CC RESOLUTION 669RESOLUTION NO. 669
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF EL SEGUNDO, CALIFORNIA, RELATING
TO THAT PORTION OF THE NORTHERLY 60 FEET OF
DOUGLAS AVENUE WITHIN SAID CITY, TO -.WIT: 1075.60
FEET, VACATED FOR PUBLIC STREET, ROAD AND /OR
HIGHWAY PURPOSES BY ORDINANCE N0. 237 OF SAID
CITY, AND AUTHORIZING THE EXECUTION AND
DELIVERY OF A QUITCLAIM DEED TO SAID PORTION
OF SAID NORTHERLY 60 FEET OF SAID DOUGLAS
AVENUE VACATED BY SAID ORDINANCE N0, 237, AS
CONTEMPLATED UNDER THE PROVISIONS OF SECTION
1109 OF THE CIVIL CODE OF THE STATE OF
CALIFORNIA.
WHEREAS, there has been presented to the City
Council of the City of E1 Segundo, California, a oommunica-
%ion in Words and figures as follows:
"City Council June 22, 1943
City of El Segundo
o% Clyde Woodworth, Es q.
City Attorney, City of El Segundo
210 East Queen Street
Inglewood, California
RE: NOTICE OF FORFEITURE AND RE- ENTRY,
AND DEMAND FOR DEED.
"Gentlemen:
"The Douglas Aircraft Company, Ina., acting by
and through the undersigned as General Counsel, hereby
notifies you, and the City of El Segundo, that the
reversionary rights of the Santa Fe Land and Improvement
Company in and to that portion of the Northerly sixty
(60) Pest of Douglas Avenue, in the City of E1 Segundo,
to-wit 1075.60 feet, heretofore vacated by Ordinance
237 of the City of E1 Segundo, have been acquired by,
and are vested in, said Douglas Aircraft Company, Inc.
That said Douglas Aircraft Company, Inc., is, and for
some time past has been, the owner of the fee title in
and to said land by reason of the breach by said City
of E1 Segundo of the "condition subsequent' imposed in
that certain deed from the Santa Fe Land and Improve-
ment Company to said City of El Segundo, recorded in
Book 12672, Page 114 of Official Records of the County
of Los Angeles, State of California. That said breach
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occurred when said City of E1 Segundo osased the use
of said Northerly sixty feet of Douglas Avenue for
street, road and /or highway purposes, and vacated said
street by said Ordinance No. 237 of said City, which
vacation has long since become final; that said Douglas
Aircraft Company, Inc., has re- entered upon said pre-
mises and does hereby declare the forfeiture of any
and all of the rights of said City of El Segundo under
said aforementioned Deed, and demands that said City
execute its Deed in favor of said Douglas Aircraft
Company, Inc., as required by the provisions of Section
1109 of the Civil Code of the State of California.
"Kindly disregard our letter of June 7, 1943,
covering the above subject matter.
Yours ver truly,
H. W, ELLIOTT
GENERAL COUNSEL
DOUGLAS AIRCRAFT COMPANY, INC.
Robt. E. REM/hk By ASSISTANTMCoOUNSEL
w
AND, WHEREAS, the City Council of the City of
E1 Segundo, California, is satisfied that each and all of
the statements made in said communication are true;
AND, WHEREAS, Section 1109 of the Civil Code of
the State of California, referred to in said oommunication,
reads as follows, to -wit:
"Soo. 1109. Grant made on condition subsequent.
Where a grant is made upon condition subsequent, and
Is subsequently defeated by the non- performanoe of the
condition, the person otherwise entitled to hold under
the grant mast reconvey the property to the grantor or
his successors by grant, duly acknowledged for record
(emoted 1872.; "
AND, WHEREAS, in view of the foregoing premises,
the said City Council believes and finds that the action
hereinafter taken is in the interests and for the benefit of
said City and in the public interest, and that such action
Is in accordance with the facts and in compliance with a
duty enjoined by law;
NOW, THEREFORE, the City Council of the City of
E1 Segundo, California, does hereby resolve, declare, find,
determine and order as follows, to -wit:
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First: That each and all of the facts recited
in the above quoted communication from H. W. Elliott,
General Counsel of Douglas Aircraft Company, Inc., dated
June 22, 1943, are true and correct.
Second: That the said City Council, pursuant to
Proceedings duly and regularly had and taken, as provided
by law, did by Ordinance No. 237 of the City of El Segundo,
which said ordinance has now become effective, vacate and
abandon for public street, road and /or highway purposes,
the real property referred to and described in said
communication, to -wit:
All of that portion of the Northerly 60 feet
of said Douglas Avenue, within said City, to-wit,
1075.60 feet, vacated by Ordinance No. 237, of
the City of E1 Segundo, County of Los Angeles,
State of California,
which said real property is included in the property described
in that certain deed from the Santa Fe Land and Improvement
Company to said City, recorded in Book 12672, page 114 of
the official records of the County of Los Angeles, State of
California, and therefore subject to the condition subsequent
Imposed in said deed.
Third: That in pursuance of the duty enjoined
under the circumstances by law so to do, the Mayor of said
City, on behalf of said City and in its name, is hereby
authorized and instructed to execute a quitclaim deed from
said City to the said Douglas Aircraft Company, Inc., to the
real property constituting and being all of that portion of
the Northerly 60 feet of Douglas Avenue in the City of El
Segundo, County of Lee Angeles, State of California, to -wit:
1075.60 feet, heretofore vacated by said Ordinance No. 237
of said City; and the City Clerk of said City is hereby
authorized and instructed to attest the said deed, to affix
the official seal of said City thereto and to deliver said
deed so executed to said Douglas Aircraft Company, Inc.
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Fourth: That said Council does hereby find and
determine that the action herein ordered to be taken and
the execution and delivery of said quitclaim deed, as here -
inabove authorized, is in the interests and for the benefit
of said City and in the public interest and for the public
benefit, and is in pursuance of a duty enjoined by law
under the provisions of said Section 1109 of said Civil
Code.
Fif the That the City Clerk shall certify to the
passage and adoption of this resolution; shall cause the
same to be entered in the book of resolutions of said City,
and shall make a minute of the passage and adoption thereof
in the records of the proceedings of the City Council of
said City in the minutes of the meeting at which the same
Is passed and adopted.
Sixth: That this resolution shall take effect
Immediately.
Passed, approved and adopted this 23rd day of
June, A. D., 1943.
Mayor o the City of El edo,
California.
(SEAL)
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS.
I
CITY OF EL SEGUNDO )
I, Victor D. McCarthy, City Clerk of the City
of E1 Segundo, California, do hereby certify that the
whole number of members of the City Council of the said
City is five; that the foregoing resolution, being
Resolution No. 669, Was passed and adopted by the said
City Council, approved and signed by the Mayor of said City
and attested by the City Clerk of said City, all at a
regular meeting of the said Council held on the 23rd day
of June, A. D., 1943, and that the same was so passed and
adopted by the following vote:
AYES: Councilmen `er roW esser„. Peterson. Selby. and
_Mayor Love. ;
NOES: Councilmen None. ;
ABSENT: Councilmen _None,
(SEAL)
j.
City Clerk o ty o
El Segundo, California.
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