HomeMy WebLinkAboutResolutions - No. 2005-77When Recorded, Please Return to:
Lodi City Clerk
P. Q. Box 3006
Lodi, CA 95241 -1910
RESOLUTION NO. 2005-77
WHEREAS, that portions of a ten -foot public utility easement at 1901, 1927, and
1930 South Mills Avenue, shown on Exhibit A attached hereto and incorporated herein,
were dedicated in conjunction with "The Meadows, Unit No. 1" residential development
in 1984; and
WHEREAS, the buildings constructed were discovered to be encroaching upon
portions of the ten -foot public utility easement along the Century Boulevard and Sylvan
Avenue street frontages, as shown on Exhibit A, The current property owners are
requesting abandonment of those portions of the easement within the footprint of the
building; and
WHEREAS, pursuant to California Streets and Highways Code Section 8333, an
easement may be summarily vacated if it 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, no public utilities are located in those portions of Mills Avenue
desired to be vacated.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lodi
finds and declares as follows:
1. The above recitals are true and correct.
2. The proposed vacation of 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, 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 portions of 1901, 1927, and 1930 South Mills Avenue, shown on
Exhibit A attached hereto and incorporated herein, are summarily vacated
as of the date of recordation of this Resolution and from and after that
date no longer constitutes a street or highway.
4, The vacation is made pursuant to Chapter 4, Part 3, of the Streets and
Highways Code of the State of California.
5. A public utility easement shall be retained over the portions of 1901,
1927, and 1930 South Mills Avenue, shown on Exhibit A attached hereto
and incorporated herein.
6. The City Clerk is hereby authorized and instructed to record this
Resolution pursuant to Streets and Highways Code Section 8336.
Dated: April 20, 2005
I hereby certify that Resolution No. 2005-77 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held April 20, 2005, by the fallowing vote:
AYES: COUNCIL MEMBERS — Hansen, Hitchcock, Johnson, Mounce,
and Mayor Beckman
NOES: COUNCIL MEMBERS — none
ABSENT: COUNCIL MEMBERS — Nonc
ABSTAIN: # a
UILY cAWTX." F
c 0v 1 .z
CITY OF LOD
PUBLIC
52' cxl$t. 0.0C
a!y PO kzu&rr n[ ux9
ffiux'
CENTURY
Via, wE Ate'
'�
i,,
z
"
PFE.bs(RE--
xlgV.V.0 96 AEuurt ,!4„
I
otdA
BOULEVARD