HomeMy WebLinkAboutRes -1605 - Annexation of TerritoryMAJORITY ANNEXATION
INfTABITED
FINAL
RESOLUTION NOo 1605
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
EAST SAN BERNARDINO COUNTY WATER DISTRICT
MAKING DEPERMINATIONS, ORDERING ANNEXATION
OF TERRITORY, ESTABLISHING TERMS AND CONDI-
TIONS OF ANNEXATION AND DESCRIBING EXTERIOR
BOUNDARIES OF TERRITORY ANNEXED
EAST SAN BERNARDINO COUNTY WATER D'I.STRICT
ANNEXATION NOo 19711
EAST HIGHLAND AREA PROPERTIES
LAFC NOo 1224
RESOLVED, by the Board of Directors of the East San Bernardino
County Water District, San Bernardino County, California, that
WHEREAS, on September 25 , 19 72 , this Board duly sub-
mitted its Resolution Noo of Application for the annexation of
certain territory designate~~as Annexation Noo 1971-1 ~ to the Execu-
tive Officer of the Local Agency Formation Commission of the County of
San Bernardino, said annexation having been requested by a majority of
the owners of title, or evidence of title, to a majority of the acreage
therein described for wester service ,_,~,
WHEREAS, the Local Agency Formation Commission of San Bernardino
County, California, duly held its hearing on said request on Tuesday ,
the 24 day of October , 19~, at the conclusion of which,
and on the 8th day of November ~ 19~,s the Commission adopted
its Resolution No< g4p Making Determinations and Approving the Pro-
posed Annexation of Territory;
WHEREAS, said resolution approved the annexation of territory
to the East San Bernardino County Water District as proposed by said
request, the boundaries of said territory being more particularly
described in Exhibit "A-1" hereto attached and by this reference made
a part hereof;
WHEREAS, by said Resolution Noo g40 , the Commission found
t:he territory proposed to be annexed to be inhabited, as defined by
Section 56045, California Government Code; assigned to such territory
the short form designation "LAFC Noo 1224 "; designated East San
Bernardino County Water District as the conducting district and
directed its Board.of Directors to initiate annexation proceedings
in compliance with said resolution; directed that any annexation of
such territory ordered by this Board shall be subject to the terms
and conditions hereinafter set forth and directed the Executive
Officer to ma°~1 a certified copy of said resolution to each affected
district, county or city, and to each conducting district9 by regis-
tered or cert:~fied mail, return receipt requested;
WHEREAti, pursuant to said direction, and on November 13 s
lg 72, this Board duly adopted its Resolution Noo 1598 Initiating
:Proceedings for Annexation of Territory to the East San Bernardino
County Water District, Annexation Noy 1971-1 , LAFC Noo 1224 s
setting Monc_iay , the 11 day of December ~, 1972 ,
at 7:30 pomp, at the regular meeting place of the Board, 1155 Del Rosa
Avenue, San Bernardino, California, as the time and place f'or hearing
on said annex<~tion;
1 of 3
Ea; an Bernardino County WatE )istrict
1971-1
WHEREAS, notice thereof was duly given by publication and
posting, and copies of said resolution were duly mailed to all landowners
owning land w'~thin the territory proposed to be annexed and to all.
parsons and counties, cities or district which had theretofore fi:Led
a written request for special notice, as evidenced by affidavits on'
:file with the District Secretary;
WHEREAS, at the time and place fixed for said hearing, the
Commissionos resolution making determinations was read aloud or sum-
marized and thereafter all oral or written protests, objections or
evidence made, presented and filed were heard and received; and
WHEREAS, this Board has duly considered those factors required
to be considered by it pursuant to Section 56314,1 of the Government
Code and all other matters which this Board deems material to said
annexation;
NOW, THEREFORE, IT TS HEREBY FOUND, DETERMINED and ORDERED,
as follows:
la Having given due consideration to the matters material
thereto and after full investigation, hearing and examination, this
Board hereby determines and finds that annexation of the territory,
the exterior boundaries of which are described in Exhibit "A-1" hereto
attached, will be for the interest of landowners or present or future
inhabitants within the District and within the territory to be annexed
to the District, and it is hereby further determined and found that all
of the lands proposed to be annexed will be benefited by becoming a
part of the District,
20 Written protests filed and not withdrawn. prior to the con-
clusion of the hearing represent less than 50% of the assessed value
of land within the territory proposed to be annexed and less than 50~
of the voting power of voters entitled to vote as a result of residing
within said territory Written protests filed and not withdrawn also
represent less than 25~ of the number of landowners within such terri-
tory, owning not more than 25% of the assessed value of land therein,
and less than 25~ of the voting power of voters entitled to vote as a
result of residing within said territoryo
3o Having given due consideration to the Commissionos Resolu-
tion Noo 840 Making Determinations and to all other matters relevant
and material to said annexation, this Board hereby orders the territory
described in said Exhibit "A-1" and designated "East San Bernardino
County Water :District Annexation Noo ~g~i_i , LAFC Noo 1224 ," annexed
to the East S<~.n Bernardino County Water District without election,
4a Said annexation is subject to the terms and conditions as
set forth on Exhibit "B" attached heretoo
5o The District Secretary is hereby directed to prepare and
execute a Certificate of Completion of said annexation pursuant to
Chapter 8, Part 5, Division 1, Title 6 of the Government Code (commenc-
ing with Sect:Con 56450) and file said certificate with the Secretary
of Staten Upon receipt of the Secretary of Stateos Certificate of
:Filing, the D:strict Secretary shall record a counterpart original of
said Certific<~,te of Completion, together with the original or counter-
part original•of said Certificate of Filing, in the office of the
County Recordf~r of San Bernardino County, being the County in which
all of the territory of the District is located> The District Secre-
tary is furthc:•r directed to file with the County Assessor of the County
o:f San Bernardino and with the State Board of Equalization a certified
copy of this resolution together with a map or plat indicating the
boundaries of said annexation, pursuant to Chapter 8 (commencing at
Section 54900) of Part 1, Division 2, Title 5 of the Government Codeo
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East San Bernardino Count} vVater District
1971.-1
6. The effective date of said annexation shall be the date of
.recordation with the County Recorder, except that for the. purpose of
said filings with the County Assessor and State Board of Equalization,
the annexation shall be deemed effective from the date of filing of
the Certificate of Completion with the Secretary of State.
1 hereby certify that the foregoing resolution was passed and
adopted by the Board of Directors of the East San Bernardino County
Water District at a meeting thereof duly held on the 11th day of
._~ Der.~ber , lg~, by the following vote:
AYES, Directors; Disch, Forrest, Littleton, Stallwood and Wall
NOES, Directors: None
ABSENT, Directors: None
_% ' ,`
" Harold G. R' kert, Secretary
Board of Directors
East San Bernardino County Water Distri~
(SEAL
.APPROVED:
'j:~ ~' ~
R. E. Stallwood~'resident
Board of Directors
East San Bernardino County Water District
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EAS; SAN BERNARDINO COUNTY WATER DISTRICT
ANNEXATION NO. 1971-1
EAST HIGHLAND AREA PROPERTIES
LOCAL AGENCY FORMATION CONDITIONS:
CONDITIONS:
Condition No. 1. The conducting agency shall not make any changes in
the bounda~ r e 2lereby approved nor shall it impose any new conditions or
modify any conditions hereby imposed unless and until it receives the approval
of the Local Agency Formation Commission for such changes, modifications, or
conditions, pur:;uant to the procedures prescribed by Section 56275 of. the
Government Code.
Condition No. 2. The conducting agency shall 'provide the Local Agency
I'ormat~.ot Comm Si Sion Executive Officer with a copy of the resolution calling
the hearing and a copy of the resolution indicating final disposition of the
proposal which indicate full compliance with this resolution, and shall pro-
vide r_opies of the documents submitted to the State Board of Equalization and
the Secretary of State for recording.
Condition No. 3. The boundaries are hereby approved
and as approved are set forth in Exhibit A attached hereto .
Condition No. 4. The following distinctive short form designation shall
be useci throughout this proceeding: LAFC NO. 1224
<:ondition No. S. The conducting agency for this proceeding shall be
-~ East San Bernardino County Water District.
Condition No Ei. Payment of $115 annexation fee.
Condition No. 7. Dedication of water shares per district formula.
Condition No. 8. Dedication of overlying water rights in trust by deed
and agreement.
Condition No. 9. In the hearing by the conducting agency, for purposes of
support or pro~est,,the parcels are to be considered as separate annexa-
tions.
ExxIBZT B