Resolution 09263CITY OF ALAMEDA RESOLUTION NO, 9263
RESOLUTION OF NECESSITY AUTHORIZING THE ACQUISITION
OF CERTATN PROPERTY FOR TEE EXTENSION OF FERNSIDE
BOULEVARD AND FINDING THAT THE PUBLIC INTEREST AND
NECESSITY REQUIRE THE PROPOSED PROJECT, THAT THE
LOCATION THEREOF CAUSES THE LEAST PRIVATE INJURY,
THAT THE SUBJECT PROPERTY IS NECESSARY FOR THE
PROPOSED PROJECT AND THAT AREAS DESIGNATED AS "EXCESS"
ARE REMNANT PARCELS
WHEREAS, the People have recommended to the City Council
that certain parcels described in Exhibit A (attached hereto
and incorporated herein by this reference) be acquired by the
City of Alameda for public use by this exercise of the power of
eminent domain;
WHEREAS, pursuant to Chapter 4, Title 7, Part 3 of the
Code of Civil Procedure notice of intent to adopt this resolution
of necessity for condemnation was sent to the owners of property
shown on Exhibit A;
from
WHEREAS, written requests to appear have been received
(1) Aeolian Yacht Club
(2) Alameda Unified School District
(3) Betty Bank
(4) Vee Chard
(5) Thomas P. Wood;
WHEREAS, due consideration of all oral and documentary
evidence introduced has been given and official notice of the
plans, specifications, reports, negative declaration heretofore
prepared or adopted has been taken;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ALAMEDA
does FIND and RESOLVE as follows:
(a) The subject property is taken for public use as
public right-of-way for street, highway and other
purposes and pursuant to the authority granted in
Streets and Highways Code Sec. 4090, Government
Code Sec. 40404, Title 7, Part 3 of the Code of
Civil Procedure, Article XI, Sec. 5 of the Cali-
fornia Constitution and the Charter of the City of
Alameda;
(b) The properties taken pursuant to this exercise of
the power of eminent domain are generally described
as Parcels A through H. The estate to be taken is
a fee simple.
(c) The public interest and necessity require the
proposed project.
(d) The proposed project is planned and located in the
manner that will be most compatible with the
greatest public good and the least private injury.
(e) The properties described herein are necessary for
the proposed project.
(f) Portions of the property described in Exhibit A are
remnant, parcels of such size, shape or condition as
to be of little market value. Acquisition of such
remnants is undertaken pursuant to Section 1240,410
of the Code of Civil Procedure.
(g) Portions of the property described in Exhibit A will
be used for the protection or preservation of the
attractiveness, safety and usefulness of the project.
(h) Portions of the property described in Exhibit A will
be used for substitute property pursuant to Section
1240.320 of the Code of Civl Procedure and said
property is necessary for the purpose specified
therein,
The City Attorney is hereby authorized and directed
to take any and all actions necessary on behalf of
the City, of Alameda to acquire said property by
eminent domain proceedings or otherwise Said City
Attorney is hereby authorized to retain legal
assistance in all matters in connection with the
acquisition of said property.
The Negative Declaration approved for the project
has been reviewed and considered -by the City
Council.
PARCEL A
That parcel of land in the City of Alameda County of Alameda,
State of California, described as follows:
Beginning at the intersection of the northwestern line of market
Street with the southwestern line of Calhoun Street, as said
streets are shown on the map; of "Alameda surveyed and drawn by
J. T. Stratton 1853 ", filed July 2 /4, 1879, Man Book 6 OR, nage A..,
Alameda County Records; thence along said, line of Market Street,
southwesterly 195 feet to the northeastern line of the land des
crihed in the deed to the State of California, dated June 18, 1950,
recorded July 13, 1951, Book 6486 OR, page 565, Alameda County
Records, Instrument No AF/59437; thence along said northeastern
line southeasterly to a line drawn parallel with said line of Market
Street and distant southeasterly 20 feet at right angles therefrom;
thence along said line so drawn, northeasterly to said line from
Calhoun Street; thence along the last line mentioned, northwesterly
20 feet to the point of beginning.
PARCEL A
A- 857451
Page 1 of 13
PARCEL B
That parcel of land in the City of Alameda, County of Alameda,
State of California, described as follows:
Beginning at the point of intersection of the southwestern line of
Calhoun Street with the northwestern "line of Market Street, as said
streets are shown on the Map of Alameda filed July 24 1879, in Map
Book 6, page 1, Alameda County Records; thence along said line of
Market Street south 42° 17' 57" west 194.98 feet to the northeastern
line of the parcel of land described in the deed to the State of
California recorded July 13 1951 in Book 6486 OR, page 565, Series
No AF,i59437; thence south 45 °;28' 39" east 18.29 feet; thence on the
arc of a tangent curve to the right with a radius of 250 feet, 42.09
feet to the southeastern line of Market Street; thence along the last
named line north 420,17' 57" east 23.08 feet to the center line of
Calhoun Street; thence along said center line'north 47° 39' 32" west
60 feet to the northwestern line of Market Street thence south 42°
17' 57" west 30 feet to the point, of beginning.
The bearings and distances in the above description are based on the
California Coordinate System, Zone 3
Excepting therefrom the following described portion thereof:
Beginning at the intersection of the northwestern line of Market
Street with the southwestern line of Calhoun Street, as said streets
are shown on the map of "Alameda surveyed and drawn by J. T. Stratton
1853 ", filed July 24, 1879 in Book 6 of Maps, page 1, Alameda County
Records, thence along said line of Market Street, southwesterly 195
feet to the northeastern line of the land described in the deed to the
State of California, dated June 18, 1950, recorded July 13, 1951, in
Book 6486 OR, page 565, Instrument No. AF/59437; thence along said
northeastern line southeasterly to a line drawn parallel with said
line of Market Street and distant southeasterly 20 feet at right angles
therefrom; thence along said line so drawn, northeasterly to said
line of Calhoun Street; thence along the last line mentioned, north -
westerly 20 feet to the point of beginning.
PARCEL B
A- 857452
Page 2 of 13
PARCEL C
Those parcels of and in the City of Alameda, County of Alameda,
State of California, described as follows:
PARCEL 1: Beginning at the point of intersection of the northeastern
line of Calhoun Street with the northwestern line of Market Street,
as said streets are shown on the map of Alameda, filed July 24, 1879,
in Map Book 6, page 1, Alameda County Records, thence northeasterly
along said line of Market Street 100 feet to the northeastern line of
Lot 3, in Block 26, as shown on said "Man of Alameda ", thence south -
easterly along the direct production of the northeastern line of said
Lot 3, a distance of 30 feet to the center line•of Market Street;
thence southwesterly along said center line 130 feet to the center line
of Calhoun Street; along the last named line 30
feet to the northwestern line of Market Street; thence northeasterly
along the last said line 30 feet to the point of beginning.
PARCEL 2: Beginning at the point'of intersection of the center line
of Calhoun Street with the center line of Market Street, as said streets
are shown, on the Map of Alameda, filed, July 221, 1879, is Map Book 6,
page 1, Alameda County Records thence northeasterly along the center
line of said Market Street 130 feet until intersected by the direct
production southeasterly of Lot 3, in Block 26, as shown on said "Map
of Alameda ", thence southeasterly along the direct production of said
Lot 3, a distance of 30 feet to the southeastern line of said Market
Street; thence southwesterly along the last named line 130 feet to the
center line of said Calhoun Street thence northeasterly along the
center line of Calhoun Street 30 feet to the point of beginning.
PARCEL C
A- 857453
Page 3 of 13
PARCEL D
That parcel of land in the City of Alameda, County of Alameda,
State of California, described as follows:
Beginning at the intersection of the southeastern line of Market
Street with the center line of Clay Street; thence northeasterly
along said line of Market Street and the direct projection north-
easterly thereof, to the intersection thereof with a direct pro-
jection southeasterly of the center line of Calhoun Street, thence
at right angles southeasterly to the boundary line between lots
3 and 41 in Section 19, Township 2, south, range 3 west, Mount
Diablo Base and Meridian, as said lots are shown on Map No 2 of
Salt Marsh and Tidelands situate in the County of Alameda, State
of California, on file in the office of the Board of State Tideland
Commissioners, and certified copies thereof being filed in the
office of the Surveyor General of the State of California, and
also in the office of the Recorder of the City and County of San
Francisco; thence southerly along said boundary line to the inter -
section thereof with the southern boundary line of said lot L1 in
said Section 19; thence westerly along the southern line of said
lot 44 in the intersection thereof with a line drawn southeasterly
from the point of beginning at right angles to the southeastern
Tine of Market Street; and thence northwesterly along said line
so drawn to the point of beginning,
'Excepting therefrom that portion thereof described in the deed
to the State of California, recorded June 28, 1951 under
Recorder's Series No. AF/54759•
PARCEL D
A- 857454
Page 4 of 13
PARCEL E
Those parcels of land in the City of Alameda, County of Alameda,
State of California, described as follows:
PARCEL 1:
All that portion of Lot 29, Section 18, Township 2 South, Range
3 West, Map No 2 of Salt Marsh and Tide Lands, situated in the
County of Alameda, State of 'California, filed in the office of
the Board of State Tide Land Commissioners, `lying - northeasterly
of the direct extension southeasterly of the center line of
Calhoun Street, northwest of the direct ,extension southwesterly
of the northwestern line of Leandro Ltreet and southwesterly of
the direct extension southeasterly of the southwestern line of
Washington Street.
Excepting therefrom the following described portions thereof:
(a) Commencing at a point on the northeastern line of Washington
Street, distant thereon southeasterly 220 feet from the center
line of Market Street, Map of Alameda, filed July 24, 1879, Map
Book 6, page 1, Alameda County Records; thence parallel to said
center line of Market Street, northeasterly 100 feet; thence
parallel with said line of Washington Street, southeasterly 45
feet; thence parallel with said center line of Market Street
southwesterly 160 feet to the actual point of beginning; thence
parallel with said center line of Market Street, southwesterly
100 feet; thence parallel with said line of Washington Street,
northwesterly 45 feet; thence parallel with said center line of
Market Street, northeasterly 100 feet to the southwestern line
of Washington Street; and thence along the last named line and
along the direct extension thereof southeasterly 45 feet to the
actual point of beginning.
(b) Commencing at a point on the southwestern line of Washington
Street, distant thereon southeasterly 132 feet from the center
line of Market Street, Map of Alameda, filed July 24, 1879, Map
Book 6, page 1, Alameda County Records; thence southwesterly .
parallel with said line of Market Street 200 feet to the north-
eastern line of Fillmore Street; thence southeasterly along the
last named line and the direct extension southeasterly thereof
88 feet, thence northeasterly parallel with said line of Market
Street 200 feet to said line of Washington Street; thence along
the last named line northwesterly 88 feet to the point of begin-
ning.
PARCEL E
A- 857455
(continued)
Page 5 of . 13
-2-
(c) Beginning at the point of intersection of the southeastern
line of Market Street with the southwestern line of Fillmore Street,
Map of Alameda, filed July 24, 1879, Map Book 6, page 1, Alameda
County Records; thence southeasterly along said line of Fillmore
Street and its direct extension southeasterly 100 feet; thence
southwesterly parallel with said line of Market Street 200 feet
until intersected by the direct production southeasterly of the
northeastern line of Calhoun Street, as shown on said Map; thence
northwesterly along said line of Calhoun Street so produced 100
feet to said line of Market Street, thence along the last named
line northeasterly 200 feet to the point of beginning.
PARCEL 2:
Portion of Block 33, Map of Alameda, etc., filed July 24, 1879,
Map Book 6, page 1, Alameda County Records, and a portion of
Lot 29, Section 18, Township 2 South, Range 3 West, Mount Diablo
Base and Meridian, Map No. 2 of Salt Marsh and Tide Lands situated
in the County of Alameda, State of California, an file in the
office of the Department of Finances State Lands Commission,
formerly the office of the Surveyor General of the State of
California, described as follows:
Beginning at, a point on the direct production southeasterly of
the northeastern line of Fillmore, formerly Webster, Street,
distant thereon southeasterly 176 feet from the .intersection
thereof with the center line of Market Street (now abandoned),
as said Streets are shown on said first above mentioned map,
thence along said extended line of Fillmore Street southeasterly
44 feet, thence parallel with said line of Market Street north-
easterly 100 feet, thence parallel with said extended lino of
Fillmore Street northwesterly 44 feet, and thence Parallel with
said line of Market Street southwesterly 100 feel to the point
of beginning.
PARCEL 3:
Portion of Block 25, Map of Alameda, etc., filed July 24, 1879,
Map Book 6, page 1, Alameda County Records, and a portion of
Lot 29, Section 18, Township 2 South, Range 3 West, Mount Diablo
Base and Meridian, Map No. 2 of Salt Marsh and Tide Lands situated
in the County of Alameda, State of California, on file in the
(continued)
Page 6 of 13
office of the Department of Finance, State Lands Commission, formerly
the office of the Surveyor General of the State of California,
described as follows:
Beginning at the point of intersection of the southwestern line of
Fillmore Street, formerly Webster Street, with the southeastern line
of Market Street, as said Streets are shown on the filed map firstly
hereinabove referred to; thence along said line of Market Street,
southwesterly 40 feet; thence southeasterly parallel with said line
of Fillmore Street and the direct extension southeasterly thereof
100 feet; thence northeasterly parallel with said line of Market
Street 40 feet to the direct extension southeasterly of said line
of Fillmore Street; thence northwesterly along the last mentioned
line and along said line of Fillmore Street 100 feet to the point
of beginning.
Excepting therefrom the northwesterly 40 feet thereof.
PARCEL 4:
Portion of Block 25, Map of Alameda, etc., filed July 24,, 1879,
Map Book 6, page 1, Alameda County Records, and a portion of
Lot 29, Section 18, Township 2 South, Range 3 West, Mount Diablo
Base and Meridian, Map No ® 2 of Salt Marsh and Tide Lands situated
in the County of Alameda, State of California, on file in the
office of the Department of Finance, State Lands Commission, formerly
the office of the Surveyor General of the State of California,
described as follows:
Beginning at a point on the southeastern line of, Market Street
distant thereon southwesterly 40 feet from the point of inter-
section thereof with the southwestern line of Fillmore Street,
formerly Webster Street, as shown on the filed map firstly herein -
above referred to; thence southwesterly along said line of Market
Street 40 feet; thence southeasterly parallel with said line of
Fillmore Street and the direct extension southeasterly thereof
100 feet; thence northeasterly parallel with said line of Market
Street 40 feet; thence northwesterly parallel with said line of
Fillmore Street and its direct extension southeasterly 100 feet
to the point of beginning.
Excepting therefrom the northwesterly 40 feet thereof.
(continued)
Page 7 of 13
PARCEL 5:
Portion of Block 25, Map of Alameda, etc., filed July 24, 1879,
Map Book 6, page 1, Alameda County Records, and a portion of
Lot 29,, Section 18, Township 2 South, Range 3 West, Mount Diablo
Base and Meridian, Map No 2 of Salt Marsh and Tide Lands situated
in the County of Alameda, State of California, on file in the
office of the Department of Finance, State Lands Commission,
formerly the office of the Surveyor General of the State of
California, described as follows:
Beginning at a point on the southeastern line of Market Street
distant thereon southwesterly 80 feet from the point of inter-
section thereof with the southwestern line of Fillmore Street,
formerly Webster Street, as said Streets are shown on said map
firstly hereinabove referred to; thence southwesterly along said
line of market Street 40 feet; thence southeasterly parallel
with said line of Fillmore Street and the direct extension south -
easterly thereof 100 feet; thence northeasterly parallel with said
line of Market Street 40 feet; thence northwesterly parallel with
said line of Fillmore Street and, the direct extension southeasterly
thereof 100 feet to the point of beginning.
Excepting therefrom the northeastern 20 feet of the northwestern
40 feet thereof.
PARCEL 6:
Portion of Block 25, Map of Alameda, etc., filed July 24, 1879,
Map Book 6, page 1, Alameda County Records, and a portion of
Lot 29, Section 18, Township 2 South, Range 3 West, Mount Diablo
Base and Meridian, Map No. 2 of Salt Marsh and Tide Lands situated
in the County of Alameda, State of California, on file in the
office of the Department of Finance, State Lands Commission,
formerly the office of the Surveyor General of the State of
California, described as follows:
Beginning at a point on the southeastern line of Market Street
distant thereon southwesterly 120 feet from the point' of inter-
section thereof with the southwestern line of Fillmore Street,
formerly Webster Street, as said Streets are shown on the filed
(continued)
Page 8 of 13
map firstly hereinabove referred to; thence southwesterly along
said line of Market Street 40 feet; thence southeasterly parallel
with said line of Fillmore and the direct extension southeasterly
thereof 100 feet; thence nortbkasterly parallel with said line of
Market Street 40 feet; thence northwesterly parallel with the said
line of Fillmore Street and the direct extension southeasterly
thereof 100 feet to the point of beginning.
PARCEL 7:
Portion of Block 25, Map of Alameda, etc., filed July 24, 1879,
Map Book 6, page 1, Alameda County Records, and a portion of
Lot 29, Section 18, Township 2 South, Range 3 West, Mount Diablo
Base and Meridian, Map No. 2 of Salt Marsh and Tide Lands situated
in the County of Alameda, State of California, on file in the
office of the Department of Finance, State Lands Commission,
formerly the office of the Surveyor General of the State of
California, described as follows:
Beginning at a point on the southeastern line of Market Street
distant thereon southwesterly 160 feet from the point of inter-
section thereof with the southwestern line of Fillmore Street,
formerly Webster Street, as said Streets are shown on the filed
map firstly hereinabove referred to; thence southwesterly along
said line of Market Street 40 feet to the direct extension south-
easterly of the northeasterly line of Calhoun Street, as shown
on said filed map firstly hereinabove referred to; thence south-
easterly along the last named line 100 feet; thence northeasterly
parallel with said line of Market Street 40 feet until intersected
by a line drawn southeasterly from the point of beginning parallel
with said line of Fillmore Street; thence northwesterly along said
line so drawn 100 feet to the point of beginning.
Page 9 of 13
PARCEL F
Those parcels of land in the City of Alameda, County of Alameda,
State of California, described as follows:
PARCEL 1:
A portion of the property described as Parcel 1 in the Final
Order of Condemnation, had in the Superior Court of the State
of California, in and for the County of Alameda, recorded August
29, 1974, ReeL3764 OR, Image 594, Alameda County Records, described
as follows:
Beginning at a point on the northeastern line of Washington Street,
extended, at the northwestern terminus of the right-of-way described
in the Grant of Easement to the City of Alameda, recorded August 16,
1976, Reel 4486 OR, Image 813, Alameda County Records; thence South
47° 40 35" East, 59.61 feet to the beginning of a tangent curve
concave to the north, thence northeasterly along said curve having
a'radius of 20 feet, through a central angle of 89° 58' 33", a
distance of 31.41 feet; thence North 42° 20' 52" East, 699.91 feet,
thence North 47° 40' 35" West 19.51 feet; thence South 42° 22' 01"
West 100.00 feet: thence South 47° 40' 35" East 12.86 feet: thence
South 46° 59'' 03" West 33.44 feet; thence North 47° 40' 35" West
10.17 feet; thence South 42° 22' 01" West 66.66 feet; thence South
470 40' 35" East, 4.79 feet; thence South 46° 59' 03" West, 181.83.
feet; thence South 54° 59' 03" West, 229.16 feet; thence South 42°
21' 18" West, 115.14 feet, more or less, to the point of beginning.
PARCEL 2:
The northwestern 19.51 feet of Block 67, Map of the Town of
Alameda and Adjacent Lands, filed September 12, 1867, Map Book
5, page 16, Alameda County Records.
PARCEL F
A-857456
Page 10 of 13
PARCEL G
Those parcels of land in the City of Alameda, County of Alameda,
State of California, described as follows:
PARCEL 1:
Beginning at a point on the northwestern line of Leandro Street
distant thereon northeasterly 100 feet from the point of inter-
section thereof with the northeastern line of Madison Street;
thence northeasterly along said line of Leandro Street 24.33
feet to the northeastern line of Block 68, as shown on the Map
of Alameda, filed July 24, 1879 in Map Book 6, page 1, Alameda
County Records; thence along the direct production southeasterly
of the last named line 30 feet; thence southwesterly parallel
with said line of Leandro Street 24.33 feet, more or less, until
intersected by a line drawn southeasterly, parallel with said
line of Madison Street produced southeasterly from the point
of beginning; thence northwesterly along said .lines so drawn
30 feet to the point of beginning.
PARCEL 2:
Beginning at the point of intersection of the center line of
Madison Street with the northwestern line of Leandro Street;
thence northeasterly along said line of Leandro Street 130 feet;
thence southeasterly parallel with said line of Madison Street
30 feet; thence southwesterly parallel with said line of Leandro
Street 130 feet until intersected by the center line of Madison
Street produced southeasterly; thence along the last named line
northwesterly 30 feet to the point of beginning.
PARCEL 3:
All that portion of the northwestern 1/2 of Leandro Street lying
between the direct production southeasterly of the center lines
of Madison Street and of San Jose Avenue.
PARCEL 4:
All that portion of Leandro Street lying between the direct pro-
duction southeasterly of the center line of San Jose Avenue and
the direct production southeasterly of the northeastern line of
Adams Street.
PARCEL G
A- 857457
(continued)
Page 11 of 13
—2—
PARCEL 5:
All that portion of the southeastern 1/2 of Leandro Street lying
between the direct production southeasterly of the center line of
San Jose Avenue and the direct production southeasterly of the
center line of Madison Street.
Excepting therefrom that portion thereof lying between the direct
production northwesterly of the northeastern and southwestern
lines of Lot 11, in Block 58, Map of Alameda, filed July 24, 1878,
Map Book 6, page 1, Alameda County Records.
PARCEL 6:
All that portion of the southeastern 1/2 of Leandro Street lying
between the direct production northwesterly of the northeastern
and the southwestern lines of Lot 11, Block 58, Map of Alameda,
filed July 244, 1878, Map Book 6, page 1, Alameda County Records.
PARCEL 7:
All that portion of the southeastern 1/2 of Leandro Street.lying
northeasterly of the direct production southeasterly of the center
line of Madison Street.
PARCEL 8:
All that portion of Leandro Street lying southwesterly of the
direct production southeasterly of the northeastern line of Adams
Street.
Pac7c? 12 of 13
PARCEL H
That, parcel of land in the City of Alameda, County of Alameda,
State of California, described as follows:
. Fractional Lot 11, Fractional Block 58, Map of Alameda, surveyed
and drawn by J. T. Stratton, 1853, Map Book 6, page 1, Alameda
County Records.
PARCEL H
A-857458
Page 13 of 13
I, the undersigned, hereby certify that the foregoing
Resolution was duly and regularly adopted and passed by the
Council of the City of Alameda in regular meeting assembled on
the 18th day of March, 1980, by the following vote, to wit:
AYES: Councilmen Diament, Sherratt, Stone,
Tillman and President Corica - 5.
NOES: None.
ABSENT: None.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the official seal of said City this 19th day of March,
1980.
City 'Clerk 'of Fie City