63-0239RESOLUTION NO. 63R -239
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AUTHORIZING THE COMPROMISE
OF CERTAIN EMINENT DOMAIN LITIGATION.
Finance
R/W
Atty
WHEREAS, heretofore, by its Resolution No. 62R -341,
the City of Anaheim authorized and directed the initiation of
condemnation proceedings which resulted in the commencement
of Orange County Superior Court Case No. 103478, being entitled,
"City of Anaheim vs. Alvin F. Siewert, et al and
WHEREAS, Alvin F. Siewert, defendant to said litiga-
tion and owner of the property sought to be condemned by the
City of Anaheim, has offered to deed said property to the City,
together with an easement for drainage purposes over, under
and across the following described property situated in the
City of Anaheim, County of Orange, State of California, to wit:
An easement for public utility storm drain purposes
over, under and across that portion of the East 20
acres of the Northeast quarter of the Northwest
quarter of Section 28, Township 4 South, Range 10
West, S.B.B. M., described as follows:
Commencing at the Northeast corner of the East
20 acres of the Northeast quarter of the Northwest
quarter of said Section 28, said Northeast corner
being the center line intersection of Katella
Avenue with the center line of Ninth Street, thence
South 89 13' 30" West 611.50 feet along the said
center line of Katella Avenue to an intersection
with the Easterly line of that parcel of land
conveyed to the Orange County Flood Control
District by Document No. 97189 recorded July 24,
1957, records of Orange County, California, thence
South 0 55' 30" East 40.00 feet along the
Easterly line of the land conveyed to said Orange
County Flood Control District to the true point
of beginning of the parcel of land hereinafter
described, thence North 89 13' 30" East a
distance of 95.00 feet, thence South 71 52' 48"
West 105 feet more or less to an intersection
with the East line of the land conveyed to the
aforementioned Orange County Flood Control District
said point of intersection being in a line parallel
with and 70 feet Southerly of the center line of
said Katella Avenue, thence North 0 55' 30" West
30.00 feet along the Easterly line of the said
land to the true point of beginning;
for a total consideration of $135,000.00; and
WHEREAS, said defendant will, after the condemnation
to which reference has been made herein and condemnation of
certain other contiguous property of said defendant by the
Anaheim School District of Orange County, California (being
Orange County Superior Court Case No. 108551), have certain
property facing on Katella Avenue in the City of Anaheim; and
WHEREAS, said defendant desires said remaining
property to be rezoned to Zone C -1 and in connection there
with is willing to make certain dedications and street
improvements; and
WHEREAS, in the event such dedications to the City
of Anaheim and bonds guaranteeing such street improvements
are placed in trust with the City Attorney pending hearings
upon such reclassification of property, the City Council of
the City of Anaheim is willing to initiate such reclassifica-
tion of said defendant's remaining property to C -1 classification,
recognizing that such action is no commitment that such reclassi-
fication will be made.
NOW, THEREFORE, BE IT RESOLVED by the City Council
of the City- of Anaheim that the Director of Finance be, and
he is hereby, authorized and directed to deliver to the City
Attorney's Office the sump of $135,000.00, made payable to
Alvin F. Siewert and M. S. Bernard, to be delivered by the
City Attorney to said Alvin F. Siewert or his attorney,
M. S. Bernard, when the City Attorney holds a grant deed to
the property sought to be condemned by the City of Anaheim,
and an easement deed for public utility storm drain purposes
over, under and across the property hereinbefore specifically
described in this resolution.
AND BE IT FURTHER RESOLVED that the City of Anaheim
will, on its own initiative, (as soon as it is informed by the
City Attorney that he holds in trust said defendant's deed
dedicating a twenty -foot easement for road and highway purposes
along the Katella Avenue frontage of said defendant's property
and a bond guaranteeing the installation of standard street
improvements along said Katella frontage) seek reclassification
of said defendant s remaining property fronting on Katella
Avenue to a C -1 Zone, for any and all commercial uses compatible
with its proximity to said School District's property.
THE FOREGOING RESOLUTION is approved and signed by
me this 26th day of March, 1963.
ATTEST:
LERK t"�F THE CITY OF ANAHEIM
STATE OF CALIFORNIA
COUNTY OF ORANGE s s
CITY OF ANAHEIM
(SEAL
I, DENE M. WITLTAMS, City Clerk of the City of Anaheim,
do hereby certify that the foregoing Resolution No. 63R -239 was
introduced and adopted at a regular meeting provided by law, of
the City Council of the City of Anaheim, held on the 26th day of
March, 1963, by the following vote of the member thereof:
AYES: COUNCILMEN: Chandler, Schutte, Krein and Coons
NOES: COUNCILMEN: None
ABSENT; COUNCILMEN: Dutton
AND I FURTHER CERTIFY that the Mayor of the City of
Anaheim approved and signed said Resolution No. 63R -239 on the
26th day of March 1963.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the official seal of the City of Anaheim, this 26th day
of March, 1963.
CITY' CLERK OF THE CITY O ANAHEIM