Ordinance 2909CITY OF ALAMEDA ORDINANCE NO. 2909
New Series
APPROVING AN AUTHORIING A PURCHASE AND SALE AGREEMENT WITH HAROR
BAY STORAGE LLC AN JOINT ESCROW INSTRUCTIONS FOR SALE OF PARCELS 109-
(HAROR BAY STORAGE LEASED FEE INTEREST), PARCEL 109-2 (OLD MAITLAN DRIE),
AN PARCEL 109-4 (A REMAIER PARCEL)
WHEREAS , Harbor Bay Storage , LLC leases Parcel 109-5 (5.00 acres) ffom the City under that
certain Ground Lease Agreement dated April 5 , 1989; and
WHEREAS, HB Storage , LLC is also the owner of all of the buildings , paving fences , gates and
other improvements located on Parcel 109-5; and
WHEREAS , Parcell 09-5 was previously bounded on the northeast by a public street known as
aitland Drive ("Old Maitland Drive ); and
WHEREAS, Maitland Drive was realigned as part of a larger roadway project , the Airport
oadway Improvement Project of the Port of Oakland with the cities of Oakland and Alameda; and
WHEREAS , the California Streets and Highways Code authorizes the City Council to grant
street vacation upon finding of General Plan Conformity and after receiving the recommendation of the
Plmming Board; and
WHEREAS , the Planning Board adopted Resolution No. 03-37 on July 28 , 2003 , which found the
proposed right-of-way abandonment of a portion of Maitland Drive , Parcel 109-2 (0.57 acres - Old
Maitland Drive) to be in conformance with the Alameda General Plan , pursuant to Governent Code
65402; and
WHEREAS, on August 19 , 2003 , Resolution No. 13627 finding Vacation of the Former
Alignent of Maitland Drive identified as Parcel 109-2 (0.57 acres), subject to the City reserving there
ffom a non-exclusive public utility easement including ingress and egress over , under and across said
Parcel 109-2 Consistent with the General Plan and Approving the Vacation was adopted by the City
Council; and
WHEREAS , the relocation of Maitland drve has configured a new, triangularly shaped parcel of
property referred to as Parcel 109-4 (0.62 acres - A Remainder Parcel) located to the northeast of Old
Maitland; and
WHEREAS, on September 18 , 2003 the City of Alameda received a purchase offer ffom Harbor
Bay Storage , LLC in the form of signed Purchase and Sale Agreement (on file with the City Clerk) to
purchase the Leased Fee interest in Parcel 109-5 (5.00 acres); to purchase Parcel 109-2 (0.57 acres - Old
Maitland Drive) subject to a non-exclusive public utility easement , on , over , under and across said Parcel
109-2 including ingress and egress; and to purchase Parcell 09-4 (0.62 acres - a Remainder Parcel)
subj ct to the City reserving there ITom two non-exclusive public utility easements over portions of Parcel
109-4 in order to construct, maintain, repair, modify, replace or remove a public pathway (five (5) foot
Pathway Easement) and street lighting (twelve (12) foot Street Lighting Easement) on, over, under and
across said Parcell 09-
WHEREAS , it is the intent ofHB Storage to consolidate the ownership of Parcels 109-2 and 109-
with the existing R V and Self Storage facility on Parcell 09-5 and to allow for the expansion of the R
and Self Storage Facility onto Parcels 109-2 and 109-4; and
WHEREAS , Harbor Bay Storage, LLC has submitted a signed purchase and Sale Agreement to the
City (on file with the City Clerk); and
WHEREAS , the sale of this property involving the fully developed RV and Self Storage Facility
and two , one-half acre remainder parcels and the possible expansion onto the two , one-half acre parcels is
exempt ITom CEQA review under Section 15268 of the California Environmental Quality Act (CEQA)
Guidelines
, "
Ministerial projects ; and
WHEREAS , pursuant to City Charter section 3-, no real propert of the City shall be leased for
a period in excess of one year or sold, except for an affirmative vote of four members of the City Council.
NOW , THEREFORE, BE IT ORDAID by the City Council of the City of Alameda and upon
the affirmative vote of four members that:
Section 1 . That the form and substance of the purchase and sale agreement on fie with the City
Clerk, and referred to in the Staff report presented at the October 7 , 2003 City Council meeting and the
terms , conditions and covenants substantially conforming to those terms , conditions and covenants
contained therein are hereby approved.
Section 2 . That the City Manager or his designee is authorized to execute on behalf of the City all
documents necessar to implement the transaction of sale of Parcels 109-5 (5.00 acres - RV and Self
Storage Facility), 109-2 (0.57 acres - Old Maitland Drive), and 109-4 (0.62 acres - A Remainder Parcel)
to Harbor Bay Storage , LLC the adjacent property owner and the City Clerk is directed to attest to the
same.
Section 3 . That as of the closing date of Escrow, the Ground Lease for Parcel 109-5 (RV and Self
Storage Facility) is hereby terminated.
Section 4 . This Ordinance shall be in full force and effect ffom and after the expiration of thirty
(30) days ITom the date of its final passage.
BE IT FUTHER RESOLVED that the City Clerk shall then assure that the Grant Deed for
Parcels 109-, 109-2 and 109-4, together with certified copies of ths Ordinance attached to the Deed, is
forwarded to the Alameda County Recorder s Office for recording.
Attest:
Lara Weisiger, City
City of Alameda
* * *
, 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 21 st
day of October, 2003 by the followig vote to wit:
AYES:Councilmembers Daysog, Gilmore, Kerr, Mataese, and
Mayor Johnson - 5.
NOES:None.
ABSENT:None.
ABSTENTIONS:None.
IN WITNSS, WHREOF , I have hereunto set my hand and affied the offcial seal of said City ths
day of October, 2003.
jJVVtA
Lara Weisiger, Cit/erk
City of Alameda