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Ordinance 1323ORDINANCE No. 1323, THE ACOUISITION OF CERTAIN REAL PROPERTY FOR STREET, HIGHWAY AND GENERAL MU- NICIPAL 'PURPOSES (TILDEN WAY ROSENBERG AND RAUSHER) WHEREAS, public interest and ne- cessity require that the real property hereinafter described be acquired by the City of' Alameda <for street, high- way and general municipal purposes; and WHEREAS, Frances A. Rosenberg and Barbara 'i R. ' Rausher are the owners of the real property herein- after - described and are willing to sell the same to the City of Alameda for the sum of TWELVE THOUSAND ($12;000 00) DOLLARS; NOW THEREFORE, BE IT OR- DAINED BY THE COUNCIL. OF THE CITY OF ALAMEDA: Section 1. : That the City of Ala- meda purchase from Frances A Ro- senberg and "Barbara =R. Rausher, for the 'sum of j,$12,000.00, that 'certain real property situated in the City of Alameda County of 'Alameda, State of California and more particularly described as follows: COMMENCING at a point on the westerly line of Everett Street, dis- tant thereon 223 feet southerly from th, intersection thereof with the southern line of Buena Vista Ave- nue, running thence westerly, par- allel with said line of Buena' Vista Avenue, one hundred feet; 'thence southerly, parallel with said line of Everett Street 100 <feet and five inches to the northern line' of the right -of -way of the Central Pacific Railroad; thence northeasterly, along said last named line one hun- dred and thirty; feet five inches more or less, to the western? line of Everett Street, and thence norther- ly, along said line of Everett Street', seventeen feet, four inches,; to the point of commencement; being por- tion of Foley Tract, ;so- called, on the following terms and .::condi- tions: (a) That good and > merchantable title in fee simple in said real pro- perty be conveyed to the City of Alameda, free and clear of all ob- jections, liens and 'encumbrances;' City and County taxes to be prorated' as of the date of closing of this sale. (b) That the title of said real pro (e That upon deposit with said tAle'cornpany for delivery to the City rf a;.good and sufficient deed of grant conveying said property to said City and conditioned upon the issuance of 'a title insurance policy, as afore- said, to be approved by the City Attorney, a' warrant of the City be drawn for $12,000.00 payable to the order of and delivered to California Pacific Title Insurance Company,; as escrow holder, for the purpose of ef- fecting the : consummation of said purchase and payment of ` title -in- surance. Section 2. That the sum of $12,000.00 is hereby appropriated from the Special Gas Tax Street Improve- ment Fund (Account 222) to pay the purchase price of said real; property. Section 3: That a sum sufficient to Pay the cost of title insurance, escrow fees, and other expenses ;attendant to this = transaction, and as approved by the City' Manager, is hereby appro- priated from the Special Gas Tax Street Improvement Fund '(Account 222):, 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. RICHARD P. SCHACHT, Presiding' Officer of the Council Attest: SHIRLEY H, TENNIER City r,Clerk 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 adjourned regular meet- ing assembled on the 27th day of Oc- tober, 1959, by the following vote, to wit AYES: Councilmen Freeman, Pe- tersen and = Vice President > Schacht; (3).< NOES: None. ABSENT: Councilman Collischonn and :President McCall, (2). IN WITNESS WHEREOF, I have hereunto set my hand and affixed' the official seal of said -City this 28th day of October; 1959. SHIRLEY H. TENNIER (SEAL) ,City Clerk : of the City of Alameda. Publish October 30, 1959.