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Home My WebLink About2009-089 RESOLUTION NO 2009-089 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, MAKING CERTAIN FINDINGS, CERTIFYING THE RESULTS OF AN ELECTION AND ADDING PROPERTY TO COMMUNITY FACILITIES DISTRICT NO 2005-1 (PUBLIC SERVICES), ANNEXATION NO 4 (West Front Village) WHEREAS, the City Council of the City of Atascadero (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, as amended, said Article 3 5 thereof The existing Community Facilities District being designated as Community Facilities District No 2005-1 (Public Services) (the "District"), and, WHEREAS, the City Council has also established a procedure to allow and provide for future annexations to the District, and the territory proposed to be so annexed in the future was designated as Community Facilities District No 2005-1 (Public Services), Future Annexation Area (the "Future Annexation Area"), and, �.r WHEREAS, at this time the unanimous consent to the annexation of certain territory within the Future Annexation Area to the District has been received from the property owner or owners of such territory, and such territory has been designated as Annexation No 4 ("Annexed Area No 4"), and, WHEREAS, there has not been at least twelve (12) registered voters residing within the territory of Annexed Area No 4 for each of the ninety (90) days preceding October 27, 2009, therefore, pursuant to the Act the qualified electors of Annexed Area No 4 shall be the "landowners" of Annexed Area No 4 as such term is defined in Government Code Section 53317(f), and each such landowner who is the owner of record as of October 27, 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 Annexed Area No 4, 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 Annexed Area No 4 to the qualified electors of Annexed Area No 4 and the requirements for impartial analysis and ballot arguments have been waived with the unanimous consent of the qualified electors of Annexed Area No 4, and, WHEREAS, the City Clerk of the City of Atascadero has caused ballots to be distributed to the qualified electors of Annexed Area No 4, 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 am attached as `Exhibit A" hereto and incorporated herein by this reference, and, City of Atascadero Resolution No. 2009-089 Page 2 of 9 iow WHEREAS, at this time the measure voted upon and such measure did receive unanimous approval of the qualified electors, pursuant to Government Code Section 53339 3(b), and the City Council desires to declare the results of the election, and, WHEREAS, a map showing Annexed Area No 4 and designated as Annexation No 4 (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 Atascadero as follows: SECTION 1 Recitals. The above recitals are all true and correct. SECTION 2 Findings. This City Council does hereby determine as follows 1 The unanimous consent to the annexation of Annexed Area No 4 to the District has been given by all of the owners of Annexed Area No 4 and such consent shall be kept on file in the Office of the City Clerk, and, 2 There has not been at least twelve (12) registered voters residing within the territory of Annexed Area No 4 for each of the ninety (90) days preceding am October 27, 2009 therefore, pursuant to the Act the qualified electors of Annexed Area No 4 shall be the "landowners" of such Annexed Area No 4 as such term is defined in Government Code Section 53317(f), and, 3 The qualified electors of Annexed Area No 4 have unanimously voted in favor of the levy of special taxes within Annexed Area No 4 upon its annexation to the District. SECTION 3 Annexed Area No. 4. The boundaries and parcels of territory within Annexed Area No 4 and on which special taxes will be levied in order to pay for the costs and expenses of authorized public services 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 Annexed Area No 4 is now added to and becomes a part of the District. The City Council, acting as the Governing Agency of the District, is hereby empowered to levy the authorized special tax within Annexed Area No 4 SECTION 5 Notice. Immediately upon adoption of this Resolution, notice shall be given as follows Orr City of Atascadero Resolution No. 2009-089 Page 3 of 9 rr. 1 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 2 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 On motion by Council Member Fonzi and seconded by Council Member Clay, the foregoing Resolution is hereby adopted in its entirety on this 27t' day of October, 2009, on the following roll call vote AYES Council Members Clay, Fonzi, O'Malley and Mayor Beraud NOES None ABSENT Council Member Kelley ADOPTED- October 27, 2009 CITY OF ATASCADERO am By- Ellen Beraud,Mayor ATTEST La Marcia McClure Torgerson, C.M.C., Cit Jerk APPR D AS T M. nan A. Pienk, City Attorney trr City of Atascadero Resolution No. 2009-089 Page 4 of 9 �r EXHIBIT A Certificate of Election Official and Statement of Votes Cast Nr City of Atascadero Resolution No. 2009-089 Page 5 of 9 Certificate of Election Official and Statement of Votes Cast STATE OF CALIFORNIA ) COUNTY OF SAN LUIS OBISPO) ss. CITY OF ATASCADERO ) The undersigned, Election Council of the City of Atascadero, County of San Luis Obispo, 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 ATASCADERO COMMUNITY FACILITIES DISTRICT NO 2005-1 (PUBLIC SERVICES) ANNEXATION NO 4 SPECIAL ELECTION in the City of Atascadero, held on October 27, 2009 I 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 2005-1 (Public Services) of the City of Atascadero for or against the Measure are full, true and correct VOTES CAST ON PROPOSITION A. YES 1 NO 0 VOTES CAST ON PROPOSITION B YES 1 f NO 0 WITNESS my hand this -71 day of )Ct � 2009 fi U Ia- m t a Marcia McClure Torgerson, C M CO3 City Clerk City of Atascadero City of Atascadero Resolution No. 2009-089 Page 6 of 9 ■rrr EXHIBIT B Annexation Map e.. City of Atascadero Resolution No. 2009-089 Page 7 of 9 wr Z a 6, 3 11HErill 91111 HIM T1 H,6 N � 10 F- 0 U OW 1— 1-- 0 U) --OU) Z w ZP: LU Z 1r- W � Q Z (n iw LL V CL —j s� sa�........ Q Q = O ® d zr� ri11r a Q W u - aR ax Q O O ZV 0U 79) CMI mQ o 0 W U Ir U d�y City of Atascadero Resolution No. 2009-089 Page 8 of 9 Om EXHIBIT C List of Properties to be Annexed City of Atascadero Resolution No. 2009-089 Page 9 of 9 EXHIBIT C List of Properties to be Annexed Assessor's Parcel Numbers Landowner(s) 056-131-034 WEST FRONT VILLAGE LLC A CA LLC 056-131-035 WEST FRONT VILLAGE LLC A CA LLC 056-131-036 WEST FRONT VILLAGE LLC A CA LLC 056-131-037 WEST FRONT VILLAGE LLC A CA LLC 056-131-038 WEST FRONT VILLAGE LLC A CA LLC 056-131-039 WEST FRONT VILLAGE LLC A CA LLC 056-131-040 WEST FRONT VILLAGE LLC A CA LLC 056-131-041 WEST FRONT VILLAGE LLC A CA LLC 056-131-042 WEST FRONT VILLAGE LLC A CA LLC 056-131-043 WEST FRONT VILLAGE LLC A CA LLC 056-131-044 WEST FRONT VILLAGE LLC A CA LLC 056-131-045 WEST FRONT VILLAGE LLC A CA LLC 056-131-046 WEST FRONT VILLAGE LLC A CA LLC 056-131-047 WEST FRONT VILLAGE LLC A CA LLC 056-131-048 WEST FRONT VILLAGE LLC A CA LLC 056-131-049 WEST FRONT VILLAGE LLC A CA LLC 056-131-050 WEST FRONT VILLAGE LLC A CA LLC 056-131-051 WEST FRONT VILLAGE LLC A CA LLC 056-131-052 WEST FRONT VILLAGE LLC A CA LLC 056-131-053 WEST FRONT VILLAGE LLC A CA LLC 056-131-054 WEST FRONT VILLAGE LLC A CA LLC 056-131-055 WEST FRONT VILLAGE LLC A CA LLC 056-131-056 WEST FRONT VILLAGE LLC A CA LLC 056-131-057 WEST FRONT VILLAGE LLC A CA LLC 056-131-058 WEST FRONT VILLAGE LLC A CA LLC 056-131-059 WEST FRONT VILLAGE LLC A CA LLC 056-131-060 WEST FRONT VILLAGE LLC A CA LLC 056-131-061 WEST FRONT VILLAGE LLC A CA LLC 056-131-062 WEST FRONT VILLAGE LLC A CA LLC 056-131-063 WEST FRONT VILLAGE LLC A CA LLC 056-131-064 WEST FRONT VILLAGE LLC A CA LLC 056-131-065 WEST FRONT VILLAGE LLC A CA LLC