RESOLUTION NO. 2021 - ____
RESOLUTION ODERING THE
SUMMARY VACATION AND ABANDONMENT
OF A PORTION OF THE 10’ WIDE IRREVOCABLE
OFFER OF DEDICATION IN FEE 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 10’ wide irrevocable offer of dedication in fee for additional right of way along Kelsey Street 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 over Parcel 2, Parcel 4 and Parcel 7 of Parcel Map 5031, recorded in Book 51 of Parcel Maps, at Page 37, Tulare County Records, that has not been used for a period of 5 consecutive years and no public has been expended for the maintenance of that area during that time; and WHEREAS, The portions of the Irrevocable Offer of Dedication described in Exhibits “A” and “B” are in excess of what the City needs for street right of way purposes; and WHEREAS, The street being dedicated has been constructed but at this point has not been accepted for public use by the City, have not been utilized by the City, do not contain any public improvements; and WHEREAS, The City Council of the City of Visalia may terminate abandon an irrevocable offer of dedication of real property for any public purpose, including but not limited to, streets pursuant to the Dedication of Real Property for Public Purposes (State of California Government Code 7050); 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 summary vacation requirement for a street has been met, pursuant to §8331 and §8334 of the California Streets & Highways Code.
NOW THEREFORE, BE IT RESOLVED AS FOLLOWS:
The Council of the City of Visalia hereby orders, 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; the summary vacation and abandonment of the portion of the 10’ Irrevocable Offer of Dedication as shown on said Parcel 2, Parcel 4 and Parcel 7 of Parcel Map No. 5031 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 the portion of the irrevocable offer of dedication by having met both cases of section 8331:
For a period of five consecutive years, the street or highway has been impassable for vehicular travel.
No public money was expended for maintenance on the street or highway during such period.
A public hearing is not required and the use of a summary proceeding is allowed for the vacation of a portion of the irrevocable offer of dedication by having met at least one of the following cases of section 8334:
(a) An excess right-of-way of a street or highway not required for street or highway purposes. (b) A portion of a street or highway that lies within property under one ownership and that does not continue through such ownership or end touching property of another.
From and after the date this resolution is recorded, the portion of the irrevocable offer of dedication for Kelsey Street is vacated and abandoned, and no longer constitutes a street.
PASSED AND ADOPTED: July __, 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 July ___, 2021.
Dated: Randy Groom, CITY CLERK
By Michelle E. Nicholson, Chief Deputy City Clerk