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HomeMy WebLinkAboutAgenda Report - February 21, 2001 F-01 PHCITY OF LODI COUNCIL COMMUNICATION AGENDA TITLE: Public Hearing to Consider a Resolution to Vacate the 6 -foot Public Utiltiy Easement Along the North Property Line of Lot 189, Lakewood Subdivision, Unit No. 4 MEETING DATE: February 21, 2001 PREPARED BY: Public Works Director RECOMMENDED ACTION: That the City Council, after reviewing the findings of the Planning Commission, conduct a public hearing to consider a resolution to vacate the 6 -foot public utility easement along the north property line of Lot 189, Lakewood Subdivision, Unit No. 4, as shown on Exhibit A. BACKGROUND INFORMATION: At the regular Council meeting of January 17, 2001, the City Council adopted a resolution of intention to vacate the 6 -foot public utility easement along the north property line of Lot 189 of Lakewood Subdivision, Unit No. 4, saving and excepting the west 6 feet and the east 5 feet of the public utility easement, and referred the matter to the Planning Commission. The Planning Commission held a public hearing on January 24, 2001, to determine public need, present or future, for this public utility easement. Resolution No. P.C. 01-04 was passed and adopted recommending that the 6 -foot public utility easement along the north line of Lot 189 be vacated. The public utility easement was orginally intended for utility poles and overhead utility lines. A new public utility easement has been dedicated for this purpose on a 30 -foot strip of land north of the original easement. The owners of Lot 189 purchased this property from the City in 1998. Abandonment of the 6 -foot easement along the north line of Lot 189 will allow the owners to make improvements and better utilize their rear yard. FUNDING: Not Applicable C&�tj Richard C. Prima, Jr. Public Works Directo Prepared by Jeannie Matsumoto, Senior Engineering Technician RCP/J M/pmf Attachment cc: Randy Hays, City Attorney Rad Bartlam, Community Development Director APPROVED: H. Dixon lyn -- City M ager CPHLAKEWOODLOT189UNIT4 02/13/01 RESOLUTION NO. 2001-10 A RESOLUTION OF THE LODI CITY COUNCIL DECLARING ITS INTENTION TO VACATE THE 6 -FOOT PUBLIC UTILITY EASEMENT ALONG THE NORTH LINE OF LOT 189, LAKEWOOD SUBDIVISION, UNIT NO. 4 BE IT RESOLVED by the City Council of the City of Lodi as follows: It is the intention of the City Council of the City of Lodi, acting in accordance with the provisions of Section 8300 et seq. of the Streets and Highways Code of the State of California, to vacate and abandon the public utility easement along the North line of Lot 189, Lakewood Subdivision, Unit No. 4, as shown on Exhibit A attached hereto and thereby made a part hereof. 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 proposed vacation. BE IT FURTHER RESOLVED that this City Council does hereby fix Wednesday, February 21, 2001, at the hour of 7:00 p.m., in the City Council Chambers, Carnegie Forum, 305 West Pine Street, Lodi, California, as the time and place when and where all persons interested in or objecting to this proposed vacation may appear before this City Council and be heard. BE IT FURTHER RESOLVED that the Public Works Director shall cause to be posted notices of easement vacation conspicuously along the line of the easement hereinabove described and proposed to be vacated in the manner, form, and for the length of time set forth in Section 8323 of the Streets and Highways Code of the State of California. BE IT FURTHER RESOLVED that copies of this resolution shall be published for at least two successive weeks prior to February 21, 2001 in the "Lodi News Sentinel', a daily newspaper of general circulation printed and published in the City of Lodi, County of San Joaquin. Dated: January 17, 2001 ---------------------------------------------------------------------- ---------------------------------------------------------------------- I hereby certify that Resolution No. 2001-10 was passed and adopted by the City Council of the City of Lodi in a regular meeting held January 17, 2001, by the following vote: AYES: COUNCIL MEMBERS — Hitchcock, Howard, Land, Pennino and Mayor Nakanishi NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None SUSAN J. BLACKS N City Clerk 2001-10 '• CITY OF LODI EXHIBIT A PUBLIC UTILITY EASEMENT PUBLIC WORKS DEPARTMENT' ABANDONMENT SAVE AND EXCEPT the West 6—ft and the East 5—ft of Lot 189. Proposed abandonment of the North 6—ft of Lot 189 `8 s s od ,ZoB edge 207 227 20S Il 247 ��/ 2.40 vvO 0 I D ETAI L ok L001 LAKE Lill VICINITY MAP N.T.S. When Recorded, Please Return to: Lodi City Clerk P.O. Box 3006 Lodi, CA 95241-1910 RESOLUTION NO. 2001-44 A RESOLUTION OF THE LODI CITY COUNCIL VACATING A 6 -FOOT PUBLIC UTILITY EASEMENT ALONG THE NORTH LINE OF LOT 189, LAKEWOOD SUBIDIVISION, UNIT NO. 4 WHEREAS, on October 13, 1976, a public utility easement dedicated along the north line of Lot 189 as shown on "Lakewood" Subdivision, Unit No. 4, Lodi, California was reduced to a 6 -foot public utility easement and is more particularly described as follows and delineated on the attached map marked Exhibit A: The North 6 -feet of Lot 189 of "Lakewood", Unit No. 4, as filed for record on July, 26, 1967, in Book of Maps and Plats, Volume 18, at Page 5, San Joaquin County Records. SAVE AND EXCEPT the West 6 -feet and East 5 -feet of said Lot 189. WHEREAS, the owner of Lot 189 have requested that the City of Lodi abandon such easements; and WHEREAS, such easements have been superseded by relocation and there are no other public facilities located within the easement; and WHEREAS, the Streets and Highways Code of the State of California, 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 Lot 189 of Lakewood Subdivision, Unit No. 4 as it appeared at the time and in the document creating the interest, right or encumbrance is as follows: OWNERS: Leland J. Haley and Trudy L. Haley 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 6 -foot public utility easement located along the North property line on Lot 189, Lakewood Subdivision, Unit No. 4, SAVE AND EXCEPT the West 6 -feet and East 5 -feet of said Lot 189.be vacated; and That from and after the date this resolution is recorded, such easements will no longer constitute a public service easement. Dated: February 21, 2001 I hereby certify that Resolution No. 2001-44 was passed and adopted by the City Council of the City of Lodi in a regular meeting held February 21, 2001 by the following vote: AYES: COUNCIL MEMBERS — Hitchcock, Howard, Land, Pennino and Mayor Nakanishi NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None SUSAN J. BLACKSTON City Clerk 2001-44 ' CITY OF LORI EXHIBIT A - PUBLIC UTILITY EASEMENT PUBLIC WORKS DEPARTMENT.. ABANDONMENT SAVE AND EXCEPT the West 6—ft and the East—ft of Lot 189. Proposed abandonment of the Borth 6-1ft of Lot 189 1,61 t& O 20 I i 247 ��j it /92 20 IL e Q D E'AI L a L=l LAKE i 4 I I � r i1 i i annul VICINITY MAP 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: RESOLUTION OF THE LODI CITY COUNCIL DECLARING ITS INTENTION TO VACATE THE 6 -FOOT PUBLIC UTILITY EASEMENT ALONG THE NORTH LINE OF LOT 189, LAKEWOOD SUBDIVISION, UNIT NO. 4 PUBLISH DATE(s): MONDAY, JANUARY 29, 2001 MONDAY, FEBRUARY 5, 2001 TEAR SHEETS WANTED: ONE SEND AFFIDAVIT AND BILL TO: DATED: JANUARY 18, 2001 ORDERED BY: JACQUELINE L. TAYLOR DEPUTY CITY CLERK SUSAN BLACKSTON, CITY CLERK City of Lodi P.O. Box 3006 Lodi, CA 95241-1910 NIFER KVPERRIN DEPUTY CITY CLERK Faxed to the Sentinel at 369-1084 at j ,S5 fM(time) on ! /1 UD / (date) .�S (pages) Sharon Phoned to confirm fecebt of all Daaes at (time) Jac Jen (initials) formsWvins.dcc • CITY OF LODI NOTICE OF PUBLIC HEARING Carnegie Forum Date: Wednesday, February 21, 2001 305 West Pine Street, Lodi Time: 7:00 p.m. For information regarding this notice please contact: Susan J. Blackston City Clerk Telephone: (209) 333-6702 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that on Wednesday, February 21, 2001 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 matter: a) intention to vacate the 6 -foot public utility easement along the north line of lot 189, Lakewood Subdivision, Unit No. 4 Further, notice is hereby given that the City Council has referred this item to the Planning Commission for discussion and recommended action on Wednesday, January 24, 2001 at the hour of 7:00 p.m., or as soon thereafter as the matter may be heard. All interested persons are invited to present their views and comments on this matter. Written statements may be filed with the City Clerk at any time prior to the hearing scheduled herein, and oral statements may be made at said hearing. 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 Public Hearing. By Order of the Lodi City Council: Susan J. Blackston v City Clerk Dated: January 17, 2001 Approved as to form: �� Q Randall A. Hays City Attorney JACrrYCLRKIFORMS\NOTGEN.00C 1/17/01 yOF� V�00 9' `Q DECLARATION , POSTING On Thursday, January 18, 2001 in the City of Lodi, San Joaquin County, California, a copy of the Resolution of the Lodi City Council Declaring its Intention to Vacate the 6 - Foot Public Utility Easement Along the North Line of Lot 189, Lakewood Subdivision, Unit No. 4 (attached hereto, marked Exhibit "A") was posted at the following three locations: Lodi Public Library Lodi Police Public Safety Building Lodi City Hall Lobby Carnegie Forum Posting Board I declare under penalty of perjury that the foregoing is true and correct. Executed on January 18, 2001, at Lodi, California. ORDERED BY: SUSAN J. BLACKSTON CITY CLERK Jacqueline L. Taylor Deputy City Clerk c Jenryer M. Perrin Deputy City Clerk formsWecpost.doc DECLARATION OF MAILING Resolution of the Lodi City Council and Public Hearing Notice Declaring the Intention to Vacate the 6 -Foot Public Utility Easement Along the North Line of Lot 189, Lakewood Subdivision, Unit No. 4 On January 18, 2001 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 copy of the Notice attached hereto, 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. I declare under penalty of perjury that the foregoing is true and correct. Executed on January 18, 2001, at Lodi, California. ORDERED BY: JACQUELINE L. TAYLOR DEPUTY CITY CLERK decmaildorms ORDERED BY: SUSAN BLACKSTON CITY CLERK, CITY OF LODI ,4NNIFERYA. PERRIN EPUTY CITY CLERK City of Lodi Parcel Inquiry Parcel Inquiry, Search Result 1 of 13 [Details] 039-0.20-01 2 of 13 [Details] 039-092-17 3 of 13 [Details] 039-093-15 4 of 13 [Details] 039-093-16 5 of 13 [Details] 03.9-093-17 6 of 13 [Details.] 039, 0.9.3_16 7 of 13 [Details] 039-094-10 8 of 13 [Details] 039=09411 9 of 13 [Details] 039-094-12 10 of 13 [Details] 039-094-14 11 of 13 [Details] 039-094-15 12 of 13 [Details] 039=09416 13 of 13 [Details) 039-094-49 039-094-09 039-020-02 039-093-25 1046 N LAUREL AV 2007 W EDGEWOOD DR 2029 W EDGEWOOD DR 2019 W EDGEWOOD DR 1162 N JUNEWOOD DR 2039 W EDGEWOOD DR 2006 W EDGEWOOD DR 2012 W EDGEWOOD DR 2018 W EDGEWOOD DR 2028 W EDGEWOOD DR 2034 W EDGEWOOD DR 2040 W EDGEWOOD DR 2046 W EDGEWOOD DR 2000 W. Edgewood Dr. 1040 N Laurel Ave. 2045 W Edgewood Dr. MAYO, TOMMIE WADE & CORRA W TR PRICE, CARL L & MARILYN A GAMBETTI, STANLEY M & MARIE C KEEN, GERALD L & CAROL L SNYDER, LAWRENCE R & LESLIE A CRADDOCK, DAVID & C VILINSKAS, MARK & TONI RALSTON, JOHN V & M M GOEHRING, LEVI & MAVIS B KIKUCHI, STEVEN J MURPHY, JOHN J & SUSAN L TR BYRD, BILLY & MARIA LENZI, DEBORAH GAIL Alegre, Frank C. Sr. & Helen C T Phillips, Donna J Defenbaugh, Rex & Joyce M Tr. Pubhec�C�rn�ilb-F �IdVtewood1W- dLoc. http://iii,,ipgLiide.lodi.gov/reports/APNinquiryjcsult.cfi-n 1/17/01 cyOF, 0 DECLARATION OF MAILING RESOLUTION OF THE LODI CITY COUNCIL AND PUBLIC HEARING NOTICE DECLARING THE INTENTION TO VACATE THE 6 -FOOT PUBLIC UTILITY EASEMENT ALONG THE NORTH LINE OF LOT 189 LAKEWOOD SUBDIVISION UNIT No. 4 On January 24, 2001 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 copy of the Notice attached hereto, 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. I declare under penalty of perjury that the foregoing is true and correct. Executed on January 24, 2001, at Lodi, California. ORDERED BY: JACQUELINE L. TAYLOR DEPUTY CITY CLERK decmail/forms ORDERED BY: SUSAN BLACKSTON CITY CLERK, CITY OF LODI �OFONC L E I R. V. -M- A �r!�Af f. ,PERRIN VACATION MAILING LIST PG&E 12 W. Pine Street Lodi, CA 95240 AT&T 6343 Tam O'Shanter Drive Stockton, CA 95210 Pacific Bell 44 W. Yokuts Avenue Stockton, CA 95207 Central Valley Waste Services P.O. Box 241001 Lodi, CA 95241-9501 `r. CITY COUNCIL ALAN S. NAKANISHI, Mayor PHILLIP A. PENNINO Mayor Pro Tempore SUSAN HITCHCOCK EMILY HOWARD KEITH LAND 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 February 23, 2001 H. DIXON FLYNN City Manager SUSAN BLACKSTON City Clerk RANDALL A. HAYS City Attorney VACATION: 6 -FOOT PUBLIC UTILITY EASEMENT ALONG THE NORTH LINE OF LOT 189, LAKEWOOD SUBDIVISION, UNIT NO. 4 This is to inform you that the City Council at its regular meeting on February 21, 2001 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. Bllston City Clerk SJB/jjmp Enclosure cc: Public Works Director vacation; misc/lres.doc When Recorded, Please Return to: Lodi City Clerk P.O. Box 3006 Lodi, CA 95-'41-1910 RESOLUTION NO. 2001-44 A RESOLUTION OF THE LODI CITY COUNCIL VACATING A 6 -FOOT PUBLIC UTILITY EASEMENT ALONG THE NORTH LINE OF LOT 189, LAKEWOOD SUBIDIVISION, UNIT NO. 4 WHEREAS, on October 13, 1976, a public utility easement dedicated along the north line of Lot 189 as shown on "Lakewood" Subdivision, Unit No. 4, Lodi, California was reduced to a 6 -foot public utility easement and is more particularly described as follows and delineated on the attached map marked Exhibit A: The North 6 -feet of Lot 189 of "Lakewood", Unit No. 4, as filed for record on July, 26, 1967, in Book of Maps and Plats, Volume 18, at Page 5, San Joaquin County Records. SAVE AND EXCEPT the West 6 -feet and East 5 -feet of said Lot 189. WHEREAS, the owner of Lot 189 have requested that the City of Lodi abandon such easements; and WHEREAS, such easements have been superseded by relocation and there are no other public facilities located within the easement; and WHEREAS, the Streets and Highways Code of the State of California, 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 Lot 189 of Lakewood Subdivision, Unit No. 4 as it appeared at the time and in the document creating the interest, right or encumbrance is as follows: OWNERS: Leland J. Halev and Trudv L. Ha 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 6 -foot public utility easement located along the North property line on Lot 189, Lakewood Subdivision, Unit No. 4, SAVE AND EXCEPT the West 6 -feet and East 5 -feet of said Lot 189.be vacated; and That from and after the date this resolution is recorded, such easements will no longer constitute a public service easement. Dated: February 21, 2001 I hereby certify that Resolution No. 2001-44 was passed and adopted by the City Council of the City of Lodi in a regular meeting held February 21, 2001 by the following vote: AYES: COUNCIL MEMBERS — Hitchcock, Howard, Land, Pennino and Mayor Nakanishi NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None SUSAN J. BLACKSTON The foregoing document is certified to be a correct City Clerk copy of the original on file in the City Clerk's Office. Jennifer M. Perrin Deputy City Clerk, City of Lodi By: Dated: 2001-44 CITY OF LODI EXHIBIT A PUBLIC UTILITY EASEMENT PUBLIC WORKS DEPARiLN . ABANDONMEN T SAVE AND EXCEPT the Wes.' o—ft cnc the East 5—ft of Lo; 189. Proposed abcndonm"nt of the Norih 0–ft of Lot 1'889 i 0o 3 i e 006 a I •90 � \ 2�;� � Zoe\ � 227 I ,9 \ � ��6• C.� 240 � �'- 2°s 1 z4� l /9Z 204 I I L O DETAIL a� Cy lC.� lKi l e� �, —•—. _ - . Cit ---,--1 r�,—� VICINITY MAP N. T.S. DECLARATION OF MAILING RESOLUTION VACATING THE 6 -FOOT PUBLIC UTILITY EASEMENT ALONG THE NORTH LINE OF LOT 189, LAKEWOOD SUBDIVISION, UNIT No. 4 On February 27, 2001 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 copy of the Notice attached hereto, 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. I declare under penalty of perjury that the foregoing is true and correct. Executed on February 27, 2001, at Lodi, California. ORDERED BY: JACQUELINE L. TAYLOR DEPUTY CITY CLERK decmaiUfonns ORDERED BY: SUSAN BLACKSTON CITY CLERK, CITY OF LODI 1 /JVNNIFER . PERRIN EPUTY CPrY CLERK VACATION MAILING LIST PG&E 12 W. Pine Street Lodi, CA 95240 AT&T 6343 Tam O'Shanter Drive Stockton, CA 95210 Pacific Bell 44 W. Yokuts Avenue Stockton, CA 95207 Central Valley Waste Services P.O. Box 241001 Lodi, CA 95241-9501 Tommie Wade & Corra W.Mayo Carl L. & Marilyn A. Price Stanley M. & Marie C. Gambetti 1046 N. Laurel Avenue 2007 W. Edgewood Drive 2029 W. Edgewood Drive Lodi, CA 95240 Lodi, CA 95240• Lodi, CA 95240 Gerald L. & Carol L. Keen 2019 W. Edgewood Drive Lodi, CA 95240 Mark & Toni Vilinskas 2006 W. Edgewood Drive Lodi, CA 95240 Steven J. Kikuchi 2028 W. Edgewood Drive Lodi, CA 95240 Deborah Gail Lenzi 2046 W. Edgewood Drive Lodi, CA 95240 Rex & Joyce M. Defenbaugh 2045 W. Edgewood Drive Lodi, CA 95240 Lawrence R. & Leslie A. Snyder 1162 N. Junewood Drive Lodi, CA 95240 John V. & M M Ralston 2012 W. Edgewood Drive Lodi, CA 95240 John J. & Susan L Murphy 2034 W. Edgewood Drive Lodi, CA 95240 Frank C. & Helen Alegre 2000 W. Edgewood Drive Lodi, CA 95240 David & C. Craddock 2039 W. Edgewood Drive Lodi, CA 95240 Levi & Mavis B. Goehring 2018 W. Edgewood Drive Lodi, CA 95240 Billy & Maria Byrd 2040 W. Edgewood Drive Lodi, CA 95240 Donna J. Phillips 1040 N. Laurel Avenue Lodi, CA 95240