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HomeMy WebLinkAboutAgenda Report - December 20, 2006 E-09AGENDA ITEM E "I� CITY OF I.ADI COUNCIL COMMUNICATION TM AGENDA TITLE: Adopt;Resolu#on to Vacate a Six -Foot Public Utility Easement at 710 Wh Sacramento Street MEET114G DATE: December 20, 2006 PREPAVED BY: Public Works Director RECOMMENDED ACTION: Adopt a resolution vacating a six-foot public utility easement at 710 North Sacramento Street. BACKGROUND INFORMATION: On July 3, 2006, a six-foot public utility easement was dedicated by the property owner to provide electrical service to a cell tower located at the rear of the property. The location of the easement for the proposed electrical service was submitted by the company site acquisition agent for Cingular Wireless. The property owner has requested the City of Lodi Electric Utility Department locate the electrical services along the west and south property lines in a manner less incumbent to future building plans. The property owner has dedicated a new six-foot public utility easement accommodating the electrical services installed along the perimeter of his property lines. The new six-foot public utility easement was recorded on September 19, 2006. 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 five consecutive years immediately preceding the proposed vacation". No public utilities have been installed in the public utility easement. The City of Lodi Electric Utility Department has approved the six-foot public utility easement abandonment. Public facilities have not been installed within the six-foot public utility easement to be abandoned. Public Works therefore recommends that the request to abandon the six-foot public utility 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, Jr. Public Works Director Prepared t)y Jeannie Matsumoto, 5eniot Engineering Technician Attachment RCP/JM/pmt APPROVED: Blair King, Manager J VACATIONIEASEMENTIC710NSacramertto.doc 12Y1312006 When Recorded, Please Return to: Lodi City Clerk P. O. Box 2006 Lodi, CA 115261-1910 RESOLUTION NO. 2006-226 A RESOLUTION OF THE LODI CITY COUNCIL SUMMARILY VACATING AND ABANDONING A SIX-FOOT PUBLIC UTILITY EASEMENT AT 710 NORTH SACRAMENTO STREET WHEREAS, a six-foot public utility easement located at 710 North Sacramento Street was dedicated- on July 3, 2006, Document #2006-143832, 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 the unused existing six-foot public utility easement, the property owners, The Lague Family, a Limited Liability Company, John T. Lague have requested the abandonment of the six - toot easement dedicated on July 3, 2006, Document #2006-143832, San Joaquin County Records, as shown on Exhibit A attached hereto and incorporated herein; and WHEREAS, a new six-foot public utility easement has been dedicated to accommodate electrical services installed along the perimeter of his property lines and the dedication recorded on September 19, 2006, Document #2006-199333; and WHEREAS, under Section 8333 of the Streets and Highways Code, a local agency may summarily vacate an easement it it has been superseded by relocation and there are no other public facilities located within the easement; and WHEREAS, the City of Lodi Electric Utility Department has 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: The above recitals are true and correct. 2. The exerting easement covered by the vacation has not been used for the purpose for which it was dedicated and the need for 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 65402je), the City Councfl of the City of Lodi hereby provides that Government Code Section 65402(a) does not apply to this vacation. 3. That the six -toot public utility easement located at 710 North 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 have dedicated a new public utility easement in conformance with City requirements; and 6. The City Cleric 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: December 20, 2006 I hereby certify that Resolution No. 2006-226 was passed and adopted by the City Council of the Chy of Lodi in a regular meeting held December 20, 2006, by the following vote: AYES: COUNCIL MEMBERS — Hansen, Hitchcock, Katzakian, Mounce, and Mayor.lohnson NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None R& R JOHL City Clerk 2006-226 CITE' QF LODI PUSLfC WORKS DEPARTMENT EXHIBIT A l IS f OVATE ACCESS Err t t AM 1*196-N t 1 1 r t TOO SRE "we wPaw" ft. s.. BFT PM TO E dL.t i }r NEW 6 FT PUE � s ki i r 4 LETTER REGAREONG RESOLUTION TO SUMMARILY VACATE AND ABANDON A SIX- FOOT PUBLIC UTILITY EASEMENT AT 710 NORTH SACRAMENTO STREET On December 22, 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 letter regarding resolution to summarily vacate and abandon a six-foot public utility easement at 710 North Sacramento Street, attached hereto Marked Exhibit A. The mailing list for said matter is attached hereto, marked Exhibit B. 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 penally of perjury that the foregoing is true and correct. Executed on December 22, 2006, at Lodi, California. NtFElg I , CMC DUTY CITY CLERK Fb msldecmail.doc ORDERED BY: RANDI JOHL CITY CLERK, CITY OF LODI DANA R. CHAPMAN ADMINISTRATIVE CLERK CITY COUNCIL BOB JOHNSON, Mayor JOANNE MOUNCE, Mayor Pro Tempore LARRY D. HANSEN SUSAN HITCHCOCK PHIL KATZAKIAiN 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 www.lodi.gov cityclerk0lodi.a9v December 22, 2006 BLAIR KING, City Manager RANDI JOHL, City Clerk D. STEPHEN SCHWABAUER City Attorney VAGATON: TO SII MMARNLY VACATE AND ABAHMN A SIX-FOOT PUBLIC UTILITY. EASMENT AT 710 NORTH SACRAMENTO STREET This is to inform you that the City Council, at its regular meeting on December 20, 2.006, 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 abandon*d area. Should you have questions regarding the abandonment, please contact the Public Works Deparlment at (209) 333-6706. 2- City Clerk imp Enclosure cc. Public Works Department vacation/corresp/IResVacation2. doe When Recorded, Please Return to: Lodi City Clerk P. O. Box 3006 Lodi, CA 95241-1 91 0 RESOLUTION NO. 2006-226 A RESOLUTION OF THE LODI CITY COUNCIL SUMMARILY VACATING AND ABANDONING A SIX-FOOT PUBLIC UTILITY EASEMENT AT 710 NORTH SACRAMENTO STREET WHEREAS, a six-foot public utility easement located at 710 North Sacramento Street was dedicated on July 3, 2006, Document #2006-143832, 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 the unused existing six-foot public utility easement, the property owners, The Lague Family, a Limited Liability Company, John T. Lague have requested the abandonment of the six- foot easement dedicated on July 3, 2006, Document #2006-143832, San Joaquin County Records, as shown on Exhibit A attached hereto and incorporated herein; and WHEREAS, a new six-foot public utility easement has been dedicated to accommodate electrical services installed along the perimeter of his property lines and the dedication recorded on September 19, 2006, Document #2006-199333; and WHEREAS, under Section 8333 of the Streets and Highways Code, a local agency may summarily vacate an easement if it has been superseded by relocation and there are no other public facilities located within the easement; and WHEREAS, the City of Lodi Electric Utility Department has 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: The above recitals are true and correct. 2. The existing easement covered by the vacation has not been used for the purpose for which it was dedicated and the need for 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 six-foot public utility easement located at 710 North 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 Highveys Code of the State of California. 5. The property owners have dedicated 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: December 20, 2006 I hereby certify that Resolution No. 2006-226 was passed and adopted by the City Council of the City of Lodi in a regular meeting held December 20, 2006, by the following vote: AYES: COUNCIL MEMBERS — Hansen, Hitchcock, Katzakian, Mounce, and Mayor Johnson NOES: COUNCIL MEMBERS -- None ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None The foregoing document is certi fled to be a correct copy of the original on file in the City Clerk's Office. Jennifer M. Perrin Deputy City Clerk, City sof Lodi 2006-226 R JOHL City Clerk CITY CSF LODI PUBLIC WORIK DEPARTMENT go"mr .""W EXHIBIT A kf i ;i ' 1 1 PFVVATE AOCESS CM © ` • 4 Too SnE w■ , /4 ;Y f I arsU OWAV 9 04 cr C4 1EXHIBITE VACATION I ABANDONMENT MAILING LIST B60LUTION OF TEITIONt(�g Public Hearing) CeWig4 co K/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 Avenge Stockton, CA 95207 Central Valley Wasfe Services P.O. Box 241001 Lodi, CA 95241-9501 Chief Deputy County Surveyor Attn: Joe Bussalacti 1610 E. Hazelton Avenue Stockton, CA 95206 Certified co i to: Jeannie Matsumoto, Public Works Wes Fujitani, Public Works Community Development Department Police Department Fire Department l LUTION OF VACATION (AfWr Public Hearing) copy LAL/coMpr 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 vacationlmisdmairist.doc APN OWNER ADDRESS CITY STATE ZIP SITUSNUM SITUSDIR SITUSSTNAME SITUSTYPE 04118008 BURLINGTON, 555 WOODBRIDGE CA 95258 720 N SACRAMENTO ST RALPH LIFE RIVERSIDE T OR 04118028 FELTON, 1702 S MILLS LODI CA 95242 701 N SACRAMENTO ST CHARLES M & AVE SHARON D T 04119020 WORFOLK, 709 N LODI CA 95240 611 N SACRAMENTO ST DAVID E & SACRAMENTO BETH A ETA ST 04119021 NORTON, 615 N LODI CA 95240 615 N SACRAMENTO ST DENNIS J & SACRAMENTO MAMA 1_ ST 04119022 HOPPER, 809 LODI CA 95240 619 N SACRAMENTO ST STANLEY O & GREENWOOD MARTHA A DR 04119024 SNOW, 627N LODI CA 95240 627 N SACRAMENTO ST THERESA M SACRAMENTO ST 04119025 SHIVELY, 631N LODI CA 95240 631 N SACRAMENTO ST LOREN R TR SACRAMENTO ETAL ST 04119039 LAGUE PO BOX 5526 COMPTON CA 90024 710 N SACRAMENTO ST FAMILY LLC 04119040 SALVATION 3755 N SACRAMENTO CA 95834 622 N SACRAMENTO ST ARMY CORP FREEWAY BLVD 04124042 UNION 1416 DODGE OMAHA NE 68179 0 PACIFIC ST ROOM 830 RAILROAD COMPANY