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Home My WebLink AboutResolution - 3159 STATE OF CALIFORNIA ) RESOLUTION NO. 3159 COUNTY OF RIVERSIDE) ss CITY OF SAN JACINTO ) ..r 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. 49) 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. 49 (the "Annexed Area"), and WHEREAS, less than twelve (12) registered voters have resided within the territory of Annexed Area for each of the ninety (90) days preceding May 15, 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) and each such landowner who is the owner of record as of May 15, 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 Clerk of the City of San Jacinto has caused ballots to be distributed to the qualified electors of the Annexed Area, 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. 49 (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. Less than twelve (12) registered voters have resided within the territory of Annexed Area for each of the ninety (90) days preceding May 15, 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. SECTIONS. 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. B. 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 15th day of May, 2008, by the following vote: Ayes: Carlson, Mansperger, Stubblefield, Ayres Nays: None Absent: Ritchie Abstain: None City of San Jacinto By: Jim Ay s, Mayor ATTEST: D athy L. C uinard, City Clerk City of San J into APPROVED AS TO FORM: �tyiq'��ney, Cit of San 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 HERESY 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. 49 in the City, held on May 15, 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 15 day of May, 2008 D othy L. Ch inard, City Clerk City of San J Into Page A-1 If r r SHEET 1 OF 2 ANNEXATION MAP NO. 49 TO CITY OF SAN JACINTO COMMUNITY FACILITIES DISTRICT NO. 2003-1 COUNTY OF RIVERSIDE STATE OF CALIFORNIA Reference is hereby made to that certain map entitled "Amended Boundaries of City of San Jacinto Community Facilities District No. 2003-1, County of Riverside, State of California," filed (1) Filed in the office of the City Clerk of the City of San Jacinto the 22nd day of December, 2003, at the hour of 8 o'clock a.m. in Book 55 at pages 58-59, and as instrument number 2003-995886 in the office of the County Recorder of the County of this day of ,2008. Riverside, State of California, which this Annexation Map affects. -R Dorothy L. Chouinard, San Jacinto City Clerk VICINITY MAP (2) 1 hereby certify that the within map showing the proposed boundaries of Annexation No.49 to City of San Jacinto Community Facilities District No. 2003-1, Riverside County, w State of California, was approved by the City Council at a regular ANONABERGIN meeting thereof, held on this day of ,2008, by its Resolution No. 3 Dorothy L. Chouinard, San Jacinto City Clerk corroHwooa AVE. � a a ,p wAnj sr. _ (3) Filed this_day of 2008, at the hour of o'clock_m, y in Book of Maps of Assessment and Community Facilities y,SEVENTH sr — -- Districts at page and as Instrument No. in SHAVER see` the office of the County Recorder of Riverside County, State of California. g Q ESPLANADEe AVE E axssr Larry W.Ward c LUAssessor-County Clerk-Recorder of Riverside County EAL N EA TON AVE. y ti By ` x ARx Deputy FRUIrVA E AVE. ti R[• Fee Exempt recording requested, per CA Government Code§6103 Prepwed by David Taussig & Associates, Inc. t � r SHEET 2 OF 2 ANNEXATION MAP NO. 49 TO CITY OF SAN JACINTO COMMUNITY FACILITIES DISTRICT NO. 2003-1 COUNTY OF RIVERSIDE STATE OF CALIFORNIA q Reference is hereby made to the p Assessor maps of the County of Riverside for a description of the lines and rq dimensions of each lot and parcel. Z 2 V1 H ESPLANADE AVE. 439-111-002 1 yr 1 L q N Boundaries of Annexation No. 49 M■■■ to City of San Jacinto Community Facilities District No. 2003-1 LA ENTRADA Assessor Parcel Line 439-111-002 Assessor Parcel Number Prepared by David Taossig Associates, Inc. San Jacinto Annexation No. 49 to CFD 2003-1 Map Pro'ect Guide Boundary Map Annexation No. 49 Assessor Parcel Tract Project Sheet Number Number(s) Number Name Land Owner I Developer 2 439- 1 11 - 002 NA Auto Shawn A. Schraeger — Zone SAS Development, LLC / AutoZone Note: This map project guide is included to help identify properties within the CFD, but this guide is not intended for County of Riverside recordation with the Annexation map it refers to. Exhibit C List of Properties to be Annexed APNfSI Landowners 439-111-002-1 SAS Development, LLC Page C-1