HomeMy WebLinkAboutAgenda Report - June 15, 1983 (38)CITY COUNCIL MEETING
JUNE 15, 1983
El
REPORTS OF THE
CITY MANAGER
REGULAR CALENDAR Following introduction of the subject by City Manager
Glaves, with questions being directedto
StlfMemberand to the
RES. NO. 83-54 City Attorney, Council, on motion of
Pinkerton, Murphy second, adopted Resolution No,. 83-54
RES. OF Resolution of Necessity Regarding Eminent Domain - 1325 S.
NECESSITY RE Hutchins Street, Lodi.
EMINENT DOMAIN
1325 S. HUTCHINS
_ STRECT, LODI
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CITY COUNCIL
EVE LYN M OLSON, Mayor
IOHN R (Randy) SNIDER
Mayor Pro Tempore
ROBERT G" MURQHY
JAMES W PINKERTON. Jr.
PR,1D'M REID
W
apti
CITY OF LODI
CITY HAIL, 221 WEST PINE STREET
POST OFFICE BOX 320
LODI, CALIFORNIA 95241
(209) 334-5634
May 27, 1983
Mr. 6 Mrs. Gene Jolley
1325 So. Hutchins
Lodi, CA 95240
6 Mrs. Jolley:
Notice Regarding Resolution of Necessity
Code of Civil Procedure Sec. 11245.235
HENRY A CLAVES, Jr.
City Manager
to E M. RE IMCHE
. City Clerk
1STEN
.11 HA'' 2 7 PIS°�'^ � j'" CitylAttorney
Notice is hereby given that on June 15, 1983, the City Council of the City of
Lodi, a municipal corporation, intends to adopt a Resolution of Necessity,
regarding Eminent Domain, pursuant to CCP Sec. 1245.220 regarding the property
located at 1325 So. Hutchins within the City of Lodi de -scribed as a portion
of Lot 54, Knoll Subdivision filed for record February 20, 1948, in book of
Maps and Plats, Vol. 13, page 8, San Joaquin County Records.
You are hereby notified that you have a right to be heard on the matters
referred to in CCP Sec. 1240.030 as it relates to the aforementioned property.
Specifically CCP Sec. 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 projeo
b. The project is planned or located in the manner that will be
most compatible with the greatest public good and the least
private injury.
c. The property sought to be acquired is necessary for the project.
NOTICE
In order to be heard on the matter set forth in CCP Sec. 1240.030, you (least
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 so file a written request. if you intend to be heard on
the matter set forth in CCP Sec. 1240.030, please contact Alice Reimehe, City
Clerk, at 221 W. Pine Street, Lodi, phone 334-5634, Ext. 277. YOUR FAILURE
TO 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.
Sincerely
E. Robison
Assistant City Engineer -
cc: City Clerk
City Attorney
RIMBY AVE.
110.5'
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P.U.E. Area: 348 s.f.
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PROPOSED ACQUISITION
RESOLUTION NO. 83-54
RESOLUTION OF NECESSITY REGARDING EMINENT DOMAIN
PURSUANT TO GOVERNMENT CODE SECTION 1245.220 ET SEQ.
BE IT RESOLVED by the Council of the Ci.y of Lodi
as follows:
The Council of the City of Lodi finds, determines,
and hereby declares:
1. That the public interest, necessity, and
convenience require the acquisition, construction, and
completion of a public improvement, to wit: street and
public utility right of way on and across certain real
property located at 1325 South Hutchins Street within
the City of Lodi described as a portion of Lot 54, Knoll
Subdivision filed for record February 20, 1948, in book
of Maps and Plats, Vol. 13, page 8, San Joaquin County
Records.
2. That the real property hereinafter described
is suitable, adaptable, necessary, and requited for the
public use of said City of Lodi, as hereinabove set
forth.
3. The proposed project is planned and located in
the manner that will be most compatible with the
greatest public good and the least private injury.
4. That the City of Lodi acquire the hereinafter
described real property for street and public utility
right of way, by donation, purchase, or by condemnation
in accordance with the provisions of the Cede of Civil
Procedure of the State of California relating to eminent
domain. That the City Attorney is hereby authorized to
prosecute in the name of the City of Lodi, any and all
actions or proceedings required to acquire the necessary
land and/or to fix the compensation to be paid for
property damage resulting from the conat-ruction and
maintenance of said improvements; and in the absence of
a satisfactory price agreement with the owner of the
land, the City Attorney is hereby directed to
immediately commence proceedings under Title Seven, Part
Three of the Code of Civil. Procedure of the State of
California to condemn the property hereinafter described
for the purpose of taking said land for the public use
of said City as hereinabove set forth.
5. To acquire in the
fee simple estate in and
described real property by
with t: c prokrisions of the
Code of .1ivil Procedure,
name of the City of Lodi, a
to the said hereinafter
condemnation in accordance
Streets and Highways Code,
Government Code Section
-1-
37350.5, and the Constitution of California relating to
eminent domain.
6. To make application to a Court of competent
jurisdiction for an order fixing the amount of such
security in the way of money deposits as sand Court i.iay
direct, and for an order permitting said City of Lodi to
take immediate possession and use oA said property, or
interest in real property, or existing improvements for
the public use as hereinabove set forth; to maka deposit
of such security or monies in such amount so fixed and
determined and in such manner as said Court in which
said condemnation proceedings are pending may direct.
7. The real property or interest in real property
which the City of Lodi is by this Resolution authorized
to acquire for said public improvements is situated in
the County of San Joaquin, State of California, and is
more particularly described as follows:
"A portion of Lot 54, KNOLL SUBDIVISION as
filed for record February 20, 1948 in Book
of Maps and Plats, Vol. 13, page 8, San
Joaquin County Records, being described as
follows:
"Beginning at the Northeast corner of said
Lot; thence S. 00 15' E., along the East
line of said Lot, 94.14 feet to the
Southeast corner of said Lot; thence N. 890
38' W., along the South line of said Lot,
5.00 feet; thence N. 00 15' W., 77.14 feet;
thence N. 44' 55' 59" W., 24.17 feet to a
point in the North line of said Lot; thence
S. 89° 38' E., along said North line, 22.00
feet to the point of beginning.
"Commonly known as 1325 So. Hutchins Street,
together with an easement for public utility
use more particularly described as follows:
"A portion of Lot 54, KNOLL SUBDIVISXON as
filed for record February 20, 1948 in Book
of Maps and Plats, Vol. 13, page 8, San
Joaquin County Records, being described as
follows:
"Commencing at the Northeast corner of said
Lot; thence S. 0° 15' E., along the East
line of said Lot, 94.14 feet to the
Southeast corner of,said Lot; thence No. 890
38' W., along the South line of said Lot,
5.00 feet to the TRUE POINT OF BEGINNING:
thence N. 0° 15' W., 77.14 fee:.; thence No.
440 55' 59", 7.11 feet; thence S. 00 15' E.,
-2-
82.20 feet to a point in the South line of
said Lot; thence S. 890 38' E., along said
South line. 5.00 feet to the TRUE POINT OF
BEGINNING."
8. Pursuant to Government Code Section 7267.2, a
written offer was made to the owners of record in the
amount of $5,379.
DATED: June 15, 1983
I hereby certify that Resolution No. 83-54
was passed and adopted by the City Council
of the City of Lodi ii: a regular meeting
held June 15, 1983 by the following vote:
Ayes: Council Members - Pinkerton, Snider,
Murphy 8 Olson (Mayor)
Nees: Council Members - None
Absent: Council Members - Reid
Q`
Alice M. Re gtche' '
City Clerl
-3-
lJ
RESOLU'T'ION NO.
_0
RESOLUTION OF NECESSITY REGARDING EMIRENT DOMAIN
PURSUANT TO GOVERNMENT CODE SECTION 1245.220 ET SEQ.
BE IT RESOLVED by the Council of the City of Lodi
as follows:
The Council of the City of Lodi finis, determines,
and hereby declares:
1. That the public interest, necessity, and
convenience require the acquisition, construction, and
completion of a public improvement, to wit: street and
public utility right of way on and across certain real
property located at 1325 South Hutchins Street within
the City of Lodi described as a portion of Lot 54, Knoll
Subdivision filed for record February 20, 1949, in book
of Naps and Plats, Vol. 13, page S, San Joaquin County
Records.
2. That the real property hereinafter described
is suitable, adaptable, necessary, and required for the
public use of said City of Lodi, as hereinabove set
forth.
3. The proposed project is planned and loctited in
the manner that will be most compatible with the
greatest public good and the least private injury.
4. That the City of Lodi acquire the hereinafter
described real property for street and public utility
r;ght of way, by d --nation, rt:rchase, or by condemnation
In accord ince with the provisiz ns of the Code of Civil
Procedure of the State of Califori:ia relating to eminent
domain. That the City Attorney is hereby authorized to
vrosecute in the name of the City of Lodi# any and all
aoLlons or proceedings required to acquire the necessary
land and/or to fix the compensation to be paid for
property damage resulting from the construction and
maintenance of said irprovements= and in the absence of
a satisfactory price agreement with the owner of the
land, the City Attorney is hereby directed to
immediately commence proceedings under Title Seven, Part
Three of the Code of Civil Procedure of the State of
California to condemn the property hereinafter described
for the purpose of taking said land for the public use
of said City as hereinaWve set forth.
5. To acquire in the
fee simple estate in and
described real property by
with the provisions of the
Code of Civil Procedure,
name of the City of Lodi, a
to the said hereinafter
condemnation in accordance
Streets and Highways Code,
Government Code Section
37350.5, and the Constitution of California relating to
eminent domain.
6. To make application to a Court of competent
jurisdiction for an order fixing the amount of such
security in the way of money deposits as said Cqurt may
direct, and for an order permitting said City of Lodi to
take immediate possession and use of said property, or
interest in real property, or existing improvements for
the public use as hereinabove set forth; to make deposit
of such security or monies in such amount so fixed and
determined and in such manner as said Court in which
said condemnation proceedings are pending may direct.
7. The real property or interest in real property
which the City of Lodi is by this Resolution authorized
to acquire for said public improvements is situated in
the County of San Joaquin, State of California, and is
more particularly described as follows:
"A portion of Lot 54, KNOLL SUBDIVISION as
filed for record February 20, 1948 in Book
of Maps and Plats, Vol. 13, page 8, San
Joaquin County Records, being described as
follows:
"Beginning at the Northeast corner of said
Lot; thence S. 0° 15' E., along the East
line of said Lot, 94.14 feet to the
Southeast corner of said Lot; thence N. 890
38' W., along the South line of said Lot,
5.00 feet; thence N. 00 15' W., 77.14 feet;
thence N. 440 55' 59" W., 24.17 feet to a
point in the North line of said Lot; thence
S. 89° 38' L., along said North line, 22.00
feet to the point of beginning.
"Commonly known as 1325 So. Hutchins Street,
together with an easement for public utility
use more particularly described as follows:
"A portion of Lot 54, KNOLL SUBDIVISION as
filed for record February 20, 1948 in Book
of Maps and Plats, Vol. 13, page 8, San
Joaquin County Records, being described as
follows:
"Commencing at the Northeast corner of said
Lot; thence S. 00 15' E., along the East
line of said Lot, 94.14 feet to the
Southeast corner of said Lot; thence No. 890
38' W., along the South line of said Lot,
5.00 feet to the TRUE POINT OF BEGINNING:
thence N. 0° 15' W., 77.14 feet; thence No.
440 55' 59"0 7.11 feet; thence S. 0° 15' E.,
—2-
82.20 feet to a point in the South line of
said Lot; thence S. 890 38' E., along said
South line. 5.00 feet to the TRUE POINT OF
BEGINNING."
8. Pursuant to Government Code Section 7267.2, a
written offer was made to the owners of record in the
amount of $5,379.
DATED:
3-