HomeMy WebLinkAboutAgenda Report - December 16, 2009 D-06AGENDA ITEM b6
Ah CITY OF LODI
COUNCIL COMMUNICATION
AGENDA TITLE: Adopt Resolution Approving Improvement Deferral Agreement for
1820 South Cherokee Lane
MEETING DATE: December 16,2009
PREPARED BY: Public Works Director
RECOMMENDED ACTION: Adopt a resolution approving the Improvement Deferral Agreement
for 1820 South Cherokee Lane.
BACKGROUND INFORMATION: The owner of the property, Wine Country Parking, LLC, has
submitted a building permit application (#1309-1048) for a parking lot
located at 1820 South Cherokee Lane (APN 062-060-35), as shown
on ExhibitA.
The parking lot improvements required by the building permit include, but are not limited to, the
installation of curb, gutter, sidewalk, and landscape improvements, as well as adjustment of existing
utilities. The owner has requested that the required improvements be deferred since the improvements
have not been completed on the adjacent property to the south on Cherokee Lane. These deferred
improvements would be made when the adjacent parcel develops, unless needed at an earlier time.
The owner has signed an Improvement Deferral Agreement and paid the necessary document
preparation fee and recording fees for the Agreement. The Agreement, in part, states that the owner
agrees to pay for and complete the design and installation of the required improvements on
Cherokee Lane in accordancewith City Standards, including paymentfor engineering and other
applicable City fees.
Staff recommends approval of the Improvement Deferral Agreement.
FISCAL IMPACT: None.
FUNDING AVAILABLE: Not applicable. Improvement Deferral Agreement Fee ($1,810) and
recording fees have been paid by the owner.
F. Wallv San lin
Public Worksbirector
Prepared by Denise Wiman, Senior Engineering Technician
FWS/DW/pmf
Attachment
cc: Junior Engineer Boyer
APPROVED:
Blair King, O+�anager
K:\WPIDEV SER=C_DefAgmt1820 S Cherokee.doc 12/02/2009
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WHEN RECORDED, RETURN TO:
City Clerk
City of Lodi
221 West Pine Street
Lodi, CA 95240
IMPROVEMENT DEFERRAL AGREEMENT
1820 S. Cherokee Lane, Lodi, California
(APN 062-060-35)
THIS AGREEMENT is made and entered into by and between the CITY OF LODI, hereinafter
referred to as "City" and Wine Country Parking, LLC, A California Limited Liability Company,
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 1820 S. Cherokee Lane (APN 062-06-35) and described as follows:
The land referred to is situated in the County of San Joaquin, City of
Lodi, State of California, and is described as follows:
PARCEL ONE:
A portion of D. Kettleman Tract, in the City of Lodi, County of San
Joaquin, State of California, as per Map recorded in Volume 3 of Maps
and Plats, at Page 32, in the Office of the County Recorder of said
County, described as follows:
Beginning at a point on the North line of Lot 2 of said D. Kettleinan
Tract, said point being the Northeast corner of that certain 0.509 of an
acre parcel of land described in Deed to State California, recorded
September, 26, 1944 in Volume 902 of Official Records, at Page 20, San
Joaquin County Records; thence South 8'40'44" East, 369.50 feet, more
or less, along the East line of said State of California Property to the
South line of said Lot 2; thence South 88° 13' East, 176.48 feet along
said South line of Lot 2 to the Southwest corner of that certain parcel of
land in Deed to the State of California, recorded November 13, 1957, in
Volume 2016 of Official Records, at Page 185 , San Joaquin County
Records; thence North 9'27' East, 372.46 feet along the West line of
said State of California property last set forth Deed; thence North 88'13'
West, along the North line of said Lot 2 to the point of beginning.
EXCEPT that portion deeded to Leon A. Croce in Deed recorded June
14, 1971 in Book 3540, Page 118, of Official Records.
18205. Cherokee.doc
ALSO EXCEPTING THEREFROM any portion of said premises,
conveyed to State of California by Deed recorded September 26, 1944 in
Volume 902 of Official Records, at Page 20 and by Deed recorded
November 13, 1957 in Volume 2016 of Official Records, at Page 185.
PARCEL TWO:
Together with an easement for roadway purposes over the South 6 feet
of the West 148 feet of the following described property:
A portion of Lot 2, as shown upon Map entitled, D. Kettleman Tract,
filed for record May 27, 1905 in Volume 3 of Maps and Plats, at Page
32, San Joaquin County Records, described as follows:
Beginning at a point on the North line of Lot 2 of said D. Kettleman
Tract, said point being the Northeast corner of that certain 0.509 acre
parcel of land described in Deed to State of California, recorded
September 26, 1944 in Volume 902 of Official Records, at Page 20, San
Joaquin County Records; thence South 0°40' East along the East line of
said State of California property a distance of 111.00 feet; thence South
88°10'30" East, parallel with the North line of said Lot 2 a distance of
222.12 feet to the West line of that certain parcel of land described in
Deed to the State of California, recorded November 13, 1957, in Volume
2016 of Official Records, at Page 185, San Joaquin County Records;
thence North 9°27' East along the West line of said State of California
property a distance of 111.89 feet to a point on the Northerly line of said
Lot 2; thence North 88° 10'30" West along the North line of said Lot 2 a
distance of 241.80 feet to the point of beginning.
Building application (B09-1048) has been submitted to construct a parking lot on the subject
property. Installation of public improvements along Cherokee Lane are required as a condition
of permit issuance in accordance with existing City ordinances and policies regarding off-site
improvements as set forth in Title 15, Chapter 15.44 of the Lodi Municipal Code. Required
improvements include the installation of curb, gutter, sidewalk, landscape (turf and irrigation)
improvements and adjustment of existing utilities along the Cherokee Lane right-of-way fronting
the subject parcel. Owner is desirous of complying with existing City ordinances and policies
regarding off-site improvements. However, since the curb, gutter, sidewalk, landscape
improvements and adjustment of existing utilities have not been completed on the adjacent
properties on Cherokee Lane, Owner has requested that the required improvements be deferred.
Council of the City will approve the deferral of the required curb, gutter, sidewalk, landscape
improvements and adjustment of existing utilities on condition that the Owner first enter into and
execute this agreement with City.
NOW THEREFORE, in order to insure satisfactory performance by Owner of Owner's
obligations under said City Code, the parties agree as follows:
1820 S. Cherokee.doe
I . Owner agrees to pay for and complete the design and installation of the required
improvements on Cherokee Lane in accordance with City Standards, including payment for
engineering and other applicable City fees, at the time of development of adjacent parcels, or
at the request of the City, whichever occurs first.
2. Owners agrees to dedicate the necessary easements to allow construction of the said
improvements at the time such improvement installation is required.
3. Owner agrees to undertake the design and construction of the required improvements within
90 days after written notice is given by the City, and will complete the required
improvements within 180 days from the date of notice.
4. This agreement shall run with the land and be binding on the Owner, its heirs, successors or
assigns.
5. If Owner fails to complete the required improvements within the time period specified in
Item #3 above, the City is hereby authorized to complete the improvements at the expense of
Owner, and may file suit against Owner, its heirs, successors or assigns for the costs
incurred, as well as for a reasonable sum to be allowed as and for the City's attorney fees
incurred in connection with such litigation for the collection of the monies due or may file a
lien against said property for the costs incurred.
6. A copy of the Agreement shall be recorded in the office of the San Joaquin County Records,
P. O. Box 1968, Stockton, California 95201-1968.
7. All notices herein required shall be in writing, and delivered in person or sent by registered
mail, postage prepaid.
Notices required to be given to City shall be addressed as follows:
F. Wally Sandelin
Public Works Director
City of Lodi
P. O. Box 3006
Lodi, CA 95240-1910
Notices required to be given to Owner shall be addressed as follows:
Wine Country Parking, LLC
1820 S. Cherokee Lane
Lodi, CA 95240
1820S. Cherokee.doc
IN WITNESS WHEREOF, the parties hereto have set their hands the day, month and year
appearing opposite their names.
Dated:
Owner(s)
Dated:
APPROVED AS TO FORM:
D-4l"ien SC6W-alm re2', City Attorney
Dated: �. `I% 2009
1820 S. Cherokee.doc
CITY OF LODI, a Municipal Corporation
Attest:
Blair King, City Manager
Randi Johl, City Clerk
Wine Country Parking, LLC
A California Limited Liability Company
RESOLUTION NO. 2009-174
A RESOLUTION OF THE LODI CITY COUNCIL
APPROVING IMPROVEMENT DEFERRAL AGREEMENT
FOR 1820 SOUTH CHEROKEE LANE
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby
approve the Improvement Deferral Agreement for 1820 South Cherokee Lane between
the City of Lodi and Wine Country Parking, LLC; and
BE IT FURTHER RESOLVED that the City Council does hereby authorize the
City Manager to execute the Improvement Deferral Agreement on behalf of the City of
Lodi.
Dated: December 16, 2009
I hereby certify that Resolution No. 2009-174 was passed and adopted by the
City Council of the City of Lodi in a regular meeting held December 16, 2009, by the
following vote:
AYES: COUNCIL MEMBERS— Hansen, Johnson, Mounce, and
Mayor Katzakian
NOES: COUNCIL MEMBERS— Hitchcock
ABSENT: COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS— None
City Clerk
2009-174