HomeMy WebLinkAbout1991-138
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RESOLUTION NO. -9~~13~________
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. 348 (LAFCO 2643) FOR THE TERRITORY GENERALLY LOCATED NORTH OF
40TH STREET, WEST OF DAVID WAY AND DETACHMENT FROM CSA 38, AND CSA 70.
WHEREAS, pursuant to the provisions of the Cortese-Knox Local
6 Government Reorganization Act of 1985, Division 3, commencing with Section
7 56000 of the California Government Code, proceedings were initiated by the
8 Common Council of the City of San Bernardino, to annex to the City of San
9 Bernardino, certain contiguous uninhabited territory hereinafter described;
10 and
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WHEREAS, the Local Agency Formation Commission has directed the
12 City of San Bernardino to annex the subject property; and
13 WHEREAS, the Local Agency Formation Commission has set forth the
14 following terms and conditions in its Resolution No. 2643:
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The conducting authority for this pro-
"Condition No. 1.
16 ceeding shall be the City Council of the City of San Bernardino.
17 "Condition No.2. The boundaries are approved as set forth
18 in Exhibit "A" attached.
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"Condition No.3. Tbe following distinctive short
form
20 designation shall be used throughout this proceeding: LAFCO 2643.
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"Condition No.4. Pursuant to the provisions of Government
22 Code Section 57025, the conducting authority is required to provide individ-
23 ual notification to property owners within the affected territory.
24 "Condition No.5. The date of issuance of the Certificate
25 of Completion shall be the effective date of this annexation."
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WHEREAS, a public hearing was set for the 18th day of March, 1991,
27 the hour of 10: 00 am in the Counci I Chambers of City Hall, 300 N. "D"
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Street, San Ber'nardino, California, and the same was the day, hour and place
02/25/91
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02/25/91
RESOLOTION bETERMINHiG PROTESTS AND ORDERING ANNEXATION KO.. 348" NORTH OF
40TH STREET; WEST OF DAVID WAY.
1 designated where any and all persons owning land within the territory pro-
2 posed for annexation may file a written protest with the City Clerk, prior
3 to the conclusion of said hearing; and
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WHEREAS, all owners of land within the territory proposed for
5 annexation, and all affected agencies were notified of said hearing by
6 mailing, publication and posting of a "Notice of Public Hearing"
pursuant
7 to the provisions of California Government Code Section 57025.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF 'fHE CITY OF SAN
BERNARDINO AS FOLLOWS:
SECTION 1. That pursuant to Section 57050 of the California
11 Government Code, a hearing was held on the day, and at the time and place as
12 set forth hereinabove, and protests were filed and received by property
13 owners owning less than fifty percent (50%) of the total assessed value of
14 the area proposed for annexation, by the conclusion of said hearing.
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SECTION 2. Said territory herein described as Annexation No. 348
16 and designated as LAFCO 2643, is hereby annexed and incorporated in and made
17 a part of the City of San Bernardino.
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SECTION 3. The territory herein referred to as being annexed to
19 the City of San Bernardino is more particularly described in the Exhibit
20 "A", attached hereto and incorporated by reference as though fully set forth
21 in length.
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SECTION 4.
The above described territory will be subject to
23 taxation equally with the property within such municipal corporation to pay
24 the bonded indebtedness and any and all general indebtedness of the City of
25 San Bernardino contracted prior to, or existing, or outstanding at the time
26 of the annexation of said territory.
27 SECTION 5. The regular County Assessment Roll is utilized by the
28 City of San Bernardino.
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RESOLVTION 'DETERMINING PROTESTS AND ORDERING ANNEXATION NO, 348" NORTH OF
40Tff STREET; WEST OF DAVID WAY.
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SECTION 6. The property herein annexed is declared to be a part
2 of Ward 4 and the boundaries of Ward 4 are hereby altered to include said
3 annexed territorv, and has a designated land use of PFC (Public Flood
4 Control) and RE (Residential Estate), more particularly shown on the Map of
5 the City of San Bernardino General Plan as it currently exists.
6 SECTION 7. The area included in the above annexation is hereby
7 detached from County Service Area 38, Improvement Zones G of County Service
8 Area 38, County Service Area 70, and Improvement Zone A of County Service
9 Area 70, without split of assets or liability.
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02/25/91 3
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02/25/91
RESOLUTION "DETERMINING PROTESTS AND ORDERING ANNEXATION NO. ,348. i-JORTH OF
40TH STREET. WEST OF DAVID WAY.
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I HEREBY CERTIFY that the foregoing resolution was duly adopted by
2 the Mayor and Common Council of the City of San Bernardino at a
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15th
on the
day
of
regular
meeting thereof held
April
. 1991. by the following vote. to-wit:
NAYS
ABSTAIN ABSENT
COUNCIL MEMBERS:
---
AYES
ESTRADA
x
REILLY
x
FLORES
x
MAUDSLEY
x
MINOR
x
POPE-LUDLAM
x
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MILLER
x
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_~ _~ A.~'" ~'I-:- _______
City Clerk
The foregoing resolution is hereby approved this 17th
day of
. 1991.
,
April
//
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Approved as to form
and legal content:
James F. Penman.
City Attorney
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Res. 91-138
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DESCRIPTION FOR PROPOSED ANNEXATION NO. 348, LOCATED NORTH OF 40TH STREET,
BETWEEN WATERMAN AVENUE AND DAVID WAY
All those portions of Government Lots 1 and 2, Section 14, Township 1 North,
Range 4 West, San Bernardino Meridian in the County of San Bernardino. State
of California. according to the Government Survey approved by the United
States Surveyor General's office on July 16. 1884. and those portions of Lot
2 of the John Hancock Survey. as per plat recorded in Book 2 of Maps, Page
42, in the office of said County Recorder. together with all of those
various Subdivisions, or portions of Subdivisions, lying within the
following described property:
Beginning at a point in the present Corporate City Limit Line of the City of
San Bernardino. said point also being the Northwest corner of Lot 22 of
Tract No. 6688, as per plat recorded in Book 86 of Maps, Pages 86-89, in the
office of the County Recorder of said County: thence Southerly along the
West line of said Tract No. 6688, and following along said Corporate City
Limit Line and its various courses and distances to the West line of David
Way as shown on the map of said Tract No. 6688; thence South along said West
line of said David Way, a distance of 1075.00 feet. more or less. to a point
716 feet North of the South line of said Lot 2 of said John Hancock Survey;
thence West in a straight line, a distance of 485 feet to the West line of
said Lot 2; thence North, along said West line, a distance of 1330 feet.
more or less. to the North line of the Rancho Muscupiabe. as recorded in
Book 7 of Records of Survey, Page 32, in the office of the County Recorder
of said County; thence Northwesterly along said North line, a distance of
1410 feet, more or less, to its intersection with the Westerly prolongation
of the South line of said Government Lot 1: thence East along said Westerly
prolongation. a distance of 388.8 feet, more or less, to the East line of
that certain parcel of land shown as Parcel 2 in a Grant Deed recorded in
EXHIBIT "A"
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DESCRIPTION FOP PROPOSED ANNEXATION NO. 348, LOC'^TED NORTH OF .40TH STREET,
BETWEEN WATE~ vENUE AND DAVID WAY (CONTINUED
Book 3562 of Official Records, Page 418, in the office of the County
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Recorder of said County; thence Northerly along the East line of said Parcel
2 and the East line of Parcel 1 of said Grant Deed, a distance of 1270 feet.
more or less. to the North line of said Government Lot 1; thence leaving
said Corporate City Limit Line. East along said North line. a distance of
589 feet, more or less, to the Point of Beginning.
39 Acres, more or less
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