HomeMy WebLinkAboutResolutions - No. 83-54RESOLUTION NO. 83-54
RESOLUTION OF NECESSITY REGARDING EMINENT DOMAIN
PURSUANT TO GOVERNMENT CODE 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: street and
public utility right of way on and across certain real
property located at 1325 South Hutchins Street within
the City of Lodi described as a portion of Lot 54, Knoll
Subdivision filed for record February 20, 1948, in book
of Maps and Plats, Vol. 13, page 8, San Joaquin County
Records.
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 street and public utility
right of way, 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
land 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, Part
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 acquire in the name of the City of Lodi, a
fee simple estate in and to the said hereinafter
described real property by condemnation in accordance
with the provisions of the Streets and Highways Code,
Code of Civil Procedure, Government Code Section
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83-54
37350.5, and the Constitution of California relating to
eminent domain.
6. 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 f ixed and
determined and in such manner as said Court in which
said condemnation proceedings are pending may direct.
7. 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 as follows:
"A portion of Lot 54, KNOLL SUBDIVISION as
filed for record February 20, 1948 in Book
of Maps and Plats, Vol. 13, page 8, San
Joaquin County Records, being described as
follows:
"Beginning at the Northeast corner of said
Lot; thence S. 0° 15' E., along the East
line of said Lot, 94.14 feet to the
Southeast corner of said Lot; thence N. 890
38' W., along the South line of said Lot,
5.00 feet; thence N. 0° 15' W., 77.14 feet;
thence N. 44° 55' 59" W., 24.17 feet to a
point in the North line of said Lot; thence
S. 890 38' E., along said North line, 22.00
feet to the point of beginning.
"Commonly known as 1325 So. Hutchins Street,
together with an easement for public utility
use more particularly described as follows:
"A portion of Lot 54, KNOLL SUBDIVISION as
filed for record February 20, 1948 in Book
of Maps and Plats, Vol. 13, page 8, San
Joaquin County Records, being described as
follows:
"Commencing at the Northeast corner of said
Lot; thence S. 00 15' E., along the East
line of said Lot, 94.14 feet to the
Southeast corner of said Lot; thence No. 89°
38' W., along the South line of said Lot,
5.00 feet to the TRUE POINT OF BEGINNING:
thence N. 01 15' W., 77.14 feet; thence No.
440 55' 59", 7.11 feet; thence S. 0° 15' E.,
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82.20 feet to a point in the South line of
said Lot; thence S. 890 38' E., along said
South line. 5.00 feet to the TRUE POINT OF
BEGINNING."
8. Pursuant to Government Code Section 7267.2, a
written offer was made to the owners of record in the
amount of $5,379.
DATED: June 15, 1983
I hereby certify that Resolution No. 83-54
was passed and adopted by the City Council
of the City of Lodi in a regular meeting
held June 15, 1983 by the following vote:
Ayes: Council Members - Pinkerton, Snider,
Murphy & Olson (Mayor)
Noes: Council Members - None
Absent: Council Members - Reid
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Alice M. Reimche
City Clerk
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