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HomeMy WebLinkAboutResolution - City Council - 79-156 - 1979-04-17lute Pou l t r U Biel icki RESOLUTION NO. 79- 1 5 A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNOI CALIFORNIA, IN THE MATTER OF THE FILLMORE-WILLOW NO. 3 DISTRICT REORGANIZATION ORDERING A' REORGANIZA- TION TO THE CITY OF FRESNO AND THE MID VALLEY FIRE PROTECTION DISTRICT WHEREAS, proceedings for a reorganization were commenced by the Council of the City of Fresno pursuant to its Resolution No. 78--482 adopted: on November 7 1978, being`a resolution of application by the City of Fresno requesting the Fresno Local Agency Fox-mation 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 proposal has been assigned the short form designation "F llmore- il,low No. 3" 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, and subsequent to the giving of notice of public hearing on said resolution of application by the Executive Officer of said Commission, by mailing, posting, and publication, all at the .tire and in the form and manner provided by law, said Commission did on .the loth day of December, 1978, meet at the time and place appointed therefor in said notice to consider all matters relevant to the proposed reorganization and to hear all persons interested therein; and WHEREAS, at the time and place fixed for hearing before said Fresno Local Agency Formation Commission, said Commission adopted its Resolution No. R0-78-41 "Making Determination and Approving Proposed Fillmore-Willow No. 3 Reorganization"" of the City of Fresno and the Mid Valley Fire Protection District, on December 20, 1978, all at the tim.e.and in the form and manner as prescribed by law; and WHEREAS, said Fresno Local. Agency Formation, Commission Resolution No. RO--78-41 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 by adopting on March 20, 1979, Resolution No. 79-111,, generally entitled a. "Reso- lution Initiating Proceedings for the Reorganization of the City of Fresno and the Mid Valley Fire Protection District" and set a hearing on the proposed reor- ganization for the 37th day of April, 1979, at 2d20 p.m., in the Council Chamber City Hall, 2326 Fresno Street, Fresno, California, 93721 all in the manner pre- scribed by law; and WHEREAS, this council finds that the required notice of the passage o said resolution initiating proceedings for the proposed reorganization and of the time and place for hearing protests or objections to said reorganization has been published, posted, and mailed in the time, form and manner required by law; and tREAS, 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 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 AREAS, at said hearing and prior to consideration of protests, the Fresno Local Agency Formation Commission's resolution making determination$ was presented and summarized to this Counoil and WHEREAS, this council consi.d.ered 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 reorganization constitutes uninhabited territory as defined by law and that written protests filed and not withdrawn represented less than fifty percent (50%) of the assessed value of land i therein; and WHEREAS pursuant to Fresno Municipal Code Section 2--208 the subject territory is allocated to the Roosevelt Council District No. 5. NOW', THEREFORE, BE IT RESOLVED by the Council of the City of Fresno as follows 1 This council hereby orders that 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, be and it is hereby annexed to the City of Fresno and the same territory and it is hereby detached from the Mid_Vall.ey Fire Protection District of Fresno County. 2. That it will be to the best interest of said territory to include 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. The subject territory is within the City of Fresno's Sphere of Influence. Page 2 of 3 Pages _ b. A property owner within the area has expressed a desire to annex to the City, c The consolidation of the subject area into one detachment - annexation project is beneficial to the affected governmental processes and the resultant City and District boundaries. d. That the, proposed: reorganization requires the annexation: of certain territory to the City of Fresno and the detachment of same territory from the Mid Valley Fire Protection District. 4. Written protests filed and not withdrawn represent less than fifty percent (54%) of the assessed value of land therein, 5. The Clerk of the City of Fresno shall immediately cause to be trans- mitted to the Executive Officer of the Fresno Local Agency Formation Commission a certified 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. - IT IS FURTHER RESOLVED by the Council of the City of Fresno that the subject territory designated as the F llmore-Willow No. 3 District. Reorganization, described in said .Exhibit "A" and depicted on said Exhibit "B" b�--and is hereby allocated to the Roosevelt Council District No 5. CLERK'S CERTIFICATION STATE OF CALIFORNIA } COUNTY OF FRESNO } ss CITY OF FRESNO } I, 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 1 7 t h day of ;,'.,p r i 1 , 1979. JACQUELINE L. RYLE City Clerk By GAC: FEG : me 3/26 f 79 APPROVED As To fvw YTy ATTt Page 3 of 3 Pages RE LUTION NO. RO-78-41 1 MAKING DETERMINATION AND APPROVING) RESOLUTION OF THE PROPOSED "FILLMORE-WILLOW # 3" FRESNO LOCAL AGENCY 2 REORGANIZATION FORMATION COMMISSION 3, 4 WHEREAS, preliminary proceedings have been initiated by the 5 Cite 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, and 8 WHEREAS, an application for said proposal has been accepted 9 for filing by the Executive Officer of this Local Agency Formation 10 Commission pursuant to Title 5, Division 1, Part 2 of the 11. Government Coder and 12 WHEREAS, said application was set for hearing by the Executive Y 13 Officer on the 20th day of December 1978, at the hour of 3:25 P.M. 14 of said day-, and 15 WHEREAS, notice of the hearing of said application was duly 15 given by mail, posting, and newspaper publication ;as required by 17 law and 18 WHEREAS, the Executive Officer has reviewed said application 19 and prepared a report, including his recommendations thereon, said 20 application and report having been presented to and considered by 1 21. this Commission; and 22 WHEREAS, this Commission has considered all relevant factors 23 and heard all interested parties wishing to speak on said 24 application; and 25 WHEREAS, a negative declaration of environmental impact had 26 been prepared and: properly noticed by the City staff and said 27 negative declaration was considered by the Commission. 28 NOWt THEREFORE, BE IT RESOLVED that the Local Agency Formation 29 Commission of -the County of Fresno does HEREBY RESOLVE, DETERMINE, 30 AND ORDER as follows 31 Section 1, This Commission certifies it has reviewed and 32 considered the negative declaration., COUNTY OF "ZISNC RESNO, CALIFORMA Page 1 of 2 Section 2. Said proposal is approved subject to the terms and 2 conditions hereinafter specified. 3 Section. 3. Any resolution of the conducting agency ordering 4 this reorganization shall provide that such reorganization shall 5 be subject to the following terms and conditions 6 1.A revised map and legal description, approved by the County 7 Assessor's Office, submitted to the Local Agency Formation 8 Commission prior to further proceedings Section 4. The boundaries of the territory proposed to be 10 reorganized, as set forth: in attached Exhibit A or as amended by 11 condition, are approved. Said territory is found to be uninhabited 1.2 ,and is assigned the fallowing distinctive short form designation 13 Fillmore--Willow #3. 14 Section 5. The City of Fresno is designated as the conducting 15 agency and the governing body of said agency is hereby directed to 16 initiate reorganization proceedings in compliance with this 17 resolution 18 Section 6. Further proceedings shall be initiated, conducted, 1.9 and completed pursuant to required law. Proceedings and, any 20 resolution of approval shall comply with the Commission resolution 21 of approval. 22 Section 7. The Executive. Officer is hereby authorized and 23 directed to mail certified copies of this resolution as provided 24 in Section 56272 of the Government Code. 25 ADOPTED this 20th. day of December 1978_ by the following vote: 26 ,YES; Donaldson, Howard, Petery, Johnson 27 NOES None 28 ABSENT: Albright, Valdez 29 STATE OF CALIFORNIA) 3t7 COUNTY OF FRESNQ ) I, MARVIN L. PANTER, Executive Officer of the Local, Agency 3 Formation Commission certify that the foregoing resolution was adopted by the Fresno County Local Agency Formation Commission,. 32 California, at a regular meeting held on the 20th day of Dec`. 1978 COUNTY aRIrRESNO - MARVIN L. PANTER, Executive Officer #2ESNO, CALIFORNIA Page 2 of 2 E i '�' aa! .i +' �s'•.r '4f. ,, .;y_ "� rt ",e •. ,q°i` �e � i ! A � � ..:v; x ,+. �C�•�s ¢ „.nA #,`�"s ' s. y-.k'► 1�''A :Y �'+ _,r r F I3.t1J1'lo+L E —WILLO NO. +3 DISTRICT REORGANIZATION AREA TO BE DETACHED FROM THE MID VALLEY FIRE PROTECTION DISTRICT AND ANNEXED TO THE CITY CE FRESNC} Consists of Lets 5, 6, and 7 of Basterby Heights, Lot 1 of Huntington Boulevard Acres No. 2, Lots 1, 10, 11, and 20 of 'Huntington BoulevardAcres and a. portion of Section 6 14/21, M,.D>B.&K BEGINNING at the intersection of the Easterly production of the South Line of Lot 7 of Easterly Heights,: according to the map thereof, filed in the Office of the County Recorder April 1.5, 1912, and recorded in Volume 7 of the Record of Surveys at page 44, Fresno Cotmty records, with the East lane of the Vest Half of Section 6, Township 1.4 South, Range 21 East, Mount Diablo Base and Meridian, as said Sec- tion is shown on the United States Township Plats, being also, a point on the existing City Limits of the City of Fresno thence Westerly along the Easterly production of the South line of said Lot 7 and along the South line of said Lot 7, being also, along the existing City Limits of the City of.Fresno to the Southwest corner of said. Lot 7 thence Northerly along the West lines of Lots 5, 6, and 7 of said Easterly Heights; _ being also, along the said existing City Limits, to the Northwest cornier of said Lot 5 the'rkoe Easterly along the North line of said Lot 5 and along the Easterly production of the North Line of said Lot 6f being also, along the said existing City Limits, to the intersection with the Bast line of the West. Half of said Section 6; thence Northerly along the Bast line of the 'Nest Half of said Section 6, being also, along the said existing City Limits, to the inter- section with the Westerly production of the North line of Lot 1 of Huntington Boulevard acres No, 2, according to the map thereof,, filed in the office of the County Recorder January 14, 1916, and recorded in Volume 7 of Plats at page 100, Fresno County Records, thence Easterly along the Westerly production of the North line of said Lot 1 of Huntington Boulevard Acres No. 2 and Easterly along the North dine of said Lot 1 of Huntington, Boulevard Acres No. 2 to the Northeast corner of said Lot 1 of Huntington Boulevard Acres No. 2r thence Southerly along the 'East line of said Lot 1 of Huntington Boulevard Acres No. 2 and Southerly along the Southerly production of the Fast Line of said Lot 1 of Huntington Boulevard Acres No. 2 to the Northeast corner of Lot 28 of Huntington Boulevard.Acres, according f to the snap therefore,. filed in the office of the County Recorder February 17, 191.40, and recorded in Volume 7 of Plats at Page 24, Fresno County Records, thence South:-- erly along the East Lines of Lets`24 and 1.1 of said Huntington Boulevard Acres and Southerly along the southerly production of the East line of said Lot ll of Huntington Boulevard Acres to the Northeast corner of Lot IS of said: Huntington Boulevard Acres; thence Westerly along the North Line of said Lot. 10, a distance of 2.00 feet: thence Southerlyr parallel with and 2.00 feet West of the Bast line of said Lot 10 to the intersection with the Forth line of Lot 1, of said Huntington" Boulevard Acres- thence Easterly along the North line of said Lot 1 of Huntington Boulevard. Acres a distance of 2.00 feet to the Northeast corner of said Lot'1 of Huntington Boulevard Acres; thence Southerly along the Bast line of said Lot l of Huntington Boulevard Acres - and. the Southerly production of the East line of said. Lot 1 Huntington Boulevard Acres to the intersection with the Easterly production of the South line of Lot 7 of said Easterby Heights. thence Westerly along the Easterly production of the 'South line of said Lot 7 to the POINT OF BEGINNING. Drawning No.. 6--A--977 APPROvED File No. 1947 Contains 16.79 Acres 7/1S/7S D CCK/pt MAR Revised 2f 26/79 i`" '.-s JNfmc Executive Officer EXHZB]:T "A"' ` '^ • r ~ ` '+ • �vA�:�..R-3'�'a'.'Wi'i� .ey`4�i6�?'�' s 'i �' . , .r`.., . w;..�le i:.'!Jee;,�.�`:`.t���y.������i�* � - T.��Y� z AvENU� -ARE do r.7 '�'�► i'ilr e •!.0� 2 3 • : �:C 1•••••i•.•'w :3: •�•d•1•• w a,•{• •' • W �df2C 191ejIt' o �5,�3(, It 1 t •�• �B• j .. -� R- A l20 :9 a �r •� '\� �4• 15 AVE. -. -- -- R-1 C .'.' �E. 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Qi. licr b APPROVED —LAFC O .r,z,:—,z4— �_Z � _ _— DAi F— MARVi Executive Officer /� R E.9 TO O E .� E Tit C /a�EL� FiPO /•f T/51•� /0'� ,.-1 j/A L ,4 L !' F/.P6 /D.P O T E C 7 -'V L D /,S 7-AP / C T .A /V,D /g NNa£ X .E GD rG T''ov e (f/ 7 , .Y D -,W' FiPd S N O - AZD.,Ep A4)4-).Pess Sr'srEr-r ©IST/Q!C T- /T EO.PGAN/.ZAT/O/V C S--C . 6 , / V�.2/, /7..0- /`!- EXHIBIT "B" .eev. 2 -26 - 79 FILE N° ANNEX N ° ACRES = DR. BY. fcA 9 C ALE ' /9y7 /b.79 ti 6-A- 7��