Resolution No.
STOCKTON CITY COUNCIL
RESOLUTION AUTHORIZING THE SUMMARY VACATION OF A PORTION OF PUBLIC RIGHTS-OF-WAY ALONG WORTH, JEFFERSON, ANDERSON, JACKSON, CLAY, AND UNION STREETS, AND AUTHORIZING A QUITCLAIM DEED FOR THE CONVEYANCE OF THOSE VACATED PORTIONS OF RIGHTS-OF-WAY TO THE SAN JOAQUIN REGIONAL RAIL COMMISSION
The proposed abandonment areas are located adjacent to the Union Pacific Railroad mainline; and The San Joaquin Regional Rail Commission is the applicant and project lead for the Stockton Diamond Grade Separation Project; and The City may perform a summary vacation under Division 9, Part 3, Chapter 4, section 8334(a) of the California Streets and Highway Code, and a public hearing is not required, where this excess right-of-way of a street or highway is not required for street or highway purposes; and All City Departments and local utilities were notified and there were no objections to the proposed vacation; and The City desires to provide clear title to the land subject to this summary vacation after the rights-of-way have been vacated; and The Streets and Highway Code section 8355 permits the Council to sell property previously subject to a street or highway easement where it is no longer needed by the public; and In order to provide clear title, it is proposed that the City quitclaim its interests directly to the San Joaquin Regional Rail Commission; and The City has given its notice of intent to lease or sell real property in the official newspaper of the City; now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:
This action is taken pursuant to Division 9, Part 3, Chapter 4 of the California Streets and Highways Code.
That all City Departments and local utilities were notified and there were no objections to the proposed vacation.
It is hereby found and determined that the subject property meets the criteria set forth in the Streets and Highways Code section 8334, provided below in relevant parts:
“The legislative body of a local agency may summarily vacate any of the following: (a) An excess right-of-way of a street or highway not required for street or highway purposes.” The City Council hereby authorizes that the public rights-of-way located at Worth, Jefferson, Anderson, Jackson, Clay, and Union Streets, more particularly described in Exhibits 2, 3, 4, 5, 6, & 7, attached hereto, and incorporated by this reference, is hereby declared to be vacated by this order and no longer constitutes a street or highway as of the date this resolution is recorded.
That the City Manager is authorized to approve the filing of Notice of Exemption No. 26-24 under CEQA, a copy of which is attached as Exhibit 8 and incorporated by this reference.
In accordance with section 65402 of the Government Code, this project/activity has been determined to conform to the City’s General Plan Policy Document, as amended.
The San Joaquin Regional Rail Commission has paid the necessary fees to process this vacation.
It is found and determined that the subject property meets the criteria set forth in Streets and Highway Code section 8355, where after vacation, it is no longer needed by the public, and may be disposed of as set forth herein.
It is hereby declared that the notice of intention to lease or sell real property was duly published in accordance with section 510 of the Charter of the City of Stockton.
That the conveyance of the City’s property interest to the subject property to the San Joaquin Regional Rail Commission by Quitclaim Deed, for a total sum of $10.00, is hereby approved.
That a Public Utility Easement be reserved along Worth, Jefferson, Anderson, Jackson, Clay, and Union Streets for the City of Stockton to operate, maintain, repair, reconstruct, and/or replace such public utilities, if any, previously constructed and now existing on the property or any portion thereof.
That a Public Utility Easement be reserved in, upon, over, and across Worth, Jefferson, Anderson, Jackson, Clay, and Union Streets as is reasonably required to locate, construct, operate, maintain, repair, reconstruct, and/or replace public utilities.
That said reservation of a Public Utility Easement shall expressly include a future storm drain pump station to be owned and operated by the City of Stockton within Union Street, between Dr. Martin Luther King Jr. Boulevard and Clay Street; and that unencumbered access along Union Street and 50.11 feet of Clay Street east of Union Street to the future pump station shall be allowed from a location between the northerly limits of Clay Street and southerly limits of Dr. Martin Luther King Jr. Boulevard.
That City shall reserve the land situated beneath the future storm drain pump station.
That the City Manager is authorized and directed to execute a Quitclaim Deed, a copy of which is attached as Exhibit 1 and incorporated by this reference, and any other documents necessary, to terminate the City’s real property interest and to reserve a Public Utility Easement.
The City Manager is hereby authorized to take whatever actions are necessary and appropriate to carry out the purpose and intent of this Resolution.
PASSED, APPROVED, and ADOPTED: August 20, 2024 .
KEVIN J. LINCOLN II
Mayor of the City of Stockton
ATTEST:
KATHERINE ROLAND, CMC, CPMC
Interim City Clerk of the City of Stockton