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Home My WebLink AboutResolution - 3142 STATE OF CALIFORNIA ) RESOLUTION NO. 3142 COUNTY OF RIVERSIDE ) ss CITY OF SAN JACINTO ) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA, CERTIFYING THE RESULTS OF AN ELECTION AND ADDING PROPERTY TO COMMUNITY FACILITIES DISTRICT NO. 2003-1 (CFD 2003-1, ANNEXATION NO. 46) WHEREAS, the City Council of the City of San Jacinto (the "City Council°), has previously formed a Community Facilities District pursuant to the provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California, said Article 3.5 thereof. The existing Community Facilities District being designated as COMMUNITY FACILITIES DISTRICT NO. 2003-1 (the "CFD No. 2003-1"); and, WHEREAS, the City Council has also established a procedure to allow and provide for future annexations to CFD No. 2003-1 and the territory proposed to be so annexed in the future was designated as COMMUNITY FACILITIES DISTRICT NO. 2003-1, FUTURE ANNEXATION AREA (the "Future Annexation Area"); and WHEREAS, at this time the unanimous consent to the annexation of certain territory within the Future Annexation Area to CFD No. 2003-1 has been received from the property owner or owners of such territory, and such territory has been designated as ANNEXATION NO. 46 (the "Annexed Area"); and WHEREAS, less than twelve (12) registered voters have resided within the territory of the Annexed Area for each of the ninety (90) days preceding April 3, 2008, therefore, pursuant to the Act the qualified electors of the Annexed Area shall be the "landowners" of such Annexed Area as such term is defined in Government Code Section 53317(p and each such landowner who is the owner of record as of April 3, 2008, or the authorized representative thereof, shall have one vote for each acre or portion of an acre of land that she or he owns within such Annexed Area; and WHEREAS, the time limit specified by the Act for conducting an election to submit the levy of the special taxes on the property within the Annexed Area to the qualified electors of the Annexed Area and the requirements for impartial analysis and ballot arguments have been waived with the unanimous consent of the qualified electors of the Annexed Area; and WHEREAS,the City Cleric of the City of San Jacinto has caused the ballots to be distributed to the qualified electors of the Annexed Area and has received and canvassed such ballots and made a report to the City Council regarding the results of Page 1 of 3 such canvas, a copy of which is attached as Exhibit A hereto and incorporated herein by this reference; and ... WHEREAS, at this time the measure voted upon and such measure did receive the favorable 2/3's vote of the qualified electors, and the City Council desires to declare the results of the election; and WHEREAS, a map showing the Annexed Area and designated as Annexation No. 46 (the "Annexation Map"), a copy of which is attached as Exhibit B hereto and incorporated herein by this reference, and a list of Assessor Parcel Numbers and landowners, a copy of which is attached as Exhibit C hereto and incorporated herein by this reference, has been submitted to the City Council. NOW, THEREFORE, BE IT RESOLVED, determined and ordered by the City Council of the City of San Jacinto, that: SECTION 1. Recitals. The above recitals are all true and correct. SECTION 2. Findings. This City Council does hereby determine as follows: A. The unanimous consent to the annexation of the Annexed Area to CFD No. 2003-1 has been given by all of the owners of the Annexed Area and such consent shall be kept on file in the Office of the City Clerk_ •.. B. Mess than twelve (12) registered voters have resided within the territory of Annexed Area for each of the ninety (90) days preceding April 3, 2008, therefore, pursuant to the Act the qualified electors of the Annexed Area shall be the "landowners" of such Annexed Area as such term is defined in Government Code Section 53317(f). C. The qualified electors of the Annexed Area have unanimously voted in favor of the levy of special taxes within the Annexed Area upon its annexation to CFD No. 2003-1. SECTION 3. Annexed Area. The boundaries and parcels of territory within the Annexed Area and on which special taxes will be levied in order to pay for the costs and expenses of authorized public facilities are shown on the Annexation Map as submitted to and hereby approved by this City Council. SECTION 4. Declaration Of Annexation. The City Council does hereby determine and declare that the Annexed Area is now added to and becomes a part of CFD No. 2003-1. The City Council, acting as the City Council of CFD No. 2003-1, is hereby empowered to levy the authorized special tax within the Annexed Area. SECTION 5. Notice. Immediately upon adoption of this Resolution, notice shall be given as follows: Page 2 of 3 A. A copy of the annexation map as approved shall be filed in the Office of the County Recorder no later than fifteen (15) days after the date of adoption of this Resolution. 13. An Amendment to the Notice of Special Tax Lien (Notice of Annexation) shall be recorded in the Office of the County Recorder no later than fifteen (15) days after the date of adoption of this Resolution. APPROVED, SIGNED and ADOPTED this 17t' day of April, 2008, by the following vote: Ayes: Carlson, Mansperger, Ritchie, Ayres Nays: None Absent: Stubblefield Abstain: None City of San Jacinto By: J Ayres,lr-�- M-yor ATTEST: f D othy L. C inard, City Clerk City of San Mcinto APPROVED AS TO FORM: Cify AtKney, City of an Jacinto Best, Best & Krieger, LLP. Page 3 of 3 Exhibit A Certificate of Election Official and Statement of Votes Cast STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF SAN JACINTO ) The undersigned, ELECTION OFFICIAL OF THE CITY OF SAN JACINTO, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, DOES HEREBY CERTIFY that pursuant to the provisions of Section 53326 of the Government Code and Division 12, commencing with Section 17000 of the Elections Code of the State of California, I did canvass the returns of the votes cast at the CITY OF SAN JACINTO COMMUNITY FACILITIES DISTRICT NO. 2003-1 SPECIAL ELECTION ANNEXATION NO. 46 in the City, held on April 17, 2008. 1 FURTHER CERTIFY that this Statement of Votes Cast shows the whole number of votes cast in the area proposed to be annexed to Community Facilities District No. 2003-1 of the City of San Jacinto for or against the Measure are full, true and correct. VOTES CAST ON PROPOSITION 1: YES 1 NO 0 WITNESS my hand this 17"'day of April, 2008 r d Do othy L. C uinard, City Clerk City of San Jobrito Page A-1 r F B �4 SHEET 1 OF 2 ANNEXATION-MAP N0:46 TO CITY OF SAN JACINTO COMMUNITY FACILITIES'DISTRICT,NO. 2003A COUNTY-OP RIVERSIDE STATE'OF CALIFORNIA Reference is hereby made to that certaln,nu p.entitled*Amended Soundetrles of City of San Jadido.Cowtvifgr FadKies Disirfat No,2003.1, County of Riverside,'State of Cdtbml%w fled (1) Fled in the aft of the Clty'Clerk of the Cffy bf San Jecinb the 22nd day of December,2003, at the hour.of B ddda a.m.'In Book 55 at-papes 58-69, and as Inotrurinent number 2003-995886 in the off ce of the County Recorder of the County of fhis;�.dey of Geri I 2DOt3: Rive►side,State of California,which thia Annvmtlon Map afif *. Dorothy L.dOwd,San Jacinlo-Clly Clerk VICINITY `NEAP (2) I hereby trertHy tlW-the wNhln map ahoNing the proposed boundaries of Arn oWan No,46 to City of San Jea to Conxrwnip f WillaDiabid No.2003=1,Riverside Cour ty� Stalle or tWCiiorrtla,was approved by the City Courid at'a regular . meadrg thereof,held on fhia_L�.'dey of��,2M.1 by Its Resolulion No. wq2, Ddolhy L hwinard,San Jacinto Ciht Owk an t (3)Filed Us-lif day of MOY _ ,2008,at the hour of:$�•ddodc,im$ See. In Book - of Aftpi of Amserns t and Comm*FeclUes SI!eat.2 Districts at pop g2'3 and as lnetument No.&D3-d.0 _in . the office of the County Recorder of Riverside Cou*,State of California. N IMAM AW Larry.W:•Ward Assmw-County Clerk-Recorder of Riversids Canty . By � A r.1, " - Daffy- Exempt moordirg requested,per CA Government Code§6103 e ooKe as SHEET 2 OF 2 ANNEXATION MAP NO. 46 TO, CITY.QF SAI+I JACINTO "C.OMMUNITY FACILITIES DISTRICT NO.•2003-4 COUNTY OF RIVERSIDE STATE OF CALIFORNIA }ieference is hereby made to the LEGEND Assessor ceps of the County of BMW.orie4 of Riverside for'a 'description of Annexation wo: 4e W '• the lines and dimensions of •to city of men Jacinto each lot and arcel. oaaeuntty feetlitiee P olatrict NO. 200e•1 437-$00-016 Assessor Paropl Number "MR STP"r rpr�by Dom T ft Exhibit C List of Properties to be Annexed APN(S) Landowners 437-300-016 Carolino Constriction and Development Corporation Page C-1