HomeMy WebLinkAboutResolution - 2607 STATE OF CALIFORNIA ) RESOLUTION NO. 2607
COUNTY OF SAN DIEGO ) 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. 8)
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. 8 (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 October 7, 2004,
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
October 7, 2004, 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 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 213'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. 8 (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 October 7, 2004,
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.
D. 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 3. Declaration Of Annexation. The City Council does hereby
determine and declare that the Annexed Area is now added
14ftW 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
Page 2 of 3
empowered to levy the authorized special tax within the
`" Annexed Area.
SECTION 4. Notice. Immediately upon adoption of this Resolution, notice
shall be given as follows:
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 71h day of October, 2004, by the
following vote.
Ayes. Carlson-Buydos, Conner, Shaw, Stubblefield, Ayres
Nays: None
Absent: None
Abstain: None
City of San Jacinto
By: v ti-
m Ayres, ayor
ATTEST:
uvk�wj
D rothy L_ C uinard, City Clerk
City of San J into
APPROVED AS TO FORM:
City Attorney, City of San Jacinto
`W 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. 8
in the City, held on October 7, 2004
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 4
NO 0
WITNESS my hand this 7th day of October, 2004
V
Do thy L. Chou' ard, City Clerk
City of San Jaci o
Page A-1
EXHIBIT B
SHEET I OF 2 ANNEXATION MAP NO. 8 TO
CITY OF SAN JACINTO
COMMUNITY FACILITIES DISTRICT NO. 2003-1
COUNTY OF RIVERSIDE
STATE OF CALIFORNIA
(f) Filed in the mice of the City Clerk of the City of San
Reference is hereby made to that certain map entitled"Amended Boundaries of City of San Jacinto this 7s'day of 5 ,20C4.
Jacinto Community Facilities District No.2003-1,County of Riverside, State of California,"filed
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 2003-955886 In the office of the County Recorder of the County of Dofoth�y L.Cholinard,San Jacinto City Clerk
Riverside, State of California, which this Annexation Map affects.
VICINITY MAP (2) 1 hereby certify that the within map showing the proposed
boundaries of Annexation No.8 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 meeting thereof, held on this day of
W catromvaan sr. Oc bbc. 2004,by its Resolution No. gwf
MA ST.
Dor6thy L.d.oWnard. San Jacinto City Clerk
SEW" 57. see b .
Qw She9l 2 � r
Q 7- ~ e e a 4 0 ti (3) Filed thts-Z�-day of nt il,�mni 2004,at the hour
19 of Bi o clock A_m,in Book 59 of Maps of
$ s z Assessment and Community Facilities Distrots at page
,; K EA70N AVE �fe•�I and as Instrument No, �L OS�a4t3
FRUITVA f AVE 41T in the office of the Ccunty Recorder of Riverside
County,State of California.
Gary L.Orso
Assessor-County Clerk-Recorder of Riverside County
By '1Y! _ nhr"n.
Deputy
IN Fee t 4•—
Exempt recording requested,
Prepared by Dov:d Tousstg & Associates, Inc. per CA Government Code§6103
SHEET i OF 2 ANNEXATION MAP NO. 8 TO
CITY OF SAN JACINTO
COMMUNITY FACILITIES DISTRICT NO. 2003-1
COUNTY OF RIVERSIDE
STATE OF CALIFORNIA
(t) Filed in the office of the City Clark of the City of San
Reference is hereby made to that certain map entitled "Amended Boundaries of City of San Jacinto this Lea`day of 54knis, 2004.
Jacinto Community Facilities D€strirt No. 2003-1, County of Riverside, State of Califomia,"filed
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
Riverside, State of California, which this Annexation Map affects. i]orothy L. Ch inard,San Jacinto City Cleric
VICINITY MAP (2) 1 hereby certify that the within map shng the proposed
boundaries of Annexation No.8 to Coi of San Jacinto
Community Faciffies District No.2003-1, Riverside County,
State of California,was approved by the City Council ata
regular meeting thereof,held on this�-day of
Wbic
o WOODw .2004,by its Resolution No. 2(P0y
NA ST. Dorothy L, ouinard,San Jacinto City Clerk
sr. seB A 4 N � Filed this�day of NwR 2004,at the hour
of S o`clock A m,in Hook s9 of Maps of
Assessment and Community Facilities Districts at page
AYE jtn•+tl and as Instrument No. .2tw-08164t3
AVE ,le in the office of the County Recorder of Riverside
County,State of California.
Gary L.Orso
Assessor-Cogu iy Clerk-Recorder of Riverside County
By �17Q �nr,A
Deputy
IN Fee 04•r
Exempt recording requested,
prepared by Ravid Toussig & Associates, Inc. per CA Government Code§6103
Exhibit C
List of Properties to be Annexed
APN(S) Landowners
415-071-041 R & B Investment Inc.
Page C-1