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RESOLUTION ESTABLISHING COUNTY SERVICE AREA NO. I73
MELROSE ESTATES
WHEREAS, pursuant to Chapter 2.2, Part 2, Division 2, Title 3 of the Government Code
of the State of California, commencing with Section 25210.1, the Butte County Board of Supervisors
has petitioned the Local Agency Formation Commission for the formation of County Service Area
No. 173 (Melrose Estates); and
WHEREAS, on the 7`~' day of September 2000, the Local Agency Formation Commission
passed and adopted Resolution No. OS 2000101 making determinations and approving the
establishment of County Service Area No. l 73; and
WHEREAS, the Local Agency Formation Commission has certified that it has
independently reviewed, analyzed, and considered the Negative Declaration with mitigation
measures prior to making its decision on the project, and the Negative Declaration with mitigation
measures reflects the independent judgement of the Local Agency Formation Commission; and
WHEREAS, said resolution adopted and passed by the Local Agency Formation
Commission authorized the Board of Supervisors of the County of Butte to conduct proceedings for
the establishment of County Service Area No. 173 after proper public notice and hearing; and
NOW, THEREFORE, RE IT RESOLVED BY THE BOARD OF SUPERVISORS OF
THE COUNTY OF BUTTE, STATh, OF CALIFORNIA. as follows:
1, That said Board certifies that it has reviewed and considered the Mitigated Negative
Declaration prepared by the County of Butte and referenced by the County of Butte .in approving the
Melrose Estates Subdivision and hereby finds, on the basis of the whole record before it, that there
is no substantial evidence that the approval of the subdivision, as mitigated, and formation of the
county service area, will have a significant effect on the environment. The Board further finds that
the Mitigated Negative Declaration with mitigation measures reflects the independent judgement of
said Board.
2. "That establishment of said County Service Area is proposed under the County Service Area
Law, Chapter 22, Part 2, Division 2, Title 3 of the Government Code, commencing with Section
25210.1.
3. "fhe exterior boundaries of said C"ounty Service Area and its sphere of influence is hereby
finally determined and established to be the same as shown on Exhibit `A" attached hereto and
incorporated herein and made a part hereof by this reference.
4. ~fhe name of said formation of County Service Area is: 00-28 - Formation of County Service
Area No. l 7 ~ (Melrose Estates).
5. That the type of extended services to be provided are maintenance of storm drain facilities
and street lighting for the approved 7 5 lot residential subdivision.
6. The Butte County Board of Supervisors conducted a Property Owner Ballot Proceeding and
Public Hearing regarding the establishment of service charges to be collected for the services to be
provided by this County Service Area on September 12, 2000. At that time they confirmed there
was no majority protest, determined that the ballot cast was a majority in favor of establishing the
proposed maximum service charges set forth therein and noted that confirmation of said charges
would be contained in this Resolution forming the County Service Area.
7. In accordance with the provisions of Government Code Section 25210.77a and Butte County
Code Sections 21.$5 through 21.90, apex-parcel serf-ice charge shall be levied against all the parcels
within County Service Area Number 173 (Melrose Estates). The initial charge for FY 2000/2001
in the amount of $745.00 and for subsequent years a maximum annual service charge of $1,245.00
per parcel of real property are hereby established by the Board of Supervisors. Each parcel shall be
assessed an individual service charge based upon benefit. Said charge shall appear as a separate item
on the tax bill and shall be collected at the same time and in the same manner as ordinary County
ad valorem taxes are collected and shall be subject to the same penalties and same procedure and sale
in the case of delinquency as provided for such taxes. All laws applicable to the levy, collection and
enforcement of County ad valorem taxes shall be applicable to such charge, except that if real
property to which such charge relates has been transferred or conveyed to a bona fide purchaser for
value, or if a lien of a bona fide encumbrancer, for value has been created and attached thereon, prior
to the date on which the first installment of said taxes would become delinquent. then the charge
confirmed shall not result in a lien against said real property but instead shall be transferred to the
unsecured roll for collection.
8. As to those increased charges, which are approved, the Board directs the Auditor to place the
charges on the Fiscal Year 2000-2001 and subsequent tax bills. Provided, however, that if the final
budget adopted for the County Service Area is less than the proposed budget upon which the charges
were based or the hand carryover is greater. then the Auditor is directed to make a corresponding
reduction in the service charges to be placed on the tax bills.
9. All Butte County and State of California fees must be paid in full prioi° to filing the
Certificate of Completion.
10. The Clerk of the Board is authorized and directed to file a certified copy of the Resolution
with the Executive Officer of the Local Agency Formation Commission.
with the Executive Officer of the Local Agency Formation Commission.
PASSED AND ADOPTED by the Board of Supervisors of the County of Butte, State of
California, on the 5"' day of December, ?000, by the following vote:
AYES: Supervisors Beeler, Hour, Davis and Chair Dolan
NOES: None
ABSENT: Supervisor Josiassen
ABSTAINS: None
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JA1~E DOLAN, Chair of the
Butt Couizty Board of Supervisors
ATTEST:
.JOHN BLACKLOCK, Chief Administrative Officer
and Clerk of the Board of Supervisors
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3
EXHIBIT "A"
COUNTY SERVICE AREA NOo
MELROSE ESTATES SUBDIVISION
*******************R**,~***********************R**************,~***~******,~*********~*******************,~****
ALL THAT REAL PROPERTY DESCRIBED AS A PORTION OF LOT 278, "OROVILLE
WYANDOTTE FRUIT LANDS, UNIT NO. 6", AS FILED FOR RECORD IN BOOK 10, MAPS AT
PAGE 3A, 4A, AND 5A, LYING IN SECTION 15, TOWNSHIP 19 NORTH, RANGE 4 EAST,
M.D.M., BUTTE COUNTY, CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT TF•IE INTERSECTION OF THE CENTERLINE OF HILDALE AVENUE WITH
THE CENTERLINE OF MELROSE DRIVE, THENCE S 12°59'00" E, ALONG THE CENTERLINE
OF MELROSE DRIVE, 285.85 FEET; THENCE S 59°50'00" W, 30.77 FEET, TO A POINT ON
THE WEST LINE OF SAID STREET, SAID POINT ALSO BEING THE TRUE POINT OF
BEGINNING FOR THE HEREIN DESCRIBED PARCEL OF LAND; THENCE S 12°59'00" E,
ALONG THE WEST LINE OF SAID STREET, 384.93 FEET; THENCE S 89°45'00" W, 631.07
FEET; THENCE N 10°17'42" W, 407.39 FEET; THENCE N 79°13'42" E, 161.05 FEET; THENCE
N 89°50'00" E, 147.00 FEET; THENCE S 12°59'00" E, 55.81 FEET; THENCE N 89°50'00" E,
299.64 FEET, TO THE POINT OF BEGINNING AND CONTAINING 5.70 ACRES, MORE OR
LESS.
END OF DESCRIPTION
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PREPARED BY:
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JOHN D. CHRISTOFFERSO .L.S.
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