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HomeMy WebLinkAboutItem No. 14 Petition CFD No. 2015-2 Maint Svs Cottage Lane PETITION TO THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE REQUESTING ANNEXING TERRITORY INTO COMMUNITY FACILITIES DISTRICT NO. 2015-2 (MAINTENANCE SERVICES) OF PROPERTY WITHIN THE CITY OF LAKE ELSINORE AND A WAIVER WITH RESPECTS TO CERTAIN PROCEDURAL MATTERS UNDER THE MELLO-ROOS COMMUNITY FACILITIES ACT OF 1982 AND CONSENTING TO THE LEVY OF SPECIAL TAXES THEREON TO PAY THE COSTS OF SERVICES TO BE PROVIDED BY THE COMMUNITY FACILITIES DISTRICT 1. The undersigned requests that the City Council of the City of Lake Elsinore, initiate and conduct proceedings pursuant to the Mello-Roos Community Facilities Act of 1982 (the "Act") (Government Code Section 53311 et seq.), to annex territory into Community Facilities District No. 2015-2 (Maintenance Services) of the property described below and consents to the annual levy of special taxes on such property to pay the costs of services to be provided by the Community Facilities District. 2. The undersigned requests that the community facilities district provide any services that are permitted under the Act including, but not limited to, all necessary service, operations, administration and maintenance required to keep the landscape lighting, street lighting, flood control facilities, ground cover, shrubs, plants and trees, irrigation systems, graffiti removal, sidewalks and masonry walls, fencing entry monuments, tot lot equipment and associated appurtenant facilities within the district in a healthy, vigorous and satisfactory working condition. 3. The undersigned hereby certifies that as of the date indicated opposite its signature, it is the owner of all the property within the proposed boundaries of the Community Facilities District described in Exhibit A hereto and as shown on the map Exhibit B hereto. 4. The undersigned requests that a special election be held under the Act to authorize the special taxes for the proposed annexation into Community Facilities District No. 2015-2 The undersigned waives any requirement for the mailing of the ballot for the special election and expressly agrees 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 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 annexing territory into Community Facilities District No. 2015-2 or at the next available meeting. 5. Pursuant to Sections 53326(a) and 53327(b) of the Act, the undersigned expressly waives all applicable waiting periods for the election and waives the requirement for analysis and arguments relating to the special election, 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. The undersigned expressly waives all notice requirements relating to hearings and special elections (except for published notices required by the Act), and whether such requirements are found in the California Elections Code, the California Government Code or other laws or procedures, including but not limited to any notice provided for by compliance with the provisions of Section 4101 of the California Elections Code. 6. 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 annexing territory into Community Facilities District No. 2015-2 of the portion of the incorporated area of the City of Lake Elsinore 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 20 . [NAME OF LANDOWNER] Name: Title: D i -L,-% — OWNER'S PROPERTY: TRACT MAP OR PARCEL MAP N0. or PROJECT NO. OWNER'S MAILING ADDRESS: FILED IN THE OFFICE OF THE CITY CLERK OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE THIS DAY OF , 20_. City Clerk of the City Council of the City of Lake Elsinore Acknowledgment Regarding Property to be Included into Community Facilities District No. 2015-2 (Maintenance Services) The developer of Tract No. 32996 hereby acknowledges that: If the landscaping, drainage, lighting and eligible public improvements within the Community Facilities District No. 2015-2 (Maintenance Services) the maintenance areas of Assessor's Parcel Nos. 379-490- 004 thru 010; 379-491-001 thru 039, which is to be included in the Community Facilities District No. 2015- 2 (Maintenance Services) of the City of Lake Elsinore, are completed prior to the levy and collection of special taxes upon property within said tract for the maintenance of such landscape and improvements, the developer/property owner will continue to be responsible for and will maintain the landscaping, drainage, lighting, and eligible public improvements within such maintenance areas at its sole expense, and the City will not assume responsibility for the maintenance of such landscaping, drainage, lighting and eligible public improvements until such time as the City is able to collect such special taxes to pay the costs of the maintenance of such landscaping, drainage, lighting, and eligible public improvements. DATED: WI @ OWN{{`-ER(S): J ✓AWIL � (Print Name) ( Oture) (Title) (Print Name) (Signature) (Title) 27127 CALLE ARROYO, SUITE 1910 D P F G SAN JUAN CAPISTRANO, CA 92675 TEL(949) 388-9269 DEVELOPMENT PLANNING & FINANCING GROUP, INC. FAX (949) 388-9272 .X www.dpfg.com YV TRANSMITTAL: Date: 4/20/17 Via: Mail To: Jason Simpson City of Lake Elsinore 130 South Main Street Lake Elsinore From: Manju Pokharel Fax: (949) 388-9272 DPFG Tel: (949) 388-9269 Ext. 1143 27127 Calle Arroyo, Suite 1910 Email: maniu.pokharel@dpfg.com San Juan Capistrano, CA 92675 Re: Application to Annex into the Maintenance Services CFD 2015-2 Ur ent El For Review Please Comment ❑ Per Your Request Dear Jason, On behalf of LE Cottage Lane, LLC please find the enclosed deposit check in the amount of$10,000 for the annexation into the Maintenance Services CFD 2015-2 and the signed documents. Rest of the supporting document for the annexation process has been sent to Spicer Consulting Group. Please let me know if there is anything else you need from me. Thank You, Manju Pokharel ORANGE COUNTY, • PHOENIX,AZ FH IT,LLC 116709 Cit of Lake Elsinore DATE INVOICE NO DESCRIPTION INVOICE AMOUNT I DEDUCTION BALANCE 4/18/17 COTTAGELN CFD APP DORMANT CFD APP FEE 10,000.00 10,000.00 CHECK 4/19/17 CHECK 10380 TOTAL ■ 10,000.00 10,000.00 DATE NUMBER PLEASE DETACH AND RETAIN FOR YOUR RECORDS FH A LLC US Bank 9073582/1222 8300 Utica Avenue Ste 300 Rancho Cucamonga CA 91730 DATE CHECK NO. AMOUNT April 19,2017 10380 $****10,000.00 Pay TEN THOUSAND AND 00/100****.******** PAY VOID AFTER 90 DAYS TO THE ORDER OF City of:Iake:Els.inore ii"000LO380112 1: 1222358211: 15 7 506 7 206 5 3ii° Jason Simpson Assistant City Manager City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 RE: Community Facilities District No. 2015-2(Maintenance Services)Annexation Tract No.: 32996 Assessor's Parcel Number(APN): 379-490-004 thru 010; 379-491-001 thru 039 Dear Jason, We are submitting the attached Application Form and supporting materials in connection with our request to annex territory into Special Tax B contingent of Community Facilities District No. 2015-2 (Maintenance Services). Enclosed with this letter are the following documents required to initiate the annexation process: Annexation Application Development Quantities Form ■ Signed Petition I Waiver Form ■ Acknowledgement Form ■ Approved Tract Map or Parcel Map for Project Conditions of Approval for the Project Legal Description Maintenance Exhibit identifying HOA Maintained Areas • Title Report prepared within three months of the submittal date ® Check Payable to the City of Lake Elsinore We look forward to proceeding with the proposed Maintenance CFD Annexation with the City of Lake Elsinore. In the meantime, if you have any questions or need additional information, please do not hesitate to contact me at(909)354-8029. Sincerely/ames: Division President