Resolution 02130RESOLUTION NO. 21.30
ACCEPTING CALIFORNIA GIRLS' TRAINING HUE PROPERTY.
VETREAS, the Board of Directors of the California Girl' Training Home,
located on Linden Street in the City of Alameda, has discontinued the work for which
the home was organized, and has dismantled the building on its property with a view
to offering said property as e gift to the City of Alameda as a public park and plays
ground, and
WHEREAS, the City Council of the City' of Alameda, on August 22, 1934,
notified the Board of Directors of said California Girls' Training Home of its unan-
imous decision to accept the property for the purposes' offered, providing there was
no encumbrance thereon, or payments required from the City in connection with said
gift, also that the proper deed would be furnished the City, and
WHEREAS the California Girls' Training Halle has, by its officers thereunto
duly authorized by resolution of its Board of Direeters, executed a deed conveying
said real property to the City of Alameda for park and playground purposes, and
the members of said corporation have executed a quitclaim deed, quitclaiming to the
City of Alameda all their right, title and interest in and to the said real property,
and have placed said deeds in escrow with the Oakland Title Insurance and Guaranty
Company', for delivery to the City upon approval of said conveyance by the Superior
Court of the State of California, in and for the County of Alameda, and the accept-
ance ehereof by the City of Alameda, and
MIEREAS, it appears that the Oakland Title Insurance and Guaranty Company
has raised a question as to the right of the California Girls' Training Home, which
was organized for charitable purposes, tc grant its property for park and playground
purposes', but has proposed a solution of the problem through the medium of a suit
in equity to validate said conveyance and to clear the title to said real property;
and
WEEREAS the Council of the City of Alameda has by resolution authorized
the enployr'ent of Eugene W. Roland, an attorney-at-law, to assist the City Attorney
in instituting said litigation and taking the necessary steps to effectuate said
transfer, and has paid said attorney $100 on account of his services rendered; and
WHEREAS the California Girls' Training Home has stipulated as a condition
of its transferring the aforesaid property as a gift to the City that all expenses
to be incurred in connection with the said legal proceedings necessary to secure
the aforesaid approval of the Superior Court, and in connection with the recordation
of instruments transferring to the City a valid title to said property, should be
borne hp the City, and should not be chargeable to said corporation or its member's;
and
WHEREAS said Eugene W. Roland. has agreed to carry the legal proceedings
heretofore instituted as aforesaid to final completion for the additional fee of
$100; and
WHEREAS certain additional exaenses must necessarily be incurred in
order to secure proper representation of parties now before the court who have no
money or other interest in appearing or in producing such rerresentation, and the
defrayal of necessary' reporters' and recording fees, and cost of title insurance
policy,which expenses and fees are estimated at 4150.00;
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF TEE CITY OF ALAMEDA that
the City Attorney be, and he is hereby instructed, together with said EUgene W.
Roland, to carry to completion the aforementioned legal proceedings', and that the
said Eugene W. Roland be paid the additional sum. of '0100 for his services.;
BE IT FURTHER RESOLVED that the sum of $1.50 be, and is hereby appropria-
ted from the Contingent Fund, Budget Account 70-B, for the purpose of defraying
the cost and expense aforesaid, and that said amount be transferred to Parks &
Playgrounds, Budget Account 156-b, and the Treasurer end Auditor of the City are
instructed and directed to make said transfers on their respective book;
BE IT FURTHER RESOLVED that the offer of said California. Girls' Train-
ing Home to deed said property to the City for park and playground purposes as a
gift, and upon the conditions hereinbefore set forth, be and the same is hereby
accepted, contingent on the fact, however, that there be no encumbrance on
said property and that a clear title oan be obtained thereto, or such a title
as will warrant the lawful expenditure of public money for its improvement.
BE IT FURTHER RESOLVED that all resolutions, or parts thereof, in
conflict with this resolution be and the same ere hereby rescinded.
***eee***e*
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 regular meeting assembled on the 5th day of January, 1937, by the fellewing
vote, to wit:
AYES; Councilmen Calcutta Krwb, Maurer, Weichhart and President
Escben, (5).
NOES: Nene,
ABSENT: None-
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official
seal of said City this 6th day of January, 1037.
(SEAL)
D. ELNER DYLR
City Clerk of the City of Alamede
I hereby certify that the foregoing is a full, true and correct copy
of "Resolution No. 2130, ACCEPTING CALIFGRMA GIRLS' TRAINING HOE7 PROPERTY",
introduced and adopted by the Council en the 5th day of Januaryp19,37.