HomeMy WebLinkAboutAgenda Report - April 4, 1984 PHRBI,IC HEARING Notice thereof having been published and posted in
accordance with law and affidavits of publication and
CH)M 083-05 posting being on file in the office -of the City Clerk,
AIWM VACATING Mayor Pro Teapore Snider cal led for the Public hearing to
EASE11'IETIT LOCATED consider the vacation of an easement located at Lot 2,
AT LOT 2 MAXWELL. Maxwell Industrial Park.
I NDLIF t I Al, PARK
The matter was introduced by Staff. Diagrams of ;he subject
area were presented for Council's perusal.
Council was informd that the Planning Ccomission at its
March 26, 1984 meeting had determined that no public need
existed and recomrended that the City Council abandon 3 feet
of an 8 foot public utility easement along the north line of
Lot 2, Maxwell Industrial Park.
Iliere were no persons in the audience wishing to speak on
the matter, and the public portion of the hearing was
closed.
On motion of Council Nkvber Pinkerton, Murphy second,
Council adopted Order No. 083-05 vacating an easement
located at Lot 2, Maxwell Industrial Park pursuant to
the recoTmndation of the Planning Cormission.
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CITY CSF LODI
PUBLIC WORKS DEPARTMENT
TO: City Council
FROM: City Manager
DATE: March 30, 1984
'
COUNCIL COMMUNICATION
SUBJECT: Order of Abandonment of Portion of Easement at Lot 2,
Maxwell Industrial Park
RECOMMENDED ACTION: That the City Council adopt an Order of Abandonment to
abandon the easement shown on the attached map, and authorize the City Manager
to execute a quit claim deed in favor of the owners.
BACKGROUND INFORMATION: The owners of Neuharth Drive are desirous of building
a new building and would like to use a portion of the side easement. A pre-
liminary review indicated that 3 feet could reasonably be abandoned.
Pacific Bell, City Utilities, and Lodi Cable TV have been notified of the
�roposed abandonme t and their approval has been secured.
ack L. Ronsko
Public Works Director
Attachment
JLR/GER/eeh
APPROVED:
HENRYA. GLAVES, City Manager
FILE 40.
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RESOLUTION NO. 84-024,
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RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LODI DECLARING ITS INTENTION TO VACATE AN
EASEMENT LOCATED AT LOT 2, t,IAXWELL INDUSTRIAL
PARK
RESOLVED, by the City Council of the City of Lodi as
follows;
It is the intention of the City Council of the City of
Lodi, acting in accordance with the provisions of Section
50430 et seq. of the Government Code of the State of
California, to vacate and abandon certain public service
easement located at the last 3 feet of the west 8 feet of Lot
2, Maxwell Industrial Park, Lodi, as filed for Record in Book
of Plats and Maps, Volume 24, Page 47, on April 19, 1979.
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.
FURTHER RESOLVED that this City Council does hereby
fix Wednesday, April 4, 1984, at the hour of 8:00 p.m., and
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.
FURTHER RESOLVED that the Public Works Director shall
cause to be posted notices of easement vacation conspicuously
along the line of the easement hereinafter described and
proposed to be vacated in the manner, form and for the length
of time set forth in Section 50441 of the Government Code of
the State of California.
FURTHER RESOLVED that copies 9f this Resolution shall
be published for at least two successive weeks prior to April
4, 1984 in the "Lodi News -Sentinel", a daily newspaper of
general circulation, printed and published in the City of
Lodi, County of San Joaquin.
Dated: March 7, 1984
I hereby certify that Resolution No. 84-024 was passed
and adopted by the City Council of the City of Lodi in
a regular meeting held April 7, 1984 by the following
vote:
Ayes: Councilmen - Murphy, Pinkerton, Snider, Reid,
and Olson (Mayor)
Noes: Councilmen - None
Absent: Councilmen - None
x,
ALICE M. REIMCHE
City Clerk
ORDER NO. 083-05
ORDER VACATING EASUIENT LOCATED AT
LOT 2, MAXIVELL INDUSTRIAL PiMIK
WHEREAS, the City Council of the City of Lodi, acting
in accordance with the provisions of Section 50430 et seq. of
the Government Code of the State of California, did on the 7th
day of March, 1984 pass and adopt Resolution No. 84-024
therein declaring the intention of said City Council and more
particularly described in said Resolution; to wit:
the last 3 feet of the west 8 feet of Lot 2,
Maxwell Industrial Park, Lodi, as filed for
Record in Book of Plats and Maps, Volume 24,
page 47, on April 19, 1979.
WHEREAS, said matter has been referred to the Planning
Coimission of the City of Lodi and a favorable recommendation
has been made by said Planning Commission to this City
Council; and
WHEREAS, notice of adoption of said Resolution of
Intention to Vacate was regularly given by publication in the
"Lodi News -Sentinel", a newspaper of general circulation
published in the City of Lodi, County of San Joaquin, and by
posting on the property, both in the time, form and manner as
required by law, and there are on file in the office of the
City Clerk affidavits showing the said publication and
posting; and
WHEREAS, in accordance with the notice given in said
Resolution No. 84-024 a public hearing was held before said
City Council in the Council Chambers, City Hall, Lodi,
California, at 8:00 p.m. on Wednesday, April 4, 1984; and
WHEREAS, at aforesaid time and place set for public
hearing no person appeared to object to the vacation of said
public easement; and
WHEREAS, the City Council of the City of Lodi did then
and there determine, at said public hearing, that the public
service easement described in said Resolution and more
particularly hereinafter described is unnecessary for present
or prospective public use;
NO1v1, THEREFORE. IT IS HEREBY ORDERED, pursuant to the
foregoc,io findings and under the authority of Section 50430 et
seq. of the Government Code of the State of California, that
there is hereby abandoned and vacated that certain public
service easement situated in the City of Lodi, County of San
Joaquin, State of California, as depicted 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.
Dated: April 4, 1984
I hereby certify that the foregoing Order No. 083-05
Vacating an Easement located at Lot 2, Maxwell,
Industrial Park was passed and adopted by the City
Council of the City of Lodi in a regular meeting held
Wednesday, April 4, 1984 by the following vote:
Ayes: Councilmen - Murphy, Pinkerton, Snider, and
Reid
Noes: Councilmen - None
Absent: Councilmen - Olson
CM � MCHE
A
City Clerk
083-05