HomeMy WebLinkAboutResolutions - No. 87-44d t ibU
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RECORDER'S OFFXE
YVONNE I. UDALL
67 JUN -S AH 10: 52
RECORDED AT REQUEST Or
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when Recorded return to
City Clerk
City of Lodi
221 West Pine Street
Lodi, CA 95240
RESOLUTION NO. 87-44
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 a site for well IOR on and across certain
real property located at 18595 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 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 hereinafter described real
property for a well site for well IOR 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.
87-44
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8705,188
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", 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 Council of the City of Lodi
in a regular meeting held April 1, 1987 by the
following vote:
Ayes: Council Members - Hinchman, Olson, Snider and
Reid (Mayor)
Noes: Council Members - Pinkerton
Absent: Council Members - None
Alice M. Aeimche
City Clerk
87-44
-2-
Exhibit "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 deed filed in 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 Ramm 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.
Exhibit A