63-0722RESOLUTION NO 63R 722
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AUTHORIZING PARTIAL PAYMENT
IN CONNECTION WITH ESCROW ON ACQUISITION OF
FACILITIES OF DYKE WATER COMPANY AND AUTHOR-
IZING THE CITY ATTORNEY TO SIGN INSTRUCTIONS
IN CONNECTION THEREWITH.
Finance
Pub. Util,
WHEREAS, the City of Anaheim had judgment rendered in
"City of Anaheim vs. Dyke Water Company" Eminent Domain proceed-
ings entitled, Case No. 111149 in the Orange County Superior
Court, condemning certain facilities of the Dyke Water Company
to the use of the City of Anaheim upon payment of the sum of
$1,891,245.00 to the Title Insurance and Trust Company for the
benefit of the Dyke Water Company; and
WHEREAS, in connection with said deposit, escrow in-
structions have been entered into for dispersal of said funds by
said Title Insurance and Trust Company, wherein the sum of
$239,217.70 is to be paid by said Title Insurance and Trust
Company to the Orange County Water District for and on behalf of
the Dyke Water Company; and
WHEREAS, the Public Utilities Commission has made certain
orders upon the Dyke Water Company and the Title Insurance and
Trust Company in connection with said transfer of funds, and in
said orders has specified that said payment to the Orange County
Water District shall be made out of the funds paid by the City of
Anaheim for the benefit of the Dyke Water Company; and
WHEREAS, Title Insurance and Trust Company is not in a
position to issue necessary title policies to the City of Anaheim
in connection with the transfer of the said Dyke Water Company
properties at this time; and
WHEREAS, it is necessary to pay the demand of the
Orange County Water District on or before September 3, 1963, in
order to avoid a statutory penalty being invoked; and
WHEREAS, it is to the advantage of the City of Anaheim
and the Dyke Water Company to have a date of September 1, 1963,
established as the date of the transfer of possession of facili-
ties for billing and other purposes of m ncern to both parties; and
WHEREAS, the Dyke Water Company is willing to establish
said date of September 1, 1963, as the date of transfer of facili-
ties for all purposes in connection with the Eminent Domain pro-
ceedings and the escrow in connection therewith upon the dis-
bursement of the funds necessary to pay the obligation owed by the
Dyke Water Company to the Orange County Water District in the sum
of $239,217.70.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Anaheim that the City Attorney of the City of Anaheim
is authorized to enter into a memorandum for expediting and
closing dh a escrow entered into by the Dyke Water Company and the
-1-
City of Anaheim in connection with judgment entered in Case No.
111149 of the Superior Court of Orange County, and that he be
authorized in said memorandum for and on behalf of the City of
Anaheim, to authorize the Title Insurance and Trust Company to
disperse the sum of $239,217.70 to the Orange County Water
District for and on behalf of the Dyke Water Company prior to
the close of escrow.
BE IT FURTHER RESOLVED that dispersal of said sum of
$239,217.70 by the Title Insurance and Trust Company prior to
the close of said escrow, prior to recording of deeds in connec-
tion therewith, and regardless of condition of title, is hereby
approved by the City Council of the City of Anaheim and shall
not impose any liability upon said Title Company because of said
disbursement.
BE IT FURTHER RESOLVED that the City Attom ey is
authorized to deposit the sum of $500,000.00 with the Title In-
surance and Trust Company as a partial payment of the sum of
$1,891,245.00, andthat the Finance Officer is directed to draw
a check or warrant for said sum of $500,000.00 to the Title
Insurance and Trust Company, and the check or warrant drawn
August 30, 1963, by said Finance Officer is hereby specifically
ratified as a proper act on behalf of the City of Anaheim.
THE FOREGOING RESOLUTION is approved and signed by me
this 3rd day of September, 1963.
ATTEST:
CI Y CLERK OF THE CITY OF ANAHEIM
OR 0" CIt'Y OF ANAHEIM
STATE OF CALIFORNIA)
COUNTY OF ORANGE ss.
CITY OF
I, DENE M. WILLIAMS, City Clerk of the City of Anaheim,
do hereby certify that the foregoing Resolution No. 63R -722 was
introduced and adopted at a regular meeting provided by law, of
the City Council of the City of Anaheim, held on the 3rd day of
September, 1963, by the following vote of the members thereof:
AYES: COUNCILMEN: Schutte, Krein and Coons
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Dutton and Chandler
AND I FURTHER CERTIFY that the Mayor of the City of
Anaheim approved and signed said Resolution No. 63R -722 on the
3rd day of September, 1963.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the official seal of the City of Anaheim, this 3rd day
of September, 1963.
(SEAL)
CITY CLERK OF THE CITY OF ANAHEIM