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HomeMy WebLinkAbout558 - Channel Place & Other Improvementsqq , RESOLUTION OF INTENTION NO. 559 • • RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, DECLARING ITS INTENTION TO ORDER THE IMPROVEMENT OF CHANNEL PLACE AND CERTAIN OTHER STREETS, ALLEYS, PUBLIC WATERWAYS AND HIGHWAYS; DE- OLARING THE WORK TO BE OF MORE THAN LOCAL OR ORDINARY PUBLIC BENEFIT AND DESCRIBING THE DISTRICT TO BE BENE- FITEB By SAID WORK AND TO PAY THE COSTS AND EXPENSES THEREOF; AND DETERMINING THAT BONDS SHALL BE ISSUED TO REPRESENT UNPAID ASSESSMENTS FOR THE.COSTS AND EX- PENSES AND FIXING A TIME AND PLACE FOR HEARING OBJECT- IONS TO SAID WORK. The City Council of the City of Newport Beach, Calif- ornia, pursuant to.the provisions of the "Improvement Acct of 19110, and amendments to the said Act, does resolve as follows: DESCRIPTION OF WORK SECTION 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: The grading and filling, from property line to property line, of the following streets and alleys: CHANNEL PLACE, between the northwesterly line of The Rialto and the westerly prolongation of the northerly line of Block 441 of Canal Section, as per map thereof recorded in Mis- cellaneous Maps, Book 4, page 99, Records of Orange County; Also MARCUS AVENUE, between the northwesterly line of The Rialto and the southerly line of Channel Place; Also FINLEY AVENUE, between the northwesterly line of The Rialto and the southerly line of Channel Place; •� Also THIRTY - EIGHTH STREET, between the northeasterly line of The Rivo Alto and the westerly prolongation of the north- erly line of Block 637 of said Canal Section; Also THIRTY -NINTH STREET, between the northeasterly line of The Rivo Alto and the westerly prolongation of the northerly line of Block 639 of said Canal Section; 1 10 • Also FORTIETH STREET, between the northeasterly line of The Rivo Alto and the westerly prolongation of the northerly line of Block 539 of said Canal Section; Also the first ALLEY lying northwesterly of Thirty- eighth Street, between the northeasterly line of Marcus Avenue and the southerly line of Channel Place; Also the first ALLEY lying northwesterly of Thirty -ninth Street, between the northeasterly line of Marcus Avenue and the southerly line of Channel Place. Also the excavation and improving of the following pub- lio waterways and highways: THE RIVO ALTO, between the westerly prolongation of the northerly line of said Block 441 of Canal Section and the south- westerly prolongation of the northwesterly line of The Rialto, and between the southeasterly line of The Rialto and the southeasterly terminus of the said The Rivo Alto; Also THE RIALTO, between the northeasterly line of Lake Avenue and the easterly prolongation of the northerly line of said Block 637 of said Canal Section; Also that certain easement for public waterway and high- way purposes, lying northerly of and adjacent to the northerly line of said Canal Section, between the northerly prolongation of the southwesterly line of The Rivo Alto and the westerly line of the right of way of the Southern Pacific Railroad Company lying easterly of and adjacent to said Canal Section. The said excavations and improvement of the aforesaid public waterways and for the promotion or the protection of lay ouring access to the State of California, for the extension of highways is deemed necessary and convenient accommodation of commerce and navigation and id within said City, and for aiding and as- waters of Newport Bay to the people of the in the exercise of their rights to fish,and public streets or places. 2 Also the construction of a bridge, consisting of wood piles and wood superstructure, across The Rivo Alto along • the southwesterly extension of Thirty - eighth Street. Wherever in the description hereinabove given any duplication is made of area to be graded, filled or excavated, such duplication is to be disregarddd. The said work shall be done to a grade differing from that of the existing surface of the streets, alleys, public waterways and highways as they now exist. The grade to which said work shall be done or improvement made as hereinabove described, shall be that shown on the plans and profiles there- for, and reference is hereby made to the said plans and profiles for the description of the grade at which the said work is to be done. PLANS,* PROFILES, CROSS - SECTIONS AND SPECIFICATIONS. SECTION 2. All of the said work and improvement to be done, shall be constructed upon the grades, along the lines,be- tween the points, of the dimensions, at the places and in the manner shown on the plans, profiles and ores- seotions for the improvement of Channel Place and certain other streets, alleys, public waterways and highways, being Plan No. 366, sheets 1 to 11, inclusive, on file in the office of the City Engineer of the said City, and shall be constructed of the materials and in the manner shown in and in accordance with the specifications hereto- fore approved by the City Council of the said City, and reference is hereby made to the said plans, profiles, oross- sections and specifications for the full and detailed description of the said work, and by reference thereto the same are incorporated herein and made a part hereof. 3 • DESCRIPTION OF ASSESSMENT DISTRICT SECTION 3. That the said contemplated work and im- provement, 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 charge- able upon a district, which said district said City Council hereby declares to be the district benefited by the said work and improve- ment and to be assessed to pay the costs and expenses thereof, and which district is bounded and described as follows: Beginning at the most westerly corner of Lot 7, Block 45 of River Section, as shown upon a map recorded in Miscellaneous Maps, Book 4, page 25, Records of Orange County, California; running thence northeasterly along the southeasterly line and the northeasterly prolongation of the southeasterly line of 46th Street to an intersection with the mean high tide line of the Pacific Ocean in Newport Bay, designated as the "North Line" by Court Case Decree No. 23656 of the Superior Court of the State of California, in and for orange County; thence east- erly along the said mean high tide line to an intersection with the westerly line of that certain 100 -foot right of way of the Southern Pacific Railroad Company connecting Newport Beach with Santa Ana; thence southerly along the said westerly line of the Southern Pacific Railroad Company's right of way to the most northerly corner of Lot 13, Block 231, of Lake Tract, as shown upon a map recorded in Miscellaneous Maps, Book 4, page 13, Records of Orange County, California; thence southerly along 4F the easterly line of Lots 13 and 12 of said Block 231 to the most easterly corner of said Lot 12; thence southerly in a direct line to the most easterly corner of Lot 4, Block 130, of said Lake Tract; thence southwesterly in a direct line to the most easterly corner of Lot 5, Block 30, as shown upon a map Ln T � N of Newport Beach, as recorded in Miscellaneous Maps, Book 3, page 26, records of Orange County, California; thence southwesterly along the southeasterly line of said Lot 5, to the most southerly corner of said Lot 5; thence north- westerly along the southwesterly lines of and the prolonga- tions thereof of blooks 30, 31, 32, 33, 34, 35, 36 and 37 of Newport Beach, as shown upon a map recorded in Miscellaneous Maps, Book 3, page 26, records of Orange County, California, and of Blocks 39, 39, 40, 41, 42, 43, 44 and 45 of the 3rd Addition to Newport Beach, as shown upon a map recorded in Miscellaneous Maps, Book 3, page 31, Records of Orange County, California, to the most westerly corner of said Block 45; thence northeasterly in a Airect line to the point of begin- ning, excepting from said district all public highways in- oluded therein. A plat of said district indicating by a boundary line the extent of the territory included Within the proposed assessment district, numbered 367, approved by the City Council on the 16th day of December, 1929, 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 oom- plete 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. DESCRIPTION OF BONDS SECTION 4. That serial bonds bearing interest at the rate of seven per cent (7%) per annum shall be issued to repre- sent each assessment of Twenty -five and No /100 Dollars ($25.00) or more remaining unpaid for thirty (30) days after the date of the warrant. Said serial bonds shall extend over a period end- ing nine (9) years from the second day of January next sytooeed- 5 • ing 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 19110, hereinafter referred to. TIME AND PLACE OF HEARING SECTION 5. NOTICE IS HEREBY GIVEN that on the day of January, 1930, 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 SECTION 6, Newport Newe, 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 Clerks 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 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 IMPROVEMENT SECTION 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 ff 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. IMPROVEMENT ACT SECTION B. That all of the work heron proposed shall be done and carried through in pursuance of an Act of the Legis- lature of the State of California, designated the "Improvement Act of 191111, approved April 7th, 1911, and all acts amendatory thereof. Passed and adopted by the City Council of the City of Newport Beach, California, at a regular Adjourned meeting thereof held this 16th day of December , 19?9, by the following vote, to-wit: AYES: COUNCILMEN Hilmer, Claire, Ellsworth Williamson, Johnson NOES: COUNCILMEN None ABSENT: COUNCILMEN None Marcus J. Johnson Mayor of e City of Newpor Beach, California. I HEREBY CERTIFY that the above and foregoing Resalu- tion 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. Alfred Smith City Clerk of the City of SEAL Newport Beach, California. 7