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HomeMy WebLinkAboutCity Council - 2020-33 RESOLUTION NO. 2020-33 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 (APNs: 195-111-03, 64) 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")formed 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, on April 1, 2019, the City Council adopted Resolution No. 2019-18 authorizing the release the special tax lien on APN 195-111-56 (formerly APN: 195-111-34); and WHEREAS, the City Council determines 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 releasing the special tax lien on APNs: 195-111-03, 64. 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. 20-8619/229059 RESOLUTION NO.2020-33 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 18th day of May, 2020. Mayor APPROVED AS TO FORM: Pf�"- �-) -, Lj—, City Attorney ITI TED AND OVED: y Manager 03003.07:J16040 3/14/19 -2- Batch 6556875 Confirmation Page 1 of 2 Recorded in Official Records,Orange County ' Hugh Nguyen,Clerk-Recorder II I I II II I II I III II I I �) II II NO FEE * $ R 0 0 1 1 7 1 8 5 0 4 $ 202000024661311:43 am 06/01/20 214 502A NO3 12 FORM OF NOTICE OF CESSATIc 0.00 0.00 0.00 0.00 33.00 0.00 0.000.000.00 0.00 fi � RECORDING REQUESTED BY: City Clerk,City of Huntington Beach 2000 Main Street Huntington Beach,CA 92648 l WHEN RECORDED RETURN TO: The Boeing Company c/o Boeing Planning&Real Estate 153 James S.McDonnell Blvd.,MC S221-1400 Hazelwood,MO 63042 1 Attention:Marc A.Poulin I AMENDED NOTICE OF CESSATION OF SPECIAL TAX Improvement Area B of the Thb urwnt issdMr for tiM offldd 1 City of Huntington Beach cky of m kx.ttqm fOKk Community Facilities District No.2002-1 • o*d-der G&mnv w Code (McDonnell Centre Business Park) Sw 27393 end>ehoWd bo rem ftw f of r WqL t The City of Huntington Beach (the"City"), County of Orange, State of California, with respect to i 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: i 3 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.2002-1 (McDonnell Centre Business Park)("Improvement Area B")pursuant to Resolution No.2002-26 adopted by the City Council j of the City on April 1,2002, 2. On April 1,2019,the City Council of the City,acting as the legislative body of the District, determined that special taxes shall cease to be levied oft property in Improvement Area B (APN: 195-111-56, 1 formerly 195-111-34) pursuant to Resolution No. 2019-18 entitled "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 i COMMUNITY FACILITIES DISTRICT NO.2002-1(MCDONNELL CENTRE BUSINESS PARK)"adopted by the City Council of the City,a copy of which is attached as Exhibit A hereto. 3. On April 10,2019,a Notice of Cessation of Special Tax—Improvement Area B of the City of jHuntington Beach Community Facilities District No.2002-1 (McDonnell Centre Business Park)was recorded 1 as document no.2019000114966 in the records of the County Recorder of Orange County,State of California i ;+ (the"Original Notice"),releasing the special tax lien on APN:195-111-56 within Improvement Area B. 4. On May 18,2020,City Council of the City adopted Resolution No.2020-33,determining that 1 special taxes shall cease to be levied against the remaining parcels in Improvement Area B. i 5. This Amended Notice of Cessation of Special Tax amends the Original Notice to include all of Sthe remaining parcels located within Improvement Area B upon which the special taxes shall cease to be levied. { 6. The obligation of all of the 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 1 z f 1 { https:Hgs.secure-recording.com/Batch/Confirmation/6556875 6/1/2020 RESOLUTION NO. 2020-33 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 c/o Boeing Planning&Real Estate 153 James S.McDonnell Blvd.,MC S221-1400 Hazelwood,MO 63042 Attention:Marc A.Poulin AMENDED 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. 2002-1 (McDonnell Centre Business Park)("Improvement Area B")pursuant to Resolution No.2002-26 adopted by the City Council of the City on April 1,2002. 2. On April 1, 2019, the City Council of the City, acting as the legislative body of the District, determined that special taxes shall cease to be levied on property in Improvement Area B (APN: 195-111-56, formerly 195-111-34) pursuant to Resolution No. 2019-18 entitled "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)"adopted by the City Council of the City, a copy of which is attached as Exhibit A hereto. 3. On April 10, 2019, 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) was recorded as document no. 2019000114966 in the records of the County Recorder of Orange County, State of California (the"Original Notice"), releasing the special tax lien on APN: 195-111-56 within Improvement Area B. 4. On May 18, 2020,City Council of the City adopted Resolution No. 2020-33, determining that special taxes shall cease to be levied against the remaining parcels in Improvement Area B. 5. This Amended Notice of Cessation of Special Tax amends the Original Notice to include all of the remaining parcels located within Improvement Area B upon which the special taxes shall cease to be levied. 6. The obligation of all of the 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 A-] RESOLUTION NO. 2020-33 in the records of the County Recorder of Orange County, State of California, is extinguished as to all of the Orange County Assessor's Parcels which are located in Improvement Area B. 7. 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 2 day of M ,2020. By: City Clerk, City of Huntington Beach CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 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. State of California ) County of 1'0A4A)6 E_ On ' "/dy Zc o2D)_& before me, [— Date Here Insert Name and Title of the Officer personally appeared R0,6,1,.) -n o LAk Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name( IQare- subscribed to the within instrument and acknowleVhe� to me that sh hey executed the same in her it authorized capacity(iet), and that by#}istheirsignature(,a')on the instrument the person(', or the entity upon behalf of which the person actxecuted 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. P.L.ESPARZA Notary Public-California Signature Orange County > Commission#2204197 Signature of Notary OMy P lic Comm.Expires Aug 4,20N Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑Corporate Officer — Title(s): ❑Corporate Officer — Title(s): ❑ Partner — ; Limited ..' General ❑ Partner — ❑ Limited LL General ❑ Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact ❑Trustee ❑Guardian or Conservator ❑Trustee L Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: - - - - _ - - - - - - - - - "`�- - - - - - - - - - - - - - - - - - = - =mac; ©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 RESOLUTION NO.2020-33 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 195-111-03, 64 c/o Boeing Planning& Real Estate (formerly known as 195-111- 153 James S. McDonnell Blvd. 03, 29, 34 [portion]) MC S221-1400 Hazelwood, Missouri 63042 Attention: Marc A. Poulin A-3 Res. No. 2020-33 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 May 18, 2020 by the following vote: AYES: Posey, Delgleize, Hardy, Semeta, Peterson, Carr, Brenden NOES: None ABSENT: None RECUSE: None QAIA- City C 11,W and ex-o 4 icio er c o the City Council of the City of Huntington Beach, California