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Home My WebLink AboutResolution - 3228 STATE OF CALIFORNIA ) RESOLUTION NO. 3228 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 CFD 2003-1, ANNEXATION 52 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. 52 (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 January 8, 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 January 8, 2009, 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 Page 1 of 3 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. 52 (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 January 8, 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). 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: 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. Page 2 of 3 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 8th day of January, 2009, by the following vote: Ayes: Ayres, Di Memmo, Mansperger, Potts, Stubblefield Nays: None Absent: None Abstain: None r City of San Jacinto 40 ,i1 •ham� .� +E�/f.' 4 =; By Dale Stubble Id, Mayor : 0 R • � J ATTEST: Do othy L. Ch inard, City Clerk APPROVED AS TO FORM: Best, Best & Krieger, LLP. eff ey . Balling City 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. 52 in the City, held on January 8, 2009. 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 21: YES 1 NO 0 WITNESS my hand this 9th day of January, 2009 Dor by L. Chou' rd, City Clerk 14 Page A-1 �3 SHEET 1 OF 2 ANNEXATION MAP NO. 52 TO CITY OF SAN JACINTO CO MUNITY 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 this 3o s's'day of l�cembe✓ 2008 . 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. %DhLj Dorothy L Chouinard,San Jacinto City Clerk (2) 1 hereby certify that the within map stowing the proposed boundaries of Annexation No.52 to City of San Jacinto Community Facilities District No.2003-1,Riverside County, State of Califomia,was approved by the City Council at a regular meeting thereof,held on this_5ti day of , 200q ,by its Resolution No. 3228 SA N�i4 Dor y L. O ouinard,San Jacinto City Clerk *�* (3) Filed this�day of ,2009 at the hour of_,o'clock gin, in Book 93 of Maps o Assessment and Community Facilities Districts at page 51-52_ and as Instrument No.?wf_QA tA%t7 in the office of the County Recorder of Riverside County,State of California. Larry W.Ward Assessor-County Clerk-Recorder of Riverside County By epu Fee Exempt recording requested,per CA Government Code§6103 Prepared by David Taussig do Associates. lac. '73 K SHEET 2 OF 2 ANNEXATION MAP NO. 52 TO CITY OF SAN JACINTO COMMUNITY FACILITIES DISTRICT NO. 2003-1 COUNTY OF RIVERSIDE STATE OF CALIFORNIA 9L �9 R Coale LAS �" 4 ELEVENTH STREET 0 VISTA i/ONTANA LEGEND Boundaries of Annexation No. 52 N 435 190 052 ■■■ to City of San Jacinto Community W Facilities District No. 2003-1 Y Assessor Parcel Line W 435-190-05n Assessor Parcel Number m W Reference is hereby made to the Assessor maps of the County of Riverside 435 190 053 for a description of the lines and 5 dimensions of each lot and parcel. N ESPLANADE AVENUE Q In R W 0. Prepared b David Toussi do Associates, Inc. �� San Jacinto Annexation No. 52 to CFD 2003-1 Map Pro"ect Guide Boundary Map Annexation No. 62 Assessor Parcel Tract Project Sheet Number Number(s) Number Name Land Owner! Developer 2 435- 190-052 35166 DBN Parkside, LLC / 435- 190- 053 DBN Parkside, LLC 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 435-190-052 DBN Parkside, LLC 435-190-053 DBN Parkside, LLC Page C-1