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HomeMy WebLinkAboutResolution No. 412 582 RESOLUTION NO. 4 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 CURBS, GUTTERS, AND PAVEMENT IN ASSESSMENT DISTRICT NO. 18 (TENTH STREET) WHEREAS, the report prepared pursuant to Division 4 of the Streets and Highways Code, said division being the Special Assess- ment Investigation, Limitation, and Majority Protest Act of 1931, covering the proposed acquisition of necessary rights of way and construction of curb, gutter, and pavement under Improvement Dis- trict No. 18 (Tenth Street), 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; and WHEREAS, said report has been submitted to, and approved by, the City Council, and a hearing has been set thereon; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES RESOLVE AS FOLLOWS: r"" SECTION 1. That the public interest, convenience, and ,_s necessity require, and it is the intention of the City Council, pur- suant to the provisions of Division 12 of the Streets and Highways Code of the State of California, said division being the 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, purchase, or eminent domain proceedings, consisting in general of the following: Parcel 1 That certain real property in the City of Downey, County of Los Angeles, State of California, being that portion of the Rancho Santa Gertrudes in the City of Downey, County of Los Angeles, State of California, bounded by the following de- _ scribed lines: Beginning at the most westerly corner of Tract #7235 as shown on map recorded in Book 78, page 92 of Maps in the office of the County Recorder of said county, said most westerly corner being the most northerly corner of the land described in Certificate of Title No. K -6818, on file in the office of the Registrar of Titles of said county; thence along the southwesterly line of said Tract #7235, and (description continued) -1- 583 the northeasterly line of said land, South 58 East 876.38 feet to the most easterly corner of the land conveyed to Edward J. Farrell and Lillian E. Farrell by document No. 5286 -N registered April 3, 1945 in the office of the Registrar. of Titles of said county; thence along the south- easterly line of the land of Farrell South 31 West 25 feet; thence parallel to said southwesterly line of Tract #7235, North 58 West 876.11 feet to the northwesterly line of the land conveyed to William M. Hargis and Thelma P. Hargis by deed recorded August 23, 1954, in Book 45380, page 325, Official Records in the office of said county recorder; thence along said northwesterly line North 31 East 25 feet to the point of beginning. Parcel 2 UMW That certain real property in the City of Downey, County of Los Angeles, State of California being that ng portion of Tract No. 7235 recorded in Book 78, page 92, Official Records in the office of the County Recorder of said county, described as follows: Beginning at the most westerly corner of Lot 4 of said tract; thence along the southwesterly line of said Lot 4 South 58 East 17 feet; thence in a straight line 24.04 feet to a point is in the northwesterly line of said lot and North 31 o 21 East 17 feet from the point of be- ginning; thence South 31 West 17 feet to the point of be- ginning. Parcel 3 That certain real property in the City of Downey, County of Los Angeles, State of California, being that portion of Tract No. 7235 recorded in Book 78 page 92, official Records in the r in, office of the County Recorder of said county described as fol- lows: Beginning at the most southerly corner of Lot 20 of said tract; thence along the southwesterly line of said Lot 20 North 58 West 17 feet; thence in a straight line, 24.04 feet to a point that is in the southeasterly line of said lot and North 3159 East -17 feet from the point of beginning; thence South 31 West 17 feet to the point of beginning, said Parcels 1, 2, and 3 to be known as "Tenth Street." Second: The grading, preparation of subgrade,paving with two inch asphaltic concrete pavement, construction of concrete curbs and gut- . construction of concrete driveway tersj, construction of concrete cross- gutters,/ and work appurtenant aprons thereto in said rights of way to be acquired and the existing right of way of said street between Brookshire Avenue and Birchdale Avenue. Third: The establishment of the grade of Tenth Street to be im- proved under these proceedings. SECTION 2. That the district to be benefited by said im- p-, provement and to be assessed to pay the cost and expense thereof and to be known as the assessment district shall be that part of the City of Downey having exterior boundaries as shown on a map of the -2- r 584 district, being map No. A.D. 18, approved by resolution No. 406 of said City Council adopted March 24, 1959, which map is on file in the office of the City Clerk. Reference hereby is made to the map for a full and complete description of the assessment district and the map shall govern for all details as to the extent of the assess- ment district. SECTION 3.. This proposed improvement hereby is referred to the Director of Public Works of said city, and said Director of Public Works hereby is directed to make and file with the Clerk of the Council a report in writing presenting the following: (1) Plans and specifications of the proposed improvement (2) An estimate of the cost 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 diagram also shall show the boun- daries and dimensions of the subdivisions of land within the 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 number 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 hereby is determined and declared that serial bonds shall be issued in accordance with Division 7, Streets and Highways Code, said division being the Improvement Act of 1911, to represent each assessment of $25.00 or more remaining unpaid for thirty days after the date of the recording of the dia- gram and assessment for this improvement. The serial bonds shall extend over a period ending. nine years from the 2nd day of January next succeeding the next October 15th 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. -3 1 585 The first interest payment shall be payable on the 15th day of May next succeeding the April 15th or the 15th day of Novem- ber next succeeding the October 15th, as the case may be, next fol- lowing the date of the bonds. The following interest payments each 0.--, shall be for six months interest and shall be payable on each 15th day of May and November, the last interest payment, coming due forty- five 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 ex- ceed the maximum rate of six percent per annum. SECTION 5. That if the assessment for this improvement results in a surplus in the improvement fund after the improvement is completed, the surplus shall be refunded or credited prorata to the parties assessed as follows: Where the assessment or any in- stallment has been paid in cash, such credit shall be returned in cash to the owner of the land upon which the assessment was levied as such owner appears from the last equalized assessment roll at the n 1 time the refund is made; where the assessment or any installment is unpaid, the credit shall be applied upon such assessment or the earliest unpaid installment or installments of principal and interest. SECTION 6. The City Clerk shall certify to the adoption of this resolution, and thenceforth and thereafter the same shall be in full force and effect. APPROVED AND ADOPTED this / day of ' , 1959. A 0 S . / I _ ` � . - 4111 ayor Or ' A D. ; - a . / City r erk I HEREBY CERTIFY that the foregoing resolution was adopted at - a meeting of the City Council of the City of Downey -4- _...........------J 586 held on the /4 day of l � 1959, by the following vote: AYES : Councilmen() ,,' Ljte, NOES: Councilmen ABSENT: Councilmen r, qh City C erk _5_