HomeMy WebLinkAboutResolution No. 50360 0
RESOLUTION NO. 5036
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AZUSA DECLARING ITS INTENTION TO IMPROVE
ASPAN AVENUE IN THE CITY OF AZUSA, DETERMINING
THAT BONDS SHALL BE ISSUED TO REPRESENT THE
COST THEREFOR, DECLARING THE WORK TO BE OF MORE
THAN LOCAL OR ORDINARY PUBLIC BENEFIT, AND THAT
THE EXPENSE THEREOF SHALL BE ASSESSED UPON A
DISTRICT (AD 1965-1)
WHEREAS, all of the owners of more than 60 percent in area
of the property subject to assessment for the proposed improvements
hereinafter set forth have signed and filed with the Clerk of the
City Council a written petition for said improvements and waiver
of the Special Assessment Investigation, Limitation and Majority
Protest Act of 1931;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA DOES
RESOLVE AS FOLLOWS:
SECTION 1. That the public interest and convenience require,
and it is the intention of ftCity Council of the City of Azusa
to order the following work to be done, to wit:
The acquisition of right of way necessary for the
opening and extension of Aspan Avenue from its pre-
sent terminus southerly of Third Street to First
Street in the City of Azusa and the improvement of
said existing right of way of Aspan Avenue and said
right of way proposed to be acquired between the
centerline of First Street and the centerline of
Third Street by clearing and grading, excavation,
construction of concrete curbs, gutters, asphaltic
concrete pavement on aggregate base and all work
appurtenant thereto.
The improvement of the Intersection of Aspan Avenue
and First Street by the construction of a concrete
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cross gutter and clearing, grading, excavation, con-
struction of concrete curbs, gutters, asphaltic concrete
pavement on aggregate base and all the work appurtenant
thereto.
The improvement of the intersection of Aspan Avenue
with Third Street by the clearing and grading, excavation,
construction of concrete curbs, gutters and asphaltic
concrete pavement on aggregate base and all work appurtenant
thereto.
The acquisition of right of way necessary for the opening
and extending of Aspan Avenue as follows:
That portion of Lot 51 of Subdivision No. 2
of Azusa Land and Water Company as recorded
in Book 43, page 94 of Miscellaneous Records
in the office of the County Recorder, County
of Los Angeles, State of California, more
particularly described as follows:
Parcel No. 1
The East 50.00 feet of the West 355 feet of
the North 1280 feet of said Lot 51.
Parcel No. 2
The external area of a curve and its tangents
concave to the Northwest; said curve having a
radius of 25.00 feet; said curve being tangent
to the Westerly line of said Parcel No. 1 and
tangent to the Northerly line of First Street
as it existed on April 28, 1966 (said Northerly
line being the Northerly line of the South 40.00
feet of the West 330 feet of said Lot 51.)
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That all of the foregoing work shall be done in accordance
with the Profile and Improvement Plan No. D-362 and any supple-
mental drawings mentioned thereon, which said Profile and Improve-
ment Plan was adopted by Resolution No. 5034 of the
City Council on May 16, 1966, and is on file in the office of -the
City Engineer of the City of Azusa, and in accordance with spec-
ification entitled "Construction of Aspan Avenue" which was adopted
by Resolution No. 5034 of the City Council on May 16, 1966.
The right of way to be acquired is shown on that certain
drawing No. D-379 adopted by Resolution No. 5034 of the
City Council on May 16, 1966, and is on file in the office of the
City Engineer of the City of Azusa.
The work and improvement herein described shall be constructed
to the grades, subgrades, and elevations severally shown upon said
Profile and Improvement Plan, No. D-362 and detailed drawings there-
on, in the respective locations thereof. Reference hereby is made
to the Profile and Improvement Plan No. D-362 for a description of
the grades to which all the work and improvements under this Res-
olution of Intention shall be done, which said grades hereby are
adopted and established as the official grades therefor, for all
purposes in connection with the proceedings pursuant to this Res-
olution of Intention. Notice hereby is given that said grades are
or may be, in part, new and different from those heretofore estab-
lished or existing, or may be, and in some cases are, different
from existing ground levels.
SECTION 2. The estimated cost of this improvement is
$31,087.59.
That said proposed work or improvement, in the opinion of
the City Council of the City of Azusa, is of more than local or
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ordinary public benefit, and the Council hereby proposes that the
district in the City of Azusa to be benefited by said work.or
improvement and to be assessed to pay the cost and expenses there-
of is shown on that certain plan or map No. C-177 indicating the
exterior boundary thereof and showing the lots, pieces and parcels
of land proposed to be assessed approved by Resolution No. 5035
of the City Council on May 16, 1966, 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, 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 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 from the second day of January next suc-
ceeding 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 dis-
bursed by him or as provided in the Improvement Act of 1911 herein-
after referred to.
SECTION 4. Notice hereby is given that on June 20, 1966, at
7:30 P.M. in the Council Chamber of said City in the City Hall
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located at 213 East Foothill Boulevard, Azusa, 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 pro-
posed 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
improvement 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 Resol-
ution 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 Azusa, in making
the improvement and in doing the work prescribed herein, elects to
proceed under and in accordance with the provisions of the improve-
ment 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 pub-
lished twice in "Azusa Herald and Pomotropic", a newspaper published
and circulated in the City of Azusa, the first of which publications
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shall be not less than ten (10) days prior to June 20, 1966, 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 adoption
of this Resolution, and thenceforth and thereafter the same shall
be in full force and effect.
APPROVED AND ADOPTED this 16th day of May, 1966.
Mayor
ATTEST:
I HEREBY CERTIFY that the foregoing Resolution was adopted
at a regular meeting of the City Council of the City of Azusa
held on the 16th day of May, 1966, by the affirmative vote of
at least five councilmen, to wit:
AYES: Councilmen Rubio, Cooney, Solem, McLees,
Memmesheimer
NOES: Councilmen None
ABSENT: Councilmen None
Publish Azusa Herald & Pomotropic,
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PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA
County of Los Angeles,
I am a citizen of the United States and a resident of
the County aforesaid; I am over the age of eighteen
years, and not a party to or interested in the above -
entitled matter. I am the principal clerk of the printer
of the Glendora Press a newspaper of general cir-
culation, printed and published semi-weekly in the
City of Glendora, County of Los Angeles, and which
newspaper has been adjudged a newspaper of general
circulation by the Superior Court of the County of
Los Angeles, State of California, under the date of
December 20, 1927, Case Number 237-377; that the
notice, of which the annexed is a printed copy (set in
type not smaller than nonpareil), has been published
in each regular and entire issue of said newspaper and
not in any supplement thereof on the following dates,
to -wit: June 25" "9#
all in the year 19"66...
I certify (or declare) under penalty of perjury that
the foregoing is true and correct.
Dated at Glendora, California, this ------ 9th ...... day
of......... dune..................................... 19 ... 66 .............
store
PROOF OF Pi
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This space is for the�C'otrmty�_erk's Filing Stamp
CITY
!266 AM 10 Fd 3: f,5
�i-
Proof of Publication of
Res. 5036 Int. re: A.D. #1965-1
............... .............................................................
A RESOLUTION OF THE CITY general description and the ex -
COUNCIL OF THE CITY OF tent of the assessment district
A Z U
$ DECLARING ITS as' shown on the plan or map,
INTE N TO IMPROVE All p ie -streets or alleys, or
ASPM . , VENUE %11- d T HE pof$i thereof, hereby are ex -
CITY OF AZUSA DETERMIN cepte om said district.
ING THAT .BONDS SHALL $SC N 2. That serial bonds,
BE ISSUEfI :TO REPRESENT beafing "igterest, at the rate of
THE COST. THEREFOR, DE-' 6% per annum,shall be issued
CLARINY% TAE WORK •TO -to represent each assessment of
BE OF`MORE'THAN-'LOCAL-$50.06 or more remaining upaid
OR OHAINARX P U B L I C .for thirtyt days after the mailing
BENEFIT;, AND THAT THE of, the. npjtgy by the contractor
EXPENSE -:-THEREOF SHALL as provided In Section 5390 of
BE ASSESSED UPON A DIS- the Streets and Highways Code.
TRICT`1�Q$a' Said,aerW bonds shall extend
WHEREAS, J7r the owners over -'a period ending nine years
Of more:;iJgbp' 60 percent in area fromthe second day of January
of the property subject to assess- neat succeeding the next Sep-
ment fort i -proposed improve- tem her 1st following their date.
menta hereinafter set forth have Payments on the principal of
signed anddss
Y,filed with the Clerk unpaid assments and interest
of the City," Council a written shall be made by property
petition,-for+said impprd9ee�mments owners to the City Treasurer,
and waiveriit tie) c1a1_A`sses- and the, sums'shall be disbursed
ment Inye$tagat on. Limitation by him or as provided in the
and Majarfty Prgte Act of Imprgvement Act of 1911 herein -
1931: ;;; 1—i after referred to.
NOW;'t-,'PHERE'FORE, THE SECTION 4. Notice hereby Is
CITY COUNCIL OF THE CITY
OF AZgdeDOES RESOLVE AS given that t June 20, 1Ch at
FOLLOWS:.. berof .M.mi in the Council Cham-
SECTION;'1. That the 'public locate said City m the City Hall
Interestand*;convenience require located' at 213 East Foothill
zBoulevard, A¢ u s a, California;
and it .64 -re intention of the any and all persons having any
City Coun4aof .the City of Azusa Objection' lid the proposed work
to order -the following work to or improvement, to the extent of
be done,.'to.wit; the. as tent district, or both,
Thn necessary
of right o1 -may ahpgar before the City
way necessary for the opening Council 4bd show cause why the
and extinrion of Aspan Ave- proposedvkork or improvement
nue from—%s present terminus- should notbe carried out in ac -
southerly, of Third Street to. cordance with this Resolution of
First Weft In -the City of Intentioq.(,,Protests must be in
Azusa and, improvement of writinip must contain a descrip-
said eiisatig right of way of tion of,g),e property sufficient to
Aspan'Avenue and said right identify it,and must be delivered
of way proposed to be acquired to the City Clerk not later than
betweeh'the centerline of First the hour set (or hearing.
Street and, the centerline of
Third $ SECTION 5.'TneStiperintend-
}sect by clearing and ent of Streets: immediate) shall
grading, .elti;avatlon, construe- y
Eton of eonerete curbs, gutters, cause notice.: 01 the passage of
asphalfdc c6herete pavement on this Resolution of Intention to
aggregate -,base and aft work be Posted conspicuously along
appurtenant, thereto, the .line of the contemplated
The tinp vement of the In- woitk or 'Improvement and along
all the ne
tersectldni:district
.pf - Aspan Avenue .it streets said
and First Street by the con- ; the mannerr and
nd form
atruction.. of a concrete cross prescribed by law.
gutter `flhd" clewing, The City Clerk hereby is di-
g grading, rected to mail notices, In the
e x c a v a6Io n, construction of manner and form prescribed by
concreWatirbs, gutters, asphal- law", of the 'adoption of this
tic concrete pavement on ag- I{es9lutCon to all persons owning
gregat6nILM and all the work 'rest property In the hereinbefore
a The improvement
thereto.' described assessment d i s t r I c t,
The hmPmvemenC of the In whose names and addresses ap-
tetsection..-of Aspan Avenue pear on the last equalized
with TblrtgsStreet by the clear- sesment roll for City taxes or as
Ing and -grading, excavation, known to the City Clerk.
construUWE of concrete curbs, SECTION 6. The City Council
gutters- and, asphaltic concrete of the City of Azusa, in making
pavemet tr'on aggregate base the improvement and in doing
and All_%`work, appurtenant the 'work prescribed herein,
thereto -1 -^• elects to proceed under and in
The-acquulsitiou of right of accordance with the provisions
way necosmry for. the open- of the Improvement Act of 1911,
ing and -extending of Aspan being Division 7 of the Streets
Avenue'.a`s='fouowa: and Highways Code of the State
That 'Portion of .Lot 51 of of California_ —�
Subdivision: No. 2 of Azusa --- " —
Land and'Water Company m
recorded f[W Book 43. page 94
of MisedIr nous Records in
the offfce.'of the County Re-
corder, 'County of Los Angeles,
State oti California. more nw-
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e City Clerk
511a 1' c$rtif$ • t® 6he adoption of
this Re tibn of Intention and
shall cause the same to he pub-
lished twice 1n "Azusa Herald
and Pomotropic," a newspaper
ished and circulated in the
11. df A2usa; the, flist of which
—PARDk� , publications shall be not less
The 1. 60.00 feet of the' than ten (10) days prior to June
West 355 feet of the North 20, 1966, the date of said hear -
1280 feet of said Lot 51. ing, and which hearing shall be
PARCEL NO. 2- not les than fifteen (15), nor.
The external area of a curvem ore than sixty (60) days after
Jand its. tangents concave to the date of adoption of this
"$ffe_Ndrthwest; said. curveihav- Resolution.
ring a radius of 25.00 feet; said SECTION 8. The City Clerk
curve being tangent to the shall certify to the adoption of
Westerly line of said Parcel this Resolution, and thenceforth
No. 1 and tangent to -the and thereafter the same shall
Northerly line of First Street be in full force and effect.
as it existed on April 28, 1966 APPROVED AND ADOPTED
(said Northerly line being the this 16th day of May. 1966.
Northerly line of the South Louis O. Memmesheimer
40.00 feet of the West 330 feet Mayor
of said Lot 51.) ATTEST:
That all of the foregoing work James Miller
shall be done inaccordance with City Clerk
the Profile and Improvement I HEREBY CERTIFY that the
Plan No. D-362 and any supple- foregoing Resolution w a s
mental drawings mentioned adopted at a regular meeting of,
thereon, which said Profile and the City Council of the City of
Improvement Plan was adopted Azusa held on the 16th day of
by Resolution No. 5034 of the May, 1966, by the affirmative
City Council on May 16, 1966, vote of at least five councilmen,
and is on file in the office of to wit:
the City Engineer of the City of AYES: Councilmen Rubio,
Azusa, and in accordance with Cooney, Belem, McLees, Mem-
specification entitled "Construc- mesheimel.
tion of Aspen Avenue," which was NOES: Councilmen None.
adopted by Resolution No. 5034 ABSENT: Councilmen None.
of the City Council on May 16, James Miller
1966. City Clerk
The right of way to be ac -.Pub.: Azusa Herald fz
quired is shown onthat certain Pometroplc, June 2 & 9, 1966
drawing No. D-379 adopted by—AH-5-61
Resolution No. 5034of the City
Council on May 16, 1966, and is
on file in the office of the City
Engineer of the City of Azusa.
The work and improvement
herein described shall be con-
structed to the grades, subgredes,
and elevations severally shown
upon said Profile and Improve-
ment Plan, No. D-362 and de-
tailed drawings thereon, in the
respective locations thereof.
Reference hereby is made to the
Profile- and Improvement Plan
No. D-362 for a description of
the grades to which all the work
and improvements under this
Resolution of Intention shall be
done, which said grades hereby
are adopted and established as
the official grades therefor, for
all purposes in connection with
the proceedings pursuant to this
Resolution of .Intention. Notice
hereby 1s 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
from existing g r o u n d
levels.
SECTION 2. The estimated
cost of this improvement is
$31,08759.
That said proposed work or
improvement, in the opinion of
the City Council of the City of
Azusa, is of more than local or
ordinary public benefit,.and the
Council hereby proposes that the
district in the City of Azusa to
be benefited by said work or im-
provement and to. be assessed to
pay the cost and expenses there-
of is shown on that certain plan
j or map No. C-177 indicating the
exterior boundary thereof and
showing the lots, pieces and par-
' cels of land proposed to be as-
sessed approved by Resolution,
No: 5035 of the City Council on
May 16, 1966, and on file in the
I office of the City Engineer. Said
plan or map hereby is referred
to and shall govern for all de-
tails as to the extent of the
assessment district. The assess-
ment district includes, in gen-
eral 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 �gtent of said asses-
mcnt distUZ and for any varia-