HomeMy WebLinkAboutResolution - City Council - 79-277 - 1979-07-034�-
s,
Ruth Poulter
s Ed Bielicki
RESOLUTION NO. 79-277
RESOLUTION INITIATING PROCEEDINGS FOR THE ANNEXATION
OF UNINHABITED TERRITORY TO THE CITY OF FRESNO DESCRIBED
HEREIN AND DESIGNATED AS THE PROPOSED HERRTDON--MARKS NO.4
ANNEXATION, SETTING THE TIME,, DATE, AND.PLACE FOR HEARING
PROTESTS THERETO, AND GIVING NOTICE 'THEREOF.
WHEREAS, proceedings for a proposed annexation were commenced by the City
of Fresno pursuant to its Resolution of Application Resolution No. 78-488
adopted on October 31, 1978, all in accordance with the Municipal Annexation Act
of 1977; beginning with Section 35000 of the Government Code: and
WHEREAS, the Fresno Local Agency Formation Commission did on the 28th day of
February, 1979, meet at the noticed time and place to consider all matters relevant
to the proposed annexation and to hear all persons interested therein; and
WHEREAS, at the time and place fixed for hearing before said Local Agency
Formation Commission, said. Commission adopted its Resolution No. AC-78-11, a cop -
of which is attached hereto and identified as Exhibit "A.", making determinations
and approving the proposed Herndon -Marks No.4 Annexation to the City of Fresno on
February 28, 1979 all at the time and in the form and manner as prescribed by law; 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 bonding indebtedness
incurred by the City prior to the effective date of such annexation; upon com-
pletion of the annexation 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. That proceedings be, and: they are hereby, initiated for the proposed
Herndon -Marks No.4 Annexation as described in attached Exhibit "B" and graphically
depicted upon the map marked Exhibit "C", and incorporated herein as set forth in
full by these references.
2. All of the subject territory affected is within the County of Fresno.
3. For the purpose of the proposed annexation, the subject territory is
found to be uninhabited.
4. That the reasons for this proposed annexation are as follows
Page 1 of 3 Pages
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a. 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.
b. The subject territory is within the City of Fresno°s Sphere of
Influence.
c. Property owners within the area have expressed a desire to annex
to the City,
5. That such annexation shall be subject to the conditions imposed by the
Vocal Agency Formation Commission; namely, the inclusion of APN 305--231-13 and
adjacent road and canal right--of--way. Prior to further City Proceedings, an amended
map and legal description, approved by the County Assessor's office be submitted to
the Fresno Local Agency Formation. Commission in accordance with the condition
stipulated in LAFCO Resolution No. AC--7 3--11. adopted February 28, 1979.
6. That the Condition of Approval imposed by the Fresno Local, Agency Formation
Commission, as indicated in Item No.5 above, has been complied with by the City of
Fresno.
That August 7, 1979, at 2:05 p.m., in the Council Chamber, City
Hall, 2326 Fresno Street, Fresno, California_, which date is not less than fifteen
(115) days nor more than sixty (60) days after the date of adoption of this
Resolution, be, and is hereby, established as the time, date, and place of hearing
on the proposed: annexation:, at which time and place any interested person desiring
to protest said annexation shall do 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.
B. That 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 District, City and: County, said publication to be commenced at least
fifteen (15) days prior to the date specified herein for hearing, with at least
five (5) days intervening between the respective publication dates, not counting
such publication dates-
Page 2 of 3 Pages
s
9. That the Clerk Call 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 (15) days prior to the date specified herein for hearing
and continue to the time of said hearing.
10That the Clerk shall further cause notice to be mailed to each person
to whom land is assessed, as shown on the last equalized assessment roll of the
County, at the address shoran upon such assessment roll and owning land within the
subject territory and to all other affected cities or districts, if any, which
have filed a written request for such notice, said mailing to be by first class
mail, postage prepaid, at least fifteen days prior to the day specified herein for
hearing.
111. That the Clerk be, and is hereby, instructed to forward a copy of this
Resolution to the Executive Officer of the Fresno Local 'Agency Formation Commission.
CLERK'S CERTIFICATION
STATE OF CALIFORNIA
COUNTY OF FRESNO } ss
CITY OF FRESNC? )
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 3rd day of July , 1979.
JACQUELINE L. RYLE
City Clerk
' By% t
BL : ak
6--6-1979
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Page 3 of 3 Pages
RESOLUTION NO. AC--78-11
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MAKING DETERMINATION AND APPROVING] RESOLUTION OF THE
PROPOSED "HERNDON•-MARKS # 4" ) FR.ESNO LOCAL AGENCY
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ANNEXATION TO CITY OF FRESNC3 } FORMATION COMMISSION
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WHEREAS, preliminary proceedings have been initiated by the
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City of Fresno to annex certain territory to the City of Fresno
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in the County of Fresno, and
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WHEREAS, an application for said proposal has been accepted
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for filing by the Executive Officer of this Local Agency Formation
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Commission pursuant to Title 4, Division 2, Chapter 2 of the
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Government Code and
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WHEREAS, said application was set for hearing by the Executive
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Officer on the 28th day of February 1979, at the hour of 2:40 P.M.
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of said day; and
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WHEREAS, notice of the hearing of said application was duly
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given by mail, posting, and newspaper publication as required by;;
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law; and
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WHEREAS, the Executive Officer has reviewed said application
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and prepared a report, including his recommendations thereon, said
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application and report having been presented to and considered by
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this Commission; and
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WHEREAS, this Commission has considered all relevant factors
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and heard all interested parties wishing to speak on said
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application, and
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WHEREAS, a negative declaration of environmental impact had
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been prepared and properly noticed by the City staff and said
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negative declaration was considered by the Commission.
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NOW, THEREFORE, BE IT RESOLVED that the. Loc4l Agency Formation
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Commission of the County of Fresno does HEREBY RESOLVE, DETERMINE
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AND ORDER as follows:
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Section 1. This Commission certifies it has reviewed and:
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considered the negative declaration. The Commission has also
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found that the proposed inclusion will have no environmental
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impact beyond that addressed in the information submitted in the
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environmental finding for the proposal.
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Section 2 Said proposal is approved subject to the terms and
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conditions hereinafter specified.
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Section 3. Any resolution of the conducting agency ordering
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this annexation shall provide that such annexation shall be
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subject to the following terms and conditions:
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1. Inclusion of APN 305-231-13 and adjacent road and canal
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right of way. Priortofurther City proceedings, an amended map
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and description, approved by the County Assessor's Office, be
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submitted to the Local Agency Formation Commission.
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Section. 4. The boundaries of the territory proposed to be
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annexed, as set Forth in attached Exhibit A and as amended by
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condition, are approved. Said territory is found to be uninhabited
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and is assigned the following distinctive short form designation:
1$
Herndon -Marks #4. ,
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Section 5.. The City of Fresno is designated as the conducting
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agency and the governing body of said agency is.hereby directed
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to initiate annexation proceedings in compliance with.this
20
resolution.
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Section 6. Further proceedings shall be initiated, conducted,
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and completed pursuant to required law. Proceedings and any
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resolution of approval shall comply with the Commission .resolution
24 of approval
25 Section 7. The Executive Officer is hereby authorized and:
26 directed. to :mail. certified. copies of this resolution to the City
27 Clerk of the legislative body of the affected city.
28
COUNTY of FRZXN*
FRIEENO. CALIFORNIA
1
ADOPTED this 28th day of February 1979 by the following vote:
AYES: Donaldson, Valdez, Howard., Johnson, Albright
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NOES: None
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ABSENT: None
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STATE OF CALIFORNIA}
COUNTY OF FRESNQ
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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,
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California, at a regular meeting held on the 28th day of
February 1979.
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nVr-
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MARVIN L. PANTER, Executive Officer
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COUNTY or F RSSHO
FRESNO, CALIFORNIA
AP R
D T
HERNDON-MARKS NO. 4 Executive
Annexation to the City of Fresno
PART I Consisting of Parcels 'A' and 'D' of Parcel Map No. 2156; a portion of the
Southwest Quarter of Section 36, T. 12 S., R-19 E., Mount Diablo Base and Meridian,
portion of Bullard Lands Irrigated. Subdivision No.S
BEGINNING at the intersection of the Southerly right--of--way of West Herndon
Avenue, with a line which is parallel with and 12.00 feet West of the East Line of
the Southwest Quarter of Section 36, Township 12 South, Range 1.9 East, M.D.B.& M.,
as said Section is shown on the United States Township Plats, being also, a point
on the existing City Limits of the City of Fresno; thence North 10 22' 20" West,
parallel with and. 12.00 feet West of the East line of the Southwest Quarter of
said Section 36, being also, along the existing City Limits of said City, a
distance of 880 feet, more or less, to the intersection with the South sine of
Parcel 'B' of Parcel Map No. 2156, as said Parcel 'B' is shown on Pa.rcel:. Map
No. 2156, filed in the Office of the County Recorder in Book 13 at Page 80, of
Parcel baps, Fresno County Records; thence South 890 21' 00" West, along the South
line of said Parcel 'B', being also along the existing City Limits of said City,
a distance of 668..00 feet to the Southwesterly corner of said Parcel 'BB', thence
North 10 22' 20" West, along the Westerly line of said Parcel 'B', being also the
existing City Limits of said City, a distance of 3,51.11 feet to the :intersection
with the Southerly line of Parcel 'C' of said Parcel Map No. 21.56, thence
South 860 51' 40 West along the Southerly line of said Parcel 'C', being also,
along the existing City Limits of said City, a distance of 1,120.43 feet to the
Southwesterly corner of said Parcel 'C'; thence North 10 22' 20" West along the
Westerly line of said Parcel. 'C', being also, along the existing City Limits of
said City, a distance of 369.34 feet to the Northwesterly corner of said Parcel
'C'; said corner, being also, a point on the South line of Lot 32 of San Joaquin
Country Club Estates No.2, as said lot is shown on the Map of San Joaquin Country
Club Estates No.2, filed in the Office of the County` Recorder September 25,`1975,
and recorded in Volume 29 of Plats at Pages 56 to 59, inclusive of said County
records; thence Westerly along the South lines of Lots 32 to 33 and 42 to 46,
inclusive, of said San Joaquin Country Club Estates No. 2, and along the Westerly,
production of the South line of said Lot 46, to the intersection with the East
line of Section 35 Township 12 South, Range 19 East, M.D.B.& M., as said Section
is shown on the United States Township Plats; being also, a point on the existing
City Limits of the City of Fresno; thence South 10 02' 19" East, along the East
line of said Section 35, being also, along the existing City Limits of said City,
a distance of 1,897.47 feet to the Southeast corner of said Section 35; thence
continuing South 10 02' 19" East, along the Southerly production of the East line
of said Section 35, being ,also, along the existing City Limits of said City to
the intersection with the North line of Lot 519 of Bullard Lands Irrigated Sub-
division No.6, as said lot is shown on the Map of Bullard Lands Irrigated Sub-
division No.6, filed in the Office of the County Recorder May 25 1917 and
recorded in Volume 8 of Plats at Pages 25 and 26 of said County records; thence
Easterly along the North lines of Lots 519 to 512, inclusive, being also, along
the existing City Limits of said City to a point which is 322.00 feet West of
the Southerly production of the East line of the Southwest Quarter of said
Section 36; thence Easterly along the Southerly right-of-way line of West
Herndon Avenue, across Lots 512 to 511 of said Bullard Lands irrigated Sub-
division No.6, being also, along the existing City Limits of said City to the
Point of Beginning.
Containing 75.71 acres a little more or less.
PART II Consisting of that Portion of Lot 126 of Country Villa Estates N0.2,
Tract No. 1744 and that portion of Section 36, Township 12 South, Range 19 East,
Mount Diablo Base and Meridian, along with a portion of Section 1, Township 13
South, Range 19 East, Mount Diablo Base and Meridian, described as follows:
BEGINNING at the intersection of the Southerly right-of-way ,line of West =Herndon
Avenue, with a line which is parallel with and 30.00 feet East of the East Line
of the Southwest Quarter of Section; 36, Township 12 South, mange: 19 East, Mount
Diablo Base and Meridian, as said Section is shown on the United States Town-
ship Plats, being also, a point on the existing City Limits of the City of
Fresno; thence North la 22' 20" West, parallel with the East Line of the South--
west Quarter of said Section 36 being also along the existing I
City Limits of
the City of Fresno to the Northwest corner of Lot 126 of Country Villa Estates
g
HERNDON-MARKS NO.4 ANNEXATION
PART- II
No. 2, Tract No. 1744, as shown on the Map thereof recorded in Book. 20 of
Plats at Page 88, Fresno County Records; thence leaving said existing City
Limits Line North 890 09' 30`° East, along the North 'line of said Lot 126,
665.00 feet to the Northeast corner thereof thence South 10 221 201, East,
along the Ease line of said Lot 126, 261.67 feet; thence South 880 37' 401, nest,
24.00 feet; thence South la 22' 20" East, 371.68 feet; thence South. 890 33, 00"
Writ, 26.00 feet; thence South 10 224 20" East, to -the Southerly right -of --way
lane of West Herndon Avenue; said point, being also, on the existing City Limits
of the City of Fresno; thence Westerly along the said Southerly right--of-gray
line of West Herndon Avenue, being also, along the existing City Limits of
said City to the Point of Beginning.
Containing 13.05 acres a little more or less.
Total Project Acreage - 88.76
Drawing No. 6-A-942
File No. 1912
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APPR VED -LAM I
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�-:-----���� AT E
{•- :.:..:•:•:•� MARV: N L.
Executive Ofi:Cer
R E �a T o I3 41y1YEXr0 i0 THE CITY OF rRE'S/YO
s,vE�r
�1 -7?E' N S-'? r 7 9
2 - /4 - 79
FILE No JV1.2
HEPKIDON - MARKS NO.4 4JNEVJION ANNEX N °
PARCELS'A` AND "D" 0= PARCEL MAP NO. 215(oPOR. OF SEC. I ACRES = 88.76 13/I9 ) M.D. B. U. � �
�r , PbR.OF SW SEC.3�,, 12/19) M D.B. M., POR.
OF 13= LARD LNNC� IRRIGATCD S(JBDIVISICW wo. G, AND LOT DR. BY.
12(o OF COUNTRY VILLA ESTATES N0.2 I TRACT NO. 1-744 . DATE 6—A—SCALE:___1 yJn'
LOCUST AVENUE
104 103 ir` Z 101
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APP O V D- LA - C j
LEGEND ATE _N_
.. BATE
L. PAi'%,'i L.1
EXISTING
'•'•.:.� CITY AREA Executive Officer
• • .. AREA TO BE ANNEXED TO THE CITY OF FRE 5N•
ADDED ADDRESS SYSTEM SHEET 2 OF 2
FILE N° 1912
HERNDON - MARKS NO.4 AWNIEXATION ANNEX No
PARCELS "A" AND 'b" OF PARCEL MAP NO. 215G , POR. OF SEC. 1, ACRES =
13/19 , M.D. B. f 0.1 POR. OF S.W V4 SEC, 36) I2/19, M.D.B. M. , POR. 88.76
OF BULLARD LAWS IRRIGATED --
1210 OF COW4TRY VILLA ESTATES N0.21 TRIACT O. 1•744 Lar DR. BY.
DATE= _MNY, t979 6r.A_ 942
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