HomeMy WebLinkAboutResolutions - No. 3737RESOLUTION L"O. 3737
AUTHORIZING AND DIRECTING CONDEN IATION OF
REAL PROPERTY FOR STREET AND UTILITY PUR-
POSES AND ELECTRIC POWER FACILITIES
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
conpletion in the City of Lodi of a public improvement,
to wit: Street widening and the installation of electric
power facilities and other utility services on and across
certain real property located on Lower Sacramento Road,
South of Lodi Avenue, 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, utility and
electrical power distribution purposes, by donation, purchase
or by condemnation in accordance with the provisions of
the Code of Civil. Procedure of the State of California re-
latinc 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 main-
tenance 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.
(4) To acquire in the name of the City of Lodi,
a fce simple estate in and to the said hereinafter -described
real property by condemnation in accordance with the pro-
visions of the Streets and highways Code, Code of Civil
Procedure, and the Constitution of California relating to
eminent domain
(5) 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 ± 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
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
accuire for said public improvements are situate in the
City of Lodi, County of San Joaquin, State of California,
an is particularly described as follows:
A portion of the :northeast nuarter of Section
10, Township 3 North, Range 6 East, Mount
Diablo Base and Meridian, and more particularly
described as follows:
Beginning at the Northwest corner of LOBAUGH
SUBDIVISION as filed for record _March 28, 1962
in Vol. 16, page 85, Book of Maps and Plats,
San Joaquin County Records; thence North, parallel
to the West line of said Northeast Quarter, 204.00
feet; thence South 89° 16' East 25.00 feet;
thence South 2° 48' 28" West, 204.12 feet to the
_northwest corner of Lot 1 of said LOB UGH
SUBDIVISION; thence North 89' 16' [vest, along
the North line of said LOBAUGU SUBDIVISION,
15.00 feet to the point of beginning.
iaWed: March 7, 1973.
I hereby certify that the foregoing resolution
was passed and adopted by the City Council of the City of
Lodi in regular meeting held _.arc.". 7, 1973, by the following
vote:
AYES.
BSE'_;T :
Councilmen - HUGHES, KATNIC.,
PINKERTON, and SCHAFF ER
Councilmen - None
Councilmen - EHHRHARDT
3 c BtNNETT, C.tty,:0
The orego ing document is
certi',.ed to be a correct
cane a. -the oriainal on file
in this fice.
,p
}3ESSIE L. BET: TT, City Clerk,
City of
Dated:
N
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