Resolution 10144CITY OF ALAMEDA RESOLUTION NO. 10144
ORDERING VACATION OF A PATHWAY EASEMENT AND A STREET
LIGHTING EASEMENT WITHIN PARCEL 1 OF PARCEL MAP NO.
3964 AND ACCEPTING REALIGNED EASEMENTS FROM HOLVICK
deREGT KOERING
WHEREAS, Holvick deRegt Koering, a California corporation,
owner of the property, has requested the realignment of a 5' Path-
way Easement and a 12' Street Lighting Easement, as shown within
Parcel 1 of Parcel Map 3964 filed March 30, 1983, to facilitate
the final design of the water feature to be constructed on the
subject property; and
WHEREAS, to accomplish said realignment it is necessary
to vacate the existing easements and accept a replacement ease-
ment; and
WHEREAS, a certain Grant of Easement dated September 6,
1983, granted by Holvick deRegt Koering to the City of Alameda
for a 5' Pathway Easement and a 12' Street Lighting Easement within
Parcel 1 of Parcel Map No. 3964, and fully described in said Grant
of Easement, has been executed and delivered by the Grantor to
the City; and
WHEREAS, it is in the best interests of the City that said
realignment of easements be accomplished;
NOW, THEREFORE, RE IT RESOLVED BY THE COUNCIL OF THE CITY
OF ALAMEDA that the Pathway Easement and the Street Lighting
Easement described as:
THOSE CERTAIN EASEMENTS ENTITLED "5' PATHWAY EASEMENT"
and "12' STREET LIGHTING EASEMENT" within Parcel 1,
as shown on that certain map entitled "PARCEL MAP NO.
3964, BEING A DIVISION OF PARCEL 3, PARCEL MAP NO.
3775, AND PARCEL 3, PARCEL MAP NO. 3895, A PORTION OF
THE LANDS OF HARBOR BAY ISLE ASSOCIATES PER ACQUISITION
DEED RECORDED MAY 19, 1972, REEL 3136, IMAGE 427,
SERIES NO. 72-67048, ALAMEDA COUNTY RECORDS, ALAMEDA,
CALIFORNIA", filed March 30, 1983 in Book 137 of
Parcel Maps at Page 89 through 91, Records of Alameda
County, Alameda, California,
are hereby ordered vacated pursuant to the provisions of Chapter
4, Part 3, Division 9 of the California Streets and Highways Code,
and particularly Section 8333 thereof.
BE IT FURTHER RESOLVED that the Council of the City of
Alameda hereby finds and declares that (1) the said easement
ordered vacated herein is unnecessary for present or prospective
public use, and (2) that said easement has never been used by the
City of Alameda for any purpose whatever since the date of its
acquisition to the date of this resolution.
BE IT FURTHER RESOLVED that the City Clerk shall cause a
certified copy of this order, attested under seal, to be recorded
in the County Recorder's Office and from and after the date this
resolution is recorded the public service easements vacated no
longer shall constitute public service easements.
BE IT FURTHER RESOLVED that the aforementioned. Grant of
Easement dated September 6, 1983, granted by Holvick deRegt
Koering, a California corporation, to the City of Alameda for a
5' Pathway Easement and a 12' Street Lighting Easement within
Parcel 1 of Parcel Map No. 3964, is hereby accepted on behalf of
the City of Alameda and said Council, acting for and on behalf
of said City, hereby consents to the recordation of said Grant
of Easement and orders this resolution to be attached thereto, as
required by Section 27281 of the Government Code of the State of
California.
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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 6th of September, 1983, by
the following vote to wit:
AYES: Councilmembers Gorman, Hanna, Lucas., Monsef and President Diament v 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 September, 1983.
City Clerk of the Cit, of Alw`eda