HomeMy WebLinkAboutResolutions - No. 4146RESOLUTION NO. 4146
AUTHORIZING AND DIRECTING CONDEMNATION
CF REAL PROPERTY FOR STREET WIDENING,
STORM DRAINAGE, SEI•IER FACILITIES, AND
OTHER UTILITY SERVICES
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 a public improvement, to -wit: street widening,
storm drainage, sewer facilities, and other utility ser-
vices on and across certain real property located on
the East side of Stockton Street between Kettleman Lane
and Century Boulevard in the County of San Joaquin,
State of 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. The proposed project is planned and located
in the manner that will be most compatible with the
greatest public good and the least private injury.
4. That the City of Lodi acquire the herein-
after described real property for street Widening,
storm drainage, sewer facilities, and other utility
services, by donation, 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 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
maintenance of said improvements; and in the absence
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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.
5. To acquire in the name of the City of
Lodi, a fee simple estate in and to the said herein-
after 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 domain.
6. To make application to a Court of compe-
tent 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.
7. 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 County of San Joaquin, State of Cali-
fornia, and is more particularly described as follows:
The West 40 feet (measured to the center line
of Stockton Street) of the West 8.805 acres of
Lot 14, as the same is delineated and so desig-
nated upon that certain map entitled 'Wap of
A. J. LARSON' S Subdivision of the Northeast
Quarter of Section 13 in Township 3 North,
Range 6 East, Mount Diablo Base and Meridian,"
filed November 7, 1890, at 12;20 p.m. in the
Office of the County Recorder of the County
of San Joaquin, State of California.
Save and except therefrom 3.9 acres as conveyed
by HENRY C. HASLAM, et ux to C. L. KOBES, et ux
by Deed dated October 30, 1922, and recorded in
Book "A" of Deeds, Vol. 521, San Joaquin County
Records, Page 365.
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DATED: December 17, 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 December 17, 1975, by the
following vote:
AYES: Councilmen SCHAFFER, HUGHES, EHRHARDT, KATNICH,
and PINKERTON
NOES: Councilmen - None
ABSENT: Councilmen - None
The foregoing document is
certified to be a correct
copy of the original on
file in this office.
1
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ALICE REIMCHE
City Clerk, City of Lodi
Dated: T � ece-Ud1.2 17, /975
ALICE M. REIMCHE, ity Clerk
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