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HomeMy WebLinkAboutResolution 1964 - 00451 2 3 4 5 6 '1 8 9 10 ·... ... RESOLUTION NO. 64~45-7 A RESOLUTION OF INTENTION OF THE BOARD OF DIRECTORS OF COUNTY SANITATION DISTRICT NO. 7 OF ORANGE COUNTY, CALIFORNIA,. PROPOSING TO CHANGE, MODIFY AND AMEND RESOLUTION OF INTEN- TION NO. 63-178-7 OF SAID DISTRICT AND THE PLANS HERETOFORE APPROVED FOR AND PERTAINING TO "ASSESSMENT DISTRICT NO. 3-B," WHICH SAID PLANS ARE REFERRED TO AND INCORPORATED IN SAID RESO- LUTION OF INTENTION,. AND TO MODIFY THE WORK TO BE DONE AS DESCRIBED AND SHOWN ON SAID PLANS AND IN SAID RESOLUTION OF INTENTION; FIXING THE TIME AND PLACE OF HEARING UPON THE PROPOSAL TO SO CHANGE .. MODIFY AND AMEND SAID RESOLUTION OF INTENTION, PLANS AND WORK,j AND DIRECTING THE SECRET ARY OF THIS DISTRICT TO PUBLISH NOTICE OF SAID HEARING. 11 WHEREAS., the Plans for the construction of sanitary sewer improve- 12 ments in "ASSESSMENT DISTRICT NO. 3-B," as heretofore approved by the 13 Board of Directors of County Sanitation District No. 7 of Orange County.-Cali- 14 fornia,. and as referred to and incorporated in Resolution of Intention No. 63- 15 178-7, adopted November 13, 1963,, and the description of work as contained 16 in said Resolution of Intention, and the description of easements and rights- 17 of-way to be acquired as described in said Resolution of Intention.-do provide 18 among other things for the construction of sanitary sewers and appurtenances 19 and appurtenant work in certain easements therein described and do also pro- 20 vide for certain work to be done as therein described; and 21 WHEREAS, the Board of Directors of this District proposes to 22 change, modify and amend said Plans and the work therein provided for and 23 the said Resolution of Intention No. 63-178-7 so as to add certain work, delete 24 certain work, relocate certain easements and work, all as more specifically 25 set forth and described in Exhibit "A" attached hereto and made a part hereof 26 for all purposes; and 27 WHEREAS, a contract for said work has been awarded to the success- 28 ful bidder; 29 NOW, THEREFORE, the Board of Directors of COUNTY SANITATION 30 DISTRICT. NO. 7 OF ORANGE COUNTY, California,, pursuant to the provisions 31 of Chapter 8. 5, Part 3,, Division 7 of the Streets and Highways Code of the State 32 of California,, does hereby RESOLVE and ORDER as follows: I.AW OFFICES OF RIMEL. 8c HARVEY FOURTH FLOOR 1010 NORTH MAIN ST. SANTA ANA. CALIFORNIA -1- l Section 1: That the said Board of Directors proposes to change, 2 modify and amend all of the sheets of the Plans and the work therein described 3 and Sections 1 and 2 of said Resolution of Intention No. 63-178-7 in the parti- 4 culars as set forth in Exhibit "A" attached hereto, to which reference is 5 hereby made and by such reference Exhibit "A" is incorporated herein and 6 made a part hereof for all purposes. That the proposed modified plan sheets 7 referred to in said Exhibit "A" ·have been received and filed by this Board of 8 Directors and are on file in the office of the Secretary of this District. 9 Section 2: That the said Board of Directors does hereby state and 10 determine that the said changes, modifications and amendments to the Plans, ll the said Resolution of Intention and the work will result in a decrease of ap- 12 proximately $500. 00 in the cost of the construction work and in the cost of 13 the entire work. That said Resolution of Intention No. 63-178-7 and the Plans 14 hereinafter referred to are on file in the office of the Secretary of this District. 15 Section 3: That Wednesday , the 8th day of April 16 1964, at the hour of 8: 05 o'clock p. m. of said day, is hereby fixed as the day 17 and hour and the regular meeting place of the Board of Directors of County 18 Sanitation District No. 7 of Orange County at 10844 Ellis Avenue, Fountain 19 Valley, Orange County, California, is hereby fixed as the place when and wher 20 any and all persons having any objection to the aforesaid proposal to change, 21 modify and amend the said Plans, work and Resolution of Intention may 22 appear before said Board of Directors and show cause why said changes, 23 modifications and amendments should not be adopted. 24 Section 4: That this Board of Directors does hereby order and direct 25 the Secretary to give notice of the time and place of the aforesaid hearing by 26 publishing this resolution once in The Tustin News,. a weekly newspaper of 27 general circulation in County Sanitation District No. 7 of Orange County, Cal-i- 28 fornia. That said publication shall be made at least ten (10) days prior to the 29 date fixed herein for the hearing on the proposal to change, modify and amend 30 said Plans, work and Resolution of Intention. 31 AD~PTED, SIGNED AND APPROVED by the Board of Directors of 32 COUNTY SANITATION DISTRICT NO. 7 OF ORANGE COUNTY, at a regular I.AW OFFICES OF RI MEL Sc HARVEY FOURTH FLOOR IOtO NORTH MAIN ST. 51ANTA ANA. CAUFORNIA -2- l meeti ng the r eof h e ld thi s 1 1th day of March, 1 9 64. 2 3 A TTEST: ·~I :de/'.~~ S ecr e t ary/ 6 7 8 9 10 ll 1 2 1 3 14 1 5 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 L AW OFF I CES OF RIMEL & HARVEY FOURTH PLOOR 1010 NORTH MAIN S T. SANTA ANA. CALll'ORNIA -3 - aJ. r ffi8t1l_ _ if- . - -.-·: / -- l 2 ~. CERTlFICATION I,, Fred A. Harper , Secretary of COUNTY SANITATION ---- 3 DISTRICT NO. 7 OF ORANGE COUNTY, CALIFORNIA, do hereby certify that 4 the foregoing Resolution No. 64-45-7 was duly adopted at a 5 regular meeting of the Board of Directors of said County Sanitation District 6 No. 7 of Orange County, held on the 11th day of March , 1964, by -------- 7 the following vote of the members of the Board: 8 AYES: Directors Doney (Chairman), Cook, Hall 9 Meyers, Parks and Phillips 10 NOES: Directors None 11 ABSENT: Directors None 12 and I further certify that G. W. Doney , as Chairman , and ---------------~ ~------ :'- 18 _-.-.::.. --'--19· -, ~ 20 ST ATE OF CALIFORNIA ) ) ss. 21 County of Orazige ) 22 I, Fred A. Harper , Secretary of COUNTY SANITA---- 23 TION DISTRICT NO. 7 OF ORANGE COUNTY, CALIFORNIA, do hereby certify 24 that the foregoing is a full,, true and correct copy of Resolution No. 64-45-7 25 passed and adopted by the Board of Directors of said County Sanitation· District 26 No. 7 of Orange County at a regular meeting thereof h~ld on the ------- 27 11th day of March , 1964. -----------~ 28 ~-------lN,WITNESS WHEREOF, I have hereunto set my hand and affixed the 29 Q-fflciai-&eal~o-f_ said District this 13th day of , 1964. ;__, ..:_{;-__ ---.------. ~,-. ~ ~---~-----r--- 30 ~ _-..... .-: 31 -- ts~~l) -- 32 / ---. U.W OFFICC9 OP RIMEL 8' HARVEY POURTl-4 P'~OOR 1010 NORTH MAIN ST. 8AHTA ANA, CAUP'ORNIA , l 2 3 EXHIBIT 11A11 IN THE MATTER OF THE CONSTRUCTION OF SANITARY SEWERS AND APPURTENANCES AND APPURTENANT WORK IN "ASSESSMENT DISTRICT NO. 3•B,11 COUNTY SANITATION DISTRICT NO. 7· OF ORANGE COUNTY. 4 PROPOSED CHANGES, MODIFICATIONS AND AMENDMENTS TO THE WORK, THE PLANS, AND THE RESOLUTION OF INTENTION: 5 6 1. That SECTION 1, entitled, 11ACQ.U IS I Tl ON" of Reso 1 ut ion of Intent ion No. 7 63-178-7 of County Sanitation District No. 7, adopted November 13, 1963, be and 8 the same hereby is amended, modified, changed and· revised by particularly revising, 9 changing, modifying and amending the following: 10 Easement No. 8, including the description of Easement No. 8 to read as . 11 fo 1 lows: 12 -"(8) Easement No. -8 (Revised): 13 ·The Northerly ·9.00 feet of Lot 10 of Tract 1261, as shown on a map 14 thereof, recorded in Book 39, page 21 of Miscellaneous Maps of Orange County, 15 ·California. 16 That portion of Lot 28 of Tract 440, as shown on a map thereof, recorded i 7 in Book 16, ·pages 21 and 22 of Mi see 1 laneous Maps, records of Orange County, 18 California, within a strip of land, 14 feet in width, the north line of which is 19 parallel with and distant Southerly 4.10 feet at right angles from the ea.sterly 20 prolongation of the north line of Lot 10 of Tract 1261, as shown on a map thereof, 21 recorded in Book 39, page 31 of said Miscellaneous Maps. 22 Excepting therefrom the Northerly 5 feet of the Easterly 133.94 feet 23 thereof. 24 Also, excepting therefrom any portion lying southerly of the northerly 25 line of that certain parcel of land described in a deed recorded in Book 5341, 26 page 127 of Official Records of said Orange County. 27 The above described easement is over the Northerly 9.00 feet of Assessoris 28 Parcel 102-122-23, and the Southerly 14 feet of the Westerly 110 feet and the 29 Southerly 9 feet of the Easterly 133.94 feet of Assessor's Parcel 102-122-13.11 30 2. That SECTION 2, entitled, "DESCRIPTION OF WORK" of said Resolution of 31 Intention No. 63-178-7 be and the same is hereby amended; modified, changed and 32 revised by particularly revising, changing, modifying and amending: -1- EXHIBIT ''A'' . . 1 A. EASEMENT NO. 8, including the description of work in Easement 2 No. 8 to read·'as fol lows: 3 "EASEMENT NO. 8 (REVISED} 4 for public sewer purposes (as described in Section 1 hereof} between Newhaven 5 Drive and Hewes Avenue,·as shown on proposed Sheet 45 (modified) of said Plans; 6 and i n11 7 B. HEWES AVENUE, including the description of work in Hewes Avenue 8 to read as follows: 9 "HEWES AVENUE 10 between the easterly prolongations of the northerly·and southerly lines of Easement 11 No. 7; also, between the westerly prolongations of the northerly and southerly 12 lines of Easement No. 2; also, between a line which is parallel with and distant 13 Northerly 5.0 feet at, right angles, from the easterly prolongation of the northerly 14 line of Easement No. 8 (Revised} and a line that is parallel with and distant 15 Southerly 5.0 feet, at right angles, from the easterly prolongation of the southerly 16 1 i ne of Easement No. 8 (.r.ev i sed}-a 11 as shown on Sheets 4 and 48 and on Sheet i 7 45 (modified) of said P 1 ans; and i n11 18 C. NEWHAVEN DRIVE, including the description of work in Newhaven 19 Drive to read as follows: 20 11 NEWHAVEN DRIVE 21 between a point approximately 90 feet southerly of the centerline of Fairhaven 22 Avenue and a point approximately 640 feet southerly thereof, as shown on Sheet 46 23 (modified} of said Plans; and in11 24 3. That the plans, profiles, and drawings as filed and approved, and as 25 referred to in Section 3 of said Resolution of Intention No. 63-178-7 be modified, 26 amended, changed and revised as follows: 27 A. That Sheet 45 of the said Plans be amended, modified, changed .28 and revised by deleting therefrom the work between Newhaven Drive and Hewes Avenue 29 along the southwesterly line of Lot 10, Tract No. 1261> and the northerly line of 30 the Southerly 81.90 feet of Lot 28 of Tract 440, and by adding thereto additional 31 work between Newhaven Drive and Hewes Avenue along the northerly line of Lot 10, 32 Tract 1261, and the Southerly 158.90 feet of Lot 28 of Tract 440, as shown on -2- EXHIBIT II A" ' l proposed Sheet 45 (modified). 2 B. That Sheet 46 of said Plans be amended, modified, changed 3 and revised so as to conform with the proposed modifications to proposed Sheet 4 45 (modified) by adding 8-inch V.C.P. ·sewer and adding a house lateral for Lot 5 9 of Tract 1261, as shown on proposed Sheet 46 (modified). 6 C. That Sheet 2 of said Plans be amended, changed and revised so as 7 to conform with the proposed modifications to the other Plan sheets hereinabove 8 designated, by deleting Eas~ment No. 8 and adding thereto Easement No. 8 (Revised). 9 D. That house laterals to be deleted for Lots 13, 14 and 23 of 10 Tract 1792, as shown on Sheet 55 of said Plans. ll E. That house lateral be deleted for Assessor's Parcel 102-111-08 12 at Station 26+00 approximately, as shown on Sheet 18 of said Plans. 13 F. Tha~ house laterals be deleted from Lots 1, 2 and 3. of Tract 14 2821, as shown on Sheet 26 of.said Plans. 15 That said proposed Sheets 2, 45 and 46(modified)hereinabove mentioned 16 have been received and filed by the Secretary of County Sanitation Districts of i7 Orange County, California, and are on file with the Secretary thereof. 18 4. The above changes wi 11 increase the estimated quantJty of 8-inch V.C.P. 19 sewer; will dec.rease the estimated quantity of 4-inch V.C.P. house lateral; and 20 wi 11 resu 1 t in an estimated net decrease in the cost of the work of approximately 21 $500.00. 22 23 24 25 26 27 28 29 30 31 32 -3- EXHIBIT II A" .. DISTRICTS OFFICIAL COP\ Affidavit of Pub I"-~os-tt·t I:'\ THE MATTER OF THE J~STATE OF ST ATE OF CALIFORNIA . C OUNTY OF ORANGE. BILL MOSES ) ) SS. ) of said County, dul y sworn , deposes and says : That he is and at all times her e in m ention ed was a citizen of the U nited states, over the age of twenty-one years, a n d is competent to b e a witness on the trial of the above e ntitled action, and that he is not a party to or is n ot int erested in the a bove entitled matter. That h e is the p r in cipal clerk of the printer a n d publisher of THE TUSTIN NEWS, which is a weeltly n ewspaper of gener a l cir- culation, printed, published and c irculated in the said County of Orange, and is pub lished for t he dissemi n a ti on of l ocal and tele- graphic news a n d intelligence of a general char acter, and h as a bonafide s ubscription !ist of paying subsc ribers, and said paper has been estab lished, printed a n d published in the City and Judicial Township of Tustin, County of Orange, State of Californi a, for at least one year n ext before the publication of the first insertion of this n otice; and the said newspaper is n ot d evoted to the interests of, or published for the e ntertainm ent of any particul ar c lass, pro- fes s ion, trade, calling , race or den omination or any member thereof. That the RES OLUTI ON 10. 64-45-7 of ~~ OE_ pIR. OF _ORA NGE CO. TO _AMENDING RESO LUTI ON 9F _INTENTION _RO_!_ 63-18 7_-7_ OF SAID DIST. ?ERTAINING TO ASSESS. DIST. NO. 3-B. of w hich the a nnexed is a printed copy, was published in said n ew s p aper at least one time ----------- commencing fro m the __ _g6th _____ day of~~oh_ 19___§1 and e nd ing o n the __ ~2~6 th __ day or___Ma rc_h _ - 19 64 , b oth days incl usive, and in l hc r egular a n d entire issue of said news paper proper , a n d n ot in a supple ment; and said not ice w as published the r ein on the follo wi ng dates, to-wil: Mar. 26, 1964 ----------- Subscribed a nd sworn to b efore me this 26 th ----=--~:__ ___ day of March 19 64 ZiJ"vn¥~S, /!,a.4~- Notar y Public in and for the County of Orange, State Of Cali fo rnia (SEA L ) My Comm ission Expires ~.<.A -3-a.. l_/(2 _ "/ W@1FRED S. 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''ho diret'lor Bill Fuc:ik; <ll witch. Rehearsals a rc uncle ti on of the' Rt•<l I [ill }J Saturday and Sund;l\' Tennis Club. The gn~u Jonathan Tro, 's c.leli11!, a couple who -find lh~ii :\~ass. home h:iunted b) ume 17th centu1'Y burnt slake witch. Returning for i.he th ~ l'ISf RJCTS OFFICIAL COPY l CONSENT TO MODIFICATIONS 2 As will more fully appear from the proceedings had and taken by the 3 various officers and agents of the County Sanitation District No. 7 of Orange 4 County, California, the undersigned Contractor has been awarded a contract 5 for work contemplated by Resolution of Intention No. 63-178-7; and 6 WHEREAS, the Board of Directors of said County Sanitation District 7 No. 7 of Orange County did, on the 11th day of March, 1964, adopt its resolu- 8 tion proposing to change, modify and amend the Plans and the work therein prC>- 9 vided for and said Resolution of Intention No. 63-1 78-7, all as set forth in said 10 Resollifio~ No. 64-45-7; and 11 WHEREAS, said changes, modifications and amendments will result in 12 a decrease in the total sum of the construction work and of the entire work in the 13 sum of ~pproximately $500. 00; and 14 WHEREAS, the undersigned is fully informed as to each and all of the 15 proposed changes. modifications and amendments to said Plans,, Resolution of 16 Intention and work,,. all :as s·et forth in said Resolution No. 64-45-7; and 17 WHEREAS> the written consent of the contractor is required in order 18 that said changes, modifications and amendments be ordered made; and 19 WHEREAS, the undersigned contractor is willing that said changes, 20 modifications and amendments be made and ordered; 21 NOW~ THEREFORE, in consideration of th·e premises, the undersigne 22 contractor,for:·.work contemplated in proceedings under Resolution of Intention 23 No. 63-178-71 consents to the making of the changes, modifications and amend- 24 ments to the Plans, said Resolution of Intention, and the work therein described 25 as set forth in that certain Resolution No. 64-45-7, adopted by the Board of 26 Directors of County Sanitation District No. 7 of Orange County, California~ on 27 the 11th day of March, 1964. 28 DATED this 2--:l-.c.f day of April, 1964. 29 30 ~ .. -~ .... -.... ------... _- ~ --31 - -(SEAb)· 32 ~ " ~-. -----.· ._. LAW OFFICES OF RIMEL 8c HARVEY FOURTH FLOOR 1010 NORTH MAIN ST. SANTA ANA. CALIFORNIA I _.