Resolution 12649CITY OF ALAMEDA RESOLUTION NO. 12649
GRANTING A NOISE MONITORING FACILITY EASEMENT
TO THE CITY OF OAKLAND (PORT OF OAKLAND)
WHEREAS, the Port of Oakland has previously established
two automated aircraft noise monitoring facilities on property
owned by the City of Alameda (Noise Monitoring Terminal No. 3 and
Noise Monitoring Terminal No. 4).
WHEREAS, the Port is prepared to install a third
automated aircraft noise monitoring terminal on property owned by
the City of Alameda being Fire Station Number Four, 2595 MeCartney
Road (Noise Monitoring Terminal No 7) to help in determining
airport and aircraft noise levels and those aircraft deviating from
established noise abatement procedures, and for providing data to
support resolution of noise complaints; and
WHEREAS, the Port agrees to provide reports and
information generated by this new facility to City of Alameda upon
request; and
WHEREAS, the legal description describing the proposed
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Noise Monitoring Facility Easement is attached hereto as Exhibit A,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the 01 W
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City of Alameda that
1. The cost to lease/purchase and install the noise
monitoring equipment is solely the responsibility of the Port. The
Port has agreed to reimburse the City yearly for electricity
consumed by the facility. The Port has agreed to provide reports
and information generated by the facility upon request by the City.
2. The consideration for granting the easement is the
City's access to the noise monitoring information to help keep
airport/aircraft generated noise at acceptable levels and to
identify those who fail to comply with airport noise abatement
procedures.
BE IT FURTHER RESOLVED that the City Council of the City
of Alameda grants the Noise Monitoring Easement, attached hereto as
Exhibit A, to the City of Oakland, acting through its Board of Port
Commissioners.
BE IT FURTHER RESOLVED that the Mayor and the City Clerk
be, and each hereby is, authorized and directed to execute and to
attest to, respectively, on behalf of the City of Alameda, a grant
of said easement to the City of Oakland, acting through its Board
of Port of Commissioners.
PORT OF OAKLAND - OFFICIAL BUSINESS
DOCUMENT ENTITLED TO FREE RECORDATION
UNDER GOVERMOINT CODE SECTION 27383
RECORDED ON BEHALF Or AND WHEN
RECORDED RETURN TO:
Stanley P. Hebert
Port Attorney
Port of Oakland
530 Water Street
Oakland, CA 94607
Terminal No. 7
GRANT OF NOISE MONITORING FACILITY EASEMENT
CITY OF ALAMEDA, a municipal corporation, (hereinafter
"Grantor") , for valuable consideration hereby grants to the CITY OF
OAKLAND, a municipal corporation, acting by and through its Board
,of Port Commissioners, located in the County of Alameda, State of
California, its successors and assigns, (hereinafter "Grantee") a
private nonexclusive easement and right-of-way for the
installation, construction, reconstruction, maintenance, repair,
operation and use of Noise Monitoring Equipment and appurtenances,
in, under, over, along and across that real property located in the
City of Alameda, County of Alameda, State of California, and
described in that certain Grant Deed recorded September 17, 1990,
as document number 90-246940, in the Official Records of Alameda
County:
Noise Monitoring Terminal No. 7
Property is a fire station owned by the City of Alameda,
Fire Station Number Four, located at 2595 Mecartney Road,
City of Alameda, County of Alameda, State of California.
Noise monitoring terminal to be installed approximately
43 feet south of the southern corner of the fire station
garage; and approximately four (4) feet west from the
fire station garage wall running north-south.
TOGETHER, with the right of ingress and egress thereto
and therefrom during normal business hours (8:00 a.m. to 5:00 p.m.,
Monday through Friday) for all purposes reasonably connected with
the full and complete enjoyment of the rights hereby granted.
Emergency access may be granted by the Fire Chief or his/her
authorized representative during other than normal business hours.
IT IS FURTHER AGREED THAT, electrical power is to be
available through the wiring located adjacent to the noise
monitoring terminal. Electrical raceways, wiring and connections
shall be the responsibility of Grantee. Grantee shall reimburse
Grantor for electrical power consumption at the flat rate of $6.00
per year, subject to periodic adjustments in accordance with future
rate increases.
IT IS FURTHER AGREED THAT, telephone connections may be
installed to the utility room, phone cable connection area, on the
first floor of the building. Phone connections, cables and service
shall be the responsibility of Grantee.
EXHIBIT A
IT IS FURTHER AGREED THAT, Grantee shall indemnify and
hold harmless Grantor, its City Council, Boards and Commissions,
officers, employees, agents and invitees from and against any and
all loss, damages, liability, claims, suits, costs and expenses
whatsoever, including reasonable attorneys' fees, regardless of the
merits or outcome of any such claim or suit, arising from or in any
manner connected to Grantee's or its employees, agents or invitees
use and enjoyment of the rights hereby granted. Grantee at its
cost shall maintain public liability and property damage insurance
with a combined single limit of not less than $1,000,000 insuring
against all liability of Grantee and its employees, agents and
invitees arising out of and in connection with such use and
enjoyment of the rights hereby granted. Such public liability and
property damage insurance shall insure performance of the indemnity
provisions of this paragraph, shall name Grantor as an additional
insured, and shall provide for not less than thirty (30) days'
notice to Grantor prior to cancellation.
IT IS FURTHER AGREED THAT, the teiui of this Easement is
for a period of ten (10) years from the date of its execution and
the term will automatically renew for subsequent ten (10) year
periods unless otherwise terminated in writing by Grantor or
Grantee. Notwithstanding the above, the Grantor may terminate this.
Easement at any time and for any reason upon the giving of ninety
(90) days prior written notice to Grantee.
IT IS FURTHER AGREED THAT, all data obtained from noise
monitoring equipment installed shall be provided to Grantor upon
request.
Executed by Grantor , 1995.
CITY OF ALAMEDA,
a municipal corporation
By
At
APPROVED AS TO FORM:
t4r-* aty,frlivAvvir--
ity Attorney
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 6th day of
June , 1995, by the following vote to wit:
AYES:
Councilmembers Arnerich, DeWitt, Lucas,
Mannix and President Appezzato - 5.
NOES: None.
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the
official seal of said City this 7th day of June , 1995.
Diane B. Felsch, City Clerk
City of Alameda