Resolution 03243RESOLUTION NO. 3243
AUTHORIZING THE CITY ATTORNEY OF THE CITY 0 ALAMEDA TO
FILE STIPULATION IN EMINENT DOMAIN ACTION INSTITUTED FY
THE UNITED STATES OF AMERCA.
WHEREAS, t United States of America has heretofore instituted pro-
ceedings in the Distriot Court of the United States, in and for the Northern
District of California, Southern Dimision, entitled "United States of America,
1.PPtaintiff, vs. 154,e acres of land, more or less, in the City of Alameda, County
of Alameda, state of California, Louis M. MacDermot, et al., Defendants," num-
bered 25109-G, to condemn certain parcels of lead in the City of Alameda, and
more particularly described in. the Deciaratior of Taking, the Complaint and Judg-
ment on file in said action: and
WIIEREAS, the City of Alameda has heretofore filed its Answer in the
above entitled action . wherein it sets forth tho Cityfs interest in Parcels No.
1A, 1C, 2. and 1F; and
WHEREAS, the Declaration. of Taking entered on the 12th day of December,
1944, decreed that the title to said Parcels Ho. 1A, 10, 15 and lE vested in the
United States cf America in full fee simple, subject, however, to existing publio
utility easements and to the ign..ts cf the public to use the boundary roads; and
WEFFEPAS, said streets are no longer needed or useful as Public streets;
and
WHEREAS, the plaintiff in said action has agreed to pay to he defend-
ant City the sum of One (4.00) Dollar as compensation for the taking of the lull
fee simple title in and to said Parcels Sc. 12, 1C, LE and 1, subject, however,
to existing public utility easements and the rights of the public to use the
boundary roads;
NOW THEREFORE, PE IT RESOLVED BY PPE COUNCIL OF THE CITY OF ALAMEDA
that Stanley D. Whitney, as City Attorney of the City of Alameda, be, and he is
hereby, authorized and directed to execute for and on behalf of the City of Ala-
meda, and with the plaintiff in said action, and to file in the above entitled
action a stipulation or stipulations authorizing and petitioning, the said court
to incorporate in the final judgment to be rendered in said action appropriate
provinions providing in effect as follows:
(1) Decreeing that all right, title and interest of the City of Ala-
meda in and to said Parcels No. 1A, 10, lE and iF is taken and condemned as
autherized by law, subject, however, to existing public utility' easements and
the rights of the public to nse the boundary roads;
(2) Adjudging that the sum of One ((1 ).00) Dollar is just and adequate
compensation for the taking of the Oityfs right, title and interest in and to
said parcels No. 13, 10, liF and 1F.
1, the undersigned, hereby certify that the foregoing Resolution. was
duly and regularly introduced and adopted by the COUACii of the City of Alameda
in regular meeting assembled oh the 16th day of Cotner, 194, by tho following
vote, to wit:
AYES: Councilmen Hewe, jones, Osborn, Sweeney and. President
Franscheid, (5).
NOES: None.
ABSENT: None.
IN WETNESS WEERECF, 1 have hereunto set my' nand and affixed the offi-
cial seal of said City this 17th 105 02 October, 1945.
J. P. CLARE
(SEAL) City Clerk of the City Ci.y 02 ilei edo
* * * * *
I .hereby cer ;ify that the foregoing is a full, true and correct cony of
"Resolution "o. 3243, i ?, iTr_rnrZI.'G THE CI" ATTORNEY C THE 'TT. C" i,�,
wt� �� mgr . � r r ,�, ^.�Da TC
FILE STIPULATION IN EMINENT DOMAIN I ACTION INSTITUTED BY THE NNIrED STATES OF
ATIERIOA,,t" introduced atia ,adopted by the COUrci:l on the 16th day of Cctobor,
1945.