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Home My WebLink About04-213• •. ~ r :oar;: ~ ; ~ .. ~ : ~" *: ~'° '~' BOARD OF SUPERVISORS ,* ; ~. •~'~ ~;,. ~ ~>~ • •''y~' COUNTY OF BUTTE, STATE OF C~4LIFE~RNIA .• ., .,, ,•.• G4;• +r?',~ •~•......••• ~~~ Resolution NO. 04-213 ~~~~ L'OUl~'t,~•~ ~r~r~rrrrr RESOLUTION MAKING APPLICATION TO THE BUTTE LOCAL AGENCY FORMATION COMMISSION REGARDING A PROPOSAL TO ANNEX TO ESTABLISHED COUNTY SERVICE AREA 169 FOR STORM DRAIN MAINTENANCE AND STREET LIGHTING SERVICES WHEREAS, the subdivider of Sierra Moon Subdivision has proposed and consented to annexation to County Service Area ("CSA") 169 to comply with the requirements of his Tentative Subdivision Map approved by the Butte County Board of Supervisors, on September 28, 2004, to provide necessary services to the subdivision in compliance with the conditions of approval of the subdivision map; WHEREAS, the Board of Supervisors of the County of Butte intends to consider annexation to said CSA 169; and WHEREAS, the purpose of said annexation to CSA 169 will be to provide storm drain maintenance and street lighting services; and WHEREAS, less than twelve (12) registered voters reside within the proposed new CSA; and WHEREAS, no proceeding for the annexation to such CSA 169 shall be instituted by this Board or requested by its members until approval of the Butte Local Agency Formation Commission ("LAFCo") is first obtained, except as otherwise provided herein; and WHEREAS, it is the intention of the County of Butte to approve annexation to said CSA 169 if approved by LAFCo and subject to the existing maximum service charges established in the amount of $1,069.00 to provide the contemplated services; and Page 1 of 3 WHEREAS, the annexed CSA will not receive any property tax revenue, but Government Code Section 25210.77a contains authority for the County of Butte to establish and collect service charges for extended services provided through said County Service Area 169 or zone; and WHEREAS, the Board of Supervisors did, by ordinance adopt Butte County Code Section 21-85 et seq., establishing a procedure for annually levying and collecting such charges on the tax roll; and WHEREAS, Article XIII D, Section 6 of the California Constitution, as adopted by passage of Proposition 218 on November 5, 1996, established procedures for levying new charges; and WHEREAS, a written report identifying each parcel of real property receiving a particular extended service, and the amount of the charge for each parcel for fiscal year 2004/2005 and future years, has been filed with the Clerk of the Board of Supervisors and resides in the Property Tax Section of the Auditor's Office; and WHEREAS, the property to be annexed to CSA 169 is shown on the current tax roll as one parcel, but a subdivision map will be recorded which will result in this parcel being divided into multiple parcels on future tax rolls; and NOW, THEREFORE, BE IT RESOLVED, by the Board of Supervisors as follows: That an application and a proposal are hereby made to the Local Agency Formation Commission in accordance with the Cortese-Knox Local Government Reorganization Act of 1985, as set forth in Division 3, Title 5 of the California Government Code, commencing with Section 56000, for annexation to County Service Area ("CSA") 169 with a sphere of influence co-terminus with its boundaries. 2. That the exterior boundaries of the proposed annexation to CSA 169 and its sphere of influence are described in LAFCo Exhibits 2 and 3 attached hereto and made a part hereof by this reference. That annexation said CSA 169 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). Page 2 of 3 4. That the type of extended services proposed to be provided are storm drain maintenance and street lighting 5. That LAFCo approval of the annexation to CSA 169 shal l be subject to the condition set forth below, and the Certificate of Completion shall not be recorded until such condition has been fulfilled: a. The following fees have been paid: $5,501.00 initial deposit for FY 2005/2006. 6. That the Clerk of the Board is authorized and directed to file a certified copy of this Resolution with the Executive Officer of the Butte County Local Agency Formation Commission. PASSED AND ADOPTED by the Board of Supervisors of the County of Butte, State of California, this 30`" day of November, 2004 by the following vote: AYES: Supervisors Dolan, Houx, Yamaguchi and Chair Beeler NOES: None ABSENT: Supervisor Josiassen NOT VOTING: None J ~. 'f J i~~~-~~ ~~~ R. J. Beeler, Chair, Butte County Board of Supervisors ATTEST: Paul McIntosh, Chief Administrative Officer and Clerk of the Board of Supervisors By: ~ ~ ~~' ,~ ' ._ /, Page 3 of 3 Legal Description for Sierra Moon CSA Beginning at the Northwest corner of Section 33, T23N, R1 E, MD68~M, thence North 89°05'27" East along the North boundary of Section 33, 1567.98 feet; thence South 32°39'32" East 2004.23 feet to a point on the North-South centerline of Section 33; thence South 00°16'25" East along the North-South centerline of Section 33, 1326.56 feet more or less to a point on the South Easement Line of Mud Creek, said line being described in Book 1302, Page 485 of Official Records, Butte County; thence following said easement line the following 19 courses; 1. thence South 40°22'20" West 544.54 feet; 2. thence South 52°03'00" West 147.00 feet; 3. thence South 78°03'00" West 348.00 feet; 4. thence South 78°24'00" West 245.00 feet; 5. thence South 53°18'00" West 80.00 feet; 6. thence South 41°17'00" West 146.00 feet; 7. thence South 25°22'00" West 113.00 feet; 8. thence South 40°20'00" West 160.00 feet; 9. thence South 30°05'00" West 375.00 feet; 10. thence South 43°12'03" East 58.00 feet; 11. thence South 46°47'57" West 50.00 feet; 12. thence South 01°47'57" West 39.60 feet; 13. thence South 46°47'57" West 59.00 feet; 14. thence North 88°12'03" West 39.60 feet; 15, thence South 46°47'57" West 293.71 feet; 16. thence along a curve concave to the Northwest, said curve having a delta of 10°44'44", a radius of 1516.00 feet and a length of 284.32 feet; 17. thence South 57°32'41" West 490.00 feet; 18. thence South 62°13'00" West 82.10 feet; 19. thence South 64°48'50" West 82.23 feet to a point on the West boundary of Section 33; thence North 00°10'30" West 2607.68 feet along West boundary of Section 33 to a 3" Brass Cap stamped "LS 3525 marking the West'/4 Corner of Section 33; thence continuing along the West boundary of Section 33, North 00°24'40" West 2640.71 feet to the point of beginning. Containing 228.69 acres. The Basis of Bearings for this description is the West line of the Southwest quarter of Section 33, shown as N 00 10'30"Win book 153 Maps, page 42. LAFCo Exhibit 2 ~~ a f ~~ o a _ _ ~,~ __ ~.rr,, ~ w 1, 4 O .~. - - -- o Z 4 2LL S U U ~~ ~ V1 p ,~ _ 1 W, t f ~ a ~a~ s, E Cy ,w,o> ~', ~'~ ~ a'' 3` ~ ~ ¢ V z 2 3 ~ 2 i O o00 0 3: ~ ff v p£ i ~ O ~~u y "~ 3 ~ w ~ z m ~~ .'k w ~ ~ w o ~ o ~R '^i a w /' - e F w S ~~ gy=m N 8 N w"' _ s --- i _ -~~ w ~~ rc g .~~~ i _. .-- -- ~a, r~ _...o~ry _ _.._ _^_o .-_-Ar6C92 __-._ 3.[GOi.SeN ~ ...ems.. wwr ."> i n ' ~+ , N of ~ o~F b;~~ ~~ {F 2A 2.. \UO^ n D o2o is . ~U~ `h v.~ y ~'. W v2 ~¢p ~ w =Oq tip ~~ Orv E C .nn W°n ~' J V ~Jl-^ a •.~ a~K ~) `~ /i I _ t ~,_ ~/^~,_1y a o o f ~ ~ hu:i ;~~~.. y~ /T ~ 3. L~ 7 w o _~ do i / / / ~1 \ ry JI ~~ U W.~ ~..\ b~ a / ! i --- -~ .~:1 ~ ~~:, ~o - - __ w~ d _ p } w a ~LL ~ I ~o ~ r si -- 3 a I' ;! o, c. _ sg ~ Q a 1 °s __ ~ s ,I ~~ ~ ~ ~^' --' i __~ _. _. ._. 3 ~~ ~; - W 2Q l ¢~ II i ~iT __ ~ ~ ~~ e - h,N ' $ am~ y+ntC` I. ~~` k ~ ¢~ l ~... ¢ C ,~ \ r K, . ; Vn 4 %: - _- -. 202 n M1 ~ W W 1 _ ". i6'lefl 3.lLSU.6 [6 X19 ~ 2Q~ _- __ - -_.__- BNB . _. .._ - ain LAFCo Exhibit 3 Page 1 _ _ k _ -- -m 2 O 5 O ~ ~~ti 2 Q ~., w a ~2~ ~ °oa a g o ~ m _w _ 3Ntl7•~N71N X ~ -~ -_'1 W •'~ •\ •\ •\ •\ •\ _ •.~ '•~ ~~ ~~ -- - - -- .~\ <~,\:~ \ X111 ~~ ~~ ~~ .\ \ \ 1` w 1 ~ ~1 w ,1 1 , ww `~~I. 3¢ .1 ~ 11 ~ ,1 ,,.`,_ ~ •~~ B ~1 :l' w ~~\ /~4~~i i' ~ ` 1 0 •\ __ , 1 ••~ 1 h t ~ \ ~ '~ / O rv'^i \ /' . ~ j d ~ \ i p _ % ~ ~ v •\ S. ti ro \ ••\ I O 1, . ~ '-~ \\ C ~`. ~ •\i ~._~ ° ~ y' ~a ~ ~ ~ ~'~~. ~•. ~_ ~. ~ ~ ~ /aa ~ •,~ ~ ~, °~v v j~Jp o ~ O .~'~ O '.~ \ o -_ by ~~~`, o o \ \ ti a\ ~ ~. r 'd\\~ O ~ O ti ~ 1 Q o m O .. ~ ~\1 I O O N 'b N O !. \~ I N ~ ~ o ~ ~ ~ F '~,~~. o ~ g ~''.~ ~ ' ~ ~. z, ~ ~ - WI k` k ~. _ _ Jo ~ ~ O J W ~ o \ '. J ~ 0 0 ;;: ® r ~ ~~ ~1 p O O O LAFCo Exhibit 3 Page 2