HomeMy WebLinkAboutResolution - City Council - 79-255 - 1979-06-19Ruth Poulter
Amok Hd Bielicki
RESOLUTION No. 7 9 - 2 5
A RESOLUTION OF THE 'COUNCIL OF THE CITY OF F:RESNO,
CALIFORNIA, IN THE MATTER OF THE JENSEN-MAPLE N0,1.
DISTRICT REORGANIZATION ORDERING A REORGANIZATION
TO THE CITY OF FRESNO AND THE MID VALLEY FIRE PRO-
TECTION DISTRICT'.
W11EREAS, proceedings for a reorganization were commenced by the Council
of the City of Fresno pursuant to its Resolution No 79-15r adopted on
January 16, 1979, 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 detach--,
ment of the same territory from the Mid Valley Fire Protection District, such
reorganization proposal had been assigned the short form designation
Jensen -Maple No.l, 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 Commission on :the 9th day
of May 1979, considered all matters relevant to the proposed reorganization
and heard all persons interested therein, and its Resolution No. R.O-79-3-A
"Making Determination and Approving Proposed Jensen -Maple No-1 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-79-3-A authorized this Council to conduct the proceedings for the re-
organization in the manner provided by law; and
WHEREAS, this Council initiated proceedings for said proposed reorganization:
on May 15, 1979, by adopting Resolution No. 79-199, generally entitled a
"Resolution Initiating Proceedings for the Reorganization of the City of Fresno
and the Mid Valley Fire Protection Districts, and set a hearing on the proposed
reorganization for the 19th day of June 1979 at 2. Q5 p.m. in the Council
Chamber, City Mall, 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 published, 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
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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, CoiMty of
Fresno, State of California, and all persons who desired to be heard were heard,
and
WHEREAS, at said hearing and prior to considerationn of protests, the Fresno
Local Agency Formation Commission's resolution making determinations was
presented and summarized to this Council; 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 reorganization con-
stitutes 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 therein,
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 r
is hereby annexed to the City of Fresno and the same: territory is hereby de-
tached from the Mid Valley Eire 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 detach-
ment.
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 will apply following annexation,
b. 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 project is beneficial to the affected governmental processes
and the resultant City and District boundaries.
PAGE; 2 OF
a
e The proposed reorganization requires the annexation of certain
territory to the City of Fresno and the detachment of same territory
from the Mid Valley Fare Protection District.
4. That such reorganization Is made subject to conditions imposed
by the Fresno Local Agency Formation Commission; namely, that
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 480-04-49 and -50f as requested by property
owner, and submission of revised map and legal, approved, by tho County
Assessor's Office, to the Local Agency Formation Commission,
S. That the conditions requiring inclusions of APN 480-120-15 and
APN 480-=030-49 and -50 as requested by the property owners and submission
of a revised map and legal, approved by the County Assessor's Office, to
the Local Agency Formation Commission have been met by the City of Fresno.
6. That LAFCO on. March 2., 1979, approved the form of an agreement
for fire service which the City of Fresno has executed and offered to
enter with, the Mid Valley Fire Protection District. The Council finds that the
City of Fresno has substantially complied with this condition imposed by LAFCO
for provision of fire service to the subject property. The Council determines
that in the event any other agreement is entered into between the City of
Fresno and Mid Valley Fire Protection. District, the territory subject to the
proposed :reorganization shall be subject to the fire protection agreement.
7. Written. protests . filed, and not withdrawn :represented less than fifty
percent (500) of the assessed value of land therein.
8. That a revised map and legal, description consistent with Exhibits "A"
and "B", and: approved by the County Assessor's Office which includes Assessor's
Parcel Numbers 480-120-15, 480--030-49, and -50, have been submitted to the
Fresno Local Agency Formation Commission.
9. 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
S
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 } s
CITY OF FRESNo }
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 19 th day of J une 1979.
JACQUELINE L. RYLE
City Clerk
EL s me
6/14/79
ATTORNEY,
TRr
i
k
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COUNTYOr FRKSNO
FRX3NO. CALIFORNIA
UTION NO. RO-79-3-A
R VOL
jai Ay 21 1 7
REVISING RESOLUTION OF) RESOLUTION OF THE i.
'+SEiicN
"JE�JSEi-MAPLE #1" } FRESNO FOCAL AGENCY11
REORGANIZATION) CI f fR S FORMATION COMMISSION
WHEREAS, preliminary proceedings have been initiated by the
City of Fresno for the proposed "Jensen -Maple #l" reorgan .zatk on 1
to annex to the City of Fresno and detach from raid -Valley Fire
Protection District in the County of Fresno; and {
WHEREAS, the proposed "Jensen -Maple #11' reorganization was
considered by the Local Agency Formation Commission on April. 2
1979, at 3:40 P.M. and approved with condition, and
WHEREAS, on May 2, 1979, the Executive Officer did receive a
request from: an adjacent landowner to revise the Commission's
resolution in order to add a parcel of Land adjacent to the
proposal's affected territory; and
WHEREAS, the Commission did: consider this request at its meetin
on May 9, beginning at 9 :30 A,.N . , to revise their resolution
No. RO- 7 9-- 3 t and
WHEREAS, the Commission did consider all relevant factors and
heard all interested parties wishing to speak on the requested:
revision and
WHEREAS, it was determined by the Commission that the request
should be approved without further notice and hearing in that the
landowner of the affected parcel had given his consent to the
reorganization and
WHEREAS, it was the concern of the Commission that the map and
description showing the requested addition be prepared as quickly
as possible so as to not delay theprocess; and
WHEREAS, it was determined by the Commission that the inclusion
of additional territory would, not add any significant effect to
the environment beyond that addressed in the negative declaration
prepared by the City of Fresno for the subject proposal.
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COU14TY Off MZB?40
"IMN 1 C��II.tFQRMI�i
NOWT 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 #1" , is approved,
subject to terms and conditions hereinafter specified.
Section 2. Any resolution of the conducting agency ordering
this reorganization shall provide that such reorganization shall
be subject to the following terms and conditions
1. 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
2. Amendment of service plan to provide for fire service by
the Mid -Valley Fire Protection District, as per city/district fare
district agreement.
3. Inclusion of APN 4 80--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
Commission.
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
Jensen --;Maple #1. j
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
-resolutio
;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.
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,"NOV MAMMA
Suction 6. The Executive officer is hereby authorized and
directed to mail ccertified'copies of this resolution as provided
in Section 56272 of the Government Code
ADOPTED this 9th day of May 1979 by the following vote
AYES: Howard, Valdez, Donaldson, Johnson, Albright
NOES: None
ABSENT: None
STATE OF CALIFORNIA}
COUNTY OF FRESNO }
I, MARVIN L. PANTER, Executive Officer of the Local Agency
Formation Commission certify that the foregoing resolution was
adopted by the Fresno County Local Agency Formation Commission,
Californian at a special meeting meld on the 9th 'day of May 1979.
A d tt{t�
MARVIN L. PANTER, Executive officer
,JENSEN MALE NO.
I3EXATION TO THE CITY OF FRE
a
AND
DETACHMENT FROM MID VALLEY FIRE PROTECTION DISTRICT
May _10, 1979
LEGAL DESCRIPTION
The Northwest 1/4.of the Northeast 1/4 of the Southeast :1/4 of,Section 13
Township 14 South, Range 20 East, M. .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 396:0 feet of Lot 15 of,
Richland 'Tract according to the map thereof recorded in Book-4 Page 2$ of Plats,
Fresno County. Records. Said Parcel is.also described as follows:
FEGININK LTG at the Southwest corner of the Southeast 1/4 of the Northeast
1/4 of said Section 13; thence N 89° 59' 25" E, along the South line of the
said Section 13 hero also'orlon the existing City limits
I3orthe,asL 1/4 of , g g g Y_
of the City of Fresno, a. distance of 254.00 feet to the intersection with a
line which is parallel -with and 254.00 feet East of the'West line of said
Lot 15 of Richland Tract, thence N 00' 17' 17 ' E along a line whicb is
parallel With . and 254.00 feet East of the *West line of said Lot 15 of Xichl.and
Tract being also along the existing City -limits of the'City of Fresno,
a distance of 664.80 feet to a point on the-Narth lane of the South 1/2
of said Lot 15; thence N 89°,58' 1.9" E. aloha the worth line of
the South 1/2 of said Lot 15, a distance of 198.07 feet to the Northwest corner
of the East 1.98.00 feet of the South 1/2 of said Lot 15, thence S 00° 171 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 5 89a 59' 25" W, 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 l/4 of the Southeast 1/4 of the
Northeast 1/4 of said Section 13; 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" l./4 of said Section 13
thence N 89* 59' 00" V, along said South line, a distance of 445.12 feet;
thence N 00' 19' 13" E, along the West line of the Northwest 1/4 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.
AFRR 0 ,
D_AT
Ref : D 78090
D.E.W. MARVIN L.
T
Executive Officer ,
s JENSEN-MAPLE N3. l
DISTRICT REORGANIZATION
Area to be detached from the Mid Valley Fire Protection District and Annexed to
the City of Fresno.
Consisting of a portion of the South Half of Section 13 and a ,portion of the
Northwest Quarter of the Northeast Quarter of Section 24, 'T1.4S, R20E, m.A,B.&M.
SEGTNNZNG can the East line of the West Ralf of Section. 24, Township 1.4 South,
Range 20 East, Mount Diablo Base and. Meridian according to Official United
States. Pl.at:s p 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 time Northwest Quarter of the Northeast Quarter of said Section 24, being also
the southeast corner of the Southwest Quarter of the Southeast Quintet 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
carnet of the Southwest Quarter!~ of the Southeast Quarter of said Section 13r
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 lane of the
West Half of the Southeast Quarter of the Southwest Quarter of said Section 13,
being also along the existing City Lim its_ f the City of Fresno,. to the inter-
section with a line which is 612.48 feet Kurth of, and parallel to, the South
line of ' s aid Section 231; thence Easterly along said line which is 612.48 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 lire which is 428.48
feet North of, and paral.l.el., 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
coiner 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 23,04 feet to the POINT OF BEG'CMING.
Drawing No. 6 -A-- 399
File No., 1960
Contains 31.68 acres
1/4/79
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AN'NFX4 TlO N TO THE CITY OF FRESNO AND
DETACNINENT FROM MID YALLEi FIRE PROTECTION D157RICT
M4 r q, 1179
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