CITY OF ALAMEDA ORDINANCE NO. ______
New Series
APPROVING THE TRANSFER BY QUITCLAIM DEED OF
APPROXIMATELY 0.11 ACRES OF CITY PROPERTY AT THE DEL
MONTE DEVELOPMENT SITE TO ALTA BUENA VISTA OWNER,
LLC, IN EXCHANGE FOR THE CLEMENT AVENUE RIGHT-OF-WAY
BETWEEN ENTRANCE ROAD AND SHERMAN STREET TO THE
CITY PER THE DEVELOPMENT AGREEMENT FOR THE DEL
MONTE WAREHOUSE PROJECT
WHEREAS, on December 2, 2014, City Council approved the Del Monte Warehouse Master Plan and Development Agreement for the 11.06-acre property located at 1501 Buena Vista Avenue; and
WHEREAS, the Development Agreement stipulates that the transfer of the subject
0.11-acre piece of City-owned land to the Developer occur upon the City’s acceptance of the offer of dedication for the Clement Avenue Extension; and
WHEREAS, the 0.11-acre parcel is a portion of the driveway serving the Del Monte project and the Littlejohn Commons Senior Housing development; and
WHEREAS, on October 18, 2016, City Council adopted Resolution 15205 approving the Final Map for Tract 8254 and accepted the offers of dedications and easements as public right of way, subject to improvement, by Alta Buena Vista Owner LLC, the Developer; and
WHEREAS, on April 1, 2019, TL Partners I LP granted an irrevocable offer of dedication to the City for a portion of Clement Avenue, Atlantic Ave, and Sherman Street for public right of way; and
WHEREAS, on April 1, 2019, North Waterfront Cove LLC granted an irrevocable offer of dedication to the City for a portion of Clement Avenue for public right of way; and
WHEREAS, the three offers of dedication together form the Clement Extension per the Development Agreement; and
WHEREAS, on July 12, 2023, the Developer provided correspondence to the City formally requesting implementation of Section 7(c) of the Development Agreement to initiate the property exchange; and
WHEREAS, on September 5, 2023, the City Council accept ed the public improvements associated with the extension of Clement Avenue; and
WHEREAS, by the staff report, testimony, and documentary evidence presented at the September 5, 2023 City Council meeting, the City Council has been provided with additional information upon which the findings and actions set forth in this Ordinance are based.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Alameda:
Section 1. By the passage of this Ordinance, this City Council hereby authorizes the City Manager, or designee, to accept the Clement Extension as City right of way; and authorizes the City Manager, or designee, to execute a quitclaim deed to transfer the City Parcel to the Developer within 15 days of the City’s acceptance of the Clement Extension.
Section 2. If any provision of this Ordinance is held by a court of competent jurisdiction to be invalid, this invalidity shall not affect other provisions of this Ordinance that can be given effect without the invalid provision and therefore the provisions of this Ordinance are severable. The City Council declares that it would have enacted each section, subsection, paragraph, subparagraph, and sentence notwithstanding the invalidity of any other section, subsection, paragraph, subparagraph or sentence.
Section 3. This Ordinance shall be in full force and effect from and after the expiration of thirty (30) days from the date of its final passage.
_______________________________
Presiding Officer of the City Council
Attest:
____________________
Lara Weisiger, City Clerk
* * * * *
I, the undersigned, hereby certify that the foregoing Ordinance was duly and regularly adopted and passed by the Council of the City of Alameda in a regular meeting assembled on the 5th day of September 2023, by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 6th day of September 2023.
___________________________
Lara Weisiger, City Clerk
City of Alameda
APPROVED AS TO FORM:
___________________________
Yibin Shen, City Attorney
City of Alameda