HomeMy WebLinkAboutCity Council - 2019-18 RESOLUTION NO. 2019-18
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
DIRECTING THE EXECUTION OF A NOTICE OF CESSATION OF SPECIAL TAX—
IMPROVEMENT AREA B OF THE CITY OF HUNTINGTON BEACH COMMUNITY
FACILITIES DISTRICT NO. 2002-1 (MCDONNELL CENTRE BUSINESS PARK)
WHEREAS, the City Council of the City of Huntington Beach(the "City") has conducted
proceedings under and pursuant to the provisions of Chapter 3.56 (commencing with Section
3.56.010) of the Municipal Code of the City of Huntington Beach (the "Code") and, as applicable
under the Code, the Mello-Roos Community Facilities Act of 1982, as amended (the "Act," and,
together with the Code, the "Law"), to form the City of Huntington Beach Community Facilities
District No. 2002-1 (McDonnell Centre Business Park) (the "District"), and, pursuant to
Resolution No. 2002-26 adopted by the City Council on April 1, 2002, the City designated a
portion of the District as Improvement Area B of the District("Improvement Area B"); and
WHEREAS, to date, the City has never levied special taxes for the District on property in
Improvement Area B, and
WHEREAS, the owner of all of the land within Improvement Area B has requested that
the City Council dissolve Improvement Area B by determining to cease levying special taxes (the
"Special Taxes") on property in Improvement Area B; and
WHEREAS, the City now desires to take the necessary actions to implement the request
of the landowner and to release the special tax lien imposed on property in Improvement Area B
to secure payment of the Special Taxes; and
WHEREAS, in order to release the special tax lien, it will be necessary for the City Clerk
to record a Notice of Cessation of Special Tax (the "Notice") in the Orange County Recorder's
Office, a copy of the form of which Notice is attached hereto as Exhibit A; and
WHEREAS, the City Council now desires to determine that the Special Taxes will never
be levied on property in Improvement Area B and to direct the execution and recordation by the
City Clerk of the Notice.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Huntington
Beach as follows:
SECTION 1. The City Council of the City of Huntington Beach, as the legislative body
for the District, hereby determines that the Special Tax never has been levied, and shall never be
levied, on property in Improvement Area B.
SECTION 2. The Notice, in the form attached hereto as Exhibit A, is hereby approved.
The City Clerk is hereby authorized and directed to execute the Notice and to record, or cause to
be recorded, the Notice in the Orange County Recorder's Office.
SECTION 3. This Resolution shall take effect immediately upon its adoption by the City
Council.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 1st day of April , 2019.
Mayor
APPROVED AS TO FORM:
it Attorney
INITI TED AND APPROVED:
C 1v an ger
03003.07:J 16040
3/14/19
-2-
EXHIBIT A
FORM OF NOTICE OF CESSATION OF SPECIAL TAX
RECORDING REQUESTED BY:
City Clerk,City of Huntington Beach
2000 Main Street
Huntington Beach,CA 92648
WHEN RECORDED RETURN TO:
The Boeing Company
do Boeing Planning&Real Estate
153 James S.McDonnell Blvd.,MC S221-1400
Hazelwood,MO 63042
Attention:Marc A.Poulin
NOTICE OF CESSATION OF SPECIAL TAX
Improvement Area B of the
City of Huntington Beach
Community Facilities District No.2002-1
(McDonnell Centre Business Park)
The City of Huntington Beach (the "City"), County of Orange, State of California, with respect to
Improvement Area B of the City of Huntington Beach Community Facilities District No. 2002-1 (McDonnell
Centre Business Park)(the"Improvement Area"),hereby gives notice that:
1. The City Council of the City has established the City of Huntington Beach Community Facilities
District No. 2002-1 (McDonnell Centre Business Park) (the "District") under the provision of Chapter 3.56
(commencing with Section 3.56.010)of the Municipal Code of the City of Huntington Beach(the"Code")and,
as applicable under the Code, the Mello-Roos Community Facilities Act of 1982, as amended, constituting
Sections 53311 et seq. of the California Government Code, and has designated a portion of the District as
Improvement Area B of the City of Huntington Beach Community Facilities District No. 2002-i (McDonnell
Centre Business Park)("Improvement Area B")pursuant to Resolution No.2002-26 adopted 5y the City Council
of the City on April 1,2002.
2. On April 1 , 2019,the City Council of the City, acting as the ;egislative body of the District,
adopted a Resolution determining that special taxes shall cease to be levied on property in Improvement Area
B.
3. The obligation of parcels in Improvement Area B to pay the special taxes has ceased and the lien
imposed by the Notice of Special Tax Lien recorded on June 18, 2002 as document no. 20020509641 in the
records of the County Recorder of Orange County, State of California, is extinguished as to the Orange County
Assessor's Parcels which are located in Improvement Area B, which parcels are identified in Attachment A
hereto.
4. The map of the boundaries of the District was recorded in Book 85 of Maps of Assessment and.
Community Facilities Districts at Pages 3-6(Instrument No.20020279386),in the office of the County Recorder
for the County of Orange, State of California.
Dated this 10th day of April ,2019.
By: a4w-
City Clerk,
City of Huntington Beach
A-1
A notary public or other officer completing this certificate verifies only the identity
of the individual who signed the document to which this certificate is attached, and
not the truthfulness, accuracy, or validity of that document.
ACKNOWLEDGMENT
STATE OF CALIFORNIA )
) ss
COUNTY OF ORANGE )
On April 10, 2019 before me, Donna M. Switzer, Notary Public, personally
appeared Robin Estanislau, who proved to me on the basis of satisfactory
evidence to be the person whose name is subscribed to the within instrument and
acknowledged to me that she executed the same in her authorized capacity, and
that by her signature on the instrument the person, or the entity upon behalf of
which the person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California
that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
ef4t.41s6/kii• (Seal)
(Notary Signature)
DONNA M SWITZER
ti5 � COMMISSION#2130243 0r
Notary Public-California 3
E ORANGE COUNTY
%� My Comm Expires Oct 15 2019
ATTACHMENT A
Improvement Area B of the City of Huntington Beach
Community Facilities District No. 2002-1
(McDonnell Centre Business Park)
Orange County Assessor's Parcel Numbers and
Owner of Land Within Improvement Area B
Orange County
Owner of Land Assessor's Parcel Nos.
The Boeing Company 195-111-56 (formerly
c/o Boeing Planning &Real Estate known as 195-111-34 [portion])
153 James S. McDonnell Blvd.
MC S221-1400
Hazelwood, Missouri 63042
Attention: Marc A. Poulin
A-2
c CNFORTIEO COPY ��
Hal compared
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•
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PROPOSED BOUNDARIES OF SHEET 1 OF 4
/-- . IMPROVEMENT AREAS A AND B OF
•
THE CITY OF HUN11NGT0N BEACH
GRAPHIC SCALE COMMUNITY FACILITIES DISTRICT NO. 2002 1
L• (McDONNELL CENTRE BUSINESS PARK), .
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COUNTY OF ORANGE, STATE OF CAUFORNIA. •
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37
Res. No. 2019-18
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, ROBIN ESTANISLAU, the duly elected, qualified City Clerk of the
City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do
hereby certify that the whole number of members of the City Council of the City of
Huntington Beach is seven; that the foregoing resolution was passed and adopted
by the affirmative vote of at least a majority of all the members of said City Council
at a Regular meeting thereof held on April 1, 2019 by the following vote:
AYES: Brenden, Carr, Semeta, Peterson, Posey, Delgleize, Hardy
NOES: None
ABSENT: None
RECUSE: None
t414141, e6/2tataitAd
City Clerk and ex-officio Clerk of the
City Council of the City of
Huntington Beach, California
PLEASE COMPLETE THIS INFORMATION
RECORDING REQUESTED BY: Recorded in Official Records,Orange County
City Clerk, City of Huntington Beach , Hugh Nguyen, Clerk-Recorder
2000 Main Street II I I III III III III IIIIII
III II NO FEE
Huntington Beach, CA 92648 * $ R p p 1 0 7 5 5 815 $ *
AND WHEN RECORDED MAIL TO: 2019000114966 2:31 pm 04110119
• Me Boeing Company; • 48 401 R28 8
c/o 'Boeing Planning & Real Estate • 0.00 0.00 0.00 0.00 21.00 0.00 0.000.000.00 0.00
153 James S. McDonnell Blvd. ,
MC S221-1400
Hazelwood, MO 63042
Attn: Marc.A. Poulin •
•
THIS SPACE FOR RECORDER'S USE ONLY
TITLE OF DOCUMENT:
Resolution No. 2019-18
A Resolution ofthe City Council of the City of Huntington Beach
Directing the Execution of a Notice of Cessation of Special Tax.
Improvement Area B of the City of Huntington Beach Community
Facilities District No. 2002-1 (MED6rinell Centre Business
Park) •
Recorded in Official Records, Orange County,„''
Hugh Nguyen, Clerk-Recorder
PLEASE COMPLETE THIS INFORMATION -...
111111111111111111111 III 'II3000
RECORDING REQUESTED BY: * $ R 0 0 1 0 7 5 5 8 1 5 $ *
2019000114966 2:31 pm 04110119
City Clerk, City of Huntington Beach . 48 401 R28 8
2000 Main Street 0.00 0.00 0.00 0.00 21.00 0.00 0.000.000.00 3.00
Huntington Beach, CA 92648
AND WHEN RECORDED MAIL TO:
The Boeing Company
c/o Boeing Planning & Real Estate
153 James S. McDonnell Blvd. ,
MC S221-1400
Hazelwood, MO 63042
Attn: Marc.A. Poulin
THIS SPACE FOR RECORDER'S/USE ONLY
TITLE OF DOCUMENT: •
Resolution No. 2019-18
A Resolution of the City Council of the City of/Huntington Beach
Directing the Execution of a Notice of Cessation of Special Tax-
Improvement Area B of the City of Huntington/Beach Community
Facilities District No. 2002-1 (McDonnell /Centre Business
Park)
//
y�This document is solely for the official
business of the City of Huntington Bach,
as contampintsd under Government Code
Sec.27383 end should be recorded free
of charge.
THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
fddditinnal recnrdinn fa_a annllat1