Resolution 02094RESOLUTION NO. 2094
AUTHORIZING FURCHASE OF REAL PROPERTY. FOR PARK AND PLAYGROUND
PURPOSES, AHD SETTLEMENT 1ED COMPROMISE OF CLAIM OF BIANCA
CONTI ROYCE.
MEREAS, in the opinion of the Council of the City of Alameda, public interest
and necessity require that Franklin Park in said city be completed; and
WHEREAS it is necessary that the real property hereinafter described, lying
adjacent to said Franklin Park, be acquired by purcbeee, to be held by the City of
Alameda for the uses and purposes of a public park and playground; and
WHEREAS Bianea 'Conti Royce did heretofore institute in the Superior Court of
the State of California, in and for the Count y of Alamede, an action entitled "Bianca
Conti Royce, Plaintiff, vs. City of Alameda, a municipal corporation, Defendant," and
numbered. 140645 on the files therein, praying for the abatement of said Franklin Park
adjacent to the property of said Bianca Conti Royce hereinafter described, and for
damages; and
WHEREAS the claim of said Bianca Conti Royce is disputed by the City of Alameda;
and Whereas the said Bianca Conti Royce has agreed to settle and compromise the said
action, and to release the City of and from every claim, demand, right or cause of ,action
which she may have against the City of Alameda, upon payment to her of the sem of 4100.,
and for the further consideration that the City purchase from her for the sum of $5900
the real property hereinafter described; and
WHEREAS an agreement in writing, embodying the terms of said settlement and
compromise, and the terms of purchase of said real property, has been executed by said
Bianca Conti Royce, a copy of which agreement is hereto annexed, narked Exhibit A and
by reference made a part hereof, wherein said Bianca Conti Royce agrees to convey to
the City of Alameda the real property- hereinafter described, free and clear of all
liens and encumbrances, but subject to city and county taxes for the fiscal year
1936-37, for the sum of 45900., and compromise the said claim for the sum of 4100;
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Alameda, that
the City of Alameda purchase from said Bianca Conti Royce, for the sum of $5900, the
following described real property situate, lying and being in the City of Alameda,
County of Alameda, State of California, to-wit:
BEGINNING at e point on the Southwestern line of
San Antonio Avenue distant thereon Northwesterly One
Hundred and Thirty feet from the point of intersection
thereof with the Northwestern line of Paru Street, as
said Avenue and Street are shown on the Map hereinafter
referred to; and running thence Westerly along said
line ef San Antonio Avenue fifty feet; thence at right
angles Southwesterly One Hundred and Fifty feet; thence
at right angles Southeasterly Fifty feet; and thence
et right angles Northeasterly One Hundred and Fifty feet
to the point of beginning.
BEING Lot Numbered 7 and the Southeastern Five
feet of Lot Numbered 8, in Block Lettered "J", se said
Lots and Block are delineated and so designated upon
that certain Map entitled, "Map of Oak Park, Encinal
of Alameda, Alameda County, California" filed October
26, 1876, in Liber 1 of Maps, at page 103 in the office
of the 'County Recorder of Alameda County.
ES IT FURTHER RESOLVED that the Mayor of the City- of Alameda be, and he is
hereby, authorized and directed to execute, for and on behalf of the City of Alameda,
the aforesaid contract for the purchase of said real property, and for the compromise
and settlement of said claim.
BE IT EURTHER RESOLVED that the compromise offered by said Bianca Conti Royce
in settlement of her claim aforesaid, in the sum cf 4100, be, and the same is hereby
approved.
BE IT FURTHER RESOLVED that upon approval by the City Attorney of the title to
said real property, said title to be evidenced by a roliCy of title insurance issued
by the Oakland Title Insurance and Guaranty Company, the City cf Alameda accept a con-
veyance of said real property, and that the City Auditor and City Treasurer he, and
they are hereby authorised and directed. to issue a warrant against the treasury of the
City of Alefeda, payable to the order of Oakland Title Insurance and Guaranty Company,
and that the eame be delivered to said title company for the account of said Bianca
Conti Royce, to be paid upon delivery and recordation of said deed, and that the City
Attorney and all other proper officials of the city be, and they are hereby directed
to do and cerfort-alilaCts required tc carry out the provisio'ns of this resolution
and of said contract.
I, the undersigned, hereby certify that the foregoing Resolution was duly
and regularly introduced and adopted by the Council of the City of Alameda in
adjourned regular meeting assembled on the 15th day of September, 1936, by tho follow-
ing vbte, to wit:
AYES: Councilmen Godfrey, Morris, reichhart and Preeident Eschen,
NOES: None.
ABSENT: None,
(4).
TN WITNESS WHEREOF, I have hereunto set my hand and affixed the official
seal of said City this 16th day of September, 1936.
D. EL DYER
(SEAL) City Clerk of the ,City of Alameda
AGREEMENT OF SATE AND SETTLEMENT AND
COMPROMISE CF CLAIM
THIS AGREEMENT, made ,this day of September, 1936, by and between the
City of Alameda; a municipal corporation, the first party; and Bianca Conti Royce,
second party,
NITNESSETH:
WHEREAS second party did heretofore institute in the Superior Court of the
State of CallfornEa, in and for the County ef Alameda; an action entitled Bianca Conti
Royce, Plaintiff vs. City of Alameda, a municipal corporation, Defendant, and numbered
140645 onethe filer therein, praying fur the abatement of a certain public park and
playground maintained by first party adjacent to the property of second party herein-
after described, and for damages, and
WHEREAS the parties hereto have agreed that in consideration of the payment
by first party to second party of the sum of Six Thousand Dollars (3000), aecend
party will settle and compromise said action., and convey to first party the real
property hereinafter deaeribed,
NOW ThEREFORE, in conaideratioa of the premiaes, and upon payment by first
party of the sum or Six Thousand Dollars (0000); the second party agrees to sell and
convey' to first party the following described real property situate, lying and being
in the City if Alameda, County of Alameda, State of California, to-wit:
BEGINNING at a point on the Southwestern line of San Antonio
Avenue distant thereon Northwesterly One Hundred and Thirty
feet from the point of intersection thereof with the North-
western line of Peru Street, as said Avenue and Street are
shown on the Yap hereinafter referred to; and running
thence Westerly along said line of San Antonio Avenue Fifty
feet; thence at right angles Southwesterly One Hundred and
Fifty feet; thence et right angles Southeasterly Fifty feet;
and thence at riGht angles Northeasterly One Hundred and Fifty
feet to the point of beginning.
BEING Lot Numbered 7 and the Southeastern Five feet or Lot
Numbered 8, in Block Lettered "J", as said Lots and Block
are delineated and so designated ueon that certain Map entitled,
"Map of Oak Park, Encinei of Alameda, Alameda County,
California" filed October 28, 1875, in Liber 1 of Mars, at
page 103 in the office of the County Recorder of Alameda
County,
and to release and discharge the City of ILlameda, first party, of and from any and
every claim, demand, right or cause cf action, of whatsoever kind or nature, by
reason of the maintenance and operation by said fiorat party of a public park and
elayground adjacent to the property of second party hereinbefore described, and from
all claims of every kind, nature and character, against first party from the
beginning of the world to the vesting of title to the herein described property in
first party.
The value of said real property is hereby stipulated to be t*r sum of Fifty-
nine Hundred Dollars (45900).
Title to said real property Shall be evidenced by a eolicy of title insurance
issued by the Oakland Title Insurance and Guaranty Company. First party shall be allowed
fifteen days from the date hereof for the examination of title to said property, and to
report in writing any valid objections thereto to first party. At the expiration of
said time, if no such objections to the title are reported by said Oakland Title Insurance.
and Guaranty Company, first party shall deposit t.e sum of Six Thousand Dollars (46000)
with said Oakland Title Insurance and Guaranty Company for the account of second party,
and said second party shall, rithin ten days from the date of such deposit, deliver to
said title company, the following documents properly executed by second party:
(a) A good and sufficient deed of grant conveying to first party
the real, property herinbefore described;
(b) A release by seoond party of all claims against first party,
in for approved by the City Attorney of first party;
(c) A dismissal with prejudice of the aforementioned action,
duly signed by second party's attorneys.
Second perty agrees to convey said property with an unqualifiedly valid and
merchantable title in fact and of record, entirely free of any defect, restriction,
lien or encumbrance not herein expressly excepted, or herein specifically aesumed by
first party.
If any such objections to title are shown on the report of said title company,
second party shall use all due diligence to remove the same within thirty days there-
after, and if such. objections cannot be removed within the time specified herein, all
righta and obligations herein may, at the election et first party, terminate.
In the event the improvements on said property shall be destroyed or materially
damaged between the date hereof and the consummation of said purchase, this contract shall,
at the option of first party, become null and void.
City and county taxes assessed againetsaid real property for the fiscal year
1936—Z7, shall be assumed by first party.
Examinetion cf title and documentary stamps shall be at the expense of first
party.
It is further understood and agreed between the parties hereto that the mutual
agreements and considerations herein expressed are indivisible, and that the failure of
one of the parties hereto to perform each and all of said agreements on the part of
such party to be performed shall release the other party hereto from the performance of
any and all of the reen1ents en its part to be performed.
IN WITNESS WHEREOF the parties hereto have executed this agreement the day Evid
year first above written.
CITY OF ALAI:Z.11k , a municipal corporation,
By
Mayor
First Party
eooa ±arty.
* * * * * * * *
I hereby certify that the foregoing is a. full, true and correct copy of
"'Resolution No. 2094, AUTHORIZING PURCHASE OF BILL PROPERTY' FOR PARK AND PLnYGROUND
PURPOSES', AND SETTLF1=T AND COMPROMISE OF CLAIM OF BIANCA CONTI BOYCE", introduced
and adopted by the Council of the Gity of Alameda on Seetember 1.5th, 1936,
City 6irkof the--CYty of Alameda.
gegn