LEGALITY

INTRODUCED BY COUNCILMEMBER,

ORDINANCE No y^LC_C. M. S.

AN ORDINANCE CONDITIONALLY WAIVING ALLRIGHTS OF THE CITY OF OAKLAND TO CLAIM APRESCRIPTIVE EASEMENT IN THE REAL PROPERTYOF ACE CONSTRUCTION AND DEVELOPMENTCORPORATION, LOCATED AT 7007 BROADWAY TERRACE,OAKLAND, CALIFORNIA, AND CONDITIONALLYEXTINGUISHING ANY SUCH EASEMENT LOCATED THEREON

WHEREAS, a dedicated public path exists at the intersec-tion of Broadway Terrace and Capricorn Avenue in the City ofOakland; and

WHEREAS, a stairway was constructed many years agolinking the lower portion of the path with Broadway Terrace; and

WHEREAS, the City has been unable to locate any recordsto indicate who constructed the stairway which was constructed onan adjacent, vacant piece of property on the left side of the path(Assessor's Parcel No. 48G-7424-108); and

WHEREAS, the public has been frequent users of thestairway and path; and

WHEREAS, the stairway was removed recently when thesubject vacant lot underwent development; and

WHEREAS, the City, subject to certain conditions beingmet by the owner of Assessor's Parcel No. 48G-7424-108 and theowner of the property located at 104 Capricorn Avenue, has agreedto construct a replacement stairway within the boundaries of thededicated public path; and

WHEREAS, the area of the public path in which thereplacement stairway is to be located is occupied by a wooden deckbelonging to the owner of 104 Capricorn Avenue, Oakland,California; and

WHEREAS, in a meeting of July 27, 1988 between City staffand the owner of 104 Capricorn Avenue, and the President and agent(John Allen) of the owner of 7007 Broadway Terrace, the owner ofthe former property, agreed to allow the subject deck to be cutback by approximately 4 feet; and

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600-245-005 (7/831

WHEREAS, the owner of the 7007 Broadway Terrace property,the parcel on which the former stairway existed, has requested thatthe City agree to waive all rights to claim a prescriptiveeasement, of any type, on, in or across Assessor's Parcel No. 48G-7424-108; now, therefore,

The Council of the City of Oakland Does Ordain AsFollows:

Section 1. Subject to the following conditions beingtimely met, the City of Oakland hereby agrees to waive all rightsto claim a prescriptive easement, of any kind, on, in or acrossAssessor's Parcel No. 48G-7424-108 (located at 7007 BroadwayTerrace):

1. The owner of 104 Capricorn Streetshall permit the removal of approxi-mately four (4) feet of the subjectwooden deck parallel to the dedicat-ed public path and the lowering ofthe affected column/post. Further,said owner shall furnish all materi-al that is unusable as a result ofdry rot, rust or other imperfectionsand apply for and execute an en-croachment permit;

2. The owner of Assessor's Parcel No.48G-7424-108 shall furnish all laborrequired to remove approximately 4feet of the existing wooden deckparallel to the pathway, includingall the minor electrical worknecessary to accommodate the deckremoval. The railing, fascia andelectrical needs shall all berestored onto the remaining deck, sothat it is fully functional, by saidowner; and

3. The City shall permit the renovationwithout fee, issue an encroachmentpermit without fee, and constructwooden steps, with railroad ties,without removing the existing treesalong the deck side.

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WHEREAS, the owner of the 7007 Broadway Terrace property,the parcel on which the former stairway existed, has requested thatthe City agree to waive all rights to claim a prescriptiveeasement, of any type, on, in or across Assessor's Parcel No. 48G-7424-108; now, therefore,

The Council of the City of Oakland Does Ordain AsFollows:

Section 1. Subject to the following conditions beingtimely met, the City of Oakland hereby agrees to waive all rightsto claim a prescriptive easement, of any kind, on, in or acrossAssessor's Parcel No. 48G-7424-108 (located at 707 BroadwayTerrace):

1. The owner of 104 Capricorn Streetshall permit the removal of approxi-mately four (4) feet of the subjectwooden deck parallel to the dedicat-ed public path and the lowering ofthe affected column/post. Further,said owner shall furnish all materi-al that is unusable as a result ofdry rot, rust or other imperfectionsand apply for and execute an en-croachment permit;

2. The owner of Assessor's Parcel No.48G-7424-108 shall furnish all laborrequired to remove approximately 4feet of the existing wooden deckparallel to the pathway, includingall the minor electrical worknecessary to accommodate the deckremoval. The railing, fascia andelectrical needs shall all berestored onto the remaining deck, sothat it is fully functional, by saidowner; and

3. The City shall permit the renovationwithout fee, issue an encroachmentpermit without fee, and constructwooden steps, with railroad ties,without removing the existing treesalong the deck side.

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Section 2. Upon satisfaction of the conditions setforth in Section 1 hereof, the City shall provide each propertyowner with a letter acknowledging satisfactory completion ofconditions, and shall, at the request of the owner of Assessor'sParcel No. 48G-7424-108, provide said owner with a recordabledocument which, without reservation, shall waive the right of theCity to claim a prescriptive easement, of any kind, in, on oracross Assessor's Parcel No. 48G-7424-108.

IAN 3 1QRQIN COUNCIL, OAKLAND, CALIFORNIA, ____Ill:L_ 19

PASSED BY THE FOLLOWING VOTE:HASKELL

AYES— BAZILE, CANNON, GIB&8SI? GILMORE, MOORE, OGAWA, RILES, SPEES, and PRESIDENT WILSON , - 6

NOES— NONE

ABSENT— MOORE, SPEES, AND PRESIDENT WILSON, - 3

ABSTENTION— NONE

ATTEST:ARRECE JAMESON

City Clerk and Clerk of the Councileoo-242 (7/83) of the City of Oakland, California