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HomeMy WebLinkAbout90-074._. 4 ~~ ~ • 4` tc ,~ ~:0~' ~' ~' '~~ ~~ BOARD OF SUPERVISORS .uc; ~. ~* ' *~ COUNTY QF BEJTTE, STATE OF CALM=ORNIA :tea ~ : y: '-. C ~ °,: ~_,,• ~ Resolution No. 90-74 +~;sssrra~i-s~ RESOLUTION ESTABLISHIN UNTY SERVICE AREA NO. 129 WHEREAS, pursuant to Title III, Division II, Part 2, Chapter 2.2 of the government Code of the State of California, commencing with Section 25210.1, the County of Butte has petitioned the Local Agency Formation Commission ("LAFCO") for establishment of County Service Area No. I29; and WHEREAS, on April 5, 1990, LAFCo adopted and passed a resolution making determinations and approving the establishment of County Service Area No. 129; and WHEREAS, said resolution adopted and passed by LAFCo authorized the Board to conduct proceedings for the establishment of County Service Area No. 129 without notice and hearing and the Board may proceed in such a manner pursuant to Government Code Section 25210.4; and WHEREAS, pursuant to Government Code Section 25210.14 the Board of Supervisors ("Board") of the County of Butte may approve said County Service Area without notice of hearing. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of Butte, State of California, as follows: 1. Said Board hereby finds and determines that the proceedings herein were conducted pursuant to Section 25210.1 et seq. of the Government Code. 2. The Board hereby determines to establish said County Service Area without notice and hearing. 3. T'he ~ boundaries of said County Service Area are 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. The name of said County Service Area is 90-29 - County Service Area No. 129 -Orchard House Estates. 5. The following types of services are hereby found to be extended County services and are to be provided within said area: Street lighting and storm drainage maintenance. 6. In accordance with the provisions of Government Code Section 25210.77a and Butte County Code Sections 21.$5 through 21.90, a per- parcel service charge shall be levied against all the parcels within County Service Area No. 129. Each parcel shall be assessed an individual service charge based upon benefit. Said charge shall appear as a separate item on the tax bill and shall be collected at the same time and in the same manner as ordinary County ad valorem taxes are collected and shall be subject to the same penalties and the same procedure and sale in the case of delinquency as provided for such taxes. All laws applicable to the levy, collection and enforcement of County ad valorem taxes are collected and shall be subject to the same penalties and the same procedure and sale in the case of delinquency as provided for such taxes. All laws applicable to the levy, collection and enforcement of County ad valorem taxes shalt be applicable to such charge, except that if real property to which such charge relates has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrancer, for value has been created and attached thereon, prior to the date on which the first installment of said taxes would become delinquent, then the charge confirmed shall not result in a lien against said real property, but instead shall be transferred to the unsecured roll for collection. 7. Said County Service Area is established for all purposes subject only to compliance with the requirements of Chapter 8 (commencing with Section 54900), Part I, Division II, Title V of the Government Code and subject to the provisions of Article 2.5 (commencing with Section 25210.21), Chapter 2.2, Part II, Division II, Title III of the Government Code of the State of California. PASSED AND ADOPTED by the Board of Supervisors of the County of Butte, State of California, on the 15th day of May 1990, by the following vote: AyE$; Supervisors McInturf, Dolan, Uercruse and Fulton NOFS: None ABSENT: Supervisor McLaughlin NOT VOTING: None ~,~ ~~ ~ .~ ED MCLAUGHLIN, C airman of the Butte County Board of Supervisors ATTEST: William H. Randolph Chief Administrative Officer and Clerk of the Board of Supervisors by a~ EXHIBIT "A" All that certain real property situate in the County of Butte, State of California, described as follows; ' Being a portion of Lot 26 of the Second Subdivision of the John Bidwell Rancho, also being Parcel 1 as shown in Book 88 of Parcel Maps, at Page 39 on file in the office of the Butte County Recorder, more particularly described as follows; BEGINNING at the northeast corner of said Lot 1, said corner being marked by a 5 / 8 " rebar tagged R . C . E . 2 9 I13 and located on the south line of West Sacramento Avenue; Thence leaving sand Point of Beginning along said south line North 90 00' Ofl" West, 611.15 feet; Thence following a curve to the left along a radius of 20.Ofl feet, through a central angle of 90 Ofl' 00", a distance of 31.42 feet to a point on the east Line of Bidwell Avenue; Thence along said east line South 00 Ofl' Ofl" East, 613.19 feet; Thence leaving said east line of Bidwell Avenue No=th 89 59' 29" East, 631.15 feet; Thence North fl0 Ofl' 00" West, 633.05 feet to the Point of Beginning, ._. Containing 9.17 acres, more or less. Page 3. o f 1 ~~ ~9 RESOLUTION N0. 90-32 RESOLUTION OF THE LOCAL AGENCY FORMATION COMMISSION OF THE COUNTY OF BUTTE, MAK3NG DETERNIINATIONS AND APPROVING THE ESTABLISHMENT OF TERRITORY DESIGNATED AS 90 29 -FORMATION OF COUNTY SERVICE AREA NO. 129 - ORCHARD HOUSE ESTATES SUBDIVISION FOR MAINTENANCE OF STREET LIGHTS AND STORM DRAINAGE RESOLVED, by the Local Agency Formation Commission of the County of Butte, State of California, that WHEREAS, a petition far the proposed formation in the County of Butte was heretofore filed by Ron Caporale and accepted for fling on February 23, 1990;.~by the Executive Off cer of this Local Agency Formation Commission pursuant to Title b, Division 1, commencing with Section 56000 of the Government Code; and WHEREAS, the Executive Officer, pursuant to Government Code Section 56828, set April 5, 1990 as the hearing date on this proposal and no public hearing is required as 100% signature was obtained; and WHEREAS, the Executive Officer, pursuant to Government Cade Section 56833, has reviewed this proposal and prepared a report including his recommendations thereon, and has furnished a copy of this report to each person entitled to a copy; and WHEREAS, this Commission held a hearing on~Apri15, 1990, considered the proposal and the report of the Executive Officer, and considered the factors de#ermined by the Commission to be relevant to this proposal, including, but not limited to, factors specified in Government Code Section 56841. NOW THEREFORE, the Local Agency Formation Commission of the County of Butte DOES HEREBY RESOLVE, DETERMINE AND ORDER, as follows: Section 1. Subject to the terms and conditions hereinafter specif ed, said proposal is approved. THE ~tt.C~C?lt~f: t~~c~!?! )A"•~'nrr ~~ q !:n~?aECT COFK qF __. _ ATTEST: l~ _.._~~ ~._. 19 . -__~~ B~TTYEKfRCHHFI ~xecu6ve Cit=_::r :•f.i;-le t3~=:*.e Cour-ty Lora! Agency Farrrtation ~ . Comm n. ~ . Section 2. 'The boundaries of the county service area proposed to be formed are hereby approved as described in Exhibit "A" attached hereto and made apart hereof by this reference. Said territory is found to be uninhabited, and is assigned the following distinctive short farm designation: 90-29 - FORMATION OFCOUNTY SERVICE AREA # 129 -ORCHARD HOUSE ESTATES SUBDIVISION. Section 3. The Board of Supervisors is designated the conducting authority and the legislative body thereof is hereby directed to ir>itiate formation proceedings in compliance with this resolution, and in accordance with Government Code Section 57000 et seq. Section 4. The Executive Officer is hereby authorized and directed #o mail certified copies of this resolution in the manner and as provided in Section 56853 of the Government Code. The foregoing resolution was introduced at a regular meeting of the Local Agency Formation Commission on Apri15, 1990, by Commissioner Sears who moved its adoption, seconded by Commissioner Allen ban ordered adopted by the fallowing vote: AYES: NOES: ABSTAIN: NQT VQTING: Commissioners Sears, Allen, Brown, McInturf, and Chairman Leverenz None C`-nmmissinner Dolan 'i}-f& FaFifCOIN© INuTi~ItJM!<MT 15 A CDRf~ECT CORY dF THE QA1GlNAL t]AE FILE AND OF RECORD ilk THIS OFHCE. A1'T<;ST: ~~ ~~ B~l'TYEKiRCFiER a:xec~rtlve OitiC,:- of the 9utte _. -~ County ~ Agency FomTatlon ~ ~~ Butte County Local Agency Formation Cornmissian EXHIBIT "A" All that certain real property situate 3.n the County o f Butte, State of California, described as follows; ' Being a portion. of Lot 26 of the Second Subdivision of the John Bidwell Rancho, also being Parcel 1 as shown in Back 88 of Parcel Maps, at Page 39 on file in the office of the Buttes County Retarder, more particularly described as follows, BEGINNING at the northeast corner of said Lot I., said corner being marked by a 5 / 8 " rebar tagged R. C. E . 29113 and located on the south Line of West Sacramento Avenue; Thence leaving said Paint of Beginning along said south line North 90 00' 00" West, 63.1. Z5 feet; Thence follow3.nq a torte to the left along a radius of 20.00 feet, through a ceritzal angle of 90 00' 00", a distance of 31.42 feet to a point oz~. the east line of $idwell Avenue; Thence along said east line South 00 QO' 00" East, 613.19 feet; Thence leaving said east line of Bidwell Avenue North 89 59' 29" East, 633..1.5 feat; Thence North 00 00' 00" West, 633.09 feet to the Paint of $eqi-nning, Containing 9.1T acres, more or less. Page 3. of I 0~ j 4 90-074 Large Map Available to Look at Upon Request