HomeMy WebLinkAboutResolutions - No. 4209RESOLUTION No. 4209
AUTHORIZING AND DIRECTING CONDEMNATION
OF REAL PROPERTY FOR SEWER 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 of a public improvement, to -wit: a temporary
construction right of way for a sanitary sewer line ex-
tension on and across certain real property located on
the west 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 hereinafter
described real property for sewer facilities, by donation,
purchase, or by condemnation in accordance with the provi-
sions of the Code of Civil Procedure of the State of Cali-
fornia 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 ac-
quire 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 com-
mence 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 construction easement in and to the said hereinafter de-
scribed real property by condemnation in accordance with
the provisions of the Streets and Highways Code, Code of
Civil Procedure, and the Constitution of California relat-
ing 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 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 pro-
perty 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 more par-
ticularly described as follows:
A construction easement along and across a por-
tion of the Northwest Quarter of Section 13,
Township 3 North, Range 6 East, Mount Diablo
Base and Meridian, being more particularly de-
scribed as follows:
The East 40.00 feet of the South 1305.86 feet
of said Quarter.
EXCEPT that portion lying within STOCKTON STREET.
DATED: June 2, 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 June 2, 1976, by the follow-
ing vote:
AYES: Councilmen HUGHES, KAT ZAXIAN,.E14R14ARDT,'and
PINKERTON
NOES: Councilmen - None
-2-
ABSENT: Councilman KATNICH
The foregoing document is
certified to be a correct
copy of the original on
file in this office.
ALICE M. IMC
City Clerk, City of Lodi
Dated: June 2, 1976
-3-