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HomeMy WebLinkAboutResolution No. 525 795 RESOLUTION NO. ,:57,7 :-? 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, PAVEMENT, AND DRAINAGE STRUCTURES IN ASSESSMENT DISTRICT NO. 21 (ELM VISTA DRIVE) 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 curbs, gutters, pavement, and drainage structures under Improvement District No. 21 (Elm Vista Drive), 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 t has been submitted to, and approved b WHEREAS, said report , pp 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: I I SECTION 1. That the public interest, convenience, and r-4 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 portion of the southwest quarter of the northeast quarter of Section 10, Township 3 South, Range 12 West in the Rancho Santa Gertrudes as per map recorded in Book 1 page 502 of Miscellaneous Records in the office of the county recorder of said county, described as fol- lows: Beginning at a point in the center line of Bellflower Boulevard as shown on the map of Tract 21579, recorded -1- in Book 595 page 11 of Maps in the office of said recorder that is North 0 °07105" West 679.48 feet from the center line. of Washburn Crossing Road as shown on said map of Tract 21579, said center line being also the South line of said northeast quarter; thence parallel with said center line of Washburn Crossing Road North 89 ° 51 1 15" East 40 feet to the true point of beginning; thence North 0 °07105 "West along the easterly line of Bellflower Boulevard, 80 feet wide, a dis- tance of 45 feet to the beginning of a curve having a radius of 15 feet that is concave northeasterly and is tangent to said easterly line of Bellflower Boulevard; thence southeast- erly along said curve through a central angle of 83 a distance of 21.74 feet to a point thence parallel with said centerline of Bellflower Boulevard, South 0 East, 4.11 feet; thence parallel with said centerline of Washburn Cross- ing Road North 89 ° 51 1 15" East 56.90 feet; thence parallel with said centerline of Bellflower Boulevard North 0 . West 4.00 feet; thence parallel with said centerline of Wash- burn Crossing Road and distant northerly therefrom 709.48 feet, North 89°51115" East 1079.95 feet to the beginning of a tangent curve concave northwesterly and having a radius of 90 feet; thence northeasterly along said curve through a cen- tral angle of 31 °00110" a distance of 48.70 feet to the be- ginning of a reversing curve having a radius of 50 feet and concentric about a point which lies in a line that is para- llel with and distant northerly 679.48 feet from said center line of Washburn Crossing Road, said point being North 89° 5111 East 1262.18 feet from said center line of Bellflower Boulevard; thence easterly, southerly and westerly along said last mentioned curve through a central angle of 242 00'20" a distance of 211.19 feet to the beginning of a re- versing curve concave southwesterly and having a radius of 90 feet; thence northwesterly along said curve through a I I' central angle of 31 °00'10" a distance of 48.70 feet to a r-• point of tangency with a line that is parallel with and dis- 1 tant northerly 649.48 feet from said center line of Washburn Crossing Road; thence along said last mentioned parallel line t 11 0 feet to the beginning of a tan - Wes . g South 89°51 g s 35 9 gent curve concave southeasterly and having a radius of 15 feet, said curve also being tangent to said easterly line of Bellflower Boulevard; thence Routhwesterly along said curve through a central angle of 89 58 a distance of 23.55 feet to the end thereof; thence along said easterly line of Bell- flower Boulevard North 0 West 45 feet to the true point of beginning, said parcel to be known as "Elm Vista Drive." The acquisition of rights of way for drainage purposes, by gift, purchase, or eminent domain proceedings, consisting in general of the following: Parcel 2 That portion of the Northeast Quarter of Section 10 Town - shi p 3 S Range 12 West of the Rancho Santa Gertrudes, as p er map recorded B 5 c rded in Book 1 Page 02 of Miscellaneous Records p g e An of the office of the County Recorder of Los Angeles County, described as follows: Being a strip of land 10 feet wide lying 5 feet on each side of the following described line: -2- YI 7 Beginning at a point 5 feet Easterly from the Southwest corner of the Southeast quarter of the Northeast quarter of said Section 10, said point being in the South line of the Northeast quarter of said Section 10; thence North 0 0635" West parallel with the West line of the Southeast quarter of the Northeast quarter of said Section 10 a dis- tance of 679.48 feet; thence South 89 West 15.00 feet to a point in the Westerly terminus of said strip of land, the terminus of said land being a curved line con- cave Westerly having a radius of 50.00 feet a radial line of said curve through the last mentioned point bears North 89 East. Second: The grading, preparation of subgrade, paving with 2" asphaltic concrete pavement, construction of concrete curbs, gutters, and driveway aprons, and work appurtenant thereto in said rights of way to be acquired for said street, and the construction of a drain- age structure and channel as to the rights of way to be acquired for said drainage easement. Third: The establishment of the grade of Elm Vista Drive between Bellflower Boulevard and a point 1312 feet } east of Bellflower Boulevard and the establishment of the grade of the drainage chan- nel to be acquired, said channel being 1322 feet ± east of Bell- flower Boulevard and between Elm Vista Drive and Washburn Crossing Road. SECTION 2. That the district to be benefited by said irr 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 district, being map No. A.D. 21 approved by Resolution No. 515 of said City Council adopted November 17, 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 assessment district. The estimated cost of construction and acquisition for ,... the project herein described is $67,835.08. There shall be contributed by the City of Downey from the treasury thereof, out of the general fund thereof, towards the cost and expense of the improvement herein described the sum of $603.51. _3- "7'x'8 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 $50.00 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 September 1st following their date. The rincipal sum shall become due and payable in equal p p p y q annual payments on the 15th day of each October succeeding the next September 1st following their date until fully paid. The first interest payment shall be payable on the 15th day of April next succeeding the March 1st or the 15th day of Oc- tober next succeeding the September 1st, as the case may be, next following he date of the bonds. The following interest payments g g p ym each shall be for six months interest and shall be payable on each 15th day of April and October, the last interest payment coming due -4- 779 the October 15th 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 time the refund is made; where the assessment or any installment is unpaid, the credit shall be applied upon such assessment for the earliest unpaid installment or installments of principal and in- terest. 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 1 day of/V! f 1959. r • 4 .4/ 4 440 _ d i Ai. ', Al., / AI Ma or AT : f' 1,'17,4.1 ' i Cit/ Clerk I HEREBY CERTIFY that the foregoing. resolution was adopted at a .� /_1; -.,, meeting of he City Council of the City of Downey hell on the J __ day of • 1959, by the following vote: /7 'I/ dii; AYES: Councilmen (;�? ,em .. NOES: Councilmen ABSENT: Councilmen r ' Cit erk -5-