HomeMy WebLinkAboutAgenda Report - September 2, 1998 (32)AGENDA TITLE: Agreement with McDonald's Corporation for Easements at 841 East Kettleman Lane
MEETING DATE: September 2, 1998
PREPARED BY: Public Works Director
RECOMMENDED ACTION: That the City Council authorize the City Manager to execute an acquisition
agreement with McDonald's Corporation at 841 East Kettleman Lane.
BACKGROUND INFORMATION: As part of the Highway 12 - Kettleman Lane/Highway 99 Interchange
Improvements Project, the north side of Kettleman Lane will be
widened just west of Beckman Road. To accommodate the widening,
it is necessary to acquire 2,054 square feet of property from
McDonald's Corporation at 841 East Kettleman Lane. Included with the property acquisition is a
temporary construction easement for construction purposes and compensation for existing landscaping
and improvements to be removed.
At its June 17, 1998 meeting, City Council awarded the contract for the interchange improvement
project. Construction is underway. To ensure the project was not delayed while finalizing the property
acquisition and this agreement, McDonald's was very cooperative and granted a right of entry giving
permission for the City and its contractor to enter McDonald's property to construct and improve
Kettleman Lane. This agreement now finalizes the acquisition. The City Attorney has reviewed and
approved this agreement.
FUNDING: $44,480 - Included in project appropriation.
Laj 0
Q
Richard C. Prima
Public Works Director
Prepared by Paula J. Fernandez, Associate Traffic Engineer
RCP/PJF/lm
cc: Public Works Administrative Assistant
Associate Traffic Engineer
McDonald's Business Owner, Craig Schraeder
McDonald's Corporation, Dave Lamm
Attachment
APPROVED: 7-4
H. Dixon Flynn -- City Manager
CMCDEASEAGREE.DOC 08/21/98
L/C: 004-1512
AGREEMENT
841 East Kettleman Lane
APN 049-070-27
THIS AGREEMENT, entered into this 3rd day of August , 1998, by and
between McDONALUS CORPORATION, dba DELAWARE McDONALUS
CORPORATION /a-0e+ewer�fepora#tofr, hereinafter called GRANTOR, and the CITY
OF LODI, hereinafter called CITY.
* now ]mown as McDonald's Corporation, a Delaware corporation
In consideration of the mutual covenants, terms, and conditions herein contained, it is
hereby mutually agreed that:
GRANTOR shall grant to the CITY a street easement for that certain real property
in the City of Lodi, County of San Joaquin, State of California, described and
shown as Exhibit A:
2. GRANTOR shall also grant to the CITY a temporary street easement which will be
used during the course of construction and which will become void 30 days after
acceptance of the street improvements. The temporary street easement is
described and shown as Exhibit B:
3. It is understood that the City of Lodi, a municipal corporation, has, by virtue of the
provisions of the California State Code of Civil Procedure, the right of eminent
domain. The City has determined that in order to serve its citizens, it will be
necessary to acquire, either by condemnation or purchase, a strip of land along
the Kettleman Lane frontage of 841 East Kettleman Lane for the widening of
Kettleman Lane and realignment of Beckman Road. In lieu of condemnation
proceedings, GRANTOR agrees to grant to CITY, and CITY agrees to accept,
street easement deeds for the above described property.
4. CITY shall pay GRANTOR the sum of $44,480.00 for the property above
described when the street easement and temporary street easement deeds are
delivered to CITY.
This payment includes but is not limited to payment for:
A. Street easement and temporary street easement
B. Asphalt Paving - 350 square feet
C. Landscaped Area - 1,704 square feet
D. Palm Trees - 4 mature trees
5. CITY shall record the deed and pay all title, escrow, and recording fees.
6. This agreement may be recorded.
7. Herein is set forth the whole of this agreement. The performances of this
agreement constitute and shall relieve CITY of all further obligations or claims.
Page 1 of 2
agrmcdon
8. This agreement is binding on heirs, executors, administrators, and assigns of the
parties hereto.
9. In the event either party hereto breaches the terms, conditions, and covenants of
this agreement, then the party prevailing in any suit to enforce this agreement or to
restrain the breach thereof shall, in addition to any other relief or damages
awarded, be entitled to reasonable attorney's fees and all costs of suit to be set
and determined by any court of competent jurisdiction and added to any judgment
obtained.
IN WITNESS WHEREOF, the parties have executed this agreement on the day and year
hereinabove written.
CITY OF LODI, a Municipal Corporation
H. Dixon Flynn, City Manager
ATTEST:
Alice M. Reimche, City Clerk
APPROVED AS TO FORM:
. f
C Attorney
(�- MCDONALD'S CORPORATION, dba
Delaware McDonald's Corporation,
-{�elaa�r e-foefa4io�
now )moan as
M d's Corporation, a Delaware corporation
Department Director
Page 2 of 2
agrmcdon
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF ILLINOIS
COUNTY OF DuPAGE
On August 3, 1998, before me, Sueann Fisher, Notary Public, personally appeared Martin
W. Chmura, Department Director of McDONALD'S CORPORATION, a Delaware corporation,
personally known to me, to be the person whose name is subscribed to the within instrument and
acknowledged to me that he executed the same in his authorized capacity, and that by his signature
on the instrument the person or the entity upon behalf of which the person acted, executed the
inst ent.
Wit e my han and ff cial seal.
Notary Public in and for said State
My commission expires: February 24, 2002
M
ALMf ILLINOIS:02f24102
CITY OF LODI
SAN JOAQUIN COUNTY
KETTLEMAN LANE
EXHIBIT "A"
RIGHT-OF-WAY TAKE
APN: 049-070-27
(MCDONALD'S CORP.)
ALL THAT REAL PROPERTY SITUATED IN THE CITY OF LODI, COUNTY OF SAN JOAQUIN, STATE OF
CALIFORNIA, BEING A PORTION OF THAT "PARCEL OF LAND" DESCRIBED IN A GRANT DEED TO
MCDONALD'S CORPORATION DATED MARCH 11, 1988, RECORDED IN DOCUMENT NO. 88022156, SAN
JOAQUIN COUNTY RECORDS; BEING A PORTION OF THE S. 1/ OF THE S. '/: OF THE S.W. 1/4 OF
SECTION 7, T.3 N., R. 7 E. M.D.B.&M., MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE NORTHERLY LINE OF KETTLEMAN LANE THAT BEARS
S 80°48'20" E, 6.921 METERS (22.70 FEET) ALONG SAID NORTHERLY LINE OF KETTLEMAN LANE FROM
THE SOUTHWEST CORNER OF THE ABOVE CITED "PARCEL OF LAND'; THENCE CONTINUING ALONG
SAID NORTHERLY LINE OF KETTLEMAN LANE S 80°48'20" E, 25.626 METERS (84.08 FEET) BEING
THE BEGINNING OF A NON -TANGENT CURVE TO THE RIGHT FROM WHICH A RADIAL LINE BEARS
S 05°19'50" W, SAID POINT IS ALSO THE MOST WESTERLY CORNER OF PARCEL "A" AS DESCRIBED
IN A GRANT DEED TO THE CITY OF LODI DATED OCTOBER 28, 1966, RECORDED IN BOOK 3083 OF
OFFICIAL RECORDS AT PAGE 783, SAN JOAQUIN COUNTY RECORDS; THENCE ALONG THE ARC OF
SAID CURVE, CONCAVE SOUTHERLY, A RADIUS OF 621.793 METERS (2040.00 FEET), AN ARC LENGTH
OF 17.626 METERS ( 57.83 FEET); THENCE S 83°02'43" E, 7.492 METERS (24.58 FEET); THENCE,
N 5242'11" E, 6.020 METERS (19.75 FEET)TO A POINT ON THE WEST LINE OF BECKMAN ROAD BEING
9.144 METERS (30 FEET) WESTERLY OF THE CENTERLINE OF BECKMAN ROAD, SAID POINT IS THE
SOUTHWEST CORNER OF PARCEL "B" AS DESCRIBED IN SAID GRANT DEED TO THE CITY OF LODI;
THENCE ALONG SAID WESTERLY LINE OF BECKMAN ROAD, N 00°09'47" E, 8.512 METERS (27.93 FEET)
TO A POINT OF CUSP FROM WHICH A RADIAL LINE BEARS N 81 °19' 35"W; THENCE LEAVING SAID
WEST LINE OF BECKMAN ROAD ALONG THE ARC OF A CURVE TO THE RIGHT, CONCAVE
NORTHWESTERLY, A RADIUS OF 7.406 METERS (24.30 FEET), CENTRAL ANGLE OF 82-32'56", ARC
LENGTH OF 10.670 METERS ( 34.00 FEET); THENCE N 8846'39" W, 47.602 METERS (156.17 FEET) TO
THE POINT OF BEGINNING.
CONTAINING 190.8 Sq. Meters (2054 SQ. FT.), MORE OR LESS.
THE BASIS OF BEARINGS FOR THIS DESCRIPTION IS S 87"01'38" E BETWEEN A FOUND WELL
MONUMENT AT THE SOUTH 1/4 CORNER OF SAID SECTION 7 AND A FOUND NAIL AT THE
SOUTHWEST CORNER OF SAID SECTION 7, SAID BEARINGS ARE ON THE CALIFORNIA COORDINATE
SYSTEM OF 1983 ZONE III AND THE DISTANCES GIVEN ARE GROUND, TO OBTAIN GRID DISTANCES
MULTIPLY BY 0.99993600.
THE ATTACHED EXHIBIT "B" IS HEREBY MADE A PART OF THIS DESCRIPTION
THIS REAL PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME, OR UNDER MY DIRECTION IN
CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS ACT.
ol
v'
RICHARD P. RAY, PL
DATE: 4/01/98
J:ISUMALEGALIMCDONALD.LEG SL97028
CITY COUNCIL H. DIXON FLYNN
JACK A. SIEGLOCK, Mayor CITY OF I, O D I City Manager
KEITH LAND ALICE M. REIMCHE
Mayor Pro Tempore City Clerk
CITY HALL, 221 WEST PINE STREET
ROBERT J. JOHNSON P.O. BOX 3006 RANDALL A. HAYS
STEPHEN J. MANN City Attorney
PHILLIP A. PENNING LODI, CALIFORNIA 95241-1910
(209) 333-6706
FAX (209) 333-6710
August 26, 1998
Mr. Craig Schraeder Mr. Dave Lamm
McDonald's Corporation Real Estate Representative
4502 Georgetown Place, Ste. 202 McDonald's Corporation
Stockton, CA 95207 3009 Douglas Blvd., Ste. 300
Roseville, CA 95661
SUBJECT: Agreement with McDonald's Corporation for Easements at
841 East Kettleman Lane
Enclosed is a copy of background information on an item on the City Council agenda of
Wednesday, September 2, 1998. The meeting will be held at 7 p.m. in the
City Council Chamber, Carnegie Forum, 305 West Pine Street.
This item is on the consent calendar and is usually not discussed unless a
Council Member requests discussion. The public is given an opportunity to address
items on the consent calendar at the appropriate time.
If you wish to write to the City Council, please address your letter to City Council,
City of Lodi, P. O. Box 3006, Lodi, California, 95241-1910. Be sure to allow time for the
mail. Or, you may hand -deliver the letter to City Hall, 221 West Pine Street.
If you wish to address the Council at the Council Meeting, be sure to fill out a speaker's
card (available at the Carnegie Forum immediately prior to the start of the meeting) and
give it to the City Clerk. If you have any questions about communicating with the
Council, please contact Alice Reimche, City Clerk, at (209) 333-6702.
If you have any questions about the item itself, please call Paula Fernandez at
(209) 333-6800, ext. 667.
ua_4d4j_�
Richard C. Prima, Jr.
Public Works Director
RCP/Im
Enclosure /
cc: City Clerk/
NCMCDEASEAGREE.DOC