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HomeMy WebLinkAboutResolution 95-022-2RESOLUTION NO.95-22-2 ORDERING ANNEXATION OF TERRITORY TO COUNTY SANITATION DISTRICT NO.2 (NO.74-EMC MORTGAGE ANNEXATION) A RESOLUTION OF THE BOARD OF DIRECTORS OF COUNTY SANITATION DISTRICT NO.2 OF ORANGE COUNTY, CALIFORNIA,ORDERING ANNEXATION OF TERRITORY TO THE DISTRICT (ANNEXATION NO.74 -EMC MORTGAGE ANNEXATION TO COUNTY SANITATION DISTRICT NO.2) ********************************** The Board of Directors of County Sanitation District No.2 of Orange County, California, DOES HEREBY RESOLVE,DETERMINE AND ORDER: Section 1 That a request has heretofore been made to County Sanitation District No.2 for annexation of territory to the District by means of a petition filed by the property owners,Dean and Coco Ambler Keller;and, Section 2 That the designation assigned by the District to the territory proposed to be annexed is “Annexation No.74 -EMC Mortgage Annexation to County Sanitation District No.2”,the exterior boundaries of which are described on Exhibit “A”and shown on Exhibit “B”attached hereto and by reference made a part of this resolution;and, Section 3 That pursuant to the Cortese-Knox Local Government Reorganization Act of 1 985,Division 3,commencing with Section 56000 of the California Government Code,application has heretofore been made by District No.2 to the Local Agency Formation Commission for annexation of said territory to County Sanitation District No.2, by means of Resolution No.94-99-2,filed with said Commission by said District;and, Section 4 That the Local Agency Formation Commission of the County of Orange adopted its Resolution No.94-1 7 on December 7,1994,making determinations and approving proposed Annexation No.74 -EMC Mortgage Annexation to County Sanitation District No.2 of Orange County,California,without notice or hearing and without election; and, Section 5 That the territory hereinbef ore referred to is uninhabited;and, Section 6 That the reason for annexing said territory is to obtain and provide public sanitary sewer service to said territory;and, Section 7 That payment of annexation acreage fees in the amount of $3,908.00 has been made and all terms and conditions specified by the Local Agency Formation Commission have been satisfied;and, Section 8 That the District has agreed,pursuant to Section 99(h)(1)of the Revenue and Taxation Code,to waive its ad valorem property tax allocation exchange with other affected taxing agencies;and, Section 9 That the regular County assessment roll is utilized by this District;and, Section 1 0 That the affected territory will be taxed for the existing bonded indebtedness of District No.2;and, Section 11 That,as authorized by resolution of the Local Agency Formation Commission pursuant to the Cortese-Knox Local Government Reorganization Act of 1 985, Division 3,Section 56837 of the California Government Code,the territory hereinbefore referred to and described hereinabove,be,and is hereby,ordered annexed to County Sanitation District No.2 without notice or hearing and without election;and, Section 1 2 That the Secretary of District No.2 transmit a certified copy of this resolution,with applicable fees required by Section 54902.5 of the Government Code,to the Executive Officer of the Local Agency Formation Commission of Orange County. PASSED AND ADOPTED at a regular meeting held March 8,1 995. RAN3.022 RESOLUTION OF THE LOCAL AGENCY FORMATION COMMISSION 2 OF ORANGE COUNTY,CALIFORNIA 3 . December 7,1994 4 On motion of Commissioner Steiner,duly seconded and carried,the following resolution was adopted: 5 WHEREAS,the proposed annexation designated as EMC Mortgage Annexation to County Sanitation 6 District No.2 in the County of Orange was heretofore filed by Resolution No.94-99-2 of County Sanitation District No.2 and accepted for filing on December 5,1994 by the Executive Officer of this Local Agency 8 Formation Commission pursuant to Title 5,Division 3,commencing with Section 56000 et seq of the 9 Government Code;and WHEREAS,the Executive Officer,pursuant to Government Code Section 56838 set December 7, 1994 as the hearing date of this proposal;and WHEREAS,the Executive Officer,pursuant to Government Code Section 56833 has reviewed this proposal and prepared a report including his recommendation thereon,and has ftirnished a copy of this report to each person entitled to a copy;and WHEREAS,said proposal was accompanied by proof satisfactory to this Commission that all of the owners of land within the territory proposed to be annexed have given their signed consent to such 16 annexation and determination;and WHEREAS,this Commission on December 7,1994 considered the proposal and the report of the Executive Officer,and considered the factors determined by the Commission to be relevant to this proposal, 19 including,but not limited to,factors specified in Government Code Section 56841;and 20 WHEREAS,the Executive Officer determined this proposal to be categorically exempt from the provisions and requirements of the California Environmental Quality Act. NOW,THER.EFORE,the Local Agency Formation Commission of the County of Orange DOES 22 HEREBY RESOLVE,DETERMINE and ORDER as follows: 23 Section 1.The proposal is approved subject to the following terms and conditions: 24 a)Payment of annexation fees to Orange County Sanitation District No.2 25 b)The County Sanitation District No.2,as applicant,shall be liable and pay the 26 applicable State Board of Equalization filing and processing fee prior to the issuance of the final statement of boundary change by the Executive Officer of the Local Agency Formation Commission. 28 Resolution No.94-17 1 Section 2.The boundaries of the territory proposed to be annexed to County Sanitation District 2 No.2 are specifically described in the legal description attached hereto and by this 3 reference made a part hereof.Said territory is found to be uninhabited and is assigned 4 the following distinctive short-form designation:EMC MORTGAGE ANNEXATION TO SAMTATION DISTRICT NO.2. 5 Section 3.The County Sanitation District No.2 is designated as the conducting authority and is hereby directed to initiate annexation proceedings in compliance with this resolution. 8 Section 4.The Board of Directors of said conducting district is authorized to annex said territory 9 without notice and hearing and without an election,pursuant to Section 56837 of the 10 Government Code. 11 Section 5.The Executive Officer is hereby authorized and directed to mail certified copies of this 12 resolution as provided in Section 56853 of the Government Code. AYES:COMMISSIONERS WILLIAM G.STEINER,CHARLES V.SMITH,CHARLES R 13 WALL,HARRIETF WIEI)ER,JOHN WITHERS,DAVID BORAN AND JAMES H.FLORk 5 NOES:COMMISSIONERS NONE 16 ABSENT:COMMISSIONERS NONE 7 STATE OF CALIFORNIA ) 18 S5 19 COUNTY OF ORANGE ) 20 I,~F.ANDERSON,Executive Officer of the Local Agency Formation Commission of Orange County,California,hereby certi1~,r that the above and foregoing resolution was duly and regularly adopted 21 by said Commission at a regular meeting thereof held on the 7th day of December,1994. 22 IN WITNESS WHEREOF,I have hereunto set my hand this 7th day of December 1994. 23 24 SARA F.ANDERSON Executive Officer of the 25 Local Agency Formation Commission 26 By:________ 28 frary Resolution No.94-17 2 .~4C Mortgage Annexation No.~ to County Sanitation District No.2 THAT portion of Section 6,Township 4 South.Range 8 West,in the City of 2 Anaheim,as shown on a map recorded in Book 13,Page 45,Records of Survey, 3 in the office of the County Recorder,in the County of Orange,State of 4 California,more particularly described as follows: 5 BEGI2*~ING at an angle point in the existing boundary line of County Sanita 6 tion District No.2 as established by “Annexation No.48”to said district, 7 said point being at the Southeasterly corner of said annexation,said point 8 also described as the Southeasterly terminus of that certain course described 9 as “North 13°38’OO”West,98.00 feet”in said annexation; 10 THENCE leaving said existing boundary line of said district,continuing along 11 last mentioned bearing as shown on said Record of Survey,South 13°38’OO” 12 East,299.45 feet to the Easterly corner of said Record of Survey; TEEN~E following along the Southeasterly line of said Record of Survey,South 14 55°12’OO”West,56.83 feet to an angle point in said existing boundary line of 15 said County Sanitation District No.2 as established by the “Hurst Annexation 16 No.19”to said district,said point being the most Easterly corner of said 17 annexation,said point also being described as the Southeasterly terminus of 18 that certain course described as “South 32°19’OO”East,144.74 feet”in said 19 annexation; 20 THENCE following along said existing boundary line of said district,per said 21 “Hurst Annexation No.190,North 32°19’OO”West,144.74 feet and North 59°31’ 22 00”West,100.46 feet to an angle point herein; 23 ‘rg~~cE leaving said existing boundary line of said district,North 27°05’OO” 24 West 64.82 feet to an angle point in said existing boundary line of said 25 district as established by said “Annexation No.48”to said district; 27 Pagelof2 28 THIS DOCtJM~T WAS PREPARED)’BY ~1~E OR UNDER MY SUPERVISION: r(~.¼..}(~t Paul A.Cuomo,P.L.S.4136 My license expires 06/30/96 BY:~L ~~ Michael B.Emmons,P.L.S.5899 Deputy County Surveyor My license expires 12/31/96 ~4C Mortgage Annexation Mo. to County Sanitation District No.2 THENCE following along said existing boundary line per said annexation,North 61°23’50”East,193.13 feet to the POINT OF BEGINNING. THE above described parcel of land contains 0.811 acres. ALL as more particularly shown on a map designated as Exhibit “B”attached hereto and by reference made a part hereof. 3,.. Date 2 3 4~ 5~ 6 7 8 9 10 11 12 14 15 16 17 18 19 20 21 22’ 23 24 25 27 28 THIS PROPOSAL DOES MEET THE APPROVAL OF THE ORM~GE COUNTY SURVEYOR’S OFFICE. John C~as,County Surveyor Dated this _______day of 1994 Page 2 of 2 BLOCK 6154 MODULE 63 EXHIBIT UBU EMC Mortgage Annexation No.74 to Sheet 1 of 1 LEGEND County Sanitation Dietrict No.2 “Exiating Boundary Line Co.Sanitation Diat No.2 Annexation Boundary Line f~c3 ~ •Southeagterly cor of Annex No.48 —II ___-—Country Hill Road —~ 1. C.0 0 100 I I • 0. 9,. C. N ‘0 POB r. STATE OF CALIFORNIA) )SS. COUNTYOF ORANGE ) I,PENNY KYLE,Secretary of the Board of Directors of County Sanitation District No.2 of Orange County,California,do hereby certify that the foregoing Resolution No.95-22-2 was passed and adopted at a regular meeting of said Board on the 8th day of March,1995,by the following vote,to wit: AYES:John Collins,Chair,Barry Denes,Norman Eckenrode,James Flora,Pat McGuigan,Mark A.Murphy,Julie Sa,Roger R.Stanton, Bob Zemel,George Ziaket NOES:None ABSENT:Burnie Dunlap,Daniel T.Welch IN WITNESS WHEREOF,I have hereunto set my hand and affixed the official seal of County Sanitation District No.2 of Orange County,California,this 8th day of March,1995. Penny Kyle,~4cr~(~y Board of Dire’~fors’..~County Sanitation District No.2 of Orange County,California formslfl3 ~