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
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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
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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