HomeMy WebLinkAboutResolutions - No. 2002-178When Recorded, Return to:
City of Lodi
City Clerk's Office
P.O. Box 3006
Lodi, CA 95241-1910
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Recorded in 0fficial Records
County of San Joaquin
GARY IJ, FREEI'{ÊN
Assessor-Recorder-County C Ierk
Pa.id by SHOLJN 0N DOCUI'IENT
RECEIVED
ocT 0 1 2002
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RESOLUTION NO. 2002-17 8
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LODI FINDING THAT PUBLIC INTEREST AND NECESSITY
REQUIRE THE ACQUISITION FOR ELECTRIC SUBSTATION
EXPANSION PURPOSES PROPERTY OWNED BY PETE AND
HELEN PERLEGOS, COMMONLY REFERRED TO AS
ASSESSOR'S PARCEL N U MBER 043-202.1 4
(541 E. LOCUST STREET)
BE lT RESOLVED by the City Council of the City of Lodi (hereinafter referred to as
"City") as follows:
Section 1. The City finds and determines that public interest and necessity
require tfie éipansion of its Killelea Substation, part of the Electric System of the City of
Lodi, through the acquisition for such purpose, the fee title interest of the real property
owned by Pete and Helen Perlegos, commonly referred to as APN 043-202-14.
Section 2. Section 37350.5 of the California Government Code and California
State Constitution, Article ll, $9 authorizes the City to acquire by eminent domain property
for Electric Substation expansion purposes.
Section 3. An offer required by 57267.2 of the Government Code has been
made to the owners of record of the real property sought to be taken by these eminent
domain proceedings.
Section 4. The City finds and determines that the subject project has been
planned and is to be located in the manner that will be most compatible with the greatest
public good and the least private injury.
Section 5. The City finds and determines that the acquisition of the real
property-interests depicted in Exhibits "4" and "8" attached hereto, situate in the City of
LoO'¡, C-ounty of San Joaquin, State of California, are necessary for the construction and
maintenance of the aforesaid public improvements, and the taking of said real property
interest is necessary therefor.
Section 6. The City hereby ratifies the Categorical Exemption prepared for this
project per the California Code of Regulations, Title 14, Chapter 3, Article 19, 515301
shówing that it has no substantial impact upon the environment and that an environmental
impact report is not necessary.
Section 7. The City Attorney of the City of Lodi is hereby authorized,
empowered, and directed to perform as follows:
a. Commence an action or actions in eminent domain in the Superior Court of
the State of California, County of San Joaquin, in the name of the City of
Lodi to acquire necessary real property interests; and
b. To incur in the name of the City of Lodi, and on behalf thereof, all
obligations and expenses necessary to acquire the above-mentioned real
property interests.
Section 8. The City Clerk of the City of Lodi is hereby directed to cause a
certifieO copy of this Resolution to be recorded in the office of the San Joaquin County
Clerk/Recorder.
Dated: August 21,2002
I hereby certify that Resolution No. 2002-178 was introduced and read by the City
Council of the City of Lodi in a regular meeting held August 21,2002, and was duly
adopted at said meeting by a four-fifths vote as follows:
AYES:
NOES:
ABSENT:
ABSTAIN
Attest:
SUSAN J. BLAC
City Clerk
APPROVED AS TO FORM
COUNCIL MEMBERS - Hitchcock, Howard, Land, Nakanishi, and
Mayor Pennino
COUNCIL MEMBERS - None
COUNCIL MEMBERS - None
COUNCIL MEMBERS - None
PHILLIP ENNINO, Mayor
City of Lodi
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RANDALL A. HAYS
City Attorney
2002-178
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EXHIBIT A
LEGAL DESCRIPTION
APN 043-202-14
541 E. LOCUST STREET
Lot 18 in Block 48 of Brier and Keeney's
Addition, according to the Official Map or Plat
thereof, filed for record October 6, 1903 in Vol.
3 of Maps and Plats, Page 20, San Joaquin
County Records.
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