Loading...
Ordinance 1203Alameda Cl Ordinances New Series Ordinance No. 1203 New Series AN ORDINANCE AUTHORIZING THE ACQUISITION OF CERTAIN REAL PROPERTY KNOWN AS ENCINAL PROJECT. CAL -4113. WHEREAS, public interest and ne- cessity require that the real property hereinafter described be acquired by the City of Alameda; and WHEREAS, the United States of America, through its authorized agency, the Public Housing Adminis- tration, is the owner of the real prop- erty hereinafter described and will relinquish title and transfer the same to the City of Alameda upon the terms and conditions set out herein- after, NOW THEREFORE, BE IT OR- DAINED BY THE COUNCIL OF THE CITY OF ALAMEDA: Section 1. That the City of Alameda purchase from the United States of America, through its agency, the Pub- lic Housing Administration, for the sum of $462,500.00, plus closing costs, plus cost of appraisal to the Public Housing Administration ($300.00), plus reimbursement to Public Housing Ad- ministration for prepaid land rental on portions of Encinal Project, Cal - 4113, which are leased by Public Hous- ing Administration, and plus or minus prorated income, expenses, and taxes, that certain real property situated in the City of Alameda, County of Ala- meda, State of California, more par- ticularly described as follows: COMMENCING at that certain granite monument located at the intersection of the center line be- tween the main line tracks of the Southern Pacific Company as lo- cated easterly of Webster Street, between Work Street and Buena Vista Avenue, Alameda, California, with the "Line segregating the high and dry land from the marsh land as surveyed by the Pacific Improvement Company" and so designated and delineated upon that certain map entitled "Map of Alameda Marsh Lands as parti- tioned among the owners thereof in the suit numbered 8923 and entitled Pacific Improvement Com- pany, plaintiff, vs. James A. Way- mire, et al., defendants, Superior Court of Alameda County, State of California," filed July 30, 1900, Map Book 25, pages 74 to 78, Ala- meda County Records; said point of intersection lying between an- gle points 11 and 12 of the segrega- tion line; RUNNING thence from said granite monument S 84° 18' 40" E a distance of 57.69 feet along said segregation line to the true point of beginning of the hereinafter described parcel, said point being in the easterly right -of -way line of `he Southern Pacific Company, said point being the Southwest corner of Tract No. 30, as said tract is delineated and so designated upon the heretofore mentioned "Map of Alameda Marsh Lands "; RUNNING thence from said point of beginning; along the West- ern line of said Tract 30, N 5° 55' 40" W a distance of 383.88 feet to the intersection of the western 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 Ala- meda Belt Line, a corporation, dated December 4, 1942, and re- corded January 8, 1943, in Book 4318 of Official Records of Alameda County, at page 209; RUNNING thence along said pro- longation and along the Northern line of said 6.89 acre tract S 87° 14' 10" E a distance of 488.056 feet to a point; RUNNING thence N 3° 08' E a distance of 182.261 feet; THENCE S 86° 52' E 0.17 feet; THENCE N 3 1 08' E a distance of 671.184 feet to a point; THENCE N 89 10' 20" E a dis- tance of 2595.98 feet to a point, from which a 4" x 4" redwood post with nail center set in the westerly line of the "Alameda Belt Line" right -of -way bears N 89° 10' 20" E a distance of 100.24 feet; THENCE along a line parallel with and 100 feet westerly, meas- ured at right angles from the said westerly line of the from Belt Line" right -of -way S 3° 07' 36" W a distance of 1016.16 feet; THENCE N 87° 14' 10" W a dis- tance of 2434.84 feet; THENCE Southwesterly on the arc of a curve concave to the Northwest having a radius of 243.53 feet (the chord of which bears S 73° (4' 54" W 164.04 feet) an arc distance of 167.31 feet to a point; THENCE N 87 14' 10" W a dis- tance of 337 79 feet to a point; THENCE Southwesterly on the are of a curve concave to the South- east having a radius of 70.06 feet (the chord of which bears S 58 21' 10" W -79.19 feet) an arc dis- tance of 84.15 feet to a point; THENCE continuing Southwest- erly on the are of a curve to the Southeast having a radius of 70.06 feet (the chord of which bears S 9 00' 15" W 36.12 feet) an arc distance of 36.53 feet to a point; THENCE S 5 56' 00" E a dis- tance of 20.86 feet to a point on the Western line of that certain 18.77 acre tract of land described in the deed from Planatal Com- pany, a corporation, to Alameda Belt Line, a corporation, dated February 8, 1927, and recorded May 17, 1927 in Book 1580 of Official Records, page 286, said last men- tioned line being the are of a cir- cle having a radius of 477.68 feet, the center of which bears N 55° 02' 40" E 477.68 feet from said last mentioned point; THENCE from said last mention- ed point S 5 55' 40" E a distance of 228.710 feet to a point in the heretofore mentioned "Line segre- gating the high and dry land from the marsh land as surveyed by the Pacific Improvement Company" as shown on the "Map of Alameda Marsh Lands" above referred to; THENCE continuing from said last mentioned point S 5° 55' 40" E a distance of 181.89 feet - along a line parallel to and 60 feet dis- tant easterly from said easterly line of the Southern Pacific Com- Alameda City New Series Ordinances Ordinance No. 1203 pany; THENCE S 88' 18' E a distance of 18.709 feet to a point which bears N 88° 18' W 483.00 feet from the center line of Eighth Street; THENCE parallel to said center line of Eighth Street S 1' 47' 05" W a distance of 127.00 feet to a point on the northerly line of Eagle Avenue distant N 88° 18' W 444.50 feet from the Westerly line of Eighth Street; THENCE along said Northerly line of Eagle Avenue N 88° 18' W a distance of 62.049 feet to a point on the Easterly right -of -way line of the Southern Pacific Company; THENCE N. 5° 55' 40" E along said easterly right -of -way line a distance of 314.323 feet to the point of beginning; EXCEPTING THEREFROM, (a) THAT PORTION thereof, lying within the lines of the tract of land described in the quitclaim deed from United States of Amer- ica, to Alameda Unified School District of Alameda County, dated June 1, 1953, recorded August 26, 1953, in Book 7117 of Official Records of Alameda County, at page 107, Series No. AH- 75890. (b) THAT PORTION thereof, lying within the lines of the 1.029 acre tract of land described in the quitclaim deed from United States of America to Alameda Belt Line, a corporation. - dated October 7, 1947, recorded March 30, 1949, in Book 5762 of Official Records of Alameda County, at page 249, Series No. AD-21732. (c) THAT PORTION thereof, lying within the lines of the tract of land described in the quitclaim deed from United States of Amer- ica, to John Huston, dated June 27, 1951, recorded October 3, 1952, in Book 6840 of Official Records of Alameda County, at page 513, Series No AG- 81474 SUBJECT to the rights of the public in and to all streets and highways; subject to the rights of Southern Pacific Company, Ala- meda Belt Line, or any other rail- road which crosses or traverses these lands and all other easements or rights -of -way of record CONTAINING a net area of 52.6892 acres, more or less; upon the following terms and conditions (a) Said real property - described above is that certain Federal housing project known as ENCINAL PROJECT, CAL - 4113. The City of Alameda cove- nants and agrees to retain 400 dwell- ing units of said project occupied or available for occupancy for a period of 3 years, immediately following relin- quishment of title from the United States of America to the City of Ala- meda, with the proviso that should the City of Alameda fail to retain said 400 units occupied or available for occu- pancy during the said 3- ,year period; or should the City of Alameda deliver pos- session of or title to the housing struc- tures comprising the said 400 units to any third party during the said 3 -year period, then, at the option of the Public Housing Administration, the real property upon which said 400 units are located shall revert to and title be revested in the United States of America. The real property under- lying the aforesaid 400 units is de- scribed as follows: All that certain real property situated in the City of Alameda, County of Alameda, State of Cali- fornia, more particularly described as follows: COMMENCING at that certain granite monument located at the intersection of the center line be- tween the main line tracks of the Southern Pacific Company as lo- cated easterly of Webster Street, between Work Street and Buena Vista Avenue, Alameda, California, with the "Line segregating the high and dry land from the marsh land as surveyed by the Pacific Improvement Company" and so designated and delineated upon that certain map entitled Map of Alameda Marsh Lands as parti- tioned among the owners thereof in the suit numbered 8923 and en- titled Pacific Improvement Com- pany, plaintiff vs. James A. Way- mire, et al, defendants, Superior Court of Alameda County, State of California" filed July 30, 1900, Map Book 25, pages 74 to 78, Ala - meda County Records; said point of intersection lying between angle points 11 and 12 of the segrega- tion line; RUNNING thence from said granite monument S 84 18' 40" E a distance of 57.69 feet along said segregation line to the true point of beginning of the hereinafter de- scribed parcel, said point being in the easterly right -of -way line of the Southern Pacific Company, said point being the Southwest corner of Tract No. 30, as said tract is delineated and - so designated upon the heretofore mentioned "Map of Alameda Marsh Lands "; RUNNING thence from said point of beginning , along the Western line of said Tract 30, N 5° 55' 40" W a distance of 383.88 feet to the intersection of the western prolon- gation of the Northern line of that certain 6.89 acre tract of land de- scribed in Deed from Anglo Cali- fornia National Bank of San Fran- cisco, a corporation, to Alameda Belt Line, a corporation, dated De- cember 4, 1942, and recorded Jan- uary 8 1943, in Book 4318 of Offi- cial Records of Alameda County at page 209; RUNNING thence along said pro- longation and along the Northern line of said 6.89 acre tract S 87° 14' 10" E a distance of 488.056 feet to a point; RUNNING thence N 3° 08' E a distance of 182.261 feet; THENCE S 86° 52' E 0.17 feet; THENCE N 3° OB' E a distance of 671.184 feet to a point; THENCE N 89 10' 20" E a dis- tance of 747.4 feet to a point; THENCE S 3° 08' W a distance of 388.4 feet; THENCE N 87° 14' 10" W a dis- tance of 92.4 feet; THENCE S 3° 08' W a distance of 242.5 feet; THENCE N 87° 14' 10" W a dis- tance of 380.2 feet to a paint; THENCE S 3° 08' W 88.00 feet to a point; THENCE S 87° 14' 10" E a dis- Alameda C New Series I O r d inances Ordinance No. 1203 tance of 2,314.8 feet to a point 100 feet westerly of the westerly line of the "Alameda Belt Line" right - of -way; THENCE along a line parallel with and 100 feet westerly, meas- cared at right angles from the said westerly line of the "Alameda Belt Line" right -of -way S 3 07' 36" W a distance of 162.9 feet; THENCE N 87" 14' 10" W a dis- tance of 2,415.60 feet; THENCE southwesterly on the are of a curve concave to the north- west having a radius of 24153 feet (the chord of which bears S 69° 52' 02" W 189.501 feet) an are distance of 194.68 feet to a point; THENCE N 87 14' 10" W a dis- tance of 337.79 feet to a point; THENCE southwesterly on the arc of a curve concave to the southeast having a radius of 70.06 feet (the chord of which bears S 58° 21' 10" W 79.19 feet) an are distance of 84.15 feet to a point; THENCE continuing southwest- erly on the are of a curve to the southeast having a radius of 70.06 feet (the chord of which bears S 9° 00' 15" W 36.12 feet) an are dis- tance of 36.53 feet to a point; THENCE S 5 56' 00" E a distance of 20.86 feet to a point on the western line of that certain 18.77 acre tract of land described in the deed from Planatal Company, a corporation, to Alameda Belt Line, a corporation, dated February 8, 1927, and recorded May 17, 1927 in the Book 1580 of Official Records, Page 286, said last mentioned line being the are of a circle having a radius of 477.68 feet, the center of which bears N 55° 02' 40" E 477.68 feet from said last mentioned point; THENCE from said last mentioned point S 5 55' 40" E a distance of 228.710 feet to a point in the here- tofore mentioned "Line segregating the high and dry land from the marsh land as surveyed by the Pa- cific Improvement Company" as shown on the Map of Alameda Marsh Lands" above referred to; THENCE continuing from said last mentioned point S 5° 55' 40" E a distance of 181,89 feet along a line parallel to and 60 feet distant easterly from said easterly line of the Southern Pacific Company; THENCE S 88° 18' E a distance of 18.709 feet to a point which bears N 88" 18' W 483.00 feet from the center line of Eighth Street; THENCE parallel to said center line of Eighth Street S I° 47' 05" W a distance of 127.00 feet to a point on the northerly line of Eagle Avenue distant N 88° 18' W 444.50 feet from the Westerly line of Eighth Street; THENCE along said northerly line of Eagle Avenue N 88° 18' W a distance of 62.049 feet to a point on the Easterly right -of -way line of the Southern Pacific Company; THENCE N 5 °55'40" E along said easterly right -of -way line a dis- tance of 314.323 feet to the point of beginning; EXCEPTING THEREFROM, That portion thereof, lying within the lines of the tract of land de- scribed in the quitclaim deed from United States of America, to John Huston, dated June 27, 1951, re- corded October 3 1952, in Book 6840 of Official Records of Alameda County, at Page 513, Series No. AG- 81474. (b) That the sum of $462,500,00, plus closing costs, plus cost of appraisal to the Public Housing Administration ($300.00), plus reimbursement to Public Housing Administration for prepaid land rental on portions of Encinal Project, Cal -4113, which are leased by Public Housing Administration, and plus or minus prorated income, ex- penses, and taxes, be paid into the Public Housing Administration of the United States of America, as follows- (1) A certified check in an amount equal to the following items: $25,000.00 as down payment on the purchase price; Closing costs; Cost of appraisal to Public Housing Administration ($300.00); Reimbursement to P u b l i c Housing Administration for pre- paid land rental on portions of real property relinquished; Plus or minus an amount equal to prorated income and expenses relative to said Enci- nal Project, Cal -4113. (2) A note, with interest at pre- vailing Federal rates, secured only by a deed of trust upon the real property transferred herein and the net revenue therefrom before reserves, and expressly not se- cured by the taxing power of the City of Alameda; the General Fund of the City of Alameda being also expressly not liable for the pay- ment of the note or interest there- on, said note to be in the amount of $437,500.00, plus an amount equal to reimbursement to Public Hous- ing Administration for payments made or to be made by the Public Housing Administration in lieu of taxes from the date of transfer to June 30, 1957; said note to be pay- able in ten (10) equal semi - annual installments commencing six (6) months after transfer of title, and to provide for prepayment of princi- pal and interest at the option of the City of Alameda; the deed of trust securing said note to allow for a partial release of said real property from said deed of trust when and if portions of said real property are sold; said release or releases to be conditioned upon the payment on the principal of the note of an amount equal to the reasonable value of the real prop- erty to be released as determined by the Public Housing Administra- tion or the proceeds from the sale of the portion sold, whichever is greater. All payments releasing portions of said real property from said deed of trust shall on the next regular payment date be ap- plied first to payment of principal and interest on the note then due, and any excess amount shall be then applied towards the remaining principal due, the remaining prin- cipal amount due shall be then recalculated into equal amounts for the semi- annual payments re- maining in the five (5) year period Alameda City Ordinances New Series Ordinance No. 1203 of the note. A release of said prop- erty as set out in this paragraph shall in no way affect the cove - nants, agreements and 'reverter provisions relating to the 400'hous- ing units of Cal -4113 as set out in the quitclaim deed = transferring title to the real property set out in this deed of trust. (c) That the Mayor of the City of Alameda be authorized to execute, on behalf of the City of Alameda, the note and deed of trust referred to above. (d) That good and merchantable title in fee simple in said real property be conveyed to the City of Alameda, free and clear of all objections, liens and encumbrances, excepting those noted above. (e) That the title to said real'prop- erty be evidenced by 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. (f) That upon execution of a good and sufficient quitclaim deed to the real - property hereinabove - described, said deed to be approved by the City Attorney, a certified check of the City of Alameda, from the Encinal Hous- ing Project Fund (Account 352). in an amount equal to that set out in para- graph (b) (1) above, be drawn, pay- able to the order of the Public ous- ing Administration, for the purpose of effecting the - consummation of said relinquishment of title and transfer to the ‚ÄěCity of Alameda. Section 2. The sum of $29,500.00 is hereby appropriated from the Encinai Housing Project Fund to pay the con- sideration for relinquishment of title and transfer to : the City of Alameda of the above described real property, cost of title insurance, and other L xpenses. Section 3. The Council of the City of Alameda does hereby declare that the herein ordinance is being enacted in the event of great emergency and ne- cessity, r- Pursuant to agreement'- with the United States of America, the .com- pletion of the transaction recited here- in must be accomplished on or before November 30, 1956, or a period of ap- proximately twenty-three (23) days from the date of enactment of this ordinance; hence, it is - extremely ur- gent and necessary that this ordinance be in full force and effect prior to the ordinary 30 -day waiting period set out in Section 3 -12 of the Charter of the City of Alameda. Section 4. Pursuant to Section 3 -12 of the Charter of the City of Alameda, this ordinance, being an ordinance *n- acted in the event of great emergency or necessity, it shall be introduced and passed at one and the same meeting and shall become effective immediately upon passage. R. P. KRANELL'Y, Presiding Officer of the :Couneffi: Attest: SHIRLEY H. TENNIER, City Clerk. 1, the undersigned, hereby , vertiffy that the foregoing Ordinance was duly and regularly adopted and passed by the Council of the City of Ala- meda in regular meeting assembled on the 7th day of November, 1956, by the following vote, to wit: AYES: Councilmen Haag, Hove, Mc- Call, Moresi and President Kraneliy, (5). NOES: None. ABSENT: None, IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 8th day of November, 1956. (SEAL), SHIRLEY H. City Clerk of the City of Alameda. Publish November 9, 1956.