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Resolution 09263CITY OF ALAMEDA RESOLUTION NO, 9263 RESOLUTION OF NECESSITY AUTHORIZING THE ACQUISITION OF CERTATN PROPERTY FOR TEE EXTENSION OF FERNSIDE BOULEVARD AND FINDING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE PROPOSED PROJECT, THAT THE LOCATION THEREOF CAUSES THE LEAST PRIVATE INJURY, THAT THE SUBJECT PROPERTY IS NECESSARY FOR THE PROPOSED PROJECT AND THAT AREAS DESIGNATED AS "EXCESS" ARE REMNANT PARCELS WHEREAS, the People have recommended to the City Council that certain parcels described in Exhibit A (attached hereto and incorporated herein by this reference) be acquired by the City of Alameda for public use by this exercise of the power of eminent domain; WHEREAS, pursuant to Chapter 4, Title 7, Part 3 of the Code of Civil Procedure notice of intent to adopt this resolution of necessity for condemnation was sent to the owners of property shown on Exhibit A; from WHEREAS, written requests to appear have been received (1) Aeolian Yacht Club (2) Alameda Unified School District (3) Betty Bank (4) Vee Chard (5) Thomas P. Wood; WHEREAS, due consideration of all oral and documentary evidence introduced has been given and official notice of the plans, specifications, reports, negative declaration heretofore prepared or adopted has been taken; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ALAMEDA does FIND and RESOLVE as follows: (a) The subject property is taken for public use as public right-of-way for street, highway and other purposes and pursuant to the authority granted in Streets and Highways Code Sec. 4090, Government Code Sec. 40404, Title 7, Part 3 of the Code of Civil Procedure, Article XI, Sec. 5 of the Cali- fornia Constitution and the Charter of the City of Alameda; (b) The properties taken pursuant to this exercise of the power of eminent domain are generally described as Parcels A through H. The estate to be taken is a fee simple. (c) The public interest and necessity require the proposed project. (d) The proposed project is planned and located in the manner that will be most compatible with the greatest public good and the least private injury. (e) The properties described herein are necessary for the proposed project. (f) Portions of the property described in Exhibit A are remnant, parcels of such size, shape or condition as to be of little market value. Acquisition of such remnants is undertaken pursuant to Section 1240,410 of the Code of Civil Procedure. (g) Portions of the property described in Exhibit A will be used for the protection or preservation of the attractiveness, safety and usefulness of the project. (h) Portions of the property described in Exhibit A will be used for substitute property pursuant to Section 1240.320 of the Code of Civl Procedure and said property is necessary for the purpose specified therein, The City Attorney is hereby authorized and directed to take any and all actions necessary on behalf of the City, of Alameda to acquire said property by eminent domain proceedings or otherwise Said City Attorney is hereby authorized to retain legal assistance in all matters in connection with the acquisition of said property. The Negative Declaration approved for the project has been reviewed and considered -by the City Council. PARCEL A That parcel of land in the City of Alameda County of Alameda, State of California, described as follows: Beginning at the intersection of the northwestern line of market Street with the southwestern line of Calhoun Street, as said streets are shown on the map; of "Alameda surveyed and drawn by J. T. Stratton 1853 ", filed July 2 /4, 1879, Man Book 6 OR, nage A.., Alameda County Records; thence along said, line of Market Street, southwesterly 195 feet to the northeastern line of the land des crihed in the deed to the State of California, dated June 18, 1950, recorded July 13, 1951, Book 6486 OR, page 565, Alameda County Records, Instrument No AF/59437; thence along said northeastern line southeasterly to a line drawn parallel with said line of Market Street and distant southeasterly 20 feet at right angles therefrom; thence along said line so drawn, northeasterly to said line from Calhoun Street; thence along the last line mentioned, northwesterly 20 feet to the point of beginning. PARCEL A A- 857451 Page 1 of 13 PARCEL B That parcel of land in the City of Alameda, County of Alameda, State of California, described as follows: Beginning at the point of intersection of the southwestern line of Calhoun Street with the northwestern "line of Market Street, as said streets are shown on the Map of Alameda filed July 24 1879, in Map Book 6, page 1, Alameda County Records; thence along said line of Market Street south 42° 17' 57" west 194.98 feet to the northeastern line of the parcel of land described in the deed to the State of California recorded July 13 1951 in Book 6486 OR, page 565, Series No AF,i59437; thence south 45 °;28' 39" east 18.29 feet; thence on the arc of a tangent curve to the right with a radius of 250 feet, 42.09 feet to the southeastern line of Market Street; thence along the last named line north 420,17' 57" east 23.08 feet to the center line of Calhoun Street; thence along said center line'north 47° 39' 32" west 60 feet to the northwestern line of Market Street thence south 42° 17' 57" west 30 feet to the point, of beginning. The bearings and distances in the above description are based on the California Coordinate System, Zone 3 Excepting therefrom the following described portion thereof: Beginning at the intersection of the northwestern line of Market Street with the southwestern line of Calhoun Street, as said streets are shown on the map of "Alameda surveyed and drawn by J. T. Stratton 1853 ", filed July 24, 1879 in Book 6 of Maps, page 1, Alameda County Records, thence along said line of Market Street, southwesterly 195 feet to the northeastern line of the land described in the deed to the State of California, dated June 18, 1950, recorded July 13, 1951, in Book 6486 OR, page 565, Instrument No. AF/59437; thence along said northeastern line southeasterly to a line drawn parallel with said line of Market Street and distant southeasterly 20 feet at right angles therefrom; thence along said line so drawn, northeasterly to said line of Calhoun Street; thence along the last line mentioned, north - westerly 20 feet to the point of beginning. PARCEL B A- 857452 Page 2 of 13 PARCEL C Those parcels of and in the City of Alameda, County of Alameda, State of California, described as follows: PARCEL 1: Beginning at the point of intersection of the northeastern line of Calhoun Street with the northwestern line of Market Street, as said streets are shown on the map of Alameda, filed July 24, 1879, in Map Book 6, page 1, Alameda County Records, thence northeasterly along said line of Market Street 100 feet to the northeastern line of Lot 3, in Block 26, as shown on said "Man of Alameda ", thence south - easterly along the direct production of the northeastern line of said Lot 3, a distance of 30 feet to the center line•of Market Street; thence southwesterly along said center line 130 feet to the center line of Calhoun Street; along the last named line 30 feet to the northwestern line of Market Street; thence northeasterly along the last said line 30 feet to the point of beginning. PARCEL 2: Beginning at the point'of intersection of the center line of Calhoun Street with the center line of Market Street, as said streets are shown, on the Map of Alameda, filed, July 221, 1879, is Map Book 6, page 1, Alameda County Records thence northeasterly along the center line of said Market Street 130 feet until intersected by the direct production southeasterly of Lot 3, in Block 26, as shown on said "Map of Alameda ", thence southeasterly along the direct production of said Lot 3, a distance of 30 feet to the southeastern line of said Market Street; thence southwesterly along the last named line 130 feet to the center line of said Calhoun Street thence northeasterly along the center line of Calhoun Street 30 feet to the point of beginning. PARCEL C A- 857453 Page 3 of 13 PARCEL D That parcel of land in the City of Alameda, County of Alameda, State of California, described as follows: Beginning at the intersection of the southeastern line of Market Street with the center line of Clay Street; thence northeasterly along said line of Market Street and the direct projection north- easterly thereof, to the intersection thereof with a direct pro- jection southeasterly of the center line of Calhoun Street, thence at right angles southeasterly to the boundary line between lots 3 and 41 in Section 19, Township 2, south, range 3 west, Mount Diablo Base and Meridian, as said lots are shown on Map No 2 of Salt Marsh and Tidelands situate in the County of Alameda, State of California, on file in the office of the Board of State Tideland Commissioners, and certified copies thereof being filed in the office of the Surveyor General of the State of California, and also in the office of the Recorder of the City and County of San Francisco; thence southerly along said boundary line to the inter - section thereof with the southern boundary line of said lot L1 in said Section 19; thence westerly along the southern line of said lot 44 in the intersection thereof with a line drawn southeasterly from the point of beginning at right angles to the southeastern Tine of Market Street; and thence northwesterly along said line so drawn to the point of beginning, 'Excepting therefrom that portion thereof described in the deed to the State of California, recorded June 28, 1951 under Recorder's Series No. AF/54759• PARCEL D A- 857454 Page 4 of 13 PARCEL E Those parcels of land in the City of Alameda, County of Alameda, State of California, described as follows: PARCEL 1: All that portion of Lot 29, Section 18, Township 2 South, Range 3 West, Map No 2 of Salt Marsh and Tide Lands, situated in the County of Alameda, State of 'California, filed in the office of the Board of State Tide Land Commissioners, `lying - northeasterly of the direct extension southeasterly of the center line of Calhoun Street, northwest of the direct ,extension southwesterly of the northwestern line of Leandro Ltreet and southwesterly of the direct extension southeasterly of the southwestern line of Washington Street. Excepting therefrom the following described portions thereof: (a) Commencing at a point on the northeastern line of Washington Street, distant thereon southeasterly 220 feet from the center line of Market Street, Map of Alameda, filed July 24, 1879, Map Book 6, page 1, Alameda County Records; thence parallel to said center line of Market Street, northeasterly 100 feet; thence parallel with said line of Washington Street, southeasterly 45 feet; thence parallel with said center line of Market Street southwesterly 160 feet to the actual point of beginning; thence parallel with said center line of Market Street, southwesterly 100 feet; thence parallel with said line of Washington Street, northwesterly 45 feet; thence parallel with said center line of Market Street, northeasterly 100 feet to the southwestern line of Washington Street; and thence along the last named line and along the direct extension thereof southeasterly 45 feet to the actual point of beginning. (b) Commencing at a point on the southwestern line of Washington Street, distant thereon southeasterly 132 feet from the center line of Market Street, Map of Alameda, filed July 24, 1879, Map Book 6, page 1, Alameda County Records; thence southwesterly . parallel with said line of Market Street 200 feet to the north- eastern line of Fillmore Street; thence southeasterly along the last named line and the direct extension southeasterly thereof 88 feet, thence northeasterly parallel with said line of Market Street 200 feet to said line of Washington Street; thence along the last named line northwesterly 88 feet to the point of begin- ning. PARCEL E A- 857455 (continued) Page 5 of . 13 -2- (c) Beginning at the point of intersection of the southeastern line of Market Street with the southwestern line of Fillmore Street, Map of Alameda, filed July 24, 1879, Map Book 6, page 1, Alameda County Records; thence southeasterly along said line of Fillmore Street and its direct extension southeasterly 100 feet; thence southwesterly parallel with said line of Market Street 200 feet until intersected by the direct production southeasterly of the northeastern line of Calhoun Street, as shown on said Map; thence northwesterly along said line of Calhoun Street so produced 100 feet to said line of Market Street, thence along the last named line northeasterly 200 feet to the point of beginning. PARCEL 2: Portion of Block 33, Map of Alameda, etc., filed July 24, 1879, Map Book 6, page 1, Alameda County Records, and a portion of Lot 29, Section 18, Township 2 South, Range 3 West, Mount Diablo Base and Meridian, Map No. 2 of Salt Marsh and Tide Lands situated in the County of Alameda, State of California, an file in the office of the Department of Finances State Lands Commission, formerly the office of the Surveyor General of the State of California, described as follows: Beginning at, a point on the direct production southeasterly of the northeastern line of Fillmore, formerly Webster, Street, distant thereon southeasterly 176 feet from the .intersection thereof with the center line of Market Street (now abandoned), as said Streets are shown on said first above mentioned map, thence along said extended line of Fillmore Street southeasterly 44 feet, thence parallel with said line of Market Street north- easterly 100 feet, thence parallel with said extended lino of Fillmore Street northwesterly 44 feet, and thence Parallel with said line of Market Street southwesterly 100 feel to the point of beginning. PARCEL 3: Portion of Block 25, Map of Alameda, etc., filed July 24, 1879, Map Book 6, page 1, Alameda County Records, and a portion of Lot 29, Section 18, Township 2 South, Range 3 West, Mount Diablo Base and Meridian, Map No. 2 of Salt Marsh and Tide Lands situated in the County of Alameda, State of California, on file in the (continued) Page 6 of 13 office of the Department of Finance, State Lands Commission, formerly the office of the Surveyor General of the State of California, described as follows: Beginning at the point of intersection of the southwestern line of Fillmore Street, formerly Webster Street, with the southeastern line of Market Street, as said Streets are shown on the filed map firstly hereinabove referred to; thence along said line of Market Street, southwesterly 40 feet; thence southeasterly parallel with said line of Fillmore Street and the direct extension southeasterly thereof 100 feet; thence northeasterly parallel with said line of Market Street 40 feet to the direct extension southeasterly of said line of Fillmore Street; thence northwesterly along the last mentioned line and along said line of Fillmore Street 100 feet to the point of beginning. Excepting therefrom the northwesterly 40 feet thereof. PARCEL 4: Portion of Block 25, Map of Alameda, etc., filed July 24,, 1879, Map Book 6, page 1, Alameda County Records, and a portion of Lot 29, Section 18, Township 2 South, Range 3 West, Mount Diablo Base and Meridian, Map No ® 2 of Salt Marsh and Tide Lands situated in the County of Alameda, State of California, on file in the office of the Department of Finance, State Lands Commission, formerly the office of the Surveyor General of the State of California, described as follows: Beginning at a point on the southeastern line of, Market Street distant thereon southwesterly 40 feet from the point of inter- section thereof with the southwestern line of Fillmore Street, formerly Webster Street, as shown on the filed map firstly herein - above referred to; thence southwesterly along said line of Market Street 40 feet; thence southeasterly parallel with said line of Fillmore Street and the direct extension southeasterly thereof 100 feet; thence northeasterly parallel with said line of Market Street 40 feet; thence northwesterly parallel with said line of Fillmore Street and its direct extension southeasterly 100 feet to the point of beginning. Excepting therefrom the northwesterly 40 feet thereof. (continued) Page 7 of 13 PARCEL 5: Portion of Block 25, Map of Alameda, etc., filed July 24, 1879, Map Book 6, page 1, Alameda County Records, and a portion of Lot 29,, Section 18, Township 2 South, Range 3 West, Mount Diablo Base and Meridian, Map No 2 of Salt Marsh and Tide Lands situated in the County of Alameda, State of California, on file in the office of the Department of Finance, State Lands Commission, formerly the office of the Surveyor General of the State of California, described as follows: Beginning at a point on the southeastern line of Market Street distant thereon southwesterly 80 feet from the point of inter- section thereof with the southwestern line of Fillmore Street, formerly Webster Street, as said Streets are shown on said map firstly hereinabove referred to; thence southwesterly along said line of market Street 40 feet; thence southeasterly parallel with said line of Fillmore Street and the direct extension south - easterly thereof 100 feet; thence northeasterly parallel with said line of Market Street 40 feet; thence northwesterly parallel with said line of Fillmore Street and, the direct extension southeasterly thereof 100 feet to the point of beginning. Excepting therefrom the northeastern 20 feet of the northwestern 40 feet thereof. PARCEL 6: Portion of Block 25, Map of Alameda, etc., filed July 24, 1879, Map Book 6, page 1, Alameda County Records, and a portion of Lot 29, Section 18, Township 2 South, Range 3 West, Mount Diablo Base and Meridian, Map No. 2 of Salt Marsh and Tide Lands situated in the County of Alameda, State of California, on file in the office of the Department of Finance, State Lands Commission, formerly the office of the Surveyor General of the State of California, described as follows: Beginning at a point on the southeastern line of Market Street distant thereon southwesterly 120 feet from the point' of inter- section thereof with the southwestern line of Fillmore Street, formerly Webster Street, as said Streets are shown on the filed (continued) Page 8 of 13 map firstly hereinabove referred to; thence southwesterly along said line of Market Street 40 feet; thence southeasterly parallel with said line of Fillmore and the direct extension southeasterly thereof 100 feet; thence nortbkasterly parallel with said line of Market Street 40 feet; thence northwesterly parallel with the said line of Fillmore Street and the direct extension southeasterly thereof 100 feet to the point of beginning. PARCEL 7: Portion of Block 25, Map of Alameda, etc., filed July 24, 1879, Map Book 6, page 1, Alameda County Records, and a portion of Lot 29, Section 18, Township 2 South, Range 3 West, Mount Diablo Base and Meridian, Map No. 2 of Salt Marsh and Tide Lands situated in the County of Alameda, State of California, on file in the office of the Department of Finance, State Lands Commission, formerly the office of the Surveyor General of the State of California, described as follows: Beginning at a point on the southeastern line of Market Street distant thereon southwesterly 160 feet from the point of inter- section thereof with the southwestern line of Fillmore Street, formerly Webster Street, as said Streets are shown on the filed map firstly hereinabove referred to; thence southwesterly along said line of Market Street 40 feet to the direct extension south- easterly of the northeasterly line of Calhoun Street, as shown on said filed map firstly hereinabove referred to; thence south- easterly along the last named line 100 feet; thence northeasterly parallel with said line of Market Street 40 feet until intersected by a line drawn southeasterly from the point of beginning parallel with said line of Fillmore Street; thence northwesterly along said line so drawn 100 feet to the point of beginning. Page 9 of 13 PARCEL F Those parcels of land in the City of Alameda, County of Alameda, State of California, described as follows: PARCEL 1: A portion of the property described as Parcel 1 in the Final Order of Condemnation, had in the Superior Court of the State of California, in and for the County of Alameda, recorded August 29, 1974, ReeL3764 OR, Image 594, Alameda County Records, described as follows: Beginning at a point on the northeastern line of Washington Street, extended, at the northwestern terminus of the right-of-way described in the Grant of Easement to the City of Alameda, recorded August 16, 1976, Reel 4486 OR, Image 813, Alameda County Records; thence South 47° 40 35" East, 59.61 feet to the beginning of a tangent curve concave to the north, thence northeasterly along said curve having a'radius of 20 feet, through a central angle of 89° 58' 33", a distance of 31.41 feet; thence North 42° 20' 52" East, 699.91 feet, thence North 47° 40' 35" West 19.51 feet; thence South 42° 22' 01" West 100.00 feet: thence South 47° 40' 35" East 12.86 feet: thence South 46° 59'' 03" West 33.44 feet; thence North 47° 40' 35" West 10.17 feet; thence South 42° 22' 01" West 66.66 feet; thence South 470 40' 35" East, 4.79 feet; thence South 46° 59' 03" West, 181.83. feet; thence South 54° 59' 03" West, 229.16 feet; thence South 42° 21' 18" West, 115.14 feet, more or less, to the point of beginning. PARCEL 2: The northwestern 19.51 feet of Block 67, Map of the Town of Alameda and Adjacent Lands, filed September 12, 1867, Map Book 5, page 16, Alameda County Records. PARCEL F A-857456 Page 10 of 13 PARCEL G Those parcels of land in the City of Alameda, County of Alameda, State of California, described as follows: PARCEL 1: Beginning at a point on the northwestern line of Leandro Street distant thereon northeasterly 100 feet from the point of inter- section thereof with the northeastern line of Madison Street; thence northeasterly along said line of Leandro Street 24.33 feet to the northeastern line of Block 68, as shown on the Map of Alameda, filed July 24, 1879 in Map Book 6, page 1, Alameda County Records; thence along the direct production southeasterly of the last named line 30 feet; thence southwesterly parallel with said line of Leandro Street 24.33 feet, more or less, until intersected by a line drawn southeasterly, parallel with said line of Madison Street produced southeasterly from the point of beginning; thence northwesterly along said .lines so drawn 30 feet to the point of beginning. PARCEL 2: Beginning at the point of intersection of the center line of Madison Street with the northwestern line of Leandro Street; thence northeasterly along said line of Leandro Street 130 feet; thence southeasterly parallel with said line of Madison Street 30 feet; thence southwesterly parallel with said line of Leandro Street 130 feet until intersected by the center line of Madison Street produced southeasterly; thence along the last named line northwesterly 30 feet to the point of beginning. PARCEL 3: All that portion of the northwestern 1/2 of Leandro Street lying between the direct production southeasterly of the center lines of Madison Street and of San Jose Avenue. PARCEL 4: All that portion of Leandro Street lying between the direct pro- duction southeasterly of the center line of San Jose Avenue and the direct production southeasterly of the northeastern line of Adams Street. PARCEL G A- 857457 (continued) Page 11 of 13 —2— PARCEL 5: All that portion of the southeastern 1/2 of Leandro Street lying between the direct production southeasterly of the center line of San Jose Avenue and the direct production southeasterly of the center line of Madison Street. Excepting therefrom that portion thereof lying between the direct production northwesterly of the northeastern and southwestern lines of Lot 11, in Block 58, Map of Alameda, filed July 24, 1878, Map Book 6, page 1, Alameda County Records. PARCEL 6: All that portion of the southeastern 1/2 of Leandro Street lying between the direct production northwesterly of the northeastern and the southwestern lines of Lot 11, Block 58, Map of Alameda, filed July 244, 1878, Map Book 6, page 1, Alameda County Records. PARCEL 7: All that portion of the southeastern 1/2 of Leandro Street.lying northeasterly of the direct production southeasterly of the center line of Madison Street. PARCEL 8: All that portion of Leandro Street lying southwesterly of the direct production southeasterly of the northeastern line of Adams Street. Pac7c? 12 of 13 PARCEL H That, parcel of land in the City of Alameda, County of Alameda, State of California, described as follows: . Fractional Lot 11, Fractional Block 58, Map of Alameda, surveyed and drawn by J. T. Stratton, 1853, Map Book 6, page 1, Alameda County Records. PARCEL H A-857458 Page 13 of 13 I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the Council of the City of Alameda in regular meeting assembled on the 18th day of March, 1980, by the following vote, to wit: AYES: Councilmen Diament, Sherratt, Stone, Tillman and President Corica - 5. NOES: None. ABSENT: None. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 19th day of March, 1980. City 'Clerk 'of Fie City