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Home My WebLink AboutAgenda Report - June 2, 2021 G-02 PHAGENDA STEM +, CITY OF LODI COUNCIL COMMUNICATION TM AGENDA TITLE: Public Hearing to Adopt Resolution to Abandon Two 10 -Foot Public Utility Easements Located at 121 North Guild Avenue MEETING DATE: June 2, 2021 PREPARED BY: Public Works Director RECOMMENDED ACTION: Conduct a public hearing to consider adoption of a resolution to abandon two 10 -foot public utility easements at 121 North Guild Avenue. BACKGROUND INFORMATION: At its regular meeting on April 21, 2021, the Council adopted a resolution of intention to abandon two 10 -foot public utility easements located at 121 North Guild Avenue. Posting, publishing and mailing notices have been accomplished. In 1991, two 10 -foot public utility easements were dedicated over portions of the property located at 121 North Guild Avenue, as shown on Exhibit A. The easements were established for the purpose of installing underground electrical utility services. The easements are no longer needed because the electrical services have been moved. The recommended easement abandonment will allow the new facility to be constructed on the parcel. The proposed easement vacation is requested by Dillon and Murphy Engineering on behalf of the current owner, Cepheid. The Community Development Director discussed the proposed abandonments with the applicants through their design approval process. The Planning Department concurs with the proposed Council action. The City of Lodi Electric Utility Department, City of Lodi Water/Wastewater and Street Divisions, AT&T, Pacific Gas & Electric, and Comcast have approved the public utility easement abandonment without further comment or conditions. Staff recommends that the request to abandon the two 10 -foot public utility easements located at 121 North Guild Avenue be granted. FISCAL IMPACT: FUNDING AVAILABLE: CES/DW/cd Attachment cc: Janice D. Magdich, City Attorney Not applicable. Not applicable. APPROVED: \\cvcfilv02\pu bwks$\W P\DEV_SE RV\VACA ( I f 7- Q, Q Charles E. Swimley, Jr. Public Works Director CS�ter!City Manager MENT\GUILD 121 N\PHVacate-Gui1d121N.doc 5118/2021 EXHIBIT A CITY OF LODI EASEMENTS TO BE ABANDONED A strip of land 10 feet wide the centerline being described as follows: EASEMENT NO. 1: Commencing at the southwest corner of Parcel 2 as filed for record on September 20, 1991 in book 17 of Parcel Maps at Page 197, San Joaquin County Records; thence along the west line of said parcel N 01 008'30" W, 285 feet to the True Point of Beginning; thence S 89°52' E, 10 1. 00 feet; thence S 31 000' E, 55.0 feet to the Point of Termination. EASEMENT NO. 2: The True Point of Beginning being S 89052' E, and 101.00 feet distant from the Point of Beginning of the above described centerline of Easement No. 1; thence S 80°00' E, 30.00 feet to the Point of Termination. EXP 17.3,1.21 �T�C1V }1 OQ�`P CITY OF LODI EASEMENTS TO BE ABANDONED A P 049-320-13 1 A.P N 049-320-14 LEGEND P.U.E. PUBLIC UTILITY EASEMENT TO BE ABANDONED A.P.N. KP N. 049-320-11 P.O.C. POINT OF COMMENCEMENT P.O.B. POINT OF BEGINNING N89052'00"W 490.31' SCALE: N 1" = I 100"/ ro 0 o M EX. 16.5' P.U.E. W Z w > ? A. P. 049-320-12 N v Q n- w 0 Q P.O.B. EASEMENT NO. 1 -coo 0 ° 089°52'E 101.00' o 1n P.O.B. EASEMENT NO. 2 EX, 10' EASEMENT NO. 2 40' 140' S80000'E 30.00' _ _— CO I S31000'E 55.00' N N c N I EX. 10' EASEMENT NO. 1 co m M O I 0 _ 0 Lo c Z W I N Z a w I Q I o Cn o� oM 0 o� P.O.C. N N89052'W 500 A5' A P 049-320-13 1 A.P N 049-320-14 LEGEND P.U.E. PUBLIC UTILITY EASEMENT TO BE ABANDONED A.P.N. ASSESSOR PARCEL NUMBER P.O.C. POINT OF COMMENCEMENT P.O.B. POINT OF BEGINNING RESOLUTION NO. 2021-163 A RESOLUTION OF THE LODI CITY COUNCIL ABANDONING TWO 10 -FOOT PUBLIC UTILITY EASEMENTS AT 121 NORTH GUILD AVENUE WHEREAS, the proposed easement vacation is requested by Dillon and Murphy Engineering on behalf of the current owner, Cepheid; and WHEREAS, the easements were established for the purpose of installing underground electrical utility services; and WHEREAS, the easements are no longer needed because the electrical services have been moved, and the recommended easement abandonment will allow the new facility to be constructed on the parcel; and WHEREAS, staff recommends abandoning two 10 -foot public utility easements at 121 North Guild Avenue. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby abandon two 10 -foot public utility easements at 121 North Guild Avenue; and BE IT FURTHER RESOLVED, pursuant to Section 6.3q of the City Council Protocol Manual (Res. No. 2019-223), the City Attorney is hereby authorized to make minor revisions to the above -referenced document(s) that do not alter the compensation or term, and to make clerical corrections as necessary. Dated: June 2, 2021 I hereby certify that Resolution No. 2021-163 was passed and adopted by the City Council of the City of Lodi in a regular meeting held June 2, 2021 by the following vote: AYES: COUNCIL MEMBERS — Chandler, Hothi, Khan, Kuehne, and Mayor Nakanishi NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None ENNIF CUSMIR City Clerk 2021-163 DECLARATION OF POSTING On May 11, 2021, in the City of Lodi, San Joaquin County, California, I, Denise Wiman, Senior Engineering Technician of the City of Lodi, served the attached notice by posting copies upon the premises adjacent to 121 North Guild Avenue and shown as Exhibit A attached and described in Resolution 2021-109, Lodi, California, as prescribed in Section 8323 of the Streets and Highways Code. I declare under penalty of perjury that the foregoing is true and correct. Executed on May 11, 2021, at Lodi, California. Denise S. Wiman, Sr. Engineering Technician NOTICE OF VACATION PUBLIC HEARING June 2 "d , 2021 @ 7:00 PM Go to www.lodl'.qov See attached for zoom information. CITY OF LODI NOTICc OF PUBLIC HEARING Carnegie Forum Date: June 2, 2021 305 West Pine Street, Lodi Time: 7:00 p.m. For information regarding this notice please contact: Jennifer Cusmir City Clerk Telephone: (209) 333-6702 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that on Wednesday, June 2, 2021, at the hour of 7:00 p.m., or as soon thereafter as the matter may be heard, the City Council will conduct a public hearing at the Carnegie Forum, 305 West Pine Street, Lodi, to consider the following item: a) A resolution abandoning two 10 -foot Public Utility Easements at 121 North Guild Avenue. While social distancing measures are imposed due to COVID-19, Council chambers are closed to the public during meetings of the City Council. Members of the public may view and listen to the open session of the meeting at www.facebook.com/CityofLadi/ or htips://zoom.us/1/9$3434!i?03?"w =Vml 4anRKUm9PWURFbOJnbihSW DFOdz09. Information regarding this item may be obtained in the Public Works Department, 221 West Pine Street, Lodi, (209) 333-6706. All interested persons are invited to present their views and comments on this matter. Written statements may be filed with the City Clerk by emailing Councilcomments lodi, ov. All comments received prior to the close of the public hearing will be read into the record. Oral comments may be made at: htlns:llzoom.tlsrd9$343457Q03?uwd=VM14anRKUm9PWURFbOJnb7h5WDFOdzo9, If you challenge the subject matter in court, you may be limited to raising only those issues you or someone else raised at the public hearing described In this notice or in written correspondence delivered to the City Clerk, 221 West Pine Street, at or prior to the close of the public hearing. By Order of the Lodi City Council: J. e us ( ity Clerk Dated: April 21, 2021 Approved as to form: Janice D. Magdich Janice D. Magdlch City Attorney AVISO Para obtener ayuda interpretative con este noticia, por favor Ilame a Is oficina de Is Secretarla Municipal, a las (209) 333-6702. CLERKIPUBHEARWOTICESWCTCDN_LvlftWr,culldEasemenl 4MB121 RESOLUTION NO. 2021-109 A RESOLUTION OF THE LODI CITY COUNCIL OF INTENTION TO ABANDON TWO 10 -FOOT PUBLIC UTILITY EASEMENTS AT 121 NORTH GUILD AVENUE WHEREAS, the proposed easement vacation is requested by Dillon and Murphy Engineering on behalf of the current property owner of 121 North Guild Avenue, Cepheid; and WHEREAS, the easements were established for the purpose of installing underground electrical utility services; and WHEREAS, the easements are no longer needed as the electrical services have been moved, and the recommended easement abandonment will allow the new facility to be constructed on the parcel; and WHEREAS, staff recommends adopting a resolution of intention to abandon two 10 -foot public utility easements at 121 North Guild Avenue. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby adopt a resolution of intention to abandon two 10 -foot public utility easements located at 121 North Guild Avenue; and BE IT FURTHER RESOLVED, pursuant to Section 6.3q of the City Council Protocol Manual (Res. No. 2019-223), the City Attorney is hereby authorized to make minor revisions to the above -referenced document(s) that do not alter the compensation or term, and to make clerical corrections as necessary. Dated: April 21, 2021 ------------------------------------------------------------------------ I hereby certify that Resolution No. 2021-109 was passed and adopted by the City Council of the City of Lodi in a regular meeting held April 21, 2021 by the following vote: AYES: COUNCIL MEMBERS — Chandler, Hothi, Khan, Kuehne, and Mayor Nakanishi NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None JENNIFER USMIR City Clerk 2021-109 EXHIBIT A CITY OF LODI EASEMENTS TO BE ABANDONED A strip of land 10 feet wide the centerline being described as follows: EASEMENT NO. 1: Commencing at the southwest corner of Parcel 2 as filed for record on September 26, 1991 in book 17 of Parcel Maps at Page 197, San Joaquin County Records; thence along the west line of said parcel N 01'08'30" W, 285 feet to the True Point of Beginning; thence S 89052' E, 101.00 feet; thence S 31 000' E, 55.0 feet to the Point of Termination. EASEMENT NO. 2: The True Point of Beginning being S 89052' E, and 101.00 feet distant from the Point of Beginning of the above described centerline of Easement No. 1; thence S 80000' E, 30.00 feet to the Point of Termination. CITY OF LODI EASEMENTS TO BE ABANDONED A P.N. 049-320-11 r N89'62'00' W 490.31' SCALE: N ►" 10 I 0 �- CD EX. 16.5' P.U.E. v C3 z A.P.N. 049-320-12 a 41 O.B. EASEMENT NO. 1 S89°52'E 101.00' P.O.B. EASEMENT NO, 2 EX. 10' EASEMENT NO. 2 S$0°00'E 30,00' o \k�S31 OWE 55.00' 0o N VEX.10' EASEMENT NO. 1 o � 6 o 00 Z N [� l�• I l P.O.C.. L N89952'W 500.65' P NI a. 1-320.-13 r, P Ni Nil,j LEGEND P.U.E PUBLIC UTILITY EASEMENT TO BE ABANDONED A.P,N ASSESSOR PARCEL NUMBER P.O.C. POINT OF COMMENCEMENT P.O.B POINT OF BEGINNING T- o .Please immediately confirm receipt of this fax by calling 333-6702 CITY OF LODI P. O. BOX 3006 LODI, CALIFORNIA 95241-1910 ADVERTISING INSTRUCTIONS SUBJECT: NOTICE OF PUBLIC HEARING TO CONSIDER RESOLUTION TO ABANDON TWO 10 -FOOT PUBLIC UTILITY EASEMENTS AT 121 NORTH GUILD AVENUE PUBLISH DATE: SATURDAY, APRIL 24, 2021 TEAR SHEETS WANTED: One (1) please SEND AFFIDAVIT AND BILL TO: JENNIFER CUSMIR, CITY CLERK LNS ACCT. #5100152 City of Lodi P.O. Box 3006 Lodi, CA 95241-1910 DATED: THURSDAY, APRIL 22, 2021 ORDERED BY: JENNIFER CUSMIR CITY CLERK PAMELA M. FARRIS ASSISTANT CITY CLERK KAYLEE CLAYTON ADMINISTRATIVE CLERK Verify Appearance of this Legal in the Newspaper — Copy to File Emailed to the Sentinel at legals@lodinews.com at (time) on (date) (pages) forms\advins.doc DECLARATION OF POSTING NOTICE OF PUBLIC HEARING TO CONSIDER RESOLUTION TO ABANDON TWO 10 -FOOT PUBLIC UTILITY EASEMENTS AT 121 NORTH GUILD AVENUE On Thursday, April 22, 2021, in the City of Lodi, San Joaquin County, California, a copy of a Notice of Public Hearing to consider resolution to abandon two 10 -foot Public Utility Easements at 121 North Guild Avenue (attached hereto, marked Exhibit "A") was posted at the following locations: Lodi City Clerk's Office Lodi City Hall Lobby Lodi Carnegie Forum WorkNet Office I declare under penalty of perjury that the foregoing is true and correct. Executed on April 22, 2021, at Lodi, California. PAMELA FARRIS ASSISTANT CITY CLERK 70T-17wea-Amm JENNIFER CUSMIR CITY CLERK KAYLEE CLAYTON ADMINISTRATIVE CLERK \\cvcfilv0l\administration$\Administration\CLERK\Public I-Iearings\AFFADAVITS\DECPOST1.DOC DECLARATION OF MAILING NOTICE OF PUBLIC HEARING TO CONSIDER ABANDONMENT OF TWO 10 -FOOT PUBLIC UTILITY EASEMENTS AT 121 NORTH GUILD AVENUE On April 26, 2021, 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 Notice of Public Hearing to consider abandonment of two 10 -foot Public Utility Easements at 121 North Guild Avenue, 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 April 26, 2021, at Lodi, California. PAMELA FARRIS ASSISTANT CITY CLERK Forms/decmail.doc ORDERED BY: JENNIFER CUSMIR CITY CLERK, CITY OF LODI KAYLE� CLAYTON ADMINISTRATIVE OAK -Y CITY OF LOD] p� Carnegie Forum 305 West Pine Street, Lodi NOTICE OF PUBLIC HEARING Date: June 2, 2021 ° Time: 7:00 p.m. ILY 1 4F i r For information regarding this notice please contact. Jennifer Cusmir City Clerk Telephone: (209) 333-6702 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that on Wednesday, June 2, 2021, at the hour of 7:00 p.m., or as soon thereafter as the matter may be heard, the City Council will conduct a public hearing at the Carnegie Forum, 305 West Pine Street, Lodi, to consider the following item: a) A resolution abandoning two 10 -foot Public Utility Easements at 121 North Guild Avenue. While social distancing measures are imposed due to COVID-19, Council chambers are closed to the public during meetings of the City Council. Members of the public may view and listen to the open session of the meeting at www.facebook.com/Cityof Lod i/ or htt s:llzoom.us/i/98343457003? wd=Vml4anRKUm9PWURFbOJnbThSWDFOdzO9. Information regarding this item may be obtained in the Public Works Department, 221 West Pine Street, Lodi, (209) 333-6706. All interested persons are invited to present their views and comments on this matter. Written statements may be filed with the City Clerk by emailing councilcomments lodi. ov. All comments received prior to the close of the public hearing will be read into the record. Oral comments may be made at: htt s://zo❑ .usli/983434570037 wd=Vml4anRKUnigPWURFbOJnbThSWOFOdzO9. If you challenge the subject matter in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City Clerk, 221 West Pine Street, at or prior to the close of the public hearing. By Order of the Lodi City Council: J 'a U5 ity Clerk Dated: April 21, 2021 Approved as to form: Janice D. Magdich Janice D. Magdich City Attorney AVISO: Para obtener ayuda interpretativa con esta noticia, por favor Ilame a la oficina de la Secretaria Municipal, a las (209) 333-6702. 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