Ordinance 0960Alameda City Ordinance No. 960
Ordinances New Series
ORDINANCE NO 960
NEW SERIES
AN ORDINANCE VACATING CER-
TAIN SEWER. EASEMENTS AND
AUTHORIZING THE EXECUTION
OF .$UITCLAIM DEEDS TO ALA -
MEDA BELT LINE AND TO THE
ATCHISON, TOPEKA AND SANTA
FE RAILWAY COMPANY.
WHEREAS, by deed. from Ala-
meda Belt Line, a California corpor-
ation, to the City of Alameda, a mu-
nicipal corporation, : dated July 16,
1946, and recorded in the office of
the County Recorder of the County
of Alameda, State of California, on
December 10, 1946, in Liber 5029 of
Official Records, at page 431 there-
of, said Alameda Belt Line granted
to said City of Alameda certain
rights of way and easements for
sewer purposes in, on and over the
following described lands situated
in the City of Alameda, County of
Alameda, State of California, and
particularly described as follows,
to -wit:
PARCEL 1:
A strip or parcel of land
twelve (12) feet in width ex-
tending from the eastern boun-
dary of Parcel No: 2 in Tract 24
to the southern boundary of
The Atchison, Topeka and Santa
Fe Railway Company property
in Tract 30, said parcel lying
six (6) feet on each side of the
following described center line
and containing an area of 0.425
acres more or less.
Beginning at the northeastern
corner of Tract 24 as delin-
eated and so designated on the
map . heretofore referred to*
thence north 86 52' 00" , west:
along the northern line of said
Tract 24, a distance of 109.55
feet; thence south 3° 08' 00"
west, a distance of 12.00 feet
to the actual point of beginning
for the center line herein de-
scribed; thence south 86° 52' 00"
east parallel to said northern
line of Tract 24, a distance of
59.05 feet; thence northeasterly
on the are of a curve concave
to the northwest having a
radius of 22.50 feet (the chord
of which bears north 62° 02' 30"
east 23.24 feet) an are distance
of 24.42 feet to a point in the
northern line of Tract 24, said
point bearing north 86° 52' 00"
west, a distance of 30.60 feet
from the northeast corner of
said Tract 24; thence continuing
northerly on the are of the
aforesaid mentioned curve (the
chord of which bears north 17"
02' 30" east 10.82 feet), an are
distance of 10.92 feet; thence
north 3° 08' 00" east parallel
and being 28.00 feet westerly
from the eastern line of Tract
30, a distance of 1448.09 feet
to a point in the southern line
of The Atchison, Topeka and
Santa Fe Railway Campany
property, said point being the
northern end of said center line.
PARCEL 2;
Beginning at the northeastern
corner of Tract 24 as delineated
and so designated on the map
heretofore referred to; thence
north 86° 52' 00" west along
the northern line of said Tract
24, a distance of 109.55 feet to
the actual point of beginning,
of the parcel of land herein
described; thence continuing
north 86 52' 00" west along said
northern line of Tract 24, a dis-
tance of 50.00 feet; thence south
3° 08' 00" west a distance of
31.00 feet; .thence south 41 52'
00" east a distance of 26.87 feet;
thence south 86 52' 00" east a
distance of 31.00 feet; thence
north 3° 08' 00" east a distance
of 50.00 feet to the actual point
of beginning, containing an area
of 0.053 acres more or less.
PARCEL 3:
A strip or parcel of land twelve
(12) feet in width extending
from the western boundary of
Parcel No. 2 to the northern
boundary of Parcel No. 4 (as said
parcel is described in deed from
Alameda Belt Line, a California
corporation, to City of Alameda,
a municipal corporation, dated
July 16, 1946, and recorded in
the office of the County Re-
corder of Alameda County, State
of California, December 10, 1946,
in Liber 5029 of O f f i c i a l
Records, at page 431), said par-
cel lying six (6) feet on each
side of the following described
center line. and containing an
area of 0.071 acres more or less.
Beginning at the northeastern
corner of Tract 24 as delineated
and so designated on the map
heretofore referred to; thence
north 86° 52' 00" west along
the northern line of said Tract
24 a distance of 159.55 feet;
thence south 3 08' 00" west a
distance of 2000 feet to the
actual .point of beginning for
the center line herein described;
thence north 86° 52' 00" west
parallel to said northern line
of Tract 24, a distance of 58.23
feet; thence south 45° 10' 22"
west, a distance of 95.98 feet;
thence south 31° 54' 00" west, a
distance of 104.56 feet to a point
in the northern boundary cif'
Parcel No. 4 (as said parcel
is described in deed from Ala-
meda Belt Line, a California
corporation, to City of Alameda,
a municipal corporation, dated
July 16, 1946, and recorded in
the office of the County Re-
corder of Alameda County, State
of California, December 10, 1946,
in Liber 5029 of Official Records,
at page 431), said point being
the southern end of said center
line.
PARCEL 4 -A:
Beginning at Station 19 of the
Segregation Line as delineated
and so designated on the map
heretofore referred to; thence
north 76° 04' 00" west along
said Segregation Line, a dis-
City
tance of 75.01 feet. to. the point
of intersection with the: eastern
line of. Sherman Street ;. thence
north 3° 08': 00" east along the
extension of the eastern line of
Sherman Street, a distance of
10.46 feet to a point; thence
north 39 56' 30" east; a dis-
tance of 14.96 feet to the actual
point of beginning of the parcel
of land herein described; thence
north 39' 56' 30" east 4.39 feet
to a point; thence north 72` iii'
05 east 14.98 feet to a point,
said. point being the southern
end of the center. line described'
in Parcel No. 3; thence continu-
ing north 72° 36' 05" east 7.89
feet to apoint; thence south 17°
23' 55" west.3.79 feet to it point;
thence south 72 °; .25' . 00" east
21.18 feet to the actual point of
beginning, containing an area
of 0.002 acres more or less.
PARCEL 4 -B.
Beginning at Station 19 of the
Seg'reg'ation Line as delineated
and so designated on the map
heretofore referred to; ,thence
north 76° 04' 00" west alone; said
Segregation Line, a distance of
75.01 feet to the point of inter-.
section with the eastern line of
Sherman Street; thence north 3'
08' 00" east along the extension
of the eastern line of Sherman
Street; a distance of 8.26 feet
to the actual point of beginning
of the parcel of land herein de; "
scribed; thence north 72' 36' 05
west 16.00 feet to a point; thence
north 17 23' 55" east 6.03 'feet
to a point: thence south _72' 25'
00" east 17.04 . feet to a: point;
thence south 39° 56' 30" - west
4.16 feet to a point; thence south
3 08' 00" west 2:20 feet to the
actual point of beginning, con-
taining an area of 0.002 acres
more or less;
and
WHEREAS; by deed from The
Atchison; Topeka . and Santa Fe
Railway Company, a Kansas ; cor-
portation, to the City of . Alameda,
a municipal corporation, dated 'Au-
gust 28, 1946, and. recorded in the
office of the County Recorder. of
the County of Alameda, State of
California, on December 10, : 1916,
in Liber 5029 of Official Records, at
page 436 thereof, said The Atchison,
Topeka and Santa Fe Railway Com-
pany granted to said City of Ala -
meda' a certain right of way and
easement for sewer purposes in, on
and over a certain 12-foot strip of
land in the .City of Alameda, County
of Alameda, State of California, and
particularly described as follows,
to -wit:
A strip of land 12 feet in
width by 134.72 feet in average
length, in the City of Alameda,
County of Alameda, State of Cali -
fornia, being a. portion of that
certain Tract No. 30 as said
Tract is shown on Map _entitled
"Map of Alameda Marsh . Land
as partitioned among the own-
ers thereof in the suit numbered
8923 and entitled 'Pacific Im-
( Ordinance No. 960
` a es New Series
provement Company, Plaintiff,
vs. James A. ' Waymire,: et Li,
L Superior Court of
1'tineaa County, State of Cali-
fornia," filed in the office of the
County Recorder of said Couii,..,
vo June 6v' i9oo, said strip of
land - being more particularly
described as follows:
Commencing at the northeast
corner of that certain parcel of
land conveyed by deed recorded
May 17, 19:47; in Book 1603, pa; e
153, Official Records of sa,d
County, : said corner being at the
intersection of the east: line of
said Tract 30 with the U. S.
Pierhead and Bulkhead Lines;
thence along the east line of
said conveyed land being aloal
the east line of said Tract iii
South "3° 08' west 120.0 feet" to
an angle point in said conveyed
land; thence, North 86° :52' west
along the boundary line of said
land 22:0: feet . to the true point
of beginning for this descrip-
tion; thence continuing along
said boundary line North 88"
52' West 12.0 feet to an atit;ie
point therein; thence North 3°
08' east at right angles 137.87
feet to the northerly line of said
land; thence South 59" 08' lir
east thereon 13.56 feet to a point
in a line which is parallel with
and. 12.0 feet easterly at right
angles from that certain course
described herein as bearing
North 3 08' east 137.87 feet;
thence. South 8° 08' west along
said parallel line 131.57 feet to
the true point of beginning;
containing an area of 0.037 of
an acre, more or less;
and
WHEREAS, the City of Alameda
has at no time constructed sewers
in or upon the aforesaid strips of
land, or any of then, and it appears
to this Council that said easements
and strips of. land are not and will
not be required by ' the City of
Alameda for sewer purposes or any
other purpose . whatsoever; and
WHEREAS, each : of said ease-
ments above referred to provides
that should the :use of said real
property above described for sewer
purposes be permanently discon-
tinued, them, each of said easements
shall immediately lapse and become
null and void and be of no further
effect; .
NOW, THEREFORE, BE IT OR-
DAINED BY THE COUNCIL OF
T1-1E . CITY OF ALAM .D A
Section 1. That the said easements
above referred . to, granted to the
City of Alameda.by. each and all of
the deeds referred to in the pre-
amble Hereof, be, and each of the
sane is hereby, abandoned and va-
cated.
Section 2. That the Mayor of the
City of Alameda be, and he is here-
by, authorized and directed to exe-
cute, and the . City Clerk to attest,
as the act and deed of the City of
Alameda, a quitclaim deed remising°,
releasing and quitclaiming to Ala-
meda Belt Line, a California cor-
poration, - all of said City's right,
Alameda City.Ord
as the act and deed of the city
of Alameda, a quitclaim deed. re-
mising, releasing and quitclaiming
to The Atchison, Topeka and Santa
Fe Railway Company; a Kansas cor-
poration, all of ` said City's' right,
title and interest in and to the
easements and strips of lard de
scribed or referred to in the pre -
amble hereof.
Section 3. That the Mayor of the
City of Alameda .be, and he is here-
by, authorized and :directed to exe-
cute, and the City. Clerk to attest,
title. and interest in and to the
easement and strip of land : de-
scribed or referred to in the pre-
amble hereof.
Section 4. This ordinance shall be
in ;full ; force and effect from and
after the expiration of thirty (30)
days from the date of its final
passage.
W: J. BR.ANSCHEID,
Presiding 6fficer of the Council.
Attest:
11 Ordinance No. 960
l New Series
J. P. CLARIL,
City Clerk::
I. the and ersigned, hereby certify
that the foregoing Ordinance : was
duly and regularly adopted and
passed by the : Council of the City
of Alameda in regular meeting as-
sembled on the 19th day of April,
1949" by the following vote; ,to -wit:
AYES: Councilmen A n d e r s o n ,
Jones,. Osborn, Sweeney and Presi-
dent Branscheid," (5).
NOES.' None.
ASSENT: None:
IN WITNESS WHEREOF, :I have
hereunto set my hand and, affixed
the official seal of said City this
20th. day of. April, 1949.
(SEAL) J: P. CLARK;
City Clerk of the City
of Alameda.
Publish April 26, 1949.