Ordinance 1312® Qrdinance N0,1312
Alameda. C. aty Ordnances
New Serig s .
Ordi.na.0ceflag 111.2.
New Series
AN ORDINANCE AUTHORIZING
THE ACOUISITION OF CERTAIN
R EAL PROPERTY FOR STREET;
HIGHWAY AND GENERAL MUNI-
CIPAL PURPOSES (TILDEN >WAY
— MGDONALD)
WHEREAS, public . interest and ne-
cessity require that the real prop-
erty hereinafter described be acquired
by the City of Alameda for street,
highway: and general municipal .pur-
poses; and
WHEREAS, Duncan McDonald and
Fdla McDonald, his wife, are the
owners of the real property herein-
after described and are willing ' to
sell the same to the .City of Alameda
for the sum of TWO THOUSAND,
FIVE HUNDRED ($2;500.00) DOL-
LARS;
NOAV THEREFORE, BE IT OR-
DAINED BY THE COUNCIL OF THE
CITY OF ALAI!?[7EDA:
Section: l: That the .City of Alameda
purchase from Duncan McDonald and
Edla McDonald; - .his wife, for the sum
of $2,500:00; :that .certain real property
situated in the City of Alameda,
County of Alameda; State of Cali-
fornia, more • parteiularly described
as follows:
BEGINNING at the intersection
of the northern line of the railroad
right -of -way of the Central Pacific
Railway Company,. formerly The
San Francisco and Alameda Rail-
road Company, with the northeast-
ern line of Buena Vista Avenue,
as said line was established in
Parcel . 1. of the. Final Decree in
Condemnation rendered June 3,
1943 in Superior Court, Alameda
County;' City of Alameda; Plaintiff,
vs. Lorain -e A: Kenning et a1:; De-
fendants Case No. 195483;. running
thence along said last named line
northwesterly. along; the are of a
curve to the right with ,a radius of
310.83 feet; a distance of 22.31 feet;
thence north 75° 03' 05" east 204.57
feet (based on the California Co-
ordinate. System, Zone' III; . as are
all bearings and distances in this
description) to a point on the gen-
eral southeastern line; of the parcel
of land described in the deed from
American. Trust Company to Dun
can McDonald, et ux:, dated Oc-
tober 13, 1937, recorded October 22,
1937 in Book 3556:of Official Records
of Alameda County, page 46 (HH-
57653); thence along said last named
line southwesterly 8.60 feet to said
northern line of the .right of way
of the Central Pacific Railway.
Company; and thence along said
last named line south 68° 28' 51'•
east 21.21: feet; thence continuing
along last nam line along the
tangent are of a curve .to the right
with a radius of 1885.08 feet, a dis-
tance of 167.09 feet to the point of
beginning,
on the following terms and condi-
tions:
(a) That Food and merchantable
title in fee simple in said real prop-
erty be conveyed to the City of Ala-
meda, free and clear of all objections,
liens and encumbrances; City and
County tuxes to be prorated as of the
date of closing of :this sale.
(b) That the title of said real prop-
erty be evidenced by a policy of
title insurance issued by California
Pacific Title Insurance Company, in-
suring title in the City, as provided
in the preceding; subdivision.
(c) That upon deposit with said
title company for delivery to the City
of a good and sufficient deed of
grant conveying. said property to said
City and conditioned upon the is-
suance of a title insurance policy, as
aforesaid to be approved by the City
.Attorney, a : warrant of the City be
drawn for : $2;600.00 payable' to the
order of and delivered to California
Pacific Title Insurance Company, as
escrow holder, for the purpose of
eff.ect`.ing the consummation of said
purchase' and payment of title in-
surance.
Section 2. That the surer :of $2,600.00
is hereby appropriated .f r o m t h e
Special Gas Tax Street Improve-
ment Fund (Account' 222): to. pay the
purchase price of. said real property
and cost of title insurance policy.
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 pass
age.
WILLIAM M. McCALL
Presiding Officer of the Council
Attest
SHIRLEY I3.' TENNIER
City CIerk.
m z �
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 , as-
sembled on the 21st ' day of . July;
1959, by the following vote, to wit
AYES: Councilmen Collischonn;
Freeman, Petersen and President
McCall, (4).
NOES: None.
ABSENT: Councilman Schacht .(I).
IN: WITNESS WHEREOF, I:'have
Hereunto set my hand and affixed
the official, seal of said City this
22nd day of July; 1959.
(SEAL) .
SHIRLEY . H. T.ENNIE.R
City Clerk of the .City
of Alameda.
Publish: July 24; :1959: