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Ordinance 2054CITY OF ALAMEDA ORDINANCE NO. 2054 New Series AUTHORIZING GRANT OF EASEMENT FOR COMMUNICATION PURPOSES TO HARBOR BAY ISLE ASSOCIATES BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ALAMEDA that: Section 1 . The City of Alameda grant to Harbor Bay Isle ­ iates, a partnership whose general partners are Doric Develop- ment, Inc., a California corporation, and Bay Farm Island, Inc., a Nevada corporation, the easement set forth in Exhibit A, attached hereto and incorporated herein by reference. directed to execute and to attest to, respectively, said easement on behalf of the City of Alameda. 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. Attest: City Clerk PresidiW Officer of the Council GRAI2T OF EASEf;ENT The CITY OF ALAI4EDA, a municipal corporation ( "City "), hereby grants to I:ARBOR BAY ISLE ASSOCIATES, a partnership Whose general partners are Doric Development, Inc., a California corporation, and Bay Farm Island, Inc., a Nevada corporation c ,- nIA "), an assignable easement in gross for the installation, construction, reconstruction, maintenance, repair, operation and use of one or more underground conduits, service boxes, wires, cables and other electrical and optional conductors as well as underground and aboveground fixtures and appurtenances necessary to any and all thereof for the purposes of transmission and distribution of television signals and other communication signals over and under the following: (i) that certain property that is the subject of the grant deed from Harbor Day Isle Associates to the City of Alameda dated September 29, 1977, and recorded October 17, 1977, at Reel 5095, Image 281, Instrument No. 77- 206077, Official Records of Alameda County, California; (ii) that certain property that is the subject of a grant easement from I.arbor Bay Isle Associates to the City of Alameda dated September 29, 1977, recorded on October 17, 1977, at Reel 5095, Image 286, Instrument No. 77- 206078, Official Records of Alameda County, California; and (iii) that area designated Mecartney Road shown on the nap designated Tract 3598 filed October 25, 1979, in Map Book 85 of Maps at page 1, Official Records, Alameda County, California. Said grant of rights does not limit the City of Alameda's right, to require (on a non - discriminatory basis) licenses or franchises for the transmission and distribution of television or other communications signals within the foregoing easements, which right is hereby specifically reserved b the City of Alameda. HBIA further agrees that neither it nor its successors in interest shall assign or license the use of any of said easements to any person who is not franchised or permitted by City to distribute television or other communications signals within the City of Alameda. HBIA or its successors in interest shall dedicate and reconvey said easement to the City upon payment to HBIA by City or its designee of all costs incurred by BBIA or other HBIA project builders for the installation of said fixtures in said easement. Dated: 1981. THE CITY OF ALATIEDA, a municipal corporation By 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 June 16, 1981, by the following vote to wit: AYES: Councilmen Diament, Gorman, Stone, and Vice Mayor Sherratt - 4. NOES: None. ABSENT: President Corica - 1 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 17th day of June, 1981. Ctty Clerk of th City lameda