HomeMy WebLinkAboutResolution - 3321 STATE OF CALIFORNIA ) RESOLUTION NO. 3321
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. 51)
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. 51 (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 December 10,
2009, 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 6,
2010, 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 6
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. 51 (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 6,
2010, 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.
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.
PASSED, APPROVED and ADOPTED this 20Eh day of May, 2010, by the following
vote:
Ayes: Ayres, Mansperger, Potts, Stubblefield
Nays: None
Absent: Di Memmo
Abstain: None
City of San Jacinto
By:
Dale Stubblefie , Ma r
ATTEST:
Rick Miller, City Clerk
APPROVED AS TO FORM:
Best, Best & Krieger, LLP.
,feffrKg. Ballinger, ity Attorney
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. 51
in the City, held on May 20, 2010.
I 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 20th day of May, 2010
�" )ul&
Rick Miller, City Clerk
.,r
Page A-1
Exhibit B
Annexation Map
Page B-1
� r �
SHEET 1 OF 2 ANNEXATION MAP NO. 51 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
he 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 . 2010.
Riverside, State of California, which this Annexation Map affects.
Rick Miller, Interim San Jacinto City Clerk
V I C N I TY MAP (2) 1 hereby certify that the within map showing the proposed
boundaries of Annexation No. 51 to City of San Jacinto
Community Facilities District No. 2003-1, Riverside County,
State of California, was approved by the City Council at a regular
a `k eexwr meeting thereof, held on this
AnrONA day of , 2010,
N o Q by its Resolution No.
� W
3 H Rick Miller, Interim San Jacinto City Clerk
CO WOOD AVE. y Q
PEArs
a p IN ST.. (3) Filed this—day of , 2010, at the hour of o'clock_m,
y see ° in Book of Maps of Assessment and Community Facilities
y SEVEN rrr sr. sheet 2 Districts at page and as Instrument No. in
the office of the County Recorder of Riverside County, State of California.
a 'AEE ANS Lary W. Ward
DE AVEvs
Q Assessor-County Clerk-Recorder of Riverside County
U EATON AVE. By
FRlIITVA E AVE. C x avr Deputy
z A Fee
Exempt recording requested, per CA Government Code§6103
Prepared by David Toussig h Assoelotes, Inc.
>HEET 2 OF 2 ANNEXATION MAP NO. 51 TO
CITY OF SAN JACINTO
COMMUNITY FACILITIES DISTRICT NO. 2003-1
COUNTY OF RIVERSIDE
STATE OF CALIFORNIA
SEVENTH STREET
N
W
Reference is hereby made to the I
Assessor maps of the County of Riverside 435-330-016 y
for a description of the lines and Elm
dimensions of each lot and parcel. (Portion)
PA ICEL B
435-330-018
The area included within the boundaries of Annexation No. 51 is
Parcel 8 of Lot Line Adjustment No. 02-09, in the City of San
Jacinto, County of Riverside, State of California, recorded as
Document No, 2010-0050299, Official Records, County of Riverside.
Q
LEGEND co
of Annexation No. 51
M U N R O E to city of San Jacinto Community
Facilities District No. 2003-1
Assessor Parcel Line
435-330-01n Assessor Parcel Number
NINTH STREET
Prepared by David Taussig h Associates. Inc.
San Jacinto Annexation No. 51 to CFD 2003-1
Map Project Guide
Boundary Map
Annexation No. 51 Assessor Parcel Tract Project
Sheet Number Number(s) Number Name land Owner / Developer
2 435 - 330 - 016 Parcel B R & B Investment, Inc. /
( Portion ) , of L . L .A.
435 - 330 - 018 No . 02 -09
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
APN(S) Landowners
Parcel B of Lot Line Adjustment 02-09
recorded as Document No. 2010-0050299
on February 3, 2010 R & B Investment, Inc.
Page C-1