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HomeMy WebLinkAboutReso 5646-1971RESOLUTION NO o 5646 A RESOLUTION DETERMINING COMPLIANCE WITH DIVI.SION 4 OF THE STREETS AND HIGHWAYS CODE AND DETERMINING TO UNDERTAKE PRO- CEEDINGS PURSUANT TO SPECIAL ASSESSMENT AND ASSESSMENT BOND ACTS FOR IMPROVE- MENTS WITHOUT FURTHER PROCEEDINGS UNDER SAID DIVISION 4 CABOT, CABOT & FORBES INDUSTRIAL PARK UNIT NO. 3 ASSESSMENT DISTRICT 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 the owners of said property, has been filed with the City Clerk of this City for the acquisitions and improvements hereinafter more particularly described; WHEREAS, the costs and expenses of said cOntemplated acquisitions and improvements are to be chargeable upon an assessment district, the exterior boundaries of which district are the coterminous exterior boundaries of the composite and · consolidated area more particularly shown on a map thereof 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 the subdivider and the City of South san Francisco, pursuant to Section ll611 of the Business and ProfeSsions Code; WHEREAS, said acquisitions and improvements are described as follows: a) The improving of Grandview Drive from East Grand Avenue to Pt. San Bruno Boulevard, and Cabot Road from Grandview Drive.northwesterly about 140 feet to existing improvements, by grading and the con- struction therein of cement treated base, asphalt concrete paving, standard concrete curbs, gutters and sidewalks, underground electric and fire alarm system including electroliers, and street signs and monument s. The acquisition of a right of service and use in a water distribution system consisting of water mains, valves, hydrants, services and appurte- nances in Grandview DriVe from Cabot Road ~to Pt. San Bruno Boulevard, in the portion of Cabot Road to be improved, and in a private maintenance lane running from Grandview Drive southeasterly and southerly to the existing California Water Service Company water storage tank, including the construc- tion of a maintenance road in said private mainte- nance lane. c) The construction of sanitary sewer mains, manholes, · wye branches, laterals and appurtenances in Grandview Drive from Cabot Road to Pt. San Bruno Boulevard, and in Cabot Road to an existing man- hole in an existing public utility easement, and in such an easement to be acquired herein from a point in proposed Lot 2, Block l, Cabot, Cabot & Forbes Industrial Park Unit No. B northwesterly to an existing pumping station near Forbes Boulevard and from a point in Lot 5, Block i in said sub- division easterly to an existing manhole in Pt. San Bruno Boulevard. The construction of storm drainage pipes, manh°les, catch basins and appurtenances in Grandview Drive from Cabot Road generally easterly to near a high point, and from Pt. San BrUno Boulevard generally westerly to near a high point, in Cabot R~oad from Grandview Drive to near Allerton Avenue, in public utility easements along the westerly and near the southerly boundaries of Lot l, Block 2 of said sub- division, from a point in Lot 5, Block i of said subdivision northeasterly to Pt. San Bruno Boulevard, from a point in Lot 8, Block 2 of said subdivision northeasterly to Pt. San Bruno Boulevard and in Pt. San Bruno Boulevard near its intersection with Grandview Drive. e) .The acquisition of all lands, easements and rights and the construction of all work auxiliary to any of the above and necessary to complete the same. WHEREAS, said subdivider, pursuant to Section 2804.1 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; WHEREAS, the owner has furnished to the City Clerk an 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 pre- pare 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 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 Highways Code, has furnished the City Clerk with an affidavit and any additional evidence which said Clerk may have required, con- cerning the existence of mortgages or deeds of trust on that portion of said land to be assessed which is for the financing and improvement of streets and easements initiated 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 thereunder, and said Clerk 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 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 19lB, 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, with. and they are hereby dispensed I hereby certify that the foregoing resolution was regularly intro- duced and adopted by the City Council of the City of South San Francisco at a regular meeting held this 7th day of September, 1971, by the following vote: AYES, COUNCILMEN II NOES, ABSENT, " Patrick E. Ahern, Frank J. Bertucelli, William A. Borba, F. Frank Mammini and Warren STeinkamp None None ATTEST~ ~~ City Clerk