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Ordinance 0960Alameda City Ordinance No. 960 Ordinances New Series ORDINANCE NO 960 NEW SERIES AN ORDINANCE VACATING CER- TAIN SEWER. EASEMENTS AND AUTHORIZING THE EXECUTION OF .$UITCLAIM DEEDS TO ALA - MEDA BELT LINE AND TO THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY. WHEREAS, by deed. from Ala- meda Belt Line, a California corpor- ation, to the City of Alameda, a mu- nicipal corporation, : dated July 16, 1946, and recorded in the office of the County Recorder of the County of Alameda, State of California, on December 10, 1946, in Liber 5029 of Official Records, at page 431 there- of, said Alameda Belt Line granted to said City of Alameda certain rights of way and easements for sewer purposes in, on and over the following described lands situated in the City of Alameda, County of Alameda, State of California, and particularly described as follows, to -wit: PARCEL 1: A strip or parcel of land twelve (12) feet in width ex- tending from the eastern boun- dary of Parcel No: 2 in Tract 24 to the southern boundary of The Atchison, Topeka and Santa Fe Railway Company property in Tract 30, said parcel lying six (6) feet on each side of the following described center line and containing an area of 0.425 acres more or less. Beginning at the northeastern corner of Tract 24 as delin- eated and so designated on the map . heretofore referred to* thence north 86 52' 00" , west: along the northern line of said Tract 24, a distance of 109.55 feet; thence south 3° 08' 00" west, a distance of 12.00 feet to the actual point of beginning for the center line herein de- scribed; thence south 86° 52' 00" east parallel to said northern line of Tract 24, a distance of 59.05 feet; thence northeasterly on the are of a curve concave to the northwest having a radius of 22.50 feet (the chord of which bears north 62° 02' 30" east 23.24 feet) an are distance of 24.42 feet to a point in the northern line of Tract 24, said point bearing north 86° 52' 00" west, a distance of 30.60 feet from the northeast corner of said Tract 24; thence continuing northerly on the are of the aforesaid mentioned curve (the chord of which bears north 17" 02' 30" east 10.82 feet), an are distance of 10.92 feet; thence north 3° 08' 00" east parallel and being 28.00 feet westerly from the eastern line of Tract 30, a distance of 1448.09 feet to a point in the southern line of The Atchison, Topeka and Santa Fe Railway Campany property, said point being the northern end of said center line. PARCEL 2; Beginning at the northeastern corner of Tract 24 as delineated and so designated on the map heretofore referred to; thence north 86° 52' 00" west along the northern line of said Tract 24, a distance of 109.55 feet to the actual point of beginning, of the parcel of land herein described; thence continuing north 86 52' 00" west along said northern line of Tract 24, a dis- tance of 50.00 feet; thence south 3° 08' 00" west a distance of 31.00 feet; .thence south 41 52' 00" east a distance of 26.87 feet; thence south 86 52' 00" east a distance of 31.00 feet; thence north 3° 08' 00" east a distance of 50.00 feet to the actual point of beginning, containing an area of 0.053 acres more or less. PARCEL 3: A strip or parcel of land twelve (12) feet in width extending from the western boundary of Parcel No. 2 to the northern boundary of Parcel No. 4 (as said parcel is described in deed from Alameda Belt Line, a California corporation, to City of Alameda, a municipal corporation, dated July 16, 1946, and recorded in the office of the County Re- corder of Alameda County, State of California, December 10, 1946, in Liber 5029 of O f f i c i a l Records, at page 431), said par- cel lying six (6) feet on each side of the following described center line. and containing an area of 0.071 acres more or less. Beginning at the northeastern corner of Tract 24 as delineated and so designated on the map heretofore referred to; thence north 86° 52' 00" west along the northern line of said Tract 24 a distance of 159.55 feet; thence south 3 08' 00" west a distance of 2000 feet to the actual .point of beginning for the center line herein described; thence north 86° 52' 00" west parallel to said northern line of Tract 24, a distance of 58.23 feet; thence south 45° 10' 22" west, a distance of 95.98 feet; thence south 31° 54' 00" west, a distance of 104.56 feet to a point in the northern boundary cif' Parcel No. 4 (as said parcel is described in deed from Ala- meda Belt Line, a California corporation, to City of Alameda, a municipal corporation, dated July 16, 1946, and recorded in the office of the County Re- corder of Alameda County, State of California, December 10, 1946, in Liber 5029 of Official Records, at page 431), said point being the southern end of said center line. PARCEL 4 -A: Beginning at Station 19 of the Segregation Line as delineated and so designated on the map heretofore referred to; thence north 76° 04' 00" west along said Segregation Line, a dis- City tance of 75.01 feet. to. the point of intersection with the: eastern line of. Sherman Street ;. thence north 3° 08': 00" east along the extension of the eastern line of Sherman Street, a distance of 10.46 feet to a point; thence north 39 56' 30" east; a dis- tance of 14.96 feet to the actual point of beginning of the parcel of land herein described; thence north 39' 56' 30" east 4.39 feet to a point; thence north 72` iii' 05 east 14.98 feet to a point, said. point being the southern end of the center. line described' in Parcel No. 3; thence continu- ing north 72° 36' 05" east 7.89 feet to apoint; thence south 17° 23' 55" west.3.79 feet to it point; thence south 72 °; .25' . 00" east 21.18 feet to the actual point of beginning, containing an area of 0.002 acres more or less. PARCEL 4 -B. Beginning at Station 19 of the Seg'reg'ation Line as delineated and so designated on the map heretofore referred to; ,thence north 76° 04' 00" west alone; said Segregation Line, a distance of 75.01 feet to the point of inter-. section with the eastern line of Sherman Street; thence north 3' 08' 00" east along the extension of the eastern line of Sherman Street; a distance of 8.26 feet to the actual point of beginning of the parcel of land herein de; " scribed; thence north 72' 36' 05 west 16.00 feet to a point; thence north 17 23' 55" east 6.03 'feet to a point: thence south _72' 25' 00" east 17.04 . feet to a: point; thence south 39° 56' 30" - west 4.16 feet to a point; thence south 3 08' 00" west 2:20 feet to the actual point of beginning, con- taining an area of 0.002 acres more or less; and WHEREAS; by deed from The Atchison; Topeka . and Santa Fe Railway Company, a Kansas ; cor- portation, to the City of . Alameda, a municipal corporation, dated 'Au- gust 28, 1946, and. recorded in the office of the County Recorder. of the County of Alameda, State of California, on December 10, : 1916, in Liber 5029 of Official Records, at page 436 thereof, said The Atchison, Topeka and Santa Fe Railway Com- pany granted to said City of Ala - meda' a certain right of way and easement for sewer purposes in, on and over a certain 12-foot strip of land in the .City of Alameda, County of Alameda, State of California, and particularly described as follows, to -wit: 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 Cali - fornia, 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 own- ers thereof in the suit numbered 8923 and entitled 'Pacific Im- ( Ordinance No. 960 ` a es New Series provement Company, Plaintiff, vs. James A. ' Waymire,: et Li, L Superior Court of 1'tineaa County, State of Cali- fornia," filed in the office of the County Recorder of said Couii,.., vo June 6v' i9oo, 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, 19:47; in Book 1603, pa; e 153, Official Records of sa,d 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 aloal the east line of said Tract iii 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 descrip- tion; thence continuing along said boundary line North 88" 52' West 12.0 feet to an atit;ie point therein; thence North 3° 08' east at right angles 137.87 feet to the northerly line of said land; thence South 59" 08' lir east thereon 13.56 feet to a point in a line which is parallel with and. 12.0 feet easterly at right angles from that certain course described herein as bearing North 3 08' east 137.87 feet; thence. South 8° 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 has at no time constructed sewers in or upon the aforesaid strips of land, or any of then, and it appears to this Council that said easements and strips of. land are not and will not be required by ' the City of Alameda for sewer purposes or any other purpose . whatsoever; and WHEREAS, each : of said ease- ments above referred to provides that should the :use of said real property above described for sewer purposes be permanently discon- tinued, them, each of said easements shall immediately lapse and become null and void and be of no further effect; . NOW, THEREFORE, BE IT OR- DAINED BY THE COUNCIL OF T1-1E . CITY OF ALAM .D A Section 1. That the said easements above referred . to, granted to the City of Alameda.by. each and all of the deeds referred to in the pre- amble Hereof, be, and each of the sane is hereby, abandoned and va- cated. Section 2. That the Mayor of the City of Alameda be, and he is here- by, authorized and directed to exe- cute, and the . City Clerk to attest, as the act and deed of the City of Alameda, a quitclaim deed remising°, releasing and quitclaiming to Ala- meda Belt Line, a California cor- poration, - all of said City's right, Alameda City.Ord as the act and deed of the city of Alameda, a quitclaim deed. re- mising, releasing and quitclaiming to The Atchison, Topeka and Santa Fe Railway Company; a Kansas cor- poration, all of ` said City's' right, title and interest in and to the easements and strips of lard de scribed or referred to in the pre - amble hereof. Section 3. That the Mayor of the City of Alameda .be, and he is here- by, authorized and :directed to exe- cute, and the City. Clerk to attest, title. and interest in and to the easement and strip of land : de- scribed or referred to in the pre- amble hereof. Section 4. 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. W: J. BR.ANSCHEID, Presiding 6fficer of the Council. Attest: 11 Ordinance No. 960 l New Series J. P. CLARIL, City Clerk:: I. the and ersigned, hereby certify that the foregoing Ordinance : was duly and regularly adopted and passed by the : Council of the City of Alameda in regular meeting as- sembled on the 19th day of April, 1949" by the following vote; ,to -wit: AYES: Councilmen A n d e r s o n , Jones,. Osborn, Sweeney and Presi- dent Branscheid," (5). NOES.' None. ASSENT: None: IN WITNESS WHEREOF, :I have hereunto set my hand and, affixed the official seal of said City this 20th. day of. April, 1949. (SEAL) J: P. CLARK; City Clerk of the City of Alameda. Publish April 26, 1949.