HomeMy WebLinkAboutAgenda Report - June 1, 1994 (47)o< i
CITY OF LODE
COUNCIL COMMUNICATION
AGENDA TITLE:.. - Vacate Public Utility Easement at 2309 West Kettleman Lane
MEETING DATE: June 1, 1994
PREPARED BY. Public Works Director
RECOMMENDED ACTION: That the City Council adopt the attached resolution vacating the public
utility easement at 2309 West Kettleman Lane, a portion of Parcel 5 as
shown on Book 18, Parcel Maps, Page 168, San Joaquin County
Records.
BACKGROUND INFORMATION: Phillippi Engineering, on behalf of BDC Lodi Plaza, L.P., the
Property owners, has requested the City to abandon the public
utility easement shown on the attached map to allow revisions to
proposed building plans. The 10 -foot easement contains installed
utilities never activated into service. The property owner will relocate these utilities, at their expense, in
conjunction with the building construction. The dedication of another public utility easement to
accommodate the required services within Parcel 5 is being processed. The new easement is
relocated to the north of the proposed abandonment.
Under the Streets and Highways Code, the legislative body of a local agency may summarily vacate an
easement by adopting a resolution of vacation under specific cases. One of those is that "the
easement has been superseded by relocation and there are no other public facilities located within the
easement" (Streets and Highways Code, §8333(cp. This procedure does not require Planning
Commission referral.
The owners have paid the required fees to process this abandonment. Pacific Bell, PG&E,
King Videocable Company, and City utilities have been notified of this proposed abandonment and their
approval has been secured.
To expedite the permit processing for this developer, this Department, therefore, recommends that the
request to summarily abandon this easement be grant
FUNDING: Not applicable.
Jack L Ronsko
ublic orks Director
Prepared by Jeannie Matsumoto, Senior Engineering Technician
JLR/JMArn
Attachments
cc: City Attorney
APPROVED~i
THOMAS A. PETERSON *cycled Pape,
City Manager
CC -1
C230WVKI.DOC 0514/94
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RESOLUTION 110. 94-60
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A RESOLUTION Or THS LIMI CITY COUNCIL
VACATING PUBLIC UTILITY SASElOW AT -2303 WM, K97TLMOR LANE
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WHEREAS, on January 8. 1993, there was dedicated as easement for
public utilities located at 2309 West Kettleman Lane, Lodi, more
particularly described as follows and delineated on the attached map:
WHEREAS, the owners of 2309 West Kettleman Lane have requested
that the City of Lodi abandon such 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 JL-LZ1S
easement has been superseded by relocation and there are no other
Qublic facilities located within the easement; and
WHEREAS, pursuant to the requirements of Government Code Section
27288.1, the name of the owner of the title or interest 2309 West
Kettleman Lane as it appeared at the time and in the document creating
the interest, right or encumbrance is as follows:
BDC Lodi Plaza, Limited Partnership (L.P.)
Browman Development Company, Inc., General Partner
Darryl Bowman, President
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 at 2309 West Kettleman
LM be vacated; and
That from and after the date this resolution is recorded, such
easement will no longer constitute a public service easement.
Dated: June 1, 1994
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` I hereby certify that Resolution No. 94-60 was passed and adopted
by the Lodi City council - in a regular meeting hold June 1, 1994 by the
following vote:
Ayes: Council Members - Davenport, Mum, Pennino, Snider
and Sieglock (Mayor)
Yves: Council umbers - Mane
Absent: Council Members - base
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ennif M. Ps �in
City C rk
94-60