Resolution 1982- 11
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8736A-347a
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01/18/82
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RESOLUTION NO. 82- 11
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 THE
ACQUISITIONS AND IMPROVEMENTS WITHOUT FURTHER
PROCEEDINGS UNDER SAID DIVISION 4
LAS ANIMAS TECHNOLOGY PARK ASSESSMENT DISTRICT
RESOLVED, by the City Council of the City of Gilroy, 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 of the State of California,
as provided in the Gilroy City Code, signed by the Qwners of more than
60% in area of the properties proposed to be assessed has been filed
with the City Clerk of said City for the acquisitions and improvements
more particularly described in Exhibit wAw hereto attached and by
reference incorporated herein;
WHEREAS, the cost and expenses of said acquisitions and
improvements, together with the incidental expenses of said proceedings,
are to be chargeable upon an assessment district, the exterior
boundaries of which are the coterminous exterior boundaries of the
composite and consolidated area shown on a map thereof on file in the
office of the City Clerk and which indicates by a boundary line the
extent of the territory included in the proposed district and which
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 of acquisitions and construction of improvements in said
subdivision to be initiated under a contract entered into or proposed
to be entered into between Joel R. Smolen and Arroyo Circle Group I, a
California limited partnership and the City of Gilroy, pursuant to
Section 66462 of the Government Code of the State of California;
Resolution No. 82-ll
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WHEREAS, the subdividers of Las Animas Technology Park, pursuant
to Section 2804.1 of said Streets and Highways Code, have submitted
written evidence satisfactory to this Council 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 acquired and constructed, and the
City Council is fully informed in the premises;
WHEREAS, said owners have furnished the City with their
affidavit, and any additional evidence which said City may have
required, concerning the existence of mortgages or deeds of trust on
said land proposed to be subdivided and the names of any mortgagees or
beneficiaries thereunder, as required by Section 2804.2 of said Streets
and Highways Code; and
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 60% in area of the property subject to
assessment for said acquisitions and 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
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defined in Section 2804.2 of said Streets and Highways Code, have
signed and filed with the City Clerk a written petition for the
acquisition and construction of improvements pursuant to appropriate
special assessment and assessment bond acts, without further compliance
with the provisions of Division 4 of said Streets and Highways Code, as
provided in said Gilroy City 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 acquisition and construction of public improvements.
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IT IS FURTHER FOUND, DETERMINED and ORDERED that said owners, as
specified in Section 2804 of said Streets and Highways Code, have
furnished the City with their affidavit and any additional evidence
which said City may have required, concerning the existence of mortgages
or deeds of trust on that portion of said lands to be assessed which is
for the financing of the acquisition and construction of improvements
to be initiated under a contract entered into or proposed to be entered
into pursuant to Section 66462 of said Government Code, and the names
of any mortgagees or beneficiaries thereunder, and said City has not
required any additional evidence over and above said affidavit and
additional evidence referred to above, all in strict compliance with
the requirements of Section 2804.2 of said Streets and Highways Code.
IT IS FURTHER FOUND, DETERMINED and ORDERED that said proceedings
shall be had pursuant to sections l2A.75 through 12A.83, inclusive, and
l2A.98 through l2A.I07, 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 12A
of said Gilroy City Code.
IT IS FURTHER FOUND, DETERMINED and ORDERED that the provisions
of Division 4 of said Streets and Highways Code other than those
referred to herein be, and they are hereby, dispensed with, as provided
in said Gilroy City Code.
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I hereby certify that the foregoing resolution was duly and
regularly adopted and passed by the city Council of the City of Gilroy,
California, at a regular meeting thereof held on the lst day of
February, 1982, by the following vote of the members thereof:
AYES, and in favor thereof, Counci1members: ALBERT, GAGE, HUGHAN,
LINK, TAYLOR, VALDEZ and GOODRICH.
NOES, Counci1members:
None
ABSENT, Councilmembers:
None
A2td~ ~.
~ty Clerk of the
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APPROVED:
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6482A-262a
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EXHIBIT "A"
a) The acquisition of property necessary for the installation of public
utilities, landscaping and the opening of Arroyo Circle from
Leavesley Road to Camino Arroyo and for the opening of the southerly
630 feet, more or less, of Camino Arroyo from Gilman Road northerly
to its intersection with the southerly terminus of Arroyo Circle
and for the opening of the northerly 600 feet, more or less, of
Camino Arroyo as a cul-de-sac from its intersection with Arroyo
Circle running thence southeasterly and southerly 600 feet, more or
less, as said Arroyo Circle and Camino Arroyo are shown on that
certain map entitled, "Tentative Map, Las Animas Technology Park",
prepared by Reimer Associates, dated November 12, 1980, approved by
the Planning Commission of said City on December 18, 1980, and by
the City Council of said City on January 5, 1981, and on file in
the Planning Department of said City, and the improvement thereof
by clearing, grubbing, grading, removal of existing trees, shrubs
and structures and the construction therein of base, pavement,
curbs, gutters, walkways, headers, barricades, street signs, street
monuments,. water mains, valves, fittings, hydrants and water
services, where required, improvements to Well No. 7 including pump
house, telemetry, water line to street, drainage pipe and other
necessary service improvements, underground electrical service
facilities, conduits, cables and transformers necessary therefor,
underground conduit and structures for telephone communication
service, gas mains and pipes, facilities for channeling, merging,
stacking and turning and controlling traffic in accordance with the
requirements of the City of Gilroy by the construction of curbs,
concrete islands, pavement painting and striping, where required,
street lighting, including electroliers, conduit, pull boxes and
wiring, where required, landscaping, including sprinkler and
irrigation systems, where required, sanitary sewer mains, manholes
and manhole frames and covers, cleanouts, wye branches and laterals,
where required, storm drain mains, manholes with manhole frames and
covers, catch basins and laterals, where required, together with
appurtenances to any and all of the above.
b) The acquisition of capacity rights and the right of service and use
in water supply, treatment, storage, transmission and distribution
facilities, in sanitary sewerage treatment, disposal, transmission
and collection facilities, in storm drainage collection,
transmission and disposal facilities and in street lighting
facilities of the City of Gilroy.
c) The reconstruction and/or modification of the existing curbs,
gutters and pavement in Leavesley Road and Gilman Road where the
new streets intersect said existing streets in accordance with the
requirements of the City of Gilroy.
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.
City of Gilroy
Las Animas Tech. Park A.D.
10/27/8l