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HomeMy WebLinkAboutAgenda Report - August 17, 2002 E-10COUNCIL COMMUNICATION 1 AGENDA TITLE: MEETING DATE: PREPARED BY: Adopt Resolution Vacating a Portion of the Public Utility Easement at 827 Black Diamond Way August 7, 2002 Public Works Director RECOMMENDED ACTION: BACKGROUND INFORMATION: That the City Council adopt a resolution vacating a portion of the public utility easement at 827 Black Diamond Way. The property owners, Homer Beldt et al., have requested the City abandon a portion of a 10 -foot public utility easement as shown on attached Exhibit A. The easement was dedicated on the "Industrial Lite" subdivision map as recorded on December 3, 1979, to allow installation of an 8 -inch fire service lateral for the Casa de Lodi Mobile Home Park. With the development of the adjacent properties, Tiger Lines and Pacific Coast Producers, a public water main was made available from Cluff Avenue to Beckman Road, and the fire service lateral from Black Diamond Way was no longer needed. The existing fire service was recently removed by City crews at the request of Mr. Beldt and no utilities remain within the proposed easement abandonment. Staff recommends that the request to abandon the 10 -foot public utility easement on Lot 6 of "Industrial Lite" subdivision, save and except the north 8 feet and the south 10 feet, be granted. Pacific Bell, Pacific Gas & Electric, AT&T Broadband, City of Lodi Electric Department, and Street and Water/Wastewater divisions have approved the requested easement abandonment without comment. FUNDING: Not applicable. Richard C. Prima, Jr. Public Works Director Prepared by Jeannie Matsumoto, Senior Engineering Technician RCP/JHM/pmf Attachment cc: Randy Hays, City Attorney Rad Bartlam, Community Development Director George Bradley, Street Superintendent Fran Forkas, Water/Wastewater Superintendent Mr. Homer Beldt, Property Owner CITY OF LODI )PUBLIC WORKS DEPARTMENT EXHIBIT A 9 827 BLACK DIAMOND WAY 10' PUE TO BE A3ANDONED \ \ CASA DE LN)DI \ I I ' \ MOBILE HOME PAVK \ \ \ 1 I _ \__ _----J 1 2 i \ \ Exist. 1 0' PUE \ 1> r / / / / 827 Exist. 8' PUE Exist. 10' PUE DIAMOND WY. 7 "INDUSTRIAL LITE" SUBDIVISION N.T.S. When Recorded, Please Return to: Lodi City Clerk P.O. Box 3006 Lodi, CA 95241-1910 RESOLUTION NO. 2002-166 A RESOLUTION OF THE LODI CITY COUNCIL VACATING A PORTION OF A 10 -FOOT PUBLIC UTILITY EASEMENT LOCATED AT 827 BLACK DIAMOND WAY WHEREAS, on December 3, 1979, a 10 -foot public utility easement was dedicated on the "Industrial Lite" subdivision map located at 827 Black Diamond Way, Lodi, California, and is more particularly described as follows and delineated on the attached map marked Exhibit A: 10 -Foot Public Utility Easement located at Lot 6 of "Industrial Lite" Subdivision, 827 Black Diamond Way, Lodi, Califomia. Filed for record on December 3, 1979 in Volume 25 of Maps & Plats at Page 24, San Joaquin County Records. WHEREAS, the property owners, Homer & E. Beldt, Trustees, have requested that the City of Lodi abandon a 10 -foot public utility easement on Lot 6 of "Industrial Lite" subdivision, save and except the north 8 feet and the south 10 feet; and WHEREAS, said easement housed an 8 -inch fire service lateral which has now been removed, and there are no other public facilities located within the easement; and WHEREAS, the Streets and Highways Code of the State of Califomia, Sections 8330 and 8333, provide that the legislative body of a local agency may summarily vacate a public service easement if the easement has been superceded by relocation and there are no other public facilities located within the easement; and WHEREAS, pursuant to the requirements of Government Code §27288.1, the names of the owners of the title or interest in 827 Black Diamond Way as it appeared at the time and in the document creating the interest, right, or encumbrance is as follows: OWNERS: Ben Schaffer, et al. (Bozant Katzakian, Frank Johnson, John Donovan, Geraldine Schaffer Lorraine Katzakian, Elizabeth Johnson, M. Joanne Donovan) WHEREAS, in accordance with Streets and Highways Code Section 8300 et seq., it is the desire of the City Council of the City of Lodi to vacate such easement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lodi as follows: That the 10 -foot public utility easement located at 827 Black Diamond Way be vacated, save and except the north 8 feet and the south 10 feet; and That from and after the date this resolution is recorded, such easement will no longer constitute a public service easement. Dated: August 7, 2002 I hereby certify that Resolution No. 2002-166 was passed and adopted by the City Council of the City of Lodi in a regular meeting held August 7, 2002 by the following vote: AYES: COUNCIL MEMBERS — Hitchcock, Howard, Land, Nakanishi, and Mayor Pennino NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None 2002-166 SUSAN J. BLACKSTON City Clerk CITY OF LODI )PUBLIC WORKS DEPARTMENT EXHIBIT A 827 BLACK DIAMOND WAY 10' PUE TO BE ABANDONED \ \ \ CASA DE WM 1 1 \ MOBILE HOME\ PAIRK \ \ I \_ _ 1 Exist. 10' PUE 7 Exist. 8' PUE 827 Exist. 10' PUE r -r DIAMOND WY. "INDUSTRIAL LITE" SUBDIVISION N.T.S. DECLARATION OF MAILING RESOLUTION VACATING A PORTION OF A 10 -FOOT PUBLIC UTILITY EASEMENT LOCATED AT 827 BLACK DIAMOND WAY On August 8, 2002 in the City of Lodi, San Joaquin County, California, I deposited in the United States mail, envelopes with first-class postage prepaid thereon, containing the resolution vacating a portion of a 10 -foot public utility easement located at 827 Black Diamond Way, 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 August 8, 2002, at Lodi, California. ORDERED BY: JACQUELINE L. TAYLOR DEPUTY CITY CLERK PATRICIA OCHOA ADMINISTRATIVE CLERK Forms/decmail.doc ORDERED BY: SUSAN BLACKSTON CITY CLERK, CITY OF LODI ':AA. ---I ' )1 /110-i NIFER iI PERRIN PUTY CITY CLERK CITY COUNCIL PHILLIP A. PENNINO, Mayor SUSAN HITCHCOCK Mayor Pro Tempore EMILY HOWARD KEITH LAND ALAN S. NAKANISHI 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 cityclrk@lodi.gov August 8, 2002 H. DIXON FLYNN City Manager SUSAN BLACKSTON City Clerk RANDALL A. HAYS City Attorney EXHIBIT A VACATION: TO VACATE A PORTION OF A 10 -FOOT PUBLIC UTILITY EASEMENT LOCATED AT 827 BLACK DIAMOND WAY This is to inform you that the City Council at its regular meeting on August 7, 2002, considered the above matter and declared the area vacated and abandoned. Enclosed for your information is a certified copy of the resolution along with a map of the abandoned area. Should you have questions regarding the abandonment, please contact Public Works Director Richard Prima at (209) 333-6706. Susan J. Blackston City Clerk SJB/jmp Enclosure cc: Public Works Director vacation/corresp/IResVacation.doc VACATION /ABANDONMENT MAILING LIST EXHIBIT B RESOLUTION OF INTENTION (Setting Public Hearing) Certified copy w/cover letter to: Certified copies to: PG&E Jeannie Matsumoto, Public Works 12 W. Pine Street Lodi, CA 95240 Wes Fujitani, Public Works AT&T Community Development Department 6343 Tam O'Shanter Drive Stockton, CA 95210 Police Department Pacific Bell Fire Department 44 W. Yokuts Avenue Stockton, CA 95207 Central Valley Waste Services P.O. Box 241001 Lodi, CA 95241-9501 Chief Deputy County Surveyor Attn: Joe Bussalacci 1810 E. Hazelton Avenue Stockton, CA 95205 RESOLUTION OF VACATION (After Public Hearing) Certified copy w/cover letter: PG&E AT&T Pacific Bell Central Valley Waste Services Chief Deputy County Surveyor Jeannie Matsumoto, Public Works Wes Fujitani, Public Works Community Development Department Police Department Fire Department vacation/misc/mailist.doc City of Lodi, Public Works Department 221 West Pine Street P. O. Box 3006 Lodi, CA 95241-1910 (209) 333-6706 FAX (209) 333-6710 TRANSMITTAL TO: CITY CLERK FROM: JEANNIE MATSUMOTO DATE: July 10, 2002 SUBJECT: PUBLIC UTILITY EASEMENT ABANDONMENT REQUEST 827 BLACK DIAMOND WAY TRANSMITTED: CORRESPONDENCE REMARKS: Attached is correspondence in behalf of the property owner requesting an abandonment of a portion of a 10 -foot public utility easement located at 827 Black Diamond Way. The Public Works Department has contacted and received favorable responses from the affected utility agencies and departments. The public utility easement abandonment process is requested for placement on the August 7, 2002 city council agenda. If there are any questions, please contact me at Ext. #2661. Thank you. cc: Senior Civil Engineer CCLERKNOTI FICATI ON 323 West Elm Street Lodi, California 95240-2003 BAUMBACH & PIAZZA, INC. May 7, 2002 Mr. Richard Prima Director of Public Works c/o Jeannie Matsumoto P. 0. Box 3006 Lodi, CA 95241 Phone (209) 368-6618 FAX (209) 368-6610 JOB NO. 0233 Re: ABANDONMENT OF P.U.E. LOT 6, "INDUSTRIAL LITE" Dear Mr. Prima: A 10' P.U.E. exits along the West line of Lot 6. It is my understanding that it only contains a public water line that is no longer required. This letter is a request for the City to abandon the P.U.E. over "the West 10 feet of the South 170.96 feet of the North 180.96 feet of Lot 6 of INDUSTRIAL LITE as filed in Book 25 of Maps and Plats, page 24, San Joaquin County Records". Please contact me as to fees and anything else you need to process this request. TERRY PIAZZA Secretary Treasurer TP:jc cc: Herb Preszler CITY COUNCIL PHILLIP A. PENNINO, Mayor SUSAN HITCHCOCK Mayor Pro Tempore EMILY HOWARD KEITH LAND ALAN S. NAKANISHI Mr. Homer Beldt P. O. Box 785 Clements, CA 95227 CITY OF LODI PUBLIC WORKS DEPARTMENT CITY HALL, 221 WEST PINE STREET P.O. BOX 3006 LODI, CALIFORNIA 95241-1910 (209) 333-6706 FAX (209) 333-6710 EMAIL pwdept©Iodi.gov http:\\www.Iodi.gov August 1, 2002 H. DIXON FLYNN City Manager SUSAN J. BLACKSTON City Clerk RANDALL A. HAYS City Attorney RICHARD C. PRIMA, JR. Public Works Director SUBJECT: Adopt Resolution Vacating a Portion of the Public Utility Easement at 827 Black Diamond Way Enclosed is a copy of background information on an item on the City Council agenda of Wednesday, August 7, 2002. The meeting will be held at 7 p.m. in the City Council Chamber, Carnegie Forum, 305 West Pine Street. This item is on the consent calendar and is usually not discussed unless a Council Member requests discussion. The public is given an opportunity to address items on the consent calendar 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 Susan Blackston, City Clerk, at 333-6702. If you have any questions about the item itself, please call Jeannie Matsumoto, Senior Engineering Technician, at 333-6800, ext. 2661. eia� Richard C. Prima, Jr. Public Works Director RCP/Im Enclosure cc: City Clerk N C P U E 827 B LAC K D I A M O N D W Y