Resolution 12179CITY OF ALAMEDA RESOLUTION NO. 12179
ACCEPTING GRANT OF EASEMENT FOR STORM DRAINAGE PURPOSES
TO CITY OF ALAMEDA FROM HARBOR BAY ISLE ASSOCIATES
WHEREAS, on January 22, 1982, Harbor Bay Isle Associates
and Ponderosa Homes, the developer of the Heritage of Alameda
subdivision, entered into that certain Agreement with Reclamation
District No. 2105 regarding certain storm drainage facilities
required for the Heritage of Alameda subdivision; and
WHEREAS, Harbor Bay Isle Associates granted a
nonexclusive easement to Ponderosa Homes over, under, and across
that portion of the Harbor Bay Isle Associates property in the
Harbor Bay Business Park, described in the Grant of Easement, for
storm drainage purposes;
WHEREAS, pursuant to the 1982 Agreement, Ponderosa Homes
caused the design and installation of certain storm drainage--
facilities in the Storm Drain Easement Area; and -c
WHEREAS, Heritage of Alameda is the successor to
Ponderosa Homes with respect to easement rights over, under, and
across the Storm Drain Easement Area;
NOW, THEREFORE, BE IT RESOLVED by the Council of the City
of Alameda that the City of Alameda hereby accepts the Grant of
Easement for Storm Drainage from Harbor Bay Isle Associates
(attached hereto as Exhibit A) and directs the City Clerk to record
the same.
BE IT FURTHER RESOLVED that the maintenance of the storm
drain will be transferred to the City of Alameda upon recordation
of the easement.
Recorded at the Request of:
CITY OF ALAMEDA
When Recorded, Return to:
CITY ATTORNEY
Alameda City Hall
Santa Clara Avenue at Oak St.
Alameda CA 94501
GRANT OF EASEMENT
FOR STORM DRAINAGE PURPOSES
On this day of , 1991, HARBOR BAY ISLE
ASSOCIATES, a California general partnership ("Grantor"
hereinafter) does hereby grant, transfer and convey unto the CITY
OF ALAMEDA, a municipal corporation ("Grantee" hereinafter), the
following easenents, licenses, permits and rights for storm
drainage purposes described below ("Grant of Easement"
hereinafter).
CITAIS
This Grant of Easement is nade based on the following facts,
circumstances, and understandings:
A. Grantor is the master developer of the Harbor Bay
Business Park in Alameda, California and the prior and current
owner of various parcels of real property located therein.
B. Heritage of Alameda Homeowners Association is the
homeowners association for that certain residential subdivision
known as Heritage of Alameda which is located within the City of
Alameda adjacent to the Harbor Bay Business Park.
C. On or about January 22, 1982, Grantor and Ponderosa
Homes, the developer of the Heritage of Alameda subdivision,
entered into that certain Agreement with Reclamation District No.
2105 regarding certain storm drainage facilities required for the
Heritage of Alameda subdivision ("1982 Agreement" hereinafter).
In said 1982 Agreement, Grantor granted a nonexclusive easement
to Ponderosa over, under, and across that portion of Grantor's
property in the Harbor Bay Business Park identified in Exhibit
"A" attached hereto for storm drainage purposes (hereinafter
referred to as "Storm Drain Easement Area").
D. Pursuant to the 1982 Agreement, Ponderosa Homes
caused tie design and installation of certain storm drainage
facilities in the Storm Drain Easement Area.
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EXHIBIT A
11/26/91
E. At the request of Grantee and the Heritage of
Alameda Homeowners_Association, Grantor. n6wdesires to complete
its respective requirements underthe 1982 Agreement by granting
easement rights to the City of Alameda as indicated below.
NOW, THEREFORE, Grantor hereby grants to Grantee the
following:
1. Grant of Easement. Grantor hereby grants to
Grantee a non-exclusive easement over, under and across the Storm
Drain Easement Area for storm drain purposes and related ingress
and egress in connection with the ownership, maintenance, and
repairs of the storm drainage facilities and appurtenances which
have been installed and constructed therein.
2. Effective Date. This grant of easement shall be
effective as of the date of recordation thereof in the Official
Records of Alameda County, California.
Ar-'know1=-4,=,=nt of riP1
acceptinc,- this Grant of Easrament, Grantee and its successos and
assigns aonowledse tnat Grantee's maintenance of the stcrm
drainage facilities for storm drainage purposes is a material
consideration of Grantor's grant of easement herein, and the
consideration shall be specifically enforceable by Grantor under
whatever rights and remedies it may have at law or in equity.
Grantor:
HARBOR BAY ISLE ASSOCIATES,
A California General Partnership
By: Doric Development, Inc.,
A California Corporation,
It Managing General Partner
By:
Its:
(Notary's Acknowledgment)
- 2 - 11/26/91
Accepted by Grantee: CITY OF ALAM,EDA,
A Municipal Corporation
Approved as to Form:
Clerk's Attest:
By:
Its:
Carol A. Korade
City Attorney
- 3 11/26/91
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 17th day of
December , 1991, by the following vote to wit:
AYES: Councilmembers Arnerich, Camicia, Lucas, Roth
and President Withrow - 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 18th day of December , 1991.
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Diane-B. Felsch, City Clerk
City of Alameda