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HomeMy WebLinkAbout18- Public Works File No. 12.01-339 C;TY OF SAN BERN! ZDINO - REQUEST F( Z COUNCIL ACTION From: ROGER G. HARDGRAVE, Director Subject: Resolution ordering Annexation No. 356 for the territory located generally Dept: Public Works /Engineering located Northeasterly of California Date: State University (Paradise Hills) February 2, 1994 (LAFCO 2760) Synopsis of Previous Council action: 09-20-93 -- Authorization to proceed was given and Plan for Services approved. 10-21-93 -- Resolution No. 93-396 was adopted, determining amount of property tax transfer from County to City. Recommended motion: ADOPT RESOLUTION cc: Shauna Clark, City Administrator James Penman, City Attorney i ture Barbara Pachon, Director of Finance Les Fogassy 5334 :ontact person: Phone: Resolution supporting data attached: Staff Report, Ward: 5 =UNDING REQUIREMENTS: Amount: $450.00 Source: (Acct. No.) 001-302-53007 Acct. Description) Filing Fees Finance. :ouncil Notes: 5-0262 Agenda Item No. CITY OF SAN BERN IDINO - REQUEST F' R COUNCIL ACTION STAFF REPORT February 22, 1993, Resolution No. 93-45 was adopted, certifying the Environmental Impact Report and making findings and adopting a General Plan Amendment relative to Specific Plan No. 90-03, for the Paradise Hills development located Northeasterly of Cal State University. A portion of the proposed development is outside of the City boundaries, though it is within the City's Sphere of Influence. The owners of the area proposed for annexation have filed for annexation with the Local Agency Formation Commission (LAFCO) directly, and as part of the proceedings, LAFCO requires the City to file the attached plan for services, enumerating the various City services available. On September 20, 1993, authorization to proceed with the proposed annexation was granted, and the Plan for Services approved. On October 21, 1993, Resolution 93-396 was adopted, determining the amount of property tax to be transferred from the County to the City, as a result of this proposal. On January 19, 1994, the Local Agency Formation Commission approved this proposal, and adoption of the attached Resolution is the City's final action to complete this process. Since the annexation was requested by 1002 of the landowners involved, no notice or hearing is necessary. It is recommended that the attached resolution be adopted. 2-2-94 ,5-0264 EXHIBIT " A-ill fimll=`TION TO THE CITY OF SAN III O TtTTYtTrrr rNOrCATES Est'/5T/NYs el 7,%' OF :6.4 Al F3ERN4X&71AAO P}0!/.V0,T1e0 W Q h `Ro,7c%Corner-M Ze SEC. 4 5EC. 9 It-V:.)-�oy 9� I \ PREPARED UDDER THE PE VIS ON OF: \-J 71Z 7/13 SATE g J.F. ales, Inc. D o CA(, �,edo '— STEFIEN IL \ i gc OVALLEY o ..........•• ti Em 9-�ffi p s N0. 4716 �!�•OF CI►�� Q ��.Pogcho Comer-Al-29 Z ' V 4Q�► ti 9� ?- /TY MAP oBi• s�39_ poin/ei NO/le'kore � (' brFino�ny y Asa C o �xo do do ae N� � � 3� ��s.�s �19 �� �yY oc�\Q\y� e¢ tJ h AFFECTED AGENCIES a, e'eO°��/ CITY OF SAN BERNARDINO 300 N. THIRD STREET SAN PH. 89 9)8381-5334 92110 02760 LOCAL AGENCY FORMATION COMMISSION •J 175 WEST FIFTH STREET, SECOND FLOOR ANNEXATION P L A T SAN BEfWAR0IN0. CA. 92135-0190 PH. (909) 387-5866 PORTION Of SECTION 9. LYING WITHIN THE HUSCUPIABE RANCHO. IN TOWNSHIP 1 NORTH. RANGE 1 WEST. SAN BERNARDINO MERIDIAN PREPARED BY: SCALE: 3'100' LAFCO 2760 J.F. DAVIDSON ASSOCIATES, INC. OATS: JULY 27, 1993 3880 LEMON STREET SUITE 300 RIVERSIDE. CA. 92503 W.0./ 90-13927 PH. (909) 686-0811 CLIENT: FONTANA CORNERS III.LTD. 02-02-94 1 RESOLUTION NO. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO ORDERING ANNEXATION NO. 3 356 (LAFCO 2760) FOR THE TERRITORY GENERALLY LOCATED NORTHEASTERLY OF 4 CALIFORNIA STATE UNIVERSITY (PARADISE HILLS) . 5 WHEREAS, pursuant to the provisions of the Cortese-Knox Local s Government Reorganization Act of 1985, Division 3, commencing with section 7 56000 of the California Government Code, proceedings were initiated by a 8 landowner petition, to annex to the City of San Bernardino, certain contiguous uninhabited territory hereinafter described; and 9 10 WHEREAS, 100% of the landowners in the proposed annexation have 11 requested annexation to the City of San Bernardino to receive extended urban services; and 12 13 WHEREAS, the Local Agency Formation Commission has set forth the 14 following terms and conditions in its Resolution No. 2435 : 15 "Condition No. 1. The conducting authority for this 16 proceeding shall be the City of San Bernardino. 17 "Condition No. 2. The boundaries are approved as set forth in Exhibit "A" attached. 18 19 "Condition No. 3. The following distinctive short form designation shall be used throughout this proceeding: LAFCO 2760. 20 21 "Condition No. 4. All previously authorized charges, fees, 22 assessments, and/or taxes currently in effect by the City of San Bernardino 23 (annexing agency) shall be assumed by the annexing territory in the same 24 manner as provided in the original authorization pursuant to Government Code Section 56844(c). 25 26 "Condition No. 5. The conducting authority is hereby 27 authorized to proceed without notice, hearing or election with 100% landowner consent. 28 Revised 02-10-94 RESOLUTION ORDERING ANEXATION NO. 356, GENERALLY LOCATED NORTHEASTERLY OF CALIFORNIA ST' 7 UNIVERSITY (PARADISE HILLS) 1 "Condition No. 6. The proponents agree to defend, 2 indemnify, hold harmless, and provide for reimbursement or assumption of all 3 legal costs in connection with the approval of this proposal. 4 "Condition No. 7. The date of issuance of the Certificate 5 of Completion shall be the effective date of this annexation. " 6 WHEREAS, the City of San Bernardino is authorized to proceed 8 without notice, hearing or election. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN 9 BERNARDINO AS FOLLOWS: 10 SECTION 1. Said territory herein described as Annexation No. 356 11 designated as LAFCO 2760, is hereby annexed and incorporated in and made a 12 part of the City of San Bernardino. 13 SECTION 2. The territory herein referred to as being annexed to 14 the City of San Bernardino is more particularly described in the Exhibit 15 "A", attached hereto and incorporated by reference as though fully set forth 16 in length. 17 SECTION 3. The above described territory will be subject to 18 taxation equally with the property within such municipal corporation. 19 SECTION 5. The regular County Assessment Roll is utilized by the 20 City of San Bernardino. 21 SECTION 6. The property herein annexed is declared to be a part 22 of Ward 5 and the boundaries of Ward 5 are hereby altered to include said 23 annexed territory, and has a designated land use and zoning as set forth in 24 Specific Plan 90-03 and General Plan Amendment No. 91-07. 25 SECTION 7. The City Clerk sha-11 file a certified copy f this 26 resolution with the Executive Officer of the Local Agency Formation 27 Commission of San Bernardino County. 28 02-10-94 2 RESOLUTION ORDERING ANEXATION NO. 356, GENERALLY LOCATED NORTHEASTERLY OF CALIFORNIA ST,'—'� UNIVERSITY (PARADISE HILLS) 1 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the 2 Mayor and Common Council of the City of San Bernardino at a 3 meeting thereof held on the day of 4 19 by the following vote, to-wit: 5 6 Council Members: AYES NAYS ABSTAIN ABSENT NEGRETE 7 CURLIN 8 HERNANDEZ 9 OBERHELMAN 10 DEVLIN 11 12 POPE-LUDLAM MILLER 13 14 15 City Clerk 16 The foregoing resolution is hereby approved this day of 19 17 18 19 TOM MINOR, Mayor 20 City of San Bernardino 21 22 Approved as to form and legal content: 23 JAMES F. PENMAN, 24 City A orney 25 BY: 26 27 28 2-10-94 3 02'760 July 27, 1993 Project No. 9011927 EXHIBIT"A" CITY OF SAN BERNARDINO ANNEXATION (PARADISE HILLS) it L.A.F.C.O. No. 27rp That portion of the Rancho Muscupiabe lying within Section 9, Township 1 North, Range 4 West, San Bernardino Base and Meridian as said section is defined by projection of U.S. Government Sectional Lines across said Rancho, described as follows: Commencing at Rancho Corner M-28, on line 27.28 of the Rancho Muscupiabe according to the Perrin Survey; Thence S.04 008'55"W. along the Easterly line of said Ranch a distance of 1785.02 feet to Rancho Comer M-29 of said Rancho; Thence S.62°57'39"E. along the Northeasterly line of said Rancho a distance of 980.81 feet to a point on the Easterly line of Parcel 4 as described by Deed to the San Bernardino County Flood Control District recorded April 1, 1940 in Book 1415, at page 37, Official Records of San Bernardino County, California, said point being the point of beginning of the parcel of land to be described; Thence continuing along said Northeasterly line S.62 057'39"E., a distance of 1847.47 feet to the Northeast corner of that certain parcel of land conveyed to the San Bernardino County Flood Control District by Deed recorded May 14, 1957, in Book 4229, Page 497, Official Records of said County; Thence S.59035'34'W. along the Northerly line of said parcel of land, a distance of 564.31 feet; Thence continuing along said Northerly line N.74006'330W., a distance of 1145.84 feet to said Easterly line of Parcel 4; Thence N.04 000'09"W. along said Easterly line a distance of 813.73 feet to the point of beginning. Exhibit "A" • Exhibit "A" Legal Description LAFOO 2760 The above described parcel of land contains 20.15 acres, more or less. J. F. DAVIDSON ASSOCIATES, INC. LAjo repared under the supervision of: STEP IL * Ew 095 tep en . O'Malley ^S NO. 4718 ft 0� CAL ate: 7127 S MO/kat leg:leg/hbg