HomeMy WebLinkAboutResolutions - No. 3724RESOLUTION NO. 3724
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 hereby
declares:
(1) 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 on 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.
(4) To acquire in the name of the City of Lodi, lee 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,
(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 ari 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:
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A portion of the Northeast Quarter of Section 11, Township 3
North, Range 6 East, Mount Diablo Base Meridian., being
mare particularly described as follows;
Commencing at the Northeast corner of said Northeast Quarter;
thence Westerly, along the North line of said Quarter, 14. 50
feet; thence Southerly, parallel to the East line of said Quarter,
35.50 feet to the true point of beginning; thence Westerly,
parallel to the North line of said Quarter, 66.00 feet; thence
Southerly, parallel to said East line, 4. 50 feet; thence Easterly,
parallel to said North line, 66. 00 feet; thence Northerly, parallel
to said East line, 4. 50 feet to the true point of beginning.
Bated: January 37, 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, KATN[CH, PINKER TON,
SCHAFFER and EHRHARDT
NOES: Councilmen - None
ABSENT: Councilmen - None