Resolution 10405ORIGINA,
JHHW:SRC:cp 07/26/84 1075S
Rescinded by Resolution 10420
RESOLUTION NO. 10405
A RESOLUTION OF INTENTION TO
MAKE ACQUISITIONS AND IMPROVEMENTS
MARINA VILLAGE ASSESSMENT DISTRICT 84 -3
RESOLVED, by the City Council of the City of Alameda, County of Alameda,
California, that the public interest, convenience and necessity require, and
that it intends to order the making of the acquisitions and improvements
described in Exhibit "A" attached hereto and made a part hereof.
1. Except as herein otherwise provided for the issuance of bonds, all
of said work shall be done as provided in the Municipal Improvement Act of
1913.
2. All of said work and improvements are to be constructed at the
places and in the particular locations, of the forms, sizes, dimensions and
materials, and at the lines, grades and elevations, as shown and delineated
upon the plans, profiles and specifications to be made therefor, as
hereinafter provided. There is to be excepted from the work above described
any of such work already done to line and grade and marked excepted or shown
not to be done on said plans, profiles and specifications. Whenever any
public way is herein referred to as running between two public ways, or from
or to any public way, the intersections of the public ways referred to are
included to the extent that work is shown on said plans to be done therein.
Said streets and highways are or will be more particularly shown in the
records in the office of the County Recorder of the County of Alameda, State
of California, and shall be shown upon said plans.
3. Notice is hereby given of the fact that in many cases said work and
improvements will bring the finished work to a grade different from that
formerly existing, and that to said extent said grades are hereby changed and
that said work will be done to said changed grades.
4. In cases where there is any disparity in level or size between the
improvements proposed to be made herein and private property and where it is
more economical to eliminate such disparity by work on said private property
than by adjustment of the work on public property, it is hereby determined
that it is in the public interest and more economical to do such work on
private property to eliminate such disparity. In such cases, said work on
private property shall, with the written consent of the owner of said
property, be done and the actual cost thereof may be added to the proposed
assessment of the lot on which said work is to be done.
5. This Council does hereby adopt and establish as the official grades
for said work the grades and elevations to be shown upon said plans, profiles
and specifications. All such grades and elevations are to be in feet and
decimals thereof with reference to the datum plane of this City.
6. The descriptions of the acquisitions and improvements and the
termini of the work contained in this Resolution are general in nature. All
items of work do not necessarily extend for the full length of the description
thereof. The plans and profiles of the work and maps and descriptions as
contained in the Engineer's Report, hereinafter directed to be made and filed,
shall be controlling as to the correct and detailed description thereof.
7. Said contemplated acquisitions and improvements, in the opinion of
this Council, are of more than local or ordinary public benefit, and the costs
and expenses thereof are made chargeable upon an assessment district, the
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ex t -ior boundaries of which are shown on a map thereof on file in the office
of the City Clerk, to which reference is hereby made for further particulars.
Said map indicates by a boundary line the extent of the territory included in
the proposed district and shall govern for all details as to the extent of the
assessment district.
8. This Council declares that all public streets, highways, lanes and
alleys within said assessment district in use in the performance of a public
function, and all lands owned by any public entity, including the United
States and the State of California, or any departments thereof, shall be
omitted from the assessment hereafter to be made to cover the costs and
expenses of said acquisitions and improvements.
9. Said acquisitions and improvements are hereby referred to John
Heindel, as Engineer of Work for this assessment district, a competent person
employed by this City for the purpose hereof, and said Engineer of Work is
hereby directed to make and file with said Clerk a report in writing,
presenting the following:
(a) Maps and descriptions of the lands and easements to be
acquired, if any;
(b) Plans and specifications of the proposed improvements to be
made pursuant to this Resolution;
(c) Engineer's estimate of the total costs and expenses of said
acquisitions and improvements and of the incidental expenses in connection
therewith;
(d) Diagram showing the assessment district above referred to, and
also the boundaries and dimensions of the respective subdivisions of land
within said district as the same existed at the time of the passage of this
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Resolution, e of which subdivisions shall be given a separate number upon
said diagram;
(e) A proposed assessment of the total amount of the cost and
expenses of said acquisitions and improvements upon the several subdivisions
of land in said district in proportion to the estimated benefits to be
received by such subdivisions, respectively, from said acquisitions and
improvements. Said assessment shall refer to said subdivisions by their
respective numbers as assigned pursuant to subparagraph (d) of this paragraph.
When any portion or percentage of the costs and expenses of said
acquisitions and improvements is to be paid from sources other than
assessments, the amount of such portion or percentage shall first be deducted
from the total estimated cost and expenses of said acquisitions and
improvements, and said assessment shall include only the remainder of the
estimated cost and expenses.
10. If any excess shall be realized from the assessment it shall be
used, in such amounts as this Council may determine, in accordance with the
provisions of law, for one or more of the following purposes:
(a) Transfer to the general fund of this City, provided that the
amount of any such transfer shall not exceed the lesser of $1,000 or 5% of the
total amount expended from the improvement fund;
(b) As a credit upon the assessment and any supplemental
assessment; or
(c) For the maintenance of the improvements.
11. William C. Norton, Director of Public Works of the City of Alameda,
is hereby designated as the person to answer inquiries regarding any protest
proceedings to be had herein, and may be contacted during regular office hours
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at 2263 Santa Clara St Jet, Alameda, California 94501, or by calling (415)
522 -4100.
12. To the extent that any of the work, rights, improvements and
acquisitions indicated in the Engineer's Report, to be made as provided
herein, are shown to be connected to the facilities, works or systems of, or
are to be owned, managed and controlled by, any public agency other than this
City, or of any public utility, it is the intention of this Council to enter
into an agreement with such public agency or public utility pursuant to
Chapter 2 (commencing with Section 10100) of Division 12 of the Streets and
Highways Code, which agreement may provide for, among other matters, the
ownership, operation and maintenance by such agency or utility of said works,
rights, improvements and acquisitions, and may provide for the installation of
all or a portion of such improvements by said agency or utility and for the
providing of service to the properties in the area benefiting from said work,
rights, improvements and acquisitions by such agency or utility in accordance
with its rates, rules and regulations, and that such agreement shall become
effective after proceedings have been taken for the levy of the assessments
and sale of bonds and funds are available to carry out the terms of any such
agreement.
13. Notice is hereby given that serial bonds to represent unpaid
assessments, and bear interest at the rate of not to exceed twelve percent
(12%) per annum, or such higher rate of interest as may be authorized by
applicable law at the time of sale of such bonds, will be issued hereunder in
the manner provided by the Improvement Bond Act of 1915, Division 10 of the
Streets and Highways Code, the last installment of which bonds shall mature
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not to exceed twenty -four (24) ears from the second day of July next
succeeding ten (10) months from their date.
14. The provisions of Part 11.1 of Division 10 of the Streets and
Highways Code, providing for an alternative procedure for the advance payment
of assessments and the calling of bonds, shall apply to bonds issued pursuant
to paragraph 13 above.
15. Reference is hereby made to proceedings had pursuant to Division 4
of the Streets and Highways Code which are on file in the office of said Clerk.
16. Notice is hereby given that, in the opinion of this Council, the
public interest will not be served by allowing the property owners to take the
contract for the construction of the improvements and therefore that, pursuant
to Section 20487 of the Public Contract Code, no notice of award of contract
shall be published.
17. Notice is hereby given that it is the intention of this Council to
consider adoption of an ordinance, pursuant to Section 10205 of the Streets
and Highways Code, or as otherwise provided pursuant to applicable law,
authorizing contributions by the City of Alameda, from any sources of revenue
not otherwise prohibited by law, of a specified amount, portion or percentage
of such revenues, for the purpose of acquisition or construction of
improvements, the acquisition of interests in real property and the payment of
expenses incidental thereto for the use and benefit of the assessment district
contemplated by this Resolution, and to consider authorizing application of
such revenues as a credit upon the assessment proposed to be levied in
proceedings pursuant hereto.
18. It is hereby recognized by this Council that in order for certain
of the properties herein proposed to be assessed to obtain the benefits which
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the water and sanitary sewer facilities here proposed to be ordered will be
designed to confer (being all parcels within the boundary of the assessment
district which are not adjacent to the water and sanitary sewer lines proposed
to be constructed, as described in Exhibit "A" hereto and to be shown on the
plans hereinabove ordered to be prepared), additional water and sanitary sewer
lines will have to be constructed. It is therefore resolved, subject only to
confirmation of the herein proposed assessment for the herein proposed
acquisitions and improvements, as follows:
(a) Upon request of a landowner, the additional facilities
necessary to provide service to said landowner's property will hereafter be
constructed by the City of Alameda, and all land, easements or rights of way
necessary therefor will be acquired by gift, purchase, condemnation (except as
to lands which the City has no power to condemn) or other appropriate method
at the landowner's expense, by using, as determined by the City, either
landowner's cash payments, special assessment proceedings, advances by the
City subject to reimbursement, any other appropriate method, or a combination
thereof; and
(b) The owners and occupants of the lots, tracts, pieces and
parcels of land lying within the boundaries of the assessment district shall
at all times hereafter be entitled to the use and benefit of the water and
sanitary sewer facilities to be acquired and constructed herein, subject to
such reasonable rates, rules, regulations and charges as are now or may
hereafter be established by the City of Alameda, and that right, permission,
privilege and authority are hereby given and granted to the present and future
owners and occupants of the lands within said assessment district to connect
all water and sanitary sewer lines which may hereafter be constructed within
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said assessment district by them or on their behalf to and with the said
water and sanitary sewer facilities to be acquired and constructed herein,
subject to the reasonable rates, rules and charges referred to above.
19. It is hereby recognized by this Council that in order for certain
of the properties herein proposed to be assessed to obtain the benefits which
the road improvements herein proposed to be ordered will be designed to confer
(being all parcels within the boundary of the assessment district which are
not adjacent to the road improvements proposed to be constructed, as described
in Exhibit "A" hereto and to be shown on the plans hereinabove ordered to be
prepared, and which do not have access to said road improvements to be
constructed either via existing unimproved roads and /or rights of way
therefor), such access must be acquired. It is therefore resolved, subject
only to confirmation of the herein proposed assessment for the herein proposed
acquisitions and improvements, as follows:
(a) All lands, easements or rights of way necessary for such
access will be acquired by condemnation by this City (except as to lands with
respect to which the City has no power to condemn) if necessary, in which
event the road improvements on such acquired lands, easements or rights of way
shall be constructed to applicable City standards, with the costs of acquiring
such access and constructing such road improvements to be borne by the
landowners benefited thereby either by such landowner's cash payments, by
special assessment proceedings, advance by the City subject to reimbursement,
any other appropriate method, or a combination thereof; and
(b) The owners and occupants of the lots, tracts, pieces and
parcels of land lying within the boundaries of the assessment district shall
at all times hereafter be entitled to the use and benefit of the road
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improvements to be acquired and constructed herein, and :hat right,
permission, privilege and authority are hereby given and granted to the
present and future owners and occupants of the lands within said assessment
district to connect all road improvements which may hereafter be constructed
within said assessment district by them, or on their behalf, with said road
improvements to be acquired and constructed in these proceedings.
20. It is the intention of this Council to create a special reserve
fund pursuant to and as authorized by Part 16 of Division 10 of the Streets
and Highways Code of the State of California.
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JHHW:SRC;cp 07/30/84 1081S
DESCRIPTION OF WORK
MARINA VILLAGE ASSESSMENT DISTRICT 84 -3
Within the City of Alameda, State of California, the construction and /or
acquisition of the following described improvements (all distances and
measurements are approximate and further reference is made to maps, diagrams
and reports on file or to be filed with the City Clerk of the City of Alameda
for further particulars):
PHASE 1
1. Construct Patton Way between its intersection with Webster Street and
Mariner Square Loop, approximately 800 feet southerly of the southerly portal
of the Posey Tube, and its intersection with proposed Marina Village Parkway,
approximately 2000 feet southerly of said portal, as a four -lane divided
roadway, including a grade separation structure over Webster Street,
intersection improvements at Tynan Avenue, Tinker Avenue, Mariner Square Loop,
Webster street, and Marina Village Parkway, and storm drainage improvements.
2. Construct Marina Village Parkway extension between Patton Way and Webster
Street, approximately 300 feet in length, as a one -lane temporary roadway.
3. Acquire existing Marina Village Parkway improvements between its
intersection with Mariner Square Loop and a point approximately 1700 feet
southeasterly thereof.
4. Acquire existing shoreline cleanup improvements between a point
approximately 300 feet northwesterly of the most northeasterly corner of
Assessor's Parcel No. 074 -1334- 006 -00 and a point approximately due south of
the most northerly corner of Assessor's Parcel No. 074 - 0906 - 048 -00.
5. Acquire existing boardwalk improvements along the shoreline between a
point approximately 300 feet southeasterly of the most northerly corner of
Assessor's Parcel No. 074- 1334 - 004 -00 and a point approximately 550 feet
southeasterly of said corner.
6. Acquire existing improvements to Marina Park, located generally at the
northerly and easterly ends thereof, respectively, landscaping, and a sidewalk
connecting said improvements.
7. Acquire all rights of way and easements, construct all appurtenant
improvements, and incur all incidental expenses necessary to provide the
intended public use and enjoyment of the above described improvements.
PHASE 2
1. Construct Patton Way between its terminus at Marina Village Parkway,
constructed under Phase 1 above, and its intersection with proposed Atlantic
Avenue extension, approximately 1000 feet in length, as a four -lane roadway,
including intersection improvements at Atlantic Avenue extension.
2. Construct Marina Village Parkway between its terminus approximately 1700
feet southeasterly of Mariner Square Loop, acquired under Phase 1 above, and
its intersection with Patton Way, constructed under Phase 1 above,
approximately 2000 feet in length, as a four -lane divided roadway.
3. Construct Atlantic Avenue extension between Webster Street and its
intersection with proposed Marina Drive, approximately 1800 feet in length, as
a four -lane divided roadway between Webster Street and Patton Way and as a
two -lane roadway between Patton Way and Marina Drive, including traffic signal
improvements at Webster Street and a temporary connection to Thau Way.
4. Construct Marina Drive between its intersection with Marina Village
Parkway and its intersection with Atlantic Avenue extension, approximately 600
feet in length, as a three -lane roadway, including intersection improvements
at Atlantic Avenue extension.
5. Construct Independence Drive between its intersection with Marina Village
Parkway and a point approximately 650 feet southeasterly thereof, as a
two -lane roadway.
6. Construct Tynan Avenue between its intersection with Mariner Square Loop
and the westerly line of Assessor's Parcel No. 074 - 1334 - 006 -00, approximately
250 feet in length, as a two -lane roadway, including a grade crossing at the
Southern Pacific rail line.
7. Construct shoreline cleanup improvements between a point approximately 350
feet southerly of the most northerly corner of Assessor's Parcel No.
074 -1334- 006 -00 and a point approximately 700 feet southerly of said corner.
8. Construct boardwalk improvements along the shoreline, between a point on
the most northerly line of Assessor's Parcel No. 074 -1334- 006 -00 and a point
approximately 700 feet southerly of the most northerly corner of said parcel,
approximately 800 feet in length.
9. Construct boardwalk improvements along the shoreline, between its terminus
approximately 550 feet southeasterly of the most northerly corner of
Assessor's Parcel No. 074- 1334 - 004 -00, acquired under Phase 1 above, and a
point at approximately the northerly line of Assessor's Parcel No.
074 -1334- 002 -00, approximately 1050 feet in length.
10. Construct landscaping improvements in the general northerly half of
Marina Park.
11. Construct a sanitary sewer lift station near the westerly line of
Assessor's Parcel No. 074 - 1334- 006 -00, approximately 600 feet northerly of the
EXHIBIT A
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most southwesterly corner thereof, including collection mains along said line
between said lift station and Tynan Avenue and Marina Village Parkway,
respectively.
12. Acquire all rights of way and easements, construct all appurtenant
improvements, and incur all incidental expenses necessary to provide the
intended public use and enjoyment of the above described improvements.
PHASE 3
1. Construct Marina Drive between its terminus at Atlantic Avenue extension,
constructed under Phase 2 above, and its intersection with proposed Sherman
Street extension, approximately 1600 feet in length, as a three -lane roadway.
2. Construct Independence Drive between its terminus approximately 650 feet
southeasterly of Marina Village Parkway, constructed under Phase 2 above, and
its intersection with proposed Sherman Street extension, approximately 1200
feet in length, as a two lane roadway.
3. Construct Sherman Street extension between the northerly terminus of the
existing Sherman Street improvements and a point approximately 850 feet
easterly and 50 feet northerly of the most southwesterly corner of Assessor's
Parcel No. 074 -0906- 048 -00, approximately 2000 feet in length, as a three -lane
roadway and the improvement of the intersection of Sherman Street with Buena
Vista Avenue by signalization and realignment as required.
4. Construct boardwalk improvements along the shoreline, between a point
approximately 200 feet northwesterly of the most easterly corner of Assessor's
Parcel No. 074 - 1334 - 006 -00 and a point approximately 450 feet northwesterly of
said corner.
5. Construct landscaping improvements in the general easterly half of Marina
Park.
6. Construct boardwalk improvements along the shoreline extending from the
existing westernmost craneway (Craneway No. 1) north to the end of Shipway No.
1, thence east to the easternmost craneway (Craneway No. 6), and thence
returning southerly along Craneway No. 6 the width of the public improvements
will generally be 20 feet in width.
7. Acquire all rights of way and easements, construct all appurtenant
improvements, and incur all incidental expenses necessary to provide the
intended public use and enjoyment of the above described improvements.
All of the foregoing work shall be constructed in accordance with the
approved specifications of the City of Alameda and /or any regulated public
utility or other public entity which may ultimately own, operate and maintain
the completed works of improvement. The foregoing description shall not be
deemed to be exhaustive and shall include the acquisition of any required
licenses, permits, franchises and /or rights of entry necessary for the
accomplishment of the foregoing.
EXHIBIT A
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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 regular meeting assembled on the 7th of August, 1984,
by the following vote to wit:
AYES: Councilmembers Gorman, Hanna, Lucas, Monsef and President Diament - 5.
NOES: None.
ABSENT: None.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
official seal of said City this 8th day of August, 1984.
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