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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