I. RECOMMENDATION:
It is staff's recommendation that the Council approve Resolution No. 4106 to vacate the 2-foot public street easement property located at 840 Chianti Circle public street Right-of-Way.
Attached is a Resolution of Approval to Vacate a Public Right of Way.
II. BACKGROUND:
The property owner’s Tyler Oxborrow and Mackenzie Oxborrow have constructed a solid cmu block wall at the back of the existing public sidewalk with the intent of incorporating the 2-feet of unimproved dirt area between the original wood fence and sidewalk along the property side yard into the back yard landscaping. The City of Coalinga does not need the unimproved 2-foot dirt for public street purposes and recommends the City of Coalinga vacate the street easement.
On July 7, 2022 the City Council adopted Resolution No. 4103 "FOR THE INTENTION TO VACATE A PUBLIC RIGHT OF WAY AND SETTING DATE OF PUBLIC HEARING".
Resolution No. 4103 set August 4, 2022, as the date for the Public Hearing to consider the vacation of said easement. On (July 13, 2022) the Public Hearing Notice describing the easement to be vacated was published in the Coalinga Press on July 13, 2022, and July 20, 2022.
The Public Hearing was physically posted at the location in accordance with the Streets and Highways Code on July 21, 2022.
The City Council adopted Resolution No. 4103 on July 7, 2022, and determined that the 2-foot-wide street easement was no longer needed as a public right-of-way.
III. DISCUSSION:
The existing 2-foot-wide public street easement is part of a total 54-foot-wide public street easement Chianti Circle dedicated with Tract No. 5451 Warthan Meadows subdivision. Said easement contains approximately 185 square feet. Staff recommends that the City of Coalinga vacate the easement whereupon the underlying fee of said land will revert to the 840 Chianti Circle 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 determined at this time. The applicant has paid for costs associated with vacating the right-of-way. |