HomeMy WebLinkAboutConsent and Waiver Annexation Area No.4 (La Laguna - Tract 32337)TO: CITY COUNCIL OF THE CITY OF LAKE ELSINORE
FROM: LANDOWNERS WITHIN CITY OF LAKE ELSINORE COMMUNITY
FACILITIES DISTRICT NO. 2006 -5 (PARKS, OPEN SPACE AND
STORM DRAIN MAINTENANCE), ANNEXATION AREA NO. 4 (LA
LAGUNA — TRACT 32337)
CONSENT AND WAIVER
The undersigned landowner does hereby certify under penalty of perjury
that the following statements are all true and correct:
1. The undersigned are authorized to represent the landowner
identified below and are its designated representatives to give the consent and waiver
contained herein with respect to Annexation Area No. 4 (La laguna Tract 32337)
( "Annexation Area No. 4 ") to the City of Lake Elsinore Community Facilities District No.
2006 -5 (Parks, Open Space and Storm Drain Maintenance) (the "District ") to be
annexed to the District under the provisions of the "Mello -Roos Community Facilities Act
of 1982" (the "Act "), being Chapter 2.5 of Part 1 of Division 2 of title 5 (commencing with
Section 53311) of the California Government Code.
2. The undersigned hereby certify that as of the date indicated
opposite their signatures, the landowner listed herein is the owner of the property within
the proposed boundaries of Annexation Area No. 4 described in Exhibit "A" hereto (the
"Property ").
3. In accordance with the provisions of the Act, and specifically
Sections 53326(a) and 53327(b) thereof allowing certain time and conduct requirements
relative to a special landowner election to be waived with the unanimous consent of all
the landowners to be included in a community facilities district and concurrence of the
election official conducting the election, the undersigned (i) expressly consents to the
conduct of the special election at the earliest possible time following the adoption by the
City Council of a resolution of intention to annex the Annexation Area No. 4 to the
District and (ii) expressly waives any requirement to have the special election conducted
within the time periods specified in Section 53326 of the Act or in the California
Elections Code.
4. The undersigned waives any requirement for the mailing of the ballot
for the special election and expressly agree that said election may be conducted by
mailed or hand - delivered ballot to be returned as quickly as possible to the designated
election official, being the office of the City Clerk of the City Council and the undersigned
request that the results of said election be canvassed and reported to the City Council at
the same meeting of the City Council as the public hearing on the annexation of the
Annexation Area No. 4 to the District or the next available meeting.
Page 1 of 3
5. The undersigned expressly waives all applicable waiting periods for
the election and waives the requirement for analysis and arguments relating to the special
election, as set forth in Section 53327 of the Act, and consents to not having such
materials provided to the landowner in the ballot packet, and expressly waives any
requirements as to the form of the ballot.
6. The undersigned expressly waives all notice requirements relating
to hearings and special elections, whether by posting, publishing or mailing, and
whether such requirements are found in the California Elections Code, the California
Government Code or other laws or procedures, including but limited to any notice
provided for by compliance with the provisions of Section 4101 of the California
Elections Code.
7. The undersigned hereby consents to and expressly waives any and
all claims based on any irregularity, error, mistake or departure from the provisions of
the Act or other laws of the State and any and all laws and requirements incorporated
therein, and no step or action in any proceeding relative to the District or the special
election therein shall be invalidated or affected by any such irregularity, error, mistake or
departure.
IN WITNESS WHEREOF, I hereunto set my hand this __ day of
2012.
By:
Name: orix D�vis'�o� Pres�clQw�
8y , #C FFov►aQ.r,p,w Cow.�Kets � C'a,l:�on• lay �Ke. �
By:
Name:
FILED IN THE OFFICE OF THE CITY CLERK OF THE CITY COUNCIL
OF THE CITY OF LAKE ELSINORE THIS �' DAY OF , 2012.
City Cle
Page 2 of 3
EXHIBIT A
PROPOSED BOUNDARIES OF THE ANNEXATION AREA NO. 4
(LA LAGUNA — TRACT 32337)
Page 3 of 3
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