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HomeMy WebLinkAbout654 - Bay Avenue & Other Improvements - Tract 884RESOLUTIOII OF IN T iWTION NO. 6s¢ • A RESOLUTIOII OF THE CITY COUNCIL OF THE ,CITY OF I4EWPORT BEACH, CALIFORNIA, DECLARI14G FITS INTENTION TO OM)E'R THE I ?RO'VEMENT OF B�IY AVENUE, 9TH STREET AND CILMAIN ALLEYS IS TRACT NO. 894, AS PER MAP RECORDED IN BOOK 30, PAGE .11, RECORD3 OF ORANGE COUNTY ,;.CALIF- ORNIA; DECLARING THE rTORK TO nE OF hoRE' THAN LOCAL OR ORDINARY PUBLIC BENEFIT AND DES,ORIB- ING THE DISTRICT TO BE BMIEFITTED BY SAIb WORK AND TO PAY THE COSTS AND EXPE3ISES T OF; AND D .T1�i1�iI MIG THAT BOLDS SHALL BE I SUED TO REPRESI,;NT UNPAID ASSESSr,1ENTS FOR` THE CSTS AND KvPENSi3S, AND FIXING A TInIE AND PLACE FOR HEARING OBJECTIONS TO THE SAID WORK. asaroo The City Council a the City of Ne::port Be ^ch, California, pursuant to the provisions of the "Improvement Act of 1911" and amendments to the said act, does resolve as follows; DESCRIPTION OF WORK. SEC.1. That the public interest and convenience require, and that it is the intention of the City Council of the City of Newport Reach, California, to or er the folloring work to be done, to -wit: That BAY AVENUE between the northerly prolongation of the easterly line of 8th Street and the easterly line of 9th Street be improved by certain grading, by.the construction of certain cement concrete curb, cement concrete sider;alk, cement concrete pavement, £ied clay pipe sanitary sewer, vitriffied clay pipe house connectii sewers, brick manhole, cement concrete flush tank, cast iron pipe crater mains, gate valve, valve box and cover, fittings and appur- tenances; That 9TH STREET v between a line 10 feet southerly of and parallel to the northerly line of Central Avenue and the northerly line and its northwesterly prolongation thereof of Tract 994, recorded in Book 30, page 11 of Mecellaneous Maps, records of Orange County, California. be improved -1- S k3eAY by certain grading, by the removal of certain cement concrete curb and sidewalk, by the construction of certain cement concrete curb, cement concrete sidewalk, cement concrete pavement, vitrified clay pipe sanitary sewer, brick manhole, and cast iron pipe water mains, fittings and appurtenances, and certain cement concrete retaining wall; That ALLEY as shown upon a map of Tract No. 584, recorded in Book 30, page 11 of Miscellaneous Maps, records of Orange County, Calif- ornia, lying between the southerly line of Bay Avenue and the easterly line of 9th Street be improved by certain grading, by the construction of certain disintegrated granite road- way, cast iron pipe water main, gate valve, concrete valve chamber and cover, fittings and appurtenances; That ALLEY as shown.upon said map of Tract S84, westerly of and adjacent to Lots 1, 2, 3 and 14 of said Tract No. 894, be improved by certain grading, and by the construction of certain disintegrated granite roadway. [e3`;ti"a�1 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 torhich the said work is to be done and imarove- ments made. PLANS, eROFILES, CROSS- SECTIONS AND SPECIFICATIONS. SEC. 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 shown on the plans, profiles and cross - sections for the improvement of Bay Avenue, 9th Street, and certdn alleys in Tract No. 884, being Plan No. 389, Sheets I to 3 inclusive -2- profiles, cross - sections and specifications for a further, full and more particular description of the said work, and by reference thereto the same are.incorporated herein and made a part hereof. DESCRIPTION Or AS37SSISENT DISTRICT. SEC. 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 work 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 :3 thereof, and which district is bounded and described as follows: Beginning at the 4nost westerly corner of Lot 3 of Block 109 as shown upon a map c1f Section B, Newport Beach, recorded in Book 4, page 27 of Hisoellaneous Maps, records of Orange County, Cal-ufornia; running thence northerly along the westerly line of said lot 3 and its northerly prolongation a distande of 110 a lin¢ parallel to feet; thence westerly along /the northerly line of Lots 4 and 5 of said Block 109 to an-intersection with.the northerly prolong- ation of the westerly line of Lot 5 of/ said Block 109; thence northerly along the northerly prolong- ation of the westerly line of Lot 5 of said Block 109 to an intersection with the mean high tide line of the Pacific Ocean in Newport Bay, as described in Court Case Decree No. 24009 e4ffj3 of the Superior Court of the State of Calif- -3- and Standard Plans No. 1003, 1005, 1010, 1012, 1013, 1025, 1027, 1035 and 1049, on file in the office of the City Eng- inter of said City and shall be constructed of 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 reference thereto the same are.incorporated herein and made a part hereof. DESCRIPTION Or AS37SSISENT DISTRICT. SEC. 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 work 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 :3 thereof, and which district is bounded and described as follows: Beginning at the 4nost westerly corner of Lot 3 of Block 109 as shown upon a map c1f Section B, Newport Beach, recorded in Book 4, page 27 of Hisoellaneous Maps, records of Orange County, Cal-ufornia; running thence northerly along the westerly line of said lot 3 and its northerly prolongation a distande of 110 a lin¢ parallel to feet; thence westerly along /the northerly line of Lots 4 and 5 of said Block 109 to an-intersection with.the northerly prolong- ation of the westerly line of Lot 5 of/ said Block 109; thence northerly along the northerly prolong- ation of the westerly line of Lot 5 of said Block 109 to an intersection with the mean high tide line of the Pacific Ocean in Newport Bay, as described in Court Case Decree No. 24009 e4ffj3 of the Superior Court of the State of Calif- -3- ornia, in and fox Orange County; thence easterly along the said e n e high h tid lie to the +f corner of Tract No. . 4 mn-n�r -n n�wie' ..l • ffiS4, as shown upon a map recorded in Book 30, page 11, of Mis- • pellaneous Maps, records of Orange County, California; thence easterly along the northerly line of said Tract No. 894, and its easterly prolongation to a point, which point is 30.17 feet easterly from the northeast corner of said Tract No. 8E4; thence southerly along a line parallel with the easterly line of Lot 37 of said Tract Wo. 894 to a point in the northerly line of Bay Avenue, which point is 30 feet easterly of, measured along the northerly line of said Bay Avenue from the most westerly corner of Lot 170, Subdivision of Block A, Fast New- port, as shown upon a map recorded.in Book 4, page 51 of Mis- cellanieous Maps, records of Orenge County, California; thence southwesterly in a direct line to the mest of Lot 3 of said Tract 11o. 884; thence westerly in a direct line to a point in the southerly prolongation of the westerly line of 9th Street, which point is twenty -five (25) feet southerly of the northerly line of Central Avenue; thence northwesterly in a direct line to the point of beginning, all in the City of Newport Beach, Orange County, California, excepting from said district all public highways included there- in. A plat of said district indicating by a bound::ry line the extent of the territory included within the proposed assessment district, numbered 390, approved by the City Council on the day of YWIMC434 1931, is on file in the office of the City Engineer said *plat, so description o so on file as extent of the of the said City. reference is hereby made to the on file, for a further, full and more complete _ f the said assessment district, and the said plat, a�oresaid, shall govern for all details as to the said assessment .district. -4- • • DESCP.IPTION OF BONDS. SEC. 4. That serial bonds bearing interest at the rate of seven per cent (7%) 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 second day of January next succeeding the fifteenth day of the next November following their date. Payments on the principal of unpaid assessments and interest shall be made by property owners to the City Treasurer, and the same shall be disbursed by him, all as provided in the "Improvement Act of 191111, hereinafter referred to. TIPS AND PLACE OI HEARIIIG. SEC. 5, NOTICE IS HEREBY GIVEN that on the.26� ay of 1931, at the hour of seven thirty (7:30) o'clock P. M., in the 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 show 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. PUBLICATION OF RESOLUTION OF INTENTION. SEC. 6. The Newport News, a reekly newspaper published and circulated and of general circulation in the City of Iiewport 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 -5- T Resolution of Intention. The City Council does not deem it advisable that the Clerk mail copies of the Notice of Improvement • to the owners or reputed owners, and he is not required to mail the same. POSTING OF NOTICE OF IMIROVb.:,1ENT. SEC. 7. 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 pa9sage of this Resolution of Intention in the time, fora and manner provided by lair. IMPROV'ELM1I1T ACT. SEC. 8. That all of the work herein proposed Ei1all be done and cariied through in pursuance of an Act of the Legis- lature of the State of California, designated as "The Improve- ment Act of 191111, approved April 7th, 1911, and all acts amendatory thereto. PASSED AND ADOPTr,D by the City Council of the City of Newport Beach, California, at a regular adjourned meeting there- of held this c2 day of �, 1931, by the following voter to -wit: AYES: COUNCILTIWIX -, S, Xr � ITOES: COU1!CIL -1d ABSENT: .0> d--.;, I HXnEBY CERTIFY that the above and foregoinrgT Resolution of Intention was passed and. adopted by the City Council of the City of IFpbrt- ,Bach, California, at the time and by the vote above;" stated.- =6,6F� ems. Cit�Clerk of the City of ITei:nort -- ' S>L} -6- Beach, Calif.