HomeMy WebLinkAboutResolutions - No. 2003-207PLEASE RECORD AND RETURN TO:
Susan J. Slackslon, City Clerk
P.O. Box 3006
Lodi, CA 95241-1910
RESOLUTION NO. 2003-207
A RESOLUTION OF THE LODI CITY COUNCIL
VACATING NEUHARTH DRIVE AND THE SOUTH 300 FEET
OF ACKERMAN DRIVE, AND FURTHER AUTHORIZING THE
CITY MANAGER TO EXECUTE AGRHMNTS REQUIRED TO
IMPLEMENT THIS ABANDONMENT
WHEREAS, this City Council, acting in accordance with provisions of Part II( of Division
9 of the Streets and Highways Code of this State, did on the 15th day of October, 2003, pass
and adopt Resolution of Intention No. 2003-194 therein declaring the Intention of said City
Council to vacate and abandon the 60 -foot public street rights of way of Neuharth Drive and the
south 300 feet of Ackerman Drive, a portion of "Maxwell" Industrial Park," Lodi, California,
County of San Joaquin, State of California, reserving, however, and excepting from the
vacation, a permanent and right therein to construct, maintain, repair, and operate lines for
public utilities, in, over, and across said vacated public street rights of way and more particularly
described as loliows, to wit:
The 60 -foot public street rights of way of Neuharth Drive and the
south 300 feet of Ackerman Drive, a portion of "Maxwell" Industrial
Park," Lodi, California, County of San Joaquin, State of California,
as shown on Exhibit A attached.
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 evidence 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, November 5, 2003, 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, at the November 5, 2003, City Council meeting, from the evidence
submitted, the City Council of the City of Lodi did determine that the 60 -foot public street rights
of way of Neuharth Drive and the south 300 feet of Ackerman Drive, a portion of "Maxwell"
Industrial Park," Lodi, California, County of San Joaquin, State of California, will be
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 the
vacation of the 60 -foot public street rights of way of Neuharth Drive and the South 300 feet of
Ackerman Drive, a portion of "Maxwell" industrial Park," Lodi, California, County of San
Joaquin, State of California, shall be abandoned upon completion and acceptance by the City of
the following requirements and conditions of approval:
I . Prepare puUic irnprovernent plans for a new industrial cut de sac at the south
end of Ackerman Drive and conversion of the Neuharth Drive street entrance to a private
driveway, all per City standards.
2. Execute Public Improvement Agreement with the City, provide surety and
insurance for the improvements, and pay all applicable fees prior to the start of construction of
public improvements.
3. Execute maintenance and operations agreement with the City including
provisions for:
• separation of private facilities from public utilities with the approval of the
Public Works Director;
® fencing and operation of Ackerman Drive cul-de-sac access for
backup/emergency use only; and
• location and operation of Stockton Street/Neuharth Drive private entrance to
prevent queuing of vehicles onto Stockton Street.
4, Merge existing parcels into a single parcel, retain all necessary public utility
easements, and provide new public utility easements as required by all public utilities.
5. That the City Council hereby authorizes the City Manager to execute agreements
to implement this abandonment; and
6. Owner shall dedicate right of way and construct new cut de sac to establish
required truck circulation on Ackerman Drive prior to the final recording of this Resolution
approving the vacation/abandonment; and
7. The intersection of Neuharth Drive at Stockton Street will be converted to a
driveway prior to the final recording of this Resolution approving the vacation/abandonment;
and
8, Reserving, and excepting from the vacation, a permanent and right therein to
construct, maintain, repair, and operate )Ines for public utilities, in, over, and across the entire
right of way, and no buildings or structures shall be constructed nor shall anything be planted
within the easement which would interfere with the use or operation of public utilities in the
easement; and
9. The City Council approval of this Resolution will become null and void if all
requirements and conditions of approval ate not met.
10. Filing of this Resolution to Vacate in the office of the County Recorder will not
take place until all requirements and conditions of approval are met.
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 5, 2003
I hereby certify that Resolution No. 2003-207 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held November 5, 2003, by the following vote:
AYES- COUNCIL MEMBERS — Beckman, Hansen, Howard, and Land
NOES: COUNCIL MEMBERS — Mayor Hitchcock
ABSENT: COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS — None
The foregoing, documoll k ccaifi�d to be a correct
copy of the original or) fih, in the City Clork's Office.
Jelmifer N4Perrin
Deputy City Clerk, City oi'Lodi
By:
Dated: 7���
b6
SUSAN J. BLACKSTON
City Clerk
2003-207
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