HomeMy WebLinkAbout1979-135
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RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO DECLARING THAT PROCEEDINGS
HAVE BEEN INITIATED BY THE COUNCIL OF THE CITY OF SAN BERNARDINO TO ANNEX TO
3 SAID CITY CERTAIN UNINHABITED TERRITORY DESCRIBED HEREIN AND DESIGNATED
ANNEXATION DISTRICT NO. 317 (LAFC 1867), AND GIVING NOTICE OF THE PROPOSED
4 ANNEXATION.
5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
6 BERNARDINO 1I:S FOLLOWS:
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SECTION ONE: That pursuant to the provisions of the Municipal
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Organization Act of 1977 (Gov. Code Section 35000, et seq.), proceedings have
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been initiated by the Council of the City of San Bernardino, on its own motion,
to annex to the City of San Bernardino all that uninhabited territory situate
in the County of San Bernardino, State of California, hereby designated as
Annexation District No. 317 (LAFC 1867) and described as follows:
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Those portions of Tract No. 3879, as per plat thereof
recorded in Book 50 of Maps, page 50 records of the County
Recorder, County of San Bernardino, State of California,
that portion of Lot 1, Block 3, Orange Grove Tract, as
per plat thereof recorded in Book 11 of Maps, page 64,
records of said County Recorder, that portion of Tract No.
5479 as per plat thereof recorded in Book 68 of Maps, page
28, records of said County Recorder, those portions of
Elmwood Road and 19th Street as vacated by the County Board
of Supervisors of said County as recorded April 6, 1967 in
Book 6799, page 624, Official Records of said County, and
those portions of the adjoining streets, described as follows:
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Beginning at a point on the Present Corporate Limit Line of
the City of San Bernardino, said point being the intersection
of the centerline of Del Rosa Avenue, as delineated on the
map of said Tract 3879, and the Northwesterly line of the
land (40.00 feet wide) as conveyed to the San Bernardino
County Flood Control District by Deed recorded July 24, 1941,
as Document No. 78 in Book 1488, page 59, Official Records of
said County Recorder; thence Northeasterly along said City
Limit Line and said Flood Control line, a distance of 500 feet
more or less, to an angle point in said City Limit Line; thence
Easterly along said City Limit Line, a distance of 42 feet more
or less, to an angle point therein; thence Southeasterly along
said City Limit Line a distance of 151 feet more or less to an
angle point therein, said point also being the intersection of
the Southeasterly prolongation of the Southwesterly line of
Lot 52 of said Tract 3879 and the centerline of Elmwood Road
as delineated on the map of said Tract No. 3879; thence leaving
said City Limit Line Southwesterly along said centerline, a
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1 distance of 70 feet more or less to its intersection with
the Northerly prolongation of the centerline of Elmwood
2 Road as realigned by the County of San Bernardino in the
Deed recorded to said County, August 9, 1965, as Document
3 No. 701 recorded in Book 6449, page 47, Official Records of
said County Recorder; thence South along the centerline of
4 Elmwood Road as conveyed to said County, a distance of 685
feet more or less to its intersection with the centerline of
5 Del Rosa Avenue (East/West Bound) as delineated on the map
of said Tract No. 5479; thence West along the centerline of
6 said Del Rosa Avenue, a distance of 456 feet more or less to
its intersection with the centerline of Del Rosa Avenue
7 (North/South Bound) as also delineated on the map of said
Tract No. 5479; thence North along last said centerline of
8 Del Rosa Avenue, a distance of 400 feet more or less to the
Point of Beginning.
9 (Containing approximately 11.10 Acres)
10 That there are less than twelve qualified electors residing in said
11 territory and that said territory is uninhabited as defined by said Act.
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SECTION TWO: That the said Council of the City of San Bernardino
13 desires to annex said uninhabited territory to the City of San Bernardino for
14 the following reasons: Said territory is contiguous to the City of San
15 Bernardino and its proposed annexation will contribute and facilitate the
16 orderly growth and development of both the City of San Bernardino and the
17 territory proposed to be annexed, and will provide and facilitate proper
18 over-all planning and zoning of lands in said City and said uninhabited
19 territory in a manner most conducive to the welfare of said City and said
20 uninhabited territory.
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SECTION TIlREE: Upon the completion of said annexation of said
22 territory, all of the property included in said Annexation District No. 317
23 (LAFC 1867) shall be taxed equally with the other property within the City of
24 San Bernardino to pay the bonded indebtedness and any and all general
25 . indebtedness of the City of San Bernardino contracted prior to or existing
26 r outstanding at the time of the aforesaid proposed annexation of said
27 escribed property as provided in said Act.
28 Approval of this proposed annexation is subject to the following
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1 conditions:
2 (1) The conducting authority shall not make changes in the
3 boundaries approved by the Local Agency Formation Commission nor shall it
4 impose any new conditions or modify any conditions thereby imposed unless and
S until it receives the approval of said Commission for such changes,
6 modifications, or conditions, pursuant to the procedures prescribed in
1 Section 35162 of the Government Code.
8 (2) The conducting authority shall provide the Local Agency
9 Formation Commission Office with a copy of the Notice of Hearing, and the
10 required number of certified copies of the resolution indicating final
11 disposition of the proposal pursuant to Government Code Section 56450 and
12 54797.2.
13 (3) The City's resolution ~hall include the detachment of County
14 Service Area 38, and CSA 38, Improvement Zone G (fire protection) without
15 split of assets or liabilities.
16 (4) The City's resolution shall include the detachment of CSA 70,
17 CSA 70, Improvement Zone A (weed abatement) and CSA SL-l without split of
18 assets or liabilities.
19 SECTION FOUR. Monday, the 21st day of May, 1979, at the hour of
20 7:30 o'clock p.m. of said day, in the Council Chambers of the City Hall,
21 located at 300 North "D" Street, San Bernardino, California, is hereby fixed
22 as the time and place when and where any person owning real property within
23 the uninhabited territory above described and proposed to be annexed to the
24 City of San Bernardino can file a written protest to the proposed annexation
25 and may appear before the Mayor and Common Council of the City of San
26 Bernardino and present protests, evidence or objections why such uninhabited
27 territory should not be so annexed to the City of San Bernardino. Such
28 written protest shall be filed with the City Clerk at any time before the
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1 cOQclusion of the hearing on the proposed annexation, and shall state the
2 name and address of the owner of the land affected, and the street address
3 or other description of such land sufficient to identify its location.
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SECTION FIVE. The City Clerk of the City of San Bernardino is
S hereby authorized and directed to cause a copy of this resolution to be
6 published at least twice but not more often than once a week in the San
7 Bernardino Sun, a newspaper of general circulation in the City of San
8 Bernardino, the city to Which it is proposed to annex the aforesaid territory,
9 and in the County of San Bernardino, California, the county in Which is
10 located the territory proposed to be annexed to the City of San Bernardino,
11 said publication to be commenced at least fifteen (15) days prior to the date
12 set for hearing;
13 The said City Clerk is further authorized and directed to cause
14 written notice of such proposed annexation to be mailed, first class,
15 postage prepaid, to the petitioners, to the County of San Bernardino and
16 each affected city and district, to the Executive Officer of the Local
17 Agency Formation Commission, and to each person to Whom lands within the
18 territory proposed to be annexed is assessed as shown on the last equalized
19 County assessment roll available to said clerk on the date the above said
20 I proceedings were initiated at the addresses shown on said assessment roll or
as known to said Clerk, and to any person Who has filed his name and address
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with said Clerk, and has requested such mailed notice, such notice to be
made at least fifteen (15) days prior to the first public hearing on the
24 i proposed annexation;
And in the event that any land within the territory proposed to be
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annexed is owned by a county, the said City Clerk is directed to cause
written notice of such proposed annexation to be mailed to the Clerk of the
Board of Supervisors of such county, such notice to be made at least fifteen
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1 (15) days erior to the first public hearing on the proposed annexation;
2 , And in the event there is upon the land propos@d to be annexed a
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.lfiut~t;rlil improvement owned, being. acquir@d or leased by a county fire
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protection d1&1;,rict, the said City Clerk is diJe"ected to csusewritten notice
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of ~uch propOsed annexation to bemsiled to the gov,~rning body of such"
"district, such notice to be sent not less than',lO) 'days befoni the. fitst'o
public hearing upon such proPOs,ed annexation;,
And. the City Clerk !~ dlrectedto cause',written notice to be given
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to such other persona as may ,be leg.Jly entitled theJe"lit~, i.n'tb,iilll8nner
10 rl!quired by law,
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I HiBEB'l'>CERTIFY' that', the' foregoing resolution was adopted>by the
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,Maypr and C<lmmon ,Council of. .the City of San Bernardino at a
~t~ meeting thereof; heldon'theJ4daY()f ~~
1979, by the following vote, to wit: , "i
AlES, ~1,...~A-4,,~ 1-~ ~t:. :
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NAys: '7t~
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ABSENT:
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Approved as
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The foregoing
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,/ ~d1T,?- ' City Clerk '
resolution is hereby approved this '~~ day of
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. 1979.
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to form:
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