HomeMy WebLinkAboutResolutions - No. 89-169RESOLUTION NO. 89-169
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LODI
RESOLUTION OF NECESSITY TO ACQUIRE CERTAIN REAL PROPERTY BY EMINENT
DOMAIN FOR MUNICIPAL PURPOSES, PURSUANT TO CODE OF CIVIL PROCEDURE
SECTION 1245.220 ET SEQ. (5200 EAST SARGENT ROAD: DIEKMAN PROPERTY)
WHEREAS, on October 18, 1989, the Council of the City of Lodi set
a hearing to consider a Resolution of Necessity to Acquire Certain Real
Property described below; and
WHEREAS, on November 15, 1989, the Lodi City Council held a
hearing in the City Council Chambers, Carnegie Forum, 305 West Pine
Street, Lodi, in order to determine the necessity for acquisition of
said real property by eminent domain proceedings for the purposes of a
municipal industrial electrical substation;
NOW, THEREFORE, BE IT RESOLVED by the Lodi City Council as
follows:
The Lodi City Council 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: the acquisition of a site for an industrial electric
substation, on and across certain real property located at 5200 East
Sargent Road, within San Joaquin County, described as follows:
1. Acquisition in fee.
Commencing at the northwest corner of the Northeast
Quarter of Section 7, T3N, R7E, MDB&M, thence S
0032'00" E, 100.15 feet, along the west line of said
Quarter Section to the True Point of Beginning, thence
S 87020'49" E, 533.68 feet, along the southerly line of
the Central California Traction Company, thence S
0047'19" E, 658.99 feet, along a line parallel with the
east line of said Section 7, thence N 87°24'33" W,
536.59 feet, thence N 00°32'00" W, 659.40 feet along
said west line to the True Point of Beginning,
containing 8.1 acres, more or less.
2. Parcels 2 and 3 (easement only).
Easement 1
Commencing at the northwest corner of the Northeast
Quarter of Section 7, T3N, R7E, MDB&M, thence S
0032'00" E, 759.55 feet along the west line of said
Quarter Section to the True Point of Beginning, thence
S 87°24'33" E, 40.0 feet, thence S 2°35'27" W, 32.0
feet, thence N 87°24'33" W, 38.25 feet, to said west
-1-
line, thence N 0°32'00" W, 32.05 feet along said west
line to the True Point of Beginning.
Easement 2
A 60 kv Public Utility Easement being more
particularly described as follows:
Commencing at the northwest corner of the Northeast
Quarter of Section 7, T3N, R7E, MDB&M, thence S
0032'00" E, 791.60 feet along the west line of said
Quarter Section to the True Point of Beginning, thence
S 87°24'33" E, 16.52 feet, thence S 00°32'00" E, 542.75
feet along a line parallel with said west line to the
south line of the north one-half of said Northeast
Quarter, thence N 87033'30" W, 16.53 feet along said
south line, thence N 0°32'00" W, 542.80 feet along said
west line to the True Point of Beginning, totalling .24
acres, more or less, (both easements combined).
AND
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 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 an industrial electric substation by donation, purchase,
or by condemnation in accordance with the provisions of the Code 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 property and/or to fix the compensation 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 land, the City Attorney is hereby
directed to immediately commence proceedings under Title Seven, Chapter
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 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 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.
WAW
6. 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, as descrisbed above.
7. Pursuant to Government Code Section 7267.2, a written offer
was made to the owners of record in the amount of $269,100.
8. BE IT FURTHER RESOLVED, that the City Attorney be and hereby
is authorized and directed to commence and maintain in the name of the
City of Lodi, such actions and proceedings of eminent domain in the
Superior Court of California, County of San Joaquin, as are necessary
to acquire, for the purposes and uses aforesaid, that certain real
property which is situated in the County of San Joaquin, as described
above.
DATED: November 15, 1989
I hereby certify that Resolution No. 89-169 was passed and
adopted by the City Council of the City of Lodi in a regular
meeting held by the following vote:
Ayes: Council Members - Hinchman, Olson, Pinkerton, Reid and
Snider (Mayor)
Noes: Council Members - None
Absent: Council Members - None
&'� 7' 6aqw,&
Alice M. Reimche
City Cleric
89-169
RES89169/TXTA.02J
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