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HomeMy WebLinkAbout76-087~ LASSEN AVENUE . . ASSESSPiENT DISTRICT N0. 1 . . ~ + - . .. ' RESOLUTION Nb.4' 76-87 APPROVING REPOR~', CONFIRMING ASSESSP~~NT ' ORDEi2ING ASSESSMENT RECORDED ORDEF2I?4G IMPROVEMENTS TO BE COidSTRUC'I'ED . AND • ~ T~BSIGNA~'ING TREASUREI2 TO COLLEC`r AND TO RECEZVE MONEY WHER~AS, on~March 9, 1976, this Board adopted its Resolution No. 76-42, Resolution of•Intention, and decZared _ therea.n its intention to construct.cer~ain public improvement work on designated public streets and easements in ~h'e County of Butte under {~he provisions o~ the Municipal Improvemen-~ Act ot 1913, and WH~REAS, on March 9, 1976, in said Resolu~ion No. 76-42, this Board directed Everd McCain to make a~eport -Eo ~his Board in the for~, s~yle and manner requir~d by said Ac~, and ' ~ WHETtEAS, on March 9. 1976, said Everd McCain did make a report and did~fil.e the same wzth the Clerk of the Baard, and ~ ~ w°T-iEREAS, on March 9, ~.976, this ~oard ciuly considered said Report and then adopted Resolution No. 76-43 entitled in part "Approving Report of Fr~ginee'r Prepared for Proposed Lassen Avenue Assessment 17z.strict i~o. 1" and ~herel~y preliminarily approved said r~port, and on tha-~ date set - ~ Apra.J. 20 , 1976, as the date for a public hearS.ng on alI matters contained in said Resoluti.on of Intention and in said R~port and on the matter of the Covn~y of Butte constructing the public improvement work descx3.bed in said Reso7.ution and in said Report and on the matter of the extent of the proposed Assessmen~ District described in said Repor~ and on the matter of the proposed assessmen~ set forth in said Report, and WHEREAS, on April 20, 1976, this Board continued said hearing to May 9, 1976, and 4/15/76 ~ GEP:cg ~ _ _ __ _. ... _....... ... _ ; _ .__ ~ , _..... ._, .. ___ _,_ ~~ ~l . WHElE~AS, on March 9, 1976, this Board ordered the Clerk of the Board to give notice of said hearing by posting; • publishing and mai~ing a~I as required under said act, and - WHEREAS, on this date ~he Clerk af the Board has shown the aff~davi~ of his deputy fi~ed with this Board that ~~ ~ he caused notices of the said hearing to be posted, published and~~mailed all in the time and form required by.said Act, and • WHEREAS, this day is the day regularly set far hearing any person who desires to object to any matters contained in said Resolution of Intention or to the CountX of Butte construct- zng the public improvement work described in~said Report or for hearing any person who desires to object to ~he extent af . the proposed Assessment District described in said Report or . to any matter respectzng the Assessment con~ained in said Aeport, and. • WHE~~S;, certain perSOris who's~ names ~axe 5~own in the minutes o~.the meeting of this Board have filed protests respect- ing the proposed assessments for the public improvement work for Lassen Avenu~ Assessment District No, l, and ~ WHER~I3S, this Board has heard and considered all o~ said protests and has made a determination in respect to sazd protests and is now fully advised, I~OW, THEREFORE, RESOLVED BY TH~ BOARD QF SUPERVIS~RS ~F THE CQUNTY O~' BUTTE, CALIFORNIA: 1. That ~his Board finds that each of the recitals of -~his Resoluti~n is true, i 2. That this Board hereby overrules aIl pxotes~s of every kind and nature, zncluding without any limitation ~.ntended by the 3.isting that follows below, al~. protests fi~ed agains~ the proposed public zznprovement work for Lassen Avenue Assessment District No. 1 tl-cat is described in said Report and agains~ the extent of the District of lands proposed to be assessed, and _ ~against the amount of any proposed indzvidual assessment and ~ against the County of Butte doing the public improvement work described in the Report. , _ ~F-lp~'~I~c _.._ ~_. _......~.., Z _ ____. _ _,...._. _. -.- W~._ _ . ~ ~1 ~I ~ . 3. That this Board~£inds and de~ermines that Everd , McCain's estimate of' the cast of constructing and doing the new work described in said Report which is not installed in place was the sutn of $544,513.00 based upon Everd McCain's estimated quan~ities and estimated unit prices., • That this Board finds and determines that t~e Clerk has ' adver~ised for bids on said new work and that Everd McCain has advised this Board that the eost of the work based upon Everd McCain's estzmated quantities and the successful contractor's unit prices is the sum o~. $509,852.10. ' ~ -. That•this Board hereby finds and determines tha~ because the successful contractor's bzd foz the new work described in the ~ Report is lower than Everd McCain's estimate for said work and for other reasons that ~he~Repo~t and Assessment shou~d be xevi'sed in the fo~Zowing narticulars: ~ •. a. Revise Everd McCain`s e5timate in the Report to ~ . show ~he contxactor's bid pzice.for each i~em • of work.and to show the new "Total Esti~a~ed Construction•Cost" derived from such bid prices. ~,. b. Revise the items~of Incidental Expenses in the , Report that are computed as percentages of ~he'~ . .. bid price. ~ . ~ c. Revise the page in the.Report to.show ~he ~.otal amount of mor~ey to be assessed which r~sults from tkie bid ~rice, , ~ d. Revise the assessment pages to~show,the con~ractor's unit prices and.-to show the changes in the incidental expenses•and in the total amount tn be assessed which resuAt from said prices. ~ , e. Revise the amount~of money.assessed on each suhdiv9.sion. of~~land described in the Assessment to show the bene- ~. ~its from ~he new work to each such subdivision that result from ~he cont'rac'tar's bid prices for the new work . being.l.'ower than Everd McCain's estimate of prices for ` said new work. . . f. Reva.se..the amount o~ bond discoun~ shown from 94~ to ~ 95.24g of par.,~ _ ~ . , . GEP:cg __ --4/15/7 6. ._ _ __ ,. _ v_3'.. __ __ _. . .. ~~~ il . ' . . . g. Chan~e the description ~or Asseasment No. 1Q i~m the description shown i the Assessment to: "~ Lot 8 and a portion of Lot 4 of the Esmeralda Tract described as follawrs: Begz.nning at the northeas~ corner of said Lot 4; thence southerly, along the easterly line of said Lot 4, 198 feet; thence westerly, parallel with the northerly line af said Lot 4. 300 feet; thence southerly, parallel wi.th said easterly line, . 433.9 feet; thence eas~erly, parallel with the southerl~ Iine of said Lot 4, 300 feet to said easterly line of said I,ot 4; thence sou~herly, along said easterly line'of saa.d Lot ~!, 30 feet to the sou~heast coznex of.said Lot 4; ~hence easterly, along the southerZy Ii.ne of said Lot 8, 660 feet to the sautheast corner of said Lot 8; thence northerly, along the easterly line of said Lot 8, 660 feet to the northeast corner of said Lot 8; thence westerly, aI.ong the northerly line of said Lot 8, G60 feet to the true point of beginning.: h. Change1the description for Assessment No. 52 fram the description shown in the Assessment to: Lots 15 and.1.6 and a portion Of I{p~S 10. 11, 12 &. 14 of the Esmeral.da Trac~ 8escribed as follows: ~ . _ Gommencing' at the most easterly corner bf said Lot l4; thence north 37-~4-30 west 3b.00 £eet ~o the true point of bega.nn~.ng; thence south 52-15-30 west 221.82 feet; thence westerly along the arc of a 20 ~eet rad~.us curve, concave to tYi.e north, ~hrough•a centza]. angel of 90-00-00 a distance of 31.42 feet; thence south 52-~15-30 west 60.00 feet; thence southerly along_the arc of a 20 feet radius.curve, concave to the west, through a centraL angel ot 90-00-00 a distance of 3I.42 feet; t~?ence sauth 52-15-30 west 365.68 ~eet; -• thence.north 88-05-30 west 24:94 feet; thence north 43--45c-34 west 235.37 feet; thence north 45~11-29 west 4~~.12 feet; thence north 43-45~34 west 12fl0.00 feet; thence north 40-53-48 west 100.13 feet; thence north 43-45-34 west 10.16 feet, more or less, to the northwes'terly line of said Lot 12; thence nor~h 52-15-30 east, along the northwesterly line of:said Lots 12 &.16, 915.65 feet to the most n.ortherly corner of said Lot 3.6; thence south 37-44-30 east 1950.00 feet ~o ~he true point of beginning. i. Change the description for Assessmeret No.,68 from the description shown a.n the ~fssessment to: Parcel 3, as shown on the parcel map filed in Book 50 of Parcel Maps at Page 25. j. Change the.description for .Assessment No. 69 from the description shown in the .Assessment to: Pax~cel 2 as shown on the parcel map fa.led i.n Boo]c 50 of Parcel Maps at page 25. k. Change the description for Assessment No. 99 from the descx~ption shown in ~he Assessment to: A po~tion of Lot 31 of the Hobart Subc3ivision described as ~ollows: _._,~~ .. EP : cg -3a.- . - __--- _ ._.. . ~_ _,.». _ .. __.___.. _ _ _ , . . ji ~ • Beginning at tfie most westerly corner of said Lot •',; thence north 53-12 eas 330;00 feet; then~e south 36-48 east 330.00 reet; th~nce •~ north 53~12 east 305.00 feet to the southwesterly line of Burnap Avenue; tihence south 36-48 east 3Qp.00 feet to the,northwesterly line of ~assen - Avenue; thence south 53-12 west 480.00 feet; thence North 36-48 west 173.00 feet; thence south 53-12 west 156.33 feet; thence noxth 36-48 ' west 457.64 feet to the true point pf beginning. ~ 1. Change.the description for Assessment No. 107 from the description shown in the A~sessment ~o: ~ A portion o~ Lot 26 o~ the Hobart Subdivision of the DanieZ Bidweli Ranchp described as ~ follows: Beginning.at the mast northerly corner of Lot 26; thence south 37-39-11 east 45.7.64 feef; thence south 52-14-03 west 0.67 feet; ~hence south 37-49-~2 east 173.03 feet; thence south 52-14-03 west 148.25 feet; thence north 37-4~=54 west 220.00 feet; thence south 52-14-03 west 130.00 feet; thence~.north 37-47-54 west 4I0.61 feet to the northwesterly Iine of said Lofi 26.,•thence north 52-13-23 east 330.01 feet ~o the true point of beginning., ~ m. Change the description for Assessmen~ No. 1'08 from the description shown in t~e Assessment to: • A:.por~ion~:o€:-Lot 26 of the Hobart Subdivision of ~ fhe Danie~ Bidwell Rancho described as follows: Commezzcing at the most easterly corrier of Lot 26; thence souf.h 52-14-03 west 200.25 feet; -Ehence north 37-47-54 west 30.00 feet to the true point of beginning; thence south 52--14-03,~saest 130.00~ feet; ~.thence north 37-47-54 wes;~_ 220~.00 feet; thence north 52-14-03 easf 130.00 feet; thence south 3,.7.-47-54 east 220.00 fee't;to the true point of bega~iining. " ~ n. De~.e'te Assessment.No. 122 and-add th~ ~ollowing Assessin~nt Numbers, descriptions and~:Assessment amounts• Assessmen~ No. 137 ~~ A portion of Lot 29 of the Tiohart .Subdivis9.on described as follows: ~ ~ Cammencing at the most wester]~y~corner of said Lot 29; th~nce north 53--12 east.132':00 feet.ta the~ ~rue pai~t of beginn.~ng;' thence' norfh 53=~.2 east 49-8-.00 feet; thence south 36-48 ~ast 259,25 feet to.~h~ westerly righ~ of way ~ine of the . Saczamen.to Northern RaiZroad; ~hence south 17--06-20 ~aest 616'.3E1 feet; thence north 36-48 ~,Yest 622.32 ~eet to+the true point of beginning, ' Assessed Value: $9,937.71 Assessment No. 138 A portion of Lots 28 and 29 of the Hobart Subdivision described as follows: ~~P:cg -3b- /3/76 Beginning at the most westerly ~orner o£ said Lot 29; ~hence north 53-12 east 132.00 feet; thence south 36-48 east 622.32 feet to the westerly right of way Xine of the Sacramento Northern Railroad; thence south 17-06-20 west, along said wester~y zzght of way line, 370.38 feet to the southeriy line of said Lot 28; tlzence south 71-52 west, along said sou~herly line, 153.12 feet to the easterly line of White Avenue; thence north 17-07-45 east 188.I5 feet; thence nor~herly, along the arc of a 380 foot radzus curve concave to the west through a cen~ral angel a£ 53-55-45 a distance of 357.67 feet; fihence north 36W48 west 373.59 feet, thence north 53-~2 east 4.00 feet to the txue point of beginning. _ Assesse~ VaZue: $36,310.48 o. Delete from the Assessment the folzowing items ~ronting and adjacent to Assessment Na. 1U2: 140 l.f: vertzcal curb and gutter at $4.80 114 l.f. 4' sidewalk at $3.50 104 s.f, driveway at $1.20 120 c.y. Exc. at $7.00 ~ 132 tons A.B. at $4.50 25 ~ons A.C. at $20.0~ Reduce the Assessment from $4,920.74 ~a $3,129.80. p. Delete from the Assessment the following items fronting and adjacent to Assessment No. 101: 660 l.f, 18" CL II CP at ~16.00 1 ea. G.O: Inlet at $1100.00 520 l.f. Vertical curb and gu~ter at $4.8p 520 l.f. 4' sidewalk at $3.50 453 c.y. Exc. at $7.Od 495 tons A.B. a~ $4.50 ~ 97 tons A.C. at $20.00 Reduce the Assessment from $47,930.51 to $24,616.01. >:cg -3c- 3/76 . . That this Board tinds and determines that Everd McCain has revised the Report and Assessment in each of the particuxars above stated a~Z•to the satxsfaction o~ this Board and~hereby declares that its action on such Repo~t and Assessment is that the Report and Assessment as so revised should be confirmed with no other changes or 'revisions except those stated~above in~this Resolu~ion and fhis Board therefore hereby approves the Report that was filed with this Board by Everd 2~cCain as~so revised and hereby confirms the assessment aontained zn said Report as so revised. . ~ . 4. Tha~ this-Board hereby orders the Clerk o~ the Board to transmit to the County Surdeyor-Director of Public Works of the County of Butte the Assessment and Dzagram contazned in the Report hereinafte~ referred to and hereby d~rects said County Suzveyor-Director ~of Public Works to record said Assessment and Diagram in his office and to give notice of the fi~ing '' thereof by publishing and mailing as provided~by.`law, and to record the notice required by la~ in the office qf the "- Recozder of-the County of Butte showing that.said Assessmen~ and Diagram have been recorded in his office:~ ~ 5. Tha~ ~his Board hereby o~ders that the public improvem2nt work shall be constructed and done that this Board. declared i~s intention to construct and dp in Resolution No. '. - 76-42, Resolution ot Intention, adopted D7arch 9, 1976, and this Board hereby determines that said work is also the work that Everd P~cCa~n described in his Report to this Eoard dated March 9, ,_ . ~ 1976, as work -~o be construc~ed and done. ' 6. That thi.s Board hereby ordezs ~.hat the Treasurer of the County of Butte shali collect and receive the money from property owners on account of said Assessment. 7. That the'Re~ort hereinabove referred to is that certain report appro~ed March 9, 1976, by this ~oazfl in its . Resolu~ion No. 76-43 and that~bears the identifying lEgend as fol.Iows : ~ ~ ~ i "Repor~ Respecting Proposed Lassen Avenue Assessment District No. 1 Municipal Improvement Act of 1913" On a motion by Supervisor Richter , seconded by Supervisor I,add' , the foregoing Resolutipn was. passed and adopted by the BOARD OF SUPER~7TSOTtS OF ~ THE COUNTY OF BUTTE, STATE OF CALIFORNIA, this ~th day of ..MaY - ,~97b, by the fol~owing vote, to wit: AYES : SUPERVISORS ' Ladd, McKillop, Ric(iter and Ct~sirmen !Cameroa ~ ~ NOES: SUPERVISORS aone ; - ~ " ABSENT: SUPER'VE8012S' ~ladigasl _ . _ . _ . :_ ,s ~ . ~ . ~ Cha~rm~""an'-o~f the Board of 5uperv~sors ATTEST: C~~aRK A. 1~7ELSON, COUIQTY CLER2C - $y: . - ..~ ~ . Clerk of he Roard of Supervisors GEP:cg ....._._.._....._ __ ~n~.l,_s_/~. -5= . __ __ _ _ _ _ _.. ~~ ~I .~'