HomeMy WebLinkAbout1996-01-16; City Council; Resolution 96-251
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RESOLUTION NO. 9 6 - 2 5
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, MAKING FINDINGS ON PETITIONS.
WHEREAS, the City Council of the City of Carlsbad has been presented by
property owners an executed Petitions requesting the installation of certain public improw
together with appurtenances and appurtenant work in connection therewith, said improv
to be installed pursuant to the terms and provisions of the "Municipal Improvement Act o
being Division 12 of the Streets and Highways Code of the State of California, in a
assessment district known and designated as Assessment District No. 95-1 (Carlsbad
(hereinafter referred to as the "Assessment District").
NOW, THEREFORE, BE IT RESOLVED by the City Council of the Crty of Cs
California, as follows:
1.
2.
That the above recitations are true and correct.
That it is hereby found that said Petitions have been signed by owners
land constituting more than sixty percent (60%) of all assessable land within the bound
the proposed Assessment District.
3. That said Petitions, as filed and herein approved, meet all the requirem
Division 4 of the Streets and Highways Code of the State of California, said Division be
"Special Assessment Investigation, Limitation and Majority Protest Act of 1931 'I. No
proceedings or limitations under said Act are applicable, as specifically set forth and aut1
by Section 2804 thereof.
4. This legislative body hereby further finds and determines, based on
evidence submitted, that the total estimated amount of the proposed assessments will not f
seventy-five percent (75%) of the estimated fair market value of the land proposed
assessed after the proposed public improvements shall have been installed.
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5. That it is hereby further determined and found where property is subj
development and subdivision agreement said Petitions have been signed by not (
property owners, as specified in Section 2804 of the Streets and Highways Code, but i
mortgagee or beneficiary under any such existing mortgage or deed of trust, as reqi
Section 2804.2 of the Streets and Highways Code of the State of California.
That said Petitions shall be retained as a permanent record and remain open ti
inspection.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City
held on the 16th day of JANUARY , 1996 by the following vote, to wit:
AYES: Council Members Lewis, Nygaard, Kulchin, Finnila, Hall
NOES: None
ABSENT: None
ATTEST:
ALETHA L. RAUTENKRANZ, City a (SEAL)