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HomeMy WebLinkAbout1965-12-22 - Resolution No. 136Tr ~r - I RESOLUTION NO. 136 2 RESOLUTION OF THE BOARD OF DIRECTORS OF THE YORBA LINDA COUNTY WATER DISTRICT, YORBA 3 LINDA, CALIFORNIA, DECLARING ITS INTENTION TO ORDER THE CONSTRUCTION OF SANITARY SEWERS 4 AND APPURTENANCES AND ALL APPURTENANT WORK IN "ASSESSMENT NO. 64-1" IN THE YORBA LINDA 5 COUNTY WATER DISTRICT; DECLARING THE WORK AND IMPROVEMENT TO BE MORE THAN LOCAL OR 6 ORDINARY PUBLIC BENEFIT, AND DESCRIBING THE DISTRICT TO BE BENEFITED BY SAID WORK AND 7 IMPROVEMENT AND TO PAY THE COSTS AND EXPENSES THEREOF; AND FIXING THE TIME AND 8 PLACE FOR THE HEARING OF OBJECTIONS TO SAID WORK AND IMPROVEMENT. 9 10 WHEREAS, the Board of Directors of the Yorba Linda County 11 Water District, Yorba Linda, California, proposes to take pro- 12 ceedings pursuant to the provisions of the "Improvement Act of 13 1911", being Division 7 of the Streets and Highways Code of the 14 State of California, for the construction of certain sanitary sewer 15 work; and 16 WHEREAS, all of the owners of more than sixty (60) percent 17 in area of the property subject to assessment for said proposed 18 sanitary sewer work have signed and filed with the secretary of 19 the Board of Directors a written petition for said improvements and 20 a waiver of the proceedings under the Special Assessment, Investi- 21 gation, Limitation and Majority Protest Act of 1931; 22 NOW, THEREFORE, the Board of Directors of the Yorba Linda 23 County Water District DOES HEREBY RESOLVE, DETERMINE and ORDER as 24 follows: 25 Section 1. That the public interest and convenience 26 require, and it is the intention of the Board of Directors of the 27 Yorba Linda County Water District to order the following work to 28 be done or improvement to be made in the Yorba Linda County Water 29 District, to wit: 30 The construction of sanitary sewers and appurtenances and 31 all appurtenant work, including the relocation and protection of 32 existing sanitary sewers and other existing utilities where FRS:kh 12/15/65 1. I 1 0 0 I required in conjunction 2 3 between Park Avenue and 4 5 between Shaw Lane and a 611 Lemon Drive and between from the center line of Lemon Drive northerly to the end of Main 7" and a point approximately 466 feet northerly from said center line;. 8 in 911 LEMON DRIVE 10 along the center line thereof between the intersection of the pro- 11 longation of the westerly line of Park Avenue and a point approxi- 12 mately 150 feet west thereof; in ,13 SHAW LANE 14 I between Park Avenue and a point approximately 40 feet northeast of 15 the easterly boundary of the Anaheim Union Water Company Canal; in 16 GARDEN PLACE 17 from the northerly end of said street to a point in Imperial High- 18 way approximately 165 feet southeast of the intersection of Garden lg Place and Imperial Highway; in 2011 MAIN STREET 21 22 23 24 25 26 27 Street; in with the work; in PARK PLACE Yorba Linda; in PARK AVENUE point approximately at the center line of the center line of Yorba Linda Boulevard SCHOOL STREET between a point approximately 200 feet south of Lemon Drive and the intersection of Arroyo Street; in ARROYO STREET between Imperial Highway and the center of Valencia Avenue; in 281 VALENCIA AVENUE 29 between Yorba Linda Boulevard and a point approximately 160 feet 30 south of Lemon Drive; in 31 YORBA LINDA AVENUE 32 approximately 200 feet east and 200 feet west of the intersection 2. 1 of Park Place and Yorba Linda Boulevard between a point approxi- 2 mately 75 feet west of the center line of Lakeview Avenue and the 3 intersection of Imperial Highway and approximately 150 feet north- 4 westerly on Imperial Highway; in 5 LAKEVIEW AVENUE 6 between the center line of Yorba Linda Boulevard and a point ap- 7 proximately 400 feet to the southwest; in 8 THAT CERTAIN EASEMENT 9 more particularly described as follows: 10 The northerly 10 feet of lot 95 and 11 the westerly 12 feet of lots 75 to 85, in- 12 clusive, of the Newmark Tract as recorded in 13 Miscellaneous Maps, Book 7, pages 45 and 46, 14 Records of Orange County, California; 15 THAT CERTAIN EASEMENT 16 more particularly described as follows: 17 The west 10 feet of lots 42 to 53, 18 inclusive, of the Newmark Tract as recorded 19 in Miscellaneous Maps, Book 7, pages 45 and 20 46, Records of Orange County, California. 21 That details for the construction of all the above described 22 work are shown in the plans, and the standard plans of the Yorba 23 Linda County Water District Nos. SP-1 through SP-8 on file in the 24 office of the General Manager of the Yorba Linda County Water Dis- 25 trict. 26 Section 2. That all of the said work and improvement to 27 be done as described in Section 1 of this Resolution shall be con- 28 structed upon the grades, along the lines, between the points, of 29 the dimensions, at the places and in the manner shown on the plans, 30 profiles and drawings for the construction of the said work and 31 improvement in "Assessment District No. 64-1" for the Yorba Linda 32 County Water District consisting of eleven (11) sheets, numbered 3. r 1 1 to 11 inclusive, and identified as "Plans for Sewer Improvement 2 Assessment District No. 64-1, Yorba. Linda. County Water District", 3 all of which plans are on file in the office of the General Manager 4 and except as otherwise provided on said plans, in further accord- 5 a.nce with the specifications for the construction of said work and. 6 improvement, and identified as "Specifications for the Construction 7 of Sewer Improvement in Assessment District No. 64-1, Yorba. Linda. 8 County Water District" being on file in the office of the General 9 Manager of this District, and. to which plans, profiles, drawings an 10 specifications, heretofore approved by the Board of Directors of 11 this District, reference is hereby made for a. further, full and mor 12 particular description of said work. 13 That work and grades shall be in accordance with the grades 14 as shown on said. plans, profiles and drawings hereina.bove mentioned., 15 which said. grades may be different from the grades heretofore exist- 16 ing, established or adopted.. 17 That all of the easements and rights-of-way for public sewer 18 purposes hereinabove described are shown upon the said plans, pro- 19 files and drawings hereina.bove described. 20 Section 3. That the said easements and. right-of-way neces- 21 saxy for the said contemplated work and improvement, as aforesaid, 22 and the said contemplated work and improvement as aforesaid, are of 23 more than local or ordinary public benefit and the said. Board, of 24 Directors hereby makes the expenses of said work a.nd. improvement 25 chargeable upon a. district, which said district the Board of Direc- 26 tors hereby declares to be the district benefited by said work and 27 improvement and to be assessed to pay the costs and expenses there- 28 of, including incidental expenses and costs, and. which district is 29 described as follows: 30 All that certain territory situated in the 31 Yorba. Linda County Water District, County of Orange, 32 State of California., included within the exterior 4. ~ R 1 boundary lines shown on the map exhibiting the prop- 2 erty affected or benefited by or to be assessed to 3 pay the costs and expenses of said work and improve- 4 ment in said "Assessment District No, 64-1" in said 5 District, which said map is titled and identified 6 as "Sewer Assessment District No. 64-1 Assessment 7 District Boundary" and consists of one sheet. Which 8 said map was heretofore approved by the Boa.rd of Direc- 9 tors of said District at the time of the a.pprova.l of 10 the Plans as aforesaid, and which said map or diagram 11 is on file in the office of the District, EXCEPTING 12 from the area shown within and d.elinea.ted upon said. 13 map hereinabove referred to, the area of all public 14 streets, public avenues, public lanes, public roads, 15 public drives, public courts, public alleys and all 16 easements and. rights-of-way therein contained belong- 17 ing to the public, and any lot or parcel of land. 18 belonging to the United States, and also excepting 19 therefrom any lot or parcel of land belonging to the 20 State of California, or the County of Orange, or to 21 the Yorba Linda. County Water District, which lot or 22 parcel of land is in use for the performance of any 23 public function, and all such property above mentioned 24 and described as being excepted. from the area, shall be 25 omitted from the assessment hereinafter to be made to 26 cover the costs and expenses of such a.cquisition, work 27 and improvement. Lots or parcels of land owned by 28 school boards, school districts or other public or 29 private educational authorities, whether or not de- 30 voted to public or school uses and purposes, shall not 31 be excepted or omitted from said district or from said 32 assessment, but shall be included in said assessment. 5. I Reference is hereby made to said map for further, 2 full and more particular description of the said. 3 assessment district, and the said. map so on file 4 shall govern for all details a.s to the extent of 5 of said assessment district. 6 7 Section 4. That serial bonds, bearing interest at the rate 8 of six percent (6%) per annum, shall be issued to represent each 9 assessment of Fifty Dollars ($50.00) or more remaining unpaid at 10 the expiration of the last date fixed for payment of assessment 11 in the notice to property owners mailed. pursuant to the provisions 12 of the Improvement Act of 1911. Said serial bonds shall extend 13 over a. period. ending nine (9) years from the second day of January 14 next succeeding the next September 1st following their date. Pay- 15 ments on the principal of unpaid assessments and. interest thereon 16 shall be made by property owners to the Yorba. Linda. County Water 17 District Treasurer, and the same shall be disbursed, by said Dis- 18 trict Treasurer, all as provided in the Improvement Act of 1911. 19 20 Section 5. That the estimated costs and expenses of said 21 acquisition, work and improvement, including the incidental ex- 22 penses are the sum of One Hundred Forty-Four Thousand Two Hundred Five ark }1/l.UU 23 Dollars ($J& 205,71 24 Section 6. Notice is hereby given th at on the 9th day of 25 February, 1966, at the hour of 9:00 o'clock a.m., in the office 26 of the Yorba. Linda. County Water District, 48 66 South Olind.a., Yorba. 27 Linda., California, any and. all persons having any objections to the 28 proposed work or improvement, or to the extent of the assessment 29 district, or to the proposed gra.des, may appear and show cause why 30 said. work should. not be done or carried. out in accordance with this 31 Resolution of Intention. Protests must be in writing and must con- 32 tain a description of the property in which each signer thereof is 6. 1 interested, sufficient to identify the same, and must be delivered 2 to the District Secretary of the said Yorba Linda County Water 3 District prior to the time set for the hearing, and no other pro- 4 tests or objections will be considered. If the signer of any 5 protest is not shown upon the last equalized assessment roll of 6 Orange County as the owner of the property described in the pro- 7 test, then such protest must contain or be accompanied by written 8 evidence that such signer is the owner of the property so de- g scribed. 10 Section 7. That all of the work herein proposed shall be 11 done and carried through in pursuance of an Act of the Legislature 12 of the State of California, designated as the "Improvement Act of 13 191111, being Division 7 of the Streets and Highways Code of the 14 State of California. 15 Section 8. That these proceedings have been instituted 16 by a written Petition in accordance with Section 2804 of the Streets 17 and Highways Code. 18 Section 9. Pursuant to the provisions and the authority 19 granted by the Improvement Act of 1911, the Board of Directors of 20 the Yorba Linda County Water District do hereby determine and 21 declare that, in the opinion of this Board of Directors, the 22 public interest will not be served by allowing the property owners 23 to take the contract and the property owners will not be allowed 24 or permitted to take the contract. The Board of Directors of said 25 Yorba Linda County Water District further hereby determine and 26 declare that the contractor to whom the contract is awarded may 27 sign said contract immediately upon the award of the contract and 28 must execute said contract and file the required bonds with said 29 Yorba Linda County Water District within twenty-five (25) days 30 after the date of first publication of notice of award of contract. 31 Section 10. That the Yorba Linda Star, a newspaper 32 printed, published and of general circulation in the Yorba Linda 7. I County Water District, Yorba Linda, California, is hereby desig- 2 nated as the newspaper in which this Resolution of Intention shall 3 be published by the District Secretary, in the manner and form 4 provided by law, and for making all other publications in the pro- 5 ceedings under this Resolution of Intention, unless otherwise 6 provided. 7 The District Secretary is directed to mail notices of the 8 adoption of this Resolution of Intention, postage prepaid, to all 9 persons owning real property which is proposed to be assessed, 10 whose names and addresses appear on the last equalized assessment 11 roll for District taxes, or as known to the District Secretary, 12: including the mailing of such notices to every owner of property 13 assessed by the State under Section 14 of Article XIII of the 14 Constitution of the State of California at the address thereof 15 shown on the last board roll transmitted to the County Auditor all 16 in the manner and form provided under said Improvement Act of 1911. 17 Section 11. That the General Manager is hereby directed 18 to cause to be conspicuously posted along the line of said con- 19 templated work or improvement and along all open streets within 20 the district liable to be assessed for said acquisition and work, 21 notices of the passage of this Resolution of Intention in the time, 22 form and manner provided by law. 23 Section 12. That the District Secretary is directed to 24 endorse on the original and on at least one copy of the map or plat 25 of the assessment district as referred to in Section 4 hereof his 26 certificate evidencing the date and adoption of this Resolution of 27 Intention, and he is further directed to file the original of such 28 map or plat in his office, and within fifteen (15) days after the 29 adoption of this resolution and in no event later than fifteen 30 (15) days prior to the date of hearing as provided in Section 7 31 hereof, he is further directed to file a copy of said map or plat, 32 with his endorsement thereon, with the County Recorder of Orange 8. 11 County, California, all in the manner and form provided by law. 21 ADOPTED, SIGNED AND APPROVED this 22 day of December y 3 1965. 4 5. 6' 7; ATTEST: 8 ` 9tit ~c GG~ +C r Secretary 10 11 STATE OF CALIFORNIA ) ss. 121 COUNTY OF ORANGE ) Chairman 13 I, Jean E. Mathews , Secretary of the Board of 14i Directors of the Yorba Linda County Water District, do hereby 15 certify that the foregoing resolution was duly adopted by the 16• Board of Directors of said District at a regular meeting of said 17 Board duly held on the 22 day of December 196,5_, and that 18, it was so adopted by the following vote: 19' AYES: DIRECTORS Wagner, McGuire, Clodt, Milmoe, Hastings 20, 211 NOES: DIRECTORS None i 22, ABSENT: DIRECTORS None 23 24 ~ Sp' etary of the Yorba Linda County 25 Water District and of the Board of Directors thereof. 26 27; (SEAL) 28 29 30 31 32 9.