HomeMy WebLinkAboutAgenda Report - November 4, 2009 D-11AGENDA ITEM 41%
' CITY OF LODI
COUNCIL COMMUNICATION
AGENDA TITLE: Adopt Resolution Repealing Resolution No. 2009-120 and Approving Vacation of
Surplus Portion of Loma Drive Lying Adjacent to Parcel Located at 1310 West
Turner Road and Authorizing City Manager to Execute Amended Agreement to
Exchange Vacated Right-of-wayfor Public Improvements
MEETING DATE:
PREPARED BY:
November4,2009
Public Works Director
RECOMMENDED ACTION: Adopt a resolution repealing Resolution No. 2009-120 and
approving vacation of surplus portion of Loma Drive lying adjacent
to parcel located at 1310 West Turner Road and authorizing the
City Manager to execute an amended agreement to exchange the
vacated right-of-way for public improvements.
BACKGROUND INFORMATION: On September 2,2009, the Council adopted Resolution No. 2009-120
to vacate a surplus portion of Loma Drive and authorized the
City Manager to execute an agreement to exchange the vacated
right-of-wayfor public improvements. Subsequentto the adoption of
the resolution, staff discovered that the legal descriptions attached to the resolution and the agreement
were incorrect. The corrected documents vacate the exact same area of land as intended in the original
documents and agreement. Staff therefore recommends the Council adopt the attached resolution and
authorize the City Manager to execute the attached amended agreement to reflect the correct legal
descriptions of the properties described therein.
FISCAL IMPACT: Not applicable.
FUNDING AVAILABLE: Not applicable.
JPav,,
F. Wally SAdelin
PublicWorks Director
Prepared by Denise Wiman, Senior Engineering Technician
FWS/DSW/pmf
Attachments
cc: Denise Wirnan, Senior Engineering Technician
Chris Boyer, Junior Engineer
APPROVED:
Blair King, anager
K:1WPWACATIMCC Abandonment 1310 W—Turner-revised.doc 1012912009
RECORDING REQUESTED BY )
AND WHEN RECORDED MAIL TO: )
City Clerk )
City of Lodi, City Hall )
221 Pine Street )
Lodi, CA 95241 )
APN: 039-030-03
ADDRESS: 1310 W. TURNER RD
(Space Above for Recorder's Use Only)
AMENDED 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) and incorporated herein by this reference
and described as follows:
All of Lots 3 and 4, Lake Home Subdivision, in the City of Lodi, filed for
record in Vol. 11 of Maps and Plats, page 30, San Joaquin County Records.
Excepting from said lot 4, the Easterly 20 feet thereof, as conveyed to City of
Lodi, a municipal corporation, by deed dated July 14, 1944, in Vol. 877 of
Official records, page 496, San Joaquin County Records.
WHEREAS, the City has adopted Resolution of Vacation (Resolution No. 2009 -
attached as Exhibit A) to vacate a surplus portion of Loma Drive lying adjacent to Owner's parcel at
1310 W. Turner Road; and
WHEREAS, Owner has obtained a building permit (Permit# B08-1537) to remodel the
existing residence at 1310 W. 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
-1-
standards underthe 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.
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 Loma 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 anyjudgment 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
-2-
MICHAEL W. STALLINGS
PATRICIA STALLINGS
CERTIFICATE OF ACKNOWLEDGEMENT OF NOTARY PUBLIC
STATE OF CALIFORNIA, )
COUNTY OF SAN JOAQUIN )
On before me, ,personally
appeared who proved to me on the
basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity
upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
(Signature of Notary Public) Seal
CITY OF LODI, A MUNICIPAL CORPORATION
10
(CORPORATE SEAL)
Blair King, City Manager Date
CERTIFICATE OF ACKNOWLEDGEMENT OF NOTARY PUBLIC
STATE OF CALIFORNIA, )
COUNTY OF SAN JOAQUIN )
On before me, ,personally
appeared who proved to me on the
basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity
upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
(Signature of Notary Public) Seal
ATTEST:
Randi Johl, City Clerk Date
APPROVED AS TO FORM:
Janice D. Magdich, Deputy City Attorney ` Date
- 3 -
REVISED ATTACHMENT 1
SAUMBACH & PIAZZA, INC. Lodi, rest
, CA 9a 40
(209) 968-6618
CIVIL ENGINEERS* LAND SURVEYORS Phone
Pax (209) 368-6610
www.bpengineers.net
Legal Description
City Abandonment
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:
The east 20 feet of Lot 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, 1.36 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, 21.97feet; 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 1240.00feet, 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, 218.18feet along the east line of said Lot 4 to the point of beginning.
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S:\ProJects\2009\09004-1\doc\STALLINGS—Legal.doc
When Recorded, Return to:
City of Lodi City Clerk's OL-,
P.O. Box 3006
Lodi, CA 95241-1910
RESOLUTION NO. 2009-155
A RESOLUTION OF THE LODI CITY COUNCIL REPEALING
RESOLUTION 2009-120 AND 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 AMENDED
AGREEMENT WITH MICHAELAND PATRICIA STALLING TO
EXCHANGETHE VACATED RIGHT-OF-WAY FOR PUBLIC
IMPROVEMENTS
WHEREAS, the Council hereby repeals Resolution No. 2009-120; and
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 the revised Attachment 1; 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 $27288.1, 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 $8300 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-wayto 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 Drivefrontage; and
WHEREAS, the existing wheelchair ramp at the Turner Road/Loma Drive
intersection if constructed today would not be in compliance with current ADA standards,
the property owners of 1310 West Turner Road have offered to 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 of
Loma Drive between Turner Road (as described in revised Attachment 1) and the
railroad be vacated; and
2. That from and after the date this resolution is recorded, such propertywill
not 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: November 4, 2009
I hereby certify that Resolution No. 2009-155 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held November 4, 2009, by the following
vote:
AYES: COUNCIL MEMBERS — Hitchcock, Johnson, Katzakian, and
Mayor Hansen
NOES: COUNCIL MEMBERS —None
ABSENT: COUNCIL MEMBERS — Mounce
ABSTAIN: COUNCIL MEMBERS — None
L
City Clerk
2009-155
REVISED ATTACHMENT 1
AU BACH & P IAZZAv INC. 323 W. Rim &tree
Lodi, CA 05340.2003
CIVIL ENGINEERS • LAND SURVEYORS Phone (209) 368.61s
Fax (209) 368.66610
www.bpengineers.net
Legal Description
City Abandonment
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:
The east 20 feet of Lot 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 4 and being more particularly described as
follows:
Beginning at the southeast corner of said I of 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 51111729" West,
12.75 feet to the North line of said Lot 4; thence easterly along said North ie 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 00°5j4`00"
East, 218.18 feet along the east line of said Lot 4 to the point of beginning.
S:\ProJects\2009\09004-1\doc\STALLINGS—Legal.doc
DECLARATION OF MAILING
LETTERAND RESOLUTION TO SUMMARILY VACATE SURPLUS PORTION OF LOMA
DRIVE LYING ADJACENT TO PARCEL LOCATEDAT 1310 WEST TURNER ROAD
On December 8, 2009, in the City of Lodi, San Joaquin County, California, I deposited in the
United States mail, envelopes with first-class postage prepaid thereon, containing letter and
resolution to summarily vacate surplus portion of Loma Drive lying adjacent to parcel located at
1310 West Turner Road, attached hereto Marked Exhibit A. The mailing list for said matter is
attached hereto, marked Exhibit B.
There is a regular daily communication by mail between the City of Lodi, California, and the
places to which said envelopes were addressed.
declare under penalty of perjurythat the foregoing is true and correct.
Executed on December8,2009, at Lodi, California.
NIFER tj. ROBISON, CMC
ASSISTANT CITY CLERK
Forms/decmail.doc
ORDERED BY:
RANDIJOHL
CITY CLERK, CITY OF LODI
MARIA BECERRA
ADMINISTRATIVE CLERK
Is] IVK914I1P►rel II
PHILKATZAKIAN, Mayor
SUSAN HITCHCOCK,
Mayor Pro Tempore
LARRY D. HANSEN
BOBJOHNSON
JOANNE MOUNCE
CITY OF LODI
TO: Interested Parties
CITY HALL, 221 WEST PINE STREET
P.O. BOX 3006
LODI, CALIFORNIA 95241-1910
(209) 333-67021 FAX (209) 333-6807
www.lod1.gov cityclerk an.lodi-c ov
December 7,2009
BLAIR KING, City Manager
RANDI JOHL, City Clerk
D. STEPHEN SCHWABAUER
City Attorney
VACATION: TO SUMMARILYVACATE SURPLUS PORTION OF LOMA DRIVE
LYING ADJACENT TO PARCEL LOCATED AT 1310 WEST
TURNER ROAD
This is to inform you that the City Council, at its regular meeting on November 4,
2009, considered the above matter and declared the area summarily vacated and
abandoned.
Enclosed for your information is a certified copy of the recorded resolution along
with a description of the abandoned area.
Should you have questions regarding the abandonment, please contact the
Public Works Departmentat (209) 333-6706.
i Johl
City Clerk
RJ/jmr
Enclosure
cc: Public Works Department
vacation/corresp/1ResVacation2.doc
Doc #: 2009-162134
Mon Nov 09 10:27:05 PST 2009
When Recorded, Return to: Page: 1 of 3 Fee: $0
City of Lodi City Clerk's Office Kenneth W Blakemore
P.O. Box 3006 San Joaquin County Recorders
Lodi, CP. 95241-1910 Paid By: SHOWN ON DOCUMENT
RESOLUTION NO. 2009-155 1111 L211 P.,42-6111 T11 C11441111.11111
A RESOLUTION OF THE LODI CITY COUNCIL REPEALING
RESOLUTION 2009-120 AND VACATING A SURPLUS
PORTION OF LOMA DRIVE LYING ADJACENT TO PARCEL
LOCATED AT 1310 WEST TURNER ROAD AND AUTHORIZING
THE CITY MANAGERTO EXECUTEAN AMENDED
AGREEMENT WITH MICHAELAND PATRICIA STALLING TO
EXCHANGE THE VACATED RIGHT-OF-WAY FOR PUBLIC
IMPROVEMENTS
WHEREAS, the Council hereby repeals Resolution No. 2009-120; and
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 the revised Attachment 1; 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 §27288.1, 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 §8300 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 property within 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-wayto remedy an encroachment into the right-of-way by the existing garage and
to provide the necessary setback to allow the construction cf 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 ADA standards,
the property owners d 1310 West Turner Road have offered to 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 of
Loma Drive between Turner Road (as described in revised Attachment 1) and the
railroad be vacated; and
2. That from and after the date this resolution is recorded, such property will
not 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 Lorna 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: November 4, 2009
-------------------------------------------------------------------
-------------------------------------------------------------------
I hereby certify that Resolution No. 2009-155 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held November4, 2009, by the following
vote:
AYES: COUNCIL MEMBERS— Hitchcock, Johnson, Katzakian, and
Mayor Hansen
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS— Mounce
ABSTAIN: COUNCIL MEMBERS— None
L
City Clerk
The toreguing QOCUrhelll i9 :Q (3p a u, i
copy of the original on file in the City Clerk'soffic;e•
Jennifer M. Robison
Assistant City Clerk, City of Lodi
2009-155
lliilij
x
323 W. Elm Streetd Lodi, CA 95240.2003
CIVIL ENGINEERS A LAND SURVEYORS Phone (209) 368-6618
Fax (209) 368-6610
www.bpengineers.net
Legal Description
City Abandonment
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:
The east 20 feet of Lot 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 4 and being more particularly described as
follows:
Beginning at the southeast corner of said Lot 4; thence North 67°18'00" West, 1.36 feet
along the south line of said Lot 4; thence North 00154'00" West, 129.80 feet parallel
with the east iine 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 51°17'29" 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 00°54'00"
East, 218.18 feet along the east line of said Lot 4 to the point of beginning.
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S: \Projects\2009\09004-1\doc\STALLIN GS_Legal,doc
VACATION / ABANDONMENT
MAILING LIST
RESOLUTION OF INTENTION (Setting Public Hearing)
Certified copy w/cover letter to
PG&E
12 W. Pine Street
Lodi, CA 95240
Certified copies to:
DeniseWiman, PublicWorks
Wes Fujitani, PublicWorks
AT&T Community Development Department
6505 Tam O Shanter Drive
Stockton, CA 95210 Police Department
AT&T California Fire Department
Attn: Engineering/Public Works Dept.
2300 E. Eight Mile Road
Stockton, CA 95210
Central Valley Waste Services
P.O. Box 241001
Lodi, CA 95241-9501
Chief Deputy County Surveyor
Attn: Joe Bussalacci
1810 E. Hazelton Avenue
Stockton, CA 95205
RESOLUTION OF VACATION (After Public Hearing)
Certified copy w/cover letter:
PG&E
AT&T
Pacific Bell
Central Valley Waste Services
Chief Deputy County Surveyor
DeniseWiman, PublicWorks
Wes Fujitani, PublicWorks
Community Development Department
Police Department
Fire Department
vacation/misc/mailist.doc