Ordinance 1033ORDINANCE NO. 1033
NEW SERIES
AN ORDINANCE AUTHORIZING THE
ACQUISITION OF AN INTEREST IN
CERTAIN. REAL PROPERTY FOR
SEWER AND GENERAL MUNICI-
PAL PURPOSES.
WHEREAS, public interest and neces-
sity require that the interest in real
property hereinafter described be ac-
quired by the City of Alameda for
sewer and general municipal purposes;
and
WHEREAS, the UNITED STATES OF
AMERICA is the owner of the real
property hereinafter described; and
WHEREAS, the UNITED STATES OF
.kMERICA has granted to the EAST
BAY MUNICIPAL li'TILITY DISTRICT
a perpetual exclusive easement and
right of way for the purpose of laying
down, constructing, reconstructing, re-
moving, replacing, repairing, main-
taining, operating and using as said
EAST BAY MUNICIPAL UTILITY
DISTRICT may see fit for the transmis-
sion of sewage and for the transmis-
sion and distribution of water, or for
either of said purposes, a pipe line or
pipe lines and all necessary manholes,
connections, appliances and fixtures
for use in connection therewith or
appurtenant thereto, including piling
and other supports in, under, along,
and across that certain real property
situated in the City of Alameda, County
of Alameda, St-ate of California, and
hereinafter described; and
WHEREAS, said EAST BAY MU-
NICIPAL UTILITY DISTRICT paid to
the UNITED STATES OF AMERICA
� he sum of TWO THOUSAND NINE
HUNDRED FIFTY FOUR and 64/100
($2,954.64) DOLLARS for said grant;
and
WHEREAS, the EAST BAY MU-
NICIPAL UTILITY DISTRICT no
longer desires to use said grant and
is willing to quit claim its interest
in the property hereinafter described
to the UNITED STATES OF AMERICA,
said quitclaim being contingent upon
the receipt of the sum of TWO THOU-
SAND NINE HUNDRED FIFTY FOUR
and 64/100 ($2,954.64) DOLLARS from
the City of Alameda; and
WHEREAS the UNITED STATES OF
AMERICA is willing to grant to the
CITY OF ALAMEDA an easement over
and along the hereinafter described
property subject to the same limita-
tions, terms and conditions now ex-
isting in the grant of easement here-
inabove described, upon the receipt of
a quitclaim deed from the EAST BAY
MUNICIPAL UTILITY DISTRICT va-
cating the existing easement herein-
after described:
BE IT ORDAINED BY THE COUN-
CIL OF THE CITY OF ALAMEDA:
SECTION 1. That the City of Ala -
meda purchase from the UNITED
STATES OF AMERICA, an easement
over and in that certain real prop-
erty situated in the City of Alameda,
State of California more particularly
described as follows:
A PORTION of Tract 30, as said
Tract is shown on the "Map of Ala-
meda Marsh Land as partitioned
among the owners thereof in the
suit numbered 8923 and entitled,
"Pacific Improvement Company,
plaintiff, vs. James A. Waymire, et
al, defendants, Superior Court of
Alameda County, State of Califor-
nia," which map was filed in the
office of the County Recorder of
Alameda County, in Map Book 25,
pages 74 to 78, on July 30, 1900,
bounded as follows:
BEGINNING at the southwestern
corner of said Tract 30; running
thence along the western boundary
line thereof, North V 46' 53" West
(the bearing North 4' 46' 53" West
being assumed for the purpose of
this description; same of record
North 5* 55' 40" West) 383.00 feet
to the intersection with the west-
ern prolongation of the northern
line of that certain 6,89 acre tract
of land described in deed from
Anglo California National Bank of
San Francisco, a corporation, to
Alameda Belt Line, a corporation,
dated December 4, 1942 and re-
corded January 8, 1943 in Book
4318 of Official Records of Ala-
meda County, at page 209; thence
along said prolongation and along
the northern line of said 6.89 acre
tract South 86' 05' 23" East (of
record South 87' 14' 10" East)
488.056 feet; thence North 4' 17'
07" East (of record North 3' 08' East)
182,261 feet; thence South 85' 42'
53" East (of record South 86' 52'
East) 0.17 of a foot; thence North
4' 17' 07" Fast (of record North
3' 03' East) 671,184 feet to a point
on a line drawn parallel with and
distant 430.00 feet southerly meas-
ured at right angles from the
southern line of that certain parcel
of land designated as "Parcel 2" in
the deed from The Oakland Water
Front Company, a corporation, to
Union Iron Works Company, a cor-
poration, dated March 29, 1917 and
recorded March 30, 1917 in Book
2547 of Deeds at page 41, Alameda
County Records, said last men-
tioned point being the ACTUAL
POINT OF COMMENCEMENT;
thence running along said parallel
line, and the prolongation thereof,
South 89 40 53" East (of record
North 89' 10' 20" East) 2364.21 feet;
thence South 4' 17' 07" West (of
record South 3' 07' 36" West) 12.53
feet; thence North 89 40' 53 West
2364.21 feet; thence North 4' 17' 07"
East (of record North 3' 08' East)
12.53 feet to the ACTUAL POINT
OF COMMENCEMENT.
on the following terms and conditions:
(a) That good and merchantable title
in said interest in real property be
conveyed to the City of Alameda free
and clear of all objections, liens and
encumbrances; City and County taxes,
if any, to be prorated as of date of
closing of this sale.
(b) That the title of said interest
in real property be evidenced by a
policy of title insurance issued by
Alameda County-East Bay Title Insur-
ance 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 grant of ease-
ment conveying said property to the
City, said grant being in the form on
file in the Office of the City Clerk of
said 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 Two Thousand Nine Hun-
dred Ninety -seven and 641100 ($2,997.64)
Dollars, payable to the order; of and
delivered to the Alameda `.County -East
Bay Title Insurance Company,: as
escrow holder, for the purpose of ef-
fecting the consummation of said :pur-
chase and payment. of: title insurance.
SECTION 2. The sum :of Two Thou-
sand ;Nine Hundred Ninety - seven. and
64/100 ($2;937.64) Dollars is hereby
appropriated from the 1951 :Sewer Bond
Fund to pay the purchase 'price of
said interest in :real property. and cost
of .title : insurance policy.
SECTION 3. 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.
FRANK P. OSBORN,
Presiding Officer of the Council.
Attest:
J. P. CLARK,
City Clerk.
1, the undersigned, hereby certify
that the foregoing Ordinance was duly
and : regularly adopted and 'passed by
the Council of the City of Alameda
in regular sheeting assembled on the
21st day of August 1951, by the fol-
lowing vote, to -wit:
AYES:; Councilmen Anderson, Bran -
scheid, .Jones; Sweeney and President
Osborn, (5).
NOES: None.
ABSENT: None,
IN WITNESS WHEREOF, I have
hereunto set my hand and affixed the
official seal of said City this 22nd
day of August, 1951.
(SEAL) J. P. CLARK,
City Clerk of the City
of Alameda.
Publish August 23, 1951.