Resolution 03428RESOLUTION NO. 3428
ACCEPTING CONVEYANCE FROM THE ATCHISON, TOPEKA AND
SANTA FE RAILWAY COMPANY OF EASEMENT IN CERTAIN REAL
PROPERTY AND CONSENTING TO THE RECORDATION THEREOF.
WHEREAS, a certain indenture dated August 28, 1946, made by and between
the Atchison, Topeka and Santa Fe Railway Company, a Kansas corporation, as party
of the first part, and City of Alameda, a municipal corporation, as party of the
second part, was, on or about said date, executed and delivered by said party of
the first part to the City of Alameda; and
WHEREAS, by said indenture, the grantor therein named granted to the City
of Alameda a right of way easement for the construction, maintenance, use and
reconstruction of a 48-inch storm and sanitary sewer line through, under and across
that certain real property situated in the City of Alameda, County of Alameda,
State of California, and particularly described as follows:
A strip of land 12 feet in width by 134.72 feet in average
length, in the City of Alameda, County of Alameda, State of
California, being a portion of that certain Tract No. 30 as
said Tract is shown on Map entitled "Map of Alameda Marsh Land
as partitioned among the owners thereof in the suit numbered
8923 and entitled "Pacific Improvement Company, Plaintiff, vs.
James A. Waymire, et al., Defendants', Superior Court of Alameda
County, State of California," filed in the office of the County
Recorder of said. County on June 30, 1900, said strip of land
being more particularly described as follows:
Commencing at the northeast corner of that certain parcel
of land conveyed by deed recorded May 17, 1927, in Book 1603
page 153, Official Records of said County, said corner being
at the intersection of the east line of said Tract 30 with the
U. S. Pierhead and Bulkhead Lines; thence along the east line
of said conveyed land being along the east line of said Tract
30 South 3* 08' west 120.0 feet to an angle point in said
conveyed land; thence North 86* 52' west along the boundary
line of said land 22.0 feet to the true point of beginning for
this description; thence continuing along said boundary line
North 86* 52' West 12.0 feet to an angle point therein; thence
North 3* 08' east at right angles 137.87 feet to the northerly
line of said land; thence South 59* 08' 10" east thereon 13.56
feet to a point in a line which is paralled with the 12.0 feet
easterly at right angles from that certain course described
herein as bearing North 3* 08' east 137.87 feet; thence South
3* 08' west along said parallel line 131.57 feet to the true
point of beginning; containing an area of 0.037 of an acre,
more or less;
and
WHEREAS, the City of Alameda did, on December 3, 1946, accept said
conveyance, and acquired possession of the said easement in the real property
above described;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ALAMEDA
that the aforementioned indenture be, and the same is hereby, accepted on behalf of
the City of Alameda, and said City Council, acting for and in behalf of said City,
hereby consents to the recordation of said indenture and orders this Resolution to
be attached thereto, as required by Section 1158 of the Civil Code of the State
of California.
I, the undersigned, hereby certify that the foregoing Resolution was duly
and regularly introduced and adopted by the Council of the City of Alameda in
regular meeting assembled on the 3rd day of December, 1946, by the following vote,
to wit:
AYES: Councilmen Howe, Osborn, Sweeney and President Branscheid, (4).
NOES: None,
ABSENT: Councilman Jones, (1).
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official
seal of said City this 4th day of December, 190.
J. P. CLARK
(SEAL) City Clerk of the City of Alameda
3•8
I hereby certify that the foregoing is a full, true and correct copy
of "Resolution No 3428, ACCEPTING CONVEYANCE FROM THE ATCHTSON, TOPEKA AND
SANTA FE RAILWAY COMPANY OF EASEMENT IN CERTAIN REAL PROPERTY AND CONSENTING
TO THE RECORDATION THEREOF", introduced and adopted by the Council on the 3rd
day of December, 1946.
Ci
he City of meda