1954-2600RESOLUTION NO. 2600
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAIIIIaM APPROVING AN AGREEMENT WITH
WILLIAM M. LANSDALE, DYKE LANSDALE, DYKE WATER
COMPANY, MOORE BUILT HOMES, INC. AND WALNUT
CO., LTD. RELATING TO WAIVER OF APPEAL AND OF
THE RIGHTS IN AN ACTION INSTITUTED AGAINST THE
CITY OF ANAHEIM.
WHEREAS, heretofore, to wit, on or about the 17th
day of September, 1954, William M. Lansdale, Dyke Lansdale,
Dyke Water Company, Moore Built Homes, Inc. and Walnut
Co., Ltd. did file a Petition for Injunction, Writ of Certiorari,
and Writ of Mandamus in the Superior Court of the State of
California in and for the County of Orange, under Docket No.
63607, entitled "WILLIAM M. LANSDALE, DYKE LANSDALE, MOORE
BUILT HOMES, INC., a Corporation, WALNUT CO., LTD., a partner-
ship, Plaintiffs and Petitioners, vs. THE CITY OF ANAHEIM, a
municipal corporation, THE CITY COUNCIL OF THE CITY OF ANAHEIM,
CHARLES A. PEARSON, L. N. WISSER, GLENN A. FRY, RAY VAN
WAGONER and A. J. SCHUTTE, as members of the City Council of
the City of Anaheim; DENE M. WILLIAMS, as City Clerk of the
City of Anaheim and ex- officio Clerk of the City Council of
the City of Anaheim; CHARLES E. GRIFYiTH, as City Clerk of the
City of Anaheim and ex- officio Clerk of the City Council of
the City of Anaheim; and CHARLES E. GRIFFITH, individually,
Defendants and Respondents," seeking a temporary restraining
order, directed to the City of Anaheim and to the members of
the City Council thereof, and to the City Clerk of the City
of Anaheim, directing them and each of them to cease and de-
sist from any further action or proceedings pursuant to that
matter commonly known as Disneyland Annexation until the fur-
ther order of said Court, and further directing said respondents
to appear before said Court on the 22nd day of September, 1954
at 2:00 o'clock P.M. thereof to show cause why a preliminary
injunction should not issue enjoining said respondents and
each of them from doing any act or taking any further proceed-
ings in said Disneyland Annexation until the further order of
the Court; and that a Writ of Certiorari issue out of said
Court directing said respondents to cause to be certified to
said Court on said date a full transcript of the records and
proceedings concerning said Disneyland Annexation; and
WHEREAS, said parties appeared in said action on said
22nd day of September and the same was thereupon continued un-
til November 8, 1954, upon which said date all parties ap-
peared and said matter proceeded to a hearing; that said matter
was duly argued and submitted to the Court for its decision,
and upon the 16th day of December, 1954 said Court found in
favor of the defendants and respondents and against the plain-
tiffs and petitioners; and
WHEREAS, it is the mutual desire of the parties to
said action that the same be terminated and become final; and
WHEREAS, the plaintiffs and petitioners in said
action have submitted to the City Council an agreement wherein
and whereby they agree to release and waive all rights of
appeal in the above mentioned action and all other legal
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rights or remedies which they now have or may hereafter acquire
to contest, resist or oppose the completion of the Disneyland
Annexation to the City of Anaheim or to challenge the suffi-
ciency or validity thereof in accordance with the provisions
set forth in said agreement; and
WHEREAS, the City Council does find that it would be
to the advantage and for the best interest, of the City of
Anaheim and the property owners and residents of the territory
known as the Disneyland Annexation that said agreement be ap-
proved.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Anaheim that all that certain agreement dated
December 20, 1954 herewith submitted to the City Council by
the plaintiffs and petitioners in the above mentioned action be,
and the same is hereby, approved, and the Mayor and the City
Clerk be, and they are hereby, authorized to execute and deliver
said agreement for and on behalf of the City of Anaheim.
THE FOREGOING RESOLUTION is signed and approved by
me this 27th day of December, 1 954.
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM.
MAYOR OF TftE CITY OF ANAHEIM.
EAL)
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 was introduced and adopted
at a :Special Called meeting provided by law, of the City Council of the
City of Anaheim, held on the 27th day of December, 1954.
AYES: COUNCILMEN: Pearson, Fry, Wisser and Van Wagoner.
NOES: COUNCILMEN: None.
ABSENT: COUNCILMEN: Schutte.
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim
approved and signed said resolution on the 27th day of December, 1954.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
official seal of the City of Anaheim this 27th day of December, 1 95 4
CITY CLERK OF THE CITY OF ANAHEIM