HomeMy WebLinkAbout55-179RESOLUTION NO. ~5-179 AUTHORIZING TERMS OF A SETTLEMENT
WITH MR. AND MRS. DAVID J. KELLER ON EAST FIRST STREET
WIDENING, CASE NO. 64886
WHEREAS, heretofore, the City filed an action in Eminent
Domain in the Superior Court of California, in a~d for the County
of Orange, Case No. 64886, in which Mr. and Mrs. DAVID J. KELLER
were parties defendant as the record owners, subjects to liens, of
Parcel 2, described in the Complaint in said action and reference
is hereby made to said Complaint for a detailed description of said
property and for other details; which said Gomplaint seeks to con-
demn fee title to all of said Parcel 2; and
WHEREAS, the City needs only an easement over the Northerly
17 feet of said Parcel 2 for street purposes and agreement has been
reached with said Defendants as to settlement of said litigation;
NOW, THEREFORE, BE IT RESOLVED:
That the City Council hereby authorizes and directs the
City Attorney to enter into a Stipulation for a Judgment with said
Defendants as follows:
(A) That the City agrees to the rendition of a judgment in
favor of said Defendants in amount of $9500.00.
(B) That Defendants agree to the rendition of a Judgment
awarding to the City an easement over the Northerly 17 feet of said
property for all the purposes of a public street and providing that
Defendants will, without delay, remove the hoist and the gasoline
pumps from said easement, will remove the building from said ease-
ment within sixty days and whic~ said judgment shall provide that
no buildings or structure, or any part thereof, shall be built,
moved onto or located on said property within 30 feet of the sur-
veyed center line of Lyon Street.
BE IT FURTHER RESOLVED: That in event it appears that undue
delay may result from the use of a Stipulation for judgment, the
proper authorities are authorized to enter into escrow instructions
and to conclude this matter through escrow and the presentation
of a deed to the City, all conditions to be included in said es-
crow and/or deed as heretnabove set out and Defendant to pay all
taxes he would be required to pay in event matters were concluded
by a Stipulation for Judgment.
PASSED AND ADOPTED by the City Council of the City of Santa
Ana at its regular meeting held on the 6th day of June, 195~.
CF.W. RK OF THE COLrNCIL
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF SANTA ANA )
I, ERMA KEELER, do hereby certify that I am the Clerk of the
Council of the City of Santa Ana; that the foregoing Resolution was
regularly introduced to said Council at its regular meeting held
on the 6th day of June, 19~, and was at said meeting regularly
passed and adopted by the following vote, to-wit:
AYES, COLFNCIL~N: J. Ogden ~arkel, William Jerome,
~ilford W. Dahl, Courtney i~. Chandler
NOES, COUNCILMEN:
ABSENT, COUNCIL~EN: Dale H. Heinly
CLERK OF THE COUNCIL