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r~r~s~7~ttfi~~ti -V~~. 99-81
RESOLUTION APPROVING THE SPHERE OF INFLUENCE AMENDMENT AND
ANNEXATION TO COUNTY SERVICE AREA NO. 13'7
DURHAM-DAYTON INDUSTRIAL, PARTNERS
WHEREAS, pursuant to Title III, Division II, Part 2, Chapter 2.2 of the Goverment Code
of the State of Califr~i-~Zia, commencing with Section 25210.1, Andrew and Margo Wood has
petitioned the Board of Supervisors of the County of Butte for the annexation of the North Valley
Building Systems, identified as Assessor Parcel Number 0~0-490-008, to County Service Area No.
1'37 (Durham-Dayton Industrial Partners); and
Vb'HEREAS, on March 4, 1999, the Local Agency Formation Commission ("LAFCo")
passed and adopted Resolution No. 23 1998199 making determinations and approving the annexation
of the North Valley Building Systems to County Service Area No. 137; and
V~'HEREAS, LAFCo has certified that the Sphere of Influence Amendment and annexation
of the single parcel is Categorically Exempt from the California Environmental Quality Act per
Section 1531.9, Annexations of Existing Facilities; and
WHF,REAS, said Resolution adopted and passed by LAFCo authorised the Board of
Supervisors of the County of Butte to conduct a Property Owner Ballot Proceeding and Public
Hearing regarding the annexation pursuant to Proposition 218 and to adopt a resolution confirming
the service charges which have been approved to be levied on each parcel of real property within the
annexation area prior to the filing of the Certificate of Completion; and
WHEREAS, the Board of Supen~isors of the County of Butte conducted a Property Owner
Ballot Proceeding and Public Hearing on March 9, 1999 and a majority of the ballots submitted were
in favor of the proposed service charge being established; and
WHEREAS, the Board of Supervisors o f the County of Butte passed and. adopted Resolution
No. 99-40 establishing a maximum service charge for fiscal year 1999-2000 and for fixture fiscal
years in the amount of $1,000.00 per parcel of real property to be annexed to said County Service
Area No. 137, as shown on the cun-ent tax roll; and
WIIEREAS, a service charge up to the maximum rate of $1,000.00 per parcel of real
property shall be unposed on the property, identified as Assessor Parcel Number 040-490--00$, upon
its annexation to County Service Area No. 137; and
WHEItEt1S, the application for the annexation to County Service Area No. 13"7 has 100°l0
signature of the property owners, and. this Board is therefore authorized to proceed without holding
a public hearing.
NO\~V THEREFORE, BE IT RESOI,v'EIJ~ gY THE BOARD- OF SI_tI'ER~VISORS OF
THE COUNTY OF BUTTE, STA'T'E OF CALIFORNIA, as follows:
1. Said Board hereby finds and determines that the proceedings herein were conducted
pursuant to Section 25210.1 et. sec7. of the Government Code,
2. Said Board hereby determines to annex the North Valley Building Systems to said County
Service ,Area loo. 137 (Durham-Dayton Industrial Partners) without notice and hearing.
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3. Said Board hereby finds that the Sphere of Influence Amendment and annexation of the
single p.:~rcel is Categorically Exempt from the California Environmental Quality Act per Section
15319, Annexations of Existing Facilities, as the parcel is presently developed with an industrial use
building which is consistent with the Butte County General Plan designation on the parcel.
4. The subject area includes approximately 2.37 acres of private property and is assigned the
following distinctive short term designation.: 99-11 -Annexation to C.S.A. No. 1.37 (Durham-Dayton
lndustrial Partners).
5. The parcel to be annexed is Assessor Parcel Number 040-490-008.
6. The boundaries of the annexation to said County Service Area No. 137 are hereby finally
detern~ined and established to be the same as shown on Exhibit "A" attached hereto anal incorporated
herein and made a part hereof by this reference.
7. The reason for the annexation to C. S.A. No. 137 (Durham-Dayton Industrial Partners)
is to provide structural fire pi°oteetion services to said parcel.
8. In accordance with the provisions of Govertlment Code Section 25210.77(a) 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. 137. 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 for
value, or if a lien of a bona fide encumbrance 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 far collection.
PASSED AND ADOPTED by the Board of Si~ipervisors of the County of Bi,~tte, State of
California, on the _ 22nd
day of .Tune
1999, by the following vote:
AYES: Supervisors Beeler, Houx, Josiassen, Davis and Chair Dolan
1LTOES: None
ABSENT: None
ABSTAINS: None
ATTEST:
JOHN BLACKI,()CK,
Chief Ikdministrative C)ificer and
Clerk of the Board of Supervisors
_.~
;~
JAIV~,E DOLA~i, Chair
of the Butte County Board of Supervisors
a
99-T l
ANNE~iATION TO CSA NO. 137
(SPRAY CH:EMIWOOD)
EXHIBIT "A"
All that certain real property situated in projected portion of Section 26, T.21 N., R.2 E.,
M.D.M., and being a portion of the Rancho Esquon, located in the County of Butte, State
of California being more particularly described as follows:
Beginning at a point on the southerly right of way line of Keenan Court, the same as
shown upon a Parcel Map for Dan and Jean Hays, filed April 25, 1983 in Book 92 of
Parcel Maps at Pages 63 and 64 in the OfTice of the Butte County Recorder, from which
the east '/a corner of the above mentioned Section 26 bears South 88°40'25" East, a
distance of 3008.06 feet; thence from the said point of beginning (1}South 27°00'09"
West, a distance of 385.82 feet, more or less to the center line of Pepsi Way; (2}thence
North 52°40'27" West, a distance of 543.38 feet, more or less along the center line of
Pepsi Way to the southerly right of way line of the above mentioned Keenan Court;
(3)thence North 88°39' 10" East, a distance of 607.43 feet, more or less to the point of
beginning.
Containing 2.37 acres, more or less.