HomeMy WebLinkAboutResolution 1969 - 0104-71
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LAW OFFICES OF
RIMEL HARVEY A
HE1~SING
FOURTH FLOOR
1010 NORTH MAIN ST.
SANTA ANA.
CALIFORNIA 02701
RESOLUTION OF INTENTION NO.69-104-7
A RESOLUTION OF THE BOARD OF DIRECTORS OF
COUNTY SANITATION DISTRICT NO.7 OF ORANGE
COUNTY,CALIFORNIA,DECLARING ITS INTENTION
TO ORDER THE CONSTRUCTION OF SANITARY SEWERS
AND APPURTENANCES AND ALL APPURTENANT WORK
IN “ASSESSMENT DISTRICT NO.8”IN SAID SANITATION
DISTRICT;DECLARING ITS INTENTION TO ORDER THE
ACQUISITION OF CERTAIN LANDS,RIGHTS-OF-WAY AND
EASEMENTS NECESSARY IN CONNECTION WITH SAID WORK
AND IMPROVEMENT AND TO ASSESS THE COSTS OF SAID
ACQUISITION,INCLUDING THE INCIDENTAL COSTS AND
EXPENSES THEREOF,AS PART OF THE COST OF SAID
WORK AND IMPROVEMENT;DECLARING THE ACQUISITION
OF SAID LANDS,RIGHTS-OF-WAY AND EASEMENTS AND
THE WORK AND IMPRO VEMENT TO BE OF MORE THAN
LOCAL OR ORDINARY PUBLIC BENEFIT AND DESCRIBING
THE DISTRICT TO BE BENEFITED BY SAID ACQUISITION,
WORK AND IMPROVEMENT AND TO PAY THE COSTS AND
EXPENSES THEREOF;FIXING THE TIME AND PLACE FOR
HEARING OF OBJECTIONS TO SAID ACQUISITION,WORK
AND IMPROVEMENT.
THE BOARD OF DIRECTORS OF COUNTY SANITATION DISTRICT
NO.7 OF ORANGE COUNTY,CALIFORNIA,pursuant to the provisions of
Article 4.5,Chapter 3,Part 3,Division 5 of the Health and Safety Code of
the State of California,and to the provisions of the “Improvement Act of
1911,”being Division 7 of the Streets and Highways Code of the State of
California,does RESOLVE as follows:
ACQUISITION
SECTION 1 That the public interest,necessity and convenience
require,and it is the intention of the Board of Directors of COUNTY SANI
TATION DISTRICT NO.7 OF ORANGE COUNTY to order the acquisition of
the following described lands,easements and rights-of-way,all of which
are hereby determined to be necessary in connection with the work and
improvement consisting of the construction of sanitary sewers and all
appurtenances and appurtenant work,described in Section 2 hereof,for the
said “ASSESSMENT DISTRICT NO.8,”and to assess the costs of said acqui
sition,including all incidental expenses thereof,as a part of the cost of said
work and improvement,to-wit:
A perpetual easement and right-of-way for all public sewer purposes
—1—
1 in,over,under,along,through and across the following described parcels
2 of real property situated in the County of Orange,State of California,and
3 as shown on the Plans,to-wit:
4 (1)Easement No.1 (Willis Lane)
5 Those certain easements shown as “Private Road Easement”and
6 “Easement for Ingress and Egress (Proposed)”on a map filed in
7 Book 6,pag?50 of Parcel Maps of Orange County,California.
8 (2)Easement No.2 (Hinton Way)
9 That certain 50-foot wide strip of land shown as “Road Easement”
10 lying within and adjacent to the Southeasterly line of Lot 9 of El Modena
11 Citrus Lands (per M.M.6/32)on a map filed in Book 45,page 22 of
12 Records of Survey of Orange County,California,and its northeasterly
13 prolongation to the Southwesterly lines of Parcel 3 as shown on a map
14 filed in Book 79,page 48 of said Records of Survey.
15 (3)Easement No.3 (El Roy Drive)
16 That portion of the 50-foot wide strip of land shown as “ROAD
17 EASEMENT”in Lot 10 of El Modena Citrus Lands (per M.M.6/32)on
18 a map filed in Book 45,page 22 of Records of Survey of Orange County,
19 California,lying 25 feet on each side of that certain course therein
20 shown as North 350 18’45”East 1015.17 feet except that portion within
21 Newport Avenue.
22
I DESCRIPTION OF WORK
23
24 SECTION 2 That the public interest and cdnvenience requii’e and
25 it is the intention of the Board of Directors of COUNTY SANITATION DIS
26 TRICT NO.7 OF ORANGE COUNTY,California,to order the following work
27 and improvement,to-wit:
28 I The construction of sanitary sewers,appurtenances and all other
29 appurtenant work in connection therewith;in
30 EASEMENT NO.1 (Willis Lane
31 for public sewer purposes (as described in Section hereof),as shown on
32 i Sheet 3 of the Plans hereinafter referred to;and in
LAW OFFICER OF
RIMCL.HARVEY &
HELRINO
FOURTH FLOOR
1010 NORTH RAIN ~—2—
SANTA ANA.
CALIFORNIA 92701 I
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LAW OFFICES Or
RIM~L.HARVEY &
HELSING
FOURTH FLOOR
1010 NORTH MAIN ST.
SANTA ANA.
CALIFORNIA 92701
o EASEMEI’JTNO.2
(Hinton Way)
for public sewer purposes (as described in Section 1 hereof),as shown on
Sheet 4 of said Plans;and in
EASEMENT NO.3
(El Roy Drive)
for public sewer purposes (as described in Section 1 hereof),as shown on
Sheet 5 of said Plans;and in
GREENWALD LANE
between the northeasterly line of Newport Avenue and a point approximately
800 feet northeasterly thereof,as shown on Sheet 2 of said Plans;and in
DANIGER ROAD
between the northeasterly line of Newport Avenue and a point approximately
1,100 feet northeasterly thereof,as shown on Sheet 6 of said Plans;and in
NEWPORT AVENUE
between the southwesterly prolongations of the northwesterly line of
Greenwald Lane and the southeasterly line of Daniger Road (including work
in the intersection of Daniger Road and Newport Avenue,and in the inter
section of Greenwald Lane and Newport Avenue),all as shown on Sheets 2,
3,4,5 and 6 of said Plans.
PLANS,PROFILES,DRAWINGS AND SPECIFICATIONS
SECTION 3 That all of the said work and improvement to be done
as described in Section 2 of this Resolution shall be constructed upon the
grades,along the lines,between the points,of the dimensions,at the
places and in the manner shown on the plans,profiles and drawings for the
construction of the said work and improvement in “ASSESSMENT DISTRICT
NO.8”for County Sanitation District No.7 of Orange County,California,
consisting of 6 sheets,numbered 1 to 6,inclusive,and identified as
“Construction Plans for the Sanitary Sewer System in Assessment District
No.8,County Sanitation District No.7 of Orange County,California,”
dated November,1969,all of which plans are on file in the office of the
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1 Secretary of County Sanitation District No.7 of Orange County,California,
2 and in the office of the Engineer of Work,and except as otherwise provided
3 on said plans,in further accordance with the specifications for the construe-
4 tion of said work and improvement,said specifications being on file in the
~office of the Secretary of County Sanitation District No.7 of Orange County,
6 California (and in the office of the Engineer of Work),and to which plans,
7 profiles,drawings and specifications,heretofore approved by the Board
8 of Directors of County Sanitation District No.7 of Orange County,reference
9 is hereby made for a further,full and more particular description of said
10 work.
11 That work and grading and grades shall be in accordance with the
12 grades as shown on said plans,profiles and drawings hereinabove mentioned,
13 which said grades may be different from the grades heretofore existing,
14 established or adopted.
15 That all of the easements and rights-of-way for public sewer pur
16 poses hereinabove described are shown upon the said plans,profiles and
17 drawings hereinabove described.
18
DESCRIPTION OF ASSESSMENT DISTRICT
3.9
20 SECTION 4 That the said acquisition of lands,easements and
21 rights-of-way for all public sewer purposes and the said contemplated work
22 and improvement,as aforesaid,is of more than local or ordinary public
23 benefit and the said Board of Directors hereby makes the expenses of said
24 acquisition,work and improvement chargeable upon a district,which said
25 district the Board of Directors hereby declares to be the district benefited
26 by said acquisition,work and improvement and to be assessed to pay the
27 costs and expenses thereof,including incidental expenses and costs,and
28 which district is described as follows:
29 All that certain territory situated in the unincorporated territory of
30 the County of Orange included within the exterior boundary lines shown on
31 the plat exhibiting the property affected or benefited by or to be assessed
32 to pay the costs and expenses of said acquisition,work and improvement in
LAW OFFICES OF
•RIMEL HARVEY 8.
HELSING
FOURTH FLOOR
1010 NORTH MAIN ST.
•SANTA ANA.
CALIFORNIA 92702 —4—
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LAW OFFICES OF
RIMEL HARVEY &
HELSING
FOURTH FLOOR
1010 NORTH MAIN OF.
SANTA ANA.
CALIFORNIA 92701
N
said “ASSESSMENT DISTRICT NO.8,”which said plat consists of two
sheetsand is entitled “Proposed Boundaries of Assessment District No.8,
County Sanitation District No.7 of Orange County,Calif.,”dated June,
1969,and which was finally approved by the Board of Directors of said
County Sanitation District No.7 of Orange County on November 25,1969,
indicating by said boundary lines the extent of the territory included within
the proposed assessment district,arid which map or plat is on file in the
office of the Secretary of County Sanitation District No.7 of Orange County,
California,and a copy of which is on file in the office of the Engineer of
work,EXCEPTING FROM the area shown within and delineated upon said
map or plat hereinabove referred to,the area of all public streets,public
avenues,public lanes,public roads,public drives,public courts,public
allesy and all easements and rights-of-way therein contained belonging to
the public,and any lot or parcel of land belonging to the United States,and
also excepting therefrom any lot~or parcel of land belonging to the State of
California or to the County of Orange or to the Orange County Flood Control
District,which lot or parcel of land is in use for the performance of any
public function,and all such property above mentioned and described as
being excepted from the area shall be omitted from the assessment herein
after to be made to cover the costs and expenses of such acquisition,work
and improvement.Lots or parcels of land owned by school boards,school
districts or other public or private educational authorities,whether or not
devoted to public or school uses and purposes,shall not be excepted or
omitted from said district or from said assessment,but shall be included
in said assessment.Reference is hereby made to said plat for further,full
and more particular description of the said assessment district,and the
said plat so on file shall govern for all details as to the extent of said,
assessment district.
DESCRIPTION OF BONDS
SECTION 5 That serial bonds,bearing interest at the rate of
seven per cent (7%)per annum,shall be issued to represent each assessment
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LAW OFFICES OF
RIMEL.HARVEY &
H S LS IN S
FOURTH FLOOR
1010 NORTH MAIN ST.
SANTA ANA.
CALIFORNIA 02701
$20,000.00
•$70,000.00
•$90,000.00
of Fifty Dollars ($50.00)or more remaining unpaid at the expiration of
the last date fixed for payment of assessment in the notice to property
owners mailed pursuant to the provisions of Section 5390 of the Streets
and Highways Code of the State of California.Said 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.Payments on
the principal of unpaid assessments and interest thereon shall be made by
property owners to the County Treasurer and the same shall be disbursed
by said County Treasurer,all as provided in the “Improvement Act of 1911”
hereinafter referred to.
This Board of Directors does hereby elect and determine to have
the redemption provisions of said bonds provide a premium of five per
cent (5%)of the unmatured principal in accordance with the provisions of
Section 6464 of the Streets and Highways Code of the State of California.
ESTIMATED COSTS AND EXPENSES
SECTION 6 That the estimated costs and expenses of said acqui
sition,work and improvement,inclusive of the incidental expenses of the
proceedings under said Resolution of Intention,are as follows:
Estimated costs of all incidental expenses,
EXCEPT cost of acquisition of rights-of-way
and easements and incidental expenses incurred
in acquisition $18,000.00
Estimated costs and expenses of acquisition of
rights-of-way and easements 2,000.00
TOTAL ESTIMATED COSTS OF INCIDENTA.LS,
including acquisition of rights-of-way and ease-
me nts
Estimated costs and expenses of the work and
improvement,excluding all incidentals
TOTAL ESTIMATED COSTS AND EXPENSES
_________
TIME AND PLACE OF HEARING
SECTION 7 NOTICE IS HEREBY GIVEN that on the ~3th day of
______________
1970
,
at the hour ~?‘:3O
.
o’clock p.m.,in the
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LAW OFFICES OF
RIMEL.HARVEY &
HELSING
FOURTH FLOOR
1010 NORTH MAIN ST.
SANTA ANA.
CALIFORNIA 92701
a
Chambers of the Board of Directors of County Sanitation District No.7 of
Orange County,10844 Ellis Avenue,Fountain Valley,California,any and
all persons having any objections to the proposed acquisition,work or
improvement,or to the extent of the assessment district,or to the pro
posed grades,may appear and show cause why said acquisition and/or said
work should not be done or carried out in accordance with this Resolution of
Intention.Protests must be in writing and must contain a description of the
property in which each signer thereof is interested,sufficient to identify
the same,and must be delivered to the Secretary of the Board of Directors
of County Sanitation District No.7 of Orange County prior to the time set
for the hearing and no other protests or objections will be considered.If
the signer of any protest is not shown upon the last equalized assessment
roll of Orange County as the owner of the property described in the protest,
then such protest must contain or be accompanied by written evidence that
such signer is the owner of the property so described.
IMPROVEMENT ACT
SECTION 8 That all of the acquisitions and the work herein pro
posed shall be done and carried through in pursuance of an Act of the Legis
lature of the State of California,designated as the “Improvement Act of
1911,”being Division 7 of the Streets and Highways Code of the State of
California.
That prior to the adoption of this resolution,there was presented
to this Board of Directors and filed with the Secretary of this District a
written petition pursuant to the provisions of Section 2804 of the Streets and
Highways Code of the State of California,being a part of the “Special
Assessment Investigation,Limitation and Majority Protest Act of 1931,
signed by the owners of more than 60%in area of the property proposed to be
subjected to assessment for the proposed improvement;that in addition,
there was presented to this District a written communication from the
County Health Officer of Orange County pursuant to the provisions of Sec
tion 2808 of the Streets and Highways Code of the State of California,being
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LAW OFFICER OF
RIMEL HARVEY &
HEL.SING
FOURTH FLOOR
1010 NORTH MAIN ST.
SANTA ANA.
CALIFORNIA 92701
a part of said “Special Assessment Investigation,Limitation and Majority
Protest Act of 1931,”pertaining to “ASSESSMENT DISTRICT NO.8”;that
thereafter in accordance with the provisions of Sections 2804 and 2808 of
said Streets and Highways Code,the Board of Directors of County Sanitation
District No.7 of Orange County did duly and regularly adopt its Resolution
No.69-18-7 on March 12,1969,determining to proceed under the provisions
of the “Improvement Act of 1911”with further reference to or application
of the provisions of the said “Special Assessment Investigation,Limitation
and Majority Protest Act of 1931.
That thereafter,an additional written communication was received
from the County Health Officer of Orange County dated June 26,1969,
recommending the construction of sanitary sewers in the original area above
mentioned and in additional adjoining area,and the Board of Directors of
this District did duly and regularly adopt its Resolution No.
_____________
on November 25,1969,again determining to proceed under the provisions
of the “Improvement Act of 1911”as to all of the territory mentioned in
said letter without further reference to or application of the provisions of
the said “Special Assessment Investigation,Limitation and Majority Protest
Act of 1931.
PROPERTY OWNERS NOT TO TAKE CONTRACT
SECTION 9 Pursuant to the provisions and the authority granted
by Section 5260 of the Streets and Highways Code of the State of California,
the Board of Directors of County Sanitation District No.7 of Orange County,
does hereby determine and declare that,in the opinion of this Board of
Directors,the public interest will not be served by allowing the property
owners to take the contract and the property owners will not be allowed or
permitted to take the contract.The Board of Directors of said County Sani
tation District No.7 of Orange County does further hereby determine and
declare that the contractor to whom the contract is awarded may sign said
contract immediately upon the award of the contract and must execute said
contract and file the required bonds with said County Sanitation District
No.7 of Orange County within twenty-five (25)days after the date of first
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PUBLICATION OF RESOLUTION OF INTENTION
SECTION 10 That THE TUSTIN NEWS,a weekly newspaper
printed,published and of general circulation within County Sanitation District
No.7 of Orange County is hereby designated as the newspaper in which this
Resolution of Intention shall be published by the Secretary,in the manner
and form provided by law,and for making all other publications in the pro
ceedings under this Resolution of Intention,unless otherwise provided.
The Secretary is directed to mail notices of the adoption of this
Resolution of Intention to all persons owning real property proposed to be
assessed,whose names and addresses appear on the last equalized assess
ment roll for County taxes,or as known to the Secretary,all in the manner
and form provided for under Sections 5070,5194 and 5195 of said “Improve
ment Act of 1911”of said Streets and Highways Code.
POSTING OF NOTICE OF IMPROVEMENT
SECTION 11 That the Engineer of Work shall cause to be conspicu
ously posted along the line of said contemplated work or improvement and
along all open streets within the district liable to be assessed for said
acquisition and work,notices of the passage of this Resolution of Intention
in the time,manner and form provided by said Code.
FILING MAP OF ASSESSMENT DISTRICT
SECTION 12 That the Secretary is directed to endorse on the ori
ginal and on at least one copy of the map or plat of the assessment district as
referred to in Section 4 hereof his certificate evidencing the date and adoption
of this Resolution of Intention,and he is further directed to file the original
of such map or plat in his office,and within fifteen (15)days after the adoptior
of this resolution and in no event later than fifteen (15)days prior to the date
of hearing as provided in Section 7 hereof,he is further directed to file a
copy of said map or plat,with his endorsement thereon,with the County
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publication of notice of award of contract.1
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LAW OFFICES OF
RIMEL,HARVEY &
HELSING
FOURTH FLOOR
1010 NORTH MAIN 5T.
SANTA ANA.
CALIFORNIA 92702
1 Recorder of Orange County,California,all in the manner and form provided
2 for in Section 3111 of the Streets and Highways Code of the State of Cali
3 fornia.
4 PASSED AND ADOPTED BY THE BOARD OF DIRECTORS OF
5 COUNTY SANITA’nON DISTRICT NO.7 OF ORANGE COUNTY at a regular
6 meeting thereof held this 25th.day of November,1969.
‘1
8 ATTEST:/citft~n ~,1~fli1er
~nai rman
9
i~,i Pre~i A.R~rper
10 Secretary
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LAW OFFICCS OF
RIMEL.HARVEY &
HELSING I
FOURTH FLOOR
IOIO NORTH MAIN ST.
SANTA ANn.
CALIFORNIA 92701
CERTI FICATION
I,FRED A.HARPER,Secretary of COUNTY SANITATION DISTPLIC’l
NO.7 OF ORANGE COUNTY,California,do hereby certify that the foregoing
Resolution No.69-104-7 was duly adopted at a regular meeting of the
Board of Directors of said County Sanitation District No.7 of Orange County
held on the 25th day of November,1969,by the following vote of the members
of the Board:
AYES:Directors ~~~
NOES:Directors ~
ABSENT:Directors ~
and I further certify that ~.ftcx~~,
as Chairman,and
FRED A.HARPER,as Secretary,signed and approved the said Resolution on
the 25th day of November,1969.
~L Thrt ~ni i~oi~
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LAW OFFICES OF
RIM EL,HARVEY &
H ELS I N G
FOURTH FLOOR
1010 NORTH MAIM ST.
SANTA AMA,
CALIFORNIA 927O~
Secretary,Couniy SanitätIô4Dist~i~N~~’T
of Orange County,California
STATE OF CALIFORNIA )
)ss.
County of Orange )
I,FRED A.HARPER,Secretary of COUNTY SANITATION DISTRICT
NO,7 OF ORANGE COUNTY,California,do hereby certify that the foregoing
is a full,true and correct copy of Resolution No.69-104-7
,passed and
adopted by the Board of Directors of said County Sanitation District No.7 of
Orange County at a regular meeting thereof held on the 25th day of November,
1969.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed the
official seal of this District this 25th day of November 1969.
Secretary,County Sanitation ~~ict No.7
of Orange County,California