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Home My WebLink AboutAgenda Report - November 17, 2021 C-19AGENDA ITEM eamlq CITY OF LODI COUNCIL COMMUNICATION TM AGENDA TITLE: Adopt Resolution of Vacation to Abandon an 8 -foot and a 16.5 -foot Public Utility Easement located at 1901 Ackerman Drive. MEETING DATE: November 17, 2021 PREPARED BY: Public Works Director RECOMMENDED ACTION: Adopt a Resolution of Vacation abandoning an 8 -foot and a 16.5 -foot public utility easement located at 1901 Ackerman Drive. BACKGROUND INFORMATION: The proposed public utility easement vacations are requested by E. A Bonelli Architects & Engineers on behalf of the current parcel owner, Rich Products Corporation. The 8 -foot public utility easement was dedicated on the parcel map entitled Lot 3 of "Maxwell Industrial Park" filed for record December 22, 1980 in Book 9 of Parcel Maps at Page 206, San Joaquin County Records. The 16.5 -foot public utility easement was dedicated by deed on April 15, 1992, as document number 93044710 in the office of the San Joaquin County Recorder. The descriptions and locations of the existing easements are shown on Exhibits A & B. Due to a lot line adjustment recorded in 2004, which changed the property line locations, the easements are no longer adjacent to a property line. Both easements referenced above are not needed nor have they been used in the last five years. The property owners have requested abandonment of the existing easements to allow development of the parcel. The City of Lodi Electrical, Water/Wastewater and Street Divisions, AT&T, PG&E and Comcast have been contacted, and no utilities or other facilities were found to exist within the easements. All agencies contacted have approved abandonment without further comment or conditions. Under Section 8333 of the Streets and Highways Code, a local agency may summarily vacate an easement if "the easement has not been used for the purpose for which it was dedicated or acquired for five consecutive years immediately preceding the proposed vacation". The Public Works Department recommends that the City Council adopt a Resolution of Vacation abandoning the 8 -foot and 16.5 -foot public utility easements without referral to the Planning Commission or the normal posting, publishing and public hearing. FISCAL IMPACT: None FUNDING AVAILABLE: Not applicable CL212 Charlies E. Swimley, Jr. Public Works Director CES/DW/cd Attachment cc: Janice D. Magdich, City Attorney APPROVED: Steve Schwabauer Stephen Schwabauer, City Manager \\cvcfilv02\pubwks$\WP\DEV_SERV\VACATIONS-ABANDONMENTS\EASEMENT\ACKERMAN 1901\CAbandon Ackerman 1901.doc11/2/2021 EXHIBIT "A" PUBLIC UTILITY EASEMENT ABANDONMENT LEGAL DESCRIPTION Lying in a portion of Parcel "A" as shown on that certain Parcel Map recorded in Book 9 of Parcel Maps, at Page 206, San Joaquin County Records, and situate in the Northwest Quarter of Section 13, Township 3 North, Range 6 East, Mount Diablo Meridian, City of Lodi, County of San Joaquin, State of California, being more particularly described as follows: The North 8.00 feet of said Parcel "A" EXCEPTING THEREFROM the East 10.00 feet. Containing 3,621 square feet, more or less. This legal description as described is delineated on the accompanying "Plat to Accompany Legal Description" and made a part hereof for reference purposes. a`lygq�E CAN�o a CL Fob o q a o e a O � O q ` _ afi CA�� 101,�21 1,2 / S,P,R.R, I I o� I I-------------- 06 I I I ► FAI�JC r / "A" I II EXISTING 8' PUE (9 -PM -206) TO BE ABANDONED I ► 3,621 SF I p00000000000000p oo��r1pL LANp�0000000 I �0000 II o �oz� o°o 8.00,- o 70 °o I p* o o* o II 0�1)° .0.°90o 0 000000 OF EX. 70' PUE 0p�000000000000O TO REMAIN -- — — A CKERMA N DRI VE �1= � n � y PLAT TO ACCOMPANY JJOB NO: 121-2874 SCALE.- LEGAL DESCRIPTION DR BY- OF A PORTION OF PARCEL "A", AS SHOWN ON �+ BN9TiIP.e Csl'OULrJ, INC. CERTAIN RECORDED BOOK 9OF PARCEL MAPS, PAGE206,SJ C.R., • CIVIL ENGINEERING • SURVEYING • PLANNING • SEC710N 13, TOWNSHIP 3 NORTH, RANGE 6 EAST, 620 12th Street Modesto, CA 95354 MOUNT DIABLO MERIDIAN. (209) 524-3525 Phone (209) 524-3526 Fax CITY OF LODI, SAN ✓OAQUIN COUNTY, STA7E OF CALIFORNIA SCALE.- 1 '=100' DR BY- NC FILE 21-2874 8'pue abondonment.dwg DA TE. October 21, 2021 APN: 062-190-27 Address: 1901 Ackerman Drive 16.5 FOOT PUBLIC UTILITY EASEMENT ABANDONMENT LEGAL DESCRIPTION A strip of land situate in the Northwest Quarter of Section 13, Township 3 North, Range 6 East, Mount Diablo Basin and Meridian, in the City of Lodi, County of San Joaquin, State of California being more particularly described as follows: The North 16.5 feet of Parcel "A" as filed for record on November 26, 1984 in Book 13 of Parcel Maps at Page 41, San Joaquin County Records. uy u°oCITY OF LODI °v f. `�PUBUC WORKS DEPARTMENT ��VMMy EASEMENT DEED 062-190-002 1901 Ackerman Drive NOTE: Buildings and structures in conformance with City of Lodi zoning ordinances and building codes are permitted in the south 6.5 feet of the 16.5 foot Public Utility Easement to a maximum height of 23 feet. N.T.S. RESOLUTION NO. 2021-310 A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING ABANDONMENT OF AN 8 -FOOT AND A 16.5 -FOOT PUBLIC UTILITY EASEMENTS LOCATED AT 1901 ACKERMAN DRIVE WHEREAS, public utility easement vacations are requested by E. A. Bonelli Architects & Engineers on behalf of the current parcel owner, Rich Products Corporation; and WHEREAS, descriptions and locations of the existing easements are shown on Exhibits A & B. Due to a lot line adjustment recorded in 2004, which changed the property line locations, the easements are no longer adjacent to a property line; and WHEREAS, both easements referenced above are not needed nor have they been used in the last five years and the property owners have requested abandonment of the existing easements to allow development of the parcel; and WHEREAS, the City of Lodi Electric Utility, Water/Wastewater and Street Divisions, AT&T, PG&E and Comcast have been contacted, and no utilities or other facilities were found to exist within the easements and all agencies contacted have approved abandonment without further comment or conditions; and WHEREAS, under Section 8333 of the Streets and Highways Code, a local agency may summarily vacate an easement if "the easement has not been used for the purpose for which it was dedicated or acquired for five consecutive years immediately preceding the proposed vacation;" and WHEREAS, staff recommends the City Council abandon the 8 -foot and 16.5 -foot public utility easements without referral to the Planning Commission or the normal posting, publishing, and public hearing. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby abandon the 8 -foot and 16.5 -foot public utility easements located at 1901 Ackerman Drive without referral to the Planning Commission or the normal posting, publishing, and public hearing. Dated: November 17, 2021 I hereby certify that Resolution No. 2021-310 was passed and adopted by the City Council of the City of Lodi in a regular meeting held November 17, 2021, by the following vote: AYES: COUNCIL MEMBERS — Chandler, Khan, Kuehne, and Mayor Nakanishi NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — Hothi ABSTAIN- COUNCIL MEMBERS — None JENNIF R CUSMIR City Clerk 2021-310 EXHIBIT ""A" PUBLIC UTILITY BASEMENT ABANDONMENT LEGAL DESCRIPTION Lying in a portion of Parcel "A" as shown on that certain Parcel Map recorded in Book 9 of Parcel Maps, at Page 206, Sari Joaciuin County Records, and r0wate in the Northwest Quarter of Sedion 1:3, Township :3 North, Range 6 East, Mount Diablo Meridian, City of Dodi, County of .` sn .lonquin, State Of California, bRing more partic UL-Iriy described as follows - The North 0.00 feet of said Parcel "A„ EXCEPTING THEREFROM the East 10.00 feet. Containing 3,621 square feet, more or lass. This legal description as described is delineated on the accompanying "Plat to Accompany I.,egal Description" and made a part hereof for reference purposes, b y lq�D �� Asx Tem JV[ n ::ealr► E1q;.r.rr.c1 �J, F) Iy) r FAjlE?C"r / "A" EXISTING 8' PUE — (9 -PM -206) TO BE ABANDONED 3,621 SF - '-w- [-m. ��E 4��'�a •909 ¢�' �an^_ Ofi CAS F awm EX. 10' PUE TO REMAIN r O O O PLAT TO ACCOMPANY LEGAL. DESCRIPTION OF A PORTION OF PARCEL "A", AS SHOWN ON N�, }'�'��r* Grow yJ� Inc. THAT CERTAIN PARCEL MAP, RECORDED IN El _ BOOK 9 OF PARCEL MAPS, PAGE 206, S J.C.R., �• •CIVIL ENGINEERING •SURVEYING •PLANNING • SECTION 13, TOWNSHIP 3 NORTH, RANGE 6 EAST, 620 12th Street Modesto, CA 95354 MOUNT DIABLO MERIDIAN. (209) 524-3525 Phone (209) 524-3526 Fax CITY OF LODI, SAN ✓OAQUIN COUNTY, STATE A CKERMA N DRI VE JaIn m � Z r` z � FlI1 R OF CALIFORNIA ✓oe No: J21-2874 SCALE 1 '=100' DR BY- NC FILE 21—zs7a 8'pue nbandanmentdwg DA TE: October 21, 2021 APN: 062-190-27 Address: 1901 Ackerman Drive EXHIBIT "B" 16.5 FOOT PUBLIC UTILITY EASEMENT ABANDONMENT LEGAL DESCRIPTION A strip of land situate in the Northwest Quarter of Section 13, Township 3 North, Range 6 East, Mount Diablo Basin and Meridian, in the City of Lodi, County of San Joaquin, State of California being more particularly described as follows: The North 16.5 feet of Parcel "A" as filed for record on November 26, 1984 in Book 13 of Parcel Maps at Page 41, San Joaquin County Records. EASENTENT DEED CITY OF LODI rk r 062= 1 30=002- PU@UC WORKS DEPARTMENT o g 16-01 Acknffn6r) Drive 16.5' P.U.E. 6.5' Over! ead Easement c E o Al— Dr. PARCEL A:' .�T i ! 0 T K: qj:id!nTs and structures Lj ruc"r;�s :n conformance f "ormance v,,; L::,V Of Lod; crdirw),-06s cinch building ccsl l(Aare . pu-r-iittecl in the "south 6.5 feet . �-ht. . 7 'a of fm!,)t Public Utility Easement to a moxirnuffl hel;.h" of 23 feet.