HomeMy WebLinkAboutResolution No. 0617 r♦ A
RESOLUTION NO. C/
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,
PAVEMENT, AND DRAINAGE STRUCTURE IN ASSESSMENT
DISTRICT NO. 33 (PHLOX STREET AND PIVOT 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 con-
struction of curbs, gutters, pavement, utters avement, and drainage structure under
Improvement District No. A.D. 33 (Phlox Street and Pivot 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;
NOWT, 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, 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 street purposes, by
gift, purchase, or eminent domain proceedings, consisting in -�
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eral of the following:
Parcel A.
That portion of the Rancho Santa Ger Crudes , as sh o wn on
map recorded in Book 1, pages 156, 157 and 158, of Patents,
in the office of the Recorder of the County of Los Angeles,
within the following described boundaries:
Beginning at the most southerly corner of Lot 16, Tract
No. 12085 as shown on map recorded in Book 226, pages 22
and 23 of Maps, in the office of said recorder; thence
South 58° 54' 46" East along the southeasterly prolongation
of the southwesterly line of said lot a distance of 0.58
feet to the beginning of a curve concave to the north, tan-
,
gent to said last mentioned course and having a radius of
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79.90 feet; thence easterly along said curve 78.97 feet;
thence North 6 27! 39 East 48.59 feet to the beginning
of a curve concave to the South, having a radius of 140
feet tangent to said last mentioned course and tangent to
a line parallel with and 30 feet northeasterly, measured
at right angles, from the northeasterly line of that cer-
tain parcel of land described as Parcel 1 in deed to Downey
Shower Door Company, recorded as Document No. 1446 on March
8, 1956, in Book 50546, page 286 of Official Records, in
the office of said recorder; thence easterly along said
•-• last mentioned curve 138.57 feet to said parallel line;
thence South 58 49! 46" East along said parallel line 618.92
feet to the northwesterly boundary of that certain 80 foot
strip of land described in deed to County of Los Angeles for
Downey Avenue, recorded as Document No. 2645, on May 12, 1949
in Book 30073, page 190 of said Official Records; thence
southwesterly along said northwesterly boundary to a line
parallel with and 30 feet southwesterly, measured at right
angles, from said northeasterly line of that certain parcel
of land described in above mentioned deed to Downey Shower
Door Company; thence North 58° 249! 46" West along said last
mentioned parallel line 474.66 feet to the northwesterly line
of above mentioned certain parcel of land; thence northeast -
the most
northwesterly line e mo
erly along said o y 30.00 feet to t 3
northerly corner of said last mentioned certain parcel of
land; thence North 58 149! 46" West along the northwesterly
prolongation of the northeasterly line of said last mentioned
certain parcel of land 102.00 feet to the beginning of a
curve concave to the South, tangent to said last mentioned
course and having a radius of 200 feet; thence westerly along
said last mentioned curve 197.95 feet to the beginning of a
reverse curve concave to the North having a radius of 109.90
feet; thence westerly along said reverse curve 108.61 feet
to the southeasterly prolongation of the center line of
Phlox Street, 60 feet wide, as shown on map of said Tract No.
12085; thence North 58° 54! 46" West along said last men-
V tioned southeas prolongation 0.39 feet to the southeast-
IZ e ll o said last mentioned tract; thence North 31°
14' 54" East along said southeasterly boundary 30.00 feet to
the point of beginning.
Parcel B.
That portion of above mentioned rancho, within the follow-
ing described boundaries:
Beginning at the most easterly corner of Lot 17 above men-
' tioned Tract No. 12085; thence South 58° 54! 46" East along
the southeasterly prolongation of the northeasterly line of
said lot a distance of 0.68 feet to the beginning of a curve
concave to the north tangent to said last mentioned course
and having a radius of 139.90 feet; thence easterly along
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39.9 feet; y g
o 29" 31! 6 East o2
said curve 113. 9 feet; thence North 7� 31 29 a 8 5
feet to the beginning of a curve concave to the South, hav-
ing a radius of 120 feet, tangent to said last mentioned
course and tangent to a line parallel with and 30 feet south-
westerly, measured at right angles, from the northeasterly
line of that certain parcel of land described as Parcel 1 in
above mentioned deed to Downey Shower Door Company; thence
easterly along said last mentioned curve 97.69 feet to said
parallel line; thence South 58 49! 46" East along said par -
allel line 116.80 feet to the northwesterly boundary of said
certain parcel of land; thence North 31 e 10' 14" East along
said last mentioned northwesterly boundary 30.00 feet to the
most northerly corner of said last mentioned certain parcel
of land; thence North 58° 249t 46" West along the northwest-
erly prolongation of the northeasterly line of said last
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mentioned certain parcel of land 102.00 feet to the begin-
ning of a curve concave to the South, tangent to said last
mentioned course and having a radius of 200 feet; thence
westerly along said last mentioned curve 197.95 feet to the
beginning of a reverse curve concave to the North, having a
radius of 109.90 feet; thence westerly along said reverse
curve 108.61 feet to the southeasterly prolongation of the
center line of Phlox Street, 60 feet wide as shown on map of
said Tract No. 12085; thence North 58° 54' 46" West along
said last mentioned southeasterly prolongation 0.39 feet to
the southeasterly boundary of said last mentioned tract;
thence South 31 14 5 West along said southeasterly boun-
dary 30.00 feet to the point of beginning.
Parcel C.
That portion of above mentioned rancho, within the follow-
ing described boundaries:
Beginning at the intersection of the southwesterly line of
that certain parcel of land described in deed to 0. P. Warren,
et ux, recorded as Document No. 2410, on August 1, 1947, in
Book 24852, page 342, of Official Records, with the north-
westerly boundary of that certain 80 foot strip of land de-
of Los Angeles for Downey deed to County o Y Avenue,
scribed in y g
recorded as Document No. 2645, on May 12, 1949, in Book
30073, page 190, of said Official Records; thence northeast -
erly along said northwesterly boundary 20.00 feet; thence
westerly in a direct line to a point in said southwesterly
line, distant northwesterly thereon 20.00 feet from the point
of beginning; thence southeasterly along said southwesterly
line 20.00 feet to said point of beginning.
Parcel D.
That portion of above mentioned rancho, within the follow-
-- ing described boundaries:
Beginning at the intersection of the southwesterly line
of above described Parcel A with above mentioned northwest -
erly boundary; thence northwesterly along said southwesterly
line 20.00 feet; thence southerly in a direct line to a point
in said northwesterly boundary; distant southwesterly thereon
20.00 feet from the point of beginning; thence northeasterly
along said northwesterly boundary 20.00 feet to said point of
beginning,
said A arcels A, B, C, and D to be known as "Phlox Street."
Parcel E.
That portion of above mentioned rancho and that portion of
the Tract of the Downey Land Association, as shown on map
us Records, in the
recorded in Book 2 page � e ,
reco , � of Miscellaneo p g 3
office of above mentioned recorder, within a strip of land 40
feet wide, the northeasterly and easterly lines of which are
described as
follows:
Beginning at the intersection of a line parallel with and
40 feet northeasterly, measured at right angles, from the
northeasterly line of above mentioned Tract No. 12085, with
the northwesterly line of that certain parcel of land de-
scribed as Parcel 1 in deed to John Ritchie, et ux, recorded
as Document No. 911 on March 27, 1957, in Book 54040, page
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227 of above mentioned Official Records; thence South 58° 49'
46" East alon g said parallel line 256.67 feet to the begin -
g
nin of a curve concave to the West, tangent to said last
mentioned course and having a radius of 50 feet; thence
southerly along said curve 50.24 feet; thence South 1° 15'
16" East 60.00 feet.
EXCEPTING from above described 40 foot strip of land that
portion thereof which lies within above described Parcel A,
said parcel E to be known as "Pivot Street."
Second: The grading, preparation of subgrade, paving with as-
phaltic concrete pavement, and the construction of curbs and
gutters and concrete cross-gutters in Phlox Street between
Downey Avenue and a point 1,032.75 feet westerly of the
center line of Downey Avenue;
The grading, preparation of subgrade, paving with as-
phaltic concrete pavement, and construction of gutter in
Pivot Street between Phlox Street and a
point northerly and
westerly a distance of 338.42 feet - from the center line
of Phlox Street; and
The construction of a reinforced concrete drainage
structure between Phlox Street and Arnett Street in that
first drainage easement lying westerly of Downey Avenue;
and work appurtenant thereto in said right of way to be acquired for
said streets and in said drainage right of way.
Third: The establishment of the grade of said streets.
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 the
City of Downey having exterior boundaries as shown on a map of the
district, being map No. A.D. 33, approved by resolution No. (i
of said City Council adopted June 13, 1960, 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.
The estimated cost of construction and acquisition for the
project herein described is $60,629.64.
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 iven a separate
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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-
p Y Y g
ram and assessment for this improvement. rovement. The serial bonds shall p
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 It following their date until fully paid.
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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 per cent per annum.
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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 llth day o2 June, 1960.
Mayor
dal
A ST:
X.Ca-
City W erk
I HEREBY CERTIFY that the foregoing resolution was adopted at
1 of the City of Downey
in of the City Counci o
a meet y y
g Y
hel on the 13th day of June, 1960, by the following vote:
AYES: Councilmen i� 6--e,-64/
NOES Councilmen
ABSENT: Councilmen
.` f�
..[.✓ may_
City C1 rk
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