RESOLUTION NO. 2022- ____
RESOLUTION ODERING THE
SUMMARY VACATION AND ABANDONMENT
OF THE SANITARY SEWER EASEMENT, STORM SEWER EASEMENT,
AND PUBLIC UTILITY EASEMENT OVER THE ALLEY OF BLOCK 14 AS SHOWN ON THE PLAT OF VISALIA, VOLUME 3 OF MAPS AT PAGE 48,
TULARE COUNTY RECORDS
WHEREAS, The City of Visalia, State of California, has an easement for sanitary sewer, storm sewer, and public utilities per Resolution No. 182, recorded July 6, 1962, in Volume 2351, Page 419 of Official Records Tulare County; 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 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 easement for sanitary sewer, storm sewer, and public utilities over the alley of Block 14 of The Plat of Visalia recorded in Volume 3 of Maps, at Page 48, Tulare County Records as reserved in Resolution No. 182, recorded July 6, 1962, in Volume 2351, Page 419 of Official Records Tulare County.
A public hearing is not required and the use of a summary proceeding is allowed for the vacation of this public service easement 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The easement has been superseded by relocation and there are no other public facilities located within the easement.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 sanitary sewer, and public utilities easement is vacated and abandoned, and no longer constitutes an easement.
City Manager is authorized to execute any deeds, if required, to effectuate this street vacation and abandonment.
PASSED AND ADOPTED: January 18, 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-__ passed and adopted by the Council of the City of Visalia at a regular meeting held on January 18, 2022.
Dated: Leslie B. Caviglia, CITY CLERK
By Michelle E. Nicholson, Chief Deputy City Clerk