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File No. 12.Ul-j~ti
~ITf' OF SAN BERNAF'NO - REQUEST F~ COUNCIL ACTION
From: ROGER G. HARDGRAVE. Director
! Dee Public \IIorksjEngineering
Date: January 24, 1991
Subject: Resolution -- Initiate proceedings and
set a hearing for the proposed annexation
generally located North of 40th Street,
and West of David Way. (Annexation No.348,
LAFCO 2643)
Synopsis of Previous Council action:
06/04/90
10/01/90
12/10/90
Authorization to proceed was given.
Resolution No. 90-404, making application to the LAFC, was approved
Resolution No. 90-484, determining the amount of property tax
revenues to be exchanged between the City and County of San
Bernardino, relative to the proposed annexation.
Recommended motion:
~ Adopt Resolution
cc: Shauna Edwins, City Administrator
James F. Penman, City Attorney
Anne DeBolt
5328
Contact person:
Phone:
Supporting data attached:
Staff Report,Resolution
4
Ward:
None
FUNDING REQUIREMENTS:
Amount:
Source: (Acct. No,)
N/A
IAcct. DescriPtion)
N/A
Finance:
eoe Notes:
75-0262
Agenda Item No. c:<.p
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CITY OF SAN BERN.DINO - REQUEST FA COUNCIL ACTION
STAFF REPORT
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On June 4, 1990, authorization was given to proceed with the proposed annexation of
the area generally located North of 40th street and West of David Way. Pursuant to
LAFCO 2584, Annexation #347, LAFCO directed the City to annex the subject property, as
the completion of Annexation #347 will create an island completely surrounded by
the City of San Bernardino.
On October 1, 1990, Resolution No. 90-404 was adopted, making formal application to
the Local Agency Formation Committee (LAFCO).
Part of those proceedings requires that the affected agencies of the proposed
annexation adopt a resolution determining the amount of property tax revenues to be
exchanged between the agencies as a result of the proposed change of jurisdictional
boundaries. On December 10, 1990, Resolution No. 90-484 was adopted, determining
property tax revenues to be exchanged between the City of San Bernardino. and the
County of San Bernardino.
The proposal has been reviewed and approved by LAFCO, naming the City as
authority, and directing the City to hold a public hearing on the proposal.
conducting
~ The attached resolution, initiating proceedings, sets a public hearing date
., 18, 1991.
of March
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75-0264
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO INITIATING PROCEEDINGS
AND SETTING A PUBLIC HEARING FOR THE PROPOSED ANNEXATION OF THE AREA
GENERALLY LOCATED NORTH OF 40TH STREET, AND WEST OF DAVID WAY, DESIGNATED AS
LAFCO 2643.
WHEREAS, preliminary proceedings for a reorganization (annexation)
were initiated when the City of San Bernardino filed its Resolution No. 90-
404, applying to the Local Agency Formation Commission in the County of San
Bernardino for annexation of certain territory pursuant to the Cortese-Knox
Local Government Reorganization Act of 1985, Division 3, commencing with
10 section 56000 of the California Government Code.
11 WHEREAS, no City other than the City of San Bernardino is affected
12 by this annexation, and
13 WHEREAS, the proposal is for annexation of the territory described
14 below to the City of San Bernardino. The area is legally uninhabited. It has
15 an assessed valuation of S1,389,908 for land and improvements, and
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WHEREAS, the Local Agency Formation Commission directed the City
17 of San Bernardino to initiate annexation proceedings to prevent the
18 formation of an island, and
19 WHEREAS, the Local Agency Formation Commission has set forth the
20 following terms and conditions in its Resolution No. 2306:
21 "Condition No. 1. The conducting authority for this pro-
22 ceeding shall be the City Council of the City of San Bernardino.
23
"Condition No.2. The boundaries are approved as set forth
24 in Exhibit "A" attached.
25 "Condition No.3. The following distinctive short form
26 designation shall be used throughout this proceeding: LAFCO 2643.
e 27 "Condition No.4. Pursuant to the provisions of Government
28 Code Section 57025, the conducting authority is required to provide
01-24-91
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RESOLUTION INITIATING PROCEEDINGS AND SETTING A PUBLIC HEARING FOR THE
PROPOSED ANNEXA. OF THE TERRITORY GENERALLY L~D NORTH OF 40TH STREET
WEST OF DAVID W .,
1 individual notification to property owners within the affected territory.
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"Condition No.5.
The date of issuance of the Certificate
3 of Completion shall be the effective date of this annexation."
4 WHEREAS, a description ot the boundaries for the proposed
5 annexation is more fully described in the attached Exhibit "A" attached
6 hereto and incorporated by reterence as tully as though set forth in length.
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NOW THERE BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
8 CITY OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. A public hearing will be conducted on Monday, March
18, 1991, to be held in Council Chambers, City Hall, 300 North "D" Street,
San Bernardino, California, at the hour of
, or as soon after that
time as the matter may be heard, to receive, consider and rule upon written
protests to the annexation designated LAFCO 2643.
SECTION 2. Any landowner of land within the territory proposed
for annexation, who wishes to file written protest against this annexation
16 must do so by written communication filed with the City Clerk, which must
17 be filed no later than the conclusion of said public hearing. Each written
18 protest must state that the protest is being made by a landowner and must
19 state the name and address of the landowner and the street address or other
20 description sufficient to identify the location of the land.
21 Each written protest shall show the date that each signature was
22 affixed to the protest. All signatures without a date or bearing a date
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prior to the date of publication of the notice shall be disregarded for
purposes of ascertaining the value of any written protest.
SECTION 3.
That the City Clerk shall certify to the adoption of
this Resolution and shall cause same to be published in the Sun, a newspaper
~ 27 published and circulated in the City of San Bernardino, and shall cause a
28 copy of this Resolution to be posted and mailed as required by Government
01-24-91
Code Sections 56158, 56159, and 57025.
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01-24-91
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RESOLUTION INITIATING PROCEEDINGS AND SETTING A PUBLIC HEARING FOR THE
PROPOSED ANNEXAT. OF TIlE TERRITORY GENERALLY L~D NORTH OF 40TH STREET
AND WEST OF DAVI l\Y. .,
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I HEREBY CERTIFY that the foreRoing resolution was duly adopted by
2 the Mayor and Common Council of the City of San Bernardino at a
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meeting thereof held on the
day
of
. 1991. by the following vote. to wit:
ABSTAIN
AYES
NAYS
COUNCIL MEMBERS:
ESTRADA
REILLY
FLORES
10 MAUDSLEY
11 MINOR
12 POPE-tUDLAM
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MILLER
City Clerk
The foregoing resolution is hereby approved this
day of
. 1991.
W. R. HOLCOMB. Mayor
City of San Bernardino
24 Approved as to form
and legal content:
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26 James F. Penman.
City Attorney
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28 Byg~ 9 f~
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1 DESCRIPTION FOR PROPOSED ANNEXATION NO. 348. LOCATED NORTH OF 40TH STREET.
BETWEEN WATERMAN AVENUE AND DAVID WAY
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3 All those portions of Government Lots 1 and 2. Section 14. Township 1 North.
4 Range 4 West. San Bernardino Meridian in the County of San Bernardino, State
5 of California. according to the Government Survey approved by the United
6 States Surveyor General's office on July 16. 1884. and those portions of Lot
7 2 of the John Hancock Survey. as per plat recorded in Book 2 of Maps. Page
8 42, in the office of said County Recorder, together with all of those
9 various Subdivisions. or portions of Subdivisions. lying within the
10 following described property:
11 Beginning at a point in the present Corporate City Limit Line of the City of
12 San Bernardino. said point also being the Northwest corner of Lot 22 of
13 Tract No. 6688. as per plat recorded in Book 86 of Maps. Pages 86-89. in the
14 office of the County Recorder of said County; thence Southerly along the
15 West line of said Tract No. 6688, and following along said Corporate City
16 Limit Line and its various courses and distances to the West line of David
17 Way as shown on the map of said Tract No. 6688; thence South along said West
18 line of said David Way, a distance of 1075.00 feet, more or less. to a point
19 716 feet North of the South line of said Lot 2 of said John Hancock Survey;
20 thence West in a straight line. a distance of 485 feet to the West line of
21 said Lot 2; thence North. along said West line. a distance of 1330 feet.
22 more or less, to the North line of the Rancho Muscupiabe, as recorded in
23 Book 7 of Records of Survey. Page 32. in the office of the County Recorder
24 of said County; thence Northwesterly along said North line, a distance of
25 1410 feet. more or less. to its intersection with the Westerly prolongation
26 of the South line of said Government Lot 1; thence East along said Westerly
27 prolongation. a distance of 388.8 feet. more or less. to the East line of
28 that certain parcel of land shown as Parcel 2 in a Grant Deed recorded in
EXHIBIT "A"
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DESCRIPTION FOR PROPOSED ANNEXATION NO. 348, LOCATED NORTH OF 40TH STREET.
BETWEEN WATERMAN .NUE AND DAVID WAY (CONTINUED).
1 Book 3562 of Official Records. Page 418. in the office of the County
2 Recorder of said County; thence Northerly along the East line of said Parcel
3 2 and the East line of Parcel 1 of said Grant Deed. a distance of 1270 feet,
4 more or less. to the North line of said Government Lot 1; thence leaving
5 said Corporate City Limit Line. East along said North line, a distance of
6 589 feet. more or less. to the Point of Beginning.
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8 39 Acres. more or less
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