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HomeMy WebLinkAboutResolution - City Council - 79-199 - 1979-05-15Ruth Poulter .'s . Ed Seel ckf RESOLUTION NO RESOLUTION INITIATING PROCEEDINGS FOR: THE REORGANIZATION OF THE CITY OF FRESNO AND THE MID VALLEY FIRE PROTECTION DISTRICT, INVOLVING UNINHABITED TERRITORY DESCRIBED HERE- IN AND (DESIGNATED A5 THE PROPOSED JENSEN-MAPLE, N0.1 DISTRICT REORGANIZATIONt SETTING T�iE TIME, DATE, AND PLACE FOR HEARING PROTESTS THERETO AND GIVING NOTICE THEREOF. WHEREAS, proceedings for a proposed reorganization were commenced by the City of Fresno pursuant to its Resolution. of Application. Resolution No. 79-15 , adopted, on January 16, 1979; and WHEREAS, the Fresno Local Agency Formation Commission, on the 25th day of April, 1979, met at the noticed time and place and considered all matters relevant to the proposed reorganization and heard all persons interested there- in, and adapted, at the time and in the form and manner prescribed by law, its Resolution No. RO-79--3, Making Determination and. Approving the proposed Jensen -Maple No.1 District Reorganization. However, this resolution was subsequently amended on May 9, 1979, by LAFCO's ResolutionNo. RO-- 9-3-A to include APN 450-120-15, and copies of which are attached hereto and identified as Exhibit "A"; and WHEREAS, the Fresno County Assessor's Roll will be used for the purpose of levying any assessments or taxes on the subject property; and WHEREAS, the subject territory proposed to be annexed to the City of Fresno shall be exempt from taxation for the payment of principal or interest, or any other amounts which shall become due on account of any outstanding bonded in- debtedness incurred by the City prior to the effective date of such annexation. Upon completion of the reorganization proceedings for this proposal, the subject territory will be included in Municipal Bond Area ''D" and will not . be taxed for any existing bonded indebtedness` or contractual obligation. NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND ORDERED by the Council of the City of Fresno, as follows 1.. Proceedings are hereby initiated for the proposed Jensen -Maple No.l District Reorganization, as described in attached Exhibit "B" and graphically depicted upon the map marked Exhibit "C", wherein the City of Fresno and the Mid Valley Fire Protection District are each subject to a change of organization. 2. All of the subject territory affected is within the County of Fresno. 3. For the purpose. of the proposed reorganization, the subject territory _14k ,is found to be uninhabited. f 4 The reasons: for this proposed reorganization are as follows a. Annexation of the subject territory to the City of Fresno Will result ------------- Page Three 9. The Clerk of the City of Fresno shall give notice of such hearing once a week for two successive weeks in a newspaper of general circulation within the affected distract, city, and county; said publication to be commenced at Least fifteen days ,prior to the date specified herein for hearing, with at Least five days intervening between the respective publication dates not counting such publication dates. 10. The. Clerk shall further cause a copy of this resolution to be ,posted on or near the door of the meeting place of the Council; said posting to be commenced at Least fifteen days prior to the date specified herein for hearing and continue to the time of said hearing. 11.. The Clerk, shall further cause notice to be mailed to each person owning land within the subject territory as shown on the last equalized assessment roll., at the address shown upon such assessmentroll, and to all persons and affected cities or districts, if any, which have filed a written request for such notice. This mailing shall be by first class mail, postage prepaidt at least fifteen days prior to the day specified herein for the hearing 12. The Clerk be hereby instructed to forward a copy of this resolution to the Executive Officer of the Fresno Local Agency Formation. Commission. CLERKS CERTIFICATION STATE OF CALIFORNIA } COUNTY OF FRESNO ) ss , CITY OF FRESNC} I, JACQUELINE L. RYLE, City Clerk of the Cite of Fresno, certify that the foregoing resolution was adopted by the Council of the City of Fresno, California, at a regular meeting held on theme day of a y 1979. JA.CQUELINE L. RYLE City Clerk n Deputy 7 GAK/RL s ak 5 f 11/79 Page Two in improved land use planning. All private development controls of the City will apply following annexation. b. The subject territory is within the City of Fresno' Sphere of Influence c. Several of the 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 project is beneficial to the affected government process and the re- sultant city and district boundaries: 5. The proposed reorganization requires the annexation of certain terri- tory to the City of Fresno and the detachment of same territory from the Mid Valley Fire Protection District. 6. That such reorganization was made subject to conditions imposed by the Fresno Local Agency Formation Commission, namely. a. Inclusion of APN 480- 120 -15 and a, revised map and legal description, approved by the County Assessor's Office, submitted to the Executive Officer by 5 p.m.,_ May 11, 1979. b. Amendment of service plan to provide for .fire service by the Mid Valley Fire Protection District, as per city/district fire district agreement. c. Inclusion of APN 480--03-49 and 50, as requested by property owner, and submission of revised neap and legal, approved by the County Assessor's Office, to the Local Agency Formation Commission.. 7. That the Conditions of Approval imposed by the Fresno Local Agency Formation 'Commission, as indicated in Item No.6 above, have been complied with by the City of Fresno. 8. June 19, 1979, at the hour of 2:05 p.m., in the Council Chamber, City Hall, 2326 Fresno Street, Fresno, California, a date not less than fifteen days nor more than sixty days after the date of adoption of this resolution, is hereby established as the time, date, and place of hearing on the proposed reorganization. At this time and place any interested persons desiring to protest said reorganization shall ado so by written communication filed with the Clerk of the City of Fresno no later than the hour set for hearing. A written protest by a landowner shall contain a description sufficient to identify the land owned by him t Y {} I 5 6 7 8 0 10 16 171 18! 19 20 23 23 24 25 26 27 28 29 30 31 321 "W or !mo 'ft "USN 1117RECEIVC V-1i SOLUTION NO. RO-79-3 PLANNING & INSPEC ON D.EPI, MAKING DETERMINATION AND APPROVCMOF FRESNO RESOLUTION OF THE PROPOSED "JENSEN-MAPLE #l" j FRESNO LOCAL AGENCY REORGANIZATION } FORMATION COMMISSION L k WHEREAS, preliminary proceedings have been initiated by the City of Fresno to annex certain territory to the City of Fresno and detach: from Mid -'Halley Fire Protection District in the County of Fresno; and WHEREAS, an application for said proposal has been accepted for filing by the Executive Officer of the Local Agency Formation Commission pursuant to Title 6, Division 1, Part 2 of the Government Code; and WHEREAS, said application was set for nearing by the Executive Officer on the 25th day of April 1979, at the hour of 3; 40 P.M. of said day; and WHEREAS, notice of the hearing of said application was duly given by rail, posting and newspaper publication as required by law and WHEREAS, the Executive Officer has reviewed said application and prepared a. report, including his recommendations thereon said application and report having been presented to and considered by this Commission; and WHEREAS, this Commission has considered all relevant factor i and: heard all interested parties wishing to speak on said application; and WHEREAS, a negative declaration of environmental impact had been prepared and properly noticed by the City of Fresno and said negative declaration was considered by the Commission. NOW, THEREFORE, BE IT RESOLVED that the Local Agency Formation Commission of the County of Fresno does HEREBY RESOLVE, DETERMINE AND ORDER. as follows: Section I. This Commission certifies it has reviewed and con.si.oered the negative declaration. The Commission has also found: Exhibit "All 1 42 3 4 5 6 7 8 9 10 11 12 13 14 15 16 ! 17 18 19 20 21 22 23. 24 25 26 27 28 29 30 31 32 that the proposed inclusion will have no environmental impact beyon I that addressed in the information submitted in the environmental finding for the proposal. Section 2 Said proposal is approved subject to the terms and conditions: hereinafter specified. Section 3 Any resolution of -the conducting agency ordering this reorgan"i nation shall provide that such reorganization shall be subject to the following terms and conditions: 1. Amendment of service plan to provide for fire service by the Mid -Valley Fire Protection District, as per city/district fire district agreement. 2. Inclusion. of. A.P.N. 480--03-49 and 50 ' as requested by property owner, and submission of revised snap and legal, approved by the County Assessor's Office, to the Local Agency Formation Commission. Section 4. The boundaries of the territory proposed to be j reorganized, as set forth in attached Exhibit .A and as amended by f - I condition, are approved. Said territory is found to be uninhabi-tedl and is assigned the 'following distinctive short form. designation Jensen. -Maple #lA The City of Fresno is designated as the condu:(ting' Section 5. h y �' agency and the governing body of said agency is hereby directed to initiate reorganization proceedings in compliance with this i resolution, 7 Section 6. Further proceedings shall be initiated, conducted, 1 and completed pursuant to required law. Proceedings and any resolution of approval shall, comply with the Commission resolution of approval. Section 7. The Executive Officer is hereby authorized and directed to mail certified copies of this resolution as provided in Section 56272 of the Government Code. W I ADOPTED this 25th day of April 1979 by the following vote: AYES Donaldson, Howard,Valdez, Johnson 3 NOES,:, None 4 ABSENT Albright 5 7 STATE OF CALIFORNIA) COUNTY OF F'RESN I, MARVIN L. PZaNTER Executive Officer of the Local Agency 9 Formation Commission certify that the foregoing resolution was adopted by the Fresno County Local. Agency Formation Commission, 10 California, at a regular meeting held on the 25th day of April 1979. 11 13 MARVIN L. PANTER,, Executive Officer 14 1 1 37 18 19 . 20 21: 22 23 2 25 26 2' 28 29 30 .. 31 _ _ W ATUTION NO, RO-79--3--.A , 1 REVISING RESOLUTION OF) RESOLUTION OF THE "JENSEN-MAPLE #1"FRESNO LOCAL AGENCY 2' REORGANIZATION 7 FORMATION COMMISSION 5 WHEREAS, preliminary proceedings have been initiated by the 5 City of Fresno for the proposed "Jensen -Maple #1" reorganization 6 to annex to the City of Fresno and detach from Mid -Valley Fire 7 Protection. District in the County of Fresno; and 8 WHEREAS, the proposed "Jensen --Maple #1" reorganization was 9 considered by the Local Agency Formation Commission on April 25, 10 1979, at 3 40 P.M. and approved with condition; and 11 WHEREAS, on May 2, 1979, the Executive Officer did receive a 12 request from an adjacent landowner to revise the Commission's 15 resolution in order to add a parcel of land adjacent to the 14 proposal's affected territory; and 15 WHEREAS, the Commission did consider this request at its meeting, 16 on May 9, beginning at 930 A.M., to revise their resolution 17 No. RO-79-3; and r 18 WHEREAS, the Commission did consider all relevant factors and. 19 heard all interested parties wishing to speak on the requested 20 revision; and 21 WHEREAS, it was determined, by the Commission that the request 22 should be approved without further -notice and hearing in that the 23 landowner of the affected parcel had given his consent to the 24 reorganization; and 25 WHEREAS, it was the concern of the Commission that the map and 26 description showing the requested addition be prepared as quickly 27 as possible so as to not delay the process; and 28 WHEREAS, it was determined by the Commission that the inclusion 29 of additional territory would not add any significant effect to 50 the environment beyond that addressed in the negative declaration 31 prepared by the City of Fresno for the subject proposal. 32 COUNTY OF FRESN® F1RE6x0, CAL1FM-N1A q A 5 6 7 9 14 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 25 2'7 28 29 30 31 32 COUNTY OF FRZSNO FRESNO, CALIFORNIJ NOW, THEREFORE, the Local Agency Formation Commission of the County of Fresno DOES HEREBY RESOLVE, DETERMINE, AND ORDER as follows Section 1, The request to revise the Local Agency Formation Commission Resolution No.. RO-79-3 "Jensen -Maple #l", is approved, subject to terms and conditions hereinafter specified.. Section 2 Any resolution of the conducting ageicy ordering this reorganization shall provide that such reorganization shall be subject to the following terms and conditions 1. Inclusion of A.PN 480-120-15 and a revised map and legal description, approved by the County Ass�,ssor's Office, submitted to the Executive Officer by 5 P.M. May 11, 1979. 2. Amendment of service plan to provide for fire service by the Mid -Valley Fire Protection District, as per city/district fire district agreement 3. Inclusion. of APN 480- 03--49 and 50, as requested by property owner, and submission of revised map and legal, approved by the County Assessor's Office, to the Local Agency Formation f Commission. i 1 Section 3. The boundaries of the territory proposed to be reorganized, as set forth in attached Exhibit A and amended by condition, are approved. Said territory is found to be uninhabited and is assigned the following distinctive short form designation I Jensen -Maple #1, Section 4. The City of Fresno is designated as the conducting agency and the governing body of said agency is hereby directed to initiate reorganization proceedings in compliance with this resolution. Section 5. Further proceedings shall be initiated, conducted, and completed pursuant to required law. Proceedings and any resolution of approval shall comply with the Commission resolution of approval. o- 1 Section 6 The Executive Officer is hereby authorized and 2 directed to mail certified copies of this resolution as p3Fovided 3 in Section 56272 of the Government Code. 4 ADOPTED this 9th day of May 1979 by the following :vote.: 5 AYES; Howard, Valdez, Donaldson, Johnson, Albright I 6 NOES: None G 7 ABSENT; bone f 8 9 STATE OF CALIFORNIA} 10 COUNTY OF FRESNO } I,'MARVIN L. PANTER, Executive Officer of the Local Agency 11 Formation Commission certify that the foregoing resolution was adopted by the Fresno Counter Local Agency - Formation Commission, 12 California, at a special; meeting held can the 9th day of May '1979. 13 14 MARVIN L. FANTER, Executive Officer 15 15 17 18 19 20 21' 22 23 24 25 2.5 27 28 29 34 31 32 COUNTY OF MMSHO FRESNO- CALIFORNIA w .. r JENSEN -MAPLE NO., 1 � .S DISTRICT REORGANIZATION Area to be detached from the Mid Halley Fare Protection District and Annexed to the City of Fresno. Consisting of a portion of the South. Half of Section 13 and apportion of the Northwest Quarter of the Northeast Quarter of Section 24, T14S, R2OE, M.D.B.&M. BEGINNING on the East line of the West Half of Section 24, Township 14 South, Range 20 East, Mount Diablo Base and .Meridian according to Official United States Plats, at a point which is 23.00 feet South of the North Quarter corner of said Section 24; thence Easterly along a line that is 23.00 feet South of, and parallel to the North line of said Section 24, to the intersection of the East line of the Northwest Quarter of the Northeast Quarter of said Section 24 thence Northerly along the East line of the Northwest Quarter of the North-- east Quarter of said Section 24 a distance of 23,.00 feet to the Northeast corner of the Northwest Quarter of the Northeast Quarter of said Section 240 being also the southeast corner of the Southwest Quarter of the Southeast Quarter of Section 13, of Township 14 South, Range 20 East, Mount Diablo Base and Meridian, according to Official United States Plats, thence Northerly along the East line of the Southwest Quarter of the Southeast Quarter of said Section 13, to the Northeast corner of the Southwest Quarter of the Southeast Quarter of said; Section 13; thence Westerly along the North line of the Southwest Quarter of the Southeast Quarter of said Section 13 to the Northwest corner of the Southwest Quarter of the Southeast Quarter of said Section,13; thence Westerly along the North line of the Northeast Quarter of the Southeast Quarter of the Southwest Quarter of said Section 13, being also along the existing City Limits of the City of Fresno, to the Northeast corner of the West Half of the Southeast Quarter of the South- west Quarter of said Section 13; thence Southerly along the East line of the West Half of the Southeast Quarter of the Southwest Quarter of said Section 13, being also along the existing City Limits _of the City of Fresno, to the inter- section with a line which .s 612.48 feet North of, and parallel to the South line. of -said Section 13 thence Easterly along said line which is 612.AS feet North of, and parallel to, the South line of said Section 1:3, being also along the existing City Limits of the City of Fresno, to the intersection with. the East line of the West Half of said Section 13; thence Southerly along the _East line of the West Half of said Section 13, being also along the existing City Limits of the City of Fresno, to the intersection with a line which is 428.48 feet North of, and: parallel to, .the South line of said Section 13; thence South- erly along the East line of the West Half of said Section 13, to the South Quarter corner of said Section 13, being also the North Quarter corner of said Section 24; thence Southerly along the East line of the West Half of said Section 24, a distance of 23*00 feet to the POINT OF BEGINNING, Drawing No. 6-A-990 File No. 1960 Contains 51 R 68 acres Exhibit.""B" 1%4/'79 GGfJN .r - APPROVED LAFCO MA 411f � .\e c;w 'L- Y�,.1aa44yev7 a JENSEN — MAPLE NO 1 � I ANNEXATION TO THE CITY OF FRESNO AND DETACHMENT FROM MID VALLEY FIRE PROTECTION DISTRICT May 10, 1979 LEGAL DESCRIPTION The Northwest 1/4. of the4 Northeast 1/4 of the Southeast 1/4 cif Section 13, Township 14 South, Range 20 East, M.D.B. & M. according to the United ! States Government Township Plats, EXCEPTING THEREFROM the East 220.00 feet thereof, AND ALSO INCLUDING the Southwest 1/4 of. the East 396.00 feet of Lot 15 of Richland Tract according to the map thereof recorded in Book`4, Page 28 of Plats, Fresno County Records. said Parcel is. also described: as follows t BEGINNING at the Southwest 'corner of the Southeast 1/4 of the Northeast. I 1/4 of said Section 13; thence N 89' 59' 25" E, along the South line of the Northeast" 1/4 of said Section 13, being also along the existing City limits of the City of Fresno', a . distance ,cif 254.00 'feet to the intersection on with a line which is parallel -with and 254.00 feet East cif the`West Line of said ..,' Lot 15 of Richland Tract thence N 000 17' 17" E, along a line which is - parallel with . and 254'.00 ` Beet East of. the'West line of said Lot 15 of -Richland Tract being also along the existing Cify limits of tbe' City of Fresno, a distance o_ f 664.80 feet to a point on the' North line -''of the South 1/2- of said Lot 15; thence N 89°_58' 19" E, along the North line of the South 112 of said Lot 15, a distance of 198.07 feet to the Northwest corner of the East 198.06 feet of -the South.-1/2 of said Lot 15; thence S 00' 17' 49" W, parallel with and 198.00 feet West of the East line of said Lot 15., a distance of 664.85 feet to a point on the South line of Northeast 1/4 of said Section 13; thence S 89 59'25" 14, along the South line of the Northeast .1/4 of said Section 13; a distance of 7.02 feet to a point which ° lies N 89' 59' 25" E, a distance of 444.45 feet from` the Southwest` 1/4 of the Southeast 114 of the Northeast 1/4 of said Section 1.3; thence S 00° 18'_ 20"-W, a distance of 660.02 feet to* the point of intersection with the South line of the Northwest 1/4 of the Northeast 1/4 of the Southeast' 114 of. said Section 13.. thence N 89° 59' OO,r w; along said South Line, a distance of 445.12 feet; thence N 000 19' 13" E, along the West line of the Northwest-114 of the Northeast 1/4 of the Southeast 1/4 of said Section 131, a distance of 659.82 feet to the point of BEGINNING. 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A r w 2W o*g Iry r acyv� �. � �:tSTIWG's G1?'Y AR�� a2EA ; O a� o�-z-acuFo ' FRCM 'C't•+E ►..tt'J VA.t_L��{ ;-1Q� PC20TEGTlO�+l DtST2tG-•t•- d.�� /Ll1�l�X�D To -THE Ct'Z"Y pF FRESI-�O t.Oo5-0 &Oti2E5S sY5'TEM D\ S-T-R� (= �CoV-.1 rjTt�:�., lit= �7�=T1Uts'� C) `�F-GT10t.1S ti3 A-1-4a :_�, +'" 1 �1 �jr 1.; 2U ka. 4 APPROVED-LAFCO DATE • MAC.`/��a ? . .... , ...:: Executive Ofhczr Exhibit "C" FILE N° ANtv`EX N ACRES = 19GO 51.:,-8 OP.. 8Y. :1.T£. 6-A- 990 r F FLOf:E-NCF AYE. Zt / rT , Y6 b 4YE. 6 BEL Nt . • Are �. CNukrN 6 C . E4V6 VNIA AY lk, v Q 4a h h E. JENSEN A YE. VICINIT Y MAP Nor ro SGAL- PROPOSED ArE � ANNEXA riON L 1-1 w Ijw � EAST BELG,pq ; AVENUE 4 h Z54 J ? Q Q �W O CENTER V4 COR,'r ER tl) SEcrioN /y, r /4 5. , R 2O E EAST CHURCH N99'S9� 25"E 5 W. CORNER OF rFIE 5. i OF ME- N.1 %4 5 CT/O 13, r 14 5,,.20E POIN% 0I` BE `IN /YG ij `? 1 / a FA57 EUGENIA AVENUE h o W h J T N `- SCA L E I '/ 200 • L;U D A E_ AeLADV,4:1 L. n "il Executive Officer NLl,K/N L l h't 0, - l Nt S %Z LOT 15, q'c9L- 1yq TRACT N 91'-58' l 9 "E 196.07 EAST B_6LGR4r1A T - / i i AYENajT v� ►. /97.97' /%-/- Z� f / 445. /2' � �j � Z EAST � rlowER 4 VENUE 5' E. QIRKER Of Tab .SW!4 OF rNE E45r jr of ,- Ri[ 4/vo .4YENUE N 69.59'00"w EAST 6URN.5 AYfNUE 2 0 zt c� I JFNSFN - MAPLE No I ANNEXA TION TO THE Cl T 1' OF FlIFESNO 4 ND DE7-,4 TENT /POM Alh ' YALLE7' Fl)?F PROTECT/ON D15TRICT MAY 9, /979 t { 1{ R y CRE6N►vOOO -CS ND D - 7907O F