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HomeMy WebLinkAboutResolution 1964 - 0053l 2 3 4 5 6 7 8 RESOLUTION NO. 64-53-7 A RESOLUTION OF THE BOARD OF DIRECTORS OF COUNTY SANITATION DISTRICT NO. 7 OF ORANGE COUNTY,, CALIFORNIA~ CHANGING., MODIFYING AND AMENDING RESOLUTION OF INTENTION NO. 63-177-7 OF SAfD DISTRICT AND THE PLANS HERETOFORE AP- PROVED FOR AND PERTAINING TO "ASSESSMENT DISTRICT NO. 3-A," WHICH SAfD PLANS ARE REFERRED TO AND rnCORPORATED IN SAfD RESOLUTION OF INTEN- TION,. AND TO MODIFY THE WORK TO BE DONE AS DES- CRIBED AND SHOWN ON SAID PLANS AND IN SAID RESO- LUTION OF INTENTION. 9 WHEREAS,, the Plans for the construction of sanitary sewer improve- 10 ments in "ASSESSMENT DISTRICT NO. 3-A .. " as heretofore approved by the 11 Board of Directo·rs of County Sanitation District No. 7 of Orange County, Cali- 12 fornia, and as referred to and incorporated in Resolution of Intention No. 63- 13 177-7, adopted November 13, 1963., and the description of work as contained 14 in said Resolution of Intention, and the description of easements and rights-of- 15 way to be acquired as described in said Resolution of Intention, do provide 16 among other things for the construction of sanitary sewers and appurtenances 17 and appurtenant work in certain easements therein described and do also pro- 18 vide for certain work to be done as therein described; and 19 W~EREAS, the Board of Directors of this District proposes to change, 20 modify and amend said Plans and the work therein provided for and the said 21 Resolution of Intention No. 63-177-7 so as to add certain work,, delete certain 22 work, relocate certain easements and work,, all as more specifically set forth 23 and described in Exhibit "A" attached hereto and made a part hereof for all 24 purposes; and 25 WHEREAS:. by Resolution No. 64-44-7 of said District, Wednesday, 26 the 8th day of April" 1964, at the hour of 8:00 o'clock p. m. of said day, was 27 fixed as the day and hour and the regular meeting place of the Board of Direc- 28 tors of said District at 10844 Ellis Avenue, Fountain Valley, California, as the 29 place when and where any and all persons having any objection to the aforesaid 30 proposal to change., modify and amend the said Plans, work and Resolution of 31 Intention may appear before said Board of Directors and show cause why said 32 changes., modifications and amendments should not be adopted; and LAW OFFICES OF RIME~ & HARVEY FOURTH FLOOR 1010 NORTH MAIN ST. SANTA ANA, CALl>ORNIA I -1- ,.. 1 WHEREAS, t he contractor to whom t he contract was awarded for the 2 performance of the work under s aid Resolution of Intention N o. 63 -177 -7 has 3 cons e nte d in w riting to the making of t he changes, modific a tions a nd amendments 4 h e r ein aft er described, and the said w ritt en consent i s on file with the Secretary 5 of this District; 6 NOW, THEREFORE, THE BOARD O F D IRECTORS O F COUNTY SANI- 7 TATION DISTRICT NO. 7 OF ORANGE COUNTY, CALIFORNIA, DOES HEREBY 8 RESO LVE AND O RDER AS FOLLOWS: 9 Section 1: That all of the sheets of t he Plans and t he w ork t he rein 1 0 d escribed and Sections 1 and 2 of said Resolut ion of Intention No . 63 -177-7 be 1 1 a nd the same h e r eby are changed, modified and ame nded in the p articular s as 1 2 set forth in Exhibit "A" a tta che d h e reto, to which reference is hereby made a nd 1 3 by s uch refe r enc e Exhibit "A" i s incorporated h e rein and made a part hereof for 1 4 a ll p urposes. That the proposed modified p l an sheet s referred to in said Exhi- 1 5 bit "A" have been received and filed by this Board of Dir ectors and are on file 1 6 in the office of the Secr etar y of this District. 1 7 Section 2: Tha t the said Board of Directors does her eby s t a t e and de- 1 8 t ermine that the said ch a nges, modifications and amend ment s to the Plans, the 1 9 said Resolution of Intention and t he w o rk will result in a decrease of appro xi - 20 m at ely $1 , 500 in t he cost of the construction work and in t he cost of the entire 2 1 w o rk. That said Resolution of Intention No. 63-177-7 and t h e Plans hereinafter 22 23 referred t o are on file in the office of the Secretary of this District. Section 3: That the s aid R es olution of Intention N o . 63 -177 -7, t he 24 Plans there in mentioned and des cribed and t he work therein described and called 25 fo r, and all s u bsequ ent proceedings had and taken thereunde r, be and the same 26 h e r eby are changed, m odifie d and amended to conform to the said changes, 27 modific a tions and/or a m e ndments more particu larly set forth and de s cribed in 2 8 said Resolution N o . 64-44 -7 . 29 30 31 3 2 LAY/ O FFI C E S O F R I M E L & HARV E Y F O URTH F L O OR T0 10 NORTH M A IN S T. I S A NTA ANA, C AL I FORN I A I ATTEST: ~ czfi Q -'d --ecrei a ry l ADOPTED, SIGN ED AND APPROVED this 8th day of April , l 9 6 4J -~-I AP-~ I -2- • • ,.,,.1 .. CERTIFICATION ._ ... _ .. .. .. . I, Fred A. Harper , Secretary , of COUNTY SANITA------- TION DISTRICT NO. 7 OF ORANGE COUNTY, CALIFORNIA, do hereby certi- fy that the foregoing Resolution No. 64-53-7 was duly adopted at a re~lar meeting of the Board of Directors of said County Sanitation District No. 7, held on ·the 8th day of April , 1964.: by the following ----------· vote of the members of the Board: AYES: Dire~tors Doney, Meyers, Ha1·1 and Parks ------------------------------- NOES: Directors None ABSENT: . Directors Cook and Phillips ~-------------------------------- and I further certify that G. W. Doney , as Chairman , and ------------------ Fred. A. Harper , as Secretary , signed and approved said ------------------------------ 15 resolution on the 8th day of Apri 1 , 196 4· •. ---------------- i 6 II -p I 17· - 181 19 -_ / 20 STATE OF CALIFORNIA ) ) ss. 21 County of Orange ) .. ~ q )}_•Yr~ Secre~ ' c;unty SaruTatl;n District No. 7 of Orange County · 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. 64-53-7 ·, .25 I passed and adopted by the Board of Directors of said County Sanitation District .26 J No. 7 of Orange County at a regular meeting thereof held on 2'! :i the 8th day of April , 1964 •. :, 25 ji __ ----_ _ IN WITNESS WHEREOF., I have hereunto set. my hand and affixed the ~9 -· offic~al.Seal of.said District this 8th day of April , 1964 •. .30 -/ -/ 31 321 (Seal) i &.AW OFTICCG 01' I' ~IMi:'-'°" HARVEY ,.OV~TH ,.~OOR 1010 HORTH WAIN GT. I 4H't ... ANA. CA4.&1'0Rl'n~l -,_, .· ~~~~v· . Secretary , Counyail1 on~1str1ct No. 7 of Orange County . ; ~: . ·. 1 2 3 EXHIBIT "A" IN THE MATTER OF THE CONSTRUCTION OF SANITARY SEWERS AND APPURTENANCES AND APPURTENANT WORK IN "ASSESSMENT DISTRICT NO. 3-A, 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 "ACQUISITION," of Resolution of Intention No. 7. 63-177-7 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. 3, including the description of Easement No. 3 to read as 11 fo 11 ows: 12 ~'J3)_ Easement No. 3 (Revised): 13 The Northerly 10.00 feet of Lot 7 (Assessor's Parcel 102-031-18) of Tract 14 3697, as shown on a map recorded in Book 129, pages 8 and 9 of Miscellaneous Maps 15 of Orange County, California. 16 The Southerly 10.00 feet of Lot 16 (Assessor's Parcel 102-031-18) of i7 Tract 1816, as shown on a map recorded in Book 51, page 48 of Miscellaneous Maps 18 of Orange County, California.11 19 Easement No. 4, including the descrbption of Easement No. 4,. by deleting 20 Easement No. 4 and said description entirely. 21 2. That SECTION 2, entitled, "DESCRIPTION OF WORK" of said Resolution of 22 Intention No. 63-177-7 be and the same is hereby amended, modified, changed and 23 revised by particularly revising, changing, modifying and amending: 24 A. FLINT DRIVE, including the description of work in Flint Drive 25 to read as follows: 26 "FLINT ORI VE 27 between the southerly right of way line of Leafwood Lane and a point approximately 28 200 feet northerly thereof; also, between the centerline of Santa Clara Avenue 29 and Allegheny Drive ( including work in the intersection of Flint Drive and 30 Allegheny Drive); also, between Stearns Drive and the northerly right of way line 31 of Romelle Avenue (including work in the intersection of Stearns Drive and Flint 32 Drive) -all as shown on Sheets 7 and 10 of said Plans and on Sheet 31 (modified); -1- EXHIBIT ''A' ·.-....("') ' '· . 1 and i n11 2 B. RAINIER DRIVE, including the description of work in Rainier 3 Drive to read as follows: 4 11 RAINIER DRIVE 5 between a point approximately 245 feet westerly of the centerline of Rosalind 6 Drive and a point approximately 125 feet easterly of the centerline of Loretta 7. Drive; also, between a point approximately 140 feet westerly of the centerline of 8 Wheeler Place and a point approximately 40 feet easterly of said centerline; also, 9 between a point approximately 140 feet westerly of the centerline of that portion 10 of Malena Drive southerly of Rainier Drive and a point approximately 140 feet 11 easterly of said centerline, as shown on Sheet 18 of said Plans; and in 11 12 C. FAIRMONT WAY, including the description of work in Fairmont 13 Way to read as follows: 14 "FAIRMONT WAY 15 between the southerly right of way line of Santa Clara Avenue and a point approxi- 16 mately 1,060 feet northerly thereof; also, between a point approximately 50 feet i7 southerly of the centerline of Fairhaven Avenue and a point approximately 815 feet 18 southerly of said centerline; also, between the centerline of La Veta Avenue and 19 the southerly right of way line of Burdie Lage -all as shown on Sheet 19, and 20 on Sheets 23 {modified) and 45 {modified) of said Plans; and in 11 21 O. ETHELBEE WAY, including the description of work in Ethel°bee 22 Way to read as follows: 23 11 ETHELBEE WAY 24 between the southerly right-of-way line of Santa Clara Avenue and a point approxi- 25 mately 1, 140 feet northerly thereof; also, between the westerly prolongations of 26 the northerly and southerly lines of Easement No. 3 {Revised) -all as shown on 27 Sheet 21 and on Sheet 22 (modified) of said Plans; and in" .28 E. EASEMENT NO. 3, including the description of work in Easement 29 No. 3 to read as follows: 30 ''EASEMENT NO. 3 (REV I SEO) 31 for public sewer purposes (as described in Section 1 hereof) between Fairmont Way 32 and Ethelbee Way, as shown on Sheet 22 (modified) of said Plans; and in" -2- EXHIBIT ''A'' .. 1 F. FAIRHAVEN AVENUE, including the description of work in Fairhaven 2 Avenue, by deleting Fairhaven Avenue and said description entirely. G. EASEMENT NO. 4, including the description of work in Easement 4 No. 4, by deleting Easement No. 4 and said description entirely. 5 H. STEAR~S DRIVE, including the description of work in Stearns 6 Drive, to read as follows: 7 11 STEARNS ORI VE 8 between Flint Drive and the easterly right of way line of Prospect Avenue, as 9 shown on Sheet 30 {modified) of said P 1 ans; and i n11 10 I. FIELDSTONE DRIVE, including the description of work in 11 Fieldstone Drive to read as follows: 12 "Fl ELDSTONE ORI VE 13 between the southerly right of way line of Stearns Drive and a point approximately 14 310 feet northerly thereof, as shown on Sheet 31 {modified) of said Plans; and in" 15 J. ROMELLE AVENUE, including the description of work in Romelle 16 Avenue to read as follows: i7 11 ROMELLE AVENUE 18 between a point approximately 60 feet westerly of the centerline of Prospect 19 Avenue and a point approximately 220 feet ea~terly of the centerline of Laurinda 20 Lane; also, between the westerly right line of Dunas Road and Swidler Place 21 (including the work in the intersection of Romelle Avenue and Swidler Place) -all 22 as shown on ·Sheet 35 and on Sheet 32{modified) of said Plans; and in 11 23 K. LA VETA AVENUE, including the description of work in La Veta 24 Avenue, to read as follows: 25 ''LA VETA AVENUE. 26 between a point approximately 15 feet easterly of the centerline of Fairmont Way 27 and a point approximately 290 feet westerly of said centerline, as shown on Sheet 28 46 {modified):of said Plans; and in" 29 3. That the plans, profiles, and drawings as filed and approved, and as 30 referred to in Section 3 of said Resolution of Intention No. 63-177-7 be modified, 31 amended, changed and revised as follows: 32 A. That house laterals be deleted for Lots 1 and 29 of Tract 3169, -3- EXHIBIT ''A'' ... 4 the work' in Rainier Drive, and by adding thereto additional work between Fair~ont 5 Way and Ethelbee Way, including work in Ethelbee Way, as shown on proposed Sheet 6 22 (modified). 7 c. That Sheet 23 of said Plans be amended, modified, changed and 8 revised so as to conform with the proposed modifications to proposed Sheet 22 9 (modified), by adding a standard 48-inch internal diameter manhole, adding house 10 laterals for Lots 8 and 9 of Tract 1816, deleting house laterals for Lots· 16 and 11 17 of Tract 1816, and a~ding 8-inch V.C.P., as shown on proposed Sheet 23 (modified) 12 D. That 6-inch V.C.P. chimneys be deleted for Lots 16 and 17 of Tract 13 2933 in Easement No. 2, as shown on Sheet 4 of said Plans. 14 E. That 4-inch v.c.P. house laterals be added for Lots 16 and 17 of 15 Tract 2933 in Laurie Lane, as shown on Sheet 16 of said Plans. 16 F. That Sheet 29 of said Plans be amended, modified, changed, and i7 revised by deleting therefrom the work between the northerly right of way line of 18 Stearns Drive and the centerline of Fairhaven Avenue. 19 20 21 22 F. That Sheet 30 of said Plan~ be amended, modified, changed and revised by adding thereto additional work between Fieldstone Drive and Prospect Avenue, including work in Prospect Avenue, as shown on proposed Sheet 30 (modified). H. That Sheet 31 of said Plans be amended, modified, changed and 23 revised so as to conform with the proposed modifications to proposed Sheet 30 24 (modified), by moving the sewer 12 feet west and changing slope and depth of said 25 sewer, as shown on proposed Sheet 31 (modified). 26 I. That Sheet 32 of said Plans be amended, modified, changed, and 27 revised so as to conform with the proposed modifications to proposed Sheet 31 28 (modified), -by moving the sewer 12 feet south and moving the manhole in the inter- 29 section of Flint Drive and Romelle Avenue 12 feet west, as shown on proposed Sheet 30 32 (modified). 31 J. That Sheet 46 of said Plans be amended, modified, changed and 32 revised by changing the depth of the sewer, locating the 8-inch v.c.P. sewer -4- EXHIBIT "A" . ----------·---. ~ ------ 1 I I I ·I 1 ! j I ) ( i .... . "'\•. -.- ~c) \ . l 17 feet southerly of the centerline of La Veta Avenue and by deleting the two 2 westerly house laterals, as shown on proposed Sheet 46 (modified). 3 K. That Sheet 45 of said Plans be amended, modified, changed and 4 revised so as to conform with the proposed modifications to proposed Sheet 46 5 (modified), by lengthening the sewer 3 feet and changing the slope of the sewer 6 northerly of Station 5+60, as shown on proposed Sheet 45 (modified). · house 7 L. That the 4-inch V.C.P./ laterals be deleted for Lots 5, 6, 7, 16, a 17, 18, 27, 28 and 29 of Tract 2040, as shown on Sheets 16 and 17 of said Plans. 9 M. That Sheet 2 of said Plans be amended, modified, changed and 10 revised so as to conform with the proposed modifications to the other Plan sheets 11 hereinabove designated, by adding Easement No. 3 (Revised) and deleting Easements 12 Nos. 3 and 4, as shown on proposed Sheet 2 (modified). 13 That said proposed Sheets 2, 22, 23, 30, 31, 32, 45 and 46(modified) 14 hereinabove mentioned have been received and filed by the Secretary of County 15 Sanitation Districts of Orange County, California, and are on file with the 16 Secretary thereof. i7 4. The above changes will inc.rease the estimated quanity of 8-inch V.C.P. 18 sewer; will decrease the estimated quantities of 4-inch V.C.P. house lateral, 19 6-inch V.C.P. chimney, and 48-inch internal diameter manhole; and will result in 0 20 an estimated net decrease in the cost of the work of approximately $1500.00. 21 22 23 24 25 26 27 28 29 30 31 32 -5- EXHIBIT ''A'' Affidavit of S T ATE OF CALIFORNIA . COUNTY OF ORANGE, -,·~:,L os:;: s ) ) SS. ) of said County, duly sworn, deposes and says: Publicati That he is and at all times herein mentioned was a citizen of the United States, over the age of twenty-one years, and Is competen t to be a witness on the trial of the above entitled action, and that he is not a party to or Is not interested in the above entitled matter. That h e Is the principal clerk of the printer and publisher of T HE TUSTIN N EWS, which is a weekly newspaper of gen eral cir- c ula tion, printed, p ublished and circulated in the said County of Orange, and Is published for the dissemination of local and t ele- graphic n ews and intelligence of a general character, and h as a bonafide s ubscript ion list of paying subscribers, and said paper has been established, printed a nd published in the City and Judicial Township of Tustin, County of Orange, State of California, f or at least one year next before the publicalion of the first insertion of t his notice; and the said newspaper is nol devoted to the i nterests of, or published for the entertainment of any partic ular class, pro- fession, trade, callin g , rnce or denom inatio n or any member thereof. V"'ICE 0 F .-;.S::.E!:lS. That the "'.H' ")I T!UCT .l\!O . 7 lh.A GS co 1 • :T;::-BY of which the annexed is a printed copy, was publis h ed in said newsp aper at least __ _ c ommencing from the J Q, [I -~~~·-o~t~. i-~~~S~-----__ 12th J'.OV • ------_____ day of __ . ___ _ l?t::i. 'ov . 19 ___ , and ending on the ___ _ ____ day of __ _ ~L· 19 __ , b oth d ays inclusive, and in the regular and entire issue of said news p aper prope r, and n ot in a s upplement; and said notice was published therein on t h e following d a tes, to-w it: rov . 12 'ric 19 , ,i:.,, 19"'"Lh S ubscribed and sworn to b efore m e thls ___ . _______ d ay of 19 64 .... (SEAL) 0(/l~fi.r;d S ~ {3a~« I Notary Public in and for the County of 01-ange, S tat e of California My Commission Expires -n 19..6..Z.. AL X 01'I CE . SOTICE.CW FrLIXG A SSJ<:. ii• -'l E~T FOB 'l'Irn WORK A XD DlPRO\'E'.\IEX'r COXSIST l ~(; O F •rHE COSSTRt:f'TIOX 01 S AXl 'l'ARY SE\\'F.RS A '.\ 11 APPl 'RT E ~ AST WORK l:'i 0 ASSESS)lf:~f J11S'l'K1<'T .:\0 3 -A ," IX C'Ot TY SAXI'f.\ 'ffON UISTftlC ·o. 7 01• O HA.~GE C'O(". TY, AS CON· '.rEMPf,,\'rl<;U RY RESOLl '· •rION OF lSTI<;XTION NO \ 63-177-7, AS A'1f:XllED B 'l' R.t~S OLl "f lO~ SO. 6~-5 3-7 A ND O F 1 ·11t: Tnn; .\XI PLAC l': O F ll F.ARl~G .\.S 'I'( S AIO W O RI{ ASD A SS J•:S:-1 :\l EXT. P ursuanl lo sllllule, the "Jm provemenl Act of 1911." Divi sion 7 of the Sll'rels and H igh ways Code of the S t ate of Cali fornia, :-.rOTI('f; IS H EREB"\ Gl VEX that lhc Enginee1· ot \\"ork of County Sanitation Di~ trict No. 7 of Orange County California, IJRving made an as sessmenl to rover lhc costs nnr expenses of lhe work and im· provem ent consisting of lht work and impro,·cment consist tng of the const l'llc·lion of sa n itary sewers RQ<l appurlen:rnt wor k in "A SSF:SS'.\IENT DJS TRICT NO. !l-A " in said sauila tion distr ict, as contl'mplaler by Resolution· or I ntention Nr· 6S-177-7, adopted by the Boan of Dir eclors of said district 01 November 1 3, 1963 .. as amender! c h a nged and modified by Rcsnlu tion No. 64 -53-7, adopt t.'tl b~ said B oal'd of Dil'ectors on A p ril 8, 1961 . filt:'r.l the same ir my office on lht> 1 2 th dll;\' 01 :Xovember , 1 !'161. I h e 1·cby fix Thursda~·. tho 3rd day of l kccmber, 1964, a t the ho~r of 7:00 o'cl oclc p.m., a n(!· t he l'eg·u la r meetin g pine( of t he Bonnl of D irecto1·s or said Counlv Sanitttion Disl1·ic l ='!o. 7 of Ornngc County. at 10814 Ellis Avenue, Fou ntain \"alley 01•a11ge r.ounty. California, a~ t he time and )J~ce w h<>n and w h e r e a u persoriS 'fftercsl<'d in t he w ork done or in the said asses.clo \ent will ~Ii 1\earu by ..., U1e said B oard of D irectors . • Proper ty owm rs, t he C£>11ln1dor or h is assigns, and all perscm:i interested in said WOJ'k <'=" snir! assessment, feelin g a ggrieved b.v any act or d etermination of the m~w~er ot-WOI frii\'1'€1miun hereto. 01· who el:lim that the .vork has n<>t b1:,•n performed t ccording lo the t·ontract in a ~ood a nd sun;il antial nian ner, or .l'ho claim lhnt any porlion of h e work wns for any r Nison m1iled or i 1TE.g11lnl'ly include( n the contrnct for the same, >I' having or makin:;:-any ob- ection to the co1T•'etness of the 1<:sessmC'nt nr rliftgram or other l<'l, rte term inalion or p r oceedinir if l h e Engineer of ""o rk shall Jrior t o lha d ale 111~t fo r the 1cari n,; on lhe asii6Ssmen t, np Jea! lo the sald Una.rd of Di ··ectors by h i I~ stating Ir .n-iting the gr f app<':ll .\II HH·h pro lions ancl Lppea ls ar l aw t o '>e in W1' ion of "le r cby