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HomeMy WebLinkAboutMINUTES - 03191991 - 1.68 CORRECTED CUPY PLF,ASE DESTROY PREVIOUS ISSUE A THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on March 19, 1991 , by the following vote: AYES: Supervisors Fanden, Schroder, McPeak, Torlakson and Powers NOES: None ASSENT: None ABSTAIN: None SUBJECT: Resolution of Appl- ication to the Local Agency ) RESOLUTION 91/205 Formation Commission For a ) Reorganization and Amendment ) of Spheres of Influence, ) Norris Canyon Area ) (Gov. C. SS 56800, 56700, ) 56652, 56802, 56428) ) ) 1 . This Resolution, filed pursuant to the Cortese-Knox Act (Gov. Code, SS 56000 et seq. ) , is to request that the Local Agency Formation Commission of Contra Costa County (LAFCO) initiate proceedings for a reorganization consisting of the following changes of organization: A. Annexation of the territory described in Exhibit A to the East Bay Municipal Utility District. B. Annexation of the territory described in Exhibit A to the Central Contra Costa Sanitary District. C. Annexation of the territory described in Exhibit A to County Lighting District L-100. 2. The purpose of the proposed reorganization is to provide urban services so as to accommodate development of the territory known as the Wiedeman Ranch residential community and nearby lands in the Norris Canyon area. 3 . A map and description of the boundaries of the subject territory is attached as Exhibit A. The person to be provided notice of the hearing is Harvey Bragdon, Director of Community Development, 651 Pine St . , Martinez 94553 . 4 . A plan for providing services shall be submitted in accordance with Government Code section 56653 . 5. The subject territory contains more than 12 registered voters and is thus legally inhabited. 6 . This proposal is not consistent with the spheres of influence of all affected agencies . Concurrent amendments to the spheres of influence of affected agencies are hereby requested to make all spheres consistent with the aforenoted annexations. 7 . When the plan for providing services and any other supporting documents (e.g. , maps) are completed, the Director of Community Development shall file a certified copy of this Resolution with the Executive Officer of LAFCO together with any required fees . f Haney 0WW e+at ti,i. M a ma and Co. ow of an action u"n and a-in @ an go rnks0s of tiw Board of&uoar+W=' n fM dad ahoa*L ATTESTED: PHIL BATCHELOR,CWk Of f •Bard at&jpWVb=wA County Adm d*dw DCG/j h By .opt,► cc: Community Development Mark Armstronq RESOLUTION 91/205 ` s u- V .k c lojilTy 14 t ,.r -F ♦00 000*04 a f to •* M� • R + s - L.e4pao p GGGSP ULI AS-04 is-is og00000p PROPOSED SERVICE ALKAPT DISTRICTS BOUNDARY MAPNO DAWMLA BLVD AuMO,CA W�W MM us-n" EXHIBIT "A" PORTION OF PARCELS B, C AND ALL OF PARCEL D, AS SHOWN ON MS 108-86, FILED MAY 5, 1988, IN BOOK 133 OF PARCEL MAPS AT PAGE 8, CONTRA COSTA COUN'T'Y RECORDS; ALL OF PARCELS A,B AND C AND PORTION OF PARCEL D AS SHOWN ON MS 135-74, FILED DECEMBER 5, 1975 IN BOOK 41 OF PARCEL MAPS AT PAGE 21 AT SAID COUNTY RECORDS; ALL OF PARCEL A AS SHOWN ON MS 261-72, FILED FEBRUARY 27, 1973 IN BOOK 26 OF PARCEL MAPS AT PAGE 31 PORTION OF NORRIS CANYON ROAD; PORTION OF LOTS 1, 2, 3 AND 4; THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4; THE WEST 1/2 OF THE SOUTHWEST 1/4; AND THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4, ALL IN SECTION 21; AND PORTION OF SECTIONS 16 AND 17; ALL SECTIONS ARE IN TOWNSHIP 2, RANGE 1 WEST, MT. DIABLO BASE AND MERIDIAN. BEGINNING AT THE MOST NORTHERN CORNER OF SAID PARCEL D (133 PM 8); THENCE FROM SAID POINT OF BEGINNING ALONG THE NORTHERLY EXTENSION OF SAID PARCEL D (133 PM 8) NORTH 050 39' 15" EAST 66 FEET TO THE MOST WESTERN CORNER OF SAID PARCEL A (133 PM 8) SAID CORNER ALSO BEING AT THE NORTHERN RIGHT OF WAY LINE OF NORRIS CANYON ROAD;THENCE ALONG THE NORTHERN RIGHT OF WAY LINE OF SAID NORRIS CANYON ROAD EASTERLY TO THE NORTHERLY EXTENSION OF THE MOST NORTHWESTERN CORNER OF THAT CERTAIN PARCEL AS SHOWN ON A MAP ENTITLED "RECORD OF SURVEY PORTION AND NORRIS RANCH ("F MAPS 125) SAN RAMON GRANT" FILED OCTOBER 10, 1969 IN BOOK 52 OF LSM PAGE 18 AT SAID COUNTY RECORDER; THENCE ALONG THE WESTERN LINE OF SAID PARCEL (52 LSM 18) AND ALONG THE WESTERN LINE OF RANCHO SAN RAMON SOUTH 260 42' 52" WEST TO THE MOST TO A POINT ON THE SOUTHERN RIGHT OF WAY LINE OF SAID NORRIS CANYON ROAD; THENCE ALONG SAID SOUTHERN RIGHT OF WAY LINE WESTERLY TO THE MOST NORTHEASTERN CORNER OF SAID PARCEL A (26 PM 31); ' THENCE ALONG THE EASTERN AND SOUTHERN LINES OF SAID PARCEL A (26 PM 31) THE FOLLOWING FOUR (4) COURSES: 1) SOUTH 07' 31' 00" WEST 314.02 FEET, 2) SOUTH 760 05' 09" WEST 60.00 FEET, 3) SOUTH 000 34' 00" EAST 32.00 FEET.AND 4) SOUTH'700 00' 00" WEST 118.00 FEET TO A POINT ON THE EASTERN LINE OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN THAT CERTAIN DEED RECORDED IN BOOK 14966 OF OFFICIAL RECORDS AT PAGE 965 IN SAID OFFICE OF THE COUNTY RECORDER;THENCE ALONG THE EASTERN AND SOUTHERN LINES OF SAID PARCEL (14966 OR 965) THE FOLLOWING THREE (3) COURSES: 1) SOUTH 30° 25' 20" EAST 567.68 FEET, 2) SOUTH 08° 27' WEST 223.90 FEET AND 3) SOUTH 740 48' WEST 308.42 FEET TO A POINT ON THE EASTERN LINE OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN THAT CERTAIN DEED RECORDED IN BOOK 11343 OF OFFICIAL RECORDS AT PAGE 16 IN SAID OFFICE OF THE COUNTY RECORDER;THENCE ALONG THE EASTERN AND SOUTHERN LINES OF SAID PARCEL (11343 OR 16) THE FOLLOWING THREE (3) COURSES: 1) SOUTH 080 01' WEST 392.95 FEET, 2) SOUTH 000 32' EAST 349.98 FEET AND 3) SOUTH 890 28' WEST 562.50 FEET TO THE EASTERN LINE OF SAID PARCEL C (133 PM 8); THENCE LEAVING SAID EASTERN LINE SOUTH 840 06' 08" WEST 808 FEET; THENCE SOUTH 580 01' 07" WEST 326.76 FEET; THENCE SOUTH 050 33' 36" EAST 237.92 FEET; THENCE SOUTH 460 29' 19" EAST 981.80 FEET; THENCE SOUTH 330 02' 52" WEST 363.55 FEET; THENCE NORTH 64° 11' 35" WEST 559.68 FEET; THENCE NORTH 330 31' 40" WEST 755.77 FEET; THENCE SOUTH 520 27' 09" WEST 135.00 FEET; THENCE SOUTH 200 57' 17" EAST 598.24 FEET; THENCE SOUTH 520 08' 30" EAST 633.97 FEET; THENCE SOUTH 23° 45' 12" EAST 205 FEET TO THE MOST SOUTHERN LINE OF SAID PARCEL C (133 PM 8); THENCE LEAVING SAID SOUTHERN LINE SOUTH 640 42' 09" EAST 1040 FEET; THENCE NORTH 820 36' 12" EAST 159.03 FEET; THENCE NORTH 370 25' 58" WEST 489.25 FEET; THENCE NORTH 630 05' 22" EAST 292.71 FEET; THENCE SOUTH 73° 57' 40" EAST 560.93 FEET; THENCE NORTH 590 56' 31" EAST 824.18 FEET TO A POINT ON THE NORTHERN LINE OF SAID PARCEL D (41 PM 22); THENCE ALONG SAID NORTHERN LINE NORTH 810 22' 40" EAST 1089.50 FEET; THENCE LEAVING SAID NORTHERN LINE SOUTH 580 53' 34" EAST 584 FEET; THENCE SOUTH 230 59' 41." EAST 247.24 FEET; THENCE SOUTH 860 30' 21" EAST 364.09 FEET; THENCE SOUTH 570 23' 46" EAST 293.83 FEET; THENCE SOUTH 170 29' 43" WEST 404.18 FEET; THENCE SOUTH 820 04' 09" WEST 669.03 FEET; THENCE SOUTH 110 24' 37" WEST 549.61 FEET; THENCE SOUTH 720 01' 22" EAST 404.30 FEET; THENCE SOUTH 150 22' 41" EAST 273.79 FEET; THENCE SOUTH 460 18' 25" WEST 1343.88 FEET; THENCE SOUTH 400 53' 31" EAST 779.58 FEET; THENCE SOUTH 800 41' 24" EAST 855.23 FEET; THENCE SOUTH 11° 25' 37" EAST 790.75 FEET; THENCE SOUTH 580 58' 08" WEST 831.32 FEET; THENCE NORTH 770 30' 18" WEST 1116.38 FEET; THENCE NORTH 840 32' 06" WEST 941.87 FEET; THENCE NORTH 030 08' 38" EAST 434.28 FEET; THENCE NORTH 850 09' 02" WEST 706.62 FEET; THENCE NORTH 400 16' 59" WEST 732.82 FEET; THENCE NORTH 060 09' 14" EAST 1113.97 FEET; THENCE NORTH 600 22' 31" EAST 534.42 FEET; THENCE NORTH 430 45' 13" WEST 721.95 FEET; THENCE SOUTH 230 47' 56" WEST 911.88 FEET; THENCE SOUTH 720 00' 01" WEST 535.53 FEET; THENCE NORTH 690 58' 59" WEST 1595.68 FEET; THENCE NORTH 090 41' 07" EAST 884.38 FEET; THENCE NORTH 340 02' 44" EAST 753 FEET TO THE MOST SOUTHEASTERN CORNER OF SAID PARCEL "$" (133 PM 8); THENCE ALONG THE SOUTHERN LINE OF SAID PARCEL B (133 PM 8) SOUTH 810 22' 40" WEST 947.56 FEET TO THE MOST EASTERN CORNER OF SAID PARCEL C (133 PM 8); THENCE ALONG THE EASTERN, SOUTHWESTERN AND WESTERN LINE OF SAID PARCEL D (133 PM 8) THE FOLLOWING THREE (3) COURSES: 1) SOUTH 02° 42' 27" WEST 2604.71 FEET, 2) NORTH 440 35' 44" WEST 2416.15 FEET AND 3) NORTH 050 39' 15" EAST 2355.12 FEET TO THE POINT OF BEGINNING. 88074.2 SERVICE DIST. BOUNDARY(2) 4-15-91 (RC) co LAMEpA CouN�Y .•� �•is ur s �� � ; v � �, `c.'� ,'# '� c. 4a• 7; a Nc+•,c c �" 1 10 Is ? ~sj•fJ` I\Ocn , -G a v \ :1 r 1 • sem. / `�\\^�, tq� j o. c` rAf. 6V! � NI C ,Ot4 DES P ANS �,EG A�- -�0 ACCOM THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on March 19, 1991 , by the following vote: AYES: Supervisors Fanden, Schroder, McPeak, Torlakson and Powers NOES: None ABSENT: None ABSTAIN: None SUBJECT: Agreement With Developer, Weidemann Ranch 1 . This Board is adopting today a Resolution of Application to the Local Agency Formation Commission for a Reorganization and Amendment of Spheres of Influence in the Norris Canyon area, in order to allow development of the Weidemann Ranch residential community and nearby lands in the Norris Canyon area. 2 . After the County Counsel' s approval as to form, this Board approves and authorizes the Chair to sign an Agreement with the developer, in the form on file herein with its Clerk, in order to protect the County from any adverse financial consequences of making the aforesaid application for LAFCO approval on behalf of the developer. 3 . Upon signature by the Board's Chair and Developer compliance with the Agreement (e.g. , deposit of estimated application costs ) , the Community Development Director is directed and authorized to take all steps, including payment of fees, to file the aforesaid Resolution with the Executive Officer of LAFCO in order to initiate the reorganization process . DCG/jh 1 hereby ON*that 1119 IS•frA end ON, COPY of Orig. Dept. : County Counsel an action taken ane a-"- a: tM R Wwft of the cc: Community Development BWrd of&WWWMS OR60diftOWL Mark Armstrong AT E8TE0: Marrh 19. 1991 PHIL BATCHELOR CMOs a IM 9oard J-9:a:\1afco.bd a adQwftatOr BY 'DePutY AGREEMENT Contra Costa County (hereafter "County" ) and HCV & Associates , Ltd. , a California limited partnership (hereafter "Developer" ) , which has a legal interest in the majority of land subject to the reorganization hereinafter described, each in consideration of the promises of the other, agree as follows : 1 . County will apply to the Local Agency Formation Commission of Contra Costa County (LAFCO) for the following change of organization, or reorganization consisting of the following changes of organization, along with any appropriate sphere of influence change, in order to allow development to proceed for property in Norris Canyon Road area (hereafter the "subject territory" ) : A. Annexation of the territory described in Exhibit A to the East Bay Municipal Utility District. B. Annexation of the territory described in Exhibit A to the Central Contra Costa Sanitary District . C. Annexation of the territory described in Exhibit A to County Lighting District L-100 . 2 . Developer agrees to pay all costs of the application to LAFCO, including (but not limited to) 1 ) LAFCO fees, 2 ) CEQA fees , 3 ) expenses of staff time for coordination, oversight, and legal review and for preparation and review of the plan for providing services, maps, property descriptions, any proposed sphere of influence change, and any other documentation required by LAFCO or other agencies., and 4 ) any estimated costs of pending or threatened litigation (herea=ter collectively the "application costs" ) . 3 . Prior to the filing of the application with LAFCO, Developer will deposit with the Community Development Department the amount of.. , . to cover the application costs estimated by County. At such time as all actions have been completed by the County, so that all application costs are known, any excess of the deposit over the actual application costs will be refunded to Developer. Should application costs exceed the amount deposited by the Develrper, County will inform Developer of the amount of such excess costs, and Developer will deposit said amount with the Community Development Department within 10 working days . Should Develop,ar fail to timely deposit such excess costs , County may abandon the application and Developer agrees that it will have no recourse against County or LAFCO for any damages or injury sustained. r � 4 . Developer agrees to assist County in doing whatever is necessary to complete the foregoing application process, including (but not limited to) whatever County deems appropriate to preparing the plan for providing services and other documentation and to moving the application through LAFCO and conducting authority proceedings , such as providing maps, descriptions , and information on the subject territory and affected agencies . 5 . Developer agrees to defend, indemnify and hold harmless the County, LAFCO and conducting authority, including any and all of their officers, agents , and employees, from any legal action, claim or liability resulting from or incident to the aforesaid application, including (but not limited to) payment of any award, settlement, attorneys fees and costs of suit. 6 . Nothing herein shall be construed as requiring that the County exercise in any particular manner the discretion it has throughout the process of the aforenoted changes of organization or reorganization, and County shall retain all discretion it normally would exercise regarding CEQA issues, property tax exchange agreements , conducting authority discretion, or any other matter. Developer: Contra Costa County: HCV AND ASSOCIATES, LTD. , a California limited partnership By: HCV Pacific Development IV, By: a California limited Chair, Board of partnership as its Supervisors General Partner By: HCV Pacific Partners, Dated: a California general partnership as its General Partner By: RJV Properties, Inc . a California corporation, as its General Partner By: Approved as to Form: Randall J. Verrue President Victor J. Westman, County Counsel By: ,Deputy Dated: -2-