HomeMy WebLinkAboutResolutions - No. 3288RESOLUTION NO. 3288
AUTHORIZING AND DIRECTING CONDEMNATION OF
REAL PROPERTY FOR PUBLIC STREET 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:
(1) 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.
(Z) 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 Lodi 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 construc-
tion and maintenance of said improvement; and in the absence of a satis-
factory 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 widening and extending of Ham Lane as a public street in
the City of Lodi from Lodi Avenue south, as described in Paragraph (1)
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 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.
(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 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 improve-
ment is situate in the City of Lodi, County of San Joaquin, State of Cali-
fornia. and is described as follows:
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The West 40.00 feet of the following described property:
A portion of the Northeast 114 of Section 11, Township
3 North. Range 6 East. Mount Diablo Base and Meridian,
described as follows:
Commencing at a point on the West line of the Northeast
1/4 of said Section 11, a distance of 17 chains and 94-1/?-
links
4-1/Zlinks North from the Southwest corner of said 114 section
and being also at the Northwest corner of the land formerly
belonging to Mary M. Bounds; thence East along the North
line of the land of the said Mary M. Bounds. 39 rods, 13
feet and 10 inches; thence North, 318 feet: thence West
along the South line of the land formerly belonging to Clara
Roe, 39 rods, 13 feet and 10 inches to the Vk est line of
said 1/4 section: thence South 318 feet to the point of
beginning.
Dated: July 16, 1969
I hereby certify that Resolution No. 3288 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, HUNNELL,
SCHAFFER and KIRSTEN
_Noes: Councilmen - None
Abstain: Councilmen - None
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