HomeMy WebLinkAbout1989-02-09 - Resolution No. 89-02• RESOLUTION NO. 89-2 •
RESOLUTION OF THE BOARD OF DIRECTORS
OF THE YORBA LINDA WATER DISTRICT
PROPOSI NG ANNEXATION NO. 88-1 TO THE YORBA LINDA WATER DISTRICT
PURSUANT TO GOVERNMENT CODE 66195 AND
CONSENTING TO ZERO TAX EXCHANGE ON
ANNEXATION 88-1 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. 88-1 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 $48,496.35 for the proportionate share of the depreciated value
of the District's West Side Water Service System and $96,167.35 for the
District's share of the post-proposition No. 13 1 % (one percent) general
property taxed 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 to
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
i
WHEREAS, the State lboard of Equalization has required c•pletion 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 Annexation No. 88-1 to the Yorba Linda
Water District.
Section 2: The territory to be annexed by Annexation No 88-1 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.
Section 3: The reason for said proposal of annexation is that the landowners have
requested water and sanitary sewer service within said territory.
Sect: 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.
88-1 to the Yorba Linda Water District.
Section & 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.
88-1 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.
Sec.'don 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.
Sec fim 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. 88-1 to the Yorba Linda Water District", and designate the
Yorba Linda Water District the conducting district pursuant to Government Code Section
56291.
8: The Board of10rectors of the Yorba Linda Water Osotrict hereby requests that
Annexation No. 88-1 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 88-1 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 88-1 to the Yorba Linda Water District subject to the following terms and
conditions:
(a) The territory within Annexation 88-1 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 88-1 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 88-1 to the Yorba Linda Water District shall be
subject to annexation fees totaling $144,663.70 and are to be paid in full prior to
the District's Board of Directors determining and ordering the annexation.
Section 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 9th day of February, 1989, by the following called vote:
AYES: Paul Armstrong, Sterling Fox, Roy Knauft, Arthur C. Korn
NOES:
ABSENT:
ABSTAIN:
President,
Yorba Linda Water District
ATTEST:
Sec tary,
Yorba Linda Water Distr'ct
BLOCK 6252
MODULE 50
EXHIBIT "A"
1 A14NEXATION 88-1 TO YORBA LINDA WATER DISTRICT
2 ALL THAT CERTAIN LAND SITUATED IN THE CITY OF YORBA LINDA, COUNTY OF
3 ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: LOT 21 OF HAZARD'S
4 SUBDIVISION, AS SHOWN ON A MAP RECORDED IN BOOK 18, PAGE 7 OF MISCELLANEOUS
5 RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, AND THAT PORTION OF THE NORTH
6'-ALF OF PINE STREET VACATED BY THE RESOLUTION OF THE BOARD OF SUPERVISOR'S
7 RECORDED MARCH 23, 1940 IN GOOK 1036, PAGE 283 OF OFFICIAL RECORDS OF
8'.)RANGE COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
9 BEGINNING AT THE SOUTHWEST CORNER OF ANNEXATION NO. 67-1 (FREDERICK) TO THE
10 YORBA LINDA WATER DISTRICT, SAID POINT ALSO BEING IN THE SOUTHEAST CORNER
11 OF ANNEXATION 87-1 TO SAID DISTRICT, SAID POINT ALSO BEING THE EASTERLY
12 LINE OF THAT CERTAIN STREET, 59.00 FEET WIDE, NOW KNOWN AS VAN BUREN
13 STREET AS SHOWN ON SAID HAZARD'S SUBDIVISION; THENCE SOUTH 89°51'25" EAST,
14 850.73 FEET ALONG THE EXISTING BOUNDARY LINE OF SAID YORBA LINDA WATER
15 DISTRICT PER SOUTHERLY LINE OF SAID ANNEXATION 67-1 TO THE SOUTHEAST CORNER
OF SAID ANNEXATION 67-1, SAID CORNER ALSO BEING IN THE WESTERLY BOUNDARY
16
17 OF THE "FORMATION" OF SAID YORBA LINDA WATER DISTRICT; THENCE SOUTH
18 0°18 41 WEST, 1049.15 FEET CONTINUING I~N G ALONG SAID EXISTING BOUNDARY LINE
19 PER SAID WESTERLY BOUNDARY TO A POINT IN THE SOUTHERLY LINE OF SAID NORTH
20 HALF OF PINE STREET; THENCE LEAVING SAID EXISTING BOUNDARY LINE NORTH
21 89°52'11" WEST, 518.52 FEET ALONG SAID SOUTHERLY LINE; THENCE
22 NORTH 35°47'49" EAST, 30.77 FEET TO A POINT IN THE SOUTHERLY LINE OF SAID
23 LOT 21; THENCE NORTH 89°52'11" WEST, 349.70 FEET ALONG SAID SOUTHERLY LINE
24 TO THE SOUTHWEST CORNER OF SAID LOT 21, SAID CORNER ALSO BEING IN THE
25 EASTERLY LINE OF SAID VAN BUREN STREET; THENCE NORTH 89°42'33" WEST,
26 29.50 FEET TO THE CENTERLINE OF SAID VAN BUREN STREET; THENCE
27 NORTH 0°17'27" EAST, 1024.26 FEET ALONG SAID CENTERLINE TO A POINT IN SAID
28 EXISTING BOUNDARY LINE OF SAID YORBA LINDA WATER DISTRICT PER THE SOUTHERLY
29 LINE OF SAID ANNEXATION 87-1; THENCE SOUTH 89°51'25" EAST, 29.50 FEET
30 ALONG SAID EXISTING BOUNDARY LINE PER SAID SOUTHERLY LINE TO THE POINT
31 OF BEGINNING.
32 THE ABOVE DESCRIBED PARCEL CONTAINS 20.99 ACRES, MORE OR LESS.
Follo-ts PAGE 1 OF 2
BLOCK 6252
-MODULE 50
EXHIBIT "A"
1 ANNEXATION 88-1 TO YORBA LINDA :.'ATER DISTRICT
2
3
4 SEE EXHIBIT "B" ATTACHED HERETO AND MADE A PART OF THIS LEGAL DESCRIPTION
6 BY REFERENCE HEREIN.
6
7 PREPARED UNDER THE DIRECTION OF:
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10 LS 3968
11 DAVID DE GROOT, L.S. 3968 ~r
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12 LICENSE EXPIRES: 06-30-92 ~rE OF CAL\0RN\
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THIS PROPOSAL DOES MEET THE APPROVAL
OF THE ORANGE COUNTY SURVEYOR'S OFFICE
C . R . NELSON, COUNTY SURVEYOR. SAND S~
DEPUTY COUNTY SURVEYOR
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PAGE 2 OF 2
-13LOCK: 6252
EXHIBIT B
MODULE: AM '
ANNEXATION 88-1 TO YORBA LINDA
I ( ANNEXATION 674
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se9.5r25"E 850.73'
189'5I'z5-x POINT OF QJGINNING
29.50'
29.5'
ANNEXATION
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WATER DISTRICT
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ANNEXATION 88- 1
AREA - 20.99 ACRES
SW Co r Saar 1-& 21
S'LY LINE LOT 21
/ OF HAZARDS
`N89 .52'11"W 349.7d t N89'52'IrW 518.52'
N89'42'33"W ` SLY LINE OF NORTH
29.50' 300. N3 . 7'771 HALF OF PINE STREET
LEGEND:
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~p LAND S~,~ -1lllii YORBA LINDA WATER
DE DISTRICT BOUNDARY
PREPARED BY: Ax~ ~C ~ AN
'l c,4-: Jl LS 396° BOUNDARY
DAVID DE GROOT, L.S. 3968
LICENSE EXPIRES: 6/30/92
PSOMAS AND ASSOCIATES
3187 RED HILL AVENUE, SUITE 250
COSTA MESA, CA. 92626 ql~ _ . ~PN~P
Thls proposal does meet the KV~ THO approval of the Orange County Surveyor's4 Office NC.R. Nelson, County Surveyor cGp~o
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Date or NO. 4136
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