Ordinance 2918CITY OF ALAMEDA ORDINANCE NO. 2918
APPROVING AN AUTHORIING THE SALE OF A OF VACATED PORTION
OF ADAMS STREET (REQUIRS FOUR AFFIRMATIVE VOTES)
WHEREAS , the California Streets and Highways Code authorizes the City
Council to grant a street vacation upon finding of General Plan confonnity and after
receiving the recommendation ofthe Planning Board; and
WHEREAS , on October 4 , 1983 , Resolution No. 10170 , finding vacation of
Adams Street at Fernside Boulevard consistent with the General Plan and approving the
vacation was adopted by the City Council; and
WHEREAS , on Januar 12 , 2004 the Planning Board resolved that the sale of the
vacated portion of Adams Street to be consistent with the requirements of Governent
Code 65402; and
WHEREAS , the sale of this property is exempt trom CEQA review under CEQA
Guideline Section 15312 "Surlus Govemment Property Sales ; and
WHEREAS, pursuant to City Charter section 3-, no real property ofthe City
shall be leased for a period in excess of one year or sold, except for an affnnative vote of
four members of the City Council.
NOW, THEREFORE , BE IT ORDAIND by the Council ofthe City of Alameda
and upon the affinnative vote of four members that:
Section 1 . That the purchase offer attached as Exhibit A and the tenns , conditions
and covenants contained therein are hereby approved.
Section 2 . That the City Manager or his designee is authorized to execute on
behalf of the City the sale of the vacated portion of Adams Street at Fernside Boulevard
to the adjacent property owner , Forrest Reed , and the City Clerk is directed to attest to the
same.
Attest:
Lara Weisiger, City
City of Alameda
COUNR OFFR TO PURCHAE
REAL ESTATE
Be it known, the undersigned, City of Alameda, Marge McLea, (S ller), hereby offers the
counter offer to Forrest Reed's offer dated October 6, 2003 on behalf of himself (Buyer) topurchase from the City of Alameda (Ower/SeIler) vacaijt real estate at the northeast comer of
Adams Street and Fernside Boulevard, within the City and County of Alameda, California. Theselling price shall be at $15.00 per square foot, as per the c011pleted appraisal. For a total price
of$II OOO. The offer is conditional upon the following tenns ,and conditions and upon City of
Alameda City Council approval of sale:
1. The Purchase Price shall be paid by the Buyer to the Seller in cash at the closing.
2. Title to the Subject Property shall be conveyed to the Buyer by a Grant Deed.
3. Escrow for purchase of the Subject Property shall be opened by Buyer at an Escow
offce located within the City of Alameda. Costs for said escrow shall be paid by Buyer.
4. As a condition of closing, the Seller shall provide the Buyer with a standard ALTA
owner s policy of title insurance issued by the Escrow Holder in the face amount of the
Purchase Price. Said policy shall insure that fee title interest in the Subject Propert is
vested in Buyer subject to no exceptions in the policy other than mutually agreed upon
Permitted Exceptions. The premium for the title insurance policy shall be paid solely by
the Buyer.
S. Buyer acknowledges that Buyer is familar with the Subject Propert and the underlyingsoil conditions. As a result, the Seller is making no representations or waranties
regarding the Subject Propert, and the Buyer agrees to purchase the Subject Propert
AS IS" and is solely relying on its own knowledge and investigation of the Subject
Property. Buyer is solely responsible for detennining whether buyer s parcel, when
combined with purchased parcel, meets city requirements for a "buildable" parcel.
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6. Seller shall pay for recording fees and transfer taxes.
7. The closing shall occur within 90 days of acceptance of this offer and/or approval by City
Council.
8. Buyer to prepare and obtain approval of lot adjustment map, certifcate of compliance
and/or other maps and documents as needed to accomplish this sale.
9. Seller acknowledges receipt of Buyer s check in the amount of $5 000 as both a good
faith deposit and to cover Seller s administration costs associated with sale of this
proper and agrees that any and all remaining funds from this deposit wil be credited
towards the purchase price as par of escrow.
10. Seller also acknowledges that hould the City Council not authorie the sale of this
proper, the deposit of $5 000 , wil be returned in full.
ItJ/Z
, the undersigned, hereby certify that the foregoing Ordinance was duly and regularly
adopted and passed by the Council of the City of Alameda in a regular meeting assembled on the 3
day of February, 2004 by the following vote to wit:
AYES:Councilmembers Daysog, Gilmore , Kerr, Matarrese, and
Mayor Johnson - 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
th day of Februar, 2004.
Lara Weisiger , City
City of Alameda