HomeMy WebLinkAboutResolutions - No. 3738RESOLUTION NO. 3733
AUTHORIZING AND DIRECTING CONDEMNATION OF
REAI, PROPERTY FOR PARK AND RECREATION PURPOSES
HE 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 conveni-
ence require the acquisition of the hereinafter described
real property for the expansion of the existing Lodi Lake
Park recreational area to be used for public park purposes,
a use authorized by law.
(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 public park purposes by dona-
tion, purchase, or by condemnation in accordance with the
provisions of the Code of Civil Procedure of the State of
California relating to eminent domain. That the City At-
torney 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 construc-
tion 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 commence im-
mediately proceedings under Title Seven, Part Three of the
Cage of Civil Procedure of the State of California to con-
demn the property hereinafter described for the purpose
of taking said land for public park purposes.
(4) 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 do-
main.
(3) The real property, or interest in real. property
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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 particularly described as follows:
All that portion of Section 35, Township 4 North,
Range 6 East, Mount Diablo Base and Meridian, lying
South of the Mokelunne River and East of the East
line of Lots 16 to 24, inclusive, and said East lot
lines projected Northerly to the South bank of the
Mokelumne River, as shown upon Man entitled, LAKE
HOME SUBDIVISION NO. 2, filed for record May 20,
1940, in Vol. 11 of Maps and Plats, page 56, San
Joaquin County Records; and lying West of a line
beginning an the Township line common to Townships
3 and 4, North at a point, 61.6 feet, South 890
54' West, from a pipe at the 1/4 section corner in
the South line of said Section 35; and running
thence North 0° 09' West, to the South banof the
Mokelumne River.
EXCEPT all that portion of said land lying Southerly
of the Northerly line of the land described in
Deed to T. T. & C. DEVELOPMENT, recorded July 24,
1963, in Vol, 2713 of Official Records, page 470,
San Joaquin County Records.
DATED: March 7, 1973.
I hereby certify that the foregoing Resolution was
passed and adopted by the City Council of the CITY QF LODI
in regular meeting held March 7, 1973, by the following
vote
AYES; HUGHES, EATNICH, PINKERTON, and SCHAFFER
NOES: N=
ABSENT: EHRHARDT
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BESSIE SENNETT
',*-taTY CLERK
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