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CC RES 1975-049 RESOLUTION NO. 75-49 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES RE: RANCHO PALOS VERDES IMPROVEMENT DISTRICT NO. 1 FOR THE ACQUISITION OF NECESSARY RIGHTS OF WAY AND THE CONSTRUCTION OF UTILITY CONVERSION PROJECT IN FORRESTAL DRIVE AND OTHER RIGHTS OF WAY; RESOLUTION OF INTENTION WHEREAS, the report prepared pursuant to Division 4 of the Streets and Highways Code (Special Assessment Investigation Limita- tion and Majority Protest Act of 1931) covering the proposed acqui- sition of necessary rights of way, and construction of utility con- version project under Rancho Palos Verdes Improvement District No. 1 (Forrestal Drive) is on file in the office of the Clerk of the City Council of the City of Rancho Palos Verdes and may be examined at said office, NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES RESOLVES: Section 1: That the public interest and convenience require that it 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 purchase or eminent domain proceedings consisting in general of the following: PARCEL A - The northerly 5 feet of Lot 4, Tract No. 26414 , as shown on maps recorded in Book 677, Pages 72 to 74, inclusive, of Maps , together with the westerly 10 feet of said Lot 4, lying between the southerly line of the above mentioned northerly 5 feet and a line being 20 feet southerly and at right angles to the northerly line of said Lot 4. PARCEL B - The northwesterly 5 feet of Lot 153, Tract No. 26834, as shown on map recorded in Book 691, Pages 3 to 8, inclusive, of Maps and that portion of Lot 127, above mentioned Tract No. 26834, that lies within the northeasterly prolongation of the northwesterly 5 feet of said Lot 153, together with the northwesterly 10 feet of Lot 12, Tract No. 30360, as shown on map recorded in Book 761, Pages 41 and 42 of Maps. PARCEL C - The northeasterly 6. 50 feet of the southeasterly 8. 00 feet of Lot 22, above mentioned Tract No. 26834 . PARCEL D - That portion of Lot 43 , above mentioned Tract No. 26834 within the following described boundaries : Beginning at the southwesterly terminus of that certain course in the southeasterly line of said lot, having a bearing of N. 51°23' 07"E. and a length of 51. 05 feet; thence northeasterly along said southeasterly line 8. 00 feet; thence northwesterly at right angles from said southeasterly line 6. 50 feet; thence southwesterly at right angles from said last mentioned course 8. 00 feet; thence southeasterly 6. 50 feet to the point of beginning. PARCEL E - The southwesterly 6 . 50 feet of the southeasterly 8.00 feet of Lot 60 , above mentioned Tract No. 26834. PARCEL F - The southeasterly 9 . 00 feet of the southwesterly 6 .50 feet of Lot 93, above mentioned Tract No. 26834, except the south- easterly one foot thereof. PARCEL G - The northerly 5.00 feet of the easterly 8. 00 feet of Lot 128, above mentioned Tract No. 26834 . PARCEL H - The northeasterly 5.00 feet of the southeasterly 8. 00 feet of Lot 134, above mentioned Tract No. 26834 . PARCEL I - The southwesterly 5. 00 feet of the northwesterly 8. 00 feet of Lot 140, above mentioned Tract No. 26834 . Second: The excavation of trenches , backfilling, resurfacing and the installation of conduit and underground structures together with appurtenant work in FORRESTAL DRIVE extending southerly from a line approximately 100 feet northerly of the north line of Lot 5, to the south line of Lot 3, all as shown on map of Tract No. 26414, recorded in Book 677 , Pages 72 to 74, inclu- sive, of Maps ; and in PIRATE DRIVE between FORRESTAL DRIVE and the easterly terminus of said PIRATE DRIVE as shown on map of Tract No. 26834, recorded in Book 691, Pages 3 to 8, inclusive, of Maps; and in SEARAVEN DRIVE between PIRATE DRIVE and the southeasterly terminus of said SEARAVEN DRIVE as shown on the above mentioned map of Tract No. 26834, and in HEROIC DRIVE between SEARAVEN DRIVE and the easterly terminus of said HEROIC DRIVE; and in PHANTOM DRIVE between HEROIC DRIVE and the northerly terminus of said PHANTOM DRIVE as shown on the above mentioned map of Tract No. 26834; and in VIGILANCE DRIVE between PHANTOM DRIVE and the northwesterly terminus of said VIGILANCE DRIVE. Third: The excavation of trenches, backfilling, and resurfacing together with appurtenant work in THE ABOVE DESCRIBED EASEMENTS A AND B. Fourth: The excavation for transformer enclosures , backfilling, resurfacing and the construction of retaining walls together with appurtenant work in THE ABOVE DESCRIBED EASEMENTS C THROUGH I . Fifth: The relocation or alteration of existing pipeline utili- ties , 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. THAT SUCH WORK OR IMPROVEMENTS, IT IS ESTIMATED, WILL COST THE TOTAL SUM OF THREE HUNDRED TWENTY-FIVE THOUSAND FOUR HUNDRED FIFTY- FIVE DOLLARS ($325, 455.00) 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 $2, 500. 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 pro- posed 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 acquisition work or improvement and to be assessed to pay the costs and expense thereof. A map of the district, indicating by a boundary line the ex- tent 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 descrip- tion of the assessment district and the map shall govern for all de- tails 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 assess- ment of fifty dollars ($50 . 00) or more remaining unpaid for thirty (30) 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 seven (7) percent per annum on all sums unpaid, until the whole of the principal and interest is paid. The redemption provisions of said bonds shall provide a pre- mium 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 1st following their date until fully paid. The first interest payment shall be payable to the Treasurer on the April 15th next succeeding the March 1st or the October 15th 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. 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 in- terest and penalties 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 un- paid installment of principal and interest. Section 6: That the proceedings for the aforesaid work or -= improvement shall be under and in accordance with Division 7 , Strets and Highways Code. Section 7: 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. 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, tht 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 elec- tric or communication facilities, which shall thereafter constitute part of a system of the public utilities and further provides the utility companies will furnish and install the underground facilities within the district in accordance with said agreements, and further- more 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. Section 11: That Tuesday, the 26th day of August, 1975, at the hour of 7 : 30 p.m. of said day, is the day and the hour and Palos Verdes Unified School District Building, 30942 Hawthorne Boulevard, City of Rancho Palos Verdes, California 90274 is the place fixed by the Council when and where any and all persons having any objections to the pro- posed osed 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 im- provement rovement 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 im- provement rovement and along all open streets within the district liable to be assessed, notices of the adoption of Lhis 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 published for 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 Clerk thereof to mail notices of the adoption of this Resolution of Intention to all persons owning real property proposed to be assessed for the work herein des- cribed whose names and addresses appear on the last equalized assess- ment roll of the County of Los Angeles or as known to the Clerk, the contents of said notices to be as required by law. The foregoing resolution was on the 15th day of July, 1975, adopted by the City Council of the City of Rancho Palos Verdes, State of California. '` ATTEST: MAYOR CITY OF RANCHO PALOS VERDES Ste. 'i , . '• . 4 CI'T'Y CLER Nk TY RANCHO PALOS VERDES