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HomeMy WebLinkAboutAgenda Report - August 17, 1983 (47)ACRERVE'Tr WITH Following introduction of the matter by City Clerk, Council, SAN JOAQUIN on mit ion of Mayor Pro Ta pore Snider, Olson second, adopted O0 N1Y FCR Resolution No. 83-97 approving a Contract with the County GAIN SERVICES Clerk's Office for certain services involved in the 11/8/83 \ ,KR 11/8/83 County -Wide Consolidated Election. ELBCf ICN RFS. NO. 83-97 Q�.914!1!v IN COUNTY R&LPH W. EPPERS4W OFFIC-,1O THCOUNTY CLERK--•�E•� Pursuant to your request for a more critical estimate of the cost of subject election within the city limits of Lodi, please be advised that, under a full service contract, the county's incurred costs, to be reimbursed by those agencies conducting elections within the City would be approximately $1.50 per registered voter. As of July 18, 1983, Lodi's voter registration count — — was 17,000 which at $1.50 each would be $25,500.00. If Delta Junior College and Lodi Unified were to go to election, then the City of Lodi would split the prorated share three ways within those precincts within the City; i.e., a precinct supply kit may cost $15.00. This cost would be split three ways at $5.00 per jurisdiction. However, if the cost does not justifiably split, then that cost would be prorated; i.e., the City of Lodi, with its measure, impartial analysis and arguments were to take up three pages of -a five page sample ballot, then the City would be billed for three/fifths of the cost for the sample ballots within that ballot type. Finally, in the event that no other district has a col►test going within the City of Lodi, we should be able to rescind the consolidation order or amend the City/ County contract so you and your staff could h'-ile more of the responsibilities and thus reduce the County's costs. Very truly yours, RALPH W. PPERSON COUNTY CLERK RWE : tb REGISTRATION-ELE&HON DIVISION BRUCE R. WRIT 41"op/* ;3a,�� LICE �t-�C.. C Ptq�+t`(:"R AY[NLE ASST COutirr 61EwK � s �! KI tGALTFORNIA 95202 tZ091 9446.29T, HERBERT B NfEEKE3 C -41F EtECT*nS Ct.EN.a MAILING ADDRESS P.O. BOX 810 August 9, 1983 Alice M. Reimche City Clerk City of Lodi 221 W. Pine Street P. 0. Box 320 Lodi, CA 95241 rl Subject: November 8, 1983 Election Costs Dear Alice: Pursuant to your request for a more critical estimate of the cost of subject election within the city limits of Lodi, please be advised that, under a full service contract, the county's incurred costs, to be reimbursed by those agencies conducting elections within the City would be approximately $1.50 per registered voter. As of July 18, 1983, Lodi's voter registration count — — was 17,000 which at $1.50 each would be $25,500.00. If Delta Junior College and Lodi Unified were to go to election, then the City of Lodi would split the prorated share three ways within those precincts within the City; i.e., a precinct supply kit may cost $15.00. This cost would be split three ways at $5.00 per jurisdiction. However, if the cost does not justifiably split, then that cost would be prorated; i.e., the City of Lodi, with its measure, impartial analysis and arguments were to take up three pages of -a five page sample ballot, then the City would be billed for three/fifths of the cost for the sample ballots within that ballot type. Finally, in the event that no other district has a col►test going within the City of Lodi, we should be able to rescind the consolidation order or amend the City/ County contract so you and your staff could h'-ile more of the responsibilities and thus reduce the County's costs. Very truly yours, RALPH W. PPERSON COUNTY CLERK RWE : tb v SAN JOAQUIN COUNTY p c'r M RAI0FI w EMRSON OFFICE OF THE COUNTY CLERK COUNTY CLERK e_ r I w* _0) !it A. rA REGISTRATION -ELECTION DIVISION it• CAST WCOEtt AVCNUC ALICE M. REi :CH—c STOCKTON. CALIFORNIA 95202 CITY CLERK YCLEPN0I4E q-0,) 944-2117tC; I 1 ` OF LCui • v MAILING ADDRESS P.O. BOX 610 August 1, 1983 Alice Reimche City Clerk City of Lodi 221 W. Pine Street Lodi, CA 95240 Dear Mrs. Reimche: OR%= R. AVRIT ASST COUNTY CLERK NERBERT IL W"AES C-191 ELECTx" CLEft Enclosed you will find three copies of the Agreement between San Joaquin County and the City of Lodi which have been signed by George Cunningham, Deputy County Counsel. Please note the wording in paragraph 1 regarding consolidation whenever possible and in paragraph 4 -regarding prorating the cost of the election. If you should have any questions regarding the agreements, please contact Judy. Podesta or the undersigned at (209) 944-2671. Very truly yours, RALPH W. EPPERSON COUNTY CLERK 01 lee - y: Herbert; B. We Chief Elections Clerk RWE:HBW:tb enc. AGREEMENT THIS AGREEMENT, made this day of _ 1983, between the County of San Joaquin, a political subdivision of the State of California, hereinafter called "COUNTY" and the City of Lodi, a municipal corporation hereinafter tailed "CITY". WITNESSETH WHEREAS, the City desires to hold a special election to be held on the 8th of Noverfier, and the City desires to make use of certain services, facilities, and equipment of the Registration -Election Department and to pay the County for its cost thereof, pursutint to the provisions of this agreement. NOW, THEREFORE, it is hereby agreed as follows: 1. The County shall consolidate this election with any other entity holding an election on this date. 2. The County agrees to made no changes in precinct boundaries within ninety (90) days of the election. 3. The County agrees that the Registration -Election Department shall do the following things for the City: (a) Furnish one map showing all precincts embraced in whole or part of the City of Lodi (b) Shall order all supplies as needed for said election. (c) Prepare precinct consolidations, secure election officers and polling places, and mail the Notice of Appointment to each election officer. (d) Provide for delivery and return of all equipment and supp"ei used in said election. (e) Prepare all election materials, supplies an -1 equipment as needed for - said election. (f) Prepare indexes and rosters to precinct consolidations. Provide the City Clerk with as many copies as requested. (g) The City agrees to pay their proportion of the cost of publication of election officers and polling places. (h) Address and mail voters pamphlet containing sample ballot, absentee voter information and any other election materials required to be nwiled to the voters. sf':'J (i) Prepare the Official Canvass of the results of the election for submission to the City Clerk and City Council. Perform such other duties and services as may be required. 4. The City agrees to pay the County its proportioned costs for all services, facilities, and equipment furnished by the County to the City in connection with said election, immediately upon receipt by the City of a statement from the County setting forth the actual cost of the County for services, facilities, and equipment so furnished. The County will endeavor to keep all expenses at a minimum. IN WITNESS WNEREOF,that the parties hereto have hereunto set their hands and seals the day and year first above written. ATTEST: JORETTA J. HAYDE Clerk of the Board of Supervisors of the County of San Joaquin, State of California Deputy Clerk Chairman of said Board Of upery cors " COUNTY" a APPROVED AS TO FORM: a� H CITY OF CODI, Amunicipal corporation Deputf Courtty Counsel Mayor ATTEST: m "CITY" City Clerk APPROVED AS TO FORM: City Attorney K - AGREEMENT tiz THIS AGREEMENT, made this day of 1983, between the County of San Joaquin, a political subdivision of the State of °F,}H California, hereinafter called "COUNTY" and the City of Lodi, a municipal corporation hereinafter called "CITY". WITNESSETH WHEREAS, the City desires to hold a special election to be held on the 8th of November, and the City uesires to make use of certain services, facilities, and equipment of the Registration -Election Department and to pay the County for its cost thereof, pursuant to the provisions of this agreement; NOW, THEREFOP.E, it is hereby agreed as follows: 1. The County shall consolidate this election with any other entity holding an election on this date. I.: y 2. The County agrees to made no changes in precinct boundaries within r. ninety (90) days of the election. 3. The County agrees that the Registration -Election Department shall do the following things for the City: (a) Furnish one map showing all precincts embraced in whole. or par-t.of,. the City of Lodi (b) Shall order all supplies as needed for said election. (c) Prepare precinct consolidations, secure election officers and polling places, and mail the Notice of Appointment to each election officer. (d) Provide for delivery and return of all equipment and supplies used in said election. (e) Prepare all election materials, supplies and equipment as needed for said electi3n. (f) Prepare indexes and rosters to precinct consolidations. Provide the City Clerk with as marry copies as requested. (g) The City agrees to pay their proportion of the cost of publication of election officers and polling places. (h) Address and mail voters pamphlet containing sample ballot, absentee voter information and any other election materials required to be m0led to the voters. (i) Prepare the Official Canvass of the results of the election for submission to the City Clerk and City Council. (j) Perform such other duties and services as may be required. 4, The City agrees to pay the County its proportioned costs for all services, facilities, and equipment furnished by the County to the City in connection with said election, immediately upon receipt by the City of a statement from the County setting forth the actual cost of the County for services, facilities, and equipment so furnished. The County will endeavor to keep all eNpenses at a minimum. IN WITNESS WHEP,EOF,that the parties hereto have hereunto.set their hands and seals the day and year first above written. ATTEST: JORETTA J. HAYDE Clerk of the Board of Supervisors of the County of San Jc_auin, State of California Deputy C erk airman of said Board of Supervisors " COUNTY" APPROVED AS TO FORM: CITY OF LODI, Amunicipal corporation Deputy County Counsel ATTEST: City Clerk APPROVED AS TO FORM: City Attorney Mayor "CIT"" A G R L E M E N T THIS AGREEMf_NT, made this day of 1983, between the County of San Joaquin, a political subdivision of the State of California, hereinafter called "COUNTY" and the.City of Lodi, a municipal corporation hereinafter called "CITY". W I T N E S S E T H WHEREAS, the City desires to hold a special election to be held on the 8th of November, and the City desires to make use of certain services, facilities, and equipment of the Registration -Election Department and to pay the County for its cost thereof, pursuant to the provisions of this agreement; NOW, THERLFORE, it is hereby aTreed as follows: 1. The County shall consolidate this election with any other entity holding an election on this date. 2. The County agrees to made no changes in precinct boundaries Within ninety (90) days of the election. 3. The County agrees that the Registration -Election Department shall do the following things for the City: (a) Furnish one map showing all precincts embraced in whole or part of the City of Lodi (b) Shall order all supplies as needed for said election. (c) Prepare precinct consolidations, secure election officers and polling places, and marl the Notice of Appointment to each election officer. (d) Provide for delivery and return of all equipment and supplies used in said electron. (e) Prepare all election materials, supplies arel equipment a5 needed for said electi m. voter information and any other election materials required to be miled to the voters. (f) Prepare indexes and rosters to precinct consolidations. Provide the z City Clerk with as many copies as requested. (9) The Cit a y agrees 9 to pay their proportion of the cost of publication >' of election officers and polling places. (h) Sddress and mail voters pamphlet containing sample ballot, absentee voter information and any other election materials required to be miled to the voters. ( i ) Prepare the Official Canvass of the results of the election for submission to the City Clerk and City Council. 0) Perforr.; such other duties and services as may be required. 4. The City agrees to Fay the County its proportioned costs for all services, facilities, and equipment furnished by the County to the City in connection with said election, iw�ediately upon receipt by the City of a statement from the County setting forth the actual cost of the County for services, facilities, and equipment so furnished. The County will endeavor to keep all expenses at a minimum. IN WITNESS YHEREOF,that the parties hereto have hereunto set their hands and seals the day and year first above written. ATTEST: JORETTA J. HAYDE Clerk of the Board of Supervisors of the County of San Joaquin, State of California Deputy Clerk APPROVED AS TO FORM: Ge-puty ounty Coun ATTEST: Cty Clerk APPROVED AS TO FORM: City Attorney airman of said Board of Supervisors " COUNTY" CITY OF LODI, Amunici:p:al corporation Mayor "CITY" Oki CITY COUNCIL EVELYN M OLSON. Mayor JOHN R (Randy) SNIDER Mayor Pro Tempore ROBERT G MURPHY LAMES W. PINKERTON. )r FRED M REID el CITY OF LODI CITY HALL. 221 WEST PINE STREET POST OFFICE BOX 320 LODI. CALIFORNIA 95241 (209) 334-5634 August 19, 1983 Mr. Ralph W. Epperson County Clerk P. O. Box 810 Stockton, CA 95202 Dear Ralph: HENRY A GLAVES. Ir City Manager ALICE M REIMCHE City Clerk RONALD M STEIN City Attorney Enclosed, please find, executed original and two copies of the Agreement between San Joaquin county and the City of Lodi covering the Consolidated Special Election to be held November 8, 1983, which was approved by the Lodi City Council at its regular meeting of August 17&T and the authorizing Resolution - Resolution No. 83-97. `- Please return a fully executed copy to me at your earliest convenience. Very truly yours; �6-X - N4xitp.) Alice M. Remiche City Clerk RESOLUTION NO. 83-97 RESOLUTION APPROVING AGREEMENT WITH THE COUNTY OF SAN JOAQUIN FOR CERTAIN SERVICES, FACILITIES AND EQUIPMENT FOR THE NOVEMBER 8, 1983 CONSOLIDATED SPECIAL ELECTION RESOLVED, that the City Council of the City of Lodi does hereby approve agreement with the County of San Joaquin for certain services, facilities, and equipment for the November 8, 1983 Consolidated Special Election, a copy of which agreement is attached hereto, marked Exhibit A and thereby made a part hereof. BE IT FURTHER RESOLVED, that the Mayor and City Clerk are hereby authorized to execute the subject agreement on behalf of the City. Dated:, August 17, 1983 I hereby certify that Resolution No. 83-97 was passed and adopted by the City Council of the City of Lodi in a regular meeting held August 17, 1983 by the following vote: Ayes: Council Members - Murphy, Pinkerton, Snider, and Olson (Mayor) Noes: Council Members - None Absent: Council Memberss- Reid Atst A Alice M. PAimche City Clerk 1 SAt4,10)jQUIN COUNTY OFFICE, -OF T COU NTY CLERK 1 ' - 8..'I C.. ;�y REGISTRATION -ELECT ON DIVISION ALL " AVENUE t C/ pI' R ►i, GAlTFORN1A 95202 MMLING ADDRESS P.O. BOX SAO August 9, 1983 Alice M. Reimche City Clerk City of Lodi 221 W. Pine Street P. 0. Box 320 Lodi, CA 95241 Subject.: November 8, 1983 Election Costs Dear Alice: RALPH W. EPPERSON COU*,7v C161PA BRUCE R. AVRiT ust Couvrr Ctl^% HERBERT p. WEEKES Cr+:E+ ELECT*M4 MtR% Pursuant to yoVr request for a more critical estimate of the cost of subject election within the city limits of Lodi, please be advised that, under a full service contract, the county's incurred costs, to be reimbursed by those agencies conducting elections within the City would be approximately $1,50 per registered voter. As of July 18, 1983, Lodi's voter registration count was 17,000 which at $1.50 each would be $25,500.00. If Delta Junior College and Lodi Unified were to go to election, then the City of Lodi would split the prorated share three ways within those precincts within the City; i.e., a precinct supply kit may cost $15.00. This cost would be split three ways at $5.00 per jurisdiction. However, if the cost does not justifiably split, then that cost would be prorated; i.e., the City of Lodi, with its measures impartial analysis and arguments were to take up three pages of a five page sample ballot, then the City would be billed for three/fifths of the cost for the samp ballots within that ballot type. Finally. in the event that no'other district has a contest going within the City of Lodi, we should be able to rescind the consolidation order or amend the City/ County contract so you and your staff could handle more of the responsibilities and thus reduce the County's costs. Very truly yours, MPH W. PPERSON COUNTY CLERK � f SAN JOAQUIN COUNTY -, OFFICE OF THE COUNTY CLERK REGISTRATION -ELECTION DIVISION AL IC{' 1 M "`•�FOw N`' 11* EAST WIDER AVENUE AL, E M. R'!!av{-;.. STOCKTON. CALIFORNIA 95202 CiTyCLI.RK TELEPHONE /20*1 *44.2071 CI { ! O LC!-' • li MAILING ADDRESS P.O. BOX 810 August 1, 1983 Alice Reimche City Clerk City of Lodi 221 W. Pine Street Lodi. CA 95240.1_vx...,, Dear Mrs. Reimche: RALPH W. EPPERSON CO'.Niv CLE.S BRUCE R. AVRIT ASST MiftTr W-4 HERBERT B. WEEKES CN:Es ELECTIOKS CiEr.h Enclosed you will find three copies of the Agreement between San Joaquin County and the City of Lodi which have been signed by George Cunningham, Deputy County Counsel. Please note the wording in paragraph 1 regarding consolidation whenever possible and in paragraph 4 regarding prorating the cost of the election. If you should Lave any questions regarding the agreements, please contact Judy Podesta or the undersigned at (209) 944-2671. Very truly yours, RALPH W. EPPERSON COUNTY CLERK y: Herbert B. Weekes Chief Elections Clerk RWE:HBW:tb It enc. AGRLAMENT THIS AGREEMENT, made this ` _ day of _ 1983, between the County of Sari Joaluin, a political subdivision of the State of California, hereinafter- called "COUNTY" and the City of Lodi, a municipal corporation hereinafter called "CITY". WITNESSETH WHEREAS, the City desires to hold a special election to be held on the 8th of November, and the City desires to make use of certain services, facilities, and equipe.�nt of the Registration -Election Department and to pay the County for its cost thereof, pursuant to the provisions of this agreement; NOW, THEREFORE, it is hereby a3reed as follows: 1. The County shall consolidate this election with any other entity holding an election on this date. 2. The County agrees to trade no changes in precinct boundaries within ninety (90) days of the election. 3. The County agrees that the Registration -Election Department shall do the following things for the City: (a) Furnish one map showing all precincts embraced in whole or part of the City of Lodi (b) Shall order all supplies as needed for said election. (c) Prepare precinct consolidations, secure election officers and polling places, and mail the Notice of Appointment to each election officer. (d) Provide for d.livery and return of all equipment and suppl ie> used in said election. (e) Prepare all election materials, supplies and equipment as needed for said electi>n. (f) Prepare indexes and rosters to precinct consolidations. Provide the City Clerk with as many copies as requested. (g) The City agrees to pay their proportion of the cost of publication of election officers and polling places. (h) Address and mail voters pamphlet containing sample ballot, absentee voter information and any other election materials required to be mailed to the voters. (i) Prepare the Official Canvass of the results of the election for e submission to the City Clerk and City Council. (j) Perform such other duties and services as may be required. 4. The City agrees to pay the County its proportioned costs for all services, facilities, and equipment furnished by the County to the City in connection with said election, im,ediately upon receipt by the City of a statement from the County setting forth the actual cost of the County for services, facilities, and equipment so furnished. The County will endeavor to keep all expenses at a minimum. IN WITNESS WNEREOF,that the parties hereto have hereunto set their hands and seals the day and year first above written. ATTEST: JORETTA J. NAYDE Clerk of the Board of Supervisors of the County of San Joaquin, State of California Deputy C erk APPROVED AS TO FORM: Depu Cou y Course ATTEST: -$ City Clerk <rt APPROVED AS TO FORM: City Attorney hairman of --s—aid—Board of Superviscri— COUNTY" CITY OF LODI, Municipal corporation A G R E E M E N T THIS AGREEMENT, made this day of 1983, between the County of San Joaquin, a political subdivision of the State of California, hereinafter called "COUNTY" and the City of Lodi, a municipal corporation hereinafter called "CITY". WITNESSETH WHEREAS, the City desires to hold a special election to be held on the 8th of November, and the City desires to make use of certain services, facilities, and equipment of the Registration -Election Department and to pay the County for its cost thereof, pursuant to the provisions of this agreement: NOW, THEREFORE, it is hereby alreed as follows: 1. The County shall consolidate this election with any other entity holding an election on this date. 2. The County agrees to made no changes in precinct boundaries within ninety (90) days of the election. 3. The County agrees that the Registration -Election Department shall do the.following things for the City: (a) Furnish one map showing all precincts embraced in whole or part of the City of Lodi (b) Shall order all supplies as needed for said election. (c) Prepare precinct consolidations, secure election officers and polling a.- places, and mail the Notice of Appointment to each election officer. (d) Provide for delivery and return of all equipment and supplies used in said election. (e) Prepare all election materials, supplies and equipment as needed for r said electi 3n. (f) Prepare indexes and rosters to precinct consolidations. Provide the City Clerk with as many copies as requested. (g) The"City agrees to pay their proportion of the cost of publication of election officers and polling places. (h) Address and mail voters pamphlet containing sample ballot, absentee voter information and any other election materials required to be a Med to the voters. (i) Prepare the Official Canvass of the results of the election for submission to the City Clerk and City Council. (j) Perform such other duties and services as may be required. 4% The City agrees to pay the County its proportioned costs for all services, facilities, and equipment furnished by the County to the City in connection with said election, immediately upon receipt by the City of a statement from the County setting forth the actual cost of the County for services, facilities, and equipment so furnished. The County will endeavor to keep all expenses at a minimum. IN WITNESS WHEREOF,that the parties hereto have hereunto set their hands and seals the day and year first above written. ATTEST: JORETTA J. HAYDE Clerk of the Board of Supervisors of the County of Sa:, Jo -juin, State of .California __ Deputy C erk APPROVED AS TO FORM: a roan of said loard,of Supervisom: M COUNTY A G R E EM E N T THIS AGREEMENT, made this day of � , 1983, betty^2n the County of San Joaquin, a political subdivision of the State of California, hereinafter called "COUNTY" and the City of Lodi, a municipal corporation hereinafter called "CITY". WITNESSETH WHEREAS, the City desires to hold a special election to be held on the 8th of November, and the City desires to make use of certain services, facilities, and equipment of the Registration -Election Department and to pay the County for its cost thereof, pursuant to the provisions of this agreement: NOW, THEREFORE, it is hereby a3reed as follows: 1. The County shall consolidate this election with any other entity holding an election on this date. 2. The County agrees to :Wade no changes in precinct boundaries within ninety (90) days of the election. 3. The County agrees that the Registration -Election Department shall do the following things for the City: (a) Furnish one map showing all precincts embraced in whole or part of; the City of Lodi (b) Shall order all supplies as needed for said election. (c) Prepare precinct consolidations, secure election officers and polling. places, and mail the Notice of Appointment to each election officer. (d) Provide for delivery and return of all equipment -and supplies used in said election. =: (e) Prepare all election materials, supplies and equipment as needed for said electiin. (f) Prepare indexes and rosters to precinct consolidations. Provide. the $ City Cierk with as many copies as requested. (g) The City agrees to pay their proportion of the cost of publication of election officers and polling places. (h) Address and mail voters pamphlet containing sample ballot, absentees voter information and any other election materials required to be mailed to the voters. '� (i) Prepare? the Official Canvass of the results of the election for submission to the City Clerk and City Council. (j) Perform such other duties and services as may be required. 4. The City agrees to Fay the County its proportioned costs for all services, facilities, and equipment furnished by the County to the City in connection with said election, in-.- ediately upon receipt by the City of a statement from the County setting forth the actual cost of the County for services, facilities, and equipment so furnished. The County will endeavor to keep all expenses at a minimum. IN WITNESS WHEREOF,that the parties hereto have hereunto set their hands and seals the day and year first above written. ATTEST: JORETTA J. HAYDE Clerk of the Board of Supervisors of the County of San Joaquin, State of California Deputy Clerk APPROVED AS TO FORM: airmar of said Boar of Supery sors " COUNTY" CITY OF LODI, Municipal corporation puty ounty Cov ifter Mayor ATTEST: "CITY" City Clerk APPROVED AS TO FORM: r City Attorney CITY COUNCIL EVELYN M. OLSON. Maya 1014N R. (Randy) SNIDER Mayor Pro Ternpae ROBERT C. MURPHY FAMES W. PINKERTON. it. FRED M. REID ' • HENRY A. CLAVES, Jr. City Manage, CITY OF L O D I ALICE M. RE j� IMCHE CITY HALL. 221 WEST PINE STREET ' `ECEWL[) City Clerk POST OFFICE BOX 320 RONALD M. STEIN LODI,�)130R��2 95241 IS83 OCT 19 Py 4: 5 City Attorney f October 18, 1983 Mr. b Mrs. Gerhard Meinecke 1240 So. Stockton Street Lodi, CA 95240 Dear Mr,/ 6 Mrs. Meinecke: SUBJECT: Notice Regarding Resolution of Necessity Code of Civil Procedure Sec. 11245.235 ALICE hi. RE1bfCH CITY CLE C17•Y OF LODI Notice is hereby given that on November 16, 1983, the City Council of the City of Lodi, a municipal corporation, intends to adopt a Resolution of Necessity, regarding Eminent Domain, pursuant to CCP Sec. 1245.220 regarding the property located at 1240 and 1244 South Stockton Street within the City of Lodi described as portions of Lot 48, Lodi Barnhart Tract, filed for record November 6, 1906, In Book 3 of Maps and Plats, Page 48, San Joaquin County Records. You are hereby notified that you have a right to be heard on the matters referred to in CCP Sec. 1240.030 as it relates to the aforementioned property. Speci- fically CCP Sec. 1240.030 permits the City of Lodi to exercise the power of Eminent Domain to acquire the property for a proposed project only if all of the following are established: a. The public interest and necessity require the project. b. The project is planned or located in the manner that will be most compatible with the greatest public good and the least private Injury. c. The property sought to be acquired is necessary for the project. NOTICE In order to be heard on the matter set forth in CCP Sec. 1240.030`, you must fila a WRITTEN REQUEST to be heard vilthin 15 days after the notice was mailed. The governing body need not give an opportunity to appear and be heard to any person who falls to so file a written request. if you intend to be heard on the matter set forth in CCP Sec. 1240.030, please contact Alice Relmche, City Clerk, at 221 W. Pine Street, Lodi, phone 334-5634, Ext. 277. YOUR FAILURE TO FILE A WRITTEN REQUEST TO APPEAR AND BE HEARD WITHIN 15 DAYS AFTER THE NOTICE WAS MAILED, WILL RESULT IN WAIVER OF THE RIGHT TO APPEAR AND BE HEARD. Sincerely . E. Rubison sistant City Engasneer cc: City Clerk v City Attornt; GER/eeh U f. NOTICE OF PUBLIC HEARING BY THE CITY COUNCIL OF THE CITY OF LODI TO CONSIDER CERTAIN RECON MENDED, AMENUMMS TO S ECT I ON 27-13 (b) , OFF-STREET PARKING REQUIREMENTS, OF THE MUNICIPAL CODE NOTICE IS HEREBY GIVEN that on Wednesday, January 4, 1884 at the hour of 8:00 p.m. or as soon thereafter as the matter may be heard, the Lodi City Council will conduct a public hearing in the Council Chambers, City Hall, 221 West Pine Street, Lodi, --California, to consider certain recommended amendments to Section 27-13 (b), Off Street Parking Requirements, of the Municipal Code. Informati-on regarding this item may be obtained in the office of the Carmunity Development Director at 221 West Pine Street, Lodi, California. All interested persons are invvit'ed . to present their views either for or against the above proposal. Written statements may be filed with the City Clek at any time prior to the hearing scheduled herein and oral statetaenfe may be,made at said hearing. Dated January 4, 1884 By'Order of the City Council hl om' AL I CB: U City 01el �' t NOTICE OF PUBLIC HEARING BY THE CITY COUNCIL OF THE CITY OF LODI TO CONSIDER CERTAIN RECOMMENDED AMENDMENTS TO SECTION 27-13 (b), OFF-STREET PARKING REQUIREMENTS, OF THE MUNICIPAL CODE NOTICE 1S HEREBY GIVEN that on Wednesday, December 21, 1983 (January 4, 1984) at the hour of 8:00 p.m. or as soon thereafter as the matter may be heard, the Lodi City Council will conduct a public hearing in the Council Chambers, City Hall, 221 West Pine Street, Lodi, Celifornia, to consider certain recommended amendments to Section 27-13 (b), Off Street Parking Requirements, of the Municipal Code. 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:invita,J. to present their views either for or against the above proposal. Written statements may be filed with the City Clerk at any time prior to the hearing scheduled herein and oral statements may be made at.said hearing. Dated: December 21, 1983 (January 4, 1984) By Order.of the City Council ALICE M. REIMCHE City Clerk pub hear/off street parking req DAILYI Southern Pacific Land Company ° Southern Pacific Buiidft • one Market Plaza . San Francisco, California 94105 • (415) 541-1000 REAL ESTATE e. A. e1JT"w W Nw►a.T ►LaNs war= To voca y """`"`"L N&WAM March 2, 1983 A..LYAM TO "Ca ►N MMMT C. W. JOMM►ON 0. &. 06"C*. Lodi-City of (LT) A.NMAISTO TO S MwaL MANAtq, Nat N/TATe - The Honorable Fred Reid Mayor's Office City of Lodi 22 West Pine Street Lodi, CA 95240 Dear Mayor Reid: As. you know, we have been pleased to discuss with the Downtown Development task force the City of Lodi's pl&)s for a broad improvement program that will benefit downtown commerce and the community as a whole. We are carefully considering the inclusion of our station property, including 17,490 square feet now used by the City for parking. The parking arrangement is covered by a token lease of $650 per annum, which _._. just about offsets the tax we pay on the property. This rental has not changed since 1975 and is far below fair rental value. As we become more involved in the City's plan for downtown development, ore feel that use of our property should appropriately produce some benefit beyond a tax offset and provide a reasonable rate of return. Whether or not an improvement district moves forward, we feel the property now used by the City for parking should rent for more than $7,000 per annum. We recognize the City may not wish to underwrite that amount for public parking, but we have been offering this community assistance since 1954. As an interim measure, we want to increase the rental on a graduated. basis to bring the lease closer to an appropriate return; $16950 per annum for 1984, only a 3.7 percent return, and $3,500 in 1985. In accord with our discussions with the downtown improvement task force, we will do all we can to promote commercial development of our property. Will the City please say if this new rental schedule for the leased parking area' ' Is acceptable. Sincerely, ..",?'',i.�i'...MENDRANDtM To: Honorable Mayor and Council Members and City of Lodi Planning Commission From: City Attorney Date: Oct:,ber 31, 1983 Re: Contacts by the Public On Agenda Items During the recent League of California Cities conference in San Francisco, I had an opportunity to speak with Modesto City Attorney Elwyn Johnson, and during said conversation, we discussed a practice which is followed not only in the City of Lodi but also in the City of Modesto. I suppose that I am writing this Memo just as a reminder of raid practice, but also to let you know that I believe that said practice is one that is necessary. When an individual has an item on the Planning Commission agenda or the City Council agenda and when said individual attempts to contact a member of the Planning Commission or the City Council regarding their item, it has been the policy and continues to be the policy in the City of Modesto and in Lodi, to suggest that the Planning Commissioner and Council person do the following: (1) Don't talk to said person; (a) Ask the person contacting them to put the questions or comments in writing and send same to the Planning Department or the City Manager to have said questions and comments included in the packet for all of the Planning Commission or City Council persons to review. (3) Suggest to the person contacting the Council -person or Planning Commissioner that they appear at the appropriate meeting, to give said information. (4) Remind the person that the City official will have to make public the fact that they were contacted by this person, and do make the contact known. (5) Suggest that if the information which is included in the packet is not sufficient and the time limits of the hearing are not sufficient to give additional evidence, that said person ask for an additional hearing and/or study session to discuss the matter. The question that I always have in my mind, is what does a proponent or opponent have Co say to a Planning Commissioner or Council person privately, that they cannot or choose not to say publicly at a hearing. It is to be remembered that Council members and Planning Commissioners serve the total community; they do not serve any particular sector of this community. Whether you are contacted by your developer or your friendly dentist, it is important to remember that you chose to serve the whole community, and must act accordingly. City Attorney LJ RESOLUTION NO. lJ RESOLUTION OF NECESSITY REGARDING EMINENT DOMAIN PURSUANT TO GOVERNMENT CODE SECTION 1245.220 ET SEQ. BE IT RESOLVED by the Council of the City of Lodi as follows: The Council of the City of Lodi finds, determines, and hereby declares: 1. That the public interest, necessity, and convenience require the acquisition, construction, and completion of a public improvement, to wit: street right of way on and across certain real properties located at 1240 and 1244 South Stockton Street within the City of Lodi described as portions of Lot 48, Lodi Barnhart Tract, filed for record November 6, 1906, in Book 3 of Maps and Plats. Page 48, San Joaquin County Records. 2. That the real property hereinafter described is suitable, adaptable, necessary, and required for the public use of said City of Lodi, as hereinabove set forth. 3. The proposed project is planned and located in the manner that will be most compatible with the greatest public good and the least private injury. 4. That the City of Lodi acquire the hereinafter described real property for street and public utility right of way, by donation, purchase, or by condemnation in accordance with the provisions of the Code of Civii Procedure of the State of California relating to eminent domain. That-the.City Attorney Is hereby authorized to prosecute in the name of the City of Lodi, any and all actions or proceedings required to acquire the necessary land and/or fix the compensation to be paid for property damage resulting from the construction and maintenance of.said improvements; and in the absence of a satisfactory price agreement with the owner of the land, the City Attorney is hereby directed to immediately commence proceedings under Title Seven, Part Three of the Code of Civil Procedure of the State of California to condemn the property hereinafter described for the'purpose of taking said land for the public use of said City . as hereiria'%ove set forth. 5. To acquire in the name of the City of Lodi, a fee simple estate' -'in and to the said hereinafter described real property by condemnation in accordance with the provisions of the Streets and Highways Code, Code of Civil Procedure, Government Code Section 37350.5, and the Constitution of California relating to*. eminent domain. 6. To make application to a Court of competent jurisdiction for an order fixing the amount of such security in the way of money deposits as said Court may direct, and for an order permitting said City of Lodi to take immediate possession and use of said property, or interest in real property. or existing improvements for the public use as hereinabove set forth; to make deposit of such security or monies in such amount so fixed and determined and in such manner as said Court in which said condemnation proceedings are pending may ', direct. 7. The real prop—ty or interest in real property which the City of Lodi is by this Resolution authorized to acquire for said public improvements Is situated in the County of San Joaquin, State of California, and is more particularly described as follows: Portions of Lot 48 of Lodi Barnhart Tract as filed in Book 3 of Maps 6 Plats at Page 48, San Joaquin County Record, and being more particularly described as follows: Pa rce 1 I Commencing at the intersection of the North line of said Lot 48 and the East line of Stockton Street; thence along said East line, South 0° 00' 20" West, 200.0 feet to the true point of beginning; thence continue South 0' 00'-20" West, 58.0 feet; thence parallel to the North line of Lot 48. North 860 25' 20" East. 3.13 feet; thence North 1" 32' 36" E,t t, 58.12 feet; thence South 86° 25' 20" West, 4.69 feet to the true point of beginning. Parcel i l Beginning at the intersection of the North line of Acacia Street and the East line of Stockton Street; thence along said East line, North 0' 00' 201' East, 57.11 - feet to a point being South 0' 00' 20" West, 258.0 feet; from the North line of said Lot 48; thence parallel to the North line of said Lot 48, North 86° 25' 20" East, 3.13 feet; thence South 1' 32' 36" West. 44.14 feet; thence South 46' 47' East, 17.88 feet to a point on the North line of Acacia Street; thence South 86" 26' 201' West, 15.0 feet to the true point of beginning. 8. Pursuant to Government Code Section 7267.2, a written offer was made to the owners of record in the amount of $1,045 for Parcel I and $1,200 for Parcel 11. DATED: -2- 0 TITLE INSURANCE AND TRUST San Joaquin County 9027 West March Lane Stockton. California 95207 120 East Center Street Manteca. California 95336 M West Lodi Avenue Lodi. California 95240 345 North El Dorado Street Stockton. California 95202 210 West 11th Street Tracy. California 95376 1012 West Hammer Lane Stockton. California 95207 IMPORTANT Whenpjm� tefer to Our No. 33 Your No. TELEPHONE NO.: 94.8-2732 In response to the above referenced application for a policy of title insurance. Title Insurance and Trust Company hereby reports that it is prepared to issue, or cause to be issued. as of the date hereof. a California Land Title Association Standard Coverage Form Policy of Title Insurance describing the land and the estate or interest therein hereinafter set forth. insuring against lost which may be sustained by reason of any defect. lien or encumbrance not shown or referred to as an exception below or not exduded from coverage pursuant to the printed schedules. conditions and stipulations of said policy (Orin. NOTICE: If the real property covered by this report is a residential condominium unit. a residential lot. or a residential lot Improved with a structure containing one to four single family residential units. then the policy issued to an owner in connection herewith. will not be the poky referred to above, but will be the American i_and Title Association Residential Policy -1979 Forth. This report. and any supplements or amendments thereto. is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title Insurance. a binder or commitment should be requested. Dated as 7:30 A.M. or November 2 1982 Anthony Dunham (Title officer) The estate or interest In the land hereinafter described or referred to covered by this report is a fee. Title to &aid estate or interest at the date hereof is vested in: GERHARD MEINECKE and HANNA MEINECKE, his wife, as Joint Tenants i Atthedatehttreofexceptions to coverage in addition to the printed exceptions and exclusions contained in said policy form.w xdd be as roMm: A rnCOR COMPANY C', D E S C R I P T I O N 6 237674 That certain real property situated in the City of Lodi, County of San Joaquin, State of California, described as follows: A portion of Lot forty-eight (48), as shown upon Map entitled, LODI BARNHART TRACT, filed for record November 5, 1906, in Vol. 3 of Maps and Plats, page 48, San Joaquin County Records,. described as follows: BEGINNING at a point on the East line of Stockton Avenue, as shown upon said Map 200 feet South of the point of intersection of the North line of said Lot forty-eight (48), with the East line of Stockton Avenue, said point being also the Southwest corner of the land described in Deed to William Bitzer and Katie Bitzer, recorded November 21, 1946, Recorder's Instrument No. 35976, San Joaquin County Records; thence Easterly along the South line of said Bitzer land, 130 feet; thence Southerly parallel to the said East line of Stockton Avenue, 58 feet; thence Westerly parallel with the South line of said Bitzer land, 130 feet to the said East line of Stockton Avenue; thence Northerly along said East line, 58 feet to the Point of Beginning. AD/dm Short term rate not applicable Page 3 %y 237674 1. GENERAL AND SPAECIAL COUNTY AND CITY TAXES for the fiscal year 1982-83 1st Installment: $144.91 Due 2nd Installment: $144.91 Open Code Area No.: 001-001 Parcel No.: 047-080-33 Land $6,048.00 Improvements $26,636.00 Personal Prpty.: None Exemptions $7,000.00 NOTE: A direct assessment in the amount of $0.44 has been included with taxes shown above for GROUNDWATER INVESTIGATION ZONE NO. 1. 2. EASEMENTS for road purposes over any portion of said land, as now established, lying within the lines of Stockton Avenue. 3. EASEMENT affecting the portion of said land and for the purposes stated herein and incidental purposes In favor of Not shown For Building setback lines Recorded October 9, 1957 IN BOOK 2007 FACE 183 OFFICIAL RECORDS Affects A portion of the East boundary NOTE: Title of the'vestee herein was acquired by deed recorded prior to six months from the date of this report. Page 2 L POPLAR v I uAQ#4HAJltT TRACT LVW LOT 50 rz tAORTENSON TRACT nQ 10 ae .-—ACACILA STREET t LODI BARNHART LOTS 42 — 4f; — 49 SCALE e6lOO! SAN JOAQUIN COUX. ASSESSORS MAPS, �:,+?FF a r „ !.-~, i��f,'?i+iw.,�, •iz3zs�.c a _",,~' �y `' �!'�"crs Ai c x::. Y All kw N. G ZG 2O a•..� E ACACIA ' STREET —T t N. 11N .Iw L O r fd /. Rod. O J 1N � a 0 �Qo o° h 1 '7 IN ems'tG•to'G.) l�L Fd. i .eod � Pr'rvo!t UliliYy 1 to s* ••' �'a�•� ` � .•fd die l-_.._--- "� � ecor j i N 04 IS' PO Z �t o Wo• ° 47' J4' D a ? +� r n Z yea .Iw L O r fd /. Rod. O J 1N � a 0 �Qo o° h 1 '7 IN ems'tG•to'G.) l�L Fd. i .eod � Pr'rvo!t UliliYy 1 to s* ••' �'a�•� ` � .•fd die l-_.._--- "� � ecor j i N 04 IS' PO Z �t o Wo• 11!' 2027 West March Lane 708 West Lodi Avenue 210 West 11th Street TITLE INSURANCE AND TRUST San Joaquin County Stockton, California 95207 120 East Center Street Manteca, California 95336 Lodi, California 95240 345 North El Dorado Street Stockton, California 95202 Tracy. Catitomia 95376 1012 West Hammer Lane Stockton. California 95207 IMPORTANT When replying refer to Our No. 237673 Your No. TELEPHONE NO.: 948-2732 In response to the above referenced application for a policy of title insurance. Title Insurance and Trust Company hereby reports that it is prepared to issue. or cause to be issued, as of the date hereof, a California Land Title Association Standard Coverage Form Policy of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect. lien or encumbrance not shown or referred to as an exception below or not excluded from Coverage pursuant to the printed schedules, conditions and stipulations of said policy form. NOTICE: If the real property covered by this report is a residential condominium unit. a residential lot, or a residential lot improved with a structure containing one to four single family residential units, then the policy issued to an owner in connection herewith. will not be the policy referred to above. but will be the American Land Title Association Residential Policy -1979 Form. This report. and any supplements or amendments thereto, is issued solely for the purpose of facilitating the issuance of a policy of tick insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance. a binder or commitment should be requested. Dated as 7:30 A.M. on November 2, 1982 Anthony Dunham (Title officer) The estate or interest in the land hereinafter described or referred to covered by this report is a fee. Title to said estate or interest at the date hereof is vested in: GERHARD MEINECKE and HANNA MEINECKE, his Wife, as Joint Tenants At the date hereof exceptions to coverage in addition to the printed exceptions and exclusions contained in said policy form would be as follows: A TICpR COMPANY '` 237673 1. GENERAL AND SPECIAL COUNTY AND CITY TAXES for the fiscal year 1982-83: 1st Installment: $131.73 Due 2nd Installment: $131.73 Open Code Area No.: 001-001 Parcel No 047-080-32 Land $6,048.00 Improvements $17,297.00 Personal Prpty.: None Exemptions None NOTE: A direct assessment in the amount of $0.44 has been included with taxes shown above for GROUNDWATER INVESTIGATION ZONE NO. 1. 2. EASEMENTS for road purposes over any portion of said land, as now established, lying within the lines of Stockton Avenue. 3. EASEMENT affecting the portion of said land and for the purposes stated herein and incidental purposes In favor of I Not shown For Building setback lines Recorded October 9, 1957 IN BOOK 2007 PAGE 183 OFFICIAL RECORDS Affects A portion of the East boundary NOTE: Title of the vestee herein was acquired by deed recorded prior to six months from the date of this report. Page 2 =.;� sis. `��e.:..., �.. .=v.._...,. ; es. ,. _. ;� .. ,: ...r. � ....ar .-�P.�%e,R? ,moi „ n f ,. .. ,... � w;;•.,..... r ,,.-.. ,_. - _ - .. .,,. ... .. _ _ ._-....... _ 237673 E; D E S C R I P T I O N That certain real property situated in the City of Lodi, County SanJoaquin, State of California, described as follows: A portion of Lot forty-eight (48), LODI BARNHART TRACT, according to the Official Map or Plat thereof filed for record November 5, 1906, in Vol. 3 of Maps and Plats, page 48, described as follows: BEGINNING at a point on the East line of Stockton Avenue, as shown upon said Map, 258 feet South of the point of intersection of the North line of said Lot forty-eight (48) with the East line of Stockton Avenue; thence Easterly parallel to the North line of said Lot forty-eight (48), 130 feet; thence Southerly parallel to the East line of said Stockton Avenue, 72 feet to the South line of said Lot forty-eight (48); thence Westerly along said South line, 130 feet to a point in the said East line of Stockton Avenue; thence Northerly along said East. line, 72 feet to the Point of Beginning. EXCEPT THEREFROM the South 15 feet. AD/dm Short term rate not applicable Page 3 LOT 50 POPLAR pa .a u Ww Ix z f. 40 I- 3 C4 W'` (x co AW f. II ACACIA MORTENSON TRACT O 1A LOC)l BARMHARfile;V Jw- z f? I o z STREET IM LODI BARNHWM!.vl LOTS 42 wf;" SCALE SAN JOAQU 3 W'` (x f. Jw- z f? I o z STREET IM LODI BARNHWM!.vl LOTS 42 wf;" SCALE SAN JOAQU 3 0 11 RESOLUTION NO. RESOLUTION OF NECESSITY REGARDING EMINENT DOMAIN PURSUANT TO GOVERNMENT CODE SECTION 1245.220 ET SEQ. BE IT RESOLVED by the Council of the City of Lodi as follows: The Council of the City of Lodi finds, determines, and hereby declares: 1. That the public interest, necessit;, and convenience require the acquisition, construction, and completion of a public improvement, to wit: street right of way on and across certain real properties located at 1240 and 1244 South Stockton Street within the City of Lodi described as portions of Lot 48, Lodi Barnhart Tract, filed for record November 6, 1906, in Book 3 of Maps and Plats, Page 48, San Joaquin County Records. 2. That the real property hereinafter described is suitable, adaptable, necessary, and required for the public use of said City of Lodi, as hereinabove set forth. 3. The proposed project is planned and located in the manner that will be most compatible with the greatest public good and the least private injury. 4. That the City of Lodi acquire the hereinafter described real property for street and public utility right of way, by donation, purchase, or by condemnation in accordance with the provisions of the Cods of Civil Procedure of the State of California relating to eminent domain. That the City Attorney is hereby authorized to prosecute in the name of the City of Lodi, any and all actions or proceedings required to acquire the necessary land and/or fix the compensation to be paid for property damage resulting from the construction and maintenance of said Improvements; and in the absence of a satisfactory price agreement with the owner of the land, the City Attorney is hereby directed to immediately commence proceedings under Title Seven, Part Three of the Code of Civil Procedure of the State of California to condemn the property hereinafter described for the purpose of taking said land for the public use of said City as hereinabove set forth. 5. To acquire in the name of the City of Lodi, a fee simple estate in and to the said hereinafter described real property by condemnation in accordance with the provisions of the Streets and Highways Code, Code of Civil Procedure, Government Code Section 37350.5, and the Constitution of California relating to eminent domain. 6. To make application to a Court of competent jurisdict.lon for an order fixing the amount of such security in the way of money deposits as said Court may direct, and for an order permitting said City of Lodi to take lmmed`iate possession and use of said property, or interest in real property, or existing improvements for the publi: use as hereinabove set forth; to make deposit of such security or monies in such amount so fixed and determined and in such manner as said Court in which said condemnation proceedings are pending may direct. • U 7. The real property or interest in real property Ohich the City of Lodi is by this Resolution authorized to acquire for said public improvements is situated in the County of San Joaquin, State of California, and is more particularly described as follows: Portions of Lot 48 of Lodi Barnhart Tract as filed in Book 3 of Naps b Plats at Page 48, San Joaquin County Record, and being more particularly described as follows: Parcel I Commencing at the intersection of the North line of said Lot 48 and the East line of Stockton Street; thence along said East line, South 0° 00' 20" West, 200.0 feet to the true point of beginning; thence continue South 00 00' 20" West, 58.0 feet; thence parallel to the North line of Lot 48, North 86° 25' 20" East, 3.13 feet; thence North 1° 32' 36" East, 58.12 feet; thence South 86° 25' 20" West, 4.69 feet to the true point of beginning. Parcel II Beginning at the intersection of the North line of Acacia Street and the East line of Stockton Street; thence along said East line, North 0° 00' 20" East, 57.11 feet to a point being South 0° 00' 20" West, 258.0 feet from the North line of said Lot 48; thence parallel to the North line of said Lot 48, North 86' 25' 20" East, 3.13 feet; thence South 1° 32' 36" West, 44.14 feet; thence South 46° 47' East, 17.88 feet to a point on the North line of Acacia Street; thence South 36° 26' 20" West, 15.0 feet to the true point of beginning. 8. Pursuant to Government Code Section 7267.2, a written offer was made to the owners of record in the amount of $1,045 for Parcel l and $1,200 for Parcel II. DATED: -2- CITY COUNCIL EVELYN M. OLSON. Mayor JOHN R. (Randy) SNIDER Mayor Pro Tempore ROBERT C. MURPHY [S.W. PINKERTON. )r. xED M.REID HfNRY A. CLAVES. It G City Manager CITY OF L O D I ALICE M. REINICHE ,rl1 City Clerk CITY HALL, 221 NEST PINE STREET +' --�tC �y� POST OFFICE BOX 320 1,. n RONALD M. STEIN LODI. CALIFORNIA 95241 , J r%L T CJ Psi l• � city Attorney { (209) 334-S634ALICE I., i October 18, 1983CCITY I t'Y C7LL00, T. f Mr. b Mrs. Gerhard Meinecke 1240 So. Stockton Street Lodi, CA 95240 Dear Mr Mrs. Mrs. Meinecke: SUBJECT: Notice Regarding Resolution of Necessity Code of Civil Procedure Sec. 11.245.235 Notice is hereby given that on November 16, 1983, the City Council of the City of Lodi, a municipal corporation, intends to adopt a Resolution of Necessity, regarding Eminent Domain, pursuant to CCP Sec. 1245.220 regarding the property located at 1240 and 1244 South Stockton Street within the City of Lodi described as portions of Lot 48, Lodi Barnhart Tract, filed for record November 6, 1906, In Book 3 of Maps and Plats, Page 48, San Joaquin County Records. You are hereby notified that you have a right to be heard on the matters referred to in CCP Sec. 1240.030 as it relates to the aforementioned property. Specl fically.CCP Sec. 1240.030 permits t: -.e City of Lodi to exercise the power of Eminent Domain to acquire the property for a proposed project only if 011.of­t1 following are established; a. The public interest and necessity require the project. b. The project is planned or located In the manner that will be most compatible with the greatest public good and the least private Injury. c. The property sought to be acquired is necessary for the project. NOTICE in order.,=o be heard on the matter set forth in CCP Sec. 1240.030, you must file a WRITTEN REQUEST to be heard vilthin 15 days after the notice was mal led. The governing body need not give an opportunity to appear and be heard. tp'any person who 'fails to so'file a written request. If you .intend to be heard on the matter set forth' In CCP Sec. 1240.030, please -contact Alice Reimche, City Clark, at 221 W; Pine Street, Lodi, phone 334-5634, Ext. 277. YOUR FAILURE TO.FILE A , WRITTEN REQUEST TO APPEAR AND BE HEARD WITHIN 15 DAYS AFTER THE NOTICE WAS MAILED, WELL RESULT IN WAIVER OF THE RIGHT TO APPEAR ANDBEHEARD. Sincerely E 'IbbIson sIstini'tCity Engineer cc: City Clerk City Attorney GER/eeh' RESOLUTION NO. RESOLUTION OF NECESSITY REGARDING EMINENT DOMAIN PURSUANT TO GOVERNMENT CODE SECTION 1245.220 ET SEQ. BE IT RESOLVED by the Council of the City of Lodi as follows: The Council of the City of Lodi finds, determines, and hereby declares: 1. That the public Interest, necessity, and convenience require the acquisition, construction, and completion of a public improvement, to wit: street right of way on and across certain real properties located at 1240 and 1244 South Stockton Street within the City of Lodi described as portions of Lot 48, Lodi Barnhart Tract, filed for record November 6, 1906, in Book 3 of Maps and Plats, Page 48, San Joaquin County Records. 2. That the real property hereinafter described is suitable, adaptable, necessary, and required for the public use of said City of Lodi, as hereinabove set forth. 3. The proposed project is planned and located in the manner that will be most compatible with the greatest public good and the least private injury. 4. That the City of Lodi acquire the hereinafter described real.. property for street and public utility right of way, by donation, purchase, or by, condemnation in accordance with the provisions of the Code of Civil Procedure of the State of California relating to eminent domain. That -the City Attorney is her authorized to prosecute in the name of the City -of Lodi, any and ali actions or proceedings required to acquire the necessary landQand/or fix the compensation to be paid for property damage resulting from the. construction and maintenance. of said improvements; and in the absence of a satisfactory price agreement wth..the owner of the land, the City Attorney is hereby directed to Immediately commence proceedings under Title Seven, Part Three of the Code of Civil Procedure of the State of California to condemn the property hereinafter described for the purpose of taking said nand for the public use of said City , as herelilbove set forth, 5. To acquire in the name of the City of Lodi a fee simple estate, in and to the said hereinafter described real property by condemnation in; .accordance with the provisions of the Streets and Highways Code, Code of Civil Procedure, Government Code Section ;7350.5, and the Constitution of California relating to . eminent domain. 6. To make application to a Court of competent jurisdiction for an order fixing the amount of such security In the way of money deposits as said Court may direct, and for an order permitting said City of Lodi to take Immediate possession and use of said property, or interest In real property. or existing Improvements for the public use as hereinabove set forth;, to make deposit of such security or monies in such amount so fixed and determined and to such manner as said Court I%n which said condemnation proceedings are pending may direct. L, i. TITLE INSURANCE AND TRUST San Joaquin County 2021 West March Lane Stockton, California 95207 120 East Center Street Manteca, California 95336 708 West Lodi Avenue Lodi, California 95240 345 North EI Dorado Street Stockton. California 95202 210 West 11th Street Tracy. California 95376 1012 West Hammer Lane Stockton, California 95207 IMPORTANT When23�l�6 fifer to Our No. Your No. TELEPHONE NO.: 948-2732 In response to the above referenced application for a policy of tittle insurance. Title Insurance and Trust Company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a California Land Title Association Standard ' Coverage Form Policy of Title insurance describing the land and the estate or interest therein hereinafter set forth. insuring against loss which may be sustained by reason of any. defect. lien or encumbrance not shown or referred to as an exception below or not exduded from coverage pursuent to the printed schedules. conditions and stipulations of said policy form. NOTICE: If the real property covered by this report is a residential condominium unit. a residentiallit. or a residential tot im=toved with a structure containing one to four single family residential units. then the policy issued to an owner In connection herewith. will not be the policy referred to above. but will be the American Land Title Association Residential Policy -1979 Forran. This report. and anys•tpplements or amendments thereto, is issued solely for the purpose of facilitating the issuance of a pr+licy of title insurance and no liability is assumed hereby. If It is desired that liability be assumed prior to the issuance of a policy of title insurance. a binder or commitment should be requested. Dated as 7:30 A.M. on Nov -amber 2, 1982 e Anthony Dunham (Title Officer) The estate or interest in the land hereinafter described or referred to covered by this report is a fee. Title to said estate or interest at the date hereof is vested in: GERHARD MEINECKE and HANNA MEINECKE, his wife, as Joint Tenants , S ' C• At the date hereof exceptions to coverage in addition to the printed exceptions and exclusions contained in said policy form.woutd r be as follows: A ittOA COMPANY 0) 7. The real property or interest in real property which _he City of Lodi is by this Resolution authorized to acquire for said public improvements is situated in the County of San Joaquin, State of California, o ndi is more particularly described as follows: Portions of Lot 48 of Lodi Barnhart Tract as filed in Book 3 of Maps b Plats at Page 48, San Joaquin County Record, and being more particularly described as follows: Parcel i Commencing at the intersection of the North line of said Lot 48 and the East line of Stockton Street; thence along said East line, South 0' 00' 20" West, 200.0 feet to the true point of beginning; thence continue South 0° 00'.20" West, 58.0 feet; thence parallel to the North line of Lot 48, North 860 25' 2011 East, 3.13 feet; thence North 1 32' 36" East, 58.12 feet; thence South 86° 25' 20" West, 4.69 feet to the true point of beginning. Parcel 11 Beginning at the intersection of the North line of Acacia Street and the East line of Stockton Street; thence along said East line, North 00 00' 20" cast, 57.11 feet to a point being South 0' 00' 20" West, 258.0 feet from the North line of said Lot 48; thence parallel to the North line of said Lot 48, North 86' 25' 201'' East, 3.13 feet; thence South 1 32' 36" west, 44.14 feet; thence South 46' 47' East, 17.88 feet to a point on the North line of Acacia Street; thence South 86' 26' 20" West, 15.0 feet to the true point of beginning. �r 8." Pursuant to Government Code Section 7267.2, a written offer was made to the owners of record in the amount pf $1,045 for Parcel1 and $1.200 for Parcel 11. DATE D -2- 237674 1. GENERAL AND SPECIAL COUNTY AND CITY TAXES for the fiscal year 1982-83: �411st Installment: $144.91 Due 2nd Installment: $144.91 Open Code Area No.: 001-001 Parcel No.: 047-080-33 Land $6,048.00 Improvements $26,636.00 Personal Prpty.: None Exemptions $7,000.00 NOTE: A direct assessment in the amount of $0.44 has been included with taxes shown above for GROUNDWATER INVESTIGATION ZONE NO. 1. 2. EASEMENTS for road purposes over any portion of said land, as now established, lying within the lines of Stockton Avenue. 3. FASEVIENT affecting the portion of said land and for the purposes stated herein and incidental purposes In favor of Not shown For Building setback lines Recorded October 9, 1957 IN BOOK 2007 PAGE 183 OFFICIAL RECORDS Affects . A portion of the East boundary NOTE: Ti` tie of the vestee herein was acquired by deed recorded prior to six months from the date of this report. IN Page 2 R 3. 237674 D E S C R I P T I') N That certain real property situated in the City of Lodi, County of San Joaquin, State of California, described as follows: A portion of Lot forty-eight (48), as shown upon Map entitled, LODI BARNHART TRACT, filed for record November 5, 1906, in Vol. 3 of Maps and Plats, page 48, San Joaquin County Records,. described as follows: BEGINNING at a point on the East line of Stockton Avenue, as shown upon said Map 200 feet South of the point of intersection of the North line of said Lot forty-eight (48), with the East line of Stockton Avenue, said point being also the Southwest corner of the land described in Deed to William Bitzer and Katie Bitzer, recorded November 21, 1946, Recorder's Instrument No. 35976, San Joaquin County Records; thence Easterly along the South line of said Bitzer land, 130 feet; thence Southerly pa,allel to the said East line of Stockton Avenue, 58 feet; thence Westerly parallel wit}. the South line of said Bitzer land, 130 feet to the said East line of Stockton Avenue; thence Northerly along said East lire. 58 feet to the Point of Beginning. 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