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HomeMy WebLinkAbout71-083RESOLUTION NO. 71-83 RESOLUTION OF INTENTION ASSESSMENT DISTRICT NO. 225 SANTA ANA, CALIFORNIA The City Council of the City of Santa Ana, California, in regular session assembled, does hereby resolve and determine as follows: SECTION 1: It is the intention of said City Council, after acquiring jurisdiction to do so pursuant to the provisions of Article XIII, Section 17, of the Constitution, and Division 4 of the Streets and Highways Code of the State of California, and Seetions 7230 to 7233, inclusive, of the Santa Ana Municipal Code, to order the following acquisition of permanent rights-of-way for public street purposes and the following work to be done and improve- ments to be made in said City of Santa Ana, California, to wit: The acquisition of the following described permanent rights-of-way for public street purposes in this assessment district, said rights-of-way being necessary and convenient in connection with the proposed improvement hereinafter described. Said rights-of-way are situated in the City of Santa Ana, County of Orange, State of California, and are described as follows: That portion of Lot 1 in Block B of Tract No. 737, in the City of Santa Ana, as shown on a map thereof recorded in Book 22, Page 42, Miscellaneous Maps, records of said Orange County, described as follows: A spandrel shaped parcel of land bounded on the North by the North line of said Lot 1; bounded on the West by the West line of said Lot 1; and bounded Southeasterly by the arc of a curve concave Southeasterly, having a radius of 10.00 feet and tangent to said North and West boundaries. That portion of Lot 7 in Block B of Tract No. 737, in the City of Santa Ana, as shown on a map thereof recorded in Book 42, Page 32, Miscellaneous Maps, records of said Orange County, described as follows: A spandrel shaped parcel of land bounded on the South by the Southerly line of said Lot 7; bounded on the West by a line parallel with and 5.00 feet Easterly, measured at right angles, from the Westerly line of said Lot 7; and bounded Northeasterly by the arc of a curve concave Northeasterly, having a radius of 5.00 feet and tangent to said Southerly and Westerly boundaries. That portion of Lot 46 in Block "A" of Tract No. 506, in the City of Santa Ana, as shown on a map thereof recorded in Book 17, Pages 26 and 27, Miscellaneous Maps, records of said Orange County, described as follows: Beginning at the Northeast corner of said Lot 46; thence South 15° 06' West along the Easterly line of said Lot a distance of 14.36 feet; thence North 74° 54' West 5.00 feet to a point on a non-tangent curve concave Southwesterly and having a radius of 25.00 feet, a radial from said curve to said point bears North 74° 54' West; thence Northerly along said curve through a central angel of 28° 26' 23", an arc distance of 12.41 feet to the Northerly line of said Lot 46; thence Easterly along the Northerly line of said Lot a distance of 8.43 feet, more or less, to the point of beginning. -1- That portion of Lot 49 in Block A of Tract No. 506, in the City of Santa Ana~ as shown on a map recorded in Book 17, Pages 26 and 27, Miscellaneous Maps, records of said Orange County, described as follows: A sprandrel shaped parcel of land bounded on the East by the Easterly line of said Lot 49; bounded on the South by a line parallel with and 1.00 foot Southerly, measured at right angles, from the Southerly line of said Lot 49; and bounded Northwesterly by the arc of a curve Northwesterly, having a radius of 20.00 feet and tangent to said Easterly and Southerly boundaries. That portion of Lot 45 in Block B of Tract No. 506, in the City of Santa Ana, as shown on a map thereof recorded in Book 17, Pages 26 and 2?, Miscellaneous Maps, records of said Orange County, described as follows: A spandrel shaped parcel of land bounded on the East by the Easterly line of said Lot 45; bounded on the North by a line parallel with and 2.00 feet Northerly, measured at right angle, from the Northerly line of said Lot 45; and bounded Southwesterly by the arc of a curve concave Southwesterly, having a radius of 14.00 feet and tangent to said Easterly and Northerly boundaries. That portion of Lot 49 in Block B of Tract No. 606, in the City of Santa Ana, as shown on a map recorded in Book 17, Pages 26 and 2?, Miscellaneous Maps, records of said Orange County, described as follows: A spandrel shaped parcel of land bounded on the East by the Easterly line of said Lot 49; bounded on the South by a line parallel with and 1.00 foot Southerly, measured at right angles, from the Southerly line of said Lot 49; and bounded Northwesterly by the arc of a curve concave Northwesterly, having a radius of 20.00 feet and tangent to said Easterly and Southerly boundaries. That portion of Lot 23 in Block B of Tract No. 506; in the City of Santa Aha, as shown on a map thereof recorded in Book 17, Pages 26 and 2? of Miscellaneous Maps, records of said Orange County, described as follows: A spandrel shaped parcel of land bounded Westerly by a line parallel with and 6.00 feet Westerly, measured at right angles, from the Westerly line of said Lot 23; bounded Southerly by a line parallel with and 1.00 foot Southerly, measured at right angles; from the Southerly line of said Lot 23; and bounded Northeasterly by the arc of a curve concave Northeasterly, having a radius of 21.00 feet and tangent to said Westerly and Southerly boundaries. That portion of Lot 45 in Block "C" of Tract No. 506, in the City of Santa Ana, as shown on a map thereof recorded in Book 17, Pages 26 and 27, Miscellaneous Maps, records of said Orange County, described as follows: A spandrel shaped parcel of land bounded on the East by the Easterly line of said Lot 45; bounded on the North by a line parallel with and 1.00 foot Northerly, measured at right angle, from the Northerly line of said Lot 45; and bounded Southwesterly by the arc of a curve concave Southwesterly, having a radius of 20.00 feet and tangent to said Easterly and Northerly boundaries. -2- That portion of Lot 49 in Block "C" of Tract No. 506, in the City of Santa Ana, as shown on a map recorded in Book 17, Pages 26 and 27, Miscellaneous Maps, records of said Orange County, described as follows: A spandrel shaped parcel of land bounded on the East by the Easterly line of said Lot 49; bounded on the South by a line parallel with and 1.00 foot Southerly, measured at right angles, from the Southerly line of said Lot 49; and bounded Northwesterly by the arc of a curve Northwesterly, having a radius of 20.00 feet and tangent to said Easterly and Southerly boundaries. 10. That portion of Lot 45 in Block D of Tract 506, in the City of Santa Ana, as shown on a map recorded in Book 17, Pages 26 and 2? of Miscellaneous Maps, records of said Orange County, described as follows: A spandrel shaped parcel of land bounded on ~e East by the Easterly line of said Lot 45; bounded on the North by a line parallel with and 1.00 foot Northerly, measured at right angle, from the Northerly line of said Lot 45; and bounded Southwesterly by the arc of a curve concave Southwesterly, having a radius of 20.00 feet and tangent to said Easterly Northerly boundaries. 11. That portion of Lot 49 in Block D of Tract No. 506, in the City of Santa Ana, as shown on a map recorded in Book 17, Pages 25 and 2?, Miscellaneous Maps, records of said Orange County, described as follows: A spandrel shaped parcel of land bounded on the East by the Easterly line of said Lot 49; bounded on the South by a line parallel with and 1.00 foot Southerly, measured at right angles, from the Southerly line of said Lot 49; and bounded Northwesterly by the arc of a curve concave Northwesterly, having a radius of 20.00 feet and tangent to said Easterly and Southerly boundaries. 12. That portion of Lot 23 in Block E of Tract No. 506, in the City of Santa Ana, as shown on a map thereof recorded in Book 17, Pages 26 and 2?, Miscellaneous Maps, records of said Orange County, described as follows: A spandrel shaped parcel of land bounded on the East by the Easterly line of said Lot 23; bounded on the North by a line parallel with and 1.00 foot Northerly, measured at right angle, from the Northerly line of said Lot 23; and bounded Southwesterly by the arc of a curve concave Southwesterly, having a radius of 20.00 feet and tangent to said Easterly and Northerly boundaries. -3- The construction and installation of concrete curb and gutter, concrete cross gutters, concrete sidewalks, asphalt concrete pavement over aggregate base material, concrete driveway approaches, the adjustment of existing manholes to the grade of said work, roadway excavation, the removal of existing street pavement, encroaching block walls, and all other obstacles in the line of work; all together with appurtenances and appurtenant work in: A. Stanford Street, from its intersection with King Street to its intersection with Diamond Street and in the Westerly 1/2 of Diamond Street for a distance of 43 feet North and 43 feet South of the center line of Stanford Street, with a portion of the existing street pavement to remain in place in Stanford Street, from 59 feet East of its intersection with the center line of Greenville Street, to 250 feet East of said center line. B. Pomona Street from its intersection with King Street to its intersection with Greenville Street and from its intersection with Greenville Street to its intersection with Center Street, C. California Street from a point 93 feet East of its intersection with the center line of King Street to Greenville Street. D. Occidental Street from a point 89 feet East of its intersection with the center line of King Street to its intersection with Greenville Street. E. Greenville Street from the existing Street improvements 191 feet South of its intersection with the center line of Occidental Street to the existing street improvements in its intersection with Edinger Avenue, with the usable existing curb and gutter to remain in place on the East side of Greenville Street from Station 12+54.13 to its intersection with Edinger Avenue and on the West side thereof from Station 12+61.9 to Station 13+78.6. F. Townsend Street from its intersection with Occidental Street to its intersection with Pomona Street. G. Diamond Street from its intersection with Occidental Street to the existing street improvements in its intersection with Edinger Avenue, with the usable existing sidewalk to remain in place on the West side of Diamond Street. H. Center Street from its intersection with Occidental Street to a point in the Westerly 1/2 of Center Street, 727 feet North of the center line of Occidental Street, and to a point in the Easterly 1/2 of Center Street, 515 feet North of said center line of Center Street; and together with the removal and replacement of portions of the existing concrete and street pavement driveways upon private property along all of said streets in order to eliminate the disparity in level and size between the aforesaid improvements and said existing driveways; provided the written consent of the respective owners of said private property to said work upon the respective parcels of private property is first had and obtained. Said City Council hereby determines that it is in the public interest and more economical to do such work on private property than to adjust the work in said streets to eliminate such disparity; and together with the construction and installation of an 8-inch diameter vitrified clay pipe sewer system, including 8-inch diameter vitrified clay pipe sewer main, manholes with cast iron rings and covers, the relocation and connection of existing sewer laterals to said sewer system, and the existing sewer system, the encasement of some of said sewer laterals, together with appurtenances and the appurtenant work in: -4- 1. Pomona Street from an existing manhole in its intersection with King Street to an existing manhole 448 feet East thereof. 2. Stanford Street for 130 feet East of an existing flushout in its intersection with King Street but limited to the encasement of existing sewer laterals. 3. California Street from an existing cleanout 158 feet East of its intersection with the center line of King Street for 142 feet east thereof but limited to encasement of existing sewer laterals. 4. Occidental Street from an existing flushout 147 feet East of its intersection with the center line of King Street to a point 150 feet East of said flushout. 5. Greenville Street between Pomona Street and Stanford Street but limited to the construction of a manhole in the existing sewer main on the Westerly side of the center line of Greenville Street 116 feet North of its intersection with the center line of Pomona Street, the abandonment of the balance of said sewer main for a distance of 100 feet to the North of said manhole and the relocation of the sewer laterals in said 100 feet area to the existing sewer main on the East side of said center line. 6. Diamond Street between Pomona Street and Edinger Avenue but limited to the encasement of the seven existing sewer laterals in Diamond Street. 7. Center Street but limited to the encasement of the existing sewer lateral located 79 feet South of the centerline of Pomona Street, and the existing sewer lateral located 182 feet North of the center line of Pomona Street. SECTION 2: Ail of the above mentioned acquisition and work, including the grade to which said work shall be done and the location thereof in and upon the streets and rights of way above mentioned, shall be done upon the grades, along the lines, between the points, of the dimensions, at the places and in the manner described and set forth in the plans, profiles and detailed drawings of said work and to specifications for said work heretofore adopted by said City Council on September 7, 1971, by its Resolution No. 71-81 , which plans, profiles, detailed drawings and specifications are on file in the office of the Director of Public Works and which are hereby referred to for a more particular description of said acquisition and work, grade of said work, and location of said work in and along the streets and rights of way hereinbefore mentioned. SECTION 3: The expenses of said acquisition, work and im- provements shall be chargeable upon a district, which said district said City Council hereby declares to be the district benefited by the work and improvements herein described and to be assessed to pay the cost and expenses thereof. Said district shall include that territory in said City of Santa Ana, entitled "PROPOSED BOUNDARIES OF ASSESSMENT DISTRICT NO. 225, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA," and which said map or plat indicates by a boundary line the extent of the territory included in the pro- posed district and covers all details as to the extent of the area to be assessed. Reference is hereby made to said map or plat. SECTION 4: Serial bonds shall be issued in the manner and form provided in Part 5, Division 7 of the Streets and Highways Code of the State of California, the Improvement Act of 1911, to represent unpaid assessments of Fifty Dollars ($50.00) or over. -5- Said bonds shall bear interest at the rate of seven percent (7%) per annum, payable semi-annually, and the last installment of said bonds shall mature nine (9) years from the second day of January next succeeding the first day of September following their date. The redemption provisions of said serial bonds shall provide, in addition to all other matters required by law, for the payment of a premium of five percent (5%) of the unmatured principal thereof, should the owner or any person interested in any lot or parcel of land upon which such bonds have been issued desire to pay off any of such bonds and discharge the land described in any of such bonds from the lien of said assessment prior to its maturity and the commencement of proceedings for sale. SECTION 5: NOTICE IS HEREBY GIVEN that on Monday, the 1st day of November,1971, at the hour of 7:30 o'clock P.M. of said day, in the council chambers in the City Hall Annex, .530 No~h Ross Street in said City of Santa Ana, California, the meeting place of said City Council, any and all persons having any objection to the proposed acquisition: work or improvement, or any objection to the grades to which said work is to be done, or any objection to the boun- daries of the district proposed to be assessed to pay the cost and expenses of said work and improvements may appear before said City Council and show why said proposed work or improvements should not be carried out in accordance with this resolution of intention, and may present written protests in the form and manner required by law not later than the hour hereinabove set for hearing objections against the doing of said work, the grades to which said work is to be done, or the extent of the territory to be assessed to pay the cost and expenses thereof. SECTION 6: NOTICE IS HEREBY FURTHER GIVEN that a public hearing will be held by said City Council pursuant to the provisions of Article XIII, Section 17, of the Constitution, and Division 4 of the Streets and Highways Code of the State of California, Sections 33-43 to 33-46, inclusive, of the Santa Ana Municipal Code, and Resolution No. ?~-8~ of this City Council adopted September 7, 1971, for the purpose of finding and determining whether the public convenience and necessity require the aforesaid work and improvement. Said public hearing shall be held concurrently and combined with the protest hearing provided for in Section 5 of this resolution of intention at 7:30 o'clock P.M. on Monday, Novemberl, 1971, or as soon thereafter as said public hearing can be held, in the council chambers in the City HallAnnex, in said C~y of Santa Ana, California at which time any person desiring may appear and be heard. SECTION 7: The Clerk of the Council of said City of Santa Ana shall cause this resolution of intention to be published twice in The Register, a newspaper of general circulation, published and circulated in said City of Santa Ana, California, which said newspaper has heretofore been designated by said City Council as the newspaper in which shall be printed and published all notices, resolutions, orders and other matters required to be published in the proceedings to be taken pursuant to this resolution and under the provisions of the Improvement Act of 1911; the first publication of said notice shall be not less than ten (10) days prior to the date herein fixed for the public hearing fixed by this resolution of intention. SECTION 8: The Superintendent of Streets of said City of Santa Ana shall cause to be conspicuously posted along the line of said contemplated work and improvements, and on all of the open streets within the assessment district, notice of the passage of this resolution of intention, in the time, form and manner required by law. -6- SECTION 9: The Clerk of the Council of said City of Santa Ana is hereby directed to mail notices of the adoption of this resolution of intention, postage prepaid, to all persons owning real property proposed to be assessed to pay any part of the cost of said work, whose names and addresses appear on the last equalized assessment roll for real property taxes, or as known to said Clerk. Said mailing is to be completed at least fifteen (15) days prior to the day herein fixed for the public hearing on this resolution of intention, all in the time, form and manner prescribed in said Improvement Act of 1911. SECTION 10: NOTICE IS HEREBY GIVEN that the grades to which said work to be done are, or may be in part, new and different from those heretofore established, or may be and in some cases are different from existing ground levels. The change of grade from existing ground levels that will result upon the completion of said work in the streets hereinbefore named, will vary from six inches above the existing ground level to twelve inches below existing ground level. SECTION 11: The total estimated cost of said work and improvement including incidental costs is in the amount of $267,880.21. The total estimated cost of said acquisition of rights-of-way, includ- ing estimated incidental costs thereof, is in the amount of $2,000.00 and is in addition to the total estimated costs of said work and improvement. The City of Santa Ana will contribute to the cost of said work the actual cost of all pavement replacement including excavation and aggregate base material therefor, all Portland cement concrete replacement of curb, gutter and sidewalk where these items must be replaced to obtain proper drainage or elevation, and all sewer work including the required replacement and encasement of sewer laterals. The estimated amount of said contribution is $78,929.40. Said contribution shall be paid to the contractor in monthly installments for work completed each month during the progress of said work in the manner set forth in the general speci- fications of said City of Santa Ana. SECTION 12: Payment in advance of the incidental expenses and acquisition costs of this assessment district is hereby waived. Said expenses and costs shall be paid in full by the contractor at the time of the delivery of the warrant, assessment and assessment diagram. ADOPTED the 7th day of September, 1971. Mayor ATTEST: Clerk of the Council I, FLORENCE I. MALONE, do hereby certify that I am the Clerk of the Council of the City of Santa Ana, State of California; that the foregoing resolution was regularly introduced to said Council at its regular meeting held on the 7th day of September, 1971, and was at said meeting regularly passed and adopted by the following vote, to wit:i AYES: COUNCILMEN: Herrin, Evans, Villa, Yamamoto, Griset NOES: COUNCILMEN: Markel ABSENT: COUNCILMEN: Patterson Clerk of the Council -7-