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HomeMy WebLinkAbout0014_4_Petition_for_City_of_Lake_Elsinore_CFD_2015-4 REVISED 1 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. 2015-4 OF THE CITY OF LAKE ELSINORE (TERRACINA)) 1. The undersigned (the “Owner”) is the owner of more than 10% 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 a community facilities district hereby proposed to be established. The Property is located within the City of Lake Elsinore (the “City”) in the County of Riverside. 2. The Owner requests that the City Council of the City (the “City Council”) institute proceedings to establish a community facilities district to be known as “Community Facilities District No. 2015-4 of the City of Lake Elsinore (Terracina)” (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. 3. The boundaries of the territory which is proposed for inclusion in the District are those depicted in Exhibit A hereto and described in Exhibit B hereto. 4. The Owner requests that the proposed District 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 Mello-Roos Community Facilities Act of 1982, as amended (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 the District, associated with the creation of the District, 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. 5. The Owner requests that the proposed District be used to finance the maintaining, servicing, cleaning, repairing and/or replacing landscaped areas in public street right-of-ways, public landscaping, public open spaces and other similar landscaped areas officially dedicated for public use 2 and water quality improvements (the “Services”), and (4) the incidental expenses to be incurred in connection with forming and administering the District and financing the Services. 6. The Owner further requests that the City Council authorize the levy of special taxes in the District to pay the costs of the Facilities and the Services and the incidental costs described in paragraph 4 and 5 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 4 above. 7. The Owner further requests that, upon the sale of bonds, the City Council, as legislative body of the District, annually levy special taxes for the Facilities on the property within the District for the 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 the District. 8. The Owner has advanced to the City the amounts necessary to pay for the costs related to the formation of the District, 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 the District. 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 TERRACINA INVESTORS, LLC, a California limited liability company By: Name: Title: A-1 EXHIBIT A BOUNDARY MAP B-1 EXHIBIT B LEGAL DESCRIPTION Real property in the City of Lake Elsinore, County of Riverside, State of California, described as follows: PARCEL 1: (APN 378-040-004) THE SOUTHWESTERLY 768.00 FEET OF THE NORTHWESTERLY 1536.00 FEET OF THAT PORTION OF LOW ROLLING HILLS, RANCHO LAGUNA, AS SHOWN BY MAP ON FILE IN BOOK 8, PAGE 377, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF INTERSECTION OF THE SOUTHERLY LINE OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 5 WEST, SAN BERNARDINO BASE AND MERIDIAN AND THE NORTH WESTERLY BOUNDARY OF SAID RANCHO LAGUNA: THENCE NORTH 43 DEGREES 24’ EAST, 1544.94 FEET; THENCE SOUTH 46 DEGREES 36’ EAST 961.27; THENCE SOUTH 43 DEGREES 24’ WEST, 1666.56 FEET; THENCE NORTH 46 DEGREES 24’ WEST, 400 FEET; THENCE SOUTH 43 DEGREES 24’ WEST, 1089.00 FEET; THENCE NORTH 46 DEGREES 36’ WEST, 561.27 FEET; THENCE NORTH 43 DEGREES 24’ EAST, 1210.62 FEET TO THE POINT OF BEGINNING. PARCEL 2: (APN 378-040-012) PARCEL B AS SHOWN ON LOT LINE ADJUSTMENT NO. 2007-02, AS EVIDENCED BY DOCUMENT RECORDED FEBRUARY 1, 2008 AS INSTRUMENT NO. 2008-0051697 OF OFFICIAL RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THAT PORTION OF "LOW ROLLING HILLS" IN RANCHO LA LAGUNA, IN THE CITY OF LAKE ELSINORE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 8 PAGE 377 OF MAPS, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF INTERSECTION OF THE SOUTH LINE OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 5 WEST, SAN BERNARDINO BASE AND MERIDIAN, WITH THE NORTH WESTERLY LINE OF THE SAID RANCHO LA LAGUNA; THENCE NORTH 43°24’00" EAST, 1,544.94 FEET ON SAID NORTHWESTERLY LINE; THENCE SOUTH 46°36’00" EAST 961.27 FEET; THENCE SOUTH 43°24’00" WEST 1,666.56 FEET TO THE TRUE POINT BEGINNING; THENCE NORTH 46°36’00" WEST, 400.00 FEET; THENCE SOUTH 43°24’00" WEST, 1,089.00 FEET TO THE NORTHEAST LINE OF COUNTRY CLUB HEIGHTS UNIT "G" AS SHOWN BY MAP ON FILE IN BOOK 18 PAGE(S) 15 OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; THENCE SOUTH 46°36’00" EAST 400.00 FEET ON SAID NORTHEAST LINE TO THE MOST EASTERLY CORNER OF SAID UNIT "G"; THENCE NORTH 43°24’00" EAST, 1,089.00 FEET TO THE TRUE POINT BEGINNING. EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF INTERSECTION OF THE SOUTH LINE OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 5 WEST, SAN BERNARDINO BASE AND MERIDIAN, WITH THE NORTHWESTERLY LINE OF THE SAID RANCHO LA LAGUNA; THENCE NORTH 43°24’00" EAST, 1,544.94 FEET ON SAID NORTHWESTERLY LINE; THENCE SOUTH 46°36’00" EAST 961.27 FEET; THENCE SOUTH 43°24’00" WEST ALONG THE NORTHEASTERLY PROLONGATION OF THE NORTHWESTERLY LINE OF LOT 50 OF COUNTRY CLUB HEIGHTS UNIT "B" AS SHOWN BY MAP FILED IN BOOK 17, PAGES 25 AND 26 OF MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID RIVERSIDE COUNTY, 1,862.53 FEET TO THE TRUE POINT BEGINNING; THENCE CONTINUING SOUTH B-2 43°24’00" WEST ALONG SAID NORTHWEST LINE OF LOT 50, 180.07 FEET, THENCE NORTH 46°36’00" WEST 22.00 FEET TO A LINE THAT IS 22.00 FEET NORTHWESTERLY OF AND PARALLEL TO SAID NORTHWESTERLY LINE OF LOT 50; THENCE NORTH 43°24’00" EAST ALONG SAID PARALLEL LINE 178.72 FEET; THENCE SOUTH 50°05’52" EAST 22.04 FEET TO THE TRUE POINT BEGINNING. PARCEL 3: (APN 389-180-002) ALL OF BLOCK 14 OF HOFF’S ADDITION TO TERRA COTTA CITY, AS SHOWN BY MAP ON FILE IN BOOK 12, PAGE 568, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA. PARCEL 4: (APN 389-180-001) ALL OF BLOCK 13 OF HOFF’S ADDITION TO TERRA COTTA CITY, AS SHOWN BY MAP ON FILE IN BOOK 12, PAGE 568, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA. PARCEL 5: (APN 378-040-006) THAT PORTION OF LOW ROLLING HILLS IN RANCHO LAGUNA, AS SHOWN BY MAP ON FILE IN BOOK 8, PAGE 377, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA DESCRIBED AS FOLLOWS: BEGINNING AT A POINT OF INTERSECTION OF THE SOUTHERLY LINE OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 5 WEST, SAN BERNARDINO BASE AND MERIDIAN AND THE NORTHWESTERLY BOUNDARY OF RANCHO LAGUNA; THENCE NORTH 43 DEGREES 24’ EAST, 1544.94 FEET; THENCE SOUTH 46 DEGREES 36’ EAST 961.27; THENCE SOUTH 43 DEGREES 24’ WEST, 1666.56 FEET; THENCE NORTH 46 DEGREES 24’ WEST, 400 FEET; THENCE SOUTH 43 DEGREES 24’ WEST, 1089.00 FEET; THENCE NORTH 46 DEGREES 36’ WEST, 561.27 FEET; THENCE NORTH 43 DEGREES 24’ EAST, 1210.62 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THE NORTHEASTERLY 1536.00 FEET. ALSO EXCEPTING THEREFROM THE MOST SOUTHERLY 500 FEET. PARCEL 6: (APN 378-040-007) THE MOST SOUTHWESTERLY 500 FEET OF THAT PORTION OF LOW ROLLING HILLS IN RANCHO LAGUNA, AS SHOWN BY MAP ON FILE IN BOOK 8, PAGE 377, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA DESCRIBED AS FOLLOWS: BEGINNING AT A POINT OF INTERSECTION OF THE SOUTHERLY LINE OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 5 WEST, SAN BERNARDINO BASE AND MERIDIAN AND THE NORTHWESTERLY BOUNDARY OF RANCHO LAGUNA; THENCE NORTH 43 DEGREES 24’ EAST, 1544.94 FEET; THENCE SOUTH 46 DEGREES 36’ EAST 961.27; THENCE SOUTH 43 DEGREES 24’ WEST, 1666.56 FEET; THENCE NORTH 46 DEGREES 24’ WEST, 400 FEET; THENCE SOUTH 43 DEGREES 24’ WEST, 1089.00 FEET; THENCE NORTH 46 DEGREES 36’ WEST, 561.27 FEET; THENCE NORTH 43 DEGREES 24’ EAST, 1210.62 FEET TO THE POINT OF BEGINNING. PARCEL 7: (APN 378-040-005) THE NORTHEASTERLY 768 FEET OF THAT PORTION OF LOW ROLLING HILLS IN RANCHO LAGUNA, AS SHOWN BY MAP ON FILE IN BOOK 8, PAGE 377, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF INTERSECTION OF THE SOUTHERLY LINE OF SECTION 26, TOWNSHIP 5 SOUTH, RANGE 5 WEST, SAN BERNARDINO BASE AND MERIDIAN AND THE NORTHWESTERLY BOUNDARY OF RANCHO LAGUNA; THENCE NORTH 43 DEGREES 24’ EAST, 1544.94 FEET; THENCE SOUTH 46 DEGREES 36’ EAST 961.27; THENCE SOUTH 43 DEGREES 24’ WEST, 1666.56 FEET; THENCE NORTH 46 DEGREES 24’ WEST, 400 FEET; THENCE SOUTH 43 DEGREES 24’ WEST, 1089.00 FEET; THENCE NORTH 46 DEGREES 36’ WEST, 561.27 FEET; THENCE NORTH 43 DEGREES 24’ EAST, 1210.62 FEET TO THE POINT OF BEGINNING. B-3 PARCEL 8: (APN 389-190-002) GOVERNMENT LOT 1 AND ALL OF THOSE PORTIONS OF GOVERNMENT LOT 2, AND THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 35, AND THAT PORTION OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 34, BOTH IN TOWNSHIP 5 SOUTH, RANGE 5 WEST, SAN BERNARDINO BASE AND MERIDIAN MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 35; THENCE SOUTH 89 DEGREES 23’ EAST, ALONG THE NORTH LINE OF SAID SECTION 35, A DISTANCE OF 172.06 FEET TO A POINT THEREON FOR THE TRUE POINT OF BEGINNING, SAID POINT BEING THE NORTHEAST CORNER OF THAT CERTAIN PARCEL OF LAND CONVEYED TO HAROLD LEADER, AS PARCEL 1 BY DEED RECORDED FEBRUARY 7, 1964 AS INSTRUMENT NO. 16051; THENCE SOUTH 00 DEGREES 15’ WEST, A DISTANCE OF 878.23 FEET; THENCE SOUTH 39 DEGREES 59’ WEST, A DISTANCE OF 65.63 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE SOUTHEAST HAVING A RADIUS OF 1,020.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE, TO THE LEFT, THROUGH A CENTRAL ANGLE OF 09 DEGREES 45’ AN ARC DISTANCE OF 173.57 FEET TO THE END THEREOF; THENCE SOUTH 30 DEGREES 14’ WEST, A DISTANCE OF 194.55 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 450.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE, TO THE LEFT, THROUGH A CENTRAL ANGLE OF 13 DEGREES 37’ AN ARC DISTANCE OF 106.95 FEET TO THE SOUTHEAST CORNER OF THE PARCEL CONVEYED TO LEADER, AS AFORESAID, FROM WHICH POINT THE CENTER OF SAID CURVE BEARS SOUTH 73 DEGREES 23’ EAST. THE LAST FIVE COURSES AND DISTANCES FOLLOW ALONG THE EASTERLY BOUNDARY LINE OF SAID PARCEL CONVEYED TO LEADER AS AFORESAID; THENCE NORTH 88 DEGREES 42’ 04" EAST, ALONG THE EASTERLY PROLONGATION OF THE SOUTHERLY LINE OF THE PARCEL CONVEYED TO LEADER AS AFORESAID, A DISTANCE OF 108.50 FEET TO A POINT IN THE EAST LINE OF ILLINOIS STREET TO THE TOWN OF LUCERNE, AS SHOWN BY MAP ON FILE IN BOOK 11 PAGE 499 OF MAPS, SAN DIEGO COUNTY RECORDS; THENCE SOUTH 01 DEGREES 02’ 34" EAST, ALONG SAID EAST LINE A DISTANCE OF 655.02 FEET TO A POINT ON THE NORTH LINE OF ROBB ROAD (50.00 FEET WIDE), DECLARED A PUBLIC ROAD BY ORDER OF THE RIVERSIDE COUNTY BOARD OF SUPERVISORS, A COPY OF WHICH IS IN MINUTE BOOK 26 PAGE 5 OF SAID BOARD OF SUPERVISORS, AND AS SHOWN BY MAP 9-P, ON FILE IN THE RIVERSIDE COUNTY ROAD DEPARTMENT, SAID POINT BEING ON A CURVE, CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 590.00 FEET, FROM WHICH THE CENTER LINE OF SAID CURVE BEARS SOUTH 16 DEGREES 31’ 31" WEST; THENCE SOUTHEASTERLY ALONG SAID NORTH LINE AND ALONG SAID CURVE, TO THE RIGHT, THROUGH A CENTRAL ANGLE OF 05 DEGREES 47’ 59" AN ARC DISTANCE OF 60.53 FEET TO THE END THEREOF; THENCE SOUTH 67 DEGREES 40’ 30" EAST, ALONG SAID NORTH LINE OF ROBB ROAD, A DISTANCE OF 787.85 FEET TO A POINT ON THE SOUTHEASTERLY LINE OF GOVERNMENT LOT 2; THENCE NORTH 28 DEGREES 28’ EAST, ALONG SAID SOUTHEASTERLY LINE, A DISTANCE OF 690.43 FEET TO AN ANGLE POINT IN SAID SOUTHEASTERLY LINE; THENCE NORTH 43 DEGREES 20’ EAST, ALONG SAID SOUTHEASTERLY LINE AND ALONG THE SOUTHEASTERLY LINE OF SAID GOVERNMENT LOT 1 A DISTANCE OF 2,289.60 FEET TO THE MOST EASTERLY CORNER OF SAID GOVERNMENT LOT 1. THENCE NORTH 89 DEGREES 23’ WEST, ALONG THE NORTH LINE OF SAID GOVERNMENT LOT 1 AND ALONG THE NORTH LINE OF SAID SECTION 35, A DISTANCE OF 2,525 FEET TO THE TRUE POINT OF BEGINNING.