MEETING DATE:
December 14, 2021
SUBJECT:
Title
AUTHORIZATION TO RECORD NOTICE OF CESSATION OF SPECIAL TAX LIEN FOR CERTAIN PROPERTIES IN COMMUNITY FACILITIES DISTRICT NO. (CFD) 98-02 (LIGHTING, LANDSCAPING, OPEN SPACE AND PRESERVE MAINTENANCE).
Body
Recommendation
Recommendation
ADOPT the resolution authorizing the recording of a Notice of Cessation of Special Tax Lien for certain properties within Community Facilities District No. (CFD) 98-02 (Lighting, Landscaping, Open Space and Preserve Maintenance).
Body
Board or Commission Action
Not applicable.
Relevant Council Strategic Theme
Good Governance
Relevant Department Goal
No applicable.
Executive Summary
In order to prevent confusion regarding the special tax lien on certain property subject to a special tax for lighting, landscaping, open space and preserve maintenance facilities and services, a Notice of Cessation of Special Tax Lien needs to be approved and recorded against certain properties located in Community Facilities District No. 98-02 (“CFD 98-02”) which have been annexed into a special improvement area within CFD 98-02.
Discussion
APNs 221-080-29-00, 221-142-18-00, & 221-142-21-00 (the “Property”) have been annexed to CFD 98-02 to pay for lighting, landscaping, open space and preserve maintenance facilities and services (the “CFD 98-02 Services”) and an amendment to the notice of special tax lien was recorded (the “CFD 98-02 Notice”). As a result of a right-of-way (ROW) acquisition by the developer, the parcel boundaries and parcel numbers encompassing these properties were changed to APNs 221-081-01-00, 221-081-02-00, 221-081-03-00, 221-081-04-00, and 221-081-05-00. Subsequently, a special improvement area encompassing the Property was established and, pursuant to Resolution No. 2021-8953, the parcels were annexed into the special improvement area Community Facilities District 98-02 F-57 (“CFD 98-02 F-57”) under one rate and method of apportionment to pay for specific lighting, landscaping, open space and preserve maintenance facilities and services (the “CFD 98-02 F-57 Services”), in addition to the CFD No. 98-02 Services and an amendment to the notice of special tax lien was recorded (the “CFD 98-02 F-57 Notice”). As a result, there are currently two separate special tax liens recorded against the Property and only the CFD 98-02 F-57 Notice is necessary to secure the lien to levy the special tax for the CFD 98-02 Services and the CFD 98-02 F-57 Services.
To avoid confusion regarding the special tax lien on the Property and to avoid the appearance that the Property would be taxed twice for CFD 98-02 Services a Notice of Cessation of Special Tax Tien relating to the CFD 98-02 Notice must be approved and recorded to remove the lien. The special taxes levied for the CFD 98-02 Services and the CFD 98-02 F-57 Services under the CFD 98-02 F-57 Notice supersede and replace the special taxes for the CFD 98-02 Services under the CFD 98-02 Notice. Recordation of a Notice of Cessation of Special Tax Lien for the CFD 98-02 Notice on the Property will remove lien on the Property solely for the CFD 98-02 Services.
Environmental Review
Not applicable.
Fiscal Impact
Approval of the resolution will result in a one-time County recording fee of approximately $40.
Attachment(s)
1) Resolution 2021-8960
2) Aerial Map of Property (“CFD 98-02 Notice”)
3) Boundary Map of CFD 98-02 F-57 (“CFD 98-02 F-57 Notice”)
Prepared by: Donna Apar, Assistant Finance Director
Submitted by: Lisa Fowler, Finance Director
Reviewed by: Michelle Bender, Assistant City Manager
Approved by: Jack Griffin, City Manager