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Home My WebLink About95-031RESOLUTION FOR FORMATION OF COUNTY SERVICE AREA NO. 161 MULBERRY STREET LIGHTING WHEREAS, pursuant to Title III, Division 11, Part 2, Chapter 2.2 of the Government Code of the State of California, commencing with Section 25210.1, the Butte County Board of Supervisors has petitioned the Local Agency Formation Commission ("LAFCO") for the Formation of County Service Area No. 161 (Mulberry Street Lighting); and WHEREAS, on July 7, 1994, LAFCO adopted and passed Resolution #93-66 making determinations and approving the Formation of County Service Area No. 161; and WHEREAS, the Formation is covered by the General Rule Exemption per Section 15Q61(b)(3) of the State Guidelines for Implementation of the California Environmental Quality Act (CEQA~; and WHEREAS, LAFCo has certified that it has reviewed and considered the Notice of Exemption prepared by the Butte County Development Services Department, Planning Division, and filed on June 22, 1994, and there are no sufficient grounds to require supplementing the environmental document; and WHEREAS, pursuant to Government Code Section 25210.14, the Board of Supervisors ("Board") of the County of Butte may approve said Formation of County Service Area No. 161 after proper public notice and hearing. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF BUTTE, STATE OF CALIFORNIA, as follows: 1. Said Board certifies that it has reviewed and considered the Notice of Exemption prepared by the Butte County Development Services Department, Planning Division, filed on June 22, 1994, and there are no sufficient grounds to require supplementing the environmental document. 2. Said Board hereby finds and determines that the proceedings herein were conducted pursuant to Chapter 2.2 of Part 2 of Division 2 of Title 3 of the Government Code commencing with Government Code Section 25210.1, and in particular with Article 2 thereof commencing with Section 25210.10, and with Part 4 of Division 3 of Title 5 of the Government Code commencing with Section 57000. 3. Said Board hereby determines to approve the Formation of County Service Area No. 161 {Mulberry Street Lighting) as specified below. A. Per Section 15061 (b}(3} of the State Guidelines for implementation of the California Environmental Quality Act (CEQA), this activity is covered by the General Rule Exemption. This proposal will not cause a significant adverse effect on the environment. B. The Board has determined that a need for service exists and that the lack of service creates a demonstrated threat to the public health and safety of the community. C. The Board has determined that there are special circumstances which apply to this project that justify approval. These special circumstances are as fiollows: 1. Thera are no feasible or logical alternatives to providing these services. Therefore, the only way to provide these needed services is to form a district. 4. The boundaries of the Formation of said County Service Area No. 161 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. 5. The name of said Formation is 94-33 -Formation of County Service Area No. 161 (Mulberry Street Lighting). 6. The following type of service is hereby found to be an extended County service and is to be provided within said area: street lighting maintenance. 7. In accordance with the provisions of Government Code Section 25210.T7a and Butte County Code Sections 21.85 through 21.90, and following a public hearing thereon, a per-parcel service charge shall be ferried against all the parcels within County Service Area No. 161. 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 shalt be subject to the same penalties and the same procedure and sale in the case of delinquency as provided #or such taxes. All laws applicable to the levy, collection and enforcement of County ad valorem property taxes shall be applicable to such charge; except that, if for the first year such charge is levied the 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. 8. Said County Service Area is formed for all purposes subject only to compliance with the requirements of Section 57100 et. seq., Part IV, Division I[I, of the Government Code and subject to the provisions of Article 2.5 commencing with Section 25210.21, Chapter 2.2, Part [I, 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 14th day of February , 1995, by the following vote: AYES: Superv3.sors Meyer, Dolan, Houx, Thomas and Chair McLaughla.n NOES: None ABSTAINS: None ABSENT: done C t ED MCLAUGHLIN, Ch irman of the BUTTE COUNTY BOARD OF' SUPERVISORS ATTEST: JOHN BLACKLOCK, Chief Administrative Officer and Clerk of the Board of Supervisors by: COIINTY SER4ICE AREA 161 5-464-001 5-464-006 5-471-002 5-464-007 5--471-003 5-464-008 5-471-004 5-464-012 5-471-005 5-464-013 5-471-006 5-464-014 5-471-008 5-464-015 5-471-009 5-464-016 5-471-010 5-471-019 5-465-001 5-471-D20 5-465-002 5-471--024 5-455-003 5-471-025 5-465-004 5-471-028 5-465-005 5-471-02~ 5-465-006 5-471-034 5-465-DD8 5-471-435 5-465-009 5-473.-036 5-465-010 5-471-037 5-465-012 5-4'71-038 5-465-013 5-471-039 5--465-014 5-465-015 5-472-001 5-465-016 5-472-002 5--465-017 5-472-003 5-465-018 5-472-004 5-465-019 5-472-005 5-465-021 5-472 -006 5-465-022 5-472-007 5-472-008 5-466-001 5-472-009 5-466-002 5-472-010 5-466-008 5-472-011 5-466-009 5-472-012 5-466-010 5-472-D13 5-466-011 5-472-014 5-466-012 5-472-015 5-466-013 5-472-016 5-466-D14 5-472-017 5-466-015 5-472-018 5-466-019 5-472-019 5-466-020 5-472-020 5-466-021 5-472-021 5-466-022 5-472-022 5-467 -001 5-473-001 5-467-002 5-473-003 5-467-003 5-473-004 5-467-004 5-473-005 5-467-007 5-473-006 5-467-008 5-473-007 5-467-011 5-473-008 5-473-010 5-473-011 5-473-012 5-473-013 5-473-014 5-473-015 5-473-016 5-473-017 5-473-018 5-473-020 5-473-021 5-490-006 5-490-008 5--490-009 5-490-017 5-490-020 5-490-022 5-490-023 5-490-024 5-490-025 5-490-031 5-490-037 5-490-050 5-490-052 5-490-053 BOIINDARY DESCRIPTION COr]'NTY SERVICE AREA NO. 161 All that portion of that certain subdivision entitled "Mulberry Tract Subdivision, No. 1," recorded in Map Book 6, Page 90 also being a portion of Lots 1, 3, and 5 of the Carly Tract Subdivision recorded in Map Book 8, Page 14, in the Office of the County Recorder of the County of Butte, State of California, mare particularly described as follows: Parcel 1 Beginning at the point of intersection of the Northeasterly right of way line of Fair Street with the Southeasterly right of way line of E. 21st Street, said point also being the most Westerly corner of Lot 11 of Block 7 of the said Mulberry Tract; thence from said point of beginning along said E. 21st Street right of way N 35° 48' E, 726.16 feet to its point of intersection with the Southwesterly right of way line of Elm Street, said point also being the most Northerly corner of Lot 11 of Block 9 of said subdivision; thence along said Elm Street right of way S 54 ° 12' E, 100 feet to the most Northerly corner of Lot 9, of said block; thence along the Northwesterly lot line of said Lot, S 35° 4$' W, 120 feet to the most Westerly corner of said lot; thence along the Southwesterly lot line of Lots 9, 8, 7 and 6, S 54° 12' E, 200 feet to the most Southerly corner of Lot 6 of said Block 9; thence along the Southeasterly line of said Lot 6, N 35° 48' E, 120 feet to the Southwesterly right of way line of Elm Street; thence along said right of way S 54° 12' E, 85.05 Feet; thence leaving said right of way, N 35° 48' E, 316.22 feet to a point on the Northerly line of Lot 1 of the Carley Tract, said point bears N 88 ° 57' E, 423 .47 feet from the most Westerly corner of said Lot 1; thence Pram said point along said lot line N 88° 57' E, 482.86 feet; thence continuing along said lot line N 89° 37'E, 100.39 feet; thence leaving said lot line S 35° 53' 30" W, 225.71 feet; thence S 00° 40' E, 274.93 Feet; thence S 35° 53' 3D" W, 183.D feet, to the Southwesterly right of way line of Elm Street; thence along said right of way and its Southeasterly extension, S 54° 06' 30" E, 307.52 feet to the Southeasterly right of way line of E. 23rd Street and the westerly lot line of Lot 3 of the Carley Tract; thence along said lot line S 35° 54' W, 60.0 feet to the mast Northerly corner of that parcel of land, as described in the Deed from Melvine McKinney to LeRoy McKinney recorded January 22, 1953 in Book 658 of Official Records at Page 506; thence along the Northeasterly lot Tine of said parcel S 54° 06' E, 75.0 feet; thence along a line 75.0 feet Southeasterly of and parallel with the Westerly lot line of said Lot 3, 5 35° 54' W, 418.0 feet to a point, said point being on the Northeast line of that certain parcel described in Book 1947 of Official Records at Page 90, dated October 26, 1974; thence S 54° C6' E, 211.80 feet to a point on the Southerly lot line of said Lot 3; thence along said lot line, N 89° 19' 34" E, 1.28.11 feet, to the m•~st Easterly corner of Parcel I of that parcel map recorded in Book 93 Maps of Record at Page 50; thence along the Southeasterly line of said Parcel 1, S 39° 04' 32" W, 369,49 feet, to the most Southerly corner of said. Parcel 1; thence N 54° O1' W, 164.80 feet; thence S 48° 22' 32" W, 137.11 feet; thence N 44° 00' 32" W, 47.25 feet; thence S 43° 39' 21" W, 46.30 feet; thence N 45° 52' 40" W, 40.47 feet; thence S 42° 10' 50" W, 81.25 feet to the Northeasterly right of way line of Fair Street; thence along said Fair Street right of way N 41° 44' W, 1,374.49 feet more or less to the point of beginning. Parcel 2 A portion of Lot One of the Carley Tract according to the Official Map thereof, filed in the office of the Recorder of the County of Butte, State of California on the 6th day of November 1917 in Book 8 of Maps, at Page 14, and being more particularly described as follows: Beginning at the above said most Westerly corner of Lot ~. of the Carley Tract; thence along the Northeasterly right of way line of Elm Street; South 54° 12' East 230.95 feet to a point; thence North 35° 48' East 173.78 feet to a point on the Northerly line of said Lot 1 that bears North 88° 57' East from the point of beginning; thence South 88° 57' west 286.01 to the paint of beginning. 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