HomeMy WebLinkAboutResolution No. 3876 RESOLUTION NO. 3876
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DOWNEY AUTHORIZING THE EXCHANGE OF CERTAIN
PARK LANDS
WHEREAS, the City of Downey is the owner of .699 acres of park land which
constitutes a portion of the Dennis the Menace Park; and
WHEREAS, said park lands are located in such a manner as to create an
— irregularly shaped park; and
WHEREAS, Lilyan Joan Watson as Trustee and Elizabeth V. O'Grady as Trustee,
and Downey Saving and Loan Association are willing to enter into an agreement with
the City of Downey to provide for the exchange of .699 acres of land adjacent to
the Dennis the Menace Park for said above described City of Downey's .699 acres of
land; and
WHEREAS, such exchange will make the Dennis the Menace Park more usable, creating a
more regular conformation of the park land and easier to supervise; and
WHEREAS, the consideration to be exchanged is equal; and
WHEREAS, by such exchange the City does not give up any access to a public
right -of -way; and
WHEREAS, the City Council has determined that it is to the advantage and benefit
of the City to create the exchange,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES RESOLVE AS FOLLOWS:
SECTION 1. That there hereby is authorized an exchange of land as described
in Exhibit "A" hereof, said exhibit being that certain agreement by and between
the City of Downey, Lilyan Joan Watson, as Trustee, Elizabeth V. O'Grady, as Trustee,
and the Downey Savings and Loan Association.
SECTION 2. The Mayor is authorized to execute such deeds and documents as may
be necessary to cause the exchange of Parcel 3 as shown on Parcel Map No. 13576 of
Official Records of County of Los Angeles for Parcel 2 as shown on said Parcel Map.
APPROVED AND ADOPTED THIS 14th day of October , 1980.
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1 ,1 PrilAie
Theodore H. J.a.. man , Mayor
ATTEST:
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AgeLit
City Clerk
I HEREBY CERTIFY that the foregoing Resolution No. 3876 was approved and
adopted by the City Council of the City of Downey, at a regular meeting held on the
14th day of October , 1980, by the following vote, to wit:
AYES: 5 Councilmen: Swearingen, Mackaig, Quinn, Cormack, Jackman
NOES: 0 Councilmen: None
ABSENT: 0 Councilmen: None
40F
City Clerk
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REAL ESTATE EXCHANGE AGREEMENT
The City of Downey, a municipal corporation, agrees to convey fee title to a .
certain 0.699 acre parcel of land in the Rancho Santa Gertrudes, in the City
of Downey which will be designated as Parcel Number 3 of Parcel Map No. 13576
. of Official Records of the County of Los Angeles to Lilyan Joan Watson and
Elizabeth V. O'Grady, Trustees under a Declaration of Trust dated January 9,
1956, concurrently with a conveyance of fee title to the City of Downey of a
certain 0.699 acre parcel which will be designated as Parcel No. 2 of Parcel
Map No. 13576. These conveyances shall be made at the close of escrow to be
entered into with the following terms and conditions:
1. The City of Downey shall be paid the sum of $50,240 at close of
escrow which is to be opened at Title Insurance and Trust Company
in Los Angeles, California.
2. The City of Downey shall not be responsible for any escrow fees
or charges, title insurance policy fees, recording fees, documentary
tax stamps or surveying charges. Escrow holder shall immediately
order title insurance with respect to Parcels 2 and 3 insuring the
City and the Trust for their respective parcels that upon close of
escrow each will hold a fee interest in the property conveyed to it,
subject only to exceptions approved in writing by each pursuant to
paragraphs 3 and 4 below.
3. Fee title to Parcel 2 to be conveyed to the City is to be delivered
free and clear of all liens, leases, and other encumbrances, which
are not approved in writing by the City within ten (10) days follow-
ing receipt by the City of a preliminary title report of Parcel 2.
4. Fee title to Parcel 3 to be delivered to the Trust is to be delivered
free and clear of all liens, leases, and other encumbrances, which are
not approved in writing by the Trust within ten (10) days following
receipt by the Trust of a preliminary title report of Parcel 3.."
5. The Trust shall attempt to obtain, prior to close of escrow, a seg-
regation of its tax bill so that taxes affecting Parcel 2 can be
cancelled at the close of escrow. The Trust shall pay taxes to the
close of escrow. If such segregation cannot be obtained prior to
close of escrow, Trust agrees to pay any real_ estate taxes due with
respect to Parcel 2 which are attributable to any period subsequent
to close of escrow.
6. Escrow shall close 30 days from the date upon which this Exchange
Agreement is fully executed by the City, the Trust, and Downey Savings
and Loan Association.
7. Downey Savings and Loan Association at its cost and expense shall
construct park improvements on Parcel 2 in accordance with the
standards, plans and specifications approved by the City of Downey
(- EXHIBIT "A"
IMPROVEMENT AT DENNIS THE MENACE PARK TO BE ACCOMPLISHED PRIOR TO THE
CLOSE OF ESCROW BY DOWNEY SAVINGS AND LOAN ASSOCIATION
1. Prior to any construction taking place, all planned improvements, working
drawings and detailed plans and specifications must be submitted to the
City of Downey for approval by Parks and Recreation Department, Planning,
Building and Engineering Divisions.
2. Downey Savings and Loan Association shall be responsible for all improvement
costs including, but not limited to the following:
a. Planning and design services, surveying, soil tests
(particularly under old A.C. parking lot to determine if
soil sterilants are present), utility relocations as
necessary, and all contract administration and inspection
services.
b. The landscape architect will meet with the Director of Parks
and Recreation to determine exact details pertaining to
demolition and construction work prior to preparation of
plans and specifications.
c. Designated work on existing City property that is necessary
in order to make the new property compatible to the exist-
ing is:
1. Removal and disposal of Bottle Brush hedge rows.
2. Installation of connector walks for transition from
existing to new area.
3. Removal and disposal of concrete curb on easterly
side of play apparatus area.
4. Installation of new concrete walkway of matching
width to existing, located on the east side of the
existing play apparatus area.
5. Removal and disposal existing six (6) foot high
concrete block wall on northerly boundary of
proposed addition.
6. Removal and disposal of all other wall and parking
lot footings, including chain link fencing on
northerly and westerly boundaries of new addition.
7. Install construction fencing before the beginning
of any work on existing City as directed
by City in a way that it will not interfere with
on -going park programs.
d. Regrade the new property that will provide a smooth transition
from the existing park property to a minimum of one (1) per
cent. Ail base material and A/C pavement will be removed from
site prior to any regrading work. Drainage of new site should
be generally in a southerly direction. All excess fill dirt
shall be delivered to a park site designated by City if
necessary.
EXHIBIT "A"
G
r ' - 2 - EXHIBIT "A"
l
e. If soil under the old parking lot contains sterilants in
quantities that will prevent or impede normal plant develop-
ment, it must be removed from the site and replaced with
suitable material (approved by City).
f. Construct new six (6) foot high decorative concrete block
wall on the southerly boundary of both existing and new
park properties. Wall must be 8" thick and solid grout
construction similar to existing wall.
g. Provide new landscape, irrigation improvements in accordance
with City's specifications that will be clarified in para-
graph 2.b.. Irrigation improvements will be equivalent to
and part of the existing Park system.
h. Transplant nine (9) trees from City property- being turned
over to Downey Savings to new property. Trees to be moved are:
Three (3) Cocos Plumosa
Six (6) Washingtonia robusta
Plant ten (10) specimen trees (72" box size minimum) to replace
those large trees that cannot be moved. These trees shall be
as follows:
Three (3) Pinus canariensis
Two (2) Sophora japonica
Three (3) Liquid amber styraciflure var. "Palo Alto"
Two (2) Pinus thumbergii
Both trees being transplanted and the new 72" box specimens will
require a bond in the amount of the appraised value of those
trees being transplanted and the cost of the ten (10) new
specimens as a guarantee of their survival for a period of
one (1) year after the satisfactory completion of all improvements.
This date will be determined by formal acceptance by City.
All other trees to be planted on new site will be fifteen (15)
gallon size or larger.
i. All surplus equipment such as sprinkler heads, remote control
valves, etc. will be removed by the contractor and turned
over to the City. Special care should be exercised to insure
that this equipment is not damaged in the demolition process.
3. At conclusion of construction, City of Downey shall inspect all work
for adherence to this agreement and code compliance.
4. All work shall be accomplished in such a manner as to be the least
disturbance to the adjacent private property owners.
EXHIBIT "A"
08/22/80
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Parks and Recreation Department. The improvements to be constructed
f.
are set forth on Exhibit "A" attached hereto and by this reference t.
made a part hereof. .Prior to close of escrow, Downey Savings and -
Loan, to secure the performance of its obligations hereunder, shall
assign a passbook savings account to the City in an amount equal to
12 times the estimated cost of completing the park improvements set
forth in Exhibit "A" attached hereto. Such account may be used by
the City to ensure performance and completion by Downey Savings and :.
Loan Association of said park improvements in the time and manner
set forth in Exhibit "A ". The assignment shall provide that the City of Downey, upon demand made by it, shall have the right to draw
upon said passbook account in the event that said improvements are
not completed within 120 days after close of escrow.
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Da te :1 dhe, : s?) t� �� /C G
LI LYA ' JOAN WA;~ N, TRUSTEE
21;111P ..4 LI _ �i.�■r :1.1
'E ' :E H V. O'GRADY, TRUSTEE 0 4
Date : CD cfbb . er 41 19e CITY OF DOWNEY
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Theodore Jackman, M 7o
Date: <2 t� r 4 / `t Jo DOWNEY SAVINGS AND LOAN ASSOCIATION
By: ,.34; )tie
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