HomeMy WebLinkAboutAgenda Report - April 6, 1983 (40)1
Council was apprised that the Public Works Department was
directed by the City Council to acquire necessary
right-of-way for the ultimate widening of Turner Road. A
diagram of the subject area was presented for Council's
perusal.
Craig Hubbard of Stockton, appraised the parcel at $15,000.
Included in that appraisal were certain costs in addition to
the land, such as payment for a garage, well, carport, fence
and other items.
The owner of the property was contacted by Mr. Ferguson, the
City's part-time right-of-way agent, and both Mr. Ferguson
and a representative of Staff met with the owners of the
property onsite to discuss the value of the items taken.
Out of this discussion and further contact by Mr. Ferguson
with the owners, came the proposed right -of --way agreement, a
copy of which was presented for Council's perusal.
The dollar amount has been reduced by the value of a water
service (tap and reimbursement) and increased slightly to
cover the cost of sawing concrete and an adjustment in the
depreciation figure. The City's appraiser feels it is
"consistent" with the appraisal and represents a fair and
equitable settlement of this partial taking."
The agreement is consistent with the Snell agreement to the
west and it is recommended that the agreement be approved.
JFCW PARCEL. Following a brief discussion with questions being directed
RIGHT -0E -NAY to Staff, Council, on motion of Mayor Pro Tegxre Murphy,
AGREEMENT Snider second, approved the Right-of-way Agreement between
APPROVED Eugene F. and L. J. Jerome, and the City of Lodi, for the
acquisition of right-of-way for the widening of Turner Road
imnedia,:.ely west of Cluff Avenue, and authorized the City
Manager and City Clerk to execute the AgreenP.nt on behalf of
the City.
CITY OLODI
' 1p66L COMMUNICA\%ice"
PUBLIC WORKS DEPARTMENTr;�, i 31 :+� 9 17
I
U T Y CL -AAM
TO: City Council CiiY Ci LC'"?
FROM: City Manager
DATE: March 30, 1983
SUBJECT: Turner Road Right -of -Way Acquisition, Jerome
RECOMMENDED ACTION: That the City Council review the attached right-of-way
agreement etween Eugene F. and L.J. Jerome, and the City of Lodi, for the
acquisition of right-of-way for the widening of Turner Road immediately west of
C1uff Avenue, and authorize the City Manager and City Clerk to execute the
agreement for the City.
BACKGROUND INFORMATION: The Public Works Department was directed by the City
ounc to acquire necessary right-of-way for the ultimate widening of Turner
Road. Involved in that widening is the parcel of land shown crosshatched on the
attached sketch.
Craig Hubbard of Stockton, appraised the parcel at $15,000. Included in that
appraisal were certain costs in addition to the land, such as payment for a
garage, well , carport, fence and other items.
The owner of the property was contacted by Mr. Ferguson, our part-time
right-of-way agent, and both Mr. Ferguson and I met with the owners of the
property onsite to discuss the value of the items taken. Out of this discussion
and further contact by Mr. Ferguson with the owners, came the attached
right-of-way agreement.
The dollar amount has been reduced by the value of a water service (tap and
reimbursement) and increased slightly to cover the cost of sawing concrete and
an adjustment in the depreciation figure. Our appraiser feels it is
"consistent" with the appraisal and represents a fair and equitable settlement
of this partial taking."
The agreement is consistent with the Snell agreement to the west and it is
recommended at the agreement be approved.
Jac L. Ronsko
Public Works Director
Attachment
JLR:GER:dmw
APPROVED:
HENRY A. GLAVES. C tv Manaoer
FILE 40.
WILLOW OAKS INDUSTRIAL PARK
Q
SNELL PR ARTY ACCESS ROAD - -
(scjv%*e#d Pmvvbwl1)
Area Before:
Part Taken:
Remainder:
15,600 F.
1,300
14,300 s.F.
Jerome
15• x • 83
20'
t
U.
a
u
r1
RIGHT-OF-WAY AGREEMENT
1015 North Cluff Avenue
THIS AGREEMENT entered into this `,12- day of MNg CC_t+ , 1983, by and
between EUGENE F. JEROME and LUELLA J. JEROME, hereinafter called Grantor,
and the CITY OF LODI, hereinafter called City.
WITNESSETH:
1. Grantor has agreed to grant to the City and the City has agreed to
accept a Grant Deed for a portion of that certain real property,
commonly known as 1015 North Cluff Avenue, and as shown on the legal
description attached hereto as Exhibit A.
2. Grantor agrees to remove the garage, pump and carport from within the
right-of-way including concrete sawing along or north of new property
line within 60 days of the installation of the water service
described in 4b below. Should Grantor fail to remove said
structures, City shall have the right to remove portions of said
structures necessary for the construction of all facilities within
the right-of-way, and to deduct any and all costs incurred therein
from monies due Grantor.
3. City agrees to pay Grantor the sum of $11,300.00 for the certain real
property on the attached legal description when title is transferred
to City free and clear of liens and encumbrances except 1982-83
taxes, and $3,000 upon the removal of the structures by the Grantor.
4. City agrees, in addition to cash payment:
a. To be responsible for the installation of curb, gutter, sidewalk
and street paving at such time as City deems necessary;
-1-
Jerome Right -of -Way Agreement
b. To provide a I" water service at property line on Turner Road.
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. The checks are to be made payable to Mr. and Mrs. Eugene F. Jerome.
7. This Agreement is binding on the heirs, executors, administrators and
assigns of the parties hereto.
8. Both parties agree to the recording of this Agreement.
IN WITNESS WHEREOF the parties have executed this Agreement the day and
year hereinabove written.
- CITY UHenry icipal Corporation
By • P�'r-
`s, 'City -Manager
Attest: Al �.
tce M. Reimche,.City-Clerk
TE OF CALIFORNIA ss bn this �'
tA
UNTY OF SAN JOAQUIN aefore NotaryPu
Notary b1 c
SwV�, Personal
f in the year
2.4
•
ate o r�a:,ju speared ,.. cAmmiss one an •
or
OFFICIAL SEAL ve tom n . er a �R
e as s of sa Isfactoryoevidence) to be the
SHA►tC=i BLAUFUS erson�_w
os
na
NO""r" °t'st-C • . IFOR:j.a mom. att_ subscribed to the within
in cove- instrument, and acknowle ge o me that
cOmm �: APR 4 19 . � executed it
221 V. pt.•? 1472t6-.—.,,...,,�,,�.,�,
otary u C. a e a orn a
acknowledgement - General
JEROME
D E S C R I P T I O N
A portion of the Northeast quarter (NE 1/4) of the Northwest quarter (NW 1/4)
of Section six (6), Township three (3) North, Range seven (7) East, Mount
Diablo Base and Meridian and more particularly described as follows:
BEGINNING at -a point on the East line of the Northwest quarter (NW 1/4) of
said Section six (6). said point of beginning being 290 feet South from
the Northeast corner of the Northwest quarter (NW 1/4) of said Section
six (6), thenc, Westerly parallel to the North line of the :Northwest
quarter (NW 1/4) of said Section six (6), 150 feet; thence Southerly
parallel to the East line of said Northwest quarter (NW )/4), 10 feet;
thence Easterly parallel to the North line of said Northwest quarter
(NW 1/4), 150 feet to a point on the East line of said Northwest quarter;
thence Northerly along said East line of the Northwest quarter (NW 1/4),
10 feet to the Point of Beginning.
E X ii 1 0 1 T
A
WNEN RECORDED MAIL TAX
aTAT;MENT AND RECORDED
OocUMENT TO
CITY CLERK
CITY HALL
LODI, CALIFORNIA 9b240
SPACE ABOVE THIS LINE FOR RECORDER'S USE
DIE ED
2004
EUGENE F. JEROME and LUELLA J. JEROME
do_ hereby GRANT to the CITY OF LODI, a municipal corpo:ation of the State of California, all that real
property situate in the City of Lodi, County of San Joaquin, State of California, described as follows:
A portion of the Northeast quarter (NE 1/4) of the Northwest quarter (NW 1/4)
of Section six (6), Township three (3) North, Range seven (7) East, Mount
Diablo Base and Meridian and more particularly described as follows:
BEGINNING at a point on the East line of the Northwest quarter (NW 1/4) of
said Section six (6'), said point of beginning being 290 feet South from
the Northeast corner of the Northwestquarter(NW 1/4) of said Section
six (6), thence Westerly parallel to the North line of the Northwest
quarter (NW 1/4) of said Section six (6), 150 feet; thence Southerly.
parallel to the East line of said Northwest quarter (NW 1/4), 10 feet;
thence Easterly parallel to the North line of said Northwest quarter
(NW 1/4), 150 feet to a point on the East line of said Northwest quarter;
thence Northerly along said East line of the Northwest quarter (NW 1/4),
10 feet to the Point of Beginning.
Dated: RIA `.1, I t u 5
STATE OF CALIFORNIA
COUNTY OF SAN JOAQUiN ss
221 W. Alla stre*t Ir -i. G "M
Acknowledgement - General
On this " -s
before me, %
a Notary FuM
in the year Zg-.,,
A 4.,frxG -�, perpmal 1y Known 50 we (or — -
the basic of satisfactory evidence) to be the
Nose name, &z__ subscribed to the within
and acknowledged to me that hey executed it.
. A J�
WN[N Rtco"060 MAIL TAX
STATaMENT AND naCORD[O
OOCUMeNT TO
r
CITY CLERK
CITY HALL
LODL CALIFORNIA 85140
L.
J' SPACE ABOVE THIS LINE FOR RECORDER'S USE --
D .E E D 2004
EUGENE F. JEROME and LUELLA J. JEROME
do_ hereby GRANT to the CITY OF LODI. a municipal corporation of the State of California, all that real
property acuate in the City of Lodi, County of San Joaquin. State of California, described as follows:
A portion of the Northsait quarter (NE 1/4) of the Northwest quarter (NW 1/4)
of Section six (6), Township three (3) North, Range seven (7) East, Mount
Diablo Base and Meridian and more particularly described as follows:
BEGINNING at a point on the East iine of the Northwest quarter (NW 1/4) of
said Section six (6), said point of beginning being 290 feet South from
the Northeast corner of the Northwest quarter (NW 1/4) of said Section
six (6), thence Westerly parallel to the North line of the Northwest
quarter (NW i/4) of said Section six (6), 150 feet; thence Southerly
parallel to the East line of said Northwest quarter (NW 1/4), 10 feet;
thence Easterly parallel to the North line of said Northwest quarter
(NW 1/4), 150 feet to a point on the East 11ne.of said Northwest quarter;
thence Northerly along said East line of the Northwest quarter (NW )/4),
l0 .feet to the Point of Beginning.
STATE OF CAUFORNIA 1
COUNTY OF f
oe before tee. the wedea
wsw4 a Note" Pwbik ie eal for Mid *"%.rMVa11r appears'
`:� _ keosrrl a me
a be the ,p ._ wbose name srkwa
iawnseot Ind ocknorrMdpd drat ;. taeewtsd obs same.
T9ITNESS sar band red tlftkilll',g11, ....
�Istnpoett approved:
..'fib : .•= ..
Name (Typed at Prieted)
(Thu naw roe etnew aotartal 0"1)
nAts x�.;
This Is to certify that the interest in real Property conveyed by
the Deed or Grant dated March 22, 1983 from
Eugene F. Jerome and Luella J. Jerome
to the City of Lodi, a intmicipal corporation, is hereby acorpted by the under-
signed pursuant to authority conferred by Resolution 3847 of the City Council
of Lodi adopted on November 21, 1973. and recorded on December 4, 1973, is
Book 3523. Page 136„ Official Record; of San Joaquin County, and the Grantee
comma to recordation thereof by its duly authorized officer.
DATW: April 8, 1983
i
s
( satyr. )
City Clerk of the City of Lodi
' rz`e7
MEMORANDUM, City of Lodi, Public Works Department
TO: Public Works Director
FROM: Assistant City Engineer
DATE: March 14, 1983
SUBJECT: Turner Road Right -of -Way - Jerome
Mr. Ferguson, our right-of-way agent,contacted Mr. Jerome by phone last
Friday, March 11. After considerable discussion, they set up a meeting
for this morning, and this memo is a recap of Mr. Jerome's counter offer
to our attached letter of November 11, 1982.
Mr. Jerome is very aware of the final settlement with Snells because of
both the newspaper report and discussions he has had with the Snells.
Mr. Jerome does not feel that the value of the improvements should be de-
preciated since he is happy with them as they exist ($3,380). He also
feels that no compensation was included in the appraisal for relocation
of certain items (electrical service, gas service, or outside wall of
garage). These items are included in the appraisal under severance
($3,000).
Additionally, Mr. Jerome wants the City to be responsible for installation
of curb, gutter, sidewalk, and water service. Curb, gutter and sidewalk
cost is approximately $4,500 and the water service would be approximately
$2,200 ($2,076 reimbursement + $)24 plumbing). It is assumed the City
would be responsible for abandonment of the well.
The final counter offer of Mr. Jerome looks like this: ,�1 %rslc `t
b�o ��w►
Cash payment $18,L82.00 /� oo
City responsible for water service�� all street work.
Il
This price is approximately $5,382 a e original estimate, plus curb,
gutter, sidewalk and paving at a !x7mately $4,500 or 35% + curb,
gutter and sidewalk (Snell was curb, gutter and sidewalk).
It is suggested that we go back to Jerome and tell him we can't pay for
water/well twice. If he will accept the $15,000 + curb, gutter, sidewalk
End -paving, we will settle. He could make money by getting City water
now for $2,200 in lieu of replacing well at $3,400. This recommendation
is consistent with the Snell settlement.
If the Jeromes settle, it would be our recommendation that all Improve-
ments, including curb, gutter and sidewalk, be put in at this time for
both the Snell and Jerome properties.
E. Robison
Assistant City Engineer
Attachment
GER/eeh
iOovember 11, 1982
Mr. t Mrs. E. F. Jerome
1015 N. Cluff Avenue
Lodi, CA. 95240
Dear Mr. t Mrs. Jeroo i
The City Council recently Informed this department that they were
no longer Interested in the possibility of acquiring your entire
homesite as offered October 14, 1982, but are now Interested in
acquiring only the south 101. This would enable the street to be
widened to its final width or whatever interim width is deemed
necessary for safety.
The offer of $15,000 for the south 10' still remains in effect.
Should you wish to discuss this offer further, feel free to contact
me at any time.
Sincerely
G. E. Robison
Assistant City Engineer
cc i Mr. Ferguson
GE R,/eeh