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HomeMy WebLinkAboutCity Council Resolution 541 ~,IML:PDA:sp 6, .~/70 15c RESOLUTION NO. S41 A RESOLUTION ORDERING FORMATION OF THE GREENBRIER PARK MAiNTENANCE DISTRICT RESOLVED, by the City Council of the City of Saratoga, Cali- fornia, that WHEREAS, pursuant to Chapter 26, Part 3, Division 7 of the Streets and Highways Code, the Improvement Act of 1911, the City Council of said City did on the 20th day of May, 1970, adopt its Resolution of Intention No. 538 to Form the Greenbrier Park Maintenance District in said City, which is to be designated as '"GREENBRIERPARKMAIN~NCE DISTRICT"; WHEREAS, said Council did declare in said Resolution its intention to order that the expense of maintaining and operating all'decorative walls and parkways; posts, wires, pipes, conduits, lamps, and other suitable and necessary appliances for the purposes of lighting streets, places or public ways; water mains and sprinkler systems3 and ornamental planting including lawns, Shrubs and trees, now existing or hereafter to be constructed in or for said Maintenance District, and of benefit to said MainSenance District but not of benefit to the City of Saratoga, as a whole, including the cost of necessary repairs, replacements, water, fuel, power, gas, electric current, care, supervision and any and all other items necessary for the proper maintenance and operation thereof, shall be assessed wholly upon the real property within said Maintenance District, as hereinafter described, which district said Council determined would be the district benefited by the maintenance and operation Of said improvements, and that the amounts so assessed were to be levied and collected in the same manner and'~by the same officers as taxes for City purposes are collected; and WHEREAS, said Resolution was duly published, and notices of its passage were duly posted and mailed for the time and in the form and manner provided by law, all as more particularly appears from the affidavits thereof on file in the office of the City Clerk; NOW, THEEFOE, IT IS HEREBY ORDERED as follows: 1. That the public interest and convenience require the formation of a Maintenance District, which District is hereby formed for the maintenance and operation of all decorative walls and parkways; posts, wires, pipes, conduits, lamps, and other suitable and necessary appliances for the purposes of lighting streets, places or public ways; water mains and sprinkler systems; and ornamental planting including lawns, shrubs and trees, now existing or hereafter to be constructed in or for said Maintenance District, and of benefit to said Mainten- ance District but not of benefit to the City of Saratoga as a whole~ which District said Council hereby determines will be the District beneflted by the maintenance and operation of said imp roveme nt s. 2. That all of the lands contained within the said Maintenance District are benefited by the improvements to be maintained by said District, and that all lands included in the description of said District in said Resolution of Intention but not included within the territory hereinafter described are not benefited by being within said Maintenance District. 3. That said District be, and it is hereby, designated as "Gre r Park , enbrie Maintenance District" by which name it shall hereafter be referred to in all subsequent proceedings, including proceedings for the levy. and collection of taxes, and that said amount so assessed shall be levied and collected in the same manner and by the same officers as taxes for City purposes are levied and collected. 4. That the District and the boundaries thereof benefited and to be assessed for the maintenance and operation of the improvements so described, are situate in the City of Saratoga, County of Santa Clara, State of California, and are more particu- larly described in Exhibit "A" attached hereto and by reference incorporated herein. 5. That the City Clerk shall file a certified copy of this Resolution in the office of the County Assessor of Santa Clara County, and that said County Assessor shall hereafter, in making up the City assessment roll, segregate the property included within said District on the assessment roll under the designation contained in this resolution, atl as required by Section 5829 of the Streets and Highways Code of the State of California. 6. That the City Clerk shall file a certified copy of this resolution and the map or plat, indicating the boundaries of said District with the State Board of Equalization and said County Assessor, as required by Section 54900, et seq., of the Government Code of the State of California. , , , , I hereby certify that the foregoing is a full, true and correct copy of Resolution duly passed and adopted by the City Council of the City of Saratoga, California, at a meeting thereof held on the 17th day of.: June . , 1970, by the following vote of the members thereof: AYES, and in favor thereof, Councilmen: Councilmen Robbins, Smith, Owyer, Sanders, Bridges NOES, Count ilmen :None ABSENT, Councilmen: ~.~one Cit; rk of the of Saratoga A~PROVED: Mayor 3 WJML:PDA:m 3-15'70 45c EXHIBIT "A" GREENBRIER PARK MAINTENANCE DISTRICT All that certain real property situate in the City of Saratoga, County of Santa Clara, State of California, more particularly described as follows: BEGINNING at a point that is North 87°05'39" West 378°88 feet~ and North 59°55'06'' West 22°69 feet from the intersection of the centerline of Cox Avenue with the centerline of Sea Gull Way as shown on that certain Map of Tract 4.628, recorded on April 30~ 1969 in Book 252 of Maps at Pages ~2 and 43, Santa Clara County Records~ said Point of Beginning lying on the northeasterly right-of-way line of Southern Pacific Railroadc THENCE continuing northwesterly along said northeasterly Southern Pacific Railroad right-of-way line for a distance of 2245 feet~ more or less, to the point of intersection with the projected southeasterly line of Lot 70, Tract llll, as shown on that certain map recorded on April 22, 1953~ in Book ~.2 of Maps at Page 31~ Santa Clara County Records; THENCE leavin~ said Southern Pacific Railroad right-of-way line and run- ning North 34 09'25" East 130.02 feet; THENCE North 49~45~4,9'' East 73093 feet; THENCE South 48~06~31'' East 69°53 feet; THENCE South 59~58~ East 475 feet; THENCE North 30~02~ East 310=00 feet; THENCE South 59°58' East 9°96 feet; THENCE North 17~01~ East 322~34 feet; THENCE North 42~32' West 74~4~. feet; THENCE North 1"]8~30'' West 185o32 feet~ THENCE North 88 21~30'' East 674o47 feet to a point on a curve to the right~ concave to the Southwest with a radius of 175o00 feet and a central angle of 47~00~30"; THENCE along said curve for a distance of 143.58 feet; THENCE North 45~22"00'' East 149o49 feet to a point on the southwesterly right-of-way line of the proposed West Valley Freeway; THENCE along said southwesterly right-of-way line of the proposed West Valley Freeway South 33°09~05' East 727o12 feet to a point on a curve to the left, concave to the Northeast, with a radius of 3600~00 feet and a central angle of 12~46'17"; THENCE along said curve for a distance of 802~45 feet; THENCE South ~.5~55~22'I East 319o83 feet; THENCE South 58~38~28" West 131.55 feet to a point on a curve to the right.(tangent bearing South 31~21'32'' East) concave to the Southwest~ with a radius of 290~00 feet and a central angle of 34~15753"; THENCE along said curve for a distance of 173o43 feet; THENCE South 2~54~21'' West 54.41 feet; THENCE South 5°38~39'' West 50°06 feet to a point on a curve to the right, concave to the Southeast, with a radius of 20°00 feet~ and a central angle of 33~42~37"; THENCE along said curve for a distance of 11o77 feet; THENCE South 6~33'20'' East 117o09 feet; THENCE South 3:00'00'' West 12~00 feet; THENCE North 87~00~00~I West 828o9~ feet to the TRUE POINT OF BEGINNING~