HomeMy WebLinkAboutResolutions - No. 2006-51When Recorded, Reese Return ttx
Lodi City Clerk
P. 0, Box 3006
Lodi, CA 952414910
RESOLUTION NO. 2006-51
DOC Itxt 2006-077E3
04/10/2006 1114A P-ee:NC
Page 1 of 3
Recorded in Official Records
County of San Joaquin
GARY W. FREeMAN
Assessor -Recorder -County Clerk
Paid by SHOWN ON DOCUMENT
11 11111„11 Hill11 11 1 11 111111 111 III
A RESOLUTION OF THE LODI CITY COUNCIL
SUMMARILY VACATING AND ABANDONING THE
SOUTH SEVEN FEET OF AN EXISTING
TEN -FOOT PUBLIC UTILITY EASEMENT AT
1305 EAST VINE STREET
WHEREAS, a ten -foot public utility easement located at 1305 East Vine Street
was dedicated on Parcel 2 of Parcel Map filed for record in Book 17, of Parcel Maps,
Page 167, 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 an unused
portion of the existing ten -foot public utility easement, Lodi Unified School District
(LUSD) has requested the abandonment of the south seven feet of said easement
dedicated on Parcel 2 of the Parcel Map recorded in Book 17 of Parcel Maps, Page 167,
San Joaquin County Records; and
WHEREAS, the remaining north three feet of the easement is currently occupied
by an SBC Pacific Bell utility, and a new seven -foot public utility easement abutting the
remaining three feet is being dedicated on the adjacent parcel, that is also owned by
LUSD to accommodate electrical utility facilities. A proposed LUSD warehouse to be
constructed on the adjacent site has been conditioned to dedicate the new seven -foot
public utility easement and the dedication is currently in process; and
WHEREAS, under Section 8333 of the Streets and Highways Code, a local
agency may summarily vacate an easement if it has not been used for the purpose for
which it was dedicated, or if the easement has been superseded by relocation and there
are no other public facilities located within the easement. There are no public utilities in
the portion of the easement to be abandoned; and
WHEREAS, the City of Lodi WaterNVastewater and Street Divisions, SBC,
PG&E, and Comcast have 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 portion of the existing easement covered by the vacation has not
been used for the purpose for which it was dedicated and the need for the
portion of 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 south seven feet of the existing ten -foot public utility easement
located at 1305 East Vine Street (APN 049-250-32), 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.
The property owners will dedicate 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: April 5, 2006
I hereby certify that Resolution No. 2006-51 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held April 5, 2006, by the following vote:
AYES: COUNCIL MEMBERS — Hansen, Johnson, Mounce, and
Mayor Hitchcock
NOES: COUNCIL MEMBERS None
ABSENT: COUNCIL MEMBERS — Beckman
ABSTAIN: COUNCIL MEMBERS — None
2006-51
SUSAN J. B CKSTON
City Clerk
CITY OF LODI
PUBLIC WORKS DEPARTMENT
INDUSTRIAL WAY
S8 522.29'
•
EXISTING 5" P.U.E.
PARCEL 1
3.428 ACREG
EXIST.
SBC P.M. 11-16-7
FACILITY
SOUTH 7' OF PARCEL 1 TO
• ; BE DEDICATED AS RUE. EXISTING 16.5PALE.
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....,.............7... .............................................
b .. SOUTH 7' OF EXIST. 101
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EXISTING 16.5' P.U.E.
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EXISTING 16.5' P.U.E.-----..-1 0
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PARCEL 2 EXISTING BUILDING
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EXISTING 5' P.U.E.
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VINE STREET
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