Loading...
HomeMy WebLinkAboutCity Council Resolution 21767~71 ~ WMAM:PDA:rva 08/21/84 12c RESOLUTION NO. 2176 A RESOLUTION DETERMINING COMPLIANCE WITH DIVISION 4 OF THE STREETS AND HIGHWAYS CODE, AND DETERMINING TO UNDERTAKE PROCEEDINGS PURSUANT TO SPECIAL ASSESSMENT AND ASSESSMENT BOND ACTS FOR THE ACQUISITION AND CONSTRUCTION OF IMPROVEMENTS WITHOUT FURTHER PROCEEDINGS UNDER SAID DIVISION 4 WATER IMPROVEMENT PROJECT NO. 1984-1 RESOLVED, by the City Council of the City of Saratoga, California, that WHEREAS, a written petition for undertaking proceedings pursuant to special assessment and assessment bond acts, and to assess the costs thereof upon the properties benefited, and waiving proceedings under Division 4 of the Streets and Highways Code of the State of California, as provided in the Municipa! Improvement Act of 1913, signed by the owners of more than 60% in area of the properties proposed to be assessed has been filed with the City Clerk of said City for the acquisitions and improvements more particularly described in Exhibit "A" hereto attached and by reference incorporated herein; WHEREAS, the cost and expenses of said contemplated acquisitions and improvements together with the incidental expenses of said proceedings, 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 a map thereof on file in the office of the City Clerk and which indicates by a boundary~line the extent of the territory included in the proposed district and which shall govern for all details as 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 in the subdivisions to be initiated under the contracts entered into or proposed to be entered into betweeh Teerlink Ranch, Ltd., a partnership, Allen L. Chadwick and Anthony Cocciardi and the City of Saratoga, pursuant to Section 66462 of the Government Code of the State of California; WHEREAS, the subdividers of Teerlink Ranch, Chadwick Place and Mt. Eden Estates, pursuant to Section 2804.1 of said Streets and Highways Code, have submitted written evidence satisfactory to this Council that the total estimated amount of the proposed assessment will not exceed 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 City Council is fully informed in the premises; WHEREAS, said owners have furnished the City with their affidavit, and any additional evidence which said City may have required, concerning the existence of mortgages or deeds of trust on said land proposed to be subdivided and the names of any mortgagees or beneficiaries thereunder, as required by Section 2804.2 of said Streets and Highways Code; and 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 acquisitions and improvements 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, and as further defined in Section 2804.2 of said 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 assessment bond acts, without further compliance with the provisions of Division 4 of said Streets and Highways Code, as provided in said Municipal Improvement Act of 1913. -2- IT IS FURTHER FOUND, DETERMINED and ORDERED that the total estimated amount of the proposed assessment will not exceed 75% of the estimated fair market value of the land proposed to be assessed after the proposed acquisition and construction of public improvements. IT IS FURTHER FOUND, DETERMINED and ORDERED that said owners, as specified in Section 2804 of said Streets and Highways Code, have furnished the City with their affidavit and any additional evidence which said City may have required,.concerning the existence 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 contracts entered into or proposed to be entered into pursuant to Section 66462 of said Government Code, and the names of any mortgagees or beneficiaries thereunder, and said City has not required any additional evidence over and above said affidavit and additional evidence referred to above, all in strict compliance with the requirements of Section 2804.2 of said Streets and Highways Code. IT IS FURTHER FOUND, DETERMINED and ORDERED that said proceedings shall be had pursuant to'the Municipal Improvement Act of 1913, Division 12 of said Streets and ~ighways Code and the bonds upon the unpaid assessments thereof s~all be issued pursuant to the Improvement Bond Act of .1915, Division 10 of said Streets and Highways Code. IT IS FURTHER FOUND, DETERMINED and ORDERED that the provisions of Division 4 of said Streets and Highways Code other than those referred to herein be, and they are hereby, dispensed with. -3- I hereby certify that the foregoing is a full, true and correct copy of a resolution duly passed and adopted by the City Council of the City of Saratoga, California, at a meeting thereof held on the 5th day of September, 1984, by the following vote of the members thereof: AYES, and in favor thereof, Councilmen: Councilmebers Callow, Clevenger, Hlava, Moyles and Mayor Fanelli NOES, Counc i lmen: ASBENT, Councilmen: Nc~e ~ity ~lerk of the f Saratoga APPROVED: (SEAL) ' 3 ..... Mayor ~ -4- EXHIBIT "A" a) The construction of water mains, valves, tees, hydrants and services, where required, together with appurtenances thereto and connections to existing mains and grading of rights-of-way therefor where easements are required; in Pierce Road from the easterly line of the northwest 1/4 of Section 2, T8S, R2W, MDB&M thence southwesterly in Pierce Road 2,300 feet, more or less, to Palomino Way; in Palomino Way, easterly and northerly 540 feet, more or less, to a fire hydrant; in Mt. Eden Road from its intersection with Pierce Road generally northwesterly 7,400 feet, more or less, to a point 700 feet, more or less, easterly of the west 1/4 section line of Section 34, TTS, R2W, MDB&M; from a point on Mt. Eden Road 600 feet, more or less, west of the easterly line of said Section 34, running thence easterly and northerly in an unnamed road 1,000 feet, more or less, to the southerly line of Assessorts Parcel No. 503-12-1, continuing thence in easements to be acquired in Assessor's Parcel No. 503-12-1 in a northerly and easterly direction a distance of 1,200 feet, more or less, to a point 300 feet, more or less, south of the northerly line of said Assessor's Parcel No. 503-12-1 and 500 feet, more or less, east of the westerly line of said Assessor's Parcel No. 503-12-1, thence in a westerly and northerly direction 1,500 feet, more or less, in Assessor's Parcel Nos. 503-12-1 and 503-11-9 to a tank site in an enclave in the northwestern corner of Assessor's Parcel No. 503-11-9; from a point in Assessor's Parcel No. 503-12-1 300 feet, more or less, south of the north boundary thereof and 500 feet, more or less, east of west boundary thereof running easterly and southerly 2,300 feet, more or less, in Assessor's Parcel Nos. 503-12-1 and 503-12-24 to the easterly boundary of said Assessor's Parcel No. 503-12-24 100 feet, more or less, from the southwesterly corner of Assessor's Parcel No. 503-15-28; in Via Regina on the northerly line of tl~e southwest 1/4 of the northwest 1/4 of Section 2, TSS, R2W, MDB&M, running thence northwesterly 900 feet, more or less, in Via Regina, thence in easements to be acquired in Assessor's Parcel No. 503-69-26 northeasterly 400 feet, more or less, and northwesterly 400 feet, more or less, to a point on the northerly section line of said Section 2,600 feet, more or less, east of its northwest corner, thence in Assessor's Parcel No. 503-12-7 in a northerly direction 200 feet, more or less, and easterly 700 feet, more or less, to an existing private road in Assessor's Parcel No. 503-12-24, thence southeasterly 800 feet, more or less, in said private road and Quarry Road to the intersection of Quarry Road and Vaquero Court; from a point on Pierce Road at its intersection with Sarahills Drive thence northeasterly 900 feet, more or less, in Pierce Road to Chalet Clotilde Drive, thence northerly 250 feet, more or less, in Chalet Clotilde Drive to its northerly terminus, thence northwesterly 300 feet, more or less, in easements to be acquired, through Assessor's Parcel No. 503-51-3 to a point on the northerly line thereof 10 feet, more or less, westerly of the southeasterly corner of Assessor's Parcel No. 503-15-31, thence northerly 300 feet, more or less, in Assessor's Parcel No. 503-15-31 parallel to its easterly boundary to Chiquita Way. b) The construction of a water storage tank, together with controls and appurtenances on property to be acquired at the northwesterly corner of Assessor's Parcel No. 503-11-9 together with the construction of an access road from said water storage tank site running thence easterly and southerly, in easements to be acquired 1,500 feet, more or less, in Assessor's Parcel Nos. 503-11-9 and 503-12-1 to a point 300 feet, more or less, south of the northerly line of Assessor's Parcel No. 503-12-1 and 500 feet, more or less, east of the westerly line of said parcel, thence in a southerly and westerly direction 1,000 feet, more or less, to the terminus of an unnamed street at the southerly line of Assessor's Parcel No. 503-12-1. c) The construction of a water storage tank and booster pump station, including pumps, automatic controls, electrical equipment, piping an{~ valves together with all a purtenances thereto on property to be acquired adjacent to t{e easterly side of Mr. Eden Road 500 feet, more or less, north of the southeasterly corner of Section 34, TTS, R2W, MDB&M. d) The construction of an emergency fire protection road in Assessor's Parcel Nos. 503-12-1 and 503-12-24 extending from a point at the tank access road in Assessor's Parcel No. 503-12-1 300 feet, more or less, south of its northerly line and 500 feet, more or less, east of its westerly line running thence easterly and southerly 2,300 feet, more or less, in Assessor's Parcel Nos. 503-12-1 and 503-12-24 to the easterly boundary of Assessor's Parcel No. 503-12-24 100 feet, more or less, from the southwesterly corner of Assessor's Parcel No. 503-15-28. e) The acquisition of all lands and easements and the performing of all work auxiliary to any of the above and necessary to complete the same. City of Saratoga Water Imp. Proj. No. 1984-1 03/21/84 (ii)