HomeMy WebLinkAboutResolutions - No. 93-145CITY OF LODI
CITY HALL, 221 W. PINE ST.
P.O. BOX 3006
LODI, CALIFORNIA 95241.1910
931402.5.2
RESOLUTION NO. 93-145
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-'i ,I0AQ1'i*i COiJNTY
jAMES M. JOKNSTONE
93 NOY 30 AM 11: 33
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A RESOLUTION%ORDER OF THE LODI CITY COUNCIL
VACATING THE ALLEY NORTH OF EAST LODI AVENUE
FROM CHEROKEE LANE TO 280 FEET WEST OF CHEROKEE LANE
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 1st 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
north of East Lodi Avenue, from Cherokee Lane to 280 feet west of Cherokee Lane,
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 north of East Lodi Avenue, from Cherokee Lane to
280 feet west of Cherokee Lane;
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 herein 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 November 17, 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
93140?52
WHEREAS, on November 17, 1993, a continued noticed public hearing was held
and conducted and testimony received for and against the vacation contemplated; and
WHEREAS, at the November 17, 1993 City Council meeting, 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 north of East
Lodi Avenue, from Cherokee Lane to 280 feet West of Cherokee Lane, Lodi, California,
and more particularly described as follows:
The alley located north of East Lodi Avenue, from Cherokee Lane
to 280 feet west of Cherokee Lane, 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 17, 1993
I hereby certify that the foregoing RESOLUTION/ORDER VACATING that portion
of the alley north of East Lodi Avenue, from Cherokee Lane to 280 feet west of
Cherokee Lane, Lodi, California, with the conditions stated, was passed and adopted
by the Lodi City Council in a regular meeting held November 17, 1993 by the
following vote:
Ayes: Council Members - Davenport, Mann, Sieglock, Snider and Pennino
(mayor)
Noes: Council Members - None
Absent: Council Members - None
J ifer, Perrin
City Clerk
93-145
RES93145/TXTA.02J
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