RESOLUTION NO. 2022 -17
RESOLUTION ORDERING THE
SUMMARY VACATION AND ABANDONMENT
OF THE EASEMENT FOR STORM DRAIN PURPOSES AND THE EASEMENTS FOR TEMPORARY TURNAROUND PURPOSES AS DEDICATED UNDER THE FINAL MAP OF THE LITTLE RANCH SUBDIVISION WHEREAS, The City of Visalia, State of California, has an easement for storm drain purposes over the Remainder parcel of The Little Ranch subdivision, recorded in Volume 40 of Maps, at Page 44, Tulare County Records, that has been relocated and no other public facilities are in the easement; and WHEREAS, The City of Visalia, State of California, has easements for temporary turnaround purposes over lot 5, lot 10 and the Remainder parcel of The Little Ranch subdivision, recorded in Volume 40 of Maps, at Page 44, Tulare County Records, that have been superseded by street extensions; and WHEREAS, The City Council of the City of Visalia may vacate all or part of a street, highway, or public service easement pursuant to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 public service easement has been met, pursuant to §8333(c) of the California Streets & Highways Code.
NOW THEREFORE, BE IT RESOLVED AS FOLLOWS:
The Council of the City of Visalia hereby orders the summary vacation and abandonment of the easements to the City of Visalia for storm drain and temporary turnaround purposes as shown on the final map The Little Ranch.
A public hearing is not required, and the use of a summary proceeding is allowed for the vacation of these public service easements by having met at least one of the following cases:
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 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.
The easement has been superseded by relocation and there are no other public facilities located within the easement.
From and after the date this resolution is recorded, the storm drain and temporary turnaround easements are vacated and abandoned, and no longer constitutes easements.
City Manager is authorized to execute any deeds, if required, to effectuate this street vacation and abandonment PASSED AND ADOPTED: April __, 2022 Leslie B. Caviglia, CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF TULARE ) ss.
CITY OF VISALIA )
I, Leslie B. Caviglia, City Clerk of the City of Visalia, certify the foregoing is the full and true Resolution 2022-17 passed and adopted by the Council of the City of Visalia at a regular meeting held on April 4, 2022.
Dated: April 5, 2022 Leslie B. Caviglia, CITY CLERK
By Michelle E. Nicholson, Chief Deputy City Clerk