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HomeMy WebLinkAboutResolution No. 0684 . t RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DECLARING ITS INTENTION TO IMPROVE DOLAN AVENUE AND OTHER STREETS AND RIGHTS OF WAY WITH- IN THE CITY OF DOWNEY BY THE CONSTRUCTION OF A SANITARY SEWER, THE ACQUISITION OF CERTAIN RIGHTS OF WAY PERTAINING THERETO, AND DETERMINING THAT BONDS SHALL BE ISSUED TO REPRESENT THE COST THEREFOR, DECLARING THAT THE WORK TO BE DONE IS OF MORE THAN LOCAL OR ORDINARY PUBLIC BENEFIT AND THAT THE EXPENSE THEREOF SHALL BE ASSESSED UPON A DISTRICT. (A.D. NO. 45) WHEREAS, the Health Officer of the County of Los Angeles, acting as the Health Officer for the City of Downey, has recommended, as a health measure, the institution of proceedings to construct sanitary sewers in and along Dolan Avenue and other streets and rights of way within the City of Downey as hereinafter described; and WHEREAS, the said written recommendations were given to the City Council and spread upon the Minutes of the meeting on September 27, 1960; and WHEREAS, the City Council of the said City of Downey, after giving due consideration thereto, adopted by a four- fifths (4/5) vote, . — . Resolution No. ‘,F,/ , at a regular council meeting on September 27, 1960, finding and determining that the construction of such sanitary sewers on Dolan Avenue and other streets and rights of way within the City of Downey is necessary as a health measure; 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, pursuant to the provisions of Section 5102 of the Streets and Highways Code of the State of California, to order the acquisition of rights of way for sewer easement purposes by gift, purchase, or eminent domain proceeding, consisting of the following described parcels: -1- t F h .41 Parcel Parcel 1 That portion of the Rancho Santa Gertrudes, in the City of Downey, County of Los Angeles, California, described as follows: Beginning at a point in the Northeasterly line of Imperial Highway distant thereon North 56 ° 40' West 1245.60 feet from the Southeasterly line of the land described in the deed to W. W. Jones, as per map recorded in Book 16, Page 100 of Deeds, Records of said County; thence along said Northeasterly line North 56 ° 40' West 50 feet; thence parallel with the said Southeasterly line North 31 ° 30' East 886.53 feet to the Northeasterly line of said land of Jones; thence South'56 East 50 feet to a line that is parallel with said Southeasterly line which passes through the point of beginning; thence South 31 ° 30' West 886.53 feet to the point of beginning. DtLtXLXXIXICIXIXXXXxXt3LCxi XIXIXIXX Parcel 2 That portion of Lot "F" in the Rancho Santa Gertrudes, in the City of Downey, County of Los Angeles, California, described as follows: Beginning at a point in the Easterly line of Paramount Boulevard 80 feet wide, that is North 32 ° 12'00" East 438.73 feet, more or less, from - the Southwesterly line of said Lot; thence continuing North 32 ° 12'00" East 20.00 feet to the Northeasterly line of the land described in deed recorded in book 15227, page 375 in the office of the County Recorder of said County; thence along said Northeasterly line South 58 ° 55'12" East 723.65 feet, more or less, to a line that is parallel to said Paramount Boulevard; thence thereon South 32 ° 12'00" West 20.00 feet to a line which is parallel to said Northeasterly line and passes through the point of beginning; thence thereon North 58 ° 55'12" West 723.65 feet to the point of beginning. XWIZIM w Parcel 3 That portion of the Rancho Santa Gertrudes, in the City of Downey, County of Los Angeles, California, described as follows: Beginning at the Southwesterly corner of the land conveyed to Dr. J.C. Kendricks, by deed recorded in book 97, page 501 of Deeds, in the office of the County Recorder of said County; thence North 31 ° 52' East along the Northwesterly line of the land so conveyed to Dr. Kendricks 55.00 feet; thence South 58 ° 48'30" East 139.91 feet to the beginning of a tangent curve concave Northerly and having a radius of 96.64 feet; thence Easterly along said curve through a central angle of 30 ° 03'40" a distance of 50.70 feet to the beginning of a reversing curve concave Southerly and having a radius of 96.64 feet; thence Easterly along said curve through a central angle of 30 ° 03'40" a distance of 50.70 feet to the true point of beginning; thence South 58 ° 48'30" East 2.40 feet to a point in a line that is parallel with said Northwesterly line of Dr. Kendricks; thence North 31 ° 52' East thereon 8.00 feet; thence South 58 ° 48'30" East 207.78 feet to a point in the Southeasterly line of the land conveyed to Martha M. Morris by deed recorded in book 4537, page 218 of Deeds; thence along said South- easterly line South 31 ° 52' West 16 feet; thence North 58 ° 48'30" West 210.09 feet to a line bearing North 31 ° 11'30" East from the true point of beginning; thence North 31 ° 11'30" East thereon 8.00 feet to the true point of beginning. XX XS xixxtxxX 3e&XXX -2- That the public interest, convenience and necessity further require, and it is the intention of the City Council of the City of Downey, to order the following work to be done, to wit: The construction and installation of a sanitary sewer system, resurfacing as necessary, and all appurtenant work thereto, in and along the following public and private streets and other rights of way: (1) Dolan Avenue, a private roadway, between Everest Street and Imperial Highway; (2) Casanes Avenue, a public street, between Florence Avenue and a point 94.5 feet - southerly of the center line of Via Amorita; (3) Imperial Highway, a public street, between Downey Avenue and the intersection of said Imperial Highway and the prolongation of the easterly street line of Dolan Avenue; (4) Leeds Street, a private roadway, between Paramount Boulevard and the southeasterly terminus of said Leeds Street; distance of 732 feet ± from the center line of Paramount Boulevard. (5) DePalma Street, a private roadway, between a point on said DePalma Street, 194 feet t easterly from the center line of Rives Avenue and the easterly terminus of said DePalma Street, 393 feet ± easterly of the center line of Rives Avenue; (6) Orizaba Avenue, a public street, between Stewart and Gray Road and Cole Street, The assessment district shall consist of five (5) separate and distinct and non - contiguous areas all combined within this one proceeding and shall be known as "A. D. No. 45 (Dolan Avenue)". That all of the foregoing work shall be done in accordance with the profile and improvement plan, No. 1- 13 -36, and any supple- mental drawings mentioned thereon, which said profile and improve- ment plan was adopted by Resolution No. of the City Council on September 27, 1960, and is on file in the office of the City Engineer of the City of Downey, and in accordance with specifications entitled "ASSESSMENT DISTRICT NO. 45 - SPECIFICATIONS - SEWER IMPROVE- ,- MENT ",which was adopted by Resolution No. ( J3 of the City Council on September 27, 1960. That the foregoing acquisition shall be done in accordance with, and pursuant to, the description set forth hereinabove and as shown on Map No. 45R, which was adopted by Resolution No. :Z -3- of the City Council on September 27, 1960, and a copy of which map is on file in the office of the City Engineer of the City of Downey. SECTION 2. The estimated cost of this improvement is $ 59.771.30 That said proposed work or improvement, in the opinion of —. the City Council of the City of Downey, is of more than local or ordinary public benefit, and the Council hereby proposes that the district in the City of Downey to be benefited by said work or improve- ment and to be assessed to pay the cost and expenses thereof is:hown on that certain plan or map No. L15, indicating the exterior boundary thereof, approved by Resolution No.1 of the City Council on September 27, 1960, and on file in the office of the City Engineer. Said plan or map hereby is referred to and shall govern for all details as to the extent of the assessment district. The assessment district includes, in general, the lots and parcels of land abutting upon or contiguous to the hereinabove described streets and rights of way, but reference hereby is made to said plan or map for all details as to the extent of said assessment district and for any variation between the last mentioned general description and the extent of the assessment district as shown on the plan or map. All public streets or alleys, or portions thereof, hereby are excepted from said district. SECTION 3. That serial bonds, bearing interest at the rate of 6% per annum, shall be issued to represent each assessment of $50.00 or more remaining unpaid for thirty (30) days after the date of the recordation of the warrant. Said serial bonds shall extend over a period ending nine (9) years from the second day of January next succeeding the next September 1st following their date. Payments on the principal of unpaid assessments and interest shall be made by property owners to the City Treasurer, and the sums shall be disbursed by him or as provided in the Improvement Act of 1911 herein - - after referred to. SECTION 4. Notice hereby is given that on October 25, 1960, at 8 :00 o'clock A.M., in the Council chamber of said City in the City Hall located at 8425 Second Street, Downey, California, any and -4- all persons having any objection to the proposed work or improvement, to the extent of the assessment district, or both, may appear before the City Council and show cause why the proposed work or improvement should not be carried out in accordance with this Resolution of Intention. Protests must be in writing, must contain a description of the property sufficient to identify it, and must be delivered to the City Clerk not later than the hour set for hearing. SECTION 5. The Superintendent of Streets immediately shall cause notice of the passage of this Resolution of Intention to be posted conspicuously along the line of the contemplated work or improve- ment and along all the open streets within said district, in the manner and form prescribed by law. The City Clerk hereby is directed to mail notices, in the manner and form prescribed by law, of the adoption of this resolution to all persons owning real property in the hereinbefore described assessment district, whose names and addresses appear on the last equalized assessment roll for City taxes or as known to the City Clerk. SECTION 6. The City Council of the City of Downey, in making the improvement and in doing the work prescribed herein, elects to proceed under and in accordance with the provisions of the Improvement Act of 1911, being Division 7 of the Streets and Highways Code of the State of California. SECTION 7. The City Clerk shall certify to the adoption of this Resolution of Intention and shall cause the same to be published twice in the "Downey Live Wire ", a newspaper published and circulated in the City of Downey, the first of which publications shall not be less than ten (10) days prior to October 25, 1960, the date of said hearing, and which hearing shall not be less than fifteen (15), nor more than sixty (6o) days after the date of adoption of this resolution. SECTION 8. The City Clerk shall certify to the adoption -5- , of this resolution, and thenceforth and thereafter the same shall be in full force and effect. APPROVED and ADOPTED this 27th day of September 1960. %I ,e dr_AA. Ma • ATTEST: ,( . 1 City Clerk I HEREBY CERTIFY that the foregoing resolution was adopted at a regular meeting of the City Council of the City of Downey held on the 27th day of September 1960, by the affirmative vote of at least 7 councilmen, to wit: AYES: 5 councilmen Temple, Dunnum, Giddings, Corbin, Peavey NOES: Councilmen ABSENT: Councilmen City Cerk -6-