HomeMy WebLinkAboutReso 2018-236RESOLUTION NO. 2018-236
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACTING IN ITS CAPACITY AS THE
LEGISLATIVE BODY OF COMMUNITY FACILITIES
DISTRICT NO. 17-I (WESTERN CHULA VISTA DIF
FINANCING PROGRAM), CERTIFYING THE RESULTS OF A
SPECIAL ELECTION IN THAT TERRITORY DESIGNATED
AS COMMUNITY FACILITIES DISTRICT NO. 17-I
(WESTERN CHULA VISTA DIF FINANCING PROGRAM),
ANNEXATION NO. 2018-03, AND ADDING SUCH
TERRITORY TO COMMUNITY FACILITIES DISTRICT NO.
17-I (WESTERN CHULA VISTA DIF FINANCING PROGRAM)
(Annexation No. 2018-03)
WHEREAS, the City Council of the City of Chula Vista, California (the “City Council”)
has previously formed Community Facilities District No. 17-I (Western Chula Vista DIF
Financing Program) (“CFD No. 17-I”) pursuant to the Mello-Roos Community Facilities Act of
1982 (the “Act”), as amended, and the City of Chula Vista Community Facilities District
Ordinance enacted pursuant to the powers reserved by the City of Chula Vista under Sections 3,
5, and 7 of Article XI of the Constitution of the State of California (the “Ordinance”) (the Act
and the Ordinance may be referred to collectively as the “Community Facilities District Law”)
for the purpose of financing the payment of certain development impact fee obligations; and
WHEREAS, acting pursuant to the Community Facilities District Law, the City Council
also authorized by the adoption of Resolution No. 2016-051 (the “Resolution Authorizing Future
Annexation”) the annexation in the future of territory to CFD No. 17-I, such territory designated
as Future Annexation Area, Community Facilities District No. 17-I (the “Future Annexation
Area”); and
WHEREAS, the owner of that property located at 230 Church Avenue which is within
the Future Annexation Area made application pursuant to the Community Facilities District Law
to annex such territory to CFD No. 17-I and such property has been designated as Annexation
No. 2018-03 (the “Territory”); and
WHEREAS, at this time the unanimous consent to the annexation of the Territory to CFD
No. 17-I has been received from the property owner of the Territory; and
WHEREAS, less than twelve (12) registered voters have resided within the territory of
Territory for each of the ninety (90) days preceding the election date established for the
Territory, therefore, pursuant to the Act the qualified elector of the Territory shall be the
“landowner,” as such term is defined in Government Code Section 53317(f), of such Territo ry
and such landowner who is the owner of record as of the applicable election date, or the
authorized representative thereof, shall have one vote for each acre or portion of an acre of the
parcel of land that landowner owns within such Territory; and
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Resolution No. 2018-236
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WHEREAS, the time limit specified by the Act for conducting an election to submit the
levy of the special taxes on the Territory to the qualified elector thereof and the requirements for
impartial analysis and ballot arguments have been waived with the unanimous consent of the
qualified elector of the Territory; and
WHEREAS, the City Clerk of the City of Chula Vista has caused a ballot to be
distributed to the qualified elector of the Territory, has received and canvassed such ballot and
made a report to the City Council regarding the results of such canvass, a copy of which is
attached as Exhibit A hereto and incorporated herein by this reference; and
WHEREAS, at this time the measure voted upon and such measure did receive the
favorable vote of the qualified elector of the Territory, and the City Council desires to declare the
results of the election; and
WHEREAS, a map showing the Territory and designated as Annexation Map No. 2018-
03 (the “Annexation Map”), a copy of which is attached as Exhibit B hereto and incorporated
herein by this reference, has been submitted to this legislative body.
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of
Chula Vista, California, acting as the legislative body of CFD No. 17-I, as follows:
Section 1. Recitals. The above recitals are true and correct.
Section 2. Findings. This legislative body does hereby further determine as follows:
A. The unanimous consent as described in the recitals hereto to the annexation of the
Territory to CFD No. 17-I has been given by the owner of the Territory and such consent shall be
kept on file in the Office of the City Clerk of the City of Chula Vista.
B. Less than twelve (12) registered voters have resided within the Territory for each
of the ninety (90) days preceding the election date established for each of the parcels located
within the Territory, therefore, pursuant to the Act the qualified elector for the Territory shall be
the “landowner” of the Territory as such term is defined in Government Code Section 53317(f).
C. The qualified elector of the Territory has voted in favor of the levy of special
taxes on the Territory upon its annexation to CFD No. 17-I.
Section 3. Territory. The boundaries and parcels of property within the Territory and
on which special taxes will be levied in order to finance the payment of development impact fees
which will pay for public facilities are shown on the Annexation Map as submitted to and hereb y
approved by this legislative body.
Section 4. Declaration of Annexation. This legislative body does hereby determine
and declare that the Territory, and each parcel therein, is now added to and becomes a part of
CFD No. 17-I. The City Council, acting as the legislative body of CFD No. 17-I, is hereby
empowered to levy the authorized special tax within the Territory.
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Resolution No. 2018-236
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Section 5. Notice. Immediately upon adoption of this Resolution, notice shall be
given as follows:
A. 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.
B. 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.
Section 6. Effective Date. This Resolution shall become effective upon its adoption.
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Presented by Approved as to form by
Eric C. Crockett Glen R. Googins
Director of Economic Development City Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 11th day of December 2018 by the following vote:
AYES: Councilmembers: Aguilar, Diaz, McCann, and Padilla
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
ABSTAIN: Councilmembers: Casillas Salas
Mary Casillas Salas, Mayor
ATTEST:
Kerry K. Bigelow, MMC, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Kerry K. Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2018-236 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 11th day of December 2018.
Executed this 11th day of December 2018.
Kerry K. Bigelow, MMC, City Clerk
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THIRD AVCHURCH AVANNEXATION MAP NO. 2018-03COMMUNITY FACILITIES DISTRICT NO. 17-I(WESTERN CHULA VISTA DIF FINANCING PROGRAM)
PARCEL 1
SH EET 1 OF 1 SH EETS
APN: 568-071-22-00AREA = .13 ACRES
PARCEL 2
APN: 568-071-21-00AREA = .13 ACRES
LEGAL DESCRIPTION
CITY OF CHULA VISTA, COUN TY OF SAN DIEGO, CA
LEGEN D
Ind icate s Boun dary O f Prope rty To Be Anne xe d
Ind icate s Parcel Boun daries
Ind icate s Street Ce nte rline
§
0 30 60 90Feet
SC AL E: 1" = 30'FOURTH AVTHI
RD AVF S T FI
RST AVG S T
E S T
FI
FTH AVD S T SECOND AVH S THILLTOP DRC S T
VICINITY MAP
N
LEGAL DESCRIPTION
Bo undary of pro perty to b e a nnexed lies with in City of Chula VistaCommunity Facilitie s District No . 17-1 (Western Ch ula Vista D IFFinancing Program)
APN: 568-07 1-21-00, 568-07 1-22-00
__________________________________________COUNTY RECOR DERCOUNTY OF SAN DIEGOSTATE O F C ALIFORNIA
CERTIFICATES
Filed in the Office of the City Clerk of the C ity of Chula Vista, California this _______ day ___________, 20__.__________________________________________CITY CLERKCITY OF CHULA VISTASTATE O F C ALIFORNIA
I hereby certify that the within Annexation Map showing boundaries of territory annexed to Community Facilities District No. 17-I (Western Chula Vista DIF Financing Program) of the City of Chula Vista, County of San Diego, State of California, was approved by the City Council of the City of Chula Vista at a regular meeting thereof, held on the ________ day of ___________,20__, by its Resolution No. _________. This Annexation M ap amends the boundary map for City of C hula Vista Com munity Facilities District No. 17-I (Western Chula Vista D IF Financing Program), C ounty of San Diego, State of California, previously recorded on February 16, 2016 as Document No. 2016-7000074 in Book 45, Page 26 of Maps of Assessment and Community Facilities Districts in the office of the County Recorder for the County of San Diego, California.__________________________________________CITY CLERKCITY OF CHULA VISTASTATE O F C ALIFORNIA
Filed this ______ day of ___________, 20__ at the hour of _____ o'clock__.M. in Book _______ of Maps of Assessment and Comm unity Facilities Districts at page _____ in the Office of the County Recorder in the County of San Diego, California.
TH E LAND REFERRED TO HEREIN BELO W IS SITUATED IN THECITY OF CHULA VISTA, IN THE COUNTY OF SAN DIEGO , STATE OFCALIFORNIA, A ND IS DESC RIBED A S FOLLOWS:
PARCEL 1:APN : 568-071-22-00THE SOU TH ERLY 50 FEET OF THE EA STERLY 125 FEET OF THENORTHERLY 100 FEET OF TH E WESTERLY 261.72 FEE T OF FIVEACRE LOT 6 IN QU ARTER SECTIO N 137 OF CHU LA VISTA, IN THECITY OF CHULA VISTA, COUN TY O F SAN DIEGO, STATE OFCALIFORNIA. EXC EPTING THEREFRO M THE WES TE RLY 9.14 FE ETOF S AID PROPERTY AS CONVEYED TO THE C ITY OF CHULA VISTA,BY D EED REC ORDED MAY 07, 1937 IN BOOK 642, PAGE 417 OFOFFICIAL R ECORDS, ACCORD ING TO MAP NO . 505, FILED IN THEOFFICE OF THE CO UNTY RECORD ER OF SAN DIEG O CO UNTY,MARCH 13, 1888.
PARCEL 2:APN : 568-071-21-00ALL THAT PORTION OF LOT 6, QUARTER SECTION 137 OF CHULAVISTA, IN THE CITY OF CHU LA VISTA, CO UNTY OF SAN DIEGO,STATE O F C ALIFORNIA, AC CORDING TO M AP NO. 505, FILED IN THEOFFICE OF THE CO UNTY RECORD ER OF SAN DIEG O CO UNTY,MARCH 13, 1888, DESCRIBED AS FOLLOWS: COMM ENCIN G AT APOINT ON THE WESTERLY LINE OF THE LAND C ONVEYED BY F. J.NORTON, ET AL.,TO THE CITY OF CHULA VISTA, BY DEED D ATEDAPRIL 10, 1922, AND RE CORDED IN BOOK 898, PAGE 408 OF DEEDS,100.00 FEET SO UTHERLY FRO M THE NORTHERLY LINE O F SAIDLOT 6, SAID POINT OF COM MENCEM ENT BE ING ALSO A POIN T INTHE SOU TH ERLY LIN E OF THE LAND CO NVEYED BY JO SEPHINEMCGRAW TO BENJAMIN F. STEWART BY DEED D ATED AUG UST 17,1920, RECO RDED IN BO OK 824, PAG E 213 OF DEED S; TH ENCEWESTERLY ALONG THE SOUTHERLY LINE OF LAND SO CON VEYEDTO S TE WART 125.00 FEET; TH ENCE S OUTHERLY AT RIG HT ANGLES48.00 FEET, M ORE OR LESS, TO A POINT IN THE WESTE RLYEXTENSION OF THE NORTH ERLY LIN E OF LAND CONVEYED BYMELVINA M CGRAW, ET AL., TO A . W. WOODS, BY DEE D DATE DNOVEMBER 22, 1913, RECO RDED IN BOOK 632, PA GE 218 O FDEEDS; THENCE EASTERLY TO AND ALO NG THE NORTHERLY LINEOF TH E LAND SO C ONVEYED TO WOO DS, 125.00 FEET, MORE ORLESS, TO A POINT IN TH E WE STERLY LIN E OF LAND CONVEYEDTO TH E CITY O F CH ULA VISTA, ABOVE REFERRE D TO ; TH ENCENORTHERLY ALO NG S AID WESTERLY LINE, 48.00 FE ET, MO RE ORLESS, TO TH E POINT O F CO MMENC EMENT. EXCEPTINGTHEREFROM THE WESTERLY 9.24 FEET AS DESCRIBED INQUITCLAIM DEED TO THE CITY OF CHU LA VISTA, RE CORDEDMAY 07, 1937 IN BOOK 640, PAG E 454 O F O FFICIA L REC ORDS.
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