HomeMy WebLinkAboutResolutions - No. 768In the City Council,
Clty of Lodi,
Lodi, California,
PESCILLHIGNI NO. 768
RESOLUTION ORDERING THE ABANDONMENT OF AN
ALLEY IN LOT 37 OF THE LSI BARNHART TRACT.
WHEREAS, this City Council of the City of Lodi did, on the Elrst d8Y
of April, 1935, adopt its resolution numbered 768 wherein it declared Its
intention to abandon a certain alley in Lot 37 of the Lodi Barnhart Tract
as petitioned for by Adam Hoff;
ARID, WHEREAS, it appears that notice of such Intention was regularly
pasted and published in tune, form and manner as required by law as is
evidenced by the affidavit of B.C.DOUGHERTY, Street Superintendent of the
City of Lodi, mho personally posted copies of said notice along the line
of said alley, now on file in the office of the City Clerk of this City,
and by the affidavit of DELMAR R RINFRET, Manager of "THE LODI NEWS",
the newspaper of general circulation in whish this City Council directed
publication of said notice, also filed with said City Clerk;
AND, WHEREAS, more than ten days have elapsed since the last publieats
ion of said notice and since the posting of copies of said notice and no
objections to the abandonment of said alley have been filed or presented
to this City Council or to the Clerk thereof, and this City Council has
now acquired jurisdiction to order the abandonment of said alley as a
public retreat or alley;
NQ.Pt, THERBFOR8,, this City Council, in view of the foregoing, firms
as a fact that said notiee of abandonment was duly and regularly posted
and published in time, form and manner as prescribed by law and the
direction of this City Council; that no abjections or alleged objections
were filed or presented and that the time for filing of such objections
has expired; and that this Clty Council has now acquired jurisdiction to
order the abandonment of said alley; and that said alley is not required
to serve any public use;
THETIEFORE, BE IT RESOLVED, that It Is to the public interest arid
benefit that said alley be abandoned and it is hereby ordered that said
alley be abandoned. The alley herein abandoned is particularly described
as follows:.,
A portion of Lot 37 of the Lodi Barnhart `1.rtiet as said lot is Bated and so designated on that certain map or plat entitled tLo.di Barnhart
Tract}' filed for record November 5, 1906 and recorded in Vol. 3, Page 48
of Books of Maps and Plats, San Joaquin County Records, being the: Northerly
teu(10) feet of the following tract of land: Commencing for the. same on
the intersection of the East line of Washington Avenue with the North line
of Vine Street, running thence Easterly on and along the said North line
of Vine Street a distance of one hundred thirty (130) feet, running thence
Northerly and parallel to the East line of Washington Avenua a distance of
two hundred (20o,,)'feet, thence: Westerly and parallel to the. said North line
of Vine Street a distanceof one hundred thirty (130) feet. to the: East
line of Washington Avenue, thence Southerly on and along said East line of
Washington Avenue a distance of two hundred (200) feet to the. point of
beginning of the tract of land herein described.
0
Certified to be a full, true and correct copy of Resolution N.o.768
of the City Council of the City of Lodi passed and adopted at a
regular meeting of said City Council held &onday,,May 6, 1935 by the
following vote: -
AYES: Councilmen, Clark, Spooner, Weihe an¢ic
NOES: Councilmen, None ABSENT /Council:. _,eagie..Steele.
Attest: r •�
CS Clerk and ex-offieio C1 �
g9 Y 8 1835 `,.the City Council, City of Lodi..
PETITION
To the Honorable the City Council,
City of Lodi,
Lodi, California.
The undersigned respectfully ask6 that you formally abandon
a certain public alleyway in Lot 37 of the Lodi Barnhart Tract,
alleging as follows:
(1) That said alleyway has never been opened to public use.
(2) That the use of said alleyway is not necessary to any
one owning land adjoining or abutting on the same.
(3) That the opening of said alleyway as a public street
is not necessary in the development of the subdivision of lands
in the vicinity thereof nor is the opening of the same contemplated
in any subdivision plan mw prepared or in progress of preparation
The alley herein sought to be abandoned is particularly
described as follows.: -
A portion of Lot 37, Lodi Barnhart Tract, being the Northerly
ten (10) feet of the following parcel of land. Commencing for the
same on the intersection of the East line of Washington Street and
the North line of Vine Street, thence running easterly on and along
said North line of Vine street a distance of one hundred thirty
(130) feet, thence running northerly and parallel to the East line
of Washington Street a distance of two hundred (.200 feet; thence
Westerly and parallel to the North line of Vine Street a distance
of one hundred thirty (130) feet to the East line of Washington
Street, thence Southerly on and along the East line of Washington
Street to the point of beginning of the tract of land herein des-
cribed.
Your petitioner herein agrees to pay all costs of said
abandonment proceedings,
62,141/m -c.,
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4. Petition in proper f'orrn filed with the City of Lodi, and a certified
copy of order of abandonment for record, to be recorded in the County
Recorder's office of the County of San Joat}. n.
5. DESCRIPTION:-
All
ESCRIPTION:_
All that certain real property situate, lying arid being in the
City of Lodi, County of San Joaquin, State of California, described as
follows, to -wit: -
All right, title, and interest in and to that certain alley
dedicated for public use in Block Thirty-seven (37) Lodi Barnhart Tract,
filed for record November 5, 1906 in Book of Maps arid Plats, Uol. 3 page 48,
San Joac;uin County Records, as dedicated for public use as an alley in
that certain Deed dated Noveineber 19, 1918, executed by R. B. O'Dell and
Florence O'Dell, his wife, to Jacob Yanke and recorded January 15, 1919
in Book "A" of Deeds, Vol. 955, page 182, San Joaquin County Records,
record reference is hereby made thereto and the same is incorporated
herein as a pa t hereof,