HomeMy WebLinkAboutAgenda Report - November 7, 2007 E-08AGENDA ITEM F:00?
CITY OF LODI
COUNCIL COMMUNICATION
W
AGENDA TITLE: Adopt Resolution Authorizing City Manager to Execute Memorandum of
Understanding between City of Lodi and General Mills Cereals Properties, Inc.,
for Dedication of Easements for Widening of Lower Sacramento Road
(Turner Road to Union Pacific Railroad)
MEETING DATE: November 7,2007
PREPARED BY: Public Works Director
RECOMMENDED ACTION: Adopt a resolution authorizing the City Manager to execute the
Memorandum of Understanding between the City of Lodi and
General Mills Cereals Properties, Inc., for the dedication of street
easement, construction easement, and right of entry for widening of
Lower Sacramento Road (Turner Road to Union Pacific Railroad).
BACKGROUND INFORMATION: At the December 20,2006 City Council meeting, staff was
authorized to negotiatewith General Mills for the acquisition of
street easement, construction easement, and right of entry for the
widening of Lower Sacramento Road between Turner Road and the
Union Pacific Railroad spur line crossing. In addition, negotiations included the acquisition of easements
for the reconfiguration of traffic signal equipment at the intersection of Turner Road and
Lower Sacramento Road.
The agreements reached between General Mills and the City of Lodi are presented in the Memorandum
of Understanding, General Mills Cereals Properties, LLC, Lower Sacramento Road Widening Project,
Turner Road Reconstruction Project that is provided as Exhibit A. The improvements covered by the
Memorandum of Understanding are presented in Exhibit B.
Construction of the project is in process. General Mills has executed the various documents. Council is
requested to authorize the City Manager to execute the documents on behalf of the City.
FISCAL IMPACT: No funds are being exchanged; the City will be receiving land and other
rights in exchangefor installing improvements.
FUNDING AVAILABLE: Not Applicable
Richard C. Prima, Jr.
Public Works Director
Prepared by F. Wally Sandelin, City Engineer[Deputy PublicWotks Director
RCPIFWSIpmf
Attachments
APPROVED: i
City Manager
K `WPIPROJECTSISTREETSILWRSACTO\C UPRR MOU doc 10/19/2007
Exhibit A
MEMORANDUM OF UNDERSTANDING
GENERAL MILLS CEREALS PROPERTIES, LLC
LOWER SACRAMENTO ROAD WIDENING PROJECT
TURNER ROAD RECONSTRUCTION PROJECT
THIS Memorandum of Understanding ("MOU") is entered into this day of
, 2007, (the "Effective Date"), between GENERAL MILLS CEREALS
PROPERTIES, LLC, a Delaware limited liability company ("General Mills") and the CITY
OF LODI, a municipal corporation organized and existing underthe laws of the State of
California ("City").
RECITALS
This MOU is predicated upon the following findings:
The City will construct improvements generally consisting of widening Lower
Sacramento Road from Turner Road northerly to the City limits, reconfiguring the
intersection lanes at the Lower Sacramento Road/Turner Road intersection,
rehabilitating the asphalt road surface on Turner Road from Loma Drive westerly to
the Lower Sacramento Road/Turner Road/Woodhaven Lane intersection,
constructing/reconstructing concrete curb, gutter and sidewalk associated with the
widening, and relocate/replace traffic signal equipment, all as more particularly
described in Paragraph 1 below.
B. Substantial movement of goods into and out of the plant occurs via truck and trailer
units. The driveway entrance at the intersection of Lower Sacramento Road and
Turner Road provides the principal access for these units.
The Lower Sacramento Road Special Purpose Plan of 1997 provided for the
widening of Lower Sacramento Road north of Turner Road and for the addition of
dual southbound left turn lanes at the intersection with Turner Road.
To improve operations and safety conditions at the intersection, it is required that
certain modification be made to the General Mills driveway entrance at the
intersection of Lower Sacramento Road and Turner Road.
To widen Lower Sacramento Road, the City requires the acquisition of street easement
approximately 20 -foot in width along the length of two parcels of real property owned by
General Mills, specifically described as Assessor Parcel Number 015-230-40 located at
1018 Lower Sacramento Road and Assessor Parcel Number 015-230-31 located at
2201 West Turner Road. A triangular piece of street easement is required at the
intersection to relocate the traffic signal facilities.
NOW THEREFORE, the parties to this MOU agree as follows:
1. The City will perform, at its sole cost and expense, all of the work that is
described in this Paragraph 1 (such work being collectively referred to as the
"Project") on or before June 30, 2008. Execution of this Agreement constitutes
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KAWP\PROJECTS\STREETS\Turner_Rd\Turner Rd Overlay— LSRWiden ing\General Mills- Lodi MOU.doc
approval of the Project by both parties, subject to final verification of the second
phase of the Project, as provided in paragraph 1.d below.
a. The Projectwill be constructed in two phases, as described in this Paragraph
1.
b. The first phase will consist of the following:
(i) The widening of Lower Sacramento Road by approximately 20 feet on the
east side.
(ii) Removal of the existing chain link fence and gate, and installation of a
new chain link fence and gate (both with plastic slats) at a position parallel to
and one-half foot east of the new right of way along Lower Sacramento Road.
(iii) Reconstructing the drive entrance to the General Mills maintenance
facility to allow trucks to turn in. The drive entrance will consist of a concrete
driveway and 20 -foot by 40 -foot chain link fence refuge to allow vehicles to
enter and exit from Lower Sacramento Road. Vehicles exiting the facility will
be allowed to turn right or left. Southbound vehicles will be allowed to enter
the driveway by turning left. Northbound vehicles will be allowed to enter by
making a right turn into the driveway.
(iv) Relocation of the traffic signal facilities at the northeast corner of Lower
Sacramento Road and Turner Road to accommodate the installation of a
larger radius return at that corner.
(v) Removal of the abandoned rail crossing protection facilities on Turner
Road. The private rail crossing on Turner Road (DE -105.61C) will be
dismantled, removed and disposed of by the City including the cantilever
signal supports, the automatic gate facilities, rails, and ties. In addition, the
sidewalk and pavement will be demolished and replaced at the same
location. Removal of rail facilities on General Mills site will not occur.
(vi) Removal and disposal of the westerly row of Cypress trees
(approximately 70 in number) along Lower Sacramento Road. The stumps
will be ground or removed. A temporary chain link security fence will be
installed.
c. During construction of the first phase, traffic control signage and flagmen will
be provided to ensure access to the General Mills Main Entrance will be
reasonably provided. There may be instances when short delays will be
required to ensure the safety of the workers and public.
d. The second phase will consist of (i) increasing the curb radius at the
southwest driveway return of the General Mills Main Entrance on Turner
Road, (ii) relocating the traffic signal facilities at the same location, (Iii)
relocating (as required) the General Mills sign at the same location, (iv)
modifying the landscape and irrigation to respect the improvements at this
location, and (v) modifications to the vehicle detection facilities in the
driveway as required for traffic signal operations. The precise details of the
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second phase of work will be submitted to General Mills for approval prior to
beginning work. City will cause the second phase work to be completed no
laterthan June 30, 2008.
2. General Mills will grant the City a street easement over the area required for the
widening by execution of the Street Easement Deed provided as Attachment A.
In addition, General Mills will grant to the City a right of entry and temporary
construction easement for the duration of the Project by execution of the Right of
Entry and Temporary Construction Easement document provided as Attachment
B that will terminate upon City Council acceptance of the improvements.
3. The City will construct the widening improvement described in paragraph lb(i)
prior to relocating the traffic signal facilities as described in paragraph 1(b)(iv).
The phasing is driven by the long lead order time for the traffic signal equipment.
4. The City will require its contractor performing the Project work to provide a Traffic
Control Plan that ensures continuous access for delivery and employee vehicles
to the General Mills facility and maintenance shed at all times during the Project.
5. General Mills will not be required to reimburse the City for any of the Project work.
The City will not be required to compensate General Mills for the street easement
described in paragraph 2 or the delays described in paragraph 1.c.
6. Relationship of Parties:
a. It is understood that the relationship between the parties is an MOU
relationship between the City and General Mills and nothing herein shall
be construed to the contrary.
b. The parties agree that nothing contained herein, or in any document
executed in connection herewith, shall be construed as making the
parties joint venturers or partners.
C. This MOU is made and entered into for the sole protection and benefit of
the parties and their successors and assigns.
7. All notices required or provided for under this MOU shall be in writing and
delivered in person or sent by certified mail, postage prepaid, return receipt
requested. Notice shall be effective on the date it is delivered in person or the
date when the postal authorities indicate the mailing was delivered to the address
of the receiving party indicated below:
Notice to City: City of Lodi
City Manager
221 West Pine Street
Lodi, CA 95240
Notice to General Mills: General Mills Cereals Properties, LLC
One General Mills Boulevard, NO2-B
Minneapolis, MN 55440
Attn: Cindy Monturiol
IN WITNESS WHEREOF this MOU has been executed by the parties on the day
and year first above written.
Signature page follows.
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SIGNATURE PAGE TO
MEMORANDUM OF UNDERSTANDING
GENERAL MILLS CEREALS PROPERTIES, LLC
LOWER SACRAMENTO ROAD WIDENING PROJECT
TURNER ROAD RECONSTRUCTION PROJECT
CITY OF LODI, a municipal corporation GENERAL MILLS CEREALS PRORERTIES, LLC
a Delaware ser-x*atkm U f'Vfkd 11 �' �l Con yat
BLAIR KING
City Manager
ATTEST:
RANDIJOHL
City Clerk
APPROVED AS TO FORM:
D. STEPHEN SCHWABAUER
City Attorney
Title: V 0' 9
4
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r+LLCIUM IL M
WHEN RECORDEDMAIL TAX
STATEMENTAND RECORDED
DOCUMENTTO
CITY CLERK
CITY OF LODI
P. O.BOX 3006
LODI, CALIFORNIA 95241-1910
SPACE ABOVE THIS LINE FOR RECORDERSUSE
APN: 015-230-50 STREET EASEMENT DEED
1100 North Lower Sacramento Road
hereby GRANT to the CITY OF LODI, a municipal corporation, in dedication to the public use, an easement for the purposesof publictravel
and access and the right to construct, maintain, repair, replace, remove and operate lines for public utilities, both publicly and privately
owned, together with the right to enter upon the land herein described to the extent that such entry may be necessary for the construction,
maintaining, repairing, replacing, removing and operating said access, lines or appurtenances thereto, in over, under and across the real
property, insofar as our title extends, situated in the City of Lodi, County of San Joaquin, State of California, and particularly described as
follows:
( SEE LEGAL DESCRIPTION ATTACHED)
01
Dated: LL 24
This document MUST be notarized. Please
GENERAL MILLS CEREAI,WPROPERTIES, LLC
trom, Vice President
Descript n approved: Date:
"i / I
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STREET EASEMENT DESCRIPTION EXHIBIT A
A roadway dedication being a portion of the Southeast Quarter of Section 34, Township 4
North, Range 6 East, Mount Diablo Base and Meridian, City of Lodi, San Joaquin
County, California, being more particularly described as follows:
Commencing at the Southwest corner of the Southeast quarter of Section 34 as shown in
Record of surveys, Volume 15, Page 186, san Joaquin County Records,
Thence due East 1220.20 feet along the South line of Section 34 and the centerline of
Turner Road to the centerline of Lower Sacramento Road,
Thence North 7" 12' East 29.74 feet along said Lower Sacramento Road centerline,
Thence South 82" 48' East 20.00 feet perpendicular to said Lower Sacramento Road
centerline,
Thence North 7" 12' East 42.73 feet to the Northwest corner of that certain parcel of land
recorded February 20, 1987, as Instrument Number 87015743, San Joaquin County
Records, thus being the TRUE POINT OF BEGINNING,
Thence North 7" 12' East 834.50 feet to the Southwest corner of that certain parcel of
land recorded November 15,2004, as DocumentNumber 2004-259893, San Joaquin
County Records,
Thence South 82" 48' East 20.00 perpendicular to the centerline of Lower Sacramento
Road along the southerly line of said parcel as described in Document Number 2004-
259893,
Thence South 7" 12' West 718.62 feet parallel to said centerline of Lower Sacramento
Road,
Thence South 0" 13' 15" East 99.20 feet,
Thence South 45" 11' 58" East 60.54 feet to a point on the North line of Turner Road,
said North line being 40 feet northerly and parallel with the south line of Section 34,
Thence North 89" 58' 47" West 34.16 feet along said north line of Turner Road to angle
point of said parcel of land recorded February 20, 1987 as Instrument Number 87015743,
Thence North 41" 24' West 35.84 feet along said parcel of land recorded February 20,
1987 as Instrument Number 87015743,
Thence North 82" 48' West 20.00 perpendicular to the centerline of Lower Sacramento
Road to the TRUE POINT OF BEGINNING.
Said parcel contains .43 Acres more of less.s y K.
No. RCE 30418
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STATE OF M
COUNTY OF I41/iM U t
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Notary Public, personally appeared
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[personally known tome] [ to be the person
whose name is subscribed to the within instrument, and acknowledged to me that she executed
the same in her authorized capacities, and that by her signature on the instrument the person,
or the entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand:
1
Notary Rublic in and for the Above -Mentioned
State and County VfflTMp�
My commission expires:loop 1000
,,►"CITY OF LODI
PUBLIC WORKS
SCALE: V= 200'
1/4 SEC. CORNER
DEED
3255
mm
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STREET EASEMENT DESCRIPTION
2201 W. TURNER RD.
LODI, CALIFORNIA
S0*13'15"E
99.20'
LU
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/
S 45" 11' 58" E
20.00'
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TRUE POINT
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82" 48' E
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20.00'
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SCALE: T= 40'
®TURNER OA3
DEED
2237 1
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MC LANE SUBSTATION
CITY OF LODI
CITY COUNCIL CITY OF LODI
BOB JOHNSON, Mayor
JOANNE MOUNCE, PUBLIC WORKS DEPARTMENT
Mayor Pro Tempore
LARRY D. HANSEN CITY HALL, 221 WEST PINE STREET / P.O. BOX 3006
SUSAN HITCHCOCK LODI, CALIFORNIA 95241-1910
TELEPHONE (209) 333-6706 / FAX (209) 333-6710
PHIL KATZAKIAN EMAIL pwdept@lodi.gov
http://www.lodi.gov
August 20,2007
Cindy Monturiol
General Mills, Inc.
Number One General Mills Blvd.
Minneappolis, MN 55426
I Attachment B I
SUBJECT: Right of Entry and Temporary Construction Easement
Lower Sacramento Road Widening and Turner Road Overlay Project
BLAIR KING,
City Manager
RANDI JOHL,
City Clerk
D. STEPHEN SCHWABAUER,
City Attorney
RICHARD C. PRIMA, JR.,
Public Works Director
The City of Lodi needs to acquire approximately 18,500 square feet of property located at
1018 Lower Sacramento Road (APN 015-230-40) and 2201 West Turner Road (015-230-31) for the
subject project. As you know, this project is importantto the community of Lodi and north
San Joaquin County. We are diligently working to get the project underway. We have prepared this
right of entry and temporary construction easement document that grants the City and its contractor
permission to enter the project area of your propertyfor construction purposes. This document will
ensure this project is not delayed while we finalize the property agreements with you.
City shall indemnify and defend the property owner for any liabilities incurred by property owner as a
result of City's improvement project.
If you have any questions, please feel free to contact our project coordinator, Mark Lindseth, at
(209) 333-6800, ext. 2666, or our Deputy City Attorney, Janice Magdich, at (209) 333-2600.
Sincerely,
Blair King
City Manager
Approval as to Form:
By
D. Stephen Schwabauer
City Attorney
Enclosure
cc: Deputy City Attorney
Associate Civil Engineer
Right of Entry Approval:
By GENE
PROPERTIES, LLC
Title: f"
Acceptrd:/
By
Richard Prima, Jr.
Public Works Director 4
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a•+►'r Q_
CITY OF LODIAOR..PUBLIC WORKS DEPARTMENT
EXHIBIT B
TURNER ROAD / LWR. SAC. ROAD
IMPROVEMENTS
LOWER SACRAMENTO ROAD
WIDENING
N 1. CURB, GUTTER, & SIDEWALK
2. DRIVEWAY
3. FENCE & GATEWAY
4. REFUGE
5. RECONSTRUCTCURB
RETURN
6. REPLACE TRAFFIC SIGNAL
EQUIPMENT
ITEMS 14 THRU 17
L.ayoutl .
TURNERROAD
GENERAL MILLS
MAIN ENTRANCE
7. REMOVE & REPLACE WEST
CURB RETURN
8. RELOCATE TRAFFIC SIGNAL
9. NEW TRAFFIC LOOPS
10. STRIPING
11. REPAIR IRRIGATION
12. REPAIR LANDSCAPING
13. RELOCATESIGNS
RAILROAD CROSSING
14. REMOVETRACKAGE
15. REMOVE EQUIPMENT
16. REMOVE & REPLACE CURB,
GUTTER, & SIDEWALK
17. REPLACE PAVEMENT IN
TRACK AREA
mchambedain
RESOLUTION NO. 2007-210
A RESOLUTION OF THE LODI CITY COUNCIL
APPROVING MEMORANDUMOF UNDERSTANDING
BETWEEN CITY OF LODI AND GENERAL MILLS CEREALS
PROPERTIES, INC., FOR DEDICATION OF STREET
EASEMENT, CONSTRUCTION EASEMENT, AND RIGHT OF
ENTRY FOR WIDENING OF LOWER SACRAMENTO ROAD
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council hereby
approves the Memorandum of Understanding (MOU) between the City of Lodi and
General Mills Cereals Properties, Inc., for dedication of street easement, construction
easement, and right of entry for the widening of Lower Sacramento Road from Turner
Road to the Union Pacific Railroad spur line crossing; and
BE IT FURTHER RESOLVED that the City Manager is hereby authorized and
directed to execute this MOU on behalf of the City of Lodi.
Dated: November 7, 2007
I hereby certify that Resolution No. 2007-210 was passed and adopted by the
City Council of the City of Lodi in a regular meeting held November 7, 2007, by the
following vote:
AYES: COUNCIL MEMBERS— Hansen, Hitchcock, Katzakian, Mounce,
and MayorJohnson
NOES: COUNCIL MEMBERS— None
ABSENT: COUNCIL MEMBERS— None
ABSTAIN: COUNCIL MEMBERS— None
4NIFE . PERRIN
Deputy City Clerk
2007-210