HomeMy WebLinkAboutAgenda Report - November 21, 1984 (65)s
s'
CITY COUNCIL MEETING
7 ` NOVEMBER 21, 1984
L
AGf2>m►'EW Following in-k'roduction of the matter by City Manager Glnves
i3EIWFEN CITY and discussion with questions being directed to Staff,
AND OC NN Council, on motion of Council Member Reid, Hinclman second.
PJa,ATING TO adopted Resolution No. 84-183 approving an Agreement between
LEASE OF FAM the City of Lodi and the County of San Joaquin relating to
FCR e, MI'(RrWI' the lease of land for a Migrant :.livor Cane. conditioned upon
IAPCR CANIP the installation of fencing. Me motion carried by the
following vote:
RES, 9). 84-183
Ayes: Council Nimbers - Hinchmn, Olson, Reid, and
and Snider (Mayor)
N'K'S: Council Mmi>ers - Pinkerton
Absent: Cbunci1 Members - None
will
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;PUNCfiL COMMUNICATION
- s
TO THE CITY COUNCIL DATE NO.
FROM: THE CIT`.' MANAGER'S OFFICE November 16, 1984
SUBJECT: Agreement Between City of Lodi and San Joaquin County Relating to a
Lease of Land for Migrant Labor Camp
RECOMMENDED ACTION: The City Council authorize the City Manager to execute
attached agreement.
The subject agraement is attached. It has been reviewed by both the City
Attorney and the Public Works Director and is ready to be executed.
He^iry A. Glaves �
.. i ty Manager
Attachment
HAG/eeh
to
4r'
1 AGREEMENT BETWEEN THE CITY OF LODI AND COUNTY OF SAN
JOAQUIN RELATING TO A LEASE OF LAND FOR A
2 MIGRANT LABOR CAMP
3 - - - - -
4 THIS AGREEMENT is made and entered into this day of
5 , 1984, by and between the County of San
6 Joaquin, a political subdivision of the State of California,
7 hereinafter referred to as "COUNTY", and the City of Lodi, a
8 municipal corporation, hereinafter referred to as "CITY"..
9 WITNESSETH:
10 WHEREAS, CITY owns land located on the south side of Harneh
11 Lane, west of Tully Road, which is presently being used by the
12 COUNTY for a sanitary landfill; and
13 WHEREAS, a Pacific Gas and Electric Company power easement
14 has been granted on the westerly portion of such CITY property;
15 and
16 WHEREAS, the need exists for additional migrant labor housing
17 in San Joaquin County; and
18 WHEREAS, the COUNTY proposes to arrange for the construction
19 of migrant labor housing on COUNTY property located west of and
20 adjacent to CITY property; and
21 WHEREAS, the COUNTY has need of additional property for con -
22 struction of the migrant labor housing; and
23 WHEREAS, a portion of the CITY property, west of the Pacific
24 Gas and Electric Company easement, and adjacent to the proposed
25 labor camp is sufficient for COUNTY purposes; and
26 WHEREAS, use of this portion of CITY property will require
27 relocation of an access road to the southerly portion of CITY and
V f
1 COUNTY property; and
2 WHEREAS, the construction of additional migrant labor housing
3 is in the best interests of the people of the COUNTY and the
4 CITY;
5 NOW, THEREFORE, IT IS MTUALLY AGREED that CITY lease to
6 COUNTY the premises described in Exhibits A and B attached hereto
7 and incorporated by reference herein, under the following con -
8 ditions:
9 1. The term of the lease shall be for fifty (50) years,
10 commencing 19 and ending
I1 19 .
12 2. I -n consideration of this lease, COUNTY shall pay CITY
13 One Dollar ($1.0-0) per annum.
14 3. COUNTY shall use the premises for construction of a
15 migrant labor camp, to be administered by the County Housing
16 Authority.
17 4. Should COUNTY, its successors or assigns, at any time
18 abandon the use of the premises or any part thereof, or fail at
19 any time to use the same for the purpose contemplated herein f/or
20 a continuous period of one (1) year, the rights hereby give
21 shall cease to the extent of the use so abandoned or discon-
22 tinued, and CITY shall at once have the right, in addition to,
23 but not in qualification of, the rights hereinabove reserved, to
24 resume exclusive possession of the premises or the part thereof
25 the use of which is so discontinued or abandoned.
26 Upon termination of the rights and privileges hereby granted,
27 COUNTY, at its own cost and expense, shall remove all property
- 2 -
1 owned or controlled by COUNTY upon the premises and, if requested
2 by CITY, restore the premises as nearly as practicable to the
3 same state and condition in which they existed prior to the use
4 by COUNTY of the premises. Should COUNTY in such event fail,
5 neglect, or refuse to remove said property owned or controlled by
6 COUNTY upon the premises and .restore the premises, such removal
7 and restoration may be performed by CITY, at COUNTY'S expense,
8 which expense COUNTY agrees to pay to CITY upon demand
9 5. COUNTY shall providea road as located on Exhibit B.
10 Such road shall be used jointly by the CITY AND COUNTY for access
11 to CITY and COUNTY property. The road shall also be used to pro -
12 vide access for the maintenance of the migrant labor camp sewage
13 ponds.
14 6. COUNTY shall obtain the necessary approvals to locate a
15 portion of the access road onto the Pacific Gas and Electric Com -
16 parry easement.
17 7. As additional consideration, each party (defined for
18 purposes of this paragraph 7 as "first party") to this lease
19 agrees to hold harmless and defend the other party, and its
20 agents, officers and employees from and against any and all
21 claims, actions, liabilities, loss, damage or injury, including
22 any of the foregoing by way of indemnification or contribution
23 and arising directly cr indirectly out of the first party's acti-
24 vity, performance, operation, acts, or omissions relating to the
25 first party's duties, responsibilities and rights under the terms
26 and conditions of this lease, whether or not such claims,
27 actions, loss, damage or injuries result directly or indirectly
- 3 -
V r
1
from the sole, contributory,
comparative, active, passive, pri-
g
mary or secondary negligence
of the first party.
3
IN WITNESS WHEREOF, the
parties hereto have executed this
4
lease agreement the day and
year above written.
5
COUNTY OF SAN JOAQUIN, a
ATTEST: JORETTA '. HAYDE
political subdivision of
6
Clerk of the Board of Super-
the State of California
vinors of the County of San
7
Joauqin, State of California
By —
8
GEORGE L. BARBER, Chairman
By
Board of Supervisors
9
_(SEAL)
Deputy Clerk
*COUNTY"
10
11
Approval Recommended:
CITY OF LODI, a Municipal
Corporation of the State
12
of California
By
13
HENRY M. HIRATA
Director of Public Works
By
14
Title
15
"CITY"
16
17
APPROVED AS TO FORM:
JOHN F. CHEADLE
18
County Counsel
APPROVED AS TO FORM:
19
By
By
20
TERRENCE R. DERMODY
RONALD M. STEIN
Chief Deputy Ccunty Counsel City Attorney
21
City of Lodi
22
23
24
25
26
27 (2:R:"MIGRANT1")
- 4 -
F3CIBIT A
Legal Description
f,
A portion of the Northeast quarter (N.E. %) of Section
nineteen (19), Township three (3) North, Range eight (8)
East. Mount Diablo Base and Meridian, more particularly
described as follows:
Commencing at the section corner, common to Sections
Seventeen (17), Eighteen (18), Nineteen (19) and Twenty (20),
Township three (3) North, Range eight (8) East, Mount Diablo
Base & Merid a<n; thence South 860-52'-40" West a distance
of 1578.95' more or less along the North line of Section 19
to a point, which is the true Point of Beginning, said point
in the center line of the twenty-five (25) foot Right -of -Way
of a Pacific Gas And Electric Transmission Line referred to
in Book A, Volume 252, page 540, San Joaquin County Official
Records. Thence South no degrees (o00) €ourty-four (44)
minutes West a distance of 1353.691, thence North 890-4:6'
West a distance of 65.96' to a point in the east line of
the property conveyed to the County of San Joaquin in Volume
1221 page 315 of Official Records of San Joaquin County,
thence North no degrees (0.00) fourteen minutes (141) Ea-st,
along said East line a distance of 1349.07' to a point in
;.he North line of Section 19, thence North 860-52'40" East,
along said North line o said Section, a distance of 77.91'
to the Point of Beginning.
Exempting therefrom that portion of the aforesaid Pacific
Gas and Electric Right of way situate West of the hereinbefore
described center line.
EXHIBIT
773N., R S&6'
IM•D•B• �' M• �e
i
/°%cased 44bor
64MID i
�1
Partiaa of Gty of ,hod/ "'� ` � i
le5•o�erty b ba kastt �:
,by G�•�y ia►- ,c bor
i
Came C'onsMvchom r O �
aN i
M
Ii
rOUNTY PROPERTY
I�
0
I�
° —�
c
Sac. Ca++er H
20
� Eustin r
Fence 64tilit
Zo-
ji
o! 20' wide Access Reed
b ae�y 1* city
350'
w
0
o! Access Road ( 25' wide
P G• L E• Eau�rent x
C/%Y OF LODI
PROPERT Y
N
Ul
a
ix
R-!00' w
lrwAlawF;v.,Wj� -1
SvP/c��. .sE�r�Qiv
A CC C55 Ra40
No sca/e
51
R-,- c-.3
r Q -
t� Q
j .E � ;'rxws�suwe Nara+ —.�
tI
1 ,
R �� t E• Eastnrent � 1
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Q
ti Q9 - �6' W SCALE � Q3 '�1
6S 9i' ' `'
h 100 100 FT• U I It I
it
] ESOLIMILN M. 84-1-83
RE UJrICN APPWVING ACREMMIT BEMEN THE CITY
AMID THE CC!<M OF SAN JC1A IIN RELATING TO THE
LEASING OF LAND FCR A MI(IEikW LABOR CAVE
RESOLVED, that the City Counci l of the City of Lodi does hereby
approve an Agreement between the City of Lodi and the County of San Joaquin
relating to the leasing of nand for a Migrant Labor Camp, a copy of which Is
attached hereto merked E)dlibit "A" and thereby made a part hereof.
BE IT RR'IMER RESMVED that the Mayor and City Clerk are hereby
authorized to execute the subject Agreement on behalf of the City..
llated: November 21, 1984
I hereby certifv that Resolution No. 84-183
was Massed and adopted by the City Council
of the City of Lodi in a regular meeting
held November 21, 1984 by the following t-)te.
Ayes: Council 1F1 rbers - Hindman, Pinkerton Reid,
Olson, and Snider (Mayor)
Noes: Council Urbers - None
Absent: Council htnt>e rs - None
4
0
4
1 AGREEMENT BETWEEN THE CITY OF LODI AND COUNTY OF SAN
JOAQUIN RELATING TO A LEASE OF LAND FOR A
2 MIGRANT LABOR CAMP
3 - - - - -
4 THIS AGREEMENT is made and entered into this day of
5 _, 1984, by and between the County of San
6 Joaquin, a political subdivision of the State of California,
7 hereinafter referred to as "COUNTY", and the City of Lodi, a
8 municipal corporation, hereinafter referred to as "CITY".
9 WITNESSETH:
10 WHEREAS, CITY owns land located on the south side of Harney
11 Lane, west of Tully Road, which is presently being used by the
12 COUNTY for a sanitary landfill; and
13 WHEREAS, a Pacific Gas and Electric Company power easement
14 has been granted on the westerly portion of such CITY property;
15 and
16 WHEREAS, the need exists for additional migrant labor housing
17 in San Joaquin County; and
18 WHEREAS, the COUNTY proposes to arrange for the construction
19 of migrant labor housing on COUNTY property located west of and
20 adjacent to CITY property; and
21 WHEREAS, the COUNTY has need of additional property for eon -
22 struction of the migrant labor housing; and
23 WHEREAS, a portion of the CITY property, west of the Pacific
24 Gas and Electric Company easement, and adjacent to the proposed
25 labor camp is sufficient for COUNTY purposes; and
26 WHEREAS, use of this portion of CITY property will require
27 relocation of an access road to the southerly portion of CITY and
44
1 COUNTY property; and ("
2 WHEREAS, the construction of additional migrant labor housing`
3 is in the best interests of the people of the COUNTY and the
4 CITY;
S NOW, THEREFORE, IT IS MUTUALLY AGREED that CITY lease to
6 COUNTY the premises described in Exhibits A and B attached hereto
7 and incorporated by reference herein, under the following con -
8 ditions•
9 1. The term of the lease shall be for fifty (50) years,
10 commencing 19 and ending
11 , 19
12 2. In consideration of this lease, COUNTY shall pay CITY
13 One Dollar ($1.00) per annum.
14 3. COUNTY shall use the premises for construction of a
15 migrant labor camp, to be administered by the County Housing
16 Authority.
17 4. Should COUNTY, its successors or assigns, at any time
18 abandon the use of the premises cr any part thereof, or fail at
19 any time to use the same for the purpose contemplated herein for
20 a continuous period of one (1) year, the rights hereby give�'�✓
21 shall cease to the extent of the use so abandoned or discon-
22 tinued, and CITY shall at once have the right, in addition to,
23 but not in qualification of, the rights hereinabove reserved, to
24 resume exclusive possession of the premises or the part thereof
25 the use of which is so discontinued or abandoned.
26 Upon termination of the rights and privileges hereby granted,
27 COUNTY, at its own cost and expense, shall remove all property
- 2 -
A
1 owned or controlled by COUNTY upon the premises and, if requested
2 by CITY, restore the premises as nearly as practicable to the
3 same state and condition in which they existed prior to the use
4 by COUNTY of the premises. Should COUNTY in such event fail,
5 neglect, or refuse to remove said property owned or controlled by
6 COUNTY upon the premises and restore the premises, such removal
7 and restoration may be performed by CITY, at COUNTY'S expense,
8 which expense COUNTY agrees to pay to CITY upon demand.
9 5. COUNTY shall provide a road as located on Exhibit B.
10 Such road shall be used jointly by the CITY AND COUNTY for access
s
11 to CITY and COUNTY property. The road shall also be used to pro -
12 vide access for the maintenance of the migrant labor camp sewage
13 ponds.
14 6. COUNTY shall obtain the necessary approvals to locate a
15 portion of the access road onto the Pacific Gas and Electric Com -
16 parry easement.
17 7. As additional consideration, each party (defined for
18 purposes of this paragraph 7 as "first party") to this lease
19 agrees to hold harmless and defend the other party, and its
20 agents, officers and employees from and against any and all
21 claims, actions, liabilities, loss, damage or injury, including
22 any of the foregoing by way of indemnification or contribution
23 and arising directly or indirectly out of the first party's anti -
24 vity, performance, operation, acts, or omissions relating to the
25 first party's duties, responsibilities and rights under the terms
26 and conditions of this lease, whether or not such claims,
27 actions, loss, damage or injuries result directly or indirectly
3 -
U
1 from the sole, contrib-utory, comparative, active, passive, pri-
2 mary or secondary negligence of the first party.
3 IN WITNESS WHEREOF, the parties hereto have executed this
4 lease agreement the day and year above written.
5 COUNTY OF SAN JOAQUIN, a
ATTEST: JORETTA J. HAYDE political subdivision of
6 Clerk of the Board of Super- the State of California
visors of the County of San
7 Joaugin, State of California
8
9
10
11
12
13
14
i5
16
17
18
19
20
21
22
23
24
25
26
By
GEORGE L. BARBER, Chairman
By (SEAL) Board of Supervisors
Deputy Clerk
"COUNTY"
Approval Recommended:
By
HENRY M. HIRATA
Director of Public Works
APPROVED AS TO FORM:
J09N F. CHEADLE
County Counsel
By
TERRENCE R. DERMODY
Chief Deputy County Counsel
27 (1:K:"MIGRANTI")
CITY OF LODI, a Municipal
Corporation of the State
of California
By
Title
"CITY"
APPROVED AS TO FORM:
By
RONALD M. NEIN
City Attorney
City of Lodi
- 4 -
0
EXHIBIT A
Legal Description
A portion of the Northeast quarter (N.E. h) of Section
nineteen (19), Township three (3) North, Range eight (8)
East. Mount Diablo Base and Meridian, more particularly
described as follows:
Commencing a -t the section corner, common to Sections
Seventeen (17), Eighteen (18), Nineteen (19) and Twenty (20)
Township three ('3) North, Range eight (8) East, Mount Diablo
Base & Meridian; thence South 860-52'-40" West a distance
of 1578.95' more or less along the North line of Section 19
to a point, which is the true Point of Beginning, said point
in the center line of the twenty-five (25) foot Right -of -Way
of a Pacific Gas And Electric Transmission Line referredto
in Book A, Volume 252, page 540, San Joaquin County Official
Records. Thence South no degrees (000) fourty-four (44)
minutes West a distance of 1353.591, thence North 890-46'
West a distance of 65.96' to a point in the east line of
the property conveyed' to the County of San Joaquin in Volume
1221 page 315 of Official Records of San Joaquin County,
thence North no degrees (0,00) fourteen minutes (14') East,
along said East line a distance of 1349.07' to a point in
the North line of Section 19, thence North 860-52'40" East,
along said North line of said Section, a distance of 77.91'
to the Point of Beginning.
Exempt ng therefrom that portion of the aforesaid Pa-cific
Gas and Electric Right of way situate West of the hereinbefore
described center line.
EXHIBIT B
7731V ;, R 8,E
M. Q. B • it M • i8
779i� 386'S2'�'4"W
N
1
P.G.�E•
Tia�smisslM Tower
i
1
Pi oposed, 4abor
Camp
C /
ParM707 a/ City o! Lodi 1
Ancooerty to hw /C""
'by County liv- zdhor
C"P Canstrvctio r' p
of 1
%o
h
O
Y PROPERTY
COUNT ,
w
a
,
20 /Z'--
3
2'-
3
Tronsn�issen ;boner
.T�L�.,A� SECTro/v
ACCESS ROAD
Ne Scale
y/ –"7 /voterate
i
6 1
z 1
/7 o
Y
G
Sec • �'orn.tr
20
rL of 20' wide Access Road
M be ;"3trNcted by rnr G'avyty
a 350'
o! Access Road S 25' wide
P.Cs•t F .Easement
CITY OF LODI
PROPERTY
R- /00'
I
Center /,;74 aF 25' wider
�— R G• � E• Easement
I
IN-- -Irl
N89'41 -6'W
65.96'
UL
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W d
03
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C)
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SCALE,
C3
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