HomeMy WebLinkAboutResolution - City Council - 79-427 - 1979-10-02xy 7.
Ruth Poufter
Ask
Ed B9lici
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RESOLUTION No. 7 - 2
A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO, CALIFORNIA
IN THE MATTER OF THE TULARE-PEACH 240.1-A DISTRICT REORGANIZA
TION ORDERING A REORGANIZATION TO THE CITY OF FRESNO AND THE
MID VALLEY FIRE PROTECTION DISTRICT.
WHEREAS, the Council of the City of Fresno, pursuant to Resolution
No. 79--39, applying for and requesting the Fresno Local Agency Formation
Commission to take appropriate proceedings for the annexation of land more
particularly described below to the City of Fresno and the detachment of the
same territory from the Mid Valley Protection District; and
WHEREAS, such reorganization proposal was assigned the short term form
designation of "Tulare -Peach No.l-A"; and
WHEREAS, the Fresno Local Agency Formation, Commission, on the 25th day of
April, at a duly noticed public hearangr considered all matters relevant to
the proposed reorganization and heard all persons interested, and adopted
Resolution No. RO--79-7 "Making Determination and Approving proposed Tulare -
Peach No.l--A Reorganization"t all at the time and in the form and manner as
proscribed by law; and
WHEREAS, said Fresno Local Agency Formation Commission Resolution
No. R.O-79-7 authorized the Council to conduct the proceedings fox the re-
organization in the manner provided by law, which includes a waiver of the
restriction in Government Cade Section 35002.3 pertaining to the creation of un-
incorporated islands-; and
WHEREAS, the Council pursuant to Resolution No. 79-338 initiated pro-
ceedings for said proposed reorganization and set a. hearing on the proposed
reorganization for the 2nd day of October, at 2.00 p.m,, in the Council
Chamber, City Hall, 2326 Fresno Street, Fresno, California 93721;'arid
i
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 reorganl -
:
tion has been published, pasted, and mailed in the time, form, and manner re-
quired, -,by law; and
WHEREAS, said hearing duly held by the Council at said time and palace
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
.x
Page l of 3
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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, County
of Fresno, State of California, and all persons who desired; to be heard were
heard; and
AREAS at said hearing and prior to consideration of protests, Fresno
Local Agency Formation Commission's resolution making determination was
presented and summarized to this Council, and
WHEREAS, the Council considered all factors required by law for a
i
proposed reorganization and considered all: testimony, protests and all
evidence presented with respect thereto; and
WHEREAS, the Council determines the proposed reorganization constitutes
uninhabited territory as defined by law and written protests filed and not
withdrawn represented less than fifty percent (50%) of the assessed value of
land therein: and
l
WHEREAS, pursuant to Fresno Municipal Code Section 2-208 the subject
territory is allocated to the Roosevelt Council District "No. .°`
NOW, THEREFORE, the Council of the City- of Fresno resolves and orders
1. The territory within those boundaries described in Exhibit "A"
attached hereto and incorporated herein and more particularly depicted upon
the map marked Exhibit "B" attached hereto and incorporated herein, 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. 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 lands have not been improperly
omitted from or included: within said proposed annexation and detachment.
3. The reasons for this proposed reorganization are as ibl.lows:
a.. The subject territory is within the City of Fresno's Sphere of
Influence,' -
b. Several property owners within the area have expressed: a desire
to annex to the City.
c. 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.
d. That the proposed reorganization requires the annexation of
certain territory to the City of Fresno and the detachment of
the same territory from. the Mid. Valley Fire Protection District.
Page 2 of 3
4. The conditions imposed by the Fresno Local Agency Formation
Commission for the subject territory have been met:, such conditions being:
a. Inclusion of Southern Pacific Railroad right--of-way adjacent
to the North, and APN 462-26--37T, and submission of a revised
map and legal, approved by the County Assessor's office, to
the Local Agency Formation commission
b. Amendment of City Service Plan to provide for fire service by
the Mid Valley Fire Protection District, as per City/District
Fire District Agreement.
5. WritUen protests filed and not withdrawn represented less than
fifty percent (50%) of the assessed value of land therein.
6. The Clerk of the City of Fresno shall immediately cause to be trans-
mitted to the Executive Officer of the Fresno Local Agency Formation Com—
mission a certified 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
subject territory designated as the Tulare -leach No. 3-A District R.eorg vaization,
described in said Exhibit "A." and depicted on said Exhibit. "B" , be and is
hereby allocated to the Roosevelt Council District No.-5.
CLERKI 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 theme day of
1979.
JACQUELINE L. RYLE
City Clerk
By
Day
GAKfBL: ak
9/ls/79
rv.
Page 3 of 3
AMAWL OLUTION NO. RO-�79-7
t
1 MAKING DETERMINATION AND APPROVING) RESOLUTION OF THE
PROPOSED "TULARE-PEACH #l-A" FRESNO LOCAL AGBN 'X
2 REORGANIZATION ) FORMATION COMMISSION
3
4 WHEREAS, preliminary liminary P a.proceedings have been initiated by the
5 City of Fresno to annex certain territory to the City of Fresno
6 and detach from Mid Talley Fire Protection District in the County
7 of Fresno and
g WHEREAS, an application for said proposal has been accepted for
g filingby the Executive Officer of the Local. Agency Formation
,I
10 Commission pursuant to Title 5, Division 11 Part 2 of the
11 Government Code; and
12 WHEREAS, said application was set 'or hearing by the Executive
13 Officer on the 25th day of April 1979., at the hour of 3:20 P.M.
14 and continued to May 91 1979; and
15 WHEREAS, notice of -the hearing of said application was duly
1g given by mail, posting, and newspaper publication as required by
17 law; and
1$
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 ;actors
23 and heard all interested parties wishing to speak on said
24 application; and
25 WHEREAS., -the Commission did make the f indinc; that the app li-
25 cation of the restriction in Government Code. Section 35002.3
prohibits creation of unincorporated islands would be
27 which
28 detrimental to the orderly development of the community and that
29 the area included is so located that it car.�not reasonably be
30 annexed to another city or incorporated as a new city; and
3l WHEREAS a negative declaration of environmental impact had
32 been prepared and properly noticed by the City of Fresno and said,
f
COUNTY Of ''FRFSNO
FRLSNO, CALIFORNIA
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negative declaration was considered by the Commissions
NOW, THEREFORE r BE IT.RESOLVED that the Vocal Agency Formation
Commission of the County of Fresno does HEREBY RESOLVE, DETERMINE
4
AND ORDER as follows
Section 1. This Commission certifies it has reviewed and.
6
considered the negative declaration. The Commission has also found
t 7
that the proposed inclusion will have no environmental impact
beyond that addressed in the information submitted in the eaviron--
9
mental finding for the proposal.
10
Section 2. Said proposal is approved subject to the terms and
11
conditions hereinafter specified..
12
Section 3. Any resolution of the conducting agency ordering
13
this reorganization shall provide that such reorganization shall. be
14
subject to the following terms and conditions
13
1. inclusion. of Southern: Pacific Railroad right of way
16
adjacent to the north, and APN 4E2-25-37T r and submission of
17
;revised map and Legal r approved by the County .Assessor's office,
.181
to the Local Agency Formation Commission,
19
2. Amendment of the City Service Fiazl to provide for fire
20
service by the Mid --Valley Fire Protection District, as per city`
21
district fire district agreement,
it
22
section 4. Wave the restriction in Government Code Sect on
23
35002.3'pertaining to the creation of unincorporated. islands
24
Section 5. The boundaries of the territory proposed to be R
25
reorganized, as set forth in attached E hibit A and as amended by
26
condition., are approved. Said territory is found to be uninhabited{
27
and is assigned the following dis-tinetive short form designation,
28
Tulare -Peach 01--A,
29
F
Section fa . The City of Fresno is designated as the conducting
30
agency and the governing body of said agency is hereby directed. to
31
initiate reorganization proceedings in compliance with this
32
resolution.
,COUNTY Of FRESNO
FR,ESNO, CALIFORNIA
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NOW
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Section 7. 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..
Section 8. The Executive officer is hereby authorized and
directed to mail certified copies of this resolution as provided
in Section 56272 of the Government Code.
ADOPTED this 9th day of May 1975 by the following vote. -
AYES; Donaldson, Valdez, Howard t Johnson,, AU�r,igh.t
NOES Nome
ABSENT: None
STATE of CALIFORNIA)
COUNTY OF FRES NO
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,
California, at a regular meeting held on the 9th day of May 1979,
MARVIN L. PALTER, Executive officer
COU14TY or PIR"cto
-RESNO, GAUVO NIA
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` PEACH NO. 1..A APPROV t
TUL-� ~ LAF ' o
DISTRICT REORGANIZATION
AREA TO BE DETACHED FROM THE MID VALLEY FIRE
PROTECTION DISTRICT AND ANNEXED To THE CITY A.� � R�
OF FRESNO i� � ,% 41.
Executive officer
Consisting of Portions of Lots 8 and 25 lying in Section 5, T1.4S, R21E, M.'3.B.&M.
BEGINNING at the intersection of the 'West line 4f Section 5, Township 14 South,
Range 21 East, Mount Diablo Fuse and Meridian, as said Section is shown on the
United States Township Plats, with the Westerly production of the North line of
Lot 25 of Easterby Rancho, as said lot is shown on the Map thereof, filed in the.
Office of the County Recorder June 24, 1880 and recorded in volume 2 of Plats at
page 61 Fresno County Records, being also, a ;point on the existing City Limits of
the City of Fresno; thence Easterly, along he Westerly production of the North
line of said Lot 25 , and along the North line of said Lot 25, being also r along
the existing City Limits of said City, to a point which is 1.5,.39 feet East of
the :Northwest corner of said Lot 25, thence South 011120!39" West, being also,+
along the existing City Limits of the City of Fresno, a distance of 107 feet,
itore or less, to a point which is 1194.50 feet North of the South line of said
Lot 25 thence South 8903814311 West, being also, along said existing City Limits,
parallel with and 1194.50 feet North of the South- line of said Lot 25, a distance
of 1.2.89 feet to the intersection with. the West line of said Lot 25; thence South
00,05 Y 17" East along the West line of said Lot 25, being also, along the said
existing City Limits, a distance of 105.00 .feet to a point which. is 1089„50 feet
North of the South line of said Lot 25; thence North 89038143" East, being also,
along said existing City 'Limits., parallel with and 1089.50 feet North of South line
of said Lot 25, a. distance of 10.43 feet; thence South 0102013911 West, being also, .,
along the said existing City Limits, a distance of 18.49 feet; thence South 00*0511711
East, being also, along said existing City Limits, parallel with and 10.00 feet East
of the West line of said Lot 25 a distance of 91.52 feet to a point vihi.ch is 979..50
feet North of the South Line of said Lot 25; thence South 89*3814311 West., being also,
along said existing City Limits., parallel, with and 979.50 feet North of South line
of said Lot 25, a distance of 10.00 feet to the intersection with the west line of -
said Lot 25; thence South 00,005 11711 East .along the West line of said Lot 25, being' i
also,, along said existing City Limits, a distance of 10.00 feet to a point which is l
969,50 feet North of the South line of said Lot 25; thence Forth 89038"431' East, 1
being ng also, 'along said existing City Limits,, parallel with and 969.50 feet North of i
the: South Line of said Lot 25, a distance of 10.00 feet; thence South 00n05117"
East, .being also, along said existing City Limits, parallel with and 1.0_00 feet East
of the West line of said Lot 25, a distance of 63.00 feet to a point which is 906.50
feet North of the South line of said. Lot 25; thence South 89°38143" West, being also,
along said existing City Limits,, parallel with and 906.50 feet North of South line
of said Lot 25, a distance of 10.00 + £eet to the intersection with the West line of
� said Lot 25; thence South 000051 I7" East- along the West line of said. Lot 25, being
also, along said existing City Limits., a distance of 21.75 feet to a point which is
884.75 feet North of the South line of said Lot 25; thence North 8903814311 East,
being also, along said existing City Limits, parallel with and. 384.75 feet North of
the South line of said Lot 2 , a distance of 10.00 feet; thence South 00,0511711
East, being also, along; said existing City Limits, parallel with and 10.00 feet 'East
of the west line of said. Lot 25, a distance of 210.00feet to a paint which is 674-75
feet North of the South line of said Lot 25; thence South 8913814311 West., being
also, along said existing City Limits, parallel with and 674.75 feet North of the
South line of said Lot 25 , a distance of 10.00 feet to the intersection with the West
line of said Lot 25 thence South 00005117" East along the West line of said Lot 25,
being also, along the said existing City Limits, a distance of 161.75 , feet to a. point
which is 513.00 feet North of the South line of said Lot 25; thence North 89 a 38 r 43»
East, being also, along said existing City Limits, parallel with and 51300 feet
North of the South line of said Lot 25, a distance of 10 00 feet; thence South
00*05117" East, along a line which is parallel with and 10.00 feet East of the West
line of said Lot 25, being also t along the existing City Limits of said City p to a
point which is 100.00 feet North of the South line of said Lot 25, fence South
1 *18122" East, being also, along the existing City Limits of said city, to the inter-
section with the South line of the Northwest Quarter of said Section 5; thence Easte:rl
along the South line of the Northwest Quarter of said Section. 5, to the intersection
with. the Southerly production of the East line of said Lot 25; thence Northerly r along
the Southerly production of the East line of said List 25, and along the East line of
"RXHIBIT A",
Page. of 2
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, �,'�}, ' �"'" + e1 .m "ti..'sy"-ar:. S "' i vMr;� r 'ye:+ . i, h,• �„ • .�1.s.a.
said Lot 25 if -anal alonmkidLe Northerly production of th st line of said Lot 25,
a _ across the former So ` Pacific Railroad right -of to the intersection with
the Easterly production of the South line of Lot 15 of Easterly Retreats, as said
lot is shown on the Map thereof, filed in the office of the Lour;ty Recorder July
1938, and recorded in Volume 11 of Plats at page , 68, Fresno County Records; thence
Westerly, along the Easterly production of the South line of said Lot 15, and, along
the South lines of Lots 15 , 14, 13, 12 and 11 of said Easterly Retreats, and along
the Westerly production of the South line of ,said Lot 11, to the intersection with
the West line of said Section 57 thence Southerlyt along the. West line of said
Section 5, a distance of 40 feet,, more or less, to the: Point of Beginning,
File No. 1962 (Revised)
Acres = 19.89
Drawing No. 6-A-992
6/18/79
'Z'WIB/P
"EXHIBIT A"
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6-
Executive Officwr
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Page 2of2
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