Street Vacation Question

[Anthony Maffia]

What will the client do with former street area? Is a title company involved?

I've seen where a title company would issue a new title report that includes a vacated street as an additional parcel, and shows the owner in the report. $500.

Or perhaps a LLA or parcel merger, which would get a new legal into the record.

But a title search will have to be performed to check there are no gaps in title to the street, e.g. a deed 40 years ago "excepting Main Street."

[Ben Lund]

Careful, street vacations often leave behind easements for road, utility, access, etc. purposes.

[E_Page]

Agree with Ben. First ensure that no interest was either retained or transferred to another public or quasi-public entity.

If no such interest was retained or transferred, fence it, put up signs, get guard dogs, a moat with crocodiles, land mines...

OK, maybe a fence or other indication of occupation will suffice.

[Brian Christensen]

I would advise the client, after a full title search, to survey the abandonment and file ROS. Then re-describe resultant parcel and record doc. Without aforementioned survey and resultant doc filed, the abandoned street or alley portion of the parcel would would probably not be insurable.

I don't think an LLA would be necessary, at least I've never seen it done in Po-Dunk Siskiyou County for something like this. I seriously doubt a city ordinance exists for such a situation. What would Gurdon Wattles do?

And then of course, gaurd dogs, moat, alligators, constantine wire, etc. wouldn't hurt!

[dmi]

The vacation process only relates to the public interest. It is highly likely that the vacation will be subject to rights of the utility companies, etc. So a local agency cannot give up PG&E easrment right for example, but if you are lucky then no utilites will need easments to be retained on their behalf by the vacation process. You will need to find out the extent of any easments that are to remain inplace after the vaction. it is important to note that there may be PRIVATE EASEMENT RIGHTS. After the local agency has completed the vacation of the public's rights, holders of private rights have up to 2 years to assert those rights. Check the Streets and highways code section relating to vacations, for the exact details of the process.

[JoeC]

Ask your client "be careful what you wish for, you might be getting more then you want", without knowing more about what was actually vacated it's hard to say. I would ask the Government Agency for help - what was their intentions. Heck, your client may not have any title interest to the vacated land anyways - depending how it was created.

Then ask your client do you really want it? It may have numerous easements, contaminated soil, and they will be paying more property taxes.
The bonus would be it might push them over on acres in order to create another lot in the future.

Just something to think about.

[Warren Smith]

Actually, during the next map update, the Assessor should modify the underlying lot(s) dimensions to reflect the new taxable land.
Typically, if the mappers can't figure out underlying ownership, they will call the local agency to help with that determination - at least down here ...

Warren

[PLS8284]

I am assuming that this parcel was not created by a subdivision?

The adjoiner is not always entitled to that portion of a relinquishment simply because they are the adjoiner.

Also, is the street in a curve or tangent? That actually has a bearing on who would get what, as the rules for being perpindicular to the centerline of the roadway come into play.

Regarding the prior rights of any utility companies, those are only easements, and could be by franchise rights (not documented). Whether or not the client would own the remainder of the vacation in fee is possibly a moot point as they would be encumbered by the restraints of any rights by the utility company easements, as was stated earlier. But your client could try to negotiate with the utilities in order to either relocate (at the clients cost) or change restrictions of the agreement (perhaps to allow a lawn, play area etc. while still allowing access) since the fee ownership has now been changed.