HomeMy WebLinkAboutReso 247-19770286A-23a WJML:KIJ :shw 12/14/77
RESOLUTION NO. 247-77
A RESOLUTION ORDERING FORMATION OF THE
GELLERT BOULEVARD EXTENSION GRADING MAINTENANCE DISTRICT
GELLERT BOULEVARD EXTENSION PROJECT
ASSESSMENT DISTRICT
PROJECT NO. ST 77-5
RESOLVED, by the City Council of the City of South San
Francisco, California, that
WHEREAS, pursuant to Chapter 26 (commencing with Section 5820)
Part 3, Division 7 of the Streets and Highways Code (the Improvement
Act of 1911) of the State of California, as authorized by Sections
10107 and 10108 of said Code, the Council of said City did on the
4th day of May, 1977, adopt its Resolution of Intention No. 52-77
wherein it expressed its intention to form the Gellert Boulevard
Extension Grading Maintenance District in said City, for the purpose
of providing within and for said lands, hereinafter particularly
described, maintenance, and operation of improvements hereinafter
referred to, and to assess the costs thereof upon the properties
benefited by said maintenance and operation, which was to be
designated as "Gellert Boulevard Extension Grading Maintenance
District";
WHEREAS, said Council did declare in said resolution and in
Resolution No. 219-77, A Resolution Describing Proposed Modification
in the Boundaries .of Assessment District and of Intention to Make
Changes and Modifications, adopted December 7, 1977, its intention
to order that the expense of maintaining and operating certain
facilities therein described shall be assessed wholly upon the real
property lying within said grading maintenance district, as
hereinafter described, which district said Council determined would
be the district benefited by the maintenance and operation of said
improvements, and that the special assessment tax so assessed is to
be levied and collected at the same time and in the same manner and
by the same officers as the general tax levy for City purposes and
when collected to be paid into the City treasury to the credit of
the fund of the maintenance district and be used for the payment of
the expenses of such district;
WHEREAS, a petition and written consent executed by property
owners holding at least 60% in area of land to be benefited by said
maintenance district has been presented to this Council for the
purpose of establishing the maximum property tax rate for said
maintenance district, in the event that said maintenance district is
established at One Dollar and Twenty-Five Cents ($1.25) per One
Hundred Dollars ($100) of assessed valuation, unless otherwise
modified by law, pursuant to Section 2263.2 of the Revenue and
Taxation Code of the State of California;
WHEREAS, notice pursuant to said resolutions was duly
published, and notices of its passage were duly posted and mailed
for the time and in the form and manner provided by law, all as more
particularly appears from the certificates or affidavits thereof on
file in the office of the City Clerk; whereupon the hearing upon the
formation of said grading maintenance district was duly and
regularly held at the time and place advertised in said notices; and
WHEREAS, persons interested, objecting to the
formation of said maintenance district in accordance with said
resolution of intention, filed written protests with the Clerk of
said City at or before the time set for said hearing, and all
persons interested desiring to be heard were given an opportunity to
be heard, and all matters and things pertaining to the formation
thereof were fully heard and considered by said CoUncil;
NOW, THEREFORE, IT IS HEREBY ORDERED as follows:
1. That all written protests and other written communications
were publicly read at said hearing and all persons desiring to be
heard were fully heard, and that all protests be, and each of them
are hereby, overruled.
2. That the public interest and convenience require the
formation of a maintenance district, which district is hereby formed
for the maintenance and operation of the grading areas, including
excavation and fills, slope areas, supporting fill slopes and
appurtenant drainage and planting facilities and areas, and
specifically, but without limiting the generality of the foregoing,
any settlement of any of said lands so graded and filled and any
slippage or sliding thereof and in the benches and slopes of the
lands from which the fill materials are removed, including the cost
of necessary repairs, replacements, fuel, power, electrical current,
care, supervision, and any and all other items necessary for the
proper maintenance'and operation thereof, including any costs for
constructing any additional dykes, levees and walls of rock or other
materials which may become necessary for the protection and support
of said lands, and including the restoration to the original level
herein established therefor (or to any changed level resulting from
any public or private grading and work legally accomplished thereon
subsequent to the establishment of said original level) of the lands
so filled after having applied thereto the amount established in the
plans, specifications and reports therefor (or in any subsequent
plans, specifications and reports for any such subsequent grading or
work) for reasonable permanent settlement or any increase thereof
deemed reasonably advisable therefor; and including the amount of
any judgment, or judgments, rendered in any action for direct or
inverse eminent domain for any taking or damage growing out of the
work and improvements in the manner originally designed or performed
(or out of work and improvements legally accomplished by public
works contract, private construction or otherwise) not otherwise
provided therefor in the original assessment or for damages by
reason of the design, execution or performance of said work and
improvements or resulting therefrom (or the design, execution or
performance of any public or private work and improvements legally
accomplished subsequent thereto), or the amount of any settlement of
any such action or of'any claim therefor without action; all as now
existing or hereafter to be constructed in or for said maintenance
district (whether by virtue of the original publ~ic proceedings and
work or subsequent public proceedings and work or private work
legally accomplished), and of benefit to said maintenance district,
but not to the City of South San Francisco as a whole, which
district said Council hereby determines will be the district
benefited by the maintenance and operation of said improvements.
3. That said district be and it is hereby designated as
"Gellert Boulevard Extension Grading Maintenance District" by which
name it shall hereafter be referred to in all subsequent
proceedings, including proceedings for the levy and collection of
taxes.
4. That pursuant to Section 2263.2 of the Revenue and
Taxation Code of the State of California, petition and written
consent executed by property owners holding at least 60% in area of
land to be benefited by said maintenance district having been
presented to this Council for said purpose, in the event that said
maintenance district is established, the maximum property tax rate
therefor, unless otherwise modified pursuant to law, shall be One
Dollar and Twenty-Five Cents ($1.25) per One Hundred Dollars ($100)
of assessed valuation and that the special assessment tax shall be
levied and collected in the same time and manner as the general tax
levy for City purposes and when collected shall be paid into the
City treasury to the credit of the fund of the maintenance district
and shall be used for the payment of the expenses of such district.
5. That the district and the boundaries thereof benefited to
be assessed for the maintenance and operation of the improvements so
described, are situated in the City of South San Francisco, County
of San Mateo, State of California, and are more particularly
described in Exhibit "A" attached hereto and by reference
incorporated herein.
6. That the City Clerk shall file a certified copy of this
resolution in the office of the County Assessor of San Mateo County,
and that said County Assessor shall hereafter,_in making up the City
assessment roll, segregate the property included within said
district on the assessment roll under the designation contained in
this resolution, all as required by Section 5829 of the Streets and
Highways Code of the State of California.
7. That the~City Clerk shall file a certified copy of this
resolution and the map or plat, indicating the boundaries of said
district with the State BOard of Equalization and said County
Assessor, as required by Section 54900 et seq., of the Government
Code of the State of California.
I hereby certify that the foregoing resolution was regularly
introduced and adopted by the City Council of the City of South San
Francisco, California, at a regular meeting held on the 21st day of
December, 1977, by the following vote:
AYES, Councilmembers: Richard A. Battaglia, Emanuele N. Damonte,
· Terry J. Mirri and Leo Padreddii
NOES, Councilmember s: None
~B SENT, Counc i lmembe r s:
ABSTAIN, Councilmembers :
None
William A. Borba
ATTEST:
City Clerk
TI'IEODORF V. ]RONOFF
Civil Engineer & Su,'veyo~, Inc.
345 Park Plaza Drive, D.Co, Ca., 94015
Job No. 5906
Page I
DESCRIPTION:
GELLERT BOULEVARD EXTENSION
GRADING MAINTENANCE DISTRICT
SOUTH SAN FRANCISCO, CALIFORNIA
All that certain real property situate in the City of South San Francisco,
State of California,
being whole of Parcel B-2 as said parcel is shown on that certain map
entitled "PM 103 Parcel Map Division of Parcel B 'Parcel Map, Division of 54.10 Acre
Westborough Commercial Site' (Vol. 4 of Parcel Maps, Pages 8 and 9), South San
Francisco, California", which map was filed in the Office of the Recorder of the
County of San Mateo, State of California on August 13, .1974 in Book 25 of Parcel Maps
at Page 44, and a portion of Parcel "B" as said parcel is shown on that certain map entitled
"Parcel Map, Division of 54.10 Acre Westborough Commercial Site filed in Book 4 of
Parcel Maps, at Page 8 and 9 and adjacent lands, as a whole described as follows:
BEGINNING at an angle point in the northeasterly line of aforesaid Parcel
"B" distant thereon North 18° 05' 39" West 533.53 feet from the most easterly corner thereof;
thence from said POINT OF BEGINNING along the exterior bbundary line of said Parcel
"B" the following 4 courses: South 18° 05' 39" East 533.53 feet; South 59° 12' West 891.54
feet; Southerly from a tangent bearing South 5° 28' 19" East, on the arc of a curve to the
left with a radius of 600°00 feet, subtending a central angle of 25° 19' 41", an arc
distance of 265.24 feet; South 30° 48' East 100.00 feet; leaving said. boundary line of
Parcel "B" along the North easterly prolongation of the northwesterly line of Parcel "D"
shown on said Parcel Map, South 59° 12' West 50°00 feet to the most northerly corner
thereof being also an angle point in the southeast'erly line of aforesaid Parcel B-2;
oS
EXHIBIT "A"
TIIEODORE V.
TRONOFF
Job No o 5906
D~:~.scription: Gellert Boulevard Extension Page 2
Grading Maintenance District
South San Francisco, California
thence along the exterior boundary line of said Parcel B-2 the following 8 courses:
South 59° 12' West 150.00 feeb South 30° 48' East 150.00 feet; South 59° 12' West
192.47 feet~ tangent to the last said course on the arc of a curve to the right with a
radius of 655.00 feet, subtending a central angle of 2° 37' 27", arc distance of
30.00 feet; North 6° 00' West 192.04 feet~ northwesterly and northerly from a tangent
bearing North 66° 55'22" West, on the arc of a curve to the right with a radius of 60°00
feet~ subtending a central angle of 77° 24' 25", an arc distance of 81.06 feet; North
83° 00' 30" West 176.89 feet~ South 6° 59' 30" West 358.00 feeb westerly from a
tangent bearing South 86° 58' 29" West on the arc of a curve to the right with a radius of
655,00 feet~ subtending a central angle of 5° 38' 42" an arc distance of 64.53 feet to the
Southwest corner ot: said Parcels "B" and B-2; thence along the westerly line of said Parcel
B-2 and its northerly prolongation, said line being also the easterly llne of Westborough
West Park Units No. 3 A-G, 3 A--H, 3-C, and 3-E, North 6* 59' 30" East 2,536.54 feet
\
to a point in the centerline of Gellert Boulevard 100.00 feet w[de~ thence along said
centerllne North 43° 00' West 132.80 feet; leaving said centerline North 47° 00' East
50.00 feet to an angle point in the northerly Corporate City L~'mit Line of the C[ty of South
San Francisco in the northeasterly line of aforesaid Gellert Boulevard~ thence along said
Corporate City Limit Line South 88° 06"East 319.53 feet; South 54° 56' East 172.73 feet;
leaving said line South 24° 45' 10" East 900.76 feet to the POINT OF BEGINNING.
Co.~ta[ning 38.479 Acres more or less.
VV/dw:
December 15, 1977