HomeMy WebLinkAboutResolutions - No. 83-93RESOLUTION NO. 83-93
ORDER VACATING PROPERTY ON AXQNI DRIVE
THE CITY COUNCIL OF THE CITY OF LODI FINDS:
That in July, 1982, there was reserved a public right of way and easements for
public utilities located on the north end of Awani Drive, Lodi.
That the right of way and portions of the easement have not been used since it
was reserved for the purpose for which it was reserved or for any purpose
whatsoever, and that said described easement is unnecessary for present or
prospective use.
NOW, TMUMRE, pursuant to the foregoing findings and under the authority of
Section 8300 et seq of the Streets and Highway Code of the State of
California, it is hereby ordered that there is hereby abandoned and vacated
the right of way and easements which are sham on Exhibit A attached hereto
and thereby made a part hereof.
The City Manager and City Clerk are hereby authorized to execute on behalf of
the City, a Quitclaim Deed to the appropriate persons.
Dated: August 17, 1983
I hereby certify that the foregoing Order
Vacating Property was passed and adopted by
the City Council of the City of Lodi in a
regular meeting held August 17, 1983 by
the following vote:
Ayes: Council Members - Pinkerton, Snider,
and Olson (Mayor)
Noes: Council Members - Murphy
Absent: Council Members - Reid
if5ull� � .
Alice M. Reiw&e
City Clerk
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EXHIBIT "A" RES 81-41
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ORDER VACATING EASEMENT
IN LAKEWOOD, UNIT NO. 4
THE CITY COUNCIL OF -THE CITY OF LODI FINDS:
31;36.1
That on June 7, 1967 there was dedicated an easement for
Public Utilities in a portion of Section 35, Township 4 North, Range
6 East, Mount Diablo Base and Meridian, filed for Record on
July 26, 1967 in Book 18, Page 5, San Joaquin County Records.
That the easement hereinafter more particularly described
is no longer used for the purpose for which it was dedicated or for
any purpose whatsoever, and that said easement is unnecessary for
present or prospective use.
NOW, THEREFORE, pursuant to the foregoing findings
and under the authority of Section 50443 of the Government Code of
the State of California, it is hereby ordered that there is hereby
abandoned and vacated .the above described easement which is more
particularly described as follows:
A portion of Section 35, Township 4 North,
Range 6 .East, Mount Diablo Base and Meridian,
being described as follows:
The east 5 feet of Lot 272 except the
south 8 feet of Section 35, Township 4 North,
Range 6 East.
Dated: July 21, 1976
J. l
I hereby certify that the foregoing Order Vacating
Easement in Lakewood, Unit No. 4 was passed and adopted
by the City Council of the City of Lodi in regular meeting
held Wednesday, July 21, 1976 by the following vote:
Ayes: Councilmen - Ehrhardt, Katnich, Katzakian,
Pinkerton and Hughes
Noes: Councilmen - None
.Absent: Councilmen - None
ALICE M.
City Clerk
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CITY OF LON
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CtF�Q,dPUBLIC WORKS . . .
TO: City Council
FROM: City Manager
DATE: August 12, 1983
SUBJECT: Awani Drive Right -of -Way
COUNCIL COMMUNICA
RECOMMENDED ACTION: That the City Council not abandon any public right-of-way
on Awani Drive.
BACKGROUND INFORMATION: At the last regular Planning Commission meeting, on
August 8, 1983, Mr. Howard Arnaiz asked the Planning Commission to approve
a Parcel Map which did not include the required cul-de-sac at the north end
of Awani Drive. The Planning Commission indicated to Mr. Arnaiz that they
could take no action unless the City Council changed their position on the
need for the cul-de-sac and officially abandoned the public right-of-way.
_ Attached is a letter from the Sanguinetti & Arnaiz Development Company, Inc.,
requesting the City Council to abandon the unimproved public right-of-way
located at the north end of Awani Drive. Awani Drive is located in the
Mokelumne Village subdivision and the subject unimproved public right-of-way
is highlighted in yellow on the attached Exhibit A.
The unimproved cul-de-sac right-of-way fronts the City's old dumpsite (SOL)
which was purchased by Howard Arnaiz in July 1982. Attached as Exhibit B is
a copy of the bidding documents which clearly indicates on page 3 that the
new owner of the property (Howard Arnaiz) is responsible for the completion
of the cul-de-sac at the end of Awani Drive. Attached as Exhibit C is Mr.
Howard Arnaiz's bid transmittal indicating that his bid is being submitted in
accordance with the conditions contained in the bidding document.' Also attached
as Exhibit D is plot plan that went with the bidding documents to show the
bidders the exact parcel which they were acquiring and that the parcel did not
include the future cul-de-sac right-of-way. It is felt that there is no ques-
tion that Mr. Arnaiz purchased the City property knowing full well that he would
have to construct a standard City cul-de-sac at the end of Awani Drive. It was
made very clear to all parties bidding on the City's SOL that it would be their
responsibility to construct the cul-de-sac improvements. If the Council now
changes that requirement, then there is a real question whether that is fair to
the other bidder. The estimated cost of the improvements is approximately
$15,000. If this change was made prior to the bidding, it certainly appears that
the bids the City received may have.been $15,000 higher.
APPROVED:
HENRY A. GLAVES, City Manager
FILE NO.
City Council
August 12, 1983
Page 2
Based on what Mr. Arnaiz wants to do with the property, this department has
provided him with two other alternates which provide for standard street
terminations, which would provide nearly the same development concept.
The Public Works and Community Development Departments feel very strongly
that the City should not allow any substandard street terminations in Lodi.
It is recommended that the City Council not change the conditions of the
SOL sale and that the subject public right-of-way not be abandoned.
JLR/JBS/dh
dcge�
Ja s B. Schroeder
Co unity Development Director
Sanguinetti & Arnaiz Development Co., Inc.
P. O. Box 8492 - Stockton, California 95.208 - (209) 951-7230
August 10, 1983
Mr. Glen Robinson
City Engineer
221 W. Pine Street
Lodi, CA. 95240
RE: Scenic Overlook Parcel Map
Dear Nk. Robinson:
Pursuant to our conversation this day please consider this letter my
official request of the Lodi City Council for their abandonment of
that certain unimproved street right of way located at the north end
of Awani Drive. This street right of way was retained by the City
when they sold the scenic overlook property.
This request is necessary as per the instruction of Mr. Jim Schroder
at the Planning Commission meeting of August 8, 1983 so that the
City Planning Commission may act upon my tentative subdivision map
which I have submitted and does not include this portion of street
right of way, as a public road.
I agree to pay the abandonment fees as required by the City.
It is my understanding that this request will be considered by the
City Council at their regular meeting of August 17, 1983.
If there is additional information that I may provide you with or if
you have any question please call me.
Sincerely yours,
HOWARD APMAM, Pres.
Sanguinetti & Arnaiz Development
Co., Inc.
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RESOLUTION 110. 31-173
RESOLUTION OF -THF. CITY COUNCIL OP THE CITY OF
LO02 DECLARING ITS INTENTION TO SELL SURPLUS _
REAL PROPERTY
WHEREAS, the City of Lodi is the owner of certain real
property described as follows:
A portion of the southeast quarter of
Section 36, T4N, R6E, MD-B&..i; more
particularly described as follows:
Beginning at the north west corner of tat 35
of Mokelumne Village as filed for record
September 26, 1978 in Volume 23, page 95,
San Joaquin County Records; thence N 81 21'
E, 101.32 feet to the northeast corner of
said Lot 35; thence 12.75..feet along a
nontangent curve, concave to the southwest
said corner having a radius of 50.00 feet,
and a long chord which bears N 340 38' 23"
--- N;•thence 136.97 feet along a reversing
curve to the right, said curve having a
radius of 50.00 feet, and a long chord which
bears 14 36° 31' 48" E; thence N' 3° 00' 1•1 to
the point of intersection with the south
bank of the Mokelumne River; thence
northerly and westerly along said south -bank
to the point of intersection with the
Southern Pacific Company right of way;
thence S.3° 00' E along said right of way to
a point which bears S 82' 21' W from the
northwest corner of above described Lot 35;
thence N 82° 21' E, 27.43 feet to the pointe
of beginning; and'
Reserving an easement for public utilities,
10 feet in width, lying north and west of
the following described line.
Beginning at the NE corner of the above
described Lot 35; thence 12.75 feet along a
nontangent curve, concave to the southwest
said curve having a radius of 50.00 feet,
and a long chord which bears N 34° 38' 23"
VI; thence 136.97 feet along a reversing
curve to the right, said curve having a
radius of 50.00 feet, and a long chord which
^, ,
bears N 36° 31' 48" E to the termination of
said 10 foot easement.
Also reserving an easeiment for public
utilities, 15 feet in width, the centerline
being described as follows: -
Beginning at a point on the gest line of
above described parcel, 6.45 feet from the
southwest corner of said parcel; thence N
49° 57' E to the east line of said parcel,
also being the termination of said 15 foot
easement.
Also reserving an easement and vehicular
access described as follows:
The south 15 feet of the above described
parcel; and
WHEREAS, the said real property is not needed by the
City of Lodi;
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Lodi in an adjourned regular meeting held December
9, 1981 that it hereby.declared its intention to sell the said
real property to the highest bidder therefor pursuant to the
provisions of Sections 25520-25535, inclusive, of the
Government Code.
BE IT FURTHER -RESOLVED that the terms on which the
real property will be sold are as follows: Each bid shall be
in a sealed envelope marked so as to denote the contents and
addressed to the City Council of she Li tv of Lo"'i, c/o Alice
M. Reimche, City Clerk of the City of Lodi, 221 17. Pine %
Street, Lodi, California 95240. Such bids may either be sent
by* r.�ail to the City Council at said address or filed with the
Clerk on or before June 29, 1982. Each bid must be
accompanied with a deposit in cash or cashier's check in the
81-173
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amount of ONE THOUSAND FIVE HU:.DR'D DOLL??S ($1,500.00) . The
balance of the purchase price is to be paid within 60 days
after the acceptance of the offer through escrow with a
mutually agreed upon bank or title company. At the close of .
escrow, the City of Lodi's Grant Deed subject to easements and
encumbrances of record will be delivered to the successful
bidder. If the successful bidder fails to complete the
purchase of the property in accordance with the teras hereof,
his deposit will be forfeited and retained by the City of Lodi
as liquidated damages and he shall forfeit all rights
hereunder. It is agreed that damages in the event of failure
to complete the purchase would be difficult to ascertain and
that such sum represents a reasonable attempt to ascertain
- what such damages would be. The successful bidder agrees to
pay for the cost of all escrow and recording fees, documentary
transfer taxes,_and title insurance if desired. she City will
pay for the cost of publishing this resolution..
BE IT FURTHER RESOLVED that bids must be submitted for
the entire property hereinabove described. The following;
matters concerning said real property should be noted and -
taken into consideration by prospective bidders: that the
property has existing easements; that the developer of the
property is responsible for the completion of construction of
the cul-de-sac at the end of Awani Drive, that - the City gives
no guarantee as to the soil conditions, which may limit the
Y. feasibility of building on the property as the area has been
used as City landfill for many years; that prior to September
81-173
-I_
3
30, 1982 additional leaves may be removed from subject
property and the -existing ground may vary from what presently
exists; that the developer is responsible for all normal City
policies and fees covering like developmaents within the City,
including storm drainage; and that a vehicular access is being
'retained along the south 15.00 feet of the property for the _
City of Lodi and Southern Pacific Company.
BE IT FURTHER RESOLVED that July 7, 1982 at the hour
of 8:00 p.m. is the time when, and the City.Council Chamber,
City Hall, 221 W. Pine Street, Lodi, California is the place
where a regular meeting of the City Council of the City of
Lodi will be held at %-7hich time sealed proposals to purchase
the said real property will be opened -and considered. Before
accepting any written proposal, the City Council will call for
oral bids. If, upon the call for oral bids, any responsible
person offers to purchase the property for a price exceeding
by at least five (5). percent of the highest written proposal,
then the highest oral bid by a responsible person shall be
finally accepted. To submit an oral bid, each such bidder
must deposit in cash or cashier's check the anount of ONE
THOUSAND FIVE HUNDRED DOLLARS ($1,500.00). The balance of the
purchase price shall be paid' in the -manner specified above_
The City Council of the City of Lodi reserves to
itself .the right to reject any or all bids, either written or
oral, and the right to withdraw the property from sale.
BE IT FURTHER RESOLVED that the notice of the adoption
of this resolution, and the time and place of holding said
81-173
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meeting, shall be given by posting copies of this resolution,
signed by the City Clerk of the City of Lodi in three public
places in the City of Lodi, as folio is, to wit: .
One on the bulletin board at the north
entrance to City Hall, 221 W. Pine Street,
Lodi, California ,
One on the bulletin board at the entrance to
-the Public Safety Building, 230 W. Elm
Street, Lodi, California
One on the bulletin board located at the
Lodi Public Library, 201 YT. Locust Street,
Lodi, California
not less than fifteen (15) days before the date of the
meeting, and by publishing notice of the adoption of this
resolution not less than once a week for three (3) successive
weeks before the meeting in the Lodi Life and Times, a
-- newspaper of general circulation published in the City.of
Lodi.
Dated: December 9, 1981
I hereby certify that Resolution No. 817173 was passed
and adopted by the City Council of the City of Lodi in
a regular meeting held December 9, 1981 by the
following vote:
Ayes: Councilmen - Hughes, Murphy, Pinkerton,
Katnich and McCarty
Noes: Councilmen - None
Absent: Council,uen - one
ALICE 14.: R IMCHE '
City Clerk ' . • ;
"FOR INFORMATION CONCERNING THIS :•TATTER, PLEASE COIJTACT THE
CITY OF LODI PUBLIC WORKS DEPARTME114T - (209) 334-5634."
81-173
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0
CXN161T �� C r�
June 28, 1982
City Council
City of Lodi
221 W. Pine Street
Lodi, CA. 95240
Attention: Alice M..Reimche
Subject: Resolution No. 81-173
Dear Ms. Reimche:
Pursuant•to the City Council of the•City of Lodi.declaring
its intention to sell surplus real property and in accord-
ance with the property description, survey map and other
conditions contained in the subject resolution, I submit
my bid in the amount of Ten Thousand Three Hundred and Fifty
Dollars ($10,350.00) to purchase said property.
Enclosed is a cashier's check in the amount of Fifteen
Hundred Dollars ($1,500.00) as deposit required by you.
Respectfully submitted,
HOWARD D. ARNAIZ
1073 Awani Drive
Lodi, CA. 95240
Mailing Address:
P.O. Box 8492
Stockton, CA. 95208
CURVE MAP of SURVEY k
�ryE Mo. It44i Gtfq 'ufy1 TOS_ • COC t .aufeii • •
Q '" 1 °'° 1 "' ' ' "`'�'^`` A portion of the southeost quarter of =
•�� .a,`.. r4 O' •+! ••Jf•.l�:ig }r rs of sass I ! rPii•r•e"
Section 36, TAN.,R,6E.,M.D.8.81M.,
City of Lodi, Son Jooquin County,Colif.
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