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HomeMy WebLinkAboutReso 3937-1964RESOLUTION NO. 3927 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 THE ACQUISI- TION AND CONSTRUCTION OF IMPROVEMENTS WITHOUT FURTHER PROCEEDINGS UNDER SAID DIVISION CABOT, CABOT & FORBES INDUSTRIAL PARK, UNIT NO. 1 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 owner of said unit in said properties~ has been filed with the City Clerk of this City for the acquisitions and improvements hereinafter referred to; WHEREAS, the costs and expenses of said contemplated acquisi- tions and improvements are to be chargeable upon an assessment district, the exterior boundaries of which are described in the petition and shown on a map thereof on file in the office of the City Clerk, to which reference is hereby made for further particulars; WHEREAS, said proceedings are in whole or in part for the financing of the acquisitions and improvements described in the petition therefor on file with the City Clerk, and contained or to be contained in an agreement entered or to be entered into between Cabot, Cabot & Forbes California Properties, Inc., a Delaware corporation, as Subdivider, and the City of South San Francisco, pursuant to Section ll611 of the Business and Professions Code; WHEREAS, said Subdivider~ pursuant to Section 280~.1 of the Streets and Highways Code, has submitted written evidence satisfactory to this Council that the total estimated amount of the proposed assess- ment will not exceed seventy-five per cent (75%) of the estimated fair market value of the land proposed to be assessed after the proposed acquisitions and improvements shall have been made and constructed, and the Council is fully informed in the premises; WHEREAS, said owner has furnished the City Clerk with its affidavit, and any additional evidence which said Clerk may have required, concerning the existence of mortgages or deeds of trust on said land and the names of any mortgagees or beneficiaries there- under, as required by Section 280&.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, as follows: 1. That the owner of more than sixty per cent (60%) in area of the property subject to assessment for said acquisitions and improvements who appears 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 Assessorls roll was prepared, appears to be such on the records in the County Assessorls 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, has signed and filed with the City Clerk a written petition for acquisition and improvements pursuant to appropriate special assessment and assess- ment bond acts, without further compliance with the provisions of Division 4 of the Streets and Highways Code. 2. 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 in Cabot, Cabot & Forbes Industrial Park, Unit No. 1, after the proposed acquisitions and improvements have been made and constructed. 3. That said owner, as specified in Section 2804 of the Streets and Highways Code, has furnished the City Clerk with its 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 of the acquisitions and improvements initiated under an agreement 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 referred to above, all in strict compliance with the requirements of Section 2804.2 of the Streets and Highways Code· 4-. That said proceedings shall be had pursuant to the Municipal Improvement Act of 1913 and bonds upon the unpaid assess- ments thereof shall be issued pursuant to the Improvement Bond Act of 1915. 5. That provisions 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 fore~oin~ resolution was regularly introduced and adopted by the City Council of the City of SouGh San Francisco at a regular meetin~ held this 18th day of May, 1964, by the followin~ vote: AYES, COUNCILMEN Patrick E. Ahern~ Frank Bertuce!li, Emilio Cortesi, Andrew Rocca, and Guido J. Rozzi NOES, " None ABSENT, " None ATTEST: CITY CLERK