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Home My WebLink AboutAgenda Report - July 18, 2001 E-18AGENDA TITLE: Adopt a Resolution Vacating the Public Utility Easement at 801 Black Diamond Way and 520 North Beckman Road MEETING DATE: July 18, 2001 PREPARED BY: Public Works Director RECOMMENDED ACTION: That the City Council adopt a resolution vacating the public utility easement at 801 Black Diamond Way and 520 North Beckman Road. BACKGROUND INFORMATION: The owners of Lots 1, 2, and 3 of Industrial Lite Subdivision have requested that the City abandon the 5 -foot easement along the east lines of Lot 1 and 2, as shown on the attached map. This easement was dedicated to provide Lot 1 electrical power service from Black Diamond Way at the time of development. The property owner has submitted building plans and Lots 1, 2, and 3 have been approved for a lot merger into one single lot. To provide Lot 1 an extension for electrical service is no longer a necessity. Under Section 8333 of the Street 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dedicated or acquired for five consecutive years immediately preceding the proposed vacation and the easement has been superceded by relocation and there are no other public facilities located within the easement." The proposed easement to be abandoned has never been used since its dedication by subdivision map recorded on December 3, 1979. Pacific Bell, Pacific Gas & Electric, City of Lodi Electric Utility, and AT&T Broadband have been notified of the proposed abandonment and have declared acceptance of the abandonment. Staff therefore recommends that the request to abandon this 5 -foot easement be granted without Planning Commission referral or the normal posting, publishing, and public hearing. FUNDING: Not applicable. 1 Richard C. Prima, Public Works Director Prepared by Jeannie Matsumoto, Senior Engineering Technician — Development Services RCP/JM/pmf Attachment cc: City Attorney City Engineer Senior Civil Engineer Welch Harry Aldrich Dillon & Murphy Consulting Engineers APPROVED: Dixon F ynn -- City Manager C801 BlackDiamond520NBeckman 07/02/01 y OFL OF LODI PUBUC WORKS DEPARIWfEW /FOR "INDUSTRIAL LITE" SUBDIVISION, Lots 1, 2 & 3 0 0 ti 3 4 o . ao7 DIAMOND WY. �Y 48 47 VICINITY MAP N.T.S. When Recorded, Please Return to: Lodi City Clerk P.O. Box 3006 Lodi, CA 95241-1910 RESOLUTION NO. 2001-172 A RESOLUTION OF THE LODI CITY COUNCIL VACATING A PUBLIC UTILITY EASEMENT AT 801 BLACK DIAMOND WAY AND 520 NORTH BECKMAN ROAD WHEREAS, on December 3, 1979, there was dedicated a 5 -foot easement for public utilities located along the east lines of Lot 1 and 2 at 801 Black Diamond Way and 520 North Beckman Road, Lodi, California, more particularly described as follows and delineated on the attached map marked Exhibit A: The 5 -foot easement located along the east lines of Lot 1 and 2 at 801 Black Diamond Way and 520 North Beckman Road, as filed for record in Volume 25 of Maps and Plats, Page 24, San Joaquin County Records. WHEREAS, the owners of Lots 1, 2, and 3 of Industrial Lite Subdivision have requested that the City of Lodi abandon the 5 -foot easement; and WHEREAS, this easement has never been used since its dedication by subdivision map recorded on December 3, 1979; and WHEREAS, the Streets and Highways Code of the State of California, Section 8333 provides that the legislative body of a local agency may summarily vacate a public service 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 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 Lots 1, 2 at 801 Black Diamond Way and 520 North Beckman Road as it appeared at the time and in the document creating the interest, right or encumbrance is as follows: Former Owners Names: Ben W. Schaffer, Geraldine B. Schaffer, Bozant Katzakian, Lorraine Katzakian, Frank V. Johnson, Elizabeth D. Johnson, John E. Donovan, M. Joanne Donovan, James F. Culbertson, Patricia R. Culbertson 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 public utility easement located on Lots 1 and 2, located at 801 Black Diamond Way and 520 North Beckman Road, be vacated; and That from and after the date this resolution is recorded, such easement will no longer constitute a public service easement. Dated: July 18, 2001 -------------------------------------------------------------------- -------------------------------------------------------------------- I hereby certify that Resolution No. 2001-172 was passed and adopted by the City Council of the City of Lodi in a regular meeting held July 18, 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 2001-172 CITY OF LODI EXHIBIT A [L76 PUBLIC WORKS DEPARTMENT "INDUSTRIAL LITE" SUBDIVISION, Lots 1, 2 & 3 o � 3 LL 2 $�,GK DIAMOND WY. 48 47 ILL II • II II II VICINITY MAP V� O �� 9� �FOa� DECLARATION OF MAILING RESOLUTION VACATING A PUBLIC UTILITY EASEMENT AT 801 BLACK DIAMOND WAY AND 520 N. BECKMAN ROAD On July 19, 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 July 19, 2001, at Lodi, California. ORDERED BY: JACQUELINE L. TAYLOR DEPUTY CITY CLERK decmail/forms ORDERED BY: SUSAN BLACKSTON CITY CLERK, CITY OF LODI N1FE . P RRIN ME-PUTY CITY CLERK CITY COUNCIL ALAN S. NAKANISHI, Mayor PHILLIP A. PENNING 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 LOD1, CALIFORNIA 95241-1910 (209) 333-6702 FAX (209) 333-6807 July 19, 2001 H. DIXON FLYNN City Manager SUSAN BLACKSTON City Clerk RANDALL A. HAYS City Attorney EEXH11_B1T Al VACATION: TO VACATE A PUBLIC UTILITY EASEMENT AT 801 BLACK DIAMOND WAY AND 520 NORTH BECKMAN ROAD This is to inform you that the City Council at its regular meeting on July 18, 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. Blackston City Clerk SJBfjmP Enclosure cc: Public Works Director vacation/corresp/1Res Vacation.doc When Recorded, Please Return to: Lodi City Clerk P.O. Box 3006 Lodi, CA 95241-1910 RESOLUTION NO. 2001-172 A RESOLUTION OF THE LODI CITY COUNCIL VACATING A PUBLIC UTILITY EASEMENT AT 801 BLACK DIAMOND WAY AND 520 NORTH BECKMAN ROAD ------------------------------------------------------------------- ------------------------------------------------------------------- WHEREAS, on December 3, 1979, there was dedicated a 5 -foot easement for public utilities located along the east lines of Lot 1 and 2 at 801 Black Diamond Way and 520 North Beckman Road, Lodi, California, more particularly described as follows and delineated on the attached map marked Exhibit A: The 5 -foot easement located along the east fines of Lot 1 and 2 at 801 Black Diamond Way and 520 North Beckman Road, as filed for record in Volume 25 of Maps and Plats, Page 24, San Joaquin County Records. WHEREAS, the owners of Lots 1, 2, and 3 of Industrial Lite Subdivision have requested that the City of Lodi abandon the 5 -foot easement; and WHEREAS, this easement has never been used since its dedication by subdivision map recorded on December 3, 1979; and WHEREAS, the Streets and Highways Code of the State of California, Section 8333 provides that the legislative body of a local agency may summarily vacate a public service 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 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 Lots 1, 2 at 801 Black Diamond Way and 520 North Beckman Road as it appeared at the time and in the document creating the interest, right or encumbrance is as follows: Former Owners Names: Ben W. Schaffer, Geraldine B. Schaffer, Bozant Katzakian, Lorraine Katzakian, Frank V. Johnson, Elizabeth D. Johnson, John E. Donovan, M. Joanne Donovan, James F. Culbertson, Patricia R. Culbertson 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 public utility easement located on Lots 1 and 2, located at 801 Black Diamond Way and 520 North Beckman Road, be vacated; and That from and after the date this resolution is recorded, such easement will no longer constitute a public service easement. Dated: July 18, 2001 I hereby certify that Resolution No. 2001-172 was passed and adopted by the City Council of the City of Lodi in a regular meeting held July 18, 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 2001-172 CITY F LODI EXHIBIT A U c;+ • PUBLIC WORKS DEPARTNENT "INDUSTRIAL LITE" SUBDIVISION, Lots 1. 2 & 3 ° � 1 �0 \ / Z �2tj A. 807 DIAMOND ANY. SOK 0 48 47 III ` II I IVIII I VICINITY MAP N.T.S. VACATION / ABANDONMENT 1EXHIBIT BI MAILING LIST RESOLUTION OF INTENTION (Settin Public Hearing) Certified copy w/cover letter to: 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 Chief Deputy County Surveyor Attn: Joe Bussalacci 1810 E. Hazelton Avenue Stockton, CA 95205 Certified copies to: Jeannie Matsumoto, Public Works Wes Fujitani, Public Works Community Development Department Police Department Fire Department 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 CO U J m Q D O Cl) CU 0 �( cu c EXHIBIT BI