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Home My WebLink AboutResolution 1976 - 0131e TLW:p j 08/18/77 RESOLUTION NO.76-131-7 AUTHORIZING INITIATION OF PROCEEDINGS ANNEXATION NO.55 A RESOLUTION OF THE BOARD OF DIRECTORS OF COUNTY SANITATION DISTRICT NO.7 OF ORANGE COUNTY, CALIFORNIA,AUTHORIZING THE INITIATION OF PRO CEEDINGS TO ANNEX TERRITORY TO THE DISTRICT (ANNEXATION NO.55)TO COUNTY SANITATION DISTRICT NO.7 AND ESTABLISHING ACREAGE FEES THEREFOR. The Board of Directors of County Sanitation District No. 7 of Orange County,California, DOES HEREBY RESOLVE,DETERMINE AND ORDER: That an application for annexation of territory to itself be made to the Local Agency Formation Commission as follows: Section 1 That this proposal is made pursuant to Division 1 (District Reorganization Act of 1965)of Title VI of the California Government Code;and, Section 2 That this application is for the purpose of annexing approximately 107.88 acres in the vicinity of the territory known as Orange Park Acres,in the unincorporated territory of the County of Orange,to provide sanitary sewer service to said territory;and, Section 3 That the territory to be annexed is uninhabited; and, Section 4 That the designation assigned to the territory proposed •to be annexed is “Annexation No.55 —Ridgeline/Lazy B Annexation to County Sanitation District No.7,the boundaries of which are more particularly described and delineated on Exhibit “A”and Exhibit “B”attached hereto and by reference made a part of this Resolution;and, Section 5 Prior to completion of annexation.proceedings, the owners of subject property shall execute an agreement between themselves and County Sanitation District No.7 relating to the deferral of payment of a portion of the District’s annexation fees;and, Section 6 The annexation acreage fee for the said annexa tion is hereby established at Eight Hundred Twenty-Eight ($828.00)Dollars per acre;and, Section 7 That certain agreement as referenced in Section .5 above,is hereby attached as Exhibit “C”,and incorporated herein by reference.Said agreement shall provide in part for the deferral of a portion of the obligation of the owners to District arising out of the annexation acreage fees based upon the fact of 42.74 acres of land not being utilized for any purpose requiring sewer service;and SectIon 8 A request is hereby made that the proceedings as are required by law be taken to complete this annexation. PASSED AND ADOPTED at a regular meeting held this 14th day of July,1976. —2— ALLL~XATIO~~i MO 55 RI%E-LIt~JE./L.A2Y ~TO O1JHTY 5A~JITATIO~’J DI5TKICT N07 (BOUNDARY) ALL THAT LAND SITUATED IN THE RANCHOSANTIAGO DE SANTA ANA,PARTLY IN THE CITY OF ORANGE AND PARTLY IN THE UNINCORPORATED TERRITORY OF THE COUNTY OF ORANGE,STATE OF CALIFORNIA,DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST WESTERLY CORNER OF THAT CERTAIN TRACT OF .LAND DEEDED TO W.K.HILLYARD BY DEED RECORDED IN BOOK 102,PAGE 273 OF OFFICIAL RECORDS OF ORANGE COUNTY,.CALIFORNIA,SAID POINT BE~NG THE EAST END OF THE COURSE;“THENCE EAST 1304 FEET”,IN THE DESCRIPTION USED IN SAID DEED,AND RUNNING THENCE FROM SAID POINT OF BEGINNING AND • FOLLO~”ING ALONG THE ~‘ESTERLY BOUNDARY OF SAID TRACT OF LAND NORTH 17°O8’ •“I EAST 401.20 FEET;.ThENt~E NORTH 3°1 1’WEST,640.50 FEET;THENCE •NORTH 13”08’EAST 155.00 FEET;THENCE NORTH 9°28’EAST 368 FEET; ThENCE SOUTH 81”37’EAST 533.80 FEET;THENCE NORTH 87’44’EAST 310.70 FEET;THENCE N.8~55’OO”E.,455.70 FEET;THENCE N.5’08’OO”E.,337.20 FEET; THENCE N.23°27’OO”E.,154.10 FEET;THENCE N.43~’14’OO”E.,266.50 FEET TOTHE NORTH LINE OF SAID TRACT OF LAND;THENCE S.69°55’45”E.,ALONG •SAID NORTH LINE,350.00 FEET;THENCE LEAVING SAID NORTH LINE,S.42°OO’OO”E., 320.00 FEET;THENCE S.74°OO’OO”E.,300.00 FEET;THENCE S..35°OO’OO”E., 365.00 FEET;THENCE S.12°OO’OO”E.,440.00 FEET;THENCE SOUTH 340.00 FEET; THENCE S.13°OO’OO”W.,385 FEET;THENCE S.22°OO’OO”W.,370.00 FEET;THENCE •S.14°O0’OO”W.,280.00 FEET;THENCE S.9°OO’OO”E.,102.66 FEET TO A POINT IN THE NORTHERLY LINE OFAMAPOLA AVENUE (60 FEET WIDE)AS CONVEYED TO THE COUNTY OF ORANGE BY DEED RECORDED IN BOOK 644 PAGE 374 OF OFFICIAL RECORDS OF SAID COUNTY OF ORANGE,SAID POINT BEING ON.A NON—TANGENT CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 280.00 FEET,A RADIAL BEARS N.17°26’53”W.TO SAID POINT;1 THENCE WESTERLY ALONG SAID NORTHERLY LINE THROUGH A CENTRAL ANGLE OF 39°25’07”AND AN ARC DISTANCE OF 192.64 FEET; THENCE S.33°08’OO”W.,179.31 FEET TO A TANGENT CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 220.00 FEET;THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF ~56°.052~pO’AND AN ARC DISTANCE OF 218.35 FEET;THENCE WEST,17.03 FEET TOATHE WESTERLY LINE OF SA?D TRACT OF LAND DEEDED TO W.K.HILLYARD,SAID POINT BEING NORTH.538;79 FEET FROM THE NORTHERLY LINE OF ANNEXATION NO.72—27,MEASURED ALONG SAID WESTERLY LINE;THENCE NORTH, ALONG SAID WESTERLY LINE,252.62 FEET TO AN ANGLE POINT IN SAID LINE; THENCE WEST CONTINUING ALONG THE LINE OF SAID TRACT,1788.03 FEET TO THE POINT OF BEGINNING;CONTAINING 107.88 ACRES. EXHIBIT “A” EII~I~i.A~L.w~-li~-1 O~Jk1 F.~F~ ~A~J~Jt<ATIO~J ~—6~4 ~ L~I1 AR~A ov’I~J~R p~OLJk~flF.JG posrpo~MI~.J1 or ~IJ~J~xA1IohJ FEL~~5 42..74 AC.p~5 cJi~’c,p ORA,V~fl --~~Iry o,~-o7iA’xt 4 • R~2~~V’ t•~.94’ T 2~A!’ RAcQ(JEr C~(15 ~-.i.~‘~ZL2-1(. C.OI-4J1Y OF O~AIJG~ R.C.a /8752 c’D(°F Of~.A~JG~ o’i ~.~ r.~ PS 0 hAZY 8 QOh#~C~t.’~q5.5 ~7~4C ,E’/DGEZ~/AI~R4NCe’l $2.7oAC I 4 3r:3’of R.2W00’ 5A5r iia~o.r RID GEL /ZY 8 ANA’EXA T/OiV ‘~55 DISTRICT 7 ~i L/NQQUISr~ £ ~. T~1I~~2~ EAST iz 03’ EXHIBIT “B” ANH~XATIOH kJO.55 RIPGEUHa/LA2Y E TO ~tJ~~JTY 5AHITATIOt’J E~(5TRICT N~7 (BOUNDARY) •ALL THAT LAND SITUATED IN THE RANCHOSANTIAGO DE SANTA ANA,PARTLY IN ThE CITY OF ORANGE AND PARTLY IN THE UNINCORPORATED TERRITORY OF THE COUNTY OF ORANGE,STATE OF CALIFORNIA,DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST ~t’ESTERLY CORNER OF THAT CERTAIN TRACT OF LAND DEEDED TO W.K.HtLLYARD BY DEED RECORDED IN BOOK 102,PAGE 273 OF OFFICIAL RECORDS OF ORANGE COUNTY,,CALIFORPJIA,SAID POINT BE~NG THE EAST END OF THE COURSE;“THENCE EAST 1304 FEET”,IN THE DESCRIPTION USED IN SAID PEED,AND RUNNING THENCE FROM SAID POINT OF BEGINNING AND FOLLOWING ALONG THE WESTERLY BOUNDARY OF SAID TRACT OF LAND NORTH 17°08’ ‘I EAST 401.20 FEET;.ThENCE NORTH 3°11’.WEST,640.50 FEET;THENCE NORTH 13”08’EAST 155.00 FEET;THENCE NORTH 9°28’EAST 368 FEET; THENCE SOUTH 81~37’EAST 533.80 FEET;THENCE NORTH 87~’44’EAST 310.70 FEET;THENCE N.8’55’OO”E.,455.70 FEET;THENCE N.5~’O6’OO”E.,337.20 FEET; THENCE N.23°27’OO”E.,154.10 FEET;THENCE N.43~’14’OO”E.,266.50 FEET TOTHE NORTHLINE OF SAID TRACT OF LAND;THENCE S.69°55’45”E.,ALONG SAID NORTH LINE,350.00 FEET;THENCE LEAVING SAID NORTH LINE,S.42°OO’OO”E., 320.00 FEET;THENCE S.74°O0’OO”E.,300.00 FEET;THENCE S.35°O0’OO”E.,: 365.00 FEET;THENCE S.12°OO’OO”E.,440.00 FEET;THENCE SOUTH 340.00 FEET; THENCE S.13°OO’OO”W.,385 FEET;THENCE S.22°O0’OO”W.,370.00 FEET;THENCE S.14°00’OO”W.,280.00 FEET;THENCE S.9°O0’OO”E.,102.66 FEET TO A POINT IN THE NORTHERLY LINE OFAMAPOLA AVENUE (6o FEET WiDE)AS CONVEYED TO THE COUNTY OF ORANGE BY DEED RECORDED IN BOOK 644 PAGE 374 OF OFFICIAL RECORDS OF SAID COUNTY OF ORANGE,SAID POINT BEING ON A NON—TANGENT CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 280.00 FEET,A RADIAL BEARS N.17°26’53”W.TO SAID POINT;1 THENCE WESTERLY ALONG SAID NORTHERLY LINE THROUGH A CENTRAL ANGLE OF 39°25’07”AND AN ARC DISTANCE OF 192.64 FEET; ThENCE S.33°08’OO”W.,179.31 FEET TO A TANGENT CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 220.00 FEET;THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF ~6 ~AND AN ARC DISTANCE OF 218.35 FEET;THENCE WEST,17.03 FEET TOATHE WESTERLY LINE OF SA!D TRACT OF LAND DEEDED TO W.K.HILLYARD,SAID POINT BEING NORTH.538;79 FEET FTROM THE NORTHERLY LINE OF ANNEXATION NO.72—27,MEASURED ALONG SAID WESTERLY LINE;THENCE NORTH, ALONG SAID WESTERLY LINE,252.62 FEET TO AN ANGLE POINT IN SAID LINE; THENCE WEST.CONTINUING ALONG THE LINE OF SAID TRACT,1788.03 FEET TO THE POINT OF BEGINNING;CONTAINING 107.88 ACRES. EXHIBIT “A” A~~..w~4i~.1 °~‘~~~F\-1A~~ fl-’..-.A~JlJtXAfIo~.J ~—65~~4 /~CR~S _____ AP.~A OW~.J~f?~LJ~TIl..J&pO5TpOI.J~Mtl~J~f 01~~Ft~-3 4Z.74 AC4?t SC4LE.•/~-2~’ N IJ~’OO~ I 4./13G/?’ R~7~~’ L •~96’ 7-23a3’ 9..~12L~’ L•//~G3’ 7..,7.~,’ LAZy 5 QOh,~.CC~h~5e 3/7G~4C I ..cAcc~/er C~tI5 ~e1~oQ.ez /4/E RANCH ~2.7oAC RID GEL/NE/LA ZY 8 ANNEXA TIOM ‘°‘55LL’/STR/6r7 *j ~C-OUIMY OF Oj~4}JG~ ~ii L/,voQu/sr ~/0752 ~Il~uI EA5T /768.L~3’ F4St/7~~3’ L r’/19.12’ CI~(°F OgAJJG~ AGREEMENT THIS AGREEMENT is made and entered.into this 11th day of August,1976,by and between COUNTY SANITATION DISTRICT NO.7 OF ORANGE COUNTY,CALIF ORNIA,(hereinafter referred to as “District”), and Ridgeline Racquet Club,a corporation,.(herein after referred to as “Ridgeline”. ~WHEREAS,the Board of Directors of County Sanitation District No.7 have approved the initiation of annexation proceedings at the request of Ridgeline subject to certain conditions relating to the deferring of payment of a portion of the District annexation fees;and NOW,THEREFORE,the parties agree: 1.The parties agree that the Ridgeline/Lazy B Annexation known as Annexation No.55 shall be initiated and processed according to law. 2.The total annexation consists of 107.88 acres. 3.The amount of annexation fees,pursuant to the schedule in effect at the time of application EXHIBIT “C-i” to the District,due to District is $89,324.64,based on a rate of $828.00/acre for 107.88 acres. 4.District No.7 hereby agrees to defer a por tion of the obligation of Ridgeline to District,in the sum of $35,388.72 (based upon 42.74 acres of land not to be utilized for any purpose requiring sewer service x $828.00/acre),plus those fees as escalated per para graph 5 below,until the occurrence of any oe the ~fol1owing,whichever occurs first: A.Development of any part of the property for which the fees are deferred,by a use other than the existing golf course and driving range. Upon development of any portion of the deferred area, the entire amount deferred shall be due and payable. B.Transfer ofownership of the property from Ridgeline to any party other than the holder of a security interest solely for financial purposes or to a person or entity consisting solely of the same persons presently ~ining shares in Ridgeline. C.Seven (7)years from the date of this Agreement (August 11,1983). 5.Ridgeline agreesthat the amount of fees to be paid when due will be calculated and based upon the acrca~e fee schedule then in effect for EXHIBIT “C-2” S.—.•...5 District No.7. 6.The obligation of Ridgeline shall be secured by the execution of a deed of trust or other similar instrument approved by District’s General Counsel,in favor of District and to be recorded in the official records of Orange County, California. 7.In the event of the failure of Ridgeline to pay the annexation fees when due,District shall be entitled to recover reasonable attorney’s fees and costs that may be incurred,with or without the filing of proceedings in a court of proper jurisdiction,in the collection of the sums owing to District. IN WITNESS WHEREOF the parties hereto have -executed this agreement on the date first above written. RIDGELINE RACQUET CLUB,a corporation -S. --~ By ~-~ I-— I By /~ EXHIBIT “C-3’ ATTEST: Secretary ORANGE SANITATION DISTRICT NO.7 OF ORANGE COUNTY, CALIFORNIA APPROVED AS TO FORM AND LEGALITY: ~u/~ /THOMAS L /General Counsel By Chairman EXHIBIT “C-4 STATE OF CALIFORNIA ) )SS. COUNTY OF ORANGE ) I,J.WAYNE SYLVESTER,Secretary of the Board of Directors of County Sanitation District No.7 of Orange County,California,do hereby certify that the above and foregoing Resolution No.77-131-7 was regularly passed and adopted at a regular meeting of said Board on the 14th day of July ,1976,by the following vote,to wit: AYES:Donald Saltarelli (Chairman),John Burton,Ralph Clark, John Garthe and Francis Glockner NOES:Don Smith ABSENT:Pete Barrett IN WITNESS WHEREOF,I have hereunto set my hand and affixed the official seal of County Sanitation District No.7 of Orange County, California,this 14th day of July 1976 of County,California S -104