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HomeMy WebLinkAboutResolution 1964 - 0117 L 1 RESOLUTION NO. 64-117-7 2 A RESOLUTION OF THE BOARD OF DIRECTORS OF COUNTY SANITATION DISTRICT NO. 7 OF ORANGE 3 COUNTY, CALIFORNIA, CHANGING, MODIFYING AND AMENDING RESOLUTION OF INTENTION NO. 64-35-7 4 OF SAID DISTRICT AND THE PLANS AND DIAGRAM OF THE DISTRICT HERETOFORE APPROVED FOR AND PER- 5 TAINING TO "ASSESSMENT DISTRICT NO. 24 " WHICH SAID PLANS AND DIAGRAM ARE REFERRED TO AND INCORPOR- 6 ATED IN SAID.RESOLUTION OF INTENTION, AND TO EN- LARGE THE BOUNDARIES OF THE ASSESSMENT DISTRICT 7 AND MODIFY THE WORK TO BE DONE AS DESCRIBED AND SHOWN ON SAID PLANS AND IN SAID RESOLUTION OF IN- 8 TENTION. 9 10 WHEREAS, the diagram or plat describing the boundaries of "ASSESS- 11 MENT DISTRICT NO. 2, " as heretofore approved by the Board of Directors of 12 County Sanitation District No. 7 of Orange County, California, and as referred 13 to and incorporated in Resolution of Intention No. 64-35-7, adopted March 11, 14 1964, does fix and establish the district and the boundaries thereof benefited by 15 the proposed acquisition, work and improvement and to be assessed to pay the 3.6 costs and expenses thereof, including incidental expenses; and 3.7 WHEREAS, the Plans for the construction of sanitary sewer improve- 18 ments in "ASSESSMENT DISTRICT NO. 2, " as heretofore approved by the 19 Board of Directors of County Sanitation District No. 7 of Orange County and 20 as referred to and incorporated in said Resolution of Intention No. 64-35-7, 21 and the description of work as contained in said resolution of intention, and the 22 description of easements and rights-of-way to be acquired as described in said 23 resolution of intention, do provide among other things for the construction of 24 sanitary sewers and appurtenances and appurtenant work in certain easements 25 therein described, and do also provide for certain work to be done as therein 26 described; and 27 WHEREAS, the Board of Directors of this district proposes to change, 28 modify and amend said plat and diagram of the assessment district so as to 29 include additional territory within the assessment district, and to change, 30 modify and amend said plans and the work therein provided for, and the said 31 Resolution of Intention No. 64-35-7, so as to add additional territory, and to add 32 certain work, delete certain world and relocate certain work, all as more speci- LAW OFFICES OF RIMEL&HARVEY FOURTH FLOOR 1010 NORTH MAIN ST. SANTA ANA•CALIFORNIA It ' f i 1 fically set forth and described in Exhibit "A" attached hereto and made a part 2 hereof for all purposes; and 3 WHEREAS, by Resolution No. 64-100-7 .of said District, Wednesday, 4 the 12th day of August, 1964, at the hour of 7:00 o'clock p, m, of said day, was 5 fixed as the day and hour and the regular meeting place of the Board of Direc- 6 tors of said District at 10844 Ellis Avenue, Fountain Valley, California, as the 7 place when and where any and all persons having any objection to the aforesaid 8 proposal to change, modify and amend the boundaries of the assessment dis- 9 trict, the plans, the work and said resolution of intention, may appear before 10 said Board of Directors and show cause why said change, modifications and 11 amendments should not be adopted; and 12 WHEREAS, the contractor to whom the contract was awarded for the 13 performance of the work under said Resolution of Intention No. 64-35-7 has 14 consented in writing to the making of the changes, modifications and amend- 15 ments hereinafter described, and the said written consent is on file with the 16 Secretary of said District; 17 NOW, THEREFORE, THE BOARD OF DIRECTORS OF COUNTY 18 SANITATION DISTRICT NO. 7 OF ORANGE COUNTY, CALIFORNIA, DOES 3.9 HEREBY RESOLVE AND ORDER AS FOLLOWS: 20 Section 1: That all of the sheets of the diagram or plat of the assess- 21 district, all of the sheets of the Plans, and the work therein described, and 22 Sections 2 and 4 of said Resolution of Intention No. 64-35-7, be and the same 23 hereby are changed, modified and amended in the particulars as set forth in 24 Exhibit "A" attached hereto, to which reference is hereby made and by such 25 reference Exhibit "A" is incorporated herein and made a part hereof for all 26 purposes. That the proposed modified plat and diagram of the assessment dis- 27 trict and the proposed modified plan sheets referred to in said Exhibit "A" have 28 been received and filed by this Board of Directors and are on file in the office 29 of the Secretary of this District. 30 Section 2: That the said Board of Directors does hereby state and de- 31 termine that the said changes, modifications and amendments to the diagram 32 and boundaries of the assessment district, the Plans, said Resolution of Inten- LAW OFFICES OF RIMEL&HARVEY + FOURTH FLOOR 1010 NORTH MAIN ST. BANTA ANA,CALIFORNIA -2- t � I tion and work will result in an increase of approximately $10, 500. 00 in the cost 2 of the construction work and in the cost of the entire work. That the original 3 cost of the entire work as determined from the successful bid was $323, 540. 00 4 and the changes proposed to be made will not exceed the cost limitations as set 5 forth in Section 5234 of the Streets and Highways Code of the State of California. 6 That sai:d Resolution of Intention No. 64-35-7 and the plat or diagram of the 7 assessment district and the Plans hereinabove referred to are on file in the 8 office of the Secretary of this District. 9 Section 3: That the said Resolution of Intention No. 64-35-7, the 10 plat or diagram of the assessment district, the Plans therein mentioned and 11 described, and the work therein described and call for, and all subsequent pro- 12 ceedings had and taken thereunder, be and the same hereby are changed, modi- 13 fied and amended to conform to the said changes, modifications and/or amend- 14 ments more particularly set forth and described in said Resolution No. 64-100-7 15 ADOPTED, SIGNED AND APPROVED this 12th day of August 16 1964. 17 18 _ ATTEST: Uhairman 19 20 Q, 21 ;Secretary 22 23 24 25 26 I 27 28 29 30 31 32 LAW OFFICES OF AIMEL&HARVEY FOURTH FLOOR IOIO NORTH MAIN ST. �J iANTA ANAL CALIFORNIA -3-- 1 EXHIBIT "A" IN THE MATTER OF THE CONSTRUCTION OF SANITARY SEWERS AND 21 APPURTENANCES AND APPURTENANT WORK IN "ASSESSMENT DISTRICT NO. 2," COUNTY SANITATION DISTRICT NO. 7 OF ORANGE COUNTY. 3 . 4 PROPOSED CHANGES, MODIFICATIONS AND AMENDMENTS TO THE WORK, THE PL ANSp AND THE RESOLUTION OF INTENTION: 5 6 1 . That SECTION 22 entitled, "DESCRIPTION OF WORK" of Resolution of 7 Intention No. 64-35-7 of County Sanitation District No. 7, adopted March 11, 8 1964, be and the same hereby is amended, modified, changed and revised by revising, changing., modif ing and amending the following: i 9 particularly 9Y 10 A. LIVINGSTON STREET, including the description of work in 11 Livingston Street to read as follows: 12 "LIVINGSTON STREET i3 between Lillian Way and a point approximately 160 feet northerly of the centerline 14 of Bigelow Park (including work in the intersection of Livingston Street and 15 Lillian Way and the intersection'of Livingston Street and Bigelow Park) - all 16 as shown on Sheet 21 and proposed Sheets 22 and 32 (modified) of said Plans; and in ' 17 B. BIGELOW PARK, including the description of work in Bigelow Park 18 to read as follows: 191 "B I G E LOW PARK 20 between the centerline of Prospect Avenue and a point approximately 250 feet 21 westerly of the centerline of Holt Avenue (including work in the intersection 22 of Prospect Avenue and Bigelow Park and the intersection of Bigelow Park and 23 Lambeth Way) - all as shown on proposed Sheets 20 and 32 (modified) of said Plans 24 and on proposed new Sheet 40; and in" 25. 2. That the plans, profiles and drawings as filed and approved and as •26 referred to in SECTION 3 of said Resolution of Intention 64-35-7 be modified, 27 amended, changed and revised as follows: 28 A. That Sheet 20 of the said Plans be amended, modified, changed { 29 � and revised by adding house laterals to Lots 8 and 9 of Tract No. 2301 and to 30 conform with the proposed new work shown on proposed new Sheet 40. 3 1 B. That Sheet 22 of the said Plans be amended, modified, changed and 2 revised by deleting therefrom work southerly of the centerline of Bigelow Park, i EXHIBIT '`A" - 1 RESOLUTION OF MODIFICATION li EXHIBIT "A", Assessment District No_. 2 continued �i I including the deletion of the house lateral to Lot 15 of Tract 2301, and by 2 I adding thereto additional work northerly of Bigelow Park, including the addition 3 of house laterals to Lots 12 and 13 of Tract 2301, as shown on proposed Sheet a, 22 (modified) . 5 i C. That Sheet 32 of said Plans be amended, modified, changed and 6 revised by adding thereto additional work between Howland Way and Livingston 7 Street, including the addition of house laterals to Lots 14 and 15 of Tract 2301, 8I as shown on proposed Sheet 32 (modified) . 9 D. That proposed new Sheet 40 be added to the Plans, profiles and 10 drawings referred to in said Resolution of Intention No. 64-35-7 to add the 11 work between Livingston Street and Holt Avenue, as shown on proposed new Sheet 40. 12 E. That Sheet 2 of said Plans be amended, changed and revised so as 13, to conform to the proposed modifications to the other plans and sheets hereinabove 141 designated. 15` That said proposed Sheets 2, 20, 22, 32 (modified) and proposed new Sheet 16 40 hereinabove mentioned have been received and filed by the Secretary of County 17 Sanitation Districts of Orange County, California, and are on file with the 18 Secretary thereof. 19 3. That the plat consisting of 14 sheets, numbered 1 to 14, inclusive, 20 entitled "Diagram Exhibiting the Property Affected or Benefited by and to be 21� he Cost and Expenses of the Improvement of Sanitary Sewers i Assessed to Pay t Co p p 22I in Assessment District No. 2, County Sanitation Districts of Orange County, 23 California, District No. 7, February, 1964," referred to in Section 4 of said 24 `1 Resolution of Intention No. 64-35-7 be modified, amended, changed and revised I 25. 1 as follows: .26 A. That Sheets 2, 3, 7 and 8 be amended, modified, changed and 27 revised by adding thereto all that certain territory within Tract 5244, per map 28 recorded in Book 188, pages 36, 37 and 38 of Miscellaneous Maps of Orange County; 29 i Lots 1, 2, 3, 4, 5, 6, 7, 10, 11, 12, 13, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27 30 � and 28 of Tract 2301, per map recorded in Book 68, pages 5 and 6 of Miscellaneous 31 Maps of Orange County; a part of Raymundo Yorba Allotment and a part of Leonor 321 Yorba de Rowland Allotment in Section 9, Township 5 South, Range 9 West, as per map � -2- �: EXHIBIT "A" - 2 i s I RESOLUTION OF MOD. (-ION ,. EXHIBIT "All., Assessment District No. 2 continued. 1 �i of Partition of the Rancho Santiago de Santa Ana, recorded in Book "B'.' of Judgments j 2 of the 17th Judicial District Court, Los Angeles County, California; and a portion 3 { of Lot 6 of the Vanderlip and Rowan Tract, per map. recorded in Book 5, page 160 of 4 Miscellaneous Records of Los Angeles County, California - all as shown on proposed 5.1 Sheets 2, 3, 7 and 8 (modified). 6 B. That Sheet 1 of said plat be amended changed and revised so as 711 to conform with the proposed modifications to the other sheets hereinabove 81 des i gna red. I 9 That said proposed Sheets 12 22 3, 7 and 8 (modified) hereinabove 10 mentioned have been received and filed by the Secretary of County Sanitation 11 Districts of Orange County California, and are on file with the Secretary thereof. 12 4. The above changes will increase the estimated quan i ty of 8-inch V.C.P. 1 3i sewer; will increase the estimated quanity of 4-inch V.C.P. . house lateral; will 14 increase the estimated quanity of standard manholes; and will result in an 15 estimated increase in the cost of the work of approximately $10,500. 16 i 17 18 19 20 21 22 23 1 24 25. .26 II 27 28 29 30 31 i 32 -3- . f EXHIBIT "A'' - 3 i PJI AU G - s 1964 COUNTY SANITAT':f1=-'s i .� CERTIFICATION I, Fred A. Harper Secretary of COUNTY SANITA- 3 TION DISTRICT NO. 7 OF ORANGE COUNTY, CALIFORNIA, do hereby certify that the foregoing Resolution No. 64-117-7 was duly adopted at an adjourned 5 regular meeting of the Board of Directors of said County Sanitation District 6 No. 7 of Orange County, held on the 12th day of August , 1964, by 7 the following vote of the members of the Board: g . AYES: Directors Sheridan, Cook, Hall, Meyers, g Parks and Phillips 10 NOES: Directors None 11 ABSENT: Directors None 1 2 and I further certify that M. J. Sheridan as Chairman J. and - Secretary signed and 13 � V Fred A.,_ Harper as Se y ., g approved the said 4 / 1 re s_olutioft:on the 12th day of August , 1964. Q . ecre ary oun Sanitation is ric w6 _(Seal) No. 7 oFOrange County 17 - 18 19 20 STATE OF CALIFORNIA ) ss. 21 County of Orange ) 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. 64-117-7 25 Ii passed and adopted by the Board of Directors of said County Sanitation District 26 1 No. 7 of Orange County at an adjourned regular meeting thereof held on the 27 �� 12th day g of August 1964. , 28 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the it 29 offi:ctal_Seal'of said District this 12th day of August 1964. Secretary , County a a ion is ric r (SEAL) No.7 oTOrange County LAW OFFICES OF RIM_—L&HARVEY — I FOURTH FLOOR SO:O NORTH MAIN Si. �s + ._sANTA ANA.CALIFORNIA i t f i, s 1 COUNTY SANITATION DISTRICT NO. 7 OF ORANGE COUNTY 2 ASSESSMENT DISTRICT NO. 2 3 4 AFFIDAVIT OF MAILING AND POSTING 5 6 STATE OF CALIFORNIA ) ) ss. 7 County of Orange ) 8 FRED A. HARPER, being first duly sworn, deposes and says: 9 That at all times herein mentioned, he was and now is the duly appointed and acting Secretary of County Sanitation District No. 7 of Orange 10 County, California; 11 That pursuant to statute, the "Improvement Act of 1911, " Part 3 of Division 7 of the Streets and Highways Code of the State of California, he 12 deposited in the United States mail, with postage prepaid, a Notice of Filing Assessment, a copy of which is attached hereto, for the work and improve- 13 ment consisting of the construction of sanitary sewers and appurtenances and appurtenant work in "ASSESSMENT DISTRICT NO. 2" in said sanitation district, 14 as per Resolution of Intention No. 64-35-7, as amended by Resolution No. 64- 117-7 of said district. Said notices were mailed to all persons whose names 15 and addresses appear on the last equalized tax or assessment roll of the County of Orange, State of California, and said notices were prepared and mailed pur- 16 suant to the requirements of Sections 5362 to 5365, inclusive, of the above S n mentioned Code, and were deposited in the United States Post Office at ExacutbRal 17 VaLIr California, on the 30th day of March , 1965. 18 That also pursuant to said statute and/or Code, he duly posted con- spicuously near the Chamber door of the Board of Directors of said sanitation 19 district a copy of the published notice of filing said assessment, a copy of which notice is also attached hereto; that said last named notice was so posted 20 for the first time on the255th day of March 1965, and the same remaine 21 so posted for five full days Tereafter. _ 22 IZC� . 23 24 Subscribed and sworn to before me thisz: 1st day of j4arch 1965. 25 /' 26 _ -� 27 u c in r ai coun y an s a e. i _ % JOI'.•! W.A`iN S WESTER 28 ! My E hires1. Feb. 5,. 1944. 29 30 -_ 31 32 LAW OFFICES or RIMEL.HARVEY& HEL9ING FOURTH FLOOR IWO NORTH MAIN ST. 6ANTA ANA. CALWORNIA92701 i 1 NOTICE OF FILING ASSESSMENT FOR THE WORK AND IMPROVEMENT CONSISTING OF THE CONSTRUCTION 2 OF SANITARY SEWERS AND APPURTENANT WORK IN "ASSESSMENT DISTRICT NO. 211 IN COUNTY SANITA- 3 TION DISTRICT NO. 7 OF ORANGE COUNTY, AS CON- TEMPLATED BY RESOLUTION OF INTENTION NO. 64- 4 35-70 AS AMENDED BY RESOLUTION NO. 64-117-711 AND OF THE TIME AND PLACE OF HEARING AS TO 5 SAID WORK AND ASSESSMENT. 6 7 Pursuant to statute, the "Improvement Act of 1911, " Division 7 of 8 the Streets and Highways Code of the State of California, NOTICE IS HEREBY 9 GIVEN that the Engineer of Work of County Sanitation District No. 7 of Orange 10 County, California, having made an assessment to cover the costs and expenses 111 of the work and improvement consisting of the construction of sanitary sewers 12 and appurtenances and appurtenant work in "ASSESSMENT DISTRICT NO. 2" 13( in said sanitation district, as contemplated by Resolution of Intention No. 64- 141 35-7, adopted by the Board..bf. Directors of said district on March 11, 1964*3 15 as amended and modified by Resolution No. 64-117-7, adopted by said Board of 161 Directors on August 12, 1964, filed the same in my office on the 25th day of 17 March 1965. 18 I hereby fix Thursday the 15th day of April 1965, 19 at the hour of 7:00 o'clock P. m. , and the regular meeting place of the Board 20 of Directors of said County Sanitation District No. 7 of Orange County at 10844 21 Ellis Avenue, Fountain Valley, Orange County, California, as the time and 22 place when and where all persons interested in the work done or in the said 23 assessment will be heard by the said Board of Directors. Property owners, 24 the contractor or his assigns, and all persons interested in said work or said 25 ! assessment, feeling aggrieved by any act or determination of the Engineer of 261 Work in relation thereto, or who claim that the work has not been performed i 271 according to the contract in a good and substantial manner, or who claim that 28 any portion of the work was for any reason omitted or irregularly included in 29 the contract for the same, or having or making any objection to the correctness 301 of the assessment or diagram or other act, determination or proceeding of the 31 Engineer of Work shall, prior to the date set for the hearing on the assessment, 32 ; appeal to the said Board of Directors by briefly stating in writing the grounds of LAW OF71CCO OR RIMEL.HARVEY se i HELSING FOURTH FLOOR 1010 NORTH MAIN ST. SANTA ANA. -1- CALIFORNIA 92701 1 appeal. All such protests, objections and appeals are required by law to be in 2 writing. For a description of said work, reference is hereby made to the above 3 mentioned Resolution of Intention No. 64-35-7, as amended by Resolution No. 4 64-117-7. 5 Dated this 25th day of March 1965. 6 FRED A. HARPER, Secretary 7 County Sanitation District No. 7 of Orange County, California. 9 10 11 12 13 14 151 16' 17 18 19 20 21 22 23 24 25 26 i 271 28 29 30 31 32 LAW OFFICES of RIMEL.HARVEY dt HELSING FOURTH FLOOR 3010 NORTH MAIN ST. SANTA AMA. -2- CALiFORN1A 92701