HomeMy WebLinkAboutResolutions - No. 2005-113PLEASE RECORD AND RETURN TO;
Suswi J. B]ackswn City. Cleyk
P_0Box 3001
Lodi, C"A. 95241-1910
A PESOLUTION OF THE LODI CITY COUNCIL VACATING
AND ABANDONING;A PUIBLIC UTILITY EASEMENT
LGCATED AT 2024 KETTLEMAN LANE, LGDI,
CALIFORNIA (APN 053-160-91)
WHEREAS, in 1932, an easement was dedicated for public purposes over the
.west five: feet of Lot 59 of "Lakeshore Village, Unit No. 1," located at 2024 Kettleman Lane
(APN 058 1 60-91)i Lodi, more particularly described as follows;
The West 5 feet of Leat 59, Lakeshore Village, Unit No. 1, as
filed for record May 26, 1961, Volume 25, Page 111, San
Joaquin County Records.
WHEREAS, the easement was needed for the installation of underground
electrical utility linos; and
WHEREAS, the owner of 2.024 Kettleman Line has requested the relocation, of the
electrical utility facilities and abandonment of the five-foot public utility easement to allow
construction of the proposed 19 -tat "Mills Crossing" Phase ll subdivision on the site, and
WHEREAS, City of Lodi Electric Utility Department has approved the
abandonment of the five-foot public utility easement on condition that a new six-foot public
utility easement be dedicated in conjunction with the proposed "Mills Crossing" Phase ll
Subdivision; anis
WHEREAS, the current property owner has agreed to dedicate a new six-foot
public utility easement in conjunction with the proposed "Mills Crossing" Phase 11
Subdivision; and
WHEREAS, such easement has been superseded by relocation and there are no
other public facilities located within the easement; and
WHERE S, the Streets and Highways Cade of the State of California:, Sections
8330 and 8333;'provlde that the legislative body of a local agency may summarily vacate
a public service easement if the easement has been superseded by relocation and there
are no other public facilities located within the easement; and
WHEREAS, pursuant to the requirements of Government Cade Section 27263.1,
the name of the owner of the title or interest of 2024 Kettleman Lane as it appeared at the
time and in the document creating the interest, right, or encumbrance is as follows:
Gru e Cornrr�unities lnc. a California Car oration
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:
1) That the public utility easement, located at 2024 Kettleman Lane (APN
058-160-91), Lodi, California, as dedicated for public purposes (installation of
underground electrical utility lines) over the west five feet of Lot 59 of "Lakeshore Village,
Unit No. 1," as filed for record May 28, 1981, Volume 25, Page 111, San Joaquin County
Records, is hereby vacated and abandoned.
2) That a condition of this Easement Abandonment is that a new six-foot
public utility easement be dedicated in conjunction with the proposed "Mills Crossing"
Phase 11 Subdivision.
3) That the property owners will be responsible to pay for the relocation of the
electrical utility facilifies.
4) That from and after the date this resolution is recorded, such easement will
no longer constitute a public easement.
Dated: June 1, 2005
I hereby 'certify that Resolution No. 2005-113 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held June 1, 2005, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCIL MEMBERS — Hansen, Hitchcock, Johnson, Mounce, and
Mayor Beckman
2005-113
CITY OF: LODI
PUBLIC WORKS DEPARTMENT
5' P U E
TO BE ABANDONED
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