Resolution 03251RESOLUTION NO. 3251
AUTHORIZING CITY ATTORNEY TO EXECUTE AND FILE A STIPULATION
FOR ENTRY OF TUDGMENT AND COLLECTION OF COMPENSATION DUE
CITY.
WHEREAS, the United States of America, on the 5th day of April, 1943,
instituted condemnation proceedings in eminent domain against certain parcels
of land in the City of Alameda by filing an action in the District Court of the
United States for the Northern District of California, Southern Division, No.
22561-R, entitled "United States of America, Plaintiff, vs. Certain Parcels of
land in the City of Alameda, et al., Defendants," said parcels being more par-
ticularly described in the Declaration of Taking and the Complaint, as amended,
in said action, and title to said parcels has now vested in the United States
of America; and
WHEREAS, the City of Alameda is the owner of the said real property
referred to in said Complaint as the 6.14 acre parcel of land and the 1.042
acres, more or less, subject to the leasehold interest of the. Bethlehem Steel
Company in the lands above referred to; and
WHEREAS, there is still due the City of Alameda the sum of $5,416.10,
balance of compensation from the United States Government for the taking of
said land,
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ALAMEDA
that a stipulation be executed by the City Attorney and, filed in the aforemen-
tioned action, which stipulation shall be jointly executed by Bethlehem Steel
Company, and shall be in form and figures substantially as follows;
IN THE DISTRICT COURT OF THE UNITED STATES
IN AND FOR THE NORTHERN DISTRICT OF CALIFORNIA
SOUTHERN DIVISION
UNITED STATES OF AMERICA, )
)
Plaintiff, , )
)
)
)
Certain Parcels of land in the City )
of Alameda, County of Alameda, State )
of California, BETE:TERM STEEL COM- )
PANY, a Pennsylvania corporation, et al,)
)
Defendants. )
VS.
No. 22561-R
STIPULATION FOR ENTRY OF JUDGMENT AND
ORDER DIRECTING PAYMENT OF MONEY AND
PREPARATION OF JUDGMENT
IT IS 'HEREBY STIPULATED and agreed by and between tjie UNITED STATES OF
AMERICA, hereinafter called plaintiff, and the CITY OF ALAMEDA, a municipal cor-
poration, and BETHLEHEM STEEL COMPANY, a Pennsylvania corporation, hereinafter
called defendants, that
WHEREAS, the Complaint in this action was filed on April 5, 1943 and on
said day an Order Granting Immediate Possession of the land subject of this ac-
tion was entered, and thereafter on August 7, 1944, plaintiff's Third Amendment
to Complaint was filed which sets forth the description of the 1.042 acre tract
of land, and on January 23, 1945, a Declaration of Taking was filed and the sum
of ONE HUNDRED FORTY-ONE THOUSAND EIGHT HUNDRED SEVENTEEN and no/100 Dollars
(141,817.00) was deposited in the Registry of the Court as the estimated just
compensation for the taking of the 6.14 acre tract of land (being a portion of
Parcel A, as described in the Complaint filed herein), and the 1.042 acre tract
of land as described in said Declaration of Taking and the aforesaid Third Amend-
ment to Complaint; and
WHEREAS, the defendants represent and warrant that at the time of and
immediately preceding the filing of said Declaration of Taking in this action
they were the owners in fee simple of the 6.14 acre tract of land and the 1.042
acre tract of land, as aforesaid, together with all improvements thereon and the
only persons, firms or corporations entitled to the compensation for said taking,
or any portion thereof; and
NOW, TITERRFORE, IT IS STIPULATED that the undersigned defendants have
been served with Complaint, Third Amendment to Complaint, Summons, Order Granting
Immediate Possession and Judgment on Declaration of Taking in this action, and
are fully informed as to all matters affecting said lands, and expressly waive
any and all other process or notice and any rights affected thereby, and hereby
stipulate that the Court is authorized and petitioned to enter, without further
notice, a Final Judgment decreeing that the 6.14 acre parcel of land, as de-
scribed in Declaration of Taking aforesaid (being a portion of Parcel A, as de-
scribed in the Complaint filed herein) and the 1.042 acre tract of land, as de-
scribed in Third Amendment to Complaint aforesaid, together with all improvements
thereon are taken and condemned as authorized by law, and adjudging that the sum
of One Hundred Forty-one Thousand Eight Hundred Seventeen and no/100 Dollars
($141,817.00) is full, adequate and just compensation for the taking thereof, and
any damages resulting therefrom;
IT IS FURTHER STIPULATED that heretofore by order of this Court the sum
of ONE HUNDRED THIRTY THOUSAND and no/100 Dollars ($130,000.00) was paid to the
aforesaid defendants as follows:
(1) The sum of FIFTY-NINE THOUSAND FIVE HUNDRED EIGHTY-TWO
and 90/100 Dollars ($59,582.90) to defendant CITY OF
ALAMEDA, a municipal corporation;
(2) The sum of SEVENTY THOUSAND FOUR HUNDRED SEVENTEEN and
10/100 Dollars ($70,417.10) to defendant BETHLEHEM
STEEL COMPANY, a Pennsylvania corporation;
leaving a balance owed pursuant to this Stipulation in the sum of ELEVEN THOUSAND
EIGHT HUNDRED SEVENTEEN and no/100 Dollars ($11,817.00), and the Court may and is
hereby requested to enter its order paying said sum as follows:
(1) The sum of FIVE THOUSAND FOUR HUNDRED SIXTEEN AND
10/100 Dollars ($5,416.10) to defendant CITY OF
ALAMEDA, a municipal corporation;
(2) The sum of SIX THOUSAND FOUR HUNDRED and 90/100
Dollars ((6,400.90) to defendant BETHLEHEM STEEL
COMPANY, a Pennsylvania corporation.
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands this
day of , 1945.
UNITED STATES OF AMERICA,
By
M. MITCHELL BOURqUIN
Special Assistant to
The Attorney General
witnesses: CITY OF ALAMEDA, a municipal
corporation,
By
By
BETHLEHEM STEEL COMPANY,
a Pennsylvania corporation
By
By
The City Attorney is hereby authorized, empowered and directed to execute
and file a stipulation substantially in the form hereinabove set forth.
I, the undersigned, hereby certify that the foregoing Resolution was duly
and regularly introduced and adopted by the Council of the City of Alameda in
regular meeting assembled on the 20th day of November, 1945, by the following vote,
to wit:
(5).
AYES: Councilmen Howe, Tones, Osborn, Sweeney and President Branscheid,
NOES: None.,
ABSENT: None.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the offi-
cial seal of said City this 21st day of November, 1945.
(SEAL)
* * * * * * * * * *
y of Alame
I hereby certify that the foregoing is a full, true and correct copy of
"Resolution No. 3251, AUTHORIZING CITY ATTORNEY TO EXECUTE AND FILE A STIPULATION
FOR ENTRY OF TUDOMENT AND COLLECTION OF COMPENSATION DUE CITY," introduced and
adopted by the Council on the 20th day of November, 1945.
City/Clerk of the City of Alameda