HomeMy WebLinkAboutCC Resolution 4509RESOLUTION OF INTENTION NO. 4.09
IN THE MATTER OF THE IMPROVEMENTS AND ACQUISITIONS
TO BE MADE IN EAST SAN RAFAEL DRAINAGE ASSESSMENT
DISTRICT NO. 2, CITY OF SAN RAFAEL, MARIN COUNTY,
CALIFORNIA
BE IT RESOLVED by the City Council of the City of San Rafael,
Marin County, California, that it is the intention of said City Council
to order the following improvements and acquisitions to be made in
East San Rafael Drainage Assessment District No. 2, City of San Rafael,
Marin County, California, to wit:
The construction of a storm drainage pumping s-tation to-
gether with all appurtenances in the area northeasterly
from Francisco Boulevard, in the vicinity of Assessors
Parcels 9-150-14 and 30, being a portion of Sections 11
and 12 T1N-R6W, MDB and M; the construction of a
ponding area adjacent to the storm drainage pumping
station; the construction of levee facilities along
the existing bay shore; the acquisition of all neces-
sary interests in real property required for all of
the foregoing work; and the payment of all amounts
necessary to eliminate any fixed special assessment liens
previously imposed upon any parcel to be assessed in the
proposed district.
BE IT RESOLVED that said improvements to be constructed in
the streets, avenues, lanes, courts, roads, places and/or public
ways hereinabove described, will be of dimensions, materials, and
in the particular locations, as set forth and shown on the plans and
specifications and detailed drawings hereinafter referred to; together
with the construction of all appurtenances thereto, including neces-
sary fittings, trenchings, grading and regrading, excavation and fill,
removal of obstructions, connections to existing services, back filling,
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 will be more fully shown on the
plans and specifications and detailed drawings hereinafter referred
0
to;
That the structures and work and improvements herein described
shall be constructed to the grades, sub -grades and elevations severally
F
to be shown upon the plans and profiles and detailed drawings thereof
in the respective locations thereof, which said grades are hereby
adopted as the official grades therefor for all purposes in connec-
tion with the proceedings pursuant to this Resolution of Intention.
Notice is hereby given that said grades may 9e new and different from
those heretofore established or existing, or may be different from
existing ground levels.
All of said work shall include, without duplication, any
and all street intersections, terminations and opposite terminations
occurring within the limitations of said work.
The attention of all persons is directed to the fact that
not all of said classes of work above described may be constructed
upon all the streets and/or public ways above described in their entirety,
but only upon the particular locations as shown on the plans and specifica-
tions hereafter referred to, which said plans and specifications shall
govern as to all details with relation to the same.
BE IT FURTHER RESOLVED that the City Council of the City of San
Rafael hereby makes the expenses and costs of said improvements and ac-
quisitions chargeable upon a district, which said district said City
Council hereby declares the district benefited by the improvements and
acquisitions herein described; said district shall include that terri-
tory in the City of San Rafael, County of Marin, State of California,
which is shown on that certain map on file in the office of the City
Clerk of the City of San Rafael and which is entitled and described
"Proposed Boundaries of East San Rafael Drainage Assessment District
No. 2, City of San Rafael, Marin County, California," and which said
map indicates by a boundary line the extent of the territory included
in the proposed district and covers all details as to the extent of
the area to be assessed; said map is, by this reference, incorporated
heroin and made a part hereof.
Excepting from the area shown and delineated on said map
hereinabove referred to, the area of all public streets, avenues,
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lanes, roads, drives, courts, places, public parks, and all ease-
ments and rights-of-way therein contained belonging to the public,
and also all property owned by the City of San Rafael, the County of
Marin, the State of California, or the United States of America, con-
tained therein, now in use in the performance of a public function.
NOTICE IS HEREBY GIVEN that serial bonds to represent unpaid
assessments, and bearing interest at the rate of not to exceed seven
per cent (7%) per annum shall be issued in the manner and form provided
in Part 51 Division 7 of the Streets and Highways Code of the State
of California (Improvement Act of 1911) to represent unpaid assess-
ments of Fifty Dollars ($50.00) or over, the last installment of which
bonds shall mature twenty-four (24) years from the 2nd
day of January next succeeding the next September lst 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
the unmatured principal."
In case of default, there shall be added to the defaulted
amount one per cent (1%) of the amount thereof, and on the 1st day
of each month following such default there shall be added a further
penalty of one per cent (1%) of such defaulted amount. The one per
cent (1%) penalty first imposed shall be retained by the Treasurer
as a cost of servicing the delinquency and all subsequent penalties
shall be paid to,the holder of the bond along with and as a part of
such defaulted payment.
Proceedings for all work shall be taken pursuant to the Muni-
cipal Improvement Act of 1913, and the bonds hereinabove described
shall be issued under the provisions of the Improvement Act of 1911
as heretofore described.
BE IT FURTHER RESOLVED that in accordance with the provisions
of Sections 10203 and 10204 of the Streets and Iiighways Code, being
a part of the Municipal Improvement Act of 1913, the matter of the
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improvements and acquisitions herein referred to is hereby referred
to the Engineer of Work of said assessment district, the person having
charge and control of the improvements and acquisitions described in
this resolution. Said Engineer of Work is hereby directed to make
and file with the City Clerk of the City of San Rafael a report in
writing containing the following:
a. Plans and specifications of the proposed improve-
ment if the improvement is not already installed;
b. A general description of the works or appliances
already installed and any other property necessary
or convenient for the operation of the improvement,
if the works, appliances or property are to be
acquired as part of the improvement;
C. An estimate of the cost of the improvement and of
the cost of lands, rights-of-way, easements and
incidental expenses in connection with the improve-
ment. If the legislative body in the resolution
of intention ordered that private utility damages
be included in the assessment, the report shall
contain an estimate of_private utility damages;
d. A diagram showing the assessment district and the
boundaries and dimensions of the subdivisions of
land within the district as they existed at the
time of the passage of the resolution of intention.
Each subdivision, including each separate condomin-
ium interest as defined in Section 783 of the
Civil Code, shall be given a separate number upon
the diagram.
e. A proposed assessment of the total amount of the
cost and expenses of the proposed improvement
upon the several subdivisions of _land in the
district in proportion to the estimated benefits
to be received by such subdivisions, respectively,
from the improvement. When any portion or percent-
age of the cost and expenses of the improvement
is ordered to be paid out of the treasury of the
municipality, pursuant to Section 10200, the
amount of such portion or percentage shall first
be deducted from the total estimated cost and
expenses of the improvement, and the assessment
upon property proposed in the report shall include
only the remainder of the estimated cost and
expenses. The assessment shall refer to the sub-
divisions by their respective numbers as assigned
pursuant to subdivision (d) of this section.
BE IT FURTHER RESOLVED that the City Council of the City of
San, Rafael intends to create a maintenance district pursuant to the
provisions of Chapter 26, Part 3, Division 7, of the Streets and High-
ways Code, being Sections 5820 et. seq. thereof, for the purposes of
bearing the expense of maintaining and operating all equipment and
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facilities necessary for the maintenance of the levee, including the
cost of necessary repairs, replacements, fuel, power, electrical cur-
rent, care, supervision and any or all other items necessary for said
purpose; that the area to be so assessed is as shown on that certain
map entitled, "Boundary Map of Levee Maintenance District, East San
Rafael Drainage Assessment District No. 2, City of San Rafael`, Marin
County, California," on file in the office of the City Clerk of the
City of San Rafael; that the amounts so assessed are to be levied and
collected in the same manner and by the same officials as taxes for
City purposes are levied and collected; that the boundaries of the
Levee Maintenance District are more particularly described as follows:
BEGINNING at a point on the northerly boundary of "Francisco Boulevard"
(State Highway 69) from which the Southwest corner of Lot 17, Section 11,
T.-1 N., R. 6W. , M.D. M. bears South 004'00" West, 51. 60 feet (called
South 1 *17'18" West in Volume 2107 of Official Records at page 228, Marin
County Records); thence leaving said Francisco Boulevard, along the exterior
boundary of 2107 O. R. 228 the following courses and distances: North 37° 32142"
East, 210. 00 feet (called North 3846' East in 2107 O. R. 228); thence North
52°27118" West, 246. 41 feet (called North 51 °14' West in 2107 O. R. 228), and
thence northwesterly along a curve to the right, tangent to the preceding course,
having a radius of 1, 263. 00 feet through a central angle of 8°38'29" for a
distance of 190.49 feet to the boundary of the lands of Haskell Norman described
in Volume 1738 of Official Records at page 650, Marin County Records; thence
leaving said exterior boundary of 2107 O. R. 228, along the exterior boundary of
said Norman parcel (1738 O.R. 650) the following( courses and distances: North
37° 32'42" East, 1, 053. 61 feet (called North 38 °46' East in 1738 O. R. 650);
thence South 52'27'18" East, 288. 01 feet (called South 51 '14' East in 1738 O.R.
650) to the easterly line of Lot 17, Section 11, T. 1 N. , R. 6W. , M. D. M. ; thence
along said easterly line South 0°04'00" West, 138. 00 feet (called South 1 17'18"
West in 1738 O. R. 650),. and thence leaving said easterly line South 89°56'00"
East, 660. 00 feet (called South 88°42142" East in 1738 O. R. 650) to the easterly
line of Lot 24, Section 12, T.1 N., R. 6 W. , M. D. M., distant thereon South
0°04'00" West, 302. 09 feet (called South 117'1 8" West in 1913 O. R. 22) from
the Northeast corner thereof; thence leaving said exterior boundary of 1738 O.R.
650, along said easterly line of said Lot 24 South 0°04100" West, 1, 017. 91 feet
(called South 1 °17'18" West in 1913 O. R. 22) to the Southeast corner thereof,
which is also an angle point on the exterior boundary of the "Assessment Diagram,
Francisco Boulevard Assessment District", recorded February 23, 1965 in
Volume 1913 of Official Records at page 22, Marin County Records; thence leaving
said easterly line of said Lot 24, along the exterior boundary of said "Francisco
Boulevard Assessment District" (191 3 O. R. 22) South 8,9°56'00" East, 659. 87
feat (called South 88°42'42" East in 1913 O. R. 22) and thence South 004'00"
West, 427. 67 feet (called South 1 °17'18" West in 1913 O. R. 22) to the northerly
boundary of said Francisco Boulevard (State Highway 69); thence continuing
along said exterior boundary of 1913 O. R. 22, being also said northerly boundary
of Francisco Boulevard, the following courses and distances: westerly along a
curve to the left, whose center bears South 14°58'20" West, having a radius of
527.00 feet through a central angle of 28°21.'20" for a distance of 260.81 feet;
thence South 76°37'00" Nest, 105. 14 feet (called South 77°50'18" West in 1913
O. R. 22); thence South 78°46'42" West, 10. 20 feet (called South 8000'00"
West in 1913 O.R. 22); thence westerly along a curve to the right, tangent to
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the frececling .cou•rse, h, ng a radius of 1 , 473. 00 feet t ough a central angle
of 7'16'00" for a distance of 186. 82 feet; thence South 86 °02'42" West, 307. 85
feet (called South 87'16.00" West in 1913 O. R. 22); thence westerly along a
curve to the right, tangent to the preceding course, having a radius of 973.00
feet through a central angle of 41 °30'00" for a distance of 704. 75 feet, and thence
North 52°27118" West, 575. 97 feet (called North 51 °14'00" West in 1913 O. R. 22)
to the point of beginning.
Containing 50.0671 acres more or less.
BE IT FURTHER RESOLVED that if any surplus remains in the
Improvement Fund after the completion of the improvements and the pay-
ment of all claims from the Improvement Fund, said surplus shall be
distributed in accordance with Section 10427 of the Streets and High-
ways Code.
BE IT FURTHER RESOLVED that it is the intention of said City
of San Rafael to enter into an agreement with the Pacific Gas and
Electric Company under the terms of which the City of San Rafael will
convey to the Pacific Gas and Electric Company the system of electri-
cal facilities in accordance with the provisions of Section 10109-
10111, inclusive, of the Streets and Highways Code of the State of
California.
BE IT FURTHER RESOLVED that the City Council hereby finds
that the public interest will not be served by allowing the property
owners to take the contract for the work and improvements provided
for in this Resolution of Intention.
I HEREBY CERTIFY that the foregoing resolution was duly and
regularly adopted by the City Council of the City of San Rafael, Marin
County, California, at a regular meeting thereof, held on the 18th
day of June, 1973, by the following vote, to wit:
AYES: Councilmen Jensen, Mi skimen, .Mul ryan, Nixon and Mayor Betti ni
NOES: Councilmen None
ABSENT: Councilmen
O
None
MARION A. GRADY, City Clerk,
City of San Rafael, Marin
County, California
e
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RESOLUTION NO. 4662
RESOLUTION AMENDING RESOLUTION OF INTENTION, EAST
SAN RAFAEL DRAINAGE ASSESSMENT DISTRICT NO. 2, CITY
OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA
BE IT RESOLVED by the City Council of the City of San
Rafael, Marin County, California, as follows:
That Resolution of Intention No. 4509 for East San
Rafael Drainage Assessment District No. 2, City of San Rafael,
Y
Marin County, California, adopted by the City Council on the
18th day of June, 1973, is hereby amended by deleting therefrom
the following paragraph:
"NOTICE IS HEREBY GIVEN that serial bonds to represent
unpaid assessments, and bearing interest at the rate
of not to exceed seven per cent (7%) per annum shall
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, the last installment of which bonds shall
mature twenty-four (24) years from the 2nd day of
January next succeeding the next September 1st follow-
ing 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 the unmatured principal.'
In case of default, there shall be added to the
defaulted amount one per cent (la) of the amount
thereof, and on the 1st day of each month follow-
ing such default there shall be added a further
penalty of one per cent (la) of such defaulted
amount. The one per cent (1%) penalty first
imposed shall be retained by the Treasurer as a
cost of servicing the delinquency and all subse-
quent penalties shall be paid to the holder of the
bond along with and as.a part of such defaulted
payment."
and substituting therefor the following:
"NOTICE IS HEREBY GIVEN that serial bonds to repre-
sent unpaid assessments, and bearing interest at the
rate of not to exceed seven per cent (7%) per annum,
shall be issued herein in the manner provided in
Division 10 of the Streets and Highways Code (the
Improvement Bond Act of 1915), the last installment
of which shall mature fourteen (14) years from the
2nd day of July next succeeding ten (10) months from
their date.
NOTICE IS HEREBY FURTHER GIVEN that the procedure
for collection of assessments and advance retire-
ment of bonds under the Improvement Bond Act of 1915
shall be as provided in Part 11.1, Division 10, of
the Streets and Highways Code of the State of Cali-
fornia."
' I HEREBY CERTIFY that the foregoing resolution was duly
and regularly adopted by the City Council of the City of San Rafael,
Marin County, California, at a regular meeting thereof, held on the
4th day of February, 1974, by the following vote, to wit:
AYES: Councilmen Jena,,, Nickimnn Hydngan +Jtvnn and uayor: w-ttinl
NOES: Councilmen
ABSENT: Councilmen t„nA
MARION A. GRADY, City Clerk,
City of San Rafael, Marin
County, California
ATTE.T:��%LLc ;.lc 10
2.
:Wz
RESOLUTION NO. 4789
RESOLUTION AMENDING RESOLUTION OF INTENTION NO. 4509,
AS AMENDED, IN THE MATTER OF THE CREATION OF THE LEVEE
MAINTENANCE DISTRICT, EAST SAN RAFAEL DRAINAGE ASSESSMENT
DISTRICT NO. 2, CITY OF SAN RAFAEL, MARIN COUNTY,CALIFORNIA
BE IT'RESOLVED by the City Council of the City of San
Rafael, Marin County, California, that Resolution of Intention No.
4509, adopted on the 18th day of June, 1973, as amended on the 4th
day of February, 1974, is hereby further amended by deleting there-
from the following language:
"BE IT FURTHER RESOLVED that the City Council of the City of
San Rafael intends to create a maintenance district pursuant to
the provisions of Chapter 26, Part 3, Division 7, of the Streets
and Highways Code, being Sections 5820 et.seq. thereof, for the
purposes of bearing the expense of maintaining and operating all
equipment and facilities necessary for the maintenance of the levee,
including the cost of necessary repairs, replacements, fuel, power,
electrical current, care, supervision and any or all other items
necessary for said purpose; that the area to be so assessed is as
shown on that certain map entitled, 'Boundary Map of Levee Main-
tenance District, East San Rafael Drainage Assessment District
No. 2, City of San Rafael, Marin County, California,' on file
in the office of the City Clerk of the City of San Rafael; that
the amounts so assessed are to be levied and collected in the same
manner and by the same officials as taxes for City purposes are
levied and collected; that the boundaries of the Levee Maintenance
District are more particularly described as follows:
BEGINNING at a point on the northerly boundary of "Francisco Boulevard"
(State lligh�,vay 69) from which the Southwest corner of Lot 17, Section 11,
T. 1 N. , R. 6W. , 1,1. D. NT. bears South 0°0-1'00" Wrest, 51 . 60 feet (called
South 1 017118" l'rest in Volume 2107 of Official Records at pac-e 228, Marin
County Records); thence leavin7 said Francisco Boulevard, along the exterior
boundary of 2107 0. R. 22S the follovvinn courses and distances: Borth 37°3242"
East, 210. 00 feet (called North 38046' Bast in 2107 O. R. 228); thence North
52°27'18" 1„'est, 246.41 feet (called North 51 °14' Wrest in 2107 O. R. 228), and
thence north%vesterly along
a curs to the ri},t, t; a;c.^.t to t:.e-ec =zd_*
t, cour-se,
—1_
4
1
A
having a radius of 1, 263.00 feet through a central angle of 8°38'29" for a
distance of 190.49 feet to the boundary of the lands of Haskell Norman described
in Volume 173S of Official Records at page 650, Marin County Records; thence
leaving said exterior boundary of 2107 O. R. 228, along the exterior boundary of
said Norman parcel (1738 O. R. 650) the follow-inalcourses and distances: North
37°32'42" East, 1,053.61 feet (called North 38°46' East in 1738 O.R. 650);
thence South 52°27'18" East, 288.01 feet (called South 510141 East in 1733 O.R.
650) to the easterly line of Lot 17, Section 11 , T. 1 N. , R. 6W. , M. D. M. ; thence
along said easterly line South 0°04'00" West, 138. 00 feet (called South 1°17'18"
West in 1738 O. R. 650), and thence lcavinR said easterly line South 89056'00"
East, 660. 00 feet (called South 88°42'-12" East in 1735 O. R. 650) to the easterly
line of Lot 24, Section 12, T.1 N. , R. 6 W. , M. D. M., distant thereon South
0°04'00" Nest, 302. 09 feet (called South 1 °17'18" West in 1913 O. R. 22) from
the Northeast corner thereof; thence leaving said exterior boundary of 1738 O.R.
650, along said easterly line of said Lot 24 South 0°0.1'00" Wrest, 1, 017. 91 feet
(called South 1 °17'1 S" «est in 1913 O. R. 22) to the Southeast corner thereof,
which is also an angle point on the exterior boundary of the "Assessment Diagram,
Francisco Boulevard Assessment District", recorded February 23, 1965 in
Volume 1913 of Official Records at page 22, 'Marin Countv Records; thence leaving
said easterly line of said Lot 24, along the exterior boundary of said "Francisco
Boulevard Assessment District" (191 3 O. R. 22) South S9°56'00" East, 659. 87
feet (called South 88° 12' 12" East in 1913 O. R. 22) and thence South 0°04'00"
West, 427. 67 feet (called South 1 °17'18" West in 1913 O. R. 22) to the northerly
boundary of said Francisco Boulevard (State Highway 69); thence continuing
along said exterior botindary of 191 3 O. R. 22, being also said northerly boundary
of Francisco Boulevard, the following courses and distances: westerly alon- a
curve to the left, whose center bears South 1,1°58'20" 1'.'est, having a radius of
527.00 feet through a central angle of 2S°21'20" for a distance of 260.81 feet;
thence South 76037'00" West, 105. 14 feet (called South 77°50'18" Nest in 1913
O.R. 22); tlwnce South 78°46'42" Nest, 10. 20 feet (called South 80°00'00"
West in 1913 O.R. 22); tlience westerly along a curve to the right, tangent to
the preceding course, having a radius of 1, 473. 00 feet through a central angle
of 7'16'00'' for a distance of 186. 82 feet; thence South 86'02'42" West, 307.85
feet (called South 87°16'00" West in 1913 O.R. 22); thence westerly along a
curve to the right, tangent to the preceding course, having a radius of 973.00
feet throtigh a central :angle of 41'30'00" for a distance of 70-1.75 feet, and thence
North 52°27'18" West, 575.97 feet (called North 51°14'00" West in 1913 O.R. 22)
to the point of bejinning.
Containing 50.0671 acres more or less. "
r
I HEREBY CERTIFY that the foregoing resolution was duly
and regularly adopted by the City Council of the City of San Rafael,
Marin County, California, at a regular meeting thereof, held on
the 5th day of August, 1974, by the following vote, to wit:
AYES: Councilmen Jensen, Mulryan, Nixon and Acting Mayor Miskimen
NOES: Councilmen None
ABSENT: Councilmen Mayor Bett i n i
MARION A. GRADY, City Clerk,
City of San Rafael, Marin
County, California