Loading...
HomeMy WebLinkAboutAgenda Report - July 17, 2013 G-02 PHAGENDA ITEM 0 J& JQ CITY OF LODI COUNCIL COMMUNICATION • TM AGENDA TITLE: Public Hearing to Consider Adopting Resolution Vacating Right -of -Way for Roadway Purposes Located at 2223 West Kettleman Lane MEETING DATE: July 17, 2013 PREPARED BY: Public Works Director RECOMMENDED ACTION: Public hearing to consider adopting resolution vacating right-of-way for roadway purposes located at 2223 West Kettleman Lane. BACKGROUND INFORMATION: Pastor Scott Hubbard, on behalf of Lodi First Nazarene Church, has requested the City vacate an existing right-of-way for roadway purposes on church property located at 2223 West Kettleman Lane, as shown in Exhibit A. The 25 -foot wide right-of-way was granted to the City to reserve a north/south roadway alignment from Kettleman Lane to the parcel north of the church property, which is now Roget Park. As development along Tienda Drive progressed, the right-of-way was no longer needed to provide access to the Roget property. Vacating this right-of-way will not impact current or future traffic circulation. AT&T requested a 15 -foot public utility easement be established for its existing utilities along the west side of the property. The church provided the 15 -foot public utility easement description to the City and is in the process of having it recorded by the County. There are no other existing or planned public facilities within the right-of-way, and there is no goal or policy in the General Plan that addresses a need for a right-of-way in this location. All public and private utility companies have been contacted in writing and have approved the vacation of the right-of-way. Staff concurs with the applicant's request for vacation of the right-of-way for roadway purposes. The proposed vacation was approved by the Lodi Planning Commission on Wednesday, February 13, 2013. Minutes of the meeting are attached as Exhibit B. On June 5, 2013, Council adopted a Resolution of Intent (Resolution No. 2013-98) to vacate right-of-way located at 2223 West Kettleman Lane, as shown in Exhibit C, and set the public hearing for July 17, 2013. Staff recommends City Council adopt the resolution to vacate the right-of-way for roadway purposes. FISCAL IMPACT: Not applicable. FUNDING AVAILABLE: Not applicable. 4F.all*yndle�lian Public Works Director Prepared by Chris Boyer, Assistant Engineer FWS/CRB/pmf Attachments cc: Charlie Swimley, City Engineer/Deputy Public Works Director Denise Wiman, Senior Engineering Technician 2 1 /_1»CZ01►T/li radt Bartlam, City Manager K:\W P\VACATION\CPH2223WKettleman.doc 7/8/2013 pv EXHIBIT "A" PLAT TO ACCOMPANY LEGAL DESCRIPTION FOR ROADWAY RIGHT-OF-WAY ABANDONMENT LYING IN THE SOUTH HALF OF THE SOUTHEAST QUARTER OF SECTION 10 T.3 N. R.6 E., M.D.B.M. CITY OF LODI, COUNTY OF SAN JOAQUIN., STATE & CALIFaRNIA WEST VINE STREET— _'H 'I YI I 0 OF 1 4 OF ECTION 10 LINE LEGEND SECTION LINE OR FRACTIONAL SECTION LINE SAN JOAQUIN COUNTY GIS PARCEL LINES 25' ROADWAY RIGHT-OF-WAY TO BE ABANDONED. x.., THE SHADED AREA REPRESENTS ;•;:r :� .. THE 25 ROADWAY RIGHT-OF-WAY TO BE ABANDONED. COR 0 S 1/2 F 1/4 OF SECTION 10 "" SE 114 OF SECTION10 .. .. .... L.� '-...{ru_.F l - W LINE OF A� W 25' OF N W 251' OF E 1260' OF SCALE 1'- 440' OF SE 1 /2 OF SECTION 10 GRAPHIC SCALE 0 200 400 800 KETTLEMAN LANE SW COR OF SEI OF SECTION 10. NE COR 'OF S 1/4, OF SEC1 OF 10 a -•yDKIvn o so E LINE OF W W 251' OF E 21'% D 1260' OF T. N. Q a S 1/2 OF SE 1/4 OF R. 6 E N SECTION 10 iE r X51' ��,0 1260.00' SEC 1 O 1 ' 25 �Do (STATE HWY. ROUTE N0.12) SE CO S LINE OF SEC 1 S SECTION 10 5C d AoAMDF ENGINEERING INC. PAGE LAND �� 20F 2 E� CIVIL ENGINEERING AND SURVEYING JOB 1301 3421 TULLY ROAD' SUITE J • MODESTO, CA 95350 N0. 8078 *'► / T_E�L.EEjPHONE11-�(20/9) 529-7450 • FAX (209) 529-0457 AUTHOR STD . � Y B JD SIGNED: J d! �a �c--- February 21 3 2013 SCALE1" 400' f OF CpIS� SCOTT THOMAS DELAMARE LS 8078 DATE RMCTIVE PROJ12013113011Dwg1Exhibit\LegalPla125rw.dwg, 2PW400scale, Feb 21, 2013, 12:55pm, scoff DATE Feb, 2013 Page 3 of 4 February 13, 2013 PC Minutes Continued request of the Planning Commission for approval of a Tentative Parcel Map to divide one parcel into four lots at 2540 Legacy Way. (Applicant: Foster Advantage, Inc. File No. 12-P-01) Associate Planner Bereket gave a brief PowerPoint presentation based on the staff report. Staff recommends approval of the project. Vice Chair Jones asked why this wasn't done sooner. Director Bartlam stated that the owner chose not to divide and now the new owner wishes to do so. Commissioner Olson asked what the plan is for the new parcels. Director Bartlam stated that staff is only aware that the applicant is requesting a division of the lot, but Mr. Murphy may know more about what the applicant intends to do with the parcels. Hearinq Opened to the Public • Joe Murphy, with Dillon and Murphy representative of the owner, came forward to answer questions. Mr. Murphy stated that he does not believe the owner intends to develop the property herself. Public Portion of Hearing Closed MOTION /VOTE: The Planning Commission, on motion of Commissioner Kiser, Jones second, approved the request for a Tentative Parcel Map to divide one parcel into four lots at 2540 Legacy Way subject to the conditions in the resolution. The motion carried by the following vote: Ayes: Commissioners — Hennecke Jones, Kiser, Olson and Chair Kirsten Noes: Commissioners — None Absent: Commissioners - Cummins and Heinitz d) Notice thereof having been published according to law, an affidavit of which publication is on file in the Community Development Department, Chair Kirsten called for the public hearing to consider the request of the Planning Commission review for consistency with the General Plan related to proposed abandonment of a portion of an existing Access Easement on private property located at 2223 West Kettleman Lane Associate Planner Bereket gave a brief PowerPoint presentation based on the staff report. Staff recommends approval of the request to be forwarded to the City Council. Vice Chair Jones asked if the City paid for the easement. Director Bartlam stated that he was not aware of a payment. Mr. Bereket stated that there was not a payment made to the City. Commissioner Kiser asked if this is the same property that the church came to the Planning Commission for an expansion plan. Director Bartlam stated that this is the same property. Hearinq Opened to the Public • None Public Portion of Hearing Closed MOTION /VOTE: The Planning Commission, on motion of Commissioner Kiser, Jones second, approved the request for consistency with the General Plan related to proposed abandonment of a portion of J:\CommmityDevelopment\Pla ing\MINUTES\PC2013\02_13_13_PC_Minutes.doc RESOLUTION NO. 2013-98 A RESOLUTION OF THE LODI CITY COUNCIL DECLARING ITS INTENTION TO VACATE THE RIGHT-OF-WAY EASEMENT LOCATED AT 2223 WEST KETTLEMAN 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 right-of-way easement located at 2223 West Kettleman 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, July 17, 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 RESOLVEDthat copies of this resolution shall be published for at least two successive weeks prior to July 17, 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: June 5, 2013 I hereby certify that Resolution No. 2013-98 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 &JOHL City Clerk 2013-98 When Recorded, Please Return to: Lodi City Clerk P.O. Box 3006 Lodi, CA 95241-1910 RESOLUTION NO. 2013-138 A RESOLUTION OF THE LODI CITY COUNCIL SUMMARILY VACATING AND ABANDONING RIGHT-OF-WAY FOR ROADWAY PURPOSES LOCATED AT 2223 WEST KETTLEMAN LANE ------------------------------------------------------------------------ ------------------------------------------------------------------------ WHEREAS, Pastor Scott Hubbard, on behalf of Lodi First Nazarene Church, has requested the City vacate an existing 25 -foot wide right-of-way for roadway purposes on its property located at 2223 West Kettleman Lane, as shown in Exhibit A, attached hereto and incorporated herein; and WHEREAS, the right-of-way was dedicated to the City to reserve a north/south roadway alignment from Kettleman Lane to the parcel north of the church property, which is now Roget Park. As development along Tienda Drive progressed, the right-of-way was no longer needed to provide access to the Roget property. Vacation of this right-of-way will not impact current or future traffic circulation; and WHEREAS, the proposed vacation was approved by the Lodi Planning Commission on Wednesday, February 13, 2013; and WHEREAS, all public and private utility companies have been contacted in writing. AT&T requested a 15 -foot public utility easement for its existing utilities along the west side of the property. There are no other existing or planned public facilities located within the right-of- way and all other public and private utility companies have approved the vacation of the right-of- way without further comment or conditions. 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 vacation was approved by the Lodi Planning Commission on Wednesday, February 13, 2013. 3. The right-of-way for roadway purposes 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). 4. The 25 -foot wide right-of-way for roadway purposes on its property located at 2223 West Kettleman Lane, 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 right-of-way. 5. The City Clerk is hereby authorized and instructed to record this Resolution pursuant to Streets and Highways Code Section 8336. Dated: July 17, 2013 ------------------------------------------------------------------------ ---------------------------------------------------------------------- -- I hereby certify that Resolution No. 2013-138 was passed and adopted by the City Council of the City of Lodi in a regular meeting held July 17, 2013, by the following vote: AYES: COUNCIL MEMBERS — Johnson, Katzakian, Mounce, and Mayor Nakanishi NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — Hansen ABSTAIN: COUNCIL MEMBERS — None �&L-OLS(ON City Clerk 2013-138 EXHIBIT "A" LEGAL DESCRIPTION FOR ROADWAY RIGHT-OF-WAY ABANDONMENT All of that real property being a portion of the "25' Right of Way" in the southern "2.98 Ac." parcel as shown on the "Map of Survey" filed in Book 21 of Surveys at Page 26, San Joaquin County Records, tying in Section 10, Township 3 North, Range 6 East, Mount Diablo Meridian, City of Lodi, County of San Joaquin, State of California, described as follows: The West 25 feet of the West 251.00 feet of the East 1260.00 feet of the South one-half of the Southeast one-quarter of said Section 10. EXCEPTING THEREFROM the North 780.96 feet of said West 251.00 feet. ALSO EXCEPTING THEREFROM the real property known as public road Tienda Drive, as described in the Street Easement Deed recorded September 11, 1998 as Instrument Number 98107561. ALSO EXCEPTING THEREFROM the real property known as public road Keftleman Lane (State Highway Route 12) as described in the Street Easement Deed recorded September 11, 1998 as Instrument Number 98107561 in regard to the North 19 feet of said Keftleman Lane, and as described in the Easement Deed recorded December 20, 1926 in Volume 175 at Page 64, Official Records of San Joaquin County in regard to the South 25 feet of the North 44 feet of said Keftleman Lane. A plat attached hereto is hereby made a part of this Legal Description. END OF DESCRIPTION LAND Sel, DF ENGINEERING, INC. PAGE1AAS 1 OF 2 CIVIL ENGINEERING AND SURVEYING JOB 1301 ^' C 342.1 TUI -LY ROAD - SUITE J • MODESTO, CA 9S350 91 0 N0. 8078 TELEPHONE (209) 529-7450 - FAX (209).529-0457 AUTHOR STD �J'' CK. BY BJD SIGNED: J/&wftad4L�_P4K4a-xc_ February 21, 2013 SCALE N/A Op CAI,�� SCOTT S8DATE FWACTNEPROM01%1Dwe1 THOMAS lPlaOrw. we DecFeb2o,1iz:54pm,SWU DATE Feb, 2013 EXHIBIT •'Aww PLAT TO ACCOMPANY LEGAL DESCRIPTION FOR ROADWAY RIGHT-OF-WAY ABANDONMENT LYING IN THE SOUTH HALF OF THE SOUTHEAST QUARTER OF SECTION 10 T.3 N. R.6 E., M.D.S.M. CITY OF LODI, COUNTY OF SAN JOAQUIN, STATE OP CALIFdRNIA PV EST VINE STREET — W 0 OF SE 1 4 :�77n--F- LINE LEGEND:F� COR 1/4 SECTION LINE OR Ll FRACTIONAL SECTCTION LINE SAN JOAQUIN COUNTY GIS PARCEL LINES 25' ROADWAY RIGHT-OF-WAY TO BE ABANDONED. FOETHE SHADED AREA REPRESENTS TOEBE5ABANOONED. RIGHT-OF-WAY OF S 1/2 OF OF SECTION.10 i2( ..0-' NE COR OF S / OF SE 1/4. SECTION 10 ,. .� e 25' , 0 W 251' OF E 1260' a� S 1/2 OF SE 1/4 OF SECTION 10 OF x ) N WL26' AQ: N W 251' OF 2'I E 1260' OF SCALE 1'- 400s, S 1/2 OF a: SE 1/4 OF v) SECTION 10 GRAPHIC SCALE fA W I 0 200 400 800 o. a KETTLEMAN LANE SW R OF SE / OF SECTION 10. i2( ..0-' NE COR OF S / OF SE 1/4. SECTION 10 (STATE HWY. ROUTE S LINE OF SECTION 11 NO.1Z) a x v Ci T.3 N: R.6 Ei SEC �I 10 1 I O F— SE �ry `AND 9 DF ENGINEERING, INC. D Sp ENGINEERING AND SURVEYING vo 3427 TUL1.Y ROAD • SUITE J - MODESTO CA 95350 No6078 ,�r. / T_ELEPiiONE (2)9) 529-7450 - FAX (2091529-0457 SIGNED: 7�d -17')s4 fie_ February 21, 2013 F OF CSCOTT 8078 zOoTE PwnVEPROJV013lE*Ula.dwPIiQ Fe1s 12�m.s PAGE OF 2 JOB 1301 AUTHOR STD CK. BY BJD SCALE 1'= 400' DATE Feb, 2013 ,. .� E LINE OF W 25' , �o N Qa W 251' OF E 1260' S 1/2 OF SE 1/4 OF SECTION 10 1260.'- 25 �� (STATE HWY. ROUTE S LINE OF SECTION 11 NO.1Z) a x v Ci T.3 N: R.6 Ei SEC �I 10 1 I O F— SE �ry `AND 9 DF ENGINEERING, INC. D Sp ENGINEERING AND SURVEYING vo 3427 TUL1.Y ROAD • SUITE J - MODESTO CA 95350 No6078 ,�r. / T_ELEPiiONE (2)9) 529-7450 - FAX (2091529-0457 SIGNED: 7�d -17')s4 fie_ February 21, 2013 F OF CSCOTT 8078 zOoTE PwnVEPROJV013lE*Ula.dwPIiQ Fe1s 12�m.s PAGE OF 2 JOB 1301 AUTHOR STD CK. BY BJD SCALE 1'= 400' DATE Feb, 2013 DECLARATION OF MAILING LETTER AND RESOLUTION SUMMARILY VACATING AND ABANDONING RIGHT-OF-WAY FOR ROADWAY PURPOSES LOCATED AT 2223 WEST KETTLEMAN LANE On July 18, 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 right-of-way for roadway purposes located at 2223 West Kettleman 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 July 18, 2013, at Lodi, California. NIFE . ROBISON, CMC ASSISTANT CITY CLERK Forms/decmail.doc RANDI JOHL-OLSON 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- lodi.gov July 18, 2013 KONRADT BARTLAM City Manager RANDI JOHL-OLSON City Clerk D. STEPHEN SCHWABAUER City Attorney ,xf P =� G li r VACATION: TO SUMMARILY VACATE AND ABANDON RIGHT-OF-WAY FOR ROADWAY PURPOSES LOCATED AT 2223 WEST KETTLEMAN LANE This is to inform you that the City Council, at its regular meeting on July 17, 2013, considered the above matter and declared the area vacated and abandoned. Enclosed for your information is a 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. a ohl-Olson City Clerk RJO/jmr Enclosure cc: Public Works Department vacation/corresp/IResV acation.doc When Recorded, Please Return to: Lodi City Clerk P.O. Box 3006 Lodi, CA 95241-1910 RESOLUTION NO. 2013-138 A RESOLUTION OF THE LODI CITY COUNCIL SUMMARILY VACATING AND ABANDONING RIGHT-OF-WAY FOR ROADWAY PURPOSES LOCATED AT 2223 WEST KETTLEMAN LANE WHEREAS, Pastor Scott Hubbard, on behalf of Lodi First Nazarene Church, has requested the City vacate an existing 25 -foot wide right-of-way for roadway purposes on its property located at 2223 West Kettleman Lane, as shown in Exhibit A, attached hereto and incorporated herein; and WHEREAS, the right-of-way was dedicated to the City to reserve a north/south roadway alignment from Kettleman Lane to the parcel north of the church property, which is now Roget Park. As development along Tienda Drive progressed, the right-of-way was no longer needed to provide access to the Roget property. Vacation of this right-of-way will not impact current or future traffic circulation; and WHEREAS, the proposed vacation was approved by the Lodi Planning Commission on Wednesday, February 13, 2013; and WHEREAS, all public and private utility companies have been contacted in writing. AT&T requested a 15 -foot public utility easement for its existing utilities along the west side of the property. There are no other existing or planned public facilities located within the right-of- way and all other public and private utility companies have approved the vacation of the right-of- way without further comment or conditions. 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 vacation was approved by the Lodi Planning Commission on Wednesday, February 13, 2013. 3. The right-of-way for roadway purposes 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). 4. The 25 -foot wide right-of-way for roadway purposes on its property located at 2223 West Kettleman Lane, 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 right-of-way. 5. The City Clerk is hereby authorized and instructed to record this Resolution pursuant to Streets and Highways Code Section 8336. Dated: July 17, 2013 ------------------------------------------------------------------------ ------------------------------------------------------------------------ I hereby certify that Resolution No. 2013-138 was passed and adopted by the City Council of the City of Lodi in a regular meeting held July 17, 2013, by the following vote: AYES: COUNCIL MEMBERS — Johnson, Katzakian, Mounce, and Mayor Nakanishi NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — Hansen ABSTAIN: COUNCIL MEMBERS — None �&L-OLS(ON City Clerk 2013-138 EXHIBIT "A" LEGAL DESCRIPTION FOR ROADWAY RIGHT-OF-WAY ABANDONMENT All of that real property being a portion of the "25' Right of Way" in the southern "2.98 Ac." parcel as shown on the "Map of Survey" filed in Book 21 of Surveys at Page 26, San Joaquin County Records, lying in Section 10, Township 3 North, Range 6 East, Mount Diablo Meridian, City of Lodi, County of San Joaquin, State of California, described as follows: The West 25 feet of the West 251.00 feet of the East 1260.00 feet of the South one-half of the Southeast one-quarter of said Section 10. EXCEPTING THEREFROM the North 780.96 feet of said West 251.00 feet. ALSO EXCEPTING THEREFROM the real property known as public road Tienda Drive, as described in the Street Easement Deed recorded September 11, 1998 as Instrument Number 98107561. ALSO EXCEPTING THEREFROM the real property known as public road Kettleman Lane (State Highway Route 12) as described in the Street Easement Deed recorded September 11, 1998 as Instrument Number 98107561 in regard to the North 19 feet of said Kettleman Lane, and as described in the Easement Deed recorded December 20, 1926 in Volume 175 at Page 64, Official Records of San Joaquin County in regard to the South 25 feet of the North 44 feet of said Kettleman Lane. A plat attached hereto is hereby made a part of this Legal Description. END OF DESCRIPTION C31 sG9` LAND DF ENGINEERING, INC. PAGE 1 OF 2 CIVIL ENGINEERING AND SURVEYING JOB 1301 ^' o 3429 TUI -LY ROAD • SUITE J • MODESTO, CA 95350 N N0. 8078 TELEPHONE (209) 529-7460 - FAX (209) 529-0467 AUTHOR STD X�j71jj�� ff��,, CK. BY BJD SIGNED; / L6_ 4'v4_te_ February 21, 2013 SCALE N/A f OF CAI�E� RAACTNE PROMoS3COTDwe lblW-o Plet25rw,dwg, Tew, FFeb21S20183,012;548 n, soA DATE DATE Feb, 2013 EXHIBIT "A" PLAT TO ACCOMPANY LEGAL DESCRIPTION FOR ROADWAY RIGHT-OF-WAY ABANDONMENT LYING IN THE SOUTH HALF OF THE SOUTHEAST QUARTER OF SECTION 10 T.3 N. R.6 E., M.D.B.M. CITY OF LODI, COUNTY OF SAN JOAQUIN, STATE 0t CALIFbRNIA WEST VINE STREET — — W 0 OF SE 1 4 OF SE TION t0 I -- I I I I I I M I LINE LEGEND SECTION LINE OR FRACTIONAL SECTION LINE SAN JOAQUIN COUNTY GIS PARCEL LINES 25' ROADWAY RIGHT-OF-WAY TO BE ABANDONED. THE SHADED AREA REPRESENTS r,_, r. -w<' THE 25' ROADWAY RIGHT-OF-WAY -p %�•..�>-.,•:�,r. TO BE ABANDONED. SSN COR 0SF 172 OF SE 114 F SECTION 10 €SE 114 OF SECTIONF10 I I H q ..c_..�_._i._..i�..1_ e o NE COR OF S 1 OFj BE 1/4 OF SECTION 105 ::F - F W LINE OF a; z ( N W 25 OF w: tV W 251' OFr- E 1260' OF m-4— SCALE '- 400' 1 1/2 OF �s SE N . 5' 3 SECTION 10 cI � TIENDA DRI GRAPHIC SCALE s: ,• .`� cs E LINE OF W 25' O 1 N W 251' OF E 1260' OF T • N. qr S 112 OF SE 114 OF R.6 E 0 200 400 Boo SECTION 10 SEC I NO 1280.00' 10 1 KE�Of LANE r (STATE HWY. ROUTE NO.1Z) SE� SEC 1 SEC I i SW OF S CTION 10 j S LINE OF 1141SECTION I 10. �C-P `"N° s�9` DF ENGINEERING, INC. PAGE 2 OF 2 �w VIAS � UCIVIL ENGINEERING AND SURVEYING JOB 1301 3421 TULLY ROAD - SUITE J • MODESTO CA 95350 N No, 8078,j,. vilTEL0E-HOMEA•(20/9) 529-7450 - FAX (209; 5290457 AUTHOR STD r�� 0\ SIGNED; /ted�0.t_ February 21, 2013 SCALE Y 1'= 400' F 4F CA��EAM SCOTT THOMAS RELA E S 8078 RATE R:VICTIVE PROJIM0131130116rr9*bK\LepalPlat25rw.dwg, 2PW400scele, Feb 21, 2013,12S5pm, scent GATE Feb, 2013 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 EXHO'T B'1 1 11 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 2739005 ARCHIBALD, HELEN TR 2739006 HYSKE, KENNETH D & NANCY TR 2739007 CAMPER, BRUCE S & LINDA M 2739008 LEWIS, DANIEL M & JUDY L TR E 2739009 KIUNKE, TYRON S & ELEANOR J 2739030 THOMAS, MICHAEL V & SUSAN A 2739031 VANDERLANS, GERALD J TR 2741011 TARGET CORP PROP TAX DEPT T-853 2741013 2741014 BDC LODI PLAZA LP ETAL BCD CLOVIS LP SAN JOAQUIN COUNTY OFFICE OF ED ATTN 2741015 FLOYD WILSON 2741016 FAITH COMMUNITY CHURCH NAZAREN 2741025 EDEN HOUSING INC FIRST LODI PLAZA ASSOCIATE ET 5814048 MCDONALDS CORP DENISE PARADIS PHNTUS AUSTIN GARDENS INC EMERITUS 5837002 CORP HCP BROFIN PROPERTIES LLC THOMSON 5837003 REUTERS EASEMENT VACATION 2223 W. KETTLEMAN LANE OWNER -STREET OWNER -CITY OWNER ZI SITUS -ADDRESS 10711 THORNTON RD #131 STOCKTON CA 95209 1270 HEIDELBERG WY 14200 N CURRY AVE LODI CA 95240 1275 HEIDELBERG WY 1263 HEIDELBERG WAY LODI CA 95242 1263 HEIDELBERG WY PO BOX 963 WOODBRIDGE CP 95258 1255 HEIDELBERG WY 1247 HEIDELBERG WAY LODI CA 95242 1247 HEIDELBERG WY 1252 HEIDELBERG WAY LODI CA 95242 1252 HEIDELBERG WY PO BOX 1771 WOODBRIDGE CP 95258 1260 HEIDELBERG WY PO BOX 9456 MINNEAPOLIS Mr 55440 2375 W KETTLEMAN LN TIENDA 1556 PARKSIDE DR WALNUT CREEK C 94596 DR\2309 PO BOX 213030 STOCKTON CA 95213 2241 W KETTLEMAN LN PO BOX 1495 LODI CA 95241 2223 W KETTLEMAN LN 22645 GRAND ST HAYWARD CA 94541 0 4502 GEORGETOWN PL SUITE 100 STOCKTON CA 95207 2312 W KETTLEMAN LN 3131 ELLIOTT AVE #500 SEATTLE WA 98121 2150 W KETTLEMAN LN PO BOX 4549 CARLSBAD CA 92018 2220 W KETTLEMAN LN SUBJECT: PUBLISH DATE: Please immediately confirm receipt of this fax by calling 333-6702 CITY OF LODI P.O. BOX 3006 LODI, CALIFORNIA 95241-1910 ADVERTISING INSTRUCTIONS RESOLUTION OF INTENTION TO VACATE THE RIGHT-OF-WAY EASEMENT LOCATED AT 2223 WEST KETTLEMAN LANE SATURDAY, JUNE 8, 2013 SATURDAY, JUNE 15, 2013 TEAR SHEETS WANTED: One (1) please SEND AFFIDAVIT AND BILL TO: LNS ACCT. #0510052 DATED: THURSDAY, JUNE 6, 2013 ORDERED BY: RANDI JOHL CITY CLERK AJ AP iISTANT OITFER ROBISON, CMC S CITY CLERK RANDI JOHL, CITY CLERK City of Lodi P.O. Box 3006 Lodi, CA 95241-1910 MARIA BECERRA ADMINISTRATIVE CLERK Faxed to the Sentinel at 369-1084 at `t U SOary�(time) on 6 (date) (Pages) LNS Phoned:to confirm recelpf of all pages at (time) , CF.' MB )MR (initials) forms\advins.doc NOTICE OF PUBLIC HEARING RESOLUTION NO. 2013-98 A RESOLUTION OF THE LODI CITY COUNCIL DECLARING ITS INTENTION TO VACATE THE RIGHT-OF-WAY EASEMENT LOCATED AT 2223 WEST KETTLEMAN 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 right-of-way easement located at 2223 West Kettleman Lane, as shown on map 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, July 17, 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 July 17, 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: June 5, 2013 ------------------------------------------------------------------------ ------------------------------------------------------------------------ I hereby certify that Resolution No. 2013-98 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 RANDI JOHL City Clerk 2013-98 G� 00DECLARATION OF MAILING LETTER AND RESOLUTION OF INTENTION TO VACATE THE RIGHT-OF-WAY EASEMENT LOCATED AT 2223 WEST KETTLEMAN 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 of intention to vacate the right-of-way easement located at 2223 West Kettleman 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. J RFER U. ROBISON, CMC ASSISTANT CITY CLERK Forms/decmail.doc 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 citvclerkalodi.gov June 6, 2013 KONRADT BARTLAM City Manager RANDI JOHL, City Clerk D. STEPHEN SCHWABAUER City Attorney �4te-. A] VACATION: INTENTION TO VACATE THE RIGHT-OF-WAY EASEMENT LOCATED AT 2223 WEST KETTLEMAN LANE This is to inform you that the City Council, at its regular meeting on June 5, 2013, adopted a Resolution of Intention to vacate the right-of-way easement located at 2223 West Kettleman Lane and set a public hearing for July 17, 2013. Enclosed for your information is a copy of the resolution along with a map of the area to be abandoned. In addition, this matter was heard by the Planning Commission on February 13, 2013. Please contact the Community Development Department at (209) 333-6711 if you have any questions. Should you have questions regarding the abandonment, please contact the Public Works Department at (209) 333-6706. ndi J ri City Clerk RJ/jmr Enclosure cc: Public Works Director Community Development Director vacation/corresp/IReslntention. doc NOTICE OF PUBLIC HEARING RESOLUTION NO. 2013-98 A RESOLUTION OF THE LODI CITY COUNCIL DECLARING ITS INTENTION TO VACATE THE RIGHT-OF-WAY EASEMENT LOCATED AT 2223 WEST KETTLEMAN 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 right-of-way easement located at 2223 West Kettleman 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, July 17, 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 July 17, 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: June 5, 2013 ------------------------------------------------------------------------ ------------------------------------------------------------------------ I hereby certify that Resolution No. 2013-98 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 &JOHL City Clerk 2013-98 400 0 200 400Feet --.. i Tlas mop iss u—gerented stdc mdptd from en lMwWmq*m sh aiM > NOW$ W1D_1989_StasPlans_Ceifomie III_FIPS 0403 Feet is Wrrefetanceo�dy. Diahyws BW .cmre�;a eBu reGiMe. a 0City of Lodi Geogmphic lnfomuWw Systems THIS NAP IS NOT TO BE USED FOR NpNGgTION 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 Certified copies to: Denise Wiman, Public Works Chris Boyer, Public Works Community Development Department 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 2739005 ARCHIBALD, HELEN TR 2739006 HYSKE, KENNETH D & NANCY J TR 2739007 CAMPER, BRUCE S & LINDA M 2739008 LEWIS, DANIEL M & JUDY L TR E 2739009 KIUNKE, TYRON S & ELEANOR J 2739030 THOMAS, MICHAEL V & SUSAN A 2739031 VANDERLANS, GERALD J TR 2741011 TARGET CORP PROP TAX DEPT T-853 2741013 2741014 BDC LODI PLAZA LP ETAL BCD CLOVIS LP SAN JOAQUIN COUNTY OFFICE OF ED ATTN 2741015 FLOYD WILSON 2741016 FAITH COMMUNITY CHURCH NAZAREN 2741025 EDEN HOUSING INC FIRST LODI PLAZA ASSOCIATE ET 5814048 MCDONALDS CORP DENISE PARADIS PHNTUS AUSTIN GARDENS INC EMERITUS 5837002 CORP HCP BROFIN PROPERTIES LLC THOMSON 5837003 REUTERS EASEMENT VACATION 2223 W. KETTLEMAN LANE OWNER _STREET OWNER _CITY OWNER_ZI SITUS -ADDRESS 10711 THORNTON RD #131 STOCKTON CA 95209 1270 HEIDELBERG WY 14200 N CURRY AVE LODI CA 95240 1275 HEIDELBERG WY 1263 HEIDELBERG WAY LODI CA 95242 1263 HEIDELBERG WY PO BOX 963 WOODBRIDGE CP 95258 1255 HEIDELBERG WY 1247 HEIDELBERG WAY LODI CA 95242 1247 HEIDELBERG WY 1252 HEIDELBERG WAY LODI CA 95242 1252 HEIDELBERG WY PO BOX 1771 WOODBRIDGE CP 95258 1260 HEIDELBERG WY PO BOX 9456 MINNEAPOLIS MI 55440 2375 W KETTLEMAN LN 2310 TIENDA DR\2309 W 1556 PARKSIDE DR WALNUT CREEK C 94596 KETTLEMAN LN PO BOX 213030 STOCKTON CA 95213 2241 W KETTLEMAN LN PO BOX 1495 LODI CA 95241 2223 W KETTLEMAN LN 22645 GRAND ST HAYWARD CA 94541 0 4502 GEORGETOWN PL SUITE 100 STOCKTON CA 95207 2312 W KETTLEMAN LN 3131 ELLIOTT AVE #500 SEATTLE WA 98121 2150 W KETTLEMAN LN PO BOX 4549 CARLSBAD CA 92018 2220 W KETTLEMAN LN DECLARATION OF POSTING RESOLUTION OF INTENTION TO VACATE THE RIGHT-OF-WAY EASEMENT LOCATED AT 2223 WEST KETTLEMAN LANE On Thursday, June 6, 2013, in the City of Lodi, San Joaquin County, California, a Public Hearing Notice re: intention to vacate the right-of-way easement located at 2223 West Kettleman 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 June 6, 2013, at Lodi, California. J&NIFERN�. ROBISON, CMC ASSISTANT ITY CLERK N:\Administration\CLERK\Forms\DECPOST.DOC ORDERED BY: RANDIJOHL CITY CLERK MARIA DITMORE ADMINISTRATIVE CLERK NOTICE OF PUBLIC HEARING -- RESOLUTION NO. 2013-98 X A RESOLITION OF THE LODI CITY COUNCIL DECLARING ITS INTENTION 10 VACATE THE RIGHT-OF-WAY EASEMENT LOCATED AT 2223 WE KETTLEMAN LANE, AND TO SET A PUBLIC HEARING SO ALL �ERSONS INTERESTED IN OR OBJECTING TO THE --------PFZOPOSED ABANDONMENT CAN BE HEARD NOW, THEREFORE, BE IT RESOLVED by the Lodi City Council as follows: It is the intentionf the City Council of the City of Lodi, acting in accordance with the provisions of Section 830 et seq. of the Streets and Highways Code of the State of California, to vacate the right -of -W, ' easement located at 2223 West Kettleman Lane, as shown on Exhibit A attached hereto nd 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 particu, ars as to the proposed vacation. BE IT FURTHR RESOLVED that this City Council does hereby fix Wednesday, July 17 20 '{3 at the hour of 7:00 .m., in the City Council Chambers, Carnegie Forum, 305 West Pine reet, Lodi, California, as the time and place when and where all persons interested in or o 'jecting to this proposed vacation may appear before this City Council and be heard; and BE IT FURTHER ESOLVED that the Public Works Director shall cause to be posted notices of vacation consp, uously along the line of the portion of street hereinabove described and proposed to be vacat 'd in the manner, form, and for the length of time set forth in Section 8323 of the Streets and Hi hways Code of the State of California; and BE IT FURTHER 4ESOLVED that copies of this resolution shall be published for at least two successive weeks pri'"r to July 17, 2013 in the "Lodi News Sentinel", a daily newspaper of general circulation printed! nd published in the City of Lodi, County of San Joaquin. Dated: June 5, 2013 ------------------- I hereby certify ttt Resolution No. 2013-98 was passed and adopted by the City Council of the City of Lodi 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: COU IL MEMBERS —None ,I ABSTAIN: COU IL MEMBERS — None I' i &JOHL City Clerk 2013-98 j s S a c•„- 'b _ '.„" a c �'e+ n- df s: xnf v ,,. 1 'u < /r+9.x': a a ta t + ir"v'1z 3 Turner Rd. L-odiAv ' y 7224 t� —_. i N CA Roget Park cNv N Tienda Dr. Tienda nr I j N � N � N N N NI e Kettleman Ln. / Hwy. 12 f ----_J -- to >i i � I 1145: r� 400 0 200 400Feet tL10 1983 $bte Pbne Caafomie_III_FIPS 0603 Foa J City of Lodi Geogmphk Info—non System Kettleman Ln. 1 Hwy. 12 1 ; 7820 I i 17e;Fj:1)7J ADC q'Oi % Map Scale This map is a user generated static output hom an Internal mapping sda and Notes Ij is for r.fana—only. Data layers that appear on this map mry ormay notbe :� ! NOT acaxale, torten!, or athervnse retable. THIS MAP IS TO 8E USED FOR NAVIGATION 23 I i_____–. _�---i.. i` 1210 i-----' --_—'--}.. 1187 _ 115,7 _ –1 1231 )) 1220 , 12 i5 1216 I —. F- Q 1228 12zi r 1222 7195 195 1 1 ! 1200 1209 I g , — - -' 1239 –'--- –1. 1236 `I ... ! 12217 '— 1 — - -- 1203 ! 1208 1215 --1-.. Legend 7 : �~ — 1 L_ 1228 –"� 12 I - 1 "> m Project Area 124-0 _. 123 I 1234 1271 1276 27 ? 1255.._.._.___..- --: 1 1252 .,-------i. _.—._ - 12601311 1245 r --- 1275 1 1270 , . — –� 1246 �... 1248 1227 I _ I 232 I 1272 1317 I I JI1 i 1273 ___�_•_ ---oN N ...r.1 I Fla I Kettleman Ln. 1 Hwy. 12 1 ; 7820 I i 17e;Fj:1)7J ADC q'Oi % Map Scale This map is a user generated static output hom an Internal mapping sda and Notes Ij is for r.fana—only. Data layers that appear on this map mry ormay notbe :� ! NOT acaxale, torten!, or athervnse retable. THIS MAP IS TO 8E USED FOR NAVIGATION �_ = MEMORANDUM "' Office of the Lodi City Clerk TO: Public Works Director FROM: Randi Johl City Clerk DATE: June 6, 2013 SUBJECT: RESOLUTION OF INTENTION TO VACATE THE RIGHT-OF-WAY EASEMENT LOCATED AT 2223 WEST KETTLEMAN LANE Please be advised that the City Council, at its meeting of June 5, 2013, adopted the attached resolution declaring its intention to vacate the right-of-way easement located at 2223 West Kettleman Lane and set the matter for public hearing on July 17, 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/jm r Attachment vacation/corresp/mposting.doc