Loading...
HomeMy WebLinkAbout99-121~~'`Q'g ~SUfl~'~'. « i :O~ j ~~i '~^ ~ 1 i ~ ~ ^ 7~ . ~ ' ~~i rr~ ~•. w ..[. )~~ '~.. ~ouK"~.•. CQU:ttiITY OF ;I~tlTTE, STATE OF CALIFORNIA ~t~'S:~l~(ttityll w 99-121 RE%SOLUTION APPROVING THE ANNEXAT[ON TO COUNTY SERVICE, AREA NO. 24 (CHICO MUD GREEK DRAINAGE} WHEREAS, on December 28, 1965, the Board of Supervisors of the County of Bette, State of California, adopted and passed Resolutiai~ No. 65-135 establishi~~Ig County Service Area No. 24 (Chico Mud Creek Drainage), and WHEREAS, pursuant to Title Iii, Division 11, Part 2, Chapter 2.2 of the Government Code of the State ofCalifornia, commencing with Section 25210.1, the County of Butte has petitioned the Local Agency Formation Commission for the annexation of 4.8 acres of private property to County Service Area Na 24; and WHEREAS, on August 6, 1998, the Butte Local Agency Formation Commission passed and adopted Resolution No. 24 1997198 making determinations and approving the annexation to County Service Area No. 24 to correct the lines of assessment to match existing property lines and to spread the cost of~maintenance to those benefitting from the flood control project; and WHERE AS, the Local Agency Fornation Commission has found t11e project to be a General Rule Exemption under the Califo~-~~ia Environmental Quality Act per Section 15061; and WHEREAS, pursuant to Government Code Section 25210.1 ~, the Board of Supervisors of the County of Butte may approve said annexation to Coiu~ty Service Area No. 24 after proper not~ee and hearing; and WHEREAS, the State Board of Equalization requires payment of a filing fee for any change of organization. NOW, THER[:EORE, BE IT RESOLVED and ordered by the Butte County Board of Supervisors as follows: 1. Said Board hereby finds and determines that the proceedings herein were conducted pursuant to Section 25210,1 et scy. of the Government Code. 2. Said Board hereby dete~7»ines to approve the annexation to County Service Arca No. 24 (C'hico Mud Creek Drainage) as specified below. 3. The short form designation of these proceedings are: 98-13 -Annexation to C.S.A. ?~o. 24 (Chico Mud Creek Drainage). 4. The reason for said proposal is to correct the lines of assessment to match existing property lines and to spread the cost of maintenance to those benefitting from the flood control project. 5. Parcels to be annexed are identified as APN's 007-550-066, 007-550-068, 007-550-075, and 007-550-078. 6. The boundaries of the annexation to County Service Area No. 24 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. 7. The property owners are to be refunded any overpayment of taxes. State Board of Equalization fees shall be paid by the C ounty of Butte. 9. Butte Co~-nty is designated the conducting authority and the legislative body thereof is hereby directed to initiate proceedings in compliance with the LAFC'o Resolution No. 24 1997!9, and in accordance with Government Code Section 57000 et secy. 1 ~). T11C ~ Ic-"k Ofthe Boa-'d -S allth0l'IZed and dIPCCtCd t0 filC a Certlfled COpy Of t111S CCSOllltlon With the Executive tJfficer of the Butte Local Agency Formation Commission. l 1. 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, aper-parcel service charge shall be levied against all the parcels within County Service Area No, 24. 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 property tars are collected and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for such taxes. All laws applicable to the levy, collection and enforcement ofcounty ad valorem 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 transfe----ed or conveyed to a bona fide purchaser far value, or if a lien of a bona fide encumbrancer for value has been created and attaches thereon, prior to the date on which the first installment of said taxes would become delinquent, the charge confirmed shall not result in a lien against such real property but instead shall be transferred to the unsecured roll for collection. 12. Cu-7-ently, there is no additional charge to fund the drainage services within County Service Area No. 24. Any new and/or increased charges would need to be processed in accordance with the provisions of Proposition 218. PASSED AND ADOPTED by the Butte County Board of Supervisors this 24th d~iy of August , 1999, by the following vote: AyF.S: Supervisors Beeler, Houx, Josiassen, Davis and Chair Dolan NOES: None ABSENT: None ABSTAINS: None JANE DOI.AN, Chair Butte County Board of Supervisors ATTEST: JOHN BLACKLOCK, Chief Administrative Officer and Clerk of the Board of Supervisors ' ;- "i !' i r'' i ~' '1'~ ,~ - ~_ _`'~ By, / ~ L. - eputy LAFCo 98-13 Exhibit A Annexation to County Service Area {CSA) 24 All that certain real property situate in the unincorporated area of the Caunty of Butte, State of California, more particularly described as follows: Being a portion of the nartheast quarter of Sectian 5, Township 22 North, Range 1 East, MDM, also being a portion of lots 17, 18 and 26 as shown on the Meadowlark Acres Unit 2 Subdivision Map, recorded May 6, 1988 in Baok 108 of maps at Pages 89 through 91, more particularly described as follows: Commencing at the centerline-centerline intersection of Garner Lane and Nighthawk Way, which is also on the westerly boundary of the Northeast Quarter of above referenced Section 5 and the boundary of the aforementioned GSA 24, thence; 1. North 00° 34' 03" West along said centerline of Garner Lane and the boundary of CSR 24, 160' more or less to the center-north 1/16th corner of said Section 5, being a point on the northerly boundary of said CSA 24 and the true point of beginning for the herein described parcel, thence; 2. Leaving said boundary of CSA 24, continuing North 00° 34'03" West along said centerline of Garner Lane, 179' mare or less to a point which bears South 89° 10' 36" West from the northwest corner of 17 of the aforementioned Meadowlark Acres Unit 2 Subdivision, thence; 3. Leaving said centerline of Garner Lane, North 89° 10' 36" East, 30' more ar less to the northwest corner of said lot 17, thence; 4. North 89° 10' 36" East along the northerly boundaries of said lat 17 and 18, 423.00' to the northeast corner of said lot 18, being a point on the westerly line of said lot 26, thence; 5. North 00° 34' 03" West along the westerly boundary of said lot 26, 35.48' to the northwest corner of said lot 26, thence; 6. South 80° 14' 51"East along the northerly line of said lot 26, 316.03' to the northeast earner of said lot 26 and the westerly right of vvay line of Nighthawk Way, being a point on anon-tangent curve concave to the southeast, thence; 7. Southwesterly along said boundary between said lot 26 and right of way line of Nighthawk Way and said curve which has a Radius of 1070', a Long Chard bearing South 09° 16' 47" West 17.66' and a radial bearing of South 80° 14' 51"East, through a central angle of 00° 56' 45" a distance of 17.66' to a point of tangency, thence; 8. Continuing along said boundary between said lot 26 and right of way line of Nighthawk Way, South 08° 48' 24" West 129.30' more or less to the south line of the northeast quarter of said Section 5 and the northerly line of said CSA 24, thence; 9. Leaving said right of way line of Nighthawk Way, South 88° 16' 40" West, along the south line of the northeast quarter of said Section 5 and the northerly line of said CSA 24, 740' more ar less to the true point of beginning. The above-described parcel contains 3.1 acres more or less. The basis of bearings for this description is the Meadowlark Acres Unit 2 Subdivision Map, recorded May 6, 1988 in Boak 108 of maps at Pages 89 through 91.