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Home My WebLink AboutAgenda Report - September 15, 2004 E-17 PHAGENDA ITEM Coo 11 CITY OF LODI COUNCIL COMMUNICATION TM AGENDA TITLE: Adopt Resolution of Intention to Abandon a Portion of Maxwell Street; Refer the Matter to Planning Commission; and Set Public Hearing for November 3, 2004 MEETING DATE: September 15, 2004 PREPARED BY: Public Works Director RECOMMENDED ACTION: That the City Council adopt a Resolution of Intention to consider abandonment of a portion of Maxwell Street, as shown on Exhibit A; refer the matter to the Planning Commission for approval; and set a public hearing for the regular Council meeting of November 3, 2004. BACKGROUND INFORMATION: On May 19, 1977, Maxwell Street was dedicated as a public street with the "A.B.T. Industrial Park" development. The street was 190 feet long, with a cul-de-sac bulb at the west terminus. Subsequently, on April 19, 1979, a parcel map was filed that dedicated public street right-of-way for Ackerman Drive, a north -south 60 -foot wide street that intersected the Maxwell Street cul-de-sac and created a surplus of public right-of-way, as shown on Exhibit A. The owner of the parcel at 1615 South Stockton Street, which is contiguous to the Maxwell and Ackerman Streets right-of-way, has requested that the 537 square feet of surplus right-of-way be abandoned. A public utility easement will be retained over the abandoned street easement. Existing SBC Pacific Bell overhead lines will remain. SBC Pacific Bell and PG&E have approved the abandonment on the condition an easement is maintained. City of Lodi Electric Utility and Public Works Departments have approved the street abandonment without comment. FUNDING: Not applicable. �_a4At2 Richard C. Prima, Jr. Public Works Director Prepared by Jeannie Matsumoto, Senior Engineering Technician RCP/JHWpmf Attachment cc: D. Stephen Schwabauer, City Attomey Rad Barflam, Community Development Director APPROVED: Jany S. Keet ,Interim City Manager CAbandon MaxwefiSt.doc 91312004 RESOLUTION NO. 2004-190 A RESOLUTION OF THE LODI CITY COUNCIL DECLARING ITS INTENTION TO ABANDON A PORTION OF MAXWELL STREET, REFERRING THE MATTER TO THE PLANNING COMMISSION, AND FURTHER SETTING A PUBLIC HEARING BE IT RESOLVED by the City Council of the City of Lodi as follows: It is the intention of the City Council of the City of Lodi, acting in accordance with the provisions of Section 830(1 et seq. of the Streets and Highways Code of the State of California, to vacate and abandon 537 feet of Maxwell Street located at 1615 South Stockton Street, Lodi, California, as recorded on May 19, 1977, in Book of Maps and Plats, Volume 22, Page 67, San Joaquin County Records, and as shown on Exhibit A attached hereto and thereby made a part hereof; and Pursuant to the requirements of Government Code Section 27288.1, the name of the owner of the title or interest in 1615 South Stockton Street, as it appeared at the time and in the document creating the interest, right, or encumbrance, is as follows: BRYON L. WEISZ, TRUSTEE, et al. BE IT FURTHER RESOLVED that a public utility easement will be retained over the abandoned street easement, and the existing SBC Pacific Bell overhead lines will remain. BE IT FURTHER RESOLVED that this matter shall be referred to the Planning Commission for approval; and BE IT FURTHER RESOLVED that this City Council does hereby fix Wednesday, November 3, 2004, at the hour of 7:00 p.m., In the City Council Chambers, Carnegie Forum, 305 West Pine Street, Lodi, California, as the time and place when and where all persons interested in or objecting to this proposed vacation may appear before this City Council and be heard; and BE IT FURTHER RESOLVED that the Public Works Director shall cause to be posted notices of abandonment conspicuously along the line of the portion of street hereinabove described and proposed to be abandoned in the manner, form, and for the length of time set forth in Section 8323 of the Streets and Highways Code of the State of California; and BE IT FURTHER RESOLVED that copies of this resolution shall be published for at least two successive weeks prior to November 3, 2004, in the "Lodi News -Sentinel," a daily newspaper of general circulation printed and published in the City of Lodi, County of San Joaquin. Dated: September 15, 2004 I hereby certify that Resolution No. 2004-190 was passed and adopted by the City Council of the City of Lodi in a regular meeting held September 15, 2004, by the following vote: AYES: COUNCIL MEMBERS - Beckman, Howard, Land, and Mayor Hansen NOES: COUNCIL MEMBERS — Hitchcock ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None SUSAN J. BLACKSTON City Clerk 2004-190 i r P5 AMC Cal z z z ♦ ti :L a d � � d i r P5 AMC Cal PROOF OF PUBLICATION (2015.5 C•C•C•PJ STAT$ OF CALIFORNIA County of San Joaquin I am a citizen of the United States and a resident of the County aforesaid: I ant over the age of eighteen years and not a party to or interested in the above entitled matter. I am the principal clerk of the printer of the Lodi News -Sentinel, a newspaper of general circulation, printed and published daily except Sundays and holidays, in the City of Lodi, California, County of San Joaquin and which newspaper had been adjudicated a newspaper of general circulation by the Superior Court, Department 3, of the County of San Joaquin, State of California, under the date of May 26th, 1953. Case Number 65990; that the notice of which the annexed is a printed copy (set in type not smaller than non-pareil) has been published in each regular and entire issue of said newspaper and not in any supplement thereto on the following dates to -wit: September 24th, October 1st .................................................................................. all in the year 2004• I certify (or declare) under the penalty of perjury that the foregoing is true and correct. Dated at Lodi, California, this 1st day of October, zo�............................... Signature PFUFKBlXLS This space is for the County Clerk's fling Stamp Proof of Publication of Notice of Public Hearing City of Lodi, Resolution No. 2004-190 Please immediately confirm receipt of this fax by calling 333-6702 CITY OF LODI P. O. BOX 3006 LODI, CALIFORNIA 95241-1910 ADVERTISING INSTRUCTIONS SUBJECT: RESOLUTION OF INTENTION TO ABANDON PORTION OF MAXWELL STREET (LOCATED AT 1615 SOUTH STOCKTON STREET) PUBLISH DATE: FRIDAY, SEPTEMBER 24, 2004 FRIDAY, OCTOBER 1, 2004 TEAR SHEETS WANTED: Three (3) please SEND AFFIDAVIT AND BILL TO: SUSAN BLACKSTON, CITY CLERK City of Lodi P.O. Box 3006 Lodi, CA 95241-1910 DATED: THURSDAY, SEPTEMBER 16, 2004 ORDERED BY: JACQUELINE L. TAYLOR, CMC DEPUTY CITY CLERK KARI J. CHADWICK ADMINISTRATIVE CLERK J NIFER . PERRIN, CMC DEPUTY CITY CLERK a► a'paE SEND, PROOF QFA VERT:ISEMEN,T THANK Y0fJ!1 Faxed to the Sentinel at 369-1084 at 3 " (time) on 14 a (date,)' —3' –(Iat�); LNSPhoned to confirm receipt of all Oages at(time) Jac Jen (initials) formsladvins.doc 4 DECLARATION OF POSTING RESOLUTION OF INTENTION TO ABANDON PORTION OF MAXWELL STREET (LOCATED AT 1615 S. STOCKTON STREET) On Thursday, September 16, 2004, in the City of Lodi, San Joaquin County, California, a Resolution of Intention to abandon portion of Maxwell Street (located at 1615 S. Stockton Street) (attached hereto, marked Exhibit "A"), was posted at the following four locations: Lodi Public Library Lodi City Clerk's Office Lodi City Hal! Lobby Lodi Carnegie Forum I declare under penalty of perjury that the foregoing is true and correct. Executed on September 16, 2004, at Lodi, California. Kari J. Chadwick Administrative Clerk formsWeTost.doc ORDERED BY: SUSAN J. BLACKSTON CITY CLERK Jacqueline L. Taylor, CMC Deputy City Clerk nifer M. Yerrin, CMC Deputy City Clerk DECLARATION OF MAILING COVER LETTER AND RESOLUTION OF INTENTION TO ABANDON PORTION OF MAXWELL STREET (LOCATED AT 1615 S. STOCKTON STREET) On September 16, 2004, in the City of Lodi, San Joaquin County, California, I deposited in the United States mail, envelopes with first-class postage prepaid thereon, containing a cover letter and Resolution of Intention to abandon portion of Maxwell Street (located at 1615 S. Stockton Street), marked Exhibit "A'; said envelopes were addressed as is more particularly shown on Exhibit "B" attached hereto. There is a regular daily communication by mail between the City of Lodi, California, and the places to which said envelopes were addressed. I declare under penalty of perjury that the foregoing is true and correct. Executed on September 16, 2004, at Lodi, California. ORDERED BY: JACQUELINE L. TAYLOR DEPUTY CITY CLERK KAKI J. CHADWICK ADMINISTRATIVE CLERK Fonms/decmailAm SUSAN BLACKSTON CITY CLERK, CITY OF LODI T J6kIFER PERRIN DEPUTY CITY CLERK CITY COUNCIL LARRY, Mayor CITY OF L O D I JOHN BECKMAN, Mayor Pro Tempore CITY HALL, 221 WEST PINE STREET SUSAN HITCHCOCK EMILY HOWARD P.O. BOX 3005 KEITH LAND. LODI, CALIFORNIA 95241-1 91 0 (209) 333-6702 FAX(209)333-6807 cityclrk*iodi.gov September 16, 2004 TO: Interested Parties JANET S. KEETER Interim City Manager SUSAN J. BLACKSTON City Clerk D. STEPHEN SCHWABAUER City Attorney EXHIBIT Al VACATION: TO ABANDON 537 FEET OF MAXWELL STREET, LOCATED AT 1615 SOUTH STOCKTON STREET This is to inform you that the City Council, at its regular meeting on September 15, 2004, adopted a Resolution of Intention to abandon 537 feet of Maxwell Street, located at 1615 South Stockton Street, and set a public hearing for November 3, 2004. Enclosed for your information is a certified copy of the resolution along with a map of the area to be abandoned. in addition, this matter has been referred to the Planning Commission and will be heard at its regular meeting of September 22, 2004. Please contact the Community Development Department at (209) 333-6711 if you have any questions. Should you have questions regarding the abandonment, please contact Public Works.Director Richard Prima at (209) 333-6706. Susan J. Blackston City Clerk SJEMMP Enclosure cc: Public Works Director Community Development Director matioN p/ou slatcnt MAW NOTICE OF PUBLIC HEARING RESOLUTION NO. 2004-190 A RESOLUTION OF THE LODI CITY COUNCIL DECLARING ITS INTENTION TO ABANDON A PORTION OF MAXWELL STREET, REFERRING THE MATTER TO THE PLANNING COMMISSION, AND FURTHER SETTING A PUBLIC HEARING BE IT RESOLVED by the City Council of the City of Lodi as follows: It is the intention of the City Council of the City of Lodi, acting in accordance with the provisions of Section 8300 at seq. of the Streets and Highways Code of the State of California, to vacate and abandon 537 feet of Maxwell Street located at 1615 South Stockton Street, Lodi, Califomia, as recorded on May 19, 1977; in Book of Maps and Plats, Volume 22, Page 67, San Joaquin County Records, and as shown on Exhibit A attached hereto and thereby made a part hereof; and Pursuant to the requirements of Government Code Section 27288.1, the name of the owner of the title or interest in 1615 South Stockton Street, as it appeared at the time and in the document creating the interest, right, or encumbrance, is as follows: BRYONL.W I TRUITCE, at al. 133E IT FURTHER RESOLVED that a public utility easement will be retained over the abandoned street easement, and the existing SBC Pacific Bell overhead lines will remain. BE IT FURTHER RESOLVED that this matter shall be referred to the Planning Commission for approval; and BE IT FURTHER RESOLVED that this City Council does hereby fix Wednesday, November 3, 2004, at the hour of 7:00 p.m., in the City Council Chambers, Carnegie Forum, 305 West Pine Strut, Lodi, Califomia, as the time and place when and where all persons interested in or objecting to this proposed vacation may appear before this City Council and be heard; and BE IT FURTHER RESOLVED that the Public Works Director shall cause to be posted notices of abandonment conspicuously along the line of the portion of street hereinabove described and proposed to be abandoned in the manner, form, and for the length of time set forth in Section 8323 of the Streets and Highways Code of the State of California; and BE IT FURTHER RESOLVED that copies of this resolution shall be published for at least two successive weeks prior to November 3, 2004, in the "Lodi News -Sentinel," a daily newspaper of general circulation printed and published in the City of Lodi, County of San Joaquin. Dated: September 15, 2004 I hereby certify that Resolution No. 2004-190 was passed and adopted by the City Council of the City of Lodi in a regular meeting held September 15, 2004, by the following vote: AYES: COUNCIL MEMBERS — Beckman, Howard, Land, and Mayor Hansen NOES: COUNCIL MEMBERS — Hitchcock ABSENT: COUNCIL MEMBERS — None The_1bnoingAQ'CUA#ATMrW to b PAAPL MEMBERS — None copy of the original on file in the City Clerk's Office. . Jennifer M. Perrin SUSAN J. BLACKSTON Deputy City Clerk, City of Lodi City Clerk sy. 2004-190 Dated: I �b� o tea► � x zW P- _ 0 C C ..^�. "!t N011170ii 7 �J 7 '7n1'r A s "l 1� � *ti 0 o d .� I'M o tea► � x zW P- _ 0 C C ..^�. "!t N011170ii 7 �J 7 '7n1'r A VACATION 1 ABANDONMENT EXHIBIT BI MAILING LIST RESOLUTION OF INTENTION (Settina Public Hearing) Certified copy w/cover letter to: PG&E 12 W. Pine Street Lodi, CA 95240 AT&T 6343 Tam O'Shanter Drive Stockton, CA 95210 Pacific Bell 44 W. Yokuts Avenue Stockton, CA 95207 Central Valley Waste Services P.O. Box 241001 Lodi, CA 95241-9501 Chief Deputy County Surveyor Attn: Joe Bussalacci 1810 E. Hazelton Avenue Stockton, CA 95205 Certified copies to: Jeannie Matsumoto, Public Works Wes Fujitani, Public Works Community Development Department Police Department Fire Department RESOLUTION OF VACATION After Public Hearing) Certified copy_wlcover letter: PG&E AT&T Pacific Bell Central Valley Waste Services Chief Deputy County Surveyor Jeannie Matsumoto, Public Works Wes Fujitani, Public Works Community Development Department Police Department Fire Department vacatioWmisc/mailist.doc WEISZ WAYNE & MICHELLE SCHIMKE ROBERT C TR ETAL LEEDY FOSTER 2700 WATT AVE RM 2305 1900 W LODI AVE PO BOX 1271 SACRAMENTO CA 95821 LODI CA 95242 LODI CA 95241 GAMBLIN K DOUGLAS & R V TR WELK PAUL JAMES & SANDRA K MARKLE RONNIE G & PATRICIA 3444 E JAHANT RD 15880 N CURRY AVE 513 CONNIE ST ACAMPO CA 95220 LODI CA 95240 LODI CA 95240 WEISZ BYRON L TR ETAL ROUPPET GARY E WEISZ WAYNE N TR ETAL 1615 S STOCKTON ST 1581 S STOCKTON ST 1615 S STOCKTON ST LODI CA 95240 LODI CA 95240 LODI CA 95240 VALENSIN RANDY G & LYNNE TONKS JEFFREY M & CATHY M STEPHENS ANDREW & MARGARET 1987 FM 113 NORTH 4908 SIR-EDWARDS CT 2328 WINTERGREEN CT WEATHERFORD TX 76088 FAIR OAKS CA 95628 LODI CA 95242 KB HOME NORTH BAY INC 611 ORANGE DR VACAVILLE CA 95687 MEMORANDUM (ID Office of the Lodi City Clerk TO: Community Development Director FROM: Susan J. Blackston7 City Clerk DATE: September 18, 2004 SUBJECT: A RESOLUTION OF THE LODI CITY COUNCIL, DECLARING ITS INTENTION TO ABANDON 537 FEET OF MAXWELL STREET, LOCATED AT 1615 SOUTH STOCKTON STREET Please be advised that the Lodi City Council, at its regular meeting of September 15, 2004, adopted a resolution declaring its intention to abandon 537 feet of Maxwell Street, located at 1815 South Stockton Street (attached). Further, the City Council referred the matter to the Planning Commission for its recommendation and set the matter for a Public Hearing before the Lodi City Council on November 3, 2004. SJB/JMP Attachment cc w/o enc: Public Works Department vamd , i - 11 owpoinwomdoc MEMORANDUM Ofitce of the Lalli City Clerk TO: Public Works Director FROM: Susan J. Biackstow: City Clerk DATE: September 16, 2004 SUBJECT: RESOLUTION OF INTENTION TO ABANDON 537 FEET OF MAXWELL STREET, LOCATED AT 1615 SOUTH STOCKTON STREET, LODI Please be advised that the City Council, at its meeting of September 15, 2004, adopted the attached resolution declaring its intention to abandon 537 feet of Maxwell Street, located at 1615 South Stockton Street, and set the matter for public hearing on November 3, 2004. Pursuant to law, the Public Works Department is required to post at least three copies of the subject resolution and map in the area to be abandoned at least 15 days prior to the Public Hearing. Upon completion of the posting, please forward a copy of the Affidavit of Posting to me for our records. Please contact me should you have any questions. sJBIJMP Attachment vacationkm sphkposting.doc