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HomeMy WebLinkAbout1994-009 ;- 1 2 3 4 5 6 7 RESOLUTION NO. 94-9 RESOLUTION OF THE CITY OF SAN BERNARDINO DETERMINING THAT PROTESTS BY PROPERTY OWNERS OWNING LESS THAN FIFTY PERCENT (50%) OF THE ASSESSED VALUE OF THE TERRITORY PROPOSED TO BE REORGANIZED HAVE BEEN FILED AND ORDERING ANNEXATION NO. 343 (LAFCO 2756) FOR THE TERRITORY GENERALLY LOCATED SOUTHWESTERLY OF CAJON BOULEVARD, SOUTHEASTERLY OF DEVORE ROAD AND ANNEXATION TO THE SAN BERNARDINO VALLEY MUNICIPAL WATER DISTRICT AND DETACHMENTS FROM CENTRAL VALLEY FIRE PROTECTION DISTRICT AND CSA 36, CSA 36- G, CA 70, CSA 70-A. WHEREAS, pursuant to the provisions of the Cortese-Knox Local 8 Government Reorganization Act of 1965. Division 3, commencing with section 9 56000 of the California Government Code, proceedings were initiated by the 10 Common Council of the City of San Bernardino, for reorganization of certain 11 contiguous uninhabited territory hereinafter described; and 12 WHEREAS, a Landowner in the proposed reorganization has requested 13 annexation to the City of San Bernardino to receive extended urban services; 14 and 15 16 17 WHEREAS, the Local Agency Formation Commission has set forth the following terms and conditions in its Resolution No. 2341: "Condition No. 1. The 18 proceeding shall be the City of San Bernardino, conducting authority 19 for this 20 in Exhibits "A-I", "A-2", and "A-3" attached. "Condition No.2. The boundaries are approved as set forth 21 22 designation shall be used throughout this proceeding: LAFCO 2756. "Condition No.3. The following distinctive short form 23 "Condition No.4. All previously authorized charges, fees, 24 assessments, and/or taxes currently in effect by the City of San Bernardino 25 and the San Bernardino Valley Municipal Water District (annexing agencies) 26 shall be assumed by the annexing territory in the same manner as provided in 27 the original authorization pursuant to Government Code Section 56644(c). 28 12-17-93 -1- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 RESOLUTION ORDERING ANNEXATION NO. 343 FOR THE TERRITORY GENERALLY SOUTHWEST OF CAJON BOULEVARD, SOUTHEAST OF DEVORE ROAD. 94-9 "Condition No.5. The City of San Bernardino, as the initiator of this proposal, agrees to defend, indemnify, hold harmless, and provide for reimbursement or assumption of all legal costs in connection with approval of this proposal. "Condition No.6. The date of issuance of the Certificate of Completion shall be the effective date of this reorganization." WHEREAS, a public hearing was set for the 10th day of January, 1994, at the hour of 10:00 am in the Council Chambers of City Hall. 300 N. "D" Street, San Bernardino. California, and the same was the day, hour and place designated where any and all persons owning land within the territory proposed for reorganization may file a written protest with the City Clerk, prior to the conclusion of said hearing; and WHEREAS, all owners of land within the territory proposed for reorganization, and all affected agencies were notified of said hearing by mail ing, publication and posting of a "Notice of Publ ic Hearing" pursuant to the provisions of California Government Code Section 57025. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN 18 BERNARDINO AS FOLLOWS: 19 20 Code, a hearing was held on the day, and at the time and place as set forth SECTION 1. That pursuant to Section 57050 of the California Government 21 hereinabove, and protests were filed and received by property owners owning 22 less than fifty percent (50%) of the total assessed value of the area 23 proposed for reorganization, by the conclusion of said hearing. 24 SECTION 2. A description of the boundaries for the reorganization are 25 more fully described in the attached Exhibit "A-I" (annexation to the City 26 of San Bernardino), Exhibit "A-2" (annexation to the San Bernardino Valley 27 Municipal Water District) and Exhibit "A-3" (detachment from Central Valley 28 Fire Protection District), attached hereto and incorporated by reference as fully as though set forth in length. 12-17-93 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOL~TION ORDERING ANNEXATION 'NO. 343 FOR THE TERRITORY, GENERALLY SOUTHWEST OF CAJON BOULEVARD, SOliTHEAST OF DEVORE ROAD. 94-9 SECTION 2. Said territory herein described in said Exhibit "A-I" known as Annexation No. 343 designated as LAFCO 2758, is hereby annexed and incorporated in and made a part of the City of San Bernardino. SECTION 3. The area described as said Exhibit "A-2" is hereby annexed into the San Bernardino Valley Municipal Water District and is subject to all the normal fees and assessments of said district; and SECTION 4. The above annexed territory described in said Exhibit "A-I" will be subject to taxation equally with the property within such municipal corporation. SECTION 5. The regular County Assessment Roll is utilized by the City of San Bernardino and San Bernardino Valley Municipal Water District. SECTION 6. The property herein annexed to the City of San Bernardino is declared to be a part of Ward 6 and the boundaries of Ward 6 are hereby altered to include said annexed territory, and has a designated land use of as set forth in Specific Plan 90-01, General Plan Amendment 91-18 and the City's General Plan as it now exists. SECTION 7. The area included in the above annexation is hereby detached from County Service Area 38, Improvement Zone G of County Service Area 38, County Service Area 70, Improvement Zone A of County Service Area 70, and detached from the Central Valley Fire Protection District, as described in said Exhibit "A-3" , without split of assets or liability. SECTION 8. The City Clerk shall cause a certified copy of this Resolution to be forwarded to the Executive Officer of th Local Agency Formation Commission. / / / / / / / / / / / / 12-17-93 -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION ORDERING ANNEXATION NO. 343 FOR THE TERRITORY GENERALLY SOUTHWEST OF CAJON BOULEVARD, SOUTHEAST OF DEVORE ROAD. 94-9 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a adjourned reqular meeting thereof held on the 10th day of January , 19 94 , by the following vote, to-wit: Council Members: AYES NAYS ABSTAIN ABSENT NEGRETE X CURLIN X HERNANDEZ X OBERHELMAN X DEVLIN X POPE-LUDLAM X MILLER X The foregoing January resolution is , 19 94 . Approved as to form and legal content: JAMES F. PENMAN, City Atforney ) By: lltz/}1M') '7. Ii C~'0~~ {l 12-17-93 Q~~ City e.lerk hereby approved this \"),"\1\ of day ~ J' /', li:}1 //I;.-~ TOM MINOR, ~afor City of San Bernardino -4- ---.------~ 94-9 LAFCO 2758 Revision 1/1 08/17/93 . - CITY OF .SAN BERNARDINO ANNEXATION NO. 343 ALL THAT REAL PROPERTY LOCATED IN THE COUNTY OF SAN BERNARDINO. STATE OF CALIFORNIA. INCLUDING PORTIONS OF THE RANCHO MUSCUPIABE, AS PER PLAT RECORDED III BOOK 7 OF MAPS, PAGE 23, RECORDS OF SAID COUNTY AND ALL TRACTS, SUBDIVISIONS AND PARCELS. OR PORTIONS THEREOF , LYING WITHIN THE FOLLOWING~ DESCRIBED REAL PROPERTY: COMMENCING AT THE INTERSECTION OF THE CENTERLINES OF THE 1-215 FREEWAY AND PALM AVENUE; THENCE SOUTHWESTERLY, ALONG SAID CENTERLINE OF PALM AVENUE, A DISTANCE OF 950 FEET MORE OR LESS TO AN ANGLE POINT ON THE CORPORATE CITY LIMIT LINE OF THE CITY OF SAN BERNARDINO; THENCE CONTINUING ALONG THE CORPORATE CITY LIMIT LINE OF THE CITY OF SA/( BERKAADlNO TO AM ANGLE POINT, SAID POINT BEING ON THE WESTERLY LINE OF CAJON BOULEVARD; THENCE CONTINUING ALONG SAID CORPORATE CITY LIMIT LINE ALONG THE WESTERLY LINE OF CAJON BOULEVARD NORTHWESTERLY TO AN ANGLE POINT; THENCE CONTINUING SOUTHWESTERLY ALONG SAID CORPORATE CITY LIMIT LINE TO AN ANGLE POINT, SAID POINT BEiNG ON THE CENTERLINE OF THE SOUTHERN PACIFIC RAILROAD RIGHT-OF-WAY AS ESTABLISHED BY DEED IN BOOK 6490, PAGE 203 OF OFFICIAL RECORDS OF THE COUNTY RECDRDER OF SAN BERNARDINO COUNTY, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID CORPORATE CITY LIMIT LINE ALONG THE SOUTHERLY LINE OF LAND CONVEYED TO THE COUNTY OF SAN BERNARDINO SOUTH 51" 31' WEST A DISTANCE OF EXHIBIT "A-I" ,... O~ /10/93 '94-9 2 2,020 FEET MORE OR LESS TO THE MOST SOUTHERLY CORNER OF SAID LAND CONVEYED TO THE COUNTY OF SAN BERNARDINO; THENCE NORTH 21' 19' 34" WEST A DISTANCE OF 1,618.64 FEET; THENCE NORTH 14' 25' 30" EAST A DISTANCE OF 1,400 FEET MORE OR LESS TO A POINT ON THE SOUTHWESTERLY LINE OF THE SOUTHERN PACIFIC RAILROAD RIGHT-OF-WAY; THENCE ALONG SAID SOUTHWESTERLY LINE NORTH 53' 27' 33" WEST A DISTANCE OF 520 FEET MORE OR LESS TO A POINT ON THE SOUTHWESTERLY PROLONGATlOH OF THE SOUTHEASTERLY LINE OF LAND CONVEYED TO CALMAT CO. AS SHDWN ON RECORDr. OF SURVEY IN BOOK 43 PAGES 17 AND 18 FILED APRIL 27, 1981 IN THE OFF,ICE OF THE COUNTY:RECORDER OF SAN BERNARDINO COUNTY; THENCE ALONG SAID SOUTHEASTERLY LINE AND THE PROLONGATION THEREOF NORTH 38" 37' 51" EAST A DISTANCE OF 1,559-- FEET MORE OR LESS TO, THE CENTERLINE OF CAJON BOULEVARD; THENCE NORlHWEStERLy ALONG SAID CENTERLINE TO A POINT ON THE SOUTH LINE OF LOT 11 OF MEYER ~ BARCLAY SUBDIVISION MAP IN BOOK 12 PAGE 18 OF OFFICIAL RECORDS OF THE COUNTY RECORDER OF SAN BERNARDINO COUNTY; THENCE ALONG THE SOUTH LINE OF SAID LOT 11 SOUTH 89' 20' 47" WEST A DISTANCE OF 1,030 FEET HORE OR LESS TO THE SOUTHEAST CORNER OF LOT "Q" OF SAID MEYER AND BARCLAY SUBDIVISION; THENCE ALDNG THE EAST LINE OF SAID LOT "Q" NORTH 2' 30' 34" EAST A DISTANCE OF 454.40 FEET TO A POINT ON THE SOUTHWESTERLY LINE OF THE SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT RIGHT-OF-WAY; THENCE NORTHWESTERLY ALONG SAID SAN 'BERNARDINO ,COUNTY FLOOD CDNTRDL DISTRICT RIGHT-OF-WAY LINE TO A POINT ON THE WESTERLY LINE OF LOT "N"; THENCE NORTHERLY ALONG SAID WESTERLY LINE TO A POINT ON THE NORTHEASTERLY LINE OF SAID SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT RIGHT- OF-WAY; THENCE SOUTHEASTERLY ALONG SAID RIGHT-OF-WAY TO A POINT ON THE 94-9 3 EASTERL Y LINE OF SAID LOT "0"; THENCE NORTHWESTERLY ALONG THE EASTERLY LINE OF SAID LOT "0" TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF THE ATCHISON, TOPEKA AND SANTA FE RAILROAD; THENCE NORTHWESTERLY ALONG SAID NORTHERLY RIGHT- OF-WAY LINE A DISTANCE OF 686.88 FEET TO THE WEST LINE OF LAND CONVEYED TO THE SAN BERNARDINO WATER UTILITIES CORPORATION; THENCE ALONG SAID WEST LINE NORTH 6"4D'20" EAST A DISTANCE OF 801.83 FEET; THENCE SOUTH 47"11' 53" EAST A DISTANCE OF 25.00 FEET; THENCE NORTH 43"15'52" EAST (RECORD NORTH 42"52'22" EAST), PER RECORD OF SURVEY IN BOOK 44, PAGE 28 OF OFFICIAL RECDRDS OF THE COUNTY RECORDER OF SAN BERNARDINO COUNTY TO THE CENTERLINE OF CAJON BOULEVARD; THENCE NORTHWESTERLY ALONG SAID CENTERLINE OF CAJON BOULEVARD TO ITS INTERSECTION WITH THE EASTERLY LINE OF PARCEL MAP NO. 457 FILED IN BOOK 4 OF PARCEL MAPS, PAGE 93, DECEMBER 10, 1970 IN THE OFFICE OF THE COUNTY RECORDER OF SAN BERNARDINO COUNTY AND THE EASTERLY LINE OF BLDCK 33 MAP Of DEVORE IN BOOK 17, PAGES 79 AND 80; THENCE ALONG SAID EASTERLY LINE SOUTH IS" 42' 25" WEST A DISTANCE OF 2,198.62 FEET TO ITS INTERSECTION WITH THE EASTERLY GLEN HELEN RANCH LINE, SAID POINT ALSO BEING THE MOST SOUTHEASTERLY COAHER OF PARCEL 2 OF PARCEL MAP NO. 457; THENCE_ALONG SAID EASTERLY LINE SOUTH 42" 42' 16" EAST A DISTANCE OF 4,680.08 FEET; THENCE CONTINUING ALONG SAID EASTERLY LINE SOUTH 22" 26' 33" EAST A DISTANCE OF 9,549.18 FEET; THENCE SOUTH 00 25' 07" EAST A DISTANCE OF 1,753.11 FEET TO ITS INTERSECTION WITH THE NORTH LINE OF FARM HOMES AS SHOWN ON COUNTY SURVEY MAP NO. 1156, AS SHOWN BY RECORD OF SURVEY ON FILE IN BOOK 42 OF MAPS, PAGE 88, OFFICIAL RECORDS OF THE COUNTY RECORDER OF SAN BERNARDINO COUNTY; THENCE ALONG SAID NORTH LINE NORTH 890 55' 94-9 4 41. EAST A DISTANCE OF 3,323.74 FEET TO ITS POINT OF INTERSECTIDN WITH THE WESTERLY LINE OF LAND DESCRIBED AS PARCEL 1 IN DEED TO CHARLES S. OLDER ET UX, RECORDED APRIL 30, 1954, IN BOOK 3374, PAGE 365 OF OFFICIAL RECORDS OF THE COUNTY RECORDER OF SAN BERNARDINO COUNTY; THENCE ALONG SAID WESTERLY LINE AND THE SOUTHERLY PROLONGATION THEREOF SOUTH 180 45' 00. EAST A DISTANCE OF 3,081.38 FEET; THENCE DUE EAST A DISTANCE OF 100.00 FEET; THENCE SOUTH 750 37' 30. EAST A DISTANCE OF 200.00 FEET; THENCE NORTH 140 22' 30. EAST A DISTANCE OF 225.00 FEET TO A POINT ON THE WEST LINE OF THE SOUTHERN PACIFIC RAILROAD RIGHT-OF-WAY AS ESTABLISHED BY DEED IN BOOK 6490, PAGE 203 OF OFFICIAL RECORDS OF THE COUNTY RECORDER OF SAN BERNARDINO COUNTY; THENCE ALONG SAID WEST LINE DUE SOUTH A DISTANCE OF 260.00 FEET; THENCE DUE EAST A DISTANt! OF lZO;OO fEET. TO THE CENTERLINE OF SAID SOUTHERN PACIFIC RAILROAD RIGHT-OF-WAY: THENCE' NORTHWESTERLY ALONG THE CENTERLINE OF SAID RIGHT-OF-WAY TO ITS POINT OF" INTERSECTION WITH THE NORTH LINE OF FARM HOMES AS SHOWN ON SAID COUNTY SURVEY NO. 1156, SAID POINT ALSO BEING AN ANGLE POINT ON THE EXISTING CDRPORATE CITY LIMIT LINE; THENCE CONTINUING NDRTHWESTERLY ALONG THE CENTERLINE OF SAID RIGHT- OF-WAY AND EXISTING CORPORATE CITY LIMIT LINE TO AN ANGLE POINT IN THE DRPORATE CITY LIMIT LINE TO THE TRUE POINT OF BEGINNING. ~/1 /9f~ DATE f 94-9' 02758 1 LEGAL DESCRIPTION FOR THE PROPOSED ANNEXATION OF TERRITORY TO THE SAN BERNARDINO VALLEY ~UNICIPAL WATER DISTRICT RELATIVE TO CITY OF SAN 2 BERNARDINO ANNEXATION NO. 343 (LAFCO 2758) 3 ALL THAT REAL PROPERTY, located in the County of San Bernardino, State 4 of California, including portions of the Rancho Muscupiabe as per plat recorded in Book 7 of Maps, Pages 23, records of said County and all tracts. 5 subdivisions and parcels, or portions thereof, lying within the following described real property: 6 DEGINNING AT A POINT, said point being the intersection of the 7 centerline of Cajon Boulevard with the Westerly line of Lot "N" of Heyer and Barclay Subdivision, as per plat recorded in Book 12. Page 18. Official 8 Records of said County; thence Northerly, along said centerline of Cajon Boulevard. to its intersection with the Easterly line of Parcel Hap No. 457 9 filed in Book 4 of Parcels Haps. page 93, on December 10, 1970, in the Office of the County Recorder of said County and the Easterly line of Block 10 33. Hap of Devore, as per plat recorded in Book 17 of Maps. pages 79 and 80; thence South 150 42' 25" West. along said Easterly line, a distance of 11 2.198.62 feet to its intersection with the Easterly Glen Helen Ranch LiDe. said point also being the most Southeasterly corner of Parcel 2 of laid 12 Parcel Map No. 457; thence South 220 42' 16" East. along laid Easterly line. a distance of 4,680.08 feet; thence South 220 26' 33" East and 13 continuing along said Easterly line. to said Westerly line of Lot "N"; thence Northerly, along said Westerly line, to the POINT OF BEGINNING. 14 15 16 17 18 19 20 21 ~ ~ 24 ~ 26 27 28 197.2 Acres t EXHIBIT "A-2" 94-9 Revision #1 (09-27-93) LAFCO 2758 1 LEGAL DESCRIPTION FOR DETACHMENT FROM CENTRAL VALLEY FIRE DISTRICT. RELATIVE TO CITY OF SAN BERNARDINO ANNEXATION NO. 343 (LAFCO 2758) 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PARCEL ONE: That portion of Township 1 North. Range 5 West. San Bernardino Meridian, in the County of San Bernardino. State of California. described as follows: Commencing at the Southwest corner of Section 11; thence East, along the South line of said Section 11, a distance of 990 feet to an angle point in the East line of the Glen Helen Tract as described in Deed to the County of San Bernardino recorded July 27. 1948 in Book 2268, page 138, Official records of said County. said point being the True Point of Be~nftinf; thence North 220 02' 10" West along said east line, a distance of 2387.88 feet; thence !/orth 390 01' 30" East, a distance of 4375.74 feet; thence South 500 58' 30" East. a distance of 286.69 feet: thence South 390 01' 30. West. a distance of 407.46 feet; thence North 75034' 30" West,adistance of 72.51 feet: thence South 140 25' 30" West. a distance of 2,180 feet; thence South 210 19' 34" East. a distance of 1,618.64 feet; thence South 510 31' 00" West. to the True Point of Beginning. EXCEPTING THEREFROM. those portions lying within the Southern Pacific Railroad Right-of-Way. Contains 160+/- acres. PARCEL TWO: That portion of Township 1 North, Range 5 West, San Meridian, in the County of San Bernardino, State of California . as follows: .. i." Bemardino , described Commencing at the Southwesterly corner of Section 13; thence Northerly alonr the West line of said Section 13, to its,interseetioD with the Weste~ly line of Southern Pacific Railroad right-of-way as established by Deed ',in Book 6490, Page 203 of Official Records of said County and the True Poiat of Beginning; thence South along said West line. a distance of 260.00 feet; thence East. a distance of 120.00 feet to the centerline of said Railroad right-of-way; thence Northerly, along said centerline. to the North line of said Section 13; thence Westerly, a1Dng said North line, to the West line of said Section 13: thence South along said West line. to the True Point of Beginning. Contains 22+/- acres. MODIFIED BY LAFCO STAFF 10/12/93 EXHIBIT "A-3" ... r/ r: ,r-f 94-9 .. ~ ~ ~ 5 ~~ ~~ . . . . . ;i .. ... .,. . ~ .. o. ~ >, .> ." , . ~ l~ \ ~ ~ "h "ll,~ l t - ~, . ):::). ~ ~~ ~~ ... 00:: . ~J iii ~ .. (J) \Jl_ mp\l\ ..r . i '! . ~ ! 'it . . ~ . I ! . ! 0; . I' ' i . 0 I I . :W!U~ ~ ~ I ~ J ~ ::: -- '. ... Rl.~il~ - . EXHIBIT "A-I" . ii i1li : ~INE ~ MATCH z 0 ------- 9 M T ~~ i~ ~~ z ""..........-, ,...,'......Ac.o-, ~""'Io . ...~ <<'-,~ ,,~..... ........ '-,:- ~, ..... . , '\ ,. ,- / ,<;".-y \. ... . o ~~/ ~~ :F . . . I..''''I~,. . . . ~ . . . <; . '" :I ~ ,., ... N ~ I! ~i " :; N ,. ,.,.,,,, '--'It "':.w,r ~:'=.-.". I'MC,,.,C - ..,ft Dr ~~~ ~~r ''''''t IIGKT'D'- IAltlQA . EXHIBIT ..1!:P' IIA-III - . .