I. RECOMMENDATION:
It is staff's recommendation that the Council approve Resolution No. 3925 to vacate to vacate the property located at Monroe Street Located just North of Heck Park to a public Alley.
Attached is a Resolution of Approval to Vacate a Public Right of Way.
II. BACKGROUND:
The City of Coalinga Police Department has been receiving numerous complaints from the neighborhood about a Public Nuisance being created by the use of this 5 foot wide Public Sidewalk Easement. The complaints have ranged from graffiti, drugs and vandalism being experienced in the immediate area of this easement.
On October 10, 2019 the City Council adopted Resolution No. 3454 "FOR THE INTENTION TO VACATE A PUBLIC RIGHT OF WAY AND SETTING DATE OF PUBLIC HEARING".
Resolution No. 3454 set November 7, 2019 as the date for the Public Hearing to consider the vacation of said easement. On (October 16, 2019) the Public Hearing Notice describing the easement to be vacated was published in the Coalinga Press on October 23, 2019 and October 30, 2019.
The Public Hearing was physically posted at the location in accordance with the Streets and Highways Code on October 16, 2019.
The City Council adopted Resolution No. 3454 on October 10, 2019 and determined that the sidewalk easement was no longer needed as a public right-of-way.
III. DISCUSSION:
The existing 5-foot-wide public sidewalk easement provides access from Monroe Street located just north of Keck Park to a public alley. The 5-foot-wide Public Sidewalk Easement is a concrete sidewalk path lined by fencing on both sides. Said easement contains approximately 750 square feet. Staff recommends that the City of Coalinga vacate the easement whereupon the underlying fee of said land will revert to the Faith Christian School property and become the maintenance responsibility of the parcel owner.
The City Council has the authority under Division 9, Part 3, Chapter 4 of the Streets and Highway Code to vacate a Public Right-of-Way that has been determined after conducting a Public Hearing to be "Excess Right-of-Way".
After conducting the Public Hearing, the City Council may vacate the excess Right-of-Way to the property that had deeded the Right-of-Way to the City for the purpose of a public street, pursuant to the Streets and Highway Code Section 8834(a).
IV. ALTERNATIVES:
The Council may choose not to vacate the right of way and retain it as City of Coalinga property.
V. FISCAL IMPACT:
None |