia, Civil Engineer, lupe.garcia@visalia.city <mailto:lupe.garcia@visalia.city>,(559) 713-4197,
Jason Huckleberry, Assistant Community Development Director, jason.huckleberry@visalia.city <mailto:jason.huckleberry@visalia.city>,(559) 713-4495
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 No. 2023-11 ordering the summary vacation and abandonment of the easement for storm drain pipeline maintenance purposes over Parcel 6 of Parcel Map No. 4813, without the need of a public hearing.
Background Discussion:
In January 2007, the easement for storm drain pipeline maintenance purposes over Parcel 6 was dedicated under Parcel Map 4813. Currently a private development is rerouting the existing storm drain line over parcel 6 as part of their development permit (i.e., B216033). A new easement for the relocated storm drain line has been granted under recorded document number 2023-0016107, Tulare County Records. The existing easement for storm drain pipeline maintenance purposes, more clearly shown in Exhibit “A”, will be abandoned back to the property owner as it is no longer necessary.
The vacation and abandonment of this easement for storm drain pipeline maintenance purposes meets the provision 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 public service easement in any of the following cases 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 “c” of the referenced California Streets and Highways Code; the easement for storm drain pipeline maintenance purposes has been superseded by relocation and is no longer necessary.
Fiscal Impact:
N/A
Prior Council Action:
On January 8, 2007, the City Council approved the recordation of Parcel Map 4813.
Other: N/A
Alternatives: N/A
Recommended Motion (and Alternative Motions if expected):
recommendation
I move to authorize the adoption of Resolution No. 2023-11, ordering the summary vacation and abandonment of the easement for storm drain pipeline maintenance purposes over Parcel 6 of Parcel Map No. 4813, (APN: 081-100-070). end
Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments:
1. Resolution No. 2023-11 for Storm Drain Easement Abandonment
2. Exhibit A - Parcel Map 4813
3. Location Map