HomeMy WebLinkAboutAgenda Report - September 2, 2009 E-08AGENDA ITEM Ew?
'• CITY OF LODI
COUNCIL COMMUNICATION
AGENDA TITLE: Adopt Resolution of Vacation of Surplus Portion of Loma Drive Lying Adjacent to
Parcel Located at 1310 West Turner Road and Authorize City Managerto Execute
Agreement to Exchange the Vacated Right-of-way for Public Improvements
MEETING DATE: September 2,2009
PREPARED BY: Public Works Director
RECOMMENDED ACTION: Adopt a resolution of vacation of a surplus portion of Loma Drive
lying adjacentto parcel located at 1310West Turner Road and
authorize City Managerto execute an agreementto exchange the
vacated right-of-way for public improvements.
BACKGROUND INFORMATION: The west 20 feet of the existing Loma Drive right-of-way between
Turner Road and the railroad was dedicated to the City of Lodi as a
voluntary gift by a grant deed from Lewis T. and Clara E. Mason
recorded on July 28, 1944, in Volume 877, Page 496 in Book of
Official Records of San Joaquin County. The 20 -foot street right-of-way dedication increased the
Loma Drive right-of-way width from 60 feet to 80 feet from Turner Road to the railroad. The Loma Drive
right-of-way south of the railroad is 60 feet. It is not known why the additional right-of-way was gifted to
the City, and there are no restrictions recorded on the property to be vacated. The 20 -foot dedication is
not improved with street curb, gutter or sidewalk, and there are no plans to expand Loma Drive. Existing
street improvements on Loma Drive south of Turner Road were installed based on a 60 -foot right-of-way.
The owner of the property located at 1310 West Turner Road obtained a building permit to remodel the
existing residence on the parcel and requested the vacation of a portion of the westerly Loma Drive street
right-of-way. Per Streets and Highways Code, Section 8334, excess right-of-way may be summarily
vacated if not required for street purposes. The surplus right-of-way includes 3,223 square feet of the
original 3,883 square foot right-of-way dedication and lies west of and outside the existing street
improvements, as shown on Exhibits A and B. No utilities occupy this area. The remaining 660 square
feet of the original dedication will be retained as street right-of-way, and a meandering sidewalk will be
installed along Loma Drive by the property owner as a condition of approval of the building permit
obtained for the remodel project.
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 it was dedicated or acquired for five
consecutive years immediately preceding the proposed vacation.
Pacific Gas and Electric Company, Comcast, AT&T, and the City of Lodi Electric Utility Department, and
the Streets and Water/Wastewater Divisions have approved the vacation of street right-of-way without
any further comments or conditions. Staff recommendsthat the right-of-way vacation be approved.
APPROVED:
Blair Kin y anager
KAWP\VACATION\CC Abandonment 1310 W Turner.doc
08/26/2009
Adopt Resolution of Vacation of Surplus Portion of Loma Drive Lying Adjacent to Parcel Located at
1310 West Turner Road and Authorize City Managerto Execute Agreement to Exchangethe Vacated
Right-of-way for Public Improvements
September 2, 2009
Page 2
The propertywithin the proposed vacation is owned in fee by the City and will not automatically revert to
the adjacent property owner at 1310 West Turner Road upon vacation. The owner wishes to acquire the
vacated right-of-way to remedy an encroachment into the right-of-way by the existing garage and to
provide the necessary setback to allow the construction of a masonry wall along the Loma Drive frontage
for privacy. Since the existing wheelchair ramp at the Turner Road/Loma Drive intersection is not in
compliance with current ADA standards, the property owner has offered to remove and replace the
existing wheelchair ramp in exchange for the vacated right-of-way. The cost to the property owner for the
improvements to the wheelchair ramp (estimated to be $10,000) is approximately equal to the value of
the property being vacated, particularly since the property would have little value on the open market.
Staff feels that the owner's request is reasonable and is similar to past practice whereby street
improvements have been exchanged for right-of-way dedications.
Staff recommends City Council authorize the City Managerto execute an agreementwith the property
owner for the exchange of the surplus right-of-wayfor the removal and replacement of the wheelchair
ramp in conformance with City standards and to the approval of the Public Works Department.
FISCAL IMPACT: Not applicable.
FUNDING AVAILABLE: Not applicable.
Aiaa'l L4oar�
F. Wally S dift
Public Works Director
Prepared by Chris Boyer, Junior Engineer
FWS/CRB/pmf
Attachments
cc: DeniseWiman, Senior EngineeringTechnician
Chris Boyer, Junior Engineer
K1WMACATIOMCC_Abandonment_1310_W_Turner.doc 08/26/2009
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WHEN RECORDED, RETURN TO:
City Clerk
City of Lodi
221 West Pine Street
Lodi. CA 95240
AGREEMENT FOR THE ACQUISITION OF VACATED RIGHT-OF-WAY
THIS AGREEMENT is made and entered into by and between the CITY OF LODI, hereinafter
referred to as "City" and MICHAEL W. STALLINGS and PATRICIA STALLINGS, husband and wife
as joint tenants, hereinafter referred to as "Owner".
RECITALS:
Owner is the owner of that certain real property situated in the City of Lodi, County of San Joaquin,
known as 1310 West Turner Road (APN 039-030-03) depicted in Exhibit A attached hereto and
incorporated herein by this reference and described as follows:
See Attachment 1
WHEREAS, the City has adopted Resolution of Vacation (Resolution No. 2009 -
attached as Exhibit B) to vacate a surplus portion of Loma Drive lying adjacent to Owner's parcel at
1310 West Turner Road; and
WHEREAS, Owner has obtained a building permit (Permit No. B08-1537) to remodel the
existing residence at 1310 West Turner Road; and
WHEREAS, Owner is required to install sidewalk along Loma Drive as a condition of
approval of said building permit; and
WHEREAS, Owner wishes to acquire the vacated right-of-way to remedy an encroachment
into the right-of-way by an existing garage and to provide the necessary setback to allow the
construction of a masonry wall along the Loma Drive frontage for privacy; and
WHEREAS, the existing wheelchair ramp at the southwest corner of the Turner Road/
Loma Drive intersection is not in compliance with current ADA standards;
NOW THEREFORE, it is mutually stipulated and agreed as follows:
1. Owner agrees to remove and replace, at Owner's expense, the existing wheelchair ramp at
southwest corner of the Turner Road/Loma Drive intersection in conformance with City
standards under the terms of an encroachment permit to be obtained from the Public Works
Department.
2. City agrees to present Owner with a grant deed for the vacated surplus right-of-way in
exchange for the above-specified improvements upon completion and acceptance by the City
of said improvements.
3. Owner agrees to assume responsibility for the maintenance of the existing street trees along
the Loma Drive frontage of Owner's parcel.
- 1 -
4. City agrees to allow the installation by the Owner or Owner's contractor of private landscape
and irrigation improvements that encroach into the remaining Loma Drive right-of-way to
facilitate the maintenance of the existing street trees under the terms of an encroachment
permit to be obtained from the Public Works Department.
5. Owner agrees to save, defend, indemnify and hold harmless the City, its officers, agents and
employees, from liability of any nature whatsoever arising from Owner's use or occupation of
the Lorna Drive right-of-way or City action requiring the removal and relocation of the
encroaching private landscape and irrigation improvements.
6. This agreement shall run with the land and be binding on the Owner, its heirs, successors or
assigns.
7. Herein is set forth the entire agreement between the parties. The performance of these
conditions constitutes full performance and shall relieve City of all further obligations or claims.
8. In the event either party hereto breaches the terms, conditions and covenants of this
Agreement, then the prevailing party in any suit to enforce this Agreement or restrain the
breach thereof, shall in addition to any other relief or damages awarded, be entitled to a
reasonable attorney's fee and all costs of suit to be set and determined by any court of
competent jurisdiction and added to any judgment obtained.
9. This agreement shall be recorded in the office of the San Joaquin County Recorder,
P. O. Box 1968, Stockton, California, 95201-1968.
IN WITNESS WHEREOF, Owner and City have caused their names to be hereunto affixed and the
City of Lodi has caused its corporate name and seal to be hereunto affixed by its proper officers
thereunto duly authorized.
Date
MICHAEL W. STALLINGS
PATRICIA STALLINGS
CITY OF LODI, A MUNICIPAL CORPORATION
in
(CORPORATE SEAL)
Blair King, City Manager Date
ATTEST:
Randi Johl, City Clerk Date
APPROVED AS TO FORM:
D. Stephen Sphwabauer, City Attorney
-2-
ExhibltA
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)ESIGN: ICE DRAWN BY: JR I A 1310 W. Turner Road
BAlJMBACH & PIAXZA, INC. nw
Attachment 1
BAU M BAC" H & PIAZZA, INC, Lodi, 323 a 9Elm o �ooa
CIVIL ENGINEERS • LAND SURVEYORS Phone (209) 368.661 s
Fax (209) 368.8610
www. bpenglneers. net
Legal Description
Mike Stallings
APN : 039-030-03
All that certain real property situated in the City of Lodi, County of San Joaquin, State of
California, and being more particularly described as foilows:
All of Lots 3 and 4, as shown on the Map entitled, "LAKE HOME SUBDIVISION" recorded
in Volume 11 of Maps and Plats, Page 30, San Joaquin County Records.
EXCEPT THEREFROM a portion of said Lot 4 and being more particularly described as
follows:
Beginning at the southeast corner of said Lot 4; thence North 67018'00" West, 1.36feet
along the south line of said Lot 4; thence North 00054'00" West, 129.80feet parallel
with the east line of said Lot 4; thence North 25004'39" West, 21.97feet; thence North
00054'00" West, 55.75feet parallel with said east line; thence North 51017'29" West,
12.75feet to the North line of said Lot 4; thence easterly along said North line along a
curve to the left having a radius of 1240.00feet, a central angle of 00 56' 42" , and an
arc length of 20.45feet to the northeast corner of said Lot 4; thence South 00054'00"
East, 218.18 feet along the east line of said Lot 4 to the point of beginning.
O O p
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* Exp.
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When Recorded, Return to:
City of Lodi City Clerk's Office
P.O. Box 3006
Lodi, CA 95241-1910
RESOLUTION NO. 2009-120
A RESOLUTION OF THE LODI CITY COUNCIL
VACATING A SURPLUS PORTION OF LOMA DRIVE
LYING ADJACENT TO PARCEL LOCATED AT
1310 WEST TURNER ROAD AND AUTHORIZING THE
CITY MANAGER TO EXECUTE AN AGREEMENT WITH
MICHAEL AND PATRICIA STALLING TO EXCHANGE
THE VACATED RIGHT-OF-WAY FOR PUBLIC
IMPROVEMENTS
WHEREAS, Michael and Patricia Stallings, the owners of 1310 West Turner
Road (the "Property"), have requested the vacation of a portion of a 20 -foot street
right-of-way dedicated to the City of Lodi on July 28, 1944, and more particularly
described in Attachment 1 and delineated on the attached map marked Exhibit A; and
WHEREAS, the right-of-way has not been used by the City for the purpose for
which it was dedicated or for any other use; and
WHEREAS, the Streets and Highways Code of the State of California §8333
provides that the legislative body of a local agency may summarily vacate a public
service 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 and the easement has been superceded by relocation and there are no other
public facilities located within the easement; and
WHEREAS, pursuant to the requirements of Government Code 327288.1, the
names of the owners of the title or interest in the Property as they appear on the latest
equalized assessment roll are:
Owners: Michael and Patricia Stallings
WHEREAS, in accordance with Streets and Highways Code 38300 et seq., it is
the desire of the City Council of the City of Lodi to vacate such street right-of-way; and
WHEREAS, the propertywithin the proposed vacation is owned in fee by the City
of Lodi and will not automatically revert to the adjacent property owners at 1310 West
Turner Road upon vacation; and
WHEREAS, the owners of 1310 West Turner Road wish to acquire the vacated
right-of-way to remedy an encroachment into the right-of-way by the existing garage and
to provide the necessary setback to allow the construction of a masonry wall along
Loma Drive frontage; and
WHEREAS, the existing wheelchair ramp at the Turner Road/Loma Drive
intersection if constructed today would not be in compliance with current Americans with
Disabilities Act (ADA) standards, and the property owners of 1310 West Turner Road
have offered Jo remove and replace the existing wheelchair ramp in exchange for the
vacated right-of-way; and
WHEREAS, the cost to the City to install a wheelchair ramp in conformance with
current ADA standards is approximately $10,000; and
WHEREAS, staff feels the owners' request is reasonable and is similar to past
practice whereby street improvements were provided by the City in exchange for
right-of-way dedications.
NOW, THEREFORE, BE IT RESOLVED by the Lodi City Council as follows:
1. That the 20 -foot street right-of-way located on the westerly side d
Loma Drive between Turner Road and the railroad be vacated; and
2. That from and after the date this resolution is recorded, such propertywill
no longer constitute a street right-of-way; and
3. That in exchange for the removal and replacement of the existing
wheelchair ramp located at the intersection of Turner Road and Loma Drive with an
ADA -compliant wheelchair ramp by the Property owners, the City of Lodi will transfer the
vacated right-of-way to the Property owners, Michael and Patricia Stallings.
Dated: September 2, 2009
-----------------------
-----------------------
I hereby certify that Resolution No. 2009-120 was passed and adopted by the
City Council of the City of Lodi in a regular meeting held September 2, 2009, by the
following vote:
AYES: COUNCIL MEMBERS— Hitchcock, Katzakian, and Mayor Hansen
NOES: COUNCIL MEMBERS— None
ABSENT: COUNCIL MEMBERS —Johnson and Mounce
ABSTAIN: COUNCIL MEMBERS— None
Z�Dl JOHL
City Clerk
2009-120
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Attachment 1
BAU M E3AC H fit PIAZZA, IIleCW 323 W. Elm tree
�o�cn 2Lodi,s
CIVIL ENGINEERS e LAND SURVEYORS Ph Fax (209) 388.8818
pax (20e) 388.6810
www.bpengineers.net
Legal Description
Mike Stallings
APN : 039-030-03
All that certain real property situated in the City of Lodi, County of San Joaquin, State of
California, and being more particularly described as follows:
All of Lots 3 and 4, as shown on the Map entitled, "LAKE HOME SUBDIVISION" recorded
in Volume 11 of Maps and Plats, Page 30, San Joaquin County Records.
EXCEPTTHEREFROM a portion of said Lot and being more particularly described as
follows:
Beginning at the southeast corner of said Lot 4; thence North 67018'00" West, 1.36 feet
along the south Line of said Lot 4, thence North 00054'00" West, 129.80 feet parallel
with the east line of said Lot 4; thence North 25004'39" West, 21.97 feet; thence North
00054'00" West, 55.75 feet parallel with said east line; thence North 51017'29" West,
12.75 feet to the North line of said Lot 4; thence easterly along said North line along a
curve to the left having a radius of 1240.00 feet, a central angle of 00 56' 42" , and an
arc length of 20.45 feet to the northeast corner of said Lot 4, thence South 00054'00"
East, 218.18 feet along the east Fine of said Lot 4 to the point of beginning.
ca
CD �o, L 7,689
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