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HomeMy WebLinkAbout1996-05-14; City Council; 13649; COMMUNITY FACILITIES DISTRICT NO. 1 ANNEXATION NO. 95/96-3 GREEN VALLEYY d g fz a8 a3 2 0 c 0 a lJ 2 5 0 I 2j ,e”*/.- c CITY OF CARLSBAD - AGENDA BILL AB# -- TITLE: DEPT.HD. U MTG. 05/14/96 DEPT. FIN CITY ATTY. - @* CITY MGR. a COMMUNITY FACILITIES DISTRICT NO. 1 ANNEXATION NO. 95/96-3 GREEN VALLEY ,? -I p *:- r” UJ *.,‘ RECOMMENDED ACTION: Adopt Resolution No. $6 - i’lL certifying and adding property to an exist Community Facilities District. ITEM EXPLANATION: Backaround Property owners of vacant land in Carlsbad and the City worked together to fc Community Facilities District (CFD) No. I. The CFD provides funding for a var of infrastructure projects which will be necessary to meet the requirements of Growth Management Program. Council formed CFD No. I in 1991 , following election by property owners for a special tax to be levied upon their propert) fund construction or acquisition of the capital projects. The Carlsbad philosophy is that CFD financing is not intended to relieve 2 property owner of the responsibility to provide funding for infrastructi improvements related to a single development. No homeowner in Carlsbad affected by a City CFD because our guidelines ensure that the obligation or residential unit is paid in full when the building permit is issued. No homeowi will pay City-imposed Mello-Roos taxes. Many Local Facilities Management Zones were not included in CFD No Annexation proceedings were anticipated to occur as each zone progress through the development process. With the exception of the more develop areas, each zone plan requires either annexation to the CFD or developer fundi of all required facilities. In April 1993, Council authorized future annexation of the remaining undevelop land into CFD No. 1. This action permits developers to use the simplif annexation procedure and allows development to proceed without additional put hearings or special elections. The simplified annexation procedure lets prop€ owners administratively petition to annex into CFD No. 1. Upon Council approb property will be annexed into CFD No. 1, thus fulfilling their obligation for cert, public facilities. Annexation No. 95196-3 - Green Valley On January 23, 1996 the City Council adapted various resolutions certifying t Environmental Impact Report and approving the Green Valley Master Plan. ( 92-08, a master tentative map for this project, requires the property owners annex to Community Facilities District No. 1 within 60 days of the approval of t project, or March 23, 1996. The annexation may be extended by the City Manag f Q e J& Page 2 of Agenda Bill No. 13; (0 qv c +- for up to 60 additional days upon a showing of good cause. This extension w granted on March 14, 1996, extending the annexation deadline to May 22, 19‘ The applicant, Carlsbad Partners, Ltd., has completed the required Consent i Election to Annex Property into CFD No. 1 (Exhibit 2) and accepted the boundl map showing the proposed area to be annexed (Exhibit 3). Council may formally authorize the annexation by certifying and adding a Notice of Annexation (Exhibit 4) will be filed with the County Recorder as a 11 against the property. FISCAL IMPACT: When CFD No. 1 was established, it was anticipated that all vacant, undeveloy: or underdeveloped land would annex as it developed, thus providing 1 necessary cash flow to finance the construction of certain public facilities. The property being annexed has been approved for the development of 300,C square feet of community commercial retail and a maximum of 400 single far detached and/or attached residential units. The property will be subject to CI No. 1 Special Tax - Undeveloped Property beginning in fiscal year 1996/97. T 1996/97 levy is unknown at this time, however, using the 1995/96 tax rates, t levy will be approximately $109,000. The property is also subject to the CFD No Special Development Tax - One-Time at the time of building permit issuanc Again, using the 1995/96 tax rates, this tax is estimated at $2.2 million dollars. Through the use of the simplified annexation procedure, both the City and t owner are able to avoid election costs and additional time delays. A fee of $480 cover annexation processing, map preparation, and filing costs will be paid by t property owner. EXHIBITS: 1. 2. 3. 4. Notice of Annexation. 5. property into the original Community Facilities District, After Council authorizatic Resolution No. 96-1 ‘)%certifying and adding property to an existing CFD. Consent and Election to Annex Real Property to an Existing Community Facilities District. Boundary Map of the area to be annexed. Community Facilities District No. 1 1995-96 maximum tax rates. J r- c 1 2 3 4 5 6 7 8 9 10 l1 12 13 14 15 16 17 I.8 19 20 21 22 23 24 25 26 27 28 I e m RESOLUTION NO. 96-173 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, CERTIFYING AND ADDING PROPERTY TO AN EXISTING COMMUNITY FAC I LIT1 ES D ISTRl CT WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAD, CALIFORNIA, (hereinafter referred to as the "legislative body of the local Agency"), has previously formed a Community Facilities District pursuant to the provisions of the "Mello-Roos Community Facilities Act of 1982," being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California, said Article 3.5 thereof. The existino Community Facilities District being designated as COMMUNITY FACILITIES DISTRICT NO. 1 (hereinafter referred to as the "District"); and WHEREAS, the legislative body has also established a procedure to allow and provide for future annexations to the original District and the area proposed to be annexed in the future was designated as COMMUNITY FACILITIES DISTRICT NO. 1, FUTURE ANNEXATION AREA (hereinafter referred to as the "Future Annexation Area"); and WHEREAS, at this time the unanimous consent of the property owner or owners of certain specific territory proposed to be annexed has been received, and said territory has been designated as ANNEXATION NO. 95196-3 (hereinafter referred to as the "Annexed Area"); and Ill II - 4 c 1 2 3 4 ti 6 7 8 9 10 11 12 13 i4 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I W WHEREAS, the map showing the specific territory to be annexed and designated as the Annexed Area as submitted is hereby approved by this legislative body. NOW, THEREFORE, BE IT RESOLVED by the City Council 01 the City of Carlsbad, California as follows: RECITALS SECTION 1. The above recitals are all true and correct. AN N EXATIO N C E RT I F I CAT ION SECTION 2. That this legislative body does hereby determinc and declare that the territory subject to annexation, being the Annexec Area, is now added to and becomes a part of the District. ANNEXATION AREA SECTION 3. That the boundaries and parcels of territoq herein annexed and on which special taxes will be levied in order to pa] for the costs and expenses of authorized public facilities is described a follows: All that property annexed to the existing Community Facilitie District as said territory is shown on a map as herein approved by thi legislative body, said map designated by the number of the annexatio and the name of the District, a copy of which is on file and shall remai open for public inspection. Ill Ill I w 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2o 21 22 23 24 25 26 27 28 r 0 FINDINGS SECTION 4. That this legislative body does hereby furthei determine as follows; A. That the unanimous consent to the annexation a! submitted by the property owners is hereby certified and approved an( shall be kept on file in the office of the Election Official. B. The legislative body is hereby empowered to levy thc authorized special taxes within the Annexed Area to pay for the District's publi facilities. The property being annexed will be subject to all applicabll special taxes upon annexation. The Annual Special Tax - Undevelopel Property will commence fiscal year 1996-97. C. That the Annexed Area is formally added to and becomes part of the District. NOTICE SECTION 5. That immediately upon adoption of thi Resolution, notice shall be given as follows: 1 A. A copy of the annexation map as approved shall b immediately, and at least within fifteen (15) days of adoption of th Resolution, filed in the office of the County Recorder. Ill Ill ' - c 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 I.8 r W W B. Also within said fifteen (15) days, an amendment to thc Notice of Special Tax Lien (Notice of Annexation) shall be recorded in tht office of the County Recorder. PASSED, APPROVED AND ADOPTED at a regular meeting c , 1996, by the followin! the City Council on the 14th day of vote, to wit: MAY AYES: Council Members Lewis, Nygaard, Kulchin, Finnil: NOES: None ABSENT: None ATTEST: (SEAL) Q 1 A%: iUTE-Clerk 19 20 21 22 23 24 25 26 27 28 I I , - Em 0 0 * CONSENT AND ELECTION TO ANNEX REAL PROPERTY TO AN EXSTING 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 own( the property as shown on the attached map ( the "Owner"), and is the approp person with legal authorization to sign this consent, vote and election to ai property to the District. The Owner is aware of and understands the following: A. 1. 2. The City of Carlsbad has conducted proceedings pursuant to the "M Roos Community Facilities Act of 1982" (Government Code s53311 following) (the "Act") to form a community facilities district known designated as COMMUNITY FACILlTlES DISTRICT NO. 1 (the "District' purposes of the construction, installation and financing of major pi capital facilities to serve and benefit properties within the boundaries o District, 5. Proceedings have also been authorized to allow annexation of propel the future to said District; however, any future annexation is conditic upon the unanimous consent of the owner or owners of each para parcels at the time of the proposed annexation. That the Owner is the owner of property subject to annexation as said is shown on a map attached hereto, referenced and incorporated, ma and designated as the ANNEXED AREA. That the map attached hereto shows the developable area pursuant tc City General Plan land use, and includes all applicable Assessor's pi numbers for the property being annexed. The property being annexed will be subject to all applicable special ti upon annexation. The Annual Special Tax - Undeveloped Propert)( commence in fiscal year 1996 - 97 . Appendix D - Page 1 C. D. E. - L MRY 03 '96 Q - - ..b* m 0 THE UNDERSIGNED DQES HEREBY CERTIFY UNDER PENALTY OF PERJURY FOLLOWS: 3. The Owner does consent to and approve the annexation of the Annexed Area to District Without any additional further public hearings and without any fur. election requirements. The Owner further waives the right to protest, object tc initiate legal proceedings challenging the validity of the following: - Proceedings for the formation of the District Proceedings to annex property in the future Specific annexation proceedings for the Annexed Area - - 4. The Owner speckally authorizes the levy d the previously approved special ta on all properties within the boundaries of the Annexed Area to pay for authorized public capital facilities and/or to assist in the payment for bonc indebtedness of the Community Facilities District. The Owner acknowledges the map attached and states that said map prop1 shows the property to be annexed and the net developable acres per general p land use. 5. D(ECUEbthis 6th dayof Mav , 19 96 , in San Diem California. Allen D. Farr-is CI (Type or print name or signor) a&,257dA?- (Signature) (If additional signature are required, please attach additional pages.) Appendix 0 - Page 2 l 1) w-wm+ewE&-mEzs* c J3 'P * CALIFORNIA ALL-PURPO ACKNOWLEDGMENT to be the personw whose name($) is/. subscribed to the within instrument and kt~wledged t6 me that hel- ewxi the same in his/- r authori; capacity@@, and that by his/+te-dtk signature@) on the instrument the person or the entity upon behalf of which person(?) acted, executed the instrumf WITNESS my hand and official seal. Though the data below is not required by law, it may prove valuable to persons relying on the document and could pr fraudulent reattachment of this form CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMEI TITLE@) A7 NUMBER OF PAGES SIGNER IS REPRESENTING: - NAME OF PERSON(S) OR ENTITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE @zh=ws+ 01 993 NATIONAL NOTARY ASSOCIATION 0 8236 Remmet Ave , P 0 Box 7184 * Canoga Park, CF 1 d 0 Carlsbad Partners, ltd. 0 GREEN - ........................ 2111 Palomar Rirport Road Sulk 100 Carlsbad. CR 92009 CROSSIN PARTNERSHIP CONSENT ANID AUTHORIZATION (Carlsbad Partners, Ltd.) THIS PARTNERSHIP CONSENT AND AUTHORIZATION (Carlsbad Partners, Ltd.) is dated to be effective this 25th day of April, 1996, b! TABOR INVESTMENTS CORP,, a Delaware corporation (tlTabortt), and CARTER PATE, TRUSTEE OF THE NBH LIQUIDATING TRUST (the IINBH Trusttt), as the General Partners of Carlsbad Partners, Ltd., a Texas limited partnership ( ltCarlsbadot) . Tabor and NBH Trust hereby authorize Allen D. Farris, as Carlsbad's authorized representative, to execute and deliver tk following documents on behalf of Carlsbad: (i) Consent and Election to Annex Real Property to Existing Community Facilitic District, Carlsbad Community Facilities District I; (ii) Notic and Waiver Concerning Proximity of the Plan or Existing EL Camj Real and La Costa Avenue Transportation Corridors; and (iii) st other documents necessary to proceed with the planning and development of the property which is the subject of the documer referred to in items (i) and (ii) above. All prior action takc by Allen D. Farris on behalf of Carlsbad is approved and ratif; by Tabor and the NBH Trust. TABOR INVESTMENTS CORP. By : &Ar/T By: i ;& * 9Li5 &QAT--. Steven S. Turoff, Presi ent R. CARTER PATE, TRUSTEE OF THE NBH LIQ IDATING TRUST R. Carter Pate, Trustee of thc NBH Liquidating Trust, and not Individually ZES P5E - 03 & '28 FZ w I:' =E $g 32 $ g g$ &E$ "8 7w I; - c w W I v1 Zbb g; i/ m 8" 8: g ; zp $ $ ,w v & y4 : > 3; 2 z e= >> I " O$ 0 - 0 a EXHIBI' 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 Code and Secti 53339.8 of the Government Code, the undersigned CITY CLERK of the legislative body of t STATE OF CALIFORNIA, HEREBY GIVES NOTICE that a lien is hereby imposed to seci payment of a special tax which the City Council of the City of Carlsbad, County of San Die( State of California, is authorized to annually levy for the following purpose: CITY OF CARLSBAD, COMMUNITY FACILITIES DISTRICT NO. I, ANNEXATION NO. 95I96- 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'. II. Park improvements generally designated as the MACARIO CANYON PARK. Ill. 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, Annexatii No. 9396-3 , which has now been officially formed, and the lien of the special tax is a continuii lien which shall secure each annual levy of the special tax and which shall continue in force ai effect until the special tax obligation is prepaid, permanently satisfied and canceled accordance with law or until the special tax ceases to be levied and a notice of cessation 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 attache referenced and incorporated Exhibit "A, and the special tax shall be collected in the san manner as ordinary ad valorem property taxes are collected and shall be subject to the san penalties and the same procedure, sale and lien priority in case of delinquency as is provided 0 W for ad valorem taxes. Conditions under which the obligation to pay the special tax may 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 t maximum present value of the special tax obligation. Notice is further given that upon the recording of this notice in the ofice of the County Record the obligation to pay the special tax levy shall become a lien upon all non-exempt real prope 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 Disti as they appear on the last secured assessment roll as of the date of recording of this Notice 3 the Assessor's tax parcel(s) numbers of all parcels or any portion thereof which are incluc within said territory to be annexed to this Community Facilities District are as set forth on 1 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 the County Recorder for the County of San Diego, State of California. 2. Boundary map of the original Community Facilities District recorded at Book 24, Page ! Document No. 90-674118, Maps of Assessment and Community Facilities Districts in 1 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 : Document No. 93-220163, Maps of Assessment and Community Facilities Districts in 1 office of the County Recorder for the County of San Diego, State of California. Boundary map of the Annexation Area No. 95/96-3 recorded at Book , Page - Document No. , Maps of Assessment and Community Facilities Districts in 1 office of the County Recorder for the County of San Diego, State of California. For further information concerning the current and estimated future tax liability of owners purchasers of real property subject to this special tax lien, interested persons should contact 1 following designated person: 4. Lisa Hildabrand, Finance Director City of Carlsbad 1200 Carlsbad Village Drive Carlsbad CA 92008 Telephone: (61 9) 434-2867 ALETHA L. RAUTENKRANZ, City Clerk City of Carlsbad State of California Date t I 0 CITY OF CARLSBAD e, - COMMUNITY FACILITIES DISTRICT NO. 1 EXHIBIT "A" PROPERTY CATEGORIES AND MAXIMUM TAX 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 Tho] District. Improvement Area I1 is for all remaining properties within the ( Facilities District, not within the Bridge & Thoroughfare District. RESIDENTIAL PROPER= ANNUAL SPECIAL TAX - UNDEVELOPED PROPERTY All taxable property prior to the issuance of a building permit shall be st the following maximum annual special taxes, subject to increases as s 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 772.00 760.00 Residential Medium 1,294.00 1,217 .OO Residential Medium to High 1,984.00 1,868.00 Residential High 2,793.00 2,739 .OO s SPECIAL DEVELOPMENT TAX - ONE TIME Upon the issuance of a building permit, all Residential properties shall bc to the following described SPECIAL DEVELOPMENT TAX - ONE TIME, also su increases as set forth herein, as follows: MAXIMUM SPECIAL DEVELOPMENT TAX - ONE TIME PER RESIDENTIAL DWELLING UNIT FOR FISCAL YEAR 1990/1991 IMPROVEMENT IMPROVEMENT I AREA I1 PROPERTY CATEGORY AREA I 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 i) @, m - COHMgRCXALf INDUSTRIAL ANID OTHgR 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, als 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 .oo 960.00 Agricultural Property -0- -0- All Commercial and Industrial Property, upon the issuance of a buildinc shall have the option to (1) pay the SPECIAL DEVELOPMENT TAX - ONE TIP as8ume the ANNUAL SPECIAL TAX - DEVELOPED PROPERTY for a period of not ' twenty-five (25) years, generally in the amounts per property category as fo 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 11 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 Campgr oun'd 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 6 L with Drive-thru 7.59 3.48 Bowling Center 6.63 2.83 Neighborhood Shopping Center 6.46 2 -27 Auto Car Wash 6.31 2.52 S C 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 Restaurant - Quality 6.57 3.09 t L 0, a 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 Discount Store 3.22 1.58 Golf Course 3.06 2.14 Church 2.99 1.94 Office - Government 2.93 1.08 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 If He1 iports $ 10.63 $ 3.67 Industrial-Commercial Business Park 2.14 1.51 All other Industrial Properties . not identified above 1.74 1.42 OR, IN THE AL!l"ATE, 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 various Commercial and Industrial Property categories as set forth abov amount applicable and annually adjusted for each Fiscal Year. ANNUAL TAX INCREASE I The above SPECIAL TAXES for the taxable properties are applicable for t year 1990/91, and are all subject to annual increases to reflect inc. 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 "E Change from Last Year" will annually inflate each of the Maximum Annual each year for properties as follows: construction costs. The Construction Cost Index of the Engineering Neh * 0, 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 fz however, the ANNUAL SPECIAL TAX - DEVELOPED PROPERTY shall not be levif 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 61 any annual special tax. Commercial & Industrial: The Commercial and Industrial properties, upon the issuance of a buildin5 have the option to (1) pay the SPECIAL DEVELOPMENT TAX - ONE TIME or (2) ab ANNUAL SPECIAL TAX - DEVELOPED PROPERTY, as set forth above. Upon the is€ any building permit, no further increase or escalation is authorized. funded and/or guaranteed, and the SPECIAL DEVELOPMENT TAX - ONE TIME has be ALWCATION OF COST AND TAX Total capital coats for all authorized facilities shall be allocated as 65%-to Residential property, 35% to Commercial & Industrial property. T 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 othe including sinking fund payments for future construction as applicable. Commercial & Industrial property shall be taxed in an amount sufficient to 35% share of facilities, which tax will include costs of issuance, inte other costs, including sinking fund payments for future construction as appl - WLLECTION OF ANNUAL TAX Residential: Determine monies necessary to make payment on bond debt service, replenish call bonds, pay bonds a9d Community Facilities District No. 1 administrati- and pay €or public capital facilities. FIRST: Reduce this amount by t collected from Special Development Tax - One Time levied against re properties. SECOND: The remaining funds needed are to be collected by thc the annual Special Tax - Undeveloped Property on undeveloped taxable re acreage, in the proportional amounts for each property category as require{ exceed the maximum authorized tax. e . 0, 0 .. a Commercial and Industrial: Determine monies necessary to make payment on bond debt service, replenish call bonds, pay bonds and Community Facililies District No. 1 administrati\; and pay for current or future public capital facilities. FIRST: Reduce khi by the funds collected from Special Development Tax - One Time and annual Tax - Developed Property levied against commercial and industrial prc SECOND: Levy the annual Special Tax - Undeveloped Property on undeveloped commercial and industrial acreage in the proportional amounts for each category as required, not to exceed the maximum tax. *** - .I * c 0 e .- c CITY OF CARLSBAD COMMUNITY FACILITIES DISTRICT NO. 1 PROPERTY OWNER NAME AND ASSESSORS PARCEL NUMBERS "EXHIBIT B" Property Owner: Carlsbad Partners, Ltd. Assessor's Parcel Numbers: 21 6-1 22-24-00 21 6-1 22-36-00 21 6-1 22-37-00 255-01 1-08-00 255-01 1-09-00 255-01 1-1 0-00 255-01 1-1 2-00 255-01 1-1 3-00 255-01 1-1 4-00 255-021 -05-00 255-021 -06-00 255-021 -07-00 255-021 -08-00 I 1 .. e 0 .- - CERTIFICATION OF PROJECT MANAGER The undersigned is the duly appointed and acting PROJECT MANAGER for the proceedir relating to the arrnexation of property to the District. That on the 5’<&day of H (3-h/) , 1996, I did review the signatures as contained the CONSENT AND ELECTION TO ANNEX REAL PROPERTY TO AN EXISTING COMMUNI FACILITIES DISTRICT, and hereby certify and state as follows: 1. That I caused said Consent and Election to be examined, and my examination revealed proposed to be annexed to the District or their duly authorized representatives, and that said persons were the authorized persons to sign on behalf of the owners or the property within the boundaries of the territory proposed to be annexed to the District. 2. That said Consent and Election did contain the signatures representing 100% of all of the qualified electors within the property proposed to be annexed to the District. EXECUTED this ??’& day of that said Consent and Election had been signed by all qualified electors of the property LCbi , 1996, at Carlsbad, California. I igid*L ISA HILDABFWND Project Manager Carlsbad , California ESTABLISHED MAXIMUM FISCALYEAR 1995-96 ANNEXATION MAXIMUM ACTUAL LEVY FC M 1995-96 1995 RESIDENTIAL UNDEVELOPED LAND USE: RESIDENTIAL LOW (RL) RESIDENTIAL LOW MEDIUM (RLM) RESIDENTIAL MEDIUM (RM) RESIDENTIAL HIGH (RH) RESIDENTIAL MEDIUM HIGH (RMH) NON-RESIDENTIAL UNDMLOPED LAND USE: COMMERCIAL PROPERTY INDUSTRIAL PROPERTY AGRICULTURAL PROPERTY PER NET ACRE PER NET ACRE PER NET ACRE PER NET ACRE PER NET ACRE PER NE' $294 5157 $305 0512 $308 3703 $308 3703 5217 9416 %X 809 1322 8380767 ' 8471952 847 1952 598 7578 68 1,3562396 1,4047555 1,4200397 1,4200397 1,0036173 1,OS 2,927 3395 3,032.05731 3,065.0470 3,065 0470 2,166 2312 2.24 PER NET ACRE/ PER NET ACRE PER NET ACRE PER NET ACRE PER NET ACRE PER NEl $2,515 4367 1 $2,605 4198 $2,633 7676 $2,633.7676 $965 1731 $99 2.0794277 2,153.81371 2,1772479 2.1772479 1,5387765 1.59 1,2577184' 1,3027099 1.3168838 1.3168838 482 5865 49 0 0000 ! 0 0000 0 0000 0 OOOO 0 0000 iW3DEm PmERN UNDEVELOPED LAND USE: RESIDENTIAL LOW (RL) RESIDENTIAL LOW MEDIUM (RLM) RESIDENTIAL MEDIUM (RM) RESIDENTIAL MEDIUM HIGH (RMH) RESIDENTIAL HIGH (RH) PER NET ACRE] PER NET ACRE PER NET ACRE PER NET ACRE1 PER NET ACRE1 PER NE1 $290 3233 1 $300 7089 $303 9807 $303 9807 I $214 8393 I $22 796 5550 i 825 0496 834 0264 834 0264 I 58945071 61C 1,275 5361 1.321 1650 1,335 5396 1,335 5396 I 943 8967 I 97i 1.957 8483 2,027 8851 1 2,049 9491 2,049 9491 I 1.448 8077 ~ 1,50( 2,870 7422 2.973 4353 1 3,005 7873 3.005 7873 I 2,124 3492 1 2,20( NON-RESIDENTIAL UNDMLOPED LAND USE: 1 PER NET ACRE PER NET ACRE1 PER NET ACRE] PER NET ACRE COMMERCIAL PROPERTY ! $1,676 9578 $1 736 9465 I $1.755 8451 1 $1,755 8451 INDUSTRIAL PROPERTY 1 1,006 1747 ' 1.042 1679 I 1,053 5070 I 1,053 5070 AGRICULTURAL PROPERTY 1 0 0000 0 0000 I 0oO00~ 0 0000 PER NET ACRE1 PER NET $643 4487 I 6666 386 0692 j 392 0 0000 1 c TAX ON DEVELOPED PROPERTY MAXIMUM PERCENTAGE OF THE SPECIAL DNELOPMENTTM - ONE-TIME ACTUAL PERCENTAGEOF THE SPECIAL DEVELOPMENT TAX - ONE-TIME FOR 1995 -96 %O RESIDENTIAL DEVELOPED LAND USE: RL (0 - 1.5 DU/AC) RLM (1 -51 TO 4.0 DU/AC) RM (4.1 TO 8.0 DU/AC) RMH (8.1 TO 15.0 DU/AC) RH (15.1 TO 23.0 DU/AC) PERDU. $4,885.6389 4,885.6389 3,083.7029 3,083.7029 3,083.7029 1 J May 29, 1996 Attention: F. Mackenzie Brown Brown, Diven & Hentschke 12770 High Bluff Drive, Suite 240 San Diego, CA 92130 RE: COMMUNITY FACILITIES DISTRICT NO. 1 Enclosed are copies of the following: 1. Amendment to the Notice of Special Tax Lien (Notice of Annexation). Boundary Map - Annexation No. 95/96/2. Certification of Compliance with Notice Requirements - Community Facilities District No. 1 - Future Annexation Area. 2. Amendment to the Notice of Special Tax Lien (Notice of Annexation). Boundary Map - Annexation No. 95/96/3. Certification of Compliance with Notice Requirements - Community Facilities District No. 1 - Future Annexation Area. If there are any questions, please feel free to call this office. ll4kdLR- ti?* ALETHA L. RAUTENKRANZ, CMC City Clerk ALR: lw Enclosures 1200 Carlsbad Village Drive - Carlsbad, California 92008-1 989 - (61 9) 434-2E A 0, 6 'I CERTIFICATE OF COMPLIAIKE WITH NOTICE REQWIREMENTS COMMUNITY FACILITIES DISTRICT NO. 1 FUTURE ANNEXA'kION AREA STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CARLSBAD The undersigned, under penalty of perjury, CERTIFIES AS FOLLOWS: The undersigned is now, and at all times mentioned herein was, the duly c and acting CITY CLERK of the CITY OF CARLSBAD, CALIFORNIA, and as such, accc the notice requirements in connection with the referenced Community FE District, as noted: CONSENT AND ELECTION The CONSENT AND ELECTION was certified and filed by the Property Manager sc that all property owners of record of the proposed Annexed Area have si. CONSENT AND ELECTION for annexation to the original Community Facilities Dist RESOLUTION CERTIFYING AND ADDING PROPERTY The RESOLUTION CERTIFYING AND ADDING PROPERTY was approved and adopted by th lative body of the Community Facilities District on the 1Lff4 day of mA r 19%. RECORDING That the BOUNDARY MAP of the Annexed Area was filed in the Office of the Recorder within fifteen (15) days of certifying and adding property to the ( Community Facilities District, said recordation being accomplished on the & of MA'? 1 19%- 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 certify adding property to the original Community Facilities District, said recc being accomplished on the 320th daq of MA y , 19%. EXECUTED this 29s-k, day of m,qf , 19&, at Carlsbad, California. CITY CLERK 1 CITY OF CARLSBAD STATE OF CALIFORNIA 'r W 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 Code and Sc 53339.8 of the Government Code, the undersigned CITY CLERK of the legislative body 1 CITY OF CARLSBAD, COMMUNITY FACILITIES DISTRICT NO. 1, ANNEXATION NO. 95/ STATE OF CALIFORNIA, HEREBY GIVES NOTICE that a lien is hereby imposed to s payment of a special tax which the City Council of the City of Carisbad, County of San C State of California, is authorized to annually levy for the following purpose: To pay for certain public capital facilities, including the payment of principal and interes on bonds, said facilities generally described as the construction and installation c purchase of the following: 1. 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 II. Park improvements generally designated as the MACARIO 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. warehouse facilities at the public safety center. The special tax is authorized to be levied within Community Facilities District No. I, Anne: No. 95/96-3 , which has now been officially farmed, and the lien of the special tax is a con$ lien which shall secure each annual levy of the special tax and which shall continue in forc effect until the special tax obligation is prepaid, permanently satisfied and cancel accordance with law or until the special tax ceases to be levied and a notice of cessat 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 att; referenced and incorporated Exhibit "A", and the special tax shall be collected in the manner as ordinary ad valorem property taxes are collected and shall be subject to the penalties and the same procedure, sale and lien priority in case of delinquency as is prov .4 w m -I for ad valorem taxes. Conditions under which the obligation to pay the special tax may 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 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 Recorc the obligation to pay the special tax levy shall become a lien upon all non-exempt real propc within the District in accordance with Section 31 15.5 of the Streets and Highways Code. The names of the owner(s) of the real property included within the Community Facilities Dist as they appear on the last secured assessment roll as of the date of recording of this Notice i the Assessor's tax parcel(s) numbers of all parcels or any portion thereof which are incluc within said territory to be annexed to this Community Facilities District are as set forth on 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 the County Recorder for the County of San Diego, State of California. 2. Boundary map of the original Community Facilities District recorded at Book 24, Page Document No. 90-6741 18, Maps of Assessment and Community Facilities Districts in office Of the County Recorder far the County of San Diego, State of California. 3. Boundary map of the Future Annexation Area District recorded at Book 27, Page Document No. 93-220163, Maps of Assessment and Community Facilities Districts in . office of the County Recorder for the County of San Diego, State of California. 4. Boundary map of the Annexation Area No. 95/96-3 recorded at Book _=41 , Page E Document No9b-Zs391, Maps of Assessment and Community Facilities Districts in 1 office of the County Recorder for the County of San Diego, State of California. For further information concerning the' current and estimated future tax liability of owners purchasers of real property subject to this special tax lien, interested persons should contact 1 following designated person: Lisa Hildabrand, Finance Director City of Carisbad 1200 Carisbad Village Drive Carlsbad CA 92008 Telephone: (629) 434-2867 Izul /7 /PY( @ate I &-@zd&&?& ALETHA L. RAUTENKRANZ City Cle$ City of Carlsbad State of California 0 CITY OF CARLSBAD COMMUNITY FACILITIES DISTRICT NO. 1 -I **a EXBIBIT "A" PROPERTY CATEGORIES AND MAXIMUM TAX ~ll taxable property within the boundaries of the Future Annexa- tion Arei subject to ANNUAL SPECIAL TAXES as applicable based upon the rates as e for the original Community Facilities District No. 1 and further based property categories, maximum tax rates, increases and etatus of the if building permits, all as hereinafter set forth. Improvement Area I refe properties within the boundaries of the City of Carlsbad Bridge and Thl District. Improvement Area I1 is for 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 5 the following maximum annual special taxes, subject to increases as herein : MAXIMUM ANNUAL SPECIAL TAX - UNDEVELOPED PROPERTY PER DEVELOPABLE ACRE FOR FISCAL YEAR 1990/1991 IMPROVEMENT IMPROVEMENT PROPERTY CATEGORY AREA I AREA 11 Residential Low $ 281.00 $ 277.00 Residential Low to Medium 772.00 760.00 Residential Medium 1,294.00 1,217.00 3,984.00 1,868.00 Residential Medium to High Residential High '2,793.00 2,739 .OO . SPECIAL DEVELOPMENT TAX - ONE TIME Upon the issuance of a building permit, all Residential properties shall b to the following described SPECIAL DEVELOPMENT TAX - ONE TIME, also SI increases as set forth herein,' as follows: MAXIMUM SPECIAL DEVELOPMENT TAX - ONE TIME PER RESIDENTIAL DWELLING UNIT FOR FISCAL YEAR 1990/1991 IMPROVEMENT IMPROVEMENT AREA I AREA I1 PROPERTY CATEGORY Residential Low $ 4,452.00 S 3,835.00 ' Residential Low to Medium 4,452.00 3,835.00 Residential Medium 2,810.00 2,312.00 2,810.00 2,312.00 Residential Medium to High Residential High 2,810 -00 2,312.00 w, 0 CoHHgRCxAL, INDDSTRIAt AND OTBER PROPERTY ANNUAL SPECIAL TAX - UNDEVELOPED PROPERTY All taxable Commercial and Industrial Property prior to the issuance Of permit shall be subject to the following maximum annual special taxes, a1 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 braperty -a- -0- All Commercial and Industrial Property, upon the issuance of a buildir assume the ANNUAL SPECIAL TAX - DEVELOPED PROPERTY for a period of not twenty-five (25) years, generally in the amounts per property category as fl shall have the Option to (1) pay the SPECIAL DEVELOPMENT TAX - ONE TI MAXIMUM SPECIAL DMELOPMENT 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 Campgroun‘d 17.51 4.99 Restaurant - Sit Down 15.17 4.73 Marina 14.85 4.41 Bank - Walk In 12. a3 4.60 Auto - Gasoline 8.11 2.89 Grocery Store 7.78 2.56 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 C 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 S C L with Drive-thru 7.59 3.48 Hospital - General 3.88 3.19 WI 0 *> IMPROVEMENT IMPROVEMENT COMMERCIAL USE DESIGNATIONS AREA I AREA I1 Hotel - Conv. Fac/Com. 3.47 2.52 Auto - Repair 61 Sales 3.41 1.58 Regional Shopping Center 3.35 1.61 Discount Store 3622 1.50 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 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 1 Office - Commercial, 100,000 SF 2-56 1.75 University 2.26 1:91 Junior College 2.19 1.90 All other Commercial Properties 2.14 1.44 not indent if ied above IMPROVEMENT IMPROVEMENT INDUSTRIAL USE DESIGNATIONS AREA I AREA I1 Heliports S 10.63 S 3.67 Industrial-Commercial Business Park 2.14 1.51 All other Industrial Properties . not identified above * 1.74 1.42 OR, IN TBE 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 Tim various Commercial and Industrial Property categories as set forth abo amount applicable and annually adjusted for each Fiscal Year. ANNUAL TAX INCREASE The above SPECIAL TAXES for the taxable properties are applicable for t year 1990/91, and are all subject to annual increases to reflect inc construction costs. The Construction Cost Index of the Engineering Net 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 "1 Change from Last Year" will annually inflate each of the Maximum Annual each year for properties as follows: VI 0 A. PROPERTIES WITHIN THE DISTRICT: Not to exceed 50% of the above-referenced increase. I E. 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 j funded and/or guaranteed, and the SPECIAL DEVELOPMENT TAX - ONE TIME has f however, the ANNUAL SPECIAL TAX - DEVELOPED PROPERTY shall not be levi period in excess of twenty-five (25) years per parcel. Residential: Once a building permit has been issued for Residential property and th DEVELOPMENT TAX - ONE TIME has been paid, the property no longer will be E any annual special tax. Commercial & Industrial: The Commercial and Industrial properties, upon the issuance of a buildin have the option to (1) pay the SPECIAL DEVELOPMENT TAX - ONE TIME or (2) a ANNUAL SPECIAL TAX - DEVELOPED PROPERTY, as set forth above. Upon the is any building permit, no further increase or escalation is authorized. ALLOCATION OF COST AM) TAX Total capital costs for all authorized facilities shall be allocated as 65%-to Residential property, 35% to Commercial bi Industrial property. I cost8 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 0th including ainking fund payments for future construction as applicable. Commercial & Industrial property shall be taxed in an amount sufficient to 35% share of facilities, which tax will include costs of issuance, int€ other costs, including sinking fund payments for future construction as appl . COUECTION OF ANNUAL TAX Residential : Determine monies necessary to make payment on bond debt service, replenish call bonds, pay bonds a?d Community Facilities District No. 1 administrati and pay for public capital facilities. FIRST: Reduce this amount by 1 collected from Special Development Tax - One Time levied against re! properties. SECOND: The remaining funds needed are to be collected by thr the annual Special Tax - Undeveloped Property on undeveloped taxable re! acreage, in the proportional amounts for each property category as requirec exceed the maximum authorized tax, -. w Commercial and Industrial: Determine monies necessary to make payment on bond debt service, replenif call bonds, pay bonds and Community Facililies District No. 1 administrat by the funds collected from Special Development Tax - One Time and annu Tax - Developed Property levied against commercial and industrial I SECOND: Levy the annual Special Tax - Undeveloped Property on undevelog commercial and industrial acreage in the proportional amounts for eac category as required, not to exceed the maximum tax. I and pay for current Of: future public capital facilities. FIRST! Reduce t *** - v w 0 CITY OF CARLSBAD COMMUNITY FACILITIES DISTRICT NO. 1 PROPERTY OWNER NAME AND ASSESSORS PARCEL NUMBER3 "EXHIBIT B" I Property Owner: Carlsbad Partners, Ltd. Assessor's Parcel N urn bers : 2 I 6-1 22-24-00 2 1 6-1 22-36-00 2 1 6- 1 22-37-00 255-01 1-08-00 255-01 1-09-00 255-01 1-1 0-00 255-0 1 1-1 2-00 255-01 1-1 3-00 255-01 1-1 4-00 255-021 -05-00 255-021 -06-00 255-021 -07-00 255-021 -08-00 , a==+ 8 $QC!-*fiyg! !~ -2 3 1 ..' 70 'VL=J=, %Q-p!&y-~$jy& 03 0 1367 WHEN RECORDED, RETURN TO: CITY CLERK CITY OF CARLSBAD 1200 CARLSBAD VILLAGE DRIVE CARLSBAD, CA 92008 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 Sect 53339.8 of the Government Code, the undersigned CITY CLERK of the legislative body of CITY OF CARLSBAD, COMMUNITY FACILITIES DISTRICT NO. 1, ANNEXATION NO. 95/96. STATE OF CALIFORNIA, HEREBY GIVES NOTICE that a lien is hereby imposed to Secl payment of a special tax which the City Council of the City of Carlsbad, County of San Die! State of California, is authorized to annually levy for the following purpose: 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. 11. Park improvements generally designated as theMACARlO CANYON PARK. Ill. Major street improvements in portions of the following designated public streets: FARADAY AVENUE, CANNON ROAD, LA COSTA AVENUE, OLIVENHAIN ROADIRANCHO SANTA FE ROAD &LEUCADlA 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, Annexatic No. 95/96-2 , which has now been officially formed, and the lien of the special tax is a continuii lien which shall secure each annual levy of the special tax and which shall continue in force ai effect until the special tax obligation is prepaid, permanently satisfied and canceled accordance with law or until the special tax ceases to be levied and a notice of cessation 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 attache referenced and incorporated Exhibit "A", and the special tax shall be collected in the sar manner as ordinary ad valorem property taxes are collected and shall be subject to the sar, penalties and the same procedure, sale and lien priority in case of delinquency as is provided 0 0 e3 for ad valorem taxes. Conditions under which the obligation to pay the special tax may 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 1 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 Record the obligation to pay the special tax levy shall become a lien upon all non-exempt real prop€ 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 Dist as they appear on the last secured assessment roll as of the date of recording of this Notice a the Assessor's tax parcel(s) numbers of ail parcels or any portion thereof which are incluc within said territory to be annexed to this Community Facilities District are as set forth on i 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 the County Recorder for the County of San Diego, State of California. 2. Boundary map of the original Community Facilities District recorded at Book 24, Page ! Document No. 90-674118, Maps of Assessment and Community Facilities Districts in i 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 : Document No. 93-220163, Maps of Assessment and Community Facilities Districts in '- office of the County Recorder for the County of San Diego, State of California. Boundary map of the Annexation Area No. 95/96-2 recorded at Book 50 , Page e Document Noqt - Z~Y97QMaps of Assessment and Community Facilities Districts in t office of the County Recorder for the County of San Diego, State of California. For further information concerning the current and estimated future tax liability of owners purchasers of real property subject to this special tax lien, interested persons should contact t following designated person: 4. Lisa Hildabrand, Finance Director City of Carlsbad 1200 Carlsbad Village Drive Carlsbad CA 92008 Telephone: (619) 434-2867 Ty1 17 - City of Carlsbad State of California 0 CITY OF CARLSBAD 0, COMMUNITY FACILITIES DISTRICT NO. 1 EXHIBIT "A" PROPERTY CATEGORIES AND MAXIMUM TAX All taxable property within the boundaries of the Future Annexa- tion Area subject to ANNUAL SPECIAL TAXES as applicable based upon the rates a6 esi 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 Carfsbad Bridge and Tho1 District. Improvement Area I1 is for 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 s 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 772.00 760.00 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 be to the following described SPECIAL DEVELOPMENT TAX - ONE TIME, also suk increases as set forth herein, as follows: MAXIMUM SPECIAL DEVELOPMENT TAX - ONE TIME PER RESIDENTIAL DWELLING UNIT FOR FISCAL YEAR 1990/1991 IMPROVEMENT IMPROVEMENT .. AREA I AREA XI Residential Low $ 4,452.00 $ 3,835.00 Residential Low to Medium 4,452 - 00 3,835.00 PROPERTY CATEGORY 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, 0 aIMMERCIAL, INDUSTRIAL ANIl OTHER PROPERTY ANNUAL SPECIAL TAX - UNDEVELOPED PROPERTY All taxable Commercial and Industrial Property prior to the issuance of e permit shall be subject to the following maximum annual special taxes, a15 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 issuance of a buildin shall have the option to (1) pay the SPECIAL DEVELOPMENT TAX - ONE TIP assume the ANNUAL SPECIAL TAX - DEVELOPED PROPERTY for a period of not twenty-five (25) years, generally in the amounts per property category as fo MAXIMUM SPECIAL DEVELOPMENT TAX - ONE TIME FOR FISCAL YEAR 1990/91 PER SQUARE FOOT OF BUILDING AREA PROPERTY CATEGORY - IMPROVEMENT IMP ROVEME NT 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 CampgrounZl 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 2.03 Restaurant - Quality 6.57 3.09 Neighborhood Shopping Center 6.46 2.27 Auto Car Wash 6.31 2.52 S t L - Walk In 5.51 3.03 Race Track 5.10 2.33 Library 4.26 2.86 Hospital - General 3.88 3.18 Community Shopping Center 4.24 1.80 1 0 IMPROVEMENT IMPROVEMENT COMMERCIAL USE DESIGNATIONS AREA I AREA I1 Hotel - Conv. Fac/Comm. 3.47 2.52 Auto - Repair 6i 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 6. 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 Office - Medical 2.42 2.07 Hospital - Convalescent 2.33 2.23 Indoor Sports. Arena 2.33 2.23 Lumber/Hardware St ore 2.47 1.58 Resort Hot el 2.30 1.98 University 2.26 1:91 Junior College 2.19 1.90 All other Commercial Properties 2.14 1.44 not indentif ied above IMPROVEMENT IMPROVEMENT INDUSTRIAL USE DESIGNATIONS AREA I AREA I1 He 1 iport s $ 10.63 $ 3.67 Industrial-Commercial Business Park 2.14 1.51 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 "Maximurn Special Development Tax - One Time various Commercial and Industrial Property categories as set forth abov amount applicable and annually adjusted for each Fiscal Year. ANNUAL TAX INCREASE . The above SPECIAL TAXES for the taxable properties are applicable for th year 1990/91, and are all subject to annual increases to reflect incr construct ion costs. The Construct ion Cost Index of the Engineering New! 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 "Pt Change from Last Year" will annually inflate each of the Maximum Annual 'I each year €or properties as follows: e, 0 1 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 i however, the ANNUAL SPECIAL TAX - DEVELOPED PROPERTY shall not be levi period in excess of twenty-five (25) years per parcel. Residential: Once a building permit has been issued for Residential property and thc DEVELOPMENT TAX - ONE TIME has been paid, the property no longer will be 8 any annual special tax. Commercial & Industrial: The Commercial and Industrial properties, upon the issuance of a buildin5 have the option to (I) pay the SPECIAL DEVELOPMENT TAX - ONE TIME or (2) a! ANNUAL SPECIAL TAX - DEVELOPED PROPERTY, as set forth above. Upon the isf any building permit, no further increase or escalation is authorized. funded and/or guaranteed, and the SPECIAL DEVELOPMENT TAX - ONE TIME has b ALLOCATION OF COST AND TAX Total capital costs for all authorized facilities shall be allocated as 65%-to Residential property, 35% to Commercial & Industrial property. 1: costs exclude costs of issuance a8 needed. Residential property shall be taxed in an amount sufficient to meet the 65% facilities, which tax will include costs of issuance, interest and othe including sinking fund payments for future construction as applicable. Commercial & Industrial property shall be taxed in an amount sufficient to 35% share of facilities, which tax will include costs of issuance, inte other costs, including sinking fund payments for future construction as appli - COLLECTION OF ANNUAL TAX Residential: Determine monies necessary to make payment on bond debt service, replenish call bonds, pay bonds aTd 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 properties. SECOND: The remaining funds needed are to be collected by the the annual Special Tax - Undeveloped Property on undeveloped taxable res acreage, in the proportional amounts €or each property category a6 required exceed the maximum authorized tax. I 0, 0 Commercial and Industrial: Determine monies necessary to make payment on bond debt service, replenish call bonds, pay bonds and Community Facililies District No. 1 administrati and pay for current or future public capital facilities. FIRST: Reduce th Tax - Developed Property levied against commercial and industrial pr SECOND: Levy the annual Special Tax - Undeveloped Property on undevelope commercial and industrial acreage in the proportional amounts for each category as required, not to exceed the maximum tax. by the funds collected from Special Development Ta& - One Time and annUa *** - ' e 0 .' CITY OF CARLSBAD COMMUNITY FACILITIES DISTRICT NO. I PROPERTY OWNER NAME AND ASSESSORS PARCEL NUMBER! "EXHIBIT B" Property Owner: North San Diego County Transit Developm Board Assessor's Parcel Numbers: 2 14-01 0-1 0-00