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Ordinance 1033ORDINANCE NO. 1033 NEW SERIES AN ORDINANCE AUTHORIZING THE ACQUISITION OF AN INTEREST IN CERTAIN. REAL PROPERTY FOR SEWER AND GENERAL MUNICI- PAL PURPOSES. WHEREAS, public interest and neces- sity require that the interest in real property hereinafter described be ac- quired by the City of Alameda for sewer and general municipal purposes; and WHEREAS, the UNITED STATES OF AMERICA is the owner of the real property hereinafter described; and WHEREAS, the UNITED STATES OF .kMERICA has granted to the EAST BAY MUNICIPAL li'TILITY DISTRICT a perpetual exclusive easement and right of way for the purpose of laying down, constructing, reconstructing, re- moving, replacing, repairing, main- taining, operating and using as said EAST BAY MUNICIPAL UTILITY DISTRICT may see fit for the transmis- sion of sewage and for the transmis- sion and distribution of water, or for either of said purposes, a pipe line or pipe lines and all necessary manholes, connections, appliances and fixtures for use in connection therewith or appurtenant thereto, including piling and other supports in, under, along, and across that certain real property situated in the City of Alameda, County of Alameda, St-ate of California, and hereinafter described; and WHEREAS, said EAST BAY MU- NICIPAL UTILITY DISTRICT paid to the UNITED STATES OF AMERICA � he sum of TWO THOUSAND NINE HUNDRED FIFTY FOUR and 64/100 ($2,954.64) DOLLARS for said grant; and WHEREAS, the EAST BAY MU- NICIPAL UTILITY DISTRICT no longer desires to use said grant and is willing to quit claim its interest in the property hereinafter described to the UNITED STATES OF AMERICA, said quitclaim being contingent upon the receipt of the sum of TWO THOU- SAND NINE HUNDRED FIFTY FOUR and 64/100 ($2,954.64) DOLLARS from the City of Alameda; and WHEREAS the UNITED STATES OF AMERICA is willing to grant to the CITY OF ALAMEDA an easement over and along the hereinafter described property subject to the same limita- tions, terms and conditions now ex- isting in the grant of easement here- inabove described, upon the receipt of a quitclaim deed from the EAST BAY MUNICIPAL UTILITY DISTRICT va- cating the existing easement herein- after described: BE IT ORDAINED BY THE COUN- CIL OF THE CITY OF ALAMEDA: SECTION 1. That the City of Ala - meda purchase from the UNITED STATES OF AMERICA, an easement over and in that certain real prop- erty situated in the City of Alameda, State of California more particularly described as follows: A PORTION of Tract 30, as said Tract is shown on the "Map of Ala- meda 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 Califor- nia," which map was filed in the office of the County Recorder of Alameda County, in Map Book 25, pages 74 to 78, on July 30, 1900, bounded as follows: BEGINNING at the southwestern corner of said Tract 30; running thence along the western boundary line thereof, North V 46' 53" West (the bearing North 4' 46' 53" West being assumed for the purpose of this description; same of record North 5* 55' 40" West) 383.00 feet to the intersection with the west- ern prolongation of the northern line of that certain 6,89 acre tract of land described in deed from Anglo California National Bank of San Francisco, a corporation, to Alameda Belt Line, a corporation, dated December 4, 1942 and re- corded January 8, 1943 in Book 4318 of Official Records of Ala- meda County, at page 209; thence along said prolongation and along the northern line of said 6.89 acre tract South 86' 05' 23" East (of record South 87' 14' 10" East) 488.056 feet; thence North 4' 17' 07" East (of record North 3' 08' East) 182,261 feet; thence South 85' 42' 53" East (of record South 86' 52' East) 0.17 of a foot; thence North 4' 17' 07" Fast (of record North 3' 03' East) 671,184 feet to a point on a line drawn parallel with and distant 430.00 feet southerly meas- ured at right angles from the southern line of that certain parcel of land designated as "Parcel 2" in the deed from The Oakland Water Front Company, a corporation, to Union Iron Works Company, a cor- poration, dated March 29, 1917 and recorded March 30, 1917 in Book 2547 of Deeds at page 41, Alameda County Records, said last men- tioned point being the ACTUAL POINT OF COMMENCEMENT; thence running along said parallel line, and the prolongation thereof, South 89 40 53" East (of record North 89' 10' 20" East) 2364.21 feet; thence South 4' 17' 07" West (of record South 3' 07' 36" West) 12.53 feet; thence North 89 40' 53 West 2364.21 feet; thence North 4' 17' 07" East (of record North 3' 08' East) 12.53 feet to the ACTUAL POINT OF COMMENCEMENT. on the following terms and conditions: (a) That good and merchantable title in said interest in real property be conveyed to the City of Alameda free and clear of all objections, liens and encumbrances; City and County taxes, if any, to be prorated as of date of closing of this sale. (b) That the title of said interest in real property be evidenced by a policy of title insurance issued by Alameda County-East Bay Title Insur- ance Company, insuring title in the City, as provided in the preceding sub-division; (c) That upon deposit with said title company for delivery to the City of a good and sufficient grant of ease- ment conveying said property to the City, said grant being in the form on file in the Office of the City Clerk of said City, and conditioned upon the issuance of a title insurance policy as aforesaid, to be approved by the City Attorney, a warrant of the City be drawn for Two Thousand Nine Hun- dred Ninety -seven and 641100 ($2,997.64) Dollars, payable to the order; of and delivered to the Alameda `.County -East Bay Title Insurance Company,: as escrow holder, for the purpose of ef- fecting the consummation of said :pur- chase and payment. of: title insurance. SECTION 2. The sum :of Two Thou- sand ;Nine Hundred Ninety - seven. and 64/100 ($2;937.64) Dollars is hereby appropriated from the 1951 :Sewer Bond Fund to pay the purchase 'price of said interest in :real property. and cost of .title : insurance policy. 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. FRANK P. OSBORN, Presiding Officer of the Council. Attest: J. P. CLARK, City Clerk. 1, the undersigned, hereby certify that the foregoing Ordinance was duly and : regularly adopted and 'passed by the Council of the City of Alameda in regular sheeting assembled on the 21st day of August 1951, by the fol- lowing vote, to -wit: AYES:; Councilmen Anderson, Bran - scheid, .Jones; Sweeney and President Osborn, (5). NOES: None. ABSENT: None, IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 22nd day of August, 1951. (SEAL) J. P. CLARK, City Clerk of the City of Alameda. Publish August 23, 1951.