Ordinance 3191CITY OF ALAMEDA ORDINANCE NO. 3191
New Series
APPROVING A GRANT OF NON-EXCLUSIVE EASEMENT AND
AUTHORIZING THE CITY MANAGER TO EXECUTE DOCUMENTS
NECESSARY TO IMPLEMENT THE TERMS OF GRANT OF NON-
EXCLUSIVE EASEMENT TO ALAMEDA BOYS & GIRLS CLUB AND
ALAMEDA UNIFIED SCHOOL DISTRICT FOR ACCESS AND
MAINTENANCE
WHEREAS, since 1991, the City of Alameda has planned for a four mile east-west
bicycling and walking corridor, referred to as the Cross Alameda Trail (CAT) in the former
Alameda Beltline property, which is owned by the City; and
WHEREAS, the CAT project provides significant community, safety and
environmental benefits, including reductions in greenhouse gas emissions by providing
safe, convenient and comfortable walking and bicycling facilities, where almost none
exist, serving children, students and commuters; and by planting additional trees; and
WHEREAS, the City has developed, with extensive public input, designs for the
CAT segment between Main Street and Webster Street, along Ralph Appezzato Memorial
Parkway (RAMP); and
WHEREAS, the City has successfully acquired multiple grants for this extensive
project and invested City discretionary funding toward the project; and
WHEREAS, in 2014, during the design phase for the CAT project along RAMP,
the City had its property surveyed to confirm the property boundary lines and found four
encroachments along the corridor, including one by the Alameda Unified School District
(AUSD); and
WHEREAS, AUSD owns land at 1900 Third Street, Alameda, California, and
leases a portion of this land to the Alameda Boys & Girls Club; and
WHEREAS, AUSD and the Boys & Girls Club have historically used portions of
City property for pedestrian and vehicular ingress to and egress from the Boys and Girls
Club property; and
WHEREAS, AUSD and the Boys & Girls Club have requested a non-exclusive
easement over portions of the City property for pedestrian and vehicular ingress to and
egress from the Boys and Girls Club and for routine maintenance purposes; and
WHEREAS, the City would like to clarify the boundaries of the easement area and
grant a non-exclusive easement in order to facilitate the design and construction of the
CAT Project; and
WHEREAS, this Easement Agreement is required to allow AUSD and Boys & Girls
Club to access, use and maintain the easement property in order to provide pedestrian
and vehicular ingress to and egress from the Boys and Girls Club Property; and
WHEREAS, the City has determined that the grant of this easement on the terms
and conditions set forth herein is in the public interest and will not substantially injure the
interest of the City in the underlying real property, and that the uses permitted under its
terms are consistent with the protection of human health and the environment.
NOW THEREFORE, BE IT ORDAINED by the City Council of the City of Alameda that
by four affirmative votes that:
Section 1. The City Council hereby delegates to the City Manager the authority to
execute the Grant of Non - Exclusive Easement; to execute auxiliary documents and to
perform any all acts necessary or desirable to consummate the agreement with AUSD
and the Alameda Boys & Girls Club.
Section 2. If any portion, section, subsection, paragraph, subparagraph, sentence,
clause, phrase or application of this Ordinance is held to be invalid or unconstitutional,
such decision shall not affect the validity or constitutionality of the remaining portions of
this ordinance. The City Council of the City of Alameda hereby declares that it would have
passed this ordinance, and each section, subsections, clause, or phrase hereof,
irrespective of the fact that any one or more sections, subsections, sentences, clauses
and phrases are declared to be invalid and unconstitutional.
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.
Presiding Officer of the City Council
Attest:
,o , (�-
Lara Weisiger, ClAy Clerk
I, the undersigned, hereby certify that the foregoing Ordinance was duly and
regularly adopted and passed by the Council of the City of Alameda on the 3rd day of
October, 2017, by the following vote to wit:
AYES: Councilmembers Ezzy Ashcraft, Matarrese, Oddie, Vella and
Mayor Spencer — 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 4th day of October, 2017.
Lara Weisiger, City djlrk.
City of Alameda
Janpft. Kern, City Attorney
City of Alameda