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Ordinance 1185Alameda City Ordinances New Series Ordinance No. 1185 New Series AN ORDINANCE AUTHORIZING THE ACQUISITION OF CERTAIN REAL PROPERTY FOR PUBLIC OFF- STREET PARKING PURPOSES. WHEREAS, public interest and neces- sity require that the real property and easement hereinafter described be ac- quired by the City of Alameda for use by said City for public off-street motor vehicle parking places, including prop- erty necessary or convenient for in- gress thereto or egress therefrom; and WHEREAS, Dorothy T. Mayo and American Trust Company, a corpora- tion, as trustees under the last will and testament of Edward M. Shaw, also known as E. M. Shaw, deceased, are the owners of the real property and easement hereinafter described and are willing to sell the same to the City of Alameda for the sum of $5 BE IT ORDAINED BY THE COUN- CIL OF THE CITY OF ALAMEDA: Section 1. That the City of Alameda purchase from Dorothy T. Mayo and American Trust Company, a corpora- tion, as trustees under the last will and testament of Edward M. Shaw, also known as E. M. Shaw, deceased, for the sum of $5,000.00, that certain Teal property and easement situated in the City of Alameda, County of Alameda, State of California, more particularly described as follows: REAL PROPERTY: BEGINNING at a point on the northwestern line of Park Avenue, formerly Pine Street, distant there- on southwesterly 142.19 feet from the point of intersection thereof with the southwestern line of Santa Clara Avenue; running thence southwesterly along said line of Park Avenue, 23 feet; thence at right angles northwesterly 118 feet; thence at right angles north- easterly 23 feet; and thence at right angles southeasterly 118 feet to the point of beginning. EASEMENT: BEGINNING at a point on the northwestern line of Park Avenue, formerly Pine Street, distant there- on southwesterly 131.19 feet from the point of intersection thereof, with the southwestern line ofSanta Clara Avenue; runningg thence at right angles to said line of Park Avenue, northwesterly 90.42 feet; thence at right angles northeaster- ly 23 feet; thence at right angles northwesterly 67.68 feet, more or less, to the eastern line of that certain parcel of land conveyed by Tucker Investment Company, a corporation, to Edward M. Shaw, by deed dated February 13, 1925 and recorded March 2, 1925 in Book 953 of Official Records, at Page 67, Alameda County Records; thence southwesterly along said eastern line of said parcel of land, 12 feet to the southeastern corner thereof; thence at right angles southeasterly 40.10 feet, more or less, to a point distant 118 feet at right angles northwesterly, from the northwest- ern line of Park Avenue; thence at right angles southwesterly 22 feet; thence at right angles southeasterly 118 feet to said northwestern line of Park Avenue; and thence north- easterly thereon 11 feet to the point of beginning, on the following terms and conditions: (a) That Dorothy T. Mayo and Amer- ican Trust Company, a corporation, as trustees under the last will and testa- ment of Edward M. Shaw, also known as E. M. Shaw, deceased, reserve unto themselves an easement through the above described real property for in- gress and egress of vehicles and pedes- trians, to the back portion of certain parcels of real property retained by grantors and commonly described as 1430 to 1440 Santa Clara Avenue, Alameda, California. The real property to be granted to the City of Alameda, above described, is to be used for City owned off-street parking facilities. The easement re- ferred to in the above paragraph shall follow the normal traffic circulation to be set up in such off-street parking facilities, and shall be a 10-foot wide lane in such traffic circulation pattern. (b) That good and merchantable title in fee simple in said real property, subject to the easement set out above, be conveyed to the City of Alameda, free and clear of all objections, liens and encumbrances; City and County taxes to be prorated as of date of closing of this sale. (c) That the title to said real prop- erty be evidenced by a policy of title insurance issued by Oakland Title In- surance Company, a corporation, in- suring title in the City, as provided in the preceding subdivision, said title insurance to be at the expense of the City of Alameda. (d) That good and merchantable title to the easement to be conveyed from Dorothy T. Mayo and American Trust Company, a corporation, as trustees under the last will and testament of Edward M. Shaw, also known as E. M. Shaw, deceased, to the City of Ala- meda, be conveyed free and clear of all objections, liens and encumbrances; City and County taxes to be prorated as of date of closing of this sale. (e) That the title to said easement referred to in paragraph (d) above be evidenced by a policy of title insur- ance issued by Oakland Title Insur- ance Company, a corporation, insuring title in the City, as provided in the preceding subdivision, said title in- surance to be at the expense of the City of Alameda. (f) That upon deposit with said title company for delivery to the City of a good and sufficient deed of grant con- veying said properties to the City and conditioned upon the issuance of title insurance policy, as aforesaid, to be approved by the City Attorney, a warrant of the City be drawn for $5,000,00, payable to the order of and delivered to said Oakland Title Insur- ance Company, a corporation, as es- crow holder, for the purpose of effect- ing the consummation of said purchase. Section 2. The sum of $5,100.00 is hereb:; appropriated from the Off- Street Parking Project Construction Fund to pay the purchase price of said real property, cost of title insur- ance Doliev. and other axnenseq.