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1954-12-28 Special CC Minutesy.k) SPECIAL MEETING OF THE COUNCIL OF THE CITY OF ALAMEDA HELD TUESDAY EVENING DECEMBER 28 _ _ 1954 The meeting convened at 7:00 o'clock P. M., with President Sweeney presiding. ROLL CALL: The roll was called and Councilmen Anderson, Jones, McCall, Moresi and President Sweeney, (5), were noted present. Absent: None. NEW BUSINESS: 1. The Clerk read the Call and Notice of Special Meeting, setting forth the purpose therefor - receipt of which had been acknowledged by each of the Councilmen. The Affidavit of Service, signed by Sgt. E. Haley of the Police Department, was on file. RESOLUTIONS: "Resolution No. Declaring that the City of Alameda Has No Intention to Claim Rights for Street Purposes Over Certain Property East of Webster Street, South of Cyclone Fence Erected by Rosefield Packing Company, and Occupied by Said Company." President Sweeney stated a resolution has been prepared for the Council's considera- tion - and asked Mr. F. Bert Fernhoff, Attorney for Rosefield Packing Company, if he wished to speak on the subject. Mr. Fernhoff stated he has had maps prepared for each member of the C ity Council and copies of a letter dated December 24, 1954, endeavoring to explain the situation. He pointed out that the Rosefield Packing Company has sold its business to The Best Foods, Inc., and in the preliminary report of the Oakland Title Insurance Company a statement was found, setting forth an exception, "Rights of the Public to Use for Street Purposes any Portion of the Property Herein Described, Lying Within the Lines of Atlantic Avenue, as said Avenue is thown on the Map Herein Referred to". This cloud on the title arises out of the map of the Shepardson Tract filed September 11, 1878. The property is that on which Rosefield Packing Company is located and is known as Parcel No. 1. He said the southern line of the present Atlantic Avenue is 88 feet northerly of the northern line of Parcel No. 1 - and a cyclone fence is along the northerly line of Parcel No. 1. He pointed out that this Company has been in this location for some thirty years - and the City has never taken any title to the area in question. He explained that, in order to clear the title of this Company so that its transaction may proceed, he is merely requesting that the City declare its policy that it has no intention to run any street through this area. Upon request, City Manager Froerer stated this particular section of what is termed "Atlantic Avenue" carried through for only 101 feet. He said that he had requested the Planning Consultant and Planning Director to review this matter in connection with any City needs. Mr. Robert L. Williams, Planning Director, was then called upon and he stated that Mr. Campbell and he had studied the situation mainly from two aspects - (1) to determine what the City's needs should be at the proposed interchange at Atlantic Avenue and Webster Street and (2) to decide how the industrial service road affects this. He displayed a map showing these two phases of the local street and traffic pattern and explained the contemplated alignment of certain proposed streets. He said they would recorellend that the right-of-way area north of the section actually in question is more than ample for any proposed service road and they felt the request made by Rosefield Packing Company is not harmful to the ultimate develop- ment of an industrial service road. He pointed out they had analyzed both of these aspects in relation to the property involved. At this point, Councilman Jones stated that, on the basis of the report or the Planning irector, he would move the adoption of the resolution. Councilman Anderson stated it seems the City has a right to put a street through this area and if the City wants to exercise this right, it would not have to pay any money for the property. Yr. Fernhoff pointed out this would not be the case, so far as Rosefield Packing Company is concerned, because the matter would develop into a case of litigation due to the fact that the Company would claim the City did not have this right because there is a cloud against the title which happened because a map had been erroneously drawn and filed. At this time a letter from the Oakland Title Insurance Company, addressed to City Manager Froerer and dated December 27, 1954, was read in further clarification of the situation - and one paragraph of which. states, "All records which we can find appear to show that Atlantic Avenue as shown on the map of the Shepardson tract was erroneously delineated Ft the location thereon shown. An inspection of the property indicates that no part of Atlantic Avenue ever existed east of Webster Street". There was considerable discussion on the subject at this time - many questions of a legal nature arising from the members of the C ouncil and it was deemed advisable to have the City Attorney's opinion for guidance before taking an7 action. Therefore, President Sweeney declared a recess, pending the calling ana arrival of the City Attorney. Upon reconvening the meeting, President Sweeney called upon City Attorney Clerk for his opinion in the matter. Mr. Clerk stated the particular strip of land involved is presently enclosed by a fence constructed by hosefield Packing Compnny which traverses a distance of about 7 feet. The only que ;tion is whether or not that particular strip of land now inside the fence will be required by the City of Alameda for public street purposes. He pointed out the title to this area is vested in Rosefield Packing Com- pany, subject to the "rights of the public to use for street purposes" - and the resolution before the Council merely indicates the City of Alameda does not intend, and will not require, it for public purposes. Councilman Anderson stated that no doubt the City has a certain right in this piece - of property and he felt the value of this right should be set by an appraiser. How ever, he agreed that the 88 feet north of the line in question would be ample pro- tection for street purposes and also that it would be more desirable to have this property on the tax rolls. Mr. Fernhoff pointed out that an appraiser's evaluation of any property is based on the need or demand for such property at a fair market price - and, therefore, this particular strip of land is of no value to anyone but the City because no one else could use it. Councilman Jones stated the City has been very desirous of attracting new industry and business - and now The Best Foods, Inc. is attempting to get established, and instead of greeting it with open arms, it appears the City is trying to place obstacles in its way. He said he felt that whatever value this piece of property might have is rather insignificant compared with the value of good public relations. He thought the possibility of the City needing or using this strip of land is very vague. Mr. Clark stated that in any case of abandonment or vacation of streets, the action of the City Council is final and conclusive. The Council has the final word as to whether or not any street, alley or road should be abandoned - unless upset by the Courts, and they are very reluctant to reverse any such action. He emphasized that, so far as incurring any liability in taking any action for the relinquishment of any right the City ml_ght have in this matter, the Council could take whatever action it desired, without any such fear. Councilman Anderson requested that the ruling of the City Attorney be incorporated in the resolution. Therefore, President Sweeney declared another recess in order that Mr. Clark and the Clerk could prepare a corrected resolution. Upon reconvening, President Sweeney inquired if there were any further questions or discussion on this matter. Councilman Moresi asked Mr. Williams if he had given this matter sufficient study to make a definite recommendation that the area left would be adequate for the contem- plated industrial service road - and he replied that the width of the remaining right of public access is sufficient to meet contemporary industrial service road require- ments. The Clerk was then asked to read the resolution in full, follows: "Resolution No. 5022 DECLARING THAT THE CITY OF ALAMEDA HAS NO INTENTION TO CLAIM RIGHTS FOR STREET PURPOSES OVER CERTAIN PROPERTY EAST OF WEBSTER STREET, SOUTH 0? CYCLONE FENCE ERECTED BY ROSEFIELD PACKING COMPANY, AND OCCUPIED BY SAID COMPANY 'WHEREAS, it appears from the 'Map of the Shepardson property, Mastick Station, Alameda, Subdivided January 1876', filed September 11, 1878 in Book 2 of Maps, page 48, in the office of the County Recorder of Alameda County, State of California, that there may be rights of the public to use for street purposes any portion of the property lying within the lines of Atlantic Avenue, as said avenue is shown on said Map, and which line, accord- ing to said 1876 Map would extend south of the Cyclone fence of the Rosefield Packing Company; and "WHEREAS, the City of Alameda has no intention to claim any right for street purposes over the property east of Webster Street, south of the Cyclone fence erected by said Rosefield Packing Company, and occupied by said Company; and "WHEREAS, the City Attorney has advised this Council that it has the authority to relinquish any right, title or interest which it may have in said property for street purposes and that such action on the part of the Council is final and conclusive as to all persons and will be upheld by the courts in the absence of a showing of fraud or collusion; "NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ALAMEDA that it is the sense of this Council that the City of Alameda would have no use for an easement over the said property for street purposes now, or in the future, and that it is not its intention to assert or claim such right over said property." At this point, Councilman Jones withdrew his motion to adopt the resolution as origin- ally drawn up. Councilman McCall thereupon moved the adoption of the resolution asread. The motion was seconded by Councilman Moresi and on roll c all carried by the following vote. Ayes: Councilmen Anderson, Jones, McCall, Moresi and President Sweeney, (5). Noes: None. Absent: None. Thereupon the President declared said resolution dulyadopted and passed. Mr. Fernhoff expressed his appreciation to the Council for its deliberations in this * * * * * * * * * * matter and its favorable action. ADJOURNMENT: 3. There being no further business to come before the meeting, the Council adjourned - to assemble in regular session on Tuesday evening, January L, 1955, at 3:00 o'clock. Respectfully submitted, C ty