HomeMy WebLinkAboutResolutions - No. 1362RESOLUTION No. 1362
A RESOLUTION AtTBORIZING `PIKE'' CONDI NATION ANL)ACQUISITION'
BY MilNEW DOMAIN Or A RIGHT 0? 'ha AND i;; SINENT FOR THE
1117RPOSE OF CONSTRUCTING, OPE':lLATING AND MAINTAINING ELEC-,
TRIC OVERHEAD PO*E+R LINE'L , VOLE '" ..11.0 APPURTENANCES THU:RETO.
BE -IT RESOLVED, by the City. Council of the City of Lodi,
a leuelleipal Corporation of the Siw.th C].c , of the County of San
1st, State of California, that said City Council, and said
VIII. it Lodi, hereby finds and determiLcA awl declares -as follows;
That the public interest and necessity require the acquisi-
tion, oonetruotion ,and completion, by the said City of Lodi; of, a
public improvement, namely, an overhead electric power tTanen101on
.'and dietributiou line from the City's present substation locates -
on the SO'theaat corner of North: Main Street and East Locusts Street
IA the City of Lodi to a terminal on or near the Eaat line:of S'®otian
3$ T31'1, R6EE,' MDB&M, said terminal being approximately. 1,350' feet
from the Northeast corner of said Section 3. The public interest
and Aedesaity require the acquisition for said public improvement
o the real property, or interests in real property, hereinafter
deibvit.
Said prop -oiled electric transmission end distribution:line
and the rights of way and easements therefor ere located in a man-
ner. which
an-ner.which will be the most compatible with the greatest public
Good and•tbe least private injury.
.AND BE IT FURTHER RESOLVED, by this City- Council that said.
City of Ledi is hereby authorized and empowered as Follows,
To acquire, in the name of said City or Lodi, the hereint
after described real property, or interests in real property,. by
condemnation In accordance with the p.revi.aions of the Cods of Civil
Prgoedure and of the Constitution of State of California relating:
to eminent domain;
Tel prepare and prosecute, in the name of the: said City
of Lodi#, «Such proneeding or proce.dixs in, the proper court hav-
a
ing jttrisdiatton the of as are necessary for such aoquisition;
To make application to said oourt for an order fixing the
amount of such seaurity in the way of money deposits as said court
may direct, and #nor an,order permitting said City of Lodi to take
imae+iitte* pbSeession and use of said reel property*, or .ntereste
in real property, for the right of way aad easement for the eaid
overhead transm1ssion and"distribution electrio power lines, to
wither ititir nicessary poles and appertenancee;
To make' deposit of euoh eeourity out of proper funds under
control of 014,City, in such amount or amounts sofixed, or to be
filed; and determined . and in such manner as said court in which
such condemnation preceedinga are, or may hereafter be, pending
w� t
may dirset;' aid the City Clerk of said City is hereby authorized
and directed to draw, upon the Treasurer o4 said City, such warrant
or warrants as may be necessary for such purpose, or purposes, and
to issue suob warrant or warrants, and the said Treasurer is hereby
autborixed and directed to Dash the said warrant or warrants out
of any funds belonging to said City.
The real property, or interests in real property, which
Che said City of Lodi is, by this i?esulution, authorized to
esquire for said public use ie situated in the County of San
3owquin, State of California, and described as follows:"
A Right or Way and Easement in, over, upon, under and Across
a strip Of land lC feat in width situated in said San Joaquin
Oouety, State of California, together wigs the right to enter 1n
upon the adjacent land for purposes of conatruotlon, operation,
maintenance, rep?laoement or repair of overhead electric power
trememiesion and distribution lines, poles and facilities .and'•in-
eluding all privately owned lands lying within the rollowing'deae
o.rtptiens
1. The north 10 feet of the South 2g.0 feet of Lot 7 of
the Gerard Tract as delineated on the naa'p thereof flied
August '8, 1916, V';':.eme 8 at page 62, .Rook of [ape and plats;
San Joaquin Couxa, y Records.
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?. 131e Souter 5 :Pent of Lots 21, 22 and 44 of woualako Train
as delineated on the map thereof filed August 13, 1946 im
Volume 11 at Page 116, Book of Maps and Plats, San Joaquin
County Raoord'a.
). A parcel of laxed 10 feet in width bounded try Tinea and
theta prolongation* to en intersection with property linea
or &d3o1z lag boe0dary lines five (5 ) •feet distant from and
parallel to a cutter lire 24.25 feet distant Brom and paral-
lel -to the center line of Lake Street through lots 9, 10,
11, 12, 13, and 14 of the Gerd Tract as delineated ort the map
thereof ii1ed. Ael ust 8, 1916 'in Volume 8 at pa ge 62, B6ok of
*ape and plats, Ban Joaquin County ReCorda.
4. A parcel of land 10 feet in width bounded by lines
and their, OOiongecons to an intersection with property
li*.s ata joiningboundary lines 5 'feet distant from 4nd
parallel to the following described center Zine;
Beginning a* the point of intersection of the West line
of the Northeast quarter of Section 2, T'3N, R6E, NDf&M, with
the gasterly eztenelon of a line parallel to and, distant
Q./1flet+ Southerly of the North line of Lake Street aa
sal street la delineated on the map oP•the Gerrard Tract
filed August 8, 1916 is Volume 8 at Page 62, Book of Maps
anda an Joaquin County Recorcle; thence Easterly
eti •i& Pa terly extension or a line parallel to and
distant 4.7,- feet Southerly of the North line of Lake Street
180 fewer mere or less to a point 5 feet Southerly measured
fit right angles from the Southerly line of the Southern
Pacifie Reiiread (formerly known as the S.J. and-S.N.R.R.)
4 ?trot r"ig9'tt 6O way; thence Easterly parallel to and 5 feet
latent tram said Southerly right of way line to the Went
ltne of California Street in the City of Lodi.
5. A parcel of land 10 feet in width bounded by lines
ant their prolongations to an intersection with property
linos Or adjoining boundary lines 5 feet distant from and
parallel to tite following described center line:
Beginning at a point on the East line of Lot 8 of
Kundert Subdivision as delineated on the map tbereot tiled
April 22, 1947 in Volume 11 at Page 139, Book of maps and
Plats, San Joaquin County Reoords, said point of beginning
being 5.44 feet Southerly from the Northeast corner of
said Lot'8; thence Easterly parallel to and 5 feet distant
from the Southerly line of the Southern Pacific Railroad
(formerly known es the s.•J. and S.N.!.R.) 60 foot right
of way to the North line of Lookeford Street in the City
Of Lodi, being a portion of the Northeast Quarter of Section
2 sada portion of the Northwest Quarter of Section. 1,
Rias, mnBam.
mid Right of way and Easement are for the purposes follow-
its, and the amid City of Lodi Is hereby authorized and directed to
alaquire the aald Right of Way and Easement for tho following pur-
reeve, to -wit:
To dig holes for poles, anchors and appurtenenoes, pile
•t1 from such excavations on the surface of the land, erect
power o1c ., install cross arms, guys, wires and appurtenances to
operatr, repair, maintain, replace and do all things necessary for
the traasmiesion and distribution of electric power.
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The said City of Lodi is to fir 1y buclrfill around all
iwprovemeate, remove surplus excavation matariale and restore all
improveme,Ats disturbed by suoh construction, operation or main-
tenance to the state of repair existing at the time such improve-
ments ory disturbed.
In addition to the considoratio,,. to be paid for the
acquisition .of said right of way or easement, said City of Lodi
;gill pay the reabonable value, at the time, of all crops, im-
provements, trees or vines which moy be dwr:troyed or damaged by
or through the exercise of the rights so to be condemned or
acquired..
SIM f! CALMOKA,
COUNTT Or SAM JOAQUid,
cin Or LODI sa,
1, J. F. BI.AIXLT, City Clerk of the City of Lodi and
se-offioio Clerk of the City Council thereof, do h.roby u'xti4
*at the foregoing is a fall, taus ant correct copy of Pecolut -
ies No. 1.362 ass.passod sad adopt 1* rsgeler seeti of *44
City CounaLl hula on the 17th day of 8eptwbor, i%7 and that
the verb ea the adopt *home was as follows:
£XZ$; Council/ma, R.RWlX, iartle, Ridge, T*Diver
awl Rini (Mayor)
RQRB: Covaci1* *, lima.
ABSENT: Covnoiiln04, lies..
Asti at TM.d., GaLttont,ta
t sr .
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420* Orthe Cid
ani cipoffitie WAS of
Cst1 of 4144 Ciiy,