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Home My WebLink AboutAgenda Report - September 5, 2007 E-15AGENDA ITEM ewrlrO kakii CITY OF LODI COUNCIL COMMUNICATION AGENDA TITLE: Adopt Resolution Vacating Ten -Foot Public Utility Easement Located at Lodi Memorial Hospital (975 South FairmontAvenue and 1200 West Vine Street) MEETING DATE: September 5,2007 PREPARED BY: PublicWorks Director RECOMMENDED ACTION: Adopt a resolution vacating a ten -foot public utility easement at Lodi Memorial Hospital located at 975 South FairmontAvenue and 1200 West Vine Street (Assessor Parcel Numbers 031-070-40 and 031-070-37). BACKGROUND INFORMATION: Lodi Memorial Hospital is currently undergoing a major building expansion at their current 975 South FairmontAvenue and 1200 West Vine Street sites. A proposed new building is located southwest of the current structure and lies across an unused ten -foot public utility easement. The public utility easement was dedicated to the City on April 8, 1974, Book 3862 of Official Records, Page 115, San Joaquin County Records, and located as shown on the attached ExhibitA. 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. Pacific Gas & Electric, AT&T, Comcast, and the City of Lodi Electric Utility and Fire Departments, as well as the Water and Wastewater Divisions of the Public Works Department, have approved the abandonmentof the ten -foot public utility easement. The PublicWorks Department therefore recommends that the request to abandon the ten -foot pubic utility easement be granted without referral to the Planning Commission or the normal posting, publishing and public hearing. FISCAL IMPACT: Not applicable FUNDING AVAILABLE: Not applicable. Richard C. Prima, Jr. PublicWorks Director Prepared by Jeannie Matsumoto, Senior Engineering Technician RCPIJM/pmf Attachment APPROVED: e7�� KkW?\VACATl0WEASEMENT\CV@cate Lod Memorial Hospital doc Blair K� P,�, Manager 812112007 Wnen Recorceo Rot_rn to C�1/ of Loa Cry Clerk's Moe P 0 Box 3006 Loa CA 95241-1910 RESOLUTION NO. 2007-178 A RESOLUTIONOF THE LODI CITY COUNCIL VACATING PUBLIC UTILITY EASEMENTAT 975 SOUTH FAIRMONT AVENUE AND 1200 WEST VINE STREET WHEREAS, on April 8, 1974, there was dedicated a ten -foot easement for public utilities located at 975 South Fairmont Avenue and 1200 West Vine Street, Lodi, California, more particularly described as follows and delineated on the attached map marked ExhibitA: A strip of land 10.00 feet in width the centerline described as follows: Beginning at a point in the East line d Ham Lane, said point lying 174.50 feet South of the South line of Vine Street; then North 59" 42' 30" East, 50.10 feet; thence South 87" 43' 30" East, 457 .00 feet; thence South 15" 03' 30" East, 110.00 feet to the Southeasterly terminus of said 10.00 foot strip of land. WHEREAS, the owners of the property have requested that the City of Lodi abandon the ten -foot easement; and WHEREAS, this easement has not been used for the purpose for which it was dedicated; and WHEREAS, the Streets and Highways Code of the State of California §8333 provides that the legislative body of a local agency may summarily vacate a public service 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 and the easement has been superceded by relocation and there are no other public facilities located within the easement: and WHEREAS, pursuant to the requirementsof Government Code §27288.1, the names of the owners of the title or interest in 975 South Fairmont Avenue and 1200 West Vine Street as it appeared at the time and in the document creating the interest, right, or encumbrance is as follows: Owner: Lodi Memorial Hospital Association, Inc., a non-profit California Corporation WHEREAS, in accordancewith Streets and Highways Code §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 Lodi City Council as follows: 1. That the public utility easement located at 975 South Fairmont Avenue and 120OWest Vine Street be vacated; and 2. That from and after the date this resolution is recorded, such easement will no longer constitute a public service easement. Dated: September 5, 2007 I hereby certify that Resolution No. 2007-178 was passed and adopted by the City Council of the City of Lodi in a regular meeting held September 5, 2007, by the following vote: AYES: COUNCIL MEMBERS — Hansen, Hitchcock, Katzakian, Mounce, and MayorJohnson NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS— None ABSTAIN: COUNCIL MEMBERS— None ANDI JOHL City Clerk 2007-178 �40 F -c) a [GAVATAIll IN 114-12 Ili 0 V-111 kDA I IN I I I -,Of \I- I STREEir & .010 7. Joe —7ivr W. f--"'8049 dKOr 407--.- �P'ap me, v. �'490-&7 4 I OFT PlUE TO BE AELajjX]NE3D 4W, A*, d4 Mai Elm— op" jot e4glCAW lg'PtL�ir- ".go It LM MEMORIAL HO&tjTAL 401 jwp- ir. IV. df/S ......... P L A -C E WINO DRI or fro DECLARATION OF MAILING LETTER REGARDING VACATION AND ABANDONMENT OF TEN -FOOT PUBLIC UTILITY EASEMENTAT 975 SOUTH FAIRMONT AVENUE AND 1200 WEST VINE STREET I I on September 0, 2007, 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 vacation and abandonment of ten -foot public utility easement at 975 South Fairmont Avenue and 1200 West Vine 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 penalty of perjury that the foregoing is true and correct. I. Executed on September P, 2007, at Lodi, California. * IFE*RERDR OC J I 'CM UTY Cl CL D ERK Forms/decmafl,doc ORDERED BY: RANDII JOHL CITY CLERK, CITY OF LODI CYNTHIA MURPHY ADMINISTRATIVE CLERK CITY COUNCIL BOB JOHNSON, Mayor JOANNE MOUNCE, Mayor Pro Tempore LARRY D. HANSEN SUSAN HITCHCOCK PHILKATZAKIAN CITY OF LODI TO: Interested Parties CITY HALL, 221 WEST PINE STREET P.O. BOX 3006 LODI, CALIFORNIA 95241-1910 (209) 333-6702 1 FAX (209) 333-6807 www.lodi.00v cityclerk@lodi.gov September 10,2007 BLAIR KING, City Manager RANDI JOHL, City Clerk D. STEPHEN SCHWABAUER City Attorney VACATION: TO SUMMARILY VACATE AND ABANDON A TEN -FOOT PUBLIC UTILITY EASEMENT AT 975 SOUTH FAIRMONT AVENUE AND 1200 WEST VINE STREET This is to inform you that the City Council, at its regular meeting on September 5, 2007, 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) 333-67 RJfjmp Enclosure cc: PublicWorks Department vacationleorresp/lResVacation2.doc RESOLUTION NO. 2007-178 A RESOLUTION OF THE LODI CITY COUNCIL VACATING PUBLIC UTILITY EASEMENTAT 975 SOUTH FAIRMONT AVENUE AND 1200 WEST VINE STREET WHEREAS, on April 8, 1974, there was dedicated a ten -foot easement for public utilities located at 975 South Fairmont Avenue and 1200 West Vine Street, Lodi, California, more particularly described as follows and delineated on the attached map marked Exhibit A: A strip of land 10.00 feet in width the centerline described as follows: Beginning at a point in the East line of Ham Lane, said point lying 174.50 feet South of the South line of Vine Street; then North 59" 42' 30" East, 50.10 feet; thence South 87" 4 3 30" East, 457 .00 feet; thence South 15" 03' 30" East, 110.00 feet to the Southeasterly terminus of said 10.00 foot strip of land. WHEREAS, the owners of the property have requested that the City of Lodi abandon the ten -foot easement; and WHEREAS, this easement has not been used for the purpose for which it was dedicated: and WHEREAS, the Streets and Highways Code of the State of California 58333 provides that the legislative body of a local agency may summarily vacate a public service 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 and the easement has been superceded by relocation and there are no other public facilities located within the easement: and WHEREAS, pursuant to the requirementsof Government Code §27288.1, the names of the owners of the title or interest in 975 South Fairmont Avenue and 1200 West Vine Street as it appeared at the time and in the document creating the interest, right, or encumbrance is as follows: Owner: Lodi Memorial Hospital Association, Inc,, a non-profit California Corporation WHEREAS, in accordance with Streets and Highways Code §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 Lodi City Council as follows: 1. That the public utility easement located at 975 South Fairmont Avenue and 1200 West Vine Street be vacated; and 2. That from and after the date this resolution is recorded, such easement will no longer constitute a public service easement. Dated: September 5, 2007 I hereby certify that Resolution No. 2007-178 was passed and adopted by the City Council of the City of Lodi in a regular meeting held September 5, 2007, by the following vote: AYES: COUNCIL MEMBERS — Hansen, Hitchcock, Katzakian, Mounce, and MayorJohnson NOES: COUNCIL MEMBERS —None ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None The foregoing document is certified to be a cormet copy of the original on file in the City ClerVe 0MCC Jennifer M. Patin Deputy City Clerk City of Lodi -MyBy: OtAl A.. JQ 4� . 4_�- Dated 140-� 2007-178 ANDI JOHL City Clerk CITY OF LODI PUBLIC WORKS DEPARTMENT vo Jur EXHIBIT A If VACATION/ ABANDONMENT MAILING LIST RESOLUTION OF INTENTION (Seffin Public Hearing) Certified copy w/cover letter : PG&E 12 W. Pine Street Lodi, CA 95240 AT&T 6505 Tam 0 Shanter Drive Stockton, CA 95210 AT&T California Attn: Engineering/Public Works Dept. 2300 E. Eight Mile Road Stockton, CA 95210 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, PublicWorks Wes Fujitani, PublicWorks Community Development Department Police Department Fire Department RESOLUTION OF VACATION (Afte Public Hearing) Certified copy w/cover letter: PG&E AT&T Pacific Bell Central Valley Waste Services Chief Deputy County Surveyor Jeannie Matsumoto, PublicWorks Wes Fujitani, PublicWorks Community Development Department Police Department Fire Department vacation/misdmaihst.doc APN OWNER ADDRESS CITY/STATE/ZIP SITUS 03106010 BURGOS, 1321 PARK ST LODI CA 95242 1321 PARK ST ALBERT E 03106011 SCOGGINS, 1315 W PARK ST LODI CA 95240 1315 PARK ST DANIEL B 03106012 BECERRA,ESAUL 1309 W PARK ST LODI CA 95240 1309 PARK ST & MARIA 03106013 CROSS, 750 LOUIE AVE LODI CA 95240 1029 S HAM LN GREGORY B & NANCY A 03106014 SIEGLOCK, JACK 1702 LODI CA 95242 1101 S HAM LN A & BRENDA LEE TIMBERLAKE CIR 03106016 TAMURA, KAY 1308 PARK ST LODI CA 95240 1308 PARK ST YOSHIE 03107040 LODI MEMORIAL PO BOX 3004 LODI CA 95241 975 S FAIRMONT HOSPITAL ASSN ST 03107044 LODI MEMORIAL 6653 STOCKTON CA 975 S FAIRMONT HOSPITAL ASSN EMBARCADERO 95219 AVE DR STE M 03112001 CANEPA, CAROL 131 S ORANGE LODI CA 95240 1000 S FAIRMONT JTR AVE AVE 03112002 THORNESBERRY, 1000 YORK ST LODI CA 95240 1000 YORK ST CARLYNE J 03112003 WILCOX, JANET A 1007 S ORANGE LODI CA 95240 1007 S ORANGE TR AVE AVE 03112004 CARLSON,DALE 1013 S ORANGE LODI CA 95240 1013 S ORANGE W AVE AVE 03112005 MERCURIO, PAT 1019 S ORANGE LODI CA 95240 1019 S ORANGE & DIANA TR AVE AVE 03112054 NEAL, DAVID A& 455 W TURNER LODI CA 95242 1104 S FAIRMONT BETH A TR RD AVE 03113004 900 S FAIRMONT. 900 S FAIRMbNT LODI CA 95240 1000 W VINE ST BUILDING PTP AVE 03113023 KRAUSE, MARY A 100OWWINDSOR LODI CA 95240 1000 WINDSOR DR DR 03113040 FAIRMONT PO BOX 160488 ALTAMONTE 950 S FAIRMONT HEALTH REALTY SPRGS FL 32716 AVE HOLDING 03113041 WILLIAMS, 1607 LODI CA 95240 1001 YORK ST GEORGE& SCARSBOROUGH BETTY TR ET DR 03113043 MCKENZIE, 851 TILDEN DR LODI CA 95242 918 S FAIRMONT THOMAS P & AVE �MARGARET 03113044 CAREY, NANCY J 2507 ALDER LODI CA 95242 1001 WINDSOR TR GLEN DR DR 03308045 FORTIER, JANET 120 S ORANGE LODI CA 95240 840 S FAIRMONT MTR AVE AVE 03315050 PANAGOPOULOS, 1920 APRICOT BRENTWOOD CA 832 S FAIRMONT JIM & DEBRA WAY 94513 AVE 03331025 BRECKENRIDGE, 845 S FAIRMONT LODI CA 95240 845 S FAIRMONT C R & S TR ETAL #1 AVE 03104002 LODI MIDDLE 945 S HAM LODI CA 95240 S FAIRMONT AVE SCHOOL