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Resolution 12195oved as to Form >- RESOLUTION NO. 12195 A RESOLUTION DETERMINING TO UNDERTAKE PROCEEDINGS WITHOUT FURTHER ACTION UNDER DIVISION 4 OF THE STREETS AND HIGHWAYS CODE CITY OF ALAMEDA Harbor Bay Business Park Assessment District 92 -1 RESOLVED by the City Council (the "Council ") of the City of Alameda (the "City'), County of Alameda, State of California, that WHEREAS, a written petition for undertaking proceedings pursuant to special assessment and assessment bond acts, and to assess the cost thereof upon the properties benefited, and waiving proceedings under Division 4 of the Streets and Highways Code of California, signed by the owners of more than 60% in area of the properties proposed to be assessed, has been filed with the City Clerk for the making of the acquisitions and improvements described on Exhibit "A" attached hereto and made a part hereof; WHEREAS, the costs and expenses of said acquisitions and improvements are to be chargeable upon an assessment district, the exterior boundaries of which are the coterminous exterior boundaries of the composite and consolidated area shown on the map thereof on file in the office of the City Clerk, to which reference is hereby made for further particulars; p WHEREAS, the public interest and convenience will be served by the taking of the proceedings; NOW, THEREFORE, IT IS ORDERED as follows: 1. All of the owners of more than 60% in area of the property subject to assessment for said acquisitions and improvements who appear to be such on the Assessor's roll on the day that the petition was filed, or, in the case of transfers of land or parts thereof subsequent to the date upon which the last Assessor's roll was prepared, appear to be such on the records in the County Assessor's office which the County Assessor will use to prepare the next ensuing Assessor's roll, have signed and filed with the City Clerk a written petition for said acquisitions and improvements and a written waiver of investigation proceedings under Division 4 of the Streets and Highways Code of California. 2. That the provisions of Division 4 of the Streets and Highways Code of California, other than those which relate to the foregoing findings, determinations and orders, shall not apply to the making of said acquisitions and improvements, and proceedings therefor shall be had pursuant to the Municipal Improvement Act of 1913 and bonds shall be issued pursuant to the Improvement Bond Act of 1915, without further proceedings under said Division 4. EXHIBIT A CITY OF ALAMEDA Harbor Bay Business Park Assessment District 92 -1 DESCRIPTION OF WORK Within the City of Alameda, County of Alameda, State of California, the construction and/or acquisition of the following public improvements, including the acquisition of all lands, easements, rights -of -way, licenses, franchises, and permits and the construction of all auxiliary work necessary and/or convenient to the accomplishment thereof, (including but not limited to the removal and disposal of toxic materials related to the public improvements), in accordance with plans and specifications to be approved by the City of Alameda: 1. The acquisition by payment of amounts necessary to eliminate existing fixed special assessment liens previously imposed on any assessment parcel within Harbor Bay Business Park Assessment District 92 -1. 2. Extension of Harbor Bay Parkway from its existing point of termination, northwesterly to a point on the northwestern boundary of Assessor Parcel No. 74- 1040 -37, a distance of approximately 1,700 feet, including all required demolition, clearing, grubbing, grading and the installation of all required storm drainage, water, sewer and utility facilities, road base, asphalt concrete, curbs, gutters, sidewalks, street lights, traffic signals, signage, striping, monuments and all required appurtenances, and a traffic control gate. 3. Landscaping in and along Harbor Bay Parkway, commencing approximately 250 feet east of its intersection with North Loop Road and extending to Bay Edge Road, including all required lighting, ornamental features, grasses, ground cover, shrubs, trees and required irrigation systems and controls, a distance of approximately 4,300 feet, and landscaping in and along North Loop Road, as required. 4. Realignment of Maitland Drive from a point approximately 900 feet northerly from the present intersection of Maitland Drive and Harbor Bay Parkway, and thence easterly, within the new alignment to a new intersection with Harbor Bay Parkway, approximately 250 feet easterly of the present intersection, including all required demolition, clearing, grubbing, grading and the installation of all required storm drainage, water, sewer and utility facilities, road base, asphalt concrete, curbs, gutters, sidewalk, street lights, traffic signals, signage, striping, monuments and all required appurtenances and conforming improvements at Harbor Bay Parkway. 5. Storm drainage improvements, other than those in the above streets, including all excavation, removal of existing facilities, grading, storm drainage channels, structures, pipes, outfalls, appurtenances, backfill, compaction and surcharge. 6. Public bus shelters, including foundations, structures and signage along Harbor Bay Parkway from Maitland Drive to Bay Edge Road, South Loop Road and North Loop Road. 7. A portion of Cross - Airport Road improvements, including all required studies, surveys, environmental, wetlands, soils and other required reports and investigations, maps, diagrams, specifications, and related documentation required for the construction thereof, and construction including required clearing, demolition, grading, storm drainage, water, sewer and utility facilities, road base, asphalt concrete, curbs, gutters, sidewalks, street lights, traffic signals, signage, striping, monuments and all required appurtenances and conforming improvements at Harbor Bay Parkway. A -1 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 fourth day of February, 1992, by the following vote to wit: AYES: Councilmembers Arnerich, Camicia, Lucas, Roth and President Withrow - 5. NOES: None. ABSENT: None. ABSTENTIONS: None. IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this fifth day of February, 1992. Diane B:' Felsch, City Clerk City of Alameda