HomeMy WebLinkAboutAgenda Report - November 2, 1988 PH (10)C'o0NC I L C0�1MUN I CAI ION
TO: THE CITY COUNCIL. COUNCIL MEETING DATE: NOVEMBER 2, 1388
FROM: THE CITY MANAGER'S OFFICE
SUF=- ABANDONMENT OF WEST 15 FEET OF RAVENWOOD WAY
RECOMMENDEG ACTION: That the City Council adopt an Order abandoning the west 15
feet of Ravenwood Way. At its meeting of Monday, October 24, 1988 the Planning
Commission determined that no present public reed existed for the 15 feet and
recommended the abandonment.
BACKGROUND NUMMTUN This abandonment has been requested by Gibraltar
Community Builders pursuant to an order issued by the Superior Court. Wilbert and
Roberta Ruhl obtained a judgement establishing certain easement rights in their
favor over a portion of the Nana Ranch Subdivision. Gibraltar and Ruhl have
agreed upon a method of resolving this dispute whereby Gibraltar will grant the
Ruhl's easement rights in exchange for certain consideration. Specifically, the
Ruhls wi i 1 obtain a 15 -foot easement over the westerly portion of Lots 1 and 20 in
the Nara Ranch Subdivision as well as the westerly 15 feet of Ravenwood Way. In
order to accomplish this, the City of Lodi will need to vacate and abandon the
westerly 15 feet of Ravenwood VVaj as well as a portion of certain improvements
along Almond Drive where the Ruhl's roadway would intersect Almond Drive.
Gibraltar will then construct a fence along the boundary between the Ruhl property
and Nara Ranch. The fence to be constructed at the end of Ravenwood Way would
have a gate with a City lock.
The owners have paid the necessary fees to pl ocess this abandonment. Pacific
Bell, Pacific Gas & Electric, King Videocable Company and City utilities have been
notified of the abandonment and their approval has been secured.
In excha for the abaxidunent and va ation, the adjacent wners, Wilber and
In
a 1, have agreed to execute a deed restriction, to be recorded an run
with the land, obligating them or their successors in interest to restore the
public rights-of-way at such time as they or their successors in interest seek any
development permit or map, at their own cost. This simply means that at such time
as the adjacent Ruhl property is used for anything other than its present
agricultural uses, the owners of the property at that time will be required to
rededicate to the City the land abandoned here, and to provide the extension of
such rights of way in conjunction with any development.
JrfIZmE
SB. SC , EDER
unity Development Director
A ttachment
CC30/TXTD.01C October 25, 1988
RESOLUTION/ORDER NO. 88-155
RESOLUTION/ORDER VACATING THE WEST FIFTEEN FEET OF RAVENWOOD WAY
Whereas, this City Council , acting in accordance with
provisions of Part III of Division 9 of the Streets and Highways Code
of this state, did on the 5th day of October, 1988 pass and adopt a
Resolution of Intention No. 88-140 therein declaring the intention of
said City Council to vacate the west fifteen feet of Ravenwood Way,
Lodi, California, County of San Joaquin, State of California, and
more particularly described as follows, to wit:
The Westerly fifteen feet of Ravenwood Wy as
shown on "Noma Ranch" as filed for record
October 30, 1984, in Vohnne 27, Book of Maps
and Plats, Page 9, San Joaquin County Records.
Reserving and excepting from this abandonment
an easement to construct, mair.tain, repair,
replace, remove, and operate public utilities,
both publicly and privately owned.
Whereas, said 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
on record in the office of the City Clerk of the City of Lodi; and
Whereas, in accordance with the provisions stated in
Resolution No. 88-140 and also contained in the posted notices of the
adoption of said resolution notice was given that a public hearing
would be held before the City council in the City Council Chambers,
City Hall, Lodi, California, beginning at 7:30 p.m. on Wednesday,
Wednesday, November 2, 1988 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
contempfated, and from the evidence submitted the City Council of the
City of Lodi did determine that said portion of said street is
unnecessary for present or future public use and did so find and
declare;
that the Planning Commission did find that the subject
vacation was consistent'with the general plan of the City of Lodi;
88-155
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Now, therefore, be it resolved that, pursuant to the
findings and under the authority of Section 8323 of the Streets and
Highways Code of the State of California, that there is hereby
abandoned the west fifteen feet of Ravenwood Way, Lodi, California,
and more particularly described as follows:
The Westerly fifteen feet of Ravenwood Way as
shown on "Noma Ranch" as filed for record
October 30, 1984, in Vokmv 27, Book of Maps
and Plats, Page 9, San Joaquin County Records.
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 street.
Reference is hereby made to a map or p l n on file in the
office of the City Clerk of the amity of Lodi for cne particulars as
to the proposed vacation.
Dated: November 2, 1988
I hereby certify that the foregoing RESOLUTION/ORDER
VACATING the west fifteen feet of Ravenwood Way, Lodi,
California, with the conditions heretofore stated,
was passed and adopted by the Lodi City Council in
a regular meeting held November 2, 1988 by the following
vote:
Ayes : Council Members - Hinchman, Olson, Snider and
Pinkerton (Mayor)
Noes : Council Members - None
Absent: Council Members - Reid
Alice M. Reimche
City Clerk
88-155
M EIN 0k AN D U M
To: Jack Ronsko
Public Works Director
From : Alice M. Reimche
City Clerk
Date : October 7, 1988
Subject: Posting Notices Regarding Intention to Vacate the West Fifteen
Feet of Ravenwood Way as Shown on the Attached Exhibit
Please be advised that the Lodi City Council at its regular meeting of
October 5, 1988 adopted Resolution No. 88-140 entitled Resolution of
Intention to Vacate the West Fifiteen Feet of Ravenwood Way.
Further, Council referred the matter to the Planning Commission, for a
recommendation and set the matter for public hearing at the regular
meeting of November 2, 1988.
Section 8322 of the State of California Streets and Highways Code
provides that the Superintendent o f Streets shall post notices
pertaining to the Resolution of Intention on the subject property at
least 10 days before the hearing. The code further provides that there
shall be at least three notices and they shall not be spaced any
further apart than 300 feet.
Please provide ne with a Declaration of Posting when this task has been
accomplished.
Alice M. Rei41
mche
City Clerk
AMR:jj
CITY COUNCIL
JAMES %,V. PINKERTON. Ir..%tavor
JOHN R_ (Randv) SNIDER
Mayor Pro Tempore
DAVID 11. HINCHMAN
EVELYN AL OLSON
FRED m_ REID
CITY OF LODI
CITY HALL. 221 WEST PINE STREET
CALL BOX .3006
LOD1. CALIFORNIA 95241-1910
(209)334-5634
1ELECOPIE.R (209) 333-6:95
To : Honorable Chairman and
Menlbas of the City of Lodi Planning Commission
Fkm: Alice M. Reilnche
City Clerk
Date : October 7, 1988
THOMAS A PETERSON
City Manager
ALICE M REIMCHE
City Clerk
BOB McNATT
City Attorney
Subject: Resolution of Intention to vacate the west 15 feet of Ravenwood Way
as shown on the attached exhibit
Please be advised that the Lodi City Ccuncil, at -its regular meeting of October
5, 1988 adopted Resolution No. 88-140 - Resolution of the City Council of the
City of Lodi Declaring its Intention to Vacate the west 15 feet of Ravenwood
Waj as shown on the attached exhibit.
Further, Council referred the matter to the Planning Commission for its
recommendation and set the matter for public hearing on November 2, 1988.
Enclosed i s a certified copy of Resolution No. E8-140.
r�
.n a'Af
Alice M. Reimche
City Clerk
AMR:jj
Enc.
RESOLUTION NO. 88-140
RESOLUTION OF INTENTION TO VACATE THE WEST FW=! FEET OF RAVENWOOD WAY
BE iT RESOLVED by the City Council of the City of Lodi as foilows:
it is the intention of the City Council of the City of Lodi, acting in
accordance with the provisions of Sections 8300 et seq. of the Streets and
Highways Code of the State of California, to vacate and abandon the west 15 feet
of Ravenwood Way described as follows:
The westerly fifteen feet of Ravenwood Wy as shown on "Noma
Ranch" as filed for record October 30, 1984, in Volutrie 27, Book
of Maps and Plats, Page 9, San Joaquin County Records.
Reserving and excepting from this abandonment an easement to
construct, maintain,'.repair, replace, remove, and operate
public utilities, both publicly and privately owned.
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 vacation of right-of-way is premised upon
the mutual covenant of the owners of the adjacent prcperty, Wilbert and Roberta
Ruhl, to execute and record a deed restriction on the benefitted property,
establishing an obligation of the Ruhls or their successors in interest, upon
future application for ary development permit or map, to restore and complete the
public facilities on Ravenwood Wy and Almond Drive.
BE IT FURTHER RESOLVED that this City Council does hereby fix Wednesday,
November 2, 1988, a t the hour of 7:30 p.m. , i n the City Council Chamber, Ci ty
Hall, 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.
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 the
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 -
BE IT FURTHER RESOLVED that copies of this resolution shall be published for
at least two successive weeks prior to November 2, 1988 in the "Lodi News
Sentinel", a daily newspaper of general circulation printed and published in the
City of Lodi, County of San Joaquin.
Dated: October 5, 1988
88-140
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I hereby certify that Resolution No. 88-140 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held October 5, 1988, by the
fol l ot:i ng vote:
Ayes: Councilmembers - Hinchman, Olson, Feid, Snider ano Pinkerton (Mayor)
Noes = Councilmembers - None
Absent: Councilmembers - None
ALICE M. REIMCHE
City Clerk
88-140
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