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HomeMy WebLinkAbout94-100'~•. ,,;,~ '; :~ RESOLUTION FOR FORMATION OF COUNTY SERVICE AREA NO. 159 OAK HIGHLANDS SUBDIVISION WHEREAS, pursuant to Title III, Division II, Part 2, Chapter 2.2 of the Government Code of the State of Galifornia, commencing with Section 25210.1, Steve Lotti has petitioned the t_ocal Agency Formation Commission ("LAFCO") for the formation of County Service Area No. 159 (Oak Highlands Subdivision); and WHEREAS, an August 4, 1994, LAFCO adopted and passed Resolution #94-02 making determinations and approving the formation of County Service Area No. 159; and WHEREAS, a Negative Declaration with mitigation measures was adopted by the Butte County Board of Supervisors on March 23, 1993; and WHEREAS, LAFCo has certified that it has reviewed and considered the Negative Declaration with mitigation measures and that there are no sufficient grounds to require supplementing it; and WHEREAS, the application for the formation of CSA #159 has 100°lo signature of the property owners, and this Board is therefore authorized to proceed without holding a public hearing; and 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 Cade. 2. Said Board hereby determines to approve the formation of CSA #159 -Oak Highlands Subdivision as specified below. A. Maintenance and operation of all services designated by this County Service Area shall be performed under contract by qualified service providers. B. The CSA shall provide adequate resources for compliance with all monitoring and other Regional Water Quality Control Board Waste Discharge Requirements. C. The CSA shall provide adequate resources andlor a mechanism to insure adequate funding of a major sewage treatment and a disposal facility replacement or reconstruction if necessary. 3. The boundaries of the formation of said County Service Area 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. The name of said Formation is 94-29 -Formation of County Service Area No. 159 -Oak Highlands Subdivision. 5. The following types of services are hereby found to be extended County services and are to be provided within said area: maintenance of the common area, storm drains, roads, sewer system, fire flow system, and street lighting. 6. In accordance with the provisions of Government Code Section 25210.77a and Butte County Code Sections 21.85 through 21.90, and following a public hearing thereon, a per-parcel service charge shall be levied against all the parcels within County Service Area No. 159. 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 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 far 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 formed for all purposes subject anly to compliance with the requirements of Chapter $ 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 13tH day of s~ptember 1994, by the following vote: AYES: Supervisors Meyer, Dolan, Houx, Thomas and Chair rlcLaughlin NOES: None ABSTAINS: None ABSENT: None ,~ ~.~ ~~~ `~ ED MCLAUGHLIN, Ch man of the BUTTE COUNTY BOARD OF SUPERVISORS ATTEST: JOHN BLACKLOCK, Chief Administrative Officer and Clerk of the Board of Supervisors ,, 1 ~; I by' ~. ~ i~ All that certain real property situate in the County of Butte, State of California, described as follows Being Parcels 2 and 3 as shown on that certain map filed for record in Book 55 of Parcel Maps, at Pages 70,71,72, and 73, situate in Sections 23 and 26, T. 23 N., R. 1 E., M.D.M., mare particularly described as follows; BEGINNING at the southwest corner of said Parcel 2, said Point of Beginning being located on the easterly right-of-way line of Cohasset Road; Thence leaving said Point of Beginning along said easterly right- of-way line and the west line of said Parcel 2, North 00°05'41" West, 478.83 feet to the northwest corner of said Section 26; Thence continuing along said west line of Parcel 2 and the west line of said Parcel 3, North 00°00'42" East, 1201.54 feet; Thence North O1°11' 50" West, 800.00 feet to the northwest corner of said Parcel 3; Thence leaving said easterly right-of-way line of Cohasset Road along the north line of said Parcel 3, South 89°59'18" East, 1594.76 feet to the northeast corner of said Parcel 3; Thence along the east line of said Parcel 3, South 00°34'01" West, 823.46 feet to the beginning of a curve to the right; Thence following said curve along a radius of 300.00 feet, through a central angle of 48°06'03" a distance of 251.86 feet; Thence continuing along said east line of Parcel 3 and the east line of said Parcel 2, South 08°36'37" West, 1465.14 feet to the southeast corner of said Parcel 2; Thence along the south line of said Parcel 2 South 89°54'19" West, 1217.89 feet to the Point of Beginning. Containing 81.12 acres, more or less. The above described property has been assigned Assessor's Parcel Numbers 047-23-0-059 and 060. Exhibit "A" Page 1 of 1 0 O O O Q Q 3 o 0 Z i i 7 i R ~ 300.00' p :48'06'03" L a 251.86' h ~I o~ N N 7 Z .. J m i O Q v 5. 89'54'19" W. TRUE POINT 4F BEGINNING COUNTY SERV/CE AREA ~ FOR MAINTENANCE OF COMMON AREA, ROADS, STREET LIGHTING, SEWER SYS- TEM AND FIRE FLOW SYSTEM. BEING PARCELS 2 6 3 AS SHOWN IN BOOK 55 PARCEL MAPS, PAGE 72. Nc~rthStar CIVIL ENGINEERS • PLANNERS • SURVEYORS 20 DECLARATION DRIVE • CHICO, CALIFORNIA 95926 ENGINEERING ~ 1916) 893-1600 S. 89'59'18" F_. 1594.76' LOCATION r1AAP Nc fat.