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RECOMMENDED ACTION: That the City Council adopt the Resolution of Necessity
whichs required to start the condemnation proceedings so the City can, if
necessary, obtain a right of entry to allow storm drain construction on Turner
Road to proceed.
BACKGROUND INFORMAT10W: At the City Council meeting of February 4, 1981, the
My CounElf awarde t e Turner Road Storm Drain to Westco Construction Co.
The contractor cannot start work until the City has obtained the necessary
easements (shun on Exhibit A) from the Anagnos family, or until the City
obtains a right of entry. The right of entry can be obtained upon the initiation
of the recommended condemnation action by the City Council, or by the agreement
of the Anagnos family.
At the end of last year, the City received an appraisal for the necessary per-
manent and construction easements required for the construction of the Cluff
Avenue S Turner Road Storm Drain (EDA Storm Drain). The City has been negotiat-
Ing with the Anagnos family based on the appraisal and appraisal revision re-
ceived from the City appraiser. The Anagnos family felt they were unable to
accept the City's final offer and have not felt it was in their best interest
to allow the City a right of entry in order that the project could proceed.
On February 17, 1981, sirs. Panaglota Anagnos, owner of the northerly of the two
Anagnos' parcels, was sent the attached letter (Exhibit 8) from the City
Attorney indicating the City's intention with respect to the Resolution of
Necessity. This letter gave Mrs. Anagnos 15 days to file a notice with the
City that she requested to be heard. A request for hearing was not received.
Early this month, the Willow Oaks Development made a proposal to the City staff
which they felt would help in resolving the negotiations with the Anagnos family.
The City then meat with the Anagnos family and representatives from the Willow
Oaks and Sanitary City Developments. The attached mems, of larch la (Exhibit C)
recaps this meting. A summary of the Willow Oaks prof*sal is as follows and
Is tied to the attached Exhibit "D::
Willow Oaks will install as part of the proposed Assessment District,
and at no cost to the Anagnos famiiy,the paving and the curb and gutter
FILE NO.
HENRY i t nage r
City Council
March 12, 3981
Page 2
as shown in blue on the attached Exhibit "0". This will provide full
street Improvements on Turner Road from Beckman Road to the westerly
side of the Snell's property. These improvements will be made if the
following conditions are met:
1. The Anagnos family dedicates all the necessary street rights of way,
permanent utility easements and construction easements on Turner Road
and Cluff Avenue fronting their existing properties, and
2. Sanitary City and Frank Alegre agree to share in the cost of the
curb and gutter installation on Turner Road, fronting the Anagnos'
property opposite the Snell and Jerome properties. The City Council
has already required Willow Oaks, Sanitary City and Alegre to share
In the cost of a 28' roadway (shown In red) in this area. However,
the original roadway requirement did not include curb and gutter; and
3. The City of Lodi would front the cost of curb and gutter and approximately
8' of paving fronting the Anagnos property on Cluff Avenue (show in
brown). This work is estimated to cost approximately $23,000 if done as
part of the Assessment District construction and would be in addition
to the appraiseu value of the easement. It is proposed that the money
fronted by the City would be paid back to the City at the time of the
development of the Anagnos parcels.
At this meeting, the Anagnos family was informed that the City would be proceeding
with the condemnation action, in case the matter could not be resolved. It should
again be pointed out that this condemnation action allows the City to obtain the
necessary rights of entry through a court procedure which will enable our con-
tractor to begin construction. The negotiations can and will continue.
With respect to the Willow Oaks proposal, there appears to be no reason for the
City to spend or front $23,000 of City funds in order to obtain an easement which
can be obtained through negotiations or condemnation. If the City proceeds with
condemnation, the City of Lodi is obligated to pay the fair market value for the
easements in question. There would be no objection to the Willow Oaks offer if
It excluded the involvement of the City of Lodi.
If the City Council gives any consideration to fronting money for street improve-
ments, they should review carefully the implications and the precedent setting
aspects of their action.
It is felt that the City has an obligation to the Anagnos family to pay the fair
market value for the easements in question. The City, however, should have no
objection to the Anagnos family entering into a private agreement between them-
selves and the Willow Oaks Development.
The City of Lodi has a major obligation to obtain the required easements or the
rights of entry in order that Westco Construction Co. can start construction of
the project awarded to them over a month ago.
It Is.understood that representatives of the Willow Oak Development will be at
the Council meeting In order to explain their proposal in more detail and to
answer any questions the Council may have.
Jack o Ronsko
Publ% Works Director
Attachments
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