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HomeMy WebLinkAboutResolution - 2560 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS RESOLUTION NO. 2560 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. 5) 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 legislative body 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 w 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. 5 (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 July 15, 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 July 15, 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 this 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 w- the favorable 213's vote of the qualified electors, and this City Council desires to declare the results of the election, and WHEREAS, a map showing the Annexed Area and designated as Annexation No 5 (the "Annexation Map"), a copy of which is attached as Exhibit B hereto and incorporated herein by this reference, has been submitted to this legislative body. 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 legislative body 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 July 15, 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 . 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 legislative body. SECTION 4. DECLARATION OF ANNEXATION. This legislative body 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 legislative body of CFD No. 2003- 1, is hereby empowered to levy the authorized special tax 144W within the Annexed Area. Page 2 of 3 SECTION S. NOTICE. Immediately upon adoption of this Resolution, 1%W 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 AND ADOPTED this the 15t" day of July 2004, by the following votes: Ayes: Carlson-Buydos, Shaw, Stubblefield, Ayres Nays: None Abstain: None Absent: Conner CITY OF SAN JACINTO: By, <:a- 'IvL yres, ayor ATTEST: (it,C Dpiothy L. Ch inard, City Clerk APPROVED AS TO FORM City Attorney Best Best & Krieger LLP Page 3of3 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. 5 in the City, held July 15, 2004. 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 26 NO 3 WITNESS my hand this 15t" day of July, 2004 Do thy L. Cho ard, City Clerk Election Offici City of San Jac' to State of California Page A-1 Exhibit B Annexation Map Page 8 -1 Exhibit C List of Properties to be Annexed Annexation Map Assessor No. 5 Sheet Parcel Project Land OwnerlDeveloper Number Number(s) Name Sheet 2 of 3 434-080-002 Java Express Anza Village Market, Inc. 434-080-032 Dairy Queen Hemet Land Management Inc. Sheet 3 of 3 439-120-023 Wal-Mart Peter A., Steven Patti, Ann Marie Harroun 439-120-024 Page C-1 If SHEET 1 OF 3 ANNEXATION MAP NO. 5 TO CITY OF SAN JACINTO COMMUNITY FACILITIES DISTRICT NO. 2003-1 COUNTY OF RIVERSIDE STATE OF CALIFORNIA (1) Filed in the office 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—day of , 2004. Jacinto Community Facilities District No. 2003-1, County of Riverside, Slate 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 2003-995886 in the office of the County Recorder of the Dorothy L. Chouirard, San Jacinto City Clerk County of Riverside, State of California, which this Annexation Map affects. w (2) 1 hereby certify that the within map showing the proposed 'm VICINITY MAP boundaries of Annexation No. 5 to City of San Jacinto see show.2 Community Facilities District No. 2003-1, Riverside County, State of California, was approved by the City Council at a 4 regular meeting thereof, held on this day of ERcr 2004, by its Resolution No. a of �P AMUNA EX 9`V y ' W w Dorothy L. Chouirard, San Jacinto City Clerk N COTTONWOOD sr. _ c (3) Filed this—day of ,20iD4,at the hour PEAr a o of o'clock_m, in Book of Maps of �pao ?MAr sr. ¢ Assessment and Community Facilities Districts at page a and as Instrument No. SEVENTH ST. z b in the office of the County Recorder of Riverside ti See Sloe: a County, State of California. lz�Q 5P H Gary L. Orso `a N yCOMMOLAM DE AVE NW L AV Assessor-County Clerk-Recorder of Riverside County u EATON AVE, lk g LL y FRUfrVAi E AVE. x 4 Deputy x N7f7777 Fee Exempt recording requested, Prepared by David Taussig & Associates. Inc. per CA Government Code§6003 SHEET 2 OF 3 ANNEXATION MAP NO. 5 TO CITY OF SAN JACINTO COMMUNITY FACILITIES DISTRICT NO. 2003-1 COUNTY OF RIVERSIDE STATE OF CALIFORNIA i4 AA440NA EXPRESSWAY �O W LEGEND Boundcries of Annexation No. 5 to City of San Jacinto Community r^ Facilities Dstrict No. 2003-1 �L `0 434-D90-0nr Asseesor Parcel Number 434-080-032 LU Reference is hereby made to the Assessor maps of the County of ,{ Riverside for an exact description of the lines and dlmensions of each lot and parcel. C� 434-aao-002 o� Prepared by David Tausslg & Associates. Inc. SHEET 3 OF 3 ANNEXATION MAP NO. 5 TO CITY OF SAN JACINTO COMMUNITY FACILITIES DISTRICT NO. 20C3-1 COUNTY OF RIVERSIDE ESPLANADE STATE OF CALIFORNIA A VE N COMMONWEALTH AVE, Uj LU 439-120-024 Re=erence is hereby made LL to the Assessor maps of the County of Riverside 439-120-023 for an exact description L O � . ■ of the lines and dimensions of each lot and parcel. W cc NA O%t LEGEND ��C, VAftft Boundaries of Annexation No. 5 to I� IIIIIIIII� City of son Jacinto Community Facilities District No. 2003-1 Prepared by David 7cusslg & Associates, Inc. 439- 120-02n Assessor Parcel Number f f f San Jacinto Annexation No. 5 to CFD 2003-1 Map Project Guide Annexation Map No. 5 Assessor Parcel Tract Sheet Number Number(s) Number(s) Project Name Land Owner 1 Developer Sheet 2 of 3 434-080-002 Java Express Anza Village Market, Inc. 434-080-032 Dairy Queen Hemet Land Management Inc. Sheet 3 of 3 439-120-023 Walmart Peter A. Patti, Steven 439-120-024 Patti, Ann Marie Harroun 1 Joe Myer Note: This map project guide is included to help identify properties within the CFR, but this guide is not intended for County of Riverside recordation with the Annexation map it refers to.