Resolution 02268RESOLUTION NO. 2268
REQUIRING EXECUTION OF AGREEMENT TO IMPROVE STREETS
EASEMENTS IN "TRACT 526, ALAMEDA, ALAMEDA COUNTY,
CALIFORNIA".
REAS EDGAR A COHEN and EMILY J. COHEN, his wife, and DONALD A. COHEN and
EDITH ELIZABETH COHEN, his wife, filed with the City Council of the City of Alameda
a final map of a subdivision covering certain lands in the City of kilameda, entitled,
"Tract 526, Alameda, Alameda County, California",
NOW THEREFORE, BE IT RESOLVED BY TEE COUNCIL OF THE CITY OF ALAMEDA that as a
condition precedent to the acceptance by this Council of the streets and easements
designated on said map, the said subdividors shall, at their option, either improve
or agree to improve said streets and easements, and in the event that said subdividors
elect to enter into an agreement for such improvement said agreement shall be in terms
substantially as hereinafter set forth.
RESOLVED FURTHER that the Mayor and City Clerk be, and they are hereby respect-
fully authorized to execute and attest said agreement on behalf of the City of Al eda,
which agreement shall be substantially as follows:
AGREEMENT
THIS AGREEMENT, made and entered into this day of June) 1938, by and between
EDGAR A. COHEN and EMILY J. COHEN, his wife and. DONALD L COHEN and EDITH ELIZABETH
COHEN, his wife, hereinafter designated as first parties, and THE CITY OF ALAMEDA, a
Municipal Corporation, hereinafter, designated as second parties,
WIT SETH:
THAT WHEREAS first parties are the owners of certain real property situate in the
City of Alameda, County of Alameda, State of California, more particularly described
as follows:
Beginning at the point of intersection of the
Northeastern line of Fernside Boulevard 90
feet in width with the Northwestern line of
High Street, 60 fect in width, as said
Boulevard and Street now exist; running
thence North 40° 541 East along said line
of High Street 311.97 feet to the Southwestern
line of the U. S. Tidal Canal; thence Northwesterly
along the last named line the following courses
and distances: North 21° 151 West 7 feet; thence
North 23° 131 West 100 feet; thence North 25 111
West 100 feet; thence North 27° 091 West 100 feet;
thence North 29° 071 West 100 feet; thence North
31° 051 West 100 feet; thence North 33° 031 West
100 feet; thence North 35° 011 west 100 feet;
thence North 36° 591 West 100 feet; thence North
38° 511 West 100 feet; thence North 40° 551 West
100 feet i thence North 42° 531 West 100 feet; thence
North 44U Si' West 100 feet; thence North 46° 491
West 100 feet; thence North 48° 471 West 100 feet;
thence North 50° 451 West 100 feet; thence North
52°431 West 3.32 feet to the Southeastern boundary
line of the land conveyed by the Oakland Rank to
Owens Illinois Glass Company, Ltd., e corporation,
by deed dated August 10, 1 93 1 and recorded
September 21, 1931 in Liber 2683 of Official
Records, page 142; thence leaving said line of
U.S.Tidal Canal South 32° 571 West along the
Southeastern boundary line of land conveyed to
Owens Illinois Glass Company, Ltd. 665 feet,
more or less, to the said Northeastern line of
Fernside Boulevard; thence South 57° 031 East
along last named Line 2;8.47 .eet to an angle
point therein; thence continuing along said line
of Fernside Boulevard South 49° 061 East 1098.25
feet to the point of beginning.
Containing 18.62 acres of land, more or less.
and
WHEREAS, first parties have heretofore filed with tae Council of the City of
Alameda for approval a final map for the purpose of subdividing said real property,
which map is entitled "Tract No. 526, Al eda, Alameda County, California;" and
V REAS, as a condition precedent to the approval of said final map and the
acceptance of the offers of dedication of the streets and easements shown thereon,
the Council of the City of Alameda, requires that first parties enter into an agree-
ment for the improvement of said streets and easements;
NOW THEREFORE, in consideration of the premises and the approval of said final
map, it is hereby agreed as follows:
(a) First parties hereby covenant and agree that upon the approval of said map
they will forthwith undetake and complete the improvement of all streets and ease-
ments shown on said map, and will carry said street work, including the installation
of sewers, grading and paving, side-walks and curbs, together with the provision for
any usual and necessary service, to completion in accordance with the requirements
of the Ordinances of the City of Alameda and to the satisfaction of the City Engineer
as follows:
One-half (i) of said improvements as hereinabove provided shall be completed not
later than April 19, 1939;
An additional one-quarter () of said improvements as hereinabove provided shall
be completed not later than December 20, 1939;
The remaining one-quarter () of said improvements as hereinabove provided, shall
be completed not later than August 20, 1940.
Time is of the essence of this Agreement.
IN 'WITNESS LREOF, the parties hereto have hereunto set their hands and seals
the day and year first above written.
CITY OF ALAMEDA
By
Attest:
City Olerk
* * * * * * * * *
I, the undersigned, hereby certify that the foregoing Resolution was duly
and regularly introduced and adopted by the Council of the City of Alameda in
adjourned regular meeting assembled on the 28th day of June,1938, by the following
vote, to wit:
AYES: Councilmen Carrington, Godfrey, Maurer and President Weichhar (4).
NOES: None.
ABSENT: Councilman Morris,(1).
IN WIT S WHEREOF, I have hereunto set my hand and affixed the official
seal of aaid City this 29th day of June,1938.
(SEAL)
* * * * * * * * *
D ELR DER
City Clerk af the City o
Alameda
I hereby certify that the foregoing is a full, true and complete copy of
"Reso on No. 2268, REQUIRING EXECUTION OF AGREEMENT TO IMPROVE STREETS AND
EASE11ENTS IN tTRACT 526, ALAMEDA, ALAMEDA COUNTY, CALIFORNIA'", introduced and
adopted by the Council on the 28th day of 0-une 1938.
?
City Clerk, af the 1t3f of AJ.atneda,