RESOLUTION NO. 2026 - 70
RESOLUTION ORDERING THE
SUMMARY VACATION AND ABANDONMENT
OF A PORTION OF DOUGLAS AVENUE RIGHT OF WAY
WHEREAS, The City of Visalia, State of California, owns Douglas Avenue adjacent to Parcel 1 of Parcel Map 127, recorded in Book 2 of Parcel Maps, at Page 27, Tulare County Records, that has been determined to be excess right-of-way of a street or highway not required for street or highway purposes; and WHEREAS, The City of Visalia, State of California, owns Douglas Avenue adjacent to Parcel 1 of Parcel Map 127, recorded in Book 2 of Parcel Maps, at Page 27, Tulare County Records, a diagram showing the area to be vacated is attached hereto as Exhibit "A" and there are no public utility facilities that are in use in; and WHEREAS, The City Council of the City of Visalia may vacate all or part of a street, highway, or public service easement pursuant to the Public Streets, Highways, and Service Easements Vacation Law (State of California Streets & Highways Code, § 8300 et seq.); and WHEREAS, the summary vacation proceedings are to be conducted pursuant to the provisions in § 8330 – 8336, Chapter 4 of Part 3, Division 9, entitled “Summary Vacation,” of the State of California Streets & Highways Code; and WHEREAS, the summary vacation requirement has been met, pursuant to §8334(a) of the California Streets & Highways Code it has been determined that the portion of the right of way, is not required for street or highway purposes, that it is in excess of what is required, and in fact for a period of at least thirty years this excess right of way has conflicted with an existing privately owned structure; and WHEREAS, that the provisions of Government Code section 65402 concerning administration of the general plan or general plan elements do not apply to this abandonment as it is an alignment project of a minor nature that does not impact the usage of the existing street, curb, gutter, sidewalk, or public utilities; and WHEREAS, the area being vacated is being maintained by the adjacent property owner, with a portion of the area being covered by a building that has been in place for at least thirty years and the area is not needed for the fully built street.
NOW THEREFORE, BE IT RESOLVED AS FOLLOWS:
The Council of the City of Visalia hereby orders the summary vacation and abandonment of a portion of Douglas Avenue adjacent to Parcel 1 of Parcel Map 127 as legally described in Exhibit "A" and shown on Exhibit “B”.
A public hearing is not required, and the use of a summary proceeding is allowed for the vacation of these public service easements by having met at least one of the following cases described in California Streets and Highways Code Section 8334(a):
An excess right-of-way of a street or highway not required for street or highway purposes.
From and after the date this resolution is recorded, this designated area is vacated and no longer constitutes a street or highway.
The City Manager is authorized to convey by deed any interest held by the City in the vacated right of way to the adjacent owner.
PASSED AND ADOPTED: October 5, 2026 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 2026-70 passed and adopted by the Council of the City of Visalia at a regular meeting held on October 5, 2026.
Dated: Leslie B. Caviglia , CITY CLERK
By Reyna Rivera, Chief Deputy City Clerk