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HomeMy WebLinkAbout98-14 - Brockman Property Annexation• RESOLUTION 98 -14 RESOLUTON ORDERING TERRITORY DESIGNATED AS "THE BROCKMAN PROPERTY" ANNEXED TO THE CITY OF NEWPORT BEACH WHEREAS, the Local Agency Formation Commission of the County of Orange adopted its Resolution No. 97 -24 on December 3, 1997, making determinations and approving the proposed annexation (known as CA97 -24) to the City of Newport Beach of territory described in Exhibit A attached hereto and by this reference incorporated herein; and WHEREAS, the Orange County Board of Supervisors adopted its Resolution No. 97 -468 on October 28, 1997 agreeing to a property tax exchange agreement in accordance with the Master Property Tax Transfer Agreement with the City receiving approximately 51 percent of the negotiable property tax revenue and the County of Orange receiving approximately 49 percent of the negotiable property tax revenue as it applies to the territory described in Exhibit A, and WHEREAS, the terms and conditions of annexation as approved by the • Local Agency Formation Commission are as follows: (a) The Applicant pays State Board of Equalization fees. (b) The applicant agrees to hold harmless and indemnify LAFCO and /or its agents, officers, and employees from any claim, action or proceeding against LAFCO and /or its agents, officers, and employees to attack, set aside, void or annul the approval of LAFCO concerning this proposal or any action relating to or arising out of such approval when such action is brought within the applicable statute of limitations. (c) Prior to the issuance of the Certificate of Completion by the Executive Officer, the City shall agree to participate in the San Joaquin Hills Transportation Corridor Fee Program, including: collecting fees as required by the fee programs and depositing said fees together with earned interest on a quarterly basis with the Transportation Corridor Agency (TCA) or county, as applicable. (d) Upon annexation of the territory to the city, all right, title, and interest of the county, including the underlying fee where owned by the county in any and all storm drains, trails, landscaped areas, street lights, signals, open space, local parks and bridges • shall vest in the city. The city shall assume ownership and maintenance responsibility upon the issuance of the Certificate of Completion by the Executive Officer. • (e) The effective date shall be the date of the recordation. WHEREAS, the regular county assessment roll is utilized by this city; and WHEREAS, the affected territory will be taxed for existing general bonded indebtedness of this city; and WHEREAS, the City Council certifies that this proposal is exempt from CEQA under section 15319 of the State CEQA Guidelines; and WHEREAS, the Local Agency Formation Commission has authorized this Council to approve this annexation without notice and hearing and without an election. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Newport Beach hereby agrees to the property tax exchange described in Resolution 97 -468 of the Orange County Board of Supervisors in accordance with the Master Property Tax Transfer Agreement between the County of Orange and the City; and BE IT ALSO RESOLVED that the City Council of the City of Newport • Beach orders the territory described in Exhibit A annexed, and directs the City Clerk of the City of Newport Beach to transmit a certified copy of this resolution with applicable fees required by Section 54902.5 of the Government Code to the executive officer of the Local Agency Formation Commission of Orange County and to the Orange County Auditor - Controller. ADOPTED this 9th ATTEST: CITY CLERK day of February 1998, lxz4v - Ak R J E • 1 2 4 6 7 8 9 10 11 12 13 14 15 18 17 18 191' 90 21 22 23 24 25 26 27 28 29 30 31 12 BLOCK 5450 MODULE 54 EXHIBIT "A" Page 1 ANNEXATION NO. CA 97 -24 Brockman Annexation. to the City of Newport Beach Those portions of Lots 118 to 121 inclusive of Tract No. 706, and portions of Mesa Drive and Birch Street, adjoining, in the unincorporated territory of Orange County, California, as shown on a map thereof recorded In Book 21 page 25 of Miscellaneous Maps in the office of the County Recorder of said County, described as follows: Beginning at an angle point in the existing boundary of the City of Newport Beach as described In the Upper Bay Annexation to the City as adopted by Ordinance No. 748 on May 24, 1955, said point being the northeasterly terminus of that course described as "N 36013'05" E 551.55 feet" in said annexation; thence along the existing boundary of said City as described in said annexation the following courses: N 50011'45" N 489.33 feet to a point on a non - tangent curve concave northwesterly having a radius of 500.00 feet, at which point a radial line to said curve bears S 36023'05" E said point also being on the center line of Birch Street as shown on said Tract No. 706; thence northeasterly 120.52 feet along said curve and said center line through a central angle of 13048'40 to a tangent line; thence along said tangent line and said center line N 39048'15" E 100.21 feet to an Intersection with the southwesterly line of Mesa Drive, 60 feet in width, as shown on said Tract No. 706; thence departing said J • C J III 2 3 4 5 6 7 a. 9 10 11 12 13 14 151 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 EXHIBIT "A" Page 2 Aiulexation No, U 97 -24 Broc)anan Annexation to the City of Neig)ort heacn existing boundary of the City of Newport Beach and along said center IIne of Birch Street N 39048'15" E 30.00 feet to the center line of said Mesa Drive; thence along said center line of Mesa Drive S 50011'45" E 459.23 feet to the easterly corner of land described In Book 2273, page 175, of Official Records of Orange County; thence along the southeasterly line of said land S 36013'05" N 250.06 feet to the point of beginning. The above described parcel of land contains 2.68 acres. Attached and made a part of is a map designated EXHIBIT B. QPpFESS /pN Nqy��y c+ N0. U, z w RCF.J1720 m EXP 12/31196 CIVIL ��P �IFCF CAL�F�P Prepared by ROBIN B. HAMERS 8 ASSOCIATES, INC. 234 E. 17th Street, Suite 205 Costa Mesa, CA 92627 Dated this (714) 548 -1192 Onh /n q I�amn..e n r e alien This proposal does meet the approval of the Orange CoWty Surveyor's office. /��day x19. Canas, County Surveyor • STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing resolution, being Resolution No. 98 -14, was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 9th day of February, 1998, and that the same was so passed and adopted by the following vote, to wit: Ayes: Thomson, Debay, O'Neil, Hedges, Glover, Noyes, Mayor Edwards Noes: None Absent: None Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the • official seal of said City this 10th day of February, 1998. City Clerk of the City of Newport Beach, California (Seal) •