Resolution 11006CITY OF ALAMEDA RESOLUTION NO. 11006
RESOLUTION OF NECESSITY AUTHORIZING THE ACQUISITION
OF CERTAIN PROPERTY FOR THE CONSTRUCTION OF PATTON
WAY (PHASE III) AND FINDING THAT 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 the
property shown on "Exhibit A ";
WHEREAS, a written request to appear has 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 property taken pursuant to this exercise of the
power of eminent domain is generally described as:
Alameda County Assessor's Parcel No. 73- 412 -24
(Department of Transportation No. 46998 -1);
Alameda County Assessor's Parcel No. 73 -413 -34,35
(Department of Transportation No. 46344);
Alameda County Assessor's Parcel No. 73 -426 -1
(Department of Transportation No. 46345);
Alameda County Assessor's Parcel No. 73 -414- 33,34,35
(Department of Transportation No. 46343);
The estate to be taken is in fee simple;
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(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 property described herein is necessary for the
proposed project;
(f) The offer required by Section 7267.2 of the Government
Code has been made to the owners of record;
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;
(g)
(h) An Environmental Impact Report and an Environmental
Impact Statement have been approved for the project and
reviewed and considered by the City Council.
Alameda County Assessor's Parcel No. 71- 414 - 33.34,1_5.
Department of Transportation No. 46343 •
All that certain real property in the City of Alameda, County of
Alameda, State of California. described as follows:
PARCEL 1:
CC LMENCING at a point on the dividing line between
lands of Theodore Metz and lands of E. S. Mastick distant
one hundred and forty feet .northerly from Railroad Avenue;
thence :along. a curve and thirty feet westerly from the
located line of the Central Pacific Railroad Company's
railroad, designed to connect the City of _Oakland via
Alce'Street with Alameda in a northwesterly and northerly
direction to the south line of Pacific Avenue/ thence
easterly along said south line of Pacific Avenue to a line
Parallel with the 'first- described curve line and eighty feet
distant therefrom; thence southerly and southeasterly along
said parallel line to the said dividing line between lands
of Theodore Metz and lands of said E. $• Mastick; and thence
southerly along said dividing line eighty feet, more or
less, to the place of commencement.
PARCEL 2:
COMMENCING at a point on the dividing line between
lands of E. G. Mastick and lands of Theodore Metz distant
one hundred and forty feet northerly from Railroad Avenue
running thence on a curve in a southeasterly direction and
distant thirty feet southwesterly from the located line of
the Central Pacific Railroad Company's railroad designated
tO connect the City of ` Oakland via Alice Street with Alameda
three hundred feet more or less to the northerly line of
Railroad Avenue; thence easterly along said line of
Railroad Avenue to the westerly line of Prospect Street;
thence northerly along said line of Prospect Street to a
point 50 feet distant from said located line of Railroad;
thence northwesterly and parallel with first - described curve
line eighty feet distant therefrom to said dividing line
between lands ` of said E. B. Mastick and said Metz and thence
southerly along said dividing line to the point of
commencement.
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EXHIBIT A
PARCEL 3:
COMMENCING at a point in the northerly line of
Lincoln Avenue, formerly Railroad Avenue, distant thereon
294.50 feet westerly from the westerly line of Eighth
Street, formerly Prospect Street, said point of commencement
being also the southwesterly corner of that certain parcel
of land described in deed dated October 2, 1911, C. Vercelli
and Adelaide Vercelli, his wife, to Southern Pacific
Company, recorded December 13, 1911, iii Book 2048 of Deeds,
Page 4, Alameda County Records; thence northerly at right
angles along the westerly line of the parcel of land
described in said deed dated October 2, 1911, a distance of
101.0 feet to a point therein which is the northwest corner
of the 8097- square foot parcel of land described in deed
dated September 26, 1940, Southern Pacific Cospany to
Thomas E. Scanlan, and also the actual point of beginning of
the parcel of land to be described; thence northerly from
said point of beginning along said westerly line of said
parcel of land described in said deed dated October 2, 1911,
a distance of 33.83 feet to the most northerly corner of the
parcel of land described in said deed dated October 2, 1911;
thence southeasterly along the northeasterly line of said
parcel of land described in said deed, said northeasterly
line being also the southwesterly' line of the Central
Pacific Railway Company's 80 -foot wide strap of land, to a
point therein which is the point of intersection of said
northeasterly line with the northerly line of the aforesaid
8097 - square foot parcel of land; thence westerly along
last -said northerly line 38.10 feet to the point of
beginning.
PARCEL 4:
Beginning at a point in the northerly line of
Lincoln Avenue, formerly Railroad Avenue, distant thereon
203.50 feet westerly from the westerly line of
Eighth Street, formerly Prospect street, said point on
beginning being the southeast corner of the 8097- square foot
parcel of land described in deed dated September 26, 1940,
Southern Pacific Company to Thomas E. Scanlan; thence
northerly. along the easterly line of said 8097- square foot
parcel of land, 60.86 feet to a point in the northeasterly
line of the parcel of land described in deed dated
October 2, 1911, C. Vercelli and Adelaide Vercelli, his wife
to the Southern Pacific Company, recorded December 13, 1911,
in Book 2048 of Deeds, Page 4, Alameda' County Records, said
northeasterly line being also the southwesterly line of the
Central Pacific Railway Company's 80 -foot wide strip of
land; thence southeasterly along said northeasterly line,
121 feet more or less to a point in the northerly line of
Lincoln Avenue distant thereon 97.80 feet westerly from the
westerly line of Eighth Street; thence westerly along said
northerly line of Lincoln Avenue, 105.70 feet to the point of
beginning.
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EXCEPTING AND RESERVING, however, unto the-Grantor, its
successors and assigns, forever, the title and exclusive right to
all of the minerals and mineral ores of every kind and character
now known to exist or hereafter discovered upon, within or
underlying said land or that may be produced therefrom,
including, without limiting the generality of the foregoing, all
Petroleum. oil, natural gas, and other hydrocarbon substances and
products derived therefrt, together with the exclusive and
perpetual rights of ingress and egress beneath the surface of
said land to explore for, extract, mine and remove the same, and
to make such use of the said land beneath the surface as is
necessary or useful in connection therewith, which use may
include lateral or slant drilling, boring, digging or sinking of
wells, shafts or tunnels; provided, however, that Grantor, its
successors or assigns, shall not drill, dig or mine through the
surface of said land in the exercise of said rights and shall not
disturb the surface of said land or otherwise develop the same in
such manner as to endanger the safety of any highway that may be
constructed on said land; provided, also, that no lapse of time
in the exercise of such reserved rights shall be deemed to be an
abandonment thereof nor a vestiture of any adverse right in the
Grantee or its assigns.
Alameda County Assessor's Parcel No. 73 -426 -1
Department of Transportation No. 46345 •
All that certain real property in the City of Alameda, County of
Alameda, State of California. described as follows:
All that portion of the parcel of land described as
Parcel 1 in the deed from Theodore Metz to Central Pacific
Railroad Company, dated June 14, 1873, recorded June 19, 1873
in Book 91 of Deeds. Page 364, Alameda County Records, which
lies between the south line of Eagle Avenue and the north
line of Buena Vista Avenue.
EXCEPTING AND RESERVING, however, unto the Grantor, its
successors and assigns, forever, the title and exclusive
right to all of the minerals and mineral ores of every kind
and character now known toA„xist or hereafter discovered
upon, within or underlying said land or that may be produced
therefrom, including, without limiting the generality of the
foregoing, all petroleum, oil, natural gas, and other
hydrocarbon substances and products derived therefrom,
together with the exclusive and perpetual rights of ingress
and egress beneath the surface of said land to explore for,
extract, mine and remove the same, and to make such use of
the said land beneath the surface as is necessary or useful
in connection therewith, which use may include lateral or
slant drilling, boring, digging or sinking of wells, shafts
or tunnels; provided, however, that Grantor, its
successors or assigns, shall not drill, dig or mine through
the surface of said land in the exercise of said rights and
shall not disturb the surface of said land or otherwise
develop the same in such manner as to endanger the safety of
any highway that may be constructed on said land; provided,
also, that no lapse of time in the exercise of such reserved
rights shall be deemed to be an abandonment thereof nor a
vestiture of any adverse right in the Grantee or its assigns.
EXHIBIT A
Alameda County Assessor's Parcel No. 73 -413 -34.35 •
Department of Transportation No. 46344
All that certain real property in the City of Alameda, County of
Alameda, State of California. described as follows:
All that portion of the parcel of land described as
Parcel 1 in the deed from Theodore Metz to Central Pacific
Railroad Company, dated June 14, 1873, recorded June 19, 1873
in Book 91 cf Deeds, Page 364, Alameda County Records, which
lies between the north line of Pacific Avenue and the south
line of Buena Vista Avenue.
EXCEPNG AND RESERVING, however, unto the Grantor, its
successors and assigns, forever, the title and exclusive
right to all of the minerals and mineral ores of every kind
and character now known to exist or hereafter discovered
upon, within or underlying said land or that may be produced
therefrom, including, without limiting the generality of the
foregoing, all petroleum, oil, natural gas, and other
hydrocarbon substances and products derived therefrom,
'together with the exclusive and perpetual rights of ingress
and egress beneath the surface of said land to explore for,
extract, nine and remove the same, and to make such use of
the said land beneath the surface as is necessary or useful
in connection therewith, which use may include lateral or
slant drilling, boring, digging or sinking of wells, shafts
or tunnels; provided, however, that Grantor, its
successors or assigns, shall not drill, dig or mine through
the surface of said land in the exercise of said rights and
shall not disturb the surface of said land or otherwise
develop the same in such manner as to endanger the safety of
any highway that may be constructed on said land; provided,
also, that no lapse of time in the exercise of such reserved
rights shall be deemed to be an abandonment thereof nor a
vestiture of any adverse right in the Grantee or its assigns.
EXHIBIT A
Alameda County Assessor's Parcel No. 73- 412 -24
Department of Transportation No.
46998 -1 •
All that certain real property in the City of Alameda, County of
Alameda, State of California. described as follows:
Beginning for reference at the southeasterly corner of
that parcel of land described as Item Number 10 in the decree
of distribution recorded March 1, 1979, under Serial
Number 79- 038817, Official Records of Alameda County; thence
along the northerly line of Buena Vista Avenue
N. 87 °27'16" W., 72.20 feet to the TRUE POINT OF
COMMENCEMENT; thence along last said northerly line
N. 87 °27'16° W., 16.50 feet to the now or formerly easterly
line of the right of way of the Southern Pacific Railroad
Company; thence along said easterly line N. 4 °46'53" W.,
147.96 feet to a point of cusp; thence along a tangent curve
to the left with a radius of 72.00 feet, through an angle of
19 °30'27 ", an arc length of 24.51 feet thence
S. 24 °17'20" E., 9.81 feet; thence along a tangent curve to
the right with a radius of 80.00 feet, through an angle of
19 °30'27 ", an arc length of 27.24 feet; thence
S. 4 °46'53" E., 85.10 feet; thence along a tangent curve to
the left with a radius of 5.00 feet, through an angle of
82°40'23", an arc length of 7.22 feet to the true point of
commencement.
CONTAINING 0.033 of an acre, more or less.
EXHIBIT A
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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 2nd of September, 1986,
by the following vote to wit:
AYES: Counci.lmembers. Corica, Hanna, Lucas, Monsef and President Diament - 5.
NOES: None.
ABSENT: ;lone.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
official seal of said City this 3rd day of Septmber, 1986.
City Clerk of the City of Alameda