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• RESOLUTION 98 -14 <br />RESOLUTON ORDERING TERRITORY <br />DESIGNATED AS "THE BROCKMAN PROPERTY" <br />ANNEXED TO THE CITY OF NEWPORT BEACH <br />WHEREAS, the Local Agency Formation Commission of the County of <br />Orange adopted its Resolution No. 97 -24 on December 3, 1997, making <br />determinations and approving the proposed annexation (known as CA97 -24) to <br />the City of Newport Beach of territory described in Exhibit A attached hereto and <br />by this reference incorporated herein; and <br />WHEREAS, the Orange County Board of Supervisors adopted its <br />Resolution No. 97 -468 on October 28, 1997 agreeing to a property tax exchange <br />agreement in accordance with the Master Property Tax Transfer Agreement with <br />the City receiving approximately 51 percent of the negotiable property tax <br />revenue and the County of Orange receiving approximately 49 percent of the <br />negotiable property tax revenue as it applies to the territory described in Exhibit <br />A, and <br />WHEREAS, the terms and conditions of annexation as approved by the <br />• Local Agency Formation Commission are as follows: <br />(a) <br />The Applicant pays State Board of Equalization fees. <br />(b) <br />The applicant agrees to hold harmless and indemnify LAFCO <br />and /or its agents, officers, and employees from any claim, action or <br />proceeding against LAFCO and /or its agents, officers, and <br />employees to attack, set aside, void or annul the approval of LAFCO <br />concerning this proposal or any action relating to or arising out of <br />such approval when such action is brought within the applicable <br />statute of limitations. <br />(c) <br />Prior to the issuance of the Certificate of Completion by the <br />Executive Officer, the City shall agree to participate in the San <br />Joaquin Hills Transportation Corridor Fee Program, including: <br />collecting fees as required by the fee programs and depositing said <br />fees together with earned interest on a quarterly basis with the <br />Transportation Corridor Agency (TCA) or county, as applicable. <br />(d) <br />Upon annexation of the territory to the city, all right, title, <br />and interest of the county, including the underlying fee where <br />owned by the county in any and all storm drains, trails, landscaped <br />areas, street lights, signals, open space, local parks and bridges <br />• shall vest in the city. The city shall assume ownership and <br />maintenance responsibility upon the issuance of the Certificate of <br />Completion by the Executive Officer. <br />