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HomeMy WebLinkAboutAgenda Report - December 6, 2017 C-12TM CITY OF LODI COUNCIL COMMUNICATION AGENDA TITLE: MEETING DATE: PREPARED BY: AGENDA ITEM Adopt Resolution Vacating the East 6.5 feet of Existing 15 -foot Public Utility Easement Located at 232 Rocky Lane (Assessor Parcel Number 058-66-001) December 6, 2017 Public Works Director RECOMMENDED ACTION: Adopt resolution vacating the east 6.5 feet of existing 15 -foot public utility easement located at 232 Rocky Lane (Assessor Parcel Number 058-66-001). BACKGROUND INFORMATION: Diede Construction, Inc., the developer of the Fairfield Inn & Suites at Reynolds Ranch, has requested the existing 15 -foot public utility easement (PUE), located at 232 Rocky Lane, Assessor Parcel Number 058-66-001, be reconfigured to allow the construction of the proposed hotel building. The existing PUE contains a public 18 -inch diameter wastewater pipeline that serves a portion of the Reynolds Ranch development. Staff reviewed the request and determined that the easterly 6.5 feet of the 15 -foot PUE can be vacated without affecting operations and maintenance of the existing 18 -inch wastewater pipeline. The conditions of approval for building the hotel require the developer to dedicate an additional 6.5 -foot PUE to the west of the pipeline in order to retain the original 15 -foot PUE width, and to assure access for any pipeline maintenance that may be required in the future (Exhibit A). Under Section 8333 of the Streets and Highways Code, a local agency may summarily vacate an easement if "the easement has been superseded by relocation, or determined to be excess by the easement holder, and there are no other public facilities located within the easement." There are no other public utilities in the portion of the easement to be abandoned. Pacific Gas & Electric, AT&T, Comcast, Lodi Electric Utility Department and Streets and Water/Wastewater Divisions have approved the abandonment of the east 6.5 feet of the existing 15 -foot public utility easement. Staff recommends that the request to vacate the portion of the PUE be granted without Planning Commission referral or the normal posting, publishing, and public hearing. FISCAL IMPACT: Not applicable. FUNDING AVAILABLE: Not applicable. 41L -Charles E. Swimley, Jr. Public Works Director Prepared by Denise Wiman, Senior Engineering Technician CES/DW/tdb Attachment cc: City Engineer Chang Assistant Engineer Sobin Senior Engineering Technician Wiman �� APPROVED: ~r Ifir wab. er, Ci y Manager K:\WP\VACATION\EASEMENT\Rocky 232\CC_ 6.5 ft pue vacation.doc 11/29/2017 -<1 PUBLIC UTILITY EASEMENT DOC -2008-196356 ROCKY LANE 12 P. U.E. DOC -2008-135275 PARA' CEL. 1n LV 25 P.M. 197 0 25 50 100 LM SCALE: 1"=50' N892124"E 6.52' BASIS OF BEARINGS N8921'24"E 112.14' �'— 9Z 16' r I 6.52' PUBLIC U71UTY EASEMENT 1,454 S.F. 1- VI tX N"IS00 41 '31 "E 223.14' N'Y 1 1 EXIS71NG SEWER MAIN AS SURVEYED L MLAUGENOUR AND MEIKLE CIVIL ENGINEERING • LAND SURVEYING • PLANNING 608 COURT STREET, WOODLAND, CALIFORNIA 95695 -PHONE: (530) 662-1755 P.O. BOX 828, WOODLAND, CALIFORNIA 95776 • FAX: (530) 662-4602 PARCEL CLL 1 1 25 P.M. 107 EXIS71NG SEWER MAIN AS SURVEYED • • •• N89 21 '24 "E 6.50' EXIS77NG P.U.E. (DOC -2008-196356) 6.50' PUBLIC U71UTY EASEMENT (TO BE ABANDONED) 1 1,450 S.F. N0041 '31 "W 223.113' 2 S89 -I8'16 "W 6.52' 6.4 S897 8.16"W 6.50' EXISTING P. U.E. DOC -2008-196356) PAllRCELL. 12 25 P.M. 197 EXHIBIT B PUBLIC UTILITY EASEMENT CITY OF LODI, SAN JOAQUIN COUNTY, CALIFORNIA SHEET 1 OF 1 NOVEMBER 6, 2017 X: \Land Projects\3498-11\dwq\3498-11_Exhibit—Sewer Easement When Recorded Please Return to: Lodi City Clerk P.O. Box 3006 Lodi, CA 95241-1910 Doc p: 2017-146130 12/14/2017 01:10:08 PM Page: 1 of 3 Fee: $0 Steve J. Bestolarides San Joaquin County Recorders Paid By: SHOWN ON DOCUMENT IoIV,VITELTYI : 11'111111 RESOLUTION 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 at 232 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 portion of the existing 15 -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 8.5 -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 easement to be abandoned; and WHEREAS, the City of Lodi Water/Wastewater 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 at 232 Rocky Lane (APN 058-66-01). follows: NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council finds and declares as 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 65402(a) 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 pursuant to Streets and Highways Code Section 8336 without referral to the Planning Commission or the normal posting, publishing, and public hearing. Dated: December 6, 2017 I hereby certify that Resolution No. 2017-216 was passed and adopted by the City Council of the City of Lodi in a regular meeting held December 6, 2017, by the following vote: AYES: COUNCIL MEMBERS — Chandler, Johnson, Mounce, Nakanishi, and Mayor Kuehne NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None 411, d NIFE- ity Clerk 2017-216 'YYere„,,,,a4 . FERRAIOLO L 12' P. U.E. LPUBLIC UTILITY EASEMENT DOC -2008-196356 ROCKY LANE DOC -2008-135275 v PARCEL ♦0 .,R �� r 25 P.M. 197 0 25 50 100 SCALE: 1"=50' N89 21 '24 "E 6.52' f.-. ! BASIS OF BEARINGS N892124"E 112.14' 9716' L li l Ir EX/571NG SEWER MAIN AS SURVEYED 1f 6.52' PUBUC U77UTY EASMENT� 1,454 S.F. -vI N SO0'41'31'E 223.14' mLAUGENOUR AND MEIKLE CIVIL ENGINEERING • LAND SURVEYING - PLANNING 608 COURT STREET, WOODLAND, CAIJFORNIA 95695 -PHONE (530) 662-1755 P.O. BOX 828, WOODLAND, CALIFORNIA 95776 • FAX: (530) 662-4602 1 PARCEL A 1 n �� rr 25 P.M. ,a7 EXIS77NG SEWER MAIN AS SURVEYED N8921'24"E 6.50' EXIS77NG P.U.E. (DOC -2008-196356) lM hi 6.50' PUBLIC U71LITY EASEMBVT (TO BE ABANDONED) 1 1,450 S.F. NO0'41131 "W 22313' S8978'16"W 6.52' S897 8'1614( 6.501 EX/S77NG (DDC -2008-196356) Exhibit A PARCEL 12 25 P.M. 197 UTILITY EASEMENT CITY OF LODI, SAN JOAQUIN COUNTY, CALIFORNIA SHEET 1 OF 1 NOVEMBER 6, 2017 CITY COUNCIL ALAN NAKANISHI, Mayor JOANNE MOUNCE, Mayor Pro Tempore MARK CHANDLER BOB JOHNSON DOUG KUEHNE CITY OF LODI TO: Interested Parties CITY HALL, 221 WEST PINE STREET P.O. BOX 3006 LODI, CALIFORNIA 95241-1910 (209) 333-6702 / FAX (209) 333-6807 www.lodi.gov citvclerkCmlodi.gov December 11, 2017 STEPHEN SCHWABAUER City Manager JENNIFER M. FERRAIOLO City Clerk JANICE D. MAGDICH City Attorney VACATION: TO VACATE THE EAST 6.5 FEET OF EXISTING 15 -FOOT PUBLIC UTILITY EASEMENT LOCATED AT 232 ROCKY LANE (APN 058-66-001) This is to inform you that the City Council, at its regular meeting on December 6, 2017, considered the above matter and declared the area vacated and abandoned. Enclosed for your information is a copy of the resolution, along with a map of the abandoned area. Should you have questions regarding the abandonment, please contact the Public Works Department at (209) 333-6706. nni er ity Clerk JMF/pmf Enclosure cc: Public Works Department vacation/corresp/IRes V acation. doc )11(1. Ferraiolo When Recorded Please Return to: Lodi City Clerk P.O. Box 3006 Lodi, CA 95241-1910 RESOLUTION 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 at 232 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 portion of the existing 15 -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 8.5 -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 easement to be abandoned; and WHEREAS, the City of Lodi Water/Wastewater 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 at 232 Rocky Lane (APN 058-66-01). follows: NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council finds and declares as 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 65402(a) 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 pursuant to Streets and Highways Code Section 8336 without referral to the Planning Commission or the normal posting, publishing, and public hearing. Dated: December 6, 2017 I hereby certify that Resolution No. 2017-216 was passed and adopted by the City Council of the City of Lodi in a regular meeting held December 6, 2017, by the following vote: AYES: COUNCIL MEMBERS - Chandler, Johnson, Mounce, Nakanishi, and Mayor Kuehne NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None ABSTAIN: COUNCIL MEMBERS - None 2017-216 Mr),/-Ye.A4a0 NIFE. FERRAIOLO tty Clerk juau/asa3 JAMFis-ncti .Y3 1/-ti6kFjbMP\1/-866£\sloalaid Pub7\ X r in —I-- -- N ce 1...W N Is)co W V .5N Ca 00 Ra(Cci) RF I co SC � rd Ci 8Q ? W0 j0 I-- O , Zl £'ZZ XK D 2 3. if, L>y r705 �— N8921'24'E 6.52' 800'41'31T 223.14' r. c) cc n - Q. in Q,I 1i —S.S M. - 6L !t 00N S8978.161W 6.5 0 0 0 DECLARATION OF MAILING LETTER AND RESOLUTION VACATING EAST 6.5 FEET OF EXISTING 15 -FOOT PUBLIC UTILITY EASEMENT LOCATED AT 232 ROCKY LANE (APN 058-66-001) On Monday, December 11, 2017, 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 letter and resolution vacating east 6.5 feet of existing 15 -foot Public Utility Easement located at 232 Rocky Lane, APN 058-66-001, attached hereto Marked Exhibit A. The mailing list for said matter is attached hereto, marked Exhibit B. There is a regular daily communication by mail between the City of Lodi, California, and the places to which said envelopes were addressed. I declare under penalty of perjury that the foregoing is true and correct. Executed on December 11, 2017, at Lodi, California. ORDERED BY: JENNIFER M. FERRAIOLO, MMC CITY CLERK, CITY OF LODI PAMELA M. FARRIS, CMC ELIZABETH BURGOS DEPUTY CITY CLERK ADMINISTRATIVE CLERK Forms/decmail.doc CITY COUNCIL ALAN NAKANISHI, Mayor JOANNE MOUNCE, Mayor Pro Tempore MARK CHANDLER BOB JOHNSON DOUG KUEHNE CITY OF LODI TO: Interested Parties CITY HALL, 221 WEST PINE STREET P.O. BOX 3006 LODI, CALIFORNIA 95241-1910 (209) 333-6702 / FAX (209) 333-6807 www.lodi.gov citvclerk{a7,lodi.gov December 11, 2017 BH;BITIlt STEPHEN SCHWABAUER City Manager JENNIFER M. FERRAIOLO City Clerk JANICE D. MAGDICH City Attorney VACATION: TO VACATE THE EAST 6.5 FEET OF EXISTING 15 -FOOT PUBLIC UTILITY EASEMENT LOCATED AT 232 ROCKY LANE (APN 058-66-001) This is to inform you that the City Council, at its regular meeting on December 6, 2017, considered the above matter and declared the area vacated and abandoned. Enclosed for your information is a copy of the resolution, along with a map of the abandoned area. Should you have questions regarding the abandonment, please contact the Public Works Department at (209) 333-6706. nni er y. Ferraiolo ity Clerk JMF/pmf Enclosure cc: Public Works Department vacation/corresp/IResVacation.doc When Recorded Please Return to: Lodi City Clerk P.O. Box 3006 Lodi, CA 95241-1910 RESOLUTION 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 at 232 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 portion of the existing 15 -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 8.5 -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 easement to be abandoned; and WHEREAS, the City of Lodi Water/Wastewater 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 at 232 Rocky Lane (APN 058-66-01). follows: NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council finds and declares as 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 65402(a) 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 pursuant to Streets and Highways Code Section 8336 without referral to the Planning Commission or the normal posting, publishing, and public hearing. Dated: December 6, 2017 I hereby certify that Resolution No. 2017-216 was passed and adopted by the City Council of the City of Lodi in a regular meeting held December 6, 2017, by the following vote: AYES: COUNCIL MEMBERS — Chandler, Johnson, Mounce, Nakanishi, and Mayor Kuehne NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None 2017-216 '-yyl(re.AiLeu.44 = NIFE . FERRAIOLO tty Clerk ua'-41aso3 J14, 3!9.t4.31d-36jr£'\bMPtIL—BBa£'lsaaalojd Pun?\ -x X w N89 21 24'"E 6.52' N8921124'E 6.50' C 22 4i MO 4 Z a 143 2 uj Q3 tz WV �Mm SPO o,at £'Za ..._. W co 3. if IkOOS SSS� T ,tri Fa . ZN cc '-� R1 1 4!l •� a l ab h l'siZ �N to " OM m2 l / 1— .NL S_ — — kJ Lu Lu N] W,- oro p W 1 lc ci c2Z 141 In CJ 4a f NN I 1 At, if, 0.00N S8978'161W 6.5 PG&E Attn: Gas Engineering Dept. P.O. Box 920 Stockton, CA 95201 Central Valley Waste Services P.O. Box 241001 Lodi, CA 95241-9501 AT&T 6505 Tam 0 Shanter Drive Stockton, CA 95210 Chief Deputy County Surveyor Attn: Joe Bussalacci 1810 E. Hazelton Avenue Stockton, CA 95205 EXHIB!TB AT&T California Attn: Engineering/PW Dept. 2300 E. Eight Mile Road Stockton, CA 95210