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Home My WebLink AboutAgenda Report - March 2, 1988 (47)• CITY O LODI COUNCIL COM:VIUNICATI N O • PUBLIC WORKS DEPARTMENT TO: City Council FROM : City Manager MEETING DATE: March 2, 1988 AGENDA TITLE: Set Public Hearing for April 6, 1988 to Consider Adoption of Resolution of Necessity for the Acquisition of Five Parcels of Land on the West Side of Hutchins Street, Between Tamarack Drive and Vine Street, by Fninent Domain Procedures RECOMMENDED ACTION: That the City take the initial step in eminent domain procedures by setting a hearing for April 6, 1988 to consider the adoption of a resolution of necessity for acquisition of the rights of way necessary for the:widening of South; Hutchins Street, RimbyrtaYine.: BACKGROUND INFORMATION: The City's land acquisition agent, Jerry Heminger, has been in contact and working with the property owners on South Hutchins Street for several months. ft riw have reached agreement on the basis of the appraisals with 11 of the original 16 property owners. We also have general agreement with two others, but through no fault of theirs or ours, getting the necessary signatures may delay the project. The three remaining owners have indicated that they are not satisfiea with our offer, but have not presented any reason for modification. A sketch showing the remaining parcels is attached. It appears that the only way vie can proceed with this project this summer is through the use of eminent domain procedures. Once the Council has set a date for the hearing, all affected owners w i I I be officially n.oti fi.e.d of the hearing so that they maY respond. �abR ' L . ViXo�ksk�irector Pu Works Directo JLR/GER/ma Attachment APPROVED: n CHUTCH6/TXTW.02M FILE NO. 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I.-.a �o I•�7c •n :.o coo f•�a+ .�i iu _ j .ice' { i i I I I�; �L �.... � I• i =� SOUTH HUTCHINS STREET EMINENT DOMAIN PROCEDURES 2/22/88 NOTICE CF PUBLIC HEARING Notice is hereby given that on April 6, 1988 the City Council of the City of Lodi, at its regular meeting to be held on that date at 7:30 p.m. in the Council Chambers located at 221 West Pine Street, Lodi, California, intends to adeot a Resolution of Necessity regarding Eminent Domain, pursuant to Code of Civil Procedure (CCP) Section 1245.220 for the following properties: 1. 921 South Hutchins Street described as follows: A portion of Lot 37 of Vinewood Tract, Tract No. 329, as filed in Volume 13 of hiaps and Plats at Page 154, San Joaquin County Records, and being more particularly described as follows: Beginning at the southeast corner of Lot 37, thence North o°11' 30" East, 66.12 feet, along the east line of said Lot, to the beginning of a tangential curve, conSave to the southwest, with a radius of 20 feet, through an arc of 88 27' 20", for a distance of 30.88 feet, to the end of Surve, thence South 440 3' 44" East, 20.73 feet, thence South 0 11' �0" West, 71.20 feet to the south line of said lot, thence South 89 2' East, 5.0 feet, along the south line of said lot to the point of beginning. 2. 911 South Hutchins Street described as follows: A portion of Lot 36 of Vinewood Tract, Tract No. 329, as filed in Volume 13 of Maps and Plats at Page 154, San Joaquin County Records, and being more particuiarly described as follows: Beginning at the northeast corner of Lot 36, thence South 0° 11' 30" West, 70.25 feet, along the east line of said lot, to the beginning of a tangential curve, concavS to the northwest, with a radius of 20 feet, through an arc of 91 43' 50", for a distance of 32.02 feet to the end of c8rve, thence North 47° 57' 25" East, 21.07 feet, thence North 0 -11'' 32" East, 77.08 feet to the north line of said lot, thence South 78 29' East, 5.1 feet along the north line of said lot to the point: of beginning. 3. 1223 South Hutchins Street described as follows: A portion of Lot 24 of Knoll Subdivision, Tract No. 180, as filed in Volume 13 of Maps and Plats at Page 8, San Joaquin County Records, and being more particularly described as follows: Beginning at the northeast corner of Lot 24, thence South 0° 15' East, 110 feet, along the east line of said lot to the southeast corner of said lot, thence North 89° 38' We8t, 19.04 feet, along the south line of saad lot, thence North 43 50' 49" East, 20.18 feet, thence North 0 16' West, 35.36 feet, to the north line of said lot, thence South 89° 38' East, 5 feet to the point of beginning. 4• 1231 South Hutchins Street described as follows: A portion of Lot 25 of Knoll Subdivision, Tract No. 180, as filed in Volume 13 of Maps and Plats at Page 8, San Joaquin County Records, and being more particularly described as follows: Beginning at the southeast corner of Lot 25, thence North 890 38' West, along the south line of saig lot 5 feet, thence North 00 45' :Fest, 95.51 feet, thence North 41 48' ;6" 4lest, 20.20 feet to the north line of said lot, thence South 89` 3<�" Fast, 18.92 feet along the north line of said lot, thence South 0 15' East along the east line of said lot, 110 feet to the point of beginning. The property owners have been notified that they have the right to be heard on the matters referred to in CCP Section 1240.030 as it relates to this property. Specifically, CCP Section 1240.030 permits the City of Lodi to exercise the power of eminent domain to acquire the property for a proposed project only if all of the following are established: a. The public interest and necessity require the project. b. The project is planned or located in the manner that will be most compatible with the greatest public need and the least private injury. C. The property sought to be acquired is necessary for the project. Pursuant to CCP Section 1245.234, the property owners must file a WRITTEN REQLJEST to be heard within 15 days after the notice was mailed. The governing body need not give an opportunity to appear and be heard to any person who fails to file a written request. If the property owners intend to be heard on the matter they need to bring in or mail their request Lo Alice M. Reirnche, City Clerk, 221 West Pine Street, Call Box 3006 Lodi, CA 95241-1910 phone 333-6702. THEIR FAILURE TU FILE A WRITTEN REQUEST TO APPEAR AND BE HEARD WITHIN 15 DAYS AFTER THE NOTICE WAS MAILED WILL RESULT IN WAIVER OF THE RIGHT TO APPEAR AND BE HEARD. If the property owners challenge the subject matter in court, they may be limited to raising only those issues raised at the public hearing described in this notice or in written correspondence delivered to the City Clerk at, or prior to, the public hearing. Dated: March 2, 1988 By Order of the Lodi City Council Alice M. Reimche City Clerk roved as to form �onad- City Attorney