HomeMy WebLinkAboutAgenda Report - August 5, 1987 (79)CITY COUNCIL MEETING
AUGUST 15,` 1987
RES. N0. 87-102 Council adopted Resolution No. 87-102 - Resolution of
Vacation of Public Utility Easements in Lots 26, 27, and
CC -52(b) 28, Industrial Lite Subdivision. Council was apprised
that these public utility easement abandonments have been
requested by the owner of 419 North Cluff Avenue to allow
for more buildable space on the lots. The owner of 419
North Cluff has paid the required fees to process this
abandonment. Pacific Bell, PG&E, King Videocable Company,
and City utilities have been notified of this proposed
abandonment and their approval has been secured.
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• CITY OF LORI
PUBLIC WORKS DEPARTMENT
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UNCIL COMMUNICATION
TO: City Council
FROM: City Manager
MEETING DATE: August 5, 1987
AGENDA TITLE: Adopt Resolution of Vacation of Public Utility Easements in
Lots 26, 27 & 28, Industrial Lite Subdivision, Cluff Avenue
RECOMMENDED ACTION: That the City Council adopt a resolution vacating the
five-foot public utility easements along the westerly line of Lots 26, 27 and
28 in Industrial Lite Subdivision.
BACKGROUND INFORMATION: These public utility easement abandonments have
been requested by the owner of 419 N. Cluff Avenue to allow for more
buildable space on the lots.
The owner of 419 S. Cluff Avenue has paid the required fees to process this
abandonment. Pacific Bell, PG&E, King Videocable Company, and City utilities
have been notified of this proposed abandonment and their approval has been
secured.
Under Section 8333 of the Streets and Highways Code, a local agency may
summarily vacate a public service easement if "the easement has not been used
for the purpose for which it was dedicated or acquired for five consecutive
years immediately preceding the proposed vacation's,. Since these easements
have not been used for pubiic utilities for over five years, this Department
recommends that the request to vacate these easements be granted without
Planning Commission referral or the nonnal posting, publishing, and public
hearing.
Attached is a copy of the proposed resolution and a sketch showing the area
of the proposed abandonment.
Jac L. Ronsko
Publ c Works Director
JLR/WF/ma
Attachments
APPROVE: -� � _ FILE NO.
CPUEABA3/TXTW.02M July 21, 1987
RESOLUTION NO. 87-202
RESOLUTION OF VACATION OF PUBLIC UTILITY EASEMENI�,
IN LOTS 26, 27 & 28, INDUSTRIAL LITE SUBDIVISION
WHEREAS, in Industrial Lite Subdivision as recorded December 3, 2979,
there were dedicated easements for public utilities located in Lots 26, 27, and
28 of Industrial Lite Subdivision, more particularly described as follows and
delineated on the attached map:
The westerly 5 feet of Lots 26, 27, and 28 of Industrial Litz
Subdivision as recorded in Book of Maps and Plats, Volume 25,
Page 24, San Joaquin County Records.
Except the northerly 2 feet of Lot 26 and the southerly 8 feet
of Lot 28.
WHEREAS, the owner of 419 North Cluff Avenue has requested that the City
of Lodi abandon such easements to allow for more buildable space on the lots; and
WHEREAS, such easements have not been used for public utilities for the
past five years; and
WHEREAS, the Streets and Highr•ays Code of the State of California,
Division 9, Part 3, Chapter 4, Sections 8300 et seq., provides that the
legislative body of a local agency may summarily vacate a public service easement
if the easement has not been used for the purpose for which it was dedicated or
acquired for five consecutive years immediately preceding the proposed vacation;
and
WHEREAS, in accordance with Streets and Highways Code Sections 8300 et
seq., it is the desire of the City Council of the City of Lodi to vacate such
easements.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lodi as
follows:
That the public utility easements located in Lots 26, 27, and 28 of
Industrial Lite Subdivision be vacated; and
That from and after the date this resolut;on is recorded, such easements
will no longer constitute public service easements.
Dated: August 5, 1987
I hereby certify that Resolution No. 87-102 was passed and
adopted by the City Council of the City of Lodi in a regular meeting
held August 5, 1987, by the following vote:
Ayes: Councilmembers - Olson, Snider and Reid
Noes: Councilmembers - one
Absent: Councilmembers - Hinchman and Pinkerton
Attest. l
&.
ALICE M. REIMCHE
City Clerk
87-102
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