Report Prepared by: Julie Nelson, Senior Planner, Development Services Department
Title
SUBJECT: Adoption of a Resolution Setting a Public Hearing for Monday, August 21, 2023, to Vacate a Portion of Right-of-Way on the South Side of Main Street Between R Street and T Street and Reserving an Easement for Public Improvements (Vacation #23-01 and #23-02)
REPORT IN BRIEF
Considers adopting a Resolution to set a public hearing for August 21, 2023, to vacate a portion of right-of-way on the south side of Main Street between R Street and T Street and reserving an easement for public improvements.
RECOMMENDATION
City Council - Adopt a motion adopting Resolution 2023-59, A Resolution of the City Council of The City of Merced, California, declaring its intention to vacate a portion of Right-of-Way on the south side of Main Street Between R Street and T Street and reserving an easement for public improvements (Vacation #23-01 and #23-02) and setting a time and place for a Public Hearing.
Body
ALTERNATIVES
1. Approve as recommended by staff; or,
2. Approve, subject to modifications by the City Council; or,
3. Deny; or,
4. Refer back to staff for reconsideration of specific items (specific items to be addressed in the motion); or,
5. Continue to a future meeting (date and time to be specified in 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.
CITY COUNCIL PRIORITIES
Not applicable.
DISCUSSION
The property owner of the property located at 1136, 1158, 1230, and 1240 West Main Street has requested the vacation of the City right-of-way on Main Street adjacent to their property (Attachment 1). Currently, there are parking stalls within the dedicated right-of-way. The owner wishes to use those parking stalls as part of their land and under their control, rather than being in the City’s right-of-way. This configuration was part of the redevelopment of this area when the Westgate Shopping Center was redeveloped. At that time, the City reserved extra right-of-way to widen Main Street.
The current request is being considered as two separate vacations due to the vacation area expanding across two separate parcels. Vacation #23-01 is for the vacation in front of 1136 to 1230 West Main Street and Vacation #23-02 is for the vacation in front of 1240 West Main Street (refer to the Location Map at Attachment 1 and the Overall Site Plan at Attachment 2). The Legal Description and Map for each Vacation is provided at Attachments #3 and #4.
The City Surveyor, Deputy City Manager, and Planning Staff reviewed the vacation request. The City Surveyor and Deputy City Manager originally considered entering into a right-of-way agreement for the area and preserving the City’s right-of-way. However, after further consideration and determining that Main Street would not be widened in that area, it was determined that vacating the right-of-way and reserving an easement for the City’s facilities (streetlights, utilities, sidewalks, etc.) was the better course of action.
Staff is requesting the City Council adopt the resolution at Attachment 5 setting the public hearing for Vacation #23-01 and #23-02 for Monday, August 21, 2023.
IMPACT ON CITY RESOURCES
There would be no impact on City resources as a result of this action.
ATTACHMENTS
1. Location Map
2. Overall Site Plan
3. Legal Description and Site Plan for Vacation #23-01
4. Legal Description and Site Plan for Vacation #23-02
5. Resolution 2023-59