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Home My WebLink AboutAgenda Report - July 3, 2002 E-09CITY OF • 1I COUNCIL COMMUNICATION O`<1FORa` AGENDA TITLE: Adopt Resolution Vacating the Public Utility Easement at 333 South Lower Sacramento Road MEETING DATE: July 3, 2002 PREPARED BY: Public Works Director RECOMMENDED ACTION: That the City Council adopt a resolution vacating the public utility easement at 333 South Lower Sacramento Road (Raley's Shopping Center). BACKGROUND INFORMATION: The property owners, Kristmont West, have requested the City abandon the east -west 10 -foot public utility easement as shown on attached Exhibit A. This easement was dedicated on the Parcel Map recorded on December 5, 1979, and has never been used. Under Section 8333 of the Streets and Highways Code (copy attached), a local agency may summarily vacate an easement if "the easement has been superceded by relocation and there are not other public facilities located within the easement." Therefore, the Public Works Department recommends that the request to abandon this easement be granted without Planning Commission referral or the normal posting, publishing, and public hearing. Pacific Bell, Pacific Gas & Electric, AT&T Broadband, the City of Lodi Electric Utility Department, and Street and Water/Wastewater divisions have approved the abandonment of the 10 -foot public utility easement abandonment without comment. FUNDING: Not applicable. ! r Richard C. Prima, J . Public Works Director Prepared by Jeannie Matsumoto, Senior Engineering Technician RCP/JHM/lm Attachments cc: Randy Hays, City Attorney Rad Bartlam, Community Development Director Street Superintendent Water/Wastewater Superintendent Kristmont West �A APPROVED: / H: Dixoih Flynn -- City Manager CPUE333SLWRSACTORD 06/19/02 J CITY OF LODIPUBUC WORKS DEPARTMENT e W 1001 - I I1 311 Q rll 0 p °II \ I zLU a icer r I t n oC .4 EI `t v 1 1 � °� I • Ki f/i cc W te c I at LU so G cc ° 1 M of a I 2 CC W a II ° •,�: O N ° m I 03NOONVBV 38 01 3nd 13 OL j � I� cc W J Law Revision Commission Comments 1980 Addition Section 8.331 continues a provision formerly found in tion 8.331 may be designated a stock trail instead of being Section 954 that related to abandonment of unnecessary vacated. See Section 954. (15 Cid.L.Rev.Comm. Report% county highways and broadens the provision to include 1137 (1980)) city streets. A county highway that is described in Sec- IIistorical and Statutory Notes 1950 Legislation. Derivation: Gov.C. former § 50443, added by Stats. Former § 8331 was repealed by Stat%.1980, c. 1050, p. c. 81, p. 266, § 1. 3366, § 28. See, now, § 8:341. Sttts.1943, c. 774. p. 2555. §§ 45, 46. Library References Legal Jurisprudences Cal Jur 3d llighw & St § 93. § 8332. Agreement with department The legislative body of a local agency may summarily vacate it street or hirliway pursuant to an agreement entered into with the department pursuant to Section 100.2 to close the street or highway at or near the point of its intersection «illi a strde freeway. (Added by Stats.1980, c. 1050, p. 3366, § 29.) Law Revision Commission Comments 1930 Addition Section 87:32 supersedes subdivision 4h0 of former Sec- closure of a street or highway without vacation pursuant Lion 10023 (city sheets and county highways) and makes to Sections 100.2, 941.2, and 1801. See Section 8311 and clear that the action of the local agency is to be Liken Comment thereto. [ta Cal.L.ltev.Conun. Reports 1137 pursuant to this part. Nothing in this section precludes (1980)) IIistorical and Statutory Notes 1930 Legislation. meat of an easement reserved from the vacation of a Fenner § 8332, added by State.1978, c. 52G, p. 1685, street by adoption of an ordinance or resolution, was § 2, which authorized summary vacation and abandon- repealed by Stats -1980, c. 1050, p. 3362, § 28. § 8333. Public service easement; vacation The legislative body of a local agency may summarily vacate a public service easement in any of the following cases: (a) The easement has not been used for the purpose for which it was dedicated or acquired for rive consecutive years immediately preceding the proposed vacation. (b) The date of dedication or acquisition is less than five years, and more than one year, immediately preceding the proposed vacation, and the easement was not used continuously since that date. (c) The easement has been superseded by relocation and there are no other public facilities located_ within the easement. (Added by Stats.1980, c. 1050, p. 3366, § 29. Amended by Stats.1983, c. 52, § 2.) Additions. or changes Indicated by underline; deletions by asterisks * • 104 STREETS AND HIGHWAYS CODE § 8335 Law Revision Commission Comments 1980 Addition Section 8333 continues the substance of the first para- service easements). [15 Cal.L.Rev.Comm. Reports 1137 graph of former Government Code Section 50443 (public (1980)) IIistorical and Statutory Notes Derivation: Gov.C. former § 50443, added by Stats. 1949, c. 81, p. 266, § 1. Stats.1943, c. 774, p. 25.56, §§ 45, 46. § 8334. Excess right-of-way; dead end in property of single owner The legislative body of a local agency may summarily vacate any of the following: (a) An excess tight -of -way of a street or highway not required for street or highway purposes. (b) A portion of a street or highway that lies within property under one ownership and that does not continue through such ownership or end touching property of another. (Added by Stats.1980, c. 1050, p. 3366, § 29,) Law Revision Commission Comments j 1980 Addition Section 8334 continues the substance of subdivisions (b) broadens them to include city streets, making clarifying and (c) of former Section 9G0.1 (county highways) and changes. 116 Cal.L.Rev.Comm. Iteporta 1137 (1980)] Iiistorical and Statutory Notes Derivation: Gov.C. former § 50443, added by Stats. 1949, c. 81, p. 266, § 1. Stats.1943, c. 774, p. 2666, §§ 45, 46. § 8334.5. Public utility facilities; effect Notwithstanding any other provision of this article, a street, highway, or public service easement may not be summarily vacated if there are in-place public utility facilities that are in use and would be affected by the vacation. (Added by Stats.1980, c. 1050, p. 3367, § 29.) Legislative Committee Comment—Assembly 1980 Addition Section 8334.5 is new. If public utility facilities are in Vacation of a public street, highway, or service easement place, a public street, highway, or service easement may does not affect any private easement or other right ac - only be vacated pursuant to the standard procedures quired by a public utility, for its facilities. See Section prescribed in Chapter 3 (commencing with Section 8320). 8352. [15 Cal.L.Rev.Comm. Reports 1137 (1980)] Article 2 PROCEDURE Section 8336. Resolution; adoption; contents. 8336. Recordation of resolution; effect. Article 2 tuas added by Stats.1980, c. 1050, p. 3367, § 29. 4 8335. Resolution; adoption; contents (a) The legislative body may vacate a street, highway, or public service easement pursuant to the authority provided in this chapter by adopting a resolution of vacation. When Recorded, Please Return to: Lodi City Clerk P.O. Box 3006 Lodi, CA 95241-1910 RESOLUTION NO. 2002-146 A RESOLUTION OF THE LODI CITY COUNCIL VACATING A 10 -FOOT PUBLIC UTILITY EASEMENT LOCATED AT 333 SOUTH LOWER SACRAMENTO ROAD (RALEY'S SHOPPING CENTER) ------------------------------------------------------------------- ------------------------------------------------------------------- WHEREAS, on December 5, 1979, a 10 -foot public utility easement was dedicated at 333 South Lower Sacramento Road, Lodi, California and is more particularly described as follows and delineated on the attached map marked Exhibit A: 10 -Foot Public Utility Easement located at the Raley's Shopping Center, 333 S. Lower Sacramento Road. Filed for record on December 5, 1979 in Parcel Map Book 8, Page 121, San Joaquin County Records. WHEREAS, the property owners, Kristmont West, Inc., have requested that the City of Lodi abandon the east -west 10 -foot public utility easement; and WHEREAS, said easement has never been utilized, 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 333 South Lower Sacramento Road as it appeared at the time and in the document creating the interest, right, or encumbrance is as follows: OWNERS: Kristmont West, Inc. 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 10 -foot public utility easement located at 333 South Lower Sacramento 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 3, 2002 ---------------- ---------------- hereby certify that Resolution No. 2002-146 was passed and adopted by the City Council of the City of Lodi in an adjourned regular meeting held July 3, 2002 by the following vote: AYES: COUNCIL MEMBERS - Hitchcock, Land, and Mayor Pennino NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - Howard and Nakanishi ABSTAIN: COUNCIL MEMBERS - None SUSAN J. BLACKSTON City Clerk 2002-146 11 �TTYY (OF LODIpUBUC WORKS DEPARTMENT j EXHIBIT 'A 3f1N31Cd__1 �' — ' - ----- 100 -=�c:�—�nM7er-loo�- a y 11 �l � w ll II SII " all IO wll _ J u W f 4 II S s ¢ m F. � u� '• til can .. ;8 6 j ¢ I 2 � LU s0 r 1 4 (n r I K •.I I I \� Z I cC o O 03NOON` EIV 39 Ol 3nd 1d-01 =�1 � es, 0 O a I s �yOF� � � 00 U DECLARATION OF MAILING RESOLUTION VACATING A 10 -FOOT PUBLIC UTILITY EASEMENT LOCATED AT 333 SOUTH LOWER SACRAMENTO ROAD (RALEY'S SHOPPING CENTER) On July 5, 2002 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 resolution vacating a 10 -foot public utility easement located at 333 South Lower Sacramento Road (Raley's Shopping Center), 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. declare under penalty of perjury that the foregoing is true and correct. Executed on July 5, 2002, at Lodi, California. ORDERED BY: JACQUELINE L. TAYLOR DEPUTY CITY CLERK decmaiUforms ORDERED BY: SUSAN BLACKSTON CITY CLERK, CITY OF LODI 7JLIt_ .R"I'll � F._ .�n - - - CITY COUNCIL PHILLIP A. PENNINO, Mayor SUSAN HITCHCOCK Mayor Pro Tempore EMILY HOWARD KEITH LAND ALAN S. NAKANISHI 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 cityclrk@lodi.gov July 5, 2002 H. DIXON FLYNN City Manager SUSAN BLACKSTON City Clerk RANDALL A. HAYS City Attorney EXHIBIT A VACATION: TO VACATE A 10 -FOOT PUBLIC UTILITY EASEMENT LOCATED AT 333 S. LOWER SACRAMENTO ROAD (RALEY'S SHOPPING CENTER) This is to inform you that the City Council at its regular meeting on July 3, 2002, 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 SJBlmp Enclosure cc: Public Works Director vacation/corresp/] Res V acation. doc When Recorded, Please Return to: Lodi City Clerk P.O. Box 3006 Lodi, CA 95241-1910 RESOLUTION NO. 2002-146 A RESOLUTION OF THE LODI CITY COUNCIL VACATING A 10 -FOOT PUBLIC UTILITY EASEMENT LOCATED AT 333 SOUTH LOWER SACRAMENTO ROAD (RALEY'S SHOPPING CENTER) IEXHKIBIT:Aj WHEREAS, on December 5, 1979, a 10 -foot public utility easement was dedicated at 333 South Lower Sacramento Road, Lodi, California and is more particularly described as follows and delineated on the attached map marked Exhibit A: 10 -Foot Public Utility Easement located at the Raley's Shopping Center, 333 S. Lower Sacramento Road. Filed for record on December 5, 1979 in Parcel Map Book 8, Page 121, San Joaquin County Records. WHEREAS, the property owners, Kristmont West, Inc., have requested that the City of Lodi abandon the east -west 10 -foot public utility easement; and WHEREAS, said easement has never been utilized, 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 333 South Lower Sacramento Road as it appeared at the time and in the document creating the interest, right, or encumbrance is as follows: OWNERS: Kristmont West, Inc. 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 10 -foot public utility easement located at 333 South Lower Sacramento 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 3, 2002 hereby certify that Resolution No. 2002-146 was passed and adopted by the City Council of the City of Lodi in an adjourned regular meeting held July 3, 2002 by the following vote: AYES: COUNCIL MEMBERS - Hitchcock, Land, and Mayor Pennino NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - Howard and Nakanishi ABSTAIN: COUNCIL MEMBERS - None SUSAN J. BLACKSTON City Clerk 2002-146 "t.:sem-- /•s / . 6~—.- N, IF"# 04., ------- ----------------------------------- R. /q. 8-/Z/ 5✓. ri. A. REMAINING PARCEL "E " 333 S. LOWER SACRAMENTO RD. SEC_9 SEC 10 As T301 t W 7 Z W Q PARCEL NA" x4, ...�.. t.s. i 0.4 39 At. Y Z ♦ ., p `s1 WOODBRIDGE IRRIGATION DISTRICT CANAL SACRAMENTO- J ROAD - I u f J VACATION / ABANDONMENT EXHIBIT B MAILING LIST RESOLUTION OF INTENTION(Setting 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 conies 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 vacationlmisc/maihst.doc CITY COUNCIL PHILLIP A. PENNINO, Mayor SUSAN HITCHCOCK Mayor Pro Tempore EMILY HOWARD KEITH LAND ALAN S. NAKANISHI Kristmont West P. O. Box 6 Fair Oaks, CA 95628 CITY OF LODI PUBLIC WORKS DEPARTMENT CITY HALL, 221 WEST PINE STREET P.O. BOX 3006 LODI, CALIFORNIA 95241-1910 (209)333-6706 FAX (209) 333-6710 EMAIL pwdept@lodi.gov http:llwww.lodi.gov June 27, 2002 H. DIXON FLYNN City Manager SUSAN J. BLACKSTON City Clerk RANDALL A. HAYS City Attorney RICHARD C. PRIMA, JR. Public Works Director SUBJECT: Adopt Resolution Vacating the Public Utility Easement at 333 South Lower Sacramento Road Enclosed is a copy of background information on an item on the City Council agenda of Wednesday, July 3, 2002. The meeting will be held at 8 p.m. in the City Council Chamber, Carnegie Forum, 305 West Pine Street. This item is on the consent calendar and is usually not discussed unless a Council Member requests discussion. The public is given an opportunity to address items on the consent calendar at the appropriate time. If you wish to write to the City Council, please address your letter to City Council, City of Lodi, P. O. Box 3006, Lodi, California, 95241-1910. Be sure to allow time for the mail. Or, you may hand -deliver the letter to City Hall, 221 West Pine Street. If you wish to address the Council at the Council Meeting, be sure to fill out a speaker's card (available at the Carnegie Forum immediately prior to the start of the meeting) and give it to the City Clerk. If you have any questions about communicating with the Council, please contact Susan Blackston, City Clerk, at (209) 333-6702. If you have any questions about the item itself, please call Jeannie Matsumoto, Senior Engineering Technician, at (209) 333-6800, ext. 2661. Ichard C. Prima, Jr. Public Works Director RCP/lm Enclosure cc: City Clerk NCPUE3333LWRSACTORD