Resolution 02841ill) 17';
1.10
EET)cLEETE, Eo. 28ET
AITHORaillt. ENE EXPEUTION OF AN ACTISENKNT OE COMPROMISE BETAKEN
DEE caTEE OF ALANEDA AND KETE C. FEDEESEN, INDIVIDUALLY AND AS
EXECUTRIX OE THE ESTATE 08 LERS A. PEDERSEN, DEEEASEDA WITH
DESPEET TO THE RESPECTIVE INTERESTS Of SAID FART= IN THE AWARD
TO EE KADE IN CERTAIN CONDEMNATTSX PROCEEDINES INSTITUTED HY THE
UNITED 3TATEE OF AMETNINVa
WHEREAS, the United States of imamica, on. March 24, 1942, instituted.
condemnation proceedings in eminent dnmain against certain. parcels of lann in the
City of' Alameda, by filMag an action. in the J Count of the Inited. States
for the Northern District of California, Southern Division, No. 22133-W, entitled
United StaMes of Aaarica, Plainnaff, v. 7.00 acres of land, more or less, in. Ala-
meda. County, California, Carlo Carlayare, et 91, Defendants, aiaid. parcels being
more particularly' described. in thR) DEciaration af Taking, the Complaint and the
Inagment in saidbaction, and title to said parcela hbb now. vestad. in the United
StaMea of America; wad
WHEREAS, the City of Alameda is the ownar of the real property. MOTe par-
ticularly describen in tne Complaint in said aatior. as "Parcel 22f; and
WHEREAS,
0 reastua of the facts and. premises recited. in tame Agreeinnt
of Compromise, hereinafter. set forth in full, there has arisen between thh City
of Alameda. and said. Kate G. Eadersen, individually and as exacutrix of the Estate
of Bars A. Pedernen deceased, a dispute as to the all of Mikir respective in-
terests in. said Parcel 22; and
WHEREES, said Kate G. Pedeinen, individually abb.. as executrix of the
Ehtate of kurs A. Pedersen. deceased, bas 1310 to settle and compromise the
aforesaid. disputes and nifinfences on the terma and conons set forth in the
Agreement of Compromise hereinafter in thls resolution. set out in full; and
WHEREAS, it aweeers to this Council and this Council so finds and de -
terminus, that it is in. thn best interests of the City of 1j 11 that the afore-
. said aisoomes and. differenhes be settled. and comnromised in the manner provided by,
and in accordahce with, the terms and. stipulations contained. in the Agreemamt of
Compromise hereinafter set forthf and
WHEREAS, the aforesaid parties denire and deem it mutually advanhagesas
that the me13 hmd. of diaibinp thn awand. to be made in said adtinr. in. conbmmination.
urner the rale announced in City of lasadara vd Porter, 201. be dIsre-
garnad by agreement between them;
NEW, TIEMEECand), HE rE RESOLVED BY THE COMPETE OF TEE CITY OF ALAMEDA,
as follows:
Sec. 1. That an agreemwnt of compromino be executed im the City of
Alameda jointiw with said Nate G. Padersen individuallb and. as executrix of the
Eatate of Ears A. Pebnrsen, deceased, which agrearannt shall be, substantially, in
fib= and contain the agreemnaME and stipulations foliowinw, to wit:
ARREEMENT AOMPEEMISE
This agmeement made betweEn the CITT OF ALAMEDA, 1 municipal corporation.
of the State of California as First Party Oiereimafter sometimes raferran to ah
"City"), amU EATS G. FEEEWEENA individually and as executrix of Mae estate. of Lars
A.Pedmrsen deceased as Semonn Party,
blifEESSEPEA
WEEEHAS, Mae United. States of America, on larch 2A, 1942, instituted
ponnemnation proceenirma in. emdnent domain against certain parcels of land in the
City of A:lambda, by filinw an action in. the District Court of the United States
for the Northern District of California, Southern Division, No. 22123-W, entAtLhi
United StateE of America, Plaintiff, v. 7.66 acres of land, more or less, in Ala-
meda County, California, Carlo Cawlevaroa et al, Defendants, said parcels being
more particularly described. in the Baciaration of Taking, the Coawlaint and the
Euegment in paid actimn, and title to said parcels has now vested in. tne United
States of America: and
WHEREAS, the City of Alameda is the ownnr of the said 2api property more
carticularly coscriued as follows:
newly:ming at the point of Intersection of vbe direct
exteraion northeasterly of tie nonthwastcrly line of Bhostrat
Street with the line of the portion of Mae faralta Parch° or
Smart confirmed and patented to Artorio Earta pernita by the
Eovermatint of ;no Gaence asliai4i Sala Ferailaa
Urent Line a. S3i 44' S. 32-17 ft. and S. 331 48' le" E.
352.42 Mt. to a 1,--)1n-c, ljnw dram: basal:see with tr.:
said extend:ion of the northwesterly line of Chostman Street
ame d"stunt 363.0 ft. southeasterly natosirce ab yjmft tattles
tberafrosm 'thence clorg sail parallel line So. 28* 55'
15'",.4.2'5, ft. mere or les° to a point distoht ne. 2SI 35' E,
091.8S ft, from the nettheactern line of diembnt mvehue;
thong.: d. 511 25' W. 5.5 ft.; thence P. CS' 233.9 ft,
to a pelmt on the Undted States Piesbead Pito, ad it omitted
Febraany 9, 1942; thence norLy.ves-A,,rly aloha too 1DBt
1:La,3 559.2 ft. ,In3r-.2. leas uhtil imtercoatna by the
sale oircet exteusich horsIdesteely ei xhe mar"hmesterin sdne
of' 0hostatut Street; thosce siong sail last paned limo S. 2Ss
j."' S. 522.1 ft. here op less to Ale point of tosihhimg,
anion caid 2,JUi Propel:1g is a portion al. the leads desoriced in ante Complaint
ono auagnent ore Is Mocreir aortic:cif-Is referred to arb asocrabed os "Tercel
222; and
WITSIC4142, Mee portion of the ;above Olowbribed real property. eItch lies
easterly. of the didweit embenaion. nomtherly of the easterly line of Chestnut
Street was leased. by bile City- of Alameda to Pero A. Pmderson undar the follow-
ing ieases:
Coj Lease dated May 1920, for a berm. of 25 yemrs, beginning May
51, 1920 and orating 82dy 30, 1245,. for a total rental. of FifEeen. Thousand Dollars
(015,000.00), payable do isstallmaoto of Six hundred Dollars ($500.00) each.,
&arm:ally ih. advance on the 31st day of' 'Ley of each emd every. year eosins said.
termy
fa) Monewal lease dated. MOrch 14, 1.921, for a term of 25 ywars, cum-
EP:icing with bre 31.st day of May, 1945 and expiring on. May 30, 1970, at a total.
rental of Fifteen Theusand. Dollars ($15,000.001, payable in drotellmets of Six
ifoodmei Dollars 4' annually in advance on. the 31st day of May of
eabh. and every year ansins: said renewal term; and
WHEREAS, Second Party id the successar In. interest of said. A.
Pedersen in acid leases and is now the owner thereof; and
gAMAXmdm the area of that portion of said. Parcel 22 which is covered
by thw aforesaid leases is 3.20 acres 8.F.C.1 the total area covered. by said.. leases
is 2t2a acres; and.
WSEREAS, 'Mae City of Alameda, with the consent arW. in agreement with
Secord. Party, hws made a written offer to the hAdted States, the Plaintiff in
tlic action im. condemnation. hereinbefore refertmd. to, to copemt the sum of Twenty -
five: itpuEond Dollars ($)"25,00.0.00) as full erg just corquinsoMhot for tbw tairMdg
by dro United Statew of Said Pmrcei. 22 and. all intorests therain; and
YUEREAS, there has arisen. toteoer. the pamtied hereto a dispute ad to
thw value of thw reweectimw interests of the parties hereto in said Petcel 22
and as to tto amount which. Second Pmmty is entitled.. to receive out of said. sum
of rwemty -five Thousand. Dollars ($25,000.003 aa commensatiom for the leasehold
and other interewts of Second Partyg and
WHEREAS, the purlieu hereto are desirous of forever settling Mew dim: -
antao and different:es JaGIN and heretofore existing between them;
NOVI, THERMPERE, in consideration of the premises und. promises, each to
the other, hereinafter contained, the parties Inwrete agnew an follow:so
rtat in the Event that the UnIted Stateo of America, as Plaintiff in
said action, shall accept the offer of the City of Alameda and. the City of Ala -
mea shell be awarded. the sum of Twenty -fityw Thousand Dollars ($25;000.00) in
said action, thw City of Alameda shall receive and. retain aut of said. award the
sum of Fourteen. Thousand Seven hundred Forty Dollars ($14,740.00) as just nom-
pensation for its title and interwst in. said Parcel 22, and:Second Party shall
receive the sum of Ten Fhoueand Two hunemen SExty Dollar5 ($10,260.00), as just
compensation. for the interest of Second Pamty and Second Party's tenants pnd
sublessees in said Parcel 22.
It is famUiler ;agreed that Second: Party Email pay' out of the :meant
awarded to Second Party; as aforesaid, any- ammamt Or amounts which maw be awarded
in said action to Any. of the sublessees or temonfa of Second forty as compensa-
tion for their respective leasehold or °them interests itt. said. Parcel 22.
IF IS FURTHEP AGEFED that as o part of tte consideration of' this agree-
ment ix settipmEnt and compromise thm leases between the City. of A.1,mm:d asd said
Lars A. Pwdemser, referred. to in the preamble, shall.. be. amewred '4 faPitoms:
(a) -4 aid. lease of May 31, 1920 shwil be amended so as to provide that
the total romUm:1 lee under salb. lease firsm end. after May 31, 1943 sinSPI be the
sum. rf hundred and EjAllty Dollars (tend0.00), payahale in irstalisnts of Three
Hundred and. Forty Dollars (434'3.00) each, annually in. advance on the 31st day of
1day ef each and every year during the balance of the term. of said lease, beginning
may 31, 1943.
(b) Said lease of (Claret I/. 1921 ebbil be amended. so as to provide. that
the otal rental due ander sand. lease from. and. after Hay 31, 1,.24.5 shall be the sum
of Eight Thousand Five Hundred. Dollars ($8,500.00), payable ih. installhazts of
Three hundred. atd Forty Dollars (t340.00) each, annually in adnbrwe on the (dist
Way. of Lby af each end every year during the term of said. lease, begirring May 31,
1943.
FIRST FACET HERESY AIPPEES that: a suitable arAimance will be lEtroduced
and paased authtrisdng madifitation ana anbndment of. tide aforesaid. leases as here -
inbefore provided, all other terms add.. conditions of sed. leases to rembin. unntanged-
TEE PARTIES HERETO AGREE that they mill execute and file, ih. the action
in condelartion referred. to in the preamble hereof, all necessary stipulations in.
order to carry into effect, and. autharize the ettry of judgmant in. said action. in
accordance with, the erovisionb of ttis agreement.
dilNESS CEEFACCIMP5g the Imettfe(ts harbto have executed this agTeement
this , day of mg, 194A,
Aigmwvea as 'se ((bird
CITY ME AitAITENA
Attest:
3 borst.7,7 Alloy 3
3313to Mayor 3
7./(b exboutTix of the TstaT(77(713(
Lars A. Pedersen, deceased,
Sec. 2. Ton Mayor of. Mae City of Ala:Enda is hereby' authorized. and di-
rected. to execute, and. the City Clerk tw atteat, on. behalf of ant. as dam act and
decd. of the City of hisrwaa, ts.t aforessibi agreement of own:promise.
I, the undersigned, hereby certify. that the fvranwfArg Resolutioh. pas
duly and regularly introdvned. arid adonted. by the Council of' the City. or Alameda
in regular meeting assoubled ane. Idth. day of Faros, ICAO, by tee hollowing
vote, to sit,
ASSA: CodwrElvven Howu, Joil.Q;2, Cadrar onE President Godfrey,
ISDE3, Nobs.
ABEFSTA DoodanIchan AranewEadd, (3.0,
IN '..,117.1„,,E3 -,cuIREc7, have hdreotto set my Ilene and effived the effi -
cBad seal of said City this 17th. aay of March, JSE!EM
LOREME R. AdCATIF
ht
City' Clerk of the Ulm/ cf—AIabied/1 7
I hereby certify that the VOTOL:a..„. a fual, true and. correct copy of
"Resoinxiob. No. 2811, AuTauHIza.1,G. TH.,1 EXECTEE f AN AAPREE.,:2AFT OOMPREMISE BE -
dEI2D Cil2Y Y.11,1"1-ElIA AND :SATE h. PEDERSEN, 121..wAlh.rdTPLY .cltd, AS PaNONTPAX OF
n1A (h(TAIA dA hANA , PAhEACEN, OFSEASED, WITE. ADOPEOT TO IFF RESPECTIVE INTENECTS
OE dAth PARTItS ThE dAnRN TO BE NAOS dB OEdTAITS CONESBIJI0t PPOUDECIFICS PCB'S' -
TTNO AT TEE UNACCED .SATEE OF AMERICA," intro:dates( and, adopted.. by thE Council on
tbE loth any of March, 1943.
4,4 4c47, /
Cnty dabrk. oi. vegAdIrg of Alatea.
1.