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HomeMy WebLinkAbout98-25 - Bonita Canyon Annexation• RESOLUTION #98- 25 RESOLUTION ORDERING TERRITORY DESIGNATED AS "BONITA CANYON (RO97 -35)" TO BE REORGANIZED, INCLUDING 461 ACRES TO BE DETACHED FROM THE CITY OF IRVINE AND ANNEXED TO THE CITY OF NEWPORT BEACH WHEREAS, the Local Agency Formation Commission of the County of Orange adopted its Resolution #R097 -35 on March 11, 1998, making determinations and approving the proposed reorganization including detachment of approximately 461 acres from the City of Irvine and annexation of the same territory to the City of Newport Beach, as described in Exhibit A attached hereto and by this reference incorporated herein; and WHEREAS, the terms and conditions of annexation as approved by the Local Agency Formation Commission are as follows: (a) Payment of the Recorder and State Board of Equalization Fees. (b) The applicant agrees to hold harmless and indemnify LAFCO and /or its agents, officers, and employees to attach, 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 County Board of Supervisors shall adopt a resolution transferring property tax revenues associated with the library and fire functions to the City of Newport Beach. (d) Prior to the issuance of the certificate of completion by the executive officer, the applicants will provide a County Surveyor- approved revised map and legal description containing minor modifications to the already- certified map and legal description. These modifications shall be limited to boundary adjustments in the public right -of -way concerning the ramp from southbound MacArthur Boulevard to southbound San Joaquin Hills Transportation Corridor (State Route 73). These modifications will ensure that the entire right -of -way of MacArthur Boulevard along this boundary change remains within the jurisdiction of the City of Irvine. WHEREAS, the proposed changes of organization are made for the purpose of establishing the Cities of Irvine and Newport Beach ultimate boundary along the San Joaquin Hills Transportation Corridor between MacArthur Boulevard and Bonita Canyon Road, and to coincide the city boundaries with those of the Irvine Unified School District and the Newport -Mesa Unified School District; and WHEREAS, the regular County assessment roll is utilized by both cities; and WHEREAS, the affected territory will be not taxed for existing general bonded indebtedness of the City of Newport Beach and the City of Irvine; and • • WHEREAS, on November 10, 1997, the City Council of the City of Newport Beach approved an Addendum to the Environmental Impact Report (State Clearinghouse Number 95091032) as adequate to serve as the environmental document for this reorganization; and WHEREAS, a public hearing on this annexation was called for and held by this Council at the place and time noticed therefore in the Daily Pilot on March 27, 1998; and WHEREAS, this Council finds and determines that the value of written protest filed and not withdrawn represents less than 50% of the assessed value of the land within the territory. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Newport Beach hereby 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 of Orange County. ADOPTED this 13th day of April, 1998. J ATTEST: CRY CLERK J � • STATE OF CALIFORNIA } • COUNTY OF ORANGE CITY OF NEWPORT BEACH } I, CATHY FISHER, Deputy 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 -25, 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 13th day of April, 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 15th day of April, 1998. • (Seal) 40 Deputy City CIbA of the City of Newport Beach, California