Resolution 11433CITY OF ALAMEDA RESOLUTION NO. 11433
ORDERING VACATION OF EXISTING GRANT OF EASEMENT
AND RIGHT -OF -WAY FOR PUMP STATION WITHIN PARCEL
3, PARCEL MAP 4497, AND ACCEPTANCE OF A NEW GRANT
OF EASEMENT AND RIGHT -OF -WAY FOR PUMP STATION
WITHIN PARCEL 3, PARCEL MAP 4497
WHEREAS, a Grant of Easement and right -of -way from Harbor
Bay Isle to the City of Alameda, recorded on December 29, 1987,
granted an easement and right -of -way which was to border the
existing pump station constructed under Harbor Bay Parkway, Phase
3; and
WHEREAS, it is necessary to vacate the original easement
and right -of -way and accept a new easement and right -of -way; and
WHEREAS, a certain Grant of Easement dated February 11,
1988, granted by Harbor Bay Isle Associates to the City of
Alameda for a permanent non - exclusive easement and right -of -way
for Pump Station 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 easement and right -of -way be vacated and that a new
easement and right -of -way be accepted.
BE IT RESOLVED by the Council of the City of Alameda that
the easement and right -of -way within Parcel 3, Parcel Map 4497
described in 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 and
right -of -way ordered vacated herein are unnecessary for present
or prospective public use, and (2) that said easement and
right -of -way have never been used by the City of Alameda for any
purpose whatever since the date of their 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 easement and right -of -way
vacated no longer shall constitute an easement and right -of -way.
1
BE IT FURTHER RESOLVED that the aforementioned Grant of
Easement and Right -of -Way dated February 11, 1988, granted by
Harbor Bay Isle Associates to the City of Alameda, for a
permanent non - exclusive easement and right -of -way for Pump
Station 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.
2
Recorded at Request of
CITY OF ALAMEDA
When recorded Return to
CITY ATTORNEY
Room 314 City Hall
Alameda, California 94501
GRANT OF EASEMENT
HARBOR BAY ISLE ASSOCIATES, A PARTNERSHIP, 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 Pump Station 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:
All that real property situated in the City of Alameda, County of
Alameda, State of California, described as follows:
Being a portion of Parcel 3 of said parcel is shown on the map of
Parcel Map No. 4497, filed January 24, 1985 in Book 152 at pages
3 and 4, Official Records of Alameda County, more particularly
described as follows:
COMMENCING at the northwesterly terminus of the course described
as "N 25 13' 27" W 387.84'" as said course is shown on the
boundary of said Parcel 3, said point being the beginning of a
curve concave to the southwest having a radius of 658.00 feet;
thence northwesterly 200.68 feet along said curve through a
central angle of 17 28' 29"; theBce leaving said curve, N 470
18' 04" E 49.50 feet; thence N 42 41° 56" W 47.00 feet to the
TRUE POINT OF BEGINNING of the herein described pump station,
easement; thence continuing apng the last said course, N 41'
56" W 29.50 feet; thence N 47 18° 04" E 40.00 feet; thence S 42°
41' 56" E 29.50 feet; thence S 47° 18° 04" W 40.00 feet to the
true point of beginning.
Containing 0.027 acres, more or less.
IN WITNESS 44REOF, Grantor has executed this instrument on
--/hQ II-- day of t-evuAw/ , 1988.
HARBOR BAY ISLE ASSOCIATES
By: DORIC DEVELOPMENT, INC.
A •ALIFORNIA CO PORATION,
IT' A AG NG
ERAL PARTNER
By:
utive Vi me President
State of California)
)ss
COUNTY OF ALAMEDA )
On February 11, 1988 before Taef the undersigned a Notary.
Public in and for said State, personally-appearedJOHN'L
BIERYLO known to me to be the EXECUTIVE VICE PRESIDENT of
Doric Development, Inc., the corporation that executed the
within instrument, and known to me to be the person who
executed the within instrument on behalf of said corporation,
said corporation being known to me to be the managing
general partner of HARBOR BAY ISLE ASSOCIATES, the general
partnership that executed the within instrument, and
acknowledged to me that such partner and that such partner-
ship executed the same.
WITNESS my hand and official seal.
Signature
My commission expires:
OFFICIAL SEAL
MARY E. PADILLA
Notary Public—California
ALAMEDA COUNTY
My Comm. Exp. Aug 28, 1989
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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
RECORDED IN OFFICI4t SLC:OnS
OF ALAMEDA COAT\
RENE C. DAVID"o0N, Co, nty Re:rdcr
DEC 29 1987
AM OM
.71819110111112111213141516
EASEMENT
111
V.H.
HARBOR BAY ISLE ASSOCIATES, A PARTNERSHIP, 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 Pump Station 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:
All that real property situated in the City of Alameda, County of
Alameda, State of California, described as follows:
Being a portion of Parcel 3 of said parcel is shown on the map of
Parcel Map No 4497, filed January 24, 1985 in Book 152-at pages
3 and 4, Official Records of Alameda County, more particularly
described as follows:
81-73 4 5372
tt
COMMENCING at the northwesterly terminus of the course described
as "N 25 13' 27" W 387.84°" as said course is shown on the
boundary of said Parcel 3, said point being the beginning of a
curve concave to the southwest having a radius of 658.00 feet;
thence northwesterly 200.68 feet along said curve through a
central angle of 17 28' 29"; thence leaving said curve, N 47°
18° 04" E 49.50 feet; thence N 42u 41° 56" W 47.00 feet to the
TRUE POINT OF BEGINNING of the herein described pump station
easement; thence continuing along the last said course, N 42° 41'
56" W 29.50 feet; thence N 47 18' 04" E 40.00 feet; thence S 42°
18' 04" W 40.00 feet to the true point of beginning.
Containing 0.27 acres, more or less.
IN WITNESS HEREOF, Grantor has executed this instrument on
1641 day of December 1987.
HARBOR BAY ISLE ASSOCIATES
By: DORIC DEVELOPMENT, INC.
A CALIFORNIA CORPORATION,
ITS MANAGING GENERAL PARTNER
By:
Documentary Transfer
Tax $ No Tax Due
City Attorney
City of Alameda
20Y\-s)-kLk,
Execuve Vice President
&fthj
.ETATE OF CALIFORNIA )
) SS
COUNTY OF ALAMEDA
345372
On this 16th day of December ,1987
before the undersigned, a Notary Public, in and for the County of
Alameda, State of California, residing therein, dtily commissioned
and sworn, personally appeared Stephen K. BriMhall
known to me to be the Executive Vice President of
, the Doric Development, Inc., 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
MARY E. PADILLA
Notary Pub;ia—California
ALAMEDA COUNTY
My Comm Exp Aug 28, 1989
Nota •ublic in and for the County
of Alameda, State of California
EX
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 5th of April, 1988,
by the following vote to wit:
AYES: Councilmembers Thomas, Monsef, Camicia, Haugner
and President Corica.
NOES: None.
ABSENT: None.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the official seal of said City this 6th day of
April, 1988.
City
, le(
lerk of the City of -Alameda