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Home My WebLink About04/15/1997, C-6 - CONSIDERATION OF A RESOLUTION ORDERING TERRITORY DESIGNATED AS LAFCO ANNEXATION #44 ANNEXED TO THE CITY OF SAN LUIS OBISPO. (ANNX. 17-96) council j aGenaa nepont CITY OF SAN LUIS O B I S P O A FROM: Arnold Jonas,Community Development Director Fir AT Prepared By: Whitney McDvaine,Associate Planner SUBJECT: Consideration of a resolution ordering territory designated as LAFCo Annexation#44 annexed to the City of San Luis Obispo. (Anna 17-96) CAO RECONEMWNDATION: Adopt a resolution ordering territory designated as LAFCo Annexation #44 annexed to the City of San Luis Obispo. DISCUSSION When the City Council approved the TK Annexation, it directed staff to process a minor annexation of that portion of Suburban Road fronting the TK Annexation to avoid jurisdictional confusion over road maintenance and emergency response. On January 16, 1997, the Local Agency Formation Commission (LAFCo) approved the Suburban Road Annexation (resolution attached). The City of San Luis Obispo is responsible for completing subsequent proceedings. In this case the Council must adopt a final resolution ordering the territory annexed to the City. The City Clerk will forward the Council resolution, plus any Board of Equalization fee, to the Executive Officer of LAFCo who issues a "certificate of completion." The certificate is then recorded and sent to the City, the County Assessor and Auditor, State Board of Equalization, and the Secretary of State, thereby finalizing the annexation. Attached: Final annexation resolution LAFCo resolution RESOLUTION NO. (1997 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO OREDERING TERRITORY DESIGNATED AS ANNEXATION #44 BEING A PORTION OF SUBURBAN ROAD RIGHT-OF-WAY ANNEXED TO THE CITY OF SAN LUIS OBISPO (City File No. 17-96) WHEREAS, the Local Agency Formation Commission of San Luis Obispo County (LAFCo) adopted resolution Nos. 9713, 97-3, 97-2, and 97-1 making determinations and approving the proposed annexation as described in attached Exhibits A and B; and WHEREAS, the terms and conditions of annexation as approved by LAFCo are as provided in said resolutions; and WHEREAS, the reason for this proposed annexation is to avoid jurisdictional confusion over road maintenance and emergency response; and WHEREAS, the regular County assessment roll is used by this City; and WHEREAS, the City Council certified the annexation's categorical exemption on May 17, 1996 date pursuant to the California Environmental Quality Act, and with the findings contained in the City Council Resolution No. 8543 (1996 Series); and WHEREAS, LAFCo has authorized the City Council to approve this annexation of right-of-way; BE IT RESOLVED that the Council of the City of San Luis Obispo hereby orders the territory described in Exhibits A and B annexed, and directs the City Clerk to transmit a certified copy of this resolution with applicable fees (or evidence of payment) required by Section 54902.5 of the Government Code to the Executive Officer of the Local Agency Formation Commission of San Luis Obispo County. On motion of seconded by ,and on the following roll call vote: AYES: NOES: ABSENT: the foregoing resolution was passed and adopted this day of 11997. final resolution for Annexation#44 Page 2 ATTEST' Mayor Allen Settle City Cleric Bonnie Gawf APPROVED AS TO FORM: i o -eY JOT - -- I i i i - 1 3 Exhibit "At cn i W m = P, i ? N c S O m � a J � i N m � - s o i ti Z r ? I.. ,• I u, �� 11 o e'O 70 N Do 1 I � Y f : o m �w I Aq ro Cr; _ 14 3 8' �Y _ •QQ o iQ , Exhibit "A" EXHIBIT `A' LEGAL DESCRIPTION Being the southerly 25 feet of Lots 1, 2 and 3 along with the northerly 25 feet of Lots 28, 29, 30 and 31 of the subdivision of Lots 24, 26, 31, the north half of Lots 18, 23, 27, 30, and the south portion of Lot 17 of the Hartford and Chapman Subdivision, in Township 31 South, Range 12 East, Mount Diablo Base and Meridian, lying within the Vachell Tract, said land being the Road 50 feet wide as shown on map recorded in Book 1, Page 4 of Record of Surveys in the office of the County Recorder of San Luis Obispo County, State of California, END OF LEGAL DESCRIPTION `CS ! TY '-SUR E ., _ AZ-5 IN.THE LOCAL AGENCY FORMATION COMMISSION COUNTY OF SAN LUIS OBISPO,STATE OF CALIFORNIA Thursday, January 16, 1997 PRESENT: Commissioners Brackett, Engels, Gates, Pioanoo and Chairman Briley ABSENT: Commissioners Pritchard and Ryan RESOLUTION NO.97-4 RESOLUTION MAKING DETERMINATIONS APPROVING ANNEXATION NO.44 TO THE CITY OF SAN LUIS OBISPO (PORTION OF SUBURBAN ROAD) The following resolution is now offered and read: WHEREAS, on January 10, 1997 there was filed with this Commission a proposal for Annexation of territory to the City of San Luis Obispo (Portion of Suburban Road); and WHEREAS,the Executive Officer has given the notices required by law and has forwarded copies of his report to officers, persons, and public prescribed by law; and WHEREAS, the matter was duly set for public hearing at 9:00 a.m. on January 16, 1997 and the public hearing was duly conducted and determined and decision was made on January 16, 1997; and WHEREAS, at said hearing this Commission heard and received all oral and written protests, objections, 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 said proposal and report; and WHEREAS,the Commission approved as adequate the categorical exemption adopted by the City of San Luis Obispo for this project, reviewed and considered the information contained herein and all comments received during the public hearing process; and —+ LAFCo Resolutions 97-1 ad 97-3 WHEREAS,the Commission duly considered the proposal and finds that the territory proposed to be annexed is uninhabited;that the distinctive short form designation of the territory proposed to be annexed is'Annexation No. 44 to the City of San Luis Obispo';that the territory proposed for annexation is located within the sphere of influence and sphere of service of the City of San Luis Obispo; and that the proposed annexation should be approved. + LAFCo Resolution 97-2 NOW,THEREFORE, BE IT RESOLVED AND ORDERED by the Local 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. The categorical exemption for this project was adopted In Resolution 97-3. 3. That the legal description approved by this Commission is attached thereto, marked Exhibit'A', and incorporated by reference herein as though set forth In full. 4. That Annexation No. 44 to the City of San Luis Obispo (Portion of Suburban Road), being further identified in the files of this Commission as File 2-R-96, is hereby 5. That on January 22, 1997,the City of San Luis Obispo complied with the condition of approval by adopting a resolution accepting the negotiated exchange of property tax revenue and annual tax increment. 6. The Executive Officer of this Commission is authorized and directed to mail copies of this resolution in the manner by law. 7. That the City of San Luis Obispo is designated as the conducting authority for subsequent proceedings. Upon motion of Commissioner Picanco, seconded by Commissioner Gates, and on the following roll call to wit: AYES: Commissioners Picanco, Gates, Brackett, Engels, Chairman Briley NOES: None ABSENT: None ABSTAINING: None the foregoing resolution is hereby adopt/ed. C� Chajy&6 of said ocal Agen Formation Commission ATTEST Deputy Executive Officer APPROVED AS TO FORM AND LEGAL.EFFECT: JAMES B. LINDHOLM, JR. County Counsel By: Depul County Counsel STATE OF CALIFORNIA ) ss. COUNTY OF SAN LUIS OBISPO ) I, Robert E. Hendrix, Executive Officer of the Local Agency Formation Commission said County and State, do hereby certify the foregoing to be a full, true and correct copy of the original on file in my office, and that I have carefully compared the same with the original. WITNESS my hand this 06 day of 19,1-1 ROBERT E. HENDRIX Executive Officer By: Deputy Executive Officer C'(O S ( ibit44 A i y t ! �I � \ m = a \ 'L1 ep a i r n gj I ,Y g 7a s IIL I' i NQ • it I• a I � ra J LD II I P I a I� 1"r'7 $ z aai v = ; C �q o' ee r7 a Exhibit "A" EXHIBIT `A' LEGAL DESCRIPTION Being the southerly 25 feet of Lots 1,2 and 3 along with the northerly 25 feet of Lots 28, 29,30 and 31 of the subdivision of Lots 24,26, 31, the north half of Lots 18,23, 27,30, and the south portion of Lot 17 of the Hartford and Chapman Subdivision, in Township 31 South,Range 12 East,Mount Diablo Base and Meridian, lying within the Vachell Tract, said land being the Road 50 feet wide as shown on map recorded in Book 1, Page 4 of Record of Surveys in the office of the County Recorder of San Luis Obispo County, State of California, END OF LEGAL DESCRIPTION r —1TIr'Ir I' sir... ._._—.. . CC's' TY 'SURVE`I C-� -9