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CIC Resolution 03-124COMMUNITY IMPROVEMENT COMMISSION RESOLUTION NO. 0 3 -12 4 APPROVING AND AUTHORIZING THE PURCHASE OF A PARCEL OF LAND FROM THE CITY OF ALAMEDA AND THE TRANSFER OF SAID PARCEL PURSUANT TO A DISPOSITION AND DEVELOPMENT AGREEMENT AND FURTHER AUTHORIZING THE EXECUTIVE DIRECTOR TO TAKE ANY ACTIONS IN CONNECTION THEREWITH WHEREAS, the Community Improvement Commission of the City of Alameda ( "Commission ") is carrying out the Community Improvement Plan ( "Plan ") for the Business and Waterfront Improvement Project ( "Community Improvement Project "); and WHEREAS, the Commission has approved a Disposition and Development Agreement ( "DDA ") by and between the Commission and Regency Realty Group, Inc. ( "Developer "), dated December 3, 2003, which provides for the acquisition and sale of certain real property located in the City of Alameda bounded by Blanding Avenue, Tilden Way, and the Oakland Estuary, which, as and if assembled, is approximately 9.0 acres in size (the "Site ") to the Developer for construction and installation of an approximately 108,000 square foot community shopping center consisting of an approximately 58,660 square foot high - quality grocery store, in -line retail space and office space, out parcel uses and appurtenant on -site and off -site improvements; and WHEREAS, the Site consists, in part, of that certain real property owned by the City of Alameda and described in Exhibit A, attached hereto (the "City Parcel "); and WHEREAS, the City Council of the City of Alameda has adopted Ordinance No. , approving the conveyance of the City Parcel to the Commission; and WHEREAS, the Commission desires to purchase the City Parcel from the City for a sum of One Dollar ($1.00) and transfer it to the Developer in accordance with the DDA. NOW, THEREFORE, THE COMMUNITY IMPROVEMENT COMMISSION OF THE CITY ALAMEDA DOES HEREBY RESOLVE AS FOLLOWS: 541468v1 21942/0012 The Commission hereby approves the purchase of the City Parcel from the City for the sum of One Dollar ($1.00). The Executive Director and Secretary of the Commission are hereby authorized and directed to take such further actions and execute such documents as are necessary to effect the acquisition by the Commission of the City Parcel and the transfer of the City Parcel to Developer, including without limitation execution of a Certificate of Acceptance and Grant Deed, and to implement the provisions of the DDA. 541468v1 21942/0012 EXHIBIT A Legal Description of the City Parcel All of the real property in the City of Alameda, County of Alameda, State of California, described as follows: Parcel Nine: Commencing at the intersection of the Northeastern line of Blanding Avenue with the Southeastern line of Broadway; Thence along said Northeastern line of Blanding Avenue South 55° 36' 03" East 266.70 feet to the point of intersection with the Northwesterly line of the land described in the Deed dated March 28, 1907 from Martha A.Cornelius, et. vir, to.the Southern Pacific Company, recorded March 30, 1907 in Book 1337 of Deeds, Alameda County Records, Page 160, which is the True Point of Beginning; Thence South 34° 23' 57" west along said Northwesterly line 60.00 feet to the southwesterly line of said Blanding Avenue: Thence along last said southwesterly line. of Blanding Avenue north 55° 36' 03" West 9.43 feet; thence from a tangent bearing North 14° 45' 13" West along the arc of a 271 foot radius curve to the left, through a central angle of 28° 46'. 05" a distance of 136.07 feet to a point of cusp on the Northeasterly line of of Blanding Avenue;. Thence along last said line South 55° 36' 03" East 129.98 feet to the True Point of Beginning. Assessor's Parcel No: 070- 196 -028 Assessor's Parcel No: 070 -0196 -042 Exhibit A I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the Community Improvement Commission of the City of Alameda in a Special Joint Meeting of the City Council and Community Improvement Commission held on the 6th day of January, 2004, by the following vote to wit: AYES: Commissioners Daysog, Gilmore, Matarrese, and Chair Johnson - 4. NOES: None. ABSENT: Commissioner Kerr - 1. ABSTENTIONS: None. IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said Commission this 7th day of January, 2004. . Beverly Johnson, Na N Community Impovement Commission \, (A) Lara Weisiger, Secretary Community Improvement Commission