1972/09/05 City Council ResolutionWJM &L:K:s 8/25/72 loc
RESOLUTION NO. 72 -117
A RESOLUTION DETERMINING UNPAID ASSESSMENTS AND
PROVIDING FOR ISSUANCE OF BONDS
ROHNERT PARK EXPRESSWAY WEST PROJECT NO. 1972 -7
RESOLVED, by the Council of the City of Rohnert Park, California,
that;
WHEREAS, this Council did, on June 5, 1972, pass and adopt its
Resolution No. 72 -77, a Resolution of Intention to Acquire and Construct
Improvements, under and pursuant to the provisions of the Municipal
Improvement Act of 1913, and did therein provide that bonds would be
issued pursuant to the provisions of the Improvement Act of 1911,
reference to said Resolution of Intention and the proceedings had sub-
sequent thereto hereby being expressly made for further particulars;
WHEREAS, notice of the recordation of the assessment and of
the time within which assessments may be paid has been given in the
manner provided by law, and the time so provided for receiving payment
of assessments has expired, and the City Clerk has filed with the
City Treasurer a list of all assessments which now remain unpaid;
NOW, THEREFORE, IT IS HEREBY ORDERED, as follows:
1. That the assessments remaining unpaid, and the aggregate
thereof, are as shown on said list and on Exhibit "A11 hereto attached
and by this reference made a part hereof.
2. That for a particular description of the lots or parcels
of land bearing the respective assessment numbers set forth in said
list, and upon which said assessments remain unpaid, severally and
respectively, reference is hereby made to the assessment and to the
diagram recorded in the office of the Superintendent of Streets of
this City after confirmation by this Council, the several lots or
parcels of land represented by said assessment numbers being so
numbered and designated upon said diagram and assessment as so con-
firmed and recorded, severally and respectively.
3. The unpaid list is in the amount of $198,770.00, and bonds
shall be issued upon the security of said unpaid assessments in said
amount in accordance with the provisions of the Improvement Act of 1911
and said Resolution of Intention and the proceedings thereunder duly
had and taken. Said bonds shall be dated September 7, 1972, shall be
designated Series 1972 -7, shall be five (5) in number, shall each be in
the amount of the unpaid assessment on the particular lot or parcel of
land described therein, and the principal of each shall mature in
fifteen (15) even annual amounts, represented by coupons payable on
January 2 in each of the years, 1974 to 1988, inclusive. Said bonds
shall bear interest from their date on the unmatured principal amount
at five and one -half percent (5 -1/2 %) per annum, represented by
coupons payable on January 2 and July 2 in each ,year, commencing on
July 2, 1973. The redemption provisions of each bond shall provide
for a premium of five percent (5 %) of the unmatured principal thereof
on call, and the bonds and coupons shall be made payable to bearer
at the office of the Treasurer of Sonoma County, fiscal agent of
the City and of its Treasurer.
4. Said bonds shall be manually signed by the City Treasurer
and said Treasurer's facsimile signature shall be engraved, printed or
lithographed on the coupons attached to said bonds, and such signing
shall constitute and be a sufficient and binding execution of each
and every one of said bonds and coupons thereof, respectively. Said
bonds and coupons shall be substantially in the form provided in said
Improvement Act of 1911, except that the words "after the acceptance
of said work" shall be deleted from the first sentence of the second
paragraph of the bond form, and the following sentence shall be sub-
stituted for the last sentence of the default clause in the bond form:
"The 1 percent penalty first imposed shall be retained by the County
Treasurer as a cost of servicing the delinquency and all subsequent
2
penalties shall be paid to the holder of the bond along with and as
a part of such defaulted payment." The City Treasurer is hereby auth-
orized and directed to sign said bonds and coupons as aforesaid.
5. The City Treasurer shall deliver said bonds to the purchaser
thereof upon receipt of the purchase price therefor, as provided in
Resolution No. 72 -106 Awarding Sale of Bonds, adopted by this Council
on July 17, 1972.
6. The City hereby covenants to the purchasers of the bonds,
and their successors in interest, that it will make no use of the
proceeds of said bonds at any time during the term thereof which, if
such use had been reasonably expected at the date the bonds were issued,
would have caused them to be arbitrage bonds within the meaning of
Section 103(d) of the United States Internal Revenue Code of 1954 and
the applicable regulations of the United States Treasury Department.
7. The City Clerk shall forward certified copies of this
resolution to the City Treasurer and County Treasurer.
I hereby certify that the foregoing is a full, true and correct
copy of a resolution duly passed and adopted by the City Council of
the City of Rohnert Park, Sonoma County, California, at a meeting
thereof held on the 5th day of September, 1972, by the following vote
of the members thereof:
AYES, and in favor thereof, Councilmen: (5) Beary, Flores,
Hopkins, Smith, and Roberts
NOES, Councilmen:
ABSENT, Councilmen:
APPROVED;
Mayor
(0) None
(0) No
Deputy City Zlerk
3
EXHIBIT "A"
LIST OF UNPAID ASSESSMENTS
ROHNERT PARK EXPRESSWAY WEST PROJECT NO. 1972 -7
Diag. &
Asst No. Property Description
Amount of
Assessment
2 Being a portion of the bands of Santa Rosa Enter- $46,293.00
prises as described in that certp.in deed recorded
in Book 2224 of Official Records, Page 606, Sonoma
County Records and being more particularly de-
scribed as follows:
Commencing at the northeast corner of said lands;
thence from said point of commencement S 000 371 441,
W. 762.22 feet; thence S 890 23' 4111 W. 1057.88 feet
to the westerly right of way of South Santa Rosa
Avenue; thence leaving said right of Way, S 890 23' 4111
W. 25.00 feet to a tangent curve to the right having
a radius of 1500.00 feet and an internal angle of
24° 10' 59 "; thence along said curve 633.11 feet to a
reverse curve to the left from a tangent which bears
N. 660 25' 20" W. having a radius of 1500.00 feet and
an internal angle of 230 261 29 "; thence along said
curve,613.69 feet; thence N. 89° 51' 49t1 W. 1578.88
feet; thence N. 000 08' 11" E. 58.00 feet; thence on a
curve to the right from a tangent which bears N. 890
51' 4911 W. having a radius of 1442.00 feet and an
internal angle of 150 44' 571t, thence along said curve
396.36 feet to the point of beginning. Thence from
said point of beginning N. 150 53' 08" E. 46.60 feet;
to a tangent curve to the right having a radius of 200.00
feet and an internal angle of 130 46' 3311, thence along
said curve 48.09 feet; thence N. 290 39' 41" E. 821.85
feet; thence N. 600 201 19" W. 20.00 feet; thence N.
290 39' 41" E. 369.45 feet; thence N. 330 16' Q3" W.
655.57 feet; to a tangent curve to the left having a
radius of 128.00 feet and an internal angle of 1170
04' 1611, thence along said curve 261.54 feet; thence
S. 290 39' 411, W. 1077.92 feet; thence S. 30° 13' 29"
W. 413.74 feet; to a tangent curve to the right having
a radius of 442.00 feet and an internal angle of
20 141 20 "; thence along said curve 17.27 feet; thence
S. 490 591 46" E. 54.07 feet to a tangent curve to the
left having a radius of 1442.00 feet and an internal
angle of 210 561 2811, thence along said curve 552.21
feet; thence S. 710 561 14" E. 159.22 feet to a tangent
curve to the left having a radius of 1442.00 feet and an
internal angle of 20 10' 38" thence along said curve
54.80 feet to the point of beginning. Containing 27.376 .acres.
3 Being a portion of the lands of Santa Rosa Enter- $35,640.00
prises as described in that certain deed recorded
in Book 2224 of Official Records, Page 606, Sonoma
County Records and being more particularly de-
scribed as follows:
Commencing at the northeast corner of said lands;
thence from said point of commencement, S. 000 37' 441`
W. 762.22 feet; thence S. 89° 231 4111 W. 1057.88 feet
to the westerly right of way of South Santa Rosa Avenue;
thence leaving said right of way, S. 890 23' 411, W.
i
Diag. & Ass't Amount of
Number Property Description Assessment
3 - Cont'd
25.00 feet to a tangent curve to the right having
a radius of 1500.00 feet and an internal angle
of 241 10' 59 "; thence along said curve 633.11 feet
to a reverse curve to the left from a tangent which
bears N. 660 251 2016 W. having a radius of 1500.00
feet and an internal angle of 230 26' 29 "; thence
along said curve 613.69 feet; thence N. 000 08' 1111
E. 58.00 feet; thence N. 89° 51' 49t1 W. 549.73 feet
to the point of beginning; thence from said point
of beginning N. 890 51' 491, W. 1029.15 feet to a'
tangent curve to the right having a radius of 1442.00
feet and an internal angle of 150 44' 57"; thence along
said curve 396.36 feet; thence N. 150 53' 08" E. 46.60
feet to a tangent curve to the right having a radius
of 200.00 and an internal angle of 130 46° 331!; thence
along said curve 48.09 feet; thence N. 290 391 41'' E.
821.85 feet; thence N. 600 20' 19" W. 20.00 feet;
thence N. 290 39' 41," E. 369.45 feet; thence S. 330 16' 0311
E. 650.79 feet to a tangent curve to the left having a
radius of 549.93 feet and an internal angle of 560 50'42"
thence along paid curve 545.60 feet; thence S. 000 081 11 ",
W. 399.25 feet to the point of beginning, containing
21.076 acres.
4 Being a portion of the lands of Santa Rosa Enter- $21,686.00
prises as described in that certain deed recorded in
Book 2224 of Official Records, Page 606, Sonoma
County Records and being more particularly described
as follows:
Commencing at the northeast corner of said land; thence
from said point of commencement S. 00 37' 4411 W. 76222
feet; thence S. 890 23' 41" W. 1057.88 feet to the west-
erly right of way of South Santa Rosa Avenue; thence
leaving said right of way, S. 890 23' 41t1 W. 25.00 feet
to a tangent curve to the right having a radius of 1500.00
feet and an internal angle of 240 10' 59 "; thence along
said curve 633.11 feet; thence N. 230 34' 40" E. 58.00
feet to the point of beginning; thence from said point of
beginning, on a curve to the left from a tangent bearing
N. 660 251 2011 W. having a radius of 1558.00 feet and
an internal angle of 230 261 29" a distance of 637.42 feet;
thence N. 890 51' 491, W. 549.73 feet; thence N. 00 08111PP
E. 399.25 feet; thence N. 89053' 15" E. 1278.37 feet
thence S. 0° 361191' E. 578.01 feet to a curve to the right
from a tangent bearing N. 710 221 23" W. having a radius
of 1442.00 feet and an internal angle of 4057' 03 ";
thence along said curve 124.60 feet to the point of
beginning. Containing 12.827 acres.
ii
Diag. & Amount of
Asst No. Property Description Assessment
5 Being a portion of the lands of Santa Rosa Enter - $51,660.00
prises as described in that certain deed recorded
in Book 2224 of Official Records, Page 606, Sonoma
County Records and being more particularly described
as follows:
Commencing at the northeast corner of said lands;
thence from said point of commencement, S. 0037' 44 "
W. 762.22 feet; thence S. 890 23' 411" W. 1057.88
feet to the westerly right of way of South Santa Rosa
Avenue; thence leaving said right of way, S. 890 23' 41 "
W. 25.00 feet to a tangent curve to the right having
a radius of 1500.00 feet and an internal angle of
240 10' 59"; thence along said curve 633.11 feet; thence
S. 230 34' 401" W. 58.00 feet to the point of beginning;
thence from said point of beginning along a curve to the
left from a tangent which bears N. 660 25' 201' W.
having a radius of 1442.00 feet and an internal angle
of 231 26' 2911, a distance of 589.96 feet; thence N.
890 51` 491" W. 247.33 feet; thence S. 00 08' 001" W.
1388.76 feet; thence N. 890 52' 00 " E. 1469.60 feet;
thence N. 00 36' 19" W. 1209.36 feet to a curve to the
right from a tangent which bears N. 720 51' 17" W.
having a radius of 1558.00 feet and an internal angle
of 60 25' 57 "; thence along said curve 174.91 feet to the
point of beginning. Containing 30.548 acres.
6 Being a portion of the lands of Santa Rosa Enterprises $43,491.00
as described in that certain deed recorded in Book 2224
of Official Records, Page 606, Sonoma County Records
and being more particularly described as follows:
Commencing at the northeast corner of said lands; thence
from said point of commencement, S. 00 37' 441" W. 762.22
feet; thence S. 890 23' 411" W. 1057.88 feet to the west-
erly right of way of South Santa Rosa Avenue; thence
leaving said right of way, S. 890 23' 41 " W. 25.00 feet
to a tangent curve to the right having a radius of 1500.00
feet and an internal angle of 240 10' 59 "; thence along said
curve 633.11 feet to a reverse curve to the left from a
tangent which bears Pd. 660 25' 201" W. having a radius of
1500.00 feet and an internal angle of 230 26' 29 "; thence
along said curve 613.69 feet; thence S. 01 08, 11"" W.
58.00 feet; thence N. 89051'491" W. 247.33 feet to the point
of beginning; thence from said point of beginning S. 00
08' 00 " W. 1388.76 feet; thence S. 890 52' 00 " W. 469.01
feet; thence N. 21003 127" W. 753.50 feet to a tangent
curve to the left 'raving a radius of 1072.05 feet and an
internal angle of 5Q0 52' 471"; thence along said curve
952.00 feet; thence N. 71056114 " W. 420.60 feet; thence
along a curve to the left from a tangent bearing S. 710
56'14" E. having a radius of 1558.00 feet and an internal
angle of 17055'35 ", a distance of 487.46 feet;'thence S.
89051'49" E. 1331.55 feet to the point of beginning.
Containing 25.715 acres.
iii