HomeMy WebLinkAbout0013_4_Petition_for_City_of_Lake_Elsinore_CFD_2015-1_(PARDEE)
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PETITION TO THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE REQUESTING INSTITUTION OF PROCEEDINGS
FOR ESTABLISHMENT OF A COMMUNITY FACILITIES
DISTRICT (COMMUNITY FACILITIES DISTRICT NO. 2015-1
OF THE CITY OF LAKE ELSINORE) (SAFETY SERVICES)
1. The undersigned (the “Owner”) is the owner of the land described in Exhibit B hereto
(the “Property”), which land is expected to included within the boundaries of a community facilities
district hereby proposed to be established. The Property is located within the boundaries of the City
of Lake Elsinore (the “City”), County of Riverside.
2. The Owner requests that the City Council of the City of Lake Elsinore (the “City
Council”) institute proceedings to establish a community facilities district to be known as
“Community Facilities District No. 2015-1 of the City of Lake Elsinore (Safety Services)” (referred
to herein as the “District”) 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”), to include all of the Property. The
proposed rate and method of apportionment for the District is set forth in Exhibit D hereto.
3. The boundaries of the territory which is proposed for inclusion in the District are
those depicted in Exhibit A hereto. The Owner acknowledges that the City proposes to designate the
territory depicted in Exhibit C hereto as property that may be annexed to the District in the future in
accordance with the Act.
4. The Owner requests that the proposed District fund police protection services
(including but not limited to criminal justice services), fire protection and suppression services, and
paramedic services (collectively, the “Services”). In addition, the District may fund actual or
reasonably estimated costs directly related to the formation, annexation, and administration of the
District 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, the District, or any designee thereof associated with fulfilling the District reporting
requirements; the costs associated with responding to public inquiries regarding the Special Taxes;
the costs of the City, the District or any designee thereof related to an appeal of the Special Tax; and
the City's annual administration fees and third party expenses. Administrative Expenses shall also
include amounts estimated or advanced by the City or the District for any other administrative
purposes of the District, including attorney's fees and other costs related to commencing and
pursuing to completion any foreclosure of delinquent Special Taxes.
5. The property depicted on Exhibit E hereto (the “HOA Lot”) is within the boundaries
of City of Lake Elsinore Community Facilities District No. 2003-1 (Law Enforcement, Fire and
Paramedic Services) (“CFD No. 2003-1”).
6. The HOA Lot is a slope area and due to the grading of the HOA Lot, the HOA Lot
now falls within the proposed boundaries of the District. 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 CFD No. 2003-1 from the HOA Lot.
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7. In addition, the Owner’s request for the establishment of the District is conditioned
upon the City’s acknowledgement in the Resolution of Formation of the District that certain
District’s revenues constitutes “Public Safety Special Taxes” for the purposes of, and as defined in
that certain Public Facilities and Services Financing Agreement between the City and Owner dated
June 24, 2003, and for the purposes of, and as defined in the City of Lake Elsinore Community
Facilities District No. 2003-2 Rate and Method of Apportionment. Owner and City will reasonably
cooperate in determining the allocation of the District’s special tax revenues to the “Public Safety
CFD Share” as defined in the above-referenced documents.
8. The Owners further request that, the City Council, as legislative body of the District,
annually levy special taxes on the property within the District to provide for the Services, and for the
payment of administrative expenses of the District and for such services as the City Council deems
appropriate.
Dated: March __, 2016 PARDEE HOMES
By:
Name:
Title:
A-1
EXHIBIT A
BOUNDARY MAP
A-2
B-1
EXHIBIT B
LEGAL DESCRIPTION
Assessor Parcel Nos.
358-130-020
358-600-038
358-591-010
C-1
EXHIBIT C
ANNEXATION TERRITORY BOUNDARY MAP
B-2
D-1
EXHIBIT D
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR
COMMUNITY FACILITIES DISTRICT NO. 2015-1 (SAFETY SERVICES)
OF THE CITY OF LAKE ELSINORE
E-1
EXHIBIT E
DESCRIPTION OF HOA LOT
Assessor Parcel Nos.
358-591-008
358-600-034