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Home My WebLink About1993-12-21; City Council; 12517; COMMUNITY FACILITIES DISTRICT NO. 1 ANNEXATION NO. 1 - CARLSBAD TRACT NO. CT 92-07, CARLSBAD RANCH (ZONE 13)TITLE: COMMUNITY FAcXLXIlES DISTRICT NO. 1 ANNEXATION NO. 1 - CARLSBAD TRACT DEPT. FTN NO. CX 92-07, CARLSBAD RANCH (ZONE 13) DEF CIT CIT a w 6 $22 EL a-4 Z 0 6 a d o z 3 o 0 RECOMMENDED ACTION: Adopt Resolution No. "i3-3111 certifying and adding property to an existing Commun Facilities District. lTEM EXPLANATION: Backmound The City of Carlsbad and property owners of vacant land in Carlsbad worked together form the City of Carlsbad Community Facilities District (CFD) NO, 1 to provide funding a variety of infrastructure projects which will be necessary to meet the requirements of 1 Growth Management Program. In 1991, Council formed CFD No. 1 following an elect by property owners for a special tax to be levied upon their property to fund construct or acquisition of the capital projects. The Carlsbad philosophy is that CFD financing should be used to finance facilities that City-wide in obligation and benefit. A CFD is not intended to relieve any property ow of the responsibility to provide funding for infrastructure improvements related to t development. No homeowner in Carlsbad is affected by a City CFD because our guideli ensure that the obligation on a residential unit is paid in full when the building permi issued. No homeowner will pay City-imposed Mello-Roos taxes. Many Local Facilities Management Zones were not included in CFD No 1. Annexat proceedings were anticipated to occur as each zone progressed through the developm process. With the exception of the more developed areas, each zone plan requires eit annexation to the CFD or developer funding of all required facilities. In April 1993, Council authorized future annexation of the remaining undeveloped land i CFD No. 1. This action permits developers to use the simplified annexation procedure i allows development to proceed without additional public hearings or special elections. - simplified annexation procedure lets property owners administratively petition to annex i CFD No. 1. Upon Council approval, property will be annexed into CFD No. 1, thus fulfill their obligation for certain public facilities. Annexation No. 1 - Carlsbad Ranch (Zone 13) Carlsbad Ranch is required by the Zone 13 Local Facilities Management Plan to annex j CFD No. 1. Annexation into the CFD is a condition of find map recordation. Car Company, the developer of Carlsbad Ranch, has completed the required Consent Election to Annex Property into CFD No. 1 (Exhibit 1) and accepted the boundary I showing the proposed area to be annexed (Exhibit 2). Council may formally authorize the annexation by certifying and adding the property j the original Community Facilities District. After Council authorization, a Notice Annexation (Exhibit 3) will be filed with the County Recorder as a lien against the prope L @ 0 T I' . PAGE TWO OF AGENDA BILL NO. \ 2 ! 5) 7 HSCAL IMPACE When CFD No, 1 was established, it was anticipated that all vacant, undeveloped underdeveloped land would annex as it developed, thus providing the necessary cash f to finance the construction of certain public facilities. Carlsbad Ranch is the first prop to request annexation into CFD No. 1 in order to fulfill its growth management obligat Through the use of the simplified annexation procedure, both the City and the Car Company were able to avoid election costs and additional time delays. A fee of $48( cover annexation processing, map preparation, and filing costs is currently being char: Carlsbad Ranch property will be subject to CFD No. 1 special taxes beginning in fiscal I 1994-95. The rates for property annexed in fiscal year 1993-94 are shown in Exhibi Since Carlsbad Ranch is developing as commerciaVindustria1 property, the maximum am tax will be about $2,600 per developable acre; the special tax will continue as long as estimated to generate $300,000 annually. Upon development, the owner will have the option of immediately paying off the ( development tax or paying over a twenty-five year period. Depending on the final land approved by Council, total one-time development taxes on the Carlsbad Ranch propeq estimated at $8 to $10 million. property remains undeveloped. At current tax rates, the Carlsbad Ranch special taxes EXHIBITS: 1. Consent and Election to Annex Real Property to an Existing Community Facil District. 2. Boundary Map of the area to be annexed. 3. Notice of Annexation. 4. Resolution No. 93 -34/, certifying and adding property to an existing CFD. 5. Community Facilities District No. 1 1993-94 tax rates. I t r 0 0 7 CONSENT AND ELECTION TO ANNEX REAL PROPERTY TO AN EXlSTING COMMUNiTY FACILITIES DISTRICT CITY OF CARLSBAD COMMUNITY FACILITIES DISTRICT NO. 1 TO: LEGISLATIVE BODY COMMUNITY FACILITIES DISTRICT NO. 1 The undersigned is the owner, or duly authorized representative of said owner, of property as shown on the attached map ( the "Owner"), and is the appropriate per with legal authorization to sign this consent, vote and election to annex property to District. The Owner is aware of and understands the following: A. 1. 2. The City of Carlsbad has conducted proceedings pursuant to the "Mello-R Community Facilities Act of 1982" (Government Code 15331 3 and follow (the "Act") to form a Community facilities district known and designate( COMMUNITY FACILITIES DiSTRlCT NO. 1 (the "District") for purposes of construction, installation and financing of major public capital facilities to sf and benefit properties within the boundaries of the District. e. Proceedings Rave also been authorized to allow annexation of property in future to said District; however, any future annexation is conditioned upon unanimous consent of the owner or owners of each parcel or parcels at time of the proposed annexation. That the Owner is the owner of property subject to annexation as said arc shown on a map attached hereto, referenced and incorporated, marked designated as the ANNEXED AREA. C. THE UNDERSIGNED DOES HEREBY CERTIFY UNDER PENALTY OF PERJURY AS FOLLO 3. The Owner does consent to and approve the annexation of the Annexed Area tc District without any additional further public hearings and without any further elec requirements. The Owner further waives the right to protest, object to or initiate I proceedings challenging the validity of the following: L Proceedings for the formation of: the Distrkt Proceedings to annex property in the future Specific annexation proceedings for the Annexed Area - - Page 1 1 0 0 I 1 4. The Owner specifically authorizes the levy of the previously approved special tax( all properties within the boundaries of the Annexed Area to pay for the autho Community Facilities District, public caDital facilities and/or to assist in the Dayment far banded indebtedness 0 EXECUTED t I19 , in , Califc B 3 per - (Type or print name or signor) Notary Area; (Signature) Notary Area: (Type or print name or signor) t (If additional signature are required, please attach additionaf pages.) b Page 2 r, TO State of CALIFORNIA SAN DIEGO On 12-13-93 beforeme, Joyce E. Mizock, Notary Public , DATE NAME, TITLE OF OFFICER - E G , "JANE DOE, NOTARY PUBLIC" Christopher C. Calkins 7 NAME(S) OF SIGNER(S) personally appeared 2 xQ personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) idare subscribed to the within instrument and ac- knowledged to me that he/she/they executed !J{ P4 L CAPACITY CLAIMEU Though statute does not req fill in the data below, doir invaluable to persons relying 0 CORPORATE OFF1 OlNDlVlDUAL TITLE($ PARTNER(S) I 0 ATToRNEY-'N-FA' [7 TRUSTEE(S) I r i 0 e ,1 CERTIFICATION OF PROJECT MANAGER The undersigned is the duly appointed and acting PROJECT MANAGER for the proceed relating to the annexation of property to the District. That on the /3cc- day of && , 1943, I did review the signatures as conta on the CONSENT AND ELECTION TO ANNEX REAL PROPERTY TO AN EXIS1 COMMUNITY FACILITIES DISTRICT, and hereby certify and state as follows: 1. That I caused said Consent and Election to be examined, and my examination revt that said Consent and Election had been signed by all qualified electors of the pro1 proposed to be annexed to the District or their duly authorized representatives, that said persons were the authorized persons to sign on behalf of the owners o property within the boundaries of the territory proposed to be annexed to the Dis That said Consent and Election did contain the signatures representing 100% of the qualified electors within the property proposed to be annexed to the District. 2. EXECUTED this /3 M day of &-, 19 f3 , at Carlsbad, California. 332b--dp - - /- r-.--- BARBARA HALE-CARW ADMINISTRATOR - CFD NO 1 /e &4J CHERYL €2 ALLEN, ASST. FINANCE DIRECT PROJECT MANAGER CARLSBAD, CALIFORNIA Page C 2. trRcm AOO~~ESS OF ~INCIPAL LxEcunvE OFFICE 4401 :Ianchester I:ver.ue, Suite 206 8. ~ELT A-US OF CALIFORNIA OFFICE IF EXECUTIVE OFFICE IN ANOTHER =ATE 1. CrTY AND STATE Encinitas, CR 6. cm &ON IS MY (OUR1 ACT AND D ED SEE INSTRUCTIONS) ' DATE SIGNATURE OS GENERAL PARTNER DATE I tlisl66 !b/*.t.r h /. * d-,& i // 4 / SIGNATURE W GENERAL CARTNLR Pa '1 Ecke, jr. OATE SIGNATURE OF GLNLRAL CAUiNLR OATL P 84WdATU~L OF GEkERAL PARTNER SGNATUIE W OTHER TUAN GENERAL CARTNLR TITLE. on DLSGNATION DATE 16. RETURN ACKNOWLEDGMENT TO: WuAt [Lairrence I. Tmnenbaun, Esr. 1 STATE ~moE AmEss Gray, Carl', Pces & Fpe mur, 401 B Street, Suite 1700 _I rn Die~c, California 92101-4219 , FORU LP-t-FW FEE 170 la--+ br rb *my .i a.r* 5 1s. THIS SPACE f USE FILL NUMl 7% 351 F DEC 1A-(ft& In the c;;ice c: cr a&- CI. . ...- ., 1 WqCii FONG * I ’’,’ THE OR’GJNAL OF THIS DOCUMENT WAS REC, VFILE/PAG No. & Blltrr ol ftlatcf, fona &u VERA Lb LYLE, C I” RECORDER htrrtarp 01 htr SACRAMENTO I, MARCH FONG EU, Secretary of State of the State of California, 2 pages) was prepared by That the annexed transcript of and in this office from the record on file, of whic it purports to be a copy, and that it is full, true and correct. IN WITNESS WHEREOF, I execute this certificate and affix the Great Seal of the State of California this hereby cert ijy: 6 ‘OEC 17 1988 L w &metory of State 0 PO 0 e <f * c 'I, ., * u .. sq 't .. -c ATTACHMENT TO FORM LP-1 Designation of Manager Pursuant to the provisions of the Partnership Agreement, Christopher C. Calkins has been designated the Manager of the Partnership. The Manager's authority shall include all of the powers of management provided to the Genera Partner under the Partnership Agreement, including the execution on behalf of the Partnership of all documents of title, debt, restriction, purchase, sale or lease. The Manage may be removed in the discretion of the General Partner by filing an Amendment to the Certificate of Limited Partnership so stating. Partnership documents and instruments shall be binding upon the Partnership when executed in the following form: CARLTAS COMPANY, a California Limited partnership By : Manager 6702v xi? 35 7 ? &g zz3 gz ... 0 0 +! Ii ,,7 %a3 zi g b 82 q[ zg $: z 55 LL .o zs i= 3 e? lig g u7: E @ p & g 6 2% :$ $2 $8 kg !2 zg (92 Y- 3 z 28 Nij;ifi v8 P 3 i&;;a; 0s F3.t u -a Z/ - I!E kb P 3 &LC!LL.! < g z c c I VJ mrs 11 r 5 g2 2 -:z 4= w 0 c;l “lm-0 : ““NWR ZE. 25i? 98 ILE ;\ YUW --gogl P :;!kg ul ~IIIIIII 3B Fae .gg$p$j E < @@@@,o@,o F$! Yes 4 LE 1% ow “3 03 ”e 4t-C 2 uc 2oa u Y ZG$8 E -FPw znmr+ wowFL:$ ma c &H l-l4 4W’SOd a4dbg zxps DhEz oz,, 2 FPZFUk 4z 0 35 O8 0 \ D* 0 Exhibit W i -I Y - . WHEN RECORDED, RETURN TO: CITY CLERK CITY OF CARLSBAD 1200 CARLSBAD VILLAGE DRIVE CARLSBAD, CA 92008 AMENDMENT TO THE NOTICE OF SPECIAL TAX LIEN (NOTICE OF ANNEXATION) Pursuant to the requirements of Section 3117.5 of the Streets and Highways C Section 53339.8 of the Government Code, the undersigned CITY CLERK of the 1 tive body of the CITY OF CARLSBAD, COMMUNITY FACILITIES DISTRICT NO. 1, ANh NO. J-, STATE OF CALIFORNIA, HEREBY GIVES NOTICE that a lien is hereby imF County of San Diego, State of California, is authorized to annually levy following purpose: secure payment of a special tax which the City Council of the City of Cs To pay for certain public capital facilities, including the payment principal and interest on bonds, said facilities generally described the construction and installation or purchase of the following: I. Public facilities generally described as a r library facility, a major addition to an existing library building, a Ci Hall complex, and the addition of office and warehouse facilities at t public safety center. 11. Park improvements generally designated as t MACARIO CANYON PARK. - 111. Major street improvements in portions of the follc ins designated public streets: FARADAY AVENUE, CANNON ROAD, LA COZ AVENUE, OLIVENHAIN ROAD/I?ANCHO SANTA FE ROAD and LEUCADIA BOULEVARD. IV. Major bridge and overpass facilities general described as the LA COSTA INTERCHANGE, POINSETTIA LANE INTERCHANGE 2 PALOMAR AIRPORT ROAD INTERCHANGE. The special tax is authorized to be levied within Community Facilities Distr 1, Annexation No. / , which has now been officially formed, and the lien special tax is a continuing lien which shall secure each annual levy of the tax and which shall continue in force and effect until the special tax oblige prepaid, permanently satisfied and cancelled in accordance with law or un special tax ceases to be levied and a notice of cessation of special tax is L in accordance with Section 53330.5 of the Government Code. The rate and method of apportionment of the authorized special tax is as s the attached, referenced and incorporated Exhibit "A", and the special tax s collected in the same manner as ordinary ad valorem property taxes are collec shall be subject to the same penalties and the same procedure, sale a priority in case of delinquency as is provided €or ad valorem taxes. Cor under which the obligation to pay the special tax may be prepaid and pern satisfied and the lien of the special tax cancelled are as follows: 1 1 w 0 Any special tax for public capital facilities may be prepaic satisfied by the payment of the maximum present value of the specia obligation. Notice is further given that upon the recording of this notice in the Off County Recorder, the obligation to pay the special tax levy shall become a all non-exempt real property within the District in accordance with Sect of the Streets and Highways Code. The names of the owner(s) of the real property included within the Facilities District as they appear on the last secured assessment roll date of recording of this Notice and the Assessor's tax parcel(s) numbc parcels or any portion thereof which are included within said territ annexed to this Community Facilities District are as set forth on the referenced and incorporated Exhibit "B" . Reference is made to the following: 1. Boundary map of the original Community Facilities District recordf 24 , Page 56 , Document No. vo-67+//f , Maps of Asse! Community Facilities Districts in the Office of the County Recorde County of San Diego, State of California. 2. Boundary map of the Future Annexation Area District recorded at Book - Page a/ , Document No. ?3-~~0/63 , Maps of Assessment and Facilities Districts in the Office of the County Recorder for the Cou Diego, State of California. Boundary map of the Annexation Area No. ties Districts in the Office of the County Recorder for the County of 3. recorded at Book , Document No. , Maps of Assessment and Communi -State of California. For further information concerning the current and estimated future tax li owners or purchasers of real property subject to this special tax lien, persona should contact the following designated person: FINANCE DIRECTOR CITY OF CARLSBAD 1200 CARLSBAD VILLAGE DRIVE CARLSBAD, CA 92008 TELEPHONE : ( 619 ) 43Y-&86 7 DATED: Q.QCL-~W 23, 1993 $& CITY CLERK CITY OF CARLSBAD STATE OF CALIFORNIA 1 '1 0 CITY OF CARLSBAD COMMUNITY FACILITIES DISTRICT NO. 1 EXHIBIT "A" PROPERTY CATEGORIES AND MAXIMUM !!!AX All taxable property within the boundaries of the Future Annexa- tion Area subject to ANNUAL SPECIAL TAXES as applicable based upon the rates as est for the original Community Facilities District No. 1 and further based property categories, maximum tax rates, increases and status of the iss building permits, all as hereinafter set forth. Improvement Area I refer properties within the boundaries of the City of Carlsbad Bridge and Tho1 District. Improvement Area I1 is €or all remaining properties within the ( Facilities District, not within the Bridge & Thoroughfare District. RESIDENTIAL PROPERTY ANNUAL SPECIAL TAX - UNDEVELOPED PROPERTY All taxable property prior to the issuance of a building permit shall be si the following maximum annual special taxes, subject to increases as c herein: MAXIMUM ANNUAL SPECIAL TAX - UNDEVELOPED PROPERTY PER DEVELOPABLE ACRE FOR FISCAL YEAR 1990/1991 IMPROVEMENT IMPROVEMENT PROPERTY CATEGORY AREA I AREA I1 Residential Low $ 281.00 $ 277.00 Residential Low to Medium 772 .OO 760.00 Residential Medium 1,294.00 1,217.00 Residential Medium to High 1,984.00 1 , 868.00 Residential High 2,793.00 2,739.00 SPECIAL DEVELOPMENT TAX - ONE TIME Upon the issuance of a building permit, all Residential properties shall 1: to the following described SPECIAL DEVELOPMENT TAX - ONE TIME, also S 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 11 Residential Low $ 4,452.00 $ 3,835.00 Residential Low to Medium 4,452.00 3,835 .OO Residential Medium 2,810.00 2,312.00 Residential Medium to High 2 , 810.00 2,312.00 Residential High 2 , 810.00 2,312.00 t i e 0 a COMMERCIAL, INDUSTRIAL AND OTHER PROPERTY ANNUAL SPECIAL TAX - UNDEVELOPED PROPERTY All taxable Commercial and Industrial Property prior to the issuance of a permit shall be subject to the following maximum annual special taxes, also 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 I1 Commercial Property $ 2,400.00 $ 1,600.00 I nduet rial Property 1,200.00 960 b 00 Agricultural Property -0- -0- All Commercial and Industrial Property, upon the issuance of a building shall have the option to (1) pay the SPECIAL DEVELOPMENT TAX - ONE TIM1 aesume the ANNUAL SPECIAL TAX - DEVELOPED PROPERTY €or a period of not t twenty-five (25) years, generally in the amounts per property category as fol MAXIMUM SPECIAL DEVELOPMENT TAX - ONE TIME FOR FISCAL YEAR 1990/91 PER SQUARE FOOT OF BUILDING AREA PROPERTY CATEGORY - IMPROVEMENT IMPROVEMENT COMMERCIAL USE DESIGNATIONS AREA I AREA I1 Restaurant - Fast Food $ 28,46 $ 7.58 outdoor Tennis Courts 28.14 7.26 Convenience Market 27.31 6.74 Bank with Drive-thru 18.06 5.72 Campground 17.51 4.99 Restaurant - sit Down 15.17 4.73 Marina 14: 85 4.41 Bank - Walk In 12.83 4.60 Auto - Gasoline 8.11 2.89 Grocery Store 7.78 2.56 S & L with Drive-thru 7.59 3.48 Bowling Center 6.63 2.83 Restaurant - Quality 6.57 3.09 Neighborhood Shopping Center 6.46 2.27 Auto Car Wash 6.31 2.52 S & L - Walk In 5.51 3.03 Race Track 5.10 2.33 Library 4.26 2.86 Community Shopping Center 4.24 1.80 Hospital - General 3.88 3.18 * 1 0 e I IMPROVEMENT IMPROVEMENT COMMERCIAL USE DESIGNATIONS AREA I AREA I1 Hotel - Conv. Fac/Comm. 3.47 2.52 Auto - Repair & Sales 3.41 1.58 Regional Shopping Center 3.35 1.61 Diecount Store 3.22 1.58 Golf Course 3.06 2.14 Church 2.99 1.94 Office - Government 2.93 1.88 Commercial Shops 2.90 1.58 Health Club 2.89 1.85 Motel 2.69 2.06 Office - High Rise 2.67 1.84 office - Commercial, 100,000 SF 2.56 1.75 Lumber/Hardware Store 2.47 1.58 Office - Medical 2.42 2.07 Hospital - Convalescent 2.33 2.23 Indoor Sports Arena 2.33 2.23 Resort Hotel 2.30 1-98 University 2.26 1.91 Junior College 2.19 1.90 All other Commercial Properties 2.14 1.44 not indentified above IMPROVEMENT IMPROVEMENT INDUSTRIAL USE DESIGNATIONS AREA I AREA I1 Heliports $ 10.63 $ 3.67 P@rk 2.14 1.51 Industrial-Commercial Business All other Industrial Properties not identified above 1.74 1.42 OR, IN THE ALTERNATE, ANNUAL SPECIAL TAX The "Maximum Annual Special Tax - Developed Property" for any Fiscal Year exceed 13.81% of the authorized "Maximum Special Development Tax - One Time var ious Commercial and Industrial Property categories as set forth ab07 amount applicable and annually adjusted for each Fiscal Year. ANNUAL TAX INCREASE The above SPECIAL TAXES for the taxable properties are applicable for t construction costs. The Construction Cost Index of the Engineering Neb titled "ENR Cost Indexes in 22 Cities" will be used. The Index publishe month of April for the City of Los Angeles under the column heading of "I Change from Last Year" will annually inflate each of the Maximum Annual each year for properties as follows: year 1990/91, and are all subject to annual increases to reflect inc I W a . a 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 fac funded and/or guaranteed, and the SPECIAL DEVELOPMENT TAX - ONE TIME has bee however, the ANNUAL SPECIAL TAX - DEVELOPED PROPERTY shall not be levied period in excess of twenty-five (25) years per parcel. Residential: Once a building permit has been issued for Residential property and the DEVELOPMENT TAX - ONE TIME has been paid, the property no longer will be sub any annual special tax. Commercial & Industrial: The Commercial and Industrial properties, upon the issuance of a building have the option to (1) pay the SPECIAL DEVELOPMENT TAX - ONE TIME or (2) ass ANNUAL SPECIAL TAX - DEVELOPED PROPERTY, as set forth above. Upon the issu 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 f 65% to Residential property, 35% to Commercial & Industrial property. Thi costs exclude costs of issuance as needed. Residential property shall be taxed in an amount sufficient to meet the 65% s facilities, which tax will include costs of issuance, interest and other including sinking fund payments for future construction as applicable. Commercial & Industrial property shall be taxed in an amount sufficient to m 35% share of facilities, which tax will include costs of issuance, inter1 other costs, including sinking fund payments for future construction as applic COLLECTION OF ANNUAL TAX Residential: Determine monies necessary to make payment on bond debt service, replenish r call bonds, pay bonds and Community Facilities District No. 1 administrative and pay for public capital facilities. FIRST: Reduce this amount by thc collected from Special Development Tax - One Time levied against resi properties. SECOND: The remaining funds needed are to be collected by the the annual Special Tax - Undeveloped Property on undeveloped taxable resi acreage, in the proportional amounts for each property category as required, exceed the maximum authorized tax. 'I 0 0 Commercial and Industrial: Determine monies necessary to make payment on bond debt service, replenish I call bonds, pay bonds and Community Facililies District No. 1 administrative and pay for current or future public capital facilities. FIRST: Reduce thi: by the funds collected from Special Development Tax - One Time and annual Tax - Developed Property levied against commercial and industrial pro] SECOND: Levy the annual Special Tax - Undeveloped Property on undeveloped commercial and industrial acreage in the proportional amounts €or each I category as required, not to exceed the maximum tax. x** - 0 0 * CITY OF CARLSBAD COMMUNITY FACILITIES DISTRICT NO. 1 EXHIBIT '73'' PROPERTY OWNER NAME AND ASSESSOR'S PARCEL NUMBERS Property owner: Carltas Company Assessor's Parcel Numbers: 21 1-01 0-25 211-021-18 ' 21 1-021-19 21 1-021 -26 211-021-27 21 1-021 -28 2 1 1-02 1-29 ,' i,' 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 IS 19 20 % 21 22 23 24 25 26 27 25 - 0 0 RESOLUTION NO. 93-341 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, CERTIFYING AND ADDING PROPERTY TO AN EXISTING COMMUNITY FACILITIES DISTRICT WHEREAS, the CITY COUNCIL of the CITY OF CF CALIFORNIA, (hereinafter referred to a5 the "legislative the local Agency") , has previously formed a Community Fat District pursuant to the provisions of the "Mello-Roo6 C Facilities Act of 1982", being Chapter 2.5, Part 1, Div Title 5 of the Government Code of the State of Californ Article 3.5 thereof. The existing Community Facilities being designated as COMMUNITY FACILITIES DISTRICT NO. 1 after referred to as the "District"); and, WHEiiEAS , the legislative body has also establ procedure to allow and provide for future annexations original District and the area proposed to be annexec future was designated as COMMUNITY FACILITIES DISTRICl FUTURE ANNEXATION AREA (hereinafter referred to as the Annexation Area") ; and WHEREAS, at this time the unanimous consent of the owner or owners of certain specific territory proposc annexed has been received, and said territory has bee nated as ANNEXATION NO. L (hereinafter referred tc "Annexed Area" ) ; and WHEREAS, the map showing the specific territoi annexed and designated as the Annexed Area as subn hereby approved by this legislative body. NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: $1 '7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 - 16 17 18 19 20 21 22 23 24 25 26 27 25 W 0 RECITALS SECTION 1. The above recitals are all true and corre ANNEXATION CERTIFICATION SECTION 2. That this legislative body does hereby c and declare that the territory subject to annexation, b Annexed Area, is now added to and becomes a part District. ANNEXATION AREA SECTION 3. That the boundaries and parcels of t herein annexed and on which special taxes will be 1 order to pay €or the costs and expenses of authorize facilities is described as follows: All that property annexed to the Community Facilities District as said territory is sh map as herein approved by this legislative body, designated by the number of the annexation and the nam District, a copy of which is on file and shall remain public inspection. FINDINGS SECTION 3. That this legislative body does hereby determine as follows: A. That the unanimous consent to the a as submitted by the property owners is hereby certi approved and shall be kept on file in the Office of the Official. B. The legislative body is hereby empc levy the authorized special taxes within the Annexed Ari €or the District's public facilities. A ._ ,’ ,1 2 3 t. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1s 19 20 21 22 - 23 24 . 25 26 27 25 m 0 C. That the Annexed Area is formally ac and becomes a part of the District. NOTICE SECTION 4. That immediately upon adoption of this 1 tion, notice shall be given as follows: A. A copy of the annexation map as a shall be immediately, and at least within fifteen (15) adoption of this Resolution, filed in the Office of the Recorder. B. Also within said fifteen (15) days, an ment to the Notice of Special Tax Lien (Notice of Anne shall be recorded in the Office of the County Recorder. PASSED, APPROVED AND ACOPTED at a regular :nceting Carlsbad city Councii held a11 tne 21st day of DECEMBER 1993, by the following vote, to wit: AYES: Council Members Lewis, Stanton, Kulchin, Nygaard, Finni NOES: None ABSENT: None &/(L AUDE . LEW S, Mayor ATTEST: ALETHA- L. RAU (SEAL) & I’ e 0 CIN OF CARLSBAD COMMUNITY FACILITIES DISTRICT NO. 1 ANNUAL SPECIAL TAX - UNDEVELOPED PROPERTY VALID JULY 1,1993 TO JUNE 30,1994 i] Ji PARTICIPATION DATE: - PARTICIPATION DATE: EXHIBIT 5 - PAGE 1 l m e v- L' .?' * CrrY OF CARLSBAD COMMUNITY FACILITIES DISTRICT NO. 1 PARTlCIPATlON DATE: RESIDENTIAL DEVELOPED LAND USE: NO NOTE 1 : THIS CATEGORY OF LAND USE CONTAINS PM AND CM ZONED PROPERTY. NOTE 2: THIS CATEGORY OF LAND USE CONTAINS M AND U ZONED PROPERPI. EXHIBIT5 - PAGE 2 @q?N a- L I fO[ 1 i~~~-~~~~~ e r' ' ~ECORDING REQUESTED BY 83-JAW-19f4 03=! WHEN RECORDED, RETURN TO: CITY CLERK CITY OF CARLSBAD CARLSBAD, CA 92008 OFFICIAL PECO?DS SAN DIEM fOllNTY RECORDER'S OFf AF: 15.90 flF : 1. on fF : 16. no AMETT'E iVhMS 7 CltliHTY fiEfflRlil 1200 CARLSBAD VILLAGE DRIVE RF : 10.011 FEES: AMENDmNT TO THE NOTICE OF SPECIAL TAX LIEN (NOTICE OF ANNEXATION) Pursuant to the requirements of Section 3117.5 of the Streets and Highways CO Section 53339.8 of the Government Code, the undersigned CITY CLERK of the le tive body of the CITY OF CARLSBAD, COMMUNITY FACILITIES DISTRICT NO. 1, ANNE NO. , STATE OF CALIFORNIA, HEREBY GIVES NOTICE that a lien is hereby imp0 secure payment of a special tax which the City Council of the City of Car County of San Diego, State of California, is authorized to annually levy fi following purpose: ! To pay for certain public capital facilities, incJuding the payment c principal and interest on bonds, said facilities generally described i the construction and installation or purchase of the following: I. . -Public facilities generally-described as a nc library facility, a major addition to .an existing library building, a Cil Hall complex, and the addition of office and warehouse facilities at tl public safety center. 11. Park improvements generally designated as t MACARIO CANYON PARK. - 111. Mayor street improvements in portions of the follo ing designated public streets: FARADAY AVENUE, CANNON ROAD, LA COS AVENUE, OLIVENHAIN ROAD/RANCHO SANTA FE ROAD and LEUCADIA BOULEVARD. .: IV. Major bridge and overpass facilities general described as the LA COSTA INTERCHANGE, POINSETTIA LANE INTERCHANGE i PALOMAR PORT ROAD INTERCHANGE. i The special tax idauthorized to be levied within Community Facilities Distr 1, Annexation No. L, which has now been officially formed, and the lien special tax is a continuing lien which shall secure each annual levy of the tax and which shall continue in force and effect until the special tax oblig: prepaid, permanently satisfied and cancelled in accordance with law or UT special tax ceases to be levied and a notice of cessation of special tax is in accordance with Section 53330.5 of the Government Code. The rate and method of apportionment of the authorized special tax is as : the attached, referenced and incorporated Exhibit "A", and the special tax collected in the same manner as ordinary a= valorem property taxes are colle shall be subject to the same penalties and the same procedure, sale 2 priority in case of delinquency as 1s provided for ad valorem taxes. cc under which the obligation to pay the special tax may be prepaid and per satisfied and the lien of the special tax cancelled are as follows: I , It -. 0 0 ~ny special tax for public capital facilities may be prepaid an satisfied by the payment of the maximum present value of the special ta obligation. Notice is further given that upon the recording of this notice in the Office County Recorder, the obligation to pay the special tax levy shall become a 1ic all non-exempt real property within the District in accordance with Section of the Streets and Highways Code. The names of the owner(s) of the real property included within the Con Facilities District as they appear on the last secured assessment roll as date of recording of this Notice and the Assessor's tax parcel(s) numbers parcels or any portion thereof which are included within said territory annexed to this Community Facilities District are a8 set forth on the at referenced and incorporafed Exhibit "B" . Reference is made to the following: 1. Boundary map of the original Community Facilities District recorded i &'C/ , Page 56 , Document No. 90 - 67%/ f -r Maps of Assessmc Community Facilities Districts in the Office of the County Recorder 4 County of San Diego, State of California. Boundary map of the Future Annexation Area District recorded at Book 2 Page a/ , Document No. 73-2XO /43 , Maps of Assessment and Cc Facilities Districts'in the Office of the County Recorder €or the County Diego, State of California. - 2. 3. Boundary map of the Annexation Area No. / recorded at Book 28 0 \ , Document NO. 9dm 1810 , Maps of Assessment and Community ties Districts in the Office of the County Recorder for the County of Sal -State of California. For further information concerning the current and estimated future tax liab owners or purchasers of real property subject to this special tax lien, in. persons should contact the following designated person: *I FINANCE DIRECTOR CITY OF CARLSBAD 1200 CARLSBAD VILLAGE DRIVE CARLSBAD, CA 92008 ,> \ TELEPHONE : ( 619 ) 43Y-286 7 8' DATED: od 23, 1993 : $&a CITY CLERK CITY OF CARLSBAD STATE OF CALIFOF.NIA , .e w 0 c, CITY OF CARLSBAD COKMUNITY FACILITIES DISTRICT NO. 1 EXHIBIT "A" PROPERTY CATEGORIES AND MAXIMUM TAX All taxable property within the boundaries of the Future Annexa- tion Area s subject to ANNUAL SPECIAL TAXES as applicable based upon the rates as eSta for the original Community Facilities District No. 1 and further based UI property categories, maximum tax rates, increases and status of the issuz building permits, all as hereinafter set forth. Improvement Area I refers properties within the boundaries of the City of Carlsbad Bridge and Thoro District. Improvement Area I1 is for all remaining properties within the CO Facilities District, not within the Bridge & Thoroughfare District. RESIDENTIAL PROPERTY ANNUAL SPECIAL TAX - UNDEVELOPED PROPERTY AII taxable property prior to the issuance of a buildiid permit shall be SUk the following maximum annual special taxes, subject to increases as se herein: . MAXIMUM ANNUA~~SPECIAL TAX - UNDEVELOPED PROPERTY PER DEVELOPABLE ACRE FOR FISCAL YEAR 1990/1991 IMPROVEMENT IMPROVEMENT . PROPERTY CATEGORY AREA I AREA I1 Ree-idential Low $ 281.00 $ 277.0-0 772.00 760.00 Residential Low to Medium Residential Medium 1,294.00 1 , 217.00 Residential Medium to High 1,984.00 1,868.00 Residential High 2,793.00 2,739.00 .<. SPECIAL DEVELOPMENT TAX - ONE TIME '\ upon the iesuat-ice of a building permit. all Residential properties shall bf to the following idescribed SPECIAL DEVELOPMENT TAX - ONE TIME, also su increases as set forth herein, as follows: 44 MAXIMUM SPECIAL DEVELOPMENT TAX - ONE TIME PER RESIDENTIAL DWELLING UNIT FOR FISCAL YEAR 1990/1991 IMPROVEMENT IMPROVEMENT PROPERTY CATEGORY AREA I AREA I1 Residential Low $ 4,452.00 $ 3,835.00 Residential Low to Medium 4,452.00 3,835.00 Residential Medium 2,810.00 2,312.00 Residential Medium to High 2,810.00 2,312.00 Residential High 2,810- 00 2 , 312.00 0 c) 1 ?*' COMMERCIAL, INDUSTRIAL AM) OTHER PROPERTY ANNUAL SPECIAL TAX - UNDEVELOPED PROPERTY All taxable Commercial and Industrial Property prior to the issuance of a bu permit shall be subject to the following maximum annual special taxes, also I 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 I1 Commercial Property $ 2,400.00 $ 1,600.00 Industrial Property 1,200.00 960.00 Agricultural Property -0- -0- All Commercial and Industrial Property, upon the isscknce of a building shall have the option to (1) pay the SPECIAL DEVELOPMENT TAX - ONE TIME assume the ANNUAL SPECIAL TAX - DEVELOPED PROPERTY for a period of not to twenty-five (25) years, generally in the amounts per property category as foll *. MAXIMUM SPECIAL DEVELOPMENT TAX '- ONE TIME FOR FISCAL YEAR 1990/91 PER SQUARE FOOT OF BUILDING AREA PROPERTY CATEGORY - IMPROVEMENT IMPROVEMENT COMMERCIAL USE DESIGNATIONS AREA I AREA I1 ReBtaurant - Fast Food $ 28.46 $ 7.58 Convenience Market 27.31 6.74 Bank with Drive-thru 18.06 5.72 Restaurant - S'ft Down 15.17 4.73 14.85 4.41 12.83 4.60 Marina Bank - Walk In Auto - Gasoline 8.11 2.89 Grocery Store 7.78 2.56 S & L with Drive-thru 7.59 3.48 Bowling Center 6.63 2.83 Restaurant - Quality 6.57 3.09 Neighborhood Shopping Center 6.46 2.27 Auto Car Wash 6.31 2.52 S & L - Walk In 5.51 3.03 Race Track 5.10 2.33 Library 4.26 2.86 Community Shopping Center 4.24 1.80 Hospital - General 3.88 3.18 Outdoor Tennis Courts 28.14 7. 26 -*. Campground \ 17.51 4.99 A/ w e , *** IMPROVEMENT IMPROVEMENT COMMERCIAL USE DESIGNATIONS AREA I AREA I1 Hotel - Conv. Fac/Comm. 3.47 2.52 Auto - Repair t Sales 3.41 1.58 Regional Shopping Center' 3.35 1.61 Discount Store 3.22 1.58 Golf Course 3.06 2.14 Church 2.99 1.94 Office - Government 2.93 1.88 Health Club 2-89 1.85 Motel 2.69 2.06 Office - High Rise 2.67 1.84 Office - Commercial, 100,000 SF 2.56 1.75 Lumber/Hardware Store 2.47 1.58 Office - Medical 2.42 2.07 Hospital - Convalescent 2.33 2.23 Indoor Sports Arena 2.33 2.23 Resort Hotel 2.30 1.98 . Junior College 2.19 1.W All other Commercial Properties 2.14 1.44 Commercial Shops 2.90 1.58 University 2.26 1.91 not indentified above . *. IMPROVEMENT. IMPROVEMENT INDUSTRIAL USE DESIGNATIONS AREA I AREA I1 Heliports $ 10.63 $ 3.67 * Industrial-Commercial Business Psrk 2.14 1.51 All other Industrial Properties not identified above 1.74 1.42 *<. OR, IN THJ3 ALTERNATE, ANNUAL SPECIAL TAX \, z The "Maximum Annual, Special Tax - Developed Property" for any Fiscal Year sh various Commercial and Industrial Property categories as set forth above amount applicable and annually adjusted for each Fiscal Year. exceed 13.81% of de authorized "Maximum Special Development Tax - One Time" , ANNUAL TAX INCREASE The above SPECIAL TAXES for the taxable properties are applicable for the year 1990/91, and are all subject to annual increases to reflect incre; construction costs. The Construction Cost Index of the Enqineering News- titled "ENR Cost Indexes in 22 Cities" will be used. The Index published month of April for the City of Los Angeles under the column heading of "Per Change from Last Year" will annually inflate each of the Maximum Annual Ta each year for properties as follows: m a ~ r.* * 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 fa( funded and/or guaranteed, and the SPECIAL DEVELOPMENT TAX - ONE TIME has be6 however, the ANNUAL SPECIAL TAX - DEVELOPED PROPERTY shall not be leviec period in excess of twenty-five (25) years per parcel. Residential ! Once a building permit has been issued for Residential property and the DEVELOPMENT TAX - ONE TIME has been paid, the property no longer will be sui any annual special tax. Commercial IS Industrial: The Commercial and Industrial properties, upon the issuance of a building have the option to (1) pay the SPECIAL DEVELOPMENT TAX - ONE TIME or (2) as! ANNUAL SPECIAL TAX - DEVELOPED PROPERTY, as set forth abgve. Upon the issr any building permit, no further increase or escalation is authorized. c AI.LOCATI0N OF COST AND TAX Total capital costs for all authorized facilities shall be' allocated as 65% to Residential property, 35% to Commercial C Industrial property. Tt costs exclude costs of issuance as needed. Residential property shall be taxed in an amount sufficient to meet the 65% facilities, which tax will include costs of issuance, interest and othex including sinking fund payments for future construction as wplicable. Commercial 6i Industrial property shall be taxed in an amount sufficient to 1 35% share o facilities, which tax will include costs of issuance, intei other Costs, mcluding sinking fund payments €or future construction as appli \ COLLECTION OF ANNUAL TAX j? Residential : Determine monies necessary to make payment on bond debt service, replenish call bonds, pay bonds and Community Facilities District No. 1 administrativ and pay for public capital facilities. FIRST: Reduce this amount by tl collected from Special Development Tax - One Time levied against res the annual Special Tax - Undeveloped Property on undeveloped taxable res acreage, in the proportional amounts for each property category as required exceed the maximum authorized tax. properties. SECOND: The remaining funds needed are to be collected by the e m 1 4d+ Commercial and Industrial: Determine monies necessary to make payment on bond debt service, replenish r call bonds, pay bonds and Community Facililies District No. 1 administrative and pay for current or ‘future public capital facilities. FIRST: Reduce this by the funds collected from Special Development Tax - One Time and annual Tax - Developed Property levied against commercial and industrial proF SECOND: Levy the annual Special Tax - Undeveloped Property on undeveloped commercial and industrial acreage in the proportional amounts for each I category as required, not to exceed the maximum tax. *** -. - .. - .‘ ‘9 \ 8 , - m e ~ . &* .I. CITY OF CARLSBAD COMMUNITY FACILITIES DISTRICT NO. 1 ExHrE3IT '3'' PROPERTY OWNER NAME AND ASSESSOR'S PARCEL NUMBERS propertyowner: Carltas Company Assessor's Parcel Numbers: 211-010-25 21 1 -021 -1 8 21 1-021-19 21 1-021-26 21 1-021 -27 21 1-021 -28 211-021-29 - c .. *'. '. . k?? I c e e CERTIFICATE OF COMPLIANCE WITH NOTICE REQUIREMENTS COMMUNITY FACILITIES DISTRICT NO, 1 FUTURE ANNEXATION AREA STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CARLSBAD The undersigned, under penalty of perjury, CERTIFIES AS FOLLOWS: The undersigned ie nowl and at all times mentioned herein wag, the duly q and acting CITY CLERK of the CITY OF CARLSBAD, CALIFORNIA, and as such, accc the notice requirements in connection with the referenced Community Fa District, as noted: CONSENT AND ELECTION The CONSENT AND ELECTION was certified and filed by the Property Manager EO that all property owners of record of the proposed Annexed Area have sit CONSENT AND ELECTION for annexation to the original Community Facilities Diet RESOLUTION CERTIFYING AND ADDING PROPERTY The RESOLUTION CERTIFYING AND ADDING PROPERTY was approved and adopted by tl lative body of the Community Facilities District on the d/s'i- day of Dece, 19a RECORDING That the BOUNDARY MAP of the Annexed Area was filed in the office of th Recorder within fifteen (15) days of certifying and adding property to the Community Facilitiee District, said recordation being accomplished on the 3 of crflkJb4CtRy I19d. The AMENDMENT TO THE NOTICE OF SPECIAL TAX LIEN (NOTICE OF ANNEXATION) was in the Office of the'county Recorder within fifteen (15) days of certif adding property to the original Community Facilities District, said re( being accomplished on the 3~0 day of Tfi,u4aaY r 19%- EXECUTED this /O+h day of JAd4fiflv , 193, at Carlsbad, California. , CITY CLERK CITY OF CARLSBAD STATE OF CALIFORNIA