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Home My WebLink AboutAgenda Report - April 20, 2005 E-14AGENDA ITEM r 14 CITY OF LODI %W. COUNCIL COMMUNICATION AGENDA TITLE: Adopt Resolution of Vacation to Abandon Portions of 10 -foot Public Utility Easement at 1901,1927 and 1930 South Mills Avenue MEETING DATE: April 20,2005 PREPARED BY: Public Works Director RECOMMENDED ACTION: That the City Council adopt a Resolution of Vacation abandoning portions of a 10 -foot public utility easement located at 1901, 1927 and 1930 South Mills Avenue. BACKGROUND INFORMATION: A 10 -foot public utility easement was dedicated in conjunction with "The Meadows, Unit No. 1" residential development in 1984. The buildings constructedwere discovered to be encroaching upon portions of the 10 -foot public utility easement along the Century Boulevard and Sylvan Avenue street frontages, as shown on ExhibitA. The current property owners are requesting abandonmentof those portions of the easement within the footprint of the building. City of Lodi Electrical, Water/Wastewater and Street Divisions, SBC Pacific Bell, PG&E and Comcast have been contacted and no utilities or other facilities were found to exist within the portions of the 10 -foot easement to be abandoned. All agencies contacted have approved the abandonment without further comment or conditions. 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 for five consecutive years immediately preceding the proposed vacation". The Public Works Department recommends that the request to abandon portions of the 10 -foot public utility easement be granted without Planning Commission referral or the normal posting, publishing and public hearing. FISCAL IMPACT: None FUNDING AVAILABLE: Not applicable. Prepared by Jeannie Matsumoto, Senior Engineering Technician RCPIJHMlpmf Attachment cc: 5eigfried Engineering APPROVED: i Blair King, City Manager INACATIOWCAbandon1901-1930Smills doc 411412005 When Recorded, Please Return to: Lodi City Clerk P. O. Box 3006 Lodi, CA 95241-1910 RESOLUTION NO. 2005-77 A RESOLUTION OF THE LODI CITY COUNCIL SUMMARILY VACATING PORTIONS OF A TEN -FOOT PUBLIC UTILITY EASEMENTAT 1901,1927, AND 1930SOUTH MILLSAVENUE WHEREAS, that portions of a ten -foot public utility easement at 1901, 1927, and 1930 South Mills Avenue, shown on Exhibit A attached hereto and incorporated herein, were dedicated in conjunction with `The Meadows, Unit No. 1" residential development in 1984; and WHEREAS, the buildings constructed were discovered to be encroaching upon portions of the ten -foot public utility easement along the Century Boulevard and Sylvan Avenue street frontages, as shown on Exhibit A The current property owners are requesting abandonment of those portions of the easement within the footprint of the building; and WHEREAS, pursuant to California Streets and Highways Code Section 8333, an easement may be summarily vacated if it has not been used for the purpose for which it was dedicated or acquired for five consecutive years immediately preceding the proposed vacation: and WHEREAS, no public utilities are located in those portions of Mills Avenue 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 of 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, 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 portions of 1901, 1927, and 1930 South Mills Avenue, shown on ExhibitA attached hereto and incorporated herein, are summarily vacated as of the date of recordation of this Resolution and from and after that date no longer constitutes a street or highway. 4. The vacation is made pursuant to Chapter 4, Part 3, of the Streets and Highways Code of the State of California. 5. A public utility easement shall be 1927, and 1930 South Mills Avenue, and incorporated herein. retained over the portions of 1901, shown on Exhibit A attached hereto 6. The City Clerk is hereby authorized and instructed to record this Resolution pursuantto Streets and Highways Code Section 8336. Dated: April 20, 2005 hereby certify that Resolution No. 2005-77 was passed and adopted by the City Council of the City of Lodi in a regular meeting held April 20, 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 2005-77 • CITY OF LODI EXHIBIT A PUBLIC WORKS DEPARTMENT a r.— M N nrerrrtn)l . e£ 1.52, r.a,t pld 10 ■tV 77CEN%URY aaate•w•r 074W ur••iaa'e ea+r-• � -19 ,t •. r � 5 � NCO X R RAM 1tl Sl. ►.V.t MC,Ir(�Y,iW l R BOULEVARD —►H1,'N'r u,ur � e CITY COUNCIL JOHN BECKMAN, Mayor SUSAN HITCHCOCK Mayor Pro Tempore LARRY D. HANSEN BOBJOHNSON JOANNE L MOUNCE Siegfried Engineering 4045 Coronado Avenue Stockton, CA 95204 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 E M A I L �pwdept�lOdl.gov http:�\www.l i.gov April 14, 2005 BLAIR KING City Manager SUSAN J. BLACKSTON City Clerk D. STEVEN SCHWABAUER City Attorney RICHARD C. PRIMA, JR. Public Works Director SUBJECT: Adopt Resolution of Vacation to Abandon Portions of 10 -Foot Public Utility Easement at 1901, 1927, and 1930 South Mills Avenue Enclosed is a copy of background information on an item on the City Council agenda of Wednesday, April 20, 2005. The meeting will be held at 7 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-deliverthe 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, extension 2661. Richard C. Prima, Jr. r Public Works Director RCPlpmf Enclosure cc: City Clerk NCABANDON1901-1930SMILLS. DOC DECLARATION OF MAILING TRANSMITTAL LETTER AND RESOLUTION SUMMARILY VACATING PORTIONS OFATEN-FOOT PUBLIC UTILITY EASEMENT AT 1901,1927, AND 1930 SOUTH MILLS AVENUE On Aprirta�es 2005, in the City of Lodi, San Joaquin County, California, I deposited in the United mail, envelopes with first-class postage prepaid thereon, containing a transmittal letter and resolution summarily vacating portions of a ten -foot public utility easement at 1901, 1927, and 1930 South 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. I declare under penaltyof perjurythat the foregoing is true and correct. Executed on April, 2005, at Lodi, California. ORDERED BY: JACQUELINE L. TAYLOR DEPUTY CITY CLERK KARI J. CHADWICK ADMINISTRATIVE CLERK Formsldecmail.doc ORDERED BY: SUSAN BLACKSTON CITY CLERK, C MY OF LODI &NNIFEY M. PERRIN DEPUTY CITY CLERK JOHN BECKMAN, Mayor SUSAN HITCHCOCK, Mayor Pro Tempore LARRY D. HANSEN BOBJOHNSON JOANNE MOUNCE 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 April 21, 2005 BLAIR KING, City Manager SUSAN J. BLACKSTON City Clerk D. STEPHEN SCHWABAUER City Attorney VACATION: TO SUMMARILY VACATE PORTIONS OF A TEN -FOOT PUBLIC UTILITY EASEMENT AT 1901, 1927, AND 1930 SOUTH MILLS AVENUE This is to inform you that the City Council, at its regular meeting on April 20, 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 S,iBrjjmp Enclosure cc: Public Works Director vacation/emesp/IResVacation2.doc When Recorded, Please Return to: Lodi City Clerk P. O. Box 3006 Lodi, CA 95241-1910 RESOLUTION NO. 2005-77 A RESOLUTION OF THE LODI CITY COUNCIL SUMMARILY VACATING PORTIONS OF A TEN -FOOT PUBLIC UTILITY EASEMENT AT 1901, 1927, AND 1930 SOUTH MILLS AVENUE WHEREAS, that portions of a ten -foot public utility easement at 1901, 1927, and 1930 South Mills Avenue, shown on Exhibit A attached hereto and incorporated herein, were dedicated in conjunction with `The Meadows, Unit No. 1" residential development in 1984; and WHEREAS, the buildings constructed were discovered to be encroaching upon portions of the ten -foot public utility easement along the Century Boulevard and Sylvan Avenue street frontages, as shown on Exhibit A. The current property owners are requesting abandonment of those portions of the easement within the footprint of the building; and WHEREAS, pursuantto California Streets and Highways Code Section 8333, an easement may be summarily vacated if it has not been used for the purpose for which it was dedicated or acquired for five consecutive years immediately preceding the proposed vacation; and WHEREAS, no public utilities are located in those portions of Mills Avenue 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 of 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, 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 portions of 1901, 1927, and 1930 South Mills Avenue, shown on Exhibit A attached hereto and incorporated herein, are summarily vacated as of the date of recordation of this Resolution and from and after that date no longer constitutes a street or highway. 4. The vacation is made pursuant to Chapter 4, Part 3, of the Streets and Highways Code of the State of California. 5. A public utility easement shall be 1927, and 1930 South Mills Avenue, and incorporated herein. retained over the portions of 1901, shown on ExhibitA attached hereto 6. The City Clerk is hereby authorized and instructed to record this Resolution pursuant to Streets and Highways Code Section 8336. Dated: April 20,2005 hereby certify that Resolution No. 2005-77 was passed and adopted by the City Council of the City of Lodi in a regular meeting held April 20, 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 2005-77 28 11 iv1 fNArT Pk,. low 111- l�[:AUp1y5_ L"i f Ho. I 4BANDON POTION PAE. _ I, 1 1 1 1 fn ur r n, 1r.1n •m ABANDON PORTION P.U.E.' �k'flP ?CE Il67YJ M YYM Y(LL •I 1 x1EPSE[nPn of CEn W1ty/uC�oa.oRPo[ PER Y.►w. 3Z'P5 i �""'� 14lY L Y SNI IAaP}/a fA.17'(Yx#1} i �" �J.i�_l�� ICP �sr Ixirn Il ux•x,. l0.7Piflfi a.�f'-� s:tr R MILLS AVENUE .DA,= or KA. w r f W�"r d7 r - _ IlovfYJo'w YSa.aJ (Y%Rlj M. J/,' L PPP x DAMP WE 11431' 1 RYI lailT]C[ n !w' x µpf. s[LL PER 6rJPE Y.►P. 11-6J 1 1--l"S11P 1 1 1 4 IPl,17P1 10.7 Y 1 )mss ASK p r ! 11 1 �7.T!_ _ �t 7.7iv sIi liil sw ►LLY,n,s'• 'q PPL I 4w} R p1i'P.Y.L 6� C Mlcr ryR "Q'asr �Y r xr'ye',1i NfII'r1r1111 .•.S f .92-7 F :' �-I 3 Nlpa IS w Irri i] r 1 58< S. F. Y' w r s sr. ,1669 Z` s -,COMM ON AREA: - rro"" +Ya[I1r:r.aE v.l? • ;, ,,+� -� 31.711 S.F. '�- - � , x,a, 7 P wy wL Rf- ' „r ' • ;, rf'W15'N n0'Id• rw �~ _ i VACATION/ ABANDONMENT MAILING LIST RESOLUTION OF INTENTION Settin Public Hearing) Certified copvwlcoyer 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, PublicWorks 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 I g30 S. &�jIls APN S.us Adc -ss Mailing Address Q5814D-14 2080 SYLVAN WY LAKESHORE MEADOWS 619 Willow Gien Dr GROUP Lodi CA 95240 058-270-21 1814 S MILLS AV RIGUNAY, FIDEL ROBERT & 1911 Camphor Wy FELIPA Lodi CA 95242 058-330-66 1923 WINDING OAK ST PARMAR, MOHAN & BALWANT 058-330-68 1911 WINDING OAK ST HARO. ALBERT C ETAL 058-330-69 1907 WINDING OAK ST DEWALT, HAL D& TERESA 058-330-70 1901 WINDING OAK ST ASPIRAS, NAWAL 1849 WINDING OAK ST WINGO, KEVIN H 058-330-74 1831 WINDING OAK ST BARROW, DONALD & CAROL A 058-330-76 1912 CAMPHOR WY VOLLMER, BRUCE ALLAN 1923 Winding Oak St Lodi CA 95242 1911 Winding Oak St Lodi CA 95747 1907 Winding Oak St Lodi CA 95242 1901 Winding Oak St Lodi CA 95242 1849 Winding Oak St Lodi CA 95242 1831 Winding Oak St Lodi CA 95242 1912 Camphor Wy Lodi CA 95242