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HomeMy WebLinkAbout92-096WHEREAS, 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 Con~nission ("LAFCO") for establishment of County Service Area No. 143; and WHEREAS, on the 2nd day of July, 1992, LAFCO adopted and passed a resolution making determinations and approving the establishment of County Service Area No. 143; and WHEREAS, said resolution adopted and passed by LAFCo authorized the Board to conduct proceedings for the establishment of County Service Area 143 without notice and hearing and the Board may proceed in such manner pursuant to Government Code Section 25210.4; and WHEREAS, pursuant to Government Code Section 25230.14 the Board of Supervisors ("Board") of the County of Butte may approve said County Service Area without notice of hearing. 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. The 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 143 is 92-37 - CSA #143 -Forrest Young. 5. The following types of services are hereby found #a be extended County services and are to be provided within said area: street lighting, storm drainage maintenance and bike path maintenance. b. In accordance with the provisions of Government Code Section 25210.77a and Butte County Code Sections 21.85 through 21.90, aper-parcel service charge shall be levied against all the parcels within County Service Area No. 143. Eaeh 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 mariner 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. A11 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 #axes. 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. 7. Said County Service Area is established for all purposes subject only to compliance with the requirements of Chapter S (commencing with Section 54900), Part T, Division II, Title V of the Government Code and subject to the provisions of Article 2.5 (commencing with Seetion 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 4th day of August 1992, by the following vote: AYES: Supervisors McInturf, Roux, Fulton and Chair Dolan NOES: None ABSENT: Supervisor McLaughT i n NOT VOTING: iVone ~DOLAI~JChair of the Butte ounty Board of Supervisors ATTEST: JOHN S. BLACKLOCK Chief Administrative fficer and Clerk f the Board o ~, Supervisors f BY # DESCRIPTION FOR COUNTY SERVICE AREA All that certain real property situate in the State of Califor- nia, County of Butte, described as follows: A portion of Lot 41, as shown an that certain Map entitled, "Fourth Subdivision of the John Bidwell Rancho", which Map was recorded in the office of the Recorder of the County of Butte, State of California, on October 1, 1900, in Book 5 of Maps, at Page 26, and more particularly described as follows: COMMENCING at the centerline intersection of Tiffany Way and West 12th Avenue; Thence along the centerline of said West 12th Avenue North 61°02`00" East a distance of 618.76 feet to the southwesterly cor- ner of said Lot 41; Thence leaving the centerline of said West 12th Avenue and along the easterly line of said Lot 41, North 28°58'00" West a distance of 30.00 feet to the northerly line of said West 12th Avenue and the True Point of Beginning; Thence continuing along the easterly line of said Lot 41 North 28°5$'OQ" West a distance of 409.61 feet to the northeasterly cor- nei~ . of said Lot 41; TYience along~~the northerly line of said Lot 41 South 61°02'QQ" West a distance of 275.00 feet to the northeasterly corner of that. certain Parcel as disclosed in Deed to Robert W. Peters, et ~' ux, .recorded March 29, ].961, in Book 1106, Page 485, Official Retards;, Thence along the easterly line of said Peters Parcel as above referred to South 28°58'00" East a distance of 264.59 feet; Thence leaving the easterly line of Peters Parcel Narth 61°02'00" East a distance of 150.00 feet to a point; Thence South 28°58`00" East a distance of 145.02 feet, more or less, to a point on the northerly line of said West 12th Avenue; Thence along the northerly line of said West 12th Avenue North 61°02'00" East a distance of 125.00 feet to the point of begin- ning; Containing 2.09 acres, more or less. EXHIBIT "A" RESOLUTION NO. 92-35 RESOLUTION OF THE LOCAL AGENCY FORMATION COMMISSION OF THE COUNTY OF Bi3T'TE, MAIQNG DETERMINATIONS AND APPROVING THE ESTABLISHMEN'r,OF TERRITORY DESIGNATED AS 92-37 -FORMATION OF COUNTY SERVICE AREA NO. 143 - FORREST YOUNG -FOR STREET LIGHTING AND STORM DRAINAGE MAIlVTENANCE RESOLVED, by the Local Agency Formation Commission of the County of Butte, State of California, that a petition for the proposed formation in the County of Butte was heretofore filed by Forrest Young and accepted for filing on June 1$, 1992, by the Executive Officer of this Local Agency Formation Commission pursuant to Title b, Division l., commencing with Section 56000 of the Governmen# Code; and WHEREAS, the Executive Officer, pursuant to Government Code Section 56$28, set July 2, 1992, as the hearing date on this proposal aad no public hearing is required as 100% signature was obtained; and the Executive Officer, pursuant to Government Code Section 56833, has reviewed this proposal and prepared a report including his recommendations thereon, and has famished a copy of this report to each person entitled #o a copy; and WHEREAS, this Commission held a hearing on July 2, 1992, 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 56$41. WHEREAS, this Commission has noted that Butte County as lead agency for this project has adopted a Mitigated Negative Declaration of Environmental Impact. NOW THEREFORE, the Local Agency Formation Commission of the County of Butte DOES HEREBY RE50LVE, DETERMINE AND ORDER, as (allows: Section 1. Subject to the terms and conditions hereinafter specified, said proposal is approved. A_ Note that the Commssion has reviewed and considered the Negative Declaration of Environmental Impact with mitigations adopted by the Board of Supervisors and a Notice of Determination filed on September 25, 1991. B. Adopt a Resolution approving the formation of County Service Area #143 for street lighting, storm drainage maintenance and bike path maintenance. Section 3. The boundaries of the County Service Area proposed to be formed are hereby approved as described in Exhibit "A" attached hereto and made a part hereof by this reference. Said temtory is found to be uninhabited, and is assigned the following distinctive short form designation: 92-37 -Formation of County Service Area No. 143 -Forrest Young. Section 4. The Board of Supervisors is designated the conducting authority and the legislative body thereof is hereby directed to initiate formation proceedings in compliance with this Resolution, and in accordance with Government Code Section S7a00 et seq. Section 5. The Executive Officer is hereby authorized and directed to mail certified copies of this Resolution in the manner and as provided in Section 56H53 of the Government Code. The foregoing Resolution was introduced at a regular meeting of the Local Agency Formation Commission on July 2, 1992, by Co~*ni~aioner Qwens, who moved its adoption, seconded by Commissioner Hubb, and ordered adopted by the following vote: AYES: C©mmissioners Owens, Fraser, Dolan, Hubb, McLaughlin and Chairman Leverenz NOES: None ABSENT: Commissioner Brown NOT VOTING: None CARL~~ _~VERENZ, C Butte County Local Agency Formation Commission -R.{E FQFIEC3ahi+iG II~STRUMEM' i5 A CO~iREC~ COPY OF 7}~E OR}GiNAL ON FILE AN[3 OF RECORD IN Tf-iiS OFFICE. A1TE5~: 18 ~y~ Klq ER xecutive O[iic4r ei t`~n iaiitta Covr.2~ Local Ag~~c;y :=ormatian r Commission. j eputy By N fii'G. E 275.OD' BIKE-PEDEST(RI~AN PATHZ/ / Vs4 ~~`~ / / / ..y~ sawn r- ~a ++n, s ~ m ~ ~ ~ ~ ~ m M. % 1171uA+R.D i I J~ ~ W ~~0~ ~"1f \ 1'70 9CN! ~ ~ ~ m LEGEND i- -~----mow - PROPERTY BOUHAARY LJNE ® -PROPOSED S74RA1 DRPJN A4ANHOLE -' PROPOS£b STREET iJC7iT, t00W HPS - .PROPOSED STORM DRIUN ANb INLET P.O.C. -POINT OF CpµAIENCE1~lENT ~ ,. T,P.O.B. -TRUE POINT OF 9EGINNING }. ~ -SEEPAGE TRENC41 Z Q l.L 1 ~o ~, o -~r----- - I ~ -~ -- ' N 131ro2'00" E x18.773 P.o.c. W. 12th AVE ~ ~~ £EPAGE TRENCH I O .P.0.73. N2e•s~'ao„ w 3a.oo' -~ ~-+-- MAP SNOWENG THE BaUNDARY QF THE A#iEA ANNEXED TO COUNTY SERVICE AREA No. AP ~ 43-61-23 A ,toB ~ 721CSA2 ~~~. /