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HomeMy WebLinkAboutAgenda Report - July 2, 1997 (42)AGENDA TITLE: Letter Regarding Driveway Replacement at 107 North School Street MEETING DATE: July 2, 1997 PREPARED BY: Public Works Director RECOMMENDED ACTION: That the City Council approve the letter committing the City to replace a driveway at 107 North School Street if one is approved as part of a new use on the site. BACKGROUND INFORMATION: As part of the Downtown project, the City removed a driveway at the northwest corner parcel at School and Elm streets. This parcel is also served by a driveway on Elm Street and neither driveway was in regular use. As part of previous use approvals, the City had required that the School Street driveway be abandoned. However, the property owner was not notified of the removal prior to the work and subsequently requested that it be replaced. Staff responded with a letter offering to replace the driveway at the City's expense should a future use be approved that includes a driveway on School Street (see Exhibit A which includes previous correspondence regarding the driveway). This arrangement is acceptable to the owner and we are asking for Council concurrence. FUNDING: None required at this time. Prepared Richard C. Prima, Jr., City Engineer JLR/RCP/Im Attachments cc: Property Owner, Mr. Mark Newfield If necessary, futurnding from the Street Fund. Jack L. Ronsko Pubic Works Director APPROVED: / H. Dixon Flynn -- City Manager C107sdwy.doc 06123!97 CITY COUNCIL PHILLIP A. PENNING, Mayor JACK A. SIECLOCK Mayor Pro Tempore KEITH LAND . STEPHEN J. MANN DAVID P. WARNER CITY OF LODI Mr. Mark Newfield P. O. Box Q Woodbridge, CA 95258 CITY HALL, 221 WEST PINE STREET P.O. BOX 3006 LODI, CALIFORNIA 95241-1910 (209) 333-6706 FAX (209) 333-6710 June 26, 1997 H. DIXON FLYNN City Manager JENNIFER M. PERRIN City Clerk RANDALL A. HAYS City Attorney SUBJECT: Letter Regarding Driveway Replacement at 107 North School Street Enclosed is a copy of background information on an item on the City Council agenda of Wednesday, July 2, 1997, at 7 p.m. The meeting will be held in the City Council Chamber, Carnegie Forum, 305 West Pine Street. This item is on the consent calendar and is usually not discussed unless a Council Member requests discussion. The public is given an opportunity to address items on the consent calendar at the appropriate time. If you wish to write to the City Council, please address your letter to City Council, City of Lodi, P.O. Box 3006, Lodi, California, 95241-1910. Be sure to allow time for the mail. Or, you may hand -deliver the letter to the City Clerk at 221 West Pine Street. If you wish to address the Council at the Council meeting, be sure to fill out a speaker's card (available at the Carnegie Forum immediately prior to the start of the meeting) and give it to the City Clerk. If you have any questions about communicating with the Council, please contact Jennifer Perrin, City Clerk, at (209) 333-6702. If you have any questions about the item itself, please call Richard Prima, City Engineer, at (209) 333-6706. (JaKc.onsko Porks Director J LR/Im Enclosure cc: City Clerk Nc107sdw.doc CITY COUNCIL PHILLIP A. PENNINO, Mayor JACK A. SIEGLOCK Mayor Pro Tempore KEITH LAND STEPHEN J. MANN DAVID P. WARNER Mark Newfield P.O. Box Q Woodbridge, CA 94549 CITY OF LODI CITY HALL, 221 WEST PINE STREET P.O. BOX 3006 LODI, CALIFORNIA 95241-1910 (209) 333-6706 FAX (209) 333-6710 May 27, 1997 SUBJECT: Driveway at 107 North School Street EXIIIBIT A H. DIXON FLYNN City Manager JENNIFER M. PERRIN City Clerk RANDALL A. HAYS City Attorney In response to your call, we have researched our files concerning the driveway at 107 N. School Street. This driveway was considered "abandoned" and was not replaced as part of the Downtown project. Attached are: • August 25, 1989, letter with subsequent notes - At that time, the driveway was "abandoned," although you indicated you needed it for the site cleanup operation and the matter was dropped for the time being. • August 2, 1991, building permit requirements for day care center at 107/109 N. School Street - The fourth bullet referred to multiple driveways. You indicated in our conversation that one at 109 N. School Street was abandoned. • Crossover agreement recorded September 25, 1991 - This agreement between 107 and 109 N. School Street refers to a playground for the day care center. These documents affirm our position that the driveway at 107 N. School Street is not necessary and has not been in use for over eight years. The site is not a parking lot as evidenced by the crossover agreement and does not meet the City's standards for a parking lot. The parcel is also served by a driveway on Elm Street. Replacing the School Street driveway with the Downtown project is actually saving you money, since it was done at no additional cost to you as part of the project. However, we certainly apologize for not informing you of our plans ahead of time. At such time as a use is proposed for which a School Street driveway is approved, we would be willing to replace a comparable driveway at no cost to you. If you have any questions, please contact me at your convenience. aj c Richard C. Prima Jr. City Engineer RCPlpmf Enclosures cc: City Manager Traffic Engineer Development Services Engineer Community Development Department (Address File) Dwy1 o7.doo >f. OUNGIt':. OHN R. (Randy) SNIDER. Mayor ,/r DAVID K'. HINCHMAN Mayor Pro Ternpore EVELYN M. OLSON JAMES W. PINKERTON, Jr. FRED M. REID Richard Navone P.O. Box Q Woodbridge, CA CITY of LODi 95258 CITY HALL. 221 WEST PINE STREET CALL SOX 3006 LODI, CALIFORNIA 95241-1910 (209) 334-5634 TEUCOPIER-CM) 333.6795 August 25, 1989 SUBJECT: Property Located at 107 North School Street (APN: 043-024-09) MAS A. PETERSON City Manager AUCE M. REIMCHE City Clerk 806 MWATT City Attorney The Public works Department has received requests for additional on -street parking stalls adjacent to the driveways of the property you own located at 107 N. School Street. The driveway on School Street is no longer used and has a cable stretched across it preventing access. According to the City of Lodi Municipal Code, abandoned driveways shall be replaced with curb and gutter. This will not be required until the building use is determined. In the interim, the City is installing three parking stalls in front of this driveway. The driveway located on Elm Street will not be affected at this time. If you have any questions regarding this matter, please contact Paula Fernandez, Trafc Engineer, at 333-6706 before August 31, 1989. � �!k L. JRon�sko" Public Works Director JLR/RSK/lw cc: Assistant Civil Engineer -Traffic Street Superintendent Mayor Randy Snider --5?01 kU/ �aA% N, , I 11 Pu'j U.:1x`c'T LNAVONEITXTW.01L �rtic�ci S(Od rr J� j tv(o Jc New '4� saj C�jv4C� C�w,UJB I btk 64- 60UAS rt, uv W axe Mb'� A�. CITY COUNCIL DAVID M. HINCHMAN, Mayor JAMES W. PINKERTON. Jr. Mayor Pro Tempore PHILLIP A. PENNINO JACK A. SIECLOCK JOHN R. (Randy) SNIDER Joseph Newfield P. 0. Box 516 Lodi, CA 95240 CITY OF LODI CITY HALL, 221 WEST PINE STREET P.O. BOX 3006 LODI, CALIFORNIA 95241-1910 (209) 334-5634 FAX (209) 333.6795 August 2, .1,991 SUBJECT: Construction Application #3549 109 North School Street, Lodi, CA THOMAS A. PETERSON City Manager ALICE M. REIMCHE City Clerk BOB McNATT City Attorney Off-site improvements are required by the City on all building permits with a value exceeding $14,100.00 (Lodi Municipal Code,,Chapter 15.44). Because the improvements being made to your parcel are greater than this amount, the Public Works Department is placing the conditions listed below on the issuance of your building permit. We understand from the Building Division that the tvio.parcels must be joined to accomodate the use of the buildings as shown on your -plan. The lot merger may be accomplished by either a lot line adjustment/record of survey or parcel map. Please contact the Community Development Department at 333-6711 to initiate the merger process. The balanceoo.f...our'comments are based on the assumption that the.parcels will be merged. ° Install water meter on existing water service.. According to our records, a 1 1/2" water service currently serves -both parcels." ,Please contact Fran Forkas, Water/Wastewater Superintendent; br ffii.'assistant, Frank Beeler at 333-6740 to discuss the meter size required.a: Current fees for 1" and 1 1/2" meter installation are $150 and,$280, respectively. ° Assessment of additional sanitary sewer service un ts.-(SSUW)-'may..,be required. According to our records, this parcel has paid � sewer connection fee of 2.5 SSU's. Please contact Mr. Forkas or Mr. Beeler at 333-6740 to discuss your proposed operation so the appropriate connection fee may be determined. The need for a grease trap on the sanitary sewer service should also be discussed at that time. ° Install a cleanout conforming to Standard Plan 201 on the sewer service. ° Abandon unused driveways and replace with curb, gutter and sidewalk, conforming to City standards.and repair damaged sidewalks. Sidewalk repair must conform to Standard Plan 117. The exact limits of the required work can be determined in the field. Please contact Wes Fujitani at 333-6706. A no fee encroachment permit must be obtained for this work. LBARRING/TXTW.OIL Joseph Newfield Construction Application #3549 August 2, 1991 Page 2 Payment of all fees and completion of the lot merger must be completed prior to the issuance of a building permit. The balance of the items may be included as part of your project, to be completed prior to final inspection by the Building Division. We suggest that you review the history of this site with the appropriate day care licensing agencies so there are no "surprises" later in your project. Should you have any questions, please call Sharon Welch, Assistant Civil Eng' r, o(�rG C!e�!)'at 333-6706. �J��C `� y�` • v Richard C. Prima, Jr. Assistant City Engineer SAW/RCP/cll Enclosure cc: Building Division Water/Wastewater Superintendent Assistant Civil Engineer Senior Civil Engineer LBARRING/TXTW.01L Recording requested by and when recorded mail to: Joseph K. Newfield, III P.O. Box Q Woodbridge, CA 95258 91094276 SnN MAGUIN COUNTY RECORDER'S OFFICE :i„"NES K JOHNSTONE 91 SEP 03 fiECJ�D AThE }, -C/0 FEE (3-1 :Z�77_ CROSS OVER AGREEMENT BETWEEN ADJOINING LANDOWNERS This 'agreement is made this 25th day of September, 1991, by and between Richard Navone, owner of the real property located at 107 North School Street, Lodi, -California, and Joseph K. Newfield, III, owner of the real property located at 109 North School Street, Lodi, California. The parties acknowledge that they have an interest in adjoining parcels of real -property located in the City of Lodi, County of San Joaquin, State of California, and described respectively as follows: 107 'North School Street, assessor's parcel number 043-024-09; and 109 North School Street, assessor's parcel number 043-024-08. The parties to this agreement desire to create a common cross over privilege and right between themselves in reference to the above described adjoining parcels of property so that each parcel of property will have the use of the other property. The parties to this agreement agree as follows: 1. Richard Navone hereby grants to Joseph K. Newfield, III, the right to cross over his property and use it as a means of ingress and egress to and from their respective property. 2. Joseph K. Newfield, III, hereby grants to Richard Navone the right to cross over his property and use it as a means of ingress and egress to and from his respective property. The right of way and privilege of cross over for access which is being granted between the landowners as set forth above shall continue and be binding on the parties to this agreement, so long as the properties located at 107 North School Street and 109 North School Street, Lodi, California, are being utilized to such a degree that a playground is needed and a day care center is in business on the properties mentioned. in this agreement. i OC { J ,?al I IV IV T 91094276 This cross over agreement between adjoining landowners shall be binding on and shall inure to the benefit of the parties hereto, their heirs, successors, or assigns. IN WITNESS WHEREOF, the parties have executed this cross over agreement between adjoining landowners the day and year first written above. RICHARD NAVONE l }FOSEPH K. NEWFI — III STATE OF CALIFORNIA COUNTY OF.. c� . r . 1 ✓i 4!�`�...... ! On t ris..... day of. . .... ..... in the year of 19... % before me, the dersigned, a No y Public in and for said State, personally appeared ....... 1r..`/ > 1Z, personally known to me (or proved o he basis of satisfactolf� evidence) to be the person(s) whose name(s) is/ar subscribed to the within instrument and acknowledged to me OFFICIAL=NDYA-KOURIS 5 E A L that he/she/they executed the same in his/her/their authorized capacity(ies), =� SOYA-KOURIS and that by his/her/their signature(s) on the instrument the person(s), or the •.s. - 'd" CALIFUMIA entity upon behalf of which the person(s) acted, executed the instrument. N COUNTYe lAu ]l. 1995 VIITNESS my hand and f£c�ial seal. Notary Public in and for said state. This dowmem is only a general form which may be proem for use in simple mmeco" and in no way srss. or is inasnded to acs. as a substhute fort o advice of an attorney. The Winter does not maks sny warranty, ~ avM= at kroed. as to the bgal validity of any provwon or the sudebility of these loran in any Veditc barosctim- Cowdery's Form No.1013— AMOWLFXGt&NWM — All Purpose — ( V91) STATE OF CALIFORNIA \_ COUNTY OF..:.�w..�J 1. On this.....?, . pp �- .day of.. �: �i�...in the year of 19:l.� before me, the "dersigned,,a Notary Public in and for said State, personally appeared . .. (��,/tC;,t C,( ..�-/ fi ...... , personally known to me (or proved on the basis of satisfactory evidence) to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me -chat he/she/they executed the same in his/her/their authorized capacity(ies), OFFICIAL y signature(s) on the instrument the person(s), or the �,,,�"L d that b his/her/their ocrn K"�!: Yn i(Q;;-S � ity upon behalf of which the person(s) acted, executed thinstrument. "I, IC f_?I:Fp7Gr4 iili,QlfIN r.rilliiI, tY- �a:•:n�,n:rrp y.,r �I 'SS my hand and official seal. L: �c tlAol ............... Notary Public in and for said State. This dooumem is only a general form which maybe proper for use in simple transacuom and in ro way acts, or is intended to act, as a subatiMs fertile advKa of an attorney. TM prinfeidoN not make any warranty, oAhm express or ImpNed, as to the legal validity of any provision of the sudaoiMy of these fame In any specific tranasctwr, ._. r,.v.,l-...•., r.._.., nr„ rnr+ A r•rlarnrur rnn•rn..... ... .. - -