HomeMy WebLinkAboutResolution - 2577 STATE OF CALIFORNIA ) RESOLUTION NO. 2577
COUNTY OF RIVERSIDE) SS
CITY OF SAN JACINTO )
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JACINTO CONFIRMING ASSESSMENT AND ORDERING
MAINTENANCE OF STREETS, ROADS AND HIGHWAYS FOR THE
ANNEXATION OF CERTAIN PROPERTY TO ASSESSMENT DISTRICT
2003-1 (AD 2003-1) PURSUANT TO THE BENEFIT ASSESSMENT ACT
OF 1982 (AD 2003-1, ANNEXATION NO. 1)
WHEREAS, the City Council pursuant to Resolution No. 2485, dated November
6, 2003, formed Assessment District No. 2003-1 (the "District") pursuant to the Benefit
Assessment District Act of 1982 (the "Act') for the purpose of annually levying
assessments on all land within the District to pay the costs of street, road and highway
maintenance within the District; and
WHEREAS, on August 5, 2004, the City Council adopted Resolution No. 2571,
approving the report of the Assessment Engineer for the District (the "Report"), setting
7:00 p.m. on August 19, 2004, and the San Jacinto Unified School District Board Room,
2045 South San Jacinto Avenue, San Jacinto, California, as the time and place of the
hearing on the proposed annexation of certain property to the District and the levy of
assessments therein, as contained in the Report; and
WHEREAS, notice of the public hearing on the proposed annexation of certain
property to the District and assessments to be levied therein were duly mailed to the
record owners of the property within the annexation area as required by the Act; and
WHEREAS, on August 19, 2003, the hearing on the proposed annexation of
certain property to the District and the levy of assessments therein was conducted by
the City Council and all persons desiring to be heard thereon were heard, and the City
Council gave all persons present an opportunity to present written or oral testimony in
respect of any matter relating to the proposed annexation and levy of assessments
therein, to any act or determination of the City Council in relation thereto, to any matter
in connection with the Report or the correctness of the assessment or diagram, or to
any other matter relating to the proceedings; and
WHEREAS, at the conclusion of the public hearing, the City Clerk tabulated the
assessment ballot submitted, and not withdrawn, in support of or in opposition to the
proposed assessments to be levied on parcels of property within the District and
reported that the assessments ballots submitted, and not withdrawn, in support of the
proposed assessments exceeded the assessment ballots submitted, and not withdrawn,
in opposition to the proposed assessments, and a majority protest against the levy of
the proposed assessment does not therefore exist; and
WHEREAS, the City Council has determined that the diagram and assessment
�., contained in the Report should be confirmed and that the maintenance services
described in the Report should be ordered.
NOW, THEREFORE, BE IT RESOLVED, determined and ordered by the City
Council of the City of San Jacinto:
SECTION 1. Annexation. The property described in Exhibit "A" attached
hereto is hereby annexed into the District.
SECTION 2. Assessment Ballot. The City Council finds that the
assessment ballots submitted, and not withdrawn, in support
of the proposed assessments to be levied on parcels of
property within the District exceed the assessment ballots
submitted, and not withdrawn, in opposition to such
proposed assessments, and that a majority protest does not
there for exist.
SECTION 2. Necessity. The City Council finds (a) that the public interest,
convenience and necessity require the maintenance of
streets, roads and highways as described in the Report, and
(b) that the maintenance is feasible, and (c) that the property
to be assessed therefore will be able to carry the burden of
the proposed assessments and to pay the costs and
expenses thereof.
SECTION 3. Benefit. The City Council finds (a) that all the property
included within the proposed annexation area to the District
will be benefited by said maintenance and (b) that the
proposed assessment of the total amount of the costs and
expenses of such maintenance upon the parcels of land to
be annexed which are to be assessed therefore is in
proportion to the benefits to be received by such parcels.
SECTION 4. Confirmation of Assessment. The Board of Directors hereby
confirms the assessment and the diagram of the District, as
contained in the Report, and orders the maintenance of the
streets, roads and highways as described in the Report.
SECTION 5. Recordation of Assessment and Diagram. The City Clerk
shall cause the assessment and diagram to be recorded in
the office of the County Recorder of the County of Riverside
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ADOPTED, SIGNED AND APPROVED this 19th day of August, 2004.
City of San Jacinto
za'4'13y'—s ,
im Ayr Mayor
ATTEST:
rothy L. r inard, City Clerk
APPROVED AS TO FORM:
City Attorney, City of San Jacinto
Best, Best & Krieger, LLP.
I, Dorothy L. Chouinard, City Clerk of the City of San Jacinto, do hereby certify that the
foregoing Resolution No. 2577 was passed, adopted and approved at a regular meeting
of the City Council of the City of San Jacinto held on the 191" day of August, 2004, by
the following vote:
Ayes: Carlson-Buydos, Conner, Shaw, Ayres
Nays: None
Absent: Stubblefield
Abstained: None
WITNESS MY HAND AND OFFICIAL SEAL this 19"' day of August, 2004.
Od)rothy L. Ch inard
City Clerk, Ci of San Jacinto
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EXHIBIT "A"
APN(s) Landowner
431-170-017 82 San Jacinto LLC
431-170-022 82 San Jacinto LLC
433-160-001 Osborne Development Corp.
433-160-002 Osborne Development Corp.
433-160-003 Osborne Development Corp.
438-280-012 Osborne Development Corp.
438-280-013 Osborne Development Corp.
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