LEGALITY

INTRODUCED BY COUNCILMEMBER,

ORDINANCE No

y^LC_C. M. S.

AN ORDINANCE CONDITIONALLY WAIVING ALL

RIGHTS OF THE CITY OF OAKLAND TO CLAIM A
PRESCRIPTIVE EASEMENT IN THE REAL PROPERTY
OF ACE CONSTRUCTION
AND DEVELOPMENT
CORPORATION, LOCATED AT 7007 BROADWAY TERRACE,
OAKLAND, CALIFORNIA, AND CONDITIONALLY
EXTINGUISHING ANY SUCH EASEMENT LOCATED THEREON

WHEREAS, a dedicated public path exists at the intersection of Broadway Terrace and Capricorn Avenue in the City of
Oakland; and
WHEREAS, a stairway was constructed many years ago
linking the lower portion of the path with Broadway Terrace; and
WHEREAS, the City has been unable to locate any records
to indicate who constructed the stairway which was constructed on
an 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
stairway and path; and

frequent users

WHEREAS, the stairway was removed

subject vacant lot underwent development; and

of the

recently when the

WHEREAS, the City, subject to certain conditions being

met by the owner of Assessor's Parcel No. 48G-7424-108 and the
owner of the property located at 104 Capricorn Avenue, has agreed
to construct a replacement stairway within the boundaries of the
dedicated public path; and
WHEREAS, the area of the public path in which the
replacement stairway is to be located is occupied by a wooden deck
belonging to the owner of 104 Capricorn Avenue, Oakland,
California; and
WHEREAS, in a meeting of July 27, 1988 between City staff
and the owner of 104 Capricorn Avenue, and the President and agent
(John Allen) of the owner of 7007 Broadway Terrace, the owner of
the former property, agreed to allow the subject deck to be cut
back by approximately 4 feet; and

-1-

600-245-005 (7/831

WHEREAS, the owner of the 7007 Broadway Terrace property,

the parcel on which the former stairway existed, has requested that
the City agree to waive all rights to claim a prescriptive
easement, of any type, on, in or across Assessor's Parcel No. 48G7424-108; now, therefore,
The Council

of the City

of Oakland

Does Ordain As

Follows:
Section 1. Subject to the following conditions being
timely met, the City of Oakland hereby agrees to waive all rights
to claim a prescriptive easement, of any kind, on, in or across
Assessor's Parcel No. 48G-7424-108 (located at 7007 Broadway
Terrace):
1.

The owner of 104 Capricorn Street

shall permit the removal of approximately four (4) feet of the subject
wooden deck parallel to the dedicated public path and the lowering of
the affected column/post. Further,
said owner shall furnish all material that is unusable as a result of
dry rot, rust or other imperfections
and apply for and execute an encroachment permit;

2.

The owner of Assessor's Parcel No.

48G-7424-108 shall furnish all labor
required to remove approximately 4
feet of the existing wooden deck
parallel to the pathway, including
all the minor electrical
work
necessary to accommodate the deck
removal.
The railing, fascia and
electrical
needs shall all be
restored onto the remaining deck, so
that it is fully functional, by said
owner; and

3.

The City shall permit the renovation

without fee, issue an encroachment
permit without fee, and construct
wooden steps, with railroad ties,
without removing the existing trees
along the deck side.

-2-

WHEREAS, the owner of the 7007 Broadway Terrace property,

the parcel on which the former stairway existed, has requested that
the City agree to waive all rights to claim a prescriptive
easement, of any type, on, in or across Assessor's Parcel No. 48G7424-108; now, therefore,
The

Council

of the

City

of Oakland

Does

Ordain As

Follows:
Section 1. Subject to the following conditions being
timely met, the City of Oakland hereby agrees to waive all rights
to claim a prescriptive easement, of any kind, on, in or across
Assessor's Parcel No. 48G-7424-108 (located at 707 Broadway
Terrace):
1.

The owner of 104 Capricorn Street

shall permit the removal of approximately four (4) feet of the subject
wooden deck parallel to the dedicated public path and the lowering of
the affected column/post.
Further,
said owner shall furnish all material that is unusable as a result of
dry rot, rust or other imperfections
and apply for and execute an encroachment permit;

2.

The owner of Assessor's Parcel No.

48G-7424-108 shall furnish all labor
required to remove approximately 4
feet of the existing wooden deck
parallel to the pathway, including
all
the minor electrical
work
necessary to accommodate the deck
removal.
The railing, fascia and
electrical
needs shall
all be
restored onto the remaining deck, so
that it is fully functional, by said
owner; and

3.

The City shall permit the renovation

without fee, issue an encroachment
permit without fee, and construct
wooden steps, with railroad ties,
without removing the existing trees
along the deck side.

-2-

Section 2.
Upon satisfaction of the conditions set
forth in Section 1 hereof, the City shall provide each property
owner with a letter acknowledging satisfactory completion of
conditions, and shall, at the request of the owner of Assessor's
Parcel No. 48G-7424-108, provide said owner with a recordable
document which, without reservation, shall waive the right of the
City to claim a prescriptive easement, of any kind, in, on or
across Assessor's Parcel No. 48G-7424-108.

IAN
3 1QRQ
IN 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:

eoo-242 (7/83)

ARRECE JAMESON
City Clerk and Clerk of the Council
of the City of Oakland, California