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HomeMy WebLinkAboutResolution - City Council - 79-340 - 1979-08-21Erb Biel is# RESOLUTIONNo. 7 ` 3 4 #3 RESOLUTION INITIATING PROCEEDINGS FOR THE REORGANIZATION OF THE. CITY OF FRESNO AND THE MID VALLEY FIRE PROTECTION DIS- TRICT, INVOLVING UNINHABITED TERRITORY DESCRIBED HEREIN AND DESIGNATED AS THE PROPOSED HERNDON-FRESNO NI O.. 1-C DISTRICT REORGANIZATION, SETTING THE TIME, DATE,,.AND PLACE FOR HEAR- ING PROTESTS THERETO, AND GIVING `NOTICE THEREOF WHEREAS, proceedings for a proposed reorganization were commenced by the City of Fresno pursuant to its Resolution of Application Resolution No. 79-38 adapted on January 30, 1979; and WHEREAS, the Fresno Local Agency Formation Commission did on. the 25th day C of April, 1979, meet at the noticed time and place to consider all matters relevant to the proposed reorganization and to hear all persons interested therein. - and WHEREAS, at the time and place fixed for hearing before said Fresno Local Agency.Forma.tion Commission, said Commission adopted its Resolution No. RO-79-4, a copy of which is attached hereto and identified as Exhibit "A", making determina- tions and approving the proposed Herndon -Fresno No. 1--C District Reorganization of the City of Fresno and. the Mid Valley Fire Protection District on April 25, 1979, all at the time and in the form and manner as prescribed by law, such reorganization proposal has been assigned the short form designation of Herndon - Fresno No. 1-C the boundaries of which are hereinafter more particularly described; 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 become due on account of any outstanding bonded indebtedness incurred by the City prier to the effective date of such annexation, upon comple- tion of the reorganization proceedings for this proposal the subject territory will be included in Municipal Bond Area "ID" and will not be taxed for any existing bonded indebtedness or 'contractual obligation. NOW, THEREFORE", RE 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 -Fresno No.. 1-C District Reorganization 'as described in attached Exhibit "B" vim, - 3 and generally depicted upon the map marked 'Exhibit ''C", and incorporated herein as set forth in full by these references, wherein the City of Fresno and the Mid 'Valley Fire Protection District are each subject to a change of organization 2. All of the subject territory affected within the County of Fresno 3. For the purpose of the proposed reorganization, the subject territory is found to be uninhabited. 4. 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., The subject territory is within the City of Fresno's Sphere of influence. c. A property owner within the area has 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. That the proposed reorganization requires the annexation of certain terriotry to the City of Fresno and the detachment of same territory from the Mid Valley Fire Protection. District. S. That such reorganization shall be subject to the conditions imposed by the Fresno Local Agency Formation Commission, namely, that the frontage along the north side of Herndon Avenue on both sides of Fresno Avenue is recommended for inclusion into the proposal area, in addition APN`s 303--180-02, 10,-11, 15, 16, 17, 18, 19, 20, 21, 22# 23, 24, 25r 26, 30 and 303--170-13, 14, 16, 18, 21, and 22 are recommended to be included in the proposal along with a'revi.sed legal map and legal_ description approved: by the Fresno County Assessor's office be submitted to LAFCO prior to further proceedings 6. That the Condition of Approval imposed by the Fresno Local Agency Forma- tion Commission, as indicated: in Item No. 5 above, has been complied with by the City of Fresno, 7. That October 2 1979, at the hour of 2:10 pm., in the Council Chamber, City Hall, 2326 Fresno Street, Fresno, California, which date is not less than fifteen days nor more than sixty days after the date of adoption of this Pesolui tion,be and is hereby, established as the time, date, and place of hearing on. the proposed reorganization, at which time and place any interested person desiring to protest said reorganization skull do so by written communication filed with the Clerk of the City of Fresno not 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, 8. 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 days prior to the date specified herein for hearing, with at Least five days intervening between the respective publication dates not counting such pub- lication dates. 9. That the Clerk shall 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 com- menced at least fifteen days prior to the date specified herein for hearing and continue to the time of said hearing. lb. That 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 shown 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. ll. 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 FRESNt? ) ss CITY OF FRESNO } It JACQUELINE L. RYLE, City Clerk of the City of Fresno, certify that the foregoing resolution was adopted by the Council ofthe City of Fresno, California, at regular meeting held on the 21 s t day of August 1979 APPROVED AS TO F'Q JACQUELINE L. RYL Casty Clerk 1, Od� IS GAK BL:mc< 7/9,/79 �, s ` UTION NO RO- 79-4 1 u 01 1979 NG & 1%� pE 1lffi DEFT. MAKING DETERMINATION AND APPRQ ESOLUTION OF THE PROPOSED "HERNDO-F'R.ESNO #�,-•C" '�Y �RESNO LOCAL AGENCY 2 REORGANIZATION } FORMATION COMMISSION - 3 WHEREAS, preliminary proceedings have been initiated by the 5 City of Fresno to annex certain territory to the C#y of Fresno 5 and detach from Mid --Valley Fire Protection District in the County 7 of Fresno; and $ WHEREAS, an application for said proposal: has been: accepted for 9 filing by the Executive officer of the Local Agency Formation 10 Commission pursuant to Title 6, Division if Part 2 of the 11 Government Code; and 12 WHEREAS, said application was set for hearing by the Executive 13 officer on the. 25th day of April 1979 and continued to May 9, 1979; 14 and 15 WHEREAS, notice of -the hearing of said application was duly 16 given by mail, posting, and newspaper publication as required. by 17 lava; and 18 WHEREAS, the Executive Officer has reviewed said application 19 and prepared a report, including his recommendations thereon, said 20 application and report having been presented to and considered by 21 this Commission; and 22 WHEREAS, this Commission has considered all relevant factors 23 and heard: all interested parties wishing to speak on said 24 application; and 25 WHEREAS, a negative declaration of environmental, impact had 25 been prepared and properly noticed by the City of Fresno and said 27 negative declaration was considered by the Commssion. 28 NOW, THEREFORE, BE IT RESOLVED that the Local Agency Formation 29 Commission of the County of Fresno does, HEREBY RESOLVE, DETERMINE 30 AND ORDER as follows. 31 Section 1. This Commission certifies it has reviewed and 32 considered the negative declaration. The Commission has also COUNTY Or rRXX?t FRrSN0 CALJFORK1A I found that the proposed inclusion will have no environmental impact 2 beyond that addressed in the information submitted in the 3 environmental finding for the proposal. 4 Section 2. Said proposal is approved subject to the terms and 5 conditions hereinafter specified. 6 Section 3. Any resolution of the conducting agency ordering 7 this reorganization shall provide that such reorganization shall be 8 subject to the following terms and conditions: 9 1. Inclusion of parcels APN 303-18-2, 10, 11, 15, 15, 17, T8, 10 19, 20, 21, 22, 23, 24, 25 26, 30 and 303-:.7-13, 14, 16 18 _ 2,1 11 22, and submission of a revised map and legal, approved by the 12 County Assessor's Office, to the Local Agency formation. Commission. 13 Section 4. The boundaries of the territory proposed to be 14 reorganized, as set forth in attached Exhibit A and as amended, by 15 condition, are approved. Said territory is found t4 be uninhabited 16 and is assigned the following distinctive short form designation; 17 Herndon -Fresno #1-C 18 Section 5. The City of Fresno is designated as the conducting 19 agency and the governing body of said agency is hereby directed to 20 initiate reorganization proceedings in compliance with the: 21 resolution. 22 Section 6. further proceedings shall be initiated, conducted, 23 and completed pursuant to required. law. Proceedings and any 24 resolution of approval shall comply with the Commission resolution 25 of approval. 26 Section 7._ The Executive Officer is hereby authorized and 27 directed to Mail certified copies of this resolution as provided 28 in Section 56272 of the Government Code. 29 30 31 32 COUNTY CF yRzsmo FRESNO, CALIFORNIA A HERNDON-FRESNO NO 1-C DISTRICT REORGANIZATION' Area to be detached from the Mid -Valley Fire Protection District and annexed to the City of Fresno - Consists of Lot 199 and a portion of Lot 133 of Amended Perrin Colony No 2; Hansen Estates; Portions of Its 5 to 9, Inclusive of Horn Addition; Lying in Sections 33 and 34 T12 S, R20E, M D .B . &M . , portion of Section ` 3, T13S , R20E A.D.B .&M, Parcel I BEGINNING at a point on the East line of Section 33,, Township 12-South, Range 20 East, Mount Diablo Base and Meridian, as said Section is shown on the United States Township Plats, which is 48.50 feet North 6E the Southeast corner of said Section 33 being also, a point on the existing City Limits of the City of Fresno, thence Northerly, along the East line of said Section 33, being also, along the existing City Limits of said City, to the intersection with the Westerly produc- tion of the South Line of Lot 198 of Perrin Colony No. 2, as.sad lot is shown on the Amended Map of Perrin Colonyy No. 2, filed in the office of the County Re- corder April 1 1891 and recorded. in Volume 4 of Plats at page 68, Fresno Cou;`;�ty Records; thence Easterly, along the Westerly production of the South line of said Lot 198, and along the South line of said Lot 198, being also, along the existing City Limits of said City, to the Northwest corner of Lot 167, of said. Amended Perrin Colony No,, 2; thence Southerly, along the West lines of Lots 167 and 168, of said Amended Perrin Colony No 2, and along the Southerly production of the West line of said Lot 168, being also, along the :existing City Limits of said City, to the intersection with the South right-of-way line of East Herndon Avenue, as it now exis is , being also, approximately 80 feet South of the ` South line of Section 34, of said Township and Range; thence North 85°51130" West,along the South right-of-way Line of said East Herndon Avenue, being also,'along the existing City Limits of said City, a distance of 230 feet, more or less; thence Westerly, along a tangent curve, concave to the South, and having a radius of 6747.00 feet, being also, along the South right-of-way line of said East Herndon Avenue, being also, along the existing City Limits of said City, through an in- terior angle of 124013211, an arc distance of 197.31 feet, to a point which is 140.00 feet East of the East line of the Northwest Quarter of Section. 3, Township 13 South Range 20 East, M,.D.B.&M'.; thence South 8420510311 West, being also, along the existing City Limits of said City, to the intersection with the East line of the Northwest Quarter of ..said Section 3; thence Northerly, along the East line of the Northwest Quarter of said Section 3, and along the Northerly production of the East line of the Northwest Quarter of said Section 3. to a point which is 48.50 feet North of the South line of said Section 34; thence Westerly, along a line which is parallel with and 48.50 feet North of the South line of said. Section 34, to the Point of Beginning. Parcel IL BEGINNING at a point on the East line of Lot 4 of born Addition to Pined:ale, ac- cording to the Map thereof, filed in the Office of the County Recorder July 18, 1923, and recorded in Volume 10 of Plats at page 18 .Fresno County Records, which: is 48.50 feet North of the South line of Section 33, Township 12 South, Range 20 East, Mount Diablo Base anA Meridian, 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 Northerly, along the East line of said Lot 4, being also, along the existing City Limits of said City, to the Northeast corner of said Lot 4; thence Easterly, along the South lines of Lots 16, 15, 14 , 13 and 12 of said Horn Addition, being also, along the North line of Lots 5,, 6, 7, 8 and 9, of said Korn Addition, being also, along the existing City Limits of said City, to the Southeast corner of said Lot 12F being also, the Southwest corner of Parcel Map No. 153, as shown on the Map thereof, ::Filed in Book 6 of Parcel Maps at page 17--A, Fresno County Records; thence Southerly, along the West line of Lot 10, of said Horn Addi- tion, being also, along the existing City Limits of said City, to a point which is 48.50 feet North of the South line of said Section 33; thence Westerly, parallel with and 48.50 feet North of the South line of said Section 33, to the Point of Beginning. APPROVED -LAFCO File No. 1958 (Revised) -" Drawing No 6-A-9883C Contains 45+ Acres' z'... l,w'.t `c sYilk 6/18/79 ExecG five 011' :cer TWB/pt EXHIBIT "Bi 4 • 06 67 I Qe 89 i 90 91 19', (93 94 95 i 96 r f 97 z< d3 •� Q3 82 91 180 79 T8 77 9e C-54Ctwic C- 6- U G M R-5400 C•G-UGM' t. ►� ,R-5400 C 5401v-'..�r _ RII;,A- U.G.M. RA 198 �/,"• . .. {,.•r. •S;livd•: r. ••�� 'r �.:. : u - . ..�. •T. i. .. .•. .. Ct•'•:•'•''•••' v; ���� �'ti' •� S <ii�:r4!t :�lG -:%2 :. '�.I: ' 1 .or ii _ �• . •` e..7 - . �. �.�.••••'.• L YiA•Y' L/•✓t' --• •.:' . �'Tj- O.�' BEG i .{ idl' of 8��. ': - .- _. /"'' � %`�= ' :�70'�:. •: s � •.: _ - 5 [ �,iw SEts. 3 3, 7.=o /> /p.4.P 1 ��\ 4'i:111 •i ,•.vas' Ji = r1. . , R—A ::5494 i�...';:'J+.ec: • • f•�.7, yt. � i - t. 150 I49 ••9 IA7lt46 145 �i4� . ♦ •1 u3 127 �'28 129 13 t32 -� 1135 136 3� T- WARNER 76 99 AVE. � W 49 50 91•.., 52 ! 53 54 S3 3 10 o ' a 56 •g 47 •16• f4 44 4 101 1 13 102 Z 43 Ce ll*i 1 6� 1241 3I122 121 120 119 life . 111. 116'ils 103 h04 �' Io6i�071 AA I 1 109l IIO I n l 1 2110'1i4 1 MA Ll 1 APPROVED-LAFCO DATE MAE.V i:'v L. Executive Off:c_r ,•;•••' EX/ST//VG 44 EA TO -, 3,C . ,5,7-A Ch1E�O F.PO/�l TyE /L7/O - �AL L E Y �.PE 14�90 TE CT/ON li/S TR/C T �=_ TQ Tf7lE' C/ TY OF �E'SND RODEO �••sOO.QGSS SYS T,EM .•?� Y. 6//8�79 Tw•� Ale /- C �EO.00r 4 A-' 4 T/ ON Q�'.P.�P/�Y C-OL ONY/VD.Z, �iYl�ililOE'.O� LOTS J��`O 9, /it/CL • � OF %�O�P�t/ /`,/.UL�/T/ON 1T> �/AVE I>A L E, ETC. FILE No. ANNEX No. ACRES= COUNCIL DISTRICT No. ALLOCATED TO COUNCIL DISTRICT NO. AS PER COUNCIL DR. EY. DISTRICT MAP DATED 10-24-78 DATE - DISTRICT SCALE=1 6_A- ��la "_ 4tOD EXHIBIT "C"