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Home My WebLink About1988-02-11 - Resolution No. 88-070 0 RESOLUTION NO. 88-7 RESOLUTION OF THE BOARD OF DIRECTORS OF THE YORBA LINDA WATER DISTRICT PROPOSING ANNEXATION NO. 87-1 TO THE YORBA LINDA WATER DISTRICT PURSUANT TO GOVERNMENT CODE 56195 AND CONSENTING TO ZERO TAX EXCHANGE ON ANNEXATION 87-1 TO THE YORBA LINDA WATER DISTRICT WHEREAS, the Board of Directors of the Yorba Linda Water District has determined that annexation to said District of the territory described in Exhibit "A" attached hereto and illustrated on Exhibit "B" attached hereto, (hereinafter referred to as Annexation No. 87-1 to the Yorba Linda Water District) and by this reference incorporated herein, is to the best interest of said District and that the lands within said territory will be benefited thereby; and WHEREAS, said territory is uninhabited, as defined in Government Code Section 56074, and all of the landowners as defined in Government Section 56046, have requested the proposed annexation; and WHEREAS, said landowners have agreed to pay the District's two annexation fees which are $50,146.30 for the proportionate share of the depreciated value of the District's West Side Water Service System and $66,516.67 for the District's share of the post-proposition No. 13 1 F* (one percent) general property tax revenue; and WHEREAS, said landowners are aware that the annexation fees are to be paid in full prior to the District's Board of Directors determining and ordering the annexation and that they will also be responsible for the payment of all applicable water and sewer application and agreement fees; and WHEREAS, subdivision construction pursuant to City of Yorba Linda approval is contemplated within said territory and the need for water and service is imminent; and WHEREAS, general obligation bonds for the construction of water facilities to serve the Yorba Linda Water District's western service area have been approved by the voters; and WHEREAS, a number of legislative acts have been passed by the California Legislature, relating to the rights of local agencies to share in real property tax and to negotiate with the county for a share of the ad volorem tax or may consent to a zero tax exchange; and WHEREAS, California Revenue and Taxation Code Sections 99 et seq, provides that annexations will not be effective until negotiations regarding exchange of property tax revenue between the district and the County Board of supervisors is completed; and WHEREAS, the State Board of Equalization has required completion of negotiations for all annexations before the annexations can become official; and WHEREAS, the Local Agency Formation Commission has determined that said annexations cannot be completed until such time as the annexing district and the county have resolved the allocation of property tax revenues that will result from said annexation; NOW, THEREFORE, the Board of Directors of the Yorba Linda Water District does hereby resolve as follows: Section 1: Pursuant to the Cortese-Knox Local Government Reorganization Act of 1985, Division III, Title 5, of the Government Code of the State of California, the Board of Directors of the Yorba Linda Water District does hereby make application to the Local Agency Formation Commission for approval of the Annexation No. 87-1 to the Yorba Linda Water District. Section 2: The territory to be annexed by Annexation No. 87-1 is uninhabited and all of the landowners therein have requested and consented to the annexation and are aware of the annexation fees, time frame for their payment and that the annexation fees are separate from the District's normal application and agreement fees for water and sewer service. Secti_o 3: The reason for said proposal of annexation is that the landowners have requested water and sanitary sewer service within said territory. Section 4: The Board of Directors of the Yorba Linda Water District does hereby consent to zero tax exchange between the County of Orange and the District for annexation No. 87-1 to the Yorba Linda Water District. 0 0 Section 5: The Board of Directors of the Yorba Linda Water District does not waive its right to share in property tax revenue for the territory to be annexed by Annexation No. 87-1 to the Yorba Linda Water District in the event legislative acts or court decisions retroactively create a right in the District to share in the property tax revenue. SectiorL 6: The Board of Directors of the Yorba Linda Water District does hereby request the proceedings be taken for said annexation as provided for in the Cortese-Knox Local Government Reorganization Act. The owners of said territory have requested and consented to said annexation. The Board of Directors of the Yorba Linda Water District hereby requests the Local Agency formation Commission approve the proposal for annexation herein without notice and hearing and authorize the Board of Directors of said Yorba Linda Water District to annex said territory without notice and hearing and without an election as provided in Government Code Sections 56260 and 56261. 5ectiQn 7: The Board of Directors of the Yorba Linda Water District requests that the Local Agency Formation Commission approve this application, denominate the proposed annexation, "Annexation No. 87-1 to the Yorba Linda Water District", and designate the Yorba Linda Water District the conducting district pursuant to Government Code Section 56291. Section 8: The board of Directors of the Yorba Linda Water District hereby requests that Annexation No. 87-1 to the Yorba Linda Water District be made subject to terms and conditions as permitted by Government Code Section 56844. The following terms and conditions are proposed for Annexation 87-1 to the Yorba Linda Water District. Accordingly, the Board of Directors of the Yorba Linda Water District does hereby request the Local Agency Formation Commission of Orange County, California, to approve Annexation 87-1 to the Yorba Linda Water District subject to the following terms and conditions: (a) The territory within Annexation 87-1 to the Yorba Linda Water District shall be annexed without provision or liability for payment of taxes or expenses of the District incurred prior to the effective date of the annexation. (b) The territory within annexation 87-1 to the Yorba Linda Water District shall be subject to the privileges and the obligations of said District including the payment of debt services for the Yorba Linda Water District's general obligation bonds for the western service area authorized in 1959. (c) The territory within annexation 87-1 to the Yorba Linda Water District shall be subject to annexation fees totaling $116,662.97 and are to be paid in full prior to the District's Board of Directors determining and ordering the annexation. Section 9: The Secretary of the Yorba Linda Water District is hereby authorized and directed to file a certified copy of this resolution with the Executive Officer of the Local Agency Formation Commission of Orange County and make all other filings and pay such fees as are necessary to effect the purposes and intentions of this resolution. PASSED AND ADOPTED this 1 1 th of February by the following called vote: Ayes: 5 P. Armstrong, W. Cromwell, S. Fox, A. Korn, R. Knauft Noes: O Absent: p Abstain: O President Yorba Linda Water District Attest: /V Secretary Yorba Linda Water District STATE OF CALIFORNIA COUNTY OF ORANGE _SS • I, William P. Workman, Secretary of the Board of Directors of the Yorba Linda Water District do hereby certif i that the foregoing Resolution 88-7 was duly adopted by the Board of Directors of said District at a regular meeting of said Board duly held on February 11, 1988 and that it was adopted by the following vote: AYES: S P. Armstrong, W. Cromwell, S. Fox, A. Korn, R. Knauft NOES: 0 ABSTAIN: 0 ABSENT: 0 William P. Workman / Secretary of the Board o~ Directors Yorba Linda Water District (SEAL) Z Z o z ? a y moo sz 0a~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 30 31 32 s • PAGF 1 OF 2 EXHIBIT "A" PROPOSED ANNEXATION TO YORBA LINDA WATER DISTRICT ANNEXATION 87-1 ALL THAT CERTAIN LAND SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF YORBA LINDA, DESCRIBED AS FOLLOWS: LOT 19 OF HAZARD'S SUBDIVISION AS SHOWN ON A PLAT THEREOF RECORDED IN BOOK 18, PAGE 7 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE NORTHERLY LINE OF THAT CERTAIN STREET (49.5 FEET WIDE) NOW KNOWN AS BUENA VISTA AVENUE AND THE EASTERLY LINE OF THAT CERTAIN STREET (59 FEET WIDE) NOW KNOWN A VAN BUREN STREET AS SHOWN ON SAID PLAT OF HAZARD'S SUBDIVISION, SAID POINT BEING ALSO IN THE SOUTHERLY BOUNDARY OF THE YORBA LINDA WATER DISTRICT; PER FORMATION DATED DECEMBER 8, 1958, SAID POINT ALSO BEING THE POINT OF BEGINNING OF ANNEXATION 67-1 (FREDERICK) AS CERTIFIED BY THE SECRETARY OF STATE ON DECEMBER 18, 1967; THENCE SOUTHERLY ALONG THE WESTERLY LINE OF SAID ANNEXATION 67-1 SOUTH 0030'47", WEST, 1073.81 FEET TO THE SOUTHERLY LINE OF SAID ANNEXATION 67-1; THENCE NORTH 89°37'21" WEST, 910.08 FEET TO THE WESTERLY LINE OF SAID LOT 19, SAID LINE ALSO BEING THE WESTERLY BOUNDARY LINE OF THE CITY OF YORBA LINDA; THENCE NORTHERLY ALONG SAID LINE NORTH 0°31'19" EAST, 1073.99 FEET TO THE SOUTHERLY BOUNDARY OF SAID YORBA LINDA WATER DISTRICT; THENCE EASTERLY ALONG SAID SOUTHERLY LINE SOUTH 89°36'41" EAST. 909.92 FEET TO THE POINT OF BEGINNING. ccc -20 Z U < c way N _J O 0 Z Ua~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 0 0 PAGE 2 OF 2 THE ABOVE DESCRIBED PARCEL CONTAINS 22.43 ACRES, MORE OR LESS. ATTACHED HERETO AND MADE A PART OF, THIS MAP DESIGNATED AS ,EXHIBIT "B". PREPARED BY: DAVID DE GROOT, L.S. 39681 LS `0968 LICENSE EXPIRES: 06-30-88 kl`.~ OF, rAU0\ i 0 EXfllal r 04 " ANNEA~t/ 87- / Tn Yo e,3v LINDA r A7;c.. P ,6k57;'iCr 'A T/4 _ . . . 1, , , , , , , / / , _.r /1 L- - ~,ea4 41AJ0,4 WA7;~11-i1 mac. /958 cir~ F-/TiA LEUEND r 1 YA2BA UNOA B.x~NOA,eY ,4/6VCXA7?oA1 / ~YWAZW'-J' S 84°3&,4/"6 BuENA VISTA v V09.9 z I A VGN416-Z~ ,polNT GtF,8E4/N///IV6 ~ / r -s• / L- / , O ~ ANNE XAT/oN 87- 22.43 ACRES t• tU n N. N clrY a- rCNe64 41iV44 r, N89°37'2/" W P,pEpA,2E I~ 8 Y DA V/,D of O)eo 7,, [S 3W,6 [ 1C,I-A SE EXP/2£~S: b -30 "98 P,YOMAS 4N0 .455'4,4- 3/8 7 ^r p ,y/// A VE sT ?SO 42:ts7-X Af c s .o c4' 92"26 LS 3968 ~O 1 n W .4 .o -h CIO.06 ' si-Y I- /NE ANNcXAT/ON 67-1