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HomeMy WebLinkAboutAgenda Report - June 1, 2005 I-02 PHAGENDA ITEM 1'020 99% CITY OF LODI COUNCIL COMMUNICATION 4M1 AGENDA TITLE: Public Hearingto Consider Adopting Resolution to Abandon 5 -Foot Public Utility Easement at 2024 Kettleman Lane MEETING DATE: June 1,2005 PREPARED BY: Public Works Director RECOMMENDED ACTION: That the City Council conduct a public hearing to consider adopting a resolution to abandon a 5 -foot public utility easement located at 2024 Kettleman Lane, Assessor Parcel Number 058-160-91. BACKGROUND INFORMATION: In 1982, a 5 -foot public utility easement was dedicated over the west 5 feet of Lot 59 of "Lakeshore Village, Unit No. 1" in conjunction with the development of that subdivision, as shown on Exhibit A. The easement was needed for the installation of underground electrical utility lines. The current property owner has requested relocation of the electrical utility facilities and abandonment of the 5 -foot public utility easement to allow construction of the proposed 19 -lot "Mills Crossing" Phase II subdivision on the site. The City of Lodi Electric Utility Department has approved the abandonment of the 5 -foot public utility easement on condition that a new 6 -foot public utility easement be dedicated in conjunction with the proposed "Mills Crossing" Phase II subdivision. The property owner has agreed to this condition. The City of Lodi Water/Wastewater and Street Divisions, SBC, PG&E and Comcast have approved the public utility easement abandonment without further comment or conditions. FISCAL IMPACT: None FUNDING AVAILABLE: Not applicable. Richard C. Prima, Jr. PublicWorks Director Prepared by Jeannie Matsumoto, Senior Engineering Technician Attachment cc: Stephen Schwabauer, City Attorney APPROVED Blair King, City Manager J1VACATIONICPHVacate2024Kettleman doc 5/1612005 CITY OF LODI r- ExHMT A PUBLIC WORKS DEPARTMENT Lu 5' PUE I 1 TO BE ABANDONED z or 5g APN 058 160 91 J 44 S. MIL] z Z Q w J PLEASE RECORD AND RETURN TO: Susan J. Blackston, CV Clerk P.O. Box 3006 Lodi, CA 95241-1910 RESOLUTION NO. 2005-113 A RESOLUTION OF THE LODI CITY COUNCIL VACATING AND ABANDONING A PUBLIC UTILITY EASEMENT LOCATED AT 2024 KETTLEMAN LANE, LODI, CALIFORNIA (APN 058-160-91) WHEREAS, in 1982, an easement was dedicated for public purposes over the west five feet of Lot 59 of "Lakeshore Village, Unit No. 1," located at 2024 Kettleman Lane (APN 058-160-91), Lodi, more particularly described as follows: The West 5 feet of Lot 59, Lakeshore Village, Unit No. 1, as filed for record May 28, 1981, Volume 25, Page 111, San Joaquin County Records. WHEREAS, the easement was needed for the installation of underground electrical utility lines; and WHEREAS, the owner of 2024 Kettleman Lane has requestedthe relocationof the electrical utility facilities and abandonment of the five-foot public utility easement to allow construction of the proposed 19 -lot "Mills Crossing" Phase II subdivision on the site; and WHEREAS, City of Lodi Electric Utility Department has approved the abandonment of the five-foot public utility easement on condition that a new six-foot public utility easement be dedicated in conjunction with the proposed "Mills Crossing" Phase II Subdivision; and WHEREAS, the current property owner has agreed to dedicate a new six-foot public utility easement in conjunction with the proposed "Mills Crossing" Phase 11 Subdivision; and WHEREAS, such easement has been superseded by relocation and there are no other public facilities located within the easement; and WHEREAS, the Streets and Highways Code of the State of California, Sections 8330 and 8333, provide that the legislative body of a local agency may summarily vacate a public service easement if the easement has been superseded by relocation and there are no other public facilities located within the easement; and WHEREAS, pursuant to the requirements of Government Code Section 27288.1, the name of the owner of the title or interest of 2024 Kettleman Lane as it appeared at the time and in the document creating the interest, right, or encumbrance is as follows: Grupe Communities, Inc.. a California Corporation WHEREAS, in accordance with Streets and Highways Code Section 8300 et. seq., it is the desire of the City Council of the City of Lodi to vacate such easement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lodi as follows: 1That the public utility easement, located at 2024 Kettleman Lane (APN 058-160-91), Lodi, California, as dedicated for public purposes (installation of underground electrical utility lines) over the west five feet of Lot 59 of "Lakeshore Village, Unit No. 1," as filed for record May 28, 1981, Volume 25, Page 111, San Joaquin County Records, is herebyvacated and abandoned. 2 That a condition of this Easement Abandonment is that a new six-foot public utility easement be dedicated in conjunction with the proposed "Mills Crossing" Phase 11 Subdivision. 3 That the property owners will be responsible to pay for the relocation of the electrical utility facilities. 4) That from and after the date this resolution is recorded, such easement will no longer constitute a public easement. Dated: June 1,2005 I hereby certify that Resolution No. 2005-113 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. BLACKSTON City Clerk 2005-113 CITY OF LODI EXHIBIT A - PUBLIC WORKS DEPARTMENT ■r Z a -r Z Q M W NOTICE OF PUBLIC HEARING A RESOLUTION OF THE LODI CITY COUNCIL DECLARING ITS INTENTION TO ABANDON A FIVE-FOOT PUBLIC UTILITY EASEMENTAT 2024 KETTLEMAN LANE, REFERRINGTHE 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 et seq. of the Streets and Highways Code of the State of California, to vacate and abandon a five-foot public utility easement at 2024 Kettleman Lane, as shown on Exhibit A attached hereto and thereby made a part hereof; and Reference is hereby made to a map or plan on file in the office of the City Clerk of the City of Lodi for the particulars as to the proposed vacation; and 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, June 1, 2005, 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 easement vacation conspicuously along the line of the easement hereinabove described and proposed to be vacated 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 June 1, 2005, in the "Lodi News Sentinel," a daily newspaper of general circulation printed and published in the City of Lodi, County of San Joaquin. Dated: April 20, 2005 hereby certify that Resolution No. 2005-78 was passed and adopted by the City Council of the City of Lodi in a regular meeting held April 20, 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. BLACKSTON City Clerk 2005-78 OFEXHIBIT A CITY OF LODIPUBLIC WORKS DEPARTMEN MMMMMW:;7 ABANDONED, Lu Z Please immediately confirm receipt d thisfax by calling 333-6702 CITY OF LOD! P. O. BOX 3006 LODI, CALIFORNIA 95241-1910 ADVERTISING INSTRUCTIONS SUBJECT RESOLUTION OF INTENTION TO ABANDON A FIVE-FOOT PUBLIC UTILITY EASEMENT AT 2024 KETTLEMAN LANE, REFERRING THE MATTER TO THE PLANNING COMMISSION AND SETTING A PUBLIC HEARING PUBLISH DATE: SATURDAY, MAY 14,2005 SATURDAY, MAY 21,2005 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, APRIL 21,2005 ORDERED BY: JACQUELINE L. TAYLOR, CMC DEPUTY CITY CLERK KAKI J. CHADWICK ADMINISTRATIVE CLERK NIFER tY. PERRIN, CMC DEPUTY CITY CLERK SEND PROOF OFADVI,RTISIsMIsNT. THANK YOU!! Faxed to the Sentinel at 369-1084 at (time) Cil2-1D.5 (date) _(pages) LNS Phoned to confirm receipt of all pages at (time) _Jac UC Jen (initials) 1\1 CST unuP -P_-Mb-;j l�Sbwu� 3imnsladvins.da: 6� DECLARATION OF POSTING RESOLUTION DECLARING INTENTION TO ABANDON A FIVE-FOOT PUBLIC UTILITY EASEMENTAT 2024 KETLE MAN LANE, REFERRING THE MATTER TO THE PLANNING COMMISSION, AND SETTING A PUBLIC HEARING On Friday, April 22, 2005, in the City of Lodi, San Joaquin County, California, a copy of a resolution declaring intention to abandon a five-foot public utility easement at 2024 Kettleman Lane, referring the matter to the Planning Commission, and setting a public hearing, (attached hereto, marked Exhibit "A), was posted at the following four locations: Lodi Public Library Lodi City Clerk's Office Lodi City Hall Lobby Lodi Carnegie Forum declare under penalty of perjurythat the foregoing is true and correct. Executed on April 22, 2005, at Lodi, California. Kari J. Chadwick Administrative Clerk 11Cvcadc011admin\CLERKIFQRMSIDECPOST.DOC ORDERED BY: SUSAN I BLACKSTON CITY CLERK Jacqueline L. Taylor, CMC Deputy City Clerk nifer M11perrin, CMC Deputy City Clerk DECLARATION OF MAILING TRANSMITTAL LETTER AND RESOLUTION OF INTENTION TO ABANDON A FIVE-FOOT PUBLIC UTILITY EASEMENTAT 2024 KETTLEMAN LANE, REFERRING THE MATTER TO THE PLANNING COMMISSION, AND SETTING A PUBLIC HEARING On April 22, 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 of Intention to abandon a five-foot public utility easement at 2024 Kettleman Lane, referring the matter to the Planning Commission, and setting a public hearing, 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 April 22,2005, at Lodi, California. ORDERED BY: JACQUELINE L. TAYLOR DEPUTY CITY CLERK KAKI J. CHADW ICK ADMINISTRATIVE CLERK Forms/decmail.doc X VI0IV:1913'ii SUSAN BLACKSTON CITY CLERK, CITY OF LODE NIFER PERRIN DEPUTY CITY CLERK CITY COUNCIL JOHN BECKMAN, Mayor CITY OF L O D I SUSAN HITCHCOCK, Mayor Pro Tempore CITY HALL, 221 WEST PINE STREET LARRY D. HANSEN P.O. BOX 3006 BOB JOHNSON LODI. CALIFORNIA 95241-1910 JOANNE MOUNCE (209) 333-6702 FAX (209) 333-6807 cityc1rk0Iodi.gov April 21, 2005 TO: Interested Parties EXHIBIT Al BLAIR KING, City Manager SUSAN J. BLACKSTON City Clerk D. STEPHEN SCHWABAUER City Attorney VACATION: TO ABANDON A FIVE-FOOT PUBLIC UTILITY EASEMENT AT 2024 KETTLEMAN LANE This is to inform you that the City Council, at its regular meeting on April 20, 2005, adopted a Resolution of Intention to abandon a five-foot public utility easement at 2024 Kettleman Lane and set a public hearing for June 1,2005. 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 May 11, 2005. 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 S,lsrmp Enclosure cc: Public Works Director Community Development Director vacatkWcormsPnReslntentlon.dm NOTICE OF PUBLIC HEARING RESOLUTION NO. 2005-78 A RESOLUTION OF THE LODI CITY COUNCIL DECLARING ITS INTENTION TO ABANDON A FIVE-FOOT PUBLIC UTILITY EASEMENTAT 2024 KETTLEMAN LANE, 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 et seq. of the Streets and Highways Code of the State of California, to vacate and abandon a five-foot public utility easement at 2024 Kettleman Lane, as shown on Exhibit A attached hereto and thereby made a part hereof; and Reference is hereby made to a map or plan on file in the office of the City Clerk of the City of Lodi for the particulars as to the proposed vacation; and 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, June 1, 2005, 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 easement vacation conspicuously along the line of the easement hereinabove described and proposed to be vacated 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 June 1, 2005, in the "Lodi News Sentinel," a daily newspaper of general circulation printed and published in the City of Lodi, County of San Joaquin. Dated: April 20, 2005 hereby certify that Resolution No. 2005-78 was passed and adopted by the City Council of the City of Lodi in a regular meeting held April 20, 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. BL4CKSTON City Clerk 2005-78 CITY OF LODI DEPARTMENT ABANDONED EXHIBIT A r� Z omm—- w Z Z w J 1EXHIBIT BI VACATION/ ABANDONMENT MAILING LIST RESOLUTION OF INTENTION Settin Public Hearing) Certified copy w/cover letter to: PG&E 12W. 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 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 vacatiodmisc/mailist.doc (�/I-,,I I t - � l 0 Mailing Address Add res s PropertyOwner LODI INVESTMENT PARTNSHP PO Box 87407 058-140-18 1511 S MILLS AV I LTD Chicago IL 60680 058-160-46 2106 W KETTLEMAN KRTLEMAN II PTP 301 S Ham Ln Ste A LN Lodi CA 95242 W KETTLEMAN MICHAEL, DAVID 3 & PAMELA 3 2020 W Kettleman Ln 058-160-78 22020 TR Lodi CA 95242 2100 W KETTLEMAN WRIGHT, GARLAND & RUTH TR 2100 W Kettleman Ln 058-160-83 LN ETAL Lodi CA 95242 2000 W KRTLEMAN KNIGHT, GEORGE J & STACY L 911 Castec Dr 0158-160-g LN TR Sacramento CA 95864 058-160-89 2122 W KETTLEMAN 2122 32 KETTLEMEN LANE LLC PO Box 9440 LN Fresno CA 93792-9440 656 W Randolph St' Ste. 058-160-90 0 DREW NO 8 LODI LLC Chicago I L 60661,2114: 1711 Windjammer 058-550-01 0 SCHEFLO, MITCH & RITA Lodi CA 95242 0 MEMORANDUM s Officeofthe Lodi City Clerk TO: Community Development Director FROM: Susan J. Blackston �[? City Clerk DATE: April 21, 2005 SUBJECT: A RESOLUTION OF THE LODI CITY COUNCIL DECLARING ITS INTENTION TO ABANDON A FIVE-FOOT PUBLIC UTILITY EASEMENT AT 2024 KETTLEMAN LANE Please be advised that the Lodi City Council, at its regular meeting cf April 20, 2005, adopted a resolution declaring its intention to abandon a five-foot public utility easement at 2024 Kettleman Lane (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 June 1,2005. SJB/JMP Attachment cc w/o enc: Public Works Department vacati onlcoriesp\mplancom.doc MEMORANDUM (D Office of the Lodi City Clerk TO: Public Works Director FROM: Susan J. Blackstone City Clerk DATE: April 21, 2005 SUBJECT RESOLUTION OF INTENTION TO ABANDON A FIVE-FOOT PUBLIC UTILITY EASEMENT AT 2024 KETTLEMAN LANE Please be advised that the City Council, at its meeting of April 20, 2005, adopted the attached resolution declaring its intention to abandon a five-foot public utility easement at 2024 Kettleman Lane and set the matter for public hearing on June 1, 2005. Pursuantto 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. SJB/J M P Attachment vacalionkorresplmposting.doc RESOLUTION NO. 2005-78 A RESOLUTION OF THE LODI CITY COUNCIL DECLARING ITS INTENTION TO ABANDON A FIVE-FOOT PUBLIC UTILITY EASEMENTAT 2024 KETTLEMAN LANE, REFERRINGTHE 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 et seq. of the Streets and Highways Code of the State of California, to vacate and abandon a five-foot public utility easement at 2024 Kettleman Lane, as shown on Exhibit A attached hereto and thereby made a part hereof; and Reference is hereby made to a map or plan on file in the office of the City Clerk of the City of Lodi for the particulars as to the proposed vacation: and 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, June 1, 2005, 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 easement vacation conspicuously along the line of the easement hereinabove described and proposed to be vacated 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 June 1, 2005, in the "Lodi News Sentinel," a daily newspaper of general circulation printed and published in the City of Lodi, County of San Joaquin. Dated: April 20, 2005 hereby certify that Resolution No. 2005-78 was passed and adopted by the City Council of the City of Lodi in a regular meeting held April 20, 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. BLACKSTON City Clerk 2005-78 PUBLIC WORKS DEPARTMENT 7 AM -- w z z a w DECLARATION OF MAILING TRANSMITTAL LETTER REGARDING INTENTION TO ABANDON A FIVE-FOOT PUBLIC UTILITY EASEMENTAT 2024 KETTLEMAN LANE, REFERRING THE MATTER TO THE PLANNING COMMISSION, AND SETTING A PUBLIC HEARING On April 27, 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 regarding intention to abandon a five-foot public utility easement at 2024 Kettleman Lane, referring the matter to the Planning Commission, and setting a public hearing, 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 April 27, 2005, at Lodi, California. ORDERED BY: JACQUELINE L. TAYLOR DEPUTY CITY CLERK KAKI J. CHADWICK ADMINISTRATIVE CLERK Formsldecmail.doc ORDERED BY: SUSAN BLACKSTON CITY CLERK. CITY OF LODI c J16NIFER 4 PERRIN DEPUTY CITY CLERK �I�ii'�K�1�P►[NI� 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@lodi.gov April 27, 2005 BLAIR KING, City Managei SUSAN J. BLACKSTON City Clerk D. STEPHEN SCHWABAUER City Attorney VACATION: TO ABANDON A FIVE-FOOT PUBLIC UTILITY EASEMENT AT 2024 KETTLEMAN LANE This is a follow-up letterto our correspondence of April 21 regarding the Resolution of Intentionto abandon a five-foot public utility easement at 2024 Kettleman Lane, which set the public hearing before the Lodi City Council for June 1, 2005, at the hour of 7:00 p.m., in the City Council Chamber, Carnegie Forum, 305 West Pine Street, Lodi. Due to a scheduling conflict, it is necessaryto reschedulethe Planning Commission meeting regardingthis matterto its regular meeting of May25, 2005 (instead of May 77). Please contact the Community Development Department at (209) 333-6711 if you have any questions regarding this meeting. Should you have questions regarding the abandonment, please contact Public Works Department at (209) 333-6706. Susan J. Blacks# City Clerk SJBTjmp cc: Public Works Director Community Development Department vacation/correspAResintentionliEV15ED.doc VACATION/ ABANDONMENT MAILING LIST RESOLUTION OF INTENTION in Public Hearing) Certified copv 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 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 vacation/misc/mailist.doc AP14 Situs Address PropeAddress 05$-14 , 1 151 1 S MILLS AV LODI INVESTMEN-i PARTNSHF PO Box 87407 -- I LTD Chicago I L 60680 058-160-46 2106 W KETTLEMAN KETTLEMAN II PTP 301 S Ham Ln Ste A LN Lodi CA 95242 „S X2020 W KETTLEMAN MICHAEL, DAVID J & PAMELA J 2020 W Kettleman Ln LN TR Lodi CA 95242 2100 W KETTLEMAN WRIGHT, GARLAND & RUTH TR 2100 W Kettleman Ln 058-1.60-83 LN ETAL Lodi CA 95242 2000 W KETTLEMAN KNIGHT, GEORGE & STACY L 911 Castec Dr 058-160-84 LN TR Sacramento CA 95864 2122 W KETTLEMAN 2122 32 KETTLEMEN LANE LLC PO Box 9440 .058-160-89 LN Fresno CA 93792-9440 058-160-90 0 058-550-01 0 DREW NO 8 LODI LLC SCHEFLO, MITCH & RITA 656 W Randolph St Ste 40OW Chicago IL 60661-2114 1711 Windjammer Lodi CA 95242 M 6) DECLARATION OF MAILING TRANSMITTAL LETTER AND RESOLUTION ABANDONING A FIVE-FOOT PUBLIC UTILITY EASEMENT AT 2024 KETTLEMAN LANE On June,�,'I, 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 abandoning a five-foot public utility easement at 2024 Kettleman Lane, 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. WO05, Executed on June 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 L.ODI CITY COUNCIL JOHN BECKMAN, Mayoi 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 citycirk@lodi.gov June 2,2005 EXHIBIT Al BLAIR KING, City Manager SUSAN J. BLACKSTON City Clerk D. STEPHEN SCHWABAUER City Attorney VACATION: TO ABANDON A FIVE-FOOT PUBLIC UTILITY EASEMENTAT 2024 KETTLEMAN LANE 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 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. Susan J. Blackston City Clerk SJB/jmp Enclosure cc: Public Works Department vaca[ionkormp/ftsV acation.doc PLEASE RECORD AND RETURN TO: Susan I. Blackston, City Clerk P.O. Box 3006 Lodi, CA 95241-1910 RESOLUTION NO. 2005-113 A RESOLUTION OF THE LODI CITY COUNCIL VACATING AND ABANDONING A PUBLIC UTILITY EASEMENT LOCATED AT 2024 KETTLEMAN LANE, LODI, CALIFORNIA (APN 058-160-91) WHEREAS, in 1982, an easement was dedicated for public purposes over the west five feet of Lot 59 of "Lakeshore Village, Unit No. 1," located at 2024 Kettleman Lane (APN 058-160-91), Lodi, more particularly described as follows: The West 5 feet of Lot 59, Lakeshore Village, Unit No. 1, as filed for record May 28, 1981, Volume 25, Page 111, San Joaquin County Records. WHEREAS, the easement was needed for the installation of underground electrical utility lines; and WHEREAS, the owner of 2024 Kettleman Lane has requested the relocation of the electrical utility facilities and abandonment of the five-foot public utility easement to allow construction of the proposed 19-lot"Mills Crossing" Phase II subdivision on the site; and WHEREAS, City of Lodi Electric Utility Department has approved the abandonment of the five-foot public utility easement on condition that a new six-foot public utility easement be dedicated in conjunction with the proposed "Mills Crossing" Phase II Subdivision; and WHEREAS, the current property owner has agreed to dedicate a new six-foot public utility easement in conjunction with the proposed "Mills Crossing" Phase li Subdivision: and WHEREAS, such easement has been superseded by relocation and there are no other public facilities located within the easement; and WHEREAS, the Streets and Highways Code of the State of California, Sections 8330 and 8333, provide that the legislative body of a local agency may summarily vacate a public service easement if the easement has been superseded by relocation and there are no other public facilities located within the easement; and WHEREAS, pursuant to the requirements of Government Code Section 27288.1, the name of the owner of the title or interest of 2024 Kettleman Lane as it appeared at the time and in the document creating the interest, right, or encumbrance is as follows: Grupe Communities, Inc.. a California Corporation WHEREAS, in accordance with Streets and Highways Code Section 8300 et. seq., it is the desire of the City Council of the City of Lodi to vacate such easement. NOW, THEREFORE, BE IT RESOLVED by the City Council cE the City of Lodi as follows: 1That the public utility easement, located at 2024 Kettleman Lane (APN 058-160}91), Lodi, California, as dedicated for public purposes (installation of underground electrical utility lines) over the west five feet of Lot 59 of "Lakeshore Village, Unit No. 1," as filed for record May 28, 1981, Volume 25, Page 111, San Joaquin County Records, is hereby vacated and abandoned. 2) That a condition of this Easement Abandonment is that a new six-foot public utility easement be dedicated in conjunction with the proposed "Mills Crossing" Phase II Subdivision. 3) That the property owners will be responsible to pay for the relocation cf the electrical utility facilities. 4 That from and after the date this resolution is recorded, such easement will no longer constitute a public easement. Dated: June 1,2005 -------------- I hereby certify that Resolution No. 2005-113 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. BLACKSTON City Clerk 2005-113 CITY OF LODIPUBLIC WORKS DEPARTMENT EXHIBIT A .ZNM-- Z d W I� EXHIBIT B VACATION I ABANDONMENT MAILING LIST RESOLUTION OF INTENTION in Public Hearing) Certified copv 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 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 acation/misc/mailist.doc APN Situs .. Owtiet MailingAddiess 058-14 I-18 1511 S MILLS AV -ODI INVLSTMENT: PAPTNSHP PO Box 87407 I LTD Chicago I L 60680 058-160 46 06 W KETTLEMAN �N KETTLEMAN 11: PTP 301 S Ham Ln Ste A- Lodi CA 95242 058-160-78 2020 W KETTLEMAN MICHAEL, DAVID 1 & PAMELA J 2020 W Kettleman Ln LN TR Lodi CA 95242 058-160-83 2100 W KETTLEMAN WRIGHT, GARLAND & RUTH TR 2100 W Kettleman Ln LN ETAL Lodi CA 95242 058-160-84 2000 W KETTLEMAN KNIGHT, GEORGE J & STACY L 911 Castec Dr _ LN _ TR Sacramento CA 95864 058-160-89 2122 W KETTLEMAN 2122 32 KETTLEMEN LANE LLC PO Box 9440 LN Fresno CA 93792-9440 058-160-90 0 DREW NO 8 LODI LLC 656W Rando.'lph St Ste 400W Chicago IL 60661-2114 058-550-01 0 SCHEFLO, MITCH & RITA 1711 Windjammer Lodi CA 95242