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Resolution 12001CITY OF ALAMEDA RESOLUTION NO. 12001 ORDERING SUMMARY VACATION OF PUBLIC UTILITIES EASEMENT OVER PORTIONS OF LOT 37 AND 38, TRACT 4122 (HARBOR BAY ISLE VILLAGE FOUR) WHEREAS, the Final Map for Tract 4122 was recorded on January 27, 1981; and WHEREAS, the subject easement was granted to the City of Alameda in December 1986, on behalf of the public by that certain Grant of Easement from Harbor Bay Four Associates, recorded December 17, 1986, under Recorder's Series No. 86- 318870; and WHEREAS, Doric Construction, on behalf of the owners of Lots 37 and 38 of Tract 4122, requested that the City vacate the subject easements; and WHEREAS, following granting and accepting the subject easement, it was determined that the subject easement was no longer necessary; and NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Alameda that: (1) It is hereby found and determine that the Public Utilities Easements over portions of Lot 37 and Lot 38, Tract 4122 described in Exhibit A, are unnecessary for present or prospective public use, that the easement was dedicated less than five (5) years ago but more than one (1) year, and the easement has not been used since dedication. (2) The Engineering Division has contacted United Cable Television, the Bureau of Electricity, Pacific Bell, Pacific Gas and Electric Co., and East Bay Municipal Utilities to obtain permission to vacate such easement, and that all utility companies contacted had no objection to the proposed vacation. (3) It is hereby ordered that the easements over portions of Lot 37 and Lot 38, Tract 4122, described in Exhibit A attached, are hereby vacated pursuant to the provisions of Chapter 4, Part 3, Division 9, of the California Streets and Highway Code. BE IT FURTHER RESOLVED that the City Clerk shall cause certified copies of this order, attested under seal, to be recordedo c in the County Recorder's Office and from and after the date this resolution is recorded, said portions of easements no longer shall.__ constitute easements. 0 in I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the Council of the City of Alameda in regular meeting assembled on the 21st day of August , 1990, by the following vote to wit: AYES: Councilmembers Arnerich, Camicia, Thomas, Withrow and President Corica - 5. NOES: None. ABSENT: None. ABSTENTIONS: None. IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 22nd day of August , 1990. Diane Felsch, City Clerk City of Alameda EXHIBIT "A" ."lteco•.ded at Request of CITY OF ALAMEDA When recorded Return to: CITY ATTORNEY Room 314 City Hall Alameda, California, 94501 GRANT OP EAsERENT D.H. S- 318870 r• -� u'EU IM LTWAI RECOhu.. Oi 4LAMI0A COUNTY. CANE. REN[ C OA:'IDSON. Cowry Reorder d DEC 17 1986 I A* ?i811011111211121314156 A HARBOR BAY VILLAGE FOUR ASSOCIATES, A PARTNERSHIP hereby grant, transfer and convey unto the City of municipal corporation . Grantor, does right-of-way ° Grantee, a permanent non- exclusiveaeasement and r ghg of- ye for Public Utility purposes, in, over, along parcel, or strip of land situateduinetheac City of and County of Alameda, State of California, and which is more particularly described as follows: Real property in the City of Alaa►eda, County of Alameda . State of California, described as follows: Portion of Lots 37 a 38, as said Lots are Serie4122 ", filed January 27, 1981 in Book 123 of shown on , the pages " Series Number 8I- 013442 map of Tract s , Official Records of Alameda County. ounty 51 -59, more particularly described as follows: County. Beginning at the northwestern corner of said Lot 37, as shown on.said map1 and running thence along said Lot Noth 47 g the_no .U.rietbe linelof as North 47'45'19" 45'09" East, (the bearing a.00 feet: thence leaving for the purpose of making hiss beano -taken aid northwestern linenSouththis 26'34'30" Ea) 1.04 feet; thence North 47'45'09" arc of a .curve to the :left, tangent thellastesaidhcours, he East . rdius of .which curve is 1831,80 along the 2'17'09", of a distance of 41 33 80 feet, through a central any the last said course, North 45613'0e" feet; thence on a line tangentltuothe oa a nand tangent curve to t28 i Mast 6.24 feet to e 2f_ a0 on-t non g , from which point ai an etc said cfre 4, g bears South 26'20'18" East; } point a radial line 75 feet to a point on said hence southeasterly radial line South 22'44'42" East; curve West 10.54. fl t; t thence on the arc of a % thence South 45 28'88" West 18,54. feet the the arc of which toe the 1pght, tangent to the last said fcourse, of 2'17'09" a distance 91 41.21 feet feet, through $ central angle 71 .feet; thence South.ab.34•38" `j thence South 47 45'39" feet 3.h8 feet ut a East 1.88 aeet: thence South 47'45'89 "71 thence along said southwwesternhlineuNortht26 '34'30 "of said Lot feet the POINT OF BEGINNING, West 5.00 feet to CONTAINING 164.501 square feet, more or less. Documentary Transfer Tax $ NoX Due City Attorney City of Alaemda IN WITNES HEREOF, Grant L� day of 7' r has executed this instrument OW57 19- M N , 1986;,, HARBOR BAY VILLAGE FOUR ASSOCIATES By DORIC DEVELOPMENT,''INC. A CALIFORNIA CORPORATION, ITS MANAGING GENERAL PARTNER By: Director of Residential Dev•'opment