HomeMy WebLinkAboutAgenda Report - October 5, 1988 (44)or
--�oc LOD
V1'r0pPPUBLIC WORKS DEPARTMENT
TO: City Counci?
FROM: City Manager
FC-071UNICIL COMIMUNICATION
MEETING DATE: October 5, 1988
AGENDA TITLE: Adopt Resolution of Intention to Vacate the West 15 Feet of
Ravenwood way, Rrfer the Platter to the Planning Coriission,
and Set the Matter for Public Hearing for November 2•, 1988
RECOMMENDED ACTION: That the City Council adopt a resolution of intention
to abandon the west 15 feet of Ravenwood VUR as shown on the attached
exhibit; refer the matter to the Planning Commission; and set it for public
hearing at the regular Council meeting of November 2, 1988.
BACKGROUND INFORMATION: This abandonment has been requested by Gibraltar
Community Builders pursuant to an order issued by the Superior Court.
Wilbert and Roberta Ruhl obtained a judgement establishing certain easement
rights in their favor over a portion of the Nam Ranch Subdivision.
Gibraltar and Ruhl have agreed upon a method of resolving this dispute
whereby Gibraltar will grart the Ruhl's easement rights in exchange for
certain consideration. Specifically, the Ruhls will obtain a 15 -foot
easement over the westerly portion of Lots I and 20 in the Nam Ranch
Subdivision as well as the westerly 15 feet of Ravenwood Way. In order to
accomplish this, the City of Lodi will need to vacate and abandon the
westerly 15 feet of Ravenwood V4 as well as aportion of certain
improvements along Almond Drive where the Ruhl's roadway would intersect
Ahnond Drive. Gibraltar will then construct a fence along the boundary
between the Ruhl property and Noma Ranch. The fence to be constructed at the
end of Ravenwood Waj would have a gate with a City lock.
The owners have paid the required fees to process this abandonment. Pacific
Bell, PG&E, King Videocable Company, and City utilities have been notified of
this proposed abandonment and their approval will be secured prior to the
final action.
In exchange for the abandonment and vacation, the adjacent owners, Wilbert
and Roberta Ruhl, have agreed to execute a deed restriction, to be recorded
and run with the land, obligating them or their successors in interest to
restore the public rights-of-way at such time as they or their successors in
interest seek any development permit or map, at their mn cost. This simply
means that at such time as the adjacent Ruhl property is used for anything
other than its present agricultural uses, the owners of the property at that
time will be required to rededicate to the City the land abandoned here, and
APPROVED: �. (I 1 FILE No.
CABAND10/TXTW.02M September 28, 1988
City Council
October 5 1988
Page 2
to provide the extension of such public rights-of-way in conjunction with any
development.
foQ.F.L-Ronskoorks Director
JLR/WF/mt
Attachment
cc: Paul Landes
MEMORANDUM
To: Jack Ronsko
Public Works Director
From: Alice M. Reimche
City Clerk
Date : October 7, 1988
Subject: Posting Notices Regarding Intention to Vacate the West Fifteen
Feet of Ravenwood VW as Shown on the Attached Exhibit
Please be advised that the Lodi City Council at its regular meeting of
October 5, 1988 adopted Resolution No. 88-140 entitled Resolution of
Intention to Vacate the West Fifiteen Feet of Ravenwood Way.
Further, Council referred the matter to the Planning Commission for a
recommendation and set the matter for public hearing at the regular
meeting of November 2, 1988.
Section 8322 of the State of California Streets and Highways Code
provides that the Superintendent of Streets shall post notices
pertaining to the Resolution of Intention on the subject property at
least 10 days before the hearing. The code further provides that there
shall be at least three notices and they shall not be spaced any
further apart than 300 feet.
Please provide ne with a Declaration of Posting when this task has been
accompli shed.
Alice M. Rennche
City Clerk
AMR: j j
VAC/POST
TXTA.02D
Cl TY COUNCIL
JA --,IES W PINKERION, Ir, Ntavor
JO FI` R. (Randy) SNIDER
tayor Pro Tempore
DP+VID ,M HINCHNIAN
E V E LYN M. OLSON
FR €D :%t. REID
CITY OFLODI
CITY HALL. 221 WEST PINE STREET
CALL BOX 3006
LODI, CALIFORNIA 952.31-1910
(209) 334-5631
TEIE<OPIER (209)333-6795
To : Honorable Chairman and
Members of the City of Lodi Planning Commission
From : Alice M. Reimche
City Clerk
Date : October 7, 1988
THOMAS A PETERSON
City lvlanager
ALICE M REIMCHE
City Clerk
BOB McNATT
CitY Attorney
Subject: Resolution of Intention to vacate the west 15 feet of Ravenwood Vaj
as shown on the attached exhibit
Please be advised that the Lodi City Council, at its regular meeting of October
5, 1988 adopted Resolution No. 88-140 - Resolution of the City Council of the
City of Lodi Declaring its Intention to Vacate the west 15 feet of Ravenwood
VW as shown on the attached exhibit.
Further, Council referred the matter to the Planning Commission for its
recommendation and set the matter for public hearing on November 2, 1988.
Enclosed is a certified copy of Resolution No. 88-140.
AMR:jj
Enc.
VAC/PLAN.COM
TXTA.02D
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Llw'i &'4WIL
Alice M. Relmche
City Clerk
RESOLUTION NO. 88-140
RESOLUTION OF INTENTION TO VACATE THE Vv5T FIFTEEN FEET OF RAVENWOOG WAY
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 Sections 8300 et seq. of the Streets and
Highways Code of the State of California, to vacate and abandon the west 15 feet
of Ravenwood Way described as follows:
The westerly fifteen feet of Ravenwood Way as shown on "Noma
Ranch!' as filed for record October 30, 1984, in `b une 27, Book
of Maps and Plats, Page 9, San Joaquin County Reco ds.
Reserving and excepting from this abandonment an F 3sement to
construct, maintain, .repair, replace, remove, and operate
public utilities, both publicly and privately owned.
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.
BE IT FURTHER FINOLMD that this vacation of right-of-way is premised upon
the mutual covenant of the owners of the adjacent property, Wilbert and Roberta
Ruh?, to execute and record a deed restriction on the benefitted property,
establishing an obligation of the Ruhls or their successors in interest, upon
future application for any development permit or map, to restore and complete the
public facilities on Ravenwood V4 and Almond Drive.
BE IT FURTHER RESOLVED that this City Council does hereby fix Wednesday,
November 2, 1988, at the hour of 7:30 p.m., in the City Council Chamber, City
Hall, 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.
BE IT FURTHER RESOLVED that the Public Works Director shall cause to be
posted notices of vacation conspicuously along the line of the portion of the
street 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.
BE IT FURTHER RESOLVED that copies of this resolution shall be published for
at least two successive weeks prior to November 2, 1988 in the "Lodi News
Sentinel", a daily newspaper of general circulation printed and published in the
City of Lodi, County of San Joaquin.
Dated: October 5, 1988
I hereby certify that Resolution Pio. 88-140 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held October 5, 1988, by the
fol l owing vote:
Ayes: Councilmembers - Hinchman, Olson, Reid, Snider and Pinkerton (Mayor)
Noes: Councilmembers - None
Absent: Councilmembers - None
ALICE M. REIMCHE
City Clerk
88-140
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