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Home My WebLink AboutAgenda Report - February 16, 2005 E-07AGENDA ITEM E-7 CITY OF LODI COUNCIL COMMUNICATION M AGENDA TITLE: Adopt Resolution of Vacation of a 5 -Foot Public Utility Easement at 1451 South Mills Avenue MEETING DATE: February 16,2005 PREPAREDBY: Public Works Director RECOMMENDED ACTION: That the City Council adopt a resolution vacating the 5 -foot public utility easement at 1451 South Mills Avenue. BACKGROUND INFORMATION: The property owners of "Mills Avenue Family Homes", a newly -created 12 -lot subdivision currently under construction, have requested the abandonment of the 5 -foot public utility easement lying across Lot 12, as shown on the attached map. Lot 12 lies adjacent to a private street dedicated as a public utility easement. Existing and proposed underground utilities (12 -inch storm drain main, 6 -inch sanitary sewer main, and 8 -inch water main) are located within the private street, therefore the abandonment of the 5 -foot public utility easement would not affect installation or deter the public facilities and services. The 5 -foot public utility easement has never been occupied. Under Section 8333 of the Streets 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 five consecutive years immediately preceding the proposed vacation". The City of Lodi Water/Wastewater and Street Divisions and Electric Utility Department, SBC Pacific Bell, PG&E, and Comcast Cable have approved the 5 -foot public utility easement abandonment without further comment. Public Works staff therefore recommends that the request to abandon the 5 -foot public utility easement be granted without Planning Commission referral or the normal posting, publishing and public hearing. FUNDING: Not applicable. ( a4042, Richard C. Prima, Jr.\ Public Works Director Prepared by Jeannie Matsumoto, Senior Engineering Technician RCP/JM/pmf Attachment cc: Steve Schwabauer, City Attorney Rad Bartlam, Community Development Director APPROVED: / Blair King CiV`Manager J (VACATION\EASEMENT�C1451SMillsAve.doc 113112005 ,� OF wPUBLIC WORKS DEPARTMENT OF • , 1 �! 1SM Ia 2) 9is,m, boo _ p EXHIBIT A EASEMENT ABANDONMENT xvn"m "w II I I M.4P 25 --4 i^ f� -out . "Ty Mm aA (411 J I 1: r n- 25• . etA1y Mi1•DD'[a..mlr.00' -or a (nz)�ixoi cy P„ Ih-a kvi 5l91"WT 115.10' M &P. 26-27 MAS- 21 -III MLL.S AVENUE 5NG_E FAMLY H OWS LOT A PRIVATE DRIVE AND P.U.E. R=5.00' L-7.85' P.U.E. TO BE ABANDONED 3EGINNING LO7 5A ~ OFA r cif P4 . When Recorded, Please Returnto: Lodi City Clerk P. O. Box 3006 Lodi, CA 95241-1910 RESOLUTION NO. 2005-31 A RESOLUTIONOF THE LODI CITY COUNCIL SUMMARILY VACATING A FIVE-FOOT PUBLIC UTILITY EASEMENT LOCATED AT 1451 SOUTH MILLSAVENUE WHEREAS, the property owners of "Mills Avenue Family Homes," a newly - created, 12 -lot subdivision currently under construction, have requested the abandonment of the five-foot utility easement lying across Lot 12 at 1451 South Mills Avenue, as shown on the map attached marked Exhibit A; and WHEREAS, Lot 12 lies adjacent to a private street, which is dedicated as a public utility easement for all existing and proposed underground utilities; and WHEREAS, the abandonment of the five-foot public utility easement would not affect installation or deter the public facilities and services, and the five-foot public utility easement has never been occupied; and WHEREAS, pursuant to California Streets and Highways Code Section 8333,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 five consecutive years immediately preceding the proposed vacation; and WHEREAS, no public utilities are located in or on Lot 12 desired to be vacated. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lodi finds and declares as follows: 1. The above recitals are true and correct. 2. The proposed vacation is the disposition of a remainder of a larger parcel, which was acquired and used for street purposes, and, in accordance with California Government Code Section 65402(a), the City Council of the City of Lodi hereby provides that Government Code Section 65402(a) does not apply to this vacation. 3. That five-foot public utility easement located at 1451 South Mills Avenue, shown on Exhibit A attached hereto and incorporated herein, is summarily vacated as of the date of recordation of this Resolution and from and after that date no longer constitutes a street, highway, or public service easement. 4. The vacation is made pursuant to Chapter 4, Part 3, of the Streets and Highways Code of the State of California. 5. The City Clerk is hereby authorized and instructed to record this Resolution pursuant to Streets and Highways Code Section 8336. Dated: February 16,2005 I hereby certify that Resolution No. 2005-31 was passed and adopted by the City Council of the City of Lodi in a regular meeting held February 16, 2005, by the following vote: AYES: COUNCIL MEMBERS— Hansen, Hitchcock, Johnson, Mounce, and Mayor Beckman NOES: COUNCIL MEMBERS— None ABSENT: COUNCIL MEMBERS— None ABSTAIN: COUNCIL MEMBERS — None SUSAN J. BLACKSTON City Clerk 2005-31 CITY OF LODI PUBLIC WORKS DEPARTMENT LOT A PRIVATE DRIVE AND P.U.E. EXHIBIT A EASEMENT ANDONWNT 1 M!I ie—t1 MLLS AVHNLE S'MIGM FAMLY HOMES !:tlo A8P.uz400N D )EQNNING I N I DECLARATION OF MAILING A RESOLUTION SUMMARILY VACATING A FIVE-FOOT PUBLIC UTILITY EASEMENT LOCATED AT 1451 S. MILLS AVENUE On February 17, 2005, 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 transmittal letter and resolution summarily vacating a five-foot public utility easement located at 1451 S. Mills Avenue, 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 perjurythat the foregoing is true and correct. Executed on February 17, 2005, at Lodi, California. ORDERED BY: JACQUELINE L. TAYLOR DEPUTY CITY CLERK KAKI J. CHADWICK ADMINISTRATIVE CLERK Formsldecmail.doc ORDERED BY: SUSAN BLACKSTON CITY CLERK, CITY OF LODI NIFE PERRIN wnt DEPUTY CITY CLERK CITY COUNCIL JOHN BECKMAN, Mayor SUSAN HITCHCOCK, Mayor Pro Tempore LARRY D. HANSEN BOBJOHNSON JOANNEMOUNCE 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 citycirk@lodi.gov February 17,2005 BLAIR KING, City Manager SUSAN J. BLACKSTON City Clerk D. STEPHEN SCHWABAUER City Attorney 1EXHIBIT Al VACATION: TO SUMMARILY VACATE A FIVE-FOOT PUBLIC UTILITY EASEMENT LOCATEDAT 1451 SOUTH MILLS AVENUE This is to inform you that the City Council, at its regular meeting on February 16, 2005, considered the above matter and declared the area summarily 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 SJB/jmp Enclosure cc: PublicWorks Director vacation/conesp/lResVacation2.doc When Recorded, Please Returnto: Lodi City Clerk P. O. Box 3006 Lodi, CA95241-1910 RESOLUTION NO. 2005-31 A RESOLUTION OF THE LODI CITY COUNCIL SUMMARILY VACATING A FIVE-FOOT PUBLIC UTILITY EASEMENT LOCATEDAT 1451 SOUTH MILLSAVENUE WHEREAS, the properly owners of "Mills Avenue Family Homes," a newly - created, 12 -lot subdivision currently under construction, have requested the abandonment of the five-foot utility easement lying across Lot 12 at 1451 South Mills Avenue, as shown on the map attached marked Exhibit A and WHEREAS, Lot 12 lies adjacent to a private street, which is dedicated as a public utility easement for all existing and proposed underground utilities; and WHEREAS, the abandonment of the five-foot public utility easement would not affect installation or deter the public facilities and services, and the five-foot public utility easement has never been occupied; and WHEREAS, pursuant to California Streets and Highways Code Section 8333, a local agency may summarily vacate a public service easement if the easement has not been used for the purposefor which it was dedicated or acquired five consecutive years immediately preceding the proposed vacation; and WHEREAS, no public utilities are located in or on Lot 12 desired to be vacated. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lodi finds and declares as follows: 1. The above recitals are true and correct. 2. The proposed vacation is the disposition of a remainder of a larger parcel, which was acquired and used for street purposes, and, in accordance with California Government Code Section 65402(a), the City Council of the City of Lodi hereby provides that Government Code Section 65402(a) does not apply to this vacation. 3. That five-foot public utility easement located at 1451 South Mills Avenue, shown on Exhibit A attached hereto and incorporated herein, is summarily vacated as of the date of recordation of this Resolution and from and after that date no longer constitutes a street, highway, or public service easement. 4, The vacation is made pursuant to Chapter 4, Part 3, of the Streets and Highways Code of the State of California. 5. The City Clerk is hereby authorized and instructed to record this Resolution pursuant to Streets and Highways Code Section 8336. Dated: February 16, 2005 ---------------------------------------------- I hereby certify that Resolution No. 2005-31 was passed and adopted by the City Council of the City of Lodi in a regular meeting held February 16, 2005, by the following vote: AYES: COUNCIL MEMBERS— Hansen, Hitchcock, Johnson, Mounce, and Mayor Beckman NOES: COUNCIL MEMBERS— None ABSENT: COUNCIL MEMBERS—None ABSTAIN: COUNCIL MEMBERS— None SUSAN J. BLACKSTON City Clerk 2005-31 CITY OF LODI EXHIBIT A EASEMENT " �, • PUBLIC WORKS DEPARTMENT ABANDONMENT WrIUMM LAW T ii r.d r �I Vu Y f Yl� r .hp ra-r MLLS AVENUE SMF FAMILY HOMES LOT A PRNATE DRIVE mo P.U.E. :s.00' 7N P.U.E. TO BE ABANDONED 3EGINNING �'ii+Sau�L� --• 1EXHIP.IT BI APN;OWNER;ADDRESS;CITY;STATE;ZIP 05816038;LAKESHORE VILLAGE ASSOC;2291 W MARCH LN;STOCKTON;CA;95207 05816083; WRIGHT, GARLAND & RUTH TR ETAL;2100 W KETTLEMAN LN ;LODI ;CA;95242 05816084;KNIGHT, GEORGE J & STACY L TR ;911 CASTEC DR ;SACRAMENTO ;CA;95864 05816091;KETTLEMAN II PTP;301 S HAM LN SUITE A;LODI;CA;95242 05838001; ANDERSON, LARRY WE, G M;PO BOX 1237;LODI;CA;95241 05838002;ANDERSON, LARRY W & G M;PO BOX 1237;LODI;CA;95241 05838003; ANDERSON, LARRY W & G M;PO BOX 1237;LODI;CA;95241 05838004;ANDERSON, LARRY W & G M;PO BOX 1237;LODI;CA;95241 05838009;D & M PROPERTIES PTP;1420 S MILLS STE 1;LODI;CA;95242 05838010;%1A-LONEY, MIKE & LANI KAY ;1420 S MILLS AVE SUITE J ;LODI ;CA;95242 05838011;LODI LAND COMPANY LLC;1420 S MILLS #M;LODI;CA;95242 05838012;LODI LAND COMPANY LLC;1420 S MILLS AVE STE M;LODI;CA;95242 05838013;LODI LAND COMPANY LLC;1420 S MILLS #M;LODI;CA;95242 05838014; ANDERSON, LARRY & G ETAL ;420 W PINE ST ;LODI ;CA;95240 05838005;GIANNONI, JOHN M JR & KERRY M; 2960 APPLEWOOD DR; LODI; CA; 95242 05838006;GIANNONI, JOHN M JR & KERRY M; 2960 APPLEWOOD DR; LODI; CA; 95242 05814018;LODI INVESTMENT PARTNSHP I LTD;PO BOX 87407; CHICAGO; IL; 60680 05815001;LODI INVESTMENT PARTNERSHIP 1; PO BOX 874.07; CHICAGO; IL; 60680 05816046;KETTLEMAN II PTP;301 S HAM LN SUITE A;LODI;CA;95242 05816078;MICHAEL, DAVID J & PAMELA J TR;2020 W KETTLEMAN LN;LODI;CA;95242 05816090;DR EW NO 8 LODI LLC;656 W RANDOLPH ST SUITE 400W;CHICAGO;IL;60661 05855001;SCHEFLO, MITCH & RITA;1711 WINDJAMMER;LODI;CA;95242 PROPOSED EASEMENT ENCROACHMENT UTILITY AGENCI ES PACIFIC BELL RIGHT OF WAY MANAGER ATTN: DON GOLVIN 1548 NORTH CARPENTER ROAD MODESTO, CA 95351 PH: (209)578-7044 PACIFIC GAS & ELECTRIC COMPANY STOCKTON LAND RIGHTS OFFICE ATTN: LANDAGENT 4040WEST LANE STOCKTON, CA 95204 PH: (209)942-1419 COMCAST SUPERVISOR OF DESIGN ROBERTO GONZALEZ 2646 NORTHWEST LANE STOCKTON, CA 95205 PH: (209)463-6081,#108 CITY OF LODI ELECTRICAL UTILITY DEPT. AL SMATSKY, SENIOR ELECTRICAL ESTIMATOR P O BOX 3006 LODI, CA 95241-1910 PH: 333-6769 CITY OF LODI MUNICIPAL SERVICE CENTER GEORGE BRADLEY, STREET SUPERINTENDENT P O BOX 3006 LODI, CA 95241-1910 PH: 333-6740 CJTY OF LQVJ MUNICIPAL SERVICE CENTER `D.f1K -bee , WATERMASTEWATER SUPERINTENDENT P O BOX 3006 LODI, CA 95241-1910 PH: 333-6740 CITY OF LODI FIRE DEPARTMENT VERNE PERSON. FIRE MARSHALL VACATION 1 ABANDONMENT MAILING LIST RESOLUTION OF INTENTION Settin Public Hearing) Certified copy wlcover letter to PG&E 12W. 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 wlcover 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