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Ordinance 1050Alameda City Ordinances lrlinance No. 1050 New Series ORDINANCE K 1050 'NEW SERIES AN ORDINANCE VACATING SEWER EASEMENTS IN CERTAIN LANDS AND AUTHORIZING EXECUTION OF QUITCLAIM DEED TO STOKELY FOODS, INC. WHEREAS, the City of Alameda heretofore acquired an easement for sewer purposes in the parcel of land hereinafter particularly described: and WITEREAS, it is no longer necessary for the City of Alameda to retain the easement in said land hereinafter de- scribed and it appears to the Council of the City of Alameda that said easement is not now and will not in the future be required by said City for sewer purposes or for any other purposes; NOW THEREFORE, BE IT OR- DAINED BY THE COUNCIL OF THE CITY OF ALAMEDA: Section 1. That the easement for sewer purposes in, over and upon that certain land situate in the City of Alameda, County of Alameda, State of California, and particularly de- scribed as follows: Being an easement held by the City of Alameda, which easement is described in that certain inden- ture from Stokely Foods, Inc., a corporation, to the City of Ala- meda, a municipal corporation, dated the 12th day of October, 1948, and recorded in the office of the County Recorder of the County of Alarneda, State of California, on November 12, 1948, in Book 5653 of Official Records, at Page 472 there- of. The easement to be abandoned is shown on Drawing 3035, Case 51, of the files of the City Engineer of the City of Alameda, California, attached to said indenture as Ex- hibit "A," and is further described as follows: An easement ten (10) feet wide, described as follows: BEGINNING at Station No. 19 of the Segregation Line as said Station and Line are delineated and so designated upon that certain Map entitled "Map of Alameda Marsh Land as partitioned among the owners thereof in the suit num- bered 8923 and entitled Pacific Im- provement Company, Plaintiff, vs, James A. Waymire, et al, Defend- ants, Superior Court of Alameda County, California," and filed in the office of the Recorder of said County of Alameda on July 30, 1900, in Map Book 25, Pages 74 to 78, inclusive; running thence South 84' 34' East 60.84 feet to a point; thence South 72' 25' East 16.78 feet to a point; thence South 79' 46' East 542.75 feet to a point; thence South 73' 56' East 582.88 feet to a point; thence South 70 18' East 190.93 feet to a. point; thence North 19 42' East 5.00 feet to a point in the northerly boundary of an ex- isting North Side Sewer easement, said point being the beginning of this easement; thence North 19Q 42' East 10.46 feet to the north- erly property line of Stokely Foods, Inc., as said property line is des- ignated in that certain Deed dated March 2, 1948, executed by Alaska Packers Association, a corporation, to Stokely Foods, Inc., a corpora- tion, and recorded March 4, 1948, in Book 5430, at Page 95 of Official Records of Alameda County; thence Easterly along the said property line on a curve of radius 440 feet, a distance of 10.32 feet to a point; thence South 19 42' West 13.13 feet to the northerly boundary line of the said North Side Sewer ease- ment; thence along the said ease- ment boundary line North 70' 18' West 10.00 feet to the point of beginning, be, and the same is hereby, abandoned and vacated, provided, that this ordi- nance shall be of no legal effect it vacating or abandoning the easeinent and right of way herein described unless and until Stokely Foods, Inc., a corporation, shall execute and de- liver to the City of Alameda, a mu- nicipal corporation, a grant of ease- ment for the construction, maintenance, operation, replacement, removal and renewal of underground storm sewers and/or drains in, through, tinder and along that certain parcel of land sit- noted in the City of Alameda, County of Alameda, State of California, and designated as Parcel 2 on that certain Alameda City Engineer's Drawing 3035, Case 51, Revised Nov. 1951, and en- titled Easements for Storm Sewer, Alaska Packers Ass'n, Alameda Belt Line and Stokely Foods, Inc., which said drawing is by reference made a part hereof. Section 2 That the Mayor of the City of Alameda be, and he is hereby, authorized and directed to execute, and the City Clerk to attest, as the act and deed of the City of Alameda, a quitclaim deed remising, releasing and quitclaiming to Stokely Foods, Inc., a corporation, all of said City's right, title and interest in and to the ease- ment described in Section I hereof. Section 3. This ordinance is hereby declared to be a measure of great emergency and necessity for the !mme- diate preservation of the public health and safety and shall take effect imme- diately. The following is a statement of the facts showing the urgency: The easement herein described is to be abandoned and vacated in order that a new easement may be acquired to carry on the work of construction of the Alameda Interceptor of the East Bay Sewage Disposal System. Portions of the easement to be abandoned will be included in the new easement to be acquired and it is therefore necessary that abandoneryint be made prior to the acquisition and recordation of the new easement. FRANK P. OSBORN, Presiding Officer of the Council. Attest: I SHIRLEY H. TENNIER, City 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 in regular meeting assembled on the 5th day of February, 1952, by the fol- lowing vote, to wit: AYES: Councilmen Anderson, Bran- scheid., Tones, 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 6th day of February, 1952, (SEAL) SHIRLEY H. TENNIER, City Clerk of the City of Alameda. Publish February 7, 1952.