2012/06/19 Tax Liens Notice of Special Tax LienINDIAN WELLS
(760) 568-2611
IRVINE
(949) 263-2600
LOS ANGELES
(213) 617-8100
ONTARIO
(909) 989-8584
Barbara J. Skinner
(951) 826-8253
Barbara.Skinner@bbklaw.com
File No. 29277.00002
VIA LAND DELIVERY
Kathy Bennett
City Clerk
City of Menifee
29714 Haun Road
Menifee, CA 92586
Dear Kathy:
BEST BEST & MIEGER �
ATTORNEYS AT LAw
3750 University Avenue, Suite 400
Post Office Box 1028
Riverside, California 92502-1028
(951) 686-1450
(951) 686-3083 Fax
BBKlaw.com
June 19, 2012
SACRAMENTO
(916) 325-4000
SAN DIEGO
(619) 525-1300
WALNUT CREEK
(925) 977-3300
Enclosed are one original and two copies of a Notice of Special Tax Lien for
Community Facilities District No. 2012-02 (Hidden Hills). Please date and sign the original and
one copy and return them to me as soon as possible, so that I can record it with the Riverside
County Recorder's office. The additional copy may be retained for your records.
BJS:BJS:bjs
Enclosures
cc: Terri Willoughby
29277.00002\7478151.1
Sincerely,
Barbara J. Skinner
Paralegal
for BEST BEST & KRIEGER LLP
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO
City Clerk
City of Menifee
29714 Haun Road
Menifee, CA 92586
SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE
NOTICE OF SPECIAL TAX LIEN
EXEMPT FROM FILING FEES
PURSUANT TO GOVERNMENT
CODE SECTION 6103
Pursuant to the requirements of Section 3114.5 of the Streets and Highways Code
and Section 53328.3 of the Government Code, the undersigned City Clerk of the City of
Menifee, County of Riverside, State of California, hereby gives notice that a lien to secure
payment of special taxes is hereby imposed by the City Council of the City of Menifee, County
of Riverside, State of California. The special taxes secured by this lien are authorized to be
levied for the purpose of paying the costs of services to be provided, including the costs of (i) the
maintenance of landscape, which includes, but is not limited to, all landscaping materials such as
turf, ground cover, shrub, trees, plants, irrigation and drainage systems, electricity
repair/replacement and inspection, (ii) the maintenance of parks, open space areas, and trails
which includes, but is not limited to, trees, plant material, sod, irrigation systems, sidewalks,
drainage facilities, weed control and other abatements (iii) building of a reserve fund for capital
replacement, and (iv) payment of Administrative Expenses.
The special taxes are authorized to be levied within City of Menifee Community
Facilities District No. 2012-02 (Hidden Hills), County of Riverside, State of California (the
"Community Facilities District") which has now been officially formed and the lien of the
special taxes is a continuing lien which shall secure each annual levy of the special taxes and
which shall continue in force and effect until the special tax obligation is prepaid, permanently
satisfied, and canceled in accordance with law or until the special taxes cease to be levied and a
29277.00002\74 72622.1
notice of cessation of special tax is recorded in accordance with Section 53330.5 of the
Government Code.
The rates, method of apportionment, and manner of collection of the authorized
special taxes are as set forth in Exhibit "A" attached hereto.
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 levies shall become a lien upon all
nonexempt real property within the Community Facilities District in accordance with Section
3115.5 of the Streets and Highways Code.
The name(s) of the owner(s) and the assessor's tax parcel number(s) of the real
property included within the Community Facilities District and not exempt from the special taxes
are set forth in Exhibit "C" attached hereto.
Reference is made to the boundary map of the Community Facilities District
recorded on June 4, 2012, in Book 75 of Maps of Assessment and Community Facilities
Districts, at Page 61, and as Instrument No. 2012-0255764 in the office of the County Recorder
for the County of Riverside, State of California, which map is now the final boundary map of the
Community Facilities District.
For further information concerning the current and estimated future tax liability of
owners or purchasers of real property subject to this special tax lien, interested persons should
contact the Finance Department of the City of Menifee, 29714 Haun Road, Menifee, California,
telephone number (951) 672-6777.
Dated: June �, 2012.
Kathy Bennett
City Clerk of the City of Menifee
29277.00002v472622.1 -2-
EXHIBIT "A"
RATES AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR
CITY OF MENIFEE COMMUNITY FACILITIES DISTRICT NO.2012-02
(HIDDEN HILLS)
29277, 00002\7472622.1 A-1
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR
COMMUNITY FACILITIES DISTRICT NO. 2012-02 (HIDDEN HILLS)
OF THE CITY OF MENIFEE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
A Special Tax (all capitalized terms are defined in Section A., "Definitions", below) shall
be applicable to each Parcel of Taxable Property located within the boundaries of
Community Facilities District No. 2012-02 (Hidden Hills). The amount of Special Tax to
be levied in each Fiscal Year, commencing in Fiscal Year 2013-2014 on a Parcel, shall
be determined by the by the City Council of the City of Menifee, acting in its capacity as
the legislative body of the CFD by applying the appropriate Special Tax as set forth in
Sections B., C., and D., below. All of the real property within the CFD, unless exempted
by law or by the provisions hereof in Section E., shall be taxed for the purposes, to the
extent and in the manner herein provided,
A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
"Acre or Acreage" means the land area of a Parcel as indicated on the most recent
Assessor's Parcel Map, or if the land area is not shown on the Assessor's Parcel Map,
the land area shown on the applicable Final Map, Assessor's Parcel Map, condominium
plan, or other recorded County map or the land area calculated to the reasonable
satisfaction of the Administrator using the boundaries set forth on such map or plan.
The square footage of a Parcel is equal to the Acreage of such Parcel multiplied by
43,560.
"Act" means the Mello -Roos Community Facilities Act of 1982, as amended, being
Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code of the State of
California.
"Administrative Expenses" means all actual or reasonably estimated costs and
expenses of the CFD that are chargeable or allocable to carry out its duties as the
Administrator of the CFD as allowed by the Act, which shall include without limitation, all
costs and expenses arising out of or resulting from the annual levy and collection of the
Special Tax (whether by the City or designee thereof or both), any litigation or appeal
involving the CFD, and normal administrative expenses of the City or designee thereof
or both. Administrative Expenses shall also include amount estimated or advanced by
the City or CFD for attorney's fees and other costs related to commencing and pursuing
to completion any foreclosure as a result of delinquent Special Taxes.
"Administrator" means an official of the City, or designee thereof, responsible for
determining the annual amount of the levy and collection of the Special Taxes.
"Approved Property" means all Parcels of Taxable Property: (i) that are included in a
Final Map that was recorded prior to the January 1st preceding the Fiscal Year in which
City Of Menifee
RMA For CFD No. 2012-02 (Hidden Hills)
the Special Tax is being levied, and (ii) that have not been issued a Building Permit prior
to the April 1st preceding the Fiscal Year in which the Special Tax is being levied.
"Assessor" means the Assessor of the County of Riverside.
"Assessor's Parcel Map" means an official map of the Assessor of the County
designating Parcels by Assessor's Parcel Number.
"Assessor's Parcel Number" means the number assigned to a lot or Parcel for
purposes of identification as determined from an Assessor Parcel Map or the applicable
assessment roll.
"Base Year" means the Fiscal Year ending June 30, 2014.
"Boundary Map" means a recorded map of the CFD which indicates by a boundary
line the extent of the territory identified to be subject to the levy of Special Taxes.
"Building Permit" means the first legal document issued by a local agency giving
official permission for new construction. For purposes of this definition, "Building
Permit" shall not include any subsequent Building Permits issued or changed after the
first issuance.
"CFD" means Community Facilities District No. 2012-02 (Hidden Hills) of the City of
Menifee.
"City" means the City of Menifee, California
"Consumer Price Index" means the Consumer Price Index published by the U.S.
Bureau of Labor Statistic for "All Urban Consumers" in the Los Angeles -Riverside -
Orange County Area, measured as of the month of December in the Calendar Year
which ends in the previous Fiscal Year. In the event this index ceases to be published,
the Consumer Price Index shall be another index as determined by the Administrator
that is reasonably comparable to the Consumer Price Index for the Los Angeles -
Riverside -Orange County Area.
"Council" mean the City Council of the City acting as the legislative body of the CFD.
"County" means the County of Riverside, California.
"Developed Property" means all Parcels of Taxable Property: (i) that are included in a
Final Map that was recorded prior to January Vt preceding the Fiscal Year in which the
Special Tax is being levied, and (ii) for which a Building Permit for new construction has
been issued prior to April Vt preceding the Fiscal Year in which the Special Tax is being
levied.
"Dwelling Unit" or "(D/U)" means a residential unit that is used or intended to be used
as a domicile by one or more persons, as determined by the Administrator.
City Of Menifee - -
RMA For CFD No. 2012-02 (Hidden Hills)
"Exempt Property" means any Parcel which is exempt from Special Taxes pursuant to
Section E., below.
"Final Map" means a subdivision of property by recordation of a Final Map, Assessor's
Parcel Map, or lot line adjustment, pursuant to the Subdivision Map Act (California
Government Code Section 66410 et seq.) or recordation of a condominium plan
pursuant to California Civil Code 1352 that creates individual lots for which Building
Permits may be issued without further subdivision.
"Fiscal Year" means the 12 month period starting on July 1 of any calendar year and
ending the following June 30.
"Land Use Class" means any of the classes listed in Table 1, below.
"Maximum Special Tax" means for each Fiscal Year, the greatest amount of Special
Tax for each Parcel, determined in accordance with Section C., below, which may be
levied in such Fiscal Year.
"Multifamily Residential Property" means all Parcels of Developed Property that
consists of a building or buildings comprised of attached Dwelling Units available for
rental by the general public, not for sale to an end user, and under common
management.
"Non -Residential Property" means all Parcels of Developed Property for which a
Building Permit was issued, permitting the construction of one or more non-residential
u nits.
"Parcel(s)" means a lot or parcel within the CFD shown on an Assessor's Parcel Map
with an assigned Assessor's Parcel Number valid as of July 1st for the Fiscal Year for
which the Special Tax is being levied.
"Property Owner's Association Property" means all Parcels which have been
conveyed, dedicated to, or irrevocably offered for dedication to a roperty owner
association, including any master or sub -association, prior to April 1 s preceding the
Fiscal Year in which the Special Tax is being levied.
"Proportionately" means for Taxable Property that is (i) Developed Property, that the
ratio of the actual Special Tax levy to Maximum Special Tax is the same for all Parcels
of Developed Property, (ii) Approved Property, that the ratio of the actual Special Tax
levy to the Maximum Special Tax is the same for ail Parcels of Approved Property, and
(1h) Undeveloped Property, Public Property and Property Owner's Association Property
that the ratios of the actual Special Tax levy per Acre to the Maximum Special Tax per
Acre is the same for all Parcels of Undeveloped Property, Public Property and Property
Owner's Association Property.
City Of Menifee
RMA For CFD No. 2012-02 (Hidden Hills)
"Public Property" means all Parcels which, as of April Vt preceding the Fiscal Year in
which the Special Tax is being levied, are (i) used for rights -of -way or any other purpose
and is owned by, dedicated to, or irrevocably offered for dedication to the federal
government, the State, the County, City or any other public agency, provided, however,
that any property leased by a public agency to a private entity and subject to taxation
under Section 53340.1 of the Act shall be taxed and classified according to its use; and
(ii) encumbered by an unmanned utility easement making impractical its utilization for
other that the purpose set forth in the easement.
"Reserve Fund" means a fund to be used for capital replacement and maintenance
costs.
"Reserve Fund Requirement" means an amount up to 100% of the anticipated annual
cost of Services, not exceeding $212,000.00 for the Base Year. The Reserve Fund
Requirement shall be increased based on the percentage increase in the Consumer
Price Index with a maximum annual increase of six percent (6%) and a minimum annual
increase of two percent (2%) of the reserve fund requirement in effect in the previous
Fiscal Year.
"Residential Property" means all Parcels of Developed Property for which a Building
Permit has been issued permitting the construction of one or more residential Dwelling
Units.
"Services" means landscape maintenance to be financed, including streetscape, parks,
open space areas, and trails, which are in addition to those services that were provided
within the boundaries of the CFD at the time of formation of the CFD. The landscape
maintenance may include, but is not limited to all landscaping materials such as turf,
ground cover, shrub, trees, plants, irrigation and drainage systems, electricity,
repair/replacement and inspection. The maintenance of parks, open space areas, and
trails may include, but is not limited to trees, plant material, sod, irrigation systems,
sidewalks, drainage facilities, weed control and other abatements.
"Single Family Property" means all Parcels of Residential Property, other than
Multifamily Residential Property.
"Special Tax(es)" means the special tax to be levied in each Fiscal Year on each
Parcel of Taxable Property in accordance with Section D.
"Special Tax Requirement" means for each Fiscal Year, that amount required to; (i)
pay the estimated cost of Services for such Fiscal Year as determined by the City; (ii)
fund the Reserve Fund in an amount equal to the lesser of (a) 20% of the Reserve Fund
Requirement or (b) the amount needed to fund the Reserve Fund up to the Reserve
Fund Requirement, (iii) pay Administrative Expenses; (iv) pay for the actual or
anticipated shortfall due to Special Tax delinquencies in the current or prior Fiscal Year;
and (v) less a credit for funds available to reduce the annual Special Tax levy as
determined by the Administrator.
City Of Menifee
RMA For CFD No. 2012-02 (Hidden Hills)
"State" means the State of California.
"Taxable Property" means all Parcels within the boundary of the CFD pursuant to the
Boundary Map which are not exempt from the Special Tax pursuant to Section E.,
below.
"Taxable Unit" means either a Dwelling Unit or an Acre, as shown in Table 1.
"Undeveloped Property" means all Parcels of Taxable Property not classified as
Developed Property, Approved Property, Public Property or Property Owner's
Association Property.
B. ASSIGNMENT TO LAND USE CLASS
Each Fiscal Year, commencing with Fiscal Year 2013-2014, all Parcels of Taxable
Property shall be classified as either Developed Property, Approved Property,
Undeveloped Property, Public Property and/or Property Owner's Association Property,
and subject to the levy of Special Taxes in accordance with this Rate and Method of
Apportionment as determined pursuant to Sections C. and D.
Parcels of Developed Property shall further be classified as Residential Property or
Non -Residential Property. Parcels of Residential Property shall further be classified as
Single Family Property or Multifamily Residential Property.
C. MAXIMUM SPECIAL TAX RATES
1. Developed Property
The Maximum Special Tax that may be levied and escalated as explained further
in Section C.1.(b)., below in any Fiscal Year for each Parcel classified as
Developed Property is shown below in Table 1.
Table 1
Maximum Special Tax Rates
Fiscal Year 2013-2014
Land
Maximum Special Tax
Use
Class
Description
Taxable
Unit
Per Taxable Unit
1
Single Family Property
D/U
$440.00
2
Multifamily Residential Property
Acre
$2,360.00
3
Non -Residential Property
Acre
$2,360.00
(a) Increase in the Maximum Special Tax
City Of Menifee
RMA For CFD No. 2012-02 (Hidden Hills)
On each July 1, following the Base Year, the Maximum Special Tax, identified in
Table 1, above, shall be increased based on the percentage increase in the
Consumer Price Index with a maximum annual increase of six percent (6%) and
a minimum annual increase of two percent (2%) of the Maximum Special Tax in
effect in the previous Fiscal Year.
(b) Multiple Land Use Classes
In some instances a Parcel of Developed Property may contain more than one
Land Use Class. The Maximum Special Tax that can be levied on such Parcel
shall be the sum of the Maximum Special Tax that can be levied for each Land
Use Class located on that Parcel. For a Parcel that contains more than one Land
Use Class, the Acreage of such Parcel shall be allocated to each type of property
based on the amount of Acreage designated for each land use as determine by
reference to the site plan approved for such Parcel. The Administrator's
allocation to each Land Use Class shall be final.
2. Approved Property
The Maximum Special Tax for each Parcel of Approved Property shall be equal
to the product of the applicable Undeveloped Property Maximum Special Tax
rate per Acre times the Acreage of such Parcel; provided, however, for a Parcel
of Approved Property that has a Building Permit issued and which will become
Single Family Property, the Maximum Special Tax for such Parcel of Approved
Property shall be calculated pursuant to Section C.1 as if such Parcel were
already designated as Single Family Property.
3. Undeveloped Property
The Maximum Special Tax that may be levied and escalated for each Parcel
classified as Undeveloped Property is $2,360 per Acre and shall be increased
annually, commencing July 1, 2013, based on the percentage increase in the
Consumer Price Index with a maximum annual increase of six percent (6%) and
a minimum annual increase of two percent (2%) of the Maximum Special Tax in
effect in the previous Fiscal Year.
4. Public Property and/or Property Owner's Association Property that is not
Exempt Property pursuant to the provisions of Section E.
The Maximum Special Tax for each Parcel of Taxable Public Property and/or
Property Owners Association Property shall be equal to the product of the
applicable Undeveloped Property Maximum Special Tax rate per Acre times the
Acreage of such Parcel and shall be increased annually, commencing July 1,
2013, based on the percentage increase in the Consumer Price Index with a
maximum annual increase of six percent (6%) and a minimum annual increase of
City Of Menifee — — --
RMA For CFD No. 2012-02 (Hidden Hills)
two percent (2%) of the Maximum Special Tax in effect in the previous Fiscal
Year
D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX
Commencing with Fiscal Year 2013-2014 and for each following Fiscal Year, the
Administrator shall levy the Special Tax on all Taxable Property until the amount of
Special Taxes equals the applicable Special Tax Requirement in accordance with the
following steps:
First: The Special Tax shall be levied Proportionately on each Parcel of Developed
Property at up to 100% of the applicable Maximum Special Tax as needed to satisfy the
Special Tax Requirement;
Second: If additional moneys are needed to satisfy the Special Tax Requirement after
the first step has been completed, the Special Tax shall be levied Proportionately on
each Parcel of Approved Property at up to 100% of the Maximum Special Tax for
Approved Property;
Third: If additional moneys are needed to satisfy the Special Tax Requirement after the
first two steps have been completed, the Special Tax shall be levied Proportionately on
each Parcel of Undeveloped Property at up to 100% of the applicable Maximum Special
Tax for Undeveloped Property;
Fourth: If additional moneys are needed to satisfy the Special Tax Requirement after
the first three steps have been completed, the Special Tax shall be levied
Proportionately on each Parcel of Taxable Property that is Public Property and Property
Owner's Association Property at up to 100% of the applicable Maximum Special Tax for
such Parcel.
Notwithstanding the above, under no circumstances will the Special Taxes levied in any
Fiscal Year against any Parcel of Residential Property for which a Certificate of
Occupancy has been issued be increased by more than ten percent (10%) as a result of
a delinquency in the payment of the Special Tax applicable to any other Parcel above
the amount that would have been levied in that Fiscal Year had there never been any
such delinquency or default.
E. EXEMPTIONS
The CFD shall not levy Special Taxes on up to 80.16 Acres of Public Property and
Property Owner's Association Property within the CFD. Exempt Property status will be
assigned by the Administrator in the chronological order in which Parcels becomes
Public Property and/or Property Owner's Association Property.
After the limit of exempt Acres described above has been reached, the Maximum
Special Tax obligation for any additional Public Property or Property Owner's
--- --- - ---
City Of Menifee --- - - - -- -- - - -- - -
RMA For CFD No. 2012-02 (Hidden Hills)
Association Property shall be subject to the levy of the Special Tax as provided for in
the fourth step in Section D.
F. MANNER OF COLLECTION
The Special Tax shall be collected in the same manner and at the same time as
ordinary ad valorem property taxes and shall be subject to the same penalties, the
same procedure, sale and lien priority in the case of delinquency; provided, however,
that the Administrator may directly bill the Special Tax, may collect Special Taxes at a
different time or in a different manner if necessary to meet the financial obligations of
the CFD, and provided further that the CFD may covenant to foreclose and may actually
foreclose on Parcels having delinquent Special Taxes as permitted by the Act.
G. APPEALS
Any taxpayer may file a written appeal of the Special Tax on his/her Parcel(s) with the
Administrator, provided that the appellant is current in his/her payments of Special
Taxes. During pendency of an appeal, all Special Taxes must be paid on or before the
payment due date established when the levy was made. The appeal must specify the
reasons why the appellant claims the Special Tax is in error. The Administrator shall
review the appeal, meet with the appellant if the Administrator deems necessary, and
advise the appellant of its determination. If the Administrator agrees with the appellant,
the Administrator shall grant a credit to eliminate or reduce future Special Taxes on the
appellant's Parcel(s). No refunds of previously paid Special Taxes shall be made.
The Administrator shall interpret this Rate and Method of Apportionment and make
determinations relative to the annual levy and administration of the Special Tax and any
taxpayer who appeals, as herein specified.
H. TERM OF THE SPECIAL TAX
The Special Tax shall be levied annually in perpetuity to meet the Special Tax
Requirement, unless terminated earlier by the City.
City Of Menifee
RMA For CFD No. 2012-02 (Hidden Hills)
EXHIBIT `B"
CITY OF MENIFEE
COMMUNITY FACILITIES DISTRICT NO.2012-02 (HIDDEN HILLS)
Assessor's Parcel Numbers for propertv owned by KB Home Coastal, Inc.
003
360-700-004
360-710-01
360-720-001
005
360-700-006
360-710-008
360-720-002
010
360-700-009
360-710-009
360-720-003
012
R360-180-017
360-700-010
360-710-010
360-720-004
014
360-700-011
360-710-011
360-720-005
360-700-012
360-710-020
360-720-006
018
360-700-013
360-710-021
360-720-007
360-700-014
360-710-023
360-720-009
360-700-015
360-710-024
360-720-010
360-700-016
360-710-025
360-720-011
360-700-017
360-710-027
360-720-012
360-700-018
360-710-028
360-720-013
360-700-019
360-710-029
360-720-014
360-700-020
360-710-031
360-720-015
360-700-021
360-710-032
360-720-016
360-700-022
360-710-034
360-720-017
360-700-023
360-710-035
360-720-018
360-700-024
360-710-036
360-720-019
360-700-025
360-710-037
360-720-020
360-700-026
360-710-039
360-720-021
360-700-027
360-710-040
360-720-022
360-700-028
360-720-023
360-700-029
360-720-024
360-700-030
360-720-025
360-700-034
360-720-026
360-700-035
360-720-027
360-700-036
360-720-028
360-700-037
360-720-029
360-700-038
360-720-030
360-700-039
360-720-031
360-700-040
360-720-032
360-720-033
360-720-034
360-720-035
360-720-036
360-720-037
36.0-720-03 8
360-720-039
360-720-041
360-720-042
360-720-044
360-720-045
360-720-046
360-720-047
360-720-048
29277T00002\7472622.1 B-1