HomeMy WebLinkAboutResolutions - No. 4193RESOLUTION NO. 4193
AUTIIORIZING AND DIRECTING CONDEMNATION
OF REAL PROPERTY FOR STREET WIDENING
AND PUBLIC UTILITY 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 a public improvement, to -wit: street
widening, and utility services on and across certain
real property located on West Lodi Avenue, between Ham
Lane and Avena Avenue, in the City of Lodi, County of
SanJoaquin, 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 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
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.
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5. 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
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 City of Lodi, County of San Joaquin,
State of California, and is more particularly described
as follows:
PARCEL ONE:
South 25 feet of Lot Numbered 31 and
all of Lot 33, as shown upon Hap en-
titled Subdivision No. 2 [[UTCNTc\IS
HOMESTEAD ADDITION, filed for record
August 1, 1935 in Vol. 11 of Maps and
Plats, Page 13, San Joaquin County
Records.
EXCEPT the South 5 feet of said Lot
33 described in the Deed to City of
Lodi recorded April 25, 1955 in Book
1753 Page 154, Official Records, San
Joaquin County Records.
PARCEL TWO:
Lot 34, HUTCHINS HOMESTEAD #2, accord-
ing to the Official Map or Plat there-
of filed for record August 1, 1935 in
Book of Maps and Plats Vol. 11, Page
13, San Joaquin County Records.
EXCEPT the South 5 1/2 feet thereof as
conveyed to City of Lodi by Deed
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recorded May 28, 1958 in Vol. 2071
of Official Records, Page 225, San
Joaquin County Records.
DATED: April 28, 1976.
I hereby certify that the foregoing Resolution was
passed and adopted by the City Council of the City of
Lodi in regular meeting held April 28, 1976, by the
following vote:
AYES : Councilmen SCHAF'FER, HUGHES, EHRHARDT,
KATNICH, and PINKERTON
NOES : Councilmen - None
ABSENT: Councilmen - None',
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The foregoing document is
certified to be a correct
copy of the original on
file in this office.
JAMES B. SCHROEDER
Dep�y City Clerk, City of Lodi
Dated: April 28, 1976
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