Resolution Number 73-4-2-21
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RESOLUTION NO. 73-4-2-2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN JUAN CAPISTRANO AUTHORIZING THE CITY
ATTORNEY TO COMPROMISE AND SETTLE AN ACTION
IN EMINENT DOMAIN (RIO VISTA TRACT NO. 7159).
WHEREAS, this City Council did by its Resolution No. 72-4-24-5
Authorize the acquisition by eminent domain of all interests in and
to a well site to be used for streets and highway purposes within
Tract No. 7159 (Rio Vista); and
WHEREAS, the aforesaid condemnation action was to be at the
sole expense of the developer of said tract; and
WHEREAS, the City Engineer has determined that the City requires
only the use of the surface of said property for streets and highway
purposes; and
WHEREAS, the City's appraiser has found and determined that the
value of all of the interests to be acquired is nominal; and
WHEREAS, the City has received an offer to settle from Eliza-
beth McArthur Duque, who possesses an undivided 11/120th interest
in and to the property to be acquired, of the sum of $200.00; and
WHEREAS, based thereon, the City Engineer and City's appraiser
has found that the other interests may be settled in the following
manner:
1. Paul B. & Dora B. Benson 1/40th interest $ 54.55
2. Richard P. & Julia D. Day 1/40th interest 54.55
3. William W. & Shirley A. Holcomb 1/60th interest 36.36
WHEREAS, this City Council has found and determined that it is
in the best interests of the City of San Juan Capistrano to settle
and compromise the aforesaid condemnation action upon the terms
hereinabove set forth.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of San Juan Capistrano that the City Attorney be and is hereby auth-
orized to settle and compromise the condemnation action entitled
"City of San Juan Capistrano vs. Duque, et al, for the sums herein-
above set forth.
BE IT FURTHER RESOLVED that the sums required to be deposited
therefore may be advanced from the City Treasury subject to reim-
bursement from the developer.
BE IT FURTHER RESOLVED that the aforesaid owners be and are
hereby authorized to retain any and all rights to the subsurface
and well rights not required by the City of San Juan Capistrano for
streets and highway purposes.
PASSED, APPROVED AND ADOPTED this 2nd day of April, 1973, by
the following vote, to wit:
AYES: COUNCILMEN: BYRNES, CHERMAK, GAMMELL, WEATHERS
NOES: COUNCILMEN: NONE
ABSENT: COUNCILMEN: THORPE
ATTEST:
i
shamme ,Dice -Mayor 6ft e
City of San Juan Capistrano
C