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HomeMy WebLinkAbout99-094O SUp `t~A~~C'~C~~'' ~Uf~~RV1~C~~5 Courvrv o~ ~Ut~`'E, sT~Y~ , o~ ~.rt~o~Ni~ RF,SOLUTION APPROVING ANNEXA"T[ON "TO COUNTY SERVICE. AREA NO. 24 CHICO MUD CREEK DRAINAGE WHEREAS, pursuant to Title III, Division II, Part 2, Chapter 2.2 of~the Covernrnent Code of the State of California, commencing with Section 25210.1, Drake Homes has petitioned the Local Agency Formation Commission ("LAFCO")for the annexation of the Foothill Park East Subdivision to County Service Arca No. 24 (C11ico Mud Creek Drainage); and WHEREAS, on J~IIy 1, 1999, the LAFCO adopted and passed Resolution No. 32 1908/99 llla~{ing deter111111r1t1onS and appl'O1'ing the annCxatl011 O~ the }"OOt~ll~~ Palk East SUbdl~'lSlOn 10 County Service .Area No. 24; aild WHERF..4S, the LAFCo has certified that it has reviewed and considered tllc I~nvironmental Impact Report prepared by the City of Chico and adopted by the City of Chico Planning Commission on June 2, 1997 which does not identify any significant impacts associated with the annexation. The LAFCo finds no sufficient grounds to require supp]ementing the environmental docu~z~ents prepared by the City of Chico. NOW, "THEREFORE, BF, rT RESOLVF,D r3Y THE. I3OARl) OF SUPF,RVISORS OF THE COUNTY OF BU1'"TE, STATE OF CALIFORNIA, as follows: 1 . Said Board hereby finds and determines that the proceedings herein were conducted pursuant to Section 25210.1 et. sc~r~. of the Government Code. 2. The subject area includes approximately 137 acres ofprivate property and is assigned the following distinctive short term designation: 99-18 -Reorganization -Annexation to C.S.A. No. 24 (Chico Mud Creek Drainage). 3. The proposed annexation is legally uninhabited (less than 12 registered voters) and 17as Llnan1I110LIS landOWnCr COllsent. 4. The reason for the annexation to County Service Area No. 24 (Chico Mud Creek Drainage) is to utilize district drainage facilities as a condition of subdivision approval for residential development of the property. 5. Parcels to be annexed are APN's 048-020-060 and 048-020-061. G. The B~-tte County Board of Supervisors shall schedule a public hearing regarding this annexation as required. 7. The two parcels identified in this annexation will be detached from Calmly Service Area No. 1 14 (Chico Urban Area Nitrate) as the stormwater drainage and sewer planning function of this C.S.A. will be assumed by the Ciiy of Chico. 8. The boundaries of the annexation to said County Service Area No. 24 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. 9, In accordance with the provisions of Government Code Section 2~210.77(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 Arca No. 24. Each parcel shall be assessed an individual service charge based upon bendit. Said charge shall appear as a separate item on the tax bill and shall be collected at the same time and i-1 the same manner as ordinary County ad valorem taxes are collected and shall he 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 e-lforcement of Ca~u~ty ad valorem taxes shall be applicable to such charge, except that i f 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 for collection. 10. Currently, there is no additional charge to fund the drainage services within County Service Area No. 24. Any new andior increased charges would need to be processed in accordance with the provisions of Proposition 21$. 1 1. All Butte County and State of California fees must be paid in full by the landowner prior to filing the Certificate of Completion. 12. Butte County is designated the conducting authority and the legislative body thereof is hereby directed to initiate proceedings in compliance with the LAFCo Resolution No. 32 199899, and in accordance with Goverment Code Section 57000 et secy. 13. The Clerk of the Board is authorized and directed to file a certified copy of this Resolution with the Executive Officer of the Butte Local Agency Formation Commission. PASSED AND ADOPTED by the Board of Supervisors of the County of Butte, State of California, on the 27th day of .Tuly _ , 199~~, by the following vote: AYES: Supervisors Beeler, Dolan, Roux, Josiassen, and Chair Dolan NOES: None ABSENT: None ABSTAINS: None 4 ~" 1 __ 1JANE OLAN Chair of the $uttc County Board ol~Supcrvisors ATTEST: JOHN BI.ACKLOCK, Chief Administrative Officer and Clerk of~thc Board of Sup_et-visors B~,. /'~ i~ - ~-~ ~ ~ 3 EXHIBIT "A" ANNEXATION TO COUNTY SERVICE AREA NO. 24 FOOTHILL PARK EAST SUBDIVISION All that certain real property situate in the City of Chico, County of Butte, State of California described as follows: Parcel E and a portion of Parcel D as described in "Certificate of Merger No. 12 for Boundary Line Modification No. 37" recorded in the Office of the County Recorder of the County of Butte, State of California in Book 2871 of Official Records at Page 61 more particularly described as follows: COMMENCING at the centerline intersection of East Avenue and Marigold Avenue (1} THENCE North 00°56'15" West along the centerline of Marigold Avenue, a distance of 2640.00 feet to the True Point of Beginning, said point being the southeasterly corner of said Parcel D and the southwest corner of said Parcel E; (2} THENCE South 89°03'45" West along the south line of said Parcel D, a distance of 1321.04 feet to the southwest corner of said Parcel D; {3) THENCE North 00°56'15" West along the westerly line of said Parcel D, a distance of 470.00 feet to the beginning of a tangent curve concave to the east; {4} THENCE continuing along said westerly line and along said curve having a radius of 600.00 feet, through a central angle of 27°00'00", an arc length of 282.74 feet, with a chord distance of 280.13 feet; (5) THENCE continuing along said westerly line, North 26°03'45" East, a distance of 300.00 feet to the beginning of a tangent curve concave to the west; (6} THENCE continuing along said westerly line and along said curve having a radius of 600.00 feet, through a central angle of 64°00'00", an arc length of 670.21 feet, with a chord distance of 635.90 feet; {7} THENCE continuing along said westerly line, North 37°56'15" West, a distance of 250.00 feet to the beginning of a tangent curve concave to the east; (8) THENCE continuing along said westerly line and along said curve having a radius of 600.00 feet, through a central angle of 33°00'00", an arc length of 345.58 feet, with a chard distance of 340.82 feet; {9) THENGE continuing along said westerly line, North 04°56'15" West, a distance of 519.55 feet to the northwest corner of said Parcel D; (10} THENCE North 68°34'39" East along the north line of said Parcel D, a distance of 31.29 feet; (11) THENCE leaving said north line, South 04°56'15" East, a distance of 432.15 feet; (12) THENCE South 68°01'05" East, a distance of 1098.08 feet; (13} THENCE North 79°25'52" East, a distance of 734.37 feet; Page 1 of 2 K.`F'ro,ec(s1971821CSA24ANNEX DSCwpd wpa (14} THENCE South 89°53'48" East, a distance of 259.76 feet; {15} THENCE North 59°36'07" East, a distance of 208.74 feet to a point on the northeasterly line of said Parcel D; (16) THENCE South 45°34'18" East along said northeasterly line and the northeasterly line of said Parcel E, a distance of 2489.29 feet; (17) THENCE South 00°37'30" East along the easterly line of said Parcel E, a distance of 282.00 feet to the southeast corner of said Parcel E; (18) THENCE South 89°03'45" West along the south line of said Parcel E, a distance of 2502.78 feet to the True Point of Beginning; The above-described parcel contains 137.13 acres, more or less. Prepared By: i ael S. Byrd Q40FESSipy,_ R.C.E. 28998 G~,PEt. 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