HomeMy WebLinkAboutResolution - City Council - 79-224 - 1979-05-29i
'} Ruth Pohl ter
` Ed B ieIicki
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RESOLUTION NO. 709 - 2
A RESOLUTION APPROVING THE ANNEXATION TO THE CITY
OF FRESNO, CALIFORNIA,r OF CERTAIN UNINHABITED
C TERRITORY, DESIGNATED THE CALIFORNIA-MINNEWAWA NO.3
ANNEXATION
WHEREAS, the Council of the City of Fresno, pursuant to Resolution
No. 78--278, applying for an-d requesting the Fresno Local Agency Formation
Commission to take appropriate proceedings, all in accordance with the
Municipal Organization: Act of 1977,, for the annexation of land more particularly
hereinafter described to the City of Fresno, and such annexation proposal has
been designated California.-Minnewawa No.,3 Annexation; and
WHEREAS,* the Fresno Local Agency Formation Commission, on the 24th day of
January, at a duly noticed public hearing, considered all matters relevant to
the proposed annexation and heard all persons interested, on March 2,, 1979 sub-
sequently adopted Resolution No. AC-78--8 -C, "Making Determination and
Approving Proposed California-Minnewawa No..3 Annexation", all at the time and in
the form and manner as prescribed by law; and
WHEREAS, said Fresno Local Agency Formation Commission Resolution No.
AC-78-8-C authorized this Council to conduct the proceedingsfor the annexation
in the manner provided by law; and
WHEREAS, the City of Fresno has formulated and transmitted a fire pro-
tection agreement to the Mid Valley Fire Protection District to provide fire
protection in the event of a fire, as stipulated as a condition of approval in
LAFCO Resolution No. AC-78-8-C; and
WHEREAS, this Council pursuant to Resolution No. 79--137 initiated pro-
ceedings for said proposed annexation and set a hearing on the proposed
annexation for the 29th day of May 1979, at 2:00 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 annexation and of
the time and place for hearing protests or objections to `said annexation has
been published, posted, and mailed in the time, form, and manner required by
law; and
WHEREAS, said hearing duly held by this Council at said time and place
for the hearing of all objections to said proposed annexation; and
1 of 3
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WHEREAS, protests or objections in writing to said annexation
delivered to the Clerk of the.. City of Fresno up to the hour setfor 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
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WHEREAS, at said: hearing and prior to consideration of pretests, Fresno
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Local. Agency Formation Commission's resolution making determinations was
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presented and summarized to this Council; and
WHEREAS,. this Council considered all factors required by law for a
proposed annexation and considered' all testimony, protests and all evidence
presented with respect thereto; and
WHEREAS, this Council determines the proposed annexation constitutes un-
inhabited territory as defined by law and written protests filed and not
withdrawn represented Less than fifty percent (50%) of the assessed value
therein.
NOW, THEREFORE, the Council of the City of Fresno RESOLVES AND ORDERS;
1. The territory within those boundaries described in 'Exhibit "A"
attached hereto and incorporated herein and more particularly depicted upon
the map marked: Exhibit" "13:" attached hereto and. incorporated herein, be and
it is hereby annexed to the City of Fresno.
2. The reasons for this proposed annexation are as follows
a The subject territory is within: the City of Fresno's
Sphere of influence.
b. One owner within the area has expressed a desire to
annex to the City.
ca Annexation of the subject territory to the City of Fresno
will result in improved land use planning, facilitate the
orderly and planned growth of the City and provide municipal
services to said territory. All private development controls
of the City will apply following annexation,
3. This annexation shall be subject to the City of Fresno and Mid
Valley Fire Protection District entering into a fire protection agreement
as required as a condition of LAFCO approval.
2 of 3
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4. Written protests filed and not withdrawn represented less than
fifty percent (50 ) of the assessed value of land therein.
The Clerk of the City of Fresno shall immediately cause to be trans-
mitted to the Executive officer of the Fresno Local Agency Formation Com-
mission a certified copy of this resolution. upon the filing of the appro-
priate documents by the said Executive Officer in the manner prescribed by
law, the annexation shall be completed,
CLERK'S CERTIFICATION
STATE OF CALIFORNIA
CO-uNTY 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 2 9 t h
day of May, 1979
JACQUELINE L. RY
City Clerk
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GAK/EE%pty;>
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qf�RP-SOLUTION
NO. AC-78--8-C
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RECEIVES
MAR 2 0 1979
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REVISED RESOLUTION FOR ) RESOLUTION OF THE
CALIFORNIA-MINNEWAWA # j F`RESNO LOCAL ,AGENCY'
INSPECTION QEP'T.
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ANNEXATION 4NNiNC
FORMATION COMMISSION
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WHEREAS, preliminary proceedings have been initiated by the
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City of Fresno for the proposed "California-Minnewawa #3"
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annexation to the City of Fresno in, the County of Fresno; and
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WHEREAS, the proposed "Cal for,nia-Minnewawa. 43" annexation
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was considered by the Local Agency Formation Commission on
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January 24, 1979, and approved with condition, requiring a City.-
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Fire District agreement requiring the nearest fire station respond
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to any request for fire suppression in the affected territory; and
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WHEREAS,'Aan agreement was prepared. by the City of Fresno and
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agreed to in concept by both the City and Mid --Valley Fire Protection
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District Board that would require the fire distract station.respond
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if within two miles of the affected area and the City station was
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outside the two mile distance; a.nd
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WHEREAS, the Executive Officer, did report to the Commission. at
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their regular public hearing March 2, 1973, the difference between
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the City --District agreement and the Commission condition requiring
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the nearest fire station respond; and
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WHEREAS, the Commission did: consider the City --Fire District
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agreement and the report of the Executive Officer, and were of the
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opinion that the agreement was a move in the right direction and
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should be accepted; and
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WHEREAS, the City of Fresno did indicate at the hearing that
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the Local Agency Formation Commission would also be given 30 days
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written notice of the termination of the agreement and that the
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wording of Section 9 subsection B under Termination of Agreement
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would only apply to any significant reduction of apparatus, equip-
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went, or personnel.
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WHEREAS, a recommendation was made by the Executive Officer to
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revise the condition of Commission Resolution AC--78- 8--B, approving
COUNTY OF 1FRZSMO-
FRESNO, CALtFCli2NIA
i the California-Minnewawa #3" annexation such recommendation con-
2 sldered by the Commission.
3 NOW, THEREFORE, the Local ,Agency Formation Commission of the
4 County of Fresno DOES HEREBY RESOLUTE, DETERMINE, AND ORDER as
5 follows-
6 Section 1. The request to revise the Local. Agency Formation
7 Commission Resolution No. AC-78--8 -B "Californian-Minnewawa #3" is
8 approved, subject to the terms anal conditions hereinafter specified.
9 Section 2. Any resolution of the conducting agency ordering
10 this annexation shall provide that such: reorganization shall. be
11 subject to the following terms and conditions
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COU14TV OF FRjESNo
FRIESNO, CALIFORNIA
lop,"
The City of Fresno and Mid -Valley Fire Protection. District
shall enter into a fire protection agreement as shown in
Exhibit B
Section 3 The boundaries of the territory proposed to be
annexed, as set forth in attached Exhibit A or amended by
condition, are approved.. Sated territory is found to be uninhabited
and is assigned the fallowing distinctive short form designation:
California-Minnewawa #3
Section. 4. The City of Fresno is designated as the conducting
agency and the governing body of said agency is hereby directed: to
initiate annexation 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.
Section 6 The Executive Officer is hereby authorized and
directed to mail certified copies of this resolution to the City
Clerk of the legislative body of the affected city.
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ADOPTED this
2nd day of March 1979 by the following vote:
2
AYES
Howard, Valdez, Donaldson, Levyf Albright
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NOES:
Done
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ABSENT:
Johnson
$
STATE OF CALIFORNIA)
COUNTY OF FRESNp
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I, MARVIN L.
PANTER, Executive Officer of the Local Agency
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Formation commission
certify that the foregoing resolution was
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adapted by the Fresno County Local Agency Formation Commission
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California, at a
regular meeting held on the 2nd_day of March 1979.
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MARVIN L. PANTER, Executive Officer
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COUNTY OF Fk"NQ
FItrn NO. CALIFORNIA
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CALTFORNIA-MINNEWAWA NO.3
AREA TO BE ANNEXED TO THE CITY OF FRESN4
Consisting of Parcel Map NO- 3773 and Portion of Sections 81 T 14 S,
R 21 Er M.I.B. & M.
BEGINNING at a point which is the intersection of the South 'Line of
Lot 124 of Easterby RanchA, as said lot is shown can the map of Easterby
Rancho, filed in the Office of the County Recorder: June 24, 1380 and
recorded. in Volume 2 of Plats at Page 6, Fresno County Record$, and the
Northerly production of the West Line of Parcel Map No, 3773, filed in
the Office of the County Recorder necember 9, 1977 and recorded in
Beak 26 of Parcel Maps at Page 52 of said Fresno County; being also, a
point on the Existing City Limits of the City of Fresno thence
South 04` 36¢ 2711 East .along the Northerly production of the. West Line
of said Parcel Map NO. 3773, and South 00° 36' 2711 East along the West
Line of said Parcel. Map No. 3773, a distance of 2689,.24 feet to the
Southwest corner of said Parcel Map No. 3773; thence South 891, 55' 081,
East along the South Line of said parcel Map ?dot 3773, a distance of
1339 92 feet to the Southeast corr_er of said Parcel. Map No. 3773; thence
North 000 49Y 49°, West, along the East Line of said Parcel. Mcel ap o. 3773,
a.distance of 2658.1.2 feet to the Northeast corner Of said Par
Ma No . 3773 thence South 890 42' 181, West along the. North Lane of said
P productionof
Parcel Map No. 37'73 to the intersection with �e Southerly s
a i»je which is parallel. with and 30.69 feet East of the East Line of the
West three -fourths (3/4) of said Lot 1.24 of Easterby Ranches- thence
Northerly along the Southerly production of a line which is parallel with
and 30.69 feet East of the East Tine of the meat three -fourths (3/4) of
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said: Lot 124 to the intersection with the South Line of said. Lot 124,
being also, a point on the ex. stIng City limits of the City of Fresno,
thence Westerly along the South Line of said Lot 124, being POINT 0 ` BEGINNING. along
alongthe existing City limits of said City to the
Drawing NO*i-A-916
File No. 1886
r contains 2.37 acres
5-31 77 CCfMH APPOV1 D-LAFC
3-14-79 Rev. JN
DATE
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Executive Officar
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FILE N° 1886
ANNEX No
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