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71R-202 RESOLUTION NO. 71R- 202 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE SETTLEMENT OF CER~ TAIN EMINENT DOMAIN LITIGATION (STADIUM AND KATELLA UNDERPASS). WHEREAS, heretofore Case No. 123,219, entitled City of Anahe~ v. Michel, was filed to condemn 6.6 acres of land as part of the Anaheim Stadium project and Case No. 152,046 entitled City of Anaheim v. Michel, was filed in connection with the construc- tion of the Kate11a underpass; and WHEREAS, the City has deposited with the Clerk of the Superior Court on both of said cases the total sum of $498,786.19 so that the City may take possession of the entire property; and WHEREAS, Case No. 123,219 is presently on appeal before the Court of Appeal, Fourth Appellate District and Case No. 152,046 has not been tried; and WHEREAS, all of the defendants in each of the cases has offered to settle both cases for a total consideration of $500,000.00, and the City Council finds that it is in the best interests of the City to settle said cases for said amount and to dismiss the appeal in Case No. 123,219. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that, in addition to the sum of $498,786.19 deposited with the Clerk of the Superior Court, that the Director of Finance be and he is hereby authorized and directed to deliver to the Office of the City Attorney a City Warrant in the .amount of $1,213.81 made payable to George A.. Mic11el, .Dimple Michel, Richard Homer Wagner and Elizabeth K. Wagner, for transmittal to said defendants.. AND BE IT FURTHER RESOLVED that the City Attorney be and he is hereby authorized and directed to obtain .and record Final Orders of Condemnation in each of said actLons and to dis- miss the appeal presently pending before the Court of Appeal, Fourth Appellate District, being 4th Civil No, 10448. THE FOREGOING RESOLUTION is approved and signed by me this 18th day of n.1ay, 1971. ATTEST: DENE M. DAOUST, CITY CLERK .:/ . .~~ ;. i. . ,;'/.,.., i .." ".~ ,/ ~Tt~<CtEfat'o~ / THE~I~Y' 't5r't~AHEIM Deputy JHD:kw ......:".. _.. .... -~'NC'CHr.~:'. ...........~ . ................~.~,..........- -.....~ .... .~...,~......... .............;...~ .-"_.~:lII_~~-:onc:.~.__..._....................---...-... STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss . CITY OF ANAHErM ) I, DENE M. DAOUST, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 71R-202 was passed and adopted at a regular meeting of the City Council held on the 18th day of May , 19 71, by t.he' following vote of the members thereof: --- . AYES: COUNCILMEN: Roth, Stephenson, Pebley, Thom and Dutton NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 18th day of May , 19 -2!.... . IN WITNESS WHEREOF, I have hereunto set. my hand and affixed the seal of the City of Anaheim this 18th day of May , 19 -2!..... DENE M. DAOUST, CITY CLERK "'\ ,...._-.. By :_'C '. _<t_ '.1:. Cv /~)...~. ~ fr <~. "t..G -I''L..~'' - Deputy CITY CLERK OF THE CITY OF ANAHEIM (SEAL) I, DENE M. DAOUST, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 71R-202 duly passed and adopted by the Anaheim City Council on May 18, 1971. DENE M. DAOUST, CITY CLERK By .\ -., { /.~... ;;..~.. (c. .... /" ~ ,.-" .." l."... ~.>. >/ ...>. ~ -"._A j ..,.-.' ""'_."" '-'...-r....~ Deputy M/B uQsMea/^llV .bl~JV ... --.. ._". .... ~....,............... .......~ "L." ..........-~::...~...... ~_............. _ -....-.........'WIJ('MII'.....-....,.......,IF...ao:.t5.M.......: