Ordinance 2054CITY OF ALAMEDA ORDINANCE NO. 2054
New Series
AUTHORIZING GRANT OF EASEMENT FOR COMMUNICATION
PURPOSES TO HARBOR BAY ISLE ASSOCIATES
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ALAMEDA that:
Section 1 . The City of Alameda grant to Harbor Bay Isle
iates, a partnership whose general partners are Doric Develop-
ment, Inc., a California corporation, and Bay Farm Island, Inc.,
a Nevada corporation, the easement set forth in Exhibit A,
attached hereto and incorporated herein by reference.
directed to execute and to attest to, respectively, said easement
on behalf of the City of Alameda.
Section 3 . 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.
Attest:
City Clerk
PresidiW Officer of the Council
GRAI2T OF EASEf;ENT
The CITY OF ALAI4EDA, a municipal corporation ( "City "),
hereby grants to I:ARBOR BAY ISLE ASSOCIATES, a partnership
Whose general partners are Doric Development, Inc., a California
corporation, and Bay Farm Island, Inc., a Nevada corporation
c ,- nIA "), an assignable easement in gross for the installation,
construction, reconstruction, maintenance, repair, operation
and use of one or more underground conduits, service boxes,
wires, cables and other electrical and optional conductors as
well as underground and aboveground fixtures and appurtenances
necessary to any and all thereof for the purposes of transmission
and distribution of television signals and other communication
signals over and under the following:
(i) that certain property that is the subject of the
grant deed from Harbor Day Isle Associates to the
City of Alameda dated September 29, 1977, and recorded
October 17, 1977, at Reel 5095, Image 281, Instrument
No. 77- 206077, Official Records of Alameda County,
California;
(ii) that certain property that is the subject of a grant
easement from I.arbor Bay Isle Associates to the City
of Alameda dated September 29, 1977, recorded on
October 17, 1977, at Reel 5095, Image 286, Instrument
No. 77- 206078, Official Records of Alameda County,
California; and
(iii) that area designated Mecartney Road shown on the nap
designated Tract 3598 filed October 25, 1979, in Map
Book 85 of Maps at page 1, Official Records, Alameda
County, California.
Said grant of rights does not limit the City of
Alameda's right, to require (on a non - discriminatory basis)
licenses or franchises for the transmission and distribution of
television or other communications signals within the foregoing
easements, which right is hereby specifically reserved b the
City of Alameda. HBIA further agrees that neither it nor its
successors in interest shall assign or license the use of any
of said easements to any person who is not franchised or permitted
by City to distribute television or other communications signals
within the City of Alameda. HBIA or its successors in interest
shall dedicate and reconvey said easement to the City upon
payment to HBIA by City or its designee of all costs incurred
by BBIA or other HBIA project builders for the installation of
said fixtures in said easement.
Dated: 1981.
THE CITY OF ALATIEDA,
a municipal corporation
By
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 assembled on June 16, 1981,
by the following vote to wit:
AYES: Councilmen Diament, Gorman, Stone, and Vice Mayor Sherratt - 4.
NOES: None.
ABSENT: President Corica - 1
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
official seal of said City this 17th day of June, 1981.
Ctty Clerk of th City lameda