AGENDA TITLE:
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Adopt a Resolution of Vacation to Vacate Excess Pleasant Avenue Street Right-of-Way Adjacent to 228 First Street and Reserve and Except a Public Utility Easement Above Said Vacation, Based on Findings (PW)
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MEETING DATE:
October 7, 2026
PREPARED BY:
Sean Nathan, Interim Public Works Director
recommendation
RECOMMENDED ACTION:
Adopt Resolution of Vacation to Vacate Excess Pleasant Avenue Street Right-of-Way Adjacent to 228 First Street and Reserve and Except a Public Utility Easement Above Said Vacation, Based on Findings.
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BACKGROUND INFORMATION:
The proposed street right-of-way (ROW) vacation is requested by the current owner of 228 First Street, Eric Peters, to allow development of the parcel. The Pleasant Avenue ROW was previously dedicated and shown on the map entitled “Burr’s Addition” filed for record September 5, 1887, in Volume 1, Page 4, Book of Maps and Plats, San Joaquin County Records. Portions of the Pleasant Avenue ROW fronting the subject parcel were previously vacated in 1909 and 1957.
This vacation is made under Chapter 4, Part 3, Division 9 of the Streets and Highways Code. The description and location of the existing ROW to be vacated are shown on Exhibits A & B. Based on the 2010 Lodi General Plan, Pleasant Avenue is an existing local street with no future plans to be widened, making the excess street ROW behind the existing back of sidewalk no longer needed for street purposes.
The City of Lodi Electrical, Water/Wastewater, and Street Divisions, AT&T, PG&E and Comcast have been contacted, and though some have utilities or other facilities existing within the easements, all agencies contacted have approved vacating the ROW behind the back of sidewalk with the condition that a public utility easement (PUE) shall be retained in the same location.
Under Section 8334 of the Streets and Highways Code, a local agency may summarily vacate “an excess right-of-way of a street or highway not required for street of highway purposes,” and under Section 8340 of the Streets and Highways Code, “in the proceeding to vacate a street or highway, a public entity may reserve and except from the vacation the easement and right at any time…to construct, maintain, operate, replace, remove, and renew…structures in, upon, over, and across a street or highway proposed to be vacated.” This section also requires the public entity to reserve such easements “if there are in-place public utility facilities that are in use.” To comply with Section 8334.5 of the Streets and Highways Code, the reserved PUE shall contain provisions that the in-place public utility facilities that are in use shall not be affected by the vacation.
FISCAL IMPACT:
This item does not have any fiscal impacts to the City.
FUNDING AVAILABLE:
There is no funding needed for this item.