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HomeMy WebLinkAbout2005-08-09; City Council; 18234; Street Lighting & Landscaping District No. 2CITY OF CARLSBAD - AGENDA BILL TITLE: STREET LIGHTING AND LANDSCAPING DISTRICT NO. 2 AB# 18,234 I MTG. 08/09/05 DEPT. FIN ANNEXATION OF THE GREENS AND THE RIDGE ~~ ____~ ~ RECOMMENDED ACTION: Adopt Resolution No. 2005-245 and Resolution No. 2005-246 ordering the annexation of territory to Street Lighting and Landscaping District No. 2 and confirming the levy of assessments. ITEM EXPLANATION: Backqround On November 18, 2003, the City Council formed Street Lighting and Landscaping District No. 2 (“District No. 2”). District No. 2 was formed for new development in the City, to pay for the costs of street lights, street trees and medians within those areas. Street lights, street trees and medians in the developed parts of the City are paid from assessments within Street Lighting and Landscaping District No. 1 (“District No. I”). Each development within District No. 2 is considered a separate zone, with their own assessment based on the costs for that particular area of the City. There are currently six zones in District No. 2, including Calavera Hills II, Kelly Ranch, the Oaks South, the ThompsonTTabata, Palomar Forum and Bressi Ranch developments. The City requires developers of larger communities within the City to be annexed into District No. 2, as a condition for development. Annexation of the Greens The Greens development is required to annex into District No. 2 as a condition for development. The property owners, WL La Costa 61 Associates, LLC, WL La Costa 68 Associates, LLC, Warmington Homes California, Pulte Home Corporation, Real Estate Collateral Management Company, KB Home Coastal, Inc. and Western Pacific Housing Inc., have completed the required Agreement Regarding Annexation of Certain Real Property to the City of Carlsbad Street Lighting and Landscape District No. 2 and Approval of the Levy of Assessments on Such Real Property (“Agreement”), and, have cast positive ballots for the annexation of property. The election was held on July 28, 2005. The City Clerk completed a Statement of Votes Cast showing 6 votes cast in favor of the proposition, zero votes cast against the proposition and 1 ballot was not returned. Through the signing of the Agreements, the property owners have waived all of the procedural requirements as prescribed in the Landscaping Act to the annexation of their property to District No. 2. Council may formally authorize the annexation by certifying and adding the property into District No. 2. After Council authorization, a Notice of Annexation (on file with the City Clerk) will be filed with the County Recorder. Annexation of the Ridqe The Ridge property is required to annex into District No. 2 as a condition for development. The property owner, Real Estate Collateral Management Company, has completed the required Agreement Regarding Annexation of Certain Real Property to City of Carlsbad Street Lighting and Landscape District No. 2 and Approval of the Levy of Assessments on Such Real Property (“Agreement”) and have cast a positive ballot for the annexation of Page 2 of Agenda Bill # 18,234 ~ ~ will be filed with the County Recorder. Council may formally authorize the annexation by certifying and adding the property into District No. 2. After Council authorization, a Notice of Annexation (on file with the City Clerk) property. The election was held on July 28, 2005. The City Clerk completed a Statement of Votes Cast showing 1 vote cast in favor of the proposition and zero votes cast against the proposition. Through the signing of the Agreement, the property owner has waived all of the procedural requirements as prescribed in the Landscaping Act to the annexation of their property to District No. 2. The maximum annual assessment rate per equivalent dwelling unit (EDU) in the Greens ranges from $102.48 to $330.59 for fiscal year 2005-06, and $31.84 per EDU in the Ridge. These assessments vary between and within developments depending on the density of fact that the Ridge is comprised of private versus public streets. l each area, the amount and types of improvements being maintained in each area, and the i I Through the use of the simplified annexation procedure, both the City and the owners are able to avoid election costs and additional time delays. Each development has paid a fee of $4,400 to cover annexation processing and assessment engineering costs. FISCAL IMPACT: l EXHIBITS: The parcels within these newly annexed properties will not be assessed until the 2006-07 fiscal year. In June of 2006, staff will return to Council to set the maximum and actual assessment rates for the 2006-07 fiscal year for each zone in District No. 2. The maximum rate is the maximum annual assessment rate that can be assessed on a particular parcel. The rate is calculated by adding up all the costs of maintenance and replacements, assuming that all of the improvements in each zone were fully maintained by the City. However, in both the Greens and Ridge properties, a portion of the improvements will be maintained by the homeowners association (HOA). In order to determine the actual annual assessment, the calculated cost of maintaining any improvement, which is borne by an HOA, will be subtracted from the maximum annual assessment. The maximum assessment rate can only increase by the change in the Consumer Price Index (CPI) on an annual basis. ~ I. Resolution No. 2005-245 ordering the annexation of territory to Street Lighting and Landscaping District No. 2 and confirming the levy of assessments therein, with Exhibits A, B and C. (the Greens). 2. Resolution No. 2005-246 ordering the annexation of territory to Street Lighting and Landscaping District No. 2 and confirming the levy of assessments therein, with Exhibits A, B and C. (the Ridge). DEPARTMENT CONTACT: Kevin Branca (760) 602-2430, kbran@ci. carlsbad. ca. us 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Exhibit 1 RESOLUTION NO. 2005-245 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ORDERING THE ANNEXATION OF TERRITORY TO STREET LIGHTING AND LANDSCAPING DISTRICT NO. 2 AND CONFIRMING THE LEVY OF ASSESSMENTS THEREIN WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAD, CALIFORNIA, has undertaken proceedings to form and did form a special maintenance district and to authorize the levy of assessments therein to finance the annual maintenance and servicing of certain landscaping and lighting improvements described in Exhibit A attached hereto and incorporated herein by this reference (the “Improvements”) pursuant to the terms of the “Landscaping and Lighting Act of 1972”, being Division 15, Part 2 of the Streets and Highways Code of the State of California (the “Landscaping Act”), Article XlllD of the Constitution of the State of California (“Article XlllD”) and the Proposition 218 Omnibus Implementation Act (Government Code Section 53750 and following) (the “Implementation Act”) (the Landscaping Act, Article XlllD and the Implementation Act may be referred to collectively herein as the “Assessment Law”), such special maintenance district known and designated as STREET LIGHTING AND LANDSCAPING DISTRICT NO. 2 (the “Maintenance District”); and WHEREAS, the provisions of Article 2 of Chapter 2 of the Landscaping Act authorize and establish procedures for the annexation of territory to the Maintenance District; and WHEREAS, Section 22608 of the Landscaping Act provides that the requirements of the Landscaping Act for the preparation of resolutions, an Engineer’s Report, the notice of a public hearing to consider such annexation, the conduct of such a public hearing and the right of majority protest may be waived with the written consent of all owners of property within the territory proposed to be annexed to the Maintenance District; and WHEREAS, Article XlllD and the Implementation Act also establish certain procedural requirements that must be followed in order to authorize the levy assessments within territory annexed to the Maintenance District; and 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Exhibit 1 WHEREAS, the owners (each, an “Owner” and collectively, the “Owners”) of the properties identified in Exhibit B attached hereto and incorporated herein by this reference (each, a “Property” and collectively, the “Territory”) have entered into separate “Agreements Regarding Annexation of Certain Real Property to Street Lighting and Landscaping District No. 2 of the City of Carlsbad and Approval of the Levy of Assessments on Such Real Property” (each, an “Annexation Agreement”); and WHEREAS, by entering into such Annexation Agreements, each of the Owners represented that such Owner desires that the Property owned by such Owner within the Territory be annexed to the Maintenance District and that Maximum Annual Assessment as set forth in Exhibit C attached hereto and incorporated herein by this reference be authorized to be levied against such Property; and WHEREAS, by entering into such Annexation Agreements and submitting the assessment ballots contained in such Annexation Agreements, each of the Owners has acknowledged the rights that such Owner has under the Assessment Law related to the annexation of such Owner‘s Property to the Maintenance District and the levy of assessments on such Property and each such Owner has knowingly, intelligently, voluntarily and irrevocably: A. Waived any and all of the procedural requirements as prescribed in the Landscaping Act to the annexation of such Owner’s Property to the Maintenance District; B. Expressly consented to the annexation of such Owner’s Property to the Maintenance District; C. Waived any and all of the procedural requirements as prescribed in the Landscaping Act and/or Article XlllA applicable to the authorization to levy the Maximum Annual Assessment against such Owner’s Property; D. Declared such Owner’s support for, consent to and approval of the authorization to levy the Maximum Annual Assessment against such Owner’s Property; E. Declared such Owner’s support for, consent to and approval of the adjustment in the Maximum Annual Assessment for inflation pursuant to the formula set herein below; and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Exhibit 1 F. Waived protest, complaint or legal action of any nature whatsoever pertaining to the annexation of such Owner’s Property to the Maintenance District and/or to the levy of the Maximum Annual Assessment against such Owner’s property; and WHEREAS, this City Council now desires to annex the Territory to the Maintenance District and confirm the levy of assessments against the Properties within the Territory. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. 2. Recitals. The above recitals are all true and correct. Findinqs and Determinations. This City Council hereby finds and determines as follows: A. Each of the Owners has expressed such Owner’s desire that such Owner’s Property within the Territory be annexed to the Maintenance District. B. Each of the Owners has waived all procedural requirements under the Assessment Law applicable to the annexation of such Owner’s Property to the Maintenance District. C. Each of the Owners has declared such Owner‘s support for the levy of annual assessments on such Owner’s Property in amounts not to exceed the Maximum Annual Assessment and the adjustment of the Maximum Annual Assessment by the increase for the cost of living each year according to the change in the Consumer Price Index for the San Diego County area. D. The Maximum Annual Assessments proposed to be authorized to be levied on each Property within the Territory shall not exceed the reasonable cost of the proportional special benefit on each such Property conferred by the Improvements. E. The proportionate special benefit derived by each individual Property assessed has been determined in relationship to the entirety of the cost of the maintenance of the Improvements. F. G. Only the special benefits have been assessed. There are no publicly owned parcels within the Territory. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Exhibit 1 3. Annexation. This City Council hereby orders the annexation of the Territory to the District. 4. Levy of Assessments. This City Council hereby confirms the levy of annual assessments against the lots and parcels within the Territory in amounts not to exceed the applicable Maximum Annual Assessment. The Maximum Annual Assessments will be increased each Fiscal Year without further compliance with the assessment ballot procedures required under the Assessment Law by the annual increase in the Consumer Price Index (CPI), during the preceding year ending in March, for All Urban Consumers for the San Diego County area. 5. Ordering of Maintenance. The public interest and convenience requires, and this legislative body does hereby order the maintenance of the Improvements be made and performed as said maintenance work is set forth in Exhibit A hereto. 6. Filing with City Clerk. The above-referenced diagram and assessment shall be filed in the Office of the City Clerk. Said diagram and assessment, and the certified copy thereof, shall be open for public inspection. 7. adoption. Effective Date. This Resolution of Intention shall take effect immediately upon its PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 9th day of AUGUST , 2005 by the following vote, to wit: AYES: Council Members Lewis, Hall, Kulchin, Packard, Sigafoose NOES: None ABSENT: None ATTEST: (SEAL) b EXHIBIT A THE IMPROVEMENTS AND THE MAINTENANCE The Improvements. The Improvements that specially benefit the properties within the Territory are described as follows: . Medians in Palomar Airport Road, El Camino Real, and Poinsettia Lane. . Parkway trees within and directly adjacent to the residential development, except the residential estate area that has private streets. The landscaping improvements to be maintained and serviced include, but are not limited to, plants, shrubbery and trees, irrigation systems, hardscapes, fixtures, sidewalks and appurtenant facilities. Such landscaping improvements may be located in public street and sidewalk rights-of-way, including medians, parkways and dedicated easements within the boundaries of the Maintenance District. . Street lighting within and directly adjacent to the development, except the residential estate area that has private streets. The street lighting improvements to be maintained and serviced include, but are not limited to, poles, fixtures, bulbs, conduits, conductors, equipment including guys, anchors, posts and pedestals, metering devices and appurtenant facilities as required to provide street lighting and traffic signals in public street and sidewalk rights-of-way and dedicated easements within the boundaries of the Maintenance District. The Maintenance. The maintenance of such improvements shall include the furnishing of services and materials for the ordinary and usual maintenance, operation, repair and servicing of such landscaping and street lighting improvements and appurtenant facilities, including repair, removal or replacement of all or a part of any landscaping, public lighting or appurtenant facilities; providing for the life, growth, health and beauty of the landscaping, including cultivation, irrigation, trimming, spraying, fertilizing and treating for disease or injury; the removal of trimmings, rubbish, debris and other solid waste; and the cleaning, sandblasting, and painting of improvements to remove or cover graffiti. The servicing of the improvements shall include the furnishing of water for the irrigation of the landscaping and the maintenance of any of the public lighting improvements and the furnishing of electric current or energy, gas or other illuminating agent for the public lighting facilities, or for the lighting or operation of the landscaping improvements and the administration of all aspects of the Maintenance District. A- I 7 EXHIBIT B THE OWNERS AND THE OWNERS' PROPERTIES Name of Owner Descrbtion of Owner's ProDertv (Assessor's Parcel Number) Barratt American Incorporated 21 3-1 22-03 (por.) Bressi Gardenlane, LLC 21 3-1 20-09 & -1 0 21 3-1 21 -04, -05, & -06 21 3-1 22-03 (por.) 21 3-1 22-05 & -06 213-190-01, -02, & -03 21 3-1 91 -0 1 Bressi Ranch Development, LLC 213-120-01, -02, -03, & -04 21 3-1 21-01 Greystone Homes, Inc 21 3-1 30-01 to -64 21 3-140-01 to -37 213-141-01 to -64 21 3-1 50-01 to -42 213-151-01 to -55 21 3-1 60-01 to -24 213-161-01 to -15 213-162-01 to -35 21 3-1 70-01 to -54 213-171-01 to -34 21 3-1 80-01 to -33 21 3-1 81 -01 to -65 LNR Bressi Commercial, Inc 213-191-02 6 -1 Description Maximum of Property Annual (APN) Assessment 2 13-1 20-01 $722.27 EXHIBIT C MAXIMUM ANNUAL ASSESSMENT 2 1 3-1 20-02 213-120-03 2 13-1 20-04 21 3-1 20-09 213-120-10 21 3-1 21 -01 21 3-1 21 -02 21 3-1 21 -04 21 3-1 2 1-05 21 3-1 21 -06 21 3-1 22-03 2 1 3-1 22-05 21 3-1 22-06 213-1 30-01 21 3-1 30-02 21 3-1 30-03 21 3-1 30-04 213-130-05 2 13-1 30-06 213-130-07 21 3-1 30-08 2 13- 1 30-09 2 1 3-1 30- 1 0 213-130-11 21 3-1 30-12 213-130-13 2 1 3-1 30-1 4 21 3-1 30-1 5 213-1 30-16 213-130-1 7 21 3-1 30-1 8 213-130-19 213-130-20 2 1 3-1 30-2 1 2 1 3- I 30-22 2 1 3- 1 30-23 21 3-1 30-24 213-130-25 213-130-26 213-130-27 213-130-28 213-130-29 2 1 3-1 30-30 $8,215.42 $15,377.68 $13,997.17 $0.00 $1,057.13 $9,304.1 7 $402.05 $0.00 $0.00 $0.00 $1,149.00 $4,856.67 $0.00 $177.52 $1 77.52 $1 77.52 $177.52 $1 77.52 $1 77.52 $1 77.52 $177.52 $177.52 $1 77.52 $1 77.52 $1 77.52 $177.52 $177.52 $1 77.52 $177.52 $1 77.52 $177.52 $177.52 $1 77.52 $1 77.52 $1 77.52 $1 77.52 $1 77.52 $1 77.52 $177.52 $177.52 $177.52 $177.52 $177.52 Description Maximum of Property Annual (APN) Assessment 21 3-1 30-31 $177.52 213-130-32 2 1 3- 1 30-33 21 3-130-34 21 3-130-35 2 13-1 30-36 21 3-1 30-37 213-130-38 2 13-1 30-39 21 3-1 30-40 21 3-1 30-41 213-130-42 21 3-1 30-43 2 1 3- 130-44 213-130-45 213-130-46 213-130-47 213-130-48 213-130-49 213-130-50 213-130-51 2 1 3-1 30-52 213-130-53 213-1 30-54 213-130-55 213-130-56 2 13-1 30-57 2 13-1 30-58 2 1 3- 130-59 2 1 3- 1 30-60 2 13-130-61 21 3-1 30-62 21 3-1 30-63 2 13-1 30-64 2 1 3-1 40-01 213-140-02 213-140-03 21 3-1 40-04 21 3-140-05 213-140-06 2 1 3-1 40-07 213-140-08 213-140-09 21 3-140-1 0 $1 77.52 $177.52 $1 77.52 $177.52 $177.52 $177.52 $177.52 $177.52 $177.52 $177.52 $177.52 $177.52 $1 77.52 $1 77.52 $177.52 $177.52 $177.52 $177.52 $177.52 $177.52 $177.52 $177.52 $177.52 $177.52 $177.52 $177.52 $177.52 $1 77.52 $177.52 $177.52 $177.52 $177.52 $0.00 $177.52 $177.52 $177.52 $177.52 $177.52 $177.52 $177.52 $177.52 $177.52 $177.52 Description Maximum of Property Annual (APN) Assessment 213-140-1 1 $177.52 21 3-140-1 2 213-140-1 3 21 3-1 40-1 4 21 3-1 40-1 5 213-140-16 21 3-140-1 7 213-140-18 2 1 3-1 40-1 9 2 1 3- 140-20 2 1 3-1 40-2 1 213-140-22 213-140-23 21 3-140-24 213-140-25 21 3-1 40-26 21 3-1 40-27 213-140-28 21 3-1 40-29 21 3-1 40-30 2 1 3-1 40-3 1 2 1 3- 140-32 2 13- 140-33 213-140-34 213-140-35 21 3-140-36 2 13-140-37 21 3-1 41 -01 21 3-1 41 -02 21 3-1 41 -03 2 I 3-1 4 1 -04 21 3-1 41 -05 2 1 3-1 4 1 -06 21 3-1 41 -07 2 1 3-1 41 -08 21 3-141 -09 21 3-141 -1 0 213-141-11 2 1 3-1 4 1-1 2 21 3-141 -1 3 21 3-141 -14 21 3-141 -1 5 21 3-141 -1 6 21 3-141 -1 7 $1 77.52 $177.52 $177.52 $1 77.52 $177.52 $177.52 $177.52 $1 77.52 $177.52 $177.52 $1 77.52 $1 77.52 $177.52 $1 77.52 $177.52 $1 77.52 $177.52 $1 77.52 $177.52 $1 77.52 $177.52 $177.52 $1 77.52 $1 77.52 $0.00 $0.00 $1 77.52 $177.52 $177.52 $177.52 $177.52 $177.52 $177.52 $177.52 $177.52 $177.52 $1 77.52 $1 77.52 $1 77.52 $1 77.52 $1 77.52 $1 77.52 $177.52 c -1 Description Maximum of Property Annual (APN) Assessment 21 3-141-1 8 $177.52 21 3-141-1 9 2 13-14 1-20 2 1 3-1 41 -21 21 3-1 41 -22 21 3-1 41 -23 21 3-1 41 -24 21 3-1 41 -25 21 3-14 1-26 21 3-1 41 -27 21 3-141 -28 21 3-1 41 -29 21 3-1 41 -30 2 1 3-1 41 -3 1 21 3-1 41 -32 2 1 3-1 4 1 -33 21 3-141 -34 21 3-141-35 21 3-1 41 -36 2 1 3-1 4 1 -37 213-141-38 213-141-39 21 3-1 41 -40 213-141-41 2 13-141 -42 2 13-141 -43 2 13-14 1-44 2 1 3-1 41 -45 21 3-141 -46 21 3-1 41 -47 21 3-1 41 -48 21 3-1 41 -49 21 3-14 1-50 21 3-1 41 -51 21 3-1 41 -52 21 3-1 41 -53 21 3-141-54 213-141-55 21 3-1 4 1-56 21 3-1 41 -57 21 3-1 41 -58 21 3-1 41 -59 21 3-1 41 -60 21 3-1 41 -61 $177.52 $177.52 $177.52 $177.52 $177.52 $177.52 $177.52 $177.52 $1 77.52 $1 77.52 $1 77.52 $177.52 $177.52 $177.52 $177.52 $1 77.52 $1 77.52 $177.52 $1 77.52 $1 77.52 $1 77.52 $1 77.52 $177.52 $177.52 $177.52 $177.52 $177.52 $177.52 $1 77.52 $177.52 $177.52 $177.52 $177.52 $1 77.52 $1 77.52 $1 77.52 $177.52 $177.52 $1 77.52 $177.52 $177.52 $1 77.52 $0.00 Description Maximum of Property Annual (APN) Assessment 21 3-141 -62 $0.00 21 3-1 41 -63 213-141-64 2 1 3- 1 50-01 2 1 3- I 50-02 21 3-150-03 21 3-1 50-04 213-150-05 2 13- 150-06 21 3-1 50-07 2 13-1 50-08 2 13-1 50-09 2 1 3-1 50-1 0 2 1 3-1 50-1 1 21 3-1 50-12 213-1 50-13 2 13-1 50-1 4 213-150-15 21 3-1 50-1 6 213-150-1 7 213-1 50-1 8 213-150-19 21 3-1 50-20 2 1 3-1 50-2 1 21 3-1 50-22 2 1 3- 1 50-23 2 13- 150-24 2 1 3- 1 50-25 2 1 3- I 50-26 2 1 3- I 50-27 21 3-1 50-28 2 1 3- 1 50-29 2 1 3- 150-30 2 1 3- 1 50-3 1 21 3-1 50-32 2 13-1 50-33 213-150-34 213-150-35 2 13- 1 50-36 213-1 50-37 2 1 3-1 50-38 21 3-1 50-39 213-150-40 21 3-1 50-41 $26.63 $0.00 $177.52 $177.52 $1 77.52 $177.52 $177.52 $177.52 $177.52 $177.52 $177.52 $177.52 $177.52 $177.52 $177.52 $177.52 $177.52 $177.52 $177.52 $177.52 $177.52 $177.52 $177.52 $177.52 $177.52 $1 77.52 $177.52 $177.52 $177.52 $1 77.52 $177.52 $177.52 $177.52 $177.52 $177.52 $177.52 $177.52 $177.52 $177.52 $177.52 $177.52 $177.52 $177.52 Description Maximum of Property Annual (APN) Assessment 21 3-1 50-42 $177.52 2 1 3-1 51 -0 1 2 13-1 51 -02 213-151-03 21 3-1 51 -04 213-151-05 213-151-06 213-151-07 2 1 3-1 5 1-08 21 3-1 51 -09 21 3-1 51 -1 0 213-1 51-1 1 213-1 51-12 213-1 51-13 21 3-1 51 -1 4 213-151-15 21 3-1 51 -1 6 2 13-1 51 -1 7 213-151-18 213-151-19 21 3-1 5 1-20 21 3-1 51 -21 21 3-1 51 -22 213-1 51-23 213-151-24 213-151-25 21 3-1 51 -26 213-151-27 213-1 51 -28 2 1 3-1 51 -29 21 3-1 51 -30 2 1 3-1 51 -3 1 2 1 3-1 5 1 -32 213-151-33 213-151-34 213-151-35 21 3-1 51 -36 21 3-1 51 -37 21 3-1 51 -38 21 3-1 51 -39 2 13-1 51 -40 21 3-1 51 -41 21 3-1 51 -42 21 3-1 51 -43 $1 77.52 $177.52 $177.52 $177.52 $177.52 $1 77.52 $177.52 $177.52 $177.52 $177.52 $177.52 $177.52 $177.52 $177.52 $177.52 $177.52 $177.52 $177.52 $1 77.52 $1 77.52 $1 77.52 $1 77.52 $1 77.52 $177.52 $177.52 $177.52 $177.52 $177.52 $1 77.52 $1 77.52 $1 77.52 $177.52 $177.52 $177.52 $177.52 $177.52 $177.52 $1 77.52 $177.52 $177.52 $1 77.52 $1 77.52 $1 77.52 c -2 Description Maximum of Property Annual (APN) Assessment 213-151-44 $177.52 21 3-1 51-45 213-151-46 213-1 51 -47 21 3-1 51 -48 21 3-1 51 -49 213-151-50 213-1 51-51 213-151-52 213-151-53 21 3-1 51 -54 21 3-1 51 -55 2 1 3- 1 60-01 21 3-1 60-02 21 3-1 60-03 2 1 3-1 60-04 21 3-1 60-05 21 3-1 60-06 2 13-1 60-07 21 3-1 60-08 21 3-1 60-09 2 13-1 60-1 0 213-160-11 2 I 3-1 60- 1 2 21 3-1 60-1 3 21 3-1 60-1 4 21 3-1 60-1 5 2 1 3-1 60-1 6 213-160-17 21 3-1 60-1 8 213-1 60-19 213-1 60-20 21 3-1 60-21 21 3-1 60-22 21 3-1 60-23 213-1 60-24 21 3-1 61 -01 21 3-1 61-02 21 3-1 61 -03 2 13- 1 6 1-04 2 1 3- I 6 1 -05 21 3-1 61 -06 2 1 3-1 6 1-07 21 3-1 61 -08 $177.52 $177.52 $1 77.52 $177.52 $177.52 $1 77.52 $1 77.52 $177.52 $177.52 $0.00 $0.00 $1 77.52 $1 77.52 $177.52 $177.52 $177.52 $1 77.52 $1 77.52 $177.52 $1 77.52 $1 77.52 $177.52 $1 77.52 $1 77.52 $177.52 $177.52 $177.52 $177.52 $1 77.52 $1 77.52 $1 77.52 $177.52 $177.52 $0.00 $0.00 $1 77.52 $177.52 $177.52 $1 77.52 $1 77.52 $1 77.52 $177.52 $177.52 Description Maximum of Property Annual 2 13-1 61 -09 (APN) Assessment $1 77.52 2 1 3- 1 61 -1 0 213-161-1 1 21 3-161 -1 2 2 1 3-1 6 1-1 3 21 3-1 61 -14 213-1 61 -1 5 2 13-1 62-01 21 3-1 62-02 213-162-03 21 3-1 62-04 213-1 62-05 21 3-1 62-06 213-162-07 21 3-1 62-08 2 1 3- 162-09 21 3-1 62-1 0 213-162-1 1 21 3-162-1 2 213-162-13 213-1 62-14 21 3-1 62-1 5 21 3-1 62-1 6 21 3-1 62-1 7 213-162-18 21 3-162-1 9 2 13-1 62-20 21 3-162-21 21 3-1 62-22 213-162-23 2 13-1 62-24 21 3-162-25 213-162-26 21 3-1 62-27 213-162-28 213-162-29 213-1 62-30 2 1 3-1 62-3 1 213-162-32 2 13- 162-33 213-1 62-34 21 3-1 62-35 21 3-1 70-01 2 13- I 70-02 $1 77.52 $177.52 $177.52 $177.52 $489.96 $708.30 $177.52 $177.52 $177.52 $1 77.52 $177.52 $177.52 $177.52 $1 77.52 $177.52 $1 77.52 $177.52 $177.52 $177.52 $177.52 $177.52 $177.52 $177.52 $177.52 $177.52 $177.52 $177.52 $177.52 $177.52 $177.52 $1 77.52 $177.52 $177.52 $177.52 $177.52 $177.52 $177.52 $177.52 $177.52 $177.52 $177.52 $177.52 $177.52 Description Maximum of Property Annual (APN) Assessment 2 13-1 70-03 $177.52 2 13-1 70-04 21 3-1 70-05 21 3-1 70-06 21 3-1 70-07 213-170-08 21 3-1 70-09 21 3-1 70-1 0 213-170-1 1 2 1 3-1 70-1 2 213-170-13 2 1 3-1 70-1 4 21 3-1 70-1 5 213-170-16 21 3-1 70-1 7 213-1 70-1 8 21 3-1 70-1 9 21 3-1 70-20 2 1 3-1 70-2 1 21 3-1 70-22 21 3-1 70-23 2 1 3-1 70-24 21 3-1 70-25 21 3-1 70-26 213-170-27 21 3-1 70-28 21 3-1 70-29 2 1 3-1 70-30 213-170-31 21 3-1 70-32 21 3-1 70-33 213-170-34 213-170-35 21 3-1 70-36 213-170-37 21 3-1 70-38 2 1 3-1 70-39 21 3-1 70-40 21 3-1 70-41 2 1 3- 1 70-42 213-170-43 213-170-44 21 3-1 70-45 2 1 3- 1 70-46 $177.52 $1 77.52 $177.52 $177.52 $177.52 $1 77.52 $177.52 $177.52 $1 77.52 $1 77.52 $177.52 $1 77.52 $177.52 $177.52 $177.52 $1 77.52 $177.52 $177.52 $1 77.52 $177.52 $177.52 $1 77.52 $1 77.52 $1 77.52 $177.52 $1 77.52 $177.52 $177.52 $1 77.52 $177.52 $177.52 $177.52 $1 77.52 $177.52 $1 77.52 $177.52 $1 77.52 $1 77.52 $1 77.52 $177.52 $177.52 $177.52 $177.52 c -3 Description Maximum of Property Annual (APN) Assessment 213-170-47 $177.52 21 3-1 70-48 2 13-1 70-49 21 3-1 70-50 213-170-51 2 13-1 70-52 21 3-1 70-53 21 3-1 70-54 21 3-1 71-01 21 3-1 71 -02 21 3-1 71 -03 213-171-04 21 3-1 71-05 2 13-1 71 -06 21 3-171-07 21 3-171-08 2 1 3-1 71 -09 213-171-10 213-171-1 1 213-1 71-12 21 3-1 71 -1 3 213-171-14 21 3-1 71 -1 5 21 3-171-16 213-1 71-17 21 3-1 71-18 21 3-1 71 -1 9 21 3-1 71 -20 2 1 3-1 7 1-2 1 21 3-1 71 -22 21 3-171-23 21 3-1 71 -24 21 3-1 71 -25 213-1 71-26 21 3-1 71 -27 213-1 71 -28 2 1 3-1 71 -29 2 13-1 71 -30 2 13-1 71 -31 21 3-1 71-32 213-171-33 2 13-1 71 -34 2 13-1 80-01 2 13-1 80-02 $177.52 $177.52 $1 77.52 $177.52 $0.00 $332.85 $71.90 $177.52 $1 77.52 $1 77.52 $1 77.52 $177.52 $177.52 $177.52 $177.52 $177.52 $177.52 $177.52 $177.52 $1 77.52 $177.52 $177.52 $1 77.52 $1 77.52 $1 77.52 $177.52 $1 77.52 $1 77.52 $1 77.52 $177.52 $177.52 $177.52 $177.52 $1 77.52 $1 77.52 $1 77.52 $177.52 $1 77.52 $1 77.52 $177.52 $0.00 $177.52 $1 77.52 Description Maximum of Property Annual (APN) Assessment 213-180-03 $1 77.52 2 1 3- 180-04 2 1 3- 1 80-05 213-180-06 213-180-07 21 3-1 80-08 213-180-09 213-1 80-1 0 213-180-1 1 213-180-12 213-180-1 3 213-1 80-1 4 213-180-15 213-180-16 213-180-17 21 3-180-1 8 21 3- 180-1 9 2 1 3- 180-20 213-180-21 21 3-180-22 2 13-1 80-23 2 13-1 80-24 21 3-180-25 213-1 80-26 2 13-1 80-27 2 13-1 80-28 21 3-1 80-29 21 3-1 80-30 21 3-1 80-31 21 3-1 80-32 213-180-33 21 3-1 81 -01 21 3-1 81 -02 21 3-1 81 -03 21 3-1 81 -04 21 3-1 81 -05 21 3-1 81 -06 21 3-181 -07 21 3-1 81 -08 2 13-1 81 -09 21 3-1 81-1 0 213-181-11 2 13-1 81 -1 2 213-1 81 -1 3 $177.52 $177.52 $177.52 $177.52 $177.52 $177.52 $177.52 $177.52 $177.52 $177.52 $177.52 $177.52 $177.52 $177.52 $177.52 $177.52 $1 77.52 $177.52 $1 77.52 $177.52 $177.52 $177.52 $177.52 $177.52 $177.52 $0.00 $0.00 $0.00 $0.00 $0.00 $177.52 $1 77.52 $1 77.52 $177.52 $1 77.52 $1 77.52 $177.52 $177.52 $177.52 $177.52 $177.52 $177.52 $177.52 Description Maximum of Property Annual (APN) Assessment 21 3-181-14 $1 77.52 213-181-1 5 21 3-1 81 -1 6 213-181-17 213-181-18 213-181-19 2 1 3-1 8 1 -20 2 1 3-1 81 -2 1 2 1 3-1 81 -22 2 1 3-1 81 -23 21 3-1 81 -24 21 3-1 81 -25 21 3-1 81 -26 21 3-1 81-27 21 3-1 81 -28 21 3-1 81 -29 21 3-1 81 -30 213-181-31 21 3-1 81 -32 21 3-1 81 -33 21 3-1 81 -34 21 3-1 81 -35 213-181-36 2 1 3-1 8 1 -37 2 1 3-1 8 1 -38 2 1 3-1 81 -39 2 1 3-1 8 1 -40 2 13-1 81 -41 21 3-1 81 -42 2 1 3-1 8 1 -43 2 13-1 81 -44 21 3-1 81 -45 213-181-46 213-181-47 21 3-1 81 -48 21 3-1 81 -49 21 3-1 81 -50 21 3-1 81 -51 21 3-1 81 -52 213-181-53 2 1 3-1 8 1 -54 2 1 3-1 8 1 -55 213-181-56 2 1 3-1 8 1 -57 $177.52 $177.52 $177.52 $1 77.52 $177.52 $177.52 $177.52 $1 77.52 $177.52 $177.52 $177.52 $1 77.52 $1 77.52 $1 77.52 $177.52 $177.52 $177.52 $177.52 $177.52 $177.52 $1 77.52 $177.52 $177.52 $177.52 $1 77.52 $177.52 $177.52 $177.52 $1 77.52 $1 77.52 $1 77.52 $1 77.52 $1 77.52 $177.52 $177.52 $177.52 $1 77.52 $1 77.52 $177.52 $177.52 $177.52 $1 77.52 $177.52 c -4 Description Maximum of Property Annual (APN) Assessment 21 3-1 81 -58 $1 77.52 213-181-59 $1 77.52 21 3-1 8 1-60 $1 77.52 21 3-1 8 1-61 $1 77.52 213-181-62 $177.52 213-181-63 $1 77.52 213-181-64 $90.54 213-181-65 $0.00 21 3- 1 90-01 $9,292.00 21 3-1 90-02 $889.50 21 3-1 90-03 $51 9.25 213-191-01 $41 6.29 213-191-02 $5,034.57 c -5 I3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Exhibit 2 RESOLUTION NO. 2005-246 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ORDERING THE ANNEXATION OF TERRITORY TO STREET LIGHTING AND LANDSCAPING DISTRICT NO. 2 AND CONFIRMING THE LEVY OF ASSESSMENTS THEREIN WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAD, CALIFORNIA, has undertaken proceedings to form and did form a special maintenance district and to authorize the levy of assessments therein to finance the annual maintenance and servicing of certain landscaping and lighting improvements described in Exhibit A attached hereto and incorporated herein by this reference (the “Improvements”) pursuant to the terms of the “Landscaping and Lighting Act of 1972”, being Division 15, Part 2 of the Streets and Highways Code of the State of California (the “Landscaping Act”), Article XlllD of the Constitution of the State of California (“Article XlllD”) and the Proposition 21 8 Omnibus Implementation Act (Government Code Section 53750 and following) (the “Implementation Act”) (the Landscaping Act, Article XlllD and the Implementation Act may be referred to collectively herein as the “Assessment Law”), such special maintenance district known and designated as STREET LIGHTING AND LANDSCAPING DISTRICT NO. 2 (the “Maintenance District”); and, WHEREAS, the provisions of Article 2 of Chapter 2 of the Landscaping Act authorize and establish procedures for the annexation of territory to the Maintenance District; and WHEREAS, Section 22608 of the Landscaping Act provides that the requirements of the Landscaping Act for the preparation of resolutions, an Engineer‘s Report, the notice of a public hearing to consider such annexation, the conduct of such a public hearing and the right of majority protest may be waived with the written consent of all owners of property within the territory proposed to be annexed to the Maintenance District; and, WHEREAS, Article XlllD and the Implementation Act also establish certain procedural requirements that must be followed in order to authorize the levy assessments within territory annexed to the Maintenance District; and, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Exhibit 2 WHEREAS, the owners (each, an “Owner” and collectively, the “Owners”) of the properties identified in Exhibit B attached hereto and incorporated herein by this reference (each, a “Property” and collectively, the “Territory”) have entered into separate “Agreements Regarding Annexation of Certain Real Property to Street Lighting and Landscaping District No. 2 of the City of Carlsbad and Approval of the Levy of Assessments on Such Real Property” (each, an “Annexation Agreement”); and, WHEREAS, by entering into such Annexation Agreements, each of the Owners represented that such Owner desires that the Property owned by such Owner within the Territory be annexed to the Maintenance District and that Maximum Annual Assessment as set forth in Exhibit C attached hereto and incorporated herein by this reference be authorized to be levied against such Property; and WHEREAS, by entering into such Annexation Agreements and submitting the assessment ballots contained in such Annexation Agreements, each of the Owners has acknowledged the rights that such Owner has under the Assessment Law related to the annexation of such Owner’s Property to the Maintenance District and the levy of assessments on such Property and each such Owner has knowingly, intelligently, voluntarily and irrevocably: A. Waived any and all of the procedural requirements as prescribed in the Landscaping Act to the annexation of such Owner’s Property to the Maintenance District; B. Expressly consented to the annexation of such Owner’s Property to the Maintenance District; C. Waived any and all of the procedural requirements as prescribed in the Landscaping Act and/or Article XlllA applicable to the authorization to levy the Maximum Annual Assessment against such Owner‘s Property; D. Declared such Owner’s support for, consent to and approval of the authorization to levy the Maximum Annual Assessment against such Owner’s Property; E. Declared such Owner’s support for, consent to and approval of the adjustment in the Maximum Annual Assessment for inflation pursuant to the formula set herein below; and, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Exhibit 2 F. Waived protest, complaint or legal action of any nature whatsoever pertaining to the annexation of such Owner's Property to the Maintenance District and/or to the levy of the Maximum Annual Assessment against such Owner's property; and, WHEREAS, this City Council now desires to annex the Territory to the Maintenance District and confirm the levy of assessments against the Properties within the Territory. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. 2. Findinqs and Determinations. This City Council hereby finds and determines as That the above recitations are true and correct. follows: A. Each of the Owners has expressed such Owner's desire that such Owner's Property within the Territory be annexed to the Maintenance District. B. Each of the Owners has waived all procedural requirements under the Assessment Law applicable to the annexation of such Owner's Property to the Maintenance District. C. Each of the Owners has declared such Owner's support for the levy of annual assessments on such Owner's Property in amounts not to exceed the Maximum Annual Assessment and the adjustment of the Maximum Annual Assessment by the increase for the cost of living each year according to the change in the Consumer Price Index for the San Diego County area. D. The Maximum Annual Assessments proposed to be authorized to be levied on each Property within the Territory shall not exceed the reasonable cost of the proportional special benefit on each such Property conferred by the Improvements. E. The proportionate special benefit derived by each individual Property assessed has been determined in relationship to the entirety of the cost of the maintenance of the Improvements. F. G. Only the special benefits have been assessed. There are no publicly owned parcels within the Territory. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Exhibit 2 3. Annexation. This City Council hereby orders the annexation of the Territory to the District. 4. Levv of Assessments. This City Council hereby confirms the levy of annual assessments against the lots and parcels within the Territory in amounts not to exceed the applicable Maximum Annual Assessment. The Maximum Annual Assessments will be increased each Fiscal Year without further compliance with the assessment ballot procedures required under the Assessment Law by the annual increase in the Consumer Price Index (CPI), during the preceding year ending in March, for All Urban Consumers for the San Diego County area. 5. Orderinn of Maintenance. The public interest and convenience requires, and this legislative body does hereby order the maintenance of the Improvements be made and performed as said maintenance work is set forth in Exhibit A hereto. 6. Filina with Citv Clerk. The above-referenced diagram and assessment shall be filed in the Office of the City Clerk. Said diagram and assessment, and the certified copy thereof, shall be open for public inspection. 7. adoption. Effective Date. This Resolution of Intention shall take effect immediately upon its PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 9th day of AUGUST , 2005 by the following vote, to wit: AYES: Council Members Lewis, Hall, Kulchin, Packard, Sigafoose NOES: None ABSENT: None ATTEST: (SEAL) EXHIBIT A THE IMPROVEMENTS AND THE MAINTENANCE Zone 8 - The Ridge The Improvements. The Improvements that specially benefit the properties within the Territory are described as follows: . Medians in Alga Road and Rancho Santa Fe Road. The landscaping improvements to be maintained and serviced include, but are not limited to, plants, shrubbery and trees, irrigation systems, hardscapes, fixtures, sidewalks and appurtenant facilities. Such landscaping improvements may be located in public street and sidewalk rights-of-way, including medians, parkways and dedicated easements within the boundaries of the Maintenance District. . Street lighting within and directly adjacent to the development, except the residential estate area that has private streets. The street lighting improvements to be maintained and serviced include, but are not limited to, poles, fixtures, bulbs, conduits, conductors, equipment including guys, anchors, posts and pedestals, metering devices and appurtenant facilities as required to provide street lighting and traffic signals in public street and sidewalk rights-of-way and dedicated easements within the boundaries of the Maintenance District. The Maintenance. The maintenance of such improvements shall include the furnishing of services and materials for the ordinary and usual maintenance, operation, repair and servicing of such landscaping and street lighting improvements and appurtenant facilities, including repair, removal or replacement of all or a part of any landscaping, public lighting or appurtenant A- 1 facilities; providing for the life, growth, health and beauty of the landscaping, including cultivation, irrigation, trimming, spraying, fertilizing and treating for disease or injury; the removal of trimmings, rubbish, debris and other solid waste; and the cleaning, sandblasting, and painting of improvements to remove or cover graffiti. The servicing of the improvements shall include the furnishing of water for the irrigation of the landscaping and the maintenance of any of the public lighting improvements and the furnishing of electric current or energy, gas or other illuminating agent for the public lighting facilities, or for the lighting or operation of the landscaping improvements and the administration of all aspects of the Maintenance District. A-2 EXHIBIT B THE OWNERS AND THE OWNERS' PROPERTIES Zone 8 - The Ridge Name of Owner Description of Owner's Property (Assessor's Parcel Number) Real Estate Collateral Management Co 223-720-03 to -08 223-721 -02 to -04 B- 1 EXHIBIT C MAXIMUM ANNUAL ASSESSMENT Zone 8 - The Ridge Description Maximum of Property FY 2005-06 (APN) Assessment 223-720-03 $1,477.38 223-720-04 $1,082.56 2 2 3 - 7 2 0 - 0 5 $1,018.88 223-720-06 $1,751.20 223-720-07 $955.20 223-720-08 $254.72 223-721 -02 $955.20 223-721 -03 $1,273.60 223-721 -04 $1,050.72 c -1