Resolution 11648CITY OF ALAMEDA RESOLUTION NO. 11648
ORDERING VACATION OF AN ELECTRICAL EASEMENT
LOCATED ADJACENT TO CONSTITUTION WAY BETWEEN
BUENA VISTA AVENUE AND ATLANTIC AVENUE
WHEREAS, by its Resolution No. 11630, regularly adopted
January 3, 1989, this Council declared its intention to vacate an
electrical easement located adjacent to Constitution Way between
Buena Vista Avenue and Atlantic Avenue hereinafter more
particularly described, all in accordance with provisions of the
Public Streets, Highways, and Service Easement Vacation Law
(Sections 8320 and following of the Streets and Highways Code of
California), and thereafter caused publication and posting of
notices of said intended vacation as required by said law, both
said publication and notices fixing the time and place for
hearing all persons interested in the vacation as Tuesday,
February 7, 1989, at 7 :30 p.m. in the Council Chamber, City
Hall, Alameda, California; and
WHEREAS, at said time and place the matter of this
proposed vacation came on regularly for hearing by this Council
and proof of publication and of posting of said notices in the
manner required by law having been made by the City Clerk, and
the Council then having heard all the evidence, both oral and
documentary, proffered by all persons interested in said matter,
and the Council being fully advised in the premises and the
matter thereupon submitted for determination.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City
of Alameda that:
(1) It is hereby found and determined that the electrical
easement in said Resolution of Intention and hereinafter
particularly described is unnecessary for present or prospective
public use, and the public interest requires vacation of same;
(2) It is hereby ordered that the following electrical
easement located adjacent to Constitution Way between Buena Vista
Avenue and Atlantic Avenue situated in the City of Alameda,
County of Alameda, State of California, and more particularly
described as follows.
Being portions of that certain easement which was
established specifically to contain power poles, wire and
appurtenances necessary for transmitting electricity, by
that certain grant of easement, dated May 15, 1929 from
Julia Bruzzone, et al., to the City of Alameda, recorded
January 19, 1933 (2902 O.R. 254). Said easement is over
and across those certain parcels of land in the City of
Alameda, County of Alameda, State of California,
described as follows, to-wit:
-1-
PARCEL A
COMMENCING at a point on the northerly line of Buena
Vista Avenue, said point being distant easterly
thereon 548.49 feet from the easterly line of
Webster Street and running
THENCE North 5 56' West, 297.47 feet to a point on the
southerly line of Eagle Avenue;
THENCE Easterly thereon 10.09 feet to a point on the
westerly line of Constitution Way, formerly the
Central Pacific Railway Company's right -of -way;
THENCE South 5° 56' East, 297.47 feet thereon to a point
on the northerly line of Buena Vista Avenue;
THENCE Westerly thereon 10.09 feet to the point of
commencement.
PARCEL B
COMMENCING at a point on the northerly line of Eagle
Avenue, said point being distant easterly thereon
502.49 feet from the easterly line of Webster
Street and running
THENCE North 5 °' 56' West, 320 feet to a point on the
Segregation Line;
THENCE South 84' 19' East, 10.21 feet thereon to a point
on the westerly line of Constitution Way formerly
the Central Pacific Railway Company's right -of -way;
THENCE South 50 56' East, 319.27 feet thereon to a point
on the northerly line of Eagle Avenue;
THENCE Westerly thereon 10.09 feet to the point of
commencement.
is hereby ordered vacated pursuant to the provisions of Chapter
8, General Vacation Procedure, of the California Streets and
Highways Code, and particularly Section 8333 thereof.
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 said electrical easement no longer shall
constitute an electrical easement.
-2-
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 7th of February, 1989,
by the following vote to wit:
AYES: Councilmembers Arnerich, Thomas and President
Corica - 3.
NOES: None.
ABSENT: Councilmembers Camicia and Monsef - 2.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the official seal of said City this 8th day of
February, 1989.
1140,
a-et,e 45,
City C rk of the City of Alameda