HomeMy WebLinkAboutResolutions - No. 4035RESOLUTION NO. 4035
AUTHORIZING AND DIRECTING CONDEMNATION OF
REAL PROPERTY FOR RESERVOIR, STREET CONSTRUCTION,
UTILITIES, ELECTRIC POWER FACILITIES,
STORM DRAINAGE PONDING, As11D PUBLIC PARK 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 of certain public improvements, to -wit: con-
struction of a reservoir for storm drainage ponding, the
installation of a public street and work related thereto,
a sanitary line and related utilities, electric power
facilities, and a park for public use. The real property
to be acquired is generally located North of Harney Lane,
West of Stockton Street and East of the Southern Pacific
Railroad Company railroad right of way in the County of
San Joaquin, State of California.
(2) That the real property more specifically
described hereinafter, 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 tire purposes hereinabove
set fortii, by donation, purchase, or by condemnation in
accordance with the provisions of the Code of Civil Pro-
cedure 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
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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 71 Part 3 of the Code of Civil Procedure of the State
of California, to condemn the property hereinafter described
for the purposes as set forth hereinabove.
(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 provi-
sions of the Streets and Highways Code, Code of Civil Procedure,
and the Constitution of the State 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
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
monies in such amount so fixed and determined and in such
manner as said Court in which said 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 improvements, is
situate in the County of San Joaquin, State of California,
and is particularly described as follows:
A portion of the Southwest Quarter of Sec-
tion
ec-
tion 13, Township 3 North, Range 6 East, Mount
Diablo Base and Meridian, being more particularly
described as follows:
PARCEL l: The East 40.00 feet of the South
1082 feet of the North 1209 feet of said Southwest
Quarter. EXCEPTING that portion lying within
STOCKTON STREET.
Containing 0.50 acres more or less.
PARCEL 2: Beginning at a point in the East
right of way line of the Southern Pacific Co.,
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said point lying South 3° 55' 00" West, 458.46
feet from the North line of said Southwest
Quarter; thence 172.65 feet along a curve to
the left, said curve having a radius of 2995.00
feet, a central angle of 3° 18' 10" and a long
chord which bears North 81° 32' 51" East; thence
571.20 feet along a curve to the left, said curve
having a radius of 2200.00 feet, a central angle
of 14" 52' 34" and a long chord which bears North
70" 00' 42" East; thence North 83° 07' 34" East,
177.98 feet; thence North 87* 42' 00" East, 121.97
feet; thence 40.32 feet along a curve to the right,
said curve having a radius of 25.00 feet; a central
angle of 92° 24' 08" and a long chord which bears
South 46° 05' 56" East; thence North 00 06' 08"
East, 40.00 feet West of, as measured perpendicular
to, the East line of said Southwest Quarter, 150.13
feet; thence 38.22 feet, along a curve to the right,
said curve having a radius of 25.00 feet, a central
angle of 87° 35' 52" and a long chord which bears
South 43° 54' 04" West; thence South 671 42' 00"
West, 132.81 feet; thence 193.62 feet along a
curve to the left, said curve having a radius of
900.00 feet, a central angle of 12" 19' 35" and
a long chord which bears South 76° 57' 28" West;
thence South 81° 10' 58" West, 555.07 feet; thence
125.68 feet along a curve to the right, said curve
having a radius of 2805.00 feet, a central angle
of 21 34' 02" and a long chord which bears South
811 10' 47" West to a point in the East right of
way line of the Southern Pacific Co.; thence
South 30 55' 00" West, along said East right of
way line, 193.61 feet to the POINT OF BEGINNING.
Containing 3.30 acres more or less.
The acquisition of Parcel 2 is made for the
purpose of the future construction of the extension
of CENTURY BOULEVARD, and the Owner shall release
and relinquish to the City of Lodi any and all
abutters' -ricrnts, including access rights to
Owner's remaining property in and to said CENTURY
BOULZVARD and which property abuts along the
North line of said 'Parcel 2.
PARCEL 3: Beginning at a point in the East
right of way line of the Southern Pacific Company,
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said point lying South 3" 55' 00" iciest, 458.46
feet from the North line of said Southwest
Quarter; thence 172.65 feet along a curve to
the left, said curve having a radius of 2995.00
feet, a central angle of 3° 18' 10" and a long
chord which bears North 81° 32' 51" East; thence
571.20 feet along a curve to the left, said
curve having a radius of 2200.00 feet, a central
angle of 14" 52' 34" and a long chord which
bears North 70" 00' 42" East; thence North 83"
07' 34" East, 177.98 feet; thence North 87" 42'
00" East, 121.97 feet; thence 40.32 feet along
a curve to the right, said curve having a radius
of 25.00 feet, a central angle of 92° 24' 08" and
a long chord which bears South 46° 05' 56" East;
thence South 0° 06' 08" West, 40.00 feet West of,
as measured perpendicular t o , the East line of
said Southwest Quarter, 931.70 feet; thence
South 87° 42' 00" West, parallel to the North
line of said Southwest Quarter, 1081.43 feet to
a point in the East right of way line of the
Southern Pacific Co.; thence North 3° 55' 00"
East, along said East right of way line, 755.61 feet
to the POINT OF BEGINNING.
Containing 21.00 acres more or less.
DATED: February 5, 1975.
I hereby certify that the foregoing Resolution was
passed and adopted by the City Council of the City of Lodi
in regular meeting held on February 5, 1975, by the
following vote:
AYES = Councilmen - PINKERTON, KATNICH, EHRHARDT
SCHAFFER and HMEN
NOES: Councilmen - NONE
ABSENT: Councilmen - NONE
The foregoing docu-
ment is certified to
be a true and correct
copy of the original on
file in this office.
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ALICE REIMCH , City Clerk
Dated: i'/%'