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2015-06-09; City Council; 21979; Street Lighting, Landscaping District 2 Annexation Quarry Creek Development
CITY OF CARLSBAD - AGENDA BILL AB# 21,979 DEPT. DIRECTOR DATE ^^^f- 1^ STREET LIGHTING AND LANDSCAPING DISTRICT NO. 2 ANNEXATION OF THE QUARRY CREEK DEVELOPMENT CITY ATPfT^^^^ DEPT. ASD/FIN STREET LIGHTING AND LANDSCAPING DISTRICT NO. 2 ANNEXATION OF THE QUARRY CREEK DEVELOPMENT ^ J(\ CITYMGR. RECOMMENDED ACTION: Adopt Resolution No. 2015-135 ordering the annexation of the Quarry Creek development to Street Lighting and Landscaping District No. 2 and confirming the levy of assessments therein, with Exhibits A, B, and C. ITEM EXPLANATION: 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 ofthe city are paid from assessments within Street Lighting and Landscaping District No. 1 ("District No. 1"). The city requires developers of larger communities within the city to be annexed into District No. 2 as a condition for development. 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 13 zones in District No. 2 including Calavera Hills II, Kelly Ranch, the Oaks South, Thompson/Tabata, Palomar Forum/Carlsbad Raceway, Bressi Ranch, the Greens, the Ridge, the Oaks North Industrial, the Oaks North Residential, Robertson Ranch, La Costa Town Square and Fair Oaks Valley developments. The Quarry Creek development is required to annex into District No. 2 as a condition of development. There is one property owner within Quarry Creek: Presidio Cornerstone QC, LLC. This property owner 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 ("Annexation Agreement"), and, has cast a positive ballot for the annexation of property. The election was held on May 4, 2015. The City Clerk completed a Statement of Votes Cast showing one (1) vote cast in favor ofthe proposition (100.0% ofthe total assessments) and zero (0) votes cast against the proposition. Through the signing ofthe Annexation 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. 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 San Diego County Recorder. DEPARTMENT CONTACT: Roxanne Muhlmelster 760-602-2417 roxanne.muhlmeister@carlsbadca.gov FOR CLERK USE. COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED • • • • CONTINUED TO DATE SPECIFIC • CONTINUED TO DATE UNKNOWN • RETURNED TO STAFF • OTHER - SEE MINUTES • REPORT RECEIVED • Quarry Creek LLD #2 Annexation 6/9/15 Page 2 of 2 FISCAL IMPACT: The parcels within this newly annexed development will not be assessed until the 2015-16 Fiscal Year. In July of 2015, staff will return to council to set the maximum and actual assessment rates for the 2015-16 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, 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. The maximum annual assessment rate per equivalent dwelling unit (EDU) is calculated at $118.97 for Fiscal Year 2014-15. These assessments vary depending on the amount and types of improvements being maintained in each area. Through the use ofthe simplified annexation procedure, both the city and the owners are able to avoid election costs and additional time delays. The developer has paid a fee of $5,400 to cover annexation processing and assessment engineering costs. ENVIRONMENTAL IMPACT: Pursuant to Public Resources Code Section 21065, this action does not constitute a "project" within the meaning of CEQA in that it has no potential to cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and therefore does not require environmental review. EXHIBITS: 1. Location Map. 2. Resolution No. 2015-135 ordering the annexation of the Quarry Creek development to Street Lighting and Landscaping District No. 2 and confirming the levy of assessments therein, with Exhibits A, B, C and D. 3. Agreement Regarding Annexation of Certain Real Property To Street Lighting and Landscape District No. 2 of the City of Carlsbad and Approval of the Levy of Assessments of Such Real Property B(H'iBlT± DRAm BY: ALFRED ROUERO. IRAN^RORTAMTDEPTTII^^ 3 EXHIBIT 2 landscaping and lighting improvements described in Exhibit B attached hereto and incorporated herein by this reference ("Improvements") pursuant to the terms of the Landscaping and Lighting Act of 1972, being Division 15, Part 2 ofthe Streets and Highways Code ofthe State of 1 RESOLUTION NO. 2015-135 ^ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, 3 CALIFORNIA, ORDERING THE ANNEXATION OF TERRITORY TO STREET LIGHTING AND LANDSCAPING DISTRICT NO. 2, ZONE 14, 4 AND CONFIRMING THE LEVY OF ASSESSMENTS THEREIN, WITH EXHIBITS A, B, C AND D 5 ^ WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAD, CALIFORNIA, has 7 undertaken proceedings to form and did form a special maintenance district and to authorize 8 the levy of assessments therein to finance the annual maintenance and servicing of certain 9 10 11 12 j3 California ("Landscaping Act"), Article XIIID ofthe Constitution ofthe State of California "Article 14 XIIID" and the Proposition 218 Omnibus Implementation Act (Government Code Section 53750 15 et seq.) ("Implementation Act") (Landscaping Act, Article XIIID and the Implementation Act may 6 17 18 19 20 WHEREAS, the provisions of Article 2 of Chapter 2 of the Landscaping Act authorize and 21 establish procedures forthe annexation of territory to the Maintenance District; and WHEREAS, section 22608 ofthe Landscaping Act requires 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 ail owners of property within the territory proposed to be annexed to the Maintenance be collectively referred to as "Assessment Law"), such special maintenance district known and designated as STREET LIGHTING AND LANDSCAPING DISTRICT NO. 2, ZONE 14, ("Maintenance District"); and 22 23 24 25 26 27 District; and 28 4 1 WHEREAS, Article XIIID 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 WHEREAS, the Owner ("Owner") of the properties identified in Exhibit A, attached hereto and incorporated herein by this reference (each, a "Property" and collectively, "the 3 4 5 6 7 Territory") have entered into a separate Agreement Regarding Annexation of Certain Real 8 Property to City of Carlsbad Street Lighting and Landscaping District No. 2 and Approval of the Levy of Assessments on Such Real Property ("Annexation Agreement"); and WHEREAS, by entering into such Annexation Agreement, the Owner represented that such Owner desires that the Property owned by such Owner within the Territory be annexed to 9 10 11 12 j3 the Maintenance District and that maximum annual assessment as defined in Exhibit C, 14 attached hereto and incorporated herein by this reference (hereinafter "Maximum Annual 15 Assessment"), to be authorized to be levied against such Property; and 16 WHEREAS, by entering into such Annexation Agreement and submitting the assessment 17 ballot contained in such Annexation Agreement, the Owner has acknowledged the rights that 18 such Owner has under the Assessment Law related to the annexation of such Owner's Property 19 2Q to the Maintenance District and the levy of assessments on such Property and each such Owner 21 has knowingly, intelligently, voluntarily and irrevocably: 22 1. 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; 2. Expressly consented to the annexation of such Owner's Property to the Maintenance District; 23 24 25 26 27 28 1 3. Waived any and all of the procedural requirements as prescribed in the 2 Landscaping Act and/or Article XIIID applicable to the authorization to levy the Maximum Annual Assessment against such Owner's Property; 4. Declared such Owner's support for, consent to and approval of the authorization to levy the Maximum Annual Assessment against such Owner's Property; 3 4 5 6 7 5. Declared such Owner's support for, consent to and approval ofthe adjustment in 8 the Maximum Annual Assessment for inflation pursuant to the formula set herein below; and 6. 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 ofthe Maximum Annual Assessment against such Owner's property; and WHEREAS, this City Council now desires to annex the Territory to the Maintenance 9 10 11 12 13 14 District and confirm the levy of assessments against the Properties within the Territory. 15 16 17 18 19 2. That the City Council hereby finds and determines as follows: 20 (a) The Owner has expressed such Owner's desire that such Owner's Property within the Territory be annexed to the Maintenance District. (b) The Owner has waived all procedural requirements under the Assessment Law applicable to the annexation of such Owner's Property to the Maintenance District. 21 22 23 24 25 26 27 28 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California as follows: 1. That the above recitations are true and correct. 22 23 24 25 26 27 28 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 1 (c) The Owner has declared such Owner's support for the levy of annual 2 3 4 5 ^ change in the Consumer Price Index for the San Diego County area 7 (d) The Maximum Annual Assessments proposed to be authorized to be levied 8 on each Property within the Territory shall not exceed the reasonable cost of 9 the proportional special benefit on each such Property conferred by the 10 Improvements 11 ^2 (e) The proportionate special benefit derived by each individual Property 13 assessed has been determined in relationship to the entirety of the cost of 14 the maintenance ofthe Improvements 15 (f) Only the special benefits have been assessed (g) There are no publicly owned parcels within the Territory 17 3. That the City Council hereby orders the annexation of the Territory to the 18 Maintenance District 19 20 ^- That the City Council hereby confirms the levy of annual assessments against the 21 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. The public interest and convenience requires, and this legislative body does 2 hereby order the maintenance of the Improvements be made and performed as said 3 maintenance work is set forth in Exhibit B hereto 4 ^ 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 7 public inspection. 8 7. This Resolution of Intention shall take effect immediately upon its adoption 9 10 11 12 13 14 /// 17 18 19 20 23 24 25 26 27 28 /// /// /// /// 15 /// III III III lil 21 /// 22 /// /// /// 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 PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council ofthe City of Carlsbad on the 9*'^ day of June, 2015, by the following vote to wit: AYES: NOES: Council Members Hall, Blackburn, Schumacher, Wood, Packard. None. ABSENT: None. MATT HALL, Mayor ATTEST: BARBARA ENGL^^ON, Oty Clerk (SEAL) Exhibit A To 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 Identification of the Owner and Description of the Property The Owner(s) of the Property are: Presidio Cornerstone QC, LLC, a Delaware limited liability company The legal description of the Property is: Property owned by Presidio Cornerstone QC, LLC, a Delaware limited liability company: Parcel 1 (APN: 167-040-11-00): All that portion of Rancho Agua Hedionda, in the County of San Diego, State of California, according to the patent map thereof, recorded in ijook 1, page 150 of patents, filed in the office of the County Recorder of San Diego County. and Parcel 2 (APN: 167-040-21-00): That portion of Rancho Agua Hedionda, in the City of Carlsbad, County of San Diego, State of Califomia, according to partition map no. 823, filed in the office of the County Recorder of San Diego County, November 16,1896. Assessor's parcel numbers: 167-040-11-00 (Parcel 1) 167-040-21-00 (Parcel 2) Exhibit B To 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 Description of the SLLD No. 2 Improvements that Specially Benefit the Property The improvements, which have been constructed or which may be subsequently constructed within and adjacent to the Maintenance District and that will be serviced and maintained, and the proposed maintenance and services are generally described as follows: DESCRIPTION OF IMPROVEMENTS TO BE MAINTAINED AND SERVICED The proposed improvements (collectively, the "Improvements") proposed to be maintained and serviced are generally described as follows: Landscaping and Appurtenant Improvements Landscaping improvements (collectively, the "Landscaping Improvements") include but are not limited to: landscaping, planting, shrubbery, trees, inrigation systems, hardscapes and fixtures in public street and sidewalk rights-of-way, including medians, parkways and other easements dedicated to the City of Carlsbad witiiin the boundaries of the Maintenance District. Street Lighting and Appurtenant Improvements Street lighting improvements (coiiectively, the "Street Lighting Improvements") 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 lighting and traffic signals in public street and sidewalk rights-of-way and other easements dedicated to the City of Carlsbad within the boundaries of the Maintenance District. The public lighting system shall be maintained to provide adequate illumination. Electricity for streetlights shall be fumished by San Diego Gas «& Electric (SDG&E), and it shall be adequate for the intended purpose. Rates for power shall be those authorized by tiie Califomia Public Utilities Commission. DESCRIPTION OF MAINTENANCE AND SERVICES Maintenance means the furnishing of services and materials for the ordinary and usual maintenance, operation and servicing of the Landscaping Improvements and tiie Street Lighting Improvements facilities and appurtenant facilities, including repair, removal or replacement of all or part of any of the Landscaping Improvements and the Street Lighting Improvements or appurtenant facilities; providing for the life, growth, healtii and beauty of tiie Landscaping Improvements, 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 walls and other improvements to remove or cover graffiti. B-1 C:\Users\annat\Deslttop\WFH 20l5-03-27\Carlsbad\Carlsbad Quarry Creek AnnexXRPT-Exhibits B. C, D Quany Creek.2015-04-07.r03.docx April 7,2015 Servicing means the fumishing of water for tiie irrigation of tiie Landscaping Improvements and the maintenance of any Street Lighting Improvements or appurtenant facilities and the fumishing of electric current or energy, gas or otfier illuminating agent for tiie Street Lighting Improvements, or for the lighting or operation of the Landscaping Improvements or appurtenant facilities. The Street Lighting Improvements shall be maintained to provide adequate illumination. Electricity for streetlights shall be fumished by tiie SDG&E, and it shall be adequate for the intended purpose. Rates for power shall be tiiose autiiorized by tiie Califomia Public Utilities Commission. The following provides descriptions of the Zone of Benefit of the Maintenance District for the Quarry Creek Development: Zone 14 - Encompasses the Quarry Creek Development, a residential development located to the soutii of Haymar Road, and funds the operation and maintenance of street lighting and street trees. The plans and specifications for the Improvements, showing the general nature, location and the extent ofthe Improvements, are on file in the office of the City Engineer and are by reference herein made a part of this report. B-2 C:\Users\annat\Desktop\WFH 2015-03-27VCarlsbad\Carlsbad Quany Creek AnnexVRPT-Exhibits B, C, D Quany Creek.201S-04-07.r03.docx April 7.2015 11^ Exhibit C To 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 Assessment Calculation Information Sheet 1. Name of District: Street Lighting and Landscaping District No. 2. 2. The total maximum annual Assessment for the SLLD No. 2 Zone 14 for FY 2014-15: $55,440.00 3. Proposed Maximum Annual Assessment for the Property: The proposed maximum Assessment on your properties for FY 2014-15 is shown on the assessment ballot contained in Exhibit D. 4. Duration of the Proposed Assessment: The proposed assessment for the maintenance of tiie street lighting and median improvements will be levied annually. The maximum annual maintenance assessment will be increased for cost of living each year according to the change in Consumer Price Index (CPI) for the San Diego County area. (Any other increases or changes to the methodology of the Assessment must be submitted for property owner approval.) 5. Reason for the Assessment: To pay for the costs of maintenance of the SLLD No. 2 Improvements described in Attachment B that specially benefit the Property. 6. Calculation of the Assessment: All parcels within SLLD No. 2 Zone 14 that receive special benefit from the SLLD No. 2 Zone 14 Improvements will be assessed in proportion to the special benefit they receive. Existing law requires an assessment methodology be used for calculating the assessment to be levied on each parcel, based on the special benefit each parcel receives from the improvements being maintained. The following is a description of the methodology, which is summarized from a detailed Engineer's Report, a copy of which is enclosed with this Notice. Equivalent Dwelling Units The single-family detached residential parcel has been selected as the basic unit for calculation of assessments; therefore, the single-family residential parcel is defined as one Equivalent Dwelling Unit (EDU). A metiiodology has been developed to relate all other land uses to the single-family detached residential land use. C-1 C:\Users\antiat\Desktop\WFH 2015-03-27\Carlsbad\Carlsbad Quany Creek AnnexVRPT-Exhibits B, C, D Quany Creek.2015-04-07.r03.docx April 7,2015 13 Table 1 shows the various land uses within this District and the associated EDU rates used in the analysis. Table 1 - EDU Rates by Land Use Land Use EDU Rate Single Family Detached Res (SFD) 1.0/DU Single Family Attached Res (SFA) 0.8/DU Apartments (APT) 0.6 / DU Developed Non-Residential (Non-Res) 6.0 / acre Vacant / Park 1.5 / acre Open Space 0.0 / acre DU = Dwelling Unit Benefit Zones Benefit Zones are used to differentiate between tiie different type of Improvements to be maintained and serviced. Zone 14 - Quarry Creek. The Quarry Creek development is located south of Haymar Road. It is comprised of residential land uses that receive special benefit from the street trees and street lighting within the development. There are anticipated to be an 89 unit Apartment ("APT"), 352 single-family detached units ("SFD"), 0.9 acre parking lot ("Non-Res"), and 5.2 acres of Parks ("Parks") tiiat will benefit from street trees and street lights located in the public collector roadways within the development. Street trees and street lights along Hayward Street and Street A, Street B, Street D, Street E are classified as Collector Trees and Collector lOOW lights. The annual cost to maintain these trees and street lights will be spread among the entire development because the entire development takes access from tiiese streets. It is anticipated that the HOA will maintain the street trees. The city and the owners of the land within Quarry Creek have an Agreement to provide for the maintenance of such improvements by the HOA; therefore, annual assessments will be levied within Zone 14 for the maintenance of tiie trees only if (a) the HOA fails to maintain such any such trees pursuant to tiie Agreement, (b) as a result of tiie failure ofthe HOA to maintain any such Improvements, the city is required to undertake such maintenance and (c) the HOA has failed to reimburse the city for the cost of such maintenance as required pursuant to the Agreement. The estimated maximum annual maintenance costs for Zone 14 for FY 2014-15 are calculated as follows: C-2 C:\Users\annat\Desktop\WFH 2015-O3-27\Carlsbad\Carlsbad Quany Creek Annex\RPT-Exhibits B, C, D Quany Creek.2015-04-07.iO3.docx April 7,2015 O&M Repl. Total Other Maximum Maximum Unit Unit O&M/Repl. Admin. Annual Annual Quantity Cost Cost Costs Costs Costs Cost/EDU Zone 14 (Quarry Creek) Collector 100W Ught 26 each $145.88 $166.45 $8,121 $99 $8,220 $17.64 / EDU Collector Trees 519 each $89.88 $0.00 $46,650 $570 $47,220 $101.33/EDU $55,440 The table below provides the EDU's for the various types of special benefits associated with Zone 14, as well as the maximum assessment rate and the total estimated revenue generated by it. Maximum Assessment Allocation and Rate for FY 2014-15 Development Proposed DU Acres Collector Light EDU Collector Tree EDU Maximum AsmtRate ($/EDU) Total Max Asmt Zone 14 - Quarry Creek • APT 89 100.80 100.80 $118.97 $11,992.17 SFD 352 352.00 352.00 $118.97 $41,877.42 Non-Res 0.9 5.40 5.40 $118.97 $642.44 Park 5.2 7.80 7.80 $118.97 $927.97 Open Space 96.7 0.00 0.00 $0.00 $0.00 466.00 466.00 $55,440.00 The maximum annual maintenance assessment will be increased for cost of living each year according to the change in Consumer Price Index (CPI) for the San Diego County area. (Any other increases or changes to the methodology of the Assessment must be submitted for property owner approval.) C-3 C:\Users\annat\Desktop\WFH 2015-03-27\Carlsbad\Carlsbad Quany Creek Annex\RPT-Exhibits B, C, D Quany Creek.2015-04-07.rO3.docx j ^ April 7,2015 Exhibit D To Agreement Regarding Annexation Of Certain Real Property To A Landscape Maintenance District And Approval Of The Levy Of Assessments On Such Real Property Assessment Ballot D-2 C:\Users\annat\Desktop\WFH 2015-03-27\Carlsbad\Carlsbad Quarry Creek Annex\RPT-Exhibits B, C, D Quany Creek.2015-04-07.i03.docx April 7,2015 CERTIFICATE OF ELECTION OFFICIAL AND STATEMENT OF VOTES CAST STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO )ss. CITY OF CARLSBAD ) The undersigned, ELECTION OFFICIAL OF THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DOES HEREBY CERTIFY that pursuant to the provisions of Section 53326 ofthe Government Code and Division 12, commencing with Section 17000 ofthe Elections Code ofthe State of Califomia, I did canvass the returns ofthe votes for the CITY OF CARLSBAD STREET LIGHTING & LANDSCAPING DISTRICT NO. 2 SPECIAL ELECTION ANNEXATION OF QUARRY CREEK, ZONE 14 In such City, held May 4,2015. I FURTHER CERTIFY that this Statement of Votes Cast shows the whole number of votes cast in the area proposed to be annexed to Street Lighting & Landscaping District No. 2 of such City for or against the Measure are full, true and correct VOTES CAST ON ZONE 14 AP^NEXATION YES NO WITNESS my hand this 4th day of May, 2015 ITY CLERK/ELECTION OFFICIAL CITY OF CARLSBAD STATE OF q^^ORNlA c» <- PROPERTY OWNER ASSESSMENT BALLOT ON PROPOSED ASSESSMENTS CITY OF CARLSBAD STREET LIGHTING AND LANDSCAPING DISTRICT NO. 2 Zone 14 Owner Presidio Cornerstone QC. LLC Cunrent FY14-15 Assessor's Parcel Land Maximum Estimated Parcel No. Zone Acres Use Asmt* Asmt 167-040-11-00 14 56.66 Vacant $20,820.78 $10,111.26 167-040-21-00 14 94.21 Vacant $34,619.22 $16,812.24 Total: $55,440.00 $26,923.50 * The maximum annual maintenance assessment w i be Increased for the cost of living each year acoordmg to the change In the San Diego Consumer Ftfce Index - Urban (SDCR-U) for the San Diego County area Maximum Assessment Rate Development Proposed DU Acres Collector Light EDU Collector Tree EDU Maximum Asmt Rate ($/EDU) Total Max Asmt Zone 14 - Quarry Creek APT 89 100.80 100.80 $118.97 $11,992.17 SFD 352 352.00 352.00 $118.97 $41,877.42 Non-Res 0.9 5.40 5.40 $118.97 $642.44 Park 5.2 7.80 7.80 $118.97 $927.97 Open Space 96.7 0.00 0.00 $0.00 $0.00 466.00 466.00 $55,440.00 D-2 C-.\Users\annat\Desktop\WFH 2015-03-27\Carlsbad\Carlsbad Quany Creek AnnexXRPT-Exhibits B,C, D Quany Creek.2015-04-07.K)3.docx April 7,2015 EXHIBIT 3 RECORDING REQUESTED BY City Clerk City of Carlsbad WHEN RECORDED MAIL TO: City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 Attention: City Clerk AGREEMENT ^ , REGARDING ANNEXATION -S? h OF CERTAIN REAL PROPERTY TO STREET LIGHTING AND LANDSCAPE DISTRICT NO. 2 OF THE CITY OF CARLSBAD AND APPROVAL OF THE LEVY OF ASSESSMENTS ON SUCH REAL PROPERTY TOIS AGREEMENT REGARDING ANNEXATION (the "Agreement"), dated as of /^^^^ , 2015, is entered into by and between the City of Carlsbad (the "City"), a municipal corporation, and the owner or owners listed in Exhibit A hereto and incorporated herein by this reference of certain real property (the "Property") located within the City and described in Exhibit A regarding the annexation of the Property to Street Lighting and Landscape District No. 2 ("SLLD No. 2") of the City and approval of the levy of assessments on the Property, SECTION 1. Declaration and Certification of Owner. The undersigned hereby declares and certifies that: A. The undersigned is the Owner, or the representative of the Ownet(s) who is legally authorized to make the representations and grant the consents, waivers and approvals contained herein and to execute this Agreement for and on behalf ofthe Owner, of die Property. B. The Owner is aware of and understands that: 1. The City Council of the City of Carlsbad (the "City Council") has previously formed SLLD No, 2 pursuant to the tenns ofthe "Landscaping and Lighting Act of 1972" (the "Act"), which is Division 15, Part 2 ofthe Streets and Highways Code ofthe State of Califomia. The puipose of SLLD No. 2 is to finance the costs and expenses of the ongoing maintenance of street lights, street trees and/or medians (the "SLLD No. 2 1 /9 Improvements") that specially benefit properties within SLLD No. 2 and the costs and expenses of administering SLLD No. 2. These costs and expenses are financed through the levy of assessments on properties within SLLD No. 2 which specially benefit fi-om the SLLD No. 2 Improvements. 2. The provisions ofthe Act authorize the City Council to undertake proceedings to order the annexation of territory to SLLD No. 2. The proceedings to annex territory to SLLD No. 2 generally include the adoption by the City Council of resolutions initiating the annexation proceedings, ordering the preparation of a report described below and declaring the intention of the City Council to annex the territory to SLLD No. 2 and setting of a public hearing on the proposed annexation, the provision of notice ofthe time and place of such public hearing, the opporttmity for any interested person to be heard at such public hearing and the right of majority protest to such annexation. The report (the "Report") referred to above would contain (i) a description of the general nature, location and extent of the SLLD No. 2 Improvements that specially benefit the territory to be annexed, (ii) an estimate of tiie costs ofthe maintenance of tiie SLLD No. 2 Improvements that specially benefit the territory to be aimexed, including all incidental expenses, (iii) a diagram shovving the territory proposed to be annexed to SLLD No. 2 and (iv) tiie net amount to be assessed upon tiie territory proposed to be aimexed to SLLD No. 2 in proportion to the estimated special benefits to be received firom tiie SLLD No. 2 Improvements by each lot or parcel withm the territory proposed to be annexed to SLLD No. 2. The Act does, however, authorize the annexation of territory to SLLD No. 2 without preparation of a Report, tiie opportunity for notice and hearing and the right of majority protest as would otiierwise be required by the provisions ofthe Act if all ofthe owners of property within the territory proposed to be annexed to SLLD No. 2 have given written consent to the proposed aimexation. 3. In addition to the provisions of the Act which apply to the annexation of territory to SLLD No. 2, Section 4 of Article XIIID of tiie Constitution of die State of Califomia ("Section 4") establishes certain procedural rights for the owners of property which may be subject to the levy of assessments. Section 4 requires that: (a) all assessments be supported by a detailed engineer's report prepared by a registered professional engineer certified by the State of California; (b) the record owner of each parcel proposed to be assessed shall be given written notice by mail (tiie "Notice of Public Hearing") ofthe total amount ofthe assessment chargeable within SLLD No. 2 including the territory to be annexed, the amount chargeable to the owner's particular parcel, the duration of the payments, the reason for the proposed assessment and tiie basis upon which the amount of the proposed assessment was calculated, together with the date, time and location of a public hearing on the proposed assessment; 2^ (c) tiie Notice of Public Hearing must also contain an assessment ballot whereby tiie record ovmer of each parcel proposed to be assessed may indicate his or her support for or opposition to the proposed assessment; (d) the City Council is required to conduct a public hearing upon tiie proposed assessment not less than 45 days after the mailing of tiie Notice of Public Hearing at which public hearing the City Council is required to consider all protests against the proposed assessment; and (e) tiie City is prohibited fi-om imposing a proposed assessment if there is a majority protest which would exist if, upon the conclusion of the public hearing, tiie assessment ballots submitted in opposition to the proposed assessment exceed the ballots submitted in favor of the proposed assessment with each assessment ballot weighted according to the proportional financial obligation of tiie affected property. 4. The City has conditioned tiie approval of certain land use entitlements for tiie Property witii a requirement tiiat tiie Property be annexed to SLLD No. 2 (the "Condition of Approval re Annexation") in order that tiie Property may be annually assessed to finance (a) that portion of tiie annual costs of tiie maintenance of tiie SLLD No. 2 Improvements which represents the special benefit received by the Property fi-om the SLLD No. 2 Improvements and (b) the costs and expenses of achninistering SLLD No. 2 which are allocable to tiie Property based upon the Property's proportionate share ofthe costs of the maintenance of the SLLD No. 2 Improvements. 5. The total amount of the assessment chargeable within SLLD No. 2 includmg the Property, the duration of the payments, tiie reason for the proposed assessment and the basis upon which the amount of the proposed assessment was calculated is set forth m Exhibit C attached hereto and incorporated herem by this reference. 6. The City has detennined that the maximum annual assessment (flie "Proposed Maximum Annual Assessment") set forth in tiie assessment ballot contained in Exhibit D hereto (the "Assessment Ballot") which is incorporated herein by tiiis reference reflects the amounts described in 4(a) and (b) above and that the annexation of the Property to SLLD No. 2 together with the authorization to levy the Proposed Maximum Annual Assessment against tiie Property will satisfy tiie Condition of Approval re Annexation described in Section l.B.4. above. SECTION 2. Representations of the Owner. The Owner represents that: A. Owner desires that tiie Property be annexed to SLLD No. 2 and tiiat tiie Proposed Maximum Annual Assessment be authorized to be levied against the Property as expeditiously as possible in order to satisfy the Condition of Approval re Annexation. ^1 B. In order to expeditiously satisfy the Condition of Approval re Annexation, Owner is willing to and desires to waive certain statutory and constitutional rights which the Owner has or may have under the Act, Section 4 and/or tiie Elections Code. C. Owner has had a reasonable opportunity to review this consent and waiver to aimexation and to consult witii Owner's attomey and any otiier advisors as Owner desires regarding the matters contained in this consent and waiver. D. Any and all consents, waivers and agreements by Owner contained in this consent and waiver have been given by Owner knowingly, intelligently and voluntarily. SECTIONS. Acknowledgment of Owner. The Owner acknowledges that: A. Pursuant to the provisions of the Act, unless waived by the Owner, the annexation of the Property to SLLD No. 2 would require the preparation of a Report as described in Section l.B.2. above and would also require that the City undertake the proceedings described in Section l.B.2. above. B. Pursuant to the provisions of Section 4, unless waived by the Owner, tiie levy of tiie Proposed Annual Assessment against the Property would require that the City comply with the procedural requirements set forth in Section I.B.3. above. C. Pursuant to the provisions of the Elections Code, unless waived by the Owner, the assessment ballot proceeding must be held on one of tiie Established Mailed Ballot Election Date. SECTION 4. Waiver and Agreement of Owner. The Owner, for the Owner and the heirs, successors and assigns of the Owner, hereby knowingly, intelligently, voluntarily and irrevocably waives: A. Any and all ofthe procedural requirements as prescribed in the Act to the annexation of the Property to SLLD No. 2 and hereby expressly consents to the annexation of the Property to SLLD No. 2. B. Any and all of the procedural requirements as prescribed in the Act, Section l.B.3. and/or tiiie Elections Code applicable to the authorization to levy the Proposed Maximum Annual Assessment against the Property and, by the execution of this consent and waiver and the completion of the assessment ballot contained in Exhibit C hereto, hereby declares tiie Owner's support for, consent to and approval of the authorization to levy the Proposed Maximum Annual Assessment against the Property. Owner also declares the Owner's support for, consent to and approval of the adjushnent in the Proposed Annual Assessment for inflation pursuant to the formula set forth in Exhibit C hereto. D. Any protest, complaint or legal action of any nature whatsoever pertaining to the annexation ofthe Property to SLLD No. 2 and/or to tiie levy of the Proposed Annual Assessment against the Property. SECTION 5. Acknowledgment of Citv. City acknowledges tiiat by execution of this Agreement, Owner shall have satisfied tiie Condition of Approval re Annexation and City agrees not to prevent, delay or withhold any approval necessary for the development of tiie Property by reason ofthe Condition of Approval re Annexation. SECTION 6. Conflict with Other Agreements. Except as specifically provided herein, nothing contained herein shall be construed as releasing Owner from any condition of development or requirement imposed by any other agreement with City. SECTION 7. General Standard of Reasonableness. Any provision of this Agreement which requires the consent, approval, discretion or acceptance of any party hereto or any of their respective employees, officers or agents shall be deemed to require that such consent, approval or acceptance not be unreasonably withheld or delayed, unless such provision expressly incorporates a different standard. SECTION 8, Entire Agreement; Amendment. This Agreement and the agreements expressly referred to herein contains all of the agreements of the parties hereto witiii respect to the matters contained herein and no prior or contemporaneous agreement or understandings, oral or written, pertaining to any such matters shall be effective for any piupose. No provision of this Agreement may be modified, waiver, amended or added to except by a writing signed by tiie party against which the enforcement of such modification, waiver, amendment or addition is or may be sought. SECTION 9. Notices. Any notice, payment or instrument required or pennitted by this Agreement to be given or delivered to either party shall be deemed to have been received when personally delivered or seventy-two (72) hours following deposit of the same in any United States Post OfBce in California, registered or certified, postage prepaid, addressed as follows: Owner: Presidio Cornerstone QC, LLC c/o Cornerstone Communities, LLC Attention: Ure Kretowicz 4365 Executive Drive, Suite 600 San Diego, CA 92121 23 City: City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 Attn: Finance Director Witii a copy to: City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92009 Attn: City Attomey Each party may change its address for delivery of notice by delivering written notice of such change of address to the other party. SECTION 10. SeverabUitv. If any provision of tills Agreement is held to be illegal or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be given effect to the fiillest extent reasonably possible. SECTION 11. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the successors and assigns ofthe parties hereto. Owner may not assign its rights or obligations hereunder except by written assignment thereof and upon written notice to City witiiin ten (10) days of the date of such assignment indicating the name and address of the assignee. Upon such notice and the assumption by the assignee of the rights, duties and obligations of the Owner arising under or fi-om this Agreement, Owner shall be released by City from all future duties or obligations rising under or from this Agreement. SECTION 12. Goveming Law. This Agreement and any dispute arising hereunder shall be govemed by and interpreted in accordance widi the laws of the State of California. SECTION 13. Construction of Agreement. This Agreement has been reviewed by legal counsel for both the City and the Owner and shall be deemed for all purposes to have been jointly drafted by the City and the Owner. No presumption or rule that ambiguities shall be constined against the drafting party shall ^ply to the interpretation or enforcement of this Agreement. The language in all parts of this Agreement, in all cases, shall be construed as a whole and m accordance with its fair meaning and not strictiy for or against any party and consistent with the provisions hereof, in order to achieve the objectives of the parties hereunder. The captions of the sections and subsections of this Agreement are for convenience only and shall not be considered or referred to in resolving questions of construction. SECTION 14. Recitals; Exhibits. Any recitals set forth above and any attached exhibits are incorporated by reference into this Agreement. SECTION 15. Authority of Signatories. Each signatory and party hereto hereby represents and warrants to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement, and that all resolutions and/or other actions have been taken so as to enable such party to enter into this Agreement. SECTION 16. Recordation. This Agreement or a notice describing the existence of this Agreement may be recorded by the City. The parties hereto agree to execute such dociunents as may be needed to give such notice. [Remainder of this page intentionally left blank.] 2^ Signature of Owner or representative Type or print name of Owner or representative . >, CITY OF CARLSBAD, a municipal corporation of the State of California ^SON S. GELDERT, P.E. 'City Engineer (Proper notarial acknowledgment of execution by OWNER must be attached) (Chairman of the Board, President, or any Vice-President and secretary, any assistant secretary, the Chief Financial Officer, or any assistant treasurer must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: CELIA BREWER City Attorney ..ML RON KEMP Assistant City Attorney, City of Carlsbad CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE §1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of Califomia County of 3^ y\ On h ) Date personally appeared before me. l^Ofr) Jin^ rTo/h-^ hlohnj Puh/A Here Insert Name and Title of the Officer Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Sf&iidl^ COMM. #2107902 3 S^^^iW NOTARY PUBUC • CALIFOra«A 1 r^SES^ SANDIEGOCOtMY « ? ^sB5'^ComniBSionExpiPBsApril20.2019| WITNESS my hand and official seal. Signature Signatureldf Notary Public Place Notary Seal Above OPTIONAL Tliough this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: • Corporate Officer — Title(s): • Partner — I Umited • General • Individual • Attomey in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: Signer's Name: • Corporate Officer — Title(s): • Partner — • Limited • General • Individual • Attorney in Fact L Trustee • Guardian or Conservator C Other: Signer Is Representing: ©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 CALIFOFtNIA ALL-PURPOSE ACKNOWLEDQMENT A notary puMc or ottier officer completing thb certificate verifies only the Identity of the Individual who signed the document to which this certificate Is attached, and not the tnjthfulness. accuracy, or validity of that document. Slate of CaHfomia County of SsTn P^^S^^ On before me personally appeared . HBTB Ifsert Name and WB of th6 Offhar ' Narw(s) of Slgnerfsj v^ho proved to me on the basis of satisfactory evidence to be the pefson(«) whose namettf Is/aore- aubsorlbed to the wltNn Instrument and acknowledged to me that hefetoimey executed the same In hls/h«*elr authorized oapaoltytoB^, and that by hlB/1«a4^lr signature^ on the Instnjment the personte) or the entity upon behalf of whi* tho peraor^ acted, executed the Instrument. I certify under PENALTY OF PERJURY under the laws of the state of California that the foregoing paragraph Is true and oorrect. T ILSE GUIDO-JACKSON COMM. #1961800 ^ Notary Public • California § San Diego County - My Comm. B^ires Dec. 23.2015[ WITNESS my hand and official seal. Signature ^.S-^ie Gcue^ fcgja^—- signature ofNoU Place Notary Seal Abova • OPTIONAL • VriliJIUHL. Though this secffon fe option^, complotlng this formation can defer a/fanaf/on or tha document or fraudulent reattet^mentof this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Slgner(s) Other Than Named Above: Capaoitypes) Clalmad by Signerts) Signer's hJame;. Document Date: • Con»rate Officer - T1t!a{8): O Partner - • Umited • General • Individual • Attomey In Fact • Tnistee • Guardian or Conservatt^ • Other; signer Is Raprosontlna: Signer's Name; • Corporate Officer - Tltle(8): • Partner- • Limited • General D IndMduai • Attorney In Fact • Trustee • Guardian or Conservator • other: signer Is Representing: ©2014 National Notary Association • wwvif.NaBcnalNotaty.org • 1-800-US NOTARY (1-800-876-6827) Item «5907 OTLESO) VSD»p»tB»Ms\CEmuntlD«vlPROJECTS\CT\CT 11\CT 1 f .00 Quiny CfMk - Uv/B t AlPrtWon (OT lncliMkin.doo R«0t/2S(I3