HomeMy WebLinkAboutCC Resolution 6801 (Kerner Blvd Assessment District)RESOLUTION NO. 6801
RESOLUTION APPROVING REPORT AND ASSESSMENT
AND ORDERING IMPROVEMENT
KERNER BOULEVARD ASSESSMENT DISTRICT
The City Council of the City of San Rafael resolves:
This Council has taken a series of actions preliminary to
ordering the improvement in the Kerner Boulevard Assessment
District, City of San Rafael, Marin County, California, and now
makes the following findings and orders:
1. The Council adopted a map showing the boundaries of
the land benefited by the proposed improvement. A copy of the
boundary map was filed in the office of the County Recorder of the
County of Marin in the Book of Maps of Assessment Districts.
2. The Council adopted its Resolution of Intention to
order the improvement described therein under the Municipal
Improvement Act of 1913, and directed the Director of Public Works
of the City of San Rafael, as the Engineer of Work for the
assessment district, to prepare the report required by Section 10204
of the Streets and Highways Code.
The improvement is generally described as follows:
a. The construction of Kerner Boulevard, Pelican Way, and
Morphew Street, including clearing, grading, subbase,
base, pavement, curbs and gutters, storm drainage
facilities, sanitary sewers and appurtenances; a system of
domestic water supply including fire hydrants and other
appurtenances; street lights and underground electrical,
gas, telephone, and all other improvements and facilities
necessary for completion of the street improvements, and
the acquisition of all necessary interests in real
property.
Kerner Boulevard is to be constructed from the
northwesterly boundary of Assessor's Parcel 9-290-29 in a
southeasterly direction to the intersection with Piombo
Place and southwesterly to Francisco Boulevard.
Pelican Way is to be constructed from Francisco Boulevard
northwesterly for a distance of approximately 950 feet.
Morphew Street is to be constructed from Francisco
Boulevard to the northwesterly boundary of Assessor's
Parcel 9-290-25.
b. The reconstruction of curb and gutter along a portion
of the northerly side of Francisco Boulevard from Kerner
Boulevard to the northwest corner of Assessor's Parcel
No. 9-290-29.
C. The construction of open space facilities including
pond grading, culverts for controlled tidal flow,
breakwater, planting and the acquisition of all necessary
ORIGINAL ��o,
interests in real property.
The assessment district will receive $400,000 from sources
other than assessment district bonds for use in connection
with the open space facilities. The $100,000 contribution
agreed to by property owners -- Forrest Morphew; Fred
Grange; Horst Hanf and William Poeschl; and Mario Ghilotti
(Fairview Lands) will be included in the bond issue and
assessed only against properties of said owners.
d. 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, if such
prepayment is dictated by sound underwriting principles.
The Resolution of Intention was later amended.
3. The Engineer of Work filed the report as directed, and
the City Council called a hearing on the report as required by
Section 10301 of the Streets and Highways Code. Notice of the
hearing was given by publication, by street posting and by mailing
to affected property owners, all according to the Municipal
Improvement Act of 1913. Affidavits of publication, posting and
mailing were filed with the City Clerk.
4. At the time and place for which notice was given, the
City Council conducted a public hearing and gave every interested
person an opportunity to object to the proposed improvement, the
extent of the assessment district, or the proposed assessment.
Following the hearing, at the direction of the Council, the Engineer
of Work filed an amended report.
5. The Council finds that written protests against the
proposed improvement have not been made by owners representing more
than one-half of the area of the land to be assessed for the
improvement.
6. The documents and events described in paragraphs 1 to
4, inclusive, are stated here in tabular form, with their dates and,
where appropriate, their numbers. All documents are now on file
with the City Clerk.
Document or Event
Date
Number
a.
Resolution approving Boundary Map
11/1/82
6433
b.
Boundary Map filed with County Recorder
11/19/82
-
c.
Resolution of Intention
11/15/82
6447
d.
Resolution amending Resolution of Intention
3/19/84
6764
e.
Filing of Engineer's Report
3/19/84
-
f.
Resolution accepting Report
3/19/84
6766
g.
Certificate of Mailing Notice of
Improvement
3/22/84
-
h.
Affidavit of Publication of Notice of
Improvement
3/26/84
-
i. Certificate of Posting of Notice of
Improvement 4/2/84 -
j. Public hearing conducted 5/7/84 -
k. Filing of Amended Engineer's Report 5/7/84 -
7. The Council approves the Amended Engineer's Report and
each component part of it, including each exhibit incorporated by
reference in the report.
8. The Council finds that the Engineer of Work, in the
Amended Engineer's Report has fairly and properly apportioned the
cost of the improvement to each parcel of land in the assessment
district in proportion to the estimated benefits to be received by
each parcel, respectively, from the improvement. The City Council
hereby confirms and levies each individual assessment as stated in
the Amended Engineer's Report.
9. This City Council orders the improvement described in
paragraph 2 and as detailed in the Amended Engineer's Report.
10. Serial bonds representing unpaid assessments, and
bearing interest at a rate not to exceed the maximum rate permitted
by law at the time of issuance of bonds, will be issued in the
manner provided by the Improvement Bond Act of 1915 (Division 10,
Streets and Highways Code), and the last installment of the bonds
shall mature not to exceed nineteen (19) years from the second day
of July next succeeding ten (10) months from their date.
11. According to Section 10603 of the Streets and
Highways Code, the Council designates the City Treasurer to collect
and receive payment of the assessments.
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 May, 1984, by the
following vote, to wit:
AYES: COUNCILMEMBERS: Frugoli, Nave, Russom and Mayor MuTryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Breiner
JE"i Ezi�. LEONCINI, City Clerk
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