HomeMy WebLinkAboutResolutions - No. 3857RESOLUTION NO. 3857
AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN
THE CITY OF LODI AND GRAND AUTO, INC.
RESOLVED, that the City Council of the City of Lodi does
hereby ratify and approve agreement dated the 12th day of
December, 1973, a copy of which Agreement is attached hereto;
and hereby authorizes the City Manager of the City of Lodi. to
execute said Agreement on behalf of the City.
Dated: December 12, 1973
I hereby certify that Resolution No. 3857 was passed and
adopted by the City Council of the City of Lodi in an
adjourned meeting held December 12, 1973 by the following
vote:
Ayes: Councilmen - Ehrhardt, Katnich, Pinkerton, and
Schaffer
Noes: Councilmen - None
Absent Councilman Hughes
3857
AGREEMENT
THIS AGREEMENT entered into this 12th day of December,
1973, by and between GRAND AUTO, INC., hereinafter called Grantor,
and the CITY OF LODI, hereinafter called City;
W ITN E S S E T H;
1. Grantor agrees to grant to the City and the City agrees
to accept a Grant Deed for that certain real property on Lodi
Avenue and Hutchins Street in the City of Lodi, County of
San Joaquin, State of California, described in Exhibit "A"
hereto attached and incorporated herein by reference and as
shown on Map attached hereto as Exhibit "B" and incorporated
herein by reference.
2. City agrees to pay Grantor the sum of $10,500.00
for the property above described when title is transferred
to City free and clear of liens and encumbrances except
1973-74 taxes and utility easements of record, if any.
3. City has, pursuant to an Order of Immediate Posses-
sion entered by the Superior Court of the State of California,
County of San Joaquin, made certain improvements, consisting
of the widening of Lodi Avenue and Hutchins Street. City has
removed and replaced the existing curb, gutter, sidewalk,
street paving, and three driveways in the area described
in Exhibits "A" and "B" hereto attached and has conformed
yard paving to the new sidewalk. Grantor agrees that said
improvements have been properly made and installed and City
agrees that said improvements are to be at no expense to
the Grantor.
4. Both parties understand and agree that included in
the amount payable under Paragraph 2 above is payment in full
to compensate Grantor for the expense of removing or relocat-
ing the following improvements.
(a) Pole -mounted sign and electrical
connections on Lodi Avenue and,
(b) Wocden barrier between parking lot
and piihlic sidewalk outside of the area
described above.
5. Both parties hereto agree that there shall be no
proration of taxes, but that City will cause future tax
assessments as to the property herein described to be cancelled.
fees.
6. City agrees to pay all title, escrow, and recording
7. Both parties agree to recording of the Deed.
8. The parties hereto agree that, upon close of escrow,
the City of Lodi will dismiss condemnation proceeding number
112372, now pending in the Superior Court of the State of
California, for the County of San Joaquin. Grand Auto, Inc.
agrees and stipulates that the City of Lodi may make applica-
tion to the San Joaquin Superior Court for release of the
security deposit referred to in the Order of Immediate
Possession in the sum of $7,600.00.
9. Both parties agree that they have set forth herein
the whole of their Agreement. The performance of this Agree-
ment constitutes the entire consideration and shall relieve
City of all further obligation or claims.
IN WITNESS WHEREOF, the parties have executed this Agree-
ment the day and year hereinabove written.
GRAND AUTO,
2)/
BY: e-')
., a Corporation
- I
CITY OF LODI, a Ounicipal Corporation
/
By: /,
HENRY A. 9LAVES, JR.
City Manager
A portion of Lots 1, 2, 3, 4, 5, and 10 in Block 1, STURLA SCHOOL ADDITION, as
shown upon map filed for record April 6, 1920 in Volume 10, Page 6, Book of Maps
and Plats, San Joaquin County Records, being more particularly described as follows:
Beginning at the Northwest corner of Lot 1 of said STURLA SCHOOL ADDITION; thence
North 86° 23' East along the North line of Lots 1, 2, 3, 4, and 5, 270.00 feet to the
Northeast corner of Lot 5; thence South 3° 50' West, along the East line of Lot 5, 30.56
feet; thence 17.01 feet along a curve to the left, said curve having a radius of 10.00
feet, a central angle of 97° 27' and a long chord which bears North 440 53' 30" West;
thence South 86° 23' West, parallel to the North line of Section 12, Township 3 North,
Range 6 East, and 44.00 feet South of, as measured perpendicular to, said North line,
231.33 feet; thence 25.63 feet along a curve to the left, said curve having a radius of
17.00 feet, a central angle of 86° 23' and a long chord which bears South 430 11" 30"
West, thence South, parallel to the West line of said Section 12 and 40.00 feet East af,
as measured perpendicular to, said West fine 154.53 feet; thence South 86' 23' West,
10.01 feet to the West line of Lot 10 of said STURLA SCHOOL ADDITION; thence North,
along the West line of said Lot 10 and Lot 1, 189.53 feet to the point of beginning.
EXCEPT from said Lots 1, 2, 3, 4, and 5 of the North 121 feet, as conveyed to the
City of Lodi, by deed recorded March 5, 1951, in Vol. 1337 of Official Records, Page 37,
San Joaquin County Records.
CITY OF LODI
Pt. of Beg
NW Cor
Lot 1
35
LLJ
LLI
,
r)
ecKed
PUBLIC WORKS DEPARTMENT
Lc)
\ 0 D
/- FR
A- 06-23'
W.
17.R.P...Nt"." AUTO INC..
- 25-00" Z7d
cD s
•
2
3
IC). C)1' ac -6-- cc" w
Dru.e,r, Rev.v.:•ci AppFpyed By
No -17709-3
DoTe Wcr-xi C:liftctor
j A t•4 .2. 72.
1072o
SC 7/71