HomeMy WebLinkAboutResolution - - 2011-167 - 7/28/2011WHEREAS, on June 30, 2011, the Council of the City of Fresno (Council) adopted its
Resolution of Intention to annex Lot 1 of Final Fred Map No. 5968 into the City of Fresno,
Community Facilfiies District No. 9 (CFO No. 9) and to authorize the levy of special taxes
(Resolution of Intention), pursuant to me City of Fresno Special Tax Financing Lary (City Law),
Chapter 8, Division 1, Molle 3, of the Fresno Municipal Code, and
WHEREAS, the Resolution of Intention, Incorporating a map of the area proposed for
annexation into CFD No. 9, and stating the services to be providedthe estimated maximum cost
of providing such services, and the rate and method of apportionment of the special tax to be
levied within Annexation No. 1 of CFD No. 9 to pay for the Services (as hereafter darned) with
respect to Annexation No. 1 of CFD No. 9, is on file with the City Clerk of the City of Fresno (City
Clerk), and the provisions thereof are Incorporated herein by this reference as R fully set forth
herein, and
WHEREAS, on this date, this Council held a noticed public headng, as required by City law
and the Resolution of Intention, concerning the annexation of territory to CFD No. 9-, and
WHEREAS, at the hearing all Interested persons desiring to be heard on the annexation of
territory to CFD No. 9, the Services t0 be provided therein and the levy or said special tax were
heard and a full fair hearing was hi and
WHEREAS, at the hearing evidence was presented to this Council on the proposed
annexation before it including a report by the Public Works Director (District Report) as t0 the
Services to be provided through CFD No 9 and the costs thereof, and a copy of the District Report
is on fila with fire Coy Clerk', and
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RESOLUTION NO. 2011 - 167
' "F
A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO
ANNEXING TERRITORY TO COMMUNITY FACILITIES DISTRICT
NO, 9 AND AUTHORIZING THE LEW OF A SPECIAL TAX
COMMUNITY FACILITIES DISTRICT NO. 9.
ANNEXATION NO. 1
WHEREAS, on June 30, 2011, the Council of the City of Fresno (Council) adopted its
Resolution of Intention to annex Lot 1 of Final Fred Map No. 5968 into the City of Fresno,
Community Facilfiies District No. 9 (CFO No. 9) and to authorize the levy of special taxes
(Resolution of Intention), pursuant to me City of Fresno Special Tax Financing Lary (City Law),
Chapter 8, Division 1, Molle 3, of the Fresno Municipal Code, and
WHEREAS, the Resolution of Intention, Incorporating a map of the area proposed for
annexation into CFD No. 9, and stating the services to be providedthe estimated maximum cost
of providing such services, and the rate and method of apportionment of the special tax to be
levied within Annexation No. 1 of CFD No. 9 to pay for the Services (as hereafter darned) with
respect to Annexation No. 1 of CFD No. 9, is on file with the City Clerk of the City of Fresno (City
Clerk), and the provisions thereof are Incorporated herein by this reference as R fully set forth
herein, and
WHEREAS, on this date, this Council held a noticed public headng, as required by City law
and the Resolution of Intention, concerning the annexation of territory to CFD No. 9-, and
WHEREAS, at the hearing all Interested persons desiring to be heard on the annexation of
territory to CFD No. 9, the Services t0 be provided therein and the levy or said special tax were
heard and a full fair hearing was hi and
WHEREAS, at the hearing evidence was presented to this Council on the proposed
annexation before it including a report by the Public Works Director (District Report) as t0 the
Services to be provided through CFD No 9 and the costs thereof, and a copy of the District Report
is on fila with fire Coy Clerk', and
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Council Resolufion G\
Annex Territory and Levy Special Tax, CFD No. 9 Annexation No. f
Page 2 of 5\�
WHEREAS, the City Clerk or design a did not receive whiten protests with Inspired to the
proposed annexation, the furnishing of specified types of Services, or the ate and method a
apportionment of the spatial taxes filed by 50 percent (50%) or more of the registered voters
residing within the territory proposed to be annexed or the owners of one-half ('A ) or more of the
area of [and within the territory proposed to he annexed and not exempt from the special lax; and
WHEREAS. the special tax proposed to be levied upon the territory proposed for
annexation, to pay for the proposed Services and Incidental Expenses to be financed therein, as
set forth in Exhibits A-2' and "B' bended. have not been eliminated by protest by flhy percent (50%)
or more of the registered voters residing within the territory proposed for annexation or the overall
of one-half (%) or more of the area of land within the proposed annexation and not exempt from the
special tax,
NOW, THEREFORE, BE IT RESOLVED, BY THE COUNCIL OF THE CITY OF FRESNO
AS FOLLOWS:
1. Recitals. The foregoing recitals are true and coned.
2. No Maiordv Protest The proposed spacial tax to be levied within the proposed
annexation has not been precluded by majorily protest pursuant to City Law.
3. Prior Proceedings The Council duly considered all poor proceedings for the
proposed annexation and the levy of the special lax therein, and finds and determines that the
proceedings are valid and conform to the requirements of City Law. This Count hereby fins and
determined that Me proposetl annexation conforms to the goals and policies that this Council
adopted respecting the formation of CFD No 9.
4. Boundaries Described. The boundaries of the proposed annexation, sed forth In the
map a the area proposed for annexation to CFD No. 9, recorded in the Fresno County Recorder s
Office In Bock 43 at page 49 of Maps a Assessment and Community Faciltlies Districts, and
approved incorporated herein by reference, and shall be the boundaries of CFO No. 9.
xA Resolutio
Annen
Annex Temlory and Levy Special Tax. LFO No. 9, Annexation No i.
Page 3ol5
5. Services The types of public services and Incidental expenses proposed to be\
financed by Annexation No. 1 of CFD No. 9 and pursuant to City Law shall consist of those items
listed as Services and Incidental Expenses on Exhibits "A-2" and "B" respectively in the United
Repod on file with the CM Clad, which are also affached hereto and by this reference
Incorporated herein.
6. SDCCIal Texas. Except to the extent that funds are otherwise available to CFO No.9
to pay for the Services, a special tax sufficient to pay Me costs thereof, secured by a continuing
lien against all nonexempt real property in CFD No. 9, will be levied annually within CFD No. 9,
and collected in the same manner as ordinary ad valorem property taxes or In any other manner as
this Council or its designee shall determine, including direct billing of the affected property owners.
The proposed rate and method of apportioning the special tax among the cereals of real property
within the territory of the proposed annexation, in sufficient detail to allow each landowner within
the monetary of the proposed annexation to estimate the probable maximum amount such owner will
have to pay, are Latchford in the District Repel on file with the City Clerk and on attached
Exhibit "C" hereto, which is by this reference incorporated heroin.
]. Tax Collecton Authority. The Public Well Dlrecter of the City of Fresno, 2600
Fresno Small Fresno, California 93721 telephone number (559) 621-8650 is Me officer who all
be responsible for preparing annually a current hall of special tax any obligations by assessor's
parcel number and estimating future special tax levies pursuant to City Law
8. Tax Lien. Upon recerdabon of a Notice of special tax lien, pursuant to Section
3114 5 of the California Streets and Highways Code, a continuing lien to secure each levy of the
spacial tax shall attach to all nonexempt real property in the proposed annexation area. This lien
shall continue In force and effect until the special tax obligation ceases and the lien canceled in
accomance with law or until collection of the tax by Me City of Fresno ceases_
9. Appropriations Limit In accordance with City Law, Me annual appropriations limit,
as defined by subdlvislon (bl of Section 8 of Article XIII B of the California Constitution, of the
Coundl Resolution,
Annex Tertlkry and Levy Special Tex, CPD No. e, Annexation No. 1 L
Page of 5
proposed annexation, is hereby preliminanly established at $500,00000 and said appropriations—
limit shall be submitted to the voters of the proposed annexation as hereafter provided The
proposition establishing said annual appropriations limit shall become effective if approved by the
qualified electors voting thereon and shall be adjusted in accordance with the applicable provisions
of City Law.
10. Election. Pursuant to the provisions of City Law, the promotion of the levy of I
special tax and the proposition of the establishment of the appropriations limit specified above shall
be submitted to the qualified electors of the proposed annexation at an election the time, place and
conditions of which election shall the as specified by a separate resolution of this Council
11. Effective Date. This Resolution shall take effect used its adoption.
Attachments
Exhibit A - Convention of Services Financed for Community Facilities District No, 9
Exhibit B - Incidental Expenses
Exhibit C- Rate and Method of Apportionment Special Tax
Coun41 Rewliflun
Annex Territory and Levy Special Tax. CFO No, B. Annexation No.1
Page 5 of 5
CLERK'S CERTIFICATION
\�
STATE OF CALIFORNIAOFF
COUNTY FRESNO )
CITY OF FRESNO FESNO )
I, REBECCA E. KLISCH, City Clerk of the City of Fresno, certify that the foragoirg
Resolution was adopted by the Council of the City of Fresno, California, at a regular nneefi g
thereof, held on the 28th day of July 2011.
AYES'. games, eorgeae, Olivier. Quintero, Weaterlund, XSong, grand
NOES, None
ABSTAIN': tone
ABSENT. tot»
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
BY.
Mark Gleason, Deputy
EXHIBIT"A"
CITY OF FRESNO , �L/
Community Facilities District No.9
Formation
Description of Services currently financed by Community Facilbles District No. 9
The services (the 'Servicers) that are to be financed by Community Facilities District No. 9 ('CFD
No. 91 are described below and are permitted by City of Fresno Special Tax Financing Law
(Chapter 8, Division 1, Article 3 of the Fresno Municipal Code) and the Mello -Roos Community
Facilities Act of 1982 (Chapter 2.5 commenting with Section 53311, of Pad 1, Division 2, Title 5 of
the California Govemment Code.)
t. Services may include all costs attributable to maintaining, servicing, cleaning, repairing
and/or replacing all landscaping facilities (including reserves), Including related concrete
paving In medians and landscaped areas in public street nghts-of-way, public gaits, and, in
instances where a remember sound wall abuts a local City street, public landscape
easements officially dedicated for public use.
General maintenance will include, without limitation, mowing, atll functional seeding,
aerating, and watering grass areas; repairing and replacing Irrigation systems as
necessary', staking, pruning, replacing and spraying of trees and shrubs, repairing and
replaang palls, walkways and tails', repairing and replacing summer r concrete paving and
removing litter, debris, and garbage.
11. Services may include all costs attributable to cleaning, maintaining, servicing, reporting
subpar replacing all local ground level street infrastructure (including reserves) within Ideal
street rights-0hsvay. Such facilities may include, without limitation, street paving, curbs and
gutters, sidewalks, street lighting, hydrants, inlets, street tees, street signage and affect
furniture.
Maintenance costs will also include a propodionale share of all star expenses that the City may
Incur in administering to CFD No. 9.
All Services shall be provided by the City of Fresrro, wit its own forces or by contract with third
parties. or any combination thereof, to de determined entirely by the City of Fresno.
Nothing In this Exhibit 6 or any other exhibit or provision of this Resolution shall be construed as
mmi9in9 the City or CFD No. 9 to provide all of the authorized Services; or to provide for the
payment of or reimbursement for all of to aatorized incidental expenses. The provision of
Services and/or payment or reimbursement of incidental expenses shall be subject to the
mecessful formation of CFD No. 9 and fine availability of sufficient proceeds of special taxes within
District.
A-1
r
EXHIBIT "A" �J
CITY OF FRESNO
Community Facilities District No. 9
Annexation No.1
Description of Services to be Financed by Community Facilities District No. 9
for Annexation No.1 (Lot 1, a portion of Tract 5968)
The services described below('Services-) to be financed by Community Facilities District No.9 ('CFD
No. 9`) for Lot 1, a portion of Final Tract Map No. 5968 are generally as to me features located on the
map affached hereto as page B-3.
The Servicesthat ere to. be financed for Lot 1, a porion of Final Tract Map No. 5968 by CFD No.9will
include all casts abdbutable to maintaining, servicing, cleaning, repairing ani replacing certain
facilldea (including reserves for replacement) within the major street rights-of-way and public trails.
Such facilities induce, wcM1out limitation, landscape and irrigation systems within me Vail, trail and
median hardscaping, street Vaes and street lights.
Maintenance costs will also include a proportionate share of all other expenses that the City may incur
in administering the CFD No. 9.
All Services shall be provided by the Cdy of Fresno, with its own forces or by contract with third
partes, or any combination thereof, to be determined entirely by the City of Fresno.
Nothing in this Exhibit B or any other exhibit or provision of this Resdutlon shall be construed as
committing me City or CFD No. 9 to provide all of the authohxed Services or to provide for the
payment of or reimbursement for all of the compound! incidental expenses. The provision of Services
and/or payment or reimbursement of incidental expenses shall bl subject to the successful formation
of CFD No. 9 and the availability of sufficient proceeds of special taxes within the District.
Nolw@hstanding any other provision herein, this Exhibit A-2 does not include Services
beyond the scope of services that are to be financed by Community Facilities District No.
9, as provided in Exhibit A to Resolution 200&351, adopted by the Council of the City of
Fresno December 16, 2008.
A-2
EXHIBIT A
IN
DT OF
FRESW
PUBLIC WORKS DEPARTMENT
TRAWC AND E NEERRIG SERVICES DMSIDN
z
Z
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A
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,YOF
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z
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EAST KINGS CANYON ROAD
FEATURES TO BE ADDED BY ANNEXATION
NO. 1
COMMUNITY FACILITIES DISTRICT NO.
9
x
STREET LIGHTS TRAIL HARDSCAPE
OSTREET
TREES TRAIL AND MEDAN
LANDSCAPE
- MEDIAN HARDSCAPE
A-3
EXHIBIT "B"
CITY OF FRESNO
Community Facilities District No.9
INCIDENTAL EXPENSES
It is anticipated that the following categories of incidental expenses may be incurred in the
proposed legal proceedings tar Annexation No. 1 into CFD No. 9, and implementation of the
authorized Services from gree to time, and will be payable directly from the proceeds of the
special tax. Certain of these expenses are expected to be recurring and may be included in
each annual special tax levy.
Engineering, architectural, environmental and related miscellaneous consulting
services;
Survey, staking and contract administration services;
Permits, plan check fees, entitlement processing fees and expenses,
Special tax consultant services;
City staff review, oversight and administrative services;
Specul tax administrator services;
Publishing, mailing and posting of notices',
Recording fees;
Other necessary consultant services incidental to fine administration of the District;
Posting, collecting and enforcing payment of the special taxes including bun not
limited to foreclosure afforneys' services;
Personnel and administrative services provided by City personnel.
The foregoing enumeration shall not be regarded as exclusive and shall be deemed to
include any other incidental expenses of a like nature which may be incurred from time to
time with respect to Annexation No. i and the Services.
79
EXHIBIT C
CITY OF FRESNO
Community Facilities District No. 9
Annexation No. t
Rate and MetboC of Apportlonment of Special Tax
Cost Estimate
The estimate breaks down me costs of providing i years service for FY 2011-2012
ITEM
DESCRIPTION
ESTIMATED COST
1
Landscape Maintenance
$1,920.58
2
Feature Maintenance
$39284
3
Reserve for Replacement
$ 91854
4
Incitlental Expenses
SUBDIVIDER
5968
a. Engineering
$262.21
$500,000,00
b_ Legal Services
$ 31.36
Total $3,543.33
Subdivision Appropriation Limit
Final
Tract
Tax per
TAXABLE
APPROPRIATON.
Map No.x.
Square Foot
SO FT,
LIMIT
SUBDIVIDER
5968
$00531975
66,608
$500,000,00
Fancher Creek Properties,
LC
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EXHIBIT C
1
City of Fresno
Community Facilities District No. 9
Annexation No.1
Rare and Method of Apportionment of Special Tax
A special lax applicable to each Assessors Parcel In Community Facilities Dislntl No. 9 (CFO No. 9)
shall be levied and collected according to the tax liability determinant by the City Council of the City of
Fresno (Council). through the applicatlon of the appropriate amount or rate for taxable property, as
described below. All of the property In CFD No. 9, unless exempted by law or by the provisions of
Section F below, shall be taxed for the purposes, to the extent, and in the manner herein provided.
including property subsequently annexed to CFO No 9 unless a separate Rate and Method of
Apportionment of Special Tax is adopted for the annexation area.
A. DEFINITIONS
The terms hereinafter set forth have the follovang meanings:
"Assessor's Parcel" or 'Parcel" means a Im or parcel shown on an assessors parcel map with an
assigned assessors parcel number.
"Assessor's Parcel Map" means an official map of the County Assessor of the County of Fresno
designating parcels by assessors parcel number.
"City" means the City of Fresno.
"City Law" means the City of Fresno Special Tax Financing Law, Chapter 8, Division 1, Article 3, of the
Fresno Muniapal Code.
"Commerclaglndustrlal Subdivisions" means subdivistons zoned for commercial or industrial uses.
"Council" means the City Council of the City of Fresno, acting as the legislative busy of CFO No. 9
"Developable Lot" means, within any final map approved in the CFD No. 9, a lot that Is a ticpated to
develop for residential or non-residemial uses, and which Is not an outict remainder parcel or other
parcel which is not intended to he developed or which must be further subdivided before being
developed.
"Excluded Parcels" means those assessors parents identified as ineligible for inclusion in me CFD No.
9 as shown In'Attachment P of this Rate and Method of Apportionment of Special Tax.
'Final Map" means a final map, or potion thereof, approved by the Council pursuant to the Subdivision
Map Act (California Government Code Section 88410 at a".) that creates individual developable lots for
which building permhs may be issued The is= 'Final Map" shall not include any assessors parcel
map or subdivision map or porton thereof which does nM create indivlduei developable lots for which a
building permit may be osued. including assessors raiders that are designated as remainder parcels.
C-2
EXHIBIT C
"Fiscal Year" means the period shading Apnl 1 and ending on the following March 31.
"Incidental Expenses" means the expenses incurred in the proposed legal proceedings for formation
of or annexation into CFO No. 9 and implementation of the auMerized services from time to Uma, and
will be payable directly from the proceeds of the special tax, includable in each annual special tax levy.
"Maximum Spacial Tax" means the maximum special tax, detemlined in accordance with Section C,
which can be levied in any fiscal year.
"Public Property" means any property within the boundaries of the CFO No. 9 that is owned by the
federal government Slate of California or other local governments or public agencies.
"Reserve fpr Replacement" means a reasonable reserve pursuant to Fresno Municipal Cape 8-1-
303(e) (4), as a service cost or expense and not as payment for public facilities under Government Code
Section 63321(d),
"Shared Services" means the costs of services are sold equally by the property owners of two or more
subdivisions.
"Special Tax" means any special tax to be levied each fiscal year on assessors parcels of taxable
property to fund the special tax requirement as defined below.
'Special Tax Requiremeri means the amount necessary in any fiscal year to (i) pay authorized
maintenance and Improvement expenses, (it) pay administrative expenses of CFO No. 9, and (Iii) cure
any delinquencies in the payment d special taxes levied in prior fiscal years or (based on delinquencies
in the payment of special taxes which have already taken place) are expodo l to occur in the fiscal year
in which the tax will be collected.
"Subdivision" means generally Improved or unimproved land that is divided for Res purpose of sale,
lease, orfinani in a final map, or portion thereof, approved by the Council pursuant to the Subdivision
Map Ad (Caldomia Government Code Section 66,110 at seq.) that creates individual developable lots for
which building permits may be issued. This includes final had maps, final parcel maps, and also
includes any development or protect created by a document that periods construl of commercial,
industrial or mull -family improvements by but not limited to final tract maps, final parcel maps,
conditional use permits and site plans.
"Taxable Property" means all of the assessors parcels within the boundaries of CFO No. 9which are
net exempt from the special tax pursuant to law or Section E below.
"Tract" means an area of land within a subdivision identified by a particular trad number on a final map
approved for the subdivision.
S. CALCULATION OF SQUARE FOOTAGE(COMMERCIALANDUSTRIAL SUBDIVISIONS)
On April 1 of each fiscal year, the City of Fresno or its designed shall determine how many square feet
of taxable area are on assessor's parcels within each commerciallindushial subdivision of the CFO.
C-3
EXHIBIT l' j
For commercial and usual subdivisions, the area to be taxed is the total area worth me subdivision
not designated as street rlgrdo -way.
C. MAXIMUM SPECIAL TAX
The Maximum Special Tax (MST) applicable to each assessors parcel in CFD No. 9 shall be specific to
each subdivision/portion thereof within the CFD No, 9. When additional property is annexed into CFD
No. 9, the Rate and Method of Apportionment of Special Tax adopted for the annexed property shall
reflect the MST for the subdivision arsubdivisions or respective portion thereof then annexed.
The MST applicable to each assessor's parcel in CFD No. 9 shall be the rate that is created at the time
of distract annexation expressly for the individual subdivisions/portions thereof going into the CFD No. 9
at that time. Beginning In January 2012, the MST shall be adjusted upward annually by 3% plus the
now, If any, in the Construction Cost Index (CCI) for the San Francisco Region for the prior 12 -month
period (December through December) as published in the Engineering Nesys Record or published in a
comparable index if the Engineer no News Record is discontinued or otherwise not available- Each
annual adjustment of the MST shall become effective on the subsequent July 1.
Subject to the maximum limit set by the MST, the special tax for commercial and Industrial subdivision
parcels Is calculated by spreading the special lax requirement to the total taxable square footage of the
subdivision, apportioned back to the individual parcel(s)
Table 1
Maximum Spacial Tax
(Fiscal Year 2011-21
CbmmereiaUlndushlal Tnef Number^ Maximum Spandrel Tax per Sq.R
Lot 1 $ 0053196]5
a opinion of Final Thai Map No. 5968
A Maxum Special Tax shall be levied on all parcels within Me ban
except eimxcludetl parcels as Identified in AtlaMled baQchment 1.
The estimated Maximum Special Tax for Lot t within Final Tract Map No. 5968 for Fiscal Year
2011-2012 is,
Tran 5968
5 uare Fool 9D FT
Maximums etial0531 FT
ASSIGNED TAX
Lot 1
Wood
$ p.05319fi]5
1 -$ 3,543.33
To1ah=
6fi,fi08
Annual Taal
5
^Lot area supplied by applicant's Ergineer
i
EXHIBIT C
D. METHOD OF LEW AND COLLECTION OF THE SPECIAL TAX
Commencing with Fiscal Year 2011-2012, the Special Tax shall be levied on all parcels of taxable
property as follows:
Step L Determine the Special Tax Requirement (as defined In Section A above) for the
Fiscal Year in which the Special Tax will be collected:
Step 2. Calculate the total Special Tax revenues that could be collected from Taxable
Property within the CFD based on applying me Maximum Special Tax rales
determined pursuant to Section D above to each Parcel of Taxable Property in the
CFO:
If the amount determined! in Step 1 is greater than or equal to the amount calculated
in Step 2, levy he Maximum Special Tax set font in Table 1 above on all Parcels of
Taxable Property in the CFD;
If the amount determined in Step 1 is less than me amount calculated in Step 2, levy
the Special Tax proportionately against all parcels of Taxable Property up to 1M% of
the Maximum special Tax for each Tract as Identified In Table 1, until the amount of
the Spacial Tax levy equals the Special Tax Requirement for that Fiscal Year.
The Special Tax for CFD No. 9 shall be collected in the same manner and at the same time as ordinary
act valorem property taxes, provided, however. that CFD No. 9 may (under the authority of Government
Code 53340), in any particular case, bill the taxes directly to the property owner off the County lax roll,
and the Special Taxes will be equally subject to penaigea and foreclosure d deliinquent.
E. EXEMPTIONS
Notwithstanding any other provision of this Rale and Method of Apportionment Of Special Tax, no
Special Tax shall be levied on parcels that have bass conveyed to a public agency, except as otherwise
provided in City Law. In addgion, no Spei Tax shall be levied on Excluded Parcels or Parcels that are
determined not to be developable lots.
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EXHIBIT C y �;
ATTACHMENT "P' \
City of Fresno
Community Facilities Distinct No. 9
Annexation i
Excluded Parcels within Tract
OUTLOT A AND IS ARE EXCLUDED
PARCELS WITHININ FINAL TRACT MAP NO. 5968
Cfi