Agenda Item Wording:
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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...
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