58R-4800
RESOLUTION NO. 4800
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM AUTHORIZING THE CITY ATTORNEY TO
ENTER INTO A COMPROMISE SETTLEMENT AGREEMENT
AND STIPULATION TO BE ENTERED IN THE SUIT IN
EMINENT DOMAIN ENTITLED, "CITY OF ANAHEIM VS.
CLARA M. LA MONT, ET AL.," AND AUTHOR I Z ING
THE ACQUISITION OF SAID PROPERTY FOR PUBLIC
PARKING PURPOSES, UPON THE TERMS AND CONDI-
TIONS HEREINAFTER SET FORTH, AJ~D DIRECTING
PATI~NT THEREFOR.
WH&~EAS, by its Resolution No. 4027, entitled,
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
DETERMINING THE NECESSITY FOR, AND DIRECTING THE ACQUISITION
BY EMINENT DOfu~IN Of, REAL PROPERTY FOR THE PUBLIC PARKING
OF MOTOR VEHICLES," the City Council did declare the neces-
sity for the acquisition of the real property described
there in; and
WHEREAS, pursuant to said resolution a suit in
eminent domain was commenced on August 19, 1957, in the
Superior Court of the State of California, in and for the
County of Orange, entitled "City of Anahel m, a Munic ipal
Corporation of the Sixth Class, Plaintiff, vs. Clara M.
La Mont and Victor W. La Mont, wife and husband; W. M.
Kelsey; Alta D. Werber and Fern L. Werber, wife and husband;
John Doe; Jane Doe; John Doe I; Jane Doe 1; John Doe II;
Jane Doe II; John Doe III; Jane Doe III; John Doe IV; Jane
Doe IV; John Doe V; Jane Doe V; John Doe Company, a Corpora-
tion; and John Doe Company I, a Copartnership, Defendants,"
Case No. 73583; and
WHEREAS, said suit was tried before a Jury and
verdicts rendered on or about the 22nd day of JUly, 1958,
in favor of the City of Anaheim and assessing damages in
favor of Victor Charles La Mont and Allen W. La Mont in the
sum of $82,500.00, and assessing damages in favor of W. M.
Kelsey in the sum of $37,500.00; and
\~EREAS, judgment was thereupon entered for said
amounts on the 8th day of September, 1958; and
WHEREAS, following the entry of said judgment the
City Council seriously considered the matter of the abandon-
ment of said condemnation proceedings for the reason that
the damages awarded therein were deemed to be excessive; and
WHEREAS, the City and saie! defendants have entered
into a stipulation to amend the Findings of Fact and Con-
clusions of Law, and Judgment in Condemnation in said action,
and providing that the amount of the judgment in the sum of
$82,500.00, in favor of Defendants Victor Charles La Mont and
Allan W. La Mont, be ordered reduced to the sum of $74,000.00;
and ~roviding that the amount of the judgment in the sum of
$37,)00.00, in favor of Defendant W. M. Kelsey, be ordered
reduced to the sum of $34,500.00; and
WHEREAS, said Defendants Victor Charles La Mont
and Allen W. La Mont have requested that the sum of $lO,64l.66,
of the money due them, be paid to the Security Title Insurance
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Company of Santa Ana, Califorrl ia, for the use and benefit
of Minnie Montgomery, for the release of a trust deed which
she holds upon Parcel I described in the complaint filed
in said action, which said sum shall be delivered to her
when the Title Company can record a release of said trust
deed, and that the balance of said sum of $74,000.00; to wit,
$63,358.34, be paid to Victor Charles La Mont and Allen W.
La Mont; and
\~EREAS, the defendant, W. M. Kelsey, has re-
quested that said sum of $34,500.00 be paid to him;
NOW, THEREFORE, BE IT RESOLVED by the City Council
of the City of Anaheim that said stipulation and agreement
to amend the judgment heretofore entered in said action, as
hereinabove set forth, be and the same is hereby approved
upon the terms and conditions therein set forth; and that
the Director of Finance of the City of Anaheim be, and she
is hereby, authorized to pay to the Security Title Insurance
Company of Santa Ana, California, for the use and benefit
of Minnie Montgomery, the sum of $10,641.66, to be delivered
to her when a full release of the trust deed held by her on
Parcell described in the complaint above mentioned, shall
have been executed and recorded in the Office of the County
Recorder of Orange County, and that the sum of $63,358.34
be paid to Victor Charles La Mont and Allen W. La Mont in
full satisfaction of the judgment entered in said action;
and that the sum of $34,500.00 be paid to W. M. Kelsey in
full satisfaction of the judgment made and entered in said
action, which said sums are to be delivered to the said
Victor Charles La Mont and Allen W. La Mont, and W. M.
Kelsey upon receipt fr~m them, or their attorneys, of an
executed Satisfaction of Judgment to be filed in said action.
THE FOREGOING RESOLUTION is approved and signed by
me this 7th day of October, 1958.
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MAYOR OF E C OF ANAHEIM. ~
~ST'
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IT CLER1.(~ T~rio/ OF ANAHEIM.
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STl-m OF tAUFORm~
cotIIlTY OF bllMGE SSe
CIIT OF AlWEIJI
I, DEllE -M. *I~I.UlSt City Clerk.,Cf the CUyof AIlaheim,
do hereby certify ihat the foregoing Resol~tion was dUly passed
and .dopted at an adjourned regular _QUn" pro,vided by law,
of the City Council of the City of Anaheim, held on the 7th day
of October, 1958, by the following.votel
AYES I
COU;;~ILMJf~l~ Pearson, BOrden, F~, 5<<hutte and Coons
NOES I
COUNCILMEN I None
AasEJiTI COUNCILMENt }lone
. AND I FURTHER CERTIFY that the Mayor' 0f the City of
Anaheim approved and signed said Resolution onihe 7th day of
Oct~ber, 1958.
.
IN WITNESS WHEREOF, I have here\1nt,o set ff!Y haJl9. and'
affixed .the .official seal of tl\e City of Anaheim this 7th-day of
Octobe:r, 1958.
/ _.:... ,.". ct-----~~ .
;~:4~~- ;/;Y(.. ~/.4~'r~
CITY CLHRK .oF THE GIIT Of A~IM
(SEAL)
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