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Home My WebLink AboutAgenda Report - March 2, 2005 E-08AGENDA ITEM EA CITY OF LODI COUNCIL COMMUNICATION M AGENDA TITLE:Adopt Resolution Approving Operation and Maintenance Agreement for Water Main Abandonment at 104 East Turner Road MEETING DATE: March 2,2005 PREPARED BY: Public Works Director RECOMMENDED ACTION: That the City Council adopt a resolution approving the Operation and Maintenance Agreement for Water Main Abandonment at 104 East Turner Road and direct the City Manager and City Clerk to execute the agreement on behalf of the City. BACKGROUND INFORMATION: Developer B. C. Properties, LLC, has applied for a building permit to construct a warehouse addition at 104 East Turner Road (Epic Plastics). The proposed building would be constructed directly above a section of the publicwater main along the west property line of the subject parcel. Investigation by City staff discovered that additional structures had been constructed above the publicwater main without the required building permits for such construction. Developer has requested that a structural encroachment permit be issued for the encroaching structures. The proposed and existing structures will impair the City's ability to maintain and repair the publicwater main. Staff considered having the developer either relocate the publicwater main at the developer's expense or remove the encroaching structures that were constructed without the proper building permits. Both options are very expensive to implement, and as a result, staff investigated the possibility of vacating a portion of the publicwater main. Staff determined that vacating the public main will not impact the water service in the surrounding area because of the water system redundancy in the area (Exhibit A). The developer agrees to the option of vacating that portion of the publicwater main under the terms of the Operation and Maintenance Agreement for Water Main Abandonment at 104 East Turner Road (Exhibit B) As part of the agreement, the developer agrees to install backflow prevention devices to protect the public water system, maintain the vacated water main, abandon all existing domestic service from the vacated water main, and indemnify the City from liability arising from the use of the vacated water main. The approval of the water main abandonment is one of the conditions of the building permit approval. The developer needs to obtain approval from other departments and agencies prior to the building permit issuance and/or final inspection of the proposed project. B. C. Properties, LLC, has executed the agreement and paid all necessary recording fees. Staff is recommending the Council adopt a resolution approving the Operation and Maintenance Agreement and direct the City Manager and City Clerk to execute the agreement. FUNDING: Not applicable. —1 J��2 Richard C. Prima, Jr. Public Works Director Prepared by Lyman Chang. Associate Civil Engineer RCPILC/pmf Attachments cc. City Attorney Associate Civil EngineerChang Assistant Water/Wastewater Superintendent B.C. Properties, LLC APPROVED: Blair King, City ager J IDEV_SERVICC_Agmt_104ETurner doc 211712005 U �y� OF LODI WORKS DEPARTMENT 1104 on WATER MAIN ABANDONMENT 104 E. TURNER ROAD B °° B E)ftd 9F. Ell 810 TURNER RD s 0 0 Q O N.T.S. w Z x D H 18 LLI O o N � a N � cL U U) 8 10 Well 24 N "Al-gy say3 30 co a O c N I�—I ITS WATER MAIN TO BE ABANDONED BY CITY 0 PUBLIC FIRE HYDRANTS Q PRIVATE FIRE HYDRANTS V PROPOSED BACKFLOW DEVICE M:\OPEN\EXHIBITS\04x060.dwg ■N ■ gill ■�� ■�., WHEN RECORDED, RETURN TO: City Clerk City of Lodi 221 West Pine Street Lodi, CA 95240 OPERATION AND MAINTENANCE AGREEMENTFOR WATER MAIN ABANDONMENT FOR 104 E TURNER ROAD APN 041-240-47 THIS AGREEMENT is made and entered into by and between the CITY OF LODI, hereinafter referred to as "City" and B. C. PROPERTIES, LLC., hereinafter referred to as "Owner". RECITALS: WHEREAS, Owner has applied for a building permit for a warehouse addition on the subject property; and WHEREAS, the proposed warehouse addition will be built directly above the existing public water main located along the west property line of the subject property; and WHEREAS, other miscellaneous existing structures have been built directly above said public water main on the subject property without the required building permits for such construction; and WHEREAS, the City is unwilling to issue a structural encroachment permit and Hold Harmless Agreement for the encroachment of private structures built over public facilities,but is willing to vacate this section of the public water main and transfer ownership to Owner; and WHEREAS, as a condition of the vacation of the public water main, owner is required to separate private water facilities from public utilities to the approval of the City's Public Works Director; and WHEREAS, Owner is required to maintain the vacated public water main as a private facility. NOW THEREFORE, it is agreed between the parties hereto as follows: 1. City shall vacate and transfer ownership of that certain public water main along the west and south boundaries of the parcel located at 104 E. Turner Road as shown on Exhibit A to Owner. 2. Owner agrees to install and maintain the necessary backflow prevention devices to separate the private water main from the public water system. The backflow prevention devices are to be installed to the satisfaction of the City's Public Works Director. 3. Owner shall accept the vacated water main as -is and shall maintain said water main in good working condition. 4. All fire hydrants and valves servedby the vacated water main shall become private and shall be maintained by Owner. Water Main Abandonment Agreement 5. Owner agrees that no domestic water services shall be provided from the private water main. All existing domestic water services connected to the private water main shall be abandoned at Owner's expense. 6. Owner shall obtain all necessarypermits to allow completion of Owner's responsibilitiesunder the terms of this agreement. 7. Owner agrees to save, defend, indemnify and hold harmless the City of Lodi, its' officers, agents and employees, from liability of any nature whatsoever arising from Owner's use of the private water main referenced above. 8. This agreement shall run with the land and be binding on the Owner, its heirs, successors or assigns. 9. A copy of the Agreement shall be recorded in the office of the San Joaquin County Recorder, P.O. Box 1968, Stockton, California 95201-1968. IN WITNESS WHEREOF, the parties hereto have set their hands the day, month and year appearing opposite their names. Dated: CITY OF LODI, a Municipal Corporation 2004 By: Dated: 4Wt 2005 Approved as to form: Dated: Attest: Janet S. Keeter, Interim City Manager Susan J. Blackston, City Clerk B. C. Properties, LLC. D. Stephen Schwabauer City Attorney 2004 Water Main Abandonment Agreement 2 RESOLUTION NO. 2005- A RESOLUTION OF THE LODI CITY COUNCIL APPROVING THE OPERATION AND MAINTENANCE AGREEMENT FOR WATER MAIN ABANDONMENT AT 104 EAST TURNER ROAD NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council hereby approves the Operation and Maintenance Agreement for Water Main Abandonment at 104 East Turner Road, as shown on Exhibit and Exhibit B attached; and BE IT FURTHER RESOLVED, that the Lodi City Council hereby authorizes the City Manager to execute the Operation and Maintenance Agreement for Water Main Abandonment at 104 East Turner Road on behalf of the City of Lodi. Dated: March 2, 2005 I hereby certify that Resolution No. 2005- was passed and adopted by the Lodi City Council in a regular meeting held March 2, 2005, by the following vote: AYES: COUNCIL MEMBERS— NOES: COUNCIL MEMBERS — ABSENT: COUNCIL MEMBERS — ABSTAIN: COUNCIL MEMBERS — SUSAN J. BLACKSTON City Clerk 2005- CITY COUNCIL JOHN BECKMAN, Mayor SUSAN HITCHCOCK Mayor Pro Tempore LARRY D. HANSEN BOBJOHNSON JOANNE L. MOUNCE B. C. Properties, LLC P.O. Box 2056 Sebastopol, CA 95473 CITY OF LODI PUBLIC WORKS DEPARTMENT CITY HALL. 221 WEST PINE STREET P.O. BOX 3006 LODI. CALIFORNIA 95241-1910 (209)333-6706 FAX (209) 333-6710 EMAIL pwdept@lodi.gov http:\\www.lodi.gov February 24,2005 BLAIR KING City Manager SUSAN J. BLACKSTON City Clerk D. STEVEN SCHWABAUER City Attorney RICHARD C. PRIMA. JR. Public Works Director SUBJECT: Adopt Resolution Approving Operation and Maintenance Agreement for Water Main Abandonment at 104 East Turner Road Enclosed is a copy of background information on an item on the City Council agenda of Wednesday, March 2, 2005. The meeting will be held at 7 p.m. 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-deliverthe letter to City Hall, 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 Susan Blackston, City Clerk, at (209) 333-6702. If you have any questions about the item itself, please call Lyman Chang, Associate Civil Engineer, at (209) 333-6800, extension 2665. Richard C. Prima, Jr. l� Public Works Director RCPlpmf Enclosure cc: City Clerk NCC_AGMT_104ETURNER.DQC