HomeMy WebLinkAboutResolutions - No. 3746RESOLUTION NO. 3746
AUTHORIZING AND DIRECTING CONDEMNATION OF
REAL PROPERTY FOR STREET AND UTILITY PURPOSES
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
completion 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 Turner Road, 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 herein-
after -described real property for street widening, utility,
and electrical power distribution purposes, by donation,
purchase or by condemnation in accordance with the provi-
sions of the Code of Civil Procedure of the State of Cali-
fornia, 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 re-
quired to acquire the necessary land and/or to fix the
compensation to be paid for property damage resulting from
the construction and maintenance 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 fee simple estate in and to the said hereinafter -described
real property by condemnation in accordance with the provi-
sions of the Streets and Highways Code, Code of Civil Pro-
cedure, 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 of Lodi to take immediate
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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 proceed-
ings 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 improvements are
situate in the City of Lodi, County of San Joaquin, State
of California, and is particularly described as follows:
A portion of the Southeast Quarter of
Section 3, Township 3 North, Range 6 East,
Mount Diablo Base and Meridian, City of
Lodi, San Joaquin County, California, and
being more particularly described as follows;
Commencing at the Northwest corner of
the Southeast Quarter of said Section 3;
thence South 0° 37' East along the West
line of said Southeast Quarter, 302.00
feet to the true point of beginning; thence
North 89° 31' 30" East parallel to the
North line of said Southeast Quarter, 113.26
feet; thence South 25° 40' 01" West 17.90
feet; thence along a curve to the left having
a radius of 100.00 feet, a central angle of
26° 17' 01", an arc length of 45.B7 feet,
and a chord which bears South 12" 31' 31"
West 45.47 feet; thence South 0* 37' East
11.0,51 feet to the North line of the Survey,
shown in Book 21 of Surveys at page 174,
San Joaquin County Records; thence South
89" 51' 30" West along the North line of
said Survey 95.0 feet to the West line of
the Southeast Quarter of said Section 3;
thence along said West line, North 0a 37'
West 171.0 feet to the true point of begin-
ning. Excepting the West 40 feet thereof
for County roadway and containing 0.225
acres, more or less.
DATED: March 21, 1973.
1 hereby certify that the foregoing resolution was
passed and adopted by the City Council of the City of
Lodi in regular meeting held March 21, 1973, by the
following vote:
AYES: Councilmen -
Councilmen
EHRHARD, HUGHES, KATNICH,
PINKERTON, and SCHAFFER
- None
Cow ci.lmen -
None
BE SS BE ET ; Cx yf Clerk
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