Attachment 5
RESOLUTION NO. 2026-_
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF MERCED, CALIFORNIA,
ORDERING THE VACATION OF THE 20-FOOT-
WIDE PUBLIC UTILITY EASEMENT
(APPROXIMATELY 1,145 SQUARE FEET)
ALONG A PORTION OF VACATED K STREET
SOUTH OF 7TH STREET IN THE CITY OF
MERCED (VACATION #25-0001)
WHEREAS, on April 8, 2026, the Planning Commission of the City of Merced (City) adopted a motion recommending the City Council set the time and place for public hearing and grant Abandonment #25-0001, which has been renamed Vacation #25-0001, the vacation of the 20-foot-wide public utility easement generally located on a portion of vacated K Street south of 7h Street in the City of Merced, (approximately 1,145 square feet), located on the south side of West 7% Street approximately 430 feet west of Martin Luther King Jr. Way (Easement); and
WHEREAS, on September 8, 2026, the City Council adopted Resolution No. 2026-57 declaring its intention to consider Vacation #25-0001 for Easement, more particularly described in Exhibit A and shown at Exhibit B, attached hereto and incorporated herein by this reference, and set a public hearing thereon; and WHEREAS, Resolution No. 2026-57 fixed October 5, 2026, at the hour of 6:00 p.m., in the Council Chambers, 678 West 18th Street, Merced, California, as the time and place for the duly noticed hearing on this matter as prescribed by California Streets and Highways Code Section 8320. This hearing may be postponed or continued; and
WHEREAS, Resolution No. 2026-57 was published in the manner prescribed by California Streets and Highways Code Section 8320, including the conspicuous posting of notices consisting of copies of Resolution No. 2026-57 along the lines of the property proposed to be vacated and the requisite publishing in the City's official newspaper; and
WHEREAS, the City Engineer advises the Easement is unnecessary for present or prospective public use and has filed maps or plans with the City Clerk showing the area to be vacated at Exhibit B.
X: \Resolutions|2026\Planning|Resolution Ordering Vacation of a portion of K. Street-Revised dates.docx 1 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
MERCED DOES HEREBY RESOLVE, DETERMINE, FIND, AND ORDER
AS FOLLOWS:
SECTION 1. That the City Council finds from all of the evidence submitted that the approximately 1,145 square foot easement, a portion of vacated K Street south of 7" Street in the City of Merced, generally located on the south side of West 7" Street approximately 430 feet west of Martin Luther King Jr. Way, as described in Exhibit A and shown at Exhibit B for Vacation #25-0001, is unnecessary for preset or prospective public use.
SECTION 2. That Vacation #25-0001 is approved. It is hereby ordered that the irrevocable offer of dedication for public use and any and all interests held by the City concerning the above-described property be and the same is hereby vacated, pursuant to the provisions of Part 3, Division 9, of the Streets and Highways Code of the State of California, being the Public Streets, Highways, and Services Easements Vacation Law, section 8300 et seq.
SECTION 3. That the City Clerk is directed to cause a certified copy of this resolution, attested under seal of the City of Merced, to be recorded in the Office of the County Recorder of Merced County.
PASSED AND ADOPTED by the City Council of the City of Merced at a regular meeting held on the _ _day of by the following vote:
AYES: Council Members:
NOES: Council Members:
ABSENT: Council Members:
ABSTAIN: Council Members:
11/
11/
X: Resolutions \2026\Planning|Resolution Ordering Vacation of a portion of K Street-Revised dates.docx 2 APPROVED:
MATTHEW SERRATTO, MAYOR
Mayor
ATTEST:
D. SCOTT MCBRIDE, CITY CLERK
BY:
Assistant/Deputy City Clerk
(SEAL)
APPROVED AS TO FORM:
CRAIG J. CORNWELL, CITY ATTORNEY
Spig Commuell 917-2026
X: \Resolutions\2026\Planning\Resolution Ordering Vacation of a portion of K. Street-Revised dates.docx 3