Resolution 07921375
CITY OF ALAMEDA RESOLUTION NO. 7921
FINDING AND DETERMINING A CERTAIN PORTION OF HARRISON AVENUE,
A PUBLIC STREET IN THE CITY OF ALAMEDA, IS UNNECESSARY FOR
PRESENT OR PROSPECTIVE PUBLIC STREET PURPOSES; ORDERING
VACATION THEREOF SUBJECT TO RESERVATION OF PERMANENT EASEMENT
AND RIGHT-OF-WAY THEREIN AS DESCRIBED IN RESOLUTION OF
INTENTION NO. 7911 HERETOFORE ADOPTED ON APRIL 18, 1972; AND
DIRECTING CITY CLERK TO CAUSE CERTIFIED COPY OF THIS RESOLUTION
TO BE RECORDED
WHEREAS, the Council of the City of Alameda did, on the 18th day of April, 1972, adopt its
Resolution of Intention No. 7911 declaring its intention to order the vacation of an unused portion of
a public street, being a portion of Harrison Avenue lying at the northerly end of Broadway, situated
in the City of Alameda, County of Alameda, State of California, and more particularly described as
follows;
All that portion of the northerly terminus of Broadway as excepted by the
City of Alameda, in the abandonment of Harrison Avenue, and more particularly
described es follows:
All that portion of Broadway lying between the prolongation northeasterly
of the southeastern and northwestern lines of Broadway as described in the deed from
Loop Lumber and Mill Company to the City of Alameda, recorded June 18, 1948, in
Book 5228 of Official Records of Alameda County, page 116, lying northeasterly of
the extension of the center line of Harrison Avenue, formerly Washington Avenue,
as abandoned April 6, 1920, by Resolution No. 292, City of Alameda,
subject, however, to the reservation in the City of Alameda, pursuant to the provisions of Sections
8330 and 8331 of the Streets and Highways Code of California, of the permanent easement and right-of-
way at any time, or from time to time, to construct, operate, maintain, replace, renew and repair all
public utilities including, but not limited to, storm sewer pipe lines and outfalls and facilities
for transmission of water and electricity, over and across and under the above described parcel of land,
whole and entire. Said easement shall vest the control of all improvements thereon with the City
Engineer of the City of Alameda, and it shall be necessary for the owners of the land through which the
easement exists to procure from the office of the City Engineer a permit or permits for any and all
improvements to be constructed on the surface of the ground; and
WHEREAS, particulars of the proposed vacation are shown on that certain map entitled,
"Abandonment of Northerly Terminus of Broadway," prepared by the City Engineer, dated April, 1972,
denominated Drawing 6705, Case 52 in his records, and on file in the office of the City Clerk; and
WHEREAS, the City Clerk of the City of Alameda caused said Resolution of Intention to be
duly published and notice thereof and of the time and place of hearing thereon was duly posted in
accordance with the requirements of Part 3 of Division 9, of the Streets and Highways Code of California;
and
WHEREAS, proof of said publication is evidenced by an affidavit of publication now on file
in the office of the City Clerk of said City; and
WHEREAS, proof of said posting of such notices is evidenced by the affidavit of the person
posting said notices, and is now on file in the office of the City Clerk of said City; and
WHEREAS, the matter of said proposed vacation came on regularly for hearing before the
Council of the City of Alameda at this, its regular meeting, on the 16th day of May, 1972, and at the
time and place fixed in said Resolution of Intention, and at such hearing the said Council heard the
evidence offered by all persons interested in said street vacation; and a full hearing thereon having
been had and the matter submitted for determination;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ALAMEDA that said Council
hereby finds and deterrines, from all the evidence submitted, that the certain portion of said Harrison
Avenue in said Resolution of Intention and hereinbefore more particularly described is unnecessary for
present and prospective public street purposes and that public interest requires the vacation of said
street.
BE IT FURTHER RESOLVED that the street in said Resolution of Intention and hereinbefore
more particularly described be, and the same is hereby vacated, subject, however, to the reservation
in the City of Alameda of the easement and right-of-way, and control of all improvements thereon, as
hereinabove set forth.
BE IT FURTHER RESOLVED that the City Clerk is hereby dircctcd to have a certified copy of
this Resolution recorded in the office of the Recorder of Alameda County, California.
* * * * * * * * * *
T76
I, the undersigred, 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
16th day of May, 1972, by the following vote, to wit:
AYES: Councilmen Fore, Levy, Longaker, McCall and President La Croix, Jr., (5).
NOES: None.
ABSENT: None.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of said
City this 17th day of May, 1972.
(SEAL) IRMA L. NELSON
City Clerk of the City of Alameda
* * * * * * * * * *
I hereby certify that the foregoing is a full, true and correct copy of "City of Alameda
Resolution No. 7921, FINDING AND DETERMINING A CERTAIN PORTION OF HARRISON AVENUE, A PUBLIC STREET
IN THE CITY OF ALAMEDA, IS UNNECESSARY FOR PRESENT OR PROSPECTIVE PUBLIC STREET PURPOSES; ORDERING
VACATION 'THEREOF SUBJECT TO RESERVATION OF PERMANENT EASEMENT AND RIGHT-OF-WAY THEREIN AS DESCRIBED
IN RESOLUTION OF INTENTION NO. 7911 HERETOFORE ADOPTED ON APRIL 18, 1972; AND DIRECTING CITY CLERK
TO CAUSE CERTIFIED COPY OF THIS RESOLUTION TO BE RECORDED," introduced and adopted by the Council
of the City of Alameda on the 16th day of May, 1972.
City Clerk of the City of Alameda