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HomeMy WebLinkAbout2005-12-06; City Council; 18357; Community Facilities District 1 Annexation Tabata Residental Subdivision7 ~ ~ AB# 18,357 MTG. 12/6/05 DEPT. CM CITY OF CARLSBAD - AGENDA BILL DEPT HD. CITY AT s TITLE: COMMUNITY FACILITIES DISTRICT NO. 1 TABATA RESIDENTIAL SUBDIVISION ANNEXATION NO. 05/06-01 CITY MGR~ RECOMMENDED ACTION: Adopt Resolution No. 2005-347 Facilities District. certifying and adding property to an existing Community ITEM EXPLANATION: Background Property owners of vacant land in Carlsbad and the City worked together to form Community Facilities District (CFD) No. 1. The CFD provides funding for a variety of infrastructure projects that will be necessary to meet the requirements of the Growth Management Program. Council formed CFD No. 1 in 1991, following an election by property owners for a special tax to be levied upon their property to fund construction or acquisition of capital projects. The Carlsbad philosophy is that CFD financing is not intended to relieve any property owner of the responsibility to provide funding for infrastructure improvements related to a single development. Because our guidelines ensure that the obligation on a residential unit is paid in full when the building permit is issued, a City CFD affects no homeowners in Carlsbad. No homeowner will pay City- imposed Mello-Roos taxes. Many Local Facilities Management Zones were not included in CFD No. 1. Annexation proceedings were anticipated to occur as each zone progressed through the development process. With the exception of the more developed areas, each zone plan requires either annexation to the CFD or developer funding of all required facilities. In April 1993, Council authorized future annexation of the remaining undeveloped land into CFD No. 1. This action permits developers to use the simplified annexation procedure and allows development to proceed without additional public hearings or special elections. The simplified annexation procedure lets property owners administratively petition to annex into CFD No. 1. Upon Council approval, property will be annexed into CFD No. 1, thus fulfilling their obligation for certain public facilities. Annexation No. 05/06-01 - Tabata Residential Subdivision As a condition of approval for discretionary actions received September 1, 2004, parcel 21 5-080-25- 00, one of three parcels in the Tabata Residential Subdivision, is required to annex into CFD No. 1. The other two parcels were part of the original formation of CFD No. 1. The applicants, Aviara Black Rail Road 16, LLC., a limited liability company and Lindquist Development Co., Inc., an Oregon Corporation, have completed the required Consent and Waiver to Shortening of Time for Conducting a Special Election in Properfy Proposed to be Annexed (Exhibit 2) and cast positive ballots for the annexation of property and the levy of the special tax. The election was held on November 9, 2005. The City Clerk completed a Statement of Votes Cast showing two votes cast in favor of the proposition and zero votes cast against the proposition (Exhibit I). Council may formally authorize the annexation by certifying and adding the property into the original Community Facilities District. After Council authorization, a Notice of Annexation (Exhibit 3) will be filed with the County Recorder as a lien against the property. I When CFD No. 1 was established, it was anticipated that all vacant, undeveloped or underdeveloped land would annex as it developed, thus providing the necessary cash flow to finance the construction of certain public facilities. The property being annexed has been approved for the development of three residential dwelling units comprised of approximately 1.63 net acres. The property will be subject to CFD No. 1 Special Tax - Undeveloped Property beginning in fiscal year 2006-07. Using the 2005-06 tax rates, the levy will be approximately $0. The property is also subject to the CFD No. 1 Special Development Tax - One-Time at the time of building permit issuance. Again, using the 2005-06 tax rates, this tax is estimated at $5,578. Through the use of the simplified annexation procedure, both the City and the owner are able to avoid election costs and additional time delays. A fee of $1,035 to cover annexation processing, map preparation, and filing costs has been paid by the applicants. EXHIBITS: 1. Resolution No. 2005-347 certifying and adding property to an existing Community Facilities District No. 1. 2. Consent and Waiver to Shortening of Time for Conducting a Special Nection in Property Proposed to be Annexed to City of Carlsbad Community Facilities District No. I and Appointment of Authorized Representative Annexation No. 05/06-01 - Tabata Residential Subdivision. 3. Notice of Annexation No. 05/06-01. 4. Community Facilities District No. 1 , 2005-06 actual tax rates. 2 1 z c 4 51 . E 7 e 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Exhibit 1 RESOLUTION NO. zoo5347 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, CERTIFYING THE RESULTS OF AN ELECTION AND ADDING PROPERTY TO COMMUNITY FACITIES DISTRICT NO. 1 WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAD, CALIFORNIA (the “City Council”), 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 existing Community Facilities District being designated as COMMUNITY FACILITIES DISTRICT NO. 1 (the “District”); and, WHEREAS, the legislative body has also established a procedure to allow and provide for future annexations to the District and the territory proposed to be so annexed in the future was designated as COMMUNITY FACILITIES DISTRICT NO. 1, FUTURE ANNEXATION AREA; and WHEREAS, at this time the unanimous consent to the annexation of certain territory to the District has been received from the property owner or owners of such territory, and such territory has been designated as ANNEXATION NO. 05/06-02 (the “Annexed Area”); and WHEREAS, less than twelve (1 2) registered voters have resided within the territory of Annexed Area for each of the ninety (90) days preceding November 15, 2005, therefore, pursuant to the Act the qualified electors of the Annexed Area shall be the “landowners” of such Annexed Area as such term is defined in Government Code Section 533 17(f) and each such landowner who is the owner of record as of November 16, 2005, or the authorized representative thereof, shall have one vote for each acre or portion of an acre of land that she or he owns within such Annexed Area; and WHEREAS, the time limit specified by the Act for conducting an election to submit the levy of the special taxes on the property within the Annexed Area to the qualified electors of the Annexed Area and the requirements for impartial analysis and ballot arguments have been waived with the unanimous consent of the qualified electors of the Annexed Area; and WHEREAS, the City Clerk of the City of Carlsbad has caused ballots to be distributed to the qualified electors of the Annexed Area, has received and canvassed such ballots and made a report to this City Council regarding the results of such canvas, a copy of which is attached as Exhibit A hereto and incorporated herein by this reference; and WHEREAS, at this time the measure voted upon and such measure did receive the favorable 2/3’s vote of the qualified electors, and this City Council desires to declare the results of the election; and 1 2 c 4 c * E 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, a map showing the Annexed Area and designated as Annexation No. 05/06-02 (the “Annexation Map”), a copy of which is attached as Exhibit B hereto and incorporated herein by this reference, has been submitted to this legislative body. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California as follows: RECITALS SECTION 1. The above recitals are all true and correct. FINDINGS SECTION 2. That this legislative body does hereby further determine as follows: A. been given by all of the owners of the Annexed Area and such consent shall be kept on file in the Office of the City Clerk. The unanimous consent to the annexation of the Annexed Area to the District has B. Less than twelve (12) registered voters have resided within the territory of Annexed Area for each of the ninety (90) days preceding November 15,2005, therefore, pursuant to the Act the qualified electors of the Annexed Area shall be the “landowners” of such Annexed Area as such term is defined in Government Code Section 533 17(f). C. levy of special taxes within the Annexed Area upon its annexation to the District. The qualified electors of the Annexed Area have unanimously voted in favor of the ANNEXED AREA SECTION 3. The boundaries and parcels of territory within the Annexed Area and on which special taxes will be levied in order to pay for the costs and expenses of authorized public facilities are shown on the Annexation Map as submitted to and hereby approved by this legislative body. DECLARATION OF ANNEXATION SECTION 4. This legislative body does hereby determine and declare that the Annexed Area is now added to and becomes a part of the District. The City Council of the City, acting as the legislative body of the District, is hereby empowered to levy the authorized special tax within the Annexed Area. NOTICE SECTION 5. Immediately upon adoption of this Resolution, notice shall be given as follows: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A. A copy of the annexation map as approved shall be filed in the Office of the County Recorder no later than fifteen (I 5) days after the date of adoption of this Resolution. B. An Amendment to the Notice of Special Tax Lien (Notice of Annexation) shall be recorded in the Office of the County Recorder no later than fifteen (1 5) days after the date of adoption of this Resolution. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council on the 6th day of December , 20=, by the following vote, to wit: AYES: Council Members Lewis, Hall, Kulchin, Packard, Sigafoose NOES: None ABSENT: None ATTEST: EXHIBIT “A” CERTIFICATE OF ELECTION OFFICIAL AND STATEMENT OF VOTES CAST STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO CITY OF CARLSBAD 1 ) ss. The undersigned, ELECTION OFFICIAL OF THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DOES HEREBY CERTIFY that pursuant to the provisions of Section 53326 of the Government Code and Division 12, commencing with Section 17000 of the Elections Code of the State of California, I did canvass the returns of the votes cast at the CITY OF CARLSBAD COMMUNITY FACILITIES DISTFUCT NO. 1 SPECIAL ELECTION ANNEXATION NO. 05/06-01 in such City, held November 9,2005. I FURTHER CERTIFY that this Statement of Votes Cast shows the whole number of votes cast in the area proposed to be annexed to Community Facilities District No. 1 of such City for or against the Measure are full, true and correct. VOTES CAST ON PROPOSITION 1 : YES A NOP WITNESS my hand this /7& day of )- ,205. ELECTION OFFICIAL CITY OF CARLSBAD STATE OF CALIFORNIA Exhibit B i El i 0 Y 6 f e t------- 7 Exhibit 2 CONSENT AND WAIVER TO SHORTENING OF TIME FOR CONDUCTING A SPECIAL ELECTION IN PROPERTY PROPOSED TO BE ANNEXED TO CITY OF CARLSBAD COMMUNITY FACILITIES DISTRICT NO. 1 AND APPOINTMENT OF AUTHORIZED REPRESENTATIVES ANNEXATION NO. 05/06-01 TO: CITY COUNCIL COMMUNITY FACILITIES DISTRICT NO. 1 OF THE CITY OF CARLSBAD THE UNDERSIGNED DOES HEREBY CERTIFY UNDER PENALTY OF PERJURY AS FOLLOWS: 1. The undersigned is the owner, or the duly authorized representative of such owner, of the real property described in Exhibit "A" attached hereto and incorporated herein by reference (the "Property"), and, in such capacity, possesses all legal authority necessary to execute this Consent and Waiver as and on behalf of the owner of the Property (the "Owner") in connection with the annexation of the Property to the District (as defined below). 2. The Owner is aware of and understands the following: A. The City of Carlsbad has conducted proceedings pursuant to the "Mello-Roos Community Facilities Act of 1982", (Government Code $533 1 1 and following) (the "Acttt) to form a community facilities district known and designated as Community Facilities District No. 1 (the "District") to finance the following described public facilities (the "Public Facilities"): (1) Public facilities generally described as new library facility, major addition to an existing library building, a City Hall complex, and the addition of office and warehouse facilities at the public safety center; (2) Park improvements generally described as the Macario Canyon Park; (3) Major street improvements in portions of the following designated public streets: (a.) Faraday Avenue; (b.) Cannon Road; (c.) La Costa Avenue; (d.) (e.) Leucadia Boulevard. OlivenhaidRancho Santa Fe Road; and 1 h (4) Major bridge and overpass facilities generally described as: (a.) La Costa Interchange; (b.) Poinsettia Interchange; and (c.) Palomar Airport Road Interchange. B. The City and the qualified electors of the District did authorize the issuance of bonds of the District in an aggregate principal amount of $130,000,000 subject to inflation to finance the acquisition or construction of the Public Facilities and the levy of the special tax set forth in Exhibit ltBt' hereto (the "Special Tax") within the District to pay for the Public Facilities, to pay debt service on bonds of the District, or both. C. The City Council of the City (the "City Council") has also undertaken proceedings pursuant to Article 3.5 of the Act to provide for the future annexation of certain territory, including the Property, to the District. On May 18, 1993, the City Council held a public hearing as required by the Act to consider the future annexation of such territory, including the Property, to the District. Notice of such public hearing was given in the form and manner as required by law. A protest to such future annexation was not received from 50% or more of the registered voters, or six registered voters, whichever is more, residing in the territory proposed to be annexed in the future or the owners of one-half or more of the area of land in the territory proposed to be annexed in the future. At the conclusion of such public hearing, the City Council did approve and provide for the annexation of the territory, including the Property, proposed for annexation in the future upon the unanimous approval of the owner or owners of each parcel or parcels at the time that such parcel or parcels are annexed, without additional hearings. D. The Act further requires, as a prerequisite to the levy of any special taxes within the Property or the issuance of bonds secured by such special taxes, that the City Council must submit the question of whether or not to levy any special tax within the Property to the qualified electors of the Property at a special election. The Act further provides that 2/3's of the qualified electors must vote in favor of the levy of the special tax. E. The Act provides that the qualified electors of the Property shall be the voters registered to vote within Property if at least twelve (12) persons, who need not necessarily be the same twelve (12) persons, have been registered to vote within the Property for each of the ninety (90) days preceding the close of the public hearing to consider the annexation of the Property to the District. Otherwise, the Act provides that the vote shall be by the landowners of the Property with each such landowner who is the owner of record at the close of such public hearing, or the authorized representative of such owner, having one vote for each acre or portion of an acre of land that such landowner owns within the Property. 2 F. The provisions of the Act require that such special election be held at least ninety (90) but not more than one hundred eighty days (1 80) following the date of the submission of the question of levying the special tax to the qualified electors of the Property; provided, however, any such special election time limit specified by the Act or requirement pertaining to the conduct of such a special election may be waived with the unanimous consent of the qualified electors of the Property and the concurrence of the official conducting the election. As is stated below, it is proposed that the special election shall be held on Wednesday, November 9th, 2005 at 9:30 a.m. or such other date upon which all of the qualified electors of the Property and the official conducting the election may concur. 3. The Owner consents to and expressly approves the annexation of the Property to the District and the authorization for the levy of the Special Tax within the Property without further public hearing conducted pursuant to the provisions of the Act. The Owner waives any right which the Owner may have to make any protest or complaint or undertake any legal action challenging the validity of the proceedings of the City to authorize the future annexation of the Property to the District or any necessity, requirement, right or entitlement for further public hearing pertaining to the annexation of the Property to the District and the levy of the Special Tax within the Property. 4. the ninety (90) days preceding the date of this Consent and Waiver. Owner certifies that there have been no persons residing within the Property for each of 5. Owner desires that the special election be held on Wednesday, November 9th, 2005 at 9:30 a.m. or such other date as the qualified electors and the City Clerk of the City, acting as the official conducting the election (the "City Clerk"), may mutually agree. 6. Owner expressly consents to the following: A. B. C. D. E. To the conduct of the special election on Wednesday, November 9th, 2005 at 9:30 a.m. or such other date as the qualified electors and the City Clerk may mutually agree. Owner expressly waives any right which owner may have to have the special election conducted within the time periods specified in Government Code Section 53326. Owner waives any requirement for the mailing of the election ballot. Owner further waives any right or entitlement which Owner may have to have the ballot for such election accompanied by arguments for or against the ballot measure and the impartial analysis as otherwise required by Government Code Section 53327, and/or the statement required by Elections Code Section 5300 and following pertaining to the issuance of bonds. Owner waives any protest, complaint or legal action of any nature whatsoever pertaining to the procedures to be undertaken for the conduct of such election, 3 including but not limited to, the shortening of all time periods pertaining to the special election, including but not limited to, the time for holding the special election and the necessity and requirement for any newspaper publication of the notice of such special election and the lack of arguments and impartial analysis. [Remainder of this page intentionally left blank.] 4 I\ PROPERTY OWNER APPOINTMENT OF AUTHORIZED REPRESENTATIVES The owner hereby appoints &&PI &e,.+ or &C.r At&& , alternatively, as its authorized representative to vote in the subject special election, and the e of each alternative representative is set forth %Me1 J&!Q,+ (=;PO# Md4A/C (Type or Print Name of Representative) (Type or Print Name of Representative) PROPERTY OWNER DESIGNATION OF ADDRESS FOR MAILING OF MATERIALS The owner requests that all materials related to this annexation be mailed to the following address: The owner waives any right or requirement to have such materials mailed to the address shown on the assessor’s roll of the County of San Diego. 5 t2. THIS CONSENT AND WAIVER AND APPOINTMENT OF AUTHORIZED REPRESENTATIVES was exec ted this dnd day of &(ember 20=, in Gul hiego y &It ? 0Jrlt.G . / JQAPC UdJ Type or Print Name of Signor If the person executing this document is not the owner of the property for which this document is being submitted but is signing for and on behalf of such owner, please fill in the name of the owner of the property on the line provided below: 6 WRITTEN CONSENT OF BOARD OF OF DIRECTORS McCOMIC CONSOLIDATED, INC. May 21,2004 The undersigned, as sole member of the Board of Directors of McComic Consolidated, hc., a corporation organized under the laws of the State of California (“Company”), does by this unanimous written consent of director adopt the following resolutions: RESOLVED, the Company Board of Directors has determined it is in the best interest of the Company to develop real property located in California, and to authorize Company officers to execute such agreements, contracts, or other instruments as necessary in conjunction With‘Company’ s real property development business, including, but not limited to, executing Purchase Agreements, Construction Loans, Construction Contracts, California Department of Real Estate documents, and other land development-related documents (collectively ‘9evelopment Agreements”). RESOLVED, that Company officers R Barry McComic, R. Geoffrey McComic, and James Wait are each hereby authorized to execute Development Agreements on behalf of the company if such Development Agreements reasonably relate to Company’s real property development (either on behalf of Company, or, if Company is the managing member of an LLC engaged in real property development, as the LLC managing member). RESOLVED, that the above- identified Company officers are hrther authorized and directed to execute such Mer documents, and to take such further actions, as are reasonably necessary to accomplish the purposes of these resolutions. The undersigned directs that this unanimous written consent be filed with the minutes of proceedings of the Company’s Board of Directors. This unanimous written consent of Company director is adopted pursuant to California Corporations Code Section 307(b) and Company Bylaws Article III, Section 13, authorizing Company Board of Directors action by unanimous written consent. Dated: May 21, 2004 /4d t L R. BARRY MckbMIC SOLE DIRECTOR Flle # 2005635 510092 State of California Kevin Shelley Secretary of State A $70.00 RUng fee must aEEompany this form, LIMITED LJABILITY COMPANY ARTICLES OF ORGANIZATION I FEB 2 2 2005 KEV~N SHELLEY Secretary of State NOTE: A llmlted liability carnpeny is not permitted to render professlonal servlces. . NAME OF THE INITIAL AGENT FOR SERVICE OF PRDCESS James Weit I IF AN INDIVIDUAL THE ADDRESS OF THE INlTlAL AGENT FOR SERVICE OF PROCE88 IN CALFORNiA ADORESS 9968 Hibert Street, Suite 102 ctrf SanDlem STATE CA ZIPCODE 92131 ONE MANAGER MORE THAN ONE MANAGER ALL LIMITED LIABILITY COMPANY MEMBER[S) Real Estate Developrnant February 14,2008 NAME r James wait FIRM ADDRESS CITY/STATB Sari Diago, CA AViaf8 Blaak Rall Rbad 10, LLC 9968 Hlbett Street, Stilt@ 102 ZIP CODE 192131 1 LLC-1 (REV QW20M) APPRQVEOWSECRFIARYOFSTATE SECRETARY OF STATE I, Keuin Shelley, Secretary of State of the State of That the attached transcript of ___ I page(s) has been compared with the record on file in this office, of which it purports to be a copy, and that it is full, true and correct. California, hereby certify: IN WITNESS WHEREOF, I execute this certificate and affix the Great Seal of the State of California this day of 7(L &% Secretary of State SecrSlale Fom Cf.107 (rev 1/03) .-- OSP 03 nosio Ii Feb, 21, 2005 1:41PM . SECRETARY OF STAX flu NUMBgR 200505510092 State of Californra Kevin Shelley Secretary of State STATEMENT OF INFORMATION (Limited Liability Company) 3. STATE OR PLACE OF ORGANlZATlON # I. LIMITED UABILITY COMPANY NAME (Please do not alter If name Is prepltnled.) Aviara Black Rail Road 16, LLC ENDORSED - FILED in the office of the Secretary of State of the State of Callfomla MAR 0 1 2005 KEVIN SHELLEY, Secretary of State NIwi ADDRESS CITY AND $TAX ZIPCODE GENt FOR SERVICE OF PROCESS (If the agent lo an indluldual, the agent must renlde In Callfotnla and lam 1 I must bo campbud wlth a Calltornla idreee, If the agent ie a corporallon, the agent mu8t have on file with the Calfomla Seaetaty of State a certificate pursuant to Corporations Code section 505 and item 11 must be leR blank) 1, NAME OF AGENT FOR SERVICE OF PROCESS lames Walt I. ADDRESS OF AGE" FOR SERVICE OF PROCESS IN CAlllEORNvIt IF AN INDMPUAL b968 Hibert Stnst. Suite 102 San Dlwo en 92131 CIW 6TA.E ZIP CODE YPE OF BUSINESS !. DESCRlBE ME NPE OF BUSINESS OF THE LIMITED LiABIUN COMPANY leal Estate Development 1, THE INFORMATION CONTAINED HEREIN IS TRUE AND CORRECT. ....T Fabwary 14,2005 DATE IUE DATE: APPROVEDBYSECReTARYOFSTATE GI2 (REV0812004) 17 I, Kevin Shelley, Secretary of State of the State of That the attached transcript of California, hereby certify: page(s) has been compared with the record on file in this office, of , which it purports to be a copy, and that it is full, true and correct. IN WITNESS WHEREOI;: I execute this certificate and affix the Great Seal of the State of California this day of FED 2 8 ‘100~ Sec/Slalc Farm CE-107 (rev. 1/03] . . .- OSP 03 80510 The Property Ownership: Aviara Black Rail Road 16, LLC., a limited EXHIBIT “A” DESCRIPTION OF PROPERTY is identified and described as: Assessor Parcel Number(s): Acreage: 21 5-080-28-00 1.18 Total: liability company and Lindquist Development Co., Inc., an Oregon Corporation 1 Parcel 1.18 A EXHIBIT “B” RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX COMMUNITY FACILITIES DISTRICT NO. 1 CITY OF CARLSBAD PROPERTY CATEGORIES AND MAXIMUM TAX All taxable property within the boundaries of the Future Annexation Area shall be subject to ANNUAL SPECIAL TAXES as applicable based upon the rates as established for the original Community Facilities District No. 1 and further based upon the property categories, maximum tax rates, increases and status of the issuance of building permits, all as hereinafter set forth. Improvement Area I refers to all properties within the boundaries of the City of Carlsbad Bridge and Thoroughfare District. Improvement Area II is for all remaining properties within the Community Facilities District, not within the Bridge and Thoroughfare District. RESIDENTIAL PROPERTY ANNUAL SPECIAL TAX - UNDEVELOPED PROPERTY All taxable property prior to the issuance of a building permit shall be subject to the following maximum annual special taxes, subject to increases as set forth herein: MAXIMUM ANNUAL SPECIAL TAX - UNDEVELOPED PROPERTY PER DEVELOPABLE ACRE FOR FISCAL YEAR 1990/1991 IMPROVEMENT IMPROVEMENT PROPERTY CATEGORY AREA I AREA II Residential Low $ 281.00 Residential Low to Medium 772.00 Residential Medium 1,294.00 Residential Medium to High 1,984.00 Residential High 2,793.00 $ 277.00 760.00 1,217.00 1,868.00 2,739.00 SPECIAL DEVELOPMENT TAX - ONE TIME Upon the issuance of a building permit, all Residential properties shall be subject to the following described SPECIAL DEVELOPMENT TAX - ONE TIME, also subject to increases as set forth herein, as follows: a0 B-1 MAXIMUM SPECIAL DEVELOPMENT TAX - ONE TIME PER RESIDENTIAL DWELLING UNIT FOR FISCAL YEAR 1990/1991 IMPROVEMENT IMPROVEMENT PROPERTY CATEGORY AREA I AREA II Residential Low $ 4,452.00 Residential Low to Medium 4,452.00 Residential Medium 2,810.00 Residential Medium to High 2,810.00 Residential High 2,810.00 $ 3,835.00 3,835.00 2,312.00 2,312.00 2,3 12.00 COMMERCIAL, INDUSTRIAL AND OTHER PROPERTY ANNUAL SPECIAL TAX - UNDEVELOPED PROPERTY All taxable Commercial and Industrial Property prior to the issuance of a building permit shall be subject to the following maximum annual special taxes, also subject to increases as set forth herein: MAXIMUM ANNUAL SPECIAL TAX - UNDEVELOPED PROPERTY PER DEVELOPABLE ACRE FOR FISCAL YEAR 1990/1991 IMPROVEMENT IMPROVEMENT AREA I AREA II Commercial Property $ 2,400.00 $ 1,600.00 Industrial Property 1,200.00 960.00 Agricultural Property -0- -0- All Commercial and Industrial Property, upon the issuance of a building permit, shall have the option to (1) pay the SPECIAL DEVELOPMENT TAX - ONE TIME or (2) assume the ANNUAL SPECIAL TAX - DEVELOPED PROPERTY for a period of not to exceed twenty-five (25) years, generally in the amounts per property category as follows: B-2 MAXIMUM SPECIAL DEVELOPMENT TAX - ONE TIME FOR FISCAL YEAR 1990/91 PER SQUARE FOOT OF BUILDING AREA PROPERTY CATEGORY COMMERCIAL USE IMPROVEMENT DES I G N AT1 0 N S AREA I Restaurant - Fast Food $ 28.46 Outdoor Tennis Courts Convenience Market Bank with Drive-thru Campground Restaurant - Sit Down Marina Bank - Walk In Auto - Gasoline Grocery Store S & L with Drive-thru Bowling Center Restaurant - Quality Neighborhood Shopping Center Auto Car Wash S & L -Walk In Race Track Library Community Shopping Center Hospital - General Hotel - Conv. Fac/Comm. Auto - Repair & Sales Regional Shopping Center Discount Store Golf Course Church Office - Government Commercial Shops Health Club Motel Office - High Rise Office - Commercial, 100,000 SF Lu m be r/H a rd wa re Store Office - Medical Hospital - Convalescent Indoor Sports Arena 28.14 27.31 18.06 17.51 15.17 14.85 12.83 8.1 1 7.78 7.59 6.63 6.57 6.46 6.31 5.51 5.10 4.26 4.24 3.88 3.47 3.41 3.35 3.22 3.06 2.99 2.93 2.90 2.89 2.69 2.67 2.56 2.47 2.42 2.33 2.33 IMPROVEMENT AREA I1 $ 7.58 7.26 6.74 5.72 4.99 4.73 4.41 4.60 2.89 2.56 3.48 2.83 3.09 2.27 2.52 3.03 2.33 2.86 1.80 3.18 2.52 1.58 1.61 1.58 2.14 1.94 1.88 1.58 1.85 2.06 1.84 1.75 1.58 2.07 2.23 2.23 B-3 PROPERTY CATEGORY COMMERCIAL USE IMPROVEMENT DES I G N AT I 0 N S AREA I Resort Hotel University Junior College 2.30 2.26 2.19 All other Commercial Properties not identified above 2.14 INDUSTRIAL USE IMPROVEMENT DES I G N AT IO N S AREA I Heliports $ 10.63 Industrial-Commercial Business Park 2.14 All other Industrial Properties not identified above 1.74 IMPROVEMENT AREA II 1.98 1.91 1.90 1.44 IMPROVEMENT AREA II $ 3.67 1.51 I .42 OR, IN THE ALTERNATEl ANNUAL SPECIAL TAX The “Maximum Annual Special Tax - Developed Property” for any Fiscal Year shall not exceed 13.81 Oh of the authorized “Maximum Special Development Tax - One Time” for the various Commercial and Industrial Property categories as set forth above in the amount applicable and annually adjusted for each Fiscal Year. ANNUAL TAX INCREASE The above SPECIAL TAXES for the taxable properties are applicable for the fiscal year 1990/91, and are all subject to annual increases to reflect increases in construction costs. The Construction Cost Index of the Enqineerinq News-Record, titled “ENR Cost Indexes in 22 Cities” will be used. The Index published for the month of April for the City of Los Angeles under the column heading of “Percentage Change from Last Year” will annually inflate each of the Maximum Annual Taxes for each year for properties as follows: A. PROPERTIES WITHIN THE DISTRICT: Not to exceed 50% of the a bove-referenced increase. B -4 B. PROPERTIES TO BE SUBSEQUENTLY ANNEXED: Not to exceed 100% of the above-referenced increase until annexed. TERM OF TAX The above taxes shall be levied until all bonds have been discharged and facilities funded and/or guaranteed, and the SPECIAL DEVELOPMENT TAX - ONE TIME has been paid; however, the ANNUAL SPECIAL TAX - DEVELOPED PROPERTY shall not be levied for a period in excess of twenty-five (25) years per parcel. Residential: Once a building permit has been issued for Residential property and the SPECIAL DEVELOPMENT TAX - ONE TIME has been paid, the property no longer will be subject to any annual special tax. Commercial and Industrial: The Commercial and Industrial properties, upon the issuance of a building permit, have the option to (1) pay the SPECIAL DEVELOPMENT TAX - ONE TIME or (2) assume the ANNUAL SPECIAL TAX - DEVELOPED PROPERTY, as set forth above. Upon the issuance of any building permit, no further increase or escalation is authorized. ALLOCATION OF COST AND TAX Total capital costs for all authorized facilities shall be allocated as follows: 65% to Residential property, 35% to Commercial and Industrial property. The above costs exclude costs of issuance as needed. Residential property shall be taxed in an amount sufficient to meet the 65% share of facilities, which tax will include costs of issuance, interest and other costs, including sinking fund payments for future construction as applicable. Commercial and Industrial property shall be taxed in an amount sufficient to meet the 35% share of facilities, which tax will include costs of issuance, interest and other costs, including sinking fund payments for future construction as applicable. COLLECTION OF ANNUAL TAX Residential: Determine monies necessary to make payment on bond debt service, replenish reserve, call bonds, pay bonds and Community Facilities District No. 1 administrative costs, and pay for public capital facilities. FIRST: Reduce this amount by the funds collected from Special Development Tax - One Time levied against residential properties. SECOND: The remaining funds needed are to be collected by the levy of the annual Special Tax - Undeveloped Property on undeveloped taxable residential acreage, in the proportional amounts of each property category as required, not to exceed the maximum authorized tax. Commercial and Industrial: Determine monies necessary to make payment on bond debt service, replenish reserve, call bonds, pay bonds, and Community Facilities District No. 1 administrative costs, and pay for current or future public capital facilities. FIRST: Reduce this amount by the funds collected from Special Development Tax - One Time and annual Special Tax - Developed Property levied against Commercial and Industrial properties. SECOND: Levy the annual Special Tax - Undeveloped Property on undeveloped taxable Commercial and Industrial acreage in the proportional amounts for each property category as required, not to exceed the maximum tax. *** B-6 -VA • -- Exhibit 3 DQC# 2005-1068290 /Op WHEN RECORDED, RETURN TO: CITY CLERK CITY OF CARLSBAD 1200 CARLSBAD VILLAGE DRIVE CARLSBAD, CA 92008 DEC 13, 2005 12:54 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY! SMITH. COUNTY RECORDER FEES: 34.00 PAGES: 10 2005-1068290 AMENDMENT TO THE NOTICE OF SPECIAL TAX LIEN (NOTICE OF ANNEXATION NO. 05/06-01) Pursuant to the requirements of Section 3117.5 of the Streets and Highways Code and Section 53339.8 of the Government Code, the undersigned City Clerk of the City of Carlsbad, acting for and on behalf of Community Facilities District No. 1 (the "District"), State of California, HEREBY GIVES NOTICE that a lien is hereby imposed on certain real property annexed to the District to secure payment of a special tax which the City Council of the City of Carlsbad, County of San Diego, State of California, acting in its authority as the legislative body of the District, 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 follows: (1) Public facilities generally described as new library facility, major addition to an existing library building, a City Hall complex, and the addition of office and warehouse facilities at the public safety center; (2) Park improvements generally described as the Macario Canyon Park; (3) Major street improvements in portions of the following designated public streets: (a.) Faraday Avenue; (b.) Cannon Road; (c.) La Costa Avenue; (d.) Olivenhain/Rancho Santa Fe Road; and (e.) Leucadia Boulevard. (4) Major bridge and overpass facilities generally described as: (a.) La Costa Interchange; (b.) Poinsettia Interchange; and (c.) Palomar Airport Road Interchange. *• w 10159 • The special tax is authorized to be levied on the property described in Exhibit "A" attached hereto (the "Annexed Property") which has been annexed to Community Facilities District No. 1, and the lien of the special tax is a continuing lien which shall secure each annual levy of the special tax and which shall continue in force and effect until the special tax obligation is prepaid, permanently satisfied and cancelled in accordance with law or until the special tax ceases to be levied and a notice of cessation of special tax is recorded in accordance with Section 53330.5 of the Government Code. The rate and method of apportionment of the authorized special tax is as shown on the attached, referenced and incorporated Exhibit "B", and the special tax shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure, sale and lien priority in case of delinquency as is provided for ad valorem taxes. Conditions under which the obligation to pay the special tax may be prepaid and permanently satisfied and the lien of the special tax cancelled are as follows: Any special tax may be prepaid and satisfied by the payment of the maximum present value of the special tax obligation. Notice is further given that upon the recording of this notice in the Office of the County Recorder, the obligation to pay the special tax levy shall become a lien upon the Annexed Property in accordance with Section 3 1 15.5 of the Streets and Highways Code. The names of the owner(s) of the Annexed Property as they appear on the last secured assessment roll as of the date of recording of this Notice and the Assessor's tax parcel(s) numbers of all parcels or any portion thereof which are included within the Annexed Property are as set forth on the attached, referenced and incorporated Exhibit "A". Reference is made to the following: 1 . Notice of Special Tax Lien for the original Community Facilities District recorded May 20, 1991 as Document No. 91-236959, in the Office of the County Recorder for the County of San Diego, State of California, which Notice is amended by the recordation of this document.. 2. Boundary map of the original District recorded at Book 24, Page 56, Document No. 90- 674118, Maps of Assessment and Community Facilities Districts in the Office of the County Recorder for the County of San Diego, State of California. 3. Boundary map of Annexation Area No. 05/06-01 recorded at Book O , Page O5:> , Document NO.C&- totsgz, Maps of Assessment and Community Facilities Districts in the 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 or purchasers of real property subject to this special tax lien, interested persons should contact the following designated person: 9*7 Finance Director City of Carlsbad 1635 Faraday Ave. Carlsbad, CA 92008 Telephone: (760) 602-2430 10160 DATED:X? , 2005 City of Carlsbad State of California 10161 CITY OF CARLSBAD COMMUNITY FACILITIES DISTRICT NO. 1 PROPERTY OWNER NAMES AND ASSESSORS PARCEL NUMBERS "EXHIBIT A" Property Owner: Aviara Black Rail Road, 16, LLC., a limited liability company and Lindquist Development Co., Inc., an Oregon Corporation Assessor's Parcel No.: 215-080-28-00 10162 CITY OF CARLSBAD COMMUNITY FACILITIES DISTRICT NO. 1 RATE AND METHOD OF APPORTIONMENT EXHIBIT "B" PROPERTY CATEGORIES AND MAXIMUM TAX All taxable property within the boundaries of the Future Annexation Area shall be subject to ANNUAL SPECIAL TAXES as applicable based upon the rates as established for the original Community Facilities District No. 1 and further based upon the property categories, maximum tax rates, increases and status of the issuance of building permits, all as hereinafter set forth. Improvement Area I refers to all properties within the boundaries of the City of Carlsbad Bridge and Thoroughfare District. Improvement Area II is for all remaining properties within the Community Facilities District, not within the Bridge and Thoroughfare District. RESIDENTIAL PROPERTY ANNUAL SPECIAL TAX - UNDEVELOPED PROPERTY All taxable property prior to the issuance of a building permit shall be subject to the following maximum annual special taxes, subject to increases as set forth herein: MAXIMUM ANNUAL SPECIAL TAX - UNDEVELOPED PROPERTY PER DEVELOPABLE ACRE FOR FISCAL YEAR 1990/1991 IMPROVEMENT IMPROVEMENT PROPERTY CATEGORY AREA I AREA II Residential Low $ 281.00 $ 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 subject to the following described SPECIAL DEVELOPMENT TAX - ONE TIME, also subject to increases as set forth herein, as follows: 10163 MAXIMUM SPECIAL DEVELOPMENT TAX - ONE TIME PER RESIDENTIAL DWELLING UNIT FOR FISCAL YEAR 1990/1991 IMPROVEMENT IMPROVEMENT PROPERTY CATEGORY AREA I AREA II Residential Low $ 4,452.00 $ 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 COMMERCIAL, INDUSTRIAL AND OTHER PROPERTY ANNUAL SPECIAL TAX - UNDEVELOPED PROPERTY All taxable Commercial and Industrial Property prior to the issuance of a building permit shall be subject to the following maximum annual special taxes, also subject to increases as set forth herein: MAXIMUM ANNUAL SPECIAL TAX - UNDEVELOPED PROPERTY PER DEVELOPABLE ACRE FOR FISCAL YEAR 1990/1991 IMPROVEMENT IMPROVEMENT AREA I AREA II Commercial Property $2,400.00 $ 1,600.00 Industrial Property 1,200.00 960.00 Agricultural Property -0- -0- All Commercial and Industrial Property, upon the issuance of a building permit, shall have the option to (1) pay the SPECIAL DEVELOPMENT TAX - ONE TIME or (2) assume the ANNUAL SPECIAL TAX - DEVELOPED PROPERTY for a period of not to exceed twenty-five (25) years, generally in the amounts per property category as follows: 10164 MAXIMUM SPECIAL DEVELOPMENT TAX - ONE TIME FOR FISCAL YEAR 1990/91 PER SQUARE FOOT OF BUILDING AREA PROPERTY CATEGORY COMMERCIAL USE IMPROVEMENT IMPROVEMENT DESIGNATIONS AREA I AREA II Restaurant - Fast Food $ 28.46 $ 7.58 Outdoor Tennis Courts 28.14 7.26 Convenience Market 27.31 6.74 Bank with Drive-thru 18.06 5.72 Campground 17.51 4.99 Restaurant - Sit Down 15.17 4.73 Marina 14.85 4.41 Bank-Walk In 12.83 4.60 Auto - Gasoline 8.11 2.89 Grocery Store 7.78 2.56 S & L with Drive-thru 7.59 3.48 Bowling Center 6.63 2.83 Restaurant - Quality 6.57 3.09 Neighborhood Shopping Center 6.46 2.27 Auto Car Wash 6.31 2.52 S&L-Walkln 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 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 10165 PROPERTY CATEGORY COMMERCIAL USE IMPROVEMENT IMPROVEMENT DESIGNATIONS AREA I AREA II Resort Hotel 2.30 1.98 University 2.26 1.91 Junior College 2.19 1.90 All other Commercial Properties not identified above 2.14 1.44 INDUSTRIAL USE IMPROVEMENT IMPROVEMENT DESIGNATIONS AREA I AREA II Heliports $ 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 shall not exceed 13.81% of the authorized "Maximum Special Development Tax - One Time" for the various Commercial and Industrial Property categories as set forth above in the amount applicable and annually adjusted for each Fiscal Year. ANNUAL TAX INCREASE The above SPECIAL TAXES for the taxable properties are applicable for the fiscal year 1990/91, and are all subject to annual increases to reflect increases in construction costs. The Construction Cost Index of the Engineering News-Record, titled "ENR Cost Indexes in 22 Cities" will be used. The Index published for the month of April for the City of Los Angeles under the column heading of "Percentage Change from Last Year" will annually inflate each of the Maximum Annual Taxes for each year for properties as follows: 10166 A. PROPERTIES WITHIN THE DISTRICT: Not to exceed 50% of the above-referenced increase. B. PROPERTIES TO BE SUBSEQUENTLY ANNEXED: Not to exceed 100% of the above-referenced increase until annexed. TERM OF TAX The above taxes shall be levied until all bonds have been discharged and facilities funded and/or guaranteed, and the SPECIAL DEVELOPMENT TAX - ONE TIME has been paid; however, the ANNUAL SPECIAL TAX - DEVELOPED PROPERTY shall not be levied for a period in excess of twenty-five (25) years per parcel. Residential: Once a building permit has been issued for Residential property and the SPECIAL DEVELOPMENT TAX - ONE TIME has been paid, the property no longer will be subject to any annual special tax. Commercial and Industrial: The Commercial and Industrial properties, upon the issuance of a building permit, have the option to (1) pay the SPECIAL DEVELOPMENT TAX - ONE TIME or (2) assume the ANNUAL SPECIAL TAX - DEVELOPED PROPERTY, as set forth above. Upon the issuance of any building permit, no further increase or escalation is authorized. ALLOCATION OF COST AND TAX Total capital costs for all authorized facilities shall be allocated as follows: 65% to Residential property, 35% to Commercial and Industrial property. The above costs exclude costs of issuance as needed. Residential property shall be taxed in an amount sufficient to meet the 65% share of facilities, which tax will include costs of issuance, interest and other costs, including sinking fund payments for future construction as applicable. Commercial and Industrial property shall be taxed in an amount sufficient to meet the 35% share of facilities, which tax will include costs of issuance, interest and other costs, including sinking fund payments for future construction as applicable. 10167 COLLECTION OF ANNUAL TAX Residential: Determine monies necessary to make payment on bond debt service, replenish reserve, call bonds, pay bonds and Community Facilities District No. 1 administrative costs, and pay for public capital facilities. FIRST: Reduce this amount by the funds collected from Special Development Tax - One Time levied against residential properties. SECOND: The remaining funds needed are to be collected by the levy of the annual Special Tax - Undeveloped Property on undeveloped taxable residential acreage, in the proportional amounts of each property category as required, not to exceed the maximum authorized tax. Commercial and Industrial: Determine monies necessary to make payment on bond debt service, replenish reserve, call bonds, pay bonds, and Community Facilities District No. 1 administrative costs, and pay for current or future public capital facilities. FIRST: Reduce this amount by the funds collected from Special Development Tax - One Time and annual Special Tax - Developed Property levied against Commercial and Industrial properties. SECOND: Levy the annual Special Tax - Undeveloped Property on undeveloped taxable Commercial and Industrial acreage in the proportional amounts for each property category as required, not to exceed the maximum tax. Exhibit 4 RESIDENTIAL DEVELOPED LAND USE: NET DENSITY (1.51 TO 4.0 DUIAC) NET DENSITY (4.1 TO 8.0 DUIAC) NET DENSITY (8.1 TO 15.0 DU/AC) NET DENSITY (15.1 TO 23.0 DU/AC) NET DENSITY (0 - 1.5 DUIACI CITY OF CARLSBAD COMMUNITY FACILITIES DISTRICT NO. 1 SPECIAL DEVELOPMENT TAX - ONE-7YME IMPROVEMENT AREA I PERDU. $1,859.4356 $1,859.4356 $1,1736330 $1,1736330 $1,173,6330 I VALID JULY 1,2005 TO JUNE 30,2006 1 NOT IDENTIFIED ABOVE NOT IDENTIFIED ABOVE (NOTE 2) ALL OTHER INDUSTRIAL USES ANNEXED $0 8938 ~ $0.7267 NOTE 1: THIS CATEGORY OF LAND USE CONTAINS PM AND CM ZONED PROPERTY NOTE 2: THIS CATEGORY OF LAND USE CONTAINS M AND PU ZONED PROPERTY. Actual Special Tax 2005-2006 for Improvement Area 1