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HomeMy WebLinkAboutAgenda Report - July 11, 1990 (51)y r 4 C0'6NC IL COMMUN ICA!"ION TO: THE CITY COUNCIL COUNCIL MEETING DATE: JULY 11, 1990 FROM: THE CITY MANAGER'S OFFICE SUBJECT: KETTLEMAN PROPERTIES REORGANIZATION INDICATED ACTION: Consider adopting the Resolution approving the Kettleman Properties Reorganization which annexes an approximate 52-.7°acres V the.- northeast corner of Beckman Road and East Kettleman Lane to the City and withdraws the area from .the Woodbridge Rural Fire Protection District. BACKGROUND INFORMATION: The Cit Council, upon the recommendation of the Planning Commission, previously certified an E.I.R. for the project and amended the General Plan and pretoned the area. The owners have signed the necessary agreement concerning City utility services and the payment of future municipal impact fees. Kettleman Properties conforms to the Annexation Policy adopted by the City Council earlier this year. J rB.HRO ER o evelopment Director CC9017/TXTD.01C June 28, 1990 RESOLUTION NO. 90-106 A RESOLUTION OF THE LODI CITY COUNCIL ORDERING THE KETTLEMAN PROPERTIES REORGANIZATION (LAFC 10-90) WITHOUT NOTICE AND HEARING, INCLUDING ANNEXATION TO THE CITY OF LODI, AND DETACHMENT FROM THE WOODBRIDGE FIRE PROTECTION DISTRICT. IN THE MATTER OF THE KETTLEMAN PROPERTIES RESOLUTION MAKING REORGANIZATION (LAFC 10-90) INCLUDING DETERMINATIONS AND ANNEXATION TO THE CITY OF LODI, AND ) ORDERING REORGANIZATION DETACHMENT FROM THE WOODBRIDGE RURAL ) WITHOUT ELECTION FIRE PROTECTION DISTRICT ) Section L RESOLVED, BY THE CITY COUNCIL OF THE CITY OF LODI that it eta ermines= a) Preliminary proceedings for the annexation of certain described non-contiguous, City -owned territory to the City -of Lodi were initiated by petition of property owners to the Local Agency Formation Commission of San Joaquin County, and on March 15, 1990, the Executive Officer certified the application filed for processing in accordance with the Local Government Reorganization Act. b) Thereafter, appropriate proceedings were conducted by said Local Agency Formation Commission and said Commission on May 25, 1990 adopted Resolution 784 approving the proposed annexation, subject to certain conditions. c) Resolution No. 784 of the Local Agency Formation Commission approving the proposed annexation also authorized the City of Lodi to take proceedings for annexation as the designated conducting agency in accordance with Section 57002(c) of the Government Code. Section 2. BE IT FURTHER RESOLVED, BY THE CITY COUNCIL OF THE CITY OF LODI P'1 4 W'1 a) That the proposal for annexation is ORDERED in accordance with Section 57002(b) of the Government Code of the State of California. 1. Kettleman Properties (non-contiguous) Annexation to the City of Lodi. 2. A description of said territory is attached hereto and made a part hereof, as though set out in full. Dated: July 11, 1990 I hereby certify that Resolution No 90-106 was passed and adopted by the City Council of the City of Lodi in a regular meeting held July 11, '199D by the following vote: Ayes : Council Membri - Olson, Pinkerton, Reid and Snider (Mayor) Noes : Council Members - None Absent: Council Membas - Hinchman Alice M. k e §c �4he City Clerk 90-106 .-"C r May 15, 1990 KETTLEMAN PROPERTIES ANNEXATION TO THE CITY OF LODI SAN JOAQUIN COUNTY, CALIFORNIA A portion of Sections 7 and 18, Township 3 North, Range 7 East, Mount Diablo Base and Meridian, more particularly described as follows: Beginning at the south quarter corner of said Section 7, said corner being in the center line of 50 foot wide Kettleman Lane; thence southerly along the north-southquarter section line through said Section 18, a distance of 25.00 feet to the south line of said Kettleman Lane; thence along said south line, North 87039151" West, 1131.08 feet to intersection with the east line of Beckman Road, said intersection being on the Lodi City Limits line; thence along said City Limits line, North 1°48'40" East, 56.73 feet to the intersection of the north line of said Kettleman Lane with the east line of Beckman Road; thence along the east line of Beckman Road and said City Limits line the following eight (8) courses: (1)North 37* 38140" West, 36.40 feet, (2) North 0027130" West, 49.67 feet, (3) northerly along a curve to the left having a radius of 328 feet, a central angle of 35027130" and an arc length of 202.99 feet, (4) North 35°55' West, 51.28 feet, (5) northerly along a curve to the right having a radius of 272 feet, a central angle of 40°20' and an arc length of 191.47 feet, (6) North 4025' East, 297.02 feet, (7) northerly along a curve to the left having a radius of 528 feet, a central angle of 5015142" and an arc length of 48.49 feet, and (8) North 0°50'42" West 1142.48 feet to the south line of the north -half of the north -half of the southwest quarter of said Section 7; thence leaving the east line of Beckman Road and continuing along said City Limits line the following three (3) courses: (1) South 87041140" East, 617.81 feet, (2) South 01003117" East, 350.0 feet, and (3) South 87041'40" East, 633.08 feet to the east line of the southwest -quarter of said Section 7; thence leaving said City Limit line, South 01003117" East along said east line of southwest quarter, 1655.07 feet to the point of beginning. Containing 52.7 acres, more or less. RECOV !E.`.DED APPROVAL AS TO/DES.NIPfIOft Ot. C._._::,c::c: County SufVtyot APPSDiED M �? 1 OE242SJ1 4 IZ CA. 'rC*lllA T 1NDUSTRIAL war BUSINESS PARK vivo i is WAT FERWN a wooDs 0, An VI PARK SITE S W /� JCE rrLEMAAf-z, PROPERTIES ',- XX ANNEX 7-0 THE-'�, -'c/ry OF LODI 52.7 Ac. Pr oF 8fGtVAf/,V6 aw- 4"3 1 118 TRA #A' REPRCUUMN OF THIS DOCUMW CANNM BE IMRUVM UE To THE COMMON OF THE ORIGINAL Scote:l 600 LN -k MEMORANDUM OF UND',RSTANDING PUBLIC IMPROVEMENT FEES THIS MEMORANDUM OF UNDERSTANDING is entered into this 29th day of JUNE , 1990, by and between DARYL GEWEKE, hereinafter referred to as "OWNER", and the CITY OF LODI, a municipal corporation, hereinafter referred to as "CITY". WITNESSETH: WHEREAS, OWNER is in the process of development of certain real property described as: Portions of Sections 7 and 18, Township 3 North, Range 7 East, Mount Diablo Base and Meridian, San Joaquin County, being more particularly described as follows: Commencing at the center of said Section 1, thence along the East line of the Southwest quarter of said Section 7, South oil' 03' 17" East, 1018.36 feet to the True Point of Beginning; thence continue South 010 03' 17" East, 1655.07 feet to the quarter section corner, thence --oath 25.0 feet to the South line of Y.ettleman Lane; thence along said South line North 870 39' 51" West, 1131.08 feet; thence North 10 48' 40" East, 56.73 feet; thence along the East line of Beckman Road North 370 38' 40" West; 36.40 feet; thence North 01' 27' 30" West, 49.67 feet; thence along a curve to the left having a radius of 328 feet, a central angle of 35" 271 30" and an arc length of 202.99 feet; thence North 350 55' West, 51.28 feet; thence along a curve to the ri ght having a radius of 272 feet, a central angle of 400 20' and an arc length of 191.47 feet; thence North 40 25' East, 297.02 feet; thence along a curve to the left having a radius of 528 feet, a central angle of 50 151 42" and an arc length of 48.49 feet; thence North 00 50' 42" West 1142.48 feet to the South line of the City of Lodi property; thence leaving said East line run along the South line of the City of Lodi property and the City limits South 87° 41' 40" East, 617.81 feet; thence leaving the City limits line run South 01° 03' 17" East, 350.0 feet; thence South 87' 41' 40" East, 63.08 feet to the True Point of beginning and containing 52.7 acres more or less. (Assessor Parcel Numbers 049-070-26-1 ) hereinafter "the 049-070-28-1 protect"; and 049-070-29-1 WHEREAS, the parcel of land upon which the project is proposed is now in the process of being annexed to the City of Lodi; and WHEREAS, certain deficiencies in the City's wastewater system have been identified by CITY as well as other infrastructure needs, including but not limited to water well and mains, storm drains, parks and other municipal buildings and facilities; and WHEREAS, CITY is in the process of adopting an improvement fee ordinance for CITY facilities described above, which are needed to properly Serve projects in the CITY; and VVEIEREAS, OWNER has agreed and is desirous of paying its fair share of such improvement fees, but wishes to continue forward on the project while the improvement fee ordinance is pending; NOW, THEREFORE, in consideration and furtherance of these premises, OWNER and CITY agree as follows: 1. OWNER, for itself and/or its successors or assigns, agrees to pay the improvement fees as established by CITY Is improvement ordinance which may be due by reason of the project, 2. OWNER specifically acknowledges that the purpose of this Memorandum of understanding is to allow the processing of OWNER's application for the project to continue, but that no connection to the CITY's wastewater system will be sought by OWNER until capacity for such connection exists, as determined by the Director of Public Works. 3. CITY shall continue processing OWNER' s application, utilizing this Memorandum of Understanding as the mitigation measure for any identified adverse impacts on ".ITY service system or 2 infrastructure caused by the project. 4. This Memorandum of Understanding shall be referenced in any discretionary approval issued by CITY in furtherance of the project. 5. OWNER and CITY agree that this Memorandum of Understanding shall be of no further force or effect should the Lodi City Council or Lodi Planning commission fail or refuse to approve any discretionary approval necessary for construction of the project. 6. This Memorandum of Understanding shall enure to the benefit of and be binding upon OWNER's successors and assigns. it may be recorded and shall run with the land. 7. OWNER acknowledges that this Agreement shall in no way purport to bind the discretionary authority of the Lodi City Council or Lodi Planning Ccamnission for any discretionary approval required for the project. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date set forth above. APPROVED AS TO FORM: B. W. MCNATT City Attorney A:CITYMOU OWNER' 6 �r� CITY: CITY OF LODI, a municipal corporation By THOMAS A. PETERSON CJ J. Manager 3 4 CITY COUNCIL JOHN R. (Randy) SNIDER, Mayor DAVID M.HINCHMAN Mayor Pro Tempore EVELYN M.OLSON JAMESW. PINKERTON. Jr. FRED M. REID CITY OF LODI CITY HALL. 221 WEST PINE STREEI CALL BOX 3006 LODI. CALIFORNIA 95241-1910 (209) 333-5634 TILECOPUR (.109)313-6791. July 20, 1990 Mr. Gerald F. Scott Executive Officer Loca1 Agency Formation Comission County Courthouse, Room 153 222 East Weber Avenue Stockton, CA 95202 Ff U� THOMAS A PETERSON City Manager ALICE M REIMCHE City Clerk BOB WNATT City Attorney Re: Kettleman Properties (LAFCO 10-90) Including Annexation to the City of Lodi and Detachment from the Woodbridge Rural Fire Protection District Dear Mr. Scott: Pursuant to the Commission's Resolution No. 784, the Lodi City Council, in action taken at its July 11, 1990 Regular Council Meeting, adopted Resolution Nb. 90-106 ordering the Kettleman Properties Reorganization, (LAFCO 10-90) following notice and hearing, including annexation to the City of Lodi and detachment from the Woodbridge Rural Fire Protection District. The City of Lodi issued and filed herewith, pursuant to your June 11, 1990 letter, a check in the amount of $250.00 payable to the State Board of Equalization covering the filing fee. Also, enclosed herewith please find six certified copies of the heretofore mentioned Resolution Nb. 90-106. Should you have any questions, please do not hesitate to call this office. Very truly yours, Alice M. Reimche City Clerk AMR/jmp Enclosures