HomeMy WebLinkAboutResolutions - No. 2017-216Doc Hz 2Ø17-14613Ø
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When Recorded Please Return to
Lodi City Clerk
P.O. Box 3006
Lodi, CA 95241-1910
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Steve J. Bestolarides
San Joaquin County RecordersPaid By: SH0IJN ON DOCUI'{ENT
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RESOLUT¡ON NO. 2017-216
A RESOLUTION OF THE LODI CITY COUNCIL VACATING THE
EAST 6.5 FEET OF EXISTING 15-FOOT PUBLIC UTILITY EASEMENT
LOCATED AT 232 ROCKY LANE (APN 058-66-001)
WHEREAS, a 15-foot public utility easement located at232 Rocky Lane was dedicated by
separate document number 2008-196356 also being a portion of Parcel 11, as shown in Book 25
of Parcel Maps at Page 197, San Joaquin County Records, as shown on Exhibit A attached hereto
and incorporated herein; and
WHEREAS, in order to remove the parcel encumbrance caused by an unused port¡on of
the existing 1S-foot public utility easement, Diede Construction has requested the abandonment of
the east 6.5 feet of said easement dedicated in document number 2008-196356 also being a
portion of Parcel 11, as shown in Book 25 of Parcel Maps at Page 197, San Joaquin County
Records; and
WHEREAS, the remaining west 8.5 feet of the existing easement is currently occupied by a
City of Lodi wastewater main and a new 6.5-foot public utility easement is being dedicated to the
west and abutting the remaining 8.S-foot easement. A proposed hotel on the site has been
conditioned to dedicate the new 6.5-foot public utility easement and the dedication is currently in
process; and
WHEREAS, under Section 8333 of the Streets and Highways Code, a local agency may
summarily vacate an easement if it has not been used for the purpose for which it was dedicated,
or if the easement has been superseded by relocation and there are no other public facilities within
the easementto be abandoned; and
WHEREAS, the City of Lodi WaterArVastewater and Streets Divisions, AT&T, PG&E,
Comcast, and Lodi Electric Utility Department have approved the public utility easement
abandonment without further comment or conditions; and
WHEREAS, staff recommends City Council vacate the east 6.5 feet of the existing 15-foot
public utility easement located at232 Rocky Lane (APN 058-66-01).
NOW, THEREFORE, BE lT RESOLVED that the Lodi City Council finds and declares as
follows:
1. The above recitals are true and correct.
2. The portion of the existing easement covered by the vacation has not been used for
the purpose for which it was dedicated and the need for the portion of the easement
to be vacated has been superseded by relocation and there are no other public
facilities located within the portion of the easement to be vacated, and in
accordance with California Government Code Section 65402(a), the Lodi City
Council hereby provides that Government Code Section 65a02@) does not apply to
this vacation.
3. That the east 6.5 feet of the existing 15-foot public utility easement located at
232 Rocky Lane (APN 058-660-11), shown on Exhibit A attached hereto and
incorporated herein, is hereby summarily vacated as of the date of recordation of
this Resolution and from and after that date no longer constitutes a public utility
easement.
4. The vacation is made pursuant to Chapter 4, Part 3 of the Streets and Highways
Code of the State of California.
5. The property owners will dedicate a new public utility easement in conformance with
City requirements.
6. The City Clerk is hereby authorized and instructed to record this Resolution
pur.u"ní to Streets and Highways Code Sec-tio1 8336 without referral to the
Þlanning Commission or the normal posting, publishing, and public hearing'
I hereby certify that Resolution No. 2017-216 was passed and adopted by the City Council
of the City of lôO¡ ¡n a regular meeting held December 6, 2017 , by the following vote:
AyES: COUNCIL MEMBERS - Chandler, Johnson, Mounce, Nakanishi, and
Mayor Kuehne
COUNCIL MEMBERS - None
COUNCIL MEMBERS - None
COUNCIL MEMBERS - None
NOES:
ABSENT:
ABSTAIN
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NIFE FERRAIOLO
Clerk
2017-216
--lExhibit AILIPUBLIC UNUTY EASEMENTriDCIC-2008*1963s6N)CKY ,,,.NEN8921'24,f. 6.52'SEYIER MAIN AS SI]RWYEÐaÁssæ EEARINGS'4L n2.t4'.- N89219716'-T*i t*Ngg2l'21'E 6.12' P.U.E.lri¡*J6.52'PItg-tCDOC-2408-t35275EXSNNC P.U.E.(DOC-2008-|e6356)UNUTY EA 'IENT1,154 S.F.t4r.iNsoalt'3|'E 223.t4'6.9)' PtßucPARCTL 'iA25 P.M. ',ig;',5^Er^E-t <.t ^rlvLL- I t25 P.i,í. ',:g;',UIWTY EASIENT(ro BE AaÆ,tDü,tEÐ)1,410 s,F.PARCE!.. i225 P.M. i97'sr'w zzelrs'Þ:ü(foI:too{ttlÅlÀæJl€R MAINAS SURWYEDsgglg'16'w 6.5041s6918'16'W 6.It I EXtsnNGP.u.E.rt;lDoc-20o8-1e6356)SCALE: 1":50'lôIUNUTY EASE'IEffTI l¡f LAUGENOUR nNo MEIKLE- aJ, ovrL ENcTNEERINc . rÂNp suRvEyrNG . pLANNTNG608 @lrRT STREET, Iloo9lAllo, c llFoRNlA 95695 'Pttotl& (55o) ô82-1755P.O. BOX 828, TOOOLANO, CALIFORNIA 95776 .FAx: (sso) 5s2-,t602CITY OF LAÐL SAN JOASUIN COUNTYCALIFORNIA0F ceuoa¡ANOSHEET 'I OF 1NOVEMBER20't7T**ð.{:bè1.*åt¿lIq]*\a}*31.e.piþ**.lX