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HomeMy WebLinkAboutResolution 2749 N.C.S. 06/05/1961 ' ♦� • • • IN4dDUCFD 'BL COUNCILMAN SPCOWt(D-BY f�EN- 3 yN ., .,/ !' ,/ RESOLUTION OF INTENTION 'NO.2749 N. S , IN THE MATTER', OF THE CONSTRUCTION OF IMPROVEMENTS IN ASSESSMENT DISTRICT NO. 5 N. S. , CITY OF :PETALUMA, SONOMA ..COUNTY, CALIFORNIA BE IT RESOLVED by the City Council of the City of Petaluma , Sonoma County , California , that it is the intention of said City Coun- cil . to order the following work to be done and improvements to be made under the provisions of .Division 7 of the Streets and Highways Code of the State of California (Improvement Act of 1911) , to wit: AREA. A. The extension of Mission Drive from its present terminus easterly to McNear Avenue , and the extension of t . . , Middlefield Drive from its present terminus northerly to its intersection of the proposed extension of Mission drive, consisting o'f the construction 6f concrete curbs , gutters , rock base, ,plant mix pavement , the installation of of water r.mains. and' 'fire hydrants ;' theoednst fiction' df sani- tarys^sewlrsyandothe acquisition of easements necessary thereto. AREA B. The improvement. of Oak Terrace Way from Western Avenue approximately 360 feet northwesterly , including the construction- of curbs , gutters , sidewalks , rock base , plant Mix pavement,, and the relocation and/or .re- placement of sanitary sewers , where necessary. AREA;C. The improvement of Madison Street from Hopper • Street to Edith 'Street., including the construction of curbs., gutters , base rock, plant mix pavement , storm, drains and appurtenances , and the installation of sani- tary sewer laterals to serve undeveloped property. AREA D. The improvement of East Washington Street from McDowell Boulevard northeasterly approximately 625 feet to the City Limits , and South McDowell Boulevard from East Washington Street southeasterly approximately 2 ,000 feet to McGregor Avenue, consisting., of the construction of concrete curbs+, gutters , sidewalks-, rock base , plant mix pavement , storm drains and appurtenances , sanitary sewers , and fire hydrants. AREA E . The improvement ,of Broadway Street from Dana . Street approximately 112 feet northwesterly to its ter- minus consisting ,of the construction of curbs , gutters, baSe€ rock and plant mix pavement. Sanitary sewers will also he constructed in AREA A upon the following described easements and rights. Of way: Easement No,. 1 Lying in Section 3 T 4 N R 7 N M.D.B. & M. and being a strip of land 6.0 ft. in width for Sewer Easement pur- poses , said strip of land being completely within that parcel of land deeded to Sam and M-Ielen Harris by deed recorded in, Book .1665 of Official Records at Page 413 , Sonoma County Records , and being parallel and adjacent to the west line of said parcel of land and extending along said West line N 00° 05 ' Cd 236.43 ft. from a �� or ) , point which Is N 00° OS'' 'W 20.,0 ft. distant from: the north- . west corner of Lot I2;,, Block. 1, Country Club Heights Subdi`- vision No. 2: Easement No. 2 Lying in Section 3 T 4 N R 7uW M.D.B. & M. and being a strip of land 6.0 ft, in width for Sewer Easement purposes , said strip of land being completely within that parcel of land deeded to R. L. and Arlene F. Anderson by deed recorded in Book 1733 of Official Records at page 601, Sonoma County Records, and being parallel and adjacent to the West line of said parcel of land, and extending along said West line N 0005 ' W 157 , 62' ft, from a point which is N 00° 05' W 256_43 ft. from the Northwest corner of Lot 12 , Block 1 , Country Club Heights Subdivision No. 2 . Also.,, a strip of land 10 . 0 ft, in width for Sewer Easement purposes the center line of said strip of land being further described as beginning at a point which is' N. 00° 05' W 335 , 24 ft. distant from the Northeast corner of Lot 12 , Block 1 , Country Club Heights Subdivision #2 ; thence N 89° 56' ?v' 100..'98 ft. to the West line of said Anderson property. Easement No . 3 Lying in Section 3 T 4 N R 7 W M.D.B. & M and being a strip of land E , 0 ft. in width for Sewer Easement purposes , the center line of said strip of land being further described as beginning at -a 'point on the South line of :Mission Drive from which point the Northeast corner of Lot 10 Baker Subdi- vision. No. 5 bears S' 89° 30' W 3. 0 ft, distant; thence from. said point of beginning and along the following described center line S Or 03' F 88,50 ft, ; thence S 89 32' 40" E 356. 73 ft. to the West line of the ;former Ida B. McNear property .known as the Purrington Tract. Easement No. 4 Lying in Section_ .3 :T 4 N R 7 4J M DB. & M. and being a strip of land" 10.0 ft. in width for Sewer Easement purposes , the center line :of said strip of lard being further described. as beginning at a point on the West line of the John Croci property and described in deed recorded in Book 1562 of Offi- cial Records at :page 621 , Sonoma County Records, from which point the common corner of Lots 15 and 16 , Baker Subdivision No 4 , bears N- 000 05' 1d 5 . 03 ft, distant; thence from said point of beginning S 78° 34' 10" F 299 .,96,." ft. to a point marking the terminus of said 10 . 0 'ft. strip of land afore- mentioned. Easement No. 5 Being a 10 foot wide strip of land situated completely with- in the boundaries of Lot No. 15 of, Baker' s Subdivision No . 4 , City of Petaluma , as said subdivision is shown and re- corded in Book 47 of glans at page 1 , Sonoma. County Records ; said strip of land lying along and oarellel to the common lot lime between Lots 15 and 16 of said Baker Subdivision , and extending from the easterly line of said Lot 15 to the property line of Faker Court at said Lot 15 . BE IT FURTHER RESOLVED that the City Council of the City of Petaluma finds that the total estimated cost of the work and improve- ments , including all incidental e;expenses ; is the sum of $224 ,054 . 97 ; -2- that there will be contributed from the City of Petaluma through 'its general fund and through participation in gas tax funds the sum of approximately $65 ,649. 50 , so that the amount to be assessed against -property within the boundaries of the district to be created is the sum ::of $155 ,405 .47. BE IT FURTHER RESOLVED that all of the above mentioned work is more particularly and specifically set; forth and described in the plans , profiles and specifications for said work heretofore adopted by the City Council of the City of Petaluma, which plans , profiles and specifications are hereby referred , to for all particulars in connec- tion therewith. The public, streets and rights; of way hereinabove referred to are shown and delineated in detail and specifically located on the plans hereinabove referred to , and reference is hereby specifically made to said plans , and notice is hereby given to all ,parties that specific locations thereof are: contained in said plans ; and BE IT FURTHER RESOLVED that the improvements hereinabove de- scribed be constructed in said streets , avenues,, roads , lanes , courts , alleys , plates and/'or public ways hereinabove described, of the dimen- sions , materials , and in the particular locations set forth and showi on the plans and specificationsnand detailed drawings hereinabove and hereafter referred to,; together with the construction of all appurten- ances thereto , including, necessary fittings , trenchings , grading ,and regrading , excava tion and fill , removal of obstructions , connections to existing services,, back filling , reconstruction of obstructions , connections to existing services , reconstruction of existing ground surface as required to conditions existing prior to commencement of construction , all in the manner , of the materials and to the dimensions and to the grades , and in the particular locations as the same are more fully shown on the plans and specifications and detailed drawings hereinabove and :hereafter referred to ; That the structures and work and improvements herein described shall be. constru.cted to the grades , sub-grades and elevations severally -3- • shown upon the plans and profiles and detailed drawings thereof in the respective locations. thereof,, to which plans and profiles refer- ence is. hereby expressly made for a description of the grades to which all of the work andimprovements under this Resolution of In- tention shall be done , which said grades are hereby adopted and es- tablished as the official grades therefor for all purposes in connec- tion with proceedings pursuant to this Resolution of Intention; notice is hereby further given that said grades are , or may be , in part , new and different from those heretofore established or existing , or may be , and in some cases are , different from existing ground levels ; Excepting from all of the herein described work all of said wotk that has already been done to the lines and grades shown on said plans and profiles , and in accordance with said plans and specifica- tions ; The attention of all persons is directed to the fact that all of said classes of work above described may not be constructed upon the streets and/or public ways above described in their entirety , but only upon the particular locations as shown on the plans and specifications , to which the attention of all persons is directed, for a description of the work, location of the several classes of work, a description of the classes Of work to be done upon each of the several public streets or rights of way named, a description of the streets and rights of way, and for all other information contained in the said plans and specifi- cations pertinent to the doing and completion of the work and improve- ments herein proposed; and BE IT FURTHER RESOLVED that the City Council finds that the contemplated work and improvements , in the opinion of this City Coun- cil , are of more than local or ordinary benefit , and that this City Council hereby makes the expenses and costs ,of- said work and improve- ments chargeable upon a district , which said district the City Council. hereby declares to be the district benefited by the work and improve- ments herein described; said district shall include that territory in the City of Petaluma , Sonoma County , California , which is shown on a -4- certain 'pleat- or map on file in th-e office of the City Clerk of the, City of Petaluma, and which said map or plat is'• entitled "Map Show- ing Boundaries of District Proposed 'to be Assessed for Improvements to be Made in Assessment District No. 5 N. S. , City of Petaluma , Sonoma County , California" , and which said map or plat indicates , by a boundary line , the extent of the territory included in the proposed district and covets all details as to the extent of the area to be assessed. Said map or prat is , by this reference, incorporated here- in and made a part hereof; and BE IT FURTHER RESOLVED that there are hereby excepted from the area shown and delineated on said map or plat hereinabove referred. to , the area of all public streets , avenues, lanes , roads , drives , courts , places , public parks and all easements and rights of way there- in contained belonging to the public , and also all property belonging to the United States of: America or the State. of -California; • and BE IT FURTHER RESOLVED that serial bonds will be issued in the manner and form provided in Part 5 , Division 7 , of the Streets and Highways Code of the State of California (Improvement Act of 1911) to represent unpaid assessments of Fifty Dollars ($50 .00) or over, which said bonds shall. bear interest at the rate of• sixper cent (6%) per annum, the last installment of which bonds shall mature fourteen (14) years froth the 2nd day of January next succeeding the ?.next September 1st following their date. Said bonds shall be payable to bearer , and may be ,redeemed as provided in the Improvement Act of 1911 , and there shall be added to the redemption clause in said bonds the following words : . . together with a premium of five per cent (5%) of said unpaid principal. " BE IT FUB.TFFR RESOLVED that on. Monday , the 10th day of July, 1961 , at the hour Of. 8: 00 o' clock P.M. of said day , at the meeting Place of the City Council of the City of Petaluma , Sonoma County , California, located in the City Hall , Petaluma , California , any and all persons having any objection to the proposed work or improvements or any -5- objections to the grades to which said work is proposed. to be done , or to the boundaries of the district proposed to be assessed to pay the cost and expenses of said work, may appear before said City Coun- cil of the City of Petaluma and show cause why said improvements should not be carried through in accordance with this Resolution of Intention . and may present written protest , not later than the hour hereinabove set for hearing, against the doing of said work , grades to which the said work is to be done , or the extent of the territory to be assessed to pay the cost and expenses thereof. BE IT FURTHER RESOLVED that Monday, the 10th day of July , 1961 , at the hour of '8-00 o'clock P.M. of said day , at the meeting place of the City Council of the City of Petaluma , Sonoma County , California , located in. the City Hall , Petaluma, California , is hereby fixed as the time and place for the hearing as to the public conven- ience and necessity of the constructidn 'of the aforesaid improvements in accordance with the provisions of the Improvement Act of 1911,, and. without compliance with the Special Assessment Inve'stigati'on,• Limita- tion and Majorityoptotest Act of 1931 , and it' is hereby ordered that said hearing shall be-held by this City Connell at said time and place. The City Clerk of the City of Petaluma shall cause this "Reso- lution of Intention to be published twice in the PETALUMA ARCUS- COURIER, a newspaper of general circulation published and circulated in the City of Petaluma , which said newspaper has heretofore been desig- nated by said. City Council as the newspaper in which shall be printed and published all not-ices , resolutions , orders :and, other matter s re- quired to be published in the proceedings taken pursuant to this .Resolu- tion and under the provisioi: s of the said "Improvement Act of 1911" and amendments thereto; the first publication of said resolution shall be not loss than ten (10) days prior to the date herein fixed fot hear'ing' on this Resolution of .Intention. The City 'Clerk of the. City of Petaluma shall cause this Resolu- tion of Intention to be posted for five (5) days on or' near 'the door of the Council Chamber of the City Council of the City of Petaluma , -6- +lr California , which posting shall be completed a't 1east' f'ive (5) days prior to the 'date herein fixed for said. hearing. The City Engineer of the City of Petaluma shall cause this Resolution of Intention to be posted along the .. Tine of said contemplated work and improvement , and on all the open streets' within the assessment district , notice of the 'passage of this Resolution of Intention in the time, form and manner required by law. The City Clerk of the City of Petaluma is hereby directed to mail a copy of this Resolution of Intention, postage prepaid , to all persons owning real property proposed to be assessed, whose names and addresses appear on the last equalized assessment roll or as known to said City Clerk; said mailing to be at least fifteen (15) days prior to the date herein fixed for the hearing on this, Resolution of Intention, all in the time , form and manner prescribed in said Resolution. of In- tention, all in the time , form and manner prescribed in said "Improve- ment Act of 1911" as amended. Y t *: I HEREBY CERTIFY that the foregoing Resolution was duly and regularly adopted by the City Council of the City of Petaluma,, Sonoma County , California , at a regular meeting thereof, held on the 5th day of June , 1961 , by the following vote ,_ to wit: AYES: Councilmen CRINELLAyELLIS.,KING,MATZ-EN,'vAN BEBBER AND MA/OR PARENT NOES : Councilmen NONE; ABSENT: Councilmen GUSTAFSON, GLADYS/. WALLIN City Clerk, City of Petaluma, Sonoma County , zliforna-.. % ;t/ /_7%/t// (SEAL)