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HomeMy WebLinkAboutAgenda Report - December 15, 2010 C-12AGENDA ITEM CM&W 1ZW CITY OF LODI COUNCIL COMMUNICATION Im AGENDA TITLE: Adopt Resolution of Vacation of Surplus Portion of Street Easement on Lodi Avenue Adjacent to Parcel Located at 230 South Cherokee Lane (Jimboy's Tacos Building) and Authorizing City Managerto Execute Termination Agreement MEETING DATE: December 15,2010 PREPARED BY: Public Works Director RECOMMENDED ACTION: Adopt resolution of vacation of surplus portion of street easement on Lodi Avenue adjacent to parcel located at 230 South Cherokee Lane (Jimboy's Tacos Building) and authorizing City Managerto execute Termination Agreement. BACKGROUND INFORMATION: The southerly portion of land at 230 South Cherokee Lane was dedicated to the City of Lodi by a grant deed from Carmelo Teresi and Pamela Teresi recorded on April 23, 1987 at the San Joaquin County Recorder's office (Exhibit A). The dedication was in anticipation of widening Lodi Avenue east of Cherokee Lane into a four -lane arterial to serve the industrial development east of State Route 99. The City also executed an agreementwith the property owners to reconstructthe existing building which is located partially inside the dedicated property (Exhibit B). Since that time, the industrial development east of Cherokee Lane did not generate the traffic volume anticipated, and the 2010 General Plan Update did not identify the need to widen Lodi Avenue east of Cherokee Lane to four lanes. The City also recently completed the Lodi Avenue reconstruction project from Union Pacific Railroad to 300 feet east of Cherokee Lane with no provisions to widen Lodi Avenue east of Cherokee Lane into a four -lane arterial. The Lodi Avenue project, however, did widen the pavement along the subject property to remove the existing 12 -foot offset to provide a smooth pavement transition. Staff feels that Lodi Avenue east of Cherokee Lane can remain a two-lane collector and maintain an acceptable service level for the foreseeable future. The current property owner, Linda S. Bowman, has requested the City vacate the remaining portion of the dedicated property (Exhibit C) so that the property can be used and developed without the restrictions stated in the recorded agreement. The City would retain the street rig ht -of -way from the back of the sidewalk to the street pavement. All existing public utility easements will remain. Pacific Gas and Electric Company, Comcast, AT&T, and the City of Lodi Electric Utility Department and the Streets and Water/Wastewater Divisions have approved the vacation of street right-of-way without any further comments or conditions. With the vacation of the surplus portion of the street easement, the building originally addressed in the 1987 agreementwill no longer be within the street easement and the agreement is no longer necessary. Staff recommendsthat the rig ht -of -way vacation be approved subject to the termination of the recorded agreement between the City of Lodi and Carmelo Teresi and PamelaTeresi dated April 14, 1987, and that City Council authorize the City Managerto execute the Termination Agreement. APPROVED: Konradt Bartlam, City Manager K:\WP\PROJECTS\STREETS\LodiAvelmprovements\Reconstruction\CC Abandonment 230 S Cherokee.doc 11/19/2010 Adopt Resolution of Vacation of Surplus Portion of Street Easement on Lodi Avenue Adjacent to Parcel Located at 230 South Cherokee Lane (Jimboy'sTacos Building) and Authorizing City Manager to Execute Termination Agreement December 15,2010 Page 2 FISCAL IMPACT: Not applicable. FUNDING AVAILABLE: Not applicable. 1. F. Wally S ndelin PublicWorks Director Prepared by Lyman Chang, Senior Civil Engineer Attachments cc: CityAttorney Senior Engineering Technician Wiman Senior Civil Engineer Chang Thomas Coleman K:\WP\PROJECTS\STREETS\LodiAveimprovements\Reconstruction\CC Abandonment_230 S Cherokee.doc 11/19/2010 L iII?E01a WHEN RECORDED MAIL TAX STATEMENT AND RECORDED DOCUMENT TO 1 CITY CLERK CITY HALL LODI, CALIFORNIA 95240 Carmelo Teresi and Pamela Teresa 8iO3i7!_I SAN YV 17 AN 23 M111: 412 Ilk OW AT REQUEST OF r F UDMI-" FEE - SPACE ABOVE THIS LINE FOR RECORDER'S USE DEED 224:1 do hereby GRANT to the CITY OF LODI, a municipal corporation of the State of California, all that real prropezty situate in the City of Lodi, County of San Joaquin, State of California, described as follows: A portion of the Southwest Quarter of Section 6, T3N, VE, MDBM being more particularly described as follows: Comm6ncing at the southwest corner of said section, thence S 87 16'30"E 260.15 feet along the South line of said section, thence N 2009'40"W 22.58 feet to the TRUE POINT OF BEGINNING thence continuing N 2009'40"W 21.78 feet to the southwest corner of Parcel "A" as recorded Aug. 8, 1977 in Book 4 of Parcel Maps at Page 190, SanJoaquin County Records, and to a point on a curve having a radial o f N 2%341 3811 W thence along $ curve to right havin�a radius 1460.00 feet, a chord bearing S 89 51'01"W, an arc oT 2 17'59", and an arc length of 58.60 feet thence N 89043'21"W 122.75 feet thence N 45058' 11"W 27.45 feet, to the east line of Cherokee Lane thence S 2013'E 12.10 feet along said east line of Cherokee Lane thence along a curve to the left having a ra ius of 20.00 feet, a chord bearing S 44044'45"E, an arc of 85 03'30", and an arc length of 29.69 feet thence S 87016'30"E 182.59 feet to the TRUE POINT OF BEGINNING Dated: A 'E OF EAL]IFORNIA CO TY OF SS. On before me, the under - appeared CITY OF LODI PL,,; -,LIC WORKS DEPARTMENT GRANT DEED Z 30 S. CHEROAFE Z ANE CHEROKEE L ANE Section Cprn2r•••� • L =29-69 N. 45`.58 %/ "W. ,Z745 ' 1 W o h n Scale: 1 "= 30 O Q ti all to O South Lihe Secfion 6 • ••'• 5.00°/6 :39 "E (/?) it I N. z °34 36 -W- (R) N.2°0940"W :11141_�,N2*09 ;4o"w 2178' 22.58 ' •••• TR vE POINT of DEVWNIN6 No Dets My uon Appr Approved By 12 86 Rworks • OIr/or pt CDirectorH 8 7 0 3 5 7 1 8 SAN JOAQUIN CouTY Decd �a CITY OF LODI RECORDER'S,f1��!OFF C&/W- c�' va8Y5 CITY HALL, 221 W. PINE ST, Y Y ONINIE 1. UDALI CALL BOX 3006 p LODI, CALIFORNIA 95241-1910 87 APR 23 A}�� i 11.- 43 ..,, RECORD^N'-WOF ' FEE_.. EXEMPT FROM � AGREEMENT This Agreement entered into this 12/ day of CKAAx , 1987, between the CITY OF LODI, hereinafter called 'City" and Carmelo Teresi and Pamela Teresl tiereinarter ca e"Owner." WITNESSETH Owner owns the property located at 230 South Cherokee Lane, Lodi, California, described as a portion of Lot 5, Lodi Trotting Park, as recorded Feb. 10, 1891 in Book of Maps, Vol. 2, page 70, San Joaquin County Records. City and Owner agree as follows: 1. Owner is dedicating by separate instrument the necessary land for the future widening of 1 odi Avenue - 2. City acknowledges and agrees that it is City's responsibility to modify the buildings presently in the newly dedicated right-of-way at such time that City desires to widen Lodi Avenue and agrees to modify the buildings at City's cost at such time as City deems it necessary to so widen said street in such a manner that the dining capacity is not decreased, a drive-through window can still be accommodated, and the number of parking spaces will not be less than ten (10). 3. Owner acknowledges that in the event the buildings presently in the newly dedicated right-of-way are intentionally demolished or damaged or partially destroyed by Tire or any other calamity or act of God to the extent of more than fifty percent of its reasonable value at that time, no repairs or reconstruction shall be made, unless every portion of such building is made to conform to all regulations of the district In which it is located. IN WIINESS WHEREOF, the parties have executed this Agreement this day ana year hereinabove written. CITY OF IADI, A Municipal Corporation By: Q / THOMAS A PETERSON, City Manager Attest M CARMELO TERESI, Owner 49b"yn'- 10, PAMELA TERESI, Owner %• — CITY OF LODI DEPARTMENT GRANT DEED 2241 PARTIAL ABANDONMENT 230 S. CHEROKEE LN. )Q«+ �' dd C .�.. o X05; 77.. a� fn 5 � . r � �„" ,JSy"'�" t��',= M• ; 'r• X•�' •4. (��. c vy.ja7 or, t� .+ " .� �;; ���a :.t+e:� �� �..i:3T .s its r:, � z � � � r s •ti � `fir DETAIL "A" rJ .ry'4 .;:�, E.Q moi.+ '•���tr"y.� - n "f: 1 Y... ./ ; `t14,o..NFJ�.:1 1 " . V•t •'i l �-K•i' r 'w�� _ !�K„b f ��r.�� �r Tk NF D€ED.2241- . ;'" r.�. s•�' TO REMAIN`'+,. _ 63.42' 1'0 N 20 09'40!'W: 41 64' �+ 4Tt7NL L6J FROMN SECTION D$ O 6 'a^,•�,���`�.�,,�;�.�,��.`'w.rr7`�?;;'� � K:�.,;�`"::,�i,�:,a�'-"�.`,'.,�'�r ?a`.�;�.i';!;R,"k :io,i�,;;ti�ri'a'��yy���: a��'.yRY"..f '��g� ��.( Z qy�� :4 "`y .,(. (. i' � C .f �,C � .f •yi t `� rah �*r it� .rx1r "'�y .t ���. y y ...�����w�§``t" 2.:r .S"•�jj+ �� c ,r'�, • � x 5� • 'w. .- ��Y', �� °l�w�7� �:� '.0 vr,`•'~ :♦ •�i,� � 'r a, `� '.ZY^. � ,�'� .r'. +h�" � �'�� �'". � �. 4,. i �a},`=" ?..., �,~ ., .. •'` :w ' � �tp�F}�,..+�"•. • Y'ti 4#��' .�;T"'.� ��� %"<��';�"a�`•".�, �r ,'., � .+4 '�,;�� •,�;�q�r � v�s , ,..� w;.� ti �3r•~c � f i, r :+e 'r ..._ - • �_ � Ff• "�"~� .. ... r;�; •. aG b.. _� i. �"�r�"�'.'{ ,.. .t� ':.{..•,'� � ���' � .r .fie. PORTION OF GRANT DEED 2241 TO BE ABANDONED NOTE: WITH ABANDONMENT THERE IS TO BE A 10 FOOT AREA TO BE ABANDONDED TEMPORARY CONSTRUCTION EASEMENT TO REMAIN UNTIL 2034.0 SF (PLUS OR MINUS) LODI AVE. IMPROVEMENTS ARE COMPLETED K:\CADD\SURVEY\2008\0815\dwg\East Lodi RW-JP-aerial.dwg, Dees 2241 Abandonment, 9/3/2010 1:03:24 PM WEEN RECORDED MAIL TO: City Clerk City of Lodi P.O. Bog 3006 Lodi, California 95241 TERMINATION AGREEMENT This Agreement entered into this day of CITY OF LODI, a municipal corporation, hereinafter called "City" and hereinafter called "Owner." W TNESSETH _, 2010, between the LINDA S. BOWMAN, Owner owns the property loca ed at 230 South Cherokee Lane, Lodi, California, described as a portion of Lot 5, Lodi Trotting Park, as recorded February 10, 1891 in Book of Maps, Vol. 2, page 70, San Joaquin County Records ("Property"). City and Owners' predecessors in interest, Carmelo and Pamela Teresi entered into an Agreement dated April 14, 1987 providing for the dedication of a portion of the property to City, and requiring the City to reconstruct the existing improvements if necessitated by the dedication. Subsequent to the execution of the April 14, 1987 Agreement the City determined it did not require as much right-of-way as initially contemplated, (excess right-of-way) obviating the need to destroy any portion of the building on site. (See Exhibit reflecting initial dedication and Exhibit reflecting actual need). City and Owner agree as follows: 1. City has abandoned the excess Right-of-way as indicated on Exhibit , and will execute a deed transferring the excess right-of-way back to Owner at no cost. 2. City and Owner hereby terminate the obligations of paragraphs 2 and 3 of the April 14, 1987Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement this day and year hereinabove written. CITY OF LODI, a municipal corporation OWNER KONRADT BARTLAM City Manager Attest: RANDI JOHL, City Clerk LINDA S. BOWMAN When Recorded. Return to: City d Lodi City Clerk's Office P.O. Box 3006 Lodi, CA 95241-1910 RESOLUTION NO. 2010-215 A RESOLUTION OF THE LODI CITY COUNCIL VACATING A SURPLUS PORTION OF LODI AVENUE LYING ADJACENT TO PARCEL LOCATED AT 230 SOUTH CHEROKEE LANE AND AUTHORIZING CITY MANAGER TO EXECUTE'TERMINATION AGREEMENT WHEREAS, Linda S. Bowman, the owner of 230 South Cherokee Lane (the "Property"), has requested the vacation of a portion of a street right-of-way dedicated to the City of Lodi on April 23, 1987, and more particularly described in Attachment 1; and WHEREAS, the right-of-way has not been used by the City for the purpose for which it was dedicated or for any other use; 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 requirements of Government Code 927288.1, the name of the owner of the title or interest in the Property as it appears on the latest equalized assessment roll is: Owner: Linda S. Bowman 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 street right-of-way; and WHEREAS, the property within the proposed vacation is owned in fee by the City of Lodi and will not automatically revert to the adjacent property owner at 230 South Cherokee Lane upon vacation; and WHEREAS, with the vacation of the surplus portion of the street easement, the building originally addressed in the 1987 agreement will no longer be within the street easement and the agreement is no longer necessary. NOW, THEREFORE, BE IT RESOLVED by the Lodi City Council as follows: 1. That the street right-of-way located on the southerly portion of land at 230 South Cherokee Lane (as described in Attachment 1) be vacated; and 2. That from and after the date this resolution is recorded, such property will not longer constitute a street right-of-way; and 3. That subject to the termination of the recorded agreement between the City of Lodi and Carmelo Teresi and PamelaTeresi dated April 14, 1987, the City of Lodi will transfer the vacated street easement to the Property owner, Linda S. Bowman; and 4. That City Manager is authorized to execute the Termination Agreement. Dated: December 15, 2010 hereby certify that Resolution No. 2010-215 was passed and adopted by the City Council of the City of Lodi in a regular meeting held December 15, 2010, by the following vote: AYES: COUNCIL MEMBERS— Hansen, Mounce, Nakanishi, and MayorJohnson NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS— Katzakian ABSTAIN: COUNCIL MEMBERS— None NDI JOHL City Clerk 2010-215 230 S. Cherokee Lane APN: 043-230-07 LEGAL DESCRIPTION CITY ABANDONMENT Attachment 1 A portion of the Southwest Quarter of Section 6, T3N, WE, MDB&M being more particularly described as follows: Commencing at the southwest corner of said section, thence S 87'16'30" E 260.15 feet along the South line of said section, thence N 2'09'40" W 41.64 feet, to the TRUE POINT OF BEGINNING; thence continuing N 2'09'40" W 2.72 feet to the southwest corner of parcel 'Was recorded Aug. 8, 1977 in Book 4 cf Parcel Maps at Page 190, San Joaquin County Records, and to a point on a curve having a radial of N 2'34'38" W; thence along a curve to the right having a radius of 1460.00 feet, a chord bearing S 89'51'01" W, an arc of 2'17'59", and an arc length of 58.60 feet; thence N 89'43'21" W 122.75 feet; thence N 45'58'1 1" W 17.05 feet, thence S 2'13' E 19.84 feet; thence along a curve to the left having a radius of 20.00 feet, a chord bearing S 44'44'45" E, an arc of 35°21'09", and an arc length of 12.34 feet; thence S 87°16'30" E 63.42 feet; thence N 83'32'57" E 119.07 feet to the TRUE POINT OF BEGINNING. !o. Kt 30418 tv �3+1 ,1- DECLARATION OF MAILING LETTER AND RESOLUTION TO SUMMARILYVACATE A SURPLUS PORTION OF LODI AVENUE LYING ADJACENT TO PARCEL LOCATED AT 230 SOUTH CHEROKEE LANE On December 16, 2010, 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 and resolution to summarily vacate a surplus portion of Lodi Avenue lying adjacent to parcel located at 230 South Cherokee Lane, 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. declare under penalty of perjury that the foregoing is true and correct. Executed on December 16, 2010, at Lodi, California. J �NI ER ROBISON, CMC ASSISTAN CITY CLERK Forms/decmail.doc ORDERED BY: RANDIJOHL CITY CLERK, CITY OF LODI MARIA BECERRA ADMINISTRATIVE CLERK CITY COUNCIL BOB JOHNSON, Mayor JOANNE MOUNCE, Mayor Pro Tempore LARRY D. HANSEN PHIL KATZAKIAN ALAN NAKANISHI 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 citvclerk(aflodi.pov December 16,2010 KONRADT BARTLAM City Manager RANDI JOHL, City Clerk D. STEPHEN SCHWABAUER City Attorney VACATION: TO SUMMARILY VACATE A SURPLUS PORTION OF LODI AVENUE LYING ADJACENT TO PARCEL LOCATED AT 230 SOUTH CHEROKEE LANE This is to inform you that the City Council, at its regular meeting on December 15, 2010, considered the above matter and declared the area summarily vacated and abandoned. Enclosed for your information is a certified copy of the recorded resolution along with a description of the abandoned area. Should you have questions regarding the abandonment, please contact the PublicWorks Departmentat (209) 333-6706. (ian I ohl City Clerk RJ/jmr Enclosure cc: Public Works Department vacation/corresp/(Res V acation2.doc When Recorded, Return to: City of Lodi City Clerk's Office P.O. Box 3006 Lodi, CA 95241-1910 RESOLUTION NO. 2010-215 A RESOLUTION OF THE LODI CITY COUNCIL VACATING A SURPLUS PORTION OF LODI AVENUE LYING ADJACENT TO PARCEL LOCATED AT 230 SOUTH CHEROKEE LANE AND AUTHORIZING CITY MANAGER TO EXECUTE TERMINATION AGREEMENT WHEREAS, Linda S. Bowman, the owner of 230 South Cherokee Lane (the "Property"), has requested the vacation of a portion of a street right-of-way dedicated to the City of Lodi on April 23, 1987, and more particularly described in Attachment 1; and WHEREAS, the right-of-way has not been used by the City for the purpose for which it was dedicated or for any other use; 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 requirements of Government Code 927288.1, the name of the owner of the title or interest in the Property as it appears on the latest equalized assessment roll is: Owner: Linda S. Bowman 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 street right-of-way; and WHEREAS, the property within the proposed vacation is owned in fee by the City of Lodi and will not automatically revert to the adjacent property owner at 230 South Cherokee Lane upon vacation; and WHEREAS, with the vacation of the surplus portion of the street easement, the building originally addressed in the 1987 agreement will no longer be within the street easement and the agreement is no longer necessary. NOW, THEREFORE, BE IT RESOLVED by the Lodi City Council as follows: 1. That the street right-of-way located on the southerly portion of land at 230 South Cherokee Lane (as described in Attachment I ) be vacated; and 2. That from and after the date this resolution is recorded, such property will not longer constitute a street right-of-way; and 3. That subject to the termination of the recorded agreement between the City of Lodi and Carmelo Teresi and PamelaTeresi dated April 14, 1987, the City of Lodi will transfer the vacated street easement to the Property owner, Linda S. Bowman; and 4. That City Manager is authorized to execute the Termination Agreement. Dated: December 15, 2010 ------------------------------------------------------------------- ------------------------------------------------------------------- I hereby certify that Resolution No. 2010-215 was passed and adopted by the City Council of the City of Lodi in a regular meeting held December 15, 2010, by the following vote: AYES: COUNCIL MEMBERS— Hansen, Mounce, Nakanishi, and MayorJohnson NOES: COUNCIL MEMBERS —None ABSENT: COUNCIL MEMBERS— Katzakian ABSTAIN: COUNCIL MEMBERS— None ANDI JOHL City Clerk 2010-215 230 S. Cherokee Lane APN: 043-230-07 M-1 MW '1411 2;96 Attachment 1 A portion cfthe Southwest Quarterof Section 6, W R7E, MDB&M being more particularly described as follows: Commencing at the southwest comer of said section, thence S 87' 16'30E 260.'(5 feet along the South line of said section, thence N 2'09'40"W 41.64 feet, to the TRUE POINT OF BEGINNING; thence continuing N 2'09'40 W 2.72 feetto the southwest comer cf parcel "A" as recorded Aug. 8, 1977 in Book 4 cf Parcel Maps at Page 190, San Joaquin County Records, and to a point on a curve having a radial cf N 2'34'38W; thence along a curve to the right having a radius of 1460.00 feet, a chord bearing S 89'51'01'W, an arc of 2' 17'59", and an arc length of 58.60 feet; thence N 89'43'21'W 122.75feet; thence N 45'58'11" W 17.05feet, thence S 2'13' E 19.84 feet; thence along a curve to the lefthaving a radius cf 20.00 feet, a chord bearing S 44' 44' 45E, an arc of 35°21'09", and an arc length cf 12.34feet; thence S 87°16`30"E 63.42 feet; thence N 83'32'57"E 119.07feetto the TRUE POINT OF BEGINNING. do. RCE 30418 ,r, VACATION / ABANDONMENT MAILING LIST RESOLUTION OF INTENTION (Seffing Public Hearing) Certified copv w/cover letter to: PG&E 12W. Pine Street Lodi, CA 95240 AT&T 6505 Tam O Shanter Drive Stockton, CA 95210 Certified copies to: Denise Wiman, Public Works Wes Fujitani, Public Works Community Development Department Police Department AT&T California Fire Department 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 RESOLUTION OF VACATION (After Public Hearing) Certified copy w/coves letter: PG&E AT&T Pacific Bell Central Valley Waste Services Chief Deputy County Surveyor Denise Wiman, Public Works Wes Fujitani, Public Works Community Development Department Police Department Fire Department vacation/misc/mailist.doc Thomas Coleman 4200 Canyon Way Martinez, CA 94553 Linda Bowman P.O. Box 1742 Martinez, CA 94553-0742 CITY COUNCIL BOB JOHNSON, Mayor JOANNE L. MOUNCE, Mayor Pro Tempore LARRY D. HANSEN PHIL KATZAKIAN ALAN NAKANISHI Thomas Coleman 4200 Canyon Way Martinez, CA 94553 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 htt p:\\www .lodi .gov December9,2010 KONRADT BARTLAM City Manager RANDIJOHL City Clerk D. STEVEN SCHWABAUER City Attorney F. WALLY SANDELIN Public Works Director SUBJECT: Adopt Resolution of Vacation of Surplus Portion of Street Easement on Lodi Avenue Adjacent to Parcel Located at 230 South Cherokee Lane (Jimboy's Tacos Building) and Authorizing City Managerto Execute Termination Agreement Enclosed is a copy of background information on an item on the City Council agenda of Wednesday, December 15, 2010. 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 letterto 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-deliverthe letterto 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 Randi Johl, City Clerk, at (209) 333-6702. If you have any questions about the item itself, please call Lyman Chang, Senior Civil Engineer, at (209) 333-6800, extension 2665. F'Wally Sandelin 4;e - Public Works Director FWS/pmf Enclosure cc: City Clerk NCC -ABANDONMENT -230 S CHEROKEE.DOC