Loading...
Ordinance 1187ORDINANCE NO. 1187 New Series AN ORDINANCE AUTHORIZING THE ACQUISITION OF CERTAIN REAL PROPERTY FOR PUBLIC OFF - STREET PARKING PURPOSES. (PO WELL - W ITTENAU) WHEREAS, public interest and neces- sity require that the real property hereinafter described be acquired by the City of Alameda for use by said City for public off - street motor vehicle parking places, including property necessary or convenient for ingress thereto or egress therefrom; and WHEREAS, Robert J. Powell (as his separate property), and Jean Powell Wittenau, a married woman (as her separate property), are the owners of the real property hereinafter described and are willing to sell the same to the City of Alameda for the sum of $25,000.00; BE IT ORDAINED BY THE COUN- CIL OF THE CITY OF ALAMEDA: Section 1. That the City of Alameda purchase from Robert J. Powell (as his separate property), and Jean Powell Wittenau; a married woman (as her separate property), for the sum of $25,000.00, that certain real property situated in the City of Alameda, Coun- ty of Alameda, State of California, more particularly described as follows: PARCEL I: BEGINNING at a point on the northwestern line of Park Avenue, formerly Pine Street, distant there - on- 165.19 feet, more or less, south- westerly from the point of inter- section of said line of Pine Street with the southwestern line of.Santa Clara Avenue, said point of begin- ning being on the northeastern boundary line of the parcel of land conveyed by J. B. Cooper to R. R. Thompson by deed dated August 1, 1879 and recorded August 1, 1879 In Book 181 of Deeds, page 370, Records of said Alameda County, State of California; running thence southwesterly along said line of Pine Street, or Park Avenue; 33 feet; thence northwesterly parallel with the northeastern line of a strip of land known as and called "Post Office Court (said north- eastern line of Post Office Court, being, the southwestern boundary line of that certain parcel of land conveyed by S. F. Walthall and Jeannette H. Walthall, his wife, to Martin J. Brennan by deed dated January 16, 1920 and recorded" January 17, 1920 in Book '2851.. of Deeds, page 331, Records of said County of Alameda, State of Cali- fornia) 92 feet; thence'northeaster- ly parallel with said line of Pine Street or Park Avenue, 33 feet to the southwestern boundary line of land now or formerly; owned' by Tucker Investment Company; for - merly ' owned by J. C. Tucker; thence southeasterly along said boundary line of said 'land 92 feet to the point of beginning. PARCEL 2: COMMENCING at the point of intersection of the eastern line of Park` Street, as same now exists, distant thereon northerly 75.08 feet from the northern line of Post Office Court; thence at right angles easterly 80 feet; thence at right angles northerly 25 feet; thence at right angles easterly 25 feet to the actual point of beginning; thence continuing along said last men- tioned line easterly 35 feet; thence at right angles southerly 45 feet; thence at right angles easterly 25 feet to the western boundary line of the parcel of land conveyed by Annie L. Neal; a widow, to S. F. Walthall by deed recorded in Book 2851 of Official Records, page 330, Alameda County Records; thence at right angles southerly along said western boundary line of 55.08 feet, more or less, to the northern line of Post Office : Court; thence west- city along said last named line 65 feet; thence at right angles north- erly 75.08 feet; thence at right angles easterly 5 feet; thence at right angles northerly 25 feet to the actual point of beginning, on the following terms and conditions: (a) That Robert J. Powell and Jean Powell Wittenau reserve unto them- selves, their tenants, customers and employees, a non- exclusive easement, for the purpose of ingress and egress to adjacent property retained by the said Robert J. Powell and Jean Powell Wittenau; said easement to be de- scribed as follows: BEGINNING" at a point on the northerly line of Post Office Court 100 feet easterly of Park Street; thence northerly parallel to Park Street 75.08 feet to a point; thence at right angles easterly 10 feet; thence at right angles southerly 75.08 feet to the northerly property line of Post Office Court; thence westerly -10 feet to the point of beginning. Said 10 -foot (10') reservation of ease - ment set out above is to be part of a public roadway to be used by the general public in connection with a public off- street parking lot to be constructed' by the City of Alameda on the real property described above. (b) That good and merchantable title in fee simple in said reap prop - erty, subject to the easement set out above, be conveyed to the Cityy icof Alameda, free and clear of all Ne - liens; 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, insur- ing 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 upon deposit with said title company for delivery to the City, of a good and sufficient deed of grant con- veying said property to the 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 $25,000.00, payable to the order of and delivered to said Oakland Title Insur- ance Company, a corporation, as escrow holder, for the - purpose of effecting the consummation of said purchase. Section 2. The sum of $25,175.00 is hereby appropriated from the Off - Street Parking . Project Construction Fund to pay the purchase price of said real property, cost of title insur- ance policy, and other expenses. 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. R. P. KRANELLY Presiding Officer of the Council 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 3rd day of July, 1956, by the following vote, to wit: AYES: Councilmen Haag, Rove, Mc- Call, Moresi and President Kranelly, (5)• NOES: None. ABSENT: None. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 5th day of July, 1956. SHIRLEY H.TENNIER (SEAL) City Clerk of the City of Alameda Publish. July 6, 1956, Attest: SHIRLEY H. TENNIER City Clerk � o m