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HomeMy WebLinkAboutReso - CC - 097-1964U Lr RESOLUTION NO. 0-7 -64 A RESOLUTION DETERMINING COMPLIANCE WITH DIVISION 4 OF THE STREETS AND HIGHWAYS CODE, AND DETERMINING TO UNDERTAKE PROCEEDINGS PURSUANT TO SPECIAL ASSESSMENT AND ASSESSMENT BOND ACTS FOR IMPROVEMENTS WITHOUT FURTHER PROCEEDINGS UNDER SAID DIVISION 4; AND AP�END- ING RESOLUTION OF INTENTION NO. 94 -64 BAYSIDE IMPROVEMENT DISTRICT RESOLVED, by the City Council of the City of Burlingame, California, that WHEREAS, a written petition for undertaking proceedings pur- suant 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 acquisitions and improvements hereinafter described; 1JHEREAS, the costs and expenses of said contemplated acqui- siticns and improvements are to be chargeable upon an assessment district, the exterior boundaries of which are the coterminous exterior boundaries of the composite and consolidated area as more particularly shown on a map thereof on file in the office of the City Clerk, to which reference is hereby made for further particulars. Said map indicates by a boundary line the extent of the territory included in the assessment district and shall govern for all details as to the extent of the assessment district; WHEREAS, said proceedings are in whole or in part for the financing and improvement of streets and easements initiated under a contract entered into or proposed to be entered into between the Developers and the City of Burlingame pursuant to Section 11611 of the Business and Professions Code; WHEREAS, said acquisitions and improvements are more par- ticularly described as follows: (a) Broadway-Bayshore Area: (i) The opening and improving of Carolan Avenue from Toyon Drive to Broadway by grading and the construction therein of base pave- ment and wearing surface, Portland cement concrete curbs, gutters and sidewalks, and storm drainage pipes, catch basins and appurtenances. (ii) The opening and improving of Industrial Way from Carolan Avenue to Bayshore Boulevard by grading and the construction therein of base pavement and wearing surface, Portland cement concrete curbs, gutters and sidewalks, storm drain pipes, catch basins and appurtenances and street lighting facilities. (iii) The widening of Bayshore Boulevard from Industrial Way southeasterly to the southeasterly boundary of the lands of Burlingame Shore Land Co, by the acquisition of an additional ten feet of right of way along said frontage and the improving thereof by grading, removal of existing curb and gutter, and reconstruction of Portland cement con- crete curbs, gutters, sidewalks, base pavement and wearing surface and street lighting facilities. (iv) The construction of a concrete box culvert in the exist- ing open ditch from Carolan Avenue to Bayshore Boulevard. (v) The relocation and reconstruction of sanitary sewers, manholes and appurtenances necessary to accommodate to the proposed improvements, together with the construction of all work and the acqui- sition of all easements auxiliary to any of the above and necessary to complete same. (b) Anza Boulevard Area: (i) The opening and improving of Anza Boulevard from near Burlingame Avenue northerly about 420 feet and the opening and improving of Pacific Road from Anza Boulevard westerly about 720 feet, and the improving thereof by grading and the construction therein of base pave- ment and wearing surface, Portland cement concrete curbs, gutters and sidewalks, storm drain pipes, catch basins, manholes and appurtenances (including such work in storm drain easements as may be required for proper drainage), sanitary sewer mains, wye branches, laterals, manholes and appurtenances, street lighting facilities and a fire alarm system. (ii) The construction of a sanitary sewerage pumping station near the intersection of Anza Boulevard and Burlingame Avenue and the construction of a sanitary sewage force main from said pumping station southerly to and across Bayshore Freeway to Bayshore Boulevard, thence westerly in Bayshore Boulevard to an existing manhole at Dwight Road. (iii) The acquisition of all easements and the construction of all improvements auxiliary to any of the above and necessary to complete the same. (c) Water Distribution and Transmission Facilities: (i) The construction of water mains, valves, hydrants, services and appurtenances in Carolan Avenue from Toyon Drive to Broadway, and in Industrial Way from Carolan Avenue to Bayshore Boulevard, thence southeasterly in Bayshore Boulevard to Toyon Drive, across Bayshore Freeway at the Sanchez Creek culvert, thence northeasterly and easterly across -the lands-o-r-tne-City"of Burlingame to the westerly boundary of Reclamation District No. 20;7, thence southerly and easterly along the southerly boundary of said Reclamation District to and along proposed Pacific Road to proposed Anza Boulevard, thence southerly along Anza Boulevard and its southerly extension to and across Bayshore Freeway to Bayshore Boulevard, thence southeasterly in Humboldt Street to an exist- ing main of the City of Burlingame, together with the acquisition of all easements and the construction of all improvements auxiliary to any of the above and necessary to complete the same. 1_ . WHEREAS, said subdividers, pursuant to Section 2804.1 of the Streets and Highways Code, have submitted written evidence satisfactory to this Council that the total estimated amount of the proposed assessment will not exceed seventy-five per cent .750" 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, said owners have furnished the City Clerk with their affidavit and any additional evidence which said Clerk may have required concerning the existence of mortgages or deeds of trust thereunder, as required by Section 2804.2 of the Streets and Highways Code; WHEREAS, the public interest and convenience will be served by the taking of said proceedings; NOW, THEREFORE, IT IS HEREBY FOUND, DETERMINED and ORDERED, that all of the owners of more than sixty per cent (60jo) 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, and as further defined in Sec- tion 2804.2 of the Streets and Highways Code, have signed and filed with the City Clerk a written petition for improvements pur- suant to appropriate 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 seventy-five per cent (75 ) of the estimated fair market value 3 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 owners, as specified in Section 2804 of the Streets and Highways Code, have furnished the City Clerk with their affidavit and any additional evidence which said Clerk may have required, concern- ing the existence of mortgages or deeds of trust on that portion of said lands to be assessed which is for the financing and im- provement of streets and easements initiated under a contract entered into or proposed to be entered into pursuant to Section 11611 of the Business and Professions Code, and the names of any mortgagees or beneficiaries thereunder, and said City Clerk has not required any additional evidence over and above said affi- davit and additional evidence referred to above, all in strict compliance with the requirements of Section 2804.2 of the Streets and Highways Code. IT IS FURTHER FOUND, DETERMINED and ORDERED, that said pro- ceedings 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. IT IS FURTHER FOUND, DETERMINED and ORDERED, that provisions of Division 4 of the Streets and Highways Code, other than those referred to herein, be, and they are hereby, dispensed with. IT IS FURTHER FOUND, DETERMINED and ORDERED, that it is not intended by the undertaking of said proceedings, nor do such proceedings, rescind, alter, modify, change or abrogate the Agreement by and between the Burlingame Shore Land Company, Inc. and the City, dated September 16, 1963, but on the contrary, these proceedings are undertaken in partial implementation of said Agreement. IT IS FURTHER FOU1,1D, DETERMINED and ORDERED, that the description of the work, set forth in Section 1 of Resolution of 4 Intention No. 94 -64, adopted by this Council on July 20, 1J64, is amended to conform to the description of the acquisi- tions and improvements set forth on page 2 of this Resolution. I hereby certify that the foregoing is a full, true and correct copy of a resolution duly passed and adopted by the City Council of the City of Burlingame, California, at a meeting thereof held on the 3rd day of August , 1964, by the following vote: AYES, and in favor thereof, Councilmen: Crosby-Diederichsen-George-Johnson-Martin NOES, Councilmen: None ABSENT, Councilmen: None City Clerk of the City of Bur ingame APIDROVED: If Mayor 5