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Home My WebLink AboutAgenda Report - October 14, 1987 PH (6)f TTV rn hl'TI MCCTF r 1— 3 t Uv 11i_ii �� OCTOBER 1-4, 1987 PUBLIC HEAR.'"i;; SET TO CONSIDER ADOPTION OF RESOLUTION OF NECESSITY FOR THE ACQUISITION OF ADDITIONAL LAND FOR THE C -BASIN, SOUTH- EAST CORNER OF VINE STREET AND BECKMAN ROAD, BY EMINENT DOMAIN PROCEDURES Council set a Public Hearing for November 4, 1987 to consider adoption of a Resolution of Necessity for the CC -27(a) acquisition of additional land for the C -Basin, southeast CC -27(c) corner of Mine Street and Beckman Road, by Eminent Domain Procedures. ps lr 'y 7 9�'r Upr,CITY OF LODI PUBLIC WORKS DEPARTMENT TO: City Council FROM: City Manager MEETING DATE: October 14, 1987 AGENDA TITLE: Set Public Hearing for November 4, 1987 to Consider Adoption of 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 RECOMMENDED ACTION: That the City take the initial step in eminent domain procedures by setting a hearing to consider the adoption of a Resolution or Necessity for the acquisition of additional land for the C -Basin. BACKGROUND INFORMATION: The City's right-of-way negotiator, Jerry Heminger, has had numerous contacts with the owner of the parcel being acquired. We are in general agreement with the owner but have neither an agreement nor a deed. A second party is interested in acquiring the entire parcel as well as questioning the City's acquisition. Because of problems in finaling out this acquisition, it is important that we acquire the property prior to it being sold to a different party. We are asking that the Council set a date for the hearing, after which the owner will be notified of the date. In accordance with the laws concerning eminent domain, the owner will be invited to respond at that hearing if he so desires. The site is shown on the attached sketch. Of (Juc L. Ronsko bl c Works Director JLR/GER/ma Attachment APPROVER: CCBASIN/TX.TW.02M September 22, CITY OF L�LEXAWSION c- BASIN PPUBLIC WORKS DEPARTMENT I STATE HICHW,4Y NO. 99 [ BECKMAN i RD_ E i �r 2 sllc 'E 4200' z; f► =e j a L >, m .0 L rq D 1 a (o/ad4• % St+etion Lin¢—�_ .�= i S /• 04' E taw, Am - Mw pati brla�ec AM►- Apro�N N ftWic Wwks DtrK14r Doh I! c t CITY COUNCIL EVE L YN PA OLSO`:, .Mayor JOHN R. (Randy) SNIDER Mayor Po Tempore DAVID HINCHh1AN TAMES Yv PINKERTON. jr FRED :it. REID CITY OF LORI T HALL. 22' WEST PINE STREET CALL ROX 3 k& LODI. CALIFORNIA 95241-5910 (209)334-5634 TELECOPIER (209)333-67"45 October 16, 1987 Orrin D. and Gertrude M. Kettelman c/o Bob Kettelmar, 642 N. Cluff Avenue Lodi, CA 95240 SUBJECT: Notice Regarding Resolution or Necessity Code of Civil Procedure Section 1245.235 TH,0%tAS A. f;ty :blanar;er ALICE Xi REIP-ICHE C^ '_t rk L RCNALGOA. STEIN City Attorney Enclosed is a copy of our letter of September 2, 1987, containing the City's latest offer for purchase of additional land for the park/basin at Vine Street and Beckman Road. Notice is hereby giver; that on November 4, 1987, 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 south of Vine Street and east of Beckman Road within San Joaquin County described as follows: Being a portion of the south one-half of the north one-half of the southwest one-quarter of Section 7, Township 3 North, Range 7 East, Mount Diablo Base' and Meridian, described as follows: Commencing at the center of Section 7, Township 3 North, Range 7 East, Mount Diablo Base and Meridian, thence South 1004' East, 668.4 feet along the east line of the southwest one-quarter section to the northeast corner of that Kettleman parcel shown in Volume 6, Page 284, Record of Surveys, San Joaquin County Records, and the True Point of Beginning, thence North 87041' gest, 1038.0 feet along the north line of the south one-half of the north one-half of said southwest one-quarter section, thence South 1°04' East, 420.0 feet, parallel with said east line, thence South 87°41' East, 1038.0 feet, parallel with said north line of said south one-half to said east line, thence North 1004' West, 420.0 feet, along said east lir to the True Point of Beginning. You are notified that you have the right to be heard on the matters referred to in CCP Section 1240.63 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: Orrin D. and Gertrude M. Kettelman October 16, 1987 Page 2 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. 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 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 to Alice Reimche, City Clerk, 221 W. Pine Street, Call Box 3006, Lodi, 95241, telephone (209) 333-6700. YOUR FAILURE TO FILE A WRITTEN REQUEST TO APPEAR AND BE HEARD WITHIN 15 DAYS AFTER THE NOTICE WAS KAILED WILL RESULT IN WAIVER OF THE RIGHT TO APPEAR AND BE HEARD. G.E. Robison Assistant City Engineer GER/ma Enclosure cc: City Clerk City Attorney Robert Elliott, Attorney at Law Jerry Heminger CITY COUNCIL E`ELYN m, OLSON. Mayer !OHN R. (Randy) SNIDER Mayor Pro Tempore DAVID M. HINCHMAN JAMES W. PINKERTON. Jr. FRED M. REID CITY OF LORI CITY HALL. 221 WEST PINE STREET CALL BOX 3006 LODI. CALIFORNIA 95241-1910 (209) 334-5634 TELECOMER : (209) 133-6795 September 2, 1987 THO.v4AS A_ PETERSON City Manager ALICE M. REIMCHE Citv Clerk RONALD M. STEIN City Attorney Robert K Elliott Attorney at Law 228 West Pine Street Lodi, CA 95240 SUBJECT: Property Acquisition for C-1 Basin This is to confirm a discussion you had earlier with Jerry Heminger and others regarding the acquisition of additional land for the existing park/basin at Beckman Road and Vine Street. The City's last offer was to purchase either Option A, 10 acres for $262,500; or Option B, 12 acres for $315,000. Sketches of the two options are attached. The City understands that your client agrees that both options are fair and he will be notifying the City of his choice by the end of September. Once the City has your decision we will proceed with acquiring City Council approval for the acquisition. Should you have any questions, please contact Jerry Heminger, the City's representative in this acquisition -at 333-2333. Robison ssistant City Engineer GER/cag cc: Jerry Heminger City Attorney Orrin Kettleman Enclosure f { F iwrr i 1 Wa i 2io m TMAYS 0�0 G rn m 3 I ZINFANDEL,. ro Z.1NFANoEG xcrmeMAN LANE ---> in Sire TO BE AC,GUIRED DECLAP,ATION OF On October 16, 1487, in the City of Lodi, Sa caused to be mailed in the United States mai postage prepaid thereon, containing a copy o envelope was addressed as follows: Orrin D. and Gertrude M. Kettelman c/o Bob Kettelman 642 N. C1uff Avenue Lodi, CA 45240 There is a regular daily communication by ma California, and the place to which said enve I de-.lare under penalty of perjury that the Executed on October 16, 1487, at Lodi, Calif