Resolution 03249RESOLUTION NO. 3249
CANCELLING CITY TAXES ON PROPERTY OF
OF AMERICA.
TED STATES
WHEREAS, certain real property situate in the City of Alameda, County of
Alameda, State of California, and more particularly described as follows:
AREA "A"
All that certain real property situate in the City of Alameda,
County of Alameda, State of California, and being a portion of
Tract 32, as said tract is delineated and so designated on that
certain map entitled 90ap of Alameda Marsh Lands, as partitioned
among the owners thereof in the suit numbered 8923 and entitled
Pacific Improvement Company, plaintiff, vs. James A. Waymire, et
al, defendants, Superior Court of Alameda County, State of Cali-
fornia," filed July 30, 1900 in Book 25 of Maps at pages 74 to 78
thereof, records of said Alameda County, particularly described
as follows:
COMENCING at a granite monument set at the point of inter-
section of the line segregating the high and dry land from the
marsh land, which segregation line is the southerly boundary of
the lands partitioned and delineated on said Map of Alameda Marsh
Lands, with the center line of the main line tracks of the Sou-
thern Pacific Company; running thence from said point of commence-
ment along said segregation line, North 84* 191 00" West a dis-
tance of 44.40 feet to the point of intersection thereof with the
southwesterly line of the 100-foot right of way of the Southern
Pacific Company; thence along the said right of way line, North
5* 561 00" East a distance of 178.47 feet to the true point of
beginning of the parcel herein described; RUNNING THENCE from
said true point of beginning along the line parallel to said
segregation line, North 84* 19/ 00" West a distance of 416.10
feet to the point of intersection. thereof with the easterly line
of Webster Street, as said Webster Street was widened by deed
from the Regents of the University of California to the City of
Alameda by deed dated May 31, 1928, and recorded June 5, 1928,
in Book 1867 of Official Records at page 266 thereof, Official
Records of Taid County; thence along said line of Webster Street,
North 1* 39 00" East a distance of 374.50 feet; thence continuing
along said line of Webster Street, North 0* 50/ 00" West a dis-
tance of 221.88 feet; thence, leaving said line of Webster Street,
North 89* 10 001. East a distance of 339.76 feet to a point in
said southwesterly line of the right of way of the Southern
Paoific Company; thence along said right of way line, South 5*
56' 00" East a distance of 645.81 feet, more or less, to said
true point of beginning; containing 231,065 square feet (5.304
acres).
AREA "B"
All that certain real property situate in the City of Alameda,
County of Alameda, State of California, particularly described
as foliows:
BEGINNING at a point in the northerly line of Buena Vista
Avenue, distant thereon, South 88* 371 00" East 101.00 feet from
the easterly line of Webster Street, said point of beginning being
in the easterly line of Lot 1, Block F, as said lot and block are
delineated and so designated on that certain map entitled "Shepardson
Property, Mastick Station, Alameda," and filed September 11, 1878,
in Book 2 of Maps et page 47 thereof, records of said County, and
being distant along said easterly line of Lot 1, North 1* 39, 00"
East 5.00 feet from the southeasterly corner of said Lot 1; RUNNING
THENCE from said point of beginning along said easterly line of Lot
1 and continuing along the easterly line of Lots 2, 3, 4, 5, 6, 7,
8, 9, 10, 11 and 12 of said Block F and continuing along the direct
extension thereof and along the easterly line of Lots 1, 2, 3, 4,
5 and 6 of Block E, as said lots and block are delineated and so
designated on said map, North 1* 391 00" East a distance of 505.00
feet; thence, leaving said easterly line of Lot 6, South 88* 21'
00" East a distance of 100.00 feet; thence North 1* 391 00" East a
distance of 187.21 feet to a point in the line segregating the high
and dry land from the marsh land, which segregation line is the
southerly boundary of the lands partitioned and delineated on that
certain map entitled "Map of Alameda Marsh Lands, as partitioned
among the owners thereof in the suit numbered 8923 and entitled
156
Pacific Improvement Company, plaintiff, vs. James A. Waymire,
et al, defendants, Superior Court of Alameda County, State of
California," filed July 30, 1900, in Book 25 of Maps at pages
74 to 78 thereof, records of said Alameda County; thence along
said segregation line, South 84* 191 00" East a distance of
268.75 feet to the point of intersection thereof with the south-
westerly line of the right of way of the Southern Pacific Com-
pany; thence along said southwesterly right of way line, South
5* 560 00" East a distance of 528.40 feet to the point of inter-
section thereof with a line parallel to and perpendicularly dis-
tant 147.50 feet northerly from said northerly line of Buena
Vista Avenue; thence along said line parallel to Buena Vista
Avenue, North 88* 37'0O" West a distance of 146.44 feet; thence
South 1* 39t 00" West a distance of 147.50 feet to a point in
said northerly line of Buena Vista Avenue; thence along said
line of Buena Vista Avenue, North 88* 371 00" West a distance
of 291.36 feet more or less, to said point of beginning; con-
taining 240,17 square feet, (5.5137 acres).
AREA "C"
All that certain real property situate in the City of Alameda,
County of Alameda, State of California, and including a portion of
Block "I" and a portion of St. Charles Street, as said block and
street are delineated and so designated on that certain map entitled,
"Map of 144 Lots in Page Tract," and filed February 25, 1874, in
Book 6 of Maps at page 7 thereof, Records of said County; also in-
cluding a portion of Block "PI, as said block is delineated and so
designated on that certain map entitled, "Map of Property Belonging
to Columbus Bartlett near Mastick Station," and filed November 12,
1877 in Book 2 of Maps at page 25 thereof; also including portions
of Blocks 7 and 8, and a portion of Chapin Street, as said blocks
and street are delineated and so designated on that certain map
entitled, "Map of Chapin Tract," as filed May 12, 1877, in Book 2
of Maps at page 33 thereof, Records of said County; also including
all of Tract 25 and portions of Tracts 24, 26 and 30 as delineated
and so designated on that certain map entitled, "Map of Alameda
Marsh Lands, as partitioned among the owners thereof in the suit
numbered 8923 and entitled Pacific Improvement Company, plaintiff,
vs. James A. Waymire, et al, defendants, Superior Court of Alameda
County, State of California," and filed July 30, 1900, in Book 25
of Maps at pages 74 to 78 thereof, records of said Alameda County;
and also including an unsubdivided portion of "Plot of Encinal San
Antonio," as delineated on that certain map filed August 1, 1853,
in Book "A" of Deeds at page 152 thereof, Records of said County;
said real property being particularly described as follows:
BEGINNING at the southeasterly corner of said Block "I" of the
Page Tract, which point of beginning is also the point of intersec-
tion of the northerly line of Eagle Avenue with the westerly line
of Bay Street as delineated on said Map of the Page Tract; RUNNING
THENCE from said point of beginning along said northerly line of
Eagle Avenue, North 86* 52' West a distance of 331.58 feet to the
point of intersection thereof with the easterly line of said St.
Charles Street; thence along said easterly line of St. Charles
Street, North 3* 08' East a distance of 100.00 feet; thence paral-
lel with the northerly line of Eagle Avenue, as delineated on said
Map of Property Belonging to Columbus Bartlett, North 86* 52' West
a distance of 604.94 feet, to a point in the easterly line of said
Chapin Street; thence North 86* 081 West a distance of 68.34 feet
to the northeasterly corner of Lot 14 in said Block 8 of the Chapin
Tract; thence along the northerly line of said Lot 14 and continu-
ing along the northerly line of Lots 13, 12, 11, 10, 9, 8, 7, 6, 5,
4, 3, 2 and 1 of said Block 8, North 88* 021 West a distance of 350.00
feet to the northwesterly corner of said Lot 1 of Block 8, which
corner is also in the easterly line of Wood Street as delineated on
said Map of Chapin Tract; thence along said easterly line of Wood.
Street and continuing along the direct production northerly thereof,
North 1* 581 East a distance of 226.30 feet; thence leaving said
direct production of the easterly line of Wood Street, South 86*
521 East a distance of 830.26 feet; thence South 66* 521 East a dis-
tance of 137.42 feet; thence South 86* 52? East a distance of 280.00
feet; thence South 3* 081 West a distance of 140.00 feet; thence
South 86* 52' East a distance of 120.00 feet to a point in said
westerly line of Bay Street; thence along said westerly line of Bay
Street, South 3* C81 West a distance of 133.00 feet, more or less,
to said point of beginning; containing 294,012 square feet, (6.750
acres),
has been assessed heretofore by the City of Alameda for the fiscal year 1945-1946
and the general municipal and special assessment taxes levied thereon are uncol-
lected and unpaid; and
WHEREAS, prior to 12 o'clock Noon, on the first Monday in March, 1945,
the day and hour when such taxes and assessments became a lien against said real
property, possession of said property had vested in the United States of America
by reason of an order for possession made on or about December 15, 1944, in the
condemnation proceeding in the District Court of the United States, in and for
the Northern District of California, Southern Division, No. 24.109-R, entitled,
',United States of America, Plaintiff, vs. Certain Areas of land situate in the
City of Alameda, county of Alameda, State of California, The Regents of the
University of California, et al, Defendants"; that on April 3, 1245, a Declara-
tion of Taking and a judgment thereon was filed in said proceeding, vesting title
to said property in the United States of America; that ever since said date said
real property, and each and every part thereof, has been, and now is, owned by
the United States of America, and because of such public ownership is not subject
to sale for delinquent taxes;
NOW THEREFORE, BE IT RESOLVED AND ORDERED BY THE COUNCIL OF THE CITY OF
ALAMEDA, with the written approval of the City Attorney of said City, that all
uncollected City of Alameda taxes or assessments, and penalties and costs thereon,
including special assessments levied under the provisions of the "Acquisition and
Improvement Act of 1925", for the fiscal year 1945-1946, now a lien upon the above
described real property, be, and the same are hereby, cancelled, and the Auditor
and Tax Collector of the City of Alameda are hereby ordered and directed to cancel
said taxes, assessments, penalties and costs on their respective books.
BE IT FURTHER RESOLVED, anything in this resolution to the contrary not-
withstanding, that this resolution and order shall not be construed as cancelling,
or authorizing the cancellation of, any taxes or assessments or penalties or costs
thereon charged or levied on any possessory interest in or to said real property,
or any other special assessment levied on said real property.
CONSENT OF THE CITY ATTORNEY OF THE CITY OF
ALAMEDA, STATE OF CALIFORNIA
The City Attorney of the City of Alameda, State of California, hereby
consents to the cancellation of all uncollected City of Alameda taxes or assess-
ments and penalties or costs thereon charged and levied and now a lien upon that
certain real property hereinabove described.
Dated: November 21, 1945. STANLEY D. WHITNEY (Signed)
City Attorney for the City of
Alameda, State of California
* * * * * * * * *
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 20th day of November, 1945, by the following
vote, to wit:
AYES: Councilmen Howe, Jones, Osborn, Sweeney and President
Branscheid, (5).
NOES: None.
ABSENT: None.
IN WITNESS WFEREOF, I have hereunto set my hand and affixed the official
seal of said City this 21st day of November, 1945.
(SEAL)
J. P. CLARK
City Clerk of the City of Alameda
* * * * * * * * *
1 hereby certify that the foregoing is a full, true and correct copy of
"Resolution No. 3249, CANCELLING CITY TAXES ON PROPERTY OF T}S UNITED STATES OF
AMERICA," introduced and adopted by the Council on the 20th day of November, 1945.
City/C1 rk of-the City of Alameda