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HomeMy WebLinkAboutAgenda Report - October 6, 1982 (51)ORDER OF VACATION ADOPTED VACATING A 20 -FOOT STRIP OF LAND LYING NORTH OF LO- 37,WALNUT ORCHARD TRACT, LODI <i f OC�GHER� 1982 5 ' y - �'. r5�/� p be �✓ i � �a �� 1 �'g{h,'j`�`3` _� {S{3v � �t�tJ r.isy'� +Y : q x ,rx y , . a ,� - ?,�• �� . Y , r. It was Staff's recommendations that the adoption of the Ore° -r be conditioned upon the ret ration oil tine necessary public easements and that the order not be recorded until funds have been received for pole relocation in the area. There were no persons wishing to speak on the matter, and the public portion of the hearing was closed. On motion of Councilman Pinkerton, Olson second, Cc uncil adopted an Order of Vacation, tihereby vacating a 20 -foot strip of land lying north of Lot 31, Walnut Orchard Tract, Lodi, reserving, however, and excepting from the vacation, the permanent easment included therein. Further, the City Clerk was directed not to record the Order until such time as the condition had been met regarding pole relocation in the subject area. i � e:Y � � r'a»�, Yyr'�ry :ri..' ,�,f•�' �.-M,c �.r z �� � � .. � ^' �• �i��, T,y'�:ir\'X', l5`x�r 'ii �"y �..: r. LODI Mm saNTDm- CITY OF LODI 221 W. Pine Street Lodi, California ADVERTISING INSTRUCTIONS. IMOLUTIO11 D=JkRM TIM 3D(TMMXOX 4TH THX CITY COUNCIL OF THE CITY OP LODI TO VACATB A 20 -FOOT STRIP Or .LMM .LYING ,NORTH OF LOT 37, S u b j e c t_1 now TRl1CT�, LDI Publish Dates:�&pUNIb= ism 1222 Tear Sheets Wanted Three Affidavit and Bill To: ALICE M. REIMCHE, CITY CLERK. CITY HALL DATEtAuoumt 23. 1982 Ordered By: ALICE M. RE CHE CITY CLERK t 7 rn,. '... •+•ham i16 i} y M1 iZV T. Zt ^OdFai7 M O o t• s � RESOLUTION NO. 82-87 RESOLUTION DECLARING THE INTENTION OF TIfE CITY COUNCIL OF THE CITY OF LODI TO VACATE A 20 -FOOT STRIP OF LAND LYING NORTH OF LOT 37, WALNUT ORCHARD TRACT, LODI, CALIFORNIA BE IT RESOLVED by the City Council of the City of Lodi as follows: Section 1. It is the intention of the City Council of the City of Lodi, acting in accordance with the provisions of Part 3 of Division 4 of the Streets and Highways Code of the State of California, to vacate, close, and abandon the following portions of a street situated in the City of Lodi, County of San Joaquin, State of California, more particularly depicted as follows: R S -3 �. _ 82-87 -1- rapt 4~CITY190F LODI' 4t,RQ p�!► DEPARTMENT r. LL J lzij mow^ m�'� Mw Dole Approved Approved by CAee►N ►dilc Mrer►e Director �t RCE 12-OAtWAY A%,Nv M aotz-rtow of W A L N U`C OIZ.0=A -M Dote K� �V Reserving, however, and excepting from the vacation of said street, the permanent easement and the right therein to construct, maintain, repair and operate lines for public utilities, both publicly and privately owned, in, over, and across said alleys. Reference is hereby made to a map or plan on file in the office of the City Clerk for particulars as to the proposed vacation. Section 2. NOTICE IS HEREBY GIVEN that this City Council does hereby fix WEDNESDAY, October 6, 1982, at the hour of 8:00 p.m. in the City Council Chambers, City Hall, Lodi, California, as the time and place when and where all persons interested in or objecting to the vacation herein proposed may appear before this City Council and be heard. Section 3. Upon adopting of this resolution, the Superintendent of Streets shall post, or cause to be posted, notice of such passage and of the time, form and manner as prescribed by law for the vacation of streets. Section 4. This resolution shall be published one time in the"Lodiflews Sentinel", a daily newspaper of general circulation printed and published in the City of Lodi, said publication to be completed at least fifteen days prior to said hearing. Dated: August 18, 1982 I hereby certify that Resolution No. 82-87 was passed and adopted by the City Council of the City of Lodi in a regular meeting of said Council held on August 18, 1982 by the following vote: Ayes: Council Members - Olson, Snider, Pinkerton, Murphy and Reid Noes: Council Members - None Absent: Council Members - None ALICE M. MCHE City Clerk 82-87 -3- no Oil -11 lamm 4 t._ u y Y I - the:CityClerk of.,the City of Lodi for the particulars as to the proposed 'vacation: Dated: October` b, 1982: _ I hereby. certify that the foregoing ORDER VACATING A 20 FOOT STRIP OF LAND IN WALNUT ORCHARD TRACT, LODI, CALIFORNIA, with �gcondi ti ' 3"hare tofore stated rzzs passes .and : adopted'. by thejlodi °City: Council ' in:a° regular meeting held, October-. b,. 1982. by tAe"f01l6Wi4-4ote: +Murphy.. lyesz` .Council,Members - Snider, Olson , Pinkerton, and Reid Noes::: Council Members - None -: Absent: Council Members - None ALICE M.-REIMCHE City Clerk } t ! S lJ" y . ` -2- Al �J IN ORDER VACATING A 2O.FOOT STRIP OF LAND IN WALNUT ORCHARD TRACT, LODI, CALIFORNIA WHEREAS, this City Council, acting in accordance with provisions of Part III of,,Division. 9 of the Streets and iii' ays Code of this State, did on the 18th day of'August, 1982 pass and adopt a Resolution of Intention No. 8287 therein declaririg'the.intention of said City Council to vacate a 20 foot strip of`iand in WALNUT_,ORCHARD TRACT, Lodi, California, County of San Joaquin, State of California, and more particularly described as follows, to wit: A strip of .land 20.00 feet in width the south line of - - --said strip being -the -North line of Lot 37 of'said WALNUT ORCHARD TRACT WHEREAS. notice of said intended vacation was regularly given by publicaticn`and, by' posting, both in time, fora 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 provisions stated in Resolution No. 82-87 and also contained in the posted notices of the adoption of said`re.solution, notice was_ given that a publ ic_ Mating; wquld: be. held iefore the._City Counr_il�_ivV i'Citji Count hers, City Nall, Lodi , California, beginning pt=8;0O` p.w: on Wednesday, 'October 6, 1982, where and when any person interested in or object - to said vacation could appear and be heard in relation thereto; an WHEREAS, at that time and. place a public hearing was held and conducted, and testimony received for and against the vacation contempiated,:and from the"" tvidence aubmittadthe Citjr Council of the City of Lodi did ,datermine_thet said strfp of`land`is unnecessary for present or future public use:and,did so:fiit� and -declare; that the. Planning Commission did find that the subject vacation was consistent with the ``general plan of the City of Lodi; - NOMt THEREFORE, BE IT RESOLVED that pursuant to the findings.and under the authority of Section 8323 of the streets and Highways Code of=the Stati,`707 California, thit.there is:hereby abandoned the 20 foot strip of.land in.`WALNW ORCfiARO TRACT and titre particulariy'described as follows: A strip of land 20.00 feet in width the south line of said strip being the North line of Lot 37 of said WALNUT ORCHARD TRACT RESERVING, however, and excepting from the vacation of said strip of land, the permanent easements and the right therein to construct, maintain, :repair and -.operate lines for public utilities, both publicly -and privately owned,.. in;= over., and across the following portions of said. strip: _ The East 5.00 feet The North 5.00 feet Reference is hereby made to a map or plan on file in the office of ORDER VACATING A 20 FOOT STRIP OF LAND IN WALNUT ORCHARD Miff, tOD!1CWrrMMM__ WHEREAS, this City Council, acting in U%ccordmnce with provisions or' the 18th day of August, 1982 pass and adopt a Resolution of Intention No. 82-87 -tnttttoti b f ski d trffy "Coiencil`�o' vacs i;e'atS T•oo f s tri p of land in WALNUT ORCHARD TRACT, Lodi, California. Count,"fa�Joaguin� StaFtg__ a►�d-ft-ificulariy desc'r�bed'as follows, to wit: �- �'"�fk"Tt�ip`iif"Tand-70:�fee�-ini+�dth the south line of__. _---�_...--------------- said strip being the North line of Lot 37 of said WALNUT ORCHARD TRACT WHEREAS',e3if' aid-Viten-Ced" vacat%n rias regutariy given 6y ���' publication and by posting, both in time, form and manner as required by law as -is -evidenced -by-affidavits or `file and" of ""record iiiiie office oFie _ �. _____.-- --- City Clerk of the City of Lodi; and MHEREAS, in accordance_ with .__:8Te�u!'a7o" confa" n% finie posted -notices of the adoption of said resolution, _ notice was given that a public hearing would be held be re the City 00 ij in" i'�9 C'Rj► %TTO Coot C i�orn�a,�6eg�nn ng at p.�. on Wednesday,, October 6, 1982, where and when any person interested in or_object ---`- -- *q -to said vacatfie� could appear and- be heard in relation thereto; and V' �' "1IfTERE�IS; at t conducter and testimony received for and against_the _vaation_cQtl�gTpl�d,rd fromhe�w�___ _ - `r"�evtei�RT"%Mi`tTe-C1 ie�'i�Ej►_o 0FoF the City of Lodi did determine that ss d - strip of land is unnecessary for present or_tuture publio us�►rsd. did e .. _ .-- Mt e Pann ng oMiifssi"on_dQ find that theubject vacation was consistent with the general plan of the City of Lodi; NOWs THEREFORE, BE IT RESOLVEDthat Pursuant �ig_Ling dis and under iI'i1 ori�of3�i`on-SMI—of-We sheets an N ghways Code of the State of California, that there is hereby abandoned the 20 foot strip bf land in WALNUT --�"- ORCHARD`TRACT-Xnaiaore-particuMrly escr ed-as�oflows "`- A-stirlp of land 20.00 feet in width the south line of said strJjLbging. the -North _line of ~ WALNUT ORCHARD TRACT • __-T—'R�RVIM, hn%rever, and. excepting frau iIlthe vacation of said strip of land, the permanent easements and the right t*: _tQ •ad �re"I"r`and operaTines dor--pub1fc otifitfes, both publicly and privately owned, in, over, and across the following portions of said strip: The North 5.00 feet Reference is hereby made to a map or plan on file in the office of r �M4 ,_ � � _ _- _.__,.. r.a.w ..... .�.,...._.�.. ... ...._......-.w......sv+�.... CITY OF LODI PUBLIC WORKS DEPAitIMENT -ZU-V-T STOP ON: USAAU--':� 02MIN-M Te. . Qw.11� A8A DOt�i11l1EAli NO -a,. Part bf. this % 37.. 38.p � �' :. Ago.* •- vi • AWOO N�. • {�42. o :oI rrj..#L5 A IN Aha "a I cote Awas ot, Awtv$40 by A.