Resolution 03049ISPSOLUT1ON bd. 3049
AUTHORIZING- ILE EXECUTIVAI EF STIPULATES:II AND HILEHBEITIRH
IN 3.82.11defev DOMAIN' PROGIEHUSPlE ItETITUTED BY THE UNITED
emhste og icaelics4
Es Es
BF IT RECOLVED FE THE COUNCIL CF THE CITY 018 ALABEDA as follows:
That H. Albert dporge, City Attorney of the City of Alempda, is hbreby
authorized and directed to execute ano. file a stipulation and. disclaimer; on be-
half of said City, in that serteAn action. now pending in. the District Court of
the UsEted. States in. and for the Northern Dlatrict of SeAtfornie; So.:biter:it Divi-
sion; entitled. 'Whiheed States of America, Plaintiff, vs. Certain lend En thb City
of AFL:made, Cotnty oT Alameda,. State of California, Alameda. Belt bine Railway,
Defendente", No. 22467-R„ which. stipulation and. disclaimer shall be sub--
a:Hindi:ally eh foilkws.
CTIPUPEETTE AHD DISCIANICN
IT IL HBLEFT STABEEFED oetween fhb United. Ststes ef America, FlaittiTf,
anE City of Alame8a, Dabmadent, that:
oPEME.4.28, the fee sinnabe title to thb real property' described. in. the
Judo:lent en Declaration of ofetimg in tat above entitled.. action ettered. on. fhb
28th. day of' january, 1943, wab and is by said Tudhummut decreed. to be vested in
tide United States, Rubjedt to eh easexamt foe ar. electric power tranomissibn line
and subjeht also to an easement for water lines as shown on Scheduik B attached
to the Declerafihn of Taking filed. January 28, 1.94.3; and.
WHEICEPS, at the time of the ftbing of the darnilhint anE. becjmuLPtion of
Taking and the said Judgment on the Deblaration of Taking heTein; said hm1Nuulant
Yes the owner in fee simple title of buena Vista Avenue; ibeeted. within. fhb prover-
ty dbscribed in the aforementioned T.W.:§aent and was the owner of an. easemenE for
public street purposes in. and over that part of the Wert one half of Fifth Street,
extended nbrtherlw to the southerly line of Buena Vista evenuom located wdthid the
13 land. dercribed. in. the atierenentiened Judgmeht and. was the owner of certain sewer
linb and electric line easements over the property. ebscrilmAl in. the aforemengioned
JUdgmbut, and.
WEEPERS; it is the desire of the parties hereto that that part of Buena
Vista. Avenhe and the easement for publib street purposes in snd. over the West one
half of Fifth Street extended northerly to the southerly. line of heent Viata. Ave-
nue and fhb sewer line and. elektric line easements of the Defendent as they now
exist, within the property deecribed Ln. the aforementioned jelgsient, be excluded
from the condemnation. and taking in the abov entitled action, and that said
Buena Vista Avenue and. the Defendant's said. esrembnt ovhr the West one half of
EIfth. Street extended and the Defendant's electric line anti sewer eesembefo shall
be made and remaih the property of the DefenRent City of Xiamede, unaffected by
this proceeding, and that the Defendant City' of Albmeda shall disclaim. as to ell
other interests in the said real property subject of this action,
NOW, TRIFSET-097„ the Attorney General on. Behal of the United. States of
America, Faintiff, bursuamt to the nuntbrity 13 erted. in. hdm by the probisions of
Title 40, Section 258F of the 'United Stetee Code (56 Stets. at Large, Chbpter
approved October 21, 1942, hbreby stipplates and. agbees to exclude the
aforementioned area of hbene Vista Avenue:. the Dbfentiantia said easement oybr
hue West one half of 13-1 Street extehided nbrhterly to the southerly line of
buena Vista Aw9mmle, and. the existing seweT line and. electric iire easements from
tte property toReen by thb Dbelaration of Taking filed herein slid the JudgAbsit on
Deblaration of Taking herein, and.
Tr,
IS EURTHLR STIPULATED AND AGREED that a J....Ement shall be entered
herein. which. shall contain a provision that insofar as thb judgment on the De -
cieration of Taking herein. decreed. or had the affect of eadjudgIng thet thd title
to the said area of 'Beene Vista Avenue, thh defendant's easement- for public street
phrvbses over the 4est one half of Street extended. and the electric line an1 .
sewer easements heretofore. referred to or any part thereof are vested in. the
United States of America, Plaintiff, tha said Judgment on Dbcieration. of Taking
shall be anE is vacated and set aside, and
IT IS FURTHER. AGRKED teat said City of Alameda does heTeby disclaim all
right, title and interest in. and to the said. real property. described in the Judg-
ment on Declaration. of Taking 3. 11 than. the Attie to the anMunduitioned Buena
Vista. Avenue; the sesame:ft aire2 the West one half of Fifth Street extended the
electric line and sewer easements, and the easement for an electric power trans-
mission. lire, and thh casement for MAOT linbs (the laftee tsb easements are
showe on Schedule B attached to the 'Declaration. of Taking filed January 28; 1943),
and said City' of Alameda hereby disclaims aid. interest in any commmumeatlon to be
avxnabhi for so takin3 t3 e said real property.
A certified copy of a Resolution. of the City Council of Alameda,
aurhorfzing the filing of this Stipulation and. DIsclaimer, is attached. hereto.
****t*t t
I, thc undersigned, hereby certify.. that the foregoing Resolution was
duly and regularly introduced anh. adopted by. the CouncJU. of the City of Alaneda
in regular meeting assembled on the 9rd day of October, 1944, by. the following
vote, to wit:
AYES: Councilmen Branscheid, Mame, Jones, Osborn and President
Godfrey, (5).
NOES: None.
ABSENT: None.
IN va-mEss WHEREOF', I lava hereunto set my hand. and affixed. the offi-
cial. seal of said City this 4th. day of October; 1944-
, Rg_CLARK
(SEAL) JITeTT4c or Mae Cif:7 Of ATdIrdTra
hereby certify that the fovegcing is a. full true and. correct dopy of
TResoldtion. hr. 3049, AUFEORAMING THE EXICUTION OF STIPULATION AND DISCLAIMER IN
EMINENT DOMAIN PRACEFFINGS ERTTITSITO BY THE unTal) STATES OF AMERICA," introduced
and adopted. by the Council on. Mac 3rd. day of October, 194Av
L77177;17L1 ETEE-
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