Ordinance 1282ORDINANCE NO. 1282
AN ORDINANCE AUTHORIZING
THE EXCHANGE OF CERTAIN
EASEMENTS FOR STORM
WATER 'SEWER PURPOSES
WHEREAS, ' public interest and
necessity require that certain ease -
ments -in real property hereinafter
described be acquired by the City of
Alameda for storm water sewer pur-
poses;and
WHEREAS, the owners, Denzil R.
and Olga M ,Patterson, of the real
property to be exchanged to the
City of Alameda; 'have agreed to ex-
change said easements in real prop-
erty for -other easements in real
property, owned by the City of Ala -
meda: hereinafter - described;
NOW - THEREFORE; r BE IT OR-
DAINED'BY THE COUNCIL OF THE
CITY OF ALAMEDA:
Section 1. That the City of Ala-
meda accept from ; Denzil R. and
Olga M Patterson the transfer of
that certain easement in real proper-
ty situate in the City: of Alameda,
County of Alameda, State of , Cali -
fornia, more particularly described
as fellows
COMMENCING on the south-
westerly line of Roosevelt Drive
(50 feet 'in- width) at the north-
ern extremity of the curve of -
10 -foot radius joining said line
of Roosevelt Drive with the
northwesterly dine ' of Regent
Street (60 feet in width);
THENCE along said southwest-
- erly lin? of Roosevelt Drive N
>56°, 50' 30" W, 40880 feet to the
TRUE POINT OF BEGINNING;
THENCE S 33 42' 40" r W, ;105 '
feet; - THENCE N 56° 50' 30" W,
5.00 feet: THENCE N<33 °42' 40 ":
E, ;105' feet:' THENCE 'S 56° '50''
30" E,` 5.00 feet to the 'TRUE
POINT ` OF BEGINNING;
and that in consideration therefor
tt City; of Alameda transfer to
the aforesaid Denzil R. and Olga
M. Pgtte *son that certain' easement
in real 'p -perty owned by the . City.
of Alameda, situate in the City of
Alameda, County of Alameda, State
w California, more particularly des-
cribed as follows:
A strip or parcel of land 10
feet in width; further described
as follows
COMMENCE at a point on the
southwestern line of - Roosevelt
Drive at the northern - extremity
of the ' curve of 10- foot` radius
joining said line of - Roosevelt'
Drive with the direct extension'
southwesterly of the north-
western ; line of Park Avenue, ;
' as said drive; curve: and :avenue .
are described in the deed from
Smith Lumber Company to the
City of Alameda, dated October
25, 1934, and recorded November
13, 1934, in Book 3 of Official
Records of Alameda County, at
page 198; run' thence north 56°
50' 30" west along said line of
Roosevelt Drive 30 feet to the
actual point of beginning of the
parcel) of land herein °described;
running thence south 30° 09'
30" west 170 feet to a point;
thence north '`56 50' 30" west
10 feet to a point; thence north
33° 09' 30" 'east 170 feet to a
point on sai d s southwestern line
of Roosevelt Drive; < thence along ,-
said last named line south- 56°
50' 30" east 10 feet to the actual
point of beginning.
Said exchange shall be subject to
the following terms and conditions:
(a) That good and merchantable
title in the said easement be con-
veyed to the City of Alameda, free
and clear of all objections, cliens
and encumbrances.
(b) That the title to the said ease-
ment in real property; conveyed to
the City of Alameda be evidenced
by a policy of title insurance issued
by the California_ Pacific Title 'In-
surance Company, a corporation,
insuring title in the City of Alameda
pursuant to Section I'(a) above.;
(c) That each party hereto ';shall
pay his own respective - closing <costs,
including title' insurance and escrow
fees:
Section 2. That there is hereby
appropriated from the Capital' Out-
lays Fund the amount of TWENTY-
FIVE ($25:00) - DOLLARS to pay for
the expenses set out in Section? I
(c) above
Section 3. That the Mayor of the
City of Alameda be; and he is here-
by authorized and directed to ex-
ecute for and on behalf of the City
of Alameda the necessary -doco
ments conveying the interest of the
City of Alameda in the easement in
real property referred to above, and
the City Clerk is directed to attest
to same.
Section 4. 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
WILLIAM M. McCALL
Presiding Officer of the
Council.
Attest:
SHIRLEY H. TENNIER
City Clerk,
rt" x
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'as-
sembied' on the 7th day of October,
1958, by the following vote, to wit:;
AYES: Councilmen Coliischonn;
Freeman; - Petersen, ; Schacht '' and
President McCall, (5).
NOES: ' None. ,
ABSENT: None.
IN WITNESS WHEREOF, I have
hereunto set; my hand c and affixed
the official seal of said City this
8th day of October, 1958.
(SEAL)
SHIRLEY H. TENNIER
City Clerk of the City of
Alameda.
Publish October 10, '1958.