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Resolution 1982- 11 -~y 8736A-347a . WMAM.A: rva 01/18/82 r2c ~ 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 ~ . . 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 . 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. -2- ~ . . 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. * * * * * -3- ., . . 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 oy APPROVED: ?L~D~ . Mayo r -4- . ' ~ 6482A-262a . . 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