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Resolution - 3487RESOLUTION NO. 3487 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IIEST COVINA DECLARING ITS INTENTION TO IMPROVE LARK ELLEN AVENUE AND OTHER STREETS BY THE CONSTRUCTION OF PAVING,CURBS, GUTTERS AND SIDE- WALKS IN THE CITY OF V.?EST COVINA; 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 1-66 ) WHEREAS, the City Council of the City of 1-jest Covina has ordered a report pursuant to the provisions of the Special Assess- ment Investigation, Limitation, and Majority Protest Act of 1931 being Division 4 of the Streets and Highways Code of the State of California and has approved said report and set a hearing thereon. NOW., THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST COVINA 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 West Covina to order the following work to.be done, to wit: The acquisition of the following described land for street purposes all of which land is located in the City of West Covina, County of Los Angeles, State of California and is particularly described as follows: Parcel 2 That portion of Lot 196, of E. J. Ba.ldwin's Fifth Subdivision of a portion of the Rancho La Puente, in the City of West Covina, County of Los Angeles, State of California, as per map recorded in book 12, pages 134 and 135 of maps in the office of the County Recorder of said County bounded as follows: Parcel 2 (Continued) • On the East by the westerly line of Lark Ellen Avenue (shown as Azusa Street) 60 feet wide as shown on said map; on the South by the northerly line and the easterly prolongation of said northerly line of Lot 26 of Tract No. 14250, recorded in book 292 pages 19, 20 and 21 of traps in the office of the County Recorder of said County; on the West by a line parallel with and distant westerly 10 feet from the easterly line of said Lot 196; and on the North by the southerly line of that parcel of land deeded to the Los Angeles County Flood Control District and recorded in book D2062 page 651 of Official Records. To be knoym as Lark Ellen Avenue. Parcel 3 That portion of Lot 201 of E. J. Baldwin's Fifth Sub- division of a portion of the Rancho La Puente, in the City of Nest Covina, County of Los Angeles, State of California, as per trap recorded in book 12 pages 134 and 135 of maps in the office of the County Recorder of said County, described as follows: Beginning at the northeasterly corner of said Lot 201; V thence South-1'-04 e-001'-14est along the easterly line of said lot a distance of 98,00 feet; thence North-880-569-ooll-West, 10.00 feet; thence North-10-04e-00"-East, 83.00 feet to the beginning of a tangent curve concave to the southwest and. • having a radius of 15.00 feet; thence northwesterly along said curve through a central angle of 900-001-00" an arc length of 23.56 feet to the point of tangency with the - 2 - Parcel 3 (Continued) • southerly line of Service Avenue, 60 feet wide, as shown on said map; thence South-880-561-0011-East, 25.00 feet to the point of beginning. 'To be known as Lark Ellen Avenue. Parcel 4 The easterly 10 feet of the northerly 147.00 feet of Lot 211, of E. J. Baldwin's Fifth Subdivision of the Rancho La Puente, in the City of West Covina, County of Los Angeles, State of -California,, as per map recorded in book 12 pages 134 and 135 of maps in the office of the County Recorder of said County. To be known as Lark Ellen Avenue. Parcel 5 That portion of Lot 221 of E. J. Baldwin ' s Fifth Sub- division of the Rancho La Puente, in the City of West Covina, County of Los Angeles, State of California, as per map recorded in book 12 pages 134 and 135 of maps in the office of the County Recorder of said county described as follows: Beginning at the northeasterly corner of said Lot 221; thence North 880-561-00"-west along the northerly line of said lot a distance of 170.82 feet; thence South-10-041-0011- _ West, 10.00 feet; thence South-W-50 -00"-East, 135.82 feet to the beginning of a tangent curve concave to the southwest and having a radius of 25.00 feet; thence easterly, south- easterly and southerly along said curve through a central • angle of 90°-001-00" an are length of 39.27 feet to the point of tangency with a line parallel and distant North. 880-561-00"-West, 10.00 feet from the easterly line of said Lot 221; thence South-1°04l-00"-West, 37.50 feet; - 3 - 0 Parcel 5 (Continued) thence South-880-561-00"-East 10.00 feet; thence North- • 1°-041-00"-East, 72.50 feet, to the point of beginning. To be,known as Cameron Avenue. Parcel 6 The easterly 10 feet of the southerly 88 feet of the northerly 160.50 feet of Lot 221 of E. J. Baldwints Fifth Subdivision of a portion of the Rancho La Puente, in the City of West Covina, County of Los Angeles, State of California, as per map recorded in book 12, pages 134 and 135 of maps, in the office of the County Recorder of said County. To be known as Lark Ellen Avenue, Parcel 7 That portion of Lot 220 of E. J. Baldwin's Fifth Sub- division of a portion of the Rancho La Puente, in the City of West Covina, County of Los Angeles, State of California, as per map recorded in book 12 pages 134 and 135 of maps, in the office of the County Recorder of said County described as follows: Beginning at the northwesterly corner of said Lot 220; thence South-880-561-00"-East along the northerly line of said lot, 160.00 feet; thence South-10-04,-0011-Wiest, 12.00 _ feet; thence North-880-561-00"-West 125.00 feet to the beginning of a tangent curve concave to the southeast and having a radius of 25 feet; thence southerly along said curve through a central angle of '90°-001-00" an are length of 39.27 feet to the point of tangency with a line parallel with and distant easterly 10 feet from the westerly line of said lot; thence South-1°-041-00"-West, 116.00 feet; thence - 4 - Parcel 7 (Continued) North-880-561-00"-West to the westerly line of said lot; . thence North-10-041-00"-East along said westerly line, 153 feet to the point of beginning. To be known as Cameron Avenue and Lark Ellen Avenue. Parcel 8 The westerly 10 feet of the northerly 73 feet of the southerly 147 feet of Lot 220, of E. J. Baldwin's Fifth Subdivision of a portion of the Rancho La Puente, in the City of .West Covina, County of Los Angeles, State of California, as per map recorded in book 12, pages 134 and 135 of maps, in the office of the County Recorder of said County. To be known as Lark Ellen Avenue. Parcel 9 The westerly 10 feet of the southerly 74 feet of Lot 220, of E. J. Baldwin's Fifth Subdivision of a portion of the Rancho La Puente, in the City of West Covina, County of Los Angeles, State of California, as per map recorded in book 12, pages 134 and 135 of maps,.in the office of the County Recorder of said County.. To be known as Lark Ellen Avenue. The improvement of the above described right of way and the following described streets: Lark Ellen Avenue between Walnut Creek Wash and the centerline of Vine. Avenue by the clearing, grading, preparation of sub grade, construction of aggregate ibase and asphaltic concrete pavement, construction of concrete curb, gutter, cross gutters, driveway aprons and sidewalks. - 5 - Service Avenue between the centerline of Lark Ellen Avenue and a point in Service Avenue 55 feet f westerly of said.centerline, Larkwood Street between a point in Larkwood Street 71 feet ± easterly of the centerline of Lark Ellen Avenue and a point in Larkwood Street 71 feet ± westerly of the centerline of Lark Ellen Avenue, Thackery Avenue between the centerline of Lark Ellen Avenue and a point in Thackery Avenue 57 feet ± west of the centerline of Lark Ellen Avenue, Herring Avenue between the centerline of Lark Ellen Avenue and a point in Herring Avenue 55 feet ± westerly of the centerline of Lark Ellen Avenue by clearing, grading, excavating, preparation of sub grade, construction of aggregate base and asphaltic concrete pavement, concrete curbs, gutters and sidewalks. Herring Avenue between the centerline of Lark Ellen Avenue and a point in Herring Avenue 55 feet ± easterly of the centerline of Lark Ellen Avenue by the construction of concrete sidewalk. Cameron Avenue between a point in Cameron Avenue 400 feet ± easterly of the centerline of Lark Ellen Avenue and a point in Cameron Avenue 331 feet westerly of the center- line of Lark Ellen Avenue by clearing, grading, preparation of sub grade, construction of aggregate base, asphaltic concrete pavement, concrete curbs and gutters and driveway apron and all work appurtenant thereto. - 6 - 0 That all of the foregoing work shall be done in accordance with the profile and improvement plan, No..429 D, and any supplemental drawings mentioned thereon, which said profile and improvement plan was adopted by Resolution No. 3484 of the City Council on November 14, 1966,.and is on file in the office of the City Engineer of the City of West Covina, and in accordance with specification entitled "AD 1-66" which was adopted by Resolution No. 3484 of the City Council on November 14, 1966.: The work and improvement herein described shall.be con - strutted to the grades, sub grades, and elevations severally shown upon said profile and improvement plan, No..429D,: and detailed drawings thereon, -in the respective locations thereof., Reference hereby is made to the profile and improvement plan, No.>429D,�for a description of the grades to which all the work and improvements under this Reso- • lution of Intention shall be done,, which said grades hereby are adopted.and established as the official grades therefor, for all pur- poses in connection with the proceedings pursuant to this Resolution 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 ground levels. SECTION 2. The estimated cost of this improvement is $ 124, 688.84+ There shall be contributed to the cost of doing said work the.cost of the clearing,,excavating, grading,,preparation of sub grade, -construction of aggregate base and asphaltic concrete pavement and the cost of constrdc:tion of replacing and relocating existing concrete curbs and gutters. It*is estimated that the cost of such work will be $ 100,652.64 The contribution by said City - 7 - shall be paid out of the treasury of said City and from the General Fund thereof. That the proposed work or improvement in the opinion of the City Council of the City of West Covina, is of more than local or ordinary public benefit, and the Council hereby proposes that the district in the City of West Covina 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. 472, indicating the exterior boundary thereof, and showing the lots, pieces and parcels of land proposed to be assessed approved by Resolution No. 3483 of the City Council on November 14, 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 I - 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 end- ing nine years from the second day of January next succeeding the.next September 1st following their date. Paymentson the principal of unpaid assessments and interest shall be made by property owners to the City Treasurer, and the sums shall be disbursed by him or as provided in the Improvement Act of 1911 hereinafter referred to. SECTION 4. Notice hereby is given that on December 27, 1966, at 8:00 P.M., in the Council Chamber of said City in the City Hall located at 1444 West Garvey Avenue, West Covina, 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 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 improve- ment 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 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 West Covina, 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. r 9 - ' SECTION 7. The City Council of the City of West Covina hereby determines 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, housewalks and sewers than to adjust the work on public property to eliminate such disparity all as provided in Section.5104 of the Streets and Highways Code of the State of California, and subject to the consent of the owners of pro- perty first being obtained, such work may be done pursuant to such section and the cost thereof shall not exceed $200.00 on any one parcel of land or lot and shall be added to the assessment of the lot on which the work is done. SECTION 8. The City Clerk shall certify to the adoption of this Resolution of Intention and shall cause the same to be pub- lished twice in the 1PWest Covina Tribune", a newspaper published and circulated in the City of West Covina, the first of which publications shall be not less than ten (10) days prior to December 27, 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 9. 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 loth day of November, 1966. ATTEST: C y Cler - 10 - 0 I HEREBY CERTIFY that the foregoing resolution was adopted at a regular meeting of the City Council of the City of West Covina held on the loth day of November,, 1966, by the affirmative vote of. at'least —four councilmen, to wit AYES: Councilmen Gillum, Nichols, Snyder, Gleckman, Mayor NOES: Councilmen . stone Krieger ABSENT:, Councilmen None 11 - city C er