HomeMy WebLinkAboutAgenda Report - April 6, 1983 (39)A lengthy discussion follcwed with questions being directed
to Staff and to the City Attorney. On motion of Council
Member Pinkerton, ftirphY st-hcrond, Council disapproved the
n
Proposed Right -of --Way Agreement with Mr. and Mrs. Don
Camcbell De2ti l n l nn f-/7
Public Works Director Ronsko presented the following
information along with a diagram regarding the Ray/Campbell
alley:
RAY/CAMPBELL
Sometime ago, the City Council directed the City Attorney
ALLEY R.IGHr-OF
"to acquire property in the area", reaffirming an earlier
'WAY ASI'
decision to clear the title to the alley shown on Exhibits
DISAPPRDVED
presented to Council.
Both the Public Works personnel and the City Attorney have
spent considerable time with Mr. Campbell in an attempt to
resolve the problem without going to court. In the interim,
the City has acquired a quitclaim deed frrxm the suet.-essors
to the Hutchins Estate granting any rights they might have
to the City for that parcel highlighted in an Exhibit
presented for Councils' perusal. During the last discussion
with Mr. Campbell, he presented the City with a new proposal
which is covered in the attached agreement. Under this
proposal he would quitclaim to the City that portion of his
land highlighted in green and he is asking the City to
quitclaim to him that portion of the parcel we acquired frau
the Hutchins Estate that lies outside the occupied alley
(approximately 3+' x 90') and, in addition, he is asking the
City quitclaim the parcel that we acquired from the Hutchins
Estate that is part of the ultimate street right-of-way (3'
x
At the present time, there is a 40' setback line or. Hutchins
Street affirmed by the Council during their hearings on the
widening of Hutchins Street. mr. Campbell contends that
should he or anyone else apply for a building permit,
dedication of 10 feet along Hutchins Street would be a
requirement of the City, including the 3' x 10' parcel.
The present value of the parcel (35 sq. ft.) is estimated to
he between $75 and $150.
The Public works DepartsmentIs position is we should not
abandon any portion of future right-of-way Aitch we may have
to buy back at a later date. The City Attorney, hc*wever,
feels it is worth bringing this back to the Council since
future costs to the City of purchasing the parcel would
offset not having to go to court at this tome. It is
assumed that if we went to court, none of the allowances we
have given Mr. Campbell under the agreement related to
parking and zoning coaWtations would be required.
A lengthy discussion follcwed with questions being directed
to Staff and to the City Attorney. On motion of Council
Member Pinkerton, ftirphY st-hcrond, Council disapproved the
n
Proposed Right -of --Way Agreement with Mr. and Mrs. Don
Camcbell De2ti l n l nn f-/7
CITY OF LODI
PUBLIC WORKS DEPARTMENT
TO: City Council
FROM: City Manager
DATE: April 1, 1983
SUBJECT: Ray/Campbell Alley
COUNCIL COMMUNICATION
RECOMMENDED ACTION: That the City Council review the attached agreement with
Mr. and Mrs. amp ell and take appropriate action.
BACKGROUND INFORMATION: Sometime agt, the City Council directed the City
Attorney to procee to acquire property in the area", reaffirming an earlier
decision to clear the title to the alley shown on Exhibit 1 of this memo and
Exhibit A of the agreement.
Both the Public Works personnel and the City Attorney have spent considerable
time with Mr. Campbell in an attempt to resolve the problem without going to
court. In the interim, the City has acquired a quitclaim deed from the
successors to the Hutchins Estate granting any rights they might have to the
City for that parcel highlighted in yellow on Exhibit 1. During the last
discussion with Mr. Campbell, he presented the City with a new proposal which is
covered in the attached agreement. Under this proposal (refer to Exhibit 1), he
would quitclaim to the City that portion of his land highlighted in green and he
is asking the City to quitclaim to him that portion of the parcel we acquired
from the Hutchins Estate that lies outside the occupied alley (approximately 3+'
x 90', dotted and yellow), and, in addition, he is asking the City quitclaim the
parcel, crosshatched and in yellow, that we acquired from the Hutchins Estate
that is part of the ultimate street right-of-way (3'+ x 10').
At the present time, there is a 40' setback line on Hutchins Street affirmed by
the Council during their hearings on the widening of Hutchins Street. Mr.
Campbell contends that should he or anyone else apply for a building permit,
dedication of 10 feet along Hutchins Street would be a requirement of the City,
including the 3' x 10' parcel.
The present value of the parcel (35 sq. ft.) is estimated to be between $75 and
$150.
The Public Works Department's position is we should not abandon any portion of
future right-of-way which we may have to buyback at a later date. The City
Attorney, however, feels it is worth bringing this back to the Council since
future costs to the City of purchasing the crosshatched parcel would offset not
having to go to court at this time. It is assumed that if we went to court,
none of the allowances we have given Mr. Campbell under the agreement related to
parking and zoning computations would be required.
APPROVED:
HENRY A. GL.AVES, City Manager
FILE 40.
Mr. Campbell has been informed this will be discussed by the Council and has
been senta copy of this memorandum.
a L. Ronsko
Pub is Works Director
A chments
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CITY COUNCIL
EVELYN M. OLSON. Mayor
JOHN R (Randy) SNIDER
Mayor Pro Tempore
ROBERT G. MURPHY
JAMES W PINKERTON. ►r
FRED RFID
CITY OF LODI
CITY HALL, 221 WEST PINE STREET
POST OFFICE BOX 320
LODI. CALIFORNIA 95241
(209) 334-5634
April 6, 1983
Mr. Don Campbell
412 West Walnut Street
Lodi, CA 95240
Dear Mr. Campbell:
HENRY A. GLAVES. Jr.
City Manaser
ALICE M REIMCHE
City Clerk
RONALD t*t STEIN
City Attorney
This letter will serve as formal notification that the Lodi
City Council, in action taken at a regular meeting held
April 6, 1983, by motion action disapproved the attached
proposed right-of-way agreement covering the Ray/Campbell
alley.
Should you have any questions regarding this action, please
do not hesitate to call this office.
Very truly yours,
Ujkc- `�n %�1�
Alice M. Re the
City Clerk
AMR: jj
AGREEMENT
CAMPBELL - 412 W. WALNUT STREET
THIS AGREEMENT entered into this &4 day of //lm.��i
1983, by and between
hereinafter called Grantor, an the L ere na ter called ty.
WITNESSETH:
1. Grantor agrees to Quitclaim to City and City agrees to accept a
quitclaim deed for that certain real property in the City of Lodi,
County of San Joaquin, State of California, described as follows:
A portion of Lot 1 and 2 in Block 12, Hutchins Addition to Lodi,
according to the Official Map thereof filed for record in Volume 1
of Maps, page 58, San Joaquin County Records, described as follows:
Commencing at a point in the East line of Hutchins Street (60'
wide) as shown on said Map of Hutchins Addition to Ludi, said point
being the Southwest corner of Parcel 1 as described in the Deed to
the Lodi Union High School District recorded December 7, 1939, in
Volume 666 of Official Records, page 422, San Joaquin County
Records; thence South 0° 30' East along the East line of said
Hutchins Street a distance of 10.83 feet, more or less, to a point
in the North line of the Alley Way as conveyed to the City of Lodi
by instrument recorded March 1, 1911, in Book A of Deeds, Volume
200, page 371, San Joaquin County Records; thence South 86° 29'
East, 101.11 feet along the North line of said Alley Way to its
intersection with the Southerly extension of the Easterly line of
Parcel 1 as described in the Deed to the Lodi Urtion High School
District as hereinbefore referred to and the True Point of
Beginning; thence South 860 29' East, 50.80 feet along the North
li►e of said Alley Way; thence North 3° 55' 30" East, 6.46 feet;
thence North 86° 09' 40" West, 50.80 feet; thence South 30 55' 30"
West, 6.74 feet to the True Point of Beginning.
Said real property being a portion of the parcel commonly known as
412 W. Walnut Street.
2. City agrees to:
a Maintain a 25' alley as shown on the map attached as Exhibit A;
b) Quitclaim to Grantor the area north of said 25' alley as shown
crosshatched on said Exhibit A;
c) Allow the 25' alley to be used as maneuvering and backing space
for any vehicle parking adjacent to said 25' alley;
d) Allow one half of the alley to be used in computing allowable
dwelling units for 412 and 420 W. Walnut.
3. City agrees to pay all title, escrow and recording fees.
4. Both parties agree to recording of the deed,.
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5. Both parties agree that they have herein set forth the whole of their
Agreement. The performance of this Agreement constitutes the entire
consideration and shall relieve City of all further obligation or
claims.
6. This agreement is binding on the heirs, executors, administrators and
assigns of the parties hereto.
IN WITNESS WHEREOF the parties have executed this Agreement the day and
year hereinabove written.
CITY OF LODI, a Municipal Corporation
By.
henry1. Graves, City Manager
Attest:
Alice M. e me e, CityClerk'-
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