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Home My WebLink AboutID# 15-695 Establish CFD No 2015-2 Maintenance Service-Authorized Levy of Special TaxCI I -Y C)l , LIL REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: GRANT YATES CITY MANAGER DATE: JULY 28, 2015 SUBJECT: ESTABLISH CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2015 -2 (MAINTENANCE SERVICES) AND TO AUTHORIZE THE LEVY OF A SPECIALT TAX TO FINANCE CERTAIN SERVICES AND SET A PUBLIC HEARING FOR SEPTEMBER 8, 2015 TO SET THE ESTABLISHMENT OF THE CFD Recommendations 1. Accept the Petition from the developer initiating the formation of a Mello -Roos Community Facilities District, Exhibit 6 of the attached Resolution No. 2015- ; 2. Adopt Resolution No. 2015 -_ Resolution of Intention to establish the proposed City of Menifee Community Facilities District No. 2015 -2 (Maintenance Services) ( "CFD No. 2015 -2 ") and to authorize the levy of special assessment therein to finance certain services, and set a public hearing for September 8, 2015 to set the establishment of the CFD. Background The State Legislature enacted the Mello -Roos Community Facilities Act of 1982 (1982 Mello -Roos Act) to assist public agencies in financing certain public improvements by either issuing tax exempt securities that are repaid by annual levy of special taxes, or to provide for the financing of on -going public services through formation of a Community Facilities District ( "CFD "). Pursuant to Government Code section 53313, a CFD may be established to finance a wide variety of services within an area. The developer, California Gold Development. LLC, property owner of 33.51 acres of non - residential property within the City has requested that the City assist them in forming a CFD to cover the costs associated with the maintenance of public improvements for one parcel proposed to be developed. The improvements proposed to be maintained include two street lights adjacent to the new Tractor Supply Company. The landowner has advised the City that the area described in Exhibit 4 (of attached Resolution) will be established as the initial boundaries of CFD No. 2015 -2, that a rate and method of apportionment of the special assessments to be levied therein be established, and the Council establish the boundaries as described in Exhibit 5 (of attached Resolution), to be the boundaries of the territory in which future annexations may occur from time to time. The original parcel proposed to be included in the CFD will be included in Tax Zone 1 consisting of Parcel 2 of LLA 2014 -2743 (3.60 acres). The proposed total maximum assessment rate for Tax Zone 1 is $121 per acre per year. The assessment rate is proposed to escalate each year at the greater of Consumer Price Index (CPI) or 2 %. California Gold Development, LLC, has agreed to the formation of the CFD and submitted a "Consent and Waiver" form on file in the City Clerk's Office, to initiate and conduct proceedings pursuant to the 1982 Mello -Roos Act, for the creation of a community facilities district and consenting to the shortening of election time requirements, waiving analysis and arguments, and waiving all notice requirements relating to the conduct of the election. The next step to forming CFD No. 2015 -2 is to publish a notification of the proposed district along with the "Resolution of Intention" and Boundary Maps of the proposed CFD. A public hearing on the matter will take place on September 8, 2015, and at that time the Council will formally consider approval of the CFD. Discussion Attached hereto is the petition from the property owner requesting a community facilities district be formed to provide maintenance services in the area surrounding the subject property. Additionally, attached is a Resolution declaring the City's intent to form CFD No. 2015 -2 (Maintenance Services) authorizing the Annual Levy and Collection of Taxes and setting a public hearing for September 8, 2015. Fiscal Impact None. Prepared by: Jason Simpson Director of Administrative Services Approved by: Grant Yates City Manager Attachments 1. Resolution RESOLUTION NO. 2015- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DECLARING ITS INTENTION TO ESTABLISH COMMUNITY FACILITIES DISTRICT NO. 2015 -2 (MAINTENANCE SERVICES) AND AUTHORIZING THE LEVY OF A SPECIAL TAX THEREIN WHEREAS, the City Council (the "City Council ") of the City of Lake Elsinore (the "City "), intends to institute proceedings to establish Community Facilities District No. 2015 -2 (Maintenance Services) (the "CFD No. 2015 -2 ") pursuant to the Mello -Roos Community Facilities Act of 1982 (the "Act "), commencing with Section 53311 of the California Government Code (the "Government Code "), and to authorize the levy of special taxes within CFD No. 2015 -2 pursuant to the terms of the Act to fund the cost of providing services to CFD No. 2015 -2; and WHEREAS, the City Council has received a written instrument from the landowner in the CFD No. 2015 -2 to initiate and conduct proceedings pursuant to the Act, for the creation of a community facilities district and consenting to the shortening of election time requirements, waiving analysis and arguments, and waiving all notice requirements relating to the conduct of the election; and WHEREAS, the City Council has been advised that certain property owners have requested that the area described in Exhibit 3 be established as the boundaries of CFD No. 2015 -2, that a rate and method of apportionment of the special tax to be levied therein be established, and that the City Council establish the boundaries as described in Exhibit 4, to be the boundaries of the territory in which future annexations may occur from time to time. NOW, THEREFORE, be it resolved by the City Council of the City of Lake Elsinore, acting ex officio as the legislative body of Community Facilities District No. 2015 -2 (Maintenance Services) of the city of Lake Elsinore, determine and order as follows: INTENT TO ESTABLISH SECTION 1. The City Council hereby declares that it proposes and intends to establish a community facilities district pursuant to the provisions of the Act, in the manner described below. APPROVAL OF BOUNDARY MAPS SECTION 2. The proposed boundaries of CFD No. 2015 -2 are shown on a map on file in the office of the City Clerk (the 'Boundary Map "). The City Council hereby approves the Boundary Map, and the boundaries of CFD No. 2015 -2 may hereafter, for all purposes of these legal proceedings for the formation of CFD No. 2015 -2, be described by reference to the Boundary Map, a copy of which is attached City Council Resolution No. 2015 - Page 2 of 4 hereto as Exhibit 4. The City Clerk is hereby directed to (a) complete and execute the two certificates set forth on the map which days prior to the public hearing and to cause the Recorder's certificate on the Boundary Map to be completed and executed by a representative of the Recorder's staff. Additional properties that are within the boundaries of the annexation map may annex in to CFD No. 2015 -2 subsequent to formation of CFD No. 2015 -2. The owner of the property to be annexed shall submit a written consent for said annexation to CFD No. 2015 -2 and the City Council, acting ex- officio as the legislative body of CFD No. 2015 -2, shall call a special election as to the imposition of the special tax on said property as required by law. The boundaries of the territory within which any property may annex to CFD No. 2015 -2 are more particularly described and shown on that certain map entitled "Boundaries — Potential Annexation Area Community Facilities District No. 2015 -2 (Maintenance Services) of the City of Lake Elsinore, County of Riverside, State of California," a copy of which is attached hereto as Exhibit 5 and incorporated herein and made a part thereof. NAME OF THE COMMUNITY FACILITIES DISTRICT SECTION 3. The community facilities district proposed to be formed shall be known as "Community Facilities District No. 2015 -2 (Maintenance Services)." DESCRIPTION OF AUTHORIZED SERVICES SECTION 4. The services proposed to be financed by CFD No. 2015 -2 (the "Services ") are described in Exhibit 1 attached hereto. The cost of providing the Services includes "incidental expenses," which include costs associated with the creation of CFD No. 2015 -2, determination of the amount of special taxes, collection or payment of special taxes, or costs otherwise incurred in order to carry out the authorized purposes of CFD No. 2015 -2. The Services authorized to be financed by CFD No. 2015 -2 are in addition to those currently provided in the territory of CFD No. 2015 -2 and do not supplant services already available within that territory. LEVY OF SPECIAL TAX SECTION 5. Except where funds are otherwise available, a special tax sufficient to pay the costs of the Services (including incidental expenses), secured by recordation of a continuing lien against all nonexempt real property in CFD No. 2015 -2, will be levied annually within CFD No, 2015 -2. The rate and method of apportionment, and manner of collection of the special tax are specified in Exhibit 2. PUBLIC HEARING SECTION 6. NOTICE IS HEREBY GIVEN THAT TUESDAY, THE 8TH DAY OF SEPTEMBER, 2015, AT THE HOUR OF 7:00 O'CLOCK P.M. IN THE CITY City Council Resolution No. 2015 - Page 3 of 4 COUNCIL CHAMBERS LOCATED AT THE CULTURAL CENTER, 183 N. MAIN STREET, LAKE ELSINORE, IS THE TIME AND PLACE FIXED BY THIS CITY COUNCIL FOR THE HEARING OF PROTESTS OR OBJECTIONS IN REFERENCE TO THE FORMATION OF COMMUNITY FACILITIES DISTRICT NO. 2015 -2 (MAINTENANCE SERVICES), TO THE EXTENT OF THE MAINTENANCE, AND ANY OTHER MATTERS CONTAINED IN THIS RESOLUTION BY THOSE PROPERTY OWNERS AFFECTED HEREBY. ANY PERSONS WHO WISH TO OBJECT TO THE PROCEEDINGS FOR THE FORMATION SHOULD FILE A WRITTEN PROTEST WITH THE CITY CLERK PRIOR TO THE TIME SET AND SCHEDULED FOR SAID PUBLIC HEARING. NOTICE SECTION 7. The City Clerk is hereby directed to publish, or cause to be published, a notice of said public hearing one time in a newspaper of general circulation published in the area of CFD No. 2015 -2. The publication of said notice shall be completed at least seven days prior to the date herein fixed for said hearing. Said notice shall contain the information prescribed by Section 53322 of the Act. HEARING REPORT SECTION 8. The City Council directs the City Manager to study the proposed CFD No. 2015 -2 and, at or before the time of the hearing, to cause to be prepared and filed with the City Council a report containing a brief description of the services that will, in its opinion, be required to adequately meet the needs of CFD No. 2015 -2, an estimate of the cost of providing those services; and the fair and reasonable cost of incidental expenses to be incurred in connection therewith. DESCRIPTION OF PROPOSED VOTING PROCEDURES SECTION 9. If, at the conclusion of the public hearing, the City Council adopts a resolution establishing CFD No. 2015 -2, the City Council proposes to order an election by mailed ballot and submit the question of the levy of the special tax to the qualified electors. The City Council hereby determines that the services are necessary to meet increased demands placed upon the City as a result of development occurring within the boundaries of CFD No. 2015 -2. Because fewer than 12 registered voters currently reside within CFD No. 2015 -2, the qualified electors shall be the landowners within CFD No. 2015 -2, and each landowner who is an owner of record at the close of the hearing shall have one vote for each acre or portion of an acre of land that such landowner owns within the proposed CFD. SECTION 10. For any and all information relating to the proceedings, protest procedure, any documentation and /or information of a procedural or technical nature, your attention is directed to the below listed person at the local agency or department so designated: City Council Resolution No. 2015 -_ Page 4 of 4 Director of Administrative Services City of Lake Elsinore, City Hall 130 South Main Street Lake Elsinore, CA 92530 PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Lake Elsinore, California, this 28th day of July, 2015. MANOS.MAYOR ATTEST: VIRGINIA BLOOM CITY CLERK APPROVED AS TO FORM: BARBARA LEIBOLD CITY ATTORNEY EXHIBIT 1 DESCRIPTION OF AUTHORIZED SERVICES COMMUNITY FACILITIES DISTRICT NO. 2015 -2 (MAINTENANCE SERVICES) The services which may be funded with proceeds of the special tax of CFD No. 2015 -2, as provided by Section 53313 of the Act, will include all costs attributable to maintaining, servicing, cleaning, repairing and /or replacing landscaped areas (may include reserves for replacement) in public street right -of -ways, public landscaping, public open spaces and other similar landscaped areas officially dedicated for public use. These services including the following: (a) maintenance and lighting of parks, parkways, streets, roads and open space, which maintenance and lighting services may include, without limitation, furnishing of electrical power to street lights; repair and replacement of damaged or inoperative light bulbs, fixtures and standards; maintenance (including irrigation and replacement) of landscaping vegetation situated on or adjacent to parks, parkways, streets, roads and open space; maintenance and repair of irrigation facilities; maintenance of public signage; graffiti removal from and maintenance and repair of public structures situated on parks, parkways, streets, roads and open space; maintenance and repair of playground or recreation program equipment or facilities situated on any park; and (b) maintenance and operation of water quality improvements which include storm drainage and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts, infiltration basins, flood control channels, fossil fuel filters, and similar facilities. Maintenance services may include but is not limited to the repair, removal or replacement of all or part of any of the water quality improvements, fossil fuel filters within the public right -of -way including the removal of petroleum hydrocarbons and other pollutants from water runoff, or appurtenant facilities, clearing of inlets and outlets; erosion repairs; and cleanup to improvements, and other items necessary for the maintenance, servicing; or both of the water quality basin improvements within flood control channel improvements; and (c) public street sweeping, on the segments of the arterials within the boundaries of CFD No. 2015 -2; as well as local roads within residential subdivisions located within CFD No. 2015 -2; and any portions adjacent to the properties within CFD No. 2015 -2; and In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may be expended to pay "Administrative Expenses," as said term is defined in Exhibit B to this resolution of intention. The above services shall be limited to those provided within the boundaries of CFD No. 2015 -2 or for the benefit of the properties within the boundaries of CFD No. 2015 -2, and said services may be financed by proceeds of the special tax of CFD No. 2015 -2 only to the extent that they are in addition to those provided in the territory of CFD No. 2015 -2 before CFD No. 2015 -2 was created. EXHIBIT 2 RATE AND METHOD OF APPORTIONMENT COMMUNITY FACILITIES DISTRICT NO. 2015 -2 (MAINTENANCE SERVICES) RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2015 -2 (MAINTENANCE SERVICES) OF THE CITY OF LAKE ELSINORE A Special Tax (the "Special Tax') shall be levied on and collected from each Assessor's Parcel (defined below) in Community Facilities District No. 2015 -2 (Maintenance Services) (the "CFD No. 2015 -2" or "CFD "; defined below), in each Fiscal Year, (defined below), commencing in the Fiscal Year beginning July 1, 2015, in an amount determined by the City Council of the City of Lake Elsinore, acting ex officio as the legislative body of CFD No. 2015 -2, by applying the rate and method of apportionment set forth below. All of the real property in CFD No. 2015 -2, unless exempted by law or by the provisions herein, shall be taxed to the extent and in the manner provided herein. A. DEFINITIONS "Acre" or "Acreage" means the land area of an Assessor's Parcel as shown on any Assessor's Parcel Map, or if the land area is not shown on the Assessor's Parcel Map, the land area as shown on the applicable Final Map, or if the area is not shown on the applicable Final Map, the land area shall be calculated by the Administrator. "Administrative Expenses" means the actual or reasonably estimated costs directly related to the formation, annexation, and administration of CFD No. 2015 -2 including, but not limited to: the costs of computing the Special Taxes and preparing the annual Special Tax collection schedules (whether by the City or designee thereof or both); the costs to the City, CFD No. 2015 -2, or any designee thereof associated with fulfilling the CFD No. 2015 -2 disclosure requirements; the costs associated with responding to public inquiries regarding the Special Taxes; the costs of the City, CFD No. 2015 -2 or any designee thereof related to an appeal of the Special Tax; and the City's annual administration fees including payment of a proportional share of salaries and benefits of any City employees and City overhead whose duties are related to the administration and third party expenses. Administrative Expenses shall also include amounts estimated or advanced by the City or CFD No. 2015 -2 for any other administrative purposes of CFD No. 2015 -2, including attorney's fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes. "Administrator" means the City Manager of the City of Lake Elsinore, or his or her designee. "Approved Property" means all Assessor's Parcels of Taxable Property that are included in a Final Map that was recorded prior to the March 1 preceding the Fiscal Year in which the Special Tax is being levied, and that have not been issued a building permit on or prior to the March 1 preceding the Fiscal year in which the special tax is being levied. "Assessor's Parcel" means a lot or parcel of land that is identifiable by an Assessor's Parcel Number by the County Assessor of the County of Riverside. "Assessor's Parcel Map" means an official map of the Assessor of the County designating parcels by Assessor's Parcel Number. "Assessor's Parcel Number" means that identification number assigned to a parcel by the County Assessor of the County. City of Lake Elsinore 2 -1 Community Facilities District No. 2015 -2 (Maintenance Services) "Building Square Footage" or "BSF" means the floor area square footage reflected on the original construction building permit issued for construction of a building of Non - Residential Property and any Building Square Footage subsequently added to a building of such Taxable Property after issuance of a building permit for expansion or renovation of such building. "Calendar Year" means the period commencing January 1 of any year and ending the following December 31. "CFD" or "CFD No. 2015 -2" means the City of Lake Elsinore Community Facilities District No. 2015 -2 (Maintenance Services). "City" has the meaning set forth in the preamble. "Contingent Special Tax B Requirement" means that amount required in any Fiscal Year, if the POA is unable to maintain the Service(s) to: (i) pay the costs of Services incurred or otherwise payable in the Calendar Year commencing in such Fiscal Year; (ii) fund an operating reserve for the costs of Services as determined by the Administrator; less a credit for funds available to reduce the annual Special Tax B (Contingent) levy as determined by the Administrator. "County" means the County of Riverside. "Developed Property" means all Assessor's Parcels of Taxable Property for which a building permit for new construction has been issued on or prior to March 1 preceding the Fiscal Year in which the Special Tax is being levied. "Exempt Property" means all Assessors' Parcels designated as being exempt from the Special Tax as provided for in Section G. "Final Map" means a subdivision of property by recordation of a final map, parcel map, or lot line adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) or recordation of a condominium plan pursuant to California Civil Code 1352 that creates individual lots for which building permits may be issued without further subdivision. "Fiscal Year" means the period from and including July 1'` of any year to and including the following June 30" "Land Use Category" or "LUC" means any of the categories contained in Section B hereof to which an Assessor's Parcel is assigned consistent with the land use approvals that have been received or proposed for the Assessor's Parcel as of March 1 preceding the Fiscal Year in which the Special Tax is being levied. "Maximum Special Tax" means either Maximum Special Tax A and /or Maximum Special Tax B (Contingent), as applicable. "Maximum Special Tax A" means the Maximum Special Tax A, as determined in accordance with Section C below that can be levied in any Fiscal Year on any Assessor's Parcel of Taxable Property within CFD No. 2015 -2. City of Lake Elsinore 2 -2 Community Facilities District No. 2015 -2 (Maintenance Services) "Maximum Special Tax B (Contingent)" means the Maximum Special Tax B (Contingent), as determined in accordance with Section C below that can be levied in any Fiscal Year on any Assessor's Parcel of Taxable Property within CFD No. 2015 -2. "Multi- Family Residential Property" means any Assessor's Parcel of residential property that consists of a building or buildings comprised of attached Residential Units sharing at least one common wall with another unit. "Non- Residential Property" or "NR" means all Assessor's Parcels of Taxable Property for which a building permit(s) was issued for a non - residential use. The Administrator shall make the determination if an Assessor's Parcel is Non - Residential Property. "Property Owner's Association" or "POA" means the property owner's association or homeowner's association established to maintain certain landscaping within a Tax Zone. "Proportionately" means for Taxable Property that is: (i) Developed Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same for all Parcels of Developed Property, (ii) Approved Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same for all Parcels of Approved Property, and (iii) Undeveloped Property that the ratio of the actual Special Tax levy per acre to the Maximum Special Tax per acre is the same for all Parcels of Undeveloped Property. "Residential Unit" or "RU" means a residential unit that is used or intended to be used as a domicile by one or more persons, as determined by the Administrator. "Residential Property" means all Assessor's Parcels of Taxable Property upon which completed Residential Units have been constructed or for which building permits have been or may be issued for purposes of constructing one or more Residential Units. "Service(s)" means services permitted under the Mello -Roos Community Facilities Act of 1982 including, without limitation, those services authorized to be funded by CFD No. 2015 -2 as set forth in the documents adopted by the City Council at the time the CFD was formed. "Single Family Residential Property" means any residential property other than Multi - Family Residential Property on an Assessor's Parcel. "Special Tax(es)" means the Special Tax A and /or Special Tax B (Contingent) to be levied in each Fiscal Year on each Assessor's Parcel of Taxable Property. "Special Tax A" means the annual special tax to be levied in each Fiscal Year on each Assessor's Parcel of Taxable Property to fund the Special Tax A Requirement. "Special Tax A Requirement" means that amount to be collected in any Fiscal Year to pay for certain costs as required to meet the needs of CFD No. 2015 -2 in both the current Fiscal Year and the next Fiscal Year. The costs to be covered shall be the direct costs for maintenance services including but not limited to (i) maintenance and lighting of parks, parkways, streets, roads and open space, (ii) maintenance and operation of water quality improvements, (iii) public street sweeping, (iv) fund an operating reserve for the costs of Services as determined by the Administrator, and (v) Administrative Expenses. Under no circumstances shall the Special Tax A Requirement include funds for Bonds. City of Lake Elsinore 2 -3 Community Facilities District No. 2015 -2 (Maintenance Services) "Special Tax B (Contingent)" means the Special Tax B (Contingent) to be levied in each Fiscal Year on each Assessor's Parcel of Taxable Property to fund the Contingent Special Tax B Requirement, if required. "Taxable Property" means all Assessor's Parcels within CFD No. 2015 -2, which are not Exempt Property. "Taxable Unit" means a Residential Unit, Building Square Footage, or an Acre. "Tax Zone" means a mutually exclusive geographic area, within which particular Special Tax rates may be levied pursuant to this Rate and Method of Apportionment of Special Tax. Appendix C identifies the Tax Zone in CFD No. 2015 -2 at formation; additional Tax Zones may be created when property is annexed into the CFD. "Tax Zone 1" means the specific geographic area identified on the CFD Boundary Map as Tax Zone 1. "Tract(s)" means an area of land within a subdivision identified by a particular tract number on a Final Map approved for the subdivision. "Undeveloped Property" means, for each Fiscal Year, all Taxable Property not classified as Developed Property or Approved Property. B. ASSIGNMENT TO LAND USE CATEGORIES For each Fiscal Year, all Assessor's Parcels of Taxable Property within CFD No. 2015 -2 shall be classified as Developed Property, Approved Property, or Undeveloped Property, and shall be subject to the levy of Special Taxes as determined pursuant to Sections C and D below. Assessor's Parcels of Developed Property and Approved Property shall be classified as either Residential Property or Non - Residential Property. Residential Property shall be further classified as Single Family Residential Property or Multi - Family Residential Property and the number of Residential Units shall be determined by the Administrator. C. MAXIMUM SPECIAL TAX RATES For purposes of determining the applicable Maximum Special Tax for Assessor's Parcels of Developed Property and Approved Property which are classified as Residential Property, all such Assessor's Parcels shall be assigned the number of Residential Unit(s) constructed or to be constructed thereon as specified in or shown on the building permit(s) issued or Final Map as determined by the Administrator. For Parcels of undeveloped property zoned for development of single family attached or multi - family units, the number of Residential Units shall be determined by referencing the condominium plan, apartment plan, site plan or other development plan, or by assigning the maximum allowable units permitted based on the underlying zoning for the Parcel. Once a single family attached or multi - family building or buildings have been built on an Assessor's Parcel, the Administrator shall determine the actual number of Residential Units contained within the building or buildings, and the Special Tax A levied against the Parcel in the next Fiscal Year shall be calculated by multiplying the actual number of Residential Units by the Maximum Special Tax per Residential Unit identified for the Tract below or as included in Appendix A as each Annexation occurs. City of Lake Elsinore 2-4 Community Facilities District No. 2015 -2 (Maintenance Services) For purposes of determining the applicable Maximum Special Tax for Assessor's Parcels of Developed Property and Approved Property which are classified as Non - Residential Property, all such Assessor's Parcels shall be assigned the number of Building Square Footage or Acres as shown on the Final Map as determined by the Administrator. Once the Administrator determines the actual number of Building Square Footage or Acres for the Assessor's Parcels, the Special Tax A levied against the Assessor's Parcel in the next Fiscal Year shall be calculated by multiplying the number of Building Square Footage or Acres by the Maximum Special Tax per Taxable Unit identified for the Tax Zone below or as included in Appendix A as each Annexation occurs. 1. Special Tax A a. Developed Property (i) Maximum Special Tax A The Maximum Special Tax A for each Assessor's Parcel of Taxable Property is shown in Table 1 and shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2015 -2, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax A for the Tax Zones annexed and included in Appendix A. The Maximum Special Tax A for Fiscal Year 2015 -2016 within the Tax Zone is identified in Table 1 below: TABLE 1 MAXIMUM SPECIAL TAX A RATES DEVELOPED PROPERTY Tax Zone Tract Land Use Category Taxable Unit Maximum Special Tax A 1 LLA- 2014 -2743 Non - Residential Property Acre $121 (ii) Increase in the Maximum Special Tax A On each July 1, commencing on July 1, 2016 the Maximum Special Tax A for Developed Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982 -84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0 %), whichever is greater. (iii) Multiple Land Use Categories In some instances an Assessor's Parcel of Developed Property may contain more than one Land Use Category. The Maximum Special Tax A that can be levied on an Assessor's Parcel shall be the sum of the Maximum Special Tax A that can be levied for each Land Use Category located on that Assessor's Parcel. For an Assessor's Parcel that contains more than one land use the Acreage of such Assessor's Parcel shall be allocated to each type of property based on the amount of Acreage designated for each land use as determined by reference to the site plan approved for such Assessor's Parcel. The Administrator's allocation to each type of property shall be final. b. Approved Property The Maximum Special Tax A for each Assessor's Parcel of Taxable Property is shown in Table 2 and shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2015 -2, the rate and method adopted for the annexed property shall reflect the City of Lake Elsinore 2 -5 Community Facilities District No. 2015 -2 (Maintenance Services) Maximum Special Tax A for the Tax Zone annexed and included in Appendix A. The Maximum Special Tax A for Fiscal Year 2015 -2016 within the Tax Zone is identified in Table 2 below: TABLE 2 MAXIMUM SPECIAL TAX A RATES APPROVED PROPERTY Tax Zone Tract Land Use Category Taxable Unit Maximum Special Tax A 1 LLA- 2014 -2743 Non - Residential Property Acre $121 On each July 1, commencing on July 1, 2016 the Maximum Special Tax A for Approved Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982 -84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0 %), whichever is greater. c. Undeveloped Property The Maximum Special Tax A for each Assessor's Parcel of Taxable Property is shown in Table 3 and shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2015 -2, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax A for the Tax Zone annexed and included in Appendix A. The Maximum Special Tax A for Fiscal Year 2015 -2016 within the Tax Zone is identified in Table 3 below: TABLE 3 MAXIMUM SPECIAL TAX A RATES UNDEVELOPED PROPERTY Tax Zone Tracts I Taxable Unit Maximum Special Tax A 1 LLA- 2014 -2743 1 Acre $121 On each July 1, commencing on July 1, 2016 the Maximum Special Tax A for Undeveloped Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982 -84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0 %), whichever is greater. 2. Special Tax B (Contingent) (i) Maximum Special Tax B (Contingent) The Maximum Special Tax B (Contingent) for each Assessor's Parcel of Taxable Property is shown in Table 1 and shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2015 -2, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax B (Contingent) for the Tax Zones annexed and included in Appendix A. The Maximum Special Tax B (Contingent) for Fiscal Year 2015- 2016 within the Tax Zone is identified in Table 4 below: City of Lake Elsinore 2-6 Community Facilities District No. 2015 -2 (Maintenance Services) TABLE 4 MAXIMUM SPECIAL TAX B (CONTINGENT) RATES DEVELOPED PROPERTY Ez::E: Tract Land Use Category Taxable Unit Maximum Special Tax B (Contingent) 1 I LLA- 2014 -2743 Non - Residential Property Acre $0 (ii) Increase in the Maximum Special Tax B (Contingent) On each July 1, commencing on July 1, 2016 the Maximum Special Tax B (Contingent) for Developed Property shall increase by 1) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982 -84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater. (iii) Multiple Land Use Categories In some instances an Assessor's Parcel of Developed Property may contain more than one Land Use Category. The Maximum Special Tax B (Contingent) that can be levied on an Assessor's Parcel shall be the sum of the Maximum Special Tax B (Contingent) that can be levied for each Land Use Category located on that Assessor's Parcel. For an Assessor's Parcel that contains more than one land use, the Acreage of such Assessor's Parcel shall be allocated to each type of property based on the amount of Acreage designated for each land use as determined by reference to the site plan approved for such Assessor's Parcel. The Administrator's allocation to each type of property shall be final. b. Approved Property The Maximum Special Tax B (Contingent) for each Assessor's Parcel of Taxable Property is shown in Table 5 and shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2015 -2, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax B (Contingent) for the Tax Zone annexed and included in Appendix A. The Maximum Special Tax B (Contingent) for Fiscal Year 2015 -2016 within the Tax Zone is identified in Table 5 below: TABLE 5 MAXIMUM SPECIAL TAX B (CONTINGENT) RATES APPROVED PROPERTY Tax Zone Tract Land Use Category Taxable Unit Maximum Special Tax B (Contingent) 1 LLA- 2014 -2743 Non - Residential Property Acre 1 $0 On each July 1, commencing on July 1, 2016 the Maximum Special Tax B (Contingent) for Approved Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982 -84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0 %), whichever is greater. c. Undeveloped Property The Maximum Special Tax B (Contingent) for each Assessor's Parcel of Taxable Property is shown in Table 6 and shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2015 -2, the rate and method adopted for the annexed property shall City of Lake Elsinore 2 -7 Community Facilities District No. 2015 -2 (Maintenance Services) reflect the Maximum Special Tax B (Contingent) for the Tax Zone annexed and included in Appendix A. The Maximum Special Tax B (Contingent) for Fiscal Year 2015 -2016 within the Tax Zone is identified in Table 6 below: TABLE 6 MAXIMUM SPECIAL TAX B (CONTINGENT) RATES UNDEVELOPED PROPERTY Tax Zone Tracts Taxable Unit - - -- Maximum Special Tax B (Contingent) 1 1 LLA- 2014 -2743 Acre $0 On each July 1, commencing on July 1, 2016 the Maximum Special Tax B (Contingent) for Undeveloped Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982 -84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0 %), whichever is greater. D. METHOD OF APPORTIONMENT OF ANNUAL SPECIAL TAX 1. Special Tax A Commencing with Fiscal Year 2015 -2016 and for each following Fiscal Year, the Council shall determine the Special Tax A Requirement and shall levy the Special Tax A on all Assessor's Parcels of Taxable Property until the aggregate amount of Special Tax A equals the Special Tax A Requirement for each Tax Zone. The Special Tax A shall be levied for each Fiscal Year as follows: First: The Special Tax A shall be levied Proportionately on all Assessor's Parcels of Developed Property up to 100% of the applicable Maximum Special Tax to satisfy the Special Tax A Requirement; Second: If additional moneys are needed to satisfy the Special Tax A Requirement after the first step has been completed, the Special Tax A shall be levied Proportionately on each Parcel of Approved Property at up to 100% of the Maximum Special Tax A for Approved Property; Third: If additional monies are needed to satisfy the Special Tax A Requirement after the first two steps has been completed, the Special Tax A shall be levied Proportionately on all Assessor's Parcels of Undeveloped Property up to 100% of the Maximum Special Tax A for Undeveloped Property. 2. Special Tax B (Contingent) Commencing with Fiscal Year 2015 -2016 and for each following Fiscal Year, the Council shall determine the Contingent Special Tax B Requirement and shall levy the Special Tax on all Assessor's Parcels of Taxable Property until the aggregate amount of Special Tax B (Contingent) equals the Contingent Special Tax B Requirement. The Special Tax B (Contingent) shall be levied for each Fiscal Year as follows: First: The Special Tax shall be levied Proportionately on all Assessor's Parcels of Developed Property up to 100% of the applicable Maximum Special Tax B (Contingent) to satisfy the Contingent Special Tax B Requirement; City of Lake Elsinore 2 -8 Community Facilities District No. 2015 -2 (Maintenance Services) Second: If additional moneys are needed to satisfy the Contingent Special Tax B Requirement after the first step has been completed, the Special Tax B (Contingent) shall be levied Proportionately on each Parcel of Approved Property at up to 100% of the Maximum Special Tax B (Contingent) for Approved Property; Third: If additional monies are needed to satisfy the Contingent Special Tax B Requirement after the first two steps has been completed, the Special Tax B (Contingent) shall be levied Proportionately on all Assessor's Parcels of Undeveloped Property up to 100% of the Maximum Special Tax B (Contingent) for Undeveloped Property. E. FUTURE ANNEXATIONS It is anticipated that additional properties will be annexed to CFD No. 2015 -2 from time to time. As each annexation is proposed, an analysis will be prepared to determine the annual cost for providing Services. Based on this analysis, the property to be annexed, pursuant to California Government Code section 53339 et seq. will be assigned to the appropriate Maximum Special Tax rate for the Tax Zone when annexed and included in Appendix A. F. TERM OF SPECIAL TAX For each Fiscal Year, the Special Taxes shall be levied as long as the Services are being provided. G. EXEMPTIONS The City shall classify as Exempt Property within CFD No. 2015 -2, any Assessor's Parcel in any of the following categories; (i) Assessor's Parcels which are owned by, irrevocably offered for dedication, encumbered by or restricted in use by any public entity; (ii) Assessor's Parcels with public or utility easements making impractical their utilization for other than the purposes set forth in the easement; (iii) Assessor's Parcels which are privately owned but are encumbered by or restricted solely for public uses; or (iv) any Assessor's Parcel which is in use in the performance of a public function as determined by the Administrator. H. APPEALS Any property owner claiming that the amount or application of the Special Taxes are not correct may file a written notice of appeal with the City not later than twelve months after having paid the first installment of the Special Tax that is disputed. A representative(s) of CFD No. 2015 -2 shall promptly review the appeal, and if necessary, meet with the property owner, consider written and oral evidence regarding the amount of the Special Tax, and rule on the appeal. If the representative's decision requires that the Special Tax for an Assessor's Parcel be modified or changed in favor of the property owner, a cash refund shall not be made, but an adjustment shall be made to the Special Tax on that Assessor's Parcel in the subsequent Fiscal Year(s). I. MANNER OF COLLECTION The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that CFD No. 2015 -2 may collect the Special Tax at a different time or in a different manner if necessary to meet its financial obligations. City of Lake Elsinore 2.9 Community Facilities District No. 2015 -2 (Maintenance Services) APPENDIX A CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2015 -2 (MAINTENANCE SERVICES) COST ESTIMATE Special Tax A Services - The estimate breaks down the costs of providing one year's maintenance services for Fiscal Year 2015 -2016. These services are being funded by the levy of Special Tax A for Community Facilities District No. 2015 -2. TAX ZONE 1 TRACT NO. LLA- 2014 -2743 Item Description Estimated Cost 1 _� 2 Streetlights $378 Administration and Reserves Costs $57 Total $435 Special Tax B Contingent Services - The estimate breaks down the costs of providing one year's maintenance services for Fiscal Year 2015 -2016. These services are being funded by the levy of Special Tax B (Contingent) for Community Facilities District No. 2015 -2. TAX ZONE 1 TRACT NO. LLA- 2014 -2743 There are no proposed services to be paid by the Special Tax B Contingent Services. MAXIMUM SPECIAL TAXES ASSIGNED TO EACH TAX ZONE ESCALATION OF MAXIMUM SPECIAL TAXES On each July 1, commencing on July 1, 2016 the Maximum Special Tax shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982 -84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0 %), whichever is greater. City of Lake Elsinore 2 -10 Community Facilities District No. 2015 -2 (Maintenance Services) Fiscal No. of Maximum Maximum Tax Year Taxable Land Use Taxable Special Tax Special Tax B Zone Included Tract Units Category Unit A (Contingent) Subdivider LLA -2014- Non- California Gold 1 2015 -16 2743 3.60 Residential Acre $121 $0 Development ESCALATION OF MAXIMUM SPECIAL TAXES On each July 1, commencing on July 1, 2016 the Maximum Special Tax shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982 -84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0 %), whichever is greater. City of Lake Elsinore 2 -10 Community Facilities District No. 2015 -2 (Maintenance Services) APPENDIX B CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2015 -2 (MAINTENANCE SERVICES) DESCRIPTION OF AUTHORIZED SERVICES The services which may be funded with proceeds of the special tax of CFD No. 2015 -2, as provided by Section 53313 of the Act, will include all costs attributable to maintaining, servicing, cleaning, repairing and /or replacing landscaped areas (may include reserves for replacement) in public street right -of -ways, public landscaping, public open spaces and other similar landscaped areas officially dedicated for public use. These services including the following: (a) maintenance and lighting of parks, parkways, streets, roads and open space, which maintenance and lighting services may include, without limitation, furnishing of electrical power to street lights; repair and replacement of damaged or inoperative light bulbs, fixtures and standards; maintenance (including irrigation and replacement) of landscaping vegetation situated on or adjacent to parks, parkways, streets, roads and open space; maintenance and repair of irrigation facilities; maintenance of public signage; graffiti removal from and maintenance and repair of public structures situated on parks, parkways, streets, roads and open space; maintenance and repair of playground or recreation program equipment or facilities situated on any park; and (b) maintenance and operation of water quality improvements which include storm drainage and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts, infiltration basins, flood control channels, fossil fuel filters, and similar facilities. Maintenance services may include but is not limited to the repair, removal or replacement of all or part of any of the water quality improvements, fossil fuel filters within the public right -of -way including the removal of petroleum hydrocarbons and other pollutants from water runoff, or appurtenant facilities, clearing of inlets and outlets; erosion repairs; and cleanup to improvements, and other items necessary for the maintenance, servicing; or both of the water quality basin improvements within flood control channel improvements; and (c) public street sweeping, on the segments of the arterials within the boundaries of CFD No. 2015 -2; as well as local roads within residential subdivisions located within CFD No. 2015 -2; and any portions adjacent to the properties within CFD No. 2015 -2; and In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may be expended to pay "Administrative Expenses," as said term is defined in the Rate and Method of Apportionment. The above services shall be limited to those provided within the boundaries of CFD No. 2015 -2 or for the benefit of the properties within the boundaries of CFD No. 2015 -2, as the boundary is expanded from time to time by anticipated annexations, and said services may be financed by proceeds of the special tax of CFD No. 2015 -2 only to the extent that they are in addition to those provided in the territory of CFD No. 2015 -2 before CFD No. 2015 -2 was created. City of Lake Elsinore 2 -11 Community Facilities District No. 2015 -2 (Maintenance Services) APPENDIX C CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2015 -2 (MAINTENANCE SERVICES) PROPOSED BOUNDARIES AND POTENTIAL ANNEXATION AREA BOUNDARIES City of Lake Elsinore 2 -12 Community Facilities District No. 2015 -2 (Maintenance Services) § 14�41 § 2(0w ® GGELL \ F- ;l2 Q Q32 F- LU M ��, � ;!!$ Q =zLL n $ )( °E E >. x \ \��0 a � % 0 0 0 K §§ :) \\ \ } \� }) \ /� \\ S6C: :t /\ I � }z d ILI }\ \( 5\ L ILI ILL \ //( W\ }r \} 4((( (( }} \ \! \4 )i } \4 >! \ }! � \ � \ � \ j 9 \! ^)� \\ d I \ t :K/ . ` E /\/ IS / \( 5\ L ILI ILL \ //( W\ }r \} 4((( (( }} \ \! \4 )i } \4 >! \ }! � \ � \ � \ `E( /� � \\ ��\(( Z §or \ \d\ � /S0 ��/ SNy \k0 /k§ {— . \ \ /K \O,, �(§ ;. /` \ ) \ �} �} W\ :;;o, . } EXHIBIT 3 DESCRIPTION AND LOCATION OF DISTRICT COMMUNITY FACILITIES DISTRICT NO. 2015 -2 (MAINTENANCE SERVICES) The City of Lake Elsinore Community Facilities District No. 2015 -2 (Maintenance Services) (the "CFD No. 2015 -2 ") is currently comprised of a portion of two (2) parcels, located within the city boundaries. The properties are included in Lot Line Adjustment No. 2014 -2743 Parcel 2, identified by the following Riverside County Assessor's Parcel Number (APN). APN Tract Number Owner Name 377 -120 -002 Por. LLA 2014 -2743 California Gold Development, LLC 377- 120 -038 (Por.) LLA 2014 -2743 California Gold Development LLC RECORDING REQUESTED BY Stewart Title of California, Inc. AND WHEN RECORDED MAIL TO City of Lake Elsinore Attn: City Clerk 130 South Main Street Lake Elsinore, CA 92530 DOC # 2015 - 0045347 02/05/2015 08:00 AM Fees: $58.00 Page 1 of 12 Recorded in Official Records County, of Riverside Peter Aldana Assessor, County Clerk & Recorder "This document was electronically submitted to the County of Riverside for recording " Receipted by: LCWEATHERS CITY OF LAKE ELSINORE NOTICE OF LOT LINE ADJUSTMENT NO. 2014 -2743 RECORDING REQUESTED BY Stewart Title of California, Inc. AND WHEN RECORDED MAIL TO City of Lake Elsinore Attn: City Clerk 130 South Main Street Lake Elsinore, CA 92530 CITY OF LAKE ELSINORE NOTICE OF LOT LINE ADJUSTMENT NO. 2014 -2743 Recording Requested By: RKW & MLW Elsinore, LP When Recorded, Return Original to: City of Lake Elsinore Attn: City Clerk 130 South Main Street Lake Elsinore, CA 92530 Recnrd Owners: This Area for Recorder's Use Only CITY OF LAKE ELSINORE NOTICE OF LOT LINE ADJUSTMENT NO. 2014-2145 Parcel 1 377 - 220 -028, 022 Name: existing assessors parcel no. Name: RKW & MLW Elsinore, LP Address: St., Suite K, Orange, CA 92867 1080 N. Batavia St., Suite K, Orange, CA 92867 Parcel 4 existing assessors parcel no. Parcel 377 - 220 -017 Address: existing assessors rcel no. Name: RKW & MLW Elsinore, LP Address: 1080 N. Batavia St., Suite K, Orange, CA 92867 Parcel 377 -220- 029,022 exls Ing assessors parce no. Name: RKW &MLW Elsinore, LP Address: Approved 1080 N. Batavia St., Suite K, Orange, CA 92867 Denied City Engineer Parcel 4 existing assessors parcel no. Name: Denied Address: Virginia J Bloom, City Clerk LEGAL DESCRIPTION OF ADJUSTED PARCELS See attached Legal Description - Exhibit "A" I (We) hereby certify that 1) 1 am (We are) the record owner(s) of all parcels proposed for adjustment by this application, 2) 1 (We) have knowledge of a consent to the filing of this application, and 3) the information submitted in connection with this application is true and correct. Print/Type Name/Title Above: Signal ure of own ,Qf Pare ,3 Debra M. Wong / Manager Print(Type Name/Title Above: Signature(s) of owner(s) of Parcel 1,2, PrintfType Name/Title Above: Signature(s) of owner(s) of Parcel 1,2,3 Prini/Type Namerntle Above: Signature(s) of owner(s) of Parcel 1,2,3 ATTACH NOTARY CERTIFICATION FOR EACH OWNER'S SIGNATURE C11790 Date / 2/ /J G.P. Designation 41�' lZoning C— // CEQA Status RPa.n;M Comm.Dev. DI . Approved Denied City Engineer Approved I I Denied ATTEST: Virginia J Bloom, City Clerk T A426 LE WONG \OfceLLLA \LLA_ Plancheck_Appl-mv.xis ACKNOWLEDGMENT State of California 9W[14- County of ) on QInh+ before me, Salila Limolansuksakul, A10Truey P�Li, c� (insert name and title of the officer) personally appeared `deb rol R W OVl who proved to me on the basis of satisfactory evidence Yo be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature SnA 1 4n� SALILA LIMOLANSUKSAKUL COMM. #1930714 = Z Notary Public • California o Orange County My Comm. Expires Mar. 28, 2015' (Seal) CALIFORNIA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California n County of (4QLU On ( before me, A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. /J -i, 0.1�f'_LcsiVlt[�f J, ��YX�1F�fta f�It�lG.- name and title personally appearedG who proved to me on the basis of satisfactory evidence to be the person(hose name.Xis /a;@-•subscribed to the within instrument and acknowledged to me that he /shs/therexecuted the same in his / I #kern authorized capacity(ies),.and that by his /4er4t= signatureWon the instrument the persons , nor the entity upon behalf of Which the person. syacted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. KATHI WEATHERS m WITNESS my hand and 9,fficial sea l. COMM...1973970 p O NOTARY PUfiLIC•CALIFORNIA -{ ; _ ORANGE COUNTY W (Notary So 91) 'Nly Term Exp. April t, 2016 Signa re of Notary Public ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUWNT K)ofic e_6 �� tie �� % • ZD tY -2�`F (Titl or description of attach ocument) (Title or description of attached document continued) Number of Pages _q_ Document Date / LS (Additional information) CAPAC fY CLAIMED BY THE SIGNER Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact • Trustee(s) • Other 2008 Version CAPA vl2.10.07 800 - 873 -9865 www.NotaryClasses.com INSTRUCTIONS FOR COMPLETING THIS FORM Any acknnvledgment completed in California most contain verbiage exactly as appears above in the nanny section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a docmnent is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a nanny in California (i.e. certifying the authorized capacity of the signer). 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If seal impression smudges, re -seat if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title 0 e. CEO, CFO, Secretary). • Securely attach this document to the signed document CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 — - '-', ��. �: �',. �r� ,csvP,r�,r�.c�.e>crr1^�•s.�,o.� .. �.�,� -. -:o .= :� -o -o:. A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) Countyof t'dV(fC On (` �g S before me, DC}o V n 1 • I I f e \- NLo :h1r�� Date 1 L `Here Insert d Title of the O ficer personally appeared Wa I `� e� 1 1 ( I ( `JOIn Names) of SignerP4 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)- is /are subscribed to the within instrument and acknowledged to me that he /shc;fthey executed the same in his /he4their authorized capacity(ies); and that by his /herkheir signatures) on the instrument the persotft or the entity upon behalf of which the personWacted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. -•_ JCYCE M. TEYLER Commission # 1951699 Z Signature -_ Notary Publlc - California z Si ature of Notary Public Riverside County n My Comm. Expires Sap 10, 2015 Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Docu ent c�l } _ ,2743 _ Title or Type of Docurognt: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(las) Cla�� irrrr��ed by Signe sj Sig ner's Name: W O (-re-r I S �fl Signer's Name: ❑ Corporate Officer — Title(s): i ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited O General Lam- Individual ❑ Attorney in Fact ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Trustee ❑ Guardian or Conservator ❑ Other: ❑ Other: Si nerIs Representing: i -L r Signer Is Representing: o 02014 National Notary Association • www.NationalNotary.org - 1- 800 -US NOTARY (1- 800 - 876 -6827) Item (#5907 Exhibit "A p SHEET 1 OF 5 LOT LINE ADJUSTMENT No. 2014 -2743 LEGAL DESCRIPTIONS OWNERS ASSESSOR'S PARCELS No, PROPOSED REFERENCE PARCELS No. RKW & MLW ELSINORE SEE ATTACHED EXHIBIT "A" L12/31/2( RU Y E. N S 7394 FOR AND ON BEHALF OF RENCIVIL ENGINEERING OF Cpl \S JANUARY 12, 2015 EXHIBIT "A" PARCEL1: That portion of Lot 6 of Block A of "Subdivision in Elsinore ", in the City of Lake Elsinore, County of Riverside, State of California as shown by a map on file in Book 8 Page 377, of Maps, Records of San Diego County, also being a portion of Parcel 1 of the Record of Survey as recorded in Instrument Number 2004 - 1022883 records of Riverside County as shown by a map on file in Book 124 Page 60, of Records of Survey of Riverside County, more particularly described as follows: BEGINNING at the most northerly corner of said Lot 6; Thence S 43 °43'16 "W along the northwesterly line of said Lot 6 a distance of 40.13 feet to a point on the westerly terminus of the southerly corner cutoff of Riverside Drive and Collier Avenue, said point also being on the southeasterly right -of -way of Riverside Drive, 30.00 foot half- width, as shown on said Record of Survey to TRUE POINT OF BEGINNING; Thence continuing southwesterly along said right -of way S 43 °43'16 "W, a distance of 682.75 feet; Thence departing said southeasterly right -of -way line S 46 °16'58 "E, a distance of 357.75; Thence N 43 041'34 "E, a distance of 299.01 feet; Thence S 46 °14'57 "E, a distance of 262.56 feet; Thence N 43 044'27 "E, a distance of 423.67 feet to a point on the southwesterly right -of -way of Collier Street, 30.00 foot half- width; Thence northwesterly along said right -of -way N 46 °14'57 "W, a distance of 578.68 feet to the easterly terminus of the southerly corner cutback of Riverside Drive and Collier Avenue ; Thence along said southerly corner cutback S 89 °47'16 "W, a distance of 57.81 feet to the TRUE POINT OF BEGINNING; Containing 8.47 acres more or less. Page 2 of 5 EXHIBIT "A" (continued) PARCEL 2: That portion of Lot 6 of Block A of "Subdivision in Elsinore ", in the City of Lake Elsinore, County of Riverside, State of California as shown by a map on file in Book 8 Page 377, of Maps, Records of San Diego County, also being a portion of Parcel 1 and Parcel 2 as recorded in Instrument Number 2004 - 1022883 Records of Riverside County as shown by a map on file in Book 124 Page 60, of Records of Survey of Riverside County more particularly described as follows: BEGINNING at the most northerly corner of said Lot 6; Thence southeasterly along the southwesterly right -of -way of Collier Avenue, 30.00 foot half -width S.46 014'57 "E, a distance of 620.31 to a point on said southwesterly right -of -way to the TRUE POINT OF BEGINNING; Thence continuing southeasterly on said right -of -way S.46 014'57 "E a distance of 370.06 feet to the most easterly corner of said Parcel 2 also being the most easterly corner of the northwesterly rectangular half of the southeasterly rectangular half of said Lot 6, also being a point on the centerline of Industrial Center Way as shown by a map of Parcel Map number 19335, fled in Book 121 Page 33, of Parcel Maps, Records of Riverside County; Thence southwesterly along said centerline S.43 °44'27 "W a distance of 423.67 feet; Thence departing said centerline northwesterly N.46 014'57 "W a distance of 370.06 feet; Thence northeasterly N.43 °44'27 "E a distance of 423.67 feet to the TRUE POINT OF BEGINNING; Containing 3.60 acres more or less Page 3 of 5 EXHIBIT "A" (continued) PARCEL 3: That portion of Lot 6 and 7 of Block A of "Subdivision in Elsinore ", in the City of Lake Elsinore, County of Riverside, State of California as shown by a map on file in Book 8 Page 377, of Maps, Records of San Diego County, also being a portion of Parcel 1, 2 and 3 as recorded in Instrument Number 2004 - 1022883 Records of Riverside County as shown by a map on file in Book 124 Page 60, of Records of Survey of Riverside County more particularly described as follows: BEGINNING at the most northerly corner of said Lot 6; Thence southwesterly along the southeasterly right -of way of Riverside Drive, 30.00 foot half - width as shown on said Record of Survey S 43 °43'16 "W, a distance of 722.40.13 feet to the TRUE POINT OF BEGINNING; Thence continuing southwesterly on said right -of -way S 43 043'16 "W, a distance of 612.43 feet to the most northerly corner of Riverside County Flood Control and Water Conservation District Parcel Number 3040 -65A as shown by a map on file in Book 91 Page 33, of Records of Survey of Riverside County; Thence departing said right -of -way southwesterly along the southeasterly boundary of said Parcel 3040 -65A, S 01 °35'38" W, a distance of 133.14 feet; Thence southeasterly on said southeasterly boundary S 44 027'23" E, a distance 130.00 feet; Thence southeasterly on said southeasterly boundary S 42 °41'20" E, a distance 330.38 feet; Thence southwesterly on said southeasterly boundary S 43 °56'39" W, a distance 4.88 feet; Thence southeasterly on said southeasterly boundary S 44 °27'25" E, a distance 591.15 feet to the most westerly corner of Riverside County Flood Control and Water Conservation District Parcel Number 3040 -64A as shown by a map on file in Book 91 Page 33, of Records of Survey of Riverside County, also being a point on the southeasterly deed line as conveyed to the South Riverside Land and Water Company by deed from Emilie H. Hale, recorded May 22, 1894 in Book 10 Page 383 of Deeds, Records of Riverside County; Thence northeasterly on the northwesterly boundary of said parcel and deed line, N 43 045'35 "E, a distance 162.09 feet to the most southerly corner of Parcel 6 as shown by a map of Parcel Map number 19335, filed in Book 121 Page 33, of Parcel Maps, Records of Riverside County; Thence northwesterly along the southwesterly boundary of said Parcel 6, N 46 °14'37 "W, a distance of 150.00 feet to the most westerly corner of said Parcel 6; Thence northeasterly along the northwesterly boundary of said Parcel 6, N 43 °44'27 "E, a distance of 896.19 feet; Page 4 of 5 Thence N 46 °14'57 "W, a distance of 632.62 feet; Thence S 43 °41'34 "W, a distance of 299.01 feet, Thence N 46 °16'58 "W, a distance of 357.75 feet to the TRUE POINT OF BEGINNING; Containing 21.44 acres more or less. All as shown on Exhibit "B" attached hereto and by this reference made a part hereof. This Description was prepared by me Or under my direction: R dy E. Nune . E. P.L.S. PLS No. 7 Exp. 12/31/15, January 12, 2015 Page 5 of 5 Exhibit T" SHEET 1 OF 2 LOT LINE ADJUSTMENT No. 2014 -2743 PLAT OWNERS EXISTING PARCELS PROPOSED PARCELS ASSESSOR'S PARCEL No. REFERENCE No. RKW & MLW ELSINORE R/W DATA RIVERSIDE DRIVE —_ — BEARING LENGTH 722.88' RAW 01 °35'38" E N43 °43'16 "E 612.43' �� N43 °43'16 "E 682.75' 2 N TPOB PARCEL 3 TPOB PARCEL 1 1 PROPOSED 8 330.38' LOT LINE N 2 If_EX[STING LOT LINE 12 PARCEL 1 N 43°45'35" E TO BE ADJUSTED 8.47AC 6 N PROPOSED 150.00' LOT 6 LINE 46 °14'57" W 370.06' vo 8 0 89 °47'16" E PARCEL 3 11 9 ^ °'L,Lg$� PROPOSED 10 �1 N ~ LOT LINE 10 262.56' O 11 N 43 °41'34" E 299.01' aN16° PROPOSED N43 °44'27 "E N 4 LOT LINE 4. 23.67' 13 N — — — — — — — — — — — — — — — — — — PROPOSED d- No \ EXISTING LOT LINE g� TO BE ADJUSTED `� LOT LINE J \ °ti`�a TPOB PARCEL 2 o C N ePe oo" 1�° PARCEL 2 Q o N I PARCEL MAP 19335 4 °'< \ KL ' PROPOSED 3.60AC PM 121/33 `aZ �F,G R`` LOT LINE N in N43 °44'27 "E v ? N43 °44'27 "E 896,19' 423.67' 6 INDUSTRIAL CENTER WAY 5 PARCEL 3040 -64A RS 91/33 1 ;i SOUTHEASTERLY DEED LINE 10/383 PROPERTY LINE DATA BEARING LENGTH 1 N 01 °35'38" E 133.14' 2 N 44 °27'23" W 130.00' 3 N 42 °41'20" W 330.38' 4 N 43 °56'39" E 4.88' 5 N 43°45'35" E 162.09' 6 N 46 °14'37" W 150.00' 7 N 46 °14'57" W 370.06' 8 N 89 °47'16" E 57.81' 9 N 46 °14'57" W 370.06' 10 N 46 °14'57" W 262.56' 11 N 43 °41'34" E 299.01' 12 N 46 °16'58" W 357.75 13 N 8947-16"Ej 40.13 LEGEND: POD .... POINT OF BEGINNING TPOB ... TRUE POINT OF BEGINNING ;l// SCALE:1" =200' ' W (Q Z IW M k� o Ld N � I FHI J J � 0- U 60' � G NO. 7394 ). 12/31/2015 RUDY E. Z LS 7394 FOR AND iFN BEHALF OF RENCIVIL ENGINEERING JANUARY 12, 2015 Exhibit T p SHEET 2 OF 2 LOT LINE ADJUSTMENT No. 2014 -2743 SITE OWNERS EXISTING PARCELS PROPOSED PARCELS ASSESSOR'S PARCEL No. REFERENCE No. RKW & MLW ELSINORE - - - RIVERSIDE DRIVE I I PARCEL 3 21.44AC GP �P R7W___'Q_2_ A I- 4 W GPI PARCEL 1 W �P 8.47AC I Q —t— — I Lij J Al IJ Ci I F0_ v � _l\ ARCE � L 2 130 60' I P I) 3.60AC FF c� IN STRIALCENTER WAY L �1 AN EASEMENT FAVOR OF SOUTHERN CALIFORNIA EDISON COMPANY, RECORDED JULY 22, 1988 AS INSTRUMENT NO. 88- 204481 OF OFFICIAL �SY'V E. JU'pG RECORDS. F tJ r AN EASEMENT IN FAVOR OF ELSINORE VALLEY MUNICIPAL WATER N0. 7394 A\ DISTRICT, RECORDED JANUARY 11, 1991 AS INSTRUMENT NO. 91 -12532 Exp. 12/31/2015 OF OFFICIAL RECORDS. Sl9Tf A A2, RECORDEDEJANUARY 2002, AS INSTRUMENTS NOD 0201064 OFTOFFFICIAL OF CA\F��\C RECORDS. RIGHT OF WAY DEDICATION IN FAVOR OF THE CITY OF LAKE ELSINORE, �4 A MUNICIPAL CORPORATION RECORDED JULY 25, 2002 AS INSTRUMENT NO. 02- 407210 OF OFFICIAL RECORDS, RUDY E CZ LS 7394 FOR AND ON BEHALF OF AN EASEMENT IN FAVOR OF RIVERSIDE COUNTY FLOOD CONTROL AND RENCIVIL ENGINEERING �$ WATER CONSERVATION DISTRICT, RECORDED OCTOBER 17, 2012 AS INSTRUMENT NO. 12- 496596 OF OFFICIAL RECORDS. JANUARY 12, 2015 EXHIBIT 4 PROPOSED BOUNDARY MAP COMMUNITY FACILITIES DISTRICT NO. 2015 -2 (MAINTENANCE SERVICES) z § � lqa�41 § )Euj/ a 2 2o ; 3 §§ §2 k 3 ®LU < nuLU CO Q U)0. � ;J!/ Q izU. m § \ / °ul \ /k \/ �§ \ � � e ) 0 0 \ $(( § \( $) : ;7& / // �mn -0 \ Al /\ ILI \ / \\ } ! >r(( \[;§ E19 \> �( ®(( $ } \( > >Z\> � \ � \ °W( � \ ��[z! \ } \ $ \\ - ` :;>§\ to } \ Al /\ ILI \ / \\ } ! >r(( \[;§ E19 \> �( ®(( $ } \( > >Z\> � \ � \ °W( � \ EXHIBIT 5 BOUNDARIES - POTENTIAL ANNEXATION AREA COMMUNITY FACILITIES DISTRICT NO. 2015 -2 (MAINTENANCE SERVICES) k rt ¢ k 0 � 7 $ 2 � k � 2 w 0 Q. § � A \ 0 q ,0 y :r \> \Z ff o §§\\ \ \' � /\o 5V)/ uj Lu \§! ��b / \_0 d 0 0 era to 0. >( \/ d: d c:b \ (} t§ \, $ � \\ �A§ � \ � \ EXHIBIT 6 PETITION AND CONSENT FORM TO CREATE COMMUNITY FACILITIES DISTRICT COMMUNITY FACILITIES DISTRICT NO. 2015 -2 (MAINTENANCE SERVICES) 2. The undersigned requests that the City Council of the City of Lake Elsinore, initiate and conduct proceedings pursuant to the Mello -Roos Community Facilities Act of 1982 (the "Act ") (Government Code Section 53321 et seq.), for the creation of a community facilities district of the property described below and consents to the annual levy of special taxes on such property to pay the costs of services to be provided by the community facilities district. 2. The undersigned requests that the community facilities district provide any services that are permitted under the Act including, but not limited to, all necessary service, operations, administration and maintenance required to keep the landscape lighting„ street lighting, flood control facilities, ground cover, shrubs, plants and trees, irrigation systems, graffiti removal, sidewalks and masonry walls, fencing entry monuments, tot lot equipment and associated appurtenant facilities within the district in a healthy, vigorous and satisfactory working condition. 3. The undersigned hereby certifies that as of the date indicated opposite its signature, it is the owner of all the property within the proposed boundaries of the community facilities district described in Exhibit A hereto and as shown on the map Exhibit B hereto. 4. The undersigned requests that a special election be held under the Act to authorize the special taxes for the proposed community facilities district. The undersigned waives any requirement for the mailing of the ballot for the special election and expressly agrees that said election may be conducted by mailed or hand - delivered ballot to be returned as quickly as possible to the designated election official, being the office of the City Clerk and the undersigned request that the results of said election be canvassed and reported to the City Council at the same meeting of the City Council as the public hearing on the creation of the community facilities district or at the next available meeting. S. Pursuant to Sections 5332 6(a) and 53327(b) of the Act, the undersigned expressly waives all applicable waiting periods for the election and waives the requirement for analysis and arguments relating to the special election, and consents to not having such materials provided to the landowner in the ballot packet, and expressly waives any requirements as to the form of the ballot. The undersigned expressly waives all notice requirements relating to hearing's and special elections (except for published notices required by the Act), and whether such requirements are found in the California Elections Code, the Petition Form California Government Code urother laws or procedures, i*Ciod|n0 but not limited ieany notice provided for by compliance with the provisions of Section 4101 of the California Elections Code. 6, The undersigned hereby consents to and expressly waives any and all claims based on any irregularity, error, mistake or departure from the provisions 0f the Act 8r other laws uf the State and any and all laws and requirements incorporated therein, and no step or action in any proceeding relative to the creation of the community facilities district of the portion of the incorporated area of the City $fLake Elsinore Or the special election therein shall 6c invalidated n[affected by any such irregularity, error mistake or departure, IN WITNESS WHEREOF, > hereunto set my hand this K0 day of [NAME OFLANDOWNER) Title; OWNER'S PROPERTY: TRACT MAP DR PARCEL MAP NO. or PROJECT NO. OWNER'S MAILING ADDRESS: FILED IN THE OFFICE OF THE CITY CLERK {)FTHE CITY COUNCIL OFTHE [O`Y OF LAKE EiJiNORE THIS ___ DAY [}F2U—. City Clerk of the City Council uf"he City vf Lake Elsinore ��ion Fm fn 161