HomeMy WebLinkAboutAgenda Report - May 6, 1987 (50)OF
LODI
v� <�ENT
' i
COUNCIL COMMUNICATION
TO: City Council
FROM: City Manager
MEETING DATE: Mas' 6, 198
AGENDA TITLE: Approve Agreement afor
oracWell
1ORnecat�LireoStreet toff dof
Of
Central Ca+
Guild Avenue
RECOMhiEN ED D ACTIO t the Cit Council approve the agreements for the
_ , Well t of Lodi and Wi�tliam.
acquisition of a Weil site for Well 1OR between he City
and Marian Johnson.
iations
BACKGROUND INFORMATION: Steislourhhopeas eto haveen in eantagreement�by th the
of
;3ohnsons for some time- of the
this week. If agreement is ~eached, we will hand -deliver a cagy.., 1987.
purchase agreement to the City Council no later than Tuesday,
May 5,
' however we dc, not reach agreement, this item, along with the award on the
I
Well Drilling, will have to be pulled from the agenda.
Jack L. Ronsko
pubijc Works Director
jt-RJ�EP /ma
FILE NO.
APPROVED:
April 29, 1987
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MEMORANDUM
To: Honorable Mayor and Council Members
From: City Attorney
Date: May 5, 1987
Re: Agreement for Well IOR Acquisition, East Side of Central
California Traction Line at Lime Street off of Guild Avenue.
Attached hereto are copies of the Agreements between the City and
William F. and Marian S. Johnson for the acquisition of a well site for
Well 10R. These Agreements include the following major items:
1. Acquisition of well site.
2. Sanitary se��Pr exclusion easement.
3. Access and maintenance easement.
4. Lease Agreement cover inti old well property.
As you are aware, these Agreements are to be cc,nsidered for approval at
the May E, 1987 City Council meeting.
If you have any questions or concerns, please feel free to contact Jack
Ronsko or Glenn Robison at City Hall, 333-6706, since I will be
attending the City Attorney's conference in Monterey, May 6 - B. Thank
you.
Ronald M. Stein
City Attorney
RMS:vc
attachment
cc: Glenn E. Robison, Asst. City Engr.
well I0/txta.Oly
AGREEMENT
18695 Nortn Kennison Lane
APN 049-130-26
THIS AGREEMENT entered into this day of
1987, by and between WILLIAM F. JOHNSON
and MARIAN S. JOHNSON, hereinafter called "Grantor," and
the CITY OF LODI, hereinafter called "City
W I T N E S S E T H:
1. Grantor agrees to grant to the City and the
City agrees to accept a grant deed for that certain real
property in the County of San Joaquin, State of California,
described as follows:
A po-tion of the Northwest quarter of Section
5; Township 3 North, Range 7 East, Mt. Diablo
Base and Meridian being more particularly
described as follows
Commencing at the Northwest corner of said
Section 5; thence South, 880.61 feet; thence
easterly 50 feet to a point being the
Southwest corner of the Johnson property as
described in the deed filed in Book 2594 of
Official Records, Page 245, San Joaquin
County Records and the Northwest corner of
the Johnson property as described in
Recorder's Instrument No. 85076299, San
e
Joaquin County Records, &lso being the True
Point of Beginning; thence South along the
East line of the Central California Traction
property 60.0 feet; thence easterly parallel
to the line common to the 3ohnsonprce operties
above described, 60.0 feet; long the line
60.0 feet; thence westerly,
common to the Johnson properties, 60.0 feet
to the True Point of Beginning.
Reserving an easement for maintenance and
access more particularly described as:
Beginning at the True Point of Beginning
above described; thence easterly along the
line common to the Johnson properties, 60.0
feet; thence South, 5.0 feet; thence
feet;
westerly, 60.0 feet; thence
to the True Point of Beginning.
-1-
Also an easement to exclude the construction
of any sanitary sewer facilities within 100
feet of the following described radius point:
Commencing at the True Point of Beginning of
the above described; thence Soutar, 50.0 feet;
thence easterly, parallel to the line common
to the Johnson properties above described
50.0 feet to the said radius point.
2. Grantor agrees, in addition to the above, to
grant City a 12' construction easement, 12' south of and
12' east of the above described grant deed for a period of
six (6) months from the date of this agreemer.t.
3. City agrees to pay Grantor the sum of
$2,740.00 for the property above described in paragraphs 1
and 2 upon drilling of an acceptable test well by City and
when title is transferred to City free and clear of liens
and encumbrances except unpaid current taxes, covenants,
conditions, restrictions, and utility easements of record,
of any.
4. City agrees, in addition to the cash con-
sideration, at no expense to the Grantor, to:
A. Construct and maintain a 6' chain link
fence as shown on the attached Exhibit A.
B. Maintain the existing ditch along the
west property line of the acquired parcel.
C. Provide Grantor with a copy of a Record
of Survey of the acquisition.
D. Provide Grantor with water for irrigation
of remainder of parcel at 18695 N. Kennison Lane if, o
any one day, within eighteen (18) months of the City well
being on line, the differential between standing water
level and the water level measured when the City's well is
pumping -at maximum capacity is more than six (6) feet.
The differential taken refers to both measurements being
taken from Grantor's existing well site on the remainder
of said parcel at 18695 N. Kennison Lane.
City acknowledges an obligation to make
Grantor whole and in order to accomplish this objective
agrees, at Grantor's option, to provide said irrigation
water by either:
1. Providing a �- 2` outlet from C..t- ma -in
with required backflow device, and charge for water at
going rates for City water used for agricultural use only,
or
2. Providing necessary funds to Grantor to
obtain water in the after condition in terms of quantity
and pressure equal to the existing quantity and pressure.
In order to accomplish the stated objective of making the
Grantor whole, the City shall provide funding for any or
all of the following options:
(a) Refurbish existing system;
(b) Install new system (pump, motor,
electrical service.;
(c) Utilize old system in new 12"
on-site agricultural well; and
(d) Install new system in new on-site
agricultural well.
It is understood that the City may elect
any of the options referred to above, but in the event
that such options are completed and do not meet the stated
objective, then the City shall be required to exercise one
of the remaining options.
Should a new well be required, City will
provide water for irrigation during the period of drilling
the well and pay for abandonment of the old well to County
requirements.
In order to accomplish the stated objec-
tive of making the Grantor whole, the City does agree to
reimburse, for a period of fifteen (15) years from the date
that the City's well shall be on line, Grantor for the in-
creased pumping cost caused by a drop in the water table
anticipated as a result of the City's well being on line.
The parties agree that following the completion of certain
repairs to Granter's existing well system, to be made by
Grantor, and before the City's well shall be on line, the
parties shall jointly request for a pump test report from the
Pacific Gas & Electric Company to establish the kilowatt hours
per acre foot required for pumping from Grantor's well in
the "before" condition. Following the City's well being
on line, should the water level drop 6' as hereinabove des-
cribed, the parties shall request another pump test report
to determine the kilowatt hours per acre foot required in
-3-
the "after" condition. City shall pay the increased
purfping cost on a semi-annual basis to Grantor. After a
period of two (2) years, the parties sh::ll make reasonable
and good faith efforts to reduce the remaining term to a
lump sum payment to Grantor.
E. Should an on-site electrical service pole
be required, the City will install it at the lowest legal
height end as near the west fence line as reasonable.
F. Provide reversionary clause in grant
deed, either in an "as is" condition or restored to its
original condition, at Grantor's option.
S. Paragraph 4D above becomes null and void if
remaining parcel is divided into two or more parcels or is
annexed to the City of Lodi. This paragraph shall not
apply in the event that the annexation is involuntary on
the part of the Grantor.
6. City agrees to pay all title, escrow and
recording fees.
7. Both parties agree to the recording of this
Agreement and all necessary deeds.
8. Both parti-s agree that they have herein set
forth the whole of their agreement. The performances of
this Agreement constitute the entire consideration and
shall relieve City of all further obligations or claims.
9. This Agreement is binding on heirs, execu-
tors, administrators and assigns of the parties hereto.
10. In the event either party hereto breaches the
terms, conditions and covenants of this Agreement then,
the party prevailing in any suit to enforce this Agreement
or to restrain the breach thereof, shall in addition to
any other relief or damages awarded be entitled to a
reasonable attorney's fee and all costs of suit to be set
and determined by, any court of competent jurisdiction and
added to any judgment obtained.
11. It is understood by the Grantor that this
Agreement must be accepted by the Lodi City Council and is
void if test well provies unacceptable.
QC
IN WITNESS WHEREOF, the parties have executed
this Agreement the day and year hereinabove written.
CITY OF LODI,
A Municipal Coporation WILLIAM F. JOHNSON
By _
THOMAS A. PETERSON MARIAN S. JOHNSON
City Manager
Herein called "Grantor"
ATTEST:
ALICE M. REIMCHE
City Clerk
Herein called "City"
F�'PR0VM AS TO FORM
MNAJD M. STEITd
City Attorney
LEASE AGREEMENT
�:m
The City of !_nd, a. un -.c' -a l corporation, ��:"cinditEY' ��( l ltd
does hereby lease to William F. and Marian S. Johnson, hereinafter called
"Lessees", the real property situated in the County of Sari Joaquin, State
of California, described as follows:
Commencing at an iron pin marking the section corner comm -on to
Sections 31 and 32, Township 4 North, Range 7 East., and Sections
5 and 6, Township 3 North, Range 7 East, Mount Diablo Base and
Meridian; thence North 88°36' East along township line common to
Townships 3 and 4 North, Mount Diablo Base and Meridian, 55.0
feet to the true point of beginning; thence North 100.0 feet to
a point; thence North 88036' East 40.0 feet to a point; thence
South 22°00` East 106.8 feet to a point; thence South 88036' West,
along aforementioned township line, 80.0 feet to said true point
of beginning.
Reserving unto City the right to construct, maintain, repair, replace,
remove and operate lines for public utilities, both publicly and
privately owned, together with the right to enter upon the land herein
described to the extent that such entry may be necessary for the
constructing, maintaining, repairing, replacing, removing, and
operating said lines or appurtenances thereto, in, over, under, and
across the property.
City and Lessees agree that:
1. Lessees shall have the right to cancel this Lease Agreement upon 30
days' written notice to City.
2. City shall have the right to cancel this Lease Agreement upon 90 days'
written notice to Lessees, if the parcel is needed for City purposes.
3. No trees are to be planted or allowed to grow within seven feet of the
east property line.
4. The term of this Lease Agreement will expire on December 31, 2037, or
when Lessees or their children no longer own the property adjacent to
the south property line, whichever event occurs earlier.
5. The amount due under this Lease Agreement is $1.00 per year, due and
payable on January 1 of each year. Nonpayment by March 31 of any year
automatically cancels the Lease Agreement in its entirety.
l
6. This Lease Agreement is binding on Lessees` heirs, e;, colors, and
administrators only.
IN WITNESS WHEREOF, the parties have executed this Lease Agreement.
this day of I987.
CITY OF LODI LESSEES
Sv Thomas A. Peterson
City Manager
ATTEST:
Alice M. Reimche
Citv Clerk
4/20/87
William F. Jo nson
Marian S. Johnson
i8
AGREEMENT
1;807 North Kennison Lane
APP: 049-130-03
dof 1987, by
a
THIS AGREEMENT entered into this 3
and between WILLIAM F. JOHNSON and -MARIAN S. JOHNSON, hereinafter called
Grantor, and the CITY OF LODI, hereinafter called City.
W I T N E S S E T H
Grantor agrees to grant to the City and the City agrees to accept an
1 Access and Maintenance Easement and a Sanitary Sewer Exclusion Easement
and Deed for that certain real property in the County of San Joaquin,
State of California, desc,ibed as follows:
An easement for maintenance and access being a portion of the
Northwest Quarter of Section 5, Township s Porth, Range 7 East,
Mount Diablo Base and Meridian being more particularly described as
follows:
Commencing at the Northwest corner of said Section 5; thence South,
880.61 feet; thence easterl« 50 feet to a point being the Southwest
corner of the Johnson property as described in the deed filed in
Book 2594 of Official Records, Page 245, San Joaquin County Records
and the Northwest corner of the Johnson property as described in
Recorder's Instrument No. 85076299, San Joaquin County Records, also
being the True Point of Beginning; thence North along the East line
of the Central California Traction property 10.0 feet; thence
easterly parallel to the line common to the Johnson properties above
described, 60:0 feet; thence South, 10.O.feet; thence westerly,
along the line common to the Johnson properties, 60.0 feet to the
True Point of Beginning.
Also an easement to exclude the construction of any sanitary sewer
facilities within 100 feet of the following described radius point:
Commencing at the True Point of Beginning of the above described;
thence South, 50.0 feet; thence easterly, parallel to the line
common to the Johnson properties above described 50.0 feet to the
said radius point.
2. City agrees to pay Grantor the sum of $360.00 for the easements above
by
described upon drilling of an acceptable test well Ci City on the
adjacent property and when title is transferred to Cifree and clear
of liens and encumbrances except unpaid current taxes, covenants,
conditions, restrictions, and utility easements of record, if any. €
sh consideration, at no expense to the
3. City agrees, in addition to the ca
Grantor, to: i
- 1 -
a) Lease the existing well site near the northwest corner of Grantor's
parcel to Grantor for $1.00 per year for 50 years, subject to an
easement over the entire parcel for public utilities.
b) Provide reversionary claus- '- deed, based on continued use of new
well site immediately south of Grantor's parcel.
4. City agrees to pay all title, escrow and recording fees.
5. Both parties agree to recording of this Agreement and any necessary
deeds.
b. 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 obligations or
claims.
7. This Agreement is binding on heirs, executors, administrators and
assigns of the parties hereto.
8. In the event either party hereto breaches the terms, conditions and
covenants of this Agreement, then the party preva4'in9 in any suit to
enforce this Aoreement or to restrain, the breach thereof shall, in
addition to any other relief or damages awarded, be entitled to a
reasonable attorney's fee and all costs of suit to be set and determined
by any court of competent jurisdiction and added to any judgment
obtained.
9. It is understood by the Grantor that this Agreement must be accepted by
the :Lodi City Council and is void if test well proves unacceptable.
IN WITNESS WHEREOF the parties have executed this Agreement the day and year
hereinabove written.
CITY OF LODI, A Municipal Corporation.
By
Thomas A. Peterson, City Manager
Attest:
A ice M. Reimche, City C erk
Herein called "City"
2 -
LL M N
NS. JHNSN
Herein called "Grantor"
CITY OF LODI
UCii Cx.iiJZ::1a
221 W. Pine St.
ADI,IE'RTISING hNSTRLCTIONS
NEGATIVE DECLARATION
WELL =10 REPLACEMENT
SUBJECT:
PUBLISH (naTES): 2/2/9' - 1 day only
c
f)cpartment
1 Extra (only) DILI��IR lii: 1'l:iitnfiiE;
TF-,V,SI'..' r
i J � �1�' 1 iry :
AFFIDAVI-T & B= TO: City of Lodi, 221 W. Pine St. , Commkinity Development Dept.
Ii4TE
1 /24/g7 OI',D) ('�F [i BY JA`tE:S Ei. SCifP.OE DGR _
TITLE. C,,m1111jjjjty novelj�pm.-nt Director
NOTICE OF NEGATIVE DECLARATION FOR
WELL #10 REPLACEMENT
City of Lodi
ND -87-3
Notice is hereby given that the Community Development
Director has filed a Negative Declaration. for WELL #10 REPLACEMENT.
The project consists of the installation of a replacement of a public
water well and its appurtenances at a new well site location. The well
is located east and and adjacent to the Central California Traction
Railroad, at the end of Lime Street, in the County of San Joaquin.
Information regarding this item may be obtained in the
office of the Community Development Director at 221 West Pine Street,
Lodi, California. All interested persons are invited to present their
views and comments on the Negative Declaration. Written statements may
be filed with the Community Development Director at any time prior to
February 23, 1987.
By Order of the City of Lodi.
JAMES B. SCHROEDER, Director
Community Development Department
Dated: January 29, 1987
NOT/DEC,TXTD.OIB
SPECIAL MEETING
CITY COUNCIL, CITY OF LOCI
LODI DROP IN CENTER
114 NORTH MAIN STREET
LODI, CALIFORNIA
FRIDAY, MAY 15, 1987
7:00 A.M
Pursuant to State Statute, the following notice was mailed under declaration of
mailing to persons listed under Exhibit B attached advising of a special
meeting of the Lodi City Council to be held on Friday, May 15, 1987.
NOTICE AND CALL OF SPECIAL MEETING
OF THE LODI CITY COUNCIL
TO THE MEMBERS OF THE CITY COUNCIL OF THE CITY OF LODI, CALIFORNIA,
AND TO THE CITY CLERK:
NOTICE IS HEREBY GIVEN that a Special Meetinq of the Council of the City of
Lodi, California, is hereby called to be hrrld on Friday, May 15, 1987 at 7:00
a.m., at the Lodi Drop in Center, 114 North Main Street, Lodi, California.
Said Special Meeting shall be for the purpose of:
1. Tour of the Lodi Drop In Center, 114 North Main Street, Lodi
Dated: May 5, 1987
ROLL CALL
Evelyn M. Olson
Mayor
Alice M. Reimche
City Clerk
The meeting was called to order by Mayor Olson at 7:00 a.m.
Roll call was recorded by acting City Clerk, City Manager
Thomas A. Peterson, as follows:
Present: Council Members - Hinchman, Pinkerton,
Snider, and Olson (Mayor)
Absent: Council Members - Reid
Also Present: City Manager Peterson, Assistant City
Manager Glenn, City Attorney Stein and
Representatives of the Lodi Drop In Center
continua may 15, i98-11
The Council and Staff were guests of the Drop In Center for
CC-27(a)breakfast. Following breakfast, a tour was conducted of
CC -90 the facility. Discussion followed with questions being
directed by Council to staff and representatives of the
Drop In Center_
ADJOURNMENT The meeting was adjourned at approximately 8:30 a.m.
Attest:
Thomas A. Peterson
Acting City Clerk
Alice M. Reimche
City Clerk
NOTICE 01 SnECIC0UNf-IL MlEET1"dG
MAILING LIST
IBIT "B"
Fred M. Reid
1168 Northwood
Lodi, CA 95240
John R. Snider
301 South Ham Lane, Suite A
Lodi, CA 95240
David M. Hinchman
1131 South Pleasant Avenue
Lodi, CA 95240
James W. Pinkerton
916 West Turner Road
Lodi, CA 95240
Evelyn M. Olson
730 West Lodi Avenue
Lodi, CA 95240
KCVR Radio
P. 0. Box 600
Lodi, CA 95241
KSTN Radio
3171 Ralph Avenue
Stockton, CA 95206
City Clerk
City of Lodi
Community Development Director
City of Lodi
COUN/16
TXTA.02D
Lodi News Sentinel
Attn: Julie Schmit
125 North Church Street
Lodi, CA 95240
King Videocable
Attn: Ms. Deanna Enright
1521 South Stockton Street
Lodi, CA 95240
Linda Layfield
Stockton Record
1469 West Elm Street
Stockton, CA 95203
Lodi Magazine
P. 0. Box 648
Lodi, CA 95241
City Manager
City of Lodi
Assistant City Manager
City of Lodi
City Attorney
City of Lodi
Public Works Director
City of Lodi
11
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