HomeMy WebLinkAboutAgenda Report - June 3, 1987 (82);'F;; CII, CO JMUNICATIO"%
TO THE CITY COU"C" dune 3, 1987
FROM. THE CITY MANAGER'S OFFICE Eminent Domain
SUBJECT: Adopt Resolution Rescinding Resolution of Necessity Regardingated at 18695 North Kennisan
Pursuant to the Code of Civil Procedure - Property
LocLane Within San Joaquin County.
PREPARED 61: City Attorney
o.
RECOMMENDED ACTION: That the City Council resNecessind i t °luRegarding
87-44 - Resolution of Y
Eminent Domain which was adopted pursuant to
Cede of Civil Procedure §1245.220, for Well IOR site acquisition.
BACKGROUND INFORMATION: The City Council had initiated emiCode f neat doProcedure
proceedings pursuant
§ 1245.220 to acquire property for Well IOR
me
site. The aPnop roceediwngssand were noelonity ger did
requi�ed. toAtagreement,
the City Council
meeting
P
meeting held May 6, 1987, Council approved all necessary agreements for
IOR site acquisition, at the eastside of Central California Traction
Well
line at Lime Street off of Guild Avenue, and authorized the CityManager
and City Clerk to e ecutements he have ebeennebecuted ehalf of Therefothe re,apursuantnd all uto
agreements and g the
Code of Civil Procedure §1245.260, upon agreement being reached between
City and the property owners, the Resolution must be rescinded.
ectfullly submitted,
Ronald M. Stein
City Attorney
RMS:vc
cccwell0/txta.Oly
THOPtAS A Pt If ERS:.:
CITY 0�{1ODI
ALICE M REiMCHE
E.VELY[. tis OLSO'�. h9avor 1 — C tv Clerk
JOHN R. (Randy) SNIDER CITY HALL. 221 WEST PINE STREET
Mavor Pro Tempore CALL BOX 3006 RONALD .tt Cily
Cih A;tornev
DAVID.M HINCHMAN LODI. CALIFORNIA 95241-1910
)A,',+ES v.' PINKERTON. It (209) 334-5634
FRED M RE.ID tELECOPIER .(2091 333-6?95
June 5, 1987
Mr. Thomas Newton
Attorney at Law
Mullen, Sullivan and Newton
1111 West Tokay Street
Lodi, CA 95240
Dear Torn:
59
Enclosed herewith please find a certified copy sc Resolution ut1 °Civil
no. O
- A Resolution of the Lodi City
itDomain Council
e tot ng Resolution
CodeoCi vi l
Necessity Regarding Eminent
San
Procedure - Property located a } 18595 North
Lod n City Council l yha n its
Joaquin County which was adopted by
regular meeting of June 3, 1987.
A copy
of all the recorded documents pertaining to this matter will be
forwarded to you as soon as the originals are received from the
Recorders office.
tions regarding this matter, please do not
Should you have any ques
hesitate to call.
Very truly yours,
Alice M. Reimche
City Clerk
AMR: jj
RESOLUTION NO. 87-59
A RESOLUTION OF THE LODI CITY COUNCIL
RESCINDING RESOLUTION OF NECESSITY REGARDING EMINENT DOMAIN
PURSUANT TO THE CODE OF CIVIL PROCECURE - PROPERTY LOCATE^u AT
18695 NORTH KENNISON LANE WITHIN SAN JOAQUIN COUNTY
WHEREAS, April 1, 1987, the City Council of the City of Lodi adopted a
Resolution of Necessity pursuant to Code of Civil Procedure §1.245.220
regarding eminent domain for Well Site lOR acquisition, said property
being located at 18695 North Kennison Lane, San Joaquin County; and
WHEREAS, the property owners of said site and the City of Lodi did
come to agreemen-;, and the City Council on May 6, 1987 approved all
necessary agreeme,its and documents and the same have been executed; and
WHEREAS, Code of Civil Procedure §1245.260 requires that upon agreement
between the City and property owners, the Resolution of Necessity,
Resolution No. 87-44, must be rescinded;
NOW, THEREFORE, !Zesolution of Necessity No. 87-44 adopted April 1, 1987
is hereby rescinded.
Dated: June 3, 1987
I hereby certify that Resolution No. 87-59 was passed and adopted
by the City Council of the City of Lodi in a regular meeting held
Jure 3, 1987 by the following vote:
Ayes: Council Members - Hinchman, Pinkerton, Reid, Snider,
and Olson (Mayor)
Noes: Council Membe~s - None
Absent: Council Members - None
ti
Alice M. Reimche
City Clerk
87-59