HomeMy WebLinkAbout76-044LASSEN AVENUE
ASSESSMENT DISTRZCT 1V0. 1
7.6-~.
RESQLUTION
(1) Describing Proposed Improvements and Acquisitions
~:for Lassen Avenue Assessment District No. 1;
(2) Dec~.aring that Public Convenience and Necessity
Require said Improvements and Acquisitions; and
(3) Setting Time and P~.ace for a Hearing Respecting
the Public Convenience and Necessity for said
Improveinents and Acquisitions.
WHEREAS, on March 9, 1976, the Engineer of the County
of Butte presented to this Board a map for the "Lassen Avenue
.ASSessment District I3o. 1" and said map showed a boundazy line
enc~osing an area in the County of Butte, and
WHEREAS, on March 9, 1976, this Board adopted a
Resolution approvzng said map and t$erein grante8 th.e name
Lassen Avenue Assessment District No. 3. to the area in the
County o~ Butte shown enclosed_by said boundary Iine on said
map, and -
WEiEREAS, on March 9, 1976, the Engineer of ~.he County
of Bu~te at the direction of this Board presented ~o this Board a
"Report Respecting Proposed I~assen
Avenue Assessment District No. l"
which report contained among other it~ms plans and speca.fa.cati.ons
fo~ certain public improvement work that the County of Butte
proposes to do on public streets and easements within and
ad3acent to the area of said Lassen Avenue Assessm2nt District
No. i and,
WHEREAS, on IMarch 9, 1976, this Board adopted a
Resolution preliminasily approving said report, and
WHEREASf th~s Board desires to do and construct said
public improvement work under a lawful declaration that the public
convenience and necessity require the same, and
WHEREAS, this Board desires to assess all of the costs
and expenses of said public improvement work and acquisit~ons
on the Dis~rict of lands mentioned hereinabove, to-wit, said
Lassen Avenue Assessment District No. 1.
NOW THEREFORE, RESOLVED BY THE BOARD OF SUPERVTSORS OF
THE COUNTY OF BUTTE:
1. That this Board hereby preliminarily determines
that the pub~ic convenience and necessity requ~re tha~ the
County of Butte construct the public improvement work in and
adjacent to the area in the County of Butte designated Lassen
Avenue Assessment District No. 1 that is shown and described on
the plans and specifications contained in said repozt and
preliminarily approved by this Board on February , 1976.
2. That this Soard hereby preliminarily det~rmines
to pay for the cost of all of said pub~ic improvement work and a11
expenses appertaining thereto by levying special assessments on
the lands situate within the boundaries of said Lassen Avenue
Assessment District No. ~, saving and exceptzng therefrom the
area of aZl public ea~ements, fzeeways, highways, stree~s
and roads and saving and also preliminarily determines to assess
said lands in accordance with the benefits tha~ each parcel of
land in said distric~ receives there~rom.
3. That the places where said public improvement work
sha~~ be done and a general descrzption of the types of work
shown in said plans and sp~cifications are as follows:
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That Lassen Avenue from a point 32 feet easter~y from its
intersection with the cen~erline of The Esplanade to a point
155 feet easterly from its intersection with the aenterline
of Burnap Avenue be improved by constructing thereon curbs,
gutters, sidewalks', underg~ound storm drainage pipes and
a11 necessary appurtenances;
Tha~ White Avenue from a point ~8 feet southerly £rom its
intersection with the centerline of Lassen Avenue to a poznt
in the centerline of an existing cul-de-sac at the nartherly
end o~ existing Whi~e Avenue, be improved by constructing
thereon~.curbs, gutters, sidewalks, paving, base rock, under-
ground storm drainage pipes and a11 necessary appurtenances;
That Burnap Avenue from a poin~ 50 feet nor~herly from its
intersection with the centerline of Lassen Avenue to a point
~hat ~ies 185 feet northerly from ~he centerline intersection
of said Lassen Avenue, be improved by constructing thereon
curbs, gutters, sidewalks, paving, base rock, drainage facili~ies,
and all necessary appurtenances;
That Burnap Avenue.from a point 660 ~eet southerly from its
intersection with the centerline of Lassen Avenue to a point
that lies 1~30 feet southerly from the centerline intersection
of said Lassen Avenue be improved by constructing thereon curbs,
gutters, sidewalks, paving, base rock, underground storm
drainage pipes and all necessary appurtenances;
That Morseman Avenu~ ~rom a point 650 feet nor~herly from its
intersec~ion with the centerline of Lassen Avenue to a point
198Q feet nor~herly from the centerline intersection of said
Lassen Avenue be improved by constructing thereon curbs,
guttezs, sidewalks, paving, base ~ock, underground storm
drainage pzpes, and all necessary appurtenances;
-3-
Tha~ Shasta Avenue from its inters~ction with the centerline
of Esplanade to a point 700 feet easterly from the centerline
intersection of said Esplanade be improved by cons~ruc~ing
thereon curbs, gutters, sidewalks, paving, base rock, under-
ground storm draznage pzpes, and all necessary appurtenances;
That Shasta Avenue from its intersection with ~he centerline
of Esplanade to a point 750 feet westerly £rom the centerline
of said Esplanade be improved by constructing thereon curb.
gutter, sidewalk, paving, base rock, underground storm drain-
age pipes, and all neces5ary appurtenances;
That Esplanade £rom a point 20 feet northerly from its
intersection with the centerline of Shasta Avenue, to a point
660 feet northerly from the centerline intersection of said
Shasta Avenue be improved by constructing thereon curbs, gutters,
sidewalks, paving, base rock, underground storm drainage pipes,
and all necessarp appurtenances;
That the fallowing desc~ibed easements be improved by
constructing thereon drainage pipeline and a~l necessary
drainage appurtenances;
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Parcel No. 1:
A portion of Lot 26, according to that certain map entitled,
"Hobart 5ubdivision of the Daniel Bidwell Rancho", which map
was ~iled ~or record on November 7, 190~ 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 Iying southwesterly of and
adjacent to the following described ~ine:
Begznning at the most northerly corner o~ said Lot 26; thence
southeasterly, along the northeasterly line of said Lot 26,
a distance of 630.00 feet, more or less, to the northwesterly
lin~ of Lassen Avenue and the terminus of this easement.
Parcel No. 2: .
A perpetual easement with right of ingress and egress, £or the
purpose of laying,instaZling, maintaining, repairing, pro~ecting
and replacing underground surface s~oxm drains, together with
appurtenances thereo~, across and in lands particularly
described as follows:
A por~ion of Lot 7, according to that cer~ain map entitled
"Esmeralda;..Tract", wnich map was ~iled for record on March 5, 1888,
in Book 1 of Maps at Page 33 in the Office of the Record~r of
the Coun~y o~ Butte and described as follows:
A 12 {twelve} foot wide easement ~ying northwesterly and ~
sou~hwesterly of and adjacent to the fo~lowing described line;
Beginning at the most southerly corner of said Lot 7; thence
North 52°39' ~as~, along the southeasterly line o~ said Lot 7,
a distance of 359.75 feet; thence North 37°21' West a distance
of 630.00 feet, more or less, to the southeasterly ~ine of that
certain strip of land deeded to ~he County of But~e and recor8ed
in Book 1975, Official Records, page 104.
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A perpetual easement wi~h right of zngress and egress, ~or the
purpose of laxing, anstalling, maintaining, repairing,
pro~ecting and replacing underground sur~ace storm drains,
together with apgurtenances thereof, across and in lands
particular~y desaribed as follows:
A por~ion of Lot 25, according to that certain map entitled
"Hoba~t Subdivision of the Aaniel Bidwell Rancho", which map
was filed for record on November 7, 1904 in Book 4 0~ 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 lying southwesterly of and
adjacent to the following described line:
Beginnzng at the most eas~erly corner of said Lot 25; thance
northw~s~arly, along the northeasterly line o~ said Lot 25,
a distance of 220.00 feet to the terminus of this easement.
Parael No. 4:
A perpetual easement with right of ingress and egress, for the
purpose of laying, installing, maintaining, repairing,
protecting and replacing underground surface storm drains,
together with appurtenances thereof,across and in lands particularly
described as fol~ows:
A portion of Lo~ 25, according to that certain map entitled ~
"Hobart Subd~vision of the Daniel Bidwell Rancho", which map was
filed for 'record on November 7, 1904 in Book 4 of Maps at page 24
in ~he O~fice of the Recorder of the County of Butte, and
described as fol~ows:
A 12 (twelve) £oot wide easement lying southwesterly of and
adjacent ~o the following described line:
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Cammencing at the st e~sterly corner o£ sai' Lat 25; ~hence
northwesterly, along the northeasterly line of said Lot 25, a
distance of 220.00 feet to the true point of beginning; thence
continuinq along said northeastezly line of said I,ot 25, a
di.stance of 120.00 feet to the terminus of tnis easement.
Parcel No. 5.
A peroete~al easement with riqht of incrress and eqr_ess, for the
purposE of laying, installzng, maintaining, repairing, pro~ecting
and renlaci.ng underground surface storm drains, toqether with
appurtenances thereof, ~cross and in lands particuJ.ar~y described
as followsa
A portion of Lot 25, according to that certain map entitled
"HOb~r~ Subaiuision of the I]aniel Biusaell Rancho", cahich map was
filed for record or.zdovember. 7, 390~ in Book 4 of Maps at pac~e 24
in the office of the ~2ecorder. of the County of Bu~te, and
descril~ed zs follows:
A 12 (twelvej foot wic1~ easement lyina soutizwesterly of_ and
aa-jacent to the follotai~icr, dPSCri_bed ~.inc:
Co*nmPn.czncr at the mdst- northerlyr corn~r o:` saici Lot 25; thence
sout?~easLerl~~, ~loncr the northezsterly 1.ine of saicl Lot 25, a
distanr,e of 200.00 'Feet to the true poin~ oi beainnina, i~hence
aontinuzna al.onq said no~theasterly line o~ said Lo~ 25, a distance
of 120.00 feet to the terminus of_ this easement.
Parce2 No. 6;
A pex.etual easement with riq~k?t o~ in~r~ss anc~ egzess, for l-he
purpose oF ~.ying, ins~allinq, maintaining, repairincr, pr.otecting
and repiaca.ng undergrnuncl surface storm drains, together with a~~pur-
tenances thereof, across and in lanns particularly descrihed as
fo? lo;~.~ :
A portion ot Lo~ 25, accordinq to that certain map en~i~led
"HobarL Subclivision of the Daniel Bidvell Rancho°, u~hich map was
fi1~d f.or reco~cl on November 7,.1904 :in Book 4 of Maps at paqe
24 in the offic~ of th~ Recorder of the County of Butte, and
described a.s fOI.104V5:
A 12 (twe~.v~) foot wide easement lying southwesterly of and
adjacent to ~he foilowing described line:
Beginning at the most northerly corner of said Lot 25; thence
southeasterly, along the northeasterly line of said Lot 25, a
distance of 200.00 feet to the terminus of this description.
Parcel No. 7:
A perpetual easement with right o£ ingress and egress, for the
purpose of laying, installing, maintaining, repairing, protecting
and ~eplacing underground surface storm drains, together with
appurtenances thereof, across and in lands particularly
described as follows:
A portion o~ Lot 20, according to that certain map entit~ed
"Hobart Subdivision of the Daniel Bidwell Rancho", which map was
filed for~record on November 7, 1904 in Book 4 of Maps at Page 24
in ~he office of the Recorder of the County of Sutte, and
descrzhed as follows: ~
A 12 (twelve) foot wide easement lying northwesterly of and
adjacent to the fol~owing.described line:
Commencing at the most easterly corner of said Lot 20; thence
sou~hwester~y, along the southeasterly line of said Lot 20,
25.00 feet to the true point of beginning; thence southwesterly
along said southeasterly line; 620.00 feet to the terminus of
thzs easement.
Parcel No. 8:
A perpetual easement with right of ingress and egress, for the
purpose o~ laying, installing, maintaining, repairing, protec~ing
and replacing underground surface stozm drains, together with
appurtenances thereof, across and in Iands part~culazly described
as follows:
A portion of Lot 8, according to that certain map entitled
"Esme~alda Tract", which map was filed for record on March S, 1888,
in Book 1 of Map~ at page 33 in the office of the Recorder of the
Coun~y of Butte, and described as follows:
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A 6(six) foot wide easement lying northwesterly of and adjacent
to the fo~lowing described line:
Seginning at the most southerly corner of said Lot 8; thence
northeasterly, along the southeasterly line of said Lot 8,
660 feet more or less, to the most easterly corner o~ said
Lo~ 8 and the terminus of this easement.
Parcel No. 9:
A perpetual easement with right of ingress and egress, for the
purpose of laying, ins~alling, maintaining, repairing, protecting
and replacing underground surface storm drains, ~ogether with
appurtenanaes thereof, across and in lands particularly described
as fo~lows:
A portion of Lot X2, according to that certain map entitled
"Esmeralda Tract", which map was filed for record on March 5, 1888,
in Book l.of Maps at page 33 in the Office of the Recorder of
the County of Bu~~e, and described as fol~ows:
A 6(six) foo~ wide easement lying northwestexly of and adjacent
to the following described line:
Beginninq at the most southerly corner of said Lot i2~ thence
na~theasterly, along the southeasterly.l~ne of said Lot 12, a
dis~ance of 233.97 feet, more or Zess, to the westerly line of
the State Highway_ 99 Freeway and ~he terminus of this easement.
Parcel No. 10:
A por~ion of Lots 28 & 29, according to that cer~ain map entitled
"Hobart Subdivision o~ the Dani~l Bidwell Rancho", which map was
filed for record on November 7, 1904 in Book 4 of Maps at page 24
in the office af the Recorder of the County o£ Butte and
described as follows: .
A 12 (twelve) foot wide easement lying 6(six) feet on each side
of the following described lzne:
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Commencing at the most northerly corner of said Lot 28; ~hence
South 53°12' West, along the northwesterly line of said Lot 28,
4.00 feet; ~hence South 36°48' East~ 373.59 fee~; thence
southerly along ~he arc of a 380 foot xadius curve ~o ~he right
through a central angle of 18°27`00" a distance of 122.37 fee~
to the true point of beginning; thence North 71°39' East 242.26
feet to a point on the westerly ~ine of the City of Chico
Railroad right of wap, being the terminus of this easement.
Parcel No. 11:
A portion of Lots 28 and 29, according to ~hat ce~tain map
entitled, "Hobart Subdivision of the Daniel Bidwell Rancho",
which map was filed for record on November 7, 1904 in Book 4 of
Maps at page 24 in the o~~ice of the Recorder of the County of
Butte and described as follows:
A~2 (twelve) foot wide easement lying Southeasterly o~ and
adjacent to the following described line:
Beginning at a point on the:Northwes~erly Zine of said Lot 28,
said point being Sout~ 53°12' West 4.00 feet from the most
Northerly corner of said Lot 28; thence from said true point of
beginning North 53°12' East, along the Northwesterly line of
said Lo~s 28 and 29, a distance of 639.00 feet, more or iess, to
the Southwes~erly line of Burnap Auenue and the terminus o~ this
description.
Parcel No. 12:
A Drai~age Easement being a portion of Lot 24 of the Hobart
Subdivision o£ the Daniel Bidwell Rancho as shown on Map filed in
Map Book 4 at Page 24 more pa~ticularl~ described as follows:
Commencing at the Southwest corner of said Lot 24; thence North
51°56'30° East, 3~.00 feet to the Point of Beginning; thence
cantinuing North 51°56' 30" East along Southerly line of sa~d
Lot 24, 959.52 feet; thence Nor~h 38°03'16" West, 12.00 feet;
thence South 5I°56'30" West, 959.52 feet; thence South 38°03'~6"
East ~2.00 feet to the Point o~ Beginning.
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4. Tha~ this Board declares that depending on
conditions encountered during the cour'se of construction of said
public improvement work or depending on other facts including
the recommendation of the ~ngineer, the public improvement
work hereinabove described may be changed as to location,
materials, or any other construction detaii or new work may be
done on streets or easemen~s in said district not now named
hereinabove, but all such changes or additions shall be ~imited
to the extent lawfully permitted in the Municipal Improvement
Act of 1913, the Act under which this Board proposes to do and
construct said pub~ic improvement work. ~
5. That this Board fznds and determines that the
rights o~ way and easements above described, are necessary for
constructing drainage canals and pipe lines described above and
that it is the in~ention of this Board to order the County of
IIutte to acquire such~righ~s of way and easements and to assess
~he cost of acquirinq each of them as a part of the assessment
for ~he work and improvements described in this Resolution.
6. That this Board declares that depending on the
conditions encountered during the course of construction of the
public improvement work described.in this Resolu~ion, or depend-
ing on oth~r facts incZudzng the zecommendation of the Engineer,
the proposed acquisitions described herein may be changed and
parts of or entire proposed acquisitions may be deleted from
the assessment ~or the publzc ~mprovement work described in
. ~
this Resolution, ar new acquisitions no~ now de5cribed herezn ,
may be accomplished and the cost thereof be included in said
assessment but this Board hereby informs all persons that all
such new acquisitions shali be accomplished only after this
Board shall have.con~ucted change proceedings in respect there~o
in accordance with the procedure for changes that the Municxpal
Improvement Act of 1913 prescribes.
~. -11-
7. That this Board hereby preliminarily determines to
do and to aonstruct the public improvement work described in this
Resolution and any changes thereto and hereby preliminarily
determines to accomplish the acquisitions described in this
Resolution and any changes thereto all under proceedings that the
Board shall conduct for the same under the Municipal Improvement
Act of I913 and the Board hereby preliminarily determines to
undertake said proceedings under said Municipal Improvement
Act of 1913 without complying with the provzsions o£ the Special
Assessment Investigation, Lzmitation and Majority Protes~
Act of 1931 and this Board further determines that serial bonds
to represent unpaid assessments and bear interest at a rate
not to_exceed 8~ per annum will be ~ssued hereunder in the
manner provided by Division 7 of the Streets and Highways Code,
the Improvement Act of 1911, and that the last principal
installment due on said bonds sha11 mature fourteen (14} years
from the 2nd day of January next succeeding the Ist day of
September following their date, and that the redemption
provisions of sazd bonds shall provide a premium of five percent
(5~} of unmatured przncipal if radeemed befoze~maturity.
8. That the Board hereby sets April 20 , 1976
at the hour of 2:00 . o'clock P.M. in the Butte County
1ldministration Building, Oroville, California, as the time
and the place for a public hearing whereat any gerson int~rested
may appear and show caus~ why the Board should not find and
determine that the public convenience and necessity reguire
the County of Butte to do and construct ~he public improvement
work hereinabove set forth and to accomp3.ish the acquisi~ions
here~.nabove set forth a~.l without complying with the provisions
of the Special Assessment Investigation, Limitation and
Majority Protest Act of 1931.
_~2_
9. Tha~ this Board hereby directs the Clerk of the
Soard to noti~y al~ interested persons af said hearing by dozng
aIl of the tollowing:
(a) Publish a notice in the newspaper o£ general
The Chico En~erpxise Recordand publ~sh said
circulation known as _
notice in two entire issues of said newspaper, once a week fpr
two successive weeks and publish said Notice for the first
time at least 20 days before the date hereinabove set for said
hearing.
(b) Mail prepaid at ~east 20 days before the date
hereinabove set foxth for said hearing a notice to each owner of
land within the proposed ~assen Avenue Assessmen~ Dis~rict No. 1
whose name and address is shown on the equalized assessment roll
of the County of Butte last prior to the date of this Resolutiony.
and mail such notice to the owner of any said land whose name
and address the C~erk knows, and mail such a not~ce to the
owner of any said land whose land is assessed under tha provisions
of Section 19, Article XIII of the Constitution of California
at the address for said owner shown on the Board roll ~ast
transmitted to the Connty Auditor prior to the date of this
Resolution.
10. That this Board hereby directs ~he Engineer to
post notices along ~he Iines of the contemplated work and on
all open s~reets within the boundaries of the proposed Lassen
Avenue Assessment District No. 1 at not more than 300 feet in
~ I
dis~ance apart, but not less than 3 said notices on each said
street and shall complete posting alI said notices at least 20
days prior to the date se~ herein for said public hearing and
said notices so posted shall be headed Not~ce of Tmprovement
set in type not less than one inch in height.
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11. That the notice he~ein ordered to be published,
the notice herein ordered to be mailed and tlie-nctice herein
ordered to be pos~ed along the publ~c streets shall state the
follow~ng:
That the Board of Supervisors has passed this resolution
and has preliminarily determin~d that the p~blic convenience
and necessity requires that the County of Butte do and
construct certain public improvement work and accomplish
certain acquisitions for said pub~ic improvement work
under pzoneedings to be taken under the Muniaipal
Improvement Act of 1913 wi~hout compliance with the
provisions of the Special Assessmen~ Investigation,
Limitation and Major~ty Protest Act of 1931 all for an
assessment district to be known as Lassen Avenue Assessment
District No. 1. That plans and specifications showing the
nature and extent o~ said public improvement work are on
file in the office of the Clerk of the Board of Sugervisors
of O~ovil~e. That this Resolution declares the location of
said public improvement work. That this Resolution declares
the nature and extent of the propose8 acguisitions for said
public improvement work. That a public hearing wi11 be
held at the ~ime and place stated herein whereat any
interested person may file a written objection and show
cause therein why the County of Butte should not find and
determine ~hat ~he public convenience and neaessity req~ire
said public improvement work and acquisitions without
compliance with the proviszons of Special Assessment
Znvestigation, Limitation and Majority protest Act of 1931.
That a11 profiests shall be in writing and shall state ~he
name and address of the protesto~.
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t
i ` .. . ~ . . . . _ _.__'__. _ .___ - ___ .....'_"___
' ......_.... . __ ....- _. .__.___'_
j ._.._.. .-.._' . .................
mhat the County Clezk and ~the Engineer are hereby
authorized to accomplish any notice herein directed in combina-
tian with any notice published, mailed or posted that is required
under the Municipal Improvement Act af 19i3.
PASSED AND ADOPTED BY THE SOARD OF SUPERVZSORS OF THE
COUNTY OF BUTTE THZS q~h _ DAY OF ~arQ~ , 1976r by
the following vote, to-wit:
AYES: SUPERVISORS Ladd, Madigan~ McKillop, Richter and Chairman Cameron
NOES: SUPERVTSORS None
ABSENT: SUPERVISORS ~Ione
~
Chairman
ATTEST: ~~~ A. NELSON, COUNTY CLERK
~~c~.lL ~ " w"'"~ . .
Clerk o~ the Board of Superv~.sars
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