JAN. 4, 2019
LEGALS
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CFD No. 8 and not exempt from the special tax, no further proceedings to establish CFD No. 8 or authorize the specified special tax, shall be taken for a period of one year from the date of such funding by the Governing Board. If such majority protest is limited to certain Facilities or a specified special tax, those Facilities or the specified special tax shall be eliminated from the resolution of formation by the Governing Board. Section The Clerk or Secretary of the Governing Board is hereby directed to have a notice of the Hearing (“Notice”) published pursuant to Section 6061 of the Government Code of the State of California in a newspaper of general circulation published in the area of proposed CFD No. 8. Such Notice shall contain a summary of this Resolution, state the time and place of the Hearing, contain a statement that the testimony of all interested persons or taxpayers shall be heard, have a description of the protest rights of the registered voters and landowners within the boundaries of proposed CFD No. 8, and contain a description of the proposed voting procedure for the election required by the Act. Such publication shall be completed at least seven days prior to the date of the Hearing. Additionally, the Clerk or Secretary is hereby directed to file, or arrange to be filed, a copy of this Resolution in accordance with the provisions of Government Code Section 53315.6. Section (a) If, following the Hearing, and subject to the provisions of Section 14, above, the Governing Board determines to establish CFD No. 8, the Governing Board intends to then submit the levy of the special taxes in an election (“Election”) involving the qualified electors of CFD No. 8 pursuant to requirements contained in the Act and the applicable provisions of the California Elections Code. If at least 12 persons, who need not necessarily be the same 12 persons, have been registered to vote within CFD No. 8 for each of the 90 days preceding the close of the Hearing, the vote shall be by registered voters of CFD No. 8 with each voter having one vote. If there are 12 or less persons registered to vote for each of the 90 days preceding the close of the Hearing, pursuant to Section 53326 of the Act, the vote shall be by the landowners of CFD No. 8, with each landowner having one vote for each acre of land that he or she owns within the CFD No. 8 not exempt from the special tax. (b) The Election shall be conducted at least 90 days, but not more than 180 days, following the adoption of the Resolution of Formation adopted pursuant to Section 53325.1 of the Act. Notwithstanding the foregoing, the election may be conducted less than 90 days after the adoption of the Resolution of Formation with the unanimous consent of the qualified electors pursuant to Section 53326(a) of the Act. If the election is to be held less than 125 days following the close of the Hearing, the concurrence of the Election Official, as designated and defined herein, conducting the Election shall be required. (c) The School District staff and consultants are directed to undertake, with the San Diego County Registrar of Voters office, a review of the Project Area to determine the number of registered voters, if any, within the Project Area. The results of such review shall be provided to this Governing Board T.S. No.: 2018-01232-CA A.P.N.: 256-162-12-00 Property Address: 785 La Mirada Avenue, Encinitas, CA 92024 NOTICE OF TRUSTEE’S SALE PURSUANT TO CIVIL CODE § 2923.3(a) and (d), THE SUMMARY OF INFORMATION REFERRED TO BELOW IS NOT ATTACHED TO THE RECORDED COPY OF THIS DOCUMENT BUT ONLY TO THE COPIES PROVIDED TO THE TRUSTOR. NOTE: THERE IS A SUMMARY OF THE INFORMATION IN THIS DOCUMENT ATTACHED 本文件包含一个信息摘要 참고사항: 본 첨부 문서에 정보 요약서가 있습니다 NOTA: SE ADJUNTA
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at or prior to the adoption of the Resolution of Formation. (d) Based upon information furnished to the School District it is anticipated that there will be less than 12 registered voters within the Project Area and that the Election will be among landowner voters of CFD No. 8. Contingent upon the timely completion of the above-referenced events and requirements, the Governing Board is expected to call and hold the Election at the date and time of the Hearing. Also contingent on such actions and findings, this Governing Board hereby states it intends to appoint the District’s Assistant Superintendent, Business Services, or such District officer or employee as the Governing Board or District Superintendent shall hereafter designate in writing, to serve as the election official (“Election Official”) for the Election to be conducted within CFD No. 8, pursuant to Government Code Section 53327(b). (e) Pursuant to Government Code Section 53326(d) the Governing Board may determine to distribute the ballots for such Election by mail, or may allow such ballots to be distributed by hand. (f) Subject to the foregoing, in the Resolution of Formation the Governing Board shall provide for additional provisions and voter qualifications for the call and conduct of the Election, as the Governing Board shall determine and direct. Section The Community Facilities District Financing Policy is incorporated herein by this reference. The Community Facilities District Financing Policy is hereby made applicable to all proceedings for the formation of CFD No. 8 the authorization of special taxes, the authorization to incur bonded indebtedness and all other matters relating to CFD No. 8 unless expressly waived by action of this Governing Board. Pursuant to the provisions of the Act, this action shall constitute the adoption of a community facilities district financing policy for CFD No. 8. Section It is the intention of this Governing Board, acting as the Legislative Body for CFD No. 8 to cause Bonds, or other debt or securities of CFD No. 8, to be issued pursuant to the Act to finance in whole or in part the acquisition and construction of the Facilities. The Bonds intended to be issued to finance the Facilities shall be specified in a resolution adopted by this Governing Board pursuant to the provisions of the Act. Section No error, irregularity, informality, and no neglect or omission of any officer, in any procedure taken under this chapter, which does not directly affect the jurisdiction of the legislative body to order the installation of the facility or the provision of service, shall void or invalidate such proceeding or any levy for the costs of such facility or service. If any term, provision, finding, condition or directive of this Resolution, and the other proceedings for the formation of CFD No. 8, including, but not limited to, the authorization of the special tax, the authorization of the Bonds and related matters thereto shall, to any extent, be held invalid or unenforceable, the remainder of the proceedings, or the application of such term, provision, finding, condition or directive other than those to whom or which it is held invalid or unenforceable, shall not be affected thereby, and each such term, provision, finding, condition or directive shall be valid and enforceable to the
UN RESUMEN DE LA INFORMACIÓN DE ESTE DOCUMENTO TALA: MAYROONG BUOD NG IMPORMASYON SA DOKUMENTONG ITO NA NAKALAKIP LƯU Ý: KÈM THEO ĐÂY LÀ BẢN TRÌNH BÀY TÓM LƯỢC VỀ THÔNG TIN TRONG TÀI LIỆU NÀY IMPORTANT NOTICE TO PROPERTY OWNER: YOU ARE IN DEFAULT UNDER A DEED OF TRUST DATED 05/24/2006. UNLESS YOU TAKE ACTION TO PROTECT YOUR PROPERTY, IT MAY BE SOLD AT A PUBLIC SALE. IF YOU NEED AN EXPLANATION OF
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fullest extent provided by law. If this Resolution, or the proceedings relative to CFD No. 8 are held invalid or unenforceable as against any particular piece or parcel of property within CFD No. 8, the remainder of the proceedings, or the application of any term, provision, finding, condition or directive applicable to other parcels of properties as against which such holding is not applicable, shall continue to be valid and enforceable to the fullest extent provided by law. Section That the Superintendent and Assistant Superintendent, Business Services of the School District, or their designee(s), and other officers of the School District, are authorized to take any and all actions necessary to implement the orders and directives of this Resolution to proceed with the establishment of proposed CFD No. 8 and the authorization of special taxes of CFD No. 8, within the time periods specified by the Act. APPROVED, ADOPTED, AND SIGNED on this 18th day of December, 2018. GOVERNING BOARD OF THE SAN MARCOS UNIFIED SCHOOL DISTRICT EXHIBIT “A” DESCRIPTION OF FACILITIES TO BE FINANCED The description of facilities to be financed though CFD No. 8 is on file with the Clerk of the Governing Board and is available for public review at the School District’s business offices located at the North County Regional Educational Center, 255 Pico Avenue, San Marcos, California, 92069. EXHIBIT “B” BOUNDARY MAP OF PROPOSED COMMUNITY FACILITIES DISTRICT NO. 8 The boundary map of proposed CFD No. 8 is on file with the Clerk of the Governing Board and is available for public review at the School District’s business offices located at the North County Regional Educational Center, 255 Pico Avenue, San Marcos, California, 92069. EXHIBIT “C” PROPOSED RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES The proposed Rate and Method of Apportionment of Special Taxes for CFD No. 8 is on file with the Clerk of the Governing Board and is available for public review at the School District’s business offices located at the North County Regional Educational Center, 255 Pico Avenue, San Marcos, California, 92069. The foregoing is a summary of Resolution # 25-18/19 and does not purport to contain all of the information set out in that Resolution. The full text of such Resolution, and the Exhibits thereto, can be reviewed at the School District’s business offices located at the North County Regional Educational Center, 255 Pico Avenue, San Marcos, California, 92069, and reference is made thereto as to the information contained therein.
THE NATURE OF THE PROCEEDING AGAINST YOU, YOU SHOULD CONTACT A LAWYER. Trustor: Mikael Mathews and Ranelle Mathews, Husband and Wife as Joint Tenants Duly Appointed Trustee: Western Progressive, LLC Deed of Trust Recorded 05/31/2006 as Instrument No. 2006-0384491 in book ---, page-- and of Official Records in the office of the Recorder of San Diego County, California, Date of Sale: 01/31/2019 at 10:30 AM Place of Sale: AT THE ENTRANCE TO THE EAST COUNTY REGIONAL CENTER BY THE STATUE, 250 E. MAIN STREET, EL CAJON, CA 92020 Estimated
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amount of unpaid balance, reasonably estimated costs and other charges: $ 460,980.24 NOTICE OF TRUSTEE’S SALE THE TRUSTEE WILL SELL AT PUBLIC AUCTION TO HIGHEST BIDDER FOR CASH, CASHIER’S CHECK DRAWN ON A STATE OR NATIONAL BANK, A CHECK DRAWN BY A STATE OR FEDERAL CREDIT UNION, OR A CHECK DRAWN BY A STATE OR FEDERAL SAVINGS AND LOAN ASSOCIATION, A SAVINGS ASSOCIATION OR SAVINGS BANK SPECIFIED IN SECTION 5102 OF THE FINANCIAL CODE AND AUTHORIZED TO DO BUSINESS IN THIS STATE:
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CITY OF ENCINITAS DEVELOPMENT SERVICES DEPARTMENT LEGAL NOTICE OF PUBLIC HEARING BY THE PLANNING COMMISSION PLACE OF MEETING:
Council Chambers, Civic Center 505 South Vulcan Avenue Encinitas, CA 92024
THE ABOVE MENTIONED AGENCY IS AN EQUAL OPPORTUNITY PUBLIC ENTITY AND DOES NOT DISCRIMINATE ON THE BASIS OF RACE, COLOR, ETHNIC ORIGIN, NATIONAL ORIGIN, SEX, RELIGION, VETERANS STATUS OR PHYSICAL OR MENTAL DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICE. IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT/SECTION 504 REHABILITATION ACT OF 1973, IF YOU NEED SPECIAL ASSISTANCE TO PARTICIPATE IN THIS MEETING, PLEASE CONTACT THE DEVELOPMENT SERVICES DEPARTMENT AT (760) 633-2710. It is hereby given that a Public Hearing will be held on Thursday, the 17th day of January, 2019, at 6 p.m., or as soon as possible thereafter, by the Encinitas Planning Commission to discuss the following hearing items of the City of Encinitas: 1. PROJECT NAME: Hosseini Twin Home; CASE NUMBER: 14-287 V/DR/CDP; FILING DATE: November 18, 2014; APPLICANT: Ali Hosseini; LOCATION: 2155 Manchester Avenue (261-06207) PROJECT DESCRIPTION: A continued public hearing to consider a Variance, Design Review Permit and Coastal Development Permit to demolish an existing single-family residence and construct a new twinhome on two existing legal lots with a Variance request for all side yard setbacks in order to attach the proposed two-car garages for each unit at the interior side yard property lines and a portion of the living space for both units along the exterior side yards. There is an existing sewer easement on the south end of the project site that has sewer easement clearance issues in question from the proposed southerly unit and the projections associated on this elevation. ZONING/OVERLAY: The project site is located in the Residential 15 (R-15) Zone and the Coastal Zone. ENVIRONMENTAL STATUS: The project is exempt from environmental review pursuant to the California Environmental Quality Act (CEQA) Guidelines. STAFF CONTACT: Todd Mierau, Associate Planner: (760) 633-2693 or tmierau@encinitasca.gov 2. PROJECT NAME: Mr. Peabody’s Dancing and Live Entertainment; CASE NUMBER: 18-131 MINMOD/CDP; FILING DATE: January 18, 2018; APPLICANT: Brie Cardosa; LOCATION: 136 Encinitas Boulevard (APN 258-090-39); PROJECT DESCRIPTION: Public hearing to modify PBD2010-25 (Case No. 10-013 MINMOD/CDP) dated September 29, 2010 to include daily live entertainment and incidental dancing for an existing restaurant; ZONING/OVERLAY: The project site is located in the General Commercial (GC) Zone, Cultural/Natural Resources Overlay Zone (C/ NRO), Scenic/Visual Corridor Overlay (S/VCO) Zone, and the Coastal Commission Appeal Jurisdiction of the Coastal Zone; ENVIRONMENTAL STATUS: The project is exempt from environmental review pursuant to the California Environmental Quality Act (CEQA) Guidelines. STAFF CONTACT: J. Dichoso, Associate Planner, 760-633-2681, jdichoso@encinitasca.gov 3. PROJECT NAME: Trask Single-family Residential Renovation; CASE NUMBER: 18-068 CDP; FILING DATE: March 27, 2018; APPLICANT: Travis and Alyssa Trask; LOCATION: 1470 Neptune Avenue (APN 254-210-01); PROJECT DESCRIPTION: Public hearing to renovate an existing single-family residence with a 250-square foot addition, reroof, landscaping, and site improvements; ZONING/OVERLAY: The project site is located in the Residential-11 (R-11) Zone, Ecological Resource/Open Space/Park (ER/OS/PK) Zone, Coastal Bluff Overlay Zone, and the Coastal Commission Appeal Jurisdiction of the Coastal Zone; ENVIRONMENTAL STATUS: The project is exempt from environmental review pursuant to the California Environmental Quality Act (CEQA) Guidelines. STAFF CONTACT: J. Dichoso, Associate Planner, 760-633-2681, jdichoso@encinitasca.gov 4. PROJECT NAME: El Camino Real Building; CASE NUMBER: 18-022 DR; FILING DATE: March 13, 2018; APPLICANT: Gary Dewitt; LOCATION: North El Camino Real (APN: 257-040-16) PROJECT DESCRIPTION: Public hearing to consider a Design Review Permit to allow for the construction of an 11,200-square foot office building including 6,000 square feet of general professional office space and 5,200 square feet of medical office space. The project includes a parking garage, landscaping, monument signage, signage, grading and an open space area preserving sensitive vegetation and steep slopes. ZONING/OVERLAY: The project site is located in the General Commercial (GC) Zone, Scenic/Visual Corridor Overlay (S/VCO) zone, and Cultural Resources Overlay Zone. ENVIRONMENTAL STATUS: The project is exempt from environmental review pursuant to the California Environmental Quality Act (CEQA) Guidelines. STAFF CONTACT: Todd Mierau, Associate Planner: (760) 633-2693 or tmierau@encinitasca.gov An appeal of the Planning Commission determination, accompanied by the appropriate filing fee, may be filed by 5 p.m. on the 15th calendar day following the date of the Commission’s determination. Appeals will be considered by the City Council pursuant to Chapter 1.12 of the Municipal Code. Any filing of an appeal will suspend this action as well as any processing of permits in reliance thereon in accordance with Encinitas Municipal Code Section 1.12.020(D)(1) until such time as an action is taken on the appeal. Items 1, 2 and 3 are located within the Coastal Zone and requires issuance of a regular Coastal Development Permit. The action of the Planning Commission or City Council on Item 1 may not be appealed to the California Coastal Commission. The action of the Planning Commission or City Council on Items 2 and 3 may be appealed to the California Coastal Commission. Under California Government Code Section 65009, if you challenge the nature of the proposed action in court, you may be limited to raising only the issues you or someone else raised regarding the matter described in this notice or written correspondence delivered to the City at or before the time and date of the determination. For further information, or to review the application prior to the hearing, please contact staff or contact the Development Services Department, 505 South Vulcan Avenue, Encinitas, CA 92024 at (760) 633-2710 or by email at planning@encinitasca.gov. 01/04/19 CN 22706 All right, title, and interest conveyed to and now held by the trustee in the hereinafter described property under and pursuant to a Deed of Trust described as: More fully described in said Deed of Trust. Street Address or other common designation of real property: 785 La Mirada Avenue, Encinitas, CA 92024 A.P.N.: 256-162-12-00 The undersigned Trustee disclaims any liability for any incorrectness of the street address or other common designation, if any, shown above. The sale will be made, but without covenant or warranty, expressed or implied, regarding title, possession, or encumbrances, to pay the remaining principal sum of the note(s) secured by the Deed of Trust with interest thereon, as provided in said note(s), advances, under the terms of said Deed of Trust, fees, charges and expenses of the Trustee
and of the trusts created by said Deed of Trust. The total amount of the unpaid balance of the obligation secured by the property to be sold and reasonable estimated costs, expenses and advances at the time of the initial publication of the Notice of Sale is: $ 460,980.24. Note: Because the Beneficiary reserves the right to bid less than the total debt owed, it is possible that at the time of the sale the opening bid may be less than the total debt. If the Trustee is unable to convey title for any reason, the successful bidder’s sole and exclusive remedy shall be the return of monies paid to the Trustee, and the successful bidder shall have no further recourse. The beneficiary of the Deed of Trust has executed and delivered to the undersigned a written request to commence foreclosure, and the undersigned caused a Notice of
Default and Election to Sell to be recorded in the county where the real property is located. NOTICE OF TRUSTEE’S SALE NOTICE TO POTENTIAL BIDDERS: If you are considering bidding on this property lien, you should understand that there are risks involved in bidding at a trustee auction. You will be bidding on a lien, not on the property itself. Placing the highest bid at a trustee auction does not automatically entitle you to free and clear ownership of the property. You should also be aware that the lien being auctioned off may be a junior lien. If you are the highest
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