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HomeMy WebLinkAboutAgenda Report - June 16, 1982 (47)ORDER VACATING A PORTION OF DAISY AVENUE AMENDED Council was apprised that in December 1981. when the Order vacating a portion of Daisy Avenue was j�Ud. a standard paragraph reserving this entire vacated area as an easement was included as part of the Order. In addition. a 10 -foot easement for existing utilities was also reserved. Council amended the order vacating a portion of Daisy Avenue between Pleasant Avenue and Church Street to delete the following paragraph: "Reserving however. and excepting from the vacation of said portion of said street, the permanent easement and that right therein to construct. maintain. repair. and operate lines for public utilities. both publicly and privately owned. in. over, and across said Street". With this deletion. the order will retain only that. 10 -foot utility easement that is now being used. 1'�sy�„r z� 45 yr}r f ♦ .4j -'.� F. f f t k � 4Y+ � T 3ya�i` 'f G fit, �5� yY �yy 9 � i �' Y� .�. t�� i11Y,%k 6v^•' �L. � � ANEIZDED ORDER VACATING A PORTION OF DAISY AVENUE BETWEEN PLEASANT AVENUE AND CHURCH STREET, LODI WHEREAS, this City Council, acting in accordance with the provisions of Part 3 of Division 9 of the Streets and Highways Code of this State did, on the 18th day of November, 1981, suss and adopt its Resolution of Intention No. 81-150 therein declaring the intention of said City Council to vacate a portion of Daisy Avenue between Pleasant Avenue and Church Street, Lodi, and more particularly described in said resolution; and WHEREAS, notice of said intended vacation was regularly given by publication and by posting, both in time, form and manner as required by law as is evidenced by affidavits on file and of record in the office of the City Clerk of the City of Lodi; and WHEREAS, in accordance with the provision stated in said Resolution No. 81-158 and also contained in the posted notices of the adoption of said resolution, notice was given that a public hearing would be held before said City Council in the City Council Chambers, City Hall, Lodi, California, beginning at 8:00 p.m. on Wednesday, December 16, 1981, where and when any person interested in or objecting to said vacation could appear and be heard in relation thereto; and WHEREAS, at that time and place a public hearing was held and conducted and testimony received for and against the vacation contemplated, and from the evidence submitted the City Council of the City of Lodi did determine that said portion of the street is unnecessary for present or future public use and did so find and declare; NOW, THEREFORE, pursuant to the findings and under th3 authority of Section 8323 of the Streets and Highways Code of the State of California, it is hereby ordered that there are hereby abandoned and vacated a portion of Daisy Avenue between Pleasant Avenue and Church Street, Lodi, California, and more particularly described as follows: A portion of the west half of the northwest quarter of Section 1, T.3N.R.6E., M.D.B. & M. being more particularly described as follows: Beginning at the northeast corner on Map of Survey filed for record Volume 8, page 150, Record of Sur County Records; thence S. 890 46' north line of said Parcel and its 378.10 feet to the northwest corn on map entitled "Resubdivision of -1- of Parcel 3 as shown February 8, 1951, in veys, San Joaquin 30" W., along the westerly extension, ar of Lot 1, as shown the west one-half of Dated: *4 = Lodi", and filed .for record July 3.-1913 in Volume 7 Dated: Absent: Council Members - None Abstain: Council Members - None ALICB M. IMCHB City Clerk -2- rtYA Block 2, Ayers and Pitchers Addition to the City,of = Lodi", and filed .for record July 3.-1913 in Volume 7 page 19, in the Office of the County Recorder;'San 7.:= Joaquin County; thence S. 850 41' 03" E., along the north line of said "Resubdivision" and its easterly extension, 378.99 feet to a point in the east lins said Parcel 31 thence N. 00 221 00" W., along said East'line, 30 feet more or less to the point of beginning. Reserving an easement over the west 10 feet of the east 198.75 feet. =fj° .Y June 16, 1982` I hereby certify that the above Order was passe& and } adopted by the City Council of the City of Lodi in a regular meeting held June 16, 1982 by the following vote: s` Ayes: Council Members - Murphy. Olson, Pinkerton, Snider and Reid: .: Noes: Council Members - None Absent: Council Members - None Abstain: Council Members - None ALICB M. IMCHB City Clerk -2- rtYA CITY OF LODI TO: City Council COUNCIL COMMUNICATION 1=N— C1ty vinnan,2r I DATE: June 10, 1982 SUBJECT: Amend Order Vacating a Portion of Daisy Avenue RECOMMENDED ACTION: That the City Council adopt a resolution amending the order vacating a portion of Daisy Avenue between Pleasant Avenue and Church Street to delete the vacation reservation which was a part of that order. BACKGROUND INFORMATION: In December 1981, when the order vacating a portion of Dalsy Avenue was ed, a standard paragraph reserving this entire vacated area as an easement was Included as part of the order. In addition. a 10 -foot easement for existing utiiities was also reserved. This resolution will delete the following paragraph from the order: "Reserving, however, and excepting from the vacation of said portion of said street, the permanent easement and that right therein to construct, maintain, repair and operate lines for public utilities, both pubiiciy and privately owned, in, over, and across said street.11 With this deletion, the order will retain only that 10 -foot utility ease- ment that is n being used. ac L. Ronsko Publ c Works Director 8/eeh AD— PUC PUC APPLICATION City Clerk Reimche presented a Notice which had been received from Pacific Telephone Company stating they have filed an amendment to their application, originally filed August 1, 1980, with the California Public Utilities Commission. The filing seeks an increase in rates to offset an increase in depreciation expenses due largely to recent approvals by the Federal Communications Commission and the CPUC of new depreciation rates for telephone terminal equipment that reflect the shorter lives of the equip- ment brought about by advances in technology and increasing competition. A Public Hearing on the amendment will be held at 10:00 a.m.. July 12, 19 82 at the CPUC. 350 McAllister Street in San Francisco.