Resolution 02855140
RESOLUTICH Of. 2855
AUTHORIZING EXECUTION OF OFFER TO ACCEPT IN UNITED STATES
S. 69.448 ACRES BTC)., CITY oF ALAMEDA ET Aim_
WHEREAS, the United States of America heretofore inrtituted condemnation.
proceedings in eminent domain against certain• parcels of lend in the City of Ala-
meda, by' filing an action in the Distribt Court of the United States for the Northa
ern District of California, Southern Divisinh, No. 22462-B, entitled United States
of America, Plaintiff, vs( 69.448 acres of land, more or less, in the City of Ala-
meda, County' of Alameda, State of California, Oity of Alameda, et al., Defendants,
said. parcels being mere particularly described in thm Declaration of Taking, the
Complaint and. tne Judgmert inraid artion, and. title to said parcels has now
vasMed in the United States of Amnmiaa; and
WHEREAS, the City of Alameda is the owner of the said real propexty; and
WHEREARy a statement wherein the acting Secretary of th.C, NalTy has e
mated the sum. of (A25,000.00 to be just compensation. for the taking of said lands
is contained ir. the Duclarvition of Taking filed in said action; and.
WHEREAS; it appears tu this Council, and. Up:is Council so finds and deter-
mines, that it is in the interests of the City of Alameda that said action be set-
tled and. compromised in the manner provided hy, and r accordance with, the terms
and stipulations contained. in the "Offer to. Accept" hereinafter set forth;
NOW, TEFREFORE, BE IT RESOLVED BY TEE COUNCIL OF TEN CITY OF ALAMEDA as
foL lows:
1. That the City of Alameda execute an Offer to Accept, which. offer
shall be substantially in form and contain the agreements end stlemiationz follow-
ing, to wit:
UNITED STATES OF AMERICA,
Plaintiff,
vb. IN TEE DISTRICT COURT OF THE
69448 acres of land., more or UNITED STATES FOR THE NORTHERN
less, in the City of Alameda,
County of Alameda, State of '
. DISTRICT OF CALIFORNIA (SOUTHERN
California, CITY OF' ALAMEDA,
COUNTY OF AXXSEDA STATE OF DIVISION) CIVIL NR. 22465-S
CALIFORTIA, FIRST DOE, SECOOD
DOE THIRD DOE FOURTH DOE,
FIFTH DOE, FIRST DOE CORPORATION
SECOND DOE CORPORATIDD, THIRD
CORPOPETIONE FOURTH DOE CORPORA-
TION, FIFTH DOE CORPORATION,
Defendants
OFFER TO ACCEPT
The undemsigned, the owner and. claimant of the lands described in t,
complairt filed in the above-antitled condemnation proceeding Lemehy offers to
accept tee sum of One Hundred. and Twenty-five Thousand Dollars (125,000,00) au
full and judt compensation. for the taking by the United States of the said lands
and all interest$ therein, exdept as hereinafter stated.
IM 12 agreed that the said sum snail. be inclasiye of principal and
interest and that payment of all claims, liens, encumbrances. and taxes or other
charges against the land shall no made from the said sum, except the pal.nr:ent or
award, if any, to ho made as just compensation. for the taking 31 said proceeding
of equipment arid structured owned by Uni. ,00 Enginewring Company, Ltd., a corpora-
tion, and situated on a C.55 acre parcel located at the 'Northeast corner of par-
cel described in the co:up:taint in said action as Trust 1, and except any damages
sustained by said corporatidn by reason of sai.d. condemnotion in connection with
its businesm conducted on u 11 12 said nromisuo.
It is further agreed that this offer is contingent upon. and iu made.
with the ur3or0t131J ing that the Government will agree to reserve, and that the
final judgment in condmmhation in the above entitled action or contain suit-
able provisions. reherving, to the City of Alamuda, a municipal corporation, its
successors and assigns, the follewing easements in, across and through the. 030-
cols of lama described in the complaint in. 1.11, above entitled. condemnation pro-
ceodingsr
(a) A perpetual. easement 1 nd 1 ight to sondtroat, reconstruct, repair,
1 4
maintain and operate, or permit to be constructed, reconstructed, repaired, main-
tained orb operated,' for the transmission and. •distribution of electricity, poles
and pole lines; underground. conduits, manholes, wires and. cables, together with
all necessary credo-arms, braces, connections, fastenings, guys and other ap
ances and appurtenances for use in connection therewith, over, under, 1101' O'
across certain parcels and strips of land situated in the City of Alameda, County
of Alameda, State of California, more particularly described as follows:
(11 A strip or parcel of land fifteen (15) feet wide end lying sever
and one-half (51D feet onseach side of the following deserired carter line;
To find the point of beginning of said center line commenre
at Station EM. 170 on the TEralta Grant Line, as said Station. and
Line are dElineated and so designated on that certain Map entStied
"Map of Alameda Marsh Land, as partitioned• among the owners thereof•
La the Suit 1.o. 8923, end entitled "Pacific. Improvement Company,
Plaintiff, vs. James A. Waymire, et al, Defenbants, Superior Court
of Alameda County, State of California," and filed July 30, 1900,
in the office of the County Recorber of Alameda County, in Map Book
25, Pages 94, to 78, and run thence. North. 658.27 feet tosthe true
point of beginning of said center line; thence North. 86* O01 West
1714.73 (0 to the point of begdeming of a curve to the right,
having a 111 J' of 4520.58 feet; thence Westerly along the arc of
said curve. 346.5 feet to a point; thence North 4,5* 25' 40" West
296.5 .feet to a polnt; thehre North 73* 58' West 1541.55 feet to a
point; tnence South 09* Weet 23.6 feet to a point; thence North
73* 581 West 211 feet to a point, said. point being. North 16* 02'
East 150 feet from the Northeast corner of parcel of land described
in. deed from City of Alameda to 0. the United. States of America, dated
November 26, 1E37, and recorded in Leber 9583, at page 1 of Offi-
cial Records of said Alameda Go y. thence North. 73* 58' West 959
feet tows point; thence North 27* 50' 35" West 30.1. feet to a point;
thence North. 73 58' West 1306 feet to a point; thence South 56d 16'
11" We 32,06 feet to a point, thence North 73* 58* West 965 feet
to a. point; thence North 29* 40' 20" West 40,86 feet to a point;
thence North 73* 58 West 3248 feet to the end. of said. easement
center• lino.
(2) A. strip or parcel of land ten(10) feet wide mad lying five (5) feet
on each. side of the following described center line:
To find the point of beginning of sabicenter line, '0. 00
at the Northrest corner of the 2arce1 of lane described in deed
from the City of Alameda to the United States of America, dated
November 26, 1937, and recorded. in ilben 3583, at page 1, of
Official. Records of said. Alameda County. thence North 16* 02'
East 150 feet to a point, thence North 73* 58, Wert 575 feet to
a point; thence North 16* 02' Nast 7:h. feet to the true point of
beginning; thence North 16* 02, East 46.5 feet, more or less, to
a point; sai, . point being the end. of masement center line, and
on the Alamede U. S. Pierhead Line •as shown on that certain map
entitled, "Harbor Lines, San Francisco Bay, Califrrnia, Oakland-
Alameda," Ur S. Engineers, Sheet No. 5, approved March 31, 1941.
(3) A strip or parcel of lard ter (10) feet wide and lying five (5) feet.
on each side of (0s following described center line:
Tc find the point of beginning of said center line, commence
et the 0. Northeast corner of the parcel of land described in deed
from the City. of Alameda to the United. Stater of America, dated
November 26, 1937, and recorded in Liber 3563, at page 1, of
Official Records of said Alaneda County; thee along the northerly
line of said last 0.,t±0pL'11 parool Nerth 93* 55' West 4600 feet
to a point; thence North 16* 02' East 166 feat to a point; thence
North. 7:3* 58' 1ie11 t 1545 feet to a. point; thence North 16* 02' Part
73'1 foetto the true point of beginning of said center line; thence
North 10* 112' East 11, feet, more Cr less, to 11 point, said point
being the end of easement center line, end on the Alameda U. 5.
Pierhead Lire between. points No, 51 and ND, 53, as shown on that
certain Map entitled Tearber Liner, Sen Francisco Bay, California,
CablendeAlactede," be S. Emgincer's Chret On, 5, approved March 31,
1941.
(0±) A perpetual easement. and right of way tr construct reconstruct,
repair, operate and maintain o drainage ditch and/or a purlib culvert and/or a
public conduit, for storm and 0" ±1,1 purposes, in, through, on and. along a
100± 1'I parcel and stris of land situated in the C. of Alameda, County of
Alameda, State of 0 a1if4rnia, described as. follows:
A strip' or parcel of land. ter (10) feet wide and lying five (5) feet on.
each side of the following described center 1 ine:
To find. the point of bmginning of said center line, commence
at Station No. 179 on the 3' 14 Grant Line, as said Station and.
Lime are delineated.
14 ,13 396 71 that certain Mari entitled.
"Map of Alameda Marsh Land, as partitiened ameng the owners thereof
in the Suit No. 8923, and entitled "Pacific Improvement Company,
Plaintiff, vs. Baste A. We:Tides., ot el, Defendmrts, Superior Court
of Alanena County, State of California," and. filed July 30, 1909,
in the office of the County Recorder of Alameda Co, in Map 'Book
25, Pages 74. to 78, and run thence North. 714.26 feet to the true
point of beginninw of said center line; thenceWesterly on a curve
to the left, honing a radius of 775 feet, tangent at said point of
beginning bears North 76* Obi 42" Feet an arc distance of 134.46
feet to a poirt; thence Nerth 86* 03' West 196.87 feet to the end
of said eaaement center line.
(o) A perpetual easemmnt and right of as to maintain public °solicits
for storm. and drainage purposes in, through, on and along a certain pemcel and.
strim of land situated in Mae City. of Alameda, County of Alameda, State of Cali-
fornia, described. as follows:
estrip or parcel. of lard fifteen (15) feet wide and lying seven anb.
one-half (7.,i),) feet on each. side of the following described center lino;
To find tte point of beginning nf sain center line, commence
at Station. Ne. 1E9 on the Pewalte Graft Line, as said. Station and
Line are deldneated and so designated: en that certain Map entitled
lney. of Alameda Marsh Lend, am pamtitionod arena the owners Ufareof
in thn Suit No, 8E23, and entitled "Pacific Improvednut Company,
Plaintiff, vs. James A. Waymire, et al, Defendants Superior Court
of Alameda County, State of California", and filed Tilly 30, 1900,
in. the offite of the County Recorder of Alameda County, in. Map Nook
25, Pages 74 to 78, and rum thence North 714.26 feet to a point;
thence Westerly on a curve to the left, hexing a radius of 775 feet;
712 '3 at said point bears North 76* 06' 42". West, an arc distance
of 134.46 feet to a. point; thence North 314 33 West 188.87 feet te
point; thence North. 3* 57' East. 5 feet to the true point of be-
inning of s(8 id. center line; thence North 3* 57' East 164.64 feet,
more or less, to the Southerig line of that certain parcel of land
designated as Parcel No. 2 in deed. fran the City of Alameda. to hhe
United States of America, dated Pane 16, 1932, retorded in Volume
2858, at Page 216, of Official Pecorde of said. Alameda County.
It is further agTeed end understood that this is an. offer in settlement
and compromise and in the event the same be not accepte9 . it shall not be construed.
as an admission of 131 3' or introduced or in any manner used against the City of
Alameda at any trial. of the above entitled action.
It is understood that this is merely am 1 to accept and. must be
approved. by. the Chief of thm Bureau of Bards and Docks,
Dated; May , 1943.
CITY OF ALAMEDA, a Maricioal Corporatimn,
By
Its Mayor
Attest:
Approved. as to form:
3' ty Attorney
Description cfaced:
City Eagineer
Desmription checked:
Menem? Manager,
Department of 'Public Stilltits
City Clerk
2. That the Mayor of the City of Alameda. is hereby authorized an3 .
directeA to execute, and. the City Clerk to attest, as the act and deed. of the
City of Alameda, the aforesaid offer and. agweement.
3. That if said. offer is accepted. by the United States of America,
NM Albert George, the City Attorney of the City of Alameda, is hemety autberized
31 nd empowered to execute and file in said action for and 13 . behalf of the City
14:3
of Alameda, an. appropriate stibulation. or stipulations autoizing the matry in.
said. action. of a final judgment of taking. and condemnation, in accordance with
the provisions of the aforesaid. Offer to .Accept, and to consent, for ard on behalf
of thn City of Alamena, to the entry of a final judgment of takinz and coninxmation
in said action, in accordance with the provisions of thb city's said. offer.
I, the underolgued, hereby certify that the foregoing Resolution was
duily and regularly introduced and adopted by the Council of tie City of Alameda
in regular meetinjs assembled oh. the 18th day bf Ma , 1943, ty the following vote,
to wit:
AYES: Councilmen. Branscheid, howe, Tonrr, Osborn and President
Godfrey, (5).
NOES: None.
AESENT: None.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the offi-
cial seal of maid City this 19th day ef May, 1943.
LORENE R. BEATIE
City Clerk of thd City of Alameda
* * * * * * * * * *
I hereby certify bnat the foresoinv is a full, true and correct copy of
"Resolution No. 2855, AUTHORIZING EXECUTION OF OFFER TO ACCEPT IN UNITED STATES
VS. 69.448 ACRES, ETD., 011.8f OF ALAMEDA E5' AL," introduced and adopted by the
Council on the 18th dey of May, 1943.
f*,
ttty Clerk' 6/ th N,q,q57-of Alameda