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Ordinance 1213ORDINANCE NO. 1213 AN ORDINANCE AUTHORIZING THE ACQUISITION OF CERTAIN REAL PROPERTY FOR STREET, HIGHWAY AND ;GENERAL ' <MU NICIPAL PURPOSES. WHEREAS; public interest and necessity require that the real prop- erty hereinafter described be ac- quired by the City of Alameda for street, highway and general munici- pal purposes; and WHEREAS; Central Pacific Rail- way Company, a corporation of the State of Utah, and Southern Pacific Company, a corporation of the State of Delaware, 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 ONE HUNDRED SEVENTY -EIGHT THOUSAND, NINE HUNDRED FIFTY and NO /100 ($178,950:00) DOLLARS; NOW — THEREFORE; - BE IT OR DAINED BY THE COUNCIL OF THE CITY OF ALAMEDA: Sec`.inn 1. That the City of Ala- ineda purchase from Central Pacific Railway Company, a corporation of the State of Utah, and _Southern Pa- cific Company, a corporation of the State of Delaware, for the sum of ONE HUNDRED SEVENTY -EIGHT THOUSAND: NINE HUNDRED FIFTY and N0 1100 ($178,950.00) DOLLARS, that certain -real _ property situated within the City of Alameda, Cali - forms,, and more particularly -de- scribed as follows: All that real property situate in the City of Alameda;, County of Alameda, State of California, described as fol lows: PARCEL 1: That portion of land (50 feet wide) of Central Pacific Railway Com- pany;, formerly aof The <San Fran - cisco and Alameda Railroad Com- pany;' bounded :as follows: BEGINNING at the intersection of - the direct production - north- westeriy of the northeastern line of Lincoln Avenue with the direct production southwesterly of the southeastern line of Park Street; thence; along said produced line of Park Street; < North 34' '46' 36" East, 26.91 feet to the northerly line of said Railway ,Company's land; thence, along the last men - tioned- line, on the arc of a curve to the left, with a radius of 1885 08 feet; through 'a central angle of 19' 14' 50 "; an are distance of 633.33 feet, (chord bears South 87' 37' 37 East 630.36 feet) to the north- < western line of Everett Street; thence, along the last mentioned line, South 34', 23' 18" West, 66.23 feet to the southerly line of said Railway Company's, land; thence, along the last mentioned line, westerly, on a'curve to the right, having , a radius of 1935.08 feet, through a central angle of 9 13' 38 ", r an are distance ` of 311.64 feet (chord bears South 88 39' 53" West, 311.30' feet) to the eastern line of the parcel of land described in the deed from W. B. Clement, et al, to Central Pacific' Railroad Company, dated- June 5, 1895, recorded February 8, ,1896 in - Book - 575 of Deeds, page 71, Alameda County Records; thence, along the ,last mentioned line, North 1° 03' 54" East,: 12.50 feet, more or less, to the center line of Railroad Avenue, abandoned; ;thence northwesterly; along the last - mentioned line, on a curve to the right, having a radius' of < 1922.58 feet, through a central angle, of 8' 06'- 18 ", an arc distance` of 27197 feet, (chord bears North 82q 39' 17" West,, 271.74 feet) to said production of the northeastern; line' of Lincoln Avenue; thence, along said produced line, North 55 ° -36' 10" West, 33.04 feet to the point of beginning: containing 0.629 of an acre, more or less. PARCEL 2: That portion of the land (50 feet wide) of Central Pacific Railway Company, formerly of The San Francisco and Alameda Railroad Company, bounded as follows: COMMENCING at the ,intersec tion of the southeastern line of Everett Street with the northeastern line of Noble Avenue; thence North 34' 23' 18" East along said line of Everett Street, 14.39 ,feet to the southerly line of the -land (50 feet wide) of the Central Pacific Rail- way Company, formerly of The San Francisco and Alameda- Rail road Company and the Actual Point of Beginning of the parcel of land to be described; thence continuing North 34' 23' 18" East along said line of Everett Street 34.21 feet to the center line of said Railway Company's land; thence northeast- erly along said center line, on a curve to the left, having a radius of .1910.08 feet, through a central angle of 5' 27' 55", an ,arc "distance of 182.20 ,feet, (chord' bears - North 78'; 14' 58 East,, 182.13 feet) to the southwestern line of Buena Vista Avenue; thence, South 55' 36' 25" East along last said line, 33.02 feet to said southerly line; thence southwesterly along last said south- erly line on a curve to the right, having a radius of 1935.08 - feet; through a central angle of 6 48' 16 ", an are distance of 229.81 feet, (chord bears South 78 16' 34 West; 229.67 feet) to the Actual Point of Beginning, containing an area of 0.118 of an acre, more or less. PARCEL 3: That portion of land (50 feet wide) of Central Pacific Railway Company, formerly of The San Francisco and Alameda- Railroad Company, ,bounded ' as follows: BEGINNING at the intersection of the southwestern line of Eagle Avenue with the southerly line of said Railway Company's land; thence, along said line of 'Eagle Avenue, - North 55' 36' 14" West, 26.02 feet to a point distant thereon, North 55' 36' 14 West, 100.35 c feet from the northwestern line of Broadway; thence South 75' 03' 05" West, 248.88 feet to the northerly line of said Railway Company's land; thence, along the last men- tioned line, South 68 28' 51 "West, a distance of 70.07 feet to a point; thence, westerly, continuing along last said line,' from a tangent which is the last described' course, on a curve to the right, having a radius of "1885.08 -feet through a central angle of 5 04' 43 an arc distance of 167.09 feet, (chord bears South 71' 01' 12 West, 167.04 feet) to a point , on the northeastern line of New Series Alameda 1 Ordinance No. 1213 Buena Vista Avenue as it now exists; thence, southeasterly, along last said line, ; on a curve to the left, having a radius of 310.83 feet; ' through a central angle of 10° "57' 52 ", an are distance of 59.48 feet (chord bears South 50 07' 29" East, 59.39 feet) to a point; ;thence, tan- gent to said -curve at last men- tioned point, South 55 36' 25" East, along last said line, a distance of 0.39 feet to a point on the southerly dine of said Railway, Company's land; thence, Northeasterly, along last said line, on a curve to the left, having a radius of 1935.08 feet, through a central angle of 4' 05' 46 an are distance of 138.34 feet, (chord bears North 70 ° '31' 44 East, 138.31 feet) ' to a ,point; thence; tangent to said curve at last men - tioned point, continuing along said - southerly line, North 68' 28' 51" East, a distance of 331.90 feet to the point of beginning, containing 0.464 of an acre more or less. PARCEL - 3-A: That portion of the land (50 -feet wide) of Central ' Pacific - Railway Company, formerly of The San Francisco and Alameda ' Railroad Company, bounded as follows: BEGINNING at the intersection of the southwestern line of Eagle Avenue with the northerly line of said Railway Company's land; thence, South 55' 36' 14` East, along said line of Eagle Avenue, a dis- tance of 34.38 feet to a point dis- tant thereon, North 55' 36' -14" West, 100.35 feet from the north- western line of Broadway; thence South 75' 03' 05" West, a distance of 248.88 feet to point on the north- erly line of said Railway Company's land; thence, North 68' 28' 51" East, along last said line, a distance of 227.99 feet to the point of begin - ning, containing 0.075 of an acre, more or less. PARCEL 4: That portion of the land (50 feet wide) of the Central Pacific Rail- way Company formerly of The San 'Francisco =and Alameda Railway Company,bounded as follows: BEGINNING at the intersection of the northeastern: line of Eagle Avenue with the northerly line, of said Railway; Company's land; thence, North 68' 28'51" East, along last said line, a distance of 84,18 feet to a point; thence easterly, continuing along lost said line, from a = tangent which is the last ' de- scribed course, on a curve to the right,; having <a radius of 3462.87 feet, rthrough a central angle' of 1 21' 43", an are distance of 82:31 feet (chord bears North 69° 09' 42 1 ,z " East, 82.31 feet) to a point on the northwestern` line of!Broad- way; , thence South 34 23' 02" West, along last said line, a distance of 83.97 feet to a 'point; thence South 76 29' 26" West, a distance of 71.91 feet to ;a point on said line of Eagle Avenue, ;distant thereon; North 55 36' 14" West, 48.22 feet from the northwestern line of 2Broadway; thence North 55' 36 14" West, along last said line of Eagle Avenue, f a distance of 45.92 feet, to the point of beginning, containing 0.120 of an acre, more or less. PARCEL: 5: That portion of the land (50 feet wide) of Central Pacific Railway Company, ; formerly of The ' San Francisco and Alameda Railroad Company, bounded as follows'. COMMENCING at al point on the southeastern (line of - Pearl Street distant thereon, North 34' 27' 25" East, 189.71 feet from the north- eastern line of Fernside Boulevard; thence North !76' 29' 26" East, i 80.60 feet to a point in the ;southerly line of said Railway Company's land, the last determined point being the Actual Point of Beginning; thence, continuing North 76' 29' 26 "- East, 192.91 feet to a point; thence north- easterly from a tangent which is the last described course, on a curve to the left, having a'radius of , 429,54 'feet, through a central angle of 9' 22' 35 ",; an arc distance of 70.29 feet (chord bears North 71° 48' 08 East, 70.22 -feet) to the northerly line of said Railway Com- pany's land; thence easterly along the last said line, on a curve' to the right, having a radius of 3462.87 feet, through a central angle of 2 14' 48 ", an are distance of 135.79 feet (chord bears North 89' 28' 01" East, ,135.78 feet) to the north- western line of , Versailles Avenue, as it now exists; thence southwest- erly, along said line of Versailles Avenue, on a curve to the right, having a radius of 600 feet through -a central angle of 6° 16' 13 ", an arc distance of 65.66 feet (chord bears South 40 36'r 2512" West, '65.63 feet), to the southerly line of said Railway Company's land; thence southwesterly, along last said line, on a curve to the left, having, a radius of 3412.87 feet; through a central angle of 5. 50' 31' , an arc distance of 347.98 feet (chord bears South 86 57' 39 1 ,z" ' West, 347.83 feet) to the Actual Point of Begin- ning, containing 0.255 of an acre, more or less. PARCEL 6: That portion of the land (50 feet wide)' .described in deed dated September 30, 1876 from N. W. Palmer to the Central Pacific Rail- road Company, recorded October 20, 1876 in Liber 133 of Deeds: at Page 261, Alameda County Records, bounded as follows: BEGINNING at the intersection of the southeasterly line of said land (50 feet wide) with the direct production southeasterly of a line drawn parallel with the south- western line of Harrison Avenue; abandoned, (formerly Washington Avenue) and distant, at a right angle," 30 feet northeasterly there- from, said parallel line being the southwesterly line of land (50' feet wide) described in deed dated October 5, 1876 from Win. H. Glass- cock, et al; to the Central' Pacific Railroad Company, recorded Octo- ber "20, 1876 in Liber 133 of Deeds at Page 257,' Alameda ''County Rec- ords; ; thence; southwesterly, along the 'southeasterly line of land de- scribed in said deed from N. W. Palmer to Central Pacific Railroad Company, on a curve to the right, having a radius of 741.78 feet, through a central angle of 3 18' 01 an are distance of 42.73 feet (chord bears' South 58° 54' 19?Y' West, 42.72 'feet) to the former southeastern line of Versailles Ave- nue; thence along last said dine, North 34' 27', 43 East, a,'distance 0 ` New Series. Alameda 1 O r d inances Ordinance No. 1213 of 37.44 feet to said line drawn parallel with the southwestern -line of Harrison Avenue, abandoned; thence South 60' 13''14" East, along last said parallel line,, 17.74 'feet to the point of beginning, containing 0.008 of an acre, more or less. PARCEL 7: COMMENCING at a point on the southwestern line of Harrison Ave - nue, abandoned, formerly Washing- ton Avenue, distant thereon South 61 04' 39" East, 287.78 feet from the southeastern dine of -Pearl Street (60 feet wide); thence north - easterly along the are of a curve to the left with -a radius of 429.54 feet, through ,a central angle of 0° 15' 16 an arc distance of 1.91 feet (chord bears North 44° 49' 24" East 1.91 feet) to the northwesterly line of the land (50 feet wide) described in deed dated September 30, 1876 from N. W. Palmer to Cen- tral Pacific Railroad Company, re- corded October 20, 1876 in Liber 133 of Deeds at Page 261, Alameda County Records; the last deter - mined point being the Actual Point of Beginning; thence, continuing northeasterly along the are of said curve to the left; having a ra- dius of 429.54 feet, through a central 'angle of 7° 18' 32 an arc distance of 54.79 feet, (chord bears North 41' 02' -30" East,. 54.76 feet), to the U.S. Pierhead and Bulkhead line of 1948; thence South 60° 13' 14" East, along last said line, a- distance of 20.16 feet to the northwesterly line of land (50 feet wide) described in deed dated , October 5, 1876 from Wm. H. Glasscock to the Central Pa- cific Railroad Company, recorded October 20, 1876 in Liber 133 of Deeds at Page -257, Alameda County ° Records; thence soutb- westerly, along last said -line - and the northwesterly line of said land described in said deed from N: -W. '.::Palmer to the - :.Central .:Pacific Railroad 'Company on a curve to the - 'right, ; having a radius of 691.78' feet, through a central angle of 5 07' 51", an are distance of 61.95 feet, (chord bears South 59° 39'- 35 West, 61.93 feet) to the Actual - Point - of Beginning, con- taining 0.012 of an acre, :more or less. PARCEL 8: That portion of the land (50 feet wide) of Central Pacific Railway Company, formerly; of The San Francisco and Alameda Railroad Company, bounded as follows: BEGINNING at a point on the northeastern line of Eagle! Avenue distant thereon, North 55 36' 14" West,; 48.22 feet from the north- western line of Broadway; thence, North 76° 29'; 26" East, 71.91 feet to said line of Broadway; thence, along the last mentioned line; South 34° 23' 02" West, 3.54 feet to the southerly line of said Railway Company's land; thence south westerly, along the last mentioned line, on a curve to the left, having • radius of 3412.87 ' feet, ' through • central angle of 0 09' 55 ", an are cdistance - of 9.84' feet ; (chord bears South 68° 33'r 48 1 ,z West 9.84 feet); thence southwesterly,' continuing along last said line, tan- gent to said curve at last mentioned point, South 68° 28' 51" West, a distance of 50.32 feet to said line of Eagle Avenue; thence, along the 1rlast mentioned line, North 55° 36' 14" West, 14148 feet to the point of beginning, containing 0.010 of an acre, more or less:? TOGETHER with all of the right, title and interest of Grantors, if any, in and to the following: (a)' Those portions of said Park Street, Lincoln Avenue and ;Ever- ett Street abutting upon said Par- cel 1. (b) Those portions of said Ever- ett Street and Buena Vista Avenue abutting upon said Parcel 2; (c) That portion of said Buena Vista Avenue abutting upon said Parcel 3. (d) That portion of said Versailles Avenue abutting upon said Par - cel 5. (e) That portion of said Versailles Avenue abutting upon said par - cel 6. EXCEPTING AND RESERVING in favor of Central Pacific Railway Company, its successors and assigns, the title and exclusive - rightto: all of the minerals and mineral ores` of every ,kind and character now known to exist or hereafter discovered upon; within or underlying all of the prop- erty, described in this indenture` or that may be produced therefrom;,in- cluding. without limiting the gen- erality of the foregoing, all petrol- eum, oil. natural gas and other by- dro- carbon_ substances and products derived therefrom, together; with the right- of Central Pacific Railway Company, its successors and assigns, of ingress and egress beneath the surface of said property , to <explore for, mine, extract and remove the same and to make such use of said property beneath the surface as is necessary or , useful.: in connection therewith, which use may _ include lateral or slant drilling, boring, dig- ging or sinking of wells; shafts or tunnels; provided that Central Pa- cific Railway Company, its succes- sors or assigns, shall not drill, dig, or mine through the surface of said property, in the exercise of said rights -and shall not disturb the sur- face of said ,property or otherwise develop the same in such manner as to endanger the safety of any street' or highway that may be con- structed on said property, upon the following terms and conditions: (a) That good and merchantable title in fee simple in said real prop- erty be conveyed to the City of Ala- meda, free and clear of all objec- tions, liens and encumbrances; City and County taxes to be prorated as of date of closing of this sale. , (b) That the title r to said real property be evidenced by policy of title insurance issued by Oakland Title Insurance Company; insuring title in the City, as provided in the preceding subdivision. (c) That upon deposit with said title company for delivery to the City of a good and sufficient deed of grant conveying said property to the City, and conditioned upon the issuance of a'title insurance cpolicy, as aforesaid, to be approved by the City Attorney, a warrant of the City be drawn for the sum of $179;750.00; payable to the order of and deliv ered to said Oakland Title Insurance Company, as escrow holder, for the Alameda City New Series Ordinances Ordinance No. 1215 purpose . of effecting the consumma- th. of said purchase and payment of title insurance and other expenses. Section 2. The sum of $125,000.00 is hereby appropriated from the Capital Outlays 'Fund (Account 225), and the sum of $54,750.00 is hereby appropri- ated from the Special Gas Tax Street Improvement Fund (Account 222), to pay the purchase price of said real property, cost of title insurance thereon, 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 pas- sage. R. P. I{RANELLY Presiding Officer of the Council Attest: SHIRLEY H.TENNIER City Cleric 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 assem- bled on the 2nd day of January, 1957, by the following vote, to wit: AYES: Councilmen Haag, Hove, McCall,' Moresi, President tranelly, (5). NOES: None, ABSENT: None. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 3rd day of January, 1957. SHIRLEY H. TE R (SEAL) City of of e Alamed e Alameda Publish Jan, 4, 1957.