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RESOLUTION NO. ~5-179 AUTHORIZING TERMS OF A SETTLEMENT WITH MR. AND MRS. DAVID J. KELLER ON EAST FIRST STREET WIDENING, CASE NO. 64886 WHEREAS, heretofore, the City filed an action in Eminent Domain in the Superior Court of California, in a~d for the County of Orange, Case No. 64886, in which Mr. and Mrs. DAVID J. KELLER were parties defendant as the record owners, subjects to liens, of Parcel 2, described in the Complaint in said action and reference is hereby made to said Complaint for a detailed description of said property and for other details; which said Gomplaint seeks to con- demn fee title to all of said Parcel 2; and WHEREAS, the City needs only an easement over the Northerly 17 feet of said Parcel 2 for street purposes and agreement has been reached with said Defendants as to settlement of said litigation; NOW, THEREFORE, BE IT RESOLVED: That the City Council hereby authorizes and directs the City Attorney to enter into a Stipulation for a Judgment with said Defendants as follows: (A) That the City agrees to the rendition of a judgment in favor of said Defendants in amount of $9500.00. (B) That Defendants agree to the rendition of a Judgment awarding to the City an easement over the Northerly 17 feet of said property for all the purposes of a public street and providing that Defendants will, without delay, remove the hoist and the gasoline pumps from said easement, will remove the building from said ease- ment within sixty days and whic~ said judgment shall provide that no buildings or structure, or any part thereof, shall be built, moved onto or located on said property within 30 feet of the sur- veyed center line of Lyon Street. BE IT FURTHER RESOLVED: That in event it appears that undue delay may result from the use of a Stipulation for judgment, the proper authorities are authorized to enter into escrow instructions