HomeMy WebLinkAboutAgenda Report - April 15, 1987 (85)1.�DI
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CITY OF L
NT
PUBLIC WORKS.DEPARTME
TO:
FROM:
MEETING DATE
City Council
City Manager
April 15, 1987
COUNCIL COMMUNICATION
AGENDA TITLE: Approve Agreement Regarding Encroachment Into Right -of -Way
at 230 S. Cherokee Lane
RECOMMENDED ACTION: That the City Council approve the agreement regarding
the building encroachment into City right-of-way and authorize the City
Manager and City Clerk to sign this agreement.
BACKGROUND INFORMATION: The owner of 230 S. Cherokee Lane has submitted
pans .or remo a ing is building. Prior to the issuance of the building
permit, the Public Works Department required that additional right -c, -way be
dedicated on Lodi Avenue. This y. Theion ownershasesignedthe
aneagreemeitbuilding
encroaching into the right-of-way. g
the City indicating that he will relocate the building should more than 50%
of the building be destroyed. The agreement also indicates that the City
will modify the building in the new right -of --way when the City decides to
widen Lodi Avenue.
Jack Ronsko
ublic� Works Director
JLR/WF/ma
NTI
'
This Agreement entered into this day of 198, bet -Ween the
CITY OF LODI, hereinafter called "City" and hereina ter ca ed wner."
W I T N E S S E T H
Owner owns the property located at 230 South Cherokee Lane, Lodi, California,
described as a portion. of Lot 5, Lodi Trotting Park, as recorded Feb. 10, 1891
in Book of Maps, Vol. 2, page 70, San Joaquin County Records.
City and Owner agree as follows:
1, owner is dedicating by separate instrument the necessary land for the
future widening of Lodi Avenue.
2. City acknowledges and agrees that it is City's responsibility to
modify the buildings presently in the newly dedicated right-of-way at such
time that City desires to widen Lodi Avenue and agrees to modify the buildings
at City's cost at such time as City deems it necessary tc so widen said street
in such a manner that the dining capacity is not decreased, a drive-through
window can still be accommodated, and the number of parking spaces will not be
less than ten (10).
3. Owner acknowledges that in the event the buildings presently in the
newly dedicated right-of-way are intentionally demolished or damaged or
partially destroyed by fire or any other calamity or act of God to the extent
of more than fifty percent of its reasonable value at that time, no repairs or
reconstruction shall be made, unless every portion of such building is made to
conform to all regulations of the district in which it is located.
IN WITNESS WHEREOF, the parties have executed this Agreement this day and year
hereinabove written.
CITY OF LODI, A Municipal Corporation
By:
Attest
H M S N, ity Manager
MEL TE SI, Zwner