The URL can be used to link to this page

Home My WebLink AboutResolution 1976 - 0202~LW:pj 1 RESOLUTION NO.76-202-7 i/~/76 2 A RESOLUTION OF THE BOARD OF DIRECTORS MAKING APPLICATION FOR MODIFICATION OF TERMS AND CON- 3 DITIONS,TOGETHER WITH THE BOUNDARIES,RELATING TO ANNEXATION NO.51 (NO.76-1)TO COUNTY SANITA 4 TION DISTRICT NO.7 OF ORANGE COUNTY 5 6 7 WHEREAS,the Local Agency Formation Commission of Orange 8 County,State of California,has,by Resolution No.76-92 9 adopted July 14,1976,approved an application for annexation 10 of certain territory to this District pursuant to the provisions of law,and has designated this District as the District to 12 conduct annexation proceedings pursuant to law; 13 WHEREAS,pursuant to such resolution,certain terms and 14 conditions were proposed to be imposed including the formation 15 of an improvement district and the authorization of general 16 obligation bonds thereof; 17 WHEREAS,pursuant to the provisions of law,this Board of 18 Directors has duly adopted its Resolution Initiating Proceedings. 19 and Setting Hearing Thereon for purposes of determining the 20 public interest and necessity and benefit to any lands of the 21 proposed annexation and the terms and conditions related thereto; 22 WHEREAS,it now appears appropriate that certain of the 23 terms and Oonditions,together with the boundaries as defined 24 in Resolution No.76-92 of the Local Agency Formation Commission 25 of the County of Orange be modified. 26’NOW,.THEREFORE,TEE BOARD OF DIRECTORS OF COUNTY SANITATION • 27 DISTRICT NO.7,DOES HEREBY FIND,DETERMINE AND ORDER,as 28 follows: Of • 1 1.Pursuant to Section 56315 of the Government Code of 2 the State of California,following hearing duly had thereon, 3 this Board of Directors hereby determines that certain lands 4 have heretofore been annexed to this District by proceedings 5 other than those the subject of Annexation No.51 (No.76-1); 6 and therefore,will not be benefited by becoming a part of 7 this proceeding or of the proposed formation of the improvement 8 district ordered hereby,and said lands found not to be bene 9 fited are hereby excluded from said annexation proceedings. 10 2.Pursuant to Section 56275 of the Government Code, 11 this Board of Directors proposes to make certain modifications 12 to the terms and conditions heretofore approved by the Local 13 Agency Formation Commission of the County of Orange in accor— 14 •dance with Exhibit “B”,attached hereto and made a part hereof 15 by reference. 16 3.The Local Agency Formation Commission is hereby re 17 quested to.,without further Notice of Hearing,approve the 18 modification of said terms and conditions so that this Board may 19 further proceed with such proposed change of organization. 20 4.The Secretary of the Board shall forthwith transmit 21 a certified copy of this resolution to the Local Agency Formation 22 Commission of the County of Orange and to the Executive Officer 23 of such Commission as the written application of this legislative 24 body,pursuant to Section 56275 for the modification of terms 25 and conditions,and as the notification of the exclusion of non— 26 benefited lands pursuant to Section 56315 of the Government 27 Code. 28 // —2— 1 PASSED AND ADOPTED at a regular meeting held November 10 2 1976. 3 4 5 6 7 8 9 // EXHIBIT “A” ANNEXATION NO.51 (76-1)TO COUNTY SANITATION DISTRICT NO.7 All that certain land situated in the unincorporated territory of the County of Orange,State of California,more particularlY described as follo~is: PP.RC~1 . S Beginning’at a point in the boundary line of County Sanitation District Ho.7 as establishes by “~nr~~x3ti~fl No.30”,said point being the ~arth~est corner of s~i’i annexation,said corner also being a point in the existing bour.dary line of the city of Orange as established by “Annexation No.231”; Thence in a general Southerly,-Easterly and Northerly direction along the boundary line of said County Sanitation District No.7 and along said existing boundary line of the City of Orange through Courses 1 through 3 to the Northerly terminus of that certain course described as “S.4°13’45”E~,548.22 feet,i~ore or less”in said existing boundary line of the City of Orange as established by “Annexation No.231”; Thence leaving said existing boundary line of County Sanitation District Ho.7 and continuing along said existing boundary line of the City of Orange in a general Easterly and northerly direction through Courses 4 and 5 to a point in the boundary line of County Sanitation District No.7 as established by .“Annexatiori No.32”and a point in the center line of Santiago Canyon P.dad;- Thence leaving said existing boundary line of the City of Orange and continuing along said boundary line of County Sanitation District No.7 as established by “Annexation No.32”in a general Southeasterly and Northerly direction through Courses 6 and 7 to’the Southerly terminus of that certain course d&scribed as “S.30 49 E.~,260.24 feet”in said existing boundary line of the City of ~range as established by “Annexation No.231”; - Thence continuing along said boundary line of County Sanitation Dist’~.ict No.7 and along said existing boundary line of the City of Orange in a general Northerly and Easterly direction through Courses-8 and 8A to the Southerly teriainus of that certain course described as “S.0°23’04”W.,607.88 feet”in said “ArinexationNo.32”; Thence leaving said boundary line of County Sanitation District No;7 and con tinuing along said existing boundary line of the City Of Orange as established by s~.id “Annexation No.231”through Courses 9 through 33 to a point in the Northerly bou.idary ~line of County Sanitation District No.7 as established by “Annexation No.27”,said point being the Southerly tenninus of that certain course described as “South 791.41 feet”in said existing boundary line of the City of Orange; Thence continuing along said existing boundary line of tha City of Orange as established by.”Annexation No.265”and by “Annexation No.299”and alpng said existing boundary of County Sanitation District No.7 as established by “Annexation t~o.27”in a Uesterly direction along Course 34 a distance of 1149.62 feet; - Thence leaving said existing boundary of.County Sanitation District No.7 and continuing along said existing boundary line of the City of Orange as established by said .~‘Annexation No.265”in a general Northerly,Westerly and Southerly direction along Courses Nurber 35 through 37 to a point in said boundary line of County Sanitation District No.7 as established by “Annexation No.7”; Thence continuing along said existing boundary line of the City of Orange as established by “Annexation No.265”and along,said boundary line of County Sanitation District Ho.7 in a Westerly direction along Course 38 a distance oi 622.61 feet; Thence leaving said boundary ‘line of County -Sanitation District No.7 and con— —t~nuing along said existing 6oundary line of the City of Orange as established by said “Annexation No.265”and said “Annexation No.299”in a general Northerly, Uesterly and Southerly direction thrbugh Courses 39 through 52 to a point in the existing buundary line of County Sanitation District No.7 as established by an “Ezclusion”.adopted by Orange County Board of Supervisors per Resolution No.61-93 dated January 25,1961; Thence leaving said existing boundary line of the City of Orange in a g~nera1 SOut)’r.iesterly direction along said existing boundary line of County Sanitation District Ho.7 as established by said P.esolution No.61-93 and by an “Exclusion” Idopted by said Board of Supervisors —Dece;~i5er 17 1958 (desigr~ated as Orar.ge Park A on past 16\thr~u3h Courses 53 through 64 to the Southerly pro1on~)ation EXHIBIT “A” ~3 of lliscellaneous ~Taps,Records of said County; Thence leaving said existing boundary of County Sanitation Oist~-ict tb.7 along said Southerly prolongation and ~iesterly line of Tract fio.918 through the following bearings and distances (course nunbers designated,as.65 through 71):II.1°51’E., 85C.98 feet; I Thence N.7°17’20”14.,1039.02 feet; - Thence N.53°42’1-i.,213,70 feet; Thence U.870 33 11.,829.90 feet; Thence N.18°00’20”U.,1416.14 feet; Thence N.00 401 50”~4.,337.96 feet; Thence F!.SOD 10~3O”E.,393.67 feet to an angle point in th~existing boundary line of the City of Orange as established by “Annexation No.191”,said ~ang1e point being the Southwesterly terminus of that certain ccurse described as “N.72”12’30”E., 643.26 feet”in said annexation,. Thence in a general Northeasterly direction along said existing boundary line of the City of Orange as established by said “Annexation No.191”,by “Detach~en~No. 191—A”,,by said “Annexation No.19l’~,and by “Annexation No.228”through Courses 72 through 95 to a point in the boundary line of County Sanitation District No.7, said point being the Northwest corner of “Annexation No.31”.- Thence leaving said existing boundary line of the City of Orange and along said boundary line of County Sanitation District No.7 as established by said “Annexation’ flo.31”in a.general Southerly,Easterly and Northerly direction th~-ough Courses 95 through 93 to the Northeast corner of said “Annexation No.31”,said corner bein~a point in said existing boundary line of the City of Orange as established by said “Iuw.exation ~o.228”; . :— Thence leaving said boundary line of County Sanitation District No.7 and along said existing boundary 1in~of the City of Orange as established by said “Annexation No.228”in a general Northerly and Easterly direction through Courses 99 and 103 to the Point of Beginning... The above parcel of land contains 537.79 acres,niore or less. •~ARCE1.2 Beginning at a point in the boundary line.of:County Sanitation District No.7, said point being the Northwest ccrner of an “Exclusion”adopted by the Orange County Board of Supervisors —December 17,1958 (designated as Orange Park Acres —T on Page 13),said Northwest corner also being a point in the Westerly line of the land described in ft deed reco~ded in Book 2769,Page 150 of Official Records of said County of Orange; .. •‘Thence along said boundary line of County Sanitation District No.7 as established by said “Exclusion”through the following courses:S.10 40’50”E..404.83 feet; Thence S.43!2’40”E.,57.70 feet~ Thence S.79°24’40”E.,96.35 feet;‘ Thence N.0°00’40”14.,470.00 feat; Thence 5.850 44’10”11.,150.37 feet to the Point of Beginning. The above parcel of land contains 1.47 acres,more or less. AU references to course nu”bers within this description ar~to course nurbers a~snown on the map designated “Annexation No,76—1 to County Sanitation Oistrict ~0.7”•The cise of said course numbers is to facilitate comparing this description~O ~map,. I - EXHIBIT “B” ANNEXATION NO.51 (76-1)TO COUNTY SANITATION DISTRICT NO.7 TERMS AND CONDITIONS .1.Approval by a majority of the voters within the terri1~ory to be annexed. 2.Payment by the lanc]owne;s of the annexed territory of $828 per acre for the acreage involved,being the amount established as the standard annexation fee by action of the Board of Directors,being equal to the cost of rights of service and use of the existing treatment and outfall facilities of District No.7. 3.Payment of proponents of all engineering,legal,administrative and election costs incurred in processing the annexation,to be reimbursed from bond proceeds in the civent of completion of annexation. 4.That the anr~oxed territory shall be subject to the terms and conditions of all ordinances pertaining to fees or connection to the District facilities and use of ,zaid facilities. •5.The territory proposed to be annexed shall concurrently be annexed into the lth and 70th Scwer Maintenance Districts. 6.The territory,upon annexation,shall be subject to all ad valorem taxes required for the retirement of all existing and future bonds -‘of the District as a whole. 7.The formation of a new improvement district of Sanitation District No.7 for the purpose of acquiring rights of service and use in existing facilities of said District No.7 and for the purpose of con structing or acquiring major trunk lines to serve the area,comprised of the lands within the proposed annexation or such thereof as are found to • be benefited pursuant to hearings had thereon by the District,such im provcsncnt district to be created concurrently with,and not separately from,the proceedings for annexation. 8.The approval by the voters of said improvement district (at an election held concurrently with and not separately from the election on the annexation)of general obligation bonds determined by the said Sanitation District No.7 to be sufficient,with applicable incidental expenses,to pay the following: a.The sum of money necessary to.acquire appropriate rights of service and use in the existing treati~ent and outfall facilities of Sanitation District No.7 in an amount equal to that set forth in Condition No.2. b.The sum necessary to provide those portions of the major trunk lines designated on the Sanitation District No.7 master plan as Reaches 17 and 18 necessary to serve the area proposed to be annexed,less the proportionate amount thereof applicable to lands already within Sanitation District No.7 which abut and would be served by any part of that system. ci) EXHIBIT ~B” c.The sums advanced to pay costs of annexation proccediricjs, being the amount referred to in Condition No.3 thereof. 9.In exchange for the advance of the sums necessary for said Reaches 17 and 18,by the bond issue,each parcel of land in existence and of record as of the date of the election shall be entitled,at no further charge except as provided in Condition No.12 hereof,to one connection to the sever system of Sanitation District.NO.7. 10.The District shall provide for contribution to the bond redemp tion fund established for the payment of the bonds of the improvement district of such amounts and from such sources as ~,ould be provided under the existing Sanitation District No.7 policy of reimbursement relating to master plan sewers. - 1.1.The annexation shall become effective only after the formation otthe improvement district by the affirmative vote of a majority of those voting on the proposition and the authorization of the general •obligation bonds by the affirmative vote of two—thirds of those voting •on the proposition. 12.In addition to the connection charges required -by Ordinance No.716,of County Sanitation District No.7 those properties receiving service by direct connection to the trunk se~-~cr shall pay an additional connection service charge.in an amount to be determined by the District. These monIes shall,upon receipt,be applied for bond redemption. 9- (ii) .•~ STATE OF CALIFORNIA.) )SS. COUNfl’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.76-202-7 , was regularly passed and adopted at a regular meeting of said Board on the 10th day of November , 1976 ,by the following vote,to wit: AYES:Directors Donald J.Saltareili (Chairman),Pete Barrett, John M.Burton,Ralph B.Clark,John Garthe,Francis H. Glockner,and Don B.Smith NOES:None ABSENT:None 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 11th day of November ~1976 • ____ /ñ~nejS 1 ~Ier,S~cret’ary, Board q,6ire~6rs of County S~nita~ebn D~’g’trict No.7. f OrazYge County,California S-i 04