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Home My WebLink AboutAgenda Report - April 5, 2006 E-10AGENDA ITEM E74010 CITY OF LODI COUNCIL COMMUNICATION AGENDA TITLE: Adopt Resolution of Vacation to Abandon the South Seven Feet of an Existing 10 -Foot Public Utility Easement at 1305 East Vine Street MEETING DATE: April 5,2006 PREPARED BY: Public Works Director RECOMMENDED ACTION: That the City Council adopt a resolution vacating the south seven feet of an existing 10 -foot public utility easement located at 1305 East Vine Street, APN 049-250-32, as shown on Exhibit A. BACKGROUND INFORMATION: In orderto removethe parcel encumbrance caused by an unused portion of an existing public utility easement, Lodi Unified School District (LUSD) has requested the abandonment of the south seven feet of the existing 10 -foot public utility easement dedicated on Parcel 2 of the Parcel Map recorded in Book 17 of Parcel Maps, Page 167, San Joaquin County Records. The remaining three feet of the easement is currently occupied by an SBC Pacific Bell utility. A new seven -foot public utility easement abutting the remaining three feet is being dedicated to accommodate electrical utility facilities. The new seven -foot easement is located on the adjacent parcel that is also owned by LUSD. A proposed LUSD warehouse on the adjacent site has been conditioned to dedicate the new seven -foot public utility easement and the dedication is currently in process. Under Section 8333 of the Street and Highway Code, a local agency may summarily vacate an easement if "the easement has been superseded by relocation and there are no other public facilities located within the easement". There are no public utilities in the portion of the easement to be abandoned. 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. Staff therefore recommendsthat the request to abandon the south seven feet of the easement be granted without Planning Commission referral or the normal posting, publishing and public hearing FISCAL IMPACT: None FUNDING AVAILABLE: Not applicable Richard C. Prima`-J� Public Works Director Prepared by Jeannie Matsumoto, Senior Engineering Technician Attachment cc: City Attorney Stephen Schwabauer APPROVED Blair King7�y Manager DEV SERV CC 13a5EVinePUEVacation doc 312012006 y OFA OF • , .•�� PUBLIC ��FOR 10:14111Hrr:1 PI�(L !'U.! o (UTILITY /"1t�L.i' V � I L 18x4647"E 522.29 AY EXISTING 5' P.U.E.--,Z S4413a0=EE 35.90'------ 3 3 Y rFSACILITYBClg$T. it � II PARCEL 1 z MI I 3-4�$--a s- X cI I P.M. 11-161 w NII SOUTH 7' OF PARCEL 1 TO BE DEDICATED AS P.U.E. EXISTING 16.5 P.U.E. `S87'46� 07�! 547�67� I #c - - - - - - - - - - SOUTH 7' OF EXIST. 10'co J 1 _ Il w 1l P.U.E. TO BE ABANDONED o II II M IL—EXISTING 16.5' P.U.E. II c II' EXISTING 16.5' P.U.E.----II II _ 11 PARCEL 2 EXISTING BUILDING SII 4.86-7 ACRES SII N I1 I l 41 I I — — EXISTING 5' P.U.E. S45'47'1O"W 37.61:% N87'46'07"W 521.24'- V1 21.24' -VI N E STREET CA Codes (shc:8330-8334.5) STREETS AND HIGHWAYS CODE SECTION 8330-8334.5 8330. (a) The legislative body of a local agency may summarily vacate a street or highway that has been superseded by relocation. (b) A street or highway shall not be summarily vacated pursuant to this section if vacation would do either of the following: (1) Cut off all access to a person's property which, prior to relocation, adjoined the street or highway. (2) Terminate a public service easement, unless the easement satisfies the requirements of Section 8333. 8330.5. (a) Subject to subdivisions (b) and (c), the commission may retain, relinquish to a local agency pursuant to Section 73, or summarily vacate a state highway that has been superseded by relocation. (b) The commission shall not vacate a state highway unless the commission has first given a notice of relinquishment pursuant to Section 73 and the legislative body of the local agency has protested within the prescribed 90 -day period that the highway is not needed for public use and should be vacated by the commission. (c) If vacation of a state highway would cut off all access to the property of any person which, prior to relocation, adjoined the highway, the commission shall either retain the highway or relinquish it pursuant to Section 73. 8331. The legislative body of a local agency may summarily vacate a street or highway if both of the following conditions exist: (a) For a period of five consecutive years, the street or highway has been impassable for vehicular travel. (b) No public money was expended for maintenance on the street or highway during such period. 8332. The legislative body of a local agency may summarily vacate a street or highway pursuant to an agreement entered into with the department pursuant to Section 100.2 to close the street or highway at or near the point of its interception with a state freeway. 8333. The legislative body of a local agency may summarily vacate a public service easement in any of the following cases: (a) 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. (b) The date of dedication or acquisition is less than five years, and more than one year, immediately preceding the proposed vacation, and the easement was not used continuously since that date. (c) The easement has been superseded by relocation and there are Page 1 of 2 http:llwww leginfo.ca.gov/cgi-bin/displaycode?section=shc&group=08001-09000&file=83... 3/24/2006 CA Codes (shc:8330-8334.5) no other public facilities located within the easement. 8334. The legislative body of a local agency may summarily vacate any of the following: (a) An excess right-of-way of a street or highway not required for street or highway purposes. (b) A portion of a street or highway that lies within property under one ownership and that does not continue through such ownership or end touching property of another. 8334.5. Notwithstanding any other provision of this article, a street, highway, or public service easement may not be summarily vacated if there are in-place public utility facilities that are in use and would be affected by the vacation. Page 2 of 2 http://wwwleg info.ca. gov/cgi-bin/displaycode?section=shc&group=08001-09000&file=8 3 ... 3/24/2006 When Recorded, Please Return to: LodiC7lty Clerk P. O. Box 3006 Lodi, CA 95241-1910 RESOLUTION NO. 2006-51 A RESOLUTION OF THE LODI CITY COUNCIL SUMMARILY VACATING AND ABANDONING THE SOUTH SEVEN FEET OF AN EXISTING TEN -FOOT PUBLIC UTILITY EASEMENT AT 1305 EASTVINE STREET WHEREAS, a ten -foot public utility easement located at 1305 East Vine Street was dedicated on Parcel 2 of Parcel Map filed for record in Book 17, of Parcel Maps, Page 167, San Joaquin County Records, as shown on Exhibit A attached hereto and incorporated herein; and WHEREAS, in order to remove the parcel encumbrance caused by an unused portion of the existing ten -foot public utility easement, Lodi Unified School District (LUSD) has requested the abandonment of the south seven feet of said easement dedicated on Parcel 2 of the Parcel Map recorded in Book 17 of Parcel Maps, Page 167, San Joaquin County Records; and WHEREAS, the remaining north three feet of the easement is currently occupied by an SBC Pacific Bell utility, and a new seven -foot public utility easement abutting the remaining three feet is being dedicated on the adjacent parcel, that is also owned by LUSD to accommodate electrical utility facilities. A proposed LUSD warehouse to be constructed on the adjacent site has been conditioned to dedicate the new seven -foot public utility easement and the dedication is currently in process; and WHEREAS, under Section 8333 of the Streets and Highways Code, a local agency may summarily vacate an easement if it has not been used for the purpose for which it was dedicated, or if the easement has been superseded by relocation and there are no other public facilities located within the easement. There are no public utilities in the portion of the easement to be abandoned; and WHEREAS, 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. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lodi finds and declares as follows: t . The above recitals are true and correct. 2. The portion of the existing easement covered by the vacation has not been used for the purposefor which it was dedicated and the need for the portion of the easementto be vacated has been superseded by relocation and there are no other public facilities located within the portion of the easement to be vacated, 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 the south seven feet of the existing ten -foot public utility easement located at 1305 East Vine Street (APN 049-250-32), 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 in conformancewith 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: April 5, 2006 I hereby certify that Resolution No. 2006-51 was passed and adopted by the City Council of the City of Lodi in a regular meeting held April 5, 2006, by the following vote: AYES: COUNCIL MEMBERS— Hansen, Johnson, Mounce, and Mayor Hitchcock NOES: COUNCIL MEMBERS— None ABSENT: COUNCIL MEMBERS—Beckman ABSTAIN: COUNCIL MEMBERS—None SAN J. B K &� SUSAN J. B CKSTON City Clerk 2006-51 EXHIBIT A CITY OF LODI 17 uwff1 APUBLIC WORKS DEPARTMENT■ 1 INDUSTRIAL WAY S87'46'47"E 52229' EXISTING 5' P.U.E,� 544'13'10" 35.90' tai i i PARMEL 1 3.428 ACRES F j EXIST. in SBC P.M. 1�1-167 N FACILITY SOUTH 7' OF PARCEL ! Tp in BE DEDICATED AS P.U.E. EXISTING 16.5' P 3 ---__ _ :. _ _---___ 1 ------- _�_ II ^ m r 0 � c� c .I SOUTH 7' OF EXIST. 10' - _ ^ - , I C o I - fi` P.U.E. TO BE ABANDONED o ti r —«� L --EXISTING 16.5' P.U.E. i� PARCEL 4.861 ACRES cY m M i{ 4 a EXISTING 16.5' P.U.E.—Ji Z EXISTING BUILDING �- O X11I1 f� LATS iNG F PCU:f S45 4710"W 37.61' -L — — - N87'46'07"W 521.24' VINE STREET DECLARATION OF MAILING RESOLUTION SUMMARILY VACATING AND ABANDONING THE SOUTH SEVEN FEET OF AN EXISTING TEN -FOOT PUBLIC UTILITY EASEMENTAT 1305 EAST VINE STREET On April 6, 2006, in the City of Lodi, San Joaquin County, California, I deposited in the United States mail, envelopes with first-class postage prepaid thereon, containing transmittal letter and resolution summarily vacating and abandoning the south seven feet of an existing ten -foot public utility easement at 1305 East Vine Street. 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 6, 2006, at Lodi, California. ORDERED BY: J�PNNIFER V. PERRIN, CMC DEPUTY CITY CLERK DANA R. CHAPMAN ADMINISTRATIVE CLERK fkwmsldmnm).doc ORDERED BY: SUSAN BLACKSTON CITY CLERK, CITY OF LODI JACQUELINE L TAYLOR, CMC DEPUTY CITY CLERK CITY COUNCIL CITY OF L O D I BLAIR KING, SUSAN HITCHCOCK, SkCAM City Manager Mayor BOBJOHNSON, SUSAN J. BLACKSTON, Mayor Pro Tempore City Clerk JOHNBECKMAN LARRY D. HANSEN +� .,i6 R. STEPHEN SCHWABAUER, -�` City Attorney JOANNE MOUNCE CITY HALL, 221 WEST PINE STREET / P.O. BOX 3006 _ LODI, CALIFORNIA 95241-1910 1EXHIBItJA (209) 333-6702 1 FAX (209) 333-68071 www.lodi.gov Apri16, 2006 TO: Interested Parties VACATION: TO SUMMARILY VACATE AND ABANDON THE SOUTH SEVEN FEET OF AN EXISTING TEN -FOOT PUBLIC UTILITY EASEMENT AT 1305 EAST VINE STREET This is to inform you that the City Council, at its regular meeting on April 5,2006, 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. Susan J. Blackston City Clerk Ii js"p Enclosure cc: Public Works Department vacadodcompAResVWAdoa2-2006.d0c When Recorded, Please Return to: Lodi City Clerk P. O. Box 3006 Lodi, CA 95241-1910 RESOLUTION NO. 2006-51 A RESOLUTION OF THE LODI CITY COUNCIL SUMMARILYVACATING AND ABANDONING THE SOUTH SEVEN FEET OF AN EXISTING TEN -FOOT PUBLIC UTILITY EASEMENTAT 1305 EASTVINE STREET WHEREAS, a ten -foot public utility easement located at 1305 East Vine Street was dedicated on Parcel 2 of Parcel Map filed for record in Book 17, of Parcel Maps, Page 167, San Joaquin County Records, as shown on Exhibit A attached hereto and incorporated herein: and WHEREAS, in order to remove the parcel encumbrance caused by an unused portion of the existing ten -foot public utility easement, Lodi Unified School District (LUSD) has requested the abandonment of the south seven feet of said easement dedicated on Parcel 2 of the Parcel Map recorded in Book 17 of Parcel Maps, Page 167, San Joaquin County Records; and WHEREAS, the remaining north three feet of the easement is currently occupied by an SBC Pacific Bell utility, and a new seven -foot public utility easement abutting the remaining three feet is being dedicated on the adjacent parcel, that is also owned by LUSD to accommodate electrical utility facilities. A proposed LUSD warehouse to be constructed on the adjacent site has been conditioned to dedicate the new seven -foot public utility easement and the dedication is currently in process; and WHEREAS, under Section 8333 of the Streets and Highways Code, a local agency may summarily vacate an easement if it has not been used for the purpose for which it was dedicated, or if the easement has been superseded by relocation and there are no other public facilities located within the easement. There are no public utilities in the portion of the easement to be abandoned; and WHEREAS, 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. NOW, THEREFORE, BE IT RESOLVED that the City Council cf the City of Lodi finds and declares as follows: The above recitals are true and correct. 2. The portion of the existing easement covered by the vacation has not been used for the purpose for which it was dedicated and the need for the portion of the easement to be vacated has been superseded by relocation and there are no other public facilities located within the portion of the easement to be vacated, 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 the south seven feet of the existing ten -foot public utility easement located at 1305 East Vine Street (APN 049-250-32), 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 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: April 5,2006 hereby certify that Resolution No. 2006-51 was passed and adopted by the City Council of the City of Lodi in a regular meeting held April 5, 2006, by the following vote: AYES: COUNCIL MEMBERS — Hansen, Johnson, Mounce, and Mayor Hitchcock NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS —Beckman ABSTAIN: COUNCIL MEMBERS — None SAN J. B K SUSAN J. B CKSTON City Clerk 2006-51 CITY OF LODI PUBLIC WORKS DEPARTMENT EXHIBIT A Ru UIim INuuSTRlAL WA EXISTING 5' P.U.E. 544'13'100E 35.90* LJ {1 PARCEL 1 3 .428 ACRES ` EXIST. g SBC P.M. !i-181 in { x FACILITY t �{ SOUTH 7' OF PARCEL 1 TO BE DEDICATED AS P.U.E. EXISTING 16.5' P.U.E. SS7 ■ r RZ , {11r r po g I SOUTH 7' OF EXIST. 10' Q ►� P.U.E. TO BE ABANDONED br En i "XISTING 16.5- P.U.E. { y { EXISTING 16.5' P.U.E. I { { PARCEL'2 EXISTING BUILDING gal rn 4.851 ACRES �{ {{ it EXISTING 5' P.U.E. S45647"10"W 37.g, _ N87'46'07"W 521.24' VANE STREET 1EXHIBIT B1 VACATION/ ABANDONMENT MAILING LIST RESOLUTION OF INTENTION(Setting 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 @r Public Hearing) Certified copy w/cove' 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/misclmailist.doc