HomeMy WebLinkAboutAgenda Report - October 21, 1987 (66)LETTER RECEIVED
REO-ARDING PARK
BASIN "C"
ACQUISITION OF
PROPERTY
CC -27(a)
CC -27(c)
C? FY COUNCIL MEETING
Or-TOBER 2I, 1987
Following receipt of a letter from Freeman and Brown
regarding Park Basin "C" acquisition of property, Council,
on motion of Council Member Hinchman, Reid second, directed
the City Clerk to place this matter on the agenda for the
Regular Council Meeting of November 4, 1987.
Further, Council determined to hold an adjourned Regular
Meeting of the Council on Tuesday, October 27, 1987 at 7:00
a.m, which will consist of a "Closed Session" concerning
possible litigation regarding:
a) "C" Basin
b) Stapleton vs. City of Lodi
13
Law chf ces of
Proie,cnnri ( vr,^,crraL'oa
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...; .,r,. ::: ter„::❑ x, l � .. .��,.r.- Judy A. ALo:erc
El;k R. Anderson CITY i C ERR
Geraid A. Sperm'{ 1 I 0- LNDII
A- Peter Rausch. Jr. October 5, 19.
Honorable Mayor Evelyn Olson
Honorable City Council Members
City of Lodi
City Hall
Lodi, California
Re: Park Basin "C"
Acquisition of Property
I0 Acre Parcel
Dear Mayor and Council Members:
This office represents Mr. Daryle Geweke who is the
purchaser, pursuant to a land sales contract, of three adjacent
parcels of real property, Parcels #28, #29 and #30 lying to the
north of Kettleman Lane, east of Highway 99 and adjacent to Lodi
City limits belonging to Orriz.d D. Kettleman. Said contract of
sale recites that "the city of Lodi is contemplating condemning .
approximately 10 acres of said parcel 130".
We have reviewed the Master Plan of Park Base "C" adopted by
the City Council on October 15, 2986, and discussed the proposed
`acquisition of the portion of parcel #30 specifically, timing,
configuration, use and damages, .. l
is
Mr. Geweke has instructed us to attempt to minim'.ze the
adverse impacts the presently proposed acquisition would have on ;
Parcel #30 while attempting to equitably accommodate the needs of
the City of Lodi. -
u
We subsequently contacted Mr. Ronald Stein, City Attorney,
„
and inquired as to how soon the city needed the property, what
methods were available to mitigate Mr. Geweke's damages and how
could we work with the city of Lodi in the equitable resolution
of these problems.'-
Mr. Stein advised that the City's department of Public Works
wanted to proceed immediately with the acquisition of the
property and the construction of the project; that as the plan
had been adopted by the City Council, it could only be modified
by the City Council; that we would therefore have to direct our
concerns and proposals for mitigation to the City Council.
R
1818 Grand Canal Boulevard keno Nev„ da Office
Stockton, California 95207 147 East Liberty Street
209 474 1822 Reno, Nevada 89501
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Tetecooier: 209 474 1245 702 322 0606
Law o6ice of
FREEMAN & BROWN
Honorable Mayor Evelyn Olson
Honorable City Council Members
October a, 1987
Page Two
Will you please schedule this matter for discussion by the
City Council as soon as mutually convenient. As resolution of
these problems neea to be explored through open discussion, we
would suggest an initial c,-lneil study session for that purpose.
Unfortunately, Mr. Freeman will be out of the country until the
end of October. We will be pleased at that time to present to
you our concerns and our proposal to mitigate Mr. Geweke's
0 -mages while accommodating the needs of the City of Lodi.
Thank you for your consideration and cooperation. We look
forward to working with you and your staff in the equitable
resolution of this problem.
Very truly yours,
./'�< <�5
:
GERALD A. 'PERRY
GAS: dm
cc: Daryle Geweke
Orr.ind Kettleman
Ronald Stein
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C -DRAINAGE BASIN
December 1985 City allocated funds for design of C-Basin/Park.
Early 1986 City retained Richard Bigler to provide landscape design en
•C and E Basins.
June 1986 Public hearings held by Paris and Recreation Commission on
C -Basin design.
September 2, 1986 Park and Recreation Commission recommended to City Council that
C -Basin design be cporoved.
October 15, 1986 City Council approved park design for C-Basip.
January 1987 Funds were allocated for acquisition of 10 additional acres at
C -Basin.
February 1987
City retained Allan Thode to prepare appraisal on the 10 -acre
add tion.
April 1, 1987
City received appraisal on 10 -acre addition.
Early April
City retained Jerry Heminger as its acquisition agent.
April 16, 1987
Public Works Director met with Daryl Geweke and Jeff Werner who
were negotiating to purchase the remaining Kettelman property
between the C -Basin and Kettleman Lane. After reviewing the
adopted C -Basin park plan with them, they wanted to know the
problems involved in increasing the depth of the remaining
Beckman Road parcel to approximately 500 feet. The PWD
indicated that, in addition to having to redo the whole plan,
it appeared there would be insufficient clearance for the model
airplane runway. The PWD indicated he would check with Mr.
Bigler to confirm whether this modification was possible.
April 17, 1987
Public Works Director contacted Jeff Werner and indicated that
the park designer felt that the additional setback would
eliminate the model airplane concept. Mr. Werner indicated
that they had contacted their architect, Arlie Preszler (avid
model airplane enthusiast), and also found that the clearance
provided was needed for flying model airplanes safely. The PWD
indicated that based on the Council's desire to provide for
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model airplanes, he saw no gray to p-ovide this additional.:.h:
setback.
April 27, 1987
Agent met with Mr. and Mrs. Kettelman and made offer per
appraisal ($20,00G;acre). Kettelmans indicated they had an
existing offer of approximately $26,000/acre. Agent requested
copy of offer.
May 15, 1987
Agent met with Kettelmans. Asked for signed copy of offer.
Kettelmans indicated it would take approximately two weeks for
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signatures.
l
June 3, 1987
Agent spoke with Mr. Kettelman by phone asking for status of
signed offer.
July 2, 1987
Agent met with Kettelmans. They were to receivo signed offer
July 6.
July 14, 1987
Agent met with Kettelmans and obtained sioned offer. Agent
also indicated to Kettelmans that City may also be in a
position to also purchase 2-acre parcel betkz�en Beckman Road
and 10-acre parcel being negotiated. This would square off
Kettelman's remaining parcel.
July 15, 1987
Agent mec with City to transmit signed offer and to help
prepare letter to Adan Thode.
July 16, 1.987
City mailed letter to Allan Thode requesting confirmation that
200-foot depth is reasonable for commercial or industrial uses
and requesting review of his appraisal price now that Kettelman
had a signed offer of $26,260/acre.
July 21, 1987
Allan Thode talked to the City's agent relative to adjustment
of appraisal.
July 29, 1987
City received letter from Thode indicating 200-foot depth was
reasonable for development and that $26,260/acre was acceptable
to him based on the signed offer. Thode also felt City should
be flexible it squaring off parcel if that was the desire of
the seller.
August 7, 1987
City Attorney received ?.:LLeV from Geweke's attorney requesting
City revise their C-Basin Mart to provide 450-foot depth on
remaining Beckman Road frontage parcel.
August 27, 1987
City Manager, City Attorney, Public Works Director, and City's
acquisition agent met with Kettelman's attorney, Bob Elliott,
and made verbal offer to buy additional land to square off
parcel. Mr. Elliott indicated that he felt the City was being
more than fair to give the Kettelmans a choice of Option A (our
original 10-acre acquisition) or Option B (12 acres squaring
off total parcel).
September 2, 1987
City sent letter to Ketteiman's attorney, Bob Elliott,
formalizing City's offer to buy either 10 acres at $262,500 or
12 acres at $315,000. City has $450,000 budgeted.
October 5, 1987
City Council received letter from Geweke's attorney requesting
hearing before the Council. Nearing set for November 4, 1987.
October 14, 1987
City Council to set hearing to determine public interest and
necessity for November 4, the first step in eminent domain
proceedings.
October 16, 1987
City sent letter to Kjttelmans and their attorney notifying
them of the November t. public hearing, together with a copy of
letter of September 2.
CITY COUNCIL
IOW- R (Randyt SuIDFR
.-Mayor Pro Tempore
DAVII):NA HINCKMAN
IA:M(S \Y. PNKFRTON. }r
FRED :tt REID
CITY OF LO DI
CITY HALL. 1 \eES i PINE STRI E i
CALL FION 3t:ti;b
LODI. CALIFORNIA 95241-1910
(209) 334-5034
TI Lf COPtf R (709) 331-6745
October 27, 1987
THO,M,AS A PETERSON
Cr!y Manager
AIM -F, :_ RE IP.tCI1E
City C;eak
RONALD m <TEIN
C"Iv Attorney
Mr. Gerald A. Sperry
Attorney at Law
Freeman and Brown
1818 Grand Canal Boulevard
Stockton, CA 95207
RE: Proposed Resolution of Necessity Park Basin "C"
Dear Mr. Sperry:
Please be advised that the following items pertaining to Park Basin "C"
will appear on the agenda for the regular Council meeting of November
4, 1987:
I. Public hearing to consider the adoption of a Resolution
of Necessity for the acquisition of additional 'land for
the "C" Basin, southeast corner of Vine Street and
Beckman Road, by Eminent Domain procedures.
1
2. Consider request of Daryl Geweke for discussion and
resolution, concerns relating to Park Basin "C"
acquisition.
E
The meeting will commence at 7:30 p -m. and will be held in the Council
Chambers, 2nd floor, 222 West Pine Street, Lodi.
Should you have any questions
please do not hesitate to call this ,
office. ,
Very truly ;lours,
&,,
�-K- & 1,
Alice M. Reimche
City Clerk
AMR:JJ
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Y Offices 0
rREEMIAN & BROWN
;,•nem !.� ...n.. , ..,,,
Judy A.
..{ Gerald A SFk•r n' �� f t._tC+ i�
a A. Peter Rauch, it
October 26, 1987
The Honorable Mayor Evelyn Olson
4
The Honorable City Councilmembers
a
City of Lodi
City Hall
s
Lodi, CA 95240
Re: Council Meeting - November 4, 1987
Proposed Resolution of Necessity
Park Basin "C"
Dear Mayor and Councilmembers:
On October 5; 1987, this office initiated correspo:�dence
to you regarding our representation of Mr. Daryle Geweke, the
purchaser under a land sales contract of cartain real property
adjacent to the City of Lodi belonging to Orrin D. Kettleman_
Our letter outlined our interest and that of Mr. Geweke to work
with the City of Lodi and attempt to accomodate the city's pro-
posed expansion, by the acquisition of an additional 10 acres of
real property, of Park Basin "C". Our letter further requested
this matter be scheduled for a study session of the full council
as soon as mutually convenient.
On October 16, 1987, Assistant City Engineer, G. F.
Tobinson, initiated correspondence to Orrin D. and Gertrude M.
Kettleman notifying them of the city's intent to adopt on
November 4, 1987, a resolution of necessity authorizing and
directing the acquisition of 10 acres of Mr. Geweke's property by
eminent domain. In view of our letter of October 5, 1987, the
notification by Mr. Robinson would appear to be unnecessary and
premature. We again request the council schedule this matter for
discussion at a study session and further request the continuance
of the consideration of the proposed resolution of necessity
until sometime after that study session.
In the event this matter cannot be resolved by way of an
equitable compromise which will minimize the adverse impacts of r'
the proposed Park Basin "C" on Mr. Geweke's interest, this letter =
_`
constitutes formal request by Mr. Geweke, the real party in
F:
1818 Grand Canal Boulevard Reno Nevada Office
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Stockton. California 95207 147 East liberty Strcti!
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209 474 1822 Reno, Nevada 895D1
ielecopier: 209 474 1245 ?62 ;'_i (KN;
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FREEMAN & BROWN
The Honorable Mayor Evelyn Olson
The Honorable City Councilmembers
October 26, 1987
Page 2.
interest, or his representative, to be heard or. november 4, 1987,
on the issue of the adoption of the resolution of necessity.
Sincerely,
GERALD A. SPERRY
GAS: V9
cc: City Manager
City Attorney
City Clerk
Robert Elliott
Daryle Geweke
Last' offi'c s of
FREEMAN & BROWN
nlaell M, freeman
lames'—kVord Burn
Judi' A. Lovet,
Erik R. Andersr,n
Gera!d A �-;wrry
k Peter Rautc
October 26, 1987
The Honorable Mayor Evelyn Olson
The Honorable City Ccunciimembers
City of Lodi
City Hall
Lodi, CA 95240
Re: Council Meeting - November 4, 1987
Proposed Resolution of Necessity
Park Basin "C"
Dear Mayor and Councilmembers:
0G1 c i '87
On October 5; 1987, this office initiated correspondence
to you regarding our representation of Mr_ Daryle Geweke, tsle
purchaser under a land sales contract of certain real property
adjacent to the City of Lodi belonging to Orrin D. Kettleman.
Our letter outlined our interest and that of Mr. Geweke to work
with the City of Lodi and attempt to accomodate the city's pro-
posed expansion, by the acquisition of an additional 10 acres of
real property, of Park Basin "C". Our letter further requested
this matter be scheduled for a study session of tae full council
as soon as mutually c3nvenient.
On October 16, 1987, Assistant City Engineer, G. E.
Rolinson, initiated correspondence to Orrin D. and Gertrude M.
Kettleman notifying them of the city's intent to adopt on
November 4, 1987, a resolution of necessity authorizing and
directing the acquisition of 10 acres of Mr. Geweke's property by
eminent domain. In view of our letter of October 5, 1987, the
nctification by Mr. Robinson would appear to be unnecessary and
premature. We again request the council schedule this matter for
discussion at a study session and further request the continuance
of the consideration of the proposed resolution of necessity
until sometime after that study session.
In the event this matter cannot be resolved by way of an
equitable compromise which will minimize the adverse impacts of
the proposed Park Basin "C" on Mr. Geweke's interest, this letter
consCitutes formal request by Mr. Geweke, the real party in
1818 Grand Canal Boule -:d
Stockton, California 9520:
209 474 1822
Te!ecopier: 209 474 1245
a
d e� c
FREEMAN & BROWN
The Honorable Mayor Evelyn Olson
The Honorable City Councilmembers
October 26, 1987
Page 2
interest, or his representative, to be heard on November 4, 1987,
on the issue of the adoption of the resolution of necessity.
Sincerely,
GERALD
r
GERALD A. SPERRY
GAS:vg
cc: City Manager
City Attorney
City Clerk
Robert Elliott
Daryle Geweke