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HomeMy WebLinkAboutCity Council Resolution 888-Q3109A 4a WMAM:PDA:rva /03/79 12c RESOLUTION NO. 888-Q A RESOLUTION DIRECTING PAYMENT OF FUNDS VILLAGE PARKING DISTRICT NO. 2 ASSESSMENT DISTRICT RESOLVED, by the City Council of the City of Saratoga, California, that WHEREAS, there has been filed with this Council an Engineer's Statement of Cost of Acquisition of Land and Improvements by the Engineer of Work under Resolution of Intention No. 888-D to Acquire Improvements adopted by this Council on January 3, 1979, certifying that all of the work of the construction of those improvements more particularly described in Exhibit "A" hereto attached and by reference incorporated herein and in that certain Agreement for Acquisition of Land and Improvements entered into by and between Samuel L. Tyler, Ruth M. Tyler, George S. Kocher, Raisa R.'Kocher, Michael E. Purcell, Barbara L. Purcell, Donald E. McKenzie, Barbara G. McKenzie and Pacific Southwest Realty Company, and said City, dated January 3, 1979, has been done and performed in full compliance with the plans and specifications therefor contained in the Engineer's Report adopted by this Council pursuant to said Resolution of Intention; WHEREAS, said Statement set forth all costs incurred by said parties in the construction thereof, including incidental costs in connection therewith, and the amounts to be paid to said parties respectively for the acquisition of the lands necessary for said improvements, and certified the payment in full of all of said costs by said parties except for the following: Item Amount Validating Suit $1,500.00 Escrow & Title Insurance 692.00 Bond Printing, Recording & Advertising 2,000.00 Engineer's Report & Final Map 2,400.00 Previous Engineering by City 7,500.00 Bonding Attorney 4,612.00 Bond Discount 7,724.00 WHEREAS, the Director of Public Works of said City has approved said Engineer's Statement of Cost of..Acquisition of Land and Improvements; NOW, THEREFORE, IT IS HEREBY ORDERED, as follows: 1. That the amount of $22,491.00 be paid to Pacific Southwest Realty Company, as its pro rata share of the cost of construction of said improvements and that, as agreed by said party,. the amount of $47,796.00 be offset against the assessment levied upon the property of said party in said proceedings; that the amount of ~13,977.00 be paid to Donald E. McKenzie and Barbara G. McKenzie as their pro rata share of the cost of construction of said improvements together with the amount of $1,133.00 in payment of their pro rata share of the cost of acquiring the lands necessary in said proceedings (total $15,110.00); that the amount of $7,907.00 be paid to Michael E. Purcell and Barbara L. Purcell as their pro rata share of the cost of construction of said improvements together with the amount of $6,903.00 in payment of their pro rata share of the cost of acquiring the lands necessary in said proceedings (total $14,810.00); that the amount of $19,447.00 be paid to Samuel L. Tyler, Ruth M. Tyler, George S. Kocher and Raisa R. Kocher as their pro rata share of the cost of construction of said improvements together with the amount of $35,454.00 in payment of their pro rata share of the cost of acquiring the lands necessary in said proceedings, arid the amount of $2,944.09 in repayment for miscellaneous items paid by said parties (total $57,845.09). 2. That the costs of proceedings, including escrow and title insurance, bond printing, recording and advertising and engineering by City in the amount of $10,192.00 shall be paid to the appropriate City departments in reimbursement of sums expended by said departments in connection with said proceedings. 3. That the amount of $2,400.00 be paid to Civil & Construction Consultants, Inc. in payment of any and all engineering services in connection with said proceedings upon invoice therefor. -2- 4. That the amount of $4,612.00 be paid to the law firm of Wilson, Morton, Assaf & McElligott in payment of legal services in connection with said proceedings together with the amount of $1,500.00 in payment of legal services in connection with the validating suit in said proceedings (total $6,112.00). 5. That all of said amounts shall be paid in accordance herewith from the Construction Fund for said project. 3. That the City Clerk of said City be, and he is hereby, authorized and directed to transmit a certified copy of this Resolution to the Treasurer of said City. 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 15th day of August , 1979, by the following vote of the members thereof: AYES, and in favor thereof, Councilmen: Kalb~ Matteoni, Kraus & Corr NOES, Councilmen: None ABSENT, Councilmen: Callon City Clez of Saratoga ~ (SEAL) APPROV~: ~or -3- 1813A-B5a EXHIBIT "A" a) The acquisition of that certain real property situate in the City of Saratoga, County of Santa Clara, State of California, more particularly described as follows: Beginning at the point of intersection of the southeasterly line of Big Basin Way with the northeasterly line of Fifth Street, and. running thence South 46o31' East 95.00 feet to the TRUE POINT OF BEGINNING; thence North 43o00' East 204.26 feet, more or less, to the southwesterly line of Lot 2 of Block 7, as shown upon the Map entitled "PLAN OF THE TOWN OF McCARTYSVILLE iN SANTA CLARA COUNTY", filed on September 28, 1870, Book "A" of Maps, Page 43 Santa Clara County records; thence South 47o00' East 46.48 feet; thence North 43o00'00" East 100.00 feet to the southwesterly line of Fourth Street; thence along the southwesterly line of Fourth Street South 47o00'00" East 67.00 feet; thence South 43o00'35" West 155.22 feet; thence North 46o31' West 45.59 feet; thence South 40o43'20" West 150.17 feet, more or less, to the northeasterly line of Fifth Street; thence North 46o31' West 73.83 feet to the TRUE POINT OF BEGINNING; together with the acquisition of base, pavement, curbs, gutters, sidewalks, surface and subsurface storm drainage facilities, lighting facilities, striping, driveway approaches, and landscaping, including irrigation facilities, together with all work auxiliary to any of the above and necessary to complete the same as off-street automobile parking facilities. b) The acquisition of all lands, easements and improvements and the performing of all work auxiliary to any of the above and necessary to complete the same as off-street parking facilities.