HomeMy WebLinkAboutAgenda Report - March 9, 1987i tJ IPICE OF PUBLIC
?'notice is hereby given that on April 1 , 1987 the City Council _ 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 Str-,et, Lodi,
California, intends to adopt a Resolution of Necessity regarding
Eminent Domain, pursuant to Code of Civil Procedure (CCP) Section
1245.220, for the property located at 18695 North Kennison Lane
within San Joaquin County described as a portion of County Survey No.
3348 in Section 5, Township 3 :North, Range 7 East, Mount Diablo Base
and Meridian.
The property owners have been notified that they have the right to be
heard on the ratters referred to in CCP Section 1240.030 as it
relates to this property. Sp -_i -I 1 Y, CCP Section 1240.030 pernits
the City of Lodi to exerc?_se the po% of eminent domain to acquire
the property for a proprsed project .;.ply if all of the following are
established:
a. The public interest and necessity require the project.
be most canpatible with tre greatest public need and the
,east privates injury.
c. The, property sought to be acquired is necessary for the
proje:-t.
PursLant to CCP Section 1245.234, the property owners must file a
Vff=iN REQUEST 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 the:_r request to Alice M. Reimche, City Clerk. 221
West Pine Street, Call Box 3006, Lodi, CA 95241, phone 333-6702.
THEIR FAIMRE TO FILE A WRITTEN REQUEST TO APPEAR AND BE HEARD WITHIN
15 DAYS AF F -R 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 prier to, the public hearing.
Dated: March 4, 1987
By Order of the Lodi City Council
Alice M. Reimche
City Clerk
Approved as to form
Ronald M. Stein
City Attorney
(`TY COUNICIL THOMAS A PETERSON
C aty Manager
FRED \A. RilD, Mavor CITY Lu I 1Y-'
•� +� "-I-iA!.ICE M. EtEt`.tCEfE
M OLSON r i -LI ' <iY Clerk
ma;,or Pre Tempore CITY !T,P.:t:22? NEST PINE STREE?. tt��
DAVID NI HINCHMAN CALL BOX 3(K)b,�,^ _C C:.!ptp A; -D M STEIN
)AMES W PINKERTON. )r LODI• CALIFORNIA 95241-1910 "87 t; J °1 City Attorney
JOHN R. (Rantfv) SNIDER (209) 334-5634 D r V , ,:_
„
March 5, 1987 ALICE I -- Ir•'�Cr'"-
CITY CLERK
C1T r O�
William and Marion Johnson
907 Tara Place
Lodi, CA 95240
SUBJECT: Notice Regarding Resolution of Necessity
Code of Civil Procedure Section 1245.235
Notice is hereby given that on April 1, 1987, the City Council of the
City of Lodi intends to adopt a Resolution of Necessity regarding Eminent
Domain, pursuant to Code of Civil Procedure (CCP) Section 1245.220, for
the property located at 18695 North Kennison Lane within San Joaquin
County- descr-i-bed as a -portion_ of County -Survey. No. -_3348 in Section 5,
Township 3 North, Range 7 East, Mount Diablo Base and Meridian.
You are notified that you 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.
NOTICE
Pursuant to CCP Section 1245.235 you must file a WRITTEN REQUEST 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 you intend to be heard on the
matter, please bring in or mail your request to Alice Reimche, City
Clerk, 221 W. Pine Street, Call Box 3006, Lodi, 95241, phone 333-6700.
YOUR FAILURE TO FILE A WRITTEN REQUEST 70
APPEAR AND 8E
HEARD WITHIN 15
DAYS AFTER THE NOTICE WAS MAILED WILL RESULT IN WAIVER OF THE RIGHT TO
APPEAR AND BE HEARD.
G.E. Robison
Assistant City Engineer
GER/ma
cc: City Clerk
City Attorney