HomeMy WebLinkAboutMinutes - December 10, 1935278
COUNCIL CHAMBERS -- CITY COUNCIL
CITY HALL -- CITY OF LODI
Tuesday, December 10th, 1935.
Pursuant to its ad:curnment taken from a regular meeting of
December 2. 1935, the City Council of the City of Lodi met at 8 O'clock
F. M. on the date first above written. Councilmen Clark, Graffigna,
Spooner, Weihe and Steele present.
No persons being in attendance in the Council Chambers, the
City Council adjourned the meeting to the offices of the City Clerk.
Mayor Steele presiding.
City Attorney. Glenn 'West, addressed the Council in regards
to the necessity for the acquisition of certain lands below the City's
proposed dam on the Mokelumne River from the Penn Mining Company and
Henry G. Kreth so that the City might avail itself of additional fall
and also to prevent any operations below the damsite from lnterferring
with the Cityls proposed project. Mr. West stated that an option for
an easement from these parties could be had for the sum of 81,000.00
each. by paying 525.O0 monthly to each owner during the life of the
option, which Payments would apply on the ultimate purchase price.
On motion Resolution 818, a resolution authorizing the City
to enter into an option agreement with the Penn Mining Company was
regularly Introduced, r•.ad, passed and adopted by the following vote:
AYES: Councilmen, Clark, Graffigna, Spooner, Weihe and Steele
NOES: Councilmen, None
Absent:Councilmen, None
Resolution No. 819 authorizing the City to enter into an option
agreement with Henry G. ?Grath and Vera A. Kreth, his wife, was regularly
Introduced, read, passed and adopted by the following vote:
AYES: Councilmen, Clark, Graffigna, Spooner, Weihe and Steele
NOES: Councilmen, None
ABSEYT: Councilmen, None
After a detailed explanation of the matters involved in regards
to a parcel of land owned by ingomar ConsolVated Gold Mining Company
lying immediately east of the property acquired by the City from the
Colorado Power Company the following Resolution. numbered 820 was regularly
introduced, read, pessed and adopted by the following vote:
AYES: Councilmen, Clark, Graffigna, Spooner, Weihe end Steele
NOES: Councilmen, None
ABSENT: Councilmen, None
(True copies of each of the above Resolutions 818, 819 and 820
appear as an appendix to these minutes on page 278 and following et sec).
APPENDIX TO MINUTES OF MEETING OF DECEMBER 10, 1935
RESOLTJTT)N NO. 818
BE IT RESOLVED By the City Council of the City of Lodi, San
Joaquin County, California, that said city shall make and enter into
a certain option agreement with PENN MINING COVPANY, a corporation
duly organized under the laps of the State of Wyoming and doing business
under and by virtue of the laws of the State of California, which option
agreement is dated the 30th day of November, 1935, end is on file with
the City Clerk of said city;
EE IT ;URT'ER RFSILVED That a. M. Steele, Mayor, and J. F.
Blakely, City Clerk, of said city, be, and they are hereby, authorized,
for and on behalf of said city, to sign and enter into said option
agreement.
27!
COUNCIL CHAMBERS - - CITY COUNCIL
CITY HALL -- CITY OF LOCI
R3 crl" _ ION ar.I 319
BF IT RESOLVED By the City Council of the City of Lod!, San Joa^uin,
County, California, that said city shall make and enter into a certain .option
agreement with H. G. 03.19 and VERA A. ;9?3''.'131 his wife, which option
agreement is dated the 30th day of Ilovember, 1935, and is on file with the
City Clerk of said city.
BE IT F,;FTuRR RT -SOLVED That G. M. Steele, Mayor, and J. F. Blakely,
City Clerk, of said City, be, and they are hereby, authorized, for and on
behalf of said city, to sic,n and enter into said option agreement.
RESOLUTIO'l `10. 820
BE IT R3SOLV?D, By the City Council of the City of Lodi San Joaquin
County, California, as follows:
1. That said City of Lodi shed purchase from Inaomar Consolidated
Cold Mining Company, a corporation, all the real property mentioned
and described in that certain proposed deed, copy of which Is hereunto
annexed, marked "EXHIBIT A^ and made a part hereof for all purposes,
and that In the purchase of the sane said City shall accept from said
Ir.¢o^ar Consollcated Gold !lining Comnany, a corporation, a deed in the
sere words, figures and form (with date and blank spaces therein filled
out and with the same properly signed, sealed and acknowledged) as said
"EXHIBIT A^ hereunto annexed.
2. BE IT FURT"k0 g3SOLVED, that for and in consideration of the
execution and delivery of the said deed to said city as aforesaid, said
City of Lodi shall pay to said Ingomer Consolicated Gold Mining Company,
a corporation, the sum of One Thousand ($1,000.00) Dollars and shall
-ake, execute and deliver to said Ingomar Consolidated Gold Mining
Company, a corporation, a deed in the same words, figures and fora (with
date and blank spaces properly filled out and with the same properly signed
end acknowledged) as -E BIT B^ which is hereunto annexed and made a Dart
hereof for all purposes, which deeds shall respectively convey the real
^ropertles subject to the reservations as therein set out respectively.
3. BE IT K-RTHIRT A?47L VED, That G. M. Steele, Mayor of said City,
and J. F. Blakely, Clerk of said City, for and on behalf of said City of
Lodi, are hereby authorized and directed to make, execute and deliver
seld deed to said Ingomar Consolidated Gold Mining Company; and that said
Mayor and City Clerk are hereby authorized and directed, for end on behalf
of said City and in consideration of the execution and delivery of said
deed so to be executed and delivered to said city, to make, execute and
deliver to said Ingomer Consolidated Gold Mining ComDany, a corporation,
a warrant upon the City Treasurer of said City in said sum of One Thousand
(51,000_00) Dollars and said City Treasurer is hereby authorized and
directed to pay the said warrant.
nEXFIBIT 0
ViIS IVDFNTiBE, made the day of one thousand nine
hundre and thirty-five
B3T', EE; ! 111GOMA.R C.7 *�'SOL:D-.TED 1.1LD '_+IhIING COM? _`?Y, a corporation
duly organized under the laws of the State of
and havine its Drinelpal place of business at
the party of the first nart, and CITY OF L)DI, a California Municipal
- Corporation of the sixth class, the party of the second part,
WIVIESSETF: That the said party of the first part, in consideration
of the sum of TP! AND NQf100 ($10.00) dollars, lawful money of the United
State of America to It in hand paid by the said Darty of the second part,
the rpeelpt whereof is hereby acknowledged, does by these presents grant,
bar,ain, and sell unto the said party of the second part, and to its
successors and assigns fortVer, all that certain lot; piece or parcel
of lend situate to the Counties o`.' Amador and Calaveras State of California,
and bounded and described as follows, to -:wit:
280
COUNCIL CHAMBERS --CITY COUNCIL
CITY HALL -- CITY OF LODI
311 that portion of the South half Cel) of the Northeast Quarter
(N,141) of Section Thirty-four (34), Township Five (5) North, Range ten
(10) East, Mount Diablo Base and meridian, lylna3 below elevation Two
Hundred Seventy-five (275) feet above mean sea level, as per data of
the United States Geological Survey.
SAVING AND 3XCR?PI1fG however and said party of the first
-I?rt hereby reserves unto itself, from the r,?al property hereby con-
veyed, all minerals of any ;rind or character underlying the said
premises, together with the right and privilege of mining the same¢
In the usual and auoronriate -manner from without the boundary line of
the said real property hereby conveyed, together with the right to
use all necessary waters from the Mokelumne River for domestic and
mineral nurposes in the performance of mining operations so reserved and
in oursuina- mining onerations of first party upon its mining clsir„s
adjacent to the land hereby conveyed, together with the right of free
ingress and egress to and from the said river and across the same and
the further r1Qht to deoosit on the said conveyed Premises any debris
,rhich may result from any mining operations of the -)arty of the first
part, its successors or assizns; and provided further that the pert,
of the second part shall in no way be liable for any damage or damages
which may be cuased to any of the mining shafts, tunnels, operations,
equipment or properties of the party of the first part (whether re-
served herein or otherwise) through any act or acts which may be per-
formed by the Darty of the second ?art and which may have the effect of
raising any of the waters of said river to an elevation not exceeding
270 feet above mean sea level, according to data of U. S. Geological
Survey, nor for any damage which may be caused from the seepage of
waters which may be so raised.
TOGETFER with the tenements, hereditaments, and appurtenances
thereunto belonging or appertaining, and the reversion and rettersions,
remainder and remainders, rents, issues, and profits thereof.
TO HA" AND TO FOLD the said premises, together with the
appurtenances, unto the said party of the second part, and to Its
successors and as--igns forever, subject to reservations made
by first party as above stated.
IN TITNESS WHEREOF, the said party of the first party h:.s
executed these presents the cay and year first above written.
Signed and Delivered in the Presence of )
)
)
°EXHIBIT B°
INGOMAR CONSOLIDATED
GOLD MINING CMTANY,
A corporation,
By,
THIS I-NTURE, made the day of one thousand
nine hundred and thirty-five
BETWEEN CITY OF LODI, a California Municipal Corporation of
the sixth c1e98, THE PARTY OF-T!f3"FIRST PART, and INGOMAR CINSOLIDAT31)
GOLD VINING C Af''3aPP!, a corporation duly organized under the laws of the
State of and having its principal place of business
at the narty of the second Dart,
WIT'IESS317H: That the said party of the first part, 1n con-
sideration of t:e sum of TEN AND NOf100 ($10.00) dollars, lawful money
of the United States of America, to it in hand paid by the said ?arty of
the second Dart, the recelpt whereof is hereby acknowledged, does by
these presents, grant, bargain, and sell unto the said party of the second
part, and to its successors and assigns forever, all that certain lot,
niece or parcel of land situate in the Counties of Calaveras and Amador
State of California and bounded and described as follows, to -wit:
`�:
COUNCIL CHAMBERS -- CITY COUNCIL
CITY HALL - - CITY OF LODI
All the minerals underlying the surveys of that portion of the Star
and Cora Lodi ClRiams which are situated within the south -nest auarter (Sw )
of the Northeast Quarter (113;,) of Section Thirty-four (34), Townshin Five
(5) North, Rpnge ten (10) East, Mount Diablo Base and Meridien; together
with the right of mining said minerals in the usual a^.d anorooriate manner
from without the boundary line of said one -sixteenth section of land; and
Droeided however that the party of the first part shall in no way be liable
for any dama3e or damages which may be caused to any of the mining shafts,
tunnels, operations, equipment or properties of the party of the second
nart (whether conveyed herein or otherwise) through any act or acts which
may be nerformed by the Darty of the first part and which may have the
effect of raising any of the waters of said river to an elevation not
exceeding 270 feet stove mean sea level, according to data of U. S.
Geological Survey, nor for any damage which may be caused from the seepa:e
of waters which may be so raised, together with the right to deposit on
said premises any debris which may result from mining operations, by
such second -)arty or its successors or assigns on such premises or on the
Ingomar Star Grey Eagle h Ringside Mining Claims known as the Ingn�:ar
Group and fully described In U. S. Pat. x`1056386, and free ineress and
egress to and from the Mokelumne River and across the same.
TOGETHER with the tenements, hereditaments, and appurtenances there-
unto belongin3 or a-)nertaining, and the reversion and reversions, remainder
and remainders, rents, issues, and profits thereof.
TO HAVE FND TO HOLD the said premises, together with the appurtenances,
unto the said party of the second part, and to its successors end assigns
forever, subject to reservations made by first party as above stated.
I'''JTT"?rscg ?lu3PROF, the said party of the first part, has executed
these presents the day and y-.ar first above written.
Signed and Delivered in the P resence of ) CITY OF LODi, a California
)
Municipal Corporation
BY
21eyor of said City.
)
By
Clerk of said City -
The Clerk reported that he had received the payment from 8- E. Rids
for sales of sludge collected at the sewage disposal plant during the year
1935 and that Mr. 31e?s had aonlied for a renewal of the contract for a
period of two years from and after February 28, 1936. which is the date
of expiration of the Dresent contract agreement.
Claims Nos. 25201 to 25230 inclusive in the amount of $7,209.93
as approved by the Finance Committee were allowed and ordered oaid on
motion of Councilman leihe, seconded by Councilman Spooner.
No further business an?earing the meeting adj..)urned at the order
of the Mayor. None dissenting.
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nTT3ST:
J. F. 5Ls3r:LY, City
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