Ordinance 1050Alameda City Ordinances lrlinance No. 1050
New Series
ORDINANCE K 1050
'NEW SERIES
AN ORDINANCE VACATING SEWER
EASEMENTS IN CERTAIN LANDS
AND AUTHORIZING EXECUTION
OF QUITCLAIM DEED TO STOKELY
FOODS, INC.
WHEREAS, the City of Alameda
heretofore acquired an easement for
sewer purposes in the parcel of land
hereinafter particularly described: and
WITEREAS, it is no longer necessary
for the City of Alameda to retain the
easement in said land hereinafter de-
scribed and it appears to the Council
of the City of Alameda that said
easement is 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 easement
is described in that certain inden-
ture from Stokely Foods, Inc., a
corporation, to the City of Ala-
meda, a municipal corporation,
dated the 12th day of October, 1948,
and recorded in the office of the
County Recorder of the County of
Alarneda, State of California, on
November 12, 1948, in Book 5653 of
Official Records, at Page 472 there-
of. The easement to be abandoned
is shown on Drawing 3035, Case 51,
of the files of the City Engineer
of the City of Alameda, California,
attached to said indenture as Ex-
hibit "A," and is further described
as follows:
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 5.00 feet to a point in
the northerly boundary of an ex-
isting North Side Sewer easement,
said point being the beginning of
this easement; thence North 19Q
42' East 10.46 feet to the north-
erly property line of Stokely Foods,
Inc., as said property line is des-
ignated in that certain Deed dated
March 2, 1948, executed by Alaska
Packers Association, a corporation,
to Stokely Foods, Inc., a corpora-
tion, and recorded March 4, 1948,
in Book 5430, at Page 95 of Official
Records of Alameda County; thence
Easterly along the said property
line on a curve of radius 440 feet,
a distance of 10.32 feet to a point;
thence South 19 42' West 13.13 feet
to the northerly boundary line of
the said North Side Sewer ease-
ment; thence along the said ease-
ment boundary line North 70' 18'
West 10.00 feet to the point of
beginning,
be, and the same is hereby, abandoned
and vacated, provided, that this ordi-
nance shall be of no legal effect it
vacating or abandoning the easeinent
and right of way herein described
unless and until Stokely Foods, Inc.,
a corporation, shall execute and de-
liver to the City of Alameda, a mu-
nicipal corporation, a grant of ease-
ment for the construction, maintenance,
operation, replacement, removal and
renewal of underground storm sewers
and/or drains in, through, tinder and
along that certain parcel of land sit-
noted in the City of Alameda, County
of Alameda, State of California, and
designated as Parcel 2 on that certain
Alameda City Engineer's Drawing 3035,
Case 51, Revised Nov. 1951, and en-
titled Easements for Storm Sewer,
Alaska Packers Ass'n, Alameda Belt
Line and Stokely Foods, Inc., which
said drawing 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 Stokely Foods, Inc.,
a corporation, all of said City's right,
title and interest in and to the ease-
ment described in Section I hereof.
Section 3. This ordinance is hereby
declared to be a measure of great
emergency and necessity for the !mme-
diate preservation of the public health
and safety and shall take effect imme-
diately. The following is a statement
of the facts showing the urgency:
The easement herein described is to
be abandoned and vacated in order
that a new easement may be acquired
to carry on the work of construction
of the Alameda Interceptor of the East
Bay Sewage Disposal System. Portions
of the easement to be abandoned will
be included in the new easement to be
acquired and it is therefore necessary
that abandoneryint be made prior to
the acquisition and recordation of the
new easement.
FRANK P. OSBORN,
Presiding Officer of the Council.
Attest: I
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., Tones, 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. TENNIER,
City Clerk of the City of Alameda.
Publish February 7, 1952.