HomeMy WebLinkAboutResolutions - No. 2442RESOLUIION NO. 244-2
AUTHORIZING AND DIRECTING CONDEMNATION OF REAL
PROPERTY FOR PUBLIC STREET PURPOSES
3E 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 of West
Lockeford Street between California Street and Pleasant Avenue
within the City of Lodi.
(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 Lodi doguire 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 compen-
sation to be paid for property damaged resulting from the con-
struction and maintenance of said improvement; and in the absenca
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 des-
cribed for the purpose of taking said land for the widening of
West Lockeford Street described in Paragraph (1) of this Resolution.
(4) To acquire in the name of the City of Lotui 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 *taunt 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 condemnation 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 are situate in the City of Lodi, County of San Joaquin,
State of' California, and are described as follows:
A pprtioci of the Northewst 1/+ of Section 1,
TSN, R6E, M.D.B, & M.
13 rginning at a point on the North line of Lockeford
Street, 326 feet East of the Northeast corner Or
Lockeford Street and Hutchins Street, ds said corner is
delineated on Map of Ku.ndert Subdivision, filed for
record April 22, 194+7, in Vol. 11 of Maps and Plats,
page 139, San Joaquin County Records; thence Southerly
to the point of intersection of the centerline of
Lockeford Street with the Southerly extension Of the
West line of the property of Adrian V. Carleton as
per deed dated June 3, 1959, and recorded July 9, 1959,
in Book of Official Records, Vol. 2196, page 525, San
Joaquin County Records; thence Easterly along the
centerline of said Lockeford Street, to a point on
the Southerly extension of the East line of said
Carleton proparty; thence Northerly to a point on the
East line of said Carleton property, said point baing
35.5 feet from, as measured perpendicular to, the
centerline of said Lockeford Street; thence Westerly
35.5 feet from, and parallel to said centerline, to
a point on the West line of said Carleton property;
thence Southerly along said West line to the South-
west corner of said Carleton property, said point
being the point of beginning.
Except that portion in Locksf'ora Street.
portion of the Northwest Quarter of Section, 1,
T3N, BLE, MDB&M.
Beginning at the iutersectian of the Southerly Jirie
of the Southern Pacific Railroad right of way, with
the North line of Lockeford S tre at, and running thence
Southerly, perpendicular to the North line of Lockeford
Street, to the centerline of Lockeford Street; thence
Westerly along the centerline of Lockeford Street to
a point on the Southerly extension of the West line of
the property or Thomas Jerome Carleton, by deed dated
February 3, 1955, and recorded February 10, 1955, in.
Rook of Official Records, Vol. 1716, page 310, Instru-
ment No. 6054, San Joaquin County Records; thence
Northerly to a point on the West line of said Carleton
property., said point being 35.5 feet from, as measured
perpendicular to, the centerline of Lockeford Street;
thence Easterly 5.5 feet from, and parallel to, said
centerline to a point on the Southerly line of the
Southerly Pacific Railroad right of way; thence East-
erly along said Southerly line to the point of begin-
ning.
Except that portion in Lockeford Street.
ALSO EXCEPT that portion described in deed to Stanley
D. Kirst and Cleo B. Klrst, his wife, recorded March 10,
1961, in Book of Official Records, Vol. 2392, page 571,
San Joaquin County Records.
EAligi4. THREE_
.portion of ttie NorthwestQuarter of Section 10 1'3N,
.
Rb , hIDB&M, uescribed as ollows:
Beginning at the intersection of the Southerly line
of the Southern Pacific Railroad right of way with
the North line of Lockeford Street, said point being
also the mast Easterly point of that parcel of land
described in deed to Stanley D. Kirst and Cleo B.
Kirst, his wife, recorded March 10, 1961, in Book
of Official Reoords, Vol. 2392,page 571, San Joaquin
County Records; thence Southery, perpendicular to
the North line of Lockeford Street to the centerline
of Lockeford Street. thence Westerly along the center-
line of Lockeford Street to a point on the Southerly
extension of the West line of said Kirst property;
thence Northerly to a point on the West line of said
Kirst property, said point being 35.5 feet from, as
measured perpendicular to, the centerline of Locke -
ford Street; thence Easterly 35.5 feet from, and
parallel to, said centerline to a point on the South-
erly line of the Southern Pacific Railroad Right of
way; thence Easterly along said Southerly line to
the point of beginning.
Except that portion in Lockeforci Stredt.
Dated: My i a 1961.
i narcaby c;drtii'y that hesQiution No. 24+2 was passed
and adopted by the City Council, of the City of Lodi in
regular meeting held My 3, 1961, by the following vote:
AYES: Cou.ocilmen - BROWN, KATZAK:IAN MITCHELL,
ULLMA" and CULON
NUAS: Cousin ell - None
ABSENT: Councilmen - None
L
City Clerk