HomeMy WebLinkAboutResolutions - No. 4213RESOLUTION NO. 4213
AUTHORIZING AND DIRECTING CONDEMNATION
OF REAL PROPERT Y FOR SEWER 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 con-
venience require the acquisition, construction, and com-
pletion of a public improvement, to -wit: an easement for
right of way for a.sanitary sewer line extension and other
utility services on or across certain real property located
on the east side of State Highway 99-50, between vine
Street and Kettleman Lane, 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 and other
utility services, by donation, purchase, or by condemnation
in accordance with the provisions of the Code of Civil Pro-
cedure of the State of California relatinq 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 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, an
easement. in and to the said hereinafter described real pro-
perty 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 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 Southwest Quarter of
Section 7, Township 3 North, Range 7
East, Mount Diablo Base and Meridian,
more particularly described as follows:
Commencing at a point marking the South-
east corner of that certain 0.982 of an
acre parcel of land described in deed
to the State of California, dated August 3,
1944, recorded in Volume 897 of official
Records, at page 291, San Joaquin County
Records, said point lying North 850 361 57"
East, 213.63 feet from the Southwest
corner of said Section 7; thence along
the North line of Kettleman Lane South
87* 39' 51" East, 1118.98 feet to the
easternmost point of that certain parcel
of land as described in Deed to the State
of California, dated August 16, 1957,
recorded in Volume 1994 of official Re-
cords, at page 350, San Joaquin County
Records; thence North 831 25' 46" West,
92.02 feet along the property line of said
parcel of land as described in Deed to
the State of California, dated August 16,
1957; thence North 370 38' 40" West, 36.40
feet; thence North 0* 27' 30" West, 49.67
feet; thence 71.33 feet along a curve to
the left, said curve having a radius of
328.00 feet, a central angle of 12* 271
35" and a long chord which bears North
6' 41' 17" West to the TRUE POINT OF BE-
GINNING, said Point lying on the property
line of said parcel of land as described
in Deed to the State of California, dated
August 16, 1957; thence continuing along
said property line 131.66 feet along a
curve to the left, said curve having a
radius of 328.00 feet, a central angle of
2211 591 55" and a long chord which bears
North 240 251 03" West; thence North 35'
551 West, 51.28 feet, along said property
line; thence 191.47 feet along a curve
to the right, said curve having a radius
of 272.00 feet, a central angle of 40* 20'
and a long chord which bears North 151 45'
West, said curve being the East line of
a parcel of land described in Deed to the
State of California dated December 16,
1960; thence North 40 251 East, 297.02
feet; thence 48.49 feet along a curve to
the left, said curve having a radius of
528.00 feet, a central angle of 50 151 42"
and a long chord which bears North 11 47'
09" East; thence North 00 501 42" West,
817.27 feet; thence North 89* 09' 1811
East, 16.00 feet; thence South 0* 50' 42"
East 817.27 feet; thence 49.96 feet along
a curve to the right, said curve having
a radius of 544.00 feet, a central angle
of 5® 151 42" and a long chord which bears
South 10 47' 09" West, thence South 40 251
West, 125.78 feet; thence 263.92 feet along
a curve to the left, said curve having a
radius of 626.00 feet, a central angle
of 241 091 21" and a long chord which
bears South 79 39' 40" East; thence South
190 44' 21" East, 105.68 feet; thence
155.91 feet along a curve to the right,
said curve having a radius of 674.00 feet,
a central angle of 13* 15' 14" and a long
chord which bears South 131 06' 44" East
to the POINT OF BEGINNING.
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DATED; June 2, 1976.
I hereby certify that the foregoinq 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, XATZAKIAN, EHRHARDT, and
PINKERTON
NOES: Councilmen None
ABSENT: Councilman KATNICH 7j
Alice M_RelM
The foregoing document is
certified to be a correct
copy of the original on
file in this office.
ALICE M. REIMCHE
City Clerk:, City of Lodi
Dated: June 2, 1976
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