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HomeMy WebLinkAboutCC RESO 4392RESOLUTION NO. 4392 BE IT RESOLVED by the City Council of the City of National City pay to EDWIN A. MTJELLER the sum of $2,000.00 contract price, plus $100,00 per day in court for eleven days, plus $150.00 for expenses, for his services as an appraiser in the tidelands case, United States vs National City et al, and the State court action, National City vs Tavares Construction Company et al. PASSED AND ADOPTED by the City Council of the City of National City, California, this 20th day of May , 19..47., by the following vote, to -wit: AYES: Councilmen.---li ama,---C.r�rd1ng1----tde barr . .Thatcher -,---Fritz NAYS: Councilmen None ABSENT• ATTEST - None I hereby approve the foregoing of the City of Natio al Ci . alifornia. Resolution 1 this 20th day of May 19 47 Mayor of the City of Natio al C';'California. I hereby certify that the above and foregoing is a full and true copy of Resolution 1 No Ordinance f of the Resolutions of the City of National City, California, as adopted by the City Council of said Ordinances f City, and approved by the Mayor of said City, on the day of 19 City Clerk of the City of National City, California. Deputy 3 a ) Lh 0 �� tr,,�sl - -' EDWIN A. MUELLER STATE INHERITANCE TAX APPRAISER 1208 SAN DIEGO TRUST & SAVINGS BUILDING SAN DIEGO 1, CALIFORNIA May 5, 1947 CITY OF NATIONAL CITY, California To Edwin A. Mueller, Dr. To Services as Appraiser Preliminary Report united States vs. National City Presented October 24, 1945, covering; Parcel No. 1 :r rr 2 rt II 3 it II 5 1r r1 6 2t It 7 tt if 8 Area. A, Parcel No. 214 October 13, 14, 1946 Preparation and Testimony City of National City vs. Tavares Construction Co. 1946 and 1947 Preparation and Conferences with Phil Swing and Navy Officials relative to additional takings by U. S. Navy October 1945 and October 1946 4150.00 Cash paid E.J.P. Davis, San Diego Harbor Department for preparation of Maps and Charts of City of San Diego Tide Land Leases. January and February, 1947 Conferences with National City Appraisers, Counsel, preparation and testimony at trial - United States vs. National City Total Services and Disbursements to date 4100000.00 EDWIN A. MUELLER STATE INHERITANCE TAX APPRAISER 1208 SAN DIEGO TRUST & SAVINGS BUILDING SAN DIEGO I. CALIFORNIA May 2, 1947 Campbell & Campbell Attorneys at Law 400 National Avenue National City, California Re: United States vs. National City Tide Lands Suit Gentlemen: I enclose statement of Hotchkiss and Ane- walt for their services in testifying in the above suit. I would appreciate it if you would present these statements to the City Council on behalf of these gentlemen: in order that they may receive payment for their services. I also enclose statement for my services which I will appreciate having you present to the City Council. hill you also be kind enough to advise the City Council that I would be very happy to appear at any meeting, should there be any question about my statement. Thanking you for the cooperation you have given me heretofore in the preparation and trial of the above case, I am Very trul ' ours, .win Mueller LAM:ed :Enclosures LEROY A.WRIGHT (1863-19441 GERALD C. THOMAS VROMAN J.DORMAN CHARLES FOX, JR. LEROY A.WRIGHT. II WRIGHT,THOMAS, DORMAN & Fox ATTORNEYS AT LAW SOUTHERN TITLE BUILDING SAN DIEGO I,CALIFORNIA May 20, 1947 Common Council City of National City Gentlemen: In connection with the recent condemnation suit in the Federal District Court, wherein the sum of 0000000.00 was awarded to the City of National City for property con- demned by the U. S. Government, we understand that Mr. Edwin A. Mueller was employed as an expert witness in this matter. We are somewhat familiar with the proceedings and the difficulties in connection with evolving a theory of the case to establish a market value to be ascribed to the tide- lands property condemned by the U. S. Government. We under- stand Mr. Mueller spent several months in his research and survey of the problem, and the theory developed by him and his testimony as an expert witness in the City of National City's behalf contributed immeasurably to the award made by the jury. A successful prosecution of an eminent domain pro- ceeding is generally dependent upon the ability of the ap- praiser. In our opinion, Mr. Mueller is an outstanding appraiser and expert witness in matters of this kind. We have handled a number of eminent domain proceedings and have always found Mr. Mueller's charges for his services to be eminently fair and his services very satisfactory. The statement for services which he has rendered in the slum of 10,000.00, we feel i_s very reasonable under the circumstances, and particularly in view of the excellent award obtained. We feel that the City was indeed fortunate to have the ser- vices of Mx. Mueller, and that his statement for services is very reasonable and modest under the circumstances. Very truly yours, VJD:mes EDGAR A.LUCE CHAS.H, FORWARD ALBERT J. LEE FRED KUNZEL F. TUDOR SCRIPPS,JR. HERBERT KUNZEL JACK L.OATMAN MICHAEL IBS GONZALEZ DON P. FOGARTY JAMES L.FOCHT, JR. BROOKS F. CRABTREE City Council National City California Gentlemen: LAW OFFICES LUCE, FORWARD, LEE & KUNZEL SUITE 1220 SAN DIEGO TRUST & SAVINGS BUILDING SAN DIEGO I, CALIFORNIA May 20, 1947 LA JOLLA OFFICE 930 SILVERADO PHONE GLENCOVE 5-2145 F TUDOR SCRIPPS,JR. I am writing this letter in support of the claim of Mr. Edwin A. Mueller for his fees as appraiser in the action brought by the Federal Govern- ment against the City of National City, to condemn certain tidelands. Please do not consider this letter as any attempt to present any unwelcome advice to you. In the interest of justice, it seems appropriate to give you the benefit of some experience in these matters. Mr. Edwin A. Mueller has been an Inheritance Tax Appraiser in San Diego County for a great many years, and during that time has also acted as an appraiser in various matters, and particularly, litigation before the Federal and State courts in this city. I have had occa- sion to observe his work in cases with which I have been associated and also am very familiar with his general reputation and standing in this city amongst Bench and Bar. Yr. Mueller is an unusually able appraiser and his testimony in Federal and State courts has been always ably and fairly presented, and has had great weight with both juries and judges. In a condemnation suit particularly, success of the litigation depends very greatly upon the ability of the appraiser to prepare his case well for trial and to present his opinion with adequate support. It appears to me, from what I have been able to learn from the pre- paration of this case, that Mr. Mueller did an outstanding job. Considering that he started in 1944 and investigated innumerable sales of real estate and tideland leases, and presented a very voluminous report on the question of City Counsel, National City May 20, 1947 Page #2 value; and further considering the satisfactory result of the litigation and the amount of money involved, I would say that 610,000 is a reasonable fee for his services. EAL : an ' I -fib' Z