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HomeMy WebLinkAboutCFD 01; LSOF Carlsbad Land LP; 2003-0289329; Notice of Tax LienWHEN RECORDED, RETURN TO: MQR 14s 2003 12233 PM AMENDMENT TO THE NOTICE OF SPECIAL TAX LIEN ~ .. ~ (NOTICE OF ANNEXATION) qp Pursuant to the requirements of Section 31 17.5 of the Streets and Highways Code and Section 53339.8 l of the Government Code, the undersigned City Clerk of the City of Carlsbad, acting for and on behalf I 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.) OlivenhairdRancho 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 “B,” and the special tax shall be collected in the same manner as 14209 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 3 115.5 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. Boundagap of Annexation Area No. 01/02- 63 recorded at Book 37 , Page 1’1 , Document No.o=q3& 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 hture 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 DATED: /# 7 2003 CiF of Carlsbad State of California Y 14220 CITY OF CARLSBAD COMMUNITY FACILITIES DISTRICT NO. 1 PROPERTY OWNER NAME AND ASSESSORS PARCEL NUMBER "EXHIBIT A" Property Owner: Assessor's Parcel No. : LSOF Carlsbad Land LP 221-01 1-03-00 22 1-0 1 1-04-00 221-01 1-05-00 22 1-0 10-22-00 14211 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 ll 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 I99011991 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: 14212 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 2,312.00 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: 14213 MAXIMUM SPECIAL DEVELOPMENT TAX - ONE TIME FOR FISCAL YEAR 1990/91 PER SQUARE FOOT OF BUILDING AREA PROPERTY CATEGORY COMMERCIAL USE DESIGNATIONS Restaurant - Fast Food 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. FacKomm. 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 LumbedHardware Store Office - Medical Hospital - Convalescent IMPROVEMENT AREA I $ 28.46 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 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 Indoor Sports Arena 2.33 2.23 14214 PROPERTY CATEGORY COMMERCIAL USE DESIGNATIONS Resort Hotel University Junior College All other Commercial Properties not identified above INDUSTRIAL USE DESIGNATIONS Heliports Industrial-Commercial Business Park All other Industrial Properties not identified above IMPROVEMENT AREA I 2.30 2.26 2.19 2.14 IMPROVEMENT AREA I $ 10.63 2.14 1.74 IMPROVEMENT AREA II 1.98 1.91 1.90 1.44 IMPROVEMENT AREA II $ 3.67 1.51 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 Enaineerina 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: 14215 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. 14216 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. ***