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
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LOT 50
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LOTS 42 — 4f; — 49
SCALE e6lOO!
SAN JOAQUIN COUX.
ASSESSORS MAPS,
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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
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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
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40
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3
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LOTS 42 wf;"
SCALE
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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.
AD/dm
Short term rate not applicable
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