HomeMy WebLinkAboutAgenda Report - December 20, 1995 (79)O0,
U • • iCOUNCIL COMMUNICATION
AGENDA TITLE: Sale of Surplus City Property at 230Y2 East Lodi Avenue (Old Well 1)
MEETING DATE: December 20, 1995
PREPARED BY: Public Works Director
RECOMMENDED ACTION: That the City Council adopt the attached resolution authorizing the
City Manager to execute the deed and Hold Harmless Agreement for
the sale of surplus City property located at 230Y2 East Lodi Avenue.
BACKGROUND INFORMATION: On May 3, 1995, the City Council adopted Resolution No. 95-63
declaring three unused well sites as surplus property and
authorizing staff to negotiate the sale of these properties to
adjacent property owners. All of the sites are small and do not
meet the requirements of legal lots.
The property owner adjacent to the abandoned well site located at 230% East Lodi Avenue (old Well 1)
wants to acquire this 400 square foot parcel and will pay the City $500. The City will prepare the
necessary documents to transfer the property and to incorporate this parcel into the existing property at
230 East Lodi Avenue (Exhibits 1, 2 and 3). On August 16, 1995, Council approved the execution of a
Hold Harmless Agreement regarding this site (Exhibit 4). This Agreement will be recorded with the
deed transferring the property to the adjacent owner. The cost of recording these documents will be
paid from the sale receipts.
The City originally purchased this site in 1921 for the sum of $10. If the property is not acquired by the
adjacent property owner, the maintenance and liability of the site remains the City's responsibility.
Therefore, it is in the City's best interest to sell this property and process the necessary documents to
rejoin it to the parcel from which it was purchased in 1921.
FUNDING: Net sale proceeds will go into the Water Fund.
Jack . Ronsko
ublic orks Director
Prepared by Sharon Blaufus, Administrative Assistant
JLR/SB/Im
cc: City Attorney
Water/Wastewater Superintendent
Mert's Alignment
APPROVED: -
H. Di on Flynn -- Ci Manager
C4VELL1 SL.DOC 12/12/95
0 MEMORANDUM, City of Lodi, Public Works Department
To: City Clerk
From: Administrative Assistant
Date: December 26, 1995
Subject: Sale of Surplus City Property at 230% East Lodi Avenue
Attached is the Hold Harmless Agreement and the grant deed which transfers the
abandoned well site property at 230%2 East Lodi Avenue to John A. Lippert and Jeffrey
B. Lippert. The City Council authorized the City Manager to sign these documents at its
meeting of December 20, 1995. Please have these documents signed and notarized.
The resolution authorizing the City Manager to sign these should also be attached. We
will take care of getting the Lipperts' signatures on the Hold Harmless Agreement.
Make the copies you need for your files but return all original documents to our office
after they are signed for further processing. These documents, as well as a Certificate
of Lot Line Adjustment and another deed, will be forwarded to the County Recorder's
office when all are signed. We will send a copy of our letter to the Recorder to you for
your files.
Sharon Blaufus
Administrative Assistant
sb
attachments
CITYCLK.DOC
RESOLUTION NO. 95-155
A RESOLUTION OF THE LODI CITY COUNCIL
AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT DEED
AND HOLD HARMLESS AGREEMENT FOR THE SALE OF SURPLUS
CITY PROPERTY LOCATED AT 230%2 EAST LODI AVENUE
RESOLVED, that the Lodi City Council does hereby authorize the City Manager
to execute a Grant Deed and Hold Harmless Agreement for the sale of surplus property
located at 230'/2 East Lodi Avenue known as Old Well No.I as shown on Exhibit 1, 2, 3
and 4 attached hereto.
Dated: December 20, 1995
I hereby certify that Resolution No. 95-155 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held December 20, 1995 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
95-155
RECORDING REOUESTEt, dY
AND WHEN RECORDED MAIL THIS DEED AND. UNLESS OTHERWISE
SHOWN BELOW. MAIL TAX STATEMENT TO:
NUM John & J. B. Lippert
Streem 230 E. Lodi Ave.
Addr
city& Lodi, CA 95240
sue.
Zn
ratio Order No. Escrow No.
T 355 Legal (2-94)
EXHIBIT I
SPACE A13OVE THIS UNE FOR RECORDER'S USE
Grant Deed
THE UNDERSIGNED GRANTOR(s) DECLAREW
DOCUMENTARY TRANSFER TAX IS S -0-
❑ unincorporated area ® City of Lodi
Parcel No. APN 047-191-010
❑ computed on full value of interest or property conveyed, or
❑ computed on frill value less value of liens or encumbrances remaining at time of sale. and
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged.
CITY OF LODI, a municipal corporation
hereby GRANT(S) to
JOHN A. LIPPERT, a single man, as to an undivided 1/2 interest and
JEFFREY B. LIPPERT, a single man, as to an undivided 1/2 interest.
the following described real property in the Ci ty of Lodi
county of San Joaquin , state of California:
A portion of Lot 9, in Block One of Lodi Barnhart Tract, according to the
Official Map thereof, filed in Vol; 3 of Maps and Plats, Page 48, San Joaquin County
Records and being more particularly described as follows:
Beginning at the Southeast corner of said Lot 9 and running thence North along
the East line of said lot, 20 feet; thence West and parallel to the South line of
said lot, 20 feet; thence South and parallel with the East line of said Lot 20 feet
to the South line of said lot; thence East 20 feet along the South line of said
lot, to the point of beginning.
STATE OF CAUFORNIA
COUNTY OF
S.S.
On before me,
a Notary Public in and for said County and State, personally appeared
personally known to me (or proved to me on the basis of satisfactory
evidence) to be the person(s) whose name(s) Ware subscribed to the
within instrument and acknowledged to me that he/shelthey executed
the same in hislherftheir authorized tapacity(ies), and that by hisOwNisir
signature(s) on the instrument the person(s). or the entity upon behalf
of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal
Signature IThis area for oKKiN rtotanal sell
MAIL TAX STATEMENTS TO PARTY SHOWN ON FOLLOWING LINE- Qr NO PARTY SHOWN. MAH, AS DMZCrW ABOVE
Name Sava Adatma Cny k Stu
EXHIBIT 2
AFTER RECORDING, RETURN TO:
City of Lodi,
Community Development Department
P.O. Box 3006
Lodi, CA 95241-1910
CERTIFICATE OF LOT LINE ADJUSTMENT
Pursuant to Section 66412.d of the Government Code of the State of California and City of
Lodi Subdivision Ordinance No. 1141, the City of Lodi Community Development Department
hereby certifies that a Lot Merger was approved on for the
properties described in Exhibit "A" which is attached hereto and incorporated herein.
City of Lodi File No:
Parcel(s): 047-191-09 Property Owner(s): John A. Lippert and Jeffrey B. Lippert
047-191-10 John A. Lippert and Jeffrey B. Lippert
This Certificate of Lot Line Adjustment is for notification purposes only and does not effect or
accomplish the merger of lots as described in Exhibit "A". The Community Development
Department does not guarantee that the properties described in Exhibit "A" match the above -
referenced Lot Line Adjustment.
Executed by the City of Lodi Community Development Department on this day
of '19
James B. Schroeder, Director
Community Development Department
City of Lodi
wELULLA
EXHIBIT A
047-191-010
A portion of Lot 9, in Block One of Lodi Barnhart Tract, according to the
Official Map thereof, filed in Vol. 3 of Maps and Plats, Page 48, San Joaquin
County Records and being more particularly described as follows:
Beginning at the Southeast comer of said Lot 9 and running thence North along
the East line of said lot, 20 feet; thence West and parallel to the South line of
said lot, 20 feet; thence South and parallel with the East line of said Lot 20 feet
to the South line of said lot; thence East 20 feet along the South line of said lot,
to the point of beginning.
047-191-09
Lot Nine in Block One of Lodi Barnhart Tract, according to the Official Map
thereof, filed in Vol. 3 of Maps and Plats, Page 48, San Joaquin County
Records.
Save and except the following described parcel of land:
Beginning at the southeast comer of said Lot 9 and running thence North along
the East line of said lot, 20 feet; thence West and parallel to the South line of
said lot, 20 feet; thence South and parallel with the East line of said lot, 20 feet
to the South line of said lot; thence East 20 feet along the South line of said lot,
to the point of beginning.
WELLIDES.DOC
EXHIBIT 3
RECORDING REQUES7- . BY
AND WHEN RECORDED MAIL THIS DEED AND, UNLESS OTHERWISE
SHOWN BELOW, MAIL TAX STATEMENT TO:
Name John Lippert, et al.
streetAl,,..re230 E. Lodi Ave.
city& Lodi, CA 95240
Slate
Zip
Title Order No. Escrow No.
SPACE ABOVE THIS LINE FOR RECORDER'S USE
T 355 Legal (2-94)
Grant Deed
THE UNDERSIGNED GRANTOR(s) DECLARE(s)
DOCUMENTARY TRANSFER TAX IS $
❑ unincorporated area Q City of Lodi
Parcel No.
❑ computed on full value of interest or property conveyed, or
❑ computed on full value less value of liens or encumbrances remaining at time of sale, and
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
JOHN A. LIPPERT a single man, as to an undivided 1/2 interest and
JEFFREY
B. S) oPE�RT, a single man, as to an undivided 1/2 interest.
JOHN A. LIPPERT, a single man, as to an undivided 1/2 interest and
JEFFREY B. LIPPERT, a single man, as to an undivided 1/2 interest.
the following described real property in the Ci ty of Lodi
county of San Joaquin , state of California:
LOT NINE IN BLOCK ONE OF LODI BARNHART TRACT, ACCORDING TO THE OFFICIAL MAP
THEREOF, FILED IN VOL. 3 OF MAPS AND PLATS, PAGE 48, SAN JOAQUIN COUNTY RECORDS.
Dated
STATE OF CALIFORNIA
COUNTY OF
On
—) S.S.
before me,
a Notary Public in and for said County and State, personalty appeared
personally known to me (or 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/shelthey executed
the same in his/her/their authorized capacity(es), 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.
WITNESS my hand and official seal
Signature (This area for official notarial seal)
MAIL TAX STATEMENTS TO PARTY SHOWN ON FOLLOWING LINE; IF NO PARTY SHOWN, MAEL AS DIRECTED ABOVE
Name Street Address City do State
EXHIBIT 4
After recording return to:
Mert's Alignment
230 E. Lodi Avenue
Lodi, CA 95240
HOLD HARMLESS AGREEMENT
FOR PURCHASE OF ABANDONED WELL SITE NO.
LOCATED AT 230 1/2 EAST LODI AVENUE
This agreement is entered into between the CITY OF LODI, a Municipal Corporation,
and MERT' S ALIGNMENT for the purchase of certain real property located within the
City of Lodi commonly known as abandoned Well Site No. 1 located at 230 1/2 East
Lodi Avenue, Lodi, California.
The City of Lodi agrees to hold harmless and indemnify Mert's Alignment from liability
for any remediation or cleaning of the soil upon the parcel described below in Paragraph
A which may be required by order of the State of California or any court due to the
presence of PCE, TCE or DBCP upon said parcel.
PARAGRAPH A:
A portion of lot 9, in Block One of Lodi Barnhart Tract, according to the Official Map
thereof, filed in Volume 3 of Maps and Plats, Page 48, San Joaquin County Records and
being more particularly described as follows:
Beginning at the Southeast comer of said Lot 9 and running thence North along the
East line of said lot, 20 feet; thence West and parallel to the South line of said lot, 20
feet; thence South and parallel with the East line of said lot 20 feet to the South line
of said lot; thence East 20 feet along the South line of said lot, to the point of
beginning.
This agreement shall be recorded and run with the owner's property and shall be binding
upon and inure to the benefit of the parties successors, heirs and assigns.
1 LSN JACAIC1rAC0NTRAC7 gH4WELL# LDDC 1 of 2
CITY OF LODI, a municipal
corporation
DIXON FLYNN
City Manager
Dated:
Attest:
Jennifer M. Perrin
City Clerk
State of California
County of San Joaquin
MERT'S ALIGNMENT
BY: John A. Lippert
BY: Jeffrey B. Lippert
Dated:
Approved as to Form:
John M. Luebberke
Deputy City Attorney
On before me, personally
appeared
, [] personally known to me - OR - E] 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.
WITNESS my hand and official seal.
Signature of Notary
2LSNJACMCITYIC0NTRACTffl WELL#LDOC 2 oft