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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