Resolution No. 1747
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RESOLUTION NO. 1747
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON REGARDING THE RELOCATION OF BANDINI BOULE-
VARD IN THE CITY OF VERNON, AGREEING TO THE ENTRY
OF JUDGMENT IN THE CASE ENTITLED U.S.A. vs. CERTAIN
PARCELS OF LAND, ET At., NO. 1064-HW CIVIL, IN THE
UN ITED STATES DISTRICT COURT, AUTHORIZING SPECIAL
COUNSEL FOR THE CITY TO EXECUTE THE STIPULATION
FOR JUDill'lENT IN SAID CASE, AUTHORIZING THE MAYOR
OF THE CITY OF VERNON TO SIGN QUIT-CLAD'! DEED AND
TO SIGN AGREEMENT WITH SANTA FE RAILROAD.
WHEREAS, the United States of America has heretofore filed
an action in the United States District Court, Southern District
of California, Central Division, entitled United States of
America, Plaintiff, VB. Certain Parcels of Land in the County
of Los Angeles, State of California; City of Vernon, et al, Defen-
dants, and numbered 1064-HW Civil, in which certain real property
and lands described in the complaint in said action and lying
wi thin the City of Vernon were to be condemned and acquired by
the United States for the use and purpose of constructing and
realigning the Los Angeles River channel between Downey Road and
Randolph Street in the City of Vernon, and in relocating a por-
tion of a spur track belonging to the Atchison, Topeka and Santa Fe
Railway Company, one of the defendants in the aforementioned action;
and
W'HEREAS, said portion of the Los Angeles River channel has
been realigned and cons tructed, and said spur track has been
relocated; and
WHEREAS, it was necessary in the relocation of said track
that Bandini Boulevard be relocated to the north to include with-
in its borderlines the surfaces of parcels of land described in
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the complaint filed in the aforementione d court, and which are
described as Parcels 1161 and 1162; and
WHEREAS, the relocation of Bandini Boulevard has been com-
pleted and reconstructed to the satisfaction of the City of
Vernon; and
WHEREAS, there is attached to this Resolution a Stipula-
tion for Judgment along with certain maps and exhibits attached
thereto and all marked Exhibit "A'l hereto, which more fully
explain the certain transactions taken and to be taken in the
aforementioned action, and therefore said Stipulation for Judg-
ment, together with its attached maps and exhibits, should be
made a part of this Resolution and attached hereto; and
WHEREAS, the City of Vernon was vested with an easement
for street purposes over that portion of Bandini Boulevard prior
to its relocation as described in said maps and exhibits, and
is entitled to an easement for street purposes over that portion
of Bandini Boulevard as relocated; and
WHEREAS, the Stipulation for Judgment and the conveyances
recited therein were designed to return to the City of Vernon
the equivalent of that which is to be taken by the United States
by the condemnation judgment to be entered in said action num-
bered 1064-HW Civil; and
WHEREAS, the conveyance of an easement for street purposes
to be granted by The Atchison, Topeka and Santa Fe Railroad Com-
pany to the City of Vernon described in said Stipulation for
Judgment as "Exhibit F" reserves and excepts to Santa Fe more
than the reservations and exceptions contained in the original
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grant of easement to the City of Vernon by Arcadia, Bandini
Baker Estate Company, Santa Fe's predecessor in interest; and
WHEREAS, Santa Fe has agreed to a modification of said
grant of easement wherein and whereby the reservations and
exceptions to said easement will conform to the reservations
and exceptions as contained in the aforesaid original grant of
easement, and
WHEREAS, the United States and the other parties to the
litigation are desirous of terminating the said litigation as
soon as possible, and to now change the form of said easement
described in "Exhibit F" to said Stipulation for Judgment would
unduly prolong and delay the termination of said litigation, and
WHEREAS, the Santa Fe has proposed that instead of attempting
to change the wording of said "Exhibit Fit in said Stipulation,
the City of Vernon proceed to ,sign and execute the Stipulation
for Judgm:mt as now written and that the City of Vernon and Santa
Fe agree that, upon the entry of the Judgment in said action,
the City of Vernon will remise, release and quit-claim to Santa
Fe the said easement as described as "Exhibit F" in said Stipu-
lation for Judgment and concurrently therewith, Santa Fe will
deliver to City of Vernon a good and sufficient deed of easement
for street purposes over that portion of Bandini Boulevard des-
cribed in said IlExhibit F" in the words and figures as contained
in the document attached hereto, made a part hereof and marked
"Exhibit B"; and
WHEREAS, it is proposed that prior to the entry of said
Judgment, the City of Vernon and Santa Fe execute an agreement
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to the above effect, the said proposed agreement being attached
hereto, made a part hereof and marked "Exhibi t C"; and
WHEREAS, said Stipulation for Judgment, the maps and exhibits
attached thereto, the Judgment when entered, the aforesaid pro-
posed agreement, quit-claim deed and new easement will settle the
matter of the relocation of Bandini Boulevard without damage to
the City of Vernon, and said documents when executed and/or
entered will be in the best interests of the City; and
WHEREAS, Edward R. Young and John W. Shenk, III, have been
acting as Special Counsel of the City of Vernon in the aforemen-
tioned action along with the City Attorney of the City of Vernon.
NOW, THEREFORE, BE IT RESOLVED:
1. That the City of Vernon agrees to and accepts the pro-
posed Stipulation for Judgment in the case of United States of
America vs. Certain Parcels of Land, etc., et al., No. 1064-HW
Civil, in the United States District Court, Southern District of
California, Central Division, ;nd the proposal of The Atchison,
Topeka. and Santa Fe Railroad COJlilany, as above set forth.
2. That the City of Vemon, in executing said Stipulation,
authorizes its voluntary appearance in the said action, waives
service of process, notice of setting for trial, trial and right
of trial or hearing on the issues, the making, service and filing
of findings of fact and conclusions of law and notice of entry
of judgment; waives compensation other than the grants to be
made to it of easements for street purposes over, along and
across Bandini Boulevard, as relocated and agrees that such grants
shall be full, just and complete compensation for the property
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taken by the United States as designated and described in the
Maps and Exhibits attached to said Stipulation for Judgment.
3. That the City Attorney and Edward R. Young and John W.
Shenk, III, as Special Counsel for the City of Vernon, are here-
by authorized to sign and execute said Stipulation for Judgment
for and on behalf of the City of Vernon, when they have in their
hands the agreement known as "Exhibit C", hereto attached, duly
executed by said Atchison, Topeka and Santa Fe Railroad Company.
4. That said Stipulation for Judgment and t:re documents,
maps and exhibits attached thereto, all of which are attached
to this Resolution, are included herein and made a part hereof
as if set forth at length.
5. That the Mayor of the City of Vernon be and he is here-
by authorized to sign and execute for the City of Vernon, the
agreement wi. th Santa Fe, as set forth in IlExhibit CIl attached
hereto.
6. That the Mayor of the City of Vernon be, and he is,
hereby empowered and a uthorized to sign and execute a quit-claim
deed of the easement as set forth in "Exhibit Fit of "Exhibit A"
attached hereto.
PASSED AND ADOPTED at a regular meeting of the City Council
of the City of Vernon this ~ day of April, 1954.
(Signed) R. J. Furlong
Mayor of the City of Vernon
Attest:
(Signed) G. A. Anderson
City Clerk
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