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HomeMy WebLinkAboutTC Res 1998-08-05 (2) - RESOLUTION NO. 3294 /',,"~'~'i~,_ ,~t')%~,~, l,t;-iW!">.~ \{';~Vi'."""'Y A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPROVING REORGANIZATION WITH WAIVER OF NOTICE, HEARING AND ELECTION TO THE TOWN OF TIBURON AND TO SANITARY DISTRICT NO.2 "RANCH ROAD REORGANIZATION #2": 4905 RANCH ROAD The Town Council of the Town of Tiburon does hereby resolve as follows: WHEREAS, the Local Agency Formation Commission has delivered Resolution No. 98-11 of said Commission to this Town Council, which resolution designates the Tiburon Town Council as the conducting authority for this project, and which resolution has been reviewed. NOW THEREFORE, BE IT FURTHER RESOLVED by the Town Council of the Town of Tiburon as follows: Section I. This action involves the annexation of territory commonly known as 4905 Ranch Road to the Town of Tiburon and Sanitary District No.2. This action is being taken pursuant to the Cortese-Knox Local Government Re-Organization Act of 1985. Notice of hearing is not required pursuant to Section 6 of the aforesaid LAFCO Resolution. r-- Section II. Pursuant to Section 7 of the aforesaid LAFCO Resolution, the project is categorically exempt from requirements of the California Environmental Quality Act. The reason for the reorganization is to effect connection to a public sewer system for the benefit of the public health. Section III. The territory includes .41 acres, and is found to be uninhabited, the boundaries of which are described in Exhibits A and B attached hereto and by this reference incorporated herein. The short form designation is "Ranch Road Reorganization #2" to the Town of Tiburon and Sanitary District NO.2. Section IV. The regular county assessment roll shall be utilized for the purposes of this reorganization. Section V. The affected territory will be taxed for existing general bonded indebtedness of the Town ofTiburon and Sanitary District NO.2. Section VI. The above-referenced project and proposal for reorganization is approved subject to the following terms and conditions relative to Sanitary District NO.2: r-- Tiburon Town Council Resolution No. 3294 8/5/98 1 .- ....... 1. In the event that pursuant to rules, regulations, or ordinances of the District, as now or hereafter amended, the District shall require any payment of a fixed or determinable amount of money, either as a lump sum or in installments, for the acquisition, transfer, use or right of use of all or any part of the existing property, real or personal, of the District; such payment will be made to the District in the manner and at the time as provided by the rules, regulations, or ordinances of the District, as now or hereafter amended. 2. Upon and after the effective date of said annexation, the territory, all inhabitants within such territory, and all persons entitled to vote by reason of residing or owning land within the territory, shall be subject to the jurisdiction of the District; shall have the same rights and duties as if the territory had been a part of the District upon its original formation; shall be liable for the amount of principal, interest, and any other amounts which shall become due on account of any outstanding or then authorized but thereafter issued bonds, including revenue bonds, or other contracts or obligations of the District; shall be subject to the levying or fixing and collection of any and all taxes, assessments, service charges, rentals, or rates as may be necessary to provide for such payment; and shall be subject to any and all of the rates, rules, regulations and ordinances of the District, as now or hereafter amended. 3. Marin LAFCO has waived its prezoning requirement to expedite sewer connection due to health hazard. .~ 4. The property owner shall provide a preliminary plan showing how the connection to the sewer main in Paradise Drive will be made. 5. The property owner shall provide proof of acquisition for any easements necessary to make the sewer connection. Section VII. The Town Clerk is hereby ordered to file certified copies of this Resolution with the executive officer of the Marin County Local Agency Formation Commission and do all other acts necessary in accordance with law to complete the reorganization. --- Tiburon Town Council Resolution No. 3294 8/5/98 2 ,--' ,.... PASSED AND ADOPTED at a regular meeting of the Town Council of the Town ofTiburon, State of California, held this 5th day August, 1998, by the following vote: AYES: COUNCILMEMBERS: Bach, Gram, Hennessy, Matthews, & Thompson NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ~S7J(acL HARRY .MATTHEWS,MAYOR TOWN OF TmURON ATTEST: DI ~ r--. Tiburon Town Council Reso/uh"on No. 3294 8/5/98 3 April 22, 1998 ,... EXHIBIT "A" (p. 1 of 2) R..~NCH ROAD REORGANIZATION NO. 2 TO SAN'ITARY DISTRICT NO. 2 & TOWN OF TIBURON MAPPING NO. 7/98 Description to Sanitary Dist. No. 2 ~ BEGINNING at a point on the existing boundary of Sanitary District NO.2 of Marin County, said point being the most southerly corner of the Lands of Duckett, as described in 1105 OR 516, also being the. most westerly corner of the Lands of Bristow, as described in DN 96-066984; thence from said POINT OF BEGINNING along the Sanitary District boundary N42'29'35"W, 119.81 feet; thence leaving said Sanitary District boundary, N46'OI'oo"E, 105.00 feet to a point on the Sanitary District boundary, said point also being on the southwesterly right of way of Ranch Road; thence along said boundary and said right of way S42'01'00"E, 120.00 feet; thence leaving said SanitaIV District boundary and along the southerly boundary of the . . Lands of Duckett S46 06'10''W, 104.00 feet to the POINT OF BEGINNING, Containing 12,500 square feet, more or less. --. 67'7'JSD.DOC ".-. April 22, 1998 EXHIBIT "A" (p. 2 of 2) RANCH ROAD REORGANIZATION NO.2 TO TOWN OF TIBURON & SANITARY DISTRICT NO.2 MAPPING NO. 7/98 Description to Town of Tiburon ~ BEGINNING at a point on the existing boundary of Sanitary District NO.2 of Marin County, said point being the most southerly corner of the Lands of Duckett, as described in 1105 OR 516, also being the most westerly corner of the Lands of Bristow, as described in DN 96-066984; thence from said POINT OF BEGINNING along the SanitarY District boundary N42'29'35~W, 119.81 feet; thence leaving said Sanitary District boundary, N46'OI'OO"E, 105.00 feet to the Sanitary District boundary, also being the southwesterly Right of Way of Ranch Road; thence leaving said Sanitary District boundary, N47 0 59'00~E, 40.00 feet to the northeasterly Right of Way of Ranch Road; thence along said Right of Way S42'01'00"E, 136.61 feet to the Town of Tiburon boundary; thence along said Town of Tiburon boundary S47' 59'00"W, 40.00 feet to the Sanitary District boundary, also being the southwesterly Right of Way of Ranch Road; thence leaving said Town of Tiburon boundary, along said Sanitary District boundary and said Right of Way N42'01'00"W, 16.61 feet; thence leaving said Sanitary District boundary and said right of way S46'06'10"E, 104.00 feet to the POINT OF BEGINNING. Containing 18,000 square feet, more or less. ".-. li77ml.1lOC --- 0.. <( :::;: zJ, 2'z >- I <( U o ...J >. ~ EXHIBIT "B" .!!I:t, 1 '" ....~ .~~ l;j~ :a e:;C:l C/)~ '" ~ ... ----- S 42r1t!7E -RANG H I ,61' - S 42VIt!7 /36.6 ' '- S 42vltxr E ~ "- I.X>~' 14 " 1 ~~~ I ~ ~ [;1 B ~ 14 1ti J;, - is I ~ l's ~ ~ I ~ ~ it " ~ ~ ~ ~ ~ S!: it " ~ "<: - "<: #4- -------- ~ 119.81' ~ I t::: ~ ~ I ~ m ~ I ~ ~ I ~ \j ~ ~ it "<: ~ PARADISE N N Z 0 . 0 Z <0 ~~ I-Z aZ(Q vI- < 0 I- G::: 0- 1-0 G:::~LLa<l)Z INOZa\!) \..lZZ<}-Z Z<:r G:::o.. <\!)O <0.. G:::G:::I- 1-< 00 Z L ~I- Jj 14 ~ 2 ~ ~ ~~ :! 'It- ~: I RD. ~ :.. 1<1 2i \:> ~ I ~ ~ ~ "<: ~ ~ s ~ ~ ~ ~ \ \ \ \ \ \ \ \ I --_____-1 Cl:i <::i 0.: DRIVE ------------------------------~------- '" ~ .. 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