HomeMy WebLinkAboutResolutions - No. 88-45RESOLUTION NO. 88-45
RESOLUTION OF NECESSITY REGARDING EMINENT DOMAIN
PURSUANT TO CODE OF CIVIL PROCEDURE 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 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 four additional parcels of land for the
widening of Hutchins Street between Rimby Avenue and Vine Street within
San Joaquin County, described as portions of the south one-half of the
east forty feet of Section 11, Township 3 North, Range 7 East, Mount
Diablo Base and Meridian.
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 hereinabove described
real property for street widening 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.
88-45
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, and is more particularly described in Exhibit "A", "B",
"C", and "D", 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 $25,575 for the four
parcels.
DATED: April 6, 1988
I hereby certify that Resolution No. 88-45 was passed and adopted
by the City Council of the City of Lodi in a regular meeting held
April 6, 1988 by the following vote:
Ayes: Council Members - Hinchman, Pinkerton, Reid, Snider
and Olson (Mayor)
Noes: Council Members - None
Absent: Council Members - None
AhceAmke�imche
City Clerk
88-45