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RESOLUTION NO. 2021-10
A RESOLUTION OF FORMATION OF THE CITY COUNCIL OF THE CITY
OF PALM DESERT TO ESTABLISH CITY OF PALM DESERT
COMMUNITY FACILITIES DISTRICT NO. 2021-1 (UNIVERSITY PARK),
TO MAKE FINDINGS UNDER THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT WITH RESPECT THERETO, TO ESTABLISH AN
APPROPRIATIONS LIMIT THEREFOR, TO AUTHORIZE THE LEVY OF
A SPECIAL TAX THEREIN, AND TO SUBMIT THE ESTABLISHMENT OF
AN APPROPRIATIONS LIMIT AND THE LEVY OF A SPECIAL TAX TO
THE QUALIFIED ELECTORS THEREOF
RECITALS:
WHEREAS, in accordance with a request set forth in a petition signed by
University Park Investor, LLC, the owner of certain of the land (the "Petitioning
Landowner") proposed for inclusion in a proposed community facilities district, the City
Council (the "City Council") of the City of Palm Desert, California (the "City"), has
previously adopted its Resolution No. 2021-05, entitled "A Resolution of Intention of the
City Council of the City. of Palm Desert to Establish City of Palm Desert Community
Facilities District No. 2021-1 (University Park) and to Authorize the Levy of a Special Tax
within City of Palm Desert Community Facilities District No. 2021-1 (University Park)" (the
"Resolution of Intention to Establish District") stating its intention to conduct proceedings
to form City of Palm Desert Community Facilities District No. 2021-1 (University Park)
(the "District"), pursuant to the Mello -Roos Community Facilities Act of 1982, as amended,
commencing with Section 53311 of the California Government Code (the "Act") to finance
certain public facilities necessary to meet the increased demands placed upon the public
infrastructure, the City, and the Coachella Valley Water District as a result of the
development of the property within the boundaries of the District, including development
impact fees therefor, and to pay and defease a pro rata portion of outstanding Series
2006A Special Tax Bonds (the "CFD 2005-1 Bonds") issued by, and secured by the
special taxes of, existing City of Palm Desert Community Facilities District No. 2005-1
(University Park) ("CFD 2005-1") and refinance the facilities previously financed thereby,
all as more specifically described on Exhibit "A" hereto (collectively, the "Facilities"); and
WHEREAS, a copy of the Resolution of Intention to Establish District setting
forth a description of the proposed boundaries of the District, the Facilities to be financed
by the District, including incidental expenses, and the rate and method of apportionment
of the special tax proposed to be levied within the District is on file in the office of the City
Clerk of the City and is incorporated herein by reference; and
WHEREAS, the City Council has previously adopted its Resolution No.
2021-06, entitled "A Resolution of Intention of the City Council of the City of Palm Desert
to Incur Bonded Indebtedness Within Proposed City of Palm Desert Community Facilities
District No. 2021-1 (University Park)" (the "Resolution of Intention to Incur Bonded
Indebtedness") stating the City Council's intention, acting as the legislative body of the
District, to authorize the issuance and sale of one or more series of bonds for the District
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RESOLUTION NO. 2021-10
in maximum aggregate principal amount of $50,000,000 to finance the cost of Facilities;
and
WHEREAS, the Resolution of Intention to Establish District and Resolution
of Intention to Incur Bonded Indebtedness set April 22, 2021 as the date of a public
hearing on the establishment of the District, the extent of the District, the furnishing of
Facilities to meet increased demands on infrastructure as a result of development in the
District, the proposed rate and method of apportionment of the special tax within the
District, and the proposed debt issue; and
WHEREAS, a notice of the public hearing was published and was mailed to
all landowners proposed to be included in the District pursuant to the Act; and
WHEREAS, prior to the date of the public hearing there was filed with the
City Council a report containing a description of the facilities necessary to adequately
meet the needs of the District and an estimate of the cost of financing such facilities as
required by Section 53321.5 of the Act (the "Report"); and
WHEREAS, at the public hearing, all persons desiring to be heard on all
matters pertaining to the establishment of the District, the extent of the District, the
furnishing of Facilities to meet increased demands on infrastructure as a result of
development in the District, the proposed rate and method of apportionment of the special
tax, and the proposed debt issue were heard and a full and fair hearing was held; and
WHEREAS, at the public hearing, evidence was presented to the City
Council on the matters before it, and the City Council at the conclusion of the hearing is
fully advised as to all matters relating to the formation of the District, the levy of the special
tax, and the incurrence of bonded indebtedness therein; and
WHEREAS, written protests with respect to the establishment of the District,
the extent of the District, and the furnishing of Facilities to meet increased demands on
infrastructure as a result of development in the District have not been filed with the City
Clerk by fifty percent or more of any registered voters residing within the territory of the
District or property owners of one-half or more of the area of land within the District and
not exempt from the levy of the special tax; and
WHEREAS, the special tax proposed to be levied in the District to pay for
the costs of the Facilities has not been eliminated by protest by fifty percent or more of
any registered voters residing within the territory of the District or property owners of one-
half or more of the area of land within the District and not exempt from the levy of the
special tax; and
WHEREAS, on November 20, 2018, the Planning Commission of the City
adopted Resolution No. 2745, which approved Tentative Tract Map 37506 and Precise
Plan 18-0005 for the Petitioning Landowner's proposed development project (the
"Project"), consisting of development of a residential subdivision on the property within
the District, and which contemplated and requires construction of the necessary public
facilities including the Facilities described in Exhibit "A", attached hereto and incorporated
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RESOLUTION NO. 2021-10
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herein by this reference. In connection with approval of the Project, the City, pursuant to
the provisions of the California Environmental Quality Act (Public Resources Code
Sections 21000, et seq., and the State of California CEQA Guidelines, 14 Cal. Code Regs.
15000 et seq.; collectively "CEQA"), (i) determined that all impacts associated with the
Project had been disclosed and analyzed in the adopted Environmental Impact Report
[State Clearinghouse No. 2015081020] (the "EIR") for the City's General Plan Update and
University Neighborhood Specific Plan, which was certified by the City Council on
November 10, 2016; (ii) determined that no new impacts had been identified by the
Project; (iii) adopted an addendum to the EIR (the "Addendum"); and (iv) incorporated all
mitigation measures with Project -specific updates into the conditions of approval for the
Project, in order to mitigate potential environmental impacts associated with development
of the Project to Tess than significant levels. No challenges were brought either to the EIR
or to the Addendum, both of which are now final and beyond challenge; and
WHEREAS, the City Council desires to proceed with the establishment of
the District and to make the necessary findings to incur the bonded indebtedness.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM
DESERT DOES HEREBY RESOLVE, FIND, DECLARE AND ORDER AS FOLLOWS:
Section 1. Recitals. The above recitals are all true and correct.
Section 2. Finding of Validity. Pursuant to Section 53325.1(b) of the Act,
the City Council finds and determines that all of the proceedings prior hereto were valid
and taken in conformity with the requirements of the law, and specifically the provisions
of the Act.
Section 3. Name of District. The City Council hereby establishes and
declares the formation of a community facilities district pursuant to the Act to be
designated "City of Palm Desert Community Facilities District No. 2021-1 (University
Park)."
Section 4. Boundaries of District. The exterior boundaries of the District
are shown on the map entitled "Map of Proposed Boundaries, Community Facilities
District No. 2021-1 (University Park), City of Palm Desert, County of Riverside, State of
California" (the "Map") and recorded in the Riverside County Recorder's office in Book
86, Page 54, of Maps of Assessment and Community Facilities Districts. The Map is
hereby approved and incorporated herein by reference.
Section 5. Facilities. The type of Facilities proposed to be financed, or
refinanced, under the Act shall consist of those facilities set forth on Exhibit "A" and
incorporated herein by reference; provided, the inclusion of Facilities to be owned by the
Coachella Valley Water District (which include development impact fees therefor, as
described on Exhibit "A") shall be subject to and conditioned upon the approval by the
Board of the Coachella Valley Water District and the City Council of a joint community
facilities agreement pursuant to Section 53316.2 of the Act prior to the adoption by the
City Council of a resolution authorizing issuance of bonds by the District pursuant to
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RESOLUTION NO. 2021-10
Section 53356 of the Act, and the execution of such joint community facilities agreement
by the Coachella Valley Water District and the City. The City Council hereby finds that
the proposed Facilities, including development impact fees therefor, are necessary to
meet increased demands placed upon the public infrastructure, the City, and the
Coachella Valley Water District as a result of development occurring in the District. The
City Council additionally finds that the adjustments to the descriptions of the facilities from
the Resolution of Intention to Establish District (a) are merely for clarification purposes,
(b) do not add any types of facilities that were not specified in the Resolution of Intention
to Establish District, and (c) do not constitute a change in the types of authorized public
facilities to be financed by the District.
Section 6. CEQA Findings. To the extent that the Special Tax (as
defined in Section 8) levied by the District, or proceeds of bonded indebtedness issued
the District, are used to finance the Facilities described in Exhibit "A", attached hereto and
incorporated herein by this reference, the City Council adopts and incorporates the
findings set forth in the recitals pertaining to CEQA above, and further finds that formation
of the District (the "District Formation"), including but not limited to authorizing the levy of
the Special Tax and the issuance of bonded indebtedness by the District, does not
constitute a project under CEQA pursuant to 14 Cal. Code Regs. Sections 15378(b)(4)
and 15378(b)(5), because it constitutes the creation of a government funding mechanism
with respect to the Project, for which mitigation measures have already been imposed by
the EIR and the Addendum to mitigate to less than significant levels potentially significant
physical impacts on the environment associated with development of the Project. In
addition, the District Formation does not constitute a project under CEQA, because it is
an implementation action taken in furtherance of the University Neighborhood Specific
Plan and therefore does not constitute a project as defined in Public Resources Code
Section 21065 and 14 Cal. Code Regs. Section 15378(a). To the extent that the District
Formation does constitute a project under CEQA, it is nonetheless exempt from
environmental review pursuant to Government Code Section 65457 as an action
undertaken to implement residential development under the University Neighborhood
Specific Plan where there are no changed circumstances requiring further environmental
review as set forth in Public Resources Code Section 21166; and pursuant to 14 Cal.
Code Regs. Section 15061(b)(3) (common sense exemption). Staff is hereby directed to
file a Notice of Exemption with the Riverside County Clerk within five (5) days of the
adoption of this Resolution pursuant to 14 Cal. Code Regs. Section 15062.
Section 7. No Maioritv Protest. The City Council hereby finds that written
protests against the establishment of the District, against the furnishing of a specified type
of facility to meet increased demands. on infrastructure as a result of development in the
District, or against the levying of a specified special tax within the District have not been
filed by any property owner or registered voter within the boundaries of the District.
Therefore, the City Council finds and declares that the special tax to be levied in the
District has not been precluded by majority protest pursuant to Section 53324 of the Act.
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RESOLUTION NO. 2021-10
Section 8. Special Tax.
(a) Except where funds are otherwise available to pay for the Facilities
(including without limitation the payment and defeasance of a pro rata portion of
outstanding CFD 2005-1 Bonds to refinance those facilities previously financed by CFD
2005-1) and/or the principal and interest as it becomes due on bonds of the District issued
to finance the Facilities, a special tax (the "Special Tax") is hereby authorized, subject to
approval by two-thirds of the votes cast within the District, to be levied annually in
accordance with the procedures of the Act within the boundaries of the District sufficient
to pay for the costs thereof, including incidental expenses. The Special Tax will be
secured by recordation of a continuing lien against all non-exempt real property in the
District and will be collected in the same manner as ordinary ad valorem property taxes
are collected, or in such other manner as may be provided by the City Council including,
without limitation, direct billing of the affected property owner, and shall be subject to the
same penalties, procedure, sale and lien priority in case of delinquency as applicable for
ad valorem property taxes. In the first year in which the Special Tax is levied, the levy
shall include a sum sufficient to repay to the City all amounts, if any, transferred to the
District pursuant to Section 53314 of the Act and interest thereon.
(b) The proposed rate and method of apportionment of the Special Tax
among parcels of real property in the District, in sufficient detail to allow each resident or
landowner to estimate the maximum amount such resident or owner will have to pay, is
shown in Exhibit "B", attached hereto and incorporated herein by reference (the "Rate
and Method"). The City Council additionally finds that the adjustments to the Rate and
Method (a) are merely for clarification purposes, (b) does not increase the probable
Special Tax to be paid by the owner of any lot or parcel in the District, and (c) does not
increase the maximum special tax for any lot or parcel in the District.
(c) In the case of any Special Tax to pay for the Facilities to be levied
against any parcel used for private residential purposes: (i) the maximum Special Tax
shall be specified as a dollar amount which shall be calculated and thereby established
not later than the date on which the parcel is first subject to the tax because of its use for
private residential purposes and which amount shall not be increased over time over two
percent (2%) per year; (ii) the tax year after which no further Special Tax subject to this
sentence shall be levied or collected shall be as set forth in Exhibit "B" hereto; and (iii)
under no circumstances will the Special Tax levied against any parcel subject to this
sentence be increased as a consequence of delinquency or default by the owner of any
other parcel within the District by more than ten percent (10%). For the purposes hereof,
a parcel is used for "private residential purposes" not later than the date on which an
occupancy permit for private residential use is issued.
Section 9. Notice of Special Tax Lien. Upon recordation of a notice of
special tax lien with respect to the District pursuant to Section 3114.5 of the California
Streets and Highways Code, a continuing lien to secure each levy of the Special Tax shall
attach to all nonexempt real property in the District, and this lien shall continue in force
and effect until collection of the Special Tax by the City Council ceases.
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RESOLUTION NO. 2021-10
Section 10. Appropriations Limit. An appropriations limit for the District is
hereby established, subject to voter approval, as an amount equal to all the proceeds of
the Special Tax collected annually within such District and as defined by Article XIIIB of
the California Constitution, as adjusted for changes in the cost of living and changes in
population.
Section 11. Preparation of Annual Roll. The then current Finance
Director, 73-510 Fred Waring Drive, Palm Desert California 92260, telephone number
(760) 346-0611, is designated to be responsible for preparing annually, or authorizing a
designee to prepare, a current roll of Special Tax levy obligations by assessor's parcel
number and for estimating future Special Tax levies pursuant to Section 53340.2 of the
Act.
Section 12. Report. The Report is hereby approved, made a part of the
record of the public hearing regarding the formation of the District, and ordered to be kept
on file in the office of the City Clerk and open for public inspection.
Section 13. Special Tax Accountability Measures. Pursuant to and in
compliance with the provisions of Government Code Section 50075.1, the City Council
hereby establishes the following accountability measures pertaining to the levy by the
District of the Special Tax described in Section 8 above:
(a) Such Special Tax shall be levied for the specific purposes set forth
in Section 8(a) hereof.
(b) The proceeds of the levy of such Special Tax shall be applied only
to the specific purposes set forth in Section 8(a) hereof.
(c) The District shall establish an account or accounts into which the
proceeds of such Special Tax shall be deposited.
(d) The City Manager, or his or her designee, acting for and on behalf of
the District, shall annually file a report with the City Council as required pursuant to
Government Code Section 50075.3.
Section 14. Election. The proposition related to the incurring of the
bonded indebtedness and the proposition relating to the levy of the Special Tax shall be
combined into one ballot proposition, and shall be submitted to the qualified voters of the
District, together with a proposition to establish an appropriations limit for the District. The
election shall be held on May 13, 2021, in the City Council Chamber, 73-510 Fred Waring
Drive, Palm Desert, California 92260. Pursuant to Section 53327 of the Act, the election
shall be conducted by mail ballot in accordance with the California Elections Code and
the voted ballots shall be returned to the City Clerk immediately following adoption of a
resolution calling the special election. The election shall be closed when the qualified
electors have voted, but not later than 8 p.m. on May 13, 2021.
Section 15. Effective Date. This Resolution shall take effect immediately
upon adoption.
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RESOLUTION NO. 2021-10
C
PASSED, APPROVED and ADOPTED by the City Council of the City of
Palm Desert, California, on this 22nd day of April, 2021, by the following vote, to wit:
AYES: HARNIK, JONATHAN, NESTANDE, QUINTANILLA, KELLY
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
f
�Q1
KATHLE KELLY, MR
M. GL IA�SkN `HEZ,;�CITY CLERK
CITY O P LM DESER? C LIFORNIA
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EXHIBIT "A"
DESCRIPTION OF FACILITIES
The public facilities (the "Facilities") described below are proposed to be financed
by City of Palm Desert Community Facilities District No. 2021-1 (University Park) (the
"District') and include storm drainage facilities, street improvements, landscaping and
irrigation facilities, public open space and recreational facilities, water facilities, and sewer
improvements, together with all appurtenances and appurtenant work, such as related
clearing and grubbing, grading, and any removal or temporary signage or markings
related thereto. The cost of the Facilities shall include incidental expenses, including
costs associated with forming the District, issuance of bonds, determination of the amount
of the Special Tax, collection of the Special Tax, payment of the Special Tax, costs
incurred in order to carry out the authorized purposes of the District, and the costs of
engineering, inspecting, coordinating, completing, planning and designing the Facilities,
including the costs of environmental evaluations.
Any of the Facilities to be constructed shall be constructed, whether or not acquired
in their completed states, pursuant to plans and specifications approved by the City of
Palm Desert (or the Coachella Valley Water District, as applicable) and the officials
thereof, including the City Engineer. In addition, inasmuch as the District is proposed to
pay and defease a pro rata portion of outstanding Series 2006A Special Tax Bonds (the
"CFD 2005-1 Bonds") issued by, and secured by the special taxes of, existing City of
Palm Desert Community Facilities District No. 2005-1 (University Park), the Facilities
include such payment and defeasance of CFD 2005-1 Bonds and the resultant
refinancing of the facilities previously financed thereby (including, but not limited to, street
improvements, water improvements, traffic signals, sewer improvements, storm drain
improvements, utilities improvements, park improvement and park site land acquisition,
and landscaping).
The Facilities are necessary to meet the increased demands placed upon the
public infrastructure, the City of Palm Desert, and the Coachella Valley Water District as
a result of the development of the property within the boundaries of the District, including
development impact fees therefor (including, but not limited to, City of Palm Desert
development impact fees for traffic signals, drainage, parks, Art in Public Places, and fire
facilities, and Coachella Valley Water District development impact fees for water and
sewer facilities). The final nature and location of the Facilities will be determined upon
the preparation of final plans and specifications for such Facilities.
A-1
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RESOLUTION NO. 2021-10
EXHIBIT "B"
RATE AND METHOD OF APPORTIONMENT FOR
CITY OF PALM DESERT COMMUNITY FACILITIES DISTRICT NO. 2021-1
(UNIVERSITY PARK)
[see attached]
B-1
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4ESOLU. ON NO% 2021-10
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Exhibit "B"
RESOLUTION NO. 2021-10
RATE AND METHOD OF
APPORTIONMENT OF SPECIAL TAX
For the City of Palm Desert Community Facilities District No. 2021-1
(University Park), County of Riverside, State of California
A Special Tax shall be levied on all Taxable Property within the boundaries of the City of Palm Desert
Community Facilities District No. 2021-1 (University Park) ("CFD No. 2021-1") and collected each Fiscal
Year commencing in Fiscal Year 2021-22, in an amount determined by the CFD Administrator through the
application of the procedures described below. All of the real property within CFD No. 2021-1, unless
exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent, and in the
manner herein provided.
A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
"Acre" or "Acreage" means the land area of an Assessor's Parcel as shown on an Assessor's Parcel Map,
or if the land area is not shown on an Assessor's Parcel Map, the land area shown on the applicable Final
Map. An Acre means 43,560 square feet of land.
"Act" means the Mello -Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 of Part 1
of Division 2 of Title 5 of the Government Code of the State of California.
"Administrative Expenses" means the actual or reasonably estimated costs related to the administration
of CFD No. 2021-1 including, but not limited to: the costs of preparing and computing the Special Tax
(whether by the City or designee thereof or both); the costs of collecting the Special Taxes (whether by
the City, the County or otherwise); the costs of remitting the Special Taxes to the Trustee; the costs of the
Trustee (including its legal counsel) in the discharge of the duties required of it under the Indenture; the
costs to the City, CFD No. 2021-1, or any designee thereof complying with arbitrage rebate requirements,
including without limitation rebate liability costs and periodic rebate calculations; the costs to the City,
CFD No. 2021-1, or any designee thereof complying with disclosure or reporting requirements of the City
or CFD No. 2021-1, associated with applicable federal and State laws; the costs associated with preparing
Special Tax disclosure statements and responding to public inquiries regarding the Special Taxes; the costs
to the City, CFD No. 2021-1, or any designee thereof related to an appeal of the Special Tax; and the City's
annual administration fees and third party expenses. Administrative Expenses shall also include amounts
estimated or advanced by the City or CFD No. 2021-1 for any other administrative purposes of CFD No.
2021-1, including but not limited to attorney's fees and other costs related to commencing and pursuing
any foreclosure of delinquent Special Taxes.
"Annual Special Tax" means the Special Tax actually levied in any Fiscal Year on any Assessor's Parcel.
"Apartment Property" means an Assessor's Parcel of Developed Property on which all or any portion of
a structure or structures with multiple Apartment Units are located, and such Apartment Units are offered
for rent and are not available for sale to individual owners. If Apartment Property is subsequently
reclassified as Single Family Property, Special Taxes levied on such reclassified Assessor's Parcels shall be
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RESOLUTION NO. 2021-10
modified to match those of Single Family Property, provided that the Building Square Footage of such
Single Family Property can be determined by the CFD Administrator. Otherwise, the property will continue
to be classified as Apartment Property.
"Apartment Unit" means one (1) for -rent residential unit on Apartment Property.
"Approved Property" means all Assessor's Parcels of Taxable Property: (i) that are included in a Final Map
that was recorded prior to the January 1st preceding the Fiscal Year in which the Special Tax is being
levied, and (ii) that have not been issued a Building Permit on or prior to the May 1st preceding the Fiscal
Year in which the Special Tax is being levied.
"Assessor" means the Assessor of the County of Riverside.
"Assessor's Parcel" means a lot or parcel shown on an Assessor's Parcel Map with an assigned Assessor's
Parcel Number.
"Assessor's Parcel Map" means an official map of the Assessor designating parcels by Assessor's Parcel
Number.
"Assessor's Parcel Number" means the number assigned to an Assessor's Parcel by the County for
purposes of identification.
"Assigned Special Tax" means the Special Tax of that name described in Section C.1 below.
"Backup Special Tax" means the Special Tax of that name described in Section C.2 below.
"Bonds" means any bonds or other Debt of CFD No. 2021-1, whether in one or more series, secured by
the levy of Special Taxes.
"Building Permit" means a building permit for construction of a Residential Unit within CFD No. 2021-1
issued by the City.
"Building Square Footage" means all of the square footage of usable area within the perimeter of a
residential structure or dwelling unit, as applicable, not including any carport, walkway, garage, overhang,
or similar area. The determination of Building Square Footage shall be made by reference to the Building
Permit(s) issued for such Assessor's Parcel and/or by reference to appropriate records kept by the City.
"Calendar Year" means the period commencing January 1st of any year and ending the following
December 31.
"CFD Administrator" means an authorized representative of the City, or designee thereof, responsible for
determining the Special Tax Requirement, for preparing the Special Tax roll and/or calculating the Backup
Special Tax.
"CFD No. 2021-1" means the City of Palm Desert Community Facilities District No. 2021-1 (University
Park).
"City" means the City of Palm Desert, California.
"Council" means the City Council of the City acting as the legislative body of CFD No. 2021-1 under the
Act.
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"County' means the County of Riverside, California.
"Debt" means any binding obligation to pay or repay a sum of money, including obligations in the form of
bonds, certificates of participation, long-term leases, loans from government agencies, or loans from
banks, other financial institutions, private businesses, or individuals, or long-term contracts.
"Debt Service" means for each Fiscal Year, the total amount of principal and interest payable on any
Outstanding Bonds during the Calendar Year commencing on January 1st of such Fiscal Year.
"Developed Property" means for each Fiscal Year, all Taxable Property, exclusive of Provisional Property,
for which a Building Permit was issued prior to May 1st of the previous Fiscal Year. An Assessor's Parcel
classified as Developed Property but for which the Building Permit that caused such Assessor's Parcel to
be classified as Developed Property has been cancelled and/or voided prior to the Fiscal Year for which
Special Taxes are being levied shall be reclassified as Approved Property, provided that and only if the levy
of the Special Tax less Administrative Expenses after such reclassification shall not be less than 1.1 times
the annual Debt Service on all Outstanding Bonds. If Bonds have not been issued, an Assessor's Parcel
classified as Developed Property for which such a Building Permit has been cancelled and/or voided shall
be reclassified as Approved Property.
"Exempt Property" means for each Fiscal Year, all Assessor's Parcels designated as being exempt from
Special Taxes pursuant to Section H below.
"Final Map" means a subdivision of property by recordation of a final map, parcel map, or lot line
adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) or
recordation of a condominium plan pursuant to California Civil Code 4285 that creates individual Lots for
which Building Permits may be issued without further subdivision.
"Fiscal Year" means the period starting on July 1 and ending the following June 30.
"Indenture" means the indenture, fiscal agent agreement, resolution or other instrument pursuant to
which Bonds are issued, as modified, amended and/or supplemented from time to time, and any
instrument replacing or supplementing the same.
"Land Use Class" means any of the classes listed in Table 1 and Table 2 under Section C.1 below.
"Lot" means a parcel created by a Final Map capable of conveyance or rental, separate from adjacent
parcels or dwelling units and/or on which one or more Residential Units can be constructed.
"Lower Income Households Welfare Exemption Property" means, for each Fiscal Year, an Assessor's
Parcel that is entitled to a welfare exemption under subdivision (g) of Section 214 of the California
Revenue and Taxation Code (or any successor statute), as indicated in the County Assessor's roll finalized
as ofJanuary 1 of the previous Fiscal Year; provided that such property is not exempt from the Special Tax
if debt is outstanding and the property was subject to the Special Tax prior to receiving the exemption, in
which case the property shall remain subject to the Special Tax and the Special Tax shall be enforceable
against the property.
"Maximum Special Tax" means for each Assessor's Parcel, the maximum Special Tax, determined in
accordance with Sections C.3 and C.4 below, which may be levied in a given Fiscal Year on such Assessor's
Parcel of Taxable Property.
3
RESOLUTION NO. 2021-10
"Non -Residential Property" means all Assessor's Parcels of Developed Property for which a building
permit has been issued for the purpose of constructing one or more non-residential units or facilities.
"Outstanding Bonds" means all Bonds, which are deemed to be outstanding under the Indenture.
"Prepayment Amount" means the amount required to prepay the Special Tax Obligation in full for an
Assessor's Parcel as described in Section F.1 below or in part for an Assessor's Parcel as described in
Section F.2 below.
"Property Owner Association Property" means any Assessor's Parcel within the boundaries of CFD No.
2021-1 owned in fee by a property owner association, including any master or sub- association.
"Proportionately" or "Proportionate" means for Developed Property, that the ratio of the actual Special
Tax levy to the applicable Assigned Special Tax or Backup Special Tax is equal for all Assessor's Parcels of
Developed Property. For Approved Property or Undeveloped Property, "Proportionately" means that the
ratio of the actual Special Tax levy per Acre to the Maximum Special Tax per Acre is equal for all Assessor's
Parcels of Approved Property or Undeveloped Property. "Proportionately" may similarly be applied to
other categories of Taxable Property as listed in Section D below.
"Provisional Property" means all Assessor's Parcels of Public Property, Property Owner Association
Property, Non -Residential Property or property that would otherwise be classified as Exempt Property
pursuant to the provisions of Section H, but cannot be classified as Exempt Property because to do so
would reduce the Acreage of all Taxable Property below the required minimum Acreage as set forth in
Section H.
"Provisional Welfare Property" means all Assessor's Parcels of Lower Income Households Welfare
Exemption Property that would otherwise be classified as Exempt Property pursuant to the provisions of
Section H, but cannot be classified as Exempt Property because to do so would reduce the Acreage of all
Taxable Property below the required minimum Acreage as set forth in Section H.
"Public Property" means any property within the boundaries of CFD No. 2021-1, which is owned by, or
irrevocably offered for dedication to the federal government, the State of California, the County, the City
or any other public agency; provided however that (i) any property owned by a public agency and leased
to a private entity and subject to taxation under Section 53340.1 of the Act and (ii) any property subject
to taxation pursuant to Section 53317.3 of the Act shall be taxed and classified in accordance with its use.
"Residential Property" means all Assessor's Parcels of Developed Property for which a Building Permit
has been issued for the purpose of constructing one or more Residential Units.
"Residential Unit" means each separate residential dwelling unit that comprises an independent facility
capable of conveyance or rental, separate from adjacent residential dwelling units.
"Single Family Property" means all Assessor's Parcels of Residential Property not classified as Apartment
Property.
"Special Tax" means any special tax levied within CFD No. 2021-1 pursuant to the Act and this Rate and
Method of Apportionment of Special Tax.
"Special Tax Obligation" means the total obligation of an Assessor's Parcel of Taxable Property to pay the
Special Tax for the remaining life of CFD No. 2021-1.
4
RESOLUTION NO. 2021-10
too
Imp
"Special Tax Requirement" means that amount required in any Fiscal Year to: (i) pay regularly scheduled
Debt Service on all Outstanding Bonds; (ii) pay periodic costs on the Outstanding Bonds, including but not
limited to, credit enhancement and rebate payments on the Outstanding Bonds; (iii) pay Administrative
Expenses; (iv) pay any amounts required to establish or replenish any reserve funds for all Outstanding
Bonds; (v) accumulate funds to pay directly for acquisition or construction of facilities, provided that the
inclusion of such amount does not cause an increase in the Special Tax to be levied on Approved Property,
Undeveloped Property, or Provisional Property, until the date that all Bonds have been issued; and (vi)
pay for reasonably anticipated delinquent Special Taxes based on the delinquency rate for Special Taxes
levied in the previous Fiscal Year; less (vii) a credit for funds available to reduce the Special Tax levy, as
determined by the CFD Administrator pursuant to the Indenture.
"State" means the State of California.
"Taxable Property" means all of the Assessor's Parcels within the boundaries of CFD No. 2021-1, which
are not exempt from the levy of the Special Tax pursuant to law or Section H below.
"Trustee" means the trustee or fiscal agent under the Indenture.
"Undeveloped Property" means, for each Fiscal Year, all Taxable Property not classified as Developed
Property, Approved Property or Provisional Property.
"Zone 1" means the area within CFD No. 2021-1 depicted as such in Exhibit A hereto.
"Zone 2" means the area within CFD No. 2021-1 depicted as such in Exhibit A hereto.
"Zone 3" means the area within CFD No. 2021-1 depicted as such in Exhibit A hereto.
B. LAND USE CLASSIFICATION
Each Fiscal Year, beginning with Fiscal Year 2021-22, each Assessor's Parcel within CFD No. 2021-1 shall
be classified as Taxable Property or Exempt Property. In addition, all Taxable Property shall further be
classified as Developed Property, Approved Property, Undeveloped Property, Provisional Welfare
Property, or Provisional Property, and all such Taxable Property shall be subject to the levy of Special
Taxes in accordance with this Rate and Method of Apportionment of Special Tax determined pursuant to
Section C below. Furthermore, each Assessor's Parcel of Developed Property shall be classified as Single
Family Property, Apartment Property, or Non -Residential Property. Finally, each Assessor's Parcel of
Single Family Property shall be classified according to its applicable Land Use Class based on its Building
Square Footage.
C. SPECIAL TAX RATES
1. Assigned Special Tax for Developed Property and Provisional Welfare
Property
The Assigned Special Tax applicable to an Assessor's Parcel classified as Developed Property or Provisional
Welfare Property commencing in Fiscal Year 2021-22 shall be determined pursuant to Tables 1, 2 and 3
below.
5
RESOLUTION NO. 2021-10
Table 1
Zone 1 Assigned Special Tax Rates
Land Use Land Use Type Building Assigned
1 Single Family Property >_ 2,500 $2,300 per Residential Unit
2 Single Family Property 2,400-2,499 $2,225 per Residential Unit
3 Single Family Property 2,300-2,399 $2,175 per Residential Unit
4 Single Family Property 2,200-2,299 $2,100 per Residential Unit
5 Single Family Property 2,100-2,199 $2,025 per Residential Unit
6 Single Family Property 2,000 — 2,099 $1,925 per Residential Unit
7 Single Family Property 1,900-1,999 $1,600 per Residential Unit
8 Single Family Property 1,800-1,899 $1,550 per Residential Unit
9 Single Family Property < 1,800 $1,275 per Residential Unit
10 Non -Residential Property NA NA
6
RESOLUTION NO. 2021-10
Land Use
Class
Table 2
Zone 2 Assigned Special Tax Rates
Land Use Type
Building Square
Footage
Assigned Special Tax
1 Single Family Property >_ 3,400 $3,025 per Residential Unit
2 Single Family Property 3,200-3,399 $2,975 per Residential Unit
3 Single Family Property 3,000-3,199 $2,875 per Residential Unit
4 Single Family Property 2,800-2,999 $2,800 per Residential Unit
5 Single Family Property 2,600-2,799 $2,675 per Residential Unit
6 Single Family Property 2,400-2,599 $2,625 per Residential Unit
7 Single Family Property 2,200-2,399 $2,600 per Residential Unit
8 Single Family Property 2,000-2,199 $2,575 per Residential Unit
9 Single Family Property < 2,000 $2,475 per Residential Unit
10 Non -Residential Property NA NA
RESOLUTION NO. 2021-10
Table 3
Zone 3 Assigned Special Tax Rates
Land Use Land Use Type Building Assigned
1 Single Family Property >_ 2,500 $2,300 per Residential Unit
2 Single Family Property 2,400-2,499 $2,225 per Residential Unit
3 Single Family Property 2,300-2,399 $2,175 per Residential Unit
4 Single Family Property 2,200-2,299 $2,100 per Residential Unit
5 Single Family Property 2,100-2,199 $2,025 per Residential Unit
6 Single Family Property 2,000-2,099 $1,925 per Residential Unit
7 Single Family Property 1,900 —1,999 $1,600 per Residential Unit
8 Single Family Property 1,800 —1,899 $1,550 per Residential Unit
9 Single Family Property < 1,800 $1,275 per Residential Unit
10 Apartment Property NA $750 per Residential Unit
11 Non -Residential Property NA NA
8
RESOLUTION NO. 2021-10
r..
On each July 1, commencing July 1, 2022, the Assigned Special Tax for Developed Property and Provisional
Welfare Property shall be increased by two percent (2%) of the amount in effect in the prior Fiscal Year.
2. Backup Special Tax for Developed Property and Provisional Welfare
Property
The Backup Special Tax for Developed Property and Provisional Welfare Property commencing in Fiscal
Year 2021-22 shall be $15,419 per Acre for Zone 1, $19,322 per Acre for Zone 2 and $22,662 per Acre for
Zone 3.
Each July 1, commencing July 1, 2022, the Backup Special Tax for Developed Property and Provisional
Welfare Property shall be increased by two percent (2%) of the amount in effect in the prior Fiscal Year.
For the purpose of calculating the Backup Special Tax, the land area applicable to Apartment Property
shall be computed from the Acreage of the Lot on which the Apartment Property is located, with the
Acreage for such Lot allocated equally among all of the Apartment Property located or to be located on
such Lot.
3. Maximum Special Tax for Developed Property and Provisional Welfare
Property
The Maximum Special Tax for Developed Property and Provisional Welfare Property shall be the greater
of the Assigned Special Tax for Developed Property and Provisional Welfare Property or the Backup Special
Tax for Developed Property and Provisional Welfare Property.
4. Maximum Special Tax for Provisional Property, Approved Property and
Undeveloped Property
The Maximum Special Tax for Provisional Property, Approved Property, and Undeveloped Property
commencing in Fiscal Year 2021-22 shall be $15,419 per Acre for Zone 1, $19,322 per Acre for Zone 2 and
$22,662 per Acre for Zone 3.
Each July 1, commencing July 1, 2022, the Maximum Special Tax for Provisional Property, Approved
Property and Undeveloped Property shall be increased by two percent (2%) of the amount in effect in the
prior Fiscal Year.
D. METHOD OF APPORTIONMENT
For each Fiscal Year, commencing Fiscal Year 2021-22, the CFD Administrator shall levy the Special Tax on
all Taxable Property in accordance with the following steps:
Step 1: The Special Tax shall be levied Proportionately on each Assessor's Parcel of Developed Property at
up to 100% of the applicable Assigned Special Tax as needed to satisfy the Special Tax Requirement.
9
RESOLUTION NO. 2021-10
Step 2: If additional monies are needed to satisfy the Special Tax Requirement after Step 1 has been
completed, the Special Tax shall be levied Proportionately on each Assessor's Parcel of Approved Property
in an amount up to 100% of the Maximum Special Tax for Approved Property.
Step 3: If additional monies are needed to satisfy the Special Tax Requirement after Step 2 has been
completed, the Special Tax shall be levied Proportionately on each Assessor's Parcel of Undeveloped
Property in an amount up to 100% of the Maximum Special Tax for Undeveloped Property.
Step 4: If additional monies are needed to satisfy the Special Tax Requirement after the first three steps
have been completed, then the Special Tax amount determined in Step 1 shall be increased
Proportionately on each Assessor's Parcel of Developed Property in an amount up to 100% of the
Maximum Special Tax for Developed Property.
Step 5: If additional monies are needed to satisfy the Special Tax Requirement after the first four steps
have been completed, then the Special Tax shall be levied Proportionately on each Assessor's Parcel of
Provisional Welfare Property in an amount up to 100% of the Maximum Special Tax for Provisional
Property.
Step 6: If additional monies are needed to satisfy the Special Tax Requirement after the first four steps
have been completed, then the Special Tax shall be levied Proportionately on each Assessor's Parcel of
Provisional Property in an amount up to 100% of the Maximum Special Tax for Provisional Property.
Notwithstanding the above, under no circumstances will the Special Tax levied in any Fiscal Year against
any Assessor's Parcel of Residential Property for which an occupancy permit for private residential use
has been issued be increased as a result of a delinquency or default in the payment of the Special Tax
applicable to any other Assessor's Parcel within CFD No. 2021-1 by more than ten percent (10%) above
what would have been levied in the absence of such delinquencies or defaults.
E. COLLECTION OF SPECIAL TAXES
Collection of the Special Tax shall be made by the County in the same manner as ordinary ad valorem
property taxes are collected and the Special Tax shall be subject to the same penalties and the same lien
priority in the case of delinquency as ad valorem taxes; provided, however, that the Council may provide
for (i) other means of collecting the Special Tax, including direct billings thereof to the property owners;
and (ii) judicial foreclosure of delinquent Special Taxes.
F. PREPAYMENT OF SPECIAL TAX OBLIGATION
1. Prepayment in Full
Property owners may prepay and permanently satisfy the Special Tax Obligation by a cash settlement with
the City as permitted under Government Code Section 53344. The following definitions apply to this
Section F:
"CFD Public Facilities Costs" means $30,000,000 or such lower number as (i) shall be determined by the
CFD Administrator as sufficient to acquire or construct the facilities to be financed under the Act and
financing program for CFD No. 2021-1, or (ii) shall be determined by the Council concurrently with a
covenant that it will not issue any more Bonds (except refunding bonds).
10
RESOLUTION NO. 2021-10
"Construction Fund" means the fund (regardless of its name) established pursuant to the Indenture to
hold funds, which are currently available for expenditure to acquire or construct the facilities or pay fees
authorized to be funded by CFD No. 2021-1.
"Future Facilities Costs" means the CFD Public Facilities Costs minus (i) costs previously paid from the
Construction Fund to acquire or construct the facilities, (ii) monies currently on deposit in the Construction
Fund, and (iii) monies currently on deposit in an escrow or other designated fund that are expected to be
available to finance CFD Public Facilities Costs.
"Outstanding Bonds" means all Previously Issued Bonds, which remain outstanding as of the first interest
and/or principal payment date following the current Fiscal Year excluding Bonds to be redeemed at a later
date with proceeds of prior Special Tax prepayments.
"Previously Issued Bonds" means all Bonds that have been issued prior to the date of prepayment.
The Special Tax Obligation applicable to an Assessor's Parcel of Developed Property, Approved Property,
Undeveloped Property, or Provisional Property that has been included in a Final Map may be prepaid and
the obligation to pay the Special Tax for such Assessor's Parcel permanently satisfied as described herein,
provided that a prepayment may be made with respect to a particular Assessor's Parcel only if there are
no delinquent Special Taxes with respect to such Assessor's Parcel at the time of prepayment. An owner
of an Assessor's Parcel eligible to prepay the Special Tax Obligation shall provide the CFD Administrator
with written notice of intent to prepay and designate or identify the company or agency that will be acting
as the escrow agent, if any. The CFD Administrator shall provide the owner with a statement of the
Prepayment Amount for such Assessor's Parcel within thirty (30) days of the request and may charge a
reasonable fee for providing this service. Prepayment must be made at least 60 days prior to any
redemption date for the CFD No. 2021-1 Bonds to be redeemed with the proceeds of such prepaid Special
Taxes, unless a shorter period is acceptable to the Trustee and the City.
The Prepayment Amount shall be calculated for each applicable Assessor's Parcel or group of Assessor's
Parcels as follows (capitalized terms are defined below):
Bond Redemption Amount
plus Redemption Premium
plus Future Facilities Costs
plus Defeasance Amount
plus Administrative Fees and Expenses
less Reserve Fund Credit
less Capitalized Interest Credit
Equals: Prepayment Amount
The Prepayment Amount shall be determined as of the proposed prepayment date as follows:
1. Confirm that no Special Tax delinquencies apply to such Parcel.
2. For an Assessor's Parcel of Developed Property, compute the Maximum Special Tax for the
Assessor's Parcel as though all Assessor's Parcels of Taxable Property within CFD No. 2021-1 have
been built out. For an Assessor's Parcel of Approved Property or Undeveloped Property for which
a Building Permit has been issued, compute the Maximum Special Tax for the Parcel as though it
11
RESOLUTION NO. 2021-10
was already designated as Developed Property, based upon the Building Permit which has been
issued for the Assessor's Parcel. For an Assessor's Parcel of Approved Property or Undeveloped
Property for which a Building Permit has not been issued or Provisional Property to be prepaid,
compute the Maximum Special Tax for the Assessor's Parcel.
3. Divide the Maximum Special Tax derived pursuant to paragraph 2 by the estimated total amount
of Special Taxes that could be levied at build out of all Assessor's Parcels of Taxable Property based
on the applicable Maximum Special Tax for all such Assessor's Parcels of Taxable Property not
including any Parcels for which the Special Tax obligation has been previously prepaid.
4. Multiply the quotient derived pursuant to paragraph 3 by the principal amount of the Outstanding
Bonds to determine the amount of Outstanding Bonds to be redeemed with the Prepayment
Amount (the "Bond Redemption Amount").
5. Multiply the Bond Redemption Amount by the applicable redemption premium, if any, on the
Outstanding Bonds to be redeemed (the "Redemption Premium").
6. Determine the Future Facilities Costs.
7. Multiply the quotient derived pursuant to paragraph 3 by the amount determined pursuant to
paragraph 6 to determine the portion of the Future Facilities Costs applicable to the Assessor's
Parcel (the "Future Facilities Amount").
8. Determine the amount needed to pay interest on the Bond Redemption Amount from the first
bond interest and/or principal payment date following the current Fiscal Year until the earliest
redemption date for the Outstanding Bonds on which Bonds can be redeemed from Special Tax
prepayments.
9. Determine the Special Taxes levied on the Assessor's Parcel in the current Fiscal Year which have
not yet been paid.
10. Determine the amount the CFD Administrator reasonably expects to derive from the investment
of the Bond Redemption Amount and the Redemption Premium from the date of prepayment
until the redemption date for the Outstanding Bonds to be redeemed with the Prepayment
Amount.
11. Add the amounts derived pursuant to paragraphs 8 and 9 and subtract the amount derived
pursuant to paragraph 10 (the "Defeasance Amount").
12. Verify the administrative fees and expenses associated with the prepayment, including the cost
to invest the Prepayment Amount, the cost of redeeming the Outstanding Bonds, and the cost of
recording notices to evidence the prepayment of the Special Tax obligation for the Assessor's
Parcel and the redemption of Outstanding Bonds (the "Administrative Fees and Expenses").
13. The reserve fund credit (the "Reserve Fund Credit") shall equal the lesser of: (a) the expected
reduction in the reserve requirement (as defined in the Indenture), if any, associated with the
redemption of Outstanding Bonds as a result of the prepayment, or (b) the amount derived by
subtracting the new reserve requirement (as defined in the Indenture) in effect after the
12
RESOLUTION NO. 2021-10
redemption of Outstanding Bonds as a result of the prepayment from the balance in the reserve
fund on the prepayment date, but in no event shall such amount be less than zero.
14. If any capitalized interest for the Outstanding Bonds will not have been expended at the time of
the first interest and/or principal payment following the current Fiscal Year, a capitalized interest
credit shall be calculated by multiplying the quotient computed pursuant to paragraph 3 by the
expected balance in the capitalized interest fund after such first interest and/or principal payment
(the "Capitalized Interest Credit").
15. The amount to prepay the Special Tax Obligation is equal to the sum of the Bond Redemption
Amount, the Redemption Premium, the Future Facilities Amount, the Defeasance Amount and
the Administrative Fees and Expenses, less the Reserve Fund Credit and the Capitalized Interest
Credit.
16. From the Prepayment Amount, the Bond Redemption Amount, the Redemption Premium, and
Defeasance Amount shall be deposited into the appropriate fund as established under the
Indenture and be used to redeem Outstanding Bonds or make Debt Service payments. The Future
Facilities Amount shall be deposited into the Construction Fund. The Administrative Fees and
Expenses shall be retained by the CFD.
The Prepayment Amount may be sufficient to redeem an amount other than a $5,000 increment of CFD
No. 2021-1 Bonds. In such cases, the increment above $5,000 or integral multiple thereof will be retained
in the appropriate fund established under the Indenture to redeem CFD No. 2021-1 Bonds to be used with
the next prepayment of CFD No. 2021-1 Bonds.
The CFD Administrator will confirm that all previously levied Special Taxes have been paid in full. With
respect to any Assessor's Parcel for which the Special Tax Obligation is prepaid in full, once the CFD
Administrator has confirmed that all previously levied Special Taxes have been paid, the Council shall
cause a suitable notice to be recorded in compliance with the Act, to indicate the prepayment of the
Special Tax and the release of the Special Tax lien on such Assessor's Parcel, and the obligation of the
owner of such Assessor's Parcel to pay the Special Tax shall cease.
Notwithstanding the foregoing, no Special Tax prepayment shall be allowed unless the aggregate amount
of Maximum Special Taxes Tess Administrative Expenses that may be levied on Taxable Property,
respectively, after the proposed prepayment is at least 1.1 times the Debt Service on all Outstanding
Bonds in each Fiscal Year.
2. Partial Prepayment
The Special Tax on an Assessor's Parcel of Developed Property, Approved Property, Undeveloped
Property, or Provisional Property that has been included in a Final Map may be partially prepaid. The
amount of the prepayment shall be calculated as in Section F.1; except that a partial prepayment shall be
calculated according to the following formula:
PP = (PE -A) x F+A
These terms have the following meaning:
`i
13
RESOLUTION NO. 2021-10
PP = the partial prepayment
PE = the Prepayment Amount calculated according to Section F.1
F = the percentage by which the owner of the Assessor's Parcel(s) is partially prepaying the Special Tax
Obligation
A = the Prepayment Administrative Fees and Expenses from Section F.1
The owner of any Assessor's Parcel who desires such partial prepayment shall notify the CFD
Administrator of (i) such owner's intent to partially prepay the Special Tax Obligation, (ii) the percentage
by which the Special Tax Obligation shall be prepaid, and (iii) the company or agency that will be acting as
the escrow agent, if any. The CFD Administrator shall provide the owner with a statement of the amount
required for the partial prepayment of the Special Tax Obligation for an Assessor's Parcel within sixty (60)
days of the request and may charge a reasonable fee for providing this service.
With respect to any Assessor's Parcel that is partially prepaid, the City shall (i) distribute the funds
remitted to it according to Section F.1., and (ii) indicate in the records of CFD No. 2021-1 that there has
been a partial prepayment of the Special Tax Obligation and that a portion of the Special Tax with respect
to such Assessor's Parcel, equal to the outstanding percentage (1.00 - F) of the Maximum Special Tax, shall
continue to be levied on such Assessor's Parcel.
Notwithstanding the foregoing, no partial prepayment shall be allowed unless the aggregate amount of
Maximum Special Taxes less Administrative Expenses that may be levied on Taxable Property,
respectively, after the proposed partial prepayment is at least 1.1 times the Debt Service on all
Outstanding Bonds in each Fiscal Year.
G. TERM OF SPECIAL TAX
The Special Tax shall be levied as long as necessary to meet the Special Tax Requirement for a period not
to exceed forty-five (45) Fiscal Years commencing with Fiscal Year 2021-22, provided however that the
Special Tax will cease to be levied in an earlier Fiscal Year if the CFD Administrator has determined that all
required interest and principal payments on CFD No. 2021-1 Bonds have been paid.
H. EXEMPTIONS
The CFD Administrator shall classify as Exempt Property (i) Assessor's Parcels of Public Property, (ii)
Assessor's Parcels of Property Owner Association Property, (iii) Assessor's Parcels which are used as places
of worship and are exempt from ad valorem property taxes because they are owned by a religious
organization, (iv) Assessor's Parcels with public or utility easements making impractical their utilization
for other than the purposes set forth in the easement, (v) Lower Income Households Welfare Exemption
Property, and (vi) Assessor's Parcels classified as Non -Residential Property as determined reasonably by
the CFD Administrator, provided that no such classification would reduce the sum of all Taxable Property
in CFD No. 2021-1 to Tess than 44.86 Acres in Zone 1, 48.84 Acres in Zone 2 or 11.12 Acres in Zone 3.
Assessor's Parcels of Lower Income Households Welfare Exemption Property which cannot be classified
as Exempt Property because such classification would reduce the sum of all Taxable Property in CFD No.
2021-1 to less than 44.86 Acres in Zone 1, 48.84 Acres in Zone 2 or 11.12 Acres in Zone 3 shall be classified
as Provisional Welfare Property and will continue to be subject to the CFD No. 2021-1 Special Taxes
accordingly. Assessor's Parcels which cannot be classified as Exempt Property because such classification
would reduce the sum of all Taxable Property in CFD No. 2021-1 to less than 44.86 Acres in Zone 1, 48.84
Acres in Zone 2 or 11.12 Acres in Zone 3 shall be classified as Provisional Property and will continue to be
14
RESOLUTION NO. 2021-10
subject to the CFD No. 2021-1 Special Taxes accordingly. Tax exempt status for the purpose of this
paragraph will be assigned by the CFD Administrator in the chronological order in which property becomes
eligible for classification as Exempt Property, except for Non -Residential Property, which will be assigned
tax exempt status only after all other eligible property types have been classified as Exempt Property.
If the use of an Assessor's Parcel of Exempt Property changes so that such Assessor's Parcel is no longer
classified as one of the uses set forth in the first paragraph of Section H above that would make such
Assessor's Parcel eligible to be classified as Exempt Property, such Assessor's Parcel shall cease to be
classified as Exempt Property and shall be deemed to be Taxable Property.
I. APPEALS AND INTERPRETATIONS
Any property owner claiming that the amounts or application of the Special Taxes is not correct may file
a written notice of appeal with the CFD Administrator not later than twelve months after having paid the
first installment of the Special Taxes that are disputed. The CFD Administrator shall promptly review the
appeal, and if necessary, meet with the property owner, consider written and oral evidence regarding the
amount of the Special Taxes, and rule on the appeal. If the decision of the CFD Administrator requires that
the Special Taxes for an Assessor's Parcel be modified or changed in favor of the property owner, a cash
refund shall not be made but an adjustment shall be made to the Special Taxes on that Assessor's Parcel
in the subsequent Fiscal Year(s) to compensate for the overpayment of the Special Taxes.
Any landowner who pays the Special Tax and claims the amount of the Special Tax levied on his or her
Assessor's Parcel is in error shall first consult with the CFD Administrator regarding such error not later
than thirty-six (36) months after first having paid the first installment of the Special Tax that is disputed.
If following such consultation, the CFD Administrator determines that an error has occurred, then the CFD
Administrator shall take any of the following actions, in order of priority, in order to correct the error:
i. Amend the Special Tax levy on the landowner's Assessor's Parcel(s) for the current Fiscal Year
prior to the payment date,
ii. Require the CFD to reimburse the landowner for the amount of the overpayment to the extent of
available CFD funds, or
iii. Grant a credit against, eliminate or reduce the future Special Taxes on the landowner's Assessor's
Parcel(s) in the amount of the overpayment.
If following such consultation and action by the CFD Administrator the landowner believes such error still
exists, such person may file a written notice of appeal with the Council. Upon the receipt of such notice,
the Council or designee may establish such procedures as deemed necessary to undertake the review of
any such appeal. If the Council or designee determines an error still exists, the CFD Administrator shall
take any of the actions described as (i), (ii) and (iii) above, in order of priority, in order to correct the error.
The Council or designee thereof shall interpret this Rate and Method of Apportionment of Special Tax for
purposes of clarifying any ambiguities and make determinations relative to the administration of the
Special Tax and any landowner appeals. The decision of the Council or designee shall be final.
15
RESOLUTION NO. 2021-10
1 Exhibit A
Zone Descriptions
A-1
RESOLUTION NO. 2021-10
imp
EXHIBIT "A"
COMMUNITY FACILITIES DISTRICT 2021-1
LEGAL. DESCRIPTION
(UNIVERSITY PARK)
REAL PROPERTY IN THE CITY OF PALM DESERT, COUNTY OF
RIVERSIDE, S1 ATE OF CALIFORNIA, LOCA FED IN SECTION ION 33,
TOWNSHIP 4 SOUTH, RANGE 6 EAST, SAN BERNARDINO MERIDIAN,
DESCRIBED AS FOLLOWS:
THAT PORTION OF ADJUSTED PARCEL 9 AND ADJUSTED PARCEL 15 AS
SHOWN AND DESCRIBED IN THAT CERTAIN CERTIFICATE OF
COMPLIANCE NO. 05-01, AS SHOWN ON DOCUMENT NO. 2005-0696754,
OF OFFICIAL RECORDS, TOGETHER WITH PARCELS 1, 2 AND 3 OF THAT
CERTAIN CERTIFICATE OF COMPLIANCE / WAIVER OF PARCEL MAP,
PMW 10-167, AS SHOWN ON DOCUMENT NO. 2010-0425283, RECORDED
SEPTEMBER 03, 2010, OF OFFICIAL RECORDS, ALSO TOGETHER WITH
THOSE PORTIONS OF PARCELS 4, 5 AND 6 OF PARCEL MAP NO. 31730,
AS SHOWN BY MAP ON FILE IN BOOK 211, PAGES 63 THROUGH 75,
INCLUSIVE OF PARCEL MAPS, RECORDS OF SAID COUNTY, ALSO
TOGETHER WITH PARCEL A AS SHOWN AND DESCRIBED IN THAT
CERTAIN CERTIFICATE OF COMPLIANCE / WAIVER OF PARCEL MAP,
PMW 06-01, AS SHOWN ON DOCUMENT NO. 2006-0668994, RECORDED
SEPTEMBER 8, 2006, OF OFFICIAL RECORDS, ALSO TOGETHER WITH
THOSE PARCELS DESCRIBED IN DOCUMENT NO. 2006-0951880,
RECORDED DECEMBER 29, 2006, OF OFFICIAL RECORDS AND
DOCUMENT NO. 2008-0640595, RECORDED DECEMBER 05, 2008, OF
OFFICIAL RECORDS, AND DOCUMENT NO. 2006-0951883, RECORDED
DECEMBER 29, 2006, OF OFFICIAL RECORDS AND DOCUMENT NO. 2008-
0640594, RECORDED DECEMBER 05, 2008, OF OFFICIAL RECORDS,
EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE CITY OF
PALM DESERT AS DESCRIBED IN DOCUMENT NO. 2008-544124,
RECORDED OCTOBER 8, 2008, OF OFFICIAL RECORDS, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
PAGE 1 OF 23
RESOLUTION NO. 2021-10
EXHIBIT "A"
COMMUNITY FACILITIES DISTRICT 2021-1
LEGAL DESCRIPTION
(UNIVERSITY PARK)
ZONE 1 - PARCEL A:
BEGINNING AT THE MOST SOUTHERLY SOUTHWEST CORNER OF
PARCEL 1 OF SAID WAIVER OF PARCEL MAP, PMW 10-167;
THENCE NORTH 47°41'41" WEST, ALONG THE SOUTHWESTERLY LINE
OF SAID PARCEL 1 A DISTANCE OF 31.14 FEET TO A POINT ON THE
WESTERLY LINE OF SAID PARCEL 1;
THENCE ALONG SAID WESTERLY LINE AND THE WESTERLY LINE OF
SAID DOCUMENT NO. 2008-0640594, THE FOLLOWING COURSES:
THENCE NORTH 00°05'32" WEST, A DISTANCE OF 669.77 FEET;
THENCE NORTH 01 °03'06" EAST, A DISTANCE OF 560.71 FEET TO THE
BEGINNING OF A TANGENT CURVE, CONCAVE EASTERLY, HAVING A
RADIUS OF 268.46 FEET;
THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A
CENTRAL ANGLE OF 09°24'00", AN ARC DISTANCE OF 44.04 FEET TO
THE BEGINNING OF A REVERSE CURVE, CONCAVE WESTERLY, HAVING
A RADIUS OF 256.53 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH
79°32'54" EAST;
THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A
CENTRAL ANGLE OF 10°32'38", AN ARC DISTANCE OF 47.21;
THENCE NORTH 00°05'32" WEST, A DISTANCE OF 188.26 FEET TO THE
MOST WESTERLY NORTHWEST CORNER OF SAID PARCEL 1;
THENCE NORTH 44°55'18" EAST, A DISTANCE OF 24.03 FEET TO A POINT
ON THE NORTHERLY LINE OF SAID PARCEL 1;
- HENCE NORTH 89"56'07" EAST, ALONG SAID NORTHERLY LINE OF
PARCEL 1 AND THE NORTHERLY LINE OF PARCEL 2 OF SAID PMW 10-
167, A DISTANCE OF 1479.95 FEET TO THE MOST NORTHERLY
NORTHEAST CORNER OF SAID PARCEL 2;
THENCE SOUTH 45°03'53" EAST, ALONG THE NORTHEASTERLY LINE OF
LINE OF SAID PARCEL 2 A DISTANCE OF 24.04 FEET TO A POINT ON THE
EASTERLY LINE OF SAID PARCEL. 2;
PAGE 2 OF 23
RESOLUTION NO. 2021-10
EXHIBIT "A"
COMMUNITY FACILITIES DISTRICT 2021-1
LEGAL DESCRIPTION
(UNIVERSITY PARK)
THENCE ALONG SAID EASTERLY LINE AND THE EASTERLY LINE OF
SAID PARCEL 3 OF SAID PMW 10-167 THE FOLLOWING COURSES;
THENCE SOUTH 00°03'53" EAST, ALONG SAID EASTERLY LINE A
DISTANCE OF 535.08 FEET;
THENCE NORTH 89°56'07" EAST, A DISTANCE OF 16.00 FEET;
THENCE SOUTH 00°03'53" EAST, A DISTANCE OF 217.72 FEET TO THE
BEGINNING OF A TANGENT CURVE, CONCAVE WESTERLY, HAVING A
RADIUS OF 3089.00 FEET;
THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A
CENTRAL ANGLE OF 08°12'57", AN ARC DISTANCE OF 442.94 FEET TO
THE BEGINNING OF A COMPOUND CURVE, CONCAVE
NORTHWESTERLY, HAVING A RADIUS OF 46.00 FEET, A RADIAL LINE TO
SAID POINT BEARS SOUTH 81°50'56" EAST;
THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE,
THROUGH A CENTRAL ANGLE OF 85°56'04", AN ARC DISTANCE OF 68.99
FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE
SOUTHERLY, HAVING A RADIUS OF 1335.00 FEET, BEING A POINT ON
THE SOUTHERLY LINE OF SAID PARCEL 3, A RADIAL LINE TO SAID
POINT BEARS NORTH 04°05'08" EAST;
THENCE ALONG SAID SOUTHERLY LINE AND WESTERLY ALONG THE
ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 28°13'49", AN
ARC DISTANCE OF 657.77 FEET, A RADIAL LINE TO SAID POINT BEARS
NORTH 24°08'41" WEST;
THENCE LEAVING SAID SOUTHERLY LINE AND NON -TANGENT TO SAID
CURVE, NORTH 24°08'41" WEST, A DISTANCE OF 126.76 FEET TO THE
BEGINNING OF A TANGENT CURVE, CONCAVE EASTERLY, HAVING A
RADIUS OF 1000.00 FEET;
THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A
CENTRAL ANGLE OF 06°37'59", AN ARC DISTANCE OF 115.77 FEET, A
RADIAL LINE TO SAID POINT BEARS SOUTH 72°29'18" WEST;
PAGE 3 OF 23
RESOLUTION NO. 2021-10
EXHIBIT "A"
COMMUNITY FACILITIES DISTRICT 2021-1
LEGAL DESCRIPTION
(UNIVERSITY PARK)
THENCE NON -TANGENT TO SAID CURVE NORTH 69°46'27" EAST, A
DISTANCE OF 107.71 FEET TO THE BEGINNING OF A TANGENT CURVE,
CONCAVE SOUTHERLY, HAVING A RADIUS OF 1500.00 FEET;
THENCE EASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A
CENTRAL ANGLE OF 14°21'19", AN ARC DISTANCE OF 375.82 FEET;
THENCE NORTH 84°0T46" EAST, A DISTANCE OF 16.40 FEET TO THE
BEGINNING OF A TANGENT CURVE, CONCAVE NORTHWESTERLY,
HAVING A RADIUS OF 60.00 FEET;
THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH
A CENTRAL ANGLE OF 84°11'39", AN ARC DISTANCE OF 88.17 FEET;
THENCE NORTH 00°03'53" WEST, A DISTANCE OF 704.02 FEET TO THE
BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHWESTERLY,
HAVING.A RADIUS OF 53.00 FEET;
THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE,
THROUGH A CENTRAL ANGLE OF 68°06'50", AN ARC DISTANCE OF 63.01
FEET;
THENCE NORTH 68°10'43" WEST, A DISTANCE OF 131.40 FEET TO THE
BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHERLY, HAVING A
RADIUS OF 200.00 FEET;
THENCE WESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A
CENTRAL ANGLE OF 21 °53'10", AN ARC DISTANCE OF 76.40 FEET;
THENCE SOUTH 89°56'07" WEST, A DISTANCE OF 290.28 FEET;
THENCE SOUTH 00°03'53" EAST, A DISTANCE OF 324.10 FEET TO THE
BEGINNING OF A TANGENT CURVE, CONCAVE EASTERLY, HAVING A
RADIUS OF 200.00 FEET;
THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A
CENTRAL ANGLE OF 24°20'30", AN ARC DISTANCE OF 84.97 FEET;
THENCE SOUTH 24°24'23 EAST, A DISTANCE OF 25.60 FEET TO THE
BEGINNING OF A NON -TANGENT CURVE, CONCAVE SOUTHEASTERLY,
HAVING A RADIUS OF 200.00 FEET, A RADIAL LINE TO SAID POINT
BEARS NORTH 24°24'23" WEST;
PAGE 4 OF 23
RESOLUTION NO. 2021-10
EXHIBIT "A"
COMMUNITY FACILITIES DISTRICT 2021-1
LEGAL. DESCRIPTION
(UNIVERSITY PARK)
THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE,
THROUGH A CENTRAL ANGLE OF 48°50'20", AN ARC DISTANCE OF
170.48 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 73°14'43"
WEST;
THENCE NON -TANGENT TO SAID CURVE NORTH 73°14'43" WEST, A
DISTANCE OF 73.87 FEET TO THE BEGINNING OF A TANGENT CURVE,
CONCAVE SOUTHERLY, HAVING A RADIUS OF 300.00 FEET;
THENCE WESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A
CENTRAL ANGLE OF 16°49'10", AN ARC DISTANCE OF 88.07 FEET;
THENCE SOUTH 89°56'07" WEST, A DISTANCE OF 113.04 FEET;
THENCE SOUTH 00°03'53" EAST, A DISTANCE OF 159.04 FEET TO THE
BEGINNING OF A TANGENT CURVE, CONCAVE EASTERLY, HAVING A
RADIUS OF 800.00 FEET;
THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A
CENTRAL ANGLE OF 17°57'58", AN ARC DISTANCE OF 250.85 FEET;
THENCE SOUTH 18°01'51" EAST, A DISTANCE OF 254.25 FEET TO THE
BEGINNING OF A TANGENT CURVE, CONCAVE NORTHWESTERLY,
HAVING A RADIUS OF 53.00 FEET;
THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE,
THROUGH. A CENTRAL ANGLE OF 90°21'27", AN ARC DISTANCE OF 83.58
FEET;
THENCE SOUTH 72°19'36" WEST, A DISTANCE OF 4.07 FEET TO THE
BEGINNING OF A TANGENT CURVE, CONCAVE NORTHERLY, HAVING A
RADIUS OF 800.00 FEET;
THENCE WESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A
CENTRAL ANGLE OF 17°37'12", AN ARC DISTANCE OF 246.02 FEET;
THENCE SOUTH 89°56'48" WEST, A DISTANCE OF 39.62 FEET;
THENCE SOUTH 11 °34'59" WEST, A DISTANCE OF 142.98 FEET TO A
POINT ON THE SOUTHERLY LINE OF SAID PARCEL 1 OF PMW 10-167,
SAID POINT ALSO HEREINAFTER REFERRED TO AS POINT "A";
PAGE 5OF23
RESOLUTION NO. 2021-10
EXHIBIT "A"
COMMUNITY FACILITIES DISTRICT 2021-1
LEGAL DESCRIPTION
(UNIVERSITY PARK)
THENCE SOUTH 89°54'28" WEST, ALONG SAID SOUTHERLY LINE A
DISTANCE OF 13.25 FEET TO THE BEGINNING OF A TANGENT CURVE,
CONCAVE NORTHERLY, HAVING A RADIUS OF 325.00 FEET;
THENCE CONTINUING ALONG SAID SOUTHERLY LINE AND WESTERLY
ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF
07°37'42", AN ARC DISTANCE OF 43.27 FEET TO THE BEGINNING OF A
REVERSE CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 353.00
FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 07°32'10" EAST;
THENCE CONTINUING ALONG SAID SOUTHERLY LINE AND WESTERLY
ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF
07°37'42", AN ARC DISTANCE OF 47.00 FEET;
THENCE CONTINUING ALONG SAID SOUTHERLY LINE SOUTH 89°54'28"
WEST, A DISTANCE OF 42.25 FEET, TO THE POINT OF BEGINNING;
CONTAINING 1,378,618 SQUARE FEET OR 31.649 ACRES MORE OR
LESS.
PAGE 6 OF 23
A-7
RESOLUTION NO. 2021-10
EXHIBIT "A"
COMMUNITY FACILITIES DISTRICT 2021-1
LEGAL DESCRIPTION
(UNIVERSITY PARK)
ZONE 1 - PARCEL B:
COMMENCING AT THE NORTHWESTERLY CORNER OF THE ADJUSTED
PARCEL 9 AS SHOWN IN SAID CERTIFICATE OF COMPLIANCE NO. 05-01,
BEING A POINT ON A NON -TANGENT CURVE, CONCAVE
NORTHWESTERLY, HAVING A RADIUS OF 269.66', A RADIAL LINE TO
SAID POINT BEARS SOUTH 15°12'05" WEST,
THENCE NORTHEASTERLY ALONG THE NORTHERLY LINE AND ALONG
THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 14°42'02", A
DISTANCE OF 269.66 FEET TO A POINT OF REVERSE CURVE HAVING A
RADIUS OF 1,259.00 FEET A RADIAL LINE BEARS. NORTH 29°54'07" WEST;
THENCE CONTINUING ALONG SAID NORTHERLY LINE AND
NORTHEASTERLY ALONG THE ARC, THROUGH A CENTRAL ANGLE OF
05°45'26", A DISTANCE OF 126.51 FEET TO THE TRUE POINT OF
BEGINNING, A RADIAL LINE TO SAID POINT BEARS NORTH 24°08'41"
WEST;
THENCE CONTINUING ALONG THE ARC OF SAID CURVE AND ALONG
THE NORTHERLY LINE OF SAID PARCEL 9 THE FOLLOWING COURSES:
THENCE EASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A
CENTRAL ANGLE OF 28°14'47", AN ARC DISTANCE OF 620.68 FEET, TO
THE BEGINNING OF A COMPOUND CURVE, CONCAVE
SOUTHWESTERLY, HAVING A RADIUS OF 36.00 FEET, A RADIAL LINE TO
SAID POINT BEARS NORTH 04°06'06" EAST;
THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH
A CENTRAL ANGLE OF 46°54'33", AN ARC DISTANCE OF 29.47 FEET TO
THE BEGINNING OF A REVERSE CURVE, CONCAVE NORTHERLY,
HAVING A RADIUS OF 69.00 FEET, A RADIAL LINE TO SAID POINT BEARS
NORTH 51 °00'39" EAST;
THENCE EASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A
CENTRAL ANGLE OF 87°02'24", AN ARC DISTANCE OF 104.82 FEET TO
THE BEGINNING OF A REVERSE CURVE, CONCAVE SOUTHERLY,
HAVING A RADIUS OF 36.00 FEET, A RADIAL LINE TO SAID POINT BEARS
NORTH 36°01'45" WEST;
PAGE 7 OF 23
RESOLUTION NO. 2021-10
EXHIBIT "A"
COMMUNITY FACILITIES DISTRICT 2021-1
LEGAL DESCRIPTION
(UNIVERSITY PARK)
THENCE EASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A
CENTRAL ANGLE OF 46°54'33", AN ARC DISTANCE OF 29.47 FEET TO
THE BEGINNING OF A COMPOUND CURVE, CONCAVE SOUTHERLY,
HAVING A RADIUS OF 1,259.00 FEET, A RADIAL LINE TO SAID POINT
BEARS NORTH 10°52'48" EAST;
THENCE EASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A
CENTRAL ANGLE OF 16°29'18", AN ARC DISTANCE OF 362.31 FEET;
THENCE SOUTH 62°37'54" EAST, A DISTANCE OF 251.00 FEET TO THE
BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHWESTERLY,
HAVING A RADIUS OF 959.00 FEET;
THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH
A CENTRAL ANGLE OF 03°22'04", AN ARC DISTANCE OF 56.37 FEET;
THENCE LEAVING SAID NORTHERLY LINE SOUTH 28°08'00" WEST, A
DISTANCE OF 229.77 FEET TO THE BEGINNING OF A TANGENT CURVE,
CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 1,000.00 FEET;
THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE,
THROUGH A CENTRAL ANGLE OF 10°03'37", AN ARC DISTANCE OF
175.58 FEET;
THENCE SOUTH 18°04'23" WEST, A DISTANCE OF 82.05 FEET TO THE
BEGINNING OF A NON -TANGENT CURVE, CONCAVE SOUTHERLY,
HAVING A RADIUS OF 1,000.00 FEET, A RADIAL LINE TO SAID POINT
BEARS NORTH 22°26'16" EAST;
THENCE WESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A
CENTRAL ANGLE OF 08°11'25", AN ARC DISTANCE OF 142.95 FEET;
THENCE NORTH 75°45'09" WEST, A DISTANCE OF 498.84 FEET TO THE
BEGINNING OF A TANGENT CURVE, CONCAVE NORTHEASTERLY,
HAVING A RADIUS OF 780.00 FEET;
THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE,
THROUGH A CENTRAL ANGLE OF 23°09'01", AN ARC DISTANCE OF
315.16 FEET;
PAGE 8 OF 23
RESOLUTION NO. 2021-10
EXHIBIT "A"
COMMUNITY FACILITIES DISTRICT 2021-1
LEGAL DESCRIPTION
(UNIVERSITY PARK)
THENCE NORTH 52°36'08" WEST, A. DISTANCE OF 108.61 FEET TO.THE
BEGINNING OF A TANGENT CURVE, CONCAVE NORTHEASTERLY,
HAVING A RADIUS OF 500.00 FEET;
THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE,
THROUGH A CENTRAL ANGLE OF 28°27'27", AN ARC DISTANCE OF
248.34 FEET;
THENCE NORTH 24°08'41" WEST, A DISTANCE OF 57.79 FEET TO THE
TRUE POINT OF BEGINNING;
CONTAINING 607,149 SQUARE FEET OR 13.938 ACRES, MORE OR LESS.
PAGE 9 OF 23
A-10
RESOLUTION NO. 2021-10
EXHIBIT "A"
COMMUNITY FACILITIES DISTRICT 2021-1
LEGAL DESCRIPTION
(UNIVERSITY PARK)
ZONE 1 - PARCEL C:
BEGINNING AT MOST EASTERLY CORNER OF ADJUSTED PARCEL 9,
SAID POINT ALSO BEING THE NORTHWEST CORNER OF ADJUSTED
PARCEL 15 OF SAID CERTIFICATE OF COMPLIANCE NO. 05-01;
THENCE SOUTH 16°36'22" WEST, A DISTANCE OF 157.67 FEET;
THENCE SOUTH 38°44'49" WEST, A DISTANCE OF 115.54 FEET;
THENCE SOUTH 78°23'07" WEST, A DISTANCE OF 21.35 FEET;
THENCE SOUTH 37°22'19" WEST, A DISTANCE OF 159.41 FEET;
THENCE SOUTH 13°07'30" WEST, A DISTANCE OF 502.86 FEET TO A
POINT ON THE SOUTHWESTERLY LINE OF SAID ADJUSTED PARCEL 9;
THENCE ALONG SAID SOUTHWESTERLY LINE THE FOLLOWING
COURSES:
THENCE NORTH 58°5410" WEST, A DISTANCE OF 15.03 FEET TO THE
BEGINNING OF A TANGENT CURVE, CONCAVE NORTHEASTERLY,
HAVING A RADIUS OF 154.00 FEET;
THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE,
THROUGH A CENTRAL ANGLE OF 27°47'21", AN ARC DISTANCE OF 74.69
FEET;
THENCE NORTH 31°06'49" WEST, A DISTANCE OF 61.06 FEET;
THENCE NORTH 25°01'56" WEST, A DISTANCE OF 74.98 FEET TO THE
BEGINNING OF A NON -TANGENT CURVE, CONCAVE SOUTHWESTERLY,
HAVING A RADIUS OF 1066.00 FEET, A RADIAL LINE TO SAID POINT
BEARS NORTH 54'52'33" EAST;
THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE,
THROUGH A CENTRAL ANGLE OF 07°05'33", AN ARC DISTANCE OF
131.96 FEET;
THENCE NORTH 42°13'00" WEST, A DISTANCE OF 186.14 FEET TO THE
BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHWESTERLY,
HAVING A RADIUS OF 1266.00 FEET;
PAGE 10 OF 23
RESOLUTION NO. 2021-10
1r
EXHIBIT "A"
COMMUNITY FACILITIES DISTRICT 2021-1
LEGAL DESCRIPTION
(UNIVERSITY PARK)
THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE,
THROUGH A CENTRAL ANGLE OF 07°32'48", AN ARC DISTANCE OF
166.75 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE
NORTHEASTERLY, HAVING A RADIUS OF 484.00 FEET, A RADIAL LINE TO
SAID POINT BEARS SOUTH 40°14'12" WEST;
THENCE' NORTHWESTERLY ALONG THE ARC OF SAID CURVE,
THROUGH A CENTRAL ANGLE OF 36°52'42", AN ARC DISTANCE OF
311.53 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE
SOUTHWESTERLY, HAVING A RADIUS OF 50.00 FEET, A RADIAL LINE TO
SAID POINT BEARS NORTH 77°06'54" EAST;
THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE,
THROUGH A CENTRAL ANGLE OF 62°16'13",.AN ARC DISTANCE OF 54.34
FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE
NORTHEASTERLY, HAVING A RADIUS OF 434.00 FEET, A RADIAL LINE TO
SAID POINT BEARS SOUTH 14°50'41" WEST;
THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE,
THROUGH A CENTRAL ANGLE OF 43°08'03", AN ARC DISTANCE OF
326.73 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE
SOUTHWESTERLY, HAVING A RADIUS OF 866.00 FEET, A RADIAL LINE
TO SAID POINT BEARS NORTH 57°58'44" EAST;
THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE,
THROUGH A CENTRAL ANGLE OF 14°50'55", AN ARC DISTANCE OF
224.43 FEET;
THENCE NORTH 46°52'11" WEST, A DISTANCE OF 259.34 FEET;
THENCE NORTH 38°47'30" WEST, A DISTANCE OF 145.37 FEET;
THENCE LEAVING SAID SOUTHWESTERLY LINE, NORTH 51°12'30" EAST,
A DISTANCE OF 148.74 FEET TO THE BEGINNING OF A TANGENT
CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 200.00
FEET;
THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH
A CENTRAL ANGLE OF 24°31'22", AN ARC DISTANCE OF 85.60 FEET;
PAGE 11 OF 23
A-12
RESOLUTION NO. 2021-10
EXHIBIT "A"
COMMUNITY FACILITIES DISTRICT 2021-1
LEGAL DESCRIPTION
(UNIVERSITY PARK)
THENCE NORTH 75°43'52" EAST, A DISTANCE OF 354.89 FEET TO THE
BEGINNING OF A NON -TANGENT CURVE, CONCAVE EASTERLY, HAVING
A RADIUS OF 800.00 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH
74°28'27" WEST;
THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A
CENTRAL ANGLE OF 03°41'16", AN ARC DISTANCE OF 51.49 FEET, A
RADIAL LINE TO SAID POINT BEARS SOUTH 70°47'11" WEST;
THENCE NON -TANGENT TO SAID CURVE NORTH 65°27'31" EAST, A
DISTANCE OF 205.76 FEET TO A POINT ON THE NORTHEASTERLY LINE
OF SAID ADJUSTED PARCEL 9 AND TO THE BEGINNING OF A NON -
TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF
638.00 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 72°16'27"
WEST;
THENCE ALONG SAID NORTHEASTERLY LINE THE FOLLOWING
COURSES:
THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH
A CENTRAL ANGLE OF 27°53'41", AN ARC DISTANCE OF 310.61 FEET;
THENCE SOUTH 45°3714" EAST, A DISTANCE OF 576.76 FEET TO THE
BEGINNING OF A TANGENT CURVE, CONCAVE NORTHEASTERLY,
HAVING A RADIUS OF 888.00 FEET;
THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH
A CENTRAL ANGLE OF 27°46'24", AN ARC DISTANCE OF 430.45 FEET TO
THE POINT OF BEGINNING;
CONTAINING 1,145,007 SQUARE FEET OR 26.286 ACRES MORE OR
LESS.
PAGE 12 OF 23
A-13
RESOLUTION NO. 2021-10
lor
limp
EXHIBIT "A"
COMMUNITY FACILITIES DISTRICT 2021-1
LEGAL DESCRIPTION
(UNIVERSITY PARK)
ZONE 2 — PARCEL A:
BEGINNING AT I-IEREINADOVE DESCRIBED POINT "A";
THENCE NORTH 11°34'59" EAST, A DISTANCE OF 142.98 FEET;
THENCE NORTH 89°56'48" EAST, A DISTANCE OF 39.62 FEET TO THE
BEGINNING OF A TANGENT CURVE, CONCAVE NORTHERLY, HAVING A
RADIUS OF 800.00 FEET;
THENCE EASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A
CENTRAL ANGLE OF 17°37'12", AN ARC DISTANCE OF 246.02 FEET;
THENCE NORTH 72°19'36" EAST, A DISTANCE OF 4.07 FEET TO THE
BEGINNING OF A TANGENT CURVE, CONCAVE NORTHWESTERLY,
HAVING'A RADIUS OF 53.00 FEET;
THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, TI-IROUGI I
A CENTRAL ANGLE OF 90°21'27", AN ARC DISTANCE OF 83.58 FEET;
THENCE NORTH 18°01'51" WEST, A DISTANCE OF 254.25 FEET TO THE
BEGINNING OF A TANGENT CURVE, CONCAVE EASTERLY, HAVING A
RADIUS OF 800.00 FEET;
THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A
CENTRAL ANGLE OF 17°57'58", AN ARC DISTANCE OF 250.85 FEET;
THENCE NORTH 00°03'53" WEST, A DISTANCE OF 159.04 FEET;
THENCE NORTH 89°56'07" EAST, A DISTANCE .OF 113.04 FEET TO THE
BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHERLY, HAVING A
RADIUS OF 300.00 FEET;
THENCE EASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A
CENTRAL ANGLE OF 16°49'10", AN ARC DISTANCE OF 88.07 FEET;
PAGE 13 OF 23
A-14
RESOLUTION NO. 2021-10
usii
EXHIBIT "A"
COMMUNITY FACILITIES DISTRICT 2021-1
LEGAL DESCRIPTION
(UNIVERSITY PARK)
THENCE SOUTH 73°14'43" EAST, A DISTANCE OF 73.87 FEET TO THE
BEGINNING OF A NON -TANGENT CURVE, CONCAVE SOUTHEASTERLY,
HAVING A RADIUS OF 200.00 FEET, A RADIAL LINE TO SAID POINT
BEARS NORTH 73°14'43" WEST;
THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH
A CENTRAL ANGLE OF 48°50'20", AN ARC DISTANCE OF 170.48 FEET, A
RADIAL LINE TO SAID POINT BEARS NORTH 24°24'23" WEST;
THENCE NON -TANGENT TO SAID CURVE NORTH 24°24'23" WEST, A
DISTANCE OF 25.60 FEET TO THE BEGINNING OF A TANGENT CURVE,
CONCAVE EASTERLY, HAVING A RADIUS OF 200.00 FEET;
THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A
CENTRAL ANGLE OF 24°20'30", AN ARC DISTANCE OF 84.97 FEET;
THENCE NORTH 00°03'53" WEST, A DISTANCE OF 324.10 FEET;
THENCE NORTH 89°56'07" EAST, A DISTANCE OF 290.28 FEET TO THE
BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHERLY, HAVING A
RADIUS OF 200.00 FEET;
THENCE EASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A
CENTRAL ANGLE OF 21 °53'10", AN ARC DISTANCE OF 76.40 FEET;
THENCE SOUTH 68°10'43" EAST, A DISTANCE OF 131.40 FEET TO THE
BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHWESTERLY,
HAVING A RADIUS OF 53.00 FEET;
THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH
A CENTRAL ANGLE OF 68°06'50", AN ARC DISTANCE OF 63.01 FEET;
THENCE SOUTH 00°03'53" EAST, A DISTANCE OF 704.02 FEET TO THE
BEGINNING OF A TANGENT CURVE, CONCAVE NORTHWESTERLY,
HAVING A RADIUS OF 60,00 FEET;
THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE,
THROUGH A CENTRAL ANGLE OF 84°11'39", AN ARC DISTANCE OF 88.17
FEET;
PAGE 14 OF 23
..i
A-15
RESOLUTION NO. 2021-10
EXHIBIT "A"
COMMUNITY FACILITIES DISTRICT 2021-1
LEGAL DESCRIPTION
(UNIVERSITY PARK)
THENCE SOUTH 84°07'46" WEST, A DISTANCE OF 16.40 FEET TO THE
BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHERLY, HAVING A
RADIUS OF 1500.00 FEET;
THENCE WESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A
CENTRAL ANGLE OF 14°21'19", AN ARC DISTANCE OF 375.82 FEET;
THENCE ,SOUTH 69°46'27" WEST, A DISTANCE OF 107.71 FEET TO THE
BEGINNING OF A NON -TANGENT CURVE, CONCAVE EASTERLY, HAVING
A RADIUS OF 1000.00 FEET, A RADIAL LINE TO SAID POINT BEARS
SOUTH 72°29'18" WEST;
THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A
CENTRAL ANGLE OF 06°3T59", AN ARC DISTANCE OF 115.77 FEET;
THENCE SOUTH 24°08'41" EAST, A DISTANCE OF 126.76 FEET TO A
POINT ON THE SOUTHERLY LINE OF PARCEL 1 OF SAID PMW 10-167
AND THE BEGINNING OF A NON -TANGENT CURVE, CONCAVE
SOUTHEASTERLY, HAVING A RADIUS OF 1335.00 FEET, A RADIAL LINE
TO SAID POINT BEARS NORTH 24°08'41" WEST;
THENCE ALONG SAID SOUTHERLY LINE THE FOLLOWING COURSES:
THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE,
THROUGH A CENTRAL ANGLE OF 05°45'26", AN ARC DISTANCE OF
134.14 FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE
NORTHERLY, HAVING A RADIUS OF 975.00 FEET, A RADIAL LINE TO SAID
POINT BEARS SOUTH 29°54'07" EAST;
THENCE WESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A
CENTRAL ANGLE OF 29°48'35", AN ARC DISTANCE OF 507.27 FEET;
THENCE SOUTH 89°54'28" WEST, A DISTANCE OF 54.69 FEET, TO THE
POINT OF BEGINNING;
CONTAINING 763,742 SQUARE FEET OR 17.533 ACRES MORE OR. LESS.
PAGE 15 OF 23
RESOLUTION NO. 2021-10
EXHIBIT "A"
COMMUNITY FACILITIES DISTRICT 2021-1
LEGAL DESCRIPTION
(UNIVERSITY PARK)
ZONE 2 - PARCEL B:
BEGINNING AT THE MOST NORTHERLY NORTHWEST CORNER OF
PARCEL 4 OF SAID PARCEL MAP NO. 31730;
THENCE ALONG THE NORTHERLY AND NORTHEASTERLY LINE OF SAID
PARCEL 4 THE FOLLOWING COURSES:
THENCE NORTH 89°56'07" EAST, A DISTANCE OF 302.93 FEET TO THE
BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHWESTERLY,
HAVING A RADIUS OF 925.00 FEET;
THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH
A CENTRAL ANGLE OF 92°20'20", AN ARC DISTANCE OF 1490.75 FEET TO
THE BEGINNING OF A REVERSE CURVE, CONCAVE EASTERLY, HAVING
A RADIUS OF 1075.00 FEET, A RADIAL LINE TO SAID POINT BEARS
NORTH 87°43'33" WEST;
I HENCE ALONG I HE EAS I ERLY LINE OF SAIL) PARCEL 4 AND I HE
EASTERLY LINE OF PARCEL A OF SAID PMW 06-01 AND SOUTHERLY
ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF
27°51'06", AN ARC DISTANCE OF 522.56 FEET, TO THE MOST EASTERLY
CORNER OF SAID PARCEL A, A RADIAL LINE TO SAID POINT BEARS
SOUTH 64°25'21" WEST;
THENCE ALONG THE SOUTHEASTERLY LINE OF SAID PARCEL A THE
FOLLOWING COURSES:
THENCE NON -TANGENT TO SAID CURVE SOUTH 50°53'34" WEST, A
DISTANCE OF 181.44 FEET;
THENCE SOUTH 50°06'39" WEST, DISTANCE OF 364.36 FEET TO THE
MOST SOUTHERLY CORNER OF SAID PARCEL A;
THENCE ALONG THE SOUTHWESTERLY LINE OF SAID PARCEL A AND
THE SOUTHWESTERLY LINE OF PARCEL 6 OF SAID PARCEL MAP NO.
31730 THE FOLLOWING COURSES:
THENCE NORTH 39°53'21" WEST, A DISTANCE OF 63.45 FEET TO THE
BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHWESTERLY,
HAVING A RADIUS OF 1035.00 FEET;
PAGE 16 OF 23
RESOLUTION NO. 2021-10
EXHIBIT "A"
COMMUNITY FACILITIES DISTRICT 2021-1
LEGAL DESCRIPTION
(UNIVERSITY PARK)
THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE,
THROUGH A CENTRAL ANGLE OF 22°44'33", AN ARC DISTANCE OF
410.82 FEET;
THENCE NORTH 62°37'54" WEST, A. DISTANCE OF 251.00 FEET TO THE
BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHWESTERLY,
HAVING A RADIUS OF 1335.00 FEET;
THENCE WESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A
CENTRAL ANGLE OF 16°18'29", AN ARC DISTANCE OF 379.98 FEET TO
THE BEGINNING OF A REVERSE CURVE, CONCAVE NORTHEASTERLY,
HAVING A RADIUS OF 46.00 FEET, A RADIAL LINE TO SAID POINT BEARS
SOUTH 11 °03'37" WEST;
THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE,
THROUGH A CENTRAL ANGLE OF 87°03'38", AN ARC DISTANCE OF 69.90
FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE
WESTERLY, HAVING A RADIUS OF 3165.00 FEET, BEING A POINT ON THE
WESTERLY LINE OF SAID PARCEL 6, A RADIAL LINE TO SAID POINT
BEARS SOUTH 81 °52'45" EAST;
THENCE ALONG SAID WESTERLY LINE AND THE WESTERLY LINE OF
PARCEL 5 OF SAID PARCEL MAP NO. 31730 AND NORTHERLY ALONG
THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 08°11'08",
AN ARC DISTANCE OF 452.17 FEET;
THENCE CONTINUING ALONG SAID WESTERLY LINE NORTH 00°03'53"
WEST, A DISTANCE OF 217.72 FEET;
THENCE . NORTH 89°56'07" EAST, A DISTANCE OF 16.00 FEET TO
SOUTHWEST CORNER OF SAID PARCEL 4 OF PARCEL MAP 31730;
THENCE ALONG THE WESTERLY ,LINE OF SAID PARCEL 4 NORTH
00°03'53" WEST, A DISTANCE OF 541.08 FEET;
THENCE NORTH 57°01'48" EAST, A DISTANCE OF 20.25 FEET, TO THE
POINT OF BEGINNING;
CONTAINING 1,760,543 SQUARE FEET OR 40.417 ACRES MORE OR
LESS.
PAGE 17 OF 23
A-18
RESOLUTION NO. 2021-10
EXHIBIT "A"
COMMUNITY FACILITIES DISTRICT 2021-1
LEGAL DESCRIPTION
(UNIVERSITY PARK)
ZONE 2 - PARCEL C:
BEGINNING AT THE MOST NORTHWESTERLY CORNER OF ADJUSTED
PARCEL 9, OF SAID CERTIFICATE OF COMPLIANCE NO. 05-01, BEING A
POIN I UN A NON -I ANGLN I CURVE, CONCAVE NOR I HWES ! ERLY,
HAVING A RADIUS OF 1,051.00 FEET, A RADIAL LINE TO SAID POINT
BEARS S 15°12'05" E;
THENCE ALONG THE NORTHERLY LINE OF SAID ADJUSTED PARCEL 9
AND NORTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A
CENTRAL ANGLE OF 14°42'02", AN ARC DISTANCE OF 269.66 FEET, TO
THE BEGINNING OF A REVERSE CURVE, CONCAVE SOUTHEASTERLY,
HAVING A RADIUS OF 1,259.00 FEET, A RADIAL LINE TO SAID POINT
BEARS SOUTH 29°54'07" EAST;
THENCE CONTINUING ALONG SAID NORTHERLY LINE AND
NORTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A
CENTRAL ANGLE OF 05°45'26", AN ARC DISTANCE OF 126.51 FEET;
THENCE LEAVING SAID NORTHERLY LINE SOUTH 24°08'41" EAST, A
DISTANCE OF 57.79 FEET TO THE BEGINNING OF A TANGENT CURVE,
CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 500.00 FEET;
THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH
A CENTRAL ANGLE OF 28°27'27", AN ARC DISTANCE OF 248.34 FEET;
THENCE SOUTH 52°36'08" EAST, A DISTANCE OF 108.61 FEET TO THE
BEGINNING OF A TANGENT CURVE, CONCAVE NORTHEASTERLY,
HAVING A RADIUS OF 780.00 FEET;
THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH
A CENTRAL ANGLE OF 23°09'01", AN ARC DISTANCE OF 315.16 FEET;
THENCE SOUTH 75°45'09" EAST, A DISTANCE OF 498.84 FEET TO THE
BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHERLY, HAVING A
RADIUS OF 1,000.00 FEET;
THENCE EASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A
CENTRAL ANGLE OF 08°11'25", AN ARC DISTANCE OF 142.95 FEET, A
RADIAL LINE TO SAID POINT BEARS NORTH 22°26'16" EAST;
PAGE 18 OF 23
RESOLUTION NO. 2021-10
Ir
EXHIBIT "A"
COMMUNITY FACILITIES DISTRICT 2021-1
LEGAL DESCRIPTION
(UNIVERSITY PARK)
THENCE NON -TANGENT TO SAID CURVE NORTH 18°04'23" EAST, A
DISTANCE OF 82.05 FEET TO THE BEGINNING OF A TANGENT CURVE,
CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 1,000.00 FEET;
THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH
A CENTRAL ANGLE OF 10°03'37", AN ARC DISTANCE OF 175.58 FEET;
THENCE NORTH 28°08'00" EAST, A DISTANCE OF 229.77 FEET TO A
POINT ON THE NORTHERLY LINE OF SAID ADJUSTED PARCEL 9 AND
THE BEGINNING OF A NON -TANGENT CURVE, CONCAVE
SOUTHWESTERLY, HAVING A RADIUS OF 959.00 FEET, A RADIAL LINE
TO SAID POINT BEARS NORTH 30°44'10" EAST;
THENCE ALONG SAID NORTHERLY LINE AND SOUTHEASTERLY ALONG
THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 14°36'47",
AN ARC DISTANCE OF 244.59 FEET, TO THE MOST NORTHERLY
CORNER OF SAID DOCUMENT NO. 2008-0544124, A RADIAL LINE TO
SAID POINT BEARS NORTH 45°20'57" EAST;
THENCE ALONG THE WESTERLY AND SOUTHERLY LINES OF SAID
DOCUMENT NO. 2008-0544124 THE FOLLOWING COURSES:
THENCE SOUTH 45°20'57" WEST, A DISTANCE OF 120.70 FEET;
THENCE NORTH 89°56'20" WEST, A DISTANCE OF 15.66 FEET TO THE
BEGINNING OF A NON -TANGENT CURVE, CONCAVE NORTHWESTERLY,
HAVING A RADIUS OF 46.00 FEET, A RADIAL LINE TO SAID POINT BEARS
SOUTH 83°25'27" EAST;
THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE,
THROUGH A CENTRAL ANGLE OF 95°22'12", AN ARC DISTANCE OF 76.57
FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 11 °56.45" WEST;
THENCE SOUTH 26°59'27" WEST, A DISTANCE OF 125.86 FEET;
THENCE SOUTH 62°51'01" EAST, A DISTANCE OF 119.88 FEET;
PAGE 19 OF 23
A-20
RESOLUTION NO. 2021-10
EXHIBIT "A"
COMMUNITY FACILITIES DISTRICT 2021-1
LEGAL DESCRIPTION
(UNIVERSITY PARK)
THENCE SOUTH 26°59'33" WEST, A DISTANCE OF 110.63 FEET TO THE
BEGINNING OF A NON -TANGENT CURVE, CONCAVE SOUTHWESTERLY,
HAVING A RADIUS OF 61.00 FEET, A RADIAL LINE TO SAID POINT BEARS
NORTH 27°15'08" EAST;
THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH
A CENTRAL ANGLE OF 23°44'27", AN ARC DISTANCE OF 25.28 FEET, A
RADIAL LINE TO SAID POINT BEARS NORTH 50°59'35" EAST;
THENCE NON -TANGENT TO SAID CURVE NORTH 50°59'35" EAST, A
DISTANCE OF 48.70 FEET;
THENCE SOUTH 66°59'37" EAST, A DISTANCE OF 187.46 FEET TO THE
EASTERLY LINE OF ADJUSTED PARCEL 9 AS SHOWN IN SAID
CERTIFICATE OF COMPLIANCE NO. 05-01, AND THE BEGINNING OF A
NON -TANGENT CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF
638.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 58°40'18"
WEST;
THENCE ALONG SAID EASTERLY LINE AND SOUTHERLY ALONG THE
ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 49°03'15", AN
ARC DISTANCE OF 546.23 FEET, A RADIAL LINE TO SAID POINT BEARS
SOUTH 72°16'27" WEST;
THENCE LEAVING SAID EASTERLY LINE, SOUTH 65°27'31" WEST, A
DISTANCE OF 205.76 FEET TO THE BEGINNING OF A NON -TANGENT
CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 800.00 FEET, A
RADIAL LINE TO SAID POINT BEARS SOUTH 70°47'11" WEST;
THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A
CENTRAL ANGLE OF 03°41'16", AN ARC DISTANCE OF 51.49 FEET, A
RADIAL LINE TO SAID POINT BEARS SOUTH 74°28'27" WEST;
THENCE NON -TANGENT TO SAID CURVE, SOUTH 75°43'52" WEST, A
DISTANCE OF 354.89 FEET TO THE BEGINNING OF A TANGENT CURVE,
CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 200.00 FEET;
THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE,
THROUGH A CENTRAL ANGLE OF 24°31'22", AN ARC DISTANCE OF 85.60
FEET;
PAGE 20 OF 23
RESOLUTION NO. 2021-10
EXHIBIT "A"
COMMUNITY FACILITIES DISTRICT 2021-1
LEGAL DESCRIPTION
(UNIVERSITY PARK)
THENCE SOUTH 51 °12'30" WEST, A DISTANCE OF 148.74 FEET TO THE
SOUTHWESTERLY LINE OF SAID PARCEL 9;
THENCE ALONG SAID SOUTHWESTERLY LINE THE FOLLOWING
COURSES:
THENCE NORTH 38°47'30" WEST, A DISTANCE OF 352:95 FEET;
THENCE NORTH 41°55'34" WEST, A DISTANCE OF 49.31 FEET TO THE
BEGINNING OF A NON -TANGENT CURVE, CONCAVE SOUTHWESTERLY,
HAVING A RADIUS OF 866.00 FEET, A RADIAL LINE TO SAID POINT
BEARS NORTH 37°49'43" EAST;
THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE,
THROUGH A CENTRAL.ANGLE OF 06°12'44", AN ARC DISTANCE OF 93.89
FEET TO THE BEGINNING OF A REVERSE CURVE, CONCAVE
NORTHEASTERLY, HAVING A RADIUS OF 534.00 FEET, A RADIAL LINE TO
SAID POINT BEARS NORTH 31°36'59" EAST;
THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE,
THROUGH A CENTRAL ANGLE OF 48°23'57", AN ARC DISTANCE OF
451.08 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 80°00'56"
EAST;
THENCE NON -TANGENT TO SAID CURVE, NORTH 68°56'23" WEST, A
DISTANCE OF 69.74 FEET TO THE BEGINNING OF A TANGENT CURVE,
CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 536.00 FEET;
THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE,
THROUGH A CENTRAL ANGLE OF 31°12'18", AN ARC DISTANCE OF
291.92 FEET;
THENCE NORTH 37°44'05" WEST, A DISTANCE OF 373.26 FEET;
THENCE NORTH 32°01'27" WEST, A DISTANCE OF 138.08 FEET;
THENCE NORTH 15°12'05" WEST, A DISTANCE OF 57.73 FEET, TO THE
POINT OF BEGINNING.
CONTAINING 1,392,345 SQUARE FEET OR 31.964 ACRES MORE OR
LESS.
PAGE 21 OF 23
A-22
RESOLUTION NO. 2021-10
EXHIBIT "A"
COMMUNITY FACILITIES DISTRICT 2021-1
LEGAL DESCRIPTION
(UNIVERSITY PARK)
ZONE 3:
BEGINNING AT THE NORTHWEST CORNER OF ADJUSTED PARCEL 15,
SAID POINT ALSO BEING THE MOST EASTERLY CORNER OF ADJUSTED
PARCEL 9 OF SAID CERTIFICATE OF COMPLIANCE NO. 05-01, SAID POINT
BEING ON THE ARC OF A CURVE, CONCAVE NORTHERLY, HAVING A
RADIUS OF 888.00 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH
16°36'22" WEST;
THENCE EASTERLY ALONG THE NORTHERLY LINE OF SAID ADJUSTED
PARCEL 9 ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL
ANGLE OF 15°23'44", AN ARC DISTANCE OF 238.61 FEET;
THENCE CONTINUING ALONG SAID NORTHERLY LINE, SOUTH 88°47'22"
EAST, A DISTANCE OF 308.57 FEET TO THE BEGINNING OF A TANGENT
CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 43.00 FEET;
THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH
A CENTRAL ANGLE OF 90°00'00", AN ARC DISTANCE OF 67.54 FEET, TO
A POINT ON THE EASTERLY LINE OF SAID ADJUSTED PARCEL 15;
THENCE ALONG SAID EASTERLY THE FOLLOWING COURSES:
THENCE SOUTH 01°12'38" WEST, A DISTANCE OF 139.36 FEET TO THE
BEGINNING OF A TANGENT CURVE, CONCAVE NORTHWESTERLY,
HAVING A RADIUS OF 562.00 FEET;
THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE,
THROUGH A CENTRAL ANGLE OF 65°34'51", AN ARC DISTANCE OF
643.27 FEET;
THENCE SOUTH 66°47'29" WEST, A DISTANCE OF 150.08 FEET TO THE
BEGINNING OF A T'ANGENI CURVE, CONCAVE SOU'I HEAS I ERLY,
HAVING A RADIUS OF 638.00 FEET;
THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE,
THROUGH A CENTRAL ANGLE OF 30°03'53", AN ARC DISTANCE OF
334.78 FEET TO THE MOST SOUTHERLY CORNER OF SAID ADJUSTED
PARCEL 15;
PAGE 22 OF 23
RESOLUTION NO. 2021-10
Li
EXHIBIT "A"
COMMUNITY FACILITIES DISTRICT 2021-1
LEGAL DESCRIPTION
(UNIVERSITY PARK)
THENCE NORTH 53°16'24" WEST, ALONG THE SOUTHWESTERLY LINE
OF SAID ADJUSTED PARCEL 15 A DISTANCE OF 144.10 FEET TO THE
SOUTHWEST CORNER THEREOF, SAID POINT ALSO BEING THE MOST
SOUTHERLY CORNER OF ADJUSTED PARCEL 9 OF SAID CERTIFICATE
OF COMPLIANCE NO. 05-01;
THENCE ALONG THE SOUTHWESTERLY LINE OF SAID PARCEL 9,
NORTH 58°54'10" WEST, A DISTANCE OF 91.25 FEET;
THENCE LEAVING SAID SOUTHWESTERLY LINE NORTH 13°07'30" EAST,
A DISTANCE OF 502.86 FEET;
THENCE NORTH 37°22'19" EAST, A DISTANCE OF 159.41 FEET;
THENCE NORTH 78°23'07" EAST, A DISTANCE OF 21.35 FEET;
THENCE NORTH 38°44'49" EAST, A DISTANCE OF 115.54 FEET;
THENCE N 16°36'22" E, A DISTANCE OF 157.67 FEET TO THE POINT OF
BEGINNING.
CONTAINING 568,557 SQUARE FEET OR 13.052 ACRES MORE OR LESS.
(APN'S 694-190-053, 694-200-013, 694-200-014, 694-190-079, 694-190-072,
694-190-070, 694-190-010, 694-190-037, 694-190-055, 694-190-031, 694-190-
035, 694-190-058, 694-190-056, AND 694-190-038)
PREPARED BY OR UNDER THE DIRECTION OF:
g/e=„L P Af.„,
CHARLES R. HARRIS
DATED: 03/18/2021
P.L.S. 4989
PAGE 23 OF 23
VICINITY MAP
E
r I Legend .;�;5 n�
''
UG1YOfRMUOEBERT I jY�'xJi
I.
Legend
OProposed CFO Boundary
I 0 I Map Reference Number
Zone 1
1111 Zone 2
EL-) Zone 3
MAP OF PROPOSED BOUNDARIES OF
COMMUNITY FACILITIES DISTRICT NO. 2021-1
(UNIVERSITY PARK)
CITY OF PALM DESERT
COUNTY OF RIVERSIDE
STATE OF CALIFORNIA
A-25
VARNERW.'
NhTL
W-:h+E
VVVVVVS
FILED IN THE OFFICE OF THE CITY CLERK THIS
SHEET 1 OF 1
DAY OF , 20_.
I HEREBY CERTIFY THAT THE MT -IN MAP SHOWING PROPOSED BOUNDARIES OF
COMMUNITY FACILITIES DISTRICT N0. 2021-1 (UNIVERSITY PARK). CITY OF PALM
DESERT. COUNTY OF RIVERSIDE. STATE OF CALIFORNIA WAS APPROVED BY
THE CRY COUNCIL OF THE CITY OF PALM DESERT AT A REGULAR MEETING
THEREOF, HELD ON THE DAY OF 20
BY ITS RESOLUTION N0.
CITY CLERK
CRY OF PALM DESERT
FILED THIS DAY OF .20 AT THE HOUR OF
O'CLOCK .M. IN BOOK OF MAPS OF ASSESSMENT AND COMMUNITY FACIUIIES
DISTRICTS AT PAGE(S) _, IN THE OFFICE OF THE COUNTY RECORDER. COUNTY OF
RIVERSIDE, STATE OF CALIFORNIA
PETER ALDANA ASSESSOR -COUNTY CLERK -RECORDER
BY DEPUTY
COUNTY RECORDER
COUNTY OF RIVERSIDE
STATE OF CALIFORNIA
THE UNES AND DIMENSIONS OF EACH LOT OR PARCEL SHOWN ON THIS DIAGRAM SHALL
BE THOSE LINES AND DIMENSIONS AB SHOWN ON THE RIVERSIDE COUNTY ASSESSOR'S
MAPS FOR THOSE PARCELS LISTED.
THE RIVERSIDE COUNTY ASSESSOR'S MAPS SHALL GOVERN FOR ALL DETAILS
CONCERNING THE LINES AND DIMENSIONS OF SUCH LOTS OR PARCELS.
MIIP REFERENCE ASSESSOR'S MAP REFERENCE ASSESSORS
NUMBER PARCEL NUb18ER NUMBER PARCEL N(R/®ER
1 694-190-010 8 694-160-05B
2 694.190-031 9 694-190-058
3 699-190-035 10 694.190-070
4 694.190937 11 694-199-072
5 694-190-038 12 694-190-079
6 694-190-063 13 694-200-013
7 694-190-055 14 694-200-014
W I LLDAN
27366 Yw WDUSTRIA, SUITE R200
TEMECULA CA92580
(951)587-3500
0 1.- I•ZOZ 'ON NOIlf11OS32i