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HomeMy WebLinkAboutAgenda Report - May 3, 2006 E-09AGENDA ITEM E009 &<M. CITY OF LODI VW COUNCIL COMMUNICATION TM AGENDA TITLE: Adopt Resolution Approving Improvement Deferral Agreement for 1243 East Harney Lane MEETING DATE: May 3, 2006 PREPARED BY: Public Works Director RECOMMENDED ACTION: That the City Council adopt a resolution approving an improvement deferral agreement for 1243 East Harney Lane and authorize the City Manager and City Clerk to execute the agreement on behalf of the City. BACKGROUND INFORMATION: The owner of the property, Kenneth C. Tate, Jr., and Nan Hee Tate, have submitted a four -lot single family residential parcel map application for the subject property. The Improvement Deferral Agreement for 1243 East Harney Lane covers installation of frontage and onsite improvements including, but not limited to, water, wastewater and storm drain services, curb, gutter, sidewalk, street pavement, reverse frontage wall with landscaping, street trees and street lights along the frontages of Harney Lane and Legacy Way, as required and set forth in Lodi Municipal Code Chapter 15.44 and the conditions set forth in Resolution No. P.C. 04-56. The property owner has made substantial progress in the completion of these improvements. A court order has been issued requiring the recordation of the parcel map for which the deadline has passed. Staff recommends deferral in order to permit recordation of the parcel map that will facilitate closure of escrow and generate the funding to complete the public improvements. The improvement deferral agreement will be recorded against the property and will be assigned through sale to future property owners. The owner has signed an improvement deferral agreement and paid the necessary document preparation and recording fees for the agreement. The agreement, in part, states that the owner will pay for and complete the design and installation of the required improvements at time of installation of such improvements on adjacent parcels, or at the request of the City, whichever occurs first. Staff recommends approval of the improvement deferral agreement. FISCAL WPACT: Improvement Deferral Agreement fee ($1,500) and recording fees have been paid by the property owner. FUNDING AVAILABLE: Not applicable. 6a��- �L Richard C. Prima, Public Works Director Prepared by F. Wally Sandelin, City Engineer RCPIFWSlpPmf cc: Kenneth C. Tate, Jr., and Nan Hee Tate APPROVED: Blair Kl , City Manager J AD EV_S ERVICC_ImptAgrnt_1243E Harney doe 412612006 RESOLUTION NO. 2006-75 A RESOLUTION OF THE LODI CITY COUNCIL APPROVING IMPROVEMENT DEFERRAL AGREEMENT FOR 1243 EAST HARNEY LANE NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby approve an Improvement Deferral Agreement for 1243 East Harney Lane, Lodi, between the City of Lodi and Kenneth C. Tate, Jr. and Nan Hee Tate, on file in the office of the City Clerk; and BE IT FUTHER RESOLVED that the City Manager and City Clerk are hereby authorized to execute said agreement on behalf of the City of Lodi; and BE IT FURTHER RESOLVED that said agreement shall be recorded against the property and will be assigned through sale to future property owners. Dated: May 3, 2006 I hereby certify that Resolution No. 2006-75 was passed and adopted by the City Council of the City of Lodi in a regular meeting held May 3, 2006, by the following vote: AYES: COUNCIL MEMBERS — Beckman, Hansen, Johnson, Mounce, and Mayor Hitchcock NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None SUSAN J. BLACKSTON City Clerk 2006-75 CITY COUNCIL CITY OF L O D I SUSAN HITCHCOCK, BLAIR KING, Mayor `.�=`"'t+ City Manager BOB JOHNSON, SUSAN J. BLACKSTON, Mayor Pro Tempore City Cleric JOHN BECKMAN + -r LARRY D. HANSEN D. STEPHEN SCHWABAUER, JOANNE MOUNCE PUBLIC WORKS DEPARTMENT City Attorney CITY HALL, 221 WEST PINE STREET / P.O. BOX 3006 RICHARD C. PRIMA, JR., LODI, CALIFORNIA 95241-1910 Public Works Director TELEPHONE (209) 333-6706 / FAX (209) 333-6710 EMAIL pwdept@Fodi.gov http://www.lodi.gov April 27, 2006 Kenneth C. Tate, Jr, and Nan Hee Tate 1 Z43 E. Harney Lane Lodi, CA 95242 SUBJECT: Adopt Resolution Approving Improvement Deferral Agreement for 1243 East Harney Lane Enclosed is a copy of background information on an item on the City Council agenda of Wednesday, May 3, 2006. 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 -deliver the 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 333-6702. If you have any questions about the item itself, please call Wally Sandelin, City Engineer, at 333-6709. Richard C. Prima, Jr. 7Cr PtibGc Works Director RCP/pmf Enclosure ca City Clerk J:\DEV—SERMCC_ImptAgmt-1243EHamay.doc IEV—SERMCC_ImptAgmt_1243EHamay.doc