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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.