Ordinance 2913CITY OF ALAMEDA ORDINANCE NO. 2913
New Series
APPROVING AN AUTHORIING THE SALE OF THE EASTERN HALF
OF THE VACATED PORTION OF MART STREET LOCATED
SOUTH OF BRIGEVIEW DRNE
WHREAS, the Californa Streets and Highways Code authorizes the City
Council to grant a street vacation upon finding of General Plan conformity and after
receiving the recommendation of the Planng Board; and
WHEREAS , on October 4 , 1983 , Resolution No. 10170 , finding vacation of
Market Street at Bridgeview consistent with the General Plan and approving the vacation
was adopted by the City Council; and
WHEREAS , on November 10 , 2003 the Planng Board also found the sale of
Market Street to be consistent with the requirements of Governent Code 65402; and
WHREAS , the sale of this property is exempt from CEQA review under CEQA
Guideline Section 15312 "Surlus Governent Property Sales ; and
WHREAS , the cost of appraisal of the property has been paid by both the buyer
East Bay Muncipal Utilities Distrct, and the purchaser of the western portion of Market
Street; and
WHEREAS , pursuant to City Charter section 3-, no real property of the City
shall be leased for a period in excess of one year or sold, except for an affrmative vote of
four members ofthe City Council.
NOW , THEREFORE , BE IT ORDAID by the City Council of the City of
Alameda and upon the affrmative vote of four members that:
Section 1 . That the purchase offer attached hereto as Exhibit A and the terms
conditions and covenants contained therein are hereby approved.
Section 2 . That the City Manager or his designee is authorized to execute on
behalf ofthe City the sale ofthe vacated eastern portion of Market Street at Bridgeview
Drive to the adjacent property owner , East Bay Municipal Utilities District , and the City
Clerk is directed to attest to the same.
Section 3 . This Ordinance shall be in full force and effect from and after the
expiration of thirty (30) days from the date of its final passage.
Attest:
: .. .
. 1" .
. .
. GU
ra Weisiger, City q
CIty of Alameda
Revised 11/20103
City of Alameda. Calornia
COUNR OFFER TO PURCHAERE ESTATE
Be it known the undersigned, City of Alameda, Marge McLean, (Seller), hereby offers the
counter offer to Pau K;enny s offerdated'12/D5/02 on behal ofEBMU (Buyer) to purchase
from the City of Alameda (Owner/Seller) vacant ;feal estte adjacent to .3328 Bridgeview Isle
with the City and County of Alameda, CalifonUa. The porton of the Subject Propert
(descrbed as Assessor's Parcel Number (APN) 0.74-955-92 contagm approxiately 1 80.0 total
square feet of land) to be sold shall be 15 feet wide by the depth (approxiately55') of the
parcel. The selling price shall be at $15. DO. per square foot, as per the c mpleted appraisal. Final
price will be. based upon,Xactarea to be , conYeyed"a$ideJ!ti
jp,
M?tA4J1J !!tMap
descrbed'below
...
but is esti ated at $12 375. The offer,is conditional upon the followmgters
and conditions and upon'City of Alameda City Counci approval of sale:
. -'
through' escrow
1. The Puchase Prce shal be paid by the Buyer to the Sellyr in cash at the closmg., minus
the $5000 required by this ' document.
' ,
2. Title to the Subjec Proper shal be conveyed to the Buyer by a Grant Deeq.
3. Escrow for purchase of the Subjec Propert shal be QP ned by Buyer at an E scrow
offce loqated with the City of Alameda. Costs for said escrow shallbe paid by Buyer.
' '
CLTA
4. As a condition ,of closing, the Seller shall provide the Buyer with a stdard
owner s policy of title insurance issued by the Escrow Holder in the face amount of the .
Puchase Price. Said policy shall insue that fee title interest , in the Subject Propert'
vested in Buyer sUbject to no exceptions in the policy other than mutualy agreed upon
Pertted Excepons. Th premium for the title inurce policy shall be paid' solely by
the Buyer.
5. Buyer acknowledges that Buyer is familiar with the Subject Properanq. the unde lyig
soil conditions. AB 'a result, the Seller is makg no representations or wananties
regarding the Subjec Proper, and the Buyer agrees to purchae the 'Subjec rrQpert
AS ,IS" and is solely relyig on its own knowledge and investiga.tion of the ' Subject
Propert. Buyer is , solely. responsible for determing whether buyer s parcel, when
combmed with purchased parcel, meets city requir ments for a "buildable" parcel.
Public Works Deparent
. cit Ha West
Alameda Point, Buildi I
. 950 West Mal Square, Room, 110
Alamed, GA 94501-7552 Dedicated to Exellence, Committed to Service
510749.5840 . Fax 5107495867 . TOO 510 522.7538
. Page 2
6. S Uer shall pay for recordi fees and trfer taxe if applicable.
7. The closing shall occu with 90 days of awepbWl(xm approva by City
Council.and completion of the lot line adjustment of Subject Pr perty. aI)d Buyer s .adj ac nt parcel.
8. Buyer.to prepare and obt approval of lot adjustent map, cerCate of compliance
, a.dfor other mas and docuents as needed to accomplish ths sale. Buyer is awae
the wesery IS-foot wide ,half of owners ' parcel is being o ered for sae to an adjoing
proper owner.
9. Buyer to sUbmi check payable to City 'of Alamed 'for $5;000, less payments to
" .
. with signed acctace of th offer.
~~~
H :payment"of"$BOOO"shall be credited to
. the purchase price of the subject property and shall be refunded'in full
in the event this transCiction does ,not':close:or the lot line adjustment merger
,. nO
Mar ' cLear
Actin , blic Worb Coordia,Qr
1F
;?3
;(ccepted by:
!3tephen J. Boeri
Manager of Real Estate Services
, the undersigned , hereby certify that the foregoing Ordinance was duly and regularly
adopted and passed by the Council ofthe City of Alameda in a regular meeting assembled on the 2
day of December , 2003 by the following vote to wit:
AYES:Councilmembers Daysog, Gilmore , Kerr , Matarese and
Mayor Johnson - 5.
NOES:None.
ABSENT:None.
ABSTENTIONS:None.
IN WITNES S , WHEREOF , I have hereunto set my hand and affixed the offcial seal of said City ths
day of December , 2003.
Lara Weisiger , City
City of Alameda