RESOLUTION NO. 2024-03
RESOLUTION ODERING THE
SUMMARY VACATION AND ABANDONMENT
OF THE ALLEYWAY BETWEEN LOTS 12, 13, AND 14 OF BEVERLY GLEN SUBDIVISION AND RESERVING AND EXCEPTING FROM THE VACATION A PUBLIC SERVICE EASEMENT WHEREAS, The City of Visalia, State of California, owns the alleyway between Lots 12, 13, and 14 of Beverly Glen subdivision, recorded in Volume 20 of Maps, at Page 46, Tulare County Records, that has been determined to be excess right-of-way of a street or highway not required for street or highway purposes; and WHEREAS, The City of Visalia, State of California, owns the alleyway between Lots 12, 13, and 14 of Beverly Glen subdivision, recorded in Volume 20 of Maps, at Page 46, Tulare County Records, and there are in-place public utility facilities that are in use in; 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 has been met, pursuant to §8334(a) of the California Streets & Highways Code; and WHEREAS, the reservation of easement proceedings are to be conducted pursuant to the provisions in § 8340 – 8349, Chapter 5 of Part 3, Division 9, entitled “Reservation and Preservation of Easements,” of the State of California Streets & Highways Code; and WHEREAS, there are in-place public utility facilities that are in use in the alleyway between Lots 12, 13, and 14 of Beverly Glen subdivision, the public convenience and necessity require the City to reserve and except from the vacation any easement and right necessary to maintain, operate, replace, remove, or renew the public utility facilities, pursuant to §8340(c) and §8341(a) 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 alleyway between Lots 12, 13, and 14 of Beverly Glen subdivision.
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 described in California Streets and Highways Code Section 8334:
An excess right-of-way of a street or highway not required for street for highway purposes.
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 alleyway is vacated and abandoned, and no longer constitutes a street or highway.
NOW THEREFORE, BE IT RESOLVED AS FOLLOWS:
The Council of the City of Visalia hereby orders the reservation and excepts from the vacation, a public service easement.
In proceeding to vacate a street or highway, a public entity may reserve an easement having met at least one of the following cases described in California Streets and Highways Code Section 8340:
A public entity may reserve and except from the vacation the easement and right at any time, or from time to time, to construct, maintain, operate, replace, remove, and renew sanitary sewers and storm drains and appurtenant structures in, upon, over, and across a street or highway proposed to be vacated and, pursuant to any existing franchise or renewals thereof, or otherwise, to construct, maintain, operate, replace, remove, renew, and enlarge lines of pipe, conduits, cables, wires, poles, and other convenient structures, equipment, and fixtures for the operation of gas pipelines, telegraphic and telephone lines, railroad lines, and for the transportation or distribution of electric energy, petroleum and its products, ammonia, and water, and for incidental purposes, including access to protect these works from all hazards in, upon, and over the street or highway proposed to be vacated.
A local agency may reserve and except from vacation an easement for a future street or highway unless the local agency finds that the street or highway is unnecessary for prospective public use.
If there are in-place public utility facilities that are in use, a public entity shall, unless the legislative body determines the public convenience and necessity otherwise require, reserve, and except from the vacation any easement and right necessary to maintain, operate, replace, remove, or renew the public utility facilities.
A public entity may reserve and except from the vacation or may grant to another state or local public agency, an easement and right, at any time or from time to time, to construct, maintain, operate, replace, remove, and renew vehicular or nonvehicular trails for use by the public in, upon, over, and across a street or highway proposed to be vacated.
From and after the date this resolution is recorded, a public service easement over the current alleyway is reserved and excepted from the summary vacation.
PASSED AND ADOPTED: Month __, 2024 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 2024-03 passed and adopted by the Council of the City of Visalia at a regular meeting held on February 20, 2024.
Dated: Leslie B. Caviglia, CITY CLERK
By Michelle E. Nicholson, Chief Deputy City Clerk