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HomeMy WebLinkAboutReso 4367-1966RESOLUTION NO. 4367 A RESOLUTION DETERMINING COMPLIANCE WITH DIVISION ~ OF THE STREETS AND HIGHWAYS CODE, AND DETERMINING TO UNDERTAKE PROCEEDINGS PURSUANT TO SPECIAL ASSESS- MENT AND ASSESSMENT BOND ACTS FOR IMPROVEMENTS WITHOUT FURTHER PROCEEDINGS UNDER SAID DIVISION ~ CABOT, CABOT & FORBES INDUSTRIAL PARK, UNIT NO. 1-A CARLTON COURT 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 $ of the Streets and High- ways 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. The construction of a cul-de-sac street approximately 450 feet more or less in length to be known as Carlton Court by grading, paving, subbase, curbs, gutters, sidewalks, sanitary sewer system, storm drainage system, electrolier system, fire alarm system, street signs and monuments. All of the design will be in accordance with the requirements of the City of South San Francisco. B. The acquisition of right of service and use in water main, fire hydrants and appurtenances. C. The acquisition of all lands and easements, property and facilities and the doing of all work auxiliary to any of the above that is necessary to complete same. WHEREAS, the costs and expenses of said contemplated acquisitions and improvements are to be chargeable upon an assessment district, the exterior boundaries of which are de- scribed in Exhibit "A" hereto attached, entitled "Cabot, Cabot & Forbes Industrial Park, Unit No. l-A, Carlton Court Assess- ment District Boundary" and incorporated herein by reference. 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 Cabot, Cabot & Forbes. California Properties, Inc.~ the subdivider, and the City of South San Francisco, pursuant to Section ll611 of the Business and Professions Code; WHEREAS, said subdivider, pursuant to Section R804.1 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 pro- posed to be assessed after the proposed public improvements shall have been constructed, and the Council is fully informed in the premises; 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 fur- ther defined in Section 2804.2 of the Streets and Highways Code, have signed and filed with the City Clerk a written petition for improvements pursuant to appropriate special assessment and - 2 - assessment bond acts, without further compliance with the pro- visions of Division 4 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 High- ways Code, has ~urnished the City Clerk with his affidavit and any additional evidence which said City Clerk may have re- quired, concerning the existeuce 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 ini- tiated under a contract entered into or proposed to be entered into pursuant to Section ll611 of the Business and Professions Code, and the names of any mortgagees or beneficiaries there- under, and said City Clerk has not required any additional evidence over and above said affidavit and additional evidence referred to above, all in strict compliance with the require- ments of Section 2804.2 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 pro- visions of Division 4 of the Streets and Highways Code, other than those referred to herein, be, and they are hereby, dis- pensed with. -3- 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 regular meeting held this 7th day of February, 1966, by the following vote: AYES, COUNC I;~EN NOES, " ABSENT, " Frank J. Bertucell, Patrick E. Ahern, Emilio Cortesi, Andrew Rocca, and Guido J. Rozzi. None. None. 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