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HomeMy WebLinkAboutResolution No. 3193 • RESOLUTION NO. 3193 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY, DECLARING ITS INTENTION TO IMPROVE LAURA STREET AND OTHER STREETS IN THE CITY OF DOWNEY, DETERMINING THAT BONDS SHALL BE ISSUED TO REPRESENT THE COST THEREFOR, DECLARING THE WORK TO BE OF MORE THAN LOCAL OR ORDINARY PUB- - LIC BENEFIT, AND THAT THE EXPENSE THEREOF SHALL BE ASSESSED UPON A DISTRICT (AD 110) WHEREAS, the City Council of the City of Downey, by Resolution No. 3192 , adopted November 10, 1975, set a hearing, pursuant to Section 17 of Article XIII of the Con- stitution of the State of California, for December 8, 1975, to determine whether the public convenience and necessity require the improvement; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES RESOLVE AS FOLLOWS: SECTION 1. That the public interest and convenience 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 acquisition of rights -of -way over the real property described in Exhibit "A" attached hereto and by this reference made a part hereof and the improvement of said rights -of -way and Laura Street, Old River Road and Julius Avenue as follows: The improvement of LAURA STREET between a point 27 feet plus or minus East of the centerline of Old River School Road and a point 25 feet plus or minus East of the centerline of Julius Avenue by clearing; grading, excavation; fence removal and relocation; removal of Portland cement concrete improvements; preparation of subgrade; construction of Portland cement concrete catch basin, curb, gutter, sidewalk, driveway aprons and transi- tions; construction of asphaltic concrete pavement on aggregate - 1 - base; adjustment of sewer manhole frames and covers; grading and construction of Portland cement concrete and asphaltic concrete transition on private property where required to match proposed street grades. The improvement of OLD RIVER SCHOOL ROAD between a point 18 feet plus or minus North of the centerline of Laura Street and a point 31 feet plus or minus South of the center- line of Laura Street by clearing; grading, excavating; removal of Portland cement concrete improvements; preparation of sub - grade; construction of Portland cement concrete curb, gutter, and sidewalk; construction of asphaltic concrete pavement on aggregate base. The improvement of JULIUS AVENUE between a point 50 feet plus or minus North of the Centerline of Laura Street to a point 22 feet plus or minus South of the Centerline of Laura Street by clearing; grading; excavation; removal of Portland cement con- crete improvements; preparation of subgrade; construction of Portland cement curb, gutter and sidewalk; construction of asphal- tic concrete pavement on aggregate base; adjustment of sewer man- hole frames and covers. In addition to the foregoing, there shall be necessary utility relocation and appurtenant work. That all of the foregoing work shall be done in accord- ance with the profile and improvement plan No. 3 -24 -5 , and any supplemental drawings mentioned thereon, which said profile and improvement plan was adopted by Resolution No. 3190 of the City Council on November 10, 1975, and is on file in the Office of the City Engineer of the City of Downey, and in accord- ance with specification entitled Assessment District No. 110 -- Specifications which was adopted by Resolution No. 3190 of the City Council on November 10, 1975. The City Council of the City of Downey hereby deter- mines that it is in the public interest and more economical to do work on private property to eliminate any disparity or level in size between the improvement and driveways, house - walks, and -2- sewers than to adjust the work on public property to elimi- nate such disparity, all a.s provided in Section 5104 of the Streets and Highways Code of the State of California, arid subject to the written consent of the owners of property first being obtained, such work may be done pursuant t.„7 such Section, and the cost thereof shall be added to the assessment of the lot on which the work is done. The work and improvement herein described shall be constructed to the grades, subgrades, and elevations oeverally shown upon said profile and improvement plan No. 3-24-5 , and detailed drawings thereon, in the respective locations thereof. Reference hereby is made to the profile and improve- ment plan No. 3-24-5, for a description of the grades to which all the work and improvements under this Resolution of Inten- tion shall be done, which said grades hereby are adopted and established a.s the official grades therefor, for all purposes in connection with the proceedings pursuant to this Resolu- tion of Intention. Notice hereby is given that said grades are or may be, in part, new and different from those heretofore established or existing, or may be, and in some cases are, different from existing round levels. SECTION 2. The estimated cost of this improvement is $52,20.00. There shall be contributed to the cost of doing said work the cost of the followinir items: a. Engineering and Incidentals excluding costs associated with right-of-way acquisition. b. Reconstruction of existing Portland cement concrete curb, gutter, sidewalk and asphaltic concrete pavement. c. Construction of catch basin. d. Adjustment of sewer manhole frames and covers. e. Construction on Julius Avenue and all con- struction south of the centerline of Laura Street from 677.5 feet southeast of the center- line of Old River School Road to and including -3 - e. the intersection of Julius Avenue f. Removal and /or relocation of fire hydrant. It is estimated that the cost of the work discussed in this para- graph will be $24,200. The contribution by the City for the work described in this paragraph shall be paid out of the Treasury of said City. 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 improvement and to be assessed to pay the cost and ex- penses thereof is shown on that certain plan or map No. AD 110 -B, indicating the exterior boundary thereof, and showing the lots, pieces and parcels of land proposed to be assessed, approved by Resolution No. 3191 of the City Council on November 10, 1975, and on file in the office of the City Clerk. 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, but reference hereby is made to said plan or map for all details as to the extent of said assessment district and for any varia- tion 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 8% per annum, shall be issued to represent each assessment of $50.00 or more remaining unpaid for thirty days after the mailing of the notice by the contractor as provided in Section 5390 of the Streets and Highways Code. Said serial bonds shall extend over a period ending nine years -4- from the second day sf January next succeeding the next Septem- ber ist following their date. Payments on the principal of unpaid assessments and interest shall be made by property owners to the Ctty Treasurer, and the sums shall be disbursed by him or as provided in the Improvement Act of lfl11 herein- after referred to. The bonds shall contain a. redemption provision pro- viding for a premium of fLve per cent of the unmatured prin cipal. SECTION 1 ;. Notice hereby is given that on December 8, 1975, at 7:30 o'clock P.M., in the Council Chamber of said City Hall at 8425 Second Street, Downey, California, any and 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 ac- cordance with this Resolution of Intention. Protests must be In writing, must contain a description of the property suf- ficient 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 Resolutien of Tnten- tion to be posted conspicuously along the line of the contem- plated work or Improvement and along all the open streets with- in 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 hc-re- in, elects to proceed under and in accordance with the provi sions of the Improvement Act of 1911, bein Divsion 7 of the - 5 - . - Streets and Highways Code of the State of California. That it is the opinion of said City Council that the public interest will not be served by allowing the prop- erty owners to take the contract for the work to be done IOMMINa under these proceedings. SECTION 7. The City Clerk shall certtfy to the adoption of this Resolution of Intention and shall cause the same to be published twice Ln the "Southeast News", a news- paper published and circulated in the City of Downey, the first of which publications shall be not less than ten (10) days prior to December 8, 1)75, the date of said hearing, and which hearing shall be not less than fifteen (15), nor more than sixty (60) days after the date of adoption of this Resolution. SECTION 8. The City Clerk shall certify to the adop- tion of this Resolution, and thenceforth and thereafter the same shall be in full force and effect. APPROVED AND ADOPTED this 10th day of November, 1975. May ATTEST: / C.ty 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 10th day of November , 1975, by the affirmative vote of at least four councilmen, to wit: AYES: 4 Councilmen: Scotto, Jennings, Greene, DiLoreto NOES: 0 Councilmen: None ABSENT: 1 Councilmen: Winton 4./ City Clerk -6 - "EXHIBIT A" PARCEL "A" Beginning at a point in the Northeast line of Block "B" in the Rancho Santa Gertrudes in the City of Downey, County of Los Angeles, State of California, as per Map recorded in Book 1, Page 502 of Miscellaneous Records in the Office of the County Recorder of said County, that is 40 feet southeasterly along said line from the most northerly corner of said Block "B "; thence southeasterly along said line 140 feet to the most northerly corner of the land described in the Road Deed, recorded September 30, 1965, as Document No. 5982, in Book D3066, Page 852 of Official Records of said County; thence 5 feet southwesterly along the Northwest line of said land; thence 125.22 feet northwesterly along a line that is parallel to and 5 feet distant from, measured at right angles from the Northeast line of said Block "B" to the beginning of a tangent curve concave to the South, having a radius of 15 feet, which curve is also tangent to the Southeast line of Old River School Road; thence southwesterly along said curve 23.34 feet to said Southeast line of Old River School Road; thence northeasterly along said Southeast line to the point of beginning. PARCEL "B" The Northerly 22 feet of that portion of Block "B" in the Rancho Santa Gertrudes in the City of Downey, County of Los Angeles, State of California, as per Map recorded in Book 1, Page 502 of Miscellaneous Records in the Office of the County Recorder of said County, described as follows: Beginning at a point in the Northeasterly line of said Block "B ", that is South 58 ° 47'35" East 304.375 feet from the most Northerly corner of said Block; thence along said Northeasterly line, South 58 ° 47'35" East 4.375 feet; thence South 32 ° 04'00" West, 150 feet; thence North 58 ° 47'35" East 4.375 feet; thence North 32 ° 04'00" East 150 feet to the point of beginning. PARCEL "C" The Northerly 22 feet of the Northwest 52 feet of the Northeast 150 feet of that portion of Block "B" in the Rancho Santa Gertrudes in the City of Downey, County of Los Angeles, State of California, as per Map recorded in Book 1, Page 502 of Miscellaneous Records in the Office of the County Recorder of said County, described as follows: Beginning at a point in the Northeasterly line of said Block "B" distant thereon South 58 ° 47'35" East 308.75 feet from the most Northerly corner of said Block "B "; thence along said Northeasterly line of said Block, South 58 ° 47'35" East 60 feet; thence South 32 ° 04'00" West 300 feet; thence North 58 ° 47'35" West 60 feet to a line which bears South 32 ° 04'00" West from the point of beginning; thence North 32 ° 04'00" East 300 feet to the point of beginning. PARCEL "D" The Northerly 22 feet of the Southeast 8 feet of that portion of Block "B" in the Rancho Santa Gertrudes in the City of Downey, County of Los Angeles, State of California, as per Map recorded in Book 1, Page 502 of Miscellaneous Records in the Office of the County Recorder of said County, described as follows: Beginning at a point in the Northeasterly line of said Block "B" distant thereon South 58 ° 47'35" East 308.75 feet from the most northerly corner of said Block "B "; thence along said Northeasterly line of said Block South 58 ° 47'35" East 60 feet; thence South 32 ° 04'00 "West 300 feet; thence North 58 ° 47'35" West 60 feet to a line which bears South 32 ° 04'00" West from the point of beginning; thence North 32 ° 04'00" East 300 feet to the point of beginning. Page 1 of 2 Pages "EXHIBIT A" PARCEL "E" The Northerly 22 feet of the Northwest 62 feet of that portion of Block "B" in the Rancho Santa Gertrudes in the City of Downey, County of Los Angeles, State of California, as per Map recorded in Book 1, Page 502 of Miscellaneous Records in the Office of the County Recorder of said County, described as follows: Beginning at a point in the Northeasterly line of said Block "B" that is South 58 ° 47'35" East, 428.75 feet from the most Northerly corner of said Block; thence along said Northeasterly line, South 58 ° 47'35" East, 124.38 feet; thence South 32 ° 04'00" West 323.40 feet to the Southwesterly line of the land described in deed recorded in Book 1019, Page 234 of Deeds, records of said County; thence North 58 ° 47'35" West 124.38 feet; thence North 32 ° 04'00" East 323.40 feet to the point of beginning. PARCEL "F" The Northerly 22 feet of that portion of Block "B "in the Rancho Santa Gertrudes in the City of Downey, County of Los Angeles, State of California, as per Map recorded in Book 1, Page 502 of Miscellaneous Records in the Office of the County Recorder of said County, described as follows: Beginning at a point in the Northeasterly line of said Block "B" that is South 58 ° 47'35" East 553.13 feet from the most Northerly corner thereof; thence along said Northeasterly line, South 58 ° 47'35" East 62.19 feet; thence South 32 ° 04'00" West 323.40 feet; thence North 58 West 62.19 feet to a line that bears South 32 ° 04'00" West from the point of beginning; thence North 32 ° 04'00" East 323.40 feet to the point of beginning. PARCEL "G" The Northerly 22 feet of that portion of Block "B" in the Rancho Santa Gertrudes in the City of Downey, County of Los Angeles, State of California, as per Map recorded in Book 1, Page 502 of Miscellaneous Records in the Office of the County Recorder of said County, described as follows: Beginning at a point in the Northeasterly line of said Block "B" that is South 58 East 615.32 feet from the Northerly corner thereof; thence along said Northeasterly line South 58 ° 47'35" East 62.19 feet to the Northwesterly line of the land described in deed recorded in Book 22, Page 564 of Deeds, records of said County; thence thereon South 32 ° 04'00" West 323.40 feet; thence North 58 ° 47'35" West 62.19 feet to a line that bears South 32 ° 04'00" West from the point of be- ginning; thence North 32 East 323.40 feet to the point of be- ginning, more commonly known as 7508 Laura, Downey, California. Page 2 of 2 Pages