The Nome nugget., 1957-11-29


 NOTICE
 CIVIL ACTION 4179 UNITED STATES OF AMERICA,
 Plaintiff, TIP ACRES OF LAND. MORE OR LESS BEING TRACT OF THE MILITARY ACQUISITION AT CAPE PRINCE OF WALES. ALASKA, COMPRISING A PORTION OF US. MINERAL SURVEY NO. 336A DESIGNATED AS PLANET LODE CLAIM PART ONLY IN THE PORT CLARENCE MINING AND RE PoRATED INTO THE CAPE NOME MININ'G AND RECORDING DISTRICT) : SECOND JUDICIAL DIVISION. TER RITORY OF ALASKA, THE EMPIRE ATION CREATED UNDER THE LAWS OF ARIZONA, FRANK BARTKOVICK, TRUSTEE, THE EMPIRE TIN MINING COMPANY, AND ALL OTHER PER- SONS OR PARTIES UNKNOWN CLAIM LIEN OR INTEREST IN THE REAL ESTATE DESCRIBED HEREIN, EFT AL;
 Defendants. To: The Empire Tin Mining Company, corporation created under the laws of Arizona, Frank Bartkovick, trustee, and the Empire Tin Mining Company. You are hereby notified that a con- pla1nt in condemnation has heretofore been filed in the office of the clerk of
 
 condemn an estate in fee simple in the property described in the Exhibit "A" attacned hereto and made part hereof for public use for military purposes. The authority for the taking is the Act of Congress approved February 26, 1881 (46 Stat 1421, 40 use. 258a) and acts supplementary thereto and amenda- tory thereof, and under the further thority of the Act of Congress approved August 1, 1888 (25 Stat. 357 40 use. z57o; Sections 2663 and 9773 of Title 10, United States Code, which authorize the acquisition of land for military purposes, 1949, Public Law 30-81st Congress) which act authorized acquisition of the land, and the Act of Congress approved August 2. 1853 Public Law 207-8Srd Congress, which act appropriated funds for such purposes.
 You are further notified that if you have any objection or defense to the taking of your property you are required address herein designated within twenty days after December 13, 1857. the last date of publication of this notice, an answer identifying the property in which you claim to have an interest. stating the nature and extent of the interest claimed and stating all your objections and defenses to the taking of your property. A failure so to serve an answer shall constitute a consent to the taking and to the authority of the court to pro- ceed to hear the action and to fix the just compensation and shall constitute a waiver of all defenses and objections not so presented.
 You are further notified that If you have no objection or defense to the taking you may serve upon plaintiffs attorney notice of appearance desig- hating the property in which you claim to be interested, and thereafter you shall receive notice of all proceedings affecting the said property.
 You are further notified that at the trial of the issue of just compensation whether or not you have answered or served notice of appearance, you may present evidence as to the amount of the compensation to be paid for the property in which you have any interest and you may share in the distribution of the award of compensation.
 You are further notified that trial by jury of the issue of just compensation is demanded by plaintiff.
 EXHIBIT IA
 TRACT NO4
 Description: parcel of land situated at Cape Prince of Wales, Alaska, origin ally in the Port Clarence Mining Re- cording Precinct, now incorporated into the Cape Nome Mining and Recording Precinct, Second Judicial Division, Ter ritory of Alaska, more particularly de- scribed as follows:
 Tract A. A portion of the Planet Lode tin mining claim, constituting a por- ton of US. Mineral Survey No. 336A in the Port. Clarence Mining District, now incorporated in the Cape Nome Mining and Recording District, Sec ond Judicial Division, Alaska, more particularly described as follows: Commencing at U.S.LM. No. 336 at Latitude 65o 34 349~ N. and Longi- tude 1872 58, 417~ w.; thence S. 84o 29' w., 4019.50 feet to a point iden- tical with Corner No. of Tract No. 1; thence s. 55o AT, w. 287 .06 feet, to the Point of Beginning identical with Corner No. Is of Tract No. |; thence S. 48o 2O> E., 1,085.34 feet to point identical with Corner No. IA of Tract No. 1: thence s. 33o 00s E. 318.60 feet to point identical with Corner No 1 of Planet Lode; thence S. 55o 47, w, 102 feet, more or less; thence N 48o 20' w, 1.430 feet, more or less; thence N 55o 47, E. 18383 feet to the point of beginning.
 The land above described contains TIP acres, more or less.
 Russell R. Hermann
 United States Attorney
 Address:
 Suite 102. Federal Building
 Nome, Alaska
 Phone Main 91 Dated: November 25, 1857
 Publ. Nov. 29, Dec. 6, 13, 1857. \ Y M T IT ID MI