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63-171
RESOLUTION NO. 63-171 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, .~ CALIFORNIA, DECLARING ITS INTENTION TO~ORDER~THE CONSTRUCTION OF CERTAIN STREET AND SANITARY SEWER WORK IN THE CITY OF SANTA ANA, CALIFORNIA; DESCRIBING THE DISTRICT TO BE BENEFITED BY SAID WORK AND TO BE ASSESSED TO PAYITHE COST AND EXPENSE THEREOF; DETERMINING THAT BONDS SHALL BE ISSUED TO REPRESENT ASSESSMENTS TO BE LEVIED; AND FIXING THE TIME AND PLACE FOR HEARING PROTESTS AND OBJECTIONS-TO SAID WORK, OR THE EXTENT.OF THE DISTRICT TO BE ASSESSED, OR BOTH, AND WHETHER PUBLIC CONVENIENCE AND NECESSITY REQUIRE SUCH IMPROVEMENTS, AND GIVING NOTICE.THEREOF. (Assessment District No. 221, Watkins Way) WHEREAS, this City Council proposes to take proceedings under the Improvement Act of 1911 (cou~encing at Section 5000, Streets and Highways Code), for the construction of certain street and sanitary sewer work; and WHEREAS, under Section 17 of Article XIII of the Constitution of the State of California, and Section 2804, Streets and Highways Code, this City Council proposes, after notice and hearing, to find and determine by no less than a four-fifths vote of all the members thereof, that the public convenience and neces- sity require such improvements and to order such improvements without application of the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 (commencing at Section 2800, Streets and Highways Code) and the debt limitation and majority protest provisions of said Act. NOW, THEREFORE, the City Council of the City of Santa Ana, California, DOES HEREBY RESOLVE, DETERMINE AND ORDER as follows: Section 1. The public interest and convenience require and it is the intention of the City Council of said city to order the following work to be done or improvement to be made in the City of Santa Ana, to wit: Certain grading and the construction of certain curbs, gutters, sidewalks, driveways and paving and appurtenances and appurtenant work on portions of: SULLIVAN STREET between the center line of McFadden Avenue and a line ap- proximately 10 feet southerly of and parallel with the southerly line of Wilshire Avenue; and MCFADDEN AVENUE between Sullivan Street and Golden West Avenue. Certain grading and the construction of certain curbs, gutters, sidewalks and paving and ap- purtenances and appurtenant work on portions of: WILSHIRE AVENUE between the easterly line of Sullivan Street and a line approximately 5 feet easterly of and parallel with said easterly line. Certain grading and the construction of certain sanitary sewers, curbs, gutters, sidewalks, driveways and paving and appurtenances and appurtenant work on portions of: SEVENTH STREET between the westerly line of Jackson Street and a line approximately 645 feet easterly of and parallel with said westerly line. Certain grading and the construction of certain curbs, gutters and paving and appurtenances and appurtenant work on portions of: JACKSON STREET between the southerly line of Seventh Street and a line approximately 45 feet southerly of and parallel with said southerly line. Certain grading and the construction of certain sanitary sewers and appurtenances and appurtenant work in portions of: NEWHOPE STREET between the easterly prolongation of the northerly line of Posey Street and the southerly line of McFadden Street. Certain grading and the construction of certain gutters and paving and appurtenances and appurtenant work on portions of: NEWHOPE STREET between lines approximately 25 feet northerly and southerly of and parallel with the center line of Watkins Way; and between lines approximately 25 feet northerly and southerly of and parallel with the center line of Posey Street. Certain grading and the construction of certain sanitary sewers, gutters, paving and street barriers and appurtenances and appurtenant work on portions of: WATKINS WAY between the westerly line of Newhope Street and a line approximately 815 feet westerly of and parallel with said westerly line; and POSEY STREET between the westerly line of Newhope Street and a line approximately 650 feet westerly of and parallel with said westerly line. Certain grading and the construction of a certain subsurface storm drain and a catch basin and appurtenances and appurtenant work in: THAT CERTAIN EASEMENT being the east 5 feet of the west 10 feet of the following described parcel: The north 108 feet of the north 1 acre of the east i~2~ acres of the west 8 acres of the south 16 acres of the southeast quarter of the northwest quarter of Section 16 in Township 5 South, Range 10 West in Rancho La Bolsas, as shown Ch a map thereof recorded in Book 51, Page 7, et seq., Miscellaneous Maps, Records of Orange County, California, excepting therefrom the westerly 65 feet. Certain grading and the construction of a surface storm drain and appurtenances and appurtenant work in: THAT CERTAIN EASEMENT more particularly described as follows: Beginning at a point in the north line of the herein below described Parcel said point being 245 feet west of the centerline of Newhope Street measured along said north line and the easterly extension of said north line, thence south 45° west 7.07 feet; thence south 68.36 feet; thence south 45° east 7.07 feet; thence south 4.14 feet to a point on the south line of said Parcel t~A'~; thence west 10 feet along said south line; thence north 45° west 7.07 feet; thence north 72.5 feet; thence north 45© west 7.07 feet to a point on the north line of Parcel "At'; thence east 20 feet along said north line to the point of beginning. Parcel ~'~' - The east 305 feet of the west 435 feet of the north 82.5 feet of the south 597.5 feet of the east half of the southeast quarter of the northwest quarter of Section 16, Towhship 5 South, Range 10 West, San Bernardino B.M~ and THOSE CERTAIN EASEMENTS in the following described parcels: Parcel 1 - The west 10 feet of the east 5~ feet of the north 99 feet of the south 515 feet of the east half of the southeast quarter of the northwest quarter of Section 16, Township 5 South, Range 10 West in the Rancho La Bolsas, as shown on a map thereof recorded in Book 51, Page 12, Miscellaneous Maps, Records of Orange County. Parcel 2 - A triangular shape parcel of land described as follows: Beginning at the intersection of the east line of the aforesaid Parcel 1 with a line that is parallel with and 11 feet north measured at right angles from the south line of said Parcel 1 thence 5 feet north; thence south 45° east 7.07 feet to said parallel line; thence west 5 feet to the point of beginning. Section 2. Ail the aforesaid work and improvements shall be constructed in accordance with and at the grades shown on the plans (which include profiles and detailed drawings) for.th? said work, designated "Plan No. A.D. 221", conslstzng of twelve (12) sheets mumbered 1 to 12, imclusive, and the specifications for said work, designated "Specifications No. A.D. No. 221". Said plans and specifications, heretofore approved by the City Council, are on file in the office of the Director of Public Works in the City Hall in said city, and reference is hereby made to said plans and specifications for the full and detailed description of said proposed work and grades. Notice is hereby given that the finished grades of the proposed work and improvement may differ from the grades of existing ground surfaces and improvements and from the official grades, if any, heretofore accepted or established for any of the streets and easements proposed to be improved. The estimated cost of said work or improvement, inclusive of incidental expense of the proceedings, is the sum of $75,449.09. Section 3. This City Council hereby makes the expense of said work chargeable upon a district, which district this City Council hereby declares to be the district benefited by the said work and to be assessed to pay the cost and expense thereof. Said district is described by a map designated "Map of Assessment District No. 221", consisting of one sheet, which indicates by a boundary line the extent of the territory included in the proposed district and which shall govern for all details as to the extent of the assessment district. Said map was heretofore approved by this City Council, is on file in the office of the Clerk of the Council and reference is hereby made to said map for a description of said district. Section 4. Serial bonds bearing interest at the rate of six per cent (6%) per annum shall be issued to represent each assessment of fifty dollars ($50) or over remazning unpaid for thirty (30) days after the date of recordation of the warrant. Said serial bonds shall extend over a period ending 9 years from the second day of January next succeeding the next September 1st following their date. Said bonds are to be issued pursuant to and as provided in the Improvement Act of 1911. Section 5. Notice is hereby given that December 16, 1963 at the hour of 7:30 P.M. in the Council Chambers of said City Council at the City Hall, 217 North Main Street, in said city are the day, hour and place fixed for the hearing of protests and objections by the City Council. Any and all persons having any protest or objection to said proposed work, the extent of said assessment district, or the proposed grades, may appear before the City Council at said hearing~ and show cause why said proposed work should not be carried out in accordance with this resolution of intention. Protests or objections must be in writing and must be delivered to the Clerk of the Council of said city, not later than the day and hour set for said hearing. Section 6. Notice is further given that at the previously mentioned day, hour and place, and con- currently with the aforementioned hearing, the City Council will also hold a public hearing on the question of whether public convenience and necessity require such improvements, and whether the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 and the debt limitation and majority protest provisions thereof shall apply. Notice of the public hearing provided for by this section shall be published, posted and mailed by the same means, at the same time and in the same manner hereinafter provided for the publication of this resolution, and the posting and mailing of notice of adoption or passage thereof. Section 7. Said Clerk o~ the Council is hereby directed to mail notices of the adoption of this resolution and the Director of Public Works of said city is hereby directed to post notices of the passage of this resolution, both such notices to be given in the time, form and manner provided by law. Section 8. THE REGISTER, a newspaper of general circulation, published and circulated in the City of Santa Ana, is hereby selected as the newspaper in which this resolution shall be published and, except when otherwise ordered by this City Council, in which all other publications in the proceed- ings pursuant to this resolution of intention shall be made. The Clerk of the Council is hereby directed to certify to the adoption of this resolution and to cause said resolution to be published in the manner provided by law. Section 9. Said proposed work and improvement and proceedings therefor are to be done under and pursuant to said Improvement Act of 1911. ADOPTED, SIGNED AND APPROVED this November, 1963. day of ATTEST: Cletk of Council of the City of Santa Ana, California. ~VED AS TO FORM: ~i~y Attorney of the Cz~y of ~nta Aha, California. STATE OF CALIFORNIA ) COUNTY OF ORANGE . ) ss CITY OF SANTA ANA ) I, DORIS M. BROWN, do hereby certify that I am the Clerk of the-Council of the City of Santa Aha; that the foregoing resolution was regularly introduced to said Council at its regular meeting held on the ~ay of November, 1963, and was at s~±d meeting y passed and adopted by the following vote, to wit: AYES, NOES, COUNCILMEN:HuBBard, Harvey, Gilmore, Schlueter, Hall COUNCILMEN (S L) ABSENT, COUNCILMEN: ~'one CLERK OF THE COUNCIL