Neither the list of purposes set forth above nor the lists of
goals and objectives set forth in the Plan and the Report to Council
are intended to reflect a particular priority order. Rather, it is
the intention of the City Council that the Plan be implemented in
a manner that will achieve an appropriate balance of the listed purposes,
goals, and objectives taking into account redevelopment needs and
opportunities that arise from time to time.
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APPENDIX A
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Legal Description: Cleveland Avenue/Eastshore Highway Redevelopment
Plan
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A parcel of land situate in the City of Albany, County of Alameda,
State of California described as follows:
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Beginning at the intersection of the boundary line between the
cities of Albany and Berkeley with the westerly line of the Eastshore
Freeway (04 ALA 80). As said lines are shown on the map entitled R/S
No. 829 filed June 7, 1988 in Book 13 at page 79 of Records of Surveys
in the office of the Alameda County Recorder, which point of beginning
bears N 76° 48 02 E, 51.73 feet from a brass disk set in concrete
labeled Wilsey & Ham LS 4818; thence, from said point of beginning
along the westerly line of the Interstate 80 (Eastshore Freeway) as
said westerly line is shown on said map (RS BK 13 P6 79) the following
courses: N 8° 46 33 W, 307.80 feet; thence N 10° 41 10 W,
367.34 feet; thence northerly along a tangent curve concave westerly,
having a radius of 9,948 feet, an arc length of 202.56 feet; thence
N 11° 51 10 W, 33.08 feet; thence northerly along a tangent curve
concave easterly having a radius of 5,052 feet, an arc length of 263.46
feet; thence N 10° 54 14 W, 100.61 feet; thence northerly along
a curve, concave easterly having a radius of 3,060 feet, an arc length
of 203.42 feet; thence N 10° 41 14 W, 598.79 feet; thence northwesterly
along a tangent curve to the left, having a radius of 765 feet, an
arc length of 326.67 feet; thence crossing Buchanan Street N 54°
50 48 E, 111.00 feet, thence along the westerly line of interstate
freeway 580 the following courses: S 35° 08 35 E, 72.68 feet;
thence easterly along a curve to the left, having a radius of 253
feet, an arc length of 53.59 feet; thence northeasterly along a curve
to the left having a radius of 56 feet, an arc length of 75.71 feet;
thence northerly along a curve to the left having a radius of 253
feet, an arc length of 57.12feet; thence, N 9° 56 56 E, 235.55
feet; thence, N 14° 20 00 W, 60.02 feet; thence S 88° 52 37
E, 24.05 feet; thence N 9° 56 36 E, 350.82 feet; thence northerly
along a curve to the left, having a radius of 1,941 feet, an arc length
of 290.72 feet; thence northerly along a curve to the left, having
a radius of 3,441 feet, an arc length of 220.01 feet, thence northerly
along a curve to the left, having a radius 3,415 feet, an arc length
of 99.57 feet; thence S 80° 21 00 W, 39.38 feet; thence northeasterly
along a curve to the left having a radius of 2,926.20 feet, an arc
length of 341.02 feet; thence northwesterly along a curve to the left,
having a radius of 1,911.13 feet, an arc length of 563.46 feet; thence
N 33° 13 08 W, 665.23 feet; thence N 37° 39 02 W, 403.86 feet;
thence N 34° 43 06 W, 133.29 feet to the line between the cities
of Albany and Richmond; thence, leaving said westerly line of Interstate
580, along the line common to the cities of Albany and Richmond, N
74° 11 18 E, 209.06 feet to a concrete monument marking the point
of beginning of the Joint County Survey dated July 1932; thence continuing
along the line common to the cities of Albany and Richmond N 81°
49 06 E, 938.09 feet to the west line of Pierce Street; thence southerly
along the west line of Pierce Street the following courses: S 16°
42 49 E, 1,300.28 feet; thence southeasterly along a tangent curve
to the left, having a radius of 1,017 feet, an arc length of 81.19
feet; thence S 21º 17 15 E, 492.43 feet; thence, southerly along
a curve to the right having a radius of 483 feet, an arc length of
244.99 feet; thence S 7° 46 26 W, 96.79 feet; thence, southerly
along a curve to the left having a radius of 317 feet, an arc length
of 116.60 feet; thence S 13° 18 02 E, 237.80 feet; thence S 14°
17 00 E, 67.88 feet; thence S 11 ° 24 17 E, 100 feet to an angle
point of the Eastshore Freeway right of way; thence along the south
line of the Eastshore Freeway S 76° 50 00 W, 80 feet more or less
to the easterly line of the Eastshore Freeway; thence along the easterly
line of the Eastshore Freeway, S 24° 54 56 W, 319 feet more or
less to an angle point; thence S 14° 11 00 E, 150 feet more or
less to the south line of Washington Avenue; thence along the south
line of Washington Avenue S 75° 49 00 W, 105.37 feet to the east
line of Cleveland Avenue; thence along the east line of Cleveland
Avenue, S 10° 28 17 E, 609.55 feet; thence leaving the east line
of Cleveland Avenue, S 78° 32 30 W, 50.00 feet to the east line
of the Southern Pacific Railroad Company Right of Way; thence along
the east line of the Southern Pacific Railroad Company Right of Way
the following courses: S 9° 46 51 E, 942.73 feet to the beginning
of a curve; thence southerly along a curve to the left having a radius
11,332.12 feet, an arc length of 831.33 feet; thence S 14° 20
05 E, 300.06 feet to the line common to the Cities of Albany and Berkeley;
thence along the line common to the Cities of Albany and Berkeley
the following courses: N 83° 00 00 W, 100.82 feet; thence S 80°
30 00 W, 264.82 feet; thence S 78° 58 08 W, 224.35 feet; thence
N 78° 21 35 W, 165.98 feet; thence N 11° 36 05 E, 134.80 feet;
thence N 73° 21 15 W, 75.00 feet; thence S 28° 06 00 W, 21.49
feet; thence S 75° 39 55 W, 82 feet more or less to the point
of beginning.
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Containing 107 acres more or less.
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___________________________________
/s/ROBERT S. LIEBER
MAYOR
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EXHIBIT A
JUDGMENT
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Good cause appearing from the foregoing stipulation of the parties,
is hereby ordered and adjudged as follows
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1.
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The Court previously entered Judgment in this case on February
28, 2000 requiring the City and Agency to reconsider adoption of the
Cleveland Avenue/Eastshore Highway Redevelopment Plan (the "Plan")
in light of Petitioners' objections and evidence and retaining jurisdiction
to review further actions of the City and Agency.
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2.
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The City and Agency have reconsidered their actions with respect
to adoption of the Plan in light of Petitioners' objections and concluded
that the Plan should be implemented without use of eminent domain
authority.
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3.
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The Judgment previously entered in this action dated February
28, 2000, as well as the Writ of Mandate dated March 1, 2000, are
hereby vacated and replaced with this Judgment.
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4.
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As modified by this Judgment, the Plan as adopted by Ordinance
No. 98-04 of the City Council is hereby adjudged and determined to
be a valid redevelopment plan under the Community Redevelopment Law.
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5.
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Ordinance No. 00-03 of the City Council adopted pursuant to
the previously issued Writ and Judgment in this action shall be null
and void and of no force and effect in light of the vacation of that
Judgment and Writ.
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6.
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Section 306 of the Plan shall be deemed to eliminate the power
of eminent domain from the entire Plan Area, and the City and/or Agency
shall not exercise the power of eminent domain under the Plan with
respect to any privately-owned property within the Project Area.
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7.
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Petitioners are entitled to costs and have already filed a cost
bill; the Agency has paid those costs.
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JAMES A. RICHMAN
/s/ JUDGE OF THE SUPERIOR COURT
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Dated: 11/29/01
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