ITEM 4. 14 •
CITY MANAGER' S REPORT
OCTOBER 12, 2026 CITY COUNCIL REGULAR MEETING
ITEM: ACCEPT PUBLIC IMPROVEMENTS AND AN OFFER OF
DEDICATION FOR A SIDEWALK EASEMENT
ASSOCIATED WITH EP NO. 21- 54, LOCATED AT 601
D' ARCY PARKWAY, FROM OLD DOMINION FREIGHT
LINE, INC.
RECOMMENDATION: Adopt Resolution to Accept Public Improvements and an Offer of Dedication for a Sidewalk Easement
Associated , with Encroachment Permit No. 21- 54,
Located at 601 D' Arcy Parkway from Old Dominion
Freight Line, Inc.
SUMMARY:
Old Dominion Freight Line, Inc. ( ODFL), the developer of the ODFL Stockton Expansion project located at 601 D' Arcy Parkway, has completed the public improvements associated with Encroachment Permit ( EP) No. 2021- 54. A vicinity map of the improvements is included as Attachment " B".
Staff has inspected the improvements listed in Attachment " C" and the City Engineer has deemed them complete and in compliance with the approved plans and specifications. The approximate value of the improvements constructed is 232, 659. 00, as shown in the GASB 34 Report included as Attachment " C".
A portion of the sidewalk was required to be routed around an existing street light.
To maintain the minimum sidewalk width required by City standards and the Americans with Disabilities Act ( ADA), that portion of the sidewalk was constructed outside the existing public right- of- way and onto property owned by ODFL. ODFL has offered to dedicate a sidewalk easement to the City over the affected area. The offer of dedication, together with the legal description and plat attached thereto as Exhibits A" and " B", is included in substantially the form attached hereto as Attachment " D".
ODFL has provided lien releases and a one- year warranty bond for the improvements proposed for acceptance. The warranty bond was provided in the amount of 232, 659. 00, equal to 100% of the improvement value shown in the GASB 34 Report, which exceeds the City' s
minimum requirement of 10% of the completed construction costs.
Staff requests that City Council accept the public improvements listed in Attachment C" and the offer of dedication for the sidewalk easement, in substantially the form included as Attachment " D".
CITY MANAGER' SREPORT PAGE 2
OCTOBER 12, 2026 CITY COUNCIL REGULAR MEETING
ACCEPT PUBLIC IMPROVEMENTS AND AN OFFER OF DEDICATION FOR A SIDEWALK EASEMENT ASSOCIATED WITH EP NO. 21- 54, LOCATED AT 601 D' ARCY PARKWAY, FROM OLD DOMINION FREIGHT LINE, INC.
BACKGROUND:
On May 20, 2021, the City of Lathrop Community Development Director approved Minor Site Plan Review No. MSPR- 21- 33 and Minor Variance No. MV -21- 65 for the ODFL Stockton Expansion, authorizing a 21, 000 -square -foot cross -dock expansion to the existing 30, 250 -square -foot cross -dock building and a 5, 800 -square -foot office at 601 D' Arcy Parkway ( APN 198- 220- 03).
The Conditions of Approval ( COAs) associated with MSPR- 21- 33and MV -21- 65 required the installation of frontage improvements along D' Arcy Parkway, including, but not limited to, a five-oot sidewalk at the existing back of curb and the reconstruction or modification of existing driveways to accommodate the sidewalk and maintain ADA compliance. The work, along with a sewer utility connection within D' Arcy Parkway, was completed under EP 2021- 54.
During construction, the sidewalk was required to be routed around an existing street light within the D' Arcy Parkway frontage. To maintain the minimum sidewalk width required by City standards and the ADA, a portion of the sidewalk was constructed outside the existing public right- of- way and onto propertyowned by ODFL. ODFL has offered to dedicate a sidewalk easement to the City over that portion of its property, included as Attachment " D". Acceptance of the offer of dedication is required for the City to accept and maintain the sidewalk as a public improvement. Upon Council acceptance, the easement will be executed and recorded with the San Joaquin County Recorder' sOffice.
Staff has inspected the public improvements associated with EP 2021- 54 as listed in Attachment " C", and the City Engineer has deemed them complete and in compliance with the approved plans and specifications.
ODFL has submitted a one- year warranty bond in the amount of $232, 659. 00, along with lien releases for the improvements proposed for acceptance. Upon acceptance, the faithful performance bond will be released and replaced with the warranty bond.
The guarantee associated with the improvements proposed for acceptance is detailed in Table 1 below:
Table 1
Description
Faithful Performance
Bond Number &
Amount
Warranty Bond
Number & Amount
Encroachment Permit
2021- 54
9387409
54, 900. 0
US00170010SU26A
232, 659.. 00
CITY MANAGER' S REPORT PAGE 3
OCTOBER 12, 2026 CITY COUNCIL REGULAR MEETING
ACCEPT PUBLIC IMPROVEMENTS AND AN OFFER OF DEDICATION FOR A SIDEWALK EASEMENT ASSOCIATED WITH EP NO. 21- 54, LOCATED AT 601 D' ARCY PARKWAY, FROM OLD DOMINION FREIGHT LINE, INC.
REASON FOR RECOMMENDATION:
Staff has inspected the public improvements associated with EP 2021- 54 listed in the GASB 34 Report, and the City Engineer has deemed them complete and in accordance with the approved plans and specifications.
ODFL. has provided unconditional lien releases and a one- year warranty bond for the completed improvements. Acceptance of the offer of dedication will place the entire sidewalk within land under the City' scontrol and allow the City to maintain it. The easement will be executed and recorded following Council acceptance. Staff recommends that the City Council accept the public improvements listed in Attachment " C" and the offer of dedication for the sidewalk easement, in substantially the form included as Attachment " D".
FISCAL IMPACT:
The City' s
maintenance costs will increase to maintain the accepted improvements.
The warranty bond will cover any repairs or replacements due to defective materials or workmanship required during the one- year period beginning with this acceptance.
The future operating and maintenance costs of these improvements will be funded by the. Council approved Local Street Fund 2080.
ATTACHMENTS:
A. Resolution to Accept Public Improvements and an Offer of Dedication for a Sidewalk Easement Associated with Encroachment Permit ( EP) No. 2021- 54 Located at 601 D' Arcy Parkway from Old Dominion Freight Line, Inc.
B. Vicinity Map
C. GASB 34 Report - 601 D' Arcy Parkway
D. Offer of Dedication for Sidewalk Easement, with Exhibits " A" (Legal Description) and " B" (Plat) 601 D' Arcy Parkway
CITY MANAGER' S REPORT PAGE 4
OCTOBER 12, 2026 CITY COUNCIL REGULAR MEETING
ACCEPT PUBLIC IMPROVEMENTS AND AN OFFER OF DEDICATION FOR A SIDEWALK EASEMENT ASSOCIATED WITH EP NO. 21- 54, LOCATED AT 601 D' ARCY PARKWAY, FROM OLD DOMINION FREIGHT LINE, INC.
APPROVALS:
o/ 6, /&
Belial Nabizadah Date
Assistant Engineer
Bra
b/ Ska&
Taylor Date
Pu is Works Director / City Engineer
ari Jam
Finance i7 ector
Date
44/.. 2tie
Thomas Hedegard J Date
Deputy City Manager
l- I 0 - Co • ZoZ( o
Michael King Date
Assistant City Manager
G' 6r LQ2C
Salvador Navarrete Date
City Attorney
Stephen J. Salvatore Date
City Manager
RESOLUTION NO. 26-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP TO ACCEPT
PUBLIC IMPROVEMENTS AND AN OFFER OF DEDICATION FOR A SIDEWALK EASEMENT ASSOCIATED. WITH ENCROACHMENT PERMIT NO. 21- 54, LOCATED AT 601 D' ARCY PARKWAY, FROM OLD DOMINION FREIGHT LINE, INC.
WHEREAS, on, May 20, 2021,, the City of Lathrop Community Development Director approved Minor Site Plan Review No. MSPR- 21- 33and Minor Variance No.
MV -21- 65 for the Old Dominion Freight Line, Inc. ( ODFL) Stockton Expansion, authorizing a 21, 000 -square -foot cross - dock expansionto the existing 30, 250 - square -foot cross -dock building and a 5, 800 -square -foot office at 601 D' Arcy Parkway APN 198- 220- 03); and
WHEREAS, the Conditions of Approval ( COAs) associated with MSPR- 21- 33 and MV - 21- 65 required the installation of frontage improvements along D' Arcy Parkway, including, but notlimited to, a five-oot sidewalk at the existing back of curb and the reconstruction or modification of existing driveways to accommodate the sidewalk and maintain Americans with Disabilities Act ( ADA) compliance. The work, along with a sewer utility connection within D' Arcy Parkway, was completed. under. Encroachment Permit No. 2021- 54 (EP 2021- 54); and WHEREAS, during construction the sidewalk was required to be routed around an existing street light within the D' Arcy Parkway frontage, and in, order to maintain the minimum sidewalk width required by City standards and the ADA, a portion of the sidewalk was constructed outside the existing public right- of- way and onto property 'owned by :ODFL; and
WHEREAS, ODFL has offered to dedicate a sidewalk easement to the City over that portion of its property occupied by the completed sidewalk, in substantially the form described and depicted in Attachment " D" to the City Manager' s Report accompanying this Resolution, and acceptance of the offer of dedication is required for the City to accept and maintain the sidewalk as a public improvement; and WHEREAS, construction of the frontage improvements is complete, _and the approximate value of the improvements proposed to be accepted is $ 232, 659. 00, as shown in the GASB 34 Report; and
WHEREAS, ODFL has submitted a one- year warranty bond in the amount of 232, 659. 00, along with lien releases for the improvements proposed for acceptance.
Upon acceptance, the faithful performance bond will be released and replaced with the warranty bond. The bonds associated with the improvements proposed for acceptance are detailed in Table 1 below:
Table 1
Description
Faithful Performance
Bond Number &
Amount
Warranty Bond
Number & Amount
Encroachment Permit
2021- 54
9387409
554, 900. 0
US00170010SU26A
5232, 659. 00
and
WHEREAS, staff has inspected the public improvements associated with EP 2021- 54 listed in the GASB 34 Report and they have been deemed complete and in accordance with the approved plans and specifications by the City Engineer; and WHEREAS; the one- year warranty .bond covers .any repairs or replacements that become necessary during the one- yar period, beginning with this acceptance, due to defective materials or workmanship in connection with the completed improvements; and
WHEREAS, staff recommends that the City Council accept the public improvements listed in Attachment " C" and the offer of dedication for the sidewalk easement included as. Attachment "D" of the City Manager' sReport that accompanied this Resolution; and
WHEREAS, the City' s maintenance costs will increase because of the additional improvements that have to be maintained. The future operating and maintenance costs of these improvements will be funded by the Council approved Local Street Fund 2080.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby accept the public improvements associated with Encroachment Permit No. 2021- 54 :located at 601 D' Arcy Parkway from ODFL, and does hereby accept the offer of dedication from ODFL for a sidewalk easement over that portion of its property at 601 D' Arcy Parkway occupied by the completed sidewalk, in substantially the form described and depicted in Attachment "D" to the City Manager' s Report accompanying this Resolution; and
BE IT FURTHER RESOLVED, that the City Council of the City of Lathrop. hereby authorizes the City Clerk, or their designee, to execute the acceptance of said sidewalk easement by separate Idocument, in substantially the form included as Attachment "D" to the City Manager' sReport accompanying this Resolution, with such non - substantive revisions as may be approved by the City Attorney, and to cause said easement to be recorded with the San Joaquin County Recorder' sOffice.
PASSED AND ADOPTED by the City Council of the City of Lathrop this 12th day of October 2026, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Paul Akinjo, Mayor
ATTEST: APPROVED AS TO FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney
Attachment
FURST
CONSTRUCTION COMPANY
CITY OF LATHROP
PROJECT ACCEPTANICE
GASB 34 REPORT)
708 W. North
Salt Lake City, UT
Tel: 801- 972- 3838
Submitted Furst Construction Date 8/ 31/ 2026
Tract No.: Old Dominion - R: O. WOffsite Improvements ( Sidewalk and Handicap Ramps) Item Unit .. ' Qt Unit Amount
Concrete Sidewalk SF 2, 541 $ 67. 00 $ 170, 247. 00
Handicap Ramps EA 4 $ 9, 003:0 $ 36, 012.0
Traffic Striping & Signage LF 280 $ 40. 71 $ 11, 4. 00.0 Subtotal $ 217, 659. 00.
Design $ 15, 000.
Total $ 232, 659. 00
ATTACHMENT
Y, 0If
RECORDING REQUESTED BY, AND
WHEN RECORDED MAIL TO:
CITY OF LATHROP
ATTN: CITY CLERK
390 TOWNE CENTRE DRIVE
LATHROP, CA 95330
Exempt from payment ofrecording fees ( GC 27383)
SPACE ABOVE THIS LINE FOR RECORDER' S USE
Offer of Dedication
of Sidewalk Easement
APN 198- 220- 03)
THIS INSTRUMENT BENEFITS THE CITY ONLY. NO FEE REQUIRED.
THE UNDERSIGNED GRANTOR( S) DECLARE( S):DOCUMENTARY TRANSFER TAX IS $ 0.0 — Exempt per R&TC $ 11922 computed on full value of property conveyed, or
computed on full value less liens and encumbrances remaining at time of sale.
Unincorporated area ( X ) City of Lathrop
For a valuable consideration, receipt of which is hereby acknowledged, Old Dominion Freight Line, Inc., a Virginia corporation, legal landowner " Grantor( s)", hereby grants to CITY OF LATHROP, a California municipal corporation " Grantee", a sidewalk easement for public sidewalk and pedestrian access purposes, including the construction, installation, use, maintenance, repair, replacement, and removal of sidewalk improvements and appurtenances thereto, over, upon, and across all that real property in the City of Lathrop, San Joaquin County, State of California, described as:
See Exhibit " A" (Legal Description) and Exhibit "B" (Plat) attached hereto and made a part hereof*** In witness whereof the undersigned have executed this instrument on this day of Grantor( s): LANDOWNER
OLD DOMINION FREIGHT LINE, INC.,
a Virginia corporation
By:
Name:
Title:
EXHIBIT " A"
LEGAL DESCRIPTION
SIDEWALK EASEMENT
ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE CITY OF LATHROP, COUNTY OF SAN JOAQUIN, STATE OF CALIFORNIA, BEING DESCRIBED AS FOLLOWS:
BEING A PORTION OF LOT 3 OF THAT CERTAIN TRACT MAP FILED FOR RECORD ON DECEMBER 16, 1997 IN BOOK 33 OF MAPS, AT PAGE 44, OFFICIAL RECORDS OF SAN JOAQUIN COUNTY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEASTERLY CORNER OF SAID LOT 3, SAID POINT ALSO BEING ON THE NORTHERLY RIGHT OF WAY LINE OF D' ARCY PARKWAY ( 60' WIDE); THENCE ALONG SAID SOUTHERLY LINE AND NORTHERLY RIGHT OF WAY LINE, NORTH 74° 02'6" WEST, 156. 00 FEET TO THE POINT OF BEGINNING;
THENCE CONTINUING ALONG SAID SOUTHERLY LINE AND NORTHERLY RIGHT OF WAY LINE, NORTH 74° 02'6"\ WEST, 19. 94 FEET;
THENCE LEAVING SAID SOUTHERLY LINE AND NORTHERLY RIGHT OF WAY LINE, NORTH 60° 57' 33" EAST, 7. 34 FEET;
THENCE SOUTH 74° 02' 27" EAST, 9. 56 FEET;
THENCE SOUTH 29° 02' 27" EAST, 7. 34 FEET TO THE POINT OF BEGINNING.
CONTAINING 77 SQUARE FEET, MORE OR LESS.
AS SHOWN ON EXHIBIT " B", ATTACHED HERETO AND MADE A PART HEREOF.
KIER & WRIGHT CIVIL ENGINEERS & SURVEYORS, INC.
09/ 10/ 2026
KC J. KELLER, P. L.S. 9731 DATE
09- 10- 2026
I REPA BY bR UNDER THE SUPERVISION OF DATE
KC JA S KELLER P. L.S. No. 9731
KKEL R@KIERWRIGHT. COM
LOT 3
BOOK 33 PAGE 44 MAPS AND PLATS
60' wI ARCyPARKWAY 1
F
Rjw) (A P
KIN, gY
s 9,
UBLIC sTREET)
LEGEND
POB
POC
EASEMENT LINES
LOT LINES
POINT OF BEGINNING
POINT OF COMMENCEMENT
SIDEWALK EASEMENT
AREA= 77 SQUARE FEET
0 2. 5' 5' • 10'
Scalel"= 5ft
POB
N7g° 02,6 ZS60
KI ER+ WRIGHT
10395 Old Placerville Rd., Ste. 100
Sacramento, CA 95827
Phone: (916) 538- 1905
www. kierwright. com LATHROP,
EXHIBIT " B"
SIDEWALK EASEMENT
CALIFORNIA
DATE SEPT, 2026
SCALE 1"= 5'
BY JAA
JOB NO. A22116
SHEET 1 OF 1
Z: \ 2022\ A2116\ Survey\ DWG\ A22116— PD— SIDEWALK— ESMT. dwg9- 10- 26 10: 57: 42 AM jathonasiou