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HomeMy WebLinkAboutCity Council Resolution 415 WJ[:.ZL: JS: amf 4-16 -68 t OC RESOLUTION NO. A RESOLUTION DETERMINING COMPLIANCE WITH DIVISION 4 0F THE STREETS AND HIGHWAYS CODE, AND DETERMINING TO UNDERTAKE PROCEEDINGS PURSUANT TO SPECIAL ASSESSMENT AND ASSESSMENT BOND ACTS FOR ACQUISITION AND CONSTRUCTION OF IMPROVEMENTS WITHOUT FURTHER PROCEEDINGS UNDER SAID DIVISION VERDE VISTA NO. 2 IMPROVEMENT PROJECT RESOLVED, by the City Council of the City of Ssratoga, California, that WHEREAS, a written petition for undertaking proceedings pur- suant to special assessment and asesssment bond acts~ and to assess the costs thereof upon the properties benefited, and wsiving pro- ceedings under Division 4 of the Streets and Highways Code, signed by the owners of more than 60% in ares of the properties proposed to be assessed, have been filed with the City Clerk of said City for the acquisition and construction of the following improvements~ to wit: (a) The acquisition of property necessary for the opening of a new half street in and along the southerly side of that certain privste road known as Verde Vista Lane from Highway 85, running thence westerly at right angles 1800 feet~ more or less, and the improvement thereof by clearing, grubbing, grading and the removal of existing treest shrubs and structures and the construction therein of base, pavement, curbs, gutters, sidewalks, where required, and surface end subsurface storm drainage facili- ties where necessary, together with all appurtenances thereto. (b) The acquisition of all lands and easements snd the performing of all work auxiliary to shy of the above necessary to complete the same. WHEREAS, the costs and expenses of said contemplated acquisi- tions and improvements are to be chargeable upon an assessment dis- trict consisting of the composite and consolidated area shown on the mad thereof on file in the office of the City Clerk snd which indicates by a boundary line the extent of the territory included in the proposed district and which shell govern for all details ss to the extent of the assessment district; WHEREAS, said proceedings are in whole or in part for the financing of the acquisition and construction of improvements to be initiated under a contract entered into or proposed to be entered into between the Subdivider and the City of Saratoga, pursuant to Section ll6!l of the Business and Professions Code~ WHEREAS, the subdividers, pursuant to Section 2804.1 of the Streets and Highways Code, have submitted written evidence satis- factory to this Council that the total estimated amount of the proposed assessment will not exceed seventy-five per cent (75%) of the estimated fair market value of the land proposed to be assessed after the proposed public improvements shall have been acquired and constructed and the Council is fully informed in the premises; WHEREAS, said owners have furnished the City Clerk with their affidavit, and any additional evidence which said Clerk map have required, concerning the existence of mortgages or deeds of trust on said land proposed to be subdivided and the names of any mortga- gees or beneficiaries thereunder~ as required by Section ~804.R of the Streets and Highways Code; WHEREAS, the public interest and convenience will be served by the taking of said proceedings; NOW, THEREFORE, IT IS HEREBY FOUND, DETERMINED and ORDERED, that all of the owners of more than 60% in area of the property subject to assessment for said acquisition snd construction of im- provements who appear to be such on the Assessor's roll on the day that said 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, ss further defined in Section of the Streets and Highways Code, have signed and filed with the City Clerk a written petition for the acquisition and construction of improvements pursuant to appropriate special assessment and assess- ment bond acts, without further compliance with the provisions of Division 4 of the Streets and Highways Code. IT IS FURTHER FOUND, DETERMINED and ORDERED that the total estimated amount of the proposed assessment will not exceed seventy- five per cent (Y5%) of the estimated fair market value of the land proposed to be assessed after the proposed acquisition and construc- tion of public improvements. IT IS FURTHER FOUND, DETERMINED and ORDERED that said owners, as specified in Section 2804 of the Streets and Highways Code, have furnished the City Clerk with their affidavit and any additional evidence which said Clerk may have required, concerning the exist- ence of mortgages or deeds of trust on that portion of said lands to be assessed which is for the financing of the acquisition and construction of improvements to be initiated under s contract entered into or proposed to be entered into pursuant to Section ll611 of the Business and Professions Code, and the names of any mortgagees or beneficiaries thereunder, and said City Clerk has not required any additional evidence over and above said affidavits and additional evidence referred to above, all in strict compliance with the requirements of Section 2804.2 of the Streets and Highways Code. IT IS FURTHER FOUND, DETERMINED and ORDERED that said proceed- ings shall be had pursuant to the Municipal Improvement Act of 1913 and bonds upon the unpaid assessments thereof shall be issued pur- suant to the Improvement Bond Act of 1915. IT IS FURTHER FOUND, DETERMINED and ORDERED that the pro- visions of Division ~ of the Streets and Highways Code other than those referred to heroin be, and they are hereby, dispensed with. I hereby certify that the foregoing is s full, true and correct cop~ of Resolution duly passed and adopted by the City Council of the City of Saratoga, California, st s meeting thereof held on the 1?th day of Apt!! ...... , 196 ~s , by the following vote of the members thereof: AYES, and in favor thereof~ Councilmen: Hartsnan, Robbins, Smith, Tyler NOES~ Councilmen~ None ABSENT, Councilmen: Clannon /// i>/ A~PPROVED ~