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HomeMy WebLinkAboutAgenda Report - April 17, 1985 (49)rts-A,a1K, Hgenaa item k-1 - "tuna regarding M and R Packing RIGIT-OF-WAY Right-of-way Appeal" was introduced by City Manager APPEAL QiANi'ID Peterson. 733 SIOCKICN Public Works Director Ronsko presented the following back- `'�,� SiRIMT DEVELORVIEN T ground information regarding the subject, presented diagrams of the subject area, and responded to questions as were posed by Council. In January of 1983, Robert Mullen, acting in behalf of Central California Traction Conpany, submitted a Tentative Parcel Map for a Iot split of the OCT Co. parcel at the southwest corner of Stockton and Tokay Street. The map was circulated by the Connnmity Development Department, submitted to the Planning Commission, and approved by the Commission on February 14, 1983 with conditions as shown on a two page letter attached as Exhibir B. Item 6 of the conditions required dedication of 52 feet in conformance with the Specific Plan for Stockton Street in effect at that time. (352 feet on both sides of CL). On May 4, 1983, the City Council adopted Ordinance #1286, amending the Stockton Street Specific Plan to 40 feet on both sides of the centerline. In late November 1983, the final map was rfturned and all conditions of the tentative map were met. CCT Co.'s agent had been informed of the change in setbacks, and in answer had pointed out that if a map was filed within 18 months of the tentative map approval, the conditions cannot be changed. The final map dedicated the 52 feet in conformance with the conditions of the tentative map. The map was sent to the title company for transmittal to the County Recorder, and was recorded on December 1, 1983. On March 5th of this year, M R Packing, the new owners of one of the parcels, applit. s ?r a valued at approximately $25,000. The ov::i�rs were notified of the requirement for dedication of an additional 42 feet in conformance with the newer specific plan line. After several discussions with their engineer, their lawyer, and themselves, it was determined that in order for the City to issue a permit, it would be necessary for them to dedicate the 42 feet,-md.that the City of Lodi would enter into an agreement with than concerning future widening similar to a prior agreement with a local foundry. They were told that, in the interests of t ime, the City would issue the permit but not record the deed or agreement for 30 to 60 days i f they wished to appeal to the City Council. The City received the signed deed and agreement in mid March and issued the building permit on March 22, 1985. In accordance with the City's offer, and their request, the ;u::- deed and agreement are being held pending their appeal. Mr. C. M. Sullivan, Attorney-at-law, then addressed the Council regarding the matter on behalf of his client, M and R Packing Company, presenting background information concerning the subject, addressing facts pertaining to their appeal, and responding to questions as were directed by the Council. Following a lengthy discussion regarding the matter with questions being directed to Staff and to Mr. Sullivan, \ Council, on motion of Council Member Snider, Olson second, granted the appeal regarding the parcel situated at 733 South Stockton Street, Lodi. The motion carried by unanimous vote. ,s t 9 e CITYOF LODLIPUBLIC WORKS DEPARTMENT TO: City Council FROM: City Manager DATE: April 11, 1985 SUBJECT: Appeal of M & R Packing COUNCIL COMMUNICATION BACKGROUND INFORMATION: In January of 1983, Robert Mullen, acting in behalf of Central California Traction Co., submitted a Tentative Parcel Map for a lot split of the CCT Co. parcel at the southwest corner of Stockton and Tokay Street, copy attached as Exhibit A. The map was circulated by the Community Development Department, submitted to the Planning Commission, and approved by the Commission on February 14, 1983 with conditions as shown in the two page letter attached as Exhibit B. Item 6 of the conditions required dedication of 5Z feet in conformance with the SpecifCc Plan for Stockton Street in effect at that time. (351 feet on both sides of L). On May 4, 1983, the City Council adopted Ordinance #1286, amending the Stockton Street Specific Plan to 40 feet on both sides of the centerline. In late November 1983, the final map was returned and all ccnditions of the tentative map were met. CCT Co.'s agent had been informed of the change in setbacks, and in answer had pointed out that if a map was filed within 18 months of the tentative map approval, the conditions cannot be changed. The final map dedicated the 52 feet in conformance with the conditions of the tentative map. The map was sent to the title company for transmittal to the County Recorder, and was recorded. on December 1, 183. On March 5th of this year, M & R Packing, the new owners of one of the parcels, applied for a permit valued at approximately $25,000. The owners were notified of the requirement for dedication of an additional 412 feet in conformance with the newer specific plan line, after several discussions with their engineer, their lawyer, and themselves, it was determined that in order for the City to issue a permit, it would be necessary for them to dedicate the 412 feet, and that the City of Lodi would enter into an agreement with them concerning future widening similar to a prior agreement with a local foundry. They were told that, in the interests of time, the City would issue the permit but not record the deed or agreement for 30 to 60 days if they wished to appeal to the City Council. The City received the signed deed and agreement in mid March and issued the building permit on March 22, 1985. In accordance with the City's offer, and their request, the deed and agreement are being held pending their appeal. APPROVED: a. THOMAS A. PETERSON, City Manaqer FILE NO. City Council April 11, 1985 Page 2 The City received the attached appeal letter dated March 29, 1985, from Mullen, Sullivan & Newton (Exhibit D). L. Ronsko Public Works Director fitachments JLR/cag iNOW { am t . C. T. Co. '` 2 t 1/t. i't lt��b ,t'ffw ocr�ci/ b" f�orcPl 'A' „> r e,,;ii.:y east n+;rr 3yr Z~ M Z ZMr 1w-2 $ourN , 3rocKrov STREET L a � r Y � � ; � a � � � se• A a i ,S >, � ^ • Y Fit y 7 /WA /,V 5 ti 0 i" � it M•p � ZE t W 3 p `C t . C. T. Co. '` 2 t 1/t. i't lt��b ,t'ffw ocr�ci/ b" f�orcPl 'A' „> r e,,;ii.:y east n+;rr 3yr Z~ M Z ZMr 1w-2 $ourN , 3rocKrov STREET L a � r Y � � ; � a � � � se• A a i ,S >, � ^ • Y Fit y 7 FTx bit A ID i► 11 M 8 A C K & PIAZZA ,l.Crf.o..e Q• 1 p 1 AZ Z A CIVIL *"INtlR® OURVRYOR$ OAN»T001 Dft 1 ... eoeooe.0.e yG,tn�trpofl/yrClo /iH/vinMiou /7/i�o✓Jclia�l Cv. ,.oW..c. a o 6- ` Q � it M•p � ZE t W 3 p `C zi �) J: u `, ;0 3 S n gAz t3; FTx bit A ID i► 11 M 8 A C K & PIAZZA ,l.Crf.o..e Q• 1 p 1 AZ Z A CIVIL *"INtlR® OURVRYOR$ OAN»T001 Dft 1 ... eoeooe.0.e yG,tn�trpofl/yrClo /iH/vinMiou /7/i�o✓Jclia�l Cv. ,.oW..c. a o 6- February 15, 1983 Mr. Glen 1. Baumbach c/o Baumbach and Piazza Consulting Engineers 343 West Elm Street Lodi, CA 95240 Dear Glen: RE: Tentative Parcel Map- Central California Traction Company Southwest Corner East Tokay Street and South Stockton Street File No. M-83-2 At its meeting of Monday, February 14, 1983 the Lodi City Planning Commission approved the request of Central California Traction Company (c/o Robert Mullen, Attorney at Law) for a Tentative Parcel Map to create Parcels "A" and "B" at the southwest corner of East Tokay Street and South Stockton Street in an area zoned M-2, Heavy Industrial. The Planning Cocrmission's approva"1 was subject to the following conditions: 1. That Parcel "B" provide off-street and loading facilities in conformance with the City's Zoning requirements before the filing of the Final Parcel Map; 2. That the owner pay for separate water and sewer taps to each parcel with said taps being installed by the City; 3. That the owner separate existing utilities 1f they cross the new property line, and pay for the abandonment of unused water services; 4. That the owner install sidewalk where none exists as required by the Public Works Department; 5. That public utility easements as required by the various utility companies and the. City of Lodi be dedicated; and Exhibit :'� Mr. Glen 1. Baumbach. c/o Baumbach and Piazza February 15, 1983 Page 2 5. 'That the owner dedicate 51 feet of street right-of-way on South Stockton Street and a 25 foot radius at the Tokay- Stockton intersection and enter into an agreement with the City of Lodi that the owner can use the buildinns until such time as the City widens South Stockton Street, at which time the City will pay .for all necessary structural modifications. Sincerely, JAMES B. SCHROEDER Community Development Director cc: Robert Mullen, AtOorney at Law Jack Ronsko, Public Works Director WHEN RECORDED, RETURN TO: City of Lodi 221 West Pine Street Lodi, CA 95240 AGREEMENT 733 South Stockton Street APN 047-030-17 This Agreement entered into this day of , 1985, between the CITY OF LODI, hereinafter cal e City" and ROBERT L. REYNOLDS, CAROLYN W. REYNOLDS, DONALD R. REYNn`^c and BARBARA REYNOLDS, hereinafter called "Owner". WITNESSETH Owner has filed an application for a building permit at 733 South Stockton Street, and described as: Parcel A of the Parcel Map recorded on December 1, 1983, in Book 12 of Parcel Maps at page 111, San Joaquin County Records. In order to comply with the provisions of Section 22.18, et seq., of the Code of the City of Lodi, it is agreed as follows: 1. Owner is dedicating the necessary land for the future widening of Stockton Street. 2. City acknowledges that it is City's responsibility to modify the buildings and equipment in the newly dedicated right-of-way at such time that City desires to widen Stockton Street and agrees to modify the buildings and equipment at City's cost at such time as City deems it necessary to so widen said streets. 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. 4. Both parties agree to the recording of this Agreement. - 1 - Exhibit C D W IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first hereinabove written. CITY OF LODI, A Municipal Corporation By: THOMAS A. PETERSON; 'CITY MANAGER obert L. Reyn 404s Attest: Alice M. Reimche, City Clerk State of CALIFORNIA SS. County of SAN JOAQUIN OFFICIAL SEAL JAY LOVELESS NOTAi PUBLIC - CALIFORNIA 1QAQUIN COil Mmy m. expires FEB 5, I= VCNCMAL AI, NV`.-II.CVVmCrv-1- 1 IV V7L " r(/ —Carolyn,//M. R no s olz 'Donald R. Reynold ara Reynolds'- On this the 21st day of March 1985— before me, Jay Loveless the undersigned Notary Public, personally appearad ROBERT L. REYNOLDS, CAROLYN W. REYNOLDS, DONALD R. RSYNOLDS, and BARBARA REYNOLDS XX personally known to me ❑ proved to me on the basis of satisfactcry evidence to be the person(s) whose name(s) are subscribed to the within instrument, and acknowledged that they executed it. WITNESS my hand and official seal. Nota. ' Signa re Jay Loveless NAI IVNAL NV IAHT Abz, h'A 11VN. L.iV11 Yenl Vra {jlvp. • W0,0VIan0 MITIS. VA y1J54' U ROBERT - MULLEN C. M. SULLIVAN. JR. THOMAS J. NEWTON CRAIG RASM,;SSEN THOMA5 J. DRISCOLL. JR. STEF HEN C. SNIDER MULLEN, SULLIVAN & NEWTON ATTORNEYS AT LAW {111 WEST TOKAY STREET P O. Box 560 LOD1, CALIFORNIA 95241-0560 12091 334-5144 March 29, 1985 Mr. Glen Robison Assistant City Engineer City of Lodi P. O. Box 320 Lodi, California 95241 Re: M & R Packing Dear Glen: W "'o"5' ANTHONY N. PEROVICH ROBERT C. LITTS Coy OF LUDI rUCL:C V:CPKS DEPARTMEA7 Pursuant to our agreements of February 26 and my letter of March 7, 1985, request is hereby made to schedule a hearing on the right-of-way matter. We would like to appear before the Lodi City Council for a decision on April 17, 1985. I trust that the Council will be meeting at 8:00 p.m. on that date. If this date is inconvenient or inappropriate for some reason, please let me know. On the other hand, if it is satisfactory, please let us know our position on the agenda and when we should be present. CMS: dm cc: Mr. Jay Loveless Mrs. Alice Reimche Mr. Thomas A. Peterson Best regard , MULLEN, SI7 IVAN & NEWTON By C. M. L' AN, JR. i i E�chi bit D ROBF. OT H. MUL LEN C. M. SULLIVAN. JR. THOMA5 J. NEWTON CRAIG RASMUSSEN THOMAS J. DRISCOLL. JR. STEPHEN C. SNIDER MULLEN, SULLIVAN & NEWTON ATTORNEYS AT LAW 1{11 WEST TOKAY STREET P. O. BOX 560 LODI, CALIFORNIA 95241-0560 (209) 334-5144 March 7, 1985 City of Lodi P. O. Box 320 Lodi, California 95241 r — <o —tL AN'HONY N. PEROVICH ROBERT C LIT75 ATTENTION: G. E. Robison, Assistant City Engineer Re: 733 S. Stockton Street - Right -of -Way Agreement and Proposed Deed Gentlemen: I have your letter of February 26, 1985. My client is willing to sign a right-of-way Agreement and the Deed under the following conditions: I. You will hold the Deed in escrow and not record the same, nor the Agreement, until such time as the City Council has ruled on the application requesting that the building permit be issued without the necessity of dedi- cating the 4-1/2 feet. You will hold the Deed in escrow for no less than ninety days from March 15, 1985. In the event the property owner desires to appeal the deter- mination of the City Council to the Superior Court and file suit within said ninety -day period (prior to June 15, 1985,) then the Deed and right-of-way Agreement will be held in abeyance until such time as the Superior Court enters judgment. If the judgment is favorable to the pro- perty owner, of course, the Agreement and Deed will be returned, and if it is against the property owner, then you will be permitted to record the enclosed documents. 2. Upon receipt of the Deed and Agreement, you will issue your building permit, assuming a plan check has been completed. 3. The movement or relocation of equipment within the building and the exterior and interior damage to the building, due to the widening of Stockton Street, will be at the sole cost and responsibility of the -City. 4. The remaining terms and conditions of our City of Lodi P ag e TWO March. 7, 1985 Agreement are as set forth in your letter of February 26, 1985, and the right o y t. If there is anything in this letter that the City takes exception to, please let me know immediately. Best regards, MULL N; SULLIVA N 'TON B LI AN, JR. CMS:dm cc: Mr. Jay Loveless Mr. Ronald B. Stein April 18, 1985 RECEIVED DATE: APR 2 3 1985 ALICE M. REIMCHE CITY CLERK CITY OF LODI Mr. Bud Sullivan Litts, Mullen, Perovich, Sul i Ivan 3 newton 1111 N. Tokay Wdi. CA 95240 SUBJECT: 733 Stockton Street Development In accordance with the City Council's granting of your appeal regarding the above parcel, we are returning the deed and agree- ments for your destruction. Sincerely G. E. Robison Assistant City Engineer Enclosures GER/eeh