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HomeMy WebLinkAboutReso 4613-1967 RESOLUTION NO. 4613 A RESOLUTION OF INTENTION TO ACQUIRE AND CONSTRUCT IMPROVEMENTS CABOT, CABOT & FORBES INDUSTRIAL PARK UNIT NO. RESOLVED, by the City Council of the City of South San Francisco, California, as follows: 1. That in its opinion the public interest and convenience require and that it is the intention of said Council to order the following acquisitions and improvements, tO-wit: a) The reclamation of the land described in Exhibit "B" hereto attached and incorporated herein by reference by the acquisition of the following: A) Acquisition of a partial displacement dike approxi- mately 3220 feet in length with a top width of approximately 24 feet and a top elevation of approximately +9. The acquisition of dewatering and land prepara- tion work as called for in the soils report including: 3. 4. 5. Temporary dewatering pump station. Temporary power line to dewatering pump Station~ Maintenance work as required for the operation of the dewatering pump station. Temporary ditching as required to direct the water flow to the dewatering pump station. Construction of mud blanket and mud dike as recommended by the soils engineer as required for the protection of the partial displacement dike. c) E) Acquisition of reclamation grading for railroad drill tracks (Track "B") at the southerly end of the project as shown on WH~B Drawing No. 212-0901- 20-E2, Sheets I and 2, dated July 2, 1965. Labor and materials as required for the protection of the above described land reclamation work. The.reclamation of the lands within the boundaries of the reclamation area described in Exhibit '~" by grading and filling to the minimum grades estab- lished by the Department of Public Works of the City of South San Francisco, including the planting of slopes resulting from the removal of earth for said reclamation and the protection of said lands from erosion and slides. b) The construction of all public easements and public streets wi~hinsaid area. by grading, paving, subbase, cUrbs~ gutters~ sidewalks~ sanitary sewer system~ storm drainage system, electrolier system, fire alarm system, street signs and monuments, all of the design to be in accordance with the requirements of the City of South San Francisco. The acquisition or'right of service and use in water mains~ fire hydrants and appurtenances. c) H) The acquisition of all lands and easements, property and facilities and the dOing of all work auxiliary to any of the above and necessary to Complete same. 2. That proceedings shall be taken pursuant to appropri- ate laws for the vesting or transfer of title to and the owner- ship, maintenance and operation of underground utilities by appropriate public utility companies as determined by this Council. 3. 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 shall be shown on the plans to be done therein. Said streets and highways are or will be more par- ticularly shown in the records in the office of the County Recorder of San Mateo County, California, and shall be shown upon the plans herein referred to and to be filed with the City Clerk of said City. All of said work and improvements have been or are to be constructed at the places and in the particular loca- tions, 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. 6. Notice is hereby given of the fact that in many cases said work and improvement has brought or 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 has been or will be done to said changed grades. 7. Said 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 the City of South San Francisco. 8. The descriptions of the acquisitions and improve- ments 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 provided in subdivisions (a) and (b) of Section i hereof, as contained in the Engineer's report~ shall be controlling as to the correct and detailed description thereof° 9. The total estimated cost of said project is the sum of $B,500,000, of which the estimated cost of the work pro- vided in subdivision (a) of Section I is the sum of $1,880~800~ the estimated cost of the work provided in subdivision (b) of Section i is the sum of $961,600, and the estimated cost of contingencies and incidentals is the sum of $65?,600° 10. Said contemplated acquisitions and improvements~ in subdivision (b) of Section l, in the opinion of the Council, are of more than local or ordinary public benefit and said Council does hereby make one-half of the costs and expenses thereof chargeable upon an assessment district, which district said Council declares to be the district benefited thereby, the exterior boundaries of which are more particularly described in the Exhibit hereto attached and made a part hereof by reference, entitled "Map of Boundaries of Cabot, Cabot & Forbes Industrial Park Unit No. 2-A". The remaining one-half of the costs and expenses of said acquisitions and improvements will be paid from the construction fund for the assessment district identified as Cabot~ Cabot & Forbes Industrial Park~ Unit No. 2. ll. That all of the lands described in Exhibit "B" of this resolution are being reclaimed, and, in the opinion of the Council, the costs of said reclamation, described in subdivision (a) of Section l, are of more than local or ordinary public benefit, and one-half of said costs and the expenses incidental thereto are hereby made chargeable upon the lands hereby declared to be the lands benefited thereby~ the exterior boundaries of which are the exterior boundaries of the lands described in Section 10. The remaining one- half of the costs and expenses of said reclamation work will be paid from the construction fund for the assessment district identified as Cabot, Cabot & Forbes Industrial Park, Unit No. 2~ the combined areas of said two assessment districts being the total lands reclaimed and described in Exhibit "A". 12. It is deteEnined and declared that all public streets and highways within said assessment district in use in the performance of a public function as such shall be omitted from the assessment hereafter to be made to cover the costs and expenses of said acquisitions and improvements. 13. It is hereby declared to be the intention of the City Council to order that the expenses of maintaining and operating each~ every and all of the improvements described in subdivision (a) of Section I of this resolution~ as the same shall have been finally acquired, constructed and installed~ after having made such changes and modifications therein as shall have occurred during the conduct of the proceedings to be had pursuant hereto, as authorized in the Act pursuant to which these proceedings are taken, including but without limiting the generality of the foregoing, the displacement dike constructed or to be constructed in the San Francisco Bay along the exterior boundary of the lands to be reclaimed, the drying, displacement of mud, filling and compaction of the lands to be reclaimed, the cutting, bench- ing, sloping, draining and planting of the lands within the district from which the earth materials used in said reclama- tion are obtained, and any and all of the improvements, additions, extensions and replacements of any thereof which may hereafter occur, and specifically, but without limiting the generality of the foregoing, any settlement of any of said lands so reclaimed and any slippage of or sliding in the displacement dike and in the benches and slopes of the lands from which the reclamation materials are removed, including the cost of necessary repairs, replacements, fuel, power, electrical current, care, supervision, and any and all other items necessary for the proper maintenance and operation thereof, including any costs for. constructing any additional dikes, levees and walls of rock or other materials which may become necessary for the protection of said lands from over- flow by water, and including the restoration to the original level herein established therefor of the lands reclaimed after having applied thereto the amount established in the plans, specifications and reports therefor for reasonable permanent settlement or any increase thereof deemed reason- ably advisable therefor; and including the amount of any Judgment, or Judgments, rendered in any action for direct or inverse eminent domain for any taking or damage growing out of the work and improvements in the manner designed or per- formed not otherwise provided therefor in the original assess- ment levied pursuant hereto or for damages by reason of the design, execution or performance of said work and improvements or resulting therefrom, or the amount of any settlement of 5 any such action or of any claim therefor without action, shall be assessed upon the real property lying within the boundaries of the existing Cabot, Cabot & Forbes Industrial Park Unit No. 2 Maintenance District, formed pursuant to Resolution of Intention No. 4236, adopted by thisCouncil on June 28, 1965, as subsequently amended, which district and the real proper- ties therein are hereby declared to be the district and real properties benefited by and to be assessed to pay costs of the maintenance and operation of the improvements proposed to be maintained, including, but not limiting the generality thereof, all other costs herein described, inherent, germain or inci- dental thereto; the amounts so assessed to be levied as an annual ad valorem special assessment tax upon the real property within said maintenance district in amounts sufficient there- for for the ensuing year, and collected, in addition to, in the same manner, at the same time, and in the same install- ments, and become delinquent at the same times and in the same proportionate amounts and bear the same proportionate penalties and interest after delinquency, and be subject to the same provisions for redemption or sale for nonpayment, as are general City taxes on real property; provided, however, that if any claim, action or Judgment shall be determined by the Council or by any court or other tribunal of competent Juris- diction to not be a proper claim against the maintenance dis- trict, it shall be the subject of a supplemental assessment or reassessment as intended to have been included in the original assessment. lt. The right is reserved to make contributions and receive contributions, one from the other, to the end that all of the costs and expenses of the acquisitions and improve- ments for Cabot, Cabot & Forbes Industrial Park Unit No. 2 and Cabot, Cabot & Forbes Industrial Park Unit No. 2-A shall be divided and assessed equally therein. 6 15. Notice is hereby given that serial bonds to repre- sent the unpaid assessments, and bear interest at the rate of not to exceed six per cent (6%) per annum, will be issued here- under in the manner provided in the Improvement Bond Act of 1915, Division l0 of the Streets and Highways Code, the last installment of which bonds shall mature not to exceed twenty- four (24) years from the second day of July next succeeding ten (10) months from their date. The provisions of Part ll.1 of said Act, providing an alternative procedure for the advance payment of assessments and the calling of bonds, shall apply. 16. Except as herein otherwise provided for the issuance of bonds~ all of said improvements shall be done pursuant to the provisions of the Municipal Improvement Act of 191S. l?. Reference is hereby made to proceedings had pursuant to Division 4 of the Streets and Highways Code on file'in the office of the City Clerk. 18. Said proposed acquisitions and improvements are hereby referred to the Engineer of Work, being a competent person employed by said Council for that purpose; and said Engineer is hereby directed to make and file with the City Clerk of said City a report in writing presenting the follow- ing as to the work to be done pursuant to subdivisions (a) and (b) of Section i hereof: a) Maps and descriptions of the lands and ease- ments and work to be acquired; b) Plans and specifications of the proposed improvements to be made pursuant to this Resolution of Intention; c) Engineer's statement of the itemized and total estimated 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 Resolution of Intention, each of which subdivisions shall be given a separate number upon said diagram; and e) A proposed assessment of one-half of the total amount of the costs and expenses of the proposed 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 acqui- sitions and improvements~ and of the expenses incidental thereto. 19. If any excess shall be realized from the assess- ment, it shall be used, in such amounts as the 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 the City, provided that the amount of any such transfer shall not exceed the lesser of $1~000 or five per cent (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. 8 I hereby certify that the foregoing resolution was regularly intro- duced and adopted by the City Council of the City of South San Francisco at a regular meeting held this 16th day of January, 1967, by the following vote: AYES, COUNCILMEN NOES, " ABSENT, Frank J. Bertucelli, Patrick E. Ahern, Emilio Cortesi and Guido J. Rozzi None Andrew Rocca ATTEST: City-~rk ~'622-0108- 21 EXHIBIT B REVISION NO. 2 PROPOSED RECLAMATION AREA CABOT~ CABOT & FORBES INDUSTRIAL PARK All that certain real property situate in the City of South San Francisco, County of San HateD, State of California, being a portion of the lands conveyed by deed from Bethlehem Steel Company to Cabot, Cabot & Forbes California Properties, Inc., recorded March I0, 1964, in Volume /4663 of Official Records of San Hated County at Page 546, said real property being more particularly described as follows: BEGINNING at a point on the boundary of the lands described in said deed said Point of Beginning being the northeasterly corner of the lands des- cribed in deed from South San Francisco Union Stock Yards Company to Swift and Company recorded July 17, 1936 in Book 699 of Official Records of San HateD County at Page 248; thence from said Point of Beginning along the northerly line of last said lands WEST 590.19 feet to a point thereon, last said point being a point on the southeasterly,line of Lot 1, Block 4, as said Lot and Block are shown on that certain map entitled ~ICABOT, CABOT & FORBES INDUSTRIAL PARK UNIT NO, 1, SOUTH SAN FRANCISCO, SAN HATEO COUNTY~ CALIFORNIAf~, filed for record in Book 61 of Haps at Pages 45 through 49, San Mated County Records; thence leaving last said northerly line along the southeasterly, northeasterly and northerly lines of the lands shown on last said map the following courses: N 33o20~00~j E 365.00 feet, EAST 113.55 feet, N 33o20J00'' E 267.14 feet, N 32°03~!2" W 121.79 feet, thence from a tangent which bears N $7°56t48'' E northeasterly along the. arc of a curve to the left having a radius of 368.39 feet and a central angle of 28°O8~07'f, an arc distance of 180.90 feet, tangent to the preceding curve N 29°48~41'' E 159.94 feet, N 60°!1~19~' W 20.00 feet, N 21°38~25~ E 162.11 feet, thence tangent to the preceding course along the arc of a curve to the right having a radius of 317.72 feet and a central angle of 2~°34~02~', an arc distance of 136.23 feet, tangent to the preceding curve N 46o12~27'' E 856.72 feet, thence from a tangent which bears N 76°17t41~ W northwesterly along the arc of a curve to the right having a radius of 450.00 feet and a central angle of 36°17~ql~ an arc distance of 285.06 feet, tangent to the preceding curve N qOoO0~00~ 237.8/4 feet, N 50°OO~O0I' E 90.72 feet, N $0o00~OO'~ W 131.40 feet, thence tangent to the preceding course along the arc of a curve to the left having a radius of 392.25 feet and a central angle of 72oo0~00'~, an arc distance of 492.92 feet, and tangent to the preceding curve S 58°00~00'' W 427.82 feet to a point on the last said northerly line, last said point being the most easterly corner of Lot !1, Block 16, as last said Lot and Block are shown on that certain map entitled ~'SOUTH SAN FRANCISCO INOUS- TRIAL PARK UNIT NO. 3-B, SOUTH SAN FRANCISCO, SAN HATED COUNTY, CALIFORNIA", filed for record in Book 62 of Haps at Page 3 through 8, San Hated County Records; thence along the southeasterly line of lands shown on last said map N Z1~o24~3~~! W 28.59 feet to the most southerly corner of Lot 9, Block as last said Lot and Block are shown on last said map; thence, continuing //622-0108-21' Page- - 2~ ' along the last said southeasterly line N 53°04'05'' E 460.00 feet to the most easterly corner of the lands shown on last said map, last said point being the most southerly corner of the land shown on that certain map entitled "SOUTH SAN FRANCISCO INDUSTRIAL PARK UNIT NO. 3A, SOUTH SAN FRANCISCO, SAN MATEO COUNTY, CALIFORNIA'~, filed in Book 60 of Maps at Pages 27 through 28, San Mateo County Records; thence along the south- easterly and easterly lines of last said lands the following courses: N 53°04'05'' E 60.51 feet, N 76o51'42'' E 814.59 feet and N 0o04'35" W 367.80 feet to a point on the northerly line of Tide Lot 10 in Section 23, Township 3 South, Range 5 West, Mount Diablo Base and Meridian, as said Tide Lot is shown on that certain map entitled "MAP NO. 1 OF SALT MARSH AND TIDE LANDS SITUATE IN THE COUNTY OF SAN MATEO, STATE OF CALIFORNIA", approved by the State Board of Tide Land Commissioners, September 25, I871, last said point being a point on the boundary of the land described in the first above mentioned deed; thence, along last said line and the northerly lines of Tide Lots 10, ll and 12 as said Tide Lots are shown on the last said Map N 89°55'25'' E 1800.00 feet to a point thereon, last said point bain9 a point on the northerly line of said Tide Lot 12; thence leaving last said lines S OO04'35'' E 445.67 feet; thence, S 57°30'00'' E 75.68 feet; thence tangent to the preceding course along the arc of a curve to the right having a radius of 2300.00 feet and a central angle of 28°30'OO'', an arc distance of 1144.06 feet; thence tangent to the precedin9 curve along the arc of a curve to the right having a radius of 1450.00 feet and a central angle of 45o50'i3'', an arc distance of !!60.OI feet; thence WEST 771.67 feet to a point on the boundary of the lands described in the said deed to Cabot, Cabot & Forbes California Properties, Inc., thence along last said line the following courses: N 10o45'24'' E 83.24 feet to Point 161 of Meander Line of Ordinary High Tide as last said line is shown on the aforesaid map No. ! of Salt Marsh and Tide Lands; thence continuing along the said boundary of lands of Cabot, Cabot & Forbes California Properties, Inc., and said Meander Line N 30°25'25'' E 85.80 feet and N 22°04'35'' W 115.65 feet to a point thereon; thence leaving said Meander Line and continuing along the said boundary of lands of , Cabot, Cabot & Forbes California Properties, Inc., S 89045'23'' W 751.91 feet, S 3°15'23'' W 949.39 feet, N 86°44'37'' W 852.94 feet, S 0Ol4'37" E 259.34 feet, S 89°45'23'' W 969.56 feet, S Ool4'37" E 112.78 feet; thence from a tangent which bears N 60o04'05'' W northwesterly along the arc of a curve to the left having a radius of 537.23 feet and a central angle of 4°19'35'', an arc distance of 40.57 feet, tangent to the preceding curve N 64023'40'' W 74.32 feet, thence tangent to the preceding course along the arc of a curve to the left having a radius of 1090.43 feet and a central angle of 9°30'00'', an arc distance Of 180.80 feet,N 42022'00'' E 57,93 feet, EAST 164.80 feet and N 0°04135" W 360.01 feet to the Point of Beginning. #622-0108-21 Page -3- EXCEPTING THEREFROM all that certain 2.000 acre parcel of land des- cribed as 'Tract Two" in the Deed from South San Francisco Land and Improvement Company to South San Francisco ~/ater Company, recorded in Book 145 of Deeds at Page 451, San Mateo County Records. The above described parcel contains a net area of 189.784 acres of land, more or less. APPROVED: _ MAP OF CABOT, CA BOT & FO R BES BC I]~ SOUTH SAN FRANCISCO, JANUARY, 1967 WlL: N ,. Al. 8¢'44~7"W. "... $.c,,4ooo,oo£. /~ 5NDARY OF, DUST RI AL PARK UNIT NO.. N MATEO COUNTY, CALIFORNIA SCALE: I"= :300' -.'Y 8~ HAM