Resolution Number 69-6-23-2113
RESOLUTION NO. 69-6-23-2
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO SETTLING
CERTAIN EMINENT DOMAIN LITIGATION.
WHEREAS, the City Council has heretofore authorized
the bringing of certain eminent domain litigation to acquire
easements for sanitary sewers resulting in the filing of
Orange County Superior Court Case No. 1551259 entitled, City of
San Juan Capistrano v. Carl M. Loftis, et al.; and
WHEREAS, certain defendants, to wit: Carl M. Loftis,
Nolan M. Doss, Edward Chade and Alma Chade, have agreed to
accept in settlement of their properties involved in said lit-
igation an amount equal to the respective sums placed on deposit,
plus an amount equal to the cost of the employment of a professional
appraiser; and
WHEREAS, the City Council finds that it is in the best
interests of the City to settle such litigation upon the basis
hereinabove set forth.
NOW THEREFORE, BE IT RESOLVED by the City Council of the
City of San Juan Capistrano that it authorize and it does hereby
authorize the payment of $3500.00 to Edward Chade and Alma Chade
and the payment of $500.00 to Carl M. Loftis and Nolan M. Doss,
Sr. in exchange for their respective easement deeds.
BE IT FURTHER RESOLVED that the Finance Director be
and here is hereby authorized and directed to draw a City warrant
in the amount of $3500.00 in favor of Edward Chade and Alma Chade
and Hayward L. LeCrone, their attorney to be delivered to the
office of the City Attorney for transmital when he holds an
easement deed in favor of the City of San Juan Capistrano.
BE IT FURTHER RESOLVED that the Finance Director be
and he is hereby authorized and directed to draw a City warrant
in the amount of $500.00 in favor of Carl M. Loftis and Nolan M.
Doss, Sr. and Hayward L. LeCrone, their attorney to be delivered
to the office of the City Attorney for transmital when he holds
an easement deed in favor of the City of San Juan Capistrano.
114
AND BE IT FURTHER RESOLVED that the City Council does
hereby accept the respective easement deeds and does order the
same recorded at such time as the respective amounts set forth
above have been paid to the respective grantors.
The foregoing Resolution is approved and signed by
me this 24" day of June, 1969.
ayor of—the ity Of
San Juan Capistrano
ATTEST:
��I"114jj /I
t Clerk of the City o
San Juan Capistrano
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
I, ERNEST A. THOMPSON, City Clerk of the City of Sari
Juan Capistrano, California, hereby certify that the foregoing
is a true and correct copy of a resolution of the City Council
of said City numbered 69-6-23-2, adopted by the City Council
on the 23rd day of June, 1969, and was so passed and adopted by
the following stated vote, to wit:
AYES: COUNCILMEN:
NOES: COUNCILMEN:
ABSENT: COUNCILMEN:
FORSTER, BATHGATE, DURNFORD,
OLIVARES and CHERMAK
NONE
NONE
City Clerk