HomeMy WebLinkAbout3468 - Stipulations re Elizabeth Porter Wyatts
•
•
1 RESOLUTION NO.
2
3 The City Council of the City of Newport Beach does hereby
41 I resolve and order as follows.
I
5 ; Section 1. That that certain written stipulation dated
I
6 April 142 1947, in the matter of Elizabeth Porter Myatt, plaintiffs
7i, and cross - defendant, versus City of Newport Beach, defendant and
gll cross - complainant, Orange County Superior Court, No. 46423, in
g which said stipulation a form of judgment in said. action is set'•
loll forth in words and figures, and a copy of which said stipulation
llY� is attached hereto, marked Exhibit "A ", be and the sane hereby
1211 is approved.
V.
13 Section 2. That Roland Thompson, City Attorney of the City
14j) of Newport Beach, be and he is hereby authorized and directed to
15', execute on behalf of the defendant and cross - Complainant, City of
16; Newport Beach, in said action, said written stipulation and to
1711 cause a completely executed copy thereof to be filed in the
18
files of said action.
19! Adopted, signed and approved this 14th day of April, 1947.
W
21i
22!
23�
24
25 s
26
27
28
29
30 i,
31
I`
I, 9; 1 ,_ fn , City Clerk of the City
of Newport Beach,a municipal corporation of the Sixth Class, do
hereby certify that the foregoing resolution was introduced,
passed and adopted at a re;ular meeting of the City of Newport
Beach held on the 14th day of April, 19472 by the following vote,
Lo -wi
AXES:
32 I NOES:
ABSEN
I
(SEAL
0
0
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
LAW OFFICES OF
HARVEY, RIMEL & JOHNSTON
SUITE 200 RELIANCE BUILDING
310 NORTH MAIN STREET
SANTA ANA, CALIFORNIA
TELEPHONE 2244
Attorneys
Defend ftt
V > 0414~I
r s • a ji sLr' : t,
li i 1 d ,C f d x ` d' ♦-
CM -CP WIPCOT BEACH*
municipal corporation of
Sixth the fr 9::
Gros .. c d yt .a l
Vt.
Oros a -Defo idvAt.
S T.IPULATIOD
T' 18 HM=Y :1IMMLATEl by .said: between tho plralntUT and
cross- Qefeas wtv Elizabeth Pr air Wyat y by ana through her
attorneys ct record, Harvey, 11i.mal & Johnston and Wm. K. Lindsay,
and City of Newport Beacth, a municipal corporation or the Sixth
Clsasa, defendant and croso- oomplsinant, by and through ita
attorney of record aM City Attorney, Roland Thompson, as
follows:
A. That the plaintiffle - complaint in the above entitled
action shall be dismissed as to the Slati;tlous dofondanta, J6hn
EXHIBIT "All
r.
r�
U
0
n
L
0
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
LAW OFFICES OF
Harvey, H Mel & lahWan
200 RELIANCE BLDG.
SANTA ANA. CALIF.
Doe One, John Doe Taro, John Doe Company; a corporation, Richard.
Roe Company, a corporation, A. Roe and B. Roe, a oo- partnership,
and shall remain pending only against the defendant City of New-
Port Beach, a municipal corporation of the Sixth Class.
B. That a final judgment shall be forthwith Dade, signed
and entered in the above entitled action upon all of the Issues
made and presented by both the plaintiff's complaint and the
answer of defendant, City of Newport Beach, thereto, and the
oross- oomplaint of City of Newport Beach, oross-oomplainant, and
the answer of cross - defendants Elizabeth Porter Wyatt, thereto,
and that said judgment shall finally determine all of said issues
between the parties hereto, and that said final ,judgment shall 1�
in words and figures as follows:
MIN THE 9UPERICR COURT OF THE STATE OF CALIFORNIA
ELIZABETH PCRTER WYATTv
Plaintiff,
va.
CITY OF NEWPORT BEAM, a
municipal, corporation of
the Sixth Class, at ail,
CITY CIF 14MCRT BEACH, a
municipal corporation of
the Sixth Class,
Cross - Complainant,
va.
ELIZABETH PORTER WYATT,
No. 46423
i #14-TIN
"The above entitled action came on regularly for trial on
the 24th day of Uarch, 1947, before the Court sitting without a
Jury, Jack J. Rihel and Ile. K. Lindsay appearing for Harvey,
Rimel & Johnston and Wm. K. Lindsay, attorneys for plaintiff and
oross- defendant, Elizabeth Porter Myatt, and Roland Thompson., Ci'6y
0
0
0
l�
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
LAW OFFICES OF
Harvey, Rimel & bhnsbn
200 RELIANCE BLDG.
BANTA ANA. CALIF.
Y,� Y
Attorney of Newport Beach, appearing as attorney of record for
defendant and cross- oomplainant, City of Newport Beach, and the
matter having at said time been duly and regularly continued by
stipulation of all counsel in open court to Friday, April 18,
194171
at 2:00
o'clock
P.
Ea, in
Department 3 of the
above
entitled
Court, and a
minute
order
for said contibilanoe
having been duly and regularly made;
,,And a written stipulation for the making, sighing and entry
of a final judgment in this action upon all of the Issues present
by the complaint and the orose- complaint herein, and the respeo-
tive answers thereto, and setting forth the form of said final
judgment in words and figuress having been signed by the respec-
tive attorneys of record for the parties hereto, and said stipu-
lation having been approved by resolution of the City Council of
the City of Newport Beach, one of the parties hereto;
uAnd it further appearing that said written stipulation and
a certified copy of the resolution of the City Council of the
City of 'Newport Beach approving same is now on file in the files
of this action;
I" it further appearing that by the terms of said stipula-
tions the complaint in sairl action is to be disvissed as to all
the fictitious defendants, to -said John Doe One, John Doe Trso,
John Doe Company, a corporation, Richard Noe Company, a oorpora-
tion, A. Roe and H. Roo, a co- partnership, and is to remain
pending only against the defendant City of Newport Beach;
it And it further appearing that by the terns of saiil st1pulation
written findings of fact and conclusions of law are expressly
waived by all parties thereto and hereto, and that notice at,
entry of this judgment and of r1oit to appeal therefrom are also
expressly waived by all parties thereto and hereto, sad it further
appearing from said stipulation that each party thereto and. bere3ta
shall bear her and its own costs;
3.
9
0
0
1
2
3
4
5,
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
2E
2�
3(
3]
3A
LAW OFFICES OF
Nary, Mmel & )ahnoaa
200 RELIANCE SLOE
SANTA ANA, CALIF
"And it further appearing that this final judgment is in
words and figures identical with the said form of judgment set
forth in said stipulation;
"And this being the Hate and time and place to which said
matter was duly and regularly continued for trial; and the
parties being present by and through their respective attorneys
of record, ao2l. the Count being fully advised in the premises:
, . i . ! j Jo t 7{t 1 t . ' t
FOLLOWS:
"(1) That this action be and the same is hereby dismissed
as to the fictitious defendant$„ John Doe one, John Doe Two, John
Doe Company, a corporation, Richard Roe Company# a corporation,
A. Roe and B. Roe, a oo- partnership;
"(2) That plaintiff and cross - defendant, Elizabeth Porter
Wyatt$ at all times herein mentiomd was and now is the miner in
fee and entitled to the possession of all that certain real
property situated in the City of Newport Beach, County of orange,
State of California, and more particularly described as follows,
to-wit:
"All that portion of Lot 30 Section 2, Tovnship
7 South, Range 10 West, S.B.B. u 41., situated in the
City of Newport Beath, County of Orange State of
California, described as follows, to-wi ;:
"Commencing at a point in the Southwesterly
prolongation of a line thirty -five (36) feet
Southeasterly from the most Northerly corner of Lot
99, Block 22, of the "Eastside Addition to the Balboa
Traot", as shown on a nap recorded in Book 4' age
20, Misoellaneous Uaps, records of Orange Coun ,
California) and pparallel to the Northwesterly 1 ne
of said Lot 9, whiah point of beginning le one
hundred (100) feet Southwesterly fromthe Northeasterly
line of said Lot 9;
"Thence South 190 Do' Test along the aforesaid
Southwesterly prolongation one hundred two and
forty -two hundredths (102.42) feet;
"Thence South 690 69' East one hundred tbIjrW-
five (135) feet to a point in the Southwesterly
pprolongation of a line one hundred seventy (170)
teat Southeasterly from the most Northerly corner
of said Lot 9 and parallel with to Northwesterly
line of said Lot 9;
4.
L
0
1
2
3
4
5
6
7
8
9
10.
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
• 29
30
31
32
LAW OFFICES OF
Hum, W & lohnshn
200 RELIANCE BLDG.
SANTA ANA. CALIF.
0
"Thenoe North 190 50' East along the last
mentioned Southwesterly prolongation one hundred
two and eighty -six hundredths (102.86) feet to a
point one hundred ('10) feet Souuthwesterly of the
"Thence North 700 lot West along a line
Parallel with the Northeasterly line of said Lot
9 one hundred thirty -five (138) feet to the point
of beginning.
#That the claims of defendant and cross- }complainant City of
Newport Beach, and all who claim title under said City, in and
to said real property hereinabove in this numbered paragraph of
this judgment described, are without any right whatsoever, and
that said defendant and cross- complainant City of Newport Beach
has no right, title, interest, claim or estate whatsoever in or
upon said real property, or any part thereof, and that said
defendant and cross- comppiainant, and all persons claiming under
it, are hereby forever enjoined and debarred from claiming or
asserting any estate, right, title, interest in or claim or lien
upon said real property, or any part thereof.
"(3) That the defendant and cross - complainant City at New-
II port Beach at all times herein mentioned was and now is the owner
In fee and entitled to the possession of all that certain real
property situated in the City of Newport Beach, County of Orange,
State of California, and more particularly described as folloffe:
"All that certain real property situated
immediately Southwesterly of and adjoining the
above described parcel of real property described
In numbered paragraph {2} of this judgment and
lying and being between said parcel of real property
described in subdivision 2 of this judgment and the
Pacific Ocean,
"That the claims of plaintiff and oross- defendant, ip izabeth
Porter Hyatt, and all who claim title under her in an& to said
real property hereinabove in this numbered paragraph of this
Judgment described are without any right whatsoever, and that
Bald plaintiff and crass - defendant, Elizabeth Porter Wyatt, has
no right, title, interest, olalin or estate whatsoever in or upft
said real property, or any part thereof, and that said plaintiff
V•
Ll
0
11
21
3
4'
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
LAW OFFICES OF
&M, Rimel & Jolmsten
200 RELIANCE SLOG.
BANTA ANA. CALIF.
and orose- Wendent , EUXabeth Porter Wyatt, and all persona
claiming under her, are hereby enjoined and debarred from claiming
or asserting arty estate, right, title, interest in or claim or
Lien upon said real property, or any part thereof.
"(4) That each party hereto bear her and its own coats.
"Dated thla 18th day of April, 1947.
c. That written findings of fact and conclusions of law in
the above entitled, natter be and the sane are hereby valved by
all parties hereto, and that said jud.Caent in words and fiigurles
identical with the foregoing form shall be signed, filed and
entered in this action forthwith.
D. That notice of entry of such judgment, and of r34ght to
appeal therefrom, be and the sage are hereby waived by all parties
hereto.
E. That each party hereto shall bear bar and its own costs.
Dated this 14th day of April., 1947.
HARVEY, PJJML & JOTMTON and
US K. LMSAg
By
orneys of oor or PlUntiff
and cross- Defendant, Elizabeth
Porter Myatt
Attorney of Record for defendant
and cross - complainant city of
Newport Beach, a municipal
corporation of the Sixth Class.
8.
•
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF NEWPORT BEACH )
SS
I, MARGERY SCHROUDER, City Clerk of the City of Newport
Beach, California, do hereby certify that according to the records
of the City of Newport Beach filed and maintained in my office,
the foregoing Resolution No. 3468 was duly and
regularly adopted, passed, and approved by the City Council of
the City of Newport Beach, California, at a regular meeting of
said City Council held at the regular meeting place thereof, on
the 14th
vote, to wit:
day of April , 1947, by the following
AYES, COUNCILME14: Allen, Siler, Isbell, Robertson, Reed
NOES, COUNCILMEN: None
ABbliT, COUNCILMEN
R[.T�T�
Dated this 16th day of December , 1958.
a
City Clerk I and x- Officio Clerk of the
City Council, C ty of Newport Beach,
State of California.