Ordinance 3207CITY OF ALAMEDA ORDINANCE NO. 3207
New Series
APPROVING A REAL ESTATE EXCHANGE AGREEMENT BETWEEN
THE CITY OF ALAMEDA ( "CITY ") AND PUR ATLANTIC LLC ( "PUR
ATLANTIC ") TO EXCHANGE APPROXIMATELY 820 SQUARE FEET
OF CITY OWNED PROPERTY FOR APPROXIMATELY 2,173
SQUARE FEET OF PUR ATLANTIC OWNED PROPERTY IN ORDER
TO FACILITATE CONSTRUCTION OF THE CROSS ALAMEDA TRAIL
PROJECT AND AUTHORIZING THE CITY MANAGER TO EXECUTE
DOCUMENTS NECESSARY TO IMPLEMENT ITS TERMS
WHEREAS, since 1991, the City of Alameda has planned for a four mile east -west
bicycling and walking corridor, referred to as the Cross Alameda Trail (CAT) in the former
Alameda Beltline property, which is owned by the City; and
WHEREAS, the CAT project provides significant community, safety and
environmental benefits, including reductions in greenhouse gas emissions by providing
safe, convenient and comfortable walking and bicycling facilities, where almost none
exist, serving children, students and commuters; and by planting additional trees; and
WHEREAS, the City has developed, with extensive public input, designs for the
CAT segment between Main Street and Webster Street, along Ralph Appezzato Memorial
Parkway (RAMP); and
WHEREAS, the City has successfully acquired multiple grants for this extensive
project and invested City discretionary funding toward the project; and
WHEREAS, in 2014, during the design phase for the CAT project along RAMP,
the City had its property surveyed to confirm the property boundary lines and found four
encroachments along the corridor, including one by Atlantic Apartments; and
WHEREAS, PUR Atlantic LLC ( "PUR Atlantic ") is the owner of Atlantic Apartments
at 1825 Poggi Street, Alameda, CA 94501; and
WHEREAS, the PUR Atlantic property and the City property are adjacent to one
another and a fence separates the two properties. However, many years ago, due to
inadvertence, the fence was incorrectly placed such that a portion of the PUR Atlantic
property is on the City's side of the fence and a portion of the City property is on PUR
Atlantic's side of the fence; and
WHEREAS, The City has historically used the PUR Atlantic area as open space
and the City now has plans to design and construct the CAT Project on the City Lot; and
WHEREAS, PUR Atlantic has historically used the City area as part of its parking
lot for the benefit of its apartment complex, and PUR Atlantic would like to continue its
use of the City area for that purpose; and
WHEREAS, the Parties desire to exchange their respective Areas (with the City
paying for certain transactional costs to adjust for the difference in value as set forth in
the Real Estate Exchange Agreement), so as to transfer ownership of the City area to
PUR Atlantic and the PUR Atlantic area to the City.
NOW THEREFORE, BE IT ORDAINED by the City Council of the City of Alameda that
by four affirmative votes that:
Section 1. The City Council hereby approves the Real Estate Exchange Agreement
between the City of Alameda ("City") and PUR Atlantic LLC ("PUR Atlantic") to exchange
approximately 820 square feet of City owned property for approximately 2,173 square
feet of PUR Atlantic owned property in order to facilitate construction of the Cross
Alameda Trail Project and delegates to the City Manager the authority to execute the
Exchange Agreement and Quitclaim Deeds, substantially in the forms attached to the
Real Estate Exchange Agreement; and to execute any and all auxiliary documents and
to perform any and all acts necessary or desirable to consummate the exchange between
the City and PUR Atlantic.
Section 2. If any portion, section, subsection, paragraph, subparagraph, sentence,
clause, phrase or application of this Ordinance is held to be invalid or unconstitutional,
such decision shall not affect the validity or constitutionality of the remaining portions of
this ordinance. The City Council of the City of Alameda hereby declares that it would have
passed this ordinance, and each section, subsections, clause, or phrase hereof,
irrespective of the fact that any one or more sections, subsections, sentences, clauses
and phrases are declared to be invalid and unconstitutional.
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.
Presiding Officer �f the City Council
Attest:
CA7L4 LA
Lara Weisiger, Cit&Ierk
I, 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 2nd day of January, 2018, by the following vote to wit:
AYES: Councilmembers Ezzy Ashcraft, Matarrese, Oddie, Vella and
Mayor Spencer — 5.
NOES: None.
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the
official seal of said City this 3rd day of January, 2018.
Lara Weisiger, Cit lerk
City of Alameda
Approved as to form:
Jar C. Kern, City Attcirney
City' of Alameda