HomeMy WebLinkAboutResolutions - No. 3287RESOLUTION NO. 3287
Au rHORIZING AND DIRECTING CONDEMNATION OF
REAL PROPERTY FOR PUBLIC S rREE Z PURPOSES
BE IT RESOLVED by the Council of the City of Lodi as follows:
That the Council of the City of Lodi finds, determines and hereby
declares:
(I) That the public interest. necessity. and convenience require
the acquisition, construction and completion by the City of Lodi, of a
public improvement, to wit: the widening 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 of Ladi acquire the hereinafter 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 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 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 ir=ediately 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 widening and extending of Ham Lane
as a public street in the City of Lodi from Lodi Avenue south. as described
in Paragraph (L) of this Resolution.
(4) To acquire in the name of the City of Lodi. fee simple
estate in and to the said hereinafter described real property by condemna-
tion in accordance with the provisions of the Streets and Highways Code,
Code of Civil Procedure, and the Constitution of California relating to
eminent domain.
(5) To make application to said Court for an order Ding the
amount of such security in the way of money deposits as said Court may
direct, and far 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 deter-
mined 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 Rasolution authorized to acquire for said public improve-
ment is. situate in the City of Lodi, County of San Joaquin, State of
California, and is described as follows:
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The West 40.00 feet of the following described property:
All that portion of the Northeast 1/4 of Section 11,
Township 3 North, Range 6 East. Mount Diablo Base
and Meridian, more particularly described as follows:
BEGINNING at the Southeast corner of the parcel
of land conveyed to T. B. Geffrey by Deed dated
February 25, 1881 and recorded on March 11, 1881 in
Volume 47, Book A of Deeds, page 76, San Joaquin
County Records, and running thence West along the
South line of the land of said T. B. Geffrey. 654.3
feet to the 1/4 section line: thence South on the 114
section line 127.29 feet to the Northwest corner of the
parcel of land conveyed to Louisa Sturla by Decree of
Distribution, dated September 30. 1930 and recorded
in Vol. 337 of Official Records, page 251, and desig-
nated as Parcel B therein; thence East along the North
line of the said Louisa Sturla property. 654. 3 feet to
a point on the W est line of Fairmont Avenue (formerly
Walnut Avenue); thence North along the 4` est line of
Fairmont Avenue, 127.29 feet to the paint of beginning,
and containing 2 acres, more or less.
SAVING AND EXCEPTING THEREFROM the East
155 feet of the hereinabove described property, con-
taining 1/2 acre more or less.
Dated: July 16, 1969
I hereby certify that Resolution No. 3287 was passed
and adopted by the City Council of the City of Lodi in
regular meeting held July 16, 1969, by the following
vote:
Ayes: Councilmen - BROWN. CULBERTSON,
HTJNNELL, SCHAFFER
and KIRSTEN
Noes: Councilmen - None
Abstain: Councilmen - None
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