HomeMy WebLinkAboutCC Reso No 2004-69RESOLUTION NO. 2004- 69
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LAKE ELSINORE, COUNTY OF RIVERSIDE,
STATE OF CALIFORNIt1, INITIATING PROCEEDINGS AND
APPROVING THE ENGINEER'S REPORT FOR THE ANNEXATION
OF CERTAIN TERRITORY KNOWN AS THE TRACTS 30846 AND 19344-3 INTO THE
CITY OF LAKE ELSINORE LANDSCAPE AND STREET LIGHTING DISTRICT NO. 1, AS
ANNEXATION NO. 3 TO THE LAKE ELSINORE LANDSCAPE AND
STREET LIGHTING MAINTENANCE DISTRICT NO. 1, DECLARING THE
CITY'S IIVTENTION TO ORDER THE ANNEXATION AND TO LEVY
AND COLLECT ASSESSMENTS, DETERMINING THAT THESE
PROCEEDINGS SIIALL BE TAKEN PURSUANT TO THE
LANDSCAPING AND LIGHTING ACT OF 1972 AND THE
RIGHT TO VOTE ON TAXES ACT, AND OFFERING A TIME
AND PLACE FOR HEARING OBJECTIONS THERETO
WHEREAS, the City Council of the City of Lake Elsinore, pursuant to the provisions of the
Landscaping and Lighting Act of 1972 being Division 15 of the Streets and Highways Code of the
State of California (the "AcY'), desires to initiate proceedings for the annexation of certain territory
(the "Annexed Area") to the Landscape and Street Lighting District No. 1(the "DistricY'), and
declares the City's intention to order the annexation ofthe Annexed Area for the levy and collection
of annual assessment within the Annexed Area for Fiscal Year 2005/2006 for the purposes provided
therefor in the Act; and
WHEREAS, KB Home (hereinafter refened to as the "Developer") is the sole owner of that
certain real property located in the City of Lake Elsinare, County of Riverside, State of California,
more particularly described as follows:
Legal Descri tp ion:
Tracts 30846 and 19344-3, in the City of Lake Elsinore, County of Riverside, State of
California, currently known as Assessor Parcel No.'s 370-120-044, 014, 050, 052, 056, 370-
412-021 and 370-415-006 through 015.
WHEREAS, the Developer is developing the Property as a single family residential
development (hereinafter referred to as the "ProjecY'); and
WIIEREAS, the improvements to be installed, constructed, or maintained wittun the
proposed Annexed Area may include installation, construction, or maintenance of any authorized
improvements under the Act, including, but not limited to, streetlight improvements and any
faciliries which are appurtenant to any of the aforementioned or which aze necessary or convenient
for the maintenance or servicing thereof; and
Page 2
WHEREAS, Section 22608 of the Act limits the requirement for the resolutions, Engineer's
Report, notices of hearing, and right of maj ority protest under the Act to the territory included within
the annexation and waives these requirements with the written consent of all of the owners of
properry within the territory to be annexed; and
WHEREAS, Proposition 218, the Right to Vote on Ta~ces Act, does hereby require that a
notice of the proposed assessment along with a ballot shall be mailed to all owners of identified
pazcels within the Annexed Area and that the agency shall conduct a public hearing not less than 45
days after the mailing of said notice; and
WHEREAS, the Annexation consists of the development lmown as Assessor Parcel
No.'s 370-120-044, 014, 050, 052, 056, 370-412-021 and 370-415-006 through 015; and
WHEREAS, the developer has submitted a petition to the City requesting to have the
development annexed into the Landscape and Street Lighting District No. 1; and
WHEREAS, the developer, as stated in the petition, may waive all statutory notices of
hearing and rights of maj ority protest by any interested property owners within the Annexation; and
WHEREAS, the City has prepared a diagram attached as Exhibit "A," which is designated
Proposed Annexation No. 3 to the Lake Elsinore Landscape and Street Lighting Maintenance District
No. 1 and an assessment showing the proposed boundaries of the territory to be annexed into the
District, which is benefited by the construction of the improvements and the amount to be assessed
against each of the parcels within the proposed annexation to the District; and
WHEREAS, the City has ordered the preparation of an Engineer's Report in accordance with
Article 4(commencing with Section 22565) of Chapter 1 of the Streets and Highways Code giving a
description of the annexation; and
WHEREAS, the Engineer's Report, diagram, and assessments have been approved and filed
with the City Clerk and are open to public inspection and may be referred to for all details regarding
the improvements, the boundary of the proposed annexation, the assessments, total costs, and
description of the pazcels to be assessed; and
WHEREAS, this City Council has examined and considered the Engineer's Report, diagram,
assessments, and the proceedings prior thereto.
NOW, THEREFORE, BE IT RESOLVED AND ORDERED BY THE CTTY COUNCIL OF
THE CITY OF LAKE ELSINORE, STATE OF CALIFORNIA:
SECTION 1. That the above recitals aze true and correct.
Page 3
SECTION 2. The City Council hereby finds (1) that the public interest, convenience, and
necessity require the maintenance of a street lighting system; and (2) declares its intention to arder
the formation of the Annexation and to lery and collect assessments against the assessable lots
and/or parcels of land within such Annexation for that portion of the fiscal yeaz commencing July 1,
2005 and ending June 30, 2006, to pay the costs and expenses of the maintenance of improvements
described below. If the assessments proposed by this resolution are approved by the property owners
pursuant to a mailed ballot election conducted in accordance with Article XIII D of the California
Constitution, the City Council in subsequent fiscal years may thereafter impose the assessment at any
rate or amount that is less than or equal to the amount authorized for Fiscal Year 2005/2006, without
conducting another mailed ballot election.
SECTION 3. That the City Council hereby proposes to annex to Landscape and Street
Lighting District No. 1 the Annexed Area located at Tracts 30846 and 19344-3, also known as
A"ssessor Pazcel No.'s 370-120-044, 014, 050, 052, 056, 370-412-021 and 370-415-006 through 015,
and to levy annual assessments thereon to provide for the following work:
Installation, construcrion, or maintenance of any authorized improvements under the Act,
including, but not limited to, streetlight unprovements and any facilities which are appurtenant to any
of the aforementioned or which are necessary or convenient for the maintenance or servicing thereof.
The distinctive designation for the proposed Annexed Area shall be "Aiuiexation No. 3 to the
Lake Elsinore Landscape and Street Lighting Maintenance District No. 1", when referred to
separately and upon annexation will be included in the designation of Landscape and Sireet Lighting
District No. 1.
SECTION 4. That the Properiy Owner has provided the City Council of the City of Lake
Elsinore a petition fully signed and notarized, waiving all 'statutory notices of hearing and notice
periods, granting the City the right to maintain and service the improvements and gives consent to
the establishment of an assessment for the proposed annexation of the property into the District in an
amount reasonably determined by the City to cover all costs and expenses incurred for the continued
maintenance, operation, and servicing of the improvements.
SECTION 5. A Diagram for the District (Section 22570 of the Streets and Highways Code)
and an assessment (Section 22572 of the Streets and Highways Code) showing the azea to be
annexed, benefited, and assessed for the improvements has been prepared as Exhibit "A." The
diagram, assessment, and improvement plans have been filed with the City Clerk.
SECTION 6. The diagram, which indicates by a boundary line the extent of the territory
proposed to be annexed into the District, is hereby declazed to describe the proposed boundaries of
the proposed annexation to the District and shall govern for all details as to the extent and location of
said annexarion.
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SECTION 7. That the City Council is satisfied with the correctness of the diagram and
assessment, including the proceedings and all matters relating thereto.
SECTION 8. That notice is hereby given that on the 25th day of January, 2005, at the hour
of 7:00 p.m., or as soon thereafter as possible, in the City Council Chambers, in the City of Lake
Elsinore, the City will hold a public hearing to receive and tabulate all ballots with reference to the
Annexed Area pursuant to the Right to Vote On Taaces Act.
SECTION 9. The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED, AND AD
~
KASAD, CITY
STATE OF CALIFORNIA
COIINTY OF RNERSIDE ) ss.
CITY OF LAKE ELSINORE
I, the City Clerk of the City of Lake Elsinore, do hereby certify that the foregoing Resolution
was duly adopted by the City Council of the City of Lake Elsinore at a regular meeting thereof, held
on the 14th day of December, 2004 by the following vote of Council:
AYES: COLTNCII,MEMBERS: HICKMAN, KELLEY, MAGEE, SCHIFFNER, BUCKLEY
NOES: COUNCILMEMBERS: NoNE
ABSENT: COiJNCILMEMBERS: NoNE
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VICKI KASAD, CITY CLERK
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Exhibit A
Annexation No. 3 to Landscape and Street Ligthting Maiutenance District No. 1
MN: }~0-120-004 d]0-415-008
3]0-120-014 3]0-415-00]
3)0-120-050 3]0-4~5-008
3]0-120-052 3'JO-415-009
3]D-120-056 370-4I5-O10
3]O-HS-OI l
3]0-415-%2
J]0-412-421 3)0-615-U13
AO-HS-01{
]]0-415-015
pSTPoCT BOtNDAPI'
The parcel numbers above correspond to the Assessor's maps of the Assessor of the County of Riverside
for Fiscal Yeaz 2004-05.
Annexation No. 3 to the Landscape and
Street Lighting Maintenance District No. 1
Assessment Diagram
Page 1 of 1
VICINITY MAP
NO SCAIF
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