HomeMy WebLinkAboutResolutions - No. 96-01PLEASE RECORD AND RE1 uRN TO:
Jennifer M. Perrin, City Clerk
P.O. Box 3006
Lodi, CA 95241-1910
96001934
RESOLUTION NO. 96-01
A RESOLUTION OF THE LODI CITY COUNCIL
VACATING THE PUBLIC UTILITY EASEMENT
AT 400 SOUTH BECKMAN ROAD
RE COt C:ER
COUNTY CLERK
AllES M. !' H N S u -.
95JAN -8 AM 9:54
SAH 30 QC'1N COUNTY
Cate, r`'.
F FL47i
WHEREAS, on July 3, 1959, there was dedicated an easement for public utilities
located at 400 South Beckman Road, Lodi, more particularly described as follows:
The South Five (5) feet of the following described property:
The South one-half of the North 551/4 acres of the fractional
Northwest Quarter of Section 7, Township 3 North, Range
7 East, Mount Diablo Base and Meridian.
EXCEPT THEREFROM that portion in State Highway on
the West.
ALSO EXCEPT that portion conveyed to the State of
California in deed recorded December 31, 1958 in Book of
Official Records, Vol. 2131, page 51, San Joaquin County
records.
WHEREAS, the owners of 400 South Beckman Road. have requested that the City
of Lodi abandon the portion of said easement within the boundaries of their parcel (APN
049-070-058), said parcel being shown on the Record of Survey recorded in Book 29 of
Surveys, page 140 on September 25, 1987 in the Office of the County Recorder of San
Joaquin County; and
WHEREAS, the easement has not been used for the purpose for which it was
dedicated or acquired for five consecutive years immediately preceding the proposed
vacation; and
WHEREAS, the Streets and Highways Code of the State of California, Sections
8330 and 8333 provide that the legislative body of a local agency may summarily vacate a
public service easement if the easement has not been used for the purpose for which it was
dedicated or acquired for five consecutive years immediately preceding the proposed
vacation; and
96001934
WHEREAS, pursuant to the requirements of Governmr,it Code Section 27288.1,
the name of the owner of the title or interest 400 South Beckman Road as it appeared at the
time and in the document creating the interest, right or encumbrance is as follows:
W. G. Micke
WHEREAS, in accordance with Streets and Highways Code Section 8300 et. seq.,
it is the desire of the City Council of the City of Lodi to vacate such easement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lodi as
follows:
That the public utility easement located at 400 South Beckman Road (APN 049-
070-058), said parcel being shown on the Record of Survey recorded in Book 29 of
Surveys, page 140 on September 25, 1987 in the Office of the County Recorder of San
Joaquin County be vacated; and
That from and after the date this resolution is recorded, such easement will no
longer constitute a public service easement.
Dated: January 3, 1996
I hereby certify that Resolution No. 96-01 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held January 3, 1996, by the following
vote:
AYES: COUNCIL MEMBERS - Davenport, Mann, Pennino, Sieglock
and Warner (Mann)
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
NNIF: M. PERRIN
City Clerk
96-01