PETITION TO THE CITY COUNCIL OF THE CITY OF SAN BERNARDINO
REQUESTING ANNEXING TERRITORY INTO A COMMUNITY FACILITIES DISTRICT NO. 2019-1 OF THE CITY OF SAN BERNARDINO AND A WAIVER WITH RESPECTS
TO CERTAIN PROCEDURAL MATTERS UNDER THE MELLO-ROOS COMMUNITY FACILITIES ACT OF 1982 AND CONSENTING TO THE LEVY OF SPECIAL TAXES
THEREON TO PAY THE COSTS OF SERVICES TO BE PROVIDED BY THE
COMMUNITY FACILITIES DISTRICT
1. The undersigned requests that the City Council of the City of San Bernardino, initiate and conduct proceedings pursuant to the Mello-Roos Community Facilities Act of 1982 (the “Act”) (Government Code Section 53311 et seq. ), to annex territory into Communi ty Facilities District No. 2019-1 (Maintenance Services) (the “Community Facilities District”) of the property described below and consents to the annual levy of special taxes on such property to pay the costs of services to be provided by the community facilities district.
2. The undersigned requests that the community facilities district provide any services that are permitted under the Act including, but not limited to, all necessary service, operations, administration and maintenance required to keep the landscape lighting, street lighting, traffic signals, flood control facilities, ground cover, shrubs, plants and trees, irrigation system s, graffiti removal, sidewalks and masonry walls, fencing entry monuments, tot lot equipment and associat ed appurtenant facilities within the district in a healthy, vigorous and satisfactory working condition.
3. The undersigned hereby certifie s that as of the date indicated opposite its signature, it is the owner of all the property within the proposed boundaries of the Co mmunity Facilities District as described in Exhibit A hereto and as shown on the map Exhibit B hereto.
4. The undersigned requests that a special election be held under the Act to authorize the special taxes for the proposed community facilities district. The undersigned waives any requirement for the mailing of the ballot for the special election and expressly agrees that said election may be conducted by mailed or hand-delivered ballot to be returned as quickly as possible to the designated election official, being the office of the City Clerk and t he undersigned request that the result s of said election be canvassed and reported to the City Council at the same meeting of the City Council as the public hearing on the creation of the Community Facilities District or at the next available meeting.
5. Pursuant to Sections 53326(a) and 53327( b) of the Act, the undersigned expressly waives all applicable waiting periods for the election and waives the requirement for analysis and arguments relating to the special election, and consents to not ha ving such materials provided to the landowner in the ballot packet, and expressly waives any requirements as to the form of the ballot. The undersigned expressly waives all notice requirements re lating to hearings and special elec tions (except for published notices required by the Act), and whether such requirements are found in the California Elections Code, the California Government Code or other laws or procedures, including but not limit ed to any notice provided for by compliance with the provisions of Section 4101 of the California Elections Code. The undersigned expressly waives the word limit requirement for the ballots pursuant to Sections 13247 and 9051 of the Elections Code.
6. The undersigned hereby consents to and expr essly waives any and all claims based on any irregularity, error, mistake or departure from the provisions of th e Act or other laws of the State and any and all laws and requirements inco rporated therein, and no step or acti on in any proceeding relative to
annexing territory into Community Facilities District No. 2019-1 of the portion of the incorporated area of the City of San Bernardino or the special election therein shall be invalidated or affected by any such irregularity, error mistake or departure.
IN WITNESS WHEREOF, I hereunto set my hand this ____ day of __________, 20___.
[NAME OF LANDOWNER]
By: _____________________________________
N a m e :
Title:
O W N E R ' S P R O P E R T Y :
TRACT MAP OR PARCEL MAP NO.
o r P R O J E C T N O .
OWNER'S MAILING ADDRESS:
_______ ___________________________________
_______ ___________________________________
_______ ___________________________________
FILED IN THE OFFICE OF THE CITY CLER K OF THE CITY COUNCIL OF THE CITY OF SAN BERNARDINO THIS ____ DAY OF __________, 20___.
_____________________________________
City Clerk of the City Council of the
City of San Bernardino
January
San Bernardino, CA 92401
24 Managing Member
25 395 N E Street, Ste. 104
David Friedman
INSERT EXHIBIT A: BOUNDARY DESCRIPTION
Please refer to the below Lot Merger Packet
exhibits for the boundary description.
EXHIBIT “A” LOT MERGER NO. 2023-011 LEGAL DESCRIPTION BEFORE LOT MERGER PARCEL 1: THE NORTH 50 FEET OF THE FOLLOWING DESCRIBED PROPERTY: THAT PORTION OF LOT 4, BLOCK 39, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 7, PAGE 1, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 4; THENCE NORTH 00º 00' 00" EAST ALONG THE WEST LINE OF SAID LOT, 167.00 FEET, MORE OR LESS, TO A POINT 131.00 FEET SOUTH 00º 00' 00" EAST OF THE NORTHWEST CORNER OF SAID LOT; THENCE NORTH 90º 00' 00" EAST 100.00 FEET, MORE OR LESS, TO A POINT 48.00 FEET WEST OF THE EAST LINE OF SAID LOT 4; THENCE SOUTH 00º 00' 00" EAST TO A POINT 136.00 FEET NORTH OF THE SOUTH LINE OF SAID LOT; THENCE NORTH 90º 00' 00" WEST 2.00 FEET; THENCE SOUTH 00º 00' 00" EAST 136.00 FEET TO THE SOUTH LINE OF SAID LOT 4; THENCE NORTH 00º 00' 00" WEST, ALONG THE SOUTH LINE OF SAID LOT, TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION EAST AND SOUTH OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 4; THENCE SOUTH 00º 00' 00" EAST, ALONG THE EAST LINE OF SAID LOT 4, A DISTANCE OF 126.25 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 89º 46' 08" WEST 50.93 FEET; THENCE SOUTH 00º 13' 52" WEST 25.00 FEET; THENCE NORTH 89º 46' 08" WEST 96.67 FEET TO A POINT IN THE WEST LINE OF SAID LOT 4, SAID POINT BEING THE POINT OF TERMINUS. SAID LAND IS PURSUANT TO THE CERTIFICATE OF COMPLIANCE FOR LOT LINE ADJUSTMENT RECORDED ON DECEMBER 16, 2021 AS INSTRUMENT NO. 2021-562416, OFFICIAL RECORDS OF SAID COUNTY.
APN: 0134-054-35 PARCEL 2: THAT PORTION OF LOT 4, BLOCK 39, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 7, PAGE 1, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WEST LINE OF SAID LOT, 75.00 FEET SOUTH OF THE NORTHWEST CORNER THEREOF; THENCE SOUTH 00º 00' 00" EAST, ALONG THE WEST LINE OF SAID LOT 4, A DISTANCE OF 56.00 FEET; THENCE NORTH 90º 00' 00" EAST 100.00 FEET TO THE WEST LINE OF THE EAST 48.00 FEET OF SAID LOT 4; THENCE NORTH 00º 00' 00" EAST, ALONG THE WEST LINE OF THE EAST 48.00 FEET OF SAID LOT 4, A DISTANCE OF 56.00 FEET; THENCE NORTH 90º 00' 00" WEST 100.00 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION EAST AND SOUTH OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 4; THENCE SOUTH 00º 00' 00" EAST, ALONG THE EAST LINE OF SAID LOT 4, A DISTANCE OF 126.25 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 89º 46' 08" WEST 50.93 FEET; THENCE SOUTH 00º 13' 52" WEST 25.00 FEET; THENCE NORTH 89º 46' 08" WEST 96.97 FEET TO A POINT IN THE WEST LINE OF SAID LOT 4, SAID POINT BEING THE POINT OF TERMINUS. SAID LAND IS PURSUANT TO THE CERTIFICATE OF COMPLIANCE FOR LOT LINE ADJUSTMENT RECORDED ON DECEMBER 16, 2021 AS INSTRUMENT NO. 2021-562416, OFFICIAL RECORDS OF SAID COUNTY. APN: 0134-054-39 PARCEL 3: THAT PORTION OF LOT 4, BLOCK 39, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 7, PAGE 1, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE SOUTH LINE OF SPRUCE STREET, 50 FEET WIDE, AND THE EAST LINE OF “H” STREET, 82.5 FEET WIDE; THENCE EAST ALONG THE SOUTH LINE OF SPRUCE STREET, 100 FEET; THENCE SOUTH PARALLEL WITH THE EAST LINE OF “H” STREET, 50 FEET; THENCE WEST PARALLEL TO THE SOUTH LINE OF SPRUCE STREET, 100 FEET TO THE EAST LINE OF “H” STREET; THENCE NORTH ALONG THE EAST LINE OF “H” STREET, 50 FEET, TO THE POINT OF BEGINNING. APN: 0134-054-01 PARCEL 4: THE EAST 48.00 FEET OF LOT 4, BLOCK 39, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 7, PAGE 1 OF MAPS, RECORDS OF SAID COUNTY. EXCEPTING THEREFROM THE NORTH 25.00 FEET AND THAT PORTION LYING SOUTH OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 4; THENCE SOUTH 00º 00' 00" EAST, ALONG THE EAST LINE OF SAID LOT 4, A DISTANCE OF 126.25 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 89º 46' 08" WEST 50.93 FEET; THENCE SOUTH 00º 13' 52" WEST 25.00 FEET; THENCE NORTH 89º 46' 08" WEST 96.97 FEET TO A POINT IN THE WEST LINE OF SAID LOT 4, SAID POINT BEING THE POINT OF TERMINUS. SAID LAND IS PURSUANT TO THE CERTIFICATE OF COMPLIANCE FOR LOT LINE ADJUSTMENT RECORDED ON DECEMBER 16, 2021 AS INSTRUMENT NO. 2021-562416, OFFICIAL RECORDS OF SAID COUNTY. APN: 0134-054-37
EXHIBIT “B” LOT MERGER NO. 2023-011 LEGAL DESCRIPTION AFTER LOT MERGER LOT A: THAT PORTION OF LOT 4, BLOCK 39, PLAN OF THE CITY OF SAN BERNARDINO, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 7, PAGE 1, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS BEGINNING AT THE INTERSECTION OF THE SOUTH LINE OF SPRUCE STREET, 50.00 FEET WIDE, AND THE EASTERLY LINE OF “H” STREET, 82.50 FEET WIDE, AS SHOWN PARCEL MAP NO. 20216, AS PER MAP ON FILE IN BOOK 258 OF PARCEL MAPS, PAGES 66-67, RECORDS OF SAID COUNTY RECORDER; THENCE, ALONG SAID EASTERLY LINE, SOUTH 00°05’16 EAST 126.05 FEET TO THE NORTHERLY LINE OF PARCEL 1 OF SAID PARCEL MAP THE FOLLOWING THREE COURSES; THENCE, ALONG SAID NORTHERLY LINE, SOUTH 89°50’15” EAST 98.03 FEET; THENCE, NORTH 00°09’45” EAST 25.00 FEET; THENCE, SOUTH 89°50’15” EAST 50.93 FEET TO THE EAST LINE OF SAID LOT 4, AS SHOWN ON SAID PARCEL MAP; THENCE, ALONG SAID EASTERLY LINE, NORTH 00°04’07” WEST 101.24 FEET TO SAID SOUTH LINE OF SPRUCE STREET; THENCE, ALONG SAID SOUTH LINE, NORTH 89°54’54” WEST 149.10 FEET TO THE POINT OF BEGINNING. SUBJECT TO ALL RESERVATIONS, RESTRICTIONS, EASEMENTS, OFFERS OF DEDICATIONS, RIGHTS, RIGHTS OF WAY, AND OTHER MATTERS OF RECORD, IF ANY. SAID DESCRIPTION CONTAINS 0.403 ACRES, MORE OR LESS. SEE EXHIBIT “D” FOR PLAT DEPICTING THE ABOVE DESCRIBED AREA. BEARINGS AND DISTANCES ARE BASED ON A FIELD SURVEY PER PARCEL MAP NO. 20216, P.M.B. 258/66-67. ___________________________________________________ PETER T. GRAY, P.L.S. NO. 9735 DATE EXPIRES: 03-31-2025
LOT LINE TO BE MERGEDC/L SPRUCE STREET
NORTHERLY LINE PARCEL 1PARCEL MAP NO. 20216LOT LINETO BEMERGEDLINE TABLE:P.O.B.LOT LINE TO BE MERGEDLOT "B"LLA 2020-002INST. 2021-0199652SCALE: 1"=40' PREPARED BY:601 EAST DAILY DRIVE, SUITE 225CAMARILLO, CA 93010805-987-3945 FAX: 805-987-1655JOB NO. 2314 MAY 2023 SHEET 1 OF 1
09-11-2023LEGEND:CENTERLINEBOUNDARY OF LOT ALINE TO BE REMOVEDEXISTING LOT LINES LOT AEXHIBIT "D"LOT MERGER NO. 2023-011SKETCH
BASIS OF BEARING AND DISTANCES:BEARINGS AND DISTANCES ARE BASED ON A FIELDSURVEY PER PARCEL MAP NO. 20216, P.M.B. 258/66-67
INSERT EXHIBIT B: TRACT/PARCEL/SUBDIVISION MAP
Please see below for Exhibit B.
Description: San Bernardino,CA Parcel Map - Book.Page 258.66 Page: 1 of 2 Order: 621660022 Comment:
EXHIBIT B
Description: San Bernardino,CA Parcel Map - Book.Page 258.66 Page: 2 of 2 Order: 621660022 Comment:
EXHIBIT B