HomeMy WebLinkAboutResolutions - No. 2367RESOLUTION NO. 2367
AU'i'fORIZINC AND DIRECTING CONDEMINA'PIQk OF REAL
PROPERTY FOR PUBLIC STREET PURPOSES
BE 11 hESOLV)D 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 there exists in the itasteru portion of the incor-
porated City of Lodi an unsatisfactory storm drainage condition
which has resulted in periodic flooding; of streets and private
property.
(2) That the State of California by and through its Depart-
ment of Public Works, Division of Highways, hus acquired the
necessary rights of way and contemplates the early construction
of a freeway and frontage ruad through the eastern portion of the
City of Lodi arid within the area affected Uy ssid unsatisfactory
drainage conditiun; that the correction of the aforesaid unsatis-
factory drainage condition can best be accomplished by the con-
struction of a storm drainage ditch between the aforesaid proposed
freeway and frontage road to be convtructed by the State of Cali-
fornia; that in order to iiiake the installation of said storm drain-
age ditch, it is necessary that additional rights of way be acquired
for the relocation of the Aforesaid frontage road so that there
will be sufficient area remaining between said relocated frontage
road and the proposed freeway.
(3) Thst pursuant to the foregoing, the City of Lodi did
on May 4, 1960, enter into an agreement with the State of Call-
fornia, Department of Public Works, Division of Highway, which
agreement provides for the acquisition of said additional rights
of way for frontage road purposes and the granting by the State
of California to the City of Lodi of its right to construct its
storm drainage ditch between said freeway and the said relocated
frontage road; that upon the City's acquisition of title to the
necessary real property necessary for said additional right of
way for said rwlocated frontaga road, that the City of Lodi w i 11
thereafter convey said property to the said State of California;
that after the construction and improvement of said frontage road
that the same will than be oonveyed and transferred by the State
of California to the City of Lodi as a public street.
(4) That tht pruposad public improvement is a public use
required by the public interet, nscessity, health, and safety,
and is plariiied in the Iras,ndr most compatible with the greatest
public good and the 1,ast. private injury and that said use is
authorized by law.
(5) 'That the said proposed improvement is cicceaaary and
required in order to provide the proper. drainage: of storm waters
in the err area of the City of Lodi so as to prevent damage
to private and public property from storm waters.
(6) That the Sollowing descrikLed property e portion
. U tiro pruperty necessary rap the improvement hereirrabuve des-
cribed:
es-cribed:
All tbit curtail, real property Situate, iyinE., a.ud beiriz
in the City of Lodi, County of San Joaquin, State of
California, described as follows:
A portion or the Northwest Quarter. of Sesct3 en 7, 9.'3N, ki7J,
M. D. B. dc M., aw described in deed to John Graffigna and
Louisa Graffigna. his wife, dated October 23, 1943, recorded
in Volume 845 of Official Records at page 217, San Joaquin
County Records, described as follows:
Beginning at a point on the South line of tkiat cdx-ttis
parcel of land described in said deed dated October 23, 1943,
said point also being the Southeast corner of the parcel of
land described in deed to State of California, dated Januery
29, 1959, and recorded in Vol. 2]40 of Official Records
at page 362, San Joaquin County Records; thence along the
East line of the parcel of land described in deed dated
January 29, 1959, N 0 48t W, 14.52,77 feet to the North line
of said parcel of land described in deed dated October 23,
1943; thence along said North line S 87" 22' 57" E, 74.12
feet; thence S OD 48, E, 052.49 feet to the South line of
said parcel of land described in deed dated October 23, 1943;
thence along last said line N 87" 35` 30" W, 74.12 feet to
the point of beginning.
Containing 0.77 acre, more or less.
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(7) That the City of Lodi acquire an easement and right
of way for street purposes in and over the above-described
property 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.
(8) That the compensation for the easement and right of
way taken and property damaged, if any, arising out of the lo-
cation, construction and maintenance of said project be adjusted
by agreement or by proceedings calculated to fix the compensation,
if any, to be paid.
(9) That the City nttorrat.:y is tie eby etutr er•ized:
(a) 'Po prosecute i n 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 t'ruit the construction and maintenance of said
improvement; and in the absence of a satisfactory price agree-
ment with the owne.c of the land, the City Attorney is hereby
directed to imcunediate;ly commence proceedings under 'Fitle VTI,
Part IIx of the Coda of Civil Procedure of tiee 6tate of ualifurnie
to condemn the property described above for the purpose of taking
the easement arid right of way for improvement herein described.
(b) Tu make application to the Court for an order
the amount of such security in the way of money deposits
es said Court may divect, and for an order permitting rsaid City of
Locii to take immediate poi session and use of said property, or
intereet in real property, or existing improvements, as a right
of way fur public use; to make deposit of such security or moneys
in such amount so fixed and determined and in such marxnar as said
Court in which such condemnation proceedings are pending may direct.
I, Beatrice Garibaldi, City Clark of the City of Loai, do
hereby certify that the fore ,oint, is a true ar,d correct copy
Resolution No. 2367. Passed and adopted by the Council of the
City of Lodi at a regular meeting thereof held on the 19th day
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of October, 1960, by the following vote:
AYES, COUNCILMEN: CULAERTSON, KATZAKIAN, BROWN, MITCHELL, and
LILL,MANN
NOES, COUNCILMIEN: NONE
ABSENT, COUNCILMA: NONE