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,
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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
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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.
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CIVIL ��P
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Prepared by
ROBIN B. HAMERS 8 ASSOCIATES, INC.
234 E. 17th Street, Suite 205
Costa Mesa, CA 92627 Dated this
(714) 548 -1192
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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)
•