HomeMy WebLinkAboutAgenda Report - September 3, 1986 PH (7)s1N •
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Notice thereof having been published and posted a=r-ding 1
to law, with affidavits of such publication: and posting t
being on file in the office of the City Clerk, Mayor Reid
called for this Public Hearing to consider the vacation of
an easement at I016 South Hutchins Street, Lodi.
The matter was introduced by Public Works Director lack
Ronsko who presented a diagram of the subject. area and
responded to questions as were ported by mcHxrs of the
Council.
There being no persons in the audience wishing to speak r
the matter, the public portion of the hearing was closed.
Council was apprised that at its meeting of Monday, August
25, 1986, the Lodi City Planning Commission reviewed the
Resolution of Intention whereby the City Council declared
its intention to vacate the subject easement. Based on
testimony given at the meeting, the Lodi City Planning
Commission made a finding that there was no public need for
the existing easement, and that alternative easments were
available. The Planning Commission recammyW to the City
� xx=il that the abandonment at 1016 South Hutchins Street
be conditioned upon all required easements and arrangements
being made with Pacific Telephone and PG&E for the
relocation of their facilities prior to the data of the
City Council hearing.
Following discussion, on motion of Mayor Pru Tempore Olson,
Hinc}enan second, Council adopte3 an order of abandonment to
abandon the 15' public utility easement located in the
parcel at 1016 S. Hutchins Street, Lodi, with the fallowing
conditions:
1. A 6' public utility easement be provided along the
north property line as indicated on an exhibit
presented to Council.
2. A 5' public utility easement be provided along the east
and south property lines as shown our an exhibit
presented to Council.
3. The cost of PG&E and PT&T relocations are to be
paid by the developer.
CITY OF LODI
PUBLIC WORKS DEPARTMENT
COUNCIL CONUM -NICATIUN
TO: City Council
FROM: City Manager
MEETING DATE: September 3, 1986
SUBJECT: Easement Abandonment, 1016 S. Hutchins Street
RECOMMENDED ACTION: That the City Council adopt an order of abandonment to
a an on the public utility easement located in the parcel at 1016 S.
Hutchins Street, as shown on the attached map. with conditions of abandonment
outlined below.
BACKGROUND INFORMATION: At the Council meeting of August 6. 1986, the City
Council adopted a resolution of intent to abandon this easement and forwarded
it to the Planning Commission for its findings. The Planning Commission
determined at its meeting of August 26, 1986 that there was no public need.
present or future, for this easement.
PG&E, Pacific Telephone, Lodi Cable TV, and City of Lodi Utilities have all
indicated they have no problem with this proposed abandonment, if it is
approved with the following conditions:
1. A 6' public utility easement be provided along the north property
line as shown on the attached map.
2. A 5' public utility easement be provided along the east and south
property lines as shown on the attached map.
3. Cost�pf PG&E and PT&T relocations to be paid by the developer.
ack Ronsko
ubli Works Director
Attachment
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APPROVED:
HOnAS A. PETERSON,+ City Manager
FILE 40.
CCHUTCH2/TXTW.02M August 27, 1986
CITY OF LODi
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PROOF OF PUDLICAT H
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STATE OF CALUPORNIA,
County of San Joaquin.
I am a citizen of the United States and a resident of
the County aforesaid; I am over the age of eighteen
years, and not a party to or interested in the above -
entitled scatter. I am the principal cleric of the
printer of the Lodi News,%ntinel, a newspaper of
general circulation, printed and published daily,
except Sundays and holidays„ in the City of Lodi,
California, County of San Joaquin, and which news-
paper has been adjudged a newspaper of general
circulation by the Superior Court, Department k of
the County of San Joaquin. State of California,
under the data of May 26th, 2953, Case Number
65990; that the roti•. of which the annexed Is a
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I certify (or declare) under penalty of penury that
the foregoing is true and correct.
Dated a Lodi, California. this .......... Z.Srjh�y of
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PROOF Of PUBLICATION
0184001,
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RF—g0U : -TG: No. 86-il-4
'FP COT
Zv:: OF iii."F. `i1� W,t1R.- Ci iY'M Li 11 OF LODI
DDC1JR1NG ITS INTI'TION TO VACATE AIN rASEM Nr LOCATED
AT 1016 SOUMH HUTC DZSSTRR�:', LODI
RESOLVED by the City Council of the City of Lodi as follows:
It is the intention of the City Cec:.^.cil of the City of Lodi,
acting in accordance with the provisions of Section 50430 et seq. of
the Goverrment Code of the State of California, to vacate &-)d abandon
certain public service easement described as follows:
1016 South Hutchins Street
Lodi, California
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, September 3, 1986 at the hour of 7:30 p.m. in the City
Council Chambers, City Hall, Iodi, 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 eonspicucusly along the line
of the easement hereinabove described and proposed to be vacated in
the manner, form and for the length of time set forth in Section
5044l'of the Goverment Code of the State of California.
FtlRrtiM RESOLVED that copies of this resolution shall be
published for at least two successive weeks prior to September 3,
1986 in the "Lodi News Sentinel", a daily newspaper of general
circulation printed and published in the City of Lodi, County of San
Joaquin.
Dated: August 6, 1986
I hereby certify that resolution No. 86-114 was
passed and adopted by the City Council of the City
of Lodi in a regular meeting held August 6, 1986 by
the following vote:
Ayes: Council Members - Olson, Pinkerton, Snider,
Hinchman b Reid (Mayor)
Noes: Council Members - None
Absent: Council Members - None
fE
City Clerk
86-114
THE MATTER OF THE k -ER AN'DOINMEhT
TWF FA'UMPuT t nrSTM GT 1011% C WI:TrW?NS STREET
AFFIDAVITOF POSTING % E i l.E \;F ia,,h,:I i;�r [E!1 j
vin Okamoto, first being duly sworn, ezeposes and says that he is now and
was during all t ivies herein nen,,`.;,,ied a du f •, appointed Eng ireering
Technician Supervisor of the Cit;, of Lodi, San Joaquin County, California.
That, in accordance with the instru `ions contained in Resolution No.
86-114 by the City Council of the City of Lodi and in accordan,,- ►lith the
provisions of Sections 8300 et seq. of the Streets and Highways Code of the
State of California, to vacate, close, and abandon an easement, he causes!
three "Notices of Vacation" to be posted conspicuously along the line of
the easement described as follows:
A portion of the north I acre of Lot 2 of Beckman's Subdivision,
as per map filed for record in Volume 1 of Maps and Plats, Page
7, San Joaquin County Records, described as follows:
That portion of a 15 foot wide public utility easement as
recorded on March 5. 1958 in Book 2048, Page 236, San Joaquin
County Records, which lies on the following described property:
Beginning at the intersection of the north line of said north I
acre (acreage computed to the center line of streets or avenues)
with the east lane of Hutchins Street (formerly Quimby Avenue);
thence north 86 42' east along said north line to the
northwest corner of the land described in deed to Walter E.
Moore, et ux., dated May 4, 1948, recorded June 18, 1948, in
Volume 1131 of Official Records, Page 288, San Joaquin County
Records; thence southerly along the west line of Laid Moore Land
to the north line of the land described in deed to Herbert Lehr,
et ux., dated April 26, 1948, recorded May 14, 1948, in Volume
1133 of Official Records, Page 252, San Joaquin County Records;
thence westerly along the north line of said Lehr Land and said
north line extended westerly to the east line of Hutchins
Street; thence northerly along the east line of said Hutchins
Street to the point of beginning.
Reference is made to a map or plan on file in the office of the City Clerk
for particulars as to the proposed vacation.
That said posting was completed on the 14th day of August. 1986, at least
fifteen (15) days prior to the date of hearing as set in said Resolition
and as contained in said notices, whereupon lip made and filed this
affidavit.
Signed:
Jan
Okamoto
Engineering Technician Supervisor
Subscribed and sworn to before me
the day of August, 1986
Alice M. Reimche
City Clerk of the City of Lodi,
f.a 1 f fern i a
ORDER w_ 083-14
MER VACATING A CER3'AIN PLTBLIC UTILITY EASM=
STIUATM AT 1015 SOUM HLnailM S,"REM, JkJDI
WHEREAS, the City Council of the City of Lodi, acting in
accordance with the provisions of Section 8320 et seq of Streets and
Highways Code of the State of California, did on the sixth day of
August, 1986 pass and adopt Resolution No. 86-114 therein declaring
the {^tention of said City Council to vacate a certain Public Utility
Easement located at 1016 South Hutchins Street, Lodi, California and
more particularly described in said Resolution; and
WHERFA.S, said matter has been referred to the Planning
Commission of the City of Lodi and a favorable recommendation has
been made by said Planring C=ission to this City Council; and
MERFAS, notice of adoption of said Resolution of ':: `motion
to vacate was regularly given by publication in the "Lodi News
Sentinel", a newspaper of oral circulation published in the City
of Lodi, County of Sar: Joaquin, and by porting on the property, both
in the time, form and :mower as required by law, and there are on
file in the office of the City Clark affidavits showing the uaid
publication and posting; and
WHEREAS, in accordance with the Notice given in said
Resolution No. 86-111 a public hearing was held before said City
Council in the City hall Council Chambers, City Hall, 221 West Pine
Street, Lodi, California, at 7:30 p.m. on September 3, 1986.
WHEREAS, at aforesaid time and place set for public hearing
no person appeared to object to the vacation of said public
easements; 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;
NOW, TORE, IT IS HEREBY ORDERED, pursuant to the
foregoing findings and under the authority of Section 8320, et seq,
of the Streets and Highways Coot 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, more particularly describe) as follows:
A portion of the north 1 acre of Lot 2 of Backman's
Subdivision, as per map filed for record in Volume
1 of Maps and Plats, Page 7, San Joaquin County
Records, described as follows:
Page 2
77 at portion of a 15 foot wide pub. is utility
easwent as recxrded on Mamh 5, 1958 in Book
2048, Page 236, San Joaquin County Records, which
lies on the followiroy described property:
Beginning at the intersection of the north line
of said north 1 acre (acreage computod to the
center line of streets or avenues) with the east
Line of Hutchins Street (formerly Quimby Avenue) ;
thence north 86 42' east along said north line
to the northwest corner of the land described in
deed to Walter E. Moore, et ux., dated May 4, 1948,
recoided June 18, 1948, :n Volume 1131 of Official
Records, Page 288, San Joaquin County Reoords; thence
southerly along the west line of said Moore Land to
the north line of the Land described in deed to Herbert
Lehr, et ux., dated April 26, 1948, recorded May 140,
1948, in volume 1133 of Official Records, Page 252,
San Joaquin County Records; thence westerly along the
north line of said Lehr Land and said north line
extended westerly to the east line of Hutchins
Street; thence northerly along the east line of said
Hutchins Street to the point of beginning.
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: September 3, 1986
I hereby certify that the foregoing Order
Vacating Public Utility Easement Heretofore
described was passed and adopted by the City
Council of the City of Lodi in a regular
meeting held Wednesday, September 3, 1986, by
the following votes
Ayes: Council Members - Hinchmn, Olson,
Pinkerton, Snider
and Reid (Mayor)
Noes: Council Members - None
Absent: Council Members - None
Alice M. Reimche
City Clerk
083-14
r
MEMORANDUM, City of Lodi, Community Development Department
TO: Lodi City Council
Alice M. Reimche, City Clerk
FROM: Lodi City Planning Commission
David Morimoto, Acting Community Development Director
DATE: August 28, 1986
SUBJECT: RESOLUTION OF INTENT TO ABANDON EASEMENT
1016 SOUTH HUTCHINS STREET, LODI
RESOLUTION NO. 86-114
At its meeting of Monday, August 25, 1986, the Lodi City Planning
Commission reviewed the Resolution of the City Council declaring its
intent to vacate an easement located at 1016 South Hutchins Street,
Lodi, California. Based on testimony given at the meeting the Lodi
City Planning Commission made a finding that there was no public need
for the existing easement, and that alternative easements were
available.
Based on this finding, the Planning Commission recommends to the City
Council that the abandonment at 1016 South Hutchins Street be
conditioned upon all required easements and arrangements being made
with Pacific Telephone and PG&E for the relocation of their facilities
prior to the date of the City Council hearing.
av or Moto,
Acting Community Development Director