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Home My WebLink AboutAgenda Report - July 21, 1999 F-01 PHtgd<`aF't% . /COUNCIL COMMUNICATION FWA AGENDA TITLE: Public Hearing to Consider Intention to Vacate Vine Street from Southern Pacific Railroad (SPRR) Right of Way to 100 Feet East on Vine Street MEETING DATE: July 21, 1999 PREPARED BY: Public Works Director RECOMMENDED ACTION: That the City Council, after reviewing the finding by the Planning Commission and the public comments from the subject public hearing, adopt the attached resolution approving the abandonment of the west 100 feet of East Vine Street, as shown on Exhibit A. BACKGROUND INFORMATION: Pacific Coast Producers (PCP) requested that the west 100 feet of Vine Street be abandoned in order to secure the property so forklifts can cross the street without having gates to go through. Additionally, the fence blocking the railroad tracks at Vine Street is periodically vandalized and schoolchildren use this area to cross the tracks. With the installation of another fence across Vine Street, the likelihood of children crossing two fences to cross the tracks is lessened. Only PCP, who owns the property on either side of the street, uses this portion of Vine Street. The abandonment of this portion of the street will also decrease the forklift traffic now using other portions of Vine Street. A permanent easement will be maintained for all water, sanitary and industrial wastewater mains, valves, meters, and manholes. City personnel will have access to these facilities at any time for routine and emergency repairs, maintenance and inspections. There will be no storage or construction on the abandoned street area. All agencies and departments have been notified of the intention to vacate, and all concerns have been met. This action is to be considered by the Planning Commission on July 14, after Council Communications are due to the City Clerk. Information regarding the Planning Commission action will be given prior to the public hearing. FUNDING: Not applicable. Richard C. Primo., Jr Public Works Director Prepared by Sharon Blaufus, Administrative Assistant RCP/SB/lm Attachments cc: City Attorney Community Development Director Street Superintendent Police Chief Fire Chief Affected Property and Business Owners APPROVED: H. ixon ynn -- Ci Manager Cvinestpcp2.doc 07/09/99 CITY OF LODI EXHIBIT A PUr7UC W04R%KS DEPAM E-A -- - _ - j,JDONMENT i AZZ --mill u�. .wx �"•-�w .^ ��.. il: ...qtr _"" '.^� U °j1. sb''iqx ^n -- - .wr � i •J 1 .dz ��'�"'�id � I�St(:I -l4 e��,ri.,�_�y1 1. _`i "�� ,�� 1. �.�} {.,f :1�;� 1 Gie .iM �'Y 1(�.#• 'i -1'.t �t�■r•.: 4! � ++ � �" � , � + � -.?i I � �: • �� i 1 L M r 9 � �b"'' 1.-'��'`.if f ! + i i i• ♦1!�]� 1. 09 ]� r v7 5i1 j RSSUO'n OF LOS 99 I IU IL 1 Z 1- 3 i a_L i � r '.J7+fJ•� n h F u 1 �TOEET = f � VINE PLEASE RECORD AND RETURN TO: Alice M. Reimche, City Clerk DRAFT P.O. Box 3006 Lodi, CA 95241-1910 RESOLUTION NO. 99-107 A RESOLUTION OF THE LODI CITY COUNCIL VACATING THE VINE STREET FROM SOUTHERN PACIFIC RAILROAD RIGHT- OF-WAY TO 100 FEET EAST ON VINE STREET WHEREAS, this City Council acting in accordance with provisions of Part III of Division 9 of the Streets and Highways Code of this State, did on the 21 day of June, 1999 pass and adopt a Resolution of Intention No. 99-81 therein declaring the intention of said City Council to vacate that portion of Vine Street from Southern Pacific Railroad right- of-way to 100 Feet East on Vine Street, Lodi, California, County of San Joaquin, State of California, reserving, however, and excepting from the vacation, a permanent easement and right therein for all water, sanitary and industrial wastewater mains, valves, meters and manholes, both publicly and privately owned, in, over, and across said street, and more particularly described as follows, to wit: A portion of Lot 68 and Lot 67 of "Lodi Barnhart Tract' as shown on the Map of Survey as filed for record in Book 22, Book of Surveys, at page 170, San Joaquin County Records being more particularly described as follows: The South 30 feet of the West 100 feet of said Lot 68 and the North 30 feet of the West 100 feet of said Lot 67. Excepting therefrom a permanent easement and right therein to construct, maintain, repair and operate lines for public utilities, both publicly and privately owned, in, over and across said street. No storage or construction on the abandoned street area is permitted. WHEREAS, said notice of said intended vacation was regularly given by publication and by posting, both in time, form and manner as required by law as is evidence by affidavits on file and on record in the office of the City Clerk of the City of Lodi; and WHEREAS, in accordance with the provisions stated herein and also contained in the posted notices of the adoption of said resolution, notice was given that a public hearing would be held before the City Council in the City Council Chambers, Carnegie Forum, 305 West Pine Street, Lodi, California, beginning at 7:00 p.m. on Wednesday, July 21, 1999, where and when any person interested in or objecting to said vacation could appear and be heard in relation thereto; and WHEREAS, at that time and place, a public hearing was held and conducted and testimony received for and against the vacation contemplated; and WHEREAS, at the July 21, 1999 City Council meeting, from the evidence submitted, the City Council of the City of Lodi did determine that said portion of Sacramento Street is unnecessary for present or future public use and did so find and declare; and WHEREAS, the Planning Commission did find that the subject vacation was consistent with the General Plan of the City of Lodi; and NOW, THEREFORE, BE IT RESOLVED, that pursuant to the findings and under the authority of Section 8323 of the Streets and Highways Code of the State of California, that Vine Street from Southern Pacific Railroad Right -of -Way to 100 Feet East on Vine Street, Lodi, California is hereby abandoned and more particularly described as follows: A portion of Lot 68 and Lot 67 of "Lodi Barnhart Tract" as shown on the Map of Survey as filed for record in Book 22, Book of Surveys, at page 170, San Joaquin County Records being more particularly described as follows: The South 30 feet of the West 100 feet of said Lot 68 and the North 30 feet of the West 100 feet of said Lot 67. Excepting therefrom a permanent easement and right therein to construct, maintain, repair and operate lines for public utilities, both publicly and privately owned, in, over and across said street. No storage or construction on the abandoned street area is permitted. Reference is hereby made to a map or plan on file in the office of the City Clerk of the City of Lodi for the particulars as to the proposed vacation. Dated: July 21, 1999 I hereby certify that Resolution No. 99-107 was passed and adopted by the City Council of the City of Lodi in a regular meeting held July 21, 1999, by the following vote: AYES: COUNCIL MEMBERS - NOES: COUNCIL MEMBERS - ABSENT: COUNCIL MEMBERS - ABSTAIN: COUNCIL MEMBERS - ALICE M. REIMCHE City Clerk 99-107 F�I r LODI • • • 4L/FORa AGENDA TITLE: Public Hearing to Consider Intention to Vacate Vine Street from Southern Pacific Railroad (SPRR) Right of Way to 100 Feet East on Vine Street MEETING DATE: July 21, 1999 PREPARED BY: Public Works Director As stated in the Council Communication, attached is Resolution No. P.C. 99-20, the findings of the Planning Commission Meeting of July 14, 1999. Richard C. Prima, J . Public Works Director Prepared by Sharon Blaufus, Administrative Assistant RCP/SB/Im Attachment cc: City Attorney Community Development Director Street Superintendent Police Chief Fire Chief Affected Property and Business Owners APPROVED: H. Dixon Flynn -- City Manager Cvinestpcp3.doc 07/15/99 go RESOLUTION NO. P.C. 99-20 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LODI RECOMMENDING CITY COUNCIL APPROVAL OF A REQUEST TO VACATE VINE STREET FROM THE SOUTHERN PACIFIC RAILROAD RIGHT-OF-WAY TO 100' FEET EAST ON VINE STREET WHEREAS, the Planning Commission of the City of Lodi has heretofore considered the request for street vacation pursuant to the City Code and the Streets and Highway Code. WHEREAS, the adjacent property owners have requested the street to be vacated; WHEREAS, the proposed vacation will not be detrimental to the City circulation system; and WHEREAS, the proposed vacation is in keeping with the principles of the General Plan. NOW, THEREFORE, BE IT FOUND, DETERMINED AND RESOLVED by the Planning Commission of the City of Lodi as follows. The Planning Commission hereby recommends to the City Council that 100 feet of Vine Street be vacated east of the Southern Pacific Railroad right-of-way. Date: July 14, 1999 I hereby certify that Resolution No. 99-20 was passed and adopted by the Planning Commission of the City of Lodi at a regular meeting held on July 14, 1999 by the following vote: AYES: Commissioners: Borelli, Crabtree, Heinitz, McGladdery, Rasmussen, and Schmidt NOES: ABSENT: Commissioners: Mattheis ABSTAIN: ATTEST: *etaryv.,Planning Com RES9920_doc • CITY OF LODI NOTICE OF PUBLIC HEARING Carnegie Forum Date: Wednesday, July 21,1999 • . 305 West Pine Street, Lodi Time: 7:00 p.m. For information regarding this notice please contact: Alice M. Reimche City Clerk Telephone: (209) 333-6702 NOTICE OFPUBLIC HEARING NOTICE IS HEREBY GIVEN that on Wednesday, July 21, 1999 at the hour of 7:00 p.m., or as soon thereafter as the matter may be heard, the City Council will conduct a Public Hearing at the Carnegie Forum, 305 West Pine Street, Lodi, to consider the following matter: a) Resolution of Intention to abandon the west 100 feet of East Vine Street. All interested persons are invited to present their views and comments on this matter. Written statements may be filed with the City Clerk at any time prior to the hearing scheduled herein, and oral statements may be made at said hearing. If you challenge the subject matter in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing described in this notice or in written correspondence delivered to the City Clerk, P.O. Box 3006, at or prior to the Public Hearing. Q,�) V. /am Alice M. Reimch City Clerk Dated: June 2,1999 Approved as to form: Randall A. Hays City Attorney pubh earinoticeslnotgenvac.doc This matter has been referred to the Planning Commission and will be hear at its regular meeting of July 14, 1999. Please contact the Community Development Department at (209) 333-6711 if you have any questions. OF� .r«v OF • , q4F�' WORKS EXHIBIT A S i R=c -•.EANDONMENT PLEASE RECORD AND RETURN TO.- Alice O:Alice M. Reimche, City Clerk P.O. Box 3006 Lodi, CA 95241-1910 RESOLUTION NO. 99-81 A RESOLUTION OF THE LODI CITY COUNCIL DECLARING ITS INTENTION TO VACATE VINE STREET FROM SOUTHERN PACIFIC RAILROAD (SPRR) RIGHT-OF-WAY TO 100 FEET EAST ON VINE STREET BE IT RESOLVED by the City Council of the City of Lodi as follows: Acting under the authority of Section 8333 of the Streets and Highways Code, the Lodi City Council hereby approves the vacation of Vine Street from Southern Pacific Railroad (SPRR) right-of-way to 100 feet east on Vine Street, as shown in San Joaquin County Records as follows: A portion of Lot 68 and Lot 67 of "Lodi Barnhart Tract" as shown on the Map of Survey as filed for record in Book 22, Book of Surveys, at page 170, San Joaquin County Records being more particularly described as follows: The South 30 feet of the West 100 feet of said Lot 68 and the North 30 feet of the West 100 feet of said Lot 67. Excepting therefrom a permanent easement and right therein to construct, maintain, repair and operate lines for public utilities, both publicly and privately owned, in, over and across said street. Reference is hereby made to a drawing on file in the office of the City Clerk of the City of Lodi showing the particulars of the vacation. Pursuant to the requirements of Government Code Section 27288.1, the name of the owner of the title or interest in Vine Street from Southern Pacific Railroad (SPRR) right-of-way to 100 feet east on Vine Street as it appeared at the time and in the document creating the interest, right or encumbrance is as follows: Pacific Coast Producers (PCP); City of Lodi: Pacific Bell Dated: June 2, 1999 ----------------------------------------------------------------------- ---------------------------------------------------------------------- I hereby certify that Resolution No. 99-81 was passed and adopted by the City Council of the City of Lodi in a regular meeting held June 2, 1999, by the following vote: AYES: COUNCIL MEMBERS — Hitchcock, Mann, Nakanishi, Pennino and Land (Mayor) NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None ALICE M. REIMCHE City Clerk 99-81 tv �E<UO U� a `Q DECLARATION / MAILING q<iFoa� SET P.H. FOR 7/21/99 - Resolution of Intention to Abandon the west 100 feet of East Vine Street On June 4, 1999 in the City of Lodi, San Joaquin County, California, I deposited in the United States mail, envelopes with first-class postage prepaid thereon, containing a copy of the Notice attached hereto, marked Exhibit "A"; said envelopes were addressed as is more particularly shown on Exhibit "B" attached hereto. There is a regular daily communication by mail between the City of Lodi, California, and the places to which said envelopes were addressed. declare under penalty of perjury that the foregoing is true and correct. Executed on June 4, 1999, at Lodi, California. ORDERED BY: ALICE M. REIMCHE CITY CLERK �etuut �line L:'Taylor t City ;Clerk Jennifer M. Perrin Deputy City Clerk deemaiUforms 11111111111 II I I I A n II1911111111 11111111111111111111111111111111 1.11.111 1 1111 1111 11111 1 1 1 11 11 1 1 LODI IRON WORKS INC ELIZABETH WOLF ETAL SOUTHERN PACIFIC RAILROAD CO PO BOX 1150 716 S PLEASANT AVE 1700 FARNAM ST 10TH FL SOUTH LODI CA 95241 LODI CA 95240 OMAHA NE 68102 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I II NATIONWIDE WIRE & BRUSH MFG PO BOX 258 LODI CA 95241 MR PETE ZAHOS PACIFIC COAST PRODUCERS P 0 BOX 880 LODI CA 95241 Lblcvinestpcp.doc I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I PACIFIC COAST PRODUCERS 631 N CLUFF AVE PO BOX 1600 LODI CA 95241 I11IIII II I I I I I I I I I I I I I I I I I I I I I II INTERLAKE MATERIAL HANDLING INC 550 WARRENVILLE RD LISLE IL 60532 CITY COUNCIL KEITH LAND, Mayor STEPHEN ). MANN Mayor Pro Tempore SUSAN HITCHCOCK ALAN S. NAKANISHI PHILLIPA. PENNING CITY OF LODI CITY HALL, 221 WEST PINE STREET P.O. BOX 3006 LODI, CALIFORNIA 95241-1910 (2 09) 333-6706 FAX (209) 333-6710 July 15, 1999 H. DIXON FLYNN City Manager ALICE M. REIMCHE City Clerk RANDALL A. HAYS City Attorney Pacific Coast Producers Southern Pacific Railroad Nationwide Wire & Brush Attn: Pete Zahos 1700 Farnam St. P. O. Box 258 P. O. Box 880 10th Floor South Lodi, CA 95241 Lodi, CA 95241 Omaha, NE 68102 SUBJECT: Public Hearing to Consider Intention to Vacate Vine Street from Southern Pacific Railroad (SPRR) Right of Way to 100 Feet East on Vine Street Enclosed is a copy of background information on an item on the City Council agenda of Wednesday, July 21, 1999. The meeting will be held at 7 p.m. in the City Council Chamber, Carnegie Forum, 305 West Pine Street. The Council will conduct a public hearing on this item. You are welcome to attend and speak at the appropriate time. If you wish to write to the City Council, please address your letter to City Council, City of Lodi, P. O. Box 3006, Lodi, California, 95241-1910. Be sure to allow time for the mail. Or, you may hand -deliver the letter to City Hall, 221 West Pine Street. If you wish to address the Council at the Council Meeting, be sure to fill out a speaker's card (available at the Carnegie Forum immediately prior to the start of the meeting) and give it to the City Clerk. If you have any questions about communicating with the Council, please contact Alice Reimche, City Clerk, at (209) 333-6702. If you have any questions about the item itself, please call Sharon Blaufus, Administrative Assistant, at (209) 333-6800, ext. 658. L(µ4 Richard C. Prima, Jr. Public Works Director RCP/Im Enclosure cc: Pacific Coast,Prroducers, Corporate Office City Clerk V' NCV I NESTPCP2. DOC CITY COUNCIL KEITH LAND, Mayor STEPHEN I. MANN Mayor Pro Tempore SUSAN HITCHCOCK ALAN S. NAKANISHI CITY OF LODI CITY HALL, 221 WEST PINE STREET P.O. BOX 3006 PHILLIP A. PENNING lODI, CALIFORNIA 95241-1910 (209) 333-6706 FAX (209) 333-6710 July 16, 1999 Pacific Coast Producers Southern Pacific Railroad Attn: Pete Zahos 1700 Farnam St. P. O. Box 880 10th Floor South Lodi, CA 95241 Omaha, NE 68102 H. DIXON FLYNN City Manager ALICE M. REIMCHE City Clerk RANDALL A. HAYS City Attorney Nationwide Wire & Brush P. O. Box 258 Lodi, CA 95241 SUBJECT: Public Hearing to Consider Intention to Vacate Vine Street from Southern Pacific Railroad (SPRR) Right of Way to 100 Feet East on Vine Street Enclosed is a copy of additional background information on subject item on the City Council agenda of Wednesday, July 21, 1999. The meeting will be held at 7 p.m. in the City Council Chamber, Carnegie Forum, 305 West Pine Street. The Council will conduct a public hearing on this item. You are welcome to attend and speak at the appropriate time. If you wish to write to the City Council, please address your letter to City Council, City of Lodi, P. O. Box 3006, Lodi, California, 95241-1910. Be sure to allow time for the mail. Or, you may hand -deliver the letter to City Hall, 221 West Pine Street. If you wish to address the Council at the Council Meeting, be sure to fill out a speaker's card (available at the Carnegie Forum immediately prior to the start of the meeting) and give it to the City Clerk. If you have any questions about communicating with the Council, please contact Alice Reimche, City Clerk, at (209) 333-6702. If you have any questions about the item itself, please call Sharon Blaufus, Administrative Assistant, at (209) 333-6800, ext. 658. Richard C. Prima, Jr. Public Works Director RCP/lm Enclosure cc: Pacific Coa mdlucers, Corporate Office City Clerk NCVINESTPCP3.D0C