Resolution 05849REROLUSTION NM. 584O
ORDERING THE VACATION OF A PORTION OF NINTH STREET,
TN TUT CITY OF LYEDA.
WHEREAS, the council of the City of A-lambda did, on tte 163 4 day- of Sep-
tember, 1958, pass its Resolution of Intention No, 5842, declaring its intention to
order the vacation, closing and abandonment of that certain portion of Ninth Street,
in the City of Alameda, County of Alameda, State of California, more particularly
described in said eesolution of Intention as followst
ID' 13 at the point of intersection. of' the southerly line •,
of San Antonio Avenue (formerly Kings Avenue), 60 feet in. width, and.
the eapterly line of Ninth Street (formerly MoPhprson Street), 60 feet
in width, as said lines, avenue and street are shown on the "Man of
13113 13 Tract, Alamden, filed Stulty 30, 1877, in Book 2 of Maps,
page 34, in the office of the Recordpr of Alameda County;
THENCE along sai13 . easterly line of Ninth Street S Ott 491 55' 1,T,
i15.60 feet, to the TRUE POINT OF B=NUUTTY,1; sadd point of beginning
has the coordinates y» W06,810.70 feet and. x. 1,48e,558.26 feet based.
on the California Coordinate System, Zone TIT, as are all bearings,
distances and coordinates in thls description;
THENCE continuing along said easterly line of Ninth Street $ 2*
lot W, 136,65 feet, to the ne of the State Tideland Survey" as
shown on said map;
HE", E. westerly along thn labt mentioned line N 85* 2.813
55.75 feet to Station 283 of said Tideland Survey;
THENCE continuing aipng last mentioned line N. 60m tp,t,
feet, to the westerly line of Ninth Street;
THENCE along said westerly line of Ninth OtreeL
1O2-9. feet;
THENCE S. 87* 10, OE" 13 60,0C feet, to thn TRUE POINT OF
BEGENNING;
and
WHEaEAS, by said :Resolution of intention said COUnCii declared and deter-
mdned that public (13013131 '13.2' and necessity require the reservation to thw 31 of
Alameda of permanent easembnts and nights-of-way. over and across a certain. parcel
of land situate in that portion. of Ntinth. Street proposed to bn 13' )31'( for the pur-
pose of constructing, opPrat1E, maEntaining, replacing, renewing and. repairing
thereon storm and sanitary sewers, or either of them and facilities for storm vater
drainage, and. did. by saie lipsolution of intention reserve to the City of Alameda,
for the aforesaid purposes, a permanent easempnt and. right-of-way over and. across
that certain parcel of lanU. hereinafter describwd, and.
WHEREAS, tho portion of said street to be vacated and ahaudpned and the
details of said rneation together with. easements to be rataln.'13 d. are more partictElarly
shown upon that certain. map knon as Drawing U726, Case 54, .0.2' 13 the legene,
"Abandonment of tbe South. End of Ninth Street", Drawing 4725, Case RN, bearing the
legend "Sewer Easement at South End. of Ninth Strret" and. Drawing 4728, Case 56,
hearing the legend 'Easements for Storm Water Draina.ge at the South End of Ninth
Street", which maps wsere by said Resolution of Intention approved for the purpose of
this proceeding. and were ordered. filed in the office of tte City Clerk of the City of
Alam•eda and. marked "Fdded Sept. 16, 195O-Y and )ttlich maps were in said resolutdon
referred to fhr farther narticulars as to thp pfoppsed vacation; and
WORMS, the City. Clprk of the City of Alameda caLlood said. EesplAtion of
Intention to be published in the manner 13') 13' by. law for ttie publishing of ordi-
nances of the City of Alameda, in the ATiAmpda ''13' 113 a. daily. newspaper of general
circulation vablished and circulated in said. City. and. the official newspaper thereof;
and
WHEREAS, proof of said publication is evidenced by an affidavit of publica-
tion now on. filo in. the office of the•Oity Olerk of said City, and.
WHEREAS, proof of said posting of such notice is evidenced by the affidavit
of the person. posting sefd nptices, which. affidavit sets forth. tEe facts regarding
soon posting and. Is now on file in the office of the City. Clerk of said City; and
WHEREAS, the matter of said proposed vacation came on regularly for hearing
before thp Council. of the City. of Alameda at its rer-Eilax.' meeting on. the 7th. day of
Octob6r, 1958, and. at the time and place fixed in said. Oesolution of intention, and
Gt such hearing the said Council heard. the evidence offered. by all persons interested
in said street vacation, and a full hearing thereon 10 13 been hu(', a13 d. the mEtter
ubmitted. for determination;
NOM THEREYORE, BE TT RESOLVED BY THE COUNCIL OF TEE CITY OF ALEUEDA that
aid. Council hereby finds and. determines, from all the evidence submitted, thgt the
street and. part thereof in said. Resolution of Intention and hereintbefore more parti-
oudarly described. ib annbcessary for prbsant and. prospective public street purposes
and that publib interest requires the vacation of said portion of sald street.
BE F2 KftnnIKE RESOLVED that the portion of said Ninth Street in said Rbso-
dation of Intention and. bereinbefone IrCre partdcularly described be, and the same ts
33 reby. vacated and alandorbd.
.paciLvill PUS:SHER, uhat publiN convenience and recNssity 33 '33 the
reservation of, mnd there is hereby reserved. to the City of AlgmedN„ a permanent
easement and fignt-of-way ovbr and morbss the fellotNNg described. parcel. of land for
the purpose of constrnctingz operating, maintatirdnpd, replaming, renzwing and repair-,
ing thereon storm and samitary sewers, or either of them.:
A strip .1 parcel. of land, 10.00 feet in width, situate In the
City of Alarmda, County of PNemeda, State of Caldfornid, and fnrther
described as follows:
BEAINNINT, at a point on the westerly line of NInth Street (formbrly
McPherson Street), 60 feat in width, distant along said line 28-0,t2 feet.
southerly from tbe southerly line of San Antonio ANtsnue (formerly Kdngs
Avenue), 60 feet in width, as said lines, street and avenue are sidowN on
the "Ygn of '33 13.. Tract Alameda", filed July "10, leNS in. Bock 2 of
Mar)S, page 3Z, in the office of the RNcorder of Alt,mdm Cednty; said
point has thb ccordiNates y 466,71N3396 feet and x 1,458,495.13 feet
based on the California Coordinate System, Zone 11 as axe '1 1''3
distances and '33 33" in this description;
THENCE N ZO* if22' 59" E, '16,98 feet.°
THENCE S 517* 37' E, 36.95 feet, to the easterly line of Ninth Street;
THENCE southerly along said easterly lino S Ng 695 95" 11-86 feet;
THENCE N 54.* 37° °N., 34.23 feet"
THESICE S 40* 621 59" w, 50.73 feet, to said westerly line of Ninth
Street;
THENZE N 2* 09' 55" E along said westerly lino of Ninth. Street,
16.29 feet, to the HEGINNING;
and. said parcel is hereby excepted frem the vacation of seid portion of Ninth Street.
RESOLVED, FUNIEEN, that cublic convenlencb and necessity require the reserga-
ttidn of, and there is hereby reserved. to the City of Alambda, a permanent easembnt and
rightgotNNay ov6r and across the following described parcels of land for the pdrpose
of censtruting, operating, maintaining, replacing, renewing and repairdng thereon
facilities for storm whter drainagN!
A strim or parcel of land 10.00 feet In width, "5.00 feet on each
side of the following described center linb, in the City of Alameda,
County of Alameda, State of California:
COMMENCING at the point cf intersection of thm southerly line mf
Sag Antonio AventNt (formerly Kings Avenue), 60 feet in width,
wbsterly line of ginth Street (f.ormerly McPherson Street), 60 feet in
wldth, as said lines, avenue and. strbot aro shown on tt.e. 'Nap of Oak-
snade Tract, Almmedm", filed July 30 1877 Ito. Nook 2 of Mars, page 324,
in thb office of the Necordbr.of Alameda County;
THENCE along said. wbsterly S 2* 215,62 feet;
THENCE S 87* 10' OS" E, 13.00 feet, to tdne 'ERNE POINT OF SENINTMG;
sa3 d. point of beginning nas the eoordinatNs y - 466813.04 feet
1,511.31 feet based on the California Coordinate System, Zone III,
as are all. bearings, distancbs, and. coordinates in this description'
TNENCE S 2* tS, 55" w", 214-60 feet;
THEME S 33* 10' 05" Ed 21,06 feet.
strip or parcel of land. 10.00 feet in width, 5.00 feet on eabh side
of the following described center line, in the City of Alameda, County of
Alamedb, State of CR1Z3 ornia!
COMNENSITN at said point of interNection of tho southerly line of
San Antondo Avenue and the westerly line of Ninth. Street;
THENCE along said westerly line 2.* 91 55" 180, 215.62 feet;
THE= s 87* 10' 05 6, 46.50 feet, to the TNSE POINT OF NEGINaING:
said point of beginning has the coordinates y - 6,66615.58 feet anM x -
'1,488,4.4.77 feet;
TirdNCE S 14* 39, 55" w, h154 feet.
PARCEL C
Beinm 3_.311 33 in the City of AlamdN., County of Alameda, State of
California, and further described as. follow's!
COMMENCING at thb point of intersection of the southerly. line of
San Antonio Avenue (formerly Kings Avenue), 60 feet in width, and. the
wbsterly line of Nlnth Street (formerly McPherson Street), 6B feet in
width, as said lines, avenue Rnd street vtm shown on the "Max, of Oak-
shade Tract, Alameda", filed July 30, 1677 In Pock 2 of Mapb, pemre $P,
'33 33 office of the Recorder of Alameda County;
PPENCE along said westerly line S '2"N Id, 290.19 feet to the
TNTT POINT OF BEGTNNNW'; polnt of beginning had the coordinates
Y - S.6633839.2.0 feet And x 1,1s80,W1-6,5 feet based. on ftle California
Coordinate System, Zone III, as are all. 13, distances and coor-
dlnAtes in thds description;
THENCE N OCE N8' 59" H, 49.23 feet;
THENCE S 54* 37' E, 35;682 feet, to tfte easterly line of Ninth
Street;
THENCE along said easterly line of Ninth Street S LIE, 538 b",
81.96 feet, to the "Line of the State Tideland Survey":
THENCE westerly alcriF„ last mentioned line N 85* 28' w, 55.25
eet, to Statipn 2:83 of' said. Tideland Survey;
THENCE continulng along the loot mentioned line N 60* 583 388 Wy
P-77 feet, to Gaid wo,(',terly line of Ninth Street;
THENCE along the last mentioned line N 2* 49, 55 E, 983.37 feet,
to the 'TRUE PC= OF BEBOMNING1
and said parcels are hereby excepted from the vacation of said portion of Ninth. Street.
RESOLVED, FURIBIER„ that as a condition for the vacation of Ninth Street
referred to above, the abuttIng owners of said property to be vacated to whom saId
property shall revert, shall construct at their own cost and expense adequate fencing
and landscapinF at the foot of Ninth.•Street, to the satisfaction of the City Engineer
of the City of Alameda, to the end that the lagoon area be made inaccessible from.
Ninth Strnet.
* * * * * * * * *
I, the undersigned, hereby certify thsat the foregoing Resolution was dhly
and. BegulRfly introduced and. adopted by the Council of the City of Alameda in regu-
lar .cating assembled on the 7th day of October, 1BB(B, by the following vote, 13 wit:
AYES: CouncilBlen Collischnnn„ Freeman, Petersen. and President McCall (h.).
NOES None .
NOT ITOTITO?. Councilman Schacht, (1).
ABSENT: None,
IN WITNESS WHEREOF, I have Boreunto set my hand and affixed. the official
seal of said City this 8th don of October, 19BO6..
SHIRLEY H. TENNIER
(SEAL) City lerk of the City of Alameda
I >e>-e rtify that the foregoing is a full, true and correct copy of
"Resolution No. F8d9, OBBOHING THE VACATION. OF A. PORTION OF NINTH STREET IN 1"
CITY OF ALAKEDA,'. introd=ed. and. adopted by the Council on the 7th day of October,
1958,
6, 3
o
on°6"66-6266L3
C13 ty Clerk
6.1ameao