HomeMy WebLinkAboutResolutions - No. 2006-226When Recorded, Please Return to:
Lodi City Clerk
P. O. Box 3006
. Lodi, CA 95241-1910
RESOLUTION NO. 2006-226
DOC # 2006_268156
12/26/2006 0B:15A Fee:NC
page 1 of 3
Recorded in Official Records
County of San Joaquin
GARY W . FREEl1AN
Assessor NbL1NrON 013CUME 7Clerk
Paid by N
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A RESOLUTION OF THE LODI CITY COUNCIL
SUMMARILY VACATING AND ABANDONING A
SIX-FOOT PUBLIC UTILITY EASEMENT AT
710 NORTH SACRAMENTO STREET
WHEREAS, a six-foot public utility easement located at 710 North Sacramento
Street was dedicated on July 3, 2006, Document #2006-143832, San Joaquin County
Records, as shown on Exhibit A attached hereto and incorporated herein; and
WHEREAS, in order to remove the parcel encumbrance caused by the unused
existing six-foot public utility easement, the property owners, The Lague Family, a
Limited Liability Company, John T. Lague have requested the abandonment of the six-
foot easement dedicated on July 3, 2006, Document #2006-143832, San Joaquin
County Records, as shown on Exhibit A attached hereto and incorporated herein; and
WHEREAS, a new six-foot public utility easement has been dedicated to
accommodate electrical services installed along the perimeter of his property lines and
the dedication recorded on September 19, 2006, Document #2006-199333; and
WHEREAS, under Section 8333 of the Streets and Highways Code, a local
agency may summarily vacate an easement if it has been superseded by relocation and
there are no other public facilities located within the easement; and
WHEREAS, the City of Lodi Electric Utility Department has approved the public
utility easement abandonment without further comment or conditions.
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 existing easement covered by the vacation has not been used for the
purpose for which it was dedicated and the need for the easement to be
vacated has been superseded by relocation and there are no other public
facilities located within the portion of the easement to be vacated, 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 the six-foot public utility easement located at 710 North Sacramento
Street, shown on Exhibit A attached hereto and incorporated herein, is
hereby summarily vacated as of the date of recordation of this Resolution
and from and after that date no longer constitutes a public utility
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 property owners have dedicated a new public utility easement in
conformance with City requirements; and
6. The City Clerk is hereby authorized and instructed to record this
Resolution pursuant to Streets and Highways Code Section 8336 without
referral to the Planning Commission or the normal posting, publishing,
and public hearing.
Dated: December 20, 2006
I hereby certify that Resolution No. 2006-226 was passed and adopted by the
City Council of the City of Lodi in a regular meeting held December 20, 2006, by the
following vote:
AYES: COUNCIL MEMBERS — Hansen, Hitchcock, Katzakian, Mounce,
and Mayor Johnson
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS — None
2006-226
CITY OF LODI
• PUBLIC WORKS DEPARTMENT
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