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CC RES 1994-099R4CORDINO REQUES y -City of Rancho Palos Verdes AND WHEN RECORDED MAIL TO City Clerk 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90274 �X F 0 95— 212953- RECORDED/FILED IN OFFICIAL RECtiR RECORDER'S OFFICE LOS ANGELES COUNTY CALIFORNIA 4 MIN. 8 A.M.FEB - 8 199 PASS' RESOLUTION NO. 94 -99 A RESOLUTION OF THE CITY.COUNCIL OF THE CITY F R E E R OF RANCHO PALOS VERDES ABANDONING PROCEEDINGS IN CONNECTION WITH RANCHO PALOS VERDES IMPROVEMENT DISTRICT NO. 5A, DALADIER DRIVE ET AL, RESCINDING RESOLUTION NO. 89 -31, AND AUTHORIZING THE REFUND OF ASSESSMENTS THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES HEREBY FINDS, DETERMINES, RESOLVES AND ORDERS AS FOLLOWS: Section 1. The City Council by its Resolution No. 89- 31 ordered certain improvements to be made within an assessment district designated as "Rancho Palos Verdes Improvement District No . 5A, D.aladier Drive et al.." (the "District" ) and confirmed an assessment for the cost of such improvements pursuant to the Municipal Improvement Act of 1913, Division 12 of the California Streets and Highways Code. Section 2. Litigation challenging formation of the District was.filed shortly after adoption of Resolution No, 89- 31. While unsuccessful, the litigation delayed the construction of the improvements for several years. During that period, the estimated costs of the improvements increased considerably. Because of the delay and the increase in estimated costs, a supplemental assessment and changes in connection with the assessment proceedings were considered by the City Council. Section 3. At the conclusion of the public hearing held in connection with the levy of a supplemental assessment and proposed changes in connection with the assessment proceedings, p written protests against the District had been filed and not withdrawn by the owners of approximately 61 percent of the area of the land to be assessed for the improvements. The City Council hereby determines not to overrule the majority protest against the District. Section 4. All proceedings in connection with the Rancho Palos Verdes Improvement District No.. 5A, Daladier Drive et al. are hereby abandoned. 941213 R6876 -00603 rdw 110101.7 0 d Section 5. Resolution No. 89 -31 is hereby rescinded. Section 6. The City Clerk is hereby directed to cause a certified copy of this resolution to be recorded in the office of the County Recorder of the County of Los Angeles as provided by California Streets and Highways Code Section 3117. Section 7. Staff is directed to refund cash payments made in connection with the District during the cash payment period ending on May 22, 1989, to those persons who made such payments, p.lus.interest earned on such cash.payments. PASSED, APPROVED and ADOPTED this 20th day of December, 1994. /S/ LEE B. BYRD Mayor ATTEST: /S/ JO PURCELL City Clerk State of California County of Los Angeles ) ss City of Rancho Palos Verdes I, JO PURCELL, City Clerk of the City of .Rancho Palos Verdes, hereby certify that the above Resolution No. 94 -99 was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on December 20, 1994. Resolution No. 88 -69, declaring the City Council's intention to order improvements for proposed Rancho Palos Verdes Improvement District No. 5A, Daladier Drive et al., pursuant to the Municipal Improvement Act of 1913, was adopted by the City Council on November 15, 1988. The Map of Rancho Palos Verdes Improvement District No. 5A, (Recorded Document No. 89- 621996) and the Notice of Assessment (Recorded Document No. 89- 621997) Daladier. Drive et al., were both filed with the County Recorder of the County of Los Angeles on April 20, 19890 City C��rk City ojfj Rancho Palos Verdes RESOL. NO. 94 -99 941213 R6876 -00603 rdw 1101017 0 - 2 95 212953