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HomeMy WebLinkAbout1991-438 . . 1 2 RESOLUTION NO. 91-438 RESOLUTION OF THE CITY OF SAN BERNARDINO DETERMINING THAT PROTESTS 3 BY PROPERTY OWNERS OWNING LESS THEN FIFTY PERCENT (50%) OF THE ASSESSED VALUE OF THE TERRITORY PROPOSED TO BE ANNEXED HAVE BEEN FILED AND ORDERING ANNEXATION NO. 352 (LAFCO 2672) FOR THE TERRITORY GENERALLY LOCATED EAST OF WATERMAN AVENUE, SOUTH OF 9TH STREET AND NORTH OF 6TH STREET, AND DETACHMENT 5 FROM CSA 38, CSA 38 ZONE G, CSA 38 ZONE L, CSA 70, CSA 70 ZONE A AND CSA SL-l. 6 7 4 WHEREAS, pursuant to the provisions of the Cortese-Knox Local Government Reorganization Act of 1985, Division 3, commencing with section 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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, the proposed annexation was initiated by the City of San Bernardino in order to facilitate an orderly growth in the area; and WHEREAS, the Local Agency Formation Commission has set forth the following terms and conditions in its Resolution No. 2330: "Condi tion No.1. The conducting authority 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 2672. "Condi tion No.4. All previous ly authorized charges, fees, assessments and/or 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). "Condition No.5. The conducting authority is required to 08-28-91 RESOLUTION DETERMINING PROTESTS AND APPROVING ANNEXATION. NO. .,3-52 ,(LAPCO 2672) FOR THE TERRITORY GENERALLY LOCATED EAST OF WATERMAN AVENUE, BETWEEN '9TH STREET AND 6TH STREET. 1 provide notices pursuant to the provisions of Government Code Section 2 57025(b) and 57025(c). 3 "Condition No.6. ----~ The date of issuance of the 4 Certificate of Completion shall be the effective date of this annexation."; 5 and 6 7 1991, 8 ItDlI 9 place WHEREAS, a public hearing was held on the 16th day of September, at the hour of 10:00 am in the Council Chambers of City Hall, 300 N. Street, San Bernardino, California, and the same was the day, hour and 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 17 18 19 20 21 22 23 24 25 26 27 28 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF BERNARDINO AS FOLLOWS: SAN SECTION 1. That pursuant to Section 57050 of the California Government Code, a hearing was held on the day, and at the time and place as set forth hereinabove, and protests were filed and received by property owners owning less than fifty percent (50%) of the total assessed value of the area proposed for annexation, by the conclusion of said hearing. SECTION 2. Said territory herein described as Annexation No. 352 designated as LAFCO 2672, is hereby annexed and incorporated in and made a part of the City of San Bernardino. SECTION 3. The territory herein referred to as being annexed to the City of San Bernardino is more particularly described in the Exhibit "A", attached hereto and incorporated by reference as though fully set forth in length. 08-28-91 2 RESOLUT10N iJEJ:ERMINING PROTESTS AND APPROVING ANNEXATION NO. ,:Y52 .(LAFCO 2672) FOR THE TERlHTORY GENERALLY LOCATED EAST OF WATERMAN AVENUE, BETWEEN '9TH STREET AND 6TH STREET. 1 SECTION /;. -_._---~._- The above described territory will be subject to 2 taxation equally with the property within such municipal corporation. 3 SE~TI~~. The regular County Assessment Roll is utilized by the 4 City of San Bernardino. 5 SECTION 6. The property herein annexed is declared to be a part 6 of Ward 2 and the boundaries of Ward 2 are hereby altered to include said 7 annexed territory, and has a designated land use of CG-l (Commercial 8 General) and RS (Residential Suburb) and is more particularly shown on the 9 Map of the City of San Bernardino General Plan as it currently exists. 10 SECTION 7. The area included in the above annexation is hereby 11 detached from County Service Area 38, Improvement Zones G and L of County 12 Service Area 38, County Service Area 70, Improvement Zone A of County 13 Service Area 70, and County Service Area SL-l, without split of assets or 14 liability. 15 I I 16 I I 17 I I 18 I I 19 I I 20 I I 21 I I 22 I I 23 I I 24 I I 25 I I 26 I I 27 I I 28 I I 08-28-91 3 I .' 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 DESCRIl'TION 'FOR CITY OF SAN BEllHARDIMO ANHEXATIOII NO. 35-2,'GEHE!iALLY LOCATED EAST OF WATERPIAH AVENUE, BIl'lYKIlIl 6TH STREET AND 9TH STREET. Res. 91-438 Those portions of Block 43 of the Rancho San Bernardino, as per plat recorded in Book 7 of Maps, page 2, records of the County Recorder of San Bernardino County, State of California, and portions of Tract No. 2078, Beam Subdivision. as per map recorded in Book 30 of Maps, page 15, records of said County, more particularly described as follows: BBGINNING at a point on the centerline of Sixth Street, said point being Easterly, a distance of 681.22 feet, more or less, from the centerline of Waterman Avenue, said point also being an angle point on the Corporate City Limit Line of the City of San Bernardino; thence, generally, Northerly, Easterly and Southerly, along said Corporate City Li.it Line, and its various courses and distances, to the Westerly line of the San Bernardino County Flood Control: thence, leaving s~d Corporate City Limit Line, Southwesterly, along said Westerly line, 'to the centerline of said Sixth Street: thence West, along said centerline, to the ~oint of Beginning. Contains 53.7 Acres % ",,,,,".',,. ,- '..:..- -..;'. Revised OS/28/91 EXHIBIT "A" RESOLUTI.QNDETERl'fINING PROTESTS AND APPROVING ANNEXATION lIO.. 352 "(LAFCO 2672) FOR THE TERlUTORY GENERALLY LOCATED EAST OF WATERMAN AVENUE; BETWEEN '9TH S'fREET AND 6TH STREET. 1 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 3 4 regular meeting thereof held on the 21st day of October , 19~, by the following vote, to-wit: 5 Council Members: AYES NAYES ABSTAIN ABSENT 6 ESTRADA X 7 REILLY X 8 HERNANDEZ X 9 MAUDSLEY X 10 MINOR X 11 POPE-LUDLAM X 12 MILLER X 13 (~U~~ &~ 14 City Clerk 15 The foregoing resolution is hereby approved this 23rd day of 16 17 18 19 20 21 22 October , 19 Approved as to form 23 and legal content: 24 JAMES F. PENMAN, 25 Ci ~y A~torneY By. _~I1~ 26 /J .~/ 7.P~ 27 28 08-28-91 4