RESOLUTION NO. 2021 - ____
RESOLUTION ORDERING THE
SUMMARY VACATION AND ABANDONMENT
OF A PORTION OF THE PUBLIC DRAINAGE EASMENT OVER PARCEL 1 AND PARCEL 2 OF LOT LINE ADJUSTMENT 2019-16, RECORDED DECEMBER 12, 2019 AS DOCUMENT NO. 2019-0072932 OFFICIAL RECORS OF TULARE COUNTY AS ORIGINALLY OFFERED UNDER PARCEL MAP NO. 5031, RECORDED IN BOOK 51 OF PARCEL MAPS AT PAGE 37, TULARE COUNTY RECORDS.
WHEREAS, The City of Visalia, State of California, has a public drainage easement for drainage purposes along Kelsey Street and Riggin Avenue over Parcel 1 and Parcel 2 of Lot Line Adjustment 2019-16, recorded December 12, 2019 as Document No. 2019-0072932, Official Records of Tulare County as originally offered under Parcel Map No.5031, recorded in Book 51 of Parcel Maps at Page 37, Tulare County Records, that has portions in excess of what the City needs for drainage collection purposes; and WHEREAS, The City Council of the City of Visalia may vacate all or part of a street, highway, or public service easement pursuant to the Public Streets, Highways, and Service Easements Vacation Law (State of California Streets & Highways Code, § 8300 et seq.); and WHEREAS, the summary vacation proceedings are to be conducted pursuant to the provisions in § 8330 – 8336, Chapter 4 of Part 3, Division 9, entitled “Summary Vacation,” of the State of California Streets & Highways Code; and WHEREAS, the City has reviewed the area dedicated and determined that the areas described herein over Parcel 1 and Parcel 2 of Lot Line Adjustment 2019-06 were not needed by the City and were not used in the construction of the necessary public facilities; and WHEREAS, the summary vacation requirement for a public service easement has been met, pursuant to §8333(a) of the California Streets & Highways Code, that the public drainage easement has not been used for the purpose for which it was dedicated for a period of more than five consecutive years preceding this vacation; and WHEREAS, the summary vacation requirement for a public service easement has been met, pursuant to §8333(c) of the California Streets & Highways Code, that the easement has been determined to be in excess by the easement holder, the City of Visalia, and there are no other public facilities located within the easement.
NOW THEREFORE, BE IT RESOLVED AS FOLLOWS:
The Council of the City of Visalia hereby orders the summary vacation and abandonment of a portion of the Public Drainage Easement over Parcel 1 and Parcel 2 of Lot Line Adjustment 2019-16, recorded December 12, 2019 as Document No 2019-0072932 Official Records of Tulare County as originally offered under Parcel Map No.5031, recorded in Book 51 of Parcel Maps at Page 37, Tulare County Records more particularly described in Exhibit “A” and Exhibit “B” attached herein.
A public hearing is not required and the use of a summary proceeding is allowed for the vacation of a public service easement by having met at least the following cases described in California Streets and Highways Code section 8333:
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.
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.
From and after the date this resolution is recorded, the portion of the public drainage easement referenced herein no longer constitutes an easement.
PASSED AND ADOPTED: February __, 2021 Randy Groom, CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF TULARE ) ss.
CITY OF VISALIA )
I, Randy Groom, City Clerk of the City of Visalia, certify the foregoing is the full and true Resolution 2021-__ passed and adopted by the Council of the City of Visalia at a regular meeting held on February ___, 2021.
Dated: Randy Groom, CITY CLERK
By Michelle E. Nicholson, Chief Deputy City Clerk