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<br />. , <br /> <br />~'. <br />"( '<t 1 <br /> <br />A-2006-266 <br /> <br />,,~cP- <br />(;J.f~ <br /> <br />SETTLEMENT AGREEMENT <br /> <br />This Settlement Agreement is entered into as of September _, 2006, by and <br />between the City of Santa Ana ("CITY"), on the one hand, and Shien Nan Wong, Hui <br />Jung Weng, and Taqueria Tapatia, Inc., a California corporation ("TAQUERlA <br />TAPATIA"), on the other. Shien Nan Wong and Hui Jung Weng will be collectively <br />referred to herein as the "WONGS." The CITY, the WONGS, and TAQUERlA <br />TAPATIA are sometimes collectively referred to herein as the "PARTIES." <br /> <br />RECITALS <br /> <br />A. On April 16, 2006, the CITY filed an eminent domain proceeding <br />seeking to take, in fee, portions of four parcels of real property owned by the <br />~. <br />WONGSand the WONG's family owned and operated restaurant T AQUIERlA <br />TAPATIA for the CITY's Bristol Street Widening project between Pine Street and <br />Third Street (the "ACTION"). <br /> <br />B. Previous to the CITY instituting the ACTION, the WONGS objected <br />in writing to the CITY's adoption of the resolution of necessity, asserting that the <br />CITY did not have the right to take the WONGS' property by eminent domain. <br /> <br />C. On May 25, 2006, in the ACTION, the CITY obtained an "Order of <br />Possession." To take possession of the property on September 1,2006. The <br />WONGS contend that the CITY has failed to satisfY the statutory prerequisites for <br />the Order of Possession and, if the matter is not settled, would assert a challenge in <br />the ACTION against the Order of Possession. <br /> <br />D. On June 6, 2006, the WONGS and TAQUERlA TAPATIA each <br />answered the CITY's complaint in the ACTION, claiming compensation for items <br />related to the taking and asserted their objection to the CITY's right to take. <br /> <br />1 <br />