HomeMy WebLinkAbout0012_3_CFD 2003-2 - Landowner Petition
PETITION TO THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE
REQUESTING INSTITUTION OF PROCEEDINGS TO ESTABLISH
IMPROVEMENT AREA E WITHIN CITY OF LAKE ELSINORE
COMMUNITY FACILITIES DISTRICT NO. 2003-2 (CANYON HILLS)
1. The undersigned (the “Owner”) is the owner of the land depicted in Exhibit A hereto
and described in Exhibit B hereto (the “Property”), which land is expected to be all of the land included
within the boundaries of proposed Improvement Area E of City of Lake Elsinore Community Facilities
District No. 2003-2 (Canyon Hills) (the “District”). The Property is located within the City of Lake Elsinore
(the “City”) in the County of Riverside.
2. The Owner requests that, pursuant to Chapter 2.5 (commencing with Section 53311), Part
1, Division 2, Title 5, of the Government Code of the State of California, commonly known as the “Mello-
Roos Community Facilities Act of 1982” (the “Act”), the City Council of the City institute proceedings to
(i) establish Improvement Area E of Community Facilities District No. 2003-2 (“Improvement Area E”)
and annex Improvement Area E to the District. The proposed rate and method of apportionment for
Improvement Area E is attached hereto as Exhibit D.
The boundaries of the territory which is proposed for inclusion as Improvement Area E of the
District are those depicted in Exhibit A hereto and described in Exhibit B hereto.
3. The Owner requests that proposed Improvement Area E be used to finance the
construction, purchase, modification, expansion and/or improvement of (i) drainage, library, park, roadway
and other public facilities of the City, including the foregoing public facilities which are included in the
City’s fee programs with respect to such facilities and authorized to be financed under the Act (the “City
Facilities”) and (ii) water and sewer facilities including the acquisition of capacity in the sewer system
and/or water system of the Elsinore Valley Municipal Water District which are included in Elsinore Valley
Municipal Water District’s water and sewer capacity and connection fee programs (the “Water District
Facilities” and together, with the City Facilities, the “Facilities”), and all appurtenances and appurtenant
work in connection with the foregoing Facilities, including the cost of engineering, planning, designing,
materials testing, coordination, construction staking, construction management and supervision for such
Facilities, and to finance the incidental expenses to be incurred, including:
a. The cost of engineering, planning and designing the Facilities;
b. All costs, including costs of the property owner petitioning to form Improvement Area E,
associated with the creation of Improvement Area E, the issuance of the bonds, the determination of the
amount of special taxes to be levied and costs otherwise incurred in order to carry out the authorized
purposes of the District; and
c. Any other expenses incidental to the construction, acquisition, modification, rehabilitation,
completion and inspection of the Facilities.
4. The Owner further requests that the City Council authorize the levy of special taxes in
Improvement Area E to pay the costs of the Facilities and the incidental costs described in paragraph 3
above and to pay principal of, interest and premium, if any, on the bonds in order to contribute to the
financing of the Facilities and costs described in paragraph 3 above.
5. The Owner further requests that, upon the sale of bonds, the City Council, as legislative
body of the District, annually levy special taxes on the property within Improvement Area E for the
2
construction, acquisition and rehabilitation of the Facilities, for the payment of the aggregate amount of
principal of and interest owing on the bonds in each fiscal year, including the maintenance of reserves
therefor, and for the payment of administrative expenses of Improvement Area E and for such services as
the City Council deems appropriate.
6. The property depicted on Exhibit D hereto (the “HOA Lot”) is within the boundaries of the
proposed Improvement Area E and also within the boundaries of Improvement Area D of the District.
7. The HOA Lot is a slope area and was intended to be owned by the homeowner’s association
and exempt from the levy of the special tax of Improvement Area D.
8. Due to the grading of Improvement Area E, the HOA Lot now falls within the boundaries
of Improvement Area D. No structures are anticipated to be constructed on the HOA Lot and the Owner
hereby petitions and requests the City to remove the special tax lien of Improvement Area D on such
property.
9. The Owner has advanced to the City the amounts necessary to pay for the costs related to
the formation and annexation of Improvement Area E, which amounts will be reimbursed, without interest,
from the proceeds of the first sale of the bonds, if any. The reimbursement of such amounts is expected to
be governed by the terms of that certain Reimbursement Agreement to be entered into by and between the
City and the Owner relating to Improvement Area E. If bonds are not sold, the City will have no obligation
to reimburse amounts expended for costs incurred, but will reimburse any unexpended amounts advanced
by the Owner as set forth in the Reimbursement Agreement.
Dated: March __, 2016
PARDEE HOMES
By:
Name:
Title:
A-1
EXHIBIT A
BOUNDARY MAP OF
CITY OF LAKE ELSINORE
COMMUNITY FACILITIES DISTRICT NO. 2003-2(CANYON HILLS)
(IMPROVEMENT AREA E)
A-2
B-1
EXHIBIT B
CITY OF LAKE ELSINORE
COMMUNITY FACILITIES DISTRICT NO. 2003-2 (CANYON HILLS)
(IMPROVEMENT AREA E)
LEGAL DESCRIPTION
Real property in the City of Lake Elsinore, County of Riverside, State of California, described as
follows:
THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 8, TOWNSHIP 6
SOUTH, RANGE 3 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF
RIVERSIDE, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT OF SAID LAND
ON FILE IN THE DISTRICT LAND OFFICE. EXCEPTING THEREFROM THE LAND DESCRIBED
IN DEED TO HAROLD D. FOISTER, RECORDED JANUARY 25, 1957 IN BOOK 2030 PAGE 306,
OF OFFICIAL RECORDS. ALSO EXCEPTING THEREFROM THE LAND DESCRIBED IN DEED
TO PETER F. TERHEIMER AND ANNA TERHEIMER, RECORDED APRIL 22, 1958, BOOK 2258
PAGE 368 OF OFFICIAL RECORDS. ALSO EXCEPTING THEREFROM THE LAND DESCRIBED
IN DEED TO ELIZABETH ROSENZWEIG, RECORDED JANUARY 7, 1959, INSTRUMENT NO. 997
OF OFFICIAL RECORDS. ALSO EXCEPTING THEREFROM THE LAND DESCRIBED IN DEED
TO VIRGIL H. YOUNG AND ANNABELL YOUNG, RECORDED MAY 28, 1962, INSTRUMENT NO.
49420 OF OFFICIAL RECORDS. ALSO EXCEPTING THEREFROM THE LAND DESCRIBED IN
DEED TO ROGER P. AND MARJORIE E. EVANS, RECORDED FEBRUARY 16, 1959 INSTRUMENT
NO. 12814 OF OFFICIAL RECORDS. ALSO EXCEPTING THEREFROM THE LAND DESCRIBED
IN DEED TO GEORGE A. JOHNSTON AND INA JOHNSTON, RECORDED JUNE 2, 1960,
INSTRUMENT NO. 49210 OF OFFICIAL RECORDS. ALSO EXCEPTING THEREFROM THE LAND
DESCRIBED IN DEED TO ROGER P. EVANS AND MARJORIE EVANS, AS TO PARCEL 1 AND
WILFRED E. EVANS AND PEARL J. EVANS, AS TO
PARCEL 2, RECORDED MAY 23, 1962, INSTRUMENT NO. 47912 OF OFFICIAL RECORDS. ALSO
EXCEPTING THEREFROM THE LAND DESCRIBED IN DEED TO EUGENE L. GRIFFITH AND
LUCILE I. GRIFFITH, RECORDED JUNE 12, 1961, INSTRUMENT NO. 49736 OF OFFICIAL
RECORDS. ALSO EXCEPTING THEREFROM THE LAND DESCRIBED IN DEED TO FRANK
BURLINGHAM AND IONE BURLINGHAM, RECORDED AUGUST 9, 1965, INSTRUMENT NO.
91756 OF OFFICIAL RECORDS.
APN: 358-130-020-4
C-1
EXHIBIT C
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR
CITY OF LAKE ELSINORE
COMMUNITY FACILITIES DISTRICT NO. 2003-2 (CANYON HILLS)
(IMPROVEMENT AREA E)
D-1
EXHIBIT D
DESCRIPTION OF HOA LOT
Assessor Parcel Nos.
358-591-008
358-600-034