HomeMy WebLinkAbout66-003WJML: JIB • rd 1/13/66 12c
RESOLUTION N0. 6&-~_
A RESOLUTION DETERMINING COMPLIANCE WITH DIVISION 4
OF THE STREETS AND HIGHWAY'S CODE, AND DETERMINING
TO UNDERTAKE PROCEEDINGS PURSUANT TO SPECIAL
ASSESSMENT AND ASSESSMENT BOND ACTS FOR ACQUISITIONS
AND IMPROVEMENTS WITHOUT FURTHER PROCEEDINGS UNDER
SAID DIVISION 4
SIERRA DEL ORO, UNIT N0. 2 AND ADJACENT AREA
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 High-
ways 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:
(a) The improving of Holmwood Drive, Glenwood Drive,
Wood Drive and Imperial Way for their entire lengths and widths,
as shown on the Map of Sierra Del Oro Estates Unit No, 2,
recorded in the office of the County Recorder, County of Butte
in Book 34 of Maps at Pages 27 to 29, inclusive, by clearing,
grubbing and grading, and the construction therein of paving
consisting of oil penetration and double rock seal coat, on
aggregate base within Sierra Del Oro Estates Unit No. 2, to-
gether with drainage facilities, and all other necessary
appurtenances for the above described improvements,
(b) The improvement of the north one-ha.lf of Rosewood
Drive as shown on the recorded map of Sierra. Del Oro. Estates
Unit No. 1 recorded. in the office of the County Recorder of the
County of Butte, in Book 30 of Maps at Pages 47 to 49, inclusive,
from Magalia Drive to a point approximately 700 feet westerly
therefrom by constructing therein a drainage pipe line, together
with all necessary appurtenant facilities.
(c) The acquisition of a five foot wide easement contiguous
and southerly of the north line of Lot 33, Lot ~ and Lot 43, and
a five foot wide easement contiguous and northerly of the south
line of Lot 54 and Lot 64, all of said Sierra Del Oro Estates
Unit No. 2, and the construction therein of a drainage pipe line
together with all necessary appurtenant facilities.
(d) The acquisition of a seven and one-half foot wide
.easement contiguous and southerly of the south line of Lot 129
and the southerly end of Holmwood Drive in said Sierra. Del Oro
Estates Unit No. 2 and the construction therein of•a. drainage
ditch, together with all necessary appurtenant facilities.
(e} The construction of all work and improvements and
the acquisition 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 a.nd improvements are to be chargeable upon a.n
assessment district, the exterior boundaries of which are the
coterminous exterior boundaries of Sierra Del Oro, Unit No. 2
and Adjacent Area. Assessrr~ent District, 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 for all details as to the extent of the
assessment district;
WHEREAS, said proceedings are in whole or in part for
the financing a.nd improving of streets, drainage and easements
initiated under a contract entered into between Magalia. Corpo-
ration, S & 0 Paradise Inc,,S & 0 Investment Corporation,
and Fir Haven Development Co., subdividers, and the County of
Butte, pursuant to Section 11611 of the Business and Professions
Code;
WHEREAS, said subdividers, pursuant to Section 2$04,1
of the Streets and Highways Code, have submitted written evidence
satisfactory to this Board that the total estimated amount of the
proposed assessment will not exceed seventy-five per cent (75~)
of the estimated fair ,narket 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, a.s 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;
2
NOW, THEREFORE, TT TS HEREBY FOUND, DE'fE1~MINED and
ORDERED, that a.ll of the owners of more than sixty per cent (&Of)
in area of the property subject to assessment for said acquisi-
tions 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 assessors roll was prepared, appear to be such on
the records in the County Assessors office which the County
Assessor will use to prepare the next ensuing Assessors roll,
a.nd as further defined in Section 2804,2 of the Streets and
Highways Code, have signed a.nd filed with the County Clerk a
written petition for a.ct~uisitions and improvements pursuant to
appropriate special assessment and assessment band acts, without
further compliance with the provisions of Division 4 of the
Streets a.nd Highways Code.
TT TS 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 of
the land proposed to be assessed after the proposed acquisitions
and improvements have been made and constructed.
IT IS FURTHER FOUND, DETERMINED a.nd ORDERED that said
owners, a.s 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 Clexk may have required,
concerning the existence of mortgages ax deeds of trust on that
portion of said lands to be assessed which is for the financing
and improving of streets a.nd easements initiated under a contract
entered into or proposed to be entered into pursuant to Section
llbll of the Business and Professions Code, and the names of
any mortgagees or beneficiaries thereunder, and said County
Clerk has not required any additional evidence referred to
above, all in strict compliance with the requirements of Section
2804.2 of the Streets and Highways Code.
3
2804.2 of the Streets and Highways Code,
IT IS FURTHER FOUND, DETERMINED a.nd ORDERED that said
proceedings shall be had pursuant to the Improvement Act of
lgll 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 pro-
visions of Division 4 of the Streets and Highways Code other than
those referred to herein be, and they are hereby, dispensed with.
~x-~~~~~~-~~
PASSED and ADOPTED by the Board of Supervisors. of. the
County of Butte, California, on the 18th day of 'Januas~y~,
1g66, by the following vote:
AYES, Supervisors• HOi~~JSDEN~ M~iXON~ McKILI,OP~ PRYDE~ and
• CT~'AIRMAN GINS.
NOES, Supervisors: NONE
ABSENT, Supervisors: NONE
~~~ ~:~a~
Cha'rman of said Board
AT'T'EST :
JE'SSIE ROGERS~ COUNTY CLERK
and ex-officio Clerk of the
Board of Supervisors.
6~~~~e ~s:a~d=Bs~r~ -- -
By /J
Deputy.
4