HomeMy WebLinkAboutResolution 9163 N.C.S. 05/18/1981.. :!
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' ~ZeS®~U~1®]7 I~1o. 9163 N.C.S.
of the City of Petaluma, California
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 ACQUISITIONS AND IMPROVEMENTS WITHOUT
FURTHER PROCEEDINGS UNDER SAID DIVISION 4
OAKMEAD NORTH-BAY BUSYNESS PARK ASSESSMENT DLSTRICT
RESOLVED, by the City Council of the City of Petaluma,
California, that
WHEREAS, a written petition for undertaking proceedings pursuant
to speial 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 of the State of California,
signed by the owners of more than 60o in area of the properties proposed
to be issessed has been filed with the City Clerk of said City for the
acquisitions and improvements more particularly described in Exhibit "A"
hereto attached and by reference incorporated herein;
4~dHEREAS, the cost and expenses of said acquisitions and
improvements, together with. the incidental expenses of said proceedings,
are to be chargeable upon~an assessment district, the exterior
boundaiies of which are the coterminous exterior boundaries of the.
composite and consolidated area shown on a map thereof on file in .the
. officeof the City Clerk and 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 ,ti_
financing of acquisitions and construction of improvements in said '.
subdivision to be initiated under a contract entered into or proposed
to be entered into between Oakmead North-Bay Partners, a California ~~~
partneship and the City of Petaluma, pursuant to Section 66462 of the .~~"~
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Government Code; ,~,~
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Re o, 9163
WHEREAS, the subdividers of Oakmead-North Bay, pursuant to
Section 2804.1 of said .Streets and Highways Code, have submitted
written evidence satisfactory to this Council that the. total estimated..
amount;of the proposed assessment will not exceed 75~ of the estimated
fair market value of the land proposed to be assessed after the proposed
publiclimprovements shall have been acqu-iced and constructed., and the
City Council is fully informed in the premises;
WHEREAS, said owners have furnished the City with their
affidavit, and any additional evidence which said City may have
required, concerning the existence of mortgages or deeds of trust on
said land proposed to be subdivided and the names of any mortgagees ar
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benefic""iaries thereunder, as required by Section 2804.2 of said Streets
and Highways Code; and
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 60o in area of the property subject to
assessment for said acquisitions and improvements who appear to be such
on the Assessor's roll on the day that said petition was filed, or, in
the case of transfer s. of land or parts thereof subsequent to the date
upon wlich the last Assessor's roll was prepared, appear to be such on
'the re lords in the County Assessor's office which the County Assessor
will use to.prepare the next ensuing Assessor's roll, and as further
defined in Section 2804.2 of sand Streets and Highways Code, have
signed and filed with the County Clerk a written petition for the
acquisition and construction of improvements pursuant to appropriate
special assessment and assessment bond acts, without further compliance
with the provisions of Division 4 of said Streets and Highways Code.
IT IS FURTHER FOUND, DETERMINED and. ORDERED that the total
estimatled amount of the proposed assessment will not exceed 750 of the ~,
estimated fair market value of the land proposed to be assessed after
the proposed acquisition and construction of public. improvements.
IT IS ,FURTHER FOUND, DETERMINED and ORDERED that said owners, as ;,
specified in. Section 2804 of said Streets and Highways Code, have
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furnished the City with their affidavit and any additional evidence
which said City may have required, concerning the existence of mortgages
br deeds of trust on that portion of said lands to be assessed which is
for the financing of,the acquisition and construction of improvements
to be initiated under a contract entered into or proposed to be entered
into lursuant to Section 66462 of said Government Code, and the. names
of and mortgagees or beneficiaries thereunder, and said City has not
required any additional evidence over and above said affidavit and
additilonal evidence referred to above, all in strict compliance with
the requirements of Section 2804.2 of said 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, Division 12 of said Streets and Highways Code and the bonds upon.
' the uipaid assessments thereof shall be issued pursuant to the
Improvement Bond Act of 1.915, Division l0 of said Street and Highways
Code.
IT IS FURTHER FOUND, DETERMINED and ORDERED that the provisions
of Division 4 of staid Streets and Highways Code other than those
referred to herein be,.and they are hereby, dispensed with.
the
the Charter of said
I hereby certify the foregoing .Resolution was introduced and adopted by the
Council of the Ciry of Petaluma at a (Regular) ~(1~,1(~}(~ meeting
on the ,.........,1,$.~h... day of ....................M~.~..........._..............., 19...~,, by the
following vote:
Approved as to
form
Ciry Attorney ,
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AYES: Councilmen Per'rv, Harberson, Bond, Battaglia, Cavanagh, Mayor Mattei
xoES: None s.
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ABSENT: CO U C ' :l.man B. ~ , -
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ATTEST: .....: :..~:Ct:..l ~ --- ----- -- ------- - ---- ------- -----.....----.... _ -
City Clerk ................ ...• --..- .......... ...............
COUNCIL FILE 404_0,5 Mayor
FORM CA 2 ILf30 ~ RES. NO. Q~~~ _ _ __ ~ ~ _ _ ,
~; .;5.44:3>A-203a
EXHIBIT "A"
a) The improvement of Cypress Drive, Pine View Way, South McDowell
Extension and Lakeville Highway, all as shown on that certain map
entitled "Tentative Map, Oakmead-North Bay Park", prepared by
MacKay & Somps, Civil Engineers, dated August, 1980, approved by
the~Petaluma Planning Commission on February 10, 1981, and on file
with the Petaluma Planning Department, and the improvement thereof
by clearing, gYubbing, excavation, grading, removal of existing
trees, shrubs and structures and the construction therein of base,
pavement, curbs, gutters, sidewalks, repl-acement of existing curb,
gutter, base and pavement, where required, street signs, street
monuments, striping, street lighting facilities, relocation of
existing underground or overhead electrical, gas or communication
facilities, where necessary, facilities for channeling, merging,
staeking,.turning and controlling traffic in accordance with the
requirements of the City of Petaluma and the California Department
of Transportation, sanitary sewer mains, manholes with manhole
frames and covers, cleanouts; wye branches and laterals, where
required, sewer pump station,. force main and appurtenant facilities
and structures, water mains, valves, tees, fittings, hydrants and
services, where required, relocation of existing water mains,
hydrants and services, where required, storm drain mains, manholes
with manhole frames and covers, catch basins and laterals, where
required, together with appurtenances to any or all of the above.
b) The construction of storm drain mains, manholes with manhole frames
and covers, catch basins and laterals, where required, in easements
to be acquired, along the southeasterly a-nd southwesterly lines of
said Oakmead-North Bay Park from Lakeville Highway to South
McDowell Extension together with the widening, deepening and
extension of existing storm drainage ditches, where required, in
easements to be acquired.
c) The construction of sanitary sewer mains, manholes with manhole
frames and covers, cleanouts, wye branches and la erals, where
required, along the southwesterly line of said Oakmead-North Bay
Park starting at Lot 9 and continuing thence westerly, in an
existing City easement, 2,000 feet, more or less, to an existing 27
incYi sanitary sewer main.
d) Landscaping and irrigation facilities in the public right-of-way
including replacement of existing landscaping removed in the public..
right-of-way.
e) The acquisition of all lands and easements and the performing of
all work auxiliary to any of the above and necessary to complete
the same.
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Oakmead=North Bay Park A.D.
3/ 20/81