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`,,, 930; OQ79 <br />1 to Lucky Stores, Inc., a California corporation, and doing <br />2 business as Delaware Lucky Stores, Inc., and WALNUT CREEK <br />3 CANNING CO., a California corporation (hereinafter jointly <br />4 "Defendants LUCKY STORES") as follows: <br />5 1. The Complaint in this action was filed on May 5, <br />6 1992, by Plaintiff CITY OF SAN LEANDRO (hereafter "CITY"), to <br />7 condemn certain property located in the City of San Leandro for <br />8 the construction of the Fairway Drive Overcrossing. The CITY <br />9 and Defendants LUCKY STORES hereby stipulate that the Complaint <br />10 is amended to provide that the CITY seeks to acquire fee simple <br />11 title to the property described in Exhibits "A-1,11 "A-2,11 and <br />12 "A-311 attached hereto and incorporated by reference herein <br />13 (hereinafter the "Subject Property"). (These legal descriptions <br />14 supersede and abrogate any and all legal descriptions attached <br />15 to the Complaint in this action.) <br />16 2. All named Defendants having an interest in the <br />17 Subject Property have been served with the Summons and <br />18 Complaint. <br />19 3. Defendants LUCKY STORES represent that at the <br />20 time, and immediately preceding the filing of the Complaint, <br />21 they were and now are the owners of the Subject Property, as <br />22 applicable. <br />23 4. Defendants LUCKY STORES have been served with <br />24 Summons and Complaint in this action, and they are fully <br />25 informed as to all matters affecting the Subject Property and <br />26 expressly waive any and all other process of notice and any <br />27 rights affected thereby. <br />MEYERS, NAVE, 28 / <br />RIBACK & SILVER <br />A PROFESSIONAL UAW CORPORATION <br />GATEWAY PLAZA 136\p1ead\113\stpjmt.dws 2 <br />7 DAVIS STREET, SUITE 300 <br />3AN LEANDRO, CA 94577 <br />(510) 351-4300 <br />FAX. (510) 351-4481 <br />