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Home My WebLink About2001-10-25 - Resolution No. 01-16RESOLUTION NO. 01-16 RESOLUTION OF THE BOARD OF DIRECTORS OF THE YORBA LINDA WATER DISTRICT RESOLUTION OF APPLICATION TO INITIATE PROCEEDINGS FOR ANNEXATION OF APPROXIMATELY 255.1 ACRES TO THE YORBA LINDA WATER DISTRICT WHEREAS, Pulte Home Corporation, (hereinafter referred to as "Pulte") the owner of approximately 255.1 acres of undeveloped land adjacent to the boundaries of Yorba Linda Water District, (hereinafter referred to as the "Pulte tract"), has requested annexation to the District in order to obtain water and sewer service for proposed development of said land; and, WHEREAS, Pulte has entered into a Pre-annexation Agreement with Yorba Linda Water District, under which Pulte has agreed to certain obligations, conditions and responsibilities, which are necessary for the orderly development of water and sewer facilities to serve the Pulte tract; and, WHEREAS, the Pulte tract is within the sphere of influence of Yorba Linda Water District, and the District is prepared to provide water and sewer service to said land upon the terms and conditions set forth in the Pre-annexation Agreement; and, WHEREAS, the Pulte tract is within the City of Yorba Linda, and the City of Yorba Linda, as lead agency has reviewed and certified an environmental impact report (EIR) for the proposed development which contemplated that water and sewer services will be provided to the development by Yorba Linda Water District and, WHEREAS, as a responsible agency, Yorba Linda Water District reviewed the Draft EIR, including the supplemental materials prepared and certified by the City of Yorba Linda for the revised 234 Dwelling Unit Project, and provided comments which were addressed in the final EIR, and, WHEREAS, the Board of Directors finds that the final EIR certified by the City of Yorba Linda adequately addresses the environmental impacts which would result from the annexation of the Pulte tract to Yorba Linda Water District, and, WHEREAS, the Board of Directors finds that it is in the best interests of the District that the Pulte tract be annexed to the Yorba Linda Water District on the terms and conditions set forth in this resolution of application; NOW THEREFORE, the Board of Directors of Yorba Linda Water District does hereby resolve as follows: Section 1: Application is hereby made to the Local Agency Formation Commission of Orange County, (hereinafter LAFCo) to initiate, conduct and complete proceedings for the annexation of the Pulte tract to the Yorba Linda Water District on the terms and conditions set forth in this Resolution and such other terms and conditions as may be approved by the Board during these proceedings. Section 2: This proposal is made pursuant to the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000, Section 56650 et seq. of the Government Code of the State of California. Section 3: The proposed change of organization consists of the annexation of approximately 255.1 acres of undeveloped and uninhabited territory, (the "Pulte tract"), to the Yorba Linda Water District, for purposes of extending water and sewer services to said lands for development. Section 4: A description of the boundaries of the land to be annexed, and a map of the Pulte tract are attached hereto and incorporated herein by this reference. Section 5: Yorba Linda Water District proposes that the annexation be made subject to the condition that the annexation be subject to the terms and conditions set forth in the Pre-annexation Agreement. Section 6: The reason for the proposed annexation is to provide water and sanitary sewer service for planned development of the Pulte tract. Section 7: All of the owners of land within the Pulte tract have consented in writing to the proposed annexation of the Pulte tract to the Yorba Linda Water District, and to the terms and conditions set forth herein. Section 8: The Yorba Linda Water District is the chief proponent of this proposed annexation and has designated the following persons as the District's representatives for purposes of this application. Mr. Ken Vecchiarelli Mr. Chuck Gray Section 9: The annexation proposed by this application is consistent with the sphere of influence for the Yorba Linda Water District adopted by LAFCo. Section 10: A plan for provision of services to the Pulte tract is submitted with this application and incorporated herein by this reference. Section 11: Other than Yorba Linda Water District there are no affected agencies that will gain or lose territory as a result of the change of organization proposed herein. The Pre- annexation Agreement contemplates the annexation of the Pulte tract to the Orange County Water District at a future date. Section 12: There are no registered voters within the subject territory and Pulte is the only owner of land within the subject territory. Section 13: The board of Directors of Yorba Linda Water District hereby requests that LAFCo approve the proposed annexation without notice, hearing or an election, as authorized by Section 56663 (a) of the Government Code, and that LAFCo waive protest proceedings as authorized by Section 56663 (c) of the Government Code. Section 14: Yorba Linda Water District waives any exchange of property tax revenues. Section 15: The Board of Directors finds that the environmental impacts of the proposed annexation of the Pulte tract to the District have been adequately addressed in the EIR certified by the City of Yorba Linda as lead agency, and that no additional environmental review is required. Section 16: The Secretary of the Yorba Linda Water District is hereby authorized and ,lirected to file a certified copy of this Resolution with the Executive Officer of the 6 )range County Local Agency Formation Commission and make all other filings and pay uch fees as are necessary to effect the purposes of this Resolution. Adopted this 25`h day of October by the following roll call vote: AYES: Abramowitz, Armstrong, Korn, Summerfield NOES: None ABSENT: Beverage ABSTAIN: None Paul R. Armstrong, President Secretary OOQ'*yy At ~ ' s l R • R t • a s t 0 L~ R R tt t Q 1 a ` { a . { { otS { a' cn s { ! tr rr r Waa~3l~d r r t t r r a 1. ao ~ ; r t ; ti ^ y'1i1 i ` ~ ~r rr w ~ ~ ' 1 1 rt ; i r i ' "t t 1 1 1 r l i; r l i t r s t' r r a t a a a a s r r i a a ♦ ■ t t a. •+j%j%j61 OJJL 0»3 Modules 39,49,59 30,40,41 50-54.60-64 EXHIBIT "A" Reorganization No. 126 (8099-xx) 3 Annexation to the Yorba Linda Countv Water District and to the Orange County Water District 4 5 Parcels 1, 2,3, and 4 of Parcel Map No. 88-156 in the City of Yorba Linda, County of Orange, 6 State of California, as shown on a map filed in Book 239, Pages 1 through 4, inclusive, of Parcel 7 Maps in the Office of the County Recorder of said County, together with the Westerly 30.00 feet 8 of Ohio Street, as shown on Tract No. 5077, recorded in Book 308, Pages 49 and 50 of 9 Miscellaneous Maps and on a map filed in Book 47, Page 25 of Records of Surveys, both in the 10 Office of the County Recorder of said County, more particularly described as follows: 11 BEGREgNG at an angle point in the existing boundary of the Yorba Linda County Water 12 District (YLCWD) as established per the "Formation" of said District, and "Reorganization No. 13 94-01" to said District, said angle point being the easterly terminus of that certain course described as "thence Easterly along said Westerly prolongation and along the Northerly line of 15 Blocks 11 and 10 Yorba Linda Tract to a point of the West line of Ohio Street, 60.00 feet in 16 width as now laid out" in said "Formation and a point that is North 89°41' 12" West, 30.00 feet 17 from the most Southeasterly corner of said "Reorganization No. 94-01 18 THENCE along said existing YLCWD boundary per said Reorganization No. 94-01, South 89° 19 41'12" East, 30.00 feet to the centerline of said Ohio Street and the Southerly terminus of that 20 certain course shown as "North 250 11'36" East, 1597.14 feet" on the Westerly line of said 21 Parcel Map No. 88-156; 22 THENCE continuing along said existing boundary per said Reorganization and following along 23 the boundary line of said Parcel Map though the following described courses: North 25°11'36" 24 East, 1597.14 feet; 21 THENCE North 01016'32" East, 1230.02 feet; Page 1 of 3 1 EXHIBIT "A" Reorganization No. 126 (R099-xx) 4 Annexation to the Yorba Linda Countv Water District and to the Orange Countu Water District 5 THENCE leaving said existing YLCWD boundary and continuing along said Parcel Map 6 boundary South 88°24'07" East, 5245.91 feet to a point in said existing YLCWD boundary as 7 established by Parcel 2 of Annexation No. 78-1 to said district, said point being North 8 01°29'35" East, 1107.06 feet from the Southwesterly corner of said Parcel 2 of "Annexation No. 9 78-l"; 10 THENCE along the existing district boundary per last mentioned annexation and per 11 "Annexation No. 77-2" to said district and continuing along said Parcel Map boundary the 12 following courses: South 01029135" West, 1107.06 feet; 13 THENCE North 89053'55" West, 651.26 feet to the most Northwesterly comer of said nnexation No. 77-2"; THENCE leaving said district boundary and continuing along said Parcel Map boundary the 16 following courses: North 89°40'21" West, 2626.61 feet; 17 THENCE South 00°08' 10" West, 1269.69 feet; 18 THENCE North 89°41' 12" West, 742.71 feet; 19 THENCE South 00°O8' 10" West, 1173.00 feet to a point on said existing boundary of the '•0 YLCWD as established per said "Formation", said point being South 89°41' 12" East, 1927.79 '•1 feet, more or less from the westerly terminus of that certain course described as "thence Easterly t2 along said Westerly prolongation and along the Northerly line of Blocks 9 and 8 of said Yorba :3 Linda Tract to the Northeast comer of said Block 8"; :4 THENCE following along said existing YLCWD boundary line and continuing along said 5 Parcel Map boundary North 89'41'12" West, 1897.79 feet; Page 2 of 3 1 EXHIBIT "A" Reorganization No. 126 (8099-xx) 3 Annexation to the Yorba Linda County Water District and to the Orange County Water District 4 THENCE leaving said Parcel Map boundary, and continuing along said existing district 5 boundary the following courses: North 89041'12" West, 30.00 feet; 6 THENCE North 00°06'20" East, 990.13 feet to the Point of Beginning. 7 EXCEPTING THEREFROM that portion shown as "Not A Part" on said Parcel Map No. 88- 8 156 and more particularly described as follows: 9 Beginning at a point distant North 00008'10" East, 401.87 feet and North 51 °59'08" West, 10 441.31 feet from the Southerly terminus of that certain course shown as "North 00°08' 10" East, 11 1269.69 feet on said Parcel Map; 12 THENCE North 51059'08" West, 185.78 feet; 13 THENCE South 00006'08" West, 357.09 feet; THENCE North 88°57' 19" East, 146.60 feet; 15 THENCE North 00°06'08" East, 240.00 feet to the Point of Beginning. 16 The above described parcel of land contains 255.07 acres, more or less. 17 18 Attached and made apart of is a map designated as EXHIBIT `B". 19 20 This document was prepared by me This proposal does meet the approval of the 21 or under my direction. kange County Surveyor's Office. 22 D eyor 24 My license expires ONPL LAA/~s l1J{~ 25 Page 3 o7f3 a No. 6803 $ No.4** x.9/30/00 * F 0 A OF C1~1. 50-54, 60-64 This docume. is prepared by me or under my supervision and direction. Dated this jeZI day of c;2w 1999, Robert JelirA P. L. S. No. 6803 My license expires 9 /30 /00 This document does meet the approval of the Orange, County Surveyor's Office Dated John REORGANIZATION' No. 126 (11099 - J foisn-V 0 Annexation to the Y, Linda' County Water District and Annexation to t, range County Water District a No. 6803 $ 1 - 1F Ev.9rd0= / It of: ad •:t; 1 •ay 1 ~'r r 0 aa4 O V :g' aa~ ~ -~Q e 1AF a LAIV 1999. + • Detail 'EXCEPTION' 1 • o Ns1• s9'oa-w 185.78- 01 n •h ♦ ; n 4.ti o 2m' ' as o o 4D ♦ °O o 44L. F 1 ;1. 4• o 0o 1 °0a ♦ ♦ sY „ Ix 00 tr °e 0 / r'Naa•57'19-E 146.60• •OO' r o i MI ~ • 1 W ' 1 o , o, 'O I --N89-41.12-W 742.71'------- can' ~ry P.O.B. r o o Intersection of the m4A West line of Ollie St.. rn with the North line of 11 - Block 10, Yorba Linda Tract _ 11 TRACT 5077 MM 308/49-50 I ~ N89.41'12 _W ' 30.00' 1 ~r FORMATION YLCWD- - - RS 47/26 ♦ 0 A W N ° o j N n N W n n 0 Z Parcel 4 Sa8.24'07"E 5245.91' Wb i CITY OF Parcel 2 P.M. No. 88-156 P.M.B. No. 239/1-4 YORBA LINDA 255.07 s Nel.Aeres EXCEPTION See Detail,, ♦ 3 . I ` I p . o e 0 n / ~`1189.41.12•W 742.71- 3 o 0 0 NW car. 6 BLK 9, Yorba Linda Tract y N89.41'121W 1927.79' - -Ne9'41'12•W11e97.79' - 'North line Blocks 9 = ae' Yorba Linda Tract a o 0 Parcel I ; n 0 N N89* 53'55"W 651.26, _ N89' 40'21-W 2626.61' 11 - 1 1 7r Annexation No.77- 'Annexation Boundary Existing Yorba Linda County Water District Boundary Existing Orange County Water District Boundary ' ._-N.E. corner Block 8 Yorba Linda Tract 600' 0' 600' 1200' I. COUNTY . OF ORANGE PUBLIC FACILITIES and RESOURCES DEPARTMENT G NOMA TICS DIVISION Parc ~b A h' 3 Most SE'17 Corner ooreanizalion 94-01 NE :or. BLN 10. Yorb Vol. Tract 1 ~4 te. /