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HomeMy WebLinkAboutResolution No. 0735 RESOLUTION A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY FOR THE ACQUISITION OF NECESSARY RIGHTS OF WAY AND CONSTRUCTIONS OF IMPROVEMENTS IN ASSESSMENT DISTRICT NO. 25 {EVEREST STREET AND OTHERS) 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 street improvements under Improvement District No. 25 (Everest Street and others), 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, pursuant to the provisions of Division 12 of the Streets and High- ways Code of the State of California, said division being the Municipal Improvement Act of 1913, to order the acquisition of the necessary rights away 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 public street purposes, by gift, purchase, or eminent domain proceedings, consisting in general of the following: Parcel 1 That portion of Lots 41 to 47 inclusive, Tract No. 2723 recorded in Book 27, page 84 of Maps bounded as follows: Beginning at the southeasterly corner of Lot 47 said tract; thence northeasterly along the south - easterly line of said Lot 47 156.96 feet; thence N 58 14 46" W to a line parallel with and 20 feet -1- • northwesterly measured at right angles from said southeasterly line; thence southwesterly along said parallel line 133.82 feet to the beginning of a curve concave to the north, tangent to said parallel line and having a radius of 15 feet; thence westerly along said curve to a line parallel with and 8 feet northeasterly measured at right angles from the south- • westerly lines of said Lots 42 to 47 inclusive; thence northwesterly along said last mentioned parallel line 488.97 feet to the beginning of a curve concave to the northeast, tangent to said last mentioned parallel line and having a radius of 372 feet; thence northwesterly along said last mentioned curve 58.88 feet to the beginning of a tangent reverse curve concave to the southwest and having a radius of 428 feet; thence north- westerly along said last mentioned curve to the north- westerly line of said Lot 41; thence southwesterly along said northwesterly line to the southwesterly line of said Lot 41; thence southeasterly along the southwesterly lines of said Lots 41 to 47 inclusive to the point of beginning. Parcel 2 That portion of Lots 48 to 54 inclusive, Tract No. 2723 recorded in Book 27, page 84 of Maps bounded as follows: Beginning at the southwesterly corner of said Lot 48; thence northeasterly along the northwesterly line of said Lot 48 157.39 feet; thence S 58 14 467E to a line parallel with and 20 feet southeasterly measured at right angles from said northwesterly line; thence southwesterly along said parallel line 134.52 feet to the beginning of a curve concave to the east, tangent to said parallel line and having a radius of 15 feet; thence southerly along said curve to a line parallel with and 8 feet northeasterly measured at right angles from the southwesterly lines of said Lots 48 to 54 in- clusive; thence southeasterly along said last mentioned parallel line 626.53 feet to the beginning of a curve concave to the north, tangent to said last mentioned parallel line and having a radius of 15 feet; thence easterly along said last mentioned curve to the south- easterly line of said Lot 54; thence southwesterly along said southeasterly line to the southwesterly line of said Lot 54; thence northwesterly along said southwesterly lines of said Lots 48 to 54 inclusive to the point of beginning. Parcel 3 That portion of Lots 55 to 61 inclusive, Tract No. 2723 recorded in Book 27, page 84 of Maps bounded as follows: Beginning at the northeasterly corner of said Lot 55; thence southwesterly along the southeasterly line of said Lot 55 22.99 feet to the beginning of a curve con - cave to the west, tangent to said southeasterly line and having a radius of 15 feet; thence northerly along said curve to a line parallel with and 8 feet southwesterly -2- r . measured at right angles from the northeasterly lines of said Lots 55 to 61 inclusive; thence northwesterly along said parallel line 627.08 feet to the beginning of a curve concave to the south, tangent to said paral- lel line and having a radius of 15 feet; thence wester- ly along said curve 23.48 feet; thence S 32 42 W 81.03 feet to the beginning of a curve concave to the north- west tangent to said last mentioned line and having a radius of 1040 feet; thence southwesterly along said • last mentioned curve 144.34 feet; thence N 32 2 42' B to the northeasterly line of said Lot 61; thence south- easterly along the northeasterly lines of said Lots 55 to 61 inclusive to the point of beginning. Portions of parcels 1, 2, and 3 will be known as Brookshire Avenue and Eucalyptus Street. Parcel 4 That portion of Lot 55, Tract No. 2723 recorded in Book 27, page 84 of Maps bounded as follows: Beginning at a point in the southeasterly line of said lot, distant northeasterly thereon 30.02 feet from the southeasterly corner of said lot; thence northeaster- ly along said southeasterly line 15.32 feet to the begin- ning of a curve concave to the north, tangent to said southeasterly line and having a radius of 15 feet; thence westerly along said curve to a line parallel with and 30 feet northeasterly measured at right angles from the south - westerly line of said lot; thence southeasterly along said parallel line to the point of beginning. Parcel 5 That portion of Lot 61, Tract No. 2723 recorded in Book 27, page 84 of Maps bounded as follows: Beginning at a point in a line parallel with and 30 feet northeasterly measured at right angles from the south- westerly line of said lot, distant northwesterly thereon 74.57 feet from the southeasterly line of said Lot 61; thence northwesterly along said parallel line 15.22 feet; thence N 32° 42 E 15.22 feet to the beginning of a curve concave to the east, tangent to said last mentioned line and having a radius of 15 feet; thence southerly along said curve to the point of beginning. Parcels 4 and 5 will be known as Everest Street. Parcel 6 That portion of Lots 62 to 68 inclusive, Tract No. 2723 recorded in Book 27, page 84 of Maps bounded as follows: Beginning at a point in the northeasterly line of said Lot 68, distant southeasterly thereon 38.70 feet from the -3- northwesterly line of said Lot 68; thence southe said along a curve concave to the southwest us tangent feet, northeasterly line and having a 20.30 feet to the beginning of a tangent reverse curve, concave to the northeast and having a radius of f 8 ffeet; thence southeasterly along saiwt feet southwesterly 67.74 feet to a line parallel l measured at right angles from the northeasterly lines of said Lots 62 to 67 inclusive; thence southeasterly alongve said parallel line 488.90 feet to ara a llel gine and hav- concave to the west, tangent p ing a radius of 15 feet; thence southerly along said last mentioned curve 23.65 feet; thence N 32 42' E 6.08 feet; thence N 12° 27' 55" W 23.98 feet to the northeasterly line of said Lot 62; thence northwesterly along the northeasterly lines of said Lots 62 to 68 inclusive to the point of begin- ning . Parcel 6 will be known as Eucalyptus Street. Parcel 7 That portion of Lot 62, Tract No. 2723 recorded in Book 27, page 84 of Maps bounded as follows: Beginning at a point in a line parallel with and 30 feet northeasterly measured at right angles from the southwesterly feet line of said Lot 62, distant southeasterly thereon 44.98 from the northwesterly line of said lot; thence northwesterly along said parallel line 44.94 feet to the beginning of a curve concave to the north, tangent to said parallel line and having a radius of 15 feet; thence easterly along said curve 20.96 feet; thence N 43 25 1 30" E 17.18 feet to the beginning of a curve concave to the northwest, tangent to said last men- tioned line and having a radius of 960 feet; thence northeast- erly along said last mentioned curve 127.43 feet; thence S 57° 02 30" E 11.43 feet; thence southeasterly in a direct line to the point of beginning. Parcel 7 will be known as Brookshire Avenue. Parcel 8 That portion of the part of the Rancho Santa Gertrudes finally confirmed to James P. McFarland and John G. Downey recorded in Book 1 pages 156 to 158 of Patents bounded as follows: Beginning at a point in the northwesterly line of Tract No. 2723 recorded in Book 27 page 84 of Maps, distant north- easterly thereon 7 feet from the northwesterly corner of Lot 68 said tract; thence northwesterly along a line parallel with the northwesterly prolongation of the northeasterly line of said Lot 68 21.29 feet to the beginning of a curve con- cave to the southwest, tangent to said last mentioned line and having a radius of 95 feet; thence southwesterly along said curve 22.14 feet; thence N 70 58' 5c W feet to the -4- PIZ beginning of a curve concave to the east, tangent to said last mentioned line and having a radius of 61 feet; thence westerly and northerly along said last mentioned curve 124.58 feet; thence N 6 02! E 29.11 feet to the southwesterly prolongation of the south- easterly line of Lot 12, Tract No. 11462 recorded in Book 207, pages )46 and )47 of Maps; thence northeasterly along said southwesterly prolongation to the southeast- erly corner of said Lot 12; thence southeasterly along the southeasterly prolongation of the southwesterly line of said Lot 12 to the southwesterly corner of Lot 11 said Tract No. 11462; thence southwesterly along the southwesterly prolongation of the northwesterly line of said Lot 11 50.73 feet to the beginning of a curve con - cave to the east, tangent to said last mentioned south- westerly prolongation and having a radius of 15 feet; thence southeasterly along said last mentioned curve 23.65 feet to a line parallel with and 18 feet north- easterly measured at right angles from the northwesterly prolongation of the southwesterly line of Lot 41, said Tract No. 2723; thence southeasterly along said last mentioned parallel line 84.76 feet to the beginning of a curve concave to the southwest, tangent to said last mentioned parallel line and having a radius of 428 feet; thence southeasterly along said last mentioned curve 0.16 feet to the northwesterly line of said Lot 41; thence southwesterly in a direct line to the point of beginning. Portions of which parcel will be known as Eucalyptus Street and Glynn Avenue. Parcel 9 That portion of the part of the Rancho Santa Gertrudes finally confirmed to James P. McFarland and John G. Downey recorded in Book 1 pages 156 to 158 of Patents bounded as follows: Beginning at the southwesterly corner of Lot 68, Tract No. 2723, recorded in Book 27, page 84 of Maps; thence northeasterly along the northwesterly line of said Lot 68 to a line parallel with and 30 feet northeasterly measured at right angles from the southwesterly line of said Lot 68; thence northwesterly along the northwesterly prolongation of said parallel line 426.61 feet to the beginning of a curve concave to the east, tangent to said northwesterly prolongation and having a radius of 15 feet; thence north- erly along said curve 23.78 feet; thence southwesterly along a line parallel with the northwesterly line of said Tract No. 2723 and its southwesterly prolongation 90 feet to the beginning of a curve concave to the south tangent to said last mentioned parallel line and having a radius of 15 feet; thence easterly along said last mentioned curve 23.3+ feet to a line parallel with and 30 feet south - westerly measured at right angles from the northwesterly prolongation of the southwesterly line of said Tract No. 2723; thence southeasterly along said last mentioned paral- lel line 486.28 feet to the beginning of a curve concave to the west, tangent to said last mentioned parallel line and -5- having a radius of 15 feet; thence southerly along said curve 22.82 feet; thence southeasterly along a line parallel with the said southwesterly line of Tract No. 2723 50.06 feet to the beginning of a curve concave to the south, tangent to a line bearing N 31° 30' E and having a radius of 15 feet; thence easterly along said last mentioned curve 24.31 feet to a line parallel with and 30 feet southwesterly measured at right angles from said southwesterly line of Tract No. 2723; thence south- easterly along said last mentioned parallel line 190.21 feet; thence N 31° 30' E to said southwesterly line of Tract No. 2723; thence northwesterly along said south- westerly line of Tract No. 2723 to the point of beginning. Portions of parcel 9 will be known as Brookshire Avenue, Everest Street, and Dolan Avenue. Parcel 10 That portion of the part of the Rancho Santa Gertrudes finally confirmed to James P. McFarland and John G. Downey recorded in Book 1 pages 156 to 158 of Patents bounded as follows: Beginning at a point in the southwesterly line of Tract No. 2723 recorded in Book 27 page 84 of Maps, distant northwesterly thereon 55.18 feet from the southeasterly corner of Lot 55, said tract; thence S 31 30' W to a line parallel with and 30 - feet southwesterly measured at right angles from said southwesterly line; thence northwesterly along said parallel line 369.86 feet to the beginning of a curve concave to the south, tangent to said parallel line and having a radius of 15 feet; thence westerly along said curve 23.88 feet; thence N 31° 30 E to said southwesterly -- line; thence southeasterly along said southwesterly line to the point of beginning. Parcel 11 That portion of the part of the Rancho Santa Gertrudes finally confirmed to James P. McFarland and John G. Downey recorded in Book.1 pages 156 to 158 of Patents bounded as follows: Beginning at a point in the southwesterly line of Tract No. 2723 recorded in Book 27, page 84 of Maps distant northwesterly thereon 490.36 feet from the southeasterly corner of Lot 55, said tract; thence S 31 30= W 44.70 feet to the beginning of a curve concave to the west, tan- gent to said last mentioned line and having a radius of 15 feet; thence northerly along said curve 23.24 feet to a line which is parallel with and 30 feet southwesterly measured at right angles from said southwesterly line; thence northwesterly along said parallel line 175.58 feet to the beginning of a curve concave to the south, tangent to said last mentioned parallel line and having a radius of 15 feet; thence westerly along said last mentioned curve 20.96 feet; thence N 42° 37 15" E to said parallel line; thence south- easterly along said.parallel line to the point of beginning. -6- k Parcels 10 and 11 will be known as Everest Street. Parcel 12 That portion of the part of the Rancho Janta Gertrudes finally confirmed to James P. McFarland and John G. Downey recorded in Book 1 pages 156 to 158 of Patents bounded as follows: Beginning at a point in the northeasterly line of Imperial Highway as the same existed on July 15, 1960, distant thereon N 56° 40' iT 775.60 feet from the south- easterly line of the land described in the deed to W. W. Jones recorded in Book 16, page 100 of deeds; thence N 56 40 W 55.37 feet to the beginning of a curve concave to the north, tangent to said last mentioned line and hav- ing a radius of 15 feet; thence easterly along said curve 23.92 feet; thence N 31 30' E 530.65 feet to the begin- ning of a curve concave to the southeast, tangent to said last mentioned line and having a radius of 1040 feet; thence northeasterly along said last mentioned curve 201.86 feet; thence N 42° 37! 15" E 101.07 feet to the beginning of a curve concave to the west, tangent to said last mentioned line and having a radius of 15 feet; thence northerly along said last mentioned curve 26.15 feet to a line parallel with and 30 feet southwesterly measured at right angles from the southwesterly line of Tract No. 2723 recorded in Book 27, page 84 of Maps; thence northwesterly along said last mentioned parallel line 249.27 feet; thence N 31 30! E to said southwesterly line; thence southeasterly along said southwesterly line 264 feet; thence S 31° 30! W 137.46 feet; thence southeasterly along a line parallel with said south- westerly line 61.33 feet; thence S 42° 37' 15" w feet to the beginning of a curve concave to the southeast, tangent to said last mentioned line and having a radius of 960 feet; thence southwesterly along said last mentioned curve 186.33 feet; thence S 31 30' W 532.31 feet to the beginning of a curve concave to the east, tangent to said last mentioned line and having a radius of 15 feet; thence southerly along said curve 23.21 feet; thence northwesterly in a direct line to the point of beginning. Parcel 12 will be known as Brookshire Avenue and Everest Street. Second: The construction of cement, concrete, curb and gutter, asphalt pavement on aggregate base, driveway aprons, grading and appurtenant work in BROOKSHIRE AVENUE between the center line of Imperial Highway and a line parallel with and 178 feet northeasterly measured at right angles from the center line of Eucalyptus Street, and in -7- GLYNN AVENUE between the southwesterly line of Eucalyptus Street and the southeasterly prolongation of the northeasterly line of Lot 12, Tract No. 11462 recorded in Book 207, pages 46 and 47 of Maps records of said County, and in EUCALYPTUS STREET between the northwesterly line of Glynn Avenue and the center line of Birchdale Avenue, and in BIRCHDALE AVENUE between a line parallel with and 237.80 feet southwest- erly measured at right angles from the center line of Everest Street and a line parallel with and 102.45 feet northeasterly measured at right angles from the center line of Eucalyptus Street, and in EVEREST STREET between the center line of Downey Avenue and the center line of Birchdale Avenue, and in DOLAN AVENUE between the center line of Everest Street and a line parallel with and 15 feet southwesterly measured at right angles from the southwesterly line of Everest Street, and in BET T,DER AVENUE between the center line of Everest Street and a line parallel with and 15 feet southwesterly measured at right angles from the southwesterly line of Everest Street, and in IMPERIAL HIGHWAY between a line parallel with and 310.22 feet southeasterly measured at right angles from the center line of Brookshire Avenue and a line parallel with and 264 feet northwesterly measured at right angles from the center line of Brookshire Avenue. The construction of sanitary sewers and appurtenances in BROOKSHIRE AVENUE between the center line of Imperial Highway and a line parallel with and 100 feet northeasterly measured at right angles from the center line of Everest Street and in -8- GLYNN AVENUE between the southwesterly line of Eucalyptus Street and the northwesterly prolongation of the southwest- erly line of Lot 10 said Tract No. 11462, and in EVEREST STREET between the center line of Downey Avenue and the center line of Brookshire Avenue, and in IMPERIAL HIGHWAY between the center line of Bellder Drive and a line paral- lel with and 264 feet northwesterly measured at right angles from the center line of Brookshire Avenue. Third: The establishment of the grade of 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. AD 25 approved by Resolution No. 710 of said City Council adopted November 14, 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 assessment district. The estimated cost of construction and acquisition for the project herein described is $281,000.00. 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 $95,00.00. 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 -9_ L.) 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 bound- aries 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 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 Octo- ber 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. -10- 74 SECTION 5. That if the assessment forthis 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 12th day of December, 1960. Mayor ATT: 'fl `/) City 'lerk 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 12th day of December, 1960, by the following vote: AYES: Councilmen NOES: Councilmen / ABSENT: Councilmen Y City Clerk/ -11-