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HomeMy WebLinkAboutAgenda Report - April 6, 1988 PH (12)C O U N C I L C O M V U Ni i C A T I 0 N TO: THE CITY COUNCIL COUNCIL MEETING DATE: FROM: THE CITY MANIAGER' S OFFICE APRIL 6, 1988 SUBJECT: Public Hearing to Consider Adoption of Resolution of Necessity for the Acquisition of Four Parcels of Land on the West Side of Hutchins Street, Between Tamarack Drive and Vine Street, by Enti nent Domain Procedures PREPARED BY: City Attorney RECOMMENDED ACTION: That the City take the initial step in eminent domain proceedings by adoption of a resolution of necessity for the acquisition of four parcels of land on the West side of Hutchins Street, between Tamarack Drive and Vine Street. The resolution of necessity must be adopted by a vote of two-thirds of all of the City of todi Councilmembers. BACKGROUND INFORMATION: At the March 2, 1988 City Council meeting, Council set a hearing for April 6, 1988 to consider adoption of a resolution of necessity for the acquisition of the rights of way necessary for the widening of South Hutchins Street, Rimby to Vine, by eminent domain proceedings, pursuant to Code of Civil Procedure Section 1245.220. Notice of said hearing was mailed tc the property owners on March 10, 1988. The City's land acquisition agent, Jerry Heminger, has been in contact and working with the property owners, and NAe have agreement with all excepting the owners of four parcels, 2, 3, 11 and 12 as indicated on the attached sketch. The power of eminent domain may be exercised to acquire property for a proposed project only if all of the following are established: 1. The public interest and necessity require the project. 2• The project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury. 3. The property sought to be acquired is necessary for the project. State law provides that a public entity may exercise the pcwer of eminent domain only if it has adopted a resolution of necessity by a vote of two-thirds of all of the members of the governing body. Page 1 of 2 pages COUNC019/TXTA.02D March 30, 1988 .Atr , City Council April 6, 1988 Page 2 It is important to be aware that once the resol v i on of necessity has been adopted, the City must commence an eminent domain proceeding to acquire the property within sir months after- ?he date of adoption or, if the City has filed such proceeding, the City must serve the complaint and the surnmons relating to the proceeding. If it does not, the property owner may file an action for inverse condemnation to: 1. Require the City to take the property and pay compensation therefor, and/or 2. Recover damages from the City for the interference with the possession and use of the property resulting from adoption of the resolution. tiowever, the City Cour; i T i s permitted as__a__matter of right at any time before action f IiitirUY tttlor dy i n RMS/ vc Attachments CCENDOM. BjT/TXTA. 01V to rescind the resolution of necessity the property owner commences an March 30, 1988 � •� �� cc3 pr .om p 4'J 7 � I cL7 i •� t t:pl a� S s: - CAROINAI i•I�i '=> CZfJ y eEi Ott -tet .i.� _ tom: i e_r� :I � -n :_.: _ _it ! c �: - - _ ' • `� .--_. i • { •.+] •M• i�''LI: •r.:i u�_ ,•1, •Lr •••u1 +c -I ••,t. •i _ti} 1 I , 7 ..1 Cf 1 ,D-iGL lrt•DI •c^I^ •:)i• .t.•+`•t-'-1.� .� I �� 1 • i._ G » 7•vI clsn I . �•i `. .5-1 ::? 1 -•• t t5.: I i i __---_-_-_ .11 11; l l t.3 Ii �• t t Q Ir z� I1 1 p ,1 1 tw tll 3 t t Parcels remaining fto be acquired: 9 • �f C.>� C.'� I � r mJ r �t�_ cf3 T. 'G'i i.S> '.. � I �v t csr� i t.I. 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The property owners have been notified that they have the right to be heard on the matters referred to in CCP Section 1240.030 as it relates to this property. Specifically, CCP Section 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 need and the 'least private injury. C. The property sought to be acquired is necessary for the project. Pursuant to CCP Section 1245.234, the property owners must file a WRITTEN REQUEST to be heard within 15 days after the notice was mailed. The governing body need not give an opportunity to appear and be heard to any person who fails to file a written request. If the property owners intend to be heard on the matter they need to bring in or mail their request to Alice M. Reimche, City Clerk, 221 West Pine Street, Call Box 3006, Lodi, CA 95241-1910, phone 333-6702. THEIR FAILURE TO FILE A WRITTEN REQUEST TO APPEAR AND BE HEARD WITHIN 15 DAYS AFTER ?HE NOTICE WAS MAILED VWn RESULT IN WAIVER OF THE RIGHT TO APPEAR AND BE HEARD. If the property owners challenge the subject ratter in court, they may be limited to raising only those issues raised at the public hearing described in this notice or in written correspondence delivered to the City Clerk at, or prior to, the public hearing. Dated: March 2, 1988 By Order of the Lodi City Council Alice M. Reimche City Clerk roved as to form ���� adStein City Attorney , J f V J f � Lha RESOLUTION; NO. 88-45 RESOLUTION OF REGARDING EMINdENT DOMAIN PURSUANT TO CODE OF CIVIL PROCEDURE 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: the acquisition of four additional parcels of land for the widening of Hutchins Street between Rimby Avenue and Vine Street within San Joaquin County, described as portions of the south one-half of the east forty feet of Section il, Township 3 North, Range 7 East, Mount Diablo Base and Meridian. 2. That the real prcperty hereinafter described i s 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 hereinabove described real property for street widening 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 hereby authorized to prosecute in the name of the City of Lodi, any and all actions or proceedings required to acquire the necessary property and/or to 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, Chapter 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. amake-application kto a court of competent -furl dic�'i� on for 1 an order filing 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 in which said condemnation proceedings are pending may direct. 88-45 6. The real property or interest i n real property which the City ;. of Lodi is by this Resolution authorized to acquire for` said public improvements i s situated in the County of San Joaquin, State of California, and is more particularly described in Exhibit "A", "B", "C", and "D", attached hereto and incorporated herein by reference, 7. Pursuant to Goverrment Code Section 7207.2, a written offer was made to the owners of record i n the amount of S25,575 for the four parcels. DATED: April 6, 1988 I hereby certify that Resolution N10. 88-45 was passed and adopted by the City Council of the City of Lodi in a regular meeting held April 6, 1988 by the following vote: Ryes : Council Members - Hinchman, Pinkerton, Reid, Snider and Olson (Mayor) Noes : Council Members - None Absent: Council Members - None Alice M.'Reimche City Clerk 88-45 CITY COUNCIL EVELN'- 'A OLSON, I -Ax or CITY OF L O D I JOHN' R (Ran(jv) SNIDER :Mayor Pro Tempore CITY HALL. 221 WEST PINE STREET DAVID .M. HINCHNIAN CALL BOX 3006 JAMES W. PINKERTON. Jr LODI. CALIFORNIA 95241-1910 FRED .%, REID ('09) 333-5634 TELECOPIER (209) 333-6:95 March 10, 1988 Estate o f Nettie Wells c/o Mildred M. Braquet 7519 Kentwood Court Gilroy, CA 95020 SUBJECT: Notice Reqardinq Res lution of Necessity Code of Civil Procedure Section 1245.235 THOMAS A PETERSON City Manager A;LtCE WitREIMCHE City Clerk r_ iir. i ( R01 AtrD44 `STEIN City Attorney Notice is hereby given that on April 6, 1988, the City Council of the City of Lodi intends to adopt a Resolution of Necessity regarding Eminent Domain, pursuant to Code of Civil Procedure (CCP) Section 1245.220, for. the property located at 911 S. Hutchins Street, Lodi, described as follows: A portion of Lot 36 of Vinewood Tract, Tract No. 329, as filed in Volume 13 of Maps and Plats at Page 154, San Joaquin County Records, and being more particularly described as follows: Beginning at the northeast corner of Lot 36, thence South 0°11'30" West, 70.25 feet, along the east line of said lot, to the beginning of a tangential curve, concave to the northwest, with a radius of 20 feet, through an arc of 91°43'50", for a distance of 32.02 feet to the end of curve, thence North 47°57'25" East, 21.07 feet, thence North 011'30" East, 77.08 feet to the north line cf said lot, thence South 78°29' East, 5.1 feet along the north line cf said lot to the point of beginning. You are notified that you have the right to be heard on the matters referred to in CCP Section 1240.030 as it relates to this property. Specifically, CCP Section 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 i s planned or located in the manner that will be most compatible with the greatest, public need and the least private injury. c. The property sought to be acquired is necessary for the project. . .. .-4V .;... ,..:.. .. ':�w:.r:...n r( ..�df k,:-a�',xu:ziG,M�;w`,.Y :i:.'+a:iA"SL.' L:A+tiYi-aidb�„v.'r�Yxd4'r.dy;� •.-••�•-�,..� X Estate of Nettie Wells March 10, 1988 Page 2 NOTICE Pursuant to CCP Section 1245.235, you must file a WRTIUN REQUEST to be heard within 15 days after the notice was mailed. The governing body need not give an opportunity to appear and be heard to any person who fails to file a written request. If you intend to be heard on the matter, please bring in or ;nail your request to Alice Reimche, City Clerk, 221 W. Pine Street, Call Box 3006, Lodi, 95241, phone 333-6700. YOUR FAILURE TO FILE A W[M-HN 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. In . E . Robi son / s s i s t a n t City Engineer GER/SB/ma cc: City Clerk City Attorney Theodore I. Wittmayer, Attorney at Law y rx ito filo s s e» �q CITY COUNCIL EVE LYN Ni OLSON. Mavor JOHN R (Randy) SNIDER Mayor Pro Tempore DAVID,M HINCKMAN JAMES %V PINKE.RTON. (r. FREDNI REID April 6, 1988 CITY OF LODI CITY HALL. 221 WEST PINE STREET CALL 13OX 3(Y.)b LODI, CALIFORNIA 95241-1910 (209) 334-563.1 MECOMR : 1209) 333-6795 Theodore 11 ttmayer Attorney at Law 1024 West Robinhood Drive Stockton, CA THOMAS A. PETERSON City Manager ALICE M. RE IMC HE City Clerk R0NALD.14: STEIN City Attorney Re: Agreement For Right of Entry - 911 South Hutchins Street, Lodi Estate of Nettie H. Wells Dear Ted: Enclosed herewith please find an original and one copy of the above -captioned Agreement for right of entry for the widening of Hutchins Street i n Lodi. Please obtain the signatures of the Co -Administrators of the Nettie H. Wells estate: Mildred Braquet and Charlet Long, and return an original signed copy to this office. Upon execution by the City, a signed copy will be forwarded to you. Thank you for your assistance in this matter. Sin erely yours, RONALD M, STEIN CITY ATTORNEY JZh1� : v,C r 3 01". - enclosures enclosures cc: city Cler�____�_ Administrative Assistant, P. W. R/ENT2/TXTA.OIV AGREEMENT 911 SOUTH HUTCHINS STREET RIGHT OF ENTRY PORTION OF API: 031-140-34 THIS AGREEMENT, made and entered into this day of 19 , by and between The Estate of Nettie H. Wells, Deceased, Mildred Braquet, Co -Administrator and Charlet Long, Co -Administrator, hereinafter *called Owner, and the CITY OF LODI, a municipal corporation of the State of California, hereinafter called City. WITNESSETH: WHEREAS, Owner is entitled to possession of the real property situate in the City of Lodi, County of San Joaquin, State of California, and more particularly described as follows: "Lots thirty-five (35) and thirty-six (36) as shown upon Map entitled, VINEWOOD TRACT, filed for record May 27, 1953 in Vol. 13 of Maps and Plats, page 154, San Joaquin County Records. "EXCEPT from said Lot thirty-five (35), the West 42 feet thereof. " WHEREAS, City desires the right of entry to a portion of Lot 36 of Vinewood Tract, Tract No. 329, as filed in Volune 13 of Maps and Plats at Page 154, San Joaquin County Records, and being more particuiarly described as follows: "Beginning at the northeast corner of Lot 36, thence South C- 11' 30" West, 70.25 feet, along the east line of said lot, to the beginning of a tangential curve, concave to the northwest, with a radius of 20 feet, through an arc of 91- 43' 50", for a distance of 32.02 feet to the end of curve, thence North 47- 57' 25" East, 21.07 feet, thence North 0- 11' 30" East, 77.05 feet to the north fine of said lot, thence South 78- 29' East, 5.1 feet along the north line of said lot to the point of beginning. "Containing 479 square feet, more or less." WOW, THEREFORE, Owner is willing to permit the City of Lodi to enter said premises for the purpose of installing new sidewalk, curb and gutter in a five foot strip as above-described for the purposes of widening Hutchins Street as shown on Exhibit A attached hereto and incorporated herein by reference. City shall assume liability fcr any damage to said property occurring by reason of installing said sidewalk, curb and gutter. IN WIINESS WHEREOF, the parties hereto have read and agree with the statements herein , and the parties hereto have set their hands on the date and year first hereinabove written. -2- w�� CITY OF LODI, a municipal OWNER corporation THE ESTATE OF NETTIE H. WELLS, DECEASED i HOi•iAS A. PETERSON ' ByMILDRED BRAOUET, Co-Administrator C i t y Manager ATTEST ALICE M. REIMCHE City Clerk Approved As To Form: RONALD M. STEIN City Attorney R/ENT/WE.LLS/TXTA.02V By CNARLET LONG, Co -Administrator F CITY OF LODE CHUTCHINS sT. .- R/W AQUISITION PUBLIC WORKS DF-ART;��`ENT c;; � ✓ "C;= "i,/" � - ti ffi titi�t•L l ,� D=ate . • Puhtic Works Director ��� RCE `i CITY COUNCIL EVELYN M OLSON. ,Mayor JOHN R. (Randy) SNIDER .Mavor Pro Tempore DAVID M. HINCHMAN JAMES tv P!`KERTON. Ir FRED :1o. REiD -1 CITY OF LORI CITY HAL-. 221 WEST PINE STREET CAL: BOX 3006 LODi, CALIFORNIA 952.11-1910 (209) 334-5634 TELECOPIER t2O9! 113-6l'>S March 10, 1988 Mr. and Mrs. Ted 'Wi ttnayer 921 S. Hutchins Street 1-odi , CA 952,40 SLJBJECT: Notice Regarding Resolution of Necessity Code of Civil Procedure Section i245.235 THOMAS A. PETERSON City Nianager ALICE M. REINtCHE City Clerk RONALD Ni STEIN City Attorney Notice i s hereby given that on April 6, 1988, the City Council of the C ty of Lodi intends to adopt a Resolution of Necessity regarding Eminent Domain, pursuant tc Code of Civil Procedure (CCP) Section 1245.220, for the property located at 921 S. Hutchins Street, described as follows: A portion of Lot 37 of Vinewood Tract, Tract No. 329, as filed in Volume 13 of Naps and Plats at Page 154, San Joaquin County Records, and being more particularly described as follows: Beginning at the southeast corner of Lot 37, tnence North 0011'30" East, 66.12 feet, along the east line of said lot, to the beginning of a tangential curve, concave to the southwest, with a radius of 20 feet, through an arc of 88°27'20 for a distance of 30.88 feet, to the end of curve, thence South 44°3'44" East, 20.73 feet, thence South 0°11'30" blest, 71.20 feet to the south line of said lot, thence South 89°2' East, 5.0 feet, along the south line of said lot to the point of beginning. You are notified that you have the right to be heard on the matters referred to in CCP Section 1240.030 as it relates to this property. Specifically, CCP Section 1240.030 permits the City of Lodi to exercise the power of eminent domain tc 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 cr located in the manner that will be most compatibie with the greatest public need and the least private injury . c. The property sought to be acquired is neces::;,M;r for the project. NOTICE Pursuant to CCP Section 1245.235, you must file a WRITTEN REQUEST to be heard within 15 days after the notice was mailed. The governing body N1 and Mrs. Ted Wi ttmayer March 10, 1988 Page 2 need not give an opportunity to appear and be heard to any person who fails to file a written request. If you intend to be heard on the matter, please bring in or mail your request tc Alice Reimche, City Clerk, 221 W. Pine Street, Call Box 3006, Lodi, 95241, phone 333-6700. YOUR FAILURE TO FILE A WRITTEN REQUEST TO APPEAR AND BE HEARD Wf HN 15 DAYS AFTER THE NOTI E WAS MAUD WILL RESULT IN WAIVER OF THE RIGHT TO APPEAR AND BE HEARD. E. Robison sistant City Engineer GER/SB/ma cc: City Clerk City Attorney CITY COUNCIL EVES YN M OLSON, \Mayor IOHN R (Randy) SNIDER Mavor Pro Tempore DAVID M. HINCHMAN ;AMES N'. PINKERTON, Ir FRED nt REID CITY OF LOD:i CITY HALL, 221 WEST PINE STREET CALL SOX Vft L0D1, CALIF0RNIA 95' i91L1 (209)334-563» TELECOPIER (2D9133341 -9i March 10, 1988 Mr. and Mrs. John Van hest 1223 S. Hutchins Street Lodi, CA 95240 SUBJECT- Notice Regarding Resolution c f Necessity Code of Civil Procedure Section 1245.235 THOMAS A. PETERSON City •Manager ALICE n1 P.EIMCHE City Clerk RONALD tit STEIN City Attorney Notice is hereby given that on April 6, 1588, the City Council of the City of Lodi intends to adopt e Resolution of Necessity regarding Eminent Domain, pursuant to Code of Civil Procedure ( CCP) Section 1245.220, for the property located at 1223 S_ Hutchins Street, described as follows: A portion of Lot 24 of Knoll Subdivision, Tract No. 180, as filed in Volume 13 of Maps and Plats at Page 8, San Joaquin County Records, and being more particularly described as fol lows: Eeginning at the northeast corner of Lot 24, thence South 0015' East, 110 feet, along the east line of said lot to the southeast corner of said lot, thence North 89°38' West, 19.04 feet, along the south line of said lot, thence North 43'50'49" East, 20.18 teet, thence North 0'15' west, 95.36 feet, to the north line of said lot, thence South 8938' East, 5 feet to the point of beginning. You are notified that you have the right to be beard on the matters referred to in CCP Section 1240.630 as it relates to this property. Specifically, CCP Section 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 need and the least private injury. c. The property sought to be acquired is necessary for the project. Pursuant to CCP Section 1245.235, you must file a WRITTEN REQUEST to be heard within 15 days after the notice was mailed. The governing body need not give an opportunity to appear and be heard to any person who Mr. and Mrs. John Van Nest March 10, 1988 Page 2 f a i l s to f l e a written request. if you intend to be heard on the matter, please bring in or mail your request to Alice Reimche, City Clerk, 221 W. Pine Street, Call Box 3006, Lodi, 95241, phone 333-6700. YOUR FAI`URE TO FILE A WRITTEN REQUEST TO APPEAR AND BE HEARD WITHIN 15 DAYS AFTER THE NOTICE WAS BAILED WILL RESULT IN' WAIVER OF THE RIGHT TO APPEAR AND BE HEARD. /i E. Robison Assistant City Engineer GER/SB/ma cc: City Clerk` City Attorney CITY COUNCIL EVELYN M OLSON. btavor JOHN R. (Randy) SNIDER Mavor Pro Tempore DAVID .W HINCHMAN IAbIES W PINKERTO-4. Ir FRED M. REID CITY OF LODI Emelia Mayer 1231 S. Hutchins Street Lodi, CA 95240 CITY HALL. 221 WEST PINE STREET CALL BOX 3006 LODI CALIFOR.NIA 952-11.1910 (209)334•5b34 iELECOVIER ('_09)333.6745 March 10, 1985 SUBJECT: Notice Regardinc Resolution. of Necessity Code of Civil Procedure Section 1245.235 THOMAS A. PETERSON City Manager ALICE NI REVACHE City Clerk RONALD M. STEIN City Attorney Notice is hereby given that on April 6, 1988, the City Council of the City of Lodi intends to adopt a Resolution of Necessity regarding Eminent Domain, pursuant to Code of Civil Procedure (CCP) Section 1245.220, for the property located at 1231 S. Hutchins Street, described as follows: A portion of Lot 25 of Knoll Subdivision, Tract tio. 180, as filed in Volume 13 of Maps and Plats at Page 8, San Joaquin County Records, and being more particularly described as follows: Beginning at the southeast corner of Lot 25, thence North 89°38' West, along the south line of said lot 5 feet, thence North 0°15' West, 95.51 feet, thence North 43°48' 16" West, 20.20 feet to the north line of said lot, thence South 89°38' East, 18.92 feet along the north line of said lot, thence South 0°15' East along the east line of said lot, 110 feet to the point of beginning. You are notified that you have the right to be heard on the matters referred to in CCP Section 1240.030 as it relates to this property. Specifically, CCP Section 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 need and the least private i njury. c. The property sought to be acquired is necessary for the project. NGTICE Pursuant to CCP Section 1245.235, you must file a WRITTEN REQUEST t o be heard within 15 days after the notice was mailed. The governing body need not give an opportunity to appear and be heard to any person who .., ...:.._.,: ,y;,,,.�..... .......,, ......,_,. _.. ,... ..,w,.. .. �.. n.. .}.: :>;::. +r ,�. ,:F+,M.il.?+..�.nwr..a�.�r.rn ,%e�.:�4✓.t:3it:. eYfs �,. .,T:wF XWae',x �anrvb'Wi'+SSA.5i14. v'tiwdr+.—.kS'+ Emel is Ftayer March 10, 1988 Page 2 fails to file a written request. If you intend to be heard on the matter, please bring in or mail your request to Alice Reimche, City Clerk, 221 W. Pine Street, Call Box 3006, Lodi, 95241, phone 333-6700. YOUR FAILURE TO FILE A WRITTEN REQtMTC APPEAR AND BE HEARD VdTH\T 15 DAYS AFTER THE NOTICE WAS MAILED WILL RESULT IN WAIVER OF THE RIGHT TO APPEAR AND BE HEARD. 11"7� ` A si stant City Engineer GER/SB/ma cc: City Clerk City Attorney