HomeMy WebLinkAboutResolutions - No. 3748RESOLUTION NO, 3748
AUTHORIZING AND DIRECTING CONDEMNATION 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
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 pro-
visions 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 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 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 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 Northeast Quarter of
Section 3, Township 3 North, Range 6
East, Mount Diablo Base and Meridian.
The East 15.00 feet of the West 55.00
feet of the following described property:
Commencing at the Southwest corner of
said quarter; thence North 00 02' West,
along the Wast line of said quarter, a
distance of 1241.7 feet to the South-
west corner of that certain 0.90 acre
parcel of land described in deed to
Lemoin Beckman, et ux, recorded January
12, 1956, in Vol. 1827 of Official
Records, page 307, and being the true
point of beginning of the hereinafter
described tract of land; thence South
89* 34' East, along the South line of
the said Beckman land and its Easterly
extension, a distance of 398.7 feet to
an angle point in the boundary of the
land described in deed to Capell Land
Development Company, Inc., recorded
March 14, 1963, in Vol. 2668 of Official
Records, page 259; thence North 0' 01'
West along said Capell land, a distance
of 567.7 feet to a Northwest corner
thereof; also being on the North line
of the land described in Gift Deed to
Carrie C. Erich, recorded in Vol. 764
of Official Records, page 119; thence
South 88* 381 West, along the North
line of said Erich land, a distance
of 398.9 feet; more or less, to the
West line of said Northeast quarter,
thence South 000 021 00" East along
said West line, a distance of 555.2 feet
to the point of beginning.
Except therefrom that certain 0.90 acre
tract of land described in deed to Lemoin
Beckman, et ux, recorded January 12,
1956, in Vol. 1927 of Official Records,
page 307.
Also except therefrom that certain
0.40 acre tract of land described in
deed to Billy G. Lewis, et ux, recorded
July 14, 1961, in Vol. 2436 of Official
Records, page 415, San Joaquin County
Records.
CRE
Grantor reserves the right to use the
surface providing the said use does
not interfere with Grantees' enjoyment
of this easement, but Grantor shall have
no right to construct any buildings or
structures within said easement.
DATED: March 21, 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 March 21, 1973, by the follow-
ing vote:
AYES. Councilmen EHRHARDT, HUGHES, KATNICH,
PINKERTON, and SCHAFFER
NOES- Councilmen - None
ABSENT: Councilmen - None
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