HomeMy WebLinkAboutResolution - City Council - 79-301 - 1979-07-17.k r
Ruth Poultar
Ed Blellckl*
RESOLUTION No. 79 - 30
A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNC,
CALIFORNIA, IN THE MATTER OF THE SHIELDS ---MAPLE NO.
2 DISTRICT REORGANIZATION ORDERING A, REORGANIZATION
TO THE CITY OF FRESNO AND THE MID VALLEY FIREPRO-
TECTION DISTRICT
WHEREAS, proceedings fora reorganization. were commenced by the Council
of the City of Fresno pursuant to its Resolution No '78-27 adopted on July
18, 1978, being a. resolut qn 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 detachment of the
same territory from the Mid Valley Fire Protection District, such reorganiza-
tion pr000sal, had been assigned the short form designation Shields --Maple No 2,
the boundaries of which are hereinafter more particularly described; and
WHEREA5 subsequent to the filing of said resolution of application with
the Fresno Local Agency Formation Commission:, said Commission on the 28th dale of
February, 1979, considered all matters relevant to the proposed reorganization
and heard all persons interested therein, and its Resolution No, RQ-78-25 "Making
Determination and Approving Proposed Shields-May.a.e Not 2 Reorganization" all
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at the time and in the, farm and manner as prescribed by 'law; and
WHEREAS said Fresno Local Agency Formation Commission Resolution No, RCS..
78-25--A authorized this Council to conduct the proceedings for the reorganization
in the manner provided by law; and
WHEREAS, the Council initiated proceedings for said proposed reorganization
on June 12, 1979, by adopting Resolution No. 79-242 generally entitled a. "Resoiu.
Lion Initiating Proceedings for the Reorganization of the City of Fresno and the
Mid Valley Fire Protection: District" and set a hearing on the ,proposed reorgani-
zation for the 17th day of July, 1979, at 2:05 p.m., in the Council Chamber, City
Hall, 2326 Fresno Street, Fresno, California, 93721 and
WHEREAS, the `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 pub-
lished, posted, and mailed in the time, form, and manner required by law. and
WHEREAS, said hearing was duly held by the Council at said time and place
for the hearing of all objections to said proposed reorganization; and
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
Page l of 3
considered and said protests or objections in writing are can file and of record
in the office of the Clergy, of the City of Fresno, County of Fresno, State of
California, and all persons who desired to be heard were heard; and
WHEREAS, at said hearing and prior to consideration of protests, the Fresno
Local Agency Formation Commission's resolution making determinations was pre-
sented and summarized to this Council; and
WHEREAS, the Council considered all fasters required by law for a proposed.
reorganization and considered all testimony, protests and all evidence presented
with respect thereto; and
WHEREAS, the Council determines that the proposed reorganization constitutes
inhabitehd, territory as defined by law and that 'written protest filed and not with-
drawn represent less than twenty-five percent (25%) of the number of landowners
within all territory proposed to be annexed or detached, owning not more than
twenty --five percent (25%) of the assessed value of land therein and less than
twenty-five _percent (25%) of the voting power of votes entitled to vote as a
result of residing within or ;awning land within such territory; and
WAEREA, pursuant to Fresno Municipal Code Section 2-208 the subject terri-
tory is allocated to the McLane Council District No. 4.
NOW, THEREFORE, BE IT RESOLVED by the Council ofthe City of Fresno as fol--
lows'.
I. The territory within those boundaries described in Exhibit "A"
attached hereto and incorporated herein by reference and more parti-
cularly depicted upon the map marked Exhibit " " attached hereto
and incorporated herein by reference, is hereby annexed to the City
of Fresno and the same territory is hereby detached from. the Mid
Valley Fire 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 emitted from or included within said proposed
annexation and detachment,
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 develop-
ment controls of the City will apply fallowing annexation.
b. The subject territory is within the City of Fresno's Sphere
of Influence.
Page 2 of
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.
e. The proposed reorganization requires the annexation of cer-
tain territory to the City of Fresno and the detachment of >same
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territory from the Mid valley Fire protection District.
4. Written protest filed and not withdrawn repxesent less than
percent 25Q of the e of '
� twenty-five P { 3 h umk� r landowners within all
territory proposed to be annexed or detached, owning not more than
twenty-five percent (25 o) of the assessed value of land therein
and less than twenty-five percent (25%) of the voting power of
votes entitled to vote as a result of residing within or owning
land within such. territory.
5 That a revised map and legal description consistent with Exhibit "A"
and approved by the County Assessor's Office which includes Assessor's
Parcel: Numbers 438-200-19, 20 447-042-06--07, ` 447-050- 08-17, l8 f 23
32, 33 34, 35 have been submitted to the Fresno Local Agency Forma-
tion Commission
6. The Clerk of the City of Fresno shall immediately cause to be
transmitted to the Executive Officer of the Fresno Local agency Forma-
tion Commission a cerrzfed copy of this resolution. Upon the 'filing of
the appropriate documents by the said Executive Officer in the manner
prescribed by law, the reorganization shall be completed.
IT IS FURTHER RESOLVED, by the Council of the City of Fresno, that the sub-
ject territory designated as the Shields -Maple No. 2 District Reorganization, de-
scribed in said Exhibit "A" and depicted on said Exhibit "B", be and is hereby
allocated to the McLane Council District No. 4
CLERK'S CERTIFICATION
STATE OF CALIFORNIA }
COUNTY OF FRESNO ) ss
CITY OF FRESNO
I, JACQUELINE L. RYLE, City Clerk of the City of Fresno, certify that the
foregoing resolution was adapted by the Council: of the City of Fresno, California,
at a regular meeting held. on the 17 t h day of July , 1979.
JACQUELINE L. R.YLE
G,tTty City Clerk
7/6/79 Page"3 of 3
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LUTION NG. RO--78-25-A
REVISING RESOLUTION FOR} RESOLIITIGNN OF THE
"SHIELDS -MAPLE #2'1}' FI21✓Sh10 LOCAL 11UEINC1Y
REORGANIZATION FORMATION ' COMMISSION
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WHEREAS, preliminary proceedings have been initiated by the
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City of Fresno for the proposed "Shields --Maple. #2" reorganization
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to annex to the City of Fresno and detach from Mid -Valley Fire
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Protection.Distrct in, the: County of Fresno; and
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WHEREAS, the proposed "Shields -Maple #21" reorganization was
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considered by the Local Agency Formtion Commission on November 29
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197 , at 2:00 'P.M and approved with condition; and..
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WHEREAS, subsequent to said approval., the Ex cutiire Officer
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did make a request to revise the reecommendation of approval is
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order to removea problem with the proposal boundaries by adding
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additional territory 'to `the proposal; and
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WHEREAS" the Con►missian`did set for hearing on February 2$, 1979,
36
at 2.10 P.M, the proposal to consider revising their previous
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resolution of approval, to amend the proposal boundaries to include
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additional territory; and
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WHEREAS,,.a notice of the hearing for the revision was duly given
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by mail to 'affected landowners, posting and newspaper publication
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as required by law; and
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WHEREAS, the Executive Officer prepared an addendum report on
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the proposed revision including his recommendation to include all
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that territory to the east extending to Sierra Vista Avenue, said
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report being presented to and considered by this Commission, and
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WHEREAS, this Commission dial consider all relevant factors
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and heard all interested parties wishing to speak on said revision;
28 -and
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WHEREAS, it was determined by the Commission that the inclusion �
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of additional, territory would not add any significant effect` to the
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environment beyond that addressed in the negative declaration
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prepared by the City of Fresno for the subject proposal.
COUNTY OF IrkesNO
RESNO, CALIFORNM
NOW, TIJERUORE, the Local Agency Formatio11 Commission of the
2
County of Fresno DOES HEREBY RESOLVE, DETERMINE AND ORDER as
3
follows
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Section 1. The request to revise the Local Agency Formation
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Commission Resolution. NO. RC-7 -.25 :Shields -Nagle #2" is approved,
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subject to terms and conditions hereinafter specified.
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Section 2 Any resolution of the conducting agency ordering
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this reorganization -shall Provide that such reorganization sh ' ll
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be subject to the following terms and conditions
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1. Inclusion of APN 447-05-8{ 17j 18r 23: 32, 33, 341 35
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and a revised reap and legal description, approved by the Count
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Assessor's office, subiraitted to the Local Agency Formation
on
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Commission prior to further proceedings,
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Sect ion 3. The boundaries es of the territory proposed to be
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reorganized, as set forth in a-ttacfied exhibit A ajlc: amended by
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condition, are approved.' _ Said territory' 'a found to be - inhabited
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and is assigned the following distinctive short fox m designation`:_
1$
Shields -Maple #2,6
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Section 4. The City o:: Fresno is designated as the conducting
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agency and the governing body of said ardency is hereby directed to
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initiate 1--eOr anization proceedings in compliance with this
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resol.tion
Section 5. Further proceedings shall be initiated; conducted,
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and completad pursuant to required law. Proceedings Arid any
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resolution of approval shall corngly with the Conmz-sign resolution
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of approval.
Section 6, The Executive Officer is hereby authorized and
8
directed to mail certified copies of this re' clutiQn as ro�ride+d
p
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in Section 56272 of the Government Code.
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COUNTY Q1� RR�i►NO
EVN0, CA LJFOEiN1A
s
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ADOPTED this 2 8 th day of February 1979 by the following Grote .`
AYES Donaldson, Valdez, Howard Johnson.. Albright
3
NOES None
ABSENT: None
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STATE OF CALIFORNIA)-
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COUNTY OF .FRESNO }
I, MARVIN L. PANTER, Executive Officer of the Local Agency
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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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MARVIN .L.' PANTER, Executive Officer
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COUNTY Cr RRIBNO
-RESNO. CAILWORNIA
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SHIELDS -MAPLE NCB. 2
DISTRICT REORGANIZATION
AREA TO BE DETACHED FROM THE MID VALLEY FIRE PROTECTION DISTRICT AND RNNEXED TO
THE CITY OF FRESNO
PARC EL "Ar consists of Lots l and 2, and portion of Lot 3 of Tatham Country Homes;
portions of Lots 63 and 67 of Scandinavian Colony lying in Sections 24 and 25,,
a
T13S4 R20E, M.D.B.- & M.
BEGINNING at a paint on the South line of Section 24, Township 13 South, Range
20 East, Mount Diablo Base and Meridian, as said Section is shown on the United
States Township Plats, said point 'being 165.00 feet West of the East line of the
West 1alf of said Section 24, being also, a point on the existing City Limits of
the City of Fresno, thence Northerly, along a line whichis 165.00 feet West of,
and parallel with, the East line of the West half of said Section 24, being also,
along the existing City Limits, to :the intersection with a line which is 175.00
feet ].North of, and parallel with., the. South line of said Section 24; thence Easterly a
along said line which is 175.00 feet North of, and parallel with, the South'I±ne
of said Section 24, being also, along the said existing 'City Limits, to the iziter- ;
section with the East line of the West Half of said Section 24; thence Southerly
along the East line of the West Half of said Section 24,,being also,, along the
said existing City Limits, to the South Quarter corner ;of said Section 24; thence
Easterly along the South line of said Section 24, being also, along.the said
existing City` Limits to the intersection with a luxe which is 165.00 feet East
of, and parallel with, the East line of the Nest Half of Section 25, Township 13
South., Range 20 East, :Mount Diable B. and M. as sa d`5ection is shown on the
United States Township Plats; thence Southerly along said line which. is 165.00
feet East of, and parallel with, the East line of the West Half of said Section
25 being also, alo ng the said existing City Limits, a distance of 50.00 feet;
thence Easterly, parallel with the North line of said Section 25, being also,
parallel with and 20.00 feet South of the North line of Lot 63, of Scandinavian
Colony, as said Lot is' shown on the map of Scandinavian Colony, filed in the Office
of the County Recorder November 21 1878, and recorded in Volume 2 of Plats at
Page, 3, Fresno County Records, being also, along the existing City Limits of
said City to the intersection with the. East line of said Lot 63 thence :Southerly,
along the East line of said Lot 63, being also, along the existing City Limits
of said City, to a:point which is 300.00 feet South, of the Northeast corner ;of
said Lot 63; thence Westerly, parallel with the North line of said Lot 63, being
also, along the existing City Limits of said City a di
etance of 385.20 feet;
thence Southerly, parallel with the West line of the East Half of said Lot-63,.
being also, along the existing City Limits of said, City, a distance of 41.71 feet„
thence Westerly, parallel with the North line of said Lot 63, being also,, along
the -existing City limits of said City, to the intersection with "the West line of
the East Half 'of said, Lot 63; thence Southerly, along the West line of the East
Half.of said Lot 63, being also, along the existing City Limits of said City, a
distance of 152.14 feet to a point which is 140.00 feet North of the Southeast
corner of the West Half of said Lot 63; thence North 890,451 0011 West, parall:ei
with and 140.00 feet North of the South line of said Lot 63, a distance of 456..00
feet', thence North .800 011 11" Nest, a distance of 53.16 feet; thence North 890 454
OQ" test, a distance of 132.50 feet to the East line of the West half of said
section 25, thence Northerly along .the East line of the West Half of said Section
25 to the intersection with the Easterly production of the South line of Lot 'I
of Tatham' Country Hordes;, as said lot is shown on the mapof Tatham Country Homes,
filed in the Office of the County Recorder June 19, 1946, and recorded in Volume
13 of Plats, at Page 3, Fresno County Records; thence Westerly along the Easterly
production of the South line of said Lot I, and continuing Westerly along the
South lines of Lots 1, to 31 inclusive., of said Tatham Country Homes to.a point
which is 25.00 feet Vlest of the Southeast corner of said Lot-3- said point, being
also, on the existing City Limits of the City of Fresno;` thence Nortfiezly, parallel
with and 25.00 feet West of the East line of said Lot 3, being also along the
existing City Limits of the City of Fresno to the intersection with, the South line
of said Section 24 thence Easterly, along the South Line of said Section'24,,being
also, along the existing City Limits of ,said: City, to the POINT OF BEGINNING,
13.01 Acres
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E . MICH IGAN A vE.
L f ac/vo \1
Exls-rwG CITY AREA DATE
APEA To BE DETACHED FvoAl THE M/D VAL.d_E: Y F,,�,E Ececufiw@ Ct :C21'
PRO TEC710N QIsTR/CT A/YQ A vv c,<El.7 -,,n THE G ry gF'F^E��NO
"•�XHTB`X� 13" -
Rr visi,o .3-1d -79
A DDrFD A DDRES5 SYSTEM. REvisEO /-B -79
FILE N° i94o
SN/E L_os — MAPLE NO. z ANNEX No
-- ACRES = /6. 42:r
/STRICT 0.:jGANIZA-rJOM
LOTS /-2 , PORT. L07,7 TATPA M COUNTRY f/O,MES DA EJ �•
DATE:S _J�4N _49_7�.
PORT OF LOTS 63, 66, 67 56AIYDINAVIA N COEONY sca�E /'�-24� 6--A-- - �q
lag
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SUMMARY
FRESNO LOCAL AGENCY FORMATION COMMISSION
RESOLUTION No. RO-- 78-- 25 -A
1. The resolution indicates that:
on November 29, 1978 the Commission by its Resolution No RO-- 8-25
considered and approved with conditions the proposed Shields --Maple
No. 2 District Reorganization to annex certain territory to the City
of Fresno and to detach, the same area from the .Mid Valley Fire
Protection;°, District.
2. an February 28, 1979 the Commission by its Resolution No. RO-78-25-A
considered approved the subject proposal, and also amended LAFC0
Resolution No. RO--78--25 subject to the following conditions;
a. Inclusion of .APN 447-05-80 17, 18, 23, 32k 33, 34, 35 and: e
revised map and: legal description:, approved by the County Assessor's
Officer submitted to the Local agency Formation Commission prior to
further proceedings.
b 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 inaabited and is assigned
the following distinctive short form designation: Shields -Maple #2.
c. The City of Fresno is designated as, the conducting agency and the
governing body of said agency is hereby directed. to initiate re-
organization proceedings in compliance with this resolution.
3. 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- approvCl}
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