HomeMy WebLinkAboutResolutions - No. 93-135CITY OF LODI
'.O. Box 3006
,odi, CA 95241-1910
3 { 36837
1 RESOLUTION NO. 93-135
SAN 10AUNN"OUNTY
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A RESOLUTION/ORDER OF THE LODI CITY COUNCIL
VACATING THE ALLEY WEST OF WASHINGTON STREET,
FROM EAST VINE STREET TO 93.68 FEET NORTH OF EAST VINE STREET
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 let day of September, 1993 pass and adopt a
Resolution of Intention No. 93-108 therein declaring the intention of
said City Council to vacate that portion of the alley west of
Washington Street, from East Vine Street to 93.68 feet north of East
Vine Street, Lodi, California, County of San Joaquin, State of
California, reserving, however, and excepting from the vacation, a
permanent easement and right therein to construct, maintain, repair and
operate lines for public utilities, both publicly and privately owned,
in over, and across said alley, and more particularly described as
follows, to wit:
The alley located west of 245 East Vine Street, as shown on
Exhibit A attached hereto;
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_ 93-108 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, Carnegie Forum,
305 west Pine Street, Lodi, California, beginning at 7:00 p.m. on
Wednesday, October 6, 1993, 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
contemplated; and
WHEREAS, upon unanimous motion action of the City Council, the
public hearing was continued to the October 20, 1993 City Council
meeting so that a possible solution may be reached, and the Council
further directed that a title search be done on the property; and
WHEREAS, on October 20, 1993, a continued noticed public hearing
was held and conducted and testimony received for and against the
vacation contemplated; and
WHEREAS, upon unanimous motion action, the City Council continued
discussion of the matter to the regular City Council meeting of
November 3, 1993; and
RES93135/TXTA.02J
93136837
WHEREAS, mt the November 3, 1993 City Council meeting, upon
reviewing an agreement between the property owners, and from the
evidence submitted, the City Council of the City of Lodi did determine
that said portion of said alley is unnecessary for present or future
public use and did so find and declare; and
WHEREAS, the Planning Commission did find that the subject
vacation was consistent with the General Plan of the City of Lodi;
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 that portion of
the alley west of Washington Street, from East Vine Street to 93.68
feet north of East Vine Street, Lodi, California, and more particularly
described as follows:
The alley located west of 245 East Vine Street, as shown on
Exhibit A attached hereto.
Reserving, however, and excepting from the vacation, a permanent
easement and right therein to construct, maintain, repair and operate
lines for public utilities, both publicly and privately owned, in over,
and across said alley.
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: November 3, 1993
I hereby certify that the foregoing RESOLUTION/ORDER VACATING
that portion of the alley west of Washington Street, from East Vine
Street to 93.68 feet north of East Vine Street, Lodi, California, with
the conditions stated, was passed and adopted by the Lodi City Council
in a regular meeting held November 3, 1993 by the following vote:
Ayes: Council Members - Davenport, Mann, Sieglock, Snider
and Pennino (Mayor)
Noes: Council Members - None
Absent: Council Members - None
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� Jennifer M. Perrin '�12- Z �—
City Clerk
93-135
RES93135/TXTA.02J
93136831.
CITY O F LODEALLEY ABANDONMENT
PUBLIC WORKS DEPARTMENT
Bk. 047-13
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EXHIBIT A
REVISED 10/13/93