HomeMy WebLinkAboutCity Council Resolution 696-C WJM&L:PDA:s 5/13/74
RESOLUTION NO. ~
A RESOLUTION OF INTENTION TO ACQUIRE AND CONSTRUCT
IMPROVEMENTS AND TO FORM VILLAGE PA2KING DISTRICT
Ng. 2 MAINTENANCE DISTRICT
VILLAGE PARKING DISTRICT NO. 2
RESOLVED, by the City Council of the 'City of Saratoga,
California, 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:
l(a) The acquisition of the property, more particularly de-
scribed in Exhibit "A" hereto attached and by reference incorp-
orated herein, and the improvement thereof by clearing, grubbing,
grading, removal of existing trees, shrubs and structures, where
required, and the construction therein of base,.pavement, wearing
surface, curbs, gutters, surface and subsurface storm drainage
facilities, where required, lighting facilities, striping, driveway
approaches, and landscaping, including irrigation facilities to-
gether with all work auxiliary to any of the above and nec~ssar~
to complete the same as off-street automobile parking facilities,
(b) The improvement of the southerly side of Big Basi~ Way,
Fourth Street and Fifth Street within the limits of the proposed
assessmen~ district by the construction and/or reconstruction, as
required, to meet the standards of the City of Saratoga, of curb
cuts, driveways, sidewalks, curbs, gutters, pavement, surface and
subsurface storm drainage facilities and underground electrical
transmission and distribution facilities and communication facili-
ties together with appurtenances to any of the'above.
(c) The acquisition of all lands and easements and the per-
forming of all work auxiliary to any of the above and necessary
to complete the same.
2. It is intended by the City Council of said City to enter
into'an-agreement with the Pacific Gas & Electric Company, which
agreement will provide for the ownershi]. by said!Company of under-
ground electric facilities in said City to be installed by said
Company, and for the providing of service to the properties in said
area by said Company in accordance with its rates, rules and regula-
tions, and that said agreement shall become effective after pro-
ceedings have been taken for the levy of the assessments and sale
of bonds and funds are available to carry out its terms.
3. It is intended by the City Council of said City to enter
into an agreement with the Pacific Telephone and Telegraph Company,
which agreement will provide for the ownership by said Company of
underground telephone facilities in said City to be installed by
said Company, and for the providing of service to the properties in
said area by said Company in accordance with its rates, rules and
regulations, and that said agreement shall become effective after
proceedings have been taken for the levy of the assessments and sale
of bonds and funds are available to carry out its terms.
4. To the extent that said work, rights, improvements or acqui-
sitions indicated in the Engineer's Report, to be made as provided
heroin, are shown to be connected to the facilities, works or systems
of, or are to be owned, managed and controlled by, any public agency
other than this entity, or of any public utility, it is the inten-
tion of the legislative body to enter into an agreement or agreements
with the public agency or public utility or both pursuant tc
Chapter 2 (commencing with Section 10100) of Division 12 of the
Streets and Highways Code, which agreement or agreements shall pro-
vide for the ownership by said agency or utility of such works, rights,
improvement.s or acquisitions by said agency or utility in accord-
ance with its rates, rules and regulations, and that said agreement
or agreements shall become effective after proceedings have been
taken for the levy of the assessments and sale of bonds and funds
are available to carry out the terms of any such agreement or
agreements.
5. Whenever any public way is herein referred to as running
between twopublic ways, or from or to any public way, the inter-
sections of the public ways referred to are included to the extent
that work shall be shown on the plans to be done therein.
6. Said streets and highways are more particularly shown in
the records in the office of the County Recorder of Santa Clara
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County, California, and shall be shown upon the plans herein re-
ferred to and to be filed with the City Clerk of said City.
7. All of said work and improvements are to be constructed at
the places and in the particular locations, 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.
8. There is to be excepted from the work herein described. any
of such work already done to line and grade and marked excepted
or shown not to be done on said plans, profiles and specifications.
9. Notice is hereby given of the fact that in many cases
said work and improvements 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 will be done to
said changed grades.
10. 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 Saratoga,
11. In cases where there is any disparity in level or size
between the improvements proposed to be made herein and private
property and where it is more economical to eliminate such disparity
........ b~'~o~k'~h Sa'id~ private p~operty than by adjustment of the work on
public property, it is hereby determinec that it~is in the public
interest and more economical to do such work on private properly
to eliminate such disparity. In such cases, said work on private
property shall, with the written consent of the owner of said
property, be done and the actual cost thereof may be added to the
proposed assessment of the lot on which said work is to be done.
12. Notice is hereby given that it is the intention of the
Council to consider adoption of an ordinance authorizing contribu- ~
tions by tne City from any sources of revenue not o~herwise pro-
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hibited by law, or any specified amount, portion or percentage of
such revenues, for the purpose of acquisition or construction of ~
improvements, the acquisition of interest in real property and the
payment of expenses incidental thereto for the use and benefit of
the assessment district, and to consider authorizing application of
such revenues as a credit upon the assessment.
13. The descriptions of the acquisitions and improvements 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 and maps and descriptions as contained in the Engineer's report,
shall be controlling as to the correct and detailed description
thereof.
14. Said contemplated acquisitions and improvements, in the
opinion of said Council, are of more than local or ordinary public
benefit, and the costs and expenses thereof are made chargeable
upon an assessment district, the exterior boundaries of which district
are the composite and consolidated area as more particularly shown
on a map thereof on file in the office of the City Clerk to which
reference is hereby m~de for further particulars. Said map'indi-
cates by a boundary line the extent of the trrritory included in the
proposed district and shall govern for all details as ~ the extent
of the assessment district.
15. Said Council further declares 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 acquisi-
tionsand improvements.
16. Notice is hereby given that serial bonds to represent the
unpaid assessments, and bear interest at the rate of not to exceed
seven percent (7%) per annum, will be issued hereunder in the manner
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provided in the Improvement Bond Act of 1915, Division 10 of the
Streets and Highways Code, the last installment of which bonds ~
shall mature not to exceed fourteen (14) years from the second day
of July next succeedinM ten (10) months from their date. The pro-
visions of Part ll.1 of said Act, providing an alternative procedure
for the advance payment of assessments and the calling of bonds,
shall apply.
17. Notice is further given that should there be publicly
owned operative property within the assessment district, certificates
or serial bonds to represent the unpaid assessments against publicly
owned property in use in the performance of a public function and
bear interest at the rate of not to ~ceed seven percent (TZ) per
annum, will be issued hereunder pursuant to Section 6467 or Chapter
4.5 {commencing with Section 6468), Part 5, Division 7 of the
Streets and Highways Code of the State of California, the improvement
Act of 1911, the last installment of which certificates or bcnds
shall mature not to exceed fourteen (14) years from the second day
of June beginning with the fiscal year next follo~ving the date of
the bonds.
18. Except as he~ein otherwise provided for the issuance of
bonds, all of said improvements shall be done pursuant to the pro-
visions of the Municipal Improvement Act of !913.
19.. 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.
20.. NOTICE IS HEREBY GIVEN that, in the opinion of this
Council, the area contained within said proposed assessment district
are the properties which will be benefited by the maintenance and
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operation of a Parking Maintenance District for ~he purpose of
paying the costs and expenses of acquiring, constructing, recon-
structing, installing, extending, enlarging, repairing, improving,
maintaining and operating off-street automobile parking facilities
and landscaping, including the cost of necessary repairs, replace-
ment, water, electrical current, care, supervision and any and all
other items necessary for the proper maintenance and operation
thereof~ the exterior boundaries of which shall be coterminous
with the exterior boundaries of the assessment district above de-
scribed, and which are more particularly described in Exhibit "B"
hereto attached and by reference made a part hereof, to be known
as "CITY OF SARATOGA VILLAGE PARKING DISTRICT NO. 2 MAINTENANCE
DISTRICT~ pursuant to Section 10108 of the Streets and Highways Code,
and that a hearing will be had on said matter by this Council at
the same time as the hearing on said report, at which time any and
all persons intereste~ may be heard.
21. Said proposed acquisitions and improvements are hereby
referred to the Engineer of Work, being a competent person employed
by said City 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 following:
(a) Maps and descriptions of the lands and easements to be
acquired;
(b) Plans and specifications of the proposed improvements to
be made pursuart 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 subdivisons
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of land within said district as the same existed at the time of
the passage of this Resolution of Intention, each of which sub-
divisions shall be given a separate number upon said diagram;
(e} A proposed assessment 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 acquisitions and improvements, and of the expenses inci-
dental.thereto.
When any portion or percentage of the costs and expenses of
the acquisitions and improvements is to be paid from sources other'
than assessments, the amount of such~portion or percentage shall
first be deducted from the total estimated cost and expenses of said
acquisitions and improvements, and said assessment shall include only
the remainder of the estimated cost and expenses. Said assessment
shall refer to said subdivisions by their respective numbers as
assigned pursuant to subdivision (d) of this Section.
22. Notice is hereby given that, in the opinion of the Council,
the pubIic-interest will not be served by allowing the property
owners to take the contract for the construction of the improvements
and that, pursuant to Section 10502.4 of the Streets and Highways
Code, no notice of award of contract shall be published.
23. If any excess shall be realized from the assessment 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 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.
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I hereby certify that the foregoing is a fuli, 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 ~:5th day of ., June, , 19 F4
by the following vote of the members thereof:
AYES, and in favor thereof, Councilmen:
CounciJmen Smith, Brigham, Krcus, Diridon ~ Bridg-s
NOES, Councilmen: Nor~
ABSENT, Councilmen: None
ga
ayor
EXHIBIT "A"
PARCEL 1
That certain real property situate in the City of Saratoga, County of Santa Clara,
State of California described as follows:
The Northwe.sterly |2 febt of Lots ] l and 12, in Block 6, as shown ul~on that cartab map
entitled, "Plan of the Town of McCartysvHle", which map was filed for record in the
offlceof the Recorder of the County of Santa Clara, State of Californla, on
September 28, 1870 in Book A, page 43 of maps.
PARCEL 2
That certain real property situate in the City of Saratoga, County of Santa Clara,
State of Cal ifornla, described as follows:
The Southeasterly 45 feet o~ the Northwesterly 72 feet of Lots 8 and 9, in Block 6, as shown
upon that certain map entitled, "Plan of the Town' of McCartysville", which map was
filed for record in the office of the,' Recorder of the County of Santa Clara, State of
California, on September 28, 1870 in Book A, page 43 of maps.
PARCEL
That cerla~n 'real property situate in the City of Saratoga, County of Santa Clara,
State of Ca~iforn ia, described as follows:
BEGINNING at the point of intersection of the Northeasterly line of Fourth Street and the line
common to Lots 6 and 7, in Btock 6,. as said lots and streets are shown upon. that certain map
entitled, '*Plan o; the Town of McCartysvjlle", which map was Filed for record in the office of
Recorder of the County of Santa Clara, State of Califomla, on September 28, 1870 in Book A,
page 43 of maps; thence atong said Northeasterly/ine South 47° East 90 feet; thence along
a llne parallel with the centerllne of Big Basin Way, formerly Lumber Street, as said
street is shown on said map herelnabove referred to, North 43° East 50 feet; thence
atong a llne parallel with sa~d Northeasterly l~ne of Fourth Street North '47° West 63 Feet;
thence along a llne parallel with said centerl~ne of Big Basin Way North 43° East 100 feet
to the ~Southwesterly llne of Lot 10, in Block 6, as said bt 'is shown onsald map hereinabove
referred to; thence along said Southwesterly l;ne North 47° West 27 feet to the North-
westerly line of said Lot ~0; thence arong said Northwesterly llne of Lot ]0 and a portion ~
of the Northwesterly line at~ Lot I ], in Bbck 6, as said Lot is shown on said map herein-
a~x>ve referred to, North 43° East 70 feet; thence along a line pardtie[ with said Northeasterly
llne of Fourth Street North 47° West 45 feet; thence along a line parallel with said
centerllne of Big Basin Way South 43° West 60 feet; thence along a line parallel with said
Northeasterly line of Fourth Street South 47° East 5 feet; thence along a line parallel
with sold centerllne of Big Basin Way South 43° West 160 feet to the said Northeasterly tine
of Fourth Street; thence along sold Northeasterly line South 47° East 40 feet to the
l'~o~nt of beg~nnlng.
PARCEL 4
· That ce,taln real property situate in the City of Saratoga, County of Santa Clara,
State of Cal lfomia, described as follows:
BEGINNING at a point on the line common to Lots 3 and 4, in Block 7, distant thereon
South 47° East 100 feet from the intersection of sa~d common llne with the
Southeasterly line of Big Basin Way, formerly Lumber ~treet, as said lots and street are
shown upon that certain map entitled, "Plan of the Town of McCartysvi!le", which map
was filed for record in the office of the Recorder of the County of Santa Clara, State
of California, on September 28, 1870, in Book A, page 43 of maps; thence along said
common line of Lots 3 and 4, and a pofilon of the ilne common to Lots 9 and 10 in
Block 7, as said lois are shown upon sold Map of McCar~tysvil le, South 47° EaSt
123 feet; thence along a llne parallel to said Southeasterly line of Big Basin Way
North 43° East 150 feet to the Southwesterly line of Fourth Street as said street is shown on
said map of McCartysville; thence along said Southwesterly line North 47° West 113 feet;
thence along c; llne parallel to ~ald Southeasterly line of Big Basin Way South 43° West
100 feet to a point on the llne common to lots 2 and 3, in Block 7, as said lots are shown
upon said' Map of McCartysville; thence along said common line North 47° West 10 feet;
thence along.a !in~ parallel to Sa[d Southeasterly line of Big Basin Way South 43° West
50 feet to the point of beginning.
PARCEL 5
: That certain real property situate ;n the City of Saratoga~ County of Santa Clara,
State of Califomia, described as follows:
BEGINNING at a point on the Northeasterly line of Lot 3, in Btock 7, distant thereon
South 47° East 100.00 feet from the Southea~.terty ilne of Big Basin Way, formerly
Lumber Street, as sold Lot and Street are shown upon that certain map entitled,
"Plan of the Town of McCartysvjlle", which map was filed for record in the office
' of the Recorder of the County of Santa Clara, Statue of California, on September 28,
1,;70 in Book A~ page 43 of maps; thence along .~aid Northeasterly llne North 46° 31 ' West
li
8.00 Feet; thence along a llne parallel wilh said Southeasterly line of B~g Basin Way
South 43° 0O' West 57,31 Feet; thence South 47° 39' East 8.00 feet; thence along a
line parallel with said Southeasterly Ijne atc Big Basin Way North 430 00' East 57.15 feet
to the po~nt of beglnn~ng.
PARCEL 6
That certain real property situate in the City of Saratoga, County of Santa Clara,
State of California, described as follows:
BEGINNING at a point on the Northeasterly line of Lot 9, in Block 7, distant thereon
North 46° 31' West 106.45 feet from the Northwesterly line of Oak Street as said Lot
anc/Street are shown upon that"certa~n map entitled; "Plan of the Town of McCartysvH!e",
which map was filed for record in the Office of the Recorder of the County of Santa
Clara, State of California, on September 28, 1870 in Book A, page 43 of maps; thence along
said Northeasterly line of bt 9, and a portion of tile Northeasterly llne .of' Lot 4, in Block 7
as said Lot 4 is shown on said map herelnabove referred to, North 46° 31' West 59.39
feet; thence South 40° 44' West 68.08 feet; thence along a line paralZel with said
Noriheasterly llne of Lot 9 South 46° 31 ' East 56.12 Feet; thence along a I~ne parallel
with said Northwesterly llne of Oak Street North .42° 59' East 68.00 Feet to the
point of beginn. lng.
PARCEL ?
That certalrt real property situate in the City of Saratoga, County of Santa Clara,
State of Cal ifornla, described as follows:
BEGINNING at a point on the Northeasterly ilne of Lot 4, in Block 7, distant thereon
South 46° 3]' East ]00-00 feet from the Southeasterly line of Big Basin Way, Formerly
Lumber Street, as said lot and street are shown upon that certain map entitled, "Plan
of the Town of McCartysvi!le", which map was filed for record in the OFfice of the
Recorder of the .County of Santa Clara, State of California, on Sepiatuber 28, 1870
in Book A, page 43 of maps; thence along a line parallel w~th said Southeasterly line
of Big Basin Way South 43° 00' West 7.15 feet; thenc~ North 47° 39' West 13.00
feet; thence along a line parallel with said Southeasterly line of Big Basin Way
South 43° 00' W~st 33.56 feet; thence South 6'8° 28' East 82.00 feet; thence
North 40° 44' East 12.1 i Feet to a paint on said Northeasterly line of Lot4; thence
along mid Nor.theasterty llne North 46° 31J West 62.87 feet to the point of beginning.
:1. ii
PARCEL 8
That certain real property situate in the City of Saratoga, County of Santa Clara,
State of California, described as follows:
COmmENCING at the point of intersection of the Northeasterly line of Fifth Street and
the Southeasterly line of Big Basin Way, formerly Lumber Street, as said streets are
shown upon that certain map entitled, "Plan of the Town of McCartysville", which map
was filed for record in the Office of the Recorder of the County of Santa Clara, State
of CaLifornia, on September 28, 1870 in Book A, page 43 of maps, thence along said
Northeasterly line of Fifth Street South 46° 31' East 87.00 feet to the true point of
beginning; thence along a line parallel with said Southeasterly line of Big Basin Way
North 43o 00' East t07.25 feet; thence South 68o 28' East 82~00 feet; thence South
40o 44' West 55.97 feet; thence along a line parallel with said Northeasterly line of
Fifth Street North 46o 31' West 13.88 feet; thence along a line parallel with said
Southeasterly line of Big Basin Way South 43° 00' West 82.00 feet to a point on said
Northeasterly line of Fifth Street; thence along said Northeasterly line North 46o 31'
West 65.33 feet to the true point of beginning.
PARCEL 9
That certain real property situate in the City of Saratoga, County of Santa Clara,
State of California, described as follows:
BEGINNING at the point of intersection of the line common to Lots 1 and 12, in
Block 6, with the Southwesterly line of Third Street,as said Lots and Street are shown
upon that certain Map entitled "Plan of the Town of McCartysville," which Map was filed
for record in the Office of the Recorder of the County of Santa Clara, State of
California, on September 24, 1870, in Book A, Page 43 of.Maps; thence along said
co~on line and its prolongation, said prolongation being the line common to Lots 2
and ll, in Block 6, as shown on said Map of McCartysville, South 43o West 80 feet;
thence along a line parallel with said Southwesterly line of Third Street North 47o
West 12 feet; thence along a line parallel with said common line of Lots 2 and ll and
its prolongation North 43o East 80 feet to a point on said Southwesterly line of Third
'st~eet~ t~e-~i6ng~s~'a-'~out~st~rl~line of Third Street South 47o East 12 feet to the Point of Beginning.
PARCEL lO
That certain real property situate in the City of Saratoga, County of Santa Clara,'
State of California, described as follows:
The Northwesterly 12 feet of Lot lO, in Block G, as shown upon that certain map
entitled "Plan of the Town of McCartysville", which map was filed for record in the
Office of the Recorder of the County of Santa Clara, State of California, on
September 28, t870 in Book A, Page 43 of Maps.
June 5, 1974
DESCRIPTION OF EXTERIOR BOUNDARY
VILLAGE PARKING DISTRICT NO. 2
CiTY OF SARATOGA, CALIFORNIA
All that certain real property situate in the City of Sara. toga, County
of Santa Clara, State of California, described as follows:
BEGINNING at the point of intersection of the centerline of Third
Street with the centerline of Big Basin Way, formerly Lumber Street,
as said streets are shown upon that certain map entitled, "Plan of
the Town of McCartysville," which map was filed for record in the
office of the Recorder of the County of Santa Clara, State of Calif-
ornia, on September 28, 1870 in Book A, Page 43 of Maps; thence along
said centerline of Big Basin Way South 43° West 700 feet to the cen-
terline of Fifth Street as said street is shown on said map herein-
above referred to; thence along said centerline of Fifth Street
South 47° East 258 feet: thence along a line parallel with said
centerline of Big Basin Way North 43° East 350 feet to the center-
line of Fourth Street as said street is shown on said map herein-
above referred to; thence along said centerline of Fourth Street
South 47° East 32 feet; thence along a line parallel with said center-
line of Big Basin Way North 43~ East 75 feet; thence along a line
parallel with said centerline of Fourth Street North 47° West 18 feet;
thence along a line parallel with said centerline of Big Basin Way
North 43° East 100 feet; thence along a line parallel with said cen-
terline of Third Street North 47~ West 60 feet to a point on the
Southwesterly line of Lot t0 in Block 6, as said lot is shown on said
map hereinabove referred to; thence along a line parallel with said
centerline of Big Basin Way North 43~ East 175 feet to said center-
line of Third Street: thence along said centerline of Third Street
North 47°'West 212 feet to the point of beginning.
June 5, 1974