RECORDING REQUESTED BY AND
AFTER RECORDATION RETURN TO:
CITY CLERK
CITY OF FULLERTON
303 West Commonwealth
Fullerton, California 92832
NOTICE OF SPECIAL TAX LIEN
CITY OF FULLERTON
COMMUNITY FACILITIES DISTRICT NO. 3
(THE PINES AT SUNRISE VILLAGE)
Pursuant to the requirements of Section 3114.5 of the California Streets and Highways Code of California and Section 53328.3 of the California Government Code, the undersigned City Clerk of the City of Fullerton, County of Orange, State of California, hereby gives notice that a lien to secure payment of a special tax is hereby imposed by the City Council of the City of Fullerton, County of Orange. The special tax secured by this lien is authorized to be levied for the purpose of paying principal and interest on bonds or other indebtedness, the proceeds of which are being used to finance the acquisition and construction of all or a portion of the public facilities described in Exhibit A attached hereto and hereby made a part hereof, to pay the cost of the public facilities described in Exhibit A, and to pay the cost of administering the CFD (defined below).
The special tax is authorized to be levied within the “City of Fullerton Community Facilities District No. 3 (The Pines at Sunrise Village)” (the “CFD”), which has now been officially formed and the lien of the special tax is a continuing lien which shall secure each levy of the special tax 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 tax ceases to be levied and a notice of cessation of special tax is recorded in accordance with Section 53330.5 of the California 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 hereby made a part hereof. Conditions under which the obligation to pay the special tax may be prepaid and permanently satisfied and the lien of such special tax canceled are as set forth in Exhibit B hereto.
Notice is further given that, upon the recording of this notice in the office of the County Recorder of the County of Orange, the obligation to pay the special tax levy shall become a lien upon all nonexempt real property within the CFD in accordance with Section 3115.5 of the Streets and Highways Code of California.
The name(s) of the owner(s) and the parcel(s) of the real property included within the area of the CFD and not exempt from the special tax are as set forth in Exhibit C attached hereto and hereby made a part hereof.
Reference is made to the boundary map of the CFD recorded in the Orange County Recorder’s Office on June 26, 2023, as Document No. 2023-000152252, in Book 109 of Maps of Assessment and Community Facilities Districts at Page 29, which is now the final boundary map of the CFD.
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 Director of Administrative Services, City of Fullerton, 303 West Commonwealth, Fullerton, California 92832; Telephone: (714) 738-6311.
Dated: As of _______________, 2023
By:
City Clerk,
City of Fullerton
EXHIBIT A
CITY OF FULLERTON
Community Facilities District No. 3
(The Pines at Sunrise Village)
DESCRIPTION OF AUTHORIZED FACILITIES
TO BE FINANCED BY THE CFD
The types of facilities (collectively, the “Facilities”) proposed to be financed by the City of Fullerton Community Facilities District No. 3 (The Pines at Sunrise Village) (the “CFD”) under the Mello-Roos Community Facilities Act of 1982, as amended (the “Act”) are as follows.
City Facilities. The following facilities shall have a useful life of five years or more, shall be owned and operated by the City, and shall be constructed, whether or not acquired in their completed states, pursuant to the plans and specifications approved by the City. • Rehabilitation and preservation of streets, curbs, gutters, landscaping, undergrounding of utilities, and related improvements • Park improvements included in the City’s park impact fee program • Sewer improvements, including the acquisition of sewer treatment capacity funded with sewer capacity contributions
The Facilities may be located within or outside the CFD boundaries.
The Facilities to be financed or funded shall include, without limitation, the following costs: earthwork related to the Facilities; appurtenances to and improvements related to the Facilities; acquiring rights-of-way (including any right-of-way intended to be dedicated by the recording of a final map); design, engineering and planning; any environmental review or environmental studies, traffic studies, surveys, geotechnical studies, soils testing, or other studies related to the Facilities; permits, plan check and inspection fees; insurance, legal and related overhead costs; project management, coordination and supervision; and any other costs or appurtenances related to any of the foregoing.
The CFD may also finance or fund, and the special taxes may also be used, to directly pay for the purchase, construction, expansion, improvement or rehabilitation of any of the Facilities, and to reimburse the City or any third parties for advances made to purchase, construct, expand, improve or rehabilitate any of the Facilities.
The Facilities listed in this Exhibit are representative of the types of improvements to be furnished by the CFD. Detailed scope and limits of specific Facilities will be determined as appropriate, consistent with the standards of the City. Addition, deletion or modification of descriptions of Facilities may be made consistent with the requirements of the City Council, the CFD and the Act.
Other Authorized Costs
The CFD may also finance or fund, and the special taxes may also be used for, all of the following:
1. To pay principal of, interest on, and any premium due with respect to, any bonds or other indebtedness issued or entered into by the City with respect to the CFD, and to pay lease payments or installment sale payments with respect to any of the Facilities.
2. To pay all expenses related to the issuance of bonds or other indebtedness by the City with respect to the CFD, including without limitation: underwriters discount; reserve fund; capitalized interest; fees, expenses and premium associated with any letter of credit or other credit enhancement; fees and expenses of bond counsel, disclosure counsel and City attorney; fees and expenses of the City’s municipal advisors, special tax consultants, appraisers, engineers, and other City consultants; and all other incidental expenses.
3. Administrative fees and expenses of the City and the bond trustee or fiscal agent related to the CFD and the Bonds, including without limitation the costs incurred to determine, levy and collect the special taxes, including compensation of City employees for administrative work performed in relation to the CFD, the fees of consultants and legal counsel, the costs of collecting installments of the special taxes upon the general tax rolls, preparation of required reports, and any other costs incurred in the administration of the CFD and the Bonds by the City.
4. Reimbursement of costs related to the formation of the CFD advanced by the City, the landowners in the CFD, or any party related to any of the foregoing, as well as reimbursement of any costs advanced by the City, the landowners in the CFD or any party related to any of the foregoing, for Facilities, fees or other purposes or costs of the CFD.
EXHIBIT B
CITY OF FULLERTON
Community Facilities District No. 3
(The Pines at Sunrise Village)
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
EXHIBIT C
CITY OF FULLERTON
Community Facilities District No. 3
(The Pines at Sunrise Village)
PARCELS AND OWNERS OF LAND
WITHIN COMMUNITY FACILITIES DISTRICT
Parcel
Name of Property Owner
Orange County Assessor’s Parcel Numbers:
287-241-04
287-241-07
Sunrise Village Owner, LLC,
a Delaware limited liability company
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EXHIBIT A
EXHIBIT B
EXHIBIT C
11002-46 JHHW:SRC:jeb 09/11/89