HomeMy WebLinkAboutAgenda Report - June 5, 2013 G-01 PHAGENDA ITEM -I
CITY OF LODI
COUNCIL COMMUNICATION
TM
AGENDA TITLE: Public Hearing to Consider Adopting Resolution Vacating Pedestrian Access
Between Holly Drive and Daisy Avenue, East of Ham Lane
MEETING DATE: June 5, 2013
PREPARED BY: Public Works Director
RECOMMENDED ACTION: Public hearing to consider adopting resolution vacating pedestrian
access between Holly Drive and Daisy Avenue, east of Ham Lane.
BACKGROUND INFORMATION: The proposed vacation is requested by Mr. Tom Ushing, who resides
at 700 Daisy Avenue. The proposed vacation is a 10 -foot wide
pedestrian access surrounded by four residential properties located at
.700DaisyAvenue,_ 648_ -Daisy Avenue,__915 _Holly Drive -and -WO Holly_D_ rive,__as shown on _Exhibits A and B.
The pedestrian access was dedicated to the City in 1955 as part of the Bel Air Estates Subdivision and
was intended for use by George Washington Elementary School students living north of Holly Drive as a
pathway to get to school. Recently, Lodi Unified School District modified the school boundaries so that
students residing north of Holly Drive are now within the Lakewood School boundary, as shown on
Exhibit C. Public Works staff contacted Lodi Unified School District and received support for the
proposed vacation, as reflected in the attached email (Exhibit D).
The request is primarily driven by property owners tired of dealing with increased transient use, graffiti,
fights and even motorcycle use. However, the pedestrian access allows access to cross the Union Pacific
Railroad tracks without any safety measures for pedestrians. Staff believes the crossing should also be
eliminated for public safety.
On July 9, 2012, staff notified the four adjacent property owners in writing of the terms and conditions of
the proposed vacation. The property owners will be required to remove the existing fencing, possibly the
pavement and replace the fencing at the owners' expense. Three property owners responded with letters
stating they would like to participate in the acquisition from the City. The home owners at 700 and
648 Daisy Avenue have both accepted and will receive half (five feet) of the City property. Of the two
Holly Drive home owners, only the one at 915 Holly Drive wanted to participate and will therefore receive
the entire City property (10 feet) located between 915 and 909 Holly Drive.
No public or private utilities are located within the 10 -foot wide pedestrian access. All public and private
utility companies have been contacted in writing and have approved the vacation of the pedestrian access.
As Council recalls, street abandonments normally go to the Planning Commission for a determination of
whether the abandonment is consistent with the City's General Plan. However, the pathway easement
before the Council tonight is considered a limited "Public Service Easement" (Streets and Highways
Code Section 8306). Public Service Easements are subject to summary abandonment procedures and
need not be referred to the Planning Commission (Streets and Highways Code Section 8333). Because
APPROVED:
nradt Bartlam, City Manager
K:\WP\DEV—SERV\Holly and Daisy Ped Access Vacation\CCPH-Ped Access at Holly and Daisy.doc
05/08/2013
Public Hearing to Consider Adopting Resolution Vacating Pedestrian Access Between Holly Drive and
Daisy Avenue, East of Ham Lane
June 5, 2013
Page 2
this abandonment is based on public safety considerations, and because Planning Commission review is
not required, staff elected not to take the additional time to pursue Planning Commission consideration.
The property within the proposed vacation is owned in fee by the City and will not automatically revert to
the adjacent property owners upon vacation. The owners wish to acquire the vacated right-of-way to
remedy the public safety issue referenced above. The cost to the property owners for the improvements
to remove the existing fencing and concrete and install new fencing is close enough to the value of the
property being vacated, particularly since the property would have little value on the open market. Staff
feels that the owners' request is reasonable and is similar to past practice whereby street improvements
have been exchanged for right-of-way dedications.
Staff recommends City Council authorize the City Manager to execute an agreement with the property
owner for the exchange of the surplus right-of-way for the removal of the existing fencing and concrete
and installation of new fencing, in conformance with City standards and to the approval of the Public
Works Department.
FISCAL IMPACT: Not applicable.
FUNDING AVAILABLE: Not applicable.
�J �
F. Wally So elin
Public Works Director
Prepared by Chris Boyer, Associate Engineer
FWS/CRB/pmf
Attachments
cc: Charlie Swimley, City Engineer/Deputy Public Works Director
Denise Wiman, Senior Engineering Technician
K:\WP\DEV SERV\Holly and Daisy Ped Access Vacation\CCPH-Ped Access at Holly and Daisy.doc 05/08/2013
CITY OF
PUBLIC WORKS DEPARTMENT
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GEORGE WASHINGTON
SCHOOL
EXHIBIT A
DAISY AVE AND HOLLY DR
VACATE PEDESTRIAN ACCESS
VACATE
10' WIDE
ACCESS
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COLUMBIA
WASHINGTON (GEORGE)
ELEMENTARY SCHOOL
831 W.Lockeford Street
Lodi, CA 95240
(209) 331-7451
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COLUMBIA
WASHINGTON (GEORGE)
ELEMENTARY SCHOOL
831 W.Lockeford Street
Lodi, CA 95240
(209) 331-7451
SONORA
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Exhibit D
Chris Boyer
From:
Vickie Brum (Facility Planning) [vbrum@lodiusd.net]
Sent:
Monday, December 12, 2011 D9:01 AM
To:
Chris Boyer
Subject:
Walkway Easement Abandonment
Follow Up Flag:
Follow up
Flag Status:
Flagged
Chris,
The District supports the City of Lodi quest to abandon the walkway easement off Daisy Avenue.
Let me know what you need the District to do to make this happen.
Sincerely,
Vickie Brum
Planning Analyst II
Facilities and Planning
PHONE: 209.331.7223
TAX. 20-9,331.7229
EMAIL: vbrum@1odiusd.net
WHEN RECORDED, RETURN TO:
City Clerk
City of Lodi
221 West Pine Street
Lodi, CA 95240
AGREEMENT FOR THE ACQUISITION OF VACATED RIGHT-OF-WAY
THIS AGREEMENT is made and entered into by and between the CITY OF LODI, hereinafter
referred to as "City" and CAROLINE L. LONG, Trustee of The Caroline L. Long Trust, hereinafter
referred to as "Owner".
RECITALS:
City is the owner of that certain real property situated in the City of Lodi, County of San Joaquin,
depicted in Exhibit A attached hereto and incorporated herein by this reference and described as
follows:
See Exhibit A
WHEREAS, the City has adopted Resolution of Vacation (Resolution No. attached
as Exhibit B) to vacate a 10 -foot pedestrian access grant deed lying adjacent to Owner's parcel at
915 Holly Drive (APN 037-110-05); and
WHEREAS, the existing Public Service Easement is no longer used by the Lodi Unified
School District; and
WHEREAS, the existing Public Service Easement contains no public or private utilities; and
WHEREAS, Owner wishes to acquire the vacated 10 -foot pedestrian access to stop
pedestrian access between Daisy Avenue and Holly Drive;
NOW THEREFORE, it is mutually stipulated and agreed as follows:
1. Owner agrees to remove and replace, at Owner's expense, the existing 10 -foot pedestrian
access with a fence along the new property line. The fence fronting the Union Pacific Railroad
property shall be installed within 90 days of the execution of said agreement. Owner further
agrees to remove the existing public improvements at its expense.
2. City agrees to present owner with a grant deed for the vacated pedestrian access in exchange
for the above specified improvements.
3. Owner agrees to save, defend, indemnify and hold harmless the City, its officers, agents and
employees, from liability of any nature whatsoever arising from Owner's use or occupation of
the pedestrian access right-of-way.
4. This agreement shall run with the land and be binding on the Owner, its heirs, successors or
assigns.
-I-
5. Herein is set forth the entire agreement between the parties. The performance of these
conditions constitutes full performance and shall relieve City of all further obligations or claims.
6. In the event either party hereto breaches the terms, conditions and covenants of this
Agreement, then, the prevailing party in any suit to enforce this Agreement or restrain the
breach thereof, shall in addition to any other relief or damages awarded, be entitled to a
reasonable attorney's fee and all costs of suit to be set and determined by any court of
competent jurisdiction and added to any judgment obtained.
7. This agreement shall be recorded in the office of the San Joaquin County Recorder,
P. O. Box 1968, Stockton, California, 95201-1968.
IN WITNESS WHEREOF, Owner and City have caused their names to be hereunto affixed and the
City of Lodi has caused its corporate name and seal to be hereunto affixed by its proper officers
thereunto duly authorized.
CAROLINE L. LONG
Date
CITY OF LODI, A MUNICIPAL CORPORATION
By:
(CORPORATE SEAL)
Konradt Bartlam, City Manager Date
ATTEST:
Randi Johl, City Clerk
APPROVED AS TO FORM:
Date
D. Stephen Schwabauer, City Attorney
0��>
-2-
550
DEED: 10' strip iii vi c. of Het Air No. 2,
Lt. 19 and Holly Dr.
FROK: Max D. Stone, Bel Air Estates
DATEL: February 4, 1956
RECO RLF' February 13, 1956, Book 2042
page 214, InFtr. No. 5690
ENCL.oSU5cS:
I. !leed
2. Letter of Agreement
037-//
r 14
M,
THIS INDENTURE, made this...............lith day of ... FebruSl' ! ------------- 119................ 19....r'.8-
BETWEEN---------------------------M-ljt:rA2 .: ,4. `I'A' ' S_}...Z.N...........---------._.......--------•----•---------•------------------.....
...........................................................--------------
the
..,.__------the part.Y.. of the first part and the CITY OF LODI, a municipal corporation of the State of California, the party
of the second part:
WITNESSETH, that the said party.. -of 'the first part for value received, do hereby GRANT unto the said party
of the second part and to its successors in governmental functions forever, all the ............ certain lot........, piece........,
or parcel........ of land situate, lying and being in the ...................._..........._._._ ... ...........
.....__........._....,._..._.�....._........�...
County of San Joaquin, State of California, and bounded and particularly described as follows:.
A strip of land Ten (10) feet in width being more particularly
described as follows:
Beginning at the Southeast corner of Lot 19, Bel Air
Estates Unit 2, as filed for record December 28, 1955 in Vol. 14,
page 79, Book of Maps and Flats, Sari Joaquin County Records; thence
North 67018' West along the South line of said Lot 19 and the North
line of the Southern Pacific Railroad Company right of way 20.19
feet; thence South 22042' West 60 feet to a point on the South line
of the Southern Pacific Railroad Company right of way and the true
point of beginning; thence South 22042' West 95 feet to a point on
the North line of Holly Drive; thence North 67018' West along the
North line of Holly Drive and parallel to the South line of the
Southern Pacific Railroad Company right of way 10 feet; thence
North 22042' East 95 feet to a point on the South line of the
Southern Pacific Railroad Company right of way; thence South 67118'
East along the South line of the Southern Pacific Railroad Company
right of way 10 feet to the true point of beginning. `,
Description approved:
............
..... - - --------- - - - ---
Dated- ------------- •FeJ?_�._ �{ s...�.s,........._..._ .,._..,.�
dM
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----------------------
jrWc—,s'.
STATE OF CALIFORNIA,-��
5S.
COUNTY OF Ban 5oaQ11jn
ON THIS ........ _.? _._...... _.... day of.......... —February. . ...................... 19.5a..., before me,
DelR a Mooherry.
a Notary Public in and for said County and State, personally appeared .............. _
................ known to me to be the
.:' President, attknown to me to be the
. ..
.... ..,..Secretary of the.....,.
the Corporation that executed the within Instrument, known to me to be the persons who executed
the within Instrument on behalf of the Corporation therein named, and acknowledged to me that
such Corporation executed the same, and acknowledged to me that such corporation executed the
M* within instrument pursuant to its by-laws or a resolution of its board of directors.
' WITNESS, my hand and official seal. 7 �%
!v
Notifry Public in and for said County and S e.
ACKNOWLEDGMENT—Carp.—Pres. & Secy.—Form 997
Misc. 146 (G.s.) Rev. 9-51 9-18-51 5M
WHEN RECORDED, RETURN TO:
City Clerk
City of Lodi
221 West Pine Street
Lodi, CA 95240
AGREEMENT FOR THE ACQUISITION OF VACATED RIGHT-OF-WAY
THIS AGREEMENT is made and entered into by and between the CITY OF LODI, hereinafter
referred to as "City" and AUDRIE E. FUGATE, Trustee of the AUDRIE E. FUGATE REVOCABLE
LIVING TRUST, hereinafter referred to as "Owner
RECITALS:
City is the owner of that certain real property situated in the City of Lodi, County of San Joaquin,
depicted in Exhibit A attached hereto and incorporated herein by this reference and described as
follows:
See Exhibit A
WHEREAS, the City has adopted Resolution of Vacation (Resolution No. attached
as Exhibit B) to vacate a 5 -foot pedestrian access grant deed lying adjacent to Owner's parcel at
648 Daisy Avenue (APN 039-190-19); and
WHEREAS, the existing Public Service Easement is no longer used by the Lodi Unified
School District; and
WHEREAS, the existing Public Service Easement contains no public or private utilities; and
WHEREAS, Owner wishes to acquire the vacated 5 -foot pedestrian access to stop
pedestrian access between Daisy Avenue and Holly Drive;
NOW THEREFORE, it is mutually stipulated and agreed as follows:
1. Owner agrees to remove and replace, at Owner's expense, the existing 5 -foot pedestrian
access with a fence along the new property line. The fence fronting the Union Pacific Railroad
property shall be installed within 90 days of the execution of said agreement. Owner further
agrees to remove the existing public improvements at its expense.
2. City agrees to present owner with a grant deed for the vacated pedestrian access in exchange
for the above specified improvements.
3. Owner agrees to save, defend, indemnify and hold harmless the City, its officers, agents and
employees, from liability of any nature whatsoever arising from Owner's use or occupation of
the pedestrian access right-of-way.
4. This agreement shall run with the land and be binding on the Owner, its heirs, successors or
assigns.
-1-
5. Herein is set forth the entire agreement between the parties. The performance of these
conditions constitutes full performance and shall relieve City of all further obligations or claims.
6. In the event either party hereto breaches the terms, conditions and covenants of this
Agreement, then, the prevailing party in any suit to enforce this Agreement or restrain the
breach thereof, shall in addition to any other relief or damages awarded, be entitled to a
reasonable attorney's fee and all costs of suit to be set and determined by any court of
competent jurisdiction and added to any judgment obtained.
7. This agreement shall be recorded in the office of the San Joaquin County Recorder,
P. O. Box 1968, Stockton, California, 95201-1968.
IN WITNESS WHEREOF, Owner and City have caused their names to be hereunto affixed and the
City of Lodi has caused its corporate name and seal to be hereunto affixed by its proper officers
thereunto duly authorized.
AUDRIE E. FUGATE
Date
CITY OF LODI, A MUNICIPAL CORPORATION
By:
(CORPORATE SEAL)
Konradt Bartlam, City Manager Date
ATTEST:
Randi Johl, City Clerk
APPROVED AS TO FORM:
Date
D. Stephen Schwabauer, City Attorney
'��M
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This is to certify that the interest in real property conveyed by the Deed
or Grant dated ..... ...... ....._......January' . 30, 1958..�....�.„�.����...�. from
John Faszer and Emma Faszer
to the City of Lodi, a political corporation, is hereby accepted by the under-
signed pursuant to order of the City Council adopted on September 18, 1957,
a certified copy of which Resolution was recorded on September 20, 1957, in
Volume 2002, Page 283, Official Records of San Joaquin County, and the
Grantee consents to recordation thereof by its duly authorized agent,
DATED: February 6. 1958
1142 FaMS rutlk'9 S:E1313 135B
THIS INDENTURE, made this ............ --D . ...`...................... day of ....... ..C.0 .».........�......»., 19, 5:. _
BETWEEN.»..,..._.»....»...QH]`L..FflSZFR„and.. FMMA, FASZER............ ... eJ_............ ............... ...».._.»»..
» ............_..... ..__...».. ,»...,,..... .. .,._..._.._.. --.....»......»..».................»...».---........... ..........
the part.... of the first part and the CITY OF LODI, a municipal corporation of the State of California, the party
of the second part:
WITNESSETH, that the said part.... of the first part for value received, do hereby GRANT unto the said party
of the second part and to its successors in governmental functions forever, all the ............ certain lot........, piece........,
or parcel........ of land situate, lying and being in the...................................:...................................h.....................................
County of San Joaquin, State of California, and bounded and particularly described as follows:
A strip of land Five (5) feet in width being more
particularly described as follows:
Beginning at the Southeast corner of Lot 19, Bel Air
Estates Unit 2, as filed for record December 28, 1955, in
Vol. 14, page 79, book of Maps and Plats, San Joaquin County
Records; thence North 67018' West along the South line of said
Lot 19 and the North line of the Southern Pacific Railroad.
Company right of way 20.19 feet to the true point of beginning;
thence North 22042' bast 100 feet to a point on the South line
of Daisey Avenue in Alshire Park as filed for record June 28,
1955, in Vol. 14, page 60, Book of Maps and Plats, San Joaquin
County Records; thence Northwesterly along the Scuth lime of
said Daisey Avenue 5 feet; thence South 22042' West 100 feet
to a point on the South line of said Lot 19, and the North
line of the Southern Pacific Railroad Company right of way;
thence South 67018' East 5 feet to the true point of beainnina.
Description approved: r
9tI -----------
Dated:
. ---Dated: ..�__..... �<... 9.J 8 .....................
STATE OF CALIFORNIA,
County of San Joaquin, ss.
On »-- FEBRUARY _ 3,193$ »w ...........................
before me, ...nAROLD F. BRODERICK a Notary
Public in and for said County and State, personally
appeared JOHN FASZER AND EMMA FASZER
+• *'...........................................................
fi
nv�vu.tae 'be the person+ whose name ..A3 ..».....
st biQiked tio.•x a within instrument and acknowledged
#ltat..,.».. executed the s7dL-e-r_�
*- - : -- _Notary Public
My Commission expires: JULY 30,1961
................................
When recorded, please mail this instrument to
City Clerk, City Hall, Lodi, California.
RECORDING DATA
WHEN RECORDED, RETURN TO:
City Clerk
City of Lodi
221 West Pine Street
Lodi, CA 95240
AGREEMENT FOR THE ACQUISITION OF VACATED RIGHT-OF-WAY
THIS AGREEMENT is made and entered into by and between the CITY OF LODI, hereinafter
referred to as "City" and THOMAS J. USHING AND LYNDA USHING, husband and wife, as Joint
Tenants, hereinafter referred to as "Owner".
RECITALS:
City is the owner of that certain real property situated in the City of Lodi, County of San Joaquin,
depicted in Exhibit A attached hereto and incorporated herein by this reference and described as
follows:
See Exhibit A
WHEREAS, the City has adopted Resolution of Vacation (Resolution No. attached
as Exhibit B) to vacate a 5 -foot pedestrian access grant deed lying adjacent to Owner's parcel at
700 Daisy Avenue (APN 039-183-19); and
WHEREAS, the existing Public Service Easement is no longer used by the Lodi Unified
School District; and
WHEREAS, the existing Public Service Easement contains no public or private utilities; and
WHEREAS, Owner wishes to acquire the vacated 5 -foot pedestrian access to stop
pedestrian access between Daisy Avenue and Holly Drive;
NOW THEREFORE, it is mutually stipulated and agreed as follows:
1. Owner agrees to remove and replace, at Owner's expense, the existing 5 -foot pedestrian
access with a fence along the new property line. The fence fronting the Union Pacific Railroad
property shall be installed within 90 days of the execution of said agreement. Owner further
agrees to remove the existing public improvements at its expense.
2. City agrees to present owner with a grant deed for the vacated pedestrian access in exchange
for the above specified improvements.
3. Owner agrees to save, defend, indemnify and hold harmless the City, its officers, agents and
employees, from liability of any nature whatsoever arising from Owner's use or occupation of
the pedestrian access right-of-way.
4. This agreement shall run with the land and be binding on the Owner, its heirs, successors or
assigns.
-1-
5. Herein is set forth the entire agreement between the parties. The performance of these
conditions constitutes full performance and shall relieve City of all further obligations or claims.
6. In the event either party hereto breaches the terms, conditions and covenants of this
Agreement, then, the prevailing party in any suit to enforce this Agreement or restrain the
breach thereof, shall in addition to any other relief or damages awarded, be entitled to a
reasonable attorney's fee and all costs of suit to be set and determined by any court of
competent jurisdiction and added to any judgment obtained.
7. This agreement shall be recorded in the office of the San Joaquin County Recorder,
P. O. Box 1968, Stockton, California, 95201-1968.
IN WITNESS WHEREOF, Owner and City have caused their names to be hereunto affixed and the
City of Lodi has caused its corporate name and seal to be hereunto affixed by its proper officers
thereunto duly authorized.
Date
THOMAS J. USING
LYNDA USHING
(CORPORATE SEAL)
CITY OF LODI, A MUNICIPAL CORPORATION
By:
Konradt Bartlam, City Manager Date
ATTEST:
Randi Johl, City Clerk
APPROVED AS TO FORM:
Date
D. Stephen Schwabauer, City M
-2-
0J 0
THIS INDENTURE, made this............. ?}th......... «, day of .... ,« Februa]Cyy._- 19?rC)
.,
BETWEEN ... LODI CONSTRUCTION C0tAPAN` _,. itsCt____________________________________________________ __
the part.X. of the first part and the CITY OF LODI, a municipal corporation of the State of California, the party
of the second part:
WITNESSETH, that the said party.. of the first part for value received, do hereby GRANT unto the said party
of the second part and to its successors in governmental functions forever, all the ............ certain lot........, piece........,
or parcel........ of land situate, lying and being in the .«..« ..............«.....«,....« ........ .......
««.,...,._..... _«...,_.,«....«............ .
County of San Joaquin, State of California, and bounded and particularly described as follows.
A strip of land Five (5) feet in width being more
particularly described as follows:
Beginning at the Southeast corner of Lot 19, Bel Air
Estates Unit 2, as filed for record December 28, 1955 in Vol. 149
page 79, Book of Maps and Plats, San Joaquin County Records; thence
North 67018' West along the South line of said Lot 19 and the North
line of the Southern Pacific Railroad Company right of way 25.19
feet to the true point of beginning; thence North 22042' East
100 feet to a point on the South line of Daisey Avenue in Alshire
Park, as filed for record .lune 28, 1955 in Vol. 149 page 609 Book
of Maps and Plats, San Joaquin County Records; thence Northwesterly
along the South line of said Daisey Avenue 5 feet; thence South 22042'
West 100 feet to a point on the South line of said Lot 19, and the
North line of the Southern Pacific Railroad right of way; thence
South 67018' East 5 feet to the true point of beginning.
Description approved:
Dated: ..... ..............Feb. 4,..1953_
STATE OF CALIFORNIA, J
County of San Joaquin. J ss,
before me- ---------------------------- -------------------------- a Notary
Public in and for said County and State, personally
60UNTY Off =1 uyrs. UO -CL Ll
LODI CONSTOIC C'OmnNYs -INC.
re:seri."
When recorded, please mail this instrument to
City Clerk, City Hall, Lodi, California.
RECORDING DATA
ON Li. a. .day of....._.�__fax2 ' 11 I' ......._................... 19.5.8.---., before me,
a Notary Public in and for said County and State, personally appeared .. ......... .._.._........... ......_._-_--__
_ Do Ston -9- I known to me to be the
' ...President, and...,_._- ..._...._ .. r,__ __,........_..... ........_......_ _-., known to me to be the
•, Secretary of the __........... .._ _...._,.____..._.......... _...
_.._.._.._.
the Corporation that executed the within Instrument, known to me to be the pawns who executed
the within Instrument on behalf of the Corporation therein named, and acknowledged to me that
such Corporation executed the same, and acknowledged to me that such corporation executed the
within instrument pursuant to its by-laws or a resolution of its hoard of directors.
WITNESS, my hand and official seal.
Notary Public in and for said County Ad $tate.
ACKNOWLEDGMENT—Corp,—Pres. & Secy,—Form 997
Misc. 146 (G.S.) Rev. 9-51 9-18-51 514
When Recorded, Please Return to:
Lodi City Clerk
P.O. Box 3006
Lodi, CA 95241-1910
RESOLUTION NO. 2013-101
A RESOLUTION OF THE LODI CITY COUNCIL
SUMMARILY VACATING AND ABANDONING
PEDESTRIAN ACCESS BETWEEN HOLLY DRIVE
AND DAISY AVENUE, EAST OF HAM LANE
------------------------------------------------------------------------
------------------------------------------------------------------------
WHEREAS, a pedestrian access was dedicated to the City in 1955 as part of the Be[ Air
Estates Subdivision and was intended for use by George Washington Elementary School
students living north of Holly Drive as a pathway to get to school. Recently, Lodi Unified School
District modified the school boundaries so that students residing north of Holly Drive are now
within the Lakewood School boundary; and
WHEREAS, the vacation is a 10 -foot wide pedestrian access surrounded by four
- residential properties located at 700 Daisy Avenue, 648 -Daisy Avenue -915 -Holly -Drives_-and -
909 Holly Drive, as shown on Exhibit A attached hereto and incorporated herein; and
WHEREAS, the vacation request by Mr. Tom Ushing, who resides at 700 Daisy Avenue,
is primarily driven by property owners tired of dealing with increased transient use, graffiti,
fights, and motorcycle use and staff believes the crossing should be eliminated to protect public
safety; and
WHEREAS, on July 9, 2012, staff notified the four adjacent property owners in writing of
the terms and conditions of the proposed vacation. The home owners at 700 and 648 Daisy
Avenue have both accepted and will receive half (five feet) of the City property. Only the owner
at 915 Holly Drive wanted to participate and will therefore receive the entire City property (10
feet) located between 915 and 909 Holly Drive; and
WHEREAS, no public or private utilities are located within the 10 -foot wide pedestrian
access. All public and private utility companies and Lodi Unified School District have been
contacted in writing and have approved the vacation of the pedestrian access without further
comment or conditions; and
WHEREAS, the pathway easement is considered a limited "Public Service Easement"
(Streets and Highways Code Section 8306) and is subject to summary abandonment
procedures and need not be referred to the Planning Commission (Streets and Highways Code
Section 8333); and
WHEREAS, the City owns the property in fee and a mere abandonment will not transfer
title to the adjacent property owners; and
WHEREAS, the City has a past practice of trading right of way improvements for
minimally valued adjacent right of way.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council finds and declares as
follows:
1. The above recitals are true and correct.
2. The pathway easement is considered a limited "Public Service Easement" (Streets and
Highways Code Section 8306) and is subject to summary abandonment procedures and
need not be referred to the Planning Commission (Streets and Highways Code Section
8333).
3. The 10 -foot wide pedestrian access surrounded by four residential properties located at
700 Daisy Avenue, 648 Daisy Avenue, 915 Holly Drive and 909 Holly Drive, as shown
on Exhibit A attached hereto and incorporated herein, is summarily vacated as of the
date of recordation of this Resolution and from and after that date no longer constitutes a
public service easement.
4. The property owners at 700 and 648 Daisy Avenue and 915 Holly Drive will be required
to remove the existing fencing, possibly the pavement and replace the fencing at the
owners' expense.
5. 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.
6. The City Manager is hereby authorized to execute the agreement with the property
- owners to exchange right of way for demolitionof public improvements.
Dated: June 5, 2013
------------------------------------------------------------------------
------------------------------------------------------------------------
I hereby certify that Resolution No. 2013-101 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held June 5, 2013, by the following vote:
AYES: COUNCIL MEMBERS — Hansen, Johnson, Katzakian, Mounce, and
Mayor Nakanishi
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS — None
HL
City Clerk
2013-101
orz
G�oRG
F
SC ogoSC G�
ON
GEORGE WASHINGTON
SCHOOL
DAISY AVE AND HOLLY DR
VACATE PEDESTRIAN ACCESS
m.
ACCESS
9
N.T.S.
VICINITY MAP
K:\CADD\EXHIBITS\Unnumbered\DAISY AND HOLLY VACATION.dwa. Lavouti, 4/17/2013 8:45:48 AM
DECLARATION OF MAILING
LETTER AND RESOLUTION SUMMARILY VACATING AND ABANDONING PEDESTRIAN
ACCESS BETWEEN HOLLY DRIVE AND DAISY AVENUE, EAST OF HAM LANE
On June 6, 2013, 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
summarily vacating and abandoning pedestrian access between Holly Drive and Daisy Avenue,
east of Ham 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.
I declare under penalty of perjury that the foregoing is true and correct.
-Executed on June 6, 2013, at Lodi; --California. -
Q�'IXAJ_ A )-M, oyh4y'__�
IFER P. ROBISON, CMC
A SISTANT CITY CLERK
Forms/decmail.doc
RANDI JOHL
CITY CLERK, CITY OF LODI
MARIA DITMORE
ADMINISTRATIVE CLERK
CITY COUNCIL
ALAN NAKANISHI, Mayor
PHIL KATZAKIAN,
Mayor Pro Tempore
LARRY D. HANSEN
BOBJOHNSON
JOANNE MOUNCE
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 cityclerk(a)_Iodi.gov
June 6, 2013
KONRADT BARTLAM
City Manager
RANDI JOHL, City Clerk
D. STEPHEN SCHWABAUER
City Attorney
VACATION: TO SUMMARILY VACATE AND ABANDON PEDESTRIAN
ACCESS BETWEEN HOLLY DRIVE AND DAISY AVENUE,
EAST OF HAM LANE
This is to inform you that the City Council, at its regular meeting on June 5, 2013,
considered the above matter and declared the area 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) 333-6706.
f,:
Ra I
City Clerk
RJ/jmr
Enclosure
cc: Public Works Department
vacation/corresp/lResVacation. doc
When Recorded, Please Return to:
Lodi City Clerk
P.O. Box 3006
Lodi, CA 95241-1910
RESOLUTION NO. 2013-101
A RESOLUTION OF THE LODI CITY COUNCIL
SUMMARILY VACATING AND ABANDONING
PEDESTRIAN ACCESS BETWEEN HOLLY DRIVE
AND DAISY AVENUE, EAST OF HAM LANE
------------------------------------------------------------------------
------------------------------------------------------------------------
WHEREAS, a pedestrian access was dedicated to the City in 1955 as part of the Bel Air
Estates Subdivision and was intended for use by George Washington Elementary School
students living north of Holly Drive as a pathway to get to school. Recently, Lodi Unified School
District modified the school boundaries so that students residing north of Holly Drive are now
within the Lakewood School boundary; and
WHEREAS, the vacation is a 10 -foot wide pedestrian access surrounded by four
residential properties located at 700 Daisy Avenue, " 648 Daisy Avenue, 915 -Holly Drive, and
909 Holly Drive, as shown on Exhibit A attached hereto and incorporated herein; and
WHEREAS, the vacation request by Mr. Tom Ushing, who resides at 700 Daisy Avenue,
is primarily driven by property owners tired of dealing with increased transient use, graffiti,
fights, and motorcycle use and staff believes the crossing should be eliminated to protect public
safety; and
WHEREAS, on July 9, 2012, staff notified the four adjacent property owners in writing of
the terms and conditions of the proposed vacation. The home owners at 700 and 648 Daisy
Avenue have both accepted and will receive half (five feet) of the City property. Only the owner
at 915 Holly Drive wanted to participate and will therefore receive the entire City property (10
feet) located between 915 and 909 Holly Drive; and
WHEREAS, no public or private utilities are located within the 10 -foot wide pedestrian
access. All public and private utility companies and Lodi Unified School District have been
contacted in writing and have approved the vacation of the pedestrian access without further
comment or conditions; and
WHEREAS, the pathway easement is considered a limited "Public Service Easement"
(Streets and Highways Code Section 8306) and is subject to summary abandonment
procedures and need not be referred to the Planning Commission (Streets and Highways Code
Section 8333); and
WHEREAS, the City owns the property in fee and a mere abandonment will not transfer
title to the adjacent property owners; and
WHEREAS, the City has a past practice of trading right of way improvements for
minimally valued adjacent right of way.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council finds and declares as
follows:
1. The above recitals are true and correct.
2. The pathway easement is considered a limited "Public Service Easement" (Streets and
Highways Code Section 8306) and is subject to summary abandonment procedures and
need not be referred to the Planning Commission (Streets and Highways Code Section
8333).
3. The 10 -foot wide pedestrian access surrounded by four residential properties located at
700 Daisy Avenue, 648 Daisy Avenue, 915 Holly Drive and 909 Holly Drive, as shown
on Exhibit A attached hereto and incorporated herein, is summarily vacated as of the
date of recordation of this Resolution and from and after that date no longer constitutes a
public service easement.
4. The property owners at 700 and 648 Daisy Avenue and 915 Holly Drive will be required
to remove the existing fencing, possibly the pavement and replace the fencing at the
owners' expense.
5. 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.
6. The City Manager is hereby authorized to execute the agreement with the property
owners to exchange right of way for demolition-of"public improvements:
Dated: June 5, 2013
I hereby certify that Resolution No. 2013-101 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held June 5, 2013, by the following vote:
AYES: COUNCIL MEMBERS — Hansen, Johnson, Katzakian, Mounce, and
Mayor Nakanishi
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS — None
OH
City Clerk
2013-101
eege ��iCITY OF LODIPUBLIC WORKS DEPARTMENT
u"
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c,�
o4 p,V
GEORGE WASHINGTON
SCHOOL
DAISY AVE AND HOLLY DR
VACATE PEDESTRIAN ACCESS
oq�sy
A �E
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-- ACCESS _
N.T.S.
VICINITY MAP
K:\CADD\EXHIBITS\Unnumbered\DAISY AND HOLLY VACATION.dwo. L2V0ut1, 4/17/2013 8:45:48 AM
VACATION / ABANDONMENT
MAILING LIST
RESOLUTION OF INTENTION (Setting Public Hearing)
Certified copy w/cover letter to:
PG&E
12 W. Pine Street
Lodi, CA 95240
AT&T
6505 Tam O 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:
EXHfE�T B
Denise Wiman, Public Works
Chris Boyer, Public Works
Community Development Department
Police Department
Fire Department
RESOLUTION OF VACATION (After Public Hearing)
Certified copy w/cover 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
Public Hearing to Abandon Pedestrian Access Connecting Daisy Avenue and Holly Drive
APN OWNER NAME
OWNER STREET
CITY STATE ZI
SITUS ADDRESS
3710035 LODI UNIFIED SCHOOL DISTRICT
1305 E VINE ST
LODI CA 95240
825 W LOCKEFORD ST
3711001 WEBBER, DAVID L & DIANE E
1015 HOLLY DR
LODI CA 95240
1015
HOLLY
DR
3711002 MORTENSON, MABEL A
1009 HOLLY DR
LODI CA 95240
1009
HOLLY
DR
3711003 MORTENSON, LANCE C
506 PLUM CT
LODI CA 95242
1001
HOLLY
DR
3711004 WOEHL, DARWIN & LAVONE L TR
921 HOLLY DR
LODI CA 95240
921
HOLLY
DR
3711005 LONG, CAROL L TR
928 CHISHOLM TRAIL
GALT CA 95632
915
HOLLY
DR
3711006 SHAH, SYED ZAHIR & TASNIM ZAHI
1953 VICTORIA DR
LODI CA 95242
909
HOLLY
DR
3711007 ISHFAQ, MUHAMMAD M & HASEEK 901 HOLLY DR
LODI CA 95240
901
HOLLY
DR
3711008 LANE, KENNETH & PAT
833 HOLLY DR
LODI CA 95242
833
HOLLY
DR
3711009 KORPHAGE, JOHN F & DONNA L TR
1301 EDGEWOOD DR
LODI CA 95240
827
HOLLY
DR
3711010 MIRELES, TOMAS JR
821 HOLLY DR
LODI CA 95240
821
HOLLY
DR
UNION PACIFIC RAILROAD
3901004 COMPANY CO BARBARA HOLDER
1416 DODGE ST ROOM 830
OMAHA NE 68179
0
3918121 JOACHIM, LLOYD J TR
701 ROPER AVE
LODI CA 95240
701
ROPER
AV
3918122 FEDORCHAK, BRIAN J & HEIDI W
661 ROPER AVE
LODI CA 95240
661
ROPER
AV
3918123 GRUBER, DANIEL M & D
649 ROPER AV
LODI CA 95240
649
ROPER
AV
3918124 HENDRICKS, EDITH 1
715 DAISY AVE
LODI CA 95240
715
DAISY
AV
3918.125 MINNEMA, NANCY P
23192 N DUSTIN RD
ACAMPO CA 95220
735
DAISY
AV
3918126 PINNELL, BETTY ANN TR
806 BEL AIR CT
LODI CA 95240
806
BEL AIR
CT
3918315 PASCUCCI, MICHELLE E
740 DAISY AVE
LODI CA 95240
740
DAISY
AV
3918316 RACKLEY, JANICE TR
715 BRANDYWINE DR
LODI CA 95240
730
DAISY
AV
3918317 ALBERS, BRUCE
720 DAISY AVE
LODI CA 95240
720
DAISY
AV
3918318 THEILEN, KENNETH & JANET
710 W DAISEY AVE
LODI CA 95240
710
DAISY
AV
3918319 USHING, THOMAS & LYNDA
700 DAISY AV
LODI CA 95240
700
DAISY
AV
3919001 BINDEL, BRUCE A
653 DAISY AVE
LODI CA 95240
653
DAISY
AV
3919002 CARROLL, JAMES W
PO BOX 2398
LODI CA 95241
647
DAISY
AV
3919003 CIARAMITARO, BRIAN T
631 N CRESCENT AVE
LODI CA 95240
631 N CRESCENT
AV
3919004 DERENIWSKI, KIMBERLEE TR
641 DAISY AVE
LODI CA 95240
641
DAISY
AV
3919005 ONEILL, SUSAN BRIDGET
635 DAISY AVE
LODI CA 95240
635
DAISY
AV
3919007 DOUGHERTY, TIMOTHY 1 & VICKI A
620 N CRESCENT AVE
LODI CA 95240
620 N CRESCENT
AV
3919008 ELWOOD, TAMARA TR
7777 SOUTHWORTH
VALLEY SPRINGS CA 95252
625
DAISY
AV
3919015 GARRISON, STEVEN D
624 DAISY AVE
LODI CA 95240
624
DAISY
AV
3919016 IMAI, MARY M TR
630 DAISY AVE
LODI CA 95240
630
DAISY
AV
3919017 FASZER, ANNETTE K TR
636 DAISY AVE
LODI CA 95240
636
DAISY
AV
3919018 HORST, NADINE V TR
642 DAISY AVE
LODI CA 95240
642
DAISY
AV
3919019 FUGATE, AUDRIE E TR
648 DAISY AVE
LODI CA 95240
648
DAISY
AV
3921017 HOHENTHANER, RICHARD D
661 N CRESCENT AVE
LODI CA 95240
661 N CRESCENT
AV
3921018 BRUMLEY, WALTER E JR & NANCY L
651 N CRESCENT AVE
LODI CA 95240
651 N
CRESCENT
AV
3921019 HAUSER
594 ORANGEWOOD DR
FREMONT CA 94536
641 N
CRESCENT
AV
3921020 REINHARDT, BARBARA J
640 ROPER AVE
LODI CA 95240
640
ROPER
AV
3921021 BELLETTO, DIXIE LF EST
650 ROPER AVE
LODI CA 95240
650
ROPER
AV
3921022 CHRISTENSEN, JAN ELIN
660 ROPER AVE
LODI CA 95240
660
ROPER
AV
3921023 FOCACCI, KATHLEEN J
700 ROPER AVE
LODI CA 95240
700
ROPER
AV
3919018 HORST, NADINE V TR
3919019 FUGATE, AUDRIE E TR
3921017 HOHENTHANER, RICHARD D
3921018 BRUMLEY, WALTER E JR & NANCY L
3921019 BRESSLER, RUTH T
3921020 REINHARDT, BARBARA J
3921021 BELLETTO, DIXIE LF EST
3921022 CHRISTENSEN, JAN ELIN
3921023 FOCACCI, KATHLEEN J
642 DAISY AVE
648 DAISY AVE
661 N CRESCENT AVE
651 N CRESCENT AVE
RUTH T HAU 594 ORANGEWOOD DR
640 ROPER AVE
650 ROPER AVE
660 ROPER AVE
700 ROPER AVE
LODI
CA
95240
642
DAISY
AV
LODI
CA
95240
648
DAISY
AV
LODI
CA
95240
661
N CRESCENT
AV
LODI
CA
95240
651
N CRESCENT
AV
FREMONT
CA 94536
641
N CRESCENT
AV
LODI
CA
95240
640
ROPER
AV
LODI
CA
95240
650
ROPER
AV
LODI
CA
95240
660
ROPER
AV
LODI
CA
95240
700
ROPER
AV
Please immediately confirm receipt
of this fax by calling 333-6702
CITY OF LODI
P. O. BOX 3006
LODI, CALIFORNIA 95241-1910
ADVERTISING INSTRUCTIONS
SUBJECT: PUBLIC HEARING TO CONSIDER RESOLUTION OF INTENTION
TO VACATE THE PEDESTRIAN ACCESS BETWEEN HOLLY
DRIVE AND DAISY AVENUE, EAST OF HAM LANE
PUBLISH DATE: SATURDAY, MAY 4, 2013
SATURDAY, MAY 11, 2013
TEAR SHEETS WANTED: One (1) please
SEND AFFIDAVIT AND BILL TO:
LNS ACCT. #0510052
DATED: THURSDAY, MAY 2, 2013
ORDERED BY: RANDI JOHL
CITY CLERK
JgtflIFER KJ4 ROBISON, CMC
ABSISTANT CITY CLERK
forms\advins.doc
RANDI JOHL, CITY CLERK
City of Lodi
P.O. Box 3006
Lodi, CA 95241-1910
MARIA DITMORE
ADMINISTRATIVE CLERK
NOTICE OF PUBLIC HEARING
RESOLUTION NO. 2013-81
A RESOLUTION OF THE LODI CITY COUNCIL DECLARING ITS
INTENTION TO VACATE THE PEDESTRIAN ACCESS
BETWEEN HOLLY DRIVE AND DAISY AVENUE, EAST OF
HAM LANE, AND TO SET A PUBLIC HEARING SO ALL
PERSONS INTERESTED IN OR OBJECTING TO THE
PROPOSED ABANDONMENT CAN BE HEARD
NOW, THEREFORE, BE IT RESOLVED by the Lodi City Council as follows:
It is the intention of the City Council of the City of Lodi, acting in accordance with the
provisions of Section 8300 et seq. of the Streets and Highways Code of the State of California,
to vacate the pedestrian access between Holly Drive and Daisy Avenue, east of Ham Lane, as
shown on Exhibit A, which is on file in the City Clerk's Office.
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 RESOLVED that this City Council does hereby fix Wednesday,
June 5. 2013, at the hour of 7:00 p.m., in the City Council Chambers, Carnegie Forum,
305 West Pine Street, 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; and
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 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; and
BE IT FURTHER RESOLVED that copies of this resolution shall be published for at least
two successive weeks prior to June 5, 2013 in the "Lodi News Sentinel", a daily newspaper of
general circulation printed and published in the City of Lodi, County of San Joaquin.
Dated: May 1, 2013
------------------------------------------------------------------------
------------------------------------------------------------------------
I hereby certify that Resolution No. 2013-81 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held May 1, 2013, by the following vote:
AYES: COUNCIL MEMBERS — Hansen, Johnson, Katzakian, Mounce, and
Mayor Nakanishi
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS — None
RANDIJOHL
City Clerk
2013-81
DECLARATION OF POSTING
PUBLIC HEARING TO CONSIDER RESOLUTION OF INTENTION TO VACATE
THE PEDESTRIAN ACCESS BETWEEN HOLLY DRIVE AND DAISY AVENUE,
EAST OF HAM LANE
On Thursday, May 2, 2013, in the City of Lodi, San Joaquin County, California, a Notice
of Public Hearing to consider Resolution of Intention to vacate the pedestrian access
between Holly Drive and Daisy Avenue, east of Ham Lane (attached and marked as
Exhibit A) was posted at the following locations:
Lodi Public Library
Lodi City Clerk's Office
Lodi City Hall Lobby
Lodi Carnegie Forum
I declare under penalty of perjury that the foregoing is true and correct.
Executed on May 2, 2013, at Lodi, California.
.f i
1? ROBISON, CMC
ASSISTANT CITY :.
N:\Administration\CLERK\Forms\DECPOSTPW.DOC
ORDERED BY:
RANDIJOHL
CITY CLERK
MARIA DITMORE
ADMINISTRATIVE CLERK
NOTICE OF PUBLIC HEARING i
? �''
�.
f
P1,
X a Fi �.:� i
RESOLUTION NO. 2013-81 "`-
A RESOLUTION OF THE LODI CITY COUNCIL DECLARING ITS
INTENTION TO VACATE THE PEDESTRIAN ACCESS
BETWEEN HOLLY DRIVE AND DAISY AVENUE, EAST OF
HAM LANE, AND TO SET A PUBLIC HEARING SO ALL
PERSONS INTERESTED IN OR OBJECTING TO THE
PROPOSED ABANDONMENT CAN BE HEARD
------------------------------------------------------------------------
------------------------------------------------------------------------
NOW, THEREFORE, BE IT RESOLVED by the Lodi City Council as follows:
It is the intention of the City Council of the City of Lodi, acting in accordance with the
provisions of Section 8300 et seq. of the Streets and Highways Code of the State of California,
to vacate the pedestrian access between Holly Drive and Daisy Avenue, east of Ham Lane, 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 RESOLVED that this City Council does hereby fix Wednesday,
June 5, 2013, at the hour of 7:00 p.m., in the City Council Chambers, Carnegie Forum,
305 West Pine Street, 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; and
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 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; and
BE IT FURTHER RESOLVED that copies of this resolution shall be published for at least
two successive weeks prior to June 5, 2013 in the "Lodi News Sentinel', a daily newspaper of
general circulation printed and published in the City of Lodi, County of San Joaquin.
Dated: May 1, 2013
--------------------------------------------------------------------
--------------------------------------------------------------------
I hereby certify that Resolution No. 2013-81 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held May 1, 2013, by the following vote:
AYES: COUNCIL MEMBERS — Hansen, Johnson, Katzakian, Mounce, and
Mayor Nakanishi
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS — None
L
City Clerk
2013-81
rt a
4
CITY OF LODI
WORKS DEPARTMENT
EXHIBIT A
DAISY AVE AND HOLLY DR
VACATE PEDESTRIAN ACCESS
VACA 1STING
10' WIDE PE IAN
ACCESS
GFoRG�
�Yq
SqHo 04
Q /'/044 yoR
N
GEORGE WASHINGTON
SCHOOL
N.T.S.
VICINITY MAP
K:\CADD\EXHIBITS\Unnumbered\DAISY AND HOLLY VACATION.dwa. Lavoutl . 4117/2013 8:45:48 AM
DECLARATION OF MAILING
PUBLIC HEARING TO CONSIDER RESOLUTION OF INTENTION TO VACATE
THE PEDESTRIAN ACCESS BETWEEN HOLLY DRIVE AND DAISY AVENUE,
EAST OF HAM LANE
On Thursday, May 2, 2013, in the City of Lodi, San Joaquin County, California, I deposited in
the United States mail, envelopes with first-class postage prepaid thereon, containing Notice of
Public Hearing to consider Resolution of Intention to vacate the pedestrian access between
Holly Drive and Daisy Avenue, east of Ham 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.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on May 2, 2013, at Lodi, California.
QLAA,&&}
NIFER ROBISON, CMC
SSISTANT CITY CLERK
Forms/decmail.doc
ORDERED BY:
RANDIJOHL
CITY CLERK, CITY OF LODI
MARIA DITMORE
ADMINISTRATIVE CLERK
CITY COUNCIL
ALAN NAKANISHI, Mayor
PHIL KATZAKIAN,
Mayor Pro Tempore
LARRY D. HANSEN
BOB JOHNSON
JOANNE MOUNCE
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 cityclerk(a)lodi.gov
May 2, 2013
KONRADT BARTLAM
City Manager
RANDI JOHL, City Clerk
D. STEPHEN SCHWABAUER
City Attorney
VACATION: INTENTION TO VACATE THE PEDESTRIAN ACCESS BETWEEN
HOLLY DRIVE AND DAISY AVENUE, EAST OF HAM LANE
This is to inform you that the City Council, at its regular meeting on May 1, 2013,
adopted a Resolution of Intention to vacate the pedestrian access between Holly
Drive and Daisy Avenue, east of Ham Lane, and set a public hearing for June 5,
2013.
Enclosed for your information is a copy of the resolution along with a map of the
area to be abandoned.
Should you have questions regarding the abandonment, please contact the
Public Works Department at (209) 333-6706.
&ani
City Clerk
RJ/jmr
Enclosure
cc: Public Works Director
vacation/corresp/lReslntention.doc
NOTICE OF PUBLIC HEARING
RESOLUTION NO. 2013-81
A RESOLUTION OF THE LODI CITY COUNCIL DECLARING ITS
INTENTION TO VACATE THE PEDESTRIAN ACCESS
BETWEEN HOLLY DRIVE AND DAISY AVENUE, EAST OF
HAM LANE, AND TO SET A PUBLIC HEARING SO ALL
PERSONS INTERESTED IN OR OBJECTING TO THE
PROPOSED ABANDONMENT CAN BE HEARD
------------------------------------------------------------------------
------------------------------------------------------------------------
NOW, THEREFORE, BE IT RESOLVED by the Lodi City Council as follows:
It is the intention of the City Council of the City of Lodi, acting in accordance with the
provisions of Section 8300 et seq. of the Streets and Highways Code of the State of California,
to vacate the pedestrian access between Holly Drive and Daisy Avenue, east of Ham Lane, 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 RESOLVED that this City Council does hereby fix Wednesday,
June 5, 2013, at the hour of 7:00 p.m., in the City Council Chambers, Carnegie Forum,
305 West Pine Street, 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; and
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 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; and
BE IT FURTHER RESOLVED that copies of this resolution shall be published for at least
two successive weeks prior to June 5, 2013 in the "Lodi News Sentinel', a daily newspaper of
general circulation printed and published in the City of Lodi, County of San Joaquin.
Dated: May 1, 2013
------------------------------------------------------------------------
------------------------------------------------------------------------
I hereby certify that Resolution No. 2013-81 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held May 1, 2013, by the following vote:
AYES: COUNCIL MEMBERS — Hansen, Johnson, Katzakian, Mounce, and
Mayor Nakanishi
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS — None
L
City Clerk
2013-81
V 6�
CITY OF LODIPUBLIC WORKS DEPARTMENT
EXHIBIT A
DAISY AVE AND HOLLY DR
VACATE PEDESTRIAN ACCESS
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VACATE -E
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ACCESS
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GEORGE WASHINGTON
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N.T.S.
VICINITY MAP
K:\CADD\EXHIBITS\Unnumbered\DAISY AND HOLLY VACATION.dwa. Lavoutl , 4/17/2013 8:45:48 AM
EXHIEIT4A
"jj-VACATION / ABANDONMENT
MAILING LIST
RESOLUTION OF INTENTION (Setting Public Hearing)
Certified copy w/cover letter to:
PG&E
12 W. Pine Street
Lodi, CA 95240
Certified copies to:
Denise Wiman, Public Works
Chris Boyer, Public Works
AT&T Community Development Department
6505 Tam O Shanter Drive
Stockton, CA 95210 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/cover 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
APN . OWNER -NAME
CARE -OF OWNER _STREET
CITY STATE ZIP
SITUS ADDRESS
3710035 LODI UNIFIED SCHOOL DISTRICT
1305 E VINE ST
LODI CA 95240
825 W LOCKEFORD ST
3711001 WEBBER, DAVID L & DIANE E
1015 HOLLY DR
LODI CA 95240
1015
HOLLY
DR
3711002 MORTENSON, MABEL A
1009 HOLLY DR
LODI CA 95240
1009
HOLLY
DR
3711003 MORTENSON, LANCE C
506 PLUM CT
LODI CA 95242
1001
HOLLY
DR
3711004 WOEHL, DARWIN & LAVONE L TR
921 HOLLY DR
LODI CA 95240
921
HOLLY
DR
3711005 LONG, CAROL L TR
928 CHISHOLM TRAIL
GALT CA 95632
915
HOLLY
DR
3711006 SHAH, SYED ZAHIR & TASNIM ZAHI
1953 VICTORIA DR
LODI CA 95242
909
HOLLY
DR
3711007 ISHFAQ, MUHAMMAD M & HASEENA
901 HOLLY DR
LODI CA 95240
901
HOLLY
DR
3711008 LANE, KENNETH & PAT
833 HOLLY DR
LODI CA 95242
833
HOLLY
DR
3711009 KORPHAGE, JOHN F & DONNA L TR
1301 EDGEWOOD DR
LODI CA 95240
827
HOLLY
DR
3711010 MIRELES, TOMAS JR
821 HOLLY DR
LODI CA 95240
821
HOLLY
DR
3901004 UNION PACIFIC RAILROAD COMPANY
BARBARA H(1416 DODGE ST ROOM 830
OMAHA NE 68179
3918121 JOACHIM, LLOYD J TR
701 ROPER AVE
LODI CA 95240
701
ROPER
AV
3918122 FEDORCHAK, BRIAN J & HEIDI W
661 ROPER AVE
LODI CA 95240
661
ROPER
AV
3918123 GRUBER, DANIEL M & D
649 ROPER AV
LODI CA 95240
649
ROPER
AV
3918124 HENDRICKS, EDITH 1
715 DAISY AVE
LODI CA 95240
715
DAISY
AV
3918125 MINNEMA, NANCY P
23192 N DUSTIN RD
ACAMPO CA 95220
735
DAISY
AV
3918126 PINNELL, BETTY ANN TR
806 BEL AIR CT
LODI CA 95240
806
BEL AIR
CT
3918315 PASCUCCI, MICHELLE E
740 DAISY AVE
LODI CA 95240
740
DAISY
AV
3918316 RACKLEY, JANICE TR
715 BRANDYWINE DR
LODI CA 95240
730
DAISY
AV
3918317 ALBERS, BRUCE
720 DAISY AVE
LODI CA 95240
720
DAISY
AV
3918318 THEILEN, KENNETH & JANET
710 W DAISEY AVE
LODI CA 95240
710
DAISY
AV
3918319 USHING, THOMAS & LYNDA
700 DAISY AV
LODI CA 95240
700
DAISY
AV
3919001 BINDEL, BRUCE A
653 DAISY AVE
LODI CA 95240
653
DAISY
AV
3919002 CARROLL, JAMES W
PO BOX 2398
LODI CA 95241
647
DAISY
AV
3919003 CIARAMITARO, BRIAN T
631 N CRESCENT AVE
LODI CA 95240
631 N CRESCENT
AV
3919004 DERENIWSKI, KIMBERLEE TR
641 DAISY AVE
LODI CA 95240
641
DAISY
AV
3919005 ONEILL, SUSAN BRIDGET
635 DAISY AVE
LODI CA 95240
635
DAISY
AV
3919007 DOUGHERTY, TIMOTHY J & VICKI A
620 N CRESCENT AVE
LODI CA 95240
620 N CRESCENT
AV
3919008 ELWOOD, TAMARA TR
7777 SOUTHWORTH
VALLEY SPRINGS CA 95252
625
DAISY
AV
3919015 GARRISON, STEVEN D
624 DAISY AVE
LODI CA 95240
624
DAISY
AV
3919016 IMAI, MARY M TR
630 DAISY AVE
LODI CA 95240
630
DAISY
AV
3919017 FASZER, ANNETTE K TR
636 DAISY AVE
LODI CA 95240
636
DAISY
AV
3919018 HORST, NADINE V TR
3919019 FUGATE, AUDRIE E TR
3921017 HOHENTHANER, RICHARD D
3921018 BRUMLEY, WALTER E JR & NANCY L
3921019 BRESSLER, RUTH T
3921020 REINHARDT, BARBARA J
3921021 BELLETTO, DIXIE LF EST
3921022 CHRISTENSEN, JAN ELIN
3921023 FOCACCI, KATHLEEN 1
642 DAISY AVE
LODI CA 95240
642 DAISY
AV
648 DAISY AVE
LODI CA 95240
648 DAISY
AV
661 N CRESCENT AVE
LODI CA 95240
661 N CRESCENT
AV
651 N CRESCENT AVE
LODI CA 95240
651 N CRESCENT
AV
RUTH T HAU 594 ORANGEWOOD DR
FREMONT CA 94536
641 N CRESCENT
AV
640 ROPER AVE
LODI CA 95240
640 ROPER
AV
650 ROPER AVE
LODI CA 95240
650 ROPER
AV
660 ROPER AVE
LODI CA 95240
'660 ROPER
AV
700 ROPER AVE
LODI CA 95240
700 ROPER
AV
MEMORANDUM
0 Office of the Lodi City Clerk
TO: Public Works Director
FROM: Randi Johl
City Clerk,,*"--)
DATE: May 2, 2013
SUBJECT: RESOLUTION OF INTENTION TO VACATE THE PEDESTRIAN
ACCESS BETWEEN HOLLY DRIVE AND DAISY AVENUE, EAST OF
HAM LANE
Please be advised that the City Council, at its meeting of May 1, 2013, adopted the
attached resolution declaring its intention to vacate the pedestrian access between Holly
Drive and Daisy Avenue, east of Ham Lane, and set the matter for public hearing on
June 5, 2013.
Pursuant to law, the Public Works Department is required to post at least three copies of
the subject resolution and map in the area to be abandoned at least 15 days prior to the
Public Hearing. Upon completion of the posting, please forward a copy of the Affidavit of
Posting to me for our records.
Please contact me should you have any questions.
RJ/jmr
Attachment
vacation/corresp/mpos ti ng. doc