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Resolution 1980-101 -- .. ... 51&6A~22 ~a . ~A:rva 10/08180~2c RESOLUTION NO. 80-101 A RES01,UTION DETERMINING TO UNDERTAKE PROCEEDINGS PURSUANT TO SPECIAL ASSESSMENT AND ASSESSMENT BOND ACTS FOR THE ACQUISITION AND CONSTRUCTION OF IMPROVEMENTS WITHOUT PROCEEDINGS UNDER DIVISION 4 OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA OBATA INDUSTRIAL PARK ASSESSMENT DISTRICT RESOLVED, by the City Council of the City of Gilroy, California, that WHEREAS, all of the owners of more than 60% in area of the property subject to assessment therefor have signed and filed with the City Clerk of this Ci~y a written petition for undertaking proceedings pursuant to special assessment and assessment bond acts, and to assess the costs thereof upon the properties benefited by said improvements, and waivlng proceedlngs under Division 4 of the Streets and Highways Code of the State of California, as provided in the Gilroy City Code, tor the acquisitions and improvements more particularly described in Exhibit "A" hereto attache~ and by reference incorporated herein~ WHEREAS, the cost and expenses of said contemplated acquisitions and improvements are to be chargeable upon an assessment district, the exterior boundarles of which are the coterminous exterior boundaries of the composite and consolidated area shown on a map thereof entitled, "Proposed Boundary, OBATA Industrial Park Assessment District", on file in the office of the City Clerk, to which reference is hereby made for further particulars~ and WHEREAS, the public interest and convenience will be served by the taklng of said proceedlngs~ NOW, THEREFORE, IT IS HEREBY FOUND, DETERMINED and ORDERED that all of the owners of more than 60% in area of the property subject to assessment for said proposed acquisitions and improvements have filed with the City Clerk of this City a written petition for the acquisition and construction of improvements pursuant to appropriate special RESOLUTION NO. 80 - 101 to ,! ! <iii! - "": . . .. . assessment and assessment bond acts, without further compliance with the provisions of Dlvision 4 of said Streets and Highways Code, as provided in said Gilroy Clty Code. IT IS FURTHER FOUND, DETERMINED and ORDERED that said proceedings for the acquisition and construction of said improvements shall be had pursuant to Sections l2A.75 through l2A.83, inclusive, and l2A.98 through l2A.107, inclusive, Article II, Chapter l2A of said Gilroy City Code and the bonds upon the unpaid assessments thereof shall be issued pursuant to Bond Plan B, Division 3, Article III, Chapter l2A of said Gilroy City Code. IT IS FURTHER FOUND, DETERMINED and ORDERED that the provisions of Division 4 of said Streets and Highways Code be, and they are hereby dispensed with, as provided in said Gilroy City Code. '* '* '* '* '* I hereby certify that the foregoing resolution was duly and regularly adopted and passed by the City Council of the City of Gilroy, continued California, at a/regular meeting thereof held on the 27th day of October , 1980, by the fOllowlng vote of the members thereof: AYES, and in favor thereof, Councilmembers: ALBERT, CUNNINGHAM,HUGHAN, LINK, PATE, TAYLOR and GOODRICH. NOES, Councilmembers: None ABSENT, Councilmembers: None APPROVED: 7/~$~ -2- .. ~~ "! . . .. 5664A-2l6a EXHIBIT "An a) The acquisition of property necessary for the widening of the southwesterly one-half of Luchessa Avenue to a uniform half width of 43 feet from a point 1,850 feet, more or less, measured along the existing centerline of Luchessa Avenue easterly of the easterly line of u.s. 101 Highway, running thence southeasterly 2,440 feet, more or less, and for the opening of a new street of the uniform width of 70 feet from Luchessa Avenue at a point 2,310 feet, more or less, measured along the existing centerline of Luchessa Avenue from said easterly line of u.s. 101 Highway, thence southwesterly 970 feet, more or less, southeasterly 1,800 feet, more or less, and northeasterly, at a half street width of 35 feet, 830 feet, more or less, to the centerline of Luchessa Avenue at a point 4,290 feet, more or less, measured along the existing centerline of Luchessa Avenue from said easterly line of u.s. 101 Highway and the improvement thereof by clearing, grubbing, grading, removal of existing trees, shrubs and structures, and the construction therein of base, pavement, curbs, gutters, street signs, striping, monuments, barricades, underground serviced street lighting facilities, surface and subsurface storm drainage facilities, including outfall structures, where required, sewer mains, manholes, with manhole frames and covers, wye branches, laterals and cleanouts, where required, water mains, valves, tees, hydrants and services, where required, together with the connection of said sewer and water facilities to existing facilities of the City of Gilroy, underground electrical power distribution and service facilities, underground gas transmission and distribution facilities, and underground communication, transmission and service facilities. b) The construction of an offsite sanitary sewer from the most southerly point of Luchessa Avenue to be widened as described above, running thence northeasterly along existing Luchessa Avenue 1,870 feet, more or less, to the existing sanitary outfall at the Gilroy Sewage Treatment plant. c) The construction of outfall storm drainage facilities, including outfall structures, running from said most southerly point of Luchessa Avenue northeasterly along existing Luchessa Avenue and its prolongation along the northerly line of the Gilroy Sewage Treatment plant 2,830 feet, more or less, to an outfall structure to be constructed on Llagas Creek adjacent to its intersection with the northerly prolongation of Luchessa Avenue hereinabove described. d) The acquisition of all lands and easements and the performing of all work auxiliary to any of the above necessary to complete the same. OBATA Ind. Park A.D. 09/30/80