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HomeMy WebLinkAboutResolutions - No. 2635RESOLUTION NO. 2635 aUTHeRULING AND DIRECTING CONDEMNATION GF REAL PROPERTY FOR PUBLIC STREET PURPOSES IE IT RESOLVED by the Council of the City of Lodi as follows: That the Council of the City of Lodi finds, determines and heraby declares: (1) That the public interest, necessity, arid convenience require the acquisition, construction, and completion by the City of Lodi, of a public improvement, to -wit: the opening and extending of Ham Lane as a public street in the City of Lodi from Lodi Avenue south. (2) That the proposed improvement is a public use and is planned and located in a manner most compatible with the greatest public good and the least private injury and that said use is authorized by law. (3) That the City ut Lodi acquire the tiereirrafter-described real property for street purposes, 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 naive of the City of Lodi, any and all actions or proceed- ings required t o acquire the necessary land and/ .r to fix the compensation to be paid for property damaged resulting from the construction and maintenance of said improvement; 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 opening and extending of Earn Lane as a public stn.:et in the City of Lodi from Lodi Avenue south, as described in. Paragraph (1) of this Resolution. (4) To aQquire in the name or the City ur Loui, t'v siiupie estate in anu to the said hereinafter -described real property by condemnation in accordance with the provisions of the Streets and Highways Code, Coda of Civil Procedure, and the Constitution. of California relating t o eminent domain. (5) To make application to said Cuurt i'ur an ureter 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 real property, or interest in real property, or existing improvements, as a right of way for public use; to make deposit of such security or moneys in such amount so fixed and determined and in such manner as said court in which such proceedings are pending may direct. The real property, or interest in real property which the City of Lodi is by this Resolution authorized to acquire for said public improvement is situate in the City of Lodi, County 1. .2.4 3 (Jr Sarr Juayuit,, State of Culiturn±a, a:AU is Ltuscrikreo as i'oll.ws: beginning ut a point on the West lin of the Northeast Quarter of Stiction 11, Township 3 North, Range 6 East Mount Diablo Base and Meridian, said point lying S. 0 42' 30" E., distant 25.0 feet from the Northwest cor- ner of said Northeast Quarter; thence East and parallel to the North line of said Section, 60.25 feet; thence S. 0° 42' 30" E., 10.5 feet; thence 31.66 feet along a curve to the left having a radius of 20.0 feet, a central an le of 90° 42' 30" and a lora chord whioh bears S. 45° 21' 15" W.; thence S. 00 42' 30" E., and parallel to the West line of said Northeast Quzartt:r 214.25 feet; thance West and parallel to the North line of said Northeast Quarter, 40.0 feet to the West line of said Northeast Quarter; thence N. 0° 42' 30" :along said West line, 245.00 feat to the point of beginning. l)utr;d: July i, 1y�j 1 tiereby certify that hesbiutiou Nu. 2b,j5 was passeu unu auopteu by the City Council of the City of Lodi in regular meeting held J'ul_v 1: 1963 by the following vote: �Y1S: Councilmen ,Jbunell!1 h :U39EN1': Councilmen - L tu1JiJ , aLtEliTSuN , Uu6J, ULLMANN and KATZAKJ.AN - NONE 2. 636` City Clerk