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HomeMy WebLinkAboutReso 4269-1965RESOLUTION NO. 426g 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 IMPROVEMENTS WITHOUT FURTHER PROCEEDINGS UNDER SAID DIVISION 4 STONEGATE RIDGE UNIT NO. 1 AND ADJACENT LANDS RESOLVED, by the City Council of the City of South San Francisco, 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, signed by owners of said properties, has been filed with the City Clerk of this City for the following acquisitions and improvements, to-wit: a) Excavation, filling and grading of all proposed public streets within that portion of Stonegate Ridge designated as Stonegate Ridge Unit No. 1, including slope fills for support of filled street sections and excavated slopes for protection of excavated street sections~ and including the planting of said slopes and fills for the proection of said streets from erosion and slides. The Owner, as Grantor, has granted to the City, as Grantee, easements for the construction and maintenance of said slope fills and excavated slopes outside of the dedicated street areas, said easements to be held by the City until such time as the property subject to said easements has been filled or excavated, as the case may be, to substantially the grade of the adjacent streets, at which time said easements shall ter- minate, pro tanto, without further action by either party. Said easements are hereby accepted. b) Excavation and grading of a public parking lot area and access road thereto within the City park area adjacent to Stonegate Ridge, including the planting of all excavation slopes resulting from the removal of earth for the protection of said access road and parking lot from erosion and slides. c) The improving of all of said public streets within Stonegate Ridge Unit No. I by grading and the construction therein of base pavement and wearing surface, Portland cement concrete curbs, gutters and sidewalks, storm drain pipes, catch basins, headwalls and appurtenances, sanitary sewer mains, man- holes, cleanouts, wye branches, laterals and appurtenances, street signs, monuments and barricades, underground power a~d telephone facilities, including trenching, splice boxes, electroliers, pads and appurtenances, and water mains, valves, hydrants, services and appurtenances, and a fire alarm system. d) The construction of such additional drainage, sewer- age, power and telephone, and water facilities in public ease- ments and streets within and without Stonegate Ridge Unit No. 1 as may be required to provide all of said services to the area of the assessment district and adjacent areas. e) The opening of a new street from the southerly line of Stonegate Ridge about 400 feet easterly of Chestnut Avenue southerly about 340 feet, and the opening of Parkway Extension from Chestnut Avenue to said new road and the improving of both of said streets by grading and the construction therein of base pavement and wearing surface, Portland cement concrete curbs, gutters and sidewalks, and drainage, power, telephone, street lighting and water facilities as required. f) The acquisition of all lands, easements, property and facilities and the construction of all improvements auxiliary to any of the above and necessary to complete the same. WHEREAS, the costs and expenses of said contemplated acqui- sitions and improvements are to be chargeable upon an assess- ment district, the exterior boundaries of which are the coterm- inous exterior boundaries more particularly shown on the map entitled "Map Showing Boundaries of Assessment District, Stone- gate Ridge and Adjacent Lands", on file in the office of the City Clerk, 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 and improvement of streets and easements initiated under a contract entered into or proposed to be entered into between William H. Young, the subdivider, and the City of South San Francisco, pursuant to Section ll611 of the Business and Professions Code; WHEREAS, sa~d subdivider, pursuant to Section ~804.1 of the Streets and Highways Code, has submitted written evidence satisfactory 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 constructed, and the Council is fully informed in the premises; i'11 'Ii WHEREAS, the owner has furnished the City Clerk with his affidavit concerning the existence of mortgages or deeds of trust thereunder, as required by Section 2804.2 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 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 the Streets and Highways Code, have signed and filed with the City Clerk a written petition for improve- ments pursuant to appropriate special assessment and assessment bond acts, without further compliance with the provisions of Division ~ of the Streets and Highways Code. IT IS FURTHER FOUND, DETERMINED and ORDERED, that said owner, as specified in Section 2804 of the Streets and Highways Code, has furnished the City Clerk with hms affidavit and any additional evidence which said City Clerk 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 and improvement of streets and easements initiated under a con- tract entered into or proposed to be entered into pursuant to Section 11611 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 affidavit and additional evidence referred to above, · ! II 'Ii all in strict compliance with the requirements of Section 280~.2 of the 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, and bonds upon the unpaid assessments thereof shall be issued pursuant to the Improvement Bond Act of 1915. IT IS FURTHER FOUND, DETERMINED and ORDERED, that provi- sions of Division 4 of the Streets and Highways Code, other than those referred to herein, be, and they are hereby, dispensed with. I hereby certify that the foregoing resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a meeting held this 16th day' of Auqust AYES, COUNCILMEN NOES, " ABSENT, " , 1965, by the following vote: Frank J. Bertucelli. Patrick E. Ahern, Cortesi, Andrew Eocca and Guido J. Eozzi None None ATTEST: