Ordinance 1187ORDINANCE NO. 1187
New Series
AN ORDINANCE AUTHORIZING THE
ACQUISITION OF CERTAIN REAL
PROPERTY FOR PUBLIC OFF -
STREET PARKING PURPOSES.
(PO WELL - W ITTENAU)
WHEREAS, public interest and neces-
sity require that the real property
hereinafter described be acquired by
the City of Alameda for use by said
City for public off - street motor vehicle
parking places, including property
necessary or convenient for ingress
thereto or egress therefrom; and
WHEREAS, Robert J. Powell (as his
separate property), and Jean Powell
Wittenau, a married woman (as her
separate property), are the owners of
the real property hereinafter described
and are willing to sell the same to the
City of Alameda for the sum of
$25,000.00;
BE IT ORDAINED BY THE COUN-
CIL OF THE CITY OF ALAMEDA:
Section 1. That the City of Alameda
purchase from Robert J. Powell (as his
separate property), and Jean Powell
Wittenau; a married woman (as her
separate property), for the sum of
$25,000.00, that certain real property
situated in the City of Alameda, Coun-
ty of Alameda, State of California,
more particularly described as follows:
PARCEL I:
BEGINNING at a point on the
northwestern line of Park Avenue,
formerly Pine Street, distant there -
on- 165.19 feet, more or less, south-
westerly from the point of inter-
section of said line of Pine Street
with the southwestern line of.Santa
Clara Avenue, said point of begin-
ning being on the northeastern
boundary line of the parcel of land
conveyed by J. B. Cooper to R. R.
Thompson by deed dated August 1,
1879 and recorded August 1, 1879
In Book 181 of Deeds, page 370,
Records of said Alameda County,
State of California; running thence
southwesterly along said line of
Pine Street, or Park Avenue; 33
feet; thence northwesterly parallel
with the northeastern line of a
strip of land known as and called
"Post Office Court (said north-
eastern line of Post Office Court,
being, the southwestern boundary
line of that certain parcel of land
conveyed by S. F. Walthall and
Jeannette H. Walthall, his wife, to
Martin J. Brennan by deed dated
January 16, 1920 and recorded"
January 17, 1920 in Book '2851.. of
Deeds, page 331, Records of said
County of Alameda, State of Cali-
fornia) 92 feet; thence'northeaster-
ly parallel with said line of Pine
Street or Park Avenue, 33 feet to
the southwestern boundary line of
land now or formerly; owned' by
Tucker Investment Company; for -
merly ' owned by J. C. Tucker;
thence southeasterly along said
boundary line of said 'land 92 feet
to the point of beginning.
PARCEL 2:
COMMENCING at the point of
intersection of the eastern line of
Park` Street, as same now exists,
distant thereon northerly 75.08 feet
from the northern line of Post
Office Court; thence at right angles
easterly 80 feet; thence at right
angles northerly 25 feet; thence at
right angles easterly 25 feet to the
actual point of beginning; thence
continuing along said last men-
tioned line easterly 35 feet; thence
at right angles southerly 45 feet;
thence at right angles easterly 25
feet to the western boundary line
of the parcel of land conveyed by
Annie L. Neal; a widow, to S. F.
Walthall by deed recorded in Book
2851 of Official Records, page 330,
Alameda County Records; thence
at right angles southerly along said
western boundary line of 55.08 feet,
more or less, to the northern line
of Post Office : Court; thence west-
city along said last named line 65
feet; thence at right angles north-
erly 75.08 feet; thence at right
angles easterly 5 feet; thence at
right angles northerly 25 feet to the
actual point of beginning,
on the following terms and conditions:
(a) That Robert J. Powell and Jean
Powell Wittenau reserve unto them-
selves, their tenants, customers and
employees, a non- exclusive easement,
for the purpose of ingress and egress
to adjacent property retained by the
said Robert J. Powell and Jean Powell
Wittenau; said easement to be de-
scribed as follows:
BEGINNING" at a point on the
northerly line of Post Office Court
100 feet easterly of Park Street;
thence northerly parallel to Park
Street 75.08 feet to a point; thence
at right angles easterly 10 feet;
thence at right angles southerly
75.08 feet to the northerly property
line of Post Office Court; thence
westerly -10 feet to the point of
beginning.
Said 10 -foot (10') reservation of ease -
ment set out above is to be part of a
public roadway to be used by the
general public in connection with a
public off- street parking lot to be
constructed' by the City of Alameda
on the real property described above.
(b) That good and merchantable
title in fee simple in said reap prop -
erty, subject to the easement set out
above, be conveyed to the Cityy icof
Alameda, free and clear of all Ne -
liens; liens and encumbrances; City
and County taxes to be prorated as of
date of closing of this sale.
(c) That the title to said real prop-
erty be evidenced by a policy of title,
insurance issued by Oakland Title In-
surance Company, a corporation, insur-
ing title in the City; as provided in
the preceding subdivision, said title
insurance to be at the expense of the
City of Alameda.
(d) That upon deposit with said title
company for delivery to the City, of a
good and sufficient deed of grant con-
veying 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
$25,000.00, payable to the order of and
delivered to said Oakland Title Insur-
ance Company, a corporation, as
escrow holder, for the - purpose of
effecting the consummation of said
purchase.
Section 2. The sum of $25,175.00 is
hereby appropriated from the Off -
Street Parking . Project Construction
Fund to pay the purchase price of
said real property, cost of title insur-
ance policy, and other expenses.
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.
R. P. KRANELLY
Presiding Officer of the
Council
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 3rd
day of July, 1956, by the following
vote, to wit:
AYES: Councilmen Haag, Rove, Mc-
Call, Moresi and President Kranelly,
(5)•
NOES: None.
ABSENT: None.
IN WITNESS WHEREOF, I have
hereunto set my hand and affixed the
official seal of said City this 5th day
of July, 1956.
SHIRLEY H.TENNIER
(SEAL) City Clerk of the City of
Alameda
Publish. July 6, 1956,
Attest:
SHIRLEY H. TENNIER
City Clerk
� o m