Ordinance 1240ORDINANCE NO. 1240
AN ORDINANCE AMENDING ORDI-
NANCE NO. 1213 N. S. RELATING
TO THE ACOUISTION OF CER-
TAIN REAL PROPERTY FOR
STREET, HIGHWAY AND GEN-
ERAL MUNICIPAL PURPOSES
(TILDEN WAY).
BE IT ORDAINED BY THE COUN-
CIL OF THE CITY OF ALAMEDA
that Ordinance No. 1213 New Series,
of the City of Alameda is hereby
amended as follows:
SECTION 1. That a new section to
be known and denominated as Sec-
tion 1.1 be added to Ordinance No.
1213 New Series, whereby certain
additional real property be purchased
by the City of Alameda from the
Central Pacific Railway Company and
the Southern Pacific Company, sub-
ject to the same conditions as set
out in Sections 1(a), 1(b) and 1(c) of
Ordinance i'Vo. 1213 New Series, as
amended herein; said additional real
property to be purchased by the City
of Alameda at no increase in the
compensation as set out in Ordinance
No 1213 New Series, Section 1. Said
additional real property is situate
within the City of Alameda, County
of Alameda, State of Ca lfornia, and
is more particularly described as
follows:
PARCEL 1:
BEGINNING at the intersection of
the direct production northwesterly
of the northeastern line of Lincoln
Avenue with the center line of Rail-
road Avenue, abandoned; thence
South 55° 36' 10" East, along said
produced line and said northeastern
line, 144.39 feet to a point distant
thereon, North 55° 36' 10" West, 9.27
feet from the most westerly corner
of Block "C," as said block is shown
on the map of "Alameda Station
Homestead Tract," filed March 14,
1868 in the Office of the County Re-
corder of Alameda County and of
record in Map Book 17, Page 60;
thence northwesterly, northerly,
northeasterly and easterly, along the
are of a curve to the right, with a
radius of 15 feet, the center of which
curve bears North 34 23' 50" East
from last mentioned point, an arc
distance of 40.045 feet to a point from
which the center of said curve bears
South 7° 21' 31" West; thence easterly,
along the are of a reverse curve to
the left, with a radius of 1955.08 feet,
through a central angle of 3° 53' 24 ",
an are distance of 132.74 feet (chord
bears South 84 35' 11" East, 132.71
feet) to the direct production north-
easterly of the southeastern line of
Lot 1 in said Block "C "; thence,
along said produced line, South 34°
23' 18" West, 5.83 feet to the southern
line of said Railroad Avenue; thence,
along the last mentioned line, east-
erly, on the are of a curve to the
left, with a radius of 1960.08 feet,
through a central angle of 8° 53' 14 ",
an are distance of 304.03 feet, (chord
bears North 89° 06' 45" East 303.73
feet), to the northwestern line of
Everett Street; thence, along the
direct production of the last men-
tioned line. North 34° 23' 18" East,
32.65 feet to the southerly line of the
land, (50 feet wide) of Central Pacific
Railway Company, formerly of The
Company; 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 "- 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 Febru-
ary 8, 1896 in Book 575 of Deeds,
Page 71, Alameda County Records;
thence, along the last mentioned line,
North 1 03' 54" East, a distance of
12.50 feet, more or less, to said center
line of Railroad Avenue; thence
northwesterly, along last said line on
a cave to the right, having a radius
of 1922.53 feet, through a central
angle of 8° 06' I8 ", an are distance
of 271.97 feet, (chord bears North
82° 39' 17" West, 271.74 feet), to the
point of beginning, containing 0.367
el 2n ac °2, more or less.
EXCEPTING from said Parcel 1,
that portion thereof that lies within
that portion of said Railroad Avenue
lying northerly of, adjacent to and
abutting upon Lots 6 and 7 in said
Block "C" of the "Alameda Station
Homestead Tract," containing 0.112 of
an acre, more or less.
PARCEL 2:
BEGINNING at a point on the
southwestern line of Eagle Avenue
distant thereon North 55 36' 14"
West, 8.08 feet from the northwestern
line of Broadway; thence parallel
with and distant at a right angle,
20 feet southerly from the center line
of the westward main track of the
former Interurban Electric Railway,
South 75° 03' 05" West, 509.58 feet to
the northeastern line of Buena Vista
Avenue; thence, along the last men-
tioned line, North 55° 36' 25" West,
1 83 feet to the southerly line of the
lind (50 feet wide) of Central Pacific
Railway Company, formerly of The
San Francisco and Alameda Railroad
Company; 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 11 ,
an arc distance of 138.34 feet, (chord
bears North 70° 31' 44" East, 138.31
feet) to a point; thence, continuing
northeasterly along last said line,
tangent to curve at last mentioned
point, North 68° 28' 51" East, a dis-
tance of 331.90 feet to said line of
Eagle Avenue; thence, along the last
mentioned line, South 55° 36' 14"
East, 66.25 feet to the point of begin-
ning, containing 0.281 of an acre,
more or less.
EXCEPTING from said Parcel 2,
that portion thereof that lies within
the parcel of land described in the
deed from Owen D. Cant and Wife
to Department of Veterans Affairs of
the State of California, dated January
14, 1949, recorded January 20, 1949,
in Book 5706 of Official Records of
Alameda County, Page 558 (Record-
er's Series AD/4275), containing 0.008
of an acre, more or less, being a
portion of the property described in
deed dated December 4, 1943 from
the Southern Pacific Company to
Robert A. Pick, et ux, recorded Janu-
ary 4, 1944 in Volume 4482, page 194,
Official Records of Alameda County.
ALSO EXCEPTING from said Par-
cel 2, that portion thereof that lies
within the parcel of land described
in the deed from John H. Harris and
Alameda Ordinance No. 1240
1� 1 New Series
dated May 29, 1948, recorded June 7,
1948 in Book 5521 of Official Records
of Alameda County, , page 439 (Re-
corder's Series AC/44884), containing
an area of 16 square feet, more or
less.
PARCEL 3:
BEGINNING at the intersection of
the northeastern line of Eagle Avenue
with the northwestern line of Broad-
way; thence, along said line of Eagle
Avenue, North 55° 36' 14" West 33.76
feet to the southerly line of the land
(50 feet wide) of - Central Pacific
Railway Company, formerly of The
San Francisco and Alameda Railroad
Company; thence, along the last
mentioned line, North 68 28' 51"
East, a distance of 50.36 feet to a
point; thence northeasterly„ continu-
ing along last said line, on a curve
to the right, from a tangent which is
the last described course, having a
radius of 3412.87 feet, through a cen-
tral angle of 0" 09' 56 an arc dis-
tance of 9.86 feet, (chord bears North
68° 33' 49" East, 9.86 feet) to said line
of Broadway; thence, along the last
mentioned line, South 34 23' 02"
West, 49.86 feet to the point of begin-
ning, containing 0.019 of an acre,
more or less.
PARCEL 4:
BEGINNING at a point on the
southeastern line of Broadway dis-
tant thereon North 34° 23' 02 East,
37.47 feet from the northeastern line
of Eagle Avenue; thence, along said
line of Broadway; North 34 °'23' 02"
East,' 104.40 feet; thence North 76
29' 26" East, 622.04 feet to the north-
western line of Pearl Street; thence,
along the last mentioned line, South
34 °,27' 25" - West, 104.55 feet; thence
South 76° 29' 26" West, 621.86 feet to
the point of beginning, containing
0.999 of an acre, more or less.
EXCEPTING' from ' said Parcel 4
that ,portion thereof that lies within
the 8852 square foot : parcel of -land
described in the deed from Southern
Pacific Company; to Daniel G. Beck-
nell and Ethel M. Becknell, dated
October 3, 1940, recorded October 30,
1940 in Book 3965 of Official Records
of Alameda County, Page 378 (Re-
corder's Series MM/59014) containing
0.003 of an acre, more or less.
PARCEL' 5:
BEGINNING at the most easterly
corner of that certain, 15121 square
foot parcel of land, described in deed
dated July 24, 1941 from Southern
Pacific Company to Sidney ,Traver,
recorded August 27, 1941 in Volume
4115, page 150, Official Records of
Alameda - County, said corner being
a point on the northwestern line of
Pearl Street; thence North 55 °38' 17"
West, along the northeasterly line of
said 15121 square foot parcel, a dis-
tance of 50.65 feet to the most north-
erly corner of : said parcel; thence
South 75 03' 05" West, along the
northerly line of said parcel, a dis-
tance of 182.37 feet to the most west-
erly corner of said parcel; thence
South r 55° 38' -17" East, along the
southwesterly line of said parcel, a
distance of 43,32 feet; thence North
69 43 33" West, along the southerly
line of that - certain parcel of land
described in deed dated October 1,
1909 from Eliza Kelly to Southern
Pacific Company, recorded October
2; 1909 in Book 1616 of Deeds,; Page
457, Alameda County' Records, L a > dis-
erly corner of the parcel of land
described in deed dated October 1,
1909 from John Tregloan to Southern
Pacific Company, recorded October
2, 1909 in Book 1616 of Deeds, Page
459, Alameda County Records; thence
South 85 41' 08" West, along the
southerly line of last said parcel of
land, -a distance of 162.17 feet; to a
point in the southeasterly line of
that certain parcel of land described
in deed dated July 31, 1906 from
Lovinah B. Jones and . George . C.
Jones, her husband, to Southern Pa-
cific Company, recorded February 23,
1907 in Book 1340 of Deeds, Page 17,
Alameda County Records; thence
Solith 34d 23' 02" West, along last
said line, a distance of 127.35 feet to
the most easterly corner of that cer-
tain 8852 square foot parcel of land
described in deed dated October 3,
1940 from Southern Pacific Company
to Daniel G. Becknell, et ux, recorded
October 30,1940..in Book 3965 of
Official Records of Alameda County,
Page 378 (Recorder's Series >MM /-
59014); thence North 55 38' 17" West,
along the northeasterly' line of last
said parcel, a- distance of 115.27 feet
to a point in a line drawn North
76 29' 26 ", East from a point on the
southeastern line of Broadway, dis-
tant thereon North 34* 23' 02" East,
37.47 feet from the northeastern line
of Eagle Avenue; thence North 76°
29' 26" East, along said line so drawn,
a distance of 584.74 feet to said north-
western line of Pearl Street; thence
South 34° 27' 25 West, along last said
line, a distance of 60.68 feet to the
point of beginning, containing 0.277
of an acre, more or less.
PARCEL 6:
BEGINNING at a ; point on the
southeastern line of Pearl Street dis-
tant thereon, North 34 27' 25" East,
189.71 feet from the northeastern line
of Fernside Boulevard; thence North
76 29' 26" East, 80.60 feet to the
southerly line of the land (50 feet
wide) of Central Pacific Railway
Company, formerly of The San Fran-
cisco and Alameda Railroad Com-
pany; thence, along the last men -
tioned line easterly, ' on a curve to
the right. having a radius of 3412.87
feet, through a central angle of 3°
13' 21 an are distance of 191.95 feet,
(chord bears North 85° 39' 04?2" East,
191.92 feet) to the eastern corner of
the parcel of land described in the
deed from T. L. Barker, et ux, to
Southern Pacific Company dated Feb -
ruary 4, 1907, recorded February 23,
1907, in Book 1296 of Deeds, Page
379, Alameda County Records; thence,
along, the southerly line of said
parcel, South 76° 03' 37" West, 54.10
feet to the most easterly corner of
the parcel of land described as Parcel
II in the deed from State of Cali -
fornia, ; et al, to Southern Pacific
Company dated February 23, 1940,
recorded March 14, 1940 in Book 3906
of Official Records of Alameda Coun-
ty, Page 95; thence, along the south-
erly line of last said parcel, South
67 36' 53" West, 49.76 feet to the
southeastern line of the parcel of
land described in the deed from
Linwood Palmer, et al, to Southern
Pacific' Company, dated June 5; 1906,
recorded February 23, -1907 in Book
1340 of Deeds, Page, 14, Alameda
County Records; thence, along the
last mentioned line, South 34 °;27' 25"
West, 46.85 feet to anpo int in , a line
Alameda C m
Ordinance No. 1240
�� New Series
point on said line of Pearl Street
distant thereon, North < 34 27' - 25"
East, r 85.16 feet from said line: of
Fernside Boulevard; thence, along
the line so drawn, South 761 29''26"
West, 176.65 feet to the northeastern
line of that certain 11681 square foot
parcel of land described in the deed
from Southern Pacific Company: to
Henry H. Andrews, et ux, dated April
1, 1943, r' recorded April- 24, ,1943 in
Book 4374 of said Official < Records,
Page . 118; thence North 69' 58' : 56"
West, along the last mentioned line;
22.82 feet to the most northerly
corner - of said -11681 square ,foot
parcel, said corner being a point on
said southeastern line of Pearl Street;
thence North 34° 27' 25" East, along
the last mentioned line, 85.71 feet to
the point of beginning; containing
0.328 of an acre, more or less.
PARCEL 7:
COMMENCING at a point in the
southeastern '.ine of Pearl Street that
is the most northerly corner of that
certain 11681 'square foot parcel of
land deeded by the Southern Pacific
Company April 1; 1943 to Henry H.
Andrews and Mildred M. Andrews;
his wife, recorded April 24, 1943; in
Book' 4374, Page; 118, Official Records
of Alameda County; thence South
69 58' <56" East; along the northerly
line of said parcel, 22.82 feet to the
Actual Point of Beginning of 5 the
parcel ol;land to be described; thence,
continuing South 69 ' 58' 56" East,
along said linty and along the norther-
ly line of that certain 5460 square
foot ,parcel of land deeded by the
Southern Pacific Company November
26, 1943' to Henry H. > Andrews and
Mildred M. Andrews, his wife, re-
corded :March 3,s 1944, in Book 4517,
Page 97, Official Records of Alameda
County, : a distance of '122.14 feet to
the southeastern' line of the parcel
of land described in the deed= from
Linwood' Palmer, ' et al, to 'Southern
Pacific Company; dated June 5, 1906,
recorded' February 23, 1907, in Book
1340 of - Deeds,' Page 14, Alameda
County Records; ', thence North 34
27' 25" East, along last said line, a
distance of 100.75 feet to a point; in
a line drawn North 76' 29' 26 "- East
from a point on said line of Pearl
Street distant thereon ;North 34 27'
25" East;' 85.16 feet from the north-
eastern line of Fernside Boulevard;
thence; South 76 °'.29' 26 "' West, ;along
said line so drawn, a 'distance of
176.65 feet to the Actual Point of
Beginning, containing !0.137 of ` an
acre, more or less.
PARCEL 8:
BEGINNING 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 line of Pearl Street (60
feet wide); thence southwesterly,
along the are of a curve to the right,
with ar radius of ;429.54 :feet, through
a central angle of 22° 09' '49 ", an are
distance of 166.16 feet, (chord bears
South 56 01' 56 " West,'165.12 feet)
to the northerly line of the land
(50 feet' wide) - of Central Pacific
Railway Company, formerly of The
San' Francisco: and Alameda Railroad
Company; thence, along the last men-
tioned line, easterly on a curve to
the right; having r a radius of 3462.87
feet,_through a central angle of 2*
(chord bears North 89 °- 28' 01" East,
135.78 feet), to the northwestern line of
Versailles Avenue as it now 'exists;
thence, along the last mentioned line;
northeasterly on the are of a 'curve
to the left, with a radius of 600 feet
through a central angle of 6 15' 321
an arc distance of 65.54 feet, (chord
hears 'North 34 20' ;33" East, "65;51
feet) to the southeasterly line of the
land described in deed dated Septem-
ber 30, 1876 from N. W. Palmer to
Central Pacific Railroad 'Company,
recorded October 20, -1876 in Liber
133 of Deeds at Page 261, Alameda
County: Records; thence, along the
last mentioned line, .northeasterly on
a curve to the left having a radius
of 741.78 feet, through a central angle
of 0' 41' 37' an arc distance of 8.98
feet, - (chord bears North 60 54 08
East 8.98 feet) to the former south-
eastern line- of Versailles Avenue;
thence, along the last mentioned line
and the northeasterly prolongation
thereof, North 34° 27' 43" East, 37.44
feet to a point; in a line, parallel with
and distant at right r angles, °30 feet
northeasterly from said southwestern
line of rHarrison Avenue, abandoned,
said - parallel line being the 'south-
westerly line - of land described ' in
deed' dated October 5, 1876 from Win.
H. Glasscock,' et al; to the Central
Pacific 'Railroad Company, recorded
October 20, 1876 in Liber 133 of Deeds
at Page 257, Alameda County Records;
thence South 60 13' 14" East, along
last said parallel line, ; 17.74 feet- to
the most southerly; corner of land
described in last said 'deed; thence,
along the southeasterly line of said
land, northeasterly on ;a curve to the
left,; having a' radius of 741.78 feet;
through a central angle of 2 °'08' >17'",
(chord bears North 56° 11' 10?z East;
27.68 ''feet) an arc distance of 27.68
feet, to the U; S. Pierhead and Bulk
head line of 1948; - thence, along the
last mentioned line, North 60 13' '14"
West, :55.78 feet to the northwesterly
line of land 'described' in last: said
deed; = thence ; southwesterly, ; along
last said line and the northerly line
of land described in said deed dated
September 30, 1876 from N. W. Palmer
to the Central Pacific Railroad; Com-
pany, on a curve to the right,' having
a 'radius of 691.78 feet, through -a
central angle of 5° 07' 51 ",` an arc
distance of :61.95 feet, (chord bears
South 59° 39` 351Y' West, 61.93 feet)
to the direct production northeaster-
ly, from the point of beginning, of
the aforementioned are of curve with
a radius of 429.54 feet; thence, along
said ',produced >are, southwesterly on
said 'curve with a ' radius of - "429.54
feet, through a central angle of ' 0
15' 16 (chord bears South 44" 49' 24"
West, 1.91 feet), an are distance of
1.91 feet to the point of beginning,
containing '0,233 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 Lincoln Ave-
nue and Everett' Street abutting
upon said Parcel l:
(b) That portion of said Buena
Vista Avenue abutting upon
said Parcel 2; and
(c) That portion of the parcel of
land described as Parcel -2 In
the deed from Mary E. 'Sawyer
to Southern Pacific Company;
c dated >November s19, 1906, re-
corded in Book 1324 of Deeds,
a
Alameda
Ordinance Na. 1240
l� New Series -
from Southern Pacific Comppany
to Central Pacific Railway Com -
pany; dated April 21, 1950, <re-
recorded May 10,!1950 in ;Book
6103 of Official Records of Ala-
meda County, Page '543.
(d) All those portions of Broadway
and Eagle Avenue that rlie
southerly of the northerly line
of land (50 feet wide) described
in condemnation- case No. ,1578
in the District -Court of the
Third Judicial District of the
State of California in and for the
County of Alameda entitled,
"The San Francisco and Ala-
meda Railroad Company, Plain-
tiff, vs Peder Sather, et al; De-
fendants," the order confirming
the Commissioner's Report on
said case being dated November
23, 1874; and northerly of a dine
drawn' North 77° 33' 45" East,
from a point in the southwest-
ern line of Eagle Avenue, dis-
tant thereon, North 55 36' 14"
West, 16.20' feet -from the north-
western line of Broadway.
(e) All that portion of said Pearl
Street that lies southwesterly; of
a line drawn; North 76 °:29' 26°
East from a point in the south-
eastern line of Broadway, dis-
tant thereon, North 34° 23' 02"
East; 141.87 feet from the north-
eastern line of F.apje Avenue,
and northeasterly of a line
drawn at 'a right -angle to the
southeastern line of said Pearl
Street at the intersection there-
of, with the southwestern line
of Fernside Boulevard.
(f) All that portion of Fernside
Boulevard that : lies , within the
parcel of land described in deed
dated February 5,1909 from F.
N. Delanoy, et al, to Southern
Pacific Company, recorded Feb-
ruary 11, 1909 in Volume' 1579
of Deeds, page -76, Alameda
County Records.
(g) That portion of said Versailles
Avenue abutting upon said
Parcel 8.
EXCEPTING AND RESERVING in
favor of Central Pacific Railway; Com-
pany, its successors and assigns, the
title and exclusive ;right to 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 property; described in this inden-
ture or that may be produced there-
from,' including, without limiting the
generality of the foregoing, all petro-
leum, oil, natural gas and other hy-
drocarbon substances and products
derived therefrom, together with the
right of Central Pacific Railway Com-
pany, its successors and assigns, of
ingress = and egress beneath the sur-
face of said property to explore for,
mine, extract and remove the same
and to make such use of said prop-
erty beneath the surface as is'neces-
sary or useful' in connection there-
with, which use may include lateral
or slant - drilling,' boring, digging or
sinking of wells, shafts or tunnels;
provided that Central Pacific Railway
Company- its successors 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 surface of said property
or otherwise develop the same in such
manner as to endanger the safety of
SECTION 2. That Section l(b) of
Ordinance No. 1213 ; New Series is
hereby amended to read as follows:
(b) That the title to said real prop-
erty be evidenced by policy of _title
insurance issued by a duly licensed
title insurance company, insuring
title in the 'City, as provided in the
preceding subdivision.
SECTION 3. That Section 1(c) of
Ordinance No. 1213 New Series ` is
hereby amended to read as follows:
(c)Thatupondepositwithsaid -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 policy; as aforesaid;
to 've 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 ,delivered to a- duly
licensed title insurance company, as
escrow holder, for the purpose of
effecting the consummation of said
purchase and payment of title insur-
ance and other expenses.
SECTION 4. The herein ordinance
is, and is hereby declared to be, an
ordinance enacted in the event of
great emergency or necessity and is
to be introduced, passed and become
effective at one and the same meet-
ing, pursuant to Section 3 -12 of the
Charter of the City of Alameda. The
following is a declaration of the facts
constituting the great emergency or
necessity:
Ordinance No. 1213 New Series,
which the herein ordinance amends;
failed to describe fully the real prop -
erty - intended ' to be conveyed to the
City of Alameda It, is, ;therefore, nec-
essary to amend Ordinance No. 1213
New Series to include= the 'full de-
scription. Escrow instructions filed in
this transaction by the vendors re-
quire that the escrow- be closed and
the transaction consummated by July
15, 1957. It is to the direct benefit of
the City of Alameda that said trans-
action be consummated. The usual
procedure and time limitations on the
passage and , of ordi-
nances would not allow the July 15,
1957, deadline to be met. Other
amendments set out herein are tech-
nical in nature.
SECTION 5. This ordinance, being
an ordinance enacted in the event of
great emergency or necessity, shall
be introduced and passed at one and
the same meeting and shall become
effective immediately.
WILLIAM M. McCALL,
Presiding Officer of the Council.
ATTEST:
SHIRLEY H.TENNIER,
City Clerk.
1, 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 July; 1957, by
the 'following vote, to-wit:
AYES: Councilmen Freeman, Haag,
Petersen, Schacht and President Mc-
Call (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 July, 1957.
SHIRLEY H TENNIER,
City Clerk of the City of Alameda.