HomeMy WebLinkAboutResolutions - No. 2953RESOLUTION NO. 2953
AUTHORIZING AND DIRECTING CONDEMNATION OF
REAL PROPERTY FOR SANITARY SEWAGE DISPOSAL AREA
BE IT RESOLVED by the Council of the City of Lodi as
follows:
The Council of the City of Ladi finds, determines, and
hereby declares:
1) That the public interest, necessity, and convenience
require the acquisition, construction, and completion in the
County of San Joaquin, State of California, of a public improve-
ment, to -wit: land necessary for the maintenance, use, and
operation of sanitary sewage disposal facilities.
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) That the City of Lodi acquire the hereinafter -described
real property for a sanitary sewage disposal site by donation,
purchase, or 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 Nidi any and all actions
or proceedings required to acquire the necessary land and/or to
fix the Compensation to be paid for property damages 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
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 a sanitary sewage disposal site.
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4) To acquire in the name of the City of Lodi fee simple
estate in and to the said hereinafter -described real property
by condemnation in accordance with the provisions of the Govern-
ment Code, Health and Safety Code, Code of Civil Procedure,
and the Constitution of the state of California relating to
eminent domain.
5) To make application to said Court 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 real
property or interest in real property or existing improvements
as a sanitary sewage disposal site: to make deposit of such
security or monies in such amount so fixed and determined and
in such manner as said court in which such condemnation proceed-
in95 are pending may direct.
6) 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 County of San
Joaquin, State of California, and is particularly described
as follows:
PARCEL ONE:
(a) A portion of the Southeast 1/4 of Section twenty-
three (23) and the South 1/2 of Section twenty-four (24)
Township three (3) North, Range five (5) East, Mount
Diablo Base and Meridian, and more particularly described
as follows:
BEGINNING at the Northwest corner of the East 1/2 of
the Southeast 1/4 of said Section 23: thence North 89°
58' East along the North line of the Southeast 1/4 of
said Section 23 and the North line of the Southwest
1/4 of said Section twenty-four (24) a distance of
34.68.2 feet, more or less to the West line of the
Moseley Road, as described in Deed to the County of
San Joaquin, recorded February 21, 1947, in Vol. 962
of Official Records, page 331: thence South 49° 48'
East along the Southwesterly line of said Moseley Road
a distance of 62.0 feet: thence South 89' 58' West
parallel to, and 40 feet South from the North lines
of said Southwest 1/4 of Section twenty-four (24)
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and the East 1/2 of the Southeast 1/4 of said Section
23, to a point in the West line of said East 1/2 of
the Southeast 1/4 of said Section 23, being 40 feet
South from the Northwest corner thereof; thence North
along said West line, a distance of 40 feet to the
point of beginning.
(b) A portion of the South 1/2 of Section twenty-
four (24) Township three (3) North, Range five (5) East,
Mount Diablo Base and Meridian, Commencing at the point
of intersection of the North line of the South 1/2 of
said Section 24 with the Southwesterly line of Moseley
Road as described in Deed to County of San Joaquin,
recorded February 21, 1947, in Vol. 962 of Official
Records, page 331, San Joaquin County Records: thence
Southeasterly along the Southwesterly line of said
Moseley Road, a distance of 62.0 feet; thence South
89° 58' West parallel to, and 40 feet South from the
North line of said South 1/2 of Section 24, a distance
of 46.5 feet to the point of beginning of the tract
herein described; thence South 49" 48' East parallel
to, and 30 feet distant from the Southwesterly line
of said Moseley Road, a distance of 130.0 feet: thence
South 89° 58' West. parallel to the North line of said
South 1/2 of Section 24 a distance of 130.0 feet, thence
North 49' 48' West, parallel to the Southwesterly line
of said Road, a distance of 130.0 feet to a point 40
feet South from the North line of said South 1/2 of
said Section; thence North 89° 58' East, parallel to
and 40 feet South from said North line of the South
1/2 of Section 14 a distance of 130.0 feet to the point
of beginning, containing 0.25 acre, more or less.
PARCEL TWO:
Beginning at an iron rod at the Southwest corner of
the East 1/2 of the Southeast 1/4 of Section twenty-
three (23) Township three (3) North, Range Five (5)
East, Mount Diablo Base and Meridian, said rod being
at the Southwest property corner of that certain tract
of land acquired by the City of Lodi from George Emde,
et al, by deed filed June 19, 1944, in Vol.. 881 of Offi-
cial Records, page 161, San Joaquin County Records, and
as indicated on Map of survey filed April 28, 1947, in
vol. 7 of Record of Surveys, page 9, San Joaquin County
Records: thence North 0° 03%' West along the West line
of said City of Lodi. parcel, 2637.25 feet to an iron
rod at the Northwest corner of said East half: thence
South 69° 58' West along the North line of said South-
east 1/4 and its westerly projection, 1607.3 feet to
a point: thence North 0° 34' West along a fence line,
1277_0 feet to a point on the North line of property
acquired by George W. Emde, et al, from Lulu F. Bunds
by Deed filed June 19, 1944, in Vol. 887 of Official
Records, page 19, San Joaquin County Records: thence
South 89° 541/2' West along said North line, 1017.0 feet
to a point: thence South 89° 59%' West along said North
line, 2476.4 feet to the Northwest corner of said property
acquired by George W. Emde, et al, being on the Easterly
line of 30 foot ditch being also on the Easterly line
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of the land known as Crawford Ranch: thence following
said Easterly line being also the Westerly line of said
property acquired by George w. Etude, et al, on the
following courses and distances: South 27° 04' East
1762.0 feet: South 61' 01' East 600.0 feet: South 55°
11' East, 1200.0 feet: South 55° 59' East, 600.0 feet:
South 42' 07' East 300.0 feet: South 2° 09' East, 806.1
feet, to the South line of said Section 23: thence South
89° 55' East along said South line, 2068.4 feet to the
point of beginning, containing 271.02 acres, more or
less.
PASSED AND ADOPTED by the Council of Lodi at a regular
meeting thereof held on the 15th day of June, 1966, by the
following vote:
AYES: Councilmen BROWN, CULBERTSON,
HUNNELL, and WALTON
NOES: None
ABSENT: KIRSTEN
Al1EST:
CLERK of the CITY OF LODI
I hereby certify that Resolution No. 2953 was
passed and adopted by the City Council of the
City ggf Lodi in regular meeting held Wednesday,
June al's, 1966.
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City Clerk
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