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Ordinance 0953Ordinance No. 953 New Series AN ORDINANCE AUTHORIZING THE ACQUISITION OF CERTAIN REAL PROPERTY FOR STREET AND HIGHWAY PURPOSES. WHEREAS, public ' interest and necessity require that: the real prop - erty, hereinafter described be ac- quired by :the': City of: Alameda for street and highway and ` general municipal purposes; and WHEREAS, August J. Fromm and Mae. C. Fromm, his wife, are the owners of the real property herein- after described and are willing to sell the same to the City: of Ala - meda for the suns of $4,150.00; BE IT ORDAINED BY THE COUNCII, OF THE CITY OF ALA - MEDA: Section 1. That the City of Ala- meda . purchase from August J. Fromm and Mae C. Fromm, his wife, for the sum .of Four Thousand, One Hundred Fifty ($4,150.00) Dollars, that certain real property situated in the City of Alameda, California, more particularly described as f lours: PARCEL A: BEGINNING at the intersec- tion of the northern .line of .Lincoln Avenue with the west- ern line of 5th Street; and run - ning thence along said line of Lincoln Avenue north 88 24' 15" west 100 feet to the eastern line of the land firstly described in the deed by Central Hanover Bank and Trust Company .to George Malmstrom and Naomi Malmstrom dated July 20, 1945, recorded August 1,.1945, in Book 4722 cif Official Records of. Ala - meda . County, Page 428; thence along the last named line north 1° 35' 45" east' 59.92 feet to the northeastern line" of said parcel described in said deed; thence along the last named line north 66 29' 30 west '21:54: feet to the eastern line of. the land secondly described in said deed; thence along the named line north 1. ° 35' 45" east 12.08 feet to the southern line of the parcel of land described: in the deed by Robert C. Boyington and Irene B. Boyington to Donald Percy Foster dated April 6, 1946, re- corded April 12, 1946, in Book 4850 of said Official Records, Page 363; thence along the last named line easterly 26.74 feet to a point, distant thereon westerly 93.26 feet from said line of 5th Street; : thence south 64 58' 39" east, a distance of 2.08 feet to a point of tangency of a curve to the deft with a radius of 934.61 feet; thence southerly on the said curve a distance of 97.38 feet to a point on said line of Sth Street, distant the north 1° 37:' 02" east 45.13 feet from.the point of beginning; and thence south 1" 3 ?' 02" vest along'' said in e, ' a distance ;:of 45::1.3 . f eet to the point of be- ginning. I'.�+4'It:CEL R: BEGINNING at ,a point on the western :line of Fifth Street North 1° 37' 02 East `79.73 feet of the point of "intersection, of. the western line of Fifth Street and 'tile northern line of Lincoln Avenue; running thence South .1° 37'. 02" West 34.60 feet alone; the western line of Fifth Street; thence northwesterly along. a curve to the . right of radius 934:61 feet, a distance of 97.38 feet to a point of tangency with a line bearing North 64 58' 39" West; thence North 64 58' 39" West 2.08 feet to the southern line . of the parcel of land de- scribed in the deed by Robert C. Boyington and Irene B. Boying- ton to Donald Percy Foster, dated April 6, 1.946, recorded April 12, 1946, in Book 4850 of Records, Official ecords, page 363; thence along the last named line ol- easterly 93.26 feet to the point of beginning, on the following terms and condi- tions: (a) That good and and merchantable title in fee simple in said real prop - erty be conveyed to the City of Alameda, free and clear of all objec- tions, liens and encumbrances, but subject to second installment of taffies and assessments for the fiscal year 1948- 1.949; (b) That the : title to said real property be evidenced by a policy of title insurance issued by Alameda County -East Bay Title Insurance Company insuring title in the City, .as. provided in the preceding sub - division (c) That upon deposit with said title company for delivery to the City of a good and sufficient deed of grant conveying said property to the City, and conditioned upon the issuance of a title insurance policy as-aforesaid, to be approved by the City Attorney, a warrant of the City be drawn for Four. Thousand, One Hundred Fifty ($4,150.00) Dol- lars, payable to the order of said August J. Fromm and Mae C. Fromm, his wife, and delivered to said Alameda County -East Buy Title Insurance Company; as escrow hold - er for the purpose of effecting the consummation of said purchase. Section 2. The sum of Four Thou- sand, One Hundred Ninty -five ($4;195.00) Dollars is hereby appro- priated froze Gas Tax No. 2 Fund to pay the purchase. price of said real property and cost of title insur- ance policy. Section 3. This ordinance shall be in full force and effect from and after the expiration of thirty (30)