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HomeMy WebLinkAboutCC Resolution 7692 (Sidewalk Repair)RESOLUTION NO. 7692 RESOLUTION OF CITY COUNCIL OF THE CITY OF SAN RAFAEL CONFIRMING THE REPORT OF THE SUPERINTENDENT OF STREETS, LEVYING ASSESSMENT FOR THE REPAIR OF SIDEWALKS, ETC., AND ORDERING COLLECTION THEREOF WITH REGULAR TAXES WHEREAS, pursuant to the provisions of the "Improvement Act of 1911", being subdivision 7 of Streets and Highways Code of the State of California, the Superintendent of Streets did, on the 10th of December, 1987, notify the owner or person in possession of that certain real property in the City of San Rafael, California, commonly known as 298 Oleander Drive, San Rafael, California, to repair a portion of the sidewalk in front of the above address which was out of repair and endangered persons and property in the use thereof; and that said owner or person in possession of said property failed and neglected, after due notice, to cause said repairs to be done and made; and that, therefore, the said repairs were completed by the said Superintendent of Streets; and WHEREAS, the said Superintendent of Streets, upon the comple- tion of said repairs, filed with this City Council his report upon said repairs and the cost thereof, and gave notice to the owner or person in possession of said property hereinabove referred to, in the time, form and manner prescribed by law, that the hour of 8 o"clock P.M., on the 7th day of March, 1988, was the hour fixed for a hearing upon said report; that evidence having been introduced thereon, NOW, THEREFORE, IT IS RESOLVED by the City Council of the City of San Rafael, as follows: 1. That all notices have been given as provided by law, and required by the provisions of the "Improvement Act of 1911"; and that the report of the Superintendent of Streets upon the repairs be, and it is hereby, confirmed. 2. That an assessment in the amount of One Thousand Five Hundred and Sixty Dollars ($1,560.00), representing the repairs made by said Superintendent of Streets, against the property herein - above described is hereby made and confirmed and the Superintendent of Streets is hereby directed to notify such owner or person in possession of said property of said assessment. 3. That if the owner or person in possession of said pro- perty fails to pay said assessment within five (5) days from date hereof, as provided by law, the Superintendent of Streets shall prepare a Notice of Lien and deliver the same to the Auditor of the County of Marin, State of California, who shall enter the amount thereof on the County Assessment Book opposite the description of said real property and the amount thereof shall be collected together with all other taxes thereon against said real property. I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, California, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said City held on the 7th day of March, 1988, by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Frugoli, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Boro JEWP- M. LEONCIN City Clerk REPOR'l BY SUPERINTENDENT OF STREETS ON REPAIR TO SIDEWALK AT 298 OLEANDER DRIVE SAN RAFAEL, CALIFORNIA AND COST THEREOF TO: CITY COUNCIL OF THE CITY OF SAN RAFAEL CITY HALL SAN RAFAEL, CALIFORNIA YOU ARE HEREBY NOTIFIED, pursuant to the provisions of the "Improvement Act of 1911" being Division 7 of the Streets and Highways Code of the State of California, that the undersigned Superintendent of Streets did, on the loth day of December, 1987, by mail and posting, notify the owner or person in possession of that certain real property described on Exhibit A, which is attached hereto and incorporated herein by reference, to cause certain repairs to be made to portions of the sidewalk involving three areas of approximately 238 square feet adjacent to said real property because of an unsafe condition as a result of roots from owner's trees damag- ing said sidewalk; that the owner or person in possession, so notified, failed and neglected to to cause said repairs to be made; and that the Superintendent of Streets proceeded to have said repairs done and made at a cost of One Thousand Five Hundred and Sixty Dollars ($1,560.00). You are further notified that the repairs which have been made by the Superintendent of Streets consisted of removing the concrete from said improvements and replacing it with new concrete and the real property in front of which the repairs have been made and the assessment against each lot or parcel of land proposed to be levied to pay the cost thereof are set forth thereon on said Exhibit A. Notice was further given to the owner or person in posses- sion of that certain property hereinabove referred to, that a hearing will be held upon the within report for the purpose of hearing any objections or protests against the cost thereof, or for the levying of an assessment against the said property. DATED: March 7, 1988 Respe u y submitted, DAVID M. BERNARDI SUPERINTENDENT OF STREETS PARCEL ONE DESCRIPTION OF REAL PROPERTY 298 Oleander Drive; Assessor's Parcel No. 178-132-07; further described as Lot 39 as shown on the Map of "Terra Linda No. 1", recorded March 17, 1954, in Volume 8 of Maps at Page 4, Marin County Records. ASSESSMENT AGAINST EACH LOT OR PARCEL OF LAND PROPOSED TO BE LEVIED IS AS FOLLOWS: PARCEL ONE TO BE ASSESSED AT: $1,560.00 EXHIBIT A �o Rhe W N05i4 B6 95 )e 23 �9 D? ;. 4T o. / a all' 0 46 W 46.1t E I� E \s N N16 r ,o0 4 ... 19 ►5 0 \o M o� W 1 s N 1 12 • o d i �' j 1� sTT•r 6 ^' v w o, �'E j•2 m 6S.3 57.17 v I� •p1'E 'o .r tJ1 oo v � r+ 105.39 1 35 T V. 9 12E • 0 2831P. 15 Q E 'o a 00 6 2 �� 10 9L �1k �35 o\s C �� G 1 36 4391 h i 0 (1 U. �� ,�2 3GGJO JJ�r 56 p�95O `rte, IE Z,E r 3 \ o c s / 2 ,��� 2 0° 3T ?1° ° 9 i2 as° 13 $7.� .E 5 E a r _ 3 R sn 'c+f tJT Y 0 c m i? 'o mos r�0066 15 14 O ' 3G 38f `" go. 6"6 90 5 X17 b� o 16 1 . \�� 08 .v+ ,s �P 25 0Q,� �'� a�� e,�+ a • ; S,00 o ,a' 16 1T 39 119 t IC•E ~�� o W •L R m �9 °b ���\,� 0 110� 19 X20 031a\A�r oo H Ne r ° Q3 U) o 10 ' ?0 o ,118 1866 0 t ,1 21 .p93 J- 21 �13 100 22 100 v m qtr' \� I00t 0-�� M NP L-0 C Pj 1014 3 CITY 6750 OF 3 SAN RAFAELI NOTICE OF LIEN 400 FIFTH AVENUE, P.O. BOX 60, SAN RAFAEL •ALIFORNIA 94915-0060 Pursuant to the authority vested in me by the Improvement Act of 1911, I did, on the 29th day of January 1988, cause the sidewalk in front of the real property hereinafter described, to be repaired and improved, and the legisla- tive body of said City, did on the 7th day of March 1988, by Resolution No. 7692 assess the costs of such repair upon the real property hereinafter described, and the same has not been paid nor any part thereof, and the said City does hereby claim a lien on said real property in the sum of One Thousand Five Hundred and Sixty Dollars ($1,560.00), and the same shall be a lien upon said real property until the said sum, with interest at the rate of six (6) per cent per annum, from the said 7th day of March , 1988 has been paid in full and discharged of record. The real property hereinbefore mentioned and upon which a lien is claimed, is that certain piece or parcel of land lying and being in the City of San Rafael, the County of Marin, State of California and particularly described as follows, to -wit: 298 Oleander Drive; Assessor's Parcel No. 178-132-07; further described as Lot 39 as shown on the Map of "Terra Linda No. 1", recorded March 17, 1954, in Volume 8 of Maps at Page 4, Marin County Records. Dated: March 24, 1988 RECORK:D ' i � Ei,-R)E5 i OF AGENCY SHOWN 3r;`,3 VAR 31 F11 12: 00 lei CGti;; 'i t: ' i',;-ORMP No GiC6103 DAVID M. BERNARDI Superintendent of Streets Dept. of Public Works City of San Rafael NOTICE OF LIEN UNPAID SIDEWALK REPAIR CHARGES PARCEL NO. INV NAME 33 U 1 U 1 J U AMOUNT 178-132-07 WARD INVESTMENT CO -------- $1,560.00 Signed: RANSOM E. COLEMAN Finance Director CITY OF SAN RAFAEL Attested: �v ,qANNE M. LEON`CINI City Clerk CITY OF SAN RAFAEL Date: March 29, 1988 RESOLUTION NO. 7692 RESOLUTION OF CITY COUNCIL OF THE CITY OF SAN RAFAEL CONFIRMING THE REPORT OF THE SUPERINTENDENT OF STREETS, LEVYING ASSESSMENT FOR THE REPAIR OF SIDEWALKS, ETC., AND ORDERING COLLECTION THEREOF WITH REGULAR TAXES WHEREAS, pursuant to the provisions of the "Improvement Art of 1911", being subdivision 7 of Streets and Highways Code of the State of California, the Superintendent of Streets did, on the 10th of December, 1987, notify the owner or person in possession of that certain real property in the City of San Rafael, California, commonly known as 298 Oleander Drive, San Rafael, California, to repair a portion of the sidewalk in front of the above address which was out of repair and endangered persons and property in the use thereof; and that said owner or person in possession of said property failed and neglected, after due notice, to cause said repairs to be done and made; and that, therefore, the said repairs were completed by the said Superintendent of Streets; and WHEREAS, the said Superintendent of Streets, upon the comple- t4on of said repairs, filed with this City Council his report upon said repairs and the cost thereof, and gave notice to the owner or person in possession of said property hereinabove referred to, in the time, form and manner prescribed by law, that the hour of 8 o"clock P.M., on the 7th day of March, 1988, was the hour fixed for a hearing upon said report; that evidence having been introduced thereon, NOW, THEREFORE, IT IS RESOLVED by the City Council of the City of San Rafael, as follows: 1. That all notices have been given as provided by law, and required by the provisions of the "Improvement Act of 1911"; and that the report of the Superintendent of Streets upon the repairs bre, and it is herebv, confirmed. 2. 'That an assessment in the amount of One Thousand Five Hundred and Sixty Dollars ($1,560.00), representing the repairs made by said Superintendent of Streets, against the property herein - <ti U ( J U above described is hereby made and confirmed and the Superintendent of Streets is hereby directed to notify such owner or person in possession of said property of said assessment. 3. That if the owner or person in possession of said pro- perty fails to pay said assessment within five (5) days from date hereof, as provided by law, the Superintendent of Streets shall prepare a Notice of Lien and deliver the same to the Auditor of the County of Marin, State of California, who shall enter the amount thereof on the County Assessment Book opposite the description of said real property and the amount thereof shall be collected together with all other taxes thereon against said real property. I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, California, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said City held on the 7th day of March, 1988, by the following vote, to wit: AYES: COUNCILMEMBEHS: Breiner, Frugoli, Thay(:r & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Boro JEAV K. LEONCINI, City Clerk r,() I b ( 5 U REPORT : SUPERINTENDENT OF STREE`. ON REPAIR TO SIDEWALK AT 298 OLEANDER DRIVE SAN RAFAEL, CALIFORNIA AND COST THEREOF TO: CITY COUNCIL OF THE CITY OF SAN RAFAEL CITY HALL SAN RAFAEL, CALIFORNIA YOU AIL; HEREBY NOTIFIED, pursuant to the provisions of the "Improvement Act of 1911" being Division 7 of the Streets and highways Code of the State of California, that the undersigned Superintendent of Streets did, on the loth day of December, 1987, by mail and posting, notify the owner or person in possession of that certain real property described on Exhibit A, which is attached hereto and incorporated herein by reference, to cause certain repairs to be made to portions of the sidewalk involving three areas of approximately 238 square feet adjacent to said real property because of an unsafe condition as a result of roots from owner's trees damag- ing said sidewalk; that the owner or person in possession, so notified, failed and neglected to to cause said repairs to be made; and that the Superintendent of Streets proceeded to have said repairs done and made at a cost of One Thousand Five Hundred and Sixty Dollars ($1,560.00). You are further notified that the repairs which have been made by the Superintendent of Streets consisted of removing the concrete from said improvements and replacing it with new concrete and the real property in front of which the repairs have been made and the assessment against each lot or parcel of land proposed to be levied to pay the cost thereof are set forth thereon on said Exhibit A. Notice was further given to the owner or person in posses- sion of that certain property hereinabove referred to, that a hearing will be held upon the within report for the purpose of hearing any objections or protests against the cost thereof, or for the levying of an assessment against the said property. DATED: March 7, 1988 Respe • u' y submitted, DAV1D Al. BERNARI)1 PARCEL ONE DESCRIPTION OF REAL PROPERTY 298 Oleander Drive; Assessor's Parcel No. 178-132-07; further described as Lot 39 as shown on the• Map of "Terra Linda No. 1", recorded March 17, 1954, in Volume 8 of Maps at Page 4, Marin County Records. ASSESSMENT AGAINST EACH LOT OR PARCEL OF LAND PROPOSED TO BE LEVIED IS AS FOLLOWS: PARCEL ONE TO BE ASSESSED AT: $1,560.00 EXHIBIT A