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HomeMy WebLinkAbout1999-06-22; City Council; Resolution 99-2281 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 RESOLUTION NO 99-228 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, CERTIFYING AND ADDING PROPERTY (LOHF SUBDIVISION) TO AN EXISTING COMMUNITY FACILITIES DISTRICT WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAD, CALIFORNIA, (hereinafter referred to as the "legislative body of the local Agency"), 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. 1 (hereinafter referred to as the "District"); and WHEREAS, the legislative body has also established a procedure to allow and provide for future annexations to the original District and the area proposed to be annexed in the future was designated as COMMUNITY FACILITIES DISTRICT NO. 1, FUTURE ANNEXATION AREA (hereinafter referred to as the "Future Annexation Area"); and WHEREAS, at this time the unanimous consent of the property owner or owners of certain specific territory proposed to be annexed has been received, and said territory has been designated as ANNEXATION NO. 98/99-03 - Lohf Subdivision (hereinafter referred to as the "Annexed Area"); and WHEREAS, the map showing the specific territory to be annexed and designated as the Annexed Area as submitted is hereby approved by this legislative body. Ill Ill 0 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California as follows: RECITALS SECTION 1. The above recitals are all true and correct. ANNEXATION CERTIFICATION SECTION 2. That this legislative body does hereby determine and deciare that the territory subject to annexation, being the Annexed Area, is now added to and becomes a part of the District. ANNEXATION AREA SECTION 3. That the boundaries and parcels of territory herein annexed and on which special taxes will be levied in order to pay for the costs and expenses of authorized public facilities is described as follows: All that property annexed to the existing Community Facilities District as said territory is shown on a map as herein approved by this legislative body, said map designated by the number of the annexation and the name of the District, a copy of which is on file and shall remain open for public inspection. FINDINGS SECTION 4. That this legislative body does hereby further determine as follows: A. That the unanimous consent to the annexation as submitted by the property owners is hereby certified and approved and shall be kept on file in the office of the Election Official. B. The legislative body is hereby empowered to levy the authorized special taxes within the Annexed Area to pay for the District's public facilities. The property being annexed will be subject to all applicable special taxes upon annexation. The Annual Special Tax - Undeveloped Property will commence fiscal year 1999-00. jr e 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 C. That the Annexed Area is formally added to and becomes a part of the District. NOTICE SECTION 5. That immediately upon adoption of this Resolution, notice shall be given as follows: A. A copy of the annexation map as approved shall be immediately, and at least within fifteen (15) days of adoption of this Resolution, filed in the office of the County Recorder. B. Also within said fifteen (15) days, an amendment to the Notice of Special Tax Lien (Notice of Annexation) shall be recorded in the office of the County Recorder. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council on the 22 day of June , 1999, by the following vote, to wit: AYES:Council Members Lewis, Nygaard, Finnila, Hall & Kulchin NOES: None 3 ABSENT: None 1 47 ATTEST: AHTHA l%!MdEN&!ANZ, City Clerk (SEAL) KAREN R. KUNDTZ, Assistant City Clerk Jc