HomeMy WebLinkAboutAgenda Report - July 17, 1996 (85)AGENDA TITLE: Purchase Agreement for Neighborhood Park and Street Right of Way at
Tienda Drive East of Target Development ($330,000)
MEETING DATE: July 17, 1996
PREPARED BY: Public Works Director
RECOMMENDED ACTION: That the City Council approve the agreement for the acquisition of
approximately 3.7 acres for a neighborhood park and the entire width of
Tienda Drive fronting that property, authorize the City Manager to execute
the agreement, appropriate funds as shown below, and authorize staff to
pursue completion of Tienda Drive and Kettleman Lane along the parcel south of the park.
BACKGROUND INFORMATION: At the City Council's direction, City staff has been negotiating with
the property owners for the acquisition of additional land adjacent
to and west of the park site donated to the City by the Roget Trust.
This additional land needed for the expansion of the Roget Park
and Tienda Drive right of way is shown on Exhibit A. The Master Park Plan and the City's Development
Impact Mitigation Fee Program show this project funded through park and recreation fees. A copy of
the purchase agreement is attached as Exhibit B.
Under this agreement, the City will pay the owners $300,000 for the property and will have a parcel
map prepared. The owners of the parcel are not interested in developing the remainder of the land and
it is for sale. They do not want credit for the development of the remainder parcel as part of the
payment. However, there is a single-family residence on this property and they asked that credit for
water and wastewater fees be given when this house is connected to the City systems. If City utilities
are not connected to the house prior to development of the remainder parcel, the parcel will receive a
credit based on current fees for the single-family house. The credit will not exceed $13,000, which
includes sewer capacity fee, water meter cost and Development Impact Mitigation Fees for the existing
quarter -acre, single-family residential use.
As part of the negotiations, the owner asked that the remainder of the property from Tienda Drive to
Kettleman Lane be rezoned for commercial use. City staff cannot apply for this rezoning nor guarantee
the outcome of the application. However, if the owner wants to apply, the City will, as part of the
purchase agreement, cover the cost of the application and filing fees for the General Plan Amendment,
rezoning, preliminary environmental assessment and the negative declaration at its current cost of
$1,800. The City will not prepare any documents for rezoning. We have also sent a separate letter
describing staff's position on this matter. See Exhibit C.
APPROVED:
% H. Dixon Flynn -- CityManager
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Purchase Agreement for Neighborhood Park and Street Right of Way at Tienda Drive
East of Target Development ($330,000)
July 17, 1996
Page 2
According to the conditions in the agreement, the total cost to purchase the 3.7+ acres will be
$317,540. In addition to the purchase cost, the City will also have some costs for title insurance and
other title work. The funds for this purchase will come from the Parks and Recreation Impact Fee Fund.
The City can be reimbursed for one-half the acquisition and improvements costs for Tienda Drive under
the terms of a reimbursement agreement (LMC 16.40.030) when the property to the south develops.
By acquiring the total width of the street now, improvements can be completed for the entire width.
Staff is also requesting authorization to begin negotiations to acquire the Tienda Drive and
Kettleman Lane right of way from the church located to the east of this property. This will allow orderly
development and improvements in conjunction with the approved projects east of the park.
FUNDING: Parks and Recreation Impact Fee $330,000
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Jack L. Ronsko
Public Works Director
Prepared by Sharon Blaufus, Administrative Assistant
JLR/SB/Im
Attachments
cc: City Attorney
Parks and Recreation Director
Betty Seibly
Property Owners
CACODUNS.DOC 7/9!96
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EXHIBIT B
AGREEMENT
THIS AGREEMENT, entered into this 90 day of Ttcn e- , 1996, by and
between RONALD C. DUNSCOMBE, DOROTHY LEE BEEVE, MARJORY D. HILLIER
and DAVID K. DUNSCOMBE, hereinafter "Seller', and the CITY OF LODI, a municipal
corporation, hereinafter "City".
WITNESSETH:
WHEREAS, SELLER is the owner of a certain parcel of land designated as
APN 027-040-65 and 027-040-66, containing a 3.7± -acre parcel north of the south line
of future Tienda Drive which the CITY desires to acquire for park and street purposes.
WHEREAS, said land to be acquired is a portion of a larger parcel containing
approximately 5.24 acres.
WHEREAS, the remainder of the parcel is presently zoned RCP and contains a
single-family dwelling not connected to City water and wastewater services and
SELLER wishes to apply for a rezoning.
NOW THEREFORE BE IT AGREED AS FOLLOWS:
In consideration of the mutual covenants, terms and conditions herein contained, it is
mutually agreed that:
1. SELLER agrees to sell and CITY agrees to purchase that certain 3.7+ -acre
parcel of land to be shown on a future parcel map. The parcel to be acquired is
shown on the attached Exhibit A and is a part of this agreement.
2. CITY shall pay SELLER the sum of $300,000 when title transfers free and clear
> of all liens and encumbrances, except current taxes due and easements of
record, if any.
3. CITY will bear the entire cost of surveying the property and preparing a parcel
map. SELLER agrees to sign the parcel map when it is completed. The life
estate presently shown as APN 027-040-66 will be eliminated on the map. Any
costs involved in eliminating the life estate, other than the engineers fees to
prepare the map, will be the SELLER'S responsibility.
CITY agrees to diligently pursue the completion of the survey and preparation
and recording of the parcel map.
4. CITY will cover the current cost of application and filing fees for a General Plan
Amendment, rezoning, preliminary environmental assessment and negative
declaration for the remainder parcel for commercial use. The current cost is
$1,800. However, CITY will not prepare any of the documents needed in
connection with rezoning nor guarantee the outcome of the application.
5. CITY will give SELLER credit for water and wastewater fees for the existing
single-family dwelling situated on the remainder parcel when utilities are
available. Sewer capacity fees, water meter installation fees, and water and
wastewater Development Impact Mitigation fees required upon connection to
the City's water and wastewater systems will be included in the credit. CITY will
not install or extend water and wastewater mains to service this dwelling.
In the event utilities are not connected prior to development of the remainder
parcel, CITY will give that parcel credit for the above fees based on the current
fees that would be charged for the existing 3 -bedroom dwelling on one-quarter
acre of land. This credit will not exceed $13,000.
6. CITY acknowledges that the property is served by the Woodbridge Irrigation
District and CITY will maintain the pipe serving the remaining property until
City water is available.
7. CITY shall process and pay for recording of the parcel map and deed and pay
all title, escrow, and recording fees to the extent they apply but shall not pay
taxes due prior to close of escrow.
8. Escrow will not close until such time as a proper legal description has been
prepared and placed in escrow.
-2-
9. 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.
10. This agreement is binding on heirs, executors, administrators, and assigns of
the parties hereto.
11. 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
By:
Attest:
H. Dixon Flynn, City Manager
Jennifer M. Perrin, City Clerk
Approved as to form:
Randall A. Hays, City Attomey
Dated
-3-
SELLER
Dated:
CITY COUNCIL
DAVID P. WARNER, Mayor
PHILLIP A. PENNING
Mayor Pro Tempore
RAY C. DAVENPORT
STEPHEN J. MANN
JACK A. SIECLOCK
June 25, 1996
Dunscombe Family
c/o Marjory Hillier
412 Buena Vista Drive
Modesto, CA 95354
Dear Ms. Hillier:
CITY OF NODI
CITY HALL, 221 WEST PINE STREET
P.O. BOX 3006
LODI, CALIFORNIA 95241-1910
(209) 333-6711
FAX (209) 333-6842
EXHIBIT C
H. DIXON FLYNN
City Manager
JENNIFER M. PERRIN
City Clerk
RANDALL A. HAYS
City Attorney
In discussion with Richard Prima regarding the City's desired acquisition of the rear
(north) portion of the Dunscombe property, we felt a letter confirming the various
conversations would be prudent.
As part of the negotiation between the City and the Dunscombe family, the question of
rezoning the property fronting Kettleman Lane has been raised. City staff has offered to
pay the application processing fees for this request, but we will not allow the desire for
acquisition cloud our judgment for recommendation on the matter. In fact, I feel that my
position on the issue was fairly communicated to Betty Seibly in our meeting on June 12,
1996. Betty and I discussed that along with the zoning issue, a General Plan Amendment
will be required. More importantly, however, is the issue of land use. Clearly I will not
support a request that exacerbates the potential conflict with the Central City
Revitalization Plan.
I trust this clarifies the City's position. If you have any questions, please feel free to call
me at 333-6711.
Sincerely,
Konradt Bartlam
Community Development Director
KB/lw
cc: Betty Seibly
City Engineer
Iw 0:1DEPT %PLANNINGILETTERS\DL NSCOMB.DGCIw
RESOLUTION NO. 96-96
A RESOLUTION OF THE LODI CITY COUNCIL
APPROVING ACQUISITION OF APPROXIMATELY 3.7 ACRES
FOR A NEIGHBORHOOD PARK AND STREET RIGHT-OF-WAY AT
TIENDA DRIVE; AUTHORIZING STAFF TO PURSUE COMPLETION OF
TIENDA DRIVE AND KETTLEMAN LANE ALONG THE PARCEL SOUTH
OF THE PARK; AND APPROPRIATE $330,000 FROM THE PARKS AND
RECREATION IMPACT FEES FOR THE PROJECT
BE IT RESOLVED that the purchase agreement for the neighborhood park and
street right-of-way at Tienda Drive, East of Target Development is hereby approved and
funds in the amount of $330,000 are hereby appropriated from the Parks and Recreation
Impact Fees for the project, and
BE IT FURTHER RESOLVED that staff is hereby authorized to pursue completion
of Tienda Drive and Kettleman Lane along the parcel south of the park; and
FURTHER RESOLVED that the City Manager and City Clerk are authorized and
directed on behalf of the Lodi City Council, to execute and deliver such agreement on
behalf of the City of Lodi.
Dated: July 17, 1996
I hereby certify that Resolution No. 96-96 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held July 17, 1996, by the following vote:
AYES: COUNCIL MEMBERS - Davenport, Mann, Pennino, Sieglock
and Warner (Mayor)
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
ABSTAIN: COUNCIL MEMBERS - None
IFE PERRIN
City Clerk
mi
CITY COUNCIL
DAVID P. WARNER, Mayor CITY OF L O D I
PHILLIP A. PENNINO
Mayor Pro Tempore
CITY HALL, 221 WEST PINE STREET
RAY G. DAVENPORT
STEPHEN J. MANN P.O. BOX 3006
STEPHEN
J. MANN
LODI, CALIFORNIA 952 41-1 910
JACK (209) 333-6706
FAX (209) 333-6710
July 11, 1996
Ms. Marjory D. Hillier Mrs. Betty L. Seibly
412 Buena Vista Dr. Schaffer Suess & Boyd
Modesto, CA 95354 P. O. Box 667
Lodi, CA 95241
H. DIXON FLYNN
City Manager
JENNIFER M. PERRIN
City Clerk
RANDALL A. HAYS
City Attorney
SUBJECT: Purchase Agreement for Neighborhood Park and Street Right of Way at
Tienda Drive East of Target Development
Enclosed is a copy of background information on an item on the City Council
agenda of Wednesday, July 17, 1996, at 7 p.m. The meeting will be held 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 the City Clerk at 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 Jennifer Perrin, City Clerk, at (209) 333-6702.
If you have any questions about the item itself, please call Sharon Blaufus at
(209) 333-6706.
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Jack L. Ronsko
Public Works Director
JLR/Im
Enclosure
cc: City Clerk/
NCACODUN.DCC