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IL <br />SETTLEMENT AGREEMENT <br />This Agreement is made and entered into this 5th day of January, 1998, by and between <br />the City of San Leandro (hereinafter referred to as "CITY"), and Pacific Gas and Electric <br />Company (hereinafter referred to as "PG&E") <br />1.0 Recitals. <br />This Agreement is made expressly with reference to the following agreed facts, <br />among others: <br />1.1 PG&E is an electric and gas utility with its principal place of business in San <br />Francisco, California, but with facilities located throughout Northern and Central California. <br />1.2 CITY is a municipal corporation duly organized and existing under and by virtue <br />of the laws of the State of California and vested by law with the authority to exercise the power of <br />eminent domain to acquire private property for public use. <br />1.3 On or about April 8, 1996 CITY filed suit in the Superior Court for the County of <br />Alameda in an action known as City of San Leandro vs. Pacific Gas and Electric Company, Does <br />1 through 10, inclusive, and all persons unknown claiming an interest in the property described in <br />the complaint, Defendants, Alameda Superior Court Action No. H-189852-7 ("the Lawsuit") <br />1.4 By the Lawsuit, CITY sought to acquire certain street lighting facilities theretofore <br />owned by PG&E within its boundaries. <br />1.5 On or about May 31, 1996, CITY made a deposit with the State Treasurer of the <br />sum of $283,206.00, which was subsequently withdrawn by PG&E. <br />1.6 CITY thereafter received an order for immediate possession of the street lighting <br />fixtures and poles which are the subject of the Lawsuit. <br />1 <br />