Resolution 10252ORIG
CITY OF ALAMEDA RESOLUTION NO. 10252
RESOLUTION OF NECESSITY AUTHORIZING THE ACQUISITION
OF CERTAIN PROPERTY FOR THE CONSTRUCTION OF PATTON
WAY AND FINDING THAT THE PUBLIC INTEREST AND NECESSITY
REQUIRE THE PROPOSED PROJECT, THAT THE LOCATION THEREOF
CAUSES THE LEAST PRIVATE INJURY, AND THAT THE SUBJECT
PROPERTY IS NECESSARY FOR THE PROPOSED PROJECT
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 ";
WHEREAS, written requests to appear have not been received
from persons notified;
WHEREAS, due consideration of all oral and documentary
evidence introduced has been given and official notice of the
plans, specifications, reports, and environmental impact reports
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
California 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 1 and 2. The estate to be taken is a
fee simple and temporary easement for cut fill slope
purposes and incidents thereto;
(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) 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 doman proceedings or otherwise. Said
City Attorney is hereby authorized to retain legal
assistance in all matters in connection with the
acquisition of said property;
(g) An Environmental Impact Report and an Environmental
Impact Statement have been approved for the project
and reviewed and considered by the City Council.
Property to be acquired for
construction of Patton Way
Portions of Tract 30, as said Tract is shown on the "Map
of Alameda Marsh Land" etc., filed July 30, 1900 in Book 25
of Maps, pages 74 to 78 inclusive, in the Office of the County
Recorder of Alameda County, said portions being described as
follows:
PARCEL 1:
COMMENCING on the westerly line of said Tract 30, at
the intersection of said westerly line with the southerly line
of the parcel of land described as parcel 3 in the deed to
United States of America recorded July 28, 1944 in Book 4590
at page 165, Official Records of Alameda County; thence along
said southerly line, S. 89 °41'14" E., 15.92 feet; thence S.
10 °36'55" E., 51.52 feet; thence along a tangent curve to the
right with a radius of 561.00 feet, through an angle of 05 °50'02 ",
an arc length of 57.12 feet; thence S. 04 °46'53" E., 690.92
feet; thence along a tangent curve to the left with a radius
of 430.00 feet, through an angle of 03 °33'19 ", an arc length
of 26.68 feet to the northerly line of the 6.89 -acre tract
described in the deed to Alameda Belt Line recorded January
8, 1943 in Book 4318 at page 209, Official Records of Alameda
County; thence along said northerly line N. 86 °05'54" W., 25.11
feet to said westerly line of Tract 30; thence along last said
line, N. 04 °46'53" W., 823.49 feet to the point of commencement.
CONTAINING 19,450 square feet, more or less.
PARCEL 2:
A Temporary Easement to terminate June 30, 1985, for
cut and fill slope purposes and incidents thereto upon, over
and across the parcel of land described as follows:
COMMENCING at a point on the southerly line of Parcel
3 (4590 O.R. 165) described in Parcel 1 above, distant thereon
S. 89 °41'14" E., 15.92 feet from the intersection of said south-
erly line with the westerly line of said Tract 30; thence along
the easterly line of above - described Parcel 1, S. 16 °21'52"
E., 51.52 feet, along a tangent curve to the right with a radius
of 561.00 feet, through an angle of 05 °50'02 ", an arc length
of 57.12 feet, S. 04 °46'53" E., 690.92 feet and along a tan-
gent curve to the left with a radius of 430.00 feet, through
an angle of 03 °33'19 ", an arc length of 26.68 feet to the north-
erly line of the 6.89 -acre tract described in Parcel 1 above;
thence along last said line S. 86 °05'54" E., 18.44 feet; thence
-1- "EXHIBIT A"
from a tangent that bears N. 08 °52'48" W,, along a curve to
the right with a radius of 412.00 feet, through an angle of
04 °05'55 ", an arc length of 29.47 feet; thence N. 04 °46'53"
W., 648.80 feet; thence along a tangent curve to the left with
a radius of 578.00 feet, through an angle of 11 °34'59 ", an arc
length of 116.85 feet; thence N. 16 °21'52" W., 34.38 feet to
said southerly line of Parcel 3 (4590 O.R. 165); thence along
last said line N. 89 °41'14" W., 7.50 feet to the point of com-
mencement.
CONTAINING 14,249 square feet, more or less.
Bearings used in above description are based on the Cali-
fornia Coordinate System, Zone 3.
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 21st of February, 1984,
by the following vote to wit:
AYES: Councilmembers Gorman, Hanna, Lucas and President Diament - 4.
NOES: None.
ABSENT: Councilmember Monsef - 1.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official
seal of said City this 22nd day of February, 1984.
City Cler of the City of amed