Report Prepared by: Julie Nelson, Senior Planner, Development Services
Title
SUBJECT: Public Hearing and Adoption of Resolution to Vacate a 32-Foot-Wide Strip of Right-of-Way, Containing Approximately 19,628.69 Square Feet, Generally Located Approximately 362 Feet North of Yosemite Avenue Between Mansionette Drive and Sandpiper Avenue (Extended)(Vacation #21-02)
REPORT IN BRIEF
Considers approving a Resolution to order the vacation of a 32-foot-wide portion of roadway, containing approximately 19,628.69 square feet of land, generally located approximately 362 feet north of Yosemite Avenue, between Mansionette Drive and Sandpiper Avenue (extended).
RECOMMENDATION
City Council - Adopt a motion adopting Resolution 2021-46, a Resolution of the City Council of the City of Merced, California ordering the vacation of 32-foot-wide strip of right-of-way, containing approximately 19,628.69 square feet, generally located approximately 362 feet north of Yosemite Avenue, between Mansionette Drive and Sandpiper Avenue (extended) (Vacation #21-02).
Body
ALTERNATIVES
1. Approve, as recommended by staff; or,
2. Deny the request; or,
3. Approve, subject to modifications as conditioned by Council; or,
4. Refer back to staff for reconsideration of specific items (specific items to be addressed in City Council motion); or,
5. Continue to a future City Council meeting (date and time to be specified in City Council motion).
AUTHORITY
Government Code Section 66477.5 (c) specifies the procedures for vacating land previously dedicated for public use, such as for parks and other public facilities. The City of Merced Administrative Policies and Procedures No. A-6 provides direction to staff for processing vacation requests, and City Council Resolution No. 86-90 establishes a policy concerning costs associated with the vacation.
DISCUSSION
The proposed vacation is a request to vacate/abandon a 32-foot-wide strip of right-of-way located approximately 362 feet north of Yosemite Avenue between Mansionette Drive and Sandpiper Avenue (extended) (Attachment 1). This right-of-way was previously dedicated to the City for roadway purposes to allow the construction of an east/west road to connect Mansionette Drive and Sandpiper Avenue (extended). The east/west street was to be constructed as part of the police station that was once proposed on the parcel to the south of the right-of-way (refer to the location map at Attachment 1).
When the City Council determined the police station would not be located on this parcel, the land was subsequently sold to Valley Children’s Hospital. Through the development process for Valley Children’s Hospital, it has been determined that the east/west road is no longer needed.
The original dedication for the road was 64 feet wide and came from two different properties (Parcels A and B as shown on the map at Attachment 1). The proposed vacation would vacate the northern 32 feet of right-of-of-way (Attachment 2). This right-of-way was dedicated by the Wathens from Parcel B as shown on the location map at Attachment 1. The southern 32 feet was dedicated from Parcel A (currently owned by Valley Children’s Hospital) as shown on the location map at Attachment 1. This right-of-way was previously vacated by the City Council on March 1, 2021. When property is vacated, it returns to the owner or parcel from which it was dedicated. In this case the northern 32 feet will be returned to the Wathens. It is anticipated that the vacated right-of-way will be combined with the Valley Children’s site to increase the overall size of their parcel.
Staff is requesting the City Council adopt the Resolution at Attachment 3 ordering the vacation of the 32-foot-wide strip of right-of-way.
IMPACT ON CITY RESOURCES
There would be no impact on City resources from this request.
ATTACHMENTS
1. Location Map
2. Proposed Vacation/Abandonment Area
3. Draft City Council Resolution
4. Presentation