63-0922ATTEST:
RESOLUTION NO. 63R -922
,A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM AUTHORIZING THE COMPROMISE OF CER-
TAIN EMINENT DOMAIN LITIGATION AND AUTHORIZING
AND DIRECTING THE MAYOR AND CITY CLERK TO
EXECUTE AN AGREEMENT TO ACCOMPLISH SUCH. COM-
PROMISE.
WHEREAS, heretofore, the United States of America filed
certain condemnation proceedings in the United States District
Court for the Southern District of California, identified as
"U.S.A. v.Certain Parcels of Land in the Counties of Los Angeles
and Orange, State of.California, Leo N. Harvey, et al," Civil
Action No. 16687 WM, in which the City of Anaheim was named and
served as a party defendant; and
WHEREAS, the City of Anaheim has incurred and will
incur certain expenses arising out of construction work necessary
and incidental to the accommodation of city -owned facilities to
the facilities constructed by the Government within the right
of way acquired as a perpetual easement for pipeline purposes
by the Government in said condemnation proceedings; and
WHEREAS, the City of Anaheim and the Government have
determined it to be advantageous to both parties for the Govern-
ment to reimburse the City for a portion of said expenses, thus
concluding said eminent domain litigation; and
WHEREAS, the City Council of the City of Anaheim finds
that the sum of $19,312.27 is a fair and reasonable estimate
of the Government's share of said expenses and that the Facili-
ties Accommodation Agreement submitted lay the United States of
America is a proper, fair and reasonable agreement to facilitate
the settlement of said litigation.
NOW THEREFORE BE IT RESOLVED by the City Council of
the City of Anaheim that it authorize and direct, and it hereby
authorizes and directs, the compromise of said eminent domain
litigation for the estimated sum of $19,312.27 and authorizes
and directs the Mayor and City Clerk to execute that certain
agreement entitled "Facilities Accommodation Agreement" to
facilitate and accomplish said compromise.
THE FOREGOING RESOLUTION is approved and signed by
me this 19th day of November, 1963.
Acctg. urr.
Atty.
R/W
Engr.
Pub. Works
STATE OF CALIFORNIA
COUNTY OF ORANGE ss.
CITY OF ANAHEIM
I, DENE M. WILLIAMS, City Clerk of the City of Anaheim,
do hereby certify that the foregoing Resolution No. 63R -922 was
introduced and adopted at a regular meeting provided by law, of
the City Council of the City of Anaheim, held on the 19th day of
November, 1963, by the following vote of the members thereof:
AYES: COUNCILMEN: Dutton, Chandler, Schutte, Krein and Coons
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
AND I FURTHER CERTIFY that the Mayor of the City of
Anaheim approved and signed said Resolution No. 63R -922 on the
19th day of November, 1963.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the official seal of the City of ,Anaheim, this 19th day
of November, 1963.
(SEAL)
CITY CLERK OF THE CITY OF ANAHEIM