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Resolution 03249RESOLUTION NO. 3249 CANCELLING CITY TAXES ON PROPERTY OF OF AMERICA. TED STATES WHEREAS, certain real property situate in the City of Alameda, County of Alameda, State of California, and more particularly described as follows: AREA "A" All that certain real property situate in the City of Alameda, County of Alameda, State of California, and being a portion of Tract 32, as said tract is delineated and so designated on that certain map entitled 90ap of Alameda Marsh Lands, as partitioned among the owners thereof in the suit numbered 8923 and entitled Pacific Improvement Company, plaintiff, vs. James A. Waymire, et al, defendants, Superior Court of Alameda County, State of Cali- fornia," filed July 30, 1900 in Book 25 of Maps at pages 74 to 78 thereof, records of said Alameda County, particularly described as follows: COMENCING at a granite monument set at the point of inter- section of the line segregating the high and dry land from the marsh land, which segregation line is the southerly boundary of the lands partitioned and delineated on said Map of Alameda Marsh Lands, with the center line of the main line tracks of the Sou- thern Pacific Company; running thence from said point of commence- ment along said segregation line, North 84* 191 00" West a dis- tance of 44.40 feet to the point of intersection thereof with the southwesterly line of the 100-foot right of way of the Southern Pacific Company; thence along the said right of way line, North 5* 561 00" East a distance of 178.47 feet to the true point of beginning of the parcel herein described; RUNNING THENCE from said true point of beginning along the line parallel to said segregation line, North 84* 19/ 00" West a distance of 416.10 feet to the point of intersection. thereof with the easterly line of Webster Street, as said Webster Street was widened by deed from the Regents of the University of California to the City of Alameda by deed dated May 31, 1928, and recorded June 5, 1928, in Book 1867 of Official Records at page 266 thereof, Official Records of Taid County; thence along said line of Webster Street, North 1* 39 00" East a distance of 374.50 feet; thence continuing along said line of Webster Street, North 0* 50/ 00" West a dis- tance of 221.88 feet; thence, leaving said line of Webster Street, North 89* 10 001. East a distance of 339.76 feet to a point in said southwesterly line of the right of way of the Southern Paoific Company; thence along said right of way line, South 5* 56' 00" East a distance of 645.81 feet, more or less, to said true point of beginning; containing 231,065 square feet (5.304 acres). AREA "B" All that certain real property situate in the City of Alameda, County of Alameda, State of California, particularly described as foliows: BEGINNING at a point in the northerly line of Buena Vista Avenue, distant thereon, South 88* 371 00" East 101.00 feet from the easterly line of Webster Street, said point of beginning being in the easterly line of Lot 1, Block F, as said lot and block are delineated and so designated on that certain map entitled "Shepardson Property, Mastick Station, Alameda," and filed September 11, 1878, in Book 2 of Maps et page 47 thereof, records of said County, and being distant along said easterly line of Lot 1, North 1* 39, 00" East 5.00 feet from the southeasterly corner of said Lot 1; RUNNING THENCE from said point of beginning along said easterly line of Lot 1 and continuing along the easterly line of Lots 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 and 12 of said Block F and continuing along the direct extension thereof and along the easterly line of Lots 1, 2, 3, 4, 5 and 6 of Block E, as said lots and block are delineated and so designated on said map, North 1* 391 00" East a distance of 505.00 feet; thence, leaving said easterly line of Lot 6, South 88* 21' 00" East a distance of 100.00 feet; thence North 1* 391 00" East a distance of 187.21 feet to a point in the line segregating the high and dry land from the marsh land, which segregation line is the southerly boundary of the lands partitioned and delineated on that certain map entitled "Map of Alameda Marsh Lands, as partitioned among the owners thereof in the suit numbered 8923 and entitled 156 Pacific Improvement Company, plaintiff, vs. James A. Waymire, et al, defendants, Superior Court of Alameda County, State of California," filed July 30, 1900, in Book 25 of Maps at pages 74 to 78 thereof, records of said Alameda County; thence along said segregation line, South 84* 191 00" East a distance of 268.75 feet to the point of intersection thereof with the south- westerly line of the right of way of the Southern Pacific Com- pany; thence along said southwesterly right of way line, South 5* 560 00" East a distance of 528.40 feet to the point of inter- section thereof with a line parallel to and perpendicularly dis- tant 147.50 feet northerly from said northerly line of Buena Vista Avenue; thence along said line parallel to Buena Vista Avenue, North 88* 37'0O" West a distance of 146.44 feet; thence South 1* 39t 00" West a distance of 147.50 feet to a point in said northerly line of Buena Vista Avenue; thence along said line of Buena Vista Avenue, North 88* 371 00" West a distance of 291.36 feet more or less, to said point of beginning; con- taining 240,17 square feet, (5.5137 acres). AREA "C" All that certain real property situate in the City of Alameda, County of Alameda, State of California, and including a portion of Block "I" and a portion of St. Charles Street, as said block and street are delineated and so designated on that certain map entitled, "Map of 144 Lots in Page Tract," and filed February 25, 1874, in Book 6 of Maps at page 7 thereof, Records of said County; also in- cluding a portion of Block "PI, as said block is delineated and so designated on that certain map entitled, "Map of Property Belonging to Columbus Bartlett near Mastick Station," and filed November 12, 1877 in Book 2 of Maps at page 25 thereof; also including portions of Blocks 7 and 8, and a portion of Chapin Street, as said blocks and street are delineated and so designated on that certain map entitled, "Map of Chapin Tract," as filed May 12, 1877, in Book 2 of Maps at page 33 thereof, Records of said County; also including all of Tract 25 and portions of Tracts 24, 26 and 30 as delineated and so designated on that certain map entitled, "Map of Alameda Marsh Lands, as partitioned among the owners thereof in the suit numbered 8923 and entitled Pacific Improvement Company, plaintiff, vs. James A. Waymire, et al, defendants, Superior Court of Alameda County, State of California," and filed July 30, 1900, in Book 25 of Maps at pages 74 to 78 thereof, records of said Alameda County; and also including an unsubdivided portion of "Plot of Encinal San Antonio," as delineated on that certain map filed August 1, 1853, in Book "A" of Deeds at page 152 thereof, Records of said County; said real property being particularly described as follows: BEGINNING at the southeasterly corner of said Block "I" of the Page Tract, which point of beginning is also the point of intersec- tion of the northerly line of Eagle Avenue with the westerly line of Bay Street as delineated on said Map of the Page Tract; RUNNING THENCE from said point of beginning along said northerly line of Eagle Avenue, North 86* 52' West a distance of 331.58 feet to the point of intersection thereof with the easterly line of said St. Charles Street; thence along said easterly line of St. Charles Street, North 3* 08' East a distance of 100.00 feet; thence paral- lel with the northerly line of Eagle Avenue, as delineated on said Map of Property Belonging to Columbus Bartlett, North 86* 52' West a distance of 604.94 feet, to a point in the easterly line of said Chapin Street; thence North 86* 081 West a distance of 68.34 feet to the northeasterly corner of Lot 14 in said Block 8 of the Chapin Tract; thence along the northerly line of said Lot 14 and continu- ing along the northerly line of Lots 13, 12, 11, 10, 9, 8, 7, 6, 5, 4, 3, 2 and 1 of said Block 8, North 88* 021 West a distance of 350.00 feet to the northwesterly corner of said Lot 1 of Block 8, which corner is also in the easterly line of Wood Street as delineated on said Map of Chapin Tract; thence along said easterly line of Wood. Street and continuing along the direct production northerly thereof, North 1* 581 East a distance of 226.30 feet; thence leaving said direct production of the easterly line of Wood Street, South 86* 521 East a distance of 830.26 feet; thence South 66* 521 East a dis- tance of 137.42 feet; thence South 86* 52? East a distance of 280.00 feet; thence South 3* 081 West a distance of 140.00 feet; thence South 86* 52' East a distance of 120.00 feet to a point in said westerly line of Bay Street; thence along said westerly line of Bay Street, South 3* C81 West a distance of 133.00 feet, more or less, to said point of beginning; containing 294,012 square feet, (6.750 acres), has been assessed heretofore by the City of Alameda for the fiscal year 1945-1946 and the general municipal and special assessment taxes levied thereon are uncol- lected and unpaid; and WHEREAS, prior to 12 o'clock Noon, on the first Monday in March, 1945, the day and hour when such taxes and assessments became a lien against said real property, possession of said property had vested in the United States of America by reason of an order for possession made on or about December 15, 1944, in the condemnation proceeding in the District Court of the United States, in and for the Northern District of California, Southern Division, No. 24.109-R, entitled, ',United States of America, Plaintiff, vs. Certain Areas of land situate in the City of Alameda, county of Alameda, State of California, The Regents of the University of California, et al, Defendants"; that on April 3, 1245, a Declara- tion of Taking and a judgment thereon was filed in said proceeding, vesting title to said property in the United States of America; that ever since said date said real property, and each and every part thereof, has been, and now is, owned by the United States of America, and because of such public ownership is not subject to sale for delinquent taxes; NOW THEREFORE, BE IT RESOLVED AND ORDERED BY THE COUNCIL OF THE CITY OF ALAMEDA, with the written approval of the City Attorney of said City, that all uncollected City of Alameda taxes or assessments, and penalties and costs thereon, including special assessments levied under the provisions of the "Acquisition and Improvement Act of 1925", for the fiscal year 1945-1946, now a lien upon the above described real property, be, and the same are hereby, cancelled, and the Auditor and Tax Collector of the City of Alameda are hereby ordered and directed to cancel said taxes, assessments, penalties and costs on their respective books. BE IT FURTHER RESOLVED, anything in this resolution to the contrary not- withstanding, that this resolution and order shall not be construed as cancelling, or authorizing the cancellation of, any taxes or assessments or penalties or costs thereon charged or levied on any possessory interest in or to said real property, or any other special assessment levied on said real property. CONSENT OF THE CITY ATTORNEY OF THE CITY OF ALAMEDA, STATE OF CALIFORNIA The City Attorney of the City of Alameda, State of California, hereby consents to the cancellation of all uncollected City of Alameda taxes or assess- ments and penalties or costs thereon charged and levied and now a lien upon that certain real property hereinabove described. Dated: November 21, 1945. STANLEY D. WHITNEY (Signed) City Attorney for the City of Alameda, State of California * * * * * * * * * 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 regular meeting assembled on the 20th day of November, 1945, by the following vote, to wit: AYES: Councilmen Howe, Jones, Osborn, Sweeney and President Branscheid, (5). NOES: None. ABSENT: None. IN WITNESS WFEREOF, I have hereunto set my hand and affixed the official seal of said City this 21st day of November, 1945. (SEAL) J. P. CLARK City Clerk of the City of Alameda * * * * * * * * * 1 hereby certify that the foregoing is a full, true and correct copy of "Resolution No. 3249, CANCELLING CITY TAXES ON PROPERTY OF T}S UNITED STATES OF AMERICA," introduced and adopted by the Council on the 20th day of November, 1945. City/C1 rk of-the City of Alameda