Resolution 14004Recorded at the Request of
CITY OF ALAMEDA
When Recorded Return To:
City of Alameda
Office of the City Clerk
2263 Santa Clara Avenue, Room 380
Alameda, CA 94501
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2006301472 08/07/2006 09 :53 PN
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OFFICIAL RECORDS OF ALAMEDA COUNTY
PATRICK O'CONNELL
RECORDING FEE: 0.00
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CITY OF ALAMEDA RESOLUTION NO. 14004
Please record in accordance with Government Code Section 27383
CITY OF ALAMEDA RESOLUTION NO.14004
AUTHORIZING THE SUMMARY VACATION OF A PORTION OF
THE CENTRAL AVENUE PUBLIC RIGHT -OF -WAY PURSUANT
TO CHAPTER 4 OF THE STREETS AND HIGHWAYS CODE
WHEREAS, the Community Improvement Commission of the City of
Alameda ( "Commission ") is carrying out the Community Improvement Plan
( "Plan ") for the Business and Waterfront Improvement Project ( "BWIP ") by
.
L w renovating the existing downtown historic Alameda Theater and providing for
o z development of a new multi -plex cinema and public parking garage
6 cc (collectively, the "Project "); and
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WHEREAS, the City of Alameda ( "City ") is the owner of record of the
public right -of -way and street commonly known as Central Avenue located
adjacent to the Project; and
C WHEREAS, the Commission and the City desire to reconfigure a portion
of Central Avenue and the adjacent property currently owned by the
Commission on which the Project will be located for the purpose of improving
pedestrian and vehicular circulation, facilitating redevelopment of the Project
and eliminating blight within the BWIP to serve the public needs, necessity and
convenience; and
WHEREAS, to effectuate the abovementioned goal, the City must
vacate a portion of the sidewalk located on the north side of Central Avenue,
between Park Street and Oak Street, varying from 3" to 25" (only at the
columns), as depicted and described on Exhibit "A" attached hereto ( "Vacation
Area "); and
WHEREAS, pursuant to Section 8334.5, summary vacation of a public
right -of -way may not be completed until existing public utility facilities have
been relocated; and
WHEREAS, the existing SBC utilities located under the Vacation Area
have been relocated.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ALAMEDA
DOES HEREBY FIND AND RESOLVE AS FOLLOWS:
Section 1. Pursuant to Chapter 4, Section 8334(a) of the Streets and
Highways Code, the Vacation Area qualifies for summary vacation as an
excess right -of -way. The subject right -of -way is not required for street or
highway purposes because the remaining portion of the sidewalk is adequate to
accommodate pedestrian traffic.
Section 2. The vacation is for the benefit of the public at large. The
City's purpose for vacating the Vacation Area is to effectuate the
reconfiguration of the public right -of -way and the adjacent site in a manner that
will improve pedestrian circulation and facilitate .redevelopment of the Project,
thereby achieving the redevelopment goals and objectives of the BWIP Plan.
Section 3. Subject to completion of the SBC utility facilities relocation,
vacation of the Vacation Area depicted and described in Exhibit "A" is hereby
approved pursuant to Sections 8334 and 8335 of the Streets and Highways
Code.
Section 4. The City Clerk is hereby authorized to record this Resolution
and the attached Exhibit "A" (subject to minor, technical changes that may be
approved by the City Engineer and City Attorney) with the County Recorder of
the County of Alameda upon receiving notification that relocation of the existing
SBC public utility facilities has been completed.
Section 5. From and after the date this Resolution is recorded, the
Vacation Area shall no longer constitute a right -of -way for public use as a street
or highway or any other public right -of -way purposes.
EXHIBIT "A"
LEGAL DESCRIPTION
STREET ENCROACHMENT
ALL that certain real property situate in the City of Alameda, County of Alameda, State of California, described as
follows:
BEING a portion of the Central Avenue right -of -way, being an 80 foot wide right -of -way, more particularly
described as follows:
BEGINNING at the intersection of the southeasterly right -of -way line of Oak Street with the northeasterly right -of-
way line of Central Avenue;
Thence along said right -of -way line of Central Avenue, South 60 °11'38" East 2.00 feet to the TRUE POINT OF
BEGINNING;
Thence continuing along said right -of -way, South 60 °11'38" East 158.12 feet;
Thence leaving said right -of -way line, South 29 °48'22" West 0.25 feet;
Thence North 60 °11'38" West 98.62 feet;
Thence South 29 °48'22" West 1.83 feet;
Thence North 60 °11'38" West 7.00 feet;
Thence North 29 °48'22" East 0.12 feet;
Thence North 60 °11'38" West 34.33 feet;
Thence South 29 °48'22" West 0.12 feet;
Thence North 60 °11'38" West 8.50 feet;
Thence North 29 °48'22" East 1.83 feet;
Thence North 60 °11'38" West 9.67 feet:
Thence North 29°48'22" East 0.25 feet to the TRUE POINT OF BEGINNING.
Containing an area of 126.60 square feet, more or less.
A plat showing the above - described parcel is attached herein and made a part hereof as Exhibit `B ".
This description was prepared by me or under
� ection in conformance with the Professional Land Surveyors
Act
LIC. No. 5756
EXP. '3jv•OS
FCAL�`��
Randall L. Heik P.L.S. 5756
License Expires: 6 -30 -2008
K:\Main\ 2005 \057019- 50 \legals \ST_ENCROACH. DOC
Page 1 of 1
7. 141'04'
Dated:
LOT 5
LOT 6
DOC. NO. 2005123663
PARCEL ONE
APN 071 - 0203 -016
J9
N1 53
LOT 7
LOT 8
22 J\11 41
PARCEL 1 — DOC. NO. 89- 169868
APN 071 - 0203 -015 APN 071 - 0203 -014
PROPOSED
2.0' WIDE PUBLIC STREET ENCROACHMENT
STREET DEDICATION I 126.60 SQ. FT. ±
P.O.B. T.P.O.B. N 610'11'38" W 158.12' f 1 ".\
_ SEE DETAIL "A" ' `------------ SEE DETAIL "B" "'"-----
40.00'
P.O.B. L1 V-- T.P.O.B.
CENTRAL AVENUE
N 6011'38" W
DETAIL "A"
SCALE 1"=5'
S 6011'38" E 158.12'
L7 N 6011'38" W 9.67' co
S 60'11'38" E 158.12'
S 6011'38" E 34.33'
N 6011'38" W 8.50 L5
DETAIL "B"
SCALE 1"=5'
N 6011'38" W
34.33' ,,L4
N 60'11'38 W
7.00'
N 6011'38" W 98.62'
LEGEND
APN — ASSESSOR PARCEL
NUMBER
P.O.B. — POINT OF BEGINNING
T.P.O.B. — TRUE POINT OF
BEGINNING
L2
LINE TABLE
LINE
BEARING
LENGTH
L1
N 6011'38" W
2.00'
L2
S 29'48'22" W
0.25'
L3
S 29'48'22" W
1.83'
L4
N 29'48'22" E
0.12'
L5
S 29'48'22" W
0.12'
L6
N 29'48'22" E
1.83'
L7
N 29'48'22" E
0.25'
BKF
ENGINEERS 1 SURVEYORS 1 PLANNERS
4780 Chabot Drive
Suite 104
Pleasanton, CA 94588 Job No.
925/396 -7700 By RL
925/396 -7799 (FAX)
Subject
,:' \Svr05\057019\DMG \PLAT\ST ENCROACW£NT.dvo 7/19/2006 1D37.17 AM PDT
EXHIBIT "B"
STREET ENCROACHMENT
20057019
Date 07/19/06Chkd. RLH
SHEET 1 OF 1
ST_ENCROACH.txt
Parcel name: ST ENCROACH
North: 465247.2988
Line Course: S 60 -11 -38 E
North: 465168.7026
Line Course: S 29 -48 -22 W
North: 465168.4857
Line Course: N 60 -11 -38 W
North: 465217.5064
Line Course: S 29 -48 -22 W
North: 465215.9185
Line Course: N 60 -11 -38 W
North: 465219.3979
Line Course: N 29 -48 -22 E
North: 465219.5021
Line Course: N 60 -11 -38 W
North: 465236.5664
Line Course: S 29 -48 -22 W
North: 465236.4622
Line Course: N 60 -11 -38 W
North: 465240.6873
Line Course: N 29 -48 -22 E
North: 465242.2752
Line Course: N 60 -11 -38 W
North: 465247.0818
Line Course: N 29 -48 -22 E
North: 465247.2988
East : 1496202.5716
Length: 158.12
East : 1496339.7743
Length: 0.25
East : 1496339.6500
Length: 98.62
East : 1496254.0762
Length: 1.83
East : 1496253.1666
Length: 7.00
East : 1496247.0926
Length: 0.12
East : 1496247.1522
Length: 34.33
East : 1496217.3637
Length: 0.12
East : 1496217.3040
Length: 8.50
East : 1496209.9285
Length: 1.83
East : 1496210.8381
Length: 9.67
East : 1496202.4473
Length: 0.25
East : 1496202.5716
Perimeter: 320.67 Area: 126.60 sq. ft. 0.00 acres
Mapcheck Closure - (Uses listed courses, radii, and deltas)
Error Closure: 0.0000 Course: S 75 -57 -50 W
Error North: - 0.00000 East : - 0.00000
Precision 1: 320,640,000.00
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EXHIBIT A
CENTfRAL AVENUE
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I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly
adopted and passed by the Council of the City of Alameda in the Special Joint Meeting of the
City Council and Community Improvement Commission held on the 26th day of July 2006, by
the following vote to wit:
AYES: Councilmembers Gilmore, Matarrese and Mayor Johnson - 5.
NOES: Councilmembers Daysog and deHaan — 2.
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City
this 27pth day of July, 2006.
Lara Weisiger, City Cler
City of Alameda
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State of California
County of
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CALIFORNIA ALL - PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
-60() , before me, - /I Z,G` b- 2in, l 6,6 rd
Date 1
personally appeared
\jI personally known to me - or -
proved to me on the basis of satisfactory evidence:
❑ form(s) of identification
❑ credible witness(es)
Printed Name of Notary Public
(A) eit r
Printed Name(s) of Signer(s)
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.
ELIZABETH A. ACORD
COMM. # 1565918 14
NOTARY PUBLIC CALIFORNIA
ALAMEDA COUNTY
My Comm. Expires April 1, 2009
(Seal)
WITNESS my hand and official seal.
OPTIONAL INFORMATION
Signature of Notary Public
Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment of this
acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document.
Description of Attached Document
The preceding Certificate of Acknowledgment is attached to a document
titled /for the purpose of
containing pages, and dated
The signer(s) capacity or authority is /are as:
❑ Individual(s)
❑ Attorney -in -Fact
❑ Corporate Officer(s)
Title(s)
❑ Guardian /Conservator
❑
Partner - Limited/General
❑ Trustee(s)
❑ Other:
representing:
Name(s) of Person(s) or Entity(ies) Signer is Representing
Additional Information
❑ Additional Signer(s) ❑ Signer(s) Thumbprint(s)
❑ Other
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