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Resolution 02094RESOLUTION NO. 2094 AUTHORIZING FURCHASE OF REAL PROPERTY. FOR PARK AND PLAYGROUND PURPOSES, AHD SETTLEMENT 1ED COMPROMISE OF CLAIM OF BIANCA CONTI ROYCE. MEREAS, in the opinion of the Council of the City of Alameda, public interest and necessity require that Franklin Park in said city be completed; and WHEREAS it is necessary that the real property hereinafter described, lying adjacent to said Franklin Park, be acquired by purcbeee, to be held by the City of Alameda for the uses and purposes of a public park and playground; and WHEREAS Bianea 'Conti Royce did heretofore institute in the Superior Court of the State of California, in and for the Count y of Alamede, an action entitled "Bianca Conti Royce, Plaintiff, vs. City of Alameda, a municipal corporation, Defendant," and numbered. 140645 on the files therein, praying for the abatement of said Franklin Park adjacent to the property of said Bianca Conti Royce hereinafter described, and for damages; and WHEREAS the claim of said Bianca Conti Royce is disputed by the City of Alameda; and Whereas the said Bianca Conti Royce has agreed to settle and compromise the said action, and to release the City of and from every claim, demand, right or cause of ,action which she may have against the City of Alameda, upon payment to her of the sem of 4100., and for the further consideration that the City purchase from her for the sum of $5900 the real property hereinafter described; and WHEREAS an agreement in writing, embodying the terms of said settlement and compromise, and the terms of purchase of said real property, has been executed by said Bianca Conti Royce, a copy of which agreement is hereto annexed, narked Exhibit A and by reference made a part hereof, wherein said Bianca Conti Royce agrees to convey to the City of Alameda the real property- hereinafter described, free and clear of all liens and encumbrances, but subject to city and county taxes for the fiscal year 1936-37, for the sum of 45900., and compromise the said claim for the sum of 4100; NOW THEREFORE, BE IT RESOLVED by the Council of the City of Alameda, that the City of Alameda purchase from said Bianca Conti Royce, for the sum of $5900, the following described real property situate, lying and being in the City of Alameda, County of Alameda, State of California, to-wit: BEGINNING at e point on the Southwestern line of San Antonio Avenue distant thereon Northwesterly One Hundred and Thirty feet from the point of intersection thereof with the Northwestern line of Paru Street, as said Avenue and Street are shown on the Map hereinafter referred to; and running thence Westerly along said line ef San Antonio Avenue fifty feet; thence at right angles Southwesterly One Hundred and Fifty feet; thence at right angles Southeasterly Fifty feet; and thence et right angles Northeasterly One Hundred and Fifty feet to the point of beginning. BEING Lot Numbered 7 and the Southeastern Five feet of Lot Numbered 8, in Block Lettered "J", se said Lots and Block are delineated and so designated upon that certain Map entitled, "Map of Oak Park, Encinal of Alameda, Alameda County, California" filed October 26, 1876, in Liber 1 of Maps, at page 103 in the office of the 'County Recorder of Alameda County. ES IT FURTHER RESOLVED that the Mayor of the City- of Alameda be, and he is hereby, authorized and directed to execute, for and on behalf of the City of Alameda, the aforesaid contract for the purchase of said real property, and for the compromise and settlement of said claim. BE IT EURTHER RESOLVED that the compromise offered by said Bianca Conti Royce in settlement of her claim aforesaid, in the sum cf 4100, be, and the same is hereby approved. BE IT FURTHER RESOLVED that upon approval by the City Attorney of the title to said real property, said title to be evidenced by a roliCy of title insurance issued by the Oakland Title Insurance and Guaranty Company, the City cf Alameda accept a con- veyance of said real property, and that the City Auditor and City Treasurer he, and they are hereby authorised and directed. to issue a warrant against the treasury of the City of Alefeda, payable to the order of Oakland Title Insurance and Guaranty Company, and that the eame be delivered to said title company for the account of said Bianca Conti Royce, to be paid upon delivery and recordation of said deed, and that the City Attorney and all other proper officials of the city be, and they are hereby directed to do and cerfort-alilaCts required tc carry out the provisio'ns of this resolution and of said contract. I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted by the Council of the City of Alameda in adjourned regular meeting assembled on the 15th day of September, 1936, by tho follow- ing vbte, to wit: AYES: Councilmen Godfrey, Morris, reichhart and Preeident Eschen, NOES: None. ABSENT: None, (4). TN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 16th day of September, 1936. D. EL DYER (SEAL) City Clerk of the ,City of Alameda AGREEMENT OF SATE AND SETTLEMENT AND COMPROMISE CF CLAIM THIS AGREEMENT, made ,this day of September, 1936, by and between the City of Alameda; a municipal corporation, the first party; and Bianca Conti Royce, second party, NITNESSETH: WHEREAS second party did heretofore institute in the Superior Court of the State of CallfornEa, in and for the County ef Alameda; an action entitled Bianca Conti Royce, Plaintiff vs. City of Alameda, a municipal corporation, Defendant, and numbered 140645 onethe filer therein, praying fur the abatement of a certain public park and playground maintained by first party adjacent to the property of second party herein- after described, and for damages, and WHEREAS the parties hereto have agreed that in consideration of the payment by first party to second party of the sum of Six Thousand Dollars (3000), aecend party will settle and compromise said action., and convey to first party the real property hereinafter deaeribed, NOW ThEREFORE, in conaideratioa of the premiaes, and upon payment by first party of the sum or Six Thousand Dollars (0000); the second party agrees to sell and convey' to first party the following described real property situate, lying and being in the City if Alameda, County of Alameda, State of California, to-wit: BEGINNING at a point on the Southwestern line of San Antonio Avenue distant thereon Northwesterly One Hundred and Thirty feet from the point of intersection thereof with the North- western line of Peru Street, as said Avenue and Street are shown on the Yap hereinafter referred to; and running thence Westerly along said line of San Antonio Avenue Fifty feet; thence at right angles Southwesterly One Hundred and Fifty feet; thence et right angles Southeasterly Fifty feet; and thence at riGht angles Northeasterly One Hundred and Fifty feet to the point of beginning. BEING Lot Numbered 7 and the Southeastern Five feet or Lot Numbered 8, in Block Lettered "J", as said Lots and Block are delineated and so designated ueon that certain Map entitled, "Map of Oak Park, Encinei of Alameda, Alameda County, California" filed October 28, 1875, in Liber 1 of Mars, at page 103 in the office of the County Recorder of Alameda County, and to release and discharge the City of ILlameda, first party, of and from any and every claim, demand, right or cause cf action, of whatsoever kind or nature, by reason of the maintenance and operation by said fiorat party of a public park and elayground adjacent to the property of second party hereinbefore described, and from all claims of every kind, nature and character, against first party from the beginning of the world to the vesting of title to the herein described property in first party. The value of said real property is hereby stipulated to be t*r sum of Fifty- nine Hundred Dollars (45900). Title to said real property Shall be evidenced by a eolicy of title insurance issued by the Oakland Title Insurance and Guaranty Company. First party shall be allowed fifteen days from the date hereof for the examination of title to said property, and to report in writing any valid objections thereto to first party. At the expiration of said time, if no such objections to the title are reported by said Oakland Title Insurance. and Guaranty Company, first party shall deposit t.e sum of Six Thousand Dollars (46000) with said Oakland Title Insurance and Guaranty Company for the account of second party, and said second party shall, rithin ten days from the date of such deposit, deliver to said title company, the following documents properly executed by second party: (a) A good and sufficient deed of grant conveying to first party the real, property herinbefore described; (b) A release by seoond party of all claims against first party, in for approved by the City Attorney of first party; (c) A dismissal with prejudice of the aforementioned action, duly signed by second party's attorneys. Second perty agrees to convey said property with an unqualifiedly valid and merchantable title in fact and of record, entirely free of any defect, restriction, lien or encumbrance not herein expressly excepted, or herein specifically aesumed by first party. If any such objections to title are shown on the report of said title company, second party shall use all due diligence to remove the same within thirty days there- after, and if such. objections cannot be removed within the time specified herein, all righta and obligations herein may, at the election et first party, terminate. In the event the improvements on said property shall be destroyed or materially damaged between the date hereof and the consummation of said purchase, this contract shall, at the option of first party, become null and void. City and county taxes assessed againetsaid real property for the fiscal year 1936—Z7, shall be assumed by first party. Examinetion cf title and documentary stamps shall be at the expense of first party. It is further understood and agreed between the parties hereto that the mutual agreements and considerations herein expressed are indivisible, and that the failure of one of the parties hereto to perform each and all of said agreements on the part of such party to be performed shall release the other party hereto from the performance of any and all of the reen1ents en its part to be performed. IN WITNESS WHEREOF the parties hereto have executed this agreement the day Evid year first above written. CITY OF ALAI:Z.11k , a municipal corporation, By Mayor First Party eooa ±arty. * * * * * * * * I hereby certify that the foregoing is a. full, true and correct copy of "'Resolution No. 2094, AUTHORIZING PURCHASE OF BILL PROPERTY' FOR PARK AND PLnYGROUND PURPOSES', AND SETTLF1=T AND COMPROMISE OF CLAIM OF BIANCA CONTI BOYCE", introduced and adopted by the Council of the Gity of Alameda on Seetember 1.5th, 1936, City 6irkof the--CYty of Alameda. gegn