CC RES 1980-029 RESOLUTION NO. 80-29
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
PALOS VERDES RE: RANCHO PALOS VERDES IMPROVEMENT
DISTRICT NO. 3 FOR THE ACQUISITION OF NECESSARY RIGHTS
OF WAY AND THE CONSTRUCTION OF UTILITY CONVERSION
PROJECT IN BERRYHILL DRIVE AND OTHER RIGHTS OF WAY;
RESOLUTION OF INTENTION
WHEREAS, the City Council of the City of Rancho Palos Verdes
did on August 1 , 1978 adopt a resolution instituting proceedings
and acknowledging a waiver of Debt Limit Investigation Proceedings
as provided in Section 2804 (3) , Division 4, Streets and Highways
Code of the State of California and that proceedings be commenced
and conducted under and in accordance with provisions of the
Municipal Improvement Act of 1911 for the acquisition of necessary
rights of way and the construction of the utility conversion project
under City Improvement No. 3; and
WHEREAS, the Council has found and determined by resolution
that the public interest and convenience requires the construction
of the utility conversion project in Berryhill Drive and other
rights of way.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES RESOLVES:
SECTION 1
That the public interest and convenience require and that is
the intention of the City Council to order acquisition to be
made, work to be done and improvement made as follows, to wit;
First: The acquisition of rights of way for underground
utility purposes by gift or purchases or eminent domain proceedings
consisting in general of the following:
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PARCEL A • The northeasterly 6 feet of the southwesterly 50 feet
of Lot 15, Tract No. 26012, as shown on map recorded in Book 669,
pages 63 to 67, inclusive, of Maps.
PARCEL B The northwesterly 15 + feet of the southwesterly 100
feet of Lot 24, said above mentioned Tract No. 26G12.
PARCEL C. The northeasterly 6 feet of the southeasterly 146 feet
of Lot 4, Tract No. 26908, as shown on map recorded in Book 684,
pages 57 to 59, inclusive, of Maps.
PARCEL D The northerly 6 feet of the westerly 100 feet of Lot 13,
said above mentioned Tract No. 26908.
PARCEL E The northerly 6 feet and the northwesterly 6 feet
y of Lot
3, Tract No. 23579, as shown on map recorded in Book 684, pages 54
to 56, inclusive, of Maps, together with the northerly 6 feet of the
easterly 35 feet of Lot 4, said Tract No. 23579.
PARCEL F That portion of Lot 5, Tract No. 23580 as shown
on map
recorded in Book 702, pages 53 and 54 of Maps and that portion o
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land described in deed to Charles 0. Good and June Good, recorded
May 8, 1965, as document No. 2844 in Book D-2908, page 713 of Official
Records within a strip of land 10 feet wide the center line of which
is described as follows: Beginning at the southwesterly corner of Lot
4, said Tract No. 23580; thence along the southerly boundary. of of said
Lot 5, in all its various courses, 15.17 feet; thence N I°44 t 00f4W
parallel with the westerly line of said Lot 4 a distance of 112.35
feet to the beginning of a curve concave to the southwest and having
a radius of 30 feet; thence northwesterly along said curve 39.04 feet.
Second: The excavation of trenches, backfilling, resurfacing
and the installation of conduit and underground structures together
with appurtenant work in
-2- .Resolution No. 80-29
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BERRYHILL DRIVE
between the westerly line VIA CAMBRON and the westerly line of VIA
VICTORIA as shown on map of Tract No. 26012, recorded in Book 669,
pages 63 to 67 of Maps; and in
VIA CAMBRON -
between BERRYHILL DRIVE and the northeasterly terminus of said VIA
CAMBRON, as shown on above mentioned Tract No. 26012; and in
VIA COLLADO
between VIA CAMBRON and the easterly terminus of said VIA COLLADO,
as shown on above mentioned Tract No. 26012; and in
VIA LORADO
between the easterly line of PALOS VERDES DRIVE WEST, as shown on
map of Tract No. 26908, recorded in Book 684, pages 57 to 59 of Maps,
and the westerly line of VIA VICTORIA, as shown on map of Tract No.
23579, recorded in Book 684, pages 54 to 56 of Maps; and in
VIA MARIE CELESTE
between VIA LORADO and the easterly terminus of said VIA MARIE CELESTE,
as shown on map of said above mentioned Tract No. 26908; and in
VIA VICTORIA
between the northerly line of RUE GODBOUT, as shown on map of said
above mentioned Tract No. 26012, and the westerly line of VIA RIVERA,
,
- as shown on map of Tract No. 29920, recorded in Book 742, pages 45 to
48 of Maps; and in
RUE GODBOUT
between VIA VICTORIA and the westerly line of VIA RIVERA, as shown
of map of said above mentioned Tract No. 26012; and in
VIA RIBA
extending northerly approximately 60 feet from the northerly line of
RUE GODBOUT, as shown on map of said above mentioned Tract No. 26012
to the westerly prolongation of the southerly line of Lot 93, said
above mentioned Tract No. 29920; and in
-3- Resolution No.- 80-29
VIA BORICA
extending from the northerly terminus of said VIA BORICA to the
southerly terminus of said VIA BORICA, as shown on ma p d of said
above mentioned Tract No. 29920; and in
THE ABOVE DESCRIBED EASEMENTS A THRU F
Third: The relocation or alteration of existing pipeline
utilities, where required to complete the above mentioned work
within the above-described limits.
All of said work shall be performed in the streets and
rights of way and between the limits herein before described
except where the plans indicate that said work shall be omitted.
Exception to the resurfacing of existing surfaces will be
the work to be done on private property outside of underground
utility easements dedicated to the City of Rancho Palos Verdes.
This work will not include the restoration of any landscaping twelve
inches or less in height within a ten foot strip of land lying
five feet on each side of the trench centerline.
--4- Resolution No. 80-29
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THAT 'SUCH WORK OR IMPROVEMENTS, IT IS ESTIMATED, WILL COST
THE TOTAL SUM OF ONE MILLION THIRTEEN THOUSAND EIGHT HUNDRED
THIRTY-NINE DOLLARS ($1 ,013,839.00) IN WHICH IS INCLUDED A PORTION
OF THE COSTS OF THE UNDERGROUND ELECTRIC AND COMMUNICATION FACILITIES
IN ACCORDANCE WITH THE HEREINAFTER REFERRED TO AGREEMENTS BETWEEN
THE CITY OF RANCHO PALOS VERDES AND THE SOUTHERN CALIFORNIA EDISON
COMPANY AND THE GENERAL TELEPHONE COMPANY OF CALIFORNIA. ALSO
INCLUDED IS THE ESTIMATED COST OF ACQUISITION AND INCIDENTALS THERETO
IN THE AMOUNT OF $1 ,200.00.
THAT THE ESTIMATED COST OF DOING WORK ON PRIVATE PROPERTY IS
INCLUDED IN THIS AMOUNT OF MONEY. THE COST OF THIS WORK ON PRIVATE
PROPERTY MAY BE INCLUDED IN THE INDIVIDUAL'S FINAL ASSESSMENT, IF
THE OWNER OF SAID PRIVATE PROPERTY FILES A WRITTEN REQUEST FOR
SAID WORK WITH THE CITY CLERK.
SECTION 2
That all the work and improvements aforesaid shall be done
and performed as shown on and in accordance with the plans and
specifications therefore, filed in the office of the City Council.
Reference is hereby made to said plans and specifications for a
full and detailed description of said proposed work or improvement,
and said plans and specifications shall govern for all details of the
proposed work or improvement.
SECTION 3
That the Council hereby makes the expense of the acquisition,
work or improvement chargeable upon a district, which district the
Council hereby declares to be the district benefited by the acquisi-
tion work or improvement and to be assessed to pay the costs and
expense thereof.
-5- Resolution No. 80-29
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A map of the district, indicating by a boundary line the
extent of the territory included in the proposed district,
- approved by the Council and endorsed with the certificate of the
Clerk of the Council, is on file in the above mentioned office
of the Council. Reference is hereby made to the map for a full
and complete description of the assessment district and the map
shall govern for all details as to the extent of the assessment
district.
SECTION 4.
That serial bonds shall be issued in accordance with Division
7, Streets and Highways Code, to represent each assessment of
fifty dollars ($50.00) or more remaining un p aid for thirty (3a)
days after the date of the recording of the warrant. The serial
bonds shall extend over a period ending nine (9) years from the
second day of January next succeeding the next September 1st
following their date, and shall bear interest at the rate of
eight (8) percent per annum on all sums unpaid, until the wh
• P e ole
of the principal and interest is paid. The redemption provisions
of said bonds shall provide a premium of 5 percent of unmatured
principal.
The principal sum shall become due and payable to the Treasurer
in equal annual payments on each October 15th succeeding the September
tem
g p ber
1st following their date until fully paid.
The first interest payment shall be payable to the Treasurer
on April 15th next succeeding the March 1st or the October 1 5th
next succeeding the September 1st, as the case may be, next following
the date of the bonds. The following interest payments shall each be
for six months interest and shall be payable to the Treasurer on each
fifteenth day of April and October, the last interest payment coming
due on the October 15th immediately preceding the last annual payment
of the principal of the bonds issued to represent the unpaid assessment.
-6- Resolution No. 80-29
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SECTION 5.
That if the actual cost of the acquisition as finally determined
is less than the amount included in the assessment as the cost of such
acquisition, such excess shall be refunded or credited in proportion
to the amount of the assessments that were levied for such acquisition
cost as follows:
Where the assessment and all installments thereof and all
interest and penalities due thereon have been paid, such refund
shall be returned in cash to the person who paid the corresponding
assessment or installment, upon his furnishing satisfactory evidence
of such payment.
Where the assessment or any installment thereof is unpaid,
the credit shall be applied upon such assessment or upon the
earliest unpaid installment or principal and interest.
SECTION 6.
That the proceedings for the aforesaid work or improvement
shall be under and in accordance with Division 7, Streets and High-
ways Code.
The streets hereinbefore referred to are public streets and are
located in the City of Rancho Palos Verdes.
SECTION 8.
That it is the opinion of the Council that the public interest
will not be served by allowing the property owners to take the contract
for the work to be done under these proceedings.
-7- Resolution No. 80-29
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SECTION 9.
That it is hereby determined that because damages would be
very difficult to ascertain, in the event the contractor does
not complete the work within the time limit specified in the
contract or within such further time as this Council shall have
authorized, the contractor shall pay the City of Rancho Palos
Verdes liquidated damages. The liquidated damages for this
improvement are fixed in the amount of fifty dollars ($50.00)
per day. Money received by the City of Rancho Palos Verdes on
account of such liquidated damages shall be disbursed as provided
in Section 5254.5 of the Streets and Highways Code.
SECTION 10.
That the City of Rancho Palos Verdes intends to enter into
agreements for the conversion of overhead electric and communication
facilities with the Southern California Edison Company, the General.
Telephone Company of California and the Palos Verdes Peninsula Cable
Communication Company, pursuant to Section 5896.9 of the Streets and
Highways Code of the State of California. Among other things, said
agreements shall provide that, upon confirmation of the assessment,
said public utilities shall have legal title to the electric or
communication facilities, which shall thereafter constitute part of a
system of public utilities and further provides the utility companies
will furnish and install the underground facilities within the district
in accordance with said agreements, and furthermore shall pay a portion
of the costs of said underground facilities in accordance with said
agreements, that the district to be assessed for the conversion is
within the service area of said public utilities.
-8- Resolution No. 80-29
SECTION 11 .
That Tuesday, the 6th day of May
1980,
at the hour of 7 : 30 p.M. of said day, is the day and the hour
and
City .Counci 1 Chambers , 309 42 Hawthorne Boulevard, City of
.
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Ranchos Palos Verdes, California 90274 is the lace fixed
P by the
Council when and where any all persons having any objections t
objections to the
proposed acquisition, work or improvement or to the extent of the
district to be assessed, or to any or all of the foregoing,
may appear
before the Council and show cause why the proposed acquisition, work
or improvement should not be carried out •
in accordance with this
Resolution.
SECTION 12.
That the Street Superintendent shall cause to be conspicuously
posted along the line of the contemplated work or improvement p ent and
along all open streets within the district '
liable to be assessed,
notices of the adoption of this Resolution in the manner and in the
form required by law.
SECTION 13.
The Clerk of the City Council shall certify to the adoption
of this Resolution and shall cause the same to be ublished for
P two
days in the Palos Verdes Peninsula News
- a newspaper published and circulated in the City of Rancho Palos Verdes,
which is hereby designated for that purpose by the Council.
The Council does hereby direct the thereof to mail notices
i
of the adoption of this Resolution of Intention to I all persons owning
real property proposed to be assessed for the work herein described
whose names and addresses appear on the last equalized assessment t roll
of the County of Los Angeles or as known to the Clerk, the contents of
said notices to be as required by law.
-9- Resolution No. 80-29
PASSED, APPROVED AND ADOPTED THIS 1st day of APRIL, 1980.
MAYOR
ATTEST:
LEONARD G. WOOD, CITY CLERK AND
EX OFFICIO CLERK OF THE COUNCIL
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fci •T' C LE 17
I HEREBY CERTIFY that the foregoing is a true and correct copy
of Resolution No. 80-29 passed and adopted by the City Council
of the City of Rancho Palos Verdes at a meeting hereof held on
the 1st day of April, 1980.
CL
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-10-- Resolution No. 80-29
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