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Ordinance 1049Alameda City Ordinances Ordinance No. 1049 New Series AN ORDINANCE VACATING SEWER EASEMENTS IN CERTAIN LANDS AND AUTHORIZING EXECUTION or QUITCLAIM DEED TO ALASKA PACKERS ASSOCIATION. WHEREAS, the City of Alameda heretofore acquired easements for sewer purposes in the parcels of land hereinafter particularly described; and WHEREAS, it is no longer necessary for the City of Alameda to retain the easements in said lands hereinafter described and it appears to the Coun- cil of the City of Alameda that said easements are not now and will not in the future be required by said City for sewer purposes or for any other purposes; NOW THEREFORE, BE IT OR- DAINED BY THE COUNCIL OF THE CITY OF ALAMEDA: Section 1. That the easement for sewer purposes in, over and upon that certain land situate in the City of Alameda, County of Alameda State of California, and particularly de- scribed as follows: Being an easement held by the City of Alameda which is de- scribed in that certain indenture from Alaska Packers Association, a California corporation, to the City of Alameda, a municipal corpora- tion, dated the 15th day of Novem- ber, 1948. The easement to be abandoned is shown on Drawing No. 3035, Case 51, of the files of the City Engineer of the City of Ala- meda, California, attached to said indenture as Exhibit "A," and is further described as follows: PARCEL 1: An easement ten (10) feet wide, described as follows: BEGINNING at Station No. 19 of the Segreation Line as said Station and line are delineated and so designated upon that certain map entitled "Map of Alameda Marsh Land as partitioned among the owners thereof in the suit num- bered 8923 and entitled Pacific Improvement Company, Plaintiff, vs. James A. Waymire, et al, De- fendants, Superior Court of Ala- meda County, California," and filed in the office of the Recorder of said County of Alameda on July 30, 1900, in Map Book 25, pages 74 to 78, inclusive; running thence South 84 34' East 60.84 feet to a point; thence South 72' 25' East 16.78 feet to a point; thence South 79' 46* East 542.75 feet to a point; thence South 73' 56' East 582.88 feet to a point; thence South 70 18' East 26,39 feet to a point; thence South 15' 40' 30" west 5.01 feet to a point in the southerly boundary of an existing North Side Sewer easement, said point being the be- ginning of the easement; thence along the said southerly boundary line South 70' 18' East 10,02 f eet to a point; thence South 15 40' 30" West 302.26 feet to a point in the northerly Right of Way line of Alameda Belt Line; thence along the said Right of Way line North 69 25' West 10.04 feet to a point; thence North 15 40' 30" East 302.11 feet to the point of beginning, PARCEL 2-a: An easement ten (10) feet wine, described as follows: BEGINNING at Station No. 19 of the Segregation Line as said Station and Line are delineated and so designated upon that certain Map entitled "Map of Alameda Marsh Land as partitioned among the owners thereof in the suit num- bered 8923 and entitled Pacific Im- provement Company, Plaintiff, vs, James A. Waymire, et al, Defend- ants, Superior Court of Alameda County, California" and filed in the office of the Recorder of said. County of Alameda on July 30, 1900, in Map Book 25, Pages 74 to 73, inclusive; running thence South 84® 34' East 60.84 feet to a point; thence South 72' 25' East 16.78 feet to a point; thence South 79 46' East 542.75 feet to a point; thence South 73' 56' East 582,88 feet to a point; thence South 70' 18' East 190.93 feet to a point; thence North 19' 42' East 15.46 feet to a point in the northerly property line of Stokely Foods, Inc., as said prop- erty line is designated in that cer- tain Deed dated March 2, 1948, executed by Alaska Packers Assn., a corporation, to Stokely Feeds, Inc., a corporation, and recorded March 4, 1948, in Book 5430 at Page 95 of Official Records of Ala- meda County, said point being the beginning of this easement; thence North 19' 42' East 51.68 feet to a point; thence South 78 05' East 10.09 feet to a point; thence South 19 42 West 50.37 feet to a point in the said Stokely Foods, Inc., north property line; thence West- erly along the said property line on a curve of radius 440 feet, a distance of 10.32 feet to the point of beginning. PARCEL 3: BEGINNING at Station No. 19 of the Segregation Line as said Station and Line are delineated and so designated upon that certain Map entitled "Map of Alameda Marsh Land as partitioned among the owners thereof in suit num- bered 8923 and entitled Pacific Im- provement Company, Plaintiff, vs. James A. Waymire, et al, Defend- ants, Superior Court of Alameda County, California," and filed in the office of the Recorder of said County of Alameda on July 30, 1900, in Map Book 25, Pages 74 to 78, inclusive; running thence South 84' 34' East 60.84 feet to a point; thence South 72' 25' East 16,78 feet to a point; thence South 79' 46' East 542,75 feet to a point; thence South 73' 56' East 582.88 feet to a point; thence South 70' 19' East 190.93 feet to a point; thence North 19' 42' East 67.14 feet to a point; said point being the beginning of the easement; thence North 78' 05' West 52,96 feet to the southwest corner of the area; thence North 14' 55' East 59.29 feet to the north- west corner of the area; thence South 61' 33' East 87.34 feet to the northeast corner of the area; thence South 14* 56' West 34.40 feet to the southeast corner of the area; thence North 78' 05' West 32.06 feet to the point of beginning. PARCEL 4: An easement ten (10) feet wide, described as follows: BEGINNING at Station No, 19 of the Segregation Line as said Station and Line are delineated and so designated upon that certain Map entitled "Map of Alameda Marsh Land as partitioned among the owners thereof in the suit num- bered 8923 and entitled Pacific Im- provement Company, Plaintiff, vs. James A. Waymire, et al, Defend- ants, Superior Court of Alameda County, California," and filed in the office of the Recorder of said County of Alameda on July 30, 1900, in Map Book 25, Pages 74 to 78 inclusive; running thence South 84 34' East 60.84 feet to a point; thence South 72 25 E. 16.78 feet to a point; thence South 79' 46 East 542,75 feet to a point; thence South 73' 56' East 582.83 feet to a point; thence South 70' 13' East 1.90.93 feet to a point-, thence North 19' 42' East 67.14 feet to a point; thence North 78' 05' West 52.96 feet to a point; thence North 14' 55' East 59.29 feet to a point; thence South 61 33' East 52,31 feet to a point, said point being the begin- ning of the easement; thence North 55' 52' East 113,80 feet to a point thence North 26* 56' East 118.02 feet to a point in the Peralta Grant Line; thence along the Peralta Grant Line South 62* 14' East 10.00 feet to a point; thence South 26' 56' West 120.46 feet t oa point; thence South 55' 52' West 111.20 feet to a point; thence North 61' 561 West 120,46 feet to a point; of beginning. PARCEL 5: An easement ten (10) feet wide, described as follows: BEGINNING at Station No. 19 of the Segregation Line as said Station and Line are delineated and so designated upon that cer- tain Map entitled "Map of Alameda 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, De- fendants, Superior Court of Ala- meda County, California" and filed in the office of the Recorder of said County of Alameda on July 30, 1900, in Map Book 25, Pages 74 to 78 inclusive; running thence South 84' 34' East 60.84 feet to a point; thence South 72' 25' East 16.78 feet to a point; thence South 79' 46' East 542,75 feet to a point; thence South 731 56' East 582.88 feet to a point; thence South 70' 18' East 190.93 feet to a point; thence North 19 42' East 67.14 feet to a point; thence South 78' 05' East 32.06 feet to a point; thence North 14' 56' East 12.20 feet to a point; said point being the beginning of the easement; thence North 14' 56' East 10.00 feet to a point; thence South 74 07' East 73.34 feet to a point; thence South 61* 33' East 862.33 feet to a point in. the north- erly boundary lire of an existing North Side Sewer easement; thence along the said boundary line North 381 291 West 22.08 feet to a point; thence North 61' 33' West 11.50 feet to a point; thence South 28' 27' West 5.84 feet to a point in the northerly boundary line of an ex- isting North Side Sewer easement; thence along this boundary line North 98' 29' West 7.50 feet to a point at which the bearing of the said northerly boundary line changes; thence along said rim th- erly boundary line North 73' 38' West 3.39 feet to a point; thence North 28' 27' East 9.95 feet to a point; thence North 61' 33' West 316,91 feet to a point; thence South 28' 26' West 68.99 feet to a point in the northerly boundary line of the existing aforesaid easement: thence along the said line North 63' 41' 39" West 10.01 feet to a point; thence North 28® 26' East 69.35 feet to a point; thence North 61' 33' West 493.13 feet to a point; thence 74' 07' West 72.08 feet to the point oT beginning. PARCEL 6- An easement ten (10) feet wide, described as follows; BEGINNING at Station No. 19 of the Segregation Line as said Station and Line are delineated and so designated upon that certain Map entitled "Map of Alameda Marsh Land as partitioned among the owners thereof in the suit num- bered 5923 and entitled Pacific Im- provement Company, Plaintiff, vs. James A. Waymire, et al, Defend- ants, Superior Court of Alameda County, California," and filed in the office of the Recorder of said County of Alameda on July 30, 1900, in Map Book 25, Pages 74 to 78 inclusive; running thence South 84' 34' East 60.84 feet to a point-; thence South 72 25' East 16.78 feet to a point; thence South 79' 46' East 542.75 feet to a point; thence South 73' 56' East 582.88 feet to a point: thence South 70' 18' East 190.93 feet to a point; thence North 19' 42' East, 67.14 feet to a point; thence South 78' 05' East 32.06 feet to a point; thence North 14' 56' East 12,20 feet to a point; thence South 74' 07' East 72.08 feet to a point; thence South 61' 33' East 820.04 feet to a point; thence South 281 27' West 20.18 feet to a point in the southerly boundary line of an existing North Side Sewer ease- ment, said point being the begin- ning of the easement; thence along the said boundary line South 73' 38' East 6.81 feet to a point at which the bearing of the said boundary line changes; thence along the last named line South 88 29' East 3.75 feet to a point; thence South 28' 27' West 26.96 feet to the northerly building line of the Kieckhefer Container Com- pany; thence along the building line North 61' 20' West 10.00 feet; thence North 28' 27' East 23.80 feet to the point of beginning. PARCEL 7: An easement ten (10) feet wide, described as follows: BEGINNING at Station No. 19 of the Segregation Line as said Station and Line are delineated and so designated upon that certain Map entitled "Map of Alameda Marsh Land as partitioned among the owners thereof in the suit num- bered 8923 and entitled Pacific Im- provenient Company, Plaintiff, vs, James A. Waymire, et al, Defend- ants, Superior Court of Alameda County, California," and filed in the office of the Recorder of said County of Alameda on July 30, 1900, in Map Book 25, Pages 74 to 78 inclusive; running thence South 84' 34' East 60.84 feet to a point; thence South 72' 25' East 16.78 feet, co a point; thence South 79' 46' East 542,75 feet to a point; thence South 73 56' East 582.38 feet to a point; thence South 70 18' East 190.93 feet to a point; thence North 19 42' East 67.14 feet to a point; thence South 78' 05' East 32.06 feet to a point; thence North 14' 56' East 12.20 feet to a point; thence South 74 07' East 72.08 feet to a point; thence South 61' 33' East 493.13 feet to a point; thence South 28® 26' West 79.36 feet to a point in the southerly boundary line of an existing North Side Sewer ease- ment, the said point being the be- ginning of the easement; thence ,along the said southerly boundary line South 63* 41' 30" East 10.01 feet to a point; thence South 28' 26' West 309,93 feet to a ,point in the northerly Right of Way line of the Alameda Belt Line; thence along the last named line North 61 20' West 10.00 feet to a point; thence North 28' 26' East 309.53 feet to the point of beginning. PARCEL 8: An easement ten (10) feet wide, described as follows* BEGINNING at Station No. 19 of the Segregation Line as said Station and Line are delineated and so designated upon that certain Map entitled "Map of Alameda Marsh Land as partitioned among the owners thereof in the suit num- bered 8923, and entitled Pacific Im- provement Company, Plaintiff, vs. James A. Waymire, et al, Defend- ants, Superior Court of Alameda County, California," and filed in the office of the Recorder of said County of Alameda on July 30, 1900, in Map Book 25, Pages 74 to 78 inclusive; running thence South 84' 34' East 60.84 feet to a point; thence South 72 25' East 16.78 feet to a point; thence South 79' 46' East 542.75 feet to a point; thence South 73' 56' East 582.88 feet to a point; thence South 70' 18' East 190.93 feet to a point; thence North 19' 42' East 67.14 feet to a point; thence South 78' 05' East 32.06 feet to a point; thence North 14' 56' East 12.20 feet to a point; thence South 74' 07' East 72.08 feet to a point; thence South 61' 33' East 863.62 feet to a point in the south- erly boundary line of an existing North Side Sewer easement, said point being the beginning of the easement; thence along the said boundary line South 88' 29' East 22.08 feet to a point; thence South 61' 33' East 206.47 feet to a point; thence South 28 27' West 53.34 feet more or less, to the northerly boundary line of Eagle Avenue; thence along the last named line North 61 21' West 10.00 feet to a point; thence North 28' 27' East 43.30 feet to a point; thence North 61' 33' West 216.16 feet to the point of beginning; be, and the same is hereby, aban- doned and vacated, provided, that this ordinance shall be of no legal effect in vacating or abandoning the case- nients and rights of way herein de- scribed unless and until the Alaska Packers Association, a California eor- poration, shall execute and deliver to the City of Alameda, a municipal corporation, a grant of easement for the construction, maintenance, opera- tion, replacement, removal and re- newal of underground storm sewers and/or drains, and a storm sewer pumping station, in, through, under and along those certain parcels of land situated in the City of Alameda, County of Alameda, State of Cali- fornia, and designated as Parcels 1, 3 and 4 on that certain Alameda City Engineer's Drawing 3035, Case 51, Re- vised Nov. 1951, and entitled Ease- ments for Storm Sewer, Alaska Pack- ers Ass'n, Alameda Belt Line and Stokely Foods, Inc., which said draw- ing is by reference made a part hereof. Section 2. That the Mayor of the City of Alameda be and he is hereby authorized and directed to execute, and the City Clerk to attest, as the act and deed of the City of Alameda, a quitclaim deed remising, releasing and quitclaiming to Alaska Packers, Association, a California corporation, all of said City's right, title and in- terest in and to the easements described in Section I hereof. Section 3. This ordinance is hereby declared to be a measure of great emergency and necessity for the irn- inediate preservation of the public health and safety and shall take effect immediately. The following is a state- ment of the facts showing the urgency: The easements herein described are to be abandoned and vacated in order that new easements may be acquired to carry on the work of construction of the Alameda Interceptor of the East Bay Sewage Disposal System. Portions of the easements to be abandoned will be included in the new easements to be acquired and it is therefore neces- sary that abandonment be made prior to the acquisition and recordation of the new easements. FRANK P. OSBORN, Presiding Officer of the Council. ATTEST: SHIRLEY H. TENNIER, City Clerk. I, 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 meeting assembled on the 5th day of February, 1952, 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 6th day of February, 1952. (SEAL) SHIRLEY H. TF1 City Clerk of the City of Alameda. Publish February 7, 1952.