Resolution 03123400
RICSOLITORN NCO 3123
ARIEORMAING FaECUTION OF AN AGREEMENT BETWEEN CITY GE
ATAREDA AD (PETRI:BRUIN STEEL COMPANY FUR rg: STRIEUTION
OF AWARD IN CERTAIN CONLEVAATION PROCEEndRUZ INEFLIFFIJIITR
BY TRE TRUMPED SIATES 11 AAT11 ILING AN
APPLIOATT ON FOR ra s TRIBUUIONG AND A T.:TIT...0Ra za NG CITY
ATTORREY TO FILE STAPUIATION.
VUOMSBAS, the united states of America, on the pth day of April, 194,5,
instituten. condemnation proceedinp(s in. erinent doguie against certain parcels
of' land. in the City- of Alamed0 . by filing an actinn in. the District Court of the
United States for the Northern District of California, Southorn fivialoh, No.
22561-R, entimEeed "United stateh of AMerica, Plaintirf vs. Certain Parcels of
Mend in. the Citw of lamoda, et al_ , Defendants," said parcels being lehre par-
ticularly- doscribed in the Declaration of Toking and. the Comnlaint, as emendefi,
in said ention, ana titln to said parcels hes row bested. in the United States
of America; and
thn City of Alameda is the owner of the said real. property
referred. to in. said Complaint ah the 6.14 acre parcel of' lone and the 1.0412
acres, more or less, subject to the leasnhold interest of tho Bethlehem Steel
Company in 3, abovo referred to; and.
WHERFffS, it in necessary and in the public intereot teat an avareement
be reehETed. betaken" the City end Bo thlehem Steel Company as to eppertionahnt of
the aaord to be node for tth tabing of said real 1:TO1 erty on. the telTIS and 00S-
ditions set flArth. im the apiannnnt hereinafter set out in full;
NOW, THERE:ERSE, PE IT RESOLGTE EY THE COUNCIL CT •171) GI TY OF 4.1WesIA,
as follows(
Suction 1. Ghat an agreement lin effecuted by the City of Alameda
jointly with kuthiehom Steel Company, a PnrinsyDrania corporation, which. agree-
ment shall he substantially in form. anr. contnin the agreements and.. E;tipllations
following, to wit;
ACREENFIET
THERS AUBIRDIENT, madu between the CITA OF ALARATA, a municipal corpora-
tron. of the sLtate of California, as First Party, (hereinafter sometimen referred
to as ty") ana BETEIRDEE COURANY, a ,-1 141 corporation, as
Second. 'forty,
IATI`1:71-1ESSE'17I-1 :
AFEREAS, the United states of America, on the. 5th dew of April, 194E,
itstitatod
1,, 71. proceedings in eminent domain against certeln. pordels
of lend in the city of Alameda, by filing an action the District Court of
the United States for 01 Northern District of California, Soutnorn Division,
Nen 22561-R, emoMUVOnn "Uhiten States of Ameriou, Plaintiff , 7Mu Certain. Pareels
of Lend in t City of Alameda, et al_ „ Enfendants," said parcels being gnre
particularly described in the 3' .1 of Taking and the Complaint, as
amended, in said. action, ann. title to said parcels Ras nom vested in the United
States of America; and
WHEREAS, the City- (4 Alameda is tbh owner of the sai1 . real property
referred.. to in. said. Complaint as the RilA acre varce]... of land and. the 1.642
acres, more or less subject to the leasehola interest of the Bhthienem Steel.
Company in the lands above referred to; and
VET:SEAS, the City of Alameda anaCkettlehem Steel Company have anfreed
to Mae apportionketh of the sum of E141,818.00 componsation. whiffn the United
States of n,merica has agreud. to pay for said lends and leasehold. irhereht; and
WREPIERS, the
‚4 31 of thn UnitedhStaten bfes deposited in the
registry of the nistrict Court ttu SUM of (",141,e18.00 as estimated just compen-
sation for the taking of said lends; and
WEIRIPAP, tbh Government of the United States is now ailling to pay to
the City of Alfareda and. Bethiehhm. Steel Company the oum. of 1(130,000,00 on
account; ann.
WUTIEMEM said. City of Altamnda and Bethlehem. Steel Company are dosiroon
of withdrawing and (1, 11(3' said sum of' E140,000,00 on account;
NUW, TRURNFORE, in consideration of the pregisen and promises each to
the other nerelnaftet contained, the heft:des he1111 to agree as f 1 lio WV, tO Wit:
491
That an. application. shall be filhd in the District Court of the United.
Stptes in ahn for the Northern Diotrict of California, Southern Division, in ac-
tion No. 22661-R, requesting the sum of $1.30,000.00 to be paid to the City of
Alamoda ann. to Bethlehem. Steel Company,
That e. stipulation shall be filod in said. action authorizing direct-
ing the clerk: of said. Court out of said. sum of $160,000.00 to pay to the City of
Alameda tbo sum. of $69,682.9.0 and to the Bethlehem Steel Combnnyt a Phnnsyllinnia
corporation, the SUM of $70,417.10„
IT' IS FORTITER AGREED that any additional. sthmo alalch. aix: due from said
United States of Amprica. in said action shall be paid 64.1.671, thereof to Bethlehem.
Steel Company and 46',8331. thereof to the City. of fhiamoda.
IN WIITESE MSTUTECIN the nautios hereto have executed. this agThpment this
d of April, 1946.
Approved as to fermg
C.I'PY OF ALATTEEA, manithipal corporation,
By
Its Mayor
Attest:
City Attorney City Clerk.
RETEMEREY STEES, CONTANH, a corporation,
BV
President
Secretary
Thin Mayor of the City of Alameda. is hereby aunborized and directed. to
execute, and the City. Clerk: to attest, on behnlf cf and. as tine act ann deed of. the
City of Alameda, the aforesaid agreempnt.
Section 2. That an application. be exe/3 uted. by: the City- of Alameda
jointly. with. Eathlphem Steel Cox:pray, a Pennsylvonia corporation, which applica-
tion. shPil be substantially in form as follows:
IN THE LESTRICT COURT CM TEE UNITED STATES
IN AND FOR ILE NORDHEEN RESTRICT OF CALIFORNIA
SOUTHERN EINESIOD
PETTED STATES OF AMERICA,
Plaintiff,
Mo. 22661-R
Certnin. Parcels of land. in. the
City. of Alameda, County of
Alameda, Statn of California,
IITT=THEM STEEP. SCBTANT, et al;
Defendants,
The application of the CITH OF ALAMETA, a Municipal. Corporation, and. the
BETHLEHEM STMEH, COMPANY, a corporation, hereinafter referred to as the petitionnrs,
respectfully shows:
That plaintiff heretofore dnposited. trn sum of ONE HUNDRED FPRITY-OUE
THOUS:AST BIDET yam= EICHITTH AMC no/100 Dollars ($1.41,818.00) in the Regastry.
of the Court as estimntnd. just compensation for thn taking of the three parcels of
land described in thn ComploInt, as Amended, and rpclaration of Taking, and. con
taining 0.486 acres of hand, 6.a4 acres of land and 1-042 aerns of land respectively.
Thn t p e td ti cador a we rrant tha t at thn time s f ahA immo di a t ea y p re ce di nE
the. filing of the Ipciatation of leaking in this action, they were the oapnrs in. fee
simple of the aforesnld 6,14 acre parcel of land and the 1.042 acre parcel of land
foresaid; and, except as notnei abovA, the only pmrsons, firms or corporations en-
titled. to any of tne compensathlon to be paid. for said. taking.
That petitioners request that the above mentdoned sum, on deposit
herein, or a portion thereof, be paid to petitioners forthwith; game). sum to be
received. ny petitioners on account of just compensation to be awarded for the
taking of the 1,042 acre parcel of land. and the 6.14 acre paroel of land. as
aforesaid.
21,TY OF Alii1BILI)), a YMnimipal Couoration
By
By
MsvOr
City Attorniev
BIEETELHEM STEE1 COMES:NY a. corporation.
By
Ey
The Mayor and. the City Attorney of the City of Alameda. are hereby
amtPerized and directed to execute, on behalf of and. as the sot and deed. of tte
City of Alameda, the aforesaid application, to be filed.. in. the action herein-
above referred to.
section 3 . That a stipulation 1 1 1 xecuted. by the City Attorney and
filed in. the aforementioned action, which stdpulation shall be jointly. executed
by Bethlehem. SUhil. Company and shall be in form and fisitres substantially as
follows)
01 THE DISTRICT COURT OF TYE =um STATES
IN AND TOR THE NAIRIBERN DISTRICT OF CALIFORNIA
8:Cdr.:FLU1 H DivisJoN
UNITED STATUS OF AMERICA,
Plaintiff, )
vs. 1 No. 22561 -R
Certain Parcels of land in the)
City of Alseedn, CouEty of
Alameda, State of Cali1oimia, STIPULATION
BETNITHEM STIFT COMHANIT, et el)
Defendants )
EL
IT IS HERESY STIPULATED by and between. the City of Alameda a municipal.
corporation, ann Bethlehem Steel Company, a Pennsylvania corporation, defendants
above named, by. ann. througn their respective counsel, that the sum of 8180,600.00
to be paid. tO said. City of Alameda and said. Bethlehem Steel.. Company from the
registry of the above
(3 (3 Court in. the above entitled action, shall be paid.
to said defendants in the following proportlons:
To Bethlehem. Steel Oompanyu a Pennsylvania
corporation, the. sum of - Vo,11.17.3.0
To City of Alameda, a mEnAcipal corporation,
the sum of - - - - - 59582.90
IT IS FURTHER SIIILIAH111 tnst the clerk of the above entitled Court is
hereby' authorized. and. requested to. make the payment aEove referred to is the pro-
portions atove stated.
Dated: , 1945.
Attorney foTdTefendant City' of Alameda
Attorney' for defendent Bethlehem Steel. Oomph:my
The City Attorney im hereby authorized. arM 0.1.01 0 ted. to execute and file
a stipulation substantially in. the form. hereinubove set forth.
1 ¥ * * * ¥ * * 0
I, the undersigad, herelyacertify that the foregoing Resolution was
duly and regularly introduced and. adopted by the Council of the City of Alamada
in regular meeting assemblae. on Who ist day of Nay, 1945, by- the followAng vote,
to wit:
AMES: Counoilirn Fauns, asborn, Sweeney. and President Branscheid,
IhdEla None.
ABSENT; Councilman Frumn, 1 11.
IN WIIVESS WHEREIN, I hada hereunto set my hand. and. affixed the offi-
cial. seal. of said City- this 2nd day of may, 1949,„
T, P, CLARY
(SFAL) City Clerk of the City' of Alameda
I hereby certify that the foregoing is a full, true and correct copy of
"Rasoluticr No. 312,3, AUTBEIRITING FFATOUTION ( AN AEREFEETET DETIEEN CITY OF
ALAMEDA :ET SPIIILEHEM STEEI COMPANY FORADISTRIffdlIBB OF AWARD IN. OBBMIIII CON -
DEADMITIN PROBEETUEES INSTIWEJTED B7 THE UNITED STAPES OF AMERIBA;
FILING EN APPLIDATI(21 FOR DISTRIBUTION; AND AUTHORIZING CITI AININWEY TO FILE
STIPULATION," introduced. and adopted by the Council. of the City' of Alameda on
May 1, 1945,
Cityydr(Caddr of the City of Alameda