HomeMy WebLinkAboutResolution No. 0632 2 .i t b j
RESOLUTION NO. d32?
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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 CON -
STRUCTION OF CERTAIN IMPROVEMENTS IN ASSESSMENT
DISTRICT NO. 33 (PHLOX STREET AND PIVOT STREET)
WHEREAS, the City Council of the City of Downey, on June 13,
1960, adopted Resolution of Intention No. 617, under and pursuant to
the provisions of the Municipal Improvement Act of 1913, determin-
ing 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. 33 (Phlox Street
and Pivot Street); 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
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resolution No. ./ ordering that rights of way be acquired and
the improvement be made, all as set forth in Resolution of Intention
No. 617; and
WHEREAS, the City Treasurer has established a Special Fund Ac-
count known as the "Improvement Fund for Assessment District No. 33
(Phlox Street and Pivot Street);"
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 street purposes, all in
accordance with Resolution of Intention No. 617 and the report for
Downey Assessment District No. 33.
SECTION 2. That the public convenience and necessity
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require the taking of immediate possession, and said attorneys here-
by are directed to institute proceedings, procure the right of im-
mediate possession, and an order for the taking of immediate posses-
sion and use of the property herein ordered to be acquired, upon com-
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 lo-
cated in the City of Downey, County of Los Angeles, State of Cali-
fornia, and are particularly described as follows:
Parcel A.
That portion of the Rancho Santa Gertrudes, as shown 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
79.90 feet; thence easterly along said curve 78.97 feet;
thence North 64° 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 certain
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 5056, 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 north-
westerly boundary to a line parallel with and 30 feet south-
westerly, measured at right angles, from said northeasterly
line of that certain parcel of land described in above men-
tioned deed to Downey Shower Door Company; thence North 58
49' 46" West along said last mentioned parallel line 474.66
feet to the northwesterly line of above mentioned certain
parcel of land; thence northeasterly along said northwesterly
line 30.00 feet to the most northerly corner of said last men-
tioned certain parcel of land; thence North 58 49 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
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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
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 said curve 113.69
feet; thence North 7 31. 29" East 80.25 feet to the beginning
of a curve concave to the South, having a radius of 120 feet,
tangent to said last mentioned course and tangent to a line
parallel with and 30 feet southwesterly, measured at right angles,
from the northeasterly line of that certain parcel of land de-
scribed 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 parallel line 116.80 feet to the northwesterly boun-
dary of said certain parcel of land; thence North 31° 10' 14"
East along said last mentioned northwesterly boundary 30.00 feet
to the most northerly corner of said last mentioned certain par -
-=4 cel of land; thence North 58° 49! 46" West along the northwest-
erly prolongation of the northeasterly line of said last men-
tioned certain parcel of land 102.00 feet to the beginning of
a curve concave to the South, tangent to aid 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 south-
easterly prolongation 0.39 feet to the southeasterly boundary
of said last mentioned tract; thence South 31° 14' 54" West
along said southeasterly boundary 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-
scribed in deed to County of Los Angeles for Downey Avenue,
recorded as Document No. 2645, on May 12, 1949, in Book 30073,
Records; thence northeasterly along
page 190, of said Official Re y g
said northwesterly boundary 20.00 feet; thence westerly in a
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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 northwesterly
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.
Parcel E.
That portion of above mentioned rancho and that portion of
the Tract of the Downey Land Association, as shown on map re-
corded in Book 2, page 4 +34 of Miscellaneous Records, in the
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
227 of above mentioned Official Records; thence South 58° 49'
46" East along said parallel line 256.67 feet to the begin-
_ ning 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.
SECTION 4. The City Clerk shall certify to the adoption
of this resolution.
APPROVED AND ADOPTED this day o; , 1960.
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Mayor
ATTE :
City C rk
I HEREBY CERTIFY that the foregoing resolution was adopted at
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a regular meeting of the City Council of the City of Downey held
on the day of , 1960, by the affirmative vote of
at least .5 councilmen, to wit:
5 AYES: Councilmen . / i , / , 6,,/,:,, ii ."
NOES: Councilmen
ABSENT: Councilmen
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City C,-rk
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