Ordinance 1326Ordinance No. 1326
ORDINANCE No. grant conveying said property to
13,269 said City and conditioned -upon the
issuance of a title insurance policy,
New Series as aforesaid, to be approved by the
AN ORDINANCE AUTHORIZING
THE ACQUISITION OF CERTAIN
REAL PROPERTY FOR 'STREET,
HIGHWAY AND GENERAL MUNI-
CIPAL PURPOSES (TILDEN WAY-
FLEMING)
`,WHEREAS, public interest and ne-
cessity require that the real prop-
erty hereinafter described be ac-
quired by the City of Alameda for
street; highway and 'general munici-
pal purposes; and
WHEREAS, Percy D. Fleming and
Bess Fleming, his wife as joint
tenants; are the owners of the real
property,: hereinafter described and
are willing to sell the same to the
City of Alameda for the sum of SIX-
TEEN THOUSAND FIVE HUNDRED
($16,500.00) 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 Percy D. Flem-
ing and Bess Fleming, his wife, for
Lhesurn of $16,500.00, that certain .
real property situated in the City of
of Alameda, County of Alameda,
State of California, more particularly
described as follows:
Block No. 1 in Jenks and Meade
Homestead Tract, as reference to
the plat on file in the Recorder's
Office of the County of Alameda
will more fully show; being a tri-
angular piece of land bounded on
th a North by Buena Vista Avenue,
on the West by Everett Street and
on the Southeast by the railroad
right -of -way.
On the following terms and condi-
tions:
(a) That good and merchantable
title in fee - simplein'saidreal prop-
erty be conveyed to the City of Ala-
meda, free and clear of all objec-
tions, liens and encumbrances; City:
and County taxes to be prorated as
of the date of closing of this sale,
(b) That the title of real prop-
erty be evidenced by a policy of
title insurance, insuring title in the
City, as provided in the preceding
subdivision.
(c) That upon deposit with said
title: company for :'delivery . - :to:.the
City of a good and sufficient deed of
City Attorney, a warrant of the City
be drawn' for $16,500.00, payable to
the order of said title insurance com-
pany, as:. escrow ':holder, :for the ,pur-
pose of effecting the consummation
of said transaction:
Section 2. That the sum' of $16;-
500.00, together with a sum suffici-
ent to cover cost of title' insurance
and other incidental expenses to said
transaction is hereby appropriated
from the ;Special Gas Tax Street Im-
provement Fund (Account 222) to
pay the purchase price of said 'real
property ..:and cost of said title in-
surance policy.
Section 3. This ordinance is de-
clared a great emergency or neces-
sity measure in accordance with :Sec-
tion 3 -1.2 of the Charter. This deter-
mination is predicated upon a find-
ina that this allocation is necessary
to avoid the imposition of severe
economic hardship to the Seller.
Section 4. This ordinance being
enacted in the event of great emer-
gency and necessity shall be adopted
and become effective at one and the
same meeting.
WILLIAM M. McCALL
Presiding Officer of the
Council
Attest:
SHIRLEY H. TENNIER
City 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 regular meeting assem-
bled on the 3rd day of November,
1959, by the following vote, to wit:
AYES: Councilman Collischonn,
Freeman, Schacht and President
McCall, (4),
NOES: None.
ABSENT: Councilman Petersen,
( •
IN WITNESS WHEREOF, I have
hereunto set my band and affixed
the official seal of said City this
4th day- of November, 1959,
SHIRLEY H. TENNTER
(SEAL) City Clerk of
the City of Alameda
Publish: Friday, November 7, 1959.