HomeMy WebLinkAboutResolutions - No. 2009-155Doc q: 2009-162134
When Recorded, Return to:
Uon Nov 09 10:27:05 PST 2009
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City of Lodi City Clerk's Office KeIIneth W Fee: $0
P.O. Box 3006 San Joaquin County Recorders
Lodi, CA 95241-1910 Paid By: �S!,HyO�WyyN, ON `D�Oy,CUUENT'
RESOLUTION NO. 2009-155
A RESOLUTION OF THE LODI CITY COUNCIL REPEALING
RESOLUTION 2009-120 AND 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 AMENDED
AGREEMENTWITH MICHAELAND PATRICIA STALLING TO
EXCHANGETHE VACATED RIGHT-OF-WAY FOR PUBLIC
IMPROVEMENTS
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WHEREAS, the Council hereby repeals Resolution No. 2009-120; and
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 the revised Attachment 1; 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vacation and the easement has been superceded by relocation and there are no other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 cf 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-wayto remedy an encroachment into the right-of-wayby 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 ADA standards,
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 (as described in revised Attachment 1 )and the
railroad be vacated; and
2. That from and after the date this resolution is recorded, such property will
not 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-wayto the Property owners, Michael and Patricia Stallings.
Dated: November 4, 2009
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I hereby certify that Resolution No. 2009-155 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held November 4, 2009, by the following
vote:
AYES: COUNCIL MEMBERS - Hitchcock, Johnson, Katzakian, and
Mayor Hansen
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - Mounce
ABSTAIN: COUNCIL MEMBERS - None -
rL
City Clerk
2009-155
REVISED ATTACHMENT 1
BAVMSACH - & . PIAZZA! INC. Street
Lodi, CA 3 W.Elm2003
CIVIL ENGINEERS. LAND SURVEYORS Phone (209) 3.6648
Fax (209) 36688.6640
www. bpengineers. net
Legal Description
City Abandonment
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:
The east 20 feet of Lot 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 00°54'00" West, 129.80 feet parallel
with the east line of said Lot 4; thence North 25104'39" West, 21.97 feet; thence North
00054'00" West, 55.75 feet parallel with said east line; thence North 51017'29" West,
12.75 feet to the North line 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 00054'00"
East, 218.18 feet along the east line of said Lot 4 to the point of beginning.
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