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• • <br /> RESOLUTION NO. 40-10 <br /> RESOLUTION CONFIRMING ENGINEER'S REPORT FOR <br /> EASTBROOK SUBDIVISION TRACT 5801 <br /> CONTRACTUAL ASSESSMENT DISTRICT NO. 2010-1, <br /> CONFIRMING FINAL ASSESSMENTS AND <br /> AUTHORIZING RECORDING TO CREATE <br /> CONTRACTUAL ASSESSMENT DISTRICT NO. 2010-1 <br /> WHEREAS, California Streets and Highways Code, Sections 5898.10, et seq. authorizes <br /> q <br /> the legislative bodies of public agencies to designate an area within which public agency officials <br /> and property owners may enter into voluntary contractual assessments for public improvements; <br /> and, <br /> WHEREAS, the Eastbrook Subdivision Tract 5801 ("Subdivision") is within the sanitary <br /> sewer service area of the Town of Los Altos Hills, and was historically served by a sanitary <br /> sewer line that was installed on a temporary basis, and which flowed through a siphon that <br /> crossed under Permanente Creek; and <br /> WHEREAS, pursuant to the Agreement by Owner and or his Successors in Interest to <br /> Construct Future Sanitary Sewer Improvements dated November 10, 1976, owners of property in <br /> the Town's Subdivision are obligated to construct a new sanitary sewer line; and <br /> WHEREAS,to fulfill this obligation seven (7) of the Eastbrook Subdivision Successors <br /> in Interest("Participating Property Owners") voluntarily entered into Loan Agreements with the <br /> Town of Los Altos Hills, by which the Town agreed to loan to the Participating Property <br /> Owners, the funds required to install the sanitary sewer improvements; and the Participating <br /> Property Owners agreed and willingly consented to an assessment pursuant to California Streets <br /> and Highways Code, Sections 5898.10, et seq.; and <br /> WHEREAS, as agreed to in the Loan Agreements with the Participating Property <br /> Owners, at a regular meeting on July 15, 2010, the City Council for the Town of Los Altos Hills <br /> adopted a Resolution of Intention, pursuant to California Streets and Highways Code, Section <br /> 5898.20(b); and <br /> WHEREAS, the Resolution of Intention determined that it would be convenient and <br /> advantageous to designate an area within the Subdivision encompassing the Participating <br /> g g p g P g <br /> Property Owners parcels and allowing Participating Property Owners to enter into voluntary <br /> contractual assessments, identified and approved the boundaries and seven parcels to be included <br /> in the Eastbrook Subdivision Tract 5801 Contractual Assessment District No. 2010-1, directed <br /> City Engineer/Public Works Director Richard Chiu, to prepare the report required by California <br /> Streets and Highways Code Section 5898.22 ("Report"), and set the date and time for a public <br /> hearing to consider confirming the Report; and <br />