Loading...
Resolution 12331CITY OF ALAMEDA RESOLUTION NO. 12331 ACCEPTING GRANT OF A NON-EXCLUSIVE ACCESS EASEMENT ALONG THE ALAMEDA/OAKLAND ESTUARY FROM ALAMEDA REAL ESTATE INVESTMENT TO THE CITY OF ALAMEDA WHEREAS, the Bay Conservation and Development Commission and Marina Village Master Plan require that a continuous public access be provided along the shoreline of the Alameda/Oakland estuary at Marina Village; and WHEREAS, Parcel Maps 6340 and 6343, approved by the City Council of the City of Alameda on September 15, 1992, provides for creation of this public access; and WHEREAS, the adoption of this easement will provide the last link and complete the shoreline public access for Marina Village; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Alameda, that the Mayor of said City, be, and he is hereby authorized to accept, by this resolution, the grant of a non- exclusive access easement along the Alameda/Oakland estuary from Alameda Real Estate Investment. BE IT FURTHER RESOLVED that the improvements within this public easement will be maintained by the Marina Village Maintenance Assessment District. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to record the Grant of Easement with the County of Alameda, in the form and containing the terms and conditions set forth in the aforesaid grant of easement attached hereto as Exhibit A. RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: CITY OF ALAMEDA 2263 Santa Clara Avenue Alameda, California 94501 Attn: City Engineering GRANT OF NON - EXCLUSIVE EASEMENT THIS GRANT OF NON - EXCLUSIVE EASEMENT is made as of at/ 4 &'f® 13- , 1992 by ALAMEDA REAL ESTATE INVESTMENTS, a California limited partnership ("AREI "). RECITALS A. AREI is the owner of that certain real property located in the City of Alameda, County of Alameda, State of California, more particularly described as: Lot 3 of Parcel Map 4299, recorded July 24, 1985, Map Book 155, at Pages 21 -26, Official Records, Alameda County, California B. AREI desires to grant to the City of Alameda for the benefit of the general public, a non - exclusive easement over a portion of Lot 3 of Parcel Map 4299 for public access and open space. GRANT Grant of Non - Exclusive Easement. AREI hereby grants to the City of Alameda for the benefit of the general public, a non - exclusive easement over that portion of Lot 3 of Parcel Map 4299, as set forth in Exhibit A attached hereto and made a part hereof,for public access and open space. IN WITNESS WHEREOF, the undersigned have executed this Grant of Non - Exclusive Easement as of the date first written above. ALAMEDA REAL ESTATE INVESTMENTS, a California limited partnership By: Vintage Properties - Alameda Commercial, a California corporation, Managing General Partner eph E. Mai/eigh Its: (1 Vice President By: - 1 - EXHIBIT A State of California County of /; On at.xiit.t/ l 3 said State, personally appeared , 1992 before me, the undersigned, a Notary Public in and for tics -VC , /Tick 4, personally known to me (or proved to me on the basis of satisfactor evidence) to be the person who executed the within instrument as the on behalf of VINTAGE PROPERTIES - ALAMEDA COMMERCIAL, a California corporation, the corporation therein named, and acknowledged to me that said corporation executed the within instrument pursuant to its bylaws or a resolution of its board of directors, said corporation being known to me to be the general partner of ALAMEDA REAL ESTATE INVESTMENTS, a California limited partnership, the limited partnership that executed the within instrument, and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same. WITNESS my hand and official seal. A 1' OFFICIAL SEAL ALICE CY CNAN NOTARY PUBLIC CALIFORNIA SAN MATEO COUNTY My C .Pmm. Expires Aug. 28, 1992 Notary Public, State of California 2 a JULY 29, 1992 JOB NO. 7001 -86 -75 LEGAL.1 LEGAL DESCRIPTION REAL PROPERTY SITUATE IN THE CITY OF ALAMEDA, COUNTY OF ALAMEDA, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEING A PORTION OF LOT 3, AS SAID LOT IS SHOWN AND SO DESIGNATED ON THAT CERTAIN MAP ENTITLED "PARCEL MAP NO. 4299 ", FILED JULY 24, 1985, IN BOOK 155 OF PARCEL MAPS, AT PAGE 21,IN THE OFFICE OF THE COUNTY RECORDER OF ALAMEDA COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 3; THENCE, ALONG THE NORTHERLY LINE OF SAID LOT, SOUTH 63 °31'14" EAST, 380.04 FEET; THENCE, LEAVING SAID NORTHERLY LOT LINE,SOUTH 26 °28'46" WEST, 15.00 FEET; THENCE, NORTH 63 °31'14" WEST, 82.33 FEET; THENCE, SOUTH 26 °28'46" WEST, 8.00 FEET; THENCE, NORTH 63 °31'14" WEST, 275.00 FEET; THENCE, SOUTH 81 °37'00" WEST, 27.27 FEET1TO THE SOUTHEAST CORNER OF LOT 3,AS SAID LOT IS SHOWN AND SO DESIGNATED ON THAT CERTAIN MAP ENTITLED'PARCEL MAP NO. 5080; FILED FEBRUARY 25, 1988, IN BOOK 174 OF PARCEL MAPS, AT PAGE 85; THENCE, ALONG THE EASTERN LINE OF SAID LOT 3/NORTH 25 °59'04" EAST, 38.29 FEET/TO THE POINT OF BEGINNING. CONTAINING 8,255 SQUARE FEET MORE OR LESS. END OF DESCRIPTION PREPARED BY:\ ES R. STEDMAN C.E. 17522 NT OF tEGIt.1NING d0� 0 tH E ©E3© SCALE : 1" = 40' LEGEND `„"ii P.U.E. = PUBLIC UTILITY EASEMENT A.E. = ACCESS EASEMENT \ \\ _ 2Co°28'4Co "E�� 1 5.00' EXISTING 15'LJI0E \ \ FikE PLAT TO ACCOMPANY LEGAL DESCRIPTION JOB NO. 7001 -75 I, the undersigned, hereby certify was duly and regularly adopted and City of Alameda in regular meeting October , 1992, by the AYES: NOES: ABSENT: ABSTENTIONS: that the foregoing Resolution passed by the Council of the assembled on the 70th day of following vote to wit: Councilmembers Arnerich, Camicia, Lucas, Roth and President Withrow - 5. None, None. None. IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 21st day of October 1992. Diane 3. Felsch, Ci y Clerk City of Alameda