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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