Resolution 0291421-0
RESOLUTION M(B. 2914
AUTHORIZING STIPULATION IN THE CASE OF UNITED STATES OF
AMERICA, PLAINTIFF, v. CERTAIN LAND IN THE CITY OF ALAMEDA,
ETC., ADOLPH CAMISA, ET AL., DEFENDANTS.
El IT RESOLVED EY THE COUNCIL OF THE CITY OF ALAMEDA. as follows;
That in. the condemnation proceedings now pending in the District Court
of the United States for the. Southprn Division. 31 the Northern District of Cali-
fornia entitled, 'Thaited Staten of America, Plaintiff, 7. Certain land in the
City of Alameda, Alameda County, California, Adoluh Gamic-a, it al-, Defendants,"
No. 22234-G, H. Albert George, City Attorney of Inc City of Alameda be, and he is
hereby, authorized and directed to execute and file in said action, on behalf of
the City of Alameda, the following stipulation:
IN THE DISTRICT COURT OF THE U.'TIED STATES
IN AND FOR THE 34 0.1) DISTRICT 01 GALLFORNIA
1( 104 DIVISION
UNTIED STAIRS OF AMERICA,
bsintiff,
)
(
v. )
)
Certain land in the City of )
Alameda, Alameda County, Cali-
fornia, ADOLPH CANISA, et at.,
Defendants,
No, 22234-0
STIPULATION' FOR FINAL 310) '1131T AS TO PORTION
OF MULBERRY STREET, RESERVING SEWER AND EASE-
MENT 14 CONNECTION THEREWITH AND ORDER DIRECT-
ING PAYMENT OF MONEY
II IS HERESY STIPULATED AND AGREED BY and between the United States of
America and. defendant, City of Alameda, tit:
The Complaint in thas acticm was filed on JuGy 7, 1943, and the Amendment
and Supplement to Complaint was filed ap..g,ust 31, 1943, and. on said last muntioned
day a Declaration of Taking wc6 filed and tho sum of ONE AtiT N0/.100 DOLLARS (*".1.00)
was deposited as estimated just compensation for the taking of that portion of
Mulberry Street included within the perimeter description in the Complaint end on
said day a Judgment on said Declaration of Takin.g was entered, decreeing that o1 .
the filing of the said. Declaration of Taking and the . depositing. of the 511M aforesaid,
title to 1215 land, sutject of this action veste3 . in 10 10 United. Statem and tho right
to just comTensatior. vested -in the person entitled thereto; and
That the portion of Mulberry Street hereinafter described, consisted of a
public street in. the City of Alameda and. has located under the surface. and along, the
certenline thereof a public sewer and. said City of Alameda warrants that at the time
of and immediately prior to tI tukinc 12 it owned.. and maintained. the portion
of said street hpreinaftem described and said. 510er for the use. end. benefit of said
City ann the general publim; and.
That it nom appears, that it is not n01"' sary or convenient for tne pur-
pose's and. uses of tne United. States of 4o 3' that said sewer be telten and con.-
damned at this time and it 1,1 the desire of the partiez hereto that the title to
said caWdr, be restored to. the person or corporation in whom said title was vested
prMor to the filing of the above mentioned Declaration and to reserve to said City
of Alameda an eauemont and right of way to maintain, repair and reconstruct a pub-
lic sewer in, through and above a strip of land ten (10) feet wide and lyang five
(5) fest Ott each side of the center line of said Mulberry Street described as
fpllowsl
Beginning at s point on the Southern line of Clement
Avenue, distant thereon 420 feet Easterly from. the inter-
section thereof -with the Eastern linm of Willow Street;
running thence Easterly along the amid line of Clement
Avenue (or the produbtion thereof) 60 feet; 'thence at
right angles Southerly
30) feet; thence at right angles
Westerly 60 feet; Miasma at right angles Northerly 300
feet to the point of beginning.
Being a portion. of nRolherry Street", as said. street
is
11 wn on the Mon entitapd, "Resubdivision of Blocks 15,
16 and 17 North of Buena Vista Avenue and East of Willow
Etreet in the City of Alameda Alameda County Gal.",
filed May 26, 1888 in Book. 10 of Maps, page 22 in. the
office. of the County Recorder of Alameda County.
Defendant acknowledges that it 015 boon. served with n gohy of the Com-
slaimat, Sammons, A,i and. Supplement to Complaint and Judgmuni on Declaration.
of Taking and agrees to accopt the sEm of ONE ADD 1. /1J3 DOLLARS 01.00) as full,
adecreate and just compensatian for any and all interest which said CEty has to the
above described. portion of Mulberry Street, excluding from said. taking said sewer
end reservlug to said. City the aforementioned easement;
That the Court is authorized. and .petitloned. to enter without further
notice .a Fin apt decreeing Miat all right, title and interest of the City
of Alnonda in said portion, above described eliminating from said taking the
sower located. therela and reserving to said City an easement and right of way to
maintain, repair and reconstruct said sewer, is taken and condemned as authorized
by law, and a.diudging that the sum of ONE AND 0 O/100 DOLLARS 01.00), is full,
adequate and just compensation for the taking thereof,
A copy cf a resolution of the City Coumhil of the City of Alameda,
autherizIng the execution of this Stipulation is hereto attached and made a part
hereof.
En WITNESS WHEREOF, the parties have hereunto set their hands this
day of , 1943.
UNITED STATES CF AMERICA
By
MI4EdE1E 110.1iNuEN
Special Assistant to
The Attorney General.
Attorney for Fa. in tiff
CITY OF ALAIVaDA a municipal corporation
By
h. AL,ELtE. .4E0h*Et,
City Attorney of Alemsda
I, the undersigned, hereby certify that the foregoing Resolhtion was
duly and regularly introduced and adopted by the Council of the City cf Alameda
in regular meeting assembled on the 7th day of September, 1943, by the renewing
vote, to wit:
AYES: Councilmen Branscheid, Howe, Jones, Osborn and President
Godfrey, (.5).
NOES: None,
ABSENT: None,
IN WITNES WHERHCF, T have hereunto set Ny and and affixed the offi-.
cieil seal of said City this Eth day of September, 19CO.
(SEAL)
POREMF 3. BEATIE
City Clerk of the City cf Alameda
* * * * * * - * *
hereby certify that tne foregoing is a fun, tree and correct copy of
esolution No, 2914, AUTHORIZINC, STIPULATION 22 THE CASE OF UNITED STATES OE
AMERICA, PLAINTIFF, v. CERTAIN LAND IN THE CITY OF ALAMEDA, ETC., ADOLPH CAMISA,
ET AL., DEFENDANTS," introduced and adopted by the Council on the 7th day of
September, 1943.
nn
4/1 B'eB4
City Clerk of the City of Alamnda