HomeMy WebLinkAboutResolutions - No. 139613943
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CONDEMNATION
AND ACQUISITION BY EMINENT DOMAIN OF A RIGHT
OF WAY AND EASEMENT FOR THE PURPOSES OP
A WATER MAIN.
BE IT RESOLVED, By the City Council of the City of Lodi,
a Municipal Corporation of the Sixth Class, of the County of
San Joaquin, State of California, that said City Council, and
said City of Lodi, hereby find; determine and deelare as followst
That the public interest and neoeeeity require the ac»►
quisition,cQnstruction and completion, by the said City of Lodi,
of a public improvement, namely, a main line for the transmission
of the water. The public interest and necessity require the
acquistion for said public improvement of the interest in real
property hereinafter deeoribed„
Said proposed water main, and the said proposed Right of
Way and Easement therefor, are located in a manner which will
be most compatible with the greatest public good and the least
private injury.
BE IT NURTEER RESOLVED, by said City Council, that said
City of Lodi is hereby authorized and empowered as followst
To acquire, in the name of said City of Lodi, the here..
1/wafter described intereete in real property, by condemnation
in accordance with the provisions of the Code of Civil Pro
cedure and of the Constitution of the State of California
relating to eminent domain;
To prepare and prosecute, in the name of said City ot
Lodi, such proceeding or proceedings in the proper court having
jurisdiction thereof as are or may be neeess k1 v for such
aequiettionf
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 interests
in real property, for a Right of Way and Easement for said
water main and for all uses and purposes thereof;
To make deposit of such security out of proper funds
under the control of said City, in such amount or mounts so
fixed, or to be fixed, and determined, and in such manner aa
said court in which such condemnation proceedings are, or may
hereafter be pending, may direct; and the City Clerk of said
City is hereby authorized and directed to draw, upon the Treasury
of said City, such warrant or warrants ae may be necessary for
such pmpoae, or purposes, and to issue such warrant or warrants,
and the said Treasurer is hereby authorized and directed to
cash such warrant or warrants out of any funds belonging to
said City,
The interests in real property, which the said City of
Lodi is, by this Resolution, authorized to acquire for said
public use to situated in the County of San Joaquin, State of
California, and described as follows;
A Right..of Way and Easement in, over, upon, under and
across a strip of land five feet wide (for the hereinafter
mentioned purposes) situated in the County of San Joaquin,
Sta0 or Galitorniai and described as follows, to-wit;
The West 5 feet of the following described
tract of lands
A portion of the Northwest 1/4 of Section 50 T3N,
:Bin described as follows;
Beginning at-the Northwest corner of Section 50.
and running thence South along the West lite of Section 5
13.,38 chains and running thence Bast 20 chains; thence
North 13,35 chains to North line of Section 5; thence
West along the North line to place of beginning,
-2,.
Except the East 25 feet thereof.
Also except the East 25 feet of the Weet 7
acres of the North 17 acres as reserved as a public
road. December 2, 1908, recorded "A" 169.365.
Except the Weat 50 feet conveyed to the Central
California Traction Company. Book A 169--505.
The said Right of Way and Easement are for the purposes
following, and the said City of Lodi is hereby authorized and
directed to acquire the said Right of Way and Easement for
the following purpoeee, to -wits
To dig -;and construct ditches, pile earth from said
ditches on the surfaee of the lands, and surrounding and
contiguous lands, lay and construct pipes and one or more
pipe lines, fill and back fill the ditches, repair and maintain,
and construct, re -construct and replace, service and operate
said pipe line or lines, and to conduct water and other liquids
through the same, and to install, repair, service and maintain
and replace man holes in connection with any and all such pipe
line or pipe lines (provided that such man holds shall only
be placed at points within three feet of the boundary linea
of lande of any owner) together with the right to enter in and
upon the lands immediately adjacent to the herein above de-
scribed five foot strip of land as may be necessary for the
construction, repair or replacing of said pipe lines or
man
holes; the said City of Lodi to level and back fill the five
feet strip of land herein described:
In addition to the considerations to be paid for the
acquisition of said Rights of Way or Easements, said City of
Lodi will pay the reasonable value, at the time, of all crops
and improvements which may be destroyed or damaged by or
through exercise of the rights so to be condemned or acquired,