HomeMy WebLinkAboutResolutions - No. 2038RESOLUTION NO. 2038
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 of Mills
Avenue at its easterly intersection with Turner Road with the
consequent necessity of acquiring an easement for street purposes
over privately owned property.
(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 widening is necessary and required by the
Division of Highways of the State of California to provide a
minimum radius for turning of 50 feet.
(t1) That the following described property is necessary for
the improvement hereinbefore described;
All that certain real property situate in the City
of Lodi, County of San Joaquin, State of California,
described as follows:
A portion of Lot 1, Lakeside Park, as filed for
record August 7, 1950, in Vol. 13, page 79, Book of
Maps and Plats, San Joaquin County Records, and more
particularly described as follows:
Beginning at the Northwest corner of said Lot
1; thence South 0° 201 East along the W2st line of
said Lot 1, 28.52 feet; thence North 29 i6' 35"
East 4.40 feet to a point on the North line of said
Lot, said point being also on the Southerly right
of way of the Southern Pacific Company; thence along
the North line of Lot 1, Lakeside Park, on a curve •
to the left having a radius of 2894.83 feet and a
chord bearing North 59° 05► 37" West, a distance of
1)}.10 feet, to the true point of beginning.
(5) That the City of Lodi acquire an easement and right
of way for street purposes in the above described property by
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donation, purchase, or by condemnation in accordance with the,
provisions of the Code of Civil Procedure of the State of Cali-
fornia relating to eminent domain.
(6) That the compensation for the easement and right of way
taken and property damaged, if any, arising out of the location,
construction and maintenance of said project be adjusted by agree-
ment or by proceedings calculated to fix the compensation, if any,
to be paid.
(7) That the City Attorney is hereby authorized to pro-
secute 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 construction and maintenance of said improvement; and
in the absence of a satisfactory price agreement with the owner
of the land, the City Attorney is hereby directed to immediately
commence proceedings under Title VII, Part IIT of the Code of
Civil Procedure of the State of California to condemn the prop-
erty described above for the purpose of taking the easement and
right of way for the improvement described in Paragraph
of this resolution.
(8) To make application to the Court for an order fixing
the amount of such security iri 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.
I, HENRY A. GLAVES, JR., City Clerk of the City of Lodi, do
hereby certify that the foregoing is a true and correct copy of
Resolution No. 2038 Passed and adopted by the Council of the
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City of Lodi at a regular meeting thereof held on the 17th day of
July, 1957, by the following vote:
AYES, COUNCILMEN: Fuller, Katzakian, Nitciei1, Robinson
and Hughes
NOES, COUNCILMEN: None
ABSENT, COUNCILMEN: None
en . rives,
City of Lodi.
Clerk,