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HomeMy WebLinkAbout09_025 CC ResolutionRESOLUTION NO. 09-25 ' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CONFIRMING THE AMENDED ASSESSMENTS AND DIRECTING ACTIONS WITH RESPECT THERETO - ASSESSMENT DISTRICT NO. 03- 04 (JOHN WARNER ROAD THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. This Council adopted Resolution No. 09-08, entitled "Resolution Ordering the Making of Amended Assessment Pursuant to Part 10 of Division 10 of the Streets and Highways Code and Directing Actions with Respect Thereto", in which the Council ordered NBS to prepare and file with the City Clerk the Assessment Apportionment Report (the "Report"), an Amended Assessment Diagram and Amended Assessment Roll of Assessment Number 11, which was previously recorded on the 19th day of August, 2003 in Book 53, Page 70, Document No. 2003-634380, segregating and apportioning the unpaid installments of the original Assessment in accordance with the benefits to the several parts of the original parcel. Section 2. Said Report was duly made and filed, and duly considered by this Council and found to be sufficient in every particular, whereupon it was determined that said Report should stand as the Report for all subsequent proceedings under and pursuant to the aforesaid Resolution No. 09-08. Section 3. February 24, 2009, at the hour of 7:00 o'clock p.m., in the regular meeting place of this Council, was appointed as the time and place for hearing protests in relation to the Amended Assessment Diagram and Amended Assessment Roll of the parcel of land designated as Assessment Number 11, which was previously recorded on the 19th day of August, 2003 in Book 53, Page 70, Document No. 2003-634380, segregating and apportioning the unpaid installments of the original Assessment in accordance with the benefits of the several parts of the original parcel, plus costs and fees of making such apportionments, notices of which hearing were duly and regularly published. Section 4. Said hearing was duly and regularly held, and all persons interested in the original Assessment, or in the land affected thereby or in the bonds secured thereby desiring to be heard were given an opportunity to be heard, and all matters and things pertaining to said Amended Assessment was fully heard and considered by this Council, and all protests, both written and oral, were duly heard and considered. I R:/Resos 2009/Resos 09-25 ' Section 5. All written and oral protests are hereby overruled, and this Council has thereby acquired jurisdiction to order said Amended Assessments and re-confirms said Amended Assessment Diagram and Amended Assessment Roll, referenced herein, and the costs and expenses thereof. Section 6. Said Amended Assessment Diagram and said Amended Assessment Roll, referenced herein, filed with the City Clerk pursuant to "Resolution Ordering the Making of Amended Assessments Pursuant to Part 10 of Division 10 of the Streets and Highways Code and Directing Actions with Respect Thereto" is hereby, ratified, approved, and re-confirmed. Section 7. The City Clerk of the City of Temecula shall forthwith: A. Cause an Amended Notice of Assessment, amending the Notice of Assessment which was previously recorded on the 19th day of August, 2003 in Book 53, Page 70, Document No. 2003-634382 for Assessment Number 11 , executed by the City Clerk of the City of Temecula, to be filed and recorded, in the office of the County Recorder of the County of Riverside and such Amended Notice of Assessment to be in substantially the same form as provided in Section 3114 of the Streets and Highways Code of California. B. Cause an Amended Assessment Diagram, amending the Assessment ' Diagram which was previously recorded on the 19th day of August, 2003 in Book 53, Page 70, Document No. 2003-634380 for the Assessment Number 11, executed by the City Clerk of the City of Temecula, to be filed and recorded, in the office of the County Recorder of the County of Riverside and such Amended Assessment Diagram to be in substantially the same form as provided in Section 3114 of the Streets and Highways Code of California. C. Deliver the Amended Assessment Roll to the Superintendent of Streets, together with the Amended Assessment Diagram, as approved and re-confirmed by this Council, with a certificate of such confirmation and the date thereof, executed by the City Clerk of the City of Temecula thereon. The Superintendent of Streets will record the Amended Assessment Diagram and Amended Assessment Roll in his office in a suitable book to be kept for that purpose, and appended thereto his certificate of the date of such recording, and such recordation shall be and constitute the Amended Assessment Roll herein. R:/Resos 2009/Resos 09-25 2 ' PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 24th day of February, 2009. Maryann Edwards, Mayor ATTEST: Susan W. Jones. MMC [SEAL] R:/Resos 2009/Resos 09-25 ' STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF TEMECULA I, Susan W. Jones the foregoing Resolution the City of Temecula at a following vote: AYES: 5 COUN NOES: 0 COUN ABSENT: 0 COUN ABSTAIN: 0 COUN j ss MMC, City Clerk of the City of Temecula, do hereby certify that No. 09-25 was duly and regularly adopted by the City Council of meeting thereof held on the 24th day of February, 2009, by the CIL MEMBERS: Comerchero, Naggar, Roberts, Washington, Edwards CIL MEMBERS: None CIL MEMBERS: None CIL MEMBERS: None R:/Resos 2009/Resos 09-25 4