HomeMy WebLinkAboutCFD 01; Weigand Properties Partnership; 1998-0854879; Notice of Tax LienWHEN RECORDED, RETURN TO:
CITY CLERK CITY OF CARLSBAD 1200 CARLSBAD VILLAGE DRIVE
CARLSBAD, CA 92008
OFFICIAL MCOKDS SM DIEGO COWTY RECORDER'S OFFICE GREGORY J. MITHY COUNTY RECORDER FEES: 29.00
AMENDMENT TO THE NOTICE OF SPECIAL TAX LlEN
(NOTICE OF ANNEXATION)
Pursuant to the requirements of Section 3117.5 of the Streets and Highways Code and Section
53339.8 of the Government Code, the undersigned CITY CLERK of the legislative body of the CITY OF CARLSBAD, COMMUNITY FACILITIES DISTRICT NO. 1, ANNEXATION NO. 98/991 , STATE OF CALIFORNIA, HEREBY GIVES NOTICE that a lien is hereby imposed to secure payment of a special tax which the City Council of the City of Carlsbad, County of San Diego, State of California, is authorized to annually levy for the following purpose:
1 @&I
To pay for certain public capital facilities, including the payment of principal and interest on bonds, said facilities generally described as the construction and installation or
purchase of the following:
I. Public facilities generally described as new library facility, a major addition to an existing library building, a City Hall complex, and the addition of office and warehouse facilities at the public safety center.
I+. Park improvements generally designated as theMACARIO CANYON PARK.
111. Major street improvements in portions of the following designated public streets:
FARADAY AVENUE, CANNON ROAD, LA COSTA AVENUE, OLIVENHAIN ROADIRANCHO SANTA FE ROAD &LEUCADIA BOULEVARD.
IV. Major bridge and overpass facilities generally described as the LA COSTA INTERCHANGE, POINSETTIA LANE INTERCHANGE & PALOMAR AIRPORT ROAD INTERCHANGE.
The special tax is authorized to be levied within Community Facilities District No. 1, Annexation No. 98199-1 , which has now been officially formed, and the lien of the special tax is a continuing
lien which shall secure each annual levy of the special tax and which shall continue in force and
effect until the special tax obligation is prepaid, permanently satisfied and canceled in accordance with law or until the special tax ceases to be levied and a notice of cessation of special tax is recorded in accordance with Section 53330.5 of the Government Code.
The rate and method of apportionment of the authorized special tax is as shown on the attached, referenced and incorporated Exhibit "A", and the special tax shall be collected in the same
manner as ordinary ad valorem properly taxes are collected and shall be subject to the same
penalties and the same procedure, sale and lien priority in case of delinquency as is provided
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for ad valorem taxes. Conditions under which the obligation to pay the special tax may be prepaid and permanently satisfied and the lien of the special tax canceled are as follows:
Any special tax for public capital facilities may be prepaid and satisfied by the payment of the maximum present value of the special tax obligation.
Notice is further given that upon the recording of this notice in the office of the County Recorder, the obligation to pay the special tax levy shall become a lien upon all non-exempt real property
within the District in accordance with Section 31 15.5 of the Streets and Highways Code.
The names of the owner@) of the real property included within the Community Facilities District as they appear on the last secured assessment roll as of the date of recording of this Notice and the Assessor's tax parcel(s) numbers of all parcels or any portion thereof which are included
within said territory to be annexed to this Community Facilities District are as set forth on the attached, referenced and incorporated Exhibit "B".
Reference is made to the following:
1. Notice of Special Tax lien recorded May 20, 1991, Document No. 91-236959 in the office of the County Recorder for the County of San Diego, State of California.
2. Boundary map of the original Communtty Facilities District recorded at Book 24, Page 56, Dowment No. 90-674118, Maps of Assessment and Community Facilities Districts in the office of the County Recorder for the County of San Diego, State of California.
3. Boundary map of the Future Annexation Area District recorded at Book 27, Page 21, Document No. 93-220163, Maps of Assessment and Community Facilities Districts in the office of the County Recorder for the County of San Diego, State of California.
4. Boundary map of the Annexation Area No. 98/99-1 recorded at Book 32 , Page 76 , Document NoI%?&-@.Y2689Maps of Assessment and Community Facilities Districts in the
office of the County Recorder for the County of San Diego, State of California.
For furher information concerning the current and estimated future tax liability of owners or purchasers of real property subject to this special tax lien, interested persons should contact the following designated person:
Lisa Hildabrand, Finance Director City of Carlsbad
1200 Carlsbad Village Drive Carlsbad CA 92008 Telephone: (61 9) 434-2867
Ja +&&%--- ALETHA L. RAbTENlkw City Clerk
City of Carlsbad
State of California
6898
CITY OF CARLSBAD
COMMUNITY FACILITIES DISTRICT NO. 1
EXHIBIT “A”
PROPERTY CATEGORIES AND MAXIMUM TAX
All taxable property within the boundaries of the Future Annexation Area shall be
subject to ANNUAL SPECIAL TAXES as applicable based upon the rates as
established for the original Community Facilities District No. 1 and further based upon
the property categories, maximum tax rates, increases and status of the issuance of
building permits, all as hereinafter set forth. Improvement Area I refers to all properties
within the boundaries of the City of Carlsbad Bridge and Thoroughfare District.
Improvement Area II is for all remaining properties within the Community Facilities
District, not within the Bridge and Thoroughfare District.
RESIDENTIAL PROPERTY
ANNUAL SPECIAL TAX - UNDEVELOPED PROPERTY
All taxable property prior to the issuance of a building permit shall be subject to the
following maximum annual special taxes, subject to increases as set forth herein:
MAXIMUM ANNUAL SPECIAL TAX - UNDEVELOPED PROPERTY
PER DEVELOPABLE ACRE FOR FISCAL YEAR 1990/1991
IMPROVEMENT IMPROVEMENT
PROPERTY CATEGORY AREA I AREA II
Residential Low $ 281.00
Residential Low to Medium 772.00
Residential Medium 1,294.00
Residential Medium to High 1 ,984.00
Residential High 2,793.00
$ 277.00
760.00
1,217.00
1,868.00
2,739.00
SPECIAL DEVELOPMENT TAX - ONE TIME
Upon the issuance of a building permit, all Residential properties shall be subject to the
following described SPECIAL DEVELOPMENT TAX - ONE TIME, also subject to
increases as set forth herein, as follows:
..
MAXIMUM SPECIAL DEVELOPMENT TAX - ONE TIME PER
RESIDENTIAL DWELLING UNIT FOR FISCAL YEAR 1990/1991
IMPROVEMENT IMPROVEMENT
PROPERTY CATEGORY AREA I AREA II
Residential Low $ 4,452.00
Residential Low to Medium 4,452.00
Residential Medium 2,810.00
Residential Medium to High 2,810.00
Residential High 2,810.00
$ 3,835.00
3,835.00
2,312.00
2,312.00
2,312.00
COMMERCIAL, INDUSTRIAL AND OTHER PROPERTY
ANNUAL SPECIAL TAX - UNDEVELOPED PROPERTY
All taxable Commercial and Industrial Property prior to the issuance of a building permit
shall be subject to the following maximum annual special taxes, also subject to
increases as set forth herein:
MAXIMUM ANNUAL SPECIAL TAX - UNDEVELOPED PROPERTY
PER DEVELOPABLE ACRE FOR FISCAL YEAR 1990/1991
IMPROVEMENT IMPROVEMENT
AREA I AREA II
Commercial Property $ 2,400.00 $ 1,600.00
Industrial Property 1,200.00 960.00
Ag ricu I tu ral Property -0- -0-
All Commercial and Industrial Property, upon the issuance of a building permit, shall
have the option to (1) pay the SPECIAL DEVELOPMENT TAX - ONE TIME or (2)
assume the ANNUAL SPECIAL TAX - DEVELOPED PROPERTY for a period of not to
exceed twenty-five (25) years, generally in the amounts per property category as
follows:
0900
MAXIMUM SPECIAL DEVELOPMENT TAX - ONE TIME FOR FISCAL
YEAR 1990/91 PER SQUARE FOOT OF BUILDING AREA
PROPERTY CATEGORY
COMMERCIAL USE
DES I G NAT IO N S
Restaurant - Fast Food
Outdoor Tennis Courts
Convenience Market
Bank with Drive-thru
Campground
Restaurant - Sit Down
Marina
Bank - Walk In
Auto - Gasoline
Grocery Store
S & L with Drive-thru
Bowling Center
Restaurant - Quality
Neighborhood Shopping Center
Auto Car Wash
S & L - Walk In
Race Track
Li brary
Community Shopping Center
Hospital - General
Hotel - Conv. FacKomm.
Auto - Repair & Sales
Regional Shopping Center
Discount Store
Golf Course
Church
Office - Government
Commercial Shops
Health Club
Motel
Office - High Rise
Office - Commercial, 100,000 SF
Lumber/Hardware Store
Office - Medical
Hospital - Convalescent
IMPROVEMENT
AREA I
$ 28.46
28.14
27.31
18.06
17.51
15.17
14.85
12.83
8.1 1
7.78
7.59
6.63
6.57
6.46
6.31
5.51
5.10
4.26
4.24
3.88
3.47
3.41
3.35
3.22
3.06
2.99
2.93
2.90
2.89
2.69
2.67
2.56
2.47
2.42
2.33
Indoor Sports Arena 2.33
IMPROVEMENT
AREA II
$ 7.58
7.26
6.74
5.72
4.99
4.73
4.41
4.60
2.89
2.56
3.48
2.83
3.09
2.27
2.52
3.03
2.33
2.86
1.80
3.18
2.52
1.58
1.61
I .58
2.14
1.94
1.88
1.58
1.85
2.06
1.84
1.75
1.58
2.07
2.23
2.23
PROP E RTY CATEGORY
COMMERCIAL USE IMPROVEMENT
DES I G NAT IO N S AREA I
Resort Hotel
University
Junior College
2.30
2.26
2.19
All other Commercial Properties
not identified above 2.14
INDUSTRIAL USE IMPROVEMENT
DES I G NATlO N S AREA I
He1 iports $ 10.63
Industrial-Commercial
Business Park 2.14
All other Industrial Properties
not identified above 1.74
IMPROVEMENT
AREA II
1.98
1.91
1.90
1.44
IMPROVEMENT
AREA II
$ 3.67
1.51
1.42
OR, IN THE ALTERNATE,
ANNUAL SPECIAL TAX
The “Maximum Annual Special Tax - Developed Property” for any Fiscal Year shall not
exceed 13.81 % of the authorized “Maximum Special Development Tax - One Time” for
the various Commercial and Industrial Property categories as set forth above in the
amount applicable and annually adjusted for each Fiscal Year.
ANNUAL TAX INCREASE
The above SPECIAL TAXES for the taxable properties are applicable for the fiscal year
1990/91, and are all subject to annual increases to reflect increases in construction
costs. The Construction Cost Index of the Engineering News-Record, titled “ENR Cost
Indexes in 22 Cities” will be used. The Index published for the month of April for the
City of Los Angeles under the column heading of “Percentage Change from Last Year”
will annually inflate each of the Maximum Annual Taxes for each year for properties as
follows:
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A. PROPERTIES WITHIN THE DISTRICT: Not to exceed 50% of the
above-referenced increase.
B. PROPERTIES TO BE SUBSEQUENTLY ANNEXED: Not to exceed 100%
of the above-referenced increase until annexed.
TERM OF TAX
The above taxes shall be levied until all bonds have been discharged and facilities
funded and/or guaranteed, and the SPECIAL DEVELOPMENT TAX - ONE TIME has
been paid; however, the ANNUAL SPECIAL TAX - DEVELOPED PROPERTY shall not
be levied for a period in excess of twenty-five (25) years per parcel.
Residential:
Once a building permit has been issued for Residential property and the SPECIAL
DEVELOPMENT TAX - ONE TIME has been paid, the property no longer will be
subject to any annual special tax.
Commercial and Industrial:
The Commercial and Industrial properties, upon the issuance of a building permit, have
the option to (1) pay the SPECIAL DEVELOPMENT TAX - ONE TIME or (2) assume
the ANNUAL SPECIAL TAX - DEVELOPED PROPERTY, as set forth above. Upon the
issuance of any building permit, no further increase or escalation is authorized.
ALLOCATION OF COST AND TAX
Total capital costs for all authorized facilities shall be allocated as follows: 65% to
Residential property, 35% to Commercial and Industrial property. The above costs
exclude costs of issuance as needed.
Residential propertv shall be taxed in an amount sufficient to meet the 65% share of
facilities, which tax will include costs of issuance, interest and other costs, including
sinking fund payments for future construction as applicable.
Commercial and Industrial property shall be taxed in an amount sufficient to meet the
35% share of facilities, which tax will include costs of issuance, interest and other
costs, including sinking fund payments for future construction as applicable.
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COLLECTION OF ANNUAL TAX
Residential:
Determine monies necessary to make payment on bond debt service, replenish
reserve, call bonds, pay bonds and Community Facilities District No. 1 administrative
costs, and pay for public capital facilities. FIRST: Reduce this amount by the funds
collected from Special Development Tax - One Time levied against residential
properties. SECOND: The remaining funds needed are to be collected by the levy of
the annual Special Tax - Undeveloped Property on undeveloped taxable residential
acreage, in the proportional amounts of each property category as required, not to
exceed the maximum authorized tax.
Commercial and Industrial:
Determine monies necessary to make payment on bond debt service, replenish
reserve, call bonds, pay bonds, and Community Facilities District No. 1 administrative
costs, and pay for current or future public capital facilities. FIRST: Reduce this amount
by the funds collected from Special Development Tax - One Time and annual Special
Tax - Developed Property levied against Commercial and Industrial properties.
SECOND: Levy the annual Special Tax - Undeveloped Property on undeveloped
taxable Commercial and Industrial acreage in the proportional amounts for each
property category as required, not to exceed the maximum tax.
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