Fiscal Impact:
No impact to the City. Future development of the property will require the developer to pay development impact fees.
Alternatives:
The City Council may, in lieu of the recommended motion specified above, consider any of the following alternatives:
1. Deny the Annexation; or
2. Refer the matter back to the Planning Commission; or
3. Continue the matter to a future City Council hearing for additional information.
Recommended Motion (and Alternative Motions if expected):
..recommendation
I move to approve Resolution No. 2025-31, adopting Initial Study / Mitigated Negative Declaration No. 2024-63; and
I move to approve Resolution No. 2025-32, to initiate proceedings for Annexation No. 2024-05, to authorize the detachment of property from County Service Area No. 1, and authorize the City Manager to enter into a Pre-Annexation Agreement between the City of Visalia and the property owners.
..end
Environmental Assessment Status: An Initial Study and Mitigated Negative Declaration were prepared for the proposed project (see Attachment #6).
CEQA Review: Initial Study and Mitigated Negative Declaration No. 2024-63 (see Attachment #6) disclosed that environmental impacts are determined to be less than significant with the incorporation of mitigation to address significant impacts to the following resources: Four (4) mitigation measures pertaining to Biological Resources to reduce impacts of the Project to the United States Fish and Wildlife Services Bird of Conservation Concern (i.e. Nuttall’s Woodpecker). Additionally, the City received one comment letter in response to the Initial Study.
Attachments:
1. Resolution No. 2025-31 certifying Initial Study and Mitigated Negative Declaration No. 2024-63
1190
2. Resolution No. 2025-32 initiating the Proceedings for Annexation No. 2024-05 and Detachment from County Service Area No. 1
3. Annexation Exhibit & Legal Description
4. Blankenship Tentative Subdivision Map No. 5602
5. Draft Pre-Annexation Agreement
6. Initial Study / Mitigated Negative Declaration No. 2024-63
7. Environmental Study – Biological Habitat Assessment
8. Environmental Study – Cultural Resources Assessment
9. Planning Commission Resolution No. 2024-77 – Annexation No. 2024-05
10.Planning Commission Resolution No. 2024-76 – Tentative Subdivision Map No. 5602
11.Planning Commission Staff Report
12.General Plan Land Use Map
13.Zoning Map
14.Aerial Map
15.Vicinity Map
16.PowerPoint Presentation
1191
Related Plans and Policies
Related sections of state law
Government Code - GOV
TITLE 5. LOCAL AGENCIES [50001 - 57607]
( Title 5 added by Stats. 1949, Ch. 81. )
DIVISION 3. CORTESE-KNOX-HERTZBERG LOCAL GOVERNMENT
REORGANIZATION ACT OF 2000 [56000 - 57550]
( Heading of Division 3 amended by Stats. 2001, Ch. 388, Sec. 1. ) PART 2. LOCAL AGENCY FORMATION COMMISSION [56300 - 56430] ( Part 2 added by Stats. 1985, Ch. 541, Sec. 3. )
CHAPTER 3. Powers [56375 - 56386]
( Chapter 3 added by Stats. 1985, Ch. 541, Sec. 3. )
56375.
The commission shall have all of the following powers and duties subject to any limitations upon its jurisdiction set forth in this part:
(a) (1) To review and approve with or without amendment, wholly, partially, or conditionally, or disapprove proposals for changes of organization or reorganization, consistent with written policies, procedures, and guidelines adopted by the commission.
(2) The commission may initiate proposals by resolution of application for any of the following:
(A) The consolidation of a district, as defined in Section 56036. (B) The dissolution of a district.
(C) A merger.
(D) The establishment of a subsidiary district.
(E) The formation of a new district or districts.
(F) A reorganization that includes any of the changes specified in subparagraph (A), (B), (C), (D), or (E).
(G) The dissolution of an inactive district pursuant to Section 56879. (H) The dissolution of a district pursuant to Section 56375.1. (3) A commission may initiate a proposal described in paragraph (2) only if that change of organization or reorganization is consistent with a recommendation or conclusion of a study prepared pursuant to Section 56378, 56425, or 56430, and the commission makes the determinations specified in subdivision (b) of Section 56881.
1192
(4) A commission shall not disapprove an annexation to a city, initiated by resolution, of contiguous territory that the commission finds is any of the following:
(A) Surrounded or substantially surrounded by the city to which the annexation is proposed or by that city and a county boundary or the Pacific Ocean if the territory to be annexed is substantially developed or developing, is not prime agricultural land as defined in Section 56064, is designated for urban growth by the general plan of the annexing city, and is not within the sphere of influence of another city.
(B) Located within an urban service area that has been delineated and adopted by a commission, which is not prime agricultural land, as defined by Section 56064, and is designated for urban growth by the general plan of the annexing city.
(C) An annexation or reorganization of unincorporated islands meeting the requirements of Section 56375.3.
(5) As a condition to the annexation of an area that is surrounded, or substantially surrounded, by the city to which the annexation is proposed, the commission may require, where consistent with the purposes of this division, that the annexation include the entire island of surrounded, or substantially surrounded, territory.
(6) A commission shall not impose any conditions that would directly regulate land use density or intensity, property development, or subdivision requirements. (7) The decision of the commission with regard to a proposal to annex territory to a city shall be based upon the general plan and prezoning of the city. When the development purposes are not made known to the annexing city, the annexation shall be reviewed on the basis of the adopted plans and policies of the annexing city or county. A commission shall require, as a condition to annexation, that a city prezone the territory to be annexed or present evidence satisfactory to the commission that the existing development entitlements on the territory are vested or are already at build-out, and are consistent with the city’s general plan.
However, the commission shall not specify how, or in what manner, the territory shall be prezoned.
(8) (A) Except for those changes of organization or reorganization authorized under Section 56375.3, and except as provided by subparagraph (B), a commission shall not approve an annexation to a city of any territory greater than 10 acres, or smaller as determined by commission policy, where there exists a disadvantaged unincorporated community that is contiguous to the area of proposed annexation, unless an application to annex the disadvantaged unincorporated community to the subject city has been filed with the executive officer.
(Amended by Stats. 2022, Ch. 89, Sec. 1. (SB 938) Effective January 1, 2023.) 1193
TITLE 7. PLANNING AND LAND USE [65000 - 66499.58]
( Heading of Title 7 amended by Stats. 1974, Ch. 1536. ) DIVISION 1. PLANNING AND ZONING [65000 - 66342]
( Heading of Division 1 added by Stats. 1974, Ch. 1536. ) CHAPTER 4. Zoning Regulations [65800 - 65912]
( Chapter 4 repealed and added by Stats. 1965, Ch. 1880. ) ARTICLE 2. Adoption of Regulations [65850 - 65863.13]
( Article 2 added by Stats. 1965, Ch. 1880. )
65859.
(a) A city may, pursuant to this chapter, prezone unincorporated territory to determine the zoning that will apply to that territory upon annexation to the city.
The zoning shall become effective at the same time that the annexation becomes effective.
(b) Pursuant to Section 56375, those cities subject to that provision shall complete prezoning proceedings as required by law.
(c) If a city has not prezoned territory which is annexed, it may adopt an interim ordinance pursuant to Section 65858.
(Amended by Stats. 1994, Ch. 939, Sec. 13. Effective September 28, 1994. Operative January 1, 1995, by Sec. 29 of Ch. 939.)
Zoning Ordinance
Chapter 17.02 GENERAL PROVISIONS
17.02.020 Purpose.
This title is enacted to preserve and promote the public health, safety and welfare of the city, and of the public generally and to facilitate growth and expansion of the municipality in a precise and orderly manner. More specifically, the zoning ordinance is adopted in order to achieve the following objectives:
A. Foster a workable relationship among land uses;
B. Promote the stability of existing land uses that conform to the district in which they occur;
C. Ensure that public and private lands ultimately are used for purposes that are appropriate and most beneficial for the city;
D. Prevent excessive population densities;
E. Avoid a concentration of structures adjoining each other or juxtaposed too closely together in close proximity to each other;
F. Promote a safe, effective traffic circulation system; 1194
G. Require adequate off-street parking and truck loading facilities; H. Facilitate the appropriate location of community facilities and institutions; I. Coordinate land use policies and regulations of the city in order to facilitate the transition of land areas from county to municipal jurisdiction and to protect agricultural producers in areas planned for urban expansion;
J. Implement the goals, policies and map of the general plan. (Ord. 2017-01 (part), 2017: prior code § 7201)
Chapter 17.06 ZONE CLASSIFICATIONS
17.06.050 Boundary changes because of annexation or right-of-way abandonment.
A. All territory that is annexed to the city shall be classified to a zone that is consistent with the general plan as adopted by the city.
B. All territory that is unzoned or becomes unzoned through abandonment of a public street, alley or railroad right-of-way, shall be classified to the centerline the same as the property adjoining the street, alley or railroad right-of-way. (Ord. 2017-01 (part), 2017:
prior code § 7230)
Chapter 17.44 ZONING AMENDMENTS
17.44.010 Purpose.
As a general plan for Visalia is put into effect, there will be a need for changes in zoning boundaries and other regulations of this title. As the general plan is reviewed and revised periodically, other changes in the regulations of this title may be warranted.
Such amendments shall be made in accordance with the procedure prescribed in this chapter. (Ord. 2017-01 (part), 2017: prior code § 7580)
17.44.020 Initiation.
A. A change in the boundaries of any zone may be initiated by the owner of the property within the area for which a change of zone is proposed or by his authorized agent. If the area for which a change of zone is proposed is in more than one ownership, all of the property owners or their authorized agents shall join in filing the application, unless included by planning commission resolution of intention.
B. A change in boundaries of any zone, or a change in a zone regulation, off-street parking or loading facilities requirements, general provision, exception or other provision may be initiated by the city planning commission or the city council in the form of a request to the commission that it consider a proposed change; provided, that in either case the procedure prescribed in Sections 17.44.040 and 17.44.090 shall be followed. (Ord. 2017-01 (part), 2017: prior code § 7581)
17.44.030 Application procedures.
1195
A. A property owner or his authorized agent may file an application with the city planning commission for a change in zoning boundaries on a form prescribed by the commission and that said application shall include the following data:
1. Name and address of the applicant;
2. Statement that the applicant is the owner of the property for which the change in zoning boundaries is proposed, the authorized agent of the owner, or is or will be the plaintiff in an action in eminent domain to acquire the property involved;
3. Address and legal description of the property;
4. The application shall be accompanied by such sketches or drawings as may be necessary to clearly show the applicant's proposal;
5. Additional information as required by the historic preservation advisory board.
B. The application shall be accompanied by a fee set by resolution of the city council sufficient to cover the cost of processing the application. (Ord. 2017-01 (part), 2017:
prior code § 7582)
17.44.040 Public hearing—Notice.
The city planning commission shall hold at least one public hearing on each application for a change in zone boundaries and on each proposal for a change in zone boundaries or of a zone regulation, off-street parking or loading facilities requirements, general provisions, exception or other provision of this title initiated by the commission or the city council. Notice of the public hearing shall be given not less than ten days or more than thirty (30) days prior to the date of the hearing by publication in a newspaper of general circulation within the city, and by mailing notice of the time and place of the hearing to property owners within three hundred (300) feet of the boundaries of the area occupied or to be occupied by the use that is the subject of the hearing. (Ord. 2017-01 (part), 2017: prior code § 7583)
17.44.050 Investigation and report.
The city planning staff shall make an investigation of the application or the proposal and shall prepare a report thereon that shall be submitted to the city planning commission. (Ord. 2017-01 (part), 2017: prior code § 7584)
17.44.060 Hearing.
A. At the public hearing, the city planning commission shall review the application or the proposal and may receive pertinent evidence as to why or how the proposed change is necessary to achieve the objectives of the zoning ordinance prescribed in Section 17.02.020.
B. If the commission's recommendation is to change property from one zone designation to another, the commission may recommend that conditions be imposed so as not to create problems adverse to the public health, safety and general welfare of the city and its residents. (Ord. 2017-01 (part), 2017: prior code § 7585)
17.44.070 Action of city planning commission.
1196
The city planning commission shall make a specific finding as to whether the change is required to achieve the objectives of the zoning ordinance prescribed in Section 17.02.020. The commission shall transmit a report to the city council recommending that the application be granted, conditionally approved, or denied or that the proposal be adopted or rejected, together with one copy of the application, resolution of the commission or request of the Council, the sketches or drawings submitted and all other data filed therewith, the report of the city engineer and the findings of the commission. (Ord. 2017-01 (part), 2017: Ord. 2001-13 § 4 (part), 2001:
prior code § 7586)
17.44.080 [Reserved].
17.44.090 Action of city council.
A. Upon receipt of the resolution or report of the city planning commission, the city council shall review the application or the proposal and shall consider the resolution or report of the commission and the report of the city planning staff.
B. The city council shall make a specific finding as to whether the change is required to achieve the objectives of the zoning ordinance prescribed in Section 17.02.020. If the council finds that the change is required, it shall enact an ordinance amending the zoning map or an ordinance amending the regulations of this title, whichever is appropriate. The city council may impose conditions on the change of zone for the property where it finds that said conditions must be imposed so as not to create problems inimical to the public health, safety and general welfare of the city and its residents. If conditions are imposed on a change of zone, said conditions shall run with the land and shall not automatically be removed by a subsequent reclassification or change in ownership of the property. Said conditions may be removed only by the city council after recommendation by the planning commission. If the council finds that the change is not required, it shall deny the application or reject the proposal. (Ord. 2017-01 (part), 2017: prior code § 7587)
17.44.100 Change of zoning map.
A change in zone boundary shall be indicated on the zoning map. (Ord. 2017-01 (part), 2017: prior code § 7589)
17.44.110 New application.
Following the denial of an application for a change in a zone boundary, no application for the same or substantially the same change shall be filed within one year of the date of denial of the application. (Ord. 2017-01 (part), 2017: prior code § 7590)
17.44.120 Report by city planner.
On any amendment to the zoning code changing property from one zone classification to another, the city planner shall inform the planning commission and the city council of any conditions attached to previous zone changes as a result of action taken pursuant to Sections 17.44.060, 17.44.070 and 17.44.090. (Ord. 2017-01 (part), 2017: Ord. 9605 § 30 (part), 1996: prior code § 7591)
1197
PREZONE –
• ANNEXATION NO. 2024-03
SHIRK & RIGGIN INDUSTRIAL PARK
• ANNEXATION NO. 2024-05
BLANKENSHIP PROJECT
July 21, 2025
CITY
COUNCIL
HEARING
1198
PROJECT
DESCRIPTION
• City has voluntarily initiated this action for the purpose of formally prezoning these project sites through the adoption of an ordinance • July 14, 2025 Planning Commission Hearing, Planning Commission approved the recommendation to City Council by a 4-0 vote. • Conform to the zone designations for property undergoing annexation into the City limits of Visalia:
a. Annexation No. 2024-03: I and I-L zoning
b. Annexation No. 2024-05: R-1-5 and C-MU
• The Prezones do not make any new change to the zoning upon the project sites, nor make any changes to the underlying projects
1199
ANNEXATION NO. 2024-03 BACKGROUND
February 10, 2025, Planning
Commission recommended that City
Council initiate annexation request
March 17, 2025, City Council
approved recommendation to
initiate proceedings toward filing the
annexation application with LAFCO
Application was filed and a public
hearing for LAFCO is scheduled for
August 6, 2025
The zone designations in this Prezone
are synonymous with the previous
actions of Planning Commission and
City Council
1200
Annexation No. 2024-03 – A request by Seefried Industrial Properties, Inc. • Annex three parcels, 284
acres, into the City limits
⚬ 253 acres will be
zoned Industrial
⚬ 31 acres will be zoned
Light Industrial
• Facilitate the development
of an Industrial Park
ANNEXATION NO. 2024-03 UNDERLYING PROJECT:
SHIRK & RIGGIN INDUSTRIAL PARK
1201
ANNEXATION NO. 2024-05
BACKGROUND
April 28, 2025, Planning Commission
recommended that City Council initiate
annexation request
June 2, 2025, City Council approved
recommendation to initiate proceedings
toward filing the annexation application with
LAFCO
Application was filed and a public hearing
for LAFCO is scheduled for August 6, 2025
The zone designations in this Prezone are
synonymous with the previous actions of
Planning Commission and City Council
1202
Annexation No. 2024-05 - request by SJVH
• Annex two parcels, 62 acres, into the
City limits
⚬ 55 acres will be zoned R-1-5
⚬ 7 acres will be zoned C-MU
• Facilitate the development of a 203-lot
subdivision
ANNEXATION NO. 2024-05
UNDERLYING PROJECT:
BLANKENSHIP SUBDIVISION
1203
Department Recommendation
Staff recommends that the City Council approve for first reading:
• Ordinance No. 2025-04, to adopt a Prezone to Annexation No. 2024-03 • Ordinance No. 2025-05, to adopt a Prezone to Annexation No. 2024-05
RECOMMENDATION
Basis for Findings
• The proposed prezone is consistent with the Visalia General Plan and its goals, policies, and objectives, as adopted by the City.
• The proposed prezone is consistent with the approved Annexation. 1204
QUESTIONS
1205
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0305 Agenda Date: 7/21/2025 Agenda #: 5.
Agenda Item Wording:
Oak Tree Preservation Ordinance Amendment- Introduce the first reading of Ordinance 2025-06 amending Chapter 12.24 of the Visalia Municipal Code Relating to Oak Tree Preservation.
Prepared by: Zach Huff, Urban Forestry Supervisor 713-4295, [email protected]; Alvin Dias, Parks and Facilities Manager 713-4564, [email protected]; Jason Glick, Parks and Recreation Director 713-4042, [email protected]
Department Recommendation: That the City Council approve the first reading of Ordinance No. 2025-06 amending Chapter 12.24 of the Visalia Municipal Code relating to Oak Tree Preservation.
Summary:
During the June 16, 2025 Council Work Session, staff received feedback and direction on potential revisions to the Visalia Municipal Code Chapter 12.24 - Oak Tree Preservation. City staff are proposing following changes:
1. Section 12.24.030 - Oak Tree Removal Permit Required - Staff proposes to remove the requirement for private property owners to obtain a permit from the City before removing a Valley Oak Tree on their property.
2. Section 12.24.050 - Emergencies - Staff recommends editing subsection B to clarify that public utilities are not required to obtain a permit from the City to deal with Valley Oak Trees to maintain utility facilities.
3. Amendment of Section 12.24.060 Pruning Notice Required - Staff recommends replacing the term “person” with “public agency” to clarify that only public agencies are potentially subject to the Valley Oak Tree pruning requirements, not private property owners.
4. Amendment of Section 12.24.100 Public Assistance for Property Owners - Staff recommends editing subsection A, removing “who has submitted a notice of intent to prune or remove an oak tree” since private property owners will not be required to obtain a notice of intent to prune or remove an oak tree.
Background Discussion:
As discussed in the staff report presented during the June 16, 2025 City Council meeting, the City of Visalia implemented the Oak Tree Preservation ordinance for the purpose of preserving Valley Oak Trees within municipal limits. However, as also noted in that report, since the last major drought, the City of Visalia has dealt with a significant increase in the number of requests for oak tree removals from residents as many trees did not fare well in the last drought. For the past several years the City has responded with modifications to the Oak Tree Preservation Ordinance, as detailed below in the Visalia City Council Page 1 of 3 Printed on 7/17/2025
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File #: 25-0305 Agenda Date: 7/21/2025 Agenda #: 5.
list of prior City Council actions. Issues with oak tree failures have continued and recently, there have been requests from homeowners to remove oak trees due to insurance company requirements for clearance around buildings.
Recognizing that the preservation of Valley Oak Trees is a valid municipal purpose and such trees provide public benefits such as enhancing natural scenic beauty, assist with urban tree cover, and promote the regulation of temperature through the provision of shade. It is recommended that the Oak Tree Preservation remain in part to encourage the preservation of these trees.
However, private residential lot sizes have been steadily decreasing, which makes long term preservation of Valley Oak trees, that existed in rural areas with large root systems, difficult in dense urban areas as Visalia expands. It is difficult for Valley Oak Trees to thrive in an urban setting, as demonstrated by the number of oak tree failures after the last drought, and that when these trees fail, they can cause significant damage. In addition, insurance requirements are becoming increasingly demanding on private properties and can create a financial hardship for property owners that risk cancellation of their insurance policies if they do not remove trees that insurance companies deem hazardous. Due to these issues the proposed ordinance, based on the discussions with City Council on June 16, 2025, removes private property owners from the Oak Tree Preservation Ordinance. The ordinance would still apply to publicly owned property. City staff will continue to apply the Oak Tree Preservation requirements, when applicable, to public agencies and the matter is subject to review by the City Council at a later date to confirm whether the Oak Tree Preservation Ordinance should be further modified. In addition, the mitigation fund for oak trees currently has $231,954. This fund will remain subject to City Council review and staff will continue to review potential measures for these funds, such as planting of oak trees on larger properties suitable to long term tree health.
Fiscal Impact: The mitigation fund currently has $231,954. Changes to the mitigation policy could affect revenues and expenditures.
Prior Council Action: 2019 - Council approved an increase to the removal application fee and modification of 12.24.100 (3)(B) to recognize that the City no longer provides tree trimming with its own employees and amend the verbiage to allow property owners to utilize the services of a Cityapproved arborist or the City’s contracted arborist. 2021 - Council approved the amendments to Chapter 12.24 to increase diameter of Valley Oak trees that would be protected, revised the process for removal of Valley Oak trees, and the findings that would waive mitigation fees. City staff also added a provision for low-income assistance with the removal of Valley Oak trees.
2024 - Council approved modifications to clarify that public utilities subject to CPUC jurisdiction are not required to obtain a permit to prune or remove a Valley Oak tree. At this time Council also directed staff to review procedures to alleviate the burden on homeowners with large Valley Oak trees on their property.
June 16, 2025 - City staff proposed options for modifying the Oak Tree Preservation and received Visalia City Council Page 2 of 3 Printed on 7/17/2025
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File #: 25-0305 Agenda Date: 7/21/2025 Agenda #: 5.
direction from City Council to return with an ordinance that would exempt private properties from needing a permit to remove or prune a Valley Oak tree.
Other: N/A
Alternatives: Reject the proposed recommendations and direct staff to return at a later date after receiving Council’s updated recommendations.
Recommended Motion (and Alternative Motions if expected):
I move to approve the first reading of Ordinance 2025-06 Amending Chapter 12.24 of the Visalia Municipal Code Relating to Oak Tree Preservation.
Environmental Assessment Status: N/A
CEQA Review: N/A
Deadline for Action: 7/21/2025
Attachments: Current Oak Tree Ordinance, Oak Tree Ordinance No. 2025-06 Amendment.
Visalia City Council Page 3 of 3 Printed on 7/17/2025
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1220
Ordinance No. 2025-06
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF VISALIA AMENDING CHAPTER 12.24 OF
THE VISALIA MUNICIPAL CODE RELATING TO
OAK TREE PRESERVATION
BE IN ORDAINED BY THE CITY COUNCIL OF THE CITY OF VISALIA:
SECTION 1. Consistent with its control over municipal affairs as a charter city and the powers vested in the City of Visalia through the California Constitution, the City of Visalia is authorized to secure and promote the public health, comfort, safety, and welfare of its citizenry. The City of Council of the City of Visalia hereby makes the followings findings:
A. In 1971, the Visalia City Council adopted the first Oak Tree Preservation ordinance in an effort to preserve diminishing oaks from urbanization.
B. The goals of the ordinance remain significant however, the City Council recognizes that residential lot sizes have decreased, and insurance oversight of private properties have increased making it difficult for private properties to comply with preservation requirements in many instances.
C. Incidents of private property owners having difficulty in complying with the Oak Tree Preservation ordinance have increased.
D. The Visalia City Council has determined that it is in the interests of the citizens of Visalia to modify the Oak Tree Preservation to exempt private property.
E. The Oak Tree Preservation ordinance will remain subject to review and potential further modification.
SECTION 2. Based on the findings as stated above the following revisions to Title 12 of the Visalia Municipal Code are hereby necessary for the public health, safety, and welfare of the City. Below are revisions to the following subsections
12.24.030(A), 12.24.050(B), 12.24.060(A), and 12.24.100(A) of Chapter 12.24 with additional language listed in italics and deleted language listed in strikeout, all sections of Chapter 12.24 that are not modified shall remain unchanged:
Section 12.24.030Oak Tree Removal Permit Required.
A. Any person desiring to destroy or remove an oak tree with a trunk diameter of eighteen (18) inches or greater at a point 4.5 feet above the root crown (Also referred to as "18 inches Diameter Breast Height (D.B.H.)") on private or public property must first apply for and obtain a removal permit. Such application shall be in writing to the city clerk, who shall forward such application to the city manager of the city or their designee. The application shall contain the number, size and location of the oak trees and a brief statement of the reason of the requested action. Submission of an application shall not require a fee. 1221
Section 12.24.050 Emergencies.
B. No permit is required for Public utilities subject to the jurisdiction of the Public Utilities Commission of the state of California may also take such action as may be necessary to maintain a safe operation for their facilities. (Ord. 2007-02 § 2 (part), 2007; Ord. 9907 § 2 (part), 1999)
Section 12.24.060 Pruning notice required
A. Except in cases of emergencies as described in Section 12.24.050, no person public agency shall prune or cause to be pruned any oak tree limb of a diameter of two ten inches or greater within the city without first submitting a completed oak tree intent to prune notice with the city manager, as provided herein.
Section 12.24.100 Public assistance for property owners.
A. If the city manager determines that a property owner, who has submitted a notice of intent to prune an oak tree, cannot properly prune his or her oak tree without the assistance of a professional tree trimmer, and that said property owner cannot afford to hire a professional tree trimmer because he or she does not have the financial resources to pay for such services, the city manager may provide financial assistance to said property owner for the purpose of pruning or removal of the tree or trees, if all the following conditions are met and funds are available:
1.The property owner uses the property where the tree(s) is located as his or her principal place of residence;
2.The aggregate gross income of all persons eighteen (18) years of age or older residing on the property does not exceed the minimum amount as may be set from time to time, by resolution of the city council, pursuant to this subdivision; and
3.The city manager determines that it is necessary to prune the tree to remove hazardous conditions, remove disease, rot, pests, other harmful conditions, or promote healthy growth of the tree(s).
SECTION 3. The City Council intends this Ordinance to supplement, not to duplicate or contradict any applicable state law and this Ordinance shall be construed in light of that intent.
SECTION 4. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstances, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivision, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any other person or circumstance. The City Council of the City of Visalia hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, 1222
irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.
SECTION 5. This Ordinance shall take effect thirty (30) days after its adoption.
SECTION 6. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted as required by law.
SECTION 7. This Ordinance is exempt from the requirements of the California Environmental Quality Act ("CEQA") pursuant to State CEQA Guidelines because there is no possibility that this Ordinance or its implementation would have a significant negative effect on the environment. (14 Cal. Code Regs.
Section 15061(b)(3).)
PASSED AND ADOPTED: BRETT TAYLOR, MAYOR
____________________________
ATTEST:
LESLIE CAVIGLIA, CITY CLERK APPROVED BY CITY ATTORNEY
____________________________ ____________________________
STATE OF CALIFORNIA )
COUNTY OF TULARE ) ss.
CITY OF VISALIA )
I, Leslie Caviglia, City Clerk of the City of Visalia, certify the foregoing is the full and true Ordinance 2025-06 passed and adopted by the Council of the City of Visalia at a regular meeting held on _____________, and certify a summary of this ordinance has been published in the Visalia Times Delta.
Dated: LESLIE CAVIGLIA, CITY CLERK
By Reyna Rivera, Chief Deputy City Clerk
1223
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0281 Agenda Date: 7/21/2025 Agenda #: 6.
Agenda Item Wording:
First Reading of Ordinance 2025-07 - Introduce the first reading of Ordinance 2025-07 authorizing the grant of easements to Southern California Edison Company to construct and maintain electrical facilities on a portion of city-owned property and authorizing the City Manager to execute the grant of easements.
Prepared by:
Eric Bons, Senior Civil Engineer, [email protected], 559-713-4350 Chris Crawford, City Engineer, [email protected], 559-713-4331 Jason Huckleberry, Eng. & Bldg. Dir., [email protected], 559-713-4495 Nick Bartsch, Public Works Director, [email protected], 559-713-4052 Department Recommendation: Introduce the first reading of Ordinance 2025-07 authorizing the grant of easements and temporary construction easements to Southern California Edison Company to construct and maintain electrical facilities and authorizing the City Manager to execute the grant of easements.
Summary:
Southern California Edison Company (SCE) is requesting easements for the relocation of overhead transmission power lines, easements for the undergrounding of distribution power lines, and temporary construction easements that encroach into the farmland that is owned and operated by the City of Visalia’s Water Reclamation Facility (WRF). The transmission easements are located along the southerly and easterly property lines of the WRF boundary and total approximately 33,327± square feet. The distribution easements are located along the easterly property line of the WRF boundary and total approximately 3,373± square feet. The temporary construction easements vary in shape and total approximately 58,748± square feet. The City is to be compensated $12,100 for the easements based on the appraisal report.
These easements are being granted to SCE for the benefit of the Caltrans Highway 99 and Caldwell Interchange project. These easements are required to accommodate the new interchange improvements.
Background Discussion:
The California Department of Transportation (Caltrans) will be starting a construction project to improve the Highway 99 Interchange at Avenue 280 (Caldwell Avenue) in August 2025. The project will have a duration of approximately 28 months with the project completion in early 2028. The project will be removing the existing bridge crossings over Highway 99 and the existing railroad tracks. New bridges will be constructed to accommodate the future traffic demands and meet current design standards. This involves widening the approaches on the east and west side of the railroad tracks and Highway 99.
Caltrans has acquired the additional right of way for the widening of the approaches from the City of Visalia City Council Page 1 of 3 Printed on 7/18/2025
powered by Legistar™1224
File #: 25-0281 Agenda Date: 7/21/2025 Agenda #: 6.
Caltrans has acquired the additional right of way for the widening of the approaches from the City of Visalia. The easements requested by SCE for the relocation of the transmission poles, the undergrounding of the distribution power lines, and the temporary construction easements are located at the southeast corner of the Water Reclamation Facility which is also the northwest corner of the project limits (see Exhibit A). The SCE transmission poles are to be relocated to the north of their existing location due to the widening of the interchange approaches and along the easterly edge of the City owned property adjacent to the railroad right of way. The undergrounding of the distribution power lines is located along the easterly boundary of the WTP property which is also adjacent to the railroad right of way.
City staff has worked with Caltrans to explore options to limit the City’s liability for future projects that would widen Ave 280 (Caldwell Avenue) which could require the relocation of the SCE transmission poles. This relocation of transmission poles would be a future cost to the City since the transmission poles are located within an SCE easement rather than public right of way. Caltrans explored the following options and associated impacts.
· Dedicating the SCE transmission easement adjacent to Avenue 280 in fee title as road right of way.
o This additional road right of way dedication would need to be accepted by the County of Tulare which could result in a 3-to-5-month delay to the project. · Realign the transmission pole alignment so an easement would not be required from the City of Visalia.
o The option to redesign the transmission pole alignment had been asked of SCE on two occasions and SCE rejected the proposal. SCE stated that any redesign of the current plans could add up to 5-months for the redesign. A 5-month construction delay could cost the project an approximate $2.4 million for any changes to the current SCE designed transmission pole line.
The State certified this project without the SCE easements, as they were unknown at the time of certification, to save a $16 million grant for construction and $20 million in programming. If the State was not able to advertise the project for construction, the cost of the construction project was anticipated to increase significantly over the engineer’s estimate. The winning construction bid came in approximately $4 million below the engineer’s estimate.
Caltrans will need to do a construction change order by August 1, 2025, to accommodate additional grubbing and clearing for the SCE easements as this activity is set to begin in mid-August to allow SCE to relocate beginning October 1, 2025.
Each option explored resulted in a possible delay of 3 to 5 months. If Caltrans has to delay the construction project start date this could result in significant overhead and extra cost claims from the contractor.
Acceptance of the SCE easements by the City would keep the overall project moving forward on the current construction schedule without incurring delay costs. SCE will not proceed with the relocation of the transmission poles without the executed easements. SCE will be relocating transmission and distribution power lines on the east and west side of Hwy 99 and SCE wants to complete all the work as one operation because SCE will need to coordinate the rerouting of power within its network to perform the work. The relocation of the transmission poles is needed so the new approaches to the Visalia City Council Page 2 of 3 Printed on 7/18/2025
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File #: 25-0281 Agenda Date: 7/21/2025 Agenda #: 6.
overcrossings can be constructed, this work is part of the first phase of construction.
Fiscal Impact: The easements for the relocation of the SCE transmission poles and other distribution lines is to be granted to SCE and SCE will pay the City for the permanent easements and temporary construction easements. The City will be compensated in the amount of $12,100 for the SCE easements based on the appraised values.
Prior Council Action:
December 19, 2022. A presentation of Caltran’s Caldwell Avenue and SR-99 Project was presented to City Council for information and authorized the Mayor to sign a letter of concurrence for the full closure of Caldwell Avenue during portions of the construction process at the interchange.
Other: Not Applicable.
Alternatives: None Recommended.
Recommended Motion (and Alternative Motions if expected):
I move to introduce the first reading of Ordinance 2025-07 authorizing the grant of easements and temporary construction easements to Southern California Edison Company to construct and maintain electrical facilities and authorizing the City Manager to execute the grant of easements.
Environmental Assessment Status: Completed by Caltrans.
CEQA Review: Completed by Caltrans.
Deadline for Action: 7/21/2025
Attachments:
1. Project Location Map
2. Ordinance 2025-07
3. Exhibit A - Easement Display
4. Grant of Easements (Attachment 1)
Visalia City Council Page 3 of 3 Printed on 7/18/2025
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PROJECT LOCATION
PROJECT LOCATION MAP Rd. 68
Ave 280 Rd. 68
Ave 272 Hwy 9 Akers St Akers St
Hwy 99
Caldwell Ave
Hwy 9
1227
ORDINANCE NO. 2025-07
AN ORDINANCE AUTHORIZING THE SALE OF REAL PROPERTY
LOCATED AT THE CALDWELL AVENUE/AVENUE 280 AND STATE ROUTE 99 WHEREAS, the City of Visalia owns all the legal and beneficial interest in certain real property, approximately 442 acres in size located at the intersection of Caldwell Avenue/Avenue 280 and State Route 99, APN 119-010-021, the property is currently being leased and used for seasonal crops; and
WHEREAS, the California Department of Transportation (“Caltrans”) is working on a project to improve the connection between Caldwell/Avenue 280 and State Route 99, (“Project”) a state highway project that Caltrans has full statutory authority to construct, including the right to acquire necessary property by eminent domain; and WHEREAS, the Project, once completed, will provide a benefit to traffic flow and access between Caldwell Avenue and State Route 99; and
WHEREAS, Southern California Edison has informed the City that it needs to acquire a portion of APN 119-010-021 for the Project, approximately 0.84 acres of property that it needs to permanently acquire as easements and an additional 1.35 acres of property that Southern California Edison would need on a temporary basis during construction of the Project; and
WHEREAS, City engineering staff reviewed the proposed easement area and does not dispute that it would be needed for the Project; and WHEREAS, City engineering staff reviewed the proposed easement area and do not consider use of the easements by Southern California Edison would impact the use of the remaining real property by the City; and
WHEREAS, state laws concerning notice requirements for surplus land sales are not applicable to purchases made under threat of condemnation by another public agency; and
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VISALIA:
Section 1: The Council hereby directs the City Manager to sell and transfer ownership of the easements required by Southern California Edison to accommodate the Caltrans project for fair market value in a form approved by the City Attorney, and allow for construction access as needed.
1228
Section 2: The City Manager is also authorized to revise the current lease of the subject property with the tenant to accommodate this sale being made under threat of condemnation.
Section 3: This ordinance shall go into effect thirty (30) days after its passage.
PASSED AND ADOPTED: BRETT TAYLOR, MAYOR
ATTEST: ___________________________
LESLIE CAVIGLIA, CITY CLERK APPROVED BY CITY ATTORNEY
___________________________
STATE OF CALIFORNIA)
COUNTY OF TULARE ) ss.
CITY OF VISALIA )
I, Leslie Caviglia, City Clerk of the City of Visalia, certify the foregoing is the full and true Ordinance 2025-07 passed and adopted by the Council of the City of Visalia at a regular meeting held on ______________ and certify a summary of this ordinance will be published in the Visalia Times Delta.
Dated: LESLIE CAVIGLIA, CITY CLERK
By Reyna Rivera, Chief Deputy City Clerk
1229
© OpenStreetMap (and) contributors, CC-BY-SA
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Legend
New SCE Transmission Poles
New SCE Distribution Facilities
New SCE Distribution Facilities
15-ft Radial Clearance from Pole Centerline
Temporary Construction Easement
Permanent Utility Easement (SCE Transmission)
New Transmission and Distribution Electric Overhead
Permanent Utility Easement (SCE Distribution)
Right of Way
Caldwell Avenue
State Route 99
0 70 140 280 Feet
Replace 45' Wood Pole with 50' Wood Pole
Pole #4001803E
Install 7'x14'x8' Vault
Vault #V5778826
Install 7'x14'x8' Vault
Vault #V5778825
Remove existing pole
Pole #4781956E
New 70' Wood Pole
Pole #4782897E
New 70' Wood Pole
Pole #4782896E
New 70' Wood Pole
Pole #4782895E
New 70' Wood Pole
Pole #4782894E New 75' Wood Pole
Pole #4782893E
New 70' TSP
Pole #4782892E
New 80' Wood Pole
Pole #4782891E
New 85' Wood Pole
Pole #4782890E
New 85' TSP
Pole #4782889E
New 85' TSP
4782888E
New 85' Wood Pole
4782887E
Two 5" conduits (new)
from Pole #4001803E
to Vault #5778826
Six 5" conduits (new)
from Vault #577886
to Vault #5778825
Two 5" conduits (new)
from Pole #4782890E
to Vault #55778825
New County R/W
New Caltrans R/W
Replace 60' Stub Pole
Pole #4316521E
RR R/W
1230
RECORDING REQUESTED BY
WHEN RECORDED MAIL TO
SOUTHERN CALIFORNIA EDISON COMPANY
2 INNOVATION WAY, 2nd FLOOR
POMONA, CA 91768
Attn: Title and Real Estate Services
SPACE ABOVE THIS LINE FOR RECORDER’S USE
SCE Doc. No.
GRANT OF
EASEMENT
DOCUMENTARY TRANSFER TAX $ NONE
VALUE AND CONSIDERATION LESS THAN $100.00)
DISTRICT
San Joaquin Valley
SERVICE ORDER
TD2134182
SERIAL NO. MAP SIZE
_____________________ SCE Company
SIG. OF DECLARANT OR AGENT DETERMINING TAX FIRM NAME
FIM 067-013
APN 119-010-021
APPROVED:
VEGETATION &
LAND
MANAGEMENT
BY
SLS/BT
DATE
09/26/2024
CITY OF VISALIA, a municipal corporation, (hereinafter referred to as “Grantor”), hereby grants to SOUTHERN CALIFORNIA EDISON COMPANY, a corporation, its successors and assigns (hereinafter referred to as “Grantee”), an easement and right of way to construct, use, maintain, operate, alter, add to, repair, replace, reconstruct, inspect and remove at any time and from time to time underground electrical supply systems and communication systems (hereinafter referred to as “systems”), consisting of wires, underground conduits, cables, vaults, manholes, handholes, and including above-ground enclosures, markers and concrete pads and other appurtenant fixtures and equipment necessary or useful for distributing electrical energy and for transmitting intelligence, data and/or communications (eg. through fiber optic cable), in, on, over, under, across and along that certain real property in the County of Tulare, State of California, described as follows:
FOR LEGAL DESCRIPTION, SEE EXHIBITS “A” AND “B”, BOTH ATTACHED HERETO AND MADE A PART HEREOF.
Grantor further grants, bargains, sells and conveys unto the Grantee the right of assignment, in whole or in part, to others, without limitation, and the right to apportion or divide in whatever manner Grantee deems desirable, any one or more, or all, of the easements and rights, including but not limited to all rights of access and ingress and egress granted to the Grantee by this Grant of Easement.
Grantor agrees for himself, his heirs and assigns, not to erect, place or maintain, nor to permit the erection, placement or maintenance of any building, planter boxes, earth fill or other structures except walls and fences on the above described real property. The Grantee, and its contractors, agents and employees, shall have the right to trim or cut tree roots as may endanger or interfere with said systems and shall have free access to said systems and every part thereof, at all times, for the purpose of exercising the rights herein granted; provided, however, that in making any excavation on said property of the Grantor, the Grantee shall make the same in such a manner as will cause the least injury to the surface of the ground around such excavation, and shall replace the earth so removed by it and restore the surface of the ground to as near the same condition as it was prior to such excavation as is practicable.
1231
2 DSE802396090
TD2134182
EXECUTED this _____ day of _______________________, 20____.
GRANTOR
CITY OF VISALIA, a municipal corporation
____________________________________
Signature
____________________________________
Print name
____________________________________
Title
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California )
County of )
On _______________________ before me, , a Notary Public, personally appeared , who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature _______________________________ (Seal)
1232
3 DSE802396090
TD2134182
EXECUTED this _____ day of _______________________, 20__.
GRANTEE
SOUTHERN CALIFORNIA EDISON COMPANY,
a corporation
____________________________________
Signature
____________________________________
Print Name
____________________________________
Title
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California )
County of )
On _______________________ before me, , a Notary Public, personally appeared , who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature _______________________________ (Seal)
1233
Sheet 1 of 4 DSE802396090
TD2134182
EXHIBIT “A”
LEGAL DESCRIPTION
APN: 119-010-021
SITUATED IN THE CITY OF VISALIA, COUNTY OF TULARE, STATE OF CALIFORNIA.
UNDERGROUND ELECTRICAL DISTRIBUTION EASEMENT
STRIP #1 (6.00 FEET WIDE)
A 6.00 FEET WIDE STRIP OF LAND BEING A PORTION OF THE LANDS OF THE CITY OF
VISALIA, A MUNICIPAL CORPORATION, AS DESCRIBED IN THAT CORPORATION GRANT DEED FILED FOR RECORD ON DECEMBER 28, 1990 IN DOCUMENT NO. 84521, OFFICIAL RECORDS OF TULARE COUNTY LYING WITHIN SECTION 5, TOWNSHIP 19 SOUTH, RANGE 24 EAST, MOUNT DIABLO BASE AND MERIDIAN, THE CENTERLINE OF SAID STRIP IS DESCRIBED AS FOLLOWS:
COMMENCING AT THE WESTERLY TERMINUS OF THAT CERTAIN COURSE IN THE NORTHERLY LINE OF THAT PORTION OF SAID SECTION 5, MORE PARTICULARLY DESCRIBED AS PARCEL 88199-1 DESCRIBED IN THE DEED TO THE STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION, RECORDED ON OCTOBER 18, 2022 AS DOCUMENT NO. 2022-0063716, OFFICIAL RECORDS OF SAID COUNTY, SAID CERTAIN COURSE IS
DESCRIBED AS
“NORTH 82°25’24” EAST 224.99 FEET” (GRID DISTANCE) IN SAID DEED; THENCE ALONG SAID CERTAIN COURSE, NORTH 82°25’24” EAST 61.70 FEET TO THE TRUE POIN OF BEGINNING;
THENCE LEAVING SAID CERTAIN COURSE, NORTH 11°15’37” WEST 18.00 FEET TO THE POINT OF TERMINUS.
THE SIDELINES OF SAID STRIP ARE TO BE PROLONGED OR SHORTENED TO TERMINATE SOUTHERLY IN THE NORTHERLY LINE OF SAID PARCEL 88199-1.
CONTAINING 108 SQUARE FEET OR 0.002 ACRES, MORE OR LESS.
STRIP #2 (6.00 FEET WIDE)
A 6.00 FEET WIDE STRIP OF LAND BEING A PORTION OF THE LANDS OF THE CITY OF
VISALIA, A MUNICIPAL CORPORATION, AS DESCRIBED IN THAT CORPORATION GRANT DEED FILED FOR RECORD ON DECEMBER 28, 1990 IN DOCUMENT NO. 84521, OFFICIAL RECORDS OF TULARE COUNTY LYING WITHIN SECTION 5, TOWNSHIP 19 SOUTH, RANGE 24 EAST, MOUNT DIABLO BASE AND MERIDIAN, THE CENTERLINE OF SAID STRIP IS DESCRIBED AS FOLLOWS:
1234
Sheet 2 of 4 DSE802396090
TD2134182
COMMENCING AT THE NORTHWESTERLY TERMINUS OF THAT CERTAIN COURSE IN THE NORTHEASTERLY LINE OF THAT PORTION OF SAID SECTION 5, MORE PARTICULARLY DESCRIBED AS PARCEL 88199-1 DESCRIBED IN THE DEED TO THE STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION, RECORDED ON OCTOBER 18, 2022 AS DOCUMENT NO. 2022-0063716, OFFICIAL RECORDS OF SAID COUNTY, SAID CERTAIN COURSE IS DESCRIBED AS “SOUTH 27°51’27” EAST 260.21 FEET” (GRID DISTANCE) IN SAID DEED, SAID
POINT ALSO BEING IN THE WESTERLY RIGHT OF WAY LINE OF THE UNION PACIFIC RAILROAD;
THENCE ALONG SAID WESTERLY RIGHT OF WAY LINE, NORTH 27°51’27” WEST 868.51 FEET;
THENCE LEAVING SAID WESTERLY RIGHT OF WAY LINE, SOUTH 62°08’33” WEST 8.32 FEET TO THE TRUE POINT OF BEGINNING;
THENCE SOUTH 04°55’19” EAST 41.67 FEET;
THENCE SOUTH 27°25’19” EAST 36.42 FEET TO THE POINT OF TERMINUS, SAID POINT HEREINAFTER REFERRED TO AS POINT “A”.
THE SIDELINES OF SAID STRIP ARE TO BE PROLONGED OR SHORTENED TO JOIN AT THE ANGLE POINT.
CONTAINING 469 SQUARE FEET OR 0.011 ACRES, MORE OR LESS.
STRIP #3 (15.00 FEET WIDE)
A 15.00 FEET WIDE STRIP OF LAND BEING A PORTION OF THE LANDS OF THE CITY OF
VISALIA, A MUNICIPAL CORPORATION, AS DESCRIBED IN THAT CORPORATION GRANT DEED FILED FOR RECORD ON DECEMBER 28, 1990 IN DOCUMENT NO. 84521, OFFICIAL RECORDS OF TULARE COUNTY LYING WITHIN SECTION 5, TOWNSHIP 19 SOUTH, RANGE 24 EAST, MOUNT DIABLO BASE AND MERIDIAN, THE CENTERLINE OF SAID STRIP IS DESCRIBED AS FOLLOWS:
COMMENCING AT SAID POINT “A”;
THENCE SOUTH 62°34’41” WEST 3.92 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 27°25’19” EAST 22.00 FEET TO THE POINT OF TERMINUS, SAID POINT HEREINAFTER REFERRED TO AS POINT “B”.
CONTAINING 330 SQUARE FEET OR 0.008 ACRES, MORE OR LESS. 1235
Sheet 3 of 4 DSE802396090
TD2134182
STRIP #4 (6.00 FEET WIDE)
A 6.00 FEET WIDE STRIP OF LAND BEING A PORTION OF THE LANDS OF THE CITY OF
VISALIA, A MUNICIPAL CORPORATION, AS DESCRIBED IN THAT CORPORATION GRANT DEED FILED FOR RECORD ON DECEMBER 28, 1990 IN DOCUMENT NO. 84521, OFFICIAL RECORDS OF TULARE COUNTY LYING WITHIN SECTION 5, TOWNSHIP 19 SOUTH, RANGE 24 EAST, MOUNT DIABLO BASE AND MERIDIAN, THE CENTERLINE OF SAID STRIP IS DESCRIBED AS FOLLOWS:
COMMENCING AT SAID POINT “B”;
THENCE NORTH 62°34’41” EAST 3.92 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 27°25’19” EAST 274.51 FEET TO THE POINT OF TERMINUS, SAID POINT HEREINAFTER REFERRED TO AS POINT “C”.
CONTAINING 1,647 SQUARE FEET OR 0.038 ACRES, MORE OR LESS.
STRIP #5 (15.00 FEET WIDE)
A 15.00 FEET WIDE STRIP OF LAND BEING A PORTION OF THE LANDS OF THE CITY OF
VISALIA, A MUNICIPAL CORPORATION, AS DESCRIBED IN THAT CORPORATION GRANT DEED FILED FOR RECORD ON DECEMBER 28, 1990 IN DOCUMENT NO. 84521, OFFICIAL RECORDS OF TULARE COUNTY LYING WITHIN SECTION 5, TOWNSHIP 19 SOUTH, RANGE 24 EAST, MOUNT DIABLO BASE AND MERIDIAN, THE CENTERLINE OF SAID STRIP IS DESCRIBED AS FOLLOWS:
COMMENCING AT SAID POINT “C”;
THENCE SOUTH 62°34’41” WEST 3.92 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 27°25’19” EAST 22.00 FEET TO THE POINT OF TERMINUS, SAID POINT HEREINAFTER REFERRED TO AS POINT “D”.
CONTAINING 330 SQUARE FEET OR 0.008 ACRES, MORE OR LESS.
STRIP #6 (6.00 FEET WIDE)
A 6.00 FEET WIDE STRIP OF LAND BEING A PORTION OF THE LANDS OF THE CITY OF
VISALIA, A MUNICIPAL CORPORATION, AS DESCRIBED IN THAT CORPORATION GRANT DEED FILED FOR RECORD ON DECEMBER 28, 1990 IN DOCUMENT NO. 84521, OFFICIAL RECORDS OF TULARE COUNTY LYING WITHIN SECTION 5, TOWNSHIP 19 SOUTH, RANGE 24 EAST, MOUNT DIABLO BASE AND MERIDIAN, THE CENTERLINE OF SAID STRIP IS DESCRIBED AS FOLLOWS:
COMMENCING AT SAID POINT “D”;
1236
Sheet 4 of 4 DSE802396090
TD2134182
THENCE NORTH 62°34’41” EAST 3.92 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 27°25’19” EAST 36.42 FEET;
THENCE SOUTH 49°55’19” EAST 45.00 FEET TO THE POINT OF TERMINUS.
THE SIDELINES OF SAID STRIP ARE TO BE PROLONGED OR SHORTENED TO JOIN AT THE ANGLE POINT.
CONTAINING 489 SQUARE FEET OR 0.011 ACRES, MORE OR LESS.
ALL AS SHOWN ON EXHIBIT “B” ATTACHED HERETO AND MADE A PART HEREOF.
SUBJECT TO ANY AND ALL EXISTING MATTERS OF RECORDS.
DATED: ___________________________, 2024
________________________________________
ADAM L. FORTH, P.L.S.
L.S. NO. 9570
OCTOBER 16
1237
A PORTION OF SECTION 5,
TOWNSHIP 19 SOUTH, RANGE 24 EAST,
MOUNT DIABLO BASE AND MERIDIAN
PROJECT
AREA
CALDWELL AVENUE (AVENUE 280)
UNION PACIFIC RAILROAD
STATE HIGHWAY 99
EXHIBIT "B"
N
1238
CALDWELL AVENUE
(AVENUE 280)
A PORTION OF SECTION 5,
TOWNSHIP 19 SOUTH, RANGE 24 EAST,
MOUNT DIABLO BASE AND MERIDIAN N
1239
UNION PACIFIC
RAILROAD
STATE HIGHWAY 99
A PORTION OF SECTION 5,
TOWNSHIP 19 SOUTH, RANGE 24 EAST,
MOUNT DIABLO BASE AND MERIDIAN
N
1240
RECORDING REQUESTED BY
SOUTHERN CALIFORNIA EDISON COMPANY
WHEN RECORDED MAIL TO
SOUTHERN CALIFORNIA EDISON COMPANY
2 INNOVATION WAY – 2ND FLOOR
POMONA, CA 91768
ATTN: TITLE & REAL ESTATE SERVICES
SPACE ABOVE THIS LINE FOR RECORDER'S USE
Location: City of Visalia DOCUMENTARY TRANSFER TAX $________________ Serial No. 73371A Service Order 802246563
A.P.N: 119-010-021
V&LM File No.: ACQ204159600
SCE Doc No.: 527983
COMPUTED ON FULL VALUE OF PROPERTY CONVEYED
OR COMPUTED ON FULL VALUE LESS LIENS AND
ENCUMBRANCES REMAINING AT TIME OF SALE
SCE Company.
SIGNATURE OF DECLARANT OR AGENT DETERMINING TAX Firm Name Approved
Vegetation & Land
Management
BY SF DATE 06/20/2023
GRANT OF
TEMPORARY CONSTRUCTION EASEMENT
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CITY OF VISALIA, a municipal corporation, hereinafter referred to as “GRANTOR,” does hereby grant to SOUTHERN CALIFORNIA EDISON COMPANY, a California corporation, hereinafter referred to as “GRANTEE,” a temporary, non-exclusive easement for construction-related purposes (“Temporary Construction Easement”) in, over, under and across those portions of real property located in the County of Tulare, State of California, and more particularly identified as follows:
THAT PORTION OF THE WEST HALF OF SECTION 5 AND THAT PORTION OF THE EAST HALF OF SECTION 5, LYING WEST OF THE WESTERLY LINE OF THE RIGHT OF WAY OF THE SOUTHERN PACIFIC RAILROAD COMPANY, ALL IN THE TOWNSHIP 19 SOUTH, RANGE 24 EAST, MOUNT DIABLO BASE AND MERDIAN.
EXCEPTING FROM THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 5, AND THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 5, THAT PORTION THEREOF LYING WITHIN THE LINES OF THE 200 FOOT RIGHT OF WAY GRANTED TO THE SOUTHERN PACIFIC RAILROAD COMPANY, BY ACT OF CONGRESS APPROVED JULY 27, 1866.
ALSO EXCEPTING THAT PORTION CONVEYED TO THE STATE OF CALIFORNIA BY DEED DATED DECEMBER 15, 1958 AND RECORDED IN BOOK 2112 AT PAGE 83 OF OFFICIAL RECORDS.
ALSO EXCEPTING THE SOUTH 40 FEET THEREOF.
ALSO EXCEPTING THAT PORTION CONVEYED TO THE STATE OF CALIFORNIA BY GRANT DEED DATED APRIL 18, 2022 AND RECORDED OCTOBER 18, 2022 AS DOCUMENT NO. 2022-0063716 OF OFFICIAL RECORDS.
Those parcels legally described in the attached Exhibit A and depicted in the attached Exhibit B, as said Exhibits are incorporated herein by this reference (collectively, the “Easement Areas”).
1. Use of the Easement Areas. Use of the Easement Areas, and exercise of the easement rights granted herein, shall be limited solely to those activities which are related to and necessary for GRANTEE’s development and installation of electrical generation, transmission and/or distribution CT Parcels 96002-3 & 96002-4
1241
Temporary Construction Easement
City of Visalia, to
S. C. E. Co., a corp.
Serial No.: 73371A
V&LM File No.: ACQ204159600
-2-
facilities (and improvements related thereto [collectively, the “Utility Facilities”]) on properties that are located adjacent and/or proximate to the Easement Areas. Specifically, during the Term of this Temporary Construction Easement (as defined below), GRANTEE shall have the following rights relative to the Easement Areas:
a. The right to enter upon and pass and repass over and along the Easement Areas for the construction, reconstruction, enlargement, repair and maintenance of such improvements as are required for, or otherwise necessitated by, Grantee’s development and installation of the Utility Facilities.
b. The right to transport personnel, trucks, cars, equipment and materials over, through and across all portions of the Easement Areas for purposes of facilitating the development and installation of the Utility Facilities.
c. The right to store, maintain and operate on the Easement Areas such equipment, tools, machinery, inventory, implements and other materials as are necessary or convenient in connection with GRANTEE’s development and installation of the Utility Facilities. d. The right to install, operate, maintain and replace on, over, under and within the Easement Areas such temporary poles, footings, lines and other improvements as are necessary or convenient in connection with GRANTEE’s development and installation of the Utility Facilities.
2. Term of Temporary Construction Easement. The Temporary Construction Easement shall commence on the Effective Date hereof (as defined below) and shall automatically terminate and expire upon (i) the date construction of the Utility Facilities is completed or (ii) the second (2nd) anniversary of the Effective Date, whichever date shall first occur (the “Term”). Upon the expiration of the Term, all of the rights and benefits of GRANTEE in, to and under the Temporary Construction Easement shall automatically terminate and be of no further force and effect.
3. Use of Gates; Removal of Materials Impeding the Easement. GRANTEE shall have the right to use gates in all of GRANTOR’s fences which presently or hereafter cross the Easement Areas, and to remove, trim, cut and clear away any trees and brush within the Easement Areas (and relocate any other materials situated, placed or appearing within the Easement Areas) whenever in GRANTEE’s reasonable judgment the same shall be necessary for the convenient and safe exercise of the rights granted hereby.
4. Obligation to Restore Easement Areas. After completion of any work performed by GRANTEE or its agents, contractors or employees which disturbs the surface of the Easement Areas, GRANTEE shall, at its sole cost and expense, restore the surface of such area as close as reasonably possible to its original character (as existing/measured at the time of the Effective Date of this Temporary Construction Easement, but specifically excluding the obligation to replace/replant any trees or shrubs trimmed, cut or cleared in connection with the provisions of Section 3, above).
5. Obligation to Obtain Necessary Approvals. Prior to engaging in any activity upon the Easement Areas, GRANTEE shall, at its sole cost and expense, apply for and obtain all necessary permits, authorizations, licenses and approvals (collectively, “Approvals”) which are or may be required from any body, agency, or department with jurisdiction over the Easement Areas.
6. Rights Retained by GRANTOR. The easement rights acquired by GRANTEE pursuant to this instrument are acquired subject to the right of GRANTOR, its successors and assigns to use the surface and subsurface of the land within the Easement Areas to the extent that such use is compatible with the full and free exercise of the Temporary Construction Easement by GRANTEE. 1242
Temporary Construction Easement
City of Visalia, to
S. C. E. Co., a corp.
Serial No.: 73371A
V&LM File No.: ACQ204159600
-3-
7. Indemnification.
a. GRANTEE. GRANTEE hereby agrees to indemnify, defend (with counsel acceptable to GRANTOR), release and hold harmless GRANTOR, its successors and assigns, including their respective affiliates, partners, directors, members, officers, shareholders, agents, representatives, contractors and employees (collectively, the “Grantor Representatives”), and each of them, and their property from all loss, liability, damages, claims, costs and expenses (including attorneys’ fees and court costs) arising directly or indirectly out of the acts or omissions, intentional or otherwise, of GRANTEE, its employees, agents, contractors and representatives (collectively, the “Grantee Representatives”) in connection with the use of the Easement Area by GRANTEE and/or the Grantee Representatives or any material breach of this Temporary Construction Easement by GRANTEE; provided, however, that nothing contained in this paragraph shall operate to relieve GRANTOR from any loss, liability, damages, claims, costs or expenses to the extent determined by a court of competent jurisdiction to have been proximately caused by the willful misconduct or negligent acts or omissions of GRANTOR, the Grantor Representatives, or any of them. Payment shall not be a condition precedent to recovery under the forgoing indemnity.
b. GRANTOR. GRANTOR hereby agrees to indemnify, defend (with counsel acceptable to GRANTEE), release and hold harmless GRANTEE and the Grantee Representatives, and each of them, and its and their property from all loss, liability, damages, claims, costs and expenses (including attorneys’ fee and court costs) arising directly or indirectly out of the acts or omissions, intentional or otherwise, of GRANTOR or the Grantor Representatives in connection with the use of the Easement Areas by GRANTOR and/or the Grantor Representatives or any material breach of this Temporary Construction Easement by GRANTOR; provided, however that nothing contained in this paragraph shall operate to relieve GRANTEE from any loss, liability, damages, claims, costs or expenses to the extent determined by a court of competent jurisdiction to have been proximately caused by the willful misconduct or negligent acts or omissions of GRANTEE, the Grantee Representatives, or any of them.
Payment shall not be a condition precedent to recovery under the forgoing indemnity.
8. General Provisions.
a. Covenants Running with the Land. GRANTEE and GRANTOR acknowledge and agree that the rights conferred by this Temporary Construction Easement are intended to, and do, constitute covenants that run with the land and shall inure to the benefit of and be binding upon the parties and their respective grantees, heirs, successors and assigns. b. Effective Date. This Temporary Construction Easement shall be effective upon the date that is set forth above the signature line(s) identified for GRANTOR on the final page of this instrument. c. Authorized Representative. Each individual signing on behalf of a party to this Temporary Construction Easement states that he or she is the duly authorized representative of the signing party and that his or her signature on this Temporary Construction Easement has been duly authorized by, and creates the binding and enforceable obligation of, the party on whose behalf the representative is signing.
d. Attorney’s Fees. In the event of any dispute between the parties regarding the enforcement or effect of this Temporary Construction Easement, the non-prevailing party in any such dispute shall pay the prevailing party’s reasonable attorney’s fees and costs actually incurred. In the event that neither party wholly prevails, the court may apportion the costs or fees as the court deems appropriate.
1243
Temporary Construction Easement
City of Visalia, to
S. C. E. Co., a corp.
Serial No.: 73371A
V&LM File No.: ACQ204159600
-4-
e. Further Cooperation. Each of the signatories to this Temporary Construction Easement agree to execute such other documents and to perform such other acts as may be reasonably necessary or desirable to further the expressed and intent purpose of this Temporary Construction Easement.
EXECUTED this ________ day of _____________________, 20_____.
CITY OF VISALIA, a municipal corporation
By: ___________________________________________
Name:
Its:
By: ___________________________________________
Name:
Its:
1244
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California )
) ss.
County of )
On _______________________ before me, , a Notary Public, personally appeared , who proved to me on the
basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature _______________________________
1245
Temporary Construction Easement
City of Visalia, to
S. C. E. Co., a corp.
Serial No.: 73371A
V&LM File No.: ACQ204159600
-6-
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California )
) ss.
County of )
On _______________________ before me, , a Notary Public, personally appeared , who proved to me on the
basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature _______________________________
1246
Exhibit “A”
Exhibit “A”
Description of the Easement Area
[To Be Attached]
1247
Exhibit “B”
Exhibit “B”
Depiction of the Easement Area
[To Be Attached]
1248
1249
1250
1251
1252
RECORDING REQUESTED BY
SOUTHERN CALIFORNIA EDISON COMPANY
WHEN RECORDED MAIL TO
SOUTHERN CALIFORNIA EDISON COMPANY
2 INNOVATION WAY, 2ND FLOOR
POMONA, CA 91768
ATTN: TITLE & REAL ESTATE SERVICES
SPACE ABOVE THIS LINE FOR RECORDER'S USE
GRANT OF EASEMENT
DOCUMENTARY TRANSFER TAX $_____________________ Serial No. 73368A Service Order No. 802246718
Location: City of Visalia
A.P.N. 119-010-021
V&LM File No.: ACQ204159598
SCE Doc No.: 527980
___________COMPUTED ON FULL VALUE OF PROPERTY CONVEYED
___________OR COMPUTED ON FULL VALUE LESS LIENS AND
ENCUMBRANCES REMAINING AT TIME OF SALE
SO. CALIF. EDISON CO.
SIGNATURE OF DECLARANT OR AGENT DETERMINING TAX FIRM NAME Approved
Vegetation & Land
Management
BY SF DATE 06/16/2023
CITY OF VISALIA, a municipal corporation, hereinafter called "Grantor", hereby grants to SOUTHERN CALIFORNIA EDISON COMPANY, a corporation, its successors and assigns, hereinafter called "Grantee", an easement and right of way to construct, use, maintain, alter, add to, enlarge, repair, replace, inspect, and/or remove, at any time and from time to time, electric lines, consisting of poles and towers made of various materials, "H" frame structures, guy wires and anchors, crossarms, wires and other fixtures and appliances and communication circuits with necessary appurtenances, both overhead and underground, for conveying electric energy to be used for light, heat, power, telephone and/or other purposes, in, under, on, over, along and across two (2.0) strip of land of varying width, hereinafter described and designated as "Right of Way Strip," lying within that certain real property of the Grantor, situated in the County of Tulare, State of California, described as follows:
THAT PORTION OF THE WEST HALF OF SECTION 5 AND THAT PORTION OF THE EAST HALF OF SECTION 5, LYING WEST OF THE WESTERLY LINE OF THE RIGHT OF WAY OF THE SOUTHERN PACIFIC RAILROAD COMPANY, ALL IN THE TOWNSHIP 19 SOUTH, RANGE 24 EAST, MOUNT DIABLO BASE AND MERDIAN.
EXCEPTING FROM THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 5, AND THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 5, THAT PORTION THEREOF LYING WITHIN THE LINES OF THE 200 FOOT RIGHT OF WAY GRANTED TO THE SOUTHERN PACIFIC RAILROAD COMPANY, BY ACT OF CONGRESS APPROVED JULY 27, 1866.
ALSO EXCEPTING THAT PORTION CONVEYED TO THE STATE OF CALIFORNIA BY DEED DATED DECEMBER 15, 1958 AND RECORDED IN BOOK 2112 AT PAGE 85 OF OFFICIAL RECORDS.
ALSO EXCEPTING THE SOUTH 40 FEET THEREOF.
ALSO EXCEPTING THAT PORTION CONVEYED TO THE STATE OF CALIFORNIA BY GRANT DEED DATED APRIL 18, 2022 AND RECORDED OCTOBER 18, 2022 AS DOCUMENT NO. 2022-0063716 OF OFFICIAL RECORDS.
CT Parcels 96002-1 & 96002-2
1253
-2-
Grant of Easement
City of Visalia to
S.C.E. Co., a corp.
Serial No.: 73368A
V&LM File No.: ACQ20415598
The said Right of Way Strip is more particularly described on the Exhibit "A" and more particularly depicted on the Exhibit "B", both attached hereto and by this reference made a part hereof.
Grantor further grants, bargains, sells and conveys unto the Grantee the right of assignment, in whole or in part, to others, without limitation, and the right to apportion or divide in whatever manner Grantee deems desirable, any one or more, or all, of the easements and rights, including but not limited to all rights of access and ingress and egress granted to the Grantee by this Grant of Easement.
Grantor hereby also grants to Grantee, its successors and assigns, and its and their contractors, agents, and employees, the right to clear and to keep clear said Right of Way Strip, free from explosives, buildings, equipment, brush, combustible material and any and all other obstructions of any kind (except for those herein provided) and the right to trim or remove any tree or shrub which in the opinion of Grantee, may endanger said electric lines or any part thereof or interfere with the exercise of the rights herein granted.
The terms, covenants and conditions of this Grant of Easement shall bind and inure to the benefit of the successors and assigns of Grantor and the successors and assigns of Grantee.
IN WITNESS WHEREOF, Grantor has caused this instrument to be executed by its officers thereunto duly authorized, this ______ day of ___________________, 20____.
CITY OF VISALIA, a municipal corporation
By: _____________________________________
Name: __________________________________
Title: ___________________________________
By: _____________________________________
Name: __________________________________
Title: ___________________________________
1254
Grant of Easement
City of Visalia to
S.C.E. Co., a corp.
Serial No.: 73368A
V&LM File No.: ACQ20415598
-3-
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California )
County of )
On _______________________ before me, , a Notary Public, personally appeared , who proved to me on the
basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature _______________________________
1255
Grant of Easement
City of Visalia to
S.C.E. Co., a corp.
Serial No.: 73368A
V&LM File No.: ACQ20415598
-4-
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California )
County of )
On _______________________ before me, , a Notary Public, personally appeared , who proved to me on the
basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature _______________________________
1256
PAGE 1 of 2
WO #802246718 – NOT #204159598
EXHIBIT “A”
LEGAL DESCRIPTION
SERIAL NO. 73368A
APN: 119-010-021
OVERHEAD TRANSMISSION EASEMENT:
THAT PORTION OF SECTION 5, TOWNSHIP 19 SOUTH, RANGE 24 EAST, MOUNT DIABLO
MERIDIAN OF RECORD OF SURVEY, IN THE CITY VISALIA, COUNTY OF TULARE, STATE OF CALIFORNIA, FILED IN BOOK 20, PAGE 17 OF LICENSED SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SAID PORTION DESCRIBED AS FOLLOWS:
PARCEL “A”:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 5;
THENCE ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 5 SOUTH 89° 34’ 02” WEST, 264.47 FEET TO THE SOUTHWESTERLY RIGHT OF WAY OF THE UNION PACIFIC RAILROAD, PER CALTRANS RIGHT OF WAY MAP, TUL 99 PM 36-76 RM; THENCE NORTH 28° 04’ 00” WEST, 260.21 FEET ALONG SAID SOUTHWESTERLY RAILROAD RIGHT OF WAY TO THE TRUE POINT OF BEGINNING;
THENCE SOUTH 77° 58’ 28” WEST, 31.22 FEET TO A LINE PARALLEL WITH AND
30.00 FEET SOUTHWESTERLY OF SAID RAILROAD RIGHT OF WAY; THENCE NORTH 28° 04’ 00” WEST, 627.93 FEET ALONG SAID PARALLEL LINE; THENCE NORTH 61° 56’ 00” EAST, 30.00 FEET TO SAID RAILROAD RIGHT OF WAY; THENCE SOUTH 28° 04’ 00” EAST, 636.56 FEET ALONG SAID RAILROAD RIGHT OF WAY TO THE TRUE POINT OF BEGINNING.
CONTAINING 18,967 SQUARE FEET OR 0.435 ACRES, MORE OR LESS.
PARCEL “B”:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 5;
THENCE ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 5 SOUTH 89° 34’ 02” WEST, 264.47 FEET TO THE SOUTHWESTERLY RIGHT OF WAY OF THE UNION PACIFIC RAILROAD, PER CALTRANS RIGHT OF WAY MAP, TUL 99 PM 36-76 RM; 1257
SERIAL NO. 73368A
PAGE 2 of 2
WO #802246718 – NOT #204159598
THENCE NORTH 28° 04’ 00” WEST, 260.21 FEET ALONG SAID SOUTHWESTERLY RAILROAD RIGHT OF WAY;
THENCE SOUTH 77° 58’ 28” WEST, 269.51 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 77° 58’ 28” WEST, 194.31 FEET;
THENCE SOUTH 70° 42’ 28” WEST, 116.77 FEET;
THENCE SOUTH 82° 12’ 51” WEST, 225.00 FEET;
THENCE SOUTH 86° 01’ 58” WEST, 308.10 FEET;
THENCE NORTH 81° 02’ 46” EAST, 840.79 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING 14,060 SQUARE FEET OR 0.323 ACRES, MORE OR LESS.
ALL AS SHOWN ON EXHIBIT “B” ATTACHED HERETO AND MADE A PART HEREOF.
SUBJECT TO ANY AND ALL MATTERS OF RECORD.
THIS DESCRIPTION IS NOT INTENED FOR THE USE IN THE CONVEYANCE OF LAND IN VIOLATION OF THE SUBDIVISION MAP ACT OF THE STATE OF CALIFORNIA.
PREPARED BY ME OR UNDER MY DIRECTION:
DANIEL W. MEYER, P.L.S. No. 9201 DATE
09/28/2023
1258
CA AVENUE 280 (CALDWELL AVENUE) S 89° 34' 02" W 264.47' N 00° 25' 35" W SOUTH LINE OF THE SOUTHEAST QUARTER OF SECTION 5 N 28° 04' 00" W 260.21' STATE ROUTE 99 POINT OF COMMENCEMENT SOUTHEAST CORNER OF SECTION 5 T19S R24E, M.D.M SOUTH QUARTER CORNER OF SECTION 5 EXISTING RIGHT OF WAY 40' PROPOSED RIGHT OF WAY PER CALTRANS MAP TUL99PM36_42_AM S77° 58' 28" W 269.51' TRUE POINT OF BEGINNING PARCEL "A" RAILROAD SOUTHWESTERLY RIGHT OF WAY 150' UNION PACIFIC RAILROAD APN: 119-010-068 CALTRANS RIGHT OF WAY MAP TUL 99 PM 36-76 RM EAST LINE SECTION 5 TRUE POINT OF BEGINNING PARCEL "B" 150' SCALE IN FEET 0 160 320 40' OVERHEAD TRANSMISSION EASEMENT PARCEL "B" SEE SHEET 3 OVERHEAD TRANSMISSION EASEMENT PARCEL "A" SEE SHEET 2 SECTION 5 TOWNSHIP 19 SOUTH RANGE 24 EAST MOUNT DIABLO MERIDIAN APN: 119-010-021 PREPARED UNDER MY SUPERVIDSION:
1259
RECTOR - GOSHEN - LIBERTY 66KV ( CITY OF VISALIA )
802246718 204159598 VISALIA TULARE
7-31-2023
73368A 008 (SER #73368A)
125-064
CALTRANS RIGHT OF WAY MAP - TUL 99 PM 36-76 RM
N/A
R.S. MAYER
D. MEYER S. FLORES
N/A
CA
SCALE IN FEET
0 120 240
POINT OF COMMENCEMENT
SOUTHEAST CORNER
OF SECTION 5
T19S R24E, M.D.M
AVENUE 280 (CALDWELL AVENUE)
S 89° 34' 02" W 264.47' N 00° 25' 35" W
SOUTH LINE OF THE SOUTHEAST QUARTER OF SECTION 5
N 28° 04' 00" W 260.21'
STATE ROUTE 99
RAILROAD
SOUTHWESTERLY
RIGHT OF WAY
SOUTH QUARTER CORNER
OF SECTION 5
EXISTING RIGHT OF WAY
PROPOSED RIGHT OF WAY PER CALTRANS MAP TUL99PM36_42_AM
TRUE POINT OF
BEGINNING
PARCEL "A"
30.00'
N 61° 56' 00" E
CALTRANS
RIGHT OF WAY MAP
TUL 99 PM 36-76 RM EAST LINE SECTION 5
OVERHEAD
TRANSMISSION
EASEMENT
PARCEL "A"
( 18,967± SQUARE FEET )
( 0.435± ACRES )
N 28° 04' 00" W 627.93' S 28° 04' 00" E 636.56'
150'
UNION PACIFIC RAILROAD APN: 119-010-068
150'
S 77° 58' 28" W 31.22'
30'
30'
SECTION 5
TOWNSHIP 19 SOUTH
RANGE 24 EAST
MOUNT DIABLO MERIDIAN
APN: 119-010-021
1260
CA 260.21' N 28° 04' 00" W AVENUE 280 (CALDWELL AVENUE) SOUTH LINE OF THE SOUTHEAST QUARTER OF SECTION 5 SOUTH QUARTER CORNER OF SECTION 5 EXISTING RIGHT OF WAY PROPOSED RIGHT OF WAY PER CALTRANS MAP TUL99PM36_42_AM S77° 58' 28" W 269.51' TRUE POINT OF BEGINNING PARCEL "B" SCALE IN FEET 0 120 240 OVERHEAD TRANSMISSION EASEMENT PARCEL "B" ( 14,060± SQUARE FEET ) ( 0.323± ACRES ) RAILROAD SOUTHWESTERLY RIGHT OF WAY N 81° 02' 46" E 840.79' S 86° 01' 58" W 308.10' S 82° 12' 51" W 225.00' S 70° 42' 28" W 116.77' S 77° 58' 28" W 194.31' S 89° 34' 02" W PROPOSED RIGHT OF WAY POINT OF COMMENCEMENT SOUTHEAST CORNER SECTION 5 T19S R24E, M.D.M S 89° 34' 02" W 264.47' SECTION 5 TOWNSHIP 19 SOUTH RANGE 24 EAST MOUNT DIABLO MERIDIAN APN: 119-010-021 APN: 119-010-068 1261
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0318 Agenda Date: 7/21/2025 Agenda #: 1.
Agenda Item Wording:
For the purposes of reporting out, for the record, transactions that occurred as a result of Closed Session Real Property Negotiations:
Buyer: City of Visalia
Seller: Judy A.Rose, Trustee of the Rose Family Trust dated October 10, 2019 APN: 124-010-011
Purpose: Caldwell Widening Project - Santa Fe to Lovers Lane Brief Description: Right of Way
Price: $40,000.00
Closing Date: 6/4/2025
Closed Session Council Date: 10/7/2024
Project Manager: Eric Bons
Buyer: City of Visalia, a Municipal Corporation
Seller: Jillaina Leann Brown and Eliza Cotton Ross, Successor Co-Trustees of the Ingram Family Irrevocable Trust dated August 28, 2013
APN: 100-630-023 & 100-630-024 (portion of)
Purpose: Right of Way
Brief Description: Caldwell Improvement Project Santa Fe to Lovers Lane Price: $75,000.00
Closing Date: 6/30/2025
Regular Session Council Date: 8/7/2023
Project Manager: Eric Bons
Buyer: City of Visalia, a Municipal Corporation
Seller: City of Visalia, a Municipal Corporation, as Successor Agency of the City of Visalia Redevelopment Agency
APN: 094-180-009, 094-180-011, 094-180-010, 094-180-012, 094-180-013, 094-190-015, 094-190- 018, 094-190-019, 094-190-020, 094-190-016, 094-240-043, 094-240-048, 094-240-049 Purpose: Civic Center Properties
Brief Description: Successor Agency Transfer
Price: $6,280,317.00
Closing Date: 6/30/2025
Closed Session Council Date: 3/3/2025
Visalia City Council Page 1 of 1 Printed on 7/18/2025
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0247 Agenda Date: 7/21/2025 Agenda #: 1.
Agenda Item Wording:
Upcoming City Council Meetings
Monday, August 4, 2025 @ 7:00 p.m. at 707 W. Acequia
Monday, August 18, 2025 @ 7:00 p.m. at 707 W. Acequia
Note: Meeting dates and times are subject to change, check posted agenda for correct details. In compliance with the American Disabilities Act, if you need special assistance to participate in meetings contact 713-4512.
Written materials relating to an item on this agenda submitted to the Council after distribution of the agenda are available for public inspection in the Office of the City Clerk, 220 N. Santa Fe Street, Visalia CA 93292, during normal business hours.
Visalia City Council Page 1 of 1 Printed on 7/11/2025
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