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HomeMy WebLinkAbout679 - Bay Avenue & Other Improvements„ RESOLUTION OF IU`PF TIOIJ 110. n A RESOLUTIOii OF THE CITY COUNCIL OF THE CITY OF NEViORT BEACH, CALIFCR2JIA, 7L- CLa -MING ITS 1HTEOTIOP? TO ORDER THE Is:r'ROVL- ME21T Ol+ BAY AVaPIUE AUD CMMAII, OTHER STREETS, I)ECLART? f= Tli >70Pi; TO BE OF ",ORE TIJAN LOCAL OR 0?D`iJTUlY jrUBLIC BENi:FIT AHD DES - CRIBIIvG THE DISTRICT TO BE Bl?10i'IiTLD BY SAID FOR t A40 TO i AY THE COSTS :+ill) E .:'FNSES TH JtLOY; 4111 DETERU114ING THAT BONDS SHALL BE ISSU .) TO REYRE SEBT U2:PAn ASSESS ITENTS FOY' TH,s COSTS AND Z {PEASES, 100 F191RG A TIME 7 PLAC” FOrL Ii.EI!RING OBJECTIONS TO THE SAID U ?ORK. *****V* The City Council of the City of Newport Beach, Calif- ornia, pursuant to the provisions of the "Improvement Act of 1911" and amendments to the said act, does resolve as follows: DESCRIPTION OF WORK S MION 1. That the public interest and convenience require, and that it is the intention of the City Council of the City of Newport Beach, California, to order the following work to be done, to-wit: 1. That the following described streets be improved by the installation of certain cement concrete Uarbelite (Design ,;o. 5- 134 -8) ornamental lighting costs equipped ijith Neolite '81 -4 lighting unit, together pith wires, cables, conduit, lamps, and other suitable and necessary appliances for the purpose of lighting said streets, and also the removal of certain existing cement concrete light posts: (a) Upon BAY AVENUE bet7een a line three feet southeasterly of and parallel with the southeasterly line of Adams Street and the • easterly line of 9th Street. (b) Upon BUZNA VISTA BOULEVARD from the northerly line of Bay Avenue to its intersection with Edgewater Avenue. (c) Upon LITMO AVENUE. from the northerly line of Bay Avenue, to the southerly line of 'dgenater Avenue. -1- (d) upon ISLAND AVERFUE from the southerly line of Central Avenue to a line 61 feet southerly of and parallel pith the said southerly line of Central Avenue end between a line 76 feet southerly of and parallel with the southerly line of Bay Avenue and the southerly line of Edgewater Avenue. (e) upon ANADE AVFNUE between the northerly line of Bay Avenue and the southerly line of Edgewater Avenue. (f) Upon NONTRRO AVENUE between the northerly line of Bay Avenue and the southerly line of Edgewater ;avenue. (g) UPON ALV1411ADO PLACE from the northeasterly line of Bay Avenue to the southwesterly line of Edgewater Avenue.. (h) Upon EDG0,1ATZ! AVENM between a line 51.38 feet westerly of the center line of Lindo Avenue and the northeasterly prolong- ation of the southeasterly line of Fernando Street. (i) Upon DAY VIL0 AVENUE between the northerly line of Bay Avenue and a line .12 feet northeasterly of and parallel with the northeasterly line of Block 2 of said Balboa Bayside Tract.. 2, That the following described streets be improved by the installation of certain cement concrete 1.1arbelite (Design No. S- 134-B) ornamental lighting posts, equipped with Rleolite #,'1 -4 lighting unit; together with wires, cables, conduit., lamps and other suitable and necessary appliances for the purpose of lighting said streets: (a) Upon ADAUp STREET from the northeasterly line of Surf Avenue to a line 15 feet northeasterly of and parallel with the southeasterly prolongation of the northeasterly line of Block 2, as shorn upon a man of the Balboa Bayside Tract, recorded in Book 4, page 78 of Miscellaneous flaps, records of Orange County, Calif- ornia. • (b) Upon .EIGHTH STREET between the northerly line of Surf Avenue and the southerly line of Bay Avenue. (c) Upon SEVENTH STREET from the southerly line of Bay Avenue to a line 61 feet southerly of and parallel with the southerly line of Bay Avenue and from the southerly line of Central Avenue to a line 61 feet southerly of and parallel with the southerly line of -P- Central Avenue. (d) Upon SIXTH STREET from the southerly line of Bay Avenue to a line 84 feet southerly of and parallel with the southerly 0 • line of Bay Avenue and from the southerly line of Central Avenue to a line 61 feet southerly of and parallel with the southerly line of Central Avenue. (g) Upon ALVARADO STREET from the northerly line of Surf Avenue to the easterly prolongation of the northerly line of Lot 7. as shown upon a map of Subdivision of Bloek A, East Newport, recorded in Book 4, page 51 of Uiseellaneous Maps, records of Orange County, California. (f) Upon CORONADO STREET from the northeasterly line of Surf Avenue to a line 99 feet northeasterly of and parallel with the said northeasterly line of Surf Avenue and between a line 99 feet southwesterly of and parallel with the southwesterly line of Bay Avenue and the southwesterly line of Edgewater Avenue: (g) Upon FERNA14DO STREET from the northeasterly line of Bay Avenue to the southwesterly line of Edgewater Avenue: (h) Upon CYPRESS STREel between the southeasterly prolongation of the southwesterly line of Lot 4, Block 1, of the Balboa Tract, as shown upon a map recorded in Book 4, page 11, of Mliscellaaneous Plops, records of Orange County, California, and the southerly line of Bay Avenue. (i) Upon HARDING STREET between the southeasterly line of Cypress Street and the northwesterly line of Adams Street. 3. That NINTH STREET between the westerly prolongation of the southerly line of Lot 25 as shorn upon a map of Tract 894, re- corded in Book 30, page 11 of Miscellaneous Uaps, records of Orange County, California, and the westerly prolongation of the -3- 1 r, h to, { northerly line of Bay Avenue, be improved by the installation of certain cement concrete Uarbelite (Design frS- 134 -B) ornamental lighting post, equipped with Neolite ;'851 -4 lighting unit, to= gether with mires, cables, conduit, lamps and other suitable and • .necessary appliances for the purpose of lighting said 9th Street; 4. That CENTRAL AVENUE from the easterly line of Alvarado Street to a line three (3) feet westerly of and parallel with the westerly line of 8th Street be improved by the installation of certain cement concrete Uarbelite (Design Tfo: 8- 160 -B) ornamental lighting posts, equipped with Neolite No: 81 -4 lighting unit, together with wires, cables, conduit, lamps and other suitable and necessary appliances for the purpose of lighting said Central Avenue, and also the removal of certain existing cement concrete light posts and the re- connecting of the existing cable and conduit. 5. That SURF AVENUE between the westerly line of 8th Street and a line 55 feet southeasterly of and parallel with the southeasterly line of Adams Street be improved by the installation of certain cement concrete Marbelite (Design No. 5 -134 -B and S- 160 -B) ornamental lighting posts equipped with Neolite No. 81 -4 lighting unit, together with wires, cables; conduit, lamps and other suitable and necessary appliances for the purpose of lighting said Surf Avenue, and also the removal of certain existing cement concrete lighting posts and the re- connecting of the existing cable and conduit. For all purposes of this proceeding that certain public street in the City of Newport Beach lying between the northeasterly prolongation of the southeasterly line of Adams Street and the Northeasterly prolongation of the northwesterly line of Adams 0 Street, as said Adams Street is laid but and shown upon a map of the Balboa Bayside Tract, recorded in Book 4, page 78 of Uiscell- -4- 0 aneous.Maps, records of Orange County, California, and between the southeasterly prolongation of the northeasterly line of Block 2 of said Balboa Bayside Tract and the mean high tide line of the • Pacific Ocean in Newport Bay, as described in Court Case Decree No. 23679 of the Superior Court of the State of California, in and for Orange County, is herein referred to and designated as Adams and Street, and the name thereof is hereby declared to be /established as Adams Street and so referred to. For all purposes of this proceeding that certain public street in the City of Newport Beach lying between the northeasterly prolongation of the southeasterly line of Bay View Avenue, as said Bay .View Avenue is laid out and shown upon a map of the Balboa Bayside Tract, recorded in Book 4j page 78, ?Miscellaneous Maps, "records of Orange County, California, and the northeasterly pro - longation of the northwesterly line of said Bay View Avenue, and between the northwesterly prolongation of the northeasterly line of Block 2 of said Balboa Bayside Tract, and the mean high tide line of the Pacific Ocean in Newport Bay, as described in Court Case Decree No. 23679 of the Superior Court of the State of California, in and for Orange County, is herein referred to and designated as Bay View Avenue, and the name thereof is hereby declared to be and established as Bay Viers Avenue and so referred to. GRADES The grades to which the said work and improvement is to be done is that shown on the plans, profiles and Cross - sections herein referred to and reference is hereby made to said plans, profiles, and cross - sections for a description of the grade to which the said work is to be done and improvements made. PLANS, PROFILES, CROSS- SECTIONS ANn SPECIFICATIONS. SECTION 2. All of the said work and improvement to be done shall be constructed upon the grades, along the lines, between the points, of the dimensions, at the places, and in the manner shorn on the plans, profiles and cross - sections for the improvement of Bay Avenue and certain other streets, being Plan No. 391, Sheets 1) to -5- P ni 9 inclusive, and Standard N1anjk Ho: 1047, on file in the office of the City Engineer of said City and shall be FPAstruct ed of the said City, and reference is hereby made to the said plans, profiles, cross - sections and specifications for a further, full and more particular description of the said work, and by refer- ence thereto the same are incorporated herein and made a part hereof. DESCRIPTIOU OF ,ASSESSPIT,~NT DISTRICT. SECTIM7 3, That the said contemplated work and improvement, in the opinion of the said City Council, is of more than local or ordinary public benefit, and said City Council hereby makes the expenses of the said cork and improvement chargeable upon a district, which said district said City Council hereby declares to be the district benefitted by the said work and improvement and to be assessed to pay the costs and expenses thereof, and which district is bounded and described as follows: Beginning at the southeasterly corner of Lot 26, Block 7 of East Vewport, as shown upon a map recorded in Book 3, page 37 of Hisoellaneous Pups, records of Orange County, California; running thence northerly in a direct line to the northeasterly corner of Lot 6, said Block 7 of East UeTmort; thence northerly in a direct line to the southeasterly corner of Lot 4, Tract $S4, as shown upon a map recorded in Book 30, page 11 of Miscellaneous Maps, records of Orange County, California; thence northerly along the easterly line of said Lot 4 to the northeasterly corner of said Lot 4; thence westerly along the northerly line of Lots 4 to • the materials and in the manner shown in, and in accordance with • the specifications heretofore approved by the City Council of the said City, and reference is hereby made to the said plans, profiles, cross - sections and specifications for a further, full and more particular description of the said work, and by refer- ence thereto the same are incorporated herein and made a part hereof. DESCRIPTIOU OF ,ASSESSPIT,~NT DISTRICT. SECTIM7 3, That the said contemplated work and improvement, in the opinion of the said City Council, is of more than local or ordinary public benefit, and said City Council hereby makes the expenses of the said cork and improvement chargeable upon a district, which said district said City Council hereby declares to be the district benefitted by the said work and improvement and to be assessed to pay the costs and expenses thereof, and which district is bounded and described as follows: Beginning at the southeasterly corner of Lot 26, Block 7 of East Vewport, as shown upon a map recorded in Book 3, page 37 of Hisoellaneous Pups, records of Orange County, California; running thence northerly in a direct line to the northeasterly corner of Lot 6, said Block 7 of East UeTmort; thence northerly in a direct line to the southeasterly corner of Lot 4, Tract $S4, as shown upon a map recorded in Book 30, page 11 of Miscellaneous Maps, records of Orange County, California; thence northerly along the easterly line of said Lot 4 to the northeasterly corner of said Lot 4; thence westerly along the northerly line of Lots 4 to • 13 inclusive of said Tract !To. 884 and the westerly prolongation of said line to an intersection with the center line of 9th Street; r thence northerly along the center line of 9th Street to an intersection with the mean high tide line of the pacific Ocean in Neuport.Bay, as described in Court Case Decree No. 24091 of • the Superior Court of the State of California, in and for Orange County; thence easterly and northeasterly along the said mean high tide line as described in Court Oases Uos. 24091 and 24090 of the Superior Court of the State of California, in and for Orange County, to an intersection with the westerly prolongation of the northerly line of Ndgerater Avenue; thence easterly in a direct line to the most westerly corner of Lot 88 of subdivision of Block C of the Newport Bay Tract, as shorm upon a map recorded in.Book 5, page 25 of Liscellaneous Daps, records of Orange County, California; thence south 60 003' east along the northerly lines of Lots 87 and SS of said subdivision of Block C and the southeasterly prolongation thereof a distance of 273.63 feet; thence south 51020'13" east to an intersection with the northerly prolongation of the center line of Adams Street, which point of intersection is 260.5 feet northeasterly from the intersection of the center line of Adams Street with the center line of Bay Avenue; thence South 51020'13" east to an intersection with the north- easterly prolongation of the southeasterly line of Lot 3, Block 3 of Balboa Bayside Tract, as shorn upon a map recorded in Book 4, page 73 of Miscellaneous Mlaps, records of Orange County, California; said thence southwesterly along the /northeasterly prolongation &..along said southeasterly line of said Lot 3 of last mentioned Block 3 to the most southerly corner of Lot 3 of last mentioned Block 3; thence westerly in a direct line to the most easterly corner of Lot 9 of last mentioned Block 3; thence southwesterly along the south- .• easterly line of last mentioned Lot 9 to the most southerly corner of last mentioned Lot 9; thence southwesterly in a direct line to the most easterly corner of Lot 3, Block 5, Balboa Tract, as shown upon a map recorded in Book 4, page ll'of 11iscellaneous naps, records of said County; thence southwesterly along the south- -7- easterly line of last mentioned Lot 3 to the most southerly corner of last mentioned Lot 3; thence southerly in a direct line to the most easterly corner of Lot B of last mentioned Block 5; thence southwesterly along the southeasterly line of last mentioned Lot 8 to the most southerly corner of Lot 11 of the last mentioned Block 5; thence northwesterly along the southwesterly line of the last mentioned Lot 11 to the most westerly corner of the last mentioned Lot 11; thence northwester- ly in a direct line to the most easterly corner of Lot 16 of Block 3 of the said Balboa Tract; thence northwesterly along the northeasterly line of Lots 9 to 16 inclusive of the last mentioned Block 3 to the most northerly corner of Lot 9 of the last mentioned Block 3; thence southwesterly in a direct line to the most southerly corner of Lot 6 of Block 1 of said Balboa Tract; thence northwesterly along the southwesterly line of the lest mentioned Lot 6 to the southwesterly cornet of last mentioned to the Lot 6; thence northwesterly in a direct line /northeasterly corner of Lot 9 of Block 3, Newport Bay Tract, as shorn upon a map recorded in Book 4, page 16, Kiscellaneous Maps, records of said County; thence westerly in a direct line to the north - westerly corner of Lot 1 of Block 4 of said Newport Bay Tract; thence southerly in a direct line to the southwesterly corner of Lot 20 of Block 1 of said Vewport Bay Tract; thence easterly in a direct line to the southeasterly corner of Lot 10 of Block 2 of.said Newport Bay Tract; thence southeasterly in a direct line to the southwesterly corner of Lot 1 of Block 4 of said Balboa Tract; thence southeasterly in a direct line to the northeasterly corner of Lot 12, Block 6 of said Balboa Tract; thence south- westerly along the southeasterly line of the last mentioned Lot 12 and the southwesterly prolongation thereof to an intersection with the southerly line of Surf Avenue; thence westerly along the southerly line of Surf Avenue to the northwesterly corner of Lot "A" of said Balboa Tract; thence northerly along the easterly -8- line of Lot "B" of said Herport Bay Tract to the northeasterly corner of last mentioned Lot "B "; thence rlesterly alone the southerly line of Surf Avenue to an intersection with the southerly prolongation of the easterly line of Lot 26 of Block 7 of East Newport, as shown upon a map recorded in Book 3, page 37 of Hiseellaneous traps, records of said County; thence northerly along the last mentioned southerly prolongation to the point of beginning. A plat of said district indicating by a boundary line the extent of the territory included within the proposed assessment district, numbered 392, approved by the City Council on the C day of 1931, is on file in the office of the City Engineer of the said City. Reference is hereby made to the said plat, so on file, for a further, full and more complete description of the said assessment district, and the said plat so on file as aforesaid, shall govern for all details as to the extent of the said assessment district. DESCRIPTIOI3 OF BONDS. SECTION 4. That serial bonds bearing interest at the rate of seven per cent M) per annum shall be issued to represent each assessment of Twenty -five and no /100 (()25.00) Dollars,or more remaining unpaid for thirty (30) days after the date of the warrant. Said serial bonds shall extend over a period ending nine (9) years from the.seoond day of January next succeeding the fifteenth day of the next November following their date. Payments on the prin- cipal of unpaid assessments and interest shall be made by prop- erty owners to the City Treasurer, and the same shall be disbursed by him, all as provided in the "Improvement Act of 1911 ", here- inafter referred to. TI112 AND PLACE Or HEARING SECTION 5. NOTICE IS HEREBY GIVEN that on the �f7 day of 1931, at the hour of seven- thirty (7 :30) o'clock P. M., in the -9- Council Chamber of the City Council of the City of Newport Beach, any and all persons having any objections to the proposed work or improvement, or to the extent of the assessment district, • or to the proposed grades, may appear and shorn cause why said work should not be done or carried out in accordance with this Resolution of Intention: Protests must be in writing and must be delivered to the City Clerk prior to the time set for the hearing. LICKISE AGREELITIT. SECTION 6. Reference is hereby made to the license agreement of the Marbelite Corporation of America for'cement concrete Harbelite Standards No. B- 160 -B and Ido. 5- 134 -B, equipped with Neolite No. 814 lighting unit, dated Llarch 23rd, 1931, said license agree- ment being on file in the office of the City Clerk of the City of Newport Beach. PUBLIC?ITION OF RESOLUTION OF INTENTION. SECTION 7. The Newport News, a weekly newspaper published and circulated and of general circulation in the City of Newport Beach, California, is hereby designated as the newspaper in which this Resolution of Intention shall be published by the City Clerk, in the manner and form provided by law, and for making all other publications in the proceeding; under this Resolution of Intention. The City Council does Rod deems it advisable that the Clerk mail CD. 4i _eplee n° tke Notice of.Improvement to the owners or reputed owners, and he is x-@* required to mail the same. TOZT IIG OF NOTICE OF IMPROVEMENT. SECTION sue. The Street Superintendent of the City of Newport Beach, shall cause to be conspicuously posted along the line of • said contemplated work or improvement and along all open streets within the district liable to be assessed for said work, notices of the passage of this Resolution of Intention in the time, form and manner provided by law. -10- H - R SECTION 9 ILIPROVEWIT ACT. That all of the pork herein proposed shall be done and carried through in pursuance of an Act of the Legislature of the State of California, designated as "The Improvement Act of 1911 ", approved April 7th, 1911, and all acts amendatory thereto. PASSED AND ADOPTED by the City Council of the City of Newport Beach, California, at it meeting thereof T held this 6 day of / 19310 by the following vote, to -Vit: AYES: Councilmen /11/"l ° ���4'r WE$ : Councilmen ABSENT; Councilmen h rs Ma or of the City f Newport Beach, Califon a. I HEREBY CERTIFY that the above and foregoing Resolution of Intention was passed and adopted by the City Council of the City of Newport Beach, California, at the time and by the vote above stated. ,^_ C , City Clerk bf the City of ISewport Beach, California. -11-