Ordinance 2867CITY OF ALAMEDA ORDINANCE NO. 2867
New Series
AUTHORIZING CONVEYANCE BY QUITCLAIM DEED
OF CERTAI CONTINGENT INTERESTS IN
ALAMEDA BEL TUNE RALROAD EASEMENTS TO KB HOMES
BE IT ORDAIED BY THE COUNCIL OF THE CITY OF ALAMEDA that:
Section 1 . The City of Alameda convey by quitclaim deed to KB Homes those contingent
interests in Alameda Beltline easements located in the City of Alameda, County of Alameda , State
of California, and more particularly described in Exhibit A attached.
Section 2 . The City Manager of the City of Alameda be , and he is hereby authorized to
execute , for and on behalf of the City of Alameda, a quitclaim deed transferring to KB Homes any
interest the City of Alameda may have in the easements described in Exhibit A and Exhibit B. The
City Clerk is hereby directed to attest to same.
Section 3 . This ordinance shall be in full force and effect from and after the expiration of
thirty (30) days from the date of its final passage.
Attest:
V1D1
City Clerk
RECORDING REQUESTED BY
First American Title Guaranty Company
Order No. SP158284
WHEN RECORDED MAIL TO:
KB Home South Bay, Inc.
2201 Walnut Street , #150
Fremont , CA 94538
AUn: Joe Sordi
SPACE ABOVE THIS LINE FOR
RECORDER'S USE
MAIL TAX STATEMENTS TO:The undersigned grantor(s) declare(s):
CITY TRANSFER TAX $ none
DOCUMENTARY TRANSFER TAX $none
SURVEY MONUMENT FEE $
Computed on the consideration or value of
propert conveyed;
Computed on the consideration or value less liens
or encumbrances remaining at time of sale.
SAME AS ABOVE
APN Grantor not in title
QUITCLAIM DEED
FOR A VALUABLE CONSIDERATION , receipt of which is hereby acknowledged,
City of Alameda , a municipal corporation
do hereby REMISE, RELEASE AND FOREVER QUITCLAIM to KB Home South Bay, Inc., a
California corporation , formerly Kaufman & Broad South Bay, Inc.
the real property in the City of Alameda , County of Alameda , State of
California, described as
The purpose of this quitclaim is to eliminate any right, title or interest in the
lands described in Exhibit A despite having no record fee title interest in said
lands by reason of any easement or lesser right or interest it may have
acquired under the instrument recorded November 23 , 1926 , Book 1467 , page
239 , Alameda County Official Records or by operation of law.
Dated November -' 2001
City of Alameda , a municipal corporation
By:
Its
Approved as to Form
By:
Assistant City Attorney
EXIBIT A (Revised 11/14/01)
STATE OF CALIFORNIA
COUNTY OF
ss.
before me
, personally appeared
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose
name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s) or the entity upon behalf of which the person(s) acted , executed the instrument.
WITNESS my hand and official seal.
Signature
EXHIBIT A
PARCEL ONE
All that portion of Parcel 13 , Parcel Map 2938 , filed July 19 , 1983 in Book 138 of Maps at
Pages 76 through 80 , inclusive , Alameda County Records , within the following described
parcel of land:
Lots 1 through 83 , inclusive , Parcel A , Parcel D , Clement Avenue , Ohlone Street , Hibbard
Street and Eagle Avenue as shown on Tract 7170 , Marina Cove filed
Map Book -' Page , Alameda County Records
PARCEL TWO
Beginning at point on the Northerly line of Buena Vista Avenue distant North 61'21'
West , 505.04 feet from the intersection of the said Northerly line of Buena Vista Avenue
with the westerly line of Hibbard Street; thence westerly along the Northerly line of
Buena Vista Avenue North 21' West , 50.00 feet; thence North 28 39' East 15.00 feet;
thence Easterly parallel with and 15.00 feet Northerly from the Northerly line of Buena
Vista Avenue South 21' East , 50.00 feet; thence South 28 39' West , 15.00 feet to a
point on the Northerly line of Buena Vista Avenue and the point of beginning
P. Nos.072-0326-004 (Portion)
RECORDING REQUESTED BY
First American Title Guaranty Company
Order No. SP158284
WHEN RECORDED MAIL TO:
KB Home South Bay, Inc.
2201 Walnut Avenue , #150
Fremont , CA 94538
Attn: Joe Sordi
USE
SPACE ABOVE THIS LINE FOR RECORDER'
MAIL TAX STATEMENTS TO:The undersigned grantor(s) declare(s):
CITY TRANSFER TAX $ NONE
DOCUMENTARY TRANSFER TAX $
SURVEY MONUMENT FEE $
Computed on the consideration or value of property conve
Computed on the consideration or value less liens or
encumbrances remaining at time of sale.
SAME AS ABOVE
APN Consideration less than $100.
QUITCLAIM OF EASEMENT DEED
FOR A VALUABLE CONSIDERATION , receipt of which is hereby acknowledged , CITY OF ALAMEDA , a
municipal corporation
do hereby REMISE , RELEASE AND FOREVER QUITCLAIM to KB Home South Bay, Inc., a California
corporation , formerly Kaufman & Broad South Bay, Inc.
The purpose of this quitclaim is to eliminate any right , title or interest in the
lands described in Exhibit A despite having no record fee title interest in said
lands by reason of any easement or lesser right or interest it may have
acquired under those certain instruments entitled Grant of Easement recorded November
, 1959 in Book 9225 , page 113 , Grant of Easement recorded November 27 , 1959 , Book
9225 , page 120 , ands License Agreement recorded April 12 , 1929 , Book 2059 , Page 430
Alameda County Official Records or by operation of law.
IT IS EXPRESSLY UNDERSTOOD AND AGREED that portion of the lands described or
referred to in the above mentioned instruments which lie outside the boundary of the real
property described in Exhibit "A" and that Quitclaimor , in executing this Quitclaim Deed , does
not remise , release nor quitclaim any easements , rights or interest it may have under the above
mentioned instruments which are NOT included in said Exhibit "
Dated November -' 2001
City of Alameda , a municipal corporation
Its
STATE OF CALIFORNIA
COUNTY OF
)ss.
appeared
before me , personally
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed
to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and
that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted , executed the
instrument.
WITNESS my hand and official seal.
Signature
All that real property situate in the City of Alameda , County of Alameda , State
of California , described as follows:
Lots 1 through 83 , inclusive , Parcel A , Parcel D , Clement Avenue , Ohlone Street , Hibbard
Street and Eagle Avenue as shown on Tract 7170 , Marina Cove filed 200
Map Book -' Page , Alameda County Records
, the undersigned, hereby certify that the foregoing Ordinance was duly and regularly
adopted and passed by the Council of the City of Alameda in a regular meeting assembled on the
20th day of November , 2001 by the following vote to wit:
AYES:Councilmembers Daysog, DeWitt , Johnson and
Mayor Appezzato - 4.
NOES:Councilmember Kerr - 1.
ABSENT:None.
ABSTENTIONS:None.
IN WITNESS , WHEREOF , I have hereunto set my hand and affixed the offcial seal of said City this
21st day of November , 2001.
Lara Weisiger, Cit Clerk
City of Alameda