RESOLUTION NO. 2024 - ____
RESOLUTION ORDERING THE
SUMMARY VACATION AND ABANDONMENT
OF PORTIONS OF THE PUBLIC UTILITY EASEMENT AND RIGHT OF WAY DEDICATIONS OVER PARCEL 6 AND 7 OF PARCEL MAP 4645 RECORDED IN BOOK 47 OF PARCEL MAPS AT PAGE 50, TULARE COUNTY RECORDS
WHEREAS, The City of Visalia, State of California, has an easement for public utilities purposes and a dedication for right of way over Parcel 6 and 7 of parcel map 4645, recorded in Book 47 of Parcel Maps at Page 50, Tulare County Records.
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 (California Streets & Highways Code, section 8300 et seq.); and
WHEREAS, the summary vacation proceedings are to be conducted pursuant to the provisions in sections 8330 – 8336, Chapter 4 of Part 3, Division 9, entitled “Summary Vacation,” of the California Streets & Highways Code; and
WHEREAS, the summary vacation requirement for the public service easement has been met, pursuant to §8333(c) of the California Streets & Highways Code, the portions of the public service easement being vacated have been superseded by relocation and determined to be in excess by the holder of the easement, in this instance what was formerly a cul-de-sac has been modified into a through street and portions of the former cul-de-sac, including areas of the public service easement, have been determined to be unnecessary.
WHEREAS, the summery vacation requirements for the portions of the street right of way to be abandoned has been met pursuant to §8330(a) of the California Streets & Highways Code, and 8334(a), excess right of way of a street or highway not required for street or highway purposes, specifically that the street right of way has been superseded by relocation, in this instance what was formerly a cul-de-sac has been modified into a through street and portions of the former cul-de-sac have been determined to be unnecessary, it is also noted the areas vacated are under one ownership.
NOW THEREFORE, BE IT RESOLVED AS FOLLOWS:
1. The Council of the City of Visalia hereby orders the summary vacation and abandonment of portions of a public utilities easement and right of way dedication over Parcels 6 and 7 of Parcel Map 4645, recorded in Book 47 at Page 50, Tulare County Records. In this instance a planned cul-de-sac has been modified into a through street with the former areas of the cul-de-sac dedicated to public service easements and streets and highway usage no longer necessary.
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 one of the following cases described in California Streets and Highways Code section 8333, specifically subsection (c) having been superseded by relocation, or determined to be excess by the easement holder and there are no other public facilities located within the easement being vacated:
a. 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.
b. 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 continuously used since that date.
c. 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.
2. 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 California Streets and Highways Code section 8330(a), when a street or highway has been superseded by relocation:
a. “The legislative body of a local agency may summarily vacate a street or highway that has been superseded by relocation.”
b. A street or highway shall not be summarily vacated pursuant to this section if vacation would do either of the following:
1. Cut off all access to a person’s property which, prior to relocation, adjoined the street or highway.
2. Terminate a public service easement, unless the easement satisfies the requirements of Section 8333.
3. A public hearing is not required, and the use of a summary proceeding is allowed for the vacation of a street or highway by having met at least one of the following cases described in California Streets and Highways Code section 8334, which allows for summary vacation when a street or highway has been determined to be in excess and not required for street or highway purposes, in this instance both portions of this section apply as the street or highway of the former cul-de-sac is excess and not required, in addition the portion being vacated lies within one ownership and does not continue through ownership or touch the property of another.
8334. The legislative body of a local agency may summarily vacate any of the following:
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.
4. From and after the date this resolution is recorded, portions of public service easement and right of way dedication are vacated and abandoned, and no longer constitute an easement or dedication. A map and legal descriptions of the portions of the street and public service easement being vacated are attached hereto as Exhibits 1 and 2, and made a part hereof by reference.
PASSED AND ADOPTED: June __, 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-__ passed and adopted by the Council of the City of Visalia at a regular meeting held on June 17, 2024.
Dated: Leslie B. Caviglia, CITY CLERK
By Michelle E. Nicholson, Chief Deputy City Clerk