HomeMy WebLinkAboutResolutions - No. 78-162RESOLUTION NO. 78-162
BEFORE THE CITY COUNCIL. OF THE CITY OF
LODI, CALIFOR&NiA
INDUSTRIAL WAY AND BECKMAN ROAD ASSESSMENT DISTRICT NO. 1
A RESOLUTION DETERMINING COMPLIANCE WITH DIVISION
4 OF THE STREETS AND HIGHWAYS CODE, AND DETERMINIRG
TO UNDERTAKE PROCEEDINGS PURSUANT TO SPECIAL
ASSESSMENT .AND ASSESSN2NT BOND ACTS FOR THE
ACQUISITION AND/OR CONSTRUCTION OF IMPROVEMENTS
WITHOUT FURTHER PROCEEDINGS UNDER SAID DIVISION 4
OF THE STREETS ANIS HIGHWAYS CODE
RESOLVED, by the City Council, of the City of Lodi,
California., that
WHEREAS, all of the owners of more than 60% in
area of the property subject to assessment therefor have
signed and filed with the City Clerk of this City a written petition
for undertaking proceedings pursuant to special assessment and assess-
ment boon acts, and to assess the costs thereof upon the properties
benefited by said improvements, and waiving proceedings under Division
4 of the Streets and Highways Code, for the acquisition and/or
construction of improvements hereinafter more particularly described;
WTHEREAS, the costs and expenses of said contemplated improve -
meats will be assessed upon the district benefited hereby, the exterior
boundaries of which are the coterminous exterior boundaries of the
composite and consolidated areas as more particularly shown on a
map thereof on file in the office of the City Clerk, to which reference
is hereby made for further particulars. Said map indicates by a
boundary Brie the extent of the territory included in the proposed
district and shall govern for all details as to the extent of the
assessment districC;
WHEREAS, said acquisitions and/or improvements are more
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particularly described as follows:
(a) The improvement of the following streets by clearing and
grading, and the construction therein of: Portland cement concrete
curbs, gutters, sideways; pavement, consisting of roadway excavation,
concrete solograde compaction, aggregate base, and asphalt concrete
paving; barricades, street sign posts and survey monuments; storm
water drain pipes with manholes and catch basins; sanitary sewer pipe,
with manholes and service Laterals; domestic water distribution
asbestos cement pipe, with butterfly valves, blowoffs, fire'hydrants,
and service laterals; and street lighting system; to wit:
(1) Industrial Way from the easterly line of Beckman
Road easterly approximately 1,250 .feet to its intersection
with Cluff Avenue;
(2) Cluff Avenue from Industrial Way southerly
approximately 732 feet to the southerly Line of
=Jinn Street;
(3) vine Street from its intersection with Cluff Avenue
westerly approximately 868 feet; and
(4) The easterly side of Beckman Road from its intersection
with Industrial Way northerly approximately 450 feet.
(b) Removal of excess material and compaction of fill in
areas where excess material has been removed, the compaction of
land, and change of grade or contours, all suitable for the purpose
of Che stabilization of soils within the District and/or to eliminate
arty disparity in level or size between the improvements and private
property;
(c) The paymenC to Pacific Gas and Electric Company, a regulated
public utility, for the performance of work and service by said
utility for the installation of a natural gas distribution system,
together with necessary appurtenances for the distribution of gas
service to the lots within the District;
(d) The doing of all work auxiliary to any of the above and
necessary to complete the same;
(e) The acquisition of all lands and easements necessary for
any of said worts and improvements.
WHEREAS, the public interest, convenience and necessity
will be served by Che taking of said proceedings;
WHEREAS, said proceedings are in part for the financing
of said improvements in said assessment district to be initiated
under a contracC entered into or proposed to be entered into between
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CYE G_ VAUGHAN, JR., and JOANNE VAUGHAN and the CITY OF LORI, and a
further contract between ROBERT B. WOODS, as Trust-ee, CHARLES F.
FERDUN, as Trustee, and the CITY OF LODI, pursuant to Section 66462
of the Government Code of the State of California;
WHEREAS, the subdividers of Tract No. L461, Ferdun & Moods
Industrial Park, and Tract No, 1462, Industrial Way Business Park,
Subdivisions of San Joaquin County California, pursuant to Section
2804.1 of the Streets and Highways Code, have submitted written evidence
satisfactory to this Council that the total estimated amount of the
proposed assessment will not exceed seventy-five percent (75%) of
the estimated fair market value of the land proposed to be assessed
after the proposed public improvements shall have been acquired and/or
completed, and the Council is fully informed in the premises;
WHEREAS, said Owners have furnished the City 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 proposed to be subdivided and the names of any
mortgagees or beneficiaries thereunder, as required by Section 2804.2
of the Streets and Highways Code;
NOW, THEREFORE, IT IS HEREBY FOUND, DETEPNKINED .AND ORDERED
AS FOLLOWS:
1. That all of the owners of more than 601 in area of
Che property subject to assessment for said proposed improvements
have filed with the City Clerk of this City a written petition for
the acquisition and/or construction of improvements pursuant to
appropriate special assessment and assessment bond acts, without
further compliance with the provisions of Division 4 of the Streets
and Highways Code.
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2. That the total estimated amount of the proposed assessment
will not exceed seventy-five percent (75%) of the estimated fair
market value of the land proposed to be assessed after the proposed
acquisition and/or construction of improvements.
3. That said owners, as specified in Section 2804 of the
Streets and Highways Cade, have furnished the City Clerk with their
affidavit; and any additional evidence which said Clerk may have required,
9 concerning the existence of mortgages or deeds of trust on that portion
of said lands to be assessed which is for the financing of improvements
to be initiated under a contract entered into or proposed to be entered
into pursuant to Section 66462 of the Government. Code, and the names
of any mortgagees or beneficiaries thereunder, and said 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.
4. That the provisions of Division 4 of the Streets and
Highways Code, other than those referred to herein, be, and they
are hereby dispensed with.
DATED: November 15, 1978.
1, ALICE "l. REIMCHE, City Clerk of the City of Lodi, do hereby
certify that Resolution No. 78-16Z_ was passed and adapted at a regular
the Czty of Lodi, held November 3S,
meeting of the City Council. of
1978 by the following vote:
-AYES: Councilmen - Hughes, McCarty and Pinkerton
NOES: Councilynen - done
ASSENT: Councilmen - Ka.tnlch and Katzakian
ABSTENTIONS: Councilmen - None
ALICE M. IEIMCT E
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