HomeMy WebLinkAboutCC Resolution 2865RESOLUTION NO.
A RESOLUTION DETERMINING THAT PROPOSED ASSESSMENTS
WILL NOT EXCEED LIMITATIONS IMPOSED BY LAW AND
DETERMINING TO UNDERTAKE PROCEEDINGS PURSUANT TO
SPECIAL ASSESSMENT AND ASSESSMENT BOND ACTS FOR
IMPROVEMENTS WITHOUT PROCEEDINGS UNDER DIVISION
4 OF THE STREETS AND HIGH19AYS CODE
SANT RAFAEL CAYES
RESOLVED, by the City Council of the City of San Rafael,
California, that
WHEREAS, a written petition for undertaking proceedings
pursuant to special 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, has been filed with the City Clerk of this City for the
improvements more particularly hereinafter described;
WHEREAS, the costs and expenses of said contemplated
improvements are to be chargeable upon an assessment district,
the exterior boundaries of which are more particularly described
as follows:
Commencing at the southwesterly corner of the
lands now or•formerly of A. B. Copeland, as
described in Volume 837, page 406, Official
Records of Marin County; thence S 690 32' E
(S 69' 281 18" E) 1690.24 feet; thence N 200
28' E 17,56 feet; thence S 69" 32' E 14.91 feet;
thence on a curve to the right with a radius of
625 feet through an angle of 610 481 01" having
an are distance of 67.14 feet; thence S 770
52' 06t° a cal-culated distance of 2+5.33 feet;
h
thence S 790 25' W 2026.496 feet; thence N 780
02' W 44.141 feet; thence N 18® 52' W 22.48
feet; thence N 20 03' W 676.74 feet; thence
N 80 05' E 539 feet; thence N 14® 21' E
1636.50 feet to the point of commencement;
WHEREAS, said proceedings are in part for the financing
and improvement of streets and easements initiated under a
contract entered into or proposed to be entered into between.
San Rafael Cayes, Inc., a subdivider, and the City of San
Rafael, pursuant to Section 11611 of the Business and
Professions Code;
WHEREAS, said subdivider, pursuant to Section 2804.1
of the Streets and Highways Code, has submitted written
evidence satisfactory to this Council that the total esti-
mated amount of the proposed assessment will not exceed
seventy-five per cent (75%) of the estimated fair market
value of the land proposed to be assessed after the proposed
public improvements shall have been constructed, and the
Council is fully informed in the premises;
WHEREAS, the public interest and convenience will be
served by the taking of said proceedings;
WHEREAS, said acquisitions and improvements are more
particularly described as follows:
1-A
a) The reclamation of the lands within the proposed assessment
district as described in Section 3 hereof, by constructing
levees, bulkheads, breakwaters and embankments along the
northerly, easterly and southerly boundaries of the pro-
perties thereof, to consist of earth fills with rip rap, and
a concrete block wall on top thereof along said northerly
and easterly boundaries, and by improving and enlarging the
existing levee along said southerly boundary, together with
appurtenant drainage structures.
b) Street fill under East Canal Street from its present east-
erly terminus southeasterly to the easterly boundary of
San Rafael Cayes, Unit One, Catalina Boulevard from Canal
Street to the southerly boundary of San Rafael Cayes, Unit
One, Newport Boulevard from Canal Street to the northerly
boundary of San Rafael Cayes, Unit One, and Newport Way for
its entire length, including reasonable sloping for the
support thereof within streets.
C) Grading, base pavement and wearing surface, curbs, gutters,
sidewalks; sanitary sewer mains, manholes, wye branches,
laterals and appurtenances; storm drain pipes, manholes,
catch basins, and appurtenances; rights of way and use in
water mains, valves, hydrants, services and appurtenances;
street signs, street monuments, street barricades, street
landscaping, electroliers; rights of service and use in
underground electrical distribution facilities in all of
said streets and in public easements within said Tract; a
storm water pump station; and a sanitary sewer pumping
station and force main to the sewage treatment plant of the
San Rafael Sanitation District.
d) The acquisition of lands, easements, rights and property
and the construction of all improvements auxiliary to any
of the above and necessary to complete the same.
2
NOW, THEREFORE, IT IS HEREBY FOUND, DETERMINED and ORDERED,
that all of the owners of more than sixty per cent in area of
the property subject to assessment for said improvements who
appear to be such on the Assessor's roll on the day that said
petition was filed, or, in the case of transfers of land or parts
thereof subsequent to the date upon which 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 use to prepare
the next ensuing Assessor's roll, have signed and filed with the
City Clerk a written petition for improvements pursuant to appro-
priate special assessment and assessment bond acts, without
further compliance with the provisions of Division 4 of the
Streets and Highways Code.
IT IS FURTHER FOUND, DETERMINED and ORDERED 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 public improvements shall have been
constructed.
IT IS FURTHER FOUND, DETERMINED and ORDERED that said
proceedings shall be had pursuant to the Municipal Improvement
Act of 1913 and bonds upon the unpaid assessments thereof shall
be issued pursuant to the Improvement Act of 1911; provided,
however, that proceedings for the acquisition of said improve-
ments shall not be initiated pursuant to said Acts unless and
until all of the said improvements have been completed to the
standards of the City of San Rafael and other agencies having
jurisdiction over any of said improvements, and to the satisfac-
tion of the City Engineer.
IT IS FURTHER FOUND, DETERMINED and ORDERED that the provi-
sions of Division 4 of the Streets and Highways Code be, and
they are hereby, dispensed with.
3
I hereby certify that the foregoing _s a full, true and
correct coy of a resolution_ duly passed and adopted by the City
Council of the City of San i a-F'ael,, Call lforn a, at a meeting
the reoheld on
the day o t .._ 9 , Q ,`; , by
-"
the fo"llo —Lng vote ` of the mermbers thereof
AYES, and in favor -hereof, Councilmen
F
NOES, Councilmen
ABSENT. Councilmen -
® La MORGAN
City Clem<- of 4the City, of San Rafael
mQ
APPROVED:° C. COR ELL — Deputy City 'Clerk