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• <br /> EXHIBIT B <br /> MEMORANDUM OF SETTLEMENT AGREEMENT OF <br /> EMINENT DOMAIN ACTION (NO. H- 52626 -9) <br /> IT IS STIPULATED between plaintiff, CITY OF SAN LEANDRO, a <br /> municipal corporation, and defendant, UNITED ARTISTS COMMUNICATIONS, <br /> INC., through their respective attorneys, as follows: <br /> 1. The Complaint in this action was filed on May 10, 1978, <br /> to condemn (i) the fee simple title to certain real property described <br /> in plaintiff's complaint on file herein as "Parcel 3A ", and (ii) to <br /> • condemn a temporary easement for slope and drainage purposes over <br /> certain other real property described in plaintiff's complaint on file <br /> herein as "Parcel 3B ". <br /> 2. Defendant UNITED ARTISTS COMMUNICATIONS, INC., <br /> represents that it was, at the time of and immediately preceding the <br /> filing of the Complaint, and now is the owner of said Parcel 3A, <br /> subject to the interest of defendants ORA LOMA SANITARY DISTRICT and <br /> ALAMEDA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT as owners <br /> of easements of record in said property. <br /> 3. Defendants ORA LOMA SANITARY DISTRICT and ALAMEDA COUNTY <br /> FLOOD CONTROL AND WATER CONSERVATION DISTRICT have been served with <br /> Summons and Complaint in this action. Said defendants have each filed <br /> a Disclaimer to any compensation to be awarded in this action. <br /> 4. The Court is authorized and petitioned to enter without <br /> further notice a Judgment decreeing that fee simple title to Parcel 3A <br /> shall be condemned to plaintiff CITY OF SAN LEANDRO and against <br /> defendant UNITED ARTISTS COMMUNICATIONS, INC., subject to the <br /> easements of record of ORA LOMA SANITARY DISTRICT and ALAMEDA COUNTY <br /> FLOOD CONTROL AND WATER CONSERVATION DISTRICT and further decreeing <br /> that Parcel 3A is taken and condemned as authorized by law. <br />