HomeMy WebLinkAboutMINUTES - 06141994 - 2.5 6 o
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TO: BOARD OF SUPERVISORS `
Costa
County
FROM: PHIL BATCHELOR cr
°
County Administrator
DATE: June 14, 1994
SUBJECT: . COUNTY FIRE DISTRICT REORGANIZATION STATUS REPORT
Specific Request(s) or Recommendation(s) & Background & Justification
RECOMMENDATIONS:
1 . Acknowledge that valid Voter Confirmation Petition signatures equal to
25% have been received to require an election in the area of the Orinda
Fire Protection District.
0
2 . Adopt a Further Resolution Completing Proceedings For the County Fire
Districts Boundary Reorganization (LAFC 94-20) ; Resolution Calling and
Notice of Election In the Orinda Fire Protection District On the
Question of the Dissolution of the Orinda Fire Protection District and
Annexation of the Territory Thereof to the Contra Costa County Fire
Protection District on Tuesday, November 8, 1994 .
3 . Amend May 3, 1994 action of the Board of Supervisors on the
reorganization of certain fire commissions to delete the Orinda Fire
Protection District Advisory Commission from operation of the May 3,
1994 Board Order.
REASONS FOR RECOMMENDATION/BACKGROUND:
Voter Confirmation Petition
On May 10, 1994 the Board of Supervisors took action to complete the
reorganization of certain County fire districts . The approved reorganization
Continued on Attachment: X YES Signature:-
Recommendation
ignature:Recommendation of County Administrator
Recommendation of Board Committee
Approve Other
Signature(s) :
Action of Board on: Qk"_' jq1 12 9 Approved as Recommended— -other
Vote of Supervisors : I HEREBY CERTIFY THAT THIS IS A TRUE
AND CORRECT COPY OF AN ACTION TAKEN
--�- Unanimous (Absent 2 ) AND ENTERED ON THE MINUTES OF THE
Ayes : Noes : ) BOARD OF SUPERVISORS DATE SHOWN.
(
Contact: T. McGraw (646-4855) Attested: �"" � 1
cc : County Administrator Philatchelor, Clerk of
Auditor-Controller the Joard of Supervisors
County Counsel and County Administrator
LAFCO
County and Indep. Fire Dists . By: , DEPUTY
United Professional
Firefighters Local 1230
Dale Robbins, Teamsters Local 315
P. 0. Box 3010, Martinez, CA 94553
County Fire District
Reorganization Status Report
Page 2
June 14, 1994
consists of annexing the Oakley, Orinda, Pinole, Riverview and West County
Fire Protection Districts and a portion of the Bethel Island Fire Protection
District to the Contra Costa County Fire Protection District. The
reorganization also involved the concurrent dissolution or detachment of
affected districts or territory.
The adopted reorganization was subject to potential voter confirmation if,
within 30 days of the approval by the Board of the reorganization, petition
signatures equal to 25 percent of the registered voters of any of the
reorganized districts were received.
A Voter Confirmation Petition effort sponsored and financed on the basis of
3-2 vote of the Orinda City Council has resulted in a sufficient number of
signatures to require an election in the Orinda Fire Protection District.
As of the petition cut-off date of June 9, 1994, the Clerk of the Board
received 4 ,458 petition signatures . The number of valid signatures required
to force an election is 2, 834 ( 11,335 registered voters x 25%) . The County
Elections Department verified 2,986 as valid signatures of registered voters
of the Orinda Fire District.
No petition signatures were submitted from any of the other affected district
involved in the reorganization.
Resolutions Completing Proceedings and
Calling Election
As a result of the requirement to hold an election in the Orinda Fire
Protection District on the issue of the dissolution of the Orinda Fire
Protection District, it is necessary to adopt a Further Resolution Completing
Proceedings for the County Fire Districts Boundary Reorganization (LAFC 94-
20) ; Resolution Calling and Notice of Election In the Orinda Fire Protection
District On the Question of the Dissolution of the Orinda Fire Protection
District and Annexation of the Territory Thereof to the Contra Costa County
Fire Protection District to delete the Orinda Fire Protection District from
the reorganization. This Further Resolution, when transmitted to the Local
Agency Formation Commission (LAFCO) , will enable the LAFCO Executive Officer
to file necessary documents with the State to complete the reorganization
without waiting for the results of the Orinda election.
As to the Orinda Fire Protection District, the annexation/dissolution of that
District shall be subject to confirmation by a majority of the registered
voters of the District voting in a special election to be held on November 8,
1994 .
Fire Commission Reorganization
On May 3, 1994, the Board of Supervisors abolished the advisory fire
commissions of Contra Costa County, Oakley, Orinda, Pinole, Riverview and
West County Fire Protection Districts . The Board also created a new seven-
member advisory fire commission including guaranteed representation for an
industry member for the reorganized Contra Costa County Fire Protection
District. Both of these actions will be effective upon the completion of the
fire district reorganization.
The Orinda advisory fire commission remains unaffected pending the outcome of
the confirmation election.
2. 5
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on June 14, 1994, by the following vote :
AYES: Supervisors Smith, DeSaulnier and Bishop
NOES: None
ABSENT: Supervisors Powers and Torlakson
ABSTAIN: None
SUBJECT: Further Resolution ) Res . 94/ 320
Completing Proceedings For the )
County Fire Districts Boundary ) (Gov. C. Secs . 57081 (b) (1) (B) ,
Reorganization (LAFC 94-20) ; ) 57100, 57103 (a) , 57125, 57130-2,
Resolution Calling and Notice of ) 57133 (f) , 57134, 57137, 57140 (a) ,
Election In the Orinda Fire ) 57142 (a) , 57144-9, 57150 (e) ,
Protection District On the Question ) 57200-4, 57550)
of the Dissolution of the Orinda )
Fire Protection District and )
Annexation of the Territory Thereof )
to the Contra Costa County Fire )
Protection District )
Pursuant to the Cortese-Knox Act, Government Code sections 56000 et
seq. , the Board of Supervisors of the County of Contra Costa resolves as
follows :
1 . On or about January 25, 1994, the Board of Supervisors of Contra
Costa County, acting as the governing board of all fire districts
involved in this reorganization, adopted and filed a Resolution of
Application with the Local Agency Formation Commission (LAFCO) for
approval of the subject boundary reorganization, consisting of: a)
Annexation to the Contra Costa County Fire Protection District of all
territory presently within the Oakley, Orinda, Pinole, Riverview and
West County Fire Protection Districts and a portion of the territory
of the Bethel Island Fire Protection District; b) dissolution of the
Oakley, Orinda, Pinole, Riverview, and West County Fire Protection
Districts; and c) detachment of a portion of the territory of the
Bethel Island Fire Protection District .
2 . The reason for this proposal is to allow the provision of better
and more economic fire protection services to the area of all affected
Fire Protection Districts .
3 . On April 13, 1994, after noticed public hearing, LAFCO approved
the subject Reorganization, designating the matter as the County Fire
Districts Boundary Reorganization (LAFC 94-20) .
4 . On May 10, 1994, this Board held a noticed public hearing on the
subject Reorganization, receiving any protests that any person desired
to file, hearing all testimony that any person desired to present, and
receiving any letters or other documents that any person desired to
submit . This Board then closed said public hearing and found that no
legal protests had been filed against the Reorganization.
5. On May 10, 1994, this Board adopted Resolution 94/275, completing
proceedings and ordering the County Fire Districts Boundary
Reorganization subject to the filing within 30 days thereof of any
petition sufficient to cause an election in any of the reorganized
Districts . Said Resolution 94/275, -attached as Exhibit A hereto, is
incorporated as if set forth in full herein.
1
RESOLUTION NO. 94/320
6. This Board hereby determines that a petition sufficient to cause
an election has been received within 30 days from May 10, 1994, for
the Orinda Fire Protection District .
7 . Accordingly, this Board hereby affirms Resolution 94/275 to
complete the Reorganization without election, except for the
dissolution of the Orinda Fire Protection District and annexation of
the territory thereof to the Contra Costa County Fire Protection
District . The Clerk of this Board shall forthwith transmit a certified
copy of this Resolution, along with a remittance to cover any
applicable fees as provided by the Government Code, to the Executive
Officer of the Local Agency Formation Commission so that the Executive
Officer can file a Certificate of Completion and Statement of Boundary
Change to complete and make effective said Reorganization exclusive of
the dissolution of the Orinda Fire Protection District and annexation
of the territory thereof to the Contra Costa County Fire Protection
District . As to the Orinda Fire Protection District, this Board hereby
orders that the dissolution of said District and annexation of the
territory of said District to the Contra Costa County Fire Protection
District, as part of said Reorganization under the terms and
conditions of Resolution 94/275 (attached hereto) , shall be subject to
confirmation by a simple majority of the resident voters of the Orinda
Fire Protection District voting in a special election to be held in
conjunction with the General Election scheduled for Tuesday, November
8, 1994 . The territory of the Orinda Fire Protection District is as
shown on Exhibit B hereto.
8 . A special election is hereby called for the voters residing in the
territory of the Orinda Fire Protection District for Tuesday, November
8, 1994, on the following question:
"'Shall Resolution 94/275, adopted on May 10, 1994 by the Board of
Supervisors of Contra Costa County, ordering a reorganization
affecting the Contra Costa County Fire Protection District,
Oakley Fire Protection District, Pinole Fire Protection District,
Riverview Fire Protection District, Bethel Island Fire Protection
and Orinda Fire Protection, be confirmed as to the dissolution of
the Orinda Fire Protection District and annexation of the
territory of the Orinda Fire Protection District to the Contra
Costa County Fire Protection District, subject to the terms and
conditions specified in Resolution 94/275?"
9. The precincts and polling places for said special election in the
territory of the Orinda Fire Protection District shall be the same as
those for the General Election held the same day. Insofar as
applicable, the general election and local election provisions of the
Elections Code shall apply as to the qualification of voters, the
manner of voting, the form of the ballot, the duties of precinct and
election officers, the canvassing of returns and other particulars .
10 . The Clerk of the Board of Supervisors shall give notice of the
election by publication, posting, and mailing of this Resolution, in
accordance with Government Code Sections 57025 (a) , (b) , 57130 and
57131 .
11 . The Clerk of the Board of Supervisors shall immediately transmit,
by certified mail, a copy of this Resolution to the Executive Officer
of the Contra Costa Local Agency Formation Commission to notify said
Officer of the aforenoted election and request that said Officer
prepare and submit to the Commission an impartial analyis of the
matter to be voted upon, as required by Government Code Section 57144 .
2
RESOLUTION NO. 94/320
Upon approval by the Commission, the Executive Officer is requested to
forward said analysis to the County Clerk (Elections Department) no
later than the last day for submission of rebuttal arguments, in
accordance with Government Code Sections 57144 and 57147.
12 . The County Clerk (Elections Department) shall timely take all
actions specified in Government Code Sections 57145 through 57149,
including (but not limited to) setting the date for and publishing
notice of the submission of arguments for or against the question to
be voted upon.
13 . Upon completion of the election and canvass of the results
thereof, this Board will take such further action as is contemplated
by applicable law.
cc: Elections Department ihereby certifythat this isatrue and correctcopyof
LAFC O Executive Officer an action takennd entered
tt d do t sominutes of the
Board Of$UPS Tnna`1 Ll 1QQ/
ATTEPHI atld�n4►of tAdrttinlstrator
c: 94-275-2 .doc
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3
RESOLUTION NO. 94/320
• DATE: /Y-
REgUMT TO SPEAK FORM,
(THREE (3) MINUTE LIMIT 0i
Complete this form and place it in the box near the speakers' rostrum before
addressing the Board.
NAME: -0 a�,1 ("Jv�- PG PHONE: 22-o'52,;/U
ADDRESS: 0,2-0 CITY: "Ay2 T/N F-2
I am speaking formyself OR organization: ����' T�
Check one: (NAME OF ORGANI/.VTION)
X I wish to speak on Agenda Item # -2-5,
My comments will be: general X for against
I wish to speak on the subject of
I do not wish to speak but leave these comments for the Board to consider.
DATE:
Y
REQUEST To SPEAK FORM
(THREE (3) MINUTE LIMIT) 2
Complete this form and place it in the box near the speakers' rostrum before
address' a%ard.NAME: LS PHONE:
ADDRESS: O CITY: Or Lwd d
I am speaking formyself OR organization:
Check one: (NAME OF ORGANIZATION)
I wish to speak on Agenda Item # 1-� ataoUt6�
My comments will be: general for against
I wish to speak on the subject of
I do not wish to speak but leave these comments for the Board to consider.
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on May 10, 1994, by the following vote :
AYES : Supervisors Powers, Smith, Bishop, Torlakson and De Saulnier
NOES : None
ABSENT: none
ABSTAIN: None
SUBJECT: Resolution Completing )
Proceedings for the ) RESOLUTION NO. 94/275
County Fire Districts ) (Gov. Code §§ 57078,
Boundary Reorganization ) 57081, 57082, 57083)
(LAFC94-20) )
Pursuant to the Cortese-Knox Act, Government Code sections
56000 et seq. , the Board of Supervisors of the County of Contra Costa
resolves as follows :
1 . On or about January 25, 1994, the Board of Supervisors of Contra
Costa County, acting as the governing board of all fire districts
involved in this reorganization, adopted and filed a Resolution of
Application with the Local Agency Formation Commission (LAFCO) for
approval of the subject boundary reorganization, consisting of: a)
Annexation to the Contra Costa County Fire Protection District of all
territory presently within the Oakley, Orinda, Pinole, Riverview and
West County Fire Protection Districts and a portion of the territory
of the Bethel Island Fire Protection District; b) dissolution of the
Oakley, Orinda, Pinole, Riverview, and .West County Fire Protection
Districts; and c) detachment of a portion of the territory of the
Bethel Island Fire Protection District .
2 . The reason for this proposal is to allow the provision of better
and more economic fire protection services to the area of all affected
Fire Protection Districts .
3 . On April 13, 1994, after noticed public hearing, LAFCO approved
the subject Reorganization.
4 . On May 10, 1994, this Board held a noticed public hearing on the
subject Reorganization, receiving any protests that any person desired
to file, hearing all testimony that any person desired to present, and
receiving any letters or other documents that any person desired to
submit . This Board then closed said public hearing and found that no
legal protests had been filed against the Reorganization.
5. There will be no name change for the Reorganized district, which
will continue to be known as the Contra Costa County Fire Protection
District . The Oakley, Orinda, Pinole, Riverview and West County Fire
Protection Districts will cease to exist .
6. If no petition sufficient to require an election is received
within 30 days from May 10, 1994, this Board hereby orders the
Reorganization without election, subject to the following conditions
approved by LAFCO:
a . All equipment and other personal property, all real property
and all records, funding, rights, liabilities and assets, whether
tangible or intangible, of the Oakley, Orinda, Pinole, Riverview
and West County Fire Protection Districts shall be combined with
1
RESOLUTION NO. 94/275
Exhibit A to Res. 94/320
=...til
the property, rights and obligations of the Contra Costa County
Fire Protection District . However, any equipment acquired by a
fire district through donation shall continue to be assigned to
the area for which the equipment was intended at the time of
donation. The Board of Supervisors, as the Governing Board of
the Districts, shall take whatever measures are necessary to
effect these actions .
b. Any benefit assessments or development fees associated with
any existing fire district shall be continued and restricted for
use in the area of the consolidated district that corresponds to
the territory of the former fire district in which the revenue
source was implemented.
C. The Chief of the Riverview Fire Protection District will
become the acting Chief of the Contra Costa County Fire
Protection District .
d. All other employees of the Orinda, Riverview and West County
Fire Protection Districts will become employees of the Contra
Costa County Fire Protection District in the positions they hold
at the time of annexation.
e . All employees of the Contra Costa County, Orinda, Riverview
and West County Fire Protection Districts are employed in
identical Merit Systems administered by Contra Costa County. The
rules for those Merit Systems ate contafned in the Personnel
Management Regulations which will remain in effect for all
employees unchanged for the merged fire service .
The terms and conditions of employment of the represented
employees of the Contra Costa County, Orinda, Riverview and West
County Fire Protection Districts are governed in part by a
memorandum of understanding between the respective fire
protection districts and United Professional Firefighters,
I .A. F. F. , Local 1230, which has expired but the terms of which
are continued by operation of law. Those terms and conditions of
employment shall continue to remain in effect as provided in said
memorandum of understanding unless and until they are changed by
agreement of the parties, or by lawful action by the respective
fire protection districts individually so long as they exist, or
by the Contra Cost County Fire Protection District .
f . The Oakley Fire Protection District will become a reserve
division of the Contra Costa County Fire Protection District,
known as the Oakley Reserve Division. Fire protection services
will continue to be provided by traditional paid-on-call
personnel. It is the intention of the Board of Supervisors to
continue the paid-on-call system unless future circumstances
suggest that the system is no longer effective, in which case,
the policy decision to alter or augment the system will be made
by the Board of Supervisors .
g. The chief officers of the Oakley Fire Protection District
shall be placed in non-merit system positions in the Oakley
Reserve Division of the Contra Costa County Fire Protection
District as follows :
Current Title Reserve Division Position Title
Chief Volunteer Chief/Reserve Coordinator
Asst . Chief Volunteer Asst . Chief/Training Coordinator
2
RESOLUTION NO. 94/275
Exhibit A to Res. 94/320
Asst . Chief Volunteer Asst . Chief/Training Coordinator
h. All other employees of the Oakley Fire Protection District
will be placed in non-merit system positions in the Oakley
Reserve Division of the Contra Costa County Fire Protection
District comparable to their present positions .
i . All employees of the Oakley Fire Protection District, as
employees of the Oakley Reserve Division of the Contra Costa
County Fire Protection District, shall be paid at the level and
on the basis they are paid at the time of this Reorganization.
j . All employees of the Oakley Fire Protection District, as
employees of the Oakley Reserve Division of the Contra Costa
County Fire Protection District will be eligible only for
benefits being received at the time of this Reorganization unless
otherwise authorized by the Board of Supervisors .
k. This application takes into account the fact that the Pinole
Fire Protection District has no employees and that no employees
of the Bethel Island Fire Protection District are affected by the
detachment .
1 . With this change of organization to add territory to the
Contra Costa County Fire Protection District, it (the Contra
Costa County District) as it now exists shall remain in existence
for the purposes and continued application of the Fire Protection
District Laws of 1961 and 1987 .
M. The Board of Supervisors shall direct the Contra Costa
County Fire Protection District Fire Chief to investigate the
creation of any Urban/Wildlands interface zone to include certain
areas of the current Contra Costa County, Moraga, Orinda and West
County Fire Protection Districts . Property taxes paid in the
Orinda area would be restricted for expenditure within any such
zone . The Orinda City Council will be an Advisory Committee in
the creation of the aforementioned Urban/Wildlands interface
zone .
n. The Contra Costa County Fire Protection District will
maintain the following minimum standards of existing service
levels :
1) While allowing for station relocation within a former
district, average and maximum response times, as measured
from existing fire stations to the area served by those
stations, will be maintained. The current number of fire
stations in the existing districts will not be reduced.
2) The existing Incident Command System (I .C . S . ) ,
utilizing engine company personnel, chief officers and
staff as commonly utilized in the fire service in
California will be continued.
3) Support services, as measured by inspection and abatement
service levels, development plan review service levels and
disaster preparedness coordination effort will be
maintained.
4) Emergency medical training, wildlands fire training,
hazardous materials training and other specialized training
based on local area needs will be provided as necessary
within each of the former districts.
3
RESOLUTION NO. 94/275
Exhibit A to Res. 94/320
5) Capital equipment and improvements, as measured by
existing number of stations, and the response capabilities
of existing engines and ambulances will be maintained.
Efforts to improve the water supply systems, (hydrants,
mains, etc. ) will be continued.
Efforts to maintain the standards will be equitably applied
throughout the reorganized district and among the former merit system
districts . Should funding levels decline from those in existence at
the time of reorganization, reduction in standards will be equitably
applied throughout the reorganized district and among the former
districts .
7 . The territory to be detached from the Bethel Island Fire
Protection District and annexed to the Contra Costa County Fire
Protection District is as shown in %xhibit A hereto. As to the
remaining parts of the Reorganization, the annexed and dissolved
territories are all of the Oakley, Orinda, Pinole, Riverview and West
County Fire Protection districts .
8 . There is no bonded debt for any of the involved Fire Protection
Districts. ,
9. The regular county assessment roll will continue to be used to
collect taxes in the affected territory.
10. Nothing in this Resolution is intended to, nor shall it in any
way, modify or reduce the discretion, privileges and immunities
provided the fire districts involved with this reorganization by the
provisions of Division 3. 6 (commencing at Section 810) of the
California government code for any actions or lack thereof, and
nothing herein shall impose any addiional mandatory duties on such
districts .
If no petition sufficient to require an election has been filed
by June 10, 1994, the Clerk of this Board shall forthwith transmit a
certified copy of this Resolution, along with a remittance to cover
any applicable fees as provided. by the Government Code, to the
Executive Officer of the Local Agency Formation Commission. If a
petition sufficient to require an election has been filed by June 10,
1994, this Board will take further action in accordance with governing
law.
1 hereby certify that this is a true and correct Copy of
an action taken and entered on the minutes of the
DCG. f j b Board of gupervtsors on the date shown./
Orig. Dept: A H SATCHEL Gerk of the Board
isom
cc: County Administrator dsuvenand�oun>suata
LAFCO sy D Depuq
County Counsel
All Fire Protection Districts Involved
c: 94-275.doc
4
RESOLUTION NO. 94/275
Exhibit A to Res. 94/320
COUNTY FIRE PROTECTION DISTRICTS BOUNDARY REORGANIZATION
(DETACHMENT FROM BETHEL ISLAND FIRE PROTECTION DISTRICT
AND CONCURRENT ANNEXATION TO
CONTRA COSTA FIRE PROTECTION DISTRICT)
EXHIBIT A to Resolution 94/275
All deed and map reference hereinafter referred to are as recorded in
the Office of the Recorder of Contra Costa County, State of California.
Beginning at the intersection of the westerly line of Parcel "D" as
shown on the Record of Survey recorded in Book 34 of Licensed Survey Maps at
Page 12, on April 27 , 1965, with the southerly boundary of the Bethel Island
Fire Protection District (BIFPD) ; thence from said point of beginning leaving
the southerly line of said BIFPD, the following courses: North 21007'00"
West, 150 feet more or less to the most westerly corner of said Parcel "D" (34
LSM 12); thence North 05046 '44" East, 259. 31 feet; thence North 21014 '00"
East, 322.90 feet; thence North 140. 08' 00" West, 442. 30 feet; thence North
20008'08" West, 149. 97 feet; thence South 81044 ' 37" West , 1445.62 feet; thence
North 05052145" East, 283.40 feet; thence North 05056 '49" East, 900.89 feet
and North 06002'26" East 581 .43 feet to the southerly right of way line of
Sandmound Boulevard; thence along said southerly line North 74020137" West to
its intersection with the easterly right of way line of Bethel Island Road;
thence northerly along said easterly line to its intersection with the
southeasterly prolongation of the northerly line of Parcel "A" as shown on the
minor subdivision recorded in Book 4 of Parcel Maps at Page 49, on August 12,
1968 thence along said prolongation and the northerly line of said Parcel "A"
North 74024'00" West to the most northerly corner of said Parcel "A" and the
easterly line of Reclamation District No. 799 Drainage Canal ; thence North
33010'00" West, 171 feet; thence North 51033'00" West, 1031 feet; thence North
50029'00" West, 527.5 feet; thence North 07022100" West , 265. 7 feet; thence
South 83026'00" West, 90.0 feet more or less to the northeast corner of Lot 28
as shown in (Map Book 27-21 ) ; thence South 00038'00" West, 155.41 feet; thence
North 89022'00" West, 1398. 11 feet; thence North 87041 '00" West, 76. 14 feet;
thence South 88008100" West, 158.93 feet; thence North 03045'00" West, 122.6
feet; thence North 88008'00" West, 38.6 feet; thence South 03°45'00" East,
117.8 feet; thence South 89032 '00" West , 326.2 feet; thence South 00015'00"
West 159.2 feet to the northeast corner of Lot B as shown on (56 LSM 31 ) ;
thence South 619.5 feet ; thence South 89045 '00" West, 589. 5 feet more or less
to the center line of Jersey Island Road and the west line of Section 21 ,
Township 2 North, Range 3 East , Mount Diablo Base and Meridian, said point
also being on the western boundary of the Bethel Island Fire Protection
District; thence along said district boundary southerly and easterly to the
point of beginning.
Containing 680 acres more or less.
5th page to Exhibit A to Res, 94/320
Exhibit B
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EXHIBIT B TO RESOLUTION 94/320