Loading...
Ordinance 1240ORDINANCE NO. 1240 AN ORDINANCE AMENDING ORDI- NANCE NO. 1213 N. S. RELATING TO THE ACOUISTION OF CER- TAIN REAL PROPERTY FOR STREET, HIGHWAY AND GEN- ERAL MUNICIPAL PURPOSES (TILDEN WAY). BE IT ORDAINED BY THE COUN- CIL OF THE CITY OF ALAMEDA that Ordinance No. 1213 New Series, of the City of Alameda is hereby amended as follows: SECTION 1. That a new section to be known and denominated as Sec- tion 1.1 be added to Ordinance No. 1213 New Series, whereby certain additional real property be purchased by the City of Alameda from the Central Pacific Railway Company and the Southern Pacific Company, sub- ject to the same conditions as set out in Sections 1(a), 1(b) and 1(c) of Ordinance i'Vo. 1213 New Series, as amended herein; said additional real property to be purchased by the City of Alameda at no increase in the compensation as set out in Ordinance No 1213 New Series, Section 1. Said additional real property is situate within the City of Alameda, County of Alameda, State of Ca lfornia, and is more particularly described as follows: PARCEL 1: BEGINNING at the intersection of the direct production northwesterly of the northeastern line of Lincoln Avenue with the center line of Rail- road Avenue, abandoned; thence South 55° 36' 10" East, along said produced line and said northeastern line, 144.39 feet to a point distant thereon, North 55° 36' 10" West, 9.27 feet from the most westerly corner of Block "C," as said block is shown on the map of "Alameda Station Homestead Tract," filed March 14, 1868 in the Office of the County Re- corder of Alameda County and of record in Map Book 17, Page 60; thence northwesterly, northerly, northeasterly and easterly, along the are of a curve to the right, with a radius of 15 feet, the center of which curve bears North 34 23' 50" East from last mentioned point, an arc distance of 40.045 feet to a point from which the center of said curve bears South 7° 21' 31" West; thence easterly, along the are of a reverse curve to the left, with a radius of 1955.08 feet, through a central angle of 3° 53' 24 ", an are distance of 132.74 feet (chord bears South 84 35' 11" East, 132.71 feet) to the direct production north- easterly of the southeastern line of Lot 1 in said Block "C "; thence, along said produced line, South 34° 23' 18" West, 5.83 feet to the southern line of said Railroad Avenue; thence, along the last mentioned line, east- erly, on the are of a curve to the left, with a radius of 1960.08 feet, through a central angle of 8° 53' 14 ", an are distance of 304.03 feet, (chord bears North 89° 06' 45" East 303.73 feet), to the northwestern line of Everett Street; thence, along the direct production of the last men- tioned line. North 34° 23' 18" East, 32.65 feet to the southerly line of the land, (50 feet wide) of Central Pacific Railway Company, formerly of The Company; thence, along the last mentioned line westerly, on a curve to the right, having a radius of 1935.08 feet, through a central angle of 9° 13' 38 "- an are distance of 311.64 feet, (chord bears South 88 ° -39' 53" West, 311.30 feet) to the eastern line of the parcel of land described in the deed from W. B. Clement, et al, to Central Pacific Railroad Company, dated June 5, 1895, recorded Febru- ary 8, 1896 in Book 575 of Deeds, Page 71, Alameda County Records; thence, along the last mentioned line, North 1 03' 54" East, a distance of 12.50 feet, more or less, to said center line of Railroad Avenue; thence northwesterly, along last said line on a cave to the right, having a radius of 1922.53 feet, through a central angle of 8° 06' I8 ", an are distance of 271.97 feet, (chord bears North 82° 39' 17" West, 271.74 feet), to the point of beginning, containing 0.367 el 2n ac °2, more or less. EXCEPTING from said Parcel 1, that portion thereof that lies within that portion of said Railroad Avenue lying northerly of, adjacent to and abutting upon Lots 6 and 7 in said Block "C" of the "Alameda Station Homestead Tract," containing 0.112 of an acre, more or less. PARCEL 2: BEGINNING at a point on the southwestern line of Eagle Avenue distant thereon North 55 36' 14" West, 8.08 feet from the northwestern line of Broadway; thence parallel with and distant at a right angle, 20 feet southerly from the center line of the westward main track of the former Interurban Electric Railway, South 75° 03' 05" West, 509.58 feet to the northeastern line of Buena Vista Avenue; thence, along the last men- tioned line, North 55° 36' 25" West, 1 83 feet to the southerly line of the lind (50 feet wide) of Central Pacific Railway Company, formerly of The San Francisco and Alameda Railroad Company; thence northeasterly, along last said line, on a curve to the left, having a radius of 1935.08 feet, through a central angle of 4 05' 46 11 , an arc distance of 138.34 feet, (chord bears North 70° 31' 44" East, 138.31 feet) to a point; thence, continuing northeasterly along last said line, tangent to curve at last mentioned point, North 68° 28' 51" East, a dis- tance of 331.90 feet to said line of Eagle Avenue; thence, along the last mentioned line, South 55° 36' 14" East, 66.25 feet to the point of begin- ning, containing 0.281 of an acre, more or less. EXCEPTING from said Parcel 2, that portion thereof that lies within the parcel of land described in the deed from Owen D. Cant and Wife to Department of Veterans Affairs of the State of California, dated January 14, 1949, recorded January 20, 1949, in Book 5706 of Official Records of Alameda County, Page 558 (Record- er's Series AD/4275), containing 0.008 of an acre, more or less, being a portion of the property described in deed dated December 4, 1943 from the Southern Pacific Company to Robert A. Pick, et ux, recorded Janu- ary 4, 1944 in Volume 4482, page 194, Official Records of Alameda County. ALSO EXCEPTING from said Par- cel 2, that portion thereof that lies within the parcel of land described in the deed from John H. Harris and Alameda Ordinance No. 1240 1� 1 New Series dated May 29, 1948, recorded June 7, 1948 in Book 5521 of Official Records of Alameda County, , page 439 (Re- corder's Series AC/44884), containing an area of 16 square feet, more or less. PARCEL 3: BEGINNING at the intersection of the northeastern line of Eagle Avenue with the northwestern line of Broad- way; thence, along said line of Eagle Avenue, North 55° 36' 14" West 33.76 feet to the southerly line of the land (50 feet wide) of - Central Pacific Railway Company, formerly of The San Francisco and Alameda Railroad Company; thence, along the last mentioned line, North 68 28' 51" East, a distance of 50.36 feet to a point; thence northeasterly„ continu- ing along last said line, on a curve to the right, from a tangent which is the last described course, having a radius of 3412.87 feet, through a cen- tral angle of 0" 09' 56 an arc dis- tance of 9.86 feet, (chord bears North 68° 33' 49" East, 9.86 feet) to said line of Broadway; thence, along the last mentioned line, South 34 23' 02" West, 49.86 feet to the point of begin- ning, containing 0.019 of an acre, more or less. PARCEL 4: BEGINNING at a point on the southeastern line of Broadway dis- tant thereon North 34° 23' 02 East, 37.47 feet from the northeastern line of Eagle Avenue; thence, along said line of Broadway; North 34 °'23' 02" East,' 104.40 feet; thence North 76 29' 26" East, 622.04 feet to the north- western line of Pearl Street; thence, along the last mentioned line, South 34 °,27' 25" - West, 104.55 feet; thence South 76° 29' 26" West, 621.86 feet to the point of beginning, containing 0.999 of an acre, more or less. EXCEPTING' from ' said Parcel 4 that ,portion thereof that lies within the 8852 square foot : parcel of -land described in the deed from Southern Pacific Company; to Daniel G. Beck- nell and Ethel M. Becknell, dated October 3, 1940, recorded October 30, 1940 in Book 3965 of Official Records of Alameda County, Page 378 (Re- corder's Series MM/59014) containing 0.003 of an acre, more or less. PARCEL' 5: BEGINNING at the most easterly corner of that certain, 15121 square foot parcel of land, described in deed dated July 24, 1941 from Southern Pacific Company to Sidney ,Traver, recorded August 27, 1941 in Volume 4115, page 150, Official Records of Alameda - County, said corner being a point on the northwestern line of Pearl Street; thence North 55 °38' 17" West, along the northeasterly line of said 15121 square foot parcel, a dis- tance of 50.65 feet to the most north- erly corner of : said parcel; thence South 75 03' 05" West, along the northerly line of said parcel, a dis- tance of 182.37 feet to the most west- erly corner of said parcel; thence South r 55° 38' -17" East, along the southwesterly line of said parcel, a distance of 43,32 feet; thence North 69 43 33" West, along the southerly line of that - certain parcel of land described in deed dated October 1, 1909 from Eliza Kelly to Southern Pacific Company, recorded October 2; 1909 in Book 1616 of Deeds,; Page 457, Alameda County' Records, L a > dis- erly corner of the parcel of land described in deed dated October 1, 1909 from John Tregloan to Southern Pacific Company, recorded October 2, 1909 in Book 1616 of Deeds, Page 459, Alameda County Records; thence South 85 41' 08" West, along the southerly line of last said parcel of land, -a distance of 162.17 feet; to a point in the southeasterly line of that certain parcel of land described in deed dated July 31, 1906 from Lovinah B. Jones and . George . C. Jones, her husband, to Southern Pa- cific Company, recorded February 23, 1907 in Book 1340 of Deeds, Page 17, Alameda County Records; thence Solith 34d 23' 02" West, along last said line, a distance of 127.35 feet to the most easterly corner of that cer- tain 8852 square foot parcel of land described in deed dated October 3, 1940 from Southern Pacific Company to Daniel G. Becknell, et ux, recorded October 30,1940..in Book 3965 of Official Records of Alameda County, Page 378 (Recorder's Series >MM /- 59014); thence North 55 38' 17" West, along the northeasterly' line of last said parcel, a- distance of 115.27 feet to a point in a line drawn North 76 29' 26 ", East from a point on the southeastern line of Broadway, dis- tant thereon North 34* 23' 02" East, 37.47 feet from the northeastern line of Eagle Avenue; thence North 76° 29' 26" East, along said line so drawn, a distance of 584.74 feet to said north- western line of Pearl Street; thence South 34° 27' 25 West, along last said line, a distance of 60.68 feet to the point of beginning, containing 0.277 of an acre, more or less. PARCEL 6: BEGINNING at a ; point on the southeastern line of Pearl Street dis- tant thereon, North 34 27' 25" East, 189.71 feet from the northeastern line of Fernside Boulevard; thence North 76 29' 26" East, 80.60 feet to the southerly line of the land (50 feet wide) of Central Pacific Railway Company, formerly of The San Fran- cisco and Alameda Railroad Com- pany; thence, along the last men - tioned line easterly, ' on a curve to the right. having a radius of 3412.87 feet, through a central angle of 3° 13' 21 an are distance of 191.95 feet, (chord bears North 85° 39' 04?2" East, 191.92 feet) to the eastern corner of the parcel of land described in the deed from T. L. Barker, et ux, to Southern Pacific Company dated Feb - ruary 4, 1907, recorded February 23, 1907, in Book 1296 of Deeds, Page 379, Alameda County Records; thence, along, the southerly line of said parcel, South 76° 03' 37" West, 54.10 feet to the most easterly corner of the parcel of land described as Parcel II in the deed from State of Cali - fornia, ; et al, to Southern Pacific Company dated February 23, 1940, recorded March 14, 1940 in Book 3906 of Official Records of Alameda Coun- ty, Page 95; thence, along the south- erly line of last said parcel, South 67 36' 53" West, 49.76 feet to the southeastern line of the parcel of land described in the deed from Linwood Palmer, et al, to Southern Pacific' Company, dated June 5; 1906, recorded February 23, -1907 in Book 1340 of Deeds, Page, 14, Alameda County Records; thence, along the last mentioned line, South 34 °;27' 25" West, 46.85 feet to anpo int in , a line Alameda C m Ordinance No. 1240 �� New Series point on said line of Pearl Street distant thereon, North < 34 27' - 25" East, r 85.16 feet from said line: of Fernside Boulevard; thence, along the line so drawn, South 761 29''26" West, 176.65 feet to the northeastern line of that certain 11681 square foot parcel of land described in the deed from Southern Pacific Company: to Henry H. Andrews, et ux, dated April 1, 1943, r' recorded April- 24, ,1943 in Book 4374 of said Official < Records, Page . 118; thence North 69' 58' : 56" West, along the last mentioned line; 22.82 feet to the most northerly corner - of said -11681 square ,foot parcel, said corner being a point on said southeastern line of Pearl Street; thence North 34° 27' 25" East, along the last mentioned line, 85.71 feet to the point of beginning; containing 0.328 of an acre, more or less. PARCEL 7: COMMENCING at a point in the southeastern '.ine of Pearl Street that is the most northerly corner of that certain 11681 'square foot parcel of land deeded by the Southern Pacific Company April 1; 1943 to Henry H. Andrews and Mildred M. Andrews; his wife, recorded April 24, 1943; in Book' 4374, Page; 118, Official Records of Alameda County; thence South 69 58' <56" East; along the northerly line of said parcel, 22.82 feet to the Actual Point of Beginning of 5 the parcel ol;land to be described; thence, continuing South 69 ' 58' 56" East, along said linty and along the norther- ly line of that certain 5460 square foot ,parcel of land deeded by the Southern Pacific Company November 26, 1943' to Henry H. > Andrews and Mildred M. Andrews, his wife, re- corded :March 3,s 1944, in Book 4517, Page 97, Official Records of Alameda County, : a distance of '122.14 feet to the southeastern' line of the parcel of land described in the deed= from Linwood' Palmer, ' et al, to 'Southern Pacific Company; dated June 5, 1906, recorded' February 23, 1907, in Book 1340 of - Deeds,' Page 14, Alameda County Records; ', thence North 34 27' 25" East, along last said line, a distance of 100.75 feet to a point; in a line drawn North 76' 29' 26 "- East from a point on said line of Pearl Street distant thereon ;North 34 27' 25" East;' 85.16 feet from the north- eastern line of Fernside Boulevard; thence; South 76 °'.29' 26 "' West, ;along said line so drawn, a 'distance of 176.65 feet to the Actual Point of Beginning, containing !0.137 of ` an acre, more or less. PARCEL 8: BEGINNING at a point on the southwestern' line of Harrison "Ave- nue, abandoned, formerly Washing- ton Avenue, distant thereon South 61 04' 39" East, 287.78 feet from the southeastern line of Pearl Street (60 feet wide); thence southwesterly, along the are of a curve to the right, with ar radius of ;429.54 :feet, through a central angle of 22° 09' '49 ", an are distance of 166.16 feet, (chord bears South 56 01' 56 " West,'165.12 feet) to the northerly line of the land (50 feet' wide) - of Central Pacific Railway Company, formerly of The San' Francisco: and Alameda Railroad Company; thence, along the last men- tioned line, easterly on a curve to the right; having r a radius of 3462.87 feet,_through a central angle of 2* (chord bears North 89 °- 28' 01" East, 135.78 feet), to the northwestern line of Versailles Avenue as it now 'exists; thence, along the last mentioned line; northeasterly on the are of a 'curve to the left, with a radius of 600 feet through a central angle of 6 15' 321 an arc distance of 65.54 feet, (chord hears 'North 34 20' ;33" East, "65;51 feet) to the southeasterly line of the land described in deed dated Septem- ber 30, 1876 from N. W. Palmer to Central Pacific Railroad 'Company, recorded October 20, -1876 in Liber 133 of Deeds at Page 261, Alameda County: Records; thence, along the last mentioned line, .northeasterly on a curve to the left having a radius of 741.78 feet, through a central angle of 0' 41' 37' an arc distance of 8.98 feet, - (chord bears North 60 54 08 East 8.98 feet) to the former south- eastern line- of Versailles Avenue; thence, along the last mentioned line and the northeasterly prolongation thereof, North 34° 27' 43" East, 37.44 feet to a point; in a line, parallel with and distant at right r angles, °30 feet northeasterly from said southwestern line of rHarrison Avenue, abandoned, said - parallel line being the 'south- westerly line - of land described ' in deed' dated October 5, 1876 from Win. H. Glasscock,' et al; to the Central Pacific 'Railroad Company, recorded October 20, 1876 in Liber 133 of Deeds at Page 257, Alameda County Records; thence South 60 13' 14" East, along last said parallel line, ; 17.74 feet- to the most southerly; corner of land described in last said 'deed; thence, along the southeasterly line of said land, northeasterly on ;a curve to the left,; having a' radius of 741.78 feet; through a central angle of 2 °'08' >17'", (chord bears North 56° 11' 10?z East; 27.68 ''feet) an arc distance of 27.68 feet, to the U; S. Pierhead and Bulk head line of 1948; - thence, along the last mentioned line, North 60 13' '14" West, :55.78 feet to the northwesterly line of land 'described' in last: said deed; = thence ; southwesterly, ; along last said line and the northerly line of land described in said deed dated September 30, 1876 from N. W. Palmer to the Central Pacific Railroad; Com- pany, on a curve to the right,' having a 'radius of 691.78 feet, through -a central angle of 5° 07' 51 ",` an arc distance of :61.95 feet, (chord bears South 59° 39` 351Y' West, 61.93 feet) to the direct production northeaster- ly, from the point of beginning, of the aforementioned are of curve with a radius of 429.54 feet; thence, along said ',produced >are, southwesterly on said 'curve with a ' radius of - "429.54 feet, through a central angle of ' 0 15' 16 (chord bears South 44" 49' 24" West, 1.91 feet), an are distance of 1.91 feet to the point of beginning, containing '0,233 of an acre, more or less. TOGETHER with all of the right; title and interest of 'Grantors, if ` any, in and to the following:' (a) Those portions of Lincoln Ave- nue and Everett' Street abutting upon said Parcel l: (b) That portion of said Buena Vista Avenue abutting upon said Parcel 2; and (c) That portion of the parcel of land described as Parcel -2 In the deed from Mary E. 'Sawyer to Southern Pacific Company; c dated >November s19, 1906, re- corded in Book 1324 of Deeds, a Alameda Ordinance Na. 1240 l� New Series - from Southern Pacific Comppany to Central Pacific Railway Com - pany; dated April 21, 1950, <re- recorded May 10,!1950 in ;Book 6103 of Official Records of Ala- meda County, Page '543. (d) All those portions of Broadway and Eagle Avenue that rlie southerly of the northerly line of land (50 feet wide) described in condemnation- case No. ,1578 in the District -Court of the Third Judicial District of the State of California in and for the County of Alameda entitled, "The San Francisco and Ala- meda Railroad Company, Plain- tiff, vs Peder Sather, et al; De- fendants," the order confirming the Commissioner's Report on said case being dated November 23, 1874; and northerly of a dine drawn' North 77° 33' 45" East, from a point in the southwest- ern line of Eagle Avenue, dis- tant thereon, North 55 36' 14" West, 16.20' feet -from the north- western line of Broadway. (e) All that portion of said Pearl Street that lies southwesterly; of a line drawn; North 76 °:29' 26° East from a point in the south- eastern line of Broadway, dis- tant thereon, North 34° 23' 02" East; 141.87 feet from the north- eastern line of F.apje Avenue, and northeasterly of a line drawn at 'a right -angle to the southeastern line of said Pearl Street at the intersection there- of, with the southwestern line of Fernside Boulevard. (f) All that portion of Fernside Boulevard that : lies , within the parcel of land described in deed dated February 5,1909 from F. N. Delanoy, et al, to Southern Pacific Company, recorded Feb- ruary 11, 1909 in Volume' 1579 of Deeds, page -76, Alameda County Records. (g) That portion of said Versailles Avenue abutting upon said Parcel 8. EXCEPTING AND RESERVING in favor of Central Pacific Railway; Com- pany, its successors and assigns, the title and exclusive ;right to all of the ; minerals and mineral -ores of every, kind and character now known to exist or hereafter discovered upon, within or underlying all of the property; described in this inden- ture or that may be produced there- from,' including, without limiting the generality of the foregoing, all petro- leum, oil, natural gas and other hy- drocarbon substances and products derived therefrom, together with the right of Central Pacific Railway Com- pany, its successors and assigns, of ingress = and egress beneath the sur- face of said property to explore for, mine, extract and remove the same and to make such use of said prop- erty beneath the surface as is'neces- sary or useful' in connection there- with, which use may include lateral or slant - drilling,' boring, digging or sinking of wells, shafts or tunnels; provided that Central Pacific Railway Company- its successors or assigns, shall not drill, 'dig, or mine through the surface of said property in the exercise of said rights and shall not disturb the surface of said property or otherwise develop the same in such manner as to endanger the safety of SECTION 2. That Section l(b) of Ordinance No. 1213 ; New Series is hereby amended to read as follows: (b) That the title to said real prop- erty be evidenced by policy of _title insurance issued by a duly licensed title insurance company, insuring title in the 'City, as provided in the preceding subdivision. SECTION 3. That Section 1(c) of Ordinance No. 1213 New Series ` is hereby amended to read as follows: (c)Thatupondepositwithsaid -title company for delivery to the City' of a good and sufficient "deed of grant conveying said property to the City, and conditioned upon: the issuance of a title insurance policy; as aforesaid; to 've approved by the City, Attorney, a warrant of the 'City be drawn for the sum of $179,750.00, payable to the order - of and ,delivered to a- duly licensed title insurance company, as escrow holder, for the purpose of effecting the consummation of said purchase and payment of title insur- ance and other expenses. SECTION 4. The herein ordinance is, and is hereby declared to be, an ordinance enacted in the event of great emergency or necessity and is to be introduced, passed and become effective at one and the same meet- ing, pursuant to Section 3 -12 of the Charter of the City of Alameda. The following is a declaration of the facts constituting the great emergency or necessity: Ordinance No. 1213 New Series, which the herein ordinance amends; failed to describe fully the real prop - erty - intended ' to be conveyed to the City of Alameda It, is, ;therefore, nec- essary to amend Ordinance No. 1213 New Series to include= the 'full de- scription. Escrow instructions filed in this transaction by the vendors re- quire that the escrow- be closed and the transaction consummated by July 15, 1957. It is to the direct benefit of the City of Alameda that said trans- action be consummated. The usual procedure and time limitations on the passage and , of ordi- nances would not allow the July 15, 1957, deadline to be met. Other amendments set out herein are tech- nical in nature. SECTION 5. This ordinance, being an ordinance enacted in the event of great emergency or necessity, shall be introduced and passed at one and the same meeting and shall become effective immediately. WILLIAM M. McCALL, Presiding Officer of the Council. ATTEST: SHIRLEY H.TENNIER, 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 meeting ;assem- bled'on the 2nd day of July; 1957, by the 'following vote, to-wit: AYES: Councilmen Freeman, Haag, Petersen, Schacht and President Mc- Call (5). NOES: None. ABSENT: None. IN - WITNESS WHEREOF, I- have hereunto set my hand and affixed the official seal of said City this 3rd day of July, 1957. SHIRLEY H TENNIER, City Clerk of the City of Alameda.