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HomeMy WebLinkAboutMinutes - January 9, 1929313 Council Chambers -City Nall City of Lodi .ednesday, January 9. 1929 Pursuant to the ad,•ournment taken from re zula.r meeting, of January 7, 1929, the amity Council of t're City of Lodi met in reaula-r session at 8:4J o'clock- 2. :i. on: the date and at the place first herein aboT.,e written. Councilmen hale, Roach. Shattuck, . ie're an -.i Spooner (.:ayor) present, the latter pre- sidin;z. Lir. Robert..1. ._ Searls, Assistant ",i ty :;_ttorney, beinl- Pres_nt at the re'l zest of the :ayor addressed the Counoil rezardina- conditions as now eaistina in t e suit of the City of Lodi aa-ai-at t::e 'a^ific las an: :lectri-_ :orro ny, the ias toay :.lunicipal ;;tili ty District. Ste chen ?ie fifer and otr_ers. 3e stated that a -ter consultation with Superintendent ennin,� he felt asaured that the conatruction of a hydroelec- tric power Plant on t e lands of the Colorado ?ower Company would be a fe'isible project if the City was assured of the re- lease of waters proposed to be impounded by the defendants in the suits abo7e Mentioned. The Cleric t'ren read a letter from supertendent J. A. Hen- ninq a true copy of w?ich follows these minutes at pa e 314 the row. The Cler4 then read a letter from t e Colorado Power Com- pa:'ty tendering a deed to the riparian lands of that Company in i"lad7r 3^Q ElaTaer3s Coilnties, California, and settin4 forth the conditions subsequent u7on whioi- the dead noulci be -_raven. A true copy of t -is letter follows these minates at pate 315 the r�of. After t,e readinx of the letter of tender abo-.'e referred to, the Clir.c read .^-3 deed at len?t : to .re Ci `y Council and to the attorn_�,•s forthe City and Colorado ?ower Company. after consideration of -e deed andthe conditions therein enumerated CounOiimZ1 Shattll0 , seconded by Coun;ii. an ."iiehe. introduced Resolution No. 566, "k -Resolution accei)tin;� t o deed from Colo- rado Power Company." Resolution :.o. 566 was t^en oassed and adopted by the fol - 1o, in Z. ote: AYES: Councilmen S^attuc:c, Iiehe, :iale, Ro::c'r. and Spooner, ( _. 'ay or ) NOES: Councilmen i -OU ou7cilmen A full and true copy of said Resolution No. 566 follows these minutes at pate o18thereof. Councilmen 3 attuc:= seconded b; Councilrsan '; i_'r_e1..hen introluced Resolution i;o. 507, "3 Resolution formally accepting t^e conditions attached to -e deed and dedica- tin? the lands t er_in con.eyed to public use as the site for a hydro 'electric poser :'eneratin7 -plant to :)e used in connection *wit* - the distributi-n sTsr-7_ City O' Lodi.' - Resolution No. 567 :tae then finally passed and adopted by the foilo-winfz vote: YYy5: Councilmen 'Shattuck,iViehe. Hale, Roach and Spooner; a4or) . .: NOES: Cdrncilinen' :210N.:; i­333ENT: C•ounctlmen :1.02.y 3 full and=true.copy of said-?esolution tio. -567-appears' at - page 319 o= : the se minutes. It appearin; on advice of Council that suit in eminent domain a?ainst Ste-oren E. _:ieffer seekinp, to condemn a parcel of lend re- parian to the L-okelumne _River situated between the txo parcels just acquired from the Colorado Po!rre= Company would be necessary. institution of such a suit was authorized, ordered and directed by the passage of :?esolution i.o. 568 introduced on :lotion of Coun- cilman coach, ,iiehe second, ind finally passed and adopted by the 314 following vote: AYE$: Councilmen Roacn, .iehe, Hiale, Shattuck and Spooner, (Mayor) NOES: Councilmen DONE ?.33 i+T: Councilmen NOLE' On motion of Councilman Shattuc:,, the Cit,; Council then stood adjourned until the day and 'your of their next re--ular mee tint. r i''��ST: City C1 erk Dece:aber 27, 1928 To the Honorable City Council, of the City of Lodi, Lodi, California -Gentlemen: At the be?inninz of the year it is customary to look for- ward and to plan one's activities for the teaelve months to follow. In my capacity; as Su*?erintendent of Public Utilities I bei leave to call attention to some of the major problems in this department yet before us. The water stora;ze proposition which I believe has not been riven enou;,h serious cobsideration. 3 1,000,000 5rallon elevated steel tank that can be erected at a cost of X60.000 would save the cit;, annually .$x3,000 on poa:er bills, 41,'b on in- surance premiums in the business district of the city, assure the city of a continuous Supply of water in case of breakdown, besides rel ievin? the electric sySten, of pumpin; load, when it is loaded to capacity. I would call yo -,r attention to the proposition to re- model the wat-r works buildin�, at an expense of >�3,500. This work I think iipr-nt well be held in abeyance as the only ;ood expected to be accomplished is a setter lookin? buildin?. In- deed it might be possible to accomplish the sane results at only nominal expense by plantinz i. -j to corer the buildinR, wails and make a very attractive and aupropriate housin!: for the water works. I think :;:25.00 would co^er the expense and release this appropriation for a more useful purpose. The extension of vrater mains in t e 3urr addition will be completed be fore t're first o ° :,`ebruar;;, and before that time I think a draft of a ne.,l water rate ordinance will be in ;;our hands for your consideration. Then there is the proposition o_' the Colorado Power Company submitted by :Sr Thayer zhich I believe is of prime importance. Assuminz that the riparian water rusts are a•3judicated in the river so that t ere will flow down the river in undiminished quantity as much water as in the past 22 years a plant situated at the Thayer site could deliver an average annual output of above 12,000.000 :_.ii.E. at a production cost delivered to the City or Lodi of not to axceed 3 mills ner 7.f.n. This fiau.re indicates a large possible saving to the city in view of the present cost of 9 mills per /.}. even if an additional cost for adequate stand-by service to added to the 3z mill price. 315 In view of this possible sa.-in, and in view of other ad^a.nta;res to the city of cavinP this independent po:ler sup- ply, I believe and recommend that the cit;; should take immediate stens to acquire these riparian lands, if it can be done at a nominal cost, and have the necessary en:rineerinfr studies :.lade loo_:in- to tre development of this power site. Stens s ould also be ta:,en to protect the city's le?al posi- tion as a riparian o;vner if this land is acquired. I=mediate action is advisable as the water of this stream so vital to this locality is fast nassinq into other control than that of the people of this district. 'fours truly, Superinten'ent Public Utilities. January 7, 1929 Council of the City of Lodi, San Joaquin County, California. sentlemen: - Pursuant to the request of 11a,^or Spooner made to the President of our CoWaany t'. at ,we present to your Honor- able Council a definite orocosa.l, .thereby the City of Lodi can at this time Fir -al,; secure the property of our Company riparian to the .,o :eluane River, in Amad•or and Cala�reras Counties, California, and as soon as practical therea'_ter de :-elop thereupon a municipal Po�,,rer Pro Ject to be used in connection with the present municipal distributian system of the City of Lodi, we submit the followinir plan: for ,Tour consideration: Peferrin- to our formal presentation to your Conn- cil on June 27, 1928, of a proposal to matte a no'.^er survey to the City of Lodi, and the contimaous territory, under the super vision and direction of the Lodi District C'r.a^iber of Commerce, waicn proposal ,irs b;,, resolution apnrov=d by the Cit, Council at a -n adiourned-G.7•`ar me=tinrr held on the same date, and 7r'ngrein the Coan^"7 il aU=steel the O:^9nlner of CommerCeto su�ervi.se any .ifict•such a surrey, vfhioh reryUest '.las b4 resolution unanimously passed by the 3o°ard o- J rectors of the Chamber o' ^P2-cF 2t t'^sir subsequent _eaular me=tine;, the sur'7?;J Was u?1!Erta.cn and .^.as 'Ire_✓! rd is rom, be in.� prose- cuted. i:'eV.esuits of the survey to date. toiTcthE :it our studies and en=ineerir_= in:-estiontions o the potential ripar- ian no;ver output of our Ca -'!many, clearly indicate that t. e economic oositi3n and interest3 of the City o Lodi mould be improved and protected by `he acquisition Of tl-= riparian h•oldinzs of our Comnan• and the i -.,,mediate de:-elopment there- upon of a municipally constru:ted and operated hydroelectric Power iroiect to be Maintained in conjunction vrith the present municipal electric distribution system of the Cit;;. Recent developments indicate that the t i ie is now oppor- tune fo:^ the Cit;; of Lodi to determine upon the .^:akin- of a municipal utilit;7 o: our 'ro.iect -.ind there fore , in compliance with the requ_at of your ::aycr ale are here ri th submitting to your Honorable Council a proposal .:hereby the City may firmly secure our property, to -crit: 31� Se hereby tender in fee a deed of the property taus souzrt to t!e Cit, of Lodi, conveying the said riparian property of our Company on the _11okelumne River, s;lb ;ect to the followin;r conditions which shill be more g„illy set forth in the said deed, and %Yhic h shall be exercised in the se- quence follo-,JinQ: Arst; That -v1tnin a reasonable period from and after the date :ereo , you shall accept the deed •:Jit: such title to the said riparian property as our Company now has: Second: That thereafter and within a reasonable period -from and after the date hereof you shall cause the en;rineerinz features of the proposed project to be finally in^esti;rated, determined and the findinR-s reported to our Coc:nany: Third: That thereafter and wit^in a reasonable period from and after the date hereof you shall cause to be held an election aut'rorizinz the construction, upon the propert;; herein referred_ to, of the pro- posed ?ro ject ',-orks; .ourth; Th_t thereafter and subsequent to the author- ization and emstruction ff the said ?ro ject �,orks you shall, for a terra of ;ears, cruse to be paid semi-annually to our Corsham,• or their successors, a per kilowatt hour royalty upon the electric energy production from the said 'roject. If the fore?oina conditions shall not be coIIDlied with in their respective sequence, ;;our title would, u,00n lapse of the periods so provided in the deed for their observance, revert to and revert in the undersix-ned. '.;e appreciate that before actual construction of the Project :;oras can be undertaken, the proposition must first be submitted to your voters for their approval , and that this cannot be done prior to ,;our haying made a more detailed enx_Tineerin? investigation. In view of the necessity of the fore?oing D_rocedure, ae Su=?eest this plan as one vLhich vie be— lieve will afford adequate opnortu:.ity for the final en�rineer- ing investi?ations, and at ti:e same time glace the City of Lodi in a firm position durinx the period that must of necess- ity elapse before actual construction o' the project 'forks can be undertaken. There is a necessary condition to which erre request the City of Lodi to asree as a consideration for the delivery of the deed at this time, the purpose of .which is to protect our Company in its existin z pronert_j ri cr ts, in the property to be conveyed, should the title revert to our Company by reason of the oparatibn of the conditions subsequent inserted in the deed. This necessary condition is that the Cit; of Lodi shall in good fait= protect, defend and vreser^,e all o' the existinz ri?htS of our Company a-7ainst any in nision by zontinuin-x to prosecute the pendia; suit against t o Pacific sas and Electric Comply or by irstitutinc_, another suit in its stead, and fur- ther by instituting such other suits as may be necessary for injunctions or derma?es or otherwise. and that no. settlement or dismissal of any s;;ch litigation will be made by the City of Lodi as 3rantee except upon terms that are satisfactory to and approved by the Colorado Pouter Company as Grantor, either for injunction or da^iae or othenTlse includin7 arV suit ao-ainst the City of Lodi. In order to preserve the integrit;, of our Pos-_r. ?roect for the maximum development thereof, we recommend, should this proposal be accepted, the advisability of the city of Lodi im- mediately brinainz a suit in eminent domain condemnin. the rs property described in the a.rnended colaint in suit No. 1523 now oendin;z in the Superior Court of Calaveras County, California, by Colorado 'o-:;er Cornpany as plaintiff vs. Stephen S. __ieffer, et al., defendants. 317 S._'o lld your _=onoraole Council accept the deed as �_erein DrODose•d, an^ thereafter '.here should become due and payable any taxes anon the property s0 3Jn �_y£"•], it shall be under- stood :fat such taxes, if aru. s^all be paid by the City of Lodi, and farther -.,at the City shall pres2r!'e the title so contreyei to it by :cur Cosa,oary free of a'1 claims. liens or ccarp�es of whatsoever, nature incurred, done, or suffered by the acts of the Cit;, of Lodi *=ndinz the actual constru.^.tion of the ?ro•-ect Wl:rks as herein Set C7rth nn? t?':e SliOSe(]uent pay^en, of royalt-; or szxns in lieu of royalty to be raid to our COnpany Or their 31aCce330r9 n'4rsuarit to the terms to be recited in the deed so con:-e,yin�z the said property. In ac,centinz the deed as proposed to be tendered by our Company, the Cit:. of Lodi shall covenant and a:>re= t -at it will not -7olunt rily sell or con-rey the property described t're::ein, or any n�rt tnereor or an interest -rein, unless it be to suer- municipal or public utilit_T district as may .__real._- :,e o, -ari..ad incl..'e the �ity of ..odi and .. Gi Ci shallServe the City of Lodi and its environs Vit electri"Vneray, +r?,Pd ._.r, onl- l] -non accentancee by said dis- S`riCt of the same c:nditions� as are herein specified; but if, however, the said property, or any 'part therso- or any interest thereir 3 J'.ld be transferred by adverse proceedin?s ' Or Other rise :''t,E _by the re^e 3t inz of t:_.. title in our Company should be renlerel impossible our Comspany shall be immediate- ly entitled to receive directly seventy-fi^e per cent of the entire consideration otheri:is= to be recei^,ed by the City of Lodi for such transfer of title after deducting therefrom so of said co-womnsation as is desi?nated as comoensation for imoro-ements ^laced on said premises the _actual cost of such i2Dro:e ants, it being intended by this proposal that the said prorirt-,- or said portion of the a^ails thareof stall be re turned or oaid to our Company ur:l=ss the proposed hydroelectric po,ier protect is constructed and operated and a royalty or sums in lieu of ro, alty paid to our Con.oany for the stated period to be recited in the deed, in aO epti.n? the deed, the City of Lodi shall covenant and a?ree t hat, if the said aroperty should return to the Colorado ?ov;er Ca -Carl, "by reas,)n of the breach of .any con- di.`ion sifosen-uent in the deed, the City or Lodi :Till transfer to nOl'7"ado pO; -c"r 0^nYrl ' at ti 1a the said COnu ti 0n Sub- sequent becomes orerati,re ar..; claims for damaes to re property, then ex;,stinr in fa^or of the Cit; of Lodi a7ainst any peerson., firm, corooratior_, municipal corporation, or body, On account o`_ any diversion of '!IA`a:9, or inv'asion of rinarian ri!: ts, and that the Colorado 'o:ser Company shall be entitled to such transfer of any Clain for damages at that time; and that t_^e Cit;; recoa-rizes that the continued existence of the property .•;ith t, a :';iter ri hts intact is the sole security to the Cz)13rado ?J'.cr Coaipa_ny for Performance of the conditions subsecuent to said rant, and gnat therefore until the �rantee s' -all- _av fu11 complied ;;i said con .Yd fitions sa')seauent 're Joiorado a0:'.er :.o' ,,nY is ?i,. litl_a to 2nd am,,unt o2 'damaTas a.va-^ded b; -adarnent or as ,ha result of settlem nt ;or the tar {in- of any V!ate" from property, or in'.asion of the water ri'hts connected her pith. That the position of theCity of Lodi 'nay be stren-t'rened in any riparian lite -a ion, sve •!rill agree to become a .oint party to sup liti?ation, a it ser as plaintiff or de fendant, as in the opinion of your counsel the circt.m3ta3nces in any suer. litization -ay re iuire. In vi v,11 of v. e status of our present litigation, vie are of necessity compelled to m :e this proposal for immediate ac- ceptance or rejection. fOre unless th•.e s&:e is aCCeptEd within ten (10) days from. and after the date hereof, upon the conditions :_ereir recited, this proposal is to oe considered as wit'rdra%,Nn. Very truly yours, .1i iZ'S T COL03 0 Po':'ic ? .secretary 3y 'resid£nt. YIPKiZ9S, Colorado Power Company has tendered to the City Council of the City of Lodi a deed conveying to the City of Lodi certain riparian property of said corporation situate on the Mokelumne River in Amador and Calaveras Counties, State of California, which, in the judgment of the representatives of the said company and of this Council, is economically adapted and necessary as a site for the development of a municipally owned and operated hydro-electric Power Plant, to be constructed and operated as a project works by the City of Lodi in connection with, and to be made a part of, the present existing municipal electric distribution system of the City of Lodi; and WEER 3S, the conditions of the said deed are conditions •subsequent, which do not require the City of Lodi to construct the said Project Works until the said project has been designed along lines which will meet with the requirements of the present municipal electric distribution system and until the voters of the City of Lodi shall have had submitted to them a proposal to incur the necessary indebtedness for the construction and operation of the proposed hydro-electric power plant; NOW, THER.: ORE, BL IT, AND IT IS HERBY RESOLVED, that the City of Lodi does hereby accept said deed, subject to the terms and conditions therein contained, and the Clerk of this Board is hereby authorized and directed to cause said deed to be recorded in the offices of the County Recorders of, gmador and Calaveras Counties, in the State of California. 31! :HE13, Colorado Poorer Company has offered to dEli:-r to the Citi of Lodi a deed con•re;rinpr to said oity V_.-e=rian -�r~ ope_ty o: said ; o.- orrati,3n situated on tr:e :'oke_IzLmne :?i7 -?r in:vmador and Cala,,-eras lounties, in the State of California, ..l::ic in the 4,ud_In.nt o-2 the re- rresintatives Of zhe said co:aoani &n1 o: this Council, is economically adapter and necessary as a Site for the develop- ment o' a munioipally owned and operated hydro -electric node. Plant, to ')e ,Onatructed and OJeratei a3 F. project wor:{3 by ..e IIity of ..00i in connection wit^, ! nd to Je f".'iade a part of, the oresent exiazinz municipal eleCtrlC distribution system of the City of Lodi; and 3j6a5, t'e conditions atta:.'r_ed to the tender of the said dee.: a_Iz tr_:. the City of L.oui accept the deed, COn'eyint:^.e D:moa. J*+erty of the Colorado ?OtYer Co'ny as �here- ina`t.r des3ribe_d and such title to the. said pronerty as the Colorado ?oner Cranany now has s:>b,-ect to certain conditions subsequent esnressed in said deed, and thitsettlement or dismissal of `<nyliti:�ation noxa r!endinir, or^Which may 001- 1•o%v the acouisition of title to the said property bj the ity of Lodi, ani=ctin;z the riparian ria -t3 to the flow of the .'o::alumne ?i^.er ,^.ro ad: t o said property, :v:i3^ ri ?:ts fare part and parcel of t',=- said Property. Shall be satis-__sctory in terns to ace :olorado?oae r Compare f and approved b;; it; and ,.W?::_3, the City Council of the City of Lodi oe- lieres that tr.e conditions attached to said offer of con"eiince are reasonable, u•o n3t in-!ol.'e any present hep -,-y commitment t0 expenditure by .he Cit;; of Lodi, and should be .accepted; VOW, T 3?EFO? , be it, and it is hereby 3ESOL`i'D. t::at said conditions atta-zhad to said ten- der be and =_y _~e hereby acceptei. and that the Clerk of this 30fir3 is ceraby ast%:orize.1 and directed to notify said col)rado-'y'0:`her !3-1p ny, in'.7riti?•:? Of 8113111 aacertance and to tra_ns'1it to Said 30�npany a coot' of this resolution; and OE it 2. -_;2. ._30 "'10, that the said prooert.7, so con'ray- ed to the City of Lodi in said deed isrerab:r appropriated and dedi•-cited to public use, tO-',',it: as a site _0r the const.raction of a reservoir, oo i:r 'rouse, bus -yard, operators, ouarters and other appurtenant structures to be desi-ped, constructed and asel in the =eneration of electric ener r for tree usz of the Cit;; of Lodi and its inhabitants; and be it t the City ;n;rineer and the superintendent )' Public ;:tilities be and,..rar are hereby au- ^orized area airEctad to tape such steps asintheir iudment are necessar:: tc+ermine exoeditiousl:r ;end finally the en- ;rineerinz o::aaes ofthe proposed proiee,. ;s1d to initiate and cress suer o'h-r in^esti?ati)ns and explorations as may )a necessary, a-znu report their 'irdinas to this Council at the corniest ^ossibl` late; and be it 2'30L"i.:), that the City attorney be and he is r=_reby authorized and dire3ted to prepare and submitto tris Council a report settin-z forth in datall the legal procedure necessary for the presentation to the electorate of the City of odi of a plan for the Clnancin?, construction, and opera- tion of the said prooased project -xo:^tea as herein set forte; and be it that the City ttorrey be and he is hereb± authorized and directed to nezzotiate ',with the proper 7ederal and State allth3 ities in the obtair.inT Of in formation, permits, sand licenaes necessary and useful for the ex-oedient determination Of procedure and construction of the said protect ,works as hereir set forth; and be it 320 :LRT��R ?sBOL`TM, that the City attorney be and he is hereby aut orizei and directed to take such stens and to Com - Men Ce, prosecute or defend an., lit! �zation ",hi3h nay be neces- sary for ire protection of the r Vr is of the City of Lodi in and to the riparian flow O f th _.`.J'relumne 'liver u-oon the rrem- ises so OOr7ayed and to associate said Ooloralo ?o -ser Company as a Oart;j to said litL7ation here.er and whene7e.0 re shall deem it necessary for the orotection of the inter=sts of the City of Lodi and the Contin -ant interest of the Colorado ?o';der Company; and be it "J3.'L=i3 R':iOL'iED, that none of the said liti?ation, if and when brou;zht or de- ended, s all be settled or dismissed durinz the period of. the retention of the said reversionary interest by the Colorado Po.ver Compar.-y, except upon such terms and conditions as are satisfactory to the Colorado 'ower Ccm- pany and to the Cit;; of Lodi; and be it 3Z IT v'i ,R :.�0L1E7, that .re City of Lodi Covenants and a:'rees that, if the said prop'ert;j shotild re- turn to the Colorado ?o,ier Company by reason of the breach of any condition subsequent in the iced, the Cit;; o' Lodi will transfer to Colorado ?ower Company at -the time the said condi ti on su.osenue r.t deco nes ope rati :-e any claim ; for danaae s to the property, then existing in favor o= the City of Lodi a ainst any person, firm, coroor.uti•on, municipal corporation, or body, on account of any diversion of waters, or inrasion Df riDartan r izhts, ttn3 that the Colorado ?ower Cor oany shrall be entitled to such tram er of any olaic: for dama?es at that tide; and that the Cita reco;mlzes that the continued existence of the property with the water ri1^ts intact is the sole security to. the Colorado 3 -,,her Company 'or ner_ormance of the conditions subseouent in said -rant, and that t,erefore until the ?rantee shall have full;; complied with said conditions subsequent the Colorado ?ower C3-.Dany is entitled to any amount of damages awarded by Oudanent, or as the result of settlement, for the ta_tinz of any water from the oronerty, or invasion of. the .ate_ rizhts connected thire-iit ; and 33 IT ,r � `3OI.7_,:), that _:e `_Ilerk of this 3oard be and is hereby authorized and directed to trans- mit a certified cops' of this resolution to the Colorado Power llompan,7, as evidence of the acceptance of its offer, and to cause the deed acce oted by the terms here of to be forthwith recorded in the o:fices of the ,ounty aecorders of smador and Calaveras Counties, State of California. ?U -IMM ?_&SOLyr,L, that the City of Lodi covenants and aerees that it will not voluntarily sell or convey the pro- perty conveyed and deeded to the City by the Colorado Power Company, or any part thereof, or any interest therein, unless it be to such municipal or public utility district as may here- after be orzanized w'^ic'r_ shall include the Cit; of Lodi and which shall serve the Cit.; of Lodi and its environs with elec- tric Ener;,;, and then only upon acceptance by said district of the same_ conditions as are herein accepted; but if, however, the title he r r r any a to t said r ope ty, o _.;,� part thereof, or any interest therein, should be involunturil:y transferred by ad- verse Droceadin?s, to any other person, fir -i, corporation or public body than the one hereinabove last mentioned, whereby the revestir;r of the title in t Colorado ?ower Company by reason of ailure of tr=_ e zrantee in said deed to comply with the conditions subsequent therein inserted, should oe rendered impossible, then, out of any compensation or dwnazes which may be awarded by a court or 'ur,-y or in settlement o' liti7ation for the tarinz or damazi^P of said premises, ',hare shall be raid to the City of Lodi the total cost of tmnrove.ments placed on said property, (but in no event more than the portion of said award specifically coverinz improvements), and twenty- five percent of any balance over and above said amounts, and there shall be Paid directly to the Colorado dower ComDany seventy-five per cent of the entire balance over and above said cost as so limited. 3�1 a�SOiu T I011 568 ?.:307.'%:7, that public interest and necessity of the City of Lodi require the tasina b,; said :ity, throue'. __ _ercise of the ri ht of emir_ent domain, o' all the real property situ- ate it the Counties of yniador and Cala^eras, estate of California, and more particularly described as follows, to-'ait: That portion of the svt of the Ii o' Section 34, Township 5 I.orth, Rama 10 -ast, :.:.0.3. particularly describel as follows: at a point on the easterly boundary line of the said S}vL. of the I.EY o'_ said aection 34, from which its northeasterly corner bears North 4 den_. 55' .Jest 245.00 feet, and runnin� thence the follow- ing courses and distances variation 17 de?. Last: lst- 3 OJ deo. O1' Y..65. 00 ft. , thence znd- is 88 deo. 58' .;. 115.73 " " 3rd- 3, 45 de?. 11 77.69 " " 4th- 17 88 de?. 57' .r. 67.75 " 5th.- S 68 de ;r. 51' 12,8. 9k7 ' " 6th- 85 de?. 19' :i. 87.75 " " 7th -S 71 de Z. 12' '.J. 79. Zo '+ 8th.- 3 83 de a. 18' :J. 97.75 " 9t'r.- 80 de?. 17' "i. 210.77 " " 10th- 3 49 de a. 45' 'a 45.7.5 lith- i+ 58 de z. 50' J. 91.04 to the westerly boundary of the aaid tract from which its cor. bears .i > de a. 52' '.J. 472.00 ft., thence 12th- S 2 de?. 52' n. 183.00 " 13th- 3 76 des'. 41' r;. '_'24.00 " 14th- 3 84 de a. 5v ` loci . 53 " 15t'- 74 de x. 4L' 193.24 " lotG-L. 83 des. 32' 83.80r t 17th- 3 80 de T. 1L' 127.52 " 18th- I, 87 des. 19' ;. 146.81 " 19th- 3 75 de.a. 23' '39.69 " 20t'r.- 3 36 deo. 09' - 82.79 „ 21st- 3 67 de?. 29' i. 81.35 " 22nd- 3 48 dei'. 10' 72.76 ' 23rd- S 84 de �. 23' 75.32 " 24t'r_- U 27 de;. 50' W. 65.17 25th- 'T 49 dei. 09' 7i. 88.11 26th- ' 21 de?. 26' .'i. 60.31 27th- i. 38 de a. 49' 58.71 " " 28th- N 53 de?. 47' 79.15 " " 29th- i; 4 dei. 55' 'd. :132.00 " to place of bei�in- nin� and containing 7.2;39 acre's, more or less and bein-7 that portion of the 3.i4 of o' Jec. 34, Township 5 Itorth, Range 10 .last, ..D.3. & . and also all ri-71for the construction of ditches and t're di - Lversion and i^ipoundina of .eater of the ..obelumne River from, on, or over the olli:finz prorert:,r situate in the Counties o' Amador and Calaveras, State of Cralifornia, and more particularly de- scribed as follows, to -Wit: (1) The ".J4 of the 1.",J1 o. the NIS of section 38, T 5 i., R 10 3, dein-, twenty (20) acres more or less; ,q?0 (4) she 5:: and the �;z of the Si-_, of the of the UE of Section 34, T 5 :;', 10 3. being Fifteen (15) acres more or less; (3) ''the J', and t.^e J' of :e .�",+,', of the SE;. of the I�7i4 of Section 34, T 5 U, ? 10 , bein;? thirty (30) acres more or less; (4) The Sj of _ SJ-� oC the 111y of Section 34, i' 5 N, 3 10 L, being vaenty (20) acres more or le ss. and be it that t're taiinx of said property and the fee title thereto is necessary for the puulic use of the Cit,; of Lodi in constru.tion, maintenance and operation ' of a hydro -electric plant, consistin-c 3f a dart, reservoir, con- duits, power house and other structures designed to Lfurnish an adequate supply of hydro -electric ener,y to b� distributed to the Oit.7 of Lodi and its inhabitants by means o' the construction of a transmission line from the said po:rer house to the City of Lodi and throusr its existinJ municipally owned electric distribution system; and be it _T, TI. a•. t, L�:._. ,JOLr�'L� that the City �Lttorne7 be and he is hereb�,- aut horized and directed to commence estinent domain procesdings for the acquisition of said property and ri;z is in a court of approuriate Jurisdiction.