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HomeMy WebLinkAboutMINUTES - 10171995 - D5 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on October 17, 1995, by the following vote: AYES: Supervisors Torlakson, Rogers, Smith, Bishop, & DeSaulnier NOES: None ABSENT: None ABSTAIN: None SUBJECT: Reclamation Districts 2024/2036 Annexation ) Boundary Reorganization ) RESOLUTION NO. 95/519 (LAFC 95-9) ) (Gov. Code, §§ 57082, 56839(a), 57081, 57083) Acting as conducting authority under the Cortese-Knox Act (Gov. C. Secs. 56000 et seq.), the Board of Supervisors of Contra Costa County RESOLVES that: 1. This Resolution is adopted pursuant to the Cortese-Knox Act, Government Code Sections 56000 et seq. 2. The change of organization or reorganization ("boundary change") approved by this Resolution consists of the following: Dissolution of Reclamation District 2036 Annexation of the territory of the dissolved District and other areas to Reclamation District 2024 3. The exterior boundaries of the above-noted boundary change are as specified in Exhibit A hereto. 4. The affected territory for this boundary change has been determined to be legally inhabited. 5. This boundary change is subject to the following conditions, as imposed by the Local Agency Formation Commission: 1 a. The affected territory shall be subject to all ordinances, rules, regulations, contractual obligations, bonded indebtedness, and special taxes or charges of any annexing agency. b. Other conditions: As set forth in the Plan for Providing Services After Reorganization on file for this proposal with the Local Agency Formation Commission and by this reference incorporated herein.. 6. The affected territory will be taxed for any existing bonded indebtedness of any annexing districts. The regular county assessment roll will be used for the collection of taxes and assessments in any territory annexed. 7. The purpose of the boundary change is: To provide greater efficiency in providing Reclamation District services to the affected territory. 8. California Environmental Quality Act ("CEQA"): a. [x] This boundary change is categorically exempt. or b. [ ] A negative declaration has been adopted by the lead agency. or [ ] An EIR has been adopted by the lead agency. If having discretion to approve the boundary change, the Board of Supervisors, as a responsible agency under CEQA, hereby certifies that it has reviewed and considered the EIR adopted by the lead agency. If required, the CEQA findings and statement of overriding considerations are attached as Exhibit B, hereto. 9. Pursuant to Government Code Section 57075 et seq, this Board finds that insufficient protests were filed to require termination of proceedings or confirmation by the voters and, therefore, ORDERS this boundary change subject to the terms and conditions specified herein. 10. The Clerk of this Board shall forthwith transmit a certified copy of this Resolution, along with a remittance to cover any applicable fees as proved by Section 54902.5.of the Government Code, to the Executive Officer of the Local Agency Formation Commission, with a request that the Executive Officer complete the boundary change by forthwith filing a Certificate of Completion and Statement of Boundary Change. 2 June 14, 1995 Reclamation District No. 2024 Post Consolidation Exterior Boundary That certain real property situated in the County of Contra Costa, State of California, contained within and adjacent to the lands commonly known as Orwood Tract and Palm Tract, described as follows: A portion of surveyed and protracted Sections 1, 2, 11, 12, 13, 14,23, and 24 in Township 1 North, Range 3 East, a portion of protracted Sections 5, 6, 7, 8, 17, 18, 19 and 20 in Township 1 North, Range 4 East, a portion_of protracted Section 35 in Township 2 North, Range 3 East, and a portion of protracted Section 31 in Township 2 North, Range 4 East, Mount Diablo Base and Meridian, as said sections are shown on the official township plats on file with the California State Lands Commission, more particularly described as follows: BEGINNING at the point of intersection with the south line of the Atcheson, Topeka and Santa Fe Railroad right-of-way with the west bank of Old River as described in Book 147 of Deeds, Page 122, recorded on April 15, 1918, Contra Costa County Records; thence up-stream in a general southerly direction along the west bank of Old River, as said west bank existed prior to commencement of the reclamation process, and as described in the aforementioned Book 147 of Deeds, Page 122, to the point of intersection with the. north bank of Indian Slough, as said north bank existed prior to commencement of the reclamation process, and as described in the aforementioned Book 147 of Deeds, Page 122; thence westerly along said north bank of Indian Slough,to the point of intersection with the south bank of the existing northerly dredger cut separating Orwood Tract from Byron Tract; thence westerly along said south bank of the existing northerly dredger cut sep4rating Orwood Tract from Byron Tract and the westerly extension thereof,to the point of intersection with the easterly We of th*t certain land surveyed for Leo F. FSI M n as shown on the Record of Survey filed on December 18, 1945 in Book 10 o LSM,Page 13, Contra Costa County Records, said line being the westerly One of"Parcel One" of"Exhibit B" conveyed to William E..Ralph, Trustee recorded Much 19,1991 in Book 16462 of Official Records,Page 518 and shown as "Parcel A" on that certain Parcel Map filed June 26, 1978 in Book 67 of Parcel Maps, Page 16, Contra Costa County Records; thence northerly along the easterly line of that certain land surveyed for Leo F. Fallman as shown on said Record of Survey filed in Book 10 of LSM,Page 13 to Page 1 of 2 June 14, 1995 the point of intersection with the northwest corner of"Parcel A" as shown on said Parcel Map filed in Book 67 of Parcel Maps, Page 16; thence continuing northerly along the easterly line of that certain land surveyed for Leo F. Fallman to the northeast corner of said land surveyed for Leo F. Fallman as shown on said Record of Survey filed in Book 10 of LSM, Page 13; thence westerly along the northerly line of that certain land surveyed for Leo F. Fallman as shown on said Record of Survey filed in Book 10 of LSM, Page 13 to the westerly bank of the existing dredger cut commonly known as Werner Cut; thence northerly along said westerly bank of Werner Cut, and the northerly extension thereof, through said Sections 23, 14 and 11 in Township 1 North, Range 3 East, to the point of intersection with the centerline of the existing waterway, including the dredger cuts and channel islands, separating Palm Tract from Veale Tract; thence along said centerline of the existing waterway, including the dredger cuts and channel islands, separating Palm Tract from Veale Tract, in the general sequential directions of easterly, northerly, easterly,then northerly to the point of intersection with the centerline of the existing waterway,including the dredger cuts and channel islands, separating Palm Tract from Holland Tract commonly known as Rock Slough; thence easterly along said centerline of the existing waterway, including the dredger cants and channel islands, separating Palm Tract from Holland Tract commonly known as Rock Slough, to the point of intersection with the west bank of Old River, as said west bank existed prior to commencement of the reclamation process, and as described in Book 147 of Deeds,Page 126,recorded on May 5, 1919, Contra Costa County Records; thence up-stream in a general southerly direction al6ng the west bank of Old River, as said west bank existed prior to commencement of the reclamation process, and as described in the aforementioned Book 147 of Deeds, Page 122, and Book 147 of Deeds, Page 126, to the point of intersection with the south line of the Atcheson, Topeka and Santa Fe Railroad right-of-way, said intersection being the TRUE POINT OF BEGINNING of the herein described parcel. EXCEPTING THEREFROM that certain berm situated along the west bank of Old River, commonly known as Elroe Island, conveyed to Paul and Kathryn Learner, Trustees,by that certain deed recorded April 16, 1991 in Book 16523 of Official Records,Page 989, Contra Costa County Records, said berm being assigned Assessor's Parcel Number 015-230-010. Page 2 of 2 11. Other Determinations/Findings: The Board of Directors of Reclamation District 2036 has by unanimous resolution consented to the dissolution. cworcMI&s%BSbc.doc I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Su=Mr date shown. ATTESTED: �I-1, PHIL BATCHELOR,Clerk of the Board aupervl and CO Admi is atpr BY Deputy E cc: .LAFCO-Executive Officer State Board of Equalization County Assessor County Recorder_ Public. Works Director Auditor-Controller Elections Pacific Gas & Electric Dante Nomellini 3