Resolution 15968CITY OF ALAMEDA RESOLUTION NO. 15968
AUTHORIZING THE INTERIM CITY MANAGER, OR DESIGNEE, TO
EXECUTE AND RECORD, BY AND BETWEEN THE CITY OF
ALAMEDA AND EAST BAY MUNICIPAL UTILITY DISTRICT, AN
AMENDED AND RESTATED PARTIAL ASSIGNMENT OF NON-
EXCLUSIVE EASEMENT AND GRANT OF NON-EXCLUSIVE
EASEMENT OVER DEPARTMENT OF THE NAVY -OWNED LANDS;
GRANT OF EASEMENT OVER CITY OF ALAMEDA-OWNED LANDS;
AND ANY AND ALL ANCILLARY DOCUMENTS FOR THE
EXTENSION OF WATER SERVICE IN MAIN STREET AND W.
REDLINE AVENUE TO PROPERTY CONVEYED TO THE
DEPARTMENT OF VETERANS AFFAIRS AT THE FORMER NAVAL
AIR STATION AT ALAMEDA POINT
WHEREAS, the City of Alameda ("City") and the Department of Veterans Affairs
("VA") are successors in interest to certain lands at the former Alameda Naval Air Station
through transfers pursuant to the Base Realignment and Closure ("BRAC") law; and
WHEREAS, the United States of America, acting by and through the Department
of the Navy has retained certain lands and utility easements collectively referred to as
"Retained Government Property" or "Lands of the Navy", used interchangeably, and
pursuant to a Memorandum of Agreement and Grant of Non -Exclusive Easement for
Access and Maintenance of Utility Systems at the Former NAS Alameda, the City was
granted the right to assign or transfer interests in Navy Utility Systems Easements located
on, in, over and under Retained Government Property, to utility service providers, without
Navy's prior written consent; and
WHEREAS, the VA and City entered into a Formal Term Sheet, dated February
4, 2013 regarding the installation of infrastructure and required utility easements within
and outside VA Property to serve a Community Based Outpatient Clinic, Administrative
and Conservation Offices, Columbarium, and associated Parking Lot to be constructed
by VA on the Alameda Point VA BRAC site ("VA Property"); and
WHEREAS, assignment and recordation of required easements on, in, over and
under Lands of the City and Lands of the Navy, together, is necessary in order to design
and extend new EBMID water service in Main Street and W. Redline Avenue to VA
Property within the Northwest Territories Planning Area at Alameda Point, the location of
required easements and assignment of easements is shown illustratively in Exhibit 1 to
this Resolution.
NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Alameda
that the City Manager is authorized to execute a Grant of Easement over Lands of the
City; and an Amended and Restated Partial Assignment of Non -Exclusive Easement and
Grant of Non -Exclusive Easement over Lands of the Navy; together, by and between the
City of Alameda and East Bay Municipal Utilities District; and any and all ancillary
documents.
I, the undersigned, hereby certify that the foregoing Resolution was duly and
regularly adopted and passed by the Council of the City of Alameda in a regular meeting
assembled on the 20th day of September 2022 by the following vote to wit:
AYES: Councilmembers Daysog, Herrera Spencer, Knox White,
Vella and Mayor Ezzy Ashcraft — 5.
NOES: None.
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the seal of
said City this 21st day of September 2022.
Lara Weisiger, City Clerk
City of Alameda
Yibin Shen, c.# Attorney
City of Alai -Oda