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Recording Requested by and Benefiting
the City of San Leandro, a Government Entity –
No Fee Required per Government Code 27383
Kelly B. Clancy
Acting City Clerk
City of San Leandro
835 East 14th Street
San Leandro, CA 94577
Tel: 510-577-3327
SPACE ABOVE THIS LINE FOR RECORDER’S USE
NOTICE OF SPECIAL TAX LIEN
CITY OF SAN LEANDRO
COMMUNITY FACILITIES DISTRICT NO. 2022-1
(MONARCH BAY SHORELINE FACILITIES & SERVICES)
Pursuant to the requirements of section 3114.5 of the Streets and Highways Code and section 53328.3 of the Government Code, a part of the “Mello-Roos Community Facilities Act of 1982,” being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the “Act”), the undersigned City Clerk of the City of San Leandro (the “City”), hereby gives notice that a lien to secure payment of a special tax is hereby imposed by the City Council of the City upon real property subject to the special tax (consisting of both fee title and leasehold or possessory interests) in the parcels listed in Exhibit A attached hereto. The special tax secured by this lien is authorized to be levied for the purpose of paying for the acquisition and construction of public facilities, including through the financing of governmentally imposed development impact fees used to finance public facilities, described in Exhibit B attached hereto (collectively, the “Facilities”) including paying principal and interest on debt, as that term is defined in the Act, the proceeds of which are used to finance some or all of the cost and expense of the Facilities, and the public services described in Exhibit C attached hereto (the “Services”).
The special tax is authorized to be levied on real property subject to the special tax within the City of San Leandro Community Facilities District No. 2022-1 (Monarch Bay Shoreline Facilities & Services) (the “CFD”), which has been officially formed, and the lien of the special tax is a continuing lien that shall secure each annual levy of the special tax and that shall continue in force and effect until the special tax obligation is 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 Government Code.
The rate, method of apportionment, and manner of collection of the special tax is shown on Exhibit D attached hereto. The special tax may not be prepaid.
Notice is further given that upon the recording of this notice in the office of the Alameda County Auditor-Controller/Clerk-Recorder, the obligation to pay the special tax levy shall become a lien upon all real property subject to the special tax within the CFD in accordance with section 3115.5 of the Streets and Highways Code. The real property subject to the lien of the special tax consists of fee title and leasehold or possessory interests in land currently owned by DRAFT
2 the City of San Leandro, which is anticipated to be sold and/or leased pursuant to long-term lease arrangements to private parties, as contemplated by sections 53317(f), 53326(b) and 53340.1 of the Act. The real property not exempt from the special tax will be in the parcels listed in Exhibit A, which lists the name(s) of the owner(s) and the assessor’s tax parcel number(s) of such parcels.
Reference is made to the Boundary Map of the CFD (the “Boundary Map”), recorded on August 26, 2022, in Book 19 of Maps of Assessment and Community Facilities Districts, at Page 40, and as Instrument No. 2022148861, in the office of the Alameda County Clerk/Recorder, which, which map is now the final boundary map of the CFD.
For further information concerning the current and estimated future special tax liability of leaseholders, owners or purchasers of real property within the CFD, interested persons should contact the Finance Director of the City, 835 East 14th Street, San Leandro, California 94577, telephone (510) 577-3330.
DATED: September 6th, 2022
Kelly B. Clancy
Acting City Clerk of the City of San Leandro
Exhibit A – Assessor’s Parcel Number(s) and Owner(s) of Land within the CFD Exhibit B – List of Authorized Facilities
Exhibit C – List of Authorized Services
Exhibit D – Rate and Method of Apportionment of Special Tax DRAFT
A-1
EXHIBIT A
CITY OF SAN LEANDRO
COMMUNITY FACILITIES DISTRICT NO. 2022-1
(MONARCH BAY SHORELINE FACILITIES & SERVICES)
ASSESSOR’S PARCEL NUMBERS AND OWNER(S) OF LAND
WITHIN THE CFD
Assessor’s Parcel Nos.
079A-0590-001-05
079A-0590-001-07
079A-0590-001-08
079A-0590-002-00
079A-0590-003-00
079A-0590-004-00
079A-0590-005-00
079A-0590-006-00
079A-0475-009-04
080G-0900-004-01
080G-0900-001-08
Names of Property Owners
City of San Leandro
City of San Leandro
City of San Leandro
City of San Leandro
City of San Leandro
City of San Leandro
City of San Leandro
City of San Leandro
City of San Leandro
City of San Leandro
City of San Leandro
Note: Upon the recordation of this notice in the Office of the Alameda County AuditorController/Clerk-Recorder, the obligation to pay the special tax shall become a lien on all nonexempt real property within the CFD in accordance with Section 3115.5 of the Streets and Highways Code of California. The non-exempt real property consists of fee title and leasehold or possessory interests in the listed parcels, as described in the Rate and Method of Apportionment.
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B-1
EXHIBIT B
CITY OF SAN LEANDRO
COMMUNITY FACILITIES DISTRICT NO. 2022-1
(MONARCH BAY SHORELINE FACILITIES & SERVICES)
LIST OF AUTHORIZED FACILITIES
In accordance with Section 53313.5 of the Mello-Roos Community Facilities Act of 1982, as amended (the “Act”), the community facilities district (the “CFD”) is authorized to finance the purchase, construction, expansion, improvement, or rehabilitation of any real or other tangible property with an estimated useful life of five years or longer, together with the planning and design work that is directly related to the purchase, construction, expansion, or rehabilitation of any real or tangible property (collectively, the “Facilities”), including, but not be limited to, transportation facilities, water, sewer and storm drain facilities, sea walls and sea-level-rise facilities, parks, parkways, trails, paths, and open space.
The Facilities include all direct and incidental costs related to providing the Facilities, including, but not limited to, bond issuance costs, reserve fund costs, and all other incidental costs related thereto. The Facilities may be constructed and installed by the City and/or acquired by the City from private parties that construct the Facilities.
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C-1
EXHIBIT C
CITY OF SAN LEANDRO
COMMUNITY FACILITIES DISTRICT NO. 2022-1
(MONARCH BAY SHORELINE FACILITIES & SERVICES)
LIST OF AUTHORIZED SERVICES
The CFD is authorized to finance any and all of the services authorized under Section 53313 of the Act (collectively, the “Services”), including, but not be limited to, operations, maintenance and lighting of transportation facilities, water, sewer and storm drain facilities, sea walls and sea-level-rise facilities, parks, parkways, trails, paths, and open space. By way of example and not limitation, the CFD may fund any of the following related to the Services:
furnishing, operating and maintaining equipment, apparatus or facilities related to providing the services and/ or equipment, apparatus, facilities or fixtures in areas to be maintained, paying the salaries and benefits of personnel necessary or convenient to provide the Services, payment of insurance costs and other related expenses and the provision of reserves for repairs and replacements and for the future provision of Services. It is expected that the Services will be provided by the City, either with its own employees or by contract with third parties, or any combination thereof.
The Services also include, but are not limited to, the direct and indirect expenses incurred by the City in carrying out its duties with respect to 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 of Alameda related to the CFD or the collection of special taxes, an allocable share of the salaries of the City staff directly related thereto and a proportionate amount of the City’s general administrative overhead related thereto, any amounts paid by the City from its general fund with respect to the CFD or the services authorized to be funded by the CFD, and expenses incurred by the City in undertaking action related to properties for which the payment of special taxes is delinquent, and all other costs and expenses of the City in any way related to the CFD. In addition to the administrative expenses identified above, the CFD may finance the payment or reimbursement to the City of all costs associated with the establishment and administration of the CFD.
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D-1
EXHIBIT D
CITY OF SAN LEANDRO
COMMUNITY FACILITIES DISTRICT NO. 2022-1
(MONARCH BAY SHORELINE FACILITIES & SERVICES)
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
Attached.