Ordinance 1289
ORDINANCE NO. 1289
New Series
AN ORDINANCE AUTHORIZING
THE EXCHANGE OF REAL PROP-
ERTY BETWEEN THE CITY OF
ALAMEDA AND BAY VIEW DE-
VELOPMENT CORPORATION.
WHEREAS public interest and
necessity require that certain real
property hereinafter described be
acquired by the City of Alameda;
and
WHEREAS, the owner of said real
property, Bay View Development.
Corporation, a California corpora-
tion, has agreed to exchange said
real property for other real prop-
erty owned by the City of Alameda,
hereinafter described; and
WHEREAS, the values of the re-
spective parcels of real property are
equal;
NOW THEREFORE, BE IT OR-
DAINED BY THE COUNCIL OF
THE CITY OF ALAMEDA:
Section 1. That the City of Ala-
meda accept from Bay View De-
velopment Corporation, a California
corporation, the transfer of that cer-
tain real property situate in the
City of Alameda, County of Ala-
meda, State of California, more par-
ticularly described as follows:
COMMENCING at the point of in-
tersection of the southwesterly
line of Encinal Avenue, 115.00
feet in width, and the direct
extension southwesterly of the
southeasterly line of Fernside
Boulevard, 80.00 feet in width,
as said lines, avenue and boule-
vard now exist; said point of
intersection has the coordinates
of y - 461,165.37 feet and x -
1,499,916.64 feet based on the
California Coordinate System,
Zone III, as are all bearings and
distances in this description;
THENCE along the said direct ex-
tension of the southeasterly line
of Fernside Boulevard South 42°
20' 52" West 44.20 feet to its in-
tersection with Allardt's Line of
Ordinary High Tide as said line
is shown on the map entitled
"Map Number 2 of Salt Marsh
and Tide Lands, situate in the
County of Alameda, State of
California, 1871," prepared by
order of the Tide Land Commis-
sioners, and on file in the office
of said Commissioners in San
Francisco; said point is the
TRUE POINT OF BEGINNING;
THENCE continuing along the direct
extension of the southeasterly
line of Fernside Boulevard South
42a 20' 52" West 55.10 feet;
THENCE along a line which is paral-
lel with the aforesaid southwest-
erly line of Encinal Avenue
North 47° 40' 22" West 16.99 feet
to its intersection with the afore -
said Allardt's Line of Ordinary
High Tide;
THENCE along the last said line'
North 59 29' 02" 'East 57.68 feet
to the -TRUE POINT OF BE-
GINNING; (Area ' 0.011 acre)
and that, in consideration therefor,'
the City of Alameda `transfer to the
aforesaid Bay View Development
Corporation a California corpora-
tion, that certain meal property
owned by the City of Alameda, situ-
ate in the City of Alameda;" County
of Alameda, State of - California,
more particularly described as fol-
lows:
BEGINNING at the point of inter-
section of the southwesterly line
of Encinal Avenue, ':115.00 feet
in width, and the direct 'exten-
sion southwesterly; of the south-
easterly line of Fernside frBoule-
vard, 80.00 feet in width; as said
lines, avenue and boulevards now
exist; said point of intersection
has the coordinates of y; 461;-
165.37 feet and x- 1,499,916.64 feet
based on the California Coordi-
nate System, Zone III, as are all
bearings and distances in this
description;
THENCE along said southwesterly
line of Encinal Avenue South'
47 40' 22" East 13.63 feet to its
intersection with Allardt's cLine
of Ordinary High Tide as said
Allardt's Line is shown on the
map entitled "Map Number '2 of
Salt Marsh and Tide Lands, situ-
ate in the County of 'Alameda,
State of California, ;1871,'° =pre=
pared by order of the Tide Land
Commissioners, and on file -' in
the office of said Commissioners
in San Francisco;
THENCE along the last said line
South 59° 29' 02" West 46.26 feet
to its intersection with the afore-
said direct extension southwest-
erly of the southeasterly line of
Fernside Boulevard;
THENCE along the last said line
North 42° 20' 52" East 44.20 feet
to the BEGINNING. (Area' 0.007
acre).
Said exchange shall be subject to
the following terms and conditions:
(a) That good and merchantable
title in fee simple in the said real
property to be conveyed to the City
of Alameda be conveyed free' and
clear of all objections, 'liens - and
encumbrances; City , and County
taxes to be prorated as of' the Cdate
of closing of this exchange.
(b) That the title to said real prop-
erty conveyed to , the City of Ala-
meda be evidenced by a policy, of
title insurance issued by California
Pacific Title Insurance' Company in-
suring title in the City of 'Alameda
pursuant to Section 1(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 ap-
propriated from Street Department
Account 131.250 the sum of ;$50.00 to
a
w On
pay for the expenses set out in' Sec-
tion _l(c) above:
Section 3. That the Mayor of the
City of Alameda is = hereby;author-
ized to execute the deed of the City
of Alameda, for and on behalf of
the City of : Alameda, to the real
property to be conveyed by the City
of Alameda as described herein, and
the City Clerk is directed to attest
the same.
Section 4. This ordinance shall be
in full force and effect from and
after the expiration of thirty (39)
days from the date of its final
passage.
WILLIAM M. McCALL
Presiding Officer of
the Council
Attest:
SHIRLEY H. TENNIER
City Clerk
fienances New Series
Ordinance No. 1289'
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 16th day of December,
1958, } by the 'following vote, to wit:
AYES: Councilmen Collischonn
Freeman, Petersen, Schacht and
President McCall, (5).
NOES: None.
ABSENT: None.
IN WITNESS WHEREOF. I have
hereunto set my hand and affixed
the official seal of said City this
17th day of December, 1958.
SHIRLEY H. TENNIER
(SEAL) City Clerk of the
City of Alameda
Publish Dec. 19, 1958.