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Home My WebLink AboutMINUTES - 08082006 - SD5 (2) Quint&Thinning LLP IIII III III i III II III III i III III III III IIII I II IIII II t CONTRA COSTA Co Recorder Office ��f� STEPHEN L, WEIR, Clerk-Recorder RECORDING REQUESTED BY AND DOC. 2006-0268129-00 AFTER RECORDATION RETURN TO: Wednesday, AUG 23, 2006 15:35:57 Clerk of the Board FRE $0.00 County of Contra Costa Ttl Pd $@.@@ Nb i @@@3R957i1_11 651 Pine Street Martinez,CA 94553 NOTICE OF SPECIAL TAX LIEN ' County of Contra Costa Community Facilities District No. 2006-1 (North Richmond Area Maintenance Services) Pursuant to the requirements of Section 3114.5 of the California Streets and Highways Code and Section 53311 et seq. of the California Government Code, the undersigned Clerk of the Board of Supervisors of the County of Contra Costa (the "County"), County of Contra Costa, State of California, hereby gives notice that a lien to secure payment of a special tax which the Board of Supervisors of+ the County is authorized to levy, is hereby imposed. The special tax secured by this lien is authorized to be levied for the purpose of paying the costs of certain services, as described in Exhibit A attached hereto and by this reference made a part hereof. The special tax is authorized to be levied within the County of Contra Costa Community Facilities District No. 2006-1 (North Richmond Area Maintenance Services)which has now been officially formed and the lien of the special tax is a .continuing lien which shall secure each annual levy of the special tax andl which shall continue in force and effect until the special tax obligation is permanently satisfied and cancelled in accordance with law or until the special tax ceases to be levied and a notice of cessation of special tax is recorded in accordance with Section 53330.5 of the Government Code. The rate, method of apportionment, and manner of collection of the authorized special tax is as set forth in Exhibit B attached hereto and.by this reference made a part hereof. Conditions under which the obligation to pay the special tax may be prepaid and permanently satisfied areas follows: none. Notice is further given that upon the recording of this notice in the office of the County Recorder, the obligation to pay the special tax levy shall become a lien upon all nonexempt real property within the County of Contra Costa Community Facilities District No. 2006-1 (North Richmond Area Maintenance Services) in accordance with Section 3115.5 of the California Streets and Highways Code. The name(s) of the owner(s) of the real property included within the area of this community facilities district and the assessor's tax parcel(s) numbers of all parcels or any portion thereof which are included within the area of this community facilities district, in each case which are not exempt from the special tax and as they appear on the latest secured assessment roll as of the date ofrecording of this Notice or as otherwise known to the County, are as set forth.in Exhibit C attached hereto and hereby made a part hereof. 03007.16:18921 I '268129 Reference is made to the boundary map of the community facilities district recorded at 11:13 a.m. on June 15, 2006, at Book 80 of Maps of Assessment and Community Facilities Districts at Page 11 (Document No. 06-0189999-00), in the office of the County Recorder for the County of Contra Costa, State of California, which map is now the final boundary map of the community facilities district. For further information concerning past special tax levies in this community facilities district or the current special taxes due on any parcel in the community facilities district, interested persons should contact the Treasurer—Tax Collector of the County of Contra Costa, 625 Court Street, Room 100, Martinez, California 94553, telephone number (925) 646-4122. For further information concerning the method of calculation of special tax levies for this community_facilities district and any estimated future tax liability of owners or purchasers of real property subject to this special tax lien, interested persons should contact the Auditor- Controller of the County of Contra Costa, 625 Court Street, Room 103, Martinez, California 94553, telephone number(925)646-2181. Dated: a-.3 2006 County Administrator and Clerk of the Board of Supervisors By: f Deputy Clerk -2- I 2GS:.29 GALSFORNIA ALL-PURPOSE AC KNOWLEDGAkIENT State of California County of n /1 ss. �(� C ,ry) � �)� On a before me, ALi6iA _5Ad, Date /�� Name and Tule of Officer(e.g.,"Ane Doe,Notary Public") personally appeared 3-V�I° ACR(�e� Name(s)of Signer(s) ersonally known to me ❑ proved to me on the basis of satisfactory evidence to be the persolK whose nameK is/ara- a X019 subscribed to the within instrument and y- acknowledged to me that he/she/giey-executed the same in #s/her/tboir- authorized capacity4o&)- and that by 4+is/her/tge4f- signatur`�Kon the instrument the personA, or the entity upon behalf of which the perso%"er acted, executed the instrument. WITNE my hand and offic{al seal. Signatu of Notary Public OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(ies) Claimed byl Signer Signer's Name: I ❑ Individual Top of thumb here ❑ Corporate Officer—Title(s):I ❑ Partner—❑ Limited ❑General ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ®1999 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•w yrrationalnotafyorg Prod.No.5907 Reorder.Call Toll-Free 1-800-876-6827 I 268129 29 EXHIBIT A COUNTY OF CONTRA COSTA COMMUNITYFACILITIES DISTRICT NO.2006-1 (NORTH RICHMOND AREA MAINTENANCE SERVICES) DESCRIPTION OF SERVICES ELIGIBLE TO BE FUNDED BY THE CFD Services: The services to be funded,in whole or in part,by the CFD include all direct and incidental costs related to providing the following services: I. Parks and Parkway Maintenance Services. Maintenance and operation of parks and parkways in the North Richmond Area including but not limited to the Richmond Parkway, Goodrick Avenue, Parr Boulevard, Pittsburg Avenue, West Gertrude Avenue, Brookside Drive, Central Avenue, Chesley Avenue, Market Avenue and 3`a Street. lI. Open Space Services. Maintenance and operation of open space and natural wild lands in the North Richmond Area owned or otherwise controlled by Contra Costa County (the "County"). III. Flood and Storm Drainage Services. Maintenance and operation of flood and storm drainage improvements in the North Richmond Area owned or otherwise controlled by the County or the Contra Costa County,Flood Control and Water Conservation District(the "District") The CFD may fund any of the following related to the services described in the preceding paragraph: obtaining, constructing, furnishing, operating and maintaining equipment, apparatus or facilities, paying the salaries and benefits of personnel (including but not limited to maintenance workers, patrol guards and other personnel), and for payment of other related expenses (including but not limited to employee benefit expenses and an allocation of general overhead expenses). Any services to be funded by the CFD must be in addition to those provided in the territory of the I CFD before the date of creation of the CFD, and may not supplant services already available within that territory when the CFD is created. It is expected that the services will be provided by the County and/or the District, either with their own employees or by contract with third parties,or any combination thereof. Administrative Expenses: The direct and indirect expenses incurred by the County in connection with the establishment and administration of the CFD (including, but not limited to, the levy and collection of the special taxes) including the fees and expenses of attorneys, any fees of the County related to the CFD or the collection of special taxes, an allocable share of the salaries of County staff directly related thereto and a proportionate amount of the County's general administrative-overhead related thereto, any amounts paid by the.County from its general fund with respect to the CFD or the services authorized to be financed by the CFD, and expenses incurred by the County in A-1 I 2GSi29 undertaking action to foreclose on properties for which the payment of special taxes is delinquent, and all other costs and expenses of the County in any way related to the CFD. Other: The incidental expenses that may be financed by the CFD include: (i) all costs associated with the establishment and administration of the CFD, the determination of the amount of and collection of taxes, the payment of taxes, and costs otherwise incurred in order to carry out the authorized purposes of the CFD, (ii) any other expenses incidental to the provision of the services eligible to be funded by the+CFD, and (iii) any amounts necessary to maintain a reserve required by the County or the District for the payment of the costs of the services. A-2 I 268 .29 EXHIBIT B COUNTY OF CONTRA COSTA COMMUNITY FACILITIES DISTRICT NO. 2006-1 (NORTH RICHMOND AREA MAINTENANCE SERVICES) RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX Special Taxes shall be levied on all Taxable Parcels within the County of Contra Costa Community Facilities District No. 2006-1 (North Richmond Area Maintenance Services) (the "CFD"), and collected according to the Rate and Method of Apportionment of Special Taxes described herein. I Special Taxes, when levied, shall be collected by the Contra Costa County Tax Collector's Office by means of a line item on the annual ad-valorem property tax billings or, if determined to be in the best interests of the County, by means of the direct billing by the County of the applicable property owners. DEFINITIONS Administrator: Means the individual(s) designated by the County to administer the CFD in accordance with the authority and powers granted by the Board of Supervisors. Annual Administrative Costs: Means the direct and indirect expenses incurred by the County in connection with the establishment and administration of the CFD (including,but not limited to, the levy and collection of the special taxes) including the fees .and expenses of attorneys, any fees of the County related to the CFD or the collection of special taxes, an allocable share of the salaries of County staff directly related thereto and a proportionate amount of the County's general administrative overhead related thereto, any amounts paid by the County from its general fund with respect to the CFD or the services authorized to be financed by the CFD, and expenses incurred by the County in undertaking action to foreclose on properties for which the payment of special taxes is delinquent, and all other costs and expenses of the County in any way related to the CFD. Assessor Parcel: Means alparcel of land which has an Assessor Parcel number assigned to it by the Contra Costa County Assessor's office. Building Permit: Means a Building Permit issued by the County and having an improvement valuation over $50,000. Building Permits for the construction of ancillary structures such as fences, swimming pools, retaining walls, etc are not to be considered "Building Permits" for purposes of this Rate and Method of Apportionment of Special Taxes. CFD: Means County of Contra Costa Community Facilities District No. 2006-1 (North Richmond Area Maintenance Services). B-1 I 268129 Commercial Parcels: Means Assessor Parcels classified as "Commercial Parcels" or "Improved Commercial Parcels"by the County Assessor. Condominium Parcels:Means Assessor Parcels classified as "Condominium Parcels"by the County Assessor; including below market rate condominiums. County:Means Contra Costa County. Exempt Parcels: Means Assessor Parcels owned by the Federal, State, County or other local government or special district, and Assessor Parcels not otherwise classified.as Taxable Parcels. I Fiscal Year:Means the period starting on July 1 and ending the following June 30. Floor Area Ratio: Means the total improved square footage of the structure(s) divided by the total square footage of the Assessor Parcel upon which the structure(s) is/are located. For example, if the improved square footage of a structure is 50,000 sq. ft. and the Assessor Parcel upon which the structure is located on is 25,000 sq. ft. the Floor Area Ratio is equal to 2.00 (50,000 sq. ft./25,000 sq. ft.). Industrial Parcels: Means Assessor Parcels classified as "Industrial Parcels" by the County Assessor. Institutional Parcels: Means Assessor Parcels classified as "Institutional Parcels" by the County Assessor. Multi-Family Residential Parcels: Means Assessor Parcels classified as "Multi-Family Residential Parcels" by the County Assessor. These parcels include apartments and below market rate units. However, Multi-Family Residential Parcels shall not include Condominium Parcels or Townhome Parcels. Parcel Acreage: Means the acreage identified on a County Assessor's map for a particular Assessor Parcel. If the acreage is not indicated on the County Assessor's map then the acreage indicated within the County Assessor's database or any other calculation determined by the Administrator that accurately depicts the assessor's parcel acreage. If it is determined that the County Assessor's mapJ acreage information for a particular Assessor Parcel is not accurate then the calculated acreage shall be based upon the judgment of the Administrator. Public Works Director: Means the County Director of Public Works or his/her designee. Rural Parcels: Means Assessor Parcels classified as "Rural Parcels" by the County Assessor;including below market rate units. Services: Means the services eligible to be funded by the CFD. B-2 I 2GS129 Single Family Residential Parcels: Means Assessor Parcels classified as "Single Family Residential" or "Attached Single Family Residential Parcels" by the County Assessor; including below market rate units. Special Tax Rate:Means the maximum Special Taxes to be levied on each Taxable Parcel within the boundaries of the CFD each Fiscal Year as shown in the following table, and subject to increases discussed below. County of Contra Costa Community Facilities District No.2006-1 (North Ricimond Area Maintenance Services) Fiscal Year 2006-07 Special Tax Rates by Land Use',' Total Single-Family Residential Parcels $150.00 per Residence Condominium Parcels $112.50 per Residence Townhome Parcels I $112.50 per Residence Multi-Family Residential Parcels $75.00 per Unit Commercial Parcels $1500.00 per Acre Industrial Parcels $1,500.00 per Acre Rural Parcels $150.00 per Residence Institutional Parcels $1,500.00 per Acre If any Taxable Parcel I ithin the boundaries of the CFD has a Floor Area Ratio greater than one (1.00) the Special Tax Rates shown in the table above will be multiplied by the Taxable Parcel's Floor Area Ratio. For example,if a Commercial Parcel has a Floor Area Ratio of 1.50 the Fiscal Year 2006-07 Special Tax Rate would be $2,250.00 per acre ($1,500.00/acre x 1.50).1 2 For Fiscal Year 2007-08 and for each Fiscal Year thereafter, the Special Tax Rates shown in the table above will be increased each year over the Special Tax Rates in effect for the prior Fiscal Year by a percentage equal to the percentage increase in the Consumer Price Index for San Francisco Bay Area Urban Wage Earners. Special Taxes: Means the Special Taxes levied on a Taxable Parcel pursuant to the Rate and Method of Apportionment of Special Taxes described herein. Taxable Parcel: Means an Assessor Parcel within the boundaries of the CFD that is not classified as an Exempt Parcel and for which a Building Permit has been issued prior to February 1 preceding the Fiscal Year for which Special Taxes are being levied. Townhome Parcels: Means Assessor Parcels classified as "Townhome Parcels" by the County Assessor. Usecode: Means the current use of the respective Assessor Parcel as assigned by the County Assessor's Office. B-3 I 2681299 CALCULATION OF SPECIAL TAXES The calculation of the Special Taxes will be as follows for each Fiscal Year, commencing with Fiscal Year 2006-07: 1) On or about July 1 of each year the Administrator will determine which Assessor Parcels within the boundaries of the CFD are classified as Taxable Parcels. 2) The Administrator will calculate the Floor Area Ratio for each Taxable Parcel to determine if the Floor Area) Ratio for any Taxable Parcel exceeds one(1:00). 3) The Administrator will calculate the total revenue the CFD would receive for the ensuing Fiscal Year, if the County were to levy the Special Taxes at the maximum Special Tax Rates on all Taxable Parcels within the boundaries of the CFD. 4) The Public Works Director will determine the Services funding needs for the CFD for the ensuing Fiscal Year, which will include the costs to pay Annual Administrative Costs. I 5) If the Services funding needs for the CFD identified in Step No. 4 above are less than the projected revenues identified in Step No. 3 the Special Tax Rates shall be reduced proportionately for each Taxable Parcel for the ensuing Fiscal Year to equal the funding needs. If the Services funding needs for the CFD identified in Step No. 4 above are equal to or greater than the projected revenues identified in Step No. 3 the Special Taxes shall be levied at the maximum Special Tax Rate for each Taxable Parcel. 6) The Administrator will submit the Special Taxes to the County Auditor's office for inclusion on the secured property tax roll for the applicable Fiscal Year or, if determined to be in the best interests of the County, will directly bill the applicable owners of the Taxable Parcels. COLLECTION OF THE SPECIAL�TAXES Each year, the Administrator will coordinate with the Contra Costa County Tax Collector's office to have the Special Tax foreach applicable Taxable Parcel placed on the secured property tax roll. If the Administrator believes it is in the best interest of the County, the Special Taxes may be directlylbilled to the applicable property owners. INTERPRETATION OF SPECIAL TAX FORMULA The County reserves the right to make minor administrative and technical changes to this document that do not materially affect the rate and method of apportioning the Special Taxes. In addition, the interpretation and application of any section of this document shall be left to the County's discretion. Interpretations may be made by the C6unty by ordinance or resolution of the Board of Supervisors for purposes of clarifying any vagueness or ambiguity in this Rate and Method of Apportionment. B-4 I 268129 APPEAL OF SPECIAL TAX Any property owner claiming that the amount or application of the Special Tax is not correct may file a written notice of appeal with the Administrator not later than one calendar year after having paid the Special Tax that is disputed. The Administrator 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 decide the appeal. If the property owner disagrees with the Administrator's decision relative to the appeal, the owner may then file a written appeal with the Board of Supervisors whose subsequent decision shall be binding. If the decision of the Administrator (if the appeal is not filed with the Board of Supervisors) or the Board of Supervisors (if the appeal is filed with the Board of Supervisors) requires the Special Tax to be modified or changed in favor of the property owner,no cash refund shall be made for prior years' Special Tax levies, but an adjustment shall be made to the next Special Tax levy. This procedure shall be exclusive and its exhaustion by any property owner shall be a condition precedent to any legal action by such owner. TERM OF SPECIAL TAX The Special Taxes shall be levied in perpetuity as necessary to fund the Services and pay the Annual Administrative Costs. B-5 I , 268JI29 EXHIBIT C COUNTY OF CONTRA COSTA COMMUNITY FACILITIES DISTRICT NO. 2006-1 (NORTH RICHMOND AREA MAINTENANCE SERVICES) ASSESSOR'S PARCEL NUMBERS AND OWNERS OF LAND WITHIN THE CFD Contra Costa County Assessor's Parcel Numbers Owner of Record of Parcels 408-240-01 through and KB HOME South Bay, Inc. including 408-240-88; 6700 Koll Center Parkway,Suite 200 408-240-93;408-240-94; and Pleasanton,California 94566 408-250-01 through and including 408-250-79 408-240-89,408-240-90, KB One,LLC 408-240-91 and 408-240-92 6700 Koll Center Parkway, Suite 200 Pleasanton,California 94566 i ®f®®cumf -1