HomeMy WebLinkAboutAgenda Report - April 1, 1987 PH (10)IC THE CITY CCUNCii
FRO,v. THE CITY MANAGER'S OFFICE
COUNCTT COMMUNICATION
DA TE � NO.
-!`lCir��il Lit, 1 98-
SUB}KT:
Regarding Council Intention +_o Adopt a Resolution of Necessity Regarding
Eminent Danain Pursuant to the Code of Civil Procedure - Property Located
at 18695 North Kennison Lane Within San Joaquin County.
PREPARED BY: City Attorney
RF)C0 (,?, E2JD 1) AC`T'ION: City take the initial step in eminent domain
proceed_ngs by adoption of a resolution of
necessity for the acx3uisiti.on of well site
ICR, whit}; must be adopted by a vote of two-thirds of all of the
Council clambers.
T'V�GROUATD INMMNTIC2.: At the March -I, 1987 Cit}- Council r.>eeting,
Council set a hearing for April 1, 3.987, -1-0
consider adoption of a resolution of
necessity for the acquisition of water well site lOR by eminent-lcmain
proceedings, pursuant to Code of Civil Procedure (CCP) 1'-ction
145.220 Pursuant to CCP Section 1245.235, notice of said hearing was
rtia*led to property owners William and Marion Johnson: on March 5, 1987.
Or_ March 18, 3987, 1987, the City received 'Written notice, pursuant to
CCP Secticn 1245.235, from the Johnson's attorney that the Johnsons
requ, st to be heard at the April 1, 1987 hearing.
The grounds for objection to the right to take are set forth in CCP
Section 1250.360 and 1250..:70. A copy of these sections are attached
hereto for your review.
The City's right-of-way negotiator, Je.-ry Hemi.nger, first contacted the
owners of the well site for Well 10R in Febrtki y of 1986. Through
numerous contacts, permission to drill for a test well was granted in
August of 1986. The test well 'yore out the fact that there is
sufficient water for installation of a well, and lab testing confirmed
that the water would meet public health standards for drinking vra.ter.
The site is shown on the attached sketch.
Since confirmation and approval of the site and layout by the
Califonia State Department of Public Health, tae have been ruck
,-
negot_.ating with the owners. and at this time we have neither agreement
nor Need. If we are to get any use this year of the water frau this
well, it is im rative that we proceed as rapidly as possible with
drilling: At the present time, we have no producing wells east of
Cherokee Lane and, as a result, water pressure and fire protection in
our industrial area are limited.
�: t �E C: iE: -=• : 1 r c v,j i 1 C�1' .� i i::f moi : u: i=
.,, t,
.. plan
t L1 '�".^ iilt \N_L th to o��+- _
Lor '; ell LOR. It iS Gur plan tO coIiu.iue tA- I �-
I we reach agreement far acquisition, or obtain a right of entry prior
W the Council meeting on Weds.-2sday, April 1, 1987, the award on the
drilling contract will be made. If, however, voe do not reach agreement
for acquisition, but only a right of entry, we recommend this item be
acted upon.
1f no agreement of any kind is reached, we also recosnnend that this
item be acted upon, and the award on the drilling contract not be made
at this time_.
Pursuant to Code of Civil Procedure (CCP) Section 1240.030, the power
of eminent domain my be exercised to acquire property for proposed
project only if all of the following are established:
a) The public interest and n&cessity require the project
b) The project is planned or located in the manner that will be
rfust compatible with the greatest public good and the least private
injury.
c) The property sought to be acquired is necessary for the
project.
CCF Section 1140.040 provides that a public entity may exercise :he
dower of eminent domain only if it has adopted a resolution of
necessity that meets the requirements of CCP Section 1245.210 et seq.
Pursuant to CCP Section 1.245.240, tie resolution of necessity must be
rds of all of the members of the govern.' nq
adopted by a vote of two-thi
body of the public entity.
Pursuant to CCP Section 1245.250(b), the resolution of necessity
creates a presumption that the matters referred to in Section 1240.030
are true. This presumption is a presumption affecting the burden of
producing evidence.
K
Tt is important to be aware that once the resolution of necessity has
been adopted, according to OCP Section 1245.260, the City must com-ence
an eminent domain proceeding to acquire the property within six months
after the date of adoption, or if the City has filed such proceeding,
the City must serve the complaint and the sunvwns relating to the
proceeding. If they do not, the property owner may file an action for
inverse condemnation, to
1) Require the City to take the property and pay caTC-ensation
therefor, end/or
2) Recover damages from: the City for the interference with the
possession and use of the property resulting from adoption of the
resolution.
Wage TI free
However, the City Council is permitted to rescind the resolution of
necessity as a matter of right at any tiiw before the property owner
commences an action under CCP 1245.264.
t ly su pitted,
Ronald M. Stein
City Attorney
M :VC
attachments
cccwlsit/txta.Oly
46>
C(AlNIF"Ci,"it N 01- PK( )( ,I:FI)I`:G
1'50.320. uolltt iiis of Answer,
ncc
ilLttlr. ar:it t't(:ilr of the mtefe3t III" deicndWil
Claim,. in the ixope-ry described in the complaint.
(h) XVIiere the detendant seeks compertsatiorl
proNided in Article 6 (commencing with Section
1263.51(1) (f?oodw'itf) of Chapter 9, the answer
shall include a statement that the defendant
claims compensation under Section 1263.510. but
the answer need not specify the amount of such
compensation. I,eg-11. 1975 ch. 1275, operative
Julv 1. 1976,
Rei.: CA Um, PI & pr. "Er.:u,cnt Domain-- w Cal Pro .
"Picadmiz,
§1250.325. Disclaimer.
(a; A defertd:lnt may file a disclaimer at limy
time. whether or riot he is in default. and the dis-
claimer supersedes ail answer previously filed by
the dcendant. The disclaimer need not be in any
particulsr form. it shall contain a statement that
the defendant claims no interest in the property
or in the compensation that relay be awarded.
\ook-I'h>Ianding Section 1250.330, the tlisclairner
steal! he signed h, :'.ie defendant.
(t,) Suhjcct to ,ubdivisioll (c). a defendant who
has filed a discl-aullcr has no right to participate
in further proceedings or to share in the comp``n-
sation awarded.
(c) The court may implement the disclaimer by
appropriate orders including, .'here juA;ficd,
awarding costs and litigation expenses.
1975 ch. 1275. operative July ), 1975.
Rei.: Uet F m, I'1 & pr. "F.nTinc:;t Donlaln". w Cal Pro
" plcad,ne" :t03'.
§1250.330. Signature.
Where a party is represented by an attorney.
his pleading need not be verified but shall be
signed by the attorney for the party. The signa-
ture of the attorney constitutes a certificate by
him that he has read the pleading and that to the
best of his knowledge, information. and belief
there is ground to support it. If the pleading is
not signed or is sig. -ed with intent to defeat the
purposes of this section, it may be stricken.
I,eg.ti. 1975 ch. 1275, operative July 1. 1976.
Ref.: Ca Fms Pi & Pr. "Eminent Domain"; w. Cyt. Pro..
-Pleading-§1037.
SCl :. 1�:1 ltO
Il'a'3� :f•rt?rt'•-[?i:cif hccn tett �'.'.'.ilt :Fi the P!'Gceed-
U18 f,r,lO�t'ing such jan CP,dintnt ar �'uc I�IeTTt C'Fl t.
(h) :A ruhlic entity ill"% :cdc1 "0 tltc property
SC)U�'ht t0 be taken orlt}' if It h:ii adOi?ecu a .solu'-
tion of necessity that satisfies tale requirements of
Article 2 (commeneitlg with Section 1:.i45...10) of
Chapter 4 for the property to be added'
(c) Property previously sought to be taken may
be deleted from the complaint only if the plaintiff
has followed the procedure for partial abandon-
ment of the proceeding as to that property.
I.eg.tl. 1975 ch. 1275, operative July 1. 1976.
Ref.: Cal Fm, Pi & Pr. "Eminent Domain --
§1250.340. Amendments, Supplements,
Deletions.
(a) Subject to subdivisions (b) and (c). the
court may allow upon such terms and conditions
as may be just an amendment or supplement to
any pleading. in the case of an amendment or
supplement to the complaint, such terms and
conditions may include a change in the applicable
date of valuation for the proceeding and an award
of costs and litigation expenses which would riot
have been incurred had the proceeding as ongi-
§1250.345.
§1250.345. Waiver of Objection.
Stlbiect to the power of the court to permit an
amendment of the answer. if the defendant fails
to object to the complaint- either by demurrer or
answer. he is deemed to have waived the objec-
tion. I eg.H. 1975 eft. 1275, operative July 1,
1976.
Ret.: Cal tin% Pl it, Pr. "F311"c^:
ARTICLE 5
Objections to Right to Take
Demurrer or answer. (1250.350.
Grounds for oh*tion, §1250.160.
Additional grounds for ob;ectkm. 0250.370.
§1250.350. Demurrer or Answer.
A defendant may object to the plaintiff's right
to take, by demurrer or answer as provided in
Section 430.30, on any ground authorized by Sec-
tion 1250.360 or Section 1250.370. The demurrer
or answer shall :tate the specific ground upon
which the objection is taken arid, if the objection
is taken by answer, the specific fleets upor. v hieh
the objection is based. Ail objxtion may be taken
on more than one ground. and the grounds may
be inconsistent. I eg.tl. 1975 ch. 1275, operative
July 1, 1976.
Ret.: Cal Fms Pt & t'r. " .niineot Domain."
§1250.360. Grounds for Objection.
Grounds for objection to the right to take, re-
gardless of whether the plaintiff has adopted a
resolution of necessity that satisfies the require-
ments of Article 2 (commencing with Section
1245.210) of Chapter 4, include:
(a) The plaintiff is not authorized by statute to
exercise the power of eminent domain for the pur-
pose stated in the complaint. '
(b) The stated purpose is not a public use. ,a
(c) The plaintiff does not intend to devote the
property described in the complaint to the stated
purpose.
(d) There is no reasonable probability that the
plaintiff will devote the described property to the
slated purpose within (1) seven years, or (2) 10
years where the property is taken pursuant to the
' !
Federal yl 11 r- .F Ac' Of Iv : +,
(e) The described property is not subject to
acquisition by the power of eminent domain fix
the stated purpose.
(f) The dC,crbed property is sought to be ac-
quired pursuant to Section 1240.410 (excess con-
demnation), 1240.510 (condemnation for compat-
ible use). or 1240.610 (condemnation for more
necessary public use), but the acquisition does riot
satisfy the requirements of those provis=ons.
(g) The described property is sought to be ac-
quired pursuant to Section 1240.610 (condemna-
tion for more necessary public use). but the defen-
dant has the right under Ser:tion 1240.630 to
continue the public use to which the property is
10propriated as a joint use.
00 Any other ground provided by law. 1,eg.H,
1975 ch. 1275. operative July t, 1976.
R^f.: Cal F- Pl & Pr. "Enmtcnt Dom:un
§1250.370. Additional Grounds for Objection.
1n aifditioti to the grounds listed in S--ctlon
1250:360. grounds for objection to the right to
take where the plaintiff has not adopted a resolu-
tion of necessity that conclusively establishes the
matters referred to in Section 1240.030 include:
(a) The plaintiff is a public entity and has not
adopted a resolution of necessity that satisfies the
requirements of Article 2 (commencing with Sec-
tion 1245.210) of Chapter 4.
(b) The public interest and necessity do not
require the proposed project.
(c) The prof osed project is not planned or to-
eated in the manner that will be most compatible
with the greatest public good and the feast pi -is -ate
injury.
(d) The property described in the complaint is
not necessary for the proposed project.
(e) The plaintiff is a quasi -public entity within
the meaning of Sectior. 1245.320 and has not sat-
isfied the requirements of Article 3 (commencing
with Section 1245.310) of Chapter d Leg.H. 1975
eh. 1275, operat-ve July 1, 1976.
Ref.: Cal Pins FI & rr. "Erninrni tktin-tin."
ARTICLE 6
Settlement Offers
61250,410. Final Offer and Demand --Costs
A1lowed.
(a) At least 30 days prior to the date of the
trial on issues relating to compensation, the plain-
tiff shall file with the court and serve on the de-
fendant its final offer of compensation in the pro-
ceeding and the defendant shall file and serve on
the plaintiff its final demand for compensation in
the proc—ding. Such offers and demands shalt bt-
the only offers and demands considered by Ole
coon'!. til ii ier,iilTiing the enntic em". if anN'. iQ
(Ttl�' .iOf1 i'\1.li;icS. �trl-ti:C f)at he 111 tI}C i11;3'7Lei
prescribed by l•hapter 5 (COmtl:eT?CiT)s. wittl a�C-
tion I0t .) of Title 14 of fart 2.
(b) 1f the court, on motion of the defendant
made within 30 days after entry of judgment.
finds that the offer of the plainlifi was unreason-
able and that the demand of the d,:Iendant was
reasonable viewed in the light of the evidence ad-
mitted and the compensation awarded in the pro-
ceeding, the costs allowed pursuant to Section
1268.710 shall include the defendant's litigation
expcnse�.
It, determining the amount of such litigation
expenses, the court shall consider the offer re-
auired to be made by t`le plaintiff pursuant to
Section 7267.2. of the Govemment Code and any
ocher ss'rlitell offers and demands filed and served
prior to or during the. trial.
(c) 1f timely ni de. the offers anis demands as
provided in subdivislon (a) shall be consiifeted by
the coot' on the issue of determining all entitle-
ment to litigation expenses 1 el -'.Ii . 1975 ch. 1275.
operative July 1. 1976. 1982 ch M.9.
ReL.- Cat ! tm PI Pr. "t.nnnc t th riierh '
CHAPTER 6
DEPOSIT AND WITHDRAih'AL OF.
PROBABLE COMPENSATION;
POSSESSION PRIOR TO JUDGMENT
Art t i)ctx„tl cif Prob:,htc Compcn,mion.
�� 1-'S5')tii-I_SS Okt)
Art 1\'tthdta Cat of Dcptn,[ �t?t� _'l11-;155..'.60.
Art Pntst to 1udgmew
ARTICLE 7
Deposit of Probable Compensation
t)cposit with and without appraisal. §1255.010.
Notice of deposit. 41255.020.
'-)ctcrmination of probable compensation—Increase and de•
crease of deposit. 41255.00.
Where property includes dwelling occupied by defendant.
§1255.040.
Property taken subject to leasehold interest. 41255.050.
Use of deposit or withdrawal statement, aporaisal report in
trial. §1255.060.
Place of deposit --Disbursement. X1255.070.
Investment 61 deposi' for defendant's benefit. §1255.075.
Plaintiff's rights not waived. §1255.080.
§1255.010. Deposit With and Without
Appraisal. '
(a) At any time before entry of judgment, the
plaintiff may deposit will) the court the probable
amount of compensation, based on an appraisal.
that will be awarded in the proceeding. The ap-
praisal upon which the deposit is based shall be
one that satisfies the requirements of subdivision
(b). The deposit may be made whether or not the
plaintiff vpplies for an order for possession or in-
tends to do so. 1 11
Z
RFSO.J,'TION NO. 87-44
� S71i.,.F.�i. . ,. ^c,� ^' S�i,�x�t't✓ii��...-r Yi:YJ:V t �Y�11�
il
iaN Vt
PL 2S CL 1' TO CODE OF =.TIL Pj� X-MURE SBL.E'&N 124-5.220ET .S-1
BE IT RESOLVED by the Council of the City of Lodi as fcflows:
The Council of the City of Lodi finds, deteLznines, and hereby
decl ares :
1. That the pui)lic interest, necessity, and convenience require
the acquisit-4.on, construction, and completion of a public improvement,
to wit: the acquisition of a site for well 1QR on and across certain
real 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
? lerid ian .
2. That the real property hereinafter described is suitable,
adaptable, necessary, and required for the rizblic use of said City of
Lodi, as hereinabove set forth.
3. The propose' 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 a well site for loll 1OR by donation, purchase, or by
condemnation in accordance with the provisions of the Code of Civil
Prcr-edure of the State of California relating to a-ni-nert 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 property and/or to fix the canpensation to be paid for
property damage resulting from the construction and maintenance of said
improvements; and in the absence of a satisfactory price agreement with
the- owner of the lard, the City Attorney is hereby directed to
n -m, 'iately ccmnence proceedings under Title Seven, Chapter Three of
the Code of Civil Procedure of the State of California, to� nd� the
or
property hereinafter described for the purpose of taking
the public use of said City as hereinabove set forth.
5. To make application to a Court of cccnpetent Jurisdiction for
an order fixing the amount of such security in the -way of money
deposits as said Court 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.
87-44
--1-
6. The real PrOr-l-'rt',-" Or interest L-1-1 real pros-ertv tile City
-"Ca 4 1 11. -
-4- Ls by this Resoi-,-1t;-L(-;j-j author47ed to a .re -�:
0 OT -11 -Or said pubjic
lffc-�r vEt!TePts 40 situated in the County of San Joacruin, State of
California, and is more Particularly described in -Exhibit "A", attached
hereto and incorporated herein by reference.
7- Pursuant to Government Code Section 7267.2, a written offer
was made to the owners of record in the amount of $2740.00.
DATED: April 1, 1987
I hereby certify that Resolution No, 87-44 was passed
and adopted by the City cc,,.,,il of the City of Lodi
in a regular Meeting held April 1, 1987 by the
following vote:
Ayes: Council Ma hers - Iiinchman, Olson, Snider and
Reid (Mayor)
Noes: Council Pei bers, - Pinkerton
Absent: Council Members - None
Alice M. Re"imche
City Clerk
87-44
EXI-11bit "A„
That certain real property in the County of San Joaquin,
state of California, described as follows:
A portion of the Northwest Quarter of Section 5, Township 3 North,
Range 7 East, Mount Diablo Base and Meridian being more particularly
described as follows:
Commencing at the Northwest corner of said Section 5; thence South,
880.61 feet; thence easterly 50 feet to a point being the Southwest
corner of the Johnson property as described -in the deedfiledin-Book
2594 of Official Records, Page 245, San Joaquin County Records and the
Northwest corner of the Ramm Ranches property as described in
Recorder's Instrument No_ 82019868, San Joaquin County Records, also
being the True Point of Beginning; thence South along the East line of
the Central California Traction property 60.0 feet; thence easterly
parallel to the line common to the Johnson and Rams Ranch properties
above described, 60.0 feet; thence North, 60.0 feet; thence westerly,
along the line common to the Johnson and Ramm Ranch properties, 60.0
feet to the True Point of Beginning.
Reserving an easement for maintenance and access more particularly
described as: Beginning at the True Point of Beginning above
described; thence easterly along the line common to the Johnson and
Ramm Ranch properties, 60.0 feet; thence South, 5.0 feet; thence
westerly, 60.0 feet; thence North, 5.0 feet; to the point of beginning.
Also an easement to exclude the construction of any sanitary sewer
facilities within 100 feet of the following described radius point:
Commencing at the True Point of Beginning of the above described;
thence South, 50.0 feet; thence easterly, parallel to the line common
to the Johnson and Ramm Ranch properties above described 50.0 feet to
the said radius point.
i
ExbibitF—]
A
R
I
DECLARATION OF MAILING l- ,A
� -c ani, 05
On March 5, 1987, in the City of Lodi, San Joaquin County, Cai�`1jj�'','''��a
to be mailed in the United States mail an envelope, with first-r� L�$];o ff9e
prepaid thereon, containing a copy of the notice attached hereto-'15ai�d i4+ lope
was addressed as follows:
William and Marion Johnson
907 Tara Place
Lodi, CA 95240
There is a regular daily communication by mail between the City of Lodi,
California, and the place to which said envelope was addressed.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on March 5, 1987, at Lodi, California.
Monique A man
}
. Ci!ti ti`.anc Vie:
-6111' m.!NCIL.+
.ij��,r—i�Clt•.ihliCt
FRED -1A REID. Ma�o� CITY l�t��"', _
EVELYN M OLSON CITY HALL. 1121 WEST PINE STREET 1
Mayor Pro Tem Dore4 r M S i Eih
CACI BOX 3006 ' ll Fci � ' �` CitY Attorney
DAVID M HINCHMAN LODI, CALIFORNIA 95241-1914 fir' —S
LAMES W PINKERTON. 11 (249) 334-5634 11t ICE
IOHN R. [Randvi StiIDER March 5, 1987 CITY CLERK
Cl OF LOL I ,
William and Marion Johnson
907 Tara Place
Lodi, CA 95240
SUBJECT: Notice Regarding Resolution of Necessity
Code of Civil Procedure Section 1245.235
given that on April 1, 1987, the City Council, of the
Notice is hereby g p regarding Eminent
City of Lodi intends to adopt a Resolution of Necessity
1245.220, for
Domain, pursuant to Code of Civil Procedure (CCP}
the property located at 18695 North Kennison Lallo•w3348ninaSectionl5,
County described as a portion of County Survey
Township 3 North, Range 7 East, Mount Diablo Base and Meridian.
You are notified that yci have the right to be heard on the matters -
referred to in CCP Section 1240.030 as it relates toofhis pirtoerty. se
Specifically, CCP Section 1240.030 permits the City for for a proposed
the power of eminent domain to acquire the prop
project only if all of the fol owing are established:
a. The public interest and necessity
~equire the project.
at
b. The project is planned or located in neatest public need eand hthe wleast
most compatible wiill be
th the g
private injury.
acquired is necessary for the project.
c. The property sought to be
NOTICE
to
Pursuant to CCP Section ter4t e35. you not notice washoho
need not give an opportunity ailed. file a wTheTgovernEN ingTbody
be
heard within 15 days of to appear and be heard to any person w
the
fails to file a written or mail your request If you eto Alice Rend to be imchei, City
matter, please bring 95241, phone 333-6700.
Clerk, 221 W. Pine Street, Call Bax 3006, Lodi,15
YOUR FAILURE TO FILE A WR TTENEDEWILLTRESULTPINR WAIVER AND EHEARD
OFTHE RIGHT TO O
DAYS AFTER THE NOTICE WAS
APPEAR AND BE HEARD.
G.E. Robison
Assistant City Engineer
GER/ma
cc: City Clerk
City Attorney
-NIULLENI SULLIVAN &
F. ,TopNEYS AT LW
J,
TCKAY
CALIFORNIA 9524!-0560v
r "T.
1, i (Al L
CITY CLERK
March 17, 1987
Alice RE imchep City Clerk
City of Lodi
Call Box 3006
Lodi, CA 95241-191-�,
Re:
i-liam and Marian Johnson
Dear Ms. Reimche:
William and Marian Johnson hereby request to be
heard at the public hearing scheduled on April 1, 1987, by
in connection with the Resolution of the
the City Council minent Domain of their property
Neccesity regarding E
located at 18695 N. Kennison Lane.
This request is made Pursuant to the provisions
of Section 1245.235 This requcst is based upon our
intnds
reading of the notice that indicates that the Cdiity
sseions
to condemn the entire parcel when all previous scuhave
regarding the necessity of the taking of the property
been over a small area intended to be used as the we
ll
site.
Please advise me if for any reason this request
does not comply with the formal requirements Of C -C -P -
Section 1245.235.
Very truly yours;
MulLEN SULLI,AN & NEWTON
�����
By
THOMAS J. NEWTON
TJN: da
cc: Mr. and Mrs. William johnson
r
NOTICE OF PUBLIC Fff't'1RiNG
Notice is hereby given that On April 3, 1987 the City Caja-cil of the
CJ_`',J of a:K-H, at its regulail i
_,q t0 be held On ti�iit ti ate a t 7:30
P. 1. i. t 1e �.Oiincil Cn P' "-rs lova at 221 :E?St Pine St_'_eet, T.tC Cit ,
California, intends to adopt a Resolution of Necessity regarding
EmLnent Damain, pursuant to Code of Civil Procedure {CCP} Section
1245 220, for the property located at 18695 North Kennison Lane
wit.'.in 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 M--ridian.
The property owners have been notified that they have the right to be
heard on the matters referred to in CCP Section 1240.030 as it
relates to this property. Specifically, CC? Section 1240.030 permits
the City of Lodi to exer-ise 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.
Pursuant to CCP Section 1245.234, the property owners must file a
WRITTEN Rj�XTFS'T 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 wrho fails to file a written request. If
the property owners intend to be hear on the matter, they need to
bring in or mail their request to Alice M. Reimche, City Clerk. 221
West Pine Street, Call Box :006, Lodi, CA 95241, phone 313-6702.
THEIR FAILURE TO FILE A M2ITTEN RE
QC= TO APPEAR AND BE HEARD WITHIN
15 DAYS AFTER THE NOTICE WAS MAILED WILL RESULT IN 4MTVER 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 prior 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
PROOF OF PUBLiCATWH
(2015.5 C.C.P.)
STATE OF CALIFORNIA.
County of San Joaquin.
I am a citizer, of the United States and a resident of
the County aforesaid; I am over the age of eighteen
years, and not a party to or interested in the above -
entitled matter_ I am the principal clerk of the
printer of the Lodi News -Sentinel, a newspaper of
general circulation, printed and published daily,
except Sundays and holidays, in the City of Lodi,
California. County of San Joaquin, and which news-
paper has been adjudged a newspaper of general
circulation by the Superior Court, Department 3, of
the County of San Joaquin, State of California,
under the date of May 26th, 1953, Case Number
65990; that the notice, of which the annexed is a
printed copy (set in type not smaller than non-
pareil), has been published in each regular and
entire issue of said newspaper and not in any sup-
plement thereof on the following dates, to -wit:
Marchll, .........-............................
87
all in the year 19.........
I certify (or declare) under penalty of perjury that
the foregoing is true and correct.
Dated at Lodi, California, this 11th ....... day of
87
Marc 19.``..//...--
.......ASiignature......... .....
QTR.s ; t., t ,P -County Clerk's Filing Stamp :.
.... sir.. ... _... ---
`,;?--Y C!R�i
r-„Ccirrt
Proof of Publication of
Notice of Public jearini,
.April---i-�-•it}87-=C'itv--Ceurici2--�.TteC
adopt a resolution of nr>cessity
regarding Eminent Domain (1869�_tiorth-.......
”"------------- -----
�,�enni son Lane}
'- MOTILE Of ryyt1UC HEA piI I 1997 the
"O'ko is "'.by L"`*'tot\ I iAct it, re9uIar
ity
City C.,,—, of tM Ctho, dole ai 7:30 P'—' N tM
moe.ir\q w tae Mtdt�a••d «221. Vfe+, Pie» 5..- o
C-- I Q.omb.rs T 0 R•soWeiun of
Lodi. Cahlorn'. in\end>� �porr\oin. Pwj1On
,a
N.ce„'^I 'fin$ ICCP\ S.�tion 1215.:10.
Cod•ot CW\i Prex•dvr, 18695 Noetfi Konen,°'\ tpne
tM property i«o\•d ° , do,cr•bed os o po
rreorl
wlthM Son Jo�uNo 2Y8 in 5ectan S. Town+hip I- {
North. n9e T Eo,\. tA°ar't Dlobto Bose «\d+
dbn. awrirs ho.e been tM� Th., .�
TM P.W. mottx+
*-y h.— the rpht \o b• 7*0 0 on 1
rolerr•d ro In CCP S.ctt 11 t710.030 0, R '*I"'$
t240030
'his V.P-Y. S I adi11 0 •.arc w the power al
permint C..1y +o «4°M• 'M ProM`ey to+ o Pr°-
•^"nOn o ect only 4 oil of tM
\aiM ilk int.resl and ne<es,ily ro4air• Ih•
°.
o"Iect. boned « Uceted in the rrton-
p'b. The P`Oi rtw+ compatible with the yot•st
n« dw1 and'h• Ipst Prlvato injury.
Pabik ..d ,o„0ht io be ocgairod is ricer
c. 1M PrOW!«
tory t., the M 1t. tion 1215.734. rho M Perry
0
�t blla o WRITTESolN REQUEST to head
i1 cloys oft•r tM notice was n'otled. TM
tr to
nln8 body need not Q1ve ext oP bOs to
9awr and heard to ore! Person Io•
fl -ti a'i'm. row ; N'M Cthey n emss
the „\atter, they need ro bring - {
,end a be h.ord on st a Alk. M. ReR,xtie. Qty
in or Clerk,, 7lt West ►in• StreN. Coll tIOR 7006. Wdl,
Cw . 221 Phone 7p.6702. THEIR t:ARUtF FiOFltMRfl 2,
A yyR1TTEN REQUEST TO APpEA0. AND BE ,
A WRIT t1 DAYS AiiER THE NOTICE W't`S MAR" .1
WR.L RESULT IN WAIVER OF THE RIGHT 10 APPEAR, -�
AND BE HEARO.y awr\�rs cF�c�1wp e` the s” bled •- )�
it the ProP*,l,ey M limited to roktn8 oni,
lna. yes ro, of 1M paIlio coif
shote « in wrl11Mthe
I„ 1µs nolko ' CtWk of w Prior to ,
delwwd 1. the e3 it
C f
p"D1icM .7087
pa'ed: MarcMar r\c'I
order of tM Lodi Qry Cou
NY
Aft*,A R•Imcl!e
Qty Clerk ..,i.
RM\ald M. rteM
Attorneya;77s2
rn11, 1967
x.
e>:..:C
PROOF OF PUBLICATION