HomeMy WebLinkAboutResolutions - No. 79-93RESOLUTION NO. 79-93
RESOLUTION ACCEPTING DEDICATION BY THE BOARD OF
TRUSTEES OF THE LODI UNIFIED SCHOOL DISTRICT OF
SAN JOAQUIN COUNTY FOR NO MONETARY CONSIDERATION
OF AN EASEMENT FOR PUBLIC STREET AND RIGHT-OF-WAY
PURPOSES IN THE AREA OF LAWRENCE SCHOOL
RESOLVED, that the City Council of the City of Lodi
does hereby accept dedication by the Board of Trustees of the
Lodi Unified School District of San Joaquin County, for no mone-
tary consideration of an easement for public street and right-
of-way purposes in the area of Lawrence School, and more partic-
ularly described as follows:
Beginning at the Northeast corner of that parcel
of lane deeded to the LODI UNIFIED SCHOOL DISTRICT in
Book 2265, page 54, Official RScords, San Joaquin
County Records; thence South 0 07' 30" East, along
the East line of said parcel 467.50 feet; thence 47.91
feet along a non -tangent curve to the right said curve
having a radius of 30.50 feet, a central angle of 90°
00' 00", and a long chord which bears North 45° 07' 30"
�7est• th-nce North 0 07' 30" West, 16.50 feet; thence
SoL'th 896 52"30" West, 22.0 feet; thence North 0° 07'
30 West, 208.50 feet; theonce North 44' 52' 30" East,
32.53 feet; thence North 0 07' 30" [lest, 139.00 feet;
thence 33.77 feet along a curve to the left, said curve
having a radius of 21.50 feet, a central angle of 90°
00' 00", and a long chord which bears North 450 07' 30"
West; thence South 89° 52' 30" West, 769.12 feet;
thence 30.06 feet along a curve to the left, said curve
having a radius of 20.00 feet, a central angle of 860
07' 00", and a long chord which bears South 460 49' 00"
West; thence North 86 14' 30" West, 10.00 feet to a
point in the ?,lest line of that parcel of land deeded
to the LODI UNIFIED SCHOOL DISTRICT; thence North 3°
45' 30" East, along said West line, 46.58 feet to the
Northwest corner of said parcel; thence North 890 52'
30" East, along the North line of said parcel, 846.90
feet to the point of beginning.
Dated: July 3, 1979
I hereby certify that Resolution No. 79-93 was passed
and adopted by the City Council of the City of Lodi
in an adjourned regular meeting held July 3, 1979 by
the following vote:
Page 'To. 2
Ayes: Councilmen - Hughes, Katnich, McCarty,
Pinkerton and Katzakian
Noes: Councilmen - None
Absent: Councilmen - None
ALICE M. REIMCHE
City Clerk
79-93
ti
COUNTY COUNSE-_ 7C"5='"°•i �A
OF SAV �,�.a l„ C9!1NTy a Y `j
i.
CTOCKTON. CALIF. 95202
DEED OF DEDICATION J coU!4TY COUNSG.
THE LODI UNIFIED SCHOOL DISTRICT OF SAN JOAQUIN COUNTY does
hereby dedicate to the City of Lodi, a municipal corporation of
the State of California, an easement for public street and right-
of-way purposes over and upon the land belonging to the District.
Said easement is more particularly described as follows, to wit:
Beginning at the Northeast corner of that parcel
of land deeded to the LODI UNIFIED SCHOOL DISTRICT in
Book 2265, page 54, Official Records, San Joaquin
County Records; thence South 0° 07' 30" East, along
the East line of said parcel 467.50 feet; thence 47.91
feet along a non -tangent curve to the right said curve
having a radius of 30.50 feet, a central angle of 900
00' 00", and a long chord which bears North 450 07' 30"
West; thence North 0° 07' 30" West, 16.50 feet; thence
South 890 52' 30" West, 22.0 feet; thence North 0° 07'
30" West, 208.50 feet; thence North 440 52' 30" East,
32.53 feet; thence North 00 07' 30" West, 139.00 feet;
thence 33.77 feet along a curve to the left said curve
having a radius of 21.50 feet, a central angle of 900
00' 00", and a long chord which bears North 450 07' 30"
West; thence South 89° 52' 30" West, 769.12 feet;
thence 30.06 feet along a curve to the left said curve
having a radius of 20.00 feet, a central angle of 86°
07' 00", and a long chord which bears South 460 49' 00"
West; thence North 860 14' 30" West, 10.00 feet to a
point in the West line of that parcel of land deeded
to the LODI UNIFIED SCHOOL DISTRICT; thence North 30
45' 30" East, along said West line, 46.58 feet to the
Northwest corner of said parcel; thence North 89° 52'
30" East, along the North line of said parcel, 846.90
feet to the point of beginning.
This Deed is executed on the following conditions:
1. Should the Grantee, City of Lodi, or its successors or
assigns at any time permanently and finally, by pro-
ceedings of record, abandon the use of said real prop-
erty for public street and right-of-way purposes, title
to said real property shall revert without notice unto
Grantor Lodi Unified School District, its successors or
assigns, free from said easement, and the said Grantor,
its successors or assigns, shall have the right of_imme-
.diate reentry upon said real property in the event a)f
such abandonment as set forth herein; the said condition
aforesaid is to apply to and be binding upon the successors
and assigns of the respective parties hereto.
2. The City of Lodi, a municipal corporation of the State
of California, shall pay for the full cost of publishing
this resolution. The District- will not pay for any
surveying, title, engineering, or other charges in con-
nection with this transaction.
3. Grantee shall be responsible for the repair of all
damage to Grantor's real and personal property caused
by Grantee's construction and maintenance operations.
4. Grantee shall, at its expense, forthwith construct on
said described real property public street improvements
7957174
continuous to the curb and gutter improvements presently
existing on said real property with the understanding
that such construction is properly the obligation of the
Grantor pursuant to City Ordinance No. 1142 and Education
Code Section 39606, and upon the condition that the
Grantor shall subsequently reimburse Grantee for the
actual cost of such construction, exclusive of engineering
fees, which cost shall not exceed TWENTY-FIVE THOUSAND
DOLLARS ($25,000.00), such reimbursement to become due
and owing to Grantee upon the happening of either of the
following events:
(1) Upon the sale by Grantor of the real property con-
tiguous to the hereinabove described real property;
or
(2) Upon the commencement of construction by Grantor of
permanent school buildings on the real property
contiguous to the hereinabove described real prop-
erty.
In the event that reimbursement is paid to Grantee within
ten (10) years from the date of this dedication, Grantor
shall not be obligated to pay Grantee any interest on
-the amount of actual costs initially incurred by Grantee
in improving said street. In the event, however, that
full payment is not made within said ten (10) year period,
interest shall commence to run on the balance due and
owing to Grantee at the then legal rate from and after
the tenth anniversary of this dedication.
5. Grantor shall install, at its expense, sidewalk improve-
ments on Donner Drive and provide other improvements as
may be needed or required by City Ordinance at the time
development of permanent school buildings is commenced
as described in Paragraph 4 herein.
This Deed of Dedication is executed pursuant to Resolution
No. 79-21, adopted on June 19, 1979, by a two-thirds vote of all
the members of the Board of Trustees of said District, a certified
copy of which resolution is attached to this Deed of Dedication
and made a part thereof.
n,.
DATED: 1979.
LODI UNIFIED SCHOOL DISTRICT
OF SAN JOAQUIN COUNTY
ATTEST:
BY _
NA CY E;GE7SON, esident
GEORGE RAHAMSON, Clerk Board ouste
Board of Trustees
APPROVED AS TO FORM:
GERALD A. SHERWIN
County Counsel
By� / '
MARK F. ORNELLAS
Deputy County Counsel
APPROVED AS TO DESCRIPTION:
WILLIAM J. WARD
County Surveyor
By
ROBERT G. SCHRAMEK
Deputy
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STATE OF CALIPIORNIA
COUNTY OF ...Y��c� � ar ."^- ss.
..........
' OffIC1AL SEAL 0
SBarbara J. Minton
NOTARY ►UPLIC - CALIFORNIA
' Is
COUNTY Of SAN JOAQUIN
0 _ y Coesnissien Expires March 8, 1980 j
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7957174
On this .....%............. day of //... .-..! :.-� ...... 1n the y� thousand nine
hundred and ......%.I ............ �Gefore me, ....7� y -�
a Notary Public, State of California, duly commissioned (s�d sworn, pe�onally
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known to me to be the persons.., whose name,% ............ subscribed to the within
instrument and acknowledged to me that ..chef . executed the same.
IN WITNESS WHEREOF have hereunto set my hand and affixed my
official seal in the ......................... County of >..... the day and year
in this certificate firs about written. G
This document is only a general form which may be proper tot use in simple transactions ........................"'
and m no way aces, or is intended to act. as a substitute for the advice of an attorney. Notary 4 State of California
The publ�iher does not make any werromy, either express or implied 11 t0 the legal G �
validity of any provision or the suitability of these forms in any specific transacNoa M eommLSS10n expires ../...
My p .,..............................
Cowdery's Form No. 32—Acknowledgement—General (C. C. Sec. 1190s)
79571'4
3EFOP.E THE BOARD OF TRUS',';ES OF THE LODI ;;NIFIED
SCHOO! DISTRICT OF SAN JOAQUIN COUNTY
RESOLUTION 79-21
RESOLUTION AUTHORIZING AND DIRECTING EXECUTION AND DELIVERY Or7 DEED
TO THE CITY OF LODI FOR AN EASEMENT FOR PUBLIC STREET PURPOSES
(1AWRELYCE S',P)OL SITE)
WHEREAS, the hereinafter described real property is now owned
by the Lodi Unified School District of San Joaquin County; and
WHEREAS, the Board of trustees of the Lodi Unified School Dis-
trict finds that there is a public necessity for dedicating an
easement by the District to the City of Lodi, a municipal corpor-
ation: of the State of California, to be used for public street
and r.ght-of-way purposes, said real property being more particular.1y
described hereina°ter; an. -i
WHEREAS, the hereinafter described real property is not Needed
for the purposes of public school facilities; and
WHEREAS, the Board of Trustees of the Lodi Unified School Dis-
trict of San Joaquin County did, by Resolution No. 79-20 adopted
in regular open mectinq on June71, 1979, by a two-thirds vote of
all its members, daclare its inte.-tion to dedicate an easement for
public street and riht-of-way purposes over and upon the herein-
after described real property to the City of Lodi, pursuant to the
provisions of Sections 39540-39515, inclusive, of the Education
Code, and this Board did specify in said resolution the ny.:rposes
for which and the terms upon which said easement will be dedicated,.
and did in said resolution fix a time, to wit, June 19, 1979, at
7:30 p.m., rct less than ten (10) days thereafter for a ?1b'llc
meeting of this Board of Tr-ustees for a public hearing to consider
the glestion of .a -ging the dedic-Lion; .tau
?"FIE REAS, notice of the adoption of tl:e resolution and time and
place of holding t;ie -heetinc was given by postin.;, June _
1979, copies of the resolution signed by the members of the Board
of Trustees, in three public places in the Lodi Unified School Dis-
trict not less than _gin (10) days before the date of the r.teeting,
791174
as shown by the Declaration of Pasting b;otice of Robin L.
Fuller the person s:iZc did the posting, and by pub-
lishing the resolution once, on June S , 1979, not less than
five (5) days before the date of the meeting in the Lodi News -
Sentinel, a newspaper of general circulation published in the Dis-
trict, as shown by the Proof of Publication; and
WHEREAS, no written or oral protests against the proposed
dedication have been filed with the Board of Trustees at the meeting
held this 19th day of June, 1979, at 7:30 p.m.;
NOW, THEREFORE, BE IT 2ESOLIIED by the Board of Trustees of the
Lodi Unified School District of San Joaquin County that it dedicate,
and it does hereby dedicate, for no monetary consideration, to the
City of Lodi, a municipal corporation of the State of California,
an easement for public street and right-of-way purposes upon the
land belonging to the District, said real property being more par-
ticularly described as follows, to wit;
at e 'Northeast corner of that parcel of
iand %ced=_d tc, _., I UF,IFIL•D SCHOOL DISTRICT in Book
2265, oa:;c 5',, r' _c_::1 Records, San Jo+inuin Count-: Records;
�..._... _. _„_�h `) ill" r,sc. ;tlon-+ th,2 .'.t t lin,_Of said
p,?Y.:.... 467, :1j , til _ ce ' 7.7 L feet along a non -=anent
to Liv-, r.: said -urge itavii, a radius of 30.50 feet,
cc::,_r;a an : L , t0" 00' 00" and a ton; chore :ah ich
hc: r:, si1rC 5' 3t)" '..:est; then :e idorth 01) 07 10"
16.50 fC]C; _.. n .,auth 890 52' 30" 1•'est 22.0 feet; thence
?orth O0 07' 30" n.. _. 208.50 fe thence_ :
right -o£ -way purposes, title to said real property shall revert
without notice ;into Grantor Lodi '_:ified School District, its suc-
cessors or assigns, free from said easement, and _c:e said Grantor,
its successors or assigns, shall have the right of immediate re-
entry upon said real property in to event of such abandonment as
set forth herein; the said condition aforesaid is to apply to and
be binding upon the successors and assigns of the respective
parties hereto.
2. The City of Lodi, a municipal corporation of the State of
California, shall pay for the full cost of publishing this reso-
lution. The District will not pay for any surveying, title,
engineering, or other charges in connection with this transaction.
3. drantee shall be responsible for the repair of all damage
to Grantor's real and personal property caused by Grantee's con-
struction and maintenance operations.
4. Grantee shall, at its expense, forthwitL construct on
said described real property public street impro:aments contiguous
to the curb and gutter improvements presently existing on said real
proparty with the understanding that such construction is properly
the obligation of the Grantor pursuant to City Orlinance tio. 1142
and Education Code Section 39606, and upon the condition that the
Grantor shall subsequently reimburse Grantee for the actual cost
of such construction, exclusive of engineering fees, which cost
shall not exceed 7,7ENTY-FIVE THOUSAND DOLLARS (S23,000.00), such
reimbursement b become due and owing to Grantee apon the happening
of either of the following events:
(1) Upon the sale by Grantor of the real property contictlous
to the hereinabove described real property; or
(2) Upon the commencement of construuLion _ Grantor of
permanent school buildings on the real property con-
tiguous to the hereinabove described real property.
In the event- that reimbursement is paid to Grantee within ten (10)
years from the date of this dedication, Grantor shall not be obli-
gated to pay Grantee any interest on the amount of actual costs
- 3 -
7957174
initiallv incurred by Grantee in _proving said street. In the
event, however, that full paymen. '.s not made within said ten 110)
year period, interest shall coxmience to run on the balance due and
owing to Grantee at the then legal rate from and after tl:e tenth
anniversary of this dedication.
5. Grantor shall install, at its expense, sidewalk improve-
ments, on Donner Drive and provide other improvements as may be
needed or required by City Ordinance at t, -.e time development of
permanent school buildings is corcmenced as described in Paragraph
4 herein.
BE IT FURTHER RESOLVED that the Grantor, Lodi Unified School
District, will not pay any surveying, title, or anv other charges
in connection with this dedication.
BE IT FURTHER RESOLVED that Nancy Engelson, President of Chis
Board of Trustees, be, and s?,e hereby is, authorized and direcaed
to execute on behalf of said District a Deed of Dedication of said
real property in accordance with this resolution, and that George
Abrahamson, Clerk of this Board be, and he hereby is, authorize"
and tr� attest the sic:natjirc Of the President of this Board
of Trustees.
BE IT FURTHER RESOLVED that the County Counsel of S.in Joaquin
County shall prepare said Deed of Dedication and that said deed
shall be deli°:ered to the City Clerk of the City of Lodi, a munici-
pal corporation o= the State of California.
PISSED AND ADOPTED at a regular meeting of zhe Board of
Trustees of the Lodi unified School District of San Joaquin County
by a twc-thirds .rote of all its members this 19th lay of June, 1979,
to wit:
:LYES: Abrahamson; Meyer; Buck; Engelson; Pickering; Vatsula; Wisenor
NOES: None
ABSENT: None
ATTEST:
GEORGE ASR=_H_rISON, Clerk
Board of Trustees
N ici f N LSO:', President
E .rd Trustees
Lodi UnLfied School District
of San Joaquin County
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CERTIFSCATION
I HEREBY CERTIFY the foregoing to be a full, true and correct
copy of Resolution No. 79-21, passed by the Board of Trustees of
the Lodi Unified School District of San Joaquin County by a two-
thirds vote of all its members on the 19th day of June, 1979, the
original of which is on file in the District Office.
DATED: June 19 , 1979.
�1-
ORG ABI AHA1 ON, Clerk
Board of Trustees
APPROVED AS TO FOR: I:
GERALD A. SHERWIN
County Counsel
.f
LARK F. ORNELL :S
Deputy County Counsel