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HomeMy WebLinkAbout041-87BEFORE THE TOWN COUNCIL OF THE TOWN OF DANVILLE In the Matter of: ) ) Ordering Territory Designated ) RESOLUTION NO. 41-87 as "Morgan Property" Annexed ) to the Town of Danville ) ) Preliminarily to the proposal that territory known as Morgan Property be annexed to the Town of Danville, the Town considered applications for Final Development Plan (PUD 86-2) and Vesting Tentative Subdivision Map and these applications were predicated on the annexation of the territory to the Town; An EIR constituting a program EIR was prepared by the County of Contra Costa for the Dougherty Road Area General Plan Amendment; The Town Council adopted findings regarding the EIR all of which are set forth in Resolution No. 8-87 adopted on March 19, 1987; The Local Agency Formation Commission of the County of Contra Costa adopted its Resolution No. 87-17 on May 13, 1987, Making Determinations and Approving Proposed Morgan Property Boundary Reorganization; The territory proposed to be annexed to the Town of Danville is described in Exhibit "A" attached; The terms and conditions of annexation as approved by the Local Agency Formation Commission are as follows: 1) the boundary of affected territory described in attached Exhibit "A", shall be as 2) affected territory shall be subject to Town of Danville and CCCSD ordinances, rules, regulations, bonded indebtedness and contractual obligations, 3) pursuant to City's (Town of Danville) Joint Exercise of Powers Agreement with County, dated February 10, 1987, City shall prezone Annexed Territory, and shall condition said prezoning as provided in said Agreement to provide that the Crow Canyon Road Extension Area of Benefit and benefit area fees established from time to time by County shall remain functionally applicable to the Annexed Territory, and that said fees shall be collected by Page 1 of Resolution No. ~/ City and transferred to County to be reimbursed to Blackhawk. The reasons for this annexation are: 1) the proposed annexation territory has been designated for urban development in Contra Costa County's San Ramon Valley Area General Plan. 2) the proposed annexation is a portion of the first phase of an overall Annexation Plan adopted by Town of Danville by Resolution No. 63-86 for the area east of the existing Town limits. 3) urban development adjacent to Danville, not occurring under the direct land use control of the Town, could result in adverse impacts upon the social, physical, and economic conditions within the existing Town. 4) the Town has adopted annexation policies and a master annexation plan which support annexation of the Morgan property. The regular County Assessment Roll is utilized by the Town of Danville; The affected territory will not be taxed for existing bonded indebtedness of the Town (because the Town does not have existing bonded indebtedness); The affected territory is uninhabited and the Local Agency Formation Commission has authorized the Town Council to approve the annexation without notice and hearing and without an election under Government Code §56837; This Resolution is adopted under Title 5, Division 3 of the Government Code, the Cortese-Knox Local Government Reorganization Act of 1985 (Government Code Secs. 56000, etc.); NOW, THEREFORE, the Town Council of the Town of Danville finds, determines and orders as follows: 1. The territory described in Exhibit "A" is annexed to the Town of Danville; 2. The Town Clerk is directed to transmit a certified copy of this Resolution together with applicable fees required by Government Code Section 54902.5 to the executive officer of the Local Agency Formation Commission of Contra Costa County. Page 2 of Resolution No. PASSED, APPROVED AND ADOPTED on this 8th day of June, 1987 by the following vote: AYES: NOES: ABSTAIN: ABSENT: Lane, McNeely, Schlendorf None Offenhartz Kennett CIT E Local Agency Formation Commission Contra Costa C, ounty California Revised Oesct'ipt:i on Date: 5--13 87 By: ,ff,,t~,C. (LAFC 87-!7 MORGAN PROPERTY ANNEXATION TO THE TOWN OF DANVILLE 23-88 EXHIBIT A Beginning at the intersection of the general easterly line of Dougherty Ranch Road with the genera] southerly line of '['assajara Road as said Roads now exist; thence easterly along said southerly line of said Tassa3ara Road South 75°31'56" East, 795.34 feet; thence along a curve to the left, with a radius of 2064.0 feet, an arc distance of 431.59 feet; thence leaving the southerly line of' Tassajara Road South 01°2]'35" West, 2440.0 feet, more or less; thence West, .580.0 feet, more or less to the easterly boundary of Dougherty Ranch Road; thence along tile easterly boundary of Dougherty Ranch Road North 12°]5'00" West, 2770.0 feet, more or less to the point of beginning. Containing an area of 54.29 acres, more or less.