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HomeMy WebLinkAbout1993-239 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 NO. 93-239 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 ANNEXED HAVE BEEN FILED AND ORDERING ANNEXATION NO. 354 (LAFCO 2743) FOR THE TERRITORY GENERALLY LOCATED SOUTH OF SIXTH STREET, WEST OF PEDLEY ROAD, AND DETACHMENT FROM CSA 38, CSA 38 IMPROVEMENT ZONE G, CSA 38 IMPROVEMENT ZONE L, CSA 70, CSA 70 IMPROVEMENT ZONE A AND CSA SL-1. WHEREAS, pursuant to the provisions of the Cortese-Knox Local Government Reorganization Act of 1985, Division 3, commencing with section 56000 of the California Government Code, proceedings were initiated by the Common Council of the City of San Bernardino, to annex to the City of San Bernardino, certain contiguous uninhabited territory hereinafter described; and WHEREAS, a Landowner in the proposed annexation has requested annexation to the City of San Bernardino to receive extended urban services; and WHEREAS, the Local Agency Formation Commission has set forth the following terms and conditions in its Resolution No. 2413 "Condi tion No. 1. The conducting authori ty for this proceeding shall be the City Council of the City of San Bernardino. "Condition No.2. The boundaries are approved as set forth in Exhibit "A" attached. "Condition No.3. The following distinctive short form designation shall be used throughout this proceeding: LAFCO 2743. "Condition No.4. All previously authorized charges, fees, assessments andlor taxes currently in effect by the City of San Bernardino (annexing agency) shall be assumed by the annexing territory in the same manner as provided in the original authorization pursuant to Government Code Section 56844(c). 06-01-93 RES 93-239 RESOLUTION ORDERING ANNEXATION NO. 354 (LAFCO 2743) FOR THE AREA GENERALLY SOUTH OF 6TH STREET, WEST OF PEDLEY ROAD. 1 "Condi tion No.5. The conducting authority is required to 2 provide individual notification pursuant to the provisions of Government 3 Code Sections 57025(b) and 57025(c). 4 5 "Condition No.6. The date of issuance of the Certificate of Completion shall be the effective date of this annexation. 6 WHEREAS, a public hearing was set for the 21st day of June, 1993, 7 at the hour of 10:00 am in the Council Chambers of City Hall, 300 N. "D" 8 Street, San Bernardino, California, and the same was the day, hour and place 9 designated where any and all persons owning land within the territory 10 proposed for annexation may file a written protest with the City Clerk, 11 prior to the conclusion of said hearing; and 12 WHEREAS, all owners of land within the territory proposed for 13 annexation, and all affected agencies were notified of said hearing by 14 mailing, publication and posting of a "Notice of Public Hearing" pursuant 15 to the provisions of California Government Code Section 57025. 16 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 17 18 SECTION 1. That pursuant to Section 57050 of the California 19 Government Code, a hearing was held on the day, and at the time and place as 20 set forth hereinabove, and protests were filed and received by property 21 owners owning less than fifty percent (50%) of the total assessed value of 22 the area proposed for annexation, by the conclusion of said hearing. 23 SECTION 2. Said territory herein described as Annexation No. 354 24 designated as LAFCO 2743, is hereby annexed and incorporated in and made a 25 part of the City of San Bernardino. 26 SECTION 3. The territory herein referred to as being annexed to 27 the City of San Bernardino is more particularly described in the Exhibit 28 "A", attached hereto and incorporated by reference as though fully set forth 06-01-93 2 RES 93-239 10 RESOLUTION ORDERING AN~EXATION NO. 354 (LAFCO 2743) FOR THE AREA GENE.RALLY SOUTH OF 6TH STREET, WEST OF PEDLEY ROAD. 1 in length. 2 3 4 SECTION 4. The above described territory will be subject to taxation equally with the property within such municipal corporation. SECTION 5. All previously authorized charges, fees, assessments 5 andlor taxes currently in effect by the City of San Bernardino (annexing 6 agency) are assumed by the annexed territory in the same manner as provided 7 in the original authorization pursuant to Government Code Section 56844(c). 8 The regular County Assessment Roll is utilized by the City of San 9 Bernardino. 11 of Ward 2 and the boundaries of Ward 2 are hereby altered to include said SECTION 6. The property herein annexed is declared to be a part 12 annexed territory, and has a designated land use of RM (Residential Medium) 13 and PF (Public Facility), more particularly shown on the Map of the City of 14 San Bernardino General Plan as it currently exists. 15 SECTION 7. The area included in the above annexation is hereby 16 detached from County Service Area 38, Improvement Zones G and L of County 17 Service Area 38, County Service Area 70, Improvement Zone A of County 18 Service Area 70, and County Service Area SL-1, without split of assets or 19 liability. 20 I I 21 I I 22 I I 23 / I 24 I I 25 I I 26 I I 27 I I 28 I I 06-01-93 3 RES 93-239 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 RESOLUTION ORDERING ANNEXATION NO. 354 (LAFCO 2743) FOR THE AREA GENERALLY SOl)TH OF 6TH STREET, WEST OF PEDLEY ROAD. I HEREBY CERTIFY that the foregoing resolution was duly adopted by th Mayor and Common Council of the City of San Bernardino at a reqular meeting thereof held on the 6th July 93 . , 19_____, by the followlng vote, to-wit: Council Members: AYES NAYS ABSTAIN NEGRETE x CURLIN x HERNANDEZ x OBERHELMAN x OFFICE VACANT POPE-LUDLAM x MILLER x ciii~ ~ Tbe foregoing resolution is hereby approved this ~\-\:\) :Tllly , 19~. ~..;;)k~ ~"'t , t&i MINOR, ayor City of San Bernardino Approved as to form 22 and legal content: 23 24 25 26 27 28 JAMES City F. PENMAN, tOrlley /J j-, f/ By: 06-01-93 4 day of ABSENT day of RES 93-239 1 LEGAL DESCRIPTION FOR PROPOSED ANNEXATION NO. 354 TO THE CITY OF SAN BERNARDINO, GENERALLY LOCATED SOUTH OF 6TH STREET, WEST OF PEDLEY ROAD. 2 3 Those portions of Rancho San Bernardino, as per map recorded in Book 7 of Maps, page 7, records of the County Recorder of San Bernardino County, State 4 of California, and Cottage Gardens Tract No. 2345, as per map recorded in Book 33 of Maps, page 52, records of said County, described as follows: 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Beginning at the intersection of the North line of 6th Street, 82.5 feet wide, and the Northerly prolongation of the West line of said Cottage Gardens Tract No. 2345; thence, Southerly, along said Northerly prolongation and said West line to the centerline of 5th Street; thence East, along said centerline, to the centerline of Pedley Road; thence South, along said centerline, to the centerline of Monterey Street; thence West, along said centerline to a line that is 260 feet westerly of , and parallel with the East line of Lot 15, Block 44 of said Rancho San Bernardino; thence Northerly, along said parallel line, to the centerline of 5th Street; thence West along said centerline of 5th Street, to the Southerly prolongation of the East line of the San Bernardino County Flood Control; thence North, along said Southerly prolongation and said East line and its northerly prolongation, to the centerline of said 6th Street; thence East, along said centerline to an angle point on the corporate City limit line of the City of San Bernardino; thence, East, along said Corporate City limit line, and following its various courses and distances, to the Point of Beginning. 24.36 Acres MIL 06-01-93 Exhibit "A" "- RES-93-239 ---.... ~ ~./' 0 t;~ z U~ I; ! ~ w h~ll -> ~ .~w Id ~ .. ~ ... ~ w~. t5 ~1- '" 5~~ ,., ,. ~!i~ 0 ... .. a z 0 ..l ~ yz !<s~:,,:.'~ -~ ~ C.".'. ;~' \'.'.' 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