HomeMy WebLinkAboutAgenda Report - April 4, 1984 (27)1 no longer feel that W. Batch is dealing in "good faith"
and I also feel that we are quickly approaching the time
that we can no longer accomplish the construction on a
schedu l e that Is compa t ab l e to Mr. iia t ch , my client, and the
City of Lodi.
Consequently, I respectfully request that the City initiate
emergency condemnation proceedings for immediate possession
of the required easement.
My client, J. W. Properties hereby commits to the financing
of such proceedings with the stipulation that these costs be
considered as a part of the construction costs of the storm
water outfall line.
It is my intent to make one more last ditch effort to reach
an agreement with Mr. Batch prior to the City Council
meeting of Wednesday, April 4th. However, time is of the
utmost importance in this matter, and if I again receive a
non -responsible reaction from Mr. Batch, l strongly urge the
Council to honor our request for condemnation proceedings to
commence at the earliest possible t im.
Very truly yours,
s/Kenneth H. Glantz"
A lengthy discussion followed with questions being directed
to Staff.
On motion of Council Nbiber Pinkerton, Marphy second,
Council authorized that an appraisal be made of the Batch
property for which a storm drainage easement for a 48'
pipeline is being proposed.
GLAD • ID1EMI. ER . :1
CONSULTING CIVIL <NGIN[[RS
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DIC"AR 0. DORMAK LS,
ARTKAM N. GCCKWITK PX
The Honorable City Council
City of Lodi
City Hall
221 W. Pine Street
Lodi, CA 95240
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Re: Storm Drainage Easement for 48" pipeline
Mills Avenue to G -South Basin
Dear Council Members,
March 30, 1984
The City of Lodi does not presently have a right of way or an easement for
the proposed 48" Storm Drain trunk line between Mills Avenue and the proposed
G -South Basin. The physical location of the existing main sanitary sewer
interceptor and a P. G. b E. power pole line have necessitated the acquisition
of a new easement 20 feet in width, the centerline of which would be located
20 feet south of the centerline of Century Boulevard. This easement would be
located on the Delmar Batch property, but is within the Adopted Specific Plan
right of way for the future Century Boulevard.
In accordance with established City policy, the developers of "The Meadows"
have initiated and diligently pursued attempts at negotiating with Mr. Batch to
acquire the necessary easement. Initially we met with Mr. Batch and two city
staff members at City Hall on February 3 to discuss our easement needs and also
to determine his farming schedule so that we could dovetail our construction
schedule with his. This scheduling discussion included the excavation of the
drainage basin as well as the installation of the pipeline. it was agreed at
this meeting that we could schedule our construction between the time of current
crop harvest (estimated as March 15) and new crop planting (estimated at
June 1, 1984). Although our initial meeting, and all subsequent discussions
have been friendly and amiable, it has now become apparent that we are not going
to come to a negotiated settlement with Mr. Batch within the time frame that is
dictated by both his farming and our construction schedule.
After our first discussions at City Hall, I personally met with Mr. Batch
on the job site on February 16 to define and locate, in the field, our specific
needs and to discuss possible effects on his farming operations. Also, I talked
with Mr. Batch's attorney, Mr. John Cammack of Stockton on February 16, and
February 23 regarding our offer and Mr. Batch's concerns. I talked with Mr.
Batch by telephone on five (5) occasions between February 23 and March 27 in
attempts to set a specific meeting time for settlement of the issue. I have
also left calls on two occasions in that period with his attorney, and they have
not been returned.
s.,i
-2- N
I no longer feel that Mr. Batch is dealing in "good faith" and I also
feel that we are quickly approaching the time that we can no longer accomplish
the construction on a schedule that is compatable to Mr. Batch, my client, and
the City of Lodi.
Consequently, I respectfully request that the City initiate emergency
condemnation proceedings for immediate possession of the required easement.
My client, J. W. !'properties hereby commits to the financing of such
proceedings with the stipulation that these costs be considered as a part of
the construction costs of the storm water outfall line.
It is may intent to make one more last ditch effort to reach an agreement
with Mr. Batch prior to the City Council Meeting of Wednesday, April 4th. How-
ever, time is of the utmost importance in this matter, and if I again receive a
non-resp,)hsive reaction from Mr. Batch, I strongly urge the Council to honor
our request for condemnation proceedings to commence at the earliest possible
time.
Very trul you )
4ft
Kenneth H. Glantz
KHG/1 s