HomeMy WebLinkAboutAgenda Report - May 15, 1985 (103)CITY COUNCIL MEETING
MAY 15, 1985
SOUTH HAM LANE
RIGHT-OF-WAx
The necessary documents for the right-of-way acquisition
on South Edam Lane between Walnut Street and Elm Street were
presented for Council's approval. Council was reminded that
the City Council authorized the procurement of right-of-way
for construction sometime ago. A copy of the agreement
which covers this acquisition was presented for Council
perusal.
COUNCIL AUTHORIZED THE CITY MANAGER AND THE CITY CLERK Zb
EXECUTE THE NECESSARY DOCUMENTS BETWEEN WIIZ ARD H.
TAKAHASHI AND THE CITY t,7 LODI COVERING THE
RIGHT -0F -WAY ACQUISITION ON SOUTH HAM LANE BEAVEEN WALNUT
STREET AND EIM STREET.
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9�rr:pNaCITY OF 1.0131.
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PUBLIC •'DEPARTMENT
TO: City Council
FROM: City Manager
DATE: May 8, 1985
SUBJECT: South Ham Lane Right -of -Way
COUNCIL COMMUNICATION
RECOMMENDED ACTION: That the City Council authorize the City Manager and City
Clerk to execute any necessary documents for the right-of-way acquisition on
South Ham Lane between Walnut Street and Elm Street.
BACKGROUND INFORMATION: The City Council authorized the procurement of right-
of-way for construction sometime ago. The first of three parcels has been ob-
tained at the appraisal cost as shown on the attached agreement. We recommend
the approval of this agreement and that you authorize the City Manager and City
Clerk to execute same for the City. At the same time, we recommend you authorize
the City Manager and City Clerk to execute like agreements on other parcels as
we reach agreempnt.
ack L. Ronsko
ub1 i Works Director
Attachment
JLR/GER/eeh
APPROVED: - FILE NO.
THOMAS.;•A. PETERSON, City,Manager
RIGHT-OF-WAY AGREEMENT
31 North Ham Lane
APN 035-110-06
THIS AGREEMENT entered into by and between WILLARD H. TAKAHASHI,
hereinafter called Grantor, and the CITY OF LODI, hereinafter called City.
In consideration of mutual covenants, terms and conditions herein
contained, it is hereby mutually agreed that: -
1. GkANTOR shall:
A. Grant to the City a grant deed for that certain real property in
the City of Lodi, County of San Joaquin, State of
California, described as follows:
A portion of the Southwest Quarter of Section 2, T.3N.R.6E.,
M.D.B. & M., being more particularly described as follows:
BEGINNING at the Northeast corner of Lot 13, WELLINGTON PARK,
as filed for record August 4, 1953 in Volume 13, page 160,
San Joaquin County Records; thence the following four courses;
(1)N.0°38'00"W., 99.84 feet; (2) S. 89°41'50" E., 40.00 feet
to a point in the East line of said Southwest Quarter;
(3) S.0°38'00" E. along said East Line, 99.83 feet;
(4) N.89042'45", 40.00 feet to the point of beginning.
EXCEPT that portion in the County Road.
together with the right to enter onto the remaining property as
necessary for the reconstruction and widening of Ham Lane.
2. CITY shall:
A. Pay Grantor the sum of $7,590 for the property above described
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, if any.
1. This payment includes payment for the above described property
and the following:
a. Brick mowing strip
b. Split rail fence
c. Picket fence
d. Lawn and sprinklers
e. Concrete drive and walks
f. Shrubs and bushes
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B. Pay all title, escrow and recording fees.
C. Record the accompanying grant deed.
3. This agreement may be recorded.
4. Herein is set forth the whole of this agreement. The performances of
this Agreement constitutes and shall relieve City of all further
obligations or claims.
5. This agreement is binding on -heirs, executors, administrators and
assigns of the parties hereto.
6. 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
judgement obtained.
IN WIT4:vr
HEREOF the parties have executed this Agreement this � day
of , 1985.
CITY OF LODI, A Municipal Corporation
By:
City Manager
Attest:
Alice M. Reimc e, City Clerk
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Willard H. Takahashi