HomeMy WebLinkAbout01-047BC7:AR~ C~~" UP~RV1v0RS
CQUNTY QF ~3UTTE,-STATE OF CALIFORNIA
~E~solufion No. of-o47
RESOLUTION ESTABLISHING COUNTY SERVICE AREA NO. 174
DURHAM LAND ES"PATES
WHEREAS, pursuant to Chapter 2.2, Part 2, Division 2, Title 3 of the Government Code
of the State of California, commencing ~,vith Section 25210.1, the Butte County Board of
Supervisors has petitioned to the Local Agency Formation Commission for the formation of
County Service Area No. 174 (Durham Land Estates); and
WHEREAS, on the St" day of April 2001, the Local Agency Formation Commission
passed and adopted Resolution No. 27 - 2000/2001 making determinations and approving the
establishment of County Service Area No. 174; 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 judgment 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. 174 after proper public notice and hearing; and
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OI' SUPERVISORS
OF THE COUNTY OF BUTTE, STATE 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 Durham Land 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 judgment of said Board.
2. The establishment of said County Service Area is proposed under the County Service
area Law, Chapter 2.2, Part 2, Division 2, Title 3 of the Government Code, commencing with
Section 25210.1.
3. The exterior boundaries of said County Service area and its sphere of influence is herby
being 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. The name of said formation of County Service Area is: O 1-25 -Formation of County
Service Area No. 174 (Durham Land Estates).
5. The type of extended services to be provided are maintenance of storm drain facilities
and street lighting for the conditionally approved 44-lot 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 Februa7y 27, 2001. 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 the
Resolution language confirming said charges would be contained in this Resolution forming the
County Service Area.
7. In accordance with the provisions of Government Cade Section 25210.77a and Butte
County Code Sections 21.85 through 2190, aper-parcel service charge shall be levied against all
the parcels within County Service Area Number 174 (Durham Land Estates). The initial charge
for FY 2001/2002 in the amount of $1,235.00 and for subsequent years a maximum annual
service charge of $226.3 per parcel of real property is adopted 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, Ali
laws applicable to the levy, collection and enforcement of County ad valorem taxes are collected
and shall be subject to the same penalties and the 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 ar coi~lveyed 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 2001-2002 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 ar the fund 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. It is found that each of the fees imposed by this Resolution: do not exceed the cost of the
services to be provided in the County Service Area; are to be used only for the purpose of
providing the extended services in County Service Area 174; do not exceed the proportional cost
Page 2 of 2
of the extended services to be provided to each affected parcel of real property; and arc for
extended services which are used by or immediately available to the owner of each such affected
parcel of real property.
10. Said County Service Area is formed for all purposes subject only to compliance with the
Requirements of Chapter 8 (commencing with Section 54900), Part I, Division II, Title V of the
Government Cade and subject to the provisions of Article 2.5 (commencing with Section
252I021), Chapter 2.2, Part II, Division II, Title III of the Government Code of the State of
California.
11. 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 1~ormation Commission.
PASSED AND ADOPTED by the Board of Supervisors of the County of Butte, State of
California, on the 24~~' day of April, 2001, by the following vote:
AYES: Supervisors Beeler, Dolan, Yamaguchi and Chair Josiassen
NOES: None
ABSENT: Supervisor Houx
ABSTAINS: None
ATTEST:
A ~`. "~..
CUR JOSIASSEN, Chairman of the
-Bt~tt'e~ County Board of Supervisors
JOHN BLACKLOCK, Chief Administrative Officer
and Clerk of the Board of Supervisors
,:~, .~~~
~ Deputy'"~' I
Page 3 of 3
All that certain real property situate in the County of Butte, State of California, described
as follows;
Being a portion of Section 25, T.21 N., R.1 E., M.D.M., and a portion of Section 30, T.21
N., R.2 E., M.D.M., more particularly described as follows;
BEGINNING at the southwest corner of the Tracy Subdivision as shown in Book 30 of
Maps, at Page 50 in the office of the Butte County Recorder, more particularly described
as follo~~ s:
Thence leaving said Point of Beginning along the south line of said Subdivision, North
89°52'57" East, 636.75 feet;
Thence leaving said south line. North 00°07'03" West, 142.00 feet to a 20.00-foot radius
curve concave to the southwest;
Thence following said curve throu~h a central angle of 90°00'00" a distance of 31.42 feet
to the south line of Durham-Dayton Highway;
Thence along said south line, South 83° 15'23" Fast, 100.55 feet to a 20.00-foot radius
curve concave to the northwest;
Thence leaving said south line of Durham-Dayton Highway and following said curve
through a central angle of 90°00'00" a distance of 31.42 feet;
Thence South 00°07'03" East, 130.00 feet to said south line of Tracy Subdivision;
Thence along said south line, North 89°52'57" Fast, 960.30 feet;
Thence leaving said south line of said Subdivision, South 00°04'45" Nest, 602.68 feet;
Thence South 89°55' 15" Fast, 160.50 feet to the west line of Holland Avenue;
Thence along said west line, South 00°04'45" West, 60.00 feet;
Thence leaving said west line of Holland Avenue, North 89°55' 15" V~'est, 160.50 feet;
Thence South 00°04'45" West, 541.97 feet;
Thence South 89°10'45" West, 1665.30 feet;
Thence North 00°27'49" West, 1225.16 feet to the True Point of Beginning.
Containing 46.8 acres, more or less.
EXHIBIT "A" PAGE 1 of 1