HomeMy WebLinkAboutResolution - City Council - 79-076 - 1979-02-20Ruth Foulter
Ed Bielicki
RESOLUTIONNO. 7 H %
A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO,
CALIFORNIA, IN THE MATTER OF THE TYLER-'-GARDEN NO.
2 DISTRICT REORGANIZATION ORDERING A REORGANIZATION
TO THE CITY OF FRESNO AND THE MID VALLEY FIRE PROTEC-
TION DISTRICT
WHEREAS, proceedings for a reorganization were commenced by, the Council
of the City of Fresno pursuant to its Resolution No- 78-342 adopted on August 29
1978, being a resolution of application by the City of Fresno requesting the
Fresno Local Agency Formation Commission to take appropriate proceedings for
the annexation of Land to the City of Fresno and the detachment of the same
territory from the Mid Valley Fire Protection District, such reorganization pro-
posal had been assigned the short form designation "Tyler -Garden No. 2", the
boundaries of ,which are hereinafter more particularly described; and
WHEREAS, subsequent to the filing of said resolution of application with
the Fresno Local Agency Formation Commission, said Cove-nission on the 29th day of
November, 1978, considered all matters relevant to the proposed reorganization and
heard all .persons interested therein, and its Resolution No. R.a-78-23, "Making
Determination and Approving Proposed Tyler -Garden No. 2 Reorganization", all
at the time and in the form and manner as prescribed by law; and
WHEREAS, said Fresno Local Agency Formation Commission Resolution No, RO-78--23
authorized this Council to conduct the proceedings for the reorganization in the
manner provided by law, -.and
WHEREAS, this Council initiated proceedings for said proposed reorganization
on January 16, 1979, by adopting Resolution No. 79-11, generally entitled a
"Resolution Initiating Proceedings for the Reorganization of the City of Fresno
and the Mid Valley Firex,Protection District" and set a hearing on the proposed
reorganization for the 20th day of February, 1979, at 2:44 p.m. in the Council
Chamber, City Hall, 2326 Fresno Street, Fresno, California, 93721; and
WHEREAS, this Council finds that the required notice of the passage of said
resolution initiating proceedings for the proposed reorganization and of -the time
and place for hearing protests or objections to said reorganization has been pub-
lished, posted, and mailed in the time, form, and manner required by law; and,
WHEREAS, said hearing was duly held by this Council at; said time and place
for the hearing of all objections to said proposed reorganization; and
WHEREAS, protests or objections in writing to said reorganization: delivered
to the Clerk of the City of Fresno up to the hour set for hearing thereof were
Page I of 3 Pages
T
considered and said protests or objections in writing are on file and of record
in the office of the Clerk of the City of Fresno, County of Fresno, State of
California, and all persons who desired to be heard were heard and
WHEREAS, at said hearing and prior to consideration of protests;, the Fresno
Local Agency Formation Commission's resolution making determinations was presented
and summarized to this Councils and
WHEREAS, this Council considered all factors required by law for a proposed
reorganization and considered all testimony, protests and all evidence presented
with respect thereto; and
WHEREAS, this Council determines that the proposed reorganisation constitutes
inhabited territory as defined by law and that written protest filed and not with-
drawn represented less than twenty-five percent (25%) of the: number of. landowners
within all territory proposed to be annexed or detachedr owning not more than
twenty-five percent (259.-) of the assessed value of land therein and less than
twenty-five percent (25%) of the voting power of votersentitled to vote as a
result of residing within or owning land within, such territory.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Fresno as
follows
1. The territory within those boundaries described in Exhibit "A", attached
hereto and incorporated herein by reference and more particularly depicted upon the
map marked Exhibit "B attached hereto and incorporated' herein by reference, is
hereby annexed to the City of Fresno and the same territory is hereby .detached
from the Mid Valley Fire protection District of Fresno County.
2. That it will be to the best :interest of said territory to annex, the
same, or detach the same, as the case may be, and that no lands have been improperly'
omitted from or included within said proposed annexation and detachment
3. That the reasons for this proposed reorganization are as follows:
a.. Annexation of the subject territory to the City of Fresno will
result: in improved land use planning. All private development
controls of the City of Fresno will apply following annexation.
b. The subject territory is within the City of Fresno's Sphere of
Influence.
c. Several property owners within the area have expressed a desire
to annex to the City.
d.. The consolidation of the subject area: into one detachment -annexation
Rage 2 of 3 Rages
project is beneficial to the affected governmental processes and
the resultant City and District boundaries.
e. The proposed reorganization requires the annexation of certain
territory to the City of Fresno and the detachment ref -the same
territory from the Mid.Valley Fire Protection District.
4. That it is ordered that such reorganization be deemed consumated without
an election in that the territory is inhabited and that written protests filed and
not withdrawn represented less than twenty. --five percent (25%) of the number of
landowners within all territory proposed to be annexed or detached, owning not,
more than twenty-five percent (25%) of the assessed value of land therein, and.
less thaw twenty-five percent .(25 0.) of the voting power of 'voters entitled to
vote as a result of residing within or owning land within such territory.
5. That a revised map and legal description consistent with Exhibits "A."
and "B", and approved by the County Assessor's office which includes parcels 07,
08, 09, 10, 11, 12,..13, 14, 15, and. 01, of Assessor's book 456, page 232, have
been submitted to the Fresno .Local Agency Formation Commission.
6. The Clerk of the City of Fresno shall. immediately cause to be transmitted
i
to the Executive Officer of the Fresno Local Agency Format -ion Commission a certiwr
fied copy of this resolution. Upon the filing of the appropriate documents by
the said Executive Officer in the manner prescribed by law, the reorganization
shall be completed.
CLERK" S CERTIFICATION
STATE OF CALIFORNIA
COUNTY OF FRESNO } ss
CITY OF FREISNO
1, JACQUELINE L. RYLE, City Clerk of the City of Fresno, certify that the
foregoing resolution was adopted by the Council of the City of Fresno, California,
at a regular meeting held on the 2 0 t day of r , 1979.
JACQUE ,INE L . KYLE
City Clerk
--- Dept'
GARzAJH:mc-
2/14/79
�v ff"ftin2ey
ay
Page 3 of 3 Pages
*RESOLUTION NO. RO--78-23
Z MAKING < DETERMINATION AND 14,P2R +VING) RESOLUTION OF THE
PROPOSED' "TYLER-GARDEN #21' � FRESN'O LOCAL AGENCY
REORGANIZATION FORMATION COMMIS S ION
4 WHEREAS, preliminary proceedings have been initiated by the
5 City of Fresno to annex certain territory to the City of Fresno
6 and detach from Mid --Valley Fire Protection District in the County
7 of Fresno; an
8 WHEREAS, an application for said proposal has been accepted for
9 filing by the Executive Officer of this Local Agency Formation
10 commission pursuant to Title 6 ,Division 1, Part 2 of the
11 Government Code; and
12 WHEREAS, said application was Set for hearing by the Executive
13 Officer on the 25th day of October 1978 at the .Hour of 2:00 P.M.
14 of said day, and, at the request of a",ppoperty owner, continued
15 to Noiember 29, 1978r at 3 15 P.M. and
25 WHERE.I , notice of the hearing of said application was duly
17 given by mail., posting, and newspaper publication as required by
i
18 law; and
19 WHER.EAS t the Executive Officer has reviewed said application
20 and prepared 'a report, including his recommendations thereon, said
21 application and report hawing been presented to and considered by
22 this Commission; and;
23 WHEREAS, this Commission has considered all relevant factors
24 and heard all: interested parties wishing to speak on said
25 application- and
25 ;IHEREAS, the proposed project was found to be categorically
27 exempted from the provisions of the California Environmental
28 Quality Act. The Commission has also found that the proposed
29 inclusion will have no environmental impact beyond that addressed
30 in the information submitted in the environmental finding for
31 the proposal.
32 NOW, THEREFORE, BE IT RESOLVED that the Local Agency Formation
ANIL
�- Commission of the County of Fresno does HEREBY RESOLVE, DETERMINE
2 AND ORDER as follows
3 Section 1 This Commission certifies it has reviewed and
4 considered the environmental finding.
5 Section 2. Said proposal is approved subject to the terms and
6 conditions hereinafter specified.
7 Section 3 Any resolution of the conducting agency ordering
8 this reorganization shall provide that such reorganization shall
9 be subject to the following -terms and conditions
10 1 Parcels 7, 8t 9t la,llf 12113, 14, 15 and 1 of Book 456, I
11 page 232 be included in the boundaries of heproposal
P g t . and revised
12 map and description, approved by the County Assessor's Office, be
13 .submitted to the Local Agency Formation Commission prior to
14 further proceedings
15 ►ection. 4. The boundaries of the territory proposed to be
16 reorganized, as set forth in attached Exhibit A and as amended by
17 condition, are approved. Said territory is found to be inhabited
15 andis s assigned the following distinctive short form designation
19 Tyler -Garden #2
0 Section 5 The City of Fresno is designated as the conducting
21
agency and the governing body of said agency is hereby directed to
i 22
initiate reorganization proceedings inn compliance with this
23 resolution.
24 Section 6 Further proceedings shall be initiated, conducted,
25 and completed pursuant to required: law. Proceedings and any
26 resolution of approval shall comply with the Commission resolution
27 of approval
2$ Section 7. The Executive Officer is hereby authorized and
29 directed to mail certified copies of this resolution a.:; provided
30
in Section 56272 of the Government Code.
31
3
=UWY alr FRXSNa
TRUN0, "W61RNI
l
P
ADOPTED this 29th day of November 1978 by the following vote
AYES: Valdes, Howard, Donaldson, Johnson, Albright
NOES: None
ABSENT: None
5 STAVE OF CALIFORNIA)
COUNTY OF FRESNO )
I, MARVIN L. PANTER, Executive Officer of the Local Agency'
4-U —.9. J-'" — -9.a .e.•.n..x.A i as ,.a v.n .•+r�� •. i.71. +i rya wa.s«5 e-r.
AL
TYLER,-GARDEN _ NO. 2
DISTRICT REORGANIZATION
AREA TO BE DETACHED FROM THE MID VALLEY FIRE PROTECTION DISTRICT AND ANNEXED
TO THE CITY OF FRESNO.
Consists of a portion of Lot 2, Block 5 and Lots 1-4, inclusive, Block 6 of
Belmont Gardens and a portion of Section 31, 13f21, M.D.M.
BEGINNING at the intersection of a line, which is 30.00 feet North of, and parallel
with, the North line of Lot 2, Block 5 of Belmont Gardens, according to the map
thereof, filed- in the Office of the County Recorder .June 4, 1936, and recorded
in Volume 11 of the Plats at page 39, Fresno County Records with a line which is
30.00 feet East oft and parallel with, the East line of .said Lot 2, Block 5, being
also, a point on the existing City Limits of the City of;Fresno; thence Westerly
along said line which is 30.00 feet North o f , and parallel with, the North line
of said Lot 2, Block. 5 being also, along the said existing City Limits, to the
intersection with the Northerly production of the West line of the East Two Fifths
of said Lot 2, Black 5-; thence Southerly along the Northerly production of the
West line of the East Two Fifths of said .Lot 2,Block 5 and along the Vest line
of the East Two Fifths of said Lot 2, Block S, to the Intersection with a line
which is 125.00 feat North of, and parallel with, the South line of said Lot 2,
Block 5; thence Easterly along said line which is 125.00 feet North of, and parallel
with, the South line of said Lot 2, Block 51 and 125.00 feet North of and parallel
with the Easterly production of the South line of said Lot 2, Block 5, to a point
which is 30.00 fast. West of the West line of Lot 1, Block 6 of said Belmont Gardensx
thence Southerly, parallel with and 30.00 feet West of the West-Ald'nes of Lots I and
4, of said Block 6, and parallel with the Southerly produetio!"i2i-e.,West line of
Lot 4 of said Block 6, to the intersection with a line which is 30.00\��eet South
of the Westerly production of the South line of Lot 4 of said Block 6;4ence
Easterly parallel with the Westerly -production of the South line of said Lot 4,
Block 6, and parallel with the South lines of Lots 4 and 3 of said Block 6, and
parallel with the Easterly production of the South line of said Lot 3,.Block 6
to the intersection with a line which is parallel with and 30.00 feet. East of
the Southerly production of the. East line of Lot 3, Block 6;` thence northerly,
parallel with and 30.00 feet East of the Southerly production of the East line of
said Lot 3, Block 6, and parallel with the East lines of Lots 3 and 2 of said
Block 61 and parallel with the Northerly production of the East line of said
f
Lot 2, Block 6 to the intersection with a line which is parallel with and 30.00
feet North of the Easterly production of the Forth. Line of said Lot 2, Block 6;
thence Westerly, parallel with and 30.00 feet North of the Easterly production
of the North Sine of said ot.2, Block 6; and parallel with the North lines of
Lots 2 and 1 of said Block 6, and parallel with the Westerly production of the
North line of said Lot 1, Block 6, to the POINT OF BEGINNING.
Drawning No. 6-A-984
File No. 1954
Contains 10.77 Acres
12/19/78
JN
Revised 2/DAft
Executive Office:
_EXHIBIT "A"
�.. ... ........... •..•. •
- .• .•. •• .e� I� r1 M•r1 j�'� r. I. r7 r�
• •••A al
3 ' :•� a -9 3 ' s
.. ..-.-.-.-..•.s•.•.•` r Of' BEG.
•. >
..
G. _ ............
/Ct :1�X.G $G:.. • " = :. 30'
.............
:,.
I . .
. .
. .
. . .
. . .
. .
. . . .
LAJ
Z11
_:::_
OIL
............:::::::::. ..
ZTZ
4 .3 0 :::::: 9: ..3...:::. a:
:j::
......
--tea R VEY
- ..= r
A P P R VED-LAF,p
J/ •Z
LE GE 1VD DA j
I ExiSTINO C 1-rY AREA
Executive Officer
::........ AREA TO 9E LET4CNED FROM TAE MILS VALLY THE %�OTECT1ON
DISTRICT & ANNEXED To 6-ITY OF F1? S1V0
ADDED ADDREs:s SYsTEm
TYLER — GARDEN NO. -
�.---
(i�R L OT.Z, BLK..5_;_L 07,3 /_-4, )AIC1, 3LK6 B.ELMONT
-':7GARDEW AND POR SeC.3l, -131V, M.D• M •)FXliIBlT'l
FILE N° 1954
ANNEX N°
ACRES = /o- 77
DR. BY. M
DATE: ?---: =tea C o A— —9aq
S C ALE _ �J