HomeMy WebLinkAboutResolutions - No. 2005-31When Recorded, Please Return to: DOC = 2:00!5_o411LS7
,X0411. City Clerk 02/22/2005 09:00A Fee :NC
P. 6. Box 3006 Page I of 3
Lodi, CA 95241-1910 Recorded in Official Records
County Of San Joaquln
GARY W. FREEMAN
Assessor-Recarder-Count Clerk
00CUMEKT
Paid by SHOWN ON no
RESOLUTION NO. 2005-31
A RESOLUTION OF THE LODI CITY COUNCIL
SUMMARILY VACATING A FIVE-FOOT PUBL)C
UTILITY EASEMENT LOCATED AT
1451 SOUTH MILLS AVENUE
WHEREAS, the property owners of "Mills Avenue Family Homes," a newly -
created, 12 -lot subdivision currently under construction, have requested the
abandonment of the five-foot utility easement lying across Lot 12 at 1451 South Mills
Avenue, as shown on the map attached marked Exhibit A; and
WHEREAS, Lot 12 ties adjacent to a private street, which is dedicated as a
public utility easement for all existing and proposed underground utilities; and
WHEREAS, the abandonment of the five-foot public utility easement would not
affect installation or deter the public facilities and services, and the five-foot public utility
easement has never been occupied; and
WHEREAS, pursuant to California Streets and Highways Code Section 8333, 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 five consecutive years
immediately preceding the proposed vacation; and
WHEREAS, no public utilities are located in or on Lot 12 desired to be vacated.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lodi
finds and declares as follows:
The above recitals are true and correct.
2. The proposed vacation is the disposition of a remainder of a larger parcel,
which was acquired and used for street purposes, and, in accordance
with California Government Code Section 65402(a), the City Council of
the City of Lodi hereby provides that Government Code Section 65402(a)
does not apply to this vacation.
3. That five-foot publio utility easement located at 1451 South Mills Avenue,
shown on Exhibit A attached hereto and incorporated herein, is summarily
vacated as of the date of recordation of this Resolution and from and after
that date no longer constitutes a street, highway, or public service
easement.
4, The vacation is made pursuant to Chapter 4, Part 3, of the Streets and
Highways Code of the State of California.
5. The City Clerk is hereby authorized and instructed to record this
Resolution pursuant to Streets and Highways Code Section 8336.
Dated: February 16, 2005
I hereby certify that Resolution No. 2005-31 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held February 16, 2005, by the following
vote:
AYES;
COUNCIL MEMBERS — Hansen, Hitchcock, Johnson, Mounce,
and Mayor Beckman
NOES:
COUNCIL MEMBERS — None
ABSENT:
COUNCIL MEMBERS — None
ABSTAIN:
COUNCIL MEMBERS — None
SUSAN J. BLACKSTON
City Clerk
2005-31
ITY OF LODI
PUBLIC WORKS DEPARTMENT
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AND P.U.E.
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A.U.E. TO BE
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