HomeMy WebLinkAboutAgenda Report - October 5, 1988 (42)PREPARED BY: City Attorney
BACKGROUND INFORMATION: A the Council is aware, the City is in the process
of acquiring property for the project generally
referred to as the C -Basin park. In order to deal
with various interests, the park plan was redesigned, which resulted in the
necessity or desirability of acquiring a portion of property to the east of
the original location, belonging to the Parker -Briggs family. Although some
increased costs resulted from this redesign, Mr. Geweke has indicated his
willingness to absorb the additional costs in order to satisfy his needs for a
600 -foot deep frontage on Beckman Road.
The owners of the adjacent Parker -Briggs land have indicated a willingness
to sell the necessary land at the same price agreed upon in the
Geweke-Kettelman transaction, as long as the park which was created is named
"The Reuben and Mary Pixley Park". This proposal has not met a broadly
favorable
C
0 U N' C
I I_ C O M M U P I C A
T 1 0 N
T0. THE CITY
COUNCIL
other
COUNCIL
MEETING DATE
FROM: THE CITY
MANAGER'S
OFFICE
OCTOBER
5, 1988
SUBJECT: ADOPT
A STAFF
REPORT
ON NEGOTIATED ACQUISITION
OF PARKER/BRIGGS AND KETTELMAN
PROPERTIES, OR
IN THE
ALTERNATIVE, TO SET A DATE FOR CONSIDERATION OF ADOPTION
OF A
RESOLUTION
OF NECESSITY
appears that
PREPARED BY: City Attorney
BACKGROUND INFORMATION: A the Council is aware, the City is in the process
of acquiring property for the project generally
referred to as the C -Basin park. In order to deal
with various interests, the park plan was redesigned, which resulted in the
necessity or desirability of acquiring a portion of property to the east of
the original location, belonging to the Parker -Briggs family. Although some
increased costs resulted from this redesign, Mr. Geweke has indicated his
willingness to absorb the additional costs in order to satisfy his needs for a
600 -foot deep frontage on Beckman Road.
The owners of the adjacent Parker -Briggs land have indicated a willingness
to sell the necessary land at the same price agreed upon in the
Geweke-Kettelman transaction, as long as the park which was created is named
"The Reuben and Mary Pixley Park". This proposal has not met a broadly
favorable
response. On
one hand, the Pixley name apparently is
not widely
recognized
from a local
historical perspective. a the
other
hand,
the
present owners of this land ( Parker---'ri ggs) feel that the land
is
worth more
than the
$26,200 per acre
presently anticipated as a
sales
price,
and
therefore
feel they are
making a substantial donation or
accommodation
in
exchange for naming the
park after their ancestors. I t
appears that
the
naming of
the park is the
only remaining point of contention.
The proposed agreement between Mr. Geweke and the City, which will be
distributed to the C. unci 1 prior to consideration of this agenda item, spells
out Mr, Geweke's agreement to indemnify the City far the increased costs of
constructing the park based on the redesign to accommodate his needs, and
other incidental costs as enumerated. The Geweke and Kettelman interests have
expressed no concern one way or another over the naming of the park.
On the other hand, if the Council finds it unacceptable to name the park after
the Pixleys, but still desires to move forward promptly with the ccnstruction
of the redesigned plan, it may be necessary to commence condemnation of the
Parker -Briggs land in order to keep the project moving forward in a timely
fashion. Gerald Sperry, attorney for the Geweke interests, has stated that
114 Geweke would be willing to agree in advance to pay whatever value was
established for the property in the condemnation action, and to pay the
attorney's fees for M r. Sperry to participate as co -counsel in the
condemnation action, should that be required.
CITY COUNCIL COMMUNICATION OCTOBER 5, 1988
RE: C -BASIN
Page TAo
Time has become an element i n this project. The option held by Mr: Geweke
from the Kettelmans to purchase the property apparently expired in May of this
year, and has been held open on a verbal agreement. However, Bob Elliot, the
Kettelman's at Corney, has indicated that i f the matter does not move forward
promptly, the Kettelmans would have to reconsider the proposal, and would be
seeking another appraisal to establish the present value of the land.
RECOMMENDATION: There appear to be two options available to the
Council in this matter; first, if the Council is
agreeable to naming the C -Basin park "The Reuben and
Mary Pixley Park", the matter can probably be disposed of quickly since Nt
Geweke has indicated his willingness to pay the additional costs involved in
the land acquisition and redesign. However, if the Council does not desire to
name the park after the Parker -Briggs ancestors, it may be necessary to
acquire the property by condemnation if the Council wants to build the park as
redesigned. In that event, the Council should, at this meeting, set a date to
consider the adoption of a resolution of necessity in order to commence
eminent domain proceedings. It is recommended that the second meeting in
November be designated for that purpose if this is the option the Council
desires .
Respectfully submitted,
BOB McNATT
City Attorney
BM _vc
CCCBASIN.S/TXTA.OIV
V�
C O U N C I L C 0 M M U N I C A T 1 0 N
TO: THE CITY COUNCIL
FROM: THE CITY MAXACIM OFFICE
COUNCIL MEETING DATE
OCTOBER 5, 1988
AGENDA TITLE: ADOPT A STAFF REPORT ON NEGOTIATED ACQUISITION OF PARKER/BRIGGS AND
KETTELMAN PROPERTIES OR, IN THE ALTERNATIVE, TO SET A DATE FOR
- CONSIDERATION OF ADOPTION OF A RESOLUTION OF NECESSITY
PREPARED BY:
City Attorney
BACKGROUND INFORMATION: At the Council meeting of September 28, 1988, the
City Attorney was directed to explore possible
disposition of the matter involving redesign of and
land acquisition for the C -Basin park on Beckman Road.
As the Council will recall, the original design of the park was modified
somewhat to accommodate the desires of Daryl Geweke, who wished to acquire
adjacent property from the Kettelman family. A second plan was drafted,
which has been found by the Parks and Recreation Department to be preferable
to the original design. However, the redesign involves placing the park east
of the existing Basin on land which presently belongs to the Parker/Briggs
family.
The Parker/Briggs family has stated they are willing to sell the necessary
land to the City of Lodi for the same amount as that paid by INA Geweke to the
Kettelmans ($26,260 per acre), but as a condition, wish the park to be named
"Rueben and Mary Pixley Park" in honor of the Parker/Briggs ancestors.
This condition has not been universally endorsed
by parties
involved, who
point
out that parks are traditionally named
to honor families
who donate the
land,
not simply sell it to the public
entity.
However, the
Parker/Briggs
family
believes their land is worth over
twice the
amount per acre paid by 114
Geweke
to the Kettelmans for adjacent
land, and
thus they
feel they are
making
a substantial donation toward the
park.
After consultation and negotiation with Attorneys Lewis Hawkins,
representing the Parker/Briggs interest , Gerald Sperry representing T)&
Geweke, and Robert Elliot on behalf of the Kettelmans, there appear to be
three workable options available:
OPTION 1:
Abandon plans to expand the C -Basin, and construct a park. This does not
appear practical based on the City's needs and Council's desires as
heretofore expressed.
' CITY COUNCIL COMMUN I CA 1 ION
OCTOBER 5, 1988
PAGE TWO
OPTION 2: w
Execute a four -party agreement in which the City agrees to build the
revised plan and rrame the park "Rueben and Mary Pixley Park". Under
this scenario, the Parker/Briggs family will accept the same amount per
acre (526,26C per acre), Mr. Geweke will agree to pay the additional costs
of the redesigned plan, and the Kettelmans will sell the land necessary
to the City and to IA Geweke. Tentative negotiations indicate this is
acceptable to the Kettelmans and Mr. Geweke.
The only real hurdle left under this option is the willingness of the
Council to name the park after the Pixley family. If that is agreeable,
then this appears to be the most viable option.
OPTION 3:
the
City Council
that the second
design is preferable for municipal needs,
Under
this option, should
the
Council decide against naming the
park after
the Pixley family, and
the
Briggs/Parker family will not
voluntarily
sell
the land otherwise,
the
Council may wish to set a date for a hearing
on a
resolution of necessity
to acquire the land by eminent
domain. If
this
is done, Nt Geweke
has
indicated his willingness to pay
the ultimate
value
of the land as determined
in litigation, as well as
costs of an
associate
lawfirm for the
litigation.
Before this is done, however, a finding should be made by
the
City Council
that the second
design is preferable for municipal needs,
and
not adopted
primarily to accommodate Nk Geweke. The
City may not
use
its eminent
domain powers
to acquire land simply
to assist private
interests.
However, if the
second design of the park
is preferable
from
a municipal
standpoint, the
fact that Mr. Geweke is
an incidental
beneficiary is
unimportant .
The desirability of this option should be weighed against the risks
inherent in litigation. If found preferable, the Council should set the
hearing on the resolution of necessity for the November 2, 1988 Council
meeting .
a the other hand, if the second option (naming the park after the Pixley
family) is decided upon, a resolution authorizing the City Manager and City
Clerk to execute the necessary documents for acquisition of the land, and
designating the site "Rueben and Maty Pixley Park" should be brought back
for adoption at the October 19, 1988 Council meeting.
Respectfully submitted,
a
BOB McNATT
City Attorney
BM :vc
CCCBASIN.6/TXTA.01V
History of the Rueben Pixley Family
As taken from the Pixley Family Bible and other clippings
found and taken from Lodi local papers at the death of different
members cf the family. i
September 4, 1.988 the following was written by Henry Russell
irlg�. C:IE' OF t?[' I?E't;hE?wS C;f t [?E? f'•E'libE`n c nC, tfary R?'].cgs P1X.lE'y
family.
.Theron. Pixley who was the father of Reuben Pixley was bore?
October 29, 1814, in the State of t;ichi.gan. to was married to
Sarah, in Oaklan-. County, City of Groveland, State of Michican on
February 6, 1.839.
Theron Pixley came to California in the year 1849 and bought
land southwest of Lodi where Micke's Grove Park now stands. We
are presenting a map of this beautiful park to snow that there is
a slough runni.?g through it. named in donor of Theron Pixley and
is now known as Pixley Slough.
Theron Pixley returned east in 1852-
H i s
852.
His son Reuben Pixley was born March 2, 1842, a native of
Michigan. He came to San Joaquin County in 1856 and settled on
his father's farm which had been taken in 1849 (where Micke's
Grove is now}. To get to California he came via the Isthmus of
Panama by a sailboat from New York and from Panama by sailboat to
San Francisco.
He farmed this land until the Civil War broke out and then
enlisted in the U.S. Army and was sent to Salt Lake City where he
was maintained in quarters for 4 years before returning to San
Joaquin County where he purchased 160 acres close to the City of
Lodi and built a two story house on the property and lived there
raising hay and grain and keeping stock.
I have visited my Uncle Reuben and Aunt Mary many times both
when they lived on Kettlemen Lane and when living at 712 Cherokee
Lane and have talked to Uncle Reuben about his Civil War days in
the army. He said they marched his contingent from Stockton,
Sacramento by foot to Nevada where they were in charge of
protecting the siItrer and gold fields and the pack trains
carrying there minerals east where the proceeds were used to
maintain the armies of the North in the war with the South. In
the march t o Nevada he said he wore out his shoes, damaged his
feet, ana after being discharged from the army was given a
pension for life.
When he lived on
Kettlemen
Lane after his marriage to
my
Aunt Mary Jane Briggs in
Modesto
in 1868, my parents Delbert
and
Rose Briggs took me to
their
home via Southern Pacific
to
'.. ::a. ' n.o-'ivM:�>.. y'.: .5 ..:,. ... ':.....:'. ...n ..: <,. vsnC A��. I ✓-n.? ...i .+i'At t..,-"�i.,: ri �...1-- iC.. ,S".S.Si^"'. �. '.:w.N:'M! _ ... .. ......
Lathrop. From t -ere to Stockton and from Loere to Lodi via the
3rd rail traction en^,ine setting off at. hettle_:nen and walking the
I I 4 I mile west to their t,ti•:o story home where we spent Christmas.
The year was 1904.
By this time the land around Lodi had been planted to fruit
trees, cherries, plums and grapes principally Tokay and Zinfandel
of which 20 acres of his 160 acres were planted in Tokay in 1898,
and 20 acres of Zinfandel which are now in the year 1388 still
vigorous and i n good health being now known as the Whittaker' s
Vineyard just south of Vire arid bordered on the east by the
future extension of Myrtle Avenues. Four plus acres on the west
bounC:ary of this vineyard is the part of the .,'hittaker Vineyard
that the City of Loci is now seeking to improve the proposed park
adjacent to the "C Drainage Basin".
[while cn this 160 acre farm which later was planted all to
vine and fruit trees, Reuben and Mary Briggs Pixley became the
parents of three children: Silvia Etta Pixley, bore May 30, 1875
and died October 19, 1877; Gra Emma Pixley, born September 17,
1880 and died April 14, 1973; and Chester Briggs Pixley, born
January 4, 1883 and died February 19, 1904. The above names and
dates were taken from the Pixley Bible.
The death of Chester was quite tragic, He was corning in
from pruning with the pruning shears over his shoulders. They
slipped off and struck him in the right heel causing lockjaw from
which he died the next day at the age of 21. His father Reuben
Pixley had gone to the County Seat in Stockton to grant him a
deed to part of the ranch of this day to find his son in this
condition as a result he never received his inheritance as his
other sister Ora Pixley Whittaker. Sometime before 1918 the
Pixley family moved to a home at 712 Cherokee Lane and farmed
part of the land which was of the 160 acres owned when 'Living on
Kettlemen Lane and took in the 40 acres of vineyard on the corner
of Vine and Myrtle Avenues and is a part of the acreage before
mentioned as the 4 plus acres that the City of Lodi now seeks to
annex to the new park which we the remaining heirs hope the City
of Lodi will feel as ,Ae do shall be named Pixley Pioneer Park.
On May 9, 1905, Reuben and Mary Pixley's daughter Ora E.
Pixley was married in Lodi to Marion William Whittaker lovingly
known to the people of Lodi as "Bill". It is not known to me for
sure just whene the family moved to Cherokee Lane but when they
did, Reuben built the two story home there and also a smaller
home for Ora and Bill next door at 714 Cherokee Lane. From then
Oil Bill farmed and managed the vineyards, some already planted as
noted before in this manuscript which would also include the
vineyard now known as the Whitaker Ranch on corner of Vine and
Myrtle Avenues.
Bill Whittaker no doubt may well Setter be remembered by the
present citizens of Lodi than would Reuben Pixley, he having been
a far older pioneer of the area.
Reuben, however, was well know!] in his day, having died in
August 15, 1927, by his chronie=s of Civil War days who met. at
local gatherings in Lodi and also which members of his Lodge
I.O.O.F. and the Hartford Post Grand Army of the Republic of
which he was a charter member. Pill Whittaker a member of the
Masonic Lodge and Shriner died August 15, 1950 leaving all of the
Whittaker Pixley property to his wife Ora Pixley Whittaker,
Ora Pixley Whittaker in `ger owr: right was a well known lady
of Lodi taking part in the activities of the liartford Post No.
155 Grand Army of the Reputlic of which she was assistant.
adjutant and by a clipping fror. the Oakland Tribune dated January
8, 1930 was given the honor of being the first woman to have the
distinction of being a member of the Grand Army of the Republic.
Mrs. William Rose of Wibasil, Indiana was to be the second woman
in the United States to thus hionored.
The above taken from clippings found in Lodi and San
Francisco newspapers.
At the death of Ora Pixley Whittaker on April 14, 1973,
Stanton R. Briggs, Mildred Briggs Parker, and Henry Russell
Briggs were named in' her Will as benefi,:iaries to the 40 acre
vineyard known now as tho Nhittaker Ranch on the corner of Vine
and Myrtle Streets.
At the death of Stanton Briggs and his wife Kitty, their
share became, by their Will, the property of Stanton's sister
Mildred Briggs Parker. Some years ago, Henry Russell Briggs
deeded his share of said property to his two sons, James R.
Briggs and Robert 0. Briggs and to his three grandchildren Jo—
Lynne, Jeffrey and Judith Briggs. The property is now in their
names, the Mildred Parker share being 2/3 and the remaining
undivided 1/3 in the names above who are the descendants of Henry
Russell Briggs.
To the best of my ability, I have written all of the above
consisting of 3 pages and attest it to be true and of great
historical value. Most of which has been taken from the Pixley
Bible and other clippings frcm the Lodi paper and also to my
persona! knowledge of events that happened.
To this I attest in the name of God. Born in Modesto,
California on July 10, 1898.
Yl -
Henri Russell Briggs
0r W 7Ir
Mrs. Ora Emma Pixley
Whittaker, 92, of 9 S.
California St., died Saturday
morning in a local hospital
after an extended illness.
A native o' Lodi, she was the
daughter of the late Reuben
and Mary Jane Pixley,
pioneers of this area. Born on
tl:e Pixiey Ranch on old
Cherokee Lane. she attended
Lodi elementary schools and
was a graduate of Lodi High
School. On May 9, 1905, she
was married to Marion
William "Bill" Whittaker. a
prominent Lodi vineyardist
who died in 1950.
Mrs. Whittaker is survived
by three cousins, Mrs. Mildred
K. Parker ofStockton, Stanton
R. Briggs and H. Russell
Briggs of Modesto.
She was a 50 year member of
the Lodi Chapter No. ISO,
Order of Eastern Star; of the
ZoA Travel Club; the Lodi
Whist Club; the Lodi Mo Club
and the Lodi Wwml s Club.
Funeral services will be held
at 11 a.m. Tuesday in the
chapel of the Gierhart and
Wells Funeral Home.
Burial will be at Lodi
Memorial Cemetery.
a.r.�l� I E GROVE PMicke Grove Park b Zoo
259 Acre Park
'Loo
Swimming Pool
Softball Diamonds
Horseshoe Pits-
Picnic/BBQ Areas
Banquet/Meeting Facilities
Historical Museum
* Japanese Garden b Pavilion
Rose Garden
* Camellia Garden
Playgrounds
* Drinking Fountains
Concession Stand
* Restrooms
. •M.1 -1•7M..
am am 011111 fts am
�\
aA.Der
{ tAY1t10r 1; •
LOCATION: Five miles north of
Stockton, between Stockton and
Lodi. One—half mile vest of
Highway 99 or three miles east of
I-5, cake Eight Mile Road to Micke
Grove Road.
GROVE
lou
DArttu. ru[',PARK POLICIES
\ -Dogs and cats permitted on leash
00
.w,DlroL ' /� \� only. No pets allowed in the zoo.
*10/ � \ % � -Fires permitted In designated
t ® sites only.
W&)Treat nature with respect. Do
not damage or remove park plants
elllv�'4'
f:i'1 • ..1r or animals.
Keep motor vehicles on paved
areas. No parking on grass,
w. .` •v I ru{[uM 1 walkways, or trails.
i t .. i�»..µ • - Solicitation is prohibited on
Mry
park property except by permit.
Possession of firearms or other
dangerous weapons is prohibited
/ .....
within and adjacent to the parka.
• MICR{ a{OYt "0{0 . .- Dispose of litter and rubbish in
AlMAIN ENTRANCE designated containers.
r..1.+Mlck• drove Park i Zoo. 11793 N. MlcP* Grove Rd, Lodi, CA 96240wr �
i
MI CKE
GROVE
P
757,M; : o Arx�i t r z ,,� ,a • - ! r`s„
s 5 �
""-Micke Grove legacy
V; . . . H-- - of nweratinc,'""~
IfISTORY : In 1938,
a 65 -acre oak grove
was deeded to the
L
r'. county for
.,�.� recreational use by
Lodi philanthropist
:.4:A ' William George
Micke and his wife, Julia.
Motivated by a concern for the
environment and a sharing nature,
Micke established a memorial
building activity center dedicated
to his wife, a swimming pool, and
a zoo.
Micke Grove Park has since grown
to encompass 259 acres.
- Camellia Garden donated by K.
0. Nester.
- Micke Grove Zoo housing
seals, lions, tigers, bears,
monkeys, and a large collection of
birds from around the world. A new
environmentally designed exhibit
features rare and endangured
animals of the tropical forests
including the golden lion tamarin
monkey.
Micke Grove 'Loo plays an imporoatt
roll in wildlife education,
recreation, consetvatlon and
animal studies wits
various special
programs.
Assistance for many
of its projects is
provided by the San
Joaquin County
"Zoological Society.
Donations and
volunteer services
may be arranged by
i 1
- Japanese Carden
donated by the
Japanese American
Citizens League.
The garden was
designed by Nagao
Sakurai,
Superintendent of
the Imperial Palace
Carden in Tokyo for
20 years.
Complimenting the tranquil garden
is a newly completed Japanese
Pavilion available for public use
on a rental basis.
The Japanese Carden is open
periodically for tours. Coll
463-0578 for docent guided tours.
- San Joaquin County Historical_
Museum overseen by the county
Historical Society, the museum is
dedicated to the preservation of
agricultural history. A tool and
tractor collection, a nature walk
and a tree and vine building are
some of the featured attractions.
To reserve any of the park
facilities, call (209)953-8800 ,
or (209) 331-7400 Monday through
Friday, from 8:00 a.m. t:> ,:00 p.m,
HOURS: Mlckc (.[UVC Pa:Y. is open
trom 8:00 a.m. to dusk dally,
Mickc Grove Zoo is op,.r 1ru� lO:GtJ
a.m. to 5:00 p.m. daily. Frog,
April through Scpteuie r, weekend
zoo hours are extended to 7:00
p.m. (Friday, Saturday, Sunday and
major hulldays). Call the zoo at
(209) 953-8,�•'.0 or 331-7270,
Micke Grove Swimming pool is open
from Memorial Day through Labor
Day. Pool days and hours are:
Tuesday through Sunday, noun to
6:00 p.m. During the suu—cr call
331-7277.
Currently, only 65 acres are
contact ng tae zoo The museum is open Wednesday
office. through Sunday from 1:00 p.m. to The San Joaquin County Department
developed with,axpansion projects
underway in several locations. 5:00 p.m. Call 368-9154 for more of Parks and Recreation receives
accrual information. S Federal funds. All of its public
The nucleus for many Community events, the. park draws Julia Harrison programs and activities must be
over 2U OOU people Cu e San Micke Memorial rc:,itih� Ir �,;_ operated free from dlscriminatiwn,
j P p the
Joaquin County Spring Festivals "- Building, available ,,
7, s` Y i r 7 + =x; on Che ba::is of race, color,
I each May. li for public use on a '�� 1�r g g', p.
p �1`% national origin, age, or bandies
1 rental basis, j• ) `'
provides an indoor
Areas of special. interests at ( auditorium with f r r `+•� ;';,_r" San Joaquin County
Micke Grove Park include: `- stage, kitchen and -� s i✓ Deas t ment of Parks and kecre4,.ion
4 520 W. Eight Miles Road
! several indoor - Outdoor groual facilities, Stockton, CA 95209
- ,Rose Carden donated by the banquet/conference both covered and open are (209) 953-8800
Lodi Garden Club, rooms. available in a variety of size„ (209) 331-7400
r