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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 (ft 01 cFoRG� � � scyO�� N GEORGE WASHINGTON SCHOOL EXHIBIT A DAISY AVE AND HOLLY DR VACATE PEDESTRIAN ACCESS VACATE 10' WIDE ACCESS do<4)..- Ay. STING IAN N.T.S. VICINITY MAP K:\CADD\EXHIBITS\Unnumbered\DAISY AND HOLLY VACATION.dwa. Lavoutl . 4/17/2013 8:45:48 AM LAKE HOW, PALM — — — -+ — -- Za Nrs4ESTNUT-4,2 iEUREKA —� MASON - --- - —i — -- —•— i LOUIE` DAISY {7'z l FALLS O o z BELAIR~i ' a �.• _FORRE57 x FORREST - _.. •-- FORREST p_ w DAISY 0 J °I COLUMBIA WASHINGTON (GEORGE) ELEMENTARY SCHOOL 831 W.Lockeford Street Lodi, CA 95240 (209) 331-7451 SONORA GRADES K-6 MURRAY I1.A_VTM*CE LAWRENCE, I RAO -ROAD ¢i LOCUST i L PINE ¢I I V I = I gZ o ii Z H480RH � - m X C. Za Nrs4ESTNUT-4,2 J °I COLUMBIA WASHINGTON (GEORGE) ELEMENTARY SCHOOL 831 W.Lockeford Street Lodi, CA 95240 (209) 331-7451 SONORA GRADES K-6 MURRAY I1.A_VTM*CE LAWRENCE, I RAO -ROAD ¢i LOCUST i L PINE ¢I I V I = I gZ o ii Z H480RH � - m X 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 R 0 + '. e ---------------------- 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 -2- Boox2042 P421 0 1�" - /`c� g E u w '° ti } A W CAA 3 o f El •� s F ay o C'i F4 41 a �1 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" R c,� o4 p,V GEORGE WASHINGTON SCHOOL DAISY AVE AND HOLLY DR VACATE PEDESTRIAN ACCESS oq�sy A �E W VACA -- 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 oq�sy ego VACATE -E 10' WIDE P ACCESS G yO<< y opt GT�M pR GEORGE WASHINGTON SCHOOL N 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