Resolution 05906RESOLUTION NO, 5906
ORDoE-ING TEE VACATAON 0 SAN ANTONIO AVENUE BETWEEN
LAFAYETTE AND CIPESTNET STREETS, IN THE CITY 00 10) 7)5
WHEREAS, the Council of the City of Alamedn did, on the 3rd day of Fcbruary,
1769, Pass its Resolution of intention No, 5696, declaring its intention to order the
vacation, closing and abandonment of San Antonio Avenue, between Lafayette and
Chestnut Streets, in the City of Alameda, County of Alameda, State of California,
more particularly desorned in said Resolution of intention as follows;
BEING all of San Antonio Avenue, 50 feet in width, between the
easterly property line of Lafayette Street and the westerly property
line of Chestnut Street, as shown cn the 'Man of the Bartlett Tract,
Alameda, February 18 0", as filed 01' the office of the Alameda
County Recorder in February, 1378.
and
PHEREAS, by said Resolution of Intention said Council declared and deter-
mined that public convenience and necessity require tns reservation to the City cf
Alameda of permanent easements and righta-of-way over and across and dneer a certain
parcel o' land situate in that portion of Sun Antonio Avenue proposed to be vacated,
for the purpose 811' constructing, operating, maintaining, replacing, renewing and
repairing thereon all the public utilities including, but not limited to, storm and
sanitary sewers, facilities for transmission of water, gas, electricity and tele-
phonic and telegraphic messages, and did by said Resolution of Intention reserve to
the City of Alameda, for the aforesaid purposes, a permanent easement and right-of-
way over and across and under that certain -parcel of land hereinafter described; and
WHEREAS, the portion of said street to be vacated and abandoned and the
details of said vacation, together with easements to be,retained, are mEre parti-
cularly shown upon that certain map known as Drawing 4765, Case 52, bearing the
legendz 'Closing of San Antonio Avenue Between LafayEtte and Chestnut Streets",
which mhp was by said Resolution of Intention approved for the purpose of this pro-
ceeding and was ordered filed in the office of the City Clerk of the City of Alameda,
and marked "Filed February 2, 195cP, and which map was in said resolution referred
to for further' particulars as to the proposed vacation; and
WHEREAS, the City Clerk of the City of 111 caused said Resolution of
Intention to be published. in the mannor prescribed. by law for the purlisning of
ordinances of the City of Alameda, in the Alameda Times -Star, a daily newspaper of
coneral cIroullation published and circulated. in said city and the official newspaper
'Thereof; and
WEBBEAS, proof of said publication is evidenced by an affidavit of publica
tion now on file in. the office of the City Clerk of said. city; and
WHEREAS, proof of said. poating cf such 80 10" is evidenced by the affidavit
of tho person posting said notices, whits affidavit sets forth the facts rsg,arding
such posting and is '109 on filo in the office o1 the City Clork of Said City; and
WHEREAS, the matter of said proposed vacation came on regularly for hearing
bfore the Council of the City of Alameda at its regular meetin.g on the 3rd day of
March, 1959, and st the time and place fixed in said Resolution of Intention, and at
such bkaring the said. Council heard the evidence offered by all persons interested
in said street vacation, and a full hearing thereon having boon had and the ndatter
sudmitted for determination;
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF TFM CITY OF ALAMEDA that
said Council hereby finds and determines, from all the evidence submitted, that the
street and part thereof in said Resolution of Intention and. herein:before more parti-
cularly dhscribed is unnecessary for present and prospective public street purposes
and that public interest requires the vacation of said portion of said street.
BE IT FURTEER RESOLVED that tipe portion of said San Antonio Avenue in said.
Resolution of Intention and hereinbefore more particularly described be, and the same
is hereby, vacated and abanEoned.
RESOLVED, FURTHER, that public convenience and necessity require the
reservation of, and there is hereby reserved to the City of Alameda, a permanent ease-
ment and. right-of-way over and across and under the following described parcel of land
for the purpose of constructing, operating, maintaining, replacing, renewing and
repairing thereon all public utilities including, but not limited to, storm and sani-
tary sewers, facilities for 138' of water, gas, electricity and telephonic
and telegraphic messages, or either of them; said parcel. of lan33 . being situate in the
City. of Alameda, County of Alameda, State of Colffornia, and more particularly des-
cribed as follows:
BEBINNING at the intersection of the southerly line of San
Antonio Avenue with the easterly line of Lafayettk Street, as
said streets are shown on the "Map of the Bartlett Tract, Alameda,
February 1878, as filed February 1878 in the office of the Alameda
County Recorder, AlamEda County, California; thence easterly along
Lo southerly line of San. Antonio Avenue 216.00 feet to the west
property. line of Chestnut Street as shown on said map; thence northa
eriv along an extension of tha west property line of Chestnut Street
45.60 feet; thence westerly along a line parallel. to and 455.00 feet
from the southerly line of San Antonio. Avenue 216.00 feet to an
extension. of the eapt property. line of Lafayette Street; thence
southerly along said extension. of Lafayette Street 45.00 feet to the
POINT OF BEGTNIIING.
and said parcel is hereby excepted from the vacation of said portion of San Antonio.
Avenue.
RESOLVED, FURTHER, that the above described easement shall provide o,) the
City of Alameda. all rights to enter upon the easement for toe purposes as set out
above in this Resolution. Said easemont shall vest tho control of al1 . improvements
thereon with the City" Engineer of tne City of Alameda, and it shall be necesoRry for
the owners of the land through. which the easement exists to procure from. the office
of the City Engineer '1 permit or permits.for any and all Improvements to be con-
structed. on tte surface of the ground.
RESOLVED, FURTHER, that this resolution shall. not become effective until
such timo 1 the following works are completed according to usual City standards to
the satisfaction of the City Engineer of the City of Alameda: (1) Remove curb,
gutter, culverts and asphalt, and reconstruct the newly created sidewalk area as
shown on Drawing 4795, Case 22, entitled "Street Alterations, San Antonio Avenue at
Lafayette and Chestnut Streets", said. drawing being on file in the office of said .... •
City Engineer; (21 within or adjacent to the area vacated, remove two electrollers
relbcato one eleotrolicr, rembve power poles, street signs, fire alarm and 31011 100
and install II,0"11'3 reflector sipns; and, provided, further, if fences are to be•• ••
erected at thA Lafayette and Chestnut.Street ends of the area vacated, sa1 d. fences
shall have gates adequate and sufficient for the purnose of ingress and ogress for
the Fire Department of the City of Alameda. The WOPLS set out above shall be done
• no opnense to the City of Alameda. The City Clerk of the City of Alameda is
hereby di:rooted not to record this reso(l0 Y7on urtil such time as the City.. Engineer .
of the City of Alameda certifies that such. work has been completed to his satisfaction-
tne under3ig,ned, hereby certify that the foregoing hesolur(ion was duly
and repplarly introduced and adopted ty the Council o' the Citv of 010 80? In regu-
lar Feetinp assemelec cn the 3rd day of Aaron, P359, by the following vote„ to wit:
AYE'S( Councilmen Collischonn, Petersen, SchachL and
President McCall, P:).
Nano.
00.' 000 0: Councilman Freeman, (I).
0,1 SE13 l: None.
:11 WITNESS WHEREOF, I have hereunto 361, my hand. and affixed the official
seal of said City this (gt0 . day of March, 1950.
SHIRLEY H. TENNIER
(SEAL) City Clerk of the City of Alameda.
T hereby certify- that the foregoing is a full, true and correct copy of
"Resolution No 5906, ORDERING THE VACATLYN OF SAN ANTONIO AVENUE BETWEEN LAFAYETTE
AND CHESTNUT STREETS, IN THE CITY OF ALAMEDA,' introduced and adopted by thc Council
on the 3rd day of March, 1.959.
City C mk- 'f i,9'1 of Alameda