CC RESOLUTION 1608RESOLUTION NO, 1608.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EL SEGUNDO, CALIFORNIA, AUTHORIZING JUDGMENT
BY STIPULATION INT CONDEMNATION ACTION INVOLVING
PUBLIC PARK PROPERTY IN THE VICINITY OF HOLLY
AVENUE AND EUCALYPTUS DRIVE.
WHEREAS, Resolution No. 1536 was adopted August 24,
1955, authorizing Clyde Woodworth, City Attorney and Robt. Be
Rosskopf, Special Counsel, to prepare and prosecute in the
name of the City of E1 Segundo, action for condemnation of
property for public use for public park purposes as more fully
described in said resolution; and
WHEREAS, an action was commenced by the City of E1
Segundo in the Superior Court of the State of California, in
and for the County of Los Angeles, No. Ingl. C 1168, for the
condemnation of said property; and
WHEREAS, an answer was filed in said action by Pacific
Electric Railway Company claiming ownership of said property
and claiming damages in the total sum of $63,614.00; and
WHEREAS, answer was filed therein by Standard Oil
Company of California claiming ownership of said property and
claiming damages in the sum of $60,000.00; and
WHEREAS, certain city officials have conferred with
certain officials of said Pacific Electric Railway Company and
said Standard Oil Company of California; and the attorneys for
the respective parties in said action have carried on negotiations
and have reached a settlement subject to the approval of the
City Council and the Boards of Directors of said defendants
under the terms of which settlement the City would acquire for
public park purposes that portion of said real property lying
above a depth of 300 feet measured vertically from the surface
thereof; and would pay in full for damages the sum of
$33,000.00, which would all be paid to Pacific Electric Railway
Company; and title to that portion of said real property lying
below a depth of 300 feet measured vertically from the surface
thereof, without any rights to the use of the portion of said
property above said depth of 300 feet, would be confirmed in
Standard Oil Company of California; and
WHEREAS, Robt. E. Rosskopf, Special Counsel for the
City, and Auten F. Bush, City Attorney, recommend the approval
of such compromise,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL
SEGUNDO, CALIFORNIA, DOES HEREBY RESOLVE AND DETERMINE AS
FOLLOWS:
SECTION 1. That it is in the best interests of the
City of E1 Segundo and in the public interest that that certain
action now pending in the Superior Court of the State of California
in and for the County of Los Angeles entitled, "City of E1
Segundo, a Municipal corporation, Plaintiff, v. Pacific Electric
Railway Company, a corporation, et al., Defendants, No. Ingl. C
1168," be compromised by the entry of a stipulated judgment; and
the City Attorney and Robt. E. Rosskopf, Special Counsel, are
hereby authorized and directed to execute on behalf of the City
of E1 Segundo a Stipulation for Judgment which shall provide
that Interlocutory Decree of Condemnation shall be rendered in
said action, which decree shall provide:
1. That the public interest and necessity require
the acquisition by plaintiff for public use for park
purposes of the fee title of that portion of the real
property described in paragraph III of plaintiff's
complaint lying above a depth of 300 feet measured
vertically from the surface thereof.
2. That the sum of $33,000.00 shall be paid into
court by the plaintiff within thirty days from the
entry of said judgment, which sum shall be as full com-
pensation for the condemnation of said portion of said
real property above described and of all damages in
connection therewith.
3. That the full amount of said compensation shall
be paid by the Clerk of this Court to Pacific Electric
Railway Company, a corporation.
4. That upon the payment into court by plaintiff
of said sum of $33,000.00, a Final Decree of Condemnation
shall be entered which shall provide:
(a) That the fee title of that portion of the
real property described in paragraph III of
plaintiffts complaint lying above a depth of
300 feet measured vertically from the surface
thereof shall be condemned to plaintiff for pub-
lic use for public park purposes.
(b) That Standard Oil Company of California, a
corporation, is the owner of the fee title to
that portion of the real property described in
paragraph III of plaintiff's complaint lying below
a depth of 300 feet measured vertically from the
surface thereof; and without any rights to the
use of that portion of said real property lying
above a depth of 300 feet measured vertically
from the surface thereof.
(c) That Pacific Electric Railway Company, a
corporation shall have no right, title, interest,
lien or estate in or to any portion of the said
real property described in paragraph III of
plaintiff's complaint and shall be forever
barred and estopped from asserting any right,
title, interest, lien or estate therein.
5. That neither party shall recover any costs
in this proceeding.
SECCTION 2. Upon the filing of said stipulation for
judgment and the entry of Interlocutory Decree of Condemnation
Robt. E. Rosskopf, as Special Counsel for the City of El Segundo,
shall advise the City of E1 Segundo of the entry of such decree,
whereupon a warrant in the sum of $33,000.00, payable to the
Clerk of the Superior Court, shall be issued and forwarded to
said Robt. E. Rosskopf for delivery to the Clerk of said court
in accordance with the terms of said Decree.
SECTION 3. The City Attorney and said Robt. E. Rosskopf,
Special Counsel, are authorized and directed to perform all acts
and to prepare and file all necessary documents and instruments
to effectuate the settlement as herein authorized.
SECTION 4. The City Clerk is instructed to certify
a copy of this resolution and to forward the same to Robt. E.
Rosskopf, Esq., at 8721 Sunset Boulevard, Los Angeles 46, Cali-
fornia.
SECTION 5. That the City Clerk shall certify to the
passage and adoption of this resolution; shall enter the same in
the book of original 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.
Passed, approved and adopted this 14th day of May
1956.
ATTEST:
City Clerk
(Seal)
Mayor of the City W El Segundo,
Californ
STATE OF CALIFORNIA )
COUNTY OF IDS ANGELES)
CITY OF EL SEGUNDO ) ss
I, Neva M. Elsey 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. 1608 , 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 14th
day of May , 1956, and that the same was so
passed and adopted by the following vote:
Councilmen
AYES: Baker, Frederick. Meschuk and Mayor Benfield:
NOES: Councilmen None;
ABSENT: Councilman Gordon.
WITNESS my hand and the official seal of said City
this 14th day of Mat , 1956.
y�' .
City Clerk of the C ty of
E1 Segundo