HomeMy WebLinkAboutResolutions - No. 4195RESOLUTION NO. 4195
AUTHORIZING 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
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 w i 1 1 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 pro-
visions 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 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 immedi-
ate 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 pro-
ceedings are pending may direct.
7. The real property, or interest in real pro-
perty 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:
A portion of Lot 18 of Tract No. 25, HUTCHINS
HOMESTEAD ADDITION NO. 3 as filed for record
in Vol. 11 of Maps, Page 34, San Joaquin
County Records and more particularly de-
scribed as follows:
Beginning at the Southwest corner of said
Lot 18; thence East 116.02 feet to the South-
east corner of said Lot; thence North 01
50 1/2' West along the East line of said Lot,
9.00 feet: thence South W 20' 37" West,
8.50 feet; thence West 73.29 feet; thence
North 9 3 ° 26' 17" West, 35.00 feet to the
West line of said Lot; thence South 01 44'
east along said West line, 10.00 feet to the
point of beginning.
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:
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AYES= Councilmen SCHAFFER, HUGHES, E11RHARDT,
KATNICH, and PINKERTON
NOES = Councilmen - None
ty.
ABSENT: Councilmen - None'
�i
red, B. Schr
/' Cle
The foregoing document is
certified to be a correct
copy of the original on
file in this office.
JAS B. SCHROEDER
Duty City Clerk, City of Lodi
Dated: April 28, 1976
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