Resolution 04494RESOLUTION NO. 4494
AUTHORIZING CITY ATTORNEY TO FILE STIPULATION FOR FINAL
JUDGMENT IN RE UNITED STATES OF AMERICA VS. 154.6 ACRES
ETC .CITY OF ALAMEDA.., ET AL. CASE NO. 23109-G
WHEREAS, in condemnation proceedings entitled "United States of America,
Plaintiff, vs. 154.6 Acres of land more or less in the .,City of "lameda County
of Alameda, State of California, Louis M. MacDermot, et al.,, Defendants, "No9
23109-G, in the District Court of - the UnIte'd States., in and for the Northern
District of California 9 Southern Division, the United States of America seeks to
condemn certain roads, lanes, streets, easement's or rights of way included within
the perimeter description of the lands subject of this action, exclusive of Parcels
1A.9 1B9 1CP 1D9 IF and 1F; and
WHEREAS, the City of Alameda has heretofore filed its answer in. the above
entitled action wherein it sets forth the City's interest in and to said roads,
lanes-, streets, easements or rights of way; and
WHEREAS, the Declaration of Taking entered on the 11-th dayof December,
1944, decreed that the title to said roads, lanes, streets, easements or rights
of way vested in the United States of America in fee simple, subject however, to
existing public utilityeasements and to the rights of the public to use the
boundary roads,- and
WHEREAS, said roads, lanes, streets, easements or rights of way are no
longer needed or useful as public streets; and
1111HEREAS, the plaintiff in said action has agreed to pay to the defendant
City the sum of One ($1.00) Dollar as compensation for the taking of the fee simple
title in and to said roads, 'lanes, streets, easements or rights of way, subject
however, to existing Tpublic iit-'Ility easements and -"-,he rights of the public to use
the boundary roads;
NOW THT:,"REFORE, BE IT RESOLVED BY THE COUNCIL 07 THE CITY OF ALAYEDA that
J. P. Clark, 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 Alameda and
with the plaintiff in said action, a stipulation for final judgment in the above
entitled action decreeing that all right, title and interest of the City of Alameda
in and to said roads, lanes, streets easements or rights of way hereinbefore
mentioned, is taken and condemned as authorized by law, subject however, to
existing public utility easements and the rights of the public to use the boundary
roads, and that the sum of One ($1.00) Dollar is just and adequate compensation
for the taking of the City's right, title and interest in and to said real property.
19 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 6th of November, 1951, by the following vote,
to -wit:
AYES: Councilmen Anderson,- Branscheid, Jones, Sweeney and President
Osborn, (5).
NOES: None.
ABSENT- None.
IN "JVITNIESS VJHFJ`EOF, I have hereunto set my hand and affixed the official
seal of said 1\1'jity this 7th day. of November, 1951.
(SEAL) SHIRLEY H. TENNIER
City Clerk of the City of,Alameda
I hereby certify that the foregoing is a full., true and correct copy of
Resolution No. 4494, AUTHORIZING CITY ATTORNEY TO FILE STIPULATION FOR FINAL
TUDGIVIIENT IN RE UNITED STATES OF AMEEH,�ICA VS. 154.6,ACRES, ETC.,, CITY., OF ALAMEDA,
ET AL., CASE NO. 23109-G", introduced and adopted by the Coquncil.,Qn the,6th day
of November,, 1951.
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