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C I T Y
o F SAN B ERN A R DIN 0
INTEROFFICE MEMORANDUM
TO:
SHAUNA EDWINS, City Administrator
FROM:
ROGER G. HARDGRAVE, Director of Public Works/
City Engineer
SUBJECT:
Item No. 23 on Agenda of 3-18-91 -- Public Bearing
on Annexation of Area North of 40th Street, and
West of David Way
DATE:
April 5, 1991
COPIES:
Mayor W. R. "Bob" Holcomb; Rachel Krasney;
File No. 12.01-328; Reading File
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This public hearing was continued to the Council meeting of 4-
15-91, due to written protests from Mr. Randy Roesch and two
other property owners. These protests constituted a majority,
since Mr. Roesch I s property alone represents about 52% of the
total assessed value in the proposed annexation.
Mr. Roesch, and his neighbors, had 5 basic concerns, with the
main one relating to restrictions on animals. Anne DeBolt has
been in communication with Mr. Roesch since the public hearing
was continued, and was able to address his concerns about being
annexed into the City of San Bernardino.
Attached is a letter from Mr. Randy Roesch, dated 4-3-91,
withdrawing his written protest to the annexation.
Therefore, the public hearing can be closed and the resolution
ord . g annexation ad
HARDGRAVE
of Public Works/City Engineer
MOTION:
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That the public hearing to receive, consider and
rule upon written protests in the matter of
annexation of the territory generally located
north of 40th Street and West of David Way,
designated LAFCO 2643, be closed.
MOTION:
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Adopt resolution.
Attach.
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April 3, 1991
Anne DeBolt
City of San Bernardino
Public Works/Engineering
300 N. "D" Street
San Bernardino, CA 92418
RE: Annexation 2643
Dear Ms, DeBolt;
Thank you for your help in clearing up the issues I had
my property located at 4440 Davidway, San Bernardino,
proposed annexation by the city of San Bernardino.
~
regardina
and the
Your pleasant attitude and willingness to seek out the answers to
my concerns is greatly appreciated.
I now withdraw my objection and concerns to the annexation that I
had originally voiced at the public hearing on March 18, 1991.
844 E. NINTH STREET ! (714) 885.4465
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PO 80X 229. SAN 8ERNARDINO. CA 92402' RIVERSIDE (714) 682-0363 ' ORANGE COUNTY 1714) 754-6463
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RESOLliTlON NO.
RESOLUTION OF TIlE CITY OF SAN BERNARDINO DETERMINING TIlAT PROTESTS
BY PROPERTY OWNERS OWNING LESS THAN FIFTY PERCENT (5Of.) OF THE ASSESSED
VALUE OF TIlE TERRITORY PROPOSED TO BE ANNEXED HAVE BEEN FILED AND ORDERING
ANNEXATION NO. 348 (LAFCO 2643) FOR TIlE 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
Government Reorganization Act of 1985. Division 3. commencin~ with Section
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 conti~ous uninhabited territory hereinafter described;
and
WHEREAS. the Local A~ency Formation Commission has directed the
City of San Bernardino to annex the subject property: and
WHEREAS. the Local Agency Formation Commission has set forth the
following terms and conditions in its Resolution No. 2643:
The conductin~ authority for this
pro-
"Condition No.1.
ceeding shall be the City Council of the City of San Bernardino.
"Condition No.2. The boundaries are approved as set
forth
18 in Exhibit "A" attached.
19 "Condition No.3. The following distinctive short form
20 designation shall be used throu~hout this proceeding: LAFCO 2643.
21 "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."
26 WHEREAS. a public hearing was set for the 18th day of March. 1991.
27 the hour of 10:00 am in the Council Chambers of City Hall. 300 N. "D"
28 Street. San Bernardino. California. and the same was the day. hour and place
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RESOLUTION DE~INING PROTESTS AND ORDERING ANNEXATION NO, 348. NORTH OF
40TH STREET. \oJT OF DAVID WAY, 0
1 desi~ated where any and all persons owninR 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 aRencies were notified of said hearinR by
6 mailing. publication and posting of a "Notice of Public Hearing" pursuant
7 to the provisions of California Government Code Section 57025.
8 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE 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 (5at) of the total assessed value of
14 the area proposed for annexation. by the conclusion of said hearing.
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SECTION~. Said territory herein described as Annexation No. 348
and designated as LAFCO 2643. is hereby annexed and incorporated in and made
a part of the City of San Bernardino.
SECTION ~. 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.
SECTION 4.
The above described territory will be subject to
taxation equally with the property within such municipal corporation to pay
the bonded indebtedness and any and all general indebtedness of the City of
San Bernardino contracted prior to. or existing. or outstanding at the time
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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RESOLUTION DETERMINING PROTESTS AND ORDERING ANNEXATION NO. 348. NURTH UF
40TH STREET. 0 OF DAVID WAY, 0
1 SECTION Q. 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 territory, and has a desiRnated 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 I. 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
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Area 70, without split of assets or liability.
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RESOLUTION D~INING PROTESTS AND ORDERING ANNEXATION NO. 346. NORTH OF
40TH STREET. \.IT OF DAVID WAY, 0
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
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meeting thereof held on the
. 1991. by the following vote. to-wit:
COUNCIL MEMBERS:
AYES
NAYS
ESTRADA
8 REILLY
9 FLORES
10 MAUDSLEY
11 MINOR
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POPE-LUDLAM
MILLER
day
of
ABSTAIN
City Clerk
The foregoing resolution is hereby approved this
. 1991.
day of
W. R. HOLCOMB, Mayor
City of San Bernardino
Approved as to form
and legal content:
James F. Penman.
City Attorney
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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. lyin~ 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
Li.it 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.
.ore 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. .ore or less. to the East line of
that certain parcel of land shown as Parcel 2 in a Grant Deed recorded in
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DESCRIPTION FOMROPOSED ANNEXATION NO. 348:,,~TED NORTII OF 40TH
BETWEEN WATERI1A.V\lENUE AND DAVID WAY (CONTl..v..........,
STREET ,
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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