HomeMy WebLinkAboutCFD 01; General American Life Ins. Co/Bressi Lennar; 2003-0289327; Notice of Tax Lien,
RECORDING REQUESTED BY
WHEN RECORDED, RETURN TO:
14190 DOC # 2003-0289327
MQR 14s 2003 12=33 PM
CARLSBAD, CA 92008
AMENDMENT TO THE NOTICE OF SPECIAL TAX LIEN
(NOTICE OF ANNEXATION)
Pursuant to the requirements of Section 31 17.5 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:
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;
Park improvements generally described as the Macario Canyon Park;
Major street improvements in portions of the following designated public streets:
(a.) Faraday Avenue;
(b.) Cannon Road;
(c.) La Costa Avenue;
(d.) OlivenhainRancho Santa Fe Road; and
(e.) Leucadia Boulevard.
Major bridge and overpass facilities generally described as:
(a.) La Costa Interchange;
(b.) Poinsettia Interchange; and
(c.) Palomar Airport Road Interchange.
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 “By” and the special tax shall be collected in the same manner as
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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. 90-6741 18,
Maps of Assessment and Community Facilities Districts in the Office of the County Recorder for the
County of San Diego, State of California.
3. Boundgogap of Annexation Area No. 01/02- 61 recorded at Book 37 , Page \ 5 ,
Document No. oz~q3 zy, Maps of Assessment and Community Facilities Districts in the Office of the
County Recorder for the County of San Diego, State of California.
For fwrther information concerning the current and estimated fwture tax liability of owners or
purchasers of real property subject to this special tax lien, interested persons should contact the
following designated person:
Lisa Hildabrand, Finance Director
City of Carlsbad
1635 Faraday Avenue
Carlsbad, CA 92008
Telephone: (760) 602-2490
vity of Carlsbad
State of California
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CITY OF CARLSBAD
COMMUNITY FACILITIES DISTRICT NO. 1
PROPERTY OWNER NAMES AND ASSESSORS PARCEL NUMBERS
"EXHIBIT A**
Property Owner:
Assessor's Parcel No. :
Property Owner:
Assessor Parcel No.:
General American Life Insurance Company
213-030-17-00
Bressi Lennar Ranch Venture LLC
213-030-18-00
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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
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:
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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:
..
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MAXIMUM SPECIAL DEVELOPMENT TAX - ONE TIME FOR FISCAL
YEAR 1990/91 PER SQUARE FOOT OF BUILDING AREA
PROPERTY CATEGORY
COMMERCIAL USE IMPROVEMENT
DESIGNATIONS AREA I
Restaurant - Fast Food $ 28.46
Outdoor Tennis Courts 28.14
Convenience Market 27.31
Bank with Drive-thru 18.06
Campground 17.51
Restaurant - Sit Down 15.17
Marina 14.85
Bank - Walk In 12.83
Auto - Gasoline 8.1 1
Grocery Store 7.78 S & L with Drive-thru 7.59
Bowling Center 6.63
Restaurant - Quality 6.57
Neighborhood Shopping Center 6.46
Auto Car Wash 6.31 S & L - Walk In 5.51
Race Track 5.10
Library 4.26
Community Shopping Center 4.24
Hospital - General 3.88
Hotel - Conv. Fac/Comm. 3.47
Auto - Repair & Sales 3.41
Regional Shopping Center 3.35
Discount Store 3.22
Golf Course 3.06
Church 2.99
Office - Government 2.93
Commercial Shops 2.90
Health Club 2.89
Motel 2.69
Office - High Rise 2.67
Office - Commercial, 100,000 SF 2.56
LumbedHardware Store 2.47
Office - Medical 2.42
Hospital - Convalescent 2.33
Indoor Sports Arena 2.33
IMPROVEMENT
AREA II
$ 7.58 7.26
6.74
5.72
4.99
4.73
4.41
4.60
2.89
2.56
3.48
2.83
3.09
2.27
2.52
3.03
2.33
2.86
1.80
3.18
2.52
1.58
1.61
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
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PROPERTY CATEGORY
COMMERCIAL USE IMPROVEMENT IMPROVEMENT
DESIGNATIONS AREA I AREA II
Resort Hotel
University
Junior College
2.30 1.98
2.26 1.91
2.19 I .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 I .74 1.42
OR, IN THE ALTERNATEl
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 I and are all subject to annual increases to reflect increases in construction
costs. The Construction Cost Index of the Engineering News-Record, titled “ENR Cost
Indexes in 22 Cities” will be used. The Index published for the month of April for the
City of Los Angeles under the column heading of “Percentage Change from Last Year”
will annually inflate each of the Maximum Annual Taxes for each year for properties as
follows:
’ ...
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A. PROPERTIES WITHIN THE DISTRICT: Not to exceed 50% of the
above-referenced increase.
B. PROPERTIES TO BE SUBSEQUENTLY ANNEXED: Not to exceed 100%
of the above-referenced increase until annexed.
TERM OF TAX
The above taxes shall be levied until all bonds have been discharged and facilities
funded and/or guaranteed, and the SPECIAL DEVELOPMENT TAX - ONE TIME has
been paid; however, the ANNUAL SPECIAL TAX - DEVELOPED PROPERTY shall not
be levied for a period in excess of twenty-five (25) years per parcel.
Residential:
Once a building permit has been issued for Residential property and the SPECIAL
DEVELOPMENT TAX - ONE TIME has been paid, the property no longer will be
subject to any annual special tax.
Commercial and Industrial:
The Commercial and Industrial properties, upon the issuance of a building permit, have
the option to (1) pay the SPECIAL DEVELOPMENT TAX - ONE TIME or (2) assume the
ANNUAL SPECIAL TAX - DEVELOPED PROPERTY, as set forth above. Upon the
issuance of any building permit, no further increase or escalation is authorized.
ALLOCATION OF COST AND TAX
Total capital costs for all authorized facilities shall be allocated as follows: 65% to
Residential property, 35% to Commercial and Industrial property. The above costs
exclude costs of issuance as needed.
Residential 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.
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COLLECTION OF ANNUAL TAX
Residential:
Determine monies necessary to make payment on bond debt service, replenish reserve,
call bonds, pay bonds and Community Facilities District No. 1 administrative costs, and
pay for public capital facilities. FIRST: Reduce this amount by the funds collected from
Special Development Tax - One Time levied against residential properties. SECOND:
The remaining funds needed are to be collected by the levy of the annual Special Tax -
Undeveloped Property on undeveloped taxable residential acreage, in the proportional
amounts of each property category as required, not to exceed the maximum authorized
tax.
Commercial and Industrial:
Determine monies necessary to make payment on bond debt service, replenish reserve,
call bonds, pay bonds, and Community Facilities District No. 1 administrative costs, and
pay for current or future public capital facilities. FIRST: Reduce this amount by the
funds collected from Special Development Tax - One Time and annual Special Tax -
Developed Property levied against Commercial and Industrial properties. SECOND:
Levy the annual Special Tax - Undeveloped Property on undeveloped taxable
Commercial and Industrial acreage in the proportional amounts for each property
category as required, not to exceed the maximum tax.
***