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Resolution 11270CITY OF ALAMEDA RESOLUTION NO. 11270 FINDING AND DETERMINING A PORTION OF PARK STREET WEST OF THE PARK STREET BRIDGE APPROACH, A PUBLIC STREET IN THE CITY OF ALAMEDA, IS UNNECESSARY FOR PRESENT OR PROSPECTIVE STREET PURPOSES; ORDERING VACATION THEREOF SUBJECT TO RESERVATION OF A NON EXCLUSIVE EASEMENT THEREIN AS DESCRIBED HEREIN AND IN RESOLUTION OF INTENTION NO. 11230 HERETOFORE ADOPTED ON JULY 7, 1987; 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 7th day of July, 1987, adopt its Resolution of Intention No. 11230 declaring its intention to order the vacation of a portion of Park Street west of the Park Street Bridge approach, a public street in the City of Alameda, said portion being situated in the City of Alameda, County of Alameda, State of California, more particularly described in said Resolution of Intention as follows: Those parcels and strips of land as described in deed, recorded October 11, 1934, in Book 3093 Official Records at Page 301, and deed recorded September 14, 1934, in Book 3120 Official Records at Page 10, both in the County of Alameda, State of California, more particularly described as follows: PARCEL A: Commencing at the point of intersection of the northeasterly line of Blanding Avenue with a line drawn parallel to the northwesterly line of Park Street and distant northwesterly 20.00 feet, measured at right angles thereto, as said avenue and street are delineated and so designated on that certain map entitled, "Map of Part of the Minturn Tract Alameda", etc., filed March 3, 1877, in Book 1 of Maps at Page 119 thereof, Records of Alameda County, California, and running thence southeasterly along the northeasterly line of said Blanding Avenue to an intersection thereof with the northwesterly line of said Park Street, thence northeasterly along the northwesterly line of Lot 11 to an intersection thereof with aforesaid line drawn parallel to the northwesterly line of Park Street, as shown on said map and distant northwesterly 20.00 feet, measured at right angles thereto; thence southwesterly along last said line so drawn to the point of commencement. Being a portion of Lots 12, 13, 14, and 15 in Block A as said lots and block are delineated and so designated on the map hereinabove mentioned. PARCEL B: Commencing at the point of intersection of the southwesterly line of Lot 11 in Block A as said lot and block are delineated and so designated on that certain map entitled "Map of Part of the Minturn Tract Alameda", etc., filed March 3, 1877, in Book 1 of Maps at Page 119 thereof, Records of Alameda County, California, with a line drawn parallel to the northwesterly line of Park Street, as shown on said map and distant northwesterly 20.00 feet, measured at right angles thereto and running thence southeasterly along the southwesterly line of said Lot 11 to the northwesterly line of said Park Street, thence northeasterly along the northwesterly line of said Park Street and continuing along the direct production northeasterly thereof to an intersection thereof with the southwesterly line of the property of the United States commonly known as the United States Tidal Canal between San Leandro Bay and the head of San Antonio Estuary or Oakland Harbor; thence northwesterly along the southwesterly line of said Tidal Canal to an intersection thereof with the aforesaid line drawn parallel to the northwesterly line of Park Street and distant northwesterly 20.00 feet measured at right angles thereto; thence southwesterly along last said line so drawn to the point of commencement. Being a portion of the aforesaid Lot 11 in Block A and a portion of the lands designated as H.A. Hebard's addition to Lot #11 Block "A" of portion of Minturn Tract, Alameda and shown on a map thereof filed February 29, 1896 in Book 15 of Maps at Page 45 thereof, Records of Alameda County, California. subject, however, to the reservation, pursuant to the provisions of Sections 8340 and 8341 of the Streets and Highways Code of California, of a non exclusive easement, more particularly described as follows: Those parcels and strips of land as described in deed, recorded October 11, 1934, in Book 3093 Official Records at Page 301, and deed recorded September 14, 1934, in Book 3120 Official Records at Page 10, both the County of Alameda, State of California, more particularly described as follows: 2 PARCEL A: Commencing at the point of intersection of the northeasterly line of Blanding Avenue with a line drawn parallel to the northwesterly line of Park Street and distant northwesterly 20.00 feet, measured at right angles thereto, as said avenue and street are delineated and so designated on that certain map entitled, "Map of Part of the Minturn Tract Alameda", etc., filed March 3, 1877, in Book 1 of Maps at Page 119 thereof, Records of Alameda County, California, and running thence southeasterly along the northeasterly line of said Blanding Avenue to an intersection thereof with the northwesterly line of said Park Street, thence northeasterly along the northwesterly line of Lot 11 to an intersection thereof with aforesaid line drawn parallel to the northwesterly line of Park Street, as shown on said map and distant northwesterly 20.00 feet, measured at right angles thereto; thence southwesterly along last said line so drawn to the point of commencement. Being a portion of Lots 12, 13, 14, and 15 in Block A as said lots and block are delineated and so designated on the map hereinabove mentioned. PARCEL B: Commencing at the point of intersection of the southwesterly line of Lot 11 in Block A as said lot and block are delineated and so designated on that certain map entitled "Map of Part of the Minturn Tract Alameda", etc., filed March 3, 1877, in Book 1 of Maps at Page 119 thereof, Records of Alameda County, California, with a line drawn parallel to the northwesterly line of Park Street, as shown on said map and distant northwesterly 20.00 feet, measured at right angles thereto and running thence southeasterly along the southwesterly line of said Lot 11 to the northwesterly line of said Park Street, thence northeasterly along the northwesterly line of said Park Street and continuing along the direct production northeasterly thereof to an intersection thereof with the southwesterly line of the property of the United States commonly known as the United States Tidal Canal between San Leandro Bay and the head of San Antonio Estuary or Oakland Harbor; thence northwesterly along the southwesterly line of said Tidal Canal to an intersection thereof with the aforesaid line drawn parallel to the northwesterly line of Park Street and distant northwesterly 20.00 feet measured at right angles thereto; thence southwesterly along last said line so drawn to the point of commencement. 3 Being a portion of the aforesaid Lot 11 in Block A and a portion of the lands designated as H.A. Hebard's addition to Lot #11 Block "A" of portion of Minturn Tract, Alameda and shown on a maps thereof filed February 29, 1896 in Book 15 of Maps at Page 45 thereof, Records of Alameda County, California. WHEREAS, particulars of the proposed vacation are shown on that certain map entitled, "Portions of Park Street Proposed to be Abandoned", prepared by JTA, Inc., Engineers- Planners, dated June 3, 1987, and on file in the office of the City Clerk. WHEREAS, the City Clerk of the City of Alameda caused said Resolution of Intention to be duly published and notice thereof and of the time and place of hearing thereon was duly posted in accordance with the requirements 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 of said City; 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 of said City; 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 4th day of August, 1987, and at he 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 Park Street west of the Park Street Bridge approach in said Resolution of Intention and hereinbefore more particularly described is unnecessary for present and prospective 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 a non exclusive easement hereinabove set forth. 4 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. 5 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 4th day of August, 1987 by the following vote to wit: AYES: Councilmembers Camicia, Haugner, Monsef and President Corica - 4 NOES: Councilmember Thomas - 1 ABSENT: None IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 5th day of August, 1987. , ,/,,, il 1, " 1 --," i icyrzaw ' ,7,,,' ;',,, , . , ,,,, City Clerk of the City of Alameda