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Home My WebLink AboutReso 93-17 Approving Annexation Map Related to Annex #1 & to Improve Area #1 RESOLUTION NO. 93 — 17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * * * APPROVING ANNEXATION MAP RELATED TO ANNEXATION NO. 1 TO COMMUNITY FACILITIES DISTRICT NO. 2015-1 AND TO IMPROVEMENT AREA NO. 1 WITHIN SAID COMMUNITY FACILITIES DISTRICT; AND AUTHORIZING AND DIRECTING RECORDING THEREOF COMMUNITY FACILITIES DISTRICT NO. 2015-1 (DUBLIN CROSSING — PUBLIC SERVICES) WHEREAS, reference is made to (a) the Resolution of Formation, Resolution No. 96-15 (the "Resolution of Formation"), adopted by this City Council (this "City Council") on June 2, 2015, approving the formation of the City of Dublin Community Facilities District No. 1 (Dublin Crossing) ("CFD No. 2015-1") pursuant to the Mello-Roos Community Facilities Act of 1982 (Sections 53311 and following, California Government Code; hereafter in this resolution, the "Mello-Roos Act"), and (b) the Boundary Map for CFD No.2015-1 (the "Boundary Map"), recorded on May 4, 2015, in Book 18 of Maps of Assessment and Community Facilities Districts, at Page 61, official records of the County Recorder of the County of Alameda (the "County Recorder"), for the identification of (1) the boundary of CFD No. 2015, (2) the territory within said boundary designated as Improvement Area No. 1 ("Improvement Area No.1") and (3) the area designated as future annexation area (the "Future Annexation Area") as provided by the Mello-Roos Act; and WHEREAS, the property described as Parcels 1 and 2 ("Parcel 1" and "Parcel 2," respectively, and collectively, the "Subject Property"), as shown on Parcel Map No. 10586 (the "Parcel Map"), recorded on December 8, 2016, in Book 334 of Parcel Maps, Pages 59-62, official records of the County Recorder, is situated within the Future Annexation Area; and WHEREAS, in accordance with the provisions of Sections 53339 through 53339.9, inclusive, of the Mello-Roos Act (the "Annexation Provisions"), pertaining to annexation of property to a community facilities district, Brookfield Fillmore LLC, a Delaware limited liability company and the owner of Parcel 1, and CalAtlantic Group, Inc., a Delaware corporation and the owner of Parcel 2, have submitted to the City Manager of the City (the "City Manager") executed forms entitled "Request and Unanimous Approval for Annexation and Landowner-Voter Ballot" (together, the "Unanimous Approval Forms"), each requesting the annexation of the parcel owned by said landowner to Improvement Area No.1 and voting in favor of authorizing the levy of the special tax on the Subject Property and the issuance of special tax bonds secured by the special tax levied on the taxable property in Improvement Area No. 1; and WHEREAS, a map entitled "Annexation Map No.1 of City of Dublin Community Facilities District No.2015-1 (Dublin Crossing), City of Dublin, Alameda County, California" ("Annexation Map No.1"), showing the boundary of the Subject Property and designating the Subject Property as an additional portion of Improvement Area No. 1 within CFD No. 2015-1, and further showing the original boundary of CFD No. 2015-1 and the remaining Future Annexation Area, has been filed with the City Clerk of the City (the "City Clerk") and a copy thereof presented at this meeting; and WHEREAS, pursuant to Section 53339.8 of the Mello-Roos Act ("Section 53339.8"), the Unanimous Approval Forms request that the City execute and record an amended notice of special tax lien pertaining to the Subject Property (the "Amended Notice") in the official records of the County Recorder; and Reso No. 93-17, Adopted 6/20/2017, Item No. 6.2 Page 1 of 3 WHEREAS, this City Council wishes by this resolution to approve and direct the recordation of Annexation Map No.1; and to direct, as soon as practicable following the recordation of Annexation Map No. 1, the preparation, execution and recordation of the Amended Notice, with provisions to cross-reference the recorded Annexation Map No. 1; NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of Dublin hereby finds, determines and resolves as follows: Section 1. The foregoing recitals are true and correct, and this City Council hereby expressly so finds and determines. Section 2. This City Council hereby approves Annexation Map No. 1 and authorizes and directs the City Clerk to cause the execution and recordation thereof in the official records of the County Recorder in accordance with the provisions of Section 3113 of the California Streets and Highways Code. Section 3. In accordance with the request set forth in the Unanimous Approval Forms, this City Council hereby directs the City Clerk, as soon as practicable following the recordation of Annexation Map No. 1, to cause the preparation, execution and recordation of the Amended Notice in the official records of the County Recorder in accordance with the provisions of Section 53339.8. Upon recordation of the Amended Notice, the Subject Property shall be subject to the levy of the special tax of Improvement Area No.1 in accordance with the rate and method of apportionment of special tax for said Improvement Area No. 1, as approved by the Resolution of Formation and attached thereto as Exhibit B thereof. (the rest of this page intentionally left blank) Reso No. 93-17, Adopted 6/20/2017, Item No. 6.2 Page 2 of 3 Section 5. This resolution shall take effect immediately upon its adoption. PASSED, APPROVED AND ADOPTED this 20th day of June 2017, by the following vote: AYES: Councilmembers Biddle, Gupta, Hernandez and Mayor Haubert NOES: ABSENT: Councilmember Goel ABSTAIN: i1/a , /— Mayor ATTEST: V,,,,4y City Clerk Reso No. 93-17, Adopted 6/20/2017, Item No. 6.2 Page 3 of 3 aLASON DRIVE sw nxrr i 6TH STREET 0 300 000 NO AREA p .300�� MAPROVEMENT ENT AWA AFEA W0.1 S APR 9B644-11(PORT M -�- p t PARCEL MM IOBAB ' PARCEL AND 2 I a � VICINITY MAP % { 98 )-1- IPO 1 1 UR T]ON FA L ♦ I 80-NW Y 0'CYIYA'AWrr rAt'MES ♦ QB1RCr YJOfpA'0 AANE.YED AREA ♦ P Y �� rUTIRE AWADrAROJ AREA C A 988--1-18 MIL 986-50-5 ARM I _— AF*965-50-1 986-51-2 ORIGPJAL BOUNDAR APL 986-5d-3 AM 986-Sd-1 - - IMPROV FA NO I DUBIN BOULEVARD W AA,S AAAEA'AROI AIAo Na!AY0AO5 RE QYMANAL 8PIM'aL1RY YAP DUSLNI BOULEVARD END RED FRa°05ED BOUNDARES Cr RE arc Cr DMN CYANUM7Y rAOUPES DYSRBCr Na 1015-1(DUWA OPQSA'1'CA OrY OF d49UN, - y MAY 01 A[ALEDA STA E CF CAL1fT7A53ES PENT AAO CO M �I FAY(,1015 N C?S A/e CE 61, CF A54SSIE Or ME WY1N WORDES OSRYCTS AT PACE 67,N,A ATE OT U COfU REIXlBAER 6 RE CCM/xh'R ALAYEOA SATE OF CAUFOYdA I rl� QEPoCS STATEMENT pV CLERKS STATEMENT CAIJIITY RECORDER'S STATEMENT ANNEXATION MAP NO. 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