HomeMy WebLinkAboutResolutions - No. 2004-237PLEASE RECORD AND RETURN TO:
S'asan J. Blackston, City Clerk
P.O. Box 3006
Lodi, CA 95241-1 91 0
RECEIVED
NOV 2 2 2004
City Clerk
City of Loch
RESOLUTION NO. 2004-237
A RESOLUTION OF THE LODI CITY
COUNCIL VACATING A PORTION OF
MAXWELL STREET
DOC I P 2004--254312
11!08/2004 11:428 Fee:NC
Page. 1 of 3
Recorded in Official Records
County of San Joaquin
GARY O. FREEMAN
Ossessor•-Recorder-Coun`y Clerk
Paid by COUNTY SHOWN
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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 15th day of
September, 2004, pass and adopt Resolution of Intention No. 2004-190 therein
declaring the intention of said City Council to vacate a portion of Maxwell Street located
at 1615 South Stockton Street, Lodi, California, County of San Joaquin, State of
California, reserving, however, and excepting from the vacation, 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, and more particularly
described as follows, to wit:
A portion of the Northwest quarter of Section 13, Township 3 North,
Range 6 East, Mount Diablo Base and Meridian, City of Lodi, San
Joaquin County, California, being more particularly described as follows:
Commencing at the Northeast corner of Lot 4 as depicted on the Map
"A.B.T. Industrial Park" as filed in Volume 22 of Maps and Plats, Page 67,
San Joaquin County Records; thence South 87°42' West, 19.51 feet
along the North line of said Lot 4 to a point on a tangent curve, said point
being on the North line of Parcel "A" as depicted on that map filed in
Book 7 of Parcel Maps, Page 161, San Joaquin County Records, said
point also being the point of beginning; thence Southwesterly 37.82 feet
through a curve concave to the Southeast, having a radius of 50.00 feet,
to the beginning of a reverse curve concave to the Northwest, having a
radius of 60.00 feet; thence Southwesterly 30.16 feet along said curve to
a point on a non -tangent curve concave to the Southeast to which the
radial bears South 88°36'57" East, 30.00 feet; thence Northeasterly 45.19
feet along said curve; thence North 87°41'60" East, 30.49 feet to the
point of beginning.
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,
November 3, 2004, 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 November 3, 2004, City Council meeting, from the evidence
submitted, the City Council of the City of Lodi did determine that said portion of Maxwell
Street located at 1615 South Stockton Street, Lodi, California 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.
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 there is hereby abandoned a portion of Maxwell Street located at 1615
South Stockton Street, Lodi, California, as more particularly described above.
Reserving, however, and excepting from the vacation, 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 map or plan on file in the office of the City Clerk
of the City of Lodi for the particulars as to the vacation.
Dated: November 3, 2004
I hereby certify that Resolution No. 2004-237 was passed and adopted by the
City Council of the City of Lodi in a regular meeting held November 3, 2004, by the
following vote:
AYES: COUNCIL MEMBERS — Hitchcock, Howard, Land, and Mayor Hansen
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — Beckman
ABSTAIN: COUNCIL MEMBERS — None
2004-237
SUSAN J. BLACKSTON
City Clerk
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