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HomeMy WebLinkAboutCity Council Resolution 791 RESOLUTION NO... RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA PROPOSING THE DETACHMENT OF ALL AREA IN SAID CITY WITHIN THE BLACK MOUNTAIN RESOURCE CONSERVATION DISTRICT, FROM SAID DISTRICT, PURSUE TO THE DISTRICT REORGANIZATION ACT OF 1965, AND REQUESTING THE LOCAL AGENCY FORMATION COMMISSION TO HOLD A HEARING T~EREON AND CONDUCT ALL NECESSARY PROCEEDINGS REI~TING THERETO. The City Council of the City of Saratoga does hereby resolve as follows: Section 1: Pursuant to the District Reorganization Act of 1'9"65, and to Section 56195 of the Government Code of the State of California and other applicable laws, applica- tion is hereby made by the City Council of the City of Saratoga for detacb_ment of all of the area within the city limits of said City from the Black Mountain Resource Conserva- tion District, and further state as follows: (a) Said property roposed to be detached is all that real property located in t~e City of Saratoga, County of Santa Clara, State of California which lies within the boundaries of the aforesaid Resource Conservation District. Other than as above set forth, and given the LAFCO staff estimate of 2100 + acres within said city limits, this Council has no legal'description of the exterior boundaries of said parcel to be detached, and is informed and believes and therefore alleges that no such description is readily available, and in this regard requests waiver of submission.of a more definitive description at this time. (b) This Council is informed and believes and there- fore avers that said property to be detached (is)~II~X inhabited territory within the terms and meaning of Govern- ment Code Section 56045. (c) Attached hereto as Exhibit "A" and incorporated here in by reference is a statement Of the reasons for the within resolution and request for detachment. Section 2: Request is hereby made that proceedings be taken"'f~e'i~ detachment as proposed herein, and that the Local Agency Formation Commission of Santa Clara County commence and conduct the necessary proceedings and hearing or hearings thereon, and that fees that may be required for Environmental Impact Report, filing fees, and any requirement of listing all of the properties within the area to be detached, be waived. In this regard, at such time as, if at all, said Black Mountain Resource Conservation District is able to and does furnish this City with a legal descrip- tion of that portion of said District which lies within the bounds of said City, then and in that event this City will be in a position to, and will on request furnish, any required list of properties and property owners within said area. S~ection..3: The City Clerk of this City is hereby authorized and directed to certify a copy of this resolution and forthwith file the same with the Executive Officer of the Local Agency Formation Commission of Santa Clara County. -1- 'OOZE LOT ~ ,x ' ;..~ .-., l~ lO0 APN . , '~ 9672 OR. Z ZoT H ~or 7S EXISTIN~ OITTZICT BOUNdarY A~ E TABZI~H~' COUNTY SANITATION DISTRICT NO. 4 OF SANTA CLARA COUNTY ANNEXA T/ON 1976 -I EXHIBIT ~lm a Date: February 23, 1976 DESCRIPTION All that certain reaI property now situated in the County of Santa Clara, State of California, described as follows: PARCEL I BEGINNING at a 2 inch pipe at the Southwest Corner of Quito Rancho, being also the ~ Section corner between Sections 11 an~ 12 T. 8 S., R. 2 W., M.D.B. & M.; thence from said point of beginning N. 89 06~ W., along the ~ Section line running East and West through the center of said Section 11 a distance of 623.70 feet to a stake marked'T.C. standing in the Southerly line of the tract now or formerly of Tyson, from which the Southeast corner of said Tyson Tract bears S. 89° 06' E., 125.40 feet; thence leaving said Southerly line and running S. 3° 15' E., a distance of 190.08 feet to a stake marked C in the Southerly lineof the 41.38 acre tract described in the Deed to Henry B. Reynolds, et el, recorded October 27, 1919 in Book 498 of Deeds, page 87, Santa Clara County Records; thence along the general Southerly line of said 41.38 acre tract the following courses and distances: N. 84° 35' E., 149.16 feet; S. 80° 20' E., 166.98 feet; thence S. 47° 00' E., 77.53 feet; thence S. 85° 00' E., 67.49 feet; and thence N. 79° 30' E., 181.83 fee~t to a pipe at the most Southeasterly corner of said 41.38 acre tract in the line between said Sections 1I and 12; thence N. 0° 20' W., along said Section line 10.98 feet to the intersection thereof with the Southwesterly line of that certain parcel described as Parcel No. 1 in the Deed to Douglas L. Beatty, et tux, recorded July 9, 1965 in Book 7025 of Official Records; page 335; thence along the Southwesterly and Northwesterly lines of said last mentioned parcel the following courses and distances: N. 88° 15' W., 65.72 feet; thence N. 26° 40' W., 47.91 feet; thence N. 46° 06' 56" E., 59.13 feet; and N. 56° 59' 40" E., 42.53 feet to a point in said Section line; thence N. 0° 20' W., along said Section line, 96.74 feet to the point of beginning. PARCEL 2 BEGII~IYING at a 2 inch pipe at the Southwest corner of Quito Rancho, being also the ~ Section corner between Sections 11 and 12, T. 8 S., R. 2 W., M.D.B. & M.; thence from said point of beginning, S. 0° 20' E., a distance of 96.76 feet to the TRUE POINT OF BEGINNING. From said True point of beginning thence S. 0° 20' E. a distance of 101.08 feet, thence the following courses and distances: N. 886 15 W., 65.72 feet; thence N. 26° 40' 01" W., 47.91 feet; thence N. 46° 06' 56" E., 59.13 feet; and N. 56° 59' 40" E., 42°53 feet, to the true point of beginning, enclosing an area of 0.13 acre. The above and foregoing resolution was duly and regularly introduced at a regular meeting of the City Conncil of the City of Saratoga held on the _!st. day of September , 1976, and thereafter was passed and adopted by the following vote: AYES: Councilmen Corr, Kraus, Bridges NOES: None ~~~'~~ ABSENT: Councilmen Matteoni Brigham ..~. MAYOR ATTES: -2- EXHIBIT "A" Pursuant to the provisions of Government Code Section 56195, the following reasons are listed for the basis of requesting detachment of those lands in the City of Saratoga from the Black Mountain Resource Conservation District. . Lack of visible services to residents within the City of Saratoga in the district for taxes paid. The function and purpose of the district to date has been to serve rural farmers, and not residents of incorporated areas. · It is believed that the Black Mountain Resource Conservation District has outlined its original intent and no longer serves a useful function for property owners within the city limits of Saratoga. . Very few of the accomplishments listed by the Black Mountain Resource Conservation District in its report to LAFCO listed as Attachment VII in LAFCO's report of March 8, 1976, directly benefited residents in the City of Saratoga. . The past history indicates that the Black Mountain Resource Conservation DistriCt has not been a very visible agency, and has tended to perpetuate its board of directors. The District has continued to levy a tax rate, raising revenues, of which only 40% of its funds have been expended, with the remaining 60% going into reserves, with said expenditures being used primarily for staff, travel and memberships (See LAFCO report of March 8, 1976). . Urban landowners pay relatively more to the District than large undeveloped landholders, who are the main beneficiaries of the services, thus creating an inequity for those land owners in the urban area.