HomeMy WebLinkAboutResolutions - No. 4212RESOLUTION NO. 4212
AUTHORIZING AND DIF CONDEMNATION
OF REAL PROPERTY FOR SEWER FACILITIES,
STORM DRAINAGE, AND OTHER
UTILITY SERVICES
BEIT RESOLVED by the Council of the City of Lodi as
follow 8 �:
The Council of the City of Lodi finds, determines, and
hereby declares;
1. That the public interest, necessity, and con-
venience require the acqui.sitlon, construction, and com-
pletion. -of a Public im.provemen " :t, to -wit; a right of way
for a::s:anitary sewer line extension,, ot4ar utility ser-
vices, and a storm drainAge basin on or across certa n,real
property located south of Kettleman Lane, between State
Highway 99-50 and Beckman Road, in the County of San
Joaquili, State of California.-,
2. That the real property hereinafter described
is suitable, adaptable, necessary, and required for the
Pu�,4c 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, other utilities,
and storm drainage, 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 praceddings
required to acquire the necessary land and/or to fix the com-
pensation 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.
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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 provi-
sions of the streets and Highways Code, Code of Civil Procedure,
and the Constitution of California relating to eminent do-
main.
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 portion of the Northwest Quarter of Sec-
tion 18, Township 3 North, Range 7 East,
Mount Diablo Base and Meridian, being
more particularly described as follows:
Commencing at the Southeast corner of
said Quarter; thence North 880 07' West,
1173.51 feet along the South line of
said Quarter, said line as shown in Map
of Survey filed August 20, 1974 in Book
26 of Surveys at page 23, San Joaquin
County Records, to a point in the center-
line of BECKMAN ROAD and the TRUE POINT
OF BEGINNING, thence North 00 281 30"
West, along said centerline, 261.69 feet;
thence North 880 071 West, 761.73 feet to
a point in the East line of State Highway
99 and 50; thence South 91 26' 00" West,
along said East line, 187.83 feet; thence
continuing alonq said East line, South
261 151 19" East, 85.35 feet to a point
in the South line of said Northwest Quarter;
thence South 881 07' 00" East, along said
South line, 756.92 feet to the TRUE POINT
OF BEGINNING.
EXCEPT that portion lying within BECKMAN
ROAD.
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 following
vote:
AYES- Councilmen HUGHES, KATZAKIAN, EHRHARDT, and
PINKERTON
NOES; Councilmen - None
ABSENT: Councilman KATNICH
Alice M
C to
Theforegoing document is
certified:to be a correct
copy of the original on
file in this office.
edf
. 'n unci T�L--ICE�1qM* RM4�CaIiLg�
City Clerk, City of Lodi
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