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Resolution 13713CITY OF ALAMEDA RESOLUTION NO. 13 713 ORDERING VACATION OF THE STORM DRAIN EASEMENT WITHIN A.P.N. 074- 0905 -40; 074- 0905 -42 AND RECORDATION OF QUITCLAIM DEED (CATELLUS/BAYPORT RESIDENTIAL PROJECTS) [ID NO. 2] WHEREAS, the subject Storm Drain Easement within A.P.N. 074 - 0905 -40; 074- 0905-42 (being a portion of Lot 198 and also being a portion of the Remainder Parcel as shown on the tract map entitled Tract 7387 — Bayport, recorded on June 24, 2003 in Book 271 of Maps at pates 1 -34 inclusive, Alameda County Records, more particularly described in Exhibit A); and WHEREAS, the proposal for a Master Plan, General Plan Amendment, Rezoning, Development Agreement, Tentative Map, Parcel (Disposition) Map, City Council Resolution No. 13216 (certifying the Final EIR for the Catellus Mixed Use Development) was approved by the City Council on May 31, 2000; and WHEREAS, the DR and approved Master Plan calls for the development of a 7- acre community park within the subject parcels as part of the Catellus Bayport residential project; and WHEREAS, the Master Plan and Improvement Plans for Backbone Infrastructure Improvements calls for the existing 10' storm drain easement that runs along the western edge of Lot 198 of Tract 7387 to be vacated in order to construct the 7 -acre community park; and WHEREAS, the existing 10' storm drain easement within the subject parcels that serve the original interim detention basin is no longer a necessity to the City and can be vacated; and WHEREAS, a plat and legal description of the portion of the easement to be vacated have been prepared. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Alameda that it hereby ordered that the subject storm water easement within A.P.N. 074 - 0905 -40; and 074 - 0905 -42 be vacated. BE IT FURTHER RESOLVED that the City Clerk shall cause certified copies of this resolution, attested under seal, together with quitclaim deeds and plats and legal descriptions to be recorded in the County Recorder's Office and from and after the date of this resolution is recorded, to vacate and terminate said portion of easement within A.P.N. 074 - 0905 -40; and 074- 0905-42 and shall file and record such other document's necessary to remove the encumbrance from the title. STORM DRAIN EASEMENT Exhibit "A" All that real property situate in the City of Alameda, County of Alameda, State of California, being a portion of Lot 198 and also being a portion of the Remainder Parcel as shown on the tract map entitled TRACT 7387 - BAYPORT, recorded on June 24, 2003 in Book 271 of Maps at pages 1 -34 inclusive, Alameda County Records, more particularly described as follows: BEGINNING at the southwest corner of said Lot 198, Thence along the southerly line of said Lot, South 87 °55'20" East, 18.34 feet to the TRUE POINT OF BEGINNING of this description; Thence leaving said line and across said lot and said parcel the following five (5) courses: 1) North 08 °11'00" West, 401.26 feet; 2) North 87 °55'20" West, 84.09 feet; 3) North 02 °04'40" East, 10.00 feet; 4) South 87 °55'20" East, 92.44 feet; 5) South 08 °11'00" East, 411.42 feet to the southerly line of last said lot; Thence along last said line, North 87 °55'20" West, 10.16 feet to the TRUE POINT OF BEGINNING of this description. Being the same lands as the 10' storm drain easement as shown on said tract map entitled TRACT 7387 BAYPORT, recorded on June 24, 2003 in Book 271 of Maps at pages 1 -34 inclusive. Bearings are based on the California Coordinate System of 1927 Zone ITT, of two found monuments on Main Street measured to be North 00 °34' 11" East, 2613.13 feet. All distances shown hereon are ground distances, multiply ground distances by 0.9999295 to obtain grid distances. Consisting of an area of 4,946 square feet or 0.11 acres, more or less. A plat showing the above - described parcel is attached herein and made a part hereof as Exhibit "B ". This description was prepared by me or under my Surveyors Act. Billy Main, LS 5797 License Expires 6/30/2004 Klitain\1998\888221\Legals \vacate SDE2B.dce direction Exhibit "A" Page 1 of 1 n conformance with the Professional Land MAIN STREET w co STORM DRAIN EASEMENT LEGEND POB — POINT OF BEGINNING TPOB — TRUE POINT OF BEGINNING =MEM 00011111) 4111■00 =MD (MM. — STORM DRAIN EASEMENT — PARCEL LINE LOT LINE LINE TABLE LINE BEARING LENGTH L1 S87'55'20 "E 18.34' L2 N87'55'20 "W 84.09' L3 NO2'04'40 "E 10.00' L4 N87'55'20 "W 10.16' S 87'55'20" ; E 92.4' J_, 10' STORM DRAIN EASEMENT 4,946 sq. ft.± 0.11 acres ± C- r 13 E J J �.AYr' OFT 27i ki REMAINDER PARCEL DETAIL "A" SCALE 1 " =50' / t \ L1 L4 POB TPOB / POB a,11 �4 EE DETAIL "A" LOT 198 5TWIDE 2375 OR 25 ATLANTIC AVENUE L1 TPOB LANDS# BILLY M i.°1 f� 0/2004 No. 5797 29' ROADWAY EASEMENT (117 OR 401) F aus B K EssErmInIrumm 4780 CHABOT DRIVE SUITE 104 PLEASANTON, CA 94588 925 - 396 -7700 925- 396 -7799 (FAX) Subject EXHIBIT "B" 10 STORM DRAIN EASEMENT Job No. 010182 -11 By RL Date 5/14/04 Chkd.CK SHEET 1 OF 1 21■DV MPtATS vaoaW iM 013/13/2104 10 03142 AM PST vacateSDE2.txt Parcel name: vacateSDE2 North: 471683.4845 Line Course: N 08-11-00 W North: 472080.6587 Line Course: N 87-55-20 W North: 472083.7075 Line Course: N 02-04-40 E North: 472093.7009 Line Course: S 87-55-20 E North: 472090.3494 Line Course: S 08-11-00 E North: 471683.1186 Line Course: N 87-55-20 W North: 471683.4870 East : 1483660.2916 Length: 401.26 East : 1483603.1759 Length: 84.09 East : 1483519.1412 Length: 10.00 East : 1483519.5037 Length: 92.44 East : 1483611.8829 Length: 411.42 East : 1483670.4449 Length: 10.16 East : 1483660.2916 Perimeter: 1009.38 Area: 4,946.07 sq.ft. 0.11 acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Course: N 01-28-07 W East : -0.00006 Error Closure: 0.0025 Error North: 0.00250 Precision 1: 403,748.00 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 a regular meeting of the City Council on the 1st day of June, 2004, by the following vote to wit: AYES: Councilmembers Daysog, Gilmore, Kerr, Matarrese, and Mayor Johnson - 5. NOES: None. AB SENT: None. ABSTENTIONS: None. IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 2°d day of June, 2004. Lara Weisiger, City C City of Alameda