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HomeMy WebLinkAboutResolution No. 2078 RESOLUTION NO. 2078 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY FINDING AND DETERMINING THAT THE PUBLIC INTEREST, CONVENIENCE AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN PROPERTIES FOR STREET PURPOSES ON RIVES AVENUE AND AT THE NORTHEAST CORNER OF RIVES AVENUE & COLE STREET THE CITY COUNCIL OF THE CITY OF DOWNEY DOES RESOLVE AS FOLLOWS: SECTION 1. That the City Council hereby finds, determines and declares that the public interest and necessity require the acquisition of rights -of- way in, over and under the hereinafter described real property for public street purposes and all uses appurtenant thereto. That the location of the land for said street has been planned and located in the manner which will be most compatible to the greatest public good and the least private injury. SECTION 2. That the City Council finds, determines and declares that, in order to acquire said rights -of -way in, on, over and under said land for said street purposes and use the same for said purposes, the public interest, convenience and necessity require the acquisition of the rights -of -way by theCity of Downey, in, on, over and under that certain real property here- inafter described, and the City Council hereby declares that it is the in- tention of the City of Downey to acquire in its name and rights -of -way in, on, over and under said hereinafter described real property by condemnation in accordance with the provisions of the Code of Civil Procedure and the Constitution of the State of California authorizing the exercise of the right of eminent domain. SECTION 3. That said real property, the acquisition of which is re- quired by the public interest, convenience and necessity for the purpose set forth in Sections 1 and 2 hereof, is described as follows: Parcel 1. That portion of the Rancho Santa Gertrudes in the City of Downey, County of Los Angeles, State of California, described as follows: Beginning at the intersection of the southeasterly line of Rives Avenue as described in Deed recorded May 6, 1915, as Instrument No. 118 in Book 6030, Page 285 of Deeds in the Office of the County Recorder of said County with the south- westerly line of land described in Deed recorded August 25, 1965 as Document No. 1084 in said Office; thence south 58 20' 40" east along said southwesterly line 10 feet to a line parallel g Y P with and distant 30.00 feet, measured at right angles, from the centerline of Rives Avenue as described in said Deed re- corded in Book 6030, Page 285 of Deeds; thence south 32 51' 55" west along said parallel line 154.68 feet to the beginning of a tangent curve concave easterly, and having a radius of 15.00 feet; thence southerly along said curve 23.88 feet to a point of tangency with a line parellel with and distant northeasterly 30.00 feet, measured at right angles, from the centerline of Cole Street as shown on Map of Tract No. 10789 recorded in Book 185, Page 46 of Maps in said Recorders Office; thence south 31 39' 20" west along a radial line of said curve 10 feet to the northeasterly line of Cole Street as shown on record of survey filed in Book 46, Page 23 f thence Records of Survey in said Recorders Office; the ce n o r th 58 ° 20' 40" west along said northeasterly line 23.52 feet to said southeasterly line of Rives Avenue; thence north 32 51' 55" east thereon 180 feet to the point of beginning. To be known as Rives Avenue. Parcel 2. That portion of the Rancho Santa Gertrudes in the City of Downey, California, County of Los Angeles, State of California, des - cribed as follows: Beginning at the intersection of the southwesterly line of land described in Road Deed to the City of Downey recorded September 6, 1966 as Document 1968 in Book D3419, Page 379 of Official Records in the Office of the County Recorder of said County with the northwesterly line of land described in deed to the County of Los Angeles recorded May 6, 1915 as Instrument 118 in Book 6030, Page 285 of Deeds in said Recorders Office; thence south 31 52' 35" west along said northwesterly line 3.66 feet to an angle point therein; thence continuing along said north- westerly line south 32 51' 55" west 92.34 feet to the north- easterly line of land described in deed recorded March 7, 1956 as Document 1943 in said Recorders Office; thence north 55 44' 20" west along said northeasterly line 10 feet to a line parallel with and distant northwesterly 30.00 feet, measured at right angles, from the centerline of Rives Avenue as described in said deed to the County of Los Angeles; thence north 32 51' 55" east along said parallel line 92.25 feet to the southwesterly pro - longation of the northwesterly line of said land described in deed to the City of Downey; thence north 31 52' 35" east along said prolongation 3.75 feet to the southwesterly line of said land; thence south 55 44' 36" east thereon 10 feet to the point of beginning. To be known as Rives Avenue. Par -eel 3, That portion of the Rancho Santa Gertrudes, in the City of Downey, County of Los Angeles, State of California, described as follows: Beginning at the intersection of the southwesterly line of land described in Deed to the City of Downey recorded December 20, 1965, as Document 2694 in Book D3151, Page 251 of Official Records in the Office of the County Recorder of said County with the northwesterly line of land described in Deed to the County of Los Angeles recorded May 6, 1915 as Instrument 118 in Book 6030, Page 285 of Deeds in said Recorders Office; thence south 32 51' 55" west along said northwesterly line 60 feet to the northeasterly line of land des - cribed in deed recorded May 17, 1967 as Document 1728 in Book D3645, Page 380 of Official Records in said Recorders Office; thence north 57 07' 20" west along said northeasterly line 10 feet to a line parallel with and distant northwesterly 30.00 feet, measured at right angles, from the centerline of Rives Avenue as described in said deed to the County of Los Angeles; thence north 32 51' 55" east along said parallel line 60 feet to the southwesterly line of said land described in deed to the City of Downey; thence south 57 07' 20" east thereon 10 feet to the point of beginning. To be known as Rives Avenue. Parcel 4. That portion of the Rancho Santa Gertrudes in the City of Downey, County of Los Angeles, State of California, described as follows: Beginning at the intersection of the southwesterly line of land described in deed to Joseph E. Craun et ux recorded October 10, 1938 as Instrument 553 in the Office of the County Recorder of said County with the northwesterly line of land described in Deed to the County of Los Angeles, recorded May 6, 1945, as Instrument 118 in Book 6030, Page 285 of Deeds in said Recorders. Office; thence south 32 51' 55" west along said northwesterly line 66 feet to the northeasterly line of land described in deed to the City of Downey, recorded December 12, 1965, as Document 2694 in Book D, 3151, Page 251 of Official Records in said Recorders Office; thence north 55° 44' 20" west along said northeasterly line 10 feet to a line parallel with and distant northwesterly 30.00 feet, measured at right angles from the centerline of Rives Avenue as described in said deed to the County of Los Angeles; thence north 32 51' 55" east along said parallel line 66 feet to said southwesterly line of land described in deed to Craun; thence south 55 44' 20" east thereon 10 feet to the point of beginning. To be known as Rives Avenue SECTION 4. That the City Attorney of the City of Downey, and Burke, Williams and Sorensen, hereby are authorized, empowered, and directed to prepare, institute and prosecute in the name of the City of Downey, such proceedings in the proper court having jurisdiction thereof as are necessary for the condemnation of said rights -of -way in said real property described in Section 3 of this Resolution. Said Attorneys hereby are authorized and empowered to take such procedure as may be necessary to secure an order of immediate possession for the use of and occupancy of said property. SECTION 5. The City Clerk shall certify to the adoption of this resolution. APPROVED AND ADOPTED this 10th day of June, 1968. Mayor ATTES : i r City C1 ° erk I HEREBY CERTIFY that the foregoing resolution was duly adopted by the City Council of the City of Downey at a regular meeting thereof held on the 10th day of June, 1968, by the following vote, to wit: AYES: 4 Councilmen: Temple, Ferris, Winton, Morton NOES: 0 Councilmen: None ABSENT: 1 Councilman: Corbin // c/44 -. City Clerk t