HomeMy WebLinkAboutResolution No. 295 409
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
ORDERING EMINENT DOMAIN PROCEEDINGS FOR THE ACQUISITION
OF NECESSARY RIGHTS OF MAY AND THE CONSTRUCTION OF CURB,
GUTTER AND PAVEMENT. (Smallwood Avenue)
WHEREAS, the City Council of the City of Downey, State of California,
.-� did on June 30, 1958 adopt a Resolution of Intention under the Municipal
Improvement Act of 1913 determining that the public interest, convenience
and necessity required and declaring its intention to order the acquisition
of necessary rights of way and the construction of curb, gutter and pave-
ment under Downey Improvement No. 4 -M (SMALLWOOD AVENUE); and
WHEREAS, the Council has confirmed the Diagram and Assessment for this
improvement and said Diagram and Assessment has been recorded in the Office
of the Superintendent of Streets; and
WHEREAS, the Council did on August 11, 1958 adopt a resolution ordering
that rights of way be acquired and that the improvement be made; and
WHEREAS, the City Treasurer has established a special fund account known
as the "Improvement Fund for Downey Improvement No. 441".
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES RESOLVE AS
FOLLOWS:
SECTION 1. That the City Attorney is hereby authorized and directed,
in the name of the City of Downey, to institute eminent domain proceedings
in the Superior Court of the State of California, in and for the County of
Los Angeles, and file suit in condemnation for the acquisition of the neces-
sary rights of way for public road purposes, all in accordance with the Re-
solution of Intention and the "Report" for Downey Improvement No. 4-M.
SECTION 2. That whereas, the public convenience and necessity require
the taking of immediate possession, the said City Attorney of the City of
Downey is directed to institute immediate possession proceedings for the
taking of immediate possession and use of the property herein ordered to be
acquired, upon complying with the requirements of law applicable thereto, and
he is ordered and directed to report to the City Council the amounts of money
required as soon as the same may be ascertained.
SECTION 3. That the rights of way to be acquired are located in the City
of Downey, State of California, and shall consist in general of the following:
Parcel A. That portion of Lot E of the Rancho Santa Gertrudes Sub-
divided 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 de-
scribed 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 north-
easterly, measured at right angles, from the southwesterly line
r.-% 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 southeasterly 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 parallel
with and 25 feet northeasterly, measured at right angles, from
410
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 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 °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 be-
ginning of a curve concave to the north tangent to said last
mentioned course and having :a radius of 38 feet; thence west -
erly 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 vouthwesterly, measured at right angles, from said
iast mentioned southwesterly line; thence northwesterly along
said last mentioned curve 18.62 feet to said last mentioned
parallel line; thence North 58 West along said last
mentioned parallel line 283.98 feet to the beginning of a curve
concave 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; thence westerly along said last
mentioned curve 23.25 feet to said last mentioned parallel line;
thence South 32 ° 21 1 55" West along said last mentioned parallel
line 453.47 feet to a line parallel with and 30 feet northeast-
erly, measured at right angles, from the southwesterly line of
said Lot E, thence northwesterly along said last mentioned Para -
llel line 25.00 feet to said last mentioned southeasterly lines
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 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 portion thereof which lies within the southwesterly 30
feet of said Lot E.
Parcel C. That portion 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 men
tioned 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
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along said parallel line 15.00 feet; thence southwesterly at
night angles to said parallel line 20.00 feet to said north-
easterly line; thence northwesterly along said northeasterly
line to the paint 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
southwesterly 30 feet of said lot with the northwesterly line
of the southeasterly 35 feet of above mentioned certain par -
cel 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 wes-
terly along said curve 38.76 feet to said parallel line; thence
northwesterly along said parallel line 15.00 feet; thence south-
westerly at right angles to said parallel line 20.00 feet to
said northeasterly line; thence southeasterly along said north-
easterly 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 southeasterly 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
southwesterly of a line parallel with and 50 feet northeasterly,
measured at right angles, from the southwesterly line of above men-
tioned Lot E
To be known as IMPERIAL HIGHWAY; and
All remaining portions of above described Parcels A, B. C, and D
To be known as SMALLWOOD AVENUE
SECTION 4. The City Clerk shall certify to the adoption of this resolution.
APPROVED AND ADOPTED THIS 467. DAY OF 1958.
0
A1"1'ES Mayor /
. J y. /
City/Clerk
I hereby certify that the foregoing resolution was adopted by the
City Council_f the C y of Downey by a unanimous four fifths vote on
the g ` a i g ay of / �►� 1958.
AYES : Councilmen: /
0 NOES: Councilmen:
ABSENT: Councilmen:
/
C lerk