HomeMy WebLinkAboutAgenda Report - November 15, 1989 (63)4
COUNCIL COMMUNICATION
TO: THE CITY COUNCIL COUNCIL MEETING DATE
FROM: THE CITY MANAGER'S OFFICE NOVEMBER 15,1989 .1
JECT: D
7":SbB' NEED TO TAKE ACTION ON ITEM NOT ON POSTED AGENDA CO E §5495412(
:�
�.IN: RE CONDEMNATION PROCEEDINGS (5200 E. SARGENT ROAD::.DIEKMAN::PROP E.RTY) ..
PREPARED' BY City Attorney
BACKGROUND.closed
-INFORMATION: Since the matter of a ' "'session. -on'
': t
:
....... of threatened litigation in '-thd.'.'-5200.:_ E. . .,Sargent. x.
Road eminent domain proceedings. did not.. appear ..on` .the.
- ' N bdr 15 -1989 agenda, in order for the Council to. meet: -A n c osed session dvem
meeting, it was necessary ..four-fifths
ssa to have a preliminary
ov -
idUg. pursuant.. .,to
C ernment Code §549542(tir ,A
i'
'kiWact.i66--a�ose-,iftei�-the",zgenda was printed andf".p:'o
..ta
aware. ember 15, 19 o.-F;:-.cerraj n.-;:.propi
Ci ty wa s . made n ov''
N
property:;,,:owners which might. avoid.' the nee emna e- agen
h h d for- :'6�d."#
a,
or.,,,. ovem er
i."t6d -,'h d'
b --IS' :1989 'had been.posted 'on November:. 10. .1989.,."!,th n
Vo . . . . . . . .
d'that-there was need: to meet in
c 16 e d s'e�`s" s f o n `k'u'nanimdbs!,�";`;
n
t
• .77i
vememb member was first o6t ihid'and1heterwa
apprqprtely:discussed inclosed session on Nov ember.1 5
:i'
f'lly submitted,
W
r
AaA
B.OQ:�MCNATT,
Ci'tV.:Ittorn .Attorney
W:vc;:
CCCLOSED/TXTA.01V
TO: THE CITY OJLNIL
FROM: THE CITY MANAGER'S OFFICE
SUBJECT: CONDEMNATION AT 5200 EAST SARGENT ROAD
COUNCIL MEETING DATE
NOVEMBER 15, 1989
PREPARED BY: City Attorney
RECOMMENDED ACTION Cnunci 1 consideration of adopting the attached
Resclution of Necessity to Acquire Certain Real
Property Eminent Domain (5200 East Sargent Road). i
t
DISCUSSION: A the Council is aware, the City 1 s presen ly.
I .
y'
proceeding with plans for the cons truction:.;.of;;: an.,
electric utilities industrial substation at the::above.
location: ' The site is presently owned by the heirs of the Die"h 'famil.y:.:::
-Total:; size of the parcel is approximately 15 acres. Under present';plans,
;...,construct* on was to begin in January 1990, and be completed in June'.
eek de a 1 with summertime p periods.
<tiire 'to d deman
Environmental documents have been finalized and the Cit has been.:negotiating'.-;
Y
with the. owners for more than one year. The owners have never.,,: expressed
,.
oppositior to the City's plans, and, in fact, had indicated a wil.lingness-;to
sign a 'Right of Entry form allowing the City to commence constructi.or,;.:before
the final sales price was determined.
However, it now appears that a voluntary sale may not be I)ossible between'.the ..
City and the owners. Our initial belief that the owners would give voluntary
f
consent for possessiin by the City whiie negotiations on price continued, was
erroneous, and the owners via their attorney have declined to give such
consent. The asking price in the most recent proposal is nearly dou b l'e the
figure i n the City's original appraisal, and the owners have placed other
conditions on the sale..:.
The only apparent alternative 1 Aft to the City if construction is to be
accom lashed an here near the timetable established i s to connnence
`
P YV'
condemnation and seek an order of immediate possession from the Court.
Because there is an occupied residence on the site, a minimum of 90 days would
be required to obtain possession if the owners do not voluntarily have the
premises vacated prior to that time.
An initial decision to be made by the Council is the size of the parcel which
may be condemned. The City originally considered acquisition of the entire 15
acre Diekman parcel in order to accommodate the rubstation and accessory
uses. At the request of the owners, and in the sp ri t of cooperation, the
City was willing to modify its plans and split the parcel at the site of the
proposed extension of Thurman Road. T:iat would h-1ve created an 8.1 acre
parcel north of the Thurman Road extension for the sut-tation site, and
COUNCIL COMMUNICATION
5200 East Sargent Road
November 15, 1939
Page Two
�i.'000^A!T 7!TYTC rm,
to address t':e 'Council"'at tte
`hearing on the-
issue ofrnecess�ty have FAY
M
,Requests
been :received both from the owners and
the tenant.' Under State Saw, the issuers
L
valuation should nbt be discussed.at-
this hearing
x�a
Respectfully submitted,
�s
f
':'
BOB McNATT.`
City Attorney
,
s �7
BM:vc
k.
�i.'000^A!T 7!TYTC rm,
loftN
RESOLUTION NO. 89-169
A RE9JLLTIION OF THE QTY COUNCIL OF THE CITY OF ISI
RE50IJJ M OF NBCE33ITY TO ACQUIRE CERTAIN REAL PROPERTY BY IlVt�INT
D(IVM FOR MUN[CFAL PURPOSES, PURSUANT TO CODE OF CIVIL, PROCEDURE
SECTION 1245.220 ET SEQ. (5200 EAST SARGENT ROAD: D I E KMAN PROPERTY)
WHEREAS, on October 18, 1989, the Council of the City of Lodi set
a hearing to consider a Resolution of Necessity to Acquire Certain Real
Property, described bel ow; and
WHEREAS, on November 15, 1989, the Lodi City Council held a
hearing in the City Council Chambers, Carnegie Forum, 305 West Pine
Street, Lodi, in order to determine the necessity of acquisition of
said real prcperty by eminent domain proceedings for the purposes of a
municipal industrial electrical substation;
NOW, THEREFORE, BE IT RESOLVED by the Lodi City Council. . as f
fo 11 ows:
The Lodi City Council finds, determines, and hereby declares '
1. That the public interest, necessity, and convenience require
the acquisition, construction, and completion of a publ i c improvement,
to wit: the acquisition of a site for an indust;'rial .electric
substation, on and across certain realproperty located at' 5200 .`East.
Sargent Road, within San Joaquin County, described as follows:
That certain real property situated in the County of San
Joaquin, State of California, described as follows:
Being a portion of the North one-half of the Northeast
Quarter of Section 7, Township 3 North, Ranke 7 East, Mount
Diablo Base and Meridian, particularly described as follows,
to wit:
Commencing for the same at a point 2123 feet West and 100
feet South of the Northeast corner of said Section 7, and
running thence Southerly and parallel with the East line of
said Section 7 to the South line of the North one-half of
said Northeast Quarter of Section 7; thence Westerly along
the South line of the North one-half of said Northeast
Quarter of said Section; 7, 529 feet to the Southwest corner
of the North one-half of the said Northeast Quarter of said
Section seven; thence Northerly along the West line of said
Quarter Section to a point on said Quarter Section line 100
feet South of the Northwest corner of said Quarter Section;
thence Easterly and parallel with said North Section 7, 529
feet to the point of beginning, containing approximately
15.2 acres =.
-i-
7. Pursuant to Government Code Section 7267.2, a written offer
was made to the owners of record in the amount of $380,000.
8.
BE IT FURTHER RESOLVED, that the City Attorney
AND
is authorized and directed to
2. That the real property hereinafter described i s suitable,
City of
adaptable, necessary, and required for the public use of said City of
proceedings of eminent
Lodi, as hereinabove set forth.
f
Court of California,
z
3. The proposedroject is planned and located in the manner that
;
will be most compatible with the greatest public good and the least
certain real
private injury.
which is situated in
the County of San Joaquin,
as described
4. That the City of Lodi acquire the hereinafter described real
i
property for an industrial electric substation by donation, purchase,
;
or condemnation in accordance with the provisions of the Code of
1
Ci vi Procedure of the State of California relating to eminent domain.
That the City Attorney is hereby authorized to prosecute in the name of
f
the City of Lodi, any and all actions orproceedings required to
acquire the necessary property and/or to fix the compensation to be
paid for property damage resulting from the construction and
maintenance of said improvements; and in the absence of a satisfactory
price agreement with the owner of the land, the City Attorney is hereby.
directed to immediately commence proceedings under Title "Seven,CalifornChapter
Three of the Code of Civil Procedure of the State of ia, to
condemn the property hereinafter described for the purpose- oftaking
said land for the public use of said City as hereinabove set forth.
a
5. To make application to a Court of competent_jur.i§ fiction ,for
an order fixing the amount of such security in the way of 'money`
deposits as said Court may direct, and for an orderpermitting :said
City of Lodi to take immediate possession and use of said property,. or
interest in real property, or existing improvements for then'ublic use
as hereinabove set forth; to make deposit of such sacurity or monies in
such amount so fixed and determined and in such manmer as said Court in
which said condemnation proceedings are pending rrny direct.
6. The real property or interest in real property which the City
of Lodi is by this Resolution authorized to acquire for said public
improvements is situated in the County of San Joaquin, State of
California, as described above.
7. Pursuant to Government Code Section 7267.2, a written offer
was made to the owners of record in the amount of $380,000.
8.
BE IT FURTHER RESOLVED, that the City Attorney
be and hereby(
is authorized and directed to
commence and maintain in the name of the'
City of
Lodi, such actions and
proceedings of eminent
domain in the
Superior
Court of California,
County of San Joaquin, as
are necessary
to acquire, for the purposes
and uses aforesaid, that
certain real
property
which is situated in
the County of San Joaquin,
as described
above.
DATED: November 15, 1989
-2-
<�.
'-
;�
-3-
CITY COUNCIL
JOHN R. (Randy) SNIDER. Mayor CITY OF L O r:I
DAVID M. HINCHMAN
Mayor Pro Tempore CITY HALL. 221 WEST PINE STREET
EVELYN M. OLSON CALL BOX 3006
JAMESW. PINKERTON. Jr. LODL CALIFORNIA 95241-1910
FREDM REID
October 27, 1989
Richard D. Diekman
15415 N. Curry Avenue
L d' CA 95240
(209) 334-5634
7E LECOPIE R : t2o9) 333-6795
Stanley A. Diekman
5618 Coffee Road
M d t CA 95355
S a 1ID. Ryan
369 koodstock lane
L A1t CA 94022
0 eS o, os os,
Dear Property Owner:
I
As stated in the enclosed "Amended Notice of Intent to Adopt Resolution of
€.
Necessity. to Acquire Certain Real Property by Eminent Domain", you ave
been `identified as the owner of real property proposed 'to be acquired for
public use by the City of Lodi. Government agencies, such as the: ty':,of
.Lodi, are authorized under the power of eminent domain, to acquire .real
s`
property- for public use upon payment of reasonable compensationto the
owner{s) of ;the property.'
Y Thel enci osed `Amended Notice is t o inform you of the hearing . referred to as
"necessity earing", to be held before the Lodi, City. Council at ;;she gine
a. h
4
and date' -indicated, when the Council will consider the necessity `of
�
acquiring -.'your ro ert Please note that the City Council w111 ;consld.er
P P y•
on1Y the issue-, necessity at the necessity hearing;. the Council w1i7
,;
not discuss"the amount to be paid for your property or any::other matter
unrelated to the. issue of necessity. If it is determined at the ;hearing
`wii]
that acquisition of your property is necessary, the." Council authorize
the Cty'Attorney: to commence, at the appropriate ,time, a -lawsuit'; 1n,the
Superior Court' "where ,the amount of compensation to which. you: are • ntItl,ed
for your. proPerty will be determined. This does not mean, however, .that
negotiations for the purchase of your property cannot be continued.'
Please read the enclosed Amended Notice carefully; it provides _ specific .
"instructions .for you to follow if you wish to appear before .the City
Council at the necessity hearing. If you have any questions, please feel
free to contact me at (209) 333-6702 or Sharon Blaufus at (209) 333-6608
Sincerely yours,`
llCGt�1
ALICE M. RENCHE
City Clerk
BM/AMR :vc
enclosure
cc: Michael C. Nlormoyle, Esquire
3340 Tull, Road, Suite A
Modesto, Cc 95350
PVSARUGNT/TXTA..01 V
LAW OFFICES or
NORMOYLE & NEWMAN
A -POICSWONAL C0 -04.1110N
-'C-�AEL C. NOSVMOvLE3340 TULLy ROAD - SUITE A.
RUSSELL) - j '.. C*.. .
y.mocez-ro. CALIFORNIA 95350-0894
BART VV, 0^
•
WYI.IC P. CASP.PAAN
ri
October 25, 1989
City Clerk
City of Lodi
221 West Pine Street
Call Box 3006
Lodi, California 95241-1910
Attention: Alice Irl. Reimche, City Clerk
PE: November 15, 1989 "Necessity Hearing"
property in Lodi, California
Dear Ms. Reimche:
Truep-ONE MOD) 521-9521
TELECOPIER 12091 521-4068
his letter is written on behalf of my Jj6m- R' id h A r' d nt
clients, Diekni n. Stanley Diek-man and Sally Ryan, 3. n resnonse
from -'.3 our office dated October 18, 1989. Through
infori ed myself and my clients of a "necessity hearing't s.c2ieauled-:
before the Lodi City Council at 7:00 p.m. on November
.,
::
At the present time, my clients and I ar@ QQAOU tin':ginformal
discussions with representatives of the City of 'Lodi.aYiont tie
City's possible purchase of a portion of my client's -real 13rope-r,�Y,...
Because it is not certain whether our will b:
0-,: finished yry
by November 15, or what the status of our discuss l
;
- a'S
of that date, I am writing to formally ons
O
'-
arises, I be permitted to address the Cit ---t f the:.nee WoMmber i'S
1989 during the Council's consideration of this issue.
I would: be
there in a re tative capacity on behalf of all of
-preLen myclilents.,
It may be t4jt.'- re of my clients would wish to
one-oi M-0 Speak: atar
`X:
I will assume that this letter is adequate to comply with the
City's "request for appearance" requirements. If, for any reason,
you need more information, please contact me immediately.
Sincerely,
NORMOYLE & NEWMAN
Michael C. Normo
le
MCN :V I f
cc: Stanley Diekman
Richard Diekman
Sally Ryan
enclosure
cc: I;ichael C. P,ormoyle. Esquire
3340 Tuiiv Road, Suite A
Mocesto, CA 95350
PV'SARGPlT . 3/T>;TA . 011'
CITY COUNCIL _-- , THOMAS A. PETERSON
CITY OF I, O art, Manager
JOHNR. (Randvi SNIDER. Mayor
ALICE M REIMCHE
DAVIP M.HINCHMAN
Mayor ProTempore CITY HALL. 221 WEST PINE STREET city Clerk
EVELYN M.OLSON CALL BOX 3006 808McNATT
JAMES W. PINKERTON. Jr. LODI. CALIFORNIA 95241-1910 City Attorney
FRED M.REID (209) 334.5634
TELECOPiER :12tH) 333.679S
October 27, 1989
s...
Catriona Linn
5200 E. Sargent Road
Lodi, CA 95240
t
Dear Nbs. Linn:
You have been identified as an interested party regarding real property
proposed to be acquired for public use by the City of Lodi. Government
agencies, such as the City of Lodi, are authorized under the power of
eminent domair., to acquire real property for public use upon payment of
1 .
reasonable compensation to the owner(s) of the property.
The ancilosed Amended Notice is to inform you of the hearing referred
a -"necessity fiearing", to be held before the Lodi City Council at;`the time
aid:date indicated, when the Council will. consider :' the neces'sity.:of
acquiring ,the .property. Please note that the City Council 'will ''consider
)
o the issue of necessity at the necessity hearing; the Council will
not. discuss the amount to be paid for the property ;or ,ahy; other matter
4E
unrelated to: `the issue of necessity. If it is . determi"ned: 'at the, hearing
=
`'
at acquisition of the property is necessary, the Council will, :authorize
the City Attorney to commence, a t the appropriate time. 'a> lawsuit: in :ahe
:_
Superior Court where the amount of compensation to which the property
,owners are entitled for the property will be determined. 'This:.. does:-not
,
mean, however, that negotiations for the purchase of the property cannot- be
continued.
Please read the enclosed Amended Notice carefully; it provides specific
instructions for you to follow if you wish to appear _before .the City
Council at the necessity hearing. If you have an questions, please feel
free to contact me at (209) 333-6702 or Sharon Slaufus at (209) 333-6658:
Sincerely yours,
(=
ALICE N. RE?MCHE
-..
City Clerk
enclosure
cc: I;ichael C. P,ormoyle. Esquire
3340 Tuiiv Road, Suite A
Mocesto, CA 95350
PV'SARGPlT . 3/T>;TA . 011'
�..�. ,. :..'.a., ': ;+r. ..>.. ......_. �s:esws :a .,.....-_.. _,...,, ..,i,-.�. .;a5-.: `;irt '^,y., �t 4, ST _::. s.tn .:c!:•nu-sur
;,.:s p _ _. ... �_.. .?eiw:ru. mow........
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JL IVF%,ILy tj�1.,W1 allu
VS on November 15, 1989, the Lodi City Council held a
hearing in the City Council Chambers, Carnegie Forum, 305 West Pine .:
Street, Lodi, in order to determine the necessit for acquisition of
said real property by eminent domain proceedings ?or the purposes.: of .a
municipal industrial electrical substation;
:=
NOW, THEREFORE, BE IT RESOLMD by the Lodi City Council as
'
follows' _. _ y #:
v
The Lodi City Council finds, determines, andhereby declares:.-.-,-
eclares -:
1. That the public interest, necessity,.'and convenience requi a ---
1.
the acquisition, construction, and completion of -a public improvement,
o;.'wit: the acquisition of a site for an=- industrial=;. el;ectr�c
Substation, on and across certain real property In at::' East
Sargent Road, within San Joaquin County, described as follows:-:
Sargent
1. Acquisi .ion in fee.
ortheast
Commencing at the northwest corner of the Northeast--
Quarter of Section 7, T3N, VE, MOB&M, thence . S.
Quarter
s }
0°32100" E, 100.15 feet, along the west line- of said
Quarter Section to the True Point of Beginning, _th_ence:
t-
S 87°20149" E, 533.68 feet, along the southerly lire of
f Y
j
the Central California Traction Company,':' thence -S .'
0-47'19" E, 658.99 feet, along a line parallel withthe..,
;
east line of said Section 7, thence N 87°24'33" 41;:
536.59 feet, thence N 00°32'00" W, 659.40 feet along
said west line to the True Point of Beginning,
g g,
containing 8.1 acres, more or less.
2. Parcels 2 and 3 (easement only).
Easenent 1
Commencing a t the northwest corner of the Northeast
Quarter of Section 7, T3N, UE, MDB&M, thence S
0°32'00" E, 759.55 feet along the west line of said
Quarter Section to the True Point of Beginning, thence
S 87-24'33" E, 40.0 feet, thence S 2'35'27" W, 32.0
feet, thence N 87024'33" W, 38.25 feet, to said west
-1-
line, thence N 0'32100" W, 32.05 feet along said west
line to the True Point of Beginning.
Easement 2
A 60 kv Public Utility Easement being more
particularly described as follows:
Commencing a t the northwest corner of the Northeast
Quarter of Section 7, T3N, R7E, MDB&M, thence S
0°32`00" E, 791.60 feet along the west line of said
Quarter Section to the True Point of Beginning, thence
S 87124133" E, 16.52 feet, thence S 00132100" E, 542.75
feet along a line parallel with said west line to the
south line of the north one-half of said Northeast
Quarter, thence N 87133130" W, 16.53 feet along said
south line, thence N 0132100" W, 542.80 feet along said
west line to the Truce Point of Beginning, totalling .24
acres, more or less, (both easements combined). f
a
AND !
2. That the real property hereinafter described is suitable, i
adaptable, necessary, and required for the public use of sacd�:C ty:, of
Lodi, as hereinabove set forth.
3. The proposed project is planned and located in the mannii er that
will be most compatible with the greatest public good and the least '
private injury.
4. That the City of Lodi acquire the hereinafter described real
prcperty for an industrial electric substation by donation, purchese,
or by condemnation in accordance with the provisions of the Code 'of
Civil Procedure of the State of California relating to eminent domain. .
That the City Attorney is hereby authorized to prosecute in the. name of
the City of Lodi, any and all actions or proceedings ;required ..to
acquire the necessary property and/or to fix the compensation "to, be
paid for property damage resulting from the cons:truc.ti.on -.and...
,
maintenance of said improvements; and in the absence of a satisfactory
price agreement w i t h the owner of the land, the City A t torney i s hereby
directed to immediately commence proceedings, under Title Seven, Chapter
Three of the Code of Civil Prccedure of the State of California, to
condemn the property hereinafter described for the purpose of taking
said land for the public use cf said City as hereinabove set forth. s
5. To make application to a Court of competent jurisdiction for
an order fixing the amount of such security i n the way of money
deposits as said Court may direct, and for an order permitting said
City of Lodi to take immediate possession and use of said property, or
interest in real property, or existing improvements for the public use
as hereinabove set forth; to make deposit of such security or monies in
such amount so fixed and determined and in such manner as said Court in
which said condemnation proceedings are pending may direct.
-2-
89-169
RES89169/TXTA.02J
6. The real property or interest in real property which the City
of Lodi is by this Resolution authorized to acquire for said public
improvements is situated in the County of San Joaquin, State of
California, as deso.ri sbed above.
7. Pursuant to Government Code Section 7267.2, a written offer
i
was made to the owners of record in the amount of $269,100.
3
8. BE IT FURTHER RESOLVED, that the City Attorney be and hereby
is authorized and directed to commence and maintain in the name of the
City of Lodi, such actions and proceedings of eminent domain in the
Superior Court of California, County of San Joaquin, as are necessary
=;
to acquire, for the purposes and uses aforesaid, that -certain real
property- which is situated in the County of San Joaquin, as described
above.
€
DATED: November 15, 1989
e
I hereby, certify that Resolution' -No. 89-169 was passed and
adopted by the City Council of the' City of Lodi .in a ;regular
meeting held by the following vote:
Ayes: Council Members-,Hinchman,Olson, Pinkerton, Reid and`
Snider (Mayor)'
Noes: Council Members - None
i
Absent: Council Members - None
Alice M. Reimche
City Clerk
89-169
RES89169/TXTA.02J