Reso 1983-399RESOLUTION NO. �3- 39
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
COSTA MESA SANITARY DISTRICT, ORANGE COUNTY,
CALIFORNIA, CONSENTING TO ZERO TAX EXCHANGE ON
CERTAIN ANNEXATIONS TO THE DISTRICT; ESTABLISH-
ING CONDITIONS OF WAIVER AND STATING REASONS
THEREFOR.
THE BOARD OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT
OF ORANGE COUNTY, CALIFORNIA, DO HEREBY RESOLVE AS FOLLOWS:
WHEREAS, several legislative acts have been passed by the
California Legislature, including but not necessarily limited to
Assembly Bill 8, Assembly Bill 1019, Assembly Bill 2212, Assembly
Bill 2376, and Senate Bill 180, all relating to rights of local
agencies to share in real property tax; and
WHEREAS, pursuant to the aforesaid legislation, districts
may negotiate with the county for a share of the ad valorem tax or
may consent to a zero tax exchange; and
WHEREAS, the Costa Mesa Sanitary District in an effort to
serve developments and applicants needing sanitary sewer service
and enter into service agreements with various applicants, which
said agreements provide for the payment of fees designated to meet
the operating costs of the District for said developments; and
WHEREAS, said agreements provide that the District is
committed to the process of annexations for said developments in
the District; and
WHEREAS, the Local Agency Formation Commission has deter-
mined that said annexations cannot be completed until such time as
the annexing district and the county have resolved the allocation
of property tax revenues that will result from said annexation; and
WHEREAS, the Costa Mesa Sanitary District intends to, and
by this Resolution does, waive its rights under terms and conditions
as hereinafter set forth;
NOW, THEREFORE, BE IT RESOLVED that in order to process to
completion annexations of the District as committed in various
service agreements between developers and the District, the Costa
Mesa Sanitary District will and does by this Resolution consent to
• t
i
zero tax transfer between the County of Orange and the District
in the following annexation:
ANNEXATION NO. 211
BE IT FURTHER RESOLVED that District does not waive its
right to share in property tax in the event legislative acts or
court decisions retroactively create a right in the District to
share in the property tax.
BE IT FINALLY RESOLVED that a certified copy of this
Resolution be forwarded to the Local Agency Formation Commission
and that a certified copy be forwarded to the Orange County
Board of Supervisors.
PASSED AND ADOPTED this /,?ZZ day of d)(el � , / �& .
sident `k
to Mesa Sanitary District
ATTEST:
1
Secretary
STATE OF CALIFORNIA)
) SS
COUNTY OF ORANGE )
I, Florine T. Reichle, Assistant Secretary of the Board of
Directors of the Costa Mesa Sanitary District of Orange County,
California, do hereby certify that the foregoing Resolution,
being Resolution No. 83 -399 , was duly passed, approved and adopted
by said Board, approved and signed by the President of said Board,
and attested by the Secretary of said Board, all at a meeting of
the Board of Directors held on the 13th day of October ,
1983 , and that the same was passed and adopted by the said Costa
Mesa Sanitary District by the following vote:
AYES NOES ABSENT
Wahner, Crank, Hutchison, None None
Hanson, Green.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
the Seal of the Costa Mesa Sanitary District, this 13th day of
October , 1983
i
Florine T. Reichle, Assistant
Secretary of the Board of Directors
of the Costa Mesa Sanitary District,
Orange County, California
-2-
EXHIBIT "A" Page 1 of 1
• i
DETACHMENT FROM THE COSTA MESA SANITARY DISTRICT - DETACHMENT NO. 83 -01
That portion of Land in the City of Newport Beach, County of Orange, State of
California, more particularly described as follows:
Beginning at an angle point.in the existing boundary of the Costa Mesa
Sanitary District, said point being at the northerly corner of Engineer's
No. 33 Annexation to said District; thence along the existing boundary of said
District as described in said Engineer's No. 33, Engineer's No. 46, and
Annexation No. 27, through its various courses in a general southeasterly,
southwesterly, westerly, southwesterly, and northwesterly direction to a point
on the westerly line of the First Addition to Newport Mesa Tract, as shown on
a map thereof, recorded in Book 8, page 61, of Miscellaneous Maps, records of
Orange County, California, said point being at the intersection with the north
line of 16th Street, 60 feet in width, as shown on said tract, said point also
being distant North 29. °09'00" West 3060.75 feet from the most Southerly corner
of said Annexation No. *27; thence departing said existing boundary, easterly,
along the.north line of said 16th Street and the southerly lines of Lots 1112
and loll of Newport Mesa Tract, as shown on a map thereof, recorded in Book 5,
page 1, of Miscellaneous Maps, records of said Orange County, North 89 °42'00"
East 955.90 feet to the southeast corner of said Lot 1012; thence northerly
along the easterly line of said Lot 1012 North 00 °18'00" 'Rest 300.00 feet to
the northeasterly corner thereof; thence easterly along the westerly prolonga-
tion of the northerly line of Lot 912 of said Newport Mesa Tract and along the
northerly line of said Lot 912 North 89 °42'00" East 690.00 feet to the north-
easterly corner thereof; thence southerly along the easterly line of said Lot
912 South 00 °18'00" East 300.00 feet to the southeasterly corner thereof;
thence easterly along the southerly line of Lot 812 of said Newport Mesa Tract
North 89 °42'00" East 630.00 feet to the southeasterly corner thereof; thence
southerly along the northerly prolongation of-the easterly line of Lot 812h of
said First Addition to Newport Mesa Tract, and along the easterly line of said
lot 812'h South 00 °18'00" East 360.00 feet to the southeasterly corner thereof;
thence North 88 °44'43" East 60.01 feet to a point on the westerly line of Lot
713 of said First Addition, said point being one foot northerly of the south-
westerly corner thereof; thence easterly along a line one foot northerly of,
and parallel to the southerly line of Lots 713 and 613 of said First Addition
North 89 042'00" East 1,111.59 feet to a point on the existing boundary line of
said District and the center line of Superior.Avenue, 60 feet in width, as
described in said Annexation No. 27; thence southwesterly, along said existing
boundary as described in said Annexation and said center line South 40 °00'00"
West 934.4 feet to the point of beginning.
The above described parcel of land contains 146 acres, more or less.
Attached and made a part of is a map designated EXHIBIT "B ".
This proposal does meet the
approval of the Surveyor's Office.
BA: sgPWS10 -28 C. R. 3elson, County Surveyor.
8/5/83 By
Deputy
Date
HIBIT A -1
C.M.S.D. Engineer's No. 210
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EXHIBIT ;13"
EX151. MUMMY OF LD4TA MESA ')ANITARY V15TRILT
AREA TO BE DETALHED
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CITY LIMM OF L05TA MESA ---;I
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CITY LIMITS OF NEWPORT WEH \
W'LY LINE FIRST � N88 °44'43 "E`
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DETACHMENT FROM THE
C05TA MDA SANITARY DIRICT
DE-1X VIENT N® 83.01
AREA - 14GtALRE5
This proposal does meet :hey
approval of the Surveyor's Office.
C. R. elson, County Surveyor.
By
Deputy
Date 041a lST 9. 19R-3
ROBIN f3. HAMER5 4 A550CIATB , INC
LIVIL EtyWNEERS
E34 E. 11TH STREET , SUITE 205
C05TA MESA , CA 92GZ7
(114) G31-1731
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O.M.S. D N&ItJoI N? 210
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