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Resolution 02733HESCLSEIGE NO. 2733 ASIFORTZTED CITY ATTORNEY TA FILE STIFULATIGN IN 'EMINENT DOMAIlf ACTION THSTITUTEE BY TVA UNITED STATES Cu AMERICA, WHEREAS, the Utited States of America hat instituted proceedings in the District Court of the United States in and for the Southern Dimtsion. of the Northnrn District of California, entitled. 0 "d States of Antrica, Plaintiff, vs. Certain. Parcels of Land in tho City of Alameda, County of Alamedo, State of California; LA Gsleriolo, et al., Defendants", numbered 218463, to condemn certain parcels of land in thn City of Alameda, end more particularly described. in the declaration of taking, the complaint and judgment on file in said action, and WEILRIAMS the City of Alannda has heretofore filed its anawor in. the above entitled action. wherein it sets forth the City's interest in the parcel described as "Streets" in. the complaint and. declaration. of taking in said action and prays that the public streets therein anscribed be reserved. to the City. of Alamda; and WEEREAS, heretofore and after the filing of said answer the public streets described 3 said complaint and deblaration were duly closed and abandoned by thls Council, saving and excepting that portion of Second Street lying hetweAn the eastern projection of the southern line of lot 20, '1 block 18, and. the northerly line of Pacific Avenue, us said street, ayanue, lot and block are shown on the "New Map of Woodstock", filed May 8, 1878, in Map Book 6, Dago 18, in the office of the County Recorder of 1313 011111; and WHEREAS, the portions of said. streets so closed and abandoned are no longer 1100' or useful as publit streets and. it is therefore nper that thb "'13' wdthdraw its objections to the taking thereof by the Government; and WHEREAS, at the timb of the filing of the declaration of taking in said action the City of Alameda maintbined and now maintains, a public sewer in that portion of Second Street to be condemned. in 1313 actinn, which. SeWer and the par- cel of land witbdn which 1, samb lies is more particularly dbscribed as follows: A strip or par('el. of land ten (10) feet wide situated. in the City of Alameda, County of Alaneda, State of California, and lying entally on each side of the following described center litn: Beginning at the point of intersection of the center line of Second Street with. the southern line of Brash Street pro- duced across said Second. Street; thence southerly along said center line of Second Street to the easterly projection of the southern line of Lot 20, in Block 18, as said street, lot and block are shown on the "New Map of Woodstock", filed May 8, 1878, in Map Book 6, Page 18, in thb office of the County Recorder of Alameda County; and WHEREAS, at tne time of the filims of the declaration of taking in said action the City of Alameda maintained a. public sewer, over and along the parcel of land described in said complaint and. the declaration of taking as "Parcel which sewer and. the parcel of land within which the sane lies are more particu- larly described in Paragraph II, Pase 5, of said antwor of the City of Alameda: NOW THEREFORE, BE IT REECINED 27 THE COUNCIL OF THE CITY OF (''3 "0 thbt H. Albert George, as City Attorney of the City of Alameda, be, and he i8 hereby authorized and directed to exenute, for and on benslf of lane City 30 Alameda and with the plaintiff in said action, and to file in the above entitled action, a stipulation cr stipulations authorizing and petitioning the said. court to incorporate ill the final. judgemtn to be rennbred in said action appropriate provisions providing i, . effect aa follows: (1) Eliminating from said taking aaid portion. of Second Strbet between the eastern projection of the southern line of Lot 20, in Binck 18, and 10. nor- therly line of Pacific Avenue- (2) Decreeing that all rislit, title and interest of the City of Alameda in the remainder in said parcel designated. us "Streets" in the complaint is taken and condemned as authorized by law, but excepting from and reserving in. said parcel, however, the easement for ;public sewer purposes in Second Street hereinafter re- ferred to (3), "3' '3'i'" to the City of Alameda 31 easement for the construction, reconstruction, repair and maintenance. of hhe existing public sewer for drainage and sanitary purposes along the center line of Second Street, as more particularly ':iced in the preamble herein. (4) Adjudging that the sun. of t1.00 is just and ,6 31( compensation. for the taking of the city's right, title and interest in and to said parcel 21 designatta as. "Streets". (5) Reserving to the lit of Alameda an easement for the construction, reconstruction, repair and maintenance of the evdeting public sewer for drainage end sanitary purposes along the strip of land lying within the boundaries of aaid Parcel No. 19, as more particularly described in ParagTaph II, Page 5, of the answer of defendant City ofhAlameds on. file Ph said action. (6) Any further and appropriate stipulation to the effect that any judgment rendered in the above entitled action shall contain provisions for thm payment to the City of Alameda of the amount of tine City's lien for taxeh and penalties assessed against Phrcels Nos. 2, 3, 4, 16 and 19, as sat fortt in Paragraph II, Page 8, of the answer of thm dmfendant City of Alarmda. I, thm undersIgned, Mareby certify that the forego:Meg Emsolution was duly and regularly:introduced ed adoted by thm Council of the City of Alameda in regular meeting assembled on atm 7th day of April, 1.94.2m by the following vote, to wit: AYES: Councilmen Branscheid, Howe, Janes, Meurer and President Cmdfrey, (I). NOEL: Hone. A(.38F27: NMne. IN WITNESS WHKREOF, I have hereunto sot My hand and affixed the. offim cial seal of said •City this 8th day of April, 1942. (SEAL) * * * * * * * * * she City of Ada.F57:77- . I hereby certify that tMm foregoing is a full, true and correct copy of xilesolatimn EM. 2733, AUTNOPTZIEG CITY AIMNUTEIT TO PILE. SPIPULATIPU IN EMINENT DOMAIN (.3TIC61 INSTITUTED BY THE UNITED STATES OF AMERICA,' introduced and adopted by the Council on the 7th. Lay of April, 1942. tie 622 <se CT y Cxers Ls tae city of Alameda.