HomeMy WebLinkAboutReso 2019-137RESOLUTION NO. 2019-137
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, ACTING IN ITS CAPACITY AS THE
LEGISLATIVE BODY OF COMMUNITY FACILITIES
DISTRICT NO. 14M (EASTERN URBAN
CENTER/MILLENIA), AUTHORIZING THE RECORDING OF
A NOTICE OF CESSATION OF SPECIAL TAX LIEN FOR
CERTAIN PROPERTIES WITHIN SUCH COMMUNITY
FACILITIES DISTRICT
WHEREAS, the City Council of the City of Chula Vista, California (the “City Council”),
has previously formed Community Facilities District No. 14M (CFD No. 14M) (Eastern Urban
Center/Millenia) pursuant to the terms and provisions 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”) and the City of Chula Vista Community Facilities District Ordinance
enacted pursuant to the powers reserved by the City of Chula Vista under Sections 3, 5 and 7 of
Article XI of the Constitution of the State of California (the “Ordinance”) (the Act and the
Ordinance may be referred to collectively as the “Community Facilities District Law”); and
WHEREAS, under the rate and method of apportionment for CFD No. 14M, there was no
classification for detached condominium units and the City of Chula Vista (the “City”) formed
an overlay community facilities district, Community Facilities District No. 14M-2 (CFD No.
14M-2), in order to levy a special tax on such properties; and
WHEREAS, certain parcels of real property described in Exhibit A attached hereto (the
“Overlay Parcels”) are located within the boundaries of both CFD No. 14M and CFD No. 14M-
2; and
WHEREAS, in forming CFD No. 14M-2 the City Council intended that the Overlay
Parcels be subject to the levy of the special taxes only for CFD No. 14M-2 and that the special
taxes for CFD No. 14M shall cease to be levied on the Overlay Parcels; and
WHEREAS, pursuant to the requirements of Section 3114.5 of the California Streets and
Highways Code and Section 53328.3 of the Act, the City Clerk of the City previously caused to
be recorded in the records of the County Recorder for the County of San Diego, a separate
Notice of Special Tax Lien for CFD No. 14M and CFD No. 14M-2; and
WHEREAS, the City Council, acting as the legislative body of CFD No. 14M, desires to
cause to be recorded a Notice of Cessation of Special Tax Lien for CFD No. 14M, pursuant to
Section 53330.5 of the Act, to give notice that the obligation of the Overlay Parcels to pay the
special tax for CFD No. 14M has ceased and the lien imposed by the recordation of the Notice of
Special Tax Lien for CFD No. 14M, as it pertains to the Overlay Parcels has been extinguished.
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Resolution No. 2019-137
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NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
SECTION 1. Recitals. The above recitals are all true and correct.
SECTION 2. Determination. It is hereby determined by the City Council that the
special taxes shall cease to be levied on the Overlay Parcels with respect to CFD No. 14M.
SECTION 3. Notice of Cessation. The City Clerk, acting for and on behalf of CFD
No. 14M, is hereby ordered to cause a Notice of Cessation of Special Tax for CFD No. 14M to
be recorded in the office of the County Recorder of the County of San Diego pursuant to Section
53330.5 of the Act against the Overlay Parcels.
SECTION 4. Effective Date. This Resolution shall become effective immediately upon
its adoption.
[SIGNATURES ON THE FOLLOWING PAGE]
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Resolution No. 2019-137
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Presented by Approved as to form by
Kelly G. Broughton, FASLA Glen R. Googins
Director of Development Services City Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 23th day of July 2019 by the following vote:
AYES: Councilmembers: Diaz, Galvez, McCann, Padilla, and Casillas Salas
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
Mary Casillas Salas, Mayor
ATTEST:
Kerry K. Bigelow, MMC, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Kerry K. Bigelow, City Clerk of Chula Vista, California, do hereby certif y that the foregoing
Resolution No. 2019-137 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 23th day of July 2019.
Executed this 23th day of July 2019.
Kerry K. Bigelow, MMC, City Clerk
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Resolution No. 2019-137
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EXHIBIT A
DESCRIPTION OF OVERLAY PARCELS
The Overlay Parcels are identified by the following Assessor Parcel Numbers:
643-060-53-00
643-060-57-00
643-060-58-00
643-060-61-00
643-060-62-00
643-060-63-00
643-065-07-00
643-065-01-00
643-065-02-00
643-060-69-00
643-060-71-00
643-065-08-00
643-060-92-00
643-066-01-00
643-066-02-00
643-066-03-00
643-066-04-00
643-066-05-00
643-066-06-00
643-066-07-00
643-066-09-00
643-066-10-00
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