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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