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Resolution 13627CITY OF ALAMEDA RESOLUTION NO. 13 6 2 7 VACATING EXCESS RIGHT -OF -WAY ON HARBOR BAY PARKWAY IDENTIFIED AS PARCELS 100 -1, 106 -1 AND 109 -1 AND ON MAITLAND DRIVE IDENTIFIED AS PARCEL 109 -2, INCLUDING RELATED PUBLIC EASEMENTS IDENTIFIED AS PARCELS 103 -1, 104 -1 AND 105 -1 (STREETS AND HIGHWAYS CODE §8320 et seq.) WHEREAS, the City of Alameda, incorporated with the City of Oakland and the Port of Oakland has recently completed a section of the Airport Roadway Improvement Project which necessitated the realignment of portions of Harbor Bay Parkway and Maitland Drive; and WHEREAS, as a result of the realignment portions of the old roadway, alignment and related easements are now excess and must be abandoned and relocated; and WHEREAS, on July 28, 2003, the Planning Board considered the proposed abandonment of the excess right -of -way on former alignment of Harbor Bay Parkway, identified as Parcel 100 -1 (0.674 acres), Parcel 106 -1 (0.248 acres), Parcel 109 -1 (5 foot wide strip) and the excess right -of -way on the former alignment of Maitland Drive, identified as Parcel 109 -2 (0.576 acres) as situated just north of Harbor Bay Parkway, and relinquishment of three public utility and access easements, identified as Parcels 103 -1, 104 -1 and 105 -1, which comprise a 5 foot pathway and 12 foot lighting easement and found that the proposed abandonment of right of way and relinquishment of public utility and access easements was consistent with the General Plan; and WHEREAS, on August 19, 2003, at a noticed public hearing pursuant to Street and Highways Code Section 8310 et seq, the City Council considered the abandonment and vacation after excess right -of -way and easements as described above; and WHEREAS, all affected utility providers were contacted prior to the August 19, 2003 public hearing and have indicated no objection to the right -of -way vacation. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby abandons and vacates as a public right -of -way and road, the following portions of the former alignment of Harbor Bay Parkway and Maitland Drive, Parcels 100 -1, (0.674 acres), Parcel 106 -1 (0.248 acres), and Parcel 109 -1 (5 foot wide strip) and Parcel 109 -2 (0.576 acres), as more particularly described in the legal description attached as Exhibit "A" attached, pursuant to California Streets and Highways Code Section 8320 et seq. BE IT FURTHER RESOLVED that the City Council finds that public utility and access easements within Parcel 103-1, 104 -1 and 105 -1 as delineated and dedicated on Parcel Map 3940, filed December 29, 1982 in Book 137 of Parcel Maps at Pages 34 -36, Alameda County Records, described in Exhibit `B" attached, are unnecessary for present or prospective use due to the realignment of the public street and are therefore, hereby ordered vacated and relinquished pursuant California Streets and Highways Code Section 8320 et seq. BE IT FURTHER RESOLVED that the City Clerk shall cause certified copies of this order and Resolution, attested under seal, to be recorded in the County Recorder's Office and from and after the date this Resolution is recorded the easements and public right of way herein vacated shall no longer constitute an easement or public right of way. EXHIBIT "A" PARCEL 109 -2 01/15/0-1 Real property located in the City of Alameda, County of Alameda, State of California, being a portion of Parcels One and Two as described in City of Alameda Resolution No. 4946 recorded October 3, 1950 in Book 6245, Page 293, Official Records of Alameda County, and a portion of that parcel describe in Resolution No. 853, a Grant of Right of Way recorded February 18,1925, in Volume 928 at Page 251, Alameda County Records, more particularly described . as follows: COMMENCING at a city monument on Maitland Drive, identified as "MAIT-MEL", having the coordinates of North 2094185.421, East 6060298.837; thence from said monument South 32 °11'46" East 1359.16 feet to another city monument on Maitland Drive, identified as "MALT- FIT ", having the coordinates of North 2093035.257, East 6061023.021; thence South 30° 04'59" East 826.04 feet to the northeasterly corner of Exhibit "B" described in City of Alameda Waiver of Parcel Map and Certificate of Compliance recorded June 2, 1998 at-Series No. 98181394, Alameda County Records, which is on the southwesterly Right of Way line of Maitland Drive (60 feet wide) as described in said Resolution No. 853 (Vol. 928 Pg. 251), at its intersection with the northwesterly line of Harbor Bay Parkway as shown on Parcel Map 7025, filed December 4, 1997 in Book 232 of 'Parcel Maps at Pages 98 -99, Alameda County Records, being the TRUE POINT OF BEGINNING; thence along said southwesterly line North 32 °11'02" West 572.29 feet to a point of cusp with a curve concave to the northeast having a radius of 355.00, to which point a radial line bears South 57 °48'58 " West; thence southeasterly 209.42 feet along said curve, through a central angle of 33 °47'59" to a point on the northeasterly Right of Way line of said Maitland Drive; thence along said northeasterly line South 32 °11'02" .East 335.05 feet to a point on said northwesterly line of Harbor Bay Parkway; thence along said northwesterly line South 24 °17'18" West 71.98 feet to the TRUE POINT OF BEGINNING: Containing 25,101 square feet or 0.576 acres, more or less. Bearings, distances and coordinates used in this description and on its accompanying plat are based on the North American Datum of 1983, California Coordinate System of 1983,-Zone III. All distances called for by this description are grid distances. To convert grid distances to ground distances, multiply grid distance by 1.0000707. The coordinate values of the two city monuments referenced above were derived by least squares adjustment of conventional angle and distance observations and constrained to the Port of Oakland control monuments in the area shown on Record of Survey No. 990, filed for record in D: \Projects R2 \106305.ALA \docs \PARCEL 109 -2 rev1.doc Page 1 . of 2 01/15/01 . Book 18 of Record of Survey Maps, Pages 50-60, Alameda County Records, which is the Basis of Bearings for this description. End of Description Surveyor's Statement This description was prepared pursuant to section 8726 of the Business and Professions Code of the State of California by or •under the supervision of: Al C,/thia Marthaler, L.S. 6198 License expires 03/31/02 Date D:\Projects R21106305.ALA\docs\PARCEL 109-2 rev1.doc Page 2 of 2 ci tY 0 ALAMED4 MON. "MALT —MEL" N 2094185.421 E 6060298.837 • S66 47'16 "E 85.76' 924'17'18 "E PORTION TO BE ABANDONED T.P.O.B ° R .CITY L7 ' ALAMEDAl 738'46 "W(R) P.vi 4O 13 ('1 83 - 5) PAF CEL 0 v bfo e) t'd-,-)e ,c� 6\'' )TE: 0 '', ). CURVE TABLE NO. RADIUS DELTA LENGTH C1 . 769.00' 4°38'56" 62.39' C2 1249.00' 6°43'37" 146.64' C3 1157.00' 2°46'42" 56.10' GRAPHIC SCALE 0 50 100 200 300 IN FEET 1 INCH = 100 FT. map is based on NAD 83, 1984 adjustment, published in 1986, as shown on Record of Survey 990, s filed in Book 18 of Records of Survey at pages 50 -60, Alameda County Records. All distances hereon are grid distances. Multiply grid distances by 1.0000707 to convert to ground distances, BY: PARCEL 100 -1 DCV CHECKED BY: CM ATTACHMENTS: FILE LOC.> 106305.cIa Iat1OO. 1_Rev1 'O T OF OAKLAND D LND SURVEYS AND MAPPING �:iir �iw�rr 530 Water Street Oakland, California EXHIBIT "13" Plat to Accompany Legal Description HARBOR BAY ISLE ASSOCIATES DATE: 4- 24--00 SCALE: 100' Wrk. Ord: 605022 Field Bk: REVISION :1(cm) REV DATE:1 /31 /01 SHEET 1 OF 1 01/31/01 EXHIBIT "A" PARCEL 106 -1 - Real property located in the City of. Alameda, County of Alameda, State of California, being a portion of Parcels One and Two as described in City of Alameda Resolution No. 4945 recorded October 3, 1950 in Book 6245, Page 293, Official Records of Alameda County, more particularly described as follows: COMMENCING at a city monument on Maitland 'Drive, identified as "MAIT -MEL ", having the coordinates of North 2094185.421, East 6060298.837; thence from said monument South 32 °11'46" East 1359.16 feet to another city monument on Maitland Drive, identified as "MAIT- FIT ", having the coordinates of North 2093035.257, East 6061023.021; thence South 25 °00'01" East 879.16 feet to the most northerly corner of a Grant of Easement from Harbor Bay Isle Associates to the City of Alameda, recorded March 19, 1982 at Series No. 82- 039799, Alameda County Records; thence along the northerly line of said - Easement South 66 °47'16" East 5.00 feet to the TRUE POINT OF BEGINNING; thence North 24 °17'18 "'East 326.77 feet to the beginning of a non-tangent curve concave to the west having a radius of 50.00 feet, to which point a radial line bears North 87 °22'21" East; thence southerly 13.70 feet along said curve, through a central .angle of 15 °41'53" to the beginning of a reverse curve concave to the east having a radius of 1157.00 feet; thence southerly 322.52 feet, though ' a-central angle of 15 °58'17" to a point on the production of said northerly line; thence along said production and said northerly line, a non - tangent line North 66 °47'16" West 80.77 feet to the TRUE POINT OF. BEGINNING. Containing 10,786 square feet or 0.248 acres, more or less. Bearings, distances and coordinates used in this description and on its accompanying plat are based on the North American Datum of 1983, California Coordinate System of 1983, Zone III. All distances called for by this description are grid distances. To convert grid distances to.ground distances, multiply grid distance by1.0000707..The coordinate values of the two city monuments referenced above were derived by least squares adjustment of conventional angle and distance observations and constrained to the Port of Oakland control monuments in the area shown on Record of Survey No. 990, filed for record in Book 18 of Record of Survey Maps, Pages 50 -60, Alameda County Records, which is the Basis of Bearings for this description. End of Description D. \Projects R2 \106305.ALA \does \PARCEL 106 -1 Rev1.doc 01/31/01 Surveyor's Statement This description was prepared pursuant to section 8726 of the Business and Professions Code of the State of California by or under the supervision of: nthia Marthaler, L.S. 6198 • License expires 03/31/02 CAt4 D: \Projects R2 \106305.ALA \docs \PARCEL 106 -1 Rev1.doc t Date I • C) a Co 0 c 0 CO J / ) II r VAC 7 r) S3211 46 "E 9: rn ai C C 0 U C T +o L N Q 5 ' C o � Vi 0 O 0 O o O • Nom, CC Oc c C 0 • 0 O 0 0 N 0 0 13 N0 oP- CO QOO 0 (or I a co U) N 0 0 0 CO tj N 0 u- � p D 0 v r OJ c v 0 O N N N,', y 0 m 0 0. mi 0 0 w 0 0 0 0 4 4 t-- 0 0 1- w w 1 U) 1- w 0 0 Q t CD a o EXHIBIT "A" PARCEL 109-1 04/24/00 Real property located in the City of Alameda, County of Alaameda, State of California, being a portion of Parcel One as described in City of Alameda Resolution •No.. 4946 recorded October 3, 1950 in Book 6245, Page 293; Off icial Records of Alameda County, more particularly described as follows: All that real property described in City of Alameda Resolution No. 9885, recorded September 16, 1982 at.Series No. 82- 140680, Official Records of Alameda County, entitled 'Dedicating certain real property to public.use for.street purposes (Harbor Bay Parkway from Maitland Drive southerly approximately 100 feet — five feet wide)". D: \Projects R2\10630511ots \PARCEL 109 -1.doc / / / CITY OF ALAMEDA PARCEL MAP.' WAIVER AND CERTIFICATE OF COMPLIANCE 98- 181394 PORTION TO BE ABANDONED 5' WIDE STREET DEDICATION CITY OF ALAMEDA RESOLUTION NO. 9885 82- 140680 sj PM 4013 (MB 138-5) •r'ARCE L 5 • LAWN 8Y: cm CHECKED BY: cm ATTACHMENTS: FILE LOC.> / 'ARC 1-1,L, 109 -1 DATE: 5/16/01 SCALE: 1"= 40' Wrk. Ord: 106305 Field Bk: 106305.ata vac_.arcels 'MT - OF OAKLAND AND SURVEYS AND MAPPING 530 Water Street Oakland. California EXHIBIT "B" To Accompany Legal Description CITY OF ALAMEDA REVISION: 0 REV DATE: QUCCT1 nr 1 EXHIBIT "A" PARCEL 100 -1 01/31/01 Real property located in the City of Alameda, County of Alameda, State of California, being a portion of a Grant of Easement from Harbor Bay Isle Associates to the City of Alameda, recorded March 19, 1982 at Series No. 82 -. 039799, Alameda County Records, more particularly described as follows: COMMENCING at a city monument on Maitland Drive, identified as "MAIT-MEL", having the coordinates of North 2094185.421, East 6060298.837; thence from said monument South 32 °11'46" East 1359.1.6 feet to another city monument on Maitland Drive, identified as. "MAIT- FIT ", having the coordinates of North 2093035.257, East 6061023.021;-thence South 25 °00'01" East 879.16 feet to a point at the most northerly corner of said Grant of Easement (82- 039799), said point being the TRUE POINT OF BEGINNING; thence along the northerly line of said Easement South 66 °4716" East 85.76 feet to the beginning of a non- tangent curve concave to the east having a radius of 1157.00 feet, to which a• radial line bears North 87 °38'46" West; thence southerly 56.10 feet along said curve through a central angle of 2 °46'42" to a point on the easterly line of said Easement, said point being the beginning of a non- tangent curve concave to the northwest having a radius of 1249.00 feet, to which a radial line bears South 65°15'08" East; thence southwesterly 146.64 feet along said easterly line and said curve through a central angle of 6 °43'37" to the beginning of a non- tangent curve concave to the southeast having a radius of 769.00 feet, to which point a radial line bears North 17 °50'19" West; thence southwesterly 62.39 feet along said curve, through a central angle of 4 °38'56" to the beginning of a compound curve concave to the southeast having a radius of 617.00 feet; thence southwesterly 234.33 feet along 'said curve through a central angle of 21°45'38"; thence along a tangent line South 45 °45'08" West 22.34 feet to a point on the westerly line of said Easement, also being a point of cusp with a curve concave to the northwest having a radius of 11,41.00 feet, to which point a radial line bears South 44 °14'52" East; thence northeasterly427.43 feet along said westerly line and said curve through a central angle of 21°27'50"; thence continuing along said westerly line North 24 °1718" East 39.89 feet to the TRUE POINT OF BEGINNING. Containing 29,349 square feet or 0.674 acres, more or less. Bearings, distances and coordinates used in this description and on its accompanying plat are based on the North American Datum of 1983, California Coordinate System of 1983, Zone III. All distances called for by this description are grid distances. To convert grid distances to ground distances, multiply grid distance by 1.0000707. The coordinate values of the two city monuments referenced above wore derived by least squares adjustment of conventional D: \Projects R2\106305.ALA \does \PARCEL 100 -1 Revl .doc 01/31/01 'angle and distance observations and constrained to the Port of Oakland control monuments in'the area shown on Record of Survey. No. 990, filed for record in Book 18 of Record of Survey Maps, Pages 50-60, Alameda County Records, which is the.Basis of Bearings for this description. End of Description Surveyor's Statement This description was prepared pursuant to section 8726 of the Business and Professions Code of the State of California by or under the supervision, of: iyyia Marthaler, L.S. 6198 Date Li0ense expires 03/31/02 D:\Projects R2\106305.ALAdocs\PARCEL 100-1 Revl.doc P.O.C. MON.."MA•IT " " --MEL" N 2094185.421 E 6060298.837 CHUCK CORICA GOLF COURSE a =33 °4759" L =209.42. CITY 07 A.LAME'DA K 8246 PG .208 0 PARCrL MAF' WAJVrF? �I�IJ G FS?TrICA T"r OF COI\1JPL IA1yCr r E -1E31394 CITY 07 ALAMM1EJ.; l CITY OF" A L AME:DD 25,101 sq.ft. PORTION TO BE ABANDONED PARCFI, 3 PM .6804 M l84 --C1 PARCEL 4 PM 5804 MB. 184-81 o OAKLAND a07 OAKLAND T.P.O.B. PAF?CEL 6 PM 4018 MB. 138-,6 07 AL AM7DA Ey GRAPHIC SCALE 0 . 50 100 200 300 IN FEET NOTE: 1 INCH = 100 FT. 0 PARCEL 109 -2 Thismap is based on NAD 83, ,1984 adjustment, . published in 1986, as shown on Record of Survey 990, which is filed in Book 18 of Records of Survey at pages 50 -60, Alameda County Records. All distances shown hereon are grid distances. Multiply grid distances by 1.0000707 to convert to r`-und distances. PARCEL 2 PSI 7025 Ma 232-D8 I WN BY: DCV I CHECKED BY: cm I ATTACHMENTS: r 0R T OF OAKLAND LAND = -SURVEYS AND MAPPING 530 Water Street Oakland, California FILE LOC.> 106305.aka .Iat109- 2_Rev1 -EXHIBIT "B" Plat to Accompany Legal Description CITY OF ALAMEDA DATE: 4 -24 -00 SCALE: 1"= 100' Wrk. Ord: 605022 Field Bk: REVISION:1(cm) REV DATE:1 /15/01 SHEET 1 OF 1 _04124/0 Existing' Easement$ to be vacatod. t Real property m the City of Alameda, County of Alameda;' Sate of Califern being a portion of Parcel6 of Parcel Map 401,3, filed April12, 1W83 n Boot of ree Pal /laps e Pages 5 6, A�anioda County Records,' niore'particialarly described as follows • All that. portion of the non oxclusivo easements for 5' Pathway and the 12' Lighting delineated and - dedicated on Pa`rcol Map 39 0, filed December 29. in Book 137 of Parcel Maps at Pages 34' -36, Alameda' County Records Iyri within 'said'Parcel 6 Containing 6.5 • care feet, more onto D: \Projects R21106305 \lots \PAIZCELs 103 -1 thru 105 -1.doc 4- 1339 =.Zi t'JN BY cm 1 CHECKED; BY: dm ATTACHMENTS:. T.�,NIb s 0AKLAN RVEYS AND MAPPING 530 Water Street W /' Oakland, California FILL =LOC.> \106305.a(d \vac parce s.':r.. DATE 5/:1.6/9 EXHIBIT " B" To Accompany Legal Description HARBOR- BAY ASSOCIATES SCALL 1 Wrk O4106305 Field Bk REVISIbN: 0 EXHIBIT "B" aserrents to Real property in the City of Alameda, County of Aiarrieda, :State ofCaliforn a, ' being a ortion of. Parcel a of. Parcel Map 401.3, `filed Apnl 12, 19;$3 in Book of Parcel Maps at Pages 5 6, Alameda County'' Records, rriore particularly described as.follows AI,I that. portion of the nori exclusive'easer �ents'for 5' ;Pathway and the 12' Street Ughting delineated and dedicated o,n Parcel Map 3940, fried December 29;,'1982,; in' Book 137 of Parcel Maps at Pages 34 -36, Alamed4 Gounty Records,lymg wthm said Parcel�5 • _ D: \Projects R2 \10630511ots\PARCELs 1 03-1 th U 105 -1.ddd Fr4RCEL 6 z4- 1339 -2D 7C/ )9,< 166 0441 �L / °) 4 ti 11 11 1 11 1N. gY tcm CHECKED gY cm':�ATTACHMENTS: � r d OA KLAN _. ,AND SURVEYS AND RAPPING. \!� 530 Water Street Oakland, California FILE LO.C: >,106305 alavacdreels EXHIBIT To Accompany Legal Description HARBOR BAY ISLE' ASSOCIATES ATE; 5 /16/01, SCALE 1 106305 Field Bk: REVISION: 0 REV, DATE: SHEET.1 OF EXHIBIT "B" Real property in the City ofAlameda, County of Alahieda, State of California, being portion of Parcel 3 of :Parcel Map 5604, filed :June 23, `1989 16.0005..f , of Parcel Maps at P.466i076?;'. lakie a County Records, more particularly .described as 'follows All that portion of the non exclusive easements for 51 Pathwa Lighting delineated and dedicated On Parcel Map 3940, filed. in Book 137 of Parcel Maps at Pages 34-136 Alameda Count' within' said Parcel 6 rriore'or 0$., D: \Projects R21106305 \lots \PARCELs 103 -1 thru 105 -1.dod CITY OF L: - IEDA° PARCEL I`'IAP `f )A.II)ER. • AND .GERTIFIG.A -TE QF. 'L DNPLIANC 98- 181394 4'0 / , Q / � co /c/ii'STcY) 4 Q' gam, CHECKED, BY: LAN SURVEYS AND MAPPING F ate••.: 4 , 530 Water Street W Oakland, Californiq. BIT pXHI To Accompany y , Legal Description COUNTY. OF ALAMEDA SCALE 1 , -' 40 Wrk Ord 106305,._:: REVISION 0,` REV, DATE. SHEET 1 ` .,,OF 1 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 a regular meeting assembled on the 19th day of August, 2003, by the following vote to wit: AYES: Councilmembers Daysog, Kerr, Matarrese, and Mayor Johnson - 4. NOES: None. ABSENT: None. ABSTENTIONS: None. IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 20th day of August, 2003. .e, Lara Weisiger, City erk City of Alameda