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HomeMy WebLinkAbout76-042LASSEI~T A'VENUE ASSESSMENT DISTRICT A70. 1 1tESOLUTION N0. 76-42 RESOLUTION OF INTENTION RESOLVED BY TI3~ BOARp OF SUPERVISORS OP' THE COUN`.PY OF BUTTE, STATE Ok' CIaLZFORN~A: That it is the opinion of this Board that the public intezest and convenience requir~ and that it is the intention of this Board to order the following described work to be done and i~nprovements to be con- structed in certain pl.aces,~rights of way and public roads in the County af Butte, to wit: , i4 . ' " ~ I _ _ . _ .~... _. _ __ . .__ ... _.__.. ___... _.. __ _.. _ - -- . , . , a That Shasta Avenue from its i.ntersection with the cenf.erline of Esplanade to a point 700 feet easterly.from the centerline intersection of said Esplanade be improved by constructing thereon curbs, gutters, sidewalks, pa~cring, base rock, under- ground storm drainage pipes, and all neeessa~y appurtenances; That SYaasta Avenue from its intersection with the centerline of Esplanade ~o a point 750 feet westerly from the centerline of said EspZanade be improved by constructing thereon curb, gu~~er, sidewalk, paving, base rock, underground storm drain- age pipes, and all necessary appurtenances; That Esplanade from a point 20 feet northerl~ from its a.ntersection with the centerline of Shasta Avenue, to a point 660 feet northerly from .~he cen~erline intersection of said Shasta Avenue be improved by constructing thereon curbs, ga~~.ers, sidewalks, paving, base rock, underground storm drainage pipes, and all necessary appurtenances; That.the following described easaments be improved by constructing thereon drainage pipeline arid a17. necessary drainage appurtenances;~ -- ~ - . . ~ _ ~ t ~ .. ~ __ ___ € _._. ._. ___ _ _- - _.. ~ ~ Parcel No. 1: A por~ion of Lot 26, according to that certain map entitled, "Hobazt Subdivision of the Dana.el Bidwell RanCho", which map was filed foz record on November 7, 1904 in Book 4 of Maps at page 24 in the Office af the Recorder of the County of Butte and described as fol.lows: A 12 (twelve) foot wide easement lying southwesterly of and • adjacent to the fo].~owins~ c3escribed line: aeginning at tk-e most northerl.y corne~ of said Lot 26; thence sou~heasterly, along the nor~heasterly line of said Lot 26, a distance of 630.00 ~eet, more or less, to the northwes~er].~ l.ine of,Lassen Avenue and the terminus of this easement. Parcel No. 2: . A perpetual easement wi~h right~of ingress and egress, ~or the purpose of laxing,a.nstalling, maintaining, repairing, protecting and replacing underground surface storm drains, together with appurtenances thereof, across an3 in lands particu~.ar~.y described as foZlows: ~ A portion o~ Lot 7, acco~ding to that certain map entitled "Esmezalda~..Tract", which map was filed £or recozd on March 5, 1888, in Book 1 0~ Maps at Page 33 in the Offzce o~ the Recorder of the County of Butte and described as foJ.]ows: A 12 {twelve) foot wide easement lying northwester].y and ~ southwesterly of and. adjacent to the following described line; Beginna.ng at ~he most southerly corn~r of saa.d Lot 7; thence North 52°39' East, along the southeasterly 3.ine of said Lot'7, a dzstance_of 359.75.feet;.thence North.37°21! 4~est-a distance- of 630.00 fee~, more or less, to the southeasterl.y line o~ that certain strip of land deeded to the County of Butte and recorded in Book 1976,, Official Records, page 104. ~ -~4- ~ ~ I. f . __ _ _ .. _ _. .. ._ _.._ _ . _ _ _ __ _ , . ~ . ~ _ Parcel No. '3: : . A perpetuai easement with right of ingress and egress, for the purpose of laying, installing, maintaining, repair~.ng, protecting and replacing undergrounc'i surface storm drains, toge-kher with appurtenances thereo~, across and in Iands particularly described as ~ollows: A portion of Lot 25, according to that certain map entit3.ed "xobar~ Subdivision of the DanieZ Bidwell Rancho", which map was tiled fnr record on November 7, 1904 in Book 4 of Maps at .Page 24 in the Office af the •Recorde~ of~ the County o~ Butte, _ and described as tollows: A 12 (twelve).foot wide easement lying sou~hwesterly of and adjacent to ~he folJ.owing described line: . Beginning_at the mos~ easterly cornez of said Lot 25; thence northwesterly, along tha northeasterly line of said Lot 25, a dis~ance of 220.Q0 feet to the ~erminus o~ this easement. - Parcel No.. 4: . A perpetual easemerit wi~h right of ingress and egres_s, £or the purpose of laying, installing, main~aining, repai.xing, protecting and replacing undarground surface storm drains, togethex wi~h appurtenances thereof,across and in lands particularly described as follows: ~ A portion of Lot 25, according ta that certain map entitled ~ °Fiobart Subdivision of ~he Dan-iel Bidwel~ Rancho", which map was filed for record on November 7, 1904 in Book 4 of Maps at page 24 in the Office of the Recorder of the County of Butte, and described as follows: ~ , • ~A 12 (twelve) foot wide easement lyiz~.g southwesterly df and adjacent to the following described ~ine: ' ~-~~ Co~nmencii~g at the 5~c eastPrly corner of sai~" ",ot 25; thence northwesterly, alonq the nort}ieasterly line o~ said Lot 25, a distance of 220.00 feet ~o thE true point of beginninq; thence conta.nuing alonq said no-rtheasterlv line of said Lot 25, a clistance of 17_O.OO feet to the terminus of this easement. Parcel No,. 5: A perpe~.ual easenlent ~aith rie~ht o~ ingress and ectress, ~or the purpose o~ laying, installing, maintaining, repaa.ring, ~rotecting and r~placing underground surface storm drains, toqethex ~aith appurtenanc~s f.hereo¢, across and in 1~nc1s ~?articularly described as follows: P, port~on of Lot 25, according to ~hat c~rtain map entitlec{ "Iiobart Subdivision of the Dan3 e1 IIidwell Ranchn" , r,~hich ma;~ ~aas ~i1ed f_o~ record on ~lover~be~~ 7, 190A in Boo3c ~ af T'Ians zi~ page 24 in the o~rice o~ the Reco~'der of the-County of 13utte, and described as ~ollows: A 1.2. (twelve) ~oot F~~ide easement lying southtaestezly of and adjar.ent to the ~oll.o~aina describecl 1ine: ' Com.~;encir~cr at the mos•t nor~herly corner o~ said Zot 25; th~nc~ southa~asterl.y, ulong t.ne narthea~terly line of said Lot 25, ~. distar~ce of 206.00 feet ~.o th~ tru~ poin~ of b~qinninq, f.hPnce continuina, along said nartheasterl_~ line of said Lot 25, a d.istance of 12U_00 [~zt to the terminns of this easement. Parre7_ D]o. 6: A perp~tual. ease;nen-~ ~vith righi of ingress and ec,-ress, Eor the pur_nose o:E lyinq, iristallinc~, niaintaining, repairincr, p~otec~inq and -re~l~icinc~ unc7erarounc~ sur£aee storm c~ra~.ns, toqPther with zppur-- tenances t.liereof, ac~oss and in ].ands partiicularly described as fol7.o~•~s : ~ port~ion of Lo~ 25, accorcling to that certain map enta.tled "fiobar~. Subc7i~crision o~ ttie Daniel Bid4~el1 Rancho", wlxich map was {~lec? for record on Dlotiernber 7, 190~ in Fsoac 4 of Maps at nane 24 in the office oi the Recorc~tex o~ tne County of Butte, and described as f_ollo~~s : A 12 (twe~ve) :Eoot svic~e ~as~:~;~~nt iyin~ soutnwes~.er].y of and -5- ~ ' adjacent~to the folZowing described line: Beginning at ~he mos~ northerly corner of said Lot 25; thence sou~heasterly, along the northeasterly line of said ~ot 25, a distance of 200.00 feet to the terminus of this description. Parcel No. 7: ~ A perpetual easement with z~.ght of ingress and egress, for the purpose of Iaying, installing, maintainiztg, repairing, protecting and replacing ur~derground surface storm drains, together with~ appurtenances thereof, across and in lands particularly described as follows: .~. portion ot Lot 20, according to that certain mag entitled "Hobart Subdivision of the Danzel Bidwell Rancho", vrhich map raras filed~for~record on November 7, ~904 in ~pok 4 of Maps at Page 24 in the offzce pf the Recorder of the Counfiy o~ Butte, and described as follows: A 12 (twelve) foot wide easement lying northc~res~terly o~ and adjacent to the foll.owing,described ~ine: Commencing at the most easterZy corner of sai.d Lot 20; thence southwesterly, along the southeasterly lzne of said Lot 20, 25.00 feet to the true point of beginning; thence southwesterly along said southeasterly line;. 620.fl0 feet to the terminus ot . ~ this easement. Parcel No-.- 8-: A, per~etual easement with right of ingress and egress, for the purpose of laying, installing, maintaining, repairing, protecti.ng and replacing underground surface storm drains, together wi~h appurtenances ~hereof, across and in lands particularly described as fol.lows : A portion of Lot 8, according to that ceztain map enti~Ied ~ "Bsmeralda Tract", which map was ~iled for record on March 5, 1888, in Book 1 of Maps at page 33 a.n the office of the Recorder of the ' County of Bu~tte, and described as follows: . -7- i , . r , , . ,. ~ '.. . , J ~.,...~. . ~ ~ , A 6(six) foot.wide easement lying northwesterly of and adjacent to the following desczibed ].ine: ~ Beginning at ~he mast southe~rly cozner of said Lot 8; thence no~theasterly, along the southeastezly line of saa.d Lot 8, 660 feet more or less, to .the most easterJ.y corner o~ said Lot 8 and the terminus of this easement. Parcel No. 9: A perpetual easemen~ with right of ingress and egress, for the purpose of laying, instal~ing, maintaining, repairing, pzotecting and replacing undergzound surface stor~t drains, together with appur~enances thereo~, across and in lands particularly described as follows: . ~ .A portion of Lot ~.2, according -to. that ~certain. map entitled "Esmeralda Tract", which znap was filed for record on March 5, 1888, i,n Book l.of Maps at page 33 in ~he Office of the Recorder of the County of Butte, and c~escribed as follows: A 6(six)-foot wide easement ~.ying northwestezly of and adjacent to the following described line:- Heginning at the most southerly corner of said Lo~ 12~ thence northeasterly, along the southeasterly line of said Lot 12, a distance of 233.97 feet, more or less, to ~he westerly line of • the S~ate Highway 99._Freeway and the terzninus of this easement. Parcel No. 10: ~ - .2~, portion of Lots 28 & 29, according to that certain map entitled ~ "Hobar~ Subdivision of the Daniel Bidwe~l Rancho", whzch map was filed for record on November 7,, 1904 ~n Book 4 0£ I~iaps at .page 24 in the nffice of the Recorder of~the County of Butte and ~ ~described as follows: p, 12 (twelve) ~oot wide easement lying 6(six) feet on each side of the following described line: ' --' $r Commencing at the.most northerly corner of said Lot 28; thence. South 53°12' West, along the narthwesterly line o~ said Lot 28, 4:00 feet; thence South 36°48' East- 373.59 feet; thence southerly along the arc of a 380 foot radius curve to the rzght . through a central angle of 18°27'00" a distance of 122.37 feet to the true poznt of beginning; thence North 71°39' East 2~2.26 ~eet to a point on the westerly line of the City ot Chico Railraad right o~ way, being the ~ermznus of this easement. ~ Paree~ No. 11: . A portion of Lots 28 and 29, according to that certain map entitled, "Hobart Subdivision of the panie~ ~idwell Rancho", which map was filed for ~ecord on November 7, 1904 in Bopk 4 0~ Maps at page 24 in the office of the Recorder of the County of Butte~and described as fo~lows: A 12 (twelve) foot wide'easement lXzng Southeasterly of and adjacent to,the following described line: Beginning at a point `on the•:.Northwesterly line of said Lot 28, said po~nt being Sou~h 53°12' West 4.00 feet from the most Nor~her~y cozner of said Lot 28; ~hence from said trne point o~ beginning North 53°12' East, along the ~or~hwesterly line of said Lots 28 and 29, a distance of 639.00 feet, more or less, to the Southweste~~y ~ine of Burnap Avenue and the terminus of this description.. Parcel No. 12: A Drainage Easement being a portion of Lot 24'of the Hobart 5ubdivision of the Daniel Bidwell Rancho as shown on Map filed in Map Sook-4-at Page-24-more particularly described-as ~ollows: Commencing at the Southwes~ corner of said Lo~ 24; thence North. 51°56`30" Eas~, 30.00 feet ~o the Point o~ Beginning; thence cont~nuing North 51°56' 30" Bast along Sou~herl.y line of said Lot 24, 959.52 feet; thence I3orth 38°03'~.5° West, ].2.00 feet; thence Sou~h`.51°56'30"- West,_959.52 feet; thence South 38°03'16" East 12.00 faet to the Point of Beginning.~ .-9-.: That all necessary appurtenances to the above improve- ments be constzucted. That it is the zn~ention of this Board- to designate certain Iands to be an assessment district and to assess the cost of cons~ructing said public improvement work on the lands located wholly within said district inc~uding the cost o€ a11 the. incidental expenses of the procee3ings which this Board shall conduct under the Municipal:~~:2mproqement Act o~ 1913 ~n respect of said public im~rovement work and including the cost of issuing the improvement bonds that this Board ~escribed hereinafter in this Resolution. That in the opinion of this Board the public interest ~ wi1Z not be served by axlowing the praperty awners to take the contract to perform the work af ~mprovement ~erein described, and~:such praperty owners shall no~ be permit~ed to en~er into a written aantract to do said work. That it zs the opinion of this Board fha~ said work and improvements are of more than ioaal and ordinary public benefit and that this Board h~reby orders that the costs.and expenses of said work and improvements shall be charged upon a District and this Board hereby declares that said District is the District to be benefitted by said work and improvements and that said District shall be assessed to pay ~he costs and expenses of said work and zmprovemen~s. .- ' That the exteriox baundaries of sazd District and ~he extent of the territory included the~ein are shown upon the map` of said Lassen Avenue Assessment Dis~ra.ct No. T approved an.d adopted by this Board on March 9, 1976 Tha~ said rnap is now on fi7.e in the office of the Clerk of this County and this Board hereby refers to said map and to the Resolution approving said map for a particular descriptzon of the boundaries of said District and extent of t~e terri~ory incl.uded in sazd District, and that this Board hereby declares that ~he area of a17. publia highways, stree~s and roads included in said District is excepted from.said District; -10- -- _---- ,_.~__.. {1~1.~~ _._: r„ THAT THTS BOARD HEREBY GIVES NOTICE that serial bonds, made payable to bearer, shall be issued pursuant to Part 5, Division 7 of Streets and Highways Code (The Improvement Act of 1911) to represent unpaid assessments of $50.00 or more, and that said bonds will bear interest at a rate not to exceed eight percent (8~} per annum and that the last principal installmen~ due on said bonds shall mature fourteen (].4) years from the 2nd day of January ne~t succeeding the lst day of September following their date, and that the redemption provisions of said bonds shall provide a~premium of five percent (5~) of unma~ured principal if redeemed before maturity. That in the event any penalties are imposed for'dei.inquencies, the one percent (1~) penalty first imposed shall be retained by the treasurer as a cost of servicing the delinquency and a11 subsequent penalties ~ shall be paid to the holder of the bond al.ong with and as a part of such defaulted payment. . That this Board hereby finds and determines that if af~er the above public improvement work has been done,and constructed the assessment he~ein proposed results in a surplus remaina.rig in the improvement fund established for the proceedings herein proposed, then this Board shall dzspose of said surpl.us in a manner that is lawful under Streets and Ha.ghways Code Section 10,427. That this Board hereby re~ers the proposed construction of the public improvement work herein described to EVERD MC CAIN and~hereby directs him to make and file with the County Clerk ~he . i Report in writing specified in Section 10,204 of the'Streets and , Highways Code and hereby directs it to include in said Report all the matters provided for in said Section 10,209. ~ -ii- . i 4 ~ ~ _ _ ~ _ _ . _ _ _ ~ _ _ ~ On a motion by Supervisor Ricl~t~r , seconded by Supe~cv9.so~r :Nadi an , the foregoing reso].ution was passed and adopted by the BOARD OF Si7PERVISORS, COUNTY OF BUT2E, STATE OF CALIFORNIA, this 9th day o~ ~larah ~ 1976, by the following vote, ~o wit: AYES : SUPERVI60F2S Ladd, P4adigan~ McK31}.op, Richter and Chairman Cameron NOES: SUPERVISORS ~3one ABSENT: SUPERVISaRS None ,~ Chairman of the Board o Super~crisors ~SEAL) ATTEST: C~ark A. Nelson, County Clerk ~P~~~ ~~~ Clerk o the Board of Supervisors -12-