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Resolution 0783106G CITY OF ALAMEDA RESOLUTION NO, 7831 FINDING AND DETERMINING PORTIONS OF MAPLE STREET AND SECOND STREET, PUBLIC STREETS IN THE CITY OF ALAMEDA, ARE UNNECESSARY FOR PRESENT OR PROSPECTIVE STREET PURPOSES; ORDERING VACATION THEREOF SUBJECT TO RESERVATION OF PERMANENT EASEMENTS AND RIGHTS OF WAY THEREIN AS DESCRIBED IN RESOLUTION OF INTENTION NO. 7811 HERETOFORE ADOPTED ON JULY 20, 1971; AND DIRECTING CITY CLERK TO CAUSE CERTIFIED COPY OF THIS RESOLUTION TO BE RECORDED WHEREAS, the Council of the City of Alameda did, on the 20th day of July, 1971, adopt its Resolution of Intention No. 7811 declaring its intention to order the vacation of portions of Maple Street and Second Street, public streets in the City of Alameda, said portions being situated in the City of Alameda, County of Alameda, State of California, more particularly described in said Resolution of Intention as follows: COMMENCING at the intersection of the northerly line of Maple Street (formerly Willow Street) with the westerly line of Third Street (formerly Davenport Street) as said streets are shown on the New Map of Woodstock", filed May 8, 1878, in Book 6 of Maps at page 18, Records of Alameda County; THENCE westerly along said northerly line of Maple Street 5.00 feet for an exclusion thereof from this vacation and to the TRUE POINT OF BEGINNING; THENCE southerly, parallel to said westerly line of Third Street, and distant 5.00 feet westerly et right angles therefrom, 50 feet to the southerly line of Maple Street; THENCE westerly along last said line 395 feet to the easterly line of Second Street (formerly Kellogg Street) as said street is shown on said map; THENCE southerly along last said line 200 feet to the northerly line of Brush Street (formerly Manzanita Street) as said street is shown on said map; THENCE westerly along said northerly line of Brush Street 50 feet to the westerly line of Second Street; THENCE northerly along last said line 200 feet to said southerly line of Maple Street; THENCE westerly along last said line 375 feet to the easterly line of Main Street (formerly Main Avenue) as said street is shown on said marl; THENCE northerly along last said line 50 feet to aforesaid northerly line cf Maple Street; THENCE easterly along last said line 375 feet to said westerly line of Second Street; THENCE northerly along last said line 79.1 feet to the northerly line of said Second Street; THENCE easterly along last said line 50 feet, more or less, to aforesaid easterly line of Second Street; THENCE southerly along last said line 77.3 feet to said northerly line of Maple Street; THENCE easterly along last said line 395 feet to the TRUE POINT OF BESINN:NG; subject, however, to the reservation in the City of Alameda, pursuant to the provisions of Sections 8330 and 8331 of the Streets and Highways Code of California, of the following described permanent sanitary and storm sewers easements and rights of way: A parcel of land in the City of Alameda, County of Alameda, State of California, described as follows: ,BEGINNING at the intersection of the northerly prolongation of the westerly line of Second Street (formerly Kellogg Street) as said street is shown on "New Map of Woodstock" filed May 8, 1878 and recorded in Book 6 of Maps at page 18, Official Records of Alameda County, with the southerly boundary line of Tract 39 as said tract is shown on "Map of Alameda Marsh Land", etc., filed July 30, 1900 and recorded in Book 25 of Maps at pages 74, 76 and 78, Official Records of Alameda County; THENCE South 87° 25 09" East along said boundary line 50.00 feet to the intersection thereof with the northerly prolongation of the easterly line of said Second Street; THENCE along last said prolongation South 3° 08' 22" West 16.16 feet; THENCE North 89° 16' 52" West 13.01 feet to a line parallel with the center line of said Second Street and 13.00 feet easterly at right angles therefrom; THENCE along said parallel line South 3° 08' 22" West 343.58 feet, more or less, to the northerly line of Brush Street (formerly Manzanita Street) as said street is shown on said "New Map of Woodstock"; 267 THENCE along the last said line North 86° 52' 28" West 17.00 feet to a line parallel with the center line of said Second Street and 5.00 feet westerly at right angles therefrom; THENCE along said parallel line North 3° 08 22" East 342.86 feet, more or less; THENCE North 89° 16" 52" West 20.02 feet to the northerly prolongation of the westerly line of said Second Street; THENCE along the last said line North 3° 08' 22" East 17.79 feet to the BEGINNING; said reservation shall include the right to construct, maintain, operate, replace, renew and remove said sanitary and storm sewers, and appurtenant structures, in, over, under, along and across said parcel, including the right of convenient access and to protect same from all hazards in the said Second Street; and WHEREAS, particulars of the proposed vacation are shown on that certain map entitled, "Portions Of Maple Street And Second Street To Be Vacated And Strips Of Land To Be Reserved For Widening Third Street," prepared by the City Engineer, dated June, 1971, denominated Drawing 6612, Case 54 in his records, and on file in the office of the City Clerk; and WHEREAS, the City Clerk of the City of Alameda caused said Resolution of Intention to be duly published and notice thereof and of the time and place of hearing thereon was duly posted in accordance with the requirements of Part 3 of Division 9, of the Streets and Highways Code of California; and WHEREAS, proof of said publication is evidenced by an affidavit of publication now on file in the office of the City Clerk of said City; and WHEREAS, proof of said posting of such notices is evidenced by the affidavit of the person posting said notices, 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 the Council of the City of Alameda at its regular meeting on the 17th day of August, 1971, and at the time and place fixed in said Resolution of Intention, said hearing being continued to the 21st day of September, 1971, and at such hearing the said Council heard the evidence offered by all persons interested in said street vacation; and a full hearing thereon having been had and the matter submitted for determination; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ALAMEDA that said Council hereby finds and determines, from all the evidence submitted, that certain portions of said Maple Street and Second Street in said Resolution of Intention and hereinbefore more particularly described are unnecessary for present and prospective public street purposes and that public interest requires the vacation of said streets. BE 1r FURTHER RESOLVED that the streets in said Resolution of Intention and hereinbefore more particularly described be, and the same are hereby vacated, subject, however, to the reservation in the City of Alameda of the easements and riohts of way hereinabove set forth. BE IT FURTHER RESOLVED that the City Clerk is hereby directed to have a certified copy of this Resolution recorded in the office of the Recorder of Alameda County, 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 21st day of September, 1971, by the following vote, to wit: AYES: Councilmen Fore, Levy, iongaker, McCall and President La Croix, Jr., (5). NOES: None. ABSENT: None. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 22nd day of September, 1971. (SEAL) IRMA L. NELSON City Clerk of the City of Alameda * * * * * * * * * * ?58 I hereby certify that the foregoing is a full, true and correct copy of "City of Alameda Resolution No. 7831, FINDING AND DETERMINING PORTIONS OF MAPLE STREET AND SECOND STREET, PUBLIC STREETS IN THE CITY OF ALAMEDA, ARE UNNECESSARY FOR PRESENT OR PROSPECTIVE STREET PURPOSES; ORDERING VACATION THEREOF SUBJECT TO RESERVATION OF PERMANENT EASEMENTS AND RIGHTS OF WAY THEREIN AS DESCRIBED IN RESOLUTION OF INTENTION N0. 7811 HERETOFORE ADOPTED ON JULY 20, 1971; AND DIRECTING CITY CLERK TO CAUSE CERTIFIED COPY OF THIS RESOLUTION TO BE RECORDED," introduced and adopted by the Council of the City of Alameda on the 21st day of September, 1971. City Clerk of the City of Alameda