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Home My WebLink AboutAgenda Report - June 16, 1993 (63)� or CITY OF LODI COUNCIL COMMUNICATION AGENDA TITLE: Adopt a Resolution Approvin7 the Agreement with Bernard C. Kooyman, Donna K. Kooyman, Saleem Kahn and Bernard G. Kooyman for Dedication of Right -of -Way on Lodi Avenue and Relocation of Butluing with Future Street Widening MEETING DATE: June 16, 1993 PREPARED BY: Public Works Director RECOMMENDED ACTION: That the City Council a opt a resolution approving the agreement and direct the City Manager and City Clerk to execute the agreement on behalf of the City. BACKGROUND INFORMATION: On March 24, 1993, Bernard C. Kooyman, Donna K. Kooyman, Saleem Kahn and Bernard G. Kooyman, ownLrs of the property located at 360 East Lodi Avenue, Lodi, California, filed an application for a building permit for tenant improvements (interior remodeling) of the existing structure on their property. As a condition of the issuance of a building permit for the remodel, the Public Works Department required that a 5 -foot right-of-way dedication and corner cutoff dedication be made (Lodi Municipal Code 15.44.060) to comply with minimum right-of-way widths required by the City of Lodi Public Improvement Design Standards and to allow the installation of a handicap ramp. Since the existing structure is located immediately behind the existing back of walk on Lodi Avenue, dedication of an additional 5 feet would place the structure in the public right-of-way. As has been done for similar situations in the past, an agreement was developed whereby the owner would agree to dedicate the requested right-of-way in exchange for the City's assumption of responsibility for modifying the encroaching struct.•-e when Lodi Avenue is widened. The structural modifications would be of like design and construction to those in existence at the time of execution of the agreement. In addition, the City would be responsible for relocated street improvements. The City has no immediate plans to widen Lodi Avenue in this area. A sketch showing the location of the dedication requested and a copy of the agreement are attached. The owner has executed the grant deed and the agreement. FUNDING: None required. �,, Jack L. Ronsko Public Works Director Prepared by Sharon A. Welch, Associate Civil Engineer Attachments cc: City Attorney APPROVED: THOMAS A. PETERSON .CYC~a me, City Manager cc- CKOOYMAN/TkTW.02M (CO.COM) June 7, 1993 • - CITY OF LODI [GRANT DEED PUBLIC WORKS DEPARTMENT 047-193-13 •" 360 East Lodi Avenue c v v U SEE DETAIL 1. D v _ born St. — C N U 5' Right -of -Way TRUE POINT OF BEGINNING Northeast corner of Lot 12 Dedication Lodi Barnhart Tract LODI AVENUE S86* 23'W 100.00' (Y �--- North, 27.75' -- So-ith, 5' S460 48'30" E. 31,14 —� N86° 23'E, 77.25' w 10 1i 12 w J T •S 1 ALLEY N t- --- - -- -- L,J c� DETAIL N r.s. r CITY OF L ODI GRANT DEED PUBLIC WORKS DEPARTMENT 0East Lo_ t 3 .- 360 East Lodi Avenue SEE DETAIL TRUE POINT OF BEGINNING 5' Right-of-woy Northeast corer of Lot 12 Dedication Lodi Barnhart Tract LODI AVENUE SS6e23-W 100.00' �- 1 T-- North. 27.75' --- S46° 48'30' E. 31.14 South..'— N860 23-E, 77.25' U 10 11 12 w a J 2— o CC ALLEY N r— DETAIL 1 N. T.! �J WHEN RECORDED. PETURN TO City of Lod; 221 %`: Pine Strcct 1933 �, Lodi. CA 95240 %'� AGREEMENT 360 E. Lodi Avenue TiIIS AGREE'+tE`T entered into this --X— day of V4ty , 1993, bct%-cen the CITY OF LODI. herematiet called "City" and BERNARD C. KOOYMAN. DONNA K. KOOYMAN, SALEM KAIIN AND BERNARD G. K00YXIAN, hereinafter called "Owner". WITNESSETH Owner has applied fora building permit (o+ the following described parcel: Lots l 1 and 12 in Block 2 of Lodi Barnhart Tract. according to the Official Map thereof filed in Vol. 3 of Maps. Page 43. San Joaquin County records. Except therefrom the south 26 feet of Lot 12 and the South 26 feet of the cast one-half of Lot 11. In order to comply with the provisions of Section 15.43.030 et seq., of the Lodi Municipal Codes, it is agreed as follows: 1. Owner is dedicating by separate instrument, at no cost to the City, the necessary land for street % idcning and to conform to the setback line of Lodi Avenue, as more particularly described on the map attached hereto and incorporated by reference. 2. Cite, in consideration, agrees that it will, at City's cost, be responsible for the modification of the building presently in the newly -dedicated right-of-way only at such time as the City desires to %idea Lodi Avenue. Such modif anion shall be of like design and construction as exists on the effective date of this agreement and shall not extend to any upgrades, alterations, or modifications to the building done by the owners after that (Lite. In the event that the building is destroyed or demolished prior to the City's widening of Lodi Avenue, the City's ditties hereunder to reconsintct a portion of the building within the right-of-way shall cease. City shall also be responsible for the cost of relocating street improvements at such time as Lodi Avenue is widened. 3. This Agrecincnt is binding on the heirs. executors. administrators, and assigns of the parties hereto. 4. Botli parties agree that they ha%•c Herein sct forth the %•hole of their agreement. S. Both panics agree to the recording of this Agreement. S 843AGNM I)QC IN WITNESS WHEREOF. the panics have exccutcJ this Agreement the day and year tirst:hercinabove written. CITY OF LOD]. a Municipal Corporation By: Attest: Thomas A. Petcrson. City Mamgcr Jennifer M. Perrin. City Clerk. Approved as to form: Bob McNatt. City Attorney STATE OF CALIFORNIA COUNTY OF SAN JOAQUIN MISC-W5 (1.91) OFFICIAL SEAL MARIA ANGELO NOTARY PUBM-CAUFOW" Prim"ORwa in San J @Mm Oar" Ay C& -n tion EapM ft A 1991 !Seal) 5843AGNIT-IXC OWNERS: 4J42 vll� &X w &L�Vo L Z"s J MAY 18, 1993 before me, MARIA ANGELO a Notary Publi4 personally appeared SALEEM KHAN -BERNARD G. KOOYMAN-BERNARD C. KOOYMAN- DONNA K. KOOYMAN- ._ personalty known to me (or proved to me on the basis of satisfactory evidence) to be the persons) 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 WI: NESS m,+ hand aFd-official �e Signature ` 1 � — RESOLUTI021 NO. 93-79 A RESOLUTION OF THE LODI CITY COUNCIL APPROVING AN AGREEMENT FOR DEDICATION OF RIGHT-OF-WAY' ON LODI AVENUE AND ASSUMPTION OF RESPONSIBILITY FOR MODIFICATION OF BUILDING WITH FUTURE STREET WIDENING sss_xssxxxxsxsssxssssssszszassxxxsxsaaxsxssazsxxzssazsxssxssssxsasaazx: BE IT RESOLVED, that the Lodi City Council hereby approves an Agreement with Bernard C. Kooyman, Donna K. Kooyman, Saleem Kahn and Bernard G. Kooyman, owners of property located at 360 East Lodi Avenue, for dedication of right-of-way on said property for street widening and to conform to the setback line of Lodi Avenue, as more particularly described on map attached hereto; and BE IT FURTHER RESOLVED, that the Council hereby approves the City's assumption of responsibility for the modification of the. building presently in the newly -dedicated right. -of -way only at such' time as the City desires to widen Lodi Avenue; and . BE IT FURTHER RESOLVED, the City Manager and City Clerk are hereby authorized to execute said agreement on behalf of the City of Lodi. Dated: June 16, 1993 ssxzxxs==ssss=osxxssszssssaazssss<zcsc.xssxssxsxsasasxsxsss=sssxsaasass I hereby certify that Resolution No. 93-79 was passed and adopted by the Lodi City Council in a regular meeting held June 16, 1993 by the following vote: Ayes: Council Members - Davenport, Mann, Sieglock, Snider, and Pennino (Mayor) Noes: Council Members - None Absent: Council Members - None ifer (M. Perrin City Clerk RES9379/TXTA.02J