HomeMy WebLinkAboutAgenda Report - November 17, 1993 (78)cT+ te9.
CITY OF. LODI COUNCIL COMMUNICATION
AGENDA TITLE: Aesolution/Order to Vacate the Alley North of East Lodi Avenue, from
Cherokee Lane to 280 Feet West of Cherokee Lane
MEETING DATE: November 17, 1993
PREPARED BY: Public Works Director
RECOMMENDED ACTION: That the City Council, after hearing comments and input from both Arno
and the 211 Club, take the appropriate action with respect to the
abandoi iment of this alley.
BACKGROUND INFORMATION: The City Council, at its meeting of October 20, 1993, closed the
public hearing on this item. However, thF City Council indicated to
the representatives of Arco and the 211 Club that they should come
to some type of crossover agreement since it was the Council's
intent to abandon all of the alley as recommended.
Enclosed for information is a copy of the October 2U, 1993 Council Communication on this subject.
This Council Communication referred to a letter from the owners of 519, 527 and 533 East Lodi Avenue
which indicated they were not in favor of the alley abandonment. It should be noted that, at the public
hearing on Octobor 20, these owners went on record that they did not have an objection to the
proposed abandonment.
As of the writing of this Council Communication, the Arco representative t:as still not received an
answer to their title search request on the alley between Arco and the 211 C;Nib.
FUNDING: Not applicable.
Jack Ronsko
orks Director
JLR/Im
Attachment
cc: City Attorney
Affected property owners
A I
APPROVED.
THOMAS A. PETERSON racy paper
City Manager J
w•�
VACATE t &AOC 11/0"3
1 CITY OF LODI COUNCIL COMMUNICATION
AGENDA TITLE: Public 14:,aring to Consider Resolution/Order to Vacate the Alley North of
East Lodi Avenue, from Cherokee Lane to 280 Feet West of Cherokee Lane
MEETING DATE: October20, 1993
PREPARED BY: Public Works Directc.
RECOMMENDED ACTION: That the City Council, after hearing input from property owners, take the
appropriate action on this proposed abandonment.
BACKGROUND INFORMATION: The City Council, at its last meeting of October 6, 1993, rescheduled
this i ublic hearing in order that the property owners could be notified
of a -'re exact date the Planning Commission would be hearing the
matter. This public hearing was rescheduled to October 20, 1993,
under the attached Council Communication. The notice, attached as Exhibit A, was mailed to all
adjacent property owners and hand -delivered to all occupants.
The Planning Commission heard this item at their meeting of October 11, 1993. There were only
two parties who spoke in opposition to the abandonment and they both represented the 211 Club
which owns parcels 22, 24 and 25 as shown on Exhibit B. Their concern with the abandonment
involved the two-way alley entrance/exit which is used by both the 211 Club and the adjacent Arco
AWPM Mini Mart.
The City Clerk received a letter from the owners of 519, 527 and 533 East Lodi Avenue indicating they
are opposed to the alley vacation. A copy of this letter is attached as Exhibit C. As part of the initial
noticing of this public hearing, all parcels within 300 feet -were notified. As part of the notice, the exhibit
showing the exact alley abandonment was inadvertently omitted. These three parcels do not front the
proposed alley abandonment. The west end of the proposed abandonment abuts the north 10 feet of
the east property line of the parcel at 533 East Lodi Avenue. In contacting the owners of these
properties, we found that they are aware that alley access will continue to be available to their property
from Garfield Street but are still opposed to the proposed alley abandonment. It is their feeling that the
existing 10 -foot wide abutment to the alley east of their properties may be important to their future
development plans. They plan to attend the public hearing to share their concerns with Council.
The Planning Commission made the finding that there was no public need for the subject alley if the
following conditions were met
1. That a public utility easement be retained over the 20 -foot alley to provide for existing
utilities.
APPROVED. _ !Of
+ 1
THOMAS A. PETERSON
City Manager recycled Pepe,
VACATEIA_DOC
1
Cc -1
10+1393
Public Hearing to Consider Resuiudon/Order to Vacate the Alley North or East Lodi Avenue, from
Cherokee Lane to 280 Feet West of Cherokee Lane
October 20, 1993
Page 2 1
2. That the owner of parcels 22.24 and 25 enter into a crossover agreement with the owner
of'parcel 48 for the 120 feet of alley immediately east of Cherokee Lane common to both
owners.
If the crossover agreement could not be worked out between the two parties, it was recommended that
only the westerly 160 feet be abandoned.
At the writing of this Council Communication. Public Works staff has scheduled a meeting with Arco for
Monday, October 18, 1993, to review this matter in the field. We are hoping to bring the Council a
resolution of this matter at the rescheduled public hearing or at least have the parties involved describe
their concerns in order that the Council can take appropriate action.
FUNDING: Not applicable.
a L. Ronsko
Pub Works Director
JLR/Im
AttachmeMs
cc City Attorney
Adjacent property owners
VACATE IA.DOC f G+13W
3
CI"T"Y OF LOM COUNCIL COMMUNICATION
AGENDA TITLE: Reschedule Public Hearing to Consider Resoludon/Order to Vacate the Mey North of
East Lodi Avenue, from Cherokee Lane to 280 Feet West of Cherokee Lame, to
October 20. 1993
MEE7TNG DATE: October 6, 1993
PREPARED BY: Public Works Director
RECOMMENDED ACTION: That the City Council reschedule the.public hearing to October 20, 1993.
BACKGROUND INFORMATION: At its regular meeting of September 1, 1993, the City Cound
adopted a resolution of intention to vacate an alley north of
East Lodi Avenue, from Cherokee Lane to 280 feet west of
Qwrokee Lane. reserving. however, and excepting from the
vacation, a permanent easement and right therein to construct. maintain. repair and operate tines for
public utilities, both publicly and 9dyw iy owned, in, over, and across said aaey; and rmefemed the mater
to the Planning Commission to make the funding that there is no public need for this alley egM of way.
Pacific Bell, King Videocable, PG&E, and City of Lodi utifltie.- have all indicated the proposed
j abandonment is acceptable if it is approved on the condition that a permanent easement be reserved
as indicated above.
The we;A 160.764bot portion of this alley has never been improved (dirt) and has never been opened to
vehicular traffic In addition, the alley has been an ongoing maintenance problem for bash removal r '
weed abatement City staff initiated this alley abandonment in an effort to eliminate these ma-:. M ma, ..S
casts.
The Planning Commission was scheduled to hear anis matter at its meeting of September V. 1993.
However. due to the number of properties involved, and the fad that the posting of the property did not
specify the date the Planning Commission was going to meet and discuss oris matter, the Planning
Commission continued the dsamsion to its next meeting of October 11. 1993. We are, therefore,
notifying all of the property owners involved, by sending them a copy of this Council Communicatim
that the proposed public hearing is being rescheduled to October 20, 1993. It is requested that these
property owners provide input to the Planning Commission, c, i October 11, 1993, whether or not they
desire the extsbng alley right of way to be abandoned.
APPACVE-D: Li
THOMAS A. PF7FPSON 'w0ce o *A"
City Mtytaper
v ` —'L . 4
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Reschedule Pubssc Hearing k ., mMder RescluliontOrder to vacate th.. »,ey N*Ih of
East Lodi Avenue. fr+cm Cherokee Lane to 280 Feet West of Cherokee farts. to OC.ober 20. 1993
October S. 1593
Rage 2
in the past. the property owner r %r-i provided off► to meet the MMWrestte:tis of the law In
the rotate. in adaan to posing ft properly a leiterwf also be sent to each Pm PeM cWWinvolved.
This letter wise incilsde not anly the date of ftCauncl public hearing but also the data the P1at>rtirt9
Cc=njission wn meet to Crake the ti ugal on public treed. This it8m wm. thetas. oe brought bad. to
Me aty Council for Me mschedWed Pubk g on October 20. IM
FUNDING: Not applicable.
gki�
-L Ronsko
orks lywectar
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C17Y COUNCIL
PHILLIP A. PENNINO. ttavor
JACK A. SIE(;LOCX
Mayor Pro Tempore
RAY C. DAVENPORT
STEPHEN I. MANN
JOI:N R. (Randy) SNIDER
CITY OF LOD I
CITY HALL. 221 WEST PINE STREET
P Q. BOX 3006
LODI. CALIFORNIA 95241.1910
(204) 334-5634
FAX i Q%333-ftM
October 1. 1993
Exhibit A
THOMAS A. PETERSON
City Manager
JENNIFER M. PERRIN
�BOB McNATT City Cif
Cite Attorney
SUBJECT: Reschedule Public Hearing to Consider Resolution/Order to Vacate the Alley North
of East Lodi Avenue, from Cherokee Lane to 280 Feet West of Cherokee Lane, to
October 20, 1993
This is to inform y04 that the public hearing scheduled for October 6. 1993, related to the
above alley abandamnent, has been rescheduled to October 20, 1993. Enclosed is a Council
Communication which explains the reason for rescheduling.
This Council Communication also informs you, the property owner, that the Planning
Commission will-bo*earing this matter on October 11, 1993, to make a finding of whether Or
not there is a publie need You, as a property owner, may want to consider attending both the
Planning Commissiah Meeting and the public hearing at the City Council Meeting 'to make your
position and views known.
If you have any questions concerning this, please contact Sharon Welch or me ai
(209) 333-6706.
JIGS Ronsko
Public Works Director
&Rfim
Enclosure
cc: Occupant
City) Clerk
M/ACATE1.00C
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Exhibit B
CITY OF L O D I - ALLEY ABANDONMEINT
PUBLIC WORKS DEPARTMENT
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Exhibit C
RECEIVED
93 SEP 28 PH P 56
EllIIIEER #,I. FERRIN
CITY CLERK
CITY OF LODI
SEPTEMBER 27.1993
620 VIRGINIA AVENUE
LODI. CA. 95240
(209) 368-9180
JENNIFER M. PERRIN
CTiY CLERK
CITY OF LODI
305 WEST PINE ST.
LODI. CA. 96240
RE: PUBLIC HEARING OCTOBER S. 1983 7:00 PM.
DEAR MS. PERRIN:
WE ARE THE OWi\'ERS OF 519.527 & 533 EAST LODI AVENUE AND WE
WANT TO GO ON RECORD AS BEING OPPOSED TO THE CITIES INTENTION TO
VACATE THE ALLEY.
AT THE TIME WE PURCHASED THE PARCELS WE WERE CONSIDERING �
BUILDING APARTMENTS OR BUILDING COMMERCIALLY SOMETIME IN THE
FUTURE. W,TH THIS IN MIND THE ALLEY ACCESS BECAME ONE OF THE MAIN
REASONS FOR THE PURCHASES.
THE MORATORIUM ON APARTMENT BUILDING ON THE EAST SIDE TOOK
AWAY OUR FIRST CHOICE FOR OUR INVESTMENT. AT THE PRESENT TIME
THE VACANCY FACTOR OF COMMERCIAL BUILDINGS PUTS ON HOLD OUR
SECOND CHOICE.
WE RESPECTFULLY SUBMIT THIS LETTER FOR CONSIDERATION BY THE
CITY COUNCIL AT THE PUBLIC MEETING.
SINCERELY YOURS.
0.14 �,a--Yz-,j
DICK & JUNE NEUMAN
I
RESOLUTION NO. 93-145
A RESOLUTION/ORDER OF THE LODI CITY COUNCIL
VACATING THE ALLEY NORTH OF EAST LODI AVENUE
FROM CHEROKEE LANE TO 280 FEET WEST OF CHEROKEE LANE
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WHBRSAS, this City Council acting in accordance with provisions of Part
III of Division 9 of the Streets and Highways Code of this State, did on .the Ist day -
of September, 1993 pass and adopt a Resolution of Intention No. 93-108 therein
declaring the intention of said City Council to vacate that portion of the alley
north of East Lodi Avenue, from Cherokee Lane to 280 feet west of Cherokee Lane,
Lodi, California, County of San Joaquin, State of California, reserving, however,
and excepting from the vacation, a permanent easement and right therein to
construct, maintain, repair and operate lines for public utilities, both publicly
and privately owned, in over, and across said alley, and more particularly described
as follows, to wit:
The alley north of East Lodi Avenue, from Cherokee Lane to
280 feet west of Cherokee Lane;
WHEREAS, said notice of said intended vacation was regularly given by
publication and by posting, both in time, form and manner as required by law as is
evidenced by affidavits on file and on record in the office of the City Clerk of the
City of Lodi; and
WHEREAS, in accordance with the provisions stated herein and also
contained in the posted notices of the adoption of said resolution, notice was given
that a public hearing would be held before the City Council in the City Council
Chambers. Carnegie Forum, 305 West Pine Street, Lodi, California, beginning at 7:00
p.m. on Wednesday, October 6, 1993, where and when any person interested in or
objecting to said vacation could appear and be heard in relation thereto; and
WHEREAS, at that time and place, a public hearing was held and conducted
and testimony received for and against the vacation contemplated; and
WHEREAS, upon unanimous motion action of the City Council, the public
hearing was continued to the November 17, 1993 City Council meeting so that a
possible solution may be reached, and the Council further directed that a title
search be done on the property; and
WHEREAS, on November 17, 1993, a continued noticed public hearing was held
and conducted and testimony received for and against the vacation contemplated; and
WHEREAS, at the November 17, 1993 City Council meeting, from the evidence
submitted, the City Council of the City of Lodi did determine that said portion of
said alley is unnecessary for present or future public use and did so find and
declare; and
WHEREAS, the Planning Commission did find that the subject vacation was
consistent with the General Plan of the City of Lodi;
NOW, THEREFORE, BE IT RESOLVED, that pursuant to the findings and under
the authority of Section 8323 of the Streets and Highways Code of the State of
California, that there is hereby abandoned that portion of the alley north of East
Lodi Avenue, from Cherokee Lane to 280 feet West of Cherokee Lane, Lodi, California,
and more particularly described as follows:
The alloy located north of East Lodi Avenue, from Cherokee Lane
to 280 feet west of Cherokee Lane, as shown on Exhibit A attached hereto.
Reserving, however, and excepting from the vacation, a permanent easement
and right there-kn to construct, maintain, repair and operate lines for public
utilities, both publicly and privately owned, in over, and across said alley.
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.
Dated: November 17, 1993
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I hereby certify that the foregoing RESOLUTION/ORDER VACATING that portion
of the alley north of East Lodi Avenue, from Cherokee Lane to 280 feet west of
Cherokee Lane, Lodi, California, with the conditions stated, was passed and adopted
by the Lodi City Council in a regular meeting held November 17, 1993 by the
following vote:
Ayes: Council Members -
Noes: Council Members -
Absent: Council Members -
Jennifer M. Perrin
City Clerk
93-145
RES93145/TXTA.07A
. �._.
ALLY A
rUa!�uefruc WORKS OS c .N�ONME�T
. I
1
1
CITY COUNCIL `
PHILLIP .A VE ti.V INO `.ta,or
;.ACK A. SIECLOCK
Mavor Pro Tempore
RAY C DAVENPORT
jTEPHEN 1. MANN
IOHN R (Randvl SNIDER
SUBJECT: Resolution/Order to Vacate the Alley North of .East Lodi Avenue, from
Cherokee Lane to 280 Feet West of Cherokee Lane
Enclosed is a copy of background information on an item on the City Council agenda of
Wednesday, November 17, 1993, at 7:00 p.m. The meeting will be held in the City Council
Chamber, Carnegie Forum, 305 West Pine Street.
This item is on the regular calendar for Council discussion. You are welcome to attend.
1f 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 Hatt, 221 West Pine Street.
If you wish to address the Council at thQ Council meeting, be sure to fill out a speakers card
(available at the Carnegie Forum immediately prior to the start of the meeting) and give it to
the City Cleric. If you have any questions about communicating with the Council, please
contact Jennifer Perrin, City Clerk, at (209) 333-6702.
If you have any questions about the item itself, please call Sharon Welch or me at
(209) 333-6706.
Jack L` Ronsko
Public Works Director
JLR/lm
Enclosure !/
cc: City Clerk`s
NVACATI ®.DOC
THOMAS A PETERSON
CITY OF L O D I
(rtv .'�aanay;er
;E%viFtR :M PERR(N
Chv Clerk
CITY HALL. 221 WEST PINE STREET
POFI.WNATT
P O BOX 3006
City Attornev
LODI. CALIFORNIA 952-11-1910
('09)33.•63»
FAX Q0'11
November 10, 1993
SUBJECT: Resolution/Order to Vacate the Alley North of .East Lodi Avenue, from
Cherokee Lane to 280 Feet West of Cherokee Lane
Enclosed is a copy of background information on an item on the City Council agenda of
Wednesday, November 17, 1993, at 7:00 p.m. The meeting will be held in the City Council
Chamber, Carnegie Forum, 305 West Pine Street.
This item is on the regular calendar for Council discussion. You are welcome to attend.
1f 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 Hatt, 221 West Pine Street.
If you wish to address the Council at thQ Council meeting, be sure to fill out a speakers card
(available at the Carnegie Forum immediately prior to the start of the meeting) and give it to
the City Cleric. If you have any questions about communicating with the Council, please
contact Jennifer Perrin, City Clerk, at (209) 333-6702.
If you have any questions about the item itself, please call Sharon Welch or me at
(209) 333-6706.
Jack L` Ronsko
Public Works Director
JLR/lm
Enclosure !/
cc: City Clerk`s
NVACATI ®.DOC
I
PAMELA J MARTINEZ ET AL
3':1 GREENWAY DR
MARTINEZ CA 94553
211 CLUB
211 S CHEROKEE LN
LODI CA 95240
HILDENBRANVS AM PM
MINI MART
225 S CHEROKEE LN
LODI CA 95240
LORINE KREIN ET AL
540 E WALNUT ST
LODI CA 95240
OCCUPANT
537 E LODI AVE
LODI CA 95240
DAVID & F MEAGHER
532 E WALNUT ST
LODI CA 95240
LBLVACA1.00C
KEVIN JANKE
KENNETH R. ALBERG
PEGGY'S GROOMING
550 E WALNUT ST
546 E WALNUT ST
LODI CA 95240
LODI CA 95240
GEORGE R CECCHETTI
ATLANTIC RICHFIELD CO
544 E WALNUT ST
P O BOX 2485
LODI CA 95240
LOS ANGELES CA 90051
RANDALL H RE]SWIG
ELSIE REISWIG
P O BOX 494421
545 E LODI AVE
REDDING CA 96049-4421
LODI CA 95240
PAUL & SHERYLL SALSEDO
ARTHUR VEIL TRUSTEE
542 E WALNUT ST
11662 N HAM LN #39
LODI CA 95240
LODI CA 95242
MARIA C GALLO ARELLANO
RICHARD & J NEWMAN
541 E LODI AVE
520 VIRGINIA AVE
LODI CA 95240
LODI CA 95242
CITY COUNCIL
PHIILIP A PENNINO, Mavor
IACK A SIFGLOCK
Mayor Pro Tempne
RAY C DAVFNPORI
5TFI'HfN I MANN
JOHN R (Randy) SNIDI R
CITY OF LODI
CITY HALL, 221 WEST PINF STREET
P0. ELOX 3006
1.001, CAE IFORNIA 91241.1910
(209) 114-116.1-1
TAX t.'11•.1) 111 1,7111.
December 17, 1993
Pacific Gas and Electric Company
12 West Pine Street
Lodi, CA 95240
Gentlemen:
THOMAS A. PETERSON
City Aianager
IFNNIFER M-PERRIN
City Clerk
00I3 McNATT
City Attorney
Enclosed herewith please find certified recorded copy of
Resolution/Order No. 93-245 entitled, "'Resolution /order of the Lodi
City Council Vacating the Alley North of East Lodi Avenue From Cherokee
Lane to 280 Feet West of Cherokee Lane" which was adopted by the Lodi
City Council at its Regular Meeting of November 17, 1993.
Should you have any questions regarding this matter, please do not
hesitate to call this office.
Very truly yours,
it
(_ 1
;Jennife4. Perrin
City Clerk
JMP
Enclosure
cc: Jeannie Matsumoto, Senior Engineering Technician
docid
a
93140252 SAN
�JOAQUINCOUNTY
c%t,
SM.
JOHNSTONE
CITY OF LODI 93 t1aV 30 RM la 33
CITY HALL, 221 W. PINE $T
P . 3952 iieCc«::�� r.. i:Eo 1 SST X
LODl, CALIFORNIAN 95241•1910
FEE
RESOLUTION NO. 93-145
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A RESOLUTION/ORDER OF THE LODI CITY COUNCIL
VACATING THE ALLEY NORTH OF EAST LODI AVENUE
FROM CHEROKEE LANE TO 280 FEET WEST OF CHEROKEE LANE
asa x a a a a a oa s� a. aeras aaaaaax Caaaaaxaa a a s a x a as s a g a 3a s er as Ss a aaa as a a a a a a a a a as s a a a a a Qa a a a a a
WHEREAS, this City Council acting in accordance with provisions of Part
III of Division 9 of the Streets and Highways Code of this State, did on the 1st day
of September, 1993 pass and adopt a Resolution of Intention No. 93-108 therein
declaring the intention of said City Council to vacate that portion of the alley
north of East' Lodi Avenue, from Cherokee Lane to 280 feet weat of Cherokee Lane,
Lodi, California, County of San Joaquin, State of California, reserving, however,
and excepting from the vacation, a permanent easement and right therein to
construct, maintain, repair and operate lines for public utilities, both publicly
and privately owned, in over, and across said alley, and more particularly described
as follows, to wit:
The alley north of East Lodi Avenue, from Cherokee Lane to
280 feet west of Cherokee Lane;
WHEREAS, said notice of said intended vacation was regularly given by
publication and by posting, both in time, form and manner as required by law as is
evidenced by affidavits on file and on record in the office of the City Clerk of the
City of Lodi; and
WHEREAS, in accordance with the provisions stated herein and also
contained in the posted notices of the adoption of said resolution, notice was given
that a public hearing would be held before the City Council in the City Council
Chambers, Carnegie Forum, 305 West Pine Street, Lodi, California, beginning at 7:00
p.m. on Wednesday, October 6, 1993, where and when any person interested in or
objecting to said vacation could appear and be heard in relation thereto; and
WHEREAS, at that time and place, a public hearing was held and conducted
and testimony received for and against the vacation contemplated; and
WHEREAS, upon unanimous motion action of the City Council, the public
hearing was continued to the November 17, 1993 City Council meeting so that a
possible solution may be reached, and the Council further directed that a title
search be done on the property; and
93140252
WHEREAS, on November 17, 1993, a continued noticed public hearing was held
and conducted and testimony received for and against the vacation contemplated; and
WHEREAS, at the November 17, 1993 City Council meeting, from the evidence
submitted, the City Council of the City of Lodi did determine that said portion of
said alley is unnecessary for present or future public use and did so find and
declare; and
WHEREAS, the Planning Commission did find that the subject vacation was
consistent with the General Plan of the City of Lodi;
NOW, THEREFORE, HE IT RESOLVED, that pursuant to the findings and under
the authority of Section 8323 of the Streets and Highways Code of the State of
California, that there is hereby abandoned that portion of the alley north of East
Lodi Avenue, from Cherokee Lane to 280 feet West of Cherokee Lane, Lodi, California,
and more particularly described as follows:
The alley located north of East Lodi Avenue, from Cherokee Lane
to 280 feet west of Cherokee Lane, as shown on Exhibit A attached hereto.
Rederving, however, and excepting from the vacation, a permanent easement
and right therein to construct, maintain, repair and operate lines for public
utilities, both publicly and privately owned, in over, and across said alley.
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.
Dated: November 17, 1993
I hereby certify that the foregoing RESOLUTION/ORDER VACATING that portion
of the alley north of East Lodi Avenue, from Cherokee Lane to 280 feet west of
Cherokee Lane, Lodi, California, with the conditions stated, was passed and adopted
by the Lodi City Council in a regular meeting held November 17, 1993 by the
following vote:
Ayes: Council Members - Davenport, Mann, Sieglock, Snider and Pennino
(Mayor)
Noes: Council Members - None
Absent: Council Members - None
\ w cpe'u�)
if Perrin
City Clerk
93-145
RES93145/TXTA.02J
• CITY OF. LOD]w ` N
ALL�I' ABANDONMENT
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