Loading...
HomeMy WebLinkAboutAgenda Report - June 1, 2005 E-08AGENDA ITEM E108 Oak CITY OF LODI COUNCIL COMMUNICATION M AGENDA TITLE: Adopt Resolution of Vacation to Abandon 10 -foot Public Utility Easement at 416 South Sacramento Street MEETING DATE: June 1,2005 PREPARED BY: Public Works Director RECOMMENDED ACTION: That the City Council adopt a Resolution of Vacation abandoning a 10 -foot public utility easement located at 416 South Sacramento Street. BACKGROUND INFORMATION: A 10 -foot public utility easement was dedicated by deed on February 10, 1977, in Book 4225 of Official Records, Page 947, San Joaquin County Records, adjacent to the common lot line between Lot 15 and Lot 16 shown on the map entitled "Larson's Addition to Lodi". The location of the existing easement is shown on ExhibitA. Due to subsequent parcel splits which changed the property line locations, the 10 -foot easement is no longer adjacent to a property line. In addition, the current property owners have a parcel map in process and the location of the existing easement will impede the development of one of the proposed parcels. The property owners have requested abandonment of the existing 10 -foot easement to allow development of the new parcel and will dedicate a new public utility easement along a proposed property line in conformance with City requirements. The City of Lodi Electrical, Water/Wastewater and Street Divisions, SBC Pacific Bell, PG&E and Comcast have been contacted, and no utilities or other facilities were found to exist within the 10 -foot easement. All agencies contacted have approved the abandonment without further comment or conditions. Under Section 8333 of the Streets and Highways Code, a local agency may summarily vacate an easement if "the easement has not been used for the purpose for which it was dedicated or acquired for five consecutive years immediately preceding the proposed vacation". The Public Works Department recommends that the City Council adopt a Resolution of Vacation abandoning the 10 -foot public utility easementwithout referral to the Planning Commission or the normal posting, publishing and public hearing. FISCAL IMPACT: None. FUNDING AVAILABLE: Not applicable. Richard C. Prima. Jr. Public Works Director Prepared by Jeannie Matsumoto. Senior Eng ineeringTechnician RCPIJHMIpmt Attachment cc: Dillon & Murphy Engineering APPROVED: Blair King, City Manager J1VACATION1CAbandon4l6SSacramento5t doc 511812005 U.P.R.R. COMPANY VICINITY MAP NOT TO SCALE 0 a 'BASS OF BEARINGS' g N 04'14'15' E 1075.95' (RI) (N) 1076.00' (R2) FO. IRON ROD N 04ry4'15' E 741.63' (u) (IRO A (0.21Y k N 04'14.15' E 257.61' N 04.14.15' E 484.02' —1 i 144.6]' 16& i +3 I 00' t) I 't 16¢. I I xa I 93.W x5 t ,, to rII t_ t5 I I6& .0 -. D � is PARS 1 RCEL2I 4 En o.sx: Ac. a 60: AC ; pl, 1C P.U.E. 0P PRC ; 0.60: AC. ; o.Ry^ry PA o w N 4225 O.R. 947 O SO BE BANOONED N ll P N a N „ � f*7 —I 8 P.M. 11-179 .. BAEE ;I ED n M.&P. 2-10 �1 BE NpQ lE0 z z 6O• R = Z Z I.N. 01079307 AB! z 10' I I4 .67• I I 1 I I I I N 04'16'00' E 25&1S N 04'16'00' E 484.77 CNIS.ED P.U.E. pFyIW110N F0. CKS.ED *� N 04.16'00' E 742.87' (u) n (R" SACRAMENTO STREETI -1 + l P.M. 1�-118 1 1 F 50' R/W VICINITY MAP NOT TO SCALE 0 When Recorded, Please Return to: Lodi City Clerk P. O. Box 3006 Lodi, CA 95241-1910 RESOLUTION NO. 2005-106 A RESOLUTION OF THE LODI CITY COUNCIL SUMMARILY VACATING AND ABANDONING A TEN -FOOT PUBLIC UTILITY EASEMENTAT 416 SOUTH SACRAMENTO STREET ------------ WHEREAS, a ten -foot public utility easement at 416 South Sacramento Street, shown on Exhibit attached hereto and incorporated herein, was dedicated by deed on February 10, 1977, Book 4225 of Official Records, Page 947, San Joaquin County Records, adjacent to the common lot line between Lot 15 and Lot 16 shown on the map entitled "Larson's Addition to Lodi"; and WHEREAS, due to subsequent parcel splits, which changed the property line locations, the ten -foot easement is no longer adjacent to a property line. The current properly owners have a parcel map in process and the location of the existing easement will impede the development of one of the proposed parcels; and WHEREAS, the current property owners are requesting abandonment of the existing ten -foot easement to allow development of the new parcel and will dedicate a new public utility easement along a proposed property line in conformance with City requirements; and WHEREAS, pursuant to California Streets and Highways Code Section 8333, an easement may be summarily vacated if it has not been used for the purpose for which it was dedicated or acquired for five consecutive years immediately preceding the proposed vacation; and WHEREAS, no public utilities or other facilities were found to exist within the ten -foot easement desired to be vacated. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lodi finds and declares as follows: 1. The above recitals are true and correct. 2. The proposed vacation of the easement has not been used for the purpose for which it was dedicated or acquired for five consecutive years immediately preceding the proposed vacation, and, in accordance with California Government Code Section 65402(a), the City Council of the City of Lodi hereby provides that Government Code Section 65402(a) does not apply to this vacation. 3. That a ten -foot Public Utility Easement at 416 South Sacramento Street, shown on Exhibit A attached hereto and incorporated herein, is hereby summarily vacated as of the date of recordation of this Resolution and from and after that date no longer constitutes a public utility easement. 4. The vacation is made pursuant to Chapter 4, Part 3, of the Streets and Highways Code of the State of California. 5. The property owners will dedicate a new public utility easement along a proposed property line in conformance with City requirements; and 6. The City Clerk is hereby authorized and instructed to record this Resolution pursuant to Streets and Highways Code Section 8336 without referral to the Planning Commission or the normal posting, publishing, and public hearing. Dated: June 1, 2005 hereby certify that Resolution No. 2005-106 was passed and adopted by the City Council of the City of Lodi in a regular meeting held June 1, 2005, by the following vote: AYES: COUNCIL MEMBERS— Hansen, Hitchcock, Johnson, Mounce, and Mayor Beckman NOES: COUNCIL MEMBERS— None ABSENT: COUNCIL MEMBERS— None ABSTAIN: COUNCIL MEMBERS— None SUSAN J. BLAC TON City Clerk 2005-106 V M r 35'29' W t56.27' '^ o r l u EEb v � uCi n nQ� N ar3wzr M 156.4v 4 1338LS AY 41 � H � Ictol dQ X LID CITY COUNCIL JOHN BECKMAN, Mayor SUSAN HITCHCOCK Mayor Pro Tempore LARRY D. HANSEN BOBJOHNSON JOANNE L. MOUNCE CITY OF LODI PUBLIC WORKS DEPARTMENT CITY HALL, 221 WEST PINE STREET P.O. BOX 3006 LODI. CALIFORNIA 95241-1910 (209) 333-6706 FAX (209) 333-6710 EMAIL pwdept@lodi.gov http:k\www.lodi.gov May 27,2005 Dillon & Murphy Engineering P.O. Box 2180 Lodi. CA 95241-2180 BLAIR KING City Manager SUSAN J. BLACKSTON City Clerk 0. STEVEN SCHWABAUER City Attorney RICHARD C. PRIMA, JR. Public Works Director SUBJECT: Adopt Resolution of Vacation to Abandon 10 -Foot Public Utility Easement at 416 South Sacramento Street Enclosed is a copy of background information on an item on the City Council agenda of Wednesday, June 1, 2005. The meeting will be held at 7 p.m. in the City Council Chamber, Carnegie Forum, 305 West Pine Street. This item is on the consent calendar and is usually not discussed unless a Council Member requests discussion. The public is given an opportunity to address items on the consent calendar at the appropriate time. If you wish to write to the City Council, please address your letter to City Council, City of Lodi. P. O. Box 3006, Lodi. California, 95241-1910. Be sure to allow time for the mail. Or, you may hand -deliver the letter to City Hall, 221 West Pine Street. If you wish to address the Council at the Council Meeting, be sure to fill out a speaker's card (available at the Carnegie Forum immediately prior to the start of the meeting) and give it to the City Clerk. If you have any questions about communicating with the Council, please contact Susan Blackston. City Clerk, at 333-6702. If you have any questions about the item itself, please call Jeannie Matsumoto, Senior Engineering Technician, at 333-6800, extension 2661. Richard C. Prima, Jr. Y Public Works Director RCP/pmf Enclosure cc: City Clerk NCABANDON416SSACRAMENTOSTDOC DECLARATION OF MAILING TRANSMITTAL LETTERAND RESOLUTION SUMMARILY VACATING AND ABANDONING A TEN -FOOT PUBLIC UTILITY EASEMENTAT 416 SOUTH SACRAMENTO STREET On June 2, 2005, 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 transmittal letter and resolution summarily vacating and abandoning a ten -foot public utility easement at 416 S. Sacramento 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 perjurythat the foregoing is true and correct. Executed on June 2, 2005, at Lodi, California. ORDERED BY: JACQUELINE L. TAYLOR DEPUTY CITY CLERK KAKI J. CHADWICK ADMINISTRATIVE CLERK Forms/decmail.doc ORDERED BY: SUSAN BLACKSTON CITY CLERK, CITY OF LODI JI&NIFER PERRIN DEPUTY ClYY CLERK CITY COUNCIL JOHN BECKMAN, Mayor SUSAN HITCHCOCK, Mayor Pro Tempore LARRY D.HANSEN BOBJOHNSON JOANNE MOUNCE CITY OF LODI TO: Interested Parties CITY HALL, 221 WEST PINE STREET P.O. BOX 3006 LODI, CALIFORNIA 95241-1910 (209)333-6702 FAX (209) 333-6807 cityclrk@ Iodi.gov June 2.2005 EXHIBIT Al BLAIR KING, City Manager SUSAN BLACKSTON City Clerk D. STEPHEN SCHWABAUER City Attorney VACATION: TO SUMMARILY VACATE AND ABANDON A TEN -FOOT PUBLIC UTILITY EASEMENT AT 416 SOUTH SACRAMENTO STREET This is to inform you that the City Council, at its regular meeting on June 1, 2005, considered the above matter and declared the area summarily vacated and abandoned. Enclosed for your information is a certified copy of the resolution along with a map of the abandoned area. Should you have questions regarding the abandonment, please contact the Public Works Department at (209) 333-6706. 7;ula'n J. �Iac ,.+ City Clerk SJB/jmp Enclosure cc: Public Works Department vacation/cmesp/LRes Vacation2.doc When Recorded, Please Return to: Lodi City Clerk P. O. Box 3006 Lodi. CA 95241-1910 RESOLUTION NO. 2005-106 A RESOLUTION OF THE LODI CITY COUNCIL SUMMARILY VACATING AND ABANDONING A TEN -FOOT PUBLIC UTILITY EASEMENTAT 416 SOUTH SACRAMENTO STREET WHEREAS, a ten -foot public utility easement at 416 South Sacramento Street, shown on Exhibit attached hereto and incorporated herein, was dedicated by deed on February 10, 1977, Book 4225 of Official Records, Page 947, San Joaquin County Records, adjacent to the common lot line between Lot 15 and Lot 16 shown on the map entitled "Larson's Addition to Lodi'; and WHEREAS, due to subsequent parcel splits, which changed the property line locations, the ten -foot easement is no longer adjacent to a property line. The current property owners have a parcel map in process and the location of the existing easement will impede the development of one of the proposed parcels: and WHEREAS, the current property owners are requesting abandonment of the existing ten -foot easement to allow development of the new parcel and will dedicate a new public utility easement along a proposed property line in conformance with City requirements: and WHEREAS, pursuant to California Streets and Highways Code Section 8333, an easement may be summarily vacated if it has not been used for the purpose for which it was dedicated or acquired for five consecutive years immediately preceding the proposed vacation; and WHEREAS, no public utilities or other facilities were found to exist within the ten -foot easement desired to be vacated. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lodi finds and declares as follows: 1. The above recitals are true and correct. 2. The proposed vacation of the easement has not been used for the purpose for which it was dedicated or acquired for five consecutive years immediately preceding the proposed vacation, and, in accordance with California Government Code Section 65402(a), the City Council of the City of Lodi hereby provides that Government Code Section 65402(a) does not apply to this vacation. 3. That a ten -foot Public Utility Easement at 416 South Sacramento Street, shown on Exhibit A attached hereto and incorporated herein, is hereby summarily vacated as of the date of recordation of this Resolution and from and after that date no longer constitutes a public utility easement. 4. The vacation is made pursuant to Chapter 4, Part 3, of the Streets and Highways Code of the State of California. 5. The property owners will dedicate a new public utility easement along a proposed property line in conformance with City requirements; and 6. The City Clerk is hereby authorized and instructed to record this Resolution pursuant to Streets and Highways Code Section 8336 without referral to the Planning Commission or the normal posting, publishing, and public hearing. Dated: June 1,2005 hereby certify that Resolution No. 2005-106 was passed and adopted by the City Council of the City of Lodi in a regular meeting held June 1, 2005, by the following vote: AYES: COUNCIL MEMBERS — Hansen, Hitchcock, Johnson, Mounce, and Mayor Beckman NOES: COUNCIL MEMBERS— None ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS— None SUSAN J. SLAC TON City Clerk 2005-106 CITY OF LODI PUBLIC WORKS DEPARTMENT EXHIBIT A -2- 1 VACATION/ ABANDONMENT 1EXHIBIT B MAILING LIST RESOLUTION OF INTENTION Settin Public Hearing) Certified copy w/cover letter to PG&E 12 W. Pine Street Lodi, CA 95240 AT&T 6505 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 w/cover 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 vacationl nisclmailist.doc BABCOCK HOWARD H &JOYCE BONITA RICHARDA CAMPER GLENN E TR ETAL 9W CHESTNUT ST 420 S SCHOOL ST 211 S CRESCENT AVE LODI CA 95240 LODI CA 95240 LODI CA 95240 1f111111111111111111111111111111 II111 11111,1111 11IIIlllllli 11111 111 III11111111111111111111111111 CARESIO MARY LIFE EST 432 S SCHOOL ST LODI CA 95240 111111111111111111111111111111t1 CORRALEZ TOMAS V & MARY L 300 CYPRESS ST LODI CA 95240 111111111111 1111 t1 11111111111111 DOTY EDGAR W & S TRS 7180 REALTY RD LODI CA 95240 iiiiiitlilltiltlllitlllllllllill IBRAHIM HANIEH TR 120 VINEYARD DR LODI CA 95240 1f111111 11111111111[111111111111 MCCARTY JAMES & MARY TR PO BOX 2641 LODI CA 95241 Iliitltltltltliiiiiiiilllllilill RAM I REZ ROSA T ETAL 400 S SCHOOL ST LODI CA 95240 11111111111[111111111111 1111[111 CARRILLO ABEL & ARACELI 13216 N STOCKTON ST LODI CA 95240 11111111111111111111111111111111 ETAL COMPORATO ANGELINA 1301 S CHURCH ST LODI CA 95240 111111111111111111till 1111111111 DEL RIO SANTIAGO M & RAMONA 865 E OLIVE AVE LODI CA 95242 111111111111111111111111111111i1 GRIMES RONALD E & MAMIE L 1540 N SAN JOAQUIN STOCKTON CA 95204 1111111111111111111111111111 „ 11 JOHNSON RODERICK L TR ETAL 9094 SHADY HOLLOW WAY FAIR OAKS CA 95628 11111111111111111111111111111111 MULLER PHILLIP & CAROLS TR 1400 EDGEWOOD DR LODI CA 95240 11111111111111111111111111111111 REYNOLDS R & C ETAL 33 E TOKAY ST LODI CA 95240 11111111111111111111111111111111 DOMINGUEZ OSCAR& NINFA 319S SACRAMENTO ST LODI ]CA 95240 11111111111,11111111111111111111 HARR HULDA LIFE EST 1515 S CHEROKEE LN LODI CA 95240 IIIIIk11111111111111111111111111 LAVALLEE ANDRE R PO BOX 2183 LODI CA 95241 { 11111IIIt111111 11111111111111111 MUNRO JIM D & KAREN TR PO BOX 864 LODI{ CA 95241 11111111111 1111111[111 1111111111 SALVESTRIN MARIO &CARMEN 1930 INDIAN VALLEY RD NOVATO CA 94947 lliliiilttl1111iil1t111111111111 SAN JOAQUIN COUNTY SMART FRANK& JOY UNION PACIFIC RAILROAD CO 222 E WEBER AVE ROOM 12 10 CHESTNUTST 1416 DODGE ST ROOM 830 STOCKTON CA 95202 LODI CA 95240 OMAHA NE 68179 II1111lIJ1,lIJ1111111111111111 111111111111t111111111111111t111 f1111111111111111[till 1111111111 DECLARATION OF POSTING On June 9, 2005, in the City of Lodi, San Joaquin County, California, 1, Mark Chamberlain, Senior Engineering Technician of the City of Lodi, served a copy of the attached notice by posting a copy upon the premises at 416 South Sacramento Street, Lodi, California. I declare under penalty of perjury that the foregoing is true and correct. Executed on June 9, 2005, at Lodi, California. Signature DECPOST.DOC 611012005 IkVK4Z111'OX �II� JOHN BECKMAN, Mayor SUSAN HITCHCOCK. Mayor Pro Tempore LARRY a HANSE=N BOBJOHNSON JOANNE MOUNCE CITY OF LODI TO: Interested Parties CITY HALL, 221 WEST PINE STREET P.O. BOX 3006 LODI, CALIFORNIA 95241-1910 (209) 333-6702 FAX (209) 333-6807 cityclrk@lodi.gov June 2,2005 BLAIR KING, City Manager SUSAN J. BLACKSTON City Clerk D, STEPHEN SCHWABAUER City Attorney VACATION: TO SUMMARILY VACATE AND ABANDON A TEN -FOOT PUBLIC UTILITY EASEMENTAT 416 SOUTH SACRAMENTO STREET This is to inform you that the City Council, at its regular meeting on June 1, 2005, considered the above matter and declared the area summarily vacated and abandoned. Enclosed for your information is a certified copy of the resolution along with a map of the abandoned area. Should you have questions regarding the abandonment, please contact the Public Works Departmentat (209) 333-6706. Susan J. Blackston City Clerk SJBfjmp Enclosure cc: Public Works Department vacation/corresptiResVacation2.doc When Recorded, Please Return to: Lodi City Clerk P. O. Box 3006 Lodi, CA 95241-1910 RESOLUTION NO. 2005-106 A RESOLUTION OF THE LODI CITY COUNCIL SUMMARILY VACATING AND ABANDONING A TEN -FOOT PUBLIC UTILITY EASEMENTAT 416 SOUTH SACRAMENTO STREET WHEREAS, a ten -foot public utility easement at 416 South Sacramento Street, shown on Exhibit A attached hereto and incorporated herein, was dedicated by deed on February 10, 1977, Book 4225 of Official Records, Page 947, San Joaquin County Records, adjacent to the common lot line between Lot 15 and Lot 16 shown on the map entitled "Larson's Addition to Lodi'; and WHEREAS, due to subsequent parcel splits, which changed the property line locations, the ten -foot easement is no longer adjacent to a property line. The current property owners have a parcel map in process and the location of the existing easement will impede the development of one of the proposed parcels; and WHEREAS, the current property owners are requesting abandonment of the existing ten -foot easement to allow development of the new parcel and will dedicate a new public utility easement along a proposed property line in conformance with City requirements; and WHEREAS, pursuant to California Streets and Highways Code Section 8333, an easement may be summarily vacated if it has not been used for the purpose for which it was dedicated or acquired for five consecutive years immediately preceding the proposed vacation; and WHEREAS, no public utilities or other facilities were found to exist within the ten -foot easement desired to be vacated. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lodi finds and declares as follows: 1. The above recitals are true and correct. 2. The proposed vacation of the easement has not been used for the purpose for which it was dedicated or acquired for five consecutive years immediately preceding the proposed vacation, and, in accordance with California Government Code Section 65402(a), the City Council of the City of Lodi hereby provides that Government Code Section 65402(a) does not apply to this vacation. 3. That a ten -foot Public Utility Easement at 416 South Sacramento Street, shown on Exhibit A attached hereto and incorporated herein, is hereby summarily vacated as cf the date of recordation of this Resolution and from and after that date no longer constitutes a public utility easement. 4. The vacation is made pursuant to Chapter 4, Part 3, of the Streets and Highways Code of the State of California. 5. The property owners will dedicate a new public utility easement along a proposed property line in conformance with City requirements; and 6. The City Clerk is hereby authorized and instructed to record this Resolution pursuant to Streets and Highways Code Section 8336 without referral to the Planning Commission or the normal posting, publishing, and public hearing. Dated: June 1, 2005 I hereby certify that Resolution No. 2005-106 was passed and adopted by the City Council of the City of Lodi in a regular meeting held June 1, 2005, by the following vote: AYES: COUNCIL MEMBERS— Hansen, Hitchcock, Johnson, Mounce, and Mayor Beckman NOES: COUNCIL MEMBERS— None ABSENT: COUNCIL MEMBERS— None ABSTAIN: COUNCIL MEMBERS— None `rhe rorego6rig dmument iscurt ifled to ben comct copy of the originnl an file in the City Clerk'sOffice. Jennifer M. Perrin Deputy City Clerk, City of Lodi By: Dated a Dj 2005-106 i�f1' SUSAN J. BLACICSTON City Clerk EXHIBIT CITY OF LODI gBBUG WOR"DEPARTMENT