HomeMy WebLinkAboutCC Resolution 10391 (110 Point San Pedro Rd. Annexation)RESOLUTION NO. 10391
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
MODIFYING RESOLUTION NO. 10340 AND APPROVING THE
ANNEXATION OF CERTAIN REAL PROPERTY LOCATED AT 110 POINT
SAN PEDRO ROAD.
WHEREAS, an application (P97-1) was submitted to the Planning
Department requesting annexation of the property at 110 Pt. San Pedro Road to
the City of San Rafael; and
WHEREAS, the application was filed by Boyd R. Lang, the owner of the
property; and
WHEREAS, the reasons stated for the annexation are to locate the entire
residential parcel within the City of San Rafael and receive City services; and
WHEREAS, the Local Agency Formation Commission of the County of
Marin adopted Resolution No. 98-12 on September 8,1998, making
determinations and approving the proposed annexation to the City of San Rafael
of the 0.8 acre parcel described in Exhibit "A " (legal description) and Exhibit "B"
(plat map), prepared by John Eric Brotschi, CE (specifically identified as County
Assessor's Parcel 17-181-36), attached hereto and incorporated herein by this
reference; and
WHEREAS, the regular county assessment roll is utilized by the City; and
WHEREAS, the affected territory will be taxed for existing general
bonded indebtedness of the City of San Rafael; and
WHEREAS, the territory proposed to be annexed is found to be
"uninhabited" by definition established pursuant to the Cortese -Knox Act; and
WHEREAS, the annexation is consistent with the sphere of influence of
the City of San Rafael and is in conformance with the General Plan annexation
policies LU 3 through LU 7; and
WHEREAS, the City Council certifies that the project is exempt from the
provisions of the California Environmental Quality Act (CEQA) pursuant to
CEQA Guidelines Section 15319b in that the project qualifies as a Class 19
Categorical Exemption (Annexations of Existing Facilities and Lots for Exempt
Facilities); and
WHEREAS, the Local Agency Formation Commission has authorized the
City Council to approve this annexation without notice and hearing and without
an election; and
WHEREAS, on December 7,1998 the City Council of the City of San
Rafael acting as conducting authority, as directed under LAFCO resolution No
98-12, adopted Resolution No 10340 approving a prezoning and annexation of
the property; and
WHEREAS, City Council Resolution No 10340 authorizing the annexation
did not incorporate and impose the terms and conditions of the LAFCO
resolution, therefore, said City Council resolution was returned to the City for
modification; and
NOW THEREFORE BE IT RESOLVED, that the terms and conditions of
annexation as approved by the Local Agency Formation Commission under
LAFCO Resolution No. 98-12, as listed below, are hereby adopted thereby
modifying Resolution No. 10340 as follows:
1) Marin LAFCO waived its pre -zoning requirement of this
developed property.
2) The property shall detach from County Service Area # 19 ( Santa
Venetia Fire Service) and County Library.
BE IT FURTHER RESOLVED, that the City Council of the City of San
Rafael hereby orders the territory described in Exhibit "A " (legal description)
and Exhibit "B" (plat map) annexed, and directs the City Clerk 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 Marin County.
I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, California,
hereby certify that the foregoing resolution was duly and regularly introduced
and adopted at a regular meeting of the City Council of said City held on the 5'
day of April, 1999, by the following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
A.
JEA E M. LEONCINI, City Clerk
PAGE- 2 -
EXHIBIT A
POINT SAN PEDRO ROAD ANNEXATION
TO
CITY OF SAN RAFAEL
MAPPING NO. 161%
Beginnning at a point on the corporate city limits of San Rafael, said point•
also being the most northwesterly corner of Parcel One of 15 PM 68 as recorded
in the Office of the Recorder of Marin County, and on the southerly right of
way of Point San Pedro Road; thence from said Point of Beginning along the
corporate city limits of San Rafael in a southeasterly and southwesterly
direction to the westerly line of APN #17-181-36 said line described in
Document 87-46337 filed in the Office of the Recorder of Marin County;
thence leaving said corporate city limits of San Rafael and along the westerly
line of Document 87-46337 North 25'43'00" West 220 feet more or less to the
southerly right of way line of Point San Pedro Road; thence along said
right of way North 63° 12'00" East 165.33 feet more or less to the
Point of Beginning.
Said parcel contains 0.8 acres more or less.
Prepared by:
John E. Brotschi
C.L. #31491
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