HomeMy WebLinkAboutResolutions - No. 2015-41RESOLUTION NO. 2015-41
A RESOLUTION OF THE LODI CITY COUNCIL
VACATING A PORTION OF THE 0 BLOCK OF EAST
VINE STREET BETWEEN UNION PACIFIC RAILROAD
AND SACRAMENTO STREET, AND FURTHER
AUTHORIZING THE CITY MANAGER TO EXECUTE
AGREEMENTS REQUIRED TO IMPLEMENT THIS
STREET VACATION
WHEREAS, the property owner of Lodi Iron Works located at 860 South
Sacramento Street (APN 045-250-06) and the property owner at 900 South Sacramento
Street (APN 045-250-27) jointly request vacation of the 0 block of East Vine Street
between Union Pacific Railroad (UPRR) and Sacramento Street; and
WHEREAS, in accordance with Streets and Highways Code §8300 et seq., it is
the desire of the City Council of the City of Lodi to vacate such street right-of-way; and
WHEREAS, said notice of said intended vacation was regularly given by
publication and 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, Carnegie Forum, 305 West Pine Street,
Lodi, beginning at 7:00 p.m., Wednesday, April 15, 2015, 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 action contemplated; and
WHEREAS, at the April 15, 2015, City Council meeting, from the evidence
submitted, the City Council of the City of Lodi did determine that the right-of-way that is
located at the 0 block of East Vine Street between Sacramento Street and the Union
Pacific Railroad (UPRR) right-of-way easement, Lodi, California, County of San Joaquin,
State of California, will be 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.
NOW, THEREFORE, BE IT RESOLVED that the City does hereby declare the 0
block of East Vine Street between Union Pacific Railroad and Sacramento Street
vacated upon completion and acceptance by the City of the following requirements and
conditions for approval:
1. A public utility easement will be retained for water, sanitary, and industrial
wastewater mains, valves, and manholes; and
2. City personnel will have full access for public safety, routine and
emergency repairs, maintenance and inspections of public infrastructure; and
3. No permanent storage or other above -ground structures or facilities will
be allowed within the easement area; and
4. Proponents will install a fence adjacent to Sacramento Street to further
prevent access to the UPRR tracks, with the City granting purchase credit in the amount
of $4,262.00 for installation of the fence from the appraised value of the street vacation
($13,438.71); and
5. From this point forward, the fence will be privately owned and maintained
by the adjoining property owners; and
6. Proponents will pay the City of Lodi $9,176.71 for the vacated street
right-of-way.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized to
execute the required agreements to implement this street vacation.
Dated: April 15, 2015
I hereby certify that Resolution No. 2015-41 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held April 15, 2015, by the following vote:
AYES: COUNCIL MEMBERS — Chandler, Kuehne, Mounce, Nakanishi,
and Mayor Johnson
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS — None
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NNIFE . FERRAIOLO
City Clerk
2015-41