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HomeMy WebLinkAboutResolution No. 259 354 RESOLUTION NO. A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY FOR THE ACQUISITION OF NECESSARY RIGHTS OF WAY AND THE CONSTRUCTION OF CURB, GUTTER AND PAVEMENT IN DOWNEY IMPROVEMENT NO. 4M (Smallwood Avenue). WBEREAS, the report prepared pursuant to Division 4 of the Streets and Highways Code (Special Assessment Investigation Limitation and Majority Pro- test Act of 1931) covering the proposed acquisition of necessary rights of way, and construction of curb, gutter and pavement under Downey Improvement No. 4M (Smallwood Avenue) is on file in the office of the clerk of the City Council of the City of Downey and may be examined at said office. NOW, THEREFORE, THE CITY COUNCIL OF T CITY OF DOWNEY DOES RESOLVE AS FOLLOWS: SECTION I. That the public interest, convenience and necessity require and that it is the intention of the City Council, pursuant to the provisions of Division 12, Streets and Highways Code (Municipal Improvement Act of 1913), to order the acquisition of the necessary rights of way and to order work to be done and improvement made, all in the City of Downey, State of California, as follows, to wit: First: The acquisition of rights of way for road purposes, by gift or purchase or eminent domain proceedings, consisting in general of the following: Parcel A. That portion of Lot E of the Rancho Santa Gertrudes Subdivided for the Santa Gertrudes Land Association, as shown on map recorded in Book 1, page 502, of Miscellaneous Records, in the office of the Recorder of the County of Los Angeles within the following described boundaries: Beginning at the intersection of the northwesterly line of that certain parcel of land described in deed to Herbert C. Hudson et ux recorded as Document No. 325 on April 29, 1947 in Book 24498, page 419 of Official Records, in the office of said recorder, with a line parallel with and 25 feet northeasterly, measured at right angles, from the southwesterly line of said certain parcel of land; thence South 58 ° 50'25" East along said parallel line 322.63 feet to the beginning of a curve concave to the northeast, tangent to said last mentioned course and having a radius of 90 feet; thence south- easterly along said curve 18.62 feet; thence South 70 ° 41'37" East 50.00 feet to the beginning of a curve concave to the west,tangent to said last mentioned course and having a radius of 38 feet; thence southerly along said last mentioned curve 40.27 feet to a line par- allel with and 25 feet northeasterly, measured at right angles, from the southwesterly line of that certain parcel of land described in deed to Floyd C. Christopherson et ux, recorded as Document No. 735, on August 26, 1954, in book 45415, page 380, of said Official Records; thence South 58 ° 50'25" East along said last mentioned parallel line 9.87 feet to the southeasterly line of said last mentioned certain parcel of land; thence South 32 0 16'15" West along said last mentioned southeasterly line 25.00 feet to the most southerly corner of said last mentioned certain parcel of land; thence southwesterly along the southwesterly prolongation of said southeasterly line 0.74 feet to the beginning of a curve concave to the north tangent to said last mentioned course and having a radius of 38 feet; thence westerly along said last mentioned curve 66.81 feet; thence North 46 ° 59'13" �--� West 50.00 feet to the beginning of a curve concave to the southwest, having a radius of 90 feet, tangent to said last mentioned course and tangent to a line parallel with and 25 feet southwesterly, measured at right angles, from said last mentioned southwesterly line; thence northwesterly along said last mentioned curve 18.62 feet to said last mentioned parallel line; thence North 58 °50'25" West along said last mentioned parallel line 283.98 feet to the beginning of a curve con- cave to the south, having a radius of 15 feet, tangent to said last mentioned course and tangent to a line parallel with and 25 feet southeasterly, measured at right angles, from the southeasterly line of that certain parcel of land described in deed to County of Los Angeles, recorded in Book 6137, page 326, of said Official Records; 355 thence westerly along said last mentioned curve 23.25 feet to said last mentioned parallel line; thence South 32 °21'55" West along said last mentioned parallel line 453.87 feet to a line parallel with and 30 feet northeasterly, measured at right angles, from the southwesterly line of said Lot E; thence northwesterly along said last mentioned parallel line 25.00 feet to said last mentioned southeasterly line; thence northeasterly along said last mentioned southeasterly line 518.54 feet to the point of beginning. Parcel B. The southeasterly 35 feet of that certain parcel of land in above ,_.' mentioned Lot E, described in deed to County of Los Angeles, re- corded in Book 6137, page 326 of above mentioned Official Records. Excepting from above described southeasterly 35 feet that portion thereof which lies northeasterly of a line parallel with and 25 feet northeasterly, measured at right angles, from the southwesterly line of that certain parcel of land described in deed to Herbert C. Hudson et ux, recorded as Document No. 325 on April 29, 1947 in Book 24498, page 419 of said Official Records. Also excepting from above described southeasterly 35 feet that por- tion thereof which lies within the southwesterly 30 feet of said Lot E. Parcel C. That portion of above mentioned Lot E, within the following: described boundaries: Beginning at the intersection of the northeasterly line of the southwesterly 30 feet of said lot with the southeasterly line of the northwesterly 25 feet of that certain parcel of land described in deed to Kenneth Singleton Wilhite et ux, recorded as Document No. 551, on April 11, 1955 in Book 47441, page 130 of above mentioned Official Records; thence northeasterly along said southeasterly line to the beginning of a curve concave to the east, having a radius of 25 feet, tangent to said last mentioned course and tangent to a line parallel with and 50 feet northeasterly measured at right angles, from the southwesterly line of said lot; thence southerly along said curve 39.78 feet to said parallel line; thence southeasterly along said par - allel line 15.00 feet; thence southwesterly at right angles to said parallel line 20.00 feet to said northeasterly line; thence north- westerly along said northeasterly line to the point of beginning. Parcel D. That portion of above mentioned Lot E, within the following described boundaries: Beginning at the intersection of the northeasterly line of the south- westerly 30 feet of said lot with the northwesterly line of the south- easterly 35 feet of above mentioned certain parcel of land described in deed to County of Los Angeles; thence northeasterly along said northwesterly line to the beginning of a curve concave to the north, having a radius of 25 feet, tangent to said last mentioned course and tangent to a line parallel with and 50 feet northeasterly, measured at right angles, from the southwesterly line of said lot; thence westerly along said curve 38.76 feet to said parallel line; thence northwesterly along said parallel line 15.00 feet; thence southwesterly at right angles to said parallel line 20.00 feet to said northeasterly line; thence southeasterly along said northeasterly line to the point of beginning. ,,,-, That portion of above described Parcel A which lies southeasterly of a line parallel with and 25 feet southeasterly, measured at right angles, from the south- easterly line of above mentioned certain parcel of land described in deed to County of Los Angeles to be known as LEEDS STREET; and Those portions of above described Parcels A, B, C, and D which lie south - westerly of a line parallel with and 50 feet northeasterly, measured at right angles, from the southwesterly line of above mentioned Lot E To be known as IMPERIAL HIGHWAY; and 356 • All remaining portions of above described Parcels A, B, C, and D To be known as SMALLWOOD AVENUE Second: The construction of cement concrete curb and gutter and premix pavement on aggregate base including appurtenant work in THE ABOVE DESCRIBED RIGHTS OF MAY and the construction of premix pavement on aggregate base and premix pavement - r-� variable thi ckness including appurtenant work in IMPERIAL HIGHWAY between lines approximately 40 feet northwesterly and approximately 40 feet southeasterly, both measured at right angles, from the northwesterly and south - easterly lines, respectively, of above described rights of way to be known as y � g way IMPERIAL HIGHWAY Third: The establishment of the grade of those portions of Smallwood Avenue and Leeds Street to be improved under these proceedings. SECTION 2. That the district to be benefited by said improvement and to be assessed to pay the cost and expense thereof, and to be known as the assess- ment district, shall be all that part of the City of Downey, State of California, having exterior boundaries as sh on a map of the district approved by the Council on the 3 day of , 1958 which map is on file in the Office of the Council. Referen is hereby made to the map for a full and com- plete description of the assessment district and the map shall govern for all details as to the extent of the assessment district. SECTION 3. That this proposed improvement is hereby referred to the City Engineer, John A. Lambie, and said City Engineer is hereby directed to make and file with the Clerk of this Council a report in writing, presenting the following: 1. Plans and specifications of the proposed improvement. 2. An estimate of the cast of the proposed improvement, including the cost of acquiring the necessary rights of way, and of the incidental expenses in connection therewith. 3. A diagram showing the assessment district above re- ferred to, which shall also show the boundaries and dimensions of the respective subdivisions of land within said district, as the same existed at the time of the passage of the resolution of intention, each of which subdivisions shall be given a separate num- ber upon said diagram. 4. A proposed assessment of the total amount of the cost and expenses of the proposed improvement upon the several subdivisions of land in said district in pro - portion to the estimated benefits to be received by such subdivisions, respectively, from said improve- ments. Said assessment: shall refer to such subdivi- sions upon said diagram by the respective numbers thereof. SECTION 4. That it is hereby determined and declared that serial bonds shall be issued in accordance with Division 7, Streets and Highways Code (Improvement Act of 1911), to represent each assessment of twenty -five dollars ($25.00) or more remaining unpaid for thirty (30) days after the date of the recording of the Diagram and Assessment for this improvement. That serial bonds shall extend over a period ending nine (9) years from the second day of January next succeeding the next October fifteenth following their date. The principal sum shall become due and payable in equal annual payments on the 15th day of each November succeeding the October 15th following their date until fully paid. 357 The first interest payment shall be payable on the 15th day of May next succeeding the April 15th or the 15th day of November next succeeding the Oc- tober 15th, as the case may be, next following the date of the bonds. The following interest payments shall each be for six months interest and shall be payable on each fifteenth day of May and November, the last interest pay - ment coming due forty -five (45) days before the last annual payment of the principal. The bonds shall bear interest at a rate to be determined on the sale thereof provided, however, that said rate shall not exceed the maximum rate of 6 per cent I r per annum. SECTION 5. That if the assessment for this improvement resOlts in a sur- j plus in the Improvement Fund after the improvement is completed the surplus shall be refunded or credited pro rata to the parties assessed as follows: Where the assessment or any installment thereof has been paid in cash such , credit shall be returned in cash to the owner of the land upon which the assess - ment was levied, as such owner appears from the last equalized assessment roll at the time the refund is made. Where the assessment or any installment thereof is unpaid the credit shall be applied upon such assessment or the earliest unpaid installment, or install- ments of principal and interest. SECTION 6. The City Clerk shall certify to t adoption of this resolution. APPROVED AND PASSED THIS 2 0 DAY OF , 1958. Al. 411 111 1 111 r --- 'i fA A .. ATTEST: Mayor A --ec.. 1 '~ City lerk I I I hereby certify that the foregoing resolution was on the .-o day of , 1958 duly adopted by a unanimous four - fifths vote of the City a''' uncil of the City of Downey, State of California. xi777 lk z7LAYES: Councilmen: , 4' /may / D NOES: Councilmen: / ABSENT: Councilmen: ,i,/ 1 GLL(- 4, Cit Clerk 1 J 1 f 358 RESOLUTION NO. .-5q/ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY SETTING TIME AND PLACE FOR HEARING FOR THE ACQUISITION OF NECESSARY RIGHTS OF WAY AND THE CONSTRUCTION OF CURB, GUTTER AND PAVEMENT IN DOWNEY IMPROVEMENT. DISTRICT NO. 4 -M (Smallwood Avenue) . I 1 ,--, WHEREAS, proceedings have been instituted for this improvement under the provisions of Division 12, Streets and Highways Code (Municipal Improvement Act of 1913), and WHEREAS, the Resolution of Intention for this improvement was duly adopted by the C' Council of the City of Downey, State of California, on the moo. day of , 1958 and WHEREAS, the Report called for in said Resolution of Intention has been duly prepared and filed with the City Clerk of the City of Downey, and WHEREAS, said Report has been pr ented to and duly considered by this City Council on the ,A0 day of , 1958. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES RESOLVE AS FOLLOWS: . SECTION 1. That the ,y day of �-e , 1958 at the hour of 7 ;'3<) o'clock .m. of said day is the a y and the hour, and the Council Chambers in the City Hall in the City of Downey, is the place, fixed by this Council for hearing protests in relation to the proposed improvement. SECTION 2. That the Clerk of this City Council is hereby directed to give notice of said hearing by causing to be conspicuously posted on all open streets within the district, at not more than 300 feet apart on each street so posted, 0' but not less than three in all, notices of the passage of the Resolution of Intention and of this resolution, all in accordance with the provisions of said Division 12. SECTION 3. That the Clerk of this City Council is hereby directed to give notice of said hearing and of the passage of the Resolution of Intention and of this resolution by causigg such notice to be published by two successive inser- tions in the Downey Live Wire, a newspaper published and circulated in the City of Downey, which is hereby designated by said Council for that purpose, all in accordance with the provisions of said Division 12. SECTION 4. That the Clerk of this City Council is hereby directed to mail notices of said hearing and the adoption of the Resolution of Intention and of the filing of the Report to all persons owning real property proposed to be assessed, whose names and addresses appear on the last equalized assess- ment roll for county taxes prior thereto or as known to the Clerk, all in accordance with the provisions of said Division 12. SECTION 5. The City Clerk shall certify to the adoption of this resolution. PR AP OVED AND ADOPTED THIS ,�v DAY OF 1 , 1958. feralmom*, # / wa *AL _. 4. __.,.. 4 4 . , 4 .• A ,..... D 0--i. ATTES Mayor L1ias City C1-rk I hereby certify that the foregoing resolution was duly adopted by the City Council of t ity of Downey at a regular meeting thereof held on the day of , 1958 by the following vote of the Council: AYES: Councilmen: ,.1e-,,1,-el, - 2 6 ,1 / ,,k4 /.9 0 C NOES: ouncilmen: ABSENT: Councilmen: zze,t, /..,7-4_ City Clerk