HomeMy WebLinkAboutResolutions - No. 2013-138When Recorded, Please Return to:
Lodi City Clerk
P.O. Box 3006
Lodi, CA 95241-1910 -..
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[TY CLERK
Doe #: 2013-095524
07/3/2013 0
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Kenneth W Blak
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RESOLUTION NO. 2013-138
A RESOLUTION OF THE LODI CITY COUNCIL
SUMMARILY VACATING AND ABANDONING RIGHT-OF-WAY
FOR ROADWAY PURPOSES LOCATED AT
2223 WEST KETTLEMAN LANE
WHEREAS, Pastor Scott Hubbard, on behalf of Lodi First Nazarene Church, has
requested the City vacate an existing 25 -foot wide right-of-way for roadway purposes on its
property located at 2223 West Kettleman Lane, as shown in Exhibit A, attached hereto and
incorporated herein; and
WHEREAS, the right-of-way was dedicated to the City to reserve a north/south roadway
alignment from Kettleman Lane to the parcel north of the church property, which is now Roget
Park. As development along Tienda Drive progressed, the right-of-way was no longer needed
to provide access to the Roget property. Vacation of this right-of-way will not impact current or
future traffic circulation; and
WHEREAS, the proposed vacation was approved by the Lodi Planning Commission on
Wednesday, February 13, 2013; and
WHEREAS, all public and private utility companies have been contacted in writing.
AT&T requested a 15 -foot public utility easement for its existing utilities along the west side of
the property. There are no other existing or planned public facilities located within the right-of-
way and all other public and private utility companies have approved the vacation of the right-of-
way without further comment or conditions.
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 vacation was approved by the Lodi Planning Commission on Wednesday,
February 13, 2013.
3. The right-of-way for roadway purposes 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).
4. The 25 -foot wide right-of-way for roadway purposes on its property located at 2223 West
Kettleman Lane, 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 right-of-way.
5. The City Clerk is hereby authorized and instructed to record this Resolution pursuant to
Streets and Highways Code Section 8336.
Dated: July 17, 2013
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I hereby certify that Resolution No. 2013-138 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held July 17, 2013, by the following vote:
AYES: COUNCIL MEMBERS — Johnson, Katzakian, Mounce, and
Mayor Nakanishi
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — Hansen
2013-138
EXHIBIT "A"
LEGAL DESCRIPTION FOR
ROADWAY RIGHT-OF-WAY ABANDONMENT
All of that real property being a portion of the "25' Right of Way" in the
southern "2.98 Ac." parcel as shown on the "Map of Survey" filed in
Book 21 of Surveys at Page 26, San Joaquin County Records,
lying in Section 10, Township 3 North, Range 6 East, Mount Diablo Meridian,
City of Lodi, County of San Joaquin, State of California, described as follows:
The West 25 feet of the West 251.00 feet of the East 1260.00 feet of
the South one-half of the Southeast one-quarter of said Section 10.
EXCEPTING THEREFROM the North 780.96 feet of said West 251.00 feet.
ALSO EXCEPTING THEREFROM the real property known as public road Tienda Drive,
as described in the Street Easement Deed recorded September 11, 1998 as
Instrument Number 98107561.
ALSO EXCEPTING THEREFROM the real property known as public road
Kettleman Lane (State Highway Route 12) as described in the Street Easement Deed
recorded September 11, 1998 as Instrument Number 98107561 In regard to the
North 19 feet of said Kettleman Lane, and as described in the Easement Deed
recorded December 20, 1926 in Volume 175 at Page 64, Official Records of
San Joaquin County in regard to the South 25 feet of the North 44 feet of said
Kettleman Lane.
A plat attached hereto is hereby made a part of this Legal Description.
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END OF DESCRIPTION
LIF ENGINEERING, INC. PAGE 1 OF 2
CIVIL ENGINEERING AND SURVEYING JOB 1301
3421 TUt-LY ROAD - SUITE J - MODESTO CA 95350
TELEPHONE (209) 529-7450 - FAX (209; 529-0457 AUTHOR STD
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SIGNED: %%db
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SCOTT THOMAS DELAMARE LS 8078 DATE
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DATE Feb, 2013
EXHIBIT "A"
PLAT TO ACCOMPANY LEGAL DESCRIPTION FOR
ROADWAY RIGHT-OF-WAY ABANDONMENT
LYING IN THE SOUTH HALF OF THE SOUTHEAST QUARTER OF SECTION 10 T.3 N. RA E., M.D.B.M.
_ CITY OF LORI, COUNTY OF SAN JOAQUIN, STATE OFt CALIFbRNIA
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SECTION LINE OR
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SAN JOAQUIN COUNTY
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25' ROADWAY RIGHT-OF-WAY
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THE SHADED AREA REPRESENTS
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VF ENGINEERING, INC. PAGe 20F z
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SIGNED: February February 219 2013 SCALE 1.m 400'
9tF Of CA4Y�Q SC TT TR MAS DELAMA E S 8078 DATE
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