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HomeMy WebLinkAboutResolution No. 0569 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ORDERING EMINENT DOMAIN PROCEEDINGS FOR THE ACQUISITION OF NECESSARY RIGHTS OF WAY AND THE CONSTRUCTION OF CERTAIN IMPROVEMENTS IN ASSESSMENT DISTRICT NO. 21 (ELM VISTA DRIVE) WHEREAS, the City Council of the City of Downey, on December 8, 1959, adopted Resolution of Intention No. 525, under and pursuant to the provisions of the Municipal Improvement Act of 1913, deter- mining that the public interest, convenience, and necessity require, and declaring its intention to order the acquisition of necessary rights of way and the construction of certain improvements set forth in said resolution in Downey Assessment District No. 21 (Elm Vista Drive); and WHEREAS, the City Council has confirmed the diagram and assess- ment for this improvement, and said diagram and assessment have been recorded in the office of the Superintendent of Streets; and WHEREAS, the City Council, on ;.? , 194(e, adopted �.., Resolution No. ordering that right. of way be acquired and the improvement be made, all as set forth in Resolution of Intention No. 525; and WHEREAS, the City Treasurer has established a Special Fund Account known as the "Improvement Fund for Assessment District No. 21 (Elm Vista Drive);" NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES RESOLVE AS FOLLOWS: SECTION 1. That the City Attorney and the firm of Burke, Williams & Sorensen hereby are 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 to file suit in condemnation for the acquisition of the necessary rights of way for public road purposes and drain- age purposes, all in accordance with Resolution of Intention No. 525 and the report for Downey Assessment District No. 21. -1- r ------ 871 SECTION 2. That the public convenience and necessity require the taking of immediate possession, and said attorneys hereby are directed to institute proceedings, procure the right of immediate possession, and for the taking of immediate possession ^ and use of the property herein ordered to be acquired, upon corn- plying with the requirements of the law applicable thereto, and said attorneys hereby are ordered and directed to report to the City Council the amounts of money required as soon as the same reasonably may be ascertained. SECTION 3. That the rights of way to be acquired are located in the City of Downey, County of Los Angeles, State of California, and are particularly described as follows: The acquisition of rights of way for road purposes of: 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- 1ows: Beginning at a point in the center line of Bellflower Boulevard as shown on the map of Tract 21579, recorded 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 Crossin g Road North 89 East 40 feet to the true point of beginning; thence North 0 West along the easterly line of Bellflower Boulevard, 80 feet wide, a distance. of 45 feet to the beginning of a curve having a radius of 15 feet that is concave northeasterly and is tan- gent to said easterly line of Bellflower Boulevard; thence southeasterly along said curve through a central angle of 83 ° 03'24" 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 Crossing Road North 89 ° 51 1 15" East 56.90 feet; thence parallel with said centerline of Bell- flower Boulevard North 0 West 4.00 feet; thence parallel with s id centerline of Washburn Crossing Road and distant northerly therefrom 709.48 feet, North 89 ° 511 15" 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 central angle of 31 a distance of 48.70 feet to the begin- ning 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 -2- I 872 line of Washburn Crossing Road, said point being North 89° 51t15" 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 00t20" 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 central angle of 1 °00110" distance of 48 7 0 feet to a g 3 a 7 point of tangency with a line that is parallel with and dis- , taut northerl y 9 . feet o 8 f e t 6 � said center line of Washburn from a Crossing Road; thence along said last mentioned parallel line South 89 °51 West 1135.09 feet to the beginning of a tan- gent curve concave southeasterly and having a radius of 15 feet, said curve also being tangent to said easterly line of Bellflower Boulevard; thence southwesterly along said curve through a central angle of 89 °58120" a distance of 23.55 feet to the end thereof; thence along said easterly line of Bell- flower Boulevard North 0 0 07105 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 of: Parcel 2 That portion of the Northeast Quarter of Section 10 Town- ship 3 South Range 12 West of the Rancho Santa Gertrudes, as per map recorded in Book 1 Page 502 of Miscellaneous Records 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: 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 0 061 35" 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 ° 51 1 15" 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 curve through the last mentioned point bears North 89 © 5115" East. SECTION 4. The City Clerk shall certify to the adoption of this resolution. APPROVED AND ADOPTED this 21e4L day of 1960. lik ell041110 Tar Mayor ATTE T: ') i j .� tJ e. , 2 ) City Clerk -3- 873 I HEREBY CERTIFY that the foregoing resolution was adopted at a,e - 7 ',,,, meeting of the City Council of the City of Downey he : on the .-"/ day of % - , 1960, by the affirmative vote of at least : — councilmen, 'o wit / ) ii ��d AYES . Councilmen NOES: Councilmen '. i ABSENT: Councilmen /I `e , ' / / City Clerk -4-