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HomeMy WebLinkAbout1996-11-05; City Council; 13881; COMMUNITY FACILITIES DISTRICT NO. 1 ANNEXATION NO. 96/97-1 RANCHO CARRILLO VILLAGES E, J AND K.*r .. MTG. 11/05/96 ANNEXATION NO. 96/97-1 RANCHO CARRILLO VILLAGES E, J AND K RECOMMENDED ACTION: Adopt Resolution No.?& -363 certifying and adding property to an existing Cc Facilities District. ITEM EXPLANATION: Property owners of vacant land in Carlsbad and the City worked together Community Facilities District (CFD) No. 1. The CFD provides funding for a \ infrastructure projects which will be necessary to meet the requirements of th( Management Program. Council formed CFD No. 1 in 1991, following an elc property owners for a special tax to be levied upon their property to fund constr acquisition of the capital projects. The Carlsbad philosophy is that CFD financing is not intended to relieve any owner of the responsibility to provide funding for infrastructure improvements r a single development. No homeowner in Carlsbad is affected by a City CFD our guidelines ensure that the obligation on a residential unit is paid in full \ building permit is issued. No homeowner will pay City-imposed Mello-Roos taxe Many Local Facilities Management Zones were not included in CFD No 1. An proceedings were anticipated to occur as each zone progressed throi development process. With the exception of the more developed areas, each zl requires either annexation to the CFD or developer funding of all required faciliti In April 1993, Council authorized future annexation of the remaining undevelol into CFD No. 1. This action permits developers to use the simplified an procedure and allows development to proceed without additional public he: special elections. The simplified annexation procedure lets property administratively petition to annex into CFD No. I. Upon Council approval, pro] be annexed into CFD No. 1, thus fulfilling their obligation for certain public facilii Annexation No. 96197-1 - Rancho Carrillo Villages E, J and K As a condition of approval for CT 95-06 and PUD 95-04, Rancho Carrillo Village and K are required to annex into CFD No. 1. The applicant, Continental Homes completed the required Consent and Election to Annex Property into CFD No. 1 2) and accepted the boundary map showing the proposed area to be annexed (E 3).CounciI may formally authorize the annexation by certifying and adding the pr into the original Community Facilities District. After Council authorization, a Not Annexation (Exhibit 4) will be filed with the County Recorder as a lien against thc h .. z 0 F 0 a 4 0 - Z 3 0 0 Page 2 of Agenda Bill a, /3,2?w 0 FISCAL IMPACT: When CFC No. 1 was established, it was anticipated that all vacant, undevl underdeveloped land would annex as it developed, thus providing the news: flow to finance the construction of certain public facilities. The property being annexed has been approved for the development of IC residential units and 181 single family detached units. The property will be ! CFD No. I Special Tax - Undeveloped Property beginning in fiscal year 1997 1997/98 levy is unknown at this time, however, using the 1996197 tax rates, thc be approximately $58,000. The property is also subject to the CFD No. * Development Tax - One-Time at the time of building permit issuance. Again, 1996197 tax rates, this tax is estimated at $1.2 million dollars. Through the use of the simplified annexation procedure, both the City and the c able to avoid election costs and additional time delays. A fee of $480 annexation processing, map preparation, and filing costs will be paid by the I owner. EXHIBITS: 1. Resolution No.?& -JL9, certifying and adding property to an existing CFD. 2. Consent and Election to Annex Real Property to an Existing Community District. 3. Boundary Map of the area to be annexed. 4. Notice of Annexation. 5. Community Facilities District No. I 1996-97 maximum tax rates. F - I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 l8 19 20 21 22 23 24 25 26 27 28 0 e RESOLUTION NO. 96-367 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 loa Agency"), has previously formed a Community Facilities District pursuar 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 o the State of California, said Article 3.5 thereof. The existing Cornmunit! Facilities District being designated as COMMUNITY FACILITIE: DISTRICT NO. 1 (hereinafter referred 80 as the "District"); and WHEREAS, the legislative body has also established i procedure to allow and provide for future annexations to the origina District and the area proposed to be annexed in the future wa designated as COMMUNITY FACILITIES DISTRICT NO. 1, FUTURf ANNEXATION AREA (hereinafter referred to as the "Future Annexatior Area"); and WHEREAS, at this time the unanimous consent of the propert! owner or owners of certain specific territory proposed to be annexed ha! been received, and said territory has been designated as ANNEMTIOF NO. 96197-1 (hereinafter referred to as the "Annexed Area"); and ill L 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 I.8 19 20 21 22 23 24 25 26 27 28 0 0 WHEREAS, the map showing the specific territory to be annexed and designated as the Annexed Area as submitted is herebl approved by this legislative body. NOW, THEREFORE, BE IT RESOLVED by the City Council o the'City of Carlsbad, California as follows: RECITALS SECTION 1. The above recitals are all true and correct. AN N EXAT I 0 N C E RTI F I CAT I 0 N SECTION 2. That this legislative body does hereby determint 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 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: SECTION 3. 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 annexatior and the name of the District, a copy of which is on file and shall remair open for public inspection. Ill Ill 1 2 3 4 5 6 7 a 9 10 lL 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 e 0 FINDINGS SECTION 4. That this legislative body does hereby furthe determine as follows: A. That the unanimous consent to the annexation a sub-mitted 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 thl authorized special taxes within the Annexed Area to pay for the District' public facilities. The property being annexed will be subject to a applicable special taxes upon annexation. The Annual Special Tax Undeveloped Property will commenw fiscal year 1997-98. C. That the Annexed Area is formally added to and becomes l part of the District. NOTICE SECTION 5. That immediately upon adoption sf thi Resolution, notice shall be given as follows: A. A copy of the annexation map as approved shall b immediately, and at least within fifteen (15) days of adoption of thi Resolution, filed in the office of the County Recorder. Ill Ill ? 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 15 17 18 19 20 21 22 23 24 25 26 27 28 0 0 B. Also within said fifteen (15) days, an amendment to the Notice of Special Tax Lien (Notice of Annexation) shall be recorded in the office of the County Recorder. PASSED, APPROVED AND ADOPTED at a regular meeting 01 the'City Council on the 5th day of NOVEMBER, 1996, by the followinc vote, to wit: AYES: Council Members Lewis , Nygaard, Kulchin, Finnila NOES: None ABSENT: None ATTEST: I I KAREN && R. KUNDTZ, TE ssistant RANZ, City City Clerk Clerk (SEAL) : 1 0 CONSENT AND ELECTION TO ANNEX REAL PROPERTY TO AN EXISTING COMMUNITY FACILITIES DISTRICT CITY OF CARLSBAD COMMUNITY FACILITIES DISTRICT NO. 1 TO: LEGISLATIVE BODY COMMUNITY FACILITIES DISTRICT NO. 1 1. The undersigned is the owner, or duly authorized representative of said owner, c the property as shown on the attached map (the “Owner”), and is the appropriat person with legal authorization to sign this consent, vote and elect to anne property to the District. The Owner is aware of and understands the following: A. The City of Carlsbad has conducted proceeding pursuant to the “Mello-Roa Community Facilities District Act of 1982” (Government Code Section 533 1 and following) (the “Act”) to form a ccmmunity facilities district known an designated as COMMUNITY FACILITIES DISTRICT NO. 1 (the “District” for purposes of the construction, installation and financing of major publi capital facilities to serve and benefit properties within the boundaries of th District. 2. B. Proceedings have also been authorized to allow annexation of property in th hture to said District; however, any hture annexation is conditioned upon th3 unanimous consent of the owner or owners of each parcel or parcels at thc time of the proposed annexation. C. That the Owner is the owner of property subject to annexation as said area i shown on a map attached hereto, referenced and incorporated, marked ani designated as the ANNEXED AREA. D. That the map attached hereto shows the developable area pursuant to the Cit General Plan land use, and includes all applicable Assessor’s parcel number for the property being annexed. E. The property being annexed will be subject to all applicable special taxes up01 annexation. The Annual Special Tax - Undevelopable Property will comencl in fiscal year 7997- 1998 , Appendix D - Page 1 0 0 THE UNDERSIGNED DOES HEREBY CERTIFY UNDER PENALTY OF PERJUR’I AS FOLLOWS: 3. The Owner does consent to and approve the annexation of the Annexed Area to the District without any additional krther public hearings and without any Ikrther election proceedings challenging the validity of the following: 0 Pioceedings for the formation of the District 0 Proceedings to annex property in the future 0 Specific annexation proceedings for the Annexed Area requirements. The Owner brther waives the right to protest, object to or initiatt I 4. The Owner specifically authorizes the Ievy of the previously approved special taxes on all properties within the boundaries of the Annexed Area to pay for the authorized public facilities and/or to assist in the payment for bonded indebtedness of the Community Facilities District. 5. The Owner acknowledges the map attached and states that said map properly shows the property to be annexed and the net developable acres per general plan land use. EXECUTED this 9% day of D&L-, 19 9& , in sw &/e60 , California. BW/b #* LtKe Type or print name of signer. )5ZGLi2/Br& Siinature Notary Area: (If additional signatures are required, please attach additional pages.) If the signer is signing of behalf of a corporation or partnership, a resolution passed by the board of directors identifying the name(s) of authorized signers must be attached. Appendix D - Page 2 CALIFORNIA ALL-PU &E ACKNOWLEDGMENT e personally appeared Name($ of Slgner(s) Npersonally known to me proved to me on the basis of satisfactory evidence to be the person p whose name($@#e subscribed tc within instrumen and knowledged to me tha@'$e/ executed the ame i&/tp5r/tW authorized capacity( and that b&/tpelr signature# on the instrurnenl personH, or the entity upon behalf of which the perso acted, executed the instrument. WITNESS my hand and official seal. Though the information below IS not required by law, it may prove valuable to persons relying on fhe document and could prei fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Ao7tX-c Number of Pages: & Signer@) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: bAVld A. LO7iYfiZ Signer's Name: Cl Individual Corporate Officer 0 Corporate Officer Title(s): Vie 7~ES~DCNT Title(s): 0 Partner - 0 Limited 0 General 0 Partner - Limited 0 General 0 Guardian or Conservator 0 Guardian or Conservator Signer Is Representing: Signer Is Representing: 0 1996 National Notary Association 8236 Remmet Ave , PO Box 7184 Canoga Park, CA 91309-7184 Prod No 5907 Reorder Call Toll-Fi z5g LL 0 !I .t- !I p =a z: .I - w w I ij & $8 VI ji In $5& >.= f2 E- t i :ij 3 ; : j; iI Ca - 0 0 EXHlE 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 Se( 53339.8 of the Government Code, the undersigned CITY CLERK of the legislative body 01 CITY OF CARLSBAD, COMMUNITY FACILITIES DISTRICT NO. 1 , ANNEXATION NO. 9619 STATE OF CALIFORNIA, HEREBY GIVES NOTICE that a lien is hereby imposed to se payment of a special tax which the City Council of the City of Carlsbad, County of San Di 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. 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, Annexa No. 96197-1 , which has now been officially formed, and the lien of the special tax is a contini lien which shall secure each annual levy of the special tax and which shall continue in force effect until the special tax obligation is prepaid, permanently satisfied and cancelec accordance with law or until the special tax ceases to be levied and a notice of cessatioi 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 attach manner as ordinary ad valorem property taxes are collected and shall be subject to the sa penalties and the same procedure, sale and lien priority in case of delinquency as is provide referenced and incorporated Exhibit "A', and the special tax shall be collected in the s2 0 a for ad valorem taxes. Conditions under which the obligation to pay the special tax mE 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 ( 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 Rea the obligation to pay the special tax levy shall become a lien upon all non-exempt real prc 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 C as they appear on the last secured assessment roll as of the date of recording of this Notic the Assessor's tax parcel(s) numbers of all parcels or any portion thereof which are inc within said territory to be annexed to this Community Facilities District are as set forth a 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 offi the County Recorder for the County of San Diego, State of California. Boundary map of the original Community Facilities District recorded at Book 24, Pag Document No. 90-6741 18, Maps of Assessment and Community Facilities Districts ii 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 i office of the County Recorder for the County of San Diego, State of California. Boundary map of the Annexation Area No. 96/97-1 recorded at Book , Page - Document No. office of the County Recorder for the County of San Diego, State of California. t 2. 4. , Maps of Assessment and Community Facilities Districts i For further information concerning the current and estimated future tax liability of owne purchasers of real property subject to this special tax lien, interested persons should contac following designated person: 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 0 CITY OF CARLSBAD COMMUNITY FACILITIES QZ5m&a NQ, 3, EXHIBIT "A" PROPERTY CATEGORIES AND MAXIMUM TAX 0 ~ii taxable property within the boundaries of the Future Annexa- tion Area subject to ANNUAL SPECIAL TAXES as applicable based upon the rates as e8 for the original Community Facilities District No. 1 and further based property categories, maximum tax rates, increases and status of the isr building permits, all as hereinafter set forth. Improvement Area I refei properties within the boundaries of the City of Carlsbad Bridge and Thc 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 I herein : MAXIMUM ANNUAL SPECIAL TAX - UNDEVELOPED PROPERTY PER DEVELOPABLE ACRE FOR FISCAL YEAR 1990/1991 IMPROVEmNT 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, a160 SUI increases as set forth herein, BB 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 $ 3,835.00 4,452.00 3,835.00 Residential Low to Medium 2,312.00 Residential Medium 2,810.00 Residential Medium to High 2,810.00 2,312.00 2,3 12.00 Residential High 2,810.00 e e -CIAL, IHDUSTRIAL AND OTEER 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, ala to increases a5 set forth herein: MAXIMUM ANNUAL SPECIAL TAX - UNDEVELOPED PROPERTY PER DEVELOPABLE ACRE FOR FISCAL YEAR 1990/1991 IMPROVEMENT IMPROVEMENT AREA I AREA 11 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 buildinc shall have the Option to (1) pay the SPECIAL DEVELOPMENT TAX - ONE TIM assume the ANNUAL SPECIAL TAX - DEVELOPED PROPERTY for a period of not t 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 AkEA 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 Restaur ant - Qual it y 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 Hospital - General 3-88 3.18 Community Shopping Center 4.24 1.80 0 0 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 1.88 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 1I91 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 ARJ3A I1 He1 iport s $ 10.63 $ 3.67 Industrial-Commercial Business Park ' 2.14 1.51 All other Industrial Properties not identif ied above 1.74 1.42 OR, IN THE AL-TE, ANNUAL SPECIAL TAX The "Maximum Annual Special Tax - Developed Property" €or any Fiscal Year f exceed 13.81% of the authorized "Maximum Special Development Tax - One Time' various Commercial and Industrial Property categories as set forth abovc 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 construction costs. The Construction 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 Lo8 Angeles under the column heading of "PC Change from Last Year" will annually inflate each of the Maximum Annual T each year for properties as follows: 0 e 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 TU The above taxes shall be levied until all bonds have been discharged and ft funded and/or guaranteed, and the SPECIAL DEVELOPMENT TAX - ONE TIME has be however, the ANNUAL SPECIAL TAX - DEVELOPED PROPERTY shall not be levi€ period in excesbaof twenty-five (25) years per parcel. Residential: Once a blrilding permit has been issued for Residential property and the DEVELOPMENT TAX - ONE TIME has been paid, the property no longer will be st 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) as ANNUAL SPECIAL TAX - DEVELOPED PROPERTY, as set forth above. Upon the iss 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 a6 65%-to Residential property, 35% to Commercial & Industrial property. TI costs exclude costs of issuance as needed. Residential property ehall be taxed in an amount sufficient to meet the 65% facilities, which tax will include costs of issuance, interest and other including sinking fund payments for future construction as applicable. Commercial C Industrial property shall be taxed in an amount sufficient to I 35% share of facilities, which tax will include costs of issuance, intex other costs, including sinking fund payments for future construction a5 appli - COLLECTION OF ANNUAL TAX Residential : Determine monies necessary to make payment on bond debt service, replenish call bonds, pay bonds and Community Facilities District No. 1 administrative and pay for public capital facilities. FIRST: Reduce this amount by th 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 for each property category ae required, exceed the maximum authorized tax. 0 0 Commercial and Industrial: Determine monies necessary to make payment on bond debt service, replenisl call bonds, pay bonds and Cornunity Facililies District No. 1 administrat: and pay for current or future public capital facilities. FIRST: Reduce tl by the funds collected from Special Development Tax - One Time and annui Tax - Developed Property levied against commercial and industrial pi SECOND: Levy the annual Special Tax - Undeveloped Property on undevelopc commercial and induetrial acreage in the proportional amounts for each category as required, not to exceed the maximum tax. *** q' - ' 0 0 CITY OF CARLSBAD COMMUNITY FACILITIES DISTRICT NO. 1 PROPERTY OWNER NAME AND ASSESSORS PARCEL NUMBER "EXHIBIT B" Property Owner: Continental Ranch, Inc. Assessor's Parcel Numbers: 222-0 1 1 -05-00 21 5-031 -05-00 22 1 -0 1 2-09-00 RESIDENTIAL DEVELOPED LAND USE: RL (0 - 1.5 DU/AC) lUM (1.51 TO 4.0 DUIAC) RM (4.1 TO 8.0 DUIAC) RMH (8.1 TO 15.0 DU/AC) RH (15.1 TO 23.0 DU/AC) - PERDU. $4,895.4101 4,895.41 01 3,089.8703 3,089.8703 3,089.8703 RESIDENTIAL DEVELOPED LAND USE: RL (0 - 1.5 DUIAC) F3.M (1.51 TO 4.0 DU/AC) RM (4.1 TO 8.0 DU/AC) RMH (8.1 TO 15.0 DUIAC) RH (15.1 TO 23.0 DU/AC) PERDU $4,216.9582 4,216.9582 2,542.2105 2,542.2105 2,542.2705 RESIDENTIAL UNDEVELOPED LAND USE: RESIDENTIAL LOW (RL) RESIDENTIAL LOW MEDIUM (RLM) 'RESIDENTIAL MEDIUM (RM) RESIDENTIAL MEDIUM HIGH (RMH) RESIDENTIAL HIGH (RH) PER NET 1 NOKRESIDENTIAL UNDEVELOPED LAND USE: COMMERCIAL PROPERTY INDUSTRIAL PROPERTY AGRICULTURAL PROPERTY PER NET 1 RESIDENTIAL PROPERTY UNDEVELOPED LAND USE: RESIDENTIAL LOW (RL) RESIDENTIAL LOW MEDIUM (RLM) RESIDENTIAL MEDIUM (RM) RESIDENTIAL MEDIUM HIGH (RMH) RESIDENTIAL HIGH (RH) - PER NET P NON-RESIDENTIAL UNDEVELOPED LAND USE: COMMERCIAL PROPERTY INDUSTRIAL PROPERTY AGRICULTURAL PROPERTY PER NET A 1375 0 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 Set 53339.8 of the Government Code, the undersigned CITY CLERK of the legislative body 01 CITY OF CARLSBAD, COMMUNITY FACILITIES DISTRICT NO. 1, ANNEXATION NO. 95/9 STATE OF CALIFORNIA, HEREBY GIVES NOTICE that a lien is hereby imposed to SE payment of a special tax which the City Council of the City of Carlsbad, County of San D 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 interesi on bonds, said facilities generally described as the construction and installation 01 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. 111. Major street improvements in portions of the following designated public streets: FARADAY AVENUE, CANNON ROAD, LA COSTA AVENUE, OLlVENHAlN ROADRANCHO 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, Anne No. 95196-3 , which has now been officially farmed, and the lien of the special tax is a cont 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 atk 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 e 0 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 t 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 prope 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 Disti as they appear on the last secured assessment roll as of the date of recording of this Notice E 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. Boundary map of the original Community Facilities District recorded at Book 24, Page 1 Document No. 90-674118, Maps of Assessment and Community Facilities Districts in ' 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 > 4. Boundary map of the Annexation Area No. 95196-3 recorded at Book 30 , Page z Document No.qb 26*71 Maps of Assessment and Community Facilities Districts in 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 following designated person: 2. office of the County Recorder for the County of San Diego, State of California. Lisa Hildabrand, Finance Director City of Carlsbad 1200 Carlsbad Village Drive Carlsbad CA 92008 Telephone: (619) 434-2867 a0-7 17 /P9( @ate I k$Q& ALETHA L. RA~TENKRANZ City Cle& City of Carlsbad State of California 1 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 as es for the original Community Facilities District No. 1 and further based property categories, maximum tax rates, increases and status of the is1 building permits, all as hereinafter set forth. Improvement Area I refei properties within the boundaries of the City of Carlsbad Bridge and Tho District. Improvement Area 11 is for all remaining properties within the Facilities District, not within the Bridge E, Thoroughfare District. RESIDENTIAL PROPERTY ANNUAL SPECIAL TAX - UNDEVELOPED PROPERTY All taxable property prior to the issuance of a building permit shall be s 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 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 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 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 2,810.00 2,3 12.00 Residential High PROPERTY CATEGORY f 3' 0- 0 COHHERCIAL, INDUSTRIAL AND OTagR PROPERTY ANNUAL SPECIAL TAX - UNDEVELOPED PROPERTY All taxable Commercial and Industrial Property prior to the issuance of I 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 Property -0- -0- All Commercial and Industrial Property, upon the issuance of a buildir shall have the option to (I) pay the SPECIAL DEVELOPMENT TAX - ONE TI assume the ANNUAL SPECIAL TAX - DEVELOPED PROPERTY for a period of not twenty-five (25) years, generally in the amounts per property category as i 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 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 & 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 e* 0 1 IMPROVEMENT IMPROVEMENT COMMERCIAL USE DESIGNATIONS AREA I AREA 11 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 1.88 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 University 2.26 1:91 Junior College 2.19 1.90 , Office - Commercial, 100,000 SF 2.56 1.75 All other Commercial Properties 2.14 1.44 not indentified above IMPROVEMENT IMPROVEMENT INDUSTRIAL USE DESIGNATIONS AREA I AREA I1 He1 iport 6 $ 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 "Maximum Special Development Tax - One Timt various Commercial and Industrial Property categories as set forth ab07 amount applicable and annually adjusted €or 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 "I Change from Last Year" will annually inflate each of the Maximum Annual each year €or properties as follows: 0, a 13 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 unkil all bonds have been diacharged and f funded and/or guaranteed, and the SPECIAL DEVELOPMENT TAX - ONE TIME has b 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 s any annual special tax. Commercial & Industrial: The Commercial and Industrial properties, upon the issuance of a buildinl 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 AND TAX Total capital costs for all authorized facilities shall be allocated as 65%-to Residential property, 35% to Commercial & Industrial property. ' 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 otht including sinking fund payments for future construction as applicable. Commercial C Industrial property shall be taxed in an amount sufficient to 35% share of facilities, which tax will include costs of issuance, intc other costs, including sinking fund payments for future construction as appl * COLLECTION 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 €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 €or each property category as require( exceed the maximum authorized tax. 13 0, 0 Commercial and Industrial: Determine monies neceaeary to make payment en bond debt oervice, repleniol call bonds, pay bonds and Community Facililies District No. 1 administrat. and pay for current or future public capital facilities. FIRST: Reduce t by the funds collected from Special Development Tax - One Time and annui Tax - Developed Property levied against commercial and industrial p SECOND: Levy the annual Special Tax - Undeveloped Property on undevelopc commercial and industrial acreage in the proportional amounts for each category as required, not to exceed the maximum tax. *** - .- b e a 1 CITY OF CARLSBAD COMMUNITY FACILITIES DISTRICT NO. 1 PROPERTY OWNER NAME AND ASSESSORS PARCEL NUMBERS "EXHIBIT €3" Property Owner: Carlsbad Partners, Ltd. Asses so r'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