HomeMy WebLinkAboutAgenda Report - June 18, 2014 C-19 PHAGENDA ITEM C** t 9
CITY OF LODI
' - COUNCIL COMMUNICATION
TM
AGENDA TITLE: Set Public Hearing for July 16, 2014, for the Consideration and Adoption of
Resolutions of Necessity for the Acquisition in Eminent Domain of Certain Real
Property for Public Purposes, Namely the Real Property Identified Below, in
Connection with the Harney Lane Grade Separation Project:
a) A Portion of Property Located at 13160 North West Lane (APN 058-110-47),
Negotiating Party: F&L Costa Family L.P.;
b) A Portion of Property Located at 120 East Harney Lane (APN 058-130-24),
Negotiating Party: Diane Tsutsumi and Gary & Joyce Tsutsumi 2011 Trust;
C) A Portion of Property Located at 2601 South Stockton Street (APN 058-130-02),
Negotiating Parties: Sean & Summer Varner;
d) A Portion of Property Located at 127 East Harney Lane (APN 062-410-25),
Negotiating Party: Valley Iron Works, Inc.;
e) A Portion of Property Located at 24 Maggio Circle (APN 062-410-26), Negotiating
Party: Reynolds Family, LLC;
f) A Portion of Property Identified as APN 058-100-03, Negotiating Party: FF, L.P.;
and
g) A Portion of Property Located at 2538 Banyan Drive (APN 062-260-11),
Negotiating Party: Sorour Partners, L.P., a California Limited Partnership
MEETING DATE: June 18, 2014
PREPARED BY: City Attorney's Office
RECOMMENDED ACTION: Set Public Hearing for July 16, 2014, for the consideration and adoption
of Resolutions of Necessity for the acquisition in eminent domain of the
real property identified above for public purposes in connection with the
Harney Lane Grade Separation Project.
BACKGROUND INFORMATION: The Harney Lane/Union Pacific Railroad (UPRR) Grade Separation
is an overpass bridge structure being developed as part of the City's
future plan to widen Harney Lane from two lanes to four lanes
between the western limits at Lower Sacramento Road to the State Route 99 interchange. The current
project development is primarily focused on constructing the overpass grade crossing and on widening
Harney Lane to four lanes between Hutchins Street on the west and Stockton Street on the east. The
widened portion of Harney Lane will tie into an existing four -lane segment immediately east of the project
limits and will transition back to two lanes just west of the intersection with Hutchins Street.
In order to relocate the existing utilities and construct the improvements, acquisition of right-of-way, utility
easements, and temporary construction easements are required at this time. The utility relocation work
will begin in the summer of this year. Construction of the grade separation project will begin as early as
summer 2015, if funding is authorized.
The Measure K Renewal program will provide $829,782 toward the total estimated right-of-way, utility
easements and temporary construction easements cost of $1,071,900. Additional funding will be
provided in the amount of $242,118 from City of Lodi Measure K local street repair funds.
To date, the City has acquired easements from two (2) property owners in the project area. Although
negotiations have been ongoing for several months, so far staff has been unsuccessful in acquiring the
necessary easement interests across the remaining parcels from seven (7) private property owners
identified above. Negotiations will continue with these remaining property owners in the hopes of
acquiring the easement interests by agreement.
At least 15 -days prior to the date set for the public hearing, the City will give written notice to the above-
named property owners that the Council will consider adoption of a Resolution of Necessity, pursuant to
Code of Civil Procedure section 1245.210, et seq. Property owners have the right to appear before the
Council and be heard on the following matters: (i) whether the public interest and necessity require the
project; (ii) whether the project is planned or located in the matter that will be most compatible with the
greatest public good and the least private injury; (iii) whether the property interests sought to be acquired
are necessary for the project; and (iv) whether the offer required by Government Code section 7267.2
has been made to the owner of record.
Janice D. M gdich
City Attorney
AGENDA ITEM C " 19
CITY OF LODI
COUNCIL COMMUNICATION
TM
AGENDA TITLE: Set Public Hearing for duly 16Auaust 6, 2014, for the Consideration and Adoption of
Resolutions of Necessity for the Acquisition in Eminent Domain of Certain Real
Property for Public Purposes, Namely the Real Property Identified Below, in
Connection with the Harney Lane Grade Separation Project:
a)
A Portion of Property Located at 13160 North West Lane (APN 058-110-47),
Negotiating Party: F&L Costa Family L.P.;
b)
A Portion of Property Located at 120 East Harney Lane (APN 058-130-24),
Negotiating Party: Diane Tsutsumi and Gary & Joyce Tsutsumi 2011 Trust;
C)
A Portion of Property Located at 2601 South Stockton Street (APN 058-130-02),
Negotiating Parties: Sean & Summer Varner;
d)
A Portion of Property Located at 127 East Harney Lane (APN 062-410-25),
Negotiating Party: Valley Iron Works, Inc.;
e)
A Portion of Property Located at 24 Maggio Circle (APN 062-410-26), Negotiating
Party: Reynolds Family, LLC;
f)
A Portion of Property Identified as APN 058-100-03, Negotiating Party: FF, L.P.;
and
g)
A Portion of Property Located at 2538 Banyan Drive (APN 062-260-11),
Negotiating Party: Sorour Partners, L.P., a California Limited Partnership
MEETING DATE: June 18,
2014
PREPARED BY: City Attorney's Office
RECOMMENDED ACTION:
Set Public Hearing for ju4y 166uaust 6, 2014, for the consideration and
adoption of Resolutions of Necessity for the acquisition in eminent
domain of the real property identified above for public purposes in
connection with the Harney Lane Grade Separation Project.
BACKGROUND INFORMATION: The Harney Lane/Union Pacific Railroad (UPRR) Grade Separation
is an overpass bridge structure being developed as part of the City's
future plan to widen Harney Lane from two lanes to four lanes
between the western limits at Lower Sacramento Road to the State Route 99 interchange. The current
project development is primarily focused on constructing the overpass grade crossing and on widening
Harney Lane to four lanes between Hutchins Street on the west and Stockton Street on the east. The
widened portion of Harney Lane will tie into an existing four -lane segment immediately east of the project
limits and will transition back to two lanes just west of the intersection with Hutchins Street.
In order to relocate the existing utilities and construct the improvements, acquisition of right-of-way, utility
easements, and temporary construction easements are required at this time. The utility relocation work
will begin in the summer of this year. Construction of the grade separation project will begin as early as
summer 2015, if funding is authorized.
The Measure K Renewal program will provide $829,782 toward the total estimated right-of-way, utility
easements and temporary construction easements cost of $1,071,900. Additional funding will be
provided in the amount of $242,118 from City of Lodi Measure K local street repair funds.
To date, the City has acquired easements from two (2) property owners in the project area. Although
negotiations have been ongoing for several months, so far staff has been unsuccessful in acquiring the
necessary easement interests across the remaining parcels from seven (7) private property owners
identified above. Negotiations will continue with these remaining property owners in the hopes of
acquiring the easement interests by agreement.
At least 15 -days prior to the date set for the public hearing, the City will give written notice to the above-
named property owners that the Council will consider adoption of a Resolution of Necessity, pursuant to
Code of Civil Procedure section 1245.210, et seq. Property owners have the right to appear before the
Council and be heard on the following matters: (i) whether the public interest and necessity require the
project; (ii) whether the project is planned or located in the matter that will be most compatible with the
greatest public good and the least private injury; (iii) whether the property interests sought to be acquired
are necessary for the project; and (iv) whether the offer required by Government Code section 7267.2
has been made to the owner of record.
4anice D. agdich
rney
Please immediately confirm receipt
of this, fax by calling 333-6702
CITY OF LODI
P.O. BOX 3006
LODI, CALIFORNIA 95241-1910
ADVERTISING INSTRUCTIONS
SUBJECT: PUBLIC HEARING TO CONSIDER ADOPTION OF RESOLUTIONS OF
NECESSITY FOR THE ACQUISITION IN EMINENT DOMAIN OF CERTAIN
REAL PROPERTY FOR PUBLIC PURPOSES IN CONNECTION WITH
THE HARNEY LANE GRADE SEPARATION PROJECT
PUBLISH DATE: SATURDAY, JULY 5, 2014
TEAR SHEETS WANTED: One (1) please
SEND AFFIDAVIT AND BILL TO: RANDI JOHL-OLSON
LNS ACCT. #0510052 CITY CLERK/LEGISLATIVE AFFAIRS OFFICER
City of Lodi
P.O. Box 3006
Lodi, CA 95241-1910
DATED: TUESDAY, JULY 1, 2014
ORDERED BY: RANDI JOHL-OLSON
CITY CLERK/LEGISLATIVE AFFAIRS OFFICER
J NIFER ROBISON, CMC
A SIAA
STANT CITY CLERK
ELENA STODDARD
ADMINISTRATIVE CLERK
Verify Appearance of this Legal in the Newspaper — Copy to File
Faxed to the Sentinel at 369-1084 at (time) on (date) (pages)
LNS Phoned to confirm receipt of all pagewat 09e) __ES _JMR (1hkiafs).
forms\advins,doc
DECLARATION OF POSTING
PUBLIC HEARING TO CONSIDER ADOPTION OF RESOLUTIONS
OF NECESSITY FOR THE ACQUISITION IN EMINENT DOMAIN OF
CERTAIN REAL PROPERTY FOR PUBLIC PURPOSES IN CONNECTION
WITH THE HARNEY LANE GRADE SEPARATION PROJECT
On Thursday, July 3, 2014, in the City of Lodi, San Joaquin County, California, a Notice
of Public Hearing to consider adoption of resolutions of necessity for the acquisition in
eminent domain of certain real property for public purposes in connection with the
Harney Lane Grade Separation Project (attached and marked as Exhibit A) was posted
at the following locations:
Lodi City Clerk's Office
Lodi City Hall Lobby
Lodi Carnegie Forum
I declare under penalty of perjury that the foregoing is true and correct.
Executed on July 3, 2014, at Lodi, California.
JE#41FERK ROBISON, CMC
ASSISTANT CITY CLERK
N:\Administration\CLERK\Forms\DECPOSTCA.DOC
ORDERED BY:
RANDI JOHL-OLSON
CITY CLERK/LEGISLATIVE
AFFAIRS OFFICER
ELENA STODDARD
ADMINISTRATIVE CLERK
CITY OF LODI
Carnegie Forum
305 West Pine Street, Lodi
NOTICE OF PUBLIC HEARING
Date: August 6, 2014
Time: 7:00 p.m.
For information regarding this notice please contact:
Randi Johl-Olson
City Clerk/Legislative Affairs Officer
Telephone: (209) 333-6702
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that on Wednesday, August 6, 2014, at the hour of
7:00 p.m., or as soon thereafter as the matter may be heard, the City Council will
conduct a public hearing at the Carnegie Forum, 305 West Pine Street, Lodi, to consider
the following item:
a) Adoption of resolutions of necessity for the acquisition in eminent domain of
certain real property for public purposes, namely the real property identified
below, in connection with the Harney Lane Grade Separation Project:
1. A portion of property located at 13160 North West Lane (APN 058-110-47),
negotiating party: F&L Costa Family L.P.;
2. A portion of property located at 120 East Harney Lane (APN 058-130-24),
negotiating party: Diane Tsutsumi and Gary & Joyce Tsutsumi 2011 Trust;
3. A portion of property located at 2601 South Stockton Street
(APN 058-130-02), negotiating parties: Sean & Summer Varner;
4. A portion of property located at 127 East Harney Lane (APN 062-410-25),
negotiating party: Valley Iron Works, Inc.;
5. A portion of property located at 24 Maggio Circle (APN 062-410-26),
negotiating party: Reynolds Family, LLC;
6. A portion of property identified as APN 058-100-03, negotiating party:
FF, L.P.; and
7. A portion of property located at 2538 Banyan Drive (APN 062-260-11),
negotiating party: Sorour Partners, L.P., a California Limited Partnership.
Information regarding this item may be obtained in the City Attorney's Office, 221 West
Pine Street, Lodi, (209) 333-6701. All interested persons are invited to present their
views and comments on this matter. Written statements may be filed with the City Clerk,
City Hall, 221 West Pine Street, 2nd Floor, Lodi, 95240, at any time prior to the hearing
scheduled herein, and oral statements may be made at said hearing.
If you challenge the subject matter in court, you may be limited to raising only those
issues you or someone else raised at the public hearing described in this notice or in
written correspondence delivered to the City Clerk, 221 West Pine Street, at or prior to
the close of the public hearing.
B r of the Lodi City Council:
ohl- on, City Clerk/Legislative Affairs Officer
Dated: June 18, 2014
as to form:
ich, City Attorney
CLERK\PUBHEAR\NOTICES\NOT_CA.DOC 6/26/14