1962-0594RESOLUTION NO. 62R-594
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AUTHORIZING THE COMPROMISE
OF CERTAIN EMINENT DOMAIN LITIGATION.
Attorney
R/W
Finance Dir
WHEREAS, heretofore, by its Resolution No. 6840 the
City of Anaheim authorized and directed the initiation of con-
demnation proceedings which resulted in the commencement of
Orange County Superior Court Case No. 101633, being entitled
"City of Anaheim v. Albert J. Etchandy, et al. and
WHEREAS, the defendants, Albert J. Etchandy, Robert D.
Etchandy, Dominic C. Etchandy and their respective wives, in lieu
of answering said complaint and litigating the subject matter
thereof, are willing to sell the hereinafter described land to
the City of Anaheim, subject to a lease -back agreement, for the
sum of 185,000.00; and
WHEREAS, the City Council of the City of Anaheim
finds that the sum of $185,000.00 is a fair and reasonable
amount for the hereinafter described land, that the lease -back
arrangements are fair and reasonable and that the acceptance
of the compromise of said eminent domain litigation upon the
terms and conditions herein contained is in the best interest
of the City of Anaheim;
NOW, THEREFORE, BE IT RESOLVED by the City Council
of the City of Anaheim that the Finance. Director be, and she
is hereby, authorized and directed to deliver to the office
of the City Attorney a check in the sum of $185,000.00 payable
to Albert J. Etchandy, Robert D. Etchandy and Dominic C.
Etchandy, to be delivered by the City Attorney to said Albert J.
Etchandy, Robert D. Etchandy and Dominic C. Etchandy when, in
his opinion, the City Attorney holds a good and sufficient
deed from said Etchandys to the City of Anaheim, covering the
following described property:
A parcel of land located in the City of Anaheim,
County of Orange, State of California, being the
East ten acres, more or less of the Northwest quarter
of the Southeast quarter of Section 14, Township 4
South, Range 11 West, San Bernardino Base and Meridian,
more particularly described as follows:
Beginning at the Northeast corner of the Northwest
quarter of the Southeast quarter of said Section 14;
thence South along the east line of said Northwest
quarter of the Southeast quarter to the point of
intersection with the north line of that parcel of
land conveyed by Deed No. 89142, recorded 5 -19 -60
and filed in Book 5251, Page 305 of Official Records
in the Office of the County Recorder of said Orange
County; thence West along the last mentioned north
line 533 feet; thence North parallel with said east
line of the Northwest quarter of the Southeast quarter
of Section 14 to the point of intersection with the
north line of said Northwest quarter of the Southeast
quarter; thence East along the last mentioned north
line to the point of beginning.
BE IT FURTHER RESOLVED that the City Council of the
City of Anaheim does hereby accept the conveyance of the afore-
mentioned property.
AND BE IT FURTHER RESOLVED that the City Attorney
prepare an agreement between the City of Anaheim and said
Etchandys embodying the following terms and conditions:
1. The Etchandys will prepare and deliver a
deed to the City of Anaheim which the City may record
upon the payment of $185,000.00.
2. The City will lease said land to Etchandys,
for agricultural purposes only, for a term of two years
at an annual rental of $1,000.00.
3. Etchandys may renew said lease for an additional
two years unless the City has an immediate need to
develop said property for public purposes.
4. After the initial two year period, City re-
serves the right to cancel said lease on thirty (30)
days' notice provided such cancellation does not
interfere with the harvesting of any strawberry crop
planted by the Etchandys.
5. Etchandys may use the well on the premises
with joint use by the City when the property is used
for 'public purposes by the City with sharing of power
and maintenance costs during such joint use
6. Etchandys shall, upon termination of said
lease, have the right to continue joint use of said
well for agricultural purposes only upon contiguous
property owned by Etchandys.
and that the Mayor and City Clerk of the City of Anaheim be,
and they are hereby authorized and directed to execute said
agreement for and on behalf of the City of Anaheim.
THE FOREGOING RESOLUTION is a••roved and signed by
me this 26th day of June, 1962.
ATTEST:
Deno M. WiMams,
CITY CLERK OF
B
DEPUTY CITY CLERK
-2-
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 No. 62R -594 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
June, 1962, by the following vote of the members thereof:
AYES: COUNCILMEN: Dutton, Schutte,'Chandler, Krein
and Coons.
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 26th,day of
June, 1962.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the official seal of the City of Anaheimthis 26th day of
June, 1962.
(SEAL)
u z N4. Wi}!iams, "C.
CITY C„4RK OF THE CITY NAHEIM
UfPt1T'4 COY cLERK