Resolution 10267ORIGINAL
CITY OF ALAMEDA RESOLUTION NO. 10267
ORDERING VACATION OF A STORM DRAIN EASEMENT, ACCEPTING
A NEW STORM DRAIN EASEMENT, AND ACCEPTING SANITARY
SEWER, ELECTRICAL POWER, AND CABLE TELEVISION
EASEMENTS WITHIN TRACT 3903
WHEREAS, that certain map entitled Tract 3903, filed on
December 23, 1977, granted a storm drain easement to the City
which had to be relocated to accommodate the actual constructed
location of the pipes; and
WHEREAS, it is necessary to vacate the original easement
and accept a new easement; and
WHEREAS, when Tract Map 3903 was flied it was unforeseen
that the following easements would be necessary: (1) a sanitary
sewer easement located in common area "A", (2) Cable Television
easements located in Lot 5, Block 9, and Lot 13, Block 20; and
(3) an electrical easement located in Lot 1, Block 9; and
WHEREAS, Ponderosa Homes has executed and delivered to
the City the following Grants of Easement:
(1) A perpetual Easement for Underground Storm Sewer Pipes
and their appurtenances dated January 31, 1984;
(2) A perpetual Easement for Underground Sanitary Sewer
Pipes and their appurtenances dated January 31, 1984;
(3) A permanent Easement and Right of Way for Cable
Television purposes dated January 31, 1984; and
(4) A permanent Easement and Right of Way for Electric
Power purposes dated January 31, 1984;
all as more fully described in said Grants of Easement; and
WHEREAS, it is in the best interests of the City that said
storm drain easement be vacated and that all easements granted
to the City be accepted;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF ALAMEDA that the Storm Drain Easement in Parcel "A" of Tract
3903 described as:
The strips of land, 11.00 feet and 12.00 feet in width
designated as Storm Drain Easement (S.D.E) lying in
Parcel "A" as said easement and Parcel are shown upon
that certain map entitled, "TRACT 3903, ALAMEDA,
-1-
CALIFORNIA ", filed December 23, 1977 in Book 99 of maps
at pages 60 thru 64, inclusive, County of Alameda Records,
is hereby ordered vacated pursuant to the provisions of Chapter
4, Part 3, Division 9 of the California Streets and Highways Code,
and particularly Section 8333 thereof.
BE IT FURTHER RESOLVED that the Council of the City of
Alameda hereby finds and declares that (1) the said easement
ordered vacated herein is unnecessary for present or prospective
public use, and (2) said easement has never been used by
the City of Alameda for any purpose whatever since the date of
its acquisition to the date of this resolution.
BE IT FURTHER RESOLVED that the City Clerk shall cause
a certified copy of this order, attested under seal, to be recorded
in the County Recorder's Office and frcm and after the date this
resolution is recorded the public service easement vacated no
longer shall constitute a public service easement.
BE IT FURTHER RESOLVED that the aforementioned Grants of
Easement dated January 31, 1984, granted by Ponderosa Homes, a
General Partnership, to the City of Alameda, for an Easement for
Underground Storm Sewer Pipes, an Easement for Underground Sanitary
Sewer Pipes, an Easement and Right of Way for Cable Television
purposes and an Easement and Right of Way for Electric Power
purposes, are hereby accepted on behalf of the City of Alameda,
and said Council, acting for and on behalf of said City, hereby
consents to the recordation of said Grants of Easement and orders
this resolution to be attached thereto, as required by Section
27281 of the Government Code of the State of California.
I, the undersigned, hereby certify that the foregoing Resolution
wa's duly and regularly adopted and passed by the Council of the
City of Alameda in regular meeting assembled on the 20th of March, 1984,
by the following vote to wit:
AYES: Councilmembers Gorman, Hanna, Lucas, Monsef and President Diament - 5.
NOES: None.
ABSENT: None.
IN WITNESS WHEREOF, T have hereunto set my hand and affixed the official
seal of said City this 21st day of March, 1984.
City ClerkTof the City o