HomeMy WebLinkAboutResolutions - No. 2010-215When Recorded, Return to: Doc #: 2010-170350
City of Lodi City Clerk's Office 12/28/2010 01:40:12 PM
Page: 1 of 3 Fee: $0
P.O. Box 3006
Kenneth W Blakemore
Lodi, CA 95241-1910
San Joaquin County Recorders
Paid By: CITY CF LODI
1111MIK IMAM[ 1''11II1
RESOLUTION NO. 2010-215
A RESOLUTION OF THE LODI CITY COUNCIL
VACATING A SURPLUS PORTION OF LODI AVENUE
LYING ADJACENT TO PARCEL LOCATEDAT
230 SOUTH CHEROKEE LANE AND AUTHORIZING
CITY MANAGERTO EXECUTE TERMINATION
AGREEMENT
WHEREAS, Linda S. Bowman, the owner of 230 South Cherokee Lane (the
"Property"), has requested the vacation of a portion of a street right-of-way dedicated to
the City of Lodi on April 23, 1987, and more particularly described in 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 immediate!% 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vacation and the easement has been superceded by relocation and there are no other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 927288.1, the
name of the owner of the title or interest in the Property as it appears on the latest
equalized assessment roll is:
Owner: Linda S. Bowman
WHEREAS, in accordance with Streets and Highways Code 98300 et seq., it is
the desire of the City Council cf the City of Lodi to vacate such street: right-of-way; and
WHEREAS, the propertywithin the proposed vacation is owned in fee by the City
of Lodi and will not automatically revert to the adjacent property owner at 230 South
Cherokee Lane upon vacation; and
WHEREAS, with the vacation of the surplus portion of the street easement, the
building originally addressed in the 1987 agreement will no longer be within the street
easement and the agreement is no longer necessary.
NOW, THEREFORE, BE IT RESOLVED by the Lodi City Council as follows:
1. That the street right-of-way located on the southerly portion of land at
230 South Cherokee Lane (as described in Attachment 1) 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 subject to the termination of the recorded agreement between the
City of Lodi and Carmelo Teresi and Pamela Teresi dated April 14, 1987, the City of Lodi
will transfer the vacated street easement to the Property owner, Linda S. Bowman; and
4. That City Manager is authorized to execute the Termination Agreement.
Dated: December 15,2010
I hereby certify that Resolution No. 2010-215 was passed and adopted by the
City Council of the City of Lodi in a regular meeting held December 15, 2010, by the
following vote:
AYES: COUNCIL MEMBERS — Hansen, Mounce, Nakanishi, and
Mayor Johnson
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS— Katzakian
ABSTAIN: COUNCIL MEMBERS—None
2010-215
230 S. Cherokee Lane
APN: 043-230-07
LEGAL DESCRIPTION
CITY ABANDONMENT
Attachment 1
A portion of the Southwest Quarter of Section 6, T3N, R7E, MDB&M being more particularly described
as follows:
Commencing at the southwest corner of said section, thence S 87'16'30 E 260.15 feet along the South
line of said section,
thence N 2'09'40" W 41.64 feet, to the TRUE POINT CE BEGINNING;
thence continuing N 2'09'40" W 2.72 feet to the southwest corner of parcel " A as recorded Aug. 8,
1977 in Book 4 cf Parcel Maps at Page 190, San Joaquin County Records, and to a point on a curve
having a radial of N 2'34'38" W;
thence along a curve to the right having a radius of 1460.00 feet, a chord bearing S 88'51'01" W, an arc
of 2'17'59, and an arc length of 58.60 feet;
thence 89'43'21" W 122.75 feet;
thence N 45°58'11" W 17.05 feet,
thence S 2113' E 19.84 feet;
thence along a curve to the left having a radius of 20.00 feet, a chord bearing S 44'44'45" E, an arc of
35°21'09", and an arc length of 12.34feef;
thence S 87'16'30 E 63.42 feet;
thence N 83'32'57" E 119.07 feet tnthe TRUE POINT OF BEGINNING.
do. RCE /30418
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