HomeMy WebLinkAboutResolutions - No. 3609RESOLUTION NO. 3609
AUTHORIZING AND DIRECTING CONDEMNATION OF
REAL PROPERTY FOR THE EXTENSION OF THE
ELECTRICAL DISTRIBUTION SYSTEM,
BE IT RESOLVED by the Council of the City of Lodi as follows:
That the Council of the City of Lodi iinds, determines and
hereby declares:
(I) That the public interest, necessity, and convenience require
the acquisition, construction and completion by the City oz Lodi, of
a public improvement, to wit: acquisition of the hereinafter described
real property for the purpose of extending its electrical distribution
system and using said property for the construction of an underground
duct and electrical vault.
(2) That the proposed improvement is a public use and is
planned and located in a manner most compatible with the greatest
public good and the least private injury and that said use is authorized
by law.
(3) That the City of Lodi acquire the hereinafter described
real property for street purposes, Dy donation, purchase or by condem-
nation 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
damaged resulting from the construction and maintenance of said
improvement; 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 extension of the electrical distribution system in the
City of Lodi as described in Paragraph (I) of this Resolution.
(4) To acquire in the name of the City of Lodi, tee 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, and the Constitution of
California relating to eminent domain for the purpose of extending its
electrical distribution system as described in Paragraph (I) of this
Resolution.
(5) To make application to said Court 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 real property, or interest in
real property, or existing improvements, as a right of way for public
use; to make deposit of such security or moneys in such amount
so fixed and determined and in such manner as said court in which
such proceedings are pending may direct.
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The real property, or interest in real property which the
City of Lodi is by this Resolution authorized to acquire for said
public improvement is situate in the City of Lodi, County of San
Joaquin, State of California, and is described as follows:
A portion of the Southeast Quarter of Section 34,
Township 4 North, Range 6 East, Mount Diablo Base and
Meridian, being more particularly described as follows:
Beginning at the Southwest corner of said Quarter:
thence East along the South line of said Quarter 2220.2
feet: thence North 7' 12' 00'' East. 40.32 feet; thence
West 40.00 feet North of, as measured perpendicular
to, said South line to a point in the West line of said
Quarter; thence South 40.00 feet to the point of beginning.
EXCEPT for that portion lying within LILAC STREET,
LOWER SACRAMENTO ROAD, and TURNER ROAD.
Dated: March 15, 1972
I hereby certify that Resolution No. 3609 was passed
and adopted by the City Council of the City of Lodi in
regular meeting held March 15, 1972, by the following
vote:
Ayes: Councilmen - Ehrhardt, Hughes. Kirsten,
Schaffer and Katnich
Noes; Councilmen - None
Absent: Councilmen - None
esaie L. Bennetk;i:�','
City Cleric
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