HomeMy WebLinkAboutResolutions - No. 2013-101When Recorded, Please Return to: Doc #: 2013-076385
Lodi City Clerk RECEIVED 06/10/2013 09:30:03 AM
P.O. Box 3006 Page: 1 of 3 Fee: $0
Lodi, CA 95241-1910 201Kenneth W Blakemore
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RESOLUTION NO. 2013-101
A RESOLUTION OF THE LODI CITY COUNCIL
SUMMARILY VACATING AND ABANDONING
PEDESTRIAN ACCESS BETWEEN HOLLY DRIVE
AND DAISY AVENUE, EAST OF HAM LANE
WHEREAS, a pedestrian access was dedicated to the City in 1955 as part of the Bel Air
Estates Subdivision and was intended for use-. by _George Washington Elementary School
students living north of Holly Drive as a pathway to get to school. Recently, -Lodi-Unified School_ .
District modified the school boundaries so that students residing north of Holly Drive are now
within the Lakewood School boundary; and
WHEREAS, the vacation is a 10 -foot wide pedestrian access surrounded by four
residential properties located at 700 Daisy Avenue, 648 Daisy Avenue, 915 Holly Drive, and
909 Holly Drive, as shown on Exhibit A attached hereto and incorporated herein; and
WHEREAS, the vacation request by Mr. Tom Ushing, who resides at 700 Daisy Avenue,
is primarily driven by property owners tired of dealing with increased transient use, graffiti,
fights, and motorcycle use and staff believes the crossing should be eliminated to protect public
safety; and
WHEREAS, on July 9, 2012, staff notified the four adjacent property owners in writing of
the terms and conditions of the proposed vacation. The home owners at 700 and 648 Daisy
Avenue have both accepted and will receive half (five feet) of the City property. Only the owner
at 915 Holly Drive wanted to participate and will therefore receive the entire City property (10
feet) located between 915 and 909 Holly Drive; and
WHEREAS, no public or private utilities are located within the 10 -foot wide pedestrian
access. All public and private utility. companies and Lodi Unified School District have been
contacted in writing and have approved the vacation of the pedestrian access without further
comment or conditions; and
WHEREAS, the pathway easement is considered a limited "Public Service Easement"
(Streets and Highways Code Section 8306) and is subject to summary abandonment
procedures and need not be referred to the Planning Commission (Streets and Highways Code
Section 8333); and
WHEREAS, the City owns the property in fee and a mere abandonment will not transfer
title to the adjacent property owners; and
WHEREAS, the City has a past practice of trading right of way improvements for
minimally valued adjacent right of way.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council finds and declares as
follows:
1. The above recitals are true and correct.
2. The pathway easement is considered a limited "Public Service Easement" (Streets and
Highways Code Section 8306) and is subject to summary abandonment procedures and
need not be referred to the Planning Commission (Streets and Highways Code Section
8333).
3. The 10 -foot wide pedestrian access surrounded by four residential properties located at
700 Daisy Avenue, 648 Daisy Avenue, 915 Holly Drive and 909 Holly Drive, as shown
on Exhibit A attached hereto and incorporated herein, is summarily vacated as of the
date of recordation of this Resolution and from and after that date no longer constitutes a
public service easement.
4. The property owners at 700 and 648 Daisy Avenue and 915 Holly Drive will be required
to remove the existing fencing, possibly the pavement and replace the fencing at the
owners' expense.
5. 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.
6. The City Manager is hereby authorized to execute the agreement with the property
owners to exchange right of way for demolition of public improvements.
Dated: June 5, 2013
I hereby certify that Resolution No. 2013-101 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held June 5, 2013, by the following vote:
AYES: COUNCIL MEMBERS — Hansen, Johnson, Katzakian, Mounce, and
Mayor Nakanishi
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — None
2013-101
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K:\CADD\EXHIBITS\Unnumbered\DAISY AND HOLLY VACATION.dwo. Lavout1, 4/17/2013 8:45:48 AM