CITY OF SAN MARCOS ENGINEERING DIVISION

Transcription

1 CITY OF SAN MARCOS ENGINEERING DIVISION ANNEXATION to CFD No Lighting & Landscaping Open Space Preserve Maintenance (Residential Subdivisions) 1 Civic Center Dr., San Marcos, CA (760) FAX (760) This check list establishes uniform procedures for the annexation of a residential subdivision into the Community Facilities District (CFD) No for Lighting, Landscaping, Open Space and Preserve Maintenance. There are specific procedures for annexation depending on whether or not there are special facilities, to be maintained by CFD 98-02, associated with the subdivision. Please follow the appropriate procedure and return all items to the Engineering Department for processing. 1. FOR SUBDIVISIONS WITH NO SPECIAL FACILITIES TO BE MAINTAINED Processing Time 1 month Provide application for annexation to CFD Annexation Fee = $ ($250 + $50/lot) Provide notarized signatures on Consent and Election Form Fill in Owner(s) name on Page 1 Owner to Sign on Page 3 in the presence of notary Complete Appendix A: list APNs & attach boundary map of parcels to be annexed Provide Proof of Ownership (Grant Deed, Title Report, etc.) and other documentation that authorizes who can sign on behalf of corporation, partnership, LLC, trust, etc. Provide Assessment Area Diagram showing boundaries of parcels to be annexed on 18 x26 mylar and on 8 ½ x11, include list of Assessor s Parcel Numbers to be annexed-provide APNs prior to subdivision of lots (see attached example) Submit Disclosure Statement to future buyers (see handout Sample Disclosure Statement ) 2. FOR SUBDIVISIONS WITH SPECIFIC FACILITIES TO BE MAINTAINED BY CFD Processing time 3-5 months Provide application for annexation to CFD Annexation Fee minimum deposit = $ 12, Developer is responsible for full cost of annexation including all consultant and staff costs. Detailed annual cost estimate describing areas and types of facilities to be maintained by CFD Plan of subdivision showing areas and facilities to be maintained on 18 x26 mylar (min.)

2 Provide Assessment Area Diagram showing boundaries of parcels to be annexed on 18 x26 mylar and on 8 ½ x11, include list of Assessor s Parcel Numbers to be annexed-provide APNs prior to subdivision of lots (see attached example) Consent and Waiver Form to shorten election process to be signed by owners Owner to Sign on Page 2 in the presence of notary Complete Appendix A: list APNs & attach boundary map of parcels to be annexed Provide Proof of Ownership (Grant Deed, Title Report, etc.) and other documentation that authorizes who can sign on behalf of corporation, partnership, LLC, trust, etc. Submit Disclosure Statement to future buyers (see handout Sample Disclosure Statement ) U:\Development Services Users\Engineering\Engineering\HANDOUTS - Engineering\CFD Residential Subdivisions.doc

3 CONSENT AND ELECTION TO ANNEX REAL PROPERTY TO AN EXISTING COMMUNITY FACILITIES DISTRICT CITY OF SAN MARCOS COMMUNITY FACILITIES DISTRICT NO (LIGHTING, LANDSCAPING, OPEN SPACE AND PRESERVE MAINTENANCE) 1. The undersigned is the owner ( Owner ), or the duly authorized representative of the Owner, of the real property described in Exhibit A attached hereto and incorporated herein by reference ( Property ), and, in such capacity, possesses all legal authority necessary to execute this Consent and Election as and on behalf of the Owner in connection with the annexation of the Property to the District (as defined below). The Owner is: (Type or print name the full name of the owner or owners of the Property and address in space above) 2. The Owner is aware of and understands the following: A. The City of San Marcos has conducted proceedings pursuant to the Mello- Roos Community Facilities Act of 1982, (Government Code and following) ( Act ) to form a community facilities district known and designated as COMMUNITY FACILITIES DISTRICT NO (LIGHTING, LANDSCAPING, OPEN SPACE AND PRESERVE MAINTENANCE) ( District ) to finance the following described public facilities ( Public Facilities ) and authorized services ( Services ): The maintenance, operation and management of the following types of facilities and properties: 1. Public lighting and appurtenant facilities, including, but not limited to street lighting and traffic signals: 2. Median landscaping and appurtenant facilities; 3. Parkway landscaping and appurtenant facilities; 4. Public or private property required by the City of San Marcos to be maintained as passive open space areas, including, but not limited to, passive open space areas, habitat preservation areas, slopes areas and earthen/natural drainage channels and appurtenances; and

4 5. Active space areas including parks and trails and appurtenances. For a full and complete description of the public services, reference is made to the final Special Tax Report, a copy of which is on file in the Office of the City Clerk. For all particulars, references is made to said Special Tax Report. B. The City has also undertaken proceedings pursuant to Article 3.5 of the Act to provide for the future annexation of certain territory, including the Property, to the District. On August 25, 1998, the City held a public hearing as required by the Act to consider the future annexation of such territory, including the Property, to the District. Notice of such public hearing was given in the form and manner as required by law. A protest to such future annexation was not received from 50% or more of the registered voters, or six registered voters, whichever is more, residing in the territory proposed to be annexed in the future or the owners of one-half or more of the area of land in the territory proposed to be annexed in the future. At the conclusion of such public hearing, the legislative body of the City did approve and provide for the annexation of the territory, including the Property, proposed for annexation in the future upon the unanimous approval of the owner or owners of each parcel or parcels at the time that such parcel or parcels are annexed, without additional hearings. THE UNDERSIGNED DOES HEREBY CERTIFY UNDER PENALTY OF PERJURY AS FOLLOWS: 1. The Owner consents and elects to and expressly approves the annexation of the Property to the District and the authorization for the levy of the Special Tax within the Property without further public hearing and without an election conducted pursuant to the provisions of Government Code and Article 2 of the Act and the Elections Code of the State of California, Owner agrees and intends that such consent and approval constitutes Owner s election to annex the Property to the District and to approve the authorization for the levy of the Special Tax within the Property. 2. The Owner waives any right which the Owner may have to make any protest or complaint or undertake any legal action challenging the validity of the proceedings of the City or the District to authorize the future annexation of the Property to the district or the authorization for the levy of the Special Tax within the Property, any necessity, requirement, right or entitlement for further public hearing or election pertaining to the annexation of the Property to the District and the levy of the Special Tax within the Property. 3. The Owner specifically authorizes the levy of the Special Tax on the Property pursuant to the rate and method of apportionment set forth in Exhibit B to pay for the authorized Pubic Facilities and Services and/or to assist in the payment for bonded indebtedness of the District. 2

5 EXECUTED this day of,, in,california. (Signature) (Type or print name of signor) (Signature) (Type or print name of signor) Note: Signatures of property owner(s) or representatives must be notarized. Proof of Authorization to sign is required for Corporations, Partnerships, Limited Liability Companies, Trusts, etc. 3

6 NOTARY ACKNOWLEDGEMENT STATE OF CALIFORNIA COUNTY OF SAN DIEGO ) On, before me, _ (insert name and title of the officer) personally appeared, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity (ies), and that by his/her/their signature(s) on the instrument the persons(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the Sate of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Notary Public) (This area for official notarial seal) 4

7 EXHIBIT A CITY OF SAN MARCOS COMMUNITY FACILITIES DISTRICT NO (LIGHTING, LANDSCAPING, OPEN SPACE AND PRESERVE MAINTENANCE) ANNEXATION NO. Assessors Parcel No. (Attach copy of Assessor Parcel Map that shows property to be annexed) U:\Development Services Users\Engineering\Engineering\HANDOUTS - Engineering\CFD Lighting-Landscaping Consent Form.doc 5