HomeMy WebLinkAboutResolutions - No. 3722RESOLUTION NO. 3722,
AUTHORIZING AND DIRECTING CONDEMNATION OF
REAL PROPERTY FOR STREET WIDENING PURPOSES
BE IT RESOLVED by the Council of the City of Lodi as follows:
The Council of the City of .Lodi finds, determines, and he reby
declares:
(l) That the public interest, necessity, and convenience require
the acquisition, construction, and completion in the City of Lodi of a
public improvement, to wit: Street widening and related work an Lodi
Avenue and Hutchins Street between Lee Avenue and California Street
in the City of Lodi, San Joaquin County, California.
(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) That the City of Lodi acquire the hereinafter -described real
property for street widening purposes, by donation, purchase, or by con-
demnation 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 street widening purposes.
0) To acquire in the name of the City of Lodi, 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, and the Constitution of California relating to eminent
domain.
(6) 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 improve-
ments, for street widening purposes: 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 condemnation proceedings are pending may direct.
(6) The real property, or interest in real property which the City
of Lodi is by this Resolution authorized to acquire for said public improve-
ment are situate in the City of Lodi, County of San Joaquin, State of California,
and is particularly described as follows:
.4 portion of Lots 1, Z, 3, 4, 5, and 10 in Block 1, STURLA
SCHOOL ADDITION, as shown upon reap filed for record
April 6, 1920, in Vol. 10, Page 6, Book of Maps and Plats,
San Joaquin County Records, being more particularly des-
cribed as follows:
Beginning at the Northwest corner of Lot 1 of said STURLA
SCHOOL ADDITION; thence North 86' 23' East along the North
line of Lots 1, 2, 3, 4, and 5, 270. 00 feet to the Northeast corner
of Lot 5; thence South 3' 50' West, along the East line of Lot 5,
30.56 feet; thence 17.01 feet along a curve to the left, said
curve having a radius of 10.00 feet, a central angle of 97' 27'
and a long chord which bears North 44° 53' 30" West; thence
South 86' 23' West, parallel to the North line of Section 12,
Township 3 North, Range 6 East, and 44. 00 feet South of, as
measured perpendicular to, said North line, 231.33 feet; thence
25.63 feet along a curve to the left, said curve having a radius
of 17. 00 feet, a central angle of 86° 23' and a long chord which
bears South 43' 11' 30" West; thence South, parallel to the West
line of said Section 12 and 40. 00 feet East of, as measured per-
pendicular to, said West line, 252.41 feet; thence 16. 34 feet
along a curve to the left, said curve having a radius of 10.00 feet,
a central angle of 93' 37' and a long chord which bears South
46' 48' 30" East to a point in the South line of Lot 10 of said
STURLA SCHOOL ADDITION; thence South 86' 23' West along
said South line, 20.67 feet to the Southwest corner of said
Lot 10; thence North, along the West line of said Lot 10 and
Lot 1, 298.06 feet to the point of beginning.
EXCEPT from said Lots 1, 2, 3, 4, and 5 the North 12- 1/2
feet, as conveyed to the City of Lodi, by deed recorded
March 5, 1931, in Vol. 1337 of Official Records, Page 37,
San Joaquin County Records.
Elated: January 17, 1973
I hereby certify that the foregoing resolution was passed and
adopted by the City Council of the City of Lodi in regular meet-
ing held January 17, 1973, by the following vote:
AYES: Councilmen - HUGHES, KA TNICI4, PINKERTON,
SCHAk FER and EHRHARDT
NOES:
Councilmen - None
ABSENT: Councilmen - None
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I3 s sic B'en7iett
City Clerk