HomeMy WebLinkAbout465 - Condemning Rights of Way for Pipe Lines Etc• 1
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RESOLUTION NO. YF 46
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF NEWPORT BEACH, ABANDONING ALL PRO-
CEEDINGS TAKEN UNDER ORDINANCE NO.
OF SAID CITY OF NEWPORT BEACH, AND AUTHOR-
IZING AND DIRECTING THE CITY ATTORNEY OF
SAID CITY OF NEWPORT BEACH TO DISMISS CER-
TAIN CONDEMNATION PROCEEDINGS TAKEN UNDER
SAID ORDINANCE NO. AS AFORESAID,
BEING CASE NO. 13707 IN THE SUPERIOR COURT
OF THE STATE OF CALIFORNIA, IN AND FOR THE
COUNTY OF ORANGE.
WHEREAS, pursuant to Ordinance No. of the City
of Newport Beach, the City Attorney of the City of Newport Beach
was authorized and directed in the name of said city, to institute
certain condemnation actions for the purpose of condemning rights
of way for pipe lines, etc., and,
WHEREAS, action No. 13707, was instituted by the said
city of Newport Beach, a municipal corporation, as plaintiff, vs.
Los Angeles Trust and Savings Bank, a corporation, A. C. Thorpo,
et al., defendants, to condemn a right —of —way 10 feet in width
upon which to construct, repair, reconstruct and maintain a 12 inc
cast —iron force main water pipe line in which to convey water for
domestic and municipal uses, and, .
WHEREAS, summons and complaint were duly served on A. C.
Thorpe, W. H. Holmes, F. M. Notham, F. R. Harris and Hannah B.
Harris, his wife, in case No. 13707, and,
WHEREAS, prior to the hearing of said case No. 13707,
the said named parties, by indenture of deed, granted and conveyed
to the said City of Newport Beach, in consideration of the payment
to them of the sum of $3000.00, the right —of —way asked for in said
condemnation suit No. 13707, and,
• 1 WHEREAS, more than five (5) years have elapsed since
• 2 the commencement of said suit and said suit having never been set
3 for trial or prosecuted to final judgment or otherwise; and,
4 WHEREAS, it appears that said suit has been fully settled
6 by the giving of said deed as aforesaid;
6 NOW, THEREFORE, BE IT RESOLVED: That all further proceed-
7 ings under Ordinance No. , be abandoned and that the
6 city attorney be instructed and authorized to dismiss with prejudice
9 the said action of the City of Nesport Beach, a municipal corporation,
10 as plaintiff, vs. Los Angeles Trust and Savings Bank, a corporation,
11 et al., defendants, being action No. 13707, in the Superior Court
12 of the State of California, in and for the County of Orange.
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16 I hereby certify that the foregoing Resolution was duly
16 and regularly passed by the City Council of the City of Newport
17 Beach at an adjourned regular meeting thereof, held on the 16th
16 day of July, 1928, by the following vote, to —wit:
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20 AYES, TRUSTEES:/%��.
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21 �%%it� �r.+dsr+i GAR %f%G+�y�sY i�d�i�wa�✓
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23 NOES, TRUSTEES:
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ABSENT, TRUSTEES: LQ
26
.:
ATTEST: _
29 Clerk ofy/the Clty of Newport Beach
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