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Resolution 02331RESOLUTION NO. 2331 SUBMITTING TO TEE ELECTORS OF THE CITY OF ALAMEDA AN ORDINANCE ENTITLED:" AN ORDINANCE GRANTING AND CONVEYING TO THE UNITED STATES OF AMRICA, FOR PUBLIC PURPOSES, AND FOR A NOMINAL CONSIDERATION OF ONE DOLLAR, ALL THE RIGHT, TITLE AND INTEREST OF THE CITY OF ALAMEDA IN AND TO CERTAIN TIDE AND SUBMERGED LANDS SITUATED ON GOVERNMEN7 ISLAND IN BROOKLYN BASIN, SOMETIMES KNOUT AND DESIGNATED AS THE ESTUARY OF SAN ANTONIO; SAVING AND RESERVING TO SAID CITY CERTAIN EASEMENTS AND RIGHTS OF WAY THEREIN AND AUTHORIZING THE EXECUTION OF A DEED OF GRANT CONVEYING :SAID LANDS", TO BE VOTED UPON AT THE GENERAL MUNICIPAL ELECTION TO RE HELD IN SAID CITY CN TUESDAY, MARCH 14, 1939; AND PRESCRIB- ING THE STATEMENT OF THE PROPOSITION FOR THE ADOPTION OF SAID ORDINANCE AS INC SAME SHALL APPEAR ON THE BALLOT WHEREAS, pursuant to the provisions of Article XIX of the Charter of the City of Alameda and of Resolution No. 2328, heretofore adopted by this Council, a General Municipal Election is called and ordered to be held in the City of Alameda, State of California, on Tuesday, March 14, 1939, and WHEREAS, the United States of America, through the Secretary of Agriculture, has requested the City of Alameda to convey to the United States of America certain tide and submerged lands cn Government Island in Brooklyn Basin, sometimes known and designated as the Estuary of San Antonio; now, therefore, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ALAMEDA that the said Council, on its own motion and without a petition therefor, submit, and there is hereby sub- mitted, to the electors of said City at said General Municipal Election, an ordinance which shall be in words and figures as follows, to-wit: "ORDINANCE NO. 681 New Series AN ORDINANCE GRANTING AND CONVEYING TO THE UNITED STATES OF AMERICA, FOR PUBLIC PURPOSES, AND FOR A NOMINAL CONSIDERATION OF ONE DOLLAR, ALL THE RIGHT, TITLE AND INTEREST OF INC CITY OF ALAMEDA IN AND TO CERTAIN TIDE AND SUBMERGED LANDS SITUATED ON GOVERN- MENT ISLAND IN BROOKLYN BASIN, SOMETIMES KNOWN AND DESIGNATED AS 122 ESTUARY OF SAN ANTONIO; SAVING AND RESERVING TO SAID CITY CERTAIN EASEMENTS MID RIGHTS OF TAY THEREIN; AND AUTHORIZING THE EXECUTION OF A DEED OF GRANT CONVEYING SAID LANDS WHEREAS, the City of Alameda, under the rovisions of an Act of the Legislature of the State of California approved May 24, 1917, (Ch. 594 Stets. 1917, p. 907) entitled: "An act to amend section one and to repeal section two of an act entitled TAn act granting to the City of Alameda the salt marsh, tide and submerged lands of the State of California, including the right to wharf out therefrom to the City of Alameda, and regulating the management, use and control thereof,' approved June 11, 1913," did acquire all the right, title and interest of the State of California, held by said state by virtue of its sovereignty, in and to all the salt marsh, tide and submerged lands, whether filled or unfilled within the present boundaries of said City; and CSIEREAS, it is provided in said act, among other things, that said City of Alameda :may grant, give, convey and alien such lands, or any portion thereof, forever to the United States for public purposes; now, therefore, THE PEOPLE OF THE CITY OF ALAMEDA DO ORDAIN as follows: Section 1. The City of Alameda shall grant and convey to the United States of America, for a nominal consideration of One Dollar, all of said City's right, title and interest in and to those certain tide and submerged lands situated in the City of Alameda, County of Alameda, State of California, more particularly described as folio s: CONNENCING at a point on the center line of Dennison Street produced Southwesterly, said point being distant thereon South 82° 07' West 1703.55 feet from the point of intersection of the center line of Dennison Street with the center line of King Street in the City of Oakland; thence North 85° 58' West a distance of 283.01 feet to a point which is the Southeast corner of the U.S. Government 15-acre tract; thence North 54° 21' 28" West a distance of 1847.36 feet to the true POINT OF BEGINNING: thence North 35° 38° 32* East a distance of 1159.63 feet to a point; thence South 77° 55' 40" East a distance of 163.15 feet to a point; thence South 520 45' 10" East a distance of 279.64 feet to a point; thence South 38° 04' 20" East a distance of 761.35 feet to a point; thence South 57° 21' 40" East a distance of 275.52 feet to a point; thence South 50 14' East a distance of 927.94 feet to a point; thence South 20°11' West a distance of 166.75 feet to a point; thence South 60 53' East a distance of 193.60 feet to e point; thence South 550 53' 10" West a distance of 86.15 feet to a point; thence North 54° 21' 28" West a distance of 2106.32feet to e point; thence North 330 12' 30* West 106.87 feet to a point; thenoe North 350 38' 32" East 21.44 feet, more or less, to the point of beginning; being lands situated on Government Island in Brooklyn Basin, sometic_es known and designated as the Estuary of San Antonio, but excepting therefrom that certain fifteen-acre tract heretofore conveyed by the City of Alameda to the United. States of America by deed dated November 20, 1930 and recorded in the office of the County Recorder of said County in Liber 2643 of Official Records at page 296, and SAVING, EXCEPTING AND RESERVING to the City of Alameda an easement and right of way to construct, reconstruct, repair and maintain underground conduits and manholes and appurtenances thereof, and in and through said conduits to oarry, conduct and use wires and cables of all kinds, for conveying and supplying electric current of all kinds and for all purposes, under, along or across the following described strip of land, to-alt: CONNENCING at the true point of beginning of the parcel of land first hereinbefore described and running thence South 54° 21' 28" East along the Southwesterly boundary line of the aforementioned United States Government fifteen-acre tract and the Northerly extension thereof, 866.36 feet; thence Southwesterly at a right angle to the line last aforementioned 60 feet, more or less, to the Southwesterly line of the paroel of land first herein described; thence along said last mentioned line North 54° 21' 28" West 10 feet; thence at a right angle Northeasterly 50 feet; thence Northwesterly at a right angle and parallel to the aforesaid Southwesterly line of said fifteee-acre tract 856.36 feet, more or less, to a point, which point bears South 35° 38' 32" West from the point of commencement; thence North 350 38' 32" East 10 feet to the point of commencement, together with the right of egressand ingress for such purposes. TO HAVE MD TO HOLD all and singular the said lands, together with the appurtenances and privileges thereto appertaining, unto said United States of America for public purposes forever, subject, however, to all rights and interests of third parties in said lands under t70 certain decrees duly made and rendered in the Superior Court of the State of California in and for the County of Alameda, dated June 5, 1931, and June 9, 1931, respectively, and recorded in the office of the County Recorder of said Alameda County in Liber 2633 of Official Records, at pages 143 and 146, respectively, and subject to any and all other easements, rights or interests of third parties in or to said lands as may be evidenced by any instrument recorded prior to the conveyance herein authorized. Section 2. The Mayor of the City of Alameda is hereby authorized and directed to execute, and the City Clerk to attest, as the act and deed of the City of Alameda, a good and sufficient deed of grant, granting and conveying to the United States of America the aforesaid lands upon the terms hereinbefore specified, and to deliver said deed upon payment to the City of Alameda of the nominal consideration of One Dollar.. BE IT FURTHER RESOLVED that the statement of the proposition for the adoption of the aforesaid ordinance, as the same shall appear and be printed on the ballot to be used at said General Municipal Election, be and the same is hereby, prescribed to read substantially as follows: PROPOSITION NO. 1 SHALL THE ORDINANCE No. 691, New Series; entitled and being: "An ordinance granting and conveying to the United States of America; for public purposes, and for a nominal consideration of One Dollar, all the right, title and inter- est of the City of Alameda in and to certain tide and submerged lands situated on Gov- ernment Island in Brooklyn Basin, sometimes known and designated as the Estuary of San Antonio; saving and reserving to said City certain easements and rights of way therein; and authorizing the execution of a deed of grant conveying said lands", BE ADOPTED9 ee *If tt eepeee e ,YES •........ e 6 0. 0 • NO 6 • * * * * * * * * * 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 14th day of February, 1939, by the following vote, to wit: AYES: Councilmen Carrington, Godfrey, Maurer and President geichhart, (4). NOES: Councilman Morris, (1). APOENT: None. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 15th day of February, 1939. D. ELITR DYER City Clerk of the City of Alameda. * * * * * * * * * * I hereby certify that the foregoing is a full, true and correct copy of "Resolution No. 2331, SUBMITTING TO THE ELECTORS OF THE CITY OF ALAMEDA AN ORDINANCE ENTITLED: 'AN ORDINANCE GRAATING AND CONVEYING TO THE UNITED STATES OE A1TRICA, FOR PUBLIC PURPOSES,. AND FOP A NOMINAL CONSIDERATION OF ONE DOLLAR, ALL THE RIGHT, TITLE AND INTEREST OF THE CITY OF ALAMEDA IN AND TO CERTAIN TIDE AND SUBMERGED LANDS SITUATED ON GOVERNMENT ISLAND IN BROOKLYN BAsza, SOMETIMES KNOWN AND DESIGNATED AS THE ESTUARY OF SAN ANTONIO; SAVING AND RESERVING TO SAID CITY CERTAIN EASEMENTS AND RIGHTS OF WAY THEREIN AND AUTHORIZING THE EXECUTION OF A DEED OF GRANT CONVEYING SAID LANDS", TO BE VOTED UPON AT THE GENERAL MUNICIPAL ELECTION TO BF HELD IN SAID CITY ON fUEEDAY, MARCH 14, 1939; AND PRESCRIBING THE STATEMENT OF TEE PROPOSITION FOR THE ADOPTION OF SAID ORDINANCE AS THE SANE SHALL APPEAR ON TEE BALLOT", introduced and adopted by the Council on the 14th day of February, 1939. City Clerk of—the City of Alameda.