Resolution 04779E
RESOLUTION NO. 4779
RESOLUTION OF INTENTION TO CHANGE ZONE, ON COUNCILIS
OWN MOTION, OF CERTAIN REAL PROPERTY IN THE CITY OF
F CALIFORNIA
,E:ES, the Council of the City of Alameda dion the 20th day of
March151adopt a Resolution of Intention (numbered 43tL2) to change the zoning,
on the C'ouncills own motion, of certain real property, including the property
hereinafter described, which property at said time was awned by Congress Construction
Corp., predecessor in interest to Alameda Bayside Construction Corp.; and
WHEREAS, in pursuance of the provisions of said Resolution of Intention,
a public hearing thereon was had, before the Planning Board of the City of Alameda
on the 28th day of March, 1951, at which time and place Congress Construction
Corp. made a full presentation of its plan for the development of the property under
consideration, offering plans and scale models of the proposed development, and
agreed, among, other things, that the buildings on the south side of Central Avenue
between Third and Fourth Streets would be two-family dwellings of single story
construction; and
WHEREAS, the said Planning Board, in view of the aforesaid agreements on
the Dart of Congress Construction Corp., in -tended to rezone the Central Avenue
frontage of the Company's property between Third and Fourth Streets and for a depth
of one hundred (100) feet, to the 'IA -1" classification., but, through inadvertence
and oversight, such "A-1" rezoning was not made and the Planning Board's recon nmenda-
tion to the City Council was that all the, property of Congress Construction Corp.
be rezoned to classifications "C" and ?1D",, in accordance with the terms of the
aforementioned Resolution of Intention; and
WHEREAS, the recommendations of the City Planning Board came on for hearing
before the City Council on April 3., 1951, Congress Construction Corp. being there
represented by A. Hubbard Moffitt, Esq,* at said hearing R. Shearer,' Esq., counsel
for the West Alameda Associat-Lon, presented the views of that Association., stating
it was the understanding., airiong other things, that the Central Avenue frontage
between Third and Fourth Streets would be devoted to single story duplex dwellings,
wit'li elevated rear bedrooms, if necessary. Mr® Shearer suggested the possibility of
requiring a Performance bond of the Company to assure adherence to the changes agreed
upon in the development plan. Upon inquiring of the City Attorney as to this
proposal, the Mayor was informed that such bond could not be required., as the rezoning
could not be conditioned upon the filing of a bond; and
WHEREA3, Mr. Moffitt thereupon informed the Council that Mr. Shearers
statements with regard to the type of buildings between Third and Fourth Streets
on Central Avenue were to be a part of the plan, and
WHEREAS, it was the intent and purpose of the Council, by reason of its
having been advised that no conditions could be attached to a rezoning., to rezone
the said Central Avenue frontage, for a depth of one hundred (100) feet, to the
"A-1" classification, but that through inadvertence and oversight such rezoning was
not made, and
WHEREAS, in order to carry out the understanding and agreement of Congress
Construction Corp., the City Planning Board, the City Council and the West Alameda
Association, as o the use of the Central Avenue frontage of the Congress Construction
Corp. property, and to remedy the failure to carry out the intent and purpose of the
Council to rezone said Central Avenue frontage to the "A-1" classification, it is
necessary to effect such rezoning at this timed
C, !P
NOW THEREFORE, BE IT RESOLVED BY TEE COUNCIL OF THE CITY OF ALAMEDA, that
it is the intention of said. Council., on its own motion, and witi'lout a petition
therefor, to initiate proceedings for rezoning and reclassifying the following
described real property', situate in the City of Ala.rreda, County of Alameda,, State of
California.-
BE I NG
' a strip of land 100 feet wide situate south of
Central Avenue from westerly of Third Street to easterly of
Fourth Street, and further described, to -wit:
BEGINNING at a point which is the intersection of the south
line of Central Avenue as shown on Drawing 3968, case 51, Cit -y
Engineer's files, Alameda,, California, and the west line of
that Parcel No, 2 described in deed recorded in Book 6166 of
Official Records at Page 505 in the Alamed,County Recorder's
Office, said point has the coordinates of y-.i�68,304.66 feet
and x - 1,1"83,401.84 feet as based on the Califo'P)Iia
Coordinate System, Zone 3, as are all hearings., distances and
coordinates in this description,,
THENCE along the aforesaid south line of Central Avenue South
55-�,'- 34' 54't East 110.13 feet to a point
THENCE continuin� along the,said south line of Central Avenue
i'r
South 55' 361 301 East 425-09 feet to a point of curvature;
THENCE along the arc of a curve to the left having a radius
of 445.23 feet a distance of 245.39 feet;
T1E,'NCE continuing along the, aforesaid south line of Central
Avenue South 87* 11f 11" East 341-85 feet to its intersection
with the east line of that Parcel No, 3 in the above
described deed;
T'HENCE southerly along the said east line of Parcel No. 3 to
a point which is 100.00 feet at right angles from the afore-
said south line of Central Avenue,*
THENCE westerly along various courses and distances all to be
parallel with and 100.00 feet southerly at right angles from
the aforesaid south, line of Central Avenue to a point on the
afored6scribed west line of Parcel No. 2,
P
THENCE along the said west line of Parcel No. 2 to the POINT
OF BEGINNING -
Y
from the "C" Multiple Dwelling District to the "A-1" One -Family Dwelling District.
Pursuant to Section 11-183 of the Alameda Municipal Code, the hearing on
this Resolution of Intention is fixed before the City Planning Board. on June 17, 1953,
at 8.*00 o'clock P, M.v in the Council Chambers, City Hal1v City of Alameda, and the
City Clerk is hereby directed to give notice of the hearing thereon by posting, as
provided by subdivision 2 of Section, 11-1811 of the Alameda Municipal Code.
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 3rd day of June,, 1953, by the following
vote.. to -wit:
ATE'S: Councilmen Anderson, Jones, McCall, Moresi and President
Sweeney, (5).
-NOES: None,
ABSENT: None.
IN !JITNESS `,THEREOF, I have hereunto set my hand and affixed the official
seal of said City this 1�th day of June, 1953,
(SEAL) SHIRLEY H. TENNIER
City Clerk oF_the _City of Ai.oda
I hereby certify that the foregoing is a full, true and correct copy of
"Resolution No. 4779, RESOLUTION OF INTENT ON TO CHATdGE ZONE, ON COUNCILIS OWN
MOTION, OF CERTAIN REAL PROPERTY IN THE CITY OF ALAMEDA., COUNTY OF ALAMEDA, STATE OF
CALIFORNIA",, introduced and adopted by the Council on the 3rd day of June,, 1953.
M