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Agenda Report - August 6, 2014 G-01 PH
AGENDA ITEM 6 r 1 CITY OF LODI COUNCIL COMMUNICATION TM AGENDA TITLE: Public Hearing to Consider and Adopt 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. (Felix Costa & Sons); b) A Portion of Property Located at 120 East Harney Lane (APN 058-130-24), Negotiating Party: Diane Y. Tsutsumi and Gary Tsutsumi, Trustee of the Gary & Joyce Tsutsumi 2011 Trust. MEETING DATE: August 6, 2014 PREPARED BY: Janice D. Magdich, City Attorney RECOMMENDED ACTION: Conduct a Public Hearing to consider and adopt Resolutions of Necessity for the acquisition in eminent domain of the real property identified below for public purposes in connection with the Harney Lane Grade Separation Project. Staff recommends that the Lodi City Council adopt Resolutions declaring the necessity and authorizing the commencement of eminent domain proceedings to secure real property interests necessary to construct the Harney Lane Grade Separation Project. Staff further recommends that the City Council conduct a public hearing on the Resolutions of Necessity to acquire the following real property interests and to receive testimony from Property Owner(s): APN Owner(s) Road Easement Temporary Construction Easement 058-110-47 F&L Costa Family L.P. 1.91 acres(83,381 sq. ft.) 0.58 acre (25,453 sq. ft. 058-130-24 Gary & Joyce Tsutsumi 2011 Trust 2.24 acres (97,383 sq.ft.) 0.37 acre (15,875 sq. ft.) and Diane Y. Tsutsumi A two-thirds (2/3) vote of all the members of the council is required to adopt the Resolutions of Necessity (Code of Civ. Pro. §1245.240). BACKGROUND INFORMATION: The proposed Harney Lane Grade Separation Project (the "Project") will construct a new overhead structure across the Union Pacific Railroad (UPRR) tracks. Since the Harney Lane Specific plans calls for widening Harney Lane between Lower Sacramento Road and the State Route 99 interchange, the current Project will focus on constructing the overhead grade crossing and 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. On June 17, 2009, the City Council voted in favor of making Harney Lane its priority for Measure K railroad grade separation funding. With the current and projected development at Reynolds Ranch and projected growth in the region, Harney Lane is becoming an increasingly important east -west corridor for the City. Based on a 2011 study, motorists are subject to approximately 680 minutes of vehicle delay each day due to trains at the Harney Lane/UPRR at -grade crossing. Current and projected development will only increase the delays in the future, resulting in a greater potential for accidents. The proposed grade separation provides safe community access for all modes of transportation to nearby commercial centers and schools. It will also enhance public safety through improved response times for emergency vehicles, and reduce vehicle emissions as vehicle will not sit idling while waiting for trains to pass. 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 eight (8) property owners in the Project area. Although negotiations have been ongoing for several months, so far staff has not yet reached agreements to acquire the necessary easement interests across the remaining two (2) parcels from the private property owners identified above. Negotiations will continue with these remaining property owners to acquire the easement interests by agreement. In order to relocate the existing utilities and construct the improvements, acquisition of right-of-way (road easements), utility easements, and temporary construction easements are required at this time. The utility relocation work is proposed to begin in late summer of this year. Construction of the grade separation project will begin as early as summer 2015, if funding is authorized. The main objectives for the proposed Project include: • Eliminate the current level of service deficiencies at the Harney Lane/UPRR at -grade crossing; • Improved response times for emergency vehicles; • Correct existing and anticipated future traffic operational deficiencies; • Reduction in vehicle emissions associated with vehicles idling at the grade crossing; • Accommodate increased traffic demand generated by approved and planned growth in the City and the surrounding areas, consistent with the City's General Plan; and • Increase vehicular and pedestrian safety at the Harney Lane/UPRR at -grade crossing. ANALYSIS: A. Properties Subject to Resolutions of Necessity In total, there are ten property ownerships impacted by the Project. Two (2) of the ten properties are the subject of the Resolutions of Necessity. All the properties, which are the subject of the hearing on the Resolutions of Necessity, are located within the Lodi City limits. The particular property interests that are subject of this public hearing are as follows: F&L Costa Family L.P., 13160 N. West Lane, Lodi, CA A portion of APN: 058-110-47, described as: (i) permanent easement for right-of-way over 1.91 acres (83,381 square feet) along the southside of Harney Lane; and (ii) a temporary construction easement in 0.58 acres (25,453 square feet) along the southside of Harney Lane. Gary & Joyce Tsutsumi 2011 Trust and Diane Y. Tsutsumi; 120 East Harney Lane, Lodi, CA, A portion of APN: 058-130-24, described as: (i) permanent easement for right-of-way over 2.24 acres (97,383 square feet) along the southside of Harney Lane; and (ii) two (2) temporary construction easements totaling 0.37 acres (15,875 square feet) along the southside of Harney Lane. B. Acquisition Process In order to obtain the necessary property rights to construct the improvements for this Project, the City is following the land acquisition procedures set forth in the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and subsequently adopted Title 25 of Chapter 6 of the California Code of Regulations. The right-of-way acquisition involves the following basic steps: Project design completed, along with legal and plat descriptions describing the property needed to construct the Project; 2. Environmental review as described in this staff report; 3. An independent appraiser performed an appraisal for each of the affected properties; 4. The appraiser invited the property owners to inspect the property and gave the property owners an opportunity to provide relevant information to the appraiser; 5. The appraisal was carefully reviewed by City staff; 6. Just compensation was established based on the full amount of the appraisal; 7. A good faith offer was made to each of the owners in accordance with Government Code Section 7267.2, offering fair market value for the property as established by the appraisals. Copies of each written offer are available for examination and review by Council; 8. City staff met with and considered any comments or counter-offers by the owners and/or their representatives; 9. It appears that resolution of the outstanding issues leading to a mutually acceptable agreement between the City and landowner(s) may not be reached in a timely manner. Therefore, staff recommends that the City Council adopt a Resolution of Necessity authorizing the filing of an eminent domain action on the property interests listed above; 10. Prior to this hearing on the Resolutions of Necessity, and in conformity with the requirements of California eminent domain law, on July 14, 2014, the City sent written notices of this hearing on the Resolutions of Necessity to the subject property owners. The notices included a list of those issues and findings that the City Council would consider. The notices further advised the property owners of their opportunity to appear before and address the Council at this hearing should they provide written request within 15 days to do so. Copies of the notices have been filed with the City Clerk and are available to the public. Copies of each written notice are also available for examination and review by Council and the public; and 11. Negotiations with the property owner(s) can and will continue, in conjunction with the City's Real Property Manager and the City Attorney, even after the adoption of the Resolutions of Necessity. However, prolonged negotiations without the requested Resolutions of Necessity would delay the start of Project construction and could jeopardize Project funding. C. Proposed Resolution of Necessity In order to file an eminent domain action to acquire real property, the City must first adopt a Resolution of Necessity after a noticed hearing. In order to adopt the Resolution of Necessity, the Council must make the following findings: 1. The public interest and necessity requires the proposed Project; 2. The proposed Project is planned or located in a manner that will be most compatible with the public good and the least private injury; 3. The property interests are necessary for the purposes of construction, operation and maintenance of the proposed Project; and 4. Prior to making the above findings and determinations, the offer required by Section 7267.2 of the Government Code was made to the owner(s) of record of the property interests to be acquired. The basis for these findings is detailed in this staff report and the incorporated documents and will be supplemented, as necessary, during the hearing on the Resolutions of Necessity: 1: The Public Interest and Necessity Require the Project: The proposed public use is to improve, realign, widen, and grade separate Harney Lane over the existing UPRR tracks between South Stockton Street and South Hutchins Street (the "Project"). This Project includes the construction of a new overcrossing with embankments over the UPRR tracks, utility relocations, storm drainage improvements, sound walls, traffic signal improvements at South Stockton Street and South Hutchins Street, and a new raised, landscaped median along Harney Lane. This Project also includes the widening of Harney Lane to four lanes between South Stockton Street and South Hutchins Street as identified in the City of Lodi General Plan. This Project will require the acquisition of certain easements by eminent domain. Descriptions of these proposed easements, along with proposed deeds, are identified in the attachments to this staff report. The Project will widen Harney Lane to four lanes and reconstruct a crossing originally designed for a rural setting with a relatively low capacity to now accommodate vehicle trips generated by existing, approved, and anticipated urban development within Lodi and the region. The proposed Project will increase the flow of traffic to accomplish the following three objectives: A. Increase vehicular and pedestrian safety at the Harney Lane/UPRR at -grade crossing by eliminating the existing conflict point. This is consistent with one of the Regional Transportation Plan's objectives of "reducing the rate of automobile incidents at railroad crossings by 10% by 2035". B. Provide more efficient access to and from Highway 99 to serve the City of Lodi. C. Correct existing and anticipated future traffic operational deficiencies to accommodate increased traffic demand generated by existing, approved, and planned growth in Lodi and the region, consistent with the City of Lodi General Plan, the San Joaquin County General Plan, and the 2011 Regional Transportation Plan prepared by the San Joaquin Council of Governments (SJCOG). 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: The Project alignment and location is designed to minimize impacts to private property, provide a diminished cost to the City for right-of-way versus alternative alignments, and provide the most cost effective construction. The major constraints on the design of widening Harney Lane are the railroad crossing; the traffic capacity requirements that need to be met; avoiding disruptions in traffic flow during construction; the inability to close either Harney Lane or the UPRR tracks during construction; the need to minimize the impacts on private property in the area of the Project; and the cost of property acquisition and roadway construction. The City, and its consultants, performed detailed analysis of project alternatives and the associated impacts prior to entering into the design phase. The initial engineering analysis was developed with the Harney Lane/UPRR Grade Separation Feasibility Study (Completed August 2010). This study identified 4 feasible project alternatives: Alternative 1. Overhead with Sloped Embankments Alternative 2. Overhead with Retaining Walls Alternative 3. Underpass with Sloped Embankments Alternative 4. Underpass with Retaining Walls The feasibility study assessed right-of-way impacts and developed preliminary construction cost estimates for each alternative. These alternatives were then advanced to the Project Approval/Environmental Document (PA/ED) phase for further analysis. The design of each alternative was refined in the PANED phase through Council and public input. Ultimately Alternative 1 was selected by Council in August of 2012 after presentations of the analysis results. Additional analyses were conducted to determine alternatives to minimize the right of way requirement on the Tsutsumi property. Vertical retaining walls were considered adjacent to the Tsutsumi property instead of the currently planned earthen embankment. With this approach the right-of-way requirement could be reduced from 2.24 acres to 1.67 acres (0.57 acres), while increasing the Project cost by $850,000. The analyses were conducted to respond to property owner concerns that the loss of vineyard would result in a remainder parcel that was economically unviable for farming. In general the majority of the right-of-way impact to the parcel results from the necessity of shifting Harney Lane to the south in order to keep the roadway open during construction. 3. The Property Interests are Necessary for the Project: The proposed roadway alignment for the Harney Lane Grade Separation Project, which includes construction of a new overhead structure on Harney Lane over the UPRR railroad tracks located directly between and adjacent to the properties that are the subject of the Resolutions of Necessity, dictates that the proposed easements must be acquired. The easements to be acquired lie within the future roadway as planned and are therefore necessary for the safety, construction, and maintenance of the Project. The acquisitions proposed from the Costa property for the Project, include a permanent easement for roadway right-of-way over an irregularly shaped 1.91 acre (83,381 sq. ft.) strip of land along the north boundary of the property. A 0.58 acre (25,453 sq. ft.) temporary construction easement (TCE) is also proposed to be acquired over an approximately 22 -foot wide strip of land just south of the proposed Harney Lane road easement. The TCE is required for project construction work along the embankment and for the removal of trees within the area of the TCE, as may be necessary, and to replace the maintenance road along the north side of the property required for maintenance of the existing cherry orchard. The TCE will remain in effect during the Project's construction period. As part of the Project, a 10 -foot wide maintenance road is planned to be constructed within the right- of-way, at the foot of the slope. A new 58 -foot wide asphalt paved entrance to the Costa property will also be constructed along the south side of Harney Lane opposite Banyan Drive. Ingress/egress to the driveway will be limited to right-in/right-out turns only. Because security requirements are imposed on the Costa property, new chain link fencing will be installed along the south boundary of the proposed right-of-way line with dual 16 -foot wide chain link gates to be installed at the Banyan Drive entrance. As to the Tsutsumi property, the Project will require acquisition of a permanent easement for roadway right-of-way over an irregularly shaped 2.24 acre (97,383 sq. ft.) strip of land along the north boundary of the property. Two (2) TCEs totaling 0.37 acres (15,875 sq. ft.) are also required. One TCE is for a 5 -foot wide work area for the building of a 10 -foot high sound wall along a portion of the eastern property line, and the other, a 20 -foot wide area adjacent to the proposed Harney Lane road' easement to allow work to be done for the overcrossing embankment and the construction of a new perimeter access road to serve the vineyard operations on the Tsutsumi property. The TCEs would remain effect in effect during the Project's construction period. A map of the location of all of the property acquisitions and proposed improvements included in the Project are set forth in Attachment 2 to this staff report. 4. The Offers Required by Section 7267.2 Have Been Made: The offers required by Government Code Section 7267.2 have been made to the owner(s) of record for the necessary property interests. Copies of the offer letters have been filed with the City Clerk for reference and are available for review by Council and the public. ALTERNATIVES: The City Council could hold the public hearing and approve the proposed Resolutions of Necessity authorizing the use of eminent domain to secure the real property interests necessary for the Project. Staff would continue attempts to reach voluntary agreements to purchase the property interests. This is staffs recommendation, because acquisition of the subject properties in a timely manner is essential to the timely completion of the Project and attainment of the Project's public safety objectives. Staff further recommends, that the Council authorize the City Attorney's office and the law firm of Kronick, Moskovitz, Tiedemann & Girard, a Professional Corporation ("KMTG") to take all necessary steps to deposit with the Office of the State Treasurer, the amount of probable compensation required by law for issuance of Order of Possession, and to file complaints in eminent domain with the San Joaquin County Superior Court. 2. The City Council could direct staff to continue negotiating with the affected property owners without authorizing the City Attorney and KMTG to institute eminent domain proceedings. This alternative is not recommended because it would delay completion of the Project. Bidding the contracts and starting construction on the Project cannot occur until the City acquires possession of all of the necessary property interests to construct the Project. Further negotiations before commencing eminent domain proceedings would significantly delay the date possession of these properties could be obtained. Such delay would be contrary to the Project's public safety objectives and could jeopardize Project funding. As noted above, negotiations can and will continue if the Council adopts the Resolutions of Necessity. 3. The City Council could decide not to acquire these property interests and not to proceed with some, or all, of the Project at this time, or ever. This is not recommended since delaying construction would hinder traffic circulation, contribute to reduced pedestrian safety, and increase greenhouse gas emissions, which are contrary to the goals adopted by the City Council in the Lodi General Plan and in the San Joaquin Area Council of Governments (SACOG) 2015 Metropolitan Transportation Improvement Plan. In addition, the City could be at risk of losing State of California Section 190 Grade Separation Program funding. ENVIRONMENTAL REVIEW: Reynolds Ranch Project Plan (Draft EIR and Amended EIR, Project Description, Circulation & Phasing Plan, etc.) RECOMMENDED ACTIONS: 1. Adopt a Resolution of Necessity of the City of Lodi Declaring Certain Real Property Interests Necessary for Public Purposes and Authorizing the Acquisition Thereof, in Connection with the Harney Lane Grade Separation Project, namely a portion of the real property located at 13160 No. West Lane, Lodi, CA, identified as Assessor's Parcel Number 058-110-47 (Costa Property), described as (i) permanent easement for right-of-way over approximately 83,381 square feet along the southside of Harney Lane; and (ii) a temporary construction easement in approximately 25,453 square feet along the southside of Harney Lane. (The property sought to be acquired is described more particularly in the legal descriptions attached to the Resolution.) 2. Adopt a Resolution of Necessity of the City of Lodi Declaring Certain Real Property Interests Necessary for Public Purposes and Authorizing the Acquisition Thereof, in Connection with the Harney Lane Grade Separation Project, namely a portion of the real property located at 120 East West Lane, Lodi, CA, identified as Assessor's Parcel Number 058-130-24 (Tsutsumi Property), described as (i) permanent easement for right-of-way over approximately 96,555 square feet along the southside of Harney Lane; and (ii) two (2) temporary construction easements totaling approximately 15,875 square feet along the southside of Harney Lane. (The property sought to be acquired is described more particularly in the legal descriptions attached to the Resolution.) FISCAL IMPACT: The Measure K Renewal program will provide $829,782 toward the total estimated right-of-way (road easements), utility easements, and temporary construction easements for the Project 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. ATTACHMENTS: 1. Proposed Resolutions of Necessity for each of the properties; and 2. Project Location Map depicting right-of-way acquisitions (road easements and temporary construction easements) needed to construct the Harney Lane Grade Separation Project. The following documents are also incorporated into this staff report and are available for review by the Council and public (because of their volume, they are not attached but are available from staff for review, on the Internet at the City's webpage (www.lodi.gov), or available at the offices of other public agencies as indicated): 1. Lodi General Plan. 2. Lodi Zoning Ordinance. 3. Project Plans and Specifications. 4. Harney Lane Specific Plan, May 2011. 5. San Joaquin Area Council of Governments (SACOG) 2025 Metropolitan Transportation Improvement Plan. 6. Draft Environmental Impact Report and Amended Environmental Impact Report for the Reynolds Ranch Project. 7. Mitigated Negative Declaration for the Harney Lane Grade Separation Project, including Conditions of Approval/Mitigation Measures and Initial Study. 8. Harney Lane/UPRR Grade Separation Feasibility Study (August 2010). 9. Offer letters to the property owners pursuant to Government Code Section 7267.2. 10. Notice of Hearing regarding City of Lodi's Intent to Adopt Resolution of Necessity to Acquire Property by Eminent Domain, mailed to Felix Costa & Sons (property owner) on or about July 14, 2014. 11. Notice of Hearing regarding City of Lodi's Intent to Adopt Resolution of Necessity to Acquire Property by Eminent Domain, mailed to Gary Tsutsumi and Diane Y. Tsutsumi (property owners) on or about July 14, 2014. Janice D. agdich City Attorney RESOLUTION NO. 2014-140 A RESOLUTION OF THE LODI CITY COUNCIL DECLARING THE PUBLIC NECESSITY FOR AND AUTHORIZING THE INITIATION OF EMINENT DOMAIN PROCEEDINGS TO SECURE REAL PROPERTY INTERESTS NECESSARY TO CONSTRUCT THE HARNEY LANE GRADE SEPARATION PROJECT [CODE CIV. PROC. §§ 1245.220, 1245.230] Property Owner: F&L Costa Family L.P. A Portion of APN: 058-110-47 WHEREAS, the City of Lodi ("City") is a public agency of the State of California and is authorized to exercise the power of eminent domain; and WHEREAS, the California Constitution and Code of Civil Procedure §§ 1230.010 et seq. authorize the City to acquire property interests for public purposes by eminent domain procedures; and WHEREAS, the City intends to construct the Harney Lane Grade Separation Project to improve, realign, widen, and grade separate Harney Lane over the existing UPRR tracks between South Stockton Street and South Hutchins Street in Lodi (the "Project"); and WHEREAS, the main objectives of the Project include: (i) eliminating the current level of service deficiencies at the Harney Lane/UPRR at -grade crossing; (ii) improving response times for emergency vehicles; (iii) correcting existing and anticipated future traffic operational deficiencies; (iv) reducing in vehicle emissions associated with vehicles idling at the grade crossing; (v) accommodating increased traffic demand generated by approved and planned growth in the City and the surrounding areas, consistent with the City's General Plan; and (vi) increasing vehicular and pedestrian safety at the Harney Lane/UPRR at -grade crossing; and WHEREAS, in order to complete the Project, it will be necessary for the City to acquire certain interests in real property, including permanent right-of-way easements and temporary construction easements in real property identified as a portion of Assessor's Parcel No. 058-110-47; and WHEREAS, the permanent right-of-way easement is described in Exhibit "A" and depicted on Exhibit "B" attached hereto and incorporated herein by reference and the temporary construction easement is described in Exhibit "C" and depicted on Exhibit "D" attached hereto and incorporated herein by reference (collectively "Property"); and WHEREAS, the Property is located entirely within the boundaries of the City; and WHEREAS, to the extent that the Property is already appropriated to a public use, the use of the Property for Project purposes constitutes a more necessary public use pursuant to Code of Civil Procedure § 1240.610, et seq. WHEREAS, the City has investigated and examined the alternatives to the Project and the acquisition of the Property, and concluded that both the Project and the acquisition of the Property for the Project are necessary; and WHEREAS, the City has complied with the requirements of the California Environmental Quality Act, Public Resources Code Section 21000, et seq., in regards to the acquisition of the Property; and WHEREAS, the City has complied with requirements of the Government Code Section 7267.2, in regards to acquisition of the Property by making an offer to purchase to the known owner of record; and WHEREAS, the City finds and determines that Notice of its Intention to Adopt this Resolution of Necessity was duly given as required by Code of Civil Procedure § 1245.235 on or about July 14, 2014; and WHEREAS, the Notice of Hearing advised the owners of record of their right to be heard on the matters referred to therein on August 6, 2014, at the Lodi City Council meeting; and WHEREAS, a written request to appear was received from F&L Costa Family, L.P.; and WHEREAS, the hearing set out in the Notice of Intent to Adopt Resolution of Necessity was held on August 6, 2014, as required by the Code of Civil Procedure § 1245.235, at the time and place stated therein, all interested parties were given an opportunity to be heard, and the City did hear and consider all of the evidence presented. NOW, THEREFORE, based on the evidence presented, BE IT FOUND, DETERMINED, AND RESOLVED by at least a two-thirds vote of all of the members of the Lodi City Council under Code of Civil Procedure §§ 1240.030 and 1245.230, that the City finds and determines each of the following: 1. The recitals contained herein are true and correct; 2. Upon the examination of the alternatives, the permanent and temporary easement interests in the Property, as described and depicted in Exhibits A, B, C and D, are required to be taken by the City for and in conjunction with the Project; 3. The City is authorized to acquire the Property pursuant to the provisions of Government Code §§ 37350.5, 37353, 40401 and 40404, and the provisions of Eminent Domain Law comprising Title 7, Part 3 of the Code of Civil Procedure (commencing with § 1230.010), including § 1240.410, et seq.; 4. Acquisition of the Property for and in conjunction with the Project promotes public safety and the general welfare, is authorized by Government Code §§ 37350.5, 37353, 40401 and 40404, and is therefore a public use; 5. Based upon the evidence presented, the Lodi City Council hereby finds, determines, declares and resolves each of the following: A. The public interest and necessity require the proposed Project; B. 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; and C. The Property interests sought to be acquired as described and depicted in Exhibits A, B, C and D are necessary for the proposed Project. 0A D. The offer required by Government Code § 7267.2, together with the accompanying statement and summary of the basis for the amount established as just compensation, was made to all known and determined owner(s) of record. E. All conditions and statutory requirements necessary to exercise the power of eminent domain to acquire the Property have been complied with by the City. BE IT FURTHER RESOLVED that the City Treasurer is hereby authorized and directed to disburse all funds and make any and all deposits to obtain possession of and title to the Property, including but not limited to the deposit of the probable amount of compensation based on an appraisal pursuant to Code of Civil Procedure §§ 1255.010, et seq., with the California State Treasurer's Office; and BE IT FURTHER RESOLVED that the City Attorney and the law firm of Kronick, Moskovitz, Tiedemann & Girard, a Professional Corporation ("KMTG"), are hereby authorized and directed to prepare, commence, and prosecute proceedings in eminent domain in the appropriate court to acquire the Property described in Exhibits A and C and depicted on Exhibits B and D. The City Attorney and KMTG are hereby further authorized and directed to obtain orders for immediate possession of the Property as may be required for the proposed Project. Dated: August 6, 2014 I hereby certify that Resolution No. 2014-140 was passed and adopted by the City Council of the City of Lodi in a regular meeting held August 6, 2014, by the following vote: AYES: COUNCIL MEMBERS — Hansen, Johnson, Nakanishi, and Mayor Katzakian NOES: COUNCIL MEMBERS — Mounce ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None r� ��.d...__ i^ . 1■ � +lu s �1 r"Way Clerk - Z ROBISON 2014-140 Exhibit "A" Legal Description a� w- log** BAUMBACrH a PIAZZAw, INC. Lo&w OW0 00 Pflirefr� �110�I 6�s1: CIVIL ENGINEERS # LAND SURVEYORS tsaopi�+s.�so www,bponglneers.net EXH.Ult "A- A portion of the Nojthvrest Quarter of Section 24, To -unship 3 North, Range 6 East, Mount Diablo Base and Meridian, being more particularly described as fa&ovrs: Beginning at a point 54,00 feet Southerly and 50.:00 feet Easterly of the northwest carne" of Section 24, Tovwnshhp 3 Noorth, Range 6 East, Mount Diablo Base and Meridian, said point being the Soutfivrest corner of the Street Easement Deed described in San loa_quin Country Recorder's Instrument Na. 9.31506617; thence along the south Gine of said Street Easement Deed, N'oith ,90.000'59" East, 1135.77' to the West line of the 400 fort Congressional right -of -way of the: Cential' pacific Railway Company; thenoe Southerly on a course South 3044'59" West and along said West line of right .oF-way,• 127,97 feet) thence North 89.04,0''1€,' West, 108,55 feet, thence North 86"04'.59' West, 247,73 feet; thence South 89059'43" West, 212.17 feet; thence North 96004'59" Wrest, 127,66 feet; thence North, 11.89 feet; thence North 38034'26" West, 65,74 feet; thence North 44037.05" West, 48,86 feet; thence. North 8901D5'a0" West, 312.27 feet; thence South 45018'20" West, 26.32 feet to the East line of Hutchins Street; thence Northerly on a course North 0°13'2:0" West, 27.70 feet along said East line to the True point of Beginning. 5:1BraJect-'vrjI1�1 G.291doc4C�� Ded arnn.dec •]"{%�i ,k. . =-gip ...rLy.� .. �, ; - ' ] . - '.i'.; • `''i yyss ,� ~• •' moi+::: y_ ••: i, rr�)+:, •7K•'� `:r:Y ,'...� `-irinl��'.��:•r�r::�:: ,:. ::�••.,. ;'E. rY:.� •�iL �S�ri,. �.. f' yrs,. ,.i ^: �5 'R gyp},\.. • ��1-�,.: -, •rr�, ,•C,• . ".'iL�V.,�>•'�y'Lr,'ry`3"E'���. 1 ii i', . _ r 110 {+]� is'iaa; yt W `„ :.y'�'".�`: I��•: �. .. ... — .. �i }`;? �+.:tii `-raj., '7. 5 � "; ', : •:.. � r1 .t •,a" • T i', Y: r: ani �.ty . 3.:cka'•�r.. - .-1 :,s •: S r ,isa•:�n"fie==":... ,..;s":; _;.f ~�' ••'rir r' y:v.;:. •:�+�:,' - `.s?'s:.:= 'i• a - 'cis::':;^c.,;,dzY::-;;:� - '.•f'.� �.xFrr _ ria::"' •!i�, ::a s�.� .. ..� 9i1�TE S tM MMM AW "'THtC a7fllill7i. id"Ck,"LOON WOK37OF EXHIBIT C Legal Description RAVINARACH & 1111111114AZZAP We. '"W10004" "do ClVtL ENGINEERS* LAND SURVEYORS vewvv. b$>0t*h00r19,r10% Exhibit "A' A pdrtion of the Northwest QuArtOr d Sect'ort 24, Tbtvnsh&o 3 North, Range 6 East, Mount 01ablb ON.0 Od Mlriftn, tAir.jg jjjorii oartimMirly mtHbed 8S 0110WS: &.nd. So. OU foot Easterly of t1jo 110ftl1west, canner a C01Y)MA10mg .9. a point 54,00 f4d 504,01MY morjdwn ji6d POnt Ding Sedf-on 2,4, TownsKP Mor h, Rame j. 6 ffh-At MOU"t WWW 5*aO arms the SouLlMot (W*r Of 01" stivet. Ewmm*lt 000jwfted 41 San )mqW.ri cvmrltv , Revorders thence 5L SOUt1j, apdta,o W0.1* � .5t., 21-70 fleet:, �, )e ftlat tjj0(.v.,0. r RnUe said _oir ,Cot Mom we.. Last line of Kii.rhin- 5't;AW 0,4) tbo Tr, EW fin% Sputh 0.0`1876' E05t, 1:5,72 6W; thence Norm F.2.w, 15-30 feet; ithenre tbdiva uth EpV, 2q,4-62 feet, SO Narth: a;:"1 9`20" task, i� southi t(1.97 feel; 44037`08!' East, 46.7`5 feet, thence Sour -h 8811 34'26` East, 53.16 fe! t; thence . thence South 86004.59" Ease; 1.4ft et 196 feet- themc.,U�#Gqh -8005,9'4.3' Eag, 2 Q.17 fe , t - South a&,,,0411jc94 Ea4, 747.07 feet.' tfil!.nre Sakitlew 09040'16" Emit, '07,92 fe" ttfa W49 Not, of- QTI Ra y company; th8Pm the, 400 frot C0qMqjmWi r5ghVdTway Of te Central PO C' HW'M . 0 vio. 4 feet- hortherily an a Cd.,urA.-_ NOM 3:0441590 East arid along. maid: 11Ae Of right, F- y, 210 — I C.A ptior.th- 860,04.17 WO't, 2147-173 064 the0ft thema Nonh 89 South 99119'43k V009L 219.i7 feta;did.,rim. North 8600459' WdA, 117,66 fast; MAO North 11.61 fw- t; thence North O.P3416" 4Veq, 65.74. MetF tp.epC& North. 44113708"'Wtfit, fat; ti t . Jr. ,e11CL -9 eet 0 he thenct NOO 85405'00y WQgt,, 112,17 .... 4,1 8,je Wo� 2$j 2. t. t us Poir4 c,# R4mmng. 10 It G-1; .W-Ccilh TCZ"": a. !� J 5` ] IMP,2. �.,- -:7ze- ��. •.;y'.< N.?�'`i.': ,- ,�'�: : "-7:: 7 def i71t14�s .Tr:;�' '"s, �`i•,: -, -:�-� .:fir � � r fe v' ;'. S•L':'r. - t 1'M1 ^ �� .i✓Y jj;,g . .... x:}i"'.r�7.'.' �i � �1��1■11 7�i.>i�i��� . kb, Ak r. z Ci":i �`C ��• ]. :Fri=:• _ �. ��� ' , �4� .'fit y - t . S�•:i�:r to ] s. s. is ;���[•A ::h,,; =. ., ! - _ sit �;::'7xpj:'aL:'•:';.`; "g'•'�x,�:-'.t3iu,. K `IpIX�Sr lffl CITY -91 SURWVYS, OF LCQI U.P.S. VACS£ 50, f. .rl JL4E IW US SURVEY FQ RESOLUTION NO. 2014-141 A RESOLUTION OF THE LODI CITY COUNCIL DECLARING THE PUBLIC NECESSITY FOR AND AUTHORIZING THE INITIATION OF EMINENT DOMAIN PROCEEDINGS TO SECURE REAL PROPERTY INTERESTS NECESSARY TO CONSTRUCT THE HARNEY LANE GRADE SEPARATION PROJECT [CODE CIV. PROC. §§ 1245.220, 1245.230] Property Owners: Gary and Joyce Tsutsumi 2011 Trust and Diane Y. Tsutsumi A Portion of APN: 058-130-24 WHEREAS, the City of Lodi ("City") is a public agency of the State of California and is authorized to exercise the power of eminent domain; and WHEREAS, the California Constitution and Code of Civil Procedure §§ 1230.010 et seq. authorize the City to acquire property interests for public purposes by eminent domain procedures; and WHEREAS, the City intends to construct the Harney Lane Grade Separation Project to improve, realign, widen, and grade separate Harney Lane over the existing UPRR tracks between South Stockton Street and South Hutchins Street in Lodi (the "Project"); and WHEREAS, the main objectives of the Project include: (i) eliminating the current level of service deficiencies at the Harney Lane/UPRR at -grade crossing; (ii) improving response times for emergency vehicles; (iii) correcting existing and anticipated future traffic operational deficiencies; (iv) reducing in vehicle emissions associated with vehicles idling at the grade crossing; (v) accommodating increased traffic demand generated by approved and planned growth in the City and the surrounding areas, consistent with the City's General Plan; and (vi) increasing vehicular and pedestrian safety at the Harney Lane/UPRR at -grade crossing; and WHEREAS, in order to complete the Project, it will be necessary for the City to acquire certain interests in real property, including permanent right-of-way easements and temporary construction easements in real property identified as a portion of Assessor's Parcel No. 058-130-24; and WHEREAS, the permanent right-of-way easement is described in Exhibit "A" and depicted on Exhibit "B" attached hereto and incorporated herein by reference and the temporary construction easements are described in Exhibit "C" and depicted on Exhibit "D" attached hereto and incorporated herein by reference (collectively "Property"); and WHEREAS, the Property is located entirely within the boundaries of the City; and WHEREAS, to the extent that the Property is already appropriated to a public use, the use of the Property for Project purposes constitutes a more necessary public use pursuant to Code of Civil Procedure § 1240.610, et seq. WHEREAS, the City has investigated and examined the alternatives to the Project and the acquisition of the Property, and concluded that both the Project and the acquisition of the Property for the Project are necessary; and WHEREAS, the City has complied with the requirements of the California Environmental Quality Act, Public Resources Code Section 21000, et seq., in regards to the acquisition of the Property; and WHEREAS, the City has complied with requirements of the Government Code Section 7267.2, in regards to acquisition of the Property by making an offer to purchase to the known owners of record; and WHEREAS, the City finds and determines that Notice of its Intention to Adopt this Resolution of Necessity was duly given as required by Code of Civil Procedure § 1245.235 on or about July 14, 2014; and WHEREAS, the Notice of Hearing advised the owners of record of their right to be heard on the matters referred to therein on August 6, 2014, at the Lodi City Council meeting; and WHEREAS, a written request to appear was received from Gary Tsutsumi on behalf of the property owners; and WHEREAS, the hearing set out in the Notice of Intent to Adopt Resolution of Necessity was held on August 6, 2014, as required by the Code of Civil Procedure § 1245.235, at the time and place stated therein, all interested parties were given an opportunity to be heard, and the City did hear and consider all of the evidence presented. NOW, THEREFORE, based on the evidence presented, BE IT FOUND, DETERMINED, AND RESOLVED by at least a two-thirds vote of all of the members of the Lodi City Council under Code of Civil Procedure §§ 1240.030 and 1245.230, that the City finds and determines each of the following: 1. The recitals contained herein are true and correct; 2. Upon the examination of the alternatives, the permanent and temporary easement interests in the Property, as described and depicted in Exhibits A, B, C and D, are required to be taken by the City for and in conjunction with the Project; 3. The City is authorized to acquire the Property pursuant to the provisions of Government Code §§ 37350.5, 37353, 40401 and 40404, and the provisions of Eminent Domain Law comprising Title 7, Part 3 of the Code of Civil Procedure (commencing with § 1230.010), including § 1240.410, et seq.; 4. Acquisition of the Property for and in conjunction with the Project promotes public safety and the general welfare, is authorized by Government Code §§ 37350.5, 37353, 40401 and 40404, and is therefore a public use; 5. Based upon the evidence presented, the Lodi City Council hereby finds, determines, declares and resolves each of the following: A. The public interest and necessity require the proposed Project; B. 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; and 2 C. The Property interests sought to be acquired as described and depicted in Exhibits A, B, C and D are necessary for the proposed Project. D. The offer required by Government Code § 7267.2, together with the accompanying statement and summary of the basis for the amount established as just compensation, was made to all known and determined owner(s) of record. E. All conditions and statutory requirements necessary to exercise the power of eminent domain to acquire the Property have been complied with by the City. BE IT FURTHER RESOLVED that the City Treasurer is hereby authorized and directed to disburse all funds and make any and all deposits to obtain possession of and title to the Property, including but not limited to the deposit of the probable amount of compensation based on an appraisal pursuant to Code of Civil Procedure §§ 1255.010, et seq., with the California State Treasurer's Office; and BE IT FURTHER RESOLVED that the City Attorney and the law firm of Kronick, Moskovitz, Tiedemann & Girard, a Professional Corporation ("KMTG"), are hereby authorized and directed to prepare, commence, and prosecute proceedings in eminent domain in the appropriate court to acquire the Property described in Exhibits A and C and depicted on Exhibits B and D. The City Attorney and KMTG are hereby further authorized and directed to obtain orders for immediate possession of the Property as may be required for the proposed Project. Dated: August 6, 2014 I hereby certify that Resolution No. 2014-141 was passed and adopted by the City Council of the City of Lodi in a regular meeting held August 6, 2014, by the following vote: AYES: COUNCIL MEMBERS — Hansen, Johnson, Nakanishi, and Mayor Katzakian NOES: COUNCIL MEMBERS — Mounce ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None City Clerk 2014-141 Exhibit "A" Legal Description 328 W. Blur Strr+at BAA M BACH & PJAZZA, INC. L,&di, OA 815240-"03; Phan* (M) 3-8.+66% CIVIL ENGINEERS* LAND SURVEYORS fax 120).s$a•sefo www-.bp®r7gi rveers.n0 t Exhibit "A" A portion of the North►vest quarter of Section 24, Township 3 North, Range 6 East, Mount Diablo Base and Meddian, being more particularly described as follows; Commencing at the northeast corner of the northwest quarter of Section 24, Township 3 North, Range 6 East, Mount .Diablo Base and Me:i9dian as shown on Record of Survey, Puled in Book 7 of Surveys at Page 3088 San Joaquin County Records; thence along the: north Vine of said Section 2.4, south 1370'24'00" West, 210,00 feet, thence South oo651'80" East, 25.01 feet to the South line of Harney lane, and the True Point of Beginning, thence continue along said South line, south 87024'00" West, ..85SZ2 feet to the Easterly lime of the Union Pacific Railroad (400 foot wide per Congressional Grant); thence along sa-id Easterly line, South 03008'.OG' West. 157.27 feet; thence North 0023'48" East, 272,90 feet; thence North 77011`34" East, 377.73 feet; thence Noeth 78044`44" East) io6.,99 feet;. thence North 83027'45' East, 78.23 feet; thence North a9°0'9100" East, 4443 feet to the east line of that p:ropeaty described in Sian 3oaqu:in County Recorder's Document No, 201 9-05;1326; thence Borth 001151'fJo" West along said east. line;, 55.91 feet to the True Point of Beginning, $: tPr7Jm�12L.L 11s:b23itlbc��Tsus:uml i7cdSC3ti0R.dx iii:=��;•�G'rt; :]:.� :-J;�,.. -: _�• _ _ k•':ici' 6' ■■ ,� 4f w .r ..'r. �.r'?•; Vii':; .. - E:, EXHIBIT C Legal Description 323 W, Elm 6tf"t BAU 1111 BACH & PIAZZA, INC. Loui, CA 95940;301oa F""Iml 369.481'& CIVIL ENGINEERS -LARD SURVEYORS rax.t209l36SLGG1a wvgw.bpe.ngtneers.n©t 14 LAQ _- i� � � Exhibit "A" �" VMS. a; 12/11/11 Temporary Constr-uction Easement *1 ;�'�y�� :� aF,11. 7!1311 A partio:n of the Nolth%ve t Quarter of Section 24, Town'sh'ip 3 North, 4ng�e 6 Ea , rnmt Diablo Ease and Meli&an, being more particuiarily described as follows: Com°menci.ng at the northeast corner of the northwest quarter of Section 24, Township 3 North, Range 6 East, Mount Diablo Base and Meridian as shown on Record of Suivey., filed in Book 7 of Surveys at Page 308, San Joaquin County Records -i thence along the Mord' l'.ine. of said Section 24, South 87024'00" West, 210.00 Beet., thence SouEh 00'51'00' East, 84.92 feet to the True Point of Beginning; thence South 89D09'00' West, 5.00 feet, thence Sarah 00a51'00" East, 142.34 feet; thence North 07024'0,0' East, 5.00 feet; thence North boo 51'00' West; 142. 19 feet to the True Point of Beginning. Temporary ConstruCtion Easement A portion of the Notthwest Quarter of Section 24, Towrts p. 3 North, Range 6 Fast, Mount Diablo Base. and Nteridian, being :more. particularly descibed' as follows - Comm ending. ollows: Commenting at the northeast corner of the n:olthwest quarter of Section 24, Township 3 North, Range 6 East, Mount Diiablo Base and Meridian ass shown on Record! of Survey, fled in Book 7 of Surveys at Page 308,San Joaquin County Records;. thence along: the north lite of saed Section 24, South 87°24'00' West, 210.00 feet, thence Soutfi 00o.51`00•" East, 84.92 feet; thence South $9005'OO" Nest, 44. 13 feet, thence South 83027 45" West, 78.23 feet,; thence South 78044`44" West, 2.60 Beet to the True Point of Beginning; thence South 713114444" West, 104,35 feet; thence South 77011'34° West, 377.73 feet; thence South 851123'48" Wrest, 272.90 feet, thence South 03008'00" Wriest, 20.18 feet; thence North 85023'48" East, :277.05 feet, thence North 77011'34" East, 373.89 feet, thence North 7Bo44'44" East, 1,01.12. feet; thence Narth 02043'50" West, 20,22 feet to the True Point of Beginning. _q; tipr,,,d.s,.om r�11621 NOOc�Tsumuml 7iL- Coe i.r r'F _ Mfr' `SW,v, .'.i[ - 78 ElkIr�,7t1lr��Erll �•* to A 1r 3k n� � 1 el �•.l� � is .:+.r`t,`.. '� 4[F EYr..' •• . WV,Aq;,,y{: r�� =: pie F.;}r: ,a,',,- �x? 'i• HERUM \,CRABTREE '�'E*SUNTAG July 21, 2014 Mr. Stephen Schwabauer City Manager City of Lodi 221 West Pine Street, City Hall P.O. Box 3006 Lodi, California 95241 Re: Request to Speak Dear Mr. Schwabauer: ULA of t 'E.R'S' Steven A. Herum sherum@herumcrabtree.com This office represents Felix Costa & Sons. In response to your letter of July 14, 2014 my client requests the opportunity to speak at the Lodi City Council hearing scheduled for August 6, 2014. In advance, thank you for your attention to this matter. Very truly yours, STEVEN A. ERU Attorney -at -Law SAH:Iac cc: Client 5757 PACIFIC AVENUE SUITE 222 .STOCKTON, CA 95207 PH 209-472.7700 `\.MODESTO PH 209.525.8444 HERUM �CRABTREE ` SUNTAG -;-r-0RN _,fs July 21, 2014 Mr. Stephen Schwabauer City Manager City of Lodi 221 West Pine Street, City Hall P.O. Box 3006 Lodi, California 95241 Re: Request to Speak Dear Mr. Schwabauer: 44 �b4. a i 9 Steven A. Herum sherum@herumcrabtree.com This office represents Gary Tsutsumi. In response to your letter of July 14, 2014 my client requests the opportunity to speak at the Lodi City Council hearing scheduled for August 6, 2014. In advance, thank you for your attention to this matter. Very truly yours, b STEVEN A. HELM Attorney -at -Law SAH:Iac cc: Client 5757 PACIFIC AVENUE SUITE 222 STOCKTON,CA 95207 .PH 209.472.7700 ',MODESTO PH 209.525.8444 ".FX �6�3490 ft\2ftp�75 July 17, 20014 Stephen Schwabauer, City Manager City of Lodi P.O. Box 3006 Lodi, Ca. 95240 JUL 2 ,) 2014 CITY MANAGER'S OFFICE RE: City of Lodi's Acquisition of Easement in APN 058-130-24 120 East Harney Lane, Lodi, CA. Please accept this request to appear and be heard on August 6, 2014 before the City Council regarding the Resolution of Necessity to acquire the property described as on the San Joaquin Assessor's Parcel number 058-130-24. rul Yo s, Gary Tsutsumi Property Owner 120 East Harney Lane X 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 E6NIFER W. ROBISON, CMC ASSISTANT 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 pages at (time) _ES JMR (initials) 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. 4�*INIFERA ROBISON, CMC ASSISTANT CITY CLERK N:\Administration\CLERK\Forms\DECPOSTCA.DOC RANDI JOHL-OLSON CITY CLERK/LEGISLATIVE AFFAIRS OFFICER ELENA STODDARD ADMINISTRATIVE CLERK • CITY OF LODI ` Carnegie Forum • 305 West Pine Street, Lodi IN 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.; S. 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, 2"d 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 rd of the Lodi City Council: Johl- 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 CITY COUNCIL PHIL KATZAKIAN, Mayor LARRY D HANSEN, Mayor Pro Tempore BOBJOHNSON JOANNE MOUNCE ALAN NAKANISHI Felix Costa & Sons Attention: Greg Costa CITY OF LODI CITY HALL, 221 WEST PINE STREET P.0 BOX 3006 LODI, CALIFORNIA 95241-1910 (209) 333-6702 / FAX (209) 333-6807 www.lodi.gav cit clerk lode. oy July 14, 2014 STEPHEN SCHWABAUER City Manager JENNIFER M. ROBISON City Clerk JANICE D. MAGDICH City Attorney Re: City of Lodi's Acquisition of Easement in APN 058-110-47, 13160 N. West Lane, Lodi, CA Notice of Intent to Adopt Resolution of Necessity on August 6, 2014 Dear Mr. Costa: The law provides procedures for public agencies to acquire interests in private property when needed for public use. These laws require that an agency that intends to acquire an interest in real property must notify the owners of that property of its intention to condemn. This notice is being provided to you because your name appears on the last equalized county assessment roll notice as an owner of San Joaquin County Assessor's Parcel number 058-110-47. The purpose of the attached Notice of Intent is to advise you that acquisition of the property will be sought by the City of Lodi ("City") through judicial process if an amicable agreement is not reached. The attached Notice of Intent gives you an opportunity to appear before the City and raise questions concerning the public interest, necessity, and location of the project as it affects your property. If the Resolution is adopted, the City has the authority to file an eminent domain action in the Superior Court. If you desire to have a hearing on this issue before the City you must provide the City with a written request to appear and be heard on or before 5 p.m. on July 29, 2014, as described in the attached notice. Very truly yours c STEPHEN SCHWABAUER City Manager CC: Steven A. Herum, Herum/Crabtree/Suntag 5757 Pacific Avenue, Suite 222 Stockton, CA 95207 CITY COUNCIL PHIL KATZAKIAN, Mayor LARRY D. HANSEN, Mayor Pro Tempore BOB JOHNSON JOANNE MOUNCE ALAN NAKANISHI CITY OF LODI CITY HALL, 221 WEST PINE STREET P.O. BOX 3006 LODI, CALIFORNIA 95241-1910 (209) 333-6702 / FAX (209) 333-6807 www.lodi.gov i cIe k 1odi. v STEPHEN SCHWABAUER City Manager JENNIFER M. ROBISON City Clerk JANICE D. MAGDICH City Attorney NOTICE OF HEARING REARDING CITY OF LODI'S INTENT TO ADOPT A RESOLUTION OF NECESSITY TO ACQUIRE PROPERTY BY EMINENT DOMAIN (Code of Civil Procedure § 1245.235) Felix Costa & Sons Attention: Greg Costa 13160 N. West Lane Lodi, CA 95240 Re: Assessor's Parcel No. 058-110-47 The City of Lodi ("City") intends to consider the adoption of a Resolution of Necessity on August 6, 2014, that if adopted, will authorize the City to acquire the property described herein at Exhibit D by eminent domain in order to improve, realign, widen and grade separate Harney Lane over the existing UPRR tracks between South Stockton Street and South Hutchins Street. This is known as the Harney Lane/UPRR Grade Separation Project (the "Project"). State law, specifically, California Code of Civil Procedure §§1240.030 and 1245.230 provide that the power of eminent domain may be exercised to acquire property for a proposed project if the following conditions 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 good and least private injury. (c) The property sought to be acquired is necessary for the project. (d) The offer required by Government Code §7267.2 has been made to the owners of record, or the offer has not been made because the owner cannot be located. You are hereby notified that the City, at its City Council meeting on August 6, 2014 at 7:00 p.m. at the Carnegie Forum (southeast entrance, ground level), 305 W. Pine Street, Lodi, CA, 95240, will meet to decide if the above conditions are met concerning your property. If these conditions are met, the City will adopt a Resolution of Necessity as required by California Code of Civil Procedure §1245.220 for the commencement of :an eminent domain proceeding to acquire real property. Questions regarding the amount of compensation to. be paid are not part of this proceeding and the City does not consider such in determining who. ther a Resolutidn should be adopted. In accordance with Government Code §7267.2, the City sent you an Offer to Purchase, an appraisal summary statement, and an informational pamphlet detailing the process of eminent domain on or about February 20, 2014. Subsequently, the City provided you with a complete appraisal report. Copies of this Offer to Purchase (without the attachments) referred to in section "d" above, and the summary appraisal statement are attached hereto as Exhibits A and B respectively for your convenience. if you would like copies of the attachments to the February 201-44 Offer to Purchaseyou can contact John Almazan, Interwest Consultant Group at (916) 378-4695 or jalmazan@interwestgrp.com. Based upon negotiations between the patties, the City hereby makes another offer to purchase your property. A .copy of this July .2014 Offer to Purchase is attached hereto as Exhibit C. If the Resolution of Necessity is adopted, it authorizes the City to acquire the necessary permanent road easement, in addition to the necessary temporary construction easement over your property by eminent domain. The legal descriptions and maps of the required property are attached to this Notice as Exhibit D. The proposed public use is to improve, realign, widen,. and grade separate Harney Lane over the existing UPRR tracks between South Stockton Street and South Hutchins Street (the "Project"). This Project includes the construction of a new overcrossing with embankments over the UPRR tracks, utility relocations, storm drainage improvements, sound walls, traffic signal improvements at South Stockton Street and South Hutchins Street, and a new raised, landscaped median along Harney Lane. This Project also includes the widening of Harney Lane to four lanes betwe0n South Stockton Street and South Hutchins Street as identified in the City of Lodi General Plan. This Project will require the acquisition of certain easements by. eminent domain. Descriptions of these proposed easements, along with proposed deeds, are identified in the attached Exhibit E. The Project will widen Harney Lane to four lanes and reconstruct a crossing originally designed for a rural setting with a relatively low capacity to riow -accommodate vehicle tripe generating by existing., approved, and anticipated urban development within Lodi and -the region. The proposed Project will increase the flaw of traffic to accomplish the following three objectives: 1. Increase vehicular and pedestrian safety at UPRR crossing by eliminating the existing conflict point. This is consistent with one of the Regional Transportation Plan's objectives of "reducing the rate of automobile incidents at railroad crossings by 10°Iv by 2035". 2. Provide more efficient access to and from Highway 99 to serve the City of Lodi. 3. Correct existing and anticipated future traffic operational deficiencies to accommodate increased traffic dernand:generated by existing, approved, and planned growth in Lodi and'the region, cons€stont with.the City of Lodi General Plan, the San Joaquin County General Plarr and the 2011 Regional Transportation Plan prepared. by the San Joaquin Council of Governments (SJCOG). You have a right to appear and be heard by the City at its Council meeting on August 6, 2014. If you wish to be heard, you must file a written request to appear within 15 days from the mailing of this Notice, on or before July 29, 2014, in order to appear and object to the adoption of the Resolution. Failure to file a written request results in a waiver of your rights to appear and be heard and to later challenge the right of the City to take your property by eminent domain. Your written request to appear should include a statement of the conditions(s) that you feel are pertinent to your property. Objections are limited to the four conditions that may affect your property, which are set forth above as (a), (b), (c), and (d). By designating which condition forms the basis of your concerns and why, you will enable the City to have a full and expeditious review made of the Project's effect on your property. All requests to appear must be sent for filing to the City of Lodi c/o Jennifer Robison, City Clerk, Lodi City Clerk's Office: Mail: P.O. Box 3006, Lodi, CA 95241-1910 Hand delive .: 221 W. Pine Street, 2nd Floor, Lodi, CA, 95240 Fax: (209) 333-6807 E-mail: cityclerk@lodi.gov For your convenience, the City, will consider any written observations you may wish to submit, as long as such written observations are filed within the 15 -day period on or before July 29, 2014. Because the amount of.just compensation will not be discussed at the August 6, 2014 council meeting, your decision not to appear will not impact your right to challenge just compensation.. The City must adopt a Resolution of Necessity before an eminent domain proceeding can be commenced. In that proceeding, the Court will determine the amount of: compensation to. which; you are entitled. A copy of the proposed Resolution of Necessity will be available prior to the hearing,. upon your request, 'fdr inspection at the: City Clerk's Office at 221 W. Pine Street, 2nd Floor, Lodi, CA, 95240 after July 25, 2014. If you have any questions, please call Jennifer Robison, City Clerk, City Clerk's Office at (209) 333-6702. Date: July 14, 2014 By: - Ad4 STEPH N SCHWABAUER City Manager cc: Steven A. Herum, Herum/Crabtree/Suntag 5757 Pacific Avenue, Suite 222 Stockton, CA 95207 EXHIBIT A IHTBNWCST CON 5 U t 7111 C, GROUP February 20, 2014 Felix Costa & Sons Attention: Greg Costa 13160 N. West Lane Lodi, CA 95240 Re: Harney Lane/UPRR Grade Separation Project Site Address: 13160 N. West Lane San Joaquin County Assessor's Parcel Number: 058-110-47 ACQ #12-01-01 Offer to Purchase'Real Property Dear Mr. Costa: The City of Lodi ("City") desires to acquire a Road Easement and Temporary Construction Easement to improve the Harney Lane/UPRR Grade Separation Project (the "Project"). The purpose of the Project is to realign, widen, and grade separate Harney Lane over [tie existing UPRR tracks between South Stockton St and South Hutchins St_ The proposed work includes construction of a new overcrossing with embankments over the UPRR tracks. Additional work includes utility relocations, storm drainage improvements, sound walls, signal improvements at Hutchins St and Stockton St., and a new raised/landscaped median. This letter constitutes an offer to purchase easement interests in the above -referenced property in the amount of 167,000.00. The offer is based on an independent appraisal. To assist you in considering this offer, we have enclosed the following documents for your review: — Appraisal Summary Statement — Summary Statement Relating to the Purchase of Real Property or an Interest Therein — Title VI Survey — Agreement for Acquisition of Road, and Temporary Construction Easement Interests (3 originals) — Conveyance Documents (Road Easement Deed, and Temporary Construction Easement Deed) (1 original) — U.S. Internal Revenue Service Form W-9 "Request for Taxpayer Identification Number and Certification" (1 original) — Fidelity Title Company Preliminary Report (Title) as of July 24, 2013 (Title No. 5012653) concerning the subject property — Your Guide Through the Public Acquisition Process Pamphlet We are prepared to meet and discuss the offer with you at your convenience. The City has retained the services of Interwest Consulting Group to perform the negotiations on behalf of the 9300 \VESTSTOCi:zOw BOULLVARD I SUiTr 105 ® Ei_h Gizovi CAI ir-oRNIA 95758 TEL 016.683 3340 e r.A_x. 916.683.3375 0 ww\v inrcrwcstgrP.coln Felix Costa & Sons February 20, 2014 City, John Almazan will be your primary contact thM4gh0ut the acquisition process. Please feel free to contact him directly at (916) 378-4695. In.addition, City Public Works staff will continue to work with you throughout this process to answer questions and/or assist with coordination as needed. Once the Agreement has been signed, please return the following to John Almazan (Interwest Consulting Group) in the enclosed envelope: ■ 2 signed original Agreements for Acquisition of Road, and Temporary Construction Easement Interests; ■ 1 signed original Road Easement Deed, and Temporary Construction Easement Deed with the acknowledgement completed by a Notary Public; ■ 1 signed original Title VI Survey; and ■ 1 signed original U.S. Internal Revenue Service Form W-9 After the pr ecutiao of the Agreement for Acquisition by the City, we V411 deposit tl� ;dscuments and purchase funds into escrow for ciasino, including re_eordirig of the conveyance document and issuance of purchase nomas. The cloying will behandled by Fidelity Title Company under Escrow 1150128..93 with Escrow O t er POV AWIS at Fidelity. Title Company offies at 8850 Cal Center Drive, Building 3, Suite 100, in Sacramento, CA 95826; (916) 364-4070. Also encl#sea is an informational partiphlet entitled, "Your Guide ThfOLigh the Public Acquisition Process Pwnphlet," which is intended to provide .a6siwers to cofmohl[Y asked questions surrounding the public land acquisition process and the property owners' rights under the Eminent Domain Law. Please none thM you are eltgil lO.. to.. reeieive reimbursement of up to $5.;.000 for the reasonable costs associated With retairiing the servroes of a qualified real estate a,pprbrser, flea tsed by the elate Office of Real .Estate, fippraisers;, t4prepare an appraisal report for th€e same prerpertY rights for which tills offer s be ng made. Proof of the lncurrod oust and, app qualift tains is required prior to reimbursement. Please see Section #5 in the attached "Summary Statement Relating to Purchase of Real Property or an Interest Therein" for additional information regarding this option. Thank you for your consideration. If you have any questions, please contact me as shown below. Sin -.rely, John Almazan Real Estate Services Enclosures 9300 \VFSTSTOCKTON BOUI.FVARD I SUITE 105 e El K GROVE, CALIFORNIA 95758 Tei_: 916.683,3340 0 FAX. 916,683.3375 ® �an�nv.intciwcstgrp.com EXHIBITB. CITY OF LODI SUMMARY STATEMENT RELATING TO THE PURCHASE OF REAL PROPERTY OR AN INTEREST THEREIN The City of Lodi (City) is proposing to purchase real property or interests therein, and related improvements and appurtenances, in connection with the Harney Lane/UPRR Grade Separation Project (Project). Your property located at 13160 N. West Lane in Lodi, CA, is within the project area, and is also identified by the San Joaquin City Assessor as Parcel Nos. 058-110-47. 'rifle III of the Uniform Relocation Assistance and heal Property Acquisition Policies Act of 1970 (42 United States Code, Chapter 61, Section 4601, et seq.) and the Cal•ifomia Department of 1 -sousing and Community Development Relocation Assistance and Real Property Acquisition Guidelines (Title 25, Citiifornia Cade of Regulations, Chapter 6,.Subchapter 1, Articles 1-6, Section 6000, ct seq.) require that each owner or tenant front whom the City purchases real property or an interest therein be provided with at a minimum, a summary of the appraisal of the real property or interest therein, as well as the following infurmatian: I . You are entitled to receive Full paymcnt prior to vacating the real property being purchased unless )Fou have heretofore waived such entitlemeiti. You are not required to pay recording rues, transfer taxes, or the pro rata portion of real property taxes -hick are allocable to any period subsequent to the passage 01'60e or possession. 2. The City will offer to purchase any remnant(s) considered by the City to be an uneconomic unit(s) which is/are owned by you or, if applicable, occupied by you as a tenant and which is/are contiguous to the land being conveyed. 3. All buildings, structures and outer improvements affixed to the land described in the referenced document(s) covering this transaction and owned by the grantor(s) herein or, if applicable, owned by you as a tenant, are being conveyed unless other dispusltiott of these improvements has been made. 'I'Ite interests being acquired are: Road Easement of 1.91 acres (a portion of the subject property) on 058-110-47 and a Temporary Construction Easement of 0.58 acre (a portion of the subject property) on 058-110-47. The property rights being purchased is described in the attached Agreement. 4. The market value of the property being purchased is based upon a market value valuation which is $157,000.00 as summarized on the attached Appraisal Summary Statement and such amount: a. Represents the full amount of the appraisal ofjust compensation for the property proposed to be purchased; b. Is not less than the approved appraisal of the fair market value of the property as improved; c. Disregards any decrease or increase in the fair market value of the real property to be acquired prior to the date of valuation caused by the public improvement Ior which the property is lCf be acquired or by the likelihood that the property would be acquired for such public improvement, other than that due to physical deterioration within the reasonable control of the owner or occupant: and d. Docs not reflect anv consideration of or allowance for any relocation assistance and payments or other benefits which the owner or tenant may be entitled to receive under an agreement with the City. 5. Pursuant to the Cafil'orttia Code ol'Civil Procedure, Section 1263.025, should you elect to obtain an independent aRlaraisal, the City will pay for the actual reasonable costs of said appraisal up to Five Thousand Dollars ($5.000) subject to the fullowing conditions: a. You, not the City, must order the appraisal. Should you enter into a contract with the selected appraiser; the City will not be a party to the contract; b The selected appraiser must be licensed with the California Office of Real Estate Appraisers (OREA), and said license must be in good standing; 0 -,Way- t CITY OF LODI SUMMARY STATEMENT RELATING TO THE PURCHASE OF REAL PROPERTY OR AN INTEREST THEREIN c. Appraisal cost reimbursement requests must be made in writing, and submitted to the City at the following address: Attn: City of Lodi Attn: Public Works Director 221 West Pine Street Lodi, CA 95240 within ninety (90) days of the earliest of the following dates: (1) The date the selected appraiser requests payment from you for the appraisal; or (2) The date upon which you, or someone on your behalf, remitted full payment to the selected appraiser for the appraisal. d. If the Property is owned jointly or in common by more than one person, City shall only be required to provide reimbursement to the first of such owners to make application For reimbursement. e. Owner shall be solely liable for the payment of all costs associated with the appraisal in excess of Five Thousand Dollars ($5,000), and shall hold City harmless from any claim for such costs. f Gupies of .tiie conte nct Wween the. Qwreer. artd his appraiser •(if ter contrast .N . mWOX appraisal yCpprt, r't4e co0pIaed work by, the appraiser,:and prcof.cdpaymcnt if:s a s;mua—be prcivided to. tete City concurrent with the sttbro.is9ia11 orlho appraisal :eflst CeilfibUyserix+cxi}.regt►est, The casts musUbe reasonable and justifiable. 6. The owner arta business conduced on a property to ter?: aeg4ii'ed, of coeiditi[tiCii p.p the'rernaiiii0g property which refill be..aflected by the purchase of ;tie requilytsd pi 7erty, nmy be .enttiled to: vompensation rdr .the. liiss. of g : fiviil, Entkitoeitt is contingent upon the owner and/or lessee's ability ter..lirov6 suph lots ire ggordance with the provisions of Sections 1263.510 and 1263.520 of the Code of Civi I Procedure. 7: If you ultimately elect to reject the City's offer for your property, you are entitled to have the amount of compensation determined by a court of law in accordance with the laws of the State of California. 8, You are entitled to t eeive all benefits that are available through donation to the City :of all or part of' your interest in the real property sought to be acquired by the City as set out in Streets and High"ys Code Sections 104.2 and 104.12. 20-,1vfay-11 EXHIBIT C EXHIBIT C CITY OF LODI OFFER TO PURCHASE EASEMENT INTERESTS IN LAND This Offer is made this 14th day of July 2014, by the City Lodi ("City")pursuant to California Government Code Section 7267.2(a) to: Felix Costa & Sons Attention: Greg Costa 13160 N. West Lane Lodi, CA 95240 APN: 058-110-47 The City offers to acquire a permanent road easement and temporary construction easement over real property located in San Joaquin County at 13160 North West Lane in Lodi, and commonly referred to as Assessor Parcel Number 058-110-47. The City initialed proposed payment of just compensation in the amount of $157,000.00 as detailed in the Offer to Purchase sent on February 20, 2014. The City's detailed written statement of valuation was attached to the February 20th offer, as required by to California Govermnent Code Section 7267.2(b). After negotiations with the property owner, the City now hereby offers payment of just compensation in the amount of $188,400.00 for the purchase of the easements more particularly described in Exhibit D attached to this packet and incorporated herein. The terms and conditions of the City's offer to acquire the easements are set forth in the Easement Agreements/Deeds attached to this packet as Exhibit E and incorporated herein. Pursuant to California Code of Civil Procedures §1263.025, the City offers to pay the reasonable costs, not to exceed five thousand dollars ($5,000.00), of an independent appraisal which may be ordered by you. if you choose to obtain an independent appraisal, it must be conducted by an appraiser licensed by the Office of Real Estate Appraisers. Acceptance of this offer is conditioned upon final action by the Lodi City Council. If you have any questions, please contact John Almazan, Interwest Consultant Group at (916) 378-4695 or alniacara(t,intenvcst grp.com. Steph6n Schwabauer City of Lodi City Manager Acceptance of Offer; Felix Costa & Sons Landowner 1122173 1 1 1233-03 7 INTlRW891 CO IISULT1116 0k0UP June 20, 2014 Felix Costa & Sons Attention: Greg Costa 13160 N. West Lane Lodi, CA 95240 Re: Harney Lane/UPRR Grade Separation Project Site Address: 13160 N. West Lane San Joaquin County Assessor's Parcel Number: 058-110-47 ACID #12-01-01 Counter Offer to Purchase Real Property Dear Mr. Costa: On February 20, 2014, the City of Lodi ("City") made an offer to purchase easement interests in the above -referenced property in the amount of $157,000.00. The offer was based on an independent appraisal report. On June 5, 2014, the City received the independent appraisal report prepared for you by Mr. Garry C. Duncan. The determined amount for Just Compensation was $421,400. Please note that you are eligible to receive reimbursement of up to $5,000 for the reasonable costs associated with retaining the services of a qualified real estate appraiser. However, the appraiser must be licensed by the State of California Office of Real Estate Appraisers, Mr. Duncan is not licensed by the State. Proof of the incurred cost and appraiser's qualifications is required prior to reimbursement. Please see Section #5 in the "Summary Statement Relating to Purchase of Real Property or an Interest Therein" in your offer package for additional information. Further, no comparable sales were used to support the market value. Notwithstanding the aforementioned, the City's goal is to provide fair and equitable treatment in acquiring the property rights through negotiation. As a result, the City is hereby offering a counter in the amount of 11AP,400.00 for the necessary easement interests. The agreement and settlement are subject to City Council approval. Thank you for your consideration below. Si cerely, John F Almazan Real Estate Services If you have any questions, please contact me as shown 9300 VVFST STOCKIOi\' BOULFVARD I SUITF 105 a ELI< GROVE, CALIFORNIA 95758 TEL. 916.378.4695 ® 916375.4695 ®«��`j.intcr��estgrp.com EXHIBIT D Exhibit "A" Legal Description BA U M BAC H & P IAZZAlr v INC. La321 W, Lim Street kdt, OA 95240.2003 Phone (209) 348-66ia CIVIL ENC31NEERS • LAND SURVEYORS Fax 1409) 188.6eto www,bpenglneers,net Exhibit "A" A portion of the Northwest Quarter of Section 24, To-wnship 3 North, Range 6 East, Mount Diablo Base and Meridian, being more particularly described as follows. Beginning at a Point 54,00 Feet Southerly and 50.00 feet Easterly of the northwest corner- of Sectian 24., Township 3 North, Range 6 East, Mount Diablo Sase and Mendian, .said point being the Southwest carnet' of the Street Easement Deed described in San Joaquin County Recorder's Insb-ument No. 98150867; thence along the south line of said Street Easement Deed, North 83000"59" East, 1135.77' to the West line of the 400 foot Congressional right-of-wray of the Central Pacific Rail%vay Company; thence Southerly on a cout-se South 3°44'59" West and along said West line of r-i:ght-oF-way, 127.97 feet; therice North 3'9040'16" West, 10€ ,55 feet; thence North 86004'59" West, 247.73 feet; thence South 89059`43" West, 212.17 feet; thence Noith 8b004'59" `Nest, 127.66 feet; thence North, 11,89 feet; thence Noith SBO34'26" West, 65.74 feet; thence North 44037'08" West, 48AG feet; thence North 39°05'00" West, 312.27 feet; thence South 45'°18'20"'Nest, 26,82 feet to the East line of Hutchins Street; thence Northefly on a course North 0019`20`° West, 27,70 feet along said East lime to the True Point of Beginning. C4 ' V X769 0 t�J�L�13 ;��,aro)ectr'�2 C1i 1}LSb2a4¢�'iLo.•ra ice r_.Yr�n.dec �1R •'mil,,:: �. _ :-.. .. .: I .�' � s - �� .s 3. .;i..: 4 ; i�, +.ii :r;='sil.-?: ''�f � • . .s:: .y.M1 :'r�� ; s/U?�.�i�,l: •*S ASF' ,:< ,y;},•,�. LU SITE • 1C, ti �� t Fr tial ISM rifi�Irii►�Fr: :':kms ' r�•�.,�W;� � y�y�s�.;�f .. s 1•'.-;'•---.1�5 r' :st �f �{St1e.. 4 �..; jj.�1•'A"����1 1:5�•:-Y. "�t� .::j: rv�'II •: �Y..�.. � •-.- �s� "(. ..:5 �..-•: -; `7�.. wry �'iYi[ � �t-'7::i�"� '•i��� _ a' ,. r 1a.-a.r��".•• Exhibit "A" Legal Description BAUM13ACH & PIAZZA, 'N C. Lvd312,10AW46,240-201013 Phan* IM) 303-6911 CIV[L ENGINEERS* LAND SURVEYORS Fax t2001 3604510 Yewvv bPoriolne.ors, riot Exhibit "A" A portion of 0,,e Northoest Quarter c( Sect<Ory 24, Township 3 North, kange 6 East, Mouat Diablo eaie amd Merlaidni t-'eir'v) rmre parjicuiariV dtiscribed Irrs follows. - a, a tint 54.00 rftt 50wherly and 50.00 fM'. EMtelli 04'tht 110111w%t c0im Of tG:liC)i124, Tr; eem S h i p 3. N ot t h, pa ng o 'aid 0611 i 9 6 Eag, Koijrt Diablo Baw a0d 401-idian, (S t tv 11 c0mor,01' thtj Str,",( Tawieemt De&J 040criW 415410 )W111,00 COO(Nty Rt�cord@r`s FN0 9615QO67, 9*6ce $OuMerly. oil a 00(jr$,e Si&t ac, ta'20' West, 27,70 feet ah ng Vie. East kne-� of HLAcftM ,;tree( to the Tmle Point of U-9illfting,' thefX,� C.cwnt.-nve atom ,aid East lire, South 00118'20' East. 15,72 feet, thence North 89"41'40' East, I519 feet; thence firth a5°16'217'` EP 0 fit; theince Souti East, 17.57 feet; dience 15"-Ul 819�5'M" East, 294, 2 f 44037",08' East, 48.75 feet; ffience South 88*34"26' East., 53.16 feet; therm, South, t0,,97 feet; theme South 861104'59' East, 148.96 feet; thence North 89159'43' East, 21.2.1?feet;thence SaKit. 86'1'134'SV East, 247 67 feet; thence. 5outh 89040'16" East, 107,92 fit to tt)e West 100 of the 400 foot Congressima, r�ghvof—my of the Central pacific Rn4way Company; thence Northerly Gat a course North 31144'59" East and along said lfi�-t line of nqht-of-vfavj 22,04 feet; thr-oct* h�a-th 89040'16" V1Ie,,St, 108.55 feet;. 0twe North 86004115' W,�st, 24733 f6a; themep- Swt*, 89059'43' VV(!!A, 2i2A7 Feet-' thenct North R6'104';-9' Wet( >27,66 feet'- thomep- North, 1, 89 re_,et., Pjonh 8513,t,26, yvet, tr5.74 feeitr- thence Noan 44037'08' WeM, 48,86 fftt; there m t0dh 891'105100'r Vest, 312,27 feet, thence SoUtIn 45*18-2-8'` -West, 26,62 feet to ft True Point of B091ming.. Oil 'q yPrqiomli2a I V, I L U i "(14)"CCVA 'cc d": k` Exhibit "B" Plat Map EXHIBIT E NO FEE DOCUMENT Government Code '61 03 8, '27383 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Clerk CITY OF LODI 221 West Pine Street Lodi, CA 95240 OK to Accept' Date Project Name: Harney Lane/UPRR Grade Separation Project Address 13160 N West Lane, Lodi APN: 058-110-07 Project No :12-01-01 Title Order No 12-5012653 Escrow No 12-5012653 THIS TRANSACTION IS EXEMPT FROM CALIFORNIA DOCUMENTARY TRANSFER TAX PURSUANT TO SECTION 11922 OF THE CALIFORNIA REVENUE AND TAXATION CODE, THIS DOCUMENT IS EXEMPT FROM RECORDING FEES PURSUANT TO SECTIONS 6103 and 27383 OF THE CALIFORNIA GOVERNMENT CODE ROAD EASEMENT DEED FOR VALUABLE CONSIDERATION, receipt and sufficiency of which is hereby acknowledged, F & L COSTA FAMILY L.P., a California limited partnership ("GRANTOR"), hereby grants to the CITY OF LODI, a municipal corporation of the State of California, ("GIIANTL.E"), an easement for road purposes and incidentals thereto, including utility rights, over, on, under and across all that real property situated in the City of Lodi, County of San Joaquin, State of California, described as follows: See Exhibit "A", legal description, and Exhibit "B", plat to accompany legal description, attached hereto and made a part hereof. The property is for Public Street and Highway purposes to be known as Harney Lane. Executed this day of ) ZO GRANTOR: F & L COSTA FAMILY L.P., a California limited partnership Printed: Printed: Title: Title: Exhibit "A" Legal Description BAU M BAC H & P l"ZA,� 'PJC' Lo4k CA SPW. ssan 2005 Phone J2091 36846is CIVIL ENGINEERS • LAND SURVEYORS pa= 12061 3sa-6640 www,bpengIneemnet Exhibit "A" A portion of the Northwest Quarter- of Section 24, Township 3 North, Range 6 East, Mount Diablo Base and Meridian, being more particulariy described as foiloves: Beainnina at a point 54,00 feet Southerly and 50,00 feet Easterly of the northwest cornea- of Section 24, Township 3 North, Range 6 East, Mount Diablo Base and Meridian, said paint being the Southvrest corner of the Street Easement Deed described in San Joaquin County Recorder's Instrument No. 93150367; thence along the south line of said Street Easement Deed, Horth 33°00'59" East, 1135,77' to the West line of the 400 foot Congressional right-of-way of the Central Pacific Railway Company; thence Southerly on a course South 3044'59" West and along said 'gest line of right-of-way, 1.27.97 feet; thence North 3'9040'16' West, 103.55 feet; thence North 86;004'.59'° West, 247,73 feet; thence South II9059'43' West, 212.17 feet; thence North 36'04'59" West, 127,6E feet; thence North, 11,69 feet; thence North 8B134'26' West, 65,74 feet; thence North 44037'03" .rarest, 43.36 feet; thence North 69105'O0" West, 312.27 feet; thence South 45°13'20"'Alest, 26,82 feet to the East line of Hutchins Street; thence Northerly on a course North 0°13'20" West, 27.70 feet along said East fine to the Tare paint of Beginning. ' 1w�I3f2013 a:),Project5VtJ S 1`V11021%dDe,Cosla Dedr..atnn.dic Ell 4. r rr: z i SrTE L M. � .�3+•g�. : C: '�- Vic. �. ":+� ~;fir ::.. �• ;�-.�';, z" ..tt lRiTMINS AMMY MM NJ? *40 Sca rL"" _ ` ,fes; �r '`•, f ,4$Pf:� 2.:rc .i�. _ • �k� _� !! • d� f �i•cif='r '.�. ,{G � ;i,•��.��-{ '�-,i�• �•' ;,r'--� Li JL ME TZ t � •F�S e fir+�1�•y�� _ _ ... �+;� �, ���'- _ "''' y-. � .•';i: s Vii: [. - i. �'iE:'s •`i-: r'% �: :�"� �' - •= - �-_�::i,': R • • l rye_ ► of rk: i.� +i:�� ■ NO FEE DOCUMENT Gtvernmeni Cade 46103 & '27383 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Clerk CITY OF LODI 221 West Pine Street Lodi, CA 95240 The Above Space For Recorder's Use Only OK to Accept: Project Name: Harney Lane/UPRR Grade Separation Project Date: Address: 13160 N. West Lane, Lodi APN: 058-110-47 Project No.: 12-01-01 Title Order No. 12-5012653 Escrow No. 12-5012653 THIS TRANSACTION IS EXEMPT FROM CALIFORNIA DOCUMENTARY TRANSFER TAX PURSUANT TO SECTION 11922 OF THE CALIFORNIA REVENUE AND TAXATION CODE. THIS DOCUMENT IS EXEMPT FROM RECORDING FEES PURSUANT TO SECTIONS 6103 and 27383 OF THE CALIFORNIA GOVERNMENT CODE TEMPORARY CONSTRUCTION EASEMENT FOR VALUABLE CONSIDERATION, receipt and sufficiency of which is hereby acknowledged, F & L COSTA FAMILY L.P., a California limited partnership ("GRANTORS"), hereby Grant(s) to the CITY OF LODI, a municipal corporation of the State of California ("GRANTEE"), a TEMPORARY CONSTRUCTION EASEMENT (" EASl:ME:NT"), for the purpose of public use, inclusive of ingress and egress, including construction, reconstruction, installation, improvement, repair, inspection, expansion, and maintenance of public right-of-ways, highways, roadways, services, utilities, landscape improvements, and necessary appurtenances thereto, on, over, and under Grantor's Property, (including the right to re -grade the underlying property to conform to the grade of the adjacent street) located in the City of Lodi, State of California, described as follows: See Exhibit A, legal description, and Exhibit B, plat to accompany legal description, attached hereto and made a part hereof. Easement shall become effective on the date the Grantee issues notice to proceed to the contractor for construction of the Harney Lane/UPRR Grade Separation Project ("PROJECT") and shall terminate two years from the date the Grantee issues notice to proceed to the contractor for construction the Project. Upon the termination of this Easement, Grantee shall record a Notice of Termination of Temporary Construction Easement releasing all Grantee's right, title and interest in and to this Easement, no later than 60 days following completion of.construction of the Project. Executed this day of 120 GRANTORS: F & L COSTA FAMILY L.P., a California limited partnership By" — Printedr By: — Printed:. Title: Title: Exhibit "A" Legal Description BAI M13A H & PIAZZA, ' NC' �,�: o►wi, Bio �oaI CIVIL ENGINEERS & LAND SURVEYORS pReew (20#1 3511.661Y K,x tZoey s111a•sE,o vrvdw. b fr©ri fpl ne.orS.rlAt Exhibit "A" A portion cf the Norlhwest Quarter of SECton 24, Yoewnshlp 3 North, Range r East, Mount Diablo Base aricf Meridian, twainq more raarticu4rly dascritod yrs follOws. ��jiTiITtl l'IClrga g a point 54.00 ftWt 5<11.11FS�rly E�as1e1'iy of if1e MQstllwest corner p:f S tion 74, To nOl p 3 North, Rar,(je 6 East, Mout C'1WO 5a" dt'd MtriQi�'ni Ali'! 011t I�iHI� t1tr3 5out11wb st cvr, r of tllrf Srr(f Gtl►d Lj46Cr.q,4ed in Sari 7odg4rwn Cwnty Remr)der''s Instrun'eM No 96159867, trwcis 5mtP6r1y On 4 clowse; Spietft Q€ aIW201"'Ne:t., 27,70 lfeF,I alang Me EaM Ione of Hutchins t, Mel True: Point of EoginniPtig; therloce C&nt nue ak)N said East line, i`uO LTJ°38'20' East, 15.72 feet; thence Nortti =8964 '41'," East, 15 '.5 fret; thence 4niih �u 18'2CI' r:�st, 17.D fit; :hence 5autn 814N -a i":7' `cak", 2�4 02 ie .t, tre'n mouth 44137`08" East, 46.75 feet; thence aouth 88"34"26" East, 53.161 feel; thence South, tO.97 frit; thence South 36°04'55" East, 148.915 feet; 0-ience fkoith 89055'43" �es,t, 2 2"17 fit; thence Borth 86104'59" Easx,, 247.67 feet; thefrce South 09040 16" Emt, 107,92 feet to the West Iwie of the 400 foot Congregs= t r&lht-&-•ovay of the Central Pacftc R� immy Company, bhel-ce Northerly on a Course Wo-th 3044159" East and along said yvest hw�e of nght 0f-veay, 22.04 fee; therICA North 891,40'15" wc-jt, 108,55 fe8r. t"i"me gorth 66,3x04.'59" 9riost, 247173 FW; thence South 89'55'43" West, .212.17 feet; dienee North 86"0459 Vic", 121.66 feet; thtmce North, I t,89 feet.zhenCt PJor h 89a34'd6" ` eg, 65.74 feet', tisenCti *a`311n 44"`37'Ci13" kYtS„ 48,86 (L`L•t; t:hcoce NMn 15,91105'W 'WeSt, 312.27 feat; ttitnCe Saiitfi 4501$'20' West, 26,,2 feet to tht TKU$ '4ji,st ot gCp,r,.rking_ is I i:�...':+1x^Ccr:a Ti c dx Exhibit "B" Plat Map b14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DECLARATION OF SERVICE BY MAIL (CCP 1013a, 2015.5) I am a citizen of the United States, over the age of 18 years, and not a party to or interested i this action. I am an employee of the City of Lodi and my business address is 221 West Pine Street, Lodi, California 95241-1910. On this date, I served the following document: Cover Letter dated July 14, 2014 re: Notice of Intent to Adopt Resolution of Necessity on August 6, 2014; and Notice of Hearing Regarding City of Lodi's Intent to Adopt a Resolution of Necessity to Acquire Property by Eminent Domain (Code of Civil Procedure §1245.235) with attached Exhibits ® by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid, in the United States Post Office mail at Lodi, California, addressed as set forth below. ❑ by personally delivering, or causing to be delivered a true copy thereof to the person and the address set forth below. ❑ by causing a true copy thereof to be delivered to the party or parties at then address(es) listed below, by and\or through the services of: ❑ Federal Express ❑ Express Mail ❑ FAX (Followed by First Class Mail) Felix Costa & Sons Steven A. Herum, Herum/Crabtree/Suntag Attention: Greg Costa 5757 Pacific Avenue, Suite 222 13160 N. West Lane Stockton, CA 95207 Lodi, CA 95240 I declare under penalty of perjury that the foregoing is true and correct and this declaration was executed at Lodi, California on— "'J n"/ r` Peggy-! i4 lini PROOF OF SERVICE CITY COUNCIL PHIL KATZAKIAN, Mayor LARRY D HANSEN, Mayor Pro Tempore BOBJOHNSON JOANNE MOUNCE ALAN NAKANISHI CITY OF LODI Gary and Diane Tsutsumi Gary and Diane Tsutsumi CITY HALL, 221 WEST PINE STREET P.0 BOX 3006 LODI, CALIFORNIA 95241-1910 (209) 333-6702 / FAX (209) 333-6807 www Jodigov cjlyclerk@lodi.gov July 14, 2014 STEPHEN SCHWABAUER City Manager Re: City of Lodi's Acquisition of Easement in APN 058-130-24, 120 East Harney Lane, Lodi, CA Notice of Intent to Adopt Resolution of Necessity on August 6, 2014 Dear Mr. and Mrs. Tsutsumi: JENNIFER M ROBISON City Clerk JANICE D. MAGDICH City Attorney The law provides procedures for public agencies to acquire interests in private property when needed for public use. These laws require that an agency that intends to acquire an interest in real property must notify the owners of that property of its intention to condemn. This notice is being provided to you because your name appears on the last equalized county assessment roll notice as an owner of San Joaquin County Assessor's Parcel number 058-130-24. The purpose of the attached Notice of Intent is to advise you that acquisition of the property will be sought by the City of Lodi ("City") through judicial process if an amicable agreement is not reached. The attached Notice of Intent gives you an opportunity to appear before the City and raise questions concerning the public interest, necessity, and location of the project as it affects your property. If the Resolution is adopted, the City has the authority to file an eminent domain action in the Superior Court. If you desire to have a hearing on this issue before the City you must provide the City with a written request to appear and be heard on or before 5 p.m. on July 29, 2014, as described in the attached notice. Very truly yours, f x:Ir•Cl r[Y- STEPHENSCHWABAUER City Manager cc: Steven A. Herum, Herum/Crabtree/Suntag 5757 Pacific Avenue, Suite 222 Stockton, CA 95207 CITY COUNCIL PHIL KATZAKIAN, Mayor LARRY D. HANSEN, Mayor Pro Tempore BOB JOHNSON JOANNE MOUNCE ALAN NAKANISHI CITY OF LODI CITY HALL, 221 WEST PINE STREET P.O. BOX 3006 LODI. CALIFORNIA 95241-1910 (209) 333-6702 1 FAX (209) 333-6807 w w.l+n o&cLov. r. yclerMia:di.,go.v STEPHEN SCHWABAUER City Manager JENNIFER M. ROBISON City Clerk JANICE D. MAGDICH City Attorney NOTICE OF HEARING REARDING CITY OF LODI'S INTENT TO ADOPT A RESOLUTION OF NECESSITY TO ACQUIRE PROPERTY BY EMINENT DOMAIN (Code of Civil Procedure §1245.235) Gary and Diane Tsutsumi 3725 E. Armstrong Road Lodi, CA 95240 Gary and Diane Tsutsumi 120 East Harney Lane Lodi, CA 95242 Re: Assessor's Parcel No. 058-130-24 The City of Lodi ("City") intends to consider the adoption of a Resolution of Necessity on August 6, 2014, that if adopted, will authorize the City to acquire the property described herein at Exhibit D by eminent domain in order to improve, realign, widen and grade separate Harney Lane over the existing UPRR tracks between South Stockton Street and South Hutchins Street. This is known as the Harney Lane/UPRR Grade Separation Project (the "Project"). State law, specifically, California Code of Civil Procedure §§1240.030 and 1245.230 provide that the power of eminent domain may be exercised to acquire property for a proposed project if the following conditions 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 good and least private injury. (c) The property sought to be acquired is necessary for the project. (d) The offer required by Government Code §7267.2 has been made to the owners of record, or the offer has not been made because the owner cannot be located. You are hereby notified that the City, at its City Council meeting on August 6, 2014 at 7:00 p.m. at the Carnegie Forum (southeast entrance, ground level), 305 W. Pine Street, Lodi, CA, 95240, will meet to decide if the above conditions are met concerning your property. If these conditions are met, the City will adopt a Resolution of Necessity as required by California Code of Civil Procedure §1245.220 for the commencement of an eminent domain proceeding to acquire real property. Questions regarding the amount of compensation to.. be-,paid.are not part of this proceeding and the City does not consider such in determining whether a Resolution should be adopted. In accordance with Government Code §7267.2, the City sent you an Offer to Purchase, an appraisal summary statement, and an informational pamphlet detailing the process of eminent domain on or about February 20, 2014. Subsequently, the City provided you with a complete appraisal report. Copies of the February 2014 Offer to Purchase (without the attachments) referred to in section "d" above, and the summary appraisal statement are attached hereto as Exhibits A and B respectively for your convenience. If you would like copies of the attachments to the February 2014 Offer to Purchase you can contact John Almazan, Interwest Consultant Group at (916) 378-4695 or jalmazan@interwestgrp.com. Based upon negotiations between the parties, the City hereby makes another offer to purchase your property. A copy of this July 2014 Offer to Purchase is attached hereto as Exhibit C. If the Resolution of Necessity is adopted, it authorizes the City to acquire the necessary permanent road easement, in addition to the necessary temporary construction easement over your property by eminent domain. The legal descriptions and maps of the required property are attached to this Notice as Exhibit D. The proposed public use is to improve, realign, widen, and grade separate Harney Lane over the existing UPRR tracks between South Stockton Street and South Hutchins Street (the "Project"). This Project includes the construction of a new overcrossing with embankments over the UPRR tracks, utility relocations, storm drainage improvements, sound walls, traffic signal improvements at South Stockton Street and South Hutchins Street, and a new raised, landscaped median along Harney Lane. This Project also includes the widening of Harney Lane to four lanes between South Stockton Street and South Hutchins Street as identified in the City of Lodi General Plan. This Project will require the acquisition of certain permanent and temporary easements by eminent domain. Descriptions of these proposed easements, along with proposed deeds, are identified in the attached Exhibit E. The Project will widen Harney Lane to four lanes and reconstruct a crossing originally designed for a rural setting with a relatively low capacity to now accommodate vehicle trips generating by existing, approved, and anticipated urban development within Lodi and the region. The proposed Project will increase the flow of traffic to accomplish the following three objectives: 1. Increase vehicular and pedestrian safety at UPRR crossing by eliminating the existing conflict point. This is consistent with one of the Regional Transportation Plan's objectives of "reducing the rate of automobile incidents at railroad crossings by 10% by 2035". 2. Provide more efficient access to and from Highway 99 to serve the City of Lodi. 3. Correct existing and anticipated future traffic operational deficiencies to accommodate increased traffic demand generated by existing, approved, and planned growth in Lodi and the region, consistent with the City of Lodi General Plan, the San Joaquin County General Plan and the 2011 Regional Transportation Plan prepared by the San Joaquin Council of Governments (SJCOG). You have a right to appear and be heard by the City at its Council meeting on August 6, 2014. If you wish to be heard, you must file a written request to appear within 15 days from the mailing of this Notice, on or before July 29, 2014, in order to appear and object to the adoption of the Resolution. Failure to file a written request results in a waiver of your rights to appear and be heard and to later challenge the right of the City to take your property by eminent domain. Your written request to appear should include a statement of the conditions(s) that you feel are pertinent to your property. Objections are limited to the four conditions that may affect your property, which are set forth above as (a), (b), (c), and (d). By designating which condition forms the basis of your concerns and why, you will enable the City to have a full and expeditious review made of the Project's effect on your property. All requests to appear must be sent for filing to the City of Lodi c/o Jennifer Robison, City Clerk, Lodi City Clerk's Office: Mail: P.O. Box 3006, Lodi, CA 95241-1910 Hand delivery: 221 W. Pine Street, 2nd Floor, Lodi, CA, 95240 Fax: (209) 333-6807 E-mail: cityclerk@lodi.gov For your convenience, the City, will consider any written observations you may wish to submit, as long as such written observations are filed within the 15 -day period on or before July 29, 2014. Because the amount of just compensation will not be discussed at the August 6, 2014 council meeting, your decision not to appear will not impact your right to challenge just compensation. The City must adopt a Resolution of Necessity before an eminent domain proceeding can be commenced. In that proceeding, the Court will determine the amount of compensation to which you are entitled. A copy of the proposed Resolution of Necessity will be available prior to the hearing, upon your request, for inspection at the City Clerk's Office at 221 W. Pine Street, 2nd Floor, Lodi, CA, 95240 after July 25, 2014. If you have any questions, please call Jennifer Robison, City Clerk, City Clerk's Office at (209) 333-6702. Date: July 14, 2014 Stephen Schwabauer, City Manager cc: Steven A. Herum, Herum/Crabtree/Suntag 5757 Pacific Avenue, Suite 222 Stockton, CA 95207 CITY COUNCIL PHIL KATZAKIAN, Mayor LARRY D HANSEN, Mayor Pro Tempore BOBJOHNSON JOANNE MOUNCE ALAN NAKANISHI CITY OF LODI CITY HALL, 221 WEST PINE STREET P 0 BOX 3006 LODI, CALIFORNIA 95241-1910 (209) 333-6702 / FAX (209) 333-6807 www.lodi. ov cit clerk Jodi aov STEPHEN SCHWABAUER City Manager JENNIFER M ROBISON City Clerk JANICE D. MAGDICH City Attorney NOTICE OF HEARING REARDING CITY OF LODI'S INTENT TO ADOPT A RESOLUTION OF NECESSITY TO ACQUIRE PROPERTY BY EMINENT DOMAIN (Code of Civil Procedure §1245.235) Gary and Diane Tsutsumi 3725 E. Armstrong Road Lodi, CA 95240 Gary and Diane Tsutsumi 120 East Harney Lane Lodi, CA 95242 Re: Assessor's Parcel No. 058-130-24 The City of Lodi ("City") intends to consider the adoption of a Resolution of Necessity on August 6, 2014, that if adopted, will authorize the City to acquire the property described herein at Exhibit D by eminent domain in order to improve, realign, widen and grade separate Harney Lane over the existing UPRR tracks between South Stockton Street and South Hutchins Street. This is known as the Harney Lane/UPRR Grade Separation Project (the "Project"). State law, specifically, California Code of Civil Procedure §§1240.030 and 1245.230 provide that the power of eminent domain may be exercised to acquire property for a proposed project if the following conditions 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 good and least private injury. (c) The property sought to be acquired is necessary for the project. (d) The offer required by Government Code §7267.2 has been made to the owners of record, or the offer has not been made because the owner cannot be located. You are hereby notified that the City, at its City Council meeting on August 6, 2014 at 7:00 p.m, at the Carnegie Forum (southeast entrance, ground level), 305 W. Pine Street, Lodi, CA, 95240, will meet to decide if the above conditions are met concerning your property. If these conditions are met, the City will adopt a Resolution of Necessity as required by California Code of Civil Procedure §1245.220 for the commencement of an eminent domain proceeding to acquire real property. Questions regarding the amount of compensation to be paid are not part of this proceeding and the City does not consider such in determining whether a Resolution should be adopted. In accordance with Government Code §7267.2, the City sent you an Offer to Purchase, an appraisal summary statement, and an informational pamphlet detailing the process of eminent domain on or about February 20, 2014. Subsequently, the City provided you with a complete appraisal report. Copies of the February 2014 Offer to Purchase (without the attachments) referred to in section "d" above, and the summary appraisal statement are attached hereto as Exhibits A and B respectively for your convenience. If you would like copies of the attachments to the February 2014 Offer to Purchase you can contact John Almazan, Interwest Consultant Group at (916) 378-4695 or jalmazan@interwestgrp.com. Based upon negotiations between the parties, the City hereby makes another offer to purchase your property. A copy of this July 2014 Offer to Purchase is attached hereto as Exhibit C. If the Resolution of Necessity is adopted, it authorizes the City to acquire the necessary permanent road easement, in addition to the necessary temporary construction easement over your property by eminent domain. The legal descriptions and maps of the required property are attached to this Notice as Exhibit D. The proposed public use is to improve, realign, widen, and grade separate Harney Lane over the existing UPRR tracks between South Stockton Street and South Hutchins Street (the "Project"). This Project includes the construction of a new overcrossing with embankments over the UPRR tracks, utility relocations, storm drainage improvements, sound walls, traffic signal improvements at South Stockton Street and South Hutchins Street, and a new raised, landscaped median along Harney Lane_ This Project also includes the widening of Harney Lane to four lanes between South Stockton Street and South Hutchins Street as identified in the City of Lodi General Plan. This Project will require the acquisition of certain permanent and temporary easements by eminent domain. Descriptions of these proposed easements, along with proposed deeds, are identified in the attached Exhibit E. The Project will widen Harney Lane to four lanes and reconstruct a crossing originally designed for a rural setting with a relatively low capacity to now accommodate vehicle trips generating by existing, approved, and anticipated urban development within Lodi and the region. The proposed Project will increase the flow of traffic to accomplish the following three objectives: 1. Increase vehicular and pedestrian safety at UPRR crossing by eliminating the existing conflict point. This is consistent with one of the Regional Transportation Plan's objectives of "reducing the rate of automobile incidents at railroad crossings by 10% by 2035". 2. Provide more efficient access to and from Highway 99 to serve the City of Lodi. 3. Correct existing and anticipated future traffic operational deficiencies to accommodate increased traffic demand generated by existing, approved, and planned growth in Lodi and the region, consistent with the City of Lodi General Plan, the San Joaquin County General Plan and the 2011 Regional Transportation Plan prepared by the San Joaquin Council of Governments (SJCOG). You have a right to appear and be heard by the City at its Council meeting on August 6, 2014. If you wish to be heard, you must file a written request to appear within 15 days from the mailing of this Notice, on or before July 29, 2014, in order to appear and object to the adoption of the Resolution. Failure to file a written request results in a waiver of your rights to appear and be heard and to later challenge the right of the City to take your property by eminent domain. Your written request to appear should include a statement of the conditions(s) that you feel are pertinent to your property. Objections are limited to the four conditions that may affect your property, which are set forth above as (a), (b), (c), and (d). By designating which condition forms the basis of your concerns and why, you will enable the City to have a full and expeditious review made of the Project's effect on your property. All requests to appear must be sent for filing to the City of Lodi c/o Jennifer Robison, City Clerk, Lodi City Clerk's Office: Mail: P.O. Box 3006, Lodi, CA 95241-1910 Hand defivem 221 W. Pine Street, 2nd Floor, Lodi, CA, 95240 Fax: (209) 333-6807 E-mail: cityclerk@lodi.gov For your convenience, the City, will consider any written observations you may wish to submit, as long as such written observations are filed within the 15 -day period on or before July 29, 2014. Because the amount of just compensation will not be discussed at the August 6, 2014 council meeting, your decision not to appear will not impact your right to challenge just compensation. The City must adopt a Resolution of Necessity before an eminent domain proceeding can be commenced. In that proceedirig, the Court will determine the amount of compensation to which you are entitled, A copy of the proposed Resolution of Necessity will be available prior to the hearing, upon your request, far inspection at the City Clerk's Office at 221 W. Pine Street, 2rtd Floor, Lodi, GR, P5240 ;after July 25, 2014. If you have any questions, please call Jennifer Robison, City Clerk, City Clerk's Office at (209) 333-6702. Date: July 14, 2014 Stephen Schwabauer, City Manager CC' Steven A. Herum, Herum/Crabtree/Suntag 5757 Pacific Avenue, Suite 222 Stockton, CA 95207 EXHIBIT A February 20, 2014 Gary Tsutsumi 3725 E. Armstrong Road Lodi, CA 95240 Diane Y. Tsutsumi 3725 E. Armstrong Road Lodi, CA 95240 IFJTEAWEST SONSUITINi iGROUP Re: Harney Lane/UPRR Grade Separation Project Site Address: 120 E. Harney Lane San Joaquin County Assessor's Parcel Number: 058-130-24 ACQ #12-01-02 Offer to Purchase Real Property Dear Mr. and Mrs, Tsutsumi: The City of Lodi ("City) desires to acquire a Road Easement and Temporary Construction Easement to improve the Harney Lane/UPRR Grade Separation Project (the "Project"). The purpose of the Project is to realign, widen, and grade separate Harney Lane over the existing UPRR tracks between South Stockton St and South Hutchins St. The proposed work includes construction of a new overcrossing with embankments over the UPRR tracks. Additional work includes utility relocations, storm drainage improvements, sound walls, signal improvements at Hutchins St. and Stockton St., and a new raised/landscaped median. This letter constitutes an offer to purchase easement interests in the above -referenced property in the amount of $351,000.00. The offer is based on an independent appraisal. To assist you in considering this offer, we have enclosed the following documents for your review: - Appraisal Summary Statement - Summary Statement Relating to the Purchase of Real Property or an Interest Therein - Title VI Survey - Agreement for Acquisition of Road, and Temporary Construction Easement Interests (3 originals) - Conveyance Documents (Road Easement Deed, and Temporary Construction Easement Deed) (1 original) - U.S. Internal Revenue Service Form W-9 "Request for Taxpayer Identification Number and Certification" (1 original) Fidelity Title Company Preliminary Report (Title) as of March 9, 2012 (Title No. 5012654) concerning the subject property Your Guide Through the Public Acquisition Process Pamphlet 9300%ESTSTOCKION13OUI.F\'ARn SUITF105 e EL1<GR0vr_,CA1_IF0RNIA 95758 TEL.916.683.3340 0 FAx.916.683.3375 e \vNvw.intcnvcstgrp.com Gary Tsutsumi and Diane Y, Tsutsumi February 20, 2014 We are prepared to meet and discuss the offer with you at your convenience. The City has retained the services of Interwest Consulting Group to perform the negotiations on behalf of the City. John Almazan will be your primary contact throughout the acquisition process. Please feel free to contact him directly at (916) 378-4695. In addition, City Public Works staff will continue to work with you throughout this process to answer questions and/or assist with coordination as needed. Once the Agreement has been signed, please return the following to John Almazan (Interwest Consulting Group) in the enclosed envelope: 2 signed original Agreements for Acquisition of Road, and Temporary Construction Easement Interests; 1 signed original Road Easement Deed, and Temporary Construction Easement Deed with the acknowledgement completed by a Notary Public; 1 signed original Title VI Survey; and 1 signed original U.S. Internal Revenue Service Form W-9 After the execution of the Agreement for Acquisition by the City, we will deposit the documents and purchase funds into escrow for closing, including recording of the conveyance document and issuance of purchase monies. The closing will be handled by Fidelity Title Company under Escrow #5012654 with Escrow Officer Paul Avila at Fidelity Title Company office at 8950 Cal Center Drive, Building 3, Suite 100, in Sacramento, CA 95826; (916) 364-4070. Also enclosed is an informational parnphlet entitled, "Your Guide Through the Public Acquisition Process Pamphlet," which is intended to provide answers to commonly asked questions surrounding the public land acquisition process and the property owners' rights under the Eminent Domain Law. Please note that you are eligible to receive reimbursement of up to $5,000 for the reasonable costs associated with retaining the services of a qualified real estate appraiser, licensed by the State Office of Real Estate Appraisers, to prepare an appraisal report for those same property rights for which this offer is being made. Proof of the incurred cost and appraiser's qualifications is required prior to reimbursement. Please see Section #5 in the attached "Summary Statement Relating to Purchase of Real Property or an Interest Therein" for additional information regarding this option. Thank you for your consideration If you have any questions, please feel free to contact me Sincerely, John Almazan Real Estate Services Enclosures 9300 VVEST STOCKTON BOLJLFVARD I SUI [E 105 a ELK GROVE, CAI IFORNIA 95758 TEL. 916.683.3340 9 FAX. 916,683.3375 9 wwwAnterwestgrp.com EXHIBIT B CITY OF LODI SUMMARY STATEMENT RELATING TO T14E PURCHASE OF REAL PROPERTY OR AN INTEREST THEREIN The City of Lodi (City) is proposing to purchase real property or interests therein, and related improvements and appurtenances, in connection with the Harney Lanc/UPRR Grade Separation Project (Project). Your property located at 120 E. Harney Lane in Lodi, CA, is within the project area, and is also identified by the San Joaquin City Assessor as Parcel Nos. 058-130-24. Title 111 of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 United States Code, Chapter 61, Section 4601, et seq.) and the California f)epartnient of Housing and Community Development Relocation Assistance and Real Property Acquisition Guidelines (Title 25. California Code of Regulations, Chapter 6, Subehapter 1, Articles 1.6, Section 6000. et seq.) require that each owner or tenant from wham the City purchases real property or an interest therein be provided with at a minimum, a summary of the appraisal of the real properly or interest therein, as well as the following information: I. You are entitled to receive full payment prior to vacating; the real property being purchased unless you have heretofore waived such entitlement. You are not required to pay recording fees, transfer taxes, or the pro rata portion of real property taxes which are allocable to any period subsequent to the passage of title or possession. 2. The City will offer to purchase any remnant(s) considered by the City to be an uneconomic unit(s) which is/are owned by you or, if applicable, occupied by you as a tenant and which is/are contiguous to the land being conveyed. 3. All buildings, structures and other improvements affixed to the land described in the referenced document(s) covering this transaction and owned by the grantor(s) herein or, if applicable, owned by you as a tenant, are being conveyed unless other disposition of these imp1-0vements has been made. The interests being acquired are: Road Easement of 2.24 acres (a portion of the subject property) on 058-130-24 and a Temporary Construction Easement of 0.37 acre (a portion of the subject property) on 058-130-24. The property rights being purchased is described in the attached Agreement. 4. The market value of the property being purchased is based upon a market value valuation which is $361,000.00 as summarized on the attached Appraisal Summary Statement and such amount: a. Represents the full amount of the appraisal of just compensation for the property proposed to be purchased; b. Is not less than the approved appraisal of the fair market value of the property as improved; c. Disregards any decrease or increase in the liair market value of the real property to be acquired prior to the date of valuation caused by the: public improvement for which the property is to be acquired or by the likelihood that the property would be acquired for such public improvement, other than that due to physical deterioration within the reasonable control of the owner or occupant: and d. Does not reflect any consideration of or allowance for any relocation assistance and payments or other benefits which the owner or tenant may be entitled to receive under an agreement with the City. 5. Pursuant to the California Code of Civil Procedure, Section 1263.025, should you elect to obtain an independent appraisal, the City will pay for the actual reasonable costs of said appraisal up to Five Thousand Dollars (55,000) subject to the following conditions: a. You, not the City, must order the appraisal. Should you enter into a contract with the selected appraiser, the City will not be a party to the contract; b. The selected appraiser must be licensed with the California Office of Real Estate Appraisers (OREA), and said license must be in good standing; 20 -May -11 CITY OF LODI SUMMARY STATEMENT RELATING TO THE PURCHASE OF REAL PROPERTY OR AN INTEREST THEREIN c. Appraisal cost reimbursement requests must be made in writing, and submitted to the City at the following address: Attn: City of Lodi Attn: Public Works Director 221 West Pine Street Lodi, CA 95240 \-ithin ninety (90) days of the earliest of the following dates: (1) The date the selected appraiser requests payment from you for the appraisal; or (2) The date upon which you, or someone on your behalf, remitted full payment to the selected appraiser for the appraisal. d. If the Property is owned jointly or in common by more than one person, City shall only be required to provide reimbursement to the first of such owners to make application for reimbursement. e. Owner shall be solely liable for the payment of all costs associated with the appraisal in excess of Five Thousand Dollars ($5,000), and shall hold City harmless from any claim for such costs. F. Copies of the contract between the Owner and his appraiser (if a contract was nladc), appraisal report, invoice for the completed work by the appraiser, and proofol'paymenl if same was made, must be provided Lo the City concurrent with the submission of the appraisal cost reitnbursernent regtucsl. Tile costs must he reasonable and justifiable. 6. The owner of a business conducted on a property to be acquired, or conducted on the remaining property which will be affected by the purchase of the required property, may be entitled to compensation for the loss of goodwill. Entitlement is contingent upon the owner and/or lessee's ability to prove such loss in accordance with the provisions of'Sections 1263.5 ID and 1263.520 of the Code of Civil Procedure. 7, if you ultimately elect to reject the City's offer for your property, you are entitled to have the amount of compensation determined by a court of law in accordance with the laws of the State of California. 8. You are entitled to receive all benefits that are available through donation to the City of all or part of your interest in the real property sought to be acquired by the City as set out in Streets and Highways Code Sections 104.2 and 104.12. 20 -May -11 EXHIBIT C EXHIBIT C CITY OF LODI OFFER TO PURCHASE EASEMENT INTERESTS IN LAND This Offer is made 14th day of July 2014, by the City Lodi ("City")pursuant to California Government Code Section 7267.2(a) to: Gary and Diane Tsutsurni 120 East Harney Lane Lodi, CA 95242 3725 E. Armstrong Road Lodi, CA 95240 APN: 058-130-24 The City offers to acquire a road easement and temporary construction easement over real property located in San Joaquin County at 120 East Harney Lane in Lodi, and commonly referred to as Assessor Parcel Number 058-130-24. The City initialed proposed payment of just compensation in the amount of $361,000.00 as detailed in the Offer to Purchase sent on February 20, 2014. The City's detailed written statement of valuation was attached to the February 20th offer, as required by to California Government Code Section 7267.2(b). After negotiations with the property owner, the City now hereby offers payment of just compensation in the amount of $433,200.00 for the purchase of the easements more particularly described in Exhibit D attached to this packet and incorporated herein. The terms and conditions of the City's offer to acquire the easements are set forth in the Easement Agreements/Deeds attached to this packet as Exhibit E and incorporated herein. Pursuant to California Code of Civil Procedures §1263.025, the City offers to pay the reasonable costs, not to exceed five thousand dollars ($5,000.00), of an independent appraisal which may be ordered by you. If you choose to obtain an independent appraisal, it must be conducted by an appraiser licensed by the Office of Real Estate Appraisers. Acceptance of this offer is conditioned upon final action by the Lodi City Council. If you have any questions, please contact John Almazan, Interwest Consultant Group at (916) 378-4695 or 'aln�axar� r�Z irtterwest com. Step en Schwabauer City of Lodi, City Manager Acceptance of Offer: Gary Tsutsumi Landowner Diane Tsutsumi Landowner 1117834 1 11233-037 June 20, 2014 Gary Tsutsumi " 3725 E, Armstrong Road Lodi, CA 95240 Diane Y. Tsutsumi 3725 E. Armstrong Road Lodi, CA 95240 Iti rCAt!.A.4+.:?A i.a GROUP Re: Harney Lane/UPRR Grade Separation Project Site Address: 120 E. Harney Lane San Joaquin County Assessor's Parcel Number: 058-130-24 ACQ #12-01-02 Offer to Purchase Peal Property Dear Mr, and Mrs. Tsutsumi: On Fsbruary 20, 2014, the City of Lodi ("City") made an offer to purchase easement interests in the ab Ve-referenced property in the amount of $361,000.00. The offer was based on an independent appraisal report. On May 30, 2014, the City received the independent appraisal report prepared for you by Mr. Garry C. Duncan. The determined amount for Just Compensation was $685,190. Please note that you are eligible to receive relmburs-em, ent. of up to: $ ., aD ftS.r tYie' rsasor able costs associated with retaining the services of,a qualified Peel estate appraiser• Ha"yor, .the; appraiser must ;:ire licenled by the State 0*e of Real Estate Appralsors: Mr: Du'Karf is oto k,ensard' by the State. Proof of thi9"'Incurred. cost; acrd appraisar's:quWifi ft* is required prior to reimbursoment. Please: se- Section #5. in .the "Summary. 8talemeht 114e1a669 to Purcbasa of Real 'Pr©perCy: or an Interest Therein" in your offer pp*age for addit1ohat informatiorr'. Further, no coM- parab le: sales Were used to support the market value. Notwithstanding the aforementioned, the City's goal is to provide fair and equitable treatrrrent in acquiring the property rights, through negotiation. As a result, the City is hereby :pffering a counter in the amour t of $_431206.00 for the necessary easement interests, The agreement and settlement are subject to City Council approval. Thank you for your consideration. If you have any questions, please contact me as shown below. Sr�c ely .. . _dL J:ahn Afma Real Estate Services 9300VVESTSTOCKTOV ROULFVAR) SUITE 105 6 ELKGROVE, CALIFORNIA 95758 TFI..916.683.3340 ® FAx.916:683.3375 e \vNvNa.interwestgrp.com EXHIBIT D Exhibit "A" Legal Description BAV MBACH & PIAZZA, INC. 8i, A ,52 ii4003- 46d1, QA 9$2�1�1.404 CIVIL ENGINEERS • LANC SURVEYORS ��Fox tZOt 36:1:4610 �r<N�r CZO3 889-4610 wwlw.bpengIneers.net Exhibit "A" A portion of the Northwest Quarter of Section 24, Township 3 Noith, Range 6 East, Mount Diablo Ease and Meridian, being moa -e particularly described as Follows: Commenting at the northeast corner- of the northwest quarter of Section 24r Towrnship 3 North, Range 6 East, Mount Diablo Ease and Meridian as shown on Record of Suavey, filed in :Book 7 of Surveys at page 308, San Joaquin County Records; thence along the north line of said Semon 24, youth 871124`00" West, 210.00 feet, thence South 00051'00' East, 25.01 {eet to the South line of Harney Lane, and the True point of Beginning; thence continue along said mouth line., South 670'24'00° West, 858.52 feet to the Easterly line of the Union pacific Railroad (400 foot wide per Congressional Gr -ant); thence along said Easterly line, South 03008'010" We -A, 157.27 feet; thence North 950234€3" East, 272.90 feet, thence North 77011'34" East, 377.73 feet; thence North 73044'44" East, 106.99 Feet.; thence North 83027,45` East, 78.23 feet; thence North 39009'CO" East, 44.13 feet to the east line of that property described in San Joaquin County Recorder's Document No. 2009-051326; thence North 0€0'51'00" West along said east. line, 55.91 feet to the True point of Beginning. "z Av �1- �A 12I3W3 _ * S:1P*�1'stsi+-Qll�l?G2?1�lac',T;rd�-;unl Ucdictt-n.d—_ Exhibit "B" Plat Map .._. crrr fd rnn Air,k 5cmc S "w ISo' THIS I:XWO.rT HAS BEEN COMLED rRErARED W THE OMCE OF: I"RECQKDW DATA AND IS NOT BASED UPON A PIELD S1RVEY RAWARAM ItZR 9&495 Op BSS NORTH LIAR OF NOMWEST 114 OF tkcrlm xa, SHOIVN ON CML B0NEM F* -OW OF SURVEY. PILED IN BOOK 701- Sl7RVEtiS AT PAGc LOD 308 WET ECAs STREET C3flr, GiIiFOKNUI 957240 AS W87014'OTE Exhibit "A" Legal Description 343 gintreet BAuMBACH & PIAZZAw INC. Lodi, CA 0 6244-2003- rh (2091 368-601 CIVIL ENGINEERS -LAND SURVEYORS F -ax (209) 364-6610, rrVti4YJ,t7K7(ingln ers.ne4 V LAe7{f Exhibit "A" c6y" t Fog �.A; r . ev, 12111/13 * . Temporary Constauetion Easement #1 0 4� ZJ13/13 A portion of the Nortfv4est Quarter of Section 24, Township 3 North, Flange 6 East, cunt Diablo Base and Meridian, being more particularly described as follows: Commencing at the n=ortheast corner of the northwest quarter of Section 24, Township 3 Northr Range 6 East, Mount Diablo Base and Meridian as shown on Record of Survey, filed in Boobs 7 of Surveys at Page 308, San Joaquin County Records; thence along tfre north line. of said Section 24, South 87124'00" West, 210.00 feet; thence South 00051'00'" East, 84.92 feet to the True Point of Beginning; thence South 89009'00" West, 5,00 feet; thence South 40'J51'00' East, 142.34 feet; thence Forth 97024'00" East, 5.09 feet; thence ]Worth 00051'00" Nest., 142,19 feet to the True Point of Beginning, Temporary Construction Easement #'' A portion of the North we -t Qua'!'ter of Section 24, Township 3 North, Range 6 East, Mount Diablo Base and Meridian: being more particularly described as follows: Commencing at the n-ortheast corner of the northwest quarter of Section 24, Township 3 North, Range 6 East, Mount Diablo Base and Meridian as shown on Record of Survey, filed in Book 7 of Surveys at Page 308, San Joaquin County Records; thence along the north bine of said Section 24, South a7024'D0" West, 210.00 feet,' thence South 00051'40" East, 94,92 feet; thence South 89009'00" West, 44.13 feet, thence South 830-27'45" West., 78.23 feet; thence South 781144'44" West, 2.60 feet to the True Paint of Beginning; thence South 783 44'44" West, 104,39 feet; thence South 77011'34" West, 377,73 feet; thence South 85023'48" Vilest, 272.90 feet; thence South 031,08'00" West, 20.18 feet; thence North 8502348" East, 277.05 feet; thence North 770LL'34" East, 376,89 feet; thence North 73044'44" East, 101,12 feet; thence North 021,43'50" Vilest, 20.22 feet to the True Point of Beginning. Exhibit "B" Plat Map U4 SCCUON CORNER THIS EXHIBIT HAS BUN C7h1FICE{7 r FAS EMP77EPAHm Us THE QiMFY'E Of* FR:3�f ftE(:OCLCEJ UA? A APiO L5 N T BASED LOON A RaD SURVEY ,A f LAi B OF BEARiHGS wj Hutt m PIUkIHwE$T 1/4 OF �kCr tCI-N 24, ,;wYD /N, ON Cm]. ENCRERs RECOU G� S"JWEY, FLED fN BWK 7 OF SJWV YS A f PAL -306323 30FJ23 jFI-Im RU, AS N87024'01YE 0 EXHIBIT E NO FEE DOCUMENT overinent code:L610-3-9-U73-93- RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Clerk CITY OF LODI 221 West Pine Street Lodi, CA 95240 OK to Accept Date: Project Name: Harney Lane/UPRR Grade Separation Project Address: 120 E. Harney Lane, Lodi APN: 058-130-24 Project No.: 12-01-02 Title Order No. 12-5012654 Escrow No. 12-5012654 THIS TRAN?ACTION '15 EXEMPT FROM :CAQFORNIA..DQCUMFNTARw TRA14SFER TAK. PURSUANT TO SECTIOt 1102-2 OF THE CALIFORNIA REVENUE AND TAXA.T.. COD THIS DOCUMENT IS > kbOlPT FROM RECOROINr, FEES PURSUAN —TO. $1 GTIONS•;6103. arta 27383 Dl= TkIE:CAt 1.F[)I �lI�1 CtiG3 ►EfI3VMEld7 CC3L]E. ROAD EASEMENT DEED FOR VALUABLE CONSIDERATION, receipt and sufficiency of which is hereby acknowledged, DIANE Y. TSUT -SUMI, an uurna�rrled woman as to an undivided one-half interest and GARY TSUTSUMI, Trustee of the GARY sad JOY1l7Z 'TSUTSUM1 -2011. TRUST, an andMded one-half interest R—ANTC R'% firer i . grants to the CITY OFUODI, a municipal corporation. of the State of Cali.farnia,; (``MANT:EE"}, '46 044.1 sent fur road gtar uses acid irlcWentals thereto, 'includy _9 utility rights, over,on, under anal aeras all that real property situated in the City �f Lodi, County of SanJ'oaquin.; Sate of California, described as follows: See Exhibit "A", legal description, and Exhibit "B", plat to accompany legal description, attached hereto and made a part hereof. The property is for Public Street and Highway purposes to be known as Harney Lane. Executed this day of M GRANTOR: DIANE Y. TSUTSUMI, an unmarried woman as to an undivided one-half interest and GARY TSUTSUMI, Trustee of the GARY and JOYCE TSUTSUMI 2011 TRUST, an undivided one-half interest No Printed: Title: By: — Printed: Title: Exhibit "A" Legal Description BAUMBACH & PIAZZA, INC. Lod, CA2 44 o20 CIVIL ENGINEERS ■ LAND SURVEYORS Pwanx 1209) 368.6619 -'Frau Fri u.8•BStti www,bloong I neers, n of Exhibit 'A" A genion of the Northwest Quarter of Section 24, Township 3 Northr Range 6 East, Mount Diablo Base and Meridian, being more particularly described as follows: Commencing at the northeast corner of the northwest quarter of Section 24, Township 3 iVort'h, Range 6 East, Mount Diablo Base and Meridian as sho'nn on Record of Sw—.'ey, filed in Book 7 of Surveys at Page 308, San Joaquin County Records; thence along the north line of said Section 24, South 87024'00" 'Nest, 210,00 feet; thence South 00°51'00" East, 25.01 feet to the South lime of Harney Lane, and the True Point of Beginning; thence continue along said South Fine, South 87°24'00"'rifest, 858.52 feet to the Easterly line of the Union Pacific Railroad (400 foot wide ger ConVressional Grant); thence along said Easterly line, South 03008'00" West, 157.27 feet; thence No th 85023'48° East, 272.90 feet; thence North 77011'34" East, 377.73 feet; thence North 713144`44" East, 106.99 feet; thence North 83027'45" East, 78,23 feet; thence North 891)09"00" East, 44.13 feet to the east line of that property described in San Joaquin County Recorder's Document No. 2009-05.1326; thence North 00r,51r00" West along said; east. line, 55.91 feet to the Tire Point of Beginning. r iy to r! lo, . I2A 1! 13 . w 12!13113 `2fI1I1G21'tdo0,T%utsumI006- -Jua,dx Exhibit "B" Plat Map rrrrf n*� !"f\O AIC7 a THIS EKH:8Ii KOS BEEN COMPILED PWPARED Pi THE OMCE OF: FROM ktCURDE-D DATA ANO IS NOT aA5ED ;,JO?J A PIaD S,LAI/Ey HAUMBACH SA$15 OF WRTH UNE []F NORrHWegT L/4 OF St TION 2.1, &4K7WN ON CIA. _rWINaNs EV RECORD Df SURY`Y. FILED 1N BOOK 7 OF SURVEYS Al' PALS 3U8 323 WEST . Ad 1574 Lc7Di', �1�3RNU+ +F57�U AS N87 -24'00'L NO FEE DOCUMENT rtn�ertt+ncnt.C_ade 5ii I:U3 � �.�? �a RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Cit} Clerk CITY OF LODI 221 West Pine Street Lodi, CA 95240 The Above Space For Recorders Use Only OK to Accept: Project Name: Harney Lane/UPRR Grade Separation Project Date: Address: 120 E. Harney Lane, Lodi APN: 058-130-24 Project No.: 12-01-02 Title Order No. 12-5012654 Escrow No, 12-5012654 THIS TRANSACTION IS EXEMPT FROM CAUF[)I' MA. DOCUMENTARY TRANSFFR TAX:PURSUANT ANT TO SECTIdAF 11922 OF THE QAL1FARNIA REVENUE ANO 1.0NC0t#E: 'THIS DOCUMENT IS EXEMPT FROM RECORDING FEES PURSUANT Ta 'SEC7IQNS:61p3`:and 27333 OF THE.CALIFORNIA CDILERNMENTQQUE. TEMPORARY CONSTRUCTION EASEMENT FOR VALUABLE CONSIDERATION, receipt and sufficiency of which is Hereby ackn.ow[edged, DIANE Y. TSUTSUMI, an unmarried woman as to an undivided one-half interest and GARY TSUTSUMI, Trustee of the GARY and JOYCE TSUTSUMI 2011 TRUST, au undivided one-half interest ("GRANTORS"), he-reby:Grant(s).` to the CM'OF LODI, .a municipal corporation of the State of Californja ("GRANTEE"),. a TEMPORARY CONSTRUCTION EAS:KMENT ("EASEMENT" ], -for the purpose of public use, inclusive of ingress and egress, including; construction, reconstruction, installation, improvement, repair, inspecti on, expansion, and maintenance of public right-of-ways, highways, roadways, services, utilities, landscape improve rents, and necessary appurtenances. thereto, an, over, and cinder Grantor's Property, (including the right to re -grade the underlying property to conform to. the grade of the adjacent street) located in the City of Lodi, State of California, described as follows: See Exhibit A, legal description, and Exhibit B, plat to accompany legal description, attached hereto and made a part hereof. Easement shall become effective on the date the Grantee issues notice to proceed to the contractor for construction of the Harney Lane/UPRR Grade Separation Project ("PROJECT") and shall terminate two years from the date the Grantee issues notice to proceed to the contractor for construction the Project. Upon the terMinati;on of this Easement, Grantee shall record: a Notice 'of Termination of Temporary Con'struetion Easerttent: releasing :all :Grantee's right, title and interest In and to this Easement no later than 60 days following completion of construction of the, Project, Executed this day of 1.20 GRANTORS: DIANE Y. TSUTSUMI, an unmarried woman as to an undivided one-half interest and GARY TSUTSUMI, Trustee of the GARY and JOYCE TSUTSUMI 2011 TRUST, an undivided one-half interest 0 Printed: Printed: Title: Title: Exhibit "A" Legal Description BAU M EACH & PIAZZA, 1 N C. �,,d� CA'06240 2001 phone 1209) 3$9•i81 a CIVIL ENGINEERS -LAND SURVEYORS Fax 1209) sra�s61a w ww.bpengIneers,net 1� iAf �d G 0 � s' Q.C3 j rz` �i-s Exhibit "A;-'� ►a;f9 • fir' �. 12.=31113 - Temporary Construction Easemer t #1 OF '4tr 2,+13113 A Portion of the Northwest Quarter of Section 24, Township 3 North, i,.ange 6 East. aunt Diablo Base and Meridian, being more particulariy described as foltows: Commencing at the northeast corner of the naithwesi quarter of Section 24, Township 3 Nortfr, Range 5 East, Mount Diablo Base and Meridian as shown on Record of Survey, filed in Book 7 of Surveys at Page 308, San Joaquin County Records; thence along the north line of said Section 24, South 87024'00" West, 210,00 feet; thence South 00151'00" East, 84.92 feet to the True Point of Beginning; thence Soutar 891,09'00" West, 5.00 feet; thence South 001151'00" East, 142.34 feet; thence North 37024'00" East, 5.00 feet; thence North 00051'00" Wes}, 142,19 feet to the True Point of Beginning. Temporary Construction Easement #_2 A portion of the Northwest Quarter of Section 24, Township 3 North, Range 6 East, Mount Diablo Base and Meridian, being more particularly described as follows' Commencing at the northeast corner- of the northwest quarter- of Section 24, Township 3 North, Range 6 East, Mount Diablo Base and Meridian as shown on Record of Survey, filed in Book 7 of Surveys at Page 308, San Joaqu[n County Records; thence along the north kine of said Section 24, South 87024'00"• West, 210.00 feet; thence South 000.51'00" East, 84,92 feet; thence South 89°09'00" West 44,13 feet; thence South 83,12745" 'West, 78.23 feet; thence South 78044'44' West, 2.60 feet to the True Point of Beginning; thence South 78'044'44" West, 104.39 feet; thence South 77011'34" West, 377.7.3 feet; thence South 85°2348"'Nest, 272,90 feet; thence South 031108`00° Vilest, 20.18 feet; thence North 85023'46" East, 277,05 feet, thence North 77011'34" East, 378,39 feet, thence North 78044'44" East, 101.12 feet; thence North 02x43'50" West, 20.22 feet to the True Point of Beginning, S:1P rorc,�s'�Ci 1`11 Q21'-CC)T-AxAuml TCLCac Exhibit "B" Plat Map 10 11 12 13 14 is 16 17 18 19 20 21 22 23 24 25 26 27 28 DECLARATION OF SERVICE BY MAIL (CCP 1013a, 2015.5) I am a citizen of the United States, over the age of 18 years, and not a party to or interested i this action. I am an employee of the City of Lodi and my business address is 221 West Pine Street, Lodi, California 95241-1910. On this date, I served the following document: Cover Letter dated July 14, 2014 re: Notice of Intent to Adopt Resolution of Necessity on August 6, 2014; and Notice of Hearing Regarding City of Lodi's Intent to Adopt a Resolution of Necessity to Acquire Property by Eminent Domain (Code of Civil Procedure §1245.235) with attached Exhibits ® by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid, in the United States Post Office mail at Lodi, California, addressed as set forth below. ❑ by personally delivering, or causing to be delivered a true copy thereof to the person and the address set forth below. ❑ by causing a true copy thereof to be delivered to the party or parties at then address(es) liste, below, by and\or through the services of: ❑ Federal Express ❑ Express Mail ❑ FAX (Followed by First Class Mail) Gary and Diane Tsutsumi Gary and Diane Tsutsumi 3725 E. Armstrong Road 120 East Harney Lane Lodi, CA 95240 Lodi, CA 95242 Steven A. Herum, Herum/Crabtree/Suntag 5757 Pacific Avenue, Suite 222 Stockton, CA 95207 I declare under penalty of perjury th�t the foregoing is true and correct and this declaration was executed at Lodi, California on -u-i C �C Peggy . i o ini PROOF OF SERVICE