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HomeMy WebLinkAboutResolution No. 381 532 • RESOLUTION NO. 31. A RESOLUTION OF THE CITY COIL OF THE CITY OF DOWNEY DECLARING ITS INTENTION TO IMPROVE NADA STREET AND OTHER STREETS AND RIGHTS OF WAY IN THE CITY OF D WHEY, DETERMINING THAT BO= SHALL L BE ISSUED TO REPRESENT THE COST - OR, DECLAR- 0—, ING THE WORK TO BE OF MORE THAN LOCAL OR ORDINARY PUBLIC BENEFIT, AND THAT THE EXPENSE THEREOF SHALL BE ASSESSED UPON A DISTRICT WHEREAS, the Health Officer of the County of Los Angeles, acting ks the Health Officer of the City of Downey, in writing, by letters dated, respectively, August 26, 1958, July 31, 1958, and July 31, 1958, has recommended, respectively, to the City Council of the City of Downey that sanitary sewers be installed and con- structed in those certain districts referred to in said letters, 9, and 23, portions of being, respectively, Districts No. 29, 57 which districts have been consolidated and included within Dis- trict No. 9 to include those streets and rights of way herein- after set forth as follows Nada Street between the easterly line of Old River School . Road and the westerly boundary of Tract 12408; A right of way in and along Otto Street (a private street) between Lexington and Gallatin Head and a point 480 feet westerly of the easterly line of said Lexington and Gallatin Road; A right of way between the easterly line of Lexington and Gallatin Road and the westerly line of the cul de sac of Otto Street (a public street) lying immediately easterly of Lexington and Gallatin Road; Otto Street (a public street) between the right of way easterly of Lexington and Gallatin Road and a point 120 feet east of the center line of Lexington and Gallatin Road; A right of way lying in and along south LaReina Avenue (a private street) between the Tenter line of Stewart and Gray Road and a point 285 feet - north of the northerly line of Stewart and Gray Road; WHEREAS, said recommendation of said Health Of f ices I*s been presented to the City Council and spread upon the minutes of said City Council on January 27, 1959; and -1- 5T3 WHEREAS, said City Council, by Resolution No. X77 , adopted on January 27, 1959, by a four- fifths vote of said City Council, found and determined that the installation and construc- tion of such sanitary sewers is necessary as a health measure; ,•-, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF D W EY DOSS RESOLVE AS FOLLOWS: SECTION 1. That the public interest and convenience require, and it is the intention of the City Council of the City of Downey to order, the following work to be done, to wit: the in- stallation and construction of sanitary sewers, the resurfacing of streets, rights of way or portions thereof necessitated by such installation and construction and appurtenant work thereto. That the public interest, convenience, and necessity require, and it is the intention of the City Council, pursuant to the provisions of Section 5102 of the Streets and Highways Code, to order the acquisition of rights of way for sewer construction purposes, by gift, purchase, or eminent domain proceedings, con - sisting, in general, of the following pacels That certain weal property in the Oity of Downey, County of Los Angeles, State of California, described as: Parcel 1: That part of the Rancho Santa Gertrudes in the City orbowney, County of Los Angeles, State of Califor- nia, described as follows: Beginning At the intersection of Otto Street and Bellder Drive as shown on Tract No. 19081 recorded in Book 478 Page 12 Official Records in the office of the Recorder of said County; thence along the centerline of said Otto Street North 58° 29 35 Nest 585.00 feet to a line in Lexington and Gallatin Road as shown on said Tract 19081; thence along said line North 32° 00' 55" East 54.54 feet to the prolongation of a line that is parallel with and distant northeasterly 15 feet when measured at right angles from the southwesterly property line of the land conveyed to Richard L. Jamison and Jean S. Jamison by deed recorded March 3, 1958, in Book D -30 Page 790 Official Records in the office of the County Recorder of said County, said intersection being the true point of beginning; thence along said parallel line North 58° 35' 45" Welt 442.58 feet to the north- westerly line of the property conveyed to Barney A. Hubert and Karen W. Hubert by deed recorded January 8, 1954 in Book 43546 Page 413 Official Records in the office of said County Recorder; thence along said line and the pro- longation thereof South 31 19 55 Nest 30.00 feet to a -2- 534 point that is South 31° 19! 55" West 15 feet from the most northerly corner of the land conveyed to Guy E. Lewis and Wanda D. Lewis by deed recorded April 24, 1958 in Book 1--80 Page 419 Official Records in the office of said County Recorder; thence along a line that is parallel with and 15 feet distant southwesterly when measured at right angles from the northeasterly line of the said land of Lewis and the prolongation �-, thereof South 58° 35' 45" Bast 42.27 feet to a point in the said line in Lexington and Gallatin Road; thence along said line North 32 00' 55" East 30.00 feet to the point of beginning. Parcel 2: A strip of land being 10 feet wide, distant feet on each side, when measured at right angles from the following described centerline: Beginning at a point in the northwesterly line of Lot 48, Tract 19081 recorded June 10, 1953 in Book 478 Page 12 Official Records in the office of the Recorder of said County, distant North 32 © 00 55 East 11.15 feet from the most westerly corner of said lot; thence South 44 32' 58" Bast to the southerly Tine of said lot, said southerly line being a curve having a radius of 40 feet, the easterly and westerly terminus of said strip of land being the boundary of said lot. Parcel s That part of the Rancho Santa - Gertrudes in the City of County of Los A eles, State of Califor- nia, described as follows: Commencing at the most west- erly corner of Lot 6 of Downey villa Tract No. 1, sa shown on_ the map of record in Book 12 Page 76 of Daps, in the office of the County Recorder of said County; thence North 60 50�- West 45.04 feet; thence South 32 481 West 578 feet; thence North 58° 09! 45" West 649.50 feet to the true point of beginning; thence North 58° 09. 45 West 30.00 feet; thence North 32 10. East 310.38 feet to a point that is distant South 32 48! West 50.00 feet from the northeasterly "line of the land de- scribed in Certificate of Title .No. ER-94555, in the office of the Registrar of Titles of said County; thence parallel with said northeasterly line South 58 09' 45" Bast 30.00 feet thence South 32 48! West 310.38 feet to the true point of beginning. EXCEPT that portion in Stewart and Gray Root dedicated for public use. That all of the foregoing work and ac,sition shall be done in accordance with the profile~ and improvement plan, No. 1-13-26, and any supplemental drawing Mentioned thereon, which said profile and improvement plan was adopted by Resolution No. =� of the City Council on January 27, 1959, and is on file in the office of the City Engineer of the City of Downey, and in accordance with p,,,k specification entitled: "CITY oP' DY SEVER IMPROVEMENT - #9 LA REINA AVENUE OTTO STREET NADA STREET! -3- a35 which was adopted by Resolution No. 57' of the City Council on January 27, 1959. SECTION 2. The estimated cost of this improvement is $22, 450.00. ,..� That said proposed work or improvement, including the acquisition, in the opinion of the City Council of the City of Downey, is of more than local or ordinary public benefit, and the Council hereby proposes that the district in the City of Downey to be benefited by said work or improvement, including the acquisi- tion, and to be assessed to pay the cost and expenses thereof is shown on that certain plan or map, No. AD 9, indicating the ex- terior boundary thereof, approved by Resolution No. 37y of the City Council on January 27, 1959, and on file in the office of the City Engineer. Said plan or map hereby is referred to and shall govern for all details as to the extent of the assessment district. The assessment district includes, in general, the lots and parcels of land abutting upon or contiguous to the herein- above described streets, but reference hereby is made to said plan or map for all details as to the extent of said assessment district and for any variation between the last mentioned general descrip- tion and the extent of the assessment district_ as shown on the plan or map. All public streets or alleys, or portions thereof, hereby are excepted from said district. SECTION 3. That serial bonds, bearing interest at the rate of 6% per annum, shall be issued to represent each assessment of 450.00 or more remaining unpaid for thirty (30) days after the date of the recordation of the warrant. Said serial bonds shall extend over a period ending nine (9) years from the second day of January next succeeding the next October 15th following their date. Payments on the principal of unpaid assessments and interest shall be made by property owners to the City Treasurer, and the suns shall be disbursed by him or as provided in the Improvement Act of 1911 hereinafter referred to. -4- 536 SECTION 4. Notice hereby is given that on February 24, i 1959, at eight o'clock A.M., in the Council Chamber of said city in the City Hall located at 8425 Second Street, Downey, Califor- nia, any and all persons having any objection to the proposed .--� work or improvement, to the extent of the assessment district, or both, may appear before the City Council and show cause why the proposed work or improvement, including the acquisition; should not be carried out in accordance with this Resolution of Intention. Protests must be in writing, must contain•a description of the property sufficient to identify it, and must be delivered to the City Clerk not later than the hour set for hearing. SECTION 5. The Superintendent of Streets immediately shall cause notice of the passage of this Resolution of Intention to be posted conspicuously along the line of the contemplated work or improvement and along all the open streets within said district, in the manner and form prescribed by law. The City Clerk hereby is directed to mail notices, in the manner and form prescribed by law, of the adoption of this resolution to all persons owning real property in the hereinbefore described assessment district, whose names and addresses appear on the last equalized assessment roll Ir City taxes or as known to the City Clerk. SECTION 6. The City Council of the City of Downey, in making the improvement and in doing the work prescribed herein, elects to proceed under and in accordance with the provisions of the Improvement Act of 1911, being Division 7. of the Streets and Highways Code of the State of California. SECTION 7. The City Clerk shall certify to the adoption of this Resolution of Intention and shall cause the same to be published twice in the "Downey Live wire," a newspaper published and circulated in the City of Downey, the first of which publica- tions shall be not less than ten (10) days prior to February 24, 1959, the date of said hearing, and which hearing shall be not _5_ . 537 less than fifteen (15) , nore more than sixty (60) days after the date of adoption of this resolution. SECTION 8. The City Clerk shall certify to the adoption of this resolution, and thenceforth and thereafter the same shall 0.-4, be in full force and effect. APPROVED AND ADOPTED this 27th day of January, 1959. A i . . . ' ..�Ir - ..�� 4P, fe yor ( ' i i AT TES : \ i i,JL,a) / ' City C( rk i I HEREBY CERTIFY that the foregoing resolution was adopted at a 2) meeting of the City Council of the City of Downey held on the 27th day of January, 1959, by the affirmative vote of at least councilmen, to wit: AYES: Councilmen , dz` -,,''. , 7 NOES: Councilmen / ABSENT: Councilmen 4-7 tieilf,) A I iI / City erk .--, 1 —6—