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Ordinance 1199Ordinance No. 1199 New Series AN ORDINANCE AUTHORIZING THE ACQUISITION OF CERTAIN REAL PROPERTY KNOWN AS ENCINAL PROJECT CAL -4113. Alameda City iVew; Series °� Ordinance No. 1199 tant easterly from said easterly title be revested in the United States line of the Southern Pacific Com- of America. The real property under pany; lying the P aforesaid 400 units is de- THENCE S 88 18 E a distance of scribed as follows 18.709 feet to a point which bears All that certain real property N 88° 18' W 483.00 feet from the situated in the ` City of Alameda, center 'line of Eighth Street; County of Alameda, State of Cali - THENCE parallel to said center fornia, more particularly described dine of Eighth Street S 1* 47' 05" as follows: W a distance of 127.00 feet to a COMMENCING at that certain point - on the '- northerly line of Eagle Avenue distant N 88° 18'- W - granite _monument located at the 444.50 feet from the Westerly line intersection of the center line be- tween the main; line - tracks of the of Eighth Street; THENCE along said - Northerly Southern Pacific Company as lo- line of Eagle Avenue N 88° 18' W cated easterly of Webster Street, between Work 'Street and Buena > a distance of 62.049 feet to a point on the Easterly: right -of -way -line Vista % Avenue, Alameda; California. of the Southern Pacific 'Company; with the ^Line segregating he high and dry land from the marsh THENCE 5° 55' . E along said easterly y ri line land as surveyed by the 'Pacific t distance of 314.323 feet to the point .32 Improvement Compan and so designated and. delineated upon of beginning; EXCEPTING THEREFROM, that certain map entitled "Map of (a) THAT PORTION thereof , Alameda Marsh Lands as parti- tioned among g the owners thereof "lying within the lines of the tract of land described in the quitclaim ti the and m- -deed from United States of Amer- titled P ent C 'acic Improvemom - Pacific mprovem3 pany, 'plaintiff vs. James A. Way- ica, to , Alameda Unified School District of Alameda County, dated mire, et al, .defendants; Superior June 1, 1953, recorded August' 26, Official Court ; of Alameda County, State of California" filed July 30, 1900, 1953, in Book 7117 of Records of Alameda County, at Map Book 25, pages 74 to 78, Ala - page 107, Series No. AEI - 75890. PORTION thereof, meda County Records: said point of intersection; lying between angle (b) : THAT lying within the lines of the 1.029 points; 11 and 12 of the segrega- acre tract of land described in the tion line; quitclaim deed from United States RUNNING thence from said of America to Alameda Belt Line, granite monument S 84° 18' 40" E a corporation, - dated October 7, a distance of 57.69 feet along said 1947, ',recorded March 30, 1949, in segregation line to the true point of Book- 5762 of Official - Records of beginning of r the hereinafter de- Alameda County, at page - 249, scribed ;parcel, said point being, in Series -No. AD- 21732. ' the easterly right -of -way line of (c) THAT PORTION thereof, the Southern Pacific Company, lying within the lines of the tract said point being the Southwest of land (described in the quitclaim corner of Tract No. 30, as said tract deed from United States of Amer- is delineated and so designated ica, to John Huston, dated June 27, upon the heretofore cmentioned 1951, October r3, 1952, in `Map of Alameda Marsh Lands "; _recorded Bock 6840 of Official Records of RUNNING thence from said point Alameda County, at ' page 513, of beginning "along the Western Series No. AG -81474 line of said Tract 30, N'5° 55'x40" SUBJECT to the rights of the W a distance of 383.88 feet to the public in and to all streets and intersection of the western prolon- highways; subject to the rights of gation of the Northern dine of that Southern Pacific Company. Ala certain 6.89 acre tract of land de meda Belt Line; or any other rail- scribed in Deed from Anglo Cali - -'road which crosses or traverses fornia National Bank of San Fran - these lands and all other; easements cisco, 'a corporation, to Alameda or rights -of -way of record Belt Line, a corporation, dated De- CONTAINING a net area of 52.6892 cember '4, 1942, and recorded Jan - acres, more or less; upon the following uary 8 -' 1943, in Book 4318 of Offi- terms and conditions' cial Records of Alameda County at (a) Said real property described page 209; above is that certain Federal housing RUNNING thence along said pro - project known as PROJECT lon and along the Northern CAL- 4113`. The City of Alameda cove- line of said ?6.89 acre tract S' 87° nants and agrees to retain 400 dwell- 14' 10 "`E a distance ofi488.056'feet ing units of said project occupied or to a point; available for occupancy for a period of RUNNING thence N 3 08' E a 3 years, immediately following relin - United 182:261 feet; distance of 1 quishment of title from the States of "America to the City of Ala- THENCE 86° 52' E 9.17 feet; THENCE N 86 08' E a'dfst fee of meda, with the proviso that should' the 671.184 ''feet to 'a point: City of Alameda fail to retain said 400 THENCE N 89° 10' 20" E a dis- unity occupied or available for occu- during the said 3 -year period, or poi nt' , 0 8 ta THENCE 7S pancy - hould the City of Alameda dehverspos 3ee W dist tance session of or title in the housing struc- of 388.4 feet; THENCE N 87° 14' 10" W a dis- tures comprising the said 400 units to tance of 92.4 feet; any third party during the said 3 -year the THENCE S 3° 08' W a distance period, then, at the option of Public - Housing <Administration, the of 242.5 feet; THENCE N 87° 14' 10 W a dis- real property upon which said 400 units are 'located 'shall revert to and tance of 380.2 feet to a point; New Series Alameda 1 O r d inances Ordinance No. 1199 THENCE S 3o 08' W 88.00 feet to That portion thereof, lying within a point; the lines of the tract cof land de- THENCE S 87° 14' 10 E a dis- scribed in the quitclaim deed. from Lance of 2,314.8 feet to a point 100 United States of America, to John feet westerly of the westerly line Huston, dated June 27, 1951, ; re of the "Alameda Belt Line" right- corded , October 3 >1952, in Book- - of-way; 6840 of Official Records of Alameda THENCE along a line parallel County, at Page 513, ; Series -No. with and 100: feet westerly, meas- - AG- 81474. ured at right angles from the said (b) That the sum of $462,500.00, plus westerly line of the `.'Alameda Belt closing costs, plus cost of appraisal to Line" right -of -way S 3° 07' 36" W a the Public Housing Administration distance of -162.9 feet; ,' ($300.00) plus reimbursement to Public THENCE N 87° 14' 10" W a dis- Housing Administration for prepaid tance of 2;415.60 feet; land rental on ; portions of Eneinal THENCE southwesterly on the are Project, Cal -4113 which are leased by of a curve concave to the north- Public Housing < Administration, and west having a radius of 243.53 feet plus or minus ,prorated income, ex- (the chord of which bears S 69° 52' - penses, and taxes, be ;paid into the 02" W 189.501 feet) an are distance Public Housing Administration of the of 194.68 feet to a point; United States of America, as followsr THENCE N 87° 14' 10" W a dis- (1) A certified check in an - tance of 337.79 feet to a point; amount equal to the following THENCE southwesterly , on the - items: are of a curve concave to the $25;000.00 as down payment southeast having a radius of 70.06 on the purchase price; feet (the 'chord of which bears S Closing costs; 58 21', 10" -W 79.19 feet) an are Cost of appraisal to Public ' distance of -84.15 feet; to a point; Housing Administration ($300.00). THENCE continuing southwest- Reimbursement to P u b l i c erly on the are of a< curve to the Housing Administration for pre - southeast having a radius of 70.06 paid land rental on portions of feet (the chord of which bears S 9° real property relinquished; 00' 15 W 36.12 feet) an arc dis- Plus or minus an < amount tance of 36.53 feet to 'a point; ; equal to prorated income and THENCE S 5° 56' 00" E a distance expenses relative to said Enci- of 20.86 feet to a point on the nal Project,- Cal -4113: western line of that certain "18.77 (2) A note, with interest at pre - acre tract of land described in the vailing Federal rates, ,secured only deed ' from Planatal Company, a by a -deed of trust upon the real corporation, to Alameda Belt Line, property transferred herein < and a corporation, dated February 8, the net revenue therefrom before 1927, and recorded May 17, 1927 in reserves, and expressly not -se the Book 1580 of Official Records, cured by the - taxing rpower of the Page 286, said last mentioned line City of Alameda; the General Fund being the are of a circle having a of the City of Alameda being also radius of 477.68 feet, the center of expressly not liable for the pay which bears N 55° 02 "40" E- 477.68 ment of the note or interest there- feet from said last mentioned point; on, said note to be in the amount' THENCE from said last mentioned of $437,500.00, plus an amount equal " point S 5° 55' %40" E a' distance of to reimbursement to Public Hous- 228 710 feet to a point in the here- ing Administration for payments tofore mentioned "Line segregating made or to be made, by the Public the high and -dry land from the Housing Administration in lieu of marshland as surveyed by the Pa- taxes from the date of transfer to cific Improvement Company" as June 30, 1957; said note to be pay - shown= on the "Map of Alameda able in ten (10) equal semi- annual Marsh Lands" above referred to; installments commencing six (6)! THENCE continuing;; from said months after transfer of title, and last mentioned? point !S <5 55' 40" E to provide for prepayment of princi- a distance of °131.89 'feet along a pal and interest at the option of line parallel to and 60' feet ' distant the 'City of Alameda- the deed of easterly from ` said easterly dine trust securing said note to allow < of the Southern Pacific' Company; for a partial - release of said real THENCE S 88° 18' E a distance of property from said deed of trust 18.709 feet to a point 'which; bears when and if 1portions of said rear N 88 °' 18' W' 483.00 feet from the property are sold; said release or center line of Eighth Street-, releases to be conditioned upon the THENCE parallel to said center line payment on the principal of the of L Eighth Street S 1 ° 47' 05" ; W a note of an amount equal to the distance of 127.00 feet to a point reasonable value of the real prop- on the northerly line of Eagle erty to be released as determined Avenue distant N 88° 18' W 444.50 by the Public Housing Administra- feet from the Westerly line of tion or the proceeds from the Eighth 'Street; ; sale of the portion sold, whichever THENCE along said northerly is greater. All payments releasing line of Eagle Avenue N 88° 18', W a portions of said real property from distance of 62.049 feet to a =point said deed of 'trust shall on the on the Easterly right -of -way line of next ,regular payment date be 'ap- the Southern Pacific Company; plied first to payment; of principal THENCE N 5 °55'40" E along said and interest on the note then due, easterly right -of -way 'line a; dis- and any excess amount shall be tance of - 314.323 feet to the point then applied towards the remaining of beginning; - principal due, the remaining prin- EXCEPTING THEREFROM, cipal amount due shall be then Alameda New Series City i a s Ordinance No. 1199 recalculated into equal amounts for the semi - annual payments -re- maining in the five (5) year period of the note. A release of said prop- erty as set out in this - paragraph shall in no way affect the cove- nants, agreements and reverter provisions relating to the 400 hous- ing units of 'Cal -4113 as set out in the quitclaim deed transferring title to the real property set out in this deed of trust, (c) That the Mayor of the City of Alameda be authorized to execute, on behalf of the City of Alameda, the note and deed of trust referred to above. (d) That good and merchantable title in fee simple in said real property be conveyed to the City of Alameda, free and clear of all objections, liens and encumbrances, excepting those noted above. (e) That the title to said real prop- erty be evidenced by policy of title insurance issued by Oakland Title In- surance Company, a corporation, in- suring title in the City, as provided in the preceding subdivision, said title insurance to be at the expense of the City of Alameda. (f) That upon execution of a good and sufficient quitclaim deed to the real property hereinabove described, said deed to be approved by the City Attorney, a certified check of the City of Alameda, from the Encinal Hous- ing Project Fund (Account 352), in an amount equal to that set out in para- graph (b) (1) above, be drawn, ay- able to the order of the Public Hous- ing Administration, for the purpose of effecting the consummation of said relinquishment of title and transfer to the City of Alameda Section 2. The sum of $29,500.00 is hereby appropriated from the Encinal Housing Project Fund to pay the con- sideration for relinquishment of title and transfer to the City of Alameda of the above described real property, cost of title insurance, 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 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 Ala- meda in adjourned regular meeting assembled on the 26th day of October, 1956, by the following vote, to wit: AYES: Councilmen Haag, Hove, 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 29th day of October, 1956. (SEAL) SHIRLEY H. TENNIER, City Clerk of the City of Alameda. Publish October 30, 1956.