HomeMy WebLinkAboutResolution 1978 - 0142TL~:
09/27/78
RESOLUTION NO.78-142-2
AUTHORIZING INITIATION OF PROCEEDINGS -ANNEXATION
NO.35
A RESOLUTION OF THE BOARD OF DIRECTORS OF COUNTY
SANITATION DISTRICT NO.2 OF ORANGE COUNTY,
CALIFORNIA,AUTHORIZING THE INITIATION OF PRO
CEEDINGS TO ANNEX TERRITORY TO THE DISTRICT
(ANNEXATION NO.35 -BRYANT RANCH)
****
The Board of Directors of County Sanitation District No.
2 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
6 of the Government Code of the State of California;and,
Section 2 That this application is for the purpose
of annexing approximately 3525 acres in the vicinity north of
the Santa Ana River and easterly of.the terminus of
Esperanza Road in the unincorporated territory of the County
of Orange,to provide sanitary sewer service to said territory
as requested by John Wertin Development Company,Ernest A.
Bryant,et al.,owners of said property;and,
Section 3 That the territory to be annexed is unin
habited;and,
Section 4 That the designation assigned to the terri
tory proposed to be annexed is “Annexation No.35 to
County Sanitation District No.2 -,Bryant Ranch”,the
boundaries~of which are more particularly described and
delineated on Exhibit “A”and Exhibit “B”,attachedhereto
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.2
relating~to the deferral of payment of a portion of the
District’s annexation fees;thebasis for establishing
annexation fees;the terms and conditions of payment of
said fees;and standards and criteria pertaining to open
space areas and Urbanized areas within the annexed territory;
and,-
-
Section 6 The annexation acreage fee for said annexa
tion is hereby established at $1,496.00 per acre,as being
the established annexation fee for said District for fiscal
year 1978-79;and,---
Section 7 That certain agreement as referenced in
Section 5 above,shall set forth certain conditions established
by this-Board as prerequisites to this Board ordering final-
annexation of said territory.Said conditions shall include
the following:
A.Said total annexation area of 3,525 acres-shall be -
allocated with 1,508 acres for “urban uses”and 2,017 acres
for “open space uses”.
—2—
B.“Open space uses”within the annexed territory will
not require sewer service as contemplated by the parties
•at any foreseeable time in the future.
C.That applicant shall pay to the District annexation
fees at the rate of $1,496.00 per acre,multiplied by
1,508 acres of urban uses,for a sum total of $2,255,968.00,
as initial annexation fees.
D.Payment of the initial annexation fees set forth
in subparagraph C above,shall be made in five (5)equal
annual installments,commencing one year following the date
upon which the annexation of the property becomes final.
E.Applicant shall pay District interest at the rate
of 8%per annum on the total unpaid balance of.initial
annexation fees,said interest commencing as of the date
of final order of annexation of said territory.The annual
interest due on said balance shal.l be paid concurrently
with the annual equal installment on the principal amount.
F.Applicant shall execute a promissory note in favor
of the District in the amount of $2,255,968.00 as evidence
of the obligation referenced above;said note shall be further
secured by a deed of trust encumbering the subject property,
which deed may be made second and subordinate to liens
securing the financing for acquisition and development of
the subject property.
G.In the event said urban area is transferred in owner
ship from the original parties to said agreement,the entire
balance then due and owing to the District,including interest
—3—
accrued to date,shall be due and payable immediately.
H.Annexation fees otherwise payable to the District
for the 2,017 acres of open space shall be deferred in—
-
definitely.In the event said open space area or any portion
thereof is approved for development as an urban area,pursuant
to revisions of a general plan of the City of Yorba Linda
or the County of Orange and subject property is zoned
to accommodate changes in said master plan,annexation fees
will be immediately due and payable by the property owner
to District at a rate then currently in effect for said
District multiplied by the total amount of acreage converted
to urban uses.
I.In the event sewer service is required within the
designated “open space”area,notwithstanding that said
area retains the “open space”categorization,property owner
shall pay to District the then current annexation fees for
all such areas for which sewer service is requested.
Owner/applicant hereunder shall pay all costs related to the
processing of the application,including the processing
fees,legal and engineering fees and the preparation of
reports and documentation by District.Applicant shall place
a deposit against these anticipated to be incurred with
District prior to District submitting requests to the County
of Orange,Local Agency Formation Commission and all fees
incurred shall be paid prior to final order of annexation.
~J.District shall be granted the right to unilaterally
terminate the proposed annexation proceedings at any time
prior to final order of annexation,in the event the District,
—4—
in its sole discretion,determines that the annexation of
the proposed territory would jeopardize its pending
application,with the United States Environmental Protection
Agency to be granted a waiver of the legal requirement to
construct additional secondary treatment facilities -in
accordance with final EPA regulations concerning secondary
treatment requirements for marine dischargers.
K.That District and the owner/applicant shall enter
into an agreement with the City of Yorba Linda pertaining
to this annexation,wherein City will agree to notify
District and to assist in the collection of any additional
annexation fees that may become payable as a result of City
action to change the master plan of the annexed territory
or the zoning for said territory,thereby increasing the
urban use beyond the 1,508 acres.
Section 8 Request is hereby made that such proceedings
as required by law be taken to complete this annexation.
PASSED AND ADOPTED at a regular meeting held
August 9
,1978.
_5..
LEGAL DESCRIPTION OF BRYANT RANCH FOR ANNEXATION.TO ORANGE COUNTY
SANITATION DISTRICT NO.2
That portion of the Rancho Canon de Santa Ana in the County of Orange,
as per map filed in Decree of Partitionof the 17th Judicial Di’strlctCourt
in and for the County of Los Angeies in Case No.1978)a copy of which was
recorded February 8,1874,in Book 25,page 158 of Deeds in the Office of
the County Recorder of said Los Angeles County,and that portion of the Rancho
Santiago de Santa Ana,described in Decree of Partition rendered in Case No.
1192 •and entered September 12,1868,in Book “B”,page 410 of Judgments of
the said 17th Judicial Court,all in the County of Orange,State of California,~
described as follows:
-
.
Beginning at an angle point in the boundary of County Sanitation District
No.2 as established by resolution of the Orange County Board of Supervisors,
a copy of said resolution being recorded in Book 1659,page 418,Official
Records of said Orange County,said angle point being at the intersection
of the centerline of the main track of the Atchison,Topeka and Santa Fe
Railroad with the EAST line of the Second Class Land alloted to R.Rivas
in the Partition cf the Rancho Canon de Santa Ama;themce Southerly along said
boundary and said EAST line approximately 40 feet to the Northerly line of
the land described as Parcel 68969-1 (Amended)in Final Order of Condemnation
Case No.210815 of Superior Court of said Orange County recorded March 24,
1917 in Book 12117,page 91,Official Records of said Orange County;~thence
leaving said District boundary along said Northerly line the following 16
courses:North 73°08’39”East 709.31 feet,North 38°23’38”East 715.07
feet,North 6°02’56”West 420.23 feet,No~-th 58°52’31”East 409.73 feet,
North 89°38’.Ol”East 666.09 feet,South 57°08’24”East 973.50 feet,
South 45°35’45”East 1653.54 feet,South 16°39’24”East 363.85 feet~
South 6°58’26”East 565.80 feet,South 27°09’40”East 717.56 feet,
South 6°14’21”East 345.64 feet,South 46°39’29”East 854.92 feet,
South 48°05’53”East 534.68 feet,South 73°19’54”East 238.67 feet,
2
3
LI
5
6
7
8
-9
•1o•
12
13
15
•
16
~7I
18
19
20
21
23
2~
25
26
27
28
29
30
31
32
Page 1 of 3
July 7,1978
W.O.!/3532—2/Ft-Ifl:qlw
VL5-22
EXHIBIT “1~
I
2
3
5
6
7
8
9
I0
II
12
13
15
16
17
18
19
:~20
21
22
23
25
2~
27
28
29
30
3~
32
LEGAL DESCRIPTION OF BRYANT RANCh FOR ANNEXATION TO ORANGE COUNTY
SANITATION DISTRICT NO.2
33’08”East 325.19 feet,
39’13”East 324.72 feet,
53’20”East 210.98 feet,:.
26’08”East 195.69 feet,
05’49”East 316.67 feet,
22’24”East 554.96 feet,
57’47”Ea~st 459.74 feet,
Northerly line of the
said Final Order of
North 81°31’09”East 521.28 feet,and South 7Q0 37’29”East 801.40 feet
to the Easterly terminus of that certain course described as
“N 84°39’40”W 463.35 feet”in deed to County of Orange recorded
October 16,1968 in Book 8754,page 111,Official Records of said County;
thence along the Northerly,line of the land described in said deed
North 82°21’43”East 433.08 feet,North 84°
North B8°12’09”
North 62°46’35”
North 36°10’33”
North 54°23’44”
North 78°17’40”
South 63°56’25”
and North 84°33’
land described as
East 784.04 feet,North 76°
East 152.07 feet,North 23°
East 169.38 feet,North 47°
East 268.58 feet,North 60°
East 206.85 feet,South 89°
East 526.20 feet,South 79°
12”East 281.03 feet to the
Parcel 68969—2 (Amended)in
Condemnation;‘thence along said Northerly line the following three
courses:North 69°’42’02”East 5498.47 feet to a point in a
non—tangent curve concave Northerly with a radius of 1813.18 feet,‘a
radial to said point bears South 6°54’56”Wes:t,Easterly along said
curve 79.17 feet through a central angle of 2°30’06”,tangent to
said curve South 85°35’10”East 107.70 feet,and Easterly along a
tangent curve concave Southerly with a radius of 2496.64 feet through
a central angle of 9°18’24”a distance of 405 53 feet,more or less,
to the Easterly boundary of the 2002.23 acre tr~act of second class land
alloted to B.and J.Yorba by Decree of Partition in said Case No.1978.
I,of the 17th Judicial District;thence Northerly along said Easterly line
approximately 2200 feet to the boundary line between said County of
0ran~e ~nd the County of San Bernardino;thence along said boundary
North ~2°48’53”West 16,955 feet,more or less,to the line between
Page 2 of 3
July 7,1978
W.O.#3532-2/FWR :giw
VL5—23
EXHIBIT “A
LEGAL DESCIUPTION OF CRYANT RANCh FOR J\NNEXATION TO ORANGE COUNTY
SANITATION DIS1RLCT NO.2
I the North~4est corner of Section 16,Township 3 South1 Range B West,
2 San Bernardiub Meridian,and Station No.ii of the Survey of said
3 Rancho Canon de Santa ma;thence along last mentioned line
14 South 10 06’22”West 2650 feet to said Station No.11;thence
5 North 89°07’06”West 4081.05 feet to the Northwest corner of the
6 second class land alloted to Wold Kalisher and flenry Wartcnberg in
7 Decree of Partition in said Case No.1978;thence along the Westerly
B line thereof South 00 22’16”West 3060.71 feet to the Northwest
9 corner of Parcel No.1000-24--i described in deed to Metropolitan
10 Water District of Southern California recorded Deccinber 7,1955,in
11 Book 3307,page 83,Official Records of said Orange County;thence
12 along the boundary of last mentioned parcel.
..
13 South 89°3P 44”East 528.42 feet,South 0°22’16”West 300_OO
114 feet and North 89°37’44”West 528.42 feet to last mentioned Westerly
15 line;thence.~long last mentioned Westerly line
16 South 0°22’16”West approximately 5283 feet to the point of beginning.
17 Containing an area of 3,524 acres,nbre or less.
18
.
19
20 ..
.
.
2%
.
22 .~
23 .
.
2~.~
25 .
26
27
.
.
.
.
.
28 .
29
30 Paye3of3
July 7,1978
3%W.0 L~3532—2/FWR:glw
VL5-24
32 EXHIBIT “A
STATE OF CALIFORNIA )
)SS.
COUNTY OF ORANGE )
I,3.WAYNE SYLVESTER,Secretary of the Board of Directors of
County Sanitation District No.2 of Orange County,California,do
hereby certify that the above and foregoing Resolution No.78-142-2
was regularly passed and adopted ~t a regular meeting of said Board
on the 9th day of August ,
19 78,by the following vote,to wit:
AYES:Henry Wedaa,Chairman,Donald Holt,Sam Cooper,Vernon
Evans,Beth Graham,Bob Perry,Thomas Riley,Don Smith,
Roger Stanton and Louis Velasquez
NOES:None
ABSENT:Bernard Houston and John Seymour
IN WITNESS WHEREOF,I have hereunto set my hand and affixed the
official seal of County Sanitation District No.2 of Orange County,
California,this 9th day of August ,
19 78.
~ary,
B ar~’,6f 0//ectors of County
ani/ tio1ti~istri.ct No.2
of range County,California
S-104