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Home My WebLink AboutResolution 9167 N.C.S. 05/18/1981~_~ ~~' -1 ,, ~. l~esoiution N0.9~C1 7 N.C.S. of the City of Petaluma, California t 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 LAKEVILLE BUSINESS PARK-CADER ASSESSMENT DISTRICT RESOLVED; by the City Council of the City of Petaluma, California, that WHEREAS, a written petition for undertaking proceedings pursuant to special assessment and assessment bond acts, and to assess the costs thereoflupon 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 60$ in area of the properties proposed to be a~sessed has been filed with the City Clerk of said City for' the acquisiitions and improvements more particularly described in Exhibit "A" hereto ittached and by reference incorporated herein; WHEREAS, 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 ~boundar!ies of which are the coterminous exterior boundaries of the composiite and consolidated area shown on a map thereof entitled "'Propos'ed Boundaries of Lakeville Business Park-Cadet Assessment District", on file in the office of the City Clerk and which indicates by a boundary line the extent of the territory included in the proposed i district and which shall govern for all details as to the extent of the asse sm~nt district; WHEREAS, said.proceedings are in whole or in part for the 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 the subdividers of Lakeville Business Park and the City of Petaluma, pursuant to Section 66462 of the Government Code; Reso, 9167 1 i ;~+1HEREAS, the subdividers of Lakeville Business Park, 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 within said subdivision will not exceed 75% of the estima ed fair market value of the land within said subdiviision proposed to.be assessed after the proposed public improvements shall have been acquired and constructed, and the City Council is fully informed n'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 dr deeds of trust on said 1lnd proposed to be subdivided and~the names of any mortgagees or beneficiaries thereunder, as required by Section 2804.2 of said Streets and Highways Code; and ti~HEREAS, tYie 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 sa-id petition was filed, or, in the. ca e of transfers of land or parts. thereof subsequent to the date upon wYiich 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 u~e to prepare the next ensuing Assessor`s roll, and as further defined in Section, 2804.2 of said 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 estimated amount of the proposed assessment within said subdivision will not exceed 750 of the estimated fair market value of the land within said subdivision proposed to be assessed after the proposed acquisition and construction of public improvements, _ e IIT IS FURTHER FOUND, DETERMINED and ORDERED that said owners, as I specified in Section 2804 of .said Streets and Highways Code, have furnsed 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 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 pursuant to Section 66462 of said Government Code, and the names i of any mortgagees or beneficiaries thereunder, and said City has not required any additional evidence over and above said affidavit and addtinal evidence referred to above, all in strict compliance with the requirements of Section 2804.2 of said Streets and Highways Code. i 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 unpaid assessments thereof shall be issued pursuant to the Improvement Bond Act of 1.91.5, Division 10 of said Street and Highways Code. . IT IS FURTHER FOUND, DETERMINED and ORDERED that the provisions. of Division 4 of said Streets and Highways Code other than those referred to herein be, and they are hereby, dispensed with. I i and authority conferred upon this Cotmcil by the Charter of said I I hereby certify the foregoing Resolution was introduced and adopted by the Council of thQQe City of Petaluma at a (Regular) ~~~X~~~ eeting Approved as to ~_t2t~.... M '~ ~ form on the .... .. ..... day of .............A'.l~Y_..................._............, 19.....r~, by the ~ following vote: .............................................: City Attorney AYES: Counci~lmenPerrv,Harberson,Bond,Battaglia,Cavana9h,Mavor Matter rroES: .None ,~°~~ AI~sENT: Caun~c i lma ~B' ~. ATTEST: ... ,._,~ City Clerk /~,0(,~_O(~. Mayor - ~ ~ COUNCIL FILE - F,ORM:~CA~ 2 1/80 ~ ~ ~ RES., No. ;7.1`3 6P,~286a . _ t, _ EXHIBIT "A" a) The improvement of South Mc-Dowell Boulevard, Riverview Circle (Adobe Creek Circle), Cader Lane, and Lakeville Highway, all as shown on that certain map entitled "Tentative Map - Lakeville Business Park", prepared by MacKay & Somps, Civil Engineers, dated January, 1981, approved by the Petaluma Planning Commission on April 14, 1981, and on file with the Petaluma Planning Department.,. and the improvement of the easterly extension of South McDowell Boulevard through"the Lands of Cader (Assessor's Parcel No. 5-D40-3) by clearing, grubbing, excavation, grading, removal of. existing trees, shrubs and structures, and the construction therein of base, pavement, curbs, gutters, sidewalks, replacement of existing curb, gutter, base and pavement, where required, -street. signs, street monuments, striping, street lighting facilities, landscaping,,including sprinkler and irrigation facilities, where required, relocation of existing underground or overhead electrical, gas and/or communication facilities, where necessary, facilities for channeling, merging, stacking, turning and controlling traffic in accordance with the requirements of the Ci y of Petaluma and the California Department of Transportation, sanitary sewer mains, manholes with manhole frames and covers, cleanouts, wye branches and laterals, where required,. water mains, valves, tees, fittings, hydrants and services, where required, relocation and/or reconstruction of existing water mains, hydrants and services, where required, storm drain mains, manholes with manhole frames and covers, catch basins and laterals, where required, and duct work .for future utility crossings under streets, where required, together with appurtenances to any or all of the above. b) The construction of -form drain mains, manholes with manhole frames and covers, catch basins and laterals, where required, in easements to be acquired along the rear and sides of lots requiring such facilities, together with outfall ditches and the widening, deepening, extension and landscaping of Adobe Creek, where required, within the proposed assessment district. c) The construction of a bridge over Adobe Creek at its intersection with South McDowell Boulevard tog-ether with appurtenances thereto. d) The construction of.a paved access road to the Petaluma River dredging .spoils site together with surface and subsurface storm drainage ;facilities, where required, and fencing together with appurtenances thereto. e) The construction of a sanitary sewer main, together with manholes with manhole frames and covers from the existing. 27 inch trunk sewer 350 feet, more or less, south of the intersection of Cader Lane with South McDowell Boulevard running thence northeasterly in Cader Lane 1300 feet, more or less. ~ I ~ ~. f) The acquisition of all lands and .easements and the performing o~ al_1 work~° auxiliiary to~any of the above and necessary to complete the same. i Lakeville Bs Pk-Cader A.D. 5/T4/81