RESOLUTION NO. 2025 - 61
RESOLUTION ODERING THE
SUMMARY VACATION AND ABANDONMENT PORTION OF
MILL CREEK TRAIL EAST OF DEMAREE
WHEREAS, the City of Visalia, owns and operates the Mill Creek Trail, a pathway located generally along Mill Creek, including the subject property portion east of Demaree along Assessor Parcel Numbers 089-25-046, 089-25-047, 089-25-048, 089-25-049, 089-35-044, and 089-25-045; and WHEREAS, this area was acquired by the City through a dedication made by the property owner as part of the development of the adjacent property; 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 Mill Creek Trail is a paved pathway used by the public, qualifying as a “public service easement” as that term is defined in Streets & Highways Code § 8306.
WHEREAS, City staff have determined that a portion of the previously dedicated right of way for the Mill Creek Trail, approximately 5.5’ in width along the property line and legal described in Exhibit “A” which is attached hereto and made a part hereof by reference, is in excess of what is required for the Mill Creek Trail, not necessary for municipal purposes, and there are no public facilities located within this area, which allows for the use of the summary process to abandon a public service easement under Streets & Highways Code § 8333(c); and WHEREAS, City staff have determined that no other entities have any right, title, or interest in that portion of the public service easement being proposed to be vacated.
WHEREAS, City staff have determined that this abandonment of a portion of the trail right of way constitutes a minor realignment of the trail that does not impact public access, usage, and operation of the trail.
NOW THEREFORE, BE IT RESOLVED AS FOLLOWS:
The Council of the City of Visalia hereby orders the summary vacation and abandonment of that portion of the Mill Creek Trail described above and in the legal description attached to this Resolution as Exhibit “A” which is made a part hereof by reference.
A public hearing is not required, and the use of a summary proceeding is allowed for the vacation of this portion of the Mill Creek Trail public service easement by the City Council having determined under California Streets and Highways Code pursuant to the provisions in § 8330 – 8336, Chapter 4 of Part 3, Division 9, specifically § 8333(c) that permits the summary vacation of a public service easement when it has been determined to be in excess of what is for municipal purposes and there are no other public facilities located in this portion of the public service easement. In this instance the City Council has determined that the portion of the public service easement to be abandoned is in excess of what is required by the City of Visalia and there are no other public facilities located within this portion of the easement.
The City Council further determines that the provisions of Government Code § 65402 concerning the administration of the general plan over streets, highways, and public service easements, does not apply to this abandonment as it is a project of a minor nature impacting the alignment of the trail and public access and use of the trail are not being impacted.
From and after the date this resolution is recorded, this portion of the Mill Creek Trail public service easement is vacated and abandoned.
Pursuant to Government Code § 66477.5(c) when a local agency that has been dedicated property for a public purpose has determined that same public purpose for which dedication was required does not exist, then the public agency shall reconvey the property to the developer or successor in interest. Under these requirements since this portion of the Mill Creek Trail, that was dedicated to the City of Visalia, has been determined to no longer be necessary for municipal purposes the City Manager is directed to sign a deed reconveying any interest held by the City over that portion of the trail being vacated by this resolution to the adjacent property owner as the successor in interest. All other portions of the Mill Creek Trail shall remain property of the City of Visalia and remain in use for municipal purposes.
PASSED AND ADOPTED: ___________, 2025 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 2025-61 passed and adopted by the Council of the City of Visalia at a regular meeting held on Month __, 2025.
Dated: Leslie B. Caviglia , CITY CLERK
By Reyna Rivera, Chief Deputy City Clerk