HomeMy WebLinkAboutResolutions - No. 4375RESOLUTION NO. 4375
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 and
public utility right of way on and across certain real prop-
erty located on the north side of Turner Road between Church
Street and Sacramento Street 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 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 street and public utility right
of way, 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.
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,
Government Code Section 37350.5, and the Constitution of Cali-
fornia 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 prop-
erty, or existing improvements for the public use as herein-
above 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 is situated in the County
of San Joaquin, State of California, and is more particularly
described as follows:
Portion of the southwest quarter of Section
36, Township 4 North, Range 6 East, Mount
Diablo Base and Meridian, City of Lodi, San
Joaquin County, California, described as
follows:
Commencing at the intersection of the south
line of said Section 36, with the westerly
line of the Southern Pacific 100' right of
way and run west along said south line,
750.00 feet; thence north at right angles
495.00 feet; thence west 60.00 feet to the
true point of beginning; thence continue
west 145.00 feet; thence south 60.00 feet;
thence north 67* 31' 15" east, 156.92 feet
to the point of beginning.
DATED: July 20, 1977.
I hereby certify that the foregoing Resolution
was passed and adopted by the City Council of the City of
Lodi in regular meeting held July 20, 1977, by the following
vote:
AYES. Councilmen - Ehrhardt, Hughes, Katzakian, Pinkerton and Katnich
NOES: Councilmen - None
ABSENT: Councilmen - None
The foregoing document is
certified to be a correct
copy a: the original on
file in this office.
JAM. RIM §E
City Clerk, City of Lodi
Dated: July 20, 1977
ALICE
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