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HomeMy WebLinkAboutResolution No. 0543 81.0 RESOLUTION NO. ,t7 A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY FOR THE ACQUISITION OF NECESSARY RIGHTS OF WAY AND CONSTRUCTION OF CURBS, GUTTERS, AND PAVEMENT IN ASSESSMENT DISTRICT NO. 14 (BENEDICT AVENUE) 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, and pavement under Improvement Dis- trict No. 14 (Benedict 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; 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: SECTION 1. That the public interest, convenience, and necessity require, and it is the intention of the City Council Y q � Y , p ur- 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 improvementnade 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 gen- eral of the following: Beginning at a point in the east line of the west half of the southeast quarter of the southeast quarter of Section 10, Township 3 South, Range 12 West, S.B. and M. in the Rancho Santa Gertrudes as per Book 1 Page 502 Miscellaneous Records of said County, that lies South 89 °48100" West, 661.25 feet, and North 0°04 West 50.00 feet from the southeast corner of said Section 10; thence parallel with the South line of said Section South 89 West 42.97 feet to the beginning of a tangent curve concave north- westerly having 15 and havin a radius of 1 feet; thence northeast- erly along said curve 23.53 feet thru a central angle of 89 to a tangent line that is parallel with and -1- 8 :.. . 28.00 feet distant westerly when measured at right angles from said East line; thence along last mentioned parallel line North 0 ° 04139" West, 48.00 feet; thence North 89 ° 48; 00" East 8.00 feet; thence North 0 West 26.00 feet; thence South 89 West 8.00 feet; thence North 0°04; 39" West 346.70 feet to the beginning of a tangent curve concave southeasterly and having a radius of 90 feet; thence northwesterly along said curve 51.14 feet thru a central angle of 32 °33125 to the beginning of a reverse curve concave easterly and having a radius of 50 feet con- centric around a point lying in said East line and bearing North 0 ° O4t39" West 510.94 feet from the said point of be- ginning; thence northerly along said reverse curve 77.23 feet thru a central angle of 88 ° 29'53" to the prolongation of said parallel line; thence northerly along said prolonga- tion 8.72 feet to a line parallel with the north line of the south half of the southeast quarter of the southeast quarter of said Section 15; thence easterly along said parallel line 56.00 feet to a line that is parallel with and 28.00 feet distant easterly when measured at right angles from said east line; thence along last mentioned parallel line South 0 East 8.44 feet to a curve con- cave westerly and having a radius of 50.00 feet, said curve being concentric around said point in the east line that bears North 0 °04139" West 510.94 from the point of begin- ning; thence southerly along said curve 77.23 feet thru a central angle of 88 ° 29 1 53" to a reverse curve concave south- easterly and having a radius of 90.00 feet; thence south- easterly along said reverse curve 51.14 feet thru a cen- tral angle of 32 °33125" to a point of tangency with the prolongation of the last mentioned parallel line; thence along last mentioned prolongation South 0 ° 04139" East 420.52 feet to the beginning of a tangent curve concave northeasterly and having a radius of 15.00 feet; thence along said curve 23.59 feet thru a central angle of 90 21" to a point of tangency with the said line that is par - said Section; thence westerly with the South line of said Section; y along last mentioned parallel line 43.03 feet to the point of beginning, said parcel to be known as "Benedict Avenue." Second: The grading, preparation of subgrade, paving with 2" asphaltic concrete pavement, construction of concrete curbs, gut- ters, and driveway aprons, construction of concrete cross gutters, and work appurtenant thereto in said right of way to be acquired for said street, and said right of way being Benedict Avenue be- tween Imperial Highway and a point 610.94 feet ! northerly of Im- perial Highway. Third: The establishment of the grade of Benedict Avenue to be improved under these proceedings. SECTION 2. That the district to be benefited by said im- 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 -2- 81L2 the City of Downey having exterior boundaries as shown on a map of the district, being map No. A.D. 14 approved by Resolution No. 518 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 assess- ment 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 $29,784.63. 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 $1,960.98. 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 -3- C3_ 3 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 principal sum shall become due and payable in equal 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 the date of the bonds. The following interest payments 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 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 arties assessed as follows: Where the assessment or any in- p Y staliment 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 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 , 191 y 6 AT : Mayor / Cit Clerk -4- 814 I HEREBY CERTIFY that the foregoing resolution was adopted at a , meeting of the City Council of the City of Downey help on the .__. day of 19(x, by the following vote: tc2h-,) AYES : Counc it en 2�i --9 ,191 0 01 -el- 1 1 NOES: Councilmen ABSENT: Councilmen City Clerk i —5— l .