Resolution 11380CITY OF ALAMEDA RESOLUTION NO.
11380
ORDERING VACATION OF AN EXISTING PUBLIC UTILITY
EASEMENT WITHIN LOT 23, TRACT 4289 AND ACCEPTING
A NEW PUBLIC UTILITY EASEMENT WITHIN LOT A, TRACT
4541
WHEREAS, that certain map entitled Tract 4289, filed on
January 27, 1981, granted a public utility easement to the City
which had to be relocated to accommodate the proposed pump
station's location; and
WHEREAS, it is necessary to vacate the original easement
and accept a new easement; and
WHEREAS, Lot 23 of Tract 4289, in which the original
easement was located, was resubdivided and recorded as Tract
4541; and
WHEREAS, a certain Grant of Easement dated December 17,
1987, granted by Pelican Bay Estates Homeowners Association to
the City of Alameda for a permanent non-exclusive, easement and
right-of-way for Public Utility purposes, fully described in said
Grant of Easement, Exhibit "A", has been executed and delivered
by the Grantor to the City; and
WHEREAS, it is in the best interest of the City that the
original Public Utility Easement be vacated and that a new
easement be accepted;
BE IT RESOLVED by the Council of the City of Alameda that
the Public Utility Easement within Lot 23, Tract 4289 described
in Exhibit "B", attached, is 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
certified copies 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 utility easement
vacated no longer shall constitute a public utility easement.
BE IT FURTHER RESOLVED that the aforementioned Grant of
Easement dated December 17, 1987, granted by Pelican Bay Estates
Homeowners Association to the City of Alameda, for a permanent,
non - exclusive, easement and right -of -way for Public Utility
purposes, 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
272281 of the Government Code of the State of California.
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Recorded at Request of
CITY OF ALAMEDA
When recorded Return to:
CITY ATTORNEY
Room 314 City Hall
Alameda, California 94501
GRANT OF EASEMENT
PELICAN BAY ESTATES HOMEOWNERS ASSOCIATION, Grantor, does
hereby grant, transfer and convey onto the City of Alameda, a
municipal corporation, Grantee, a permanent non- exclusive,
easement and right -of -way for Public Utility purposes, in, over,
under, across and along that certain parcel, or strip of land
situated in the City of Alameda, County of Alameda, State of
California, and which is more particularly described as follows:
Real property in the City of Alameda, County of Alameda, State of
California, described as follows:
See Exhibit "A" attached hereto:
IN WITNESS HEREOF, Grantor has executed this instrument
on ; = day of i %,; �; t" Y l E )C' }" , 1987.
PELICAN BAY ESTATES
HOMEOWNERS ASSOCIATION
'In„
age
ofY
STATE OF CALIFORNIA )
) SS
COUNTY OF ALAMEDA
/'2th-
On this / / day of tee f-Mbd--- ,1987
before the undersigned, a Notary Public, in and for the County of
Alameda, State of California, resigng therein, duly commissioned
and sworn, personally appeaced
known to me to be the *.-"re-Int- of
the Pelican Bay Estates Homeowners Association, that executed the
within instrument and acknowledged to me that such Association
executed the same as owner.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
my official seal in the County and State aforesaid the day and
year first above written.
OFFICIAL SEAL
LISA K. HENINGER
Notary Public-California
ALAMEDA COUNTY
My Comm. Exo. Jan. 10. 1989
A112.6L
Notary Public in and for t e County
of Alameda, State of California
1,0., 3 0-i L/
1, 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 19th of January, 1988,
by the following vote to wit:
AYES: Councilmembers Camicia, Haugner, Monsef, Thomas
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 20th day of
January, 1988.
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City Clerk of the City of Alameda