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HomeMy WebLinkAbout99-141BOARD E:)~ SUPERV15-0RS COUNTY OF BUTTE, STATE OF .CALIFORNIA: Resolution No. 99-141 RESOLt~'hION Olr'I'HE SUPERVISORS OF THE COUN~1'Y OF BUTTE ORDERING 't'HF, DISSOLUTION OF 'i'HE LIME SAUDLE GOMMUM'I'Y SERVICES llIS'I'RIC'T SUI3JN=CT `hO CONFIRMt~TION OI+ THE VOTERS WHERL;AS, a proposal for the dissolution of the Limc Saddle Community Services District (the "District") located in the County of Butte ("County") was heretofore initiated by a petition of landowner registered voters, and the Executive Officer of the Local Agency Formation Commission (LAFCo) issued a Certificate of Sufficiency for said dissolution petition on September 22, 1998, all pursuant to Title 5, Division 3, commencing with Section 56000, of the Government Code; and WHEREAS, LAFCo held ~- public hearing that was continued 1i•om time to time, and heard, discussed and considered all oral and written testimony related to the proposal, including, bait not limited to, the report and recommendation o1~ the Executive Officer, the environmental determination, spheres of influence, and applicable general plans, and considered the factors determined by the Commission to be relevant to this proposal, including, but not limited to, factors specified in Government Code Section 5f~841; and t~~'Hh.REAS, LAFCo found the dissolution to be categorica]ly exempt from the California Environmental Quality Act ("CEQA") and filed a ;Notice of Exemption; and WHEREAS. LAFCo adopted Resolution 29 199811999, attached hereto as Exhibit A, approving the dissolution of the District, and forwarded a copy thereof to the Board of Supervisors of the County as the Conducting Authority far the dissolution proceeding; and WHEREAS, LAFCo authorized the Board of Supervisors to order dissolution of the District without an election; and WHEREAS, the Board of Supervisors conducted a properly noticed public hearing on September 14, 1999, in compliance with California Government Cade Section 57002, and received and considered all oral and written testimony related to the proposal, including, but not limited to, the LAFCo administrative record, the reports and recommendations of the LAFCo Executive Officer and the County Counsel, the environmental determination, spheres of influence, and applicable general plans; and 1 NOW,'I'HEREFORE, the Board of Supervisors of the County of Butte DOES HEREBY RESOLVE, DE~I'ERMINI: AND ORDER as follows: This action is taken by the Board of Supervisors as the conducting authority pursuant to the Cortese/Knox Local Government Reorganization Act of 1985, and in particular the provisions thereol commencing with Section 57000 of the Government Code. ?. The. change of organization heing acted upon by this Resolution is the dissolution of a district, namely, the Lime Saddle Community Service District. 3. The Board oi~ Supervisors, as a Responsible Agency, has independently reviewed and considered the environmental findings adopted by LAFCo, pursuant to CEQA Guidelines I50.50(b), and the Board agrees that the dissolution is Categorically Exempt Pram em~ironmental review per CEQA Guidelines ~ 15320, which states that a Class 20 categorical exemption consists of changes of organization or reor~~anization of local governmental agencies where the changes do not change the geographical area in which previously existin~T powers were exercised. 4. The Board of Supervisors received written protests from land owners and registered voters of the District. The value of the valid written protests filed and not withdrawn is as follows: 35.9°,l0 0l~ the registered voters, and .32tIo of the landowners owning.? 1.2C°1o ol~ the assessed value of land. _5. The Board of Supervisors orders the dissolution of the District, the te~7-itory of which is described in Exhibit "B" attached hereto and depicted on a map attached hereto as Exhibit "C", subject to canfirrnation by the rc~~istered voters within the District. 6. The dissolution of the DISt1iC will not affect any other governmental jurisdiction's ability to provide water service or any other public service within the area. The dissolution shall be subject to all the terms and conditions set forth in LAFCo Resolution 29 1998199, which Resolution is attached hereto as Exhibit A. The dissolution shall also be subject to the following specific measures, which are consistent with LAFCo's action and which are hereby adopted to create an appropriate mechanism for finding and implementing a solution to the water problem in the Lime Saddle Area, and to assure a continuation of the effort to solve the water supply needs of the Lime Saddle Community, with trust monies. a. The County Water Commission Ridge Subcommittee and Technical Advisory Committee shall exercise oversight, provide technical advice, and promote collaborative solutions to the ParadiselRid~e short-term and longer-term unmet water needs, pursuant to County Water Commission Resolution 99-0 l ;and 2 b. The Subcommittee shall assume lead public agency status, in conjunction with the County Administrative Office and the County Department of Water and Resource Conservation its grant application(s) and related studies/proposals pertinent to meeting the water supply needs of ratepayers currently served by the Del Oro Water Company ("Del Oro") and its subsidiaries, including both those within the District and those within Del Oro"s Upper Ridge service areas, and shall consult with the Paradise I~7~igation District, as appropriate, and r1n appropriate contractual rel~~itionship between the County and the Del Oro shall be negotiated with conditions addressing relevant concerns of the parties and the public; and d. The County Counsel's Office is directed to contact the State of California Department of LVater Resources and effect any procedu~ al changes necessary for the County to replace the District as the agency secondarily responsible for payment of the Davis-Grunsky Loan. c. Upon approval of the Board of Supervisors, the monies held in the trust fund established by Resolution 98-i61 shall be made available to fund the activities of~ the Subcommittee and other County departments described in subsections 8 a and b above. The County rluditorlController is directed to place future AB 8 allocations that. would except for this dissolution ~o to the District into the trust fund established pursuant to Resolution 98-161 to be used for improvement of the water supply to serve the existing users within the District and the Spring Valley School. 9. The reasons for ordering this dissolution include, but are not limited to, those set forth in the following findings, which are hereby adopted: a. "I'he only allowed service provided by the District was the supply of domestic water to residents within the District ("Evaluation of the Lime Saddle Community Services District," August 1998, a report prepared by Brahman and Associates (`Brahman report"), Pages 9- 11, LAFCo administrative record ("LAFCo record")). b. The District sold all of its water delivery assets and obli~utions to the Del Oro and, therefore, has no service area or services to provide that would be of substantial benefit to the residents of the District (Brahman report, Pages 9-11, and "Evaluation of the Lime Saddle Community Services District," November 1998, a supplemental report prepared by Braitmun ("Brahman supplemental report"), Page ~, LAFCo record). The District has no full-time or permanent employees and has undertaken very 3 few activities, until recently, as reflected in the build up of district reserves (Brahman report, Page 20, LAFCo record). d, 'hhe District's only source of revenue is its residual ,~B8 apportionment of property tax replacement revenue, approximately $38,000 per year, and interest on unspent monies (Brahman report, Pages 18-19, LAFCo record). The District no longer owns a portion of the water allocation purchased from County, as the water allocation was conveyed to the Del Oro (LAI~Co September 28, 1995 Request for Proposals for the Evaluation of the Lime Saddle Community Services District, Brahman report, Pages 9-I I, and Brahman supplemental report, Page 4, LAFCo record). The District has no water conveyance system or water processing facilities. ~Il such facilities are now owmed by the Del Oro and the residents directly pay Del Oro for water service {Brahman report, Page 10; Brahman supplemental report, Page 4, L~FCo recordj. The California Public Commission ("PUC") approved the District's sale of its facilities to the Del Oro and established a service area for Del Ciro with boundaries the same as or substantially the same as the boundaries of the District (Brahman report, Page I0, and Bruitman supplemental report, Page 4, LAFCo record). While the District may remain secondarily liable for the Davis-Grunsky Loan, the contingent obligation is transi~errable and can be assumed by the County. That secondary liability is not a sufficiently significant function to justify continuance of the existence of the District, especially since such liability can be transferred to the County {Brahman report, Pages 9-11, LAFCo record). The Bo~u~d recognizes the efforts of the District to develop a function through its interest in sponsoring the proposed Lime Saddle/Pentz Water Main Inertie Project ("the Interne Project"). However, the Board finds that this interest does not provide a substantial benefit to the residents of the Lime Saddle community sufficient to justify the continued existence of the District, and may be an impediment to a proper solution to water supply needs, for the following reasons: The need for additional water and water delivery systems is a regional problem of the entire Paradise Ridge area, not just Lime Saddle. In fact, evidence provided with respect to funding of the project clearly indicates that the cost of the Interne Project can only be justified and shared equitably if the cost is spread to residents outside of the Lime Saddle area (Brahman supplemental report, Pages 4-5, LAFCo record). Because of the regional nature of the problem, an agency of wider jurisdiction such as the 4 County or County Water Agency is the more appropriate entity to be sponsoring such a project if it cannot be solved by the private water company which provides service to the area. The ability and scope of the District to properly carry out the Intertie Project, given its limited resources, is problematic. The continuation of the District as a separate agency requires substantial public expenditure just to keep it going, yet District revenues are limited and insufficient to s~lpport the District if it is actively undertaking the proposed Intertie Project. Since the Intertie Project can be evaluated and implemented by other existing public agencies, there does not appear to be justification for burdening the public with the continued expense of this limited benefit District, "I`he USDA Rural Development has made a determination that the Intertie Project is commercially feasible without public financing. Although the District Board has argued that it is providing a service of substantial benefit to its residents by planning and facilitating the Intertie Project, it has not been able to obtain funding necessary to build the pipeline, and its request for funding has been denied. See letter of June 17, 1999, from United States Department of Agriculture Rural Development manager Ronald Tackett, LAFCo record. The District's water service function has been transferred to a private company, which has been granted the exclusive water service area by the PUC. The Board of Supervisors does not believe it appropriate for orderly government to have a public agency with duplicative services overlay this same service area. m. The dissolution of the District will not affect any other Governmental jurisdiction's ability to provide water service or any other service within the area. I0. Based on the findings above, the Board orders the dissolution of the Lime Saddle Community Service District, subject to an election, as follows: a. A special election is hereby called upon the question of the dissolution of the District. b. The territory affected by said election is all the territory within the boundaries of the District. The date of the election shall he March 7, ?000. d. The question to be submitted to the registered voters residing within the District shall be substantially as follows: "Shall the order adopted an September 2~, 1999, by the Board of Supervisors of the County of Butte ordering the dissolution of the Lime Saddle Community Services District be confirmed, subject to the terms and conditions specified in the order'l" Yes No Said election shall be consolidated with the statewide primary election to be held on March 7, 2000, and shall be held and conducted by the County Clerk pursuant to the procedures specified in Chapter 6 of Part 4 of Division 3 of Title 5 of the Government Code, commencing with Section 57125, and Part 3 of Division 10 of the Elections Code, commencing at Section 10400. The precincts and polling places shall be designated as specified in Elections Code Section 10410. To confirm the dissolution of the District, a majority of those eating in the election must vats "Yes" in favor of dissolution. g. For pu-poses of the conduct of the election, all references in the applicable statutes to the "clerk" shall mean the Butte County Clerk, who is the County elections official. 1 1. Upon dissolution of the District, the following shall be done: All real and personal property of the District shall be transfe---~ed to the County along with all insurance policies covering such property, and such insurance coverage shall continue until it is canceled in w--iting by the County. b. The Auditor's office is directed to pay from the proceeds of the District all remaining District obligations and costs of dissolution as follows: r111 proper remaining outstanding expenses of the District. ?. ill L;1FCo fees and charges for all services rendered in processing projects 98-33 and 9~-33R as submitted to the Auditor by the Executive C~fficcr, including legal c~~~unsel fees, and State of California fees. 'hhe usual and necessary costs of the Auditor's Office incurred in monitarin~ funds transfe-7~ed to the Caunty from the District. Tl~e Caunty General Services Department is directed to proceed with the sale of the property and building located at _5291 Pentz Road, Paradise. All monies derived from the sale of the property and building are to be placed in the trust fund established by Resolution 98-161. d. The regular County assessment roll will be used tar the property in the affected tcn-itorv. e. 'The affected territory will not he faxed for ~~eneral bonded indebtedness of the District. f. The County Deportment of VVatcr and Resource Conservation shall secure and store all records of the DisU~ict for a period of not Iess than two years. 1?. 'hhe Board of Supervisors I~urthcr adopts and incorporates by reference herein all oi~ the findings and determinations mridc, by the Butte LAFCo in Resolution '?9 1998/99 in connection with this proposal; provided, however, that the Board makes no finding or determination regardin~~ non-use of corporate powers of the District. l3. The Board ol~ Supervisors hereby directs the Clerk of the Board to transmit a certii~ied copy oi~ lhis resolution to the LAFCo Executive Officer. PASSI?U ANU ADOY'I'I?D by the Board oi~ Supervisors ol~ the County of Butte, on this 28th day ol~ September 1999 by the following vote: :1YES: Supervisors Beeler, Houx, Josiassen, Davis anal Chair Dolan NO[?,S: None r1I3SI?,NT: None r1I3S'l'AINS: None t_ J~ B C' ATTEST: John S. Blacklock, Clerk of the Board VE DULRti', Chair ~11'd OI SUpCI`V1S01'S ~mtv of Butte 7 !~ RESOLUTION NO. 29 1998/99 RESOLUTION OF THE LOCAL AGENCY FORMATION COMIYIISSION OF THE COUNTY OF BUTTE ivIAKING DETERi'~IINATIONS A'~tD APPROVING THE DISSOLUTION OF TERRITORY DESIGNATED AS 98-33R -DISSOLUTION OF THE LIME SADDLE COMMUNITY SERVICES DISTRICT RESOLVED, by the Local Agency Formation Commission of the County of Butte, State of California, that WHEREAS, a proposal for the dissolution of the Lime Saddle Community Services District located in the County of Butte was heretofore filed by a petition of landowner registered voters, and accepted by the Executive Officer of this Locai Agency Formation Commission pursuant to Title 5, Division 3, commencing with Section 56000 of the Government Code; and ~~TIEREAS, the Local Agency Formation Commission voted to dissolve the Lime Saddle Community Services District on February 16, 1999; and WHEREAS, a proposal for the reconsideration of the dissolution of the Lime Saddle Community Services District located in the County of Butte was heretofore filed by the Lime Saddle Community Services District and accepted by the Executive Officer of this Local Agency Formation Commission pursuant to Title 5, Division 3, commencing with Section 56000 of the Government Code; and WHEREAS, the Executive Officer, pursuant to Government Code Section 56837, set May 6, 1999, as the hearing date on this proposal and gave the required notice of public hearing; and tiVIIEREAS, the May 6, 1999 public hearing was continued to June 3, 1999; and WHEREAS, the June 3, 1999 public hearing was continued to July 1, 1999; and WHEREAS, the Executive Officer, pursuant to Government Code Section 56833, has reviewed this proposal and prepared a report including her recommendations thereon, and has furnished a copy of this report to each person entitled to a copy; and tti'HEREAS, this Commission held a public hearing on July 1, 1999, and considered the proposal and the report of the Executive Officer, and considered the factors determined by the Commission to be relevant to this proposal, including, but not limited to, factors specified in Government Code Section 56841; and NO~V, THEREFORE, the Local Agency Formation Commission of the County of Butte DOES HEREBY RESOLVE, DETERtiIINE AND ORDER, as follows: IXrIIBiT li RESOLUTION NO. 29 1998/99 Section L CEQA Findings 1.1 The Categorical Exemption is per CEQA Guidelines § 15320, which states that a Class 20 categorical exemption consists of changes of organization or reorganization of local governmental agencies where the changes do not change the geographical area in which previously existing powers were exercised. 1.2 The Class 20 Categorical Exemption is appropriate as the Lirne Saddle Community Services District sold all of their water delivery assets, contractual water rights, and other obligations to the Del Oro Water Company. 1.3 The area in which Lime Saddle provided water service now receives water service from the Del Ora Water Company and the District provides no other substantial services. 1.4. Measures have been included in the conditions concerning dissolution to assure that the monies and other assets transferred from the District shall be used to resolve the water problems of the Lime Saddle area, which in effect will improve the water delivery to the entire Ridge area. Section 2. Petition Findings A sufficient petition pursuant to Government Code § 5679 was submitted to LAFCo to properly initiate this proceeding for dissolution of the Lime Saddle Community Services District. 2.1 On August 25, 1998, a petition was received by the LAFCo Executive Officer signed by three or more registered voters within the Lime Saddle Community Services District. 2.2 Petitioners, in the petition, stated that, in their belief, the District has been in existence for three years preceding the date the first signature was placed on the petition and that during said period the Board of Directors of the District has not furnished or provided services or facilities of substantial benefit to residents, landowners, or property owners within the district. 2.3 The petition was verified by the Butte County Elections Department on September 21, 1998. 2.4 LAFCo's Executive Officer issued a Certificate of Sufficiency on September 22, 1998.. 2 RESOLUTION NO. 29 1998199 Section 3. Section 56759 Findings for Non Use of Corporate Powers The Commission finds that the corporate powers of the District have not been used and that the Board of Directors of the District has not furnished or provided services or facilities of substantial benefit to residents, landowners or property owners within the meaning of Government Code §6759. The Commission adopts the following findings based on the following facts and sub-findings: 3. l The only allowed service provided by the Lime Saddle Community Services District was the supply of domestic water to residents within the District. 3.2 The Lime Saddle Community Services District sold all of its water delivery assets and obligations to the Del Oro Water Company and, therefore, has no service area or services to provide that would be of substantial benefit to the residents of the District. 3.3 The Lime Saddle Community Services District has no full-time or permanent employees and has undertaken very few activities, until recently, as reflected in the build up of district reserves. 3.4 That the District's only source of revenue is its residual AB8 allocation of property tax replacement revenue, approximately x,38,000 per year, and interest on unspent monies. 3.5 The Lime Saddle Community Services District no longer owns a portion of the water allocation purchased from Butte County, as the v~~ater allocation was conveyed to the Del Oro Water Company. 3.6 The Lime Saddle Community Services District has no water conveyance system or water processing facilities. All such facilities are now owned by the Del Oro Water Company and the residents directly pay Del Oro Water Company for water service. 3.7 The Public Utilities Commission approved the District's sale of their facilities to the Del Ora Water Company and established a service area for Del Oro. Current LAFCo policy would prohibit Commission approval of two agencies providing the same service within a single service area. 3.8 While the District may remain secondarily liable for the Davis-Grunsky Loan, the contingent obligation can be assumed by the County as discussed under Section 5 below. That secondary liability is not a sufficiently significant function to justify continuance of the existence of the District. 3 RESOLUTION NO. 29 1998199 Section 4. Government Code Section 57083(a~(1}Dissolution The Commission recommends the Board of Supervisors, as the conducting authority, find as required by Goverrunent Code §57083(a){1) that the corporate powers have not been used as specified in Government Code §56759, and that there is a reasonable probability that powers of the District will not be used in the future. LAFCo recognizes the very recent efforts of the District to develop a function through the sponsorship of the Lime SaddlelPentz Water Main Intertie Project ("the Intertie Project"). However, the Commission finds that the sponsorship of the Intertie Project does not provide a substantial benefit to the residents of the Lime Saddle community sufficient to justify the continued existence of the District for the following reasons: 4.1 The need for additional water and water delivery systems is a regional problem of the entire Paradise Ridge area, not just Lime Saddle. In fact, evidence provided with respect to funding of the project clearly indicates that the cost of doing the Intertie Project can only be justified if the cost is spread to residents outside of the Lime Saddle area. Because of the regional nature of the problem, an agency of wider jurisdiction, such as the County or County Water Agency, is the more appropriate entity to be sponsoring such a project, if it cannot be solved by the private water company which provides service to the area. 4.2 The Commission has concerns about the ability of the District to properly carry out this project, given its limited resources. 4.3 The continuation of the District as a separate agency requires substantial public expenditure just to keep it going. Existing District revenues are limited and are probably insufficient to support the District if it is actively undertaking the proposed Intertie Project. Since the Intertie Project can be handled by other existing public agencies, there does not appear to be strong justification for burdening the public with this continued expense, just for that project. The USDA Rural Development has made a determination that the project is commercially feasible without public financing. 4.4 The water service function has been transferred to a private company, which has been granted the exclusive water service area by the California State Public Utilities Commission. The Commission does not believe it appropriate for orderly government to have a public agency with duplicative services overlay this same service area. 4.5 The dissolution of the Lime Saddle Community Services District will not effect any other governmental jurisdiction's ability to provide water service within the area. 4 RESOLUTION NO. 29 1998/99 Section 5. General Findings of Dissolution The Commission further finds that even if there were not sufficient grounds for dissolution pursuant to GC §57083 and §56759, the District should be dissolved under the general provisions of the Cortese Knox Local Government Reorganization Act as applicable to district dissolutions. With the transfer of the District's water delivery system to a private water company, the primary purpose and function of the District ceased to exist. Continuation of the District in such circumstances does not promote the provision of orderly and logical public service, for all reasons stated in this resolution. Section 6, Successor Agency The District Board's current responsibility is to monitor the Del Oro Water Company's payment of the Davis-Grunsky Loan. The District Board is also looking for grant monies to aid the Del Oro Water Company in improving area water supply. 6.1 The Commission finds that the County of Butte is best suited to act as the Successor Agency to the Lime Saddle Community Services District and can best meet the obligations of a successor agency as identified in Government Code §56844(m) for the following reasons: A. The County is the only agency, among those considered, with sufficiently broad jurisdiction to address the regional water concerns that Lime Saddle citizens seek to salve. B. The Board of Supervisors of the County of Butte has shown a willingness to address the water concerns by adopting Resolution 98-161 directing future AB8 allocations that formerly went to the District into a trust fund to be used for improvement of the water supply to existing users within the Lime Saddle service area and Spring Valley School. C. The County of Butte has the financial and legal expertise in its staff to provide adequate oversight of the Del Oro Water Company's repayment of the Davis-Grunsky Loan. D. To further satisfy the concerns of the Lime Saddle residents that their tax money be spent for their benefit, and to assure that the water needs of the Ridge Community are addressed, the Commission adapts the following conditions with respect to transfer and use of the District funds and tax revenues: (1) The Commission transfers all District monies, including cash on hand and moneys due, but uncollected, land, building and all other personal 5 RESOLUTION NO. 29 1998/99 property, and any other District obligations to the County of Butte, subject to the requirement that the Board of Supervisors place all monies remaining after payment of District obligations in the trust fund established by the County for the District AB8 funds and to be used for the improvement of the water delivery system to benefit the residents of the Lime Saddle area. (2} All monies are to be used for the purpose of exploring the feasibility of various ways to most adequately improve water supply to the Lime Saddle area. Funds remaining after completion of feasibility studies are to be used for construction of the selected improvements. {3) The Board of Supervisors, by adoption of its Resolution as conducting authority to confirm the dissolution, agrees to actively work toward finding and implementing a solution to the water problem in the Lime Saddle area. (4) That, as part of its conducting authority Resolution, in connection with the dissolution, the Board of Supervisors adopt specific measures to create an appropriate mechanism to assure a continuation of the effort to solve the water supply needs of the Lime Saddle Community, with the trust monies. b.2 While the Intertie Project does have significant potential to address the area water needs, it is not the only possible solution, nor necessarily the best solution. Furthermore, the feasibility of the Intertie Project has not been confirmed. Therefore, the Commission does not believe it is wise to tie the hands of the successor agency; to limit use of funds only for the Intertie Project, as requested by the District Board. That decision must be left to the sound discretion of the successor agency. 6.3 The Commission recommends the Auditor's Office be reimbursed necessary charges for loan oversight from monies transferred to the County of Butte. 6.4 The Commission determines, pursuant to~~overnment Code §56844(t), that there are no authorized charges, fees, assessments or taxes, other than AB8 tax allocations, being collected by the Lime Saddle Community Services District to be transferred to the County of Butte as the successor agency. Section 7. Transfer of District Real and Personal Property per Government Code S§ 6844 Property owned by the Lime Saddle Community Services District consists of one parcel of land identified as 5291 Pentz Road, Paradise, and is approximately .75 acres in size. 6 RESOLUTION NO. 29 1998/99 The District also owns a 740 square foot building, constructed in 1955, that is located on their property. Personal property owned by the District has not been inventoried. 7.1 The Commission transfers all District owned real and personal property, including land and buildings, to the County of Butte. District real and personal property transferred to the County of $utte shall be sold, according to the County of Butte guidelines for the sale of property, and monies received are to be placed in the trust fund to be established for the improvement of the area water delivery system. Section 8. Discharge of District Employees per Government Code §56844(iZ The District has no permanent full or part-time employees. Services are provided by agreement or contract with apart-time secretary (who takes and transcribes minutes of District Board meetings), an attorney, an accountant, and a CPA for audits. Recently, the District retained a consulting engineer and a financial consulting firm. 8.1 The Commission finds that all District employees shall be discharged and all contractors terminated, effective on the day the Executive Officer records the Certificate of Completion. 8.2 The Commission further finds that no retirement rights, seniority rights, or other employee benefits and rights are due these employees. Section 9. Sphere of Influence The Conunission dissolves the Sphere of Influence for the Lime Saddle Community Services District for all of the reasons that justify dissolution as set forth in these findingso Section 10. Short Form Designation of Project The subject area includes approximately 2,750 acres of land as identified in Exhibit "B," is found to be inhabited, and is assigned the following short form designation: 98-33 - Dissolution of the Lime Saddle Community Services District. Section 11. Date of Dissolution The Commission, pursuant to Government Code §56844(k), extinguishes the function of the Lime Saddle Community Services Board of Directors on the date the Executive officer records the Certificate of Completion dissolving the District. 7 RESOLUTION NO. 29 1998199 Section 12. Payment of Fees All Butte County, Local Agency Formation Commission, and State of California fees must be paid by the successor agency, the County of Butte, from District assets transferred to the successor after the Executive Officer records the Certificate of Completion. Section 13. District Records All District records are to be transferred to the County of Butte, to be stored for a minimum of two years. Section 14. The boundaries of the territory proposed to be dissolved, as set forth in the proposal or as amended by conditions, are hereby approved as described in Exhibit "A" attached hereto and made a part hereof by this reference. Section 15. The County ofButte is designated the conducting authority and the legislative body thereof is hereby directed to initiate proceedings in compliance with this Resolution, and in accordance with Government Code Section 57000 et. seq. Section 16. The Executive Officer is hereby authorized and directed to mail certified copies of this Resolution in the manner anal as provided in Section 56863 of the Government Code. PASSED AND ADOPTED by this Local Agency Formation Commission of the County of Butte, on the 1st day of July, 1999, by the following vote: r~~'ES~ Commissioners Cook, Dolan, Evans, Ha11, Lambert and Chair Leverenz NOES: None ABSENT: Commissioner Beeler ABSTAINS: None Tf~f~ f~C~EtEtiO1Nl3 tN8TRt1MENT !S A CORRECT COP1- OR TFfE ®~fGINRL aN f-1p f'Jf RECORD IN ~IfS OFFICE. e~TTES'T:.~~.,,,~ ,.....,~,,,..11f q ~..~.r Paula t.essutt ~pM~ ,~° troeM t Butte Local Agency Formation Commission ~. ~ BOUNDARY DESCRIPTION FOR LIME SADDLE COMMUNITY SERVICE DISTRICT Those portions of Sections 30 and 31, Township 22 North, Range 4 East, M.D.B. & M, and Sections 6, 7, 17, 18, 19, 29 and 30, Town- ship 21 North, Range 4 East, M.D.B. & M, and Section 24, Township 21 North, Range 3 East, M.D.B, & M, more particularly described as follows; BEGINNING at the West one-quarter corner of Section 30, Township 22 North, Range 4 East, M,D.B. ~c M, also being the Southwest corner of West Feather River Estates, Unit ,~3, recorded in Book 24, Page 6, recorded July 27, 1959, Official Records of Butte County, California; THENCE from said point of beginning Easterly along the East-West centerline of Section 30 to a point on the westerly line of property described in deed from Feather River Land and Mining Company to State of California in Book 1305, Page 470, recorded April 1, 1964, Offi- cial Records, Butte County, California THENCE South 08°06'31" West to a point that is distant South 87°45'3©" West 291.10 feet and North 2$°32'06" West 882.12 feet from the Southeast corner of the Northeast one-quarter of the South- east one-quarter of Section 30, Township 22 North, Range 4 East; THENCE from said point South 28'32'06" East 882.12 feet to a point on the North line of the South one-half of the South ode-half of Section 30; THENCE South 87°45'30" West along said North line to the East line of the Southwest one-ouarter of the Southeast one-quarter of Section 30; THENCE along said East line Southerly to the North line of Section 31, Township 22 North, Range 4 East, M.D.B. & M.; THENCE Easterly along said Section line to the Northeast corner of Section 31; THENCE Southerly along the East line of Section 31 to the Northeast corner of Section 6, TownsY~ip 21 North, Range 4 East; THENCE Westerly along the North line of said Section 6 to the Northwest corner of the Northeast one-quarter of the Northeast one-quarter of said Section 6; THENCE Southerly along the West line of the Northeast one- quarter of the Northeast one-quarter to the Southwest corner thereof; THENCE ',Jesterly to the North-South centerline of Section 6, said point also 'Doing the Northwest corner of the Southwest one- quarter of the Northeast one-quarter of Section 6; THENCE Southerly along said centerline to the center of said ° Section 6; F-i O~ O rF~ ~~ CJ1 C.,J Over ~~V11II,IT I3 \ . ~.. `, TF~E;NCE Easterly on the Fast-West centerline of Section 6 to the Northwest corner of property described in the Decree of Final Distribution of the Estate of Victor Hendrix in Book 1457, page 577, recorded January 25, 1967, Official Records of Butte County, California; THENCE along the following courses and distances South 10'37'10" East 812.81 feet; south 46°13'08" East 344.83 feet; South 15°51'57" East 283,00 feet to a point that bears South 89°33'50" West 1067,64 feet from the Northeast corner of the Southeast one-quarter of the Southeast one-quarter of Section 6, Township 21 North, Range 4 East; THENCE continuing along last mentioned line South 15°51'57" East 704,62 feet; THENCE along the following courses and distances South 89°08'42" West 670.08 feet; South 38°47'48" West 654,37 feet; North 54°23'21" West 490.00 feet; South 51°26'38" West 269,41 feet to a point on the North~South centerline of Section 6, Said point being distant North 00°35 10 East 246,94 feet from the South one-quarter corner of said Section 6; THENCE North along the North-South centerline of Section 6 to the Northeast earner of the Southeast one-quarter of the Southeast one-quarter of the Southwest one-quarter of Section 6, Township 21 North, Range 4 East; T.~iENCE Westerly along the North line of the Southeast one- quarter of the Southeast one-quarter of the Southwest one-quarter of Section 6 to the Northwest corner thereof; TrN;NCE Southerly along the West line of the Southeast one-quarter of the Southeast one-quarter of the Southwest one-quarter of Section 6 to the Southwest corner thereof; THENCE continuing Southerly along the West line of the Northeast one-quarter of the Northeast one-quarter of the Northwest one-quarter of Section 7, 'T'ownship 21 North, Range 4 East, 647,40 feet to the South•~ west corner thereof; THENCE North 89°11'47" East along the South line of the Northeast one-quarter of the Northeast one-quarter of the Northwest one-quarter of said Section 7, to a point which lies South 89°11'47" West 242.69 Peet from the Southeast corner thereof; THENCE South 20°43'34" East 685,96 feet to a paint on the North- South centerline of Section 7 from which the North one-quarter corner of Section 7, Township 21 North, Range 4 East bears North 00°00'32" West 1289.95 feet; THENCE North 88°58'46" East to the westerl right-of-way line of the "Old Nelson Bar Road"; y THENCE Southerly along said westerly right-of-way line of "Old Nelson Bar Road" also known as the Lime Saddle Road, to its inter- section with the North line of Section 18, Township 21 North, Range 4 East; 0 THENCE Easterly along the north line of said Section 18 to the F-+ North one-quarter corner thereof; ~ - 2 - sig. .a :. ~~ Clt CJ Continued on P. 3 -.I G _W THENCE Southerly along the North-South centerline of said Section 18 to the center of said Section 18; THENCE Easterly along the East-West centerline of Section 18, to the Northeast corner of the Northwest one-quarter of the South- east one-quarter of said Section 18. Also being the Northeast corner of property described in deed to John R. Gillian recorded July 22, 1966, Serial No. 1833, Official Records, Butte County, California; THENCE Southerly along the west line of the Northeast one- quarter of the Southeast one-quarter of Section 18, Township 21 North, Range 4 East, to the Southwest corner of the Northeast one-quarter of the Southeast one-quarter of Section 18; THENCE Easterly along the north line of the Southeast one- quarter of the Southeast one-quarter of Section 18 to the Northeast corner of the Southeast one-quarter of the Southeast one-quarter of Section 18; THENCE Southerly along the east line of Section 18, Township 21 North, Range 4 East to the Southeast corner thereof; THENCE continuing Southerly along the east line of Section 19, Township 21 North, Range 4 East to its intersection with the north- easterly line of property described as Parcel "C" in Director's Deed from State of California to Dan R. t~jddleton, recorded in Book 1451, Page 186, Official Records, Butte County, California; THENCE alongg said lire North 39°14'00" West to a point which bears North 39°l~t'00" West 420.00 feet from Western Pacific Railroad right-of-way; THENCE on a curve to the left with a radius of 1800,18 feet, with a central angle of 23°03'28", with an arc length of 724.46 feet; THENCE South 62°00'16" East 412.23 feet to a point on the westerly line of Western Pacific Railroad right-of-way; THENCE along the westerly line of said Railroad right-of-way Southerly to the intersection of the northerly right-of-way line of State Highway 70; THENCE along the northerly line of State Highway 70 South- westerly to a point from which the Northwest corner of Section 29 bears North 37°25'01" West 1551.75 feet; ~ THENCE North 39°00' West 441.20 feet; THENCE South 51°00' West 447.50 feet to a point on the north- easterly line of the Pentz-bfagalia Highway; THENCE Northwesterly along the northeasterly right-of-way line of said road to the South line of Section 19, Township 21 North, Range 4 East: THENCE Westerly along said south line of Section 19 to the o North-South centerline of said Section 19; THENCE Northerly along North-South centerline to the center QO of Section 19; O -3- i ~~ cn c~ 00 Over THENCE Westerly along the East-West centerline of Section 19 to the West one-quarter corner, said point also being on the line between Range 4 East and Range 3 East, M.D.B. & M.; THENCE Northerly along said line to the Southeast corner of the Northeast one-quarter of the Northeast one-quarter of Section 24, Township 21 North, Range 3 East; THENCE Westerly along the south line of the Northeast one- quarter of the Northeast one-quarter of said Section 2~+ to the centerline of Messilla Valley County Road; THENCE Southerly along the centerline of said road 82.5 feet; THENCE Westerly ar.d parallel with the north line of the South one-half of the Northeast one-quarter of said Section 2~F, to the North-South centerline of Section 24; THENCE North along said centerline to the intersection of the Old C. L. Durban Fence, according to deed from Margaretta L. Stewart to Sarah McGinnis, dated August 30, 1873, and of Record in Liber "0" of Deeds, Page 19, Butte County Records; THENCE Easterly along the North line of said Deed to its inter- section with the East line of Section 24 Township 21 North, Range 3 East, said point of intersection being 2~0 feet more or less, South of the Northeast corner of said Section; THENCE Northerly along the line dividing Range 3 East and Range 4 East, M.D.B.& M. to the Point of Beginning, -~. ~ ~~i•, ' ! 4~`- rHE EoR<<.ar~r , ~r~~ , l "T Ic ~ ` ^P^ECT COPY O rhE OR ;tlJ; , . ~ ~ F ~ r T[;T; °` ~ ' ~~/47 w., iY ~ LS ~ ~. Li ~f.'G 1~ .;'__"~~. -_. !W~ - f ~~-.vfY aF Bull E, •._: a , _. _...------..__ DEPUTY - `~' - m 0 0 ~~ C~ b~ A crr7nn ,,V ^11 rW W 1, ~/ ~:. ~'ow~ o era use c? m \~ ^ Paradise Spher+~ of Influence Boun ary _ _ _ '~ { ~~ o ~ ~ ~~ i m O ~/ ~\ Gear a cr amore coneys N Lime ~ %V Saddle t / Community s Services District l t r ~ ~~a G~'Qo~ ~ 4' ~ _ ~~ h~ ~ 2m J ', Lime Saddle Marina af, m ~~' -o m `~¢ \o \\\°a 1~ ~~9~~ ~ 5 l ~'XFIIBI L C