HomeMy WebLinkAboutResolutions - No. 2003-19When Recorded, Return to:
City of Lodi
City Clerk's Office
P.O. Box 3006
Lodi, CA 95241-1910
RESOLUTION NO. 2003-19
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LODI
FINDING THAT PUBLIC INTEREST AND NECESSITY REQUIRE
THE ACQUISITION FOR THE LOWER SACRAMENTO ROAD
WIDENING PROJECT PURPOSES A PORTION OF THE
PROPERTY OWNED BY ANTONIO R. VALENTINE AND MENARDA
N. VALENTINE, TRUSTEES OF THE VALENTINE FAMILY TRUST,
COMMONLY REFERRED TO AS ASSESSOR'S PARCEL NUMBER
027-040-12 (1164 SOUTH LOWER SACRAMENTO ROAD)
BE IT RESOLVED by the City Council of the City of Lodi (hereinafter referred to as
"City") as follows:
Section 1. The City finds and determines that public interest and necessity
require the widening of Lower Sacramento Road, through the acquisition for road right-of-
way purposes, an easement over the real property owned by Antonio R. Valentine and
Menarda N. Valentine, Trustees of the Valentine Family Trust, commonly referred to as
APN #027-040-12.
Section 2. Section 37350.5 of the California Government Code and California
State Constitution, Article II, §9 authorizes the City to acquire by eminent domain property
for road widening purposes (street, curb, gutter, and sidewalk improvements).
Section 3. An offer required by §7267.2 of the Government Code has been
made to the owner of record of the real property sought to be taken by these eminent
domain proceedings.
Section 4. The City finds and determines that the subject project has been
planned and is to be located in the manner that will be most compatible with the greatest
public good and the least private injury.
Section 5. The City finds and determines that the acquisition of the real
property interests depicted in "Exhibit A" attached hereto, situate in the City of Lodi,
County of San Joaquin, State of California, are necessary for the construction and
maintenance of the aforesaid public improvements, and the taking of said real property
interest is necessary therefor.
Section 6. The City has previously ratified the Negative Declaration prepared
for this project per the California Code of Regulations, Title 14, Chapter 3, Article 19,
§15301 showing that it has no substantial impact upon the environment and that an
environmental impact report is not necessary.
Section 7. The City Attorney of the City of Lodi is hereby authorized,
empowered, and directed to perform as follows:
a. Commence an action or actions in eminent domain in the Superior Court of
the State of California, County of San Joaquin, in the name of the City of
Lodi to acquire necessary real property interests; and
b. To incur in the name of the City of Lodi, and on behalf thereof, all
obligations and expenses necessary to acquire the above-mentioned real
property interests.
Section 8. The City Clerk of the City of Lodi is hereby directed to cause a
certified copy of this Resolution to be recorded in the office of the San Joaquin County
Clerk/Recorder.
Dated: February 5, 2003
I hereby certify that Resolution No. 2003-19 was introduced and read by the City
Council of the City of Lodi in a regular meeting held February 5, 2003, and was duly
adopted at said meeting by a four-fifths vote as follow:
AYES: COUNCIL MEMBERS — Beckman, Hansen, Howard, Land, and
Mayor Hitchcock
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS — None
Attest:
SUSANBLTO
City Clerk
APPROVED AS TO FORM:
. � 6� Q
RANDALL A. HAYS
City Attorney
2003-19
15dSan Hitchcock
City of Lodi
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M:ITRAFFIMAALENTINE EXHIBIT.dwg, 01/29/2003 01:56:20 PM, jbender