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HomeMy WebLinkAboutOrcutt Area Annexation - No 79, LAFCO ConfirmationGoMM.rSsreryens , fucHARq RoBERrs Chai:r, P,u bJic.,Member Enuce .Gr8i;orrr Viee,Chair, GoqnVMember Mun[ Cqrr. Special District lvlember ED,EqY Speclal Distilct,Member Jeus R; PA,T'fERSoN County Mernber DurleP..rcar.rco Clty,Meniber l(R6:VAREAS City Member ALTERNATE5 Rosenu FoNzr City Member FPANK.R. MECHAM County Member ToM..MURMY Fublic Member MARSHAI OcHYrsKl Special District Member STAFF DAVD CHURCH Executive Officer RAYMoND A. BIERTNG Legal Counsel MIKE.PRATER Analyst DONNAJ, BLOYD Commission Clerk LAFCO - San Luis Obispo - Local Agency Formation Commission SLO LAFCO - Seruing the Area of San Lurs Oblspo County To:Kim Murry, Deputy Gommunity Development Director Gity of San Luis Obispo From David Ghurch, AIGP, Executive Offi Date:November21,2011 Subject:Gompletion of the Orcutt Area Annexation - No. 79 to the City of San Luis Obispo - LAFCO File No: 4-R-10 Attached is the Certificate of Completion which includes the LAFCO resolution. Under the Cortese-Knox-Hertzberg Act the annexation is complete and the area is considered part of the City of San Luis Obispo. 56020.5. "Certificate of completion" means the document prepared by the executive officer and recorded with the county recorder that confirms the final successful completion of a change of organization or reorganization. ln order for the negotiated property tax agreement between the City and the County to be implemented and a share of the property tax re- allocated to the City, the annexation must be filed with the Board of Equalization (BOE). The action by the BOE is administrative and non- discretionary and will be completed after the City complies with the Conditions of Approval and submits to LAFCO the BOE fee of $2,000. The check is made out to the California State Board of Equalization. Thank you for your assistance with this matter. lf you have any questions please call me at 788-2096. 1042 Pacific Street, Suite A . San Luis Obispo, California 9340.| Tel: 805.781.5795 Fax: 805.788.2072 www.slolafco.com Recording requested by and mail to: Executive Officer Local Agency Formation Commission 1042 Paclfic Street San Luis Obispo, CA 93401 d' I {:} $}V oi Deiarnrant Puce Recon Doc#: 2011057820 1111612011 8:29 AM I tfri ' i"i,i.5 ,,.-,r .,'\;r, r.iu*ip(r,t u wtu I urrglfl8l. .: tii i[ !" p0i"rf\t/AL0,C0Ui'lTY CLTRX-R€O0ROERCenlrrcATE oF Coturplertorv Pursuant to Government codes section 572oo and 57201 thrs certificate of completion ishereby issued by the Executive officer of the Locat ngency Formation cormis"ion of san LuisObispo County, California" The short-form designation by LAFco is the orcutt Area Annexation - No. 7g to the cityof San Luis Obispo 2. The name of the city involved in this action and the kind or type of action ordered for thecity is as follows 1 City , City of San Luis Obispo Change of Organization Annexation 3. The above-risted property is rocated within san Luis obispo county. 4' A description of the boundaries of the above-cited change is shown in the attachedresolution, map and legaldescription and oy rererence incorporated herein. 5. The territory involved in this action is inhabited. 6' A Protest Hearing was conducted on July 18, 2011. sufficient written protests were filedby Registered Voters residing in the areato cause a vote of the Registered Voters withinthe annexation area to be conducted. 7 ' The vote of the Registered Voters within the area .was conducted by the county clerk lT:lffifffice wiln a maioiitv of the voters who submitteo uariots approvins the 8' This change of organization has been approved subject to the conditions stated inResolution No' 2011-02 attached hereto'aho maoe a part hereof. The date of adoption ofthe Resorution ordering this action was Aprir 21,20i1. 9' The effective.date -of this change of organization is upon the date of recordation of thiscertificate at the office of the san LuiJobispo county cterk Recorder. I hereby certify that I have examined the above-cited ordinance or resolution for this action andhave found this ddcument to be in compliance with Resoluiion tto. 2o11-a2approving saidaction and adopted !I l!" Local Agency Formation commL.ion of tn" cor.,titf san tuisobispo on April 21,2011. vvurrrY ! I Date LAFCO File No: 4-R-10 { David Church LAFCO Executive Officer IN THE LOCAL AGENCY FORMATION COMMISSION COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA PRESENT: Thursday, April 21, 201 1 chairman Richard Roberts, Vice chairman Bruce Gibson, commissioners Muril clift, Ed Eby, James R. Patterson, Duane picanco, and Alternate Commissioner Robert a F onzi ABSENT:commissioner Kris Vardas, and Alternate commissioners Frank Mecham and Tom Murray RESOLUTION NO. 2011-02 RESOLUTION APPROVING ANNEXATION NO. 79 TO THE CITY OF SAN LUIS OBISPO (oRcuTT SPEC|FIC PLAN AREA) The following resolution is now offered and read: WHEREAS, on March 18, 2011, the Executive Officer filed a Certificate of Filing regarding a request to consider a proposalforAnnexation No. 79 to the city of san Luis obispo (orcutt specific Plan Area); and WHEREAS, the Executive Officer has given the notices required by law and forurarded copies of his report to officers, persons and public agencies prescribed by law; and WHEREAS,thematterwassetforpublichearingatg:00a.m.on April2l,2Oll,andthepublic hearing was duly conducted and determined and a decision was made on April 21,2011; and WHEREAS, at said hearing this Commission heard and received alloraland written protests, objeetions and evidence, which were made, presented or filed, and all persons present were given the opportunity to hear and be heard in respect to any matter relating to the proposal and report; and WHEREAS the Commission determined that the environmental review documentation adopted by the City of San Luis Obispo meets the requirements of the California Environmental euality Act (CEQA); and WHEREAS, the City will not be taxing the territory for existing general bonded indebtedness; and WHEREAS, the Commission has considered all factors required to be considered by Government Code Sections 56668 et seq. and adopts as its written statements of determinations therein, the determinations set in the Executive Officer's Staff report dated April 21, 2011, said determinations being incorporated by reference herein as though set forth in full; and WHEREAS, the Commission duly considered the proposal and finds that the proposalto annex territory to the City of San Luis Obispo should be approved; and WHEREAS, a Conducting Authority hearing was conducted on July 18,2011 and the annexation is now subject to confirmation or termination by the registered vcters residing in the area through an election conducted by the city in cooperation with the county clerk, and WHEREAS, a "yes" vote is a vote for the Orcutt Area to be added to the City of San Luis Obispo, a "no" vote is a vote against adding the Orcutt Area to the City of San Luis Obispo, and a majority of the votes cast is needed to approve the annexation. Resolution No. 201 1-02 Page 2 ot 2 NOW, THEREFORE, BE lT RESOLVED AND ORDERED by the Locat Agency Formation commission of the county of san Luis obispo, state of california, as follows: 1. That the recitals set forth hereinabove are true, correct, and valid. 2' That the map and legal description approved by this Commission is attached hereto, marked as Exhibits A and B and incorporated by reference herein as though set forth in full. 3' That the Executive Officer of this Commission is authorized and directed to mail copies of this resolution in the manner provioed by law. 4' That Annexation No. 79 to the City of San Luis obispo is hereby approved with the followingconditions: A' Prior to filing the Certificate of Completion with the State Board of Equalization, theproponent shall submit to LAFCO documentation of a perpetual open space easementrecorded on th^e Rigtretti Hill property (Righetti Hill Open dpace dedication and RighettiRanch Home Site Open Space) as provided in Figure 2.4 of the Orcutt Area Sp-ecificPlan' The open space easement shall be reviewLd and approved by the ExecutiveOfficer and LAFCO Counsel. B' Prior to filing the Certificate of Completion with the State Board of Equalization, theproponent shall submit an agreement between the County and City that allows theCounty to complete all outstanding permits filed with the County within the annexationarea including building and planning permits. The agreement shall be reviewed andapproved by the Executive Officer and LAFCO Counsel. C. Prior to filing the Certificate of Completion with the State Board of Equalization, theproponent shall submit revised legal descriptions and map revisions to be reviewed andapproved by the County Surveyor. Upon a motion of Vice Chairman Gibson, seconded by Commissioner James R. patterson, and on the following voice vote: AYES: Vice Chairman Gibson, Commissioners Patterson, Clift, Eby, AlternateCommissioner Fonzi, and Commissioner Picanco and Chairman Roberts NAYS: None ABSTAINING: None The foregoing resolution is hereby adopted chard berts,airman Local Agency Formation Commission Date ,aJ-c 7 /q1,, ATTEST: David Church LAFCO Executive Officer Date AS TO FORM AND LEGAL EFF tcP Bieri LAFCO al Counsel +( Annexation No. 79 Orcutt Area City of San Luis Obispo Major Roads Orcutt Annexation Service Area Sphere of lnfluence (| Orcutt Annexation lnfornration LAFCO Fib No:4-R-10 Approval Date:April 21 ,2011 Resolution No: 1-2011 Acreage: 231 Land Use: Residential, Mixed- Use, Recreation, Open Space Prepared By SLOLAFCO Name: Orcutt No.79 Date:712212011 I F,.,,trETTwE*{ F ANNEXATION NO.79 ParcelA to the City of San Luis Obispo An onnexolion of Lots 122-129, 131. 132,134, ond portions of Lols 130, 133. ond o porl;on of O/c!lr Road oi 3on Lu;sper t/LS/92, ond portions of Lots 3, 4, 6, ond 9 of T.oc( 6E1 per 1A/MB/94, ond o poriion oi Farcets l ond Z oi21/PM/1OA. ond o po.tion ol Lots 5, 6, 7, ond o po4ion of Honsen Rood of the Honsen Troct (Uo-Recorded). ond porlions LEGEND rriiJ! !:i1, L,,t,i: . aii; tn.'ir t ,{- q!tsd: ;nr.:ot'!,, rr-r {f.r,rti1,, i,l,il ir- Cbispo Suburbdn Troci ?M CO 75-437 F,.. oi Sec.6 T3lS RlJE l,lDLl, /*n .:,.-.;HdB.> 7ft /20il ond o portion oi Loi 132, ond o podion of Tonk Form Rood oftered lor dedicolion oI T.oct 1376 u^il 1 pet 14/MB/77 oll in ih€ County ol Son Luis Obispo, Stote ot Cotifornio. TY OF SAt.!LUlS OB/5P') 'OUi! IY rci tr 044-4r1 -018 oBtsPa T31S R13E MDM ,J52&.044-411-019 t6tur F&rlga S/A] L 076-532-01J sct | 69r "r I (::1 .7 : il.j:j, / so)076' Lxtsltnq utIY 076-s32-028 Ft. Lol 135 053-071-01E Luis Obispo S!ASTATION 681 681 -0r5 N1212 E L\tsttoq ctty of Son Luis Abispo An nexotion to .City of Son Lurs UDlSpo lnduslriol Annexotian to City ot Luis Obispo .!oF *.0 5E- '3sq:S O G.Yo(,te!s o{ :,.[ oo ob F _rEo-ft u, s@E # .s$'dp - -----7 ORCUNROAD e Detoil A *'iJ b 'g1'.tftffii e sttut ilu. 1 0F 2 StlltrIS VICINITY MAP ,*.* {,.,,"* 83 5rG t F9 ioil A 6q3!TE iiE! a3 044-412-AO1 $t E"A EB6 5 Fs \ 076-49r-008 3 076-49r-005 iA ;."1:' Sectron Line F"(utt'.Y 044-412-A02 076-49r -004 Lot 123 1(oct I 076-491 -003 burbon Lat t32 19 \\o' rioO Fnna*o'' t 3t s $ ^d 076-48r-01! P ortion 16 o' 134 076-481-017 Porc€l 2 $; 076-481-001 Lal 122 40' 2z2039 T3L,9 PTN SEC 6 044-01 1 -039 R13E / /lnH- t- o3 il PTN SEC 6 044-41 1 -O1 9 ..x1t- 5f 2n _. -sEcTroN riNE txrslrNc ctt/ t-rMrl UNE _.. (ldustriot hnerotion)- :.r=0 100ff200f, TANK FARM RD. urslrNc cril LtMrT L|NE (lndustriol UNE OF LOT 6, Porcel B of Annexotion f79 = 2-8 Acres TR 7750 453-09 1 -023 PTN SEC 7 044-O1 1 -Q03 731 .SR13E TR 7750 05J-091 -024 txtslNc cirY rHlT (lodustdol ".a-Ffp' LEGEND - - Centerline Existing City Limit Line Common Line to Annexotion/City Limits Limits of Porcel B of Annexotion f79 POINT OF EEGINN/NG 044-O42-003 044-O42-OO1 CdePNo. EftIIEIT F Annexation No. 79 To The City of San Luis Obispo San Luis Obispo County, California PARCEL A- LEGAL DESCRIPTION Being Lots 122, 123, 124, 125, 126, 127, 128, 129, 131, 132,134, portions of Lots 130 and 133, and a portion of the Public Road presently known as Orcutt Road of the San Luis Obispo Suburban Tract in the County of San Luis Obispo, State of California, according to the map filed in Book I at Page 92 of Licensed Surveys in the Office of the County Recorder of said County, and portions of Lots 3,4.6, and 9 of Tract 681 in said County of San Luis Obispo according to the map filed in Book 10 at Page 94 of Maps in the Office of the said County Recorder, and portions of Parcels I and 2 of Parcel Map PM CO 15-43'7 in said County of San Luis Obispo accordiug to the map filed in Book 21 at Page 100 of Parcel Maps in the Office of said County Recorder, and portions of Lots 5,6,7, and a portion of Hansen Road of the "Hansen Tract" in said County of San Luis Obispo according to an un-recorded, undated map by Burch and Beck and being in Section 6, Tolvnship 31 South, Range 13 East, Mount Diablo Meridian according to the official plat thereof, and a portion of said Section 6, and a porlion of Lot 132 and a portion of tlre Tank Fann Road offer of dedication tbr road of Trac t 137 6 Unit I in said County of San Luis Obispo according to the map hied in Book 14 at Page 77 of Maps in the Office of said County Recorder, and being more particularly described as follows; Beginning at the southwesterly corner of said Lot 122, also being a point on the existing City limit line according to the Industrial Annexation and an angle point in the said City limit line according to the Bullock Annexation to the City of San Luis Obispo; Thence along the existing City limit line and the westerly line of said Lot 122 north 0" 22' west 660 feet to the northwesterly corner of said Lot 122, also being an angle point in the southerly line of the annexation to the City of San Luis Obispo described as Parcel B - Orcutt Road and Johnson Street according to the Certificate of Completion, Document No.: 3505'/, recorded August 24, 1982, in Book 2427 at Page 677 of Official Records in the Office of said County Recorder, also being on the southerly right of way line of said Orcutt Road; Thence continuing along said City limit line and along said southerly right of way line north 89o 06' east 1,169.40 feet to the beginning of a curye concave to the southwest having a radius of 404.02 feet; Thence continuing along said City limit line southeasterly 97.62 feet along said curve, through a central angle of 13o50'39"; Thence continuing along said City limit line north 30o15' 00" east 37.50 feet to the northeasterly corner of said Lot I24; Thence continuing along said City limit line north 42"12' east 40.5 1 feet to the intersection of the easterly side line of said Johnson Sheet with the northeasterly sideline of said Orcutt Road, said intersection being at the norfhwesterly terminus of course labeled N 39"55'41" W on the Record of Survey map filed in Book 10 at Page 76 of Licensed Surveys in the Office of the County Recorder of said County; SURVEYOR Date: By: San Luis Obispo Couaty Dept. Annexation No. 79 (Cont.) Thence leaving said City limit line and along the said northeasterly sideline of said Orcutt Road, (labeled Corral de Piedra & Islay Road 40 feet wide on said Record of Survey map), south 39"55'41" east 573.41 feet to the most westerly corner of said Tract 681; Thence leaving said northeasterly sideline of Orcutt Road and along the northwesterly boundary line of said Tract 681 north 50o04'19" east 34.00 feet to the most northerly corner of the thirty four foot wide Offer of Dedication shown on said Tract 681, said Offer of Dedication was accepted according to Document No.: 34224 recorded in Book 2506 at page 252 in Official Records in the Office of the Counfy Recorder of said County; Thence along the northeasterly line of said Offer of Dedication line south 39o58'54" east 2,271 .38 feet to a point in the southerly boundary line of said Tract 68 I ; Thence along said southerly boundary line south 45o00'2J- west 8.03 feet to the most northerly correr of the twenty six foot wide strip of land shovm as an Offer of Dedication on said Parcel Map CO 75-437, said Offer of Dedication was accepted according to Document No.: 1997- 036246 in official Records in the office of the county Recorder of said county; Thence along the northeasterly line of said Offer of Dedication south 39o57'40" east 648.40 feet to the beginning ofa curve concave to the northeast and having a radius of20.00 feet; Thence southeasterly 17.50 feet along said curve, through a centrai angle of50"07'20"; Thence south 1o09'55" west 5.00 feet to a point in the northeriy right of way line of Hansen Road according to the document recorded in Book 221, atPage 407 of Official Records in the Office of the said County Recorder; Thence south 14"48'33" west 41.16 feet to the northeasterly corner of that five foot wide strip described in the Public Road and Slope Easement Deed recorded in Document No.: 1997-038135 in Official Records in the Office of the Clerk Recorder of said County; Thence along the northeasterly line of said 5 foot wide strip and along the northeasterly line of the 5 foot wide strip described in the Public Road and Slope Easement Deeds recorded in Document No.: 1997-045467 and in Document No.: 1997-038136 both in Official Records in the Office of the County Recorder of said County, south 34"32'east 1,352.89 feet to point on the northwesterly line of Parcel rwo described in said DocumentNo.: 1997-038136; Thence along said northwesterly line north 55"28' east 10.00 feet to the most northerly comer of said Parcel TWo; Thence along the northeasterly line of said Parcel Two south 34"32' east 52.00 feet to the most easterly corner of said Parcel Two; Thence along the southeasterly line of said Parcel Two south 55"28' west 10.00 feet to a point of the northeasterly line of said 5 foot wtde stnp; Thence along said northeasterly line and the southeasterly projection of the said northeasterly lines south 34o32'east 160.35 feet to a point on a line lying 20 feet southerly of the northerly line of Section 7, Township 31 South, Range 13 East, Mount Diablo Meridian and on the existrng City Limit line according to said Industrial Annexation; Annexation No. 79 (Cont.) Thence along said City limit line and said line lying 20 feet southerly of and parallel with said Section 7 and Section 12, Township 31 South, Range 12 East, Mount Diablo Meridian, south 89"03'57" east 3,089.68 feet to a point in the northeasterly right of way line of the Union Pacific Railroad (formerly the Southern Pacific Railroad); Thence continuing along said City limit line and said right of way line north 33o 30' west 1 ,397 .21 feet to the most westerly corner of said Lot 1 30; Thence continuing along said City limit line and the northerly line of said Lot 130 north 81o05' east 32.99 feet to its intersection with the easterly line of a 30 foot wide road adjacent to the said railroad right of way; Thence continuing along said City limit line north 33o 30' west 726.0 feet to the northerly line of said Lot 132; Thence continuing along said City limit line and said northerly line north 56o30' east 1,026.0 feet to the most easterly corner of said Lot 133; Thence continuing along said City limit line north 33" 30' west 231.0 feet; Thence continuing along said City limit line south 56o30' west 1,026.0 feet to the easterly line of said 30 foot wide road; Thence continuing along said City limit line north 33o30' west 693.0 feet to the northerly line of said Lot 134; Thence continuing along said City limit line north 56o30'east 1,026.0 feet to the most easterly comer of Lot I 3 5 of said San Luis Obispo Suburban Tract; Thence continuing along said City limit line north 33"30'west 247.5 feetto the corner common to Lots 122,123, and 135 of said San Luis Obispo Suburban Tract; Thence continuing along said City limit line south 89o38'west 431.58 feet to the Point of Beginning. Containing 232 acres of land, more or less. End Legal Description - Parcel A dfu*$ tr,-?Ff**"*e Joseph T. Morris P.L.S. 6192 exp 3/2012 512',7/2011 Date No. 619? Exp. 3131/12 T\ LANO rtU/. CAL \ Annexation #79 To the City of San Luis Obispo San Luis Obispo County, California Em.frFRfiT m APPROVED COI.INTY SUR\TEYOR By; Date: San Luis Obispo Couuty Parcel B Portions of Sections 6 and 7 in Township 3 1 South, Range 13 East, MDM according to the official plat thereof in the County of San Luis O-bispo, State of California, being a portion olthe public road presently known as Orcutt Road (formerly Islay-Conal de Piedra public road) more particularly described as follows: Commencing at angle point "C de P No. 6" in the northwesterly line of the Rancho Conal de Piedra according to the January 1861 plat and survey of said Rancho by J.E. Terrell, U.S. Deputy Surveyor, said northwesterly line also being the city limit line according to the Industrial Annexation to the City of San Luis Obispo, thence North 54o 30' East along said northwesterly line and city limit line 1646.70 feet to the intersection with the southwesterly line of said road and the True Point of Beginning: thence leaving said city limit line and continuing North 54o 30' East 40.68 feet along said northwesterly line of said Rancho to the northeasterly line of said road; thence along the northeasterly line of said road the following courses: North 46o00'00" West 563.18 feet; North 44o15'00" West 482.58 feet; North 52o00'00" West 464.33 feet; thence along the northerly line of said road, said northerly line being 20.00 feet northerly of and parallel with the southerly line of said Section 6, South 89o45'00" West 168.36 feet to the intersection with the northerly line of the slope easement recorded in Document No. 1997-020501, thence along said northerly line of said easement the following courses: North 75o57'27" West 69.94 feet; North 8l o33'20" West 62. 17 feet; North 66"36'57" East 28.46 feet; North 25"33'05" West 62.12 feet; and South 65"47'30 West 177.19 feet to a non-tangent curve concave southerly with a radius of 1232.00 feet to which a radial line bears North 00o 03' 04" West; thence westerly along said curve 267 .77 feet through an angle of I2o27' l 1" to the said northerly line of Orcutt Road, said northerly line being 20.00 northerly of and parallel with the southerly line of said Section 6; thence along said northerly line South 89o45'00" West 409.31feet to the intersection with the northeasterly line of the 5 foot strip described in Parcel One of the Public Road and Slope Easement deed recorded July 22,1997, Document 1997-038136 in the office of the County Recorder of said County; thence along the southeasterly projection of said northeasterly line South 34 32'00" East 48.67 feet to the existing city limit line according to said Industrial Annexation; Thence along said city limit line the following courses: North 89 45' East 831.43 feet to the west line of Lot 6 of said Section 7; North 89 45'8ast273.90 feet; South 52"00' East 447.48 feet; South 44o15' East 480.48 feet; and South 46"00' East 556.38 feet to the Point of Beginning. Containing 2.80 acres more or less. # Dept. of Wor A. Rion P,L.S.8546