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Home My WebLink AboutAgenda Report - February 15, 2017 C-10CITY OF LODI COUNCIL COMMUNICATION N ITEMCum. 10 AGENDA TM AGENDA TITLE: Adopt Resolution Authorizing City Manager to Execute Improvement Deferral Agreement for 2351 Cabrillo Circle MEETING DATE: February 15, 2017 PREPARED BY: Public Works Director RECOMMENDED ACTION Adopt resolution authorizing City Manager to execute Improvement Deferral Agreement for 2351 Cabrillo Circle. BACKGROUND INFORMATION: The owner of the property located at 2351 Cabrillo Circle seeks to remodel, replace windows and create an addition to her home. Installation of public improvements consisting of sidewalk and street lights along the Cabrillo Circle frontage is required as a condition of building permit issuance as set forth in Title 15, Chapter 15.44 of the Lodi Municipal Code when the value of improvements exceeds $49,900. The property owner has requested to defer construction of the public improvements along Cabrillo Circle due to the absence of existing frontage improvements at adjacent parcels on Cabrillo Circle, as shown in Exhibit A. The owner has signed the Improvement Deferral Agreement and paid the necessary document preparation and recording fees. The Improvement Deferral Agreement requires the owner to pay for the design and installation of the public improvements at the request of the Public Works Director, in the reasonable exercise of his discretion, based on such factors as related and adjacent development in the area, or as determined by the City Council. The estimated cost of the deferred improvements is $14,000. Considering the absence of existing frontage improvements at the adjacent properties on Cabrillo Circle, staff recommends authorizing the City Manager to execute the Improvement Deferral Agreement for 2351 Cabrillo Circle. FISCAL IMPACT: Not applicable. FUNDING: Not applicable. Charles E. Swimley, Jr. Public Works Director Prepared by Kimberly Sobin, Assistant Engineer CES/KAS/tdb Attachments cc: City Attorney Deputy Public Works Director/City Engineer APPROVED: Stn chwabau-' City anager K:\WP\DEV_SERV\Deferral Agreements\CC_2351 Cabrillo Ci.doc — 1/31/17 44'`° CITY OF LODI Exhibit A 9<�Fow�' PUBLIC WORKS DEPARTMENT 2351 Cabrillo Circle 0 rn N h N N U 301 0 300 c C6 309 308 J 317 r4h 348 )iablo Dr. 316 354 a 204 V 208 'n m m n 10 1.0 (0 ID N N N N D, N N N N N N N N m co w w C. A CD w o O o 2396 CO CO N N N 2388 2370 2368 2364 2356 1) 2375 ':373 2361 2351 No Sidewalk (TYp) 311 2351 Cabrillo Circle 331 341 La Vida Dr. 334 344 354 2350 Cabrillo Circle Ex Deferral Agmt v v CO m CO CO CO N N N N N N N O 331 1 JdUKSOf o `.'i- N LJackson Ct. N O O 'c 'sir N N N N N N N N 241 0 E O N O O N N N O CV 4) O mo Cn N o o v N 261 o 262 '- 1 300 S= 320 N 330 340 346 Lodi Av. 315 314 327 326 335 343 351 Bella Vista Dr. 334 342 350 301 300 311 310 319 327 335 343 Del Mont St. 318 315 326 323 334 331 342 351 350 343 351 La Setta Dr. CVM N 350 N N m C.abrIII!ir. CO N O O m O N CO 15 314 322 330 342 317 323 327 335 343 D O O 2017 2016 � m O O N N Jacksol 253 Q 2 261 316 322 328 336 350 342 351 Existing Sidewalk (Typ) Woodbridge Irrigation District Canal (O O N N O O N N 321 327 0 4) 333 336 341 0 (>3 342 348 306 328 349 301 V CO O O N O CO N O O V .cr CO N N N N C bin Ln. om N 615 0 614 }1 N N O O Cr) N (O co 0 O V of N 0 0 V N N 0 N N N N N N N N O O N N N CV DI 615 DI CV 321 352 N W+E S 1 in = 250 ft WHEN RECORDED, RETURN TO. City Clerk City of Lodi 221 West Pine Street Lodi, CA 95240 IMPROVEMENT DEFERRAL AGREEMENT 2351 Cabrillo Circle, Lodi, California (APN 027-090-12) THIS AGREEMENT is made and entered into by and between the CITY OF LODI, a municipal corporation, hereinafter referred to as "City" and JACOBA M. ZUNINO, A MARRIED WOMAN, AS HER SOLE AND SEPARATE PROPERTY hereinafter referred to as "Owner". RECITALS: Owner is the owner of that certain real property situated in the City of Lodi, County of San Joaquin, known as 2351 Cabrillo Circle (APN 027-090-12) (the "Property") and described as follows: Lot 10, as shown upon map entitled, Tract No. 388, Kristmont Acres, Unit No. 1, filed for record June 1, 1955, in Vol. 14 of Maps and Plats, Page 54, San Joaquin County Records. WHEREAS, Owner has submitted a building permit application (#20161724) to remodel the existing dwelling on the Property; and WHEREAS, installation of public improvements consisting of sidewalks and street lights is required as a condition of permit issuance in accordance with existing City ordinances and policies regarding off-site improvements as set forth in Title 15, Chapter 15.44 of the Lodi Municipal Code; and WHEREAS, Owner is desirous of complying with existing City ordinances and policies regarding the installation of off-site improvements in conjunction with the above referenced building permit; and WHEREAS, sidewalk and street light improvements have not been installed on the adjacent residential properties on Cabrillo Circle and Owner has requested that the required off-site improvements be deferred; and WHEREAS, the Public Works Director has determined that it would be in the best interest of the City to have the off-site improvements installed at a later date; and WHEREAS, the City Council will approve the deferral of the required Cabrillo Circle improvements on condition that the Owner first enter into and execute this Agreement with City. NOW THEREFORE, in order to insure satisfactory performance by Owner of Owner's obligations under said City Code, the parties agree as follows: 1. Owner agrees that it is Owner's responsibility to pay for and complete the design and installation of sidewalks, in accordance with City standards, along the Cabrillo Circle frontage of the Property at such a date as determined by the Public Works Director in the reasonable exercise of his discretion, based on such factors as related or adjacent development in the area, as determined by the City Council, or at the request of a substantial number of property owners on Cabrillo Circle. Should Owner fail to complete the design and installation of sidewalk within 90 days after written notice is given by the City, the City is hereby authorized to complete the improvements for the account and the expense of Owner, and may file suit against Owner, its heirs, successors or assigns for the costs incurred, as well as for a reasonable sum to be allowed as and for the City's attorney fees incurred in connection with such litigation for the collection of the monies due or may file a lien against the Property for the costs incurred. K:\WP\DEV_SERVtDeferral Agreements\Cabrillo 2351 doc 1 2. Owner further agrees that at such time as the Property is included in a proposed street Tight district petition, at the City's request, Owner shall support and join in such petition and hereby waives objection to the creation of such street light district. 3. This Agreement shall run with the land and be binding on the Owner, its heirs, successors and assigns. 4. A copy of the Agreement shall be recorded in the office of the San Joaquin County Records, P. O. Box 1968, Stockton, California 95201-1968. 5. All notices herein required shall be in writing, and delivered in person or sent by registered mail, postage prepaid. Notices required to be given to City shall be addressed as follows: Charles E. Swimley, Jr. Public Works Director City of Lodi P. O. Box 3006 Lodi, CA 95240-1910 Notices required to be given to Owner shall be addressed as follows: Jacoba M. Zunino 4240 East Acampo Road Acampo, CA 95220 IN WITNESS WHEREOF, the parties hereto have set their hands the day, month and year appearing opposite their names. CITY OF LODI, a municipal corporation Dated 2017 8y: Stephen Schwabauer, City Manager Dated. /-13 / 7 2017 Attest: Jennifer Ferraiolo, City Clerk OWNER coba M.Zunino Zunino Approved as to form: Janice D. Magdich, City Attorney Dated 2017 2 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of Calif rni — County of vw Ljo ut p On JYV1A6 2017 before me, WLP1 l) 1\16 fO�Lt (insert name and title of Ke officer) personally appeared 2 to bA �' L . 7-antk/1i7 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) DENISE S. WIMAN ,-� Notary Public - California z •a''9ir San Joaquin County z y Commission # 2173636 jilt, .1% My Comm. Expires Nov 25,_20 0 RESOLUTION NO. 2017-17 A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE AN IMPROVEMENT DEFERRAL AGREEMENT FOR 2351 CABRILLO CIRCLE WHEREAS, the owner of the property located at 2351 Cabrillo Circle seeks to remodel, replace windows, and create an addition to her home; and WHEREAS, installation of public improvements consisting of sidewalk and street lights along the Cabrillo Circle frontage is required as a condition of building permit issuance as set forth in Chapter 15.44 of the Lodi Municipal Code when the value of improvements exceeds $49,900; and WHEREAS, the property owner has requested to defer construction of the public improvements along Cabrillo Circle due to the absence of existing frontage improvements at adjacent parcels on Cabrillo Circle; and WHEREAS, the Improvement Deferral Agreement requires the owner to pay for the design and installation of the public improvements at the request of the Public Works Director, in the reasonable exercise of his discretion, based on such factors as related and adjacent development in the area, or as determined by the City Council; and WHEREAS, staff recommends that the City Council authorize the City Manager to execute an Improvement Deferral Agreement for 2351 Cabrillo Circle. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize the City Manager to execute an Improvement Deferral Agreement for 2351 Cabrillo Circle. Dated: February 15, 2017 I hereby certify that Resolution No. 2017-17 was passed and adopted by the City Council of the City of Lodi in a regular meeting held February 15, 2017 by the following vote: AYES: COUNCIL MEMBERS — Chandler, Johnson, Mounce, Nakanishi, and Mayor Kuehne NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None NNIFER11111). FERRAIOLO City Clerk 2017-17