HomeMy WebLinkAbout65-031WJM8cL: S x/24/65
RESOLUTION N0. 65 - 31
A RESOLUTION DETE1~ti1INING COMPLIANCE WITH DIVISION 4 OF THE
STREETS AND HIGHWAYS CODE, AND DETERMINING TO UNDERTAKE
PROCEEDINGS PURSUANT TO SPECIAL ASSESSMENT AND ASSESSMENT
BOND ACTS FOR ACQUISITIONS ANI7 IMPROVEMENTS WITHOUT Ff3RTHER
PROCEEDINGS UNDER SAID DIVISION ~
THE WOODLANDS, UNIT NO. 2
RESOLVED, by the Board of Supervisors of the County of Butte,
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, signed by the
owners of said properties, has been filed with the County Clerk of
this County for the acquisitions and improvements described as follows:
(aj The improving of Wood Circle and Roe Road for their entire
lengths and widths, as shown on the map of The Woodlands, Unit No.
2, by clearing, grubbing and grading, and the construction therein of
untreated rock base and double seal coat asphalt paving within The
Woodlands, Unit No. 2, together with the construction and installa-
tion of water lines, fire hydrants, water services, storm dxains,
curbs and gutters and the acquisition of rights of way for offsite
drainage facilities.
(bj The acquisition of 12-foot drainage easements between
Lot 2g and Lot 30; and between Lot 38 and Lot 39; and a 25-foot
drainage easement across the easterly portions of Lot 38 and Lot 3g.
(cj The construction of all work and improvements and the acqui-
sition of all lands, easements and rights of way auxiliary to any
of the above and necessary to complete the same.
WHEREAS, the costs and expenses of said contemplated acquisitions
and improvements are to be chargeable upon an assessment district,
the exterior boundaries of which are the coterminous exterior bound-
aries of The Woodlands, Unit No. 2 on file in the office of the
County Clerk, which indicate by a boundary line the extent of the
territory included in the proposed district and which shall govern
fox all details as to the extent of the assessment district;
WHEREAS, said proceedings are in whole or in part for the
financing and improving of a water system, streets, drainage and
easements initiated under a contract entered i~pto between Trico
Enterprises, Inc., subdividers,and the County of Butte, pursuant to
Section 11611 of the Business and Professions Code;
4dHEREAS, said subdividers, pursuant to Section 2804.1 of the
Streets and Highways Code, have submitted written evidence satis-
factory to this Board that the total estimated amount of the pro-
posed assessment will not exceed seventy-five per cent (75y) of the
estimated fair market value of the land proposed to be assessed after
the proposed public acquisitions and improvements shall have been
made and constructed, and the Board is fully informed in the premises;
WHEREAS, said owners have furnished the County Clerk with
their affidavit, and any additional evidence which said Clerk may
have required, concerning the existence of mortgages or deeds of
trust on said land and names of any mortgagees or beneficiaries
thereunder, as required by Section 2804.2 of the Streets and High-
ways 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 (60~) in area
of the property subject to assessment for said acquisitions and im-
provements who appear to be such on the assessors 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 assess-
or s roll was prepared, appear to be such on the records in the
County Assessors office which the County Assessor will use to ,pre-
pare the next ensuing Assessor's roll, and as further defined in
Section 2804.2 of the Streets and Highways Code, have signed and
filed with the County Clerk a written petition for acquisitions and
improvements pursuant to appropriate special assessment and assess-
ment bond acts, without further compliance with the provisions of
Division 4 of the Streets and Highways Code.
TT TS FURTHER FOUND, DETERMINED and ORDERED that the total
estimated amount of the proposed assessment will not exceed seventy-
- 2 -
five per cent (75%) of the estimated fair market value of the land
.proposed to be assessed after the proposed acquisitions and improve-
menu have been made and 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 County Clerk with their affidavit and any additional
evidence which said County Clerk 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 and improving of streets and
easements initiated under a contract entered into or proposed to be
entered into pursuant to Section 11611 of the Business and Profes-
sions Code, and the names of any mortgagees or beneficiaries thereunder,
and said County Clerk has not required any additional evidence re-
ferred 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 proceed-
ings shall be had pursuant to the Improvement Act of 1921 and bonds
upon the unpaid assessments thereof shall be issued pursuant to said
Improvement Act of 1911.
IT IS FURTHER FOUND, DETERMINED and ORDERED that provisions
of Divis~.on 4 of the Streets and Highways Code other than those re-
ferred to herein be, and they are hereby, dispensed with.
~ ~ ~ * ~ ~ ~ ~
-3-
PASSED AND ADOPTED by the Board of Supervisors of the County
of Butte, California, on this 6th day of April ,
196 5 , by the following vote:
AYES, Supervisors: GILES, HOWSDEN, MAXON~ McKILLOP~ and
CHAIRMAN PFiYDE.
NOES, Supervisors: NONE.
ABSENT, Supervisors: NONE.
Cha3rm f ai Board
ATTEST: ~ESSIE ROGII3S~ COUNTX CLERK
Clerk of said Board