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Home My WebLink About032-91RESOLUTION NO. 32-91 A RESOLUTION OF THE TOWN OF DANVILLE APPROVING THE LAWRENCE 'ROAD BOUNDARY REORGANIZATION AND CONCURRENT UPDATE OF THE SPHERE OF INFLUENCE (SOI) BOUNDARIES OF THE TOWN OF DANVILLE, EAST BAY MUNICIPAL UTILITY DISTRICT (EBMUD), SAN RAMON VALLEY FIRE PROTECTION DISTRICT (SRVFPD) AND TASSAJARA FIRE PROTECTION DISTRICT (TFFD); AND APPROVING A NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE WHEREAS, On September 12, 1990, Resolution No. 32385 of the East Bay Municipal Utility District Board of Directors was submitted to the Contra Costa County Local Agency Formation Commission, making application for proposed annexation of certain affected territory to said district, which territory is described in Exhibit A, attached hereto and incorporated herein by this reference; and WHEREAS, Reasons for the proposal as stated in the resolution of application are as follows: East Bay Municipal Utility District (EBMUD) is empowered to and is engaged in the supply and distribution of water in the area adjacent and contiguous to the area proposed to be annexed. EBMUD has existing water supplies and facilities for the distribution of water sufficient to permit the extension of water service into the area proposed to be annexed: b) The Territory proposed to be annexed to EBMUD is predominantly in developed rural residential use; and c) The Board of Directors received testimony from landowners and the Town of Danville expressing the desire for annexation of said territory to the district; and based upon said request, the Board of Directors of EBMUD has found and determined that the annexation of said territory would facilitate the operation of a public utility by the District and be of advantage to the community; and WHEN, Reason for the proposal as stated in Town of Danville Resolution No. 38-90 are as follows: 1) The territory proposed has been developed in rural residential densities for many years and is directly adjacent to the Existing Town Boundary; 2) The proposed annexation was promulgated by a petition signed by a majority of the landowners in the Lawrence Road area; Proposed urban development (Windemere and Gale Ranch) adjacent to Danville and the Lawrence Road area will not occur under the land use control of the Town, and could result in adverse impacts upon the social, physical, and economic conditions within the existing Town; and 4) The Town has adopted annexation policies that include: o Evaluating the cost/revenue implications of all proposed development projects within the Town's sphere of influence. A cost/revenue study has been conducted for the proposed annexation territory that indicates can be fiscally positive for the Town: 0 Actively discouraging proposed developments which will not likely contribute to the overall well-being of the community. The proposed annexation will provide the Town with the land use controls to assure development compatible with the Town's General Plan and land use related ordinances. O Actively encouraging through annexation, the full participation of developing properties in the cost of providing basic public services.s Development of the proposed annexation territory, because of its location east of the Sycamore Valley and Crow Canyon Corridor areas, will place major demands upon the existing public services and infrastructure within the Town of Danville, particularly roads and intersection improvements. Within the Sycamore Valley and Crow Canyon Corridor areas, the Town has established public improvement financing plans that assure that needed facilities are adequately fund;ed. A similar financing plan will be applied to the proposed annexation territory. On November 14, 1990 the Local Agency Formation Commission of Contra Costa County conducted a duly noticed public hearing and passed resolution no. LAFC 90-33, approving the proposed reorganization subject to conditions, and designating the Town Council of the Town of Danville as the conducting authority pursuant to Government Code Section 56029 (e); and WHEREAS, On December 6, 1990, East Bay Municipal Utility District filed a written request for reconsideration of this matter with the Local Agency Formation Commission; and WHEREAS, On January 16, i991, the Local Agency Formation Commission conducted a duly noticed public hearing and thereafter determined not to change or amend its Resolution No. 90-33; and WHEREAS, The Town of Danville has provided notice of public hearing by the Town Council upon this application at the times and in the form and manner provided by law; iind The public hearing by this Town Council was opened and conducted on February 5, 1991, at the time and place specified in the public hearing notice: and WHEREAS, The Town Council has considered all public testimony, oral and written protests and information and evidence presented, and all persons present were given an opportunity to be hear in respect to any matter relating to' said application. NOW, THEREFORE BE IT RESOLVED, FOUND DETERMINED AND ORDERED THAT: The Negative Declarati6n of Environmental Significance approved and adopted by the Contra Costa County Local Agency Formation Commission in its Resolution No. LAFC 990-33 has been reviewed and considered by the Danville Town Council, and the same is hereby approved and adopted; The Statement of Determinations with Regard to Factors Specified in Government Code Section 56425, as' set forth in Exhibit B to Resolution No. LAFC 90-33 is hereby adopted and incorporated herein by this reference; The boundary of the territory affected hereby is set forth on the map attached hereto as Exhibit B and incorporated herein by this reference, and described in Exhibit A attached hereto and incorporated herein by this reference; The SOI boundaries of EBMUD < the Town of Danville and the San Ramon Valley fire Protection District are hereby amended respectively to include the affected territory shown on Exhibits A and B. The SOI boundary of the Tassajara Fire Protection District is hereby amended to delete a portion of such District's affected territory as is shown on Exhibit B hereto; , The subject proposal is a reorganization pursuant to the Cortese-Knox Local Government Reorganization Act of 1985, Division 3 of Title 5 of the California Government Code, consisting of the annexation of all affected territory indicated herein to EBMUD and the Town of Danville, detachment of that portion of the affected territory as is shown on Exhibits A and B from the Tassajara Fire Protection District and the annexation of such detached territory to the San Ramon Valley Fire Protection District; APPROVED by the Town Council of the Town of Danville at a meeting held on February 5, 1991, by the following vote: AYES: NOES: None ABSTAIN: None ABSENT: None Greenberg, Lane, Ritchey, Schlendorf, Shimansky MAYOR ATTEST: CITY CLERK APPROVED AS TO FORM: Local Agency Formation Commission Contra Costa County, California Approved Description Date: 11/1g/gO By: (L.A.F.C. g0-33) Tim Aiello LAWRENCE ROAD BOUNDARY REORGANIZATION ANNEXATION TO SAN RAMON VALLEY FIRE PROTECTION DISTRICT AND CONCURRENT DETACHMENT FROM TASSAJARA FIRE DISTRICT EXHIBIT A All deed and map reference hereinafter referred to are as recorded in the Office of the Recorder of Contra Costa County, State of California. Beginning at a point on boundary line of Tassajara Fire District and San Ramon Valley Fire District at the northwest corner of Parcel B of Subdivision M.S. 331-77, per map filed in Parcel Map Book 70 at Page 46; thence leaving said fire district boundaries along the west boundary of said M.S. 331-77, South 01002'00'' West 531.68 feet to Subdivision M.S. 142-78, per map thereof filed in Parcel Map Book 80, at Page 8; thence, along the west boundary of said M.S. 142-78, South 01002'00'' West 523.00 feet to Subdivision M.S. 317-77, per map thereof filed in Parcel Map Book 73, at Page 30; thence, along the west boundary of said M.S. 317-77, South 01002'00" West 610.00 feet to Subdivision M.S. 57-78, per map thereof filed in Parcel Map Book 70, at Page 44; thence, along the west and south boundary of said M.S. 57-78, and its easterly prolongation, South 01002'00" West g82.36 feet and South 88°39'2g'' East 162.00 feet to Subdivision M.S. 8g-71, per map thereof filed in Parcel Map Book 17, at Page 26; thence, along the south boundary of said M.S. 8g-71, South 89041'11" East 764 feet to Subdivision M.S. 22g-77, per map thereof filed in Parcel Map book 71, at Page 26; thence, along the south and east boundary of said M.S. 22g-77, South 8g°40'27'' East 1696.g1 feet and North 00°26'06'' East 872.13 feet to M.S. 76-77, per map thereof filed in Parcel Map Book 65, at Page 15; thence, along the east boundary of said M.S. 76-77 and its northerly prolongation, North 00°31~57" East 49g.22 feet to Subdivision M.S. 320-77, per map thereof filed in Parcel Map Book 72, at Page 17; thence, along the east boundary of said M.S. 320-77, North 00031'57'' East (bearing rotated to conform to said M.S. 76-77}, 528.95 feet to Subdivision M.S. 140- 80. per map thereof filed in Parcel Map Book gg, at Page 30; thence, along the east and north boundary of said M.S. 140-80, North 00°4g'34" East' 751.22 feet and North 88058'50" West 1310.88 feet to the east 1/4 corner of Section 6, PAGE 2 (L.A.F.C. g0-33) Township 2 South, Range I East, M.D.B.M., said point being on the aforementioned boundary of Tassajara Fire and San Ramon Valley Fire Districts; thence along said boundary North 88058'50" West to the point of beginning. Containing 157.43 acres more or less. i Local Agency Formation Commission Contra Costa County, California Approved Description Date~ 11/20/g0 By.' {L.A.F.C. g0-33} Tim Aiello LAWRENCE ROAD BOUNDARY REORGANIZATION ANNEXATION TO THE TOWN OF DANVILLE AND EAST BAY MUNICIPAL UTILITY DISTRICT EXHIBIT A All deed and map reference hereinafter referred to are as recorded in the Office of the Recorder of Contra Costa County, State of California. All that property in the County of Contra Costa, State of California, as shown on those maps on file with the Office of the County Recorder in said County and lying within the following described boundaries: Beginning at the intersection of the south line of Camino Tassajara and the east line of Lawrence Road; thence from said point of beginning along the northerly extension of the east line of Lawrence Road, North 08o07'32" West, to its intersection with the north line of Camino Tassajara; thence westerly along said north line to its intersection with the Town of Danville boundary; thence leaving said north line of Camino Tassajara southerly along said Danville boundary to the southwest corner of Lot I of Subdivision 6017, recorded in Map Book 268 at Page 14, on February 22, 1983; thence leaving said Danville boundary along the south line of Subdivision 6017, South 89°11'38'' East, 1,293.63 feet to Subdivision MS 331-77, per Map thereof filed in Parcel Map Book 70, at Page 46; thence, along the west boundary of said MS 331-77, South 01002'00'' West 531.68 feet to Subdivision MS 142-78, per Map thereof filed in Parcel Map Book BO, at Page 8; thence, along the west boundary of said MS 142-78, South 01002'00" West 523.00 feet to Subdivision MS 317-77, per Map thereof filed in Parcel Map Book 73, at Page 30; thence, along the west boundary of said MS 317-77, South 01°02'00" West 610.00 feet to Subdivision MS 57-78, per Map thereof filed in Parcel ~ap Book 70, at Page 4~; ths~ce, ~!ong the west and south boundary of said MS 57-78, and its easterly prolongation, South 01002'00" West 982.36 feet and South 88°39'29" East 162.00 feet to Subdivision MS 89-71, per Map thereof filed in Parcel Map Book 17, at Page 26; thence, along the south boundary of said MS Bg-71, South 89°41'11" East 764 feet to Subdivision MS 229-77, per Hap thereof filed in Parcel Nap Book 71, at Page 26; thence, along the south and east boundary of said MS 229-77, South PAGE 2 (L,A.F.C, 90-33) 89040'27" East 1,696.91 feet and North 00o26'06" East 872.13 feet to MS 76-77, per Map thereof filed in Parcel Map Book 65, at Page 15; thence, along the east boundary of said MS 76-77 and its northerly prolongation, North 00°31'57'' East 499.22 feet to Subdivision MS 320-77, per Map thereof filed in Parcel Map Book 72, at Page 17; thence, along the east boundary of said MS 320-77, North 00°31'57'' East (bearing rotated to conform to said MS 76-77), 528.95 feet to Subdivision MS 140-80, per Map thereof filed in Parcel Map Book 99, at Page 30; thence, along the east and north boundary of said MS 140-80, North 00o49'34'' East 751.22 feet and North 88°58'50'' West 1,310.88 feet to the east 1/4 corner of Section 6, Township 2 South, Range i East, M. D. B. M.; thence, along the east line of said Section 6, North 01o12'02'' East 2,574.38 feet, to the northeast corner of said Section 6; thence, along the north line of said Section 6, North 89°13'50'' West 916 feet, to the east line of said Lawrence Road; thence northwesterly, along the east line of said Lawrence Road to the point of beginning. Containing 358.83 acres, more or less. Excepting from the above described parcel as it applies to the annexation to the East Bay Municipal Utility District only, the northerly portion of Camino Tassajara already within the boundary of said District. Containing 1.05 acres, more or less. BXHIBIT B 4 # #1 I I 4 :/ - LAWRENCE ROAD BOUNDARY REOR~TION .~-m.-~on to the Tomm of Annration m I~BMUD Annention to SRV~D ~nd Dmchment from TFPD