HomeMy WebLinkAboutResolutions - No. 2009-120s
Recordng Requested By:
v
Return To:
�l•Q �,J ���� G�Cc_u1���7'
Doo N: 2009-133395
Thu SOP 0 5ee
19:04:45 PDT
2009
Page- I 0
Kenneth W Blakemore
San Joaquin
SHOWNuONyRecorder
Paid DOCUMENT
DOCUMENT TITLE
When Recorded, Returnto:
City d Lodi City Clerk's Office
P.O. Box 3006
Lodi, CA 95241-1910
RESOLUTION NO. 2009-120
A RESOLUTION OF THE LODI CITY COUNCIL
VACATING A SURPLUS PORTION OF LOMA DRIVE
LYING ADJACENT TO PARCEL LOCATED AT
1310 WEST TURNER ROAD AND AUTHORIZING THE
CITY MANAGER TO EXECUTE AN AGREEMENT WITH
MICHAEL AND PATRICIA STALLING TO EXCHANGE
THE VACATED RIGHT-OF-WAY FOR PUBLIC
IMPROVEMENTS
WHEREAS, Michael and Patricia Stallings, the owners of 1310 West Turner
Road (the "Property'), have requested the vacation of a portion of a 20 -foot street
right-of-way dedicated to the City of Lodi on July 28, 1944, and more particularly
described in Attachment 1 and delineated on the attached map marked ExhibitA; and
WHEREAS, the right-of-way has not been used by the City for the purpose for
which it was dedicated or for any other use; and
WHEREAS, the Streets and Highways Code of the State of California $8333
provides that the legislative body of 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 for five consecutive years immediately preceding the proposed
vacation and the easement has been superceded by relocation and there are no other
public facilities located within the easement; and
WHEREAS, pursuant to the requirements of Government Code $27288.1, the
names of the owners of the title or interest in the Property as they appear on the latest
equalized assessment roll are:
Owners: Michael and Patricia Stallings
WHEREAS, in accordance with Streets and Highways Code $8300 et seq., it is
the desire of the City Council of the City of Lodi to vacate such street right-of-way; and
WHEREAS, the property within the proposed vacation is owned in fee by the City
of Lodi and will not automatically revert to the adjacent property owners at 1310 West
Turner Road upon vacation; and
WHEREAS, the owners of 1310 West Turner Road wish to acquire the vacated
right-of-way to remedy an encroachment into the right-of-way by the existing garage and
to provide the necessary setback to allow the construction of a masonry wall along
Loma Drive frontage; and
WHEREAS, the existing wheelchair ramp at the Turner Road/Loma Drive
intersection if constructed today would not be in compliance with current Americans with
Disabilities Act (ADA) standards, and the property owners of 1310 West Turner Road
have offered to remove and replace the existing wheelchair ramp in exchange for the
vacated right-of-way; and
WHEREAS, the cost to the City to install a wheelchair ramp in conformance with
current ADA standards is approximately $10,000; and
WHEREAS, staff feels the owners' request is reasonable and is similar to past
practice whereby street improvements were provided by the City in exchange for
right-of-way dedications.
NOW, THEREFORE, BE IT RESOLVED by the Lodi City Council as follows:
1. That the 20 -foot street right-of-way located on the westerly side of
Loma Drive between Turner Road and the railroad be vacated; and
2. That from and after the date this resolution is recorded, such property will
no longer constitute a street right-of-way; and
3. That in exchange for the removal and replacement of the existing
wheelchair ramp located at the intersection of Turner Road and Loma Drive with an
ADA -compliant wheelchair ramp by the Property owners, the City of Lodi will transfer the
vacated right-of-way to the Property owners, Michael and Patricia Stallings.
Dated: September 2, 2009
-----------------------
-----------------------
hereby certify that Resolution No. 2009-120 was passed and adopted by the
City Council of the City of Lodi in a regular meeting held September 2, 2009, by the
following vote:
AYES: COUNCIL MEMBERS— Hitchcock, Katzakian, and Mayor Hansen
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS —Johnson and Mounce
ABSTAIN: COUNCIL MEMBERS— None
ZD �I
City Clerk
2009-120
;IGN: JCB DRAWN BY: JR
1310 W. Turner Road Ii i
.... .. n... )OB nnnn.
Attachment 1
BA U inn B/AC H & PIAZZA! I ILII O. dfaEaa oaEoc.i�a
CIVIL ENGINEERS* LAND SURVEYORS Phone (209) 368.6618
Fax (209) 368.6610
www.bpengineers.net
Legal Description
Mike Stallings
APN : 039-030-03
All that certain real property situated in the City of Lodi, County of San Joaquin, State of
California, and being more particularly described as follows:
All of Lots 3 and 4, as shown on the Map entitled, "LAKE HOME SUBDIVISION" recorded
in Volume 11 of Maps and Plats, Page 30, San Joaquin County Records.
EXCEPT THEREFROM a portion of said Lot 4 and being more particularly described as
follows:
Beginning at the southeast: corner of said Lot 4; thence North 67018'00" West, 1.36 feet
along the south line of said Lot: 4; thence North 00054'00" West, 129.80 feet parallel
with the east line of said Lot 4; thence North 25004'39" West, 21.97 feet; thence North
00054'00" West, 55.75 feet parallel with said oast line; thence North 51017'29" West,
12.75 feet to the North tine of said Lot 4; thence easterly along said North line along a
curve to the left having a radius of 1240.00 feet, a central angle of 00 56' 42" , and an
arc length of 20.45 feet to the northeast corner of said Lot 4; thence South 00'054'00"
East, 218.18 feet along the east line of said tot 4 to the point of beginning,
S:\Projects\2009\09004-1\doc\STALLINGS_t.egal.doc