Resolution 08400471
CITY OF ALAMEDA RESOLUTION NO. 8400
FINDING AND DETERMINING CERTAIN PORTION OF ALAMEDA AVENUE, A PUBLIC
STREET IN THE CITY OF ALAMEDA, IS UNNECESSARY FOR PRESENT OR PROSPECTIVE
PUBLIC STREET PURPOSES; ORDERING VACATION THEREOF SUBJECT TO RESERVATION
OF PERMANENT EASEMENT AND RIGHT-OF-WAY THEREIN AS DESCRIBED IN RESOLUTION
OF INTENTION NO. 8358 HERETOFORE ADOPTED ON JUNE 3, 1975; 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 3rd day of Oune, 1975, adopt its
Resolution of Intention No. 8358 declaring its intention to order the vacation of an improved portion
of a public street, being a portion of Alameda Avenue, as shown on the "Map of Lands Adjacent to the
Town of Encinal," as surveyed by Jas. T. Stratton; filed May 23, 1867, in Book 19 of Maps, page 53,
in the Office of the Alameda County Recorder; and more particularly described as follows:
All that portion of said Alameda Avenue (60 feet wide) lying
between a line parallel with and about 16 feet southeasterly from
the southeastern line of Walnut Street (40 feet wide), also as
shown on said map; and, the northeasterly prolongation of the
southeastern boundary of Lot 15 in the eastern half of Block 0, as
said lot and block are shown on the above mentioned map,
subject, however, to the reservation in the City of Alameda, pursuant to Section 8330 and 8331 of the
Streets and Highways Code of California, of the permanent easement and right-of-way at any time, or
from time to time, to construct, operate, maintain, replace, renew and repair all public utilities
including, but not limited to, sanitary sewer pipe lines and facilities for water, gas, telephone
and electricity, over and across and under the above described parcel of land, whole and entire.
Said easement shall vest the control of all improvements thereon with the City Engineer of the City
of Alameda, and it shall be necessary for the owners of the land through which the easement exists
to procure from the office of the City Engineer a permit or permits for any and all improvements to
be constructed on the surface of the ground; and
WHEREAS, particulars of the proposed vacation are shown on that certain map entitled,
"Portion of Alameda Avenue to be Abandoned West of Oak Street, '' prepared by the City Engineer,
denominated Drawing 7190, Case 54 in his records, dated May, 1975, and on file in the office of the
City Clerk of the City of Alameda; 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, procf 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 1st day of July, 1975, at the time and
place fixed in said Resolution of Intention, and at such hearing the said Council heard the evidence
offered and all such persons interested in said street vacation; and said hearing was then continued
by the Council to its regular meeting of the 15th day of July, 1975, at which meeting said hearing
was continued by the Council, at the request of the Chairman of the Board of Education of the Alameda
Unified School District of Alameda County, to its regular meeting on the 19th day of August, 1975;
and
WHEREAS, the matter of said proposed vacation came on regularly for hearing on the 19th
day of August, 1975, and at such hearing the said Council heard the evidence offered and all persons
interested in said street vacation, and a full hearing thereon having been had and the matter sub-
mitted 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 the certain portion of said Alameda
Avenue in said Resolution of Intention hereinbefore more particularly described is unnecessary for
present and prospective public street purposes and that public interest requires the vacation cf said
street.
BE IT FURTHER RESOLVED that the street in said Resolution of Intention and hereinbefore more
particularly described be, and the same is hereby vacated, subject, however, to the reservation in the
City of Alameda of the easement and right-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.
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472
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
19th day of August, 1975, by the following vote, to wit:
AYES: Councilmen Beckam, Diament, Hurwitz, Sherratt and President Corica, (5).
NOES: None.
ABSENT: None,
IN WITNESS WHEREOF, I have hereunto set my hard and affixed the official seal of said
City this 20th day of August, 1975.
(SEAL) ETHEL M, PITT
City Clerk of the City of Alameda
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I hereby certify that the foregoing is a full, true and correct copy of "City of Alameda
Resolution No. 8400, FINDING AND DETERMINING CERTAIN PORTION OF ALAMEDA AVENUE, A PUBLIC STREET
IN THE CITY OF ALAMEDA, IS UNNECESSARY FOR PRESENT OR PROSPECTIVE PUBLIC STREET PURPOSES; ORDERING
VACATION THEREOF SUBJECT TO RESERVATION OF PERMANENT EASEMENT AND RIGHT-OF-WAY THEREIN DESCRIBED
IN RESOLUTION OF INTENTION NO. 8358 HERETOFORE ADOPTED UN JUNE 3, 1975; 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 19th day of August, 1975.
City Clerk of the City of Alameda