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HomeMy WebLinkAboutReso 128-23 Ordering the Annexation of Francis Ranch (Tract 8563) into the Dublin Ranch Street Lighting District 1999-1 Reso. No. 128-23, Item 5.4, Adopted 12/19/2023 Page 1 of 2 RESOLUTION NO. 128 – 23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ORDERING THE ANNEXATION OF FRANCIS RANCH (TRACT 8563) INTO THE DUBLIN RANCH STREET LIGHTING DISTRICT 1999-1 WHEREAS, at the request of the developers of Phase 1 of the Dublin Ranch development, the City formed the Dublin Ranch Street Lighting District No. 1999-1 (“the District”) in 1999; and WHEREAS, the District funds the electric energy, maintenance, and repair costs associated with the decorative street lighting within the Dublin Ranch development; and WHEREAS, when the District was created, it was intended that as additional land within Dublin Ranch and Eastern Dublin developed, it would be annexed to the District and the new territory would be subject to the assessment; and WHEREAS, accordingly, the City annexed Clifden Parc (Tract 7067) to the District in 2000, annexed Dublin Ranch Areas A and G to the District in 2001, annexed Dublin Ranch Areas B, C, F, and H to the District in 2005, annexed Fallon Village (Tract 7586) to the District in 2007, annexed Jordan Ranch (Tracts 8024, 8073, and 8074) to the District in 2011, and annexed Tassajara Hills (Tract 8102) to the District in 2017, which became subject to the assessment; and WHEREAS, in 2023, the property owner of Francis Ranch (Tract 8563) parcels has submitted a Landowner Petition & Consent to Annexation to City of Dublin Landscape Maintenance Assessment District 1999-1 (Dublin Ranch Street Light Maintenance Assessment District) (“Petition”) requesting and consenting to the annexation of the parcels described in Exhibits A and B of the Petition (“the Property”); and WHEREAS, the property owner’s petition waived the resolutions, reports, notices of public hearing, and the right of majority protest otherwise required by the Landscaping and Lighting Act of 1972 for annexation to the District; and WHEREAS, upon annexation of the Property to the District, where Property is defined and referenced in Exhibits A and B of the Petition, the Property shall no longer be subject to the Street Lighting Maintenance District No. 1983-1 assessment beginning in Fiscal Year 2024-25. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin hereby confirms the annexation of the land described in Exhibits A and B of the Petition to the Dublin Ranch Street Lighting District 1999-1. The Assessment Diagram for the District shall be amended accordingly. BE IT FURTHER RESOLVED that the territory annexed hereby, the Property, shall be subject to the assessment set forth in the Engineer’s Report prepared for the District’s Fiscal Year 2024-25 annual assessment. In no event shall the annual per-lot assessment exceed the maximum amount authorized by the Fiscal Year 2024-25 Engineer’s Report for the District. DocuSign Envelope ID: C2E76610-D2AF-4784-918A-C95CC8FD425B Reso. No. 128-23, Item 5.4, Adopted 12/19/2023 Page 2 of 2 PASSED, APPROVED AND ADOPTED this 19th day of December 2023, by the following vote: AYES: Councilmembers Hu, Josey, McCorriston, Qaadri and Mayor Hernandez NOES: ABSENT: ABSTAIN: ______________________________________ Mayor ATTEST: ____________________________________ City Clerk DocuSign Envelope ID: C2E76610-D2AF-4784-918A-C95CC8FD425B LANDOWNER PETITION & CONSENT TO ANNEXATION TO CITY OF DUBLIN LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT 99-1 (DUBLIN RANCH STREET LIGHT MAINTENANCE ASSESSMENT DISTRICT) (Pursuant to the Landscaping and Lighting Act of 1972) 1)The undersigned are the owners of the lands ("the Property") shown in Exhibit A attached hereto and made a part hereof. 2)The undersigned hereby requests and consents to the annexation of the Property to the existing Dublin Ranch Street Light Maintenance Assessment District formed pursuant to the Landscaping and Lighting Act of 1972 (Sections 22500 and following, California Streets and Highways Code) for the purpose of providing the following improvements: The maintenance, operation, repair and replacement of all public street lighting facilities within public streets and within public easements within private streets as further descr ibed in the Engineer's Report for City of Dublin Landscape Maintenance Assessment District 99-1 ("the District"). 3)The undersigned hereby understand that: a.The cost and expenses of the annual servicing, operation and/or maintenance will be charged to the land which benefits therefrom, including our land. b.An engineer's report will be prepared for the project which will contain a description of the services proposed to be financed through the levy of assessments, a cost estimate for the services to be provided, a description of each lot or parcel of property proposed to be subject to the landscaping and lighting assessment, the amount of the proposed assessment for each lot or parcel, and the basis and schedule of the assessment. c.The cost of the engineering, legal, and other incidental fees and expense will be included in the project cost to be shown in the above report. d.Each property owner will pay an annual assessment for the servicing, operation and/or maintenance of the public improvements referenced herein, the same to be set annually by the City Council by resolution or ordinance. e.The cost of the annual servicing, operation and maintenance of said public improvements, together with the incidental expenses of said proceedings, will be assessed upon the district benefited thereby, the exterior boundaries of which are described as the exterior boundaries of the composite and consolidated area of all parcels of property more particularly shown on a map attached as Exhibit B. Exhibits A & B DocuSign Envelope ID: C2E76610-D2AF-4784-918A-C95CC8FD425B 12/7/2023 DocuSign Envelope ID: C2E76610-D2AF-4784-918A-C95CC8FD425B DocuSign Envelope ID: C2E76610-D2AF-4784-918A-C95CC8FD425B EX. 40' RIGH T O F W A Y BK. 2612 OF D E E D S , P G . 3 5 2 ARROYO CAP IV-3, LLC, A DELAWARE LIMITED LIABILITY COMPANY DOC. NO. 2023111606 ALAMEDA COUNTY RECORDS LL 1"=600'19343.00T DATE JOB NO.SCALEDRAWN PLAT TO ACCOMPANY DESCRIPTION DUBLIN LLMD 99-1 ANNEXATION CALIFORNIA LEGEND BOUNDARY OF DESCRIPTION EXISTING PARCEL DOC. No.DOCUMENT NUMBER EXHIBIT "B" PAGE 2 OF 2 DEC 2023 DocuSign Envelope ID: C2E76610-D2AF-4784-918A-C95CC8FD425B