HomeMy WebLinkAboutAgenda Report - January 3, 1996 (21)AGENDA TITLE: Vacation of Public Utility Easement at 400 South Beckman Road
MEETING DATE: January 3, 1996
PREPARED BY: Public Works Director
RECOMMENDED ACTION: That the City Council adopt a resolution vacating the public utility
easement at 400 South Beckman Road at the request of R.E. Services,
property owner.
BACKGROUND INFORMATION: A five-foot public utility easement was dedicated in 1959 across a
large parcel of land lying between Cherokee Lane and the
southerly extension of Cluff Avenue. The property subsequently
has been subdivided into smaller parcels and State Highway 99.
The proposed public utility easement to be abandoned is only that portion lying east of Beckman Road
currently owned by R.E. Services (see Exhibit A). This portion of the five-foot public utility easement
has never been used. The developer of the properties will dedicate easements for any necessary
services required for future development.
Under Section 8333 of the Streets and Highways Code, a local agency may summarily vacate an
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." This Department therefore
recommends the request to abandon this easement be granted without Planning Commission referral
or the normal posting, publishing, and public hearing.
FUNDING: Not applicable.
r
t[
Jack.L. Ronsko
--Public Works Director
Prepared by Jeannie Matsumoto, Senior Engineering Technician
JLR/JM/Im
Attachments
cc: City Attorney
Associate Civil Engineer
R.E. Services
Baumbach & Piazza
APPROVED: �1
H. Dixo Flynn -- Ciitytzanager
caoassKM.Doc 12i26195
EXHIBIT "A"
O_F OF
• ,
U �O
, •
I EASEMENT
PURM '� •. •
�</FORS • 7' a
F���=T-T�-co-
SL
� II
� II
I
3 S: ilMwrrgn I I
man sc (fi4tLe _ J
Limits of Abondonment�l (Street)
--
s' PUE` I I
etc � I I
L- I I
Hoa. FI i
I
� I
a I
I
PROPOSED ABANDONMENT
OF 5' PUE
N.T.S.
CITY COUNCIL
DAVID P. WARNER, Mayor
PHILLIP A. PENNINO
Mayor Pro Tempore
RAY C. DAVENPORT
STEPHEN J. MANN
JACK A. SIECLOCK
R E Service Co., Inc.
400 S. Beckman Rd.
Lodi, CA 95240
CITY OF LODI
CITY HALL, 221 WEST PINE STREET
P.O. BOX 3006
LODI, CALIFORNIA 952 41-1 910
(209) 333-6706
FAX (209) 333-6842
December 27, 1995
Baumbach & Piazza
323 W. Elm St.
Lodi, CA 95240
SUBJECT: Vacation of Public Utility Easement at 400 South Beckman Road
H. DIXON FLYNN
City Manager
JENNIFER M. PERRIN
City Clerk
RANDALL A. HAYS
City Attorney
Enclosed is a copy of background information on an item on the City Council
agenda of Wednesday, January 3, 1996, at 7 p.m. The meeting will be held in the
City Council Chamber, Carnegie Forum, 305 West Pine Street.
This item is on the consent calendar and is usually not discussed unless a
Council Member requests discussion. The public is given an opportunity to address
items on the consent calendar at the appropriate time.
If you wish to write to the City Council, please address your letter to City Council,
City of Lodi, P. O. Box 3006, Lodi, California, 95241-1910. Be sure to allow time for
the mail. Or, you may hand -deliver the letter to the City Clerk at 305 West Pine Street.
If you wish to address the Council at the Council meeting, be sure to fill out a speaker's
card (available at the Carnegie Forum immediately prior to the start of the meeting)
and give it to the City Clerk. If you have any questions about communicating with the
Council, please contact Jennifer Perrin, City Clerk, at (209) 333-6702.
If you have any questions about the item itself, please call Sharon Welch,
Associate Civil En eer, at 333-6706.
LL.skos Director
JLR/Im
Enclosure
cc: City Clerk
PLEASE RECORD AND RETURN TO:
Jennifer M. Perrin, City Clerk
P.O. Box 3006
Lodi, CA 95241-1910
RESOLUTION NO. 96-01
A RESOLUTION OF THE LODI CITY COUNCIL
VACATING THE PUBLIC UTILITY EASEMENT
AT 400 SOUTH BECKMAN ROAD
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 55'/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
WHEREAS, pursuant to the requirements of Government 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
1 Gtw�
NNIF M. PERRIN
ity Clerk
96-01