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HomeMy WebLinkAboutResolution - City Council - 79-429 - 1979-10-02s Poul ter Ed Bleliclit! RESOLUTION NO. 79-429 A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO, CALIFORNIA, IN THE MATTER OF THE HERNDON-FRESNO NO. 1--C DISTRICT REORGANI- ZATION 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--38 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 Fire Protection .District; and WHEREAS, such reorganization proposal was assigned the short form desig- nation of Herndon Fresno No. 1-C; and WHEREAS, the Fresno Local Agency Formation Commission,. on the 9th day of May 1979, at a duly noticed public hearing, considered all natters relevant to the proposed reorganization, and heard all persons interested, and adopted Resolution No RO-79--4, "Making Determination: and Approving Proposed Herndon Fresno No, •a-C 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--7 authorized the Council to conduct the proceedings for the reorganization in the manner provided by law; and WHEREAS, the Council, pursuant to Resolution No 79-340, initiated proceed- ings for said proposed reorganization and set a hearing on the proposed reorgat.-. nation for the 2nd day of October; at 2:10 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 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 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 r p;.S-_ K'A x_ Page l of 3 ._. Cl) _.::: a WHEREAS, at said hearing and prior to consideration of protests. Fresno Local Agency Formation Commission's resolution making determination was presented and summarized to the Council, and I WHEREAS, the Council considered all factors required by law for a proposed I f reorganization and considered all testimony, protests and all evidence presented E with respect thereto and E f - WHEREAS, the Council determines the proposed reorganization constitutes uninhabited territory as defined by law and written protests filed and: not with- drawn represented less than fifty percent (50%) of the assessed 'value of land therein; and WHEREAS, pursuant to Fresno Municipal Code Section .2-�208, the subject ter- ritory is allocated to the Hoover Council Distract "No. NOW, THEREFORE,, the Council of the City of Fresno resolves and orders: 1. The territory within those boundaries described in Exhibit "A" r attached hereto and i.ncoxporated herein and more particularly de- picted upon the map marked Exhibit . "B" attached hereto- and incor- porated herein, is hereby annexed to the City of Fresno and the same territory is hereby detached from. the Mid Valley Fire Protection Dis- trict 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. 3s The reasons for this proposed reorganization are as follows as 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. de 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 Dis tri ct ." Page 2 of 3' 4 The condition imposed by the Fresno Local Agency Formation Commission for the subject territory has been met, such condition being. Inclusion of parcels APN 30 3-18-2 , 10, 11, 15, 16 ,: 17, 18 19, 20, 21, 22 23, 24 25, 26, 30 and 303-17-13, 141,16, 18, 21, 22, and submission of a revised map and legal, approved by the County Assessor's Office, to the Local Agency Formation Commission. 5. Written protests filed and not withdrawn represented less than fifty percent (5064) of the assessed value of land therein, 6 The Clerk of the City of Fresno shall immediately oa.use to be transmitted to ` the Executive Officer of the Fresno Loca,. Agency For- mation Commission a certified copy of this resolution. 'Upon the filing of the appropriate documents by the said Bxecuti,,re 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 Herndon -Fresno No. I--C District Reorganization, described in said Exhibit "A" and depicted on said Exhibit 1!8", be and is here- by allocatedto the Hoover Council District No. 6 STATE OF CALIFORNIA} COUNTS OF FEESNO ss. CITY OF FRESNO 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 2 n d day, of October, 1979 JACQUELI-NE L 4 RYL City Clerk Al IRECE UTION NO RO--79-4 MW Au L1 SPECTION DEP a � QI' T1�E MAKING DETERMINATION AND APPRO �3�v�ro� OF FESiN� %RESNO PROPOSED HERNDON�-FRESNO #1.--C TY LOCAL AGENT' REORGANIZATION FOUTATION COMMISSION 3 4 WHEREAS, preliminary proceedings have been initiated by the 5 City of Fresno to annex certain territory to the City of Fresno 6 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 Focal Agency Formation 10 Commission pursuant to Title 6 Division 1., ;dart 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 law; and 18 WHEREAS, the Executive Officer has reviewed Said application 19 and torepared a report, including his recommendations thereon, said 20 application an-d report having been presented to and considered loy 21 this Commission; and 22 WHER.EA.S, 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 Commission. 28 NOW, THER-EFORE, BE IT RESOLVED that the Local Agency Formation 29 Comunission of the County of Fresno does HERE13Y 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 OF FR SNO 1 ` found that the proposed inclusion will have no enx,vironmental 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 an 5 conditions hereinafter specified. 8 Section 3 Any resolution of the conducting agency ordering 7 this reorganization shall provide that such reorganization shah be 8 subject to the following terms and -conditions. 9 1, Inclusion of parcels A.PN 303-18-2, 10, 11., 15, 16 17, 18, 10 19, 20, 21v 22, 23, 24, 25v 26, 30 and 303-17-13, 14, 1.6, 18, 21. f' 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 1.4 reorganized, as set forth in attached Exhibit,A and as amended by 1.5 condition., are approved. Said territory is found to be uninhabited 16 and is assigned the following distinctive short '`form designation: 1.7 Herndon -Fresno #1-C, 1.8 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:, conductedr 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 or �rxxuxa FRESNO. CALIFORNIA HERNDON-»FRESNQ NO. 1-C DISTRICT REORGANIZATION Area to be detached from the Mid -Valley Fire Protectioh 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 Lots 5 to 9, Inclusive of Horn Addition; Lying in Sections :13 and 34 TI2S, R20E, M.D.B,.&M,., portion of Section 3, T13S R20E, M.D.B.&M. Parcel. I BEGINNING at a point on the East line of Section 33, TownshpN 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 of 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 said lot is shown on the Amended Map of Perrin Colony 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 County 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 1:67 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 exists, being also, approximately 80 feet South of the, South line of Section 34 of said Township and mange; thence North'85°S1'30" 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 ls4G'3211, an arc distance of 197.31 feet, to a point which is 140.00 feet East of the East line of the Northwest Quarter o7 Section 3, Township 13 South Range 20 East, M .D .B . &M.,, ; thence South 84 ° 05 ' 0 3't 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. II BEGINNING at a. point on the East line of Lot 4 of Horn Addition to Pi.nedal.e, ac- cording to the Map thereof, fixed 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, Lange. 20 East, Mount Diablo Base and 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, alongthe .South lines of Lots 16, 15, 14, 1:5 and 12 of said Horn Addition, being also, along the North line of Lots 5, 6, 7, 8 and 9, of said Horn Addition, being also, along the existing City Limits of said City, to the Southeast corner of said Lot 12 being also, the Southwest corner of Parcel. Map No. 153, as shown on the Map thereof, filed in Book 6 of Parcel.. Maus at page 17-A, Fresno County Records; thence Southerly, along the hest 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 ajad 48.50 feet North of the South line of said Section 33, to the ?point of Beginning: APPROVED Ca File No. 1958 (Revised.'' ✓ Drawing No. 6-A-988 Contains 45± Acres M 'n vJ it L. ;"2 ;% � 6/18/79 Exe_cut'sve C) :fie TWB/pt "EXHIBIT A" RA ':• . .. ••• •:• •:':• , C-5401w/G '.r.' .. '••.' 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