Resolution 09727CITY OF ALAMEDA RESOLUTION NO. 9727_,
FINDING AND DETERMINING PORTION OF SIXTH STREET, A PUBLIC
STREET IN THE CITY OF ALAMEDA, IS UNNECESSARY FOR PRESENT
OR PROSPECTIVE STREET PURPOSES; ORDERING VACATION THEREOF
SUBJECT TO RESERVATION OF AN ELECTRICAL EASEMENT THEREIN
AS DESCRIBED HEREIN AND IN RESOLUTION OF INTENTION NO
9704 HERETOFORE ADOPTED ON MARCH 2, 1982; 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 2nd
day of March, 1982, adopts its Resolution of Intention No. 9704 de-
claring its intention to order the vacation of a portion of Sixth
Street, d:serly of Central Avenue, situated in the City of Alameda,
County of Alameda, State of California, and more particularly des-
cribed as follows:
BEGINNING at the intersection of the southern line of Central
Avenue with the common boundary line between
Aughinbaugh's 223.374 acre tract and Chipman's West
Tract of 111.687 acres, as shown on that certain map
entitled "Duplicate map of E. S. Chipman's Acre Tots
according to survey of Washington Woodward, . .",
filed June 19th, 1858, in Book 19, paue 61, in the
office of the Alameda County Recorder;
THENCE southerly at right angles, along said boundary line,
100 feet;
THENCE westerly at right angles, 30 feet to the western lino
of Sixth Street, formerly Third Avenue, as shown on
the "man of the Lands of the Teutonia Park and Home-
stead Association", filed March 10, 1.877 in Map Book 5,
page 5, in the office of the Alameda County Recorder;
THENCE northerly along said line, 100 feet to the aforesaid
southern line of Central Avenue, formerly Washington
Avenue, as shown on said map;
THENCE easterly along said southern line, 30 feet to the
BEGINNING.
Containing 3000 square feet,
subject, however, to the reservation for the City of Alameda,
pursuant to the provisions of Sections 8340 and 8341 of the Streets
and Highways Code of California, of a permanent easement and right-
of-way for electrical power facilities and their appurtenances and
the right to construct, operate, maintain, repair and/or replace
such facilities in, over, under, across and along all of the
western ten (10) feet of the above described parcel, upon which
easement no building nor other permanent structure may be placed
by the owner. Said easement shall vest the control of all improve-
ments thereon with the City Engineer of the City of Alameda, and
it shall be necessary for the owner(s) of the land through which
the easement exists to procure from the office of the said City
Engineer, a permit or permits for anv and all improvements to be
constructed in, upon, or above said easement.
WHEREAS, particulars of the proposed vacation are shown on
that certain map entitled "Abandonment of Sixth Street South of
Central Avenue," prepared by the City Engineer, dated February, 1982,
denominated Drawing 7789, Case 54, in the records of the City
Engineer, and on file in the office of the City Clerk; and
WHEREAS, the City Clerk caused Notice of said proposed street
vacation to be published and Notice thereof and of the time and
place of hearing thereon was duly posted in accordance with the re-
quirements of Part 3 of Division 9, of the Streets and Highways Code
of California; and
WHEREAS, proof of said publication is evidenced by the
affidavit of publication now on file in the office of the City
Clerk; 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; and
WHEREAS, the matter of said proposed vacation came on
regularly for hearing before the Council of the City of Alameda at
its regular meeting on the 6th day of April, 1982, 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 determines, from all
the evidence submitted, that a portion of said Sixth. Street, south
of Central Avenue, in said Resolution of Intention and hereinbefore
more particularly described is unnecessary for present and prospec-
tive public street purposes and that public interest requires the
vacation of said street.
BE IT FURTHER RESOLVED that the portion of said street in
said Resolution of Intention and hereinbefore more particularly
described be and the same is hereby vacated, subject, however,
to the reservation of the Electrical Easement hereinabove set forth.
BE IT FURTHER RESOLVED that the City Clerk is hereby
directed to have a certified copy of this Resolution recorded in
the office of the Recorder of Alameda County, California
I, the undersigned, hereby certify that the foregoing Resolution %.as
duly and regularly introduced and adopted by the Council of the City of
Alameda in regular meeting assembled on the' 6th day of _ April
1982, by the following vote, to wit:
AYES: Councilmen Diament, Gorman, Sherratt, Stone, 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 7th day of April
, 1982.
City Clerk o