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HomeMy WebLinkAboutAgenda Report - November 1, 1989 (70)OFjF'j1. W04ZKSDEPARTMENT T9: City Council FROM: City Manager MEETING DATE: November 1, 1989 AGENDA TITLE: Public Hearing to Consider Resolution to Vacate a Portion of the Public Utility Easement at 210 South School Street RECOMMENDED ACTION: That the City Council adopt an order abandoning a ' portion of the public utility easement at 210 South School Street. BACKGROUND INFORMATION: At its meeting of September 20, 1989, the City Council adopted a resolution of intention to vacate a portion of the public utility easement at 210 South School Street and referred the matter to the Planning Commission, z The Planning Commission determined at its meeting of October 9, 1989 that there was no public need, present or future, for this portion of the t easement. All public utilities in this easement have or will be relocated at the owner's expense. ; The owners have paid the required fees to process this abandonment. Pacific Sell, Pacific Gas and Electric Company, King Videocable Company and City } utilities have been notified of this proposed abandonment and their approval has been secured. A sketch of the pr osed abandonment is attached. yPuiLc Ronsko r orks Director JLR/`/mt Attachment APPROVED: n �. _ FILE NO. 71HOMAS A. PETERSON City Manager CABAND14/TXTW.02M c.oSer )89 RESOLUTION NO. 89-132 RESOLUTION OF INTENTION TO VACATE A PORTION 2F THE PUB11C UTILITY EASEYEWT AT 210 SOUTH SCHOOL STREET LM BE IT RE`MMD by the City Council of the City of Lodi as follows: It is the intention of the City Council cf the City of Lodi, acting in accordance with the provisions of Secticns 8300 et seq. of the Streets and Highways Code of the State of California, to vacate and abandon the portion of the public utility easement located at 210 South School Street, Lodi as shown on Exhibit A attached hereto and thereby made a part hereof. 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 RESOLMD that this City Council does hereby fix Wednesday, November 1, 1989, at the hour of 7:30 p.m., in the Council Chamber, Carnegie Forum, 305 West Pine ftreet, Lodi, California, as the time and place when and where all persons interested in or objecting to this proposed vacation may ai )ear before this City Council and be heard; BE IT FURTHER RESOLMD that the Public Works Director shall cause to be posted notices of easement vacation conspicuously along the line of the easement hereinabove described and proposed to be vacated in the manner, form, and for th2 length of time set forth in Section 8323 of the Streets and Highways Code of the State of California; BE IT FURTHER RESOLMD that copies of this resolution shall be published for at least two successive weeks prior to November 1, 1989 in the "Lodi NbAs Sentinel", a daily nt,hspaper of gene: 1 circclation printed and published in the a City of Lodi, County of San Joaquin. Dated : September 20, 1989 I hereby certify that Resolution No. 89-132 was passed an6 adopted by the City Council of the City of Lodi in a regular meeting held September 20, 1989, by the following vote: Ayes: Councilmembers - Hinchman, Olson, Pinkerton, Reid and Snider { Noes: Councilmembers - None Absent: Counci lmembers - None ALICE M. REIMCHE City Clerk 89-132 RES89132/TXTA.02J CITY OF LODI PUBLIC WORKS DEPARTMENT l__j ,WA4NUT ST. A vo. t EASEMENT ABANDONMENT 210 S. 9C/rosD/ 5t. ' tt Exhibit A k.. t H � , A vo. t EASEMENT ABANDONMENT 210 S. 9C/rosD/ 5t. ' tt Exhibit A k.. JM leo. veto MNNoo Apr. I App ro.N Vv Mlle Now%• Mroefor *of* Ilt l H v JM leo. veto MNNoo Apr. I App ro.N Vv Mlle Now%• Mroefor *of* Ilt l What recorded, return --tD: !1/1 City Clerk City of Lodi Call Box 3006 Lodi, CA 95241 RESOLUTION/ORDER NO. 89-162 RESOLUTION/ORDER VACATING A PORTION OF THE PUBLIC UTILITY FA41V1 NT LOCATED AT 210 SOLTIH SCHOOL STREET, LODI WHFRM the City Council of the City of Lodi, acting in accordance with -the provisions of Sections 8320 et seq. of the Streets and Highways Code of the State of California, did on the 20th -day of September, 1989, pass and adopt Resolition No. 89-132, therein declaring the intention of said City Council to vacate a portion of the public utility easement located at 210 South School Street, Lodi, California, and more particularly described in said resolution; and WHEREAS, said matter has been referred to the Planning Commission of the City of Lodi and a favorable recommendation has been made by said Planning Commission to this City Council; and WHEREAS, notice of adoption of said Resolution of Intention to vacate was regularly given by publication in the "Lodi NbAs Sentine?", a newspaper of general circulation published in the City of Lodi, County of San Joaquin, and by posting or, the property, both in the time, form, and manner as required by law, and there are on file in the office of the City Clerk affidavits showing said publication and posting; and WHEREAS, in accordance with the notice given in said Resolution No. 89-132, a public hearing was held before said City Council in the Council Chamber, Carnegie Forum, 305 West Pine Street, Lodi, California, at 7:30 p.m., on November 1, 1989; and WHEREAS, at the aforesaid time and place set for public hearing, no person appeared to object to the vacation of said portion of the public utility easement; and WHEREAS, the City Council of the City of Lodi did then and there determine, at said public hearing, that the portion of the public utility easement more particularly hereinafter described is unnecessary for present or prospective pub?ic use; NOW, THEREFORE; IT IS HEREBY ORDERED, pursuant to the foregoing findings and under the authority of Sections 8320, et seq., of the Streets and Highways Code of the State of California, that there is hereby abandoned and vacated a pertion of that certain public utility easement situated in the City of Lodi, County of San Joaquin, State of California, more particularly described as follows: RESOLUTION/ORDER NO. 89-162 Page 2 The west 5.00 feet of the east 47.00 feet of the south 40.00 feet of Lot 2 in Block 18 as shown upon W entitled MOKELUMNE (now City of Lodi), filed for record August 25, 1869 in Vohune 2 of Maps and Plats, Page 12, San Joaquin County Records. Reference i s 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. Dated: November 1, 1989 I hereby certify that Resolution/Order No. 89-162 vacating the portion of the public uti 1 ity easement heretofore described was passed and adopted by the City Council of the City of Lodi in a regular meeting held Wednesday, November 1, 1989 by the following vote: Ayes : Council Members - Hinchman, Olson, Pinkerton and Snider (Mayor) Noes = C o n i 1 Memters - None Absent: Council Members - Reid d&t )� . ALICE M. kIMCHE City Clerk 89-162 RES89163/TXTA.02J r V OF n P c�,s pP PUBLIC WORKS DEPARTMENT z h J� Ne. 1 Date -Y.ALNUT 57,' t 2 3 4 5'_ _ ......_ A v15. I N4,0416" Approved Ef PWrt{c "who Dbecfer Doi• Ilk,j. V a:. A v15. I N4,0416" Approved Ef PWrt{c "who Dbecfer Doi•