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CC Resolution 2001-039 RESOLUTION NO. 2001-39 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA FINDING THAT A MAJORITY PROTEST DOES NOT EXIST AND APPROVING AND ORDERING REORGANIZATION OF TERRITORY TO INCLUDE ANNEXATION 10 TO THE CITY OF LA QUINTA AND CONCURRENT DETACHMENT FROM THE RIVERSIDE COUNTY WASTE RESOURCES MANAGEMENT DISTRICT AND DETACHMENT FROM COUNTY SERVICE AREA 121 (LAFCO 2000-11-4) ANNEXATION #10 - WADE ELLIS WHEREAS, proceedings have been initiated pursuant to Cortese-Knox Local Government Reorganization Act of 1985, Division 3, commencing with Section 56000 of the California Government Code, for reorganization of 134.47 acres of land located west of Jefferson Street and north of Fred Waring Drive, north of the current corporate boundaries of the City of La Quinta, and detachment from the Riverside County Waste Management District and County Service Area 1 21; and, WHEREAS, the short form designation of the proposal is LAFCO No. 2000-11-4--Reorganization to Include Annexation #10 to the City of La Quinta and Detachment from the Riverside County Waste Resources Management District and County Service Area 121; and, WHEREAS, the Local Agency Formation Commission of the County of Riverside adopted its Resolution 29-00 on September 28, 2000, approving a Sphere of Influence Amendment to the City of La Quinta as described and depicted in Exhibit "A", attached hereto by its reference incorporated herein; and, WHEREAS, the Local Agency Formation Commission of the County of Riverside adopted its Resolution No. 30-00 on September 28, 2000, approving Reorganization to Include Annexation #10 to the City of La Quinta and Detachment from the Riverside County Waste Management District and County Service Area 121, as described and depicted 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 follow: A. In accordance with Government Code Sections 56844(t) and 57330, the subject territory shall be subject to the levying and collection of any previously authorized charge, fee, assessment or tax of the City of La Quinta. Re~,olufion No. 2001-39 Annexation #10- Wade Ellis NE comer of Jefferson & Fred Wadng April 17, 2001 Page 2 B. The City of La Quinta shall defend, indemnify, and hold harmless the Riverside County Local Agency Formation Commission (LAFCO), its agents, officers, and employees from any claim, action, or proceeding against LAFCO, its agents, officers, and employees to attach, set aside, void, or annul an approval of LAFCO concerning this proposal. C. In accordance with Government Code Section 56375(p), waive automatic detachment from County Service Area 152 based upon the following findings: 1. County Service Area (CSA) 152 is a funding mechanism for the implementation of the National Pollutant Discharge Elimination System (NPDES) emanating from the Federal 1972 Clean Water Act, and re- authorized under the Federal 1987 Clean Water Act. 2. The City of La Quinta annexed into CSA 152 and is included within the CSA's service area. 3. Detachment would deprive the area residents services needed to ensure their health, safety or welfare. 4. Waiving detachment will not affect the ability of the City to provide any services. WHEREAS, the reason for this proposed reorganization is to provide municipal services by the City of La Quinta; and 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 of La Quinta, as lead agency, has prepared an Environmental Assessment that resulted in the filing of a Negative Declaration on the proposal and the City has complied with the California Environmental Quality Act (CEQA) and all appropriate State Guidelines, and the Commission has reviewed and considered the environmental documentation, and it has been certified by this City Council; and Resolution No. 2001-39 Annexation//10- Wade Ellis NE corner of Jefferson & Fred Waring April 17, 2001 Page 3 WHEREAS, the City of La Quinta by its Resolution No. 83-28 consented to and accepted the transfer of property tax revenue from the County of Riverside; and WHEREAS, the City Council, as the conducting authority, held a properly noticed public hearing on this mat[er on April 17, 2001, at 7:00 p.m. in the City Hall Council Chamber; and WHEREAS, at the close of the public hearing, the City Clerk submitted the following report to the City Council: 1. There were no registered voters within the territory proposed to be reorganized. 2. There were no protest letters received prior to the close of the public hearing held on April 17, 2001. WHEREAS, the territory proposed to be reorganized is "uninhabited" as defined in Government Code Section 56046; and WHEREAS, the City Council found that the value of the written protests filed and not withdrawn was less than 50 percent of the assessed value of land within the affected territory in accordance with Government Codu Section 57075(b). NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of La Quinta, California hereby approves and orders the reorgaqization of the territory described in Exhibit "A" to be annexed to the City of La Quinta and concurrently detached from the Riverside County Waste Resources Ma;~agement District and Service Area 121, and directs the City Clerk of the City of La Quinta 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 Riverside County. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 17t~ day of April, 2001, by the following vote, to wit: Resolution No. 2001-39 Annexation #1 O- Wade Ellis NE comer of Jefferson & Fred Wa~ing April 17, 2001 Page 4 AYES: Council Members Adolph, Henderson, Perkins, Mayor Pro Tern Sniff NOES: None ABSENT: Mayor Pe~a ABSTAIN: None STANLEY SNIFF, M~l~/or Pro '1-~ City of La Quinta, Carifornia ~J ~ ATTEST: JUNF_~S~. GREEK, CMC, C-~-y~--t)erk City of La Quinta, C~lifornia (City Seal) APPROVED AS TO FORM: EXHIBIT "A" N. LINE S. ~/2. -.~ S~,,IE~E OF ~ /NENDMENT (~ldlUen) N, ID REORC.~TION SW 1/4. NW ~/4 TO ~ ANN[XATION 10 TO TI'II ~ OF LA QUINTA N~D CONCtJi~,i~,J-~r J~rAct,IM~l'r FROM C~A 121 AND TH[ RID/~K'~D[ .~ CITY COUNTY WASTE RESOUECES ~ ~lmC'r k~.O? INDiq LAFCO 2000--11-4 "~PM 25941 ,, ~ PO~0flS. 0¢ 11~ S~. 1/4 O? S~'~llO~ 17, 'rss, R'~ S.8..~. 5=' L5 '~. ~.~ ~W. I/4 ~ ~ 1~ ~ ~E ~ ~ ~, ~W. 1/4, ~ ~ ~.~ ~ ~ - ~w. ~/4 ~ ~ ~, ~ R~ ~, ~ ~ ~ S 1~. S.W. 114 N.W. 1/4, SEC. ~6 -- CDUNTY DF RIVERSIDE ~ ~/4 CORNER %~ Jj C/L JEFFERSON ///~ SEC. 17 & 16 ~ [ ST. PER INST. N89'45'46'E 1940,5~' ~ N89'25'54"E/ NO. 96194, ~ NOR~ LINE S.E. I/4. SEC. 17 460,12' REC. ~ ~ ~ E~T LINE OF PARCEL 2 P~ ~ ~ ~.s;..o. ~oo~ ~ ~ ~ ~' 606-290-002 ~ · ~ ~C/L J~FFERSON ~P.N. 609-580-022 ~ ~ ~ s;. ~ ~ - NO, 96~95, EEC. 9-28-66 ~ ~ E~T LINE OF ~ ' ~ T~CT NO. 2606 ~ ~ __ 609-580-025~ : ~ T~CT NO. 2S~ ~R'S P~CEL NO.'s 1 6~-290-~2 ~ ~ ~ TABULATED DATA C3 06:31~6" 3055,00' 347.56'  [ C4 06 53'09" 30~.00' 360.54' ; ,.:,~:: , BERMUDA ~ L1 S00"21'21"E 77.32' ~jic~ ','~~ .... ~' ~ ~'~ DUNES ~ L2 N12'~'~"E 337.04' //~ ~" "~'. '~,'.t, LA OUINTA ~ ~ k engmneenng VICINI~ M~ ~'" ~' '" E2OF2 EXHIBIT "A" SPHERE OF INFLUENCE AMENDMENT (addition) AND REORGANIZATION TO INCLUDE ANNEXATION 10 TO THE CITY OF LA QUlNTA AND CONCURRENT DETACHMENT FROM CSA 121 AND THE RIVERSIDE COUNTY WASTE RESOURCES MANAGEMENT DISTRICT LAFCO 2000-11-4 THOSE PORTIONS OF THE SOUTHWEST QUARTER AND THE SOUTH ONE HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 16, TOWNSHIP 5 SOUTH, RANGE 7 EAST AND THE SOUTHEAST QUARTER OF SECTION 17, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO BASE MERIDIAN, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION 17, SAID CORNER BEING ON THE CENTERLINE INTERSECTION OF FRED WARING DRIVE AND JEFFERSON STREET; THENCE ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER, SOUTH 89029'09" WEST A DISTANCE OF 1988.71 FEET TO THE SOUTHEAST CORNER OF TRACT NO. 2606, AS RECORDED IN BOOK 45, PAGES 91-97 OF MAPS, RECORDS OF RIVERSIDE COUNTY; THENCE NORTH 00016'06" WEST, ALONG THE EAST LINE OF SAID TRACT, A DISTANCE OF 2178.97 FEET TO THE SOUTH CORNER OF THE LAND DESCRIBED IN PARCEL 2 OF DEED TO DESERT BERMUDA DEVELOPMENT COMPANY, RECORDED OCTOBER 31, 1962 AS INSTRUMENT NO. 100791 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY; THENCE ALONG THE EAST LINE THEREOF, NORTH 05°05'32" EAST A DISTANCE OF 472.04 FEET TO A POINT ON THE NORTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 17; THENCE ALONG SAID NORTH LINE, NORTH 89°45'46" EAST A DISTANCE OF 1940.56 FEET TO THE COMMON QUARTER CORNER OF SAID SECTION 17 AND SECTION 16; THENCE NORTH 89025'54" EAST, ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 16, A DISTANCE OF 460.12 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY LINE OF JEFFERSON STREET AS DESCRIBED IN DEED RECORDED SEPTEMBER 28, 1966 AS INSTRUMENT NO. 96194, OFFICIAL RECORDS OF RIVERSIDE COUNTY; THENCE ALONG SAID WESTERLY RIGHT OF WAY LINE, NORTH 12°44'58'' EAST A DISTANCE OF 337.04 FEET TO THE BEGINNING OF ATANGENT CURVE CONCAVE TO THE SOUTHEAST AND HAVING A RADIUS OF 3055.00 FEET; PAGE 1 OF 2 EXHIBIT "A", continued THENCE NORTHEASTERLY ALONG SAID CURVE AND WESTERLY RIGHT OF WAY LINE, THROUGH A CENTRAL ANGLE OF 06°31'06' AN ARC LENGTH OF 347.56 FEET TO A POINT ON THE NORTH LINE OF THE SOUTH ONE HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 16, A RADIAL LINE TO SAID POINT BEARS NORTH 70°43'56" WEST; THENCE ALONG SAID NORTH LINE, SOUTH 90°00'00' EAST A DISTANCE OF 58.33 FEET TO A POINT ON THE CENTERLINE OF JEFFERSON STREET PER SAID INSTRUMENT NO. 96194, SAID POINT BEING ON THE ARC OF A CURVE CONCAVE TO THE SOUTHEAST AND HAVING A RADIUS OF 3000.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 70°21'53' WEST; THENCE SOUTHWESTERLY ALONG SAID CENTERLINE AND THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 06o53'09" AN ARC LENGTH OF 360.54 FEET; THENCE ALONG SAID CENTERLINE AS DESCRIBED IN SAID INSTRUMENT NO. 96194 AND CONTINUING ALONG THE CENTERLINE DESCRIBED IN DEED RECORDED SEPTEMBER 28, 1966 AS INSTRUMENT NO. 96195, SOUTH 12°44'58" WEST A DISTANCE OF 2257.96 FEET TO THE BEGINNING OF A TANGENT 3000.00 FOOT RADIUS CURVE CONCAVE TO THE EAST; THENCE SOUTHERLY ALONG SAID CURVE AND SAID CENTERLINE, THROUGH A CENTRAL ANGLE OF 13o06'30- A DISTANCE OF 686.35 FEET TO A POINT ON SAID WEST LINE OF SECTION 16; THENCE ALONG SAID LINE, SOUTH 00°21'21" EAST A DISTANCE OF 77.32 FEET TO THE POINT OF BEGINNING. SEE PLAT ATTACHED HERETO AND MADE A PART HEREOF. CONTAINING 134.47 ACRES, MORE OR LESS. UNDER THE DIRECTION OF: PREPARED WIL'tlAM H. WARNER, R.~E. 23256 LIC. EXP. 12-31-01