Loading...
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 PAGE 1 OF 4 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 PAGE 4 or .4 2 3 4 5 6`. 7 8 14 11 12 13 14 15 1.6 17 18 19 20 2`1 22 23 24 25 25 27 28 29 30 31 32 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. 2' 31 i 4 5 6 7 la 19 20 21 22 23 24 25 28 27 28 29 30 31 32 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. 1. 3 4 5 6 7 8 9 10 11 12 1.3 14 15 16 17 18 19 24 21 22 23 24 25 26 27 28 29 30 31 32 ,"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 GG/JN ' APPROVED -LAF O DAtE PJ590 VEXATION EA 57 BEL-A' y� 14YENUE '4 O� W h� I� tz Z O CENTER '/4 CORNER .Q t� fr,-r�ON i3, T I4 5 , y EA,5T CwURCN Sd. 329.914;' -- 117, S. W . CORNER OF TfIE S. ¢ / OF rmc- N. E. ,4 T t45.,R.ZOE 1001NT OF AF6VNNflVC7 .ti a Fr.75T EUGEYWA AVENUE 1� NORTH _ SCA L E / "= 200 tic W h � J / M NORTH L I NE 05 THE 5 ,"Z LOT 15, RICN44NO .TRACT N 9f'S8' 19'E 11& 07' /971?7' 44. 95' ! 70Z O a: Q � � 44 Q Tr /2 9 D. 4C. Executive Officer EAST ,BFL.6K4Y/A AYfNLJB I "Av ,R 0 Z� 4� 198 S H %4 Of rNE E45r i QYENUE / 445 /2 %EI' /1% m w E45T TDYYER AVENUE LU i I 1 EAST /4 Co�O,fE� T.;45.,iP2oE. N A"'.59' 00 " W EslST BURNS AVENUE ? r- 6 jj JEN5FN - I APL E A/0 / AN'NFX4 TlO N TO THE CITY OF FRESNO AND DETACNINENT FROM MID YALLEi FIRE PROTECTION D157RICT M4 r q, 1179 Exhibit B A & 6RFlkmyy000 -00 NO O - ,M"o -; •' ;;;� d i i' _ 1 r•• -....................... _ r %s _ `' V� • 1 0 J L-1 .:............. .. _ . _ ., .J-1.4�- ........ _ ...... - m • '•'J•.•. . • fx k Oc cti -V • O : 1 �.r� : _ ::::::::_ . . ?C :.:iMq : C� +rr:0!� :sic ti :Cf : '{ SA4 t3' `-iQ::.. L�O.�• ,1 .- - ..... '�►tG• ;• moo............. .- .........-._.....-::": i on-5 cK -a `A.-tw_... .......................... ................._...._.........._..__._......::::::::::::.::::::-: rz •------::::::::- ...... ------ ---- Sir `/.r o in�cG •3 `v2o +- ' .• ^ ! ►+�i..GOQ _ CG2S_'�' 1 " T a a►ctr...a�...o. 1 V l �:; O: IL; - =A X u•+G cir w Yz air 1 %%4- ZA '!"2O zr.•o 1A-a lk A %A. •+L a ..ry d ir -.w -- -:.--:1 A.2 -r/) �r ��. V zv—:� Q1✓T.�.�Ltrs0 LRCM 'T't.+E ►..ut'r V�=-c.Y r \'R� PROTEGTt0�.1 OtST2tGT •TWO . N�tt�xE.D TO -T•.a� GtTY OW FZZHS�.►Q ADOED A-0vas55 sYs-m)A JE�.i5Et�1 - tv1A.pL� u s t DiST�ICT R�ORGAt�t Z,�,�'i Ot`1 � CC��J `.�l rjT \ � 1:� �: 4= 4��-��:.Tt C'�•l':� C��= �F CT1C�►�:5 APPROVED -LAFC O DATE FILE N° t�Go ANNLX No ACRE-S = s i - �s Exhibit. B :1.TE,-1,4AI. i979 E-A- s 90 . z I'- .oe- I