HomeMy WebLinkAboutAgenda Report - December 16, 1981 (31)-� .�....�..� "ACSCvt JJaving ween puoiisnea ana posteca,
PORTION OF DAISY and affidavits of publication and posting being on
AVENUE BETWEEN file in the office of the City Clerk, Mayor McCarty
PLEASANT AVENUE called for the Public Hearing to consider the
AND CHURCH vacation of a portion of Daisy Avenue between
STREET. Pleasant Avenue and Church Street.
The matter was introduced by Public Works Director
Ronsko who presented -a diagram of the subject area.
There were no persons in the audience wishing to
speak on the matter and the public portion of the
hearing was closed.
Council was apprised that following review of the
matter, the Planning Commission had recommended
approval by the Council of the subject vacation.
On motion, of Councilman Pinkerton, Hughes second,
Council determined that no public need existed and
abandoned a portion of Daisy Avenue between
Pleasant Avenue and Church Street subject to the
reservation.of public utility easements as deter-
mined by the Public works Director.
RESOLUTION NO. 81-158
RESOLUTION DECLARING THE INTENTION OF THE CITY
COUNCIL OF THE CITY OF LODI TO ABANDON A PORTION
OF DAISY AVENUE BETWEEN PLEASANT AVENUE AND
CHURCH STREET, LODI
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 provisions of
Section --8300 et seq of the Streets and Highways Code of the
State of -California, to vacate, close and abandon a portion of
-the-public street known as Daisy Avenue between Pleasant Avenue
and Church Street, situated in the City of Lodi, County of
San Joaquinr State of California, and more particularly described
as follows, to wit:
A portion of the west half of the northwest quay ter
.,r Section 1, T.3N.R.6E., M.D.B. 6 M. being more
particularly described as follows:
Beginning at the northeast corner of Parcel 3
as shown on Map of Survey filed for record February
8, 1951, in Volume 8, page 150, Record of Surveys,
San Joaquin County Records; thence S.890 46' 30" W.,
along the north line of said Parcel and its westerly
extension, 378.10 feet to the northwest corner of
Lot 1, as shown on map entitled "Resubdivision of
the west one-half of Block 2, Ayers and Pitchers
Addition to the City of Lodi", and filed for
81-158
-1-
said "Resubdivision" and its easterly extension,
378.98 feet to a point in the East line of said
Parcel 3= thence N. Oo 22' 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.
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 the City Council
does hereby fix Wednesday, December 16, 1981, 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 vacatfon herein proposed may appear before
this City Council and may be heard.
Section 3. - Upon adoption of this resolution, the
Director of Public Works shall post, or cause to be posted, notice
of such passage and of the time and place set herein for public
hearing, in accordance with and in time, form, and manner as
prescribed by law for the vacation of streets.
Section 4. - This resolution shall be published one
time in the "Lodi News Sentinel", a 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.
81-158
-2-
)Wu tA-) LCau.b
DOREEN L. GAUGEL
Dcpnty-City Clerk
81-158
-3-
a �
'fix
Datedg
November
18, 1981
I hereby
certify that
Resolution No. 81-158 was passed
and adopted by the City Council of
the City of Lodi in
a regular meeting held November 18,
1981 by the follow-
ing"vote:
Ayes:
Councilmen -
Hughes, Murphy, Pinkerton, Katnich
and McCarty
Does:
Councilmen -
None
Absent-
Councilmen -
None
)Wu tA-) LCau.b
DOREEN L. GAUGEL
Dcpnty-City Clerk
81-158
-3-
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Commission
3) Determined that no public need existed and
recommended the abandonment of a portion of Daisy
Avenue between Pleasant Avenue and Church Street
subject to the reservation of public utility
easements as determined by the Public Works
Director.
The Planning Commission also -
1) By a 3 -to 3 vote with Commissioner Kirst
absent, denied the request of Beverly Enterprises
for a Use Permit to convert a single-family lot
at 1001 York Street to off-street parking to
permit the expansion of Fairmont Rehabilitation
Hospital at 950 South Fairmont Avenue.
2) Approved the request of Saumbach and Piazza,
Consulting Engineers, on behalf of Marvin Wiebe
c.`
for, (l) a Revised Tentative -lap- o=f Summerfield-,
Unit #2, a 66 -lot single-family condominium pro-
jeci proposed for 1820 and.1902 South Church Street
in an area zoned.P-D (221, Planned Development
District No. 22; and (2) a Use Permit (U-81-44)
to construct the above identified project.
3) Approved the request of Baumbach and Piazza,
Consulting Engineers, on behalf of S.K. Brown
for a Tentative Parcel Map to conbine 2 lots at
416 and 422 West Pine Street (i.e. Lots 16 and 17,
Block 3, Larson's Pine Street Addition) in an area
zoned R -C -P, Residential, Commercial, Professional.
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,
19R4 pass and adopt its Resolution of Intention No. 81-158
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 resolu-
tion; and
1935
'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
saidd-Reso-lution No. 81-158 and also contained in the posted
notices of -the adoption of said resolution, notice was given
tha:t:a- public bearing 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 -and whets -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 the
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 describe4 as follows:
-1-
r B ianin at_:..the northeast corner of Parcel 3
e4: n
aw "shown ori ;1Map ° of . Survey filed for record February
8, 19514,_ in :Volume. 8, page 1500 Record og Surveys,
San,Joaquin County Records; thence S. 89 46'
30 - W , ,_-along the north line of said Parcel and
its'westerly:extension,-378.10 feet to the northwest
colter ;of :Lot-, l as. shown on map entitled "Resub-
Y. d3vfsion-of..the west one-half of Block 2, Ayers
and pitchers Addition to the City of Lodi", and
filed4for record July 3, 1913 in Volume 7, page
19, in the Office of the Cougty Recorder, San
Joaquia County -t thence S. 85 41' 03" E., along
the line -of -said "Resubdivision" and it.-,
easterly extension, '379.98" feet to a pont in the
east Iine of -said Parcel 3s thence N. 0 22' 00"
W.,_,aj-3ng said East line, 30 feet more or less
to 'the point of beginning.
Reserving an easement over the west 10 feet of the
e4et =198.7.5 feet-.
..,Reserving, however, and excepting from the vacation
of safdportio of _said street, the permanent ea ement and tha=t
right therein to construct, maintain, repair and operate lines
for _public ittf.ii-tfes.- =bo-tiv publicly and privately owned# in,
over, a across said street.
Dated: Decmnber 16-,- 1981
I hereby certify that the above order was passed and
adopted by the City Council of the City of Lodi in
a regular meeting held December 16, 1981 by the follow-
ine .vote:
Ayei., Councilmen - Hughes, Katnich, Pinkerton
and McCarty
Noes: Councilmen - None
Absent: Councilmen - Murphy
Abstain: Councilmen - None
fitAl !h
ALICE M. REI HE
City Clerk
SW
-
-uv.Y_
�:
.4y6 'irk «.
r B ianin at_:..the northeast corner of Parcel 3
e4: n
aw "shown ori ;1Map ° of . Survey filed for record February
8, 19514,_ in :Volume. 8, page 1500 Record og Surveys,
San,Joaquin County Records; thence S. 89 46'
30 - W , ,_-along the north line of said Parcel and
its'westerly:extension,-378.10 feet to the northwest
colter ;of :Lot-, l as. shown on map entitled "Resub-
Y. d3vfsion-of..the west one-half of Block 2, Ayers
and pitchers Addition to the City of Lodi", and
filed4for record July 3, 1913 in Volume 7, page
19, in the Office of the Cougty Recorder, San
Joaquia County -t thence S. 85 41' 03" E., along
the line -of -said "Resubdivision" and it.-,
easterly extension, '379.98" feet to a pont in the
east Iine of -said Parcel 3s thence N. 0 22' 00"
W.,_,aj-3ng said East line, 30 feet more or less
to 'the point of beginning.
Reserving an easement over the west 10 feet of the
e4et =198.7.5 feet-.
..,Reserving, however, and excepting from the vacation
of safdportio of _said street, the permanent ea ement and tha=t
right therein to construct, maintain, repair and operate lines
for _public ittf.ii-tfes.- =bo-tiv publicly and privately owned# in,
over, a across said street.
Dated: Decmnber 16-,- 1981
I hereby certify that the above order was passed and
adopted by the City Council of the City of Lodi in
a regular meeting held December 16, 1981 by the follow-
ine .vote:
Ayei., Councilmen - Hughes, Katnich, Pinkerton
and McCarty
Noes: Councilmen - None
Absent: Councilmen - Murphy
Abstain: Councilmen - None
fitAl !h
ALICE M. REI HE
City Clerk