AGENDA
October 27,2009
COUNTY OF ALAMEDA
PUBLIC WORKS AGENCY
399 Elmhurst Street • Hayward, CA 94544-1307
(510) 670-5480
October 2, 2009
The Honorable Board of Supervisors
County Administration Building
1221 Oak Street
Oakland, California 94612
Dear Board Members:
SUBJECT:
FIND A PARCEL OF COUNTY-OWNED REAL PROPERTY TO
BE SURPLUS; APPROVE AND AUTHORIZE SALE TO
ADJACENT OWNER, THE ROMAN CATHOLIC BISHOP OF
OAKLAND, FOR $6,000; EXECUTE QUITCLAIM DEED AND
RECORD. (MISSION BOULEVARD R!W - NO. 36223)
RECOMMENDATION:
It is recommended that your Board adopt the resolution to:
1. Find a 0.50 acre parcel of County-owned real property located adjacent to a property known
as the New Catholic Cemetery in Fremont, to be surplus; and
2. Approve and authorize the sale of said parcel to the adjacent owner, The Roman Catholic
Bishop of Oakland, a corporation sole, for a sale price of $6,000; and
3. Authorize the President to execute a Quitclaim Deed to effect the conveyance and record.
SUMMARYIDISCUSSION:
In 1907, the County of Alameda acquired a 0.50 acre parcel of land to be used as County
Highway and point of access to the historic Catholic Cemetery in the Mission San Jose District
of Fremont. Upon the incorporation of the City of Fremont in 1957, all County Highways were
transferred to the City of Fremont; however, the subject parcel was never taken into the County
System of Highways and, therefore, remained in the County's ownership. This parcel has
continued to be used as a point of access for the adjoining cemetery for over 100 years. Because
of the City of Fremont's Open Space-Historic zoning of the subject property, the property cannot
be developed independently to a higher use. The Roman Catholic Bishop of Oakland has agreed
to the purchase price of $6,000, a sum that has been determined to be the parcel's fair market
value.
"To Serve and Preserve Our Community"
Honorable Board of Supervisors
October 2,2009
Page 2
The Roman Catholic Bishop of Oakland will be responsible for all costs, recording fees, and
transfer taxes associated with the sale. Under the authority of Section 960 of the Streets and
Highways Code, the property can be sold to the adj acent owner.
FINANCING:
The proceeds from the sale will be deposited in County of Alameda Fund 21200, ORG 270401
(Road Department), Account 470110, Sale of Land, Program 00000.
Y04!~
~el Woldesenbet, Ph.D., P.E.
Director of Public Works
DWIRM:mbc
Approved as to Form
RICHARD E. WINNIE, County Counsel
BY~~~
Deputy
Audrey A. Beaman
THE BOARD OF SUPERVISORS OF THE
COUNTY OF ALAMEDA, STATE OF CALIFORNIA
RESOLUTION NUMBER:
R­
FIND A PARCEL OF COUNTY-OWNED REAL PROPERTY TO BE SURPLUS AND
APPROVE AND AUTHORIZE THE SALE OF SAID PARCEL TO
THE ROMAN CATHOLIC BISHOP OF OAKLAND, A CORPORATION SOLE,
FOR $6,000.00; EXECUTE QUITCLAIM DEED,
SET TERMS AND CONDITIONS OF SALE;
DEPOSIT PROCEEDS OF SALE AND RECORD.
WHEREAS, the County of Alameda, a political subdivision of the State of California, is the
fee simple owner of that certain 0.50 acre parcel of unimproved property located on the east side of
Mission Boulevard in Fremont, said parcel being more particularly designated and described as:
FOR DESCRIPTION, SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF.
(No. 36223)
AND WHEREAS, said parcel of real property was acquired by the County of Alameda as a
future County Highway, said parcel of real property is now no longer required by the County for
highway purposes and is incapable of independent development and use; and
WHEREAS, The Roman Catholic Bishop of Oakland, the owner of the property
adjoining the hereinafter described parcel of real property, has used this property for access for
over 100 years and has requested to acquire this said real property; and
WHEREAS, The Roman Catholic Bishop of Oakland, has offered to purchase said parcel
for the sum of Six Thousand and 00/100 Dollars ($6,000.00), which is the fair market value thereof.
NOW, THEREFORE, BE IT RESOLVED, that this Board of Supervisors does and it
hereby finds and determines that the real property described in Exhibit "A" is no longer required for
highway purposes; and
BE IT FURTHER RESOLVED, under the authority of Section 960 of the Streets and
Highways Code of the State of California, that the sale of the hereinafter described parcel of real
property to The Roman Catholic Bishop of Oakland is hereby authorized and approved; and
BE IT FURTHER RESOLVED, that the President of this Board of Supervisors is hereby
authorized to execute a Quitclaim Deed on behalf of the County of Alameda, a political subdivision
of the State of California, GRANTOR, conveying the real property described in Exhibit "A" to The
Roman Catholic Bishop of Oakland, a corporation sole, GRANTEE; and
BE IT FURTHER RESOLVED, that said Quitclaim Deed shall be executed under the
following terms and conditions to wit:
1. The $6,000.00 purchase price shall be paid in cash, cashier's check or certified check
within thirty (30) days from the date when GRANTEE is notified in writing that the deed
has been signed by the President of this Board of Supervisors.
2. GRANTEE shall pay all fees, charges or transfer taxes of any kind in connection with
the sale of said real property.
3. The property is sold "as is".
AND BE IT FURTHER RESOLVED, that upon execution, said Quitclaim Deed shall
be forwarded to the Director of Public Works to be by him recorded upon receipt from
GRANTEE of the balance of the sale price, recording fees and transfer taxes; and
BE IT FURTHER RESOLVED, that the proceeds from said sale shall be deposited in
County of Alameda Fund 21200, ORG 270401 (Road Department), Account 470110, Sale of
Land, Program 00000.
Mission Boulevard
No. 36223
Map: J-4958
EXHIBIT "A"
COUNTY OF ALAMEDA DESCRIPTION
Quitclaim Deed for a Portion of County Property
Located Adjacent to Catholic Cemetery on Mission Boulevard
In City of Fremont
MAP:
APN:
DESC.NO.36223
DATE 9·23·2009
J·4958
513·0614-002
EXHIBIT "A"
Being a portion of that certain piece or parcel of land conveyed by Celia Madden et. aJ. to
William Wauhab by deed dated June 29, 1907 and recorded in Liber 1354 of deeds at Page
301, Alameda County Records.
Being County Survey Number 5986 as found in Road Book 6 at Page 69, Records of the County
Surveyor, Alameda County, described as follows:
Beginning on the westerly line of the main county road leading from Mission San Jose to Warm
Springs (Mission Boulevard) at the corner common to the above mentioned lands of Wauhab
and those certain lands heretofore conveyed by Most Reverend Joseph Sadoc Alemany to
Most Reverend Patrick Wm. Riordan by deed dated April 20, 1885 and recorded in Liber 277 of
Deeds at Page 437, Alameda County Records (which said lands are known as the new Catholic
Cemetery);
Thence along the line dividing said lands of Wauhab from said new Catholic Cemetery North
76° 20' West, 362.87 feet (the bearing of said line being called North 76 °20' West for the
purpose of making this description);
Thence leaving said dividing line North 13° 40' East, 60 feet;
Thence South 76° 20' East, 363.14 feet to a point on said westerly line of the Mission San Jose­
Warm Springs Road;
Containing 21,780 square feet or 0.50 acres, more or less.
F. Joanne Fetzer P.L.S.7236
License Expires 12-31-2010
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