Loading...
HomeMy WebLinkAboutAD 2002-01; ASSESSMENT DISTRICT 2002-01; APPORTIONMENT REPORTS;CITY OF CARLSBAD APPORTIONMENT AND AMENDED ASSESSMENT REPORT ASSESSMENT DISTRICT No. 2002-01, (POINSETTIA LANE EAST) AMENDING ASSESSMENT NUMBERS 4-24, 4-259 4-26, 4-27 AND 4-28 CARLSBAD TRACT CT 06-20 JUNE 2008 AW/WI LLDAN Financial Services Corporate Office: 27368 Via Industria Suite 110 Temecula, CA 92590 Tel: (951) 587-3500 Tel: (800) 755-6864 Fax: (951) 587-3510 Regional Office Locations: Lancaster, CA Oakland, CA Sacramento, CA Phoenix, AZ Orlando, FL Seattle, WA Memphis, TN I U I TABLE OF CONTENTS - APPLICATION FOR APPORTIONMENT..................................................EXHIBIT I I METHOD OF SPREAD ............................................................................. EXHIBIT 2 REVISED SPREAD AMENDING ASSESSMENT.....................................EXHIBIT 3 I CARLSBAD TRACT CT 06-20 AND THE CONDO PLAN FOR THE TOWERS AT BRESSI RANCH PHASES 1,2 AND 3 ................EXHIBIT 4 AMENDED ASSESSMENT DIAGRAM.....................................................EXHIBIT 5 NEW ASSESSORS PARCEL MAPS........................................................EXHIBIT 6 NOTICE TO BONDHOLDER....................................................................EXHIBIT 7 NOTICE OF AMENDED ASSESSMENT ..................................................EXHIBIT 8 I I I [ I I U I I i U I I EXHIBIT I I Pu,p4 (Maa iThack Dfla}: r i3Ub1rAion Mp No Cr MC Pi*rnet ni*p No.: Lot Urin MUa1rnen1 NO.: pgf MAP WAaJu.: U,jniiir ofwW 1*013, 2 TractMar, Appn*Orueth t6 ot (nnm rutwi-N) iiir Chaplier 2, S.ieUuu 66420 of fla Sut,diah.kjn Ma, A: ($ the Fee Schedule effaeficd) r&At Mip Apea4iaTimant 14 or kma pNeftb pet bhaphar Z, Secrice St46 of th thidrvfbn Map Pi-X (ha aa 3daa4oia l'ada.J) I I I I 1 - CITY or CARLSBAD APPLICATION FOR ASESSWIEW1 APPoF1lONMF?4 I Plio nompicie thr appliooUom n lull. War to the atluched -truc(ions for atslnce. rgMurn omplefod form to cITY or OAILSikU - I LJowioprnent Servim I Enrjtneetin Couu I 1838 Pornday Avenue riadCA0OC8 PALOMAR AIRPORT ROAD,_LLC (MATTHEW REID) (8i8) 817-7910 ear/ ngneef i171 TOWNE CENTER DRIVE #460. SAN DIECO, CA 02122 -- POINSE I HA LANE EASt 2002-01 ,iraa&nTelrt O1sfrM Nam and M,,nbm- THE TOWERS AT BRESSI RANCH CT 06-20 Call tl MBS Guvmmwnt Fluanee Grct4 at (800) 878-756 (or DthJul arid/or PaJatL Infwmafinin APN(c) I,at Oo.erpUuu Ortgnt 4semtMeuru(a) 21-7-01 tt,T24, MAP NO. 149O 211.626,-.92 lOT Pç60 LOT, MAO. 14414.1 - 716-4 . _i.QT27. K.T.O. i4Q6a - $105098.35 J3.. po.tao .. I I I I I 11 r.aw widaiIiwi, ww.g lbs Cwnw vi Iutaretod Patty tu piopettl ujet foth below, tierty revests the CRy i CwMad to vipvitiwi lia .vrtv.urit rrai,ulning urpuld on the .ibve ziimi.wietat4$ ii vecuidatee w41i the pions if Part 0.5 of the 'lno,aeiwit Hotel Act of 19l5 or Part 5. Chup.r .5 of ML 1.mpiraWnQmltAi of 1911, and aaid oiiaaiina;il (a tube apoorud to eaChvispMatopa-I of th oihjeaal kit a .aoef of Iwi,4 tIer eppoiUol.41u ho Ali iu-n t sintrainkg urpatd on the a.cetzrienl itial FOul ieee "Uri hived i}aqecm liii the lot ui tiac iii 12 Joi Appil Fahi / -- - IMPORTANT, TWO COI(Eit OF THF( FINAl MAP OR AWUS MENT PLAN 119 x 26 al.U1.LINE ti. a isr x II 1UUCI c*i MU UT E3E PROVIDED TO BE 03ED AS THE BASIS FOR THE AMENDED ASSESSMENT DIAGRAM. Cr ernacraacAe7epOpM8puTo.CATioR FOR ASatIsa NTiFpuNT9J(iMEtl (hi xCaj I4?V44tJ JJ.0 I I I I I I 1 I I LI I I I I I I I I 1 EXHIBIT 2 I City of Carlsbad -Assessment District No. 2002-01 (Poinsettia Lane East) Page 10 l ie EXHIBIT A METHOD AND FORMULA OF ASSESSMENT SPREAD I Since the improvements are to be funded by the levying of assessments, the Assessment Law requires that assessments be based on the special benefit that the properties receive from the improvements. In addition, the Assessment Law I provides that a parcel's assessment may not exceed the reasonable cost of the proportional special benefit conferred on that parcel. Further, only special benefits are assessable and the local agency levying the assessment must I separate the general benefits from the special benefits. All publicly owned property must be assessed if it specially benefits from the improvements. The Assessment Law does not specify the method or formula that should be I used to apportion the costs to properties in any special assessment district proceedings. The responsibility for recommending an apportionment of the costs to properties, which specially benefit from the improvements rests with the Assessment Engineer, who is appointed for the purpose of making an analysis of I the facts and determining the correct apportionment of the assessment obligation. In order to apportion the assessments to each parcel in direct proportion with the special benefit which it will receive from the improvements, an in-depth analysis I has been completed and is used as the basis for apportioning costs to each property within the Assessment District as explained below. I • Based upon an analysis of the special benefit to be received by each parcel from the improvements, the Assessment Engineer recommends the I apportionment of costs as outlined herein. The final authority and action rests with the City Council after hearing all testimony and evidence presented at a public hearing, and the tabulation of the assessment ballots previously mailed to all record owners of property within the Assessment District. Upon the conclusion of the public I hearing, the City Council must make the final determination whether or not the assessment spread has been made in direct proportion to the special benefits to be received by each parcel within the Assessment District. Assessment ballot I tabulation will be finalized at that time and, if a majority of the assessment ballots received prior to the close of the public hearing weighted by assessment amount are not opposed to the levy of the assessments, then the City Council may confirm I the levy of the assessments. The following sections define and explain the special benefits and general I benefits, and set forth the methodology used to apportion the costs of the improvements providing special benefits to each parcel, and confirm that the assessments are reasonable and justified. I The Method of Apportionment 1 • The Assessment District improvements have been assigned into six benefit components; roadway, potable water, recycled water, sewer, dry utilities and I Prepared by Galen N. Peterson March 29, 2004 1 I City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 11 • incidental expenses. Roadway improvement costs are spread on vehicle average daily trip (ADT) generation. Potable water, sewer and dry utility costs are spread on an equivalent dwelling unit (EDU) basis. Recycled water costs are spread to ' the roadway and specific parcels based on the amount of recycled water used for the irrigation of each roadway and specific parcel. The incidental expenses have been based on either the actual cost to each component of the improvements or if the incidental costs apply to all such components then to the prorated construction cost of each such component. Because some of the assessor parcel boundaries do not coincide with the Village I Planning Areas or Neighborhoods, some initial assessments will be placed in aggregate on multiple assessor parcels until final maps are recorded and the new assessor parcels coincide with the Village Planning Areas or Neighborhoods as I applicable. The procedure of identifying and apportioning special benefit to the land uses and I parcels has been organized as follows: I A. Identification of Benefit Components A-I Backbone Roadway Improvement Components I • A-2 Backbone Potable Water and Sewer Improvement Components A-3 Backbone Recycled Water Improvement Components I A-4 Backbone Dry Utilities Improvement Components 1 . A-5 Incidental Expenses Components Special Benefits General Benefits Proportioning Special Benefits D-1 Land Use Categories 0-2 Proportionate Special Benefit of Roadway Improvements D-3 Proportionate Special Benefit of Utility Improvements D-4 Proportioning Formation, Issuance and Financing Costs I. 1 Prepared by Galen N. Peterson March 29, 2004 I I I I City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 12 I • E. Proclamations E-I Assessments Equal to or Less Than the Proportional Special Benefits I E-2 Reasonableness and Justification of Assessments I E-3 Future Apportionment A. IDENTIFICATION OF BENEFIT COMPONENTS I The improvements to be acquired or constructed by the City from the proceeds of bonds issued for each benefit area of the Assessment District are necessary for development of the Assessment District parcels and are required by the Villages of I La Costa (The Greens) and by the Bressi Ranch Master Plans and the conditions of development as set forth in the land use entitlements approved by the City for each benefit area. Without the improvements, the parcels within I the Assessment District cannot be developed to their planned ultimate uses pursuant to such land use entitlements. It is unfeasible and impractical for the parcels to be utilized to their highest and best I use without the backbone roadways and utilities that will be funded by the Assessment District. I • A-I Backbone Roadway Improvement Components I backbone The foremost purpose of the Assessment District is to provide financing for the road access so the Assessment District parcels can be developed. The most significant and costly improvement is the work associated with the road construction. The road construction has created the I need to relocate sewer mains and utilities, re-establish habitat areas, and install landscaping to protect the roadway slopes. The road construction has also created the need to construct storm drains to protect the roadway and to I relocate other facilities and provide mitigation areas that would not have otherwise been necessary if the road was not constructed. The road and associated costs have been placed into one roadway improvement component I for the purpose of defining the roadway costs and apportioning special benefit. A percentage of the cost of the backbone recycled water distribution system I has been spread in the same manner as the roadway expenses. This portion of the recycled water system improvements will provide an irrigation water system for the roadway landscaping. I I. 1 The roadway improvement component includes: Poinsettia Lane, El Fuerte, El Camino Real, relocation of utilities, establishment of habitat mitigation areas, and a portion of the recycled water system to serve the roadway landscaping. Prepared by Galen N. Peterson March 29, 2004 1 City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 13 I • A-2 Backbone Potable Water and Sewer Improvement Components Coincidental to the roadway improvements is the necessity to construct certain I backbone utility improvements within the roadway right of way concurrently with construction of the roadway improvements. These improvements confer a different special benefit to the properties than the special benefit conferred by I the roadway improvements. Therefore potable water and sewer (other than relocated facilities for the roadway costs) have been separated into wet utility components for purposes of defining special benefits and allocating the costs I of such components. A-3 Backbone Recycled Water Improvement Components I Coincidental to the roadway improvements is the necessity to construct certain backbone recycled water improvements within the roadway right of way ' concurrently with construction of the roadway improvements. A percentage of these improvements confer a different special benefit to the properties than the special benefit conferred by the roadway improvements based on where I the recycled water will be used. The recycled water facilities have been separated into a separate component for purposes of defining special benefits and allocating the costs of such components. I • A-4 Backbone Dry Utilities Improvement Components Coincidental to the roadway improvements is the necessity to construct certain I backbone dry utility improvements within the roadway right of way concurrently with construction of the roadway improvements. These improvements confer a different special benefit to the properties than the special benefit conferred by ' the roadway improvements. Therefore the dry utilities have been separated into a separate component for purposes of defining special benefits and allocating the costs of such components. I A -5 Incidental Expense Components I I Li 1• I In addition to the improvement costs, there are incidental construction administration and Assessment District formation expenses. These costs include, but are not limited to: construction administration, construction supervision, design, testing, surveying, assessment engineering, audit of acquisition costs, financial advisors, appraisals, bond counsel, underwriting, official statement printing, financing cost and establishment of a bond reserve fund. The costs of the formation of the Assessment District, including the costs of issuance, have been determined to be eligible for inclusion and are included in the Assessment District incidental costs. Some of these costs can be assigned directly to one of the benefit components as shown in Appendix "E". Other costs that cannot be assigned directly to one of the benefit Prepared by Galen N. Peterson March 29, 2004 1 I I City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 14 I • components have been prorated to each assessment number in accordance with that assessment number's share of the construction cost. I B. SPECIAL BENEFITS The purpose of this Assessment District is to fund the construction and ' acquisition of public improvements required to serve the Assessment District parcels. Special benefit is received by each parcel within the boundaries of the Assessment District from new roadway access and the availability of utility services that are required and necessary for the properties to develop to their highest I and best use in accordance with and as permitted by the approved land use entitlements. I The improvements to be constructed and/or acquired by the District accommodate the planned development within the Assessment District area in accordance with the approved land use entitlements. The Villages of La Costa (The I Greens) and the Bressi Ranch Specific Plan environmental documents and the. Tentative Map identify the need for access and utilities, and place conditions upon the parcels within the Assessment District to provide those improvements. I The Assessment District Improvements satisfy the conditions of development by providing access and backbone utilities so the projects can support their planned uses. Without the improvements, the parcels within the Assessment District could i • not be developed to their planned and conditionally approved uses. The special benefit conferred on the parcels within the Assessment District from I the proposed improvements include: increased development potential, relief from access constraints, improved accessibility to utilities, fulfillment of development conditions and ensured investment returns. The special benefit to each parcel is I such that the parcels will be allowed to gain access to a public street network and have water, sewer, recycled water and dry utilities- readily available, thereby allowing them to develop to their highest potential. I Special benefit accrues to each parcel to be subdivided and served by the improvements to be constructed. Since some of the areas within the Assessment District have not been subdivided into individual lots at this time, the 1 assessments will be placed in aggregate on one or more existing assessor parcels and apportionment of the assessments will take place as final maps record. C. GENERAL BENEFITS Some public improvements will confer general benefit to properties or the public at I large outside the Assessment District. In making an analysis, a review was conducted of the surrounding areas. The review resulted in identifying general benefits that accrued to properties outside the Assessment District. I. I Prepared by Galen N. Peterson . March 29, 2004 I City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 15 I • Poinsettia Lane is designated as a prime arterial roadway. Previously, Poinsettia Lane did not exist east of El Camino Real. Four lanes are proposed to be constructed. Two lanes are required to serve the estimated volume of traffic I generated by the Assessment District parcels. Two center lanes (one in each direction) are required for through traffic originating outside of the Assessment District. The costs associated with the construction and placement of the asphalt I benefit and base for the two center lanes have been determined to be a general and will not be assessed to within the Assessment District. parcels El Fuerte Street is designated as a secondary arterial roadway and will be I . constructed from Palomar Airport Road south to connect to the existing terminus of El Fuerte Street at the southerly boundary of Bressi Ranch. Four lanes are proposed to be constructed. Two lanes are required to serve the estimated I volume of traffic generated by the Assessment District parcels. Two center lanes (one in each direction) are required for through traffic originating outside of the Assessment District. The costs associated with the construction and I placement of the asphalt and base for the two center lanes have been determined to be a general benefit and will not be assessed to parcels within the Assessment District. I Based on the estimated roadway construction costs, the cost of the roadway base and asphalt pavement to provide the two center lanes for both Poinsettia I .Lane and El Fuerte Street is approximately $968,360. The grading beneath the two center lanes of each roadway benefits the Assessment District because it provides lateral support to the Assessment District paved lanes. This I grading can not be eliminated from the overall roadway grading without constructing retaining walls that would unreasonably increase the Assessment - District cost. Therefore all of the Poinsettia Lane and El Fuerte Street grading I provides special benefit to the Assessment District Properties. D. PROPORTIONING SPECIAL BENEFITS I D-1 Land Use Categories The following land use categories are included in the Assessment District: I planned industrial, business park, community retail, office, single-family detached and single-family attached residential, apartments (affordable housing), assisted living, daycare center, boys and girls club, church, school, I home owners association recreation areas, park and open space. Except for the irrigated areas in Assessment Numbers 17 and 39 (Village Green OS-2 and open space lot 34), the non-active and I undeveloped open space areas do not receive special benefit from the works of improvements and will not be assessed. Open space areas are those areas that are deeded or perpetually designated in easements. 1 Prepared by Galen N. Peterson March 29, 2004 I I City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 16 I .D-2 Proportionate Special Benefit of Roadway Improvements Trip Generation Factors for Roadway Improvements I The use of and need for roadway improvements is a function of the number of vehicle trips per day generated by the use of the land I served by the streets. Traffic engineers have developed traffic generation factors, which are related to development density and type of land use. Therefore, trip generation is an appropriate basis for apportioning roadway improvements and related costs among the I specially benefited parcels. The trip generation factors will be estimated from the July 1998, SANDAG Trip Generation Manual and weighted as explained below. I SANDAG categorizes trips as primary, diverted and pass-by. This analysis uses only the primary trip percentages for the non-residential I land use categories to avoid double counting of the residential trips. Single Family Detached Trip Generation I The Average Daily Trips (ADT) per detached single-family dwelling is 10 ADT. The Assessment District single-family dwelling product types are similar to the SANDAG study areas. I • Single Family Attached Trip Generation The Average Daily Trips per attached dwelling unit or for a condominium I unit is 8 ADT. Affordable Housing (Bressi Ranch) Trip Generation I The Average Daily Trips for each affordable housing unit, based on the formula in footnote R of the 1998 SANDAG Trip Generation Manual, is 6.4ADT (-2.169 Ln(100 units/5.13 ac) + 12.85). Apartment Affordable Housing (Greens) Trip Generation The Average Daily Trips for each affordable housing unit, based on the 1 1998 SANDAG Trip Generation Manual for apartments, is 6 ADT. Assisted Living Trip Generation The Average Daily Trips for each assisted living room, based on 1998 I SANDAG Trip Generation Manual for congregate care facility, is 2 ADT. Industrial Trip Generation I The Average Daily Trips for industrial park is 80 ADT per net acre. The primary trip percentage for industrial park is 79%. I,. I Prepared by Galen N. Peterson March 29, 2004 1 City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 17 is Community Retail Trip Generation The Average Daily Trips for commercial shops - specialty retail/strip commercial is 40 ADT per 1,000 square feet. The primary trip percentage for this land use is 45%. Office Trip Generation The Average Daily Trips for corporate headquarters office is 7 ADT per 1,000 square feet. The primary trip percentage for this land use is 82%. School Trip Generation I The Average Daily Trips for an elementary school is 60 ADT per net acre. The primary trip percentage for an elementary school site is 57%. I Church Trip Generation The Average Daily Trips for a church is 30 ADT per net acre. The primary trip percentage for a church site is 64%. I Day Care Trip Generation The Average Daily Trips rates for day care use is 80 ADT per 1,000 square feet. The Floor Area Ratio for the day care sites is estimated at I 0.1 of building per net land area. Therefore, the 80 ADT per 1,000 square feet is equivalent to approximately 348 ADT per net acre (80 I times 43,560/1,000 times 0.1). The primary trip percentage for a day care is 28%. I Boys & Girls Club Trip Generation The Average Daily Trips for a multi-purpose recreational facility is 90 ADT per net acre. The primary trip percentage for this land use is 52%. I Home Owners Association Recreation Areas Trip Generation The Average Daily Trips generation for the home owner's association (HOA) recreation areas, which is equivalent to a neighborhood park, I is 5 ADT per net acre. In order to avoid double counting the residential trips, the primary trip percentage used for external trips is 25%. The HOA lots 47, 48 and 49 within Benefit Area No. 2 were assigned 10, 2.8 I and 1.9 ADT per site, respectively. The three HOA areas in Planning Areas 9, 10 and 12 and the Village Green area (OS-2) within Benefit Area No. 1 were assigned 13.9 ADT. The Village Square area in I Planning Area 15 within Benefit Area No. 1 was assigned 2.5 ADT. Park Trip Generation The Average Daily Trips generation for a regional park is 20 ADT per , I net acre. The primary trip percentage for a regional park is 66%. I, I Prepared by Galen N. Peterson March 29, 2004 1 I Eli I I I City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 18 Weighted Benefit by Land Use for Roadway Improvements The geographic concentration and placement of major land uses (residential, commercial retail and office, and industrial) within the Assessment District boundaries indicates that their impact on, hence their special benefits from, the roadway improvements are not uniform and should be weighted. The results of a study performed by Urban Systems, Inc. shown at the end of Appendix "F" indicates that the relative weighting for industrial and commercial land use compared to residential land uses on each roadway improvements is as follows: Road Relative Benefit Industrial Commercial Residential and Other Poinsettia Lane 0.4 0.7 1.0 El Fuerte 0.2 0.8 1.0 El Camino Real 0.6 0.5 1.0 These weights were applied to the ADT generation factors discussed above in order to arrive at an allocable share for each of the three roadway improvement costs. The costs for each of the roadway improvements were allocated only to the assessment numbers that specially benefit from such roadway improvements as set forth below: Poinsettia Lane - Poinsettia Lane roadway costs specially benefit all assessment numbers in the Assessment District. Therefore, Poinsettia Lane roadway costs were allocated to all assessment numbers based on the ADT generation factors and weighting applicable to Poinsettia Lane. El Fuerte - El Fuerte roadway costs specially benefit only assessment numbers 1 through 21. Therefore, El Fuerte roadway costs were allocated only to assessment numbers 1 through 21 based on the ADT generation factors and weighting applicable to El Fuerte. El Camino Real (Bressi Ranch portion) - El Camino Real (Bressi Ranch portion) roadway costs specially benefit only assessment numbers 1 through 21. Therefore, El Camino Real (Bressi Ranch portion) roadway costs were allocated only to assessment numbers 1 through 21 based on the ADT generation factors and weighting applicable to El Camino Real (Bressi Ranch portion). El Camino Real (Greens portion) - El Camino Real (Greens portion) roadway costs specially benefit only assessment numbers 22 through 39. i• I I I I I I I I I I I I I. I Prepared by Galen N. Peterson March 29, 2004 1 I I City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 19 I • Therefore, El Camino Real (Greens portion) roadway costs were allocated only to assessment numbers 22 through 39 based on the AOl generation factors and weighting applicable to El Camino Real (Greens portion). I D-3 Proportionate Special Benefit of Utility Improvements The most pertinent and reasonable utility improvement special benefit I variable is average daily demand. The detached single family home will be the basic equivalence for measuring demand to other land use i categories. Potable Water and Sewer I Water and sewer demand was obtained from the 2002 update of the City of Carlsbad Water Master Plan. A summary of the water and sewer usage is shown below: I I. I Land Use Potable Water and Sewer Usage Single Family Detached 550 gallons / day Single Family Attached 250 gallons / day Non Residential 2,300 gallons /10,000 SF /day I A single family detached unit has been assigned an equivalent dwelling unit (EDU) weight of 1.0 EDU. By converting the gallons per day to EDU we arrive at the following table: Land Use Potable Water and Sewer EDU Single Family Detached 1.0 EDU / Unit Single Family Attached 0.5 EDU / Unit Non Residential 4.2 EDU / 10,000 SF I I * The City of Carlsbad Water Master Plan estimates water demand for park as 2.5 acre-foot per acre per year. This translates to 2,230 gallons per acre per day (2.5 x 43,560 x 7.48/365). Potable water demand for park is estimated as 10% of the demand for recycled water for irrigation, resulting in 0.4 EDU per acre (0.1 x 2,230/550) of parkland. Prepared by Galen N. Peterson March 29, 2004 I I I I City of.Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 20 I Homeowner association (HOA) lots water usage was estimated based on the characteristics of the parcels and their expected land use. The HOA lots 47, 48 and 49 within Benefit Area No. 2 were assigned 2.41, 2.08 and 1.43 EDU per site, respectively. The three HOA areas in Planning I Areas 9, 10 and 12 and the Village Green area (OS-2) within Benefit Area No. I were assigned 3.8 EDU. The Village Square area in I Planning Area 15 within Benefit Area No. 1 was assigned 1.0 EDU. The Assessment Diagram identifies two benefit zones for sewer improvements. Sewer Zone A includes all of the Assessment District parcels I that benefit from the sewer improvements. Sewer Zone B includes the remaining Assessment District parcels that do not benefit from the sewer improvements. I The water and sewer costs for new facilities (sewer relocation related to - the construction of the road was allocated with the street costs) related I to each street segment were allocated only to the assessment numbers that specially benefit from such water and sewer costs as set forth below: Poinsettia Lane Segment I - Poinsettia Lane Segment I water costs specially benefit only assessment numbers 22 through 39. Therefore, Poinsettia Lane Segment 1 water costs were allocated only to assessment numbers 22 through 39 based on the applicable EDU factors. Poinsettia Lane Segment 2 - Poinsettia Lane Segment 2 water costs specially benefit only assessment numbers 1 through 21. Therefore, Poinsettia Lane Segment 2 water costs were allocated only to assessment numbers 1 through 21 based on the applicable EDU factors. El Fuerte - El Fuerte water costs specially benefit only assessment numbers 1 through 21. Therefore, El Fuerte water costs were allocated only to assessment numbers 1 through 21 based on the applicable EDU factors. El Camino Real (Bressi Ranch portion) - El Camino Real (Bressi Ranch portion) water costs specially benefit only assessment numbers 1 through 21. Therefore, El Camino Real (Bressi Ranch portion) water costs were allocated only to assessment numbers I through 21 based on the applicable EDU factors. I I I El Camino Real (Greens portion) - El Camino Real (Greens portion) water costs specially benefit only assessment numbers 22 through 39. Therefore, El Camino Real (Greens portion) water costs were allocated only to assessment numbers 22 through 39 based on the applicable EDU factors. Prepared by Galen N. Peterson March 29, 2004 I F I 'I 1 I I I I, i I City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 21 l ie Sewer costs benefit only assessment numbers in Sewer Zone A, as shown on the Assessment Diagram. Therefore, sewer costs for each road segment were allocated to the respective assessment numbers that the water was I allocated to, but only to parcels within Sewer Zone A based on the applicable EDU factors. There was no assessment for sewer costs to the assessment numbers in Sewer Zone B, as shown on the Assessment Diagram. Summary of Special Benefit Factors I I Roadway Improvements Utilities - Primary Trip Adjusted Land Use Category ADT % Applied 1 ADT EDUs Single Family 10/DU 10/ DU 1.0 I DU Detached Single Family 8/ DU - 8/DU 0.5 I DU Attached Affordable Housing 6.4 , DU - 6.4 I DU 0.5 I DU (Bressi Ranch) Apartment (Affordable 6/ DU - 6 /DU 0.5 / DU Housing) Assisted Living 2 I Room - 2 I Room 4.2 / lOksf Industrial 80/ AC 79% 63 / AC 4.2 / 10ksf Community Retail 40/1,000 45% 18/1,000 4.2 /l0ksf SF SF Office 711,000SF 82% 6/1,000SF 4.2/10ksf School 60/ AC 57% 34 / AC 4.2 / 10ksf Church 30/AC 64% 19 /AC 4.2/ 10ksf Day Care 80/1,000 SF 28% 97.4 /AC 4.2 / 10ksf Boys & Girls Club 90 /AC 52% 47/AC 4.2 I l0ksf Homeowners 5/AC 25% 1.25 / AC 4.2 / 10ksf Association Rec Areas and per site and per site Community (Regional) 20/ AC 66% 13 /AC 0.4 I AC Park 1. Primary Trips are defined by SANDAG as "one trip directly between origin and primary destination." Prepared by Galen N. Peterson March 29, 2004 I I City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 22 1 • Recycled Water The recycled water system located within the, public right-of-way will provide I irrigation water to (i) medians, parkways, and adjacent roadway slopes (in and adjacent to the public streets and public easements) (ii) landscaped slopes and pocket parks within the home owners association open space I areas (iii) landscaped areas of the public park (iv) landscaped areas of the school (v) landscaped areas of the private school and (vi) landscaped areas of the industrial section. -. The recycled water system specially benefits only the six categories stated above. Therefore, the recycled water system costs were allocated only to I the irrigated area of these six categories. The percentage of area in each category, determined from the total area in all six categories, was multiplied times the cost of the recycled water system to arrive at the cost to be applied ' to each category. The resulting recycled water system cost for the first category was added to the cost for the roadways and spread to all of the assessment numbers that specially benefit from the roadways. The resulting I . recycled water system cost for the second category was spread to all of the residential units within the homeowners association that specially benefits from the open space areas. The resulting recycled water system cost for the ' last four categories was spread to the assessment numbers that correspond to those areas. I. Dry Utilities The demand for dry utilities is considered to be similar to the factors I used for water and sewer as shown above. The dry utilities costs (limited by the Internal Revenue Service to five percent of the bond issue amount in order for the bonds to qualify for tax-exempt status) were allocated based on EDU factors using the same methodology and, except as noted below, the I same factors as were used in allocating water costs. Due to the unique characteristics of the home owner association lots, the I following dry utilities EDU factors were used for these lots: The HOA lots 47, 48 and 49 within Benefit Area No. 2 were assigned 1.5, 0.3 and 0.3 EDU per site, respectively. The three HOA areas in Planning Areas 9, I 10 and 12 and the Village Green area (OS-2) within Benefit Area No. I were assigned 2.4 EDU. The Village Square area in Planning Area 15 within Benefit Area No. I was assigned 1.0 EDU. D-4 Proportioning Formation, Issuance and Financing Costs I. I The costs to form this Assessment District, including the costs of issuance, have been determined to be eligible for inclusion in the Assessment District Prepared by Galen N. Peterson March 29, 2004 I I City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 23 funding. Some of the incidental costs can be assigned directly to one of the benefit components as shown in Appendix "E". These costs that cannot be assigned directly to any one of the benefit components and therefore have been separated into a separate component for purposes of defining special benefits and allocating costs on a pro-rata basis relative to the improvement costs associated with each parcel as shown in Table 1 of Appendix F. The financing costs (bond discount and bond reserve), including capitalized interest, have also been assessed on a pro-rata basis relative to the improvement costs associated with each parcel. I E. PROCLAMATIONS El Assessments are equal to or less than the proportional special I benefit each parcel receives The special benefit received from the Assessment District improvements I exceeds the assessment allocated to each parcel. The improvements provided will increase the value of each parcel by more than the assessment levied upon it. To ensure that the assessments will be equal to or less than the ' proportional special benefit conferred, a review was made of similar properties in the vicinity. Comparison of recent sales records indicated that the average price per square foot of raw land increased in an amount greater I • than the costs of the assessments per square foot after backbone roadway and utility improvements were in place. I E-2 Reasonableness and Justification of Assessments It is well known and understood by the development community that public infrastructure is required for raw land to develop to its highest and best use. I After the passage of Proposition 13 and Assembly Bill 1600, developers and investors realize that they must provide the public infrastructure to support their developments without burdening existing properties. The I Assessment District improvements are estimated to add 7% or more value to each parcel's overall value. A review of other developments has shown I that this percentage is consistent with the costs of providing backbone access and utilities to raw land in similar developments. Therefore this Assessment levy is reasonable in relationship to the added value the I improvements provide to the parcels. E-3 Future Apportionment of Special Benefit I Special benefit will accrue to each parcel created by the subdivision of the property within the Assessment District. Since certain existing parcels within the Assessment District will not, at the time of formation of the Assessment I District, have been subdivided into final lots, the initial assessments established at the time of formation of the Assessment District will be placed I Prepared by Galen N. Peterson March 29, 2004 El City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 24 I • in the aggregate on the assessors parcels existing at the time of formation of the Assessment District. An assessment levied on a parcel existing at the time of formation of the Assessment District will be apportioned among those I parcels created by the subsequent subdivision of such existing parcel. Assessments apportioned to any parcel created by the subdivision of an existing parcel which is to be owned by a public agency (each, a Public I "501(c)(3) Parcel") or a non-profit 501(c)(3) organization (each, a Parcel") or a home owners association (each, an "HOA Parcel') must be paid off in full prior to the recordation of the final subdivision map creating such Public I Parcel or 501(c)(3) Parcel or HOA Parcel or contributed by the Developer as a reduced purchase price for improvements to be acquired pursuant to the Acquisition/Financing Agreement. The City shall not provide to the owner or I subdivider of such existing parcel a certificate as required by Government Code Section 66493(f) for any subdivision certifying that the City Council has determined that provision has been made for the segregation of the ' responsibility of each of the proposed new parcels for a portion of the assessment unless payment in full of the assessments apportioned to all Public Parcels, 501 (c)(3) Parcels and HOA Parcels created by such subdivision has been received by the City or otherwise contributed as I described above. I It is the City of Carlsbad's policy that final lots that receive similar special benefit also have similar final assessments. If the future subdivision of any planning area does not yield the estimated number of dwelling units, the City I reserves the right to require upon application of assessment reapportionment, that a portion of the outstanding assessment be paid by the property owners to ensure that the assessments remain consistent within and between the planning areas as further provided in the Acquisition/Financing I Agreement. All reapportion ments will be subject to City of Carlsbad policies and procedures. FINDINGS AND DETERMINATIONS OF ASSESSMENT ENGINEER ' The undersigned, Galen N. Peterson, hereby finds and determine as follows: A. The proportionate special benefit derived by each parcel proposed to be assessed has been determined in relationship to the entirety of the costs I of the improvements to be funded from the proceeds of the bonds issued for the Assessment District and the cash collections. I B. No assessment is proposed to be imposed on any parcel, which exceeds the reasonable cost of the proportional special benefit conferred on that parcel. I. I Prepared by Galen N. Peterson March 29, 2004 F1 City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 25 I• C. Only special benefits have been assessed. D. Parcels within the Assessment District that are owned or used by any agency, the State of California or the United States and which receive a special benefit from the improvements have been assessed accordingly. I In conclusion, it is my opinion that the assessments for the referenced Assessment District have been spread in direct accordance with the estimated special benefits that each parcel receives from the improvements. Dated: day of /-14,f c- k( ,200- GALEN N. PETEkSON, P.E. R.C.E. No. 18,364 (Expires 06/2005) ASSESSMENT ENGINEER CITY OF CARLSBAD SAN DIEGO COUNTY l ie STATE OF CALIFORNIA I 1 I I. I Prepared by Galen N. Peterson March 29, 2004 1 I I City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 26 I .I, LORRAINE M. WOOD, CITY CLERK of the CITY OF CARLSBAD, CALIFORNIA do hereby certify that the foregoing Assessment, together with the Diagram attached thereto, was filed in my office on the / 7 hi day of I 2.J4y,200*. CITY OF CARLSBAD I . STATE OF CALIFORNIA LORRAINE M. WOOD, CITY CLERK of the CITY OF CARLSBAD, CALIFORNIA do hereby certify that the foregoing Assessment, together with I the Diagram attached thereto, was preliminarily approved by the City Council of the CITY OF CARLSBAD, CALIFORNIA, on the/ 7day of/iJ4,(.y 2004 CITY OF CARLSBAD STATE OF CALIFORNIA I • I, LORRAINE M. WOOD, CITY CLERK of the CITY OF CARLSBAD, CALIFORNIA do hereby certify that the foregoing Assessment, together with I the Diagram attached thereto, was approved and confirmed by the City Council of said City on the day of 200 I CITY CLERK I CITY OF CARLSBAD STATE OF CALIFORNIA GLENN PRUIM, Superintendent of Streets / City Engineer of the CITY OF CARLSBAD, CALIFORNIA do hereby certify that the foregoing Assessment, together with the Diagram attached thereto, was filed in my office on the i day of , I SUPERINTENDENT OF STREETS /CITY ENGINEER I CITY OF CARLSBAD STATE OF CALIFORNIA I Prepared by Galen N. Peterson March 29, 2004 I I Li Li I I I I 1 I I I Li I I I I 1 EXHIBIT 3 I - - = - - - - - - - - - - = - - - = REVISED SPREAD AMENDING ASSESSMENTS ASSESSMENT DISTRICT 2002.01 (POINSETTIA LANE EAST) CARLSBAD TRACT CT 06.20 CITY OF CARLSBAD SAN DIEGO COUNTY DATE June 20, 2008 PREVIOUS ASSESSMENTS ASSESSMENT ASSESSOR'S PARCEL NET BONDED ASSESSMENT OWNER OF NO. PARCEL NO. DESCRIPTION ACRES LIEN LIEN RECORD 4-24 213-262-01 LOT 24, MAP NO. 14960 6.113 $356,712.12 $409,264.48 PALOMAR AIRPORT ROAD LLC 4-25 213-262-02 LOT 25, MAP NO. 14960 3.158 $184,278.89 $211,427.65 PALOMAR AIRPORT ROAD LLC 4-26 213-262-03 LOT 26, MAP NO. 14960 3.025 $176,517.94 $202,523.32 PALOMAR AIRPORT ROAD LLC 4-27 213-262-04 LOT 27, MAP NO. 14960 2.466 $143,898.59 $165,098.35 PALOMAR AIRPORT ROAD LLC 4-28 213-262-05 LOT 28, MAP NO. 14960 6.062 $353,736.11 $405,850.04 PALOMAR AIRPORT ROAD LLC TOTAL 20.824 $1,215,143.64 $1,394,163.85 AMENDED ASSESSMENTS (1) NO. PARCEL NO. DESCRIPTION ACRES S. F. (2) LIEN LIEN RECORD 4-24-28-1 213-262-11 CARLSBAD TRACT CT 06-20, LOT 1 9.21 $537,018.86 $616,134.79 PALOMAR AIRPORT ROAD LLC N/A 213-262-12,13,14 CARLSBAD TRACT CT 06-20, LOT 2, COMMON AREAS 11.63 $0.00 $0.00 UNKNOWN 4-24-28-2 213-262-12-01 CARLSBAD TRACT CT 06-20, FOR LOT 2, BLDG G 4,818 $20,415.82 $23,423.57 PALOMAR AIRPORT ROAD LLC 4-24-28-3 213-262-12-02 CARLSBAD TRACT CT 06-20, POR LOT 2, BLDG H 3,445 $14,597.86 $16,748.48 PALOMAR AIRPORT ROAD LLC 4-24-28-4 213-262-12-03 CARLSBAD TRACT CT 06-20, FOR LOT 2, BLDG I 3,445 $14,597.86 $16,748.48 PALOMAR AIRPORT ROAD LLC 4-24-28-5 213-262-12-04 CARLSBAD TRACT CT 06-20, POR LOT 2, BLDG J 3,445 $14,597.86 $16,748.48 RUSHALL & MCGEEVER FAMILY L P 4-24-28-6 213-262-12-05 CARLSBAD TRACT CT 06-20, POR LOT 2, BLDG R 3,474 $14,720.75 $16,889.47 VENTURE WALK L L C 4-24-28-7 213-262-13-01 CARLSBAD TRACT CT 06-20, FOR LOT 2, UNIT K-i 2,199 $9,318.06 $10,690.83 PALOMAR AIRPORT ROAD LLC 4-24-28-8 213-262-13-02 CARLSBAD TRACT CT 06-20, POR LOT 2, UNIT K-2 1,921 $8,140.06 $9,339.29 PALOMAR AIRPORT ROAD LLC 4-24-28-9 213-262-13-03 CARLSBAD TRACT CT 06-20, FOR LOT 2, UNIT K-3 3,132 $13,271.56 $15,226.78 NIELS C & TINA J NORBY 4-24-28-10 213-262-13-04 CARLSBAD TRACT CT 06-20, FOR LOT 2, UNIT K-4 3,040 $12,881.71 $14,779.50 PALOMAR AIRPORT ROAD LLC 4-24-28-11 213-262-13-05 CARLSBAD TRACT CT 06-20, POR LOT 2, UNIT K-S 2,990 $12,669.84 $14,536.42 PALOMAR AIRPORT ROAD LLC 4-24-28-12 213-262-13-06 CARLSBAD TRACT CT 06-20, FOR LOT 2, UNIT K-6 3,132 $13,271.56 $15,226.78 PALOMAR AIRPORT ROAD LLC 4-24-28-13 213-262-13-07 CARLSBAD TRACT CT 06-20, POR LOT 2, UNIT K-7 1,921 $8,140.06 $9,339.29 PALOMAR AIRPORT ROAD LLC 4-24-28-14 213-262-13-08 CARLSBAD TRACT CT 06-20, FOR LOT 2, UNIT K-8 2,199 $9,318.06 $10,690.83 PALOMAR AIRPORT ROAD LLC 4-24-28-15 213-262-13-09 CARLSBAD TRACT CT 06-20, FOR LOT 2, UNIT L-1 3,680 $15,593.65 $17,890.98 K C GRIGGS L L C 4-24-28-16 213-262-13-10 CARLSBAD TRACT CT 06-20, POR LOT 2, UNIT L-2 2.886 $12,229.15 $14,030.81 PALOMAR AIRPORT ROAD LLC 4-24-28-17 213-262-13-11 CARLSBAD TRACT CT 06-20, POR LOT 2, UNIT L-3 2,908 $12,322.38 $14,137.76 PALOMAR AIRPORT ROAD LLC 4-24-28-18 213-262-13-12 CARLSBAD TRACT CT 06-20, POR LOT 2, UNIT L-4 2,908 $12,322.38 $14,137.76 PALOMAR AIRPORT ROAD LLC 4-24-28-19 213-262-13-13 CARLSBAD TRACT CT 06-20, POR LOT 2, UNIT L-5 2,886 $12,229.15 $14,030.81 PALOMAR AIRPORT ROAD LLC 4-24-28-20 213-262-13-14 CARLSBAD TRACT CT 06-20, POR LOT 2, UNIT L-6 3,467 $14,691.09 $16,85.44 PALOMAR AIRPORT ROAD LLC 4-24-28-21 213-262-13-15 CARLSBAD TRACT CT 06-20, FOR LOT 2, UNIT N-i 2,170 $9,195.17 $10,549.84 EDWARD R BALLARD 4-24-28-22 213-262-13-16 CARLSBAD TRACT CT 06-20, FOR LOT 2, UNIT N-2 1,775 $7,521.40 $8,629.48 PACIFIC SHORES HOLDING L L C 4-24-28-23 213-262-13-17 CARLSBAD TRACT CT 06-20, POR LOT 2, UNIT N-3 2,828 $11,983.38 $13,748.83 B H G ENTERPRISES L L C 4-24-28-24 213-262-13-18 CARLSBAD TRACT CT 06-20, POR LOT 2, UNIT N-4 2,864 $12,135.93 $13,923.85 PALOMAR AIRPORT ROAD LLC 4-24-28-25 213-262-13-19 CARLSBAD TRACT CT 06-20, FOR LOT 2, UNIT N-5 2,955 $12,521.53 $14,366.26 SMITH MOUNTAIN PROPERTIES L L C 4-24-28-26 213-262-13-20 CARLSBAD TRACT CT 06-20, POR LOT 2, UNIT N-6 1,775 $7,521.40 $8,629.48 CARLTON 0 & SANDRA L LUND 4-24-28-27 213-262-13-21 CARLSBAD TRACT CT 06-20, FOR LOT 2, UNIT N-7 2,169 $9,190.93 $10,544.98 PALOMAR AIRPORT ROAD LLC 4-24-28-28 213-262-14-01 CARLSBAD TRACT CT 06-20, FOR LOT 2, UNIT M-1 3,444 $14,593.63 $16,743.62 PALOMAR AIRPORT ROAD LLC S,Jd-8 Pe 1 of 2 - - - - - - - - - - - - - - - - - - - REVISED SPREAD AMENDING ASSESSMENTS ASSESSMENT DISTRICT 2002.01 (POINSETTIA LANE EAST) CARLSBAD TRACT CT 06.20 CITY OF CARLSBAD SAN DIEGO COUNTY DATE June 20, 2008 AMENDED ASSESSMENTS (1) SSESSMENT NO. ASSESSOR'S PARCEL NO. PARCEL DESCRIPTION BUILDING S. F. (2) BONDED LIEN ASSESSMENT LIEN OWNER OF RECORD 4-24-28-29 213-262-14-02 CARLSBAD TRACT CT 06-20, FOR LOT 2, UNIT M-2 2,889 $12,241.87 $14,045.39 PALOMAR AIRPORT ROAD LLC 4-24-28-30 213-262-14-03 CARLSBAD TRACT CT 06-20, POR LOT 2, UNIT M-3 2,908 $12,322.38 $14137.76 PALOMAR AIRPORT ROAD LLC 4-24-28-31 213-262-14-04 CARLSBAD TRACT CT 06-20, FOR LOT 2, UNIT M-4 2,743 $11,623.20 $13,335.59 PALOMAR AIRPORT ROAD LLC 4-24-28-32 213-262-14-05 CARLSBAD TRACT CT 06-20, FOR LOT 2, UNIT M-5 2,593 $10,987.59 $12,606.33 PALOMAR AIRPORT ROAD LLC 4-24-28-33 213-262-14-06 CARLSBAD TRACT CT 06-20, FOR LOT 2, UNIT 0-1 1,921 $8,140.06 $9,339.29 PALOMAR AIRPORT ROAD LLC 4-24-28-34 213-262-14-07 CARLSBAD TRACT CT 06-20, POR LOT 2, UNIT 0-2 1,919 $8,131.58 $9,329.56 PALOMAR AIRPORT ROAD LLC 4-24-28-35, 213-262-14-08 CARLSBAD TRACT CT 06-20, POR LOT 2, UNIT 0-3 3,339 $14,148.70 $16,233.15 PALOMAR AIRPORT ROAD LLC 4-24-28-36 213-262-14-09 CARLSBAD TRACT CT 06-20, FOR LOT 2, UNIT 0-4 3,245 $13,750.38 $15,776.15 PALOMAR AIRPORT ROAD LLC 4-24-28-37 213-262-14-10 CARLSBAD TRACT CT 06-20, FOR LOT 2, UNIT 0-5 3,194 $13,534.27 $15,528.20 PALOMAR AIRPORT ROAD LLC 4-24-28-38 213-262-14-11 CARLSBAD TRACT CT 06-20, POR LOT 2, UNIT 0-6 3,338 $14,144.46 $16,228.28 PALOMAR AIRPORT ROAD LLC 4-24-28-39 213-262-14-12 CARLSBAD TRACT CT 06-20, POR LOT 2, UNIT 0-7 4,383 $18,572.55 $21,308.74 PALOMAR AIRPORT ROAD LLC 4-24-28-40 213-262-14-13 CARLSBAD TRACT CT 06-20, FOR LOT 2, UNIT 0-8 4,297 $18,208.13 $20,890.63 PHILLIP & LESLIE SALVAGIO 4-24-28-41 213-262-14-14 CARLSBAD TRACT CT 06-20, FOR LOT 2, UNIT P-i 2,160 $9,152.80 $10,501.23 PALOMAR AIRPORT ROAD LLC 4-24-28-42 213-262-14-15 CARLSBAD TRACT CT 06-20, FOR LOT 2, UNIT P-2 3,215 $13,623.26 $15,630.30 PALOMAR AIRPORT ROAD LLC 4-24-28-43 213-262-14-16 CARLSBAD TRACT CT 06-20, FOR LOT 2, UNIT P-3 3.167 $13,419.86 $15,396.94 PALOMAR AIRPORT ROAD LLC 4-24-28-44 213-262-14-17 CARLSBAD TRACT CT 06-20, FOR LOT 2, UNIT P-4 3,587 $15,199.58 $17,438.84 PALOMAR AIRPORT ROAD LLC 4-24-28-45 213-262-14-18 CARLSBAD TRACT CT 06-20, POR LOT 2, UNIT P-5 3,772 $15,983.50 $18,338.25 PALOMAR AIRPORT ROAD LLC 4-24-28-46 213-262-14-19 CARLSBAD TRACT CT 06-20, FOR LOT 2, UNIT P-6 4,108 $17,407.26 $19,971.78 PALOMAR AIRPORT ROAD LLC 4-24-28-47 213-262-14-20 CARLSBAD TRACT CT 06-20, FOR LOT 2, UNIT P-7 4,113 $17,428.45 $19,996.09 PALOMAR AIRPORT ROAD LLC 4-24-28-48 213-262-14-21 CARLSBAD TRACT CT 06-20, FOR LOT 2, UNIT Q-i 2.590 $10,974.88 $12,591.75 PALOMAR AIRPORT ROAD LLC 4-24-28-49 213-262-14-22 CARLSBAD TRACT CT 06-20, FOR LOT 2, UNIT Q-2 1,982 $8,398.54 $9,635.85 PALOMAR AIRPORT ROAD LLC 4-24-28-50 213-262-14-23 CARLSBAD TRACT CT 06-20, FOR LOT 2, UNIT Q-3 3,517 $14,902.96 $17,098.52 PALOMAR AIRPORT ROAD LLC 4-24-28-51 213-262-14-24 CARLSBAD TRACT CT 06-20, FOR LOT 2, UNIT 0-4 3,446 $14,602.10 $16,753.35 PALOMAR AIRPORT ROAD LLC 4-24-28-52 213-262-14-25 CARLSBAD TRACT CT 06-20, FOR LOT 2, UNIT Q-5 3,248 $13,763.09 $15,790.73 PALOMAR AIRPORT ROAD LLC 4-24-28-53 213-262-14-26 CARLSBAD TRACT CT 06-20, FOR LOT 2, UNIT Q-6 3,371 $14,284.30 $16,388.72 PALOMAR AIRPORT ROAD LLC 4-24-28-54 213-262-14-27 CARLSBAD TRACT CT 06-20, FOR LOT 2, UNIT Q-7 3,112 $13,186.80 $15,129.54 PALOMAR AIRPORT ROAD LLC TOTALS 20.84 160,033 $1,215,143.64 $1,394,163.85 Total Assessments allocation based on acres $537,018.86 $616,134.79 Assessable Acreages 9,21 9.21 Assessment I Acre $58,308.24 $66,898.46 Total Condo Parcel Assessments based on Bldg Sq $678,124.78 $778,029.06 Assessable Building Square Feet 160,033 160,033 Assessment I Bldg Square Foot $4.24 $4.86 Total Assessments $1,215,143.64 $1,394,163.85 to accordance with Method of Assessment in Engineer's Report, spread of assessments between Lot 1 and 2 is based on acreage; Lot 2 assessment is further allocated to condos based on Total Building Sq. Ft., which is considered equitable. Source: CB Richard Ellis, Leasing Agent for The Towers at Bressi Ranch p:carlsbad\3208094.8\ Splits Page 2 of 2 I I I I I I I 1 I 17, I LI 1 H 1 I I 1 EXHIBIT 4 I - - - - - - - = - - - M - - - - - - MAP NO. 15630 CARLSBAD TRACT CI 06-20 IN THE COUNTY OF SAN DIEGO. STATE OF CALIFORNIA THE TOWERS AT BRESSI RANCH TOTS 14 0040000 20. INCCiJSI'lC, OH 0101103.00 TRACT CI D2 5.Ill THE 01Y OF 00810075, 00011411 OF 005 001001 '11091 Cr 04(11)91510. 5000001440 10 MOP DIE000E NO 0S0 11100 IN TAD 0111CC 047 TAlE. 0010510 OI.CCIlETIIl cr SAN 01(03 OTOINVY, YCOII011IT I, DONS, 04000l0'IT3CS 00070ATEC BY I2CIAIIiTRMNIAI.34 *1155 TTIE 00*0050, 01400.21 90, U3207C'6"903..5IIP, RATED - 0441705 AREA - 20,025 0(0705 NUMBER 10' LA'S - 2 OWNER'S STATEMENT 91. DC ul2C.CASGI,CO, 01100; ALl. lIlt P10111110 AIlING ACCORD DICE D.TCDEST 14 lIE TIMID DOING 0(101(5(0 NV lIAR Mop DO HEREBY CONSENT TO fit PIlEPAflArOS AilS ACCODDAITON OF THIS Ml? As 500101 i*lliM IkE 000010100044 DOAIIDIRT LINE. AC SlANT 011044' Ir 'ITS CITV CIE COL000II AN ENSCIIENI FOR P0000 0070010 PIJAPOSES (111.0 P0101055 SE .000 403 2 All 0000144 09 SAD ASP. NE 01.0100 0014(1701, 0101411000 Sf101410 Cr 100(50 19 0145 10 INTIC,IAIION 94*0 AND CATCAll' I0CALT, EACEPT rca .000.US LTRNOO 40, I AND 40. 2. ALL 00 0101740 05 lAO MAP. AXIS 00804003011 .00 U CCPIOCIIITIU,2 I'*0,A01r AS 0(014(5 IN 10100129 SlID CR DO CIVIL CODE OF.15107 50010 01 011000100*. (051411856 A WAY:—DI' 4,3 CCMRT14UAA. 05115 5411,51 Coy AND 03 COIIIICRIDAl, 00010 *111,110 101 2. AND IS P4.100001011 10 DIE SIAIIASTTUDM MOP ACI. PALCI4024 AIRPORT ROAD. 110. A 5114000015 DM1010 UHAIIIT COMPANY all 00.5 00410101015 11$. 90 0 MIIITI000 (0101 SEll. IS 0101531 MCMI CD U TIED 94. P.1:0. 01CC PIIESIOENT 010 91500000 01110€ BANI, 9.1., DEIIEVLTTIIO lNl)T.N 0110 00 RUST 01(0001110 0101(4000 5 2005 10 CCC. '10. 20)5-01001140 ON 111207 5t00j,, 1oi2t:J'.J4 L 5101: UCE IT TIE: tJIt 50 SI0I14.T'JOES OF TIC P04411(5 USILO DECOR. DATIERS RI' EASEMENTS PER DOCRAICATS TIOTCD 0074.0*0 21401 DEC14 OAM.T1tD 0140CR TAO PROIISIHTIS OF 5(01105 601344. 0(050% (A) 13) )AI (IA' SIt 001001015044 ,4410 ACT, 414718 INTEREST 0 oUCH 01101 IT CANNOT iIP($ 1410 A 11(07 lICE TRIO 5040 SICNAIJACS SOC IT 0010.114000 MV DIE 0001054110 0001 I. 10*. COUNTY OF SAN 01100. HOLDER AR' 1*514601115 FOR *7000509 P1,-OPUSES 000044061 000001 II, ISIS AS INSITAJMCNl SO 17-520317 *110 400051 20. 1407 AS INS1IS0IAET1T 901 81- 472250. 0004 DR 013101/IC 007073005. THE (100 CI' CA'ICSITAD. 00104.0 04' 009 (00071107111 TO thETIS TRIO 4.5811046 0411150191 SII400TT.IDES MAD SLOPES RCCCRTIEI) 0(1910101.1 C. 502 05 IIlSTMAI*ENI AS 4992-0743100 OH 1911061, RCCOEICOI DAN DIEGO GAS AND 17707(1010 00011050, IIIT00EA CA' EASENO.'NTS 11014 AERIAL NOD ATI010000I,A'O 01005111 IlTILIflES IAC0000E.II 010011 II, DIRTS AS INSTROSCAT ND. 2005-0294001, SPOIL II, 200.5 AS INSI4II0L4CNT 10. 2000-029902, AlA) 0450007 SI. 0007 *5 M5000UETIT 90. 2007-0076000 AlA CR' 01110.41 RECORDS, 4, 0,0710300 M171105*AI. WAIT.R DISTRiCT, 110100* IF MI (21 5501011 ICE, HEAUC 001074 IDlES 0EC044007.D 01000. 27,20101 OS !NSTP.12407.14E 90 2007-00382*9 SF DPI'ICTAI. '10(0056 00050,1.1 10 SECTION 00405 70,:,12 CII -.WE ROIOCIT)DCII III? OCT. TIlt i01100 191 71*5414? 14011701 04010,110 TNt 001.1,011940 )XOIOOITIILI' 001/I0DIIM(1IT: 500550 Rd -IS IS AND TO 1140008 -.08 007 0140 CATCAll *002 IlCCSI0050EO PER MAP tID 146aa lIST 5010944 CII 1100 MAP. STOIC IN 0704(A)TIIA CODJOTY OF DM9 70600 1 ,0 ZZ 2.001 REFOIIE WE. ,,tLtD caht ---2,14puLJL__, 0000090ILI 01500114771 _______________________________ PERIOTIAI.L.Y 1410914 TI) ME (OR..80R,E41.-F004IM-4441R141-*44IO4.tP N*1IDMADDM14HEl,l4E,*0tE,*TO 001 lIlt PEOS(TPI(9) lOOSE 9041(10) 10/ABE 101000*1140(0 TO ME 9111971 INS1IAMLDIT *00 NC*NDSRE00110 TO 26 MAT FIE/Y2-,P,IM'IEI( 11005(00 7040 SONIC II IllS STIORIlPOR AGTIICRTZED CAA100D'IIlSOI, lAID 11111 741 0IS,*IMI,A*I4EI4 DGIAASIAIOT%I. 014 SIC A.SIA'I1I400l1 11107 P005011494 CS TIlE (STIR UPON 0(1401,1' 00' *0*0* 1010 7005014194' ACTED, (XOICI,ITED TRIO DI97ROIIIOAI. 8114(55 1*1 IAN)): P409! . MR 004*05009 Ve&orlmr .... 450101110,01. 15000 Of 40171441000 IS 0101919 COMIBSTICIA TD14DtR.(rl3Q1S !Do.JA STAlE (I' /1 . C000ITY 0€ 00101107 MC, IMDIEO'j MY 110410: PRINT A", CDNUISSIDTI (0010075 P011401141 4'LOEC CM 5050000 CDMAISIAOIA 101/701)47 ID'? COUNTY TREASURER! TAX COLLECTORS CERTIFICATE 0*17, (tAINTS )RE4400IRER-1AA CIXC.EC 1041 041' 1,00. CC0-RIr1 SE SAN 01(0(1 51*10 OF C*CII'ODAIA 7041.1 01447010* CII P00010 440005 OF5010 CR11015, IlCOtOR 004011 111041 THERE ARE NA UNPAID OHECIAI. ADO1.S,SIACIITS 010 BONDS 1141:00 4401 DC. PAID :41 'AOL 54111401 117 THE 60005 OF (AIR OFFICES. *0,571ST 0100 TRACT OR DU0000I00O2I OR DIII P8/IT AICOCTIR 500*11 DII D'E 7144400-ED 44,OP *14) DESCRIBED IN THE CAPTION TIILRR.OF. 0104 IAOAUJOTER CO 00Irl-T*8I.ECTOR L0L CA TIE ACITI I 12410CR CAREt TOOl 04' 010111)0 80005 FOR O;R9C 0*01 'Il /2 170 -7 CITY TREAURER CERTIFICATE 34 I, 44..!*AYCITT TREASURER 01 OlE 1311' CI' CR010000, 518/C OF CAIJHOAIA& 0010011' ((0501 14101 01100 01107 410 COOlS FOR ATIPIO OTT TOOLS 014 090010 001105 :051(0 0100CR 0740 Il4P000CS1CI9l ACT DR MIP0000REIAI 00110 AC! CE lilt STATS OF CAI,1F08411* 045374440 011 THE.130050 Cl (A'S 1)FllOE. ENCLOT T 4 4401 YET P01000(0 AGAINST THE TRACT 001 511`190"09 0.91 '001 *100(01, 011040 ON SIC 04214(0(0 MAP AND OESCIRDED Ill THE CR2111011 1441)1(00. /19 001' 0P,'2/ , 2007 CITY CLERK'S CERTIFICATE I. 1000*10147 U. 1870147. 0113 dElIS OP (TIE (ITT OF 0000)040(1 518/C OR CAIIRORIPA. *1.0001 (CR1111 1001 'HE 'SIIOANC'*. o? SAO 01101.15 APPROVED THIS 1442 OF 0011151411) TI4AOV CT 04-20, CEIISISTISO Or 5 .CI'CCID 0-AD DE.DCRO1CD IN 14107 001011041 I0A,RCGF. AND HAS ACCCIOTEO 01-A 0(11010 00 14407 01010,10 14407 EAREMENI 0044 10110120 SEWER PURPOSES 00 1111004.0 1011 66IEATIO44 171 154,5 MAP AND IIAS AC 07W DII OCIIASI' OF ERIC (I'll' BE CIIIlI.SDAD All 080TTEAS' 480500 191 ICCESS REI.INQAlORED 19 8/ID ED ITIT100A'lI(IlI 11101 AND 34(01460 00*0, EXCEPT 15)4 ACCESS CA'tNIl405 NO. I 4240 00 2, *1,1. AS 000,90(0 05 1105 1142. 041014*5 000153057500. PORN/ANT TO 550711CR 08400.20-1/2 CE TAO 501004015204 8/01 ACT, ThOSE ACCESS RIGHTS OEI.IIIDA,0,CD IN AND 10 iSIIOVATO9 RAY 5110 GATEWAY ROAD 101 PER lISP NO. 14600, NOT 0100511 CII 11115 0*2' IN 111111(50 0101210Cr. SAID CIDJSCIL 075 CAUSED 140507 PRESENTS TO 00 (0000)05 BY TIlt CITY CL(400 TIllS DAT 0Ejp.,Q , 2007 / C0140/ATIE U. 311' ClERIC ASA"' ',OTI/14401f1,- F/CE/I': SHEET I OF 5 SHEETS SURVEYOR'S STATEMENT I. R*I1C7I a 01140. 7 RCCISIERED 1,0110 (001103011 01 1110 STATE 147 110011*951419 II' I'll, 0110001110 9/IA AT ITO P65110115 11101001111 141 TIlE (00(110 III fills MAP '4111171 30 ('AID 001011 1,0 CCR.14'I,ETTOA OP THE 01.001011,0 '*PRAi,EIAESTS AND ACCEPIAIII' €17 101 (Ill or 0700,5000, TRIO SACI1 50110140915 OD 01 E 00 11, AC 15 OUFIDEIEST ENABLE lIlt 51101050 10 DIE RETRACED. 004741 (1.0100 04 SlEET AOl 'Al J. SPEAR k ----- MV 10(4714011 4700015 10.. 01.00 ok CITY ENGINEERS STATEMENT I, 8001.00 1, .01155044. 10,01100 F,9IOITEER SE SIC W. .R' 0,10.5000, 000IOCAOI*A, AEIlF,14'D 0079510 THAT I "AlE (001471.0, 1,40 HRAEXLD '*0? SE 11-OS 51100101'10071 10 BE 1710511 AS 00010010 100-Cl CT 06-20, 000005507 OF 14 1110,015 4511 EO,SCIIOEO IN 11-147 01011011 04(1(01. 74,0 410191 EODIND THAT OlE TESIGI* 15 0l1I1O10N0AC1 r,IF 5010107 AS 'I' ,I10PEAE47T1 ON 1110 TEIITATIUO 51010 OTIS INC ,4P10110014.0 APPOOSEA 01)0015055 11-1(1(01' 11111 01.11140 015*0101095 SE TIC 00001700105 RAP ACT OF TOE STATE SE CALIFORNIA, AND 7120 1.0001. 05019*44191 1141 SAID 0100 APPLICABLE AT lilt TIME 01 011, APPROVAL OF THE TEVIT,50'oE 071' 1*440 DEC71 0001P1.IED 'MIX, AND I 1,4 010171(2 11101 50-0 470' IS 'COIOI,ICDIIV (1,1100(01, 1 21(0(00 ADPIAO'.S *710 RCCOIIIIE,'A) S.N0 MOP. _/718'/IIl 000(01 T. .40161*15. .61, Cli'o 1.51011000 DATE R.C,C, 281410 441 lICENSE 07,11)0(5 91.31-Cl PLANNING COMMISSION CERTiFiCATE I, 0011 14C0. 5E000.TAI1Y TCI TUE P1,01.911111 0044111001074 or 11147 11010 1711 0641.54400, 1100(51 000011 51.91 1111' lEN 1*11011 AlP OF C0I1I,SAIAO 10401 CT 00-20 111,0 IICETA SABIIIT100 10 11207 11/2110440 001441154151 1041 IX CI'OR 1 4110 IAECOIIIOE7I0000TA, 0001400 . 500011TARY 00 , P1/115140 DOTE: CITY ATTORNEY'S CERTIFICATE APP000E0 AS TO 00*02 T0IS2/8S.0AV Of C " - . 20071 Q A- 0(41*015 A 0411 BY:. I , II....... CIII 4100644EV 1lJJ'7 CITY *1101471 TAX DEPOSIT CERTIFICATE I, THOMAS -O P0515510*. ClARA OF SIt 00040 Cl' SIIPEISISCIlO. 00701.81 01.41,11171 THAT THE 010170055 OF .,f 35100015001 MI? HOT (051 05009 2 00 111CC 1 OF THE TIDOER7AIAEVII CREEl *470*01(1115 (.14) 500100415 4034 TI,1075 AND (9) I'ERISFTC,55044 FUll 111€ 10(11,11CC Cl 010745 TSR UNPOID 01010, 001151'), MUNICIPAl. ISO LOCAL TAXED 1104 SPECII*, 14500SSAIC.'ITS C000.00TDD AS 10005 EXCEPT DIODE 1101 'TOT 011110800 HAVE BEENODIAPUET 40114. THC'UAO J. 740105015* dEBT OF 040 807010 OF SAD'C01',IS0445 COUNTY RECORDER'S CERTIF1CAFE 4(0 1l0.2Op 7- g/45570/ I. ORESORY J. 0511151, 00114411 REIT0000II DE INC ('201111') 01 541. DIEGO, STOIC OF CAI1000lIIO, HER CCRI1F'T 11111 1 705471(0(010, 4)04 IIECOROATOIA MIS 9170 AT ME 10.1041101 007 401,014 J. 51 CM 1I4ISJL DAY 2001. AT, .'O'CI.DCRd,,I01 IN 801314 OF MAPS AT PACE 031(0000 4, 5811111 01011411 RECORDER 0 COO. 0/A (IA SHEAR 9*550(30705. 100., is 00000,C'OR STOIC,, .5/Al MIADOS '1*92018 718.20,0 1111 IA, AS-lAO CALIF. COORD. INDEX 1992-6252 CITY OF CARLSBAD CT 06-20 LOT I -4 CAEW. KE' v1AF - - - - - - - - - - - - - - - - = MAP NO. CARLSBAD TRACT CT 06-20 107 AtE 1"•=tO:)' V THE COUNTY OF SAN DIEGO, STAT OF CAUFOt.A BASIS OF BEARINGS THE OWERS 'T BRESS RANCH, 44C C1C I Z C L" A" 4 MA) CT4IA),4 4 4 PROCEDURE VL1 OA)u I 4. FRc-CA))J1U C ,.R :041A)L 4€rjA) LC44I4.Q FT CJ) O' SUA)CV 7: rl)ItJTCF F .....i'-- F -iEl R'C I') F 4419 C4 FR F). FF1'cil t F J S4 "T t - - F F) - " ... - /C A \Tt4. }-LOMtu" AlPPC-1 voSM - - .A;'C ( — - - .I4 '.)C4FRLA .. -' . lw 14, FF4 .4 l9'2Gl,14F LEGEND JjLC4ASC). )W1 $44)' ADC .44:. 141 44.. CC.G) ' 'XF' C(4H44-i4' 4.4 444F41I O 9.4S ,'JRR44443FIJTA'4 AC- 44( t i;g•4..A')J'[ tR VAF hA), '.:4'3. 3 C444C'7R5 CAT S.' .4 '41 41.4) ARC 444J A'54 A)1ti LI 141+' 141444 44 ,)1.E).T C,lc 1Cr II 'L ''5F1A14A441.-'PAA CAF11:-' It., i '4 4- A C) I' Il/A A) - 1k. II 44)Aac&M kiA)444 $444..41 F,- 43 !4144 R.A4.i.A.A. JITFFC 1411 14 RC'144'CS '3)41-1 FAA. 'p I44t0 tFR)SiUAi)O .4RETIIRS F'A4 11 FF144A4 NOTES ARG1),.A l.1iC CMIII .4" 'IAC4,E c C CI.'i. 41411 W.C. r. 14 441 .4)1)11. 4. .4)4 IS IICF.z 44441 191115. 1FC4+4L5 .419.4445 .441411411144)1 C4't 41.. .49111(4 1.91 14 .4)144411' .41,44.14.:: ss 41441441.44914 .54114 40)11 n•4.v.4 \ vICI!' i"!' 4-4) 141441 4414 14. FA 4)5, 4-2 .4 '.•u 'C 4 4.1414 41Z'. .4414 '• '-?44 44 10 IC4 .CALIF~ COORD. INDEX 1992-6252 Clrf CF CRLSEAC CT 05- / - / - - ' 3V1J H -. - —+--4 4] .1.103 . - ---- - " • .. /Wt, / - / '•- ,/// --.-.-- -. •- • -. '• i 1 P'/•/ 1.•• ./ VJt .'"•4 L -• )•-• I J•• .................. .2 'a I .- Ij I I 0 r- ,.'•., . j. - '-- -- - ..- / -.-• j - . .. . - ....' ---I-.. ..__ • I - ---f- - - .-'... NCI.IVAONNI - ••'. a CL I () • (fzZ I O I cr co I 00 I-.- I LLJ <3O - I I 0 I I ii LI I 1 I I ii lb '1 Ii L Lit1 JI c r - I I 0 I II i VI I) U m ' I... II. I I- 1W I W H; T •• ift I Ll T Li I I C z 0 I< 1° T I (ØZ 0 I U LU I 0 <C 7 Ul (I) I LJ z I (I) hi I 0 I I I / . / / / t27 / /fçJ •_ \\\ LAI Lf' L2 I J I'f J Yr .4. / • - M 'J2--- ft .• ft ft (•) '•i ., _ftD' ft LI. .•; ;• z 77 I - •---, -----• 1I ft •--. --•----- --.:/- :.: Hz LJ ---• "--ft ft ••••J ft ft; ft F v) I U. ft ft ft p... q I ft i ft i, ft JI f ft . ._ft •- - - :• ft rJT I I = .r .. NOEIYAONM I I I - - - - - - - m - - - - - - m - - MAP NO. CARLSBAD TRACT CT 06-20 SHEET 5 or 5 SHEETS I IN THE COUflY OF SAN DIEGO, STAt OF C.AUFORriA THE TOWERS AT BRESSI RAI\OH NON-MAPPING INFORMATION NOTES I, ,lIl' WTR T' C?f. OF IW II.UQ.Ia - IJJ I9I 3I N C e -: C 3.1 Z C FE1,1S I.FC +Dl.l LI I'M r. u,.- 'I..I)C .clllf CCIII (III 'f...iA 1Ii P.1 I 3I4 .Ii EW Ea.c.,. .CI.ICTl C IC l3.f- 111 '41 j Thi E.. .Dl. rfl4. ? 1 13.11 /T4 'i*6 r,.11 j1. ;4_...C.LAj4.CuL .& 13 iCI-. .3 O PI'C-,.. ACLA I'. 1 1.11313. 1134 CI-, CI- C3130 MA. CC13'i'EI .ICI'C 4 1314. I E3 13 II. i'9 CALIF.. 000RD. INDEX 12-e252 OIlY OF CRS9AO CT C6.-20 - mm - - - - - - - - - - - — - _ m _ Per, cr~ D0. (¼0 . 07-066C041 PALOMAR AIRPORT ROAD U EL LJ L f 289 ~Jffl 47' C4 - - GATEWAY ROAD - - — - N SPEAR & ASSOCIATES, INC 475 PRODUCTION' STREET, SAN MARCOS, CA. PHONE (760) 736-2040 FAX (760) 73b-4866 92078 OVERALL FOR SECTION "A-A' AND "B-B" SEE SHEET ND. 9 NOT I TO SCALE THE TOWERS AT BRESSI RANCH PHASE I %W 1 OF 10 SHEM CONDOMINIUM PLAN TABLE OF CONTENTS a Lx.. ui..rcur uuri LOT 2 OF CARLSBAD TRACT CT 06-20 THE TOWERS AT BRESSI RANCH, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. _______ , FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, , 2007. ASSESSOR'S PARCEL NUMBERS: 213-262-01; 213-262-02; 213-262-03; 213-262-04 AND 213-262-05 BASIS OF BEARINGS THE BASIS OF BEARINGS FOR THESE PLANS IS THE CALIFORNIA COORDINATE SYSTEM, NAD 83. ZONE 6, EPOCH 1991.35 GRID BEARING BETWEEN STATION V-2002 PER ROS 14023 AND STATION SDGPS-41 ESTABLISHED BY THE COUNTY OF SAN DIEGO HORIZONTAL CONTROL BOOK, AS SHOWN ON MAP NO. 14600. I.E. NORTH 88'54'051W THE COMBINED SCALE FACTOR AT STATION V-2002 IS 0.999944419. GRID DISTANCE = GROUND DISTANCE x COMBINED SCALE FACTOR. ALL MEASURED DISTANCES SHOWN HEREON ARE GROUND DISTANCES. THE MAPPING ANGLE AT STATION V-2002 IS -O'32'51,881. BASIS OF ELEVATIONS CITY OF CARLSBAD BENCHMARK NO. SDGPS 41 BEING A FOUND CADT DISC IN THE NORTH SIDEWALK OF PALOMAR AIRPORT ROAD, 640' WEST OF EL FUERTE STREET. ELEVATION - 444.77;DATUM: M.S.L, NGVD '29 RECORD FROM: CITY OF CARLSBAD SURVEY CONTROL )08 640 *EXP. 12-31 NO SCALE 4. fly.. PG. PG. 1127, F-2.,' a47Ev: RAMON J. SPEAR - P,'4SE 1 &ISEME7VT SEE SHEET 10 BOUNDARY CUAW TABLE NUMBER DELTA RADIUS' LENGIY Cl 570848 60.00' 54.61' C2 18'43'58 90.00' 29.43' CJ 83'21'38 25.00' 36.37' C4 70'04 2134.00' 26573' C5 89'47'10 25.00' 39.18' C6 574'46 3300' 30.76' Cl 89'5958 25.00' 39.27' C8 151551 2937.00' 782.44' C9 0'39'32' 2931.00' 33.70' CIO 56*34'59 60.00' 59.25' Cli 101405 419.50' 78.62' C12 15'12'01 1365.001 362.12' CIJ 1 2.2'409 897.00' 35520' 1L/V4RY UNE TABLE R.O.S. NO. 17271, SURVEY CONTROL POINT NO. 96. MJMBER SEWAI17 CER11F1CATE OF SURVEYOR Ll N89'43'15'W 100.82' N18'43'471V saco' I HEREBY CERTIFY THAT I AM A REGISTERED LAND SURVEYOR OF THE ....... .JL.. N04'58'O1W 86'J9' STATE OF CALIFORNIA AND THAT THIS DIAGRAMMATIC FLOOR PLAN. CONSISTING OF (10) SHEETS, CORRECTLY SHOWS THE BOUNDARIES OF THE L4 N85'01'57'E 124.45' LAND AND THE PROPOSED RELATION THERETO OF THE UNITS SHOWN US N46'55401# 49.65' HEREON TO SAID BOUNDARIES. ç w U3 - - - - - - - - - - - - - - - - - THE TOWERS AT BRESSI RANCH PHASE I SHEET 2 OF 10 %EM CONDOMINIUM PLAN GENERAL NOTES LEGEND This PHASE OF THIS CONDOMINIUM PROJECT IS COMPOSED OF A COMMON AREA,'ASSOCIATION PROJECT BOUNDARY LINE - - - - - - - PROPERTY' AND FIVE (5) UNITS. AND PARCEL LINE THIS CONDOMINIUM PLAN AND THE DIMENSIONS SHOWN HEREON ARE INTENDED TO CONFORM TO MODULE 1 BOUNDARY LINE - - - - - - - CALIFORNIA CIVIL CODE 1351 WHICH REQUIRES DIAGRAMMATIC FLOOR PLANS OF THE BUILDING BUILT OR CURB LINE TO BE BUILT HEREON IN SUFFICIENT DETAIL TO IDENTIFY EACH UNIT, ITS RELEVANT LOCATION AND APPROXIMATE DIMENSIONS. THESE DIAGRAMMATIC PLANS INTENTIONALLY OMIT DETAILED INFORMATION OF EXTERIOR BUILDING LINE INTERNAL PARTITIONING WITHIN THE INDIVIDUAL UNITS. LIKEWISE, SUCH DETAILS AS PROTRUSIONS OF BUILDING BOUNDARY LINE - - - - - - - - - VENTS. BEAMS, COLUMNS, WINDOW CASINGS, AND OTHER SUCH FEATURES ARE NOT REFLECTED ON THIS PLAN. DIMENSIONS SHOWN HEREIN ARE NOT INTENDED TO BE SUFFICIENTLY ACCURATE FOR COMPUTATION UNIT AREAS LINE OF AREA IN ALL OR ANY PART OF A UNIT. DENOTES BUILDING/UNIT LETTER BUILDING 'A ALL UNIT BOUNDARY LINES INTERSECT AT 90' ANGLES, UNLESS OTHERWISE NOTED. ALL ELEVATIONS AND DIMENSIONS OF ALL UNIT BOUNDARY LINES SHOWN HEREON ARE MEAN MEASUREMENTS. DENOTES HANDICAP PARKING SPACE WRITTEN DIMENSIONS SHALL HAVE PRECEDENCE OVER SCALED DIMENSIONS. UliLITY CLOSET U.C. IN INTERPRETING THE DEEDS AND PLANS, THE THEN EXISTING PHYSICAL BOUNDARIES OF A UNIT, WHETHER IN ITS ORIGINAL STATE OR RECONSTRUCTED IN SUBSTANTIAL ACCORDANCE WITH THE ORIGINAL PLANS THEREOF, SHALL BE CONCLUSIVELY PRESUMED TO BE IN ITS BOUNDARIES RATHER THAN THE BOUNDARIES EXPRESSED IN THE DEED OR THIS CONDOMINIUM PLAN, REGARDLESS OF SETTLING OR LATERAL MOVEMENT OF THE BUILDING AND REGARDLESS OF MINOR VARIANCE BETWEEN THE BOUNDARY SHOWN ON THIS CONDOMINIUM PLAN OR DEED, AND THOSE OF THE BUILDING. THIS CONDOMINIUM PLAN IS BASED UPON THOSE CERTAIN ELECTRONIC CIVIL PLANS RECEIVED AUGUST 17, 2006, PREPARED BY LANG ENGINEERING CO. AND IS NOT THE PRODUCT OF A PHYSICAL FIELD SURVEY OF THE UNITS. THE UPPER BOUNDARY OF EACH UNIT SHALL BE THE UNDERSIDE OF THE ROOF PANELS. THE LOWER BOUNDARY OF EACH UNIT SHALL BE THE FINISHED FLOOR OF EACH UNIT. ALL TERMS NOT OTHERWISE DEFINED HEREIN SHALL HAVE THE MEANING SET FORTH IN THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS AND GRANTS OF EASEMENTS FOR THE TOWERS AT BRESSI RANCH (DECLARATION AS MAY BE AMENDED FROM TIME TO TIME IN THE EVENT THAT ANY PROVISION OF THESE GENERAL NOTES DIFFERS FROM THE TERMS AND PROVISIONS OF THE DECLARATION, THE LANGUAGE OF THE DECLARATION SHALL CONTROL PLANS PREPARED B E TOWERS AT BRESSI RANCH CONDOMINIUM PLAN SHEET 3 OF 10 Sf.M BUILDING BOUNDARY LINE TABLE BUILDING BOUNDARY LINE TABLE NUMBER BEARING LENGTH NUMBER BEARING LENGTH L1J N89'43'15'P/ 27.00 L32 NOO'16'45'E 50.00 L14 NOO'16'32'E _1J.&0 LJJ N89'43'15W 64.00 L15 N89'43'26'W 64.00 L34 NOO'16'41E 1Z41 L16 NOO'16'32t 71.00 L35 N89'43'13W 2.00 L17 I N89'43'29"// 64.00 L36 N89'43'15"W 29.00 L18 N8943'15"W ij.:20 L37 NO0'16'47"E 50.00 L19 N0O16'47E 50.00 L38 N89'43'15'W 64.00 L20 N89'43'15"W _64.20 L39 N001641t 1741 L21 N00'16'41'E 17.41 L40 N8943'17"W 2.00 L22 N89'43'17'W 2.00 L41 NOO'16'49'E 15.18 L23 NOO'16'49'E 15.18 L42 N89'43'15W 2.00 L24 N89'43'15'W 2.00 L43 NOO'16'45"E 1741 L25 N00'16'45E 1741 L44 N89'43'15"W 64.00 L26 N89'43'15'W 64.00 L45 N04'09'14'W 25.95 L27 N8943'15'W 43.00 L46 N00'00'02 50.00 L28 NOO'16'49E 15.18 L47 N9O'OO'OOW 64.00 L29 N8943'15"W 2.00 L48 N0O'00'00E 50.00 LJO NOO'16'45E 17.41 L49 N90'00'0OW 64.00 L31 N8943'16"W 64.00 - - - - - - - - - - - - - m - - I L6 -.----' r13 L17 BLDG.LT ( "G" IL L II -108 I.. JLDG.VIL, "H" '120 2 MODULE 1 BOUNDARY CURVE TABLE NUMBER DELTA RADIUS LENGTH C14 708'04 2134.00' 265.73' C15 8947'10 25.00' 39.18' C16 03'18'22 897.00' 51.76' C17 2'07'36 2499.00' 92.75' C18 89'5553 3.00' 4.71' C19 905'34 2517.00' 399.44' C201 0'59'09 1260.00' 21.68' MODULE 1 BOUNDARY LINE TABLE NUMBER BEARING DISTANCE L5 N06'38'29W 98.00' L6 N8943'15'W 100.82' L7 N8630'35'E 15.00' LB N90V0'00'E 1 70.62' L9 N59'3343E 44.90' L10 N624 1'58W 69.56' Lii N83'21'31'E 19.86' ;,w) BLDG. ._J 06 44 L33 - BLDG. PLANS PLANSPREPAREDBY - - - - - - - - - - - - - m m - - - THE TOWERS AT BRESSI RANCH PHASE I SHEET 4 OF 10 SEETS CONDOMINIUM PLAN I im PLANS PREPARED BY SCALE: V= 20 HDI PRKIED ON 8Sx1( 92078 --- - - •_.__ - - I.0I BUILDING "G" 1.88 L Wf22 L SEE SHEET 5 - - - - - - - - - - - - - - _ - THE TOWERS AT BRESSI RANCH PHASE I CONDOMINIUM PLAN SEE SHEET 4 1.50 U. 3942'f i 10.33' I 2.1k N 188' BUILDING "H" SCALE: = 20 00 2.1. *0 POM ON PLANS PREPARED 11Y'. a5x14 ti8.6.94 4775• PRODUCTION S AN Mc 75 PkO C SPEAR & ASSOCIA INC Os, CA. o78-2040 X (760) 736-4866 PHONE (760) 736 _L------------------------ SEE SHEET 6 - - - - - - - - - - - - - m - - - - THE TOWERS AT BRESSI RANCH PHASE I CONDOMINIUM PLAN 91ET 6 CF 10 9€ETS PLANS PREPARED BY: & ASSOCIATES DN STREET, SAN MARCC 736-2040 FAX 76!)) 736-4 j I V I F 2.lr I SCALE: 120 WM -- - ON • IV.J.J -- . I L30I2I 3942 92078 _J-----------------.. SEE SHEET 7 co I-w w I Cl) w Iii (j) - - - - - - - - - - - - - - m - - THE TOWERS AT BRESSI RANCH PHASE I SHEET 7 OF 10 9fM I CONDOMINIUM PLAN N SCALE: V =20' WHEN PHN1Th ON 8.5'x14 PLANS PREPARED BY: SPEAR & ASSOCIATES 475 PRODUCTION STREET. SAN MARCC ---SEE SHEET 6 13. 0 - u.c.39.42 2,1 10.33'° 2. BUILDING 1111 27j _41.75' 92078 - - - - - - - - - - - - - - - - - - _ THE TOWERS AT BRESSI RANCH PHASE I 4EET 8 OF 10 9EETS I CONDOMINIUM PLAN SCALE: V = 20 WHIN PM0 ON 85'xl4 PLANS PREPARED BY: col ( U. C1r.961 16.79P4:; T6 : : n tci BUILDING "R" 1.88 ca \ .00 I 4175 - - - - - - - - - - 78 - - - - - - - - - - - - - - - - - - - - - - - - - - - - PROPERTY CROSS SECTION I oi z I SCALE: V= 20 WHOI PION" &5'xI4 PLANS PREPARED BY: F MODULE1-/ I ELEVA17ON ( 460' MSL REMAINDER MODULE MODULE ELE'/A77ON _j/ 380' MSL MODULE I SECTION "A-A" SEE SHEET No. 1 A. 92078 - - - - - - - - - - - - - m m m _ THE TOWERS AT BRESSI RANCH PHASE I €ET 9 OF 10 fETS CONDOMINIUM PLAN MODULE I CROSS SECTION SSOC14 PROPERTY - I __COMAION AREA I ! PROPERTY ASSOC14 liON S kBUILD/NC UNDERSIDE OF BOUNDARY LINE ROOF PANEL I I /UNIT LINE 5 —EXTERIOR UNIT I BUILD/NC LINE F7MSHEDFLOOR I ELEVATiON I SSOCI4710N PROPERTY SECTION "13-13" SEE SHEET No. 1 I ] EASEMENT CURVE TABLE NUMBER DELTA MD/US LENGTH Cl 3O'00'00 20.00' 10.47' 02 20'40'36 60.00' 21.65' CJ 245558 30.00' 13.05' C4 I 534'23 415.00' 40.37' C5 111 '45' 2499.00' 52.16' C6 1 *4358 897.00' 27.13' Cl 72'2448 30.00' I 37.92' C8 42'4329 5.00' 3.73' C9 112'28'46 29.26' 57.43' C1O 6939'50 30.00' 36.48' Cli 30'00'00 20.00' 10.47' C12 1'3424 897.00' 24.63' EASEMENT BOUNDARY LINE TABLE NUMBER BEAR/NC LENGTH Li 589'43'15"E 0.52' L2 S69'02'39E 65.11' LJ N89'43'15"W 6.68' L4 N89'43'15"W 0.52' L5 N00'16'45E 35.36' L6 N0016'45E 41.00' L7 N89'43'15"W 100.82' PHASE I EASEMENT SEE SHEET No. 1 - - - - - - - - - - - - - m - - - - THE TOWERS AT BRESSI RANCH PHASE I IEET 10 OF 10 9ETS CONDOMINIUM PLAN SCALE: 1" r 30 *EN PON1Th ON 8.5'x14' PLANS PREPARED BY: Per ôi 'ricp D0. 0 7O1g THE TOWERS AT BRESSI RANCH PHASE II SHEET 1 OF 8 SHEETS CONDOMINIUM PLAN SURVEYOR'S sr47aE9 1 CBIIERAL N01ES/LEGEND 2 MODULE BOUND.4RY/PARk1NG LOT; CONDOM/MUM UNIT LOC.4IJONS , FLOOR PLAN 4-6 SEE'11ONS 7 &SEWDVIS 8 I ._ LEGAL DESCRIP11ON LOT 2 OF CARLSBAD TRACT CT 06-20 THE TOWERS AT BRESSI RANCH, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO. STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. ______ , FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY 2007. ASSESSOR'S PARCEL NUMBERS: 213-262-01; 213-262-02; 213-262-03; 213-262-04 AND 213-262-05 BASIS OF BEARINGS THE BASIS OF BEARINGS FOR THESE PLANS IS THE CALIFORNIA COORDINATE SYSTEM, HAD 83, ZONE 6, EPOCH 1991.35 GRID BEARING BETWEEN STATION V-2002 PER ROS 14023 AND STATION SDGPS-41 ESTABLISHED BY THE COUNTY OF SAN DIEGO HORIZONTAL CONTROL BOOK, AS SHOWN ON MAP NO. 14600. I.E. NORTH 88'54'05'W THE COMBINED SCALE FACTOR AT STATION V-2002 IS 0.999944419. GRID DISTANCE = GROUND DISTANCE x COMBINED SCALE FACTOR. ALL MEASURED DISTANCES SHOWN HEREON ARE GROUND DISTANCES. THE MAPPING ANGLE AT STATION V-2002 IS -O'32'51.881. BASIS OF ELEVATIONS CITY OF CARLSBAD BENCHMARK NO. SDGPS 41 BEING A FOUND CADT DISC IN THE NORTH SIDEWALK OF PALOMAR AIRPORT ROAD, 640' WEST OF EL FUERTE STREET. ELEVATION = 444.77;DA11JM: M.S.L, NGVD '29 RECORD FROM: CITY OF CARLSBAD SURVEY CONTROL R.O.S. NO. 17271, SURVEY CONTROL POINT NO. 96. CERTIFICATE OF SURVEYOR I HEREBY CERTIFY THAT I AM A REGISTERED LAND SURVEYOR OF THE STATE OF CALIFORNIA AND THAT THIS DIAGRAMMATIC FLOOR PLAN, CONSISTING OF (8) SHEETS, CORRECTLY SHOWS THE BOUNDARIES OF THE LAND AND THE PROPOSED RELATION THERETO OF THE UNITS SHOWN HEREON TO SAID BOUNDARIES. C5 C4 L SPEAR &ASSOC1A1 ES, INC OVERALL BOUNDARY - (760 FAX MCOLU 2 H0NEn6u4O7636.4866 FOR SECTION "A-A"AND "8-8' SEE SHEET No. 7 NOT TO SCALE RAMON I. £°&W - J. I-p NO. 6404 * EXP. 12-31-08 * or c&.' OATW: — — — — — — — — — mm no — _ _I m— THE TOWERS AT BRESSI RANCH PHASE II SHEET 2 OF 8 SHEETS I CONDOMINIUM PLAN GENERAL NOTES LEGEND THIS PHASE OF THIS CONDOMINIUM PROJECT IS COMPOSED OF A COMMON AREA, ASSOCLAI1ON PROJECT BOUNDARY LINE - - - - - - PROPERTY AND TWENTY ONE (21) UNITS. AND PARCEL LINE THIS CONDOMINIUM PLAN AND THE DIMENSIONS SHOWN HEREON ARE INTENDED TO CONFORM TO MODULE BOUNDARY LINE - - - - - - - CALIFORNIA CIVIL CODE 1351 WHICH REQUIRES DIAGRAMMATIC FLOOR PLANS OF THE BUILDING BUILT OR CURB LINE TO BE BUILT HEREON IN SUFFICIENT DETAIL TO IDENTIFY EACH UNIT, ITS RELEVANT LOCATION AND APPROXIMATE DIMENSIONS. THESE DIAGRAMMATIC PLANS INTENTIONALLY OMIT DETAILED INFORMATION OF EXTERIOR BUILDING LINE INTERNAL PARTITIONING WITHIN THE INDIVIDUAL UNITS. LIKEWISE, SUCH DETAILS AS PROTRUSIONS OF BUILDING BOUNDARY LINE - -------- VENTS, BEAMS, COLUMNS, WINDOW CASINGS, AND OTHER SUCH FEATURES ARE NOT REFLECTED ON THIS PLAN. DIMENSIONS SHOWN HEREIN ARE NOT INTENDED TO BE SUFFICIENTLY ACCURATE FOR COMPUTATION UNIT AREAS LINE OF AREA IN ALL OR ANY PART OF A UNIT. DENOTES BUILDING/UNIT LETTER BUILDING A ALL UNIT BOUNDARY LINES INTERSECT AT 90' ANGLES, UNLESS OTHERWISE NOTED. ALL ELEVATIONS AND DIMENSIONS OF ALL UNIT BOUNDARY LINES SHOWN HEREON ARE MEAN MEASUREMENTS. UNIT NUMBER A-I WRITTEN DIMENSIONS SHALL HAVE PRECEDENCE OVER SCALED DIMENSIONS. DENOTES HANDICAP PARKING SPACE IN INTERPRETING THE DEEDS AND PLANS, THE THEN EXISTING PHYSICAL BOUNDARIES OF A UNIT, UTILITY CLOSET U. C. WHETHER IN ITS ORIGINAL STATE OR RECONSTRUCTED IN SUBSTANTIAL ACCORDANCE WITH THE ORIGINAL PLANS THEREOF, SHALL BE CONCLUSIVELY PRESUMED TO BE IN ITS BOUNDARIES RATHER THAN THE BOUNDARIES EXPRESSED IN THE DEED OR THIS CONDOMINIUM PLAN, REGARDLESS OF SETTLING OR LATERAL MOVEMENT OF THE BUILDING AND REGARDLESS OF MINOR VARIANCE BETWEEN THE BOUNDARY SHOWN ON THIS CONDOMINIUM PLAN OR DEED, AND THOSE OF THE BUILDING. THIS CONDOMINIUM PLAN IS BASED UPON THOSE CERTAIN ELECTRONIC CIVIL PLANS RECEIVED AUGUST 17, 2006, PREPARED BY LANG ENGINEERING CO. AND IS NOT THE PRODUCT OF A PHYSICAL FIELD SURVEY OF THE UNITS. THE UPPER BOUNDARY OF EACH UNIT SHALL BE THE UNDERSIDE OF THE ROOF PANELS. THE LOWER BOUNDARY OF EACH UNIT SHALL BE THE FINISHED FLOOR OF EACH UNIT. ALL TERMS NOT OTHERWISE DEFINED HEREIN SHALL HAVE THE MEANING SET FORTH IN THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS AND GRANTS OF EASEMENTS FOR THE TOWERS AT BRESSI RANCH (DECLARATION) AS MAY BE AMENDED FROM TIME TO TIME IN THE EVENT THAT ANY PROVISION OF THESE GENERAL NOTES DIFFERS FROM THE TERMS AND PROVISIONS OF THE DECLARATION, THE LANGUAGE OF THE DECLARATION SHALL CONTROL PLANS PREPARED BY: SPEAR & ASSOCIATES INC 475 PRODUCTION STREET, SAN MARCO, CA. 92078 P1-lONE (760) 736-2040 FAX (760) 736-4866 MOOLLE 2 BOUNDARY - - - - - - - mm M m - - m - m''- -- _ MODULE 2 BOUNDARY CURVE TABLE NUMBER DELTA RADIUS LENGTH Cl 2'50'02" 1314.50' 65.02' C2 0'59'09 1260.00' 21.68' CJ 9V5'34 25/700' 399.44' C4 89555r 3.00' 4.71' C5 2'00'21 2499.00' 8748' -C6 192257 897.00' 303.44' C? rji'ia 1365.00' 38.64' C8 859'19 1314.50'1 206.22' C9 I 0'3324 1275.00' 12.39' C/U I 041'39 7 --1275-. o-o' 15.45' MODULE 2 BOUNDARY LINE TABLE NUMBER BEAR/NC LENGTH Li N785246W 39.50' L2 N9000'00"E 56.23' LJ N89JO'25W 229.08' L4 N8630'35'E 15.00' L5 I N8703'55W 39.50' L6 N89'JO'25'W 156.77' L7 N00'29'35E 178.00' L8 N89'30'25W 138.35' PLANS PREPARED BY: SPEAR & ASSOCIATES INC 475 PRODUCTION STREET, SAN MARCOS, CA. 92078 PI [ONE (760) 736-2040 FAX (760) 736-4866 SHEET 3 OF 8 SHEETS I BUILDING BOUNDARY LINE TABLE NUMBER BEARING LENGTH L9 NOO'29'35E 25.50' L1O N89'30'25W 220.00' Lii NOO'29'35t 43.33' L 12 N8930'25W 4.00' L13 NOO29'35'E 38.67' L14 N89'3025W 46.00' L15 NOO'29'35E 4.00' L16 N89'30'25W 120.00' L17 NOO'29'35"E 4.00' L18 N893O'25W 46.00' L19 N0O'29'35E 38.67' L20 N893027'W 4.00' L21 NOO'29'35"E 43.33' L22 NOO'29'35E 176.00' L23 N89302314' 84.00' L24 NOO'29'31"E 32.00' L25 N89'3025W 6.00' L26 N002939E 112.00' 127 N8930'27W 6.00' 128 NO0'29'35E 32.00' 129 N8930'25W 84.00' L30 N89'30'25W 25.00' Ui N002935'E 13.03' 02 N89'3025'W 212.00' L33 NOO'29'31"E 36.00' L34 N8930'25W 12.00' L35 NOO'29'37'E 36.00' L36 N89JO25W 46.00' L37 N0029'35"E 6.00' L38 N8930'25W 96.00' L39 N002934E 6.00' L40 N89'3O25W 46.00' L41 N0029'34'E 36.00' L42 N893025"W 1200, L43 N0029'35'E 36.00' mm - - - mm mm - mm - - mm = 4EET 4 OF 8 !EETS I SCALE: 1' = 30' M9N POED ON &5'x14 PLANS PREPARE!) d ~CA920 SPEAR & ASSOCIAT 475 PRODUCTION STREET, SAN MAR PHONE (760) 736-2040 FAX (760) 736-4866 TT1JL TfT r2K 73\14 2950 2950 14 12(j75 I! 2 00 KIdlK Kla 98 BUILDING "K" 9 0.50 9.0, TYPICAL8.83' ... - 4875' 99.75' 48.75' . . L1III.TI....T.TT.."-LJ] SEE SHEET 5 - - - - - - - - - - - - - m - - m m p 5 OF 8 4EETS I THE TOWERS AT BRESSJ RANCH PHASE H CONDOMINIUM PLAN SEE SHEET 4 2.1J' (Ia) 82.88' 76.75' p67' 1.67 0.79 =- 76.75' BUILDING "L" 76.75' 0.79 1.67' ' 76.75 1.67' 21 h j 82.88'I !' i0.'f SCALE: 1" 30' 14.8 V I PRPIIEO I 8.5'x14' ( } 57.50' o; PLANS PREPARED BY: LLI\r SPEAR & ASSOCIATES, INC i - 475 PRODUCTION STREET, SAN MARCO, CA. 92078 PHONE (760) 736-2040 FAX (760) 736-4860 - - - SEE SHEET 6 - - - - - - - - - - - - - - - - - - - THE TOWERS AT BRESSI RANCH PHASE II CONDOMNUM PLAN SEE SHEET 5 1.6 I ± 1.67 E!44 J j2.13 5Z5O' UI1 L I L1 MAX - - - - - - - - - - - - - - - - - - - - L - I - - 56.75 - p I ., I ç 200' BULDING 4'N" I ccic44.75' I 1 84_4 74.48 / 3Jr!'262' - 25'75 26 j I SCALE I 30 WHEN PNIW ON &5x14 PLANS PREPARED BY: SPEAR & ASSOCIATES INC 4751 STREET, SAN MARCUS, CA. 92078 P1-lONE (760) 736-2040 FAX (760) 736-4866 cr - - - - - - - - - _ - - - - - - - THE TOWERS AT BRESSI RANCH PHASE II SHEET 7 OF 8 SHEETS CONDOMINIUM PLAN PROPERTY CROSS SECTION >- z 0 I- 0 z z 7- 71 MODULE 1 ELEVA17ON 460' MSL r:;:;c::;; I iL jMODULE 380' MSL - - - - - - - -I MODULE I ~T I SECTION "A-A" SEE SHEET No. / SCALE: V=20' WHEN P181450 014 8.5'x14 PLANS 000PARLI) BY: SPEAR & ASSOCIATES( INC 875 PRODUCT(ON STREET, SAN MASCOS, CA. 92078 P11050 (780) 736.2040 FAX (760) 736-4866 MODULE 2 CROSS SECTION PROPERTY —/ 460' MSL S I I --COMMON ARE4 ASS0CII0N PROPER ----------- - ----BUILDING UNDERSIDE OF BOUNDARY LINE rill ROOF PANEL >.. UNIT LINE' I EXTERIOR UNIT H—BUILDING LINE 2) I FINISHED FLOOR ELEVA17ON ELEVA liON -, OC1477ON PROPERTY 380' MSL — — — — — — — — — — — SECTION "B-B" SEE SHEET No. 1 EASEMENT CURVE TABLE NUMBER DELTA RADIUS LENGTH Cl 25522 415.00' 21.17' C2 19'11'52 848.72' 284.38' C3 0'40'20 1415.00' 16.60' C4 6457'00 30.15' 34.17' C5 I 1544'05 878.72' 241.32' C6 104°0945 15.05' 2Z36' C? 1'11'10 2499.00' 51.73' C8 0J932 2931.00' 33.70' C9 56'34'59 60.00' 59.25' ClU 859'19 1314.50' 206.22' Cli 1'0734 1130.48' 22.22' PHASE 2 EASEMENTS SEE SHEET No. / EASEMENT LINE TABLE NUMBER BEARING DISTANCE Li N040 1'32W 49.86' U N853542t 16.42' LJ N83'51'35E 17.41' L4 N10V9'56t I 30.44' L5 578'5246E 12.62' L6 S8703'55E 39.50' =1] ---•------- ! SCALE: 1" 50 W)I PIE= ON 8.5'x14' PLANS PREPARED BE SPEAR & ASSOCIATES. INC - - - - - - - - - - - - - = - - - THE TOWERS AT BRESSI RANCH PHASE II 1EET 8 Of 8 9EETS CONDOMINIUM PLAN 475 PRODUCTION STREET, SAN MARCOS0A 078 PI [ONE (760) 736-2040 FAX (740) 736-4866 THE BASIS OF BEARINGS FOR THESE PLANS IS THE CALIFORNIA COORDINATE SYSTEM, NAD 83, ZONE 6, EPOCH 1991.35 GRID BEARING BETWEEN STATION V-2002 PER ROS 14023 AND STATION SDGPS-41 ESTABLISHED BY THE COUNTY OF SAN DIEGO HORIZONTAL CONTROL BOOK, AS SHOWN ON MAP NO. 14600. I.E. NORTH 8854'05W THE COMBINED SCALE FACTOR AT STATION V-2002 IS 0.999944419. GRID DISTANCE = GROUND DISTANCE x COMBINED SCALE FACTOR. ALL MEASURED DISTANCES SHOWN HEREON ARE GROUND DISTANCES. THE MAPPING ANGLE AT STATION V-2002 IS —O'32'51.881. BASIS OF ELEVATIONS CITY OF CARLSBAD BENCHMARK NO. SDCPS 41 BONG A FOUND CADT DISC IN THE NORTH SIDEWALK OF PALOMAR AIRPORT ROAD, 640' WEST OF EL FUERTE STREET. ELEVATION = 444.77;DATUM: M.S.L, NGVD '29 RECORD FROM: Clii OF CARLSBAD SURVEY CONTROL R.O.S. NO. 17271, SURVEY CONTROL POINT NO. 96. CERTIFICATE OF SURVEYOR I HEREBY CERTIFY THAT I AM A REGISTERED LAND SURVEYOR OF THE STATE OF CALIFORNIA AND THAT THIS DIAGRAMMATIC FLOOR PLAN, CONSISTING OF (9) SHEETS, CORRECTLY SHOWS THE BOUNDARIES OF THE LAND AND THE PROPOSED RELATION THERETO OF THE UNITS SHOWN HEREON TO SAID BOUNDARIES. J. ? NO. 6404 P. 12-31-08 ) I-. co BY: DA7ED RAMON J. SPEAR - LS. 6404 — — — — — — — — — — - — — — — — — — — PALOMAR AIRPORT ROAD C7 L4 C8 Li 91 jC6 PH45E I E4SEMEIVT KS yPMSE 2 &4SEMENT PH4SESEEE JSEM 1 A \ i C) I j - ODULE 2 1 Cl ( j T PRHWACSf 2E4 CL MODULti GATEWAY ROAD SPEAR & ASSOCIATES. INC PRODUCTION475 OVERALL BOUNDARY MODU.E 3 PHONE ST REET ANMARCOSCA. 736-2040 FAX (760) 736-4866 FOR SECTION "A-A" AND B-B SEE SHEET No. 8 NOT TO SCALE Dos, d47, 0-7 - 0&0 F~~o Rr ccr rr'p THE TOWERS AT BRESSI RANCH PHASE HI 9fET I OF 9 SHEM CONDOMINIUM PLAN TABLE OF CONTENTS LEGAL DESCRIPTION I1 m LOT 2 OF CARLSBAD TRACT CT 06-20 THE TOWERS AT BRESSI RANCH, IN THE SURVEYOR'S STAlE/lENT 7 CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CAIJFORNLA, ACCORDING CENENAL NO7E4.ECEND 2 TO THE MAP THEREOF NO. • FILED IN THE OFFICE OF THE COUNTY MODULE BOUNLI4RY/PARIc1NC LOT RECORDER OF SAN DIEGO COUNTY, , 2007. CONDOMINIUM UNIT LOC.4170NS FLOOR PLAN 47 ASSESSOR'S PARCEL NUMBERS: 213-262-01; 213-262-02; 213-262-03; SECJTONS 8 213-262-04 AND 213-262-05 64SEIIENT 9 BASIS OF BEARINGS - - - - - - - - - - = - - - - - - m TEE THE TOWERS AT BRESSI RANCH PHASE HI 9IEET 2 OF 9 9-IEETS I CONDOMINIUM PLAN GENERAL NOTES THIS PHASE OF THIS CONDOMINIUM PROJECT IS COMPOSED OF A COMMON AREA', ASSOCIATION PROPERTY' AND TWENTY SEVEN (27) UNITS, THIS CONDOMINIUM PLAN AND THE DIMENSIONS SHOWN HEREON ARE INTENDED TO CONFORM TO CALIFORNIA CIVIL CODE 1351 WHICH REQUIRES DIAGRAMMATIC FLOOR PLANS OF THE BUILDING BUILT OR TO BE BUILT HEREON IN SUFFICIENT DETAIL TO IDENTIFY EACH UNIT, ITS RELEVANT LOCATION AND APPROXIMATE DIMENSIONS. THESE DIAGRAMMATIC PLANS INTENTIONALLY OMIT DETAILED INFORMATION OF INTERNAL PARTITIONING WITHIN THE INDIVIDUAL UNITS. LIKEWISE, SUCH DETAILS AS PROTRUSIONS OF VENTS, BEAMS, COLUMNS, WINDOW CASINGS, AND OTHER SUCH FEATURES ARE NOT REFLECTED ON THIS PLAN. DIMENSIONS SHOWN HEREIN ARE NOT INTENDED TO BE SUFFICIENTLY ACCURATE FOR COMPUTATION OF AREA IN ALL OR ANY PART OF A UNIT. ALL UNIT BOUNDARY LINES INTERSECT AT 90' ANGLES, UNLESS OTHERWISE NOTED. ALL ELEVATIONS AND DIMENSIONS OF ALL UNIT BOUNDARY LINES SHOWN HEREON ARE MEAN MEASUREMENTS. WRITTEN DIMENSIONS SHALL HAVE PRECEDENCE OVER SCALED DIMENSIONS. IN INTERPRETING THE DEEDS AND PLANS, THE THEN EXISTING PHYSICAL BOUNDARIES OF A UNIT, WHETHER IN ITS ORIGINAL STATE OR RECONSTRUCTED IN SUBSTANTIAL ACCORDANCE WITH THE ORIGINAL PLANS THEREOF, SHALL BE CONCLUSIVELY PRESUMED TO BE IN ITS BOUNDARIES RATHER THAN THE BOUNDARIES EXPRESSED IN THE DEED OR THIS CONDOMINIUM PLAN, REGARDLESS OF SETTLING OR LATERAL MOVEMENT OF THE BUILDING AND REGARDLESS OF MINOR VARIANCE BETWEEN THE BOUNDARY SHOWN ON THIS CONDOMINIUM PLAN OR DEED, AND THOSE OF THE BUILDING. THIS CONDOMINIUM PLAN IS BASED UPON THOSE CERTAIN ELECTRONIC CIVIL PLANS RECEIVED AUGUST 17, 2006, PREPARED BY LANG ENGINEERING CO. AND IS NOT THE PRODUCT OF A PHYSICAL FIELD SURVEY OF THE UNITS. THE UPPER BOUNDARY OF EACH UNIT SHALL BE THE UNDERSIDE OF THE ROOF PANELS. THE LOWER BOUNDARY OF EACH UNIT SHALL BE THE FINISHED FLOOR OF EACH UNIT. ALL TERMS NOT OTHERWISE DEFINED HEREIN SHALL HAVE THE MEANING SET FORTH IN THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS AND GRANTS OF EASEMENTS FOR THE TOWERS AT BRESSI RANCH ('DECLARATION') AS MAY BE AMENDED FROM TIME TO TIME. IN THE EVENT THAT ANY PROVISION OF THESE GENERAL NOTES DIFFERS FROM THE TERMS AND PROVISIONS OF THE DECLARATION, THE LANGUAGE OF THE DECLARATION SHALL CONTROL. IIe1,] PROJECT BOUNDARY LINE AND PARCEL LINE MODULE BOUNDARY LINE CURB LINE EXTERIOR BUILDING LINE BUILDING BOUNDARY LINE UNIT AREAS LINE DENOTES BUILDING/UNIT LETTER UNIT NUMBER DENOTES HANDICAP PARKING SPACE UTILITY CLOSET ----------------- BUILDING "A" U.C. PLANS PREPARED BY: SPEAR & ASSOCIATES, INC 175 PRODUCTION STREET, SAN MARCOS, CA. 92078 ,PHONE (760) 736-2040 FAX (760) 736-4866 MODULE 3 BOUNDARY CURVE TABLE NUMBER DELTA RADIUS LENGTH Ci 5208'48 60.00' 54.61' C2 184358° 90.00' 29.43' Ci 8321 '38w 25.00' 36.37' C4 2'50'02 1314.50' 65.02' C5 1 8'59'19 1314.50' 206.22' C6 13'34 42 1365.00' 323.49' C? 10'44'15 419.50' 78.62' C8 0'4 1'J9' 1275.00' 15.45' C9 O3324 1275.00' 12.39' MODULE 3 BOUNDARY LINE TABLE NUMBER BEARING LENGTH Li 5184347E 50.00' L2 N063829W 98.00' Li S83'21'3iW 19.86' L4 N624 1'58'W 69.56' L5 559'ii'43W 44.90' L6 59000'00"W 14.39' L7 578'5246'E 39.50' L8 58703'55E 39.50' L9 N465540W 49.65' - - - - - - - - - = m - - = - - - THE TOWERS AT BRESSI RANCH PHASE HI 91EE1 3 OF 9 SHEETS CONDOMINIUM PLAN BUILDING BOUNDARY LINE TABLE BUILDING BOUNDARY LINE TABLE NUMBER BEARING LENGTH NUMBER BEARING LENGTH L10 NOO'29'21 ' 236.00' L34 NOO'29'35'E 44.77' Lii 589'iO'4 1' 46.00' Li5 N574 1 '53'W 58.84' L 12 SOO'29'21 'W 24.00' 06 SOO29'35'W 227.67' Lii 589'iO'39E 14.00' L37 S45'29'35"W 23.10' L14 SOO'2921"W 16.00' Li8 N8930'27W 71.67' L15 S89'i0'39E 16.00' L39 N0029'ii"E 72.00' L 16 SOO'29'21 "W 64.00' L40 S89'iO'25E 10.00' Lii 589 30'39'E 8.00' L41 NOO'29'i5E 128.00' L18 SOO'29'23"W 64.00' L42 N89'3O25'W 6.00' L19 S89'3o'41'E 10.00' L43 N0O'29'35E 44.00' L20 500'29'21 IV 68.0o'l L44 S89'30 '25E 84.00' L21 N89'iO'39W 94.0o'l L45 N8930'25W 25.00' L22 NO3'58'46E 25.05'1 L46 N50'13'57'E 20.60' L2i 589'3O'25E 245.25'1 L47 S89'io'38'E 68.28' L24 SOO'29'36'W 58.0o'l L48 SOO29'35'P/ 32.00' L25 N89'30'25W 52. Oo'l L49 N89'30'25W 6.00' L26 5002935W 10.00' L50 S00'2935W 56.00' L27 N89'3O'25W 72.00' L51 N89'30'25"W 6.00' L28 SOC'29'35'W 8.00' L52 SOO29'35'W 56.00' L29 N89'30'25W 64.00' L53 N89'30'25W 56.00' LiO SOO'29'35'W 8.00' L54 N4430'25W 22.63' Lii N89'30'29W 1 49.18'1 L55 N0929'35'E 1 114.69' L32 NOO'29'39'E 1 39.23' L56 N90'OO'OO"E 1 113.26' Lii I N89'30'25W 1 8.08' 4 OCALEc T.80' lIEN POM ON &5x14' PlANS PREPARED BY: SPEAR & ASSOCIATES. INC 475 PRODUCTION STREET, SAN MARCOS, C.A. 92078 b_ONE (760) 736.2040 FAX (760) 736-4866 ii - - - - - - - - - TE - - - - - _ _ _ SCALE: V= 30 WtU1 P41ED ON 8Sx14 THE TOWERS AT BRESSI RANCH PHASE IN CONDOMNUM PLAN i'- 2O.O2 2.13- I / 76. I 1.67 / .. ........ -. BUILDING "M" I TIJ /w =i±=i&°i r Id! / I L1 /LU 67 2 SHEET 4 OF 9 94MM PLANS PREPARED BY: (760) THE TOWERS AT BRESSI RANCH PHASE W 91EE1' 5 OF 9 SKM I CONDOMINIUM PLAN SEE SHEET 6 r:T7 14.79. 28.08' ' uIC 2250' 31.87 19.16' I fl I2.00 I I i 4275' I I t4.275' 11 200L BUILDING 050 - I- . )_5.82' 1.88' I I ' ~; 14.4 2 .31.50' LLJ 14.79' 28.08 cn I • 21.08 I 21.08 • w - 4 - —T-.'I:4Js . I ° LE3O WKEN PUB ON 85'xl4* PLANS PREPARED BY: SEE SHEET 4 ' SPEAR & ASSOCIATES, INC 475 PRODUCTION STREET, SAN MARCOS, CA. 92078 _NE 760) 736-2040 FAX (760) 736-4866 - THE TOWERS AT BRESSI RANCH PHASE Ill SHEET 6 OF 9 SHEETS CONDOMNUM PLAN /L-LL c>L f 13.25'.. 15.12 31.75 = - r-.. I U) 13.25' 15.12 31.75' r LU BUILDING "p" 101 U -- / 7.12' / .r-.. /CS 2.54' 9., I - - SCALE: _1'_=30 UI PINITh 8$'x14 PLANS PREPARED BY: SPEAR& ASSOCIATES, INC 475 PRODUCTION STREET, SAN MARCUS, CA. 92078 ONE (760) 730-2040 FAX (700) 736-4806 L_ .31. 12' 2292'-c~driC._1_22.25 31.75' 33.25'33.13' -SEESHEET5 - - - - - - - -' - - - - - - - - - THE TOWERS AT BRESSJ RANCH PHASE Ill CONDOMINIUM PLAN SEE SHEET 5 SEE SHEET [ 56.00 31.44' 23.00' ;ruic. 1p 23.72' 35.12' 51.37' 1.88 10 J J (§Q-6) 4" q ' 5412' - 11 - 0.50' 1.88-\ I f 44.32' - - U rrP/c.AL CN -I 2Z87 14.18' - U BUILING"Q" T TTrTJTT SCALE: V = 30' ei PNED ON &5'xl4' PLANS PREPARED BY: SPEAR & ASSOCIATES, INC 475 PRODUCTION STREET, SAN MARCOS, CA. 92078 PHONE (7 736-2040 FAX (760) 736-4866 SHEET 1011 SHEETS Mm - - - - - IMI - - - - - - - - _ THE TOWERS AT BRESSI RANCH PHASE 10 IEET 8 OF 9 WM I CONDOMNUM PLAN PROPERTY CROSS SECTION MODULE1 I ELEVA11ON 460' MSL MODULE 2J MODULE 3 II - --X EL EVA IION 380' MSL F OI SECTION "A-A" SEE SHEET No. 1 SCALE: V = 20 WHEN P8NItD ON &5'x14' PLANS PREPARED BY: SPEAR &ASSOCIATES.INC PRODUCTION STREET, SAN MARCOS, CA. 92078 NE (760) 736-2840 FAX (760) 736-4866 MODULE 3 CROSS SECTION ASS0C770N PROPERTYJ . I 1770N iIISL Ts?:- - - - - - - ,—COAIMON ARE4 r ASSOCIION PROPERTY ARE - BUILD/NC ROOF P UNDERSIDE OF BOUNDARY LINE 1UNIT LINE UNIT r__E7ERI0R BUILD/NC LINE --ill _ F1MSHEOFLOOR . ELEVA liON I PROPERTY 380' AISL ELEVATiON SECTION "13-13" SEE SHEET No. 1 >- z 0 > 0 z z - - - - - - - - - - - - - mm - m _ 4EET 9 OF 9 SHEETS I THE TOWERS AT BRESSI RANCH PHASE Ill CONDOMINIUM PLAN F%! .an a a na.n1 I I I U'.JI ,J L r%%JL-lvi"glv I SEE SHEET No. 1 EASEMENT CURVE TABLE NUMBER DELTA RADIUS LENGTH Cl 34'5332' 140.00' 85.26' C2 1029'26 455.00' 83.31' CJ 2857'02 60.00' 30.32' C4 10'30'09 425.00' 77.90' C5 2535'19 110.00' 49.13' C6 95'48'53 20.00' 33.45' C7 9l'03'48 20.00' 31.79' C8 6916'09 30.03' 36.31' C9 52048 60.00' 5.60' C1O 10'44'15 419.50' 78.62' Cli 2'34'41 1365.00' 61.42' SCALE: V = 50 WHEN PUHIITh ON 8.5xI4 PLANS PREPARED BY: SPEAR & ASSOCIATES, INC 475 PRODUCTION STREET, SAN MARCUS, CA. 92078 _LHQ)4E (760) 736.2840 FAX (760) 736-4866 MODULE 3 BOUNDARY LINE TABLE NUMBER BEARING LENGTH L S46'55'40"E 43.75' L2 N46'55'40"// 44.89' L3 N82V8'12'W 25.00' L4 N04'01'32W 49.86' L5 S59 33'43"W 44.90' I I I I I I I I 1 I I 1 I I I I I EXHIBIT 5 I VICINITY MAP - N.T.S. 0 *'WILLDAN Financial Services 27369 VA 100050,0680110 To,00solo, CA 92090.3081 19511 587.3500 Fax 991)087.3510 3200094-8 JUNE 2008 SHEET 1 OF 2 AMENDED ASSESSMENT DIAGRAM OF ASSESSMENT DISTRICT NO. 2002-01 (POINSETTIA LANE EAST) CITY OF CARLSBAD COUNTY OF SAN DIEGO STATE OF CALIFORNIA CITY CLERICS CERTIFICATE FILED IN THE OFFICE OF THE CITY CLERK OF THE CITY OF CARLSBAD. THIS DAY OF ____________ 200_. CITY CLERK AMENDING ASSESSMENT NUMBERS 4-24,4-25.4-26,4-27 AND 4-28 CITY OF CARLSBAD SUPERINTENDENT OF STREETS CERTiFICATE RECORDED IN THE OFFICE OF THE SUPERINTENDENT OF STREETS, CITY OF CARLSBAD, THIS DAY OF SUPERINTENDENT OF STREETS CITY OF CARLSBAD PREVI00S *8SESSMENTS THIS AMENDED ASSESSMENT DIAGRAM AMENDS THE I ASSESSMENT DIAGRAM OF ASSESSMENT DISTRICT NO, 00 .0 00 2002.01 CITY OF CARLSBAD COUNTY OF SAN DIEGO I 0050 ,00:or STATE OF CALIFORNIA, PRIOR RECORDED THE 5TH DAY - - OF MAY 2004 IN BOOK 38 OF MAPS OF ASSESSMENT AND I 5 00 0.00000 LIT-. COMMUNITY FACILITIES DISTRICTS AT PAGE 37. I 68900090 00000909070 DOCUMENT NO. 2004-0404003 IN THE OFFICE OF THE I COUNTY RECORDER OF THE COUNTY OF SAN DIEGO, OF CALIFORNIA. I STATE PILED THIS DAY OF 200_ ,AT THE HOUR OF O'CLOCK - .M., IN BOOK OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS AT PAGE(S) _________ AT THE REQUEST OF THE CITY OF CARLSBAD IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF SAN DIEGO. STATE OF CALIFORNIA. / PEE: ( INSTRUMENT. NO.:__________________________ GREGORY J. SMITH, COUNTY RECORDER I—I O I BY DEPUTY, o I COUNTY RECORDER COUNTY OF SAN DIEGO NOT TO SCALE NOTE: FOR PARTICULARS OF THE LINES AND DIMENSIONS OF ASSESSOR'S PARCELS, REFERENCE IS MADE TO THE MAPS OF THE SAN DEIGO COUNTY ASSESSOR OF SAN DIEGO COUNTY RECORDS WHICH MAPS SHALL GOVERN FOR ALL DETAILS RELATING THERETO. RD REFERENCE: CARLSBAD TRACT CT 06-20 LEGEND APPORTIONMENT BOUNDARY - — - PREVIOUS APPORTIONMENT BOUNDARY MAP REFERENCE NUMBER CZC PREVIOUS MAP REFERENCE NUMBER PALOMAR AIRPORT ci - - - - - - - - - - - - - - - - SHEET 2 OF 2 AMENDED ASSESSMENT DIAGRAM OF ASSESSMENT DISTRICT NO. 2002-01 (POINSETTIA LANE EAST) CITY OF CARLSBAD COUNTY OF SAN DIEGO STATE OF CALIFORNIA AMENDING ASSESSMENT NUMBERS 4-24.4-25,4-26,4-27 AND 4-28 SEE SHEET 1 CD (:1:) I BLDG 0 B I BLDGP BLDG QD I BLDG L -- - I _ _ CD c BLDG I BLDG 0 BLDG N BLDG R CD CD 9 <:c) ______ PREVIOUS ASSESSMENTS P9EV IMP ASSESSMENr ASSESSORS NET PARCEL 5Sep40 NO PARCELNO ACRES DESCRIPTION I 4.24 213.262-UI 6113 L0024. MAP NO lasso 2 4.25 233.26202 3 15$ LOT 25, MOP SO 14560 4-26 213.202-OS 3.02S LOT aT. MAP NO I4SI4I 4.27 213.26204 2.456 LOT 27. MAP NO 14660 5 .3.28 213.262-AS 6012 LOT 28. MAP No 14904 AMENDED ASSESSMENTS MAP REF NO. .ISSESSMEN. No ASSESSORS PARCEL NO, PARCEL DESCRIPTION 4.24.26.1 215.204:11 CARLSBAD TRACT .. ----- -Oil 2.22.28.2 214-252.12.01 CARLSBAD TRAIT IT 121. 11R LOT 2r SLOG 210.202.12.02 08101.3. BLOCS 4.24-204 214.262.12-04 0321004. BLOC I - 4q24-2- 213-262-12- 213.262.72.04 OR LOT 2, BLOC) - - 202Ur 213-262.12-05 OR LOT 2. 61046 273.262.13.01 CR1012. UNIT C-I - 4.24.28.2 210-262.13.02 OR LOT 2, UNIT 6-2 4.2.328.0 219'2A2.13.03 OR 103 2. UNIT 6.3 014.24.28.7 4.2428.10 233.262.1344 001012, UNIT 6.4 4.44.24.31 213.262.1409 CURLS OR LOT 2, UNIT 6-5 21,262q1- CAFII.SBAD TRACT IT -20& POR LOT 2w UNIT KB i IS 4w24-28-15 2-62-1349 CARLSBAD IT 16 44?,L28~16 21-43-10 CARLSBAD IT CARLSBAD :: 17 4.24-28-17 21~262=13wll IT 18 4L2&2848 21~262-13-12 CARLSBAD TRACT IT ~20. POR LOT 2, UNIT L4 19 4-2-19 21~262.13-13 CARLSBAD TRACT IT ~20, POR LOT 2. UNIT L-5 20 4-24.28.20 213.262.13.14 3274811.6 21 4w 4-28-21 21-113-IS 1 CARLSBAD TRACT IT 0S-20& POR LOT 2. UNI r ~ 23 3.42.45.23 213.262.12.16 CARLSBAD UNIT 6.2 24 4.24.28.43 213.222.13.17 CARLSBAD ..CT OB-__. - ._., ....oNIr N.3 24 4.24.28.24 213-262-13-18 CSRL3800 05116.4 25 4.24.28.25 213-262.13.15 CARLSBAD ..CT IT BC.--- --- --- -- UNIT N-S 26 2.24.28.26 213.272.10.20 CURLN000 TRACT CT Ww20 POR LOT 2. UNIT N~ 27 4.22.28.23 213402.10.21 CARLSBAD 22 4-22.28.20 213.262.14.01 CPJTLSBUO 29 4.23.28.29 273.262.74.02 CARLSBAD 30 4.24-24.30 213.262.1443 CARLSBAD 41 4.24.48.31 213-262.I4.04 CABILSBAD TRACT CT 06-21). POR LOT 2. UNIT M4 32 4.24.24.32 213.262.14.49 33 4.24.28.33 I 213.262.1409 CARLSBAD TRACT IT 06~2 , POR LOT 2. UNIT 0-1 34 4.23.23.34 013.26214-07 - 45 4.24.26.35 213-262.1044 - 36 4.24.26.39 213-262.14.09 - - -31 44428.37 213.282.14.10 CARLSBAD TRACT IT 06.20 POR LOT 2. UNIT 0-5 - - - 38 352848 213.262.14.11 CARLSBAD TRACT IT 00-20 PON LOT 2. UNITS-U - - 35 - 4-3428.35 213.262.14.12 CARLSBAD TRACT IT 00.20 P06 LOT 2. UNIT 0.1 - 40 - 3332840 213.462.14.13 CUJOLNBOO TRACT CT 05-20 PAR Lora. UNIT 0.8 47 4.24.28.37 213.262-14-U CURISRUB ITT,NCT CT 00.2(I. 006 LW 2. UNIT P-I 42 4.24.28.42 213.262-I415 CARLSBAD TRACT CT 00-20 P06 LOT 2. UNIT 0.2 42 4-04-2043 213.262.I4.1D CARLSBAD 173-Ncr IT 05.20, P06 LOT 2, UNIT P 44 4.24.2843 213-202.14.17 CARLSBAD TRACT Cl 00.20, 059 LOT 2. UNIT - 4S 4-24.2809 213.262.14.18 CPJSLSBAO -1 Cl 06.20. P001082, UNIT P.S 46 4.24.2846 211202.14.19 CIIJVLSBOO TRACT Cl 06.20. POT 1092, UNIT P-U 47 4.24.2841 213-262-14.23 CARLSBAD 56601 Cl 00.20, POT 1002 UNIT P.O 1. 4.24.2840 ' 433.462.14.21 - CARLSBAD IR,SCT CI 00.26. POALOT2, UNIT 0-I 49 4.44.2845 213.262.14.22 - CASLSSAO IRACi Cl 26.20. P05 LOT 2. UNIT 0.2 50 4-44.38.52 213.262.14.23 CARLSBUO TRACT 0 00.20, POT LOT2. SINIT 0.3 SI 4.24.24.53 1 -262-14- CARLSBAD IRACI Cl 36.20. P591574. UNIT 04 4.44.28.53 211282.14.35 - CPJTLSSOO IRACT CT 00.20. P06 LOT 2. UNIT OS 4-24.25.53 212.262.14.26 CUNLSBAD IRACI TI 66.20. POT LOT 2. 115180.6 4.24.2844 213.262.14.27 CARLSBAD TRACT CT 16.2B. P041002, UNIT 0.7 - J cD BLDG G BLDG H Hl BLDG I kDI BLDG -/'WILLDAN 11103.1 3.O1CLG 3208094-8 JUNE 2008 LEGEND - - - NOT TOSCALE APPORTIONMENT BOUNDARY PREVIOUS APPORTIONMENT BOUNDARY MAP REFERENCE NUMBER PREVIOUS MAP REFERENCE NUMBER I E 1 I 1 I I 1 1 I I I j I H I I EXHIBIT 6 I r = - > SN MOD COUNTY A$SSOU'S MAP 09 1 213-26 4209 4 SHT 3OF5 1"= 200', r LOOKER AVE W SHT 1 02/27/2008 ARS 4 0) oNt 09 06 17 C 40 A 262 La - - - - - AIF?pc1j RD / °J;12 4 02M 08 749 5* 1 CD 9.21 AC xs - >Ali 6 8 2AC 4d -.-- ( MJ HE HASTEST BRESSI RANCH #. 8,V62 DO DOC2 7-0660041 I ( 25f J14 JCI&? m (SEE SHT 5) e26 2 CONDO THE TOWERS AT BRESSI RANCH SLATER 12 PHASE 11 0667829 CD cn 0 3.37-AC n14 0 0 RANCH 3AC 9 : 0667830 ;R::: PLANS Mai R 5. i.- TS :. SS ACCE NO 9 6* lei SHT 1 AC4W R.314 4 / SHT 1 / FINNILA PL— VILLAGE GREEN DR SHT 2 MAP 15630 - CARLSBAD TCT CT 06-20 THE TOWERS AT BRESSI RANCH MAP 14960-CARLSBAD TCT CT 02-15 -J -Di 0' CD (. (J , -------------------------- BLDG K limmilli BLDG L BLDG BWGN BLDGM 1967 $ SLATER PL BLDG H BLDG I Eil BLDG F~ LJLI __ Q 213-262-14 SUB ID F071 - —J 0 I- -J 0 0 -- 0 0 C 0 cni 0' CD 10 09 THE TOWERS AT BRESSI RANCH - PHASE I THE TOWERS AT BRESSI RANCH - PHASE II SNDEGOcDJNTYASSSURSMP > z! III DOC 07 - 0660041 DOC 07 - 0667829 I 213-26 s SHT 5 LOT 2 - MAP 15630 LOT 2 - MAP 15630 ASSESSMENT PAR NO ASSESSMENT PAR NO 1" 100' 0 262 12 SUB ID 213-262-13 SUB ID &o 2/v0a ay 05 THE TOWERS AT BRESSI RANCH - PHASE III BLDG G DOC 07 - 0667830 I n_tIi..I I P1 BLDG 0 BLDG P / ASSESSMENT PAR NO LOT 2 - MAP 15630 GATEWAY RD VILLAGE GREEN DR CONDOMINIUM 71 Ti Ti Ti I I I I I Ti I I P I Ti I I I EXHIBIT 7 I AAWILWAN I Financial Services 'each .IRrJI'iII.) .11 ilL I [)atcd: June 20. 201)8 I Stone and .• iI1lrg .\ ttn: Bill I luck 4350 La Jolla Village L)rive, Suite 140 I San Diego, CA 92122 NOTICE To BOND HOLDER I DIVISION OF LAND AND ASSESSMENT NOTICE IS HEREBY GIVEN to you as the original purchaser of the bonds issued by the City of Carlsbad to represent the unpaid assessments relating to the construction of certain public improvements in an I assessment district known and designated as: Assessment District Of 2002-01 (Poinsettia Lane East). Said bonds were issued pursuant to the terms and provisions of the "Improvement Bond Act of 1915", Division 10 of the Streets and Highways Code of the State of California. I NOTICE IS HEREBY GIVEN that an apportionment has been made by the property owner of a assessment relating to the assessments and parcels as indicated by the enclosed report. I NOTICE IS HEREBY GIVEN that unless a request for a public hearing is received within fourteen (14) days from the date of this Notice, the above-apportioned assessments shall be recorded in the manner and form as required by law. If you have any further questions, please contact the undersigned at the-Office of the City Engineer at the following address: Mr. Marshall Plantz Jenifer Storsteen Senior Civ il Engineer Willdan Financial Services City of Carlsbad 27368 Via Industria, Suite 110 1635 Faraday Avenue Temecula, CA 92590 Carlsbad, CA 92008 (951) 587-3500 This procedure is pursuant to the provisions of Part 10.5 of Division 10 of the Streets and Highways Code of I the State of California and the "Improvement Bond Act of 1915". \'111dan Financial Services On behalf of the City of Carlsbad I Jenifer Storsteen. District Administration Services I I I Engineering I Geotechnical I Environmental I Financial I Homeland Security 866.807.MUNI (6864) I fax: 951.587.3510 1 27368 Via Industria, Suite 110, Temecula, CA 92590 1 www.wiildan.com 77 I I I I I I I F, I I I I I L I I I EXHIBIT 8 I RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Carlsbad 1635, Faraday Avenue Carlsbad, CA 92008 NOTICE OF AMENDED ASSESSMENT CITY OF CARLSBAD ASSESSMENT DISTRICT NO. 2002-01 (POINSETTIA LANE EAST) AMENDING ASSESSMENT NOS. 4-24,4-25,4-26,4-27 AND 4-28 (CARLSBAD TRACT CT 06-20) Pursuant to the requirements of Section 3114 of the Streets and Highways Code of California, the undersigned City Clerk of the City of Carlsbad, County of San Diego, State of California, hereby gives notice that an amended assessment diagram and assessment were recorded in the office of the City Engineer (Superintendent of Streets) of the City of Carlsbad, as provided for in said Section, and relating to the real property more particularly described on that certain amended assessment diagram filed in accordance with said Section on , 200_ in Book of Maps of Assessment and Community Facilities Districts at Page in the office of the Recorder of the County of San Diego. Said amended assessment diagram amends the assessment diagram "Assessment District Of 2002-01 I (Poinsettia Lane East)" filed the 5th day of May, 2004 in the office of said County Recorder in Book 38, Page 37 of Maps of Assessment and Community Facilities Districts. I Reference is made to the amended assessment diagram and assessment roll recorded in the office of said City Engineer (Superintendent of Streets) of the Carlsbad for the amount of each of the amended assessments. I Exhibit "A" hereto attached, and by this reference incorporated herein, shows the parcels subject to the amended assessments. DATED: , 200_ I I I I I I City Clerk City of Carlsbad County of San Diego State of California I I I L I Li I I I I I ASSESSMENT DISTRICT 2002.01 (POINSETTIA LANE EAST) I CARLSBAD TRACT CT 06.20 CITY OF CARLSBAD SAN DIEGO COUNTY EXHIBIT A AMENDED ASSESSMENT ROLL DATE June 20, 2008 PREVIOUS ASSESSMENTS ASSESSMENT ASSESSOR'S PARCEL NET OWNER OF NO. PARCEL NO. DESCRIPTION ACRES RECORD 4-24 213-262.01 LOT 24, MAP NO. 14960 6.113 PALOMAR AIRPORT ROAD LLC 4-25 213-262-02 LOT 25, MAP NO. 14960 3.158 PALOMAR AIRPORT ROAD LLC 4-26 213-262-03 LOT 26, MAP NO. 14960 3.025 PALOMAR AIRPORT ROAD LLC 4-27 213-262-04 LOT 27, MAP NO. 14960 2.466 PALOMAR AIRPORT ROAD LLC 4-28 213-262-05 LOT 28, MAP NO. 14960 6.062 PALOMAR AIRPORT ROAD LLC AMENDED ASSESSMENTS L I 1 7 PARCEL 4-24-28-1 4-24-28-2 4-24-28-3 4-24-28-4 4-24-28-5 4-24-28-6 4-24-28-7 4-24-28-8 4-24-28-9 4-24-28-10 4-24-28-11 4-24-28-12 4-24-28-13 4-24-28-14 4-24-28-15 4-24-28-16 4-24-28-17 4-24-28-18 4-24-28-19 4-24-28-20 4-24-28-21 4-24-28-22 4-24-28-23 4-24-28-24 4-24-28-25 4-24-28-26 4-24-28-27 4-24-28-28 4-24-28-29 4-24-28-30 4-24-28-31 4-24-28-32 4-24-28-33 4-24-28-34 4-24-28-35 4-24-28-36 4-24-28-37 4-24-28-38 4-24-28-39 4-24-28-40 4-24-28-41 4-24-28-42 4-24-28-43 4-24-28-44 4-24-28-45 4-24-28-46 4-24-28-47 4-24-28-48 4-24-28-49 4-24-28-50 4-24-28-51 4-24-28-62 4-24-28-53 4-24-28-54 213-262-li 213-262-12-01 213-262-12-02 213-262-12-03 213-262-12-04 213-262-12-05 213-262-13-01 213-262-13-02 213-262-13-03 213-262-13-04 213-262-13-05 213-262-13-06 213-262-13-07 213-262-13-08 213-262-13-09 213-262-13-10 213-262-13-11 213-262-13-12 213-262-13-13. 213-262-13-14 213-262-13-15 213-262-13-16 213-262-13-17 213-262-13-18 213-262-13-19 213-262-13-20 213-262-13-21 213-262-14-01 213-262-14-02 213-262-14-03 213-262-14-04 213-262-14-05 213-262-14-06 213-262-14-07 213-262-14-08 213-262-14-09 213-262-14-10 213-262-14-11 213-262-14-12 213-262-14-13 213-262-14-14 213-262-14-15 213-262-14-16 213-262-14-17 213-262-14-18 213-262-14-19 213-262-14-20 213-262-14-21 213-262-14-22 213-262-14-23 213-262-14-24 213-262-14-25 213-262-14-26 213-262-14-27 CARLSBAD TRACT CT 06-20, LOT 1 CARLSBAD TRACT CT 06-20, POR LOT 2, BLDG G CARLSBAD TRACT CT 06-20, POR LOT 2, BLDG I-I CARLSBAD TRACT CT 06-20, POR LOT 2, BLDG I CARLSBAD TRACT CT 06-20, POR LOT 2, BLDG J CARLSBAD TRACT CT 06-20, POR LOT 2, BLDG R CARLSBAD TRACT CT 06-20, POR LOT 2, UNIT K-I CARLSBAD TRACT CT 06-20, POR LOT 2, UNIT K-2 CARLSBAD TRACT CT 06-20, POR LOT 2, UNIT K-3 CARLSBAD TRACT CT 06-20, POR LOT 2, UNIT K-4 CARLSBAD TRACT CT 06-20, POR LOT 2. UNIT K-5 CARLSBAD TRACT CT 06-20, POR LOT 2, UNIT K-6 CARLSBAD TRACT CT 06-20. POR LOT 2, UNIT K-7 CARLSBAD TRACT CT 06-20, POR LOT 2, UNIT K-8 CARLSBAD TRACT CT 06-20, POR LOT 2, UNIT L-1 CARLSBAD TRACT CT 06-20, POR LOT 2, UNIT L-2 CARLSBAD TRACT CT 06-20, POR LOT 2, UNIT L-3 CARLSBAD TRACT CT 06-20, POR LOT 2, UNIT L-4 CARLSBAD TRACT CT 06-20, POR LOT 2, UNIT L-5 CARLSBAD TRACT CT 08-20, POR LOT 2, UNIT L.6 CARLSBAD TRACT CT 06-20, POR LOT 2, UNIT N-I CARLSBAD TRACT CT 06-20, POR LOT 2, UNIT N-2 CARLSBAD TRACT CT 06-20, POR LOT 2, UNIT N-3 CARLSBAD TRACT CT 06-20, POR LOT 2, UNIT N-4 CARLSBAD TRACT CT 06-20, POR LOT 2, UNIT N-S CARLSBAD TRACT CT 06-20, POR LOT 2, UNIT N-6 CARLSBAD TRACT CT 08-20, POR LOT 2. UNIT N-7 CARLSBAD TRACT CT 06-20, POR LOT 2, UNIT M-1 CARLSBAD TRACT CT 06-20, POR LOT 2, UNIT M-2 CARLSBAD TRACT CT 06-20, POR LOT 2, UNIT M-3 CARLSBAD TRACT CT 06-20, POR LOT 2, UNIT M-4 CARLSBAD TRACT CT 08-20, POR LOT 2, UNIT M-5 CARLSBAD TRACT CT 06-20, POR LOT 2, UNIT 0-1 CARLSBAD TRACT CT 08-20, POR LOT 2, UNIT 0-2 CARLSBAD TRACT CT 06-20, POR LOT 2, UNIT 0-3 CARLSBAD TRACT CT 06-20, POR LOT 2, UNIT 0-4 CARLSBAD TRACT CT 06-20, POR LOT 2, UNIT 0-5 CARLSBAD TRACT CT 08-20, POR LOT 2, UNIT 066 CARLSBAD TRACT CT 06-20, POR LOT 2. UNIT 0-7 CARLSBAD TRACT CT 06-20, POR LOT 2, UNIT 0-8 CARLSBAD TRACT CT 06-20, POR LOT 2, UNIT P-1 CARLSBAD TRACT CT 06-20. POR LOT 2, UNIT P-2 CARLSBAD TRACT CT 06-20, POR LOT 2, UNIT P4 CARLSBAD TRACT CT 06-20, POR LOT 2, UNIT P4 CARLSBAD TRACT CT 06-20, POR LOT 2, UNIT P-5 CARLSBAD TRACT CT 06-20, POR LOT 2, UNIT P4 CARLSBAD TRACT CT 06-20, POR LOT 2, UNIT P-7 CARLSBAD TRACT CT 06-20, POR LOT 2, UNIT 0-1 CARLSBAD TRACT CT 06-20, POR LOT 2, UNIT 0-2 CARLSBAD TRACT CT 06-20, POR LOT 2, UNIT 0-3 CARLSBAD TRACT CT 06-20, POR LOT 2, UNIT 0-4 CARLSBAD TRACT CT 06-20, POR LOT 2, UNIT 0-5 CARLSBAD TRACT CT 06-20, POR LOT 2, UNIT 0-6 CARLSBAD TRACT CT 06-20, POR LOT 2, UNIT 0-7 PALOMAR AIRPORT ROAD LLC PALOMAR AIRPORT ROAD LLC PALOMAR AIRPORT ROAD LLC PALOMAR AIRPORT ROAD LLC RUSHALL & MCGEEVER FAMILY L P VENTURE WALK LL C PALOMAR AIRPORT ROAD LLC PALOMAR AIRPORT ROAD LLC NIELS C & TINA J NORBY PALOMAR AIRPORT ROAD LLC PALOMAR AIRPORT ROAD LLC PALOMAR AIRPORT ROAD LLC PALOMAR AIRPORT ROAD LLC PALOMAR AIRPORT ROAD LLC K C GRIGGS L L C PALOMAR AIRPORT ROAD LLC PALOMAR AIRPORT ROAD LLC PALOMAR AIRPORT ROAD LLC PALOMAR AIRPORT ROAD LLC PALOMAR AIRPORT ROAD LLC EDWARD R BALLARD PACIFIC SHORES HOLDING L L C B H G ENTERPRISES L L C PALOMAR AIRPORT ROAD LLC SMITH MOUNTAIN PROPERTIES L L C CARLTON D & SANDRA L LUND PALOMAR AIRPORT ROAD LLC PALOMAR AIRPORT ROAD LLC PALOMAR AIRPORT ROAD LLC PALOMAR AIRPORT ROAD LLC PALOMAR AIRPORT ROAD LLC PALOMAR AIRPORT ROAD LLC PALOMAR AIRPORT ROAD LLC PALOMAR AIRPORT ROAD LLC PALOMAR AIRPORT ROAD LLC PALOMAR AIRPORT ROAD LLC PALOMAR AIRPORT ROAD LLC PALOMAR AIRPORT ROAD LLC PALOMAR AIRPORT ROAD LLC PHILLIP & LESLIE SALVAGIO PALOMAR AIRPORT ROAD LLC PALOMAR AIRPORT ROAD LLC PALOMAR AIRPORT ROAD LLC PALOMAR AIRPORT ROAD LLC PALOMAR AIRPORT ROAD LLC PALOMAR AIRPORT ROAD LLC PALOMAR AIRPORT ROAD LLC PALOMAR AIRPORT ROAD LLC PALOMAR AIRPORT ROAD LLC PALOMAR AIRPORT ROAD LLC PALOMAR AIRPORT ROAD LLC PALOMAR AIRPORT ROAD LLC PALOMAR AIRPORT ROAD LLC PALOMAR AIRPORT ROAD LLC H I I I I U I. I I I I p A Pop. I Oil ngft pqm Wv* CITY OF CARLSBAD APPORTIONMENT AND AMENDED ASSESSMENT REPORT ASSESSMENT DISTRICT No. 2002-01, (POINSETTIA LANE EAST) AMENDING ASSESSMENT NUMBERS 3-19, 3-209 3-21 AND 3-22 LOT LINE ADJUSTMENT 06-10 NOVEMBER 2007 50 11 MuniFinancial Corporate Office: 27368 Via Industria Suite 110 Temecula, CA 92590 Tel: (951) 587-3500 Tel: (800) 755-MUNI (6864) Fax: (951) 587-3510 Regional Office Locations: Lancaster, CA Oakland, CA Sacramento, CA Phoenix, AZ Orlando, FL Seattle, WA Memphis, TN www.muni.com TABLE OF CONTENTS APPLICATION FOR APPORTIONMENT..................................................EXHIBIT I METHOD OF SPREAD ............................................................................. EXHIBIT 2 REVISED SPREAD AMENDING ASSESSMENT.....................................EXHIBIT 3 PREVIOUS ASSESSOR'S PARCEL MAP ...............................................EXHIBIT 4 LOT LINE ADJUSTMENT 06-10 ..............................................................EXHIBIT 5 AMENDED ASSESSMENT DIAGRAM.....................................................EXHIBIT 6 NOTICE TO BONDHOLDER .................................................................... EXHIBIT 7 NOTICE OF AMENDED ASSESSMENT ..................................................EXHIBIT 8 I I I I I I I I I I 1 Ej I U F~ I I I EXHIBIT I I PdJG-1-2207 9:O2 FCM: T0:174E6769 CITY OF CARLSBAD APPLICATION FOR ASSESSMENT APPORTIONMENT Please complete the application In full. Refer to the attached instructions for assistance. Return completed form to: CITY OF CARLSBAD Development SeMces Engineering Counter 1635 Faraday Avenue Carfbsad, CA 92008 gress Qn QwnerinQifteer Phone Number J2.Qo co1 Nejork C Sfra9 A'dfeSs 3' -ô Assessment Oisfrki Name and Number 1LA Call the NBS Government Finance Group at (800) 676-7518 for District and/or Project Information Original APN(s) LealDescription Original Assessment Amount( h 0 Jj3 I I I I I I I H Purpose {PIeass check ore) Subdivision Map No. - Pcel map No.: %, lot line Adjustment No,: Parcel Map Waiver No,: Number of new parcels: Fee Schedule Tract Map Apportionment (5 or more parcels) per Chapter 2, Section 68426 of the Subdivision Map Act (See the Fee Schedule attached) tap Apportionment (4 or less parcels) p;- 2. Secttoti 68426 of the Subdivision Map Act H I (Sea the Fee Schedule atache1) The undersigned, being the Owner or interested party in property as set forth below, hereby requests the City of Carti,rjd to apportlaD the amount remaining unpaid on the above assessment(s) In accordance with the provlsions of Part 10.5 olthg 'Improvamorit Bond Act of 19161' or Part 5. Chapter 55 of the imnprovamant Act of 1911, and said assessment is to be apportioned to each separate part of tie original tat or parcel of land, the apportioriate part of the amount remaining unpaid on the assessment that would have been levied thereon had the lot or parcel baon tmr, divtnd t tho 11mo.offhe cr1 qir'.& ccnflrrn&ien of assessment. ( ,........ Appllcnrs Sigflaturri' .......................... Cafe IMPORTANT: TWO COPIES OF THE FINAL MAP OR ADJUSTMENT PLAT (IE x 26 BLUEUNE & B 112" x It" REDUCTION) MUST BE PROVIDED TO BE USED AS THE BASIS FOR THE AMENDED ASSESSMENT DIAGRAM. 1:IOEVELOPMcNT SECVCESMM RS1ORMSJAPPUCA it uârt-,, IGp,fl1)N IOR ASUtMI PIT APPOttt VI$rD ,irm I I I I I I P H I I I I I I I I I I I I I ,7 L• I EXHIBIT 2 I City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 10 0 . EXHIBIT A METHOD AND FORMULA OF ASSESSMENT SPREAD I Since the improvements are to be funded by the levying of assessments, the Assessment Law requires that assessments be based on the special benefit that the properties receive from the improvements. in addition, the Assessment Law I provides that a parcel's assessment may not exceed the reasonable cost of the proportional special benefit conferred on that parcel. Further, only special benefits are assessable and the local agency levying the assessment must I separate the general benefits from the special benefits. All publicly owned property must be assessed if it specially benefits from the improvements. The Assessment Law does not specify the method or formula that should be I used to apportion the costs to properties in any special assessment district proceedings. The responsibility for recommending an apportionment of the costs to properties, which specially benefit from the improvements rests with the Assessment Engineer, who is appointed for the purpose of making an analysis of I the facts and determining the correct apportionment of the assessment obligation. In order to apportion the assessments to each parcel in direct proportion with the special benefit which it will receive from the improvements, an in-depth analysis I has been completed and is used as the basis for apportioning costs to each property within the Assessment District as explained below. I • Based upon an analysis of the special benefit to be received by each parcel from the improvements, the Assessment Engineer recommends the I apportionment of costs as outlined herein. The final authority and action rests with the City Council after hearing all testimony and evidence presented at a public hearing, and the tabulation of the assessment ballots previously mailed to all record owners of property within the Assessment District. Upon the conclusion of the public I hearing, the City Council must make the final determination whether or not the assessment spread has been made in direct proportion to the special benefits to be received by each parcel within the Assessment District. Assessment ballot I tabulation will be finalized at that time and, if a majority of the assessment ballots received prior to the close of the public hearing weighted by assessment amount are not opposed to the levy of the assessments, then the City Council may confirm I the levy of the assessments. The following sections define and explain the special benefits and general I benefits, and set forth the methodology used to apportion the costs of the improvements providing special benefits to each parcel, and confirm that the assessments are reasonable and justified. I The Method of Apportionment I The Assessment District improvements have been assigned into six benefit dry components; roadway, potable water, recycled water, sewer, utilities and I Prepared by Galen N. Peterson March 29, 2004 I I City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 11 l ie incidental expenses. Roadway improvement costs are spread on vehicle average daily trip (ADT) generation. Potable water, sewer and dry utility costs are spread on an equivalent dwelling unit (EDU) basis. Recycled water costs are spread to the roadway and specific parcels based on the amount of recycled water used for I the irrigation of each roadway and specific parcel. The incidental expenses have been based on either the actual cost to each component of the improvements or if I cost the incidental costs apply to all such components then to the prorated construction of each such component. Because some of the assessor parcel boundaries do not coincide with the Village I Planning Areas or Neighborhoods, some initial assessments will be placed in aggregate on multiple assessor parcels until final maps are recorded and the new assessor parcels coincide with the Village Planning Areas or Neighborhoods as I applicable. The procedure of identifying and apportioning special benefit to the land uses and I parcels has been organized as follows: Identification of Benefit Components I A. A-I Backbone Roadway Improvement Components I S A-2 Backbone Potable Water and Sewer Improvement Components A-3 Backbone Recycled Water Improvement Components I A-4 Backbone Dry Utilities Improvement Components I A-5 Incidental Expenses Components Special Benefits General Benefits Proportioning Special Benefits D-1 Land Use Categories D-2 Proportionate Special Benefit of Roadway Improvements D-3 Proportionate Special Benefit of Utility Improvements D-4 Proportioning Formation, Issuance and Financing Costs I Prepared by Galen N. Peterson March 29, 2004 I I I [1 City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 12 l ie E. Proclamations E-1 Assessments Equal to or Less Than the Proportional Special Benefits E-2 Reasonableness and Justification of Assessments I E-3 Future Apportionment A. IDENTIFICATION OF BENEFIT COMPONENTS I The improvements to be acquired or constructed by the City from the proceeds of bonds issued for each benefit area of the Assessment District are necessary for development of the Assessment District parcels and are required by the Villages of La Costa (The Greens) and by the Bressi Ranch Master Plans and the conditions of development as set forth in the land use entitlements approved by the City for each benefit area. Without the improvements, the parcels within I the Assessment District cannot be developed to their planned ultimate uses pursuant to such land use entitlements. I It is unfeasible and impractical for the parcels to be utilized to their highest and best use without the backbone roadways and utilities that will be funded by the Assessment District. A-I Backbone Roadway Improvement Components The foremost purpose of the Assessment District is to provide financing for the I backbone road access so the Assessment District parcels can be developed. The most significant and costly improvement is the work associated with the road construction. The road construction has created the I need to relocate sewer mains and utilities, re-establish habitat areas, and install landscaping to protect the roadway slopes. The road construction has also created the need to construct storm drains to protect the roadway and to I relocate other facilities and provide mitigation areas that would not have otherwise been necessary if the road was not constructed. The road and associated costs have been placed into one roadway improvement component I for the purpose of defining the roadway costs and apportioning special benefit. A percentage of the cost of the backbone recycled water distribution system has been spread in the same manner as the roadway expenses. This portion of the recycled water system improvements will provide an irrigation water system for the roadway landscaping. a I. I The roadway improvement component includes: Poinsettia Lane, El Fuerte, El Camino Real, relocation of utilities, establishment of habitat mitigation areas, and a portion of the recycled water system to serve the roadway landscaping. Prepared by Galen N. Peterson March 29, 2004 I City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 13 1 A-2 Backbone Potable Water and Sewer Improvement Components Coincidental to the roadway improvements is the necessity to construct certain I backbone utility improvements within the roadway right of way concurrently with construction of the roadway improvements. These improvements confer a different special benefit to the properties than the special benefit conferred by I the roadway improvements. Therefore potable water and sewer (other than relocated facilities for the roadway costs) have been separated into wet utility components for purposes of defining special benefits and allocating the costs I of such components. A-3 Backbone Recycled Water Improvement Components I Coincidental to the roadway improvements is the necessity to construct certain backbone recycled water improvements within the roadway right of way concurrently with construction of the roadway improvements. A percentage of I these improvements confer a different special benefit to the properties than - the special benefit conferred by the roadway improvements based on where I the recycled water will be used. The recycled water facilities have been separated into a separate component for purposes of defining special benefits and allocating the costs of such components. A-4 Backbone Dry Utilities Improvement Components Coincidental to the roadway improvements is the necessity to construct certain ' backbone dry utility improvements within the roadway right of way concurrently with construction of the roadway improvements. These improvements confer a different special benefit to the properties than the special benefit conferred by the roadway improvements. Therefore the dry utilities have been separated I into a separate component for purposes of defining special benefits and allocating the costs of such components. A -5 Incidental Expense Components I administration In addition to the improvement costs, there are incidental construction and Assessment District formation expenses. These costs include, but are not limited to: construction administration, construction I supervision, design, testing, surveying, assessment engineering, audit of acquisition costs, financial advisors, appraisals, bond counsel, underwriting, - official statement printing, financing cost and establishment of a bond reserve I fund. The costs of the formation of the Assessment District, including the costs of issuance, have been determined to be eligible for inclusion and are included in the Assessment District incidental costs. Some of these costs can be assigned directly to one of the benefit components as shown in Appendix j "E". Other costs that cannot be assigned directly to one of the benefit I Prepared by Galen N. Peterson March 29, 2004 I I City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 14 components have been prorated to each assessment number in accordance with that assessment number's share of the construction cost. B. SPECIAL BENEFITS - The purpose of this Assessment District is to fund the construction and acquisition of public improvements required to serve the Assessment District parcels. Special benefit is received by each parcel within the boundaries of the Assessment District from new roadway access and the availability of utility services that are required and necessary for the properties to develop to their highest and best use in accordance with and as permitted by the approved land use entitlements. I The improvements to be constructed and/or acquired by the District - accommodate the planned development within the Assessment District area in accordance with the approved land use entitlements. The Villages of La Costa (The I Greens) and the Bressi Ranch Specific Plan environmental documents and the. Tentative Map identify the need for access and utilities, and place conditions upon the parcels within the Assessment District to provide those improvements. $ The Assessment District Improvements satisfy the conditions of development by providing access and backbone utilities so the projects can support their planned - uses. Without the improvements, the parcels within the Assessment District could I not be developed to their planned and conditionally approved uses. The special benefit conferred on the parcels within the Assessment District from the proposed improvements include: increased development potential, relief from I access constraints, improved accessibility to utilities, fulfillment of development conditions and ensured investment returns. The special benefit to each parcel is such that the parcels will be allowed to gain access to a public street network and I have water, sewer, recycled water and dry utilities- readily available, thereby allowing them to develop to their highest potential. Special benefit accrues to each parcel to be subdivided and served by the improvements to be constructed. Since some of the areas within the Assessment District have not been subdivided into individual lots at this time, the assessments will be placed in aggregate on one or more existing assessor parcels and apportionment of the assessments will take place as final maps record. C. GENERAL BENEFITS Some public improvements will confer general benefit to properties orthe public at I large outside the Assessment District. In making an analysis, a review was conducted of the surrounding areas. The review resulted in identifying general benefits that accrued to properties outside the Assessment District. a, ii Prepared by Galen N. Peterson March 29, 2004 I City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 15 ,I • Poinsettia Lane is designated as a prime arterial roadway. Previously, Poinsettia Lane did not exist east of El Camino Real, Four lanes are proposed to be constructed. Two lanes are required to serve the estimated volume of traffic $ generated by the Assessment District parcels. Two center lanes (one in each direction) are required for through traffic originating outside of the Assessment District. The costs associated with the construction and placement of the asphalt -- and base for the two center lanes have been determined to be a general 1 benefit and will not be assessed to parcels within the Assessment District. El Fuerte Street is designated as a secondary arterial roadway and will be constructed from Palomar Airport Road south to connect to the existing terminus of El Fuerte Street at the southerly boundary of Bressi Ranch. Four lanes are proposed to be constructed. Two lanes are required to serve the estimated volume of traffic generated by the Assessment District parcels. Two center lanes (one in each direction) are required for through traffic originating outside of the Assessment District. The costs associated with the construction and placement of the asphalt and base for the two center lanes have been determined to be a general benefit and will not be assessed to parcels within the Assessment District. 1 Based on the estimated roadway construction costs, the cost of the roadway base and asphalt pavement to provide the two center lanes for both Poinsettia I, • Lane and El Fuerte Street is approximately $968,360. The grading beneath the two center lanes of each roadway benefits the Assessment District because it provides lateral support to the Assessment District paved lanes. This I grading can not be eliminated from the overall roadway grading without constructing retaining walls that would unreasonably increase the Assessment District cost. Therefore all of the Poinsettia Lane and El Fuerte Street grading I provides special benefit to the Assessment District Properties. D. PROPORTIONING SPECIAL BENEFITS D-1 Land Use Categories The following land use categories are-included in the Assessment District: planned industrial, business park, community retail, office, single-family detached and single-family attached residential, apartments (affordable housing), assisted living, daycare center, boys and girls club, church, school, home owners association recreation areas, park and open space. I. I I Except for the irrigated areas in Assessment Numbers 17 and 39 (Village Green OS-2 and open space lot 34), the non-active and undeveloped open space areas do not receive special benefit from the works of improvements and will not be assessed. Open space areas are those areas that are deeded or perpetually designated in easements. Prepared by Galen N. Peterson March 29, 2004 City of Carlsbad - Assessment District No. 200201 (Poinsettia Lane East) . Page 16 I .D-2 Proportionate Special Benefit of Roadway Improvements Trip Generation Factors for Roadway Improvements I The use of and need for roadway improvements is a function of the number of vehicle trips per day generated by the use of the land I served by the streets. Traffic engineers have developed traffic generation factors, which are related to development density and type of land use. Therefore, trip generation is an appropriate basis for apportioning roadway improvements and related costs among the I specially benefited parcels. The trip generation factors will be estimated from the July 1998, SANDAG Trip Generation Manual and weighted as explained below. I SANDAG categorizes trips as primary, diverted and pass-by. This analysis uses only the primary trip percentages for the non-residential I land use categories to avoid double counting of the residential trips. Single Family Detached Trip Generation I The Average Daily Trips (ADT) per detached single-family dwelling is 10 ADT. The Assessment District single-family dwelling product types are similar to the SANDAG study areas. I • Single Family Attached Trip Generation The Average Daily Trips per attached dwelling unit or for a condominium I unit is 8 ADT. Affordable Housing (Bressi Ranch) Trip Generation I The Average Daily Trips for each affordable housing unit, based on the formula in footnote Rot the 1998 SANDAG Trip Generation Manual, is 6.4ADT (-2.169 Ln(100 units/5.13 ac) + 12.85). I Apartment Affordable Housing (Greens) Trip Generation The Average Daily Trips for each affordable housing unit, based on the I 1998 SANDAG Trip Generation Manual for apartments, is 6 ADT. Assisted Living Trip Generation The Average Daily Trips for each assisted living room, based on 1998 1 SANDAG Trip Generation Manual for congregate care facility, is 2 ADT. Industrial Trip Generation ,I The Average Daily Trips for industrial park is 80 ADT per net acre. The primary trip percentage for industrial park is 79%. I, i Prepared by Galen N. Peterson March 29, 2004 I City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 17 i • Community Retail Trip Generation The Average Daily Trips for commercial shops - specialty retail/strip commercial is 40 ADT per 1,000 square feet. The primary trip I percentage for this land use is 45%. Office Trip Generation The Average Daily Trips for corporate headquarters office is 7 ADT per 1 1,000 square feet. The primary trip percentage for this land use is 82%. School Trip Generation I The Average Daily Trips for an elementary school is 60 ADT per net acre. The primary trip percentage for an elementary school site is 57%. Church Trip Generation The Average Daily Trips for a church is 30 ADT per net acre. The primary trip percentage for a church site is 64%. I Day Care Trip Generation The Average Daily Trips rates for day care use is 80 ADT per 1,000 square feet. The Floor Area Ratio for the day care sites is estimated at I 0.1 of building per net land area. Therefore, the 80 ADT per 1,000 square feet is equivalent to approximately 348 ADT per net acre (80 I times 43,560/1,000 times 0.1). The primary trip percentage for a day care is 28%. I The Boys & Girls Club Trip Generation Average Daily Trips for a multi-purpose recreational facility is 90 ADT per net acre. The primary trip percentage for this land use is 52%. I Home Owners Association Recreation Areas Trip Generation The Average Daily Trips generation for the home owner's association (HOA) recreation areas, which is equivalent to a neighborhood park, I is 5 ADT per net acre. In order to avoid double counting the residential trips, the primary trip percentage used for external trips is 25%. The HOA lots 47, 48 and 49 within Benefit Area No. 2 were assigned 10, 2.8 I and 1.9 ADT per site, respectively. The three HOA areas in Planning Areas 9, 10 and 12 and the Village Green area (OS-2) within Benefit Area No. 1 were assigned 13.9 ADT. The Village Square area in I Planning Area 15 within Benefit Area No. 1 was assigned 2.5 ADT. Park Trip Generation The Average Daily Trips generation for a regional park is 20 ADT per net acre. The primary trip percentage for a regional park is 66%. 1, I Prepared by Galen N. Peterson March 29, 2004 1 I I City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 18 lie I I Weighted Benefit by Land Use for Roadway Improvements The geographic concentration and placement of major land uses (residential, commercial retail and office, and industrial) within the Assessment District boundaries indicates that their impact on, hence their special benefits from, the roadway improvements are not uniform and should be weighted. The results of a study performed by Urban Systems, Inc. shown at the end of Appendix "F" indicates that the relative weighting for industrial and commercial land use compared to residential land uses on each roadway improvements is as follows: Road Relative Benefit Industrial Commercial Residential and Other Poinsettia Lane 0.4 0.7 1.0 El Fuerte 0.2 0.8 1.0 El Camino Real 0.6 0.5 1.0 These weights were applied to the ADT generation factors discussed above in order to arrive at an allocable share for each of the three roadway improvement costs. The costs for each of the roadway improvements were allocated only to the assessment numbers that specially benefit from such roadway improvements as set forth below: Poinsettia Lane - Poinsettia Lane roadway costs specially benefit all assessment numbers in the Assessment District. Therefore, Poinsettia Lane roadway costs were allocated to all assessment numbers based on the ADT generation factors and weighting applicable to Poinsettia Lane. El Fuerte - El Fuerte roadway costs specially benefit only assessment numbers 1 through 21. Therefore, El Fuerte roadway costs were allocated only to assessment numbers 1 through 21 based on the ADT generation factors and weighting applicable to El Fuerte. El Camino Real (Bressi Ranch portion) - El Camino Real (Bressi Ranch portion) roadway costs specially benefit only assessment numbers 1 through 21. Therefore, El Camino Real (Bressi Ranch portion) roadway costs were allocated only to assessment numbers 1 through 21 based on the ADT generation factors and weighting applicable to El Camino Real (Bressi Ranch portion). El Camino Real (Greens portion) - El Camino Real (Greens portion) roadway costs specially benefit only assessment numbers 22 through 39. 1 .1 Prepared by Galen N. Peterson March 29, 2004 1 City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 19 I s Therefore, El Camino Real (Greens portion) roadway costs were allocated only to assessment numbers 22 through 39 based on the ADT generation factors and weighting applicable to El Camino Real (Greens portion). I D-3 Proportionate Special Benefit of Utility Improvements The most pertinent and reasonable utility improvement special benefit variable is average daily demand. The detached single family home will be the basic equivalence for measuring demand to other land use categories. Potable Water and Sewer Water and sewer demand was obtained from the 2002 update of the City of Carlsbad Water Master Plan. A summary of the water and sewer usage is shown below: I 1 1 I * I Land Use Potable Water and Sewer Usage Single Family Detached 550 gallons I day Single Family Attached 250 gallons / day Non Residential 2,300 gallons /10,000 SF /day A single family detached unit has been assigned an equivalent dwelling I unit (EDU) weight of 1.0 EDU. By converting the gallons per day to EDU we arrive at the following table: Land Use Potable Water and Sewer EDU Single Family Detached 1.0 EDU / Unit Single Family Attached 0.5 EDU I Unit Non Residential 4.2 EDU / 10,000 SF I lie 1 The City of Carlsbad Water Master Plan estimates water demand for park as 2.5 acre-foot per acre per year. This translates to 2,230 gallons per acre per day (2.5 x 43,560 x 7.48/365). Potable water demand for park is estimated as 10% of the demand for recycled water for irrigation, resulting in 0.4 EDU per acre (0.1 x 2,230/550) of parkland. Prepared by Galen N. Peterson March 29, 2004 I I City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 20 Homeowner association (HOA) lots water usage was estimated based on I • the characteristics of the parcels and their expected land use. The HOA lots 47, 48 and 49 within Benefit Area No. 2 were assigned 2.41, 2.08 and 1.43 EDU per site, respectively. The three HOA areas in Planning I Areas 9, 10 and 12 and the Village Green area (OS-2) within Benefit Area No. 1 were assigned 3.8 EDU. The Village Square area in Planning Area 15 within Benefit Area No. 1 was assigned 1.0 EDU. I The Assessment Diagram identifies two benefit zones for sewer improvements. Sewer Zone A includes all of the Assessment District parcels I . that benefit from the sewer improvements. Sewer Zone B includes the remaining Assessment District parcels that do not benefit from the sewer improvements. I The water and sewer costs for new facilities (sewer relocation related to the construction of the road was allocated with the street costs) related each street segment were allocated only to the assessment numbers I to that specially benefit from such water and sewer costs as set forth - below: I Poinsettia Lane Segment I - Poinsettia Lane Segment I water costs specially benefit only assessment numbers 22 through 39. Therefore, I numbers Poinsettia Lane Segment 1 water costs were allocated only to assessment 22 through 39 based on the applicable EDU factors. I Poinsettia Lane Segment 2— Poinsettia Lane Segment 2 water costs specially benefit only assessment numbers 1 through 21. Therefore, Poinsettia Lane Segment 2 water costs were allocated only to assessment numbers 1 through 21 based on the applicable EDU factors. I El Fuerte - El Fuerte water costs specialty benefit only assessment numbers 1 through 21. Therefore, El Fuerte water costs were allocated only to I assessment numbers 1 through 21 based on the applicable EDU factors. El Camino Real (Bressi Ranch portion) - El Camino Real (Bressi Ranch I portion) water costs specially benefit only assessment numbers 1 through 21. Therefore, El Camino Real (Bressi Ranch portion) water costs were allocated only to assessment numbers 1 through 21 based on the applicable I EDU factors. El Camino Real (Greens portion) - El Camino Real (Greens portion) water costs specially benefit only assessment numbers 22 through 39. Therefore, I El Camino Real (Greens portion) water costs were allocated only to assessment numbers 22 through 39 based on the applicable EDU factors. I.. I Prepared by Galen N. Peterson March 29, 2004 1 City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 21 Sewer costs benefit only assessment numbers in Sewer Zone A, as shown on the Assessment Diagram. Therefore, sewer costs for each road segment were allocated to the respective assessment numbers that the water was allocated to, but only to parcels within Sewer Zone A based on the applicable EDU factors. There was no assessment for sewer costs to the assessment numbers in Sewer Zone B, as shown on the Assessment Diagram. Summary of Special Benefit Factors Roadway Improvements Utilities Land Use Category Primary Trip Adjusted ADT % Applied 1 ADT EDUs Single Family 10 /DU - 10/ DU 1.0 / DU Detached Single Family 8/DU - 8 IDU 0.5 I DU Attached Affordable Housing 6.4 / DU - 6.4 I DU 0.5 I DU (Bressi Ranch) Apartment (Affordable 6/DU - 6/DU 0.5 / DU Housing) Assisted Living 2 I Room - 2 / Room 4.2 / 10ksf Industrial 80/AC 79% 63/AC 4.2/ 10ksf Community Retail 40/1,000 45% 18 /1,000 4.2 / 10ksf SF SF Office 7/1,000SF 82% 6/1,000SF 4.2/10ksf School 60/AC 57% 34 / AC 4.2 /1 Oksf Church 30/ AC 64% 19/AC 4.2 110ksf Day Care 80/ 1,000 SF 28% 97.4/AC 4.2l10ksf Boys & Girls Club 90/AC 52% 4.7 /AC 4.2/ 10ksf Homeowners 5/AC 25% 1.25 /AC 4.2 / 10ksf Association Rec Areas and per site and per site Community (Regional) 20/AC 66% 13/AC 0.4 /AC Park 1. Primary Trips are defined by SANDAG as 'one trip directly between origin and primary destination." Prepared by Galen N. Peterson March 29, 2004 I I I. I I I I I 1 I 1 I I I I I. I I I I City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 22 I • Recycled Water The recycled water system located within the public right-of-way will provide irrigation water to (I) medians, parkways, and adjacent roadway slopes (in I and adjacent to the public streets and public easements) (ii) landscaped slopes and pocket parks within the home owners association open space areas (iii) landscaped areas of the public park (iv) landscaped areas of the I school (v) landscaped areas of the private school and (vi) landscaped areas of the industrial section. The recycled water system specially benefits only the six categories stated above. Therefore, the recycled water system costs were allocated only to I the irrigated area of these six categories. The percentage of area in each category, determined from the total area in all six categories, was multiplied times the cost of the recycled water system to arrive at the cost to be applied each category. The resulting recycled water system cost for the first I to category was added to the cost for the roadways and spread to all of the assessment numbers that specially benefit from the roadways. The resulting recycled water system cost for the second category was spread to all of the I residential units within the homeowners association that specially benefits from the open space areas. The resulting recycled water system cost for the I last four categories was spread to the assessment numbers that correspond to those areas. ' Dry Utilities The demand for dry utilities is considered to be similar to the factors ' used for water and sewer as shown above. The dry utilities costs (limited by the Internal Revenue Service to five percent of the bond issue amount in order for the bonds to qualify for tax-exempt status) were allocated based on EDU factors using the same methodology and, except as noted below, the I same factors as were used in allocating water costs. Due to the unique characteristics of the home owner association lots, the I following dry utilities EDU factors were used for these lots: The HOA lots 47, 48 and 49 within Benefit Area No. 2 were assigned 1 .5, 0.3 and 0.3 EDU per site, respectively. The three HOA areas in Planning Areas 9, I 10 and 12 and the Village Green area (OS-2) within Benefit Area No. 1 were assigned 2.4 EDU. The Village Square area in Planning Area 15 within Benefit Area No. I was assigned 1.0 EDU. I D-4 Proportioning Formation, Issuance and Financing Costs I• I The costs to form this Assessment District, including the costs of issuance, have been determined to be eligible for inclusion in the Assessment District Prepared by Galen N. Peterson March 29, 2004 1 I City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 23 I • funding. Some of the incidental costs can be assigned directly to one of the benefit components as shown in Appendix "E". These costs that cannot be assigned directly to any one of the benefit components and therefore have ' been separated into a separate component for purposes of defining special benefits and allocating costs on a pro-rata basis relative to the improvement costs associated with each parcel as shown in Table 1 of Appendix F. The financing costs (bond discount and bond reserve), I including capitalized interest, have also been assessed on a pro-rata basis relative to the improvement costs associated with each parcel. I E. PROCLAMATIONS E-i Assessments are equal to or less than the proportional special I benefit each parcel receives The special benefit received from the Assessment District improvements I exceeds the assessment allocated to each parcel. The improvements provided will increase the value of each parcel by more than the assessment levied upon it. To ensure that the assessments will be equal to or less than the I proportional special benefit conferred, a review was made of similar properties in the vicinity. Comparison of recent sales records indicated that the average price per square foot of raw land increased in an amount greater I • than the costs of the assessments per square foot after backbone roadway and utility improvements were in place. l E-2 Reasonableness and Justification of Assessments It is well known and understood by the development community that public infrastructure is required for raw land to develop to its highest and best use. I After the passage of Proposition 13 and Assembly Bill 1600, developers and investors realize that they must provide the public infrastructure to support, their developments without burdening existing properties. The I Assessment District improvements are estimated to add 7% or more value to each parcel's overall value. A review of other developments has shown I that this percentage is consistent with the costs of providing backbone access and utilities to raw land in similar developments. Therefore this Assessment levy is reasonable in relationship to the added value the improvements provide to the parcels. I E-3 Future Apportionment of Special Benefit I Special benefit will accrue to each parcel created by the subdivision of the property within the Assessment District. Since certain existing parcels within the Assessment District will not, at the time of formation of the Assessment ' District, have been subdivided into final lots, the initial assessments established at the time of formation of the Assessment District will be placed I Prepared by Galen N. Peterson March 29, 2004 I City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 24 I .in the aggregate on the assessors parcels existing at the time of formation of the Assessment District. An assessment levied on a parcel existing at the time of formation of the Assessment District will be apportioned among those I parcels created by the subsequent subdivision of such existing parcel. Assessments apportioned to any parcel created by the subdivision of an I existing parcel which is to be owned by a public agency (each, a "Public Parcel") or a non-profit 501(c)(3) organization (each, a "501(c)(3) Parcel") or a home owners association (each, an "HOA Parcel") must be paid off in full prior to the recordation of the final subdivision map creating such Public I Parcel or 501(c)(3) Parcel or HOA Parcel or contributed by the Developer as a reduced purchase price for improvements to be acquired pursuant to the Acquisition/Financing Agreement. The City shall not provide to the owner or I subdivider of such existing parcel a certificate as required by Government Code Section 66493(f) for any subdivision certifying that the City Council has determined that provision has been made for the segregation of the I responsibility of each of the proposed new parcels for a portion of the assessment unless payment in full of the assessments apportioned to all Public Parcels, 501(c)(3) Parcels and HOA Parcels created by such ' subdivision has been received by the City or otherwise contributed as described above. I It is the City of Carlsbad's policy that final lots that receive similar special benefit also have similar final assessments. If the future subdivision of any planning area does not yield the estimated number of dwelling units, the City I reserves the right to require upon application of assessment reapportionment, that a portion of the outstanding assessment be paid by the property owners to ensure that the assessments remain consistent within and I between the planning areas as further provided in the Acquisition/Financing Agreement. All reapportionments will be subject to City of Carlsbad policies and procedures. FINDINGS AND DETERMINATIONS OF ASSESSMENT ENGINEER I The undersigned, Galen N. Peterson, hereby finds and determine as follows: A. The proportionate special benefit derived by each parcel proposed to be assessed has been determined in relationship to the entirety of the costs I of the improvements to be funded from the proceeds of the bonds issued for the Assessment District and the cash collections. I B. No assessment is proposed to be imposed on any parcel, which exceeds the reasonable cost of the proportional special benefit conferred on that parcel. I, I Prepared by Galen N. Peterson March 29, 2004 1 City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 25 I • Only special benefits have been assessed. Parcels within the Assessment District that are owned or used by any I agency, the State of California or the United States and which receive a special benefit from the improvements have been assessed accordingly. ' In conclusion, it is my opinion that the assessments for the referenced Assessment District have been spread in direct accordance with the estimated special benefits that each parcel receives from the improvements. Dated: ? day of /14,iec/1 ,200.4.- I GALEN AZT7 c~ N. PETE SON, P.E. R.C.E. No. 18,364 (Expires 06/2005) ASSESSMENT ENGINEER I CITY OF CARLSBAD SAN DIEGO COUNTY STATE OF CALIFORNIA L i I P L I I El I Prepared by Galen N. Peterson March 29, 2004 I [Ti I City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 26 l ie 1, LORRAINE M. WOOD, CITY CLERK of the CITY OF CARLSBAD, CALIFORNIA do hereby certify that the foregoing Assessment, together with the Diagram attached thereto, was filed in my office on the 4 :7 day of I /4A)/,200*. ITy GL ' CITY OF CARLSBAD I STATE OF CALIFORNIA I, LORRAINE M. WOOD, CITY CLERK of the CITY OF CARLSBAD, I CALIFORNIA do hereby certify that the foregoing Assessment, together with the Diagram attached thereto, was preliminarily approved by the City Council of the CITY OF CARLSBAD, CALIFORNIA, on the / 7dayof/e.J4,' 2001. I I CITY OF CARLSBAD STATE OF CALIFORNIA I • I, LORRAINE M. WOOD, CITY CLERK of the CITY OF CARLSBAD, CALIFORNIA do hereby certify that the foregoing Assessment, together with I the Diagram attached thereto, was approved and confirmed by the City Council of said City on the day of 200 I CITY CLERK I CITY OF CARLSBAD STATE OF CALIFORNIA I ' I, GLENN PRUIM, Superintendent of Streets / City Engineer of the CITY OF CARLSBAD, CALIFORNIA do hereby certify that the foregoing Assessment, together with the Diagram attached thereto, was filed in my office on the I day of SUPERINTENDENT OF STREETS /CITY ENGINEER ' CITY OF CARLSBAD STATE OF CALIFORNIA I Prepared by Galen N. Peterson March 29, 2004 I I ri I I I I I Li I Li I I I I I I I EXHIBIT 3 I I REVISED SPREAD AMENDING ASSESSMENTS ASSESSMENT DISTRICT 2002-01 (POINSETTIA LANE EAST) I BRESSI RANCH; LLA 06-10 CITY OF CARLSBAD SAN DIEGO COUNTY I PREVIOUS ASSESSMENTS ASSESSMENT ASSESSOR'S PARCEL I NO. PARCEL NO. DESCRIPTION 3-19 213-261-10 LOT 19 3-20 213-261-11 LOT 20 I 3-21 213-261-12 LOT 21 3-22 213-261-13 LOT 22 DATE November 13, 2007 PARCEL ASSESSMENT OWNER OF CREAGE AMOUNT RECORD 2.200 $130,564.59 BRESSI OCEAN COLLECTION, LLC 1:940 $115,053.73 BRESSI OCEAN COLLECTION, LLC 1.620 $96,036.59 BRESSI OCEAN COLLECTION, LLC 1.900 $113,152.02 BRESSI OCEAN COLLECTION, LLC TOTAL 7.660 $454,806.93 I TOTALS 7.652 Total Assessments $454,806.93 Total Assessed Acreage 7.6520 I Assessment Amt./Acre $59,436.35 Per the Engineer's Report, this spread of assessments is based on acreage. I I I I I I I I $454,806.93 Page 1 of 1 11 I I I I I I I- L I I I LI I EXHIBIT 4 I - - !" - - - - - - - - r ' -' -, - SAN DIEM CWWTY ASSSSC.O'S MAP 09 1 213-26 s j SHT2OF4 1 200' 1 T LOOKER 3/23/2007 RG T RD 5506 NO AMIS R~ml '59 ita P-264 X95 za 15 0 14 6.93 AC 3.53 AC 2ai 2.6.46 4.49 AC 99 I- NO ACCESS 02 J9 1.90 AC 1.62 AC 2- 40—FOOT ACCESS CAMPBELL PL 14Y fA F— SLATER PL > ~42 14846 46. jmo 1.54 AC 17 N4,41 za 41 1.66 AC 2* No c= N89w'2.5 HO ACLT55 GATEWAY RD 10 - - 1 ( 3.78 AC 52 ul iR4e (( I sf MAP 14960 — CARLSBAD TCT CI 02-15 S S I LII E I I I I I I I I I I E I I EXHIBIT 5 I RECORDING REQUESTED BY: 6812 LANDAMERICA COMMERICAL SERVICES 1t I DOC# 2007-0618922 IIII III II1 1111111111 IIII 11111 IllI IlII 11(11 IIlI 1(111 III II SEP 21, 2007 2:24 PM RECORDING REQUESTED BY: City of Carlsbad Development Services Division WHEN RECORDED, MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Dr. Carlsbad, CA 92008 OFFICIAL RECORDS AN DIEGO COUNTY RECORDERS OFFICE 13RE00RJ S1,111 H, COUNTY RECORDER FEES: 20.00 PAGES: 5 lllI Hill Hill 111111111111 Hill Rill liii VIII Rill 1111 VIII gill Ill III _______________ SPACE) 2007-0618922 ASSESSOR'S PARCEL NO.:213-261-10-00. 213-261-11-00, 213-261-12-00, 213-261-13-00 - PROJECT NO.: ADJ 06-10 CE 070091 PROJECT NAME:Bressi Ocean Collection Lots 19-22 LOT/PARCEL: A CERTIFICATE OF COMPLIANCE FOR ADJUSTMENT PLAT (Section 66412(d) of the Government Code) NOTICE IS HEREBY GIVEN that pursuant to Government Code Section 66412(d) and to the provisions of the Carlsbad Municipal Code, and upon application of the undersigned owner(s) of record, the following lot line adjustment is hereby approved by the City of Carlsbad by its City Engineer. OWNER(S): Bressi Ocean Collection, LLC, a California limited liability company DESCRIPTION: (See Exhibit "A" attached. Exhibit "B" is attached for clarity only.) NOTE: The description in Exhibit "A" attached has been provided by the owner of the property and neither the City of Carlsbad nor any of its officers or employees assume responsibility for the accuracy of said description. This Certificate of Compliance shall have no force and effect unless deeds reflecting the new boundaries are recorded pursuant to Government Code Section 66412(d). This Certificate of Compliance shall in no way affect the requirements of any other County, State, or Federal agency that regulates development of real property. Date:—W/ /0 I Robert T. Johnson, Jr., Acting City Engineer RCE 28515, Exp. 03/31/2008 BY: David A. Hauser, Deputy City Engineer RCE 33081 Exp. 06/30/2008 Doe ER-01 -06 06/20/2007 17 I ir State of California ) County of San Diego ) On August 1, 2007, before me, Belinda R. Guzman, Notary Public, personally appeared David Hauser personally known me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or entity upon behalf of which the person acted, executed the instrument. I I I I I I I I I I I 1 I I I WITNESS my hand and official seal 11~~k Signature of Notary BEUNDA J Commlsslon# 1565177 1 Notary Public - California San Diego Counly - j OlMyCorryn. Expires Mar 31. 2004 (This area for official notary seal) EXHIBIT "A" 6814 LEGAL DESCRIPTION FOR PARCEL A ADJ 06-10 LOTS 19 THROUGH 22 INCLUSIVE OF BRESSI RANCH, CARLSBAD TRACT 02-15, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 14960, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY FEBRUARY 4, 2005. CONTAINS 7.652 ACRES, MORE OR LESS I I I I I I I I j I I I O7/O/o7 RO LD E. ROTH, PLS 5506 ' DATE: (MY LICENSE EXPIRES ON 09-30-08) LAND EXPIRES 9-30-0J * *\ No. 5506 1 4OF CP' I I I I I I 1 V 6815 — — - — — — A 1 N \ EL F1J(RTE I rp9 \ STREET—I I px CATEW4YRAO MO V?RGVI WA Y BtIL AY &ARD I S TA LA COS L VNTY W NO SCALE BRESSI OCEAN CC(LECJ7CW, LLC A CALIF(JNIA LIMITED LIABILITY CCVIPANY 7280 BISON AVE., 89-609 NEPPORT BEACH, CA 92660 PHONE. 714-567-9260 BY: URBAN INYESTMENT FUND, LLC A CALIFORNIA LIMITED LIABILITY CCJPANY ITS MANAGING MEMBER BY: RANCHO PACIFIC PROPERTIES. INC. OBA UR64N+YEST#STRATEGES ITS MZANAGlNG DAVID A. !NZO PRESIDENT TRUSTEE STATEMENT: CCVIUCbVP(AL Thi LAND TITLE CCVIPANY AS IJLY 24 2006 AS INSTRUMENT NO. 2006-0536072 OF (AT7C7AL RECORDS BASIS OF BEARINGS FOR. THIS PLAT IS MAP NO. 14960. BY: VA 1E 7- Z - LEGAL DESCRIP11(14. 11flL ijfs,pfr4,r LOTS 19, 20, 21 AND 22 OF CARL58AO TRACT PRINT NAME: 02-15 (BRESSI RANCH). IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF LE(NO: CALIFORNIA, ACCORDING TO MAP THEREOF NO. EXiSTiNG LOT LINES 14960 FILED IN THE (F10E OF lilt COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 4, - - - EXISTING LOT LINES 2005. BEING REMOVED RESTRICTED 51GIT CORRIDOR EASEMENT AS SI10MV ON MAP Na 14960 NEW LOT LINE 701 9 STREET, SiR It AM PROECT OESJQV COfVSLL TANJ'5ij ENQNEER OF WRK- SAN DIEGO CA 92101 ® PRIVATE LANDSCAPE MAINTENANCE EASE- (619) 235-6471 cc MENT AS SIIOISPI CW MAP NO. 14960 CL EXPM (,) GENERAL UTWTY AND ACCESS EASE- MENT GRANTED ON MAP Na 74960 ® EXISTING EASEMENT ff4 FAVOR OF £0.G.&E. PER 000. 1 2005-0294004 REC. APRIL 71, 2005 RONALD E. ROTH L.S. 5506 () EXISTING EASEMENT IN FAO? OF SO G.&E. MY LICENSE EXPIRES 9-30-08 PER 000. #2005-0294021 REC. APRIL 71, 2005 ADJJS TAW T PEA T-CITY OF CARLSBAD m am .. -I RCE 28515 RANOIO P4?C ( 7 rwT4sCINRACTINc CITY (Nc4,.ffR o-i,, Ice 3902' S A.P.N. 273-261-10 273-261-17 273-261-12 213-261-13 P \337OM G\PLAT$3.S1O W4 Lois 19-22dwq May* 27 I I I I III I I 1 II PIP 06-jO AOJ06-1O ET1 fF2 213-261-11 4=9072'50 I R=25.00 L=39.36' 26a 41 N89'J0'25W 562.81' 6' GATEWAY ROAD P/p 06-10 ADd 06-10 I AOJJSTMENT PLA T-C1TY OF CARL S8AO SAW 2 OF 2 WR%( DELTA RADIUS LENGTH Cl 78'43'4r 90.00' 29.42* C2 cc 18*43'47 90.00' 29.42' CJ 21777'34 60.00' 227.72' EXHIBIT"B GRAPHIC SCALE' 100 0 50 100 200 ii 0213 (IN FEET) l=lOOft. I 581-90'I I I N LOT 23 C , r) r r \ r TRA CT A -r' - LIj—rL.JDr\L) JrL,-LiJ Li EAST 285.44' -"-_ 296.46 ' N33150139 WE MAP IN D, 14960 EXISTING I,.. LOT 22 L0TUNE LOT 2 I I.- 1-' 213-261-13 4=4412'49 213-261-12 I L=4630' -89'43'15 ó=64'30'58 A N7116'lJ'W (Th I PARCEL A L=6Z56V /f_EAS T A Z652 ACRES '6'cIATcD- 749.08' !Tk LOT LWE EYING 25. 4--4412#480 L=39.39' L01 19 LOT 20 Ii ( 273-261-10 1 APPECmT: APPROI€'D 8,) ,,/ d 3.61( W- 6#4 213-261-10 RANO*) PACIFiC 'c,4,?' 213-261-11 RPRM1 INC ROGERT T OINSOV, A. ACTiNG CITY E?IQNEER. 213-261-12 7280 &$ AIf 89-609 ROE 28515 213-261-13 Afw'oer E44 C4 926O REQSTRA 1kw EXPIRES MARCH 31, 2008 P \J37O\M6#Pfr4C\PM1\JJ7O LLA Lots 19-22dsvg ha, 01. 2fK7 I I LII I I I I I I I I I I I I E I [1 EXHIBIT 6 I PREVIOUS ASSESSMENTS ASSESSMENT NO. ASSESSORS PARCEL NO. PARCEL ACREAGE PARCEL DESCRIPTION 3-19 213-261-10 2.200 TRMAP 14960, LOT 19 3-20 213-261-11 1.940 IRMA? 14960, LOT 2O 3-21 213-261-12 1.620 'TR MAP 1496O, LOT 21 3-22 213-261-13 1.900 IRMAP 14960, LOT22 AMENDED ASSESSMENTS ASSESSMENT I ASSESSORS I PARCEL PARCEL NO. PARCEL NO. ACREAGE I DESCRIPTION 3-19-22-1 UNASSIGNED 1 7.652 1 LLAO6-10, PARCEL - - - - - - - - - - - - - - - - AMENDED ASSESSMENT DIAGRAM OF ASSESSMENT DISTRICT NO. 2002-01 (POINSETTIA LANE EAST) CITY OF CARLSBAD COUNTY OF SAN DIEGO STATE OF CALIFORNIA AMENDING ASSESSMENT NUMBERS 3-19,3-20,3-21 AND 3-22 SHEET 1 OF I CITY CLERKS CERTIFICATE FILED IN THE OFFICE OF THE CITY CLERK OF THE CITY OF CARLSBAD, THIS DAY OF 200. CITY CLERK CITY OF CARLSBAD VICINITY MAP - N.T.S. RECORDED IN THE OFFICE OF THE SUPERINTENDENT OF STREETS, CITY OF CARLSBAD, THIS DAY OF .200 GATEWAY RD LEGEND MuniFinancia1 W APPORTIONMENT BOUNDARY 08 ASSESSMENT NUMBER 3208094.10 NOVEMBER 2007 NOT TO SCALE PREVIOUS ASSESSMENT NUMBER SUPERINTENDENT OF STREETS CITY OF CARLSBAD THIS AMENDED ASSESSMENT DIAGRAM AMENDS THE ASSESSMENT DIAGRAM OF ASSESSMENT DISTRICT NO. 2002-El, CITY OF CARLSBAD, COUNTY OF SAN DIEGO. STATE OF CALIFORNIA. PRIOR RECORDED THE 5TH DAY OF MAY, 2004, IN BOOK 38 OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS AT PAGE 37, IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF SAN DIEGO. STATE OF CALIFORNIA. FILED THIS DAY OF .200_,AT THE HOUR OF O'CLOCK_ .M., IN BOOK -OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS AT PAGE(S) AT THE REQUEST OF THE CITY OF CARLSBAD IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. FEE: INSTRUMENT. NO.: GREGORY J. SMITH, COUNTY RECORDER BY DEPUTY, COUNTY RECORDER COUNTY OF SAN DIEGO NOTE: FOR PARTICULARS OF THE LINES AND DIMENSIONS OF ASSESSOR'S PARCELS. REFERENCE IS MADE TO THE MAPS OF THE SAN DEIGO COUNTY ASSESSOR OF SAN DIEGO COUNTY RECORDS WHICH MAPS SHALL GOVERN FOR ALL DETAILS RELATING THERETO. REFERENCE: LOT LINE ADJUSTMENT 08-10 DOCUMENT NUMBER: 2007-0818922 I I I Ii I I I I I I I I I I EXHIBIT 7 I CERTIFIED MAIL Dated: November 13, 2007 I Stone and Youngberg Attn: Bill Huck 4350 La Jolla Village Drive, Suite 140 San Diego, CA 92122 I I NOTICE To BOND HOLDER DIVISION OF LAND AND ASSESSMENT I NOTICE IS HEREBY GIVEN to you as the original purchaser of the bonds issued by the City of Carlsbad to represent the unpaid assessments relating to the construction of certain public improvements in an assessment district known and designated as: Assessment District Of 2002-01 (Poinsettia Lane East). Said ' bonds were issued pursuant to the terms and provisions of the "Improvement Bond Act of 1915", Division 10 of the Streets and Highways Code of the State of California. I NOTICE IS HEREBY GIVEN that an apportionment has been made by the property owner of an assessment relating to the assessments and parcels as indicated by the enclosed report. I NOTICE IS HEREBY GIVEN that unless a request for a public hearing is received within fourteen (14) days from the date of this Notice, the above-apportioned assessments shall be recorded in the manner and form as required by law. If you have any further questions, please contact the undersigned at the Office of I the Director of Public Works/City Engineer at the following address: Mr. Marshall Plantz Jenifer Storsteen Senior Civil Engineer MuniFinancial ' City of Carlsbad 27368 Via Industria, Suite 110 1635 Faraday Avenue Temecula, CA 92590 Carlsbad, CA 92008 (951) 587-3500 This procedure is pursuant to the provisions of Part 10.5 of Division 10 of the Streets and Highways Code of I the State of California and the "Improvement Bond Act of 1915". MuniFinancial On behalf of the City of Carlsbad I I Jenifer Storsteen, Analyst District Administration Services I I I I n H I I I I I I I I I I I I H I I EXHIBIT 8 I RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 NOTICE OF AMENDED ASSESSMENT CITY OF CARLSBAD ASSESSMENT DISTRICT NO. 2002-01 (POINSETTIA LANE EAST) AMENDING ASSESSMENT NOS. 3-19,3-20,3-21 AND 3-22 (LOT LINE ADJUSTMENT 06-10) Pursuant to the requirements of Section 3114 of the Streets and Highways Code of California, the undersigned City Clerk of the City of Carlsbad, County of San Diego, State of California, hereby gives notice that an amended assessment diagram and assessment were recorded in the office of the Superintendent of Streets of the City of Carlsbad, as provided for in said Section, and relating to the real property more particularly described on that certain amended assessment diagram filed in accordance with said Section on 200_ in Book of Maps of Assessment and Community Facilities Districts at Page in the office of the Recorder of the County of San Diego. Said amended assessment diagram amends the assessment diagram "Assessment District Of 2002-01 (Poinsettia Lane East)" filed the 5th day of May, 2004 in the office of said County Recorder in Book 38, Page 37 of Maps of Assessment and Community Facilities Districts. Reference is made to the amended assessment diagram and assessment roll recorded in the office of said D irector of Public Works (Superintendent of Streets) of the Carlsbad for the amount of each of the amended assessments. I Exhibit "A" hereto attached, and by this reference incorporated herein, shows the parcels subject to the amended assessments. DATED: 200 City Clerk City of Carlsbad County of San Diego State of California I I I I LI I I I I I I I I I EXHIBIT A AMENDED ASSESSMENT ROLL ASSESSMENT DISTRICT 2002-01 (POINSETTIA LANE EAST) BRESSI RANCH; LLA 06-10 DATE CITY OF CARLSBAD November 13, 2007 SAN DIEGO COUNTY PREVIOUS ASSESSMENTS ASSESSMENT NO. ASSESSORS PARCEL NO. PARCEL DESCRIPTION PARCEL ACREAGE OWNER OF RECORD 3-19 3-20 3-21 3-22 213-261-10 213-261-11 213-261-12 213-261-13 LOT 19 LOT 20 LOT 21 LOT 22 2.200 1.940 1.620 1.900 BRESSI OCEAN COLLECTION, LLC BRESSI OCEAN COLLECTION, LLC BRESSI OCEAN COLLECTION, LLC BRESSI OCEAN COLLECTION, LLC AMENDED ASSESSMENTS ASSESSMENT NO. ASSESSOR'S PARCEL NO. PARCEL DESCRIPTION PARCEL ACREAGE OWNER OF RECORD 3-19-22-1 UNASSIGNED LLA 06-10, PARCEL A 7.652 BRESSI OCEAN COLLECTION, LLC p:\carlsbad\3208094-10\Exhibit A Page 1 of 1 CITY OF CARLSBAD APPORTIONMENT AND AMENDED ASSESSMENT REPORT ASSESSMENT DISTRICT No. 2002-01, (POINSETTIA LANE EAST) AMENDING ASSESSMENT NUMBERS 3-17 AND 3-18 LOT LINE ADJUSTMENT 06-09 NOVEMBER 2007 I I I Ii] I Corporate Office: 27368 Via Industria Suite 110 Temecula, CA 92590 Tel: (951) 587-3500 Tel: (800) 755-MUNI (6864) Fax: (951) 587-3510 MuniFinancial Regional Office Locations: Lancaster, CA Phoenix, AZ Oakland, CA Orlando, FL Sacramento, CA Seattle, WA Memphis, TN www.muni.com I I TABLE OF CONTENTS APPLICATION FOR APPORTIONMENT..................................................EXHIBIT I METHOD OF SPREAD.............................................................................EXHIBIT 2 REVISED SPREAD AMENDING ASSESSMENT.....................................EXHIBIT 3 NEW ASSESSOR'S PARCEL MAP .........................................................EXHIBIT 4 LOT LINE ADJUSTMENT 06-09 ..............................................................EXHIBIT 5 AMENDED ASSESSMENT DIAGRAM.....................................................EXHIBIT 6 NOTICE TO BONDHOLDER....................................................................EXHIBIT 7 NOTICE OF AMENDED ASSESSMENT ..................................................EXHIBIT 8 I I I I I I I I I I EXHIBIT I I FIJ;1i1456b9 P.2 CITY OF CARLSBAD I APPLICATION FOR ASSESSMENT APPORTIONMENT Please complete the application in run. Refer to the attached instructions for assistance. Return completed form to CITY Of CARLSBAD Development Services Engineering Counter 1635 Faraday Avenue Caribsad, CA 92008 Ocean ecI-onU- Phone Mirnber 1TL23O JtC.,OYi AVE. evvo' - ceac\ mønt DIs!p Name and Number \ cc•E cI 111 Call the NDS Government Finance Group at (800) 676-7516 for District and/or Project Information Original APNII) Legal Description i Original AesesemantAmowit(s) Ot4(pQ Les LAOS. 59 Purpose (Please check one): Subdivision Map No.: Parcel map No.; % Lot Line Adjuetinent No.., Parcel Map Waiver Number of new parcels: Fee Schedule Tract Map Apportionment (5 or more parcels) per Chapter 2, Section 88428 of the Subdivision Map Act- (Sees the Fee Schedule attached) Parcel Map Apportionment (4 or lose parcels) per Chapter 2, Section 85428 of the Subdlvi&un Mop Act: (Seethe Fee Schauie attached) I 1 I I I The undersigned, being the owner or interested party In property as set forth below, hereby requests the City of Caribead to apportion the amount remaining Unpaid on the above assessnient(s} in accotdance with the provisions of Part 10.8 of the lrnprovomon1 Bend Act of 1915" or Part 5. Chapter 5.5 of the lrnpravomunl Act of 1811 ." end said .assessment is to be apportioned to each separate pail of the original lot or parcel of land, the apporlionate part of the amount remaining unpaid on the aseesment that would have been levied thereon had the lot or parcel been co thviddetthe timeof the o nul.confirrnalionqf iaamtnt 2 Signature Dale IMPORTANT. TWO COPIES OF THE FINAL MAP OR ADJUSTMENT FLAT Ir a 28" RLIJELINE & it 112 11" REDUCTION) MUST BE PROVIDED TO BE USED AS THE BASIS FOR THE AMENDED ASSESSMENT DIAGRAM. H:/OVELOPMEN1' RVICEStA$TERSfOM8,AP PLICAONS/PL1CATION FOR ASSESSMENT APPORTIONMENT (In Exca) REVISED 3/0 I I I I 11, EXHIBIT 2 I I City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) - Page 10 Wm I EXHIBIT A METHOD AND FORMULA OF ASSESSMENT SPREAD Since the improvements are to be funded by the levying of assess m e n t s , t h e Assessment Law requires that assessments be based on the s p e c i a l b e n e f i t t h a t the properties receive from the improvements. In addition, the Asse s s m e n t L a w provides that a parcel's assessment may not exceed the reasonable c o s t o f t h e proportional special benefit conferred on that parcel. Further, o n l y s p e c i a l benefits are assessable and the local agency levying the assessm e n t m u s t separate the general benefits from the special benefits. All publicl y o w n e d property must be assessed if it specially benefits from the impro v e m e n t s . The Assessment Law does not specify the method or formul a t h a t s h o u l d b e used to apportion the costs to properties in any special assess m e n t d i s t r i c t proceedings. The responsibility for recommending an apportionm e n t o f t h e c o s t s t o properties, which specially benefit from the improvements rests with t h e Assessment Engineer, who is appointed for the purpose of maki n g a n a n a l y s i s o f the facts and determining the correct apportionment of the asses s m e n t o b l i g a t i o n . In order to apportion the assessments to each parcel in direct pr o p o r t i o n w i t h t h e special benefit which it will receive from the improvements, an in- d e p t h a n a l y s i s has been completed and is used as the basis for apportioning costs t o e a c h property within the Assessment District as explained below. Based upon an analysis of the special benefit to be received by ea c h p a r c e l from the improvements, the Assessment Engineer recommends th e apportionment of costs as outlined herein. The final authority and actio n r e s t s w i t h the City Council after hearing all testimony and evidence presente d a t a p u b l i c hearing, and the tabulation of the assessment ballots previously m a i l e d t o a l l r e c o r d owners of property within the Assessment District. Upon the conclusio n o f t h e p u b l i c hearing, the City Council must make the final determination whether o r n o t t h e assessment spread has been made in direct proportion to the s p e c i a l b e n e f i t s to be received by each parcel within the Assessment District. Assessm e n t b a l l o t tabulation will be finalized at that time and, if a majority of the assess m e n t b a l l o t s received prior to the close of the public hearing weighted by assess m e n t a m o u n t are not opposed to the levy of the assessments, then the City Co u n c i l m a y c o n f i r m the levy of the assessments. The following sections define and explain the special benefits an d g e n e r a l benefits, and set forth the methodology used to apportion the costs of t h e improvements providing special benefits to each parcel, and confir m t h a t t h e assessments are reasonable and justified. The Method of Apportionment The Assessment District improvements have been assigned into six be n e f i t components; roadway, potable water, recycled water, sewer, dry u t i l i t i e s a n d Prepared by Galen N. Peterson March 29, 2004 10 El 'I City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 11 incidental expenses. Roadway improvement costs are spread on vehicle average I daily trip (AOl) generation. Potable water, sewer and dry utility costs are spread on an equivalent dwelling unit (EDU) basis. Recycled water costs are spread to the roadway and specific parcels based on the amount of recycled water used for ' the irrigation, of each roadway and specific parcel. The incidental expenses have been based on either the actual cost to each component of the improvements or if the incidental costs apply to all such components then to the prorated construction I cost of each such component. Because some of the assessor parcel boundaries do not coincide with the Village I Planning Areas or Neighborhoods, some initial assessments will be placed in aggregate on multiple assessor parcels until final maps are recorded and the new assessor parcels coincide with the Village Planning Areas or Neighborhoods as applicable. The procedure of identifying and apportioning special benefit to the land uses and parcels has been organized as follows: A. Identification of Benefit Components A-I Backbone Roadway Improvement Components A-2 Backbone Potable Water and Sewer Improvement Components A-3 Backbone Recycled Water Improvement Components I A-4 Backbone Dry Utilities Improvement Components A-5 Incidental Expenses Components B. Special Benefits C. General Benefits D. Proportioning Special Benefits D-I Land Use Categories D-2 Proportionate Special Benefit of Roadway Improvements I D-3 Proportionate Special Benefit of Utility Improvements I 0-4 Proportioning Formation, Issuance and Financing Costs 1. I Prepared by Galen N. Peterson March 29, 2004 City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 12 I E. Proclamations E-1 Assessments Equal to or Less Than the Proportional Special Be n e f i t s I E-2 Reasonableness and Justification of Assessments E-3 Future Apportionment A. IDENTIFICATION OF BENEFIT COMPONENTS I The improvements to be acquired or constructed by the City from the pro c e e d s o f bonds issued for each benefit area of the Assessment District are necessar y f o r development of the Assessment District parcels and are required by t h e V i l l a g e s o f I La Costa (The Greens) and by the Bressi Ranch Master Plans and t h e conditions of development as set forth in the land use entitlements ap p r o v e d by the City for each benefit area. Without the improvements, the p a r c e l s w i t h i n I the Assessment District cannot be developed to their planned ultimate u s e s pursuant to such land use entitlements. It is unfeasible and impractical for the parcels to be utilized to their highe s t a n d b e s t I use without the backbone roadways and utilities that will be funded by th e Assessment District. A-I Backbone Roadway Improvement Components The foremost purpose of the Assessment District is to provide financing f o r t h e I backbone road access so the Assessment District parcels can be developed. The most significant and costly improvement is the work associated with the road construction. The road construction has created t h e I need to relocate sewer mains and utilities, re-establish habitat areas, and install landscaping to protect the roadway slopes. The road constructi o n h a s also created the need to construct storm drains to protect the roadwa y a n d t o I relocate other facilities and provide mitigation areas that would not hav e otherwise been necessary if the road was not constructed. The road an d I associated costs have been placed into one roadway improvement compon e n t for the purpose of defining the roadway costs and apportioning special bene f i t . I A percentage of the cost of the backbone recycled water distribution syste m has been spread in the same manner as the roadway expenses. This por t i o n of the recycled water system improvements will provide an irrigation wat e r 1 system for the roadway landscaping. The roadway improvement component includes: Poinsettia Lane, El F u e r t e , E l Camino Real, relocation of utilities, establishment of habitat mitig a t i o n areas, and a portion of the recycled water system to serve the roadwa y , landscaping I Prepared by Galen N. Peterson March 29, 2004 City of Carlsbad —Assessment District No. 2002-01 (Poinsettia L a n e E a s t ) Page 13 I,. I A-2 Backbone Potable Water and Sewer Improvement Co m p o n e n t s Coincidental to the roadway improvements is the necessity t o c o n s t r u c t c e r t a i n backbone utility improvements within the roadway right of w a y c o n c u r r e n t l y I with construction of the roadway improvements. These impro v e m e n t s c o n f e r a different special benefit to the properties than the special benefit c o n f e r r e d b y the roadway improvements. Therefore potable water and sewer ( o t h e r t h a n I relocated facilities for the roadway costs) have been separated i n t o w e t u t i l i t y components for purposes of defining special benefits and all o c a t i n g t h e c o s t s I of such components. A-3 Backbone Recycled Water Improvement Component s I Coincidental to the roadway improvements is the necessity to con s t r u c t c e r t a i n backbone recycled water improvements within the roadway right o f w a y concurrently with construction of the roadway improvements. A p e r c e n t a g e o f I these improvements confer a different special benefit to the pr o p e r t i e s t h a n the special benefit conferred by the roadway improvements bas e d o n w h e r e the recycled water will be used. The recycled water facilities hav e b e e n I separated into a separate component for purposes of defining s p e c i a l b e n e f i t s and allocating the costs of such components. I A-4 Backbone Dry Utilities Improvement Components Coincidental to the roadway improvements is the necessity to c o n s t r u c t c e r t a i n I backbone dry utility improvements within the roadway right of w a y c o n c u r r e n t l y with construction of the roadway improvements. These improv e m e n t s c o n f e r a different special benefit to the properties than the special benef i t c o n f e r r e d b y I the roadway improvements. Therefore the dry utilities have be e n s e p a r a t e d into a separate component for purposes of defining special be n e f i t s a n d allocating the costs of such components. I A -5 Incidental Expense Components I In addition to the improvement costs, there are incidental constr u c t i o n administration and Assessment District formation expenses. T h e s e c o s t s include, but are not limited to: construction administration, con s t r u c t i o n I supervision, design, testing, surveying, assessment engineerin g , a u d i t o f acquisition costs, financial advisors, appraisals, bond counsel, un d e r w r i t i n g , official statement printing, financing cost and establishment of a b o n d r e s e r v e I I fund. The costs of the formation of the Assessment District, inc l u d i n g t h e c o s t s - of issuance, have been determined to be eligible for inclusion an d a r e included in the Assessment District incidental costs. Some of thes e c o s t s c a n be assigned directly to one of the benefit components as sho w n i n A p p e n d i x - "E". Other costs that cannot be assigned directly to one of the be n e f i t I Prepared by Galen N. Peterson March 29, 2004 City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 14 components have been prorated to each assessment number in accordance I with that assessment number's share of the construction cost. SPECIAL BENEFITS I The purpose of this Assessment District is to fund the construction and acquisition of public improvements required to serve the Assessment District parcels. Special benefit is received by each parcel within the boundaries of the I Assessment District from new roadway access and the availability of utility services that are required and necessary for the properties to develop to their h i g h e s t I entitlements. and best use in accordance with and as permitted by the approved land use The improvements to be constructed and/or acquired by the District accommodate the planned development within the Assessment District area i n accordance with the approved land use entitlements. The Villages of La Costa ( T h e I Greens) and the Bressi Ranch Specific Plan environmental documents and t h e Tentative Map identify the need for access and utilities, and place conditio n s upon the parcels within the Assessment District to provide those improve m e n t s . I The Assessment District Improvements satisfy the conditions of development b y providing access and backbone utilities so the projects can support their plan n e d uses. Without the improvements, the parcels within the Assessment District coul d be developed to their planned and conditionally approved uses. I not The special benefit conferred on the parcels within the Assessment District fro m I the proposed improvements include: increased development potential, relief f r o m access constraints, improved accessibility to utilities, fulfillment of developm e n t conditions and ensured investment returns. The special benefit to each par c e l i s I such that the parcels will be allowed to gain access to a public street networ k a n d have water, sewer, recycled water and dry utilities- readily available, thereby allowi n g them to develop to their highest potential. Special benefit accrues to each parcel to be subdivided and served b y t h e improvements to be constructed. Since some of the areas within the Assessme n t District have not been subdivided into individual lots at this time, t h e assessments will be placed in aggregate on one or more existing assess o r parcels and apportionment of the assessments will take place as final maps rec o r d . GENERAL BENEFITS I Some public improvements will confer general benefit to properties or the public a t large outside the Assessment District. In making an analysis, a review was conducted of the surrounding areas. The review resulted in identifying general i benefits that accrued to properties outside the Assessment District. 1.10 I Prepared by Galen N. Peterson . March 29, 2004 City of Carlsbad -Assessment District No. 2002-01 (Poinsettia Lane East) Page 15 Poinsettia Lane is designated as a prime arterial roadway. Previously, Poinse t t i a Lane did not exist east of El Camino Real. Four lanes are proposed to be constructed. Two lanes are required to serve the estimated volume of traffic generated by the Assessment District parcels. Two center lanes (one in each direction) are required for through traffic originating outside of the Assessment District. The costs associated with the construction and placement of the asp h a l t and base for the two center lanes have been determined to be a general benefit and will not be assessed to parcels within the Assessment District. El Fuerte Street is designated as a secondary arterial roadway and will be constructed from Palomar Airport Road south to connect to the existing terminus of El Fuerte Street at the southerly boundary of Bressi Ranch. Four lanes are proposed to be constructed. Two lanes are required to serve the estimate d volume of traffic generated by the Assessment District parcels. Two center lanes (one in each direction) are required for through traffic originating outside of the Assessment District. The costs associated with the construction and placement of the asphalt and base for the two center lanes have been determined to be a general benefit and will not be assessed to parcels within the Assessment District. Based on the estimated roadway construction costs, the cost of the roadw a y base and asphalt pavement to provide the two center lanes for both Poinsettia Lane and El Fuerte Street is approximately $968,360. The grading beneath the two center lanes of each roadway benefits the Assessment District because it provides lateral support to the Assessment District paved lanes. This grading can not be eliminated from the overall roadway grading without constructing retaining walls that would unreasonably increase the Assessmen t District cost. Therefore all of the Poinsettia Lane and El Fuerte Street grading provides special benefit to the Assessment District Properties. D. PROPORTIONING SPECIAL BENEFITS 1) Li I I I I D-1 Land Use Categories The following land use categories are included in the Assessment District: planned industrial, business park, community retail, office, single-family detached and single-family attached residential, apartments (affordable housing), assisted living, daycare center, boys and girls club, church, school, home owners association recreation areas, park and open space. I Except for the irrigated areas in Assessment Numbers 17 and 39 (Village Green OS-2 and open space lot 34), the non-active and undeveloped open space areas do not receive special benefit from the works of improvements and will not be assessed. Open space areas are those areas that are deeded or perpetually designated in easements. I Prepared by Galen N. Peterson March 29, 2004 City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 16 D-2 Proportionate Special Benefit of Roadway Improvements I Trip Generation Factors for Roadway Improvements I The use of and need for roadway improvements is a function of the number of vehicle trips per day generated by the use of the "land served by the streets. Traffic engineers have developed traffic ' generation factors, which are related to development density and type of land use. Therefore, trip generation is an appropriate basis for apportioning roadway improvements and related costs among the I specially benefited parcels. The trip generation factors will be estimated from the July 1998, SANDAG Trip Generation Manual and weighted as explained below. I SANDAG categorizes trips as primary, diverted and pass-by. This analysis uses only the primary trip percentages for the non-residential I land use categories to avoid double counting of the residential trips. Single Family Detached Trip Generation I The Average Daily Trips (ADT) per detached single-family dwelling is 10 ADT. The Assessment District single-family dwelling product types are similar to the SANDAG study areas. Single Family Attached Trip Generation The Average Daily Trips per attached dwelling unit or for a condominium unit is 8 ADT. Affordable Housing (Bressi Ranch) Trip Generation I The Average Daily Trips for each affordable housing unit, based on the formula in footnote R of the 1998 SANDAG Trip Generation Manual, is 6.4ADT (-2.169 Ln(100 units/5.13 ac) + 12.85). I Apartment Affordable Housing (Greens) Trip Generation The Average Daily Trips for each affordable housing unit, based on the 1998 SANDAG Trip Generation Manual for apartments, is 6 ADT. Assisted Living Trip Generation I The Average Daily Trips for each assisted living room, based on 1998 SANDAG Trip Generation Manual for congregate care facility, is 2 ADT. I Industrial Trip Generation The Average Daily Trips for industrial park is 80 ADT per net acre. The primary trip percentage for industrial park is 79%. I Prepared by Galen N. Peterson March 29, 2004 City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 17 Community Retail Trip Generation I The Average Daily Trips for commercial shops - specialty retail/strip commercial is 40 ADT per 1,000 square feet. The primary trip percentage for this land use is 45%. I Office Trip Generation The Average Daily Trips for corporate headquarters office is 7 ADT per ' 1,000 square feet. The primary trip percentage for this land use is 82%. School Trip Generation I The Average Daily Trips for an elementary school is 60 ADT per net acre. The primary trip percentage for an elementary school site is 57%. I Church Trip Generation The Average Daily Trips for a church is 30 ADT per net acre. The primary trip percentage for a church site is 64%. $ Day Care Trip Generation The Average Daily Trips rates for day care use is 80 ADT per 1,000 I square feet. The Floor Area Ratio for the day care sites is estimated at 0.1 of building per net land area. Therefore, the 80 ADT per 1,000 square feet is equivalent to approximately 348 ADT per net acre (80 I -.times 43,560/1,000 times 0.1). The primary trip percentage for a day care is 28%. I Boys & Girls Club Trip Generation The Average Daily Trips for a multi-purpose recreational facility is 90 ADT per net acre. The primary trip percentage for this land use is 52%. I Home Owners Association Recreation Areas Trip Generation The Average Daily Trips generation for the home owner's association I (HOA) recreation areas, which is equivalent to a neighborhood park, is 5 ADT per net acre. In order to avoid double counting the residential trips, the primary trip percentage used for external trips is 25%. The I HOA lots 47, 48 and 49 within Benefit Area No. 2 were assigned 10, 2.8 and 1.9 ADT per site, respectively. The three HOA areas in Planning Areas 9, 10 and 12 and the Village Green area (OS-2).within Benefit ' Area No. I were assigned 13.9 ADT. The Village Square area in Planning Area 15 within Benefit Area No. 1 was assigned 2.5 ADT. I Park Trip Generation The Average Daily Trips generation for a regional park is 20 ADT pe r net acre. The primary trip percentage for a regional park is 66%. I Prepared by Galen N. Peterson March 29, 2004 I I Li J 1 Li I I L r-J I City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 18 Weighted Benefit by Land Use for Roadway Improvements The geographic concentration and placement of major land use s (residential, commercial retail and office, and industrial) within t h e Assessment District boundaries indicates that their impact on, h e n c e their special benefits from, the roadway improvements are no t u n i f o r m and should be weighted. The results of a study performed by Ur b a n Systems, Inc. shown at the end of Appendix "F" indicates that th e relative weighting for industrial and commercial land use compar e d t o residential land uses on each roadway improvements is as follo w s : Road Relative Benefit Industrial Commercial Residential andOther Poinsettia Lane 0.4 0.7 1.0 El Fuerte 0.2 0.8 1.0 El Camino Real 0.6 0.5 1.0 These weights were applied to the ADT generation factors dis c u s s e d above in order to arrive at an allocable share for each of the thre e roadway improvement costs. The costs for each of the roadway improvements were allocated only to the assessment numbers t h a t specially benefit from such roadway improvements as set forth b e l o w : Poinsettia Lane - Poinsettia Lane roadway costs specially benefit all assessment numbers in the Assessment District. Therefore, Poin s e t t i a L a n e roadway costs were allocated to all assessment numbers based o n t h e A D T generation factors and weighting applicable to Poinsettia Lane. El Fuerte - El Fuerte roadway costs specially benefit only assessment numbers 1 through 21. Therefore, El Fuerte roadway costs were a l l o c a t e d only to assessment numbers I through 21 based on the ADT gener a t i o n factors and weighting applicable to El Fuerte. El Camino Real (Bressi Ranch portion) - El Camino Real (Bressi Ranch portion) roadway costs specially benefit only assessment numbers 1 t h r o u g h 21. Therefore, El Camino Real (Bressi Ranch portion) roadway co s t s w e r e allocated only to assessment numbers 1 through 21 based on the A D T generation factors and weighting applicable to El Camino Real ( B r e s s i R a n c h portion). El Camino Real (Greens portion) - El Camino Real (Greens portion) roadway costs specially benefit only assessment numbers 22 throug h 3 9 . I Prepared by Galen N. Peterson March 29, 2004 Land Use Potable Water and Sewer Usage Single Family Detached 550 gallons / day Single Family Attached 250 gallons / day Non Residential 2,300 gallons / 10,000 SF /day LI I I 1 Ll I City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 19 Therefore, El Camino Real (Greens portion) roadway costs were all o c a t e d only to assessment numbers 22 through 39 based on the ADT gen e r a t i o n factors and weighting applicable to El Camino Real (Greens porti o n ) . D-3 Proportionate Special Benefit of Utility Improvements The most pertinent and reasonable utility improvement special b e n e f i t variable is average daily demand. The detached single family h o m e w i l l be the basic equivalence for measuring demand to other land u s e categories. Potable Water and Sewer ' Water and sewer demand was obtained from the 2002 update of t h e City of Carlsbad Water Master Plan. A summary of the wate r a n d sewer usage is shown below: I I A single family detached unit has been assigned an equivale n t d w e l l i n g unit (EDU) weight of 1.0 EDU. By converting the gallons per day to EDU we arrive at the following table: Land Use Potable Water and Sewer EDU Single Family Detached 1.0 EDU / Unit Single Family Attached 0.5 EDU I Unit Non Residential 4.2 EDU / 10,000 SF The City of Carlsbad Water Master Plan estimates water de m a n d f o r park as 2.5 acre-foot per acre per year. This translates to 2,23 0 g a l l o n s per acre per day (2.5 x 43,560 x 7.48/365). Potable water de m a n d f o r park is estimated as 10% of the demand for recycled water for irriga t i o n , resulting in 0.4 EDU per acre (0.1 x 2,230/550) of parkland. I Prepared by Galen N. Peterson March 29, 2004 City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 20 Homeowner association (HOA) lots water usage was estimated based o n the characteristics of the parcels and their expected land use. The HOA lots 47, 48 and 49 within Benefit Area No. 2 were assigned 2.41, 2.08 and 1.43 EDU per site, respectively. The three HOA areas in Planning Areas 9, 10 and 12 and the Village Green area (OS-2) within Benefit Area No. 1 were assigned 3.8 EDU. The Village Square area in Planning Area 15 within Benefit Area No. 1 was assigned 1.0 EDU. 1 The Assessment Diagram identifies two benefit zones for sewer improvements. Sewer Zone A includes all of the Assessment District parc e l s that benefit from the sewer improvements. Sewer Zone B includes the I remaining Assessment District parcels that do not benefit from the sewer improvements. I The water and sewer costs for new facilities (sewer relocation related to the construction of the road was allocated with the street costs) related I to each street segment were allocated only to the assessment numbers that specially benefit from such water and sewer costs as set forth below: 1 Poinsettia Lane Segment I - Poinsettia Lane Segment I water costs specially benefit only assessment numbers 22 through 39. Therefore, Poinsettia Lane Segment I water costs were allocated only to assessment 1 numbers 22 through 39 based on the applicable EDU factors. I Poinsettia Lane Segment 2— Poinsettia Lane Segment 2 water costs specially benefit only assessment numbers 1 through 21. Therefore, Poinsettia Lane Segment 2 water costs were allocated only to assessment I numbers I through 21 based on the applicable EDU factors. El Fuerte - El Fuerte water costs specially benefit only assessment numbers I I through 21. Therefore, El Fuerte water costs were allocated only to assessment numbers I through 21 based on the applicable EDU factors. I El Camino Real (Bressi Ranch portion) - El Camino Real (Bressi Ranch portion) water costs specially benefit only assessment numbers 1 through 21. Therefore, El Camino Real (Bressi Ranch portion) water costs were I allocated only to assessment numbers I through 21 based on the applicable EDU factors. I El Camino Real (Greens portion) - El Camino Real (Greens portion) water costs specially benefit only assessment numbers 22 through 39. Therefore, El Camino Real (Greens portion) water costs were allocated only to I assessment numbers 22 through 39 based on the applicable EDU factors. ii, I Prepared by Galen N. Peterson March 29, 2004 City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 21 Sewer costs benefit only assessment numbers in Sewer Zone A, as s h o w n on the Assessment Diagram. Therefore, sewer costs for each road segme n t were allocated to the respective assessment numbers that the water wa s allocated to, but only to parcels within Sewer Zone A based on the appli c a b l e EDU factors. There was no assessment for sewer costs to the assessment numbers in Sewer Zone B, as shown on the Assessment Diagram. Summary of Special Benefit Factors Road way_Improvements Utilities Land Use Category Primary Trip Adjusted ADT % Applied ADT EDUs Single Family 10/DU - 10/DU Detached Single Family 8/DU - 8/DU 0.5 / DU Attached Affordable Housing 6.4 / DU - 6.4 I DU 0.5 / DU (Bressi Ranch) Apartment (Affordable 6/DU - 6/ DU 0.5 / DU Housing) Assisted Living 2 / Room - 2 / Room 4.2 / 10ksf Industrial 80/AC 79% 63/AC 4.2/10ksf Community Retail 40/1,000 45% 18/19000 4.2/ l0ksf SF SF Office 711,000SF 82% 6/1,000SF 4.2l10ksf School 60/AC 57% 34/AC 4.2 / 10ksf Church 30/AC 64% 19/AC 4.2/ 10ksf Day Care 80/1,000 28% SF 97.4 / AC 4.2 / 10ksf Boys & Girls Club 90/AC 52% 47/AC 4.2 / 10k5f Homeowners 5/AC 25% 1.25 / AC 4.2 / 10ksf Association Rec Areas and per site and per site Community (Regional) 20/AC 66% 13 /AC 0.4 / AC Park I I I I II! I I I 1 I I 1. Primary Trips are defined by SANDAG as "one trip directly between origin and primary destination." I Prepared by Galen N. Peterson March 29, 2004 City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 22 Recycled Water I The recycled water system located within the public right-of-way will provide irrigation water to (i) medians, parkways, and adjacent roadway slopes (in I and adjacent to the public streets and public easements) (ii) landscaped slopes and pocket parks within the home owners association open space areas (iii) landscaped areas of the public park (iv) landscaped areas of the I school (v) landscaped areas of the private school and (vi) landscaped areas of the industrial section. I The recycled water system specially benefits only the six categories stated above. Therefore, the recycled water system costs were allocated only to I the irrigated area of these six categories. The percentage of area in each category, determined from the total area in all six categories, was multiplied times the cost of the recycled water system to arrive at the cost to be applied I to each category. The resulting recycled water system cost for the first category was added to the cost for the roadways and spread to all of the assessment numbers that specially benefit from the roadways. The resulting recycled water system cost for the second category was spread to all of the I residential units within the homeowners association that specially benefits from the open space areas. The resulting recycled water system cost for the last four categories was spread to the assessment numbers that correspond to those areas. I Dry Utilities The demand for dry utilities is considered to be similar to the factors I used for water and sewer as shown above. The dry utilities costs (limited by the Internal Revenue Service to five percent of the bond issue amount in order for the bonds to qualify for tax-exempt status) were allocated based on I EDU factors using the same methodology and, except as noted below, the same factors as were used in allocating water costs. I Due to the unique characteristics of the home owner association lots, the following dry utilities EDU factors were used for these lots: The HOA lots 47, 48 and 49 within Benefit Area No. 2 were assigned 1.5, 0.3 and 0.3 I EDU per site, respectively. The three HOA areas in Planning Areas 9, 10 and 12 and the Village Green area (OS-2) within Benefit Area No. 1 were assigned 2.4 EDU. The Village Square area in Planning Area 15 I within Benefit Area No. 1 was assigned 1.0 EDU. I 0-4 Proportioning Formation, Issuance and Financing Costs The costs to form this Assessment District, including the costs of issuance, have been determined to be eligible for inclusion in the Assessment District I; I Prepared by Galen N. Peterson March 29, 2004 I I I I I I City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 23 funding. Some of the incidental costs can be assigned directly to one of the benefit components as shown in Appendix "E". These costs that cannot be assigned directly to any one of the benefit components and therefore have been separated into a separate component for purposes of defining special benefits and allocating costs on a pro-rata basis relative to the improvement costs associated with each parcel as shown in Table 1 of Appendix F. The financing costs (bond discount and bond reserve), including capitalized interest, have also been assessed on a pro-rata basis relative to the improvement costs associated with each parcel. E. PROCLAMATIONS E-1 Assessments are equal to or less than the proportional special benefit each parcel receives The special benefit received from the Assessment District improvements exceeds the assessment allocated to each parcel. The improvements provided will increase the value of each parcel by more than the assessment levied upon it. To ensure that the assessments will be equal to or less than the proportional special benefit conferred, a review was made of similar properties in the vicinity. Comparison of recent sales records indicated that the average price per square foot of raw land increased in an amount greater than the costs of the assessments per square foot after backbone roadway and utility improvements were in place. E-2 Reasonableness and Justification of Assessments It is well known and understood by the development community that public infrastructure is required for raw land to develop to its highest and best use. After the passage of Proposition 13 and Assembly Bill 1600, developers and investors realize that they must provide the public infrastructure to support their developments without burdening existing properties. The Assessment District improvements are estimated to add 7% or more value to each parcel's overall value. A review of other developments has shown that this percentage is consistent with the costs of providing backbone access and utilities to raw land in similar developments. Therefore this Assessment levy is reasonable in relationship to the added value the improvements provide to the parcels. E-3 Future Apportionment of Special Benefit Special benefit will accrue to each parcel created by the subdivision of the property within the Assessment District. Since certain existing parcels within the Assessment District will not, at the time of formation of the Assessment District, have been subdivided into final lots, the initial assessments established at the time of formation of the Assessment District will be placed I Prepared by Galen N. Peterson March 29, 2004 City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 24 in the aggregate on the assessors parcels existing at the time of formation of the Assessment District. An assessment levied on a parcel existing at the time of formation of the Assessment District will be apportioned among t h o s e parcels created by the subsequent subdivision of such existing parcel. I Assessments apportioned to any parcel created by the subdivision of an existing parcel which is to be owned by a public agency (each, a "Public Parcel") or a non-profit 501(c)(3) organization (each, a "501(c)(3) Parcel" ) o r a home owners association (each, an "HOA Parcel") must be paid off in f u l l prior to the recordation of the final subdivision map creating such Public I Parcel or 501(c)(3) Parcel or HOA Parcel or contributed by the Developer as a reduced purchase price for improvements to be acquired pursuant to the Acquisition/Financing Agreement. The City shall not provide to the owner o r I subdivider of such existing parcel a certificate as required by Government Code Section 66493(f) for any subdivision certifying that the City Council has determined that provision has been made for the segregation of the I responsibility of each of the proposed new parcels for a portion of the assessment unless payment in full of the assessments apportioned to all Public Parcels, 501 (c)(3) Parcels and HOA Parcels created by such subdivision has been received by the City or otherwise contributed as I described above. It is the City of Carlsbad's policy that final lots that receive similar speci a l 11113 benefit also have similar final assessments If the future subdivision o f a n y planning area does not yield the estimated number of dwelling units, the C i t y reserves the right to require upon application of assessment reapportionment, I that a portion of the outstanding assessment be paid by the property owners to ensure that the assessments remain consistent within and between the planning areas as further provided in the Acquisition/Financing I Agreement. All reapportionments will be subject to City of Carlsbad policies and procedures. FINDINGS AND DETERMINATIONS OF ASSESSMENT ENGINEER I The undersigned, Galen N. Peterson, hereby finds and determine as follo w s : The proportionate special benefit derived by each parcel proposed to be I assessed has been determined in relationship to the entirety of the costs of the improvements to be funded from the proceeds of the bonds issue d I for the Assessment District and the cash collections. No assessment is proposed to be imposed on any parcel, which exceeds the reasonable cost of the proportional special benefit conferred on that I parcel. I Prepared by Galen N. Peterson March 29, 2004 City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 25 t r 0 - C. Only special benefits have been assessed. Parcels within the Assessment District that are owned or used by any agency, the State of California or the United States and which receive a special benefit from the improvements have been assessed accordingly. In conclusion, it is my opinion that the assessments for the referenced I Assessment District have been spread in direct accordance with the estima t e d special benefits that each parcel receives from the improvements. Dated: day of "f4 , 20O- ',,~GALENN. PE-TrEkSON R.C.E. No. 18,364 (Expires 06/2005) ASSESSMENT ENGINEER CITY OF CARLSBAD SAN DIEGO COUNTY STATE OF CALIFORNIA I I I Prepared by Galen N. Peterson March 29, 2004 City of. Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 26 I, LORRAINE M. WOOD, CITY CLERK of the CITY OF CARLSBAD, CALIFORNIA i do hereby certify that the foregoing Assessment, together with the Diagram attached thereto, was filed in my office on the / 7 day of ,,4,V14Ay 200. CITY OF CARLSBAD STATE OF CALIFORNIA I I, LORRAINE M. WOOD,, CITY CLERK of the CITY OF CARLSBAD, CALIFORNIA do hereby certify that the foregoing Assessment, together with the Diagram attached thereto, was preliminarily approved by the City Council of the CITY OF CARLSBAD, CALIFORNIA, on the / 7'day of,iu41ty 200..4 4!A::.~, K j C& .' - ~J,- 424, CITY OF CARLSBAD STATE OF CALIFORNIA CALIFORNIA do hereby the Diagram attached certify that the foregoing Assessment, thereto, was approved and confirmed CARLSBAD, together with by the City I, LORRAINE M WOOD, CITY CLERK of the CITY OF Council of said City on the .day of 200 CITY CLERK CITY OF CARLSBAD STATE OF CALIFORNIA I I, GLENN PRUIM, Superintendent of Streets / CARLSBAD, CALIFORNIA do hereby certify tt, together with the Diagram attached thereto, ' day of ,200. City Engineer of at the foregoing ias filed in my the CITY OF Assessment, office on the I SUPERINTENDENT OF STREETS /CITY ENGINEER CITY OF CARLSBAD STATE OF CALIFORNIA . I Prepared by Galen N. Peterson . March 29, 2004 LI I 1 I I I 1 n L 1 I 1 P I EXHIBIT 3 I I REVISED SPREAD AMENDING ASSESSMENTS ASSESSMENT DISTRICT 2002-01 (POINSETTIA LANE EAST) RANCH; LLA 06-09 DATE I BRESSI CITY OF CARLSBAD November 13, 2007 SAN DIEGO COUNTY PREVIOUS ASSESSMENTS ASSESSMENT ASSESSOR'S PARCEL PARCEL ASSESSMENT OWNER OF I NO. PARCEL NO. 3-17 213-261-08 DESCRIPTION TR 02-15, LOT 17 ACREAGE 2.149 AMOUNT $126,404.59 RECORD BRESSI OCEAN COLLECTION, LLC 3-18 213-261-09 TR 02-15, LOT 18 2.149 $129,019.45 BRESSI OCEAN COLLECTION, LLC TOTAL 4.298 $255,424.04 I AMENDED ASSESSMENTS ASSESSMENT ASSESSOR'S PARCEL PARCEL ASSESSMENT OWNER OF NO. PARCEL NO. DESCRIPTION ACREAGE AMOUNT RECORD 3-17-18-1 213-261-15 LLA 06-09, PARCEL A 4.298 $255,424.04 BRESSI OCEAN COLLECTION, LLC I TOTALS 4.298 $255,424.04 Total Assessments $255,424.04 I Total Assessed Acreage Assessment Amt./Acre 4.2980 $59,428.58 Per the Enginee?s Report, this spread of assessments is based on an acreage. I I I I 1 I I P:Carisbad\3208094-9\ Split-9 Page 1 of 1 I I I 1 I I I I I I I I I I L1 I I I EXHIBIT 4 71 10 3.78 AC ED i S — = — — — — — — = — — — •- — - S SAN 91G0 COUNTY ASSESSOR'S MM' 09 213-26 * SHT2OF4 1 3/23/2007 RG PALOMAR AIRPORT RD .10 ACCCISS Na, P-2c4 311 r 16 3.53 AC 7a44 2y6.46 4.49 Ac 13 2.93 AC 141 42 51 CAMPBELL FL ?tpl 28548 267.57 ' I " 12 ' IS 22 a 1.90 AC 62 AC . z 4630 2647 p4226 26540 SLATER FL ~42 148 46 0 /' \\ 1' NO ACCESS 1\72 67 2 40—FOOT ACCESS SHI 3 S 1.54 AC " \ 17 4.30 AC 120 AC 1.94 C l. 26041 p GATEWAY RD \1 J "1 MAP 14960-CARLSBAD TCT CI 02-15 S I I 1 I I I I I I I I I I I I I I EXHIBIT 5 I I DOC# 2006-0902548 I I ii11iI'i Hilt 11111 IiI 1111111111111111111h11111it 11111 !1I ill 1 RECORDING DEC 20, 2006 4:06 PM I .REOUESTEDBY n L nEconos - DIEGO ii (Q CUUHTYRF1aRcEPS OFflC AND WHEN UHEQR'r. cMifl4. COUNTY flCCc]OA - • RECORDED MAIL TO: k FEES: io PAGES: 4 • C CITY OF CARLSBAD ity Clerk AP I1l lll 11111 llMilIO;!Jllh1l llU 1111 VIII Ili 11101411111 1200 Carlsbad Village Dr. I Carlsbad. CA 92008 . _20060902S48_J., SPACE ABOVE THIS LINE FOR RECORDER'S USE I ASSESSOR'S PARCEL NO. 213-261-08-00 213-261-09-00 PROJECT NO. & NAME: PIP 06-11 BRESSJ RANCH LOTS 17 & 18 AOJ 06-09 I CE 060029 CERTIFICATE OF COMPLIANCE I FOR ADJUSTMENT PLAT (Section 66499,35 of the Government Code) The City Engineer has determined that the real property described below, has been divided or I has resulted from a division or combining of lots in compliance with the Subdivision Map Act and with the provisions of the Carlsbad Municipal Code pursuant thereto. I . OWNER(S): Bressi Ocean Collection, LLC, a California limited liability company . Exhibit "A Exhibit is for DESCRIPTION: (See attached. attached clarity only.) NOTE: The description in Exhibit 'A" attached has been provided by the owner of I the property and neither the City of Carlsbad nor any of its officers or employees assume responsibility for the accuracy of said description. This Certificate of Compliance shall have no force and effect if the above owners or any I subsequent transferee or assignee acquires any contiguous property other than a lot or Jots shown on a recorded subdivision map parcel map or record of survey map filed pursuant to and prior to repeal (Stats. 1955 Ch. 1593) of Section 11575 of the Business and Professions I Code: This Certificate of Compliance shall in no way affect the requirements of any other County, State or Federal agency that regulates development of real property. I I DATE; /( (Z /O6 , Y: £Li CONRAD C. FIAMMANN, JR, City Engineer RCE 33069 EXP. 06/30/2008 I /tJEtIMPMENT SECE5 Cornçca. *4. VIM REA*3&. .#1 I I I I I I I I I I I I I I I I I I I I I EXHIBIT "A" LEGAL DESCRIPTION FOR PARCEL A ADJ 0609 CE 060029 LOTS 17 AND 18 OF BRESSI RANCH, CARISBAID TRACT 02-15, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA , ACCORDING TO MAP THEREOF NO. 14960, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY FEBRUARY 4, 2005, CONTJNS 4,298 ACRES, MORE OR LESS .ip '3 0 ALD E. ROTH. PIS 5506 DATE: (MY LICENSE EXPIRES ON 09-30-08) II1 Na •I — U*tE. date 93 oe J* I 1 I I 1 I I I I I I I I I I 1 I aw an m in - _ im 01 V a FVEP.IF 1•, EXHIBIT CIIWR LOTS ii &1& BRESSI OCEAN CCtLEC11ON, LLC A CALIFCRN!A UMI7D LIABILITY CC4APANY 1280 BISON Aif, 89-609 NF.4PORT 8EACfl, CA 92660 PHCWE 714-557-9260 8Y URBAN INWSThIEIT FUND, LW, A CNJPOMA LIWTflJ LIABIliTY XY4PANY1 I IS MANAGING AM&7? 8V RANaIO PAI1C Pf?1PE11E$ lM A CALIPORMA CCPORA11O OBA URBAN+$€ST+Sfl?A TEGES DAWD A. DRIENZO PRE9OENT MM S TA Yin INSTRUMENT NO. 2006-0536072 OF OFF7CIAL, RECORDS 4II BY- a41 __ 11u. mAme BAW OF WW#V= FOR INS PUT IS M,V NO 1496a t)I7Sfl7VC LOT LINES Ek7STTNG LOT LINES BEING REM(MD NEW LOT LINE RANCHO PAF1C PROPER RES INC. 1280 BISW Alf., 89-609 NEispc'r BEAI. CA 92666 P \3370\ PPiNG\PL47\37O LLA totsl7-1&dwg I Oct 20, 2OX I ,GA TWA YROAD I TA LA CO - PIC#ffrr MAP NO SCALE LEGAL DESO?IP17C LOTS 17 AND 18 CT C.4RLAD TRACT CT 02-15 (NEW RANCHA IN THE tYJY CT CARLSeAD, CWNTY CT MN LEC4 STATE CT CALMA, ACCONDING 70 MAP 1HERFCT Na 14964 t1W) IN PIE ww CT PIE COUNTY RECORDER CT SAN DIEGO COUNTY, FEBRUARY 4, 2005. ThQNfIR OF PROECT 0(.3J6W CONSULTANTS 701 8 S17EE? .WIIF 800 SAN D(64 CA 92101 (619) 2354471 -(Eva NO55O6 t. a-30-06. * Pik- RONALD £ RON LS 5506 MY LJLEW EkP!RES 9-30--0 Fir up— I1 ADJC6—C9 9IEET I CT 2 APJ 213-261-08 - 213-251-09 U' ADJISThIENT PIA r-CITY OF CAR-SEALi woom ( I dl 4 cJ T) , CONRAD a HAAWANN VA IF QTYENLW? RCE 3.5069 CURW VU. TA PADIUIL731 Cl J 127W, 486.00' 12.40'] C2 j222644 5O.G' 29J LOT 15 CARLSBAD TRACT CT 0216 LOT 15 AP.N. 213-261-08 V V 213-261-09 I I I I I I I I I I I I I I I 'V I EXHIBIT "8 15,804 V GIAPaIC SCALE 100 0 30 100 200 Dr pm I inch = 100 ft. N90VOWW 553.05' 285.48' ---h-- 267.57 \ \ C2 A-263910" MAP N'?145O \ L=&14' PARdL 'A' V V 4.298 ACRES lcS LOT\( 1' LOT 17 La 18 12 \ \...._- ' 213-261-08 21J-261-09 V 5 I i FWI VAlE LANDSCAPE 0 V =27'ANCE V 9iO?4 L35 75' RESTh?CTUD 57G'1 T Cc.R1DOR ON MAP Na 14960 -J I EA7JENT AS SHOWN ON Ii \' o, - — — - - A N8925W 47928'__ — ESPNG £A5MEW1 !N 04 ThWA V ROAD No FAVOR OF £0.G.. PER DeX Na 2005-0294004 V j — — RECORDED APRIL 11. 2005 i P1'V 06-1! ADJJSTMEI1T PM r- CITY T CARL.AD r / / 1# Ili8I FliL PROPER lIES, INC I CONRAD C HA AlANM 1280 BMW AW., 89-609 V air ElVNEE7? RcE F3J7C\P1A75\JJ70 LLA LotsI7—lthV9 Au, f? ?fJ V I I I I I I I I I I I I I I I I I EXHIBIT 6 I VICINITY MAP - N.T.S. GATEWAY RD Thw I.— z MuniFinancja1 ras no Odftk Ib PEG 80'-ra f PEG 9I-O 3200094-9 NOVEMBER 2007 AMENDED ASSESSMENT DIAGRAM OF ASSESSMENT DISTRICT NO. 2002-01 (POINSETTIA LANE EAST) CITY OF CARLSBAD COUNTY OF SAN DIEGO STATE OF CALIFORNIA AMENDING ASSESSMENT NUMBERS 3-17 AND 3-18 PREVIOUS ASSESSMENTS ASSESSMENT NO. ASSESSORS PARCEL NO. PARCEL ACREAGE PARCEL DESCRIPTION 3-17 213-261-08 2.149 1 TR02-15, LOT 17 3-18 .1 213-261-09 2.149 1 TR02-15,10T18 AMENDED ASSESSMENTS ASSESSMENT ASSESSORS PARCEL PARCEL NO. PARCEL NO. ACREAGE DESCRIPTION 3-17-18-1 213-261-15 1 16-09, PARCEL A W+E NOT TO SCALE LEGEND APPORTIONMENT BOUNDARY ASSESSMENT NUMBER cj!> PREVIOUS ASSESSMENT NUMBER SHEET 1 OF I Cliv CLERICS CERTIFICATE FILED IN THE OFFICE OF THE CITY CLERK OF THE CITY OF CARLSBAD. THIS DAY OF .200 CITY CLERK CITY OF CARLSBAD SUPERINTENDENT OF STREETS CERTIFICATE RECORDED IN THE OFFICE OF THE SUPERINTENDENT OF STREETS, CITY OF CARLSBAD, THIS DAY OF .200. SUPERINTENDENT OF STREETS CITY OF CARLSBAD THIS AMENDED ASSESSMENT DIAGRAM AMENDS THE ASSESSMENT DIAGRAM OF ASSESSMENT DISTRICT NO. 2002.01, CITY OF CARLSBAD. COUNTY OF SAN DIEGO. STATE OF CALIFORNIA. PRIOR RECORDED THE 8TH DAY OF MAY, 2004. IN BOOK 38 OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS AT PAGE 37, IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. FILED THIS DAY OF ______________ 200 . AT THE HOUR OF _____ O'CLOCK - .M.. IN BOOK ________ OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS AT PAGE(S) ________ AT THE REQUEST OF THE CITY OF CARLSBAD IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF SAN DIEGO. STATE OF CALIFORNIA. FEE: __INSTRUMENT. NO GREGORY J. SMITH, COUNTY RECORDER BY DEPUTY, COUNTY RECORDER COUNTY OF SAN DIEGO NOTE: FOR PARTICULARS OF THE LINES AND DIMENSIONS OF ASSESSOR'S PARCELS, REFERENCE IS MADE TO THE MAPS OF THE SAN DEIGO COUNTY ASSESSOR OF SAN DIEGO COUNTY RECORDS WHICH MAPS SHALL GOVERN FOR ALL DETAILS RELATING THERETO. REFERENCE: LOT LINE ADJUSTMENT 06-09 DOCUMENT NUMBER: 2006-0802848 I I I I I I I H I I I I I I I I I EXHIBIT 7 I, CERTIFIED MAIL 1 Dated: November 13, 2007 Stone and Youngberg ' Attn: Bill Huck 4350 La Jolla Village Drive, Suite 140 San Diego, CA 92122 I I NOTICE To BOND HOLDER DIVISION OF LAND AND ASSESSMENT I NOTICE IS HEREBY GIVEN to you as the original purchaser of the bonds issued by the City of Carlsbad to represent the unpaid assessments relating to the construction of certain public improvements in an assessment district known and designated as: Assessment District Of 2002-01 (Poinsettia Lane East). Said I bonds were issued pursuant to the terms and provisions of the "Improvement Bond Act of 1915", Division 10 of the Streets and Highways Code of the State of California. NOTICE IS HEREBY GIVEN that an apportionment has been made by the property owner of a I assessment relating to the assessments and parcels as indicated by the enclosed report. NOTICE IS HEREBY GIVEN that unless a request for a public hearing is received within fourteen (14) I days from the date of this Notice, the above-apportioned assessments shall be recorded in the manner and form as required by law. If you have any further questions, please contact the undersigned at the Office of the Director of Public Works/City Engineer at the following address: Mr. Marshall Plantz Jenifer Storsteen Senior Civil Engineer MuniFinancial I City of Carlsbad 27368 Via Industria, Suite 110 1635 Faraday Avenue Temecula, CA 92590 Carlsbad, CA 92008 (951) 587-3500 This procedure is pursuant to the provisions of Part 10.5 of Division 10 of the Streets and Highways Code of I the State of California and the "Improvement Bond Act of 1915". MuniFinancial On behalf of the City of Carlsbad 1 I Jenifer Storsteen, Analyst District Administration Services I I I LI EXHIBIT 8 I I I RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 NOTICE OF AMENDED ASSESSMENT I CITY OF CARLSBAD ASSESSMENT DISTRICT NO. 2002-01 (POINSETTIA LANE EAST) I AMENDING ASSESSMENT NOS. 3-17 AND 3-18 (LOT LINE ADJUSTMENT 06-09) I Pursuant to the requirements of Section 3114 of the Streets and Highways Code of California, the undersigned City Clerk of the City of Carlsbad, County of San Diego, State of California, hereby gives notice that an amended assessment diagram and assessment were recorded in the office of the Superintendent of I Streets of the City of Carlsbad, as provided for in said Section, and relating to the real property more particularly described on that certain amended assessment diagram filed in accordance with said Section on 200_ in Book of Maps of Assessment and Community Facilities I Districts at Page in the office of the Recorder of the County of San Diego. Said amended assessment diagram amends the assessment diagram "Assessment District Of 2002-01 (Poinsettia Lane East)" filed the 5th day of May, 2004 in the office of said County Recorder in Book 38, Page I 37 of Maps of Assessment and Community Facilities Districts. Reference is made to the amended assessment diagram and assessment roll recorded in the office of I said Director of Public Works (Superintendent of Streets) of the Carlsbad for the amount of each of the amended assessments. Exhibit "A" hereto attached, and by this reference incorporated herein, shows the parcels subject to the amended assessments. DATED: , 200_ City Clerk City of Carlsbad County of San Diego State of California I I P:\Carlsbad\Segregations-Apphcaton 9\Report-9.doc I I I 1 I I I I I I I EXHIBIT A AMENDED ASSESSMENT ROLL ASSESSMENT DISTRICT 2002-01 (POINSETTIA LANE EAST) BRESSI RANCH; LLA 06-09 DATE CITY OF CARLSBAD November 13, 2007 SAN DIEGO COUNTY PREVIOUS ASSESSMENTS ASSESSMENT ASSESSOR'S PARCEL PARCEL OWNER OF NO. PARCEL NO. DESCRIPTION ACREAGE RECORD 3-17 213-261-08 TR 02-15, LOT 17 2.149 BRESSI OCEAN COLLECTION, LLC 3-18 213-261-09 TR 02-15, LOT 18 2.149 BRESSI OCEAN COLLECTION, LLC AMENDED ASSESSMENTS ASSESSMENT ASSESSOR'S PARCEL PARCEL OWNER OF NO. PARCEL NO. DESCRIPTION ACREAGE RECORD L 3-17-18-1 213-261-15 LLAO6-09, PARCEL A 4.298 BRESSI OCEAN COLLECTION, LLC 1 I I I I I I I I I I I P:Carlsbad\3208094-9\Exhibit A Page 1 of 1 wtJQ_ It (t' Lc- c r CITY OF CARLSBAD APPORTIONMENT AND AMENDED ASSESSMENT REPORT ASSESSMENT DISTRICT No. 2002-01, (POINSETTIA LANE EAST) AMENDING ASSESSMENT NUMBER 15-1 CARLSBAD TRACT CT 06-24 AUGUST2008 , /Financial Services WILLDAN. Corporate Office: Regional Office Locations: 27368 Via Industria Lancaster, CA Phoenix, AZ Suite 110 Oakland, CA Orlando, FL Temecula, CA 92590 Sacramento, CA Seattle, WA Tel: (951) 587-3500 Memphis, TN Tel: (800) 755-MUNI (6864) Fax: (951) 587-3510 I I I I I I I I I I I I I I I I I I I TABLE OF CONTENTS APPLICATION FOR APPORTIONMENT..................................................EXHIBIT I METHOD OF SPREAD..............................................................................EXHIBIT 2 REVISED SPREAD AMENDING ASSESSMENT.....................................EXHIBIT 3 CARLSBAD TRACT CT 06-24..................................................................EXHIBIT 4 ASSESSORS PARCEL MAP....................................................................EXHIBIT 5 AMENDED ASSESSMENT DIAGRAM ....................................................EXHIBIT 6 NOTICE TO BONDHOLDER.....................................................................EXHIBIT 7 NOTICE OF AMENDED ASSESSMENT...................................................EXHIBIT 8 I I I I I I r, P1 I I I 1 I 1 I I I APPLICATION FOR APPORTIONMENT I EXHIBIT I P1 Original APN(s) Legal Description Original Assessment Amount(s) %2 *IB /' (i( __ Pvr I I I 130 1107) CITY OF CARLSBAD I APPLICATION FOR ASSESSMENT APPORTIONMENT Please complete the application in full. Refer to the attached instructions for assistance. I I eturn completed form to: CITY OF CARLSBAD Development Services Engineering Counter 1635 Faraday Avenue Carlbsad, CA 92008 tb —V7GO I PhonNu,r - 5-txFx _L10 L C--14ç 7 I — rsessment District Name and Number \4451E rpwit._ C . l sit '0/act Description I - Call the NBS Government Finance Group at (800) 676-7516 for District and/or Project Information I I Purpose (Please check one): Subdivision Map No.: Parcel map No.: Lot Line Adjustment No.: Parcel Map Waiver No.: Number of new parcels: 1T t Fee Schedule Tract Map Apportionment (5 or more parcels) per Chapter 2, Section 66426 of the Subdivision Map Act: (See the Fee Schedule attached) Map Apportionment (4 or less parcels) per 2, Section 66426 of the Subdivision Map Act: I Ii I The undersigned, being the owner or interested party in property as set forth below, hereby requests the City of Carlbsad to apportion the amount remaining unpaid on the above assessment(s) in accordance with the provisions of Part 10.5 of the improvement Bond Act of 1915" or Part 5, Chapter 5.5 of the "Improvement Act of 1911," and said assessment is to be apportioned to each separate part of the original lot or parcel of land, the apporlionate part of the amount remaining unpaid on the assessment that would have been levied thereon had the lot or parcel been so divided A 71/ at the timQot the original confirmation of assessment. 1 4pplicant'1.9€ignature Date po,c z p lMPOR1(PNT: TWO COPIES OF THE FINAL MAP OR ADJUSTMENT PLAT (18" x 26" BLUELINE & 8 1/2" x 11" RE[ MUST B' PROVIDED TO BE USED AS THE BASIS FOR THE AMENDED ASSESSMENT DIAGRAM. I-1:iDEVEt.OPMENT SERVICES/MASTERS/FORMS/APPLICATIONS/APPLICATION FOR ASSESSMENT APPORTIONMENT (in Excel) REVISED 3/02 III LI I I I I I I I Li I 1 1 I H I I I I METHOD OF SPREAD I EXHIBIT 2 I I City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 5 I. Part Ill Assessment Roll and I Method of Assessment Spread On February 17, 2004 the City Council of the City Of Carlsbad, State of California, did, pursuant to the provisions of the Municipal Improvement Act of 1913, (Division 12 of the Streets and Highways Code of the State of California), Article XlllD of the Constitution of the State of California, and the Proposition 218 Omnibus Implementation Act (Section 53750 and following of the Government Code) (collectively, the "Assessment Law"), and in accordance with City of Carlsbad Policy 33, adopt its Resolution of Intention No. 2004-057, for acquisition or construction of certain public improvements, together with appurtenances and appurtenant work in connection therewith, in a special assessment district known and designated as: ASSESSMENT DISTRICT NO. 2002-01 (POINSETTIA LANE EAST) (hereinafter referred to as the "Assessment District"); and I WHEREAS, said Resolution of Intention, as required by the Assessment Law, did direct the Assessment Engineer to make and file a "Report", consisting of the I following as required by Section 10204 of the Act: Plans and specifications for the improvements proposed to be acquired or I and constructed in sufficient detail to show or describe the general nature, location extent of the improvements; I property A general description of the improvements proposed to be acquired and any necessary or convenient for the operation of such improvements; An estimate of the cost of the improvements and the costs of lands, right-of- way, easements, and incidental expense in connection with the improvements; I Assessment Diagram showing the Assessment District exterior boundaries, the boundaries of any benefit areas within the district and the lines and dimensions of each parcel within the district and the benefit areas I therein existing at the time of the adoption of the resolution of Intention; A proposed assessment of the costs and expenses of the improvements upon the parcels within the boundaries of the Assessment 'levied , District in proportion to the estimated special benefits to be received by each subdivision of property from the improvements; I Prepared by Galen N. Peterson March 29, 2004 I I I I I I City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 6 l ie f. The proposed maximum annual assessment to be levied upon each subdivision or parcel of land within the Assessment District specially I benefiting from the improvements and for which the assessment is unpaid to pay the costs incurred by the City and not otherwise reimbursed resulting from the administration and collection of assessments or from the administration and registration of any associated I For particulars, reference is made to the Resolution of Intention as previously adopted a copy of which is included in Appendix "A" of this Report. I NOW, THEREFORE, I, GALEN N. PETERSON, pursuant to the Assessment Law, do hereby submit the following: I 1. Pursuant to the provisions of Assessment Law and the Resolution of Intention, I have assessed the costs and expenses of the acquisition or construction of the improvements upon the parcels of land in the I Assessment District specially benefited thereby in direct proportion and relation to the estimated special benefits to be received by each of said parcels from the improvements. For particulars as to the I • identification of said parcels, reference is made to the Assessment Diagram, a copy of which is attached hereto. As required by Assessment Law, a Diagram is attached, showing the I Assessment District and the benefit areas therein, as well as the boundaries and dimensions of the respective parcels and subdivisions of land within said District and the benefit areas therein as I the same existed at the time of the passage of said Resolution of Intention, each of which subdivisions of land or parcels or lots respectively have been given a separate number upon said Diagram and in I said Assessment Roll. The subdivisions and parcels of land, the numbers therein as shown on the I respective Assessment Diagram as attached hereto, correspond with the numbers as appearing on the Assessment Roll as contained herein. NOTICE IS HEREBY GIVEN that bonds will be issued in accordance with I Division 10 of the Streets and Highways Code of the State of California (the "Improvement Bond Act of 1915"), to represent all unpaid I assessments, which bonds shall be issued not to exceed the legal maximum term as authorized by law, i.e., THIRTY-NINE (39) YEARS from the 2nd day of September of the next succeeding twelve (12) months from the date of the bonds. Said bonds shall bear interest at a rate not to I exceed the current legal maximum rate of 12% per annum. I Prepared by Galen N. Peterson March 29, 2004 bonds and reserve or other related funds. City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page? I .5. By virtue of the authority contained in the Assessment Law and by further direction and order of the legislative body, I hereby recommend the following Assessment to cover the costs and expenses of the I District acquisition or construction of the improvements for the Assessment based on the costs and expenses as set forth below: As Preliminarily As Finally I Approved Approved and Confirmed I Construction and Incidental Costs less $34,995,291.23 $34,995,291.23 General Benefit (1) Formation and Issuance Expenses 1,288,417.00 1,288,417.00 I Less Special Benefit Contributions (1,930,891.12) (1,930,891.12) Less Interest Earned I Capitalized Interest and Financing Costs 7,413,525.86 7,413,525.86 Total Assessment (2) $ 41,766,342.97 $ 41,766,342.97 I Subtotal Benefit Area No. 1(2) $ 29,417,441.97 $ 29,417,441.97 Subtotal Benefit Area No. 2(2) $12,348,901.00 $ 12,348901.00 I Total Assessment (2) $ 41,766,342.97 $ 41,766,342.97 For particulars as to the individual assessments and their descriptions, I reference is made to Exhibits 2 and A attached hereto. The general benefit not assessed is associated with a portion of I Poinsettia Lane and El Fuerte as discussed in Exhibit A. An amount equal to such general benefit will be contributed by the developers as a deduction from the purchase price for improvements I to be acquired and not reimbursed from bond proceeds. Included in the total assessment are projected individual assessments representing the special benefit from the I improvements to be conferred on public parcels (such as the school and park), non-profit organizations (such as open space parcels) and home owner association parcels to be created by the future I subdivision of the existing parcels within the Assessment District. Assessments apportioned to such parcels upon the creation thereof will be contributed by the developers either as a deduction from the I purchase price for improvements to be acquired and not reimbursed from bond proceeds or, if the purchase price for all improvements has been paid at the time of creation of any such parcel, by a cash I contribution equal to the amount necessary to pay off any such assessment. I Prepared by Galen N. Peterson March 29, 2004 City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 8 I. Summary of Developer Contributions to Off-Set 1 General Benefit and Special Benefit Assessments Bressi La Costa I Ranch Greens (Benefit (Benefit Area No. 1) Area No. 2) Total I General Benefit Poinsettia Lane - Segment 1, Street $ 219,539.28 $ 193,460.72 $ 413,000.00 I Improvements Poinsettia Lane - Segment 2, Street $ 92,493.55 $ 81,506:45 $ 174,000.00 Improvements I El Fuerte - Street Improvements $ 381,360.00 $ - $ 381,360.00 Total General Benefit $ 693,392.82 $ 274,967.18 $ 968,360.00 Special Benefit - Parcels Owned by Public Agencies, Non-Profit Organizations and Home Owners I Association (1) City Park $ - $ 460,797.79: $ 460,797.79 I Open Space $ 48,567.87 $ 26,635.11 $ 75,202.98 Home Owners Association (HOA) - 20,140.16 $ 20,140.16 Total Special Benefit (1) $ 48,567.87 $ 507,573.06 $ 556,140.93 I Total Developer Contributions (1) $ 741,960.69 $ 782,540.24 $ 1,524,500.93 Notes: I (1) Additional future parcels which will be owned by Public Agencies, Non-Profit Organizations or Home Owners Associations are identified in Appendix F and the special benefits of these parcels will be apportioned at the time of I subsequent subdivision of existing parcels. The assessments for these future parcels will be contributed by the developers either as a deduction from the purchase price for improvements to be acquired and not reimbursed from bond proceeds or, if the purchase price for all improvements has been paid at I the time of creation of any such parcel, by a cash contribution equal to the amount necessary to pay off any such assessment. I 6. The Method and Formula of Spread of Assessment is as set forth in Exhibit "A", which is attached hereto, referenced and so incorporated I Prepared by Galen N. Peterson March 29, 2004 I I City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 9 1 .Exhibit 2 Assessment Roll Assessment Land Use As Preliminarily As Finally Number Approved Approved and Confirmed ' 1 Planned Industrial $ 133,110.09 $ 133,110.09 2 Planned Industrial $ 1,487,685.30 $ 1487,685.30 3 Planned Industrial $ 2,832,724.07 $ 2832,724.07 4 Planned Industrial $ 2,619,254.43 $ 2,619,254.43 5 Planned Industrial $ 1,741,701.50 $ 1,741,701.50 I 6 Single Family Development $ 2,493,790.47 $ 2,493,790.47 7 Single Family Development $ 1,526,810.49 $ 1,526,810.49 8 Single Family Development $ 2,417,449.94 $ 2,417,449.94 I 9 Single Family Development & HOA $ 1,802,430.14 $ 1,802,430.14 10 Single Family Development & HOA $ 2,155,046.02 $ 2,155,046.02 11 Single Family Development $ 815,981.03 $ 815,981.03 I 12 Single Family Development & HOA $ 2,319,874.24 $ 2,319,874.24 13 Church, Day Care &School $ 1,250,040.16 $ 1,250,040.16 14 Planned Industrial $ 74,691.03 $ 74691.03 I 15 Retail, Office, Multifamily Assisted Living. Boys & Girls Club and Open Space $ 5,746,853.07 $ 5,746,853.07 16 Open Space (OS) $ .. - $ 17 OS (Assm'nt Contributed by Developer) $ - $ - I • 18 Open Space (OS) $ . $ 19 Open Space (OS) $ - $ - I 20 Open Space (OS) $ - $ - 21 Open Space (OS) $ - $ - 22 industrialf8usiness Park Chur, Day Care and Townhomes/Single Family Des $ 1,127,846.77 $ 1,127,846.77 I 23 Open Space (OS) $ - $ - 24 Park (Assm'nt Contributed by Developer) $ $ - 25 Single Family Development & School $ 3,053,281.02 $ 3,053,281.02 I 26 Single Family Development $ 2,357,989.35 $ 2,357,989.35 27 Open Space (OS) $ - $ - 28 HOA (Assm'nt Contributed by Developer) $ . $ I 29 Single Family Development $ 2,746,861.05 $ 2,746,861.05 30 Open Space (OS) $ . $ - 31 Single Family Development $ 512,367.86 $ 512,367.86 ' 32 HOA (Assm'nt Contributed by Developer) $ - $ - 33 Multifamily (Affordable) (Assm'nt Contributed by Developer) $ - $ - 34 Townhome/Single Family 0ev $ 2,550,554.95 $ 2,550,554.95 35 Open Space (OS) $ - $ - I 36 Open Space (OS) $ - $ - 37 HOA (Assm'nt Contributed by Developer) $ - $ 38 Open Space (OS) $ - $ I 39 OS (Assm'nt Contributed by Developer) $ - $ - Total $ 41,766,342.97 $ 41,766,342.97 I Prepared by Galen N. Peterson March 29, 2004 I City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 10 l ie EXHIBIT A METHOD AND FORMULA OF ASSESSMENT SPREAD I Since the improvements are to be funded by the levying of assessments, the Assessment Law requires that assessments be based on the special benefit that I the properties receive from the improvements. In addition, the Assessment Law provides that a parcel's assessment may not exceed the reasonable cost of the proportional special benefit conferred on that parcel. Further, only special benefits are assessable and the local agency levying the assessment must I separate the general benefits from the special benefits. All publicly owned property must be assessed if it specially benefits from the improvements. The Assessment Law does not specify the method or formula that should be I used to apportion the costs to properties in any special assessment district proceedings. The responsibility for recommending an apportionment of the costs to properties, which specially benefit from the improvements rests with the I Assessment Engineer, who is appointed for the purpose of making an analysis of the facts and determining the correct apportionment of the assessment obligation. In order to apportion the assessments to each parcel in direct proportion with the I special benefit which it will receive from the improvements, an in-depth analysis has been completed and is used as the basis for apportioning costs to each property within the Assessment District as explained below. I • Based upon an analysis of the special benefit to be received by each parcel from the improvements, the Assessment Engineer recommends the I apportionment of costs as outlined herein. The final authority and action rests with the City Council after hearing all testimony and evidence presented at a public hearing, and the tabulation of the assessment ballots previously mailed to all record owners of property within the Assessment District. Upon the conclusion of the public I hearing, the City Council must make the final determination whether or not the assessment spread has been made in direct proportion to the special benefits I to be received by each parcel within the Assessment District. Assessment ballot tabulation will be finalized at that time and, if a majority of the assessment ballots received prior to the close of the public hearing weighted by assessment amount are not opposed to the levy of the assessments, then the City Council may confirm I the levy of the assessments. The following sections define and explain the special benefits and general I benefits, and set forth the methodology used to apportion the costs of the improvements providing special benefits to each parcel, and confirm that the I assessments are reasonable and justified. The Method of Apportionment I The Assessment District improvements have been assigned into six benefit components; roadway, potable water, recycled water, sewer, dry utilities and I Prepared by Galen N. Peterson March 29, 2004 I City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 11 I .incidental expenses. Roadway improvement costs are spread on vehicle average daily trip (ADT) generation. Potable water, sewer and dry utility costs are spread on an equivalent dwelling unit (EDU) basis. Recycled water costs are spread to I the roadway and specific parcels based on the amount of recycled water used for the irrigation of each roadway and specific parcel. The incidental expenses have been based on either the actual cost to each component of the improvements or if I . the incidental costs apply to all such components then to the prorated construction cost of each such component. Because some of the assessor parcel boundaries do not coincide with the Village I Planning Areas or Neighborhoods, some initial assessments will be placed in aggregate on multiple assessor parcels until final maps are recorded and the new assessor parcels coincide with the Village Planning Areas or Neighborhoods as I applicable. I parcels The procedure of identifying and apportioning special benefit to the land uses and has been organized as follows: I A. Identification of Benefit Components A-I Backbone Roadway Improvement Components I • A-2 Backbone Potable Water and Sewer Improvement Components I A-3 Backbone Recycled Water Improvement Components A-4 Backbone Dry Utilities Improvement Components A-5 Incidental Expenses Components I B. Special Benefits General Benefits Proportioning Special Benefits I D -I Land Use Categories D-2 Proportionate Special Benefit of Roadway Improvements I D-3 Proportionate Special Benefit of Utility Improvements I . D-4 Proportioning Formation, Issuance and Financing Costs , I I Prepared by Galen N. Peterson March 29, 2004 I City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 12 I • E. Proclamations E-1 Assessments Equal to or Less Than the Proportional Special Benefits I E-2 Reasonableness and Justification of Assessments I E3 Future Apportionment A. IDENTIFICATION OF BENEFIT COMPONENTS I The improvements to be acquired or constructed by the City from the proceeds of bonds issued for each benefit area of the Assessment District are necessary for development of the Assessment District parcels and are required by the Villages of I La Costa (The Greens) and by the Bressi Ranch Master Plans and the conditions of development as set forth in the land use entitlements approved by the City for each benefit area. Without the improvements, the parcels within I the Assessment District cannot be developed to their planned ultimate uses pursuant to such land use entitlements. I It is unfeasible and impractical for the parcels to be utilized to their highest and best use without the backbone roadways and utilities that will be funded by the Assessment District. I • A-I Backbone Roadway Improvement Components I The foremost purpose of the Assessment District is to provide financing for the backbone road access so the Assessment District parcels can be developed. The most significant and costly improvement is the work associated with the road construction. The road construction has created the I need to relocate sewer mains and utilities, re-establish habitat areas, and install landscaping to protect the roadway slopes. The road construction has also created the need to construct storm drains to protect the roadway and to I relocate other facilities and provide mitigation areas that would not have otherwise been necessary if the road was not constructed. The road and associated costs have been placed into one roadway improvement component I for the purpose of defining the roadway costs and apportioning special benefit. I A percentage of the cost of the backbone recycled water distribution system has been spread in the same manner as the roadway expenses. This portion of the recycled water system improvements will provide an irrigation water I system for the roadway landscaping. The roadway improvement component includes: Poinsettia Lane, El Fuerte, El I Camino Real, relocation of utilities, establishment of habitat mitigation areas, and a portion of the recycled water system to serve the roadway landscaping. I Prepared by Galen N. Peterson March 29, 2004 City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 13 I • A-2 Backbone Potable Water and Sewer Improvement Components 1 Coincidental to the roadway improvements is the necessity to construct certain backbone utility improvements within the roadway right of way concurrently with construction of the roadway improvements. These improvements confer a different special benefit to the properties than the special benefit conferred by the roadway improvements. Therefore potable water and sewer (other than relocated facilities for the roadway costs) have been separated into wet utility components for purposes of defining special benefits and allocating the costs I of such components. A-3 Backbone Recycled Water Improvement Components Coincidental to the roadway improvements is the necessity to construct certain backbone recycled water improvements within the roadway right of way I concurrently with construction of the roadway improvements. A percentage of these improvements confer a different special benefit to the properties than the special benefit conferred by the roadway improvements based on where I the recycled water will be used. The recycled water facilities have been separated into a separate component for purposes of defining special benefits and allocating the costs of such components. I • A-4 Backbone Dry Utilities Improvement Components Coincidental to the roadway improvements is the necessity to construct certain I backbone dry utility improvements within the roadway right of way concurrently with construction of the roadway improvements. These improvements confer a I different special benefit to the properties than the special benefit conferred by the roadway improvements. Therefore the dry utilities have been separated into a separate component for purposes of defining special benefits and I allocating the costs of such components. A -5 Incidental Expense Components I In addition to the improvement costs, there are incidental construction administration and Assessment District formation. expenses. These costs include, but are not limited to: construction administration, construction I supervision, design, testing, surveying, assessment engineering, audit of acquisition costs, financial advisors, appraisals, bond counsel, underwriting, official statement printing, financing cost and establishment of a bond reserve I fund. The costs of the formation of the Assessment District, including the costs of issuance, have been determined to be eligible for inclusion and are included in the Assessment District incidental costs. Some of these costs can I be assigned directly to one of the benefit components as shown in Appendix "E". Other costs that cannot be assigned directly to one of the benefit I I Prepared by Galen N. Peterson March 29, 2004 I I I I I I 1 I I n I I City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 14 I. components have been prorated to each assessment number in accordance with that assessment number's share of the construction cost. SPECIAL BENEFITS The purpose of this Assessment District is to fund the construction and acquisition of public improvements required to serve the Assessment District parcels. Special benefit is received by each parcel within the boundaries of the Assessment District from new roadway access and the availability of 'utility services that are required and necessary for the properties to develop to their highest and best use in accordance with and as permitted by the approved land use entitlements. The improvements to be constructed and/or acquired by the District accommodate the planned development within the Assessment District area in accordance with the approved land use entitlements. The Villages of La Costa (The Greens) and the Bressi Ranch Specific Plan environmental documents and the, Tentative Map identify the need for access and utilities, and place conditions upon the parcels within the Assessment District to provide those improvements. The Assessment District Improvements satisfy the conditions of development by providing access and backbone utilities so the projects can support their planned uses. Without the improvements, the parcels within the Assessment District could not be developed to their planned and conditionally approved uses. The special benefit conferred on the parcels within the Assessment District from the proposed improvements include: increased development potential, relief from access constraints, improved accessibility to utilities, fulfillment of development conditions and ensured investment returns. The special benefit to each parcel is such that the parcels will be allowed to gain access to a public street network and have water, sewer, recycled water and dry utilities readily available, thereby allowing them to develop to their highest potential. Special benefit accrues to each parcel to be subdivided and served by the improvements to be constructed. Since some of the areas within the Assessment District have not been subdivided into individual lots at this time, the assessments will be placed in 'aggregate on one or more existing assessor parcels and apportionment of the assessments will take place as final maps record. GENERAL BENEFITS Some public improvements will confer general benefit to properties or the public at large outside the Assessment District. In making an analysis, a review was conducted of the surrounding areas. The review resulted in identifying general benefits that accrued to properties outside the Assessment District. Prepared by Galen N. Peterson March 29, 2004 I City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 15 I • Poinsettia Lane is designated as a prime arterial roadway. Previously, Poinsettia Lane did not exist east of El Camino Real, Four lanes are proposed to be constructed. Two lanes are required to serve the estimated volume of traffic generated by the Assessment District parcels. Two center lanes (one in each I direction) are required for through traffic originating outside of the Assessment District. The costs associated with the construction and placement of the asphalt I benefit and base for the two center lanes have been determined to be a general and will not be assessed to parcels within the Assessment District. El Fuerte Street is designated as a secondary arterial roadway and will be constructed from Palomar Airport Road south to connect to the existing terminus of El Fuerte Street at the southerly boundary of Bressi Ranch. Four lanes are proposed to be constructed. Two lanes are required to serve the estimated I volume of traffic generated by the Assessment District parcels. Two center lanes (one in each direction) are required for through traffic originating outside of the Assessment District. The costs associated with the construction and I placement of the asphalt and base for the two center lanes have been determined to be a general benefit and will not be assessed to parcels within the Assessment District. I Based on the estimated roadway construction costs, the cost of the roadway base and asphalt pavement to provide the two center lanes for both Poinsettia I Lane and El Fuerte Street is approximately $968,360. The grading beneath the two center lanes of each roadway benefits the Assessment District because it provides lateral support to the Assessment District paved lanes. This I grading can not be eliminated from the overall roadway grading without constructing retaining walls that would unreasonably increase the Assessment District cost. Therefore all of the Poinsettia Lane and El Fuerte Street grading I provides special benefit to the Assessment District Properties. D. PROPORTIONING SPECIAL BENEFITS 1 Dl Land Use Categories I The following land use categories are included in the Assessment District: planned industrial, business park, community retail, office, single-family detached and single-family attached residential, apartments (affordable housing), assisted living, daycare center, boys and girls club, church, school, I home owners association recreation areas, park and open space. I Except for the irrigated areas in Assessment Numbers 17 and 39 (Village Green OS-2 and open space lot 34), the non-active and undeveloped open space areas do not receive special benefit from the works of improvements and will not be assessed. Open space areas are I those areas that are deeded or perpetually designated in easements. I Prepared by Galen N. Peterson March 29, 2004 $ City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 16 lie D-2 Proportionate Special Benefit of Roadway Improvements Trip Generation Factors for Roadway Improvements The use of and need for roadway improvements is a function of the number of vehicle trips per day generated by the use of the land served by the streets. Traffic engineers have developed traffic generation factors, which are related to development density and type of land use. Therefore, trip generation is an appropriate basis for apportioning roadway improvements and related costs among the specially benefited parcels. The trip generation factors will be estimated from the July 1998, SANDAG Trip Generation Manual and weighted as explained below. SANDAG categorizes trips as primary, diverted and pass-by. This analysis uses only the primary trip percentages for the non-residential land use categories to avoid double counting of the residential trips. Single Family Detached Trip Generation 1 The Average Daily Trips (ADT) per detached single-family dwelling is 10 ADT. The Assessment District single-family dwelling product types are similar to the SANDAG study areas. I Single Family Attached Trip Generation The Average Daily Trips per attached dwelling unit or for a condominium I unit is 8 ADT. Affordable Housing (Bressi Ranch) Trip Generation The Average Daily Trips for each affordable housing unit, based on the It formula in footnote R of the 1998 SANDAG Trip Generation Manual, is 6.4ADT (-2.169 Ln(100 units/5.13 ac) + 12.85). Apartment Affordable Housing (Greens) Trip Generation The Average Daily Trips for each affordable housing unit, based on the 1998 SANDAG Trip Generation Manual for apartments, is 6 ADT. Assisted Living Trip Generation The Average Daily Trips for each assisted living room, based on 1998 SANDAG Trip Generation Manual for congregate care facility, is 2 ADT. $ Industrial Trip Generation The Average Daily Trips for industrial park is 80 ADT per net acre. The primary trip percentage for industrial park is 79%. Ii. I Prepared by Galen N. Peterson March 29, 2004 I City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 17 I s Community Retail Trip Generation The Average Daily Trips for commercial shops - specialty retail/strip commercial is 40 ADT per 1,000 square feet. The primary trip percentage for this land use is 45%. Office Trip Generation The Average Daily Trips for corporate headquarters office is 7 ADT per 1,000 square feet. The primary trip percentage for this land use is 82%. School Trip Generation I The Average Daily Trips for an elementary school is 60 ADT per net acre. - The primary trip percentage for an elementary school site is 57%. Church Trip Generation The Average Daily Trips for a church is 30 ADT per net acre. The primary trip percentage for a church site is 64%. P Day Care Trip Generation The Average Daily Trips rates for day care use is 80 ADT per 1,000 I square feet. The Floor Area Ratio for the day care sites is estimated at 0.1 of building per net land area. Therefore, the 80 ADT per 1,000 square feet is equivalent to approximately 348 ADT per net acre (80 I times 43,560/1,000 times 0.1). The primary trip percentage for a day care is 28%. i Boys & Girls Club Trip Generation The Average Daily Trips for a multi-purpose recreational facility is 90 ADT per net acre. The primary trip percentage for this land use is 52%. 5 Home Owners Association Recreation Areas Trip Generation The Average Daily Trips generation for the home owner's association (HOA) recreation areas, which is equivalent to a neighborhood park, ,I is 5 ADT per net acre. In order to avoid double counting the residential trips, the primary trip percentage used for external trips is 25%. The HOA lots 47, 48 and 49 within Benefit Area No. 2 were assigned 10, 2.8 I and 1.9 ADT per site, respectively. The three HOA areas in Planning Areas 9, 10 and 12 and the Village Green area (OS-2) within Benefit Area No. 1 were assigned 13.9 ADT. The Village Square area in Planning Area 15 within Benefit Area No. 1 was assigned 2.5 ADT. I Park Trip Generation The Average Daily Trips generation for a regional park is 20 ADT per net acre. The primary trip percentage for a regional park is 66%. Prepared by Galen N. Peterson March 29, 2004 I I City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 18 Weighted Benefit by Land Use for Roadway Improvements The geographic concentration and placement of major land uses (residential, commercial retail and office, and industrial) within the Assessment District boundaries indicates that their impact on, hence - their special benefits from, the roadway improvements are not uniform and should be weighted. The results of a study performed by Urban Systems, Inc. shown at the end of Appendix "F" indicates that the relative weighting for industrial and commercial land use compared to residential land uses on each roadway improvements is as follows: Road Relative Benefit Industrial Commercial Residential and Other Poinsettia Lane 0.4 0.7 1.0 El Fuerte 0.2 0.8 1.0 El Camino Real 0.6 0.5 1.0 These weights were applied to the ADT generation factors discussed above in order to arrive at an allocable share for each of the three roadway improvement costs. The costs for each of the roadway improvements were allocated only to the assessment numbers that specially benefit from such roadway improvements as set forth below: Poinsettia Lane - Poinsettia Lane roadway costs specially benefit all assessment numbers in the Assessment District. Therefore, Poinsettia Lane roadway costs were allocated to all assessment numbers based on the ADT generation factors and weighting applicable to Poinsettia Lane. El Fuerte - El Fuerte roadway costs specially benefit only assessment numbers 1 through 21. Therefore, El Fuerte roadway costs were allocated only to assessment numbers 1 through 21 based on the ADT generation factors and weighting applicable to El Fuerte. El Camino Real (Bressi Ranch portion) - El Camino Real (Bressi Ranch portion) roadway costs specially benefit only assessment numbers 1 through 21. Therefore, El Camino Real (Bressi Ranch portion) roadway costs were allocated only to assessment numbers 1 through 21 based on the ADT generation factors and weighting applicable to El Camino Real (Bressi Ranch portion). El Camino Real (Greens portion) - El Camino Real (Greens portion) roadway costs specially benefit only assessment numbers 22 through 39. I. I I I I Prepared by Galen N. Peterson March 29, 2004 I City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 19 Therefore, El Camino Real (Greens portion) roadway costs were allocated only to assessment numbers 22 through 39 based on the ADT generation factors and weighting applicable to El Camino Real (Greens portion). D-3 Proportionate Special Benefit of Utility Improvements The most pertinent and reasonable utility improvement special benefit variable is average daily demand. The detached single family home will be the basic equivalence for measuring demand to other land use categories. Potable Water and Sewer I Water and sewer demand was obtained from the 2002 update of the City of Carlsbad Water Master Plan. A summary of the water and sewer usage is shown below: Land Use Potable Water and Sewer Usage Single Family Detached 550 gallons / day Single Family Attached 250 gallons / day Non Residential 2,300 gallons /10,000 SF /day 1. I 'I A single family detached unit has been assigned an equivalent dwelling unit (EDU) weight of 1.0 EDU. By converting the gallons per day to EDU we arrive at the following table: Land Use Potable Water and Sewer EDU Single Family Detached 1.0 EDU / Unit Single Family Attached 0.5 EDU / Unit Non Residential 42 EDU / 10,000 SF The City of Carlsbad Water Master Plan estimates water demand for park as 2.5 acre-foot per acre per year. This translates to 2,230 gallons per acre per day (2.5 x 43,560 x 7.48/365). Potable water demand for park is estimated as 10% of the demand for recycled water for irrigation, resulting in 0.4 EDU per acre (0.1 x 2,230/550) of parkland. 1 Prepared by Galen N. Peterson March 29, 2004 I I I City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 20 I. Homeowner association (HOA) lots water usage was estimated based on the characteristics of the parcels and their expected land use. The HOA lots 47, 48 and 49 within Benefit Area No. 2 were assigned 2.41, 2.08 and 1.43 EDU per site, respectively. The three HOA areas in Planning Areas 9, 10 and 12 and the Village Green area (OS-2) within Benefit Area No. 1 were assigned 3.8 EDU. The Village Square area in Planning Area 15 within Benefit Area No. I was assigned 1.0 EDU. The Assessment Diagram identifies two benefit zones for sewer improvements. Sewer Zone A includes all of the Assessment District parcels that benefit from the sewer improvements. Sewer Zone B includes the remaining Assessment District parcels that do not benefit from the sewer improvements. The water and sewer costs for new facilities (sewer relocation related to the construction of the road was allocated with the street costs) related to each street segment were allocated only to the assessment numbers that specially benefit from such water and sewer costs as set forth below: Poinsettia Lane Segment I - Poinsettia Lane Segment 1 water costs specially benefit only assessment numbers 22 through 39. Therefore, Poinsettia Lane Segment 1 water costs were allocated only to assessment numbers 22 through 39 based on the applicable EDU factors. Poinsettia Lane Segment 2— Poinsettia Lane Segment 2 water costs specially benefit only assessment numbers 1 through 21. Therefore, Poinsettia Lane Segment 2 water costs were allocated only to assessment numbers 1 through 21 based on the applicable EDU factors. El Fuerte - El Fuerte water costs specially benefit only assessment numbers I i through 21. Therefore, El Fuerte water costs were allocated only to assessment numbers 1 through 21 based on the applicable EDU factors. I El Camino Real (Bressi Ranch portion) - El Camino Real (Bressi Ranch portion) water costs specially benefit only assessment numbers 1 through 21. Therefore, El Camino Real (Bressi Ranch portion) water costs were I allocated only to assessment numbers 1 through 21 based on the applicable EDU factors. El Camino Real (Greens portion) - El Camino Real (Greens portion) water costs specially benefit only assessment numbers 22 through 39. Therefore, El Camino Real (Greens portion) water costs were allocated only to assessment numbers 22 through 39 based on the applicable EDU factors. 1 Prepared by Galen N. Peterson March 29, 2004 I I 1 i I I City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 21 I • Sewer costs benefit only assessment numbers in Sewer Zone A, as shown on the Assessment Diagram. Therefore, sewer costs for each road segment were allocated to the respective assessment numbers that the water was I allocated to, but only to parcels within Sewer Zone A based on the applicable EDU factors. There was no assessment for sewer costs to the assessment numbers in Sewer Zone B, as shown on the Assessment Diagram, I Summary of Special Benefit Factors I I. I I Road way_Improvements Utilities Land Use Category Primary Trip Adjusted ADT % Applied 1 ADT EDUs Single Family 10 /DU - 10 / DU 1.0 / DU Detached Single Family 8/DU - 8/DU 0.5 / DU Attached Affordable Housing 6.4 / DU - 6.4 / DU 0.5 / DU (Bressi Ranch) Apartment (Affordable 6/DU - 6 /DU 0.5 / DU Housing) Assisted Living 2 I Room - 2 / Room 4.2 I 10ksf Industrial 80 I AC 79% 63 / AC 4.2 / 10ksf Community Retail 40/1,000 45% 18/1,000 4.2 / l0ksf SF SF Office 7/1,000SF 82% 6/1,000SF 4.2/1Oksf School 60/AC 57% 34 / AC 4.2 / 1 0ksf Church 30 / AC 64% 19 I AC 4.2 / 10ksf Day Care 80/1,000 SF 28% 97.4 / AC 4.2 / 10ksf Boys & Girls Club 90/AC 52% 47 / AC 4.2 / 10ksf Homeowners 5/AC 25% 1.25 / AC 4.2 / 10ksf Association Rec Areas and per site and per site Community (Regional) 20 I AC 66% 13 I AC 0.4 / AC Park 1. Primary Trips are defined by SANDAG as 'one trip directly between origin and primary destination." Prepared by Galen N. Peterson March 29, 2004 r L City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 22 l ie Recycled Water The recycled water system located within the public right-of-way will provide I irrigation water to (I) medians, parkways, and adjacent roadway slopes (in and adjacent to the public streets and public easements) (ii) landscaped slopes and pocket parks within the home owners association open space I areas (iii) landscaped areas of the public park (iv) landscaped areas of the school (v) landscaped areas of the private school and (vi) landscaped areas of the industrial section. The recycled water system specially benefits only the six categories stated I the above. Therefore, the recycled water system costs were allocated only to irrigated area of these six categories. The percentage of area in each category, determined from the total area in all six categories, was multiplied times the cost of the recycled water system to arrive at the cost to be applied I to each category. The resulting recycled water system cost for the first category was added to the cost for the roadways and spread to all of the assessment numbers that specially benefit from the roadways. The resulting I .recycled water system cost for the second category was spread to all of the residential units within the homeowners association that specially benefits from the open space areas. The resulting recycled water system cost for the I last four categories was spread to the assessment numbers that correspond those to areas. I Dry Utilities The demand for dry utilities is considered to be similar to the factors I used for water and sewer as shown above. The dry utilities costs (limited by the Internal Revenue Service to five percent of the bond issue amount in order for the bonds to qualify for tax-exempt status) were allocated based on I EDU factors using the same methodology and, except as noted below, the - same factors as were used in allocating water costs. Due to the unique characteristics of the home owner association lots, the I following dry utilities EDU factors were used for these lots: The HOA lots 47, 48 and 49 within Benefit Area No. 2 were assigned 1.5, 0.3 and 0.3 ' EDU per site, respectively. The three HOA areas in Planning Areas 9, 10 and 12 and the Village Green area (OS-2) within Benefit Area No. 1 were assigned 2.4 EDU. The Village Square area in Planning Area 15 I within Benefit Area No. 1 was assigned 1.0 EDU. D-4 Proportioning Formation, Issuance and Financing Costs I The costs to form this Assessment District, including the costs of issuance, have been determined to be eligible for inclusion in the Assessment District I 1 Prepared by Galen N. Peterson March 29, 2004 City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 23 I • funding. Some of the incidental costs can be assigned directly to one of the benefit components in Appendix "E". as shown These costs that cannot be assigned directly to any one of the benefit components and therefore have I been separated into a separate component for purposes of defining special benefits and allocating costs on a pro-rata basis relative to the improvement costs associated with each parcel as shown in Table 1 of I Appendix F. The financing costs (bond discount and bond reserve), including capitalized interest, have also been assessed on a pro-rata basis'relative to the improvement costs associated with each parcel. I E. PROCLAMATIONS I E-1 Assessments are equal to or less than the proportional special benefit each parcel receives I The special benefit received from the Assessment District improvements exceeds the assessment allocated to each parcel. The improvements provided will increase the value of each parcel by more than the assessment levied I upon it. To ensure that the assessments will be equal to or less than the proportional special benefit conferred, a review was made of similar properties in the vicinity. Comparison of recent sales records indicated that I the average price per square foot of raw land increased in an amount greater • than the costs of the assessments per square foot after backbone roadway and utility improvements were in place. E-2 Reasonableness and Justification of Assessments It is well known and understood by the development community that public I infrastructure is required for raw land to develop to its highest and best use. After the passage of Proposition 13 and Assembly Bill 1600, developers and investors realize that they must provide the public infrastructure to I support their developments without burdening existing properties. The Assessment District improvements are estimated to add 7% or more value to each parcel's overall value. A review of other developments has shown I that this percentage is consistent with the costs of providing backbone access and utilities to raw land in similar developments. Therefore this Assessment levy is reasonable in relationship to the added value the I improvements provide to the parcels. E-3 Future Apportionment of Special Benefit I Special benefit will accrue to each parcel created by the subdivision of the property within the Assessment District. Since certain existing parcels within I the Assessment District will not, at the time of formation of the Assessment , District, have been subdivided into final lots, the initial assessments established at the time of formation of the Assessment District will be placed I I Prepared by Galen N. Peterson March 29, 2004 I I I City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 24 I • in the aggregate on the assessors parcels existing at the time of formation of the Assessment District. An assessment levied on a parcel existing at the time of formation of the Assessment District will be apportioned among those parcels created by the subsequent subdivision of such existing parcel. Assessments apportioned to any parcel created by the subdivision of an I existing parcel which is to be owned by a public agency (each, a "Public Parcel") or a non-profit 501 (c)(3) organization (each, a "501 (c)(3) Parcel") or a home owners association (each, an "HOA Parcel") must be paid off in full I prior to the recordation of the final subdivision map creating such Public Parcel or 501(c)(3) Parcel or HOA Parcel or contributed by the Developer as a reduced purchase price for improvements to be acquired pursuant to the I Acquisition/Financing Agreement. The City shall not provide to the owner or subdivider of such existing parcel a certificate as required by Government Code Section 66493(f) for any subdivision certifying that the City Council has determined that provision has been made for the segregation of the I responsibility of each of the proposed new parcels for a portion of the assessment unless payment in full of the assessments apportioned to all Public Parcels, 501(c)(3) Parcels and HOA Parcels created by such I subdivision has been received by the City or otherwise contributed as described above. I It is the City of Carlsbad's policy that final lots that receive similar special benefit also have similar final assessments. If the future subdivision of any planning area does not yield the estimated number of dwelling units, the City I reserves the right to require upon application of assessment reapportionment, that a portion of the outstanding assessment be paid by the property owners to ensure that the assessments remain consistent within and I between the planning areas as further provided in the Acquisition/Financing Agreement. All reapportion ments will be subject to City of Carlsbad policies and procedures. I FINDINGS AND DETERMINATIONS OF ASSESSMENT ENGINEER I The undersigned, Galen N. Peterson, hereby finds and determine as follows: A. The proportionate special benefit derived by each parcel proposed to be I assessed has been determined in relationship to the entirety of the costs of the improvements to be funded from the proceeds of the bonds issued for the Assessment District and the cash collections. I I. I I B. No assessment is proposed to be imposed on any parcel, which exceeds the reasonable cost of the proportional special benefit conferred on that parcel. Prepared by Galen N. Peterson March 29, 2004 City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 25 I • C. Only special benefits have been assessed. I D. Parcels within the Assessment District that are owned or used by any agency, the State of California or the United States and which receive a special benefit from the improvements have been assessed accordingly. 1 In conclusion, it is my opinion that the assessments for the referenced Assessment District have been spread in direct accordance with the estimated special benefits that each parcel receives from the improvements. Dated: 'day of /I4 c.q' , 2004- I /N.PEZON7 ' R.C.E. No. 18,364 (Expires 06/2005) ' ASSESSMENT ENGINEER CITY OF CARLSBAD SAN DIEGO COUNTY STATE OF CALIFORNIA I I I I I I Prepared by Galen N. Peterson March 29, 2004 I I I 1 City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 26 1 0 1, LORRAINE M. WOOD, CITY CLERK of the CITY OF CARLSBAD, CALIFORNIA do hereby certify that the foregoing Assessment, together with the Diagram attached thereto, was filed in my office on the / 7 i day of I /i14Ay,20O*. I L(X<' CITY OF CARLSBAD I STATE OF CALIFORNIA I, LORRAINE M. WOOD, CITY CLERK of the CITY OF CARLSBAD, I CALIFORNIA do hereby certify that the foregoing Assessment, together with the Diagram attached thereto, was preliminarily approved by the City Council of the CITY OF CARLSBAD, CALIFORNIA, on the / 2001. 4~A-_YILC I CITY OF CARLSBAD STATE OF CALIFORNIA I. I I, LORRAINE M. WOOD, CITY CALIFORNIA do hereby certify that the Diagram attached thereto, w Council of said City on the 200 CLERK of the CITY OF the foregoing Assessment, s approved and confirmed day of ______ CARLSBAD, together with by the City fl Li CITY CLERK I CITY OF CARLSBAD STATE OF CALIFORNIA I I, GLENN PRUIM, Superintendent of Streets / City Engineer of the CITY OF CARLSBAD, CALIFORNIA do hereby certify that the foregoing Assessment, together with the Diagram attached thereto, was filed in my office on the I dayof SUPERINTENDENT OF I STREETS /CITY ENGINEER CITY OF CARLSBAD STATE OF CALIFORNIA I I Prepared by Galen N. Peterson March 29, 2004 I 1 I Eli I [1 I I I I I I I I I I REVISED SPREAD AMENDING ASSESSMENTS 1 EXHIBIT 3 11 REVISED SPREAD AMENDING ASSESSMENTS ASSESSMENT DISTRICT 2002-01 (POINSETTIA LANE EAST) BRESSI RANCH; CARLSBAD TRACT CT 06-24 CITY OF CARLSBAD SAN DIEGO COUNTY DATE August 15, 2008 PREVIOUS ASSESSMENTS ASSESSMENT ASSESSOR'S PARCEL PARCEL ASSESSMENT OWNER OF NO. PARCEL NO. DESCRIPTION ACREAGE AMOUNT RECORD 15-1 213-191-02 CARLSBAD TRACT CT 03-03, LOT 5 14.15 $2,255,596.69 LNR CPI BRESSI RETAIL, LLC TOTAL 14.15 $2,255,596.69 AMENDED ASSESSMENTS ASSESSMENT ASSESSOR'S NO. PARCEL NO. DESCRIPTION 15-1-1 UNASSIGNED CARLSBAD TRACT CT 06-24, LOT 1 15-1-2 UNASSIGNED CARLSBAD TRACT CT 06-24, LOT 2 15-1-3 UNASSIGNED CARLSBAD TRACT CT 06-24, LOT 3 15-1-4 UNASSIGNED CARLSBAD TRACT CT 06-24, LOT 4 15-1-5 UNASSIGNED CARLSBAD TRACT CT 06-24, LOTS 15-1-6 UNASSIGNED CARLSBAD TRACT CT 06-24, LOT 6 15-1-7 UNASSIGNED CARLSBAD TRACT CT 06-24, LOT 7 N/A UNASSIGNED CARLSBAD TRACT CT 06-24, LOT 8 TOTALS Total Assessments $2,255,596.69 Total Square Footage 122,960.00 Assessment Amt./Sq. Foot $18.34 Per the Engineer's Report, this spread of assessments is based on building square footage. Parcel 8 is a slope parcel with no buildable area, and will have no assessment placed on it. PARCEL BLDG ASSESSMENT OWNER OF CREAGE SQ FEET AMOUNT (1) RECORD 0.618 5,000 $91,720.75 LNR CPI BRESSI RETAIL, LLC 1.253 12,950 $237,556.74 LNR CPI BRESSI RETAIL, LLC 0.559 4,640 $85,116.86 LNR CPI BRESSI RETAIL, LLC 2.367 25,030 $459,154.08 LNR CPI BRESSI RETAIL, LLC 1.927 20,730 $380,274.23 LNR CPI BRESSI RETAIL, LLC 1.325 10,780 $197,749.94 LNR CPI BRESSI RETAIL, LLC 3.901 43,830 $804,024.09 LNR CPI BRESSI RETAIL, LLC 1.77 0 $0.00 (21 LNR CPI BRESSI RETAIL, LLC 13.72 122,960 $2,255,596.69 PCar)sbad\3205094-11)CT 06-24 Prepared by Wilidan Financial Services Page 1 of 1 I n H I H 1 I I I I I E I I TRACT CT 06-24 I EXHIBIT 4 I BRESSI RANCH COMMERCIAL COUNTY OF SAN DIEGO, STATE OF CALIFORNIA BE HE UNOERDICEES BEING ALL THE PARTIES HALING RECORD TITLE INTEREST 04 THE LAND COVERED BY THIS MAP, DO HEREBY CONSENT TO THE PREPARATICIR AND RECCOHOAITCXA CE THIS ALAN AS IRlOAN MINN THE SLIBDJ BREW BOUNDARY LINE ME HEREBY CJAAWT TO THE CITY CE CARLSBAD THE DENEHAL UTILITY AND ACCESS EASEMENT OVER PCINTTCEAS CE LOTS T, 2, 5 4. 2, 6, 7 AND I. ALL AS 580(84 UN THIS MAP. A PORTION CE LOTS 4 AND 5 CE CARLSBAD TRACT CT 03-0S IN THE CITY CE CARLSBAD. COUNTY CE SAN DIEGO STATE CE CALIFORNIA ACCORDING TO THE MAP THET?GCE NO TABOO ON FILE IN THE CBYTCE CE THE COUNTY RECORDER CE SAID CWNTC MAY 21. 2004, AS AMENDED BY CERTIFICATE CE COMPLIANCE RECORDED AUGUST 24. 2007 AS FILE NO 2007-05ES78CI TEFTCIAL RECORDS A pogrIoNoF,4ccEs5A'IDHm ($EE5HEfT3Al05NEE74) . AREA. I6.601,ACREB TOTAL 6JL/APIDEROEo150.B RIBDIRRON WARANTEX 811 FIRST AMERICAN TITLE COMPANY. ORDER NO FIGS 3(0)250 DATED OCIT.WDR 24, 2007 .APP$EDLW AS Ill PODIM 1145 RE .. CITY ATTORNEY BIT ________________ " RONALD N. BALL ATT DEPUTY CITY FILE NO iam- CQ5 15 L47 COUNTY RECORDER CE INE COUNTY OF SAN DIEGO, AY THE REENIOS LFAREGCRYIIRETH.COUN STAIr OF CAUFORNK HEREBY CE310TT THAT HALL ACCEPTED FOR A OCLOCK I7IEOORT J. 911TH 2O.Q T EO;Vr COUNTY RECOFATER N'JIT HERD,ISF,SIPLOLIN1.IL __ Mo 1p t)_ $?"GL 5/ DEPUTY I LORRAINE M. PEal, CITY CLERK CE TIE CITY CE CARLSBAD. STATE CALIFORNIA HEREBY GIN lIFT THAT THE COUNCIL CE SAID CITY HAS APPROVED THIS MAP CE CARLSBAD TRACT CT 06-24. CONSISTING CE 5 SHEETS AND DESCRIBED IN THE CAPTION TIIERECE. AND HAS ACCEPTED ON BEHALF RE THE CITY CE CARLSBAD THE GENERAL UTILITY AND ACCESS EASE/JEllY 0104 PORTIONS OF LOIS 1.554. 5.6,7 AND aTHE FELJ/JLIJTSIMENT CE ABUTTER'S RU/ITS CE ACCESS IN AND TO 10801 GARDEN ROAD AD.IACE/IT AND CONTIGUOUS TO LOTS 2 AND 4 AND OR AND TO 1INNIL.4 PLACE ADJACENT AND CONTIGUOUS TO LOTS 2, 3 AND 4 EDCEPTIND THEREFROM THE ACCESS SNENINDS. ALL AS 5410(84 ON THIS MAP PIJYIlUAsIT 111 OECTIOI.L (HE419.W1/E Cf TIlE GELEDII/IXISLJ FlAP C.Y, TIlE YILI'JCXOITThIHTIAP Il/IT1400T p.45 WIV1OTT/El1SLLDU/lY1C COTRXTIISITEU rops'Io SE .CLIC.% 6.IONTElTCI COSEAT'l)ADANCITOIP.E+I PPINLN s/AY P.Il P,TELNcUIX.IElL' p'S(S. r'loJ' 445. l4bO. - - - - - - - - - - - - - = - - - - SONVNIOO DNIG1Ifl8 IO NOISIAIUflS 1VOO1 HuM Aid VIO3 avnssvMA P Nfl 1568 9 SHEET 1 OF 5 SHEETS Of HIRERS RELJNOIIIIDI TO THE CITY CE CARLSBAD, A MUNICIPAL CORPEWA DISH ALL ABUTTERS' RENTS CE ACCESS IN AND TO TDNOI GARDEN ROAD AD.I4CETAT AND CUNTTGIIOUS TO LOTS 2 AND 4 AND IN AND TO FTNNILA P1.4CC AAIACSNT AND CYIETTGLJWS TO LOTS 2, 3 AND 4 AT THE LOCATION 910(84 INREISH EXCEPTING TIBREFREM THE ACCESS OPEXONGS ALL AS SHOW UN THIS MAP. 1/ER UN BRESS RETAIL LEG A CALIFORNIA LIMITED LLABILJTY COMPANY AS DRIER BY. 1/ER UN R&D HOLD/ORS 11G. A DELAWARE LIMITED LIABILITY COMPANY. ITS MEMBER BE LNR COMMERCIAL PROPERTY INIRS TALE/IT FUND UNITES PARTTEERRIIP, A DELAWARE UNITED PAR TNERRIIP. ITS MEMBER 811 1/dR UN PU/ED CI', LEG A DELAWARE UNITED LIABILITY COMPANY ITS GENERAL PARTNER R. LAND EOTTREL.L BCE PIEDOuRIT BRESID GARDENLANE. ILC, A DELAWARE UNITED LIABILITY COMPANY AS BENEFICIARY LINGER 0(50 SE TRUST RECORDED MAY 26. 2004 AS INSTRUMENT Na 2004-0495515 CE SETTISAL RECORDS BREW 0466ENLAI4C LLC. A DELAWARE LIMITED LIABILITY CTBAI'ANT BY. LLNNAR/TJER CAWING PALOMAR, LEG A DELAWARE UNITED LIABILITY COMPANY, ITS AGMI/AISTRATILE MEMBER 811 LENNAR HOlMES CE CALIFORNIA ORG. A CALIFERT,6A CORPORATION. IT'S MANAEW (NAME) 0h...l t" (TITLE) t/' THE DISNASIRES CE THE FOLLOWING PARTIES NAMED HAIL BEEN OMITTED LINDEN THE PRO IGCNS CE SECTION 66436, SUBSECTION (oX3XA)(i-LII) CE THE TOBDIBIDON MAP ACE THEA? INTEREST IS DEEM THAT IT CANNOT RIPEN INTO A FEE TITLE AND SAID RYJIATLIRIS ARE NOT REOU&'lED BY THE 01)5054/Al/AG BEME I. SAN DIEGO GAS AND ELECTRIC COMPANY HEWER CE EASEMENTS RECORDED NOILUBER 7. 2003 AS INSTRUMENT NO. 2003-1351662 ARID OCTOBER 15 2004 AS INSTRUMENT NO 2004-09801187 ALL CE OFFICIAL RECORDS S PACIFIC BELL TOLEPTIONE COMPANY, ERA SEC CALIFORNIA HOLDER CE AN EASEMENT BELER000 AlLY T& 21736 AS INSTRUMENT NO. 2005-0602587 CE OFFICIAL RECORDS 3 THE CITY CE CARLSBAD, HOLDER CE ABUTTERS BIGHTS CE ACCESS PER MAP NO TABOO HOLDER CE RESTRICTED RI/IT DISTANE CORRIDORS PER MAP NO 14600 AND HOBO CE A PUBLIC STREET AND UTTUTY EASEMENT RECORDED MARCH 24 2007 AS WSTRL/JDLVT Na 2007-0200607, CE LB'PTOAL RECORDS STATE CE C IYGRNIA COUNTY Of jSS ON oir BEFORE MS .L 09 - A NOTARY PUBLIC, PRRSSIALLY APPEARED - , PERSONAllY ITROY#I TO ME .66 ,RNRN€N-.,. ,, ....IB3 RE SARREICYUTY OLBERIRE - IV RE DIE PERSCIN?S) NAME( ., t ID/ALE IRIBRIINW TO Till RTTIL'I INSTRUMENT 4)10 ACEIIORI,WIXD TO ME THAT IIT/91€y'THfY EXECUTED THE SAME IN IlIS/IIEN/TIBOR AUTHORIZED CAPACIIW).1S) AND THAT BY HIS/HER/TN/lB GIONATLLRE('S) ON THE INS TRIRAE/IE THE PERSOON(6) UN THE ENTITY UPON BEHALF CE (8401 THE PERSON(S) ACTED. (SECT/lED THE INSTRUMENT. WITlESS MY HAND PAR/AT NMBU MY COMMISSION EXPIRES ON AAWAL4 iOl1_ MY PRINCIPAL PLACE CE BUSiNESS IS IN 1LQfl _.. CD(IMTY STATE CE CALIFORNIA COUNTY CE.2C..J.1O J5S ONIG0,J1.2L BEFORE MS A NOTARY P1181/C PERSONALLY AEARW..MLIL..kLAPEINIB3ME........_. AND _________ ____________ PERSONALLY KNOWN TO W..,ER ID RE THE PERSON(S) lNoz NAME(S) IS/fE SLIOSE3RBED TO TIE RI1EN INSTRUMENT AND ACANOIREDIRD TO MC THAT HE/RIME/DIIEY EXECUTED THE SHALE IN HIS/IAM/THINR AUTHORIZED CAPACITY(IES,) AND THAT BY IBS/HORl/TINBIR SONATORE(S) OR THE INSTHUMENT. THE PERSON(S) LOT THE ENTITY UPON BEHALF CE 00001 THE PELEWI(S) ACTED, EXECUTED THE INS TTALIMENC RITNESS MY HAND PRINT NAME, Dehist 4c4i'fl... -. MY COMMISSION EXPIRES MY PRINCIPAL PLACE CE 8119/6.55 DEW COUNTY SN CS: a701gop " BE COUNTY TREASURER-TAX CCB.LECILD? CE THE COUNTY CE SAN DIEGO.STATE CE CALIFORNIA AND DIRECTOR, DEPARTMENT CE PUBLIC 000615 CE LAID COUNTY. HEREBY CERTIFY THAT THERE ARE No UNPAID SPECIAL ASSESIMIENTS OR BENDS IICII MAYBE PAID IN P1111. 91066 BY THE 61104(5 CE OUR OFFICES, AGAINST THE TRACTOR SUBDI BROil. OR ANY PART THIRECE, BIOMWJ ON THE ANNEXED AuRAl AND LOW IN THE CAP lION THEREOF . Al .11 DAN I11AIJ.I5IER BIT COUNTY TREASURER- TAD COLLECTOR! ElATE ,GIN L. 5815(54 BY., DIRECTOR CE PUBLIC NUIJIS GATE I HAROLD V. MISHERRY, CITY TREASURER CE THE CITY CE CARLSBAD. STATE CE CALIFORNIA HEREBY CSRTTFY THAT THERE ARE NO LIENS FOR UNPAID CITY YATES 00 UNPAID BONDS ISSUED LINOW ANY IMPROLLAECNY ACT EN AIPRELOZENT BEND ACT CE THE STATE CE CALIFORNIA 9101/JO ON THE BOORS CE THIS OFFILSL ERYLPY TADES NOT YET PAYABLE AGAINST THE TRACT ON SUBOIWRGNN, 011 ANY PART THERECE. 5440801 ON THE ANNEXED lIAR AND DESCIRBDD IN THE CAPTILW THISECE. LLYCE NII. 2010P/ HAROLD V. MISIIERRY BIT CITY TREASURER ' DEPUTY I. THOMAS I PASTOSZXA. CLERK CE THE BOARD CE SUPER IASCATS CE THE COUNTY CE SAN DIEGO CALIFORNIA. HEREBY CERTIFY THAT THE PROVISIONS CE THE 91800 119171 MAP ACT (DILABCW 2 CE TITLE 7 CE THE OOLBRNMENY CalF) REGARDING (A) 00/DIRTS FOR TAXES AND (B) IXRTIFTCA lION CE THE ABSENCE CE LIONS FOR UNPAID STATE COUNT'S MUNICIPAL EN LOCAL TAXES EN 9'ECIAL ASSESSMENTS C011ECTED AS TAXES EXCEPT THOSE NOT SET PAYABLE HAIL BEEN COO/IRS (11TH. THOMAS A PAGTUSITLA ISIRK CE THE BOARD CERJPERITSORS I. GARY L. HUS A UCEIRDEV LAND SURILTVR CE THE STATE CE CALIFORNIA HEREBY STATE THAT THE RIRILY CE TIlTS DIIBOAW9I74 WAS MADE BY ME OR UNDER MY DIRECTICRI IN ,IJLY 2001. AND LAID SURVEY IS TRUE AND COMPLETE AS 54400114. THAT THE MLWLIMENTS CE THE CHARACTERINDICATED HARE BEEN SET OR P01/ID AT THE SUBS WSE.74 BOUNDARY CUNNERS AND I IMU SET ALL OTHER MONUMENTS LIP THE CHARACTER AND AT THE POSE TIOR INDICATED BY THE LEGEND IN THIS MAP (8004 30 OATS AFTER THE COMPLETION CE THE REDIJIRED IMPROVEMENTS AND ACOU'TANCE BY THE CITY CE CARLSBAD. AND $501 MONUMENTS ARE DII NILE RE SUFVTCIENT TO ENABLE THE IRJRILY TO BE RETRACED (SEE LEGEND ON RICET NO 2,). I.AHO /8-o'8-27 GARYL HUSU'LS 7019 DATE MT REDS TRA ZIONEXPIRES 06/30/08 I, ROBERT C WINDFAll. .61. CITY ENGINEER CE THE CITY CE CARLSBAD. CALIFORNIA HEREBY CERTIFY THAT I HAVE EXAMINED THE ANNCIED AL/F CE THIS SUBS WREN 10 BE RNORI AS CARLSBAD TRACT CT C6-24. CONSiSTING CE 5 SHEETS AND 0(5011819 TH THE CAPTION T1IORECE AND HAVE VOWED THAT TIlE DESIGN IS SuBSTANTIAlLY THE SAME AS IT APPEARED ON THE TUIRTA TILL AMP AND ANY APPROVED ALTERATIONS THEREOF, THAT ALL THE PROWBONS CE THE SIJBEII&OON MAP ACT CE THE STATE CE CALIFORNIA, AM) ANY LOCAL ORDINANCE CE SAID CITY APPLICABLE AT THE TIME CE IKE APPROVAL CE THE TENTATIVE MAP HAIL BEEN CFAAPLJED (8TH. AND I AM $ATIRTED THAT SAW MAP ID TECHNICALLY CCY. I HEREBY APPROVE AND RECOMMEND SAID MAP. ROBERT C JOHNSON, .1?. CITY ENGINEER R.CE 28512, CAP. 3-31-2008 BIT . S DA5E,'7,-E' IWIN00IN DO. $41.10 I DON NDU, SECRETARY TO THE PLANNING COMMISSION CE THE CITY CE CARLSBAD, HUBERT CERTIFY THAT THE TENTA TIME MAP CE CARLSBAD TRACT CT 06-24 HAS BEEN SLIERITIECI TO THE PLANNING COMMISSION FOR REPORT AND RECOAAILNDA VON. DON NW SECRETARY CE PLANNING COMMISSION 811 DATE____________ CITY OF CARLSBAD CT 06-24 PROJECT DESIGN CONSULTANTS PIRflRiRS I Lor.d000poA,thleolulo IEr11in000n9 IO..Avoy - . CALIFORNIA COORDINATE INDIGO 825-1988 CR/CRAY P TORI GARDIT/J PARADISE WAY - - - - - - - - - - - - - - - - - - s33NvNIalo 9NIilfl8 dO NOISIAIO8flS iv3Oi HuM Aid VJOD ION AVVU SiOdVd NMOHS viva HI O A3Vdfl33V HI dOd LNflSSV MAP NO. 15689 Qlu IJ II fl.#fl 6-24 SHEET 2 OF 5 SHEETS LOT ' ES LOTS TO WN GARDEN ROAD CARLOBAD TRACT CT 03_0, MAP ND. 14800 F ' Il -' N0824Orw 0-2002 ( 30 N 7,992551.267 C 6254.088223 FOUND SAN DIEGO COUNTY ENCANEEROIG DISC IN CONCRETE SIDEWALK MARKED 'S/IONS 47 HPTOA AZ /992' Irl AS All AA11H M IN 47771 005 74878 4=09V1'41 __ MAP 746017 / II LHAP.27 COORDINATES 910* ARE PER SAN DIEGO COUNTY HORIZONTAL 0087001 BLUE 1 46307; - 57/9017566 BOUNDARY .1 ' 58' LOT 4 , CARLSBAD TRACT CT US-N' ' M6UY i N67"51, 9'w 40465' 2 ci SEE SHEET ,\ 4 BRESSI RANCH COMMERCIAL - - 0 ' / '/ 'ES 5276' PER MAP NO 74800 0400,4 YES 3/4' IRON RIPE 47771 DISC MARKED 'ES 5270' PER MAP NO. 74804 00207 47711 2' 0 24' IRON PIPE 6B' • - NTH BRASS 0150 MARKED LS 7079 (0) OJISCA YES RADIAL BEARING R=20150 (POE) INDICATES FEINT IT REWORK CURIE .76 (FCC) 04/50,4 YES POINT SC COMPOUND CURIE 7 INDICATES LOT NUMBER INDICATES 6E57700700 S/COlT DISTANCE CORRIDOR AREA INDICATES LDTHGIOAL L/IILJTT AND ASS EAGOMONT 07,476700 7160(08 - .11 6710/CA YES 657517N0 pt/HOC s,rr AND UTILITY EASEMENT (6876/LA 4 PlACE) RECORDED 44,46751 270 2007 AS LOSTRIPMONT NO 7 .5-, 2007-02013097. OR INDICATES DUSTING EASEMENT IN YAltA? SC PACIFiC HELL TELEPHONE COMPANY FOR COVMUNICA 1708 FACILITIES RECORDED .7/tV 78 20(10 AS 6457777/MONT NO. 2005-0602587, O.R. 975 INDICATES COSTING EASEMENT IN FAVOR 01' 20GMO FOR Al No3o7'3,rw UNOERIIRDI.888 ELECTRIC AND CTIJMLINICA 17014 FACILITIES RECORDED 48'766029'03'W 0070868 701 207724 AS LNSIRUMENT NO 2654-0980687, OR. 269 19 70205 NSOW'S6'66 INDICATES ES/STING HESIP,IC7W S/C/IT DISTANCE 67.42', 71 N89 1 51/8076908 BDIJNOARY CORRIDOR AREA PER MAR 746110 37.06 PARCEL B CERTIFICATE OF COMPLIANCE L. RECORDED AUGUST 24, 2007 LOT IRDICA YES SLJBDIIISCW BOUNDARY 06 006. 00, 2007-0562781 INDICATES UNITS SC SHEET (774/S 91(07 ONLY) 765097'38 R 3000' CARLSBAD TRACT TA17CW7ES IN/BOA YES ABUTTERS 8/5475 SC ACCESS RWNOUTS/IED HOSES/I CT OS-SB gOAD '589- I' MAP 110. 14600 S`OW INS MAP _______ /761564 YES ABUTTERS 970875 SC ACCESS RDTJNQUI01IDD - - st L.8211 I. ALL LOT CORNERS ESCOPT AS DESCRIBED BELOW HILL BE MONLMENTES BY A PER MAP Na TABOO )l/'WY)L 3/4LBAMEIER BY 78' /6074 PIPE 04/771 DISC MARRED LS 7079'ONA LEAD -O0'3,257.887' AND 876,455 DISC 6,498072 'ES 7019' SET IN A PERMANENT HARD 9.JRFAISE. 2. LOT CORNERS ALONG lYlE S/DOT/MOO SC GEDICA lED STREET RIOIT-SC-WAY V/CIWY884P HILL 006086668700 BY A LEAD 04 BRASS DISC MARKED '50 7079' 017 ___________ ALONG AN (5768906 FT THE LOT LINE AT AN OFFSET SC 7.00 FEET IN THE A pA//MAR .t NO SCALE N SIDEWALK THE S/PS/I SHALL 00 MEAN/ROD RADIALLY, OR AT RONT ABCAAS 70 710481087-SC-RAY. 3 ALL P007675 SC CURIE SC THE SIDELINES SC DEDICATED STREETS HILL BE \ .•. MOSVMDIIITD OVA CISC STAMPES 'IS 7019',SET ATAN OFFSET 7.00 RKED O L~,14.0070* LOT 14 N COUNTY OF SAN DIEGO, STATE OF CALIFORNIA THE 604715 SC BEARINGS FOR Ill/S 01/RIfT IS THE CAL/FOR/MA COORS/NATE 575768, NAD 65 ZONE 70 AND WAS ESTABLISHED 6(177(6/I STAINS/I 0-2002 PER ROS 74023 AND STATION 08019-47 ESTABLJSHOD BY 1704 COUNTY SC SAIl DIEGO PER SAN 0/EGO COUNTY HORIZONTAL CONTROL. ROW, AS S'lOY#1 ON CARL/MAD TRACT CT 00-181, MAR NO. 74604 10 88S/ES5'W. PROCEDURE OF SURVEY OF 0040 0-2982 QUO TO BEARINGS FIlCH 0(0770476CC MAPS MAY OR MAY NOT BE IN 708165 SC N 7,092504.64-4 C 6,256578 727 FOUND 2' BRASS 0/SC IN' CONCRETE SIDEWALK STAMPES 'HIINSAKER 04 ASSOC 01'S 00767001 1711 COMBINED SCALE FACTOR AT STA 7708 V-2002 IS LI 996944479. PONT 20.02 7992' PER 0710 DISTANCE 7001/ND DISTANCE, COMBINED SCALE FACION. ALL MEASURED 985 14053 04 MAP 74608 DISTANCES SHORN HEREON ARE 080190 DISTANCES 7104 MAPPING ANISE AT STATI V-20022 IS -D'32'5I.BBI". A INDICATES WILL SET STREET SURVEY MO LOT 20 NUMENT / 000 STANDARD ERA HING H-IS HARKED 'ES 7079' CARLSBAD TRACT CT 00-05 0 I'tTOCA 105 HI0L SET 2'524 SON ' FR 77771 BRASS DISC 072JYJU'EJLRL MARKED 'LB 7078' *2. MAP NO. 14600 N/A 5230'(LHI £ INDICATES FOUND STREET S/JR/KY MONUMENT MARKED '55 5278' PER MAP NO 74600 Lp,=70.10'DD2'I8'54' R=670 ® IN4 YES 6890 2' IRON PIPE 4770 DISC MA 1 SEE SHEET 4 L42.46' 7 I . 5 "VmS I. TOTAL NUMBER SC LOTS - 8 CCHJMEROAL LOTS' ARE LOTS I THROUGH 8 2. 080 INDICATE FIRST AND LAST LOT 856607601 NEONECTTIELY .0 TOTAL AREA 76.667 ACRES 4, ALL DISTANCES 910471 47080/liT DECIMALS RDPFA58NT DISTANCES TO HLIRAIEDIHS 00 A FT0E SOiS ORT AV7E. A 001.7 REPORT FOR 771/U 5580/OS/ON WAS P0(0,4.800 BY LDIDIITEBI 04 ASSOCIATES DATED JANUARY 25, 2007, POE/IEEE NO 977008-047, AND IS ON PILE 47771 lYlE CITY 00 CARL/MAD. -1 THE 00P98I '" 06 IILARM77tAJ 770407U7. EERIE • ()swwrm FT I s AV CLSIIERTXNCE ANISE AT HIS 1710 THE 0410767 SC THE 17100100CR TO CON/El' ON HER TOTAL INTEREST fEcr • SEt y_ It • 0 50 , ________________________r BA THE PRTO'ERTIES 910471 ON THIS MAP 875676 THE 1044W BLITEHR, INCLUDING ANY RE 16/69 OVARY RI/SITS THAT MAY ES/ST HIT/MN AO,EJNLNC PUBLIC STREETS ________________________ ON AL/ASS IT /S NOT TIlE INTENT OF THIS MAP 70 502081 7704 LDISOHAIE - - - - J IIRAPYIICRL SCALE RIGHT SC 0171005 4710 MAY HAKE A 01,416 70 THOSE REVERSIONARY 6708 75 SCALD I' - TOO' 94601108 80701 CONIEYANEES PROJECT DESIGN CONSULTANTS CITY OF CARLSBAD CT 06-24 PIonflir41 7107510000. A1970001771, IEnU0004nB I SlIT/NV ., CILJFONMA COORDINATE INDEX 625-7988 LINE 7487,7 LINE LEI4CIH BEARING L65 20.00' N19'38'4? 'E 166 29.64' N7077'I9WI 167 11.20' N79'38'41E I 1.66 32.041 N7021'79W L69 7.77' 686 52'33'E I 170 000 NO.367271,1 1.77 7.77 58552'33'Ej 172 26.56' 6339440t I .73 26.56' N334'40E 1.74 7000' 6566030J [75 42.77 N1449'1410 I [75 1 4212' 68718'46'E I 1,77 76.64' 626745JEJ 1,78 4.70' 674'46.30W I .76 7.86' N0JpJ 6 - - - - - - - - - - - - - - - - - 'S33NVNIOdO DNI07IflB NO NOISIAIQ9flS ivoOl HIM A1d(NOD iON AWIAI NAAflH wivci i-ii iO A3VXflD3V HJ. OLNSSV MA P W0 15 6 89 SHEET 3 OF 5 SHEETS 90908956 8566497 BRESSI RANCH COMMERCIAL COUNTY OF SAN DIEGO, STATE OF CALIFORNIA L--fa"' 2 64. 07 S 1-7574 51020 % R-26400' % "-.. 14271720'E(R) 1-47.654. 8 4.. I DETAIL 'B' NO SCALE CARLSBAD TRACT MAP NO, 14555 089 -, I—. IO.219'lO 11-1 oa 8386,00' 4I N8938lo'E( , Lçpäil\ 02 l 148652 4=05'46'22' [34 I Cr1 1.38789' '2050' o. 5 2 D 60- 7.253 AS 942745'38 N54'38'5'Effi2367AES 30 841 S05'22'7 ["0997 9254T 40 72,64' L ....fl- NO.03 / F 64 99' i 77.00 N058'28R) 953 VFO31BR) 7 B 654L - 17.56' p24 67'Jw ,1j5' B 905f94[ 34475' Si 12673' 70, 2 4 - - la&oo* 311 'B DETAIL 'A' j -0032*51.M' TOWN N GARDEN ROAD • 1.2 -90 TOM WMAl ROAD L. NOSCALE 0€LSCAIW 729 LOT 3 L25 C13 .'T22 L24 NAP 1411 t4wo CARLSBAD TRACT . 1,24 MAP N O. 14900 CT. 03-03 N II) 9W9INJ BININDARY C1IN8987l4 ANGLE AT 'B .'-42- 574, 8-2002 7— 118L 08 0 00 80 90 120 69652'27"t 785' GRAPMCAL SCALE [79 SCALE 1, -96. DETAIL 'C' NO SCALE N PROJECT DESIGN CONSULTANTS , CITY OF CARLSBAD CT 06-24 Planning I LwdscWeAmh0ot" IEnn.o0n IS,8.5 :: CALJF41A OXS7DDIA1E INDEX 628-'1986 - - - - - - - - - - - - s2oNvNIaJo 9NIO1Ifl HO NOISIAI8flS 1V301 HIM A1dV1OD ION AWJ S133dVd NMOHS V.LVQ 3H.L dO A3VdI133V 3HJ. dOd a3vJnssvMAP NO. 1 i b 8 ArIJJML~)~biqbivpal AD I7J dU7I I U IUUt06- T IMJ. SHEET 4 OF 5 SHEETS BRESSI RANCH COMMERCIAL COUNTY OF SAN DIEGO, STATE OF CALIFORNIA LDVE TABLE Doo Go jpl 1411, CONkERGENCE ANGLE AT L7 L39 Jo 65TA V-200290 1.00' [AM5254E I L40 LOT 20 L451 Z86' IN5.37949'Ni 03 Z75- M86-52-34L Z _ 'HI' NWW L46 a26, I Nj6,jo*ttr Li4 taw' momlw'w 35 40, U6 22 7r 49 L17 NS6WSE 48 63930 lIT 15D6,5 too' 700' MWW49W 08 22.46' N853254T L50 6.00' N35301 T 1 40-14 4IL;2 76 779 097 N030758W L57 2151 NJ630IIT I _' 26,7,' 720 750' 7J54 (52 772 65329498 / 9863254S _) 72? 697 NOJSS'008 53 902' 6363077'S I - -i2üb' - (22 5.00' 60,30706 '8 54 7.27' 145329'49'W E 72 25 LOS 469 27 723 57.28' 9030706'W 55 57 9485247T 986'52'04S ' .,1L=,.L53 i0' , 7" " -- 724 70072' 740307'06'8 54.88' 58278'47W L 02.04 907' / '' 84 • 24,58' 9865204'S 72.07 9843056'S çV\72, "L " "' 1558 (20 77.39' N0307'06'W 4896' 90307'06'W (20 g 966325 50 6k•" + •,,40 2&O,5'cipJC 8' 727 27.74' 936'30'7IT 75.0?' 9863254'S - — 5, 5857 ' • Eiè 5.0?' 95379'4EW 7500' 9865227'S -F ' 729 826' 9362677'S 19. ml 24,73' #485247'S 3 I 24' " 94007545'S , is, / iTo , 54;, N5-3'2949"W - 7983f54( R' . / 2 z9478 I 1 (. Ljf12 410' 95339'49'8 5, PR 1.770 ACRES L.. 50648 TABLE '11648 W4GIh P&L0 iI . " !" 5 (42 717.0 ' 9563254 47 - ' 7 50 — L — —/ 00' 0737*45v j'Do 3.' 777.6 3.88/ASSES / '/ 74 63.03 33008 705626' - - - -— - Li ,54-24 ?/ Lot 16 1'> (" i MAP NO. 14500 Ui61 ' L7j L7 9Do L 0 7 %/ r', \- .4, / /_508t0w164 801575467 LW o / o=2,r4257 5 s 4"555,J' r 7.927476111 -7ajrLIl2/P.>Ll2 No632r . / I - 702.3(7 / 77.38 6-235.00' - - - \ / 7 8857'3'S-3 ç , L-6028'- I \I'L74 #780.3'23'4(R) $Ol64 68632'2 1j 7862 - - - (2964 • 989395316 702 05' 59 - 2975876 70041' PARCEL B 50.ç ' 'i BRESSI CERTIFICATE OF COMPLIANCE :--' Q/ - LOT 15 RECORDED AUGUST 24, 2007 . Yz -.35 CARLSBAD TRACT CT 00-06 AS DCC, Na. 2007-0583781 '\,,( MAP NO. 14600 jaw PROJECT DESIGN CONSULTANTS CITY OF CARLSBAD CT 06-24 Raflflifl CAUFORNIA COORDINATE 84DEX 625-7688 - - - - - - - - - - - - - - - - - s33NvNlado 9NIO1Ifl8 NO NolslAlaens 1V301 HuM AldIAJOD ION AVVJ S13dVd NMOHS viva 3H1 dO A3VflD3V 3HI dOd G1NflSSV MAP NO. SHEET 5 OF 5 SHEETS BRESSI RANCH COMMERCIAL COUNTY OF SAN DIEGO, STATE OF CALIFORNIA NON-TITLE SHEET STATEMENTS AND DATA ON THIS SHEET ARE FOR INFORMATIONAL PURPOSES ONLY AND ARE NOT INTENDED To AFFECT RECORD 77711 INTEREST IN ACCORDANCE 87771 THE PROVISIONS OF SEC 7TON 66434.2 OF THE SUBDIVISION MAP ACT, THE IMPROVEMENTS LISTED BELOW SHALL BE CONSTRUCTED BITHIN 78 MONTHS OF APPROVAL OF THE SUBDIVISION OR DEVELOPMENT IMPROVEMENT AGREEMENT. OR SUCH OTHER TIME AS PRO VIDEO IN SAID AGREEMENT THE FOLLO FANG ITEMS A. THROUGH H. ARE THE RESULT OF THE REVIEW AND APPROVAL OF THE TENTATIVE MAP AND SUBSEQUENT APPROVAL AND RECORDA 11064 OF PLANNING COMMISSION RESOLUTION NO. 8375 CASE NO. SOP 06- 7. A. BUILDING PERMITS FALL NOT BE ISSUED FOR THIS PROJECT UNLESS THE LOCAL AGENCY PROVIDING WATER AND SEWER SERVICES TO THE PROJECT PROVIDES WRITTEN CERTIFICATION TO THE CITY THAT ADEQUATE WATER SERVICE AND SEWER FACILITIES, RESPECT! 761 T, ARE AVAILABLE TO THE PROJECT AT THE TIME OF THE APPLICATION FOR THE BUILDING PERMIT. AND THAT WATER AND SEWER CAPACITY AND FACILITIES FALL CONTINUE TO BE AVAILABLE UNTIL THE flUE OF OCCUPANCY. 8. WATER QUALITY TREATMENT SYSTEMS SHALL BE DESIGNED TO THE SAITSACTTON OF THE CITY ENGINEER. SEE IMPROVEMENT PLAN DVE NO. 452-9. C. ALL IMPROVEMENTS ARE PRIVATELY OWNED AND ARE TO BE PRIVATELY MAINTAINED NTH THE EXCEPTION OF THE FOLLOFANIS- WATER MAINS AND APPURTENANCES SPECIFICALLY SH0V.4V AS PUBLIC WATER MAINS FIRE HYDRANTS AND RELATED APPURTENANCES ARE SHOWN ON IMPROVEMENT PLAN 080. NO. 452-9 FOR THIS PROJECT SEWER MAINS AND APPURTENANCES SPECIFICALLY 5NOV46 AS PUBLIC SEWER MAINS, MAN HOLES. CLEAN OUTS AND RELATED APPURTENANCES ARE SHOW ON IMPROVEMENT PLAN 0*0. Na 452-9 FOR THIS PROJECT. D. THE OWNER OF THIS PROPERTY ON BEHALF OF ITSELF AND ALL OF ITS SUCCESSORS IN INTEREST HAS AGREED TO HOW HARMLESS AND INDEMNIFY THE CITY OF CARLSBAD FROM ANY ACflON THAT MAY ARISE THROUGH ANY DIVERSION OF WATERS, THE ALTERATION OF THE NORMAL FLOW OF SURFACE WATERS ON DRAINAGE. OR THE CONCENTRATION OF SURFACE WATERS OR DRAINAGE FROM THE DRAINAGE SYSTEM OR OTHER IMPROVEMENTS IDENTIFIED IN THE CITY ,4PPR0 lED DEVELOPMENT PLANS OR BY THE DESIGN, CONSTRUCTION OR MAINTENANCE OF THE DRAINAGE SYSTEM OR OTHER IMPROVEMENTS IDENTIFIED IN lYlE CITY APPROVED DEVELOPMENT PLANS F. THE SUBJECT PROPERTY IS VATHIN THE BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO 7. THE 084YEN OF THIS PROPERTY HAS PREVIOUSLY EXECUTED A SPECIAL ASSESSMENT DISTRICT DISCLOSURE AGREEMENT VAIN THE CITY. SAID AGREEMENT CONTAINS PROVISIONS REQUIRING THE CURRENT OWNER AND ANY SUBSEQUENT OV#IER(S) TO PROVIDE NOTICE TO POTENTIAL BUYERS OF THE AMOUNT OF THE ASSESSMENT AND OTHER PROVISIONS AND REQUIRES OWNER TO HAVE EACH BUYER RECEIVE EXECUTE AND DEPOSIT INTO ESCROW A NOTICE OF SPECIAL ASSESSMENT AND PREPAYMENT OPTION AGREEMENT. IN THE EVENT THAT OWNER ODES NOT HAVE THE BUYER EXECUTE THE NOTICE OF SPECIAL ASSESSMENT AND PREPAYMENT OPTION AGREEMENT PRIOR TO CLOSE OF ESCROW. THE ASSESSMENT ON THE SUBJECT PROPERTY MUST BE PAID OFF IN FULL BY OV#IER. F. THIS PROJECT IS APPROVED UPON THE EXPRESS CONDITION THAT BUILDING PERMITS ViLE NOT BE ISSUED FOR THE DEVELOPMENT OF THE SUBJECT PROPERTY, UNLESS THE DISTRICT ENGINEER HAS DETERMINED THAT ADEQUATE WATER AND SEWER FACILITIES ARE AVAILABLE AT THE TIME OF OCCUPANCY O NO STRUCITJRL. FENCE. WALL, TREE, SHRUB, SIGN. OR OTHER OBJECT OVER 30 INCHES ABOVE THE STREET LEVEL SHALL BE PLACED OR PERMITTED ON THE SUBJECT PROPERTY IsITHIN THE CAL TRANS CORNER SIGHT DISTANCE CORRIDORS NO OBSTRUCTIONS SHALL IMPEDE NON CONFLICT 184TH THE LINE-OF-SIGHT VAIICH IS ESTABLISHED PER CITY STANDARD PUBLIC STREET-DESIGN CRITERIA. SECTION &B f. THE SIGHT LINE IS DEPICTED ON THE TENTATIVE MAP AND ALSO APPLIES TO DRIVEWAYS. THE UNDERLYING PROPERTY OYAYE.R SHALL MAINTAIN THIS CONDITION. H. CROSS LOT DRAINAGE OCCURS BETWEEN LOTS 7 AND 2 AND BETWEEN LOTS 3 THROUGH S. THE DRAINAGE COURSE IS TO BE MAINTAINED IN PERPETUITY BY THE UNDERLYING PROPERTY OWNER. ALL FUTURE USE OF THE PROPERTY ALONG THE DRAINAGE COURSE FALL NOT RESTRICT, IMPEDE. DIVERT OR OTHER VASE ALTER DRAINAGE FLOWS IN A MANNER THAT VALE RESULT IN DAMAGE TO THE UNDERLYING AND ADJACENT PROPERTIES OR THE CREATION OF A PUBLIC NUISANCE ISEE IMPROVEMENT PLAN 0140 NO. 452-9, AFIO LSRAOIW& PLAN OWID NR 452- 5A FOR 5PECIF/C DETAILS AND L7RA/M4 GE COURSE I. P.PL OOT4I7I1i00 wUI15P .rL4LIHII.JO( CCrIMIISTOVJ *0LUTiOf4 IJ0.E,541 ,ACCf4 RI6HT4 WAVE, E EMJ WAIVE,D TO IATE,8IAY KOAD,FSLPUE.PLTE 61T<ELELT' 4130 P,"&*41 fA44W WAY Mrt.HAfl 130.14800 E,E,r1.IV4( T7PTI.op1 T14E,Ac4E.46 OP ,JIiJ(' ALL AN Wo'.'IVJ OIJThTNUIAP. FI*JILLA PLACE A&EE kI6WT4 HAVE,-53 WP.I\/DI.O HE,R.BL014 ALL A.4 t410WlJ 0)3 Ti-Il', fr%b,. d. 2EJE.LOPER. I-lAN E,7(ECIJSEP A.PJP P,&,OFZ,PE CIA L.I1YN1.P-4.WARI) 511 PQI'JI'IDT4 IIPTRDVEYIEJII SCNEEE,I-tP-V To 11,11-jThLL ALIT) NELS1I,EL WITH Aprpi)rfT,IFLTE, CUIcTD V/, rp.o'JITSEP j LAW, PUp,LI I'1P$AIVELF1E41T', 5U0W)3 0)4 ThE, TLITEL1I'JE, liAr AVJI) TLIE. FOU_01J11461 I f1T'TRoV,Y1E-V4TN ILUOIV4C-,TU1' l'LOILIFII1'TU2 TOT rk.JI)4L, P7VhEL, ,lei f-IIT4C 4.-NflcIPI4C4 ,61r7[../LLK6, t-UI'-.lY4 /410 01U115$6 , liE.OIAIIN , .AOI135 tLJESP,IV4A ALIT) CNJP,F,ILI ,UI-40EF4S0111L771134 ER, p-ALLOCELT]Ol-1 of FAC1LITTEJ,, I 'I-lATTER. ,FIREL I4'l'L'T',ElJI15, qTp-e.E,r L1011454, 'I-JATELP- oUALrr,' mTEA7rV1E0r FAC,IUTlE/, All 0 PE..LAI 1-1517 WATTS-TI. • To (-IVY ',FAI-4 OM'PN TO THE- N/flNrAS.TIoTJ OF TI-IF, cTrT' FT-I(-,I)4E.EP- TI-IF, Il-jflc,OSJEPI01J4, ,SIR,EL: A.9XEr-YOVAL ,&1117 IEF,CO)JNWLIITIOI,I OF fuf.LIL- A147) rrL-T'IArF, TMr.o4T' ID TOW)4 EA4IDF,V1 TIOAU ALTO FILIILLIT rLAcE. A', PIENUlFJEO I'XT'ThTTYEJ'JLiTLIFLV . Ol.441TF, I-lrlcov5l-IE.Vur4 114 CUJOTICV VIUT 4or LTIIITTSO1'O VS(-1'ELEI7 NJATTE.I( ,'ITDFLI'I 771(,AIU , WATELI, QTJLUIY ThE4T1'IEAJT PACT LIT IF4,AND 466694 AN 414060-4 OH THE TF,IJThTIVE, f-Tsr. C. WAThIT. AUALIT'V'llcEATP'lS-IJI frI"5rE-'14 NI-TALL r)E OEAII 5114E.D Tb ThE SATTNFACTIOeJ OFTLIE CITY E,4E71113 EM. ADD) TIOi,JI,L ',TP,LIL.TUVAL VAI'r oE,'1TL.., MAY F*_ 5(4U(F.SJIYO LOIIPL'T' MITT-I THE (Al P.N.ELIT CITY Of LNEL3IUA.I) srALIo/,FLo URRATJ 'TOF-IlI 'iJA1'ER l-1ITII,TI0I4 PLAIJ CS1161 r). CI- ES1o1AL OF E-IoINTILIGE 'lIATE,P. 4E"1 6114 AliT) Arru JBAJ (-[6 NJ 517 .1 SOS-LIt NTi'AL,E,TI- I-lot UTILIZE) ITI'? 11414 oETSL.orHTU.4r. IFIrTIoVE.T-15411', LiliEs) A50'/E SHALL- 5E coll4Tr-,IJ6TE,0 'idI1ilILI IS 1-10)4TH4 OF AWKDVAL Of THE 6LLP,CITVTNIOLI I1f0VE-A-IBLLITA4I1JEEY-IELJr DIIK, 411414 Cr14640 TIllS- 0-6 rIIX.'III75D It.4 NA-IT) ACrII.SEES'iS-IJT. - 1111k PROJECT DESIGN CONSULTANTS CITY OF CARLSBAD CT 06-24 PMfln9 I Lndsoopo dorl IEnoj,,eolnc I siO1 CALIFORNIA COORDINATE INDEX 625-1986 I Li I I I I, ASSESSORS PARCEL MAP i EXHIBIT 5 I ) -ao- --Ia I HDflhlUUUhI 110ø. Ii1I.II..... i ill •• I www.parcelquest.com c; I, I! 7 of VIIMNU do IS NYGAARD ST (ASTORiA DR) I ii I County Name: San Deqo, CA APN: 213-191-08-00 Copyriqht (C) 2007-2008 Paqe: 2 ot I 1 1 Li I I I [TI I I I I I I I AMENDED ASSESSMENT DIAGRAM I EXHIBIT 6 I PARADISE RD -Th LEGEND APPORTIONMENT BOUNDARY MAP REFERENCE NUMBER (:1=) PREVIOUS MAP REFERENCE NUMBER PREVIOUS 0050SSOENTS PREy. MAP ASSESSMENI1 ASSESSORS PARCEL PARCEL REF. 10 583. PARCEL NO DESCRPTOS ACREAGE I 15.1 213-191-02 1 IRACTCTO3-03LLOTS 14.151 MND60ASSESSIENTS 1882' REF NO ASSESSMEm 10 ASSESSORS PARCEL NO PARCEL DESCRFTCPI PARCEL ACREAGE I 15-1-1 P4956-ONES rIyNcrCToR-24. LOT 1 0618 P 2 15.1-2 LPAASSONEO TRACT CTOR-24, LOT 2 1253 3 15w1-3 LFIASSCNCO TRACT CTSO-24, LOT 3 0559 4 15-14 LRSASSCNOD TRACT CTOA-24. LOT 4 2397 5 15-1-5 1.849550400 TRACTCTOA-24.1015 1,927 I 13-1.0 LSAASSIGPIEO TRACT CTIR-24.10T6 1.325 7 15-1-7 IPARSSONED TRACT CToA-24. LOT 7 3,901 NA IRA IPIASSONED TRACT CTO6-24. LOT 1.77 - - - - - - - - - - - - - _ _ = AMENDED ASSESSMENT DIAGRAM OF ASSESSMENT DISTRICT NO. 2002-01 (POINSETTIA LANE EAST) crry OF CARLSBAD COUNTY OF SAN DIEGO STATE OF CALIFORNIA AMENDING ASSESSMENT NUMBER 15-1 VICINITY MAP - N.T.S. TOWN GARDEN RD v/wi LLDAN Financial Services 27300 ViR 1096018, SWIR 110 Topl4I9. CA 02500 951.507.3500 Ph 961.587.3510 F- 3208094-11 AUGUST2008 SHEET I OF 1 CF1'( CLERKS CERTIFICATE FILED IN THE OFFICE OF THE CITY CLERK OF THE CITY OF CARLSBAD, THIS DAY OF .. 200 CITY CLERK CITY OF CARLSBAD RECORDED IN THE OFFICE OF THE SUPERINTENDENT OF STREETS, CITY OF CARLSBAD. THIS DAY OF .200 SUPERINTENDENT OF STREETS CITY OF CARLSBAD THIS AMENDED ASSESSMENT DIAGRAM AMENDS THE ASSESSMENT DIAGRAM OF ASSESSMENT DISTRICT NO. 2002-01, CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. PRIOR RECORDED THE 5TH DAY OF MAY, 2004, IN BOOK 38 OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS AT PAGE 37, DOCUMENT NUMBER 2004-0404503 IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA- FILED THIS DAY OF 200_, AT THE HOUR OF __O1CLOCK_ .M. IN BOOK OF MAPS OF ASSESSMENT AND IN FACILITIES DISTRICTS AT PAGE(S) AT THE REQUEST OF THE CITY OF CARLSBAD IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY Of SAN DIEGO, STATE OF CALIFORNIA. FEE: INSTRUMENT. NO.: GREGORY J. SMITH, COUNTY RECORDER BY DEPUTY, COUNTY RECORDER COUNTY OF SAN DIEGO NOTE: FOR PARTICULARS OF THE LINES AND DIMENSIONS OF ASSESSOR'S PARCELS, REFERENCE IS MADE TO THE MAPS OF THE SAN DEIGO COUNTY ASSESSOR OF SAN DIEGO COUNTY RECORDS WHICH MAPS SHALL GOVERN FOR ALL DETAILS RELATING THERETO. REFERENCE: TRACT CT 06-24 DOCUMENT NUMBER 2008-0251547 H Li LII I 1 I I I I I I I 1 I I NOTICE TO BONDHOLDER I EXHIBIT 7 I I I (.IJIjlIJ;I.) .11 W. ww1 LLDAN Financial Services extending your reach I )a ruil: A11.V1110 0008 ii nc a nd \ tumigbcrg .\tmn: UmU I luck 4330 ) 1.a 11a \ill:mgc Drive, Sulic 110 Nw 1)mceo, (..\ 92122 NOTICE To BOND HOLDER DIVISION OF LAND AND ASSESSMENT NOTICE IS HEREBY GIVEN to you as the original purchaser of the bonds issued by the City of Carlsbad to represent the unpaid assessments relating to the construction of certain public improvements in an assessment district known and designated as: Assessment District No. 2002-01 (Poinsettia Lane East). Said bonds were issued pursuant to the terms and provisions of the "Improvement Bond Act of 1915", Division to of the Streets and E-lighways Code of the State of California. NOTICE IS HEREBY GIVEN that an apportionment has been made by the property owner of a assessment relating to the assessments and parcels as indicated by the enclosed report. NOTICE IS HEREBY (;IvFN that unless a request for a public hearing is received within fourteen (It) days from the date of this Notice, the above-apportioned assessments shall be recorded in the manner and form as required by law. If you have any further questions, please contact the undersigned at the Office of the Director of Public Works/City Engineer at the following address: Mr. Marshall Plantz Jenifer Storsteen Senior Civil Engineer Willdan Financial Services City of Carlsbad 27368 Via Industria, Suite 110 1635 Faraday Avenue Temecula, CA 92590 Carlsbad, CA 92008 (951) 587-3500 lliis procedure is pursuant to the provisions of Part 10.5 of Division 10 of the Streets and Highways Code of the State of California and the "Improvement Bond Act of 1915''. \\ ilidan Financial Services I On behalf of the C of ( :irlsb:id I 1cm fur Srorstccii,Anal., st District .\dmmnisrrar.i-n Scrvicc I 11 I Erq roe r ri a TI eatoc S a H Environmental rn no at Ho met and Sc; unty 051.537.3500 300T55.6864 a;: 051.587.3510 1 271368 Via Industria, Suite 110. Temecua, CA 92500 www.wtttdan.com I U I I Li I I I I I I I I I I I I I I I I I I Li I I I I NOTICE OF AMENDED ASSESSMENT I EXHIBIT 8 I RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 NOTICE OF AMENDED ASSESSMENT CITY OF CARLSBAD ASSESSMENT DISTRICT NO. 2002-01 (POINSETTIA LANE EAST) AMENDING ASSESSMENT NO. 15-1 (CARLSBAD TRACT CT 06-24) Pursuant to the requirements of Section 3114 of the Streets and Highways Code of California, the undersigned City Clerk of the City of Carlsbad, County of San Diego, State of California, hereby gives notice that an amended assessment diagram and assessment were recorded in the office of the Superintendent of Streets of the City of Carlsbad, as provided for in said Section, and relating to the real property more particularly described on that certain amended assessment diagram filed in accordance with said Section on 200_ in Book of Maps of Assessment and Community Facilities Districts at Page in the office of the Recorder of the County of San Diego. Said amended assessment diagram amends the assessment diagram "Assessment District No. 2002-01 (Poinsettia Lane East)" filed the 5th day of May, 2004 in the office of said County Recorder in Book 38, Page 37 of Maps of Assessment and Community Facilities Districts. Reference is made to the amended assessment diagram and assessment roll recorded in the office of said Director of Public Works (Superintendent of Streets) of the Carlsbad for the amount of each of the amended assessments. Exhibit "A" hereto attached, and by this reference incorporated herein, shows the parcels subject to the amended assessments. DATED: 200 I I I I I I I I I I I I City Clerk City of Carlsbad County of San Diego State of California I I I I I I EXHIBIT A AMENDED ASSESSMENT ROLL ASSESSMENT DISTRICT 2002-01 (POINSETTIA LANE EAST) BRESSI RANCH; CARLSBAD TRACT CT 06-24 DATE CITY OF CARLSBAD August 15, 2008 SAN DIEGO COUNTY PREVIOUS ASSESSMENTS ASSESSMENT ASSESSOR'S PARCEL OWNER OF NO. PARCEL NO. DESCRIPTION RECORD 15-1 213-191-02 CARLSBAD TRACT CT 03-03, LOT 5 LNR CPI BRESSI RETAIL, LLC AMENDED ASSESSMENTS ASSESSMENT ASSESSOR'S PARCEL OWNER OF NO. PARCEL NO. DESCRIPTION RECORD 15-1-1 UNASSIGNED CARLSBAD TRACT CT 06-24, LOT 1 LNR CPI BRESSI RETAIL, LLC 15-1-2 UNASSIGNED CARLSBAD TRACT CT 06-24, LOT 2 LNR CPI BRESSI RETAIL, LLC 15-1-3 UNASSIGNED CARLSBAD TRACT CT 06-24, LOT 3 LNR CPI BRESSI RETAIL, LLC 15-1-4 UNASSIGNED CARLSBAD TRACT CT 06-24, LOT 4 LNR CPI BRESSI RETAIL, LLC 15-1-5 UNASSIGNED CARLSBAD TRACT CT 06-24, LOT 5 LNR CPI BRESSI RETAIL, LLC 15-1-6 UNASSIGNED CARLSBAD TRACT CT 06-24, LOT 6 LNR CPI BRESSI RETAIL, LLC 15-1-7 UNASSIGNED CARLSBAD TRACT CT 06-24, LOT 7 LNR CPI BRESSI RETAIL, LLC P:\Carlsbad\3208094-1 1\Exhibit A Page 1 of 1 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I CITY OF CARLSBAD APPORTIONMENT AND AMENDED ASSESSMENT REPORT ASSESSMENT DISTRICT No. 2002-01, (POINSETTIA LANE EAST) AMENDING ASSESSMENT NUMBERS 5-33, 5-34, 5-35, 5-36, 5-37,5-38 AND 5-39 CARLSBAD TRACT CT 05-09 SEPTEMBER 2008 WI LLDAN I Y Financial Services Corporate Office: Regional Office Locations: 27368 Via Industria Lancaster, CA Phoenix, AZ Suite 110 Oakland, CA Orlando, FL Temecula, CA 92590 Sacramento, CA Seattle, WA Tel: (951) 587-3500 Memphis, TN Tel: (800) 755-MUNI (6864) Fax: (951) 587-3510 1 1 I I I 1 I I I I I I I I TABLE OF CONTENTS APPLICATION FOR APPORTIONMENT..................................................EXHIBIT I METHOD OF SPREAD .............................................................................. EXHIBIT 2 REVISED SPREAD AMENDING ASSESSMENTS...................................EXHIBIT 3 TRACT CT 05-09.......................................................................................EXHIBIT 4 ASSESSORS PARCEL MAPS..................................................................EXHIBIT 5 AMENDED ASSESSMENT DIAGRAM .....................................................EXHIBIT 6 NOTICE TO BONDHOLDER ..................................................................... EXHIBIT 7 NOTICE OF AMENDED ASSESSMENT...................................................EXHIBIT 8 I I I LI I I I I I I I I I I I EXHIBIT I LI APPLICATION I CITY OF CARLSBAD APPI ATION FOR ASSESSMENT APPORTlO NT Please complete the application in full. Refer to the attached instructions for assistance, Return completed form to: CITY OF CARLSBAD Development Services Engineering Counter 1635 Faraday Avenue Caribsad, CA 92008 'scUfr1 'FL4< LL'L. 7Le. 4(Th1.( Own erlEnginoor Phone Number 4I Street Adc Assessment District Name and Number 1L L. / erc%. •c;L;1'? . Call the NBS Government Finance Group at (800) 676-7516 for District and/or Project Information Original APN(s) Legal Description Original Assessment Amount(s) M- 2L14-or 1s 4.9w -( -j 7.%b- 41-. L%?P 14\LC) ________ Zt- 4.. ts-rt, 'Y- L1L N\Lab 4! 41A. -rA 2- os Lot 1 er- L4? LA\L.C> ()7I ZI'J A- 1,4 Z-, 4Z. t-W'-j tr 3°t err ji-? I I F I I I I I I I I Purpose (Please check one): ) Subdivision Map No.: Parcel map No.: Lot Line Adjustment No. Parcel Map Waiver No.: Number of new parcels: Fee Schedule Tract Map Apportionment (5 or more: parcels) per Chapter 2, Section 68428 of the Subdivision Map Act: (See the Fee Schedule attached) Map Apportionment (4 or less parcels) per 2. Section 66426 of the Subdivision Map Act: I I (See the Fee Schedule attached) The undersigned, being the owner or interested party in property as set forth below, hereby requests the City of Carlbsad to apportion the amount remaining unpaid on the above assessment(s) in accordance with the provisions of Part 10.5 of the 'Improvement Bond Act of 1915' or Part 5, Chapter 5.5 of the "Improvement Act oft 911," and said assessment is to be apportioned to each separate part of the original lot or parcel of land, the apportioriate part of the amount remaining unpaid on the assessment that would have been levied thereon had the lot or parcel been so divided at the 014 of the original confirmation of assessment. ,:,Applicant's Signature / i Cate , '/1" 4. IMPORTANT: TWO COPIES OF THE FINAL MAP OR ADJUSTMENT PLAT (18" x 26 BLUELINE & 8 112" * 11" REDUCTION) MUST BE PROVIDED TO BE USED AS THE BASIS FOR THE AMENDED ASSESSMENT DIAGRAM. H:/DEVE.LOPMENT SERVICES/MASTERS/FORMSIAPPUCATIONSIAPPUCADON FOR ASSESSMENT APPORTIONMENT 0n Excel) REVISED 3102 ~7 I I I I I n Li LI I I 1 I I 1 I I I L I I I I LI EXHIBIT 2 METHOD OF SPREAD I I City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 5 I I Part III Assessment Roll and I Method of Assessment Spread I On February 17, 2004 the City Council of the City Of Carlsbad, State of California, did, pursuant to the provisions of the Municipal Improvement Act of 1913, (Division 12 of the Streets and Highways Code of the State of California), Article I XlllD of the Constitution of the State of California, and the Proposition 218 Omnibus Implementation Act (Section 53750 and following of the Government Code) (collectively, the "Assessment Law"), and in accordance with City of ' Carlsbad Policy 33, adopt its Resolution of Intention No. 2004-057, for acquisition or construction of certain public improvements, together with appurtenances and appurtenant work in connection therewith, in a special assessment district known I and designated as: ASSESSMENT DISTRICT NO. 2002-01 I (POINSETTIA LANE EAST) (hereinafter referred to as the "Assessment District"); and I WHEREAS, said Resolution of Intention, as required by the Assessment Law, did direct the Assessment Engineer to make and file a "Report", consisting of the I following as required by Section 10204 of the Act: a. Plans and specifications for the improvements proposed to be acquired or I constructed in sufficient detail to show or describe the general nature, location and extent of the improvements; I b. A general description of the improvements proposed to be acquired and any property necessary or convenient for the operation of such improvements; I c. An estimate of the cost of the improvements and the costs of lands, right-of- way, easements, and incidental expense in connection with the improvements; Assessment Diagram showing the Assessment District exterior boundaries, I the boundaries of any benefit areas within the district and the lines and dimensions of each parcel within the district and the benefit areas 1 therein existing at the time of the adoption of the resolution of Intention; A proposed assessment of the costs and expenses of the improvements I levied upon the parcels within the boundaries of the Assessment , District in proportion to the estimated special benefits to be received by each subdivision of property from the improvements; I Prepared by Galen N. Peterson March 29, 2004 I U City of Carlsbad -Assessment District No. 2002-01 (Poinsettia Lane East) Page 6 19 E I The proposed maximum annual assessment to be levied upon each subdivision or parcel of land within the Assessment District specially benefiting from the improvements and for which the assessment is unpaid to pay the costs incurred by the City and not otherwise reimbursed resulting from the administration and collection of assessments or from the administration and registration of any associated bonds and reserve or other related funds. For particulars, reference is made to the Resolution of Intention as previously adopted a copy of which is included in Appendix "A" of this Report. I NOW, THEREFORE, I, GALEN N. PETERSON, pursuant to the Assessment Law, do hereby submit the following: I i. Pursuant to the provisions of Assessment Law and the Resolution of Intention, I have assessed the costs and expenses of the acquisition or construction of the improvements upon the parcels of land in the I Assessment District specially benefited thereby in direct proportion and relation to the estimated special benefits to be received by each of said parcels from the improvements. For particulars as to the identification of said parcels, reference is made to the Assessment I • Diagram, a copy of which is attached hereto. I As required by Assessment Law, a Diagram is attached, showing the Assessment District and the benefit areas therein, as well as the boundaries and dimensions of the respective parcels and I subdivisions of land within said District and the benefit areas therein as the same existed at the time of the passage of said Resolution of Intention, each of which subdivisions of land or parcels or lots respectively have been given a separate number upon said Diagram and in I said Assessment Roll. The subdivisions and parcels of land, the numbers therein as shown on the I respective Assessment Diagram as attached hereto, correspond with the numbers as appearing on the Assessment Roll as contained herein. I NOTICE IS HEREBY GIVEN that bonds will be issued in accordance with Division 10 of the Streets and Highways Code of the State of California (the "Improvement Bond Act of 1915"), to represent all unpaid l assessments, which bonds shall be issued not to exceed the legal maximum term as authorized by law, i.e., THIRTY-NINE (39) YEARS from the 2nd day of September of the next succeeding twelve (12) months I from the date of the bonds. Said bonds shall bear interest at a rate not to exceed the current legal maximum rate of 12% per annum. I IPrepared by Galen N. Peterson March 29, 2004 I City of Carlsbad - Assessment District No. 200201 (Poinsettia Lane East) Page 7 I • 5. By virtue of the authority contained in the Assessment Law and by further direction and order of the legislative body, I hereby recommend the following Assessment to cover the costs and expenses of the I acquisition or construction ofthe improvements for the Assessment District based on the costs and expenses as set forth below: I As Preliminarily As Finally Approved Approved and Confirmed I Construction and Incidental Costs less $34,995,291.23 $ 34,995,291.23 General Benefit (1) Formation and Issuance Expenses 1,288,417.00 1,288,417.00 1 Less Special Benefit Contributions (1,930,891.12) (1,930,891.12) Less Interest Earned I Capitalized Interest and Financing Costs 7,413,525.86 7,413,525.86 Total Assessment (2) $ 41,766,342.97 $ 41,766,342.97 I Subtotal Benefit Area No.1 () $ 29,417,441.97 $ 29,417,441.97 Subtotal Benefit Area No. 2(2) $ 12,348,901.00 $ 12,348,901.00 I Total Assessment (2) $ 41,766,342.97 $ 41,766,342.97 For particulars as to the individual assessments and their descriptions, i reference is made to Exhibits 2 and A attached hereto. The general benefit not assessed is associated with a portion of I Poinsettia Lane and El Fuerte as discussed in Exhibit A. An amount equal to such general benefit will be contributed by the developers as a deduction from the purchase price for improvements I to be acquired and not reimbursed from bond proceeds. Included in the total assessment are projected individual I assessments representing the special benefit from the improvements to be conferred on public parcels (such as the school and park), non-profit organizations (such as open space parcels) and home owner association parcels to be created by the future I subdivision of the existing parcels within the Assessment District. Assessments apportioned to such parcels upon the creation thereof will be contributed by the developers either as a deduction from the 1 purchase price for improvements to be acquired and not reimbursed from bond proceeds or, if the purchase price for all improvements has been paid at the time of creation of any such parcel, by a cash I contribution equal to the amount necessary to pay off any such assessment. I IPrepared by Galen N. Peterson • March 29, 2004 11 City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 8 I. Summary of Developer Contributions to Off-Set I General Benefit and Special Benefit Assessments Bressi La Costa I Ranch Greens (Benefit (Benefit Area No. 1) Area No. 2) Total I General Benefit Poinsettia Lane - Segment 1, Street $ 219,539.28 $ 193,460.72 $ 413,000.00 I Improvements Poinsettia Lane - Segment 2, Street $ 92,493.55 $ 81,506.45 $ 174,000.00 Improvements I El Fuerte - Street Improvements $ 381,360.00 $ - $ 381,360.00 Total General Benefit $ 693,392.82 $ 274,967.18 $ . 968,360.00 Special Benefit - Parcels Owned by Public Agencies, Non-Profit Organizations and Home Owners I Association (1) City Park $ - $ 460,797.79 $ 460,797.79 I Open Space $ 48,567.87' $ 26,635.11 $ 75,202.98 Home Owners Association (HOA) - 20,140.16 $ 20,140.16 Total Special Benefit (1) $ 48,567.87 $ 507,573.06 $ 556,140.93 I . Total Developer Contributions (1) $741,960.69 $ 782,540.24 $ 1,524,500.93 Notes: I (1) Additional future parcels which will be owned by Public Agencies, Non-Profit Organizations or Home Owners Associations are identified in Appendix F and the special benefits of these parcels will be apportioned at the time of I subsequent subdivision of existing parcels. The assessments for these future parcels will be contributed by the developers either as a deduction from the purchase price for improvements to be acquired and not reimbursed from bond proceeds or, if the purchase price for all improvements has been paid at I the time of creation of any such parcel, by a cash contribution equal to the amount necessary to pay off any such assessment. I 6. The Method and Formula of Spread of Assessment is as set forth in Exhibit "A", which is attached hereto, referenced and so incorporated I I Prepared by Galen N. Peterson . March 29, 2004 I City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 9 I ,Exhibit 2 Assessment Roll Assessment Land Use As Preliminarily As Finally Number Approved Approved and Confirmed I i Planned Industrial $ 133,110,09 $ 133,110.09 2 Planned Industrial $ 1,487,685.30 $ 1,487,685.30 I 3 Planned Industrial $ 2,832,724.07 $ 2,832,724.07 4 Planned Industrial $ 2,619,25443 $ 2,619,254.43 5 Planned Industrial $ 1,741,701.50 '$ 1,741,701.50 I 6 Single Family Development $ 2,493,790.47 $ 2,493,790.47 7 Single Family Development $ 1,526,810.49 $ 1,526,810.49 8 Single Family Development $ 2,417,449.94 $ 2,417,449.94 l 9 Single Family Development & HOA $ 1,802,430.14 $ 1,802,430.14 10 Single Family Development & HOA $ 2,155,046.02 $ 2,155,046.02 11 Single Family Development $ 815,981.03 $ 815,981.03 I 12 Single Family Development & HOA $ 2,319,874.24 $ 2,319,874.24 13 Church, Day Care & School $ 1,250,040.16 $ 1,250,040.16 I 14 Planned Industrial $ 74,691.03 $ 74,691.03 15 Retail, Office, Multifamily, Assisted Living, Boys & Girls club and Open space $ 5,746,853.07 $ 5,746,853.07 16 Open Space (OS) $ - $ - I 17 OS (Assm'nt Contributed by Developer) $ - $ - 18 Open Space (OS) $ $ 19 Open Space (OS) $ • $ 20 Open Space (OS) . $ - $ 21 Open Space (OS) $ - $ - 22 Industrial/Business Paffi, Church. Day Care and Townhomes/Single Family Dev $ 1,127,846.77 $ 1,127846.77 I 23 Open Space (OS) $ . - $ - 24 Park (Assm'nt Contributed by Developer) $ - $ - 25 Single Family Development & School $ 3,053,281.02 $ 3053,281.02 I 26 Single Family Development $ 2,357,989.35 $ 2,357,989.35 27 Open Space (OS) $ - $ - 28 HOA (Assm'nt Contributed by Developer) $ - $ I 29 Single Family Development $ 2,746,861.05 $ 2,746,861.05 30 Open Space (OS) $ . $ - 31 Single Family Development $ 512,367.86 $ 512,367.86 I 32 HOA (Assm'nt Contributed by Developer) $ - $ - 33 Multifamily (Affordable) (Assm'nt Contributed by Developer) $ - $ 34 Townhome/Single Family Dcv $ 2,550,554.95 $ 2,550,554.95 I 35 Open Space (OS) $ - $ - 36 Open Space (OS) $ - $ - 37 HOA (Assm'nt Contributed by Developer) $ - $ - I 38 Open Space (OS) $ - $ 39 OS (Assm'nt Contributed by Developer) $ - $ Total $ 41,766,342.97 $ 41,766,342.97 I I Prepared by Galen N. Peterson March 29, 2004 P 1 I City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 10 I I !. I I EXHIBIT A METHOD AND FORMULA OF ASSESSMENT SPREAD Since the improvements are to be funded by the levying of assessments, the Assessment Law requires that assessments be based on the special benefit that the properties receive from the improvements. In addition, the Assessment Law provides that a parcel's assessment may not exceed the reasonable cost of the proportional special benefit conferred on that parcel. Further, only special benefits are assessable and the local agency levying the assessment must separate the general benefits from the special benefits. All publicly owned property must be assessed if it specially benefits from the improvements. The Assessment Law does not specify the method or formula that should be used to apportion the costs to properties in any special assessment district proceedings. The responsibility for recommending an apportionment of the costs to properties, which specially benefit from the improvements rests with the Assessment Engineer, who is appointed for the purpose of making an analysis of the facts and determining the correct apportionment of the assessment obligation. In order to apportion the assessments to each parcel in direct proportion with the special benefit which it will receive from the improvements, an in-depth analysis has been completed and is used as the basis for apportioning costs to each property within the Assessment District as explained below. Based upon an analysis of the special benefit to be received by each parcel from the improvements, the Assessment Engineer recommends the apportionment of costs as outlined herein The final authority and action rests with the City Council after hearing all testimony and evidence presented ata public hearing, and the tabulation of the assessment ballots previously mailed to all record owners of property within the Assessment District. Upon the conclusion of the public hearing, the City Council must make the final determination whether or not the assessment spread has been made in direct proportion to the special benefits to be received by each parcel within the Assessment District. Assessment ballot tabulation will be finalized at that time and, if a majority of the assessment ballots received prior to the close of the public hearing weighted by assessment amount are not opposed to the levy of the assessments, then the City Council may confirm the levy of the assessments. The following sections define and explain the special benefits and general benefits, and set forth the methodology used to apportion the costs of the improvements providing special benefits to each parcel, and confirm that the assessments are reasonable and justified. The Method of Apportionment The Assessment District improvements have been assigned into six benefit components; roadway, potable water, recycled water, sewer, dry utilities and Prepared by Galen N. Peterson March 29, 2004 19 I I I I I 11 I I I I City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 11 lie incidental expenses. Roadway improvement costs are spread on vehicle average daily trip (ADT) generation. Potable water, sewer and dry utility costs are spread on an equivalent dwelling unit (EDU) basis. Recycled water costs are spread to I the roadway and specific parcels based on the amount of recycled water used for the irrigation of each roadway and specific parcel. The incidental expenses have been based on either the actual cost to each component of the improvements or if i the incidental costs apply to all such components then to the prorated construction cost of each such component. I. Because some of the assessor parcel boundaries do not coincide with the Village Planning Areas or Neighborhoods, some initial assessments will be placed in aggregate on multiple assessor parcels until final maps are recorded and the new I assessor parcels coincide with the Village Planning Areas or Neighborhoods as applicable. The procedure of identifying and apportioning special benefit to the land uses and parcels has been organized as follows: I A. Identification of Benefit Components A-I Backbone Roadway Improvement Components 140 I I A-2 Backbone Potable Water and Sewer Improvement Components A-3 Backbone Recycled Water Improvement Components A-4 Backbone Dry Utilities Improvement Components A-5 Incidental Expenses Components Special Benefits General Benefits 1 D. Proportioning Special Benefits 1 D-I Land Use Categories D-2 Proportionate Special Benefit of Roadway Improvements D-3 Proportionate Special Benefit of Utility Improvements D4 Proportioning Formation, Issuance and Financing Costs 1 Prepared by Galen N. Peterson March 29, 2004 I City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 12 I • E. Proclamations E-1 Assessments Equal to or Less Than the Proportional Special Benefits I E-2 Reasonableness and Justification of Assessments I E-3 Future Apportionment A. IDENTIFICATION OF BENEFIT COMPONENTS The improvements to be acquired or constructed by the City from the proceeds of bonds issued for each benefit area of the Assessment District are necessary for I development of the Assessment District parcels and are required by the Villages of La Costa (The Greens) and by the Bressi Ranch Master Plans and the conditions of development as set forth in the land use entitlements approved I by the City for each benefit area. Without the improvements, the parcels within the Assessment District cannot be developed to their planned ultimate uses pursuant to such land use entitlements. I It is unfeasible and impractical for the parcels to be utilized to their highest and best use without the backbone roadways and utilities that will be funded by the I Assessment District. A-I Backbone Roadway Improvement Components ' The foremost purpose of the Assessment District is to provide financing for the backbone road access so the Assessment District parcels can be developed. The most significant and costly improvement is the work I associated with the road construction. The road construction has created the need to relocate sewer mains and utilities, re-establish habitat areas, and install landscaping to protect the roadway slopes. The road construction has I also created the need to construct storm drains to protect the roadway and to relocate other facilities and provide mitigation areas that would not have otherwise been necessary if the road was not constructed. The road and associated costs have been placed into one roadway improvement component for the purpose of defining the roadway costs and apport I A percentage of the cost of the backbone recycled water distribution system has been spread in the same manner as the roadway expenses. This portion of the recycled water system improvements will provide an irrigation water I system for the roadway landscaping. The roadway improvement component includes: Poinsettia Lane, El Fuerte, El Camino Real, relocation of utilities, establishment of habitat mitigation I areas, and a portion of the recycled water system to serve the roadway landscaping. I IPrepared by Galen N. Peterson March 29, 2004 ioning special benefit. City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 13 A-2 Backbone Potable Water and Sewer Improvement Components Coincidental to the roadway improvements is the necessity to construct certain backbone utility improvements within the roadway right of way concurrently with construction of the roadway improvements. These improvements confer a different special benefit to the properties than the special benefit conferred by the roadway improvements. Therefore potable water and sewer (other than relocated facilities for the roadway costs) have been separated into wet utility components for purposes of defining special benefits and allocating the costs of such components. A-3 Backbone Recycled Water Improvement Components Coincidental to the roadway improvements is the necessity to construct certain backbone recycled water improvements within the roadway right of way concurrently with construction of the roadway improvements. A percentage of these improvements confer a different special benefit to the properties than the special benefit conferred by the roadway improvements based on where the recycled water will be used. The recycled water facilities have been separated into a separate component for purposes of defining special benefits and allocating the costs of such components. A-4 Backbone Dry Utilities Improvement Components Coincidental to the roadway improvements is the necessity to construct certain backbone dry utility improvements within the roadway right of way concurrently with construction of the roadway improvements. These improvements confer a different special benefit to the properties than the special benefit conferred by the roadway improvements. Therefore the dry utilities have been separated into a separate component for purposes of defining special benefits and allocating the costs of such components. A -5 Incidental Expense Components In addition to the improvement costs, there are incidental construction administration and Assessment District formation expenses. These costs include, but are not limited to: construction administration, construction supervision, design, testing, surveying, assessment engineering, audit of acquisition costs, financial advisors, appraisals, bond counsel, underwriting, official statement printing, financing cost and establishment of a bond reserve fund. The costs of the formation of the Assessment District, including the costs of issuance, have been determined to be eligible for inclusion and are included in the Assessment District incidental costs. Some of these costs can be assigned directly to one of the benefit components as shown in Appendix "E". Other costs that cannot be assigned directly to one of the benefit Prepared by Galen N. Peterson March 29, 2004 I I I. I 1 I I . I 1 140 1 I I I I City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 14 I 0 components have been prorated to each assessment number in accordance with that assessment number's share of the construction cost. I B. SPECIAL BENEFITS The purpose of this Assessment District is to fund the construction and acquisition of public improvements required to serve the Assessment• District I parcels. Special benefit is received by each parcel within the boundaries of the Assessment District from new roadway access and the availability of utility services that are required and necessary for the properties to develop to their highest I and best use in accordance with and as permitted by the approved land use entitlements. I The improvements to be constructed and/or acquired by the District accommodate the planned development within the Assessment District area in I accordance with the approved land use entitlements. The Villages of La Costa (The Greens) and the Bressi Ranch Specific Plan environmental documents and the. Tentative Map identify the need for access and utilities, and place conditions I upon the parcels within the Assessment District to provide those improvements. The Assessment District Improvements satisfy the conditions of development by providing access and backbone utilities so the projects can support their planned uses. Without the improvements, the parcels within the Assessment District could I not be developed to their planned and conditionally approved uses. The special benefit conferred on the parcels within the Assessment District from I the proposed improvements include: increased development potential, relief from access constraints, improved accessibility to utilities, fulfillment of development conditions and ensured investment returns. The special benefit to each parcel is I such that the parcels will be allowed to gain access to a public street network and have water, sewer, recycled water and dry utilities readily available, thereby allowing them to develop to their highest potential. I Special benefit accrues to each parcel to be subdivided and served by the improvements to be constructed. Since some of the areas within the Assessment I District have not been subdivided into individual lots at this time, the assessments will be placed in aggregate on one or more existing assessor parcels and apportionment of the assessments will take place as final maps record. I C. GENERAL BENEFITS I Some public improvements will confer general benefit to properties or the public at large outside the Assessment District. In making an analysis, a review was conducted of the surrounding areas. The review resulted in identifying general i benefits that accrued to properties outside the Assessment District. I. I Prepared by Galen N. Peterson March 29, 2004 City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 15 I • Poinsettia Lane is designated as a prime arterial roadway. Previously, Poinsettia Lane did not exist east of El Camino Real. Four lanes are proposed to be constructed. Two lanes are required to serve the estimated volume of traffic generated by the Assessment District parcels. Two center lanes (one in each I direction) are required for through traffic originating outside of the Assessment District. The costs associated with the construction and placement of the asphalt l and base for the two center lanes have been determined to be a general benefit and will not be assessed to parcels within the Assessment District. El Fuerte Street is designated as a secondary arterial roadway and will be I constructed from Palomar Airport Road south to connect to the existing terminus of El Fuerte Street at the southerly boundary of Bressi Ranch. Four lanes are I proposed to be constructed. Two lanes are required to serve the estimated volume of traffic generated by the Assessment District parcels. Two center lanes (one in each direction) are required for through traffic originating outside of I the Assessment District. The costs associated with the construction and placement of the asphalt and base for the two center lanes have been determined to be a general benefit and will not be assessed to parcels within the I Assessment District. Based on the estimated roadway construction costs, the cost of the roadway base and asphalt pavement to provide the two center lanes for both Poinsettia l • Lane and El Fuerte Street is approximately $968,360. The grading beneath the two center lanes of each roadway benefits the Assessment District because it provides lateral support to the Assessment District paved lanes. This I grading can not be eliminated from the overall roadway grading without constructing retaining walls that would unreasonably increase the Assessment District cast. Therefore all of the Poinsettia Lane and El Fuerte Street grading I provides special benefit to the Assessment District Properties. D. PROPORTIONING SPECIAL BENEFITS I D-1 Land Use Categories The following land use categories are included in the Assessment District: I planned industrial, business park, community retail, office, single-family detached and single-family attached residential, apartments (affordable housing), assisted living, daycare center, boys and girls club, church, school, 1 home owners association recreation areas, park and open space. I I I I. I I Except for the irrigated areas in Assessment Numbers 17 and 39 (Village Green OS-2 and open space lot 34), the non-active and undeveloped open space areas do not receive special benefit from the works of improvements and will not be assessed. Open space areas are those areas that are deeded or perpetually designated in easements. Prepared by Galen N. Peterson March 29, 2004 I City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 16 I .D-2 Proportionate Special Benefit of Roadway Improvements Trip Generation Factors for Roadway Improvements I The use of and need for roadway improvements is a function of the number of vehicle trips per day generated by the use of the land served by the streets. Traffic engineers have developed traffic I generation factors, which are related to development density and type of land use. Therefore, trip generation is an appropriate basis for ' apportioning roadway improvements and related costs among the specially benefited parcels. The trip generation factors will be estimated from the July 1998, SANDAG Trip Generation Manual and weighted as I explained below. SANDAG categorizes trips as primary, diverted and pass-by. This I land analysis uses only the primary trip percentages for the non-residential use categories to avoid double counting of the residential trips. I The Single Family Detached Trip Generation Average Daily Trips (ADT) per detached single-family dwelling is 10 ADT. The Assessment District single-family dwelling product types are ' similar to the SANDAG study areas. Single Family Attached Trip Generation The Average Daily Trips per attached dwelling unit or for a condominium I unit is 8 ADT. Affordable Housina (Bressi Ranch) Trio Generation I The Average Daily Trips for each affordable housing unit, based on the formula in footnote R of the 1998 SANDAG Trip Generation Manual, is 6.4ADT (-2.169 Ln(100 units/5.13 ac) + 12.85). I Apartment Affordable Housing (Greens) Trip Generation The Average Daily Trips for each affordable housing unit, based on the 1 1998 SANDAG Trip Generation Manual for apartments, is 6 ADT. Assisted Living Trip Generation I The Average Daily Trips for each assisted living room, based on 1998 SANDAG Trip Generation Manual for congregate care facility, is 2 ADT. I Industrial Trip Generation The Average Daily Trips for industrial park is 80 ADT per net acre. The primary trip percentage for industrial park is 79%. I, I I Prepared by Galen N. Peterson March 29, 2004 I City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 17 l ie Community Retail Trip Generation The Average Daily Trips for commercial shops - specialty retail/strip commercial is 40 ADT per 1,000 square feet. The primary trip I percentage for this land use is 45%. Office Trip Generation The Average Daily Trips for corporate headquarters office is 7 ADT per 1 1,000 square feet. The primary trip percentage for this land use is 82%. I School Trip Generation The Average Daily Trips for an elementary school is 60 ADT per net acre. The primary trip percentage for an elementary school site is 57%. I Church Trip Generation The Average Daily Trips for a church is 30 ADT per net acre. The primary trip percentage for a church site is 64%. I Day Care Trip Generation The Average Daily Trips rates for day care use is 80 ADT per 1,000 I square feet. The Floor Area Ratio for the day care sites is estimated at 0.1 of building per net land area. Therefore, the 80 ADT per 1,000 square feet is equivalent to approximately 348 ADT per net acre (80 'times 5 43,560/1,000 times 0.1). The primary trip percentage for a day care is 28%. I Boys & Girls Club Trip Generation The Average Daily Trips for a multi-purpose recreational facility is 90 ADT per net acre. The primary trip percentage for this land use is 52%. I Home Owners Association Recreation Areas Trip Generation The Average Daily Trips generation for the home owner's association I (HOA) recreation areas, which is equivalent to a neighborhood park, is 5 ADT per net acre. In order to avoid double counting the residential trips, the primary trip percentage used for external trips is 25%. The HOA lots 47, 48 and 49 within Benefit Area No. 2 were assigned 10, 2.8 I and 1.9 ADT per site, respectively. The three HOA areas in Planning Areas 9, 10 and 12 and the Village Green area (OS-2) within Benefit Area No. 1 were assigned 13.9 ADT. The Village Square area in I Planning Area 15 within Benefit Area No. 1 was assigned 2.5 ADT. I Park Trip Generation The Average Daily Trips generation for a regional park is 20 ADT per net acre. The primary trip percentage for a regional park is 66%. 1, I I Prepared by Galen N. Peterson March 29, 2004 I City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 18 i• I I I Weighted Benefit by Land Use for Roadway Improvements The geographic concentration and placement of major land uses (residential, commercial retail and office, and industrial) within the Assessment District boundaries indicates that their impact on, hence their special benefits from, the roadway improvements are not uniform and should be weighted. The results of a study performed by Urban Systems, Inc. shown at the end of Appendix "F" indicates that the relative weighting for industrial and commercial land use compared to residential land uses on each roadway improvements is as follows: Road Relative Benefit Industrial Commercial Residential and Other Poinsettia Lane 0.4 0.7 1.0 El Fuerte 0.2 0.8 1.0 El Camino Real 0.6 0.5 1.0 These weights were applied to the ADT generation factors discussed above in order to arrive at an allocable share for each of the three roadway improvement costs. The costs for each of the roadway improvements were allocated only to the assessment numbers that specially benefit from such roadway improvements as set forth below: Poinsettia Lane - Poinsettia Lane roadway costs specially benefit all assessment numbers in the Assessment District. Therefore, Poinsettia Lane I roadway costs were allocated to all assessment numbers based on the ADT generation factors and weighting applicable to Poinsettia Lane. I El Fuerte - El Fuerte roadway costs specially benefit only assessment numbers 1 through 21. Therefore, El Fuerte roadway costs were allocated only to assessment numbers 1 through 21 based on the ADT generation I factors and weighting applicable to El Fuerte. I El Camino Real (Bressi Ranch portion) - El Camino Real (Bressi Ranch portion) roadway costs specially benefit only assessment numbers 1 through 21. Therefore, El Camino Real (Bressi Ranch portion) roadway costs were I allocated only to assessment numbers 1 through 21 based on the ADT generation factors and weighting applicable to El Camino Real (Bressi Ranch portion). 1 El Camino Real (Greene portion) - El Camino Real (Greens portion) roadway costs specially benefit only assessment numbers 22 through 39. I I Prepared by Galen N. Peterson March 29, 2004 I I I I I I I I I City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 19 I .Therefore, El Camino Real (Greens portion) roadway costs were allocated only to assessment numbers 22 through 39 based on the ADT generation factors and weighting applicable to El Camino Real (Greens portion). I D-3 Proportionate Special Benefit of Utility Improvements The most pertinent and reasonable utility improvement special benefit variable is average daily demand. The detached single family home will be the basic equivalence for measuring demand to other land use categories. Potable Water and Sewer Water and sewer demand was obtained from the 2002 update of the City of Carlsbad Water Master Plan. A summary of the water and sewer usage is shown below: H I I I I I I 1. L 17 Land Use Potable Water and Sewer Usage Single Family Detached 550 gallons / day Single Family Attached 250 gallons / day Non Residential 2,300 gallons / 10,000 SF /day I A single family detached unit has been assigned an equivalent dwelling unit (EDU) weight of 1.0 EDU. By converting the gallons per day to EDU we arrive at the following table: Land Use Potable Water and Sewer EDU Single Family Detached 1.0 EDU / Unit Single Family Attached 0.5 EDU / Unit Non Residential 4.2 EDU / 10,000 SF The City of Carlsbad Water Master Plan estimates water demand for park as 2.5 acre-foot per acre per year. This translates to 2,230 gallons per acre per day (2.5 x 43,560 x 7.48/365). Potable water demand for park is estimated as 10% of the demand for recycled water for irrigation, resulting in 0.4 EDU per acre (0.1 x 2,230/550) of parkland. I Prepared by Galen N. Peterson March 29, 2004 I City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 20 l ie Homeowner association (HOA) lots water usage was estimated based on the characteristics of the parcels and their expected land use. The HOA lots 47, 48 and 49 within Benefit Area No. 2 were assigned 2.41, 2.08 I and 1.43 EDU per site, respectively. The three HOA areas in Planning Areas 9, 10 and 12 and the Village Green area (OS-2) within Benefit Area No. 1 were assigned 3.8 EDU. The Village Square area in I Planning Area 15 within Benefit Area No. 1 was assigned 1.0 EDU. The Assessment Diagram identifies two benefit zones for sewer I improvements. Sewer Zone A includes all of the Assessment District parcels that benefit from the sewer improvements. Sewer Zone B includes the remaining Assessment District parcels that do not benefit from the sewer i improvements. The water and sewer costs for new facilities (sewer relocation related to I the construction of the road was allocated with the street costs) related to each street segment were allocated only to the assessment numbers that specially benefit from such water and sewer costs as set forth I below: Poinsettia Lane Segment I - Poinsettia Lane Segment 1 water costs benefit only assessment numbers 22 through 39. Therefore, I specially • Poinsettia Lane Segment 1 water costs were allocated only to assessment numbers 22 through 39 based on the applicable EDU factors. I Poinsettia Lane Segment 2— Poinsettia Lane Segment 2 water costs specially benefit only assessment numbers 1 through 21. Therefore, Poinsettia Lane Segment 2 water costs were allocated only to assessment I numbers I through 21 based on the applicable EDU factors. El Fuerte - El Fuerte water costs specially benefit only assessment numbers 1 1 through 21. Therefore, El Fuerte water costs were allocated only to assessment numbers 1 through 21 based on the applicable EDU factors. I El Camino Real (Bressi Ranch portion) - El Camino Real (Bressi Ranch portion) water costs specially benefit only assessment numbers 1 through 21. Therefore, El Camino Real (Bressi Ranch portion) water costs were I allocated only to assessment numbers 1 through 21 based on the applicable EDU factors. I El Camino Real (Greens portion) - El Camino Real (Greens portion) water costs specially benefit only assessment numbers 22 through 39. Therefore, El Camino Real (Greens portion) water costs were allocated only to I assessment numbers 22 through 39 based on the applicable EDU factors. I I Prepared by Galen N. Peterson March 29, 2004 Road way_Improvements Utilities Land Use Category Primary Trip Adjusted ADT % Applied 1 ADT EDUs Single Family 10/DU - 10/DU 1.0/DU Detached Single Family 8/DU - 8/DU 0.5 I DU Attached Affordable Housing 6.4 / DU - 6.4 / DU 0.5 / DU (Bressi Ranch) Apartment (Affordable 6/DU - 6 /DU 0.5 I DU Housing) Assisted Living 2 / Room - 2 / Room 4.2 / 10ksf Industrial 80 I AC 79% 63 I AC 4.2 / 10ksf Community Retail 40/1,000 45% 18/1,000 4.2/ l0ksf SF Sr Office 7/1,000 SF 82% 6 /1,000SF 4.2/10ksf School 60 / AC 57% 34 / AC 4.2 / 10ksf Church 30/AC 64% 19/AC 4.2/ 10ksf Day Care 80/ 1,000 28% 97.4/AC 4.2/10ksf SF Boys & Girls Club 90 I AC 52% 47/AC 4.2 / 10ksf Homeowners 5/AC 25% 1.25 / AC 4.2 / lOksf Association Rec Areas and per site and per site Community (Regional) 20 I AC 66% 13 / AC 0.4 I AC Park I I I I I I I I I City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 21 I • Sewer costs benefit only assessment numbers in Sewer Zone A, as shown on the Assessment Diagram. Therefore, sewer costs for each road segment were allocated to the respective assessment numbers that the water was U allocated to, but only to parcels within Sewer Zone A based on the applicable EDU factors. There was no assessment for sewer costs to the assessment numbers in Sewer Zone B, as shown on the Assessment Diagram. I Summary of Special Benefit Factors 1. Primary Trips are defined by SANDAG as "one trip directly between origin and primary I destination." I Prepared by Galen N. Peterson March 29, 2004 City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 22 • Recycled Water The recycled water system located within the public right-of-way will provide U irrigation water to (I) medians, parkways, and adjacent roadway slopes (in and adjacent to the public streets and public easements) (ii) landscaped slopes and pocket parks within the home owners association open space I areas (iii) landscaped areas of the public park (iv) landscaped areas of the school (v) landscaped areas of the private school and (vi) landscaped areas the industrial section. I of The recycled water system specially benefits only the six categories stated I above. Therefore, the recycled water system costs were allocated only to the irrigated area of these six categories. The percentage of area in each category, determined from the total area in all six categories, was multiplied times the cost of the recycled water system to arrive at the cost to be applied I to each category. The resulting recycled water system cost for the first category was added to the cost for the roadways and spread to all of the assessment numbers that specially benefit from the roadways. The resulting I recycled water system cost for the second category was spread to all of the residential units within the homeowners association that specially benefits I from the open space areas. The resulting recycled water system cost for the last four categories was spread to the assessment numbers that correspond to those areas. I Dry Utilities The demand for dry utilities is considered to be similar to the factors I used for water and sewer as shown above. The dry utilities costs (limited by the Internal Revenue Service to five percent of the bond issue amount in order for the bonds to qualify for tax-exempt status) were allocated based on EDU factors using the same methodology and, except as noted below, the same factors as were used in allocating water costs I Due to the unique characteristics of the home owner association lots, the following dry utilities EDU factors were used for these lots: The HOA lots 47, 48 and 49 within Benefit Area No. 2 were assigned 1.5, 0.3 and 0.3 I EDU per site, respectively. The three HOA areas in Planning Areas 9, 10 and 12 and the Village Green area (OS-2) within Benefit Area No. 1 were assigned 2.4 EDU. The Village Square area in Planning Area 15 I within Benefit Area No. 1 was assigned 1.0 EDU. 0-4 Proportioning Formation, Issuance and Financing Costs • The costs to form this Assessment District, including the costs of issuance, have been determined to be eligible for inclusion in the Assessment District I I Prepared by Galen N. Peterson March 29, 2004 I I I I City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 23 I .funding. Some of the incidental costs can be assigned directly to one of the benefit components as shown in Appendix "E". These costs that cannot be assigned directly to any one of the benefit components and therefore have I been separated into a separate component for purposes of defining special benefits and allocating costs on a pro-rata basis relative to the improvement costs associated with each parcel as shown in Table 1 of I Appendix F. The financing costs (bond discount and bond reserve), including capitalized interest, have also been assessed on a pro-rata basis relative to the improvement costs associated with each parcel. I E. PROCLAMATIONS I E-1 Assessments are equal to or less than the proportional special benefit each parcel receives The special benefit received from the Assessment District improvements I exceeds the assessment allocated to each parcel. The improvements provided will increase the value of each parcel by more than the assessment levied upon it. To ensure that the assessments will be equal to or less than the I proportional special benefit conferred, a review was made of similar properties in the vicinity. Comparison of recent sales records indicated that I the average price per square foot of raw land increased in an amount greater • than the costs of the assessments per square foot after backbone improvements in roadway and utility were place. I E-2 Reasonableness and Justification of Assessments I It is well known and understood by the development community that public infrastructure is required for raw land to develop to its highest and best use. After the passage of Proposition 13 and Assembly Bill 1600, developers and investors realize that they must provide the public infrastructure to support their developments without burdening existing properties. The Assessment District improvements are estimated to add 7% or more value to each parcel's overall value. A review of other developments has shown that this percentage is consistent with the costs of providing backbone access and utilities to raw land in similar developments. Therefore this Assessment levy is reasonable in relationship to the added value the improvements provide to the parcels. E-3 Future Apportionment of Special Benefit 1• Special benefit will accrue to each parcel created by the subdivision of the property within the Assessment District. Since certain existing parcels within the Assessment District will not, at the time of formation of the Assessment District, have been subdivided into final lots, the initial assessments established at the time of formation of the Assessment District will be placed I Prepared by Galen N. Peterson March 29, 2004 I I City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 24 1 in the aggregate on the assessors parcels existing at the time of formation of the Assessment District. An assessment levied on a parcel existing at the time of formation of the Assessment District will be apportioned among those I parcels created by the subsequent subdivision of such existing parcel. Assessments apportioned to any parcel created by the subdivision of an I existing parcel which is to be owned by a public agency (each, a "Public Parcel") or a non-profit 501(c)(3) organization (each, a "501(c)(3) Parcel") or a home owners association (each, an "HOA Parcel") must be paid off in full prior to the recordation of the final subdivision map creating such Public I Parcel or 501(c)(3) Parcel or HOA Parcel or contributed by the Developer as a reduced purchase price for improvements to be acquired pursuant to the Acquisition/Financing Agreement. The City shall not provide to the owner or I subdivider of such existing parcel a certificate as required by Government Code Section 66493(f) for any subdivision certifying that the City Council has determined that provision has been made for the segregation of the I responsibility of each of the proposed new parcels for a portion of the assessment unless payment in full of the assessments apportioned to all U Public Parcels, 501(c)(3) Parcels and HOA Parcels created by such subdivision has been received by the City or otherwise contributed as described above. I It is the City of Carlsbad's policy that final lots that receive similar special benefit also have similar final assessments. If the future subdivision of any planning area does not yield the estimated number of dwelling units, the City I reserves the right to require upon application of assessment reapportionment, that a portion of the outstanding assessment be paid by the property owners to ensure that the assessments remain consistent within and I between the planning areas as further provided in the Acquisition/Financing Agreement. All reapportion ments will be subject to City of Carlsbad policies and procedures. 1 FINDINGS AND DETERMINATIONS OF ASSESSMENT ENGINEER The undersigned, Galen N. Peterson, hereby finds and determine as follows: The proportionate special benefit derived by each parcel proposed to be I assessed has been determined in relationship to the entirety of the costs of the improvements to be funded from the proceeds of the bonds issued for the Assessment District and the cash collections. I No assessment is proposed to be imposed on any parcel, which exceeds the reasonable cost of the proportional special benefit conferred on that 1 parcel. I. I Prepared by Galen N. Peterson March 29, 2004 I City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 25 I• C. Only special benefits have been assessed, I D. Parcels within the Assessment District that are owned or used by any agency, the State of California or the United States and which receive a special benefit from the improvements have been assessed accordingly. In conclusion, it is my opinion that the assessments for the referenced Assessment District have been spread in direct accordance with the estimated H special benefits that each parcel receives from the improvements. I Dated: 2dayof 4c14 ,200- I I I. GALEN N. PETERSON, P.E. R.C.E. No. 18,364 (Expires 06/2005) ASSESSMENT ENGINEER CITY OF CARLSBAD SAN DIEGO COUNTY STATE OF CALIFORNIA I I I I I 1• I Prepared by Galen N. Peterson March 29, 2004 I I I City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 26 1 .I, LORRAINE M. WOOD, CITY CLERK of the CITY OF CARLSBAD, CALIFORNIA do hereby certify that the foregoing Assessment, together with the Diagram attached thereto, was filed in my office on the /_7 M day of I a14,4y, 20O. g CYCL CITY OF CARLSBAD STATE OF CALIFORNIA I, LORRAINE M. WOOD, CITY CLERK of the CITY OF CARLSBAD, CALIFORNIA do hereby certify that the foregoing Assessment, together with the Diagram attached thereto, was preliminarily approved by the City Council of the CITY OF CARLSBAD, CALIFORNIA, on the/ 7 day of1 2001. CITY OF CARLSBAD. STATE OF CALIFORNIA I, LORRAINE M. WOOD, CITY CLERK of the CITY OF CARLSBAD, CALIFORNIA do hereby certify that the foregoing Assessment, together with the Diagram attached thereto, was approved and confirmed by the City Council of said City on the day of 200 CITY CLERK CITY OF CARLSBAD STATE OF CALIFORNIA I 1 I, GLENN PRUIM, Superintendent of Streets I City Engineer of the CITY OF CARLSBAD, CALIFORNIA do hereby certify that the foregoing Assessment, together with the Diagram attached thereto, was filed in my office on the day of ,200_. I SUPERINTENDENT OF STREETS /CITY ENGINEER CITY OF CARLSBAD STATE OF CALIFORNIA I Prepared by Galen N. Peterson March 29, 2004 I I I I I i I I I 1 I [1 I. 1 I I I I 1 Li I I 1 I EXHIBIT 3 REVISED SPREAD AMENDING ASSESSMENTS I - - - - - - - - - - - - - - - - - REVISED SPREAD AMENDING ASSESSMENTS ASSESSMENT DISTRICT 2002-01 (POINSETTIA LANE EAST) CARLSBAD TRACT CT 05-09 CITY OF CARLSBAD SAN DIEGO COUNTY DATE September 4, 2008 PREVIOUS ASSESSMENTS ASSESSMENT ASSESSORS PARCEL ASSESSABLE BONDED ASSESSMENT OWNER OF NO. PARCEL NO. DESCRIPTION NET ACRES LIEN LIEN RECORD 5-33 213-263-01 CARLSBAD TRACT 14960, LOT 33 3.814 $237,007.96 $271,925.00 SPECTRUM FLEX LLC 5-34 213-263-02 CARLSBAD TRACT 14960, LOT 34 1.447 $89,918.86 $103,166.09 SPECTRUM FLEX LLC 5-35 213-263-03 CARLSBAD TRACT 14960, LOT 35 1.690 $105,019.26 $120,491.15 SPECTRUM FLEX LLC 5-36 213-263-04 CARLSBAD TRACT 14960, LOT 36 1.842 $114,464.78 $131,328.23 SPECTRUM FLEX LLC 5-37 213-263-05 CARLSBAD TRACT 14960, LOT 37 1.644 $102,160.75 $117,211.51 SPECTRUM FLEX LLC 5-38 213-263-06 CARLSBAD TRACT 14960, LOT 38 2.289 $142,242.06 $163,197.78 SPECTRUM FLEX LLC 5-39 213-263-07 CARLSBAD TRACT 14960, LOT 39 1.775 $110,301.29 $126,551.36 SPECTRUM FLEX LLC TOTAL 14.501 $901,114.96 $1,033,871.12 AMENDED ASSESSMENTS (1) ASSESSMENT ASSESSOR'S PARCEL ASSESSABLE BONDED ASSESSMENT OWNER OF NO. PARCEL NO. DESCRIPTION NET ACRES (2) LIEN LIEN RECORD 5-33-39-1 213-263-09 CARLSBAD TRACT CT 05-09, LOT 1 0.643 $50,151.82 $57,540.40 SPECTRUM FLEX LLC 5-33-39-2 213-263-10 CARLSBAD TRACT CT 05-09, LOT 2 0.537 $41,900.22 $48,073.14 SPECTRUM FLEX LLC 5-33-39-3 213-263-11 CARLSBAD TRACT CT 05-09, LOT 3 0.537 $41,900.22 $48,073.14 SPECTRUM FLEX LLC 5-33-39-4 213-263-12 CARLSBAD TRACT CT 05-09, LOT 4 .1.062 $82,830.20 $95,033.10 SPECTRUM FLEX LLC 5-33-39-5 213-263-13 CARLSBAD TRACT CT 05-09, LOT 5 0.460 $35,875.53 $41,160.87 SPECTRUM FLEX LLC 5-33-39-6 213-263-14 CARLSBAD TRACT CT 05-09, LOT 6 0.617 $48,132.81 $55,223.94 SPECTRUM FLEX LLC 5-33-39-7 213-263-15 CARLSBAD TRACT CT 05-09, LOT 7 0.466 $36,319.07 $41,669.75 SPECTRUM FLEX LLC 5-33-39-8 213-263-16 CARLSBAD TRACT CT 05-09, LOT 8 0.762 $59,406.00 $68,157.95 SPECTRUM FLEX LLC N/A 213-263-17 CARLSBAD TRACT CT 05-09, LOT 9, COMM. AREA 0.000 $0.00 $0.00 SPECTRUM FLEX LLC 5-33-39-9 213-263-18 CARLSBAD TRACT CT 05-09, LOT 10 2.336 $182,087.23 $208,913.11 KELLY CAPITAL GROUP INC 5-33-39-10 213-263-19 CARLSBAD TRACT CT 05-09, LOT 11 1.738 $135,488.42 $155,449.16 DANIELSON DSS LLC 5-33-39-11 213-263-20 CARLSBAD TRACT CT 05-09, LOT 12 2.399 $187,023.45 $214,576.56 KELLY CAPITAL GROUP INC TOTALS 11.558 $901,114.96 $1,033,871.12 Total Assessments $901114.96 $1,033,871.12 Assessable Net Acres 11.56 11.56 Assessment / Acre $77,962.98 $89,448.82 Per the Engineers Report, this spread was calculated based on assessable net acreage. A portion of the acreage from the Common Area (Lot 9) was allocated to the Condo Units (Lots 1-8) to ensure a fair spread of assessments. p curIbed3255O94-t2\ Spt-12 Prepared by Willdan Financial Services Page 1 of 2 I I I I ri I I I Li I I 1 Ll 1 1 I EXHIBIT 4 Li TRACT MAP CT 05-09 Al" -- N LU - .-.-..,. - - - -1 --c: -. - -:f4-,- . ' -I'- • '? •&= -flç -. f- i'.- - ff L' Qs -. -- - ' 5 ; I ? - ,-- - I' .' a If___ a J - t --- f_•_ • -1 -' £ -, -' :1 -- - ' - I I I I I I I I I I 1 U I I I 1 I 1 CT 05-09 1 of 8 - - - - - - - - = - - - - m - - = _ - MAP NO .15 ... CARLSBAD TRA CT CT 05-09 SHEET 2 OF 8 SH.ETS COUNTY OF SAN DIEGO, S FATE OF CALIFORNL SRESS/ RANCH .4 101I04'IIA 0' 'V ii 1004 (041144111111' '0.' 11 '. - /114000 Xx 111 V L!IQ'I t J14..CQf 'l 01 - o l,0 11,6' -t1, '4,1110441 4404.4101 'o 044 (40400 r 1117400 r., 11) '4. 0, Io - ...........mo.... -- 10 4.10.444 444140 '10 IC (01 40'10440 -P--1404VN 4117 4400 1044 4 --'040'V4405 4, 1111,404' 4044 1' ,10 .4040104') 11)01 1017 04 .000 ,1) 04-4,00(004 10 04 ititR 1)44 ( %000i4 41t ,,,o4 11 j, f( C 4 /017 014 4000 '4041 11) IL 010405 11,444 ,4'0) 404410(1005 1) 44 ',NN'10 " 144 01104 4011 004.,44.,41011 1 (1,71 .5 '(4 1174 171/040 1700110044 01510 10 10( SOT '44' 04174, 4,71 45/ (174 044,,,tftWf/004 1740 4,401)010 1,4,1041 o i4'j1)t 5I I1 '5 170' .0114, '/4V JO(4l4C 401717 T17V 1700 717 4 5'440 44 &,1147 17 '1 4017M1C,410WWCFA ois o (4,o 444r11(7.() 11. 4404h5 I 4/0 1117 bY /0400 /4140 /10 I 1, I 11411000,4! 00 00/0170 (74 1(1011170411 Al 144014,410,4. 0104 100 OH' S f)04L114 04 .17' 4411110411! 401444(315( 504 /'1'4'170440110 .40 44010 /04 IP01,I404AC104 ('0117)00 .501101140101 411/1 1k0 '4171) (4IOQ 1044401001,10044! 10110' 10! 117170,171/V ocml 41(1900 1/00101144404! 4141510474 . 4Z'(4I/1IQ7 / 41001,11)40 -'- (('414" .4(0 11, rth5L.. 11440304. .40 .4 (.LU' Al 141010,4117 40001 11 0(1(1040* i440404 '(110045510 1v,VII17)_. ..,!wwi' 4(11444001 17)11T (C (0/SC$5 '50 ,.,,. CI44017 0! i4II41111'( 10,40404141104155011 (141 04/0(0141, (14/7 17 ,104,/4110A $10?' IF 1111104.417 17,2 Ci. 1f.$14'' 11(4100171005 - o. /014.01,044,. 41404 1004 ,1A'11l)#10'414441/0'Al4.$4 %15,t.0417.., '0.44 10444 v N1/4l 01 4,104 14o 44. Iw 114.05,11 4 0 14000'041 4004, 4(444,00/ 44)04 /0414.08.104104 4/54 .444), /4' .1775/AC e-'A.oz 0 .4 1017 '11 / 404 tl,4/) CJ'04 ,,00000 10 '44 4044 oA$r'(..00r o,,) .4 0040400 0 -444101,417, 10 70 4541 4401444641 '4 1(70641040 10 11100 194045,0(0 1/ 044011 010114.4440! 44) ,4'4 10000 IL ?,4/170A4l444)'44 II $1 10 5440 /10 ( .0040(1045100 178' 1044 )17 (0)4441017174 174 . 4/ 0/ C CC /110 11 1048' 11 01 4 j'401 171)41173101,4 0! 4010 ot r( )o4'44m4 '00017 NA)44 .0111 40,0.4. '4011 '404) 1' TO th)1141011414 111141 (40'4444 1711/1104,00 4400450,. 1044 1140 Of 14440417411 401.17104 .4404. 4400)1 1140 .444844.,5I ,4b 1/4,4 4)4*111 (4 100 11L171114469'44( lY4).o(04 04101 170400111$ 1 01 /4 04100011 1711 / 4344)04114 'V ,V £41101 II #8.404 (04 14 01140?I2,}44'T4l4 £10155/WOO: osut.o: 64 .44 ,'004,45, 04404641)40 444 41717045 17(101 41174400 4044 043/7144411. 0111,15417447 ' o04os ' .Nv. i...4.. roo_.444L .. 40017. ___ ............ ('1704 ,'I41744',,._...________. or 1,114444.4,40(4041170 .4 '1 1114441044 (44404.')O 44 (417.011...) (',1741, 171 .0' /4 01041 1044. 17'01,415) IS 1444A544.,_C001( 9(1108.17044, /44iI400 7S4éV,,,11517r 44,1(013010 114100400 .55 1417, ,..4.417717 ($34044) I(fl220$4.a.....(.5 44i1044 L46L (104001754000110 ,...,............ PAl? TIVERS ,.od fr./ç(o.'f:417,(1 N.ouAaMRpogrMAD - - - - -- 744 4 V'9.- 9 ( ,/4 4 i1 E-1 ------------------- 31 H L WpUrltla- - w4t law ------1 I- / \ - 1 - \_—Lar 7 ___hATEftY ROAD -' Q,UMENTA1fQN NOTES BASfSQ tc .-,,t4:F £'S944 .44.? 4S lIlt 5,31419 F'lO, AN.? a/S 4S&44459t5 VI.? 4I.5//454///4 I. 43 ,9431 03444511 1-4/ 4431451 /43/N 444 445459 1/443144 4.9/4 IS 4444 a/I /41/4' J1 A j40 4? /4/4/454/44344SlAdU 49 .3/4 .341* 4 N 944 4/31 44/1* l/41,oa/44/r31I*t '9 14 4/4/4 / 4/3 14 4/4 4 4-4 4'. 'ss9$ 444444544/444 44$33S '45 4'4/4W44 4444141 33 ,4444t/". 319/4 - 444 444' 41 /534441/4".' 544914 0-3/42a -awptw'. I 4144/91 .4 3/4' 4444/041 39N 4541 I /4/ 44 44/9 Al 4/ 4444/ /443/44 1434 Or laS 414.2191499 a/S4-/4#.445 9/4/334 Z411343 5.44(14911444 4 5515 a,.- 4. 40-.,. 44909 1 --_---; r'S,,r - •.,.;. I i;-:;; .'j 4,9 - '4 ••114 -4- PA Ri NLS '~t15u41w - - - - - - - - - - - - - - = m m - MAPNO CARLOAD TRACT CT 05-09 4' , OF SM DIEGO OF CALRN CON STATE F I/492/ I 44 I *40 /4 BRESS/RANCH PROCEDURE OF SURVEY - ---- : /1594 (44-49// 1/ '44 ( .144/ I 443935, 114/4-44_NI 4/AL) 40-444 ,9- i4I M15i44f51 /.''i 4_I, '5 .5W ss,f ?.51 4 159/ 9/251511135 4/ 'S \ or, S \ \ 4 9 ..2;4' 01. - - - - - - - - - - - - - - - - - - - /LIIAPNO SHEET 4 OF 8 SHEETS LEC) • ;11A,", 3.4-OH 1, .44" 45 3 I 415 -, 6.... 24.. .1 .13' 3 314? it .4? .1.' rilro ' 4.- 4154.4944 Sal 43 M'.542 W '.0., 14. 4.t•.%.At._ p-,li.. ,,;.•'/./#1-'' 444:It4).# 54.1.4 15 4 2 .0.4f .113 '0) A /,kt1,4'4J44s.44'W4,6.. 13 415 ••..34•5# V '' IS V/.tQqA' 454J 3) 34 44 - 5) sj...444 24441 i,4 4. ~ml 434.151 4/54.4 .1.15 3' im 12' .5159' •'41541.41 3) 15,s34./(('540 .4/3.A44 4142 3 CA H ArS .9/.5 iiq 4140 a .4.2.4)1)4 414444', - MA4.44U 446•5.4) .4 44444. ',a.t_.. 4, 413 CARL SBA D TRACT CTO5-09 COUNTS' OF SAN DEOO, STATE OF CALIFOflUA BRESS/ RANCH LEGEND AND EASEMENTS EA$.MELQJ -5441 14.'%S 455.444:4444.4/10 ff15 fIC .4ff4041)2544114/1414 .4/. .4.541144-51 )15 15-&15230 54? 44414/1502J '•444/)'/•( 55' .4535/44 /541341555-0/15)401/4/2 -4444' 4W 35 ,/52154112?T 55 55-4/2241 45/34 5015o '.14..50.4.4/. 5154/54 40j4ff (405554? .144? .1)4? .44/' ,413 (C4/15 /55'54/1) .4.'1..-'57 (4111.44./I 14/ 14: /14441.4111)0 Sr -41,15151 '.d&IY 019.44/S 22/4:6141/24 414435.4 14412 544.444 . 54/4.13554 /25.4/45) 4:(r (0914554 X(4 .54 21)15.4553/129141 544 /15J../5555•54 /453 '.1,444.444.11.44041414141141414.4 55/4/ 4" 1 .1354/1)455)54:14.1,34 IA/41/445535/L51 .5) .154.5 4:4540354 C /' Ivue414)4441.54/44/6 5') .40.454444335 2454410415444. /1.1 .41253115 1641.541 14153/ /5 /441 01/4:4:0.4.54551 1/1126150 r4?55546 Qs.141 01.1441) .4//A 440,354 fl 3.14 'WV' 314) 145444140/41 4/A A4:A%5491*T1Z&41S14:5420 1/41 575415 12' 544 1.41-3431(4/0.4101114:045544453 415545X0 /011/55455/4/002 15 545 /'-9' 44 414. 5555344/ 41 4015)13 414:12515 ,0.1/A-f6411414C. 1 111.43 .414151)411144' 44/1/44 12 .11/14 453454/3/. 000/2 3,1113 44153/5 .011/MI5 134.40.9? .13544104? 5'/#)471) 41.1.415 115/4.11.24014 .4? 14/105241/. 1051/4/2.1 .4 4134/00410.4:1104.4 54:/41 /514 141 .34105)04413531151444/15 (4113141 4 044144/4/ 41 4 .0/41) .61111.15.4 541)4/3) SIr 4/ 1/41/5/2111121/ 11.41 12' .030.1444014.5/41 54 /0131 214:4 13Il! 4144 34 .141 145112 1)12 S )'r)All *400/111:153(04.4 51 4002011/2.151 4/ 3. 1)0415/kS 4 .441 C) .40 -4 040 PA,R TiVERS4 Pfo.srthqço'sd .?41to3ssvg I I I Li Li ow CI 05-09 5 of S - I / L H - — Ei.• -.----- I I I I I k I I I I Li U I I I I I I I I I I I I I I I I I I I I I I CT 05-09 '3 of 8 - - - - - - - - L - - MAP NO CARLSBAD TRACT CT 05-09 COUNT? OF SAN DECO, STATE OF CALIFORNIA BRESSIRANCH ACCESS RIGHTS LOCATION PO AIRPORT PAW LOT Lorp It ft -- - - I I I LjJ - \ :c - - \ \\ ---- --- - i -• _y j-4 /— Cr — ------- —. GATEWAY - / \_ -----V- '7 J4 PAR INERS ?A,CAL SC - P L CI 05-09 8 of S I I 1 1 I I I I I i I I L I I I EXHIBIT 5 I ASSESSOR'S PARCEL MAPS I L) SHT 3 S •_• ___J.' 'K 5L 1' NO ACCESS 2 40-FOOT ACCESS 3 CTRL 0 8385 0 NSP CARLSBAD ICC Cl' 05-09 m 22" CO OF SD, CA BRESSI RANCH — — — — — — — — — — — — — — — — — C-) 0, 2). 2) 0 $ - SN MGO OOJhTT ISSSCA45 M? 09 213-26 8 4 SHT4OF4 I = 200 04/03/2007 ED CI-1ANGES )i8 'a 6 0- SHI 3 No / PALC*VtAR AIRPORT RD ' / Pr .. . 3. 3• P 1.7AC ,' 33 1.72 AC I .... AC 38AC j;.2) 3. S,-IT 38 5 AC 1.8 AC 2r'Ac GA wAy RD \\ gi C-1 Si-fl 2 MAP 14960-CARLSBAD TCT CT 02-15 (i) e SHI 2 SHT 3 - - - - - - = - - - - - - - - - - - 0 0 z 0 U) 0 8 0 C) > r 5* OIEGO CMTY ASaS51(S UP 09 j 213-26 z s 4 SHT4OF5 ff4 = 200 A 07/09/08 ARS 'U o () U) NO ACCESS 2 40-FOOT ACCESS mm -mm .--.- U--.- .--.- U--U- U--.- .--.- MAP 15669- CARLSBAD TCT CI 05-09 BRESSI RANCH I I I I I I I I I I I I 1 I I L I EXHIBIT 6 1 AMENDED ASSESSMENT DIAGRAM 1 VICINITY MAP - N.T.S. J - - - - - - - - - - - - - = = - — - _ SHEET 1 OF I AMENDED ASSESSMENT DIAGRAM OF ASSESSMENT DISTRICT NO. 2002-01 (POINSETTIA LANE EAST) CITY CLERKS CERTIFICATE FILED IN THE OFFICE OF THE CITY CLERK OF THE CITY OF CITY OF CARLSBAD CARLSBAD, THIS DAY OF__________ 200_. COUNTY OF SAN DIEGO STATE OF CALIFORNIA CITY CLERK AMENDING ASSESSMENT NUMBERS 5-33, 5-34, 5-35, 5-36, 5-37, 5-38 and 5-39 CITY OF CARLSBAD RECORDED IN THE OFFICE OF THE SUPERINTENDENT OF STREETS, CITY OF CARLSBAD. THIS DAY OF 200_. SUPERINDENT OF STREETS — CITY OF CARLSBAD RD THIS AMENDED ASSESSMENT DIAGRAM AMENDS THE ASSESSMENT DIAGRAM OF ASSESSMENT DISTRICT NO. - 2002-01, CITY OF CARLSBAD, COUNTY OF SAN DIEGO. STATE OF CALIFORNIA. PRIOR RECORDED THE 5TH DAY OF MAY. 2(04, IN BOOK 38 OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS AT PAGE 37, 1 DOCUMENT NUMBER 2004-0404503 IN THE OFFICE OF THE CC> C) COUNTY RECORDER OF THE COUNTY OF SAN DIEGO, () STATE OF CALIFORNIA, I ) FILED THIS DAY OF ,200_,AT THE HOUR OF O'CLOCK —.M., IN BOOK _______ OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS AT PAGE(S) ________ AT THE REQUEST OF THE CITY OF CARLSBAD IN THE OFFICE OF THE COUNTY cr RECORDER OF THE COUNTY OF SAN DIEGO. STATE OF CALIFORNIA. C8) FEE: INSTRUMENT. NO.: GREGORY J. SMITh, COUNTY RECORDER RD BY DEPUTY, COUNTY RECORDER COUNTY OF SAN DIEGO NOTE: FOR PARTICULARS OF THE LINES AND DIMENSIONS ASSESSOR'S PARCELS, REFERENCE IS MADE TO THE ___ , ,,., r MAPS OF THE SAN DEIGO COUNTY ASSESSOR OF SAN , ' " DIEGO COUNTY RECORDS WHICH MAPS SHALL GOVERN FOR ALL DETAILS RELATING THERETO. 4WILLDAN it LEGEND ____________________ DOCUMENT NUMBER: 2008-0019388 Financial Services ______________________________ 27368 ViaI599U, 04 T0 50110 APPORTIONMENT BOUNDARY ''ME I 90. CA 92590 Il , 56 CD MAP REFERENCE NUMBER , - ' ' 3208094-12 SEPTEMBER 2008 NOT TO SCALE (:1:) PREVIOUS MAP REFERENCE NUMBER T-1 I 1 1111 LIT L 0 2 PALOMAR AIRPORT Th I ii CD CD cD c ni _____ I CD C' -----±- cC> \ 9 I4H \\ ATEWA - I I I 1 r] I I I I I I I Li I I I EXHIBIT 7 I NOTICE TO BONDHOLDER I El LLDAN I extending y0ff Financial Services reach :i: II71 'JJf) .\.. IlL.. Dated: September 4, 2008 Stone and Youngberg Attn: hill Huck 4350 La Jolla \'dlagc Drive, Suite I 10 San Diego, (:,\ 92122 NOTICE To BOND HOLDER DIVISION OF LAND AND ASSESSMENT NOTICE IS HEREBY GIVEN to you as the original purchaser of the bonds issued by the City of Carlsbad to represent the unpaid assessments relating to the construction of certain public improvements in an assessment district known and designated as: Assessment District No. 2002-01 (Poinsettia Lane East). Said bonds were issued pursuant to the terms and provisions of the "Improvement Bond Act of 1915", Division 10 of the Streets and Highways Code of the State of California. NOTICE IS HEREBY GIVEN that an apportionment has ben made by the property owner of a assessment relating to the assessments and parcels as indicated by the enclosed report. NOTICE IS HEREBY GIVEN that unless a request for a public hearing is received within fourteen (14) days from the date of this Notice, the above-apportioned assessments shall be recorded in the manner and lorm as required by law. If you have any further questions, please contact the undersigned at the office of the Director of Public Works/City Engineer at the following address: I E L I 1 I I 1 I Mr. Marshall Plantz Senior Civil Engineer I City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 I . J enifer Storsteen Willdan Financial Services 27368 Via Industria, Suite 110 Temecula, CA 92590 (951) 587-3500 This procedure is pursuant to the provisions of Part 10.5 of Division 10 of the Streets and Highways Code of the State of California and the "Improvement Bond Act of 1915". \Villdan Financial Services On behalf of the City of Carlsbad J enifer Storste , ,\nalv.st District Administration Services P H P U Engineering I Geotechnical Environmental I Financial I Homeland Security I 951.5873500 1 800,755.6864 I fax: 951.587.3510 1 27368 Via Industria, Suite 110, Temecula, CA 92590 i www.wiIldan.com El 7 I I Li I I I I I I I I I I I Li I L I EXHIBIT 8 NOTICE OF AMENDED ASSESSMENT I I I LII RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 NOTICE OF AMENDED ASSESSMENT CITY OF CARLSBAD ASSESSMENT DISTRICT NO. 2002-01 (POINSETTIA LANE EAST) AMENDING ASSESSMENT NOS. 5-33, 5-34, 5-35, 5-36, 5-37, 5-38 AND 5-39 (CARLSBAD TRACT MAP CT 05-09) Pursuant to the requirements of Section 3114 of the Streets and Highways Code of California, the undersigned City Clerk of the City of Carlsbad, County of San Diego, State of California, hereby gives notice that an amended assessment diagram and assessment were recorded in the office of the Superintendent of Streets of the City of Carlsbad, as provided for in said Section, and relating to the real property more particularly described on that certain amended assessment diagram filed in accordance with said Section on 200_ in Book of Maps of Assessment and Community Facilities Districts at Page in the office of the Recorder of the County of San Diego. Said amended assessment diagram amends the assessment diagram "Assessment District No. 2002-01 (Poinsettia Lane East)" filed the 5th day of May, 2004 in the office of said County Recorder in Book 38, Page 37 of Maps of Assessment and Community Facilities Districts. Reference is made to th amended assessment diagram and assessment roll recorded in the office of said Director of Public Works (Superintendent of Streets) of the Carlsbad for the amount of each of the amended assessments. Exhibit "A" hereto attached, and by this reference incorporated herein, shows the parcels subject to the amended assessments. DATED: ,200 City Clerk City of Carlsbad County of San Diego State of California 1 I I I I I I I I I I I I I I I I I I I I I I I EXHIBIT A AMENDED ASSESSMENT ROLL ASSESSMENT DISTRICT 2002-01 (POINSETTIA LANE EAST) CARLSBAD TRACT CT 05-09 DATE CITY OF CARLSBAD September 4, 2008 SAN DIEGO COUNTY PREVIOUS ASSESSMENTS ASSESSMENT ASSESSOR'S PARCEL OWNER OF NO. PARCEL NO. DESCRIPTION RECORD 5-33 213-263-01 CARLSBAD TRACT 14960, LOT 33 SPECTRUM FLEX LLC 5-34 213-263-02 CARLSBAD TRACT 14960, LOT 34 SPECTRUM FLEX LLC 5-35 213-263-03 CARLSBAD TRACT 14960, LOT 35 SPECTRUM FLEX LLC 5-36 213-263-04 CARLSBAD TRACT 14960, LOT 36 SPECTRUM FLEX LLC 5-37 213-263-05 CARLSBAD TRACT 14960, LOT 37 SPECTRUM FLEX LLC 5-38 213-263-06 CARLSBAD TRACT 14960, LOT 38 SPECTRUM FLEX LLC 5-39 213-263-07 CARLSBAD TRACT 14960, LOT 39 SPECTRUM FLEX LLC I I 1 I I I I AMENDED ASSESSMENTS ASSESSMENT ASSESSOR'S PARCEL OWNER OF SPECTRUM FLEX LLC SPECTRUM FLEX LLC SPECTRUM FLEX LLC SPECTRUM FLEX LLC SPECTRUM FLEX LLC SPECTRUM FLEX LLC SPECTRUM FLEX LLC SPECTRUM FLEX LLC KELLY CAPITAL GROUP INC DANIELSON DSS LLC KELLY CAPITAL GROUP INC 5-33-39-1 213-263-09 CARLSBAD TRACT CT 05-09, LOT 1 5-33-39-2 213-263-10 CARLSBAD TRACT CT 05-09, LOT 2 5-33-39-3 213-263-11 CARLSBAD TRACT CT 05-09, LOT 3 5-33-394 213-263-12 CARLSBAD TRACT CT 05-09, LOT 4 5-33-39-5 213-263-13 CARLSBAD TRACT CT 05-09, LOT 5 5-33-39-6 213-263-14 CARLSBAD TRACT CT 05-09, LOT 6 5-33-39-7 213-263-15 CARLSBAD TRACT CT 05-09, LOT 5-33-39-8 213-263-16 CARLSBAD TRACT CT 05-09, LOT 8 5-33-39-9 213-263-18 CARLSBAD TRACT CT 05-09, LOT 10 5-33-39-10 213-263-19 CARLSBAD TRACT CT 05-09, LOT 11 5-33-39-11 213-263-20 CARLSBAD TRACT CT 05-09, LOT 12 p:\earIsbd\3208094-8\EXHBIT P, Page 2 of 2 I Aw, Klv !-~, I OCL CITY OF CARLSBAD APPORTIONMENT AND AMENDED ASSESSMENT REPORT ASSESSMENT DISTRICT No. 2002-01, (POINSETTIA LANE EAST) AMENDING ASSESSMENT NUMBER 22-3-1 CARLSBAD TRACT CT 07-05 JANUARY 2010 1 ILLDAN LLi1 Financial Services 1 Corporate Office: 27368 Via Industria Suite 110 Temecula, CA 92590 Tel: (951) 587-3500 Tel: (800) 755-6864 Fax: (951) 587-3510 Regional Office Locations: Lancaster, CA Oakland, CA Sacramento, CA Phoenix, AZ Orlando, FL Memphis, TN I 11 I I II I I i I TABLE OF CONTENTS I i APPLICATION FOR APPORTIONMENT..................................................EXHIBIT I I METHOD OF SPREAD..............................................................................EXHIBIT REVISED SPREAD AMENDING ASSESSMENTS...................................EXHIBIT 2 3 I TRACT CT 07-05 AND CONDOMINIUM PLAN........................................EXHIBIT 4 ASSESSORS PARCEL MAPS..................................................................EXHIBIT 5 1 AMENDED ASSESSMENT DIAGRAM.....................................................EXHIBIT 6 NOTICE TO BONDHOLDER.....................................................................EXHIBIT 7 I NOTICE OF AMENDED ASSESSMENT...................................................EXHIBIT 8 $ I 1 I I I I 1 I I 1 1 1 V i Li EXHIBIT I APPLICATION FOR APPORTIONMENT I I I, CITY OF CARLSBAD I APPLICATION FOR ASSESSMENT APPORTIONMENT Please complete the application in full. Refer to the attached instructions for assistance. I Return corn ple4ed form tot CITY OF CARLSBAD Development Services Engineering Counter 1636 Faraday Avenue 1 . Carlbsad, CA 92008 LC rert s \ LLC. . 4-90 . 2CQ I Owner/Engineer Phone Miniber k11 evi BjL c"c+e. tOO SfreetAdbss I oriEeta L&Ae- o . LaCtM& ( I 3 Call the NeS Government Finance Group at (600) 678-7516 for District end/or Project lnforrnetion Original APN(s) Legal Description Original Assessment Amount(s) t$3 CIT'-t OF CIliZLA DL CAUF. . i2iEL-V-tkp 20174- ________ Ui L - ° OTM OF S L20 -. CLtS2 014. 2-12il0 (, Cr- [1 I I Ppose(PIeaso chock ono) ')( Subdivision Map No.: - I Lot Parcel map t'l.o.; Una Adjustment No.: Parcel Map Waiver No.: 1 .114tuxiber of new parcels: - ESDTtLCL*LC* i ta., rttI)fri Fee Schedule Tract Map Apportionment 45 or more parcels) per Chapter 2. Section 66426 of the Subdivision Map MI: (See the Fee Schedule attached) Parcel Map Apportionment 4 or less parcels per Cbapler2, Section 58426 f the Subdivision Map Act: (See -the Fee Schedule attached) I The undersigned, befog the owner or interested party In property as set forth below, hereby requests the City of Caribsad to apportion the amount remaining unpaid on the above issesament(s) in accordance with the provisions of Part IQ$ of the improvement Bond Act of 1915' or Part 5. Chapter 6.5 of the 'Improvement Act of 1911" and J said assessment is to be apportioned to each separate part of the original lOt or.porcelolFond, the apportionate part of the amount remaining unpaid on the assessment that would have been levied thereon had the lot or parcel been so divided at the time of the original confirmation of assessment. I Applicant's Signature Data IMPORTANT: TWO COPIES OF THE FINAL MAP OR ADJUSTMENT PLAT (18" x 26" BLUELINE & 84/2' xli" REDUCTION) MUST BE PROVIDED TO BE USED AS THE BASIS FOR THE AMENDED ASSESSMENT DIAGRAM. HJOCVELoPMENT StRvlCES/MASTERSJFOflMSJAPPLICATIOWSIAPPUCATIOm4FOP.ACSESSMSNTAPPORTIONMENT On Excel) REVISED 3102 I I I a I Li EXHIBIT 2 METHOD OF SPREAD I I I I City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 6 a. The proposed maximum annual assessment to be levied upon each subdivision or parcel of land within the Assessment District specialty benefiting from the improvements and for which the assessment is unpaid to pay the costs incurred by the City and not otherwise reimbursed resulting from the administration and collection of assessments or from the administration and registration of any associated bonds and reserve or other related funds. For particulars, reference is made to the Resolution of Intention as previously adopted a copy of which is included in Appendix "A" of this Report. NOW, THEREFORE, I, GALEN N. PETERSON, pursuant to the Assessment Law, do hereby submit the following: Pursuant to the provisions of Assessment Law and the Resolution of Intention, I have assessed the costs and expenses of the acquisition or construction of the improvements upon the parcels of land in the Assessment District specially benefited thereby in direct proportion and relation to the estimated special benefits to be received by each of said parcels from the improvements. For particulars as to the identification of said parcels, reference is made to the Assessment Diagram, a copy of which is attached hereto. As required by Assessment Law, a Diagram is attached, showing the Assessment District and the benefit areas therein, as well as the boundaries and dimensions of the respective parcels and subdivisions of land within said District and the benefit areas therein as the same existed at the time of the passage of said Resolution of Intention, each of which subdivisions of land or parcels or lots respectively have been given a separate number upon said Diagram and in said Assessment Roll. I. i I I I I 3. The subdivisions and parcels of land, the numbers therein as shown on the respective Assessment Diagram as attached hereto, correspond with the numbers as appearing on the Assessment Roll as contained herein. [1 I 1• I 4. NOTICE IS HEREBY GIVEN that bonds will be issued in accordance with Division 10 of the Streets and Highways Code of the State of California (the "Improvement Bond Act of 1915"), to represent all unpaid assessments, which bonds shall be issued not to exceed the legal maximum term as authorized by law, i.e., THIRTY-NINE (39) YEARS from the 2nd day of September of the next succeeding twelve (12) months from the date of the bonds. Said bonds shall bear interest at a rate not to exceed the current legal maximum rate of 12% per annum. Prepared by Galen N. Peterson March 29, 2004 I City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 7 • 5. By virtue of the authority contained in the Assessment Law and by further I direction and order of the legislative body, I hereby recommend the following Assessment to cover the costs and expenses of the acquisition or construction of the improvements for the Assessment 1 District based on the costs and expenses as set forth below: As Preliminarily As Finally i Approved Approved and Confirmed I General Construction and Incidental Costs less $ 34,995,291.23 $ 34,995,291.23 Benefit (1) Formation and Issuance Expenses 1,288,417.00 1,288,417.00 I Less Special Benefit Contributions (1,930,891.12) (1,930,891.12) Less Interest Earned Capitalized Interest and Financing Costs 7,413,525.86 7,413,525.86 I Total Assessment (2) $ 41,766,342.97 $ 41,766,342.97 I Subtotal Benefit Area No. 1(2) $ 29,417,441.97 $ 29,417,441.97 Subtotal Benefit Area No. 2(2) $ 12,348,901.00 $ 12,348,901.00 1 .Total Assessment (2) $ 41,766,342.97 $ 41,766,342.97 For particulars as to the individual assessments and their descriptions, reference is made to Exhibits 2 and A attached hereto. (1) The general benefit not assessed is associated with a portion of Poinsettia Lane and El Fuerte as discussed in Exhibit A. An amount equal to such general benefit will be contributed by the developers as a deduction from the purchase price for improvements to be acquired and not reimbursed from bond proceeds. 1 Li 1. I (2) Included in the total assessment are projected individual assessments representing the special benefit from the improvements to be conferred on public parcels (such as the school and park), non-profit organizations (such as open space parcels) and home owner association parcels to be created by the future subdivision of the existing parcels within the Assessment District. Assessments apportioned to such parcels upon the creation thereof will be contributed by the developers either as a deduction from the purchase price for improvements to be acquired and not reimbursed from bond proceeds or, if the purchase price for all improvements has been paid at the time of creation of any such parcel, by a cash contribution equal to the amount necessary to pay off any such assessment. Prepared by Galen N. Peterson March 29, 2004 J ii I City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Summary of Developer Contributions to Off-Set Page 8 1 General Benefit and Special Benefit Assessments Bressi La Costa Ranch Greens (Benefit (Benefit Area No. 11 Area No. 2) Total $ 219,539.28 $ 193,460.72 $ 413,000.00 $ 92,493.55 $ 81,506.45 $ 174,000.00 $ 381,360.00 $ - $ 381,360.00 $ 693,392.82 $ 274,967.18 $ 968,360.00 General Benefit Poinsettia Lane - Segment 1, Street Improvements Poinsettia Lane - Segment 2, Street Improvements El Fuerte - Street Improvements Total General Benefit Special Benefit - Parcels Owned by Public Agencies, Non-Profit Organizations and Home Owners Association (1) I I I ie I I City Park $ - $ 460,797.79 $ 460,797.79 Open Space $ 48,567.87 $ 26,635.11 $ 75,202.98 Home Owners Association (HOA) - 20,140.16 $ 20,140.16 Total Special Benefit (1) $ 48,567.87 $ 507,573.06 $ 556,140.93 Total Developer Contributions (1) $ 741,960.69 $ 782,540.24 $ 1,524,500.93 Notes: (1) Additional future parcels which will be owned by Public Agencies, Non-Profit Organizations or Home Owners Associations are identified in Appendix F and the special benefits of these parcels will be apportioned at the time of subsequent subdivision of existing parcels. The assessments for these future parcels will be contributed by the developers either as a deduction from the purchase price for improvements to be acquired and not reimbursed from bond proceeds or, if the purchase price for all improvements has been paid at the time of creation of any such parcel, by a cash contribution equal to the amount necessary to pay off any such assessment. 6. The Method and Formula of Spread of Assessment is as set forth in Exhibit "A", which is attached hereto, referenced and so incorporated i Prepared by Galen N. Peterson March 29, 2004 I City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 9 2 Assessment Roll S Exhibit I Assessment Land Use As Preliminarily As Finally Number Approved Approved and Confirmed I i 2 Planned Industrial Planned Industrial $ $ 133,110.09 1,487,685.30 $ $ 133,110.09 1,487,685.30 3 Planned Industrial $ 2,832,724.07 $ 2,832,724.07 4 Planned Industrial $ 2,619,254.43 $ 2,619,254.43 I 5 Planned Industrial $ 1,741,701.50 $ 1,741,701.50 6 Single Family Development $ 2,493,790.47 $ 2,493,790.47 1 7 Single Family Development $ 1,526,810.49 $ 1526,810.49 8 Single Family Development $ 2,417,449.94 $ 2,417,449.94 I 9 10 Single Family Development & HOA Single Family Development & HOA $ $ 1,802,430.14 2,155,046.02 $ $ 1,802,430.14 2,155,046.02 11 Single Family Development $ 815,981.03 $ 815,981.03 12 Single Family Development& HOA $ 2,319,874.24 $ 2,319,874.24 I 13 Church, Day Care & School $ 1,250,040.16 $ 1,250,040.16 14 Planned Industrial $ 74,691.03 $ 74,691.03 I 15 Retail, , Multifamily, Assisted Living, Boys & Gifts Club and 0parr space $ 5,746,853.07 $ 5,746,853.07 16 Open Space (OS) $ - $ - 17 OS (Assm'nt Contributed by Developer) $ - $ - I• 18 Open Space (OS) $ - $ 19 Open Space (OS) $ • $ - 20 Open Space (OS) $ - $ - I 21 Open Space (OS) $ - $ - 22 Industrial/Business Park, Cflurth, Day Care and Townhomes(Se Family l)ev $ 1,127,846.77 $ 1,127,846.77 23 Open Space (OS) $ - $ I 24 Park (Assm'nt Contributed by Developer) $ - $ - 25 Single Family Development & School $ 3,053,281.02 $ 3,053,281.02 I 26 27 Single Family Development Open Space (OS) $ $ 2357,989.35 - $ $ 2,357,989.35 - 28 HOA (Assm'nt Contributed by Developer) $ - $ - I 29 30 Single Family Development Open Space (OS) $ $ 2,746,861.05 - $ $ 2,746,861.05 - 31 Single Family Development $ 512,367.86 $ 512,367.86 32 HOA (Assm'nt Contributed by Developer) $ - $ - I 33 Multifamily (Affordable) (Assm'nt Contributed by Developer) $ - $ - 34 Townhome/Single Family Dev $ 2,550,554.95 $ 2,550,554.95 35 Open Space (OS) $ - $ - I 36 Open Space (OS) $ - $ - 37 HOA (Assm'nt Contributed by Developer) $ - $ - 38 Open Space (OS) $ - $ - OS (Assm'nt Contributed by Developer) $ - $ - 1,39 Total $ 41,766,342.97 $ 41,766,342.97 I Prepared by Galen N. Peterson March 29, 2004 T City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 10 I EXHIBIT A I METHOD AND FORMULA OF ASSESSMENT SPREAD I Since the improvements are to be funded by the levying of assessments, the Assessment Law requires that assessments be based on the special benefit that the properties receive from the improvements. In addition, the Assessment Law I provides that a parcel's assessment may not exceed the reasonable cost of the proportional special benefit conferred on that parcel. Further, only special benefits are assessable and the local agency levying the assessment must I separate the general benefits from the special benefits. All publicly owned property must be assessed if it specially benefits from the improvements. The Assessment Law does not specify the method or formula that should be I used to apportion the costs to properties in any special assessment district proceedings. The responsibility for recommending an apportionment of the costs to properties, which specially benefit from the improvements rests with the Assessment Engineer, who is appointed for the purpose of making an analysis of I the facts and determining the correct apportionment of the assessment obligation. In order to apportion the assessments to each parcel in direct proportion with the special benefit which it will receive from the improvements, an in-depth analysis I has been completed and is used as the basis for apportioning costs to each property within the Assessment District as explained below. i• Based upon an analysis of the special benefit to be received by each parcel from the improvements, the Assessment Engineer recommends the ' apportionment of costs as outlined herein. The final authority and action rests with the City Council after hearing all testimony and evidence presented at a public hearing, and the tabulation of the assessment ballots previously mailed to all record I owners of property within the Assessment District. Upon the conclusion of the public hearing, the City Council must make the final determination whether or not the assessment spread has been made in direct proportion to the special benefits I to be received by each parcel within the Assessment District. Assessment ballot tabulation will be finalized at that time and, if a majority of the assessment ballots received prior to the close of the public hearing weighted by assessment amount 1 are not opposed to the levy of the assessments, then the City Council may confirm the levy of the assessments. The following sections define and explain the special benefits and general I benefits, and set forth the methodology used to apportion the costs of the improvements providing special benefits to each parcel, and confirm that the I assessments are reasonable and justified. The Method of Apportionment I The Assessment District improvements have been assigned into six benefit components; roadway, potable water, recycled water, sewer, dry utilities and I Prepared by Galen N. Peterson March 29, 2004 I City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 11 . incidental expenses. Roadway improvement costs are spread on vehicle average I daily trip (ADT) generation. Potable water, sewer and dry utility costs are spread on an equivalent dwelling unit (EDU) basis. Recycled water costs are spread to the roadway and specific parcels based on the amount of recycled water used for I the irrigation of each roadway and specific parcel. The incidental expenses have been based on either the actual cost to each component of the improvements or if the incidental costs apply to all such components then to the prorated construction I cost of each such component. Because some of the assessor parcel boundaries do not coincide with the Village I Planning Areas or Neighborhoods, some initial assessments will be placed in aggregate on multiple assessor parcels until final maps are recorded and the new assessor parcels coincide with the Village Planning Areas or Neighborhoods as I applicable. The procedure of identifying and apportioning special benefit to the land uses and I parcels has been organized as follows: A. Identification of Benefit Components - A-I Backbone Roadway Improvement Components l ie A-2 Backbone Potable Water and Sewer Improvement Components A-3 Backbone Recycled Water Improvement Components A4 Backbone Dry Utilities Improvement Components I A-5 Incidental Expenses Components I B. Special Benefits C. General Benefits I D. Proportioning Special Benefits I D -I Land Use Categories D-2 Proportionate Special Benefit of Roadway Improvements I D-3 Proportionate Special Benefit of Utility Improvements D4 Proportioning Formation, Issuance and Financing Costs I. I I Prepared by Galen N. Peterson March 29, 2004 I City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 12 I • E. Proclamations E-I Assessments Equal to or Less Than the Proportional Special Benefits I E-2 Reasonableness and Justification of Assessments E-3 Future Apportionment I A. IDENTIFICATION OF BENEFIT COMPONENTS I The improvements to be acquired or constructed by the City from the proceeds of bonds issued for each benefit area of the Assessment District are necessary for development of the Assessment District parcels and are required by the Villages of I La Costa (The Greens) and by the Bressi Ranch Master Plans and the conditions of development as set forth in the land use entitlements approved by the City for each benefit area. Without the improvements, the parcels within I the Assessment District cannot be developed to their planned ultimate uses pursuant to such land use entitlements. It is unfeasible and impractical for the parcels to be utilized to their highest and best I use without the backbone roadways and utilities that will be funded by the Assessment Distriôt. A-I Backbone Roadway Improvement Components The foremost purpose of the Assessment District is to provide financing for the I backbone road access so the Assessment District parcels can be developed. The most significant and costly improvement is the work I associated with the road construction. The road construction has created the need to relocate sewer mains and utilities, re-establish habitat areas, and install landscaping to protect the roadway slopes. The road construction has I also created the need to construct storm drains to protect the roadway and to relocate other facilities and provide mitigation areas that would not have otherwise been necessary if the road was not constructed. The road and associated costs have been placed into one roadway improvement component I for the purpose of defining the roadway costs and apportioning special benefit. A percentage of the cost of the backbone recycled water distribution system I has been spread in the same manner as the roadway expenses. This portion of the recycled water system improvements will provide an irrigation water system for the roadway landscaping. I The roadway improvement component includes: Poinsettia Lane, El Fuerte, El Camino Real, relocation of utilities, establishment of habitat mitigation I areas, and a portion of the recycled water system to serve the roadway landscaping. I Prepared by Galen N. Peterson March 29, 2004 I City of Carlsbad —Assessment District No. 2002-01 (Poinsettia Lane East) Page 13 I • A-2 Backbone Potable Water and Sewer Improvement Components Coincidental to the roadway improvements is the necessity to construct certain I backbone utility improvements within the roadway right of way concurrently with construction of the roadway improvements. These improvements confer a different special benefit to the properties than the special benefit conferred by I the roadway improvements. Therefore potable water and sewer (other than relocated facilities for the roadway costs) have been separated into wet utility components for purposes of defining special benefits and allocating the costs I of such components. I Coincidental to the roadway improvements is the necessity to construct certain backbone recycled water improvements within the roadway right of way I concurrently with construction of the roadway improvements. A percentage of these improvements confer a different special benefit to the properties than the special benefit conferred by the roadway improvements based on where I the recycled water will be used. The recycled water facilities have been separated into a separate component for purposes of defining special benefits and allocating the costs of such components. I A-4 Backbone Dry Utilities Improvement Components Coincidental to the roadway improvements is the necessity to construct certain I backbone dry utility improvements within the roadway right of way concurrently with construction of the roadway improvements. These improvements confer a different special benefit to the properties than the special benefit conferred by I the roadway improvements. Therefore the dry utilities have been separated into a separate component for purposes of defining special benefits and allocating the costs of such components. I A -5 Incidental Expense Components I In addition to the improvement costs, there are incidental construction administration and Assessment District formation expenses. These costs include, but are not limited to: construction administration, construction ' supervision, design, testing, surveying, assessment engineering, audit of acquisition costs, financial advisors, appraisals, bond counsel, underwriting, official statement printing, financing cost and establishment of a bond reserve fund. The costs of the formation of the Assessment District, including the costs I of issuance, have been determined to be eligible for inclusion and are included in the Assessment District incidental costs. Some of these costs can be assigned directly to one of the benefit components as shown in Appendix I "E". Other costs that cannot be assigned directly to one of the benefit I Prepared by Galen N. Peterson March 29, 2004 A-3 Backbone Recycled Water Improvement Components I City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 14 components have been prorated to each assessment number in accordance I with that assessment number's share of the construction cost. B. SPECIAL BENEFITS I The purpose of this Assessment District is to fund the construction and acquisition of public improvements required to serve the Assessment District I parcels. Special benefit is received by each parcel within the boundaries of the Assessment District from new roadway access and the availability of utility services that are required and necessary for the properties to develop to their highest I and best use in accordance with and as permitted by the approved land use entitlements. I The improvements to be constructed and/or acquired by the District accommodate the planned development within the Assessment District area in accordance with the approved land use entitlements. The Villages of La Costa (The I Greens) and the Bressi Ranch Specific Plan environmental documents and the. Tentative Map identify the need for access and utilities, and place conditions upon the parcels within the Assessment District to provide those improvements. I The Assessment District Improvements satisfy the conditions of development by providing access and backbone utilities so the projects can support their planned uses. Without the improvements, the parcels within the Assessment District could I • not be developed to their planned and conditionally approved uses. The special benefit conferred on the parcels within the Assessment District from ' the proposed improvements include: increased development potential, relief from access constraints, improved accessibility to utilities, fulfillment of development conditions and ensured investment returns. The special benefit to each parcel is I such that the parcels will be allowed to gain access to a public street network and have water, sewer, recycled water and dry utilities- readily available, thereby allowing them to develop to their highest potential. I Special benefit accrues to each parcel to be subdivided and served by the improvements to be constructed. Since some of the areas within the Assessment I District have not been subdivided into individual lots at this time, the assessments will be placed in aggregate on one or more existing assessor parcels and apportionment of the assessments will take place as final maps record. 1 C. GENERAL BENEFITS Some public improvements will confer general benefit to properties or the public at I large outside the Assessment District. In making an analysis, a review was conducted of the surrounding areas. The review resulted in identifying general I benefits that accrued to properties outside the Assessment District. I Prepared by Galen N. Peterson . March 29, 2004 I City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 15 • Poinsettia Lane is designated as a prime arterial roadway. Previously, Poinsettia I Lane did not exist east of El Camino Real. Four lanes are proposed to be constructed. Two lanes are required to serve the estimated volume of traffic generated by the Assessment District parcels. Two center lanes (one in each I direction) are required for through traffic originating outside of the Assessment District. The costs associated with the construction and placement of the asphalt and base for the two center lanes have been determined to be a general I benefit and will not be assessed to parcels within the Assessment District. El Fuerte Street is designated as a secondary arterial roadway and will be I constructed from Palomar Airport Road south to connect to the existing terminus of El Fuerte Street at the southerly boundary of Bressi Ranch. Four lanes are proposed to be constructed. Two lanes are required to serve the estimated I volume of traffic generated by the Assessment District parcels. Two center lanes (one in each direction) are required for through traffic originating outside of the Assessment District. The costs associated with the construction and I placement of the asphalt and base for the two center lanes have been determined to be a general benefit and will not be assessed to parcels within the Assessment District. 1 Based on the estimated roadway construction costs, the cost of the roadway base and asphalt pavement to provide the two center lanes for both Poinsettia I • Lane and El Fuerte Street is approximately $968,360. The grading beneath the two center lanes of each roadway benefits the Assessment District because it provides lateral support to the Assessment District paved lanes. This grading can not be eliminated from the overall roadway grading without I constructing retaining walls that would unreasonably increase the Assessment District cost. Therefore all of the Poinsettia Lane and El Fuerte Street grading I provides special benefit to the Assessment District Properties. D. PROPORTIONING SPECIAL BENEFITS I D-1 Land Use Categories The following land use categories are included in the Assessment District: I planned industrial, business park, community retail, office, single-family detached and single-family attached residential, apartments (affordable housing), assisted living, daycare center, boys and girls club, church, school, I home owners association recreation areas, park and open space. Except for the irrigated areas in Assessment Numbers 17 and 39 I (Village Green OS-2 and open space lot 34), the non-active and undeveloped open space areas do not receive special benefit from the works of improvements and will not be assessed. Open space areas are I those areas that are deeded or perpetually designated in easements. Prepared by Galen N. Peterson March 29, 2004 I City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 16 .D-2 Proportionate Special Benefit of Roadway Improvements I Trip Generation Factors for Roadway Improvements I The use of and need for roadway improvements is a function of the number of vehicle trips per day generated by the use of the land served by the streets. Traffic engineers have developed traffic l generation factors, which are related to development density and type of land use. Therefore, trip generation is an appropriate basis'for apportioning roadway improvements and related costs among the I specially benefited parcels. The trip generation factors will be estimated from the July 1998, SANDAG Trip Generation Manual and weighted as explained below. I SANDAG categorizes trips as primary, diverted and pass-by. This analysis uses only the primary trip percentages for the non-residential I land use categories to avoid double counting of the residential trips. Single Family Detached Trip Generation The Average Daily Trips (ADT) per detached single-family dwelling is 10 I ADT. The Assessment District single-family dwelling product types are similar to the SANDAG study areas. I • Single Family Attached Trip Generation The Average Daily Trips per attached dwelling unit or for a condominium I unit is 8 ADT. Affordable Housing (Bressi Ranch) Trip Generation The Average Daily Trips for each affordable housing unit, based on the I formula in footnote R of the 1998 SANDAG Trip Generation Manual, is 6.4ADT (-2.169 Ln(100 units/5.13 ac) + 12.85). I Apartment Affordable Housing (Greens) Trip Generation The Average Daily Trips for each affordable housing unit, based on the I 1998 SANDAG Trip Generation Manual for apartments, is 6 ADT. Assisted Living Trip Generation The Average Daily Trips for each assisted living room, based on 1998 I SANDAG Trip Generation Manual for congregate care facility, is 2 ADT. Industrial Trip Generation I The Average Daily Trips for industrial park is 80 ADT per net acre. The primary trip percentage for industrial park is 79%. I, I I Prepared by Galen N. Peterson March 29, 2004 I City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 17 • Community Retail Trip Generation I The Average Daily Trips for commercial shops - specialty retail/strip commercial is 40 ADT per 1,000 square feet. The primary trip percentage for this land use is 45%. I Office Trip Generation The Average Daily Trips for corporate headquarters office is 7 ADT per 1 1,000 square feet. The primary trip percentage for this land use is 82%. School Trip Generation I The Average Daily Trips for an elementary school is 60 ADT per net acre. The primary trip percentage for an elementary school site is 57%. I Church Trip Generation The Average Daily Trips for a church is 30 ADT per net acre. The primary trip percentage for a church site is 64%. I Day Care Trip Generation The Average Daily Trips rates for day care use is 80 ADT per 1,000 square feet. The Floor Area Ratio for the day care sites is estimated at I 0.1 of building per net land area. Therefore, the 80 ADT per 1,000 square feet is equivalent to approximately 348 ADT per net acre (80 times 43,560/1,000 times 0.1). The primary trip percentage for a day I care is 28%. I Boys & Girls Club Trip Generation The Average Daily Trips for a multi-purpose recreational facility is 90 ADT per net acre. The primary trip percentage for this land use is 52%. I Home Owners Association Recreation Areas Trip Generation The Average Daily Trips generation for the home owner's association I (HOA) recreation areas, which is equivalent to a neighborhood park, is 5 ADT per net acre. In order to avoid double counting the residential trips, the primary trip percentage used for external trips is 25%. The I HOA lots 47, 48 and 49 within Benefit Area No. 2 were assigned 10, 2.8 and 1.9 ADT per site, respectively. The three HOA areas in Planning Areas 9, 10 and 12 and the Village Green area (OS-2) within Benefit Area No. 1 were assigned 13.9 ADT. The Village Square area in I Planning Area 15 within Benefit Area No. I was assigned 2.5 ADT. Park Trip Generation I The Average Daily Trips generation for a regional park is 20 ADT per net acre. The primary trip percentage for a regional park is 66%. I. I Prepared by Galen N. Peterson March 29, 2004 [1 City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 18 Weighted Benefit by Land Use for Roadway Improvements The geographic concentration and placement of major land uses (residential, commercial retail and office, and industrial) within the Assessment District boundaries indicates that their impact on, hence their special benefits from, the roadway improvements are not uniform and should be weighted. The results of a study performed by Urban Systems, Inc. shown at the end of Appendix "F" indicates that the relative weighting for industrial and commercial land use compared to residential land uses on each roadway improvements is as follows: Road Relative Benefit Industrial Commercial Residential and Other Poinsettia Lane 0.4 0.7 1.0 El Fuerte 0.2 0.8 1.0 El Camino Real 0.6 0.5 1.0 These weights were applied to the ADT generation factors discussed above in order to arrive at an allocable share for each of the three roadway improvement costs. The costs for each of the roadway improvements were allocated only to the assessment numbers that specially benefit from such roadway improvements as set forth below: Poinsettia Lane - Poinsettia Lane roadway costs specially benefit all assessment numbers in the Assessment District. Therefore, Poinsettia Lane roadway costs were allocated to all assessment numbers based on the ADT generation factors and weighting applicable to Poinsettia Lane. El Fuerte - El Fuerte roadway costs specially benefit only assessment numbers 1 through 21. Therefore, El Fuerte roadway costs were allocated only to assessment numbers 1 through 21 based on the ADT generation factors and weighting applicable to El Fuerte. El Camino Real (Bressi Ranch portion) - El Camino Real (Bressi Ranch portion) roadway costs specially benefit only assessment numbers I through 21. Therefore, El Camino Real (Bressi Ranch portion) roadway costs were allocated only to assessment numbers 1 through 21 based on the ADT generation factors and weighting applicable to El Camino Real (Bressi Ranch portion). El Camino Real (Greens portion) - El Camino Real (Greens portion) roadway costs specially benefit only assessment numbers 22 through 39. I. I I I LI I I I* LI 1 I I I Ile I I Prepared by Galen N. Peterson March 29, 2004 I City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 19 Therefore, El Camino Real (Greens portion) roadway costs were allocated I only to assessment numbers 22 through 39 based on the ADT generation factors and weighting applicable to El Camino Real (Greens portion). I 0-3 Proportionate Special Benefit of Utility Improvements The most pertinent and reasonable utility improvement special benefit variable is average daily demand. The detached single family home will be the basic equivalence for measuring demand to other land use categories. Potable Water and Sewer Water and sewer demand was obtained from the 2002 update of the City of Carlsbad Water Master Plan. A summary of the water and sewer usage is shown below: I I I I I I. I Land Use Potable Water and Sewer Usage Single Family Detached 550 gallons I day Single Family Attached 250 gallons I day Non Residential 2,300 gallons / 10,000 SF /day I A single family detached unit has been assigned an equivalent dwelling unit (EDU) weight of 1.0 EDU. By converting the gallons per day to EDU we arrive at the following table: Land Use Potable Water and Sewer EDU Single Family Detached 1.0 EDU I Unit Single Family Attached 0.5 EDU / Unit Non Residential 4.2 EDU /10,000 SF I I. I The City of Carlsbad Water Master Plan estimates water demand for park as 2.5 acre-foot per acre per year. This translates to 2,230 gallons per acre per day (2.5 x 43,560 x 7.48/365). Potable water demand for park is estimated as 10% of the demand for recycled water for irrigation, resulting in 0.4 EDU per acre (0.1 x 2,230/550) of parkland. I Prepared by Galen N. Peterson March 29, 2004 I I I I I City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 5 Part III Assessment Roll and I Method of Assessment Spread On February 17, 2004 the City Council of the City Of Carlsbad, State of California, I did, pursuant to the provisions of the Municipal Improvement Act of 1913, (Division 12 of the Streets and Highways Code of the State of California), Article XIIID of the Constitution of the State of California, and the Proposition 218 I Omnibus Implementation Act (Section 53750 and following of the Government Code) (collectively, the "Assessment Law"), and in accordance with City of Carlsbad Policy 33, adopt its Resolution of Intention No. 2004-057, for acquisition I or construction of certain public improvements, together with appurtenances and appurtenant work in connection therewith, in a special assessment district known and designated as: I ASSESSMENT DISTRICT NO. 2002-01 (POINSETTIA LANE EAST) I (hereinafter "Assessment referred to as the District"); and l ie WHEREAS, said Resolution of Intention, as required by the Assessment Law, did direct the Assessment Engineer to make and file a "Report", consisting of the following as required by Section 10204 of the Act: I Plans and specifications for the improvements proposed to be acquired or constructed in sufficient detail to show or describe the general nature, location I and extent of the improvements; A general description of the improvements proposed to be acquired and any I property necessary or convenient for the operation of such improvements; An estimate of the cost of the improvements and the costs of lands, right-of- way, easements, and incidental expense in connection with the improvements; Assessment Diagram showing the Assessment District exterior boundaries, I the boundaries of any benefit areas within the district and the lines and dimensions of each parcel within the district and the benefit areas l therein existing at the time of the adoption of the resolution of Intention; A proposed assessment of the costs and expenses of the improvements I levied upon the parcels within the boundaries of the Assessment District in proportion to the estimated special benefits to be received by each subdivision of property from the improvements; I Prepared by Galen N. Peterson March 29, 2004 I n City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 20 Homeowner association (HOA) lots water usage was estimated based on the characteristics of the parcels and their expected land use. The HOA lots 47, 48 and 49 within Benefit Area No. 2 were assigned 2.41, 2.08 and 1.43 EDU per site, respectively. The. three HOA areas in Planning Areas 9, 10 and 12 and the Village Green area (OS-2) within Benefit Area No. I were assigned 3.8 EDU. The Village Square area in Planning Area 15 within Benefit Area No. I was assigned 1.0 EDU, The Assessment Diagram identifies two benefit zones for sewer improvements. Sewer Zone A includes all of the Assessment District parcels that benefit from the sewer improvements. Sewer Zone B includes the remaining Assessment District parcels that do not benefit from the sewer improvements. The water and sewer costs for new facilities (sewer relocation related to the construction of the road was allocated with the street costs) related to each street segment were allocated only to the assessment numbers that specially benefit from such water and sewer costs as set forth below: Poinsettia Lane Segment I - Poinsettia Lane Segment 1 water costs specially benefit only assessment numbers 22 through 39. Therefore, Poinsettia Lane Segment I water costs were allocated only to assessment numbers 22 through 39 based on the applicable EDU factors. I. I I I I i• I Poinsettia Lane Segment 2— Poinsettia Lane Segment 2 water costs specially benefit only assessment numbers 1 through 21. Therefore, Poinsettia Lane Segment 2 water costs were allocated only to assessment I numbers 1 through 21 based on the applicable EDU factors. El Fuerte - El Fuerte water costs specially benefit only assessment numbers I i through 21. Therefore, El Fuerte water costs were allocated only to assessment numbers I through 21 based on the applicable EDU factors. I El Camino Real (Bressi Ranch portion) - El Camino Real (Bressi Ranch portion) water costs specially benefit only assessment numbers 1 through 21. Therefore, El Camino Real (Bressi Ranch portion) water costs were I allocated only to assessment numbers 1 through 21 based on the applicable EDU factors. I. I El Camino Real (Greens portion) - El Camino Real (Greens portion) water costs specially benefit only assessment numbers 22 through 39. Therefore, El Camino Real (Greens portion) water costs were allocated only to assessment numbers 22 through 39 based on the applicable EDU factors. Prepared by Galen N. Peterson March 29, 2004 I City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 21 Sewer costs benefit only assessment numbers in Sewer Zone A, as shown I on the Assessment Diagram. Therefore, sewer costs for each road segment were allocated to the respective assessment numbers that the water was allocated to, but only to parcels within Sewer Zone A based on the applicable I EDU factors. There was no assessment for sewer costs to the assessment numbers in Sewer Zone B, as shown on the Assessment Diagram. 1 Summary of Special Benefit Factors I I I I 1* I I I I Roadway_ Improve ments Utilities Land Use Category Primary Trip Adjusted ADT % Applied 1 ADT EDUs Single Family 10, DU - 10 /DU 1.0/ DU Detached Single Family 8/ DU - 8 /DU 0.5 I DU Attached Affordable Housing 6.4 I DU - 6.4 / DU 0.5 / DU (Bressi Ranch) Apartment (Affordable 6/ DU - 6/ DU 0.5 I DU Housing) Assisted Living 2 / Room - 2 / Room 4.2 / 10ksf Industrial 80 1 AC 79% 63/AC 4.2 /l0ksf Community Retail 40/1,000 45% 18/1,000 4.21 l0ksf SF SF Office 7 /1,000SF 82% 611,000SF 4.2/10ksf School 60/AC 57% 34 / AC 4.2 /1 0ksf Church 30/AC 64% 19 1 AC 4.2 /l0ksf Day Care 80/1,000 28% SF 97.4 / AC 4.2 /lOksf Boys & Girls Club 90/AC 52% 47 / AC 4.2 I 10ksf Homeowners 5lAC 25% 1.25 / AC 4.2 / 10ksf Association Rec Areas and per site and per site Community (Regional) 20/AC 66% 13/ AC 0.4 / AC Park 1. Primary Trips are defined by SANDAG as 'one trip directly between origin and primary I destination." I. I Prepared by Galen N. Peterson March 29, 2004 I I City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 22 I. I Recycled Water The recycled water system located within the public right-of-way will provide irrigation water to (i) medians, parkways, and adjacent roadway slopes (in and adjacent to the public streets and public easements) (ii) landscaped slopes and pocket parks within the home owners association open space areas (iii) landscaped areas of the public park (iv) landscaped areas of the I school (v) landscaped areas of the private school and (vi) landscaped areas of the industrial section. The recycled water system specially benefits only the six categories stated above. Therefore, the recycled water system costs were allocated only to I the irrigated area of these six categories. The percentage of area in each category, determined from the total area in all six categories, was multiplied times the cost of the recycled water system to arrive at the cost to be applied I to each category. The resulting recycled water system cost for the first category was added to the cost for the roadways and spread to all of the assessment numbers that specially benefit from the roadways. The resulting I recycled water system cost for the second category was spread to all of the residential units within the homeowners association that specially benefits from the open space areas. The resulting recycled water system cost for the I last four categories was spread to the assessment numbers that correspond to those areas. I Dry Utilities The demand for dry utilities is considered to be similar to the factors I used for water and sewer as shown above. The dry utilities costs (limited by the Internal Revenue Service to five percent of the bond issue amount in order for the bonds to qualify for tax-exempt status) were allocated based on I EDU factors using the same methodology and, except as noted below, the same factors as were used in allocating water costs. I Due to the unique characteristics of the home owner association lots, the following dry utilities EDU factors were used for these lots: The HOA lots 47, 48 and 49 within Benefit Area No. 2 were assigned 1.5, 0.3 and 0.3 I EDU per site, respectively. The three HOA areas in Planning Areas 9, 10 and 12 and the Village Green area (OS-2) within Benefit Area No. I were assigned 2.4 EDU. The Village Square area in Planning Area 15 I within Benefit Area No. 1 was assigned 1.0 EDU. D-4 Proportioning Formation, Issuance and Financing Costs I The costs to form this Assessment District, including the costs of issuance, have been determined to be eligible for inclusion in the Assessment District I Prepared by Galen N. Peterson March 29, 2004 I City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 23 funding. Some of the incidental costs can be assigned directly to one of the I benefit components as shown in Appendix "E". These costs that cannot be assigned directly to any one of the benefit components and therefore have been separated into a separate component for purposes of defining special I benefits and allocating costs on a pro-rata basis relative to the improvement costs associated with each parcel as shown in Table 1 of Appendix F. The financing costs (bond discount and bond reserve), I including capitalized interest, have also been assessed on a pro-rata basis relative to the improvement costs associated with each parcel. I E. PROCLAMATIONS El Assessments are equal to or less than the proportional special I benefit each parcel receives The special benefit received from the Assessment District improvements I exceeds the assessment allocated to each parcel. The improvements provided will increase the value of each parcel by more than the assessment levied upon it. To ensure that the assessments will be equal to or less than the I proportional special benefit conferred, a review was made of similar properties in the vicinity. Comparison of recent sales records indicated that the average price per square foot of raw land increased in an amount greater I • than the costs of the assessments per square foot after backbone roadway and utility improvements were in place. I E-2 Reasonableness and Justification of Assessments It is well known and understood by the development community that public I infrastructure is required for raw land to develop to its highest and best use. After the passage of Proposition 13 and Assembly Bill 1600, developers and investors realize that they must provide the public infrastructure to ' support their developments without burdening existing properties. The Assessment District improvements are estimated to add 7% or more value to each parcel's overall value. A review of other developments has shown that this percentage is consistent with the costs of providing backbone I access and utilities to raw land in similar developments. Therefore this Assessment levy is reasonable in relationship to the added value the I improvements provide to the parcels. E-3 Future Apportionment of Special Benefit I Special benefit will accrue to each parcel created by the subdivision of the property within the Assessment District. Since certain existing parcels within the Assessment District will not, at the time of formation of the Assessment I District, have been subdivided into final lots, the initial assessments established at the time of formation of the Assessment District will be placed I Prepared by Galen N. Peterson March 29, 2004 I City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 24 I • in the aggregate on the assessors parcels existing at the time of formation of the Assessment District. An assessment levied on a parcel existing at the time of formation of the Assessment District will be apportioned among those parcels created by the subsequent subdivision of such existing parcel. I Assessments apportioned to any parcel created by the subdivision of an existing parcel which is to be owned by a public agency (each, a "Public I Parcel") or a non-profit 501(c)(3) organization (each, a "501(c)(3) Parcel") or a home owners association (each, an 'HOA Parcel") must be paid off in full prior to the recordation of the final subdivision map creating such Public I Parcel or 501 (c)(3) Parcel or HOA Parcel or contributed by the Developer as a reduced purchase price for improvements to be acquired pursuant to the Acquisition/Financing Agreement. The City shall not provide to the owner or I subdivider of such existing parcel a certificate as required by Government Code Section 66493(f) for any subdivision certifying that the City Council has determined that provision has been made for the segregation of the I responsibility of each of the proposed new parcels for a portion of the assessment unless payment in full of the assessments apportioned to all Public Parcels, 501(c)(3) Parcels and HOA Parcels created by such I subdivision has been received by the City or otherwise contributed as described above. I • It is the City of Carlsbad's policy that final lots that receive similar special benefit also have similar final assessments. If the future subdivision of any planning area does not yield the estimated number of dwelling units, the City reserves the right to require upon application of assessment reapportionment, I that a portion of the outstanding assessment be paid by the property owners to ensure that the assessments remain consistent within and between the planning areas as further provided in the Acquisition/Financing I Agreement. All reapportionments will be subject to City of Carlsbad policies and procedures. I FINDINGS AND DETERMINATIONS OF ASSESSMENT ENGINEER I The undersigned, Galen N. Peterson, hereby finds and determine as follows: The proportionate special benefit derived by each parcel proposed to be I assessed has been determined in relationship to the entirety of the costs of the improvements to be funded from the proceeds of the bonds issued for the Assessment District and the cash collections. I No assessment is proposed to be imposed on any parcel, which exceeds the reasonable cost of the proportional special benefit conferred on that parcel. Prepared by Galen N. Peterson March 29, 2004 I City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 25 I C. Only special benefits have been assessed. D. Parcels within the Assessment District that are owned or used by any I agency, the State of California or the United States and which receive a special benefit from the improvements have been assessed accordingly. I - In conclusion, it is my opinion that the assessments for the referenced Assessment District have been spread in direct accordance with the estimated I special benefits that each parcel receives from the improvements. Dated: day of H'144c.,q' ,2004- I /N.PEZON? R.C.E. No. 18,364 (Expires 06/2005) ASSESSMENT ENGINEER I CITY OF CARLSBAD SAN DIEGO COUNTY l ie STATE OF CALIFORNIA I I 1 I I I. I Prepared by Galen N. Peterson March 29, 2004 I City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 26 . 1, LORRAINE M. WOOD, CITY CLERK of the CITY OF CARLSBAD, CALIFORNIA do hereby certify that the foregoing Assessment, together with the Diagram attached thereto, was filed in my office on the / 7 64 day of 200. i CITY OF CARLSBAD STATE OF CALIFORNIA I . I, LORRAINE M. WOOD, CITY CLERK of the CITY OF CARLSBAD, CALIFORNIA do hereby certify that the foregoing Assessment, together with I the Diagram attached thereto, was preliminarily approved by the City Council of the CITY OF CARLSBAD, CALIFORNIA, on the/ 7dayof/.tJ4A.y 20O..4 I CITY OF CARLSBAD STATE OF CALIFORNIA I0 I I, LORRAINE CALIFORNIA the Diagram Council of s 200 - M. WOOD, CITY do hereby certify that attached thereto, w id City on the - CLERK of the CITY OF the foregoing Assessment, s approved and confirmed day of CARLSBAD, together with by the City 1 CITY CLERK CITY OF CARLSBAD STATE OF CALIFORNIA I, GLENN PRUIM, Superintendent of Streets / City Engineer of the CITY OF CARLSBAD, CALIFORNIA do hereby certify that the foregoing Assessment, together with the Diagram attached thereto, was filed in my office on the day of ,200_. I I• I SUPERINTENDENT OF STREETS /CITY ENGINEER CITY OF CARLSBAD STATE OF CALIFORNIA I Prepared by Galen N. Peterson . March 29, 2004 I I I I I I I I I I I I I I 1 I I I I EXHIBIT 3 REVISED SPREAD AMENDING ASSESSMENTS I I I I DATE January 13, 2010 ASSESSMENT DISTRICT 2002.01 (POINSETTIA LANE EAST) CARLSBAD TRACT CT 07-05 CITY OF CARLSBAD SAN DIEGO COUNTY REVISED SPREAD AMENDING ASSESSMENTS PREVIOUS ASSESSMENTS ASSESSMENT ASSESSOR'S PARCEL NET BONDED ASSESSMENT OWNER OF NO. PARCEL NO. DESCRIPTION ACRES LIEN LIEN RECORD 22-3-2 213-110-18 PARCEL MAP 20174, PARCEL 4 7.57 $472,000.66 $529,326.70 L C GREENS 1.3 L L C TOTAL 7.57 $472,000.66 $529,326.70 AMENDED ASSESSMENTS ASSESSMENT ASSESSOR'S PARCEL NO. BONDED ASSESSMENT OWNER OF NO. PARCEL NO. DESCRIPTION EDU LIEN LIEN LIEN111 RECORD 22-3-2-1 UNASSIGNED CARLSBAD TRACT CT 07-05, LOT 1, UNIT 1 1.00 $12,421.07 $13,929.65 L C GREENS 1.3 L L C 22-3-2-2 UNASSIGNED CARLSBAD TRACT CT 07-05, LOT 1, UNIT 2 1.00 $12,421.07 $13,929.65 L C GREENS 1.3 L L C 22-3-2-3 UNASSIGNED CARLSBAD TRACT CT 07-05, LOT 1, UNIT 3 1.00 $12,421.07 $13,929.65 L C GREENS 1.3 L L C 22-3-2-4 UNASSIGNED CARLSBAD TRACT CT 07-05, LOT 1, UNIT 4 1.00 $12,421.07 $13,929.65 L C GREENS 1.3 L L C 22-3-2-5 UNASSIGNED CARLSBAD TRACT CT 07-05, LOT 1, UNITS 1.00 $12,421.07 $13,929.65 L C GREENS 1.3 L L C 22-3-2-6 UNASSIGNED CARLSBAD TRACT CT 07-05, LOT 1, UNIT 1.00 $12,421.07 $13,929.65 L C GREENS 1.3 L L C 22-3-2-7 UNASSIGNED CARLSBAD TRACT CT 07-05, LOT I, UNIT 7 1.00 $12,421.07 $13,929.65 L C GREENS 1.3 L L C 22-3-2-8 UNASSIGNED CARLSBAD TRACT CT 07-05, LOT I, UNIT 8 1.00 $12,421.07 $13,929.65 L C GREENS 1.3 L L C 22-3-2-9 UNASSIGNED CARLSBAD TRACT CT 07-05, LOT 1, UNIT 9 1.00 $12,421.07 $13,929.65 L C GREENS 1.3 L L C 22-3-2-10 UNASSIGNED CARLSBAD TRACT CT 07-05, LOT 1, UNIT 10 1.00 $12,421.07 $13,929.65 L C GREENS 1.3 L L C 22-3-2-11 UNASSIGNED CARLSBAD TRACT CT 07-05, LOT 1, UNIT 11 1.00 $12,421.07 $13,929.65 L C GREENS 1.3 L L C 22-3-2-12 UNASSIGNED CARLSBAD TRACT CT 07-05, LOT I, UNIT 12 1.00 $12,421.07 $13,929.85 L C GREENS 1.3 L L C 22-3-2-13 UNASSIGNED CARLSBAD TRACT CT 07-05, LOT I, UNIT 13 1.00 $12,421.07 $13,929.65 L C GREENS 1.3 L L C 22-3-2-14 UNASSIGNED CARLSBAD TRACT CT 07-05, LOT 1, UNIT 14 1.00 $12,421.07 $13,929.65 L C GREENS 1.3 L L C 22-3-2-15 UNASSIGNED CARLSBAD TRACT CT 07-05, LOT 1, UNIT 15 1.00 $12,421.07 $13,929.65 L C GREENS 1.3 L L C 22-3-2-16 UNASSIGNED CARLSBAD TRACT CTO7-05, LOT 1, UNIT 16 1.00 $12,421.07 $13,929.65 LCGREENS 1.3LLC 22-3-2-17 UNASSIGNED CARLSBAD TRACT CT 07-05, LOT 1, UNIT 17 1.00 $12,421.07 $13,929.65 L C GREENS 1.3 L L C 22-3-2-18 UNASSIGNED CARLSBAD TRACT CT 07-05, LOT 2, UNIT 18 1.00 $12,421.07 $13,929.65 L C GREENS 1.3 L L C 22-3-2-19 UNASSIGNED CARLSBAD TRACT CT 07-05, LOT 2, UNIT 19 1.00 $12,421.07 $13,929.65 L C GREENS 1.3 L L C 22-3-2-20 UNASSIGNED CARLSBAD TRACT CT 07-05, LOT 2, UNIT 20 1.00 $12,421.07 $13929.65 L C GREENS 1.3 L L C 22-3-2-21 UNASSIGNED CARLSBAD TRACT CT 07-05, LOT 2, UNIT 21 1.00 $12,421.07 $13,929.65 L C GREENS 1.3 L L C 22-3-2-22 UNASSIGNED CARLSBAD TRACT CT 07-05, LOT 2, UNIT 22 1.00 $1242107 $13,929.65 L C GREENS 1.3 L L C 22-3-2-23 UNASSIGNED CARLSBAD TRACT CT 07-05, LOT 2, UNIT 23 1.00 $12,421.07 $13,929.65 L C GREENS 1.3 L L C 22-3-2-24 UNASSIGNED CARLSBAD TRACT CT 07-05, LOT 2, UNIT 24 1.00 $12,421.07 $13,929.65 L C GREENS 1.3 L L C 22-3-2-25 UNASSIGNED CARLSBAD TRACT CT 07-05, LOT 2, UNIT 25 1.00 $12,421.07 $13,929.65 L C GREENS 1.3 L L C 22-3-2-26 UNASSIGNED CARLSBAD TRACT CT 07-05, LOT 2, UNIT 26 1.00 $12,421.07 $13,929.65 L C GREENS 1.3 L L C 22-3-2-27 UNASSIGNED CARLSBAD TRACT CT 07-05, LOT 2, UNIT 27 1.00 $12,421.07 $13,929.65 L C GREENS 1.3 L L C 22-3-2-28 UNASSIGNED CARLSBAD TRACT CT 07-05. LOT 2, UNIT 28 1.00 $12,421.07 $13,929.65 L C GREENS 1.3 L L C 22-3-2-29 UNASSIGNED CARLSBAD TRACT CT 07-05, LOT 2, UNIT 29 1.00 $12,421.07 $13,929.65 L C GREENS 1.3 L L C 22-3-2-30 UNASSIGNED CARLSBAD TRACT CT 07-05, LOT 2, UNIT 30 1.00 $12,421.07 $13,929.65 L C GREENS 1.3 L L C 22-3-2-31 UNASSIGNED CARLSBAD TRACT CT 07-05, LOT 2, UNIT 31 1.00 $12,421.07 $13,929.65 L C GREENS 1.3 L L C 22-3-2-32 UNASSIGNED CARLSBAD TRACT CT 07-05, LOT 3, UNIT 32 1.00 $12,421.07 $13,929.65 L C GREENS 1.3 L L C 22-3-2-33 UNASSIGNED CARLSBAD TRACT CT 07-05, LOT 3, UNIT 33 1.00 $12,421.07 $13,929.65 L C GREENS 1.3 L L C 22-3-2-34 UNASSIGNED CARLSBAD TRACT CT 07-05, LOT 3, UNIT 34 1.00 $12,421.07 $13,929.65 L C GREENS 1.3 L L C 22-3-2-35 UNASSIGNED CARLSBAD TRACT CT 07-05, LOT 3, UNIT 35 1.00 $12,421.07 $13,929.65 L C GREENS 1.3 L L C 22-3-2-36 UNASSIGNED CARLSBAD TRACT CT 07-05, LOT 4, UNIT 36 1.00 $12,421.07 $1392965 L C GREENS 1.3 L L C 22-3-2-37 UNASSIGNED CARLSBAD TRACT CT 07-05, LOT 4, UNIT 37 1.00 $12,421.07 $13,929.65 L C GREENS 1.3 L L C 22-3-2-38 UNASSIGNED CARLSBAD TRACT CT 07-05, LOT 4, UNIT 38 1.00 $12,421.07 $13,929.65 L C GREENS 1.3 L L C N/A -1 UNASSIGNED CARLSBAD TRACT CT 07-05, LOTS 0.00 $0.00 $0.00 L C GREENS 1.3 L L C N/A -2 UNASSIGNED CARLSBAD TRACT CT 07-05, LOT 8 0.00 $0.00 $0.00 L C GREENS 1.3 L L C N/A -3 UNASSIGNED CARLSBAD TRACT CT 07-05, LOT 7 0.00 $000 $0.00 L C GREENS 13 L L C N/A 4 UNASSIGNED CARLSBAD TRACT CT 07-05, LOT 8 0.00 $0.00 $0.00 L C GREENS 1.3 L L C N/A -S UNASSIGNED CARLSBAD TRACT CT 07-05, LOT 9 0.00 $0.00 $0.00 L C GREENS 1.3 L L C N/A -6 UNASSIGNED CARLSBAD TRACT CT 07-05, LOT 10 0.00 $0.00 $0.00 L C GREENS 13 L L C N/A -7 UNASSIGNED CARLSBAD TRACT CT 07-05, LOT ii 0.00 $0.00 $0.00 I C GREENS 13 L L C N/A-8 UNASSIGNED CARLSBAD TRACT CTO7-OS, LOT 12 0.00 $0.00 $000 L C GREENS 1.3 L L C TOTALS 38.00 $472,000.66 $529,326.70 Total Assessments $472,000.66 $529,326.70 Assessable EDU'S 38.00 38.00 Assessment! EDU $12,421.07 $13,929.65 (1) Per the Engineers Report, this spread was calculated based on an EDU basis. plreanadO2O8094-l3Splft-13 Prepared by Wilidan Financial Services Page i of t I I I I I I I I I I I I I Li I Li I I 7 I Fj I I I I I I I I I I I H EXHIBIT 4 CARLSBAD TRACT CT 07-05 I AND CONDOMINIUM PLAN I 4€, THE UNDERSIGNED, SE/NC ALL THE PARTIES HAVING ANY RECORD TITLE INTEREST IN THE LAND COVERED ON THIS MAP. DO HEREBY CONSENT TO THE PREPARATION AND RECORDATION OF THIS MAP AS SHOWN WITHIN THE SUBDIVISION BOUNDARY LINE! THIS IS A MAP OF A CONDOMINIUM PROJECT AS DEFINED IN SECT/OW 1351 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA AND IS FILED PURSUANT TO THE S'UBDMSIOH MAP ACT. THERE WILL WE A MAXIMUM OF 38 DWELLING UNITS. WE HERESY DEDICATE TO THE CITY OF CARLS341) AN EASEMENT FOR GENERAL UTILITY AND ACCESS PURPOSES AS SHOWN ON THIS MAP. El i I L WE HERESY GRANT TO THE CITY OF CARLSBAD Al! OPEN SPACE EASEMENT OVER, UPON, ACROSS, AND UNDER LOTS 5. 6, Z 8, 9. 11 AND 12 (HEREINAFTER REFERRED TO AS THE SUBJECT LAND UNLESS OTHERWISE SPECIFIED). TO-WIT: [i] A PERPETUAL EASEMENT FOR OPEN SPACE OVER, UPON, ACROSS AND UNDER THE SUBJECT LAND; EXCL'PThVG NECESSARY PUBLIC U17LIYY LINES, NO BUILDING. STRUCTURE OR OTHER THING WHATSOEVER SHALL SE CONSTRUCTED, ERECTED, PLACED, DR MAINTAINED ON THE SUBJECT LAND EXCEPT AS MAY BE PERMITTED BY A CONDITIONAL USE PERMIT ISSUED PURSUANT TO THE ZONING ORDINANCE OF THE CITY OF CARLSBAD. THE PERPETUAL RIGHT, BUT NOT THE OBLIGATION, TO ENTER UPON THE SUBJECT LAND AND REMOVE ANY BUILDINGS, STRUCTURES, OR OTHER THINGS WHATSOEVER CONSTRUCTED, ERECTED, PLACED, DR MAINTAINED ON THE SUBJECT LAND CONTRARY TO ANY TERM, COVENANT, OR CONDITION OF THIS EASEMENT. AND, THE PERPETUAL RIGHT 10 00 ANY WORK NECESSARY 70 ELIMINATE THE EFFECTS OF ANY EXCAVATION OR GRAVING DOME ON THE SUBJECT LAND, OR ELIMINATE ANY PLACEMENT OF SAND. SOIL, ROCK, GRAVEL. OR ANY OTHER MATERIAL PLACED ON THE SUBJECT LAND CONTRARY TO ANY TERM, COVENANT, OR CONDITION OF THIS EASEMENT. GRANTOR COVE/'hAI'ffS AND AGREES FOR ITSELF AND ITS SUCCESSORS AND ASSIGNS AS FOLLOWS: (A] EXCEPTING NECESSARY PUBLIC UTILITY LINES, THAT IT SHALL NOT ERECT, CONSTRUCT PLACE, MAINTAIN OR PERMIT THE ERECTION, CONSTRUCTION, PLACEMENT, DR MAINTENANCE OF ANY BUILDING, STRUCTURE, OR OTHER THINS WHATSOEVER ON THE SUBJECT LAND OTHER THAN SUCH BUILD/JIGS, STRUCTURES, OR OTHER THINGS AS MAY BE PERMITTED BY A CONDITIONAL USE PERMIT ISSUED PURSUANT TO THE ZONING ORDINANCE OF THE CITY OF CARLSBAD. THAT IT SHALL NOT USE THE SVBJECT LAND FOR ANY PURPOSE EXCEPT AS OPEN SPACE AND FOR PARK AND/OR RECREATIONAL PURPOSES, WITHOUT THE WRITTEN AUTHORIZATION OF THE COY OF CARLSBAD OR ITS SUCCESSORS OR ASSIGNS. EXCEPTING THE EXCAVATION AND GRADING INCIDENTAL TO THE CONSTRUCTION AND MAINTENANCE OF NECESSARY PUBLIC. UTILITY UNES, THAT IT SHALL NOT EXCAVATE OR GRADE DR PERMIT ANY EXCAVATING OR GRADING TO BE DONE OR PLACE OR ALLOW TO BE PLACED ANY SAND, SOIL, ROCK, GRAVEL. OR OTHER MATERIAL WHATSOEVER ON THE SUBJECT LAND IVITHOUT THE WRITTEN PERMISSION OF 1715 CITY OF CARLSBAD OR ITS SUCCESSORS OR ASSIGNS, PROVIDED, HOWEVER, THAT THE GRANTOR WAY EXCAVATE, GRADE, OR PLACE SAND, SOIL, ROCK, GRAVEL, OR OTHER M.4rERL4L ON THE SUBJECT LAND AS MAY BE PERMITTED BY A CONDITIONAL USE PERMIT ISSUED PURSUANT TO THE ZONING ORDINANCE OF THE C/fl' OF CARLSBAD. (0] THAT THE TERMS, COVENANTS, AND CONDITIONS SET FORTH HEREIN MAY BE SPECIFICALLY ENFORCED OR ENJOINED BY PROCEEDINGS III THE SUPER/OR COURT OF THE STATE OF CALIFORIVLA. THE DEDICATION OF THIS CASEMENT AND ITS ACCEPTANCE BY THE C/fl' OF CARLSBAD SHALL NOT AUTHORIZE THE PUBLIC OR ANY MEMBERS THEREOF TO USE OR ENTER UPON ALL OR ANY PORT/ON OF THE SUBJECT LAND, IT BEING UNDERSTOOD THAT THE P'JRPOS'E OF THIS EASEMENT IS SOLELY TO RESTRICT THE USES TO WHICH THE SUBJECT LAND MAY BE PUT TI/C CASEMENT SHALL BIND T,IE OWNER. ITS SUCCESSORS, AND ASSIGNS I I I I L I I I LE GfENS I. 3, ELC, A oELApIAR'B',N,rE4'Z,4a/IC/rYco/-/PAAJY BY: ISRABME GABRIEL, MINAGER FIRST HORIZON HOME LOANS, A DMS/ON OF FIRST TENNESSEE BANK NATIONAL ASSOCIATION AS BENEFICIARY UNDER DEED OF TRUST RECORDED DECEMBER 17, 2007 AS ALE NO. 2007-0777228 OF OFFICIAL RECORDS. BY: 6' /LWE TIlLS £¼i. .P,vs/dn7 TITLE I I. I] I HL/NSAKER & ASSOCIATES SAN DIEGO, INC. PIAVMW - £WSffER/RD - SURVEYING 9707 WAPLES STRE7 - SW 01690, Cl 92721 R:/03IO\SMop\TR4CT MP/FM to C,sN Ga - N,!g!. 1.3 SlIT 0t.4wg[]Slp_17-200S1&:I5 5/0. 2302-IS (65W/ -0450' - !-"), 'ssa) /71?_ .'. GRADING CT- 07-05 DWG. NO, 457-8A NAD 8.3 CAL. COORD. INDEX: 7986-6249 I ILI CITY OF CARLSBAD TRACT 07-05 LA COSTA GREENS - NEIGHBORHOOD 1.3 BEING A SUBDIVISION OF PARCEL 4 OF PARCEL MAP NO 20174, IN THE CITY OF CARLSBAD, COUNTY OF SIN DIEGO, SlATE OF CALIFORNIA, ACCORD/NO TO MAP THEREOF FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 20, 2006 AS FiLE NO 2006-0901065 OF OFFICIAL RECORDS. SUBDI/1SION MAP GUARANTEE ISSUED BY: CHICAGO TITLE COMPANY, ORDER NO. 830014046-U50 DATED: 7.570 ACRES . NUMBER OF LOTS: 12 DAN McALLISTER B' COUNTY TREASURER- EPUTY TAX COLLECTOR PURSUANT TO SECTION 66434(g) OF THE SUBDMSION MAP ACT, THE FILING OF 77115 AIM' WITHOUT SHOWING THE FOLLOW//IC CONSTITUTES ABANDONMENT: THE GENERAL UTILITY AND ACCESS EASEMENT DEDICATED PER PARCEL MAP NO. 20174. THE COVENANT OF ACCESS EASEMENT RECORDED DECEMBER 20, 2006 AS FILE NO. 2006-0901067 OF OFFICIAL RECORDS. THE COVENANT OF DRAINAGE EASEMENT RECORDED DECEMBER 20, 2006 AS FILE NO. 2006-0901068 OF OFFICIAL RECORDS. hAROLD V. MCSHERRY. TREASURER OF THE 01/V OF,,.,Cfi?LS3A9. STATE-OF',,: CALIFORNIA, HEREBY CERTIFY THAT THERE ARE t/QL]EVIS.:PQR UNPAID, Cf/V TAXES OR U//PAID (ID/ADS ISSUED UNDER ANY /MPRO VEME/I C1,iQRpiMPBQXEMENT'/POtID ACT PURSUANT TO SECT/ON 65436 SUBSECTION (a) (3) (A) (,) OF THE SUBDIVISION MAP OF THE STATE OF CALIFORNIA SHOWING ON Be KS'.O&TI/IS '10FF/CE' EXCEPT ACT, THE SIGNATURES OF THE FOLLOWING OWNERS OF EASEMENTS HAVE BEEN TAXES NO YET PAYABLE AGAINST THE TRACT OR SUBDMS(ON OR ANY PART THEREOF. OMITTED, THEIR INTEREST BEING SUCH TINT IT CANNOT RIPEN INTO FEE TITLE AND 51/OWN LW THE ANNEXED MAP AND DESCRIBED IN THE CAPTION THEREOF. SAID SIGNATURES ARE NOT REQUIRED BY THE GOVERNS/JO BODY. . I. SAN DIEGO GAS & ELECTRIC COMPANY, HOLDER OF EASEMENTS RECORDED JULY Ill WATNIT'S 1/EREOF / HAVE HEREUNTO SET MY HAND THIS ,,L.'L DAY OF ../'/'.4dIfA'(/ 2008. 2Z 1960 AS FILE NO, 151772 AND MARCH 08, 2007 AS FILE NO. 2007-0161310 . - . BOTH OF OFFICIAL RECORDS. HAROLD V NASHERRY CITY TREASURER SN ___,._.., ------ VALLECIFOS WATER 0/ErR/CT FORMERLY SAN IA4RCOS COUNTY WATER DISTRICT, HOLDER OF AN EASEMENT RECORDED JANUARY 27, 1969 AS FILE NO. 15564 OF OFFICIAL RECORDS. CITY OF CARLSBAD, HOLDER OF AN EASEMENT FOR WASTER/ATE!? PIPELINE PURPOSES RECORDED FEBRUARY 13, 1998 AS FILE NO, 1998-0077512 OF OFFICIAL RECORDS. CITY OF CARLSBAD, SUCCESSOR IN INTEREST HOLDER OF AN EASE//C/IT AS GRANTED TO COUNTY OF SAW DIEGO RECORDED JULY 24, 1970 AS FILE NO. 130797 OF OFFICIAL RECORDS If, LORRAINE U. WOOD, CITY CLERK OF THE CITY OF CARLSBAD, STATE OF CALIFORNIA. HERESY CERTIFY THAT THE COUNCIL OF SAID CITY HAS APPROVED THIS MAP OF CITY OF CARLSBAD HOLDER OF ABUTTERS RIGHTS OF ACCESS RELINQUISHED ON CARLSBAD TRACT AD. 07-05, LA CoSrA GREENS - NEIGHBORHOOD 7.3, CONSISTING A/AR NO. 14543, FILED FEBRUARY 12, 2003 AS ALE NO. 2003-0164436 OF OFFICIAL OF 6 SHEETS AND DESCRIBED IN THE CAPTION THEREOF, AND 1/AS ACCEPTED ON RECORDS BEHALF OF THE CITY OF CARLSBAD THE EASEMENTS FOR GENERAL UTILITY AND ACCESS PURPOSES AS DEDICATED ON SAID 1,14/? A/ID HAS ACCEPTED ON BEHALF OF ALFONSA PAZIURA, ANDREW 0. REINJES. LINDA S. REINJES, JOUZAS RAJWYS, THE CITY OF CARLSBAD THE EASEMENT FOR OPEN SPACE OVER ALL OF LOTS 5, 6, 7, SEVER/NA 0. RAIBYS, ANASTAZIJA MITKEVICIUS, AS TRUSTEE OF THE ALBINAS 8, 9, 11 AND 12, ALL AS GRANTED ON SAID MAP, AND HAS ABANDONED THE Ml TA' V/C/US AND AWASTAZUA MITKLVICIUS LMNG TRUST AGREEMENT; ROMULAILAS , FOLOWlNC: THE GENERAL UTILITY AND ACCESS EASEMENT DEDICATED PER PARCEL MAP SVA1V/AUSKAS AND ALOONA ZMIJIOZIWAS, HOLDER OF AN EASE/lENT RECORDED NO. 20774, THE COVENANT OF ACCESS EASEMENT RECORDED DECEMBER 20, 2006 AS NOVEMBER 15, 2006 AS FILE NO. 2006-08 13909 OF OFFICIAL RECORDS. FILE NO. 2006-0901067, AND THE COVENANT OF DRAINAGE EASEMENT RECORDED DECEMBER 20, 2006 AS FILE NO. 2006-0901058 PURSUANT TO SECTION 66434(g) REAL ESTATE COLLATEP,AL M4/L4GEMENT. A DELAWARE CORPORATION, HOLDER OF OF THE SUBDIVISION MAP ACT EASEMENTS RECORDED DECEMBER 17, 2007 AS FILE NO. 2007-0777227 AND AS FILE NO. 2007-0777222, BOTH OF OFFICIAL RECORDS. ESS /31'/ERE01", SAID COU1/CIL HAS CAUSED THESE PRESENTS TO BE EXECUTED MANAGEMENT.' HOLDER OF A DRAINAGE EASEMENT 'f 2008. REAL ESTATE COLLATERAL . NY Fi! CITY CLERK 171/S DAY OF Lf.Lf. tJ_. RECORDEODW/ME1I7 2007 AS FILE NO 2007-0777223 OF OFFICIAL REV ,..j, AMENDED PER AMENDMENT 70 DRAINAGE EASEMENT AGREEMENT RECORDED' iT.. AS FILE f'Io. 200 I.v OFFICL4L RECORDS. - NE WOOD, Cl CL PALO/IA/A' CONGREGATION OF JE/IOVAHS WITNESSES, VISTA CALIFORNIA, INC., HOLDER OF AN ACCESS EASEMENT RECORDED JUNE 29, 2007 AS FILE NO. .H 2007-0439413 OF OFFICIAL RECORDS AMENDED PER AMENDMENT TO RECIPRD , ..' EASEMENT AGREEMENT RECOROED/ AS FILE NO. 2008 g OF OFFICIAL RECORDS. . SHEET 1 OF 6 SHEETS I. DAVID IS AMBLER, A LICENSED LAND SURVEYOR OF THE STATE OF CAL/FOR/NA, HEREBY STATE THAT THE SURVEY OF THIS SUBDIVISION WAS MADE BY Mt OR UNDER MY DIRECT/ON, BETWEEN JULY OF 2004 AND OCTOBER OF 2007, AND SAID SURVEY IS TRUE AND COMPLETE AS SHOWN; THAT MONUMENTS OF THE CHARACTER INDICATED HAVE BEEN SET OR FOUND OR WILL BE SET AT DIE SUBDIVISION BOUNDARY CORNERS; THAT I WILL SET ALL OTHER MONUMENTS OF THE CHARACTER AND AT THE POSITION INDICATED BY LEGEND ON THIS MAP WITHIN 30 DAYS AFTER THE COMPLETION AND THE ACCEPTANCE BY THE CITY OF CARLSBAD OF THE REQUIRED IMPROVEMENTS, AND THAT SUCH MONUMENTS ARE, OR WILL BE SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED. (SEE LEGEND ON SHEET 3.) LAND S DAVID W AMBLER, L.S. Z522 EXPIRES: 72/31/2009 LS. 7322 ) / E.g. 12-31-09 I ROBERT F JOHNSON, JR., Cl/V ENGINEER OF THE CII',' OF CARLSBAD, CALIFORM.4, HEREBY CERTIFY THAT / HAVE EXAMINED THE ANNEXED MAP OF THIS SUBDIVISION TO BE KNOWN AS CITY OF CARLSBAD TRACT NO, 07-05, IA COSTA GREENS - NEIGHBORHOOD 1.3, 0011515/71/C OF 6 SWEETS AND DESCRIBED IN THE CAPTION THEREOF, AND HAVE FOUND THAT THE DESIGN IS SUBSTANTIALLY THE SAME AS IT APPEARED ON THE TEN/AlIVE MAP AND ANY APPROVED ALTERATIONS THEREOF; ,T/I4T ALL THE PROVISIONS OF THE EU DM510/I MAP ACT OF THE STATE OF CALIFORNIA. AND OF ANY LOCAL ORDINANCE OF SAID CITY APPLICABLE AT THE TIME OF THE APPROVAL OF THE TENTATIVE MAP HAVE BEEN COMPLIED WITH, AND I AM SATISFIED THAT SAID MAP IS 1'ECH/IiCALLY CORRECT I HERESY APPROVE AND RECOMMEND SAID MAP. OBERT 7. JOHNSOPEJJR. R.C.E. 28l5 04 CITY ENGINEER REGISTRATION EXPIRES 3\31 \ 10 4 DCII NE/i, SECRETARY TO BZEPIAWNINC COMMISSION OF THE CITY OF CARLSBAD. HEREBY CERTIFY THAT THE TENTATIVE MAP OF CARLSBAD TRACT NO 07-05, LA COSTA GREENS - NEIGHBORHOOD 1.3, HAS SEEN SUBMITTED TO THE PLANNING COMMISSION FOR REPORT AND RECOMMENDATION. (.\ BY:- - _6__.__ SECRETARY OF PLANNING COMMISSION DATED; APPROVED AS TO FORM TIIIS,,,,LJJ!,.DAY RONALD R. BALL C/TI' ATTORNEY 440 I THOMAS 1. PASTIJSZKA. CLERK OF THE BOARD OF SUPERVISORS, HERE9Y CERTIFY THAT THE PROVISIONS OF THE SUBDIVISION MAP ACT (DIVISION 2 OF TITLE 7 OF THE GOVERNMENT CODE) REGARDI/IC ('o) DEPOSIT FOR TAXES AND (b) CERTIFICATION OF THE ABSENCE OF LIENS FOR UNPAID STATE COUNTY, MUNICIPAL OR LOCAL TAXES OR SPECIAL ASSESSMENTS COLLECTED AS TAXES EXCEPT THOSE NOT YET PAYABLE, HAVE BEEN COMPLIED WITH. THOMAS J. PASTUSZKA, CLERK OF THE BOARD OF SUPERVISORS BY DEPUTY ' DATE FILE I, GREGORY J. SMITH, RECORDER 'OF THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA HEREBY CERTIFY THAT I HAVE ACCEPTED FOR RECORDATION THIS MAP FILED AT THE REOUEST OF DAVID W. AMBLER THIS , DAY OF 2008, AT O'CLOCK, _.M. GREGORY J. SM/I/I, COUNTY RECORDER FEE $ 2D.OD REAL ESTATE COLLATERAL MANAGEMENT COMPANY, A DELAWARE CORPORATION AS BENEFICIARY UNDER DEED OF TRUST RECORDED DECEMBER 17, 2007 AS Fl/S NO. 2007-0777224 OF OFFICIAL RECORDS. IL4METimO'F.j U5401i NAME TITLE p, c4Qst TITLE WE. COUNTY TREASURER-TAX COLLECTOR OF THE COUNTY OF 54/! DIEGO, STATE OF CALIFORNIA AND DIRECTOR OF PUBLIC WORKS OF £410 COUNTY HEREBY CERTIFY THAT THERE ARE NO UNPAID SPECIAL ASSESSMENTS OR BONDS WHICH MAY REPAID IN FULL, SHOWN BY THE BOOKS OF OUR OFFICES, AGAINST THE TRACT OR SUBDIVISION OR ANY PART THEREOF SHOWN ON THE A A/AR AND. DESCRIBED IN THE CAPTION THEREOF AA JOHN L. SNYDER BY 14.1 DIRECTOR OF PUBLIC WORKS DATEO:L(19I 1 : 1 I CITY OF CARLSBAD TRACT 07-05 SHEET 2 OF 6 SHEETS I LA COSTA GREENS - NEIGHBORHOOD 1.3 STATE OF CALIFORNIA COUNTY OF..I ) ON 2008 BEFORE ME, NOTARY PUBLIC, PERSONALLY APPEARED -441W.-4— WHO PROVED TO ME ON THE BASIS OF SATISFACTORy EV1DENCE TO BE THE PERSON& WHOSE FI4ME 'ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT SHE/THEY EXECUTED THE SAME IN dWHERITHEIR AUTHORIZED CAPACITY(I AND THAT BY'HER/TIIEIR S(GNATURE('). ON THE INSTRUMENT THE PERSON OR THE ENTITY UPON BEHALF OF WHICH THE PERSON( ACTEO, 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 WITNESS MY HAND. --- ------- PLEASE PR/NT NAME PRINCIPAL PLACE OF BUSINESS: COUNTY COMMISSION EXPIRATION DATE: __L4i____ STATE OFBARWVW7WA ) COUNTY OF Cit. ) ON --46FtA 2008 BEFORE ME, . NOTARY PUBLIC, PERSONALLY APPEARED 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), DR 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 WITNESS HAND. ----- PLEASE PRINT NAME: __b1&A)A CL PfO91'D PRINCIPAL PLACE OF BUSINESS: COUNTY COMMISSION EXPIRATION DATE I I I I T I I '.Fo-TIcTAT- 1 :-Qc-• STATE OF CALIFORNIA COUNTY OFCVi'IT,WA ERSM) ON 2008 BEFORE ME, NOTARY PUBLIC, PERSONALLY APPEARED WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSONJB) WHOSE NAYS(-) IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THATME/SHE/TY EXECUTED TI-If SAME IN I,'IS/HER/TANIR AUTHORIZED CAPACIT(I'IEB.), AND THAT BY 4Ws/HER/rI0? SICNATUR) ON THE 741 INSTRUMENT THE PERSON(S), OR THE ENTITY UPON BEHALF OF WHICH THE PERSUN9 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. WITNESS Y HAND. Adeem ---44---- PLEASE PRINT NAME: PRINCIPAL PLACE OF BUSINESS: ?' COUNTY COMMISSION EXPIRATION DATE: - I I LI J-IUNSAKER & ASSOCL4 TES SAN DIEGO, NC. 07- 05 GRADING PLAN PLANNIMT - £NB)WEERI$0 - SLWWNQ I 9707 WUS SiWET - LW DIECO GA 92721 N\051a\&IvopITRACT MAP VU Lo COMA G,oe,, - Neigh 1.3 MAT O2.oq[JINp-I8-2OD&-O8.29 P.O. 2301-15 DWG. NO. 457-8A HAD 83 CAL. COORD. INDEX 1,9865-6249 (658) 558-II-O..--4Y (ISE) 558- F4 I I I '83 _353 100 0 300 200 300 I . I SCALE 1'100' I C, IOflI/ICSfl&I CITY OF CARLSBAD TRACT 07-05 IA COSTA GREENS - NEIGHBORHOOD 1.3 PROCEDURE OF SURVEY AND INDEX SHEET ®INDICATES EXISTING EASEMENT TO REAL ESTATE COLLATERAL MANAGEMENT FOR LANDSCAPE PURPOSES RECORDED DECEMBER 17, 2007 AS FILE NO. 2007-0777222 OF O.R. FOUND 2 IRON PIPE WITH DISC STAMPED 'CLS8-153 L.S. 6215 STATION CLSB- 153 PER CITY OF NUMBER BEARING DISTANCE - - CARLSBAD SURVEY CONTROL NETWORK LI N36'23'57"E 30.20' (30.21') AS ESTABLISHED BY P.0.5. NO. 17271. L2 N60'23'54 'W 90.08' (90.07') - - PUBLISHED AND FOUND i140'83, CCS"8.3, -- 701/F A COORDINATES: it k -- -- N 1,984,962.033 -GRID E 6,252,691.373 '29) ELI'. 130.632 (NGVD 4284. LA cosFA cRENs MAP CARLSBAD TRACT No, 1443 -03 I I SHEET 3 OF 6 SHEETS THE BASIS OF BEARINGS FOR THIS SURVEY IS THE CALIFORNIA COORDINATE .5YSTEM — 1983, ZONE VI, 1991.35 EPOCH, NORTH AMERICAN DATUM OF 1983 (1/4083), GRID BEARING BETWEEN STATION CLSB- 153 AND STATION CLSB-070 AS S4I0 COORDINATES ARE PUBLISHED IN THE CITY OF CARLSBAD SURVEY CONTROL NETWORK ESTABLISHED BY RECORD OF SURVEY MAP NO. 17271. IE: N 3647'12" W REFERENCED BEARINGS FROM OTHER DOCUMENTS/DEEDS MAY OR MAY NOT BE IN TERMS OF SAID SYSTEM. THE COMBINED SCALE FACTOR AT STATION CISB- 153 IS 0.999960800. 0171/3 DISTANCE GROUND DISTANCE X COMBINED SCALE FACTOR. LEGEND INDICATES FOUND 2 IRON PIPE WITH TAG STAMPED I.S. 7322' PER PARCEL MAP NO. 20174 UNLESS OTHERWISE NOTED. INDICATES ABUTTER'S RIGHTS OF ACCESS RELINQUISHED ON MAP 14543. ( ) INDICATES RECORD DATA PER MAP NO. 14543 UNLESS OTHERWISE NOTED. (R) INDICATES RADIAL BEARING. INDICATES SUBDIVISION BOUNDARY. INDICATES SHEET LIMITS INDICATES SHEET NUMBER (INDEX SHEET ONLY) 1 INDICATES LOT NUMBER INDICATES FIRST AND LAST LOT NUMBERS RESPECTIVELY NOTES TOTAL NUMBER OF LOTS = 12 0) RESIOENTML CONDOMINIUM LOTS = 4 'U 1—' OPEN SPACE LOTS 7 PRIVATE STREET LOT = I (LOT 10 ['I: L, )- TOTAL GROSS AREA IS 7.570 ACRES. 11 UNLESS OTHER WISE SHOWN, ALL CURVES ARE TANGENT CURVES. — ALL DISTANCES AND/OP STREET WIDTHS SHOWN WITHOUT DECIMALS REPRESENT THAT LE) DISTANCE TO ZERO HUNDREDTHS. 0) cc MONLiMENTATLON NOTES UNLESS OTHERWISE SHOWN ON THIS MAP, A 5/8' X IS" REBAR WITH PLASTIC CAP -1 STAMPED L.S. 7322' WILL HE SET AT ALL REAR LOT CORNERS, FRONT LOT CORNERS AND POINTS OF CURVE ALONG LOTS I THROUGH 4 INCLUSIVE ADJOINING LOT 10 WILL SUBOI VISION BE SET WITH LEAD AND DISC STAMPED "L.S. 7322" IN THE CURB ON A 0.25' OFFSET B" A fl ALONG THE PROPERTY LINE OR RADIAL TO THE POINT OF CURVE. IN THE EVENT THE ABOVE TYPES OF MONUMENTS CANNOT BE SET DUE TO UNFORSEEN CIRCUMSTANCES, THEN A TAG OR DISC MARKED IS 7322" WILL BE SET IN CONCRETE, STONE OR METAL AT THE TRUE POSITION CALLED FOR BY THIS MAP. FOR, PARCEL 2 PM 1188 HUNSAKER & A6SGCL4 TES SAN DIEGO, INC - EN N — ilR - SMRPEVPNG' GRADING PLAN — 9707 WAPLES SWEET - S4N 01E94 CA 92121 1,.,Oçrt,p,)0,t TOJIT VdP'/ ',. r,,,, (1',.'., — ,,4$'C,7 fl ,,."fl,fl_fO..2flfiWOG'fi WO ?'4'I fl#' /' A O I.5T Z rfi! rnnpp hIf'FY - 4PSr — ("I / 1358) 556—LIUI. •-. .'.' l4I 538 I I FOU1I STAN S TA 17 CARL AS E PURL 20/Ill N 1,1 E 6, 317.1 N II E 6, I I I C. 1 [ 0,363 4 (OPEN SPACE) 111 N21,510 / 7 800' Lclr 20 N34'33'301E 16.50' N5806.3O'E CITY OF CARLSBAD TRACT 07-05 LA COSTA GREENS - NEIGHBORHOOD 1.3 NUMBER BEARING DISTANCE Li N4823'00'W 20.00 L2 N48'23'00'W 20.00 Li N771500"E 7.33' L4 N05'25'00'W 9.45' L5 N37'03'37"E 77.77' L6 NQI'05'OOF 2219' L7 Nl9'06'00R 74.49' LB I N37'04'00"E 79.70' TO N78'27'OOT 5.70' LiD A5256'23"W 77.00' Lii I 93952'057 84.00' NUMBER DELTA RADIUS LENGTH Cl 300000" 20.00 10.47 C2 45'41'22 30.00 23.92 Ci 455510" - 30.00 24.04 C4 I9'I2'00" 85.00 28.48 CS 49'45'00 4.00 3.47 CO 5237'05" 4.00 3.67 C? 44'42'55" 4.00 3.12 C8 4735'OO" . 4.00 3.32 CO 87'07'55" 30.00 45.62 CIO 124949 85.00 19.03 CII 561000" 9.20 9.02 C12 484700" 9.20 7.83 C13 00'OO'OO" 30.00 47.12 C14 9015'32 - 20.00 31.51 / .PAL 3 pj\jj 20174 \ 40 0 40 80 120 SCALE 1'=40' u. 14.93 / / /' 78.66 5..- A-----------t-------237.77' 0.457 AC 260.16 (OPEN SP..4cE) '31 ZT J 26.1 Cif 452. 1 ~q lyot3,00 0.314 AC 21 00 00, 00. 5' PAHCL 2 SUBDIVISION BOUNDARY Pj\jj -1 -1 //,s'// L 109 52 FOUND 2" IRON PIPE 716174 DISC STAMPED RCE 27214 PER MAR 14543 & PM 20174 0" 1-; xko 00 a. 10.10, F 4' LO 1'' 20 0 I I I I I I I I I I I I I I I I I I Im SHEET 4 OF 6 SHEETS AA INDICATES EXISI$NG SAN DIEGO GAS AND ELECTRIC COMPANY EASEMENT PER DOCUMENT RECORDED JULY 21, 1960 AS FILE NO. 151772, OFFICIAL RECORDS. INDICATES EXISTING EASEMENT TO THE CITY OF CARLSBAD FOR B CONSTRUCTION OPERATION AND MAINTAIN WASTEWATER FA9LITIES RECORDED FEBRUARY 73, 7998 AS FILE NO. M8 007 OFFICJ.4L RECORDS. NDICATES EXISTING EASEMENT TO VALLECITOS WATER DISTRICT RECORDED C JANUARY 27, 1969 AS FILE NO. 75564, OFFICIAL RECORDS. AD INDICATES 70' MOE STREET LIGHT AND MAINTENANCE EASEMENT GRANTED PER PARCEL MAP NO. 20174. INDICATES A GENERAL UTILITY AND ACCESS EASEMENT GRANTED HEREON. INDICATES OPEN SPACE EASEMENT TO THE CITY OF CARLSBAD GRANTED F HEREON. REAL ESTATE COLLATERAL MANAGEMENT, HOLDER OF A DRAINAGE G EASEMENT RECORDED DECEMBER 17, 2001 AS FILE NO. 2007-C777223 OF OFFICIAL RECORDS AMENDED PER AMENDMENT TO DRAINAGE adV EASEMENT 0/ER ,J5OTS 9, 70 AND II PER AGREEMENT RECORDED 41 RECORDS. 0 ' AS FILE RIO. OF OFFICIAL PALOMAR CONGREGATION OF JEHOVAH'S IPTNESSES, VISTA, CALIFORNIA, H INC., HOLDER OF NI ACCESS EASEMENT RECORDED JUNE 29, 2007 AS FILE NO. 2007-04J9413 OF OFFICIAL RECORDS AMENDED PER . AMENDMENT TO RECIPROCAL EASEMEII) OV P FOR DON OF LOT• Al PER AGREEMENT RECORDED / "2..- - AS FILE NO. 23; 2008- 01..7ço 77 OF OFFICIAL RECORDS. EXISIT1IAG CASEMENT RESERVATION IN FAVOR OF REAL ESTATE A, COLLATERAL MANAGEMENT FOR VARIOUS PURPOSES PER DOG. NO. 2007-0777227 RECORDED DECEMBER 77, 2007 HAS NO SPECIFIC LOCATION SET FORTH IN THE DEED AND CANNOT BE PLOTTED ON )VAP. I '.. C -6* 91 1 'N( H '.. '* €2() LA COSTA OREENS MAP NO. 1443 r'V'fl PAD TPACI 0903 ,. I HUNSAKER & ASSOCIA TB SANDIEGO. INC. PmNmm - O0R - 9707 WkPLES SmEEI - 5411 DIEGO, (04 92727 R,Ic510\aM.\rftA0T '1s%0l. lo Costs Gs,es - N4fl 1.3 SlIT 54.0 154t-20-2C435lIT20 5.0. 2301-15 GRADING PLAN NWIT i,I( '17-1, CT- 07-05 NSI) 93 CAL. COORD, INDEX: 1 qRI-624 P NUMBER BEARING DISTANCE LI N37'JI'00'E 13.22 .2 N37'JI'OO'E 8.29' J 143731 'DO'S jJ' L4 N72'21 '00-E ]ji7_9' L5 7438'52'15W ]_7' L5 N2948'30'E !_!!' L7 N60'll'JOW 17.94 L8 1429'48'30S IRflI' L9 N6020'00'W 1800 LID 1429'40'00'S 9.00 LII 1470 15'OO'W(R) 18.00 12 405'45'00'W 27.00' -TII 40 0 - 40 80 120 SCALE 1'= 40' NUMBER BEARING DISTANCE L 1 N84'I5'00'E 18.01' LIA N06'Zl'IJO'W 14.59' US N16.'09'05'W 18.02' L16- N78'45'OO"E(R) 20.00' L17 N72-J5-00-E(R) 20.00' 118 1430'00'00"E 15.00' L19 NIO'00'OL1"E 21.00' 120 1406'51'29'W 708.58' L21 N06'51'29"W 47.34' L NOE5I'29"W 42.56' L23 - NON'5?'29W 44.39' (24 1478'25'00'S 32.00 (25 N8 1'00'00'E 33.00' NUMBER DELTA RADIUS LENGTH CI 955'00 52.00 9.00 C2 53705' 30,00 23.89 45049' 30.00 44.43 C4 3'31'49' .30.00 22.79 C5 4 11900' 30.00 27.63 C6 84*4224' 30,00 44.35 07 00'30'23' 304.00 2.69 CB 10639' 1271.00 9.98 C9 67000' 251.00 27.01 010 44700' 271.00 22.62 T o 1,53,55" 315.00 10.44 C12 40800' 215.00 15.51 CIJ 01532' 20.00 31.51 C14 437626' 295.00 222.81 C15 431626' 280.00 271.48 I I I I I I I I I I I I I I I I I I I CITY OF CARLSBAD TRACT 07-05 , SHEET 5 OF 6 SHEETS LA COSTA GREENS - NEIGHBORHOOD 1.3 INDICATES EXISTING EASEMENT TO THE CITY OF CARLSBAD FOR OPERATION 8110 MAINTAIN WASTEWATER FACILITIES CONSTRUCTION PALOMAR CONGREGATION OF JEHOVAH'S TNESS O H INC., HOLDER OF AN ACCESS EASEMENT RECOA "2O07 AS FILE NO. 2007-0439413 OF OFFICIAL RECORD I" B RECORDED FEBRUARY 13, 7998 AS FILE NO. 1998-0077512, OFFICIAL PER RECORDS. AMENDMENT m RECIPROCAL EASEMENT OVER,.,4 PORTION OF LOT ID AGREEMENT RECORDED I'K-O, AS FILE NO. A PER INDICATES EXISTING EASEMENT TO VALLECITOS WATER DISTRICT RECORDED 2008- OF OFF1CtAL RFIROS. C JANUARY 27. 7969 AS FILE .140. 15564, OFFICIAL RECORDS. AE INDICATES A GENERAL UTILITY AND ACCESS EASEMENT GRANTED HEREON. INDICATES EXISTING PRIVATE ACCESS EASEMENT FOR THE BENEFIT OF A PARCEL INDICATES OPEN SPACE EASEMENT TO THE CITY OF CARLSBAD GRANTED 2 OF PARCEL MAP 1110 PER DOCUMENT RECORDED NOVEMBER 75, 2006 AS FILE NO. 2006-0813909, OFFICIAL RECORDS. HEREON. REAL ESTATE COLLATERAL MANAGEMENT, HOLDER OF A DRAINAGE AG EASEMENT RECORDED DECEMBER 77, 2007 AS FILE NO. 2007-0777223 -- - OF OFFICIAL RECORDS AMENDED PER AMENDMENT TO DRAINAGE PER AGREEMENT RECORDED EASEMENT OVER LOTS 9 10 AND 1 AS fliP NO 008-rM..",..4I OF OFFICIAL N05 44 !!w 146546 G0'8' 1250 1315 N " It3- BOUNDARY SUBDIVISION '0 0.360 AC 0 1 04 1.296 AC ra 1.376 AC fv 0.050 AC G (OPEN SPADE SEE 0 'A' N05-4~'OO*W JASPEIR 1.20 AC -pos SOUNDARY 01 135 71 Ell JJJ.ii- LtL 44,( NO SCALE P2.41181110 - ENGiNEERiNG - HLWSAKER & ASSOCL4 TES SANDIEGO, iNC. GRADING PLAN CT- 07-05 9707 WAPLES 571(857' - SAN 01804 04 92127 rAMr t.i" ,?AP1, K14D R.'i GAL GOURD. INDEX: i QR'-624Q N'C MAOiA ... tAt1, C',' - "HA' 11 TM' A5A,flO,1-X-2CA8"4:'9 WA 200"'T LA COETA GiRiJE MAP j\JQ 14543 LOT 20 N NNNN J-'_JlJJ I 8-' 0,774 AC (OPEN SPACE) '-5 1.452 AC (OPEN SPACE) N08'04'14"W 77.70' WOg'. ,, 2 Z8. 00 - e 4,4Lc, MD '9. - 0'00 127,00 1414-42 1 'b \'b R,0, " .32 - 0' 0, N26-00 - 19R0Il850O0 :z) L23 --' S cl .I, " 'A 12 /tIITID!'1 ,' (T" o' 0.170 AC 4 ,'\, ' (OPEN SPACE) T (I ,ççf 4/ -- SEE SHEET NO. RIGHT OE WAY MEASURED ALONG CURB LINE B. C. CURB RETURN 25 00' CURB CURB RJRN RESIDE,VrIAL LOT PROPERTY LINE—_ INDYC47ES SIGHT DISTANCE, CORRIDOR SFE NOTE NIS SHEET SIGHT DISTANCE CORRIDOR DETAIL NO SCALE SIGHT C/STANCE CORRIDOR NOTE: ALL STREET INTERSECTIONS SHOWN ON THIS MAP ARE SUBJECT TO SIGHT DISTANCE CORRIDOR REQUIREMENTS AS SHOWN ON THE ABOVE DETAIL, UNLESS A MORE RESTRICTIVE SIGHT CORRIDOR IS REQUIRED. CITY OF CARLSBAD TRACT 07-05 LA COSTA GREENS - NEIGHBORHOOD 1.3 NON-MAPPING DATA SHEET Al SHEET 6 OF 6 SHEETS 2, ALL IMPROVEMENTS ARE PRIVATELY OW//ED AND ARE To BE PRIVATELY MAINTAINED WITH THE EXCEPTION OF THE FOLLOWING: EL CAM/NO REAL FRONTAGE IMPROVEMENTS. PUBLIC WATER SYSTEM. PUBLIC SEWER SYSTEM. 0. PUBLIC RECLAIMED WATER SYSTEM. BUILDING PERMITS WILL NOT BE ISSUED FOR THIS PROJECT UNLESS THE LOCAL AGENCY PROVIDING WATER AND SEWER SERVICES TO THE PROJECT PROVIDES WRITTEN CERTIFICATION To THE CITY THAT ADEQUATE WATER SERVICES AND SEWER FACILITIES, ARE AVAILABLE TO THE PROJECT AT THE 1/ME OF THE APPLICATION FOR THE BUILDING PERMIT, AND THAT WATER AND SEWER CAPACITY AND FACILITIES WILL CONTINUE TO BE AVAILABLE UNTIL THE TIME OF OCCUPANCY DEVELOPER HAS EXECUTED A CITY STANDARD SUBDIVISION IMPROVEMENT AGREEMENT TO INSTALL AND HAS SECURED WITH APPROPRIATE SECURITY AS PROVIDED BY LAW, PIJSLIL- IMPROVEMENTS SHOWN ON THE TENT/liVE MAP. THESE IMPROVEMENTS INCLUDE, BUT ARE NOT LIMITED TO (PAVING. BASE, SIGNING Ac STRIPING, MEDIANS, 0/1,/DING, CLEARING AND GRUBBING. UNDEROROUNDING OR RELOCATION OF UTILITIES, SEWER, WATER, FIRE HYDRANTS, ORAINANGE STTZUCTURESw AND RECLAIMED WATER. SAID IMPROVEMENTS SHALL BE INSTALLED TO CITY STANDARDS TO THE STATISFACT1ON OF THE CITY ENGINEER. MORE SPECIFICALLY, THESE IMPROVEMENTS INCLUDE: ONSITE PUBLIC WATER SYSTEM,AS SHOWN ON THE TENTATIVE MAP. ONSITE PUBLIC SEWER SYSTEM, AS SHOWN ON THE TENTATIVE MAP. 0//SITE PUBLIC RECLAIMED WAFER SYSTEM, AS SHOWN ON THE TENTATIVE MAP. - GEOTECHNICAL CAUTION: A. THE OWNER OF THIS PROPERTY ON BEHALF OF ITSELF AND ALL OF ITS SUCCESSORS IN INTEREST HAS AGREED TO HOLD HARMLESS AND INDEMNIFY THE CITY OF CARLSBAD FROM ANY ACTION THAT MAY ARISE THROUGH ANY GEOLOGICAL FAILURE, GROUND WATER SEEPAGE OR LAND SUBSIDENCE AND SUBSEQUENT DAMAGE THAT MY OCCUR ON, OR ADJACENT TO, THIS SUBDIVISION DUE TO ITS CONSTRUCTION, OPERATION OR 1/.4IIiEEN4NCE. NO STRUCTURE, FENCE, WALL - TREE, SHRUB, SIGN, OR OTHER OBJECT MAY BE PLACED OR PERMITTED TO ENCROACH WITHIN THE AREA IDENTIFIED AS A SIGHT DISTANCE COPIITOCR AS DEFINED BY CITY OF CARLSBAD ENGINEERING STANDARDS. THE OWNER OF THIS PROPERTY ON BEHALF OF ITSELF AND ALL OF ITS SUCCESSORS IN INTEREST HAS AGREED TO HOLD HARMLESS AND INDEMNIFY THE CITY OF CARLSBAD FROM ANY ACTION THAT MAY ARISE THROUGH ANY DIVERSION OF WATERS, THE ALTERATION OF THE NORMAL FLOW OF SURFACE WATERS OR DRAINAGE, OR THE CONCENTRATION OF SURFACE WATERS OR DRAINAGE FROM THE DRAINAGE SYSTEM OR OTHER IMPROVEMENTS IDENTiFIED IN THE CITY APPROVED DEVELOPMENT PLANS: OR BY THE DESIGN, CONSTRUCTION OR MAINTENANCE OF THE DRAINAGE SYSTEM OR OTHER IMPROVEMENTS IDENTIFIED IN THE CITY APPROVED DEVELOPMENT PLANS. I I I I I I I I I I I I I I & ASSOCIATES SAN INC . . CT - 07-05 GRADING PLAN PZ.4NMWW - ENGNW/1NQ - SIJRVEflMT - 9707 WIPLES STREET - 541 0/EDO. 04 92221 NO5IO\ZHApTR4CT IL4PVM Lu Cuufu G., - sigheigh LI $/IT ERuq[jsup-2-30(W'16B2 5.0. 2301-15 - DWG. NO. 457-BA HAD 83 CAL. COOR(L INDEX: 7 986-6249 E (AM) 558-450fl - TAX (AM) 558-1414 RECORDING REQUESTED BY Chicago Title Subdivision Dept. AND WHEN RECORDED MAIL TO: The original of this document was recorded on March 16, 2009 as Document No. 2009-0129997 in the Office of the County Recorder of San Diego County, CA Hecht Solberg Robinson Goldberg & Bagley LLP Mr. John Hecht 600 West Broadway, Eighth Floor San Diego, CA 92101 THIS SPACE ABOVE FOR RECORDER'S USE SOLTERRA AT LA COSTA GREENS CONDOMINIUM PLANS I U RECORDING REQUESTED BY: WHEN RECORDED MAIL TO: HECHT SOLBERG ROBINSON ' GOLDBERG & BAGLEY LLP Mr. John Hecht 1 600 West Broadway, Eighth Floor San Diego, California 92101 1 SOLTERRA AT LA COSTA GREENS CONDOMINIUM PLANS I LC GREENS 1.3 LLC, a Delaware limited liability company, being the record owner of the real property described below consents to the recordation of these Condominium Plans. This consent is given pursuant to California CIVIL CODE Section 1351, with the understanding that the below described property I may be divided into condominiums, as defined in California CIVIL CODE Section 783. 1. Real Property Covered. These Condominium Plans cover the following described real property: I Lots 1, 2, 3 and 4 of CITY OF CARLSBAD TRACT NO. 07-05, LA COSTA GREENS - NEIGHBORHOOD 1.3, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof I No. 15731, filed in the Office of the County Recorder of San Diego County, December 8, 2008 ("SolTerra at La Costa Greens"). I 2. Multiple Condominium Plans. Regardless of the use of the term "Condominium Plan" In the singular, it is intended this instrument constitute a separate condominium plan, as defined in I California CIVIL CODE Section 1351(e), as to each Phase shown on the Attached Plans. Reference in this Condominium Plan to "Merchant Builder" refers to LA COSTA GREENS 1.3 LLC, a Delaware limited liability company, or any successor Merchant Builder under the Declaration of Covenants, Conditions and Restrictions for La Costa Greens recorded on June 2, 2004 as Instrument No. 2004-0512841 in the Office I of the County Recorder of San Diego County, as it may be or become amended from time-to-time. Phase Owner's Right To Amend Condominium Plan. The Condominium Plan covering a Phase may be amended or revoked by a document signed and acknowledged by the then owners of I the Phase and by their Mortgagees. For example, until the conveyance of a Condominium within a Phase, amendment of the Condominium Plan covering just that Phase shall require the signature only of Merchant Builder as the owner of the Phase and of each Mortgagee whose Mortgage encumbers the I Phase. Attached Plans. These notes and definitions are a part of plans attached hereto (the "Attached Plans"). I 1/26/09 ..1.. 009965.0022 3450073 I I I i Residential Units. Each "Residential Unit", is a separate interest in space as defined in California CIVIL CODE Section 1351(f) and shall have the dimensions shown and described as such on the Attached Plans. Included within each Residential Unit are all portions of the residence, Yard and Yard improvements located in the Residential Unit. For example, included within the boundaries of each Residential Unit are the exterior surfaces of the walls, foundation, roof, windows and doors of the residential building built within the Residential Unit together with all other portions of such building and all other real property shown on the Condominium Plan as being within the Residential Unit but outside of the residential building. Each Residential Unit includes the space so encompassed. The following are also part of a Residential Unit: Bearing walls, columns, floors, roofs, foundations, heating, air conditioning equipment (if any), and other services, pipes, ducts, flues, chutes, conduits, wires and other utility installations, wherever located, except any such pipes, wires or other utility installations which serve more than one Residential Unit or another Residential Unit. Should any pipes, wires or other utility installations which serve more than one (1) Residential Unit but which are not owned and maintained by the City or a public utility be located within a Residential Unit, the same shall be within the Common Maintenance Areas and be within the Special Benefit Area established for SolTerra at La Costa Greens. In interpreting deeds and the Condominium Plan, If the Condominium Plan shows the horizontal dimensions of a residential building to be coterminous with a Residential Unit boundary, the then existing physical boundaries of the residential building, whether in its original state or reconstructed in substantial accordance with the original plans and locations thereof, shall be conclusively presumed to be its boundaries rather than the boundaries expressed in the deed or the Condominium Plan, regardless of settling or lateral movement of the building and regardless of minor variance between boundaries shown on the plan or deed and those of the building. Yard. The term "Yard" shall mean and refer to that portion of a Residential Unit that is not covered by a residential building. The following are within the Common Maintenance Area regardless of whether the same may be located within or intrude within the boundaries of a Yard: (i) any drainage facilities or other improvements designated on the applicable Condominium Plan for Community Association maintenance; and (ii) any sewer lines, water lines, or other utilities which serve more than one Residential Unit. "Yard" shall also refer to an exclusive easement for yard purposes which may be granted over Community Association Property or the Residential Unit of another Owner. For example, the Yard portion of a home(s) in one (1) or more Phases may extend to an area within another Phase, in which case the portion which extends to the other Phase would be an exclusive easement for yard purposes rather than a Residential Unit. Condominiums. A total of thirty-eight (38) Condominiums are shown on the Attached Plans. Each Condominium includes: A Residential Unit; The exclusive right to use and occupy any Exclusive Use Area which is conveyed to the Owner of the Residential Unit; and An undivided interest as tenant in common to the Common Area of the Phase in which the Residential Unit is located; An appurtenant non-exclusive easement pursuant to the terms and conditions of a document entitled the" Deed and Declaration Establishing Access Easement Rights" recorded or to be recorded in the Office of the County Recorder of San Diego County, California. A Condominium may also include additional easements or elements. 1126/09 -2- 009955.0022 3450073 I I I F11 I I 1 I I 1 I I Phases. The Attached Plans describe several Phases, with each Phase being a three dimensional portion of the land described in Paragraph I above and established pursuant to California I GOVERNMENT CODE Section 66427. The dimensions of the Phases shall be as follows: The horizontal boundaries of each Phase shall be as shown on the Attached Plans and shall include within its boundaries all portions of the respective buildings in the Phase, including, but not limited to, the roof, any chimneys, vents, balóonies, foundations, overhangs, columns and other appurtenances, regardless of I whether any such items lie outside of the boundary lines for the Phase shown on the Attached Plans. Each Phase extends indefinitely upwards and downwards. Common Area. "Common Area' within a Phase of Sollerra at La Costa Greens shall mean and refer to shall mean and refer to the entire Phase excepting the Residential Units. The Owners of the Residential Units within a Phase shall receive an equal undivided ownership interest in the Common Area of that Phase, with the undivided interest of each such Owner being equal to the reciprocal of the number of Residential Units within the Phase. Physical Boundaries. In interpreting deeds and plans, the then existing physical boundaries of a building or other improvements, whether in its original state or reconstructed in I , substantial accordance with the original plans thereof, shall be conclusively presumed to be its boundaries rather than the boundaries expressed in the deed or Attached Plans, regardless of settling or lateral movement of a building, fence, wall or other improvement and regardless of minor variance between boundaries shown on the Attached Plans or deed and those of the building, fence, wall or other I improvement. IN WITNESS WHEREpF, these Condominium Plans have been executed at San Diego, I California, this day of , 2009. OWNER LC GREENS 1.3 LLC, a Delaware limited liability company By: Title: rH AJtt-, Tol1lt?1 FJ 1 -3- 009965.0022 345007_3 I I STATE OF CALIFORNIA ) ss. COUNTY OF n)ie On ,j.jo._. ..DO?, before me, H._L4-u j (here insert name and title of the officer), personally appeared ,_,413J2I&L who proved to me on the basis of satisfactory evidence to be the person(z) whose name(s) isle subscribed to the within instrument and acknowledged to me that he/s&they executed the same in hisibectheir authorized capacity(is), and that by his/h#tleir signature(s) on the instrument the person(&), or the entity upon behalf of which the person(4) 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. - - - . Comm1ssjon 14 1745639 Notary Public CaII?orna San DIgo County Signature (Seal) I i I I I 1/26/09 I I -4- 009965-0022 345007_3 1 I I WITNESS my hand and official seal I I 1 Li BENEFICIARY'S CONSENT The undersigned, being the Beneficiary under a deed of trust recorded December 17, 2007 as Instrument No. 2007-0777228, in the Office of the County Recorder of San Diego County, California, hereby consents to the recordation of this Condominium Plan. FIRST HORIZON HOME LOANS, a division of First Tennessee Bank National Association By: Its: I STATE OF CALIFORNIA )ss. COUNTY OFNC ceC' ) On /L44i/L ? /, O , before me, /1"6Lti I (here insert name and title of the officer), personally appeared z2.' )?7LL_tLLiL who proved fo me on the basis of satisfactory evidence to be the person whose names) is/ar( subscribed to the within instrument and acknowledged to me thatJr6/sheIJke executed the same in.b6her/th6ir authorized capacity(ies), and I that by ti&her/thir signature(.s on the instrument the personK, or the entity upon behalf of which the person(s) acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the I I foregoing paragraph is true and correct. WITNESS my hand and official seal. I KATHY MACKIN - CoMM.# 1741246 (I) NOTARY PUSLIC.CAIIFOMIA Signature ~<W '2L4 (Seal) I 009965-0022 345007_3 I I 1 i BENEFICIARY'S CONSENT The undersigned, being the Beneficiary under a deed of trust recorded December 17, 2007 as Instrument No. 2007-0777224, in the Office of the County Recorder of San Diego County, California, hereby consents to the recordation of this Condominium Plan. REAL ESTATE COLLATERAL MANAGEMENT COMPANY, a Delaware corporation VOIA =0 I I By: Its: STATE OF COUNTY OF ) ss. A^k,,~onkthe J& On -2-q--o J , before me ______ officer), personally appeared ____________________ (here t of , who proved to me basiof 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. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. 1 I WITNESS my hand and official seal. Signature Av~ "OFFICIAL SEAL" DIANA C. MORENO NOTARY PUBLIC, STATE OF ILLINOIS MY COMMISSION EXPIRES tO/4/2009 (Seal) I I 1/6/09 -6.. 009965-0022 3450073 I S U I I I I 1 I Li Diagrammatic Plans I [to be attached) I 1 Li I I Li I I I I 1 1/26/09 I I 009965-0022 3450073 SHEET 1 OF 13 SHEETS jpAS At ! /17.. 110 £°"\ / V p.009- pm 7) II I; i" II 12 2 '5'0t/4,D i,01 20 AP NO- GOLqTA FACT g-0d L.A PL PROJECT BOUNDARY LEGAL DESCRIPTION LOTS 1 THROUGH 4 INCLUSIVE OF CITY OF CARLSBAD TRACT NO. 07-05, IA COSTA GREENS - NEIGHBORHOOD 1.3, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CAL/F0RNL4, ACCORDING TO MAP THEREOF NO. 15731, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY ON DECEMBER 08, 2008. TABLE OF CONTENTS BASIS OF BEARINGS ITEM PAGE NO. THE BASIS OF BEARINGS FOR THIS PLAN IS CCS- 1983. ZONE ' SURVEYOR'S STATEMENT 1 1991.J5 EPOCH, NORTH AMERICAN DATUM OF 1983 (NADSJ), GRID 2 BEARING BETWEEN STATION CLSB- 153 AND STATION CLSB-070 AS LEGEND & GENERAL NOTES SAID COORDINATES ARE PUBLISHED IN THE CITY OF CARLSBAD SURVEY CONTROL NETWORK ESTABLISHED BY RECORD OF SURVEY PHASING PLAN 3 MAP NO. 17271. IE N 36'47'12" W BASIS OF ELEVATIONS RESIDENT/AL UNIT HORIZONTAL BOUNDARY PLANS 4-11 THE BASIS OF ELEVATIONS FOR THIS PLAN IS A STANDARD STREET SURVEY. MONUMENT STA. 288+89 EC ON CENTERLINE OF EL CAMINO SECTION "A" - "A" 12 REAL PER SAN DIEGO COUNTY VERTICAL CONTROL NETWORK. ELEVATION: 311.41 (NGV01929) ELEVATIONS 73 SURVEYOR'S STATEMENT I HEREBY STATE THAT I AM A LICENSED LAND SURVEYOR OF THE STATE OF CALIFORNIA, AND THAT 10 LAND '$ THIS PLAN CONSISTING OF 13 SHEETS CORRECTLY SHOWS THE BOUNDARIES OF THE LAND, AND 0 THE RE ON THERETO THE UNITS SHOWN HEREON. - BY/DAWD /I/&Ph ç4h L.S. 7322 W. EXPIRES 12IJ 1/0.9 OF cAo CONDOMINIUM PLAN HUNSAKER &ASSOCJATFSSANDJ.EGO, INC. SQL TERRA AT LA COSTA GREENS AIcII'UPflP/-lrlf)D I NEIGHBORHOOD 1 92121 (858) 558-4500 - FAX (858) 558-1414 R:\0510\W4op\Condo\CP SHI Ohdwg[]Jon.-26-2009: 1042 W.O. 230-15 1 1 1 I I I I I I 1 I I I I I I I I Li SHEET 2 OF 13 SHEETS 111 LEGEND Al INDICATES PHASE NUMBER INDICATES RESIDENTIAL UNIT NUMBER 5 INDICATES LOT NUMBER INDICATES APPROXIMATE LOCATION OF SUBDRAINS -. - - - INDICATES APPROXIMATE BUILDING LINE NOTES DEFINITIONS AND ADDITIONAL NOTES ARE CONTAINED WITHIN THE CERTIFICATE CONSENTING TO THE RECORDATION OF THESE CONDOMINIUM PLANS ATTACHED HERETO. WRITTEN DIMENSIONS HEREIN SHALL HAVE PRECEDENCE OVER SCALED DIMENSIONS HEREIN. J. ALL HORIZONTAL ANGLES BETWEEN BOUNDARY PLANES ARE 90' UNLESS SHOWN OTHERWISE. 4. IN INTERPRETING DEEDS AND PLANS, THE THEN EXISTING PHYSICAL BOUNDARIES OF A BUILDING OR OR OTHER IMPROVEMENTS, WHETHER IN ITS ORIGINAL STATE OR RECONSTRUCTED IN SUBSTANTIAL ACCORDANCE WITH THE ORIGINAL PLANS THEREOF, SHALL BE CONCLUSIVELY PRESUMED TO BE ITS BOUNDARIES RATHER THAN THE BOUNDARIES EXPRESSED IN THE DEED OR ATTACHED PLANS, REGARDLESS OF SETTLING OR LATERAL MOVEMENT OF A BUILDING, FENCE, WALL OR OTHER IMPROVEMENT AND REGARDLESS OF MINOR VARIANCE BETWEEN BOUNDARIES SHOWN ON THE ATTACHED PLANS OR DEED AND THOSE OF THE BUILDING, FENCE, WALL OR OTHER IMPROVEMENT. I I I F] CONDOMINIUM PLAN SQL TERRA AT LA COSTA GREENS NEIGHBORHOOD 1.3 HUNSAKER & ASSOCIATES SAN DIEGO, INC. PLANNING - ENGINEERING - SURVEYING 9707 WAPLES MEET - SAN DIEGO. C4 92121 (858) 558-4500 - FAX (858) 558-1414 '%D'm 10\&Af7p \Condo\CP SHT 00.dw9(jJon— 19-2009:12:36 W.O. 2301-15 I 1 I 1 I 1 I I I I I I 6 1 I 1 I 1 I I I 1 I I 1 I I I I p I I SHEET 3 OF 13 SHEETS I SCk 1",~ nuh LEGEND. /\ INDICATES PHASE NLJMBER\ INDICATES RESIDENTIAL UNIT NUMBER INDICATES LOT NUMBER PHASING PLAN \ / CONDOMINIUM PLAN :;•: HUNSAKER &ASSOCL4 TES SAJ1DIEGO, INC IEN So A A T LA COSTA GREENS •] PlANNING - ENGINEERING - SURVE)ING L. flh11 tl I /1 Il / V 9707 WAPLES STREET - SAN DIEGO, CA 92121 GHAIEIr/9oOHooD I 2 (858) 558-4500 - FAX (858) 558-1414 BORHOOD I U I' I • R. \05 10\&Mop\Condo\CP SHT 00.dwgQJon- 19-2009:12:.36 W0. 2301-15 LI rJJL. r' I I 0) 0 I II co L.-- - - ----_J I - 00, ;;r-:::-c SHEET 4 OF 13 SHEETS I 731 4847'00' ,,-LOT 4 BOUNDARY L7.83' R=9.20'\__( N855100#E 77.56' -' N370400"E --- 37.89' /] 39.67' 1070' j' p— ------- ,6p,,. jr / 00" jr / ------ --- 41__•/_ \ K '' QO %20 PJ WAS V017 >5 I i I A /t I I 8 i i 0?[ I I i N2480 w2: 3300_I :LOT 1 BOUNDARY No. 38.56 16.57' bI\' N88261007- ° NO RESIDENTIAL UNIT HORIZONTAL BOUNDARY PLAN h. \ ------- I CONDOMINIUM PLAN HUJ'JSAJCER &ASSOCIA TES SAN DIEGO, INC. SQI TEDR A A T LA COSTA GREENS ' 0A PLANNING - ENGINEER/NC - SURVf?ING LI ! iM /1! 1.., Ill (J(\ I V 9707 W4PLES STREET - SAN DIEGO, CA 92121 M" (858) 558-4500 - FAX (858) 558-1414 IYL_II.7WBORHOOD I t ../ R:\O51O&Mop\Condo\CP SHT 0.dwg]Jan-19-2009:12:J6 W0, 2.507-15 I I I I 1 1 1 I I 1 I 1 I I I I I I I ,.-N65'33'00"W 7.48' c-0.49' n -. 60 I I p I I I I I I I I I I I I I I I I SHEET 5 OF 13 SHEETS EXISTING GENERAL UTILITY & \-J ACCESS EASEMENT GRANTED I LOT 6OUNOA ' PER MAP NO. 15731 E 44,15' / V N78'27'00"E 5.70' / N4 1'Og 'OO"E 11.00' 37 . N01i29'20W 10.17' ' -Is N48'23'00"W 27.00' b / A i A 5r , / 7 4 x ile p 4'' / S. ® S.' b1' , \. •\ /7 If- '53'5B \ 7 , \ \;185"' 17,00 S.' p• ILA 00 / - O--'' " 'V CD 2. rn / '.- o .z. ' ® \ 0, '- / N3246'JO"E ® ' / 13.3 /\ / N34'33'30"E / 16.50' / / / N3925'00"E 20.00' --- N58'06'OO"E 19.31' RESIDENTIAL UNIT HORIZONTAL BOUNDARY PLAN CONDOMINIUM PLAN I HUNS,4XER &ASSOCL4 TES SAN DIEGO, INC. PLANNING - ENGINEERING - SURVEYING SQL TERRA AT LA COSTA GREENS I . 9707 WAPLES STREET - SAN DIEGO, CA 92121 NEIGHBORHOOD 1.3 I (858) 558-4500 — FAX (858) 558-1414 R: \05 70\&Uop\Cono\CP S/IT 00.dwg/7Jan- 19-2009: 72:36 WO. 23.07-75 SHEET 6 OF 13 SHEETS O EXISTING GENERAL UTILITY & A ACCESS EASEMENT GRANTED PER MAP NO. 15731 - EXISTING SEWER EASEMENT \.J REC. 01-27-69 AS DOC. NO. 15564 O.R. P N --- C) WAN RESIDENTIAL UNIT HORIZONTAL BOUNDARY PLAN I I I- I I I I I I CONDOMINIUM PLAN HUNSAKER &ASSOCIATESSANDIEGO, INC. S0' TERRA ' LA COSTA GREENS PLANNING - ENGINEERING - SURVEYiNG L.. I IVi /1! Li I/I 1.2 I V 9707 WAKES STREET - SAN DIEGO, CA 92721 AIC.lrH'9Opj/OOD i . Is (858) 558-4500 - FAX (858) 558-474 R\0510\&Mop\Condo\CF SlIT 00.dwg(JJon-.19-2009:72:36 W. 0. 2J07-75 L'] I r SEE SHEET NO. 6 =0224'36 A 64 O?L1Z 0 R9 '\; N39'52 05 79 t ti N49'44'b0E( I - _ Ii _iN39'52'O5"E99"9—- 100 N58'41 '34(R) N3952'05E 89.89' " -------------- I Ir © N6748'00E( JI I- L-- L SHEET 7 OF 13 SHEETS 3.3' fr) NI J /yo ! 1I c\q , / I EXISTING GENERAL UTILITY & ACCESS EASEMENT GRANTED PER MAP NO. 15731 EXISTING SEWER EASEMENT REC. 01-27-69 AS DOC. NO. 15564 O.R. / I I I I I I I I I I I I Jj' N39'529 "E 1' 00 'E ,1 t\ II I I I I I I I I / / RESIDENTIAL UNIT HORIZONTAL BOUNDARY PLAN CONDOMINIUM PLAN HUNSAKER&ASSOCLATES SAJIDIEGO, INC IEN SO 1 TERR A A T LA 'OS' GREENS t.:•. PLANNING - ENGINEERING - SURVrI1NG LI /1 /1! COSTA IV 9707 WAPLES STREET - £4N DIEGO, CA 92121 GHA!CID()/,HQor) i (858) 558-4500 - FAX (858) 558-1414 BORHOOD Is' I .I R:\0570\&Mop\Condo\CP SHT 00dwg[]Jon-19-2009:2J6 W.O. 2301-75 1 I 1 I I I I I SHEET 8 OF 13 SHEETS I EXISTING GENERAL UTILITY & ACCESS EASEMENT GRANTED PER MAP NO. 15731 ®EXISTING SEWER EASEMENT REC. 01-27-69 AS DOC. NO. 15564 O.R. I I I I I S- SHE(7 No. I INN 65 I - -35 / \ () SEE SHEET NO. 7 RESIDENTIAL UNIT HORIZONTAL BOUNDARY PLAN CONDOMINIUM PLAN HUNS14xBR&ASSOCL4TESSAI1DJEGo, INC PLANNING - ENGINEERING - SURVE)ING SQL TERRA AT LA COSTA GREENS 9707 WAKES STREET - S4N DIEGO, (858) 558-4500 - FAX (858) 558-1474 CA 92121 NEIGHBORHOOD 1.3 R: \05 10\&Mop \Condo\CP SHT 00.dwg(]Jon— 19-2009:12:36 W.0. 2301-15 SHEET 9 OF 13 SHEETS CHEEJ NO. 10 SEE ' EXISTING GENERAL UTILITY & A ACCESS EASEMENT GRANTED PER MAP NO. 15731 ED 5.00' _ 30 8.5' L 1 90 SOIL t 0 I c -- C-4 gfj5-97.S0 - w al -- - n z' - — f.J'J 4. t.1 ---'--I t I -- I - - I I © CL A 97.50 8.5 _----- II tc 97.50 cc -, - c. I L-1 5 ,6= 15'15'44 EI' L=15.93' '7 Ii — SH-- v 08 RESIDENTIAL UNIT HORIZONTAL BOUNDARY PLAN CONDOMINIUM PLAN HUNSAKER&ASSOCL4 TES SAN DIEGO,ThJC. SQL TERRA AT LA COSTA GREENS 92121 NEIGHAII/LJD/DLJP,1fl i . BORHOOD ItI/LI I '-' (858) 558-4500 - FAX (858) 558-1414 Th\0510\&Mop\Condo\CP SIlT 004wg[o,1-19-2009:I2:36 W.O. 2,501-15 I I I I I I I I I I I I I I I I I I 11 \' I I SHEET 10 OF 13 SHEETS I I A N37'31'00°E - 8.29' -N26'18'00"E 18.95' LOT 2 BOUNDARY / N11'28'00 "E <- O )c 16.99' 0 -I N0112'OO'W ' 22.93' - - ,. (/01. 5 c cP / ( Q '19 '-.--, -- - \ - /A co 41 \ \ 'L tJ \ - t# (Tb EXISTING GENERAL UTILITY & \J ACCESS EASEMENT GR4NTEO PER MAP NO. 15731 REC. 11-15-06 AS DOC. NO. 2006-0813909 O.R. QEXISTING ACCESS EASEMENT'o. 95 P, -56 0 RESIDENTIAL UNIT HORIZONTAL BOUNDARY PLAN CONDOMINIUM PLAN HUNSAKER &ASSOCJA TES SAN DIEGO, INC. N SO1 Tt)1ui LA COSTA GREENS PLANNING — ENGINEER/NC - SURVE)ING LI f'rf%,M AT LA 17 I V 9707 WAPLES STREET - SAN DIEGO, CA 92721 EIGHBORHOOD i In (858) 558-4500 - FAX (858) 556-1414 IV I 1. J R:\O51O\&M7p\ondo\CP SHT 00.dwg[3Jon-19-2009:12:J6 W.O. 2301-15 I I LI I I I [1 I I I I I I I I I SEE SHEET NO. LC -r 036 L9,00R / 30 LI'I Cl II ' i -.---i r• L1 _..J 1 'j LAJ J JJ Ii 00 ---- .-1---T — I I I M2940'00"E 1 I 12-00" 486i P czo 7 N60'1 1'30 7.55.00 - TRONA WAY LOT 3 BOUNDARY—" LOT 2 BOUNDARY I N60'1 1.30"W 97.00' \ -.. I I 1~ SHEET 11 OF 13 SHEETS N804,0'OO"E N6546'00"W 16.06 12.50' .- N60'1 1 'JO"W 69.00' "H .' 35 6.6 I i 1 I I L I SEE SHEET NO 'I 30' N6600'00E- I 10.00' I N5058'00T I 15.00' N263 6'J 0 I 7.84 •- , I I II II t 'it cr2 I I I I L~ I Ii I I - 1, / ----- LJF Lo I I cj tt,5 I L_ N L -o :'---1b:z:, (N 0 I f6fJ'O9 '06 'W / N2940'00'E 24.15' N84'11'24"E 9.00 20.14 -r--------I ®EXISTING GENERAL UTILITY & ACCESS EASEMENT GRANTED PER MAP NO, 15731 SEE SHEET NO. 12 FOR SEC77ON '4 -*A' EXISTING ACCESS EASEMENT REC. 11-15-06 AS DOC. NO. 2006-0813909 O.R. RESIDENTIAL UNIT HORIZONTAL BOUNDARY PLAN CONDOMINIUM PLAN HUNS14JCER &ASSOCIA TES SAWDLEGO, INC S Q 1 TERRA A T LA COSTA GREENS 'S -•PLANNING - ENGINEER/MG - SURVE1NG L. I I1I1,M ,'1 1 t, I/I L7f I V :\ 9707 WAPLES STREET - SAN DIEGO, (Z4 92721 NEIGHBORHOOD i (858) 558-4500 - FAX (858) 558-7414 IVLI'.J l• .I R.\0570\&M7p\Condo\CPSHTOO.dwg[jfon-19-2009:12:36 W.O. 2307-15 I I SHEET 12 OF 13 SHEETS I I I I I I I I I I I I I COMMON AREA RESIDENTIAL RESIDENTIAL RESIDENTIAL RESIDENTIAL UNIT UNIT UNIT UNIT ELEV. 365' MSL I FINISH FLOOR V. MSL 0 44 0 COMMON AREA z 0 I I I I I SECTION "A"-"A" NO SCALE CONDOMINIUM PLAN SQL TERRA AT LA COSTA GREENS NEIGHBORHOOD 1.3 1r HUNSAKER & ASSOCIA TES SAJ'1 DIEGO, INC. PLANNING ENGINEERING - SURVEVING 9707 WAPLES sm'Eu - sw DIEGO, C4 92721 (858) 558-4500 - FAX (858) 558-1414 R\0510\&&lop\Condo\CP 5)11 004w9()Jon- 79-2009:12:36 W.0. 2301-15 H I SHEET 1.3 OF 13 SHEETS I I ELEVATIONS RESIDEN1]AL UNIT NO. FINISHED FLOOR ELEVATION 1 307,37 2 308,67 3 309,97 4 310.87 5 311.37 6 311.97 7 312.37 8 313.27 9 314.17 10 314.77 11 318.27 12 319,17 13 319.87 14 320.27 15 320.67 16 321.07 17 321.57 18 321.37 19 321.07 20 320.77 21 320.77 22 320.57 23 320.77 24 321,27 25 321.57 26 321.97 27 322.37 28 322.77 29 323.17 30 323.77 31 323.77 32 324.97 33 324.37 34 323.87 35 323.57 36 312.57 37 311.17 38 310.07 I I CONDOMINIUM PLAN HUNSAKER& ASSOCIATES SAN DIEGO, INC. S 0! TERRA A T LA COSTA GREENS PLANNING - ENGINEERING - SURVE'iINC L. I 11 P1! 1, /1 11 !V 9707 WAKES STREET - SAN DIEGO, C4 92121 NEIGHAIL7G/9oRHoOD i (858) 558-4500 - FAX (858) 558-1414 BORHOOD I • R:\050\&Mop\Condo\CP SHT 00.dw9(JJon-19-2009:12:36 W.0. 2301-15 I I i I I I I I I I I L 1 I I I I I I I I I I I I I I I I I EXHIBIT 5 ASSESSOR'S PARCEL MAPS I I mm - mm - - - - - - - mm - mm - 1 09 S so 10 con $$(S iiP 1 213-11 s A SHT1OF3 400' &— 0/120O7 ED SEE CEEM. - ISHT I SHT 1 $I1T 1 .1 —7JI I oe ( 2. AC 15 7k.0 CL - £ .. SlIT 4 a 07 115.79 AC UE.J':L 1% = 200' 54 A j 'It ft I PU0U TRAIL EASEM tT 2' AUCAt41E RD 34 iEL'I 44 OUftRTZ *AY 54 OPEN PACE E' LERDPOtiTAN ST 74 $SE ADI1• PAGE OP eEAFJM go UD ACCESS / ® I REUAIhM or LOT Is H0WN 014 IL PCt1SlT2 A tt 27 ETh;'j'Y qP7. .114T 1I.O AC , alp \ 12 J Ac I1T 2 - MAP 1454.3— CARLSBAD itT NO 99-03 LA COSTA GREENS ii JAC 6715 SHT1 OL7 - - - - - - - - - = - - - _ - - - _ s mm mew MsEmb ow = 1Oo I- OPEN WAGE 2* MWD $ / LA COSTA GREENS - N110 1.3 I I 2 a I I I I I li I I I I I I 1 I I I I EXHIBIT 6 AMENDED ASSESSMENT DIAGRAM I I - - - - - - - - - - - - - m - - - - - SHEET IOFI AMENDED ASSESSMENT DIAGRAM OF ASSESSMENT DISTRICT NO. 2002-01 (POINSETTIA LANE EAST) CITY OF CARLSBAD COUNTY OF SAN DIEGO STATE OF CALIFORNIA AMENDING ASSESSMENT NUMBER 22-3-1 A LEGEND APPORTIONMENT BOUNDARY MAP REFERENCE NUMBER PREVIOUS MAP REFERENCE NUMBER CITY CLERK'S CERTIFICATE FILED IN THE OFFICE OF THE cy CLERK OF THE CITY OF CARLSBAD, THIS DAY OF .2010. CITY CLERK CITY OF CARLSBAD RECORDED IN THE OFFICE OF THE SUPERINTENDENT OF STREETS, CITY OF CARLSBAD, THIS DAY OF -2010. SUPERINTENDENT OF STREETS CITY OF CARLSBAD THIS AMENDED ASSESSMENT DIAGRAM AMENDS THE ASSESSMENT DIAGRAM OF ASSESSMENT DISTRICT NO. 2002.01. CITY OF CARLSBAD, COUNTY OF SAN DIEGO. STATE OF CALIFORNIA, PRIOR RECORDED THE 5TH DAY OF MAY, 2000. IN BOOK 28 OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS AT PAGE 87, DOCUMENT NUMBER 2004.0404503 IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. - FILED THIS GAY OF .2010. AT THE HOUR CF OCLOCK_.M.. IN BOOK OP MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS AT PAGE(S) AT THE REQUEST OF THE CITY OF CARLSBAD IN THE OFFICE OFTHE COUNTY RECORDER OF THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. FEE INSTRUMENT. NO.:_______________________ GREGORY J. SMITH. COUNTY RECORDER BY DEPUTY, COUNTY RECORDER COUNTY OF SAN DIEGO NOit FOR PARTICULARS OF THE LINES AND DIMENSIONS OF ASSESSORS PARCELS. REFERENCE IS MADE TO THE MAPS OF THE SAN DEIGO COUNTY ASSESSOR OF SAN DIEGO COUNTY RECORDS WHICH MAPS SHALL GOVERN FOR ALL DETAILS RELATING THERETO. REFERENCE: TRACT CT 07.05 DOCUMENT NUMBER 2008.0626075 CONDOMINIUM PLAN DOCUMENT NUMBER 2009.0129897 VICINITY MAP - N.T.S. PREVIOUS AS SE $5 MEN IS 'yo':TI RAP 8000. AMENDED ASSESSMENTS A/WI LLDAN L!!J Financial Services 2m 518 MEtN, Bllli 110 T.M,CAESS0 5013575500 Phone 051.U735I0 Fax 3208094-13 JANUARY 2010 I I 1 I I I 1 1 I I I I 1 I I I I EXHIBIT 7 NOTICE TO BONDHOLDER H I I Li CERTIFIED MAIL Dated: January 19, 2010 Stone and Youngberg Attn: Bill Huck 4350 La Jolla Village Drive, Suite 140 San Diego, CA 92122 NOTICE To BOND HOLDER DIVISION OF LAND AND ASSESSMENT NOTICE IS HEREBY GIVEN to you as the original purchaser of the bonds issued by the City of Carlsbad to represent the unpaid assessments relating to the construction of certain public improvements in an assessment district known and designated as: Assessment District No. 2002-01 (Poinsettia Lane East). Said bonds were issued pursuant to the terms and provisions of the "Improvement Bond Act of 1915", Division 10 of the Streets and Highways Code of the State of California. NOTICE IS HEREBY GIVEN that an apportionment has been made by the property owner of an assessment relating to the assessments and parcels as indicated by the enclosed report. NOTICE IS HEREBY GIVEN that unless a request for a public hearing is received within fourteen (14) days from the date of this Notice, the above-apportioned assessments shall be recorded in the manner and form as required by law. If you have any further questions, please contact the undersigned at the Office of the Director of Public Works/City Engineer at the following address: Mr. Marshall Plantz Jenifer Storsteen Senior Civil Engineer Willdan Financial Services City of Carlsbad 27368 Via Industria, Suite 110 1635 Faraday Avenue Temecula, CA 92590 Carlsbad, CA 92008 (951) 587-3500 This procedure is pursuant to the provisions of Part 10.5 of Division 10 of the Streets and Highways Code of the State of California and the "Improvement Bond Act of 1915". Willdan Financial Services On behalf of the City of Carlsbad Jenifer Storsteen, Analyst District Administration Services 1 I I I I I I I I I I 1 I I I 1 I I I I I I I I I I I I I I ri I I I EXHIBIT 8 NOTICE OF AMENDED ASSESSMENT I I I I RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 NOTICE OF AMENDED ASSESSMENT CITY OF CARLSBAD ASSESSMENT DISTRICT NO. 2002-01 (POINSETTIA LANE EAST) AMENDING ASSESSMENT NO. 22-3-1 (CARLSBAD TRACT MAP CT 07-05) Pursuant to the requirements of Section 3114 of the Streets and Highways Code of California, the undersigned City Clerk of the City of Carlsbad, County of San Diego, State of California, hereby gives notice that an amended assessment diagram and assessment were recorded in the office of the Superintendent of Streets of the City of Carlsbad, as provided for in said Section, and relating to the real property more particularly described on that certain amended assessment diagram filed in accordance with said Section on 200_ in Book of Maps of Assessment and Community Facilities Districts at Page ________ in the office of the Recorder of the County of San Diego as document number Said amended assessment diagram amends the assessment diagram "Assessment District No. 2002-01 (Poinsettia Lane East)" filed the 5th day of May, 2004 in the office of said County Recorder in Book 38, Page 37 of Maps of Assessment and Community Facilities Districts as document number 2004-0404503. Reference is made to the amended assessment diagram and assessment roll recorded in the office of said Director of Public Works (Superintendent of Streets) of the Carlsbad for the amount of each of the amended assessments. Exhibit "A" hereto attached, and by this reference incorporated herein, shows the parcels subject to the amended assessments. DATED: 200 City Clerk City of Carlsbad County of San Diego State of California I I I I I I I I I I I I I Li I I I EXHIBIT A AMENDED ASSESSMENT ROLL ASSESSMENT DISTRICT 2002-01 (POINSETTIA LANE EAST) CARLSBAD TRACT CT 07-05 DATE CITY OF CARLSBAD January 13, 2010 SAN DIEGO COUNTY PREVIOUS ASSESSMENTS ASSESSMENT ASSESSOR'S PARCEL OWNER OF NO. PARCEL NO. DESCRIPTION RECORD 22-3-2 213-110-18 PARCEL MAP 20174, PARCEL 4 L C GREENS 1.3 L L C AMENDED ASSESSMENTS ASSESSMENT ASSESSOR'S PARCEL OWNER OF NO. PARCEL NO. DESCRIPTION RECORD 22-3-2-1 UNASSIGNED CARLSBAD TRACT CT 07-05, LOT 1, UNIT 1 L C GREENS 1.3 L L C 22-3-2-2 UNASSIGNED CARLSBAD TRACT CT 07-05, LOT 1, UNIT 2 L C GREENS 1.3 L L C 22-3-2-3 UNASSIGNED CARLSBAD TRACT CT 07-05, LOT 1, UNIT 3 L C GREENS 1.3 L L C 22-3-2-4 UNASSIGNED CARLSBAD TRACT CT 07-05, LOT 1, UNIT 4 L C GREENS 1.3 L L C 22-3-2-5 UNASSIGNED CARLSBAD TRACT CT 07-05, LOT 1, UNIT 5 L C GREENS 1.3 L L C 22-3-2-6 UNASSIGNED CARLSBAD TRACT CT 07-05, LOT 1, UNIT 6 L C GREENS 1.3 L L C 22-3-2-7 UNASSIGNED CARLSBAD TRACT CT 07-05, LOT 1, UNIT 7 L C GREENS 1.3 L L C 22-3-2-8 UNASSIGNED CARLSBAD TRACT CT 07-05, LOT 1, UNIT 8 L C GREENS 1.3 L L C 22-3-2-9 UNASSIGNED CARLSBAD TRACT CT 07-05, LOT 1, UNIT 9 L C GREENS 1.3 L L C 22-3-2-10 UNASSIGNED CARLSBAD TRACT CT 07-05, LOT 1, UNIT 10 L C GREENS 1.3 L L C 22-3-2-11 UNASSIGNED CARLSBAD TRACT CT 07-05, LOT 1, UNIT 11 L C GREENS 1.3 L L C 22-3-2-12 UNASSIGNED CARLSBAD TRACT CT 07-05, LOT 1, UNIT 12 L C GREENS 1.3 L L C 22-3-2-13 UNASSIGNED CARLSBAD TRACT CT 07-05, LOT 1, UNIT 13 L C GREENS 1.3 L L C 22-3-2-14 UNASSIGNED CARLSBAD TRACT CT 07-05, LOT 1, UNIT 14 L C GREENS 1.3 L L C 22-3-2-15 UNASSIGNED CARLSBAD TRACT CT 07-05, LOT 1, UNIT 15 L C GREENS 1.3 L L C 22-3-2-16 UNASSIGNED CARLSBAD TRACT CT 07-05, LOT 1, UNIT 16 L C GREENS 1.3 L L C 22-3-2-17 UNASSIGNED CARLSBAD TRACT CT 07-05, LOT 1, UNIT 17 L C GREENS 1.3 L L C 22-3-2-18 UNASSIGNED CARLSBAD TRACT CT 07-05, LOT 2, UNIT 18 L C GREENS 1.3 L L C 22-3-2-19 UNASSIGNED CARLSBAD TRACT CT 07-05, LOT 2, UNIT 19 L C GREENS 1.3 L L C 22-3-2-20 UNASSIGNED CARLSBAD TRACT CT 07-05, LOT 2, UNIT 20 L C GREENS 1.3 L L C 22-3-2-21 UNASSIGNED CARLSBAD TRACT CT 07-05, LOT 2, UNIT 21 L C GREENS 1.3 L L C 22-3-2-22 UNASSIGNED CARLSBAD TRACT CT 07-05, LOT 2, UNIT 22 L C GREENS 1.3 L L C 22-3-2-23 UNASSIGNED CARLSBAD TRACT CT 07-05, LOT 2, UNIT 23 L C GREENS 1.3 L L C 22-3-2-24 UNASSIGNED CARLSBAD TRACT CT 07-05, LOT 2, UNIT 24 L C GREENS 1.3 L L C 22-3-2-25 UNASSIGNED CARLSBAD TRACT CT 07-05, LOT 2, UNIT 25 L C GREENS 1.3 L L C 22-3-2-26 UNASSIGNED CARLSBAD TRACT CT 07-05, LOT 2, UNIT 26 L C GREENS 1.3 L L C 22-3-2-27 UNASSIGNED CARLSBAD TRACT CT 07-05, LOT 2, UNIT 27 L C GREENS 1.3 L L C 22-3-2-28 UNASSIGNED CARLSBAD TRACT CT 07-05, LOT 2, UNIT 28 L C GREENS 1.3 L L C 22-3-2-29 UNASSIGNED CARLSBAD TRACT CT 07-05, LOT 2, UNIT 29 L C GREENS 1.3 L L C 22-3-2-30 UNASSIGNED CARLSBAD TRACT CT 07-05, LOT 2, UNIT 30 L C GREENS 1.3 L L C 22-3-2-31 UNASSIGNED CARLSBAD TRACT CT 07-05, LOT 2, UNIT 31 L C GREENS 1.3 L L C 22-3-2-32 UNASSIGNED CARLSBAD TRACT CT 07-05, LOT 3, UNIT 32 L C GREENS 1.3 L L C 22-3-2-33 UNASSIGNED CARLSBAD TRACT CT 07-05, LOT 3, UNIT 33 L C GREENS 1.3 L L C 22-3-2-34 UNASSIGNED CARLSBAD TRACT CT 07-05, LOT 3, UNIT 34 L C GREENS 1.3 L L C 22-3-2-35 UNASSIGNED CARLSBAD TRACT CT 07-05, LOT 3, UNIT 35 L C GREENS 1.3 L L C 22-3-2-36 UNASSIGNED CARLSBAD TRACT CT 07-05, LOT 4, UNIT 36 L C GREENS 1.3 L L C 22-3-2-37 UNASSIGNED CARLSBAD TRACT CT 07-05, LOT 4, UNIT 37 L C GREENS 1.3 L L C 22-3-2-38 UNASSIGNED CARLSBAD TRACT CT 07-05, LOT 4, UNIT 38 L C GREENS 1.3 L L C I I Prepared by Willdan Financial Services Page 1 of 1 I I I I I I I I I I I I I I I I I I I CITY OF CARLSBAD APPORTIONMENT AND AMENDED ASSESSMENT REPORT ASSESSMENT DISTRICT No. 2002-01, (POINSETTIA LANE EAST) AMENDING ASSESSMENT NUMBERS 34-1-1 AND 34-1-3 I CARLSBAD TRACT CT 05-05 - SEPTEMBER 2009 I I 1- I I I AWILLDAN Financial Services I Corporate Office: Regional Office Locations: 27368 Via Industria Lancaster, CA Phoenix, AZ I Suite 110 Oakland, CA Orlando, FL Temecula, CA 92590 Sacramento, CA Memphis, TN ( Tel: (951) 587-3500 Tel: (800) 755-MUNI (6864) Fax: (951) 587-3510 I I TABLE OF CONTENTS I 1 APPLICATION FOR APPORTIONMENT .................... . .............................. EXHIBIT I METHODOF SPREAD..............................................................................EXHIBIT 2 I REVISED SPREAD AMENDING ASSESSMENTS...................................EXHIBIT 3 TRACT CT 05-05 AND CONDO PLAN.....................................................EXHIBIT 4 ASSESSORS PARCEL MAPS..................................................................EXHIBIT 5 AMENDED ASSESSMENT DIAGRAM.....................................................EXHIBIT 6 NOTICE TO BONDHOLDER.....................................................................EXHIBIT 7 NOTICE OF AMENDED ASSESSMENT ........... . ........................................ EXHIBIT 8 I I I I I I I I I F] I EXHIBIT I APPLICATION FOR APPORTIONMENT 1 I I I CITY OF CARLSBAD Please complete the application in full. Refer to the attached instructions for assistance. Return completed form to: CITY OF CARLSBAD Development Services Engineering Counter 1635 Faraday Avenue Carlbsad, CA 92008 1(oya C/f I0C (qci) 4/— I?Z- Phone Number I 33(O k(c41-d V(I? SfreeMddress 7 I Assessment Di-st,ict Name and Number I U - 1Wtx1i1 JvJ L. i.1f Project Description Call the NBS Government Finance Group at (800) 6767516 for DIstrict and/or Project Information OriginalAPN(s) Legal Descrjption Original Assessment Amount(s) Purpose (Please check one): \ Subdivision Map No: Parcel map No.: Lot Line Adjustment No.: Parcel Map Waiver W. Number of new parcels: p Apportionment (Sot more parls) per 2, Section 65426 of the. Subdivision Map Act: The undersigned, being the owner or. Interested party In propertyas set forth below, hereby requests the City of Caribsad to apportion the amount remaining unpaid on the above assessment(s) in accordance with the provisions of -Part 10$ of the "Improvement Bond Act çf 115' or Part 5, Chapter 5.5 of the "Improvement Act of 1911," and said assessment is to be apportioned to each separate part of the original lot or parcel of land, the apportionate part of the amountremaining unpaid on the assessment-that would have been levied thereon had the lot or parcel been so divided at th ef'ne original-confIrmatIon or assessment. Applicant's Date IMPORTANTf'TWO COPIES OF THE FINAL MAP ORADJUSTMENT PLAT (18'.x 26" BLUELINE & 8 1/2" xli" I REDUCTION) MUST BE PROVIDED TO BE USED AS THE BASIS FOR THE AMENDED ASSESSMENT DIAGRAM. I H:/DEVELOPMENT SER VICES/MASTERS/F ORMS/APPIICATIONS/APPLICATION FOR ASSESSMENT APPORTIONMENT (In Excel) REVISED 3/02 I I I I i I 1 I EXHIBIT 2 1 METHOD OF SPREAD i I a I City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 10 EXHIBIT A METHOD AND FORMULA OF ASSESSMENT SPREAD Since the improvements are to be funded by the levying of assessments, the Assessment Law requires that assessments be based on the special benefit that the properties receive from the improvements. In addition, the Assessment Law provides that a parcels assessment may not exceed the reasonable cost of the proportional special benefit conferred on that parcel. Further, only special benefits are assessable and the local agency levying the assessment must separate the general benefits from the special benefits. All publicly owned property must be assessed if it specially benefits from the improvements. The Assessment Law does not specify the method or formula that should be used to apportion the costs to properties in any special assessment district proceedings. The responsibility for recommending an apportionment of the costs to properties, which specially benefit from the improvements rests with the Assessment Engineer, who is appointed for the purpose of making an analysis of the facts and determining the correct apportionment of the assessment obligation. In order to apportion the assessments to each parcel in direct proportion with the special benefit which it will receive from the improvements, an in-depth analysis has been completed and is used as the basis for apportioning costs to each property within the Assessment District as explained below. Based upon an analysis of the special benefit to be received by each parcel from the improvements, the Assessment Engineer recommends the apportionment of costs as outlined herein. The final, authority and action rests with the City Council after hearing all testimony and evidence presented at a public hearing, and the tabulation of the assessment ballots previously mailed to all record owners of property within the Assessment District. Upon the conclusion of the public hearing, the City Council must make the final determination whether or not the assessment spread has been made in direct proportion to the special benefits to be received by each parcel within the Assessment District. Assessment ballot tabulation will be finalized at that time and, if a majority of the assessment ballots received prior to the close of the public hearing weighted by assessment amount are not opposed to the levy of the assessments, then the City Council may confirm the levy of the assessments. The following sections define and explain the special benefits and general benefits, and set forth the methodology used to apportion the costs of the improvements providing special benefits to each parcel, and confirm that the assessments are reasonable and justified. The Method of Apportionment The Assessment District improvements have been assigned into six benefit components; roadway, potable water, recycled water, sewer, dry utilities and 1 Prepared by Galen N. Peterson March 29, 2004 City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 11 . incidental expenses. Roadway improvement costs are spread on vehicle average I daily trip (ADT) generation. Potable water, sewer and dry utility costs are spread on an equivalent dwelling unit (EDU) basis. Recycled water costs are spread to the roadway and specific parcels based on the amount of recycled water used for I the irrigation of each roadway and specific parcel. The incidental expenses have been based on either the actual cost to each component of the improvements or if the incidental costs apply to all such components then to the prorated construction I cost of each such component. Because some of the assessor parcel boundaries do not coincide with the Village I Planning Areas or Neighborhoods, some initial assessments will be placed in aggregate on multiple assessor parcels until final maps are recorded and the new assessor parcels coincide with the Village Planning Areas or Neighborhoods as rn applicable. The procedure of identifying and apportioning special benefit to the land uses and parcels has been organized as follows: Identification of Benefit Components - A-i Backbone Roadway Improvement Components A-2 Backbone Potable Water and Sewer Improvement Components - A-3 Backbone Recycled Water Improvement Components A-4 Backbone Dry Utilities Improvement Components I A-5 Incidental Expenses Components Special Benefits General Benefits Proportioning Special Benefits 0-1 Land Use Categories D-2 Proportionate Special Benefit of Roadway Improvements 0-3 Proportionate Special Benefit of Utility Improvements 1 D-4 Proportioning Formation, Issuance and Financing Costs P I Prepared by Galen N. Peterson March 29, 2004 City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 12 I E. Proclamations I E-i Assessments Equal to or Less Than the Proportional Special Benefits E-2 Reasonableness and Justification of Assessments E-3 Future Apportionment A. IDENTIFICATION OF BENEFIT COMPONENTS I . The improvements to be acquired or constructed by the City from the proceeds of bonds issued for each benefit area of the Assessment District are necessary for development of the Assessment District parcels and are required by the Villages of La Costa (The Greens) and by the Bressi Ranch Master Plans and the .I conditions of development as set forth in the land use entitlements approved by the City for each benefit area. Without the improvements, the parcels within I the Assessment District cannot be developed to their planned ultimate uses pursuant to such land use entitlements. I It is unfeasible and impractical for the parcels to be utilized to their highest and best use without the backbone roadways and utilities that will be funded by the Assessment Distriát. A-I Backbone Roadway Improvement Components The foremost purpose of the Assessment District is to provide financing for the I backbone road access so the Assessment District parcels can be developed. The most significant and costly improvement is the work associated with the road construction. The road construction has created the I need to relocate sewer mains and utilities, re-establish habitat areas, and install landscaping to protect the roadway slopes. The road construction has also created the need to construct storm drains to protect the roadway and to I relocate other facilities and provide mitigation areas that would not have otherwise been necessary if the road was not constructed. The road and I associated costs have been placed into one roadway improvement component for the purpose of defining the roadway costs and apportioning special benefit. A percentage of the cost of the backbone recycled water distribution system has been spread in the same manner as the roadway expenses. This portion of the recycled water system improvements will provide an irrigation water system for the roadway landscaping. The roadway improvement component includes: Poinsettia Lane, El Fuerte, El Camino Real, relocation of utilities, establishment of habitat mitigation areas, and a portion of the recycled water system to serve the roadway landscaping. 1 Prepared by Galen N. Peterson March 29, 2004 I I LT I I P City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 13 A-2 Backbone Potable Water and Sewer Improvement Components Coincidental to the roadway improvements is the necessity to construct certain backbone utility improvements within the roadway right of way concurrently with construction of the roadway improvements. These improvements confer a different special benefit to the properties than the special benefit conferred by the roadway improvements. Therefore potable water and sewer (other than relocated facilities for the roadway costs) have been separated into wet utility components for purposes of defining special benefits and allocating the costs of such components. A-3 Backbone Recycled Water Improvement Components Coincidental to the roadway improvements is the necessity to construct certain backbone recycled water improvements within the roadway right of way concurrently with construction of the roadway improvements. A percentage of these improvements confer a different special benefit to the properties than the special benefit conferred by the roadway improvements based on where the recycled water will be used. The recycled water facilities have been separated into a separate component for purposes of defining special benefits and allocating the costs of such components. A-4 Backbone Dry Utilities Improvement Components Coincidental to the roadway improvements is the necessity to construct certain backbone dry utility improvements within the roadway right of way concurrently with construction of the roadway improvements. These improvements confer a different special benefit to the properties than the special benefit conferred by the roadway improvements. Therefore the dry utilities have been separated into a separate component for purposes of defining special benefits and allocating the costs of such components. A -5 Incidental Expense Components In addition to the improvement costs, there are incidental construction administration and Assessment District formation expenses. These costs include, but are not limited to: construction administration, construction supervision, design, testing, surveying, assessment engineering, audit of acquisition costs, financial advisors, appraisals, bond counsel, underwriting, official statement printing, financing cost and establishment of a bond reserve fund. The costs of the formation of the Assessment District, including the costs of issuance, have been determined to be eligible for inclusion and are included in the Assessment District incidental costs. Some of these costs can be assigned directly to one of the benefit components as shown in Appendix "E". Other costs that cannot be assigned directly to one of the benefit I I I I. I I I Prepared by Galen N. Peterson March 29, 2004 City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 14 components have been prorated to each assessment number in accordance .1 with that assessment number's share of the construction cost. B. SPECIAL BENEFITS I The purpose of this Assessment District is to fund the construction and - acquisition of public improvements required to serve the Assessment District I parcels. Special benefit is received by each parcel within the boundaries of the Assessment District from new roadway access and the availability of utility services that are required and necessary for the properties to develop to their highest and best use in accordance with and as permitted by the approved land use I entitlements. I : The improvements to be constructed and/or acquired by the District accommodate the planned development within the Assessment District area in accordance with the approved land use entitlements. The Villages of La Costa (The I Greens) and the. Bressi Ranch Specific Plan environmental documents and the. Tentative Map identify the need for access and utilities, and place conditions upon the parcels within the Assessment District to provide those improvements. I The Assessment District Improvements satisfy the conditions of development by providing access and backbone utilities so the projects can support their planned uses. Without the improvements, the parcels within the Assessment District could not be developed to their planned and conditionally approved uses. The special benefit conferred on the parcels within the Assessment District from ' the proposed improvements include: increased development potential, relief from access constraints, improved accessibility to utilities, fulfillment of development conditions and ensured investment returns. The special benefit to each parcel is I such that the parcels will be allowed to gain access to a public street network and have water, sewer, recycled water and dry utilities readily available, thereby allowing them to develop to their highest potential. ISpecial benefit accrues to each parcel to be subdivided and served by the improvements to be constructed. Since some of the areas within the Assessment I District have not been subdivided into individual lots at this time, the assessments will be placed in aggregate on one or more existing assessor parcels and apportionment of the assessments will take place as final maps record. I C. GENERAL BENEFITS I Some public improvements will confer general benefit to properties or the public at large outside the Assessment District. In making an analysis, a review was conducted of the surrounding areas. The review resulted in identifying general 1 benefits that accrued to properties outside the Assessment District. P I Prepared by Galen N. Peterson March 29, 2004 City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 15 Poinsettia Lane is designated as a prime arterial roadway. Previously, Poinsettia I Lane did not exist east of El Camino Real. Four lanes are proposed to be constructed. Two lanes are required to serve the estimated volume of traffic generated by the Assessment District parcels. Two center lanes (one in each I direction) are required for through traffic originating outside of the Assessment District. The costs associated with the construction and placement of the asphalt and base for the two center lanes have been determined to be a general I benefit and will not be assessed to parcels within the Assessment District. El Fuerte Street is designated as a secondary arterial roadway and will be I constructed from Palomar Airport Road south to connect to the existing terminus of El Fuerte Street at the southerly boundary of Bressi Ranch. Four lanes are proposed to be constructed. Two lanes are required to serve the estimated I volume of traffic generated by the Assessment District parcels. Two center lanes (one in each direction) are required for through traffic originating outside of the Assessment District. The costs associated with the construction and I placement of the asphalt and base for the two center lanes have been determined to be a general benefit and will not be assessed to parcels within the Assessment District. I Based on the estimated roadway construction costs, the cost of the roadway base and asphalt pavement to provide the two center lanes for both Poinsettia Lane and El Fuerte Street is approximately $968,360. The grading beneath the two center lanes of each roadway benefits the Assessment District because it provides lateral support to the Assessment District paved lanes. This I grading can not be eliminated from the overall roadway grading without constructing retaining walls that would unreasonably increase the Assessment District cost. Therefore all of the Poinsettia Lane and El Fuerte Street grading I provides special benefit to the Assessment District Properties, D. PROPORTIONING SPECIAL BENEFITS I D-1 Land Use Categories I The following land use categories are included in the Assessment District: planned industrial, business park, community retail, office, single-family detached and single-family attached residential, apartments (affordable I housing), assisted living, daycare center, boys and girls club, church, school, home owners association recreation areas, park and open space. I 1 P I Except for the irrigated areas in Assessment Numbers 17 and 39 (Village Green OS-2 and open space lot 34), the non-active and undeveloped open space areas do not receive special benefit from the works of improvements and will not be assessed. Open space areas are those areas that are deeded or perpetually designated in easements. Prepared by Galen N. Peterson March 29, 2004 City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 16 D-2 Proportionate Special Benefit of Roadway Improvements I Trip Generation Factors for Roadway Improvements I The use of and need for roadway improvements is a function of the number of vehicle trips per day generated by the use of the land served by the streets. Traffic engineers have developed traffic I generation factors, which are related to development density and type of land use. Therefore, trip generation is an appropriate basis for apportioning roadway improvements and related costs among the I specially benefited parcels. The trip generation factors will be estimated from the July 1998, SANDAG Trip Generation Manual and weighted as explained below. I SANDAG categorizes trips as primary, diverted and pass-by. This analysis uses only the primary trip percentages for the non-residential I land use categories to avoid double counting of the residential trips. Single Family Detached Trip Generation ' The Average Daily Trips (ADT) per detached single-family dwelling is 10 ADT. The Assessment District single-family dwelling product types are similar to the SANDAG study areas. a Single Family Attached Trip Generation The Average Daily Trips per attached dwelling unit or for a condominium I unit is 8 ADT. Affordable Housing (Bressi Ranch) Trip Generation I The Average Daily Trips for each affordable housing unit, based on the formula in footnote R of the 1998 SANDAG Trip Generation Manual, is 6.4ADT (-2.169 Ln(100 units/5.13 ac) + 12.85). I Apartment Affordable Housing (Greens) Trip Generation The Average Daily Trips for each affordable housing unit, based on the 1 1998 SANDAG Trip Generation Manual for apartments, is 6 ADT. Assisted Living Trip Generation I The Average Daily Trips for each assisted living room, based on 1998 SANDAG Trip Generation Manual for congregate care facility, is 2 ADT. I Industrial Trip Generation The Average Daily Trips for industrial park is 80 ADT per net acre. The primary trip percentage for industrial park is 79%. I Prepared by Galen N. Peterson March 29, 2004 City of Carlsbad -Assessment District No. 2002-01 (Poinsettia Lane East) Page 17 Community Retail Trip Generation I The Average Daily Trips for commercial shops - specialty retail/strip commercial is 40 ADT per 1,000 square feet. The primary trip percentage for this land use is 45%. I Office Trip Generation The Average Daily Trips for corporate headquarters office is 7 ADT per I 1,000 square feet. The primary trip percentage for this land use is 82%. School Trip Generation I The The Average Daily Trips for an elementary school is 60 ADT per net acre. trip for an elementary school site is 57%. primary percentage I Church Trip Generation The Average Daily Trips for a church is 30 ADT per net acre. The primary trip percentage for a church site is 64%. I Day Care Trip Generation The Average Daily Trips rates for day care use is 80 ADT per 1,000 square feet. The Floor Area Ratio for the day care sites is estimated at I 0.1 of building per net land area. Therefore, the 80 ADT per 1,000 square feet is equivalent to approximately 348 ADT per net acre (80 • times 43,560/1,000 times 0.1). The primary trip percentage for a day care is 28%. I Boys & Girls Club Trip Generation The Average Daily Trips for a multi-purpose recreational facility is 90 ADT per net acre. The primary trip percentage for this land use is 52%. Home Owners Association Recreation Areas Trio Generation The Average Daily Trips generation for the home owner's association (HOA) recreation areas, which is equivalent to a neighborhood park, is 5 ADT per net acre. In order to avoid double counting the residential trips, the primary trip percentage used for external trips is 25%. The HOA lots 47, 48 and 49 within Benefit Area No. 2 were assigned 10, 2.8 and 1.9 ADT per site, respectively. The three HOA areas in Planning Areas 9, 10 and 12 and the Village Green area (OS-2) within Benefit Area No. I were assigned 13.9 ADT. The Village Square area in Planning Area 15 within Benefit Area No. I was assigned 2.5 ADT. I I 'I Park Trip Generation The Average Daily Trips generation for a regional park is 20 ADT per net acre. The primary trip percentage for a regional park is 66%. I Prepared by Galen N. Peterson March 29, 2004 I rj F, I City of Carlsbad -Assessment District No. 2002-01 (Poinsettia Lane East) Page 18 Weighted Benefit by Land Use for Roadway Improvements The geographic concentration and placement of major land uses (residential, commercial retail and office, and industrial) within the Assessment District boundaries indicates that their impact on, hence their special benefits from, the roadway improvements are not uniform and should be weighted. The results of a study performed by Urban Systems, Inc. shown at the end of Appendix "F" indicates that the relative weighting for industrial and commercial land use compared to residential land uses on each roadway improvements is as follows: Road Relative Benefit Industrial Commercial Residential and Other Poinsettia Lane 0.4 0.7 1.0 El Fuerte 0.2 0.8 1.0 El Camino Real 0.6 0.5 1.0 These weights were applied to the ADT generation factors discussed above in order to arrive at an allocable share for each of the three roadway improvement costs. The costs for each of the roadway improvements were allocated only to the assessment numbers that specially benefit from such roadway improvements as set forth below: Poinsettia Lane - Poinsettia Lane roadway costs specially benefit all assessment numbers in the Assessment District. Therefore, Poinsettia Lane roadway costs were allocated to all assessment numbers based on the ADT generation factors and weighting applicable to Poinsettia Lane. 1• I I [1 1-1 I N I I I I El Fuerte - El Fuerte roadway costs specially benefit only assessment numbers 1 through 21. Therefore, El Fuerte roadway costs were allocated only to assessment numbers I through 21 based on the ADT generation factors and weighting applicable to El Fuerte. El Camino Real (Bressi Ranch portion) - El Camino Real (Bressi Ranch I portion) roadway costs specially benefit only assessment numbers 1 through 21. Therefore, El Camino Real (Bressi Ranch portion) roadway costs were I allocated only to assessment numbers I through 21 based on the ADT generation factors and weighting applicable to El Camino Real (Bressi Ranch ' portion). El Camino Real Real (Greens portion) - El Camino (Greens portion) roadway costs specially benefit only assessment numbers 22 through 39. I Prepared by Galen N. Peterson March 29, 2004 Land Use Potable Water and Sewer Usage Single Family Detached 550 gallons I day Single Family Attached 250 gallons / day Non Residential 2,300 gallons / 10,000 SF /day I I City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 19 Therefore, El Camino Real (Greens portion) roadway costs were allocated only to assessment numbers 22 through 39 based on the ADT generation I factors and weighting applicable to El Camino Real (Greens portion). I D-3 Proportionate Special Benefit of Utility Improvements The most pertinent and reasonable utility improvement special benefit I variable is average daily demand. The detached single family home will be the basic equivalence for measuring demand to other land use categories. Potable Water and Sewer I Water and sewer demand was obtained from the 2002 update of the City of Carlsbad Water Master Plan. A summary of the water and sewer usage is shown below: I I A single family detached unit has been assigned an equivalent dwelling unit (EDU) weight of 1.0 EDU. By converting the gallons per day to EDU we arrive at the following table: I I LI I I P Land Use Potable Water and Sewer EDU Single Family Detached 1.0 EDU / Unit Single Family Attached 0.5 EDU / Unit Non Residential 4.2 EDU /10,000 SF The City of Carlsbad Water Master Plan estimates water demand for park as 2.5 acre-foot per acre per year. This translates to 2,230 gallons per acre per day (2.5 x 43,560 x 7.48/365). Potable water demand for park is estimated as 10% of the demand for recycled water for irrigation, resulting in 0.4 EDU per acre (0.1 x 2,230/550) of parkland. I Prepared by Galen N. Peterson March 29, 2004 City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 20 Homeowner association (HOA) lots water usage was estimated based on the characteristics of the parcels and their expected land use. The HOA I lots 47, 48 and 49 within Benefit Area No. 2 were assigned 2.41, 2.08 and 1.43 EDU per site, respectively. The three HOA areas in Planning Areas 9, 10 and 12 and the Village Green area (OS-2) within Benefit I Area No. 1 were assigned 3.8 EDU. The Village Square area in Planning Area 15 Within Benefit Area No. 1 was assigned 1.0 EDU. I The Assessment Diagram identifies two benefit zones for sewer improvements. Sewer Zone A includes all of the Assessment District parcels 1 . that benefit from the sewer improvements. Sewer Zone B includes the remaining Assessment District parcels that do not benefit from the sewer improvements. I The water and sewer costs for new facilities (sewer relocation related to the construction of the road was allocated with the street costs) related I to each street segment were allocated only to the assessment numbers that specially benefit from such water and sewer costs as set forth below: 1 Poinsettia Lane Segment I - Poinsettia Lane Segment I water costs specially benefit only assessment numbers 22 through 39. Therefore, Poinsettia Lane Segment 1 water costs were allocated only to assessment numbers 22 through 39 based on the applicable EDU factors. I Poinsettia Lane Segment 2— Poinsettia Lane Segment 2 water costs specially benefit only assessment numbers 1 through 21. Therefore, Poinsettia Lane Segment 2 water costs were allocated only to assessment I numbers 1 through 21 based on the applicable EDU factors. El Fuerte - El Fuerte water costs specially benefit only assessment numbers I i through 21. Therefore, El Fuerte water costs were allocated only to assessment numbers I through 21 based on the applicable EDU factors. I El Camino Real (Bressi Ranch portion) - El Camino Real (Bressi Ranch portion) water costs specially benefit only assessment numbers 1 through 21. Therefore, El Camino Real (Bressi Ranch portion) water costs were I allocated only to assessment numbers I through 21 based on the applicable EDU factors. I I, El Camino Real (Greens portion) - El Camino Real (Greens portion) water costs specially benefit only assessment numbers 22 through 39. Therefore, El Camino Real (Greens portion) water costs were allocated only to assessment numbers 22 through 39 based on the applicable EDU factors. I Prepared by Galen N. Peterson March 29, 2004 I City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 21 Sewer costs benefit only assessment numbers in Sewer Zone A, as shown on the Assessment Diagram. Therefore, sewer costs for each road segment were allocated to the respective assessment numbers that the water was allocated to, but only to parcels within Sewer Zone A based on the applicable EDU factors. There was no assessment for sewer costs to the assessment numbers in Sewer Zone B, as shown on the Assessment Diagram. I I Summary of Special Benefit Factors Roadway Improvements Utilities Land Use Category Primary Trip Adjusted ADT % Applied ADT EDUs Single Family 10/DU - 10/DU 1.0/DU Detached Single Family 8/DU - 8/DU 0.5 I DU Attached Affordable Housing 6.4/DU - 6.4/DU 0.5/DU (Bressi Ranch) Apartment (Affordable 6/DU - 6/DU 0.5/DU Housing) Assisted Living 2 / Room - 2 / Room 4.2 I lOksf Industrial 80/AC 79% 63 I AC 4.2 / lOksf Community Retail 40/1,000 45% 18/1,000 4.2llOksf SF SF Office 711,000SF 82% 6/1,000SF 4.2/10ksf School 60/AC 57% 34 / AC 4.2 / 10ksf Church 30/AC 64% 19 /AC 4.2 / lOksf Day Care 80/1,000 28% 97.4 / AC 4.2 / 10ksf SF Boys & Girls Club 90/AC 52% 47/ AC 4.2 ll0ksf Homeowners 5/AC 25% 1.25 I AC 4.2 / 10ksf Association Rec Areas and per site and per site Community (Regional) 20/ AC 66% F 13/AC 0.4 / AC Park Li I I I L:] Ii I I I LI I 1. Primary Trips are defined by SANDAG as "one trip directly between origin and primary destination." I Prepared by Galen N. Peterson March 29, 2004 City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 22 Recycled Water I The recycled water system located within the public right-of-way will provide irrigation water to (I) medians, parkways, and adjacent roadway slopes (in I and adjacent to the public streets and public easements) (ii) landscaped slopes and pocket parks within the home owners association open space areas (iii) landscaped areas of the public park (iv) landscaped areas of the I school (v) landscaped areas of the private school and (vi) landscaped areas of the industrial section. I The recycled water system specially benefits only the six categories stated above. Therefore, the recycled water system costs were allocated only to I the irrigated area of these six categories. The percentage of area in each category, determined from the total area in all six categories, was multiplied times the cost of the recycled water system to arrive at the cost to be applied I to each category. The resulting recycled water system cost for the first category was added to the cost for the roadways and spread to all of the assessment numbers that specially benefit from the roadways. The resulting recycled water system cost for the second category was spread to all of the I residential units within the homeowners association that specially benefits from the open space areas. The resulting recycled water system cost for the last four categories was spread to the assessment numbers that correspond to those areas. i Dry Utilities The demand for dry utilities is considered to be similar to the factors I used for water and sewer as shown above. The dry utilities costs (limited by the Internal Revenue Service to five percent of the bond issue amount in order for the bonds to qualify for tax-exempt status) were allocated based on I EDU factors using the same methodology and, except as noted below, the same factors as were used in allocating water costs. Due to the unique characteristics of the home owner association lots, the following dry utilities EDU factors were used for these lots: The HOA lots 47, 48 and 49 within Benefit Area No. 2 were assigned 1.5, 0.3 and 0.3 EDU per site, respectively. The three HOA areas in Planning Areas 9, 10 and 12 and the Village Green area (OS-2) within Benefit Area No. I were assigned 2.4 EDU. The Village Square area in Planning Area 15 within Benefit Area No. 1 was assigned 1.0 EDU. I 'I D-4 Proportioning Formation, Issuance and Financing Costs The costs to form this Assessment District, including the costs of issuance, have been determined to be eligible for inclusion in the Assessment District I Prepared by Galen N. Peterson March 29, 2004 I I I I City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 23 funding. Some of the incidental costs can be assigned directly to one of the benefit components as shown in Appendix "E". These costs that cannot be assigned directly to any one of the benefit components and therefore have been separated into a separate component for purposes of defining special benefits and allocating costs on a pro-rata basis relative to the improvement costs associated with each parcel as shown in Table 1 of Appendix F. The financing costs (bond discount and bond reserve), including capitalized interest, have also been assessed on a pro-rata basis relative to the improvement costs associated with each parcel. I L E. PROCLAMATIONS E-1 Assessments are equal to or less than the proportional special benefit each parcel receives Li I The special benefit received from the Assessment District improvements exceeds the assessment allocated to each parcel. The improvements provided will increase the value of each parcel by more than the assessment levied upon it. To ensure that the assessments will be equal to or less than the proportional special benefit conferred, a review was made of similar properties in the vicinity. Comparison of recent sales records indicated that the average price per square foot of raw land increased in an amount greater than the costs of the assessments per square foot after backbone roadway and utility improvements were in place. E-2 Reasonableness and Justification of Assessments It is well known and understood by the development community that public infrastructure is required for raw land to develop to its highest and best use. After the passage of Proposition 13 and Assembly Bill 1600, developers and investors realize that they must provide the public infrastructure to support their developments without burdening existing properties. The Assessment District improvements are estimated to add 7% or more value to each parcel's overall value. A review of other developments has shown that this percentage is consistent with the costs of providing backbone access and utilities to raw land in similar developments. Therefore this Assessment levy is reasonable in relationship to the added value the improvements provide to the parcels. E-3 Future Apportionment of Special Benefit Special benefit will accrue to each parcel created by the subdivision of the property within the Assessment District. Since certain existing parcels within the Assessment District will not, at the time of formation of the Assessment District, have been subdivided into final tots, the initial assessments established at the time of formation of the Assessment District will be placed I I 10 I I I I I I P I Prepared by Galen N. Peterson March 29, 2004 City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 24 in the aggregate on the assessors parcels existing at the time of formation of the Assessment District. An assessment levied on a parcel existing at the I time of formation of the Assessment District will be apportioned among those parcels created by the subsequent subdivision of such existing parcel. I Assessments apportioned to any parcel created by the subdivision of an existing parcel which is to be owned by a public agency (each, a "Public I Parcel") or a non-profit 501(c)(3) organization (each, a "501(c)(3) Parcel") or a home owners association (each, an "HOA Parcel") must be paid off in full prior to the recordation of the final subdivision map creating such Public I Parcel or 501(c)(3) Parcel or HOA Parcel or contributed by the Developer as a reduced purchase price for improvements to be acquired pursuant to the Acquisition/Financing Agreement. The City shall not provide to the owner or I subdivider of such existing parcel a certificate as required by Government Code Section 66493(f) for any subdivision certifying that the City Council has determined that provision has been made for the segregation of the I responsibility of each of the proposed new parcels for a portion of the assessment unless payment in full of the assessments apportioned to all Public Parcels, 501(c)(3) Parcels and HOA Parcels created by such subdivision has been received by the City or otherwise contributed as I described above. It is the City of Carlsbad's policy that final lots that receive similar special benefit also have similar final assessments. If the future subdivision of any planning area does not yield the estimated number of dwelling units, the City reserves the right to require upon application of assessment reapportionment, I that a portion of the outstanding assessment be paid by the property owners to ensure that the assessments remain consistent within and between the planning areas as further provided in the Acquisition/Financing I Agreement. All reapportion ments will be subject to City of Carlsbad policies and procedures. I FINDINGS AND DETERMINATIONS OF ASSESSMENT ENGINEER I The undersigned, Galen N. Peterson, hereby finds and determine as follows: r L I I P The proportionate special benefit derived by each parcel proposed to be assessed has been determined in relationship to the entirety of the costs of the improvements to be funded from the proceeds of the bonds issued for the Assessment District and the cash collections. No assessment is proposed to be imposed on any parcel, which exceeds the reasonable cost of the proportional special benefit conferred on that parcel. I Prepared by Galen N. Peterson March 29, 2004 City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 25 I IS C. Only special benefits have been assessed. D. Parcels within the Assessment District that are owned or used by any agency, the State of California or the United States and which receive a I special benefit from the improvements have been assessed accordingly. In conclusion, it is my opinion that the assessments for the referenced I Assessment District have been spread in direct accordance with the estimated special benefits that each parcel receives from the improvements. Dated: 2'day of /-114,c/-f ,2OO- U andign ASSESSMENT ENGINEER CITY OF CARLSBAD SAN DIEGO COUNTY STATE OF CALIFORNIA I I I I I I I P Prepared by Galen N. Peterson March 29, 2004 U City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 26 I, LORRAINE M. WOOD, CITY CLERK of the CITY OF CARLSBAD, CALIFORNIA do hereby certify that the foregoing Assessment, together with the Diagram attached thereto, was filed in my office on the /_7 M day of ,r4,i4Ay, 200.*. I CITY OF CARLSBAD STATE OF CALIFORNIA I, LORRAINE M. WOOD, CITY CLERK of the CITY OF CARLSBAD, CALIFORNIA do hereby certify that the foregoing Assessment, together with the Diagram attached thereto, was preliminarily approved by the City Council of the CITY OF CARLSBAD, CALIFORNIA, on the/ 2004 7'day of,a/4,&y II&Y drb:H~ CITY OF CARLSBAD STATE OF CALIFORNIA I Li I I I I, LORRAINE M. WOOD, CITY CALIFORNIA do hereby certify that CLERK of the CITY OF the foregoing Assessment, approved and confirmed day of CARLSBAD, together with by the City L~] I the Diagram attached thereto, was Council of said City on the 200 I CITY CLERK CITY OF CARLSBAD STATE OF CALIFORNIA I, GLENN PRUIM, Superintendent of Streets I City Engineer of the CITY OF CARLSBAD, CALIFORNIA do hereby certify that the foregoing Assessment, together with the Diagram attached thereto, was filed in my office on the day of , 200_. I SUPERINTENDENT OF STREETS /CITY ENGINEER CITY OF CARLSBAD STATE OF CALIFORNIA Li Prepared by Galen N. Peterson March 29, 2004 I I I I I I I I I El I I I 1 I I I EXHIBIT 3 REVISED SPREAD AMENDING ASSESSMENTS [ 1 I REVISED SPREAD AMENDING ASSESSMENTS I ASSESSMENT DISTRICT 2002-01 (POINSETTIA LANE EAST) CARLSBAD TRACT CT 05-05 CITY OF CARLSBAD SAN DIEGO COUNTY DATE September 22, 2009 I I I PREVIOUS ASSESSMENTS ASSESSMENT ASSESSOR'S PARCEL BONDED ASSESSMENT OWNER OF NO. PARCEL NO. DESCRIPTION LIEN LIEN RECORD 34-1-3 213-112-08 CARLSBAD TRACT NO. 99-03, LOT 16 $712,272.65 $799,398.71 KB HOME COASTAL INC 34-1-1 213-112-37 CARLSBAD PARCEL MAP NO. 19754, PARCEL 1 $201,987.77 $228,694.59 KB HOME COASTAL INC TOTAL $914,260.42 $1,026,091.30 AMENDED ASSESSMENTS (1) ASSESSMENT ASSESSOR'S PARCEL NO. BONDED ASSESSMENT OWNER OF NO. PARCEL NO. DESCRIPTION EDU LIEN LIEN RECORD 34-1-3/1-1 UNASSIGNED CARLSBAD TRACT CT 05-05, UNIT 1 1.0 $10,630.94 $11,931.30 K B HOME COASTAL INC 34-1-3/1-2 UNASSIGNED CARLSBAD TRACT CT 05-05, UNIT 2 1.0 010,630.94 $11,931.30 KB HOME COASTAL INC 34-1-3/1-3 UNASSIGNED CARLSBAD TRACT CT 05-05, UNIT 3 1.0 $10,630.94 $11,931.30 K B HOME COASTAL INC 34-1-3/14 UNASSIGNED CARLSBAD TRACT CT 05-05, UNIT 4 1.0 $10,630.94 $11,931.30 K B HOME COASTAL INC 34-1-3/1-5 UNASSIGNED CARLSBAD TRACT CT 05-05, UNIT 5 1.0 $10,630.94 $11,931.30 K B HOME COASTAL INC 34-1-3/1-8 UNASSIGNED CARLSBAD TRACT CTOS-05, UNIT 1.0 $10,630.94 $11,931.30 K B HOME COASTAL INC 34-1-3/1-7 UNASSIGNED CARLSBAD TRACT CT 05-05, UNIT 7 1.0 $10,630.94 $11,931.30 KB HOME COASTAL INC 34-1-3/1-8 UNASSIGNED CARLSBAD TRACT CT 05-05, UNIT 8 1.0 $10,630.94 $11,931.30 KB HOME COASTAL INC 34-1-311-9 UNASSIGNED CARLSBAD TRACT CT 05-05, UNIT 9 1.0 $10,630.94 $11,931.30 K B HOME COASTAL INC 34-1-3/1-10 UNASSIGNED CARLSBAD TRACT CT 05-05, UNIT 10 1.0 $10,630.94 $11,931.30 KB HOME COASTAL INC 34-1-3/1-11 UNASSIGNED CARLSBAD TRACT CT 05-05, UNIT 11 1.0 $10,630.94 $11,931.30 KB HOME COASTAL INC 34-1-3/1-12 UNASSIGNED CARLSBAD TRACT CT 05-05, UNIT 12 1.0 $10,630.94 $11,931.30 KB HOME COASTAL INC 34-1-3/1-13 UNASSIGNED CARLSBAD TRACT CT 05-05, UNIT 13 1.0 $10,630.94 $11,931.30 KB HOME COASTAL INC 34-1-3/1-14 UNASSIGNED CARLSBAD TRACT CT 05-05, UNIT 14 1.0 $10,630.94 $11,931.30 1< B HOME COASTAL INC 34-1-3/1-15 UNASSIGNED CARLSBAD TRACT CT 05-05, UNIT 15 1.0 $10,630.94 $11,931.30 KB HOME COASTAL INC 34-1-3I1-16 UNASSIGNED CARLSBAD TRACT CT 05-05, UNIT 16 1.0 $10,630.94 $11,931.30 K B HOME COASTAL INC 34-1-3/1-17 UNASSIGNED CARLSBAD TRACT CT 05-05, UNIT 17 1.0 $10,630.94 $11,931.30 K B HOME COASTAL INC 34-1-3/1-18 UNASSIGNED CARLSBAD TRACT CT 05-05, UNIT 18 1.0 $10,630.94 $11,931.30 K B HOME COASTAL INC 34-1-3/1-19 UNASSIGNED CARLSBAD TRACT CT 05-05, UNIT 19 1.0 $10,630.94 $11,931.30 K B HOME COASTAL INC 34-1-3/1-20 UNASSIGNED CARLSBAD TRACT CT 05-05, UNIT 20 1.0 $10,630.94 $11,931.30 KB HOME COASTAL INC 34-1-3/1-21 UNASSIGNED CARLSBAD TRACT CT 05-05, UNIT 21 1.0 $10,630.94 $11,931.30 KB HOME COASTAL INC 34-1-3/1-22 UNASSIGNED CARLSBAD TRACT CT 05-05, UNIT 22 1.0 $10,630.94 $11,931.30 K B HOME COASTAL INC 34-1-3/1-23 UNASSIGNED CARLSBAD TRACT CT 05-05, UNIT 23 1.0 $10,630.94 $11,931.30 K B HOME COASTAL INC 34-1-3/1-24 UNASSIGNED CARLSBAD TRACT CT 05-05, UNIT 24 1.0 $10,630.94 $11,931.30 K B HOME COASTAL INC 34-1-3/1-25 UNASSIGNED CARLSBAD TRACT CT 05-05, UNIT 25 1.0 $10,630.94 $11,931.30 KB HOME COASTAL INC 34-1-311-26 UNASSIGNED CARLSBAD TRACT CT 05-05, UNIT 26 1.0 $10,630.94 $11,931.30 K B HOME COASTAL INC 34-1-3/1-27 UNASSIGNED CARLSBAD TRACT CT 05-05, UNIT 27 1.0 $10,630.94 $11,931.30 K B HOME COASTAL INC 34-1-3/1-28 UNASSIGNED CARLSBAD TRACT CT 05-05, UNIT 28 1.0 $10,630.94 $11,931.30 K B HOME COASTAL INC 34-1-3(1-29 UNASSIGNED CARLSBAD TRACT CT 05-05, UNIT 29 1.0 $10,630.94 $11,931.30 K B HOME COASTAL INC 34-1-3(1-30 UNASSIGNED CARLSBAD TRACT CT 05-05, UNIT 30 1.0 $10,630.94 $11,931.30 K B HOME COASTAL INC 34-1-3/1-31 UNASSIGNED CARLSBAD TRACT CT 05-05, UNIT 31 1.0 $10,630.94 $11,931.30 K B HOME COASTAL INC 34-1-3/1-32 UNASSIGNED CARLSBAD TRACT CT 05-05, UNIT 32 1.0 $10,630.94 $11,931.30 K B HOME COASTAL INC 34-1-3/1-33 UNASSIGNED CARLSBAD TRACT CT 05-05, UNIT 33 1.0 $10,630.94 $11,931.30 K B HOME COASTAL INC 34-1-311-34 UNASSIGNED CARLSBAD TRACT CT 05-05, UNIT 34 1.0 $10,630.94 $11,931.30 K B HOME COASTAL INC 34-1-3/1-35 UNASSIGNED CARLSBAD TRACT CT 05-05, UNIT 35 1.0 $10,630.94 $11,931.30 K B HOME COASTAL INC 34-1-3/1-36 UNASSIGNED CARLSBAD TRACT CT 05-05, UNIT 36 1.0 $10,630.94 $11,931.30 K B HOME COASTAL INC 34-1-311-37 UNASSIGNED CARLSBAD TRACT CT 05-05, UNIT 37 1.0 $10,630.94 $11,931.29 K B HOME COASTAL INC 34-1-3/1-38 UNASSIGNED CARLSBAD TRACT CT 05-05, UNIT 38 1.0 $10,630.94 $11,931.29 K B HOME COASTAL INC 34-1-3/1-39 UNASSIGNED CARLSBAD TRACT CT 05-05, UNIT 39 1.0 $10,630.94 $11,931.29 K B HOME COASTAL INC 34-1-311-40 UNASSIGNED CARLSBAD TRACT CT 05-05, UNIT 40 1.0 $10,630.94 $11,931.29 K B HOME COASTAL INC 34-1-3/141 UNASSIGNED CARLSBAD TRACT CT 05-05, UNIT 41 1.0 $10,630.94 $11,931.29 K B HOME COASTAL INC 34-1-3(142 UNASSIGNED CARLSBAD TRACT CT 05-05, UNIT 42 1.0 $10,630.94 $11,931.29 K B HOME COASTAL INC 34-1-3/143 UNASSIGNED CARLSBAD TRACT CT 05-05, UNIT 43 1.0 $10,630.94 $11,931.29 K B HOME COASTAL INC 34-1-3/144 UNASSIGNED CARLSBAD TRACT CT 05-05, UNIT 44 1.0 $10,630.94 $11,931.29 K B HOME COASTAL INC 34-1-3/145 UNASSIGNED CARLSBAD TRACT CT 05-05, UNIT 45 1.0 $10,630.93 $11,931.29 K B HOME COASTAL INC 34-1-3/146 UNASSIGNED CARLSBAD TRACT CT 05-05, UNIT 46 1.0 $10,630.93 $11,931.29 K B HOME COASTAL INC 34-1•3/147 UNASSIGNED CARLSBAD TRACT CT 05-05, UNIT 47 1.0 $10,630.93 $11,931.29 K B HOME COASTAL INC 34-1-3/1-48 UNASSIGNED CARLSBAD TRACT CT 05-05, UNIT 48 1.0 $10,630.93 $11,931.29 K B HOME COASTAL INC 34-1-3/1-49 UNASSIGNED CARLSBAD TRACT CT 05-05, UNIT 49 1.0 $10,630.93 $11,931.29 KB HOME COASTAL INC 34-1-3/1-50 UNASSIGNED CARLSBAD TRACT CT 05-05, UNIT 50 1.0 $10,630.93 $11,931.29 K B HOME COASTAL INC 34-1-3/1-51 UNASSIGNED CARLSBAD TRACT CT 05-05, UNIT 51 1.0 $10,630.93 $11,931.29 KB HOME COASTAL INC 34-1-3/1-52 UNASSIGNED CARLSBAD TRACT CT 05-05, UNIT 52 1.0 $10,630.93 $11,931.29 K B HOME COASTAL INC 34-1-3/1-53 UNASSIGNED CARLSBAD TRACT CT 05-05, UNIT 53 1.0 $10,630.93 $11,931.29 K B HOME COASTAL INC 34-1-3/1-54 UNASSIGNED CARLSBAD TRACT CT 05-05, UNIT 54 1.0 $10,630.93 $11,931.29 K B HOME COASTAL INC 34-1-3/1-55 UNASSIGNED CARLSBAD TRACT CT 05-05, UNIT 55 1.0 $10,630.93 $11,931.29 K B HOME COASTAL INC 34-1-3/1-56 UNASSIGNED CARLSBAD TRACT CT 05-05, UNIT 56 1.0 $10,630.83 $11,931.29 K B HOME COASTAL INC 34-1-3/1-57 UNASSIGNED CARLSBAD TRACT CT 05-05, UNIT 57 1.0 $10,630.93 $11,931.29 K B HOME COASTAL INC 34-1-3/1-58 UNASSIGNED CARLSBAD TRACT CT 05-05, UNIT 58 1.0 $10,630.93 $11,931.29 K B HOME COASTAL INC -,---208094-14X SpR-14 Prepared by Willdan Financial Services Pag1 of 4 I I I I REVISED SPREAD AMENDING ASSESSMENTS ASSESSMENT DISTRICT 2002-01 (POINSETTIA LANE EAST) CARLSBAD TRACT CT 05-05 CITY OF CARLSBAD SAN DIEGO COUNTY DATE September 22, 2009 AMENDED ASSESSMENTS (1) ASSESSMENT ASSESSORS PARCEL NO. BONDED ASSESSMENT OWNER OF NO. PARCEL NO. DESCRIPTION EDU LIEN LIEN RECORD 34-1-3/1-59 UNASSIGNED CARLSBAD TRACT CT 05-05, UNIT 59 1.0 $10,630.93 $11,931.29 KB HOME COASTAL INC 34-1-3/1-60 UNASSIGNED CARLSBAD TRACT CT 05-05, UNIT 60 1.0 $10,630.93 $11,931.29 KB HOME COASTAL INC 34-1-3/1-61 UNASSIGNED CARLSBAD TRACT CT 05-05, UNIT 61 1.0 $10,630.93 $11,931.29 KB HOME COASTAL INC 34-1-3/1-62 UNASSIGNED CARLSBAD TRACT CTO5-05, UNIT 62 1.0 $10,630.93 $11,931.29 K B HOME COASTAL INC 34-1-3/1-63 UNASSIGNED CARLSBAD TRACT CT 05-05, UNIT 63 1.0 $10,630.93 $11,931.29 K B HOME COASTAL INC 34-1-3/1-64 UNASSIGNED CARLSBAD TRACT CT 05-05, UNIT 64 1.0 $10,630.93 $11,931.29 K B HOME COASTAL INC 34-1-3/1-65 UNASSIGNED CARLSBAD TRACT CT 05-05, UNIT 65 1.0 $10,630.93 $11,931.29 K B HOME COASTAL INC 34-1-3/1-66 UNASSIGNED CARLSBAD TRACT CT 05-05, UNIT 66 1.0 $10,630.93 $11,931.29 K B HOME COASTAL INC 34-1-3/1-67 UNASSIGNED CARLSBAD TRACT CT 05-05, UNIT 67 1.0 $10,630.93 $11,931.29 KB HOME COASTAL INC 34-1-3/1-68 UNASSIGNED CARLSBAD TRACT CT 05-05, UNIT 68 1.0 $10,630.93 $11,931.29 K B HOME COASTAL INC 34-1-3/1-69 UNASSIGNED CARLSBAD TRACT CT 05-05, UNIT 69 1.0 $10,630.93 $11,931.29 K B HOME COASTAL INC 34-1-3/1-70 UNASSIGNED CARLSBAD TRACT CT 05-05, UNIT 70 tO $10,630.93 $11,931.29 KB HOME COASTAL INC 34-1-3/1-71 UNASSIGNED CARLSBAD TRACT CT 05-05, UNIT 71 1.0 $10,630.93 $11,931.29 K B HOME COASTAL INC 34-1-3/1-72 UNASSIGNED CARLSBAD TRACT CT 05-05, UNIT 12 1.0 $10,630.93 $11,931.29 K B HOME COASTAL INC 34-1-3/1-73 UNASSIGNED CARLSBAD TRACT CT 05-05, UNIT 73 1.0 $10,630.93 $11,931.29 K B HOME COASTAL INC 34-1-3/1-74 UNASSIGNED CARLSBAD TRACT CT 05-05, UNIT 74 1.0 $10,630.93 $11,931.29 K B HOME COASTAL INC 34-1-3/1-75 UNASSIGNED CARLSBAD TRACT CT 05-05, UNIT 75 1.0 $10,630.93 $11,931.29 K B HOME COASTAL INC 34-1-3/1-76 UNASSIGNED CARLSBAD TRACT CT 05-05, UNIT 76 1.0 $10,630.93 $11,931.29 KB HOME COASTAL INC 34-1-3/1-77 UNASSIGNED CARLSBAD TRACT CT 05-05, UNIT 77 1.0 $10,630.93 $11,931.29 K B HOME COASTAL INC 34-1-3/1-78 UNASSIGNED CARLSBAD TRACT CT 05-05, UNIT 78 1.0 $10,630.93 $11,931.29 KB HOME COASTAL INC 34-1-3/1-79 UNASSIGNED CARLSBAD TRACT CT 05-05, UNIT 79 tO $10,630.93 $11,931.29 K B HOME COASTAL INC 34-1-3/1-80 UNASSIGNED CARLSBAD TRACT CT 05-05, UNIT 80 1.0 $10,630.93 $11,931.29 K B HOME COASTAL INC 34-1-3/1-81 UNASSIGNED CARLSBAD TRACT CT 05-05, UNIT 81 tO $10,630.93 $11,931.29 K B HOME COASTAL INC 34-1-3/1-82 UNASSIGNED CARLSBAD TRACT CTO5-05, UNIT 62 1.0 $10,630.93 $11,931.29 KB HOME COASTAL INC 34-1-3/1-83 UNASSIGNED CARLSBAD TRACT CT 05-05, UNIT 83 1.0 $10,630.93 $11,931.29 K B HOME COASTAL INC 34-1-3/1-84 UNASSIGNED CARLSBAD TRACT CT 05-05, UNIT 64 1.0 $10,630.93 $11,931.29 K B HOME COASTAL INC 34-1-3/1-85 UNASSIGNED CARLSBAD TRACT CT 05-05, UNIT 85 1.0 $10,630.93 $11,931.29 K B HOME COASTAL INC 34-1-3/1-86 UNASSIGNED CARLSBAD TRACT CT 05-05, UNIT 86 1.0 $10,630.93 $11,931.29 K B HOME COASTAL INC TOTALS 86.0 $914,260.42 $1,026,091.30 Total Assessments $914,260.42 $1,026,091.30 Assessable EDU'S 86.00 86.00 Assessment! EDU $10,630.94 $11,931.29 (1) Per the Engineer's Report, this spread was calculated based on an EDU basis. I i 11, p:tc,tbod32O8O94-14/Sp5-14 Prepared by Wilidan Financial Services Page 2 of 4 I I I 1 I i U I 1 I EXHIBIT 4 CARLSBAD TRACT CT 05-05 AND CONDOMINIUM PLAN I I COYENSINECRTS' -, III' WITNESS "REOF. ' /541"' REUNTO SET MY HAND 0/IS 2LOAY OF REGISTRATION EXPIRES 313/110 -' 200 , UNR0ED Z RY4I7S' ...... -----. I LORRAINE M. WOOS, CITY CLERK OF THE CITY OF CARLSBAD, STAYC OF CALIFORNIA, HEREBY CERFiFI' THAT THE COUNCIL OF SAID CITY HAS APPROVED TI/IS 'OAF OF C4RLSB4O TRACT 00-55, LA COSTA GREENS 7/CISHAORI,00S I. 16, CONSISTING OF 0 SHEETS AND OCSCR/SEU III THE CAPTION THEREOF 9/15 I/AS ACCE'.TEO ON BEHALF OF INC CITY OF CARLSBAD THE 0(1/El/IL UTILITY AND ACCESS EASEREN.T5000C/YASACOECPEOF/XES/NENSP000'EAS/'VIENI' .4CC/ID GA'A,V 'EAT OAVTRVSPIlAP; 50011607E0Y8844/OINS.°VIRSUANT to 56Cr/on 66434(3) 0PrAV4/Sc8Q,,'15,OA/flIRPAET ,4P0Rr/s,1CF THE ,4'A'Z,'ROLl'SI/flSA/r 0,/I ACCESS .01' 6117'5,WAI/O to EsrfrX'LoM DEZ'70/NROAD8S 9NO471NON,010POGB./RE//3A1,/DPA/NEE' 01010015.59759. I/I V/IllNESS 1451ERE0.5 SI/S COUNCIL 1,/AS OIIJSEO THESE PRESENTS TO BE EVECRJTEO BY IN" CITY CLERK TN/S L&,, SAY OF 2003. LORRAINE ep000. CITY'CURK / SON NES, SECRETARY TO THE PLANNING COMMISSION OF THE CITY ISV CARI.5R,75, NERCAY CERTIFY THAT /7/C TENTATIVE YAP OF CARLSBAO TRACT OS-OS, IA COS TO OREEN'S NEIOHBORII005 1 ,76. HAS BEEN SUBMITTED TO THE I'Ll/IN//IS COMMISSION FOR REP/ART ANDRAE A7ME'IOAI'/ON, DON lIEU ......... SECRETARY TO THE P1,4/I//INC COMMISSION SATED' __q.1/SQa------ APP./IOVEO AS ID FORM IHISJ.q,,,oAr OF 2000. ROII1ALS R. BALL 9",LE _4p TI/I' ATTORNEY FILE NO. 005j22&3.L2T/N, / GREGORY J. SMITH. RECORDER OF THE COUNTY OF 5.7/I 5/6001 STATE OF CALIFORNIA, 7/ARE/IT CERTIFY THAT I HAVE ACCEPTES FOR PEOORSANON 'H/S I/OP PIES AT THE R"OUEST SF O,4VIO B ,IA/BLER CO/S DAY OF,g'24t_0..___ 2006, AT .,.._._L,/ ,J'CLOC/V, '71, CREOO.RYJ. SMITH, COUNTY RECORSER -- DEPUTY FEE 920,00 a_ — — .- — — -1 - — — — — —, an — - — MAP NO. 15719 CARLSBAD TRACT NO. 05-05 SHEET 1 OF 6 SHEETS WE THE' UNDEITSIGIVED. BEING ALL ME PARTIES HAWNG ANY RECORD TITLE LA COSTA GREENS NEIGHBORHOOD 1.16 1. DAWD Fl. AUBLER, A LICENSED LAND SLIRVLYOR OF -THE STATE OF CA~IFORN'A. PREPARAT Uk9ER MY DJRECT?OM III iUNr 7006, ANO SAID SURVEY IS TRUE AND COMPLETE SUBDIVISION ION OF THIS lOOP AS S/ICON 167/I / BC/NO A 5/180045/07/ 0 LOT 70 OF CAR' SBAO TRACT N/I' 99 03 LA COSTA SPEC/S AC 505/GI' TO IMP '7€/I OF 7,77 74 43 ILCO I I F/IL ICE OF 1/0 601//TV SHOWN, //54T MONUMENTSS THE CHARACTER/I.2/CA/TO'RIOFS /4 5/7 OR BOUNDARY LINE P7"CSPGOIR OF SAN OF COUNTY FEBRUARY 2 /003 449 PARCEL I 0' PARCEL M/' '/77 9754 ACCORDING TO RIP TOE/CS.' FILED IN of OFFICE Or THE FOUND AT I SUBDIVISION 002//GORY CORNERS. / V/ILL SE ALL OTHER WE GCPE'OY 060/CA/C TO THE CITY OF CIRL5000 TOE GENERAL 079/TO AND Cl/LINT" RECORDER OF SAN DIEGO CON/TO .0.70 9, 2609, AS P//C I/C 2005-0484203. RCi7RG IN TOE CITY OF CARLSPAO, CC/SOT.' OF SAN DIEGO, STATE OF MONUMENTS OF THE CHARACTER 490 AT HE POSIT/ON INS/TOTED BY LEGEND ON ACCESS EASEMENT AS S/ISV/N ON TI/IS 744", CAL irZRJIA. TN/S RIP WITHIN .30 1/IrS AFTER THE COMPLCITS,'L AND TOE ACCEPTANCE BY THE C/IT OF C,SRLSRAC OF THE P/OURS'S IMPROVEMENTS, AND /1/AT SUCH SUBS/V/S/ON GUARANTEE105//CS BY, FIRST AMERICAN I/TIE /9599,5/5CC COMPANY, 090CR 7679 242333/ DATE, .7-04I' B 2008 MONUMENTS IRE, OR WILL BE, SUP//TIC/IT CO 01/ABLE THE SURVEY TO BE WE HCRCBYS4/ANr 70 74/ScAr YOPEAR098AD,40'D4/5N8946018508R06174T 2 LOTS 11.602 O, ' . .10109'S REIOP7CED (EC LEO/NO ANSJ1.iiMENTA//OI/ NOTES 07.' SHEET 3) OVER61P ACX05SANO LOTS 1 AND 2. AS SHOWN VAR (IIERIINAPTERRETTRREG'SASTOES..B,,CE LAND /JN TH0R./ 7RS 5448101 VISANV'XO COO/C D,1,'N10/I1,400JSC 1' .45 DA'20I/(C '0,566 YOGI,' - SPCO'F/.' . UNLESS 0. . SE 184/C OST#EC/79O CIO,0REAT4/04R1/O/QON'G.4 .94170 Mi 160/ER., 1.5. 73,'2 - VIA I/I'.' /I'10P 86 AlPS/NA CE co,woonrnn.,00hrnors Ano/sn4Eo,oggsAwr ro -- - -2 o5' ,,ZS'77 007.0 PERPETUAL EASEMENT u0 ACROSS LINES. AND UNDER PURSUANT TO DEC/ION 08434(g) OF THE 559011/S/ON /479 ACT. THE .111,96 OF I THOMAS J. PASTJSZ/IA. CLERK OF 7/15 00040 OF SUPERVISORS, I/CREST THE SUSVEC LAND. EXCEPING NECESSARY PUBLIC SUBDIVISION MAP ACT OD.Tos, N 2 o, STRUCTURE OR OTHER /7/INS WHATSOEVER SO/A L BE CONSTR/JCTCD CRC/CO Bult /77 0,59 079097 0/704/NO 7/IC CO 6047 5 CONSTIT7ATC" ABANOOSMEN CERTIFY THAT I' S 7/10100 PPE 7 Or THE GOVERNMENT CODE) CC/IRS/V/TI) DEPOSI/S FOR TAXES AND PL 7322 ACES OR AAA'/TA NEO 0/4 THE 9082CC LAND A COY IDTIONAL USE PERVIT ISSUED PURSUANT TO NE OF THE O WY BE PERMITTED GlING OR /NAN F A"0ITC/NQF THE RELINQUISHMENT OF ACCESS POHTS 1/A/IL' TO E"T//E CO/17/PICATO/IO TIE A OF WIT ROAD AS SHOWN ON MAP MO 1454J AND PARCEL MAP NO. 19764 MUI~ICIRAL OR LOCAL AX'S OR SPE 44 LENS FOP I/N 551 ASSESSMENTS COLLECTED AS TAXES 12-31-09 CITY OF CARLSBAD. EXCR TO/OS I/STrOP ARE 7/AR" SEEN COOP/ED /1/7 0' 2. THE PERPETUAL RIGHT 07.7 7407 THE 051/CIT/ON. TO C/IT/P UPON 7//C ' 00101,1 S/OBJECT LINO 0,/S P/GORE Al/I' BU/LO/NOS. STRUCTURES, OR 01//ER 77/I//OS THOMAS A. PAST/VODKA WHATSOEVER CONSTRUCT/C, ERECTED, PLACE, OR 444/NTAi'OCO ON TO/C SUBJECT CLERK OF THE BOARD 01 SUPERVISORS LA/ID CONTRARY TO ANY TERM, CO/C/RANT. OR CONDITION OF rI/C CASEMEN71 I' A//S, I/IC PC//PET//AL /1/DO/I TO 00 ANY WORN NECESSARY TO EL/MI//I/C THE .. , 79 / ROBERT 5 107/NOON 19., CITY ENGINEER OF 'IlL' Ci/'/' OF CARLS000. EFFECTS OF ,4N7' EXCAVATION OR GRAD/NC SONS' 0/I THE SUB/COT 10745, OR PURSUANT TO 5CC/ION 06436, SUBSEC/IS.'/ (c)(3,fliI,)(/,,, OF THE SUBS//IS/SN - ' CAL/TOP/RB, NCRERV CERTIFY 7//Al' 1 1/ARC CVAMS,'EO THE ANNEXES PAP OF 'HIS EL/P/NATE ANY PLACE/IC/IT OF 051/0, SOIL ROE/C, GRAVEL OR ANY 001CR /109 ACT, l//L SIGNATURES Of 7//C FOLLOWING OWNERS OF EASEMENTS HAVE 04E.,_ - 1050165/01/ TO BE KNOWN AS CARLSBAD TRACT NO, 05"05, LA COSTA GREENS PArER/AL PLACED 0/4 THE SUBJECT LAND CONTRARY TO ANY TERM, CONVC,NANT, BEEN OMITTED, THEIR /0/CREST BC/NO SUOI7 /037 I. CA//lOT RIPEN INTO FEE . . , /ICID7/BOR/I000 /. /6, CONSISIINO OF B SHEETS .11.10 DESCRIBED IN 71/5 60/150/I OR COI/O,'IISN OF TN/S EASEMENT TITLE AND SAID SIGNATURE IS NOT RICO/PEG 0/' THE GOVERNING 000/I 001,, .4, OJV17L_____ ,, -' THEREOF, A/IC 7/415' FOUND THAT THE C/ES/SN IS SOBDTANTIAL/,I' TO/S SAME AS IT - . 0600 N'4 ' APPEARED ON THE TENTATIVE A/AR AND A//F APPROVES ALTERATIONS THEREOF,' J. GRANTOR COVENANTS A/IS ISRESS /50 ITSELF 8/60 53 SUCCESSORS AND SAN OIECO GAS AND ELECTRIC CSMPA,',/T HOLDER OF AN EASEMENT PER . THAT ALL THE PRS/IS/SNS OF THE SUBSIOISIS/4 1/19 ACT OF THE STATE OF ASSIGNS AS FOLLOWS, 000111/lENT RECORDCO JUNE /8, /95A, IN BOOK 5273, PAGE 432, OF."IEL8L GALE//RN/I, 0740 OF ANY LOCAL S,PS/NA,'/CE OF SA/O C,', APPLICABLE AT THE' RECORSO, AND HOLD ER Or 00' EASE/lENT PER 20010/AC/IT 7/ECDRSES TOO" OF THE APPROVAL OF THE TEN/AT/IC MAP 7/415' BEEN CO//RI 'ES 07/TN AND A EASE NO N CEO,,ARY POOL/C .17/LIT.' ES THAT SHALL NOT ERECT OCTOBER 30 2003 AS IL NO HEREBY 2003 4/9753 OFECIA RECORDS / HAROLD V MCS/,ERRY TREASURER OF 0/ 11 C 5 CARLSBAD STATE 0 CALIFORNIA. AM SAT/S//C THATSILO AR IS TECHNICALLY CORRECT.HEREBY APPROVE CONSTRUCT, PLACE, MAINTAIN OR PER/Ill THE ERECTION, CONSTRUCTION HEREBYCER,IFY THAT THERE ARC 1/1 LENS FOR UNPAID CITY TAXES OR UNPAID AND RECOMMEND S,510 MAP PLACEMENT, OR MAINTENANCE OF ANY BOWING S/RUES/ORE OR OTHER THINS 2. DANIELS TELEVIS,ON. INC.. HOLDER SF AN EASEMENT PER BONDS /551/ES UNDER .4117' /MPROI'EMC/IT ACT OR IMPROVEMENT RUNG ACT OF 4/NA TSSETIER ON THE SUBJECT LANG OTHER 7//AN SUCH BUILDINGS STRUCTURES. SOC/SUE/IT RECORDED AUGUST IT, 1982 AS PLC NUMBER 62-29497/I THE STATE OF CAL//'ORNiI SNOW/HA ON THE BOO/ES OF THIS OF//CE. EXCEPT OR 010CR TONGS AS MAY BE PERMITTED BY A CONDITIONAL USE P/PM/F /551/ER OFT/C/IL RECORDS. TAXES NOT OFF PAYABLE .405/NUT THE' TRACT OR SUBDIVISION. OR ANY PART C" FIIRSUANT TO THE ZOI,/NO ORDINANCE OF THE CITY OF CARLSBAD, THEREOF, S//OWN ON T'IE ANNEXES 41,0/' AND DESCRIBES IN THE CAPTION • I , ,i.4. 3. LA COSTA CONIMUNIFI' ASSOC/A 1/ON, A CALIFORNIA VON//IC/FIr 7407//Al THEREOF 1100rorrR o' l79 ,00XVIA'7'5 15' B. THAT IT SHALL NOT USE THE SUBJECT LAND FOR ANY PURPOSE EXCEPT AS BENEFIT CORPORAIION, HOLDER OF AN EASEMENI PER DOCUMENT RECOROES OPEN SPACE A/IS FOR PARK A/IS/OR RECREATIONAL PURPOSES VA/TI/SIlT THE JUNE 5 25047 AS PLC NUMBER 2004-59/2847, SF/IC/AL RECORDS, ASSIGNS C. EXCEPT/NO THE EXCAVATION AND CRAG//IS INCIDENTAL TO THE CONS TRUC1ION AND MAINTENANCE OF NECESSARY PUBLIC UT,'L,'T'F LINES, THAT IT SHALL 7657 EXCAVATE SR GRADE OR PERMIT ANY EXCAVATING OR GRAS/NO TO BE DONE, OR PLACE OR ALLOW TO BE PLACED ANY 001/5, SOIL ROCK. GRAVEL OR CT/ICR MATER/IL WHATSOEVER ON ONE SUBJECT LAWS V/TI/OUT ONE WRITTEN PERMISSION OF TI/C C/TO SE CARLSBAD OR ITS SUCCESSORS OR ASSIGNS, PROVIDED, HOWEVER, THAT THE GRANTOR MAY EXCAVATE. GRADE. OR PLACE 50/10, SOIL, ROCK, GRAVEL OR OTHER MATERIAL ON THE SUBJECT LAND AS MAY BE PERMITTED BY A CO//SIT/ONE,, USE PERMIT ISSUED PURSUANT TO TO/C ZONING ORDINANCE OF THE CITY OF CARLSBAD. S. '7/AT THE TERMS, CORE/Il/ITS A/IS CONS/SO/ID SET COPS" NERO/I MAY BE SPECIFICALLY ENFORCED OR ENJOINED ST PROCEEDINGS IN THE SUPERIOR ODOR" OF THE STATE OF CA.LIFOR/I/4 rol' 5' 798.44/rD/N r,ot 4/14 .4 E,IWN'FAA'O ,rSACCEPrA0jCtBY rpie CArl' SO/ACE NorAur,/oR,ztrnsPua1sCoftA,yrftYE,'O,getr/VS,eeal'ro 4456 op6NrERMpoNAze QR'4RY0001S'0F/OSX'HE S/BA/K CR/CA/SOY, ff0016/NC 90A0000'EOSV/576 010 5rBIA'P4A0/,' 7105068 CIN//DEICO FOOD ,,S4t rI'S PURPOSE 010 7075" 0'149600506F/$ 00164 Cr0 ,qes'r,k,,crrne'ose,S 097 1601/01/0 rIXE3000 76019' IAA/D ZR/I 08 6' PO/T RB HOME COASTAL INC. A CALIFORNIA CORPORATION BY Il/ORatE Al. P841NA00'S., Vtd(P854A1V18.45, PIAs•484. RCA, ESTATE COLLATERAL MANAGEMENT COMPANY, A GE/AWARE CORPORATION, AS OPIIONEE AS DISCLOSED BY 000L/ME7/T RECORDED 2/ONE 26, 2009, AS INOTRLME I NO. 2009-0503379 OF OFFICIAL RECORDS. RI' ---------BY T/AICTNY RE/I Er PR8ROLSEN9' REAL ESTATE COLLATERAL ,9,RNAOEMENT CO/,L/'ANY, A DELAWARE CORPORA/TON. AS BENEFTC/49'Y UNOEP DECO OF TRUST RECORDED JUNE 28, 2005 AS INSTRUMENT ND, 2000-0043377 OF OFF/C/AL RECORDS. BY. -------BY.' rIM P/A/V SWAIN/GE PR5SIENT A. REAL ESTATE COLLATERAL MANAGEMENT COMPANY, A SELE'A'ARE CORPORA/IS/I, HOLDER OF AN EASEMENT PER DOCUMENT RECORDED JUNE 28, 2005 AS FILE NUMBER 05-0543370, OFFIT/AL RECORDS. S. ICUCASIA WASTE WATER DISTRICT, HOLDER ST AN EASEMENT RECORDED JAN//ANY 03, 2007, AS FILE NO, 2007-0554924, OFFICIAL RECORDS RE, COUNTY T//E,ASL'RER-TAX COLLECTOR OF THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA AND DIRECTOR OF PUBLIC WORKS ST SAID COUNTY, HO/SOY CERTIFY THAT THERE ARE NO UNPAID SPEC/AS ASSESSMENTS OR BONDS WHICH MAY BE PAID IN FULL, 0170W/I BY THE 000/IS OF OUR OFFICES. ,45/,J95Y THE TRACT ON SUBDIVISION OR ANY PANT THEREOF SHOWN ON THE ANNEXED /009 AND DESCRIBED IN THE CAPTION THEREOF SArI McALLISTER BY,--- ------------- COU','TY TREASURE/7- SEPUTY TAX COLLECTOR OATCO_2L7L.,f9 201/N L. SNFOER - 0/RECTOR OF .-"-- TOR'DIRCCIUP'' PUBLIC WORKS OATESAs6q,.17.ERO% CITY OF CARLSBAD CT 05-05 P915 CoDAs O's.10 076 s/OO.B.gflloo'.02"206E07137 GRADING PLAN: DWG NO. 444-2A NAG 83 CAL. COORD. INDEX: 1-982-6550 - YAM (W) 058.7454 ItO, 499-75 I I I I I .1 I I I I I I I I I I I I 1 0) z I C-)- - ç)c I I . I - CIc - Ir Ng Ix 11 I I I i I I I I I I I '0 C C U /1 (/cL9 9j1..co)t1.99,i.00,i I i1 -- 0 \\ 19 PC \\\ Hi JCQ AL CAM I i 1 CL () '4180 70 Gs LOT 49 L_ 20' EXIST. 20 WIDE EASEMENT TO 66010.0 CABLE TV RECORDED " 8-17-1982 AS FILE NO. 82-204375. OF 0.6, LOT 2 0090.0.10 2.7869C. LOT 1 9.4/6 AC. EON'. - an --1 - - No. - = : , - - 15719 CARLSBAD TRACT NO. 05-05 2 IA COSTA GREENS NEIGHBORHOOD 1.16 pu.r nr SURVEY cuFcT FOUND 2' IRON PIPE 41111 DINE STAMPED / J '0.09-153 L.S. 6275' STATION CLSM- 153 PER (ICY OF C4.NLSOSO J5, f 2 T/ SURVEY CONTROL NITWOR'( AS ESTABLISHED 511 P.0.5. NO. 17271. PURL/ONES AIRS FOUND /3283, CCS'RJ, ZONE 6 COORDiNATES 0/I N 7,904.962.633 -GRID E 5,204.691.373 / Dv. 130.632 (NO.0 P29) / 0 150 200 3(10 -- - 100' LOT -I CARLSBAD TRACT jfD. 77-8(A) MAP NO. 1009) -'FO STRS'E1' 7 'tS MONUMENT WIlDS TO STREET 5059' PER PM 76044, MONUMENT 9900 W/OISC NEC ACCEPTED .55 / ,'18702' PER ( AMP 74543. \ , CENTERUNE ROD 17093 0- / ON I 06947101S' 368.58 (366.75) 46056) (909 I40'oo) \'iI846 ON. PM 9043 PARCE-). 2 L.a) (5 SHEET 3 OF 6 SHEETS BASIS OP BEARINGS THE 9.4S,S OF 60491905 FOR TRIO SURVEY IS TA,E CALIFORAOR COORDINATE NI'STRM - 1983. ZONE 41. 7991.35 (P00.1, NORTO AMER,CAN 00100.4 OF 7983 (114003), GRID BEAR.NOO BET/SEEN STATION CLS8-I53 AND SF9 NON CLSS-070 A$ SAID COOR0159TES ARE P09115000 IN THE CITY OF C,AR15000 SURVEY CONTROL NETWORK ESTAOLISNEO BY RECORD OF SURREY .739 NO. 77271, FILED IN TIRE 050CC OF DIE IRON 0/EGO COUNTY RECORDER ON YEDRL/ART 8, 2002. IC- II 364712' 9 PRFENE.'RCEO 06'ARl.SOO 1111047 OIlIER DOCLIMCNIS/OEEOS 4547 OR MAY NOT BC I/I TERMS OF 0410 SYSIOII. TIlE COMB/LCD SCALE FACTOR AT STATION CI.59- 103 IS 0.999960600. 0910 DISTANCE 0006110 DISTANCE A COMBINED SCALE FACTOR. IllS RAP lAOS BEEN TIEO TO FIlE CALIFORNIA COORDINATE SYSTEM (C0563) FOR THE ESTAOLIS/RMENT OF 71/C OASIS OF BEAR,WOS 500614 1/CREOlE. TI/IS HAS RESULTED IN 0 R00'0003' CLOCIES'ISE ROTATIONAL DIFFERENCE BETWEEN ALL OEAPIIAGS 51/5664 ON lAOS MAP 9110 T1IOSC REARP.'SO 5110914 OIl TIRE UNOFRL 11715 MAP NO. 21513. INDICATES FOUND ,%ONUMENT 40 NOTED. .TIOIEATES 6101 SET 20,20 IRON PIPE ST'0 AMPED '1.0. 7322' IN LIED OF 5/9' RERAR 0/ PLASTIC CAP STAMPED S 7322 P.M. PER M. S 9755, INDICATES 70000 2 1050 PIPE NT.NIIPCO 0.5. 7322' PER PAR NO 19704. o INDICATES WIU, 5ET 2' / 24" tRON PIPE SlITS TAG STAMPED 0.5. 7.'22 A 1110/SATES STREET 41014 MONUMENT STAMPED tS 7322' PER P.M. 19734, (NOT SET PRIOR TO RECOASAIIO'l OF lOIS OAR) ,Zo2Z INDICATES ABUTTER'S .510015 OF ACCESS RELINSUISATED PER 1440 NO. 00043. IlIDICA IRS PCC0140 DATA PER MAP NO. 14543. ] IIIDICATES RECORD DATA PER PARCEL IMP NO. i97S4. AC. I'IOIcA TEN ACRES. (0) INDICATES 04091 REARING. INDICATES SUOOIUISIDN MAP BOUNDARY. 100104 TED FOUND STREET SURVEY MONUMENT STAMPED IS 2322' PEP 0.14 79794. 91 I/IDEATES FSUNO LEAD B DISC STAMPED 15 7322" IN 109 OF CURD AT AN OFFSET OF 075' PEM P.M. 75754. NOTLTI I TOTAL 'lOOSER OF LOTS IS 2. TOTAL GROSS AREA IS 11.002 ACRES UNLESS OTI/EPV/ISC SHOWN. ALL CURVES ARE TA/bENT CON yES. A. AU DISTANCES AND/OR STREET WIDTHS 51/050 9/TROUT DECIMALS REPRESENT rIOT DISTANCE TO ZERO ODNOREDINC EASEMENT NOTES COlOn/ID SAN DIEGO GAS AND ELECTRIC COMPANY CASEMENT SCM DOCUMENT RECORDED OCTOBER 30, 2003 AS FILE 55 200.01379753, OFIRCIAL RECORDS, IS BLANKET CASEMENT v77.1l NO 00C14'IDN 5(1' FORTH IN REED AND CANNOT BE PLOTTED ON MAP. CCS'8.0 ZONE S COORDINATOR N 1,9601394.272 -GRID - E16,250. 125.563 MAP '10057 N 1,988,704.407 -GROUND C 6.250.125.562 LOT I GAFILSBAO TRAcT No, 81-3 MAP i\)O, 10230 I. couTIRs o0" AS6 1O FOUND 2 IRON RISE 411111 DISC STARISOS TE4SR-070 LS 62U' S1SIISN 0.3.9-070 PER CITY OF CARLSBAD SURVEY CONTROL NETAIORO AS ESTABLISIIEO 87 RO.0 NO. 17271. PUBLISHED AND ROUND 164063. MOUSER DELTA RADIUS I LENOYI/ I rC l 131131' 370.00 55.19 I IC2 771117' 405.00 119.99 I CJ 162157' 370.00 1105.67 ICA 51135ET 29.00 25.04 I lEO I449'0ET 21000 (02!_,J fEE 53IL2ET 370.00 2)/96,J MONUMENTA liON NOTES LQLO, UNLESS OT..EP4'ROE SI/OWN ON THIS MAP, FRONT LOT CORNERS AND P01.5/S or CURIE .40000 SIDELINES Or ."UOLIC OTREETS WILE DC OCT 71151 1040 AND DISC STAMPED '1.5. 7322' IN TIlE ISP OF 0.918 ON 9 9.75' 00 72.70 OFFSET FROM DIE PROPERlY ISlE 410110 ME PROLONGATION OF TI/C LOT LINE OP RADIAL ID POINT OP CUR/Cl IN TIRE 'FN,' INC 46060 TINES OF SOD'OUPEIRTO CANNOT RE SET DUE TO UNFORNEETI lRCUMSlANEES, T/IEN 4 TAO OR DISC MARKED 'IS. 7222' PILL ME SET IN CONCRETE, STONE OR METAL AT THE TRUE POSITION' CALLED FOR 67 TM,S MA". SEC OE11ERREU MONUMCNTATIO,N NOTE ON DIICET 1, LOT (5 VICINITY MAP CITY OF CARLSBAD CT 05-05 7887 - 0495 27800 05 92727 FM 14 CR074 077374 1.16 4/7OD.06[JJLI7'O22X8IO7137 GRADING PLAN: DWG NO. 444-2A NOD 83 CAL. C0001D. INDEX: 1982-6550 - EM (8788) 55.8-7474 5331 090.77 I I i I 1 n I (icE 11 c9i,.coNicg93.5c,:00N -- - 1/ - Ci 11 --t \ I kz / I — 0 - EL CAMINO REAL I I I I 730/lvd \ L1. 9'06PVd I (o9.,9r.o96) (/460.9,.689L./ Z (61890) .96691 .4t01.lo.6011 1101173S831M / \ 838.06191 35I783133 $ 338. 3100/0/ 11120404/00 '90094 '14 938.6026 123615 QJ57. 30144 1103110,50/7 103810 63--' 16001. '0/) dV,/V (V)9-L2 Qf' ,).0VW CVE?97U7/0 1.107 9 207 fl393o 0O,7tc .0370!j6 93 0.6 00010 I .006/0! 53 000/1 0002 .96,35116 *3 ioc0 00011 .1630191 13 66611 00000 .01,13 21 03 6159 6O'OLC .1371/0/ 3 010437 515009 35730 9398/114 ,66!..l 31635 - ".- 4 - - 006 090 004 9 '1 / Occ9-961 x37.39 '7.8003 183 V3 0/78 V-8 ON 0MG O-QO 13 UVUS1IV3 dO AJAJ 416169 '00 940/6100(M) 4/03 - 1c'10900/1-60'4rL'960094 911 39013 04143 37 471 44409 90 89310 9936 - 423 ~h dVfrV Al/NIOIA '1 13350 60 310/1 60/191630/6900 03883100 33$ 8813 5/1/1 AS 1001 0309'i 60,1,500 209/ 2.51 10 401544 6029015 31.303003 61 LOS 36 7701 .0600 57. 023800/ 3010 60 36/ 8 1/3101 5331/3'IS/11136/3 1336603,60 01 300 135 38 1051/83 $.111316/lI040 10 63841 38083' 311/ .167/3 31/1 6/ 38903 .60 11801 61 79001 80 3467 107 3111 .10 600902507091 391 35070 271,7 1/838008 3101 6084 135130 .60/11 80 .006 3' 50 9803 .00 /40.1 3/11. 11/ .0636 6'. 631/16,5 3010 0814' 6037 /0101 LOS 58 77.9 013591$ 3/160e 30 536/730/5 01,'0703149/73 .10 56008 0.79 5936603 107 17/08/ 8.99 S6.l 410 .000115 35.6383910 003760 S3I0N HaLL Y1N3VnWOPL 80.9 60 5.011071 39 1010502 611* 5350 5/ 51601 .133 ,505 .707 ON 711144 ff1203502 13011679 V $1 /1000338 70/3430 '3616/1/ -1000 00 3741 60 3000 '0/ 8380130 05090131 103190300 958 163/73540 .31,08003 3917331 64/9 500 053/0 /11*5 0511 6/83 S3ION 1N3!Y3SV3 6461 536011/711 083% 01 3350/SIC 1.01/1 162529136 51017/350 1001119 /1*055 551001 133815 80/07,0 0331065/0 710 .9 53.9603 15231161 360 53/803 47/1 64/085 35/4183010 553106 6 53813' 0001 I SI 038? 55083 7.0101 0 1 51 5107 30 8206011 734101 .1 *6181 098 838 .616 30 335410 1/01 1? 6603 30 601 /8 .6010 57,, 62644115 35/0 0/ 6027 0/4001 501036151 61 7619, 49' 1028 .1066 517 031080/S 110519011021 1.38905 122815 06003 S37/ 93,010 1.8105009 800/ 60/719,0805 531030111 06/03036 70/008 S3103,041/ (8) 53631 53102/0/11 IV .0610, ON 046'! 7239*8 831 6106 050328 S31.03/0/S I I 05 8*14 838 9/00 060328 53,03101/ 1/160/ ON 84/1! 63, 034510010738 603156 30 61/40/6 £0311fl94' 5' 02071 777777 (s4" 5151 30 5050090.338 01 50/40 .05 10,6) '86061 3419 938 163L •S•'L 0300/75 1530116001 173,31 133615 53103165? V 2Ol0 5•17 0388715 337/ '116/ 36/6 506/ .0/1 .9 .6 135 47/0 531*51011/ 0 9616/ 09 648 620 .0161 67, 02866,5 38/0 9/00/ 6 540703 551931011 0 06/61 /141 64 838 .0/161 57. 03804015 803 2/1507.1 /4/ 89939 .6/6 30 03/1 NI .1011 •0'7 02,0115 26811/09/ .9060 545 77144 03102/06/ I.) 03106 SO 11/200/109' 06003 03103106/ 0 1069! 'ON 8049 5/9/79505/1 24/1 110 60/066 005/8938 35061 016 8V6 5116 110 18005 63108030 770 5329136 33528333/6 7'0A'0113'108 36/0/2.3073 .47,00.006 /1 Ni 6215/538 5164 6/1/1 503636 4/4/055 651,19039 30 010/10 3,41 30 1/1316/15110 0152 3101 103 (09533) 0033025 31411/09003 6690,17*3 31/,/ 01 035 0339 50/1 o93 5/Ill 001309 378715 036.8903 0 23.56,510 063060 336/7316 0/95 0590066605 SI /51-0523 5011015 1? 801303 373030 6371/8003 2H1 8131515 0/95 30 58/031 .11 39 ION 0041 80 1410 50300/516380200 831/10 93093 $01118630 0334380121 X, .01,10/91 71 di /1006 '9 16000931 110 673080338 106003 002/0 113'S 31/1 .60 334130 3111 5/ 021/3 '/101! 0/1 8444 13490$.40 080138 .19 031/5669153 09310125 70911107 131806 09057802 4011/3 3101 NI 03115/4608 364' 55199/08003 - 0/45 57 016-9673 606816 071/1 Cd -8573 005015 63241138 556/6638 6/61 '(/9009o) 1964 30 /6/71*6 693.8389 91805 '93092 60/601 14 300Z '1961 - 013151.0 3191,','06003 8118031701 314/ 5/ 104805 5//a 803 556/6028 30 55001 361 SOM'V38 .LO S/SVS S1HS 9 iO C ILHS 6IZT 9/./07 729 9106 I ,L07 1/ 80 30 '38/196/1-69 / /14/37/1 57' 6994711-9 I .4 03060338 61 278303 673/4403 A 01 1530366 2614,4 .0/1 55183 o4" I 11 I OSlO!. 'OI( dVVV I/ 0/80 -: / 5o66 /9 Gb 10V1ICVS"7'V0 7. /__ I 99 I .S3I VN/08003021100 5., ••_'._ /1/5 .011/ / ,790'601'060'9 3 im 137.8 4 '18,013 '18.0/7' 06003 0718 63/5/7800 / 1066081 .19 03/101760150 606809136 70817103 1,39805 ''. . - / 055000" 100760'999'l 14' (60. 0/1011) 9490 3 / 09951693301117 ['::;3 I' '-._ , 43' ' '4 \"F.9. 29001. '03 dV(( £0$61I'066'9 3 6/806 016'*61906'? N /81 8 NoLm's .5 02844715 35/5 1/1/04 588 6081.0 046003 ,J '-'-- ._1m 133HS .A3MflS JO 3dflC32OYd ''6'i113 \'7.3 666046 0/11051 0110 0365/7900 '/1/111 9r1 OOHIOUTh9I3A( SN99 V4LSO3 V7 ''"-' 010 301.1/3838 90-90 0N J3VYJ GVUS71VD , - '- - - - - , - m m mw '- - ,- - ,- - \•./U / - _- 'a r L _ _ LflR TENTATIVE MAP 11-77pp6jkCr BOUNDARY BOUNDARY A. 1 / i' ) \ NEIGHBORHDD SEE TENTATIV E/ MA7/ :. 1 - - :'---- ol /•/ 'PROJECT BOMtlDiRY-'' / TIJ__ /7 - 7 PROJECT BOUNDARY / I 4' , •# ' — --• 9-t. - I. .NEIG-B0RH 00Drn VLOPME1 PLAN . zc SOP 01-17 I / / . _-- Ik / / / Jci - - :' j-•-• O 1 91I:/ PREPARED BY TENTATIVE MAP/CONDOMINIUM PERMIT SHEET WIVEMAA c HUNSAKER LA COSTA GREENS 4 & ASSOCIATES OF PFIOJECTBOUWOAAY I ASTER WN NEIGHBORHOOD 1.16 BOUNDARY CITY OF CARLSBAD CALIFORNIA 5 IIH I I I LII I I D I I ri I I I I I I I EXHIBIT 5 I ASSESSOR'S PARCEL MAPS I E2 2) G) /SHT 2 . SAN DIEGO SHI 2 AC b22 .. T 2 •&%44If4Q. 425 SHI \a X-0 861 .. . . SHI1 . 7*3 S-IT 2 . . 3.0 AC \ 10/06/2008 FOR 28 POR •3.3 AC .. . ''t' — lit 'o 24QAC 28 SHT it. G 43 . -. - 430j m 01 & ' i z •' . . . -\ /• . 9-41. . 27. z . - .. - 1*2 2.8SAC 13.33AC . - \6r' . --• • - OPE 91 N OPEN 34 2•') SPACE SPACE ®-:1- _ 215 __ ____ SHI 3 ' / - -1 SHI 1 27 ___ . &20 1' AMBER LN29 15 f\ ,_1. ,o SHT / SHT 3 3 LAPIS RD - 0 -.• . ,) JR . _ 4GOLDSTONERO 54 TIGEREVE Pt. 12 11* / 86 AC 6' GALENA AVE Cl-IA. . :r. f . \IJ 74 SEE .AD•JPG FOR BRG&DIST oi,J AM m1: S-I 7 8 PASEO cM.DELERO I £4 f15 ap 42 * , __. . - c' PUBLIC iu. EASEMENT 10* OPEN SPACE fE SEE ADJACENT PAGES .Tk •i -: •OAC• :- .•••• .1 e24 FOR BEARINGS -\ 1_-- i2 TOURMAUNE Pt (PRIVATE) 4- SHI 14 BERYL WAY (PRIVATE) - 8 Z 160 UERCURY PL (PRIVATE) 24 W, 2.44 AC 15* FELDSPAR PL (PRIVATE) 3 t 15 .12.67 A lit OPEN 2 007 lit SHT 3 ° 1 v 156 lot 1;OT AC *0 ( 37 ALGA RD --i - (7 .i 4 ® \ 0.86 NN / lit . AC J22 . . . 215 OZ4"F MAP 15719 - CARLSBAD TCT NO .05-05 LA COSTA GREENS NEIGHBORHOOD 1.16 HT .1 MAP 14984— CARLSBAD TCT NO 03-01-01 LA COSTA RESORT .& SPA - .MAP 14543— CARLSBAD TCT NO 99-03. LA COSTA GREENS. SHT 1 . S '-3 0 I I I I 1 I I I I I 1 I I I Li I ri: EXHIBIT 6 I AMENDED ASSESSMENT DIAGRAM I - - - - - - - - - - - - - = - - = I- - VICINITY MAP - N.T.S. JN NOT TO SCALE AMENDED ASSESSMENT DIAGRAM OF ASSESSMENT DISTRICT NO. 2002-01 (POINSETTIA LANE EAST) CITY OF CARLSBAD COUNTY OF SAN DIEGO STATE OF CALIFORNIA AMENDING ASSESSMENT NUMBERS 34-1-1 AND 34-1-3 m t i l-mor; SHEET I OF I FILED IN THE OFFICE OF THE COY CLERK OF THE CITY OF CARLSBAD. THIS _,,_ DAY OF__________ CITY CLERK CITY OF CARLSBAD RECORDED IN THE OFFICE OF THE SUPERINTENDENT OF STREETS, CITY OF CARLSBAD, THIS DAY OF .200 SUPERINTENDENT OF STREETS CITY OF CARLSBAD THIS AMENDED ASSESSMENT DIAGRAM AMENDS THE ASSESSMENT DIAGRAM OF ASSESSMENT DISTRICT NO. 2002-01, CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. PRIOR RECORDED THE 5Th DAY OF MAY, 2004. IN BOOK 38 OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS AT PAGE 37. DOCUMENT NUMBER 2004-0404503 IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. LEGEND FILED THIS,,,__,OAY OF_____________ 200_ AT THE HOUR OF O'CLOCK_ .M.. IN BOOK OF MAPS OF ASSESSMENT AND APPORTIONMENT BOUNDARY COMMUNITY FACILITIES DISTRICTS AT PAGE(S) AT THE REQUEST OF THE CITY OF CARLSBAD MAP REFERENCE NUMBER IN THE OFFICE OF THE COUNTY RECORDER OF THE ( PREVIOUS MAP REFERENCE NUMBER li I1 COUNTY OF SAN DIEGO, STATE OF CAUFORNIA. FEE: çt INSTRUMENT. NO.:____________________ GREGORY J. SMITH, COUNTY RECORDER RD BY DEPUTY. COUNTY RECORDER COUNTY OF SAN DIEGO C4-1) NOTE FOR PARTICULARS OF THE LINES AND DIMENSIONS OF ASSESSOR'S PARCELS, REFERENCE IS MADE TO THE MAPS OF THE SAN DEIGO COUNTY ASSESSOR OF SAN DIEGO COUNTY RECORDS WHICH MAPS SHALL GOVERN I I::7iI,-c1 FOR All DETAILS RELATING THERETO. REFERENCE: TRACT NO. 0545 DOCUMENT NUMBER: 2008-0603312 PREMOLISASSESSMENTS AEs&elr nasss rA /' PWPO. 10. FA.PO I0SOWTIC1 = 0O [!,!i Financial Services MEIEWAWES5656.1IS 273581.11 LIElISIS. 51.1. 110 OIl' I10l'elT I'056111, CA 85880 Il 10. 10 101SSSI -11A%051.587.3550 Ph" 9511.W7.3510 In 1.00 LI1I5SEPEX CPDU0CTCT00 (11011101.06 3208094-14 SEPTEMBER 2009 I I I I [1 I [1 I I I Li] I I 1 I I I EXHIBIT 7 I NOTICE TO BONDHOLDER I I El CERTIFIED MAIL .WILLDAN extending your W. Financial Services reach Dated: September 22, 2009 I Stone and Youngberg Attn: Bill Huck 4350 La Jolla Village Drive, Suite 140 San Diego, GA 92122. I NOTICE To BOND HOLDER DIvIsioN OF LAND AND ASSESSMENT NOTICE IS HEREBY GIVEN to you as the original purchaser of the bonds issued by the City of Carlsbad to represent the unpaid assessments relating to the construction of certain public Improvements in an assessment district known and designated as Assessment District No 2002 -01 (Poinsettia Lane East) Said bonds were issued pursuant to the terms and provisions of the "Improvement Bond Act of 1915' Division 10 of the Streets and Highways Code of the State of California. NOTICE IS HEREBY GWEN that an apportionment has been made by the property owner of a assessment relating to the assessments and parcels as indicated by the enclosed report. NOTICE IS HEREBY GIVEN that unless a request Lot a public heal'ifig is received within fourteen (14) days from the date of this Notice, the above apportioned assessments shall be recorded in the manner and form as required by law. If you have any further questions, please contact the undersigned at the Office of the Director of Public Works/City Engineer at the following address: Mr. Marshall Plantz jenifer Storsteen Senior Civil Engineer Wtlldan Financial Services City of Carlsbad- 27368 Via Industua, Suite 110 1635 Faraday Temecula, CA 92590 Carlsbad, CA 92008 951) 587-3500 This procedure is pursuant to the provisions of Part 10.5 of Division 10 of the Streets and Highways Code of the State of California and the "Improvement Bond Act of 1915". Wilidan Financial Services I On behalf of the City of Carlsbad I Jenifer Storsteen, Analyst District Administration Services I I I Engineering I Geotechnical I Environmental I Financial I Homeland Security 866.807.MUNI (6864) 1 fax: 951.587.3510 1 27368 Via Industria, Suite 110, Temecula, CA 92590 1 www.witldancom P I H I P1 I I 1 I I I I 1 I EXHIBIT 8 NOTICE OF AMENDED ASSESSMENT I RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 NOTICE OF AMENDED ASSESSMENT CITY OF CARLSBAD ASSESSMENT DISTRICT NO. 2002-01 (POINSETTIA LANE EAST) AMENDING ASSESSMENT NOS. 34-1-1 AND 34-1-3 (CARLSBAD TRACT MAP CT 05-05) Pursuant to the requirements of Section 3114 of the Streets and Highways Code of California, the undersigned City Clerk of the City of Carlsbad, County of San Diego, State of California, hereby gives notice that an amended assessment diagram and assessment were recorded in the office of the Superintendent of Streets of the City of Carlsbad, as provided for in said Section, and relating to the real property more particularly described on that certain amended assessment diagram filed in accordance with said Section on 200_ as document number in Book of Maps of Assessment and Community Facilities Districts at Page in the office of the Recorder of the County of San Diego. Said amended assessment diagram amends the assessment diagram "Assessment District No. 2002-01 I (Poinsettia Lane East)" filed the 5th day of May, 2004 as Document Number 2004-0404503 in the office of said County Recorder in Book 38, Page 37 of Maps of Assessment and Community Facilities Districts. Reference is made to the amended assessment diagram and assessment roll recorded in the office of said Director of Public Works (Superintendent of Streets) of the Carlsbad for the amount of each of the amended assessments. Exhibit "A" hereto attached, and by this reference incorporated herein, shows the parcels subject to the amended assessments. DATED: , 200 City Clerk City of Carlsbad County of San Diego State of California I I I I fl I I LI I I I I I I I I I EXHIBIT A AMENDED ASSESSMENT ROLL I I DATE September 22, 2009 ASSESSMENT DISTRICT 2002-01 (POINSETTIA LANE EAST) CARLSBAD TRACT CT 05-05 CITY OF CARLSBAD SAN DIEGO COUNTY PREVIOUS ASSESSMENTS ASSESSMENT ASSESSOR'S PARCEL OWNER OF NO. PARCEL NO. DESCRIPTION RECORD 34-1-3 213-112-08 CARLSBAD TRACT NO. 99-03, LOT 16 K B HOME COASTAL INC 34-1-1 213-112-37 CARLSBAD PARCEL MAP NO. 19754, PARCEL 1 KB HOME COASTAL INC AMENDED ASSESSMENTS ASSESSMENT ASSESSOR'S PARCEL OWNER OF NO. PARCEL NO. DESCRIPTION RECORD 34-1-3/1-1 UNASSIGNED CARLSBAD TRACT CT 05-05, UNIT 1 K B HOME COASTAL INC 34-1-3/1-2 UNASSIGNED CARLSBAD TRACT CT 05-05, UNIT 2 K B HOME COASTAL INC 34-1-3/1-3 UNASSIGNED CARLSBAD TRACT CT 05-05, UNIT 3 K B HOME COASTAL INC 34-1-3/14 UNASSIGNED CARLSBAD TRACT CT 05-05, UNIT 4 K B HOME COASTAL INC 34-1-3/1-5 UNASSIGNED CARLSBAD TRACT CT 05-05, UNIT 5 K B HOME COASTAL INC 34-1-3/1-6 UNASSIGNED CARLSBAD TRACT CT 05-05, UNIT 6 K B HOME COASTAL INC 34-1-3/1-7 UNASSIGNED CARLSBAD TRACT CT 05-05, UNIT 7 K B HOME COASTAL INC 34-1-3/1-8 UNASSIGNED CARLSBAD TRACT CT 05-05, UNIT 8 K B HOME COASTAL INC 34-1-3/1-9 UNASSIGNED CARLSBAD TRACT CT 05-05, UNIT 9 K B HOME COASTAL INC 34-1-3/1-10 UNASSIGNED CARLSBAD TRACT CT 05-05, UNIT 10 K B HOME COASTAL INC 34-1-3/1-11 UNASSIGNED CARLSBAD TRACT CT 05-05, UNIT 11 K B HOME COASTAL INC 34-1-3/1-12 UNASSIGNED CARLSBAD TRACT CT 05-05, UNIT 12 K B HOME COASTAL INC 34-1-3/1-13 UNASSIGNED CARLSBAD TRACT CT 05-05, UNIT 13 K B HOME COASTAL INC 34-1-3/1-14 UNASSIGNED CARLSBAD TRACT CT 05-05, UNIT 14 K B HOME COASTAL INC 34-1-3/1-15 UNASSIGNED CARLSBAD TRACT CT 05-05, UNIT 15 K B HOME COASTAL INC 34-1-3/1-16 UNASSIGNED CARLSBAD TRACT CT 05-05, UNIT 16 K B HOME COASTAL INC 34-1-3/1-17 UNASSIGNED CARLSBAD TRACT CT 05-05, UNIT 17 KB HOME COASTAL INC 34-1-3/1-18 UNASSIGNED CARLSBAD TRACT CT 05-05, UNIT 18 K B HOME COASTAL INC 34-1-3/1-19 UNASSIGNED CARLSBAD TRACT CT 05-05, UNIT 19 K B HOME COASTAL INC 34-1-3/1-20 UNASSIGNED CARLSBAD TRACT CT 05-05, UNIT 20 K B HOME COASTAL INC 34-1-3/1-21 UNASSIGNED CARLSBAD TRACT CT 05-05, UNIT 21 K B HOME COASTAL INC 34-1-3/1-22 UNASSIGNED CARLSBAD TRACT CT 05-05, UNIT 22 K B HOME COASTAL INC 34-1-3/1-23 UNASSIGNED CARLSBAD TRACT CT 05-05, UNIT 23 K B HOME COASTAL INC 34-1-3/1-24 UNASSIGNED CARLSBAD TRACT CT 05-05, UNIT 24 K B HOME COASTAL INC 34-1-3/1-25 UNASSIGNED CARLSBAD TRACT CT 05-05, UNIT 25 K B HOME COASTAL INC 34-1-3/1-26 UNASSIGNED CARLSBAD TRACT CT 05-05, UNIT 26 K B HOME COASTAL INC 34-1-3/1-27 UNASSIGNED CARLSBAD TRACT CT 05-05, UNIT 27 K B HOME COASTAL INC 34-1-3/1 -28 UNASSIGNED CARLSBAD TRACT CT 05-05, UNIT 28 K B HOME COASTAL INC 34-1-3/1-29 UNASSIGNED CARLSBAD TRACT CT 05-05, UNIT 29 K B HOME COASTAL INC 34-1-311-30 UNASSIGNED CARLSBAD TRACT CT 05-05, UNIT 30 K B HOME COASTAL INC 34-1-3/1-31 UNASSIGNED CARLSBAD TRACT CT 05-05, UNIT 31 K B HOME COASTAL INC 34-1-3/1-32 UNASSIGNED CARLSBAD TRACT CT 05-05, UNIT 32 K B HOME COASTAL INC 34-1-3/1-33 UNASSIGNED CARLSBAD TRACT CT 05-05, UNIT 33 K B HOME COASTAL INC 34-1-3/1-34 UNASSIGNED CARLSBAD TRACT CT 05-05, UNIT 34 K B HOME COASTAL INC 34-1-3/1-35 UNASSIGNED CARLSBAD TRACT CT 05-05, UNIT 35 K B HOME COASTAL INC 34-1-3/1-36 UNASSIGNED CARLSBAD TRACT CT 05-05, UNIT 36 K B HOME COASTAL INC 34-1-3/1-37 UNASSIGNED CARLSBAD TRACT CT 05-05, UNIT 37 K B HOME COASTAL INC 34-1-3/1-38 UNASSIGNED CARLSBAD TRACT CT 05-05, UNIT 38 KB HOME COASTAL INC 34-1-3/1-39 UNASSIGNED CARLSBAD TRACT CT 05-05, UNIT 39 K B HOME COASTAL INC 34-1-3/1-40 UNASSIGNED CARLSBAD TRACT CT 05-05, UNIT 40 KB HOME COASTAL INC 34-1-3/141 UNASSIGNED CARLSBAD TRACT CT 05-05, UNIT 41 K B HOME COASTAL INC 34-1-3/1-42 UNASSIGNED CARLSBAD TRACT CT 05-05, UNIT 42 KB HOME COASTAL INC 34-1-3/143 UNASSIGNED CARLSBAD TRACT CT 05-05, UNIT 43 KB HOME COASTAL INC 34-1-3/1-44 UNASSIGNED CARLSBAD TRACT CT 05-05, UNIT 44 K B HOME COASTAL INC 34-1-3/145 UNASSIGNED CARLSBAD TRACT CT 05-05, UNIT 45 K B HOME COASTAL INC 34-1-3/1-46 UNASSIGNED CARLSBAD TRACT CT 05-05, UNIT 46 KB HOME COASTAL INC 34-1-3/147 UNASSIGNED CARLSBAD TRACT CT 05-05, UNIT 47 K B HOME COASTAL INC 34-1-3/148 UNASSIGNED CARLSBAD TRACT CT 05-05, UNIT 48 K B HOME COASTAL INC 34-1-3/1-49 UNASSIGNED CARLSBAD TRACT CT 05-05, UNIT 49 K B HOME COASTAL INC 34-1-311-50 UNASSIGNED CARLSBAD TRACT CT 05-05, UNIT 50 K B HOME COASTAL INC 34-1-3/1-51 UNASSIGNED CARLSBAD TRACT CT 05-05, UNIT 51 K B HOME COASTAL INC 34-1-3/1-52 UNASSIGNED CARLSBAD TRACT CT 05-05, UNIT 52 K B HOME COASTAL INC 34-1-3/1 -53 UNASSIGNED CARLSBAD TRACT CT 05-05, UNIT 53 KB HOME COASTAL INC 34-1-3/1 -54 UNASSIGNED CARLSBAD TRACT CT 05-05, UNIT 54 K B HOME COASTAL INC 34-1-3/1-55 UNASSIGNED CARLSBAD TRACT CT 05-05, UNIT 55 K B HOME COASTAL INC 34-1-3/1-56 UNASSIGNED CARLSBAD TRACT CT 05-05, UNIT 56 K B HOME COASTAL INC 34-1-3/1-57 UNASSIGNED CARLSBAD TRACT CT 05-05, UNIT 57 K B HOME COASTAL INC 34-1-311-58 UNASSIGNED CARLSBAD TRACT CT 05-05, UNIT 58 K B HOME COASTAL INC I I I I I H I I I H I I I I I I EXHIBIT A AMENDED ASSESSMENT ROLL ASSESSMENT DISTRICT 2002-01 (POINSETTIA LANE EAST) CARLSBAD TRACT CT 05-05 DATE CITY OF CARLSBAD September 22, 2009 SAN DIEGO COUNTY AMENDED ASSESSMENTS ASSESSMENT ASSESSOR'S PARCEL OWNER OF NO. PARCEL NO. DESCRIPTION RECORD 34-1-3/1-59 UNASSIGNED CARLSBAD TRACT CT 05-05, UNIT 59 KB HOME COASTAL INC 34-1-3/1-60 UNASSIGNED CARLSBAD TRACT CT 05-05, UNIT 60 KB HOME COASTAL INC 34-1-3/1-61 UNASSIGNED CARLSBAD TRACT CT 05-05, UNIT 61 K B HOME COASTAL INC 34-1-3/1-62 UNASSIGNED CARLSBAD TRACT CT 05-05, UNIT 62 KB HOME COASTAL INC 34-1-3/1-63 UNASSIGNED CARLSBAD TRACT CT 05-05, UNIT 63 K B HOME COASTAL INC 34-1-3/1-64 UNASSIGNED CARLSBAD TRACT CT 05-05, UNIT 64 KB HOME COASTAL INC 34-1-3/1-65 UNASSIGNED CARLSBAD TRACT CT 05-05, UNIT 65 KB HOME COASTAL INC 34-1-3/1-66 UNASSIGNED CARLSBAD TRACT CT 05-05, UNIT 66 KB HOME COASTAL INC 34-1-3/1-67 UNASSIGNED CARLSBAD TRACT CT 05-05, UNIT 67 KB HOME COASTAL INC 34-1-3/1 -68 UNASSIGNED CARLSBAD TRACT CT 05-05, UNIT 68 K B HOME COASTAL INC 34-1-3/1-69 UNASSIGNED CARLSBAD TRACT CT 05-05, UNIT 69 K B HOME COASTAL INC 34-1-3/1-70 UNASSIGNED CARLSBAD TRACT CT 05-05, UNIT 70 K B HOME COASTAL INC 34-1-3/1-71 UNASSIGNED CARLSBAD TRACT CT 05-05, UNIT 71 K B HOME COASTAL INC 34-1-311 -72 UNASSIGNED CARLSBAD TRACT CT 05-05, UNIT 72 KB HOME COASTAL INC 34-1-3/1-73 UNASSIGNED CARLSBAD TRACT CT 05-05, UNIT 73 K B HOME COASTAL INC 34-1-3/1-74 UNASSIGNED CARLSBAD TRACT CT 05-05, UNIT 74 KB HOME COASTAL INC 34-1-3/1-75 UNASSIGNED CARLSBAD TRACT CT 05-05, UNIT 75 K B HOME COASTAL INC 34-1-3/1-76 UNASSIGNED CARLSBAD TRACT CT 05-05, UNIT 76 K B HOME COASTAL INC 34-1-3/1-77 UNASSIGNED CARLSBAD TRACT CT 05-05, UNIT 77 K B HOME COASTAL INC 34-1-3/1-78 UNASSIGNED CARLSBAD TRACT CT 05-05, UNIT 78 K B HOME COASTAL INC 34-1-3/1-79 UNASSIGNED CARLSBAD TRACT CT 05-05, UNIT 79 KB HOME COASTAL INC 34-1-3/1-80 UNASSIGNED CARLSBAD TRACT CT 05-05, UNIT 60 K B HOME COASTAL INC 34-1-3/1 -81 UNASSIGNED CARLSBAD TRACT CT 05-05, UNIT 81 KB HOME COASTAL INC 34-1-3/1 -82 UNASSIGNED CARLSBAD TRACT CT 05-05, UNIT 82 K B HOME COASTAL INC 34-1-3/1-83 UNASSIGNED CARLSBAD TRACT CT 05-05, UNIT 83 KB HOME COASTAL INC 34-1-3/1-84 UNASSIGNED CARLSBAD TRACT CT 05-05, UNIT 84 KB HOME COASTAL INC 34-1-3/1-85 UNASSIGNED CARLSBAD TRACT CT 05-05, UNIT 85 KB HOME COASTAL INC 34-1-3/1-86 UNASSIGNED CARLSBAD TRACT CT 05-05, UNIT 86 KB HOME COASTAL INC I I H n U [1 H I I I I H I I I I I I I CITY OF CARLSBAD APPORTIONMENT AND AMENDED ASSESSMENT REPORT ASSESSMENT DISTRICT No. 2002-01, (POINSETTIA LANE EAST) AMENDING ASSESSMENT NUMBER 3-17-18-1 CARLSBAD TRACT CT 07-12 SEPTEMBER 2012 w LLDAN J ii Financial Services 27368 Via Industria Oakland, CA Orlando, FL Suite 110 Sacramento, CA Temecula, CA 92590 Tel: (951) 587-3500 Tel: (800) 755-6864 Fax: (951) 587-3510 .willdan.com I I I I 1 I I I I I I I I I I I I I I TABLE OF CONTENTS APPLICATION FOR APPORTIONMENT..................................................EXHIBIT I METHOD OF SPREAD..............................................................................EXHIBIT 2 REVISED SPREAD AMENDING ASSESSMENTS...................................EXHIBIT 3 CARLSBAD TRACT CT 07-12 AND CONDO PLAN................................EXHIBIT 4 ASSESSORS PARCEL MAPS..................................................................EXHIBIT 5 AMENDED ASSESSMENT DIAGRAM.....................................................EXHIBIT 6 NOTICE TO BONDHOLDER.....................................................................EXHIBIT 7 NOTICE OF AMENDED ASSESSMENT...................................................EXHIBIT 8 I I I I I I I I I I I I I I I I I I I I I I I I I I I p- I I I I I I 1 EXHIBIT 1 APPLICATION FOR APPORTIONMENT I I I I 4v_w> \/ CITY OF CAR LSBAD APPLICATION ASSESSMENT APPORTIONMENT E-20 Development Services Engineering Department 1635 Faraday Avenue 760-602-2750 www.carlthadca.gov I I Please complete the application in full. Refer to the attached instructions for assistance. Return completed form to: CITY OF CARLSBAD Development Services Engineering Counter 1635 Faraday Avenue Carlsbad, CA 92008 - 0-'77- 6U Own er/En qineer Phone Number 7l, L1-rf_ #? D, ax /3 , Vhi/L, 4 Street Address Poinsettia Lane East -AD No. 2002-0-1 Assessment District -Name and Number Tract map to vest 14 cornmerda! condominium units Project Description. Call the NBS Government Finance Group at (800) 676-7516 for District and/or Project Information Original APN(S) Legal Description Original Assessment Amount(s) 213-261-15 Lots 17 & 18. Map No. 14960 $225,424.04 I I I I I I Purpose (Please check one) X I Subdivision Map No.: Parcel Map No.: Lot Line Adjustment No.: Parcel Map Waiver No.: Number of new parcels: Tract Map Apportionment (five or more parcels) per Chapter 2, Section 66426 of the Subdivision Map Act (See the Fee Schedule attached) I I I I I I The undersigned, being the owner or interested party in property as set forth below, hereby requests the City of Carlsbad to apportion the amount remaining unpaid on the assessment(s) in accordance with the provisions of Part 10.5 of the Improvement Bond Act of 1915 or Part 51Chapter 5.5 of the Improvement Act of 1911 and said assessment is to be apportioned to each separate part of the,nginal lot or parcel of land the apportionate part of the amount remaining unpaid on the assessment that wou'avbeen levied thereon had the lot or parcel been so divided at the time of the - origin confirmation of assessme%7 / 'IZ.X App IRTANT: ant's Signature Da t / TWO COPIES OF THE FINAL MAP OR ADJUSTMENT PLAT (18"x 26" BLUELINE & 81/2" x 11" REDUCTION) MUST BE PROVIDED TO BE USED AS THE BASIS FOR THE AMENDED ASSESSMENT DIAGRAM I I E-20 Page 1 of 2 REV 717109 I I I I I I I I I I I I I I I I 1 I EXHIBIT 2 METHOD OF SPREAD I I City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 5 I Part III Assessment Roll and I Method of Assessment Spread On February 17, 2004 the City Council of the City Of Carlsbad, State of California, I did, pursuant to the provisions of the Municipal Improvement Act of 1913, (Division 12 of the Streets and Highways Code of the State of California), Article XlllD of the Constitution of the State of California, and the Proposition 218 I Omnibus Implementation Act (Section 53750 and following of the Government Code) (collectively, the "Assessment Law"), and in accordance with City of Carlsbad Policy 33, adopt its Resolution of Intention No. 2004-057, for acquisition I or construction of certain public improvements, together with appurtenances and appurtenant work in connection therewith, in a special assessment district known and designated as: I ASSESSMENT DISTRICT NO. 2002-01 (POINSETTIA LANE EAST) I "Assessment (hereinafter referred to as the District"); and lie WHEREAS, said Resolution of Intention, as required by the Assessment Law, did direct the Assessment Engineer to make and file a "Report", consisting of the following as required by Section 10204 of the Act: I Plans and specifications for the improvements proposed to be acquired or constructed in sufficient detail to show or describe the general nature, location I and extent of the improvements; A general description of the improvements proposed to be acquired and any I property necessary or convenient for the operation of such improvements; An estimate of the cost of the improvements and the costs of lands, right-of- way, easements, and incidental expense in connection with the improvements; I d. Assessment Diagram showing the Assessment District exterior boundaries, the boundaries of any benefit areas within the district and the lines and dimensions of each parcel within the district and the benefit areas I therein existing at the time of the adoption of the resolution of Intention; e. A proposed assessment of the costs and expenses of the improvements upon the parcels within the boundaries of the Assessment I levied District in proportion to the estimated special benefits to be received by each subdivision of property from the improvements; I Prepared by Galen N. Peterson March 29, 2004 I City of Carlsbad -Assessment District No. 2002-01 (Poinsettia Lane East) Page 6 I f. The proposed maximum annual assessment to be levied upon each subdivision or parcel of land within the Assessment District specially I benefiting from the improvements and for which the assessment is unpaid to pay the costs incurred by the City and not otherwise reimbursed resulting from the administration and collection of assessments or from the administration and registration of any associated I bonds and reserve or other related funds. 1 For particulars, reference is made to the Resolution of Intention as previously adopted a copy of which is included in Appendix "A" of this Report. I Law, NOW, THEREFORE, I, GALEN N. PETERSON, pursuant to the Assessment do hereby submit the following: Pursuant to the provisions of Assessment Law and the Resolution of I Intention, I have assessed the costs and expenses of the acquisition or construction of the improvements upon the parcels of land in the Assessment District specially benefited thereby in direct proportion and I relation to the estimated special benefits to be received by each of said parcels from the improvements. For particulars as to the identification of said parcels, reference is made to the Assessment IS Diagram, a copy of which is attached hereto. As required by Assessment Law, a Diagram is attached, showing the I Assessment District and the benefit areas therein, as well as the boundaries and dimensions of the respective parcels and subdivisions of land within said District and the benefit areas therein as I the same existed at the time of the passage of said Resolution of Intention, each of which subdivisions of land or parcels or lots respectively have been given a separate number upon said Diagram and in I said Assessment Roll. The subdivisions and parcels of land, the numbers therein as shown on the I respective Assessment Diagram as attached hereto, correspond with the numbers as appearing on the Assessment Roll as contained herein. U NOTICE IS HEREBY GIVEN that bonds will be issued in accordance with Division 10 of the Streets and Highways Code of the State of California (the "improvement Bond Act of 1915"), to represent all unpaid I assessments, which bonds shall be issued not to exceed the legal maximum term as authorized by law, i.e., THIRTY-NINE (39) YEARS from the 2nd day of September of the next succeeding twelve (12) months from the date of the bonds. Said bonds shall bear interest at a rate not to exceed the current legal maximum rate of 12% per annum. I Prepared by Galen N. Peterson March 29, 2004 I City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 7 • 5. By virtue of the authority contained in the Assessment Law and by further I direction and order of the legislative body, I hereby recommend the following Assessment to cover the costs and expenses of the acquisition or construction of the improvements for the Assessment I District based on the costs and expenses as set forth below: As Preliminarily As Finally I Approved Approved and Confirmed I General Construction and Incidental Costs less $ 34,995,291.23 $ 34,995,291.23 Benefit (1) Formation and Issuance Expenses 1,288,417.00 1,288,417.00 I Less Special Benefit Contributions (1,930,891 .12) (1,930,891 .12) Less Interest Earned I Total Capitalized Interest and Financing Costs 7,413,525.86 7,413,525.86 Assessment (2) $ 41,766,342.97 $ 41,766,342.97 I Subtotal Benefit Area No. 1(2) $ 29,417,441.97 $ 29,417,441.97 Subtotal Benefit Area No. 2(2) $ 12,348,901.00 $12,348,901.00 lie Total Assessment (2) $ 41,766,342.97 $ 41,766,342.97 For particulars as to the individual assessments and their descriptions, I reference is made to Exhibits 2 and A attached hereto. The general benefit not assessed is associated with a portion of Poinsettia Lane and El Fuerte as discussed in Exhibit A. An I amount equal to such general benefit will be contributed by the developers as a deduction from the purchase price for improvements to be acquired and not reimbursed from bond proceeds. 1 Included in the total assessment are projected individual assessments representing the special benefit from the I improvements to be conferred on public parcels (such as the school and park), non-profit organizations (such as open space parcels) and home owner association parcels to be created by the future ' subdivision of the existing parcels within the Assessment District. Assessments apportioned to such parcels upon the creation thereof will be contributed by the developers either as a deduction from the I purchase price for improvements to be acquired and not reimbursed from bond proceeds or, if the purchase price for all improvements has been paid at the time of creation of any such parcel, by a cash I contribution equal to the amount necessary to pay off any such assessment. I Prepared by Galen N. Peterson March 29, 2004 City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 8 I. Summary of Developer Contributions to Off-Set I General Benefit and Special Benefit Assessments Bressi La Costa I Ranch Greens (Benefit (Benefit I General Benefit Area No. 1) Area No. 2) Total Poinsettia Lane - Segment 1, Street $ 219,539.28 $ 193,460.72 $ 413,000.00 I Improvements Poinsettia Lane - Segment 2, Street $ 92,493.55 $ 81,506.45 $ 174,000.00 Improvements I El Fuerte - Street Improvements - $ 381,360.00 $ - $ 381,360.00 Total General Benefit $ 693,392.82 $ 274,967.18 $ 968,360.00 I Special Benefit - Parcels Owned by Public Agencies, Non-Profit Organizations and Home Owners Is Association (1) I Open City Park Space $ $ - $ 48,567.87 $ 460,797.79 26,635.11 $ $ 460797.79 75,202.98 Home Owners Association (HOA) - 20,140.16 $ 20,140.16 Total Special Benefit (1) $ 48,567.87 $ 507,573.06 $ 556,140.93 I Notes: Total Developer Contributions (1) $ 741,960.69 $ 782,540.24 $ 1,524,500.93 I (1) Additional future parcels which will be owned by Public Agencies, Non-Profit Organizations or Home Owners Associations are identified in Appendix F and the special benefits of these parcels will be apportioned at the time of subsequent subdivision of existing parcels. The assessments for these future I parcels will be contributed by the developers either as a deduction from the purchase price for improvements to be acquired and not reimbursed from bond proceeds or, if the purchase price for all improvements has been paid at I the time of creation of any such parcel, by a cash contribution equal to the amount necessary to pay off any such assessment. I 6. The Method and Formula of Spread of Assessment is as set forth in Exhibit "A" which is attached hereto, referenced and so incorporated I I Prepared by Galen N. Peterson March 29, 2004 I I I City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 9 ' Exhibit 2 Assessment Roll I Assessment Land Use As Preliminarily As Finally Number Approved Approved and Confirmed I i Planned Industrial $ 133,11009 $ 133,110.09 2 Planned Industrial $ 1,487,685.30 $ 1,487,685.30 3 Planned Industrial $ 2,832,724.07 $ 2,832,724.07 I 4 Planned Industrial $ 2,619,254.43 $ 2,619,254.43 5 Planned Industrial $ 1,741,701.50 $ 1,741,701.50 6 Single Family Development $ 2,493,790.47 $ 2,493,790.47 I 7 Single Family Development $ 1,526,810.49 $ 1,526,810.49 8 Single Family Development $ 2,417,449.94 $ 2,417,449.94 I 9 Single Family Development& HOA $ 1,802,430.14 $ 1,802,430.14 10 Single Family Development & HOA $ 2,155,046.02 $ 2,155,046.02 11 Single Family Development $ 815,981.03 $ 815,981.03 I 12 Single Family Development & HOA $ 2,319,874.24 $ 2,319,874.24 13 Church, Day Care & School $ 1,250,040.16 $ 1,250,040.16 14 Planned Industrial $ 74,691.03 $ 74,691.03 I 15 Retail, Office, Multifamily, Assisted Living, Boys & Girls Club and open space $ 5,746,853.07 $ 5,746,853.07 16 Open Space (OS) $ - $ - 17 OS (Assm'nt Contributed by Developer) $ - $ - 18 Open Space (OS) $ - $ - 19 Open Space (OS) $ • $ - I 20 Open Space (OS) $ . $ - 21 Open Space (OS) $ - $ - 22 Industrial/Business Ps, church, Day Care and TowntromeslSingle Family 0ev $ 1,127,846.77 $ 1,127,846.77 I 23 Open Space (OS) $ - $ - 24 Park (Assm'nt Contributed by Developer) $ - $ 25 Single Family Development & School $ 3,053,281.02 $ 3,053,281.02 I 26 Single Family Development $ 2,357,989.35 $ 2,357,989.35 27 Open Space (OS) $ $ - 28 HOA (Assm'nt Contributed by Developer) $ - $ - ' 29 Single Family Development $ 2,746,861.05 $ 2,746,861.05 30 Open Space (OS) $ . $ - 31 Single Family Development $ 512,367.86 $ 512,367.86 I 32 HOA (Assm'nt Contributed by Developer) $ - $ - 33 Multifamily (Affordable) (Assm'nt Contributed by Developer) $ - $ - 34 Townhome/Single Family Dev $ 2,550,554.95 $ 2,550,554.95 35 Open Space (OS) $ - $ - I 36 Open Space (OS) $ - $ - 37 HOA (Assm'nt Contributed by Developer) $ - $ 38 Open Space (OS) $ - $ - , 39 05 (Assm'nt Contributed by Developer) $ - $ - Total $ 41,766,342.97 $ 41,766,342.97 I Prepared by Galen N. Peterson March 29, 2004 I City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 10 i • EXHIBIT A METHOD AND FORMULA OF ASSESSMENT SPREAD I Since the improvements are to be funded by the levying of assessments, the Assessment Law requires that assessments be based on the special benefit that the properties receive from the improvements. In addition, the Assessment Law I provides that a parcel's assessment may not exceed the reasonable cost of the proportional special benefit conferred on that parcel. Further, only special benefits are assessable and the local agency levying the assessment must I separate the general benefits from the special benefits. All publicly owned property must be assessed if it specially benefits from the improvements. The Assessment Law does not specify the method or formula that should be I used to apportion the costs to properties in any special assessment district proceedings. The responsibility for recommending an apportionment of the costs to properties, which specially benefit from the improvements rests with the I Assessment Engineer, who is appointed for the purpose of making an analysis of the facts and determining the correct apportionment of the assessment obligation. In order to apportion the assessments to each parcel in direct proportion with the I special benefit which it will receive from the improvements, an in-depth analysis has been completed and is used as the basis for apportioning costs to each property within the Assessment District as explained below. Based upon an analysis of the special benefit to be received by each parcel from the improvements, the Assessment Engineer recommends the apportionment of costs as outlined herein. The final authority and action rests with I the City Council after hearing all testimony and evidence presented at a public hearing, and the tabulation of the assessment ballots previously mailed to all record owners of property within the Assessment District. Upon the conclusion of the public I hearing, the City Council must make the final determination whether or not the assessment spread has been made in direct proportion to the special benefits I to be received by each parcel within the Assessment District. Assessment ballot tabulation will be finalized at that time and, if a majority of the assessment ballots received prior to the close of the public hearing weighted by assessment amount are not opposed to the levy of the assessments, then the City Council may confirm I the levy of the assessments. I The following sections define and explain the special benefits and general benefits, and set forth the methodology used to apportion the costs of the improvements providing special benefits to each parcel, and confirm that the I assessments are reasonable and justified. The Method of Apportionment I The Assessment District improvements have been assigned into six benefit components; roadway, potable water, recycled water, sewer, dry utilities and I I Prepared by Galen N. Peterson March 29, 2004 I I City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 11 incidental expenses. Roadway improvement costs are spread on vehicle average daily trip (ADT) generation. Potable water, sewer and dry utility costs are spread on an equivalent dwelling unit (EDU) basis. Recycled water costs are spread to the roadway and specific parcels based on the amount of recycled water used for the irrigation of each roadway and specific parcel. The incidental expenses have been based on either the actual cost to each component of the improvements or if the incidental costs apply to all such components then to the prorated construction cost of each such component. Because some of the assessor parcel boundaries do not coincide with the Village Planning Areas or Neighborhoods, some initial assessments will be placed in aggregate on multiple assessor parcels until final maps are recorded and the new assessor parcels coincide with the Village Planning Areas or Neighborhoods as applicable. The procedure of identifying and apportioning special benefit to the land uses and parcels has been organized as follows: A. Identification of Benefit Components A-I Backbone Roadway Improvement Components A-2 Backbone Potable Water and Sewer Improvement Components A-3 Backbone Recycled Water Improvement Components A-4 Backbone Dry Utilities Improvement Components A-5 Incidental Expenses Components B. Special Benefits C. General Benefits I. I I I H I I I. I I I I D. Proportioning Special Benefits I I I. I D-I Land Use Categories D-2 Proportionate Special Benefit of Roadway Improvements D-3 Proportionate Special Benefit of Utility Improvements D-4 Proportioning Formation, Issuance and Financing Costs I Prepared by Galen N. Peterson March 29, 2004 I City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 12 10 E. Proclamations E-1 Assessments Equal to or Less Than the Proportional Special Benefits E-2 Reasonableness and Justification of Assessments I E-3 Future Apportionment A. IDENTIFICATION OF BENEFIT COMPONENTS I The improvements to be acquired or constructed by the City from the proceeds of bonds issued for each benefit area of the Assessment District are necessary for development of the Assessment District parcels and are required by the Villages of I La Costa (The Greens) and by the Bressi Ranch Master Plans and the conditions of development as set forth in the land use entitlements approved I the by the City for each benefit area. Without the improvements, the parcels within Assessment District cannot be developed to their planned ultimate uses pursuant to such land use entitlements. I tt is unfeasible and impractical for the parcels to be utilized to their highest and best use without the backbone roadways and utilities that will be funded by the Assessment Distriát. A-I Backbone Roadway Improvement Components I The foremost purpose of the Assessment District is to provide financing for the backbone road access so the Assessment District parcels can be developed. The most significant and costly improvement is the work associated with the road construction. The road construction has created the I need to relocate sewer mains and utilities, re-establish habitat areas, and install landscaping to protect the roadway slopes. The road construction has I also created the need to construct storm drains to protect the roadway and to relocate other facilities and provide mitigation areas that would not have otherwise been necessary if the road was not constructed. The road and associated costs have been placed into one roadway improvement component I for the purpose of defining the roadway costs and apportioning special benefit. U I I. I A percentage of the cost of the backbone recycled water distribution system has been spread in the same manner as the roadway expenses. This portion of the recycled water system improvements will provide an irrigation water system for the roadway landscaping. The roadway improvement component includes: Poinsettia Lane, El Fuerte, El Camino Real, relocation of utilities, establishment of habitat mitigation areas, and a portion of the recycled water system to serve the roadway landscaping. I Prepared by Galen N. Peterson March 29, 2004 I I City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 13 A-2 Backbone Potable Water and Sewer Improvement Components Coincidental to the roadway improvements is the necessity to construct certain backbone utility improvements within the roadway right of way concurrently with construction of the roadway improvements. These improvements confer a different special benefit to the properties than the special benefit conferred by the roadway improvements. Therefore potable water and sewer (other than relocated facilities for the roadway costs) have been separated into wet utility components for purposes of defining special benefits and allocating the costs of such components. A-3 Backbone Recycled Water Improvement Components Coincidental to the roadway improvements is the necessity to construct certain backbone recycled water improvements within the roadway right of way concurrently with construction of the roadway improvements. A percentage of these improvements confer a different special benefit to the properties than the special benefit conferred by the roadway improvements based on where the recycled water will be used. The recycled water facilities have been separated into a separate component for purposes of defining special benefits and allocating the costs of such components. A-4 Backbone Dry Utilities Improvement Components Coincidental to the roadway improvements is the necessity to construct certain backbone dry utility improvements within the roadway right of way concurrently with construction of the roadway improvements. These improvements confer a different special benefit to the properties than the special benefit conferred by the roadway improvements. Therefore the dry utilities have been separated into a separate component for purposes of defining special benefits and allocating the costs of such components. A -5 Incidental Expense Components In addition to the improvement costs, there are incidental construction administration and Assessment District formation expenses. These costs include, but are not limited to: construction administration, construction supervision, design, testing, surveying, assessment engineering, audit of acquisition costs, financial advisors, appraisals, bond counsel, underwriting, official statement printing, financing cost and establishment, of a bond reserve fund. The costs of the formation of the Assessment District, including the costs of issuance, have been determined to be eligible for inclusion and are included in the Assessment District incidental costs. Some of these costs can be assigned directly to one of the benefit components as shown in Appendix "E". Other costs that cannot be assigned directly to one of the benefit I. I I I I I I. 1 I I I I I. I Prepared by Galen N. Peterson • March 29, 2004 I City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 14 components have been prorated to each assessment number in accordance I with that assessment number's share of the construction cost. I The SPECIAL BENEFITS purpose of this Assessment District is to fund the construction and acquisition of public improvements required to serve the Assessment District I parcels. Special benefit is received by each parcel within the boundaries of the Assessment District from new roadway access and the availability of utility services that are required and necessary for the properties to develop to their highest I and best use in accordance with and as permitted by the approved land use entitlements. I The improvements to be constructed and/or acquired by the District accommodate the planned development within the Assessment District area in accordance with the approved land use entitlements. The Villages of La Costa (The I Greens) and the Bressi Ranch Specific Plan environmental documents and the. Tentative Map identify the need for access and utilities, and place conditions upon the parcels within the Assessment District to provide those improvements. I The Assessment District Improvements satisfy the conditions of development by providing access and backbone utilities so the projects can support their planned uses. Without the improvements, the parcels within the Assessment District could 1 not be developed to their planned and conditionally approved uses. The special benefit conferred on the parcels within the Assessment District from I the proposed improvements include: increased development potential, relief from access constraints, improved accessibility to utilities, fulfillment of development conditions and ensured investment returns. The special benefit to each parcel is I such that the parcels will be allowed to gain access to a public street network and have water, sewer, recycled water and dry utilities readily available, thereby allowing them to develop to their highest potential. I Special benefit accrues to each parcel to be subdivided and served by the improvements to be constructed. Since some of the areas within the Assessment I District have not been subdivided into individual lots at this time, the assessments will be placed in aggregate on one or more existing assessor parcels and apportionment of the assessments will take place as final maps record. GENERAL BENEFITS I Some public improvements will confer general benefit to properties or the public at large outside the Assessment District. In making an analysis, a review was conducted of the surrounding areas. The review resulted in identifying general I benefits that accrued to properties outside the Assessment District. S I I Prepared by Galen N. Peterson . March 29, 2004 I City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 15 Poinsettia Lane is designated as a prime arterial roadway. Previously, Poinsettia I Lane did not exist east of El Camino Real. Four lanes are proposed to be constructed. Two lanes are required to serve the estimated volume of traffic generated by the Assessment District parcels. Two center lanes (one in each I direction) are required for through traffic originating outside of the Assessment District. The costs associated with the construction and placement of the asphalt and base for the two center lanes have been determined to be a general I benefit and will not be assessed to parcels within the Assessment District. El Fuerte Street is designated as a secondary arterial roadway and will be I constructed from Palomar Airport Road south to connect to the existing terminus of El Fuerte Street at the southerly boundary of Bressi Ranch. Four lanes are proposed to be constructed. Two lanes are required to serve the estimated I volume of traffic generated by the Assessment District parcels. Two center lanes (one in each direction) are required for through traffic originating outside of the Assessment District. The costs associated with the construction and I placement of the asphalt and base for the two center lanes have been determined to be a general benefit and will not be assessed to parcels within the Assessment District. I Based on the estimated roadway construction costs, the cost of the roadway base and asphalt pavement to provide the two center lanes for both Poinsettia I Lane and El Fuerte Street is approximately $968,360. The grading beneath the two center lanes of each roadway benefits the Assessment District because it provides lateral support to the Assessment District paved lanes. This U grading can not be eliminated from the overall roadway grading without constructing retaining walls that would unreasonably increase the Assessment District cast. Therefore all of the Poinsettia Lane and El Fuerte Street grading I provides special benefit to the Assessment District Properties. D. PROPORTIONING SPECIAL BENEFITS 1 D-1 Land Use Categories I planned The following land use categories are included in the Assessment District: industrial, business park, community retail, office, single-family detached and single-family attached residential, apartments (affordable I home housing), assisted living, daycare center, boys and girls club, church, school, owners association recreation areas, park and open space. Except for the irrigated areas in Assessment Numbers 17 and 39 I (Village Green 08-2 and open space lot 34), the non-active and undeveloped open space areas do not receive special benefit from the works of improvements and will not be assessed. Open space areas are I those areas that are deeded or perpetually designated in easements. I Prepared by Galen N. Peterson March 29, 2004 I City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 16 lie D-2 Proportionate Special Benefit of Roadway Improvements Trip Generation Factors for Roadway Improvements I The use of and need for roadway improvements is a function of the number of vehicle trips per day generated by the use of the land served by the streets. Traffic engineers have developed traffic I generation factors, which are related to development density and type of land use. Therefore, trip generation is an appropriate basis for apportioning roadway improvements and related costs among the I specially benefited parcels. The trip generation factors will be estimated from the July 1998, SANDAG Trip Generation Manual and weighted as explained below. I SANDAG categorizes trips as primary, diverted and pass-by. This analysis uses only the primary trip percentages for the non-residential I land use categories to avoid double counting of the residential trips. Single Family Detached Trip Generation I The Average Daily Trips (ADT) per detached single-family dwelling is 10 ADT. The Assessment District single-family dwelling product types are similar to the SANDAG study areas. Single Family Attached Trip Generation The Average Daily Trips per attached dwelling unit or for a condominium I unit is 8 ADT. Affordable Housing (Bressi Ranch) Trip Generation I The Average Daily Trips for each affordable housing unit, based on the formula in footnote R of the 1998 SANDAG Trip Generation Manual, is 6.4ADT (-2.169 Ln(100 units/5.13 ac) + 12.85). I Apartment Affordable Housing (Greens) Trip Generation The Average Daily Trips for each affordable housing unit, based on the I 1998 SANDAG Trip Generation Manual for apartments, is 6 ADT. Assisted Living Trip Generation I The Average Daily Trips for each assisted living room, based on 1998 SANDAG Trip Generation Manual for congregate care facility, is 2 ADT. I Industrial Trip Generation The Average Daily Trips for industrial park is 80 ADT per net acre. The primary trip percentage for industrial park is 79%. I,. I Prepared by Galen N. Peterson March 29, 2004 I I City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 17 I. ri [1 Community Retail Trip Generation The Average Daily Trips for commercial shops - specialty retail/strip commercial is 40 ADT per 1,000 square feet. The primary trip percentage for this land use is 45%. Office Trip Generation The Average Daily Trips for corporate headquarters office is 7 ADT per 1,000 square feet. The primary trip percentage for this land use is 82%. School Trip Generation I The Average Daily Trips for an elementary school is 60 ADT per net acre. The primary trip percentage for an elementary school site is 57%. I Church Trip Generation The Average Daily Trips for a church is 30 ADT per net acre. The primary ' trip percentage for a church site is 64%. Day Care Trip Generation The Average Daily Trips rates for day care use is 80 ADT per 1,000 I square feet. The Floor Area Ratio for the day care sites is estimated at 0.1 of building per net land area. Therefore, the 80 ADT per 1,000 square feet is equivalent to approximately 348 ADT per net acre (80 I times 43,560/1,000 times 0.1). The primary trip percentage for a day care is 28%. I Boys & Girls Club Trip Generation The Average Daily Trips for a multi-purpose recreational facility is 90 ADT per net acre. The primary trip percentage for this land use is 52%. I Home Owners Association Recreation Areas Trip Generation The Average Daily Trips generation for the home owner's association I (HOA) recreation areas, which is equivalent to a neighborhood park, is 5 ADT per net acre. In order to avoid double counting the residential trips, the primary trip percentage used for external trips is 25%. The I HOA lots 47, 48 and 49 within Benefit Area No. 2 were assigned 10, 2.8 and 1.9 ADT per site, respectively. The three HOA areas in Planning Areas 9, 10 and 12 and the Village Green area (OS-2) within Benefit Area No. I were assigned 13.9 ADT. The Village Square area in I Planning Area 15 within Benefit Area No. I was assigned 2.5 ADT. I Park Trip Generation The Average Daily Trips generation for a regional park is 20 ADT per net acre. The primary trip percentage for a regional park is 66%. 1, I Prepared by Galen N. Peterson March 29, 2004 I 1 City of Carlsbad - Assessment District No. 2002.01 (Poinsettia Lane East) Page 15 Weighted Benefit by Land Use for Roadway Improvements The geographic concentration and placement of major land uses (residential, commercial retail and office, and industrial) within the Assessment District boundaries indicates that their impact on, hence their special benefits from, the roadway improvements are not uniform and should be weighted. The results of a study performed by. Urban Systems, Inc. shown at the end of Appendix "F" indicates that the relative weighting for industrial and commercial land use compared to residential land uses on each roadway improvements is as follows: Road Relative Benefit Industrial Commercial Residential and Other Poinsettia Lane 0.4 0.7 1.0 El Fuerte 0.2 0.8 1.0 El Camino Real 0.6 0.5 1.0 These weights were applied to the ADT generation factors discussed above in order to arrive at an allocable share for each of the three roadway improvement costs. The costs for each of the roadway improvements were allocated only to the assessment numbers that specially benefit from such roadway improvements as set forth below: Poinsettia Lane - Poinsettia Lane roadway costs specially benefit all assessment numbers in the Assessment District. Therefore, Poinsettia Lane roadway costs were allocated to all assessment numbers based on the ADT generation factors and weighting applicable to Poinsettia Lane. El Fuerte - El Fuerte roadway costs specially benefit only assessment numbers 1 through 21. Therefore, El Fuerte roadway costs were allocated only to assessment numbers 1 through 21 based on the ADT generation factors and weighting applicable to El Fuerte. El Camino Real (Bressi Ranch portion) - El Camino Real (Bressi Ranch portion) roadway costs specially benefit only assessment numbers 1 through 21. Therefore, El Camino Real (Bressi Ranch portion) roadway costs were allocated only to assessment numbers 1 through 21 based on the ADT generation factors and weighting applicable to El Camino Real (Bressi Ranch portion). El Camino Real (Greens portion) - El Camino Real (Greens portion) roadway costs specially benefit only assessment numbers 22 through 39. 1• I I I Li 1 I I. 17, 1 I I 1 I I. I Prepared by Galen N. Peterson March 29, 2004 1 City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 19 Therefore, El Camino Real (Greens portion) roadway costs were allocated I only to assessment numbers 22 through 39 based on the ADT generation factors and weighting applicable to El Camino Real (Greens portion). I D-3 Proportionate Special Benefit of Utility Improvements The most pertinent and reasonable utility improvement special benefit variable is average daily demand. The detached single family home will be the basic equivalence for measuring demand to other land use categories. Potable Water and Sewer Water and sewer demand was obtained from the 2002 update of the City of Carlsbad Water Master Plan. A summary of the water and sewer usage is shown below: I I I 1 I lie I Land Use Potable Water and Sewer Usage Single Family Detached 550 gallons / day Single Family Attached 250 gallons I day Non Residential 2,300 gallons /10,000 SF /day I A single family detached unit has been assigned an equivalent dwelling unit (EDU) weight of 1.0 EDU. By converting the gallons per day to EDU we arrive at the following table: Land Use Potable Water and Sewer EDU Single Family Detached 1.0 EDU / Unit Single Family Attached 0.5 EDU / Unit Non Residential 4.2 EDU / 10,000 SF I I. I The City of Carlsbad Water Master Plan estimates water demand for park as 2.5 acre-foot per acre per year. This translates to 2,230 gallons per acre per day (2.5 x 43,560 x 7.48/365). Potable water demand for park is estimated as 10% of the demand for recycled water for irrigation, resulting in 0.4 EDU per acre (0.1 x 2,230/550) of parkland. I Prepared by Galen N. Peterson March 29, 2004 I I I I [H City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 20 Homeowner association (HOA) lots water usage was estimated based on the characteristics of the parcels and their expected land use. The HOA lots 47, 48 and 49 within Benefit Area No. 2 were assigned 2.41, 2.08 and 1.43 EDU per site, respectively. The three HOA areas in Planning Areas 9, 10 and 12 and the Village Green area (OS-2) within Benefit Area No. 1 were assigned 3.8 EDU. The Village Square area in Planning Area 15 within Benefit Area No. I was assigned 1.0 EDU. The Assessment Diagram identifies two benefit zones for sewer improvements. Sewer Zone A includes all of the Assessment District parcels that benefit from the sewer improvements. Sewer Zone B includes the remaining Assessment District parcels that do not benefit from the sewer improvements. The water and sewer costs for new facilities (sewer relocation related to the construction of the road was allocated with the street costs) related to each street segment were allocated only to the assessment numbers that specially benefit from such water and sewer costs as set forth below: Poinsettia Lane Segment I - Poinsettia Lane Segment 1 water costs specially benefit only assessment numbers 22 through 39. Therefore, Poinsettia Lane Segment I water costs were allocated only to assessment numbers 22 through 39 based on the applicable EDU factors. I. I I I 1 1 I I. I Poinsettia Lane Segment 2— Poinsettia Lane Segment 2 water costs specially benefit only assessment numbers 1 through 21. Therefore, Poinsettia Lane Segment 2 water costs were allocated only to assessment I numbers I through 21 based on the applicable EDU factors. El Fuerte - El Fuerte water costs specially benefit only assessment numbers I I through 21. Therefore, El Fuerte water costs were allocated only to assessment numbers I through 21 based on the applicable EDU factors. I El Camino Real (Bressi Ranch portion) - El Camino Real (Bressi Ranch portion) water costs specially benefit only assessment numbers 1 through 21. Therefore, El Camino Real (Bressi Ranch portion) water costs were ' allocated only to assessment numbers I through 21 based on the applicable EDU factors. I El Camino Real (Greens portion) - El Camino Real (Greens portion) water costs specially benefit only assessment numbers 22 through 39. Therefore, El Camino Real (Greens portion) water costs were allocated only to I assessment numbers 22 through 39 based on the applicable EDU factors. I Prepared by Galen N. Peterson March 29, 2004 I City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 21 Sewer costs benefit only assessment numbers in Sewer Zone A, as shown I on the Assessment Diagram. Therefore, sewer costs for each road segment were allocated to the respective assessment numbers that the water was allocated to, but only to parcels within Sewer Zone A based on the applicable I EDU factors. There was no assessment for sewer costs to the assessment numbers in Sewer Zone B, as shown on the Assessment Diagram. I Summary of Special Benefit Factors I I 1 I I. 1 I I I 1 Roadway Improvements Utilities Land Use Category Primary Trip Adjusted ADT % Applied 1 ADT EDUs Single Family Detached 10/DU - 10/DU 1.0/DU Single Family 8 / DU Attached - 8 / DU 0.5 / DU Affordable Housing 6.4 I DU (Bressi Ranch) - 6.4 / DU 0.5 I DU Apartment (Affordable 6/ DU - 6/ DU 0.5 I DU Housing) Assisted Living 2 I Room - 2 / Room 4.2 / 10ksf Industrial 80 / AC 79% 63 / AC 4.2 I 10ksf Community Retail 40/1,000 45% 18/1,000 4.2/ l0ksf SF SF Office 7 /1,000SF 82% 6 /1,000SF 4.2 /10ksf School 60 / AC 57% 34/AC 4.2 /l0ksf Church 30/ AC 64% 19 / AC 4.2 I10ksf Day Care 80/1,000 28% SF 97.4 I AC 4.2 / lOksf Boys & Girls Club 90/ AC 52% 47 /AC 4.2 / 10ksf Homeowners 5/AC 25% 1.25 / AC 4.2 /lOksf Association Rec Areas and per site and per site Community (Regional) Park 20/AC ____________ 66% 13 I AC 0.4 / AC 1. Primary Trips are defined by SANDAG as "one trip directly between origin and primary I destination." I. I I Prepared by Galen N. Peterson March 29, 2004 I City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 22 l ie Recycled Water The recycled water system located within the public right-of-way will provide I irrigation water to (i) medians, parkways, and adjacent roadway slopes (in and adjacent to the public streets and public easements) (ii) landscaped slopes and pocket parks within the home owners association open space I areas (iii) landscaped areas of the public park (iv) landscaped areas of the school (v) landscaped areas of the private school and (vi) landscaped areas of the industrial section. The recycled water system specially benefits only the six categories stated above. Therefore, the recycled water system costs were allocated only to I the irrigated area of these six categories. The percentage of area in each category, determined from the total area in all six categories, was multiplied times the cost of the recycled water system to arrive at the cost to be applied l to each category. The resulting recycled water system cost for the first category was added to the cost for the roadways and spread to all of the assessment numbers that specially benefit from the roadways. The resulting I .recycled water system cost for the second category was spread to all of the residential units within the homeowners association that specially benefits from the open space areas. The resulting recycled water system cost for the I last four categories was spread to the assessment numbers that correspond to those areas. I Dry Utilities The demand for dry utilities is considered to be similar to the factors I used for water and sewer as shown above. The dry utilities costs (limited by the Internal Revenue Service to five percent of the bond issue amount in order for the bonds to qualify for tax-exempt status) were allocated based on I EDU factors using the same methodology and, except as noted below, the same factors as were used in allocating water costs. I Due to the unique characteristics of the home owner association lots, the following dry utilities EDU factors were used for these lots: The HOA lots 47, 48 and 49 within Benefit Area No. 2 were assigned 1.5, 0.3 and 0.3 I EDU per site, respectively. The three HOA areas in Planning Areas 9, 10 and 12 and the Village Green area (OS-2) within Benefit Area No. I were assigned 2.4 EDU. The Village Square area in Planning Area 15 I within Benefit Area No. I was assigned 1.0 EDU. D-4 Proportioning Formation, Issuance and Financing Costs I The costs to form this Assessment District, including the costs of issuance, have been determined to be eligible for inclusion in the Assessment District I I Prepared by Galen N. Peterson March 29, 2004 I City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 23 • funding. Some of the incidental costs can be assigned directly to one of the "E". I benefit components as shown in Appendix These costs that cannot be assigned directly to any one of the benefit components and therefore have been separated into a separate component for purposes of defining special I benefits and allocating costs on a pro-rata basis relative to the improvement costs associated with each parcel as shown in Table 1 of Appendix F. The financing costs (bond discount and bond reserve), I including capitalized interest, have also been assessed on a pro-rata basis relative to the improvement costs associated with each parcel. I E. PROCLAMATIONS E-1 Assessments are equal to or less than the proportional special I benefit each parcel receives The special benefit received from the Assessment District improvements I exceeds the assessment allocated to each parcel. The improvements provided will increase the value of each parcel by more than the assessment levied upon it. To ensure that the assessments will be equal to or less than the I proportional special benefit conferred, a review was made of similar properties in the vicinity. Comparison of recent sales records indicated that the average price per square foot of raw land increased in an amount greater I than the costs of the assessments per square foot after backbone roadway and utility improvements were in place. I E-2 Reasonableness and Justification of Assessments It is well known and understood by the development community that public I infrastructure is required for raw land to develop to its highest and best use. After the passage of Proposition 13 and Assembly Bill 1600, developers and investors realize that they must provide the public infrastructure to I support their developments without burdening existing properties. The Assessment District improvements are estimated to add 7% or more value to each parcel's overall value. A review of other developments has shown U that this percentage is consistent with the costs of providing backbone access and utilities to raw land in similar developments. Therefore this Assessment levy is reasonable in relationship to the added value the I improvements provide to the parcels. E-3 Future Apportionment of Special Benefit 1 Special benefit will accrue to each parcel created by the subdivision of the property within the Assessment District. Since certain existing parcels within I the Assessment District will not, at the time of formation of the Assessment , District, have been subdivided into final lots, the initial assessments established at the time of formation of the Assessment District will be placed I I Prepared by Galen N. Peterson March 29, 2004 I I City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 24 in the aggregate on the assessors parcels existing at the time of formation of the Assessment District. An assessment levied on a parcel existing at the time of formation of the Assessment District will be apportioned among those parcels created by the subsequent subdivision of such existing parcel. Assessments apportioned to any parcel created by the subdivision of an existing parcel which is to be owned by a public agency (each, a "Public Parcel") or a non-profit 501 (c)(3) organization (each, a "501 (c)(3) Parcel") or a home owners association (each, an "HOA Parcel") must be paid off in full prior to the recordation of the final subdivision map creating such Public Parcel or 501(c)(3) Parcel or HOA Parcel or contributed by the Developer as a reduced purchase price for improvements to be acquired pursuant to the Acquisition/Financing Agreement. The City shall not provide to the owner or subdivider of such existing parcel a certificate as required by Government Code Section 66493(f) for any subdivision certifying that the City Council has determined that provision has been made for the segregation of the responsibility of each of the proposed new parcels for a portion of the assessment unless payment in full of the assessments apportioned to all Public Parcels, 501(c)(3) Parcels and HOA Parcels created by such subdivision has been received by the City or otherwise contributed as described above. I. I I I I I I I It is the City of Carlsbad's policy that final lots that receive similar special benefit also have similar final assessments. If the future subdivision of any planning area does not yield the estimated number of dwelling units, the City I reserves the right to require upon application of assessment reapportionment, that a portion of the outstanding assessment be paid by the property owners to ensure that the assessments remain consistent within and I between the planning areas as further provided in the Acquisition/Financing Agreement. All reapportionments will be subject to City of Carlsbad policies and procedures. I FINDINGS AND DETERMINATIONS OF ASSESSMENT ENGINEER I The undersigned, Galen N. Peterson, hereby finds and determine as follows: A. The proportionate special benefit derived by each parcel proposed to be I assessed has been determined in relationship to the entirety of the costs of the improvements to be funded from the proceeds of the bonds issued for the Assessment District and the cash collections. I B. No assessment is proposed to be imposed on any parcel, which exceeds the reasonable cost of the proportional special benefit conferred on that I. parcel. I I Prepared by Galen N. Peterson March 29, 2004 I City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 25 I• C. Only special benefits have been assessed D. Parcels within the Assessment District that are owned or used by any I agency, the State of California or the United States and which receive a special benefit from the improvements have been assessed accordingly. I In conclusion, it is my opinion that the assessments for the referenced Assessment District have been spread in direct accordance with the estimated special benefits that each parcel receives from the improvements. I Dated: 7'day of frf4A'c/1 .2004— GALEN N.PEZON?# R.C.E. No. 18,364 (Expires 06/2005) ASSESSMENT ENGINEER I CITY OF CARLSBAD SAN DIEGO COUNTY STATE OF CALIFORNIA I I I I I. I Prepared by Galen N. Peterson March 29, 2004 I City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 26 I .I, LORRAINE M. WOOD, CITY CLERK of the CITY OF CARLSBAD, CALIFORNIA do hereby certify that the foregoing Assessment, together with the Diagram attached thereto, was filed in my office on the / :7 /54 day of I g4y,2OO. CITY OF CARLSBAD I . STATE OF CALIFORNIA I, LORRAINE M. WOOD, CITY CLERK of the CITY OF CARLSBAD, CALIFORNIA do hereby certify that the foregoing Assessment, together with the Diagram attached thereto, was preliminarily approved by the City Council of the CITY OF CARLSBAD, CALIFORNIA, on the/ 7day of/icJ4,ty 200.4 I 7L I CITY OF CARLSBAD STATE OF CALIFORNIA I. 1 I, LORRAINE M. WOOD, CITY CALIFORNIA do hereby certify that the Diagram attached thereto, w Council of said City on the 200 CLERK of the CITY OF the foregoing Assessment, s approved and confirmed day of ______ CARLSBAD, together with by the City 1 CITY CLERK I CITY OF CARLSBAD STATE OF CALIFORNIA I I, GLENN PRUIM, Superintendent of CARLSBAD, CALIFORNIA do hereby together with the Diagram attached _day of I I, I Streets I City Engineer of the CITY OF certify if at the foregoing Assessment, thereto, ias filed in my office on the -,200_. SUPERINTENDENT OF STREETS /CITY ENGINEER CITY OF CARLSBAD STATE OF CALIFORNIA Prepared by Galen N. Peterson . March 29, 2004 I 7- L I I I I I I I 1 I I Li I I I EXHIBIT 3 REVISED SPREAD AMENDING ASSESSMENTS I I - - - - - - - - - - - - - - - - REVISED SPREAD AMENDING ASSESSMENTS ASSESSMENT DISTRICT 2002-01 (POINSETTIA LANE EAST) BRESSI RANCH; CARLSBAD TRACT CT 07-12 CITY OF CARLSBAD SAN DIEGO COUNTY DATE September 20, 2012 PREVIOUS ASSESSMENTS ASSESSMENT ASSESSORS PARCEL PARCEL BONDED ASSESSMENT OWNER OF NO. PARCEL NO. DESCRIPTION ACREAGE LIEN LIEN RECORD 3-17-18-1 I 213-261-15 I LLAO6-09, PARCEL A I 4.298 I $293,054.21 I $225,424.04 IDE I, L LC TOTAL 4.298 $293,054.21 $225,424.04 AMENDED ASSESSMENTS (1) ASSESSMENT ASSESSOR'S PARCEL BUILDING BONDED ASSESSMENT OWNER OF NO. PARCEL NO. DESCRIPTION SQUARE FOOTAGE (2) LIEN LIEN RECORD - 3-17-18-1-1 213-261-15-01 4 $19,732.31 $15,178.55 OCEAN COLLECTION, LLC 3-17-18-1-2 213-261-15-02 CARLSBAD TRACT CT 07-12, LOT 1, UNIT 2_6 $19,937.05 $15,336.04 OCEAN COLLECTION, LLC 3-17-18-1-3 213-261-15-03 CARLSBAD TRACT CT 07-12, LOT 1, UNIT 3 4 $19,732.31 $15,178.55 OCEAN COLLECTION, LLC 3-17-18-1-4 213-261-15-04 CARLSBAD TRACT CT 07-12, LOT 1, UNIT 4_6 $19,937.05 $15,336.04 OCEAN COLLECTION, LLC 3-17-18-1-5 213-261-15-05 CARLSBAD TRACT CT 07-12, LOT 1, UNIT 5_0 $20,858.41 $16,044.77 OCEAN COLLECTION, LLC 3-17-18-1-6 213-261-15-06 CARLSBAD TRACT CT 07-12, LOT 1, UNIT 6_13 $21,837.34 $16,797.79 OCEAN COLLECTION, LLC 3-17-18-1-7 213-261-15-07 CARLSBAD TRACT CT 07-12, LOT 1, UNIT 1_R41666 CARLSBAD TRACT CT 07-12, LOT 1, UNIT 7 1 $21,632.60 $16,640.29 OCEAN COLLECTION, LLC 3-17-18-1-8 213-261-15-08 CARLSBAD TRACT CT 07-12, LOT 1, UNIT 8_1 $21,568.62 $16,591.08 OCEAN COLLECTION, LLC 3-17-18-1-9 213-261-15-09 CARLSBAD TRACT CT 07-12, LOT 1, UNIT 9_3 $19,022.10 $14,632.24 SCREAMIN EAGLES VENTURES L L C 3-17-18-1-10 213-261-15-10 CARLSBAD TRACT CT 07-12, LOT 1, UNIT 10 5 $18,523.03 $14,248.33 SCREAMIN EAGLES VENTURES L L C 3-17-18-1-11 213-261-15-11 CARLSBAD TRACT CT 07-12, LOT 1, UNIT 11 3 $29,067.40 $22,359.32 OCEAN COLLECTION, LLC 3-17-18-1-12 213-261-15-12 CARLSBAD TRACT CT 07-12, LOT 1, UNIT 12 6 $29,85440 $22964.69 OCEAN COLLECTION, LLC 3-17-18-1-13 213-261-15-13 CARLSBAD TRACT CT 07-12, LOT 1, UNIT 13 7 12.531 $12,240.28 IOCEAN COLLECTION, LLC 3-17-18-1-14 213-261-15-14 CARLSBAD TRACT CT 07-12, LOT 1, UNIT 14 2,413 $15,439.06 1 $11,876.07 JOCEAN COLLECTION, LLC TOTALS Total Assessments $225,424.04 Total Square Footage 45,802 Assessment Amt./Sq. Foot $4.92 Per the Engineer's Report, this spread of assessments is based on building square footage. Bulding square footagea provided by Project Design Consultants. 45,802 $293,054.21 $225,424.04 P:\Corlsbad\32050a4.11\CT 07.12 Prepared by Wilidan Financial Services Page 1 of 1 I I I 1 I El I I I I I I Ii I I I EXHIBIT 4 CARLSBAD TRACT CT 07-12 AND CONDO PLAN I I - mm - - - - WIM - mm - m - - - 90 Of Lvg4* 0*45 ALL Of P917911700* WCORIP 7171.5 ,vir IN 716 *NC COW0 6? 06 MAP, 68100697 6868541 70 Of FRIPARAPON NC 060 77404 IF 7745 iMP AS 910* 07)1.54 Of 700*v *6910*741LINE- If IT 66.99107 ID Of 071 IF CARLSWA A *960071 COWMOOK ALL 4667181$ 9.0*717 IF 40*27*7 NC 70 CAIF06*L PLACE AVMtVl1 NC C047100240 70 LOT I AT Of LOCA7161910* 7877710 170*7775 770*77977 Of *07)0 CARLSBAD TRACT CT 07-12. COUNTY OF SAN DECO, STATE OF CAUFORNIA BRESSI RANCH OCEAN COLLECTION 9791 A 9*610* 07 LOIS 77 AND 73 IF CAIS2040 TRACT CT 70-I5 II Of CIV IF 0772044 076471 IF Sm 0510 STAlE 07 CA1806#A A10 70 NIP 77874107 Na 14064 1177211 iv Of 0799 IF Of 681471 RECOFIVER IF £717 LOW 075*7170110*117.7414. 299 AND ALSO 970* AS'PARCEL A' IF (43911 77' 910*070475 IF 0*1245407 FOR 40*9778771FEAT (AD! 00-91070*20) 8$ 070*09424 2000 AS ME Na 998-009/4807 (IlICAL 010*9. P91770* IF Of 1088AL WO.JTV NC ACCESSEA9MEJAT Dl 1*191 IF Of 071 IF 01*91.4011910*0*1NO, 2707-72989 RECOM 5401700* 24 2007 IF (807.201.960705 ARE 710797004 01768 7745 MAP 0004191110114*410* *84110000) P7189/MT 1091117*66109.20 7,9 IF 7741 90*0*4 NAP ASS £661970777146654707877 F.oLt17'I7E 0*4741; 0*717)0*791917729. 2009 *041 4.20840765 TOTAL AgAM IF 10777 I MAP No. _15790 _- SHEET 1 OF 4 SHEETS 4 64617. 7815 A 1.0*99 LAID 32546691 IF Of 5707507 CALF0*4*. HIMY STAlE 774*1 7741321899 IF 7745966115787 WAS 18407541 IF 071 180*1810*779196 JAY 20* AND 54*77*649154646042074 NC SAW 9941140 78741 *40 0*774*1! AS 940*74 17041 ALL Of 010689975*2007 Of 0(IRACIIR NC 010817741 P007706 60*170081VIE LEW.tl *7745 MAP AND ARE 9807097170014065 Of 77183751708045764179. (SEE LEG= 68 SHEET 66 2) 48$4i ft14.* 89. - rnrM )/4 6679 1771.5 S TA 75 07 0*147107 wAôO gov AR (JAd& A NOTART PUNa P677991411.1 OU1I9.)*..N 470 0 POlO 7770370 70 IF 07 0* 8495 07 £4IIIFACID74T COM 7090 1741 PER5420Jt) *0*54*545(9)40/4*5880077*7770 Of 017654 010177184VAT 477940*40*9.77700 70 *6 IHAT*.4975IIKy 0*177770 Of 5.4*41W *jfllRj74 A117710*200 CAPA0flI' NC 8)' A457,1617 9914 R4* 074774111451011.110771 Of PC0*$) 071 1741 97 lIly (1104 *6IALF IF 181707 0* MWO 41710 (4CC/lED Of 54510186641 sl11Y 678797 P9tL4L7T IF 99*971 L011ER Of LAIOT IF Of STAVE IF 5*1.007*4 MAT 171510*0*40 PARAR8PII PS 771741 AND ORNIECT MT 1701154466_I.$8.UJ97M LJ99. N00RYPUBUC iv NC 191 $410 0*771)' AND STATE RI0PAL 0*911 IF 571C4.&14__- 5704770* 71932 07470791 07 NOSRJI ITtWI'T Of 9944 77915 IF 774110610*540 PARIWS HOW RAW KEN M97111707110718 Of 90099740 IF 9117791684*770*177* ND IF Of 96676607 M ACT. 7787706777753110 11110(07 7 01)0 A 0* 77715 NC SAW 0*470*5 ARE NOT 1006377087 714168773067700*1; I. CITY IF 5*879174 74100* IF 418777915991777 IF A=W P07 NAP NO'S MOM *1110 74009. 770699 IF 6951785770 0*f7951.41407 QWWW 99 IMP Na 74904 *70 A *6991. 61V7Y840*IT NCOVRV NOIVA0* 2412007 AS DOE Na 2667-079/820 0* £ SAN 917004$ AlPS ELECTRIC 0*4749.540691? IF AN 540*41 RIVORDID AFRL 77, 0* AS ME NO, 2106-4504664. IF 061140719900* 2291661010$ 471040017910*4741; 71401.91 IF AN CA32WIT RECORDED 0*1770*29.2687 AS 1105 Na 2087-919944 IF 7871041.960*5 47797185689191770114109 AOWAS04 744099 IF .4 0.4689/APE 9077100454070491881 SHOW 91 NIP Na 74960 91 O IF WERACIC71V £71911754170 IF VMS 9a1 WThE 81149 10 *6 114*7 lf,S/7l4EV 0001710 70*270 CAPAGV31)ES.). NC ST 1741 INS 7741 9071994(51 (77 I (2877711510* P77III4LIV IF 77150.485-IF 7741 STAlE IF 001500474 THAT Of P IS 17115 AND CORRECK P891527 MT HAND $96710787971099_- 00969. .20 NUMBOR IF NO TAR)'__________ 680771 045418241140179 81; SWAT? 7141A9477R- TAX 031217114 27847. 947091 or 1.0*170? IF P10621Paw 84 I. 1149(075 PASTUS91A. 4000 IF Of 66RO IF S&POnZORS 70 Of 078411 IF 91549110 04100*74. IT 0770)' THAT Of FRONSIM IF Of 9*6101SION 07*8 ACT 9900072 IF 17115 7 IF 1741600*4)8741 0*09940* (A) IS 7917899*710(74)0*787071916 IF 7741 *89180707 UENS 99 18(840 SlATE 4066419. NIOPOPAL 68 LOCAL 1*325 OR 9=4 A.W07S 0*791700 AS 1*391070717740*HOT 711 PATA9L 1047419191 COINRO 0774 77004$ A PASIUSOC.4 01187 IF Of 877060 IF 909110* 81; 580011 0*740 £ 3446320 It 54680*9. CITY 7141*9.0* IF Of CITY 07046(9044 SlATS IF C4LS0*I. IT0*7VY THAT 170* ARE IC L876$ FOR 1.66.7907)' TAXES OR (%L'AC 8109.0079114691 AN)' 0*op4r *5191 9690010074180* ACT IF 7741 STATE IF CAL0006A 9706610917741 800(5 IF 778$ 6870* (50717*99 NOT *7 PAYABlE 41*067 Of IRACT 68 90*30004. 074 MT PART 710*91 9400491 Of ANNO2U) NM NC DESCRW 00 11411087791 19907. 1LOATIFñ41f .201 HAROLD V. 071 7141A997171 or 70 ACCESS LA0*41 990(94166 29.2009.0* 04 01994791191 5740 070* HAS 1.47(99 714* 60997$ 1090 0*557708)' Of 0111799 71671 J2L 04107 CITY 1787 3-IbI0 L DAN 4 80*1 1. .0(4791 .41 01165407W 07 7410710707062744 1408910* 787917 071111 04*12 HAlE 01.41881)7716 49.900 MAP IF 7745 9*6170* 7080060441 1*09140 771417 Cr 07-IS *099 87.607 00714 079917704 680950* 07 4 90515 *40 00*180 77 7747 04P7!711 7)707791 AND 664119790 OUT Of 067197 )5 SIFTANIWLV Of SUE *517 A00* 704 7741 7911*71411847 NC 687477*0170 ALTERAIIQ7S 7110591 I7fAT ALL 1)41 68010786 IF Of 266110* NAP All IF 7741 57471 IF CALR8I64 .470.481107.9. ORDNANCE IFSAV 071*07711*105 AT Of 71)41 IF 7141 *0771069. IF 7741 78747*IlIE MAP HAW 0*0 6887.770 01)4 NCI AM 5477091 77041540774740 7508004)1.110*077. 806711 1. .0(994 .8. 071077270571 871_••"' 'T. 8.05. 78515 . S-J7-207 DAM a/i/so 0 1 0700 661. 10071748)' 70 Of P7*691900*0*0707 7741 07107 04*9144 #89970*701 THAT Of 791004118*8 070*9140 IRAC7 Cr 07-72 *77799845404 0*91 07101004 HAS 8070 779787770 70 Of P7*54000 0*0470078*19171.07041*68610*110774104 0*777711 9106TART IF P79178705 *• 817 04740_T97) II. 2010 48680470 AS 7000* 7765 .11... 04107 _____________ 2010 R91ALDIL BALL 07)' AT70*41T 81; pas a, 177*66_CID474Ie.77,.t 4 001700. 87(71977. 070171*0*/Cl IF Of 0704710757407710 STATS 0704110*91 70*17077781 WAY 1RAW ASW710FOR 060*41107 1785 MAP MODAl Of 8777851WRY . 7879. 77415 .9.&tL DATIF_ 2040. ATJ0120054114 0466 L 8711791 030071010380 81. 110 $16/C) 1.077 07 778$ 90*0*0 A 0*7797*718 LOT *558701077 2711791 WI IF Of 0* COE IF Of STAlE 0719.80*84 NC IS 7W) P799)ANT 70 1741716654997 NAP ACT. 00* *L 80 A 7170*4707 14*9.914070*8771741. 0*6069.4771879. 66 1L4 A cAL8DW4L4 1.967701.7096/7)' 0*4749. 450099 I PROJECT DESIGN CONSULTANTS CITY OF CARLSBAD CT 07-12 f' 187r4777 IL06dI74p89.41171606011719777111'g 541687 041770*49. ES0*14A15 NOES 825-799 _ IDlJ054W a IOIZDV GATEWAY ROAD low If CARLSBAD TRACT CT 02-14 '° CARLSBAD TRACT CT 02-15 UNIT NO, LOT 5 MAP NO. 14960 MAP No. J4777 LOT 9 FAALMM NO sr" OOWAWN MY smffr LA CMTA 00*02 7544668CM W"ANISE AT 51.4446 I'. 7W STA. 1-2002 - - - - - - - - - - - - - - - - - - _ I CARLSBAD TRACT CT 07-12 COUNTY OF SAN DIEGO, STATE OF CALIFORNIA BRESSI RANCH OCEAN COLLECTION PROCEDURE OF SURVEY 04-20* ¼ N 70*0I.64l C 4258.586727 60*072' *44608604 CIMM77E 86(884K 579.46660 4A460* & As= 045 conRM 04074720* 7882' -FIR602 74023 & MAP 74802 \ CARLSBAD TRACT Cl 02-15 ) MAP NO. 14960 PARCEL A LOT 21 ) r-o2' I 40O0104667 4.-. IwAJ0*'Ls4oirpv7 cam ,r I DV 111W P01 MAP 74680 070266893-1-2027 AS WC NO CLOT 17 I1W701W OAt OT 18 CERTIFICATE OF COMPLIANCE PARCEL A LOT 19 LOT 20 CERTIFICATE OF COMPLIANCE RECORDED DECEMBER 20, 2006 RECORDED S...PTEMBER 21, 2007 AS DOC. NO. g006-0902648 O.R. 26 I ,) n,, r.r,r kit-. nnn,.na.i MAP No. _157 SHEET 2 OF 4 SHEETS BASIS OF BEARINGS 7766 6495 DV 866400* 1776 7714551864(776 7766 C.4L59664 0*DRIAIE 572794 MAO Si 1116646 MV WAS 021A0*4W 8674(724 51A194 V-IV 69264023444051.46010*1-41 £514401919917766 02861Y DV 46044770021W 540(6660020472607470741.4401111146909440 940* IN 0477910 771A17 CT 00-94 IMP 740 748846 (C 04405452'W. 11.10702860*0*71104 80ER MIPS 044706 MAY NOT 8604 MW CF LW 575594 7766 CMOM 5144K FACI02 AT 5747796 04-280246 4689802486 070 (8STAI - 074696670274.0411, 19 SCALE 141794 ALL 1664510* 051470*044604440*96 ARE 07460500050* 0466 M.4C ANISE AT 5747794 04-200246 -0'57.02l LEGEND O '01.47(50* SCTLEAD 440986044049 15 260' AT 4 46W 0204 O'OSCTIWAOADD #4OALLV 76791020*11? (966 WW.47477751144871467 'IS 4877' AT *75 11104 (8897 P06 7R7C47C Cr C17071 FUR IMP 05 14M RECCOW 0270*25.20* AS 054614406704462869-00*840* NOT 17600 A MUMS 615605770*1 9I7%6610401041117 10*760 '4$ 8228' PER IMP NV 74602 £NZWES FMW 57T9474€ 04*6149 '4$ 5778' P01 0440646 14980 6801.4701177700 LEAD MV 0* 0444646) tO 4011' Al A (51 0197047766702 DV 0046 PIP 04777671.417W 0*11726 10114'? 740 )4602 WEMM 147604). 2027.45005 140 2927-0740725. 0.46 IILJCA 701 Pic 2' 04DlC 047740* wow 15an* P01 460404114)7940*170*106 MAP Na 14069 Dl 114601 F. 2027 AS DX Na 2027-0746892 004. 44(02 07149*860401464 (6) P0*61W 0440* *40* LSWQ 80*470104011W 8640* 4604W L 00*47010*104510516117600567027,511 0*46064166.4 PIP MA? 84960 j =VMS 0*11146(4054041041.4740794 716691194 14142869 FEW 0*44 WIRY .4107.412526840*469 40)041W 3465027 AS t4S1TtlWIT Na 2027-07202020* 00147(50*1649 £44T 04 IA477694 0*86 FIR 1110* UIUI7W RMORM AM 11.21W 45041877044061840 21W-4294024 046 00*471501111746(9*1050*640417,4410* (.4024(1671W 04467405 P0*41W 040*60540500628 00011054027770450547594 AC= 050600*1W MAP NV 64900 P0*4115.4041770*05175W 40*05864660601W 0447040)41W P0*4715.4264770* 1W47294 .40*050606009MEW EASEMENT NOTE £515104815186104 04.440719440986 FEW (10*067710 014671W 049*55 MV 80* 46 02047010*27. 5607 AS 04671178454705 2407-01584430* 6 A 04700441(40*117 04774040900*401.40* SET 177694W CAIEIOT Dl 14077771 NOTES I. IOTAS 740*94(0604 - £ tOTAL AREA 4.289 A0* S ALL (*SW40*940**1lf46Il010240S (66770*67 01TAM1W 706880*1746944 P7251. SOILS REPORT NOTE A SINS 0*0451106 77465105186514 40450*401091 WDIIUV a A0*OAIES. 047777 .L47474*Y 25. 2927. 04170*CT NV 977016-047. .440 4604761 04774 1766 (171941.4472840 SURVEYOR'S NOTE IT IS 6666 04701T DV 7766WIDOW 70014)11 )AS 061204 787,40470*1 WIRE P60*7*50440*017740 MAP 047701966WAVY BQWM 04460115 ANY 867*054401409475774.4104470*1*001 AD$A00016401570515 68 ALLEIS 8140140177110476841 DV 7645 MAP 70 51V7 7746(607*411 819450 077495 *0 MAY 44466 .4 aM, 70 770* (4640*C04ARV 879475 000*161010*11407546 260411-46 N 1. 022551.267 C 46254 all 1W IVAN SAN 0202 01041Y 01020*110 aw 84 COMM WALN MN 0206541 40401 AZ 7992' 517 AS AN A&IH 0466604 1WWICIT1W 04840486 74878 1W MAP 741W 010*44715 940* ARE 1W 54800* 146WIT I401Z04MLcoma sw _ PROJECT DESIGN CONSULTANTS PMnALr40 747NO& Ilnbnm11g PSiWOY '" CITY OF CARLSBAD CT 07-12 01490247* CODRSRN*IE 00* 625-19778 SHEET 3 OF 4 SHEETS 94A IrS 885880865110118800170074185 COQROJQ8 4881 P811 MW 14060 0060,1182 vwm £4604TW PA IP41 or hf 077 or C41188840 488 807,VPAL 010174141868251 AWaVO N01 25 2807 AS A57Ilt4T NO 10)7-0728912 OR 1148C4185 ONIM 6410011114 FAI88 8886086188 ROX UIIITIGY fiEvalm APRIL It. 2080 AS t4SlhIlAO41 NO 200-629417* 018 WrAms 885045 am"CAM N80OD4 64100141 FM IMP 14860 LOT 22 1- -- -3: - j00 02 CL Cr L) LU U, LU cc 6'-c'1 < .j LU as ' Il cc 0 -1 cc O LOT 19 — — — — — — — — — — — — — — — — — — — o. 15790 - N. -60L881• 12 18RWANOS21 AT STAN-2862 \cL .i4:i_z_r_T 'r\ ' IR6C4LXALE CAI sow r-4o zr ' _-- - LW - L-2daAr - CARLSBAD TRACT CT 07-12 COUNTY OF SAN DIEGO. STATE OF CAUFORNIA BRESSI RANCH OCEAN COLLECTION CARLSBAD TRACT CT 02-15 LOT 16 MAP NO.14960 I986 OrAAOAAY N00W70W 55148' AS LOT (SSOALNLS !17 ~ -~' nF N90WWV MY ---- -J r 7 )Thfl N86W LWTANZ NoWJT LW I WIGIN &A86JS - I LI 11W I I ,4r L2 I 1050'I mmp= I I LJIOW I ,Nor1 L4 I lOW ASOWW I 5W 60WW I) I I wLI,ol AS060W L7 I 5280' NW44tW VJL 0'25'W 49,110' j I i -12: -- J TrvrnTnT, r1rnTnrnTqTn—nrr1TnTnTIT nrI1r1r,7r,-rr,-rm J N48 479,28' C4 40' T / GATEWAY ROAD W8t 1)0=70 P88 IMP NA 1460) NOYSO2SW 1101)2' if SW CARLSBAD TRACT CT 02-15 MAP NO 14960 9 I CARLSBAD TRACT CT 02-1 UNIT I MAP No. 14771 PROJECT DESIGN CONSULTANTS Pling ILlndN0AtIMo'lE'olflOed'o ISw48y """" 11 cirr OF CARLSBAD CT 07-12 CALW6A c00600IAlE 81885 625-1908 - - - - - - - - - - - - - - - - - m - lit FSLOONC llDO AND VA ADAt.ND ON RE COMOM 07 APPI1O VAt VOl lit ISNIA II It MAP 07 ORE39 RANOIINWSITAAL LOTS 77 N 78 APPNDMD DEECENVER 07.2024 NO 70710711101 P(AI.WAS COMMON 0720111107 NO 6198 (CAW NO Cr 07-12)1007107 8*807 79. 2074198201704270 CCONS90N RaMUMN NO 6199 (0107 NO. 00 07-07) 1200077NOW 7* 20* S 0*070 pown Kt NOT ND 0*877107 7)85 *80.ECT U*EAN lit 5209. 107401 070bt64C 84798 AND AIM 0*7007570 lit 0707 CT 07017075*7798 0*10701007 10 1It OTT hilT 10861110 841117 519FIVE AND SEW 0*1707 F107J1OS REVECO111Y.0* 161810* 10 BE 070101 AT 7It' 70* 07 flIt 1071041707107 079.0189840 FMr. AND OAT 871071740070* CAPAOW AND 810191795 0* 0*70* ID ND 16181071 WAIl THE 10*07020171805 2 ALL 0*0*8*07 AND RAVAIILTOSIID AND ARE ID ND RDVA I07T WMITANDD 8111 lIt 0*17)987070* F11LOI7010 .5 150870841717 8164 186 HIW114777 AND 107011077*075 a 00107018*MANE MO ACCXW 11,278$ I NO $080786 077980 NAU. 9107. 070770790700700*19 VS 18007 1St 570*790)07 MAY ND 010* 08 RMNFIED ID 08*0401 877404 ME AS .4 SOfT LID 988* . 09 A0* 8111 lilY 5717400* 08670 570*T -DESIGN NDl!7917. 7007707 8&.1MD AS SHOW 01 77859.07 lIt W1010 070701777 0W.45T( 071St 110*0*8*5 AA0* 941St WAVATON 1705 CO8*0* 9.47105808140* 701740* lIt ShE Lilt AREA 57 ALL NIVMVWG SAALL ND NO 07541111 115411 190*05 VA HEIGHT OR HALf A CANOPY 11050* 074118 FELT 970077: * lIt 0880.0*4070*0170851740 ALLOW lit TdP$T 07 £77101 ND A ID lit 071' 0708008.40 ID 1185 LOT NC EACH ?FALJJTY 777107070*50*07135 CARLSBAD TRACT CT 07-12 COUNTY OF SAN DIEGO, STATE OF CALIFORNIA BRESSI RANCH OCifAN COLLECTION NON-TITLE INFORMATION MAP NO. 15790 SHEET 4 OF 4 SHEETS PROJECT DESIGN CONSULTANTS CITY OF CARLSBAD CT 07-12 P79nning IL8*0*eASl,IloWA,. ILng11oo,inq CAUF0*SA OlOROINAIE 5417111 620-1888 1 7 -' I f RECORDING REQUESTED BY I ç AND WHEN RECORDED MAIL TO: Steve Chatfield I Greene Properties, Inc. - 1800 Thibodo Road, Suite 320 I Vista, CA 92081 1 DOC if 2010-0430183 1111111 III 11111 11111 11111 11111 11111 11111 11111 11111 11111 11111 11111111 AUG 19, 2010 8:00 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE -, DAVID L. BUTLER, COUNTY RECORDER ( 3 FEES: 64.00 PAGES: 17 I 111111 11111 1101 1111111111 11111 11111 11111 11111 11111 111111101 11111 0111 11111111111 APN 213-261-15 - THIS SPACE FOR RECORDER'S USE ONLY I tPIai CERTIriCATE- I UNDER CALIFORNIA CIVIL CODE SECTION 1351 I WE, the undersigned, being the record owner of the real property described in the documents hereinafter mentioned, do hereby certify that I WE, hereby consent to the recordation of the plan of condominium, pursuant to Chapter 1, Title 6, Part 4, Division Second, California Civil Code, consisting of: I I. The description or survey map of the surface of the land included within the project, as such description or survey map is set forth upon or constituted in Exhibit "A" attached hereto which is hereby, by reference, incorporated herein; 2. The diagrammatic floor plans of the building or buildings built or to be built on said land, as said diagrammatic Door plans are attached to this Certificate as Exhibit "B", which diagrammatic floor plans are hereby by reference incorporated herein; and 1 3. This Certificate. I DATED: August 18, 2010, 2010 I OCEAN RECORD OWNER: COLLECTION LLC, a California limited liability company I _ I I Its:_____________ I [ALL SIGNATURES MUST BE NOTARIZEDI I I I I I 1 ACKNOWLEDGMENT STATE OF CALIFORhJIA } c 'N }ss COUNTY OF On _________, 2001.0, before me, __________ a Notary ublic in and for said State, personall ppeared 7316 V , proved to me on the basis of satisfactory evidence to be the persorT whose name* isto subscribed to ;he withij instrument and acknovyledged to me that *,/she"executed the same in Iher/tltéir authorized capacity(T, and that by I/her/tbér sigpature%J on the instrument the person, or the entity upon behalf of which the personIA 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. tniemci Ei1ConientOudook\YADXFJ0S\Ccnificate.doc I I I I I I I I I I I 1 I WITNESS my hand and official seal. AL LA AA A GLEN F. CHAVEZ : COWAIlkewl— .4:SsnOie9GCDdnty L I I I Exhibit "A" 7317 LEGAL DESCRIPTION I I I Lot I of Carlsbad Tract CT 07-12, in the City of Carlsbad, County of San Diego, State of California, according to the map thereof No. 15790, filed in the office of the County Recorder of said county on August 12th, 2010. I I I I I I I I I I I I C:\Useisteve\AppData\LocaIMicmsoftWindowsTemporaiy Internet Files\Content.OutIookYADXFJOSCenifkaie.doc I I I Exhibit "BTM I FLOOR PLAN 7.318 I 1 I I I I I I I I I I I I I C:Usce\AppDataLocalMicrusoft\WindowsVrcmpomiy Internet FiIcsConten,.Oudook\YADXFJOS\Cezi*fica*c.doc I LEGAL DESCRIP liON: 1 LOT 1 OF CARLSBAD TRACT CT 07-12 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 15790, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY ON AUGUST 12 2010 AND ALSO SHOWN AS "PARCEL A" OF EXHIBIT "8" ON CERTIFICATE OF COMPLIANCE FOR ADJUSTMENT (ADJ 06-09, CE060029), RECORDED DECEMBER 20, 2006 AS FILE NO. 2006-0902548, OF OFFiCIAL RECORDS. TABLE OF CON TENfS BASIS OF BEARINGS: II.EM PAGE THE BASIS OF BEARINGS FOR THIS LEGEND & NOTES 2 CONDOMINIUM PLAN IS THE SOUTH LINE OF LOT 1 OF MAP NO. 15790. DEFIN171ONS 3-4 I.E. N89J0'25"E BOUNDARY 5 BUILDING LOCA liON 6 BUILDING/UNT PLANS 7-11 BENCHMARK: DESCRIPTION. STREET CENTERLINE SECTiONS 12-13 MONUMENT LOCA TJON: EL CAM/NO REAL BENCH MARK NO. R2800 288+89 EC PER COUNTY OF SAN DIEGO VERTICAL DATUM ELEVATION. 311.41 (MSL DATUM) SURVEYOR'S STATEMENT: / HEREBY STATE THAT I AM A LICENSED LAND SURVEYOR OF THE STATE OF CALIFORNIA, AND THAT THIS PLAN CONS/SliNG OF 13 SHEETS CORRECTLY SHOWS THE BOUNDARIES OF THE LAND, AND THE RELA liON THERETO OF THE UNITS SHOWN HEREON. PRWECTSTTE C. 004 it s & 0 NO. 4768 I ROAD PALO 0 GATEW RD. OF CA çU PETER C. GOLD/NC, L.S. 4768 DATE -J S REGISTRAIJUN EXPIRES 3/31/2012 VICINITY MAP OMSEVA SHEET 1 OF 13 SHEETS CONDOMINIUM PLAN PROJECT DESIGN CONSULTANTS BREW RANCH OCEAN COLLECTION 701 B Sbeet,, SuIte 800 Son DIego, CA 92101 619.235.6471 Tel 619.234.0349 Fax CARLSBAD, CALIFORNIA P: \3370\MAPPING\C0NDO\Cover\Cover Sheets.dwg Aug 17 2010 I I I I I I I I I I I [I I I I I I I 1 I Li I 1 LEGEND INDICATES PROJECT BOUNDARY INDICA TES BUILDING LIMITS - - - - - - - INDICATES TIE LINE BUILDINGA INDICATES BUILDING TYPE 7320 Lw INDICA TES UNIT 0 INDIA TES UNIT NUMBER FF INDICATES RN/SHED FLOOR ELEVA VON I I I NTF.S. THIS CONDOMINIUM PLAN AND THE DIMENSIONS SHOWN HEREIN ARE INTENDED TO CONFORM TO CALIFORNIA CIVIL CODE SEC liON 1351(e). WNICH REQUIRES IN PART THE INCLUSION HEREIN OF DIAGRAMMATiC FLOOR PLANS IN SUFFiCIENT DETAIL TO IDENTIFY EACH UNIT. IW-IETHER IN ITS ORIGINAL STATE OR RECONSTRUCTED IN SUBSTANTIAL ACCORDANCE k11111 THE ORIGINAL PLANS THEREOF, THE AS-BUILT CONDITIONS OF THE BUILDINGS SHALL BE CONCLUSIVELY PRESUMED TO BE THE BOUNDARIES OF THE UNIT, RA THER THAN THE BOUNDARIES EXPRESSED IN THE DEED OR PLAN, REGARDLESS OF SETTLING OR LATERAL MOVEMENT OF THE CONDOMINIUM BUILDING AND REGARDLESS OF MINOR VARIANCE BETWEEN BOUNDARIES SHOWN ON THIS CONDOMINIUM PLAN OR IN THE DEED AND THOSE OF THE CONDOMINIUM BUILDING, THE UNIT FLOOR PLANS SHOWN IN THIS CONDOM/MUM PLAN INTENTIONALLY OMIT DETAILED INFORMATiON OF INTERNAL PARTITIONING WALLS VñTHIN INDIWDUAL UNITS. LIKEWISE, ALL DETAILS CONCERNING PARTiTiONING. PROTRUSIONS OF VENTS, COLUMNS, BEAMS LOWERED CEILINGS, RAISED CEILINGS, WINDOW CASINGS, SLOPED, PURRED AND DROPPED CEILINGS, VARYING CEILINGS AND FLOOR ELEVA liONS, SIOIIGHTS, SOFFITS. STEPS, STAIRWAYS AND OTHER SIMILAR FEA luRES WITI-IIN INDIWDUAL UMTS HAVE BEEN OMITTED FROM THIS CONDOMINIUM PLAN. DIMENSIONS SHOWN HEREIN ARE NOT INTENDED TO BE SUFFICIENTLY ACCURATE FOR COMPUTATION OF AREA IN ALL OR ANY PART OF THE UNIT. J. THIS CONDOMINIUM PLAN IS BASED UPON THOSE CERTAIN ARCHITECTURAL PLANS PREPARED BY WARE MALCOMS ON SEPTEMBER 9, 2009 AND IS NOT THE PRODUCT OF A PHYSICAL FiELD SURVEY OF THE UNITS. ALL ANGLES ARE o: 45' OR 135' UNLESS SHOWN OTHER WISE. THE PARKING SPACES DEPICTED IN THIS CONDOMINIUM PLAN ARE SHOWN FOR INPORMA T1ONAL PURPOSES ONLY AND ARE NOT TO BE CONSTRUED AS EXCLUSIVE USE AREAS. SHEET 2 OF 13 SHEETS I 1. I BRESS! RANCH OCEAN COLLEC11ON PROJECT DESIGN CONSULTANTS I CONDOMINIUM PLAN 1 I "18 Street Suite 800 San Diego, CA 92101 I CARLOAD, CALiFORNiA 619.235.6471 Tel 619.234.0349 Fax I I P:\3370MAPPING\CONDO\Cover\CoverSheeIs.dwg Aug 17, 2010 I Li I I I I I I I I I .1 L I I I I I I I Ii I I I DEF7NI TIONS: 7321 ASSOCIA 17ON MEANS THE OCEAN COLLECTiON ASSOCIA lION, A NONPROFIT MUTUAL BENEFIT CORPORA lION, AND ITS SUCCESSORS IN INTEREST. THE ASSOCIA liON IS AN "ASSOCIA 71ONa AS DEFiNED IN SEC liON 1351(o) OF THE CALIFORNIA OWL CODE. "ASSOCIATION PROPERTY" MEANS ALL REAL AND PERSONAL PROPERTY CONVEYED To OR ACQUIRED BY THE ASSOCiATiON. SUCH PROPERTY IS HEREBY MADE SUBJECT TO lilt RESTRICTIONS ON ASSOCIATION PROPERTY ESTABLISHED IN THE GOVERNING DOCUMENTS ANY REFERENCES IN ThUS DECLARATiON TO ASSOCIATION PROPERTY ARE REFERENCES TO THE ASSOCIATION PROPER?)' AS A WHOLE AND TO PORTiONS THEREOF. ADDITIONAL ASSOCiATION PROPERTY MAY BE ANNEXED TO THE PROJECT PURSUANT TO ARTICLE XIX AND UPON ANNEXA TTCW SHALL BECOME ASSOCIA liON PROPERTY. THE ASSOCIA liON PROPERTY IN PHASE 1, IS ALL THE REAL PROPERTY (INCLUSiVE OF IMPROVEMENTS) SHOWH ON THE CONDOMINIUM PLAN, EXCEPT FOR THE UNITS AND COMMON AREA. ASSOCIATiON PROPERTY SPECIFICALLY INCLUDES THAT PORTiON OF THE PROJECT DELINEATED AS ASSOCIATION PROPERTY ON THE CONDOMINIUM PLAN AND ALL REAL PROPERTY NOT A PART OF A UNIT. ASSOCIATiON PROPERTY INCLUDES, BUT SHALL NOT BE LIMITED TO, LANDSCAPED AREAS. WALKWAYS, DRIVEWAYS, PARKING AREAS. RAMPS. LOBBY AND STAIRWAY AREAS BET'A!EN UNITS IN THE Thy—STORY BUILDINGS, SEWER LATERALS EXCEPTING THE PORTIONS PfihiCIl ARE PART OF A UNIT, THE BUILDINGS (EXCLUDING THE UNITS CONTAINED THEREIN) AND ALL IMPROVEMENTS INCLUDING ALL FiRE RISE ROOMS AND ALL ELECTRICAL EQUIPMENT AREAS SHOW ON THE CONDOMINIUM PLAN, THEIR BEARING WALLS. INCLUDING ROOFS. FOUNDATIONS. FLUES. CHUTES. CONDUITS, GAS, WATER AND WASTE PIPES, PLUMBING, WIRES AND OTHER UI1LI1Y INSTALLATiONS (EXCEPT 71-lOSE PORTIONS DESiGNED TO SERVE A SINGLE UNIT AND lilt LINE AND OUTLETS THEREOF LOCATED WITHIN THE UNIT AND WHICH SERVE ONLY THAT UNIT) THAT ARE REQUIRED TO PRO WOE POWER, LIGHT, TELEPHONE, GAS, WATER, SEWERAGE, AND DRAINAGE, TOGETHER WITH SPRINKLERS, SPRINKLER PIPES AND SPRINKLER HEADS, SPRINKLER SYSTEM WIRING OR OTHER SPRINKLER SYSTEM COMPONENTS THAT PROTRUDE INTO THE AIRSPACE OF THE UNIT, ALL WHETHER CURRENTLY CONSTRUCTED OR CONSTRUCTED IN THE FUTURE. J. "COMMON AREA' MEANS THE VOLUMES OF AIRSPACE SHOWN ON PACE 13 OF THE CONDOMINIUM PLAN AND THEREIN LABELED AS COMMON AREA' AND IN CONSIDERATION OF A 10 FOOT HIGH SECTION OF AIRSPACE BEGINNING AT A PLACE 50 FEET ABOVE THE HIGHEST BUILDING APPURTENANCE, AS DESCRIBED HEREIN AND DESCRIBED AND DEPICTED IN THE CONDOM/MUM PLAN. AN UNDIVIDED INTEREST IN SUCH AIRSPACE SHALL BE OWNED BY OWNERS IN EACH PHASE OF THE PROJECT AS TENANTS—IN—COMMON. ANY REFERENCES IN THIS DECLARATION TO COMMON AREA ARE REFERENCES TO THE COMMON AREA AS A YñlOLE AND TO PORTIONS THEREOF. 4. "COMMON PROPERTY" MEANS THE COMMON AREA, THE ASSOCIATION PROPERTY AND THE IMPROVEMENTS CONSTRUCTED THEREON. ANY REFERENCES TO THE COMMON PROPERTY ARE REFERENCES TO THE COMMON PROPERTY AS A WHOLE AND TO PORTIONS THEREOF. 5 "CONDOMINIUM" MEANS AN ESTATE IN REAL PROPERTY AS DEFiNED IN CALIFORNIA CIVIL CODE SECTION 1351(f). A CONDOMINIUM CONSISTS OF AN UNDIVIDED FEE SIMPLE OWNERSHIP INTEREST IN THE COMMON AREA IN A PHASE, TOGETHER WITH A SEPARATE OWNERSHIP INTEREST IN FEE IN A UNIT AND ALL EASEMENTS APPURTENANT THERETO. THE UNDIVIDED FEE SIMPLE INTEREST IN THE COMMON AREA IN A PHASE IS APPURTENANT TO EACH UNIT IN SUCH PHASE AND IS A FRACTION HAVING ONE (1) AS ITS NUMERATOR AND THE NUMBER OF UNITS IN THAT PHASE AS ITS DENOMINATOR, AND SHALL BE HELD BY THE OWNERS OF CONDOMINIUMS IN THAT PHASE AS TENANTS—IN—COMMON. "CONDOMINIUM PLAN" MEANS THIS RECORDED PLAN, FOR THE FiRST PHASE AND ANY CONDOMINIUM PLAN FOR ANY SUBSEQUENT PHASE, AS EITHER MAY BE AMENDED, CONSISTING OF (A) A DESCRIPTION OR SURVEY MAP OF THE PHASE. WHICH SHALL REFER TO SHOW MONUMENTA liON ON THE GROUND, (B) A THREE DIMENSIONAL DESCRIPTION OF THE PHASE. ONE OR MORE DIMENSIONS OF WHICH MAY EXTEND FOR AN INDEFINITE DISTANCE UPWARDS OR DOWNWARDS IN SUFFICIENT DETAIL TO IDENTIFY THE ASSOCIATiON PROPERTY, COMMON AREA AND EACH UNIT. AND (C) A CERTIFICATE CONSENTING TO THE RECORDA liON THEREOF SIGNED AND ACKNOWLEDGED BY THE RECORD OWNER OF FEE TiTLE TO THE PHASE OR PORTION THEREOF, AND BY EITHER THE TRUSTEE OR THE MORTGAGEE OF EACH RECORDED MORTGAGE ENCUMBERING THE PHASE OR PORTION THEREOF. "DECLARANT" MEANS OCEAN COLLECTiON, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, ITS SUCCESSORS AND ANY PERSON TO WHOM IT ASSIGNS ANY OF ITS RIGHTS AND POWERS UNDER THIS DECLARATION BY EXPRESS WRITTEN ASSIGNMENT. ANY SUCH ASSIGNMENT MAY INCLUDE SOME OR ALL OF THE RIGHTS OF THE DECLARANT AND MAY BE SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS DECLARANT MAY IMPOSE IN ITS SOLE AND ABSOLUTE DISCRETION. AS USED IN THIS SECTION, SUCCESSOR MEANS A PERSON 14110 ACQUIRES DECLARANT OR SUBS TAN T1ALL Y ALL OF ITS ASSETS, OR WHO MERGES WiTH DECLARANT, BY SALE. MERGER, REVERSE MERGER, CONSOLIDATION, SALE OF STOCK, MEMBERSHIP INTERESTS OR ASSETS. OPERATION OF LAW OR OTHERWISE. DECLARANT IS A BUILDER AS DESCRIBED IN CALIFORNIA CIVIL CODE SECTiON 1375. SHEET 3 OF 13 SHEETS I I. I BRESS! RANCH OCEAN COLLECTiON PROJECT DESIGN CONSULTANTS I CONDOMINIUM PLAN 1 I 701 B Skeet, Suite 800 San Diego, CA 92101 I 619.235.6471 Tel 619.234.0349 Fax I CARLSBAD, CALIFORNIA I P. \3370\MAPPING\COW00\Cover\Cover Sheeis.dwg Aug 17, E010 DEFINITIONS: 7322 'DECLARAT1ON MEANS THE DECLARATiON OF COVENANTS, CONDITiONS AND RESTRICTIONS AND RESERVATION OF EASEMENTS FOR THE OCEAN COLLECTION RECORDED OR TO BE RECORDED IN THE OFFICIAL RECORDS OF SAN DIEGO COUNTY, CALIFORNIA, AS AMENDED AND RESTATED FROM TIME TO TIME. `EXCLUSIVE USE AREA" MEANS THE ASSOCIATiON PROPERTY OVER WHICH EXCLUSIVE EASEMENTS ARE HEREBY RESERVED FOR THE BENEFIT OF SPECIFIED OWNER(S) AND INCLUDES THOSE AREAS LABELED AND DEPICTED IN THE CONDOMINIUM PLAN AS 'STAIRS' AND WHICH HAVE BEEN IMPROVED WITH STAIRWAYS TO THE SECOND FLOORS OF THE ADJACENT UNITS, AND SUCH AREAS ARE DESIGNED To SERVE EITHER A SINGLE OR TWO UNIT(S), LOCATED WITHIN A BUILDING, BUT OUTSIDE THE BOUNDARIES OF ANY UNIT, IN ACCORDANCE WITH CIViL CODE SEC11ON 1351(I). MORE THAN ONE (I) UNIT MAY BE ASSIGNED A SPECIFIC EXCLUSIVE USE AREA AND THE RIGHT AMONG SUCH ASSIGNEES SHALL BE EQUAL. THE APPROXIMATE LOCATiON AND THE ASSIGNMENT OF EACH EXCLUSIVE USE AREA STAIRWAY, ELEVATOR OR LOBBY IS SHOWN ON THE CONDOMINIUM PLAN. IN ADDITION, ANY PORTiON OF THE ASSOCIATION PROPERTY WHICH MAY BE SUBJECT TO AN EXCLUSIVE USE EASEMENT WHICH MAY BE GRANTED BY THE BOARD TO THE OWNER OF ONE OR MORE (BUT NOT ALL) OF THE UNITS WITHIN THE PROJECT FOR THE EXCLUSIVE USE OF THE OCCUPANTS OF SUCH UNITS "IMPROVEMENT' MEANS ANY IMPROVEMENT IN THE PROJECT CONSTRUCTED OR INSTALLED ABOVE OR BELOW GROUND AND NOT LOCATED SOLELY WITHIN A UNIT, INCLUDING WITHOUT LIMITATION ALL BUILDINGS, PARKING AREAS, ROADWAYS, WALKWAYS, CURBS, GUTTERS, SEWER LATERALS, WALLS, POLES, SIGNS, EXTERIOR LIGHTING AND LIGHTING STANDARDS, EXTERIOR AIR CONDITIONING EQUIPMENT, ANTENNAE, HEDGES, BERMS, WINDBREAKS, TRASH ENCLOSURES, THE PAINT ON ALL BUILDINGS, LANDSCAPING, IRRIGA I1CW FACILITIES, TREES, SHRUBS, PLAZAS, PLANTERS, STAIRWAYS, RAILINGS, RAMPS, UTILITY LINES, PIPES AND CONDUITS AND ANY REPLACEMENTS, ADDITIONS, REPAIRS OR ALTERATIONS THERETO OF ANY KIND WHATSOEVER. IMPROVEMENTS WITHIN THE ASSOCIATION PROPERTY MAY INCLUDE, WITHOUT LIMITATION, DIRECTORY OR MONUMENT SIGNS, DIRECTIONAL SIGNS, TRASH ENCLOSURES, PARKING AREAS, PEDESTRIAN AND VEHICULAR ACCESS WAYS AND LANDSCAPED AREAS. "PROJECT" MEANS (A) PHASE 1, AND (B) EACH SUBSEQUENT PHASE DESCRIBED IN A NOTICE OF ADDITION, IF ANY. THE PROJECT IS A "COMMON INTEREST DEVELOPMENT" AND A "CONDOMINIUM PROJECT" AS DEFINED IN SECTIONS 1351(f) AND 1351(c) OF THE CALIFORNIA CIViL CODE. REFERENCES TO THE PROJECT INCLUDE REFERENCES TO ALL OR ANY PORTION OF THE PROJECT. "UNIT" MEANS A SEPARATE INTEREST IN A VOLUME OF SPACE AS DEFINED IN SECTION 1351(f) OF THE CALIFORNIA CIVIL CODE. EACH UNIT IS A SEPARATE FREEHOLD ESTATE, AS SEPARATELY SHOWN, NUMBERED AND DESIGNATED IN THE CONDOMINIUM PLAN. IN INTERPRETING DEEDS, THIS DECLARATION AND THE CONDOMINIUM PLAN, THE ACTUAL BOUNDARIES OF EACH UNIT SHALL BE DEEMED TO EXTEND TO (I) THE UNFINISHED SURFACE OF THE BOTTOM OF THE INTERIOR PORTION CF A ROOF, (II) THE UNFINISHED SURFACE OF THE TOP OF THE FLOOR SLAB, AND (III) THE UNFINISHED, INTERIOR SURFACE OF THE WALLS WHICH ESTABLISH THE PERIMETER WALLS OF THE UNIT, IT BEING A FURTHER RIGHT OF EACH UNIT OWNER TO PAINT OR OTHERWISE FINISH OR DECORATE SUCH UNFINISHED SURFACES. EACH UNIT SHALL INCLUDE RELATED DUCT WORK FOR HEATING AND AIR CONDITIONING AND VnNDOV, DOORS, FLUES, CHUTES, CONDUITS, GAS, WATER AND WASTE PIPES, PLUMBING WIRES AND OTHER UTILITY INSTALLATIONS DESIGNED TO EXCLUSIVELY SERVE THE UNIT OR ANY OUTLETS THEREOF LOCATED WITHIN THE UNIT, ALL WHETHER CURRENTLY CONSTRUCTED OR CONSTRUCTED IN THE FUTURE. THE UNIT SHALL NOT INCLUDE LOAD BEARING AND UTILITY BEARING WALLS WITHIN THE PERIMETER OF THE UNIT, OR SPRINKLERS, SPRINKLER PIPES AND SPRINKLER HEADS THAT PROTRUDE INTO THE AIR SPACE OF THE UNIT, ALL WHETHER CURRENTLY CONSTRUCTED OR CONSTRUCTED IN THE FUTURE. THE FOREGOING INTERPRETATION SHALL APPLY NOTWITHSTANDING ANY DESCRIPTION EXPRESSED IN THE DEED, THE CONDOMINIUM PLAN OR THE DECLARATION, REGARDLESS OF SETTLING OR LATERAL MOVEMENTS OF IMPROVEMENTS, AND REGARDLESS OF MINOR VARIANCES BETWEEN UNIT BOUNDARIES SHOWN IN THE CONDOMINIUM PLAN OR DEED AND THOSE OF THE IMPROVEMENTS. I I SHEET 4 OF 13 SHEETS / PROJECT DESIGN CONSULTANTS CONDOMINIUM PLAN BRESSI RANCH OCEAN COLLECJ10N 701 B Street, Suite 800 San Diego, CA 92101 CARL.SBAD, CAL.IFORNIA 619 235.6471 Tel 619.234.0349 Fax I P. \3370\MAPP!NG\CONDO\Cover\Cover Sheets.dwg AU9 LI.. CUIU L n I I I I I I I 77 L I fl I I I I I I I I BOUNDARY 323 LOT I r A r) r' A r TRA CT A ( -r ,— rui'i-ui Jrii-.'i i\i]AP No. 14950 /j=26'39108' L OT 16 IN R=82.00' L38.14' "E(R) N90V0'00W 553.05' - N7657"W1R) A=222644" INDICATES EXISflNG EASEMENT IN FAVOR OF liIE CITY OF CARLSBAD FOR GENERAL U1IJTY AND ACCESS REC. NOV. R5 0.00' / ( 20, 2007 AS INSTRUMENT Na 2007-0729932, O.R. L=19.59 LOT 1 ------------ t--4 17, MAP NO?Lf 157901 11 Y / W FOR PUBLIC UllUflES RECORDED APRIL 11, I / / INDICATES EXIS17NG EASEMENT IN FAVOR OF 2005 AS INSTRUMENT Na 2005-0294004, O.R. A=12744" . I MAINTENANCE EASEMENT I R=486.00' INDICA YES EXISI7NG LANDSCAPE L=12.40' PER MAP 14960 i i ' L.J -- -- N8930'25W IV 479.28' ' LOT 22 LOT 19 4=8156280Z GATEWAY ROAD R=25.00' INDICATES EXISIING RESTRICTED SIGHT DISTANCE CORRIDOR AREA PER MAP 14960 FcARLSBAD TRACT CT LOT S LOT 9 02-14 CARLSBAD TRACT CT 02-15 UNIT -j j\jJAP N0,14980 MAP NO -14777 I I I I I I I SCALE: I"= 100' 1 SHEET 5 OF 13 SHEETS CONDOMIMUM PLAN PROJECT DESIGN CONSULTANTS BRESS! RANCH OCEAN COLLEC110N 7010 Street, 5UIe 800 San Diego, CA 92101 CARLSBAD, CAUFOANJA 519.235.6471 Tel 619.234.0349 Fax I P. \3370\MAPPINC\CONDO\Boundory\60undar7 & Building Locotion.dwg Aug 17, 2010 553.05' N9OVO'OO"W II-.. 318.00', I—J I BU!WING A I I FF=327.8 I -'u-------- - - :_:jIjjI,)/yeI; +H*HD*H*H+H*FH-O LLUI L.LL1LLU. I H'I FL1LIJJJ, I I ri r ----i r --I - I 9L4LDING C I I BU!WING 01 I BUILDING E I I FF=321.2 I I FF=327.8 I I FF=322.4 I 11111111 'i- 112.10' -j 104.00' ! 263.18' N8930'25"W 479.28' GATEWAY ROAD /j=O55'55 R=486.00' L= 7.90' txj LOT ii LOT -19 I I I I I I I I I I I I :1 I I II I I I BUILDING LOCA liON 732 LINE TABLE LINE BEARING LENGTH Li N00V000E 36.82' L2 N00V0'00E 37.48' L3 S00 '00'00"E 35.69' L4 S00V0'00E 37.331_ L5 Soo 00'00E 37.56' rArI rrA Lii\P1L bDj-1 r'r) A --r r Iflr1L1i Li Lo-r 5 I LOT 9 02-J4 UNIT -j r A r) I ci A r TRA CT A -r -r' 02 -15 Li rt Pt L D L) r Li J ft r\ Li J Li J MAP N j\IJAP Na 14960 14777 SCALE. 1" = 100' SHEET 6 OF 13 SHEETS PROJECT DESIGN CONSULTANTS CONDOMINIUM PLAN BRESSI RANCH OCEAN COLLECTION 701 B Street, Suite 800 San Diego, CA 92101 t 619.235.6471 Tel 619.234.0349 Fax CARLSBAD, CALIFORNIA P. \3370\MAPPING\CONDO\BoundarylBoundory & Building Locotion.dwg Aug 1/, dUlU ,- A r) r' r A r TRA CT r r' r\r - L,r-\rLJDj-\L) U J LJL j\jJAP J\1C) 14960 LOT IS LOT 22 BUILDING A ELECTRICAL EQUIPMENT —1 325 na L ILL L J.j 1 J. J' Ui 9.4 1 J. TY td td 5.31 ." ' Q1L 121 tli UNIT UNIT 0 0 0 0 0.7'— - 0.7'— - 0.7'— - 0.7'— I... L 26.7' 42&7' -- 770.0' FIRE RISER ROOM FIRST FLOOR cs En I 5.3' 4.7' 5.3' 4.7' I UNIT UNIT QNff 0 0 0 0 — 0.7'— 0.7'— - 0.7'— - 0.7'— - SECOND FLOOR SCALE: 1 = 20' SHEET 7 OF 13 SHEETS r PROJECT DESIGN CONSULTANTS CONDOMINIUM PLAN *40 E'M.. BRESSI RANCH OCEAN COLLEC710N 701 B Street, Suite 800 San Diego, CA 92101 619.235.6471 Tel 619.234.0349 Fax CARLSBAD, CALJPORN14 P. \3J70\MAPP!NC\C0ND0BuiIdings\ T)picol Units.dwg Aug 17, 2010 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I BUILDING B 7326 ELECTRICAL EQUIPMENT Ui 96 IN 9d Id I 530 470 530 470 4010, UK UNIT UML I 0.7'— 0.70 0.7'— I - r. I LJ120.6' I[ 29.0' 29.0' 28L7' 1 118.7' FiRE RISER ROOM-' FIRST FLOOR fs ~ ji 46 K id dij 33- J.J' 1 470 530 7' UBuL UNIT Q(1L QMl - 0.7'—- 0.7' 0.7'—- --2a7' SECOND FLOOR SCALE: 1" = 20' SHEET 8 OF 13 SHEETS CONDOM/MUM PLAN PROJECT DESIGN CONSULTANTS BRESSI RANCH OCEAN COLLEC110N 701 B Sbect Suite 800 San Diego, CA 92101 619,235.6471 Tel 619.234.0349 Fax CARLSBAD, CALIFORNIA P. \3370\MAPPING\C01V00\8uildings\ TkoI Units.dwg Aug 17 2010 I I I I I I I I I I I I I I I I I I I BUILDING C 7327 100.0 I 49.0 1' 49.0' I 2I 5.4,i I ELEC7RICAL Q1 K QI EQUIPMENT I FiRE RISER I 3.4'II ROOM II 0. 7'—,! 49.0' 49.0' 100.0' FIRST FLOOR SCALE: 1" = 20' SHEET 9 OF 13 SHEETS CONDOMINIUM PLAN roo ft * 1, Arddmxwml&wkwnanWl&*bw! [Sumv PROJECT DESIGN CONSULTANTS BRESSI RANCH OCEAN COLLEC11ON 701 B Street, Suite 800 San Diego, CA 92101 cARI..SB4D, CAUFORNIA 619.235.6471 Tel 619.234.0349 Fax P. \3.370\MAPPING\CONDO\6uildings\ 1)picol lfnits.dwg Aug 17, 2010 BUILDING D I 7328 I 84.0' I 84.0' FIRST FLOOR SECOND FLOOR SCALE: 1" = 20' SHEET 10 OF 13 SHEETS CONDOMINIUM PLAN PROJECT DESIGN CONSULTANTS BRESS! RANCH OCEAN COLLEC110N 7016 Street, SuIte 800 San Diego, CA 92101 619.235.6471 Tel 619.234.0349 Fax CARLSBAD, CAUFORNIA P. \3370\MAPPINC\CONDO\Bus7dings \ Tjicol lfnils.dwg Aug 17, 2010 U I I I I I I I I I I I II I 1 I I BUILDING E 7329 -- 41.0' 10 11 cd 2. RISER ROOM I ELECTRICAL I I EQUIPMENT UNIT N N, Q(L IQ 1010 I I 0.7'— - I p.' I I I 4 41.0' 41.0' ----------------- 84.0' FIRST FLOOR SCALE: 1 = 20' SHEET 11 OF 13 SHEETS NDO PLAN re PROJECT DESIGN CONSULTANTS BRESS! RANCH OCEAN COLLEC770N 701 B Sweet. Suite 800 San Diego, CA 92101 619.235.6471 Id 619.234.0349 Fax CARLSBAD, CALIFORNIA P: \3370\MAPPINC\C0N00\8uildings\ TicoI lJnis.dwg Aug 17, 2010 I I I I I I I I I I 1 I I I I I I I I BUILDING SECTiONS 7330 2 SIAIIT lIMIT IDAIlT 'FLOOR- F2 TYPICAL OF BUILDINGS A. B & 0 Will WiLL :z FIRST FLOOR' ~FF TYPICAL OF OF BUILDINGS C & E SHEET 12 OF 13 SHEETS CONDOMINIUM PLAN PROJECT DESIGN CONSULTANTS , BRESS! RANCH OCEAN COLLECTION 701 B Skeet, Suite 800 San Diego, CA 92101 619235.6471 Tel 619.234.0349 Fax CARLSBAD, CALiFORNIA P: \3370\MAPPINC\CONDO\Sections \Bldg Sec fions.dwg Aug 17, 2010 I I I I I I I I I I I 1 I I I II I I COMMON AREA SEC liON 7331 INF7N!JY UPWARDS INRMTY UPWARDS INTO DIE HEA%1NS INTO THE HEAVENS f ASSOCIATION PROPERTY 50' ABOVE HIGHEST BUILDING APPURTENANCE >- ASSOCIA liON PROPERTY in A BUILDING LIM17 S . .. L0I4ER LIMI1S TO THE LOVER UMITS TO THE CENTER OF THE EARTH CENTER OF THE EAR 111 SHEET 13 OF 13 SHEETS CONDOMINIUM PLAN re PROJECT DESIGN CONSULTANTS lI llw BRESSI RANCH OCEAN COLLECTiON 701 B SUeet, Suite 800 San Diego, CA 92101 CARLSBAD, CALIFORNIA 619.235.6471 Tel 619.234.0349 Fax P: JJ70\MAPPlNC\C0NO0lSections\B1dg Sections.dwg Aug 17, 2010 I I I I 11 I I El n I I I I I I I I EXHIBIT 5 ASSESSOR'S PARCEL MAPS I I - ----------*---------------------------------- ---1 14 05 4 AC os ----i - PALOMAR AIRPORT RD 10 V PAR I w 7 — 3 CD 10A. ~3.,Soj" 09' 15 PAR 3 5.6 AC PAR 2 P 0 c 5' 22 8,2 AC CAMPBELL PL 3 P112074 jam 4 fMJ 0S m.9? 15k cLSC 21 '2 (03) Is 1.AC 1" 17 M 18 4,344-AC 19 20 9 3 2 - k&lI IèIC k'' AD=-' 2' GATEWAY Pfl 1' SNI OO cOJI1Y ASMSSM U4 213-26 S A SHT2OF5 1" = 200' 1/20/10 HGS 10 140 ACCES$ 40—FOOT ACCESS SHT 3 3C11.J9715 VU CARLD MINC SIJBCMSON 07—lO 'IASAI BUfl.OR4G 8 & lb 4 c-mt. i e841 - ISP C CAI&AD icr ci 07 lb C, 0 3 MAP 14960— CARLSBAD TCT CT 02-15 5 (a I goo 4.AC ~- 1AC CAMPBELL PL \ 3. 31 an affair 30 t 3. 1.ACJr 20 0 SHT 60 LIL L_U.IuILiLW .. UIL LWW—_ winy ASZRMn u,p 08 I 213-26 . SHT 2 OF 5 Lo( SHT 1 L___— N 1 - A wii,ii .si* ' —.prr t ( Au A iAu III A 0 ls9AC DAC1 I -AC.XSS o 'A 2 c T 3 3 C1RI. 9715 - - ipu OARLSBAD MO PW2 ;-WP -. - MOM" 07-10 — - _ LAuiPL_ MASP.T euamio a & L.IJt 4- Como ST CLW DI OAN --.-.... 41 1 .AC 4 19 20 H !LP °.. GATEWAY RD ir pp.LOMAR AIRPORT RD 43 P 2Q L3 MAP 15790 - CARLSBAD TCT CT 07-12 MAP 14960- CARLSBAD TCT CT 02-15 I * I I I I 1 I LI I I I H H I LI I I I I Fil EXHIBIT 6 AMENDED ASSESSMENT DIAGRAM LI I- L--j AMENDED ASSESSMENT DIAGRAM OF ASSESSMENT DISTRICT NO. 2002-01 (POINSETTIA LANE EAST) CITY OF CARLSBAD COUNTY OF SAN DIEGO STATE OF CALIFORNIA AMENDING ASSESSMENT NUMBER 3-17-18-1 Rm VICINITY MAP - N.T.S. LEGEND APPORTIONMENT BOUNDARY C MAP REFERENCE NUMBER (:1:> PREVIOUS MAP REFERENCE NUMBER FILED IN THE OFFICE OF THE CITY CLERK OF THE CITY OF CARLSBAD. THIS DAY OF , 201_. crry CLERK CITY OF CARLSBAD RECORDED IN THE OFFICE OF THE SUPERINTENDENT OF STREETS, CITY OF CARLSBAD, THIS,._. DAY OF ______________ 201_. SUPERINTENDENT OF STREETS CITY OF CARLSBAD THIS AMENDED ASSESSMENT DIAGRAM AMENDS THE ASSESSMENT DIAGRAM OF ASSESSMENT DISTRICT NO. 2002-01, CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. PRIOR RECORDED THE 6TH DAY OF MAY, 2004, IN BOOK 38 OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS AT PAGE 37, DOCUMENT NUMBER 2504-0404503 IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. - - - - - - - - - - - - - TEE - - - _ - mmm~W~111 FILED THIS —DAY OF______________ 201_AT THE HOUR OF O'CLOCK _M.. IN BOOK OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS AT PAGE(S) AT THE REQUEST OF THE CITY OF CARLSBAD IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. FEE: GATEWAY RD PREVIOUS ASSESSMENTS MAP ASSESSMENT USSESSOCS PARCEL REP, NO, NO PARCEL NO, DESCRIPTION 7 3.17.76.1 213,200.01 LLA 0640. PARCEL U AMENDED ASSESSMENTS MAP ASSESSMENT ASSESSOR'S PARCEL NEV.NO, - NO. PARCEL NO - - 3171R1 213:261:15.02 LOT ,, UNIT 2 "3 -- - 3.17.36.14 210.201.13.03 LOT S, UNIT S 4 s 3.17.18.14 3.17.15.14 210.207.I6.04 213.267.1545 LOT ?, UNIT S CARLSBAD TRACT LOT?.UNITS - - 3.10.16.1.0 213.261.13.07 LOT l, UNIT ? 8 0 - 3.77.13.14 3.10.16.14 213.231.10.06 213.261.13.09 LOT ?, UNIT 6 CARLSBAD NA W ILOTI,UNITS 0 - 3.17.16.1.10 3.17.16.1.11 213'201.IT.10 213.201.13.11 CARLSBAD P; 17 - 3.17.10.1.12 213.201.16.12 -1,ANITIC CARLSBADTRACTCr07.72,LOT1,01Cr12 CATLSMAOTRACT0007.12.LOT?, UNIT IS A, 14: 3.10.18.1.10 3.17.18.1.14 213.261.15.13 218.281.15.14 CARLSBAD700CrCT00.12,LOT?, UNIT 14 i r NOT TO SCALE WWILLDAN Financial Services 27NOV18 II1dNS8tU, 04160110 TOmOUSlO, CA 92590 851.587.3500 PhOne 951.587.3510 FaM 3200094-15 SEPTEMBER 2012 z —I IT! D INSTRUMENT. NO.: DAVID L SLITtER. COUNTY RECORDER BY DEPUTY, COUNTY RECORDER COUNTY OF SAN DIEGO NOTE: FOR PARTICULARS OF THE LINES AND DIMENSIONS OF ASSESSOR'S PARCELS, REFERENCE IS MADE TO THE MAPS OF THE SAN DElCO COUNTY ASSESSOR OF SAN DIEGO COUNTY RECORDS WHICH MAPS SHALL GOVERN FOR ALL DETAILS RELATING THERETO. REFERENCE: TRACT NO. CT 07-12 DOCUMENT NUMBER: 2010-0416212 CONDOMINIUM PLAN DOCUMENT NUMBER 2010-0430183 I I I 1 I 77 Li I L H I I I I I EXHIBIT 7 NOTICE TO BONDHOLDER I I I WO WILLDAN extending Financial Services reach CERTIFIED MAIL Dated: September 20, 2012 Stone and Youngberg Attn: Bill Huck 4350 La Jolla Village Drive, Suite 140 San Diego, CA 92122 NOTICE To BOND HOLDER DIVISION OF LAND AND ASSESSMENT NOTICE IS HEREBY GIVEN to you as the original purchaser of the bonds issued by the City of Carlsbad to represent the unpaid assessments relating to the construction of certain public improvements in an assessment district known and designated as: Assessment District No. 2002-01 (Poinsettia Lane East). Said bonds were issued pursuant to the terms and provisions of the "Improvement Bond Act of 1915", Division 10 of the Streets and Highways Code of the State of California. NOTICE IS HEREBY GIVEN that an apportionment has been made by the property owner of a assessment relating to the assessments and parcels as indicated by the enclosed report. NOTICE IS HEREBY GIVEN that unless a request for a public hearing is received within fourteen (14) days from the date of this Notice, the above-apportioned assessments shall be recorded in the manner and form as required by law. If you have any further questions, please contact the undersigned at the Office of the Director of Public Works/City Engineer at the following address: Mr. Marshall Plantz Jenifer Storsteen Senior Civil Engineer Willdan Financial Services City of Carlsbad 27368 Via Industria, Suite 110 1635 Faraday Temecula, CA 92590 Carlsbad, CA 92008 (951) 587-3500 This procedure is pursuant to the provisions of Part 10.5 of Division 10 of the Streets and Highways Code of the State of California and the "Improvement Bond Act of 1915". Willdan Financial Services On behalf of the City of Carlsbad Jenifer Storsteen, Analyst District Administration Services Engineering and Planning I Energy Efficiency and Sustainability I Financial and Economic consulting I National Preparedness and Interoperability 951 587 3500 I 800 755 6864 I fax 951 587 3510 I 27368 Via Industria Suite 110 Temecula California 92590-4856 I www.willdan.com I 1-1 I I 1 I I I I I I I I I I I n I I Li I I I 1 I n I I I I I I H EXHIBIT 8 NOTICE OF AMENDED ASSESSMENT I RECORDING REQUESTED BY: City of Carlsbad AND WHEN RECORDED MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Dr Carlsbad, CA 92008 I NOTICE OF AMENDED ASSESSMENT CITY OF CARLSBAD ASSESSMENT DISTRICT NO. 2002-01 (POINSETTIA LANE EAST) AMENDING ASSESSMENT NO. 3-17-18-1 (CARLSBAD TRACT MAP CT 07-12) Pursuant to the requirements of Section 3114 of the Streets and Highways Code of California, the undersigned City Clerk of the City of Carlsbad, County of San Diego, State of California, hereby gives notice that an amended assessment diagram and assessment were recorded in the office of the Superintendent of Streets of the City of Carlsbad, as provided for in said Section, and relating to the real property more particularly described on that certain amended assessment diagram filed in accordance with said Section on , 201_ as document number in Book of Maps of Assessment and Community Facilities Districts at Page in the office of the Recorder of the County of San Diego. I Said amended assessment diagram amends the assessment diagram "Assessment District No. 2002-01 (Poinsettia Lane East)" filed the 5th day of May, 2004 as Document Number 2004-0404503 in the office of said County Recorder in Book 38, Page 37 of Maps of Assessment and Community Facilities Districts. I DATED: .201 City Clerk City of Carlsbad County of San Diego State of California I I U I I I I I I I I I I I Reference is made to the amended assessment diagram and assessment roll recorded in the office of said Director of Public Works (Superintendent of Streets) of the Carlsbad for the amount of each of the amended assessments. Exhibit "A" hereto attached, and by this reference incorporated herein, shows the parcels subject to the amended assessments. PREVIOUS ASSESSMENTS ASSESSMENT ASSESSOR'S 3-17-18-1 213-261-15 3-17-18-1-1 3-17-18-1-2 3-17-18-1-3 3-17-18-1-4 3-17-18-1-5 3-17-18-1-6 3-17-18-1-7 3-17-18-1-8 3-17-18-1-9 3-17-18-1-10 3-17-18-1-11 3-17-18-1-12 3-17-18-1-13 3-17-18-1-14 213-261-15-01 213-261-15-02 213-261-15-03 213-261-15-04 213-261-15-05 213-261-15-06 213-261-15-07 213-261-15-08 213-261-15-09 213-261-15-10 213-261-15-11 213-261-15-12 213-261-15-13 213-261-15-14 I I I I I I I I I I I I I I AMENDED ASSESSMENTS ASSESSMENT ASSESSOR'S NO. PARCEL NO. I EXHIBIT A AMENDED ASSESSMENT ROLL I ASSESSMENT DISTRICT 2002-01 (POINSETTIA LANE EAST) BRESSI RANCH; CARLSBAD TRACT CT 07-12 I CITY OF CARLSBAD SAN DIEGO COUNTY DATE September 20, 2012 PARCEL LLA 06-09, PARCEL A PARCEL CARLSBAD TRACT CT 07-12, LOT 1, UNIT 1 CARLSBAD TRACT CT 07-12, LOT 1, UNIT 2 CARLSBAD TRACT CT 07-12, LOT 1, UNIT 3 CARLSBAD TRACT CT 07-12, LOT 1, UNIT 4 CARLSBAD TRACT CT 07-12, LOT 1, UNIT 5 CARLSBAD TRACT CT 07-12, LOT 1, UNIT 6 CARLSBAD TRACT CT 07-12, LOT 1, UNIT 7 CARLSBAD TRACT CT 07-12, LOT 1, UNIT 8 CARLSBAD TRACT CT 07-12, LOT 1, UNIT 9 CARLSBAD TRACT CT 07-12, LOT 1, UNIT 10 CARLSBAD TRACT CT 07-12, LOT 1, UNIT 11 CARLSBAD TRACT CT 07-12, LOT 1, UNIT 12 CARLSBAD TRACT CT 07-12, LOT 1, UNIT 13 CARLSBAD TRACT CT 07-12, LOT 1, UNIT 14 OWNER OF RECORD DEl, LLC OWNER OF RECORD OCEAN COLLECTION, LLC OCEAN COLLECTION, LLC OCEAN COLLECTION, LLC OCEAN COLLECTION, LLC OCEAN COLLECTION, LLC OCEAN COLLECTION, LLC OCEAN COLLECTION, LLC OCEAN COLLECTION, LLC SCREAMIN EAGLES VENTURES L L C SCREAMIN EAGLES VENTURES L L C OCEAN COLLECTION, LLC OCEAN COLLECTION, LLC OCEAN COLLECTION, LLC OCEAN COLLECTION, LLC Wilidan Financial Services 800-755-6864 Page 1 of 1 I 5 I CITY OF CARLSBAD APPORTIONMENT AND AMENDED ASSESSMENT REPORT ASSESSMENT DISTRICT No. 2002-01, (POINSETTIA LANE EAST) AMENDING ASSESSMENT NUMBER 3-16 CARLSBAD MINOR SUBDIVISION MS 06-13 JULY 2010 I I A Wi LLDAN J Financial Services Corporate Office: 27368 Via Industria Suite 110 Temecula, CA 92590 Tel: (951) 587-3500 Tel: (800) 755-MUNI (6864) Fax: (951) 587-3510 I I I I I I I I I Regional Office Locations: Oakland, CA Phoenix, AZ Sacramento, CA Orlando, FL I I I 'I I I I I I I. I I I 'I I I I I I TABLE OF CONTENTS APPLICATION FOR APPORTIONMENT..................................................EXHIBIT I METHOD OF SPREAD..............................................................................EXHIBIT 2 REVISED SPREAD AMENDING ASSESSMENTS...................................EXHIBIT 3 CARLSBAD MINOR SUBDIVISION MS 06-13.........................................EXHIBIT 4 ASSESSORS PARCEL MAP....................................................................EXHIBIT 5 AMENDED ASSESSMENT DIAGRAM.....................................................EXHIBIT 6 NOTICE TO BONDHOLDER.....................................................................EXHIBIT 7 NOTICE OF AMENDED ASSESSMENT...................................................EXHIBIT 8 I I I I)i I I I I I EXHIBIT I APPLICATION FOR APPORTIONMENT I I I [ APPLICATION ASSESSMENT APPORTIONMENT E-20 Develovment Services Engineering Department 1635 Faraday Avenue 760-602-2750 www.carlsbadca.gov I Please complete the application In full. Refer to the attached instructions for assistance. Return completed form to: CITY OF CARLSBAD Development Services Engineering Counter 1635 Faraday Avenue Carlsbad, CA 92008 (g3\ ±.g• Phone Number 2. I Call the NBS Government Finance Group at (800) 676-7516 for District and/or Project Information Original APN(S) Legal Description Original Assessment Amount(J I Purpose I (Please check one) t' Subdivision Map No.:MS c Parcel Map No.: Lot Line Adjustment No.: Parcel Map Waiver No.: I Number of new parcels; 3 Tract Map Apportionment (five or more parcels) per Chapter 2, Section 66426 of the Subdivision Map Act: (See the Fee Schedule attached) onment (four or less parcels) per Chapter sion Map Act: I The undersigned, being the owner or interested party in property as set forth below, hereby requests the City of Carlsbad to apportion the amount remaining unpaid on the above assessment(s) in accordance with the provisions of Part 105 of the improvement Bond Act of 1915 or Part 5, Chapter 5.5 of the Improvement Act of 1911 and said assessment is to be apportioned to each separate part of the original lot or parcel of land, the apportionate part of the amount remaining unpaid on the assessment that would have been levied thereon had the lot or parcel been so divided at the time of the I original confirmation of assessment. Applicants Signature Dale I IMPORTANT: TWO COPIES OF THE FINAL MAP OR ADJUSTMENT PLAT (18" x 26" BLUELINE & 8 /2 X II" REDUCTION) MUST BE PROVIDED TO BE USED AS THE BASIS FOR THE AMENDED ASSESSMENT DIAGRAM E-20 Page 1 of 2 REV 7/7/09 I d 1 i [1 I I 1 I 1 I EXHIBIT 2 METHOD OF SPREAD I I 1 City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 5 I •Part III Assessment Roll and I Method of Assessment Spread - On February 17, 2904 the City Council of the City Of Carlsbad, State of California, I did, pursuant to the provisions of the Municipal Improvement Act of 1913, (Division 12 of the Streets and Highways Code of the State of California), Article XlllD of the Constitution of the State of California, and the Proposition 218 I Omnibus Implementation Act (Section 53750 and following of the Government Code) (collectively, the "Assessment Law"), and in accordance with City of Carlsbad Policy 33, adopt its Resolution of Intention No. 2004-057, for acquisition I or construction of certain public improvements, together with appurtenances and appurtenant work in connection therewith, in a special assessment district known and designated as: U ASSESSMENT DISTRICT NO. 2002-01 (POINSETTIA LANE EAST) I(hereinafter referred to as the "Assessment District"); and 1 .WHEREAS, said Resolution of Intention, as required by the Assessment Law, did direct the Assessment Engineer to make and file a "Report", consisting of the following as required by Section 10204 of the Act: Plans and specifications for the improvements proposed to be acquired or constructed in sufficient detail to show or describe the general nature, location I and extent of the improvements; - A general description of the improvements proposed to be acquired and any 1 property necessary or convenient for the operation of such improvements; An estimate of the cost of the improvements and the costs of lands, right-of- way, easements, and incidental expense in connection with the improvements; Assessment Diagram showing the Assessment District exterior boundaries, the boundaries of any benefit areas within the district and the lines and dimensions of each parcel within the district and the benefit areas therein existing at the time of the adoption of the resolution of Intention; I - e. A proposed assessment of the costs and expenses of the improvements levied upon the parcels within the boundaries of the Assessment • District in proportion to the estimated special benefits to be received by each subdivision of property from the improvements; I Prepared by Galen N. Peterson March 29, 2004 I City of Carlsbad -Assessment District No. 2002-01 (Poinsettia Lane East) Page 6 I • f. The proposed maximum annual assessment to be levied upon each subdivision or parcel of land within the Assessment District specially benefiting from the improvements and for which the assessment is I unpaid to pay the costs incurred by the City and not otherwise reimbursed resulting from the administration and collection of - assessments or from the administration and registration of any associated I bonds and reserve or other related funds. For particulars, reference is made to the Resolution of Intention as previously adopted a copy of which is included in Appendix "A" of this Report. NOW, THEREFORE, I, GALEN N. PETERSON, pursuant to the Assessment I Law, do hereby submit the following: 1. Pursuant to the provisions of Assessment Law and the Resolution of I Intention, I have assessed the costs and expenses of the acquisition or construction of the improvements upon the parcels of land in the Assessment District specially benefited thereby in direct proportion and I relation to the estimated special benefits to be received by each of said parcels from the improvements. For particulars as to the identification of said parcels, reference is made to the Assessment I • Diagram, a copy of which is attached hereto. As required by Assessment Law, a Diagram is attached, showing the I Assessment District and the benefit areas therein, as well as the boundaries and dimensions of the respective parcels and subdivisions of land within said District and the benefit areas therein as I the same existed at the time of the passage of said Resolution of Intention,, each of which subdivisions of land or parcels or lots respectively have been given a separate number upon said Diagram and in I said Assessment Roll. The subdivisions and parcels of land, the numbers therein as shown on the I respective Assessment Diagram as attached hereto, correspond with the numbers as appearing on the Assessment Roll as contained herein. NOTICE IS HEREBY GIVEN that bonds will be issued in accordance with I Division 10 of the Streets and Highways Code of the State of California (the "Improvement Bond Act of 1915"), to represent all unpaid assessments, which bonds shall be issued not to exceed the legal I maximum term as authorized by law, i.e., THIRTY-NINE (39) YEARS from the 2nd day of September of the next succeeding twelve (12) months I, from the date of the bonds. Said bonds shall bear interest at a rate not to exceed the current legal maximum rate of 12% per annum. 1 Prepared by Galen N. Peterson March 29, 2004 City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 7 5. By virtue of the authority contained in the Assessment Law and by further direction and order of the legislative body, I hereby recommend the following Assessment to cover the costs and expenses of the acquisition or construction of the improvements for the Assessment District based on the costs and expenses as set forth below: As Preliminarily As Finally Approved Approved and Confirmed Construction and Incidental Costs less $ 34,995,291.23 $34,995,291.23 General Benefit (1) Formation and Issuance Expenses 1,288,417.00 1,288,417.00 Less Special Benefit Contributions (1,930,891.12) (1,930,891 .12) Less Interest Earned Capitalized Interest and Financing Costs 7,413,525.86 7,413,525.86 Total Assessment (2) $ 41,766,342.97 $ 41,766,342.97 I 1 I Subtotal Benefit Area No. 1(2) $ 29,417,441.97 $ 29,417,441.97 Subtotal Benefit Area No. 2(2) $12,348,901.00 $ 12348,901.00 Total Assessment (2) $ 41,766,342.97 $ 41,766,342.97 For particulars as to the individual assessments and their descriptions, reference is made to Exhibits 2 and A attached hereto. The general benefit not assessed is associated with a portion of Poinsettia Lane and El Fuerte as discussed in Exhibit A. An amount equal to such general benefit will be contributed by the developers as a deduction from.the purchase price for improvements to be acquired and not reimbursed from bond proceeds. Included in the total assessment are projected individual assessments representing the special benefit from the improvements to be conferred on public parcels (such as the school and park), non-profit organizations (such as open space parcels) and home owner association parcels to be created by the future subdivision of the existing parcels within the Assessment District. Assessments apportioned to such parcels upon the creation thereof will be contributed by the developers either as a deduction from the purchase price for improvements to be acquired and not reimbursed from bond proceeds or, if the purchase price for all improvements has been paid at the time of creation of any such parcel, by a cash contribution equal to the amount necessary to pay off any such assessment. [Ti lie I I 1 I I I. 1 Prepared by Galen N. Peterson March 29, 2004 I City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 8 I. Summary of Developer Contributions to Off-Set I General Benefit and Special Benefit Assessments Bressi La Costa Ranch Greens I (Benefit (Benefit Area No. 11 Area No. 2) Total 1 General Benefit Poinsettia Lane - Segment 1, Street $ 219,539.28 $ 193,460.72 $ 413,000.00 Improvements I Poinsettia Lane - Segment 2, Street $ 92,493.55 $ 81,506.45 $ 174,000.00 Improvements I El Fuerte - Street Improvements $ 381,360.00 $ - $ 381,360.00 Total General Benefit $ 693,392.82 $ 274,967.18 $ 968,360.00 I Special Benefit - Parcels Owned by Public Agencies, Non-Profit Organizations and Home Owners 1 • Association (1) City Park $ - $ 460,797.79 $ 460,797.79 I Open Space $ 48,567.87 $ 26,635.11 $ 75,202.98 Home Owners Association (I-40A) - 20,140.16 $ 20,140.16 Total Special Benefit (1) $ 48,567.87 $ 507,573.06 $ 556,140.93 Total Developer Contributions (1) $ 741,960.69 $ 782,540.24 $ 1,524,500.93 I Notes: I (1) Additional future parcels which will be owned by Public Agencies, Non-Profit Organizations or Home Owners Associations are identified in Appendix F and the special benefits of these parcels will be apportioned at the time of subsequent subdivision of existing parcels. The assessments for these future I parcels will be contributed by the developers either as a deduction from the purchase price for improvements to be acquired and not reimbursed from bond proceeds or, if the purchase price for all improvements has been paid at I the time of creation of any such parcel, by a cash contribution equal to the amount necessary to pay off any such assessment. I, 6. The Method and Formula of Spread of Assessment is as set forth in Exhibit "A", which is attached hereto, referenced and so incorporated I Prepared by Galen N. Peterson March 29, 2004 City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 9 Exhibit 2 Assessment Roll ' Assessment Land Use As Preliminarily As Finally I Number Approved Approved and Confirmed I i 2 Planned Industrial Planned Industrial $ $ 133,110.09 1,487,685.30 $ $ 133.11009 1,487,685.30- 3 Planned Industrial $ 2,832,724.07 $ 2,832,724.07 4 Planned Industrial $ 2,619,254.43 $ 2,619,254.43 I 5 Planned Industrial $ 1,741,701.50 $ 1,741,701.50 6 Single Family Development $ 2,493,790.47 $ 2,493,790.47 1 7 Single Family Development $ 1,526,810.49 $ 1,526,810.49 8 Single Family Development $ 2,417,449.94 $ 2,417,449.94 I 9 10 Single Family Development & HOA Single Family Development & HOA $ $ 1,802,430.14 2,155,046.02 $ $ 1,802,430.14 2,155,046.02 11 Single Family Development $ 815,981.03 $ 815,981.03 12 Single Family Development & HOA $ 2,319,874.24 $ 2,319,874.24 I 13 Church, Day Care & School $ 1,250,040.16 $ 1,250,040.16 14 Planned Industrial $ 74,691.03 $ 74,691.03 I 15 Retail, Office, Multifamily. Assisted Living. Boys & Girls Club and open space $ 5,746,853.07 $ 5,746,853.07 • 16 Open Space (OS) $ - $ - 17 OS (Assm'nt Contributed by Developer) $ - $ 1 • 18 Open Space (OS) $ $ - 19 Open Space (OS) $ - $ - 20 Open Space (OS) $ - $ - I 21 Open Space (OS) $ - $ - 22Industrial/Business Pan, Church. Day care and Townhomes/Single Family Des $ 1,127,846.77 $ 1,127,846.77 23 Open Space (OS) $ - $ - I 24 Park (Assm'nt Contributed by Developer) $ $ - 25 Single Family Development & School $ 3,053,281.02 $ 3,053,281.02 I 26 27 Single Family Development Open Space (OS) $ $ 2,357,989.35 - $ $ 2,357,989.35 - 28 HOA (Assm'nt Contributed by Developer) $ - $ - I 29 30 Single Family Development Open Space (OS) $ $ 2,746,861.05 $ $ 2,746,861.05 - 31 Single Family Development $ 512,367.86 $ 512,367.86 32 HOA (Assm'nt Contributed by Developer) $ - $ - 1 33 Multifamily (Affordable) (Assm'nt Contributed by Developer) $ - $ - 34 Townhome/Single Family Dev $ 2,550,554.95 $ 2,550,554.95 35 Open Space (OS) $ - $ - I 36 Open Space (OS) . $ - $ - 37 HOA (Assm'nt Contributed by Developer) $ - $ - 38 Open Space (OS) $ - $ - OS (Assm'nt Contributed by Developer) $ - $ - 1, 39 Total $ 41,766,342.97 $ 41,766,342.97 I Prepared by Galen N. Peterson March 29, 2004 I City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 10 EXHIBIT A METHOD AND FORMULA OF ASSESSMENT SPREAD I Since the improvements are to be funded by the levying of assessments, the Assessment Law requires that assessments be based on the special benefit that the properties receive from the improvements. In addition, the Assessment Law I provides that a parcel's assessment may not exceed the reasonable cost of the proportional special benefit conferred on that parcel. Further, only special benefits are assessable and the local agency levying the assessment must I separate the general benefits from the special benefits. All publicly owned property must be assessed if it specially benefits from the improvements. The Assessment Law does not specify the method or formula that should be I used to apportion the costs to properties in any special assessment district proceedings. The responsibility for recommending an apportionment of the costs to properties, which specially benefit from the improvements rests with the I Assessment Engineer, who is appointed for the purpose of making an analysis of the facts and determining the correct apportionment of the assessment obligation. In order to apportion the assessments to each parcel in direct proportion with the special benefit which it will receive from the improvements, an in-depth analysis I has been completed and is used as the basis for apportioning costs to each property within the Assessment District as explained below. 1 • Based upon an analysis of the special benefit to be received by each parcel from the improvements, the Assessment Engineer recommends the apportionment of costs as outlined herein. The final authority and action rests with I the City Council after hearing all testimony and evidence presented at a public hearing, and the tabulation of the assessment ballots previously mailed to all record owners of property within the Assessment District. Upon the conclusion of the public I hearing, the City Council must make the final determination whether or not the assessment spread has been made in direct proportion to the special benefits I to be received by each parcel within the Assessment District. Assessment ballot tabulation will be finalized at that time and, if a majority of the assessment ballots received prior to the close of the public hearing weighted by assessment amount I the are not opposed to the levy of the assessments, then the City Council may confirm levy of the assessments. I The following sections define and explain the special benefits and general benefits, and set forth the methodology used to apportion the costs of the improvements providing special benefits to each parcel, and confirm that the I assessments are reasonable and justified. The Method of Apportionment I The Assessment District improvements have been assigned into six benefit components; roadway, potable water, recycled water, sewer, dry utilities and 1 Prepared by Galen N. Peterson March 29, 2004 City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 11 . incidental expenses. Roadway improvement costs are spread on vehicle average daily trip (ADT) generation. Potable water, sewer and dry utility costs are spread on an equivalent dwelling unit (EDU) basis. Recycled water costs are spread to the roadway and specific parcels based on the amount of recycled water used for the irrigation of each roadway and specific parcel. The incidental expenses have been based on either the actual cost to each component of the improvements or if the incidental costs apply to all such components then to the prorated construction cost of each such component. Because some of the assessor parcel boundaries do not coincide with the Village Planning Areas or Neighborhoods, some initial assessments will be placed in aggregate on multiple assessor parcels until final maps are recorded and the new assessor parcels coincide with the Village Planning Areas or Neighborhoods as applicable. The procedure of identifying and apportioning special benefit to the land uses and parcels has been organized as follows: Identification of Benefit Components A-i Backbone Roadway Improvement Components i• A-2 Backbone Potable Water and Sewer Improvement Components A-3 Backbone Recycled Water Improvement Components I A-4 Backbone Dry Utilities Improvement Components I A-5 Incidental Expenses Components Special Benefits I C. General Benefits I D. Proportioning Special Benefits I I I. 1 D-1 Land Use Categories D-2 Proportionate Special Benefit of Roadway Improvements D-3 Proportionate Special Benefit of Utility Improvements D-4 Proportioning Formation, Issuance and Financing Costs I Prepared by Galen N. Peterson . March 29, 2004 I I 1 I I I I I I City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 12 I • E. Proclamations E-1 Assessments Equal to or Less Than the Proportional Special Benefits E-2 Reasonableness and Justification of Assessments I E-3 Future Apportionment A. IDENTIFICATION OF BENEFIT COMPONENTS I The improvements to be acquired or constructed by the City from the proceeds of bonds issued for each benefit area of the Assessment District are necessary for development of the Assessment District parcels and are required by the Villages of I La Costa (The Greens) and by the Bressi Ranch Master Plans and the conditions of development as set forth in the land use entitlements approved by the City for each benefit area. Without the improvements, the parcels within I the Assessment District cannot be developed to their planned ultimate uses pursuant to such land use entitlements. It is unfeasible and impractical for the parcels to be utilized to their highest and best I use without the backbone roadways and utilities that will be funded by the Assessment District. I • A-I Backbone Roadway Improvement Components The foremost purpose of the Assessment District is to provide financing for the I backbone road access so the Assessment District parcels can be developed. The most significant and costly improvement is the work I associated with the road construction. The road construction has created the need to relocate sewer mains and utilities, re-establish habitat areas, and install landscaping to protect the roadway slopes. The road construction has I also created the need to construct storm drains to protect the roadway and to relocate other facilities and provide mitigation areas that would not have otherwise been necessary if the road was not constructed. The road and I for associated costs have been placed into one roadway improvement component the purpose of defining the roadway costs and apportioning special benefit. A percentage of the cost of the backbone recycled water distribution system I has been spread in the same manner as the roadway expenses. This portion of the recycled water system improvements will provide an irrigation water I system for the roadway landscaping. The roadway improvement component includes: Poinsettia Lane, El Fuerte, El Camino Real, relocation of utilities, establishment of habitat mitigation I areas, and a portion of the recycled water system to serve the roadway landscaping. I Prepared by Galen N. Peterson March 29, 2004 I City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 13 I • A-2 Backbone Potable Water and Sewer Improvement Components Coincidental to the roadway improvements is the necessity to construct certain I backbone utility improvements within the roadway right of way concurrently with construction of the roadway improvements. These improvements confer a different special benefit to the properties than the special benefit conferred by I the roadway improvements. Therefore potable water and sewer (other than relocated facilities for the roadway costs) have been separated into wet utility components for purposes of defining special benefits and allocating the costs I of such components. A-3 Backbone Recycled Water Improvement Components I Coincidental to the roadway improvements is the necessity to construct certain backbone recycled water improvements within the roadway right of way I concurrently with construction of the roadway improvements. A percentage of these improvements confer a different special benefit to the properties than the special benefit conferred by the roadway improvements based on where I the recycled water will be used. The recycled water facilities have been separated into a separate component for purposes of defining special benefits and allocating the costs of such components. I • A-4 Backbone Dry Utilities Improvement Components Coincidental to the roadway improvements is the necessity to construct certain I backbone dry utility improvements within the roadway right of way concurrently with construction of the roadway improvements. These improvements confer a different special benefit to the properties than the special benefit conferred by I the roadway improvements. Therefore the dry utilities have been separated into a separate component for purposes of defining special benefits and allocating the costs of such components. I A -5 Incidental Expense Components I In addition to the improvement costs, there are incidental construction administration and Assessment District formation expenses. These costs include, but are not limited to: construction administration, construction I supervision, design, testing, surveying, assessment engineering, audit of acquisition costs, financial advisors, appraisals, bond counsel, underwriting, official statement printing, financing cost and establishment of a bond reserve fund. The costs of the formation of the Assessment District, including the costs I of issuance, have been determined to be eligible for inclusion and are included in the Assessment District incidental costs. Some of these costs can be assigned directly to one of the benefit components as shown in Appendix I "E". Other costs that cannot be assigned directly to one of the benefit I Prepared by Galen N. Peterson March 29, 2004 I City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 14 components have been prorated to each assessment number in accordance I with that assessment number's share of the construction cost. B. SPECIAL BENEFITS I The purpose of this Assessment District is to fund the construction and acquisition of public improvements required to serve the Assessment District I parcels. Special benefit is received by each parcel within the boundaries of the Assessment District from new roadway access and the availability of utility services that are required and necessary for the properties to develop to their highest I and best use in accordance with and as permitted by the approved land use entitlements. I The improvements to be constructed and/or acquired by the District accommodate the planned development within the Assessment District area in accordance with the approved land use entitlements. The Villages of La Costa (The I Greens) and the Bressi Ranch Specific Plan environmental documents and the Tentative Map identify the need for access and utilities, and place conditions upon the parcels within the Assessment District to provide those improvements. I The Assessment District Improvements satisfy the conditions of development by providing access and backbone utilities so the projects can support their planned uses. Without the improvements, the parcels within the Assessment District could • not be developed to their planned and conditionally approved uses. The special benefit conferred on the parcels within the Assessment District from I the proposed improvements include: increased development potential, relief from access constraints, improved accessibility to utilities, fulfillment of development conditions and ensured investment returns. The special benefit to each parcel is I such that the parcels will be allowed to gain access to a public street network and have water, sewer, recycled water and dry utilities readily available, thereby allowing them to develop to their highest potential. I Special benefit accrues to each parcel to be subdivided and served by the improvements to be constructed. Since some of the areas within the Assessment 1 , District have not been subdivided into individual lots at this time, the assessments will be placed in aggregate on one or more existing assessor parcels and apportionment of the assessments will take place as final maps record. I C. GENERAL BENEFITS Some public improvements will confer general benefit to properties or the public at I large outside the Assessment District. In making an analysis, a review was conducted of the surrounding areas. The review resulted in identifying general I benefits that accrued to properties outside the Assessment District. I Prepared by Galen N. Peterson March 29, 2004 City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 15 • I Poinsettia Lane is designated as a prime arterial roadway. Previously, Poinsettia Lane did not exist east of El Camino Real. Four lanes are proposed to be constructed. Two lanes are required to serve the estimated volume of traffic generated by the Assessment District parcels. Two center lanes (one in each I direction) are required for through traffic originating outside of the Assessment District. The costs associated with the construction and placement of the asphalt and base for the two center lanes have been determined to be a general I benefit and will not be assessed to parcels within the Assessment District. El Fuerte Street is designated as a secondary arterial roadway and will be I constructed from Palomar Airport Road south to connect to the existing terminus of El Fuerte Street at the southerly boundary of Bressi Ranch. Four lanes are proposed to be constructed. Two lanes are required to serve the estimated I volume of traffic generated by the Assessment District parcels. Two center lanes (one in each direction) are required for through traffic originating outside of the Assessment District. The costs associated with the construction and I placement of the asphalt and base for the two center lanes have been determined to be a general benefit and will not be assessed to parcels within the Assessment District. I Based on the estimated roadway construction costs, the cost of the roadway base and asphalt pavement to provide the two center lanes for both Poinsettia I • Lane and El Fuerte Street is approximately $968,360. The grading beneath the two center lanes of each roadway benefits the Assessment District because it provides lateral support to. the Assessment District paved lanes. This grading can not be eliminated from the overall roadway grading without I constructing retaining walls that would unreasonably increase the Assessment District cost. Therefore all of the Poinsettia Lane and El Fuerte Street grading I provides special benefit to the Assessment District Properties. D. PROPORTIONING SPECIAL BENEFITS I D-1 Land Use Categories The following land use categories are included in the Assessment District: U planned industrial, business park, community retail, office, single-family detached and single-family attached residential, apartments (affordable housing), assisted living, daycare center, boys and girls club, church, school, I home owners association recreation areas, park and open space. Except for the irrigated areas in Assessment Numbers 17 and 39 I (Village Green 05-2 and open space lot 34), the non-active and undeveloped open space areas do not receive special benefit from the works of improvements and will not be assessed. Open space areas are I those areas that are deeded or perpetually designated in easements. I Prepared by Galen N. Peterson March 29, 2004 I City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 16 I .D-2 Proportionate Special Benefit of Roadway Improvements Trip Generation Factors for Roadway Improvements The use of and need for roadway improvements is a function of the number of vehicle trips per day generated by the use of the land served by the streets. Traffic engineers have developed traffic I generation factors, which are related to development density and type of land use. Therefore, trip generation is an appropriate basis for apportioning roadway improvements and related costs among the I specially benefited parcels. The trip generation factors will be estimated from the July 1998, SANDAG Trip Generation Manual and weighted as explained below. I SANDAG categorizes trips as primary, diverted and pass-by. This analysis uses only the primary trip percentages for the non-residential I land use categories to avoid double counting of the residential trips. Single Family Detached Trip Generation I The Average Daily Trips (ADT) per detached single-family dwelling is 10 ADT. The Assessment District single-family dwelling product types are similar to the SANDAG study areas. I • Single Family Attached Trip Generation The Average Daily Trips per attached dwelling unit or for a condominium I unit is 8 ADT. Affordable Housing (Bressi Ranch) Trip Generation The Average Daily Trips for each affordable housing unit, based on the I formula in footnote R of the 1998 SANDAG Trip Generation Manual, is 6.4ADT (-2.169 Ln(100 units/5.13 ac) + 12.85). I Apartment Affordable Housing (Greens) Trip Generation The Average Daily Trips for each affordable housing unit, based on the I 1998 SANDAG Trip Generation Manual for apartments, is 6 ADT. Assisted Living Trip Generation The Average Daily Trips for each assisted living room, based on 1998 SANDAG Trip Generation Manual for congregate care facility, is 2 ADT. I Industrial Trip Generation The Average Daily Trips for industrial is 80 ADT The park per net acre. primary trip percentage for industrial park is 79%. I,. I Prepared by Galen N. Peterson March 29, 2004 City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 17 S Community Retail Trip Generation The Average Daily Trips for commercial shops - specialty retail/strip commercial is 40 ADT per 1,000 square feet. The primary trip percentage for this land use is 45%. Office Trip Generation The Average Daily Trips for corporate headquarters office is 7 ADT per 1,000 square feet. The primary trip percentage for this land use is 82%. School Trip Generation I The Average Daily Trips for an elementary school is 60 ADT per net acre. The primary trip percentage for an elementary school site is 57%. I Church Trip Generation The Average Daily Trips for a church is 30 ADT per net acre. The primary trip percentage for a church site is 64%. I Day Care Trip Generation The Average Daily Trips rates for day care use is 80 ADT per 1,000 I square feet. The Floor Area Ratio for the day care sites is estimated at 0.1 of building per net land area. Therefore, the 80 ADT per 1,000 square feet is equivalent to approximately 348 ADT per net acre (80 I times 43,560/1,000 times 0.1). The primary trip percentage for a day care is 28%. Boys & Girls Club Trip Generation U The Average Daily Trips for a multi-purpose recreational facility is 90 ADT per net acre. The primary trip percentage for this land use is 52%. I Home Owners Association Recreation Areas Trip Generation The Average Daily Trips generation for the home owner's association (HOA) recreation areas, which is equivalent to a neighborhood park, 1 is 5 ADT per net acre. In order to avoid double counting the residential trips, the primary trip percentage used for external trips is 25%. The HOA lots 47, 48 and 49 within Benefit Area No. 2 were assigned 10, 2.8 I. and 1.9 ADT per site, respectively. The three HOA areas in Planning Areas 9, 10 and 12 and the Village Green area (OS-2) within Benefit Area No. I were assigned 13.9 ADT. The Village Square area in Planning Area 15 within Benefit Area No. I was assigned 2.5 ADT. I Park Trip Generation The Average Daily Trips generation for a regional park is 20 ADT per net acre. The primary trip percentage for a regional park is 66%. lie I Prepared by Galen N. Peterson March 29, 2004 I I I I I City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 18 I. I Weighted Benefit by Land Use for Roadway Improvements The geographic concentration and placement of major land uses (residential, commercial retail and office, and industrial) within the Assessment District boundaries indicates that their impact on, hence their special benefits from, the roadway improvements are not uniform and should be weighted. The results of a study performed by Urban Systems, Inc. shown at the end of Appendix "F" indicates that the relative weighting for industrial and commercial land use compared to residential land uses on each roadway improvements is as follows: Road Relative Benefit Industrial Commercial Residential and Other Poinsettia Lane 0.4 0.7 1.0 El Fuerte 0.2 0.8 1.0 El Camino Real 0.6 0.5 1.0 These weights were applied to the ADT generation factors discussed above in order to arrive at an allocable share for each of the three roadway improvement costs. The costs for each of the roadway improvements were allocated only to the assessment numbers that specially benefit from such roadway improvements as set forth below: Poinsettia Lane - Poinsettia Lane roadway costs specially benefit all assessment numbers in the Assessment District. Therefore, Poinsettia Lane roadway costs were allocated to all assessment numbers based on the ADT generation factors and weighting applicable to Poinsettia Lane. El Fuerte - El Fuerte roadway costs specially benefit only assessment numbers 1 through 21. Therefore, El Fuerte roadway costs were allocated only to assessment numbers 1 through 21 based on the ADT generation factors and weighting applicable to El Fuerte. El Camino Real (Bressi Ranch portion) - El Camino Real (Bressi Ranch portion) roadway costs specially benefit only assessment numbers 1 through 21. Therefore, El Camino Real (Bressi Ranch portion) roadway costs were allocated only to assessment numbers I through 21 based on the ADT generation factors and weighting applicable to El Camino Real (Bressi Ranch portion). El Camino Real (Greens portion) - El Camino Real (Greens portion) roadway costs specially benefit only assessment numbers 22 through 39. I. I [1 1 I I. Prepared by Galen N. Peterson March 29, 2004 City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 19 I .Therefore, El Camino Real (Greens portion) roadway costs were allocated only to assessment numbers 22 through 39 based on the ADT generation factors and weighting applicable to El Camino Real (Greens portion). I D-3 Proportionate Special Benefit of Utility Improvements ' The most pertinent and reasonable utility improvement special benefit variable is average daily demand. The detached single family home will be the basic equivalence for measuring demand to other land use categories. Potable Water and Sewer Water and sewer demand was obtained from the 2002 update of the City of Carlsbad Water Master Plan. A summary of the water and sewer usage is shown below: 1 I I H lie I Land Use Potable Water and Sewer Usage Single Family Detached 550 gallons I day Single Family Attached 250 gallons / day Non Residential 2,300 gallons / 10,000 SF /day A single family detached unit has been assigned an equivalent dwelling unit (EDU) weight of 1.0 EDU. By converting the gallons per day to EDU we arrive at the following table: Land Use Potable Water and Sewer EDU Single Family Detached 1.0 EDU I Unit Single Family Attached 0.5 EDU / Unit Non Residential 4.2 EDU / 10,000 SF I The City of Carlsbad Water Master Plan estimates water demand for park as 2.5 acre-foot per acre per year. This translates to 2,230 gallons per acre per day (2.5 x 43,560 x 7.48/365). Potable water demand for park is estimated as 10% of the demand for recycled water for irrigation, resulting in 0.4 EDU per acre (0.1 x 2,230/550) of parkland. Prepared by Galen N. Peterson March 29, 2004 i I City of Carlsbad - Assessment District No. 2002.01 (Poinsettia Lane East) Page 20 I. 1 1 Homeowner association (HOA) lots water usage was estimated based on the characteristics of the parcels and their expected land use. The HOA lots 47, 48 and 49 within Benefit Area No. 2 were assigned 2.41, 2.08 and 1.43 EDU per site, respectively. The three HOA areas in Planning Areas 9, 10 and 12 and the Village Green area (OS-2) within Benefit Area No. I were assigned 3.8 EDU. The Village Square area in Planning Area 15 within Benefit Area No. 1 was assigned 1.0 EDU. The Assessment Diagram identifies two benefit zones for sewer improvements. Sewer Zone A includes all of the Assessment District parcels that benefit from the sewer improvements. Sewer Zone B includes the remaining Assessment District parcels that do not benefit from the sewer improvements. The water and sewer costs for new facilities (sewer relocation related to the construction of the road was allocated with the street costs) related to each street segment were allocated only to the assessment numbers that specially benefit from such water and sewer costs as set forth below: Poinsettia Lane Segment I - Poinsettia Lane Segment I water costs specially benefit only assessment numbers 22 through 39. Therefore, Poinsettia Lane Segment 1 water costs were allocated only to assessment numbers 22 through 39 based on the applicable EDU factors. Poinsettia Lane Segment 2— Poinsettia Lane Segment 2 water costs specially benefit only assessment numbers 1 through 21. Therefore, Poinsettia Lane Segment 2 water costs were allocated only to assessment numbers I through 21 based on the applicable EDU factors. -I * $ El Fuerte - El Fuerte water costs specially benefit only assessment numbers V i through 21. Therefore, El Fuerte water costs were allocated only to assessment numbers I through 21 based on the applicable EDU factors. I El Camino Real (Bressi Ranch portion) - El Camino Real (Bressi Ranch portion) water costs specially benefit only assessment numbers 1 through 21. Therefore, El Camino Real (Bressi Ranch portion) water costs were ' allocated only to assessment numbers 1 through 21 based on the applicable EDU factors. I. I El Camino Real (Greens portion) - El Camino Real (Greens portion) water costs specially benefit only assessment numbers 22 through 39. Therefore, El Camino Real (Greens portion) water costs were allocated only to assessment numbers 22 through 39 based on the applicable EDU factors. I Prepared by Galen N. Peterson March 29, 2004 I City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 21 Sewer costs benefit only assessment numbers in Sewer Zone A, as shown on the Assessment Diagram. Therefore, sewer costs for each road segment were allocated to the respective assessment numbers that the water was - allocated to, but only to parcels within Sewer Zone A based on the applicable I EDU factors. There was no assessment for sewer costs to the assessment numbers in Sewer Zone B, as shown on the Assessment Diagram. Summary of Special Benefit Factors I I. El $ Roadway Improvements Utilities Land Use Category Primary Trip Adjusted ADT % Applied 1 ADT EDUs Single Family 10/DU - 10/DU 1.0/DU Detached Single Family 8/DU - 8/DU 0.5 / DU Attached Affordable Housing 6.4 / DU - 6.4 / DU 0.5 / DU (Bressi Ranch) Apartment (Affordable 6/ DU - 6/DU 0.5 / DU Housing) Assisted Living 2 I Room - 2 I Room 4.2 / l0ksf Industrial 80/AC 79% 63 /AC 4.2 / 10ksf Community Retail 40/1,000 45% 18/1,000 4.2/l0ksf SF SF Office 7/1,000SF 82% 6/1,000SF 4.2/10ksf School 60/ AC 57% 34 / AC 4.2 / 1 0ksf Church 30/ AC 64% 19/AC 4.2 / 10ksf Day Care 80/1,000 SF 28% 97.4 /AC 4.2 / 10ksf Boys & Girls Club 90 / AC 52% 47 / AC 4.2 / 10ksf Homeowners 5/AC 25% 1.25 / AC 4.2 / 10ksf Association Rec Areas and per site and per site Community (Regional) 20 / AC 66% 13/ AC 0.4 I AC Park 1. Primary Trips are defined by SANDAG as "one trip directly between origin and primary destination." I. I Prepared by Galen N. Peterson March 29, 2004 I City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 22 I' . Recycled Water The recycled water system located within the public right-of-way will provide I irrigation water to (i) medians, parkways, and adjacent roadway slopes (in and adjacent to the public streets and public easements) (ii) landscaped slopes and pocket parks within the home owners association open space I areas (iii) landscaped areas of the public park (iv) landscaped areas of the school (v) landscaped areas of the private school and (vi) landscaped areas of the industrial section. The recycled water system specially benefits only the six categories stated above. Therefore, the recycled water system costs were allocated only to I the irrigated area of these six categories. The percentage of area in each category, determined from the total area in all six categories, was multiplied times the cost of the recycled water system to arrive at the cost to be applied I to each category. The resulting recycled water system cost for the first category was added to the cost for the roadways and spread to all of the assessment numbers that specially benefit from the roadways. The resulting I recycled water system cost for the second category was spread to all of the residential units within the homeowners association that specially benefits from the open space areas. The resulting recycled water system cost for the J, last four categories was spread to the assessment numbers that correspond S to those areas. I Dry Utilities The demand for dry utilities is considered to be similar to the factors I used for water and sewer as shown above. The dry utilities costs (limited by the Internal Revenue Service to five percent of the bond issue amount in order for the bonds to qualify for tax-exempt status) were allocated based on ' EDU factors using the same methodology and, except as noted below, the same factors as were used in allocating water costs. Due to the unique characteristics of the home owner association lots, the following dry utilities EDU factors were used for these lots: The HOA lots 47, 48 and 49 within Benefit Area No. 2 were assigned 1.5, 0.3 and 0.3 EDU per site, respectively. The three HOA areas in Planning Areas 9, 10 and 12 and the Village Green area (OS-2) within Benefit Area No. I were assigned 2.4 EDU. The Village Square area in Planning Area 15 within Benefit Area No. 1 was assigned 1.0 EDU. - D-4 Proportioning Formation, Issuance and Financing Costs I The costs to form this Assessment District, including the costs of issuance, S have been determined to be eligible for inclusion in the Assessment District I I Prepared by Galen N. Peterson March 29, 2004 I City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 23 t o funding. Some of the incidental costs can be assigned directly to one of the benefit components as shown in Appendix "E". These costs that cannot be assigned directly to any one of the benefit components and therefore have been separated into a separate component for purposes of defining special benefits and allocating costs on a pro-rata basis relative to the improvement costs associated with each parcel as shown in Table 1 of Appendix F. The financing costs (bond discount and bond reserve), including capitalized interest, have also been assessed on a pro-rata basis relative to the improvement costs associated with each parcel. E. PROCLAMATIONS E-1 Assessments are equal to or less than the proportional special benefit each parcel receives 1• The special benefit received from the Assessment District improvements exceeds the assessment allocated to each parcel. The improvements provided will increase the value of each parcel by more than the assessment levied upon it. To ensure that the assessments will be equal to or less than the proportional special benefit conferred, a review was made of similar properties in the vicinity. Comparison of recent sales records indicated that the average price per square foot of raw land increased in an amount greater than the costs of the assessments per square foot after backbone roadway and utility improvements were in place. E-2 Reasonableness and Justification of Assessments It is well known and understood by the development community that public infrastructure is required for raw land to develop to its highest and best use. After the passage of Proposition 13 and Assembly Bill 1600, developers and investors realize that they must provide the public infrastructure to support their developments without burdening existing properties. The Assessment District improvements are estimated to add 7% or more value to each parcel's overall value. A review of other developments has shown that this percentage is consistent with the costs of providing backbone access and utilities to raw land in similar developments. Therefore this Assessment levy is reasonable in relationship to the added value the improvements provide to the parcels. E-3 Future Apportionment of Special Benefit Special benefit will accrue to each parcel created by the subdivision of the property within the Assessment District. Since certain existing parcels within the Assessment District will not, at the time of formation of the Assessment District, have been subdivided into final lots, the initial assessments established at the time of formation of the Assessment District will be placed I I 1• I 1 Prepared by Galen N. Peterson March 29, 2004 I City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 24 I .in the aggregate on the assessors parcels existing at the time of formation of the Assessment District. An assessment levied on a parcel existing at the time of formation of the Assessment District will be apportioned among those I parcels created by the subsequent subdivision of such existing parcel. Assessments apportioned to any parcel created by the subdivision of an existing parcel which is to be owned by a public agency (each, a "Public I "501(c)(3) Parcel") or a non-profit 501(c)(3) organization (each, a Parcel") or a home owners association (each, an "HOA Parcel") must be paid off in full prior to the recordation of the final subdivision map creating such Public I Parcel or 501 (c)(3) Parcel or HOA Parcel or contributed by the Developer as a reduced purchase price for improvements to be acquired pursuant to the Acquisition/Financing Agreement. The City shall not provide to the owner or I subdivider of such existing parcel a certificate as required by Government Code Section 66493(f) for any subdivision certifying that the City Council has determined that provision has been made for the segregation of the I responsibility of each of the proposed new parcels for a portion of the assessment unless payment in full of the assessments apportioned to all Public Parcels, 501(c)(3) Parcels and HOA Parcels created by such I subdivision has been received by the City or otherwise contributed as described above. I It is the City of Carlsbad's policy that final lots that receive similar special benefit also have similar final assessments. If the future subdivision of any planning area does not yield the estimated number of dwelling units, the City reserves the right to require upon application of assessment reapportionment, I that a portion of the outstanding assessment be paid by the property owners to ensure that the assessments remain consistent within and I between the planning areas as further provided in the Acquisition/Financing Agreement. All reapportion ments will be subject to City. of Carlsbad policies and procedures. 1 FINDINGS AND DETERMINATIONS OF ASSESSMENT ENGINEER The undersigned, Galen N. Peterson, hereby finds and determine as follows: I I. I The proportionate special benefit derived by each parcel proposed to be assessed has been determined in relationship to the entirety of the costs of the improvements to be funded from the proceeds of the bonds issued for the Assessment District and the cash collections. No assessment is proposed to be imposed on any parcel, which exceeds the reasonable cost of the proportional special benefit conferred on that parcel. Prepared by Galen N. Peterson March 29, 2004 i City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) - Page 25 $ • C. Only special benefits have been assessed. ' D. Parcels within the Assessment District that are owned or used by any agency, the State of California or the United States and which receive a S special benefit from the improvements have been assessed accordingly. I In conclusion, it is my opinion that the assessments for the referenced S Assessment District have been spread in direct accordance with the estimated special benefits that each parcel receives from the improvements. Dated: 'dayof /1,44cf ,2OO- J55 • GALEN N. P EZON R.C.E. No. 18,364 (Expires 06/2005) ASSESSMENT ENGINEER CITY OF CARLSBAD SAN DIEGO COUNTY STATE OF CALIFORNIA Prepared by Galen N. Peterson March 29, 2004 I I City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 26 I. I I, LORRAINE M. WOOD, CITY CLERK of the CITY OF CARLSBAD, CALIFORNIA do hereby certify that the foregoing Assessment, together with the Diagram attached thereto, was filed in my office on the /_7 day of ,Li?.ci4 y, 200*. CITY OF CARLSBAD STATE OF CALIFORNIA I, LORRAINE M. WOOD, CITY CLERK of the CITY OF CARLSBAD, CALIFORNIA do hereby certify that the foregoing Assessment, together with the Diagram attached thereto, was preliminarily approved by the City Council of the CITY OF CARLSBAD, CALIFORNIA, on the/ 7'day of/deLJ4y 200k. CITY OF CARLSBAD STATE OF CALIFORNIA a $ i I. I, LORRAINE M. WOOD, CITY CALIFORNIA do hereby certify that CLERK of the CITY OF the foregoing Assessment, approved and confirmed day of the Diagram attacnea thereto, was Council of said City on the 200 CARLSBAD, together with by the City CITY CLERK CITY OF CARLSBAD STATE OF CALIFORNIA I I, GLENN PRUIM, Superintendent of Streets I City Engineer of CARLSBAD, CALIFORNIA do hereby certify that the foregoing together with the Diagram attached thereto, was filed in my day of , 200_. the CITY OF Assessment, office on the I fie :1 SUPERINTENDENT OF STREETS /CITY ENGINEER CITY OF CARLSBAD STATE OF CALIFORNIA I Prepared by Galen N. Peterson March 29, 2004 I i 'I I 1 I EXHIBIT 3 REVISED SPREAD AMENDING ASSESSMENTS I I 1 - - - -, - = - - - -.so m - - - - _ REVISED SPREAD AMENDING ASSESSMENTS ASSESSMENT DISTRICT 2002-01 (POINSETTIA LANE EAST) BRESSI RANCH; CARLSBAD MS 06-13 CITY OF CARLSBAD SAN DIEGO COUNTY DATE July 1, 2010 PREVIOUS ASSESSMENTS ASSESSMENT ASSESSOR'S PARCEL PARCEL BONDED ASSESSMENT OWNER OF NO. PARCEL NO. DESCRIPTION ACREAGE LIEN LIEN RECORD 17 3-16 213-261-07 CARLSBAD TRACT CT 02-15, LOT 16 6.93 $411,602.35 $472,241.38 MODERNA DEL MARL L C TOTAL 6.93 $411,602.35 $472,241.38 AMENDED ASSESSMENTS ASSESSMENT ASSESSOR'S PARCEL PARCEL BUILDING BONDED ASSESSMENT OWNER OF NO. PARCEL NO. DESCRIPTION ACREAGE SQUARE FOOTAGE LIEN LIEN (1) RECORD 3-16-1 213-261-17 CARLSBAD MS 06-13, PARCEL 1 0.66 47,500 $205,801.18 $236,120.69 MODERNA DEL MARL L C 3-16-2 213-261-18 CARLSBAD MS 06-13, PARCEL 2 0.66 47,500 $205,801.17 $236,120.69 MODERNA DEL MAR L L C N/A 213-261-19 CARLSBAD MS 06-13, PARCEL 3 5.60 0 $0.00 $0.00 (2) MODERNA DEL MAR L L C TOTALS 6.92 95,000 Total Assessment Lien $472,241.38 Total Square Footage 95,000 Assessment Amt./Sq Ft $4.97 Per the Engineer's Report, this spread of assessments is based on building square feet for commercial property. Parcel 3 is a common area and will not be assessed. $411,602.35 $472,241.38 P:\Carlsbad\3208094-11\CT 07-12 Prepared by Wilidan Financial Services Page 1 of 1 I Li I I I LI EXHIBIT 4 CARLSBAD MINOR SUBDIVISION MS 06-13 i I No - - - - - m - - - a- on - - -w - - - - PARCEL MAP NO 20743 CARL SBA D MINOR SUBDIVISION MS 06-13 COIIMTY OF SAN DEW, STATE OF CAUFOAMA BRESSI RANCH LOTtE or G01Y.40 tRACT 02-15 &t RAPI(Jl 94 )Y( 02)' LV C44O C.WVfl' LV SAN wM STA1t LV L74L4'?7/94L4 AMMM 10 AMP MWX 14*4 fiLED £1 Af OW&F OF DIE CWNT)' RECOAVER CT 549 a1LW MUM LV1FRLIARY4. 200 P49W AMP WARAN?EE8) COSIKAV4L 171 LAND 177W INSJRANCE COWANY L)VLR AS 03707927 OArED S1P1M1t.AL ZB 29 MEt £93 AOA'ES TOTAL NI/AIDS? 01 p,49W5. 3 E 711 94C 944447 ALL LI 1/44101114497 AWOV 77771 97794579 977940mum ev on 4444 w Agwr msm ID LIPA474701 Al 947011047010' 114$ MAP AS 774W 911*77 711 LWI 95IRr 1.97 ficbm" 01 4444 LW A 7744.4 LMIIV 1101)77 aWANY. AS ] 941157401 AW MA. AS 0171070' 44 791107/54 111 AWWO /940101 0'997 0'A4 47 AWWQr97. MWCAL £541040' 11.470-7197104071109501 WS Zt54-LS AS 0195 0' I71VST0'957 4 LW AS 1101911547949795 200-O9701 494201-094975 0' 1071047 www 817_D- I44 lit________ 4 411J3+ ZZ,Z0'17 AS .7454 jD. ZPAP706"ZW A.ID M By I.e'ozo 57AXWCUFUMP MAW 0' LW WI 1(94177 94109407*17 ID 0' 04 LI £4775 IF 541544179471101As 7095 LI 4.4444 9 177 Dl 97194*017*1017 4/94 A719795WI 10 Dl lt4rlf.,9e9777 71095195 771544111 m""imAummm 77APA0fl3 4,10 1744781 NS/44 91241I' C* LI*0791*C4L LI 0101I( 044 171 0V777YL 01/ALP 0' 9954 LI 010'J4#ACM 010/19597*09519447 /717777 77401 FMtr OF 9477497(104777717970' 171 STAIF0' CALIUIIA 11441 771 /014W0 PARA014W IS 797494 C4Wrr 911195 Mr/IDeS 9714,797 4Wr/* A /OTARY1(8X 8449401 LW 574 77 P9495'AL WAIF 0'WIM95 10 Cr444710' U7LW10 LC4L SO b1glo VI0'AVT4447_2fA9A 5774770' 5544W eN- 95.4447701094.4W Yk.,,D. P.AI.A10ThIDr 1(94.47 4ur.vv47400_.k....4- 941001770440 IV 444 04 III 474775 0' 5.4 1177ACTL91I 770140' 7595 71* 01014•901AI44I64A44' £ IV 71194)7*440107701747 4471 A4W94 17771 71447 Il.,91(,9494' 950/95 III .774719 4V5,1 4W AU770197 774PA01 Al 1114187/4401001 01Afl97(1,I 7749795774*4W 97/7991*0301 LI 040774W 0144710' 9404 LI/5477041J477114 4950/195 71*810770017477 / 797flL4VXR /5447770' 01/Er 7401 LI (Al OF LIST/IF 0' 494 7441 LI/LW47 44440191410 0114/0 W0171 77901)719.107.770. 917949544774494 01.41197 M/*11A71. A 95744471(941084494)0149W 57A7F 974W/I 01770' 14M/01 6 77014170' - c01ASS17J4I0'N01ART 71010' LI 95010' 970' 97 £0144914441 7770145 J PASThIDXA z 6 71010' 979541001.05485045 's. LI 9(9477010' 97/704970101947040177597401771 FROWSW or 7070046*44570017954 () (4) (4)7)0' 17* 957494*047 7701 IlIWITIS 01711 11(41/17.4791010104970 A 95)117(49 994 9014)1945 470 *57947101 97 7/1 707474W/I 0177 I. 7.4744540 WIWOPAL 9770170519177 /42 0' AN 7.49595/7 /749 44470' W$5 RECOWD ALlIS/St/C 201.45/7)1/10 01-011027, 0107)a47 0195705 2 £444 01951145.49795777)747 79495)70' AN 7.49194741/54 70447847.A 7794 FAOIJIIF$ 1(4)710275 AWOW 2P77401 10 201 AS /1119501-01827740' 77779594774W SHEET 1 OF 4 SHEETS 7745 MAP 4445954.4495870' 01779404 Mr 070715444W 104420 7974411111709407797975444440' WIN 772 940971814750' 772 1795)497/ MAP 477.49470147 4W44 47 )l/F 87470110' 1117 4W 17744.497 2977074*777 4W4444744 495 6* ' PMA.r4W 974447974W 4*E&4W94/TL11 IN444I 0147 opwrl w ""%a,494W71 77437P.PA01VOLISSIF 0.477 44770057047704017701 9i59/1/ 4 WIT F 45*01 .9. 51709772010' LI 07701014795117 7.4110)494 IWIr 957771' 017477494/9494940 LI A44 11.4101 444110' 172$ *440129544W 7170' 95 459794-74 70495796104 7797154771 91 40 772' 7.417704 149754 .01 #4444 /9180 77447 LI 9401S2$$TA4774LL r LI 5471 AU /I 4914400111 LI 7547.4114444411.495 40rA01OIC7 AL 7954 7147'G 11(T9Z 77(47 ALL PC 0' of201710014494/770' LI 774770' 774L84W4 .4*5 A#4'LCCIL 4W401 0' £40 7177 .9710494/Ar LI 1970' 172 44W PAL 0' 97 7977)044 *4411 444201 WI01 4494 All 4954770957 77(475471444175 17504$2 r 95470777 / /01177 402 AwArrammoswam ROW 745*95719 DIRLIL 1101.8015 0101 3.717,170 ((4777 0 1107*70 109-.07J4704 /0711 97DL!...L4r 0'.4MA970- LW All 21oUocg_.495 N 0/F 010' PAOT1L MAPS AT LI 94778070101111. 1140*01 09974 8407549.47 07/2 9545777 Wvry 91. Nov "'Planntng and £nglneering 15938 Bernardo Center Dr. San Diego, CA. 92127 Ph. (858)376-3444 Fax7 ('858)376-3555 - - -' - - - - - - - - - - -- - - PARCEL MAP NO 20743 CARLSBAD MINOR SUBDIVISION MS 06-13 2998640 SHEET 2 OF 4SHEETS COUNTY OF SAN DGO, STATE OF CAUFORNLOI NSC8VcousMNAt Pr. 2802R Ras Jfl 88NRAt8At AWE 88 -nt.1237.ANr B,9E1S9/ RAIVCH -.4' 67.9717191821? PROCEDURE OF SURVEY sntwi 899i9CS) V)s2ntwnt) FUAW 110. 71121911 01211W 1881127177180.7178811711118888W u_a - 88AtS 4768W AZ 1992.. 892 27422011188487188 - 8801971771211887184071 14018 717188881477111984714871 ROAD LA — -r ow rAcm Ata98 43 — — 7185 VI5 P2— / — —485V5 18571I97 4769?) L?767 RMNSVV - — -- 4 I'0.72? p L 9070ro_Fj/ - - - - ( RAMARr 21 sgtii59 LEGEND: / ® 0784710 2' 9RAV OW 7171888878 I11&48871 098841211 97281 I 10T23 ' I 71.47715 7188)0.12 7880 .474) 1026 SF44840) IS 4611' A 7884140 A&iP /4960 8Wmc.DAW nAt88cntcj76o 74900 2027 AS FU Na 2027-0140W 88 &I0484) aW STA48W p I 2 • I PAM AWICA1715 07888 7/4A89 009P71 881 RUG 271498W IS MIT' 1, M7 AS CF CaWCAW M W 149W IS S27S'FR VP 14XO COVROW jnt48wAFpr8-2?X12 ____ PAP J 0 0 7 LOT 16 ma 0401141715 7t61(12971r I MAP 14.960 () 6484088 AMP 74960 BW 7111 01009944? 880886/1141 SCALE $717171 7490 8.1010498 ... - - - 401147rSS7r49TCENIL88JIIE 810971A4P 099114715 ST8WtT.-88-814r L"PAM PAPC&I AcrAmstoroas MONU#NTAT1ON NOTES: MAP 14960 ,. \ 88 LOT 22 MAP 14960 71 mi iorntivntso FU070$S (210771 AS 615714100)9150708818 40 426144(97710 BrA 3/42 18- AM Pff 888/17196 971741740) 5S5)lr - 8/8S85? 2 08 17171(82881 me .480871 1117715400.887108711175884(01071277671 10 a-nt tiE) 190882770 CR111057148885 774087761 47719 A TAO At 7640 STA41180 S SliP 4871602471771 SW NM 88 44241 ( PIE (4041788/99 15 7L4 s88 8/ A88/ALT 8.90747177 .4 .7/f 9800718W /43771480771 8801 40 27) AT 8(4090(8/ ISIWV /87 BY 095 MAP. (tm WY 966 AS 71 ,.ow7140w 55.505' 7s00W60 555691 BASIS OF BEARtN$ LOTI7 LOT I8 COMM ___________________ LOT /9 tnt BASS Cr aiwi.vos 8W MU8.LYntrIS 971714118704 ,rsisn74AAotisz,w.v04stsrlLntnV 401887185747870-276241.957471695571105-47 PER 1.40712171 WTI? MAP /4960 MAP 14960 MAP 14960 MAP 14960 880710 4044179115 097103 4(1777087171 MAPS 88310791811874088771888540 SAO SY37m. 9271 nt1407 971718888180 X.IL( PACISQ AT STA 778/ 0-2982158998844430 OW .9180088 881081801574/88,15886498 5714(71 fACtION ALL 17142887) II. I I 1851488W 985* 1808W 440.978874) C8STANQS 17710.48745 4021 AT 5rArt39 V7 N -0525.L80P lu_VAT 0-2002 15 446769 PARTNERS (0971-08'S.S) Pktiti/ng n,.d Etigineering — — — — — — — — — — — — — — _a — — = PARCEL MAP NO 2O43 CARL SBA D Al/NOR SUBDIVISION MS 06-13 SHEET 3 OF 4 SHEETS COUNTY OF SAN DIEGO, STATE OF CAUFORNIA MEW RANCH LEGEND AND EASEMENTS LEGEND : EASEMENT NOTES ® 7A7oowMm,7044a (1211777 70 X 7777147770lY 0EFV7L - ---------14411770120777771011012 777727777r, 4WWR0 A4WW 712 MAP *77 144W - 17777 127777777 (*24174777 ® 20' 70416 77470071277121707747021041411247 774170127077 #7011770 A17JIIZI7S 1704777 G 417037770014419007177 flIP Na 74960 07047004170157 IZ 2we AyOISIOW21717777 2(12-0587124, 1770 71446 OlOiry(12110/170 £4017004 (043417211707 67017477r 701174050 7tM2R 270 7774 17 u4s7RuxtNr Na 2*2-0742714 Il. Mw-ptor,a.L NOTE7. 707*7 410417477141177.5 • 3 2 701*1 4444.693 4(04477 .0 ALL 037440/S 04841 77044/74121475 00NTLjS1AW13 77/4110447/7177704 1701 Project site. I* lFi hIi I I I I I I I I I I I I I I I I I I 1 I I I I I L i I I I I I I I I I I EXHIBIT 5 ASSESSOR'S PARCEL MAP I I - - - - - - - - - - - - - * - - - - S 213-26 SHY I LOOKER AVE W pA,LOUAR A(RP0R1F Is ND AOCM #' 20 40.400'?, ACS 3 MINOR StJ00IW 07-10 4AAt EUIN 6 41 Cfl. I 9041 Nlsp 5 C*tSHAD XT Cr 07-12 ,r' I I.1 0 MAP 14980- CARLSBAD TCT CI 02-15 J I Li I I I F] I I I I I I I I Li L F- EXHIBIT 6 AMENDED ASSESSMENT DIAGRAM LI I - - - - - - - - - - - - - - - - - - - LEGEND APPORTIONMENT BOUNDARY ASSESSMENT NUMBER cC, PREVIOUS ASSESSMENT NUMBER NOT TO SCALE AMENDED ASSESSMENT DIAGRAM OF ASSESSMENT DISTRICT NO. 2002-01 (POINSETTIA LANE EAST) CITY OF CARLSBAD COUNTY OF SAN DIEGO STATE OF CALIFORNIA AMENDING ASSESSMENT NUMBER 3-16 PALOMAR AIRP~ORT CAMPBELL PL GATEWAY RD PREVIOUS ASSESSMENTS ASSESSMENT ASSESSOR'S PARCEL NO. PARCEL NO. DESCRIPTION 3.16 I 213-261-07 I CARLSBAD TRACTCTO2-15,LOTI6 AMENDED ASSESSMENTS ASSESSMENT NO. ASSESSOR'S PARCEL NO. PARCEL DESCRIPTION 3.16-1 213.281-17 CARLSBAD MS 08-13, PARCEL I 3-16-2 213-261-18 CARLSBAD MS 06-13,PARCEL 2 NIA 1 213.261-19 CARLSBAD MS 06-13, PARCEL 3 SHEET I OF 1 cliv CLERIcS CERTIFICATE FILED IN THE OFFICE OF THE CITY CLERIC OF THE CITY OF CARLSBAD, THIS— DAY OP__________ 201_. CITY CLERIC CITY OF CARLSBAD RECORDED IN THE OFFICE OF THE SUPERINTENDENT OF STREETS, CITY OF CARLSBAD, THIS —DAY OF ____ 201_. SUPERINTENDENT OF STREETS CITY OF CARLSBAD THIS AMENDED ASSESSMENT DIAGRAM AMENDS THE ASSESSMENT DIAGRAM OF ASSESSMENT DISTRICT NO. 2002-01, CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. PRIOR RECORDED THE 5TH DAY OF MAY, 2004, IN BOOK 38 OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS AT PAGE 31, DOCUMENT NUMBER 20044404503 IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. FILED THIS DAY OF 201 , AT THE HOUR OF ________O'CLOCK_ .M., IN BOOK OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS AT PAGE(S) AT THE REQUEST OF THE CITY OF CARLSBAD IN THE OFFICE OF THE COUNT'! RECORDER OF THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. FEE: INSTRUMENT. ND.I_____________ GREGORY J. SMITH, COUNTY RECORDER BY DEPUTY, COUNTY RECORDER COUNTY OF SAN DIEGO NOTE: FOR PARTICULARS OF THE LINES AND DIMENSIONS OF ASSESSOR'S PARCELS, REFERENCE IS MADE TO THE MAPS OF THE SAN DEIGO COUNTY ASSESSOR OF SAN DIEGO COUNTY RECORDS WHICH MAPS SHALL GOVERN FOR ALL DETAILS RELATING THERETO. REFERENCE: CARLSBAD MINOR SUBDIVISION MS 06-13 DOCUMENT NUMBER 2009-0724709 wwi LLDAN Financial Services 27368 1.l IndEI. SoB. 110 T,I69C.I0, CA 92690 901.887.3500 Ph.- 951 Z87.351 0 F. 3208094-16 JULY 2010 I Li LI I I I I I 1 I I 1 LI I I I LI EXHIBIT 7 NOTICE TO BONDHOLDER I I [i I CERTIFIED MAIL Dated: July 1, 2010 Stone and Youngberg Attn: Bill Huck 4350 La Jolla Village Drive, Suite 140 San Diego, CA 92122 NOTICE To BOND HOLDER DIVISION OF LAND AND ASSESSMENT NOTICE IS HEREBY GIVEN to you as the original purchaser of the bonds issued by the City of Carlsbad to represent the unpaid assessments relating to the construction of certain public improvements in an assessment district known and designated as: Assessment District No. 2002-01 (Poinsettia Lane East). Said bonds were issued pursuant to the terms and provisions of the 'Improvement Bond Act of 1915", Division 10 of the Streets and Highways Code of the State of California. NOTICE IS HEREBY GIVEN that an apportionment has been made by the property owner of a assessment relating to the assessments and parcels as indicated by the enclosed report. NOTICE IS HEREBY GIVEN that unless a request for a public hearing is received within fourteen (14) days from the date of this Notice, the above-apportioned assessments shall be recorded in the manner and form as required by law. If you have any further questions, please contact the undersigned at the Office of the Director of Public Works/City Engineer at the following address: Mr. Marshall Plantz Jenifer Storsteen Senior Civil Engineer Willdan Financial Services City of Carlsbad 27368 Via Industria, Suite 110 1635 Faraday Temecula, CA 92590 Carlsbad, CA 92008 (951) 587-3500 This procedure is pursuant to the provisions of Part 10.5 of Division 10 of the Streets and Highways Code of the State of California and the "Improvement Bond Act of 1915". Willdan Financial Services On behalf of the City of Carlsbad Jenifer Storsteen, Analyst District Administration Services I Li I I I I H I I Li H I I I I I I I I I I I H I I H I I I I I I H I EXHIBIT 8 NOTICE OF AMENDED ASSESSMENT H I I I RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 NOTICE OF AMENDED ASSESSMENT CITY OF CARLSBAD ASSESSMENT DISTRICT NO. 2002-01 (POINSETTIA LANE EAST) AMENDING ASSESSMENT NO. 3-16 (CARLSBAD MINOR SUBDIVISION MS 06-13) Pursuant to the requirements of Section 3114 of the Streets and Highways Code of California, the undersigned City Clerk of the City of Carlsbad, County of San Diego, State of California, hereby gives notice that an amended assessment diagram and assessment were recorded in the office of the Superintendent of Streets of the City of Carlsbad, as provided for in said Section, and relating to the real property more particularly described on that certain amended assessment diagram filed in accordance with said Section on 201_ as document number in Book of Maps of Assessment and Community Facilities Districts at Page in the office of the Recorder of the County of San Diego. Said amended assessment diagram amends the assessment diagram "Assessment District No. 2002-01 (Poinsettia Lane East)" filed the 5th day of May, 2004 as Document Number 2004-0404503 in the office of said County Recorder in Book 38, Page 37 of Maps of Assessment and Community Facilities Districts. Reference is made to the amended assessment diagram and assessment roll recorded in the office of said Director of Public Works (Superintendent of Streets) of the Carlsbad for the amount of each of the amended assessments. Exhibit "A" hereto attached, and by this reference incorporated herein, shows the parcels subject to the amended assessments. DATED: ,201 City Clerk City of Carlsbad County of San Diego State of California I I I I I I I I I I I I 1 Li I I I I I EXHIBIT A AMENDED ASSESSMENT ROLL ASSESSMENT DISTRICT 2002-01 I (POINSETTIA LANE EAST) BRESSI RANCH; CARLSBAD MS 06-13 DATE CITY OF CARLSBAD July 1, 2010 SAN DIEGO COUNTY I PREVIOUS ASSESSMENTS ASSESSMENT ASSESSOR'S PARCEL OWNER OF NO. PARCEL NO. DESCRIPTION RECORD 1 3-16 213-261-07 CARLSBAD TRACT CT 02-15, LOT 16 MODERNA DEL MAR L L C AMENDED ASSESSMENTS ASSESSMENT ASSESSOR'S PARCEL OWNER OF I NO. PARCEL NO. DESCRIPTION RECORD 3-16-1 213-261-17 CARLSBAD-MS 06-13, PARCEL 1 MODERNA DEL MAR L L C 1 3-16-2 213-261-18 CARLSBAD MS 06-13, PARCEL 2 MODERNA DEL MAR L L C I I I I I I I I P:\CarIsbad\32O8O94-11EX A Prepared by WiUdan Financial Services Page 1 of 1 I I I I CITY OF CARLSBAD APPORTIONMENT AND AMENDED ASSESSMENT REPORT I ASSESSMENT DISTRICT No. 2002-01, (POINSETTIA LANE EAST) AMENDING ASSESSMENT NUMBER I I CARLSBAD TRACT CT 07-04 MAY 2010 I I 1 I WWI LLDAN J A Financial Services Corporate Office: 27368 Via Industria Suite 110 Temecula, CA 92590 Tel: (951) 587-3500 Tel: (800) 755-MUNI (6864) Fax: (951) 587-3510 Regional Office Locations: Oakland, CA Sacramento, CA Phoenix, AZ Orlando, FL I I I 1-1 I TABLE OF CONTENTS I METHOD OF SPREAD . EXHIBIT I REVISED SPREAD AMENDING ASSESSMENTS...................................EXHIBIT 2 I TRACT CT 07-04 AND CONDO PLAN.....................................................EXHIBIT 3 I ASSESSORS PARCEL MAP....................................................................EXHIBIT 4 AMENDED ASSESSMENT DIAGRAM.....................................................EXHIBIT 5 I NOTICE TO BONDHOLDER ...................................................................... EXHIBIT 6 NOTICE OF AMENDED ASSESSMENT...................................................EXHIBIT 7 F I I I I I I I [I I I I I I I I EXHIBIT I I METHOD OF SPREAD I City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 10 I EXHIBIT A I METHOD AND FORMULA OF ASSESSMENT SPREAD ' Since the improvements are to be funded by the levying of assessments, the Assessment Law requires that assessments be based on the special benefit that the properties receive from the improvements. In addition, the Assessment Law provides that a parcel's assessment may not exceed the reasonable cost of the I proportional special benefit conferred on that parcel. Further, only special - benefits are assessable and the local agency levying the assessment must separate the general benefits from the special benefits. All publicly owned I property must be assessed if it specially benefits from the improvements. The Assessment Law does not specify the method or formula that should be used to apportion the costs to properties in any special assessment district I proceedings. The responsibility for recommending an apportionment of the costs to properties, which specially benefit from the improvements rests with the Assessment Engineer, who is appointed for the purpose of making an analysis of I the facts and determining the correct apportionment of the assessment obligation. In order to apportion the assessments to each parcel in direct proportion with the special benefit which it will receive from the improvements, an in-depth analysis I has been completed and is used as the basis for apportioning costs to each property within the Assessment District as explained below. Based upon an analysis of the special benefit to be received by each parcel from the improvements, the Assessment Engineer recommends the I apportionment of costs as outlined herein. The final authority and action rests with the City Council after hearing all testimony and evidence presented at a public hearing, and the tabulation of the assessment ballots previously mailed to all record I owners of property within the Assessment District. Upon the conclusion of the public hearing, the City Council must make the final determination whether or not the assessment spread has been made in direct proportion to the special benefits I to be received by each parcel within the Assessment District. Assessment ballot - tabulation will be finalized at that time and, if a majority of the assessment ballots received prior to the close of the public hearing weighted by assessment amount I are not opposed to the levy of the assessments, then the City Council may confirm the levy of the assessments. I The following sections define and explain the special benefits and general benefits, and set forth the methodology used to apportion the costs of the improvements providing special benefits to each parcel, and confirm that the I assessments are reasonable and justified. The Method of Apportionment The Assessment District improvements have been assigned into six benefit components; roadway, potable water, recycled water, sewer, dry utilities and I Prepared by Galen N. Peterson March 29, 2004 City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 11 incidental expenses. Roadway improvement costs are spread on vehicle average daily trip (ADT) generation. Potable water, sewer and dry utility costs are spread on an equivalent dwelling unit (EDU) basis. Recycled water costs are spread to the roadway and specific parcels based on the amount of recycled water used for the irrigation of each roadway and specific parcel. The incidental expenses have been based on either the actual cost to each component of the improvements or if the incidental costs apply to all such components then to the prorated construction cost of each such component. Because some of the assessor parcel boundaries do not coincide with the Village Planning Areas or Neighborhoods, some initial assessments will be placed in aggregate on multiple assessor parcels until final maps are recorded and the new assessor parcels coincide with the Village Planning Areas or Neighborhoods as applicable. The procedure of identifying and apportioning special benefit to the land uses and parcels has been organized as follows: A. Identification of Benefit Components A-I Backbone Roadway Improvement Components A-2 Backbone Potable Water and Sewer Improvement Components A-3 Backbone Recycled Water Improvement Components A-4 Backbone Dry Utilities Improvement Components A-5 Incidental Expenses Components B. Special Benefits C. General Benefits D. Proportioning Special Benefits D-I Land Use Categories D-2 Proportionate Special Benefit of Roadway Improvements D-3 Proportionate Special Benefit of Utility Improvements D-4 Proportioning Formation, Issuance and Financing Costs Prepared by Galen N. Peterson March 29, 2004 I I I I I I I I I I I I F, I I I I I I I ---I I L City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 12 I E. Proclamations I E-I Assessments Equal to or Less Than the Proportional Special Benefits 1 E-2 Reasonableness and Justification of Assessments E-3 Future Apportionment I A. IDENTIFICATION OF BENEFIT COMPONENTS The improvements to be acquired or constructed by the City from the proceeds of I bonds issued for each benefit area of the Assessment District are necessary for development of the Assessment District parcels and are required by the Villages of I La Costa (The Greens) and by the Bressi Ranch Master Plans and the conditions of development as set forth in the land use entitlements approved by the City for each benefit area. Without the improvements, the parcels within I the Assessment District cannot be developed to their planned ultimate uses pursuant to such land use entitlements. It is unfeasible and impractical for the parcels to be utilized to their highest and best I use without the backbone roadways and utilities that will be funded by the Assessment District. I A -I Backbone Roadway Improvement Components The foremost purpose of the Assessment District is to provide financing for the I backbone road access so the Assessment District parcels can be developed. The most significant and costly improvement is the work associated with the road construction. The road construction has created the I need to relocate sewer mains and utilities, re-establish habitat areas, and install landscaping to protect the roadway slopes. The road construction has I also created the need to construct storm drains to protect the roadway and to relocate other facilities and provide mitigation areas that would not have otherwise been necessary if the road was not constructed. The road and I associated costs have been placed into one roadway improvement component A percentage of the cost of the backbone recycled water distribution system has been spread in the same manner as the roadway expenses. This portion of the recycled water system improvements will provide an irrigation water system for the roadway landscaping. The roadway improvement component includes: Poinsettia Lane, El Fuerte, El Camino Real, relocation of utilities, establishment of habitat mitigation areas, and a portion of the recycled water system to serve the roadway landscaping. I Prepared by Galen N. Peterson March 29, 2004 for the purpose of defining the roadway costs and appo rt ioning special benefit. City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 13 A-2 Backbone Potable Water and Sewer Improvement Components Coincidental to the roadway improvements is the necessity to construct certain backbone utility improvements within the roadway right of way concurrently with construction of the roadway improvements. These improvements confer a different special benefit to the properties than the special benefit conferred by the roadway improvements. Therefore potable water and sewer (other than relocated facilities for the roadway costs) have been separated into wet utility components for purposes of defining special benefits and allocating the costs of such components. A-3 Backbone Recycled Water Improvement Components Coincidental to the roadway improvements is the necessity to construct certain backbone recycled water improvements within the roadway right of way concurrently with construction of the roadway improvements. A percentage of these improvements confer a different special benefit to the properties than the special benefit conferred by the roadway improvements based on where the recycled water will be used. The recycled water facilities have been separated into a separate component for purposes of defining special benefits and allocating the costs of such components. A-4 Backbone Dry Utilities Improvement Components Coincidental to the roadway improvements is the necessity to construct certain backbone dry utility improvements within the roadway right of way concurrently with construction of the roadway improvements. These improvements confer a different special benefit to the properties than the special benefit conferred by the roadway improvements. Therefore the dry utilities have been separated into a separate component for purposes of defining special benefits and allocating the costs of such components. A 45 Incidental Expense Components In addition to the improvement costs, there are incidental construction administration and Assessment District formation expenses. These costs include, but are not limited to: construction administration, construction supervision, design, testing, surveying, assessment engineering, audit of acquisition costs, financial advisors, appraisals, bond counsel, underwriting, official statement printing, financing cost and establishment of a bond reserve fund. The costs of the formation of the Assessment District, including the costs of issuance, have been determined to be eligible for inclusion and are included in the Assessment District incidental costs. Some of these costs can be assigned directly to one of the benefit components as shown in Appendix "E". Other costs that cannot be assigned directly to one of the benefit I I Prepared by Galen N. Peterson March 29, 2004 U I I I I Li I I I I I I I I [1 City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 14 components have been prorated to each assessment number in accordance I with that assessment number's share of the construction cost. B. SPECIAL BENEFITS I The purpose of this Assessment District is to fund the construction and acquisition of public improvements required to serve the Assessment District parcels. Special benefit is received by each parcel within the boundaries of the I Assessment District from new roadway access and the availability of utility services that are required and necessary for the properties to develop to their highest and best use in accordance with and as permitted by the approved land use I entitlements. I The improvements to be constructed and/or acquired by the District accommodate the planned development within the Assessment District area in accordance with the approved land use entitlements. The Villages of La Costa (The I Greens) and the Bressi Ranch Specific Plan environmental documents and the. Tentative Map identify the need for access and utilities, and place conditions upon the parcels within the Assessment District to provide those improvements. I The Assessment District Improvements satisfy the conditions of development by providing access and backbone utilities so the projects can support their planned uses. Without the improvements, the parcels within the Assessment District could I not be developed to their planned and conditionally approved uses. The special benefit conferred on the parcels within the Assessment District from I the proposed improvements include: increased development potential, relief from access constraints, improved accessibility to utilities, fulfillment of development conditions and ensured investment returns. The special benefit to each parcel is I such that the parôels will be allowed to gain access to a public street network and have water, sewer, recycled water and dry utilities readily available, thereby allowing them to develop to their highest potential. I Special benefit accrues to each parcel to be subdivided and served by the improvements to be constructed. Since some of the areas within the Assessment I District have not been subdivided into individual lots at this time, the assessments will be placed in aggregate on one or more existing assessor I . parcels and apportionment of the assessments will take place as final maps record. C. GENERAL BENEFITS I Some public improvements will confer general benefit to properties or the public at large outside the Assessment District. In making an analysis, a review was conducted of the surrounding areas. The review resulted in identifying general I benefits that accrued to properties outside the Assessment District. I Prepared by Galen N. Peterson . . March 29, 2004 City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 15 Poinsettia Lane is designated as a prime arterial roadway. Previously, Poinsettia Lane did not exist east of El Camino Real. Four lanes are proposed to be constructed. Two lanes are required to serve the estimated volume of traffic generated by the Assessment District parcels. Two center lanes (one in each direction) are required for through traffic originating outside of the Assessment District. The costs associated with the construction and placement of the asphalt and base for the two center lanes have been determined to be a general benefit and will not be assessed to parcels within the Assessment District. El Fuerte Street is designated as a secondary arterial roadway and will be constructed from Palomar Airport Road south to connect to the existing terminus of El Fuerte Street at the southerly boundary of Bressi Ranch. Four lanes are proposed to be constructed. Two lanes are required to serve the estimated volume of traffic generated by the Assessment District parcels. Two center lanes (one in each direction) are required for through traffic originating outside of the Assessment District. The costs associated with the construction and placement of the asphalt and base for the two center lanes have been determined to be a general benefit and will not be assessed to parcels within the Assessment District. Based on the estimated roadway construction costs, the cost of the roadway base and asphalt pavement to provide the two center lanes for both Poinsettia Lane and El Fuerte Street is approximately $968,360. The grading beneath the two center lanes of each roadway benefits the Assessment District because it provides lateral support to the Assessment District paved lanes. This grading can not be eliminated from the overall roadway grading without constructing retaining walls that would unreasonably increase the Assessment District cost. Therefore all of the Poinsettia Lane and El Fuerte Street grading provides special benefit to the Assessment District Properties, D. PROPOR110NING SPECIAL BENEFITS D-1 Land Use Categories I The following land use categories are included in the Assessment District: planned industrial, business park, community retail, office, single-family detached and single-family attached residential, apartments (affordable I housing), assisted living, daycare center, boys and girls club, church, school, home owners association recreation areas, park and open space. I Except for the irrigated areas in Assessment Numbers 17 and 39 (Village Green OS-2 and open space lot 34), the non-active and undeveloped open space areas do not receive special benefit from the I works of improvements and will not be assessed. Open space areas are those areas that are deeded or perpetually designated in easements. I 1 Prepared by Galen N. Peterson March 29, 2004 I I I I I I I I I IF City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 16 D-2 Proportionate Special Benefit of Roadway Improvements I Trip Generation Factors for Roadway Improvements I The use of and need for roadway improvements is a function of the number of vehicle trips per day generated by the use of the land served by the streets. Traffic engineers have developed traffic I generation factors, which are related to development density and type of land use. Therefore, trip generation is an appropriate basis for apportioning roadway improvements and related costs among the I specially benefited parcels. The trip generation factors will be estimated from the July 1998, SANDAG Trip Generation Manual and weighted as explained below. I SANDAG categorizes trips as primary, diverted and pass-by. This analysis uses only the primary trip percentages for the non-residential l land use categories to avoid double counting of the residential trips. Single Family Detached Trip Generation I The Average Daily Trips (ADT) per detached single-family dwelling is 10 ADT. The Assessment District single-family dwelling product types are similar to the SANDAG study areas. I Single Family Attached Trip Generation The Average Daily Trips per attached dwelling unit or for a condominium I unit is 8 ADT. Affordable Housing (Bressi Ranch) Trip Generation I The Average Daily Trips for each affordable housing unit, based on the formula in footnote R of the 1998 SANDAG Trip Generation Manual, is 6.4ADT (-2.169 Ln(100 units/5.13 ac) + 12.85). l Apartment Affordable Housing (Greens) Trip Generation The Average Daily Trips for each affordable housing unit, based on the I 1998 SANDAG Trip Generation Manual for apartments, is 6 ADT. Assisted Living Trip Generation I The Average Daily Trips for each assisted living room, based on 1998 SANDAG Trip Generation Manual for congregate care facility, is 2 ADT. Industrial Trip Generation The Average Daily Trips for industrial park is 80 ADT per net acre. The primary trip percentage for industrial park is 79%. U I Prepared by Galen N. Peterson March 29, 2004 I I City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 17 Community Retail Trip Generation The Average Daily Trips for commercial shops - specialty retail/strip commercial is 40 ADT per 1,000 square feet. The primary trip percentage for this land use is 45%. I Office Trip Generation The Average Daily Trips for corporate headquarters office is 7 ADT per I 1,000 square feet. The primary trip percentage for this land use is 82%. School Trip Generation I The The Average Daily Trips for an elementary school is 60 ADT per net acre. primary trip percentage for an elementary school site is 57%. I Church Trip Generation The Average Daily Trips for a church is 30 ADT per net acre. The primary trip percentage for a church site is 64%. I Day Care Trip Generation The Average Daily Trips rates for day care use is 80 ADT per 1,000 square feet. The Floor Area Ratio for the day care sites is estimated at I 0.1 of building per net land area. Therefore, the 80 ADT per 1,000 square feet is equivalent to approximately 348 ADT per net acre (80 times 43,560/1,000 times 0.1). The primary trip percentage for a day I care is 28%. Boys & Girls Club Trip Generation I The Average Daily Trips for a multi-purpose recreational facility is 90 ADT per net acre. The primary trip percentage for this land use is 52%. I Home Owners Association Recreation Areas Trip Generation The Average Daily Trips generation for the home owner's association I (HOA) recreation areas, which is equivalent to a neighborhood park, is 5 ADT per net acre. In order to avoid double counting the residential trips, the primary trip percentage used for external trips is 25%. The I HOA lots 47, 48 and 49 within Benefit Area No. 2 were assigned 10, 2.8 and 1.9 ADT per site, respectively. The three HOA areas in Planning Areas 9, 10 and 12 and the Village Green area (OS-2) within Benefit ' Area No. I were assigned 13.9 ADT. The Village Square area in Planning Area 15 within Benefit Area No. I was assigned 2.5 ADT. I Park Trip Generation The Average Daily Trips generation for a regional park is 20 ADT per net acre. The primary trip percentage for a regional park is 66%. 1 I I Prepared by Galen N. Peterson March 29, 2004 City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 18 Weighted Benefit by Land Use for Roadway Improvements The geographic concentration and placement of major land uses (residential, commercial retail and office, and industrial) within the Assessment District boundaries indicates that their impact on, hence their special benefits from, the roadway improvements are not uniform and should be weighted. The results of a study performed by Urban Systems, Inc. shown at the end of Appendix "F" indicates that the relative weighting for industrial and commercial land use compared to residential land uses on each roadway improvements is as follows: Road Relative Benefit Industrial Commercial Residential and Other Poinsettia Lane 0.4 0.7 1.0 El Fuerte 0.2 0.8 1.0 El Camino Real 0.6 0.5 1.0 These weights were applied to the ADT generation factors discussed above in order to arrive at an allocable share for each of the three roadway improvement costs. The costs for each of the roadway improvements were allocated only to the assessment numbers that specially benefit from such roadway improvements as set forth below: Poinsettia Lane - Poinsettia Lane roadway costs specially benefit all assessment numbers in the Assessment District. Therefore, Poinsettia Lane roadway costs were allocated to all assessment numbers based on the ADT generation factors and weighting applicable to Poinsettia Lane. El Fuerte - El Fuerte roadway costs specially benefit only assessment numbers 1 through 21. Therefore, El Fuerte roadway costs were allocated only to assessment numbers 1 through 21 based on the ADT generation factors and weighting applicable to El Fuerte. I El Camino Real (Bressi Ranch portion) - El Camino Real (Bressi Ranch portion) roadway costs specially benefit only assessment numbers 1 through 21. Therefore, El Camino Real (Bressi Ranch portion) roadway costs were I allocated only to assessment numbers I through 21 based on the ADT generation factors and weighting applicable to El Camino Real (Bressi Ranch portion). I El Camino Real (Greens portion) - El Camino Real (Greens portion) roadway costs specially benefit only assessment numbers 22 through 39. I I Prepared by Galen N. Peterson March 29, 2004 I [I I I I I I Ii I I I LI City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 19 Therefore, El Camino Real (Greens portion) roadway costs were allocated only to assessment numbers 22 through 39 based on the ADT generation I factors and weighting applicable to El Camino Real (Greens portion). I D-3 Proportionate Special Benefit of Utility Improvements The most pertinent and reasonable utility improvement special benefit I variable is average daily demand. The detached single family home will be the basic equivalence for measuring demand to other land use categories. Potable Water and Sewer I Water and sewer demand was obtained from the 2002 update of the City of Carlsbad Water Master Plan. A summary of the water and sewer usage is shown below: I Land Use Potable Water and Sewer Usage Single Family Detached 550 gallons / day Single Family Attached 250 gallons / day Non Residential 2,300 gallons /10,000 SF /day I A single family detached unit unit (EDU) weight of 1.0 EDU. we arrive at the following table: has been assigned an equivalent dwelling By converting the gallons per day to EDU Land Use Potable Water and Sewer EDU Single Family Detached 1.0 EDU / Unit Single Family Attached 0.5 EDU I Unit Non Residential 4.2 EDU / 10,000 SF The City of Carlsbad Water Master Plan estimates water demand for park as 2.5 acre-foot per acre per year. This translates to 2,230 gallons per acre per day (2.5 x 43,560 x 7.48/365). Potable water demand for park is estimated as 10% of the demand for recycled water for irrigation, resulting in 0.4 EDU per acre (0.1 x 2,230/550) of parkland. I Prepared by Galen N. Peterson March 29, 2004 I I I I I F H I City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 20 Homeowner association (HOA) lots water usage was estimated based on the characteristics of the parcels and their expected land use. The HOA lots 47, 48 and 49 within Benefit Area No. 2 were assigned 2.41, 2.08 and 1.43 EDU per site, respectively. The three HOA areas in Planning Areas 9, 10 and 12 and the Village Green area (OS-2) within Benefit Area No. I were assigned 3.8 EDU. The Village Square area in Planning Area 15 within Benefit Area No. 1 was assigned 1.0 EDU. The Assessment Diagram identifies two benefit zones for sewer improvements. Sewer Zone A includes all of the Assessment District parcels that benefit from the sewer improvements. Sewer Zone B includes the remaining Assessment District parcels that do not benefit from the sewer improvements. The water and sewer costs for new facilities (sewer relocation related to the construction of the road was allocated with the Street costs) related to each street segment were allocated only to the assessment numbers that specially benefit from such water and sewer costs as set forth below: Poinsettia Lane Segment I - Poinsettia Lane Segment I water costs specially benefit only assessment numbers 22 through 39. Therefore, Poinsettia Lane Segment 1 water costs were allocated only to assessment numbers 22 through 39 based on the applicable EDU factors. Poinsettia Lane Segment 2— Poinsettia Lane Segment 2 water costs specially benefit only assessment numbers I through 21. Therefore, Poinsettia Lane Segment 2 water costs were allocated only to assessment numbers I through 21 based on the applicable EDU factors. El Fuerte - El Fuerte water costs specially benefit only assessment numbers I through 21. Therefore, El Fuerte water costs were allocated only to assessment numbers I through 21 based on the applicable EDU factors. ' El Camino Real (Bressi Ranch portion) - El Camino Real (Bressi Ranch portion) water costs specially benefit only assessment numbers 1 through 21. Therefore, El Camino Real (Bressi Ranch portion) water costs were allocated only to assessment numbers 1 through 21 based on the applicable EDU factors. I El Camino Real (Greens portion) - El Camino Real (Greens portion) water costs specially benefit only assessment numbers 22 through 39. Therefore, El Camino Real (Greens portion) water costs were allocated only to I assessment numbers 22 through 39 based on the applicable EDU factors. I I Prepared by Galen N. Peterson March 29, 2004 I Li 1 I I I I I I I I 1 I I I City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 21 Sewer costs benefit only assessment numbers in Sewer Zone A, as shown on the Assessment Diagram. Therefore, sewer costs for each road segment were allocated to the respective assessment numbers that the water was allocated to, but only to parcels within Sewer Zone A based on the applicable EDU factors. There was no assessment for sewer costs to the assessment numbers in Sewer Zone B, as shown on the Assessment Diagram. Summary of Special Benefit Factors Roadway _Improve ments Utilities Land Use Category Primary Trip Adjusted ADT % Applied ADT EDUs Single Family Detached 10/DU - 10/DU 1.0/DU Single Family Attached 8/DU - 8 /DU 0.5 / DU Affordable Housing 6.4 / DU (Bressi Ranch) - 6.4 / DU 0.5 / DU Apartment (Affordable 6/DU - 6/DU 0.5/DU Housing) Assisted Living 2 / Room - 2 / Room 4.2 / 1 0ksf Industrial 80 / AC 79% 63/AC 4.2 / 10ksf Community Retail 40/1,000 45% 18/1,000 4.2/10ksf SF SF Office 7 /1,000SF 82% 6/1,000SF 4.2 /10ksf School 60 /AC 57% 34 / AC 4.2 / 10ksf Church 30/AC 64% 19/AC 4.2 /10ksf Day Care 80/1,000 28% SF 97.4 / AC 4.2 / 10ksf Boys & Girls Club 90/ AC 52% 47/ AC 4.2 / 10ksf Homeowners 5/AC 25% 1.25 /AC 4.2 / 10ksf Association Rec Areas __ and per site and per site Community (Regional) Park 20 / AC 66% 13 / AC 0.4 / AC 1. Primary Trips are defined by SAN DAG as "one trip directly between origin and primary destination." Prepared by Galen N. Peterson March 29, 2004 City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 22 Recycled Water The recycled water system located within the public right-of-way will provide irrigation water to (i) medians, parkways, and adjacent roadway slopes (in and adjacent to the public streets and public easements) (ii) landscaped slopes and pocket parks within the home owners association open space areas (iii) landscaped areas of the public park (iv) landscaped areas of the school (v) landscaped areas of the private school and (vi) landscaped areas of the industrial section. The recycled water system specially benefits only the six categories stated above. Therefore, the recycled water system costs were allocated only to the irrigated area of these six categories. The percentage of area in each category, determined from the total area in all six categories, was multiplied times the cost of the recycled water system to arrive at the cost to be applied to each category. The resulting recycled water system cost for the first category was added to the cost for the roadways and spread to all of the assessment numbers that specially benefit from the roadways. The resulting recycled water system cost for the second category was spread to all of the residential units within the homeowners association that specially benefits from the open space areas. The resulting recycled water system cost for the last four categories was spread to the assessment numbers that correspond to those areas. Dry Utilities The demand for dry utilities is considered to be similar to the factors I used for water and sewer as shown above. The dry utilities costs (limited by the Internal Revenue Service to five percent of the bond issue amount in order for the bonds to qualify for tax-exempt status) were allocated based on I EDU factors using the same methodology and, except as noted below, the same factors as were used in allocating water costs. Due to the unique characteristics of the home owner association lots, the following dry utilities EDU factors were used for these lots: The HOA lots 47, 48 and 49 within Benefit Area No. 2 were assigned 1.5, 0.3 and 0.3 EDU per site, respectively. The three HOA areas in Planning Areas 9, 10 and 12 and the Village Green area (OS-2) within Benefit Area No. 1 were assigned 2.4 EDU. The Village Square area in Planning Area 15 within Benefit Area No. I was assigned 1.0 EDU. D-4 Proportioning Formation, Issuance and Financing Costs The costs to form this Assessment District, including the costs of issuance, have been determined to be eligible for inclusion in the Assessment District Prepared by Galen N. Peterson March 29, 2004 I I I I I 1 I I I City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 23 funding. Some of the incidental costs can be assigned directly to one of the I benefit components as shown in Appendix "E". These costs that cannot be assigned directly to any one of the benefit components and therefore have been separated into a separate component for purposes of defining special I benefits and allocating costs on a pro-rata basis relative to the improvement costs associated with each parcel as shown in Table 1 of Appendix F. The financing costs (bond discount and bond reserve), I including capitalized interest, have also been assessed on a pro-rata basis relative to the improvement costs associated with each parcel. I E. PROCLAMATIONS El Assessments are equal to or less than the proportional special benefit each parcel receives The special benefit received from the Assessment District improvements I exceeds the assessment allocated to each parcel. The improvements provided will increase the value of each parcel by more than the assessment levied upon it. To ensure that the assessments will be equal to or less than the I proportional special benefit conferred, a review was made of similar properties in the vicinity. Comparison of recent sales records indicated that the average price per square foot of raw land increased in an amount greater I than the costs of the assessments per square foot after backbone roadway and utility improvements were in place. I E-2 Reasonableness and Justification of Assessments It is well known and understood by the development community that public I infrastructure is required for raw land to develop to its highest and best use. After the passage of Proposition 13 and Assembly Bill 1600, developers and investors realize that they must provide the public infrastructure to I support their developments without burdening existing properties. The Assessment District improvements are estimated to add 7% or more value to each parcel's overall value. A review of other developments has shown I that this percentage is consistent with the costs of providing backbone access and utilities to raw land in similar developments. Therefore this Assessment levy is reasonable in relationship to the added value the I improvements provide to the parcels. I E-3 Future Apportionment of Special Benefit Special benefit will accrue to each parcel created by the subdivision of the I property within the Assessment District. Since certain existing parcels within the Assessment District will not, at the time of formation of the Assessment District, have been subdivided into final lots, the initial assessments established at the time of formation of the Assessment District will be placed Prepared by Galen N. Peterson March 29, 2004 City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 24 in the aggregate on the assessors parcels existing at the time of formation of the Assessment District. An assessment levied on a parcel existing at the time of formation of the Assessment District will be apportioned among those parcels created by the subsequent subdivision of such existing parcel. Assessments apportioned to any parcel created by the subdivision of an existing parcel which is to be owned by a public agency (each, a "Public Parcel") or a non-profit 501(c)(3) organization (each, a "501(c)(3) Parcel") or a home owners association (each, an "HOA Parcel") must be paid off in full prior to the recordation of the final subdivision map creating such Public Parcel or 501(c)(3) Parcel or HOA Parcel or contributed by the Developer as a reduced purchase price for improvements to be acquired pursuant to the Acquisition/Financing Agreement. The City shall not provide to the owner or subdivider of such existing parcel a certificate as required by Government Code Section 66493(f) for any subdivision certifying that the City Council has determined that provision has been made for the segregation of the responsibility of each of the proposed new parcels for a portion of the assessment unless payment in full of the assessments apportioned to all Public Parcels, 501(c)(3) Parcels and HOA Parcels created by such subdivision has been received by the City or otherwise contributed as described above. It is the City of Carlsbad's policy that final lots that receive similar special benefit also have similar final assessments. If the future subdivision of any planning area does not yield the estimated number of dwelling units, the City reserves the right to require upon application of assessment reapportionment, that a portion of the outstanding assessment be paid by the property owners to ensure that the assessments remain consistent within and between the planning areas as further provided in the Acquisition/Financing Agreement. All reapportionments will be subject to City of Carlsbad policies and procedures. FINDINGS AND DETERMINATIONS OF ASSESSMENT ENGINEER The undersigned, Galen N. Peterson, hereby finds and determine as follows: The proportionate special benefit derived by each parcel proposed to be assessed has been determined in relationship to the entirety of the costs of the improvements to be funded from the proceeds of the bonds issued for the Assessment District and the cash collections. No assessment is proposed to be imposed on any parcel, which exceeds the reasonable cost of the proportional special benefit conferred on that parcel. I [1 1 [I i 1 I I I Lii I I 1 I I I Prepared by Galen N. Peterson March 29, 2004 City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 25 I Only special benefits have been assessed. Parcels within the Assessment District that are owned or used by any I special agency, the State of California or the United States and which receive a benefit from the improvements have been assessed accordingly. In conclusion, it is my opinion that the assessments for the referenced Assessment District have been spread in direct accordance with the estimated special benefits that each parcel receives from the improvements. Dated: dayof 1-'f4c/1 ,2004- R.C.E. No. 18,364 (Expires 06/2005) ASSESSMENT ENGINEER I CITY OF CARLSBAD SAN DIEGO COUNTY I STATE OF CALIFORNIA I I I 1 I I I 1 Prepared by Galen N. Peterson March 29, 2004 City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 26 I, LORRAINE M. WOOD, CITY CLERK of the CITY OF CARLSBAD, CALIFORNIA do hereby certify that the foregoing Assessment, together with the Diagram attached thereto, was filed in my office on the 7 , day of y, 200*. -L' CITY OF CARLSBAD STATE OF CALIFORNIA I, LORRAINE M. WOOD, CITY CLERK of the CITY OF CARLSBAD, CALIFORNIA do hereby certify that the foregoing Assessment, together with the Diagram attached thereto, was preliminarily approved by the City Council of the CITY OF CARLSBAD, CALIFORNIA, on the/ 7éday of/ 200.4: lc~ C/ CITY OF CARLSBAD STATE OF CALIFORNIA I I I I, LORRAINE M. WOOD, CITY CALIFORNIA do hereby certify that the Diagram attached thereto, w Council of said City on the 200 CLERK of the CITY OF the foregoing Assessment, s approved and confirmed day of CARLSBAD, together with by the City CITY CLERK CITY OF CARLSBAD STATE OF CALIFORNIA I, GLENN PRUIM, Superintendent of Streets / City Engineer of the CITY OF CARLSBAD, CALIFORNIA do hereby certify that the foregoing Assessment, together with the Diagram attached thereto, was filed in my office on the day of , 200_. SUPERINTENDENT OF STREETS /CITY ENGINEER CITY OF CARLSBAD STATE OF CALIFORNIA 1 I Prepared by Galen N. Peterson March 29, 2004 I I I I Li Li I I 1 I I 1 I 1 I I I I I I I I I I LI El I I I I EXHIBIT 2 REVISED SPREAD AMENDING ASSESSMENTS 1 - - - - - - - - - - - - - - - - REVISED SPREAD AMENDING ASSESSMENTS ASSESSMENT DISTRICT 2002-01 (POINSETTIA LANE EAST) BRESSI RANCH; CARLSBAD CT 07-04 CITY OF CARLSBAD SAN DIEGO COUNTY DATE May 5, 2010 PREVIOUS ASSESSMENTS ASSESSMENT ASSESSOR'S PARCEL PARCEL BONDED ASSESSMENT OWNER OF L NO. PARCEL NO. DESCRIPTION ACREAGE LIEN LIEN RECORD 1 213-260-01 CARLSBAD TRACT CT 02-15, LOT 16 1.95 $ 115,167.85 $ 132,134.87 REAGAN BRIAN J TOTAL 1.95 $132,134.87 AMENDED ASSESSMENTS (1) BUILDING ASSESSMENT ASSESSOR'S PARCEL SQUARE BONDED ASSESSMENT OWNER NO. PARCEL NO. DESCRIPTION FOOTAGE LIEN LIEN RECORD 1-1 213-260-01-01 CARLSBAD TRACT CT 07-04, COMMERCIAL UNIT 1 2,268 $16,396.39 $18,811.97 REAGAN BRIAN J 1-2 213-260-01-02 CARLSBAD TRACT CT 07-04, COMMERCIAL UNIT 2 2,407 $17,398.77 $19,962.03 0 P T PROPERTIES L L C 1-3 213-260-01-03 CARLSBAD TRACT CT 07-04, COMMERCIAL UNIT 3 1,612 $11,651.23 $13,367.74 METROPOLITAN SURGERY VENTURE L L C 1-4 213-260-01-04 CARLSBAD TRACT CT 07-04, COMMERCIAL UNIT 4 1,454 $10,511.13 $12,059.67 METROPOLITAN 102 L L C 1-5 213-260-01-05 CARLSBAD TRACT CT 07-04, COMMERCIAL UNIT 5 1,682 $12,157.67 $13,948.79 LEE MICHELLE LEE SHIAOWEI MA 1-6 213-260-01-06 CARLSBAD TRACT CT 07-04, COMMERCIAL UNIT 6 3,050 $22,051.74 $25,300.50 6 PAK L L C 1-7 213-260-01-07 CARLSBAD TRACT CT 07-04, COMMERCIAL UNIT 7 2,255 $16,299.51 $18,700.82 DISCOVERY CHILDRENS DENTISTRY L L C 1-8 213-260-01-08 CARLSBAD TRACT CT 07-04, COMMERCIAL UNIT 8 1,204 $8,701.41 $9,983.35 6 PAK L L C TOTALS 15,930 $115,167.85 $132,134.87 $132,134.87 Total Sq Footage 15,930.03 Assessment Amt./Sq Ft $8.29 (1) Per the Engineer's Report, this spread of assessments is based on building square feet for commercial property. P:\Cartsbad\3208094-11\CT 07-12 rpt C0p5 Prepared by Wilidan Financial Services Page 1 of I I I I I I Li I I I I I I I I 7 Li I EXHIBIT 3 I CT 07-04 AND CONDO PLAN I 4RrIES K4YIhC PECQ1D T17LE INTEREST IN THE LAO 00W.D BY 1IEPARATIW4 AND RECGtIATION Or THIS (NIP AS S4.)IWJ WITHIN THE IOXCT AS LEPJIED IN SECTION .1351 OF TIC CIVIL CODE OF TIE xIA&1I OF 10 NON-RESIDENTIAL LWJITS AND IS FILED R1444NT TO f4OU.R CAPsTAL LLC. !'LAW,Ake un,re L/A8/L1r/ OMP9NY / 4øtJR BUMPING CO1tfPAMy JZZ r. M4A'A c7 r'iou, PgE3IN7 IMNK 4NA7-/0N,4L 89NK/N6I45IXJAT1OJ, R DEI OF 7gL/37- R(CORDL' 5 11v57-RW4EN NO. 2008-41/Z/ iONT TI1IZ vice 651 EM r -. gun TAX CC'LLECTC C831A1E WE, COISATY TRC49JIER-TAX COLLECTOR CF TIE COLSITY OF SIN DIEGO, STATE OF CALIFORNIA AP DIRECTOR. -DEPARTII?4( OF ptaic 1108(5 OF SAID COLNTY, IETEBY CERTIFY 17141 nfRE ARE AD LWPAIO SPECIAL ASSESSIENTS CA BONDS r,flal MAY BE PAID IN FILL. 901171 BY TIC SCOrE CF OI,R G'TICXS. AGAThET THE TRACT CA aROIVISICI4 CA ANr_qg 1?Ar 90(1111 124 THE AIPETED AMP DESCRIBED IN THE CAPTION DIII McALLISTER COIJ4TY 7TE49WER- / V TAX COLLECTOR (/Twe ,m4 L. 94YDR 3t OIPECTCA OF . F0IPECTCA s DAUTZ It T.ObQ M TREAS C8AE I.MRCLD..kc9EIWTY. CITY IREASLRCRCI THE CITY OF CARLSBAD, STATE LW CALIFORNIA. HEREBY CERTIFY THAT TIERS ARE N) LIEV8 FCA LWPAIO CITY TAXES CA L8PAID 81205 ISSLED UECR ANY II OVEJENT ACT CA IAFROVDOVT 8120 ACT CF TIE STATE OF CALIFORNIA SHOWING ON TIE 8(72(5 OF THIS CITIBE, EXCEPT TAXES NOT VET PAYABLE AGAINST TIE TRACT OF 51,IVJSI12I, CA ANY PART TIERSCF SHOAl ON THE AAIC) MAP AM DESCRIBED IN TIE CAPTION TTCRELW. DAY OF 2008 V. CITY TAEASLRER 'BY. 1,1'F$4AS..J. PASII$ZKA. a. Ar TIE 8Ai0 CERTIFY lTEI7'.BE PROVISICV6 CF THE 9.BOIV1 GlEE) PECAROIPXIT*~"~~TAXES AWEE AN) STATE. CVXIITY, Mfri CA MIT VET PAYA12Z. HA D WITH. TiC CV(IITY Ar 5414.0 . 4'CY IAV2ArTITL 1)EG0V8V4T Ar TIE Ar LIE?6 FCALSFAIO S . TED AS TA, EXT THOSE am OF THE BOARD OF PERVI9.AS a41 — — — — L01 02-IR.'== cI1LSO4D, 61, srAAWjm4=— - Acc1YC TO IMP NNW W. 14960, FILED IN THE CF11(Z or THE CO(MTY PEtAr1€R OF SIN DIEGO OZ!4TY. FEBU4RY 4, 2005. GROSS APEk 1.945 ACRES M.R OF LO1- I S1.a)IVIS1CN GtVRANTEE PREPARED BY FIRST AICRICAN TITLE Cr9PANY ORDER P. Me0-2953481 OqMO JjAvEI, 2X1 I, DONALD ROY QARY, A REGISTERED 1.410 SUTVEVCA OF TIE STATE OF CALl PC aRVEY LW THIg SLWIYISION WAS ALICE BY AC OR (sR MY DIRECTION SLA%EY IS IPLE AND CV)FLETE AS SHOWN, THAT THE AOMACNTS OF TIC GIN SET CA P0(70 Al PC $1601 VISION 8(LWARY COACRS, AND I WILL SET ALl CIIARACTER AND AT TIC POSITION INDICATED BY THE LEWD IN THIS MAP V. CCAR.EIIQ'4 OF TIE REQUIRED IW'ROIflCNTS AND A(XEPTAMZ BY TIE CITY I MBMAENTS ARE CA WILL BE SLFTICIENT TO GAA8(E THE SLITVEY TO BE RETR 9*IT 3). I ICRWY STATE THAT THIS FINAL MAP SC$STANTIALLY CCIFCR14 APPROVED TENTATIVE MAP. , Damp ROY GRIT', (.5. 7848 . BATE! REGISTRATION EXPIRES 12-31-08 an'EktW MEMN BTAT904T I. ROT I. ,X*f.SAV ..A.; CITY ENGINEER OF THE CITY OF CARLSBAD, CA THAT I HAVE EXAMIIED TIE APIEWED NIP CF THIS 51601 ViSION TO BE 1005 07-04, CQ'&ISTIPAl OF 5 REElS AND DESCRIBED IN THE CAPTION IJCRErF, CES1ON IS SIDSTANT1ALLY TIE SAlE AS IT APPEARED LW THE TENTATIVE MA ALTERATIONS T1CRECI THAT ALL TIE PROVISIONS OF TIE StWI ViSION LW CALIFORVIA, AND ANY LOCAL CR01 WAIEE CF SAID CITY APRLICALE AT TIE TIE TENTATIVE MAP HAVE BEEN CCWL lED 51111, AND I AN SAYIR'IED THAT CORRECT. 7 IERSBY APPROVE AND REC72WD MID 144 ROBERT T. 114SO4 R. CITY EADIICER ROC 285 Ig,tX7'JBES 03j8I-2010 Wt II J2:4108 NoC $41.18 1. DONALD 1EV, SECRETARY 111 THE RLAi'idIlC (XMIISSIO'l OF THE CITY CF THAT THE TENTATIVE tSAR OF CARLSBAD TRACT CT 07-04 HAS LWXN REMITfl CCAIUSSION FOR IlEP(XIT AND PEC12W00ATI124 01214(0 tEll BY _Q_.i2i 71,, SECRETARY CF PLAMAIN) CCI811551124 DATED: 1?-4-7-408 APPROVED AS liE P081 THIS iZDAYCT A..1sl,je4vI,r, 2008 NOTARY. ACKNOWLEGEMENTS RONALD R. BALL 8________ CITY ATTONIEY GAIEZX_' I O,c3 ) it JES IllIE BEEN a41TTED L#CER TIE PROVISIONS OF SECTION 664.35 E SLUII VISION MAP ACT, THEIR INTEREST IS SED4 THAT IT SIONATIRE IS HOT REQUIRED BY TIE GOVERNING BODY. V. M1t.XR CI AN EACNT IEC08ECD .XLY 27. 1960 AS FILE W. I, LCRRAIIE N. WOrD, CITY Q.518C OF THE CITY OF CARLSBAD. STATE IF CALIFORNIA, ICTEBY CERTIFY THAT THE O]IAACIL OF SAID CITY 114$ APPROVED TIllS AMP CF CAIESBAD TRACT CT 07-04, C061STING OF DEETS All) CESOAJIED IN TiE CAPTION TIEREIF. IN WITlESS WIERECF. SAID HAS CAUSED 1PE PRESENTS To BE (ASWIED BY THE CITY CLEW THIS q )• J,..JiA.) 2008. LORAIilEM. NOW /1 CITY a.ERIC BY. (5•4 ' PmY, I1XXR CF AN C4LWT IEC1JC(D OCTOBER If. 1974 AS R. tRS P112115 Or ACCESS AS DEDICATED PER NIP t. 14500. I€NT FOR WINAL UTILITY AND ASS P1WS DEDICATED I, GREGORY J. 9.41171, PE)XKEJER Ar THE COANTY OF SAN DIEGO, STATE OF 17141 I HAVE ACEXPIED FOR FECGVDATI 124 THIS MAP FILED AT TIE RSOLEST THIS ______ DIV CF)føt&4—' 2008, AT I..b GREGORY J. SMITH B7 4gte..2c1fh.4 ., COLWITY RECORDER CEFVTY - - - - - - - - - - - - - = - - ._ - _ ?OTARYACKNOt&i STATE OF CALIFC(4Y14 CCONTY M 14. V$hIi A ON. -auvor AC, - A rtV . E!Mt1 NOTARY PLaJC, PERSON4LLY APPEARED 70 &? ON PC BASIS ON(S) WAGE MAC(S) IS/ARE BP PROVED TO AE ON TIC BASIS G SATISFACTORY EVICEAYX TO BE PC PERSON(S) ROME N4ACS /W 4W ACeAMLEDtD TO AC ThAT llS./ICR/PCIR) AUP!2W Th!R) sl0MitiC(s) WA PC SLeSERIPELILJO PC WIThIN IVS7RUIEJ4T AVØAOOW1WAD TO AC THAT (/4CAS) C1I1ED PC SALE IN (HCICiØ) AA7.I41RJ2EO cAAAI?rCIE). PL47 BY (H?sfloTfrn, SIrL4R.RE($ cw PC ATE LPOV BEM4LF MAW PC 1NsTRLaEl'1rfE FERsW(). ON THE bflTr[PW BEMLF W 1*1101 PC 1L71T. PERSCIY(J) ACTED. EXECUTED PC R6TRVCNT. THE LAWS LV PC STATE.OF I CERTIFY I2R PENALTY ON pERAAY WMR TIE LAWS LV THE STATE OF ARI IS PALE AND COMM CAL IFONNIA PAT TIE FOREGOING PARAGRAPH IS PAlE AND CQRWCT. WITh€S MY hAlO. SIGNATURE PRINT MAC______________ C ANOTARY PL&!C IN AND FOR SAID STATE V LV' PRINCIPAL M-4CE CV 8t.611E5$ IS CO(1ATY CV' 2bt$ w cvIAWISSIOV EXPIREM -.MISSION 4 LV NOTARY. CV CALIFORNIA WLI"f\Y OF )$5 A ON __, TONE hE. . A rb,dw )41Pi4 aa NOTARY P(1C, PEA4LLY APPEARED 70 AC ON TIC 94515 OF ___________________, NM) PROVED TO AC ON TIC BASIS LV ON(S) WHOW M4C(s) N/APE SATI.CTCøY 'IXt TO PC PERSON(S) 4WTE MAC(S) IS/APE 10 AC THAT .4,0 AONW1LED TO AC T1L4T 4,/TIC1R) AUPAORI2ED IPEo 10 PC WIPUN Th6WU?LNT AND ACKMTIEESAZD (fsIC1AEY) EXCGVED PC SAlE IN (His//rIC1R) AUThORIZED 'THEIR) SICN.4TARE(S) ON TIC CAPACITY(IES). .4,0 PL4T or (HIsflCl/nEIR) sini(s) WA TIC IrE tRW 00IALF LV' 1*4101 lIE IRSIRLIENT PC P5R50115$). ON DC ENTITY (RON 4LF LV' 104101 PC lENT. PERSON(S) ACTED, ECUW PC II1ThAC4T. MXR PC LAWS LV TIC STATE LV i CERTIFY ua* PENALTY ON PER.ZRY ARYXR THE LAWS OF TIC STATE LV APIA I$ IlIAC AND CORPECT CALIFORNIA ThAT THE FOTECOPC P.4940MPH IS PALE AND C0FCCT. WITlESS AlE MAO. PRINT ILiAC C A NOTARY PL13LIP IN AND FOR SAID STATE )' LV_QrPJ2-... FRIACIPAL,PArAE LV' Bt.sIICSS IS COONTY CoIvf'SsIcw oplam cISS1W4ILFMITARY - TO AC WA TIE BASiS AT / c*i(s) r NILE(s) I&A* AID A01NOLWD rq,lE ThAI IliS/IER/TICIR) AUl12ED PC1R) SIWL4flI(S) ON THE lYE UPON B04ALF OF 171110.1 I'VE ACNT. VEER PC LAWS CE PC STATE 11 AM IS PAlE AND CORRECT. 1/ tii JW / CONVERGENCE ANGLE I -CO'33'07.59I I .ATSTAOOB 1 11 / 1 •, SCALE- 1..20' lot$ GOL0115, 00 It.336- OD R-30. lip 4?.. -- SCALE: 1"-20' ONAPNIC SCALE Ot. TEClE EAeAT PER DOCLWAT AEC .4EV 27, 1960 AS II6TRJ..NEAT W. II LVTJCIAL. RECORDS ® G 4. PEJERAA. UTILITY AND ACCESS EASE MAP 14960 6. RESTRICTED SIGHT DISTANCE CQJ PAll MAP 74600. 't V-1 LI cp LOTI SCALE: 1- 01APR10 50.41 Tc CARVE T.E I CARVE EELT4 RADIUS WCThI Cl I'59'O0i 3M. O-Q ,I II,6.II C2 0'56'041214.00' 3.491 356.14' / .- /is'/ STA071 / N 1,992,504.646 E6,256,518.190 A' PD 2 CRASS DISC IN Cr140 7 /' SIXWALX. STAWED 'CPS CONTROL PT 21102 1992 PER I / 405.17271 j 0.. INDICATES FDLP,D STREET $11 5276' PER MAP 14600, L4t1T INDICATES P01.140 LEAD 8 TAC ArmrsrSEr ((9.75 FEET REW1O, ACCEPTED AS 01PSE 14600, LWLESS OThERWISE 140 INDICATES FBL8D 2' 1A04 PA PER IMP 14960. SEE CERTIFJ 03-01-07 AS DCC. #2997-01 JPIDICA ItS LEAD 8 TAX N/DI CERTIFICATE Cr C00R60IJEW RECC*40ATI(J4 Cr THIS 1149, STAMPED "LS 784$'. INDICATES S1IVISi01V 90119 INDICATES STREET W4TETtTh lAO/GATES STREET RIOIT-r1'- il/I/I/I/I/I INDICATES AMaYER'S .RIGHT 144914600 ALL BEARINGS DISTANCES AND CtRfE DATA Al AND 14960 AND IC4,9ED THIS RgVrY, WN OF aE4ffiW 7740 BASIS Cr BEARIHOS FQQ THIS 9.RVEY II SYSTEM (xs a!) 20140 6 (EPOCH 1991.33) 77€ CITY OF C#M.SBAD STATJO'& 071 AND 01 SIRfEY W. 17271. \ N23'162611 I.E. N 88'54'02 0.27' FRC PT 01.01W BEARINGS FROM RVERVJCE MAPS OR I 71 ' IN 151716 Cr SAID SYSTEM. / 1740 Lr.IDIIED $0411 FACTOR AT STATION 091 / 0010 DISTANCE - 000110 DISTANCE x CEADII /CAS1.RW DISTAMZS SIERPI lEREOM ARE 0001 TIE 144P9110 AIMA.E AT STATION 09$ IS -00' TIE LIEVATIC4V AT STATION 095 IS 444.770' - - - ET I.E - - 4rJr N89'17' 128 BASS 9FBEAR?408 02 _V3i8'iiIO) 7 STA 095 N 1,992,551.277 , £ 6,254,088.257 PD 50 09 Ei€ DISC IN (XC 80 \ '. ' - iN AZ 7992' PER ADS 17271 SIDEWALK. STAMPED SXPS 41 -DD R.264 * IvwIY — ' — - - - - - F PER IN TOFLouçT L 11 162 -j- 6.00 46106 — 41t $ pø * LOT SEE SHEET 2 FOR DETAILS 04 V *ERThREST AND NCRTIE4ST SITE DISTANCE CIDCAS / SEE SIEET4FCRNEW EASTERN SITE DISTANCE CORRIDOR AND P1LIC WATER CA b LINE [AWNT -s N42'44'15'E(R) 337.40- ØM.e4T ?7!S ALL LOT CS WILL RE M17L4(MED BY A 0045$ DISC STAWED ILS 7848' SET 401401 IN TIE 700 Cr CL#B AT AN (ITSET ((4.75 AND All (ITSEJ' OF 9.15 FEET AL01'40 TElWA CA STREET. 7740 (I'TSET SHALL RE ME-ASEM 911 THE RIGHT-a'-$'AY LIFE. ALL POINTS Cr 01.91€ WILL RE luLleaw I CRASS DISC STAIFED 'LS 7848 SET IN 1740 4.75 FEET ALONG EL CAMIFO REAL AND AN OF TOWN CARIIEN ROAD AND ?.ETRCrCtJTAN STREET 140.4511400 RADIALLY. & 4/ "/ IfJ El) 11.447 8 TAG( W/OJSC STAMPED "LS 4511' INC 0041144CC DiTCH, SC CLR LO 1 PER CERTIFICATE (4' CORECTI04 REC. 03-01-67 AS DX 2007-0140525, 0.9. aw TABLE CLRRE 00JA R4DILS LENGTH Cl 99'00'00" 25.00' 38127' C2 330'33 214.00' 13.11' CS 3'30'33 204.00' 17.49' 4'41'33 3)8.00' 1 27.81' N89'17'12'W Li(€ TAaE _Lite BEARING - DISTANCE .._i! M)3.'15'28'W 8,79' IL_ *2'59'29'E 1.68' :_ ?QO'S9'26'E 21.54' ±__ ?6'42341I 15.92' _JL_ N23'I6'281 70' N42' 59'29"E 1.58' _..&Z P0'39'26T 7.38' _.AL...I PC8'09'2.3'E 18.00' .!2 M)374'37 (R) 20.00' 4J4.44' CARLSBAD TRACT 99-03 MAP 14543 1, TOTAL MAaR Cr LOTS I TOTAL AREA - 1.945 ACRES ALL DISTANX SM)IQ4 WITHOUT RECIIA4LS REPRESENT DISTANCES TO MID7)6 Cr A EXT. SOL FEPM SOILS REPORT PREPARED BY. SOUThERN CALJFC*IIA 00TEOI4ICAL. FRO,ECT NO. 050301-I DATED 01-23-06, 02-25-08 AND 03-06-08 —— EAVTM)13 ® ®SXIE EASEAENT PER 3JCtMNT 2rrfWnMAL 1' 27, 1950 AS IA$TRIACIT NO. 151772 CT OFFICIAL REC 2. 10.00' #1CC EASE'IEJ# PER PACIFIC TELEPHONE AND TLIE00APH CO49ANY FM 04)CUENT ACCORDED OCTORER 11, 1974 AS It40TRiJ,IT NO. 74-273311 CT OFFICIAL RECS J. ABUTTER'S RICK Cr ACCESS RELIIDtIIS'€O PER 1449 14600 GENERAL UTILITY AND AAJ.5S CASEIENT PER ARP 14960 ®5. LAI'L6CAPE MAINTENANCP E.4SEIENT TO RE MAINTAINED BY 77€ FUTURE PACrV1TY OIPER'S ASSOCIATION PER MAP 14960 MODIFIED IRE04 p\ 6. RESTRICTED SJWT DISTANCE 09W1DDA AREA PER £449 14600. ALL £DMAENTS WILL RE SET WITHIN 30 DAY! 149901€AENTS. M.sP9!I •l IT IS THE INTENT Cr THE S1IVICER TO 02 INTEREST IN 11€ PROPERTIES 9408404 THIS B, IPLk)IIC ANY REVERSIONARY R1014T ABJ)INItE PL49LIC STREETS CR ALLEYS. IT 1149 TO SEVER 17€ LEGITIMATE 91047' Cr 0TH 17 IlEWRSI0A.EARY RIGHTS 11901794 P9100 ID GA 4VIAPAPCW'Y j AV 0I SCALEI.40' I I I I I I I I I I I I I I I I Ct 0 - iNVff 981 I g, I-) 0,96WJ9 tit ku 23 us F2 I =am= — —m — mON INWTIO — — — -. ____ ____ BUILD1IC PERMITS WILL NOT CE ISSLED FOR THIS PRO..ECT LNISS PC LOCAL A%VCV PROVIDINO 1M1ER MC SflERSERVICES TO DC PRO..ECT PROVIDES WRITTEN CERTIFICATION TO PC CITY THAT ACEQIMYE WATER SERVICE AND TIER FACIIJTIES, RESPECTIKLY, ARE AVAILABLE 10 PC PRO.ECT AT THE TIME OF PC APPLICATION FOR PC THIWIhC PERMIT, AND THAT WATER AID W CAPACITY AND FACILITIES WILL CCNTIME TO CE AVAILABLE U4TIL 11€ TIME OF oPgcy. ID SIRI*TLCE. FDa. tALL SIGN. OR 011CR 0?.ECT O'.ttI JO ItAICS W E 5TTT LEI. MAY CE PLACED OR PERMITTED TO E104OI WITHIN lIE AICA ICENTIFIED AS A SIGHT DISTANCE CORRIDOR IN ACCORDANCE WITH CITY STANDARD PUBLIC STREET - C(SILW CRITERIA, SECTION B.S..' AND AS £IDWN LW THIS MAP. O47S ALL !IR0W1ENT5 ARE PRIVATELY OWIAD AND ARE TO CE PRIVATELY M4INTAIPED WITH TIE EXCEPTION CE TIC FCLLOWIW o) ONSITE PUBLIC WATER MAIN AND Fl/C HYCRANTS. DEVELOPER HAS ElECt/lW AND RECORDED A CITY STAILIAXCI XICLLWIVIT IIFROIEICJT AEICJT 10 INSTALL AND CEQ.lE WITH APPROPRIATE SEaRITY AS PROVIDED BY LAW, PL.IC IMPROMENTS lICWN ON PC TENTATIVE MAP AND THE FLOWI?C IIFROIE14ENTS IlELtt)IID, BUT NOT LIMITED 10 WADING. EARIAG AID CRLDBIMI, W, WATER. ViCE HYCRANTS AND PCCT.AIAED WATER, To CITY STANDARDS TO PC SATIACTILW CE PC CITY BCI?. THE IIROlENTS A Q'611E P19JC WAlER MAIN AND FL/C HYDRANTS OPiTE PRIVATE SEWER WiN 101ROVDAWS LISTED ABOtE SHALL CE W6IM.CTED WITHIN 18 I4DC CE APPROVAL CE PC 9..RDI VISION OR CCVELCEICJVT IPJ-YC1CJOff AGREEMENT OR St.OI OTTER TIlE AS PROVIDED IN SAID ADEELENT. WA TER S8T4 ICE DESIGN AID WERATI01V CE DC PROPOSED WATER SYSTEM SHALL COIFLY WITH THE FCW.LOIVThC A Ste-ICIER SINLL CE INSTALLED FOR EACH IM)IVID(/ALLY OJIPED IAYIT. ICIlDINI WITHIN CCNb RELATED TO WATER METERS CAIWT CE CHANGED WIThUff PC APPROVAL CE THE CITY LIEIIER. PRIOR TO SALE CE ANY LVIIT. THE CWRWR SHALL CREATEAN I?FOI.W ACCOIAAT 10 CE FLOW WITH AN AXAAVT CUINI. TO AN ESTIMATED THREE IAWD6 CE WATER BILL PAtIENTS. OWPERS AND IDI4MTS CE TIE (WITS 914a CE 1OTIFIEI) PUT THE CITY MAY S"AITPJT WAlER SERVICE 10 lIE ENTICE BUILDIIE IF AOEQU4IE PAtIENT CE TIE WATER BILL IS PCI MACE. THE OWiCR CE THIS PROPERTY LW CE}IALF (F ITSELF AND ALL SLLWS IN INTEREST HAS AGREED TO PALO II4RILESS MD lIAr?. THE CITY Or C41e.SBAD FRDI ANY ACTION PUT MAY ARISE TIDCEQI ANY DIVERSION CE WATERS, PC ALTERATION OF THE IN4L FLOW CE StACE WATERS CD ONAIINCE. LW PC CONCENTRATION CE SLWMX WATERS LW CDAIAI4CE FROM THE DRAINAGE SYSTEM LW OTHER IWR01EIENTS IDENTIFIED IN PC CITY APPROIED CEPaCRIENr. PE.416 LW BY PC CESION, CONSTRLCTIC#1 LW MAINTEumZ CE TIE DRAINAGE SYSTEM LW OTICR IWROPEIENTS IDENTIFIED IN PC CITY APPROTED CEIEUF#47LT PLANS. I RECORDING REQUESItD BY: FIRST AMERICAN TITLE-NHS WHEN RECORDED MAIL TO: BRESSI RANCH MEDICAL PLAZA 20320 SW BIRCH STREET SUITE 110 NEWPORT BEACH, CA 92660 ATTN: WILLIAM P. CHUTE COPY of Document Recorded I c-C9 on _____ as Has not been compared with original. SAN D,co COUNTY RECORDER I I CONDO PLAN (Title of Document) I I I I I (SPADE ABOVE THIS LIfE FOR RECCERS USE) ONDOWIUM PLAN BRESSI RANCH MEDICAL PLAN SLEET I CF 12 WE. 1W LNXRSIQ\rD, BEJM ALL OF 1W RECORD JS CF SECMITY !NTETST IN, THE REAL PROPERTY, DESCRIBED IN THE DOWLT'JTS HEREINAFTER AENTIC*ED, DO IfREBY CERTIFY THAT - NE I€REBY CC&J4T To 1W RECORDATION CF 1W PLAN CF ca'voMINIuw, PtRStJANT TO CHAPTER 1, TITLE 6, PART 4, DIVISION SECC*iV, CALIFORNIA CIVIL CODE, CONSISTING OF. (1) THE DESCRIPTION OR SURVEY MAPS CF THE SIWACE CF 7W LAN) INCLUDED WITHIN TIE PROICT, AS 510'! DESCRIPTION OR SURVEY MAPS ARE SET FORTH tPCW OR CONSTITUTED BY THE SUBDIVISION MAP SJKJWThJ LOT 1, IN 1W CITY CF CARLSBAD, (XI(R4TY OF SAN DIEGO, STATE CF CALIFORNIA.OF TIE CITY OF CAF4.SBAD TRACT CT 07-04, ACCORDING TO MAP ThEREOF NO. 15735, RECORDS OF THE COUNTY OF SAN DIEGO, AND P51IC! SUBDIVISION MAP IS lEREBY REFER9CE INCORPORATED 1EREItt (2) TIE DIAAA#A4 TIC FLOOR PLANS ATTACHED IERETO AND MADE A PART IERE(Y AM) (3) THIS CERTIFICATE. 99ESSI RANCH LEDICAL PLAZA, LLC, A CALIFORNIA LIMITED LIABILITY COWANY, AS OWNER BY: AMOUR CAPITAL, L.L.0 A DELAWARE LIMITED LIABILITY CCWANY, ITS MANAGER I I I $ I Ti, BY: AP'IAO(A? BUILDING XWANY, A CALIFORNIA CORPORATION, ITS MANAGER CALIFORNIA NATIONAL BANC. A NATIC4V4L BAM(INC CORPORATION AS BENEFICIARY UNDER DEED OF TRUST RECORDED At/GUST 28, 2008 AS INSTRtIEJ4T NO., 2008-461121, OF OFFICIAL RECORDS. BY. BY: NAAE TITLE: SEE SHEET 2 FOR NOTARY ACKNOM.EDGECNTS 'I I II I [TI ('AGE ABOVE THIS LINE FOR RECORDER'S u) I BRESS! RANCH MEDICAL PLAZA ShEET 7 OF 12 WE, ThE (JaRSI(ED, BEING ALL OF 1W RECORD HOLDERS OF SECURITY INTEREST IN, THE REAL PROPERTY, IDESCRIBED IN THE DOCtAENTS HEREINAFTER MENTIONED, DO HEREBY CERTIFY THAT: WE HEREBY CONSENT TO THE RECORDATION OF THE PLAN OF CONDOMINIUM, PURSUANT To CHAPTER 7, TITLE 6, PART 4, DIVISION SECOND, CALIFORNIA CIVIL CODE, cc,sjsrm (i) ThE DESCRIPTION OR SURVEY MAPS OF THE I SI.WACE OF THE LAM) ThCL WED WITHIN 7W PROJECT, AS RJCH DESCRIPTION OR SURVEY MAPS ARE SET FORTH (PC.W OR CONSTITUTED BY TIE SUBDIVISION MAP SHOWING LOT 1, IN TIE CITY OF CARLSBAD COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, OF TIE CITY OF CARLSBAD TRACT CT 07-04, ACCORDING TO AMP 7WRE(F NO, 15735. RECORDS OF TIE COUNTY OF SAN DIEGO, AND WHICH SLWI VISION MAP IS HEREBY REFERENCE INCORPORATED I'€REIt (2) TIE DIAGRAA#11AT1C FLOOR PLANS ATTACHED HERETO AM) MADE A PART IEREON AND (3) THIS CERTIFICATE. BRESSI RANCH MEDICAL PLAZA, LLC, f/ A CALIFORNIA LIMITED LIABILITY COMPANY, AS OWNER BY: ARMOUR CAPITAL, LLC A DELAWARE L IMI TED LIABILITY COMPANY. 1 ITS MANAGER BY: ARMOUR BUILDING CCWAWY, I A CALIFORNIA CORPORATION. ITS MANAGER £FFREY B. ARMOUR. 'I PRESIDENT CALIFORNIA NATIONAL BANK, A NATIONAL BAM(ING CORPORATION AS BENEFICIARY fT TRUST RECORDED AUGUST 28, 2008 AS INSTRUMENT I BY: NAAE 1 L..NAME.Qfi fM/4 TITLE: Viu TITLE: VICE fl4JU)c.,4 I SEE SHEET 2 FOR NOTARY ACKNOWLEDGEMENTS I 'I NOTARY ACNOWLEDCEMEWTS 9*ET 2 CE 12 STATE (7 C4JJfCVJA ) COtS4TY (7 UI UlitJC YiDNtVTITY~LM t¼i ,2OD('} 6EF( *E; JU M...A iOTARY Pt&IC, FRSC$4LLY AF(E4FD y IWK) PROVED TO AC OV TIE BASIS (7S.4TIACJY EVIW TO 17€ PERSCIV(s) M N4*E(s) RI&D TO 77€ WITHIN IISTht1EI4T A!E) AO(ftV$LEJJfLD TO AC THAT ('f/flEY)E)CU1ED TIESAAE IN JR) Au77ry PAcIyY(Ifs)1 A1j, THAT BY (,4fR/rtfIR) sIf1JAnrf(S) f14 11€ IJ&TMWJT TiE PERSCt4(S). CR BEHAlF (7 rd104 TIE PERw(s)AcTEL), £JTED TIC Ii67MIENT. I CERTIFY LtW PENALTY OR PERJURY UCER 77€ LAWS OF 77€ STATE CE CALIFCRNIA THAT TIE Ft(EGOIM PARA(QAFH IS TRIE AND CORRECT. I 4~4A4r PRINT N4AC 1i> 1 A NOTARY P(LIC IN AND FOR SAID STATE omp CM* Ga7 JUNE M. KISHISHITA PRINCIPAL IfStTY? Ufl Comm. EpDec 12.2012 I STATE OF CAL IFCE4ZA ) COUVTYCE_____ BEFORE AC, , A NOTARY PI&IC, PERULLY APPEARED _____________ (7 FROM TO AC ON THE BASIS CE SATIACTCY EYICE? TO BE 77€ FRW(s) s7 IS/AT S(IBED 70 ThE WITHIN I?7MiesT AND AONOIUDV TO AC THAT (IE/9E/JTEY) E)(EWTED 77€ 341€ IN (Hzs/?€i/1wIR) AUThl7ID C.APACITY(IES).AN) THAT 81 (Ius/IfR/r1E!R) slavAnr€(S) ON 1w mswAwr TiE !RSEw(s), OR TiE ENTITY (Ff14 BEHALF OF P14101 lIE FEp.srll(s)AcTED, E)IEWTED TIE I1G7ThANT, ! CERTIFY WW PENALTY OR PER.*RY ttM 71€ LAWS CE 11€ STATE OF CALIF (NIA THAT 71€ FfGOIM PARAAPH IS IRE AND ccT. WI ThESS MY HAM) AND SEAL. SIMATURE PRINT HAlE________ -A M)TARYR.ftIC IN AM) FOR SAID STATE , PRINCIPAL ftAcE CE BUSIIESS IS WLIITY CE MY Ct*WISSICW EXPI& I STATE (7CALIFORNIA ) COUNTY OF J J CR BEFCRE AC, A NOTARY R.IC, PERSONALLY APPEARED *0 PROVED TO AC 01 71€ BASIS OF SATI9ACTCRY EVIDENCE TO BE 17€ PERS(W(S) P1GSE HAlE(s) IS/ARE 9.ESfPIBEO TO TIE WITHIN DsSTR,4T AM) ACRM)*LECED TO AC fl1.4T (7€/9f/71EY) DCUT&) BE SAME IN (His/IER/nEIR) AUThR12ED CAPACITY(IEs),AM) THAT BY (Hzs/ItwnCIR) SICR4nrE(s) CR 17€ ThSTMAENT 17€ FrRSav(s), OR 17€ ENTITY (Ff11 BEHALF OF $H!O1 77€ PERSON(S)ACTED, E)CUTED 17€ Th5TRIIENT. I CERTIFY L14)ER PENALTY OR PMWY (lEER TIE LAWS OF ThE STATE CFCALiFCRNIA Th4T ThE F(GOIIV PARA4PH IS TRIE APC CORRECT. I WITlESS MY HAND AND SEAL. sI01.4rLr PRINT MAlE____________ I A NOTARY P18.JC IN AND FOR SAID STATE PRINCIPAL PLACE (7BVSIPCSS IS COUVTY OF MY C$IAISSICR EPIlES I I PERJJ?Y IftR mc LAWS OF 7W STATE OF CALIFORNIA THAT 7W FOREGOIAC PARAGRAPH IS TREE AND Mat JOANNE PICCOLO Commission 1%1 1771694 Notary Public - California Sj7 Orange County Myccm.01L1 rw w r'.r.rri.w I CERTIFY 11W CORRECT. WITlESS SIQVA PRINT 94W J A NOTARY R8LIC SAID STA PRINCIPAL PLACE (7BUSI?ESS IS COIN" OF 0 MY (X4WISSI(W DAPIRE& 10- 1 __ NOTARY ACKNOWLEDGEMENTS SHEET 2 OF 12 STATE OF CALIFORNIA ) cWvTYcFO,,crC —') ON Qj?d /_Os'1 ME, -JOUre-pica6/b , A NOTARY Pt&IC, PERSC4LLY APPEARED ?bnk a2bLen 5nAIDAU11 L~ m heTh , I Jr NHO PROVED TO AC ON THE 94S15 OF SATISFACTORY EVI(CE To BE Th€• FfRsot4(s) * w1u.c(s) 4WARE SWSID TO THE WtIHIN I',5TR(9LNT AM) AO(M)JtEIXXD To AC THAT (lfmf/TIEY) EXECUTED liE SAAC IN 4497+R/1wIR) AUTHORIZED C4PACIIY(IES)1AM) THAT BY (HIs/t/TIEIR) sIQvAnRE(s) ON THE INSTMMNT mc PERscw(s) mc ENTITY LPCW K4LF OF YtHIW ThE PERSCW(S)ACTED, EXECUTED THE I I INSTRLFCNT. I STATE OF CALIFORNIA COWTY OF ) I I _______________ BEFORE AE, , A NOTARY PL&IC. PERSC4LLY APPEARED *0 PROVED TO AC ON ThE BASIS (7S4TIACTC4?Y EVIDENCE TO BE THE PERscv(s) Wt*SE iwi(s) IS/ARE SLESGRIBED TO THE' 71N.1 WITHIN INSI4T AND ACKMflLEDCED TO AC THAT (HE/2C/THEY)b'ZWTED TiE SAlE IN (uIs/IR/mEIR) AUTEFIZED CAPACITY(IES),API) THAT BY (HIs/IcR/ThEIR) sI4n&(s) ON liE INSThL1Jr HE FERSCIV(s), OR 1W ENTITY LFCW BD14LF OF WHICH mc PESON(S)ACTED, EXEWTED THE' Il61RtENT. l CERTIFY (lIVER PENALTY R PERJJY (lEER THE LAWS OF ThE STATE W CALiFCRPIIA THAT TIE FOREGOING PAR4APH IS IRIE AND CORRECT. WI ThESS MY HAND AlP SEAL. PRINT HAlE___________ A NOTARY PL&1C IN AM) FOR SAID STATE I PRINCIPAL PLACE OF BUSINESS IS COUJTY OF. MY W4iISSICW EAPIRES I STATE (F CALIFORNIA ) I CO UWY OF _________ 1W _______________ BEFORE At. _______________________, A NOTARY L IC. PERSCtLALL V APPEARED IWIV PROVED To AC ON ThE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S) fflOSE IMAC(s) I IS/ARE SWSfJIBED TO TIE WITHIN INSTRL$ENT AND AO(?ILEDJ27) TO AC THAT (tf/SlE/ThEY) EXECUTED lIE SAlE IN (H1s)f7?/mEIR) AtJThøIZED CAPACITY(IES),AM) THAT BY (1415/tER/mEIR) swL4rtRE(s) ON lIE It67M.ICNT TIE PERs1W(s), OR mc ENTITY LFOV BEHALF OF NHICHTHE PERSCI1(S)ACTED, EXECUTED ThE IP6TRLlENT. I CERTIFY 11W PENALTY OR PERJJW (lEER 1W LAWS OF THE STATE OF CALIFORNIA THAT THE FC4IEGOIM) PARAGRAPH IS TRIE AM) CORRECT. I WIThESS MY HAM) AND SEA. I sIr44A1UE PRINT HAlE____________ A WJTARY PL&IC IN AND FOR SAID STATE PRINCIPAL PLACE (F8161AESS IS CCU4TY OF MY cowiissi EXPIRES I I * .1 SHEET .3 OF 12 SHEETS A il 1 e 1 INNOVATION WY Ni I GATEWAY RD \ TOWN GARDEN RD \ MRPO \ EJROPOLITAN ST SrTE 1aTYM4P \\\\ NOT TO SCALE LEGAL LOT 1 OF CARLSBAD TRACT CT 07-04 IN THE CITY OF CARLSBAD, COUNTY OF SAN L)1EG0 STATE OF CALIFORNLk ACCORDING TO MAP THEREOF, Na 15735 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 19, 2008. rAa1.E.cf C9NiYTS Mo CF A'4Q9 7W BASIS OF HEARI= FM THIS SLREY IS 7W C4LIFC)IA OWNritS CERTiFiCATE 1-2 CDORDINATE srsivi (ccs as) ZONE (OM 1991.35) AND WAS ESTABLIM EThWJ 7W CITY OF CARLSBAD S7ATIC1IS 071 AND SUWPErVR'S STATEMENT & WCINITY MAP 3 096 AS 9MN ON RECfH) OF SRY W. 17271. DEFiNITIONS 4 I.E.N8854'02"W NOTES&LEGEND 5 BOUNDARY 6 84 CF 8E1AT8 BUILDING LOCA1ON 7 THE BENCHMARK USED IN THIS SURVEY is THE COUNTY OF SAN 1st FLOOR LAYOUT 8 DIEGO BENCHMARK NO. R1800, BEING A BRASS DISK IN A STD. 1st FLOOR FLOOR PLANS 9 wRvEY WELL ON CENTERLINE OF EL CAMINO REAL AT 5Th. FLOOR LAYOUT 10 288+89EC, APPROXIMATELY 1000 FEET SOUTHERLY OF THE2nd v.mi TOWN GARDEN ROAD. 2nd FLOOR FLOOR PLANS 11 CROSS—SECTIONS 12 ELEVATION. 311.407' MSL (NGVD 29) EYCS9TA!Lt 1 HEREBY STATE THE I AM A LICENSED LAND SURVEYOR OF THE STATE OF CAUFORNLA, AND ROY THAT THIS PLAN CONSISTING OF 12 SHEETS CORRECTLY SHOWS THE BOUNDARIES OF THE LAND, AND THE RflATON THERETO OF THE UNITS SHOWN HEREiN. ! EXP. 12/31/10 ROY QRrty7S. 7W DATE Is ia .E)IRES 12-31-10 OF F'JSCOE ENGINEERING INC. SAN DIEGO BSSI RANCH 6.390 GREENWICH DR. STE 170 UAI S A 7A AL MEW SAN DIEGO, CA 92122 '"&-' "." PHONE (858) 554-1500 'I, D I I SHEET 4 OF 12 SHEETS I i I EACH OF THE FW..OWIIsC W(?DS AND PIASES .9i4LL IN THIS I1*TRLICNT. HAVE THE RESPECTIVE MEANING 9()$N BELOW. LI'LESS A WJTRARY LEANIM) SHALL, BY 7W CONTEXT. BE EVIDENT. ASXIATIQ'4 PROPERTY ASSOCIATION PWJ'ERTY AEANS THE PROPERTY AM) ALL IAFROVE1CNTS (IM1WiM THE COM)CAIINILA w1w1M5) TERE(W EXCEPT FOR 1W UNITS AND THE CC*WJ AREA. ASSOCIATION PROPERTY S1I4LL ALSO INCLUDE 1W ASSOCIATION'S NONEXCLUSIVE £L4INTENAJtCE EASDENT OVER THE UNITS FOR U41NOWM OF THE (141T WALL AND BUILDING WALLS. CE4W4 AREA XO1 AREA AE4I6 CC*#LW AREA AS (EFDED IN CALIFORNIA CIVIL CODE SECTION 1351(8) AND CONSISTS OF THE VOL(.IE OF AIR SPACE DESIGNATED AS C01WJ AREA ON THIS CC41Cf14INI4Al PLAN, THE LOWER 801WARY OF IW1IO1 IS A HORIZONTAL PLANE AT AN ELEVATION OF 1000 FEET ABOVE SEA LEVEL, THE LffiER8O(MARY OF N'rlIW IS A HORIZONTAL PLAtE AT AN ELEVATION OF 1010 FEET ABOVE SEA LEVEl.. AM) lIE LATERAL BOUNDARIES OF $14101 ARE BASED LW TIC PROLONGATION OF TIC LATERAL BOUNDARIES OF 1W (NITS. Cf1tXIdlNILN PLAN CC'CC1IINItN PLAN *EAI6 THIS CC#IX4INIL1I PLAN, AS RECLW7ED AM) (XI?RENTLY IN EFFECT, FOR TIE PRCLXCT carsrit (A) A DESCRIPTION OR SIRVEY MAP OF 1W PRO.XCT, WHICH SHALL REFER To 909 A1iCNTATIQV ON DIE IROLtI). (B) A 711?EE DIAOIC#lAL DESCRIPTION OF THE PRO.ECT, Ct( OR MORE DIABSIONS OF *14101 MAY EXIE?1) FOR AN ItWINITE DISTANCE UPWARDS LW DOTNWAROS IN S1FFICIEWT DETAIL To IDENTIFY TIE FDED ASSOCIATION PROPERTY, COMM AREA AM) EACH Lt4IT, AND (C) A CERTIFICATE CCI&NTThC TO 1W RECCATICI4 ThOXF SIQED AND ACGaThLE1XD BY THE RECORD 0$1ER OF FEE TITLE TO THE PRG..ECT LW PORTION ThERE(F, AND BY EIDER THE TRUSTEE OR THE ?LWTCAIZE OF EACH CCLWrED ACRTCACE ElOJRIM THE PRO..CCT LW PIRTICII 11€RE(F a.ARAI1T LF0...ARAPIT ACAP6 BREWI RANCH AEDICAL PLAZA, LLC, A CALIFORNIA LIMITED LIABILITY C(IPANY, ITS SLCCZSg'S AND ANY PERSON TO *101 IT ASSIGNS ANY (F ITS RIQITS AND POWERS LItER THIS CEO.ARATIGI BY DGWESS WRITTEN ASSILt#ENT. ANY SUCH ASSIQ WIT MAY IPTJ.LVE SCAC OR ALL OF THE RIGHTS OF THE DECLARANT AM) MAY BE SIB.ECT To SUCH 0ITI06 LW LIMITATIONS AS DEQLARW MAY IAt305E IN ITS SQL AND ABSOLUTE DISLWETICW. AS USED IN THIS SECTION, SUCCESSW ACAA6 A PERSON *1*) ACQUIRES DECLARANT OR StSTANT1ALLY ALL OF 115 ASSETS, LW WHO *ERCES WITH Ca.ARANT, BY SALE, AERtR, REVERSE IRR, CONSOLIDATION, SALE OF STOW, £CJEERSHIP INTERESTS LW ASSETS, OPERATION OF LAW CX? OThERWISE. CE&ARANT IS A BUILDER AS DESCRIBED IN CALIFC(INIA CIVIL _- SECTION 1375. (ECL.ARATION DEamnoN,AEANs TIC DEQ..ARATIC#I OF COVENANTS, CONDITIONS AND RESTRICTIONS AND RESERVATION IF EASEJENTS FOR THE BRESSI RANCH WDICAL PLAZA ASSOCIATION. AS MAY RE AA€1'C€D FROM TItE-TO-TIW. RECCRE€D IN THE OFFICE OF 77E COIJITY REC, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, IN ACCORDANCE WITH SECTIONS 135 1(H) AND 1353 OF THE CALIFCIIA CIVIL CODE. EXQISIVE L& AREA EXCLUSIVE USE AREA AEAIS THE ASSOCIATION PROPERTY OVER WHICH EXCLUSIVE EASEA€NTS ARE RESERVED FOR THE aElfFIT OF SPECIFIED O$1S FOR ANY USE DEED APP..ICA&E BY DECLARANT LW TIC ASSOCIATION, AND INTERJ'LAL AM) EXTETh'L4L TEL9t0E WIRING CESIQLD TO SERVE A SINGLE UNIT BUT LOCATED OUTSIDE TIE BOLWARIES OF THAT LIVIT, IN ACCORDANCE WITH CIVIL 00CC SECTION 1351(I). AERE THAN ONE (1) UNIT MAY BE ASSIQED A SPECIFIC EXCLUSIVE USE AREA. TIE DE(LARANT 94LL HAVE THE RIGIT TO WANT EXCLUSIVE USE- AREAS OVER FIXED ASSOCIATION PROPERTY IN THE GRANT 0CEV CC*VVEY1AC THE UNIT LW BY SEPARATE EASEII€TIT DEED. PRGICT PRO.ECT ACAii THE REAL PROPERTY AND ALL IWROVEAENTS ThLt1 WHICH ARE SLB.ECT TO TIE CE(LARATICW. LLL (SNIT AEAI& A SEPARATE INTEREST IN A VOLUME Or 91ACE AS DEFINED IN SECTION 1351(r) OF lIE CAL IFC,WIA CIVIL 00CC. EACH UNIT IS A SEPARATE FREEHOLD ESTATE, AS SEPARATELY 51*3*14, MA6ERED AM) C€SIQ(ATED IN THE CIJUJAINILAS PLAN IN INTERPRE'TING DEWS, THIS EEQ..APATICaV AND TIC COCaIINIU.f PLAN, 17-C ACTUAL BOUNDARIES OF EACH (JIlT SHALL RE DEEMED TO EXTOl) TO (I) 7W L*FINI9CD SPFACE OF 1W 9017(11 OF THE CEILING, (Ii) TIE LSFINIS$ED SLWACE OF THE TOP OF 7W FLOOR 9...AB. (III) THE LIFINI51ED, INTERIOR SLftA(E OF THE BUILDING WALLS WHICH ESTABLISH DC PERItETER WALLS (F TIE UNIT, AND (iv) TIE CENTERLINE OF THE (NIT WALLS P.14101 ESTABLISH TI-C PERIACTER WALLS OF 1W (SIlT. EACH UNIT SHALL lP(LLEE RELATED D1LT *C FOR (N1R4L ?EATING AND CENTRAL AIR CONDITIONING AM) WIMIOWS, DOORS, FLIES, CHUTES. COl)WTS, GAS, WATER AND WASTE PIPES, RJA8IM3 WIRES AM) OTHER UTILITY I?&TALLATIO6 OOSIQED TO EXCLUSIVELY SERVE TIE MIT Cl? ANY OUTLETS ThEREOF LOCATED WITHIN THE UNIT, ALL WPETP-ER CLI?RENTLY CIJ-G7RL.(TW OR CC#6TRLCIED IN 17E FUTURE. THE UNIT 944LL NOT I?LCE LOAD REARING APE' UTILITY BEARING! WALLS WITHIN TIE PERIACTER IF TIE UNIT, LW SPRINKLERS, SPRIMQER PIPES AM) SPRIMQER I-CADS THAT PROTRLCC INTO THE AIR 97ACE OF THE UNIT, ALL *1ETI€R C(ffENTLY CCI6TRLC70 OR CONSTRUCTED IN THE FUTURE. TIE FOREGOING INTEJ4RE7ATI(W SHALL APPLY NOTWITHSTANDING ANY DESCRIPTION EXPRESSED IN THE DEED, TIE CONDMINIUll PLAN OR THE CEO..ARATICII REGARDLESS OF SETTLING OR LATERAL A*3VEACNTS (F IWROVEWNTS, AND REGARDLESS OF MIP.0? VARIANCES BETWEEN (SilT 8O(WARIES 9)$14 IN THE C(PSXNINiL*l PLAN Cl? DEED AND THOSE OF THE IAFROVEhENTS. FUSCOE ENGINEERING INC. SAN DIEGO MESSRANCH 6390 GREENWICH DR. STE. 170 IirVP'AI ft .4Z4 SAN DIEGO.. CA 92122 IVlI'P%L. PHONE (858) 554-1500 I I I I I i I,. SHEET 5 OF 12 SHEETS 1 THIS CONDOMINIUM PLAN AND THE DIMENSIONS SHOWN HEREIN ARE INTENDED TO CONFORM TO CALiFORNIA CIVIL CODE SECTION 1351(e), WHICH REQUIRES, IN PART DIAGRAMMATIC FLOOR PLANS IN SUFFICIENT DETAIL TO 1DEN11PY EACH UNIT. EACH UNIT. WHETHER IN ITS ORIGINAL STATE OR RECONSTRUCTED IN SUBSTANTIAL ACCORDANCE WITH THE ORIGINAL PLANS THEREOF, SHALL BE CONCLUSIVELY PRESUMED To BE ITS BOUNDARIES, RATHER THAN THE BOUNDARIES EXPRESSED IN THE DEED, THIS CONDOMINIUM PLAN OR ANY OTHER RECORDED DOCUMENT, REGARDLESS OF MINOR VARIANCES BETWEEN BOUNDARIES SHOWN ON THIS CONDOMINIUM PLAN, DEED OR IN ANY OTHER RECORDED DOCUMENT AND THOSE OF THE BUILDING WITHIN WHICH THE CONDOMINIUM IS LOCATED AND REGARDLESS OF SETTLING OR LATERAL MOVEMENT OF THE BUILDING IN WHICH THE UNIT IS LOCATED. THE UNIT FLOOR PLANS SHOWN IN THIS CONDOMINIUM PLAN INTENTiONALLY OMIT DETAILED INFORMATION OF INTERNAL PARTITIONING WALLS WiTHIN THE INDIVIDUAL UNITS. LIKEWISE ALL DETAILS CONCERNING PROTRUSIONS OF VENTS; COLUMNS, BEAMS, LOWERED CEILINGS.,RAISED CEILINGS SLOPED, FURRED AND DROPPED CEILINGS, VARYING CEILING AND FLOOR ELEVATIONS; SKYLIGHTS. SOFTITS, STEPS AND STAIRWAYS; WINDOW CASINGS. BAY WINDOWS AND OTHER SIMILAR FEATURES WITHIN INDIVIDUAL UNITS HAVE BEEN OMITTED FROM THIS CONDOMINIUM PLAN. DIMENSIONS SHOWN HEREIN ARE NOT INTENDED TO BE SUFFICIENTLY ACCURATE FOR COMPUTATION OF AREA IN ALL OR ANY PART OF THE UNIT. THIS CONDOMINIUM PLAN IS BASED ON THOSE CERTAIN ARCHflECTL/R4L PLANS DATED JUNE .30, 2008. PREPARED BY SMITH CONSULTING ARCHITECTS. THIS IS NOT THE PRODUCT OF A PHYSICAL FIELD SURVEY OF THE UNITS. THIS CONDOMINIUM PLAN CANNOT BE USED IN ANY WAY TO CERTiFY THAT THESE PLANS CONFORM TO LOCAL BUILDING CODES AND ORDINANCES. ALL ANGLES ARE 90 UNLESS SHOWN OTHERWISE. ALL AREAS LABELED THAT ARE NOT WITHIN A CONDOMINIUM UNIT ARE FOR INFORMATIONAL PURPOSES ONLY CU-1 INDICATES COMMERCIAL UNIT NUMBER EL INDICATES ELEVATiON ELEY INDICATES ELEVATOR PP INDICATES FINISHED FLOOR ELEVATION BUILDING liE POINT FLJSCOE ENGINEERING INC. SAN DIEGO BREW RANCH 6390 GREENWICH DR. STE. 170 £1r,Jr'AI PLAZA SAN DIEGO, CA. 92122 PHONE (858) 554-1500 I F I D i U - I I I - STREET SHEET 6 OF 12 SHEETS 4 355J2E(R) -4 )-c A R-214.00' L-13.11 A 2 '' Z2 N42 59 29 E rz9 N2 *48 1\ '-N23'16'26"W 96 05 ' I \ 8.79' N20 0.39 '26T \ t "-_88'04'26'Rir30.00' 1" L-46.12'21.54' W C20 't2LJV (El PRC 0I q '-p I I LOT wow it, 1 I I /10. EL c 1 SCALES 1=60' NORC4L 6' 110. GRAPHIC SCALE 80MAW BRES9I FUSCOE ENGINEERING INC. SAN DIEGO RANCH 6390 GREENWICH DR. STE. 170 I'J PLAZAUAI PLAZA SAN DIEGO, CA 92122 IV1IWU... L PHONE (858) 554-1500 I I I I I I I I I I I I I I I I I I I I I I I SHEET 7 OF 12 SHEETS I TOWN GARDtN ROAD - 8U1W1M ENVELWE (rw.) W I It 10'20' 40' 80' SCALE 1w- 40' r;IjI,' ~K#.Wvl A' -r- GRAPHIC SCALE FUSCOE ENGINEERING INC. SAN DIEGO BREBS! RANCH 6390 GREENWiCH DR. STE. 170 gjcrvpAI IAJA SAN DIEGO. CA 92722 MEDICAL PHONE (858) 554-1500 88.7' RESTROOM STAIRS HALLWAY LOBBYI I rJ I I I I . I I I I I I I I I I I I I I I I 1 SHEET 8 OF 12 SHEETS I .-- 1.8' -..-1 PS ELECTRIC FIRE Ir SERVICI L_L ASSOCIATION PRPER1) ' SCALE i"= 20' u 5' 1 ~~ 29' GRAPHIC SCALE ruscot ENGINEERING INC. SAN DIEGO BRESS! RANCH 6390 GREENWICH DR. STE. 170 JffJyCAI PLAZA SAN DIEGO, CA 92122 Pu- PHONE (85$) 554-1500 El SEE SIfET 9 FOR FLOOR PLANS Id FLOM LAYOUT I I I I I I I I I I I I I I I I I 1 CONDOMMUM PLAN SHM7 OF 2 SHEETS1 1.5\ 33.5' 8' r" ?-IZG-t VK-Af IL23. 6 CU-3 33.5' I44t,tc, j 33.5 . L± 't J 1stROOR SCALE: 1"= 10' FLWR PLAIiJS BRESsI RANCH 5390 ENGINEERING INC. SAN DIEGO 6390 GREENWICH DR. STE. 170 1it'øli"Ai SAN DIEGO, CA 92122 PHONE (858) 554-1500 I . I . I I I I I I I I I I I 1 I I I I I SHEET O OF' l2SHI ASSOCIATION PROPERTY W . 70 1h1.89 oI)s IRS r41o+ HALLWAY 9.2' cu-6 CU-5 I 5.8' 10.7' - CU-8 s-- 3.3' - - 5.8' 10.7' - L FY - 0 STAIRS L 86.7 I ASSOCIATION PROPERTY % SCALE: 1 = 20' SEE S14EET 11 FOR FLOOR PLANS It IFS It ii" 2W FLMR LA Mr GRAPHIC SCALE FLISCOE ENGINEERING INC SAN DIEGO BRESSI RANCH 6390 GREENWICH DR. STE. 170 I4rw'AI PLAZA SAN DIEGO, CA 92122 PHONE (858) 554-1500 Fl .5 . ONDOMNUM PLAN F12SHEETS I; I ., I I I I I I I I I I I I I I I I I CU-6 ao CU-5 C) 5 . .33.5 , 33.5' CU-7 CU-8 2t .c ç 2nd FLOOR SCALE 1"= 10 fl•C)fl PlANS E95 A &IFtIi FLJSCOE ENGINEERING INC. SAN DIEGO fl,4IVi.,fl 6390 GREENWICH OR. STE. 170 1Jr'Jp'AI D SAN DIEGO, CA 92122 PLAZA PHONE (858) 554-1500 I . I I I I I I I I I I I I I I I I I ABOVE I SHELT 20F12SHEETS TIC SKY ASSOCIATION PRTY EL1O10. 00' EL= 1000.00' ASSOCIATION PRERTY 0 L 41 2nd FLOOR LJVITS FF=312.50'Eij 1st FLOW Lt41TS FT=296.50' ELI ASSOCIATION PROPERTY 0 0 CTION A-A 7w olm or ThE EARTH ThEY ABOVE 11f CUM G flf&4RTH SCALE 1M= 50 2 SECTION B-B rUSCOE ENGINEERING INC. SAN DIEGO BRESS! RANCH 6390 GREENWICH DR. STE. 170 I1r'.JPAI plA74 SAN DIEGO, CA 92122 PHONE (858) 554-1500 TIC SKY ABOVE SCALE 7 Thf CUM OF ThE EARTH pE9(y ABOVE a=ioio.00' a=i000.00' ThE CENTER OF hf EARTH 1 I I I I I I I I I I [7] I 1 I EXHIBIT 4 ASSESSOR'S PARCEL MAP I - - - - - - - - - - - - - - - - SHT 2 *CAMRBELL PL SAN OEGD OUJMTY AsSSS MP 1 213-26 s SHT1OF5 flu r= 200' A 08/14/2009 ARS ' ft w as . .1wm I RJEMA la munim V u--a- IL7'TiW.. 2 40—FOOT ACCESS CONDO 81E5$l RAPIQI MEDWAL PLA D0c2009-0104227 a'nry II"e 8 I I 51111 S ST MAP 15735 — CARLSBAD TCT CT 07-04 BRtSS1 RANCH MEDICAL PLAZA MAP 14960—CARLSBAD TCT CT 02-15 I I I F~ I I [1 I I L~ I I 1 I I I Li EXHIBIT 5 I AMENDED ASSESSMENT DIAGRAM I VICINITY MAP - N.T.S. LEGEND APPORTIONMENT BOUNDARY MAP REFERENCE NUMBER C) PREVIOUS MAP REFERENCE NUMBER - - - - - - - - - - - - - — - = - - - PIT NOT TO SCALE AMENDED ASSESSMENT DIAGRAM OF ASSESSMENT DISTRICT NO. 2002-01 (POINSETTIA LANE EAST) CITY OF CARLSBAD COUNTS' OF SAN DIEGO STATE OF CALIFORNIA AMENDING ASSESSMENT NUMBER 1 TOWN GARDEN RD RECORDED IN THE OFFICE OF THE SUPERINTENDENT OF STREETS, CITY OF CARLSBAD, This DAY OF _.200_. SUPERINTENDENT OF STREETS CITY OF CARLSBAD THIS AMENDED ASSESSMENT DIAGRAM AMENDS THE ASSESSMENT DIAGRAM OF ASSESSMENT DISTRICT NO. 2002-01, CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. PRIOR RECORDED THE 5TH DAY OF MAY, 2004, IN BOOK 38 OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS AT PAGE 37, DOCUMENT NUMBER 2004-0404503 IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. [1 FILED THIS DAY OF 200 AT THE HOUR OF O'CLOCK .M., IN BOOK OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS AT PAGE(S) M —4 THE_______AT E REQUEST OF THE CITY OF CARLSBAD IN ThE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. c:1:) 0 I (:) FEE: II I INSTRUMENT. NO.: GREGORY J. SMITh, COUNTY RECORDER BY DEPUTY. COUNTY RECORDER COUNTY OF SAN DIEGO NOTE: FOR PARTICULARS OF THE LINES AND DIMENSIONS OF ASSESSOR'S PARCELS, REFERENCE IS MADE TO THE MAPS OF THE SAN DEIGO COUNTY ASSESSOR OF SAN DIEGO COUNTY RECORDS WHICH MAPS SHALL GOVERN FOR ALL DETAILS RELATING THERETO. REFERENCE: TRACT NO. 07-04 DOCUMENT NUMBER: 2008-0846151 jWi LLDAN I 4 Financial Services 27368 VIe InduoOI, SeIne 110 TomeSelo, CA 92590 951.087.3500 Phone 961.587.3510 Fee 3208094-17 MAY2010 SHEET I OF I FILED IN THE OFFICE OF THE CITY CLERK OF THE CITY OF CARLSBAD, THIS DAY OF .200. CITY CLERK CITY OF CARLSBAD I I rl Fi 1 I LI 1 I LI I I 1 I 1 I I EXHIBIT 6 LI NOTICE TO BONDHOLDER I I I extending your reach CERTIFIED MAIL WNAWILLDAN Financial Services Dated: May 5, 2010 Stone and Youngberg Attn: Bill Huck 4350 La Jolla Village Drive, Suite 140 San Diego, CA 92122 NOTICE To BOND HOLDER DIVISION OF LAND AND ASSESSMENT NOTICE IS HEREBY GIVEN to you as the original purchaser of the bonds issued by the City of Carlsbad to represent the unpaid assessments relating to the construction of certain public improvements in an assessment district known and designated as: Assessment District No. 2002-01 (Poinsettia Lane East). Said bonds were issued pursuant to the terms and provisions of the "Improvement Bond Act of 1915", Division 10 of the Streets and Highways Code of the State of California. NOTICE IS HEREBY GIVEN that an apportionment has been made by the property owner of a assessment relating to the assessments and parcels as indicated by the enclosed report. NOTICE IS HEREBY GIVEN that unless a request for a public hearing is received within fourteen (14) days from the date of this Notice, the above-apportioned assessments shall be recorded in the manner and form as required by law. If you have any further questions, please contact the undersigned at the Office of the Director of Public Works/City Engineer at the following address: Mr. Marshall Plantz Jenifer Storsteen Senior Civil Engineer Willdan Financial Services City of Carlsbad 27368 Via Industria, Suite 110 1635 Faraday Temecula, CA 92590 Carlsbad, CA 92008 (951) 587-3500 This procedure is pursuant to the provisions of Part 10.5 of Division 10 of the Streets and Highways Code of the State of California and the "Improvement Bond Act of 1915". Willdan Financial Services On behalf of the City of Carlsbad Jenifer Storsteen, Analyst District Administration Services Engineering I Geotechnical I Environmental I Sustainability I Financial I Homeland Security 951.587.3500 I 800.755.6864 I fax: 951.587.3510 I 27368 Via Industria, Suite 110, Temecula, CA 92590 I www.willdan.com I I 1 I I I I I I I I I I I I :ii I Li I I Li I I I I I I I I 1 I I I EXHIBIT 7 NOTICE OF AMENDED ASSESSMENT I I I I I I I City Clerk City of Carlsbad County of San Diego State of California RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 NOTICE OF AMENDED ASSESSMENT CITY OF CARLSBAD ASSESSMENT DISTRICT NO. 2002-01 (POINSETTIA LANE EAST) AMENDING ASSESSMENT NO. 1 (CARLSBAD TRACT MAP CT 07-04) Pursuant to the requirements of Section 3114 of the Streets and Highways Code of California, the undersigned City Clerk of the City of Carlsbad, County of San Diego, State of California, hereby gives notice that an amended assessment diagram and assessment were recorded in the office of the Superintendent of Streets of the City of Carlsbad, as provided for in said Section, and relating to the real property more particularly described on that certain amended assessment diagram filed in accordance with said Section on 200_ as document number in Book of Maps of Assessment and Community Facilities Districts at Page in the office of the Recorder of the County of San Diego. Said amended assessment diagram amends the assessment diagram "Assessment District No. 2002- 01 (Poinsettia Lane East)" filed the 5th day of May, 2004 as Document Number 2004-0404503 in the office of said County Recorder in Book 38, Page 37 of Maps of Assessment and Community Facilities Districts. I Reference is made to the amended assessment diagram and assessment roll recorded in the office of said Director of Public Works (Superintendent of Streets) of the Carlsbad for the amount of each of the amended assessments. I Exhibit "A" hereto attached, and by this reference incorporated herein, shows the parcels subject to the amended assessments. I DATED: ,200_ I I I I I I I I EXHIBIT A AMENDED ASSESSMENT ROLL ASSESSMENT DISTRICT 2002-01 (POINSETTIA LANE EAST) BRESSI RANCH; CARLSBAD CT 07-04 CITY OF CARLSBAD SAN DIEGO COUNTY DATE May 5, 2010 PREVIOUS ASSESSMENTS ASSESSMENT ASSESSOR'S PARCEL OWNER OF NO. PARCEL NO. DESCRIPTION RECORD { 1 213-260-01 CARLSBAD TRACT CT 02-15, LOT 16 REAGAN BRIAN J AMENDED ASSESSMENTS ASSESSMENT ASSESSOR'S PARCEL OWNER OF NO. PARCEL NO. DESCRIPTION RECORD 1-1 213-260-01-01 CARLSBAD TRACT CT 07-04, COMMERCIAL UNIT I REAGAN BRIAN J 1-2 213-260-01-02 CARLSBAD TRACT CT 07-04, COMMERCIAL UNIT 2 D PT PROPERTIES L L C 1-3 213-260-01-03 CARLSBAD TRACT CT 07-04, COMMERCIAL UNIT 3 METROPOLITAN SURGERY VENTURE L L C 1-4 213-260-01-04 CARLSBAD TRACT CT 07-04, COMMERCIAL UNIT 4 METROPOLITAN 102 L L C 1-5 213-260-01-05 CARLSBAD TRACT CT 07-04, COMMERCIAL UNIT 5 LEE MICHELLE LEE SHIAOWEI MA 1-6 213-260-01-06 CARLSBAD TRACT CT 07-04, COMMERCIAL UNIT 6 6 PAK L L C 1-7 213-260-01-07 CARLSBAD TRACT CT 07-04, COMMERCIAL UNIT 7 DISCOVERY CHILDRENS DENTISTRY L L C 1-8 213-260-01-08 CARLSBAD TRACT CT 07-04, COMMERCIAL UNIT 8 6 PAK L L C P:\Carlsbad\3208094-1 1\EX A Prepared by Wifidan Financial Services Page 1 of 1 I I CITY OF CARLSBAD V APPORTIONMENT AND AMENDED ASSESSMENT REPORT ASSESSMENT DISTRICT No. 2002-01, (POINSETTIA LANE EAST) AMENDING ASSESSMENT NUMBER 5-40-12 CARLSBAD MINOR SUBDIVISION MS 10-02 MARCH 2011 n I i wl~ WILLDAN i Financial Services I Corporate Office: 27368 Via Industria Suite 110 Temecula, CA 92590 Tel: (951) 587-3500 Tel: (800) 755-MUNI (6864) Fax: (951) 587-3510 Regional Office Locations: Oakland, CA Sacramento, CA Phoenix, AZ Orlando, FL 1 I I I I] TABLE OF CONTENTS METHOD OF SPREAD.............................................................................EXHIBIT 1 REVISED SPREAD AMENDING ASSESSMENTS ..................................EXHIBIT 2 CARLSBAD MINOR SUBDIVISION MS 10-02 AND CONDO PLAN .......EXHIBIT 3 ASSESSORS PARCEL MAP...................................................................EXHIBIT 4 AMENDED ASSESSMENT DIAGRAM ....................................................EXHIBIT 5 NOTICE TO BONDHOLDER....................................................................EXHIBIT 6 NOTICE OF AMENDED ASSESSMENT..................................................EXHIBIT 7 I I ii I 'I I Purpose (Please check one) Subdivision Map No.: )< Parcel Map No.: Lot Line Adjustment No.: Parcel Map Waiver No,: Number of new parcels: IF&(CQ: /'/coi4a 0,71't5 [1 1 APPLICATION ASSESSMENT APPORTIONMENT E-20 Develooment Services Engineering Department 1635 Faraday Avenue 760-602-2750 www.carlsbadca.gov I Please complete the application in full. Refer to the attached instructions for assistance, Return completed form to: CITY OF CARLSBAD Development Services Engineering Counter 1635 Faraday Avenue Carlsbad, CA 92008 /S'ei V'1 6i,',z1c Owne/Engineer Phone Number Ct'4X/Omi,?/v,1 4,1r1ii1 O1/2'7ci4/ I /a ;ii/4' Project Description Call the NBS Government Finance Group at (800) 676-7516 for District and/or Project Information Original APN(S) Legal Description Original Assessment Amount(s) ee&la 4w // Fee Schedule Tract Map Apportionment (five or more parcels) per Chapter 2, Section 66426 of the Subdivision Map Act: (See the Fee Schedule attached) Parcel Map Apportionment (four or less parcels) per Chapter 2 Section 66426 of the Subdivision Map Act: (Seethe Fee Schedule attached) The undersigned, being the owner or interested party in property as set forth below, hereby requests the City of Carlsbad to apportion the amount remaining unpaid on the above assessment(s) in accordance with the provisions of Part 10.5 of the Improvement Bond Act of 1915 or Part 5 Chapter 5.6 of the Improvement Act of 1911 and said assessment is to be apportioned to each separate part of the original lot or parcel of land the apportionate part of the amount remaining unpaid on the assessment that would have been levied thereon had the lot or parcel been so divided at the time of the original confirmation of assessment. Applicant's Signature Date IMPORTANT TWO COPIES OF THE FINAL MAP OR ADJUSTMENT PLAT (18" x26" BLUELINE & 8h/z X 11" REDUCTION) MUST BE PROVIDED TO BE USED AS THE BASIS FOR THE AMENDED ASSESSMENT DIAGRAM I E-20 Page 1 of 2 REV 717/09 I I I I I, I I 1 I i I I I I I I EXHIBIT 1 I METHOD OF SPREAD i n L City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 10 i EXHIBIT A METHOD AND FORMULA OF ASSESSMENT SPREAD I Since the improvements are to be funded by the levying of assessments, the Assessment Law requires that assessments be based on the special benefit that the properties receive from the improvements. In addition, the Assessment Law I provides that a parcel's assessment may not exceed the reasonable cost of the proportional special benefit conferred on that parcel. Further, only special benefits are assessable and the local agency levying the assessment must I separate the general benefits from the special benefits. All publicly owned property must be assessed if it specially benefits from the improvements. The Assessment Law does not specify the method or formula that should be I used to apportion the costs to properties in any special assessment district proceedings. The responsibility for recommending an apportionment of the costs to properties, which specially benefit from the improvements rests with the I Assessment Engineer, who is appointed for the purpose of making an analysis of the facts and determining the correct apportionment of the assessment obligation. In order to apportion the assessments to each parcel in direct proportion with the I special benefit which it will receive from the improvements, an in-depth analysis has been completed and is used as the basis for apportioning costs to each property within the Assessment District as explained below. Based upon an analysis of the special benefit to be received by each parcel from the improvements, the Assessment Engineer recommends the apportionment of costs as outlined herein. The final authority and action rests with the City Council after hearing all testimony and evidence presented at a public hearing and the tabulation of the assessment ballots previously mailed to all record owners of property within the Assessment District. Upon the conclusion of the public I hearing, the City Council must make the final determination whether or not the assessment spread has been made in direct proportion to the special benefits be received by each parcel within the Assessment District. Assessment ballot I to tabulation will be finalized at that time and, if a majority of the assessment ballots received prior to the close of the public hearing weighted by assessment amount ' are not opposed to the levy of the assessments, then the City Council may confirm the levy of the assessments. The following sections define and explain the special benefits and general benefits, and set forth the methodology used to apportion the costs of the improvements providing special benefits to each parcel, and confirm that the assessments are reasonable and justified. am The Method of Apportionment I The Assessment District improvements have been assigned into six benefit components; roadway, potable water, recycled water, sewer, dry utilities and I Prepared by Galen N. Peterson March 29, 2004 I City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 11 . incidental expenses. Roadway improvement costs are spread on vehicle average daily trip (ADT) generation. Potable water, sewer and dry utility costs are spread on an equivalent dwelling unit (EDU) basis. Recycled water costs are spread to the roadway and specific parcels based on the amount of recycled water used for the irrigation of each roadway and specific parcel. The incidental expenses have been based on either the actual cost to each component of the improvements or if the incidental costs apply to all such components then to the prorated construction cost of each such component. Because some of the assessor parcel boundaries do not coincide with the Village Planning Areas or Neighborhoods, some initial assessments will be placed in aggregate on multiple assessor parcels until final maps are recorded and the new assessor parcels coincide with the Village Planning Areas or Neighborhoods as applicable. The procedure of identifying and apportioning special benefit to the land uses and parcels has been organized as follows: Identification of Benefit Components A-I Backbone Roadway Improvement Components IS A-2 Backbone Potable Water and Sewer Improvement Components A-3 Backbone Recycled Water Improvement Components I A-4 Backbone Dry Utilities Improvement Components A-5 Incidental Expenses Components Special Benefits General Benefits Proportioning Special Benefits D-1 Land Use Categories D-2 Proportionate Special Benefit of Roadway Improvements D-3 Proportionate Special Benefit of Utility Improvements I D4 Proportioning Formation, Issuance and Financing Costs , I I Prepared by Galen N. Peterson March 29, 2004 I I City of Carlsbad - Assessment District No 2002-01 (Poinsettia Lane East) Page 12 1• E. Proclamations E-1 Assessments Equal to or Less Than the Proportional Special Benefits E-2 Reasonableness and Justification of Assessments I E-3 Future Apportionment A. IDENTIFICATION OF BENEFIT COMPONENTS The improvements to be acquired or constructed by the City from the proceeds of bonds issued for each benefit area of the Assessment District are necessary for development of the Assessment District parcels and are required by the Villages of La Costa (The Greens) and by the Bressi Ranch Master Plans and the conditions of development as set forth in the land use entitlements approved by the City for each benefit area. Without the improvements, the parcels within the Assessment District cannot be developed to their planned ultimate uses pursuant to such land use entitlements. I It is unfeasible and impractical for the parcels to be utilized to their highest and best use without the backbone roadways and utilities that will be funded by the Assessment Distriàt. 10 A-I Backbone Roadway Improvement Components The foremost purpose of the Assessment District is to provide financing for the I backbone road access so the Assessment District parcels can be developed. The most significant and costly improvement is the work associated with the road construction. The road construction has created the ,I need to relocate sewer mains and utilities, re-establish habitat areas, and install landscaping to protect the roadway slopes. The road construction has also created the need to construct storm drains to protect the roadway and to I relocate other facilities and provide mitigation areas that would not have otherwise been necessary if the road was not constructed. The road and - associated costs have been placed into one roadway improvement component I for the purpose of defining the roadway costs and apportioning special benefit. I A percentage of the cost of the backbone recycled water distribution system has been spread in the same manner as the roadway expenses. This portion of the recycled water system improvements will provide an irrigation water system for the roadway landscaping. The roadway improvement component includes: Poinsettia Lane, El Fuerte, El Camino Real, relocation of utilities, establishment of habitat mitigation I areas, and a portion of the recycled water system to serve the roadway - landscaping. I Prepared by Galen N. Peterson March 29, 2004 I i City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 13 16 I. 1 A-2 Backbone Potable Water and Sewer Improvement Components Coincidental to the roadway improvements is the necessity to construct certain backbone utility improvements within the roadway right of way concurrently with construction of the roadway improvements. These improvements confer a different special benefit to the properties than the special benefit conferred by the roadway improvements. Therefore potable water and sewer (other than relocated facilities for the roadway costs) have been separated into wet utility components for purposes of defining special benefits and allocating the costs of such components. A-3 Backbone Recycled Water Improvement Components Coincidental to the roadway improvements is the necessity to construct certain backbone recycled water improvements within the roadway right of way concurrently with construction of the roadway improvements. A percentage of these improvements confer a different special benefit to the properties than the special benefit conferred by the roadway improvements based on where the recycled water will be used. The recycled water facilities have been separated into a separate component for purposes of defining special benefits and allocating the costs of such components. A-4 Backbone Dry Utilities Improvement Components Coincidental to the roadway improvements is the necessity to construct certain backbone dry utility improvements within the roadway right of way concurrently with construction of the roadway improvements. These improvements confer a different special benefit to the properties than the special benefit conferred by the roadway improvements. Therefore the dry utilities have been separated into a separate component for purposes of defining special benefits and allocating the costs of such components. A -5 Incidental Expense Components In addition to the improvement costs, there are incidental construction administration and Assessment District formation expenses. These costs include, but are not limited to: construction administration, construction supervision, design, testing, surveying, assessment engineering, audit of acquisition costs, financial advisors, appraisals, bond counsel, underwriting, official statement printing, financing cost and establishment of a bond reserve fund. The costs of the formation of the Assessment, District, including the costs of issuance, have been determined to be eligible for inclusion and are included in the Assessment District incidental costs. Some of these costs can be assigned directly to one of the benefit components as shown in Appendix "E". Other costs that cannot be assigned directly to one of the benefit LI I. I Prepared by Galen N. Peterson March 29, 2004 I I City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 14 I. components have been prorated to each assessment number in accordance with that assessment number's share of the construction cost. B. SPECIAL BENEFITS The purpose of this Assessment District is to fund the construction and acquisition of public improvements required to serve the Assessment District parcels. Special benefit is received by each parcel within the boundaries of the Assessment District from new roadway access and the availability of utility services that are required and necessary for the properties to develop to their highest and best use in accordance with and as permitted by the approved land use entitlements. H The improvements to be constructed and/or acquired by the District accommodate the planned development within the Assessment District area in accordance with the approved land use entitlements. The Villages of La Costa (The Greens) and the Bressi Ranch Specific Plan environmental documents and the. Tentative Map identify the need for access and utilities, and place conditions upon the parcels within the Assessment District to provide those improvements. The Assessment District Improvements satisfy the conditions of development by providing access and backbone utilities so the projects can support their planned uses. Without the improvements, the parcels within the Assessment District could not be developed to their planned and conditionally approved uses. The special benefit conferred on the parcels within the Assessment District from the proposed improvements include: increased development potential, relief from access constraints, improved accessibility to utilities, fulfillment of development conditions and ensured investment returns. The special benefit to each parcel is such that the parcels will be allowed to gain access to a public street network and have water, sewer, recycled water and dry utilities readily available, thereby allowing them to develop to their highest potential. Special benefit accrues to each parcel to be subdivided and served by the improvements to be constructed. Since some of the areas within the Assessment District have not been subdivided into individual lots at this time, the assessments will be placed in aggregate on one or more existing assessor parcels and apportionment of the assessments will take place as final maps record. C. GENERAL BENEFITS Some public improvements will confer general benefit to properties or the public at large outside the Assessment District. In making an analysis, a review was conducted of the surrounding areas. The review resulted in identifying general benefits that accrued to properties outside the Assessment District. I I. I I [1 I. I I Prepared by Galen N. Peterson . March 29, 2004 n I City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 15 I. I Poinsettia Lane is designated as a prime arterial roadway. Previously, Poinsettia Lane did not exist east of El Camino Real. Four lanes are proposed to be constructed. Two lanes are required to serve the estimated volume of traffic generated by the Assessment District parcels. Two center lanes (one in each direction) are required for through traffic originating outside of the Assessment District. The costs associated with the construction and placement of the asphalt and base for the two center lanes have been determined to be a general benefit and will not be assessed to parcels within the Assessment District. El Fuerte Street is designated as a secondary arterial roadway and will be I constructed from Palomar Airport Road south to connect to the existing terminus of El Fuerte Street at the southerly boundary of Bressi Ranch. Four lanes are proposed to be constructed. Two lanes are required to serve the estimated I volume of traffic generated by the Assessment District parcels. Two center lanes (one in each direction) are required for through traffic originating outside of the Assessment District. The costs associated with the construction and I placement of the asphalt and base for the two center lanes have been determined to be a general benefit and will not be assessed to parcels within the Assessment District. I Based on the estimated roadway construction costs, the cost of the roadway base and asphalt pavement to provide the two center lanes for both Poinsettia Lane and El Fuerte Street is approximately $968,360. The grading beneath I the two center lanes of each roadway benefits the Assessment District because it provides lateral support to the Assessment District paved lanes. This grading can not be eliminated from the overall roadway grading without I constructing retaining walls that would unreasonably increase the Assessment District cast. Therefore all of the Poinsettia Lane and El Fuerte Street grading • provides special benefit to the Assessment District Properties. D. PROPORTIONING SPECIAL BENEFITS I D-1 Land Use Categories The following land use categories are included in the Assessment District: planned industrial, business park, community retail, office, single-family detached and single-family attached residential, apartments (affordable housing), assisted living, daycare center, boys and girls club, church, school, home owners association recreation areas, park and open space. Except for the irrigated areas in Assessment Numbers 17 and 39 I (Village Green OS-2 and open space lot 34), the non-active and undeveloped open space areas do not receive special benefit from the works of improvements and will not be assessed. Open space areas are I those areas that are deeded or perpetually designated in easements. I Prepared by Galen N. Peterson March 29, 2004 I 1 City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 16 I. D-2 Proportionate Special Benefit of Roadway Improvements Trip Generation Factors for Roadway Improvements The use of and need for roadway improvements is a function of the number of vehicle trips per day generated by the use of the land served by the streets. Traffic engineers have developed traffic generation factors, which are related to development density and type of land use. Therefore, trip generation is an appropriate basis for apportioning roadway improvements and related costs among the specially benefited parcels. The trip generation factors will be estimated from the July 1998, SANDAG Trip Generation Manual and weighted as explained below. SANDAG categorizes trips as primary, diverted and pass-by. This analysis uses only the primary trip percentages for the non-residential land use categories to avoid double counting of the residential trips. Single Family Detached Trip Generation I The Average Daily Trips (ADT) per detached single-family dwelling is 10 ADT. The Assessment District single-family dwelling product types are similar to the SANDAG study areas. 10 Single Family Attached Trip Generation The Average Daily Trips per attached dwelling unit or for a condominium I unit is 8 ADT. Affordable Housina (Bressi Ranch) Triø Generation I The Average Daily Trips for each affordable housing unit, based on the formula in footnote R of the 1998 SANDAG Trip Generation Manual, is 6.4ADT (-2.169 Ln(100 units/5.13 ac) + 12.85). I Apartment Affordable Housing (Greens) Trip Generation The Average Daily Trips for each affordable housing unit, based on the I 1998 SANDAG Trip Generation Manual for apartments, is 6 ADT. Assisted Living Trip Generation I The Average Daily Trips for each assisted living room, based on 1998 SANDAG Trip Generation Manual for congregate care facility, is 2 ADT. I Industrial Trip Generation The Average Daily Trips for industrial park is 80 ADT per net acre. The primary trip percentage for industrial park is 79%. 1•, I Prepared by Galen N. Peterson March 29, 2004 Ii I I City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 17 Community Retail Trip Generation I The Average Daily Trips for commercial shops - specialty retail/strip commercial is 40 ADT per 1,000 square feet. The primary trip - percentage for this land use is 45%. N Office Trip Generation The Average Daily Trips for corporate headquarters office is 7 ADT per 1 1,000 square feet. The primary trip percentage for this land use is 82%. School Trip Generation I The Average Daily Trips for an elementary school is 60 ADT per net acre. The primary trip percentage for an elementary school site is 57%. I Church Trip Generation The Average Daily Trips for a church is 30 ADT per net acre. The primary trip percentage for a church site is 64%. 1 Day Care Trip Generation The Average Daily Trips rates for day care use is 80 ADT per 1,000 I square feet. The Floor Area Ratio for the day care sites is estimated at 0.1 of building per net land area. Therefore, the 80 ADT per 1,000 square feet is equivalent to approximately 348 ADT per net acre (80 I times 43,560/1,000 times 0.1). The primary trip percentage for a day care is 28%. I Boys & Girls Club Trip Generation The Average Daily Trips for a multi-purpose recreational facility is 90 ADT per net acre. The primary trip percentage for this land use is 52%. I Home Owners Association Recreation Areas Trip Generation The Average Daily Trips generation for the home owner's association I (HOA) recreation areas, which is equivalent to a neighborhood park, is 5 ADT per net acre. In order to avoid double counting the residential trips, the primary trip percentage used for external trips is 25%. The I HOA lots 47, 48 and 49 within Benefit Area No. 2 were assigned 10, 2.8 and 1.9 ADT per site, respectively. The three HOA areas in Planning Areas 9, 10 and 12 and the Village Green area (OS-2) within Benefit Area No. I were assigned 13.9 ADT. The Village Square area in I Planning Area 15 within Benefit Area No. 1 was assigned 2.5 ADT. I Park Trip Generation The Average Daily Trips generation for a regional park is 20 ADT per net acre. The primary trip percentage for a regional park is 66%. I, I Prepared by Galen N. Peterson March 29, 2004 I City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 18 Weighted Benefit by Land Use for Roadway Improvements The geographic concentration and placement of major land uses (residential, commercial retail and office, and industrial) within the Assessment District boundaries indicates that their impact on, hence their special benefits from, the roadway improvements are not uniform and should be weighted. The results of a study performed by Urban Systems, Inc. shown at the end of Appendix UF indicates that the relative weighting for industrial and commercial land use compared to residential land uses on each roadway improvements is as follows: Road Relative Benefit Industrial Commercial Residential and Other Poinsettia Lane 0.4 0.7 1.0 El Fuerte 0.2 0.8 1.0 El Camino Real 0.6 0.5 1.0 These weights were applied to the ADT generation factors discussed above in order to arrive at an allocable share for each of the three roadway improvement costs. The costs for each of the roadway improvements were allocated only to the assessment numbers that specially benefit from such roadway improvements as set forth below: Poinsettia Lane - Poinsettia Lane roadway costs specially benefit all assessment numbers in the Assessment District. Therefore, Poinsettia Lane roadway costs were allocated to all assessment numbers based on the ADT generation factors and weighting applicable to Poinsettia Lane. 1• I I I H LI I. I I I I El Fuerte - El Fuerte roadway costs specially benefit only assessment numbers 1 through 21. Therefore, El Fuerte roadway costs were allocated only to assessment numbers 1 through 21 based on the ADT generation factors and weighting applicable to El Fuerte. El Camino Real (Bressi Ranch portion) - El Camino Real (Bressi Ranch I portion) roadway costs specially benefit only assessment numbers 1 through 21. Therefore, El Camino Real (Bressi Ranch portion) roadway costs were allocated only to assessment numbers 1 through 21 based on the ADT I generation factors and weighting applicable to El Camino Real (Bressi Ranch portion). I. I El Camino Real (Greens portion) - El Camino Real (Greens portion) roadway costs specially benefit only assessment numbers 22 through 39. Prepared by Galen N. Peterson March 29, 2004 Land Use Potable Water and Sewer Usage Single Family Detached 550 gallons I day Single Family Attached 250 gallons / day Non Residential 2,300 gallons /10,000 SF /day 1 FrT E City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 19 Therefore, El Camino Real (Greens portion) roadway costs were allocated I only to assessment numbers 22 through 39 based on the AOl generation factors and weighting applicable to El Camino Real (Greens portion). I D-3 Proportionate Special Benefit of Utility Improvements The most pertinent and reasonable utility improvement special benefit variable is average daily demand. The detached single family home will be the basic equivalence for measuring demand to other land use categories. Potable Water and Sewer Water and sewer demand was obtained from the 2002 update of the City of Carlsbad Water Master Plan. A summary of the water and sewer usage is shown below: I I [1 Li I I A single family detached unit has been assigned an equivalent dwelling unit (EDU) weight of 1.0 EDU. By converting the gallons per day to EDU we arrive at the following table: Land Use Potable Water and Sewer EDU Single Family Detached 1.0 EDU / Unit Single Family Attached 0.5 EDU I Unit Non Residential 4.2 EDU /10,000 SF I I. I The City of Carlsbad Water Master Plan estimates water demand for park as 2.5 acre-foot per acre per year. This translates to 2,230 gallons per acre per day (2.5 x 43,560 x 7.48/365). Potable water demand for park is estimated as 10% of the demand for recycled water for irrigation, resulting in 0.4 EDU per acre (0.1 x 2,230/550) of parkland. Prepared by Galen N. Peterson March 29, 2004 fl I I I City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 20 • Homeowner association (HOA) lots water usage was estimated based on I the characteristics of the parcels and their expected land use. The HOA lots 47, 48 and 49 within Benefit Area No. 2 were assigned 2.41, 2.08 and 1.43 EDU per site, respectively. The three HOA areas in Planning I Areas 9, 10 and 12 and the Village Green area (OS-2) within Benefit Area No, I were assigned 3.8 EDU. The Village Square area in I Planning Area 15 within Benefit Area No. 1 was assigned 1.0 EDU. The Assessment Diagram identifies two benefit zones for sewer improvements. Sewer Zone A includes all of the Assessment District parcels I . that benefit from the sewer improvements. Sewer Zone B includes the remaining Assessment District parcels that do not benefit from the sewer improvements. I The water and sewer costs for new facilities (sewer relocation related to the construction of the road was allocated with the street costs) related I to each street segment were allocated only to the assessment numbers that specially benefit from such water and sewer costs as set forth below: I Poinsettia Lane Segment I - Poinsettia Lane Segment I water costs specially benefit only assessment numbers 22 through 39. Therefore, I Poinsettia Lane Segment I water costs were allocated only to assessment numbers 22 through 39 based on the applicable EDU factors. I Poinsettia Lane Segment 2— Poinsettia Lane Segment 2 water costs specially benefit only assessment numbers 1 through 21. Therefore, Poinsettia Lane Segment 2 water costs were allocated only to assessment I numbers I through 21 based on the applicable EDU factors. El Fuerte - El Fuerte water costs specially benefit only assessment numbers I I through 21. Therefore, El Fuerte water costs were allocated only to assessment numbers 1 through 21 based on the applicable EDU factors. I El Camino Real (Bressi Ranch portion) - El Camino Real (Bressi Ranch portion) water costs specially benefit only assessment numbers 1 through 21. Therefore, El Camino Real (Bressi Ranch portion) water costs were I allocated only to assessment numbers 1 through 21 based on the applicable EDU factors. I El Camino Real (Greens portion) - El Camino Real (Greens portion) water costs specially benefit only assessment numbers 22 through 39. Therefore, El Camino Real (Greens portion) water costs were allocated only to I assessment numbers 22 through 39 based on the applicable EDU factors. I Prepared by Galen N. Peterson March 29, 2004 I City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 21 Sewer costs benefit only assessment numbers in Sewer Zone A, as shown I on the Assessment Diagram. Therefore, sewer costs for each road segment were allocated to the respective assessment numbers that the water was allocated to, but only to parcels within Sewer Zone A based on the applicable I EDU factors. There was no assessment for sewer costs to the assessment numbers in Sewer Zone B, as shown on the Assessment Diagram. I Summary of Special Benefit Factors I I I I I. I I I III I Roadway Improvements Utilities Land Use Category Primary Trip Adjusted ADT % Applied 1 ADT EDUs Single Family DU - 10/ DU 1.0 / DU Detached Single Family 8/DU - 8/ DU 0.5 / DU Attached Affordable Housing 6.4 / DU - 6.4 I DU 0.5 I DU (Bressi Ranch) Apartment (Affordable 6/ DU - 6/ DU 0.5 / DU Housing) Assisted Living 2 / Room - 2 / Room 4.2 / 10ksf Industrial 80/AC 79% 63/AC 4.2/ 10ksf Community Retail 40/1,000 45% 18/1,000 42/l0ksf SF SF Office 7/11000SF 82% 6/1,000SF 4.2/1Oksf School 60 /AC 57% 34 / AC 4.2 / 10ksf Church 30 /AC 64% 19/AC 4.2 / 10ksf Day Care 80/ 1,000 SF 28% 97.4 / AC 4.2 / l0ksf Boys & Girls Club 90 / AC 52% 47/AC 4.2 / 10ksf Homeowners 5/AC 25% 1.25 I AC 4.2 / 10ksf Association Rec Areas and per site and per site - Community (Regional) 20 /AC 66% 13 I AC 0.4 / AC Park 1. Primary Trips are defined by SANDAG as "one trip directly between origin and primary I destination." I. I Prepared by Galen N. Peterson March 29, 2004 I City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 22 Recycled Water The recycled water system located within the public right-of-way will provide irrigation water to (I) medians, parkways, and adjacent roadway slopes (in and adjacent to the public streets and public easements) (ii) landscaped slopes and pocket parks within the home owners association open space I areas (iii) landscaped areas of the public park (iv) landscaped areas of the school (v) landscaped areas of the private school and (vi) landscaped areas of the industrial section. The recycled water system specially benefits only the six categories stated above. Therefore, the recycled water system costs were allocated only to I the irrigated area of these six categories. The percentage of area in each category, determined from the total area in all six categories, was multiplied times the cost of the recycled water system to arrive at the cost to be applied I to each category. The resulting recycled water system cost for the first category was added to the cost for the roadways and spread to all of the assessment numbers that specially benefit from the roadways. The resulting I .recycled water system cost for the second category was spread to all of the residential units within the homeowners association that specially benefits from the open space areas. The resulting recycled water system cost for the l last four categories was spread to the assessment numbers that correspond ie to those areas. I Dry Utilities The demand for dry utilities is considered to be similar to the factors I used for water and sewer as shown above. The dry utilities costs (limited by the Internal Revenue Service to five percent of the bond issue amount in order for the bonds to qualify for tax-exempt status) were allocated based on I EDU factors using the same methodology and, except as noted below, the same factors as were used in allocating water costs. I Due to the unique characteristics of the home owner association lots, the following dry utilities EDU factors were used for these lots: The HOA lots 47,48 and 49 within Benefit Area No. 2 were assigned 1.5, 0.3 and 0.3 I EDU per site, respectively. The three HOA areas in Planning Areas 9, 10 and 12 and the Village Green area (OS-2) within Benefit Area No. I were assigned 2.4 EDU. The Village Square area in Planning Area 15 I within Benefit Area No. 1 was assigned 1.0 EDU. D-4 Proportioning Formation, Issuance and Financing Costs The costs to form this Assessment District, including the costs of issuance, have been determined to be eligible for inclusion in the Assessment District I 1 Prepared by Galen N. Peterson March 29, 2004 I City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 23 funding. Some of the incidental costs can be assigned directly to one of the I benefit components as shown in Appendix "E". These costs that cannot be assigned directly to any one of the benefit components and therefore have been separated into a separate component for purposes of defining special I benefits and allocating costs on a pro-rata basis relative to the improvement costs associated with each parcel as shown in Table 1 of Appendix F. The financing costs (bond discount and bond reserve), I including capitalized interest, have also been assessed on a pro-rata basis relative to the improvement costs associated with each parcel. I E. PROCLAMATIONS El Assessments are equal to or less than the proportional special I benefit each parcel receives The special benefit received from the Assessment District improvements I exceeds the assessment allocated to each parcel. The improvements provided will increase the value of each parcel by more than the assessment levied upon it. To ensure that the assessments will be equal to or less than the ' proportional special benefit conferred, a review was made of similar properties in the vicinity. Comparison of recent sales records indicated that the average price per square foot of raw land increased in an amount greater I .than the costs of the assessments per square foot after backbone roadway and utility improvements were in place. E-2 Reasonableness and Justification of Assessments It is well known and understood by the development community that public I infrastructure is required for raw land to develop to its highest and best use. After the passage of Proposition 13 and Assembly Bill 1600, developers and investors realize that they must provide the public infrastructure to I support their developments without burdening existing properties. The Assessment District improvements are estimated to add 7% or more value to each parcel's overall value. A review of other developments has shown that this percentage is consistent with the costs of providing backbone I access and utilities to raw land in similar developments. Therefore this Assessment levy is reasonable in relationship to the added value the I improvements provide to the parcels. E-3 Future Apportionment of Special Benefit 1 Special benefit will accrue to each parcel created by the subdivision of the property within the Assessment District. Since certain existing parcels within the Assessment District will not, at the time of formation of the Assessment I District, have been subdivided into final lots, the initial assessments established at the time of formation of the Assessment District will be placed I Prepared by Galen N. Peterson March 29, 2004 I City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 24 1 • in the aggregate on the assessors parcels existing at the time of formation of the Assessment District. An assessment levied on a parcel existing at the time of formation of the Assessment District will be apportioned among those I parcels created by the subsequent subdivision of such existing parcel. Assessments apportioned to any parcel created by the subdivision of an existing parcel which is to be owned by a public agency (each, a "Public I Parcel") or a non-profit 501(c)(3) organization (each, a "501(c)(3) Parcel") or a home owners association (each, an "HOA Parcel") must be paid off in full prior to the recordation of the final subdivision map creating such Public I . Parcel or 501 (c)(3) Parcel or HOA Parcel or contributed by the Developer as a reduced purchase price for improvements to be acquired pursuant to the Acquisition/Financing Agreement. The City shall not provide to the owner or I subdivider of such existing parcel a certificate as required by Government Code Section 66493(f) for any subdivision certifying that the City Council has determined that provision has been made for the segregation of the I responsibility of each of the proposed new parcels for a portion of the assessment unless payment in full of the assessments apportioned to all Public Parcels, 501(c)(3) Parcels and HOA Parcels created by such I subdivision has been received by the City or otherwise contributed as described above. I It is the City of Carlsbad's policy that final lots that receive similar special benefit also have similar final assessments. If the future subdivision of any planning area does not yield the estimated number of dwelling units, the City reserves the right to require upon application of assessment reapportionment, I that a portion of the outstanding assessment be paid by the property owners to ensure that the assessments remain consistent within and between the planning areas as further provided in the Acquisition/Financing I Agreement. All reapportionments will be subject to City of Carlsbad policies and procedures. I FINDINGS AND DETERMINATIONS OF ASSESSMENT ENGINEER I The undersigned, Galen N. Peterson, hereby finds and determine as follows: The proportionate special benefit derived by each parcel proposed to be I assessed has been determined in relationship to the entirety of the costs of the improvements to be funded from the proceeds of the bonds issued for the Assessment District and the cash collections. I No assessment is proposed to be imposed on any parcel, which exceeds the reasonable cost of the proportional special benefit conferred on that parcel. I Prepared by Galen N. Peterson March 29, 2004 City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 25 1 • C. Only special benefits have been assessed. D. Parcels within the Assessment District that are owned or used by any I . agency, the State of California or the United States and which receive a special benefit from the improvements have been assessed accordingly. I In conclusion, it is my opinion that the assessments for the referenced Assessment District have been spread in direct accordance with the estimated special benefits that each parcel receives from the improvements. I Dated: day of /14kc,q ,200- I AN. PEZON? R.C.E. No. 18,364 (Expires 06/2005) ' ASSESSMENT ENGINEER CITY OF CARLSBAD SAN DIEGO COUNTY STATE OF CALIFORNIA I I I I I I I, I Prepared by Galen N. Peterson March 29, 2004 I I I I City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 26 I. I I, LORRAINE M. WOOD, CITY CLERK of the CITY OF CARLSBAD, CALIFORNIA do hereby certify that the foregoing Assessment, together with the Diagram attached thereto, was filed in my office on the /_7 day of 200*. CITY OF CARLSBAD STATE OF CALIFORNIA I, LORRAINE M. WOOD, CITY CLERK of the CITY OF CARLSBAD, CALIFORNIA do hereby certify that the foregoing Assessment, together with the Diagram attached thereto, was preliminarily approved by the City Council of the CITY OF CARLSBAD, CALIFORNIA, on the/ 7day of/',leu4,&)' 200k. CITY OF CARLSBAD STATE OF CALIFORNIA I Li I I I is I I, LORRAINE M WOOD, CITY CALIFORNIA do hereby certify that the Diagram attached thereto, w Council of said City c n the 200 CLERK of the CITY OF the foregoing Assessment, s approved and confirmed day of CARLSBAD, together with by the City I I CITY CLERK CITY OF CARLSBAD STATE OF CALIFORNIA I, GLENN PRUIM, Superintendent of Streets / City Engineer of the CITY OF CARLSBAD, CALIFORNIA do hereby certify tt at the foregoing Assessment, together with the Diagram attached thereto, ,as filed in my office on the I day of , 200_ I I. I SUPERINTENDENT OF STREETS /CITY ENGINEER CITY OF CARLSBAD STATE OF CALIFORNIA I Prepared by Galen N. Peterson March 29, 2004 I I I I I I I I I 1 I I I I I I I EXHIBIT 2 I REVISED SPREAD AMENDING ASSESSMENTS I REVISED SPREAD AMENDING ASSESSMENTS ASSESSMENT DISTRICT 2002-01 (POINSETTIA LANE EAST) BRESSI RANCH; CARLSBAD MINOR SUBDIVISION MS 10-02 CITY OF CARLSBAD SAN DIEGO COUNTY DATE March 14, 2011 PREVIOUS ASSESSMENTS ASSESSMENT ASSESSOR'S PARCEL PARCEL BONDED ASSESSMENT OWNER OF NO. PARCEL NO. DESCRIPTION ACREAGE LIEN LIEN RECORD 5-40-12 213-300-12 CARLSBAD CT 05-07 LOT 12 0.36 $63,740.17 $73,130.64 KELLY CAPITAL GROUP INC TOTAL 0.36 $73,130.64 AMENDED ASSESSMENTS (1) ASSESSMENT ASSESSOR'S PARCEL BUILDING BONDED ASSESSMENT OWNER OF NO. PARCEL NO. DESCRIPTION SQUARE FOOTAGE (2) LIEN LIEN RECORD 5-40-12-1 UNASSIGNED CARLSBAD MS 10-02, PARCEL 1, COMMERCIAL UNIT 101 3,556 $18,808.00 $21,578.87 KELLY CAPITAL GROUP INC 5-40_12-2 UNASSIGNED CARLSBAD MS 10-02, PARCEL 1, COMMERCIAL UNIT 102 1,949 $10,309.17 $11,827.96 KELLY CAPITAL GROUP INC 5_40-12-3 UNASSIGNED CARLSBAD MS 10-02, PARCEL 1, COMMERCIAL UNIT 103 1,050 $5,550.94 $6,368.73 KELLY CAPITAL GROUP INC 5-40-12-4 UNASSIGNED CARLSBAD MS 10-02, PARCEL 1, COMMERCIAL UNIT 104 5,497 $29,072.06 $33,355.08 KELLY CAPITAL GROUP INC TOTALS Per the Engineer's Report, this spread of assessments is based on building square feet for commercial property. Bulding square footages provided by City of Carlsbad. 12,052 $63,740.17 $73,130.64 Total Assessments $63,740.17 $73,130.64 Assessable Net Bldg. Sq. Footage 12,052 12,052 Assessment / Sq Ft $5.29 $6.07 P:\Csrlsbsd\3208094-li5f S 10.02 Prepared by Wilidan Financial Services Page 1 of 1 I I I fl I I Ll I I EXHIBIT 3 I CARLSBAD MINOR SUBDIVISION MS 10-02 AND CONDO PLAN I PU! b I W pill ,I NO it 11~~ 0 I i I co I IQ b tS It L1; !!d U !fl - \J I-.. PIN I5 I -147 WE (r I I I I I I 1 I I I I I 1 P kJ h Raj ® . . I III•i I I v\1 — r I--- INV Nit — !flh i\ Ø51 I] I I 1 I I ii i I P 1• I RECORDING REQUESTED BY: 1 FIDELITY NATIONAL TITLE INSURANCE Co. DOCtI 2011-0018348 1111101 011110 11111011101111111111111011111111111111111 liii III JAN 11,2011 8:00 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenbu:g, Jr., COUNTY RECORDER FEES: 57.00 PAGES: 15 1111111 11111 1111111111 011111111 11111 1111111111 11111 IIDI 11111 11111 IllIllIllI I liii WHEN RECORDED MAIL TO: • I St Croix Capital Corp. 406 Ninth Ave. ORDER NO. 259922465-jg (SPACE ABOVE THIS LINE FOR RECORDERS USE 1 BUILDING L CONDOMINIUM PLAN I OWNER'S CERTIFICATE I We, the undersigned, being all the record owners of, and recorded holders of security interest in, the real property described in the documents hereinafter mentioned, do hereby certify that: We hereby consent to the recordation of the plan of condominium pursuant to Chapter 1, Title 6, Part, $ Division Second, California Civil Code, Section 1351(e), consisting of (1) the description or survey map Of the surface of the land included within the project, as described on survey maps that are set forth upon or constituted by the Subdivision Map Act, of Parcel 1, of Carlsbad Minor Subdivision MB 10-02, I in the City of Carlsbad, County of San Diego, State of California, according to Parcel Map thereof No. 20837, filed in the Office of the County Recorder of said County, and which subdivision map is hereby referenced herein, the diagrammatic floor plans attached hereto and made a part hereof, and this AL certificate. I THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (ADDITIONAL RECORDING FEE APPLIES) E I I I'. I State of California I County of _c2i7fl J Onlfl. 3 .O/O before me, AQ'j-/a 4/do d A/Q r,LP 6/i c - "M WSW Na, em TRIO the e ci personally appeared I I I woO7 Commluion # Notary Public . Coulomb L San Diego County - Vn.Eq*ee0024201 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/ak subscribed to the within instrument and acknowledged to me that he(sP&e/ttty executed the same in hisIPir authorized capacltyQes), and that by hisflrilt,ir 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. WITNESS my hand and official seal. 1 Signature _(Ti PtaNathry Sial Ab / u d9rc, IaIy Puc I OPTIONAL '( Though the Information below as not required by law, It may prove valuable to parsons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document I Title or Type of Document: (ôn ttivtviuL t?Lt'vi__ Document Dat )ktAifl.._3 .0 111 Number of Pages: I Signer(s) Other a(Named Above: Capacity(ies) Claim d\bY Signer(s) J Signer's Name: Signer's Name:__________________________________ Individual 0 Individual O Corporate Officer —litte(s): O Corporate Officer —Tltbe(s): I TO IN" C] Partner —DUrnited 0 General 0 Attorney In Fact 0 Attorney in Fact Trustee 07rustee TOP b hem Guardian or Conservator 0 Guardian or Conservator 0 Other: 0 Other:________________ Signer Is Representing: Signer Is Representing: 02007 Nc1d SOW RaBc 24.Oa1o,CA 0131&=-WAWkM ftnoom Awdoi CaTdaftwi4M40644V A 817 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT I State of California County of 5cII1O___. 'I On X S?O before me, 1 i1tL,).4iler€.) Dole Hte) Irliorl N0Me'WCVflU6 Of I I personally appeared bOh4 P.rs4-k.. . ________________________________ Nainu(r) of Sierer(e) J -- - who proved to me on the basis of satisfactory evidence to be the person(s)-whose name(e) is/afe-subscribed to the within instrument and acknowledged to me that he/sbe?the executed the same in his/hetheir authorized capacity(ie4, and that by hislhoilthei signature(s-on the instrument the person$ or the entity upon behalf of which the person($-ected, executed the instrument. I certify under PENALTY OF PERJURY under the laws Couu.t 1870455 in of the State of California that the foregoing paragraph is NOT true and correct. NOTARY Pu8UC. CIWCRMIA SM D1tO COUNtY my Cost !!" f WITNESS my hand and official seal. Signature )_Igi" Place No%ary Saul Above SIgnature of Nolnry Pubic OPTIONAL Though the Information below is not requirud by law, it may prove valuable to persons relying on the document and could provont fmudulont romovol and realtachment of this fom to anoihor document. Description of Attached Document Title or Type of Document: ?)pt1d&,1t L Document Date: I 'c.O t Number of Pages: Signer(s) Other Than Named Above: Capacity(ie) Claimed by Signer(s) Signers Name: — - - - -. - Signers Name:_ •. -_____________ U IndMduai L Individual _iCorporate Officer - Title(s): - - C Corporate Officer - Title(s):-- j Partner - Li Limited U General -l'd•i,lIJat:lJ- C Partner —0 Umited 'J General 0 Attorney in Fact _____________ C Attorney in Fact 0 Trustee [up of ttlUfllfl .irue U Trustee op of thumb here D Guardian or Conservator Guardian or Conservator O Other: _____________• UOthor:.__.________________ Signer Is Representing: Signer Is Fepresenting: 02001 NatIonal NM" Maodrdbon. 0350 Do Soft Avft. P.O. Una 2402 hatsworth.CA 0131 I 2402. iNarIoofNctaoi Ibm 0f001 RocrthrCa01iLbl+wn 1-13004P6-6521 ao EGA 9517 GROSSMONTSUMM!FDRIVE IA MESA, CAUFORWL4 91941 P11:(619) 741-9456 FAX.-(619) 6644291 LE4LS I StIEET/ I EGO D/ NOTES I TAB2/L4 lED B.EI'A)7LW PRO EC' T BWNDARY 81//ID/NC LCA TJCW PLAN UNIT CIA (JAM I BUILDING L St/EU I (F 12 CONDOMINIUM PLAN 828 IN 71/EQ Y(FCARL4 STATE OF CAUFC4IMA S/ETT NO, LEGAL DESCRIPTION 1 PARCFI 1 (F CA4O A1LV W&ThV MS 10-i2Z IN 7WQTY(F644O, COWN 6F 2-4 STA FE (F C4LItWvZ4 ACCO?DINC 70 PARC'EL MAP 11/ERE(F Na 2tWZ FiLED hY li/t MROF OF WE CCIJNP( REC(RDIR 5 (FwaEx COUNTY cwNo1eIBER1g2o1a 6 ASSESSOR'S PARCEL NUMBER 213-300-12 7 EM'S STATEAIENT 8-11 IHEREHY STATE 11/AT/AMA UWI.D LAND SURWW OF 17/f STATE OF CAUF(.WNIA AND 77/F PLANS CCNStSFTNC OF 12 StIEETh' C'OVRBflL V .91ON ME BOUNDARY OF WE UN/7S St101W THERECW. NO STRUCTURAL NIAL)S'S OR DEV FEATuRES NOW c/'JV.SVLRED NOR HfRE ANY DE9'6W FEA TURfS REWEHED FOR CWWMCE tWill LOCAL BLOC. OWES 17/REF DhWENStCWAL D/At%4M 12 I DESWflat BUZ AW SI CaYCRE7E IN A STANDARD StJRIfl' 11W CII N7ERL1NE OF El C.4111N0 REAL RE6YDETh C(AW1Y OF 54N DIEGO BENQWARA' LZEVA 11CI. J11.407 BA 1UIt NGII) 29 RUDY P. PAQIECO LS 5717 DATE . 09/301,1 LENDER CGW'6WADO FiRST BANK THE B.4St5 (F 8EAIWGS f 7111$ SJRIf)' IS HE CALifORNIA Comm it SS1FI. NAP &I ZC4VE 4 1991.35 DVX WAS ESTAWJStIED &7lW/ STA1K1V V-2002 AAV ysl&S-41 PER RaS 1727 OWNER/DEVELOPER uj KELLYCAP/TAL GROUP INC. cc 406 9711 A WMC SWE SAN (IECO, CA 92101 (.,nw(EM * A?UIT NAME_ 1'— 2e.. DAlE FI t L AQ \\\ I ii II II I Project site. I PACIFIC \\ âOCEAN .\ cN1Y MAP R IiOTTO4LE I I 1 I BUILDING L CONDOMINIUM PLAN 829 LEGEND BWNDARY LINES (F PRC)XCT - - T1Jf/1tfJjj;i:;j1 (1101-1/704 INau91f I I SIEE72 at 12 I U MO NS AND MOWS- 1. 7HS CCNDOMJN/l/M PLAN IS 84V UPON MOZ CIRTAIN ARQI/FECFURAL PLANS AND IS NOT lilt PRXUCT OF A PH)SM F7flD $ZIf) 2 ALL FitS 70 E1DUN5 ARE AT RIQIT AWIZES FRCIW FilE LhVLS lilA I 771ff JIN 1/MESS 077fERN& iWDICA FE'. ALL £ZtME?IT AND BLIILDWC LINES" IN1ERCT AT iWWT ANQIS IAtE5S O1WERK& /A904 7M .x mis ixwoawMow PLAN is NOT IN1ThVtD 70 MM AS mt 94.gs FTh? mt ISSUANZY IT ANY a.wwc *xwir AND DOES Not CWTAIN OL7AILtD CüVS1MJC71V PLANS OR DETAUS 7IflS CC4VDWU,VUM PLAN AND lilt DWEN9WS '10iIN N1V ARE Nmw 10 C.WA)W 10 CALIFTA?NM Q'WL cmr mcm 1351(e,t na 'x)YDaVP.TUM PLAN CCIITAWS L'MG?A4IMA FJC FL(XW PLANS (F BUILDW66 LV SUFF7CIBIT DETAIL 70 ()UI7FFY £401 LWT, /15 RRA 71W 1X4 7YQV AND AFPRO)JMA FE DIM 19W. 771E LWt7i&IS .9l0W NtREGV ARE NOT IN7EME) 10 BE .2(FF709111)' ACOIRAFF 70 U. F? lilt COIIPU7A17DII (F fl AREA C)? (FAIRWACE IU.LIMEIN ANY C)? ALL $TJOI UN/i! WAND OR MXIF7ED FROM liME 10 liME 4. IF MW IS A COVFZJCT LV FilE LCC4NOV OF AN IMPR0I1MENT .9101W LV HE OE(L4RA11(* 11/IS COVDOV1M'UM PLAN AND/a? a?AND DaD CCVM)INC 51/0/ UM1 lifE 4S-8LUL r LX.4 111W C(W1RS lilt D/MO1CWS LV lWE.. DL4Q?A41S .9/ALL NOT BE U.2V F(.')? MIES fl/RPS lilt)' ARE FD? avWER1WQ (711)' AND MA)' NOT ACCZIRA iii r aLECT HE .JARE FCOTACE (F lilt WI/is USM BY SCWA (1? 911171(5 AP SALES (2? iWMMflhT PLITh2! li Tg'Y r/IT!4. T1/ iyiT ''"'i '11 Z ASSCGA 11W PR(J'ERT) ASA 11W PRCFERFY MEWS AM LW POMA AURTY DESI01A ltD BY lifE DEARAP1T AS A4 77W PR(.FERJY AND 900W MACE SlJB.ECT 70 FilE 151RIC11WS a? A4 11W PRCPERTY ZT FT.)? 1/F IN FilE GOHMM 00(2WEll71 ANY RDERENIIS IN lifE DEOARA 11W 70 AA 11C)V fW(FfRI)' ARE REFtRENCES 10 lYE ASSO(24 11W PRCPERTY AS A UNCLE AND 10 PLWFJCWS' 1Wt7?E(F 1/FE AY)/A 77W PRCFERTY WHO lilt FROICT .9/ALL INWJDE ANY COMM UI/LIlY LII900 LCL4 lED Nfl/FIN A UNIT (P ANY 011/ER PCWFI(J1 Or 7/FE PROEC1 lilt CWMOV UFF!JFY R0(JI L00A lED WiN/N lilt MUM ALL S1RUC17JRAL CClWø1lS (F lifE BUILDNC AS NEU AS OEML9NG WALLS (Z4VS7RfJC1ED 10 DIWDE W177CLWS LWS LD/LR .PARA it 0WW9?9IP, AND ALL 011/ER PLW11WS (F lYE PRAICT EXI2WTAWQ FilE LW/iS AND FIlE OMW AREA. lilt ASS(X2A 11W A?CFERTY WiN/N lilt PROECT .91411 F7JRFNER sawi E4.ME7l1S AND RERVA 11W5 F FilE S&'lffFT CF lifE ASA Pa? OWR lilt REAL PRERTY WI//IN lilt P80(CT AS SET FIRiN IN lYE DECLARA 71CW AA 17W A?(F9?TY is VMW AREA' AS 11/4T 1ERW IS OETh'.W IN MUM 1J51(8) (F WE CAL/F0(#I/A OWL CME 8 BUAWW DIE StILlING MEWS WE &WCLE-SFTh?Y NW-RESJDtIIJZAL WIDWO (St/I NOT lilt WillS) L00A FED av lilt PROICT AND ALL AIVIFJCWS AL lENA F7W REPLACLMENFS AND M(XlCA FlOWS' 7HFJIE/0 FR(JW lIME 717 lIME I I 1' I LI I U I I, BUILDING L CONDOMINIUM PLAN 830 1EE73F 12 N07ES MD L'EFiNi11VS (cav7 9. CWMCW AREk COMUCW AREA MEAMS 1H4 I (ZRTNN I4ZUW OF A"ALYMMM AS WMCW AREA • IN mt VCW1AUW PLAN UPCêV 1HE FiRST ( CF £50W OF A CY%VOVW WiN/N HE PR01C1 flit CZWI(1V AREA DESc71A lID a'i HE COVDOIIIMUM RAN .9MLL BE OWIW BY 1HE O*VERS (F ALL_COVDC1IIIMLWS AS 7EJsAN S-IN-CWMCW UNL(SS OPIERU& £kWL r T FtW1N OlH17W ANY 1&FB?1NS IN 1111$ DEG.ARA 716V 10 CVWMCW A(*A ARE A9UWM 10 WE (XJWMV A4 AS A WIIZE AND 10 PWRaW P11(F (VMC)V A4 CYIVSII7LJ1ES REAL PR(.FIRTY 11110/N lh%V1I'IDEJ) IN7ERESTS AS REWi?ID LWDR .2C110V 1351(F) C1V FilE CAUFa?NIA OWL CXL NE LA 7ER4L BCIJNDAR!EY (F iRE CWMCW AREA ARE lilt If7?11CAL EX1UL9(I1S (F 1RE LA FERAL BGJNDARES (F PIE UN/iS IN PIE SLULDING. ra COMMa? WJL/fl' RV.- COswv U7117Y RrXIW .2/ALL MEAN NA Jr PVl(W OF FilE AS9Z7A 11V AWRTY L4 1W W1HIN PE BLULDWG AISD 7MWO1 UNIT 104 WhO! 5 L'tYQ1A 117) AS lYE (XiIM(IV UFFIJTY RON 1W lilt CY1DOIZW FLAW AFRft24&E FHERElT) WE COMM UF1LF7'f ROW IS PART (F flit A4 11V PR7flX £401 O*ER (F A COVOW1NILW 9/ALL HA If A Nav-ExaUgIf RIOIT 10 U.2 THE CWMOV I/ill/TV RYXJV ID? PL'O.S OF MNNTAJMNC EZECFRICAL MEFERS AND O1Hfl' U771ITV AND/a? 7RECOIWUMC1111WS LWL9IUIT SWWG 2/01 OWIERS' UN/7 AS MORE PARIIC1JLAR DESMM IN lilt L2ARA11OV 12 COMMa? I/ilL/TV 1A(PR0IfN1N7&% COIW&I UllifTV IMPROI'DIENTS MEANS ALL 64. WA FIR AND WAS1E RI°L ALL .1#(RSI DUC1Y 0IlJ1E CO%W7 WRES AND OP/ER UNITY INSTALLA 17(W5 1MW/Off/C IJilL/1Y INSTALLA 11*5 L.4 7Th W7hYN WE COMA/LW U7ILI1Y RVQV, UNDER lilt BMM4 NIP//N lilt Ft7EMLW WALLS (F HE DLILDWG WThWI I/ill Y-ffARING L7EML9NG WALLS .PARA 11MG lIlt UI//iS AND WiN/N ANY POVJLWS Or lilt LW/iS WCT 10 UIIL/TY £L'MaVl5 IN PA WN (F lilt ASYXJA 11* iRE COW I/ill/TV M69 VIfA/U/iS .2/ALL FTAWHIR INOU ALL LINES RES a? CCW0U175 RWNC lilt ASSOQA iiav A?G"ERTY AND HE LW/iS COk1WUIONG FROM PIE P0/NT OF CC4'iWEC17Q/S 10 I/ill/TV 1ff/9 $1iN/N THE £'D AA 7iav BUT LXWPUWG FilE FGNT AT $9101 UYILITY IMPAVIPVIU/FS .RWIC 1WL V Lb'/E (F lYE I/N/iS CCIVNECT 16 .2/0! COWav I/ilL/TV MIfAlUl7S li WIDOWMUAi C&XOVhVW MEANS AN ESTA FE IN REAL PRW&7Y AS DDW UI CAUFVL4 OWL cwE C77V 1351(Ft A CCWDOV/N/UN CtW9SlS (F A .2PARA FE O$9IERIP IN1ERL5T IN 1ff iN A UNIT 1T'AVHER WiN AM UAfLYWL'tZ) FEE 9MPLE O$NLR.2IIP INlEREST ill WE COlW(W AREA AND ALL L4'MU/7Y APPUR1UIANT 7HERE1O. 3J&ICT 70 PIE #WOW9CWS Cr 17/f D17LIRA7ZLW, PIE LWINWLW FEE .9'MFLE INlEJEST eW PIE CrAVM.9V AREA £5 APPUR7ENANT 10 £101 UNIT AND IS A FRACFJ(W HA 11MG LiVE (1) AS /15 NIWIRA iD? AND THE MGM FWR (4) AS ITS (ENOV/NA 1D? AND 9/ALL & I/liD BY PIE OJW/ERS W COVDOV/MLWS AS FEN4NFS-U4-COWA/LW 4101 "T ''Y/'TJJ1T .JY ' 'Y1T',,T .jY jY v .' '-.''-r 11 ," 4':ç't ' / 2_2 I__I. ___I T /1/ IV 1 I I I I1 ; I.2 I / 12 ' I ; 4fr?i • II I I I I 1 i I $ 1 BUILDING L .wr 4 C 12 CONDOMINIUM PLAN 831 NOTES AND OEFFNI1K4VS (CW1) 15 DEWRA11al DE(IARATh2Y MEANS 711.11 RTA6V DEARA17al OF COIfM4N75 CT2IDIF1C4VS RES00C1V5 AND RESERVA 11(21 X EA.1ItN1S FD? 2184 (24 FEWI ) REC1)?DW COVW/VEN11 Y HUIEWilL 16. DEM/NG WALLS DEMINC WALLS MEANS ANY WALLS SFPARA7fiVG UM1S L/AVER CT)WCIV OilNERSIIP FROM OFHER UN/15 tWDER V'ARA1E O0Th'.9#P. LA1C WALLS 9MU NOT /NUDE (A) SJRUC7IJRA4 LOAD-BEAMWG WALLS a? (?) IN1E7?NAL WALLS Ca?SFRUC1ED Or OR CVI B&ALF (1 ANY OJWER LCC4 lED &ME V Will/N SUCH ON49M 1/MT iz mcwoomr. /MPRoIfJlelr MEANS (A) PIE 801W/NC 0? ANY OTHER STRUC1URE LCCA lED (IV lYE PROECT 0? ASSOGA 110? PR0!7?7Y FROW 7ZIE 70 7/NE AND ANY AAWAWENAN(I 1HERE70 (?) ANY Sa4 POLA LI(J11Y (I? 1/Gil STANDARDS WALK WI M llWCA 1101 S)STE16 RM (IWI€W4 AND ACaSS WA M SEWACE PANNING AREAS (I? FDM Lx.AFEZ) W1DE ar HE BUWW4 (C) ANY rff ar WALL. 07E2VN4 AWING 0? ffiff ATTAWED OR AO1 WIT 100? LXA FED 111mW lYE BUM4 (0) ANY flPE Or N?NLWREAK L4NDXMNG HARDS124PE 0? PLAN71NG CPI HE ASSOJA 19W PR(PERTY AND (E) ANY CtWM(21 1177117Y IMFWOlEJJEN1Y 0? OFHER PfPES SEIM 01JCT 0l110 CrJ1DLu7Y WRES OR OilIER UPUTY INSTALLA71(WS L(XA lED ANflIFIERE Will/N lYE PROECT OR A5SiXJA ROY PRCFfR7X FHE lERJW IMPR0w31NT ,91A11 FL'1HER W(1ULE () ANY DI5ML2NG WALLS 0? L?17ERICW WALL. LVItDET?S CA8'NE15 CA B"USE4 90 1E LW STO?.4CE RACKS ATTA WED 10 S7111JCX4?A1 BD1171lY Or FHE &I1WWG, (Ii) WALL CO EN= 1111/DOW COMW 0? F1(XR CVIIMNGS AND ('fl) ANY OilER RXnhffS, EVJRWENT 0? OTHER MIE3N1Y C)? S7RUC1FJRES LCVA lED 1117MW ANY 1/Mi F/NAIL Y, PIE 7ERII £VR?0IfA1tN7S .9L41L IAVJM ANY INSTAU.A 170i CCWS7RfJCl7CM RENXZhVG REPLAawEN7 Rfl49&V C)? AL7ERA1FOV Or ANY Or lYE F0?EQOINC. 18 PRO.IC1 PROICT MEANS ALL Or PIE WA PR(PERYY wow a'I 7ff/S RECLWDED LU'1VC&WWI PLAN DI(1UDWG ALL PE UNflS A.4 110? A?C19ERIY AND CC.IIWC)V AREA IN PARCEL A. AS DES0?I&V IN EXYRT A A 77A0111110 HE DEARA ffC)t 19. UM1 1/MT MEANS A SWARA it LV7EREST IN PACE AS DEFiNED iN Gift CWE SEUM 1351(F) (.1011/MT LS A PAR4 iF FREZIILZD ESTA 1E AS SIPAR,4 lEt V 9/OH?( NUMD AND 021.4lW IN PIE CWDOVMW PLA?L PIE APPROVAIA iF 8CVAVAM'15 Or £40! 1/MT ARE SIVW HEREW £401 WI/I £VWY lYE HARDWARE CVI EXiUIIa? EN1RY DOORS AND lYE (AASS ?11(21.S Or PIE NFAVOK OIXRS AND 0)1/ER SASS Si/PlACES 111.4 TARE COYSTRUCFEV AT 1/MT 0(JJN04RIE$. icY IN7ERPRE71NG DEEDS lYE L'EaARA77CW AND lYE CWWM MANS lIE ACTUAL 8.VARES Or EACH UNIT SlYALL W 1.1(111111 iT) EX1ThV iT) WE INFERIO? 1h'IF7M9IW Si1C5 Or lYE FLtXE lifE £7ERJ'0? CUV1E ill. T-4° AND (ZASS WALLS Or DE BMWW 0? CT)WM0? L/1ZU7Y R(2J (bYE-HALF (1/2) 7HE MD1?1 Or ANY LMI!NG WALLS .2PARA FJNG UN/iS OwOwDED HO$flf7é 111.4 T RE LMWG WALL llZF WALL REMAIN DE ASSO(JATIC4V'S REWOYSYBII/7Y 10 MAINTAIN AND RE7!AC AND 70 HE B077JW SIIWACE Or ANY S1RUC711RAL BE4IVS DIENOWC aELOW 9)0! S7RUCfllRAL (8LhV( AS C0VS1Rt/C1EV 0? RECCWSFRUCFED icY 9JBSTAPI11AL ACCLWDANCE WTH THE 0WAI PLANS ITh? THE BIAWWt2 ii RE ElfNT 111.11 ANY 1P 1JI6 0? IFALSr CRM ARE INSTALLED W1MWA LW/1 lYE UNIT .WALL NOVE7IIEZISS & MC 10 EX7END k)iV .9101 DRO° WLAVG 10 lYE 80170W WACE Or ANY STRUC1FJRAL SEAMS LXFENDWG BELOW 57/01 SJRIJC7URAL I I I I I I 1 BUILDING L SWT 5 OF 12 CONDOMINIUM PLAN 832 nocw 1/NIT fiN/SN FLOOR I RN/SN CEiLiNG FiRST FIL? ALL 43270 1 *44287 a0mEGA1 ENa,MI 1W1NJ*W1W - m - . I - No m SAM" LOT 38 TRACT CT 02-11 CARLOO p 140. 14960 Ilo 1> yROAD 10-661 cs woo ININ~ C 10. H .1 I -' ,ctZON co Ii 10010\ Q, -----1 V \ V LHT 104 D1ST 8UILW6 OWMW7M IN Hing RANJ1 LOT 40 TOTAL CY')YDOL4W1S= 4 4 '4 \ BUILDING L CONDOMINIUM PLAN FLOOR PLAN WE d -ci I 36 \ I OMEGA 36' £'1EET7F12 BUILDING L 035 SWET 8 OF 12 CONDOMINIUM PLAN UNIT DIAGRAM (UNIT 101) )MEGA , 1. 1N £IMe(11ANr8 SCALE 1 =10 1 I I I BUILDING L SM7 9 OF 12 CONDOMINIUM PLAN 836 UNIT DIAGRAM (UNIT 102) 4' 0 )MEGA I ____ .4W 1=10' I I I BUILDING L W&T 10 OF 12 CONDOMINIUM PLAN 837 UNIT DIAGRAM (UNIT 103) 4' 0 MEGA I JLLM cofala?ANT. X41E 110' mm - M- - - - - - - - - - -m m m - I I 8a92' I 1 I - -a50' IC 8 > 98! Rr 12z ca (U 1'796' I - 050' __7.46' I I I I 7296' a P BUILDING L WEr 12 cr 12 CONDOMINIUM PLAN 839 THREE DIMENSIONAL DIAGRAM SKY A SSOCIA 710/V PROPERTY C0M',I0N AREA ±100 ±15 A SSOCM liON PROPERTY CENTER OF EARTH I I I I 1 1 I I I I I I I I I I I I 1 I I I I fl L I I I E I E] Pi I 1 I EXHIBIT 4 I ASSESSOR'S PARCEL MAP [1 . - - - - - - - - - - mm - - - - - 09 Jj 01 i FTT1 £ 10/01/08 DP 8 LO1 ROT O .1. -.-- &v 81 I ? r 5.6 AC H \ th -1 12 of is SHT 4 Li I \ SHT 2 AW ' MAP 15492 CARLSBAD TCT CT 05-07 BRESSI RANCH IS Li I Li I Li I [1 I I I I I I Li I EXHIBIT 5 I AMENDED ASSESSMENT DIAGRAM I AMENDED ASSESSMENT DIAGRAM OF ASSESSMENT DISTRICT NO. 2002-01 (POINSETTIA LANE EAST) CITY OF CARLSBAD COUNTY OF SAN DIEGO STATE OF CALIFORNIA AMENDING ASSESSMENT NUMBER 5-40-12 G) I LEGEND APPORTIONMENT BOUNDARY MN' REFERENCE NUMBER 3 PREVIOUS MAP REFERENCE NUMBER NOTTO SCALE PREVIOUS Asses sue 575 ASSESSMENT ASSESSOR'S PARCEL SO, PARCELNO, DESCRIPTION 5-40,12 215.SOO-12 CARLSBAD CT 05-07 LOTIA ASSESSMENT NO. ASSESSOR'S PARCELNO. PARCEL DESCRIPTION S -aS-Ia-I UNASSIGNED CARLSBAD US 10-02,PARCELI,CSUUERCIAL UNIT IOI S-SD-Ia-a ANASSIRNEO CARLSBAD BR IC-CD,PARCELI,COUUERCIAL UNIT IOA S -SO -la -p S-SO-la-B 1 ANASSIONED ASASSIONED CARLRBACMSIO.02,PARCELI,COUBERCICLANITIOS CARLSBAD BR 1O.02,PARCELI,C05MERC15L UNIT 104 VICINITY MAP - N.T.S. - - - - - - - - - - - - - - - - - - - SHEET 1 OF 1 CITY CLERICS CERTIFiCATE FILED IN THE OFFICE OF THE CITY CLERK OF THE CITY OF CARLSBAD, This DAY OF . 201_. CITY CLERK CITY OF CARLSBAD SUPERINTENDENT OF STREETS CERTIFICATE RECORDED IN THE OFFICE OF THE SUPERINTENDENT OF STREETS, CITY OF CARLSBAD. THIS DAY OF .201 SUPERINTENDENT OF STREETS CITY OF CARLSBAD This AMENDED ASSESSMENT DIAGRAM AMENDS THE ASSESSMENT DIAGRAM OF ASSESSMENT DISTRICT NO. 2002-01, CITY OF CARLSBAD, COUNTS' OF SAN DIEGO. STATE OF CALIFORNIA.. PRIOR RECORDED THE 5TH DAY OF MAY, 2004. IN BOOK 38 OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS AT PAGE 37. DOCUMENT NUMBER 2004-0404503 IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTS' OF SAN DIEGO, STATE OF CALIFORNIA. FILED THIS DAY OF 201_,ATTHE HOUR OF O'CLOCK_.M..IN 5-40-12 BOOK _OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS AT PAGE(S) ________AT THE REQUEST OF THE CITY OF CARLSBAD IN THE OFFICE OF THE COUNTS' RECORDER OF THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA- FEE: INSTRUMENT. NO,: GREGORY J. SMITH. COUNTY RECORDER BY DEPUTY, COUNTY RECORDER COUNTY OF SAN DIEGO NOTE: FOR PARTICULARS OF THE LINES AND DIMENSIONS OF ASSESSOR'S PARCELS, REFERENCE IS MADE TO THE MAPS OF THE SAN DEIGO COUNTY ASSESSOR OF SAN DIEGO COUNTY RECORDS WHICH MAPS SHALL GOVERN FOR ALL DETAILS RELATING THERETO. REFERENCE: CARLSBAD MINOR SUBDMSION MS 10-02 DOCUMENT NUMBER: 20104)639270 wWILLDAN Financial Services 27368 VI, ISdoSSIS, SoIN 110 TRSSSUaIa, CA 92590 957,587.3500 Pt.,n, 951.587.3510 F- $210094-18 MARCH 2011 I I I I I I I I I I I I [I I I EXHIBIT 6 I NOTICE TO BONDHOLDER I CERTIFIED MAIL Dated: March 14, 2011 Stone and Youngberg Attn: Bill Huck 4350 La Jolla Village Drive, Suite 140 San Diego, CA 92122 NOTICE To BOND HOLDER DIVISION OF LAND AND ASSESSMENT NOTICE IS HEREBY GIVEN to you as the original purchaser of the bonds issued by the City of Carlsbad to represent the unpaid assessments relating to the construction of certain public improvements in an assessment district known and designated as: Assessment District No. 2002-01 (Poinsettia Lane East). Said bonds were issued pursuant to the terms and provisions of the "Improvement Bond Act of 1915", Division 10 of the Streets and Highways Code of the State of California. NOTICE IS HEREBY GIVEN that an apportionment has been made by the property owner of an assessment relating to the assessments and parcels as indicated by the enclosed report. NOTICE IS HEREBY GIVEN that unless a request for a public hearing is received within fourteen (14) days from the date of this Notice, the above-apportioned assessments shall be recorded in the manner and form as required by law. If you have any further questions, please contact the undersigned at the Office of the Director of Public Works/City Engineer at the following address: Mr. Marshall Plantz Geovanna Quintero Senior Civil Engineer WilIdan Financial Services City of Carlsbad 27368 Via Industria, Suite 110 1635 Faraday Temecula, CA 92590 Carlsbad, CA 92008 (951) 587-3500 This procedure is pursuant to the provisions of Part 10.5 of Division 10 of the Streets and Highways Code of the State of California and the "Improvement Bond Act of 1915". Willdan Financial Services On behalf of the City of Carlsbad Geovanna Quintero, Analyst Assistant District Administration Services I I I I I Fj I I I I I I I Li Li I I I I Li Li I I I I I I Li I I I Li Li Li I I EXHIBIT 7 NOTICE OF AMENDED ASSESSMENT 11 DATED: 201 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 NOTICE OF AMENDED ASSESSMENT CITY OF CARLSBAD ASSESSMENT DISTRICT NO. 2002-01 (POINSETTIA LANE EAST) AMENDING ASSESSMENT NO. 5-40-12 (CARLSBAD MINOR SUBDIVISION MS 10-02) Pursuant to the requirements of Section 3114 of the Streets and Highways Code of California, the undersigned City Clerk of the City of Carlsbad, County of San Diego, State of California, hereby gives notice that an amended assessment diagram and assessment were recorded in the office of the Superintendent of Streets of the City of Carlsbad, as provided for in said Section, and relating to the real property more particularly described on that certain amended assessment diagram filed in accordance with said Section on , 201_ as document number in Book of Maps of Assessment and Community Facilities Districts at Page in the office of the Recorder of the County of San Diego. Said amended assessment diagram amends the assessment diagram "Assessment District No. 2002-01 (Poinsettia Lane East)" filed the 5th day of May, 2004 as Document Number 2004-0404503 in the office of said County Recorder in Book 38, Page 37 of Maps of Assessment and Community Facilities Districts. Reference is made to the amended assessment diagram and assessment roll recorded in the office of said Director of Public Works (Superintendent of Streets) of the Carlsbad for the amount of each of the amended assessments. Exhibit "A" hereto attached, and by this reference incorporated herein, shows the parcels subject to the amended assessments. City Clerk City of Carlsbad County of San Diego State of California I I I I I [] r Li I I I I I Li H I I I - - - - - - - - - - - - - - - - - - EXHIBIT A AMENDED ASSESSMENT ROLL ASSESSMENT DISTRICT 2002-01 (POINSETTIA LANE EAST) BRESSI RANCH; CARLSBAD MINOR SUBDIVISION MS 10-02 CITY OF CARLSBAD SAN DIEGO COUNTY DATE March 14, 2011 PREVIOUS ASSESSMENTS ASSESSMENT ASSESSOR'S PARCEL OWNER OF NO. PARCEL NO. DESCRIPTION RECORD 5-40-12 213-300-12 CARLSBAD CT 05-07 LOT 12 KELLY CAPITAL GROUP INC AMENDED ASSESSMENTS ASSESSMENT ASSESSOR'S PARCEL OWNER OF NO. PARCEL NO. DESCRIPTION RECORD 5-40-12-1 UNASSIGNED CARLSBAD MS 10-02, PARCEL 1, COMMERCIAL UNIT 101 KELLY CAPITAL GROUP INC 5-40-12-2 UNASSIGNED CARLSBAD MS 10-02, PARCEL 1, COMMERCIAL UNIT 102 KELLY CAPITAL GROUP INC 5-40-12-3 UNASSIGNED CARLSBAD MS 10-02, PARCEL 1, COMMERCIAL UNIT 103 KELLY CAPITAL GROUP INC 5-40-12-4 UNASSIGNED CARLSBAD MS 10-02, PARCEL 1, COMMERCIAL UNIT 104 KELLY CAPITAL GROUP INC P:\Carlsbad\3208094-1 1\EX A Prepared by Wilidan Financial Services Page 1 of 1 11] I I I I I I I I I I .1 1 1 I I I I I APPORTIONMENT AND AMENDED ASSESSMENT REPORT ASSESSMENT DISTRICT No. 2002-01, (POINSETTIA LANE EAST) AMENDING ASSESSMENT NUMBER 5-33-39-9 CARLSBAD LOT LINE ADJUSTMENT AMENDING TRACT CT 05-09 SEPTEMBER 2010 CITY OF CARLSBAD Corporate Office: 27368 Via Industria Suite 110 Temecula, CA 92590 Tel: (951) 587-3500 Tel: (800) 755-MUNI (6864) Fax: (951) 587-3510 W,\"WILLDAN I Financial Services Regional Office Locations: Oakland, CA Sacramento, CA Phoenix, AZ Orlando, FL TABLE OF CONTENTS METHODOF SPREAD..............................................................................EXHIBIT I REVISED SPREAD AMENDING ASSESSMENTS...................................EXHIBIT 2 ASSESSOR'S PARCEL MAPS.................................................................EXHIBIT 3 AMENDED ASSESSMENT DIAGRAM.....................................................EXHIBIT 4 NOTICE TO BONDHOLDER.....................................................................EXHIBIT 5 NOTICE OF AMENDED ASSESSMENT...................................................EXHIBIT 6 I I I I I I 1 I I I I EXHIBIT I METHOD OF SPREAD LI I I City of Carlsbad -Assessment District No. 2002-01 (Poinsettia Lane East) Page 10 EXHIBIT A 10 METHOD AND FORMULA OF ASSESSMENT SPREAD I Since the improvements are to be funded by the levying of assessments, the Assessment Law requires that assessments be based on the special benefit that the properties receive from the improvements. In addition, the Assessment Law I provides that a parcel's assessment may not exceed the reasonable cost of the proportional special benefit conferred on that parcel. Further, only special benefits are assessable and the local agency levying the assessment must I separate the general benefits from the special benefits. All publicly owned property must be assessed if it specially benefits from the improvements. The Assessment Law does not specify the method or formula that should be I used to apportion the costs to properties in any special assessment district proceedings. The responsibility for recommending an apportionment of the costs to properties, which specially benefit from the improvements rests with the Assessment Engineer, who is appointed for the purpose of making an analysis of I the facts and determining the correct apportionment of the assessment obligation. In order to apportion the assessments to each parcel in direct proportion with the special benefit which it will receive from the improvements, an in-depth analysis I has been completed and is used as the basis for apportioning costs to each property within the Assessment District as explained below. 10 Based upon an analysis of the special benefit to be received by each parcel from the improvements, the Assessment Engineer recommends the apportionment of costs as outlined herein. The final authority and action rests with I the City Council after hearing all testimony and evidence presented at a public hearing, and the tabulation of the assessment ballots previously mailed to all record I owners of property within the Assessment District. Upon the conclusion of the public hearing, the City Council must make the final determination whether or not the assessment spread has been made in direct proportion to the special benefits I to be received by each parcel within the Assessment District. Assessment ballot tabulation will be finalized at that time and, if a majority of the assessment ballots received prior to the close of the public hearing weighted by assessment amount I the are not opposed to the levy of the assessments, then the City Council may confirm levy of the assessments. The following sections define and explain the special benefits and general 1 benefits, and set forth the methodology used to apportion the costs of the improvements providing special benefits to each parcel, and confirm that the I assessments are reasonable and justified. The Method of Apportionment I The Assessment District improvements have been assigned into six benefit components; roadway, potable water, recycled water, sewer, dry utilities and I Prepared by Galen N. Peterson March 29, 2004 City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 11 . incidental expenses. Roadway improvement costs are spread on vehicle average daily trip (ADT) generation. Potable water, sewer and dry utility costs are spread on an equivalent dwelling unit (EDU) basis. Recycled water costs are spread to the roadway and specific parcels based on the amount of recycled water used for the irrigation of each roadway and specific parcel. The incidental expenses have been based on either the actual cost to each component of the improvements or if the incidental costs apply to all such components then to the prorated construction cost of each such component. Because some of the assessor parcel boundaries do not coincide with the Village Planning Areas or Neighborhoods, some initial assessments will be placed in aggregate on multiple assessor parcels until final maps are recorded and the new assessor parcels coincide with the Village Planning Areas or Neighborhoods as applicable. The procedure of identifying and apportioning special benefit to the land uses and parcels has been organized as follows: U A. Identification of Benefit Components A-I Backbone Roadway Improvement Components A-2 Backbone Potable Water and Sewer Improvement Components A-3 Backbone Recycled Water Improvement Components A-4 Backbone Dry Utilities Improvement Components I A-5 Incidental Expenses Components Special Benefits I B. C. General Benefits I D. Proportioning Special Benefits U D-1 Land Use Categories D-2 Proportionate Special Benefit of Roadway Improvements I D-3 Proportionate Special Benefit of Utility Improvements D-4 Proportioning Formation, Issuance and Financing Costs I. I I Prepared by Galen N. Peterson March 29, 2004 I I I I I I I I City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 12 I E. Proclamations E-1 Assessments Equal to or Less Than the Proportional Special Benefits E-2 Reasonableness and Justification of Assessments E-3 Future Apportionment I A. IDENTIFICATION OF BENEFIT COMPONENTS I The improvements to be acquired or constructed by the City from the proceeds of bonds issued for each benefit area of the Assessment District are necessary for development of the Assessment District parcels and are required by the Villages of I La Costa (The Greens) and by the Bressi Ranch Master Plans and the conditions of development as set forth in the land use entitlements approved by the City for each benefit area. Without the improvements, the parcels within I the Assessment District cannot be developed to their planned ultimate uses pursuant to such land use entitlements. I It is unfeasible and impractical for the parcels to be utilized to their highest and best use without the backbone roadways and utilities that will be funded by the Assessment District. A-I Backbone Roadway Improvement Components ' The foremost purpose of the Assessment District is to provide financing for the backbone road access so the Assessment District parcels can be developed. The most significant and costly improvement is the work I associated with the road construction. The road construction has created the need to relocate sewer mains and utilities, re-establish habitat areas, and install landscaping to protect the roadway slopes. The road construction has ' also created the need to construct storm drains to protect the roadway and to relocate other facilities and provide mitigation areas that would not have otherwise been necessary if the road was not constructed. The road and I for associated costs have been placed into one roadway improvement component the purpose of defining the roadway costs and apportioning special benefit. A percentage of the cost of the backbone recycled water distribution system has been spread in the same manner as the roadway expenses. This portion of the recycled water system improvements will provide an irrigation water I system for the roadway landscaping. The roadway improvement component includes: Poinsettia Lane, El Fuerte, El Camino Real, relocation of utilities, establishment of habitat mitigation I areas, and a portion of the recycled water system to serve the roadway landscaping. I Prepared by Galen N. Peterson March 29, 2004 I City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 13 1 is A-2 Backbone Potable Water and Sewer Improvement Components Coincidental to the roadway improvements is the necessity to construct certain I backbone utility improvements within the roadway right of way concurrently with construction of the roadway improvements. These improvements confer a different special benefit to the properties than the special benefit conferred by the roadway improvements. Therefore potable water and sewer (other than I relocated facilities for the roadway costs) have been separated into wet utility components for purposes of defining special benefits and allocating the costs I of such components. I Coincidental to the roadway improvements is the necessity to construct certain backbone recycled water improvements within the roadway right of way I concurrently with construction of the roadway improvements. A percentage of these improvements confer a different special benefit to the properties than the special benefit conferred by the roadway improvements based on where the recycled water will be used. The recycled water facilities have been I separated into a separate component for purposes of defining special benefits and allocating the costs of such components. i• A-4 Backbone Dry Utilities Improvement Components Coincidental to the roadway improvements is the necessity to construct certain I backbone dry utility improvements within the roadway right of way concurrently with construction of the roadway improvements. These improvements confer a different special benefit to the properties than the special benefit conferred by I the roadway improvements. Therefore the dry utilities have been separated into a separate component for purposes of defining special benefits and allocating the costs of such components. I A -5 Incidental Expense Components I I I I. I In addition to the improvement costs, there are incidental construction administration and Assessment District formation expenses. These costs include, but are not limited to: construction administration, construction supervision, design, testing, surveying, assessment engineering, audit of acquisition costs, financial advisors, appraisals, bond counsel, underwriting, official statement printing, financing cost and establishment of a bond reserve fund. The costs of the formation of the Assessment District, including the costs of issuance, have been determined to be eligible for inclusion and are included in the Assessment District incidental costs. Some of these costs can be assigned directly to one of the benefit components as shown in Appendix "E". Other costs that cannot be assigned directly to one of the benefit Prepared by Galen N. Peterson March 29, 2004 A-3 Backbone Recycled Water Improvement Components I City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 14 components have been prorated to each assessment number in accordance I with that assessment number's share of the construction cost. B. SPECIAL BENEFITS I The purpose of this Assessment District is to fund the construction and acquisition of public improvements required to serve the Assessment District I parcels. Special benefit is received by each parcel within the boundaries of the Assessment District from new roadway access and the availability of utility services that are required and necessary for the properties to develop to their highest I and best use in accordance with and as permitted by the approved land use entitlements. I The improvements to be constructed and/or acquired by the District accommodate the planned development within the Assessment District area in accordance with the approved land use entitlements. The Villages of La Costa (The I Greens) and the Bressi Ranch Specific Plan environmental documents and the. Tentative Map identify the need for access and utilities, and place conditions upon the parcels within the Assessment District to provide those improvements. I The Assessment District Improvements satisfy the conditions of development by providing access and backbone utilities so the projects can support their planned uses. Without the improvements, the parcels within the Assessment District could ' S not be developed to their planned and conditionally approved uses. The special benefit conferred on the parcels within the Assessment District from I the proposed improvements include: increased development potential, relief from access constraints, improved accessibility to utilities, fulfillment of development conditions and ensured investment returns. The special benefit to each parcel is I such that the parcels will be allowed to gain access to a public street network and have water, sewer, recycled water and dry utilities readily available, thereby allowing them to develop to their highest potential. I Special benefit accrues to each parcel to be subdivided and served by the improvements to be constructed. Since some of the areas within the Assessment I District have not been subdivided into individual lots at this time, the assessments will be placed in aggregate on one or more existing assessor parcels and apportionment of the assessments will take place as final maps record. 1 C. GENERAL BENEFITS Some public improvements will confer general benefit to properties or the public at I large outside the Assessment District. In making an analysis, a review was conducted of the surrounding areas. The review resulted in identifying general I benefits that accrued to properties outside the Assessment District. , I Prepared by Galen N. Peterson . March 29, 2004 I City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 15 . Poinsettia Lane is designated as a prime arterial roadway. Previously, Poinsettia I Lane did not exist east of El Camino Real. Four lanes are proposed to be constructed. Two lanes are required to serve the estimated volume of traffic generated by the Assessment District parcels. Two center lanes (one in each I direction) are required for through traffic originating outside of the Assessment District. The costs associated with the construction and placement of the asphalt and base for the two center lanes have been determined to be a general 1 benefit and will not be assessed to parcels within the Assessment District. El Fuerte Street is designated as a secondary arterial roadway and will be constructed from Palomar Airport Road south to connect to the existing terminus I of El Fuerte Street at the southerly boundary of Bressi Ranch. Four lanes are proposed to be constructed. Two lanes are required to serve the estimated volume of traffic generated by the Assessment District parcels. Two center I lanes (one in each direction) are required for through traffic originating outside of the Assessment District. The costs associated with the construction and placement of the asphalt and base for the two center lanes have been I determined to be a general benefit and will not be assessed to parcels within the Assessment District. I Based on the estimated roadway construction costs, the cost of the roadway base and asphalt pavement to provide the two center lanes for both Poinsettia Lane and El Fuerte Street is approximately $968,360. The grading beneath I the two center lanes of each roadway benefits the Assessment District because it provides lateral support to the Assessment District paved lanes. This I grading can not be eliminated from the overall roadway grading without constructing retaining walls that would unreasonably increase the Assessment District cast. Therefore all of the Poinsettia Lane and El Fuerte Street grading I provides special benefit to the Assessment District Properties. D. PROPORTIONING SPECIAL BENEFITS I D-1 Land Use Categories The following land use categories are included in the Assessment District: I planned industrial, business park, community retail, office, single-family detached and single-family attached residential, apartments (affordable housing), assisted living, daycare center, boys and girls club, church, school, I home owners association recreation areas, park and open space. Except for the irrigated areas in Assessment Numbers 17 and 39 I (Village Green OS-2 and open space Jot 34), the non-active and undeveloped open space areas do not receive special benefit from the works of improvements and will not be assessed. Open space areas are I those areas that are deeded or perpetually designated in easements. I Prepared by Galen N. Peterson March 29, 2004 I City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 16 I0 D-2 Proportionate Special Benefit of Roadway Improvements Trip Generation Factors for Roadway Improvements I The use of and need for roadway improvements is a function of the number of vehicle trips per day generated by the use of the land served by the streets. Traffic engineers have developed traffic I generation factors, which are related to development density and type of land use. Therefore, trip generation is an appropriate basis for apportioning roadway improvements and related costs among the I specially benefited parcels. The trip generation factors will be estimated from the July 1998, SANDAG Trip Generation Manual and weighted as ' explained below. SANDAG categorizes trips as primary, diverted and pass-by. This analysis uses only the primary trip percentages for the non-residential land use categories to avoid double counting of the residential trips. Single Family Detached Trip Generation I The Average Daily Trips (ADT) per detached single-family dwelling is 10 ADT. The Assessment District single-family dwelling product types are similar to the SANDAG study areas. l ie Single Family Attached Trip Generation The Average Daily Trips per attached dwelling unit or for a condominium I unit is 8 ADT. Affordable Housing (Bressi Ranch) Trip Generation I The Average Daily Trips for each affordable housing unit, based on the formula in footnote R of the 1998 SANDAG Trip Generation Manual, is 6.4ADT (-2.169 Ln(100 units/5.13 ac) + 12.85). I Apartment Affordable Housing (Greens) Trip Generation The Average Daily Trips for each affordable housing unit, based on the ' 1998 SANDAG Trip Generation Manual for apartments, is 6 ADT. Assisted Living Trip Generation The Average Daily Trips for each assisted living room, based on 1998 SANDAG Trip Generation Manual for congregate care facility, is 2 ADT. I Industrial Trip Generation The Average Daily Trips for industrial park is 80 ADT per net acre. The primary trip percentage for industrial park is 79%. I,. I Prepared by Galen N. Peterson March 29, 2004 I City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 17 • Community Retail Trip Generation ' The Average Daily Trips for commercial shops - specialty retail/strip commercial is 40 ADT per 1,000 square feet. The primary trip percentage for this land use is 45%. I Office Trip Generation The Average Daily Trips for corporate headquarters office is 7 ADT per I 1,000 square feet. The primary trip percentage for this land use is 82%. School Trip Generation The Average Daily Trips for an elementary school is 60 ADT per net acre. I The primary trip percentage for an elementary school site is 57%. Church Trip Generation I The Average Daily Trips for a church is 30 ADT per net acre. The primary trip percentage for a church site is 64%. I Day Care Trip Generation The Average Daily Trips rates for day care use is 80 ADT per 1,000 square feet. The Floor Area Ratio for the day care sites is estimated at I 0.1 of building per net land area. Therefore, the 80 ADT per 1,000 square feet is equivalent to approximately 348 ADT per net acre (80 times 43,560/1,000 times 0.1). The primary trip percentage for a day care is 28%. I Boys & Girls Club Trip Generation The Average Daily Trips for a multi-purpose recreational facility is 90 ADT per net acre. The primary trip percentage for this land use is 52%. Home Owners Association Recreation Areas Trip Generation The Average Daily Trips generation for the home owner's association I (HOA) recreation areas, which is equivalent to a neighborhood park, is 5 ADT per net acre. In order to avoid double counting the residential trips, the primary trip percentage used for external trips is 25%. The HOA lots 47, 48 and 49 within Benefit Area No. 2 were assigned 10, 2.8 and 1.9 ADT per site, respectively. The three HOA areas in Planning Areas 9, 10 and 12 and the Village Green area (OS-2) within Benefit Area No. I were assigned 13.9 ADT. The Village Square area in I Planning Area 15 within Benefit Area No. I was assigned 2.5 ADT. Park Trip Generation I The Average Daily Trips generation for a regional park is 20 ADT per net acre. The primary trip percentage for a regional park is 66%. I. 1 Prepared by Galen N. Peterson March 29, 2004 I City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 18 I. I I I P L 140 I I Weighted Benefit by Land Use for Roadway Improvements The geographic concentration and placement of major land uses (residential, commercial retail and office, and industrial) within the Assessment District boundaries indicates that their impact on, hence their special benefits from, the roadway improvements are not uniform and should be weighted. The results of a study performed by Urban Systems, Inc. shown at the end of Appendix "F" indicates that the relative weighting for industrial and commercial land use compared to residential land uses on each roadway improvements is as follows: Road Relative Benefit Industrial Commercial Residential and Other Poinsettia Lane 0.4 0.7 1.0 El Fuerte 0.2 0.8 1.0 El Camino Real 0.6 0.5 1.0 These weights were applied to the ADT generation factors discussed above in order to arrive at an allocable share for each of the three roadway improvement costs. The costs for each of the roadway improvements were allocated only to the assessment numbers that specially benefit from such roadway improvements as set forth below: Poinsettia Lane - Poinsettia Lane roadway costs specially benefit all assessment numbers in the Assessment District. Therefore, Poinsettia Lane roadway costs were allocated to all assessment numbers based on the ADT generation factors and weighting applicable to Poinsettia Lane. I El Fuerte - El Fuerte roadway costs specially benefit only assessment numbers 1 through 21. Therefore, El Fuerte roadway costs were allocated only to assessment numbers 1 through 21 based on the ADT generation I factors and weighting applicable to El Fuerte. El Camino Real (Bressi Ranch portion) - El Camino Real (Bressi Ranch 1 portion) roadway costs specially benefit only assessment numbers 1 through 21. Therefore, El Camino Real (Bressi Ranch portion) roadway costs were allocated only to assessment numbers I through 21 based on the ADT I generation factors and weighting applicable to El Camino Real (Bressi Ranch portion). I. I El Camino Real (Greens portion) - El Camino Real (Greens portion) roadway costs specially benefit only assessment numbers 22 through 39. Prepared by Galen N. Peterson March 29, 2004 I City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 19 Therefore, El Camino Real (Greens portion) roadway costs were allocated ' only to assessment numbers 22 through 39 based on the ADT generation factors and weighting applicable to El Camino Real (Greens portion). D-3 Proportionate Special Benefit of Utility improvements The most pertinent and reasonable utility improvement special benefit variable is average daily demand. The detached single family home will be the basic equivalence for measuring demand to other land use categories. Potable Water and Sewer Water and sewer demand was obtained from the 2002 update of the City of Carlsbad Water Master Plan. A summary of the water and sewer usage is shown below: I I I I I I 19 L Land Use Potable Water and Sewer Usage Single Family Detached 550 gallons I day Single Family Attached 250 gallons] day Non Residential 2,300 gallons /10,000 SF /day A single family detached unit has been assigned an equivalent dwelling I unit (EDU) weight of 1.0 EDU. By converting the gallons per day to EDU we arrive at the following table: Land Use Potable Water and Sewer EDU Single Family Detached 1.0 EDU I Unit Single Family Attached 0.5 EDU / Unit Non Residential 4.2 EDU /10,000 SF I I. I The City of Carlsbad Water Master Plan estimates water demand for park as 2.5 acre-foot per acre per year. This translates to 2,230 gallons per acre per day (2.5 x 43,560 x 7.48/365). Potable water demand for park is estimated as 10% of the demand for recycled water for irrigation, resulting in 0.4 EDU per acre (0.1 x 2,230/550) of parkland. Prepared by Galen N. Peterson March 29, 2004 n I U I City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 20 • Homeowner association (HOA) lots water usage was estimated based on U the characteristics of the parcels and their expected land use. The HOA lots 47, 48 and 49 within Benefit Area No. 2 were assigned 2.41, 2.08 and 1.43 EDU per site, respectively. The three HOA areas in Planning I Areas 9, 10 and 12 and the Village Green area (OS-2) within Benefit Area No. I were assigned 3.8 EDU. The Village Square area in Planning Area 15 within Benefit Area No. I was assigned 1.0 EDU. I The Assessment Diagram identifies two benefit zones for sewer improvements. Sewer Zone A includes all of the Assessment District parcels I . that benefit from the sewer improvements. Sewer Zone B includes the remaining Assessment District parcels that do not benefit from the sewer improvements. I The water and sewer costs for new facilities (sewer relocation related to the construction of the road was allocated with the street costs) related I to each street segment were allocated only to the assessment numbers that specially benefit from such water and sewer costs as set forth below: I Poinsettia Lane Segment I - Poinsettia Lane Segment I water costs specially benefit only assessment numbers 22 through 39. Therefore, I .Poinsettia Lane Segment I water costs were allocated only to assessment numbers 22 through 39 based on the applicable EDU factors. I Poinsettia Lane Segment 2 Poinsettia Lane Segment 2 water costs specially benefit only assessment numbers 1 through 21. Therefore, Poinsettia Lane Segment 2 water costs were allocated only to assessment I numbers I through 21 based on the applicable EDU factors. El Fuerte - El Fuerte water costs specially benefit only assessment numbers 1 through 21. Therefore, El Fuerte water costs were allocated only to assessment numbers I through 21 based on the applicable EDU factors. I El Camino Real (Bressi Ranch portion) - El Camino Real (Bressi Ranch portion) water costs specially benefit only assessment numbers 1 through 21. Therefore, El Camino Real (Bressi Ranch portion) water costs were allocated only to assessment numbers I through 21 based on the applicable I EDU factors. I I, I El Camino Real (Greens portion) - El Camino Real (Greens portion) water costs specially benefit only assessment numbers 22 through 39. Therefore, El Camino Real (Greens portion) water costs were allocated only to assessment numbers 22 through 39 based on the applicable EDU factors. Prepared by Galen N. Peterson March 29, 2004 Roadway ments _Improve Utilities Land Use Category Primary Trip Adjusted ADT % Applied 1 ADT EDUs Single Family 10/DU - 10/DU 1.0/DU Detached Single Family 8/DU - 8/ DU 0.5 / DU Attached Affordable Housing 6.4 I DU - 6.4 / DU 0.5 / DU (Bressi Ranch) Apartment (Affordable 6/ DU - 6 /DU 0.5 I DU Housing) Assisted Living 2 I Room - 2 / Room 4.2 I 10ksf Industrial 80/AC 79% 63 / AC 4.2 I 10ksf Community Retail 40/1,000 45% 18/1,000 4.2/10ksf SF SF Office 7/1,000SF 82% 6/1,000SF 4.2/10ksf School 60/Ac 57% 34 / AC 4.2 / 10ksf Church 30 / AC 64% 19 / AC 4.2 / 10ksf Day Care 80/1,000 SF 28% 97.4 /AC 4.2 / 10ksf Boys & Girls Club 90 / AC 52% 47/AC 4.2 / 10ksf Homeowners 5/AC 25% 1.25 / AC 4.2 / 1 0ksf Association Rec Areas and per site and per site Community (Regional) 20 /AC 66% 13/AC 0.4 / AC Park I 1 I I I City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 21 Sewer costs benefit only assessment numbers in Sewer Zone A, as shown I on the Assessment Diagram. Therefore, sewer costs for each road segment were allocated to the respective assessment numbers that the water was allocated to, but only to parcels within Sewer Zone A based on the applicable I EDU factors. There was no assessment for sewer costs to the assessment numbers in Sewer Zone B, as shown on the Assessment Diagram. I Summary of Special Benefit Factors 1. Primary Trips are defined by SANDAG as "one trip directly between origin and primary I destination." I. I Prepared by Galen N. Peterson March 29, 2004 I City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 22 Recycled Water The recycled water system located within the public right-of-way will provide irrigation water to (I) medians, parkways, and adjacent roadway slopes (in and adjacent to the public streets and public easements) (ii) landscaped slopes and pocket parks within the home owners association open space areas (iii) landscaped areas of the public park (iv) landscaped areas of the I school (v) landscaped areas of the private school and (vi) landscaped areas of the industrial section. 1 The recycled water system specially benefits only the six categories stated above. Therefore, the recycled water system costs were allocated only to I the irrigated area of these six categories. The percentage of area in each category, determined from the total area in all six categories, was multiplied times the cost of the recycled water system to arrive at the cost to be applied I to each category. The resulting recycled water system cost for the first category was added to the cost for the roadways and spread to all of the assessment numbers that specially benefit from the roadways. The resulting I . recycled water system cost for the second category was spread to all of the residential units within the homeowners association that specially benefits from the open space areas. The resulting recycled water system cost for the I last four categories was spread to the assessment numbers that correspond to those areas. Dry Utilities The demand for dry utilities is considered to be similar to the factors I used for water and sewer as shown above. The dry utilities costs (limited by the Internal Revenue Service to five percent of the bond issue amount in order for the bonds to qualify for tax-exempt status) were allocated based on EDU factors using the same methodology and, except as noted below, the I same factors as were used in allocating water costs. Due to the unique characteristics of the home owner association lots, the following dry utilities EDU factors were used for these lots: The HOA lots 47, 48 and 49 within Benefit Area No. 2 were assigned 1.5, 0.3 and 0.3 EDU per site, respectively. The three HOA areas in Planning Areas 9, 10 and 12 and the Village Green area (OS-2) within Benefit Area No. 1 were assigned 2.4 EDU. The Village Square area in Planning Area 15 within Benefit Area No. 1 was assigned 1.0 EDU. 0-4 Proportioning Formation, Issuance and Financing Costs I The costs to form this Assessment District, including the costs of issuance, have been determined to be eligible for inclusion in the Assessment District I Prepared by Galen N. Peterson March 29, 2004 I City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 23 funding. Some of the incidental costs can be assigned directly to one of the 1 benefit components as shown in Appendix "En. These costs that cannot be assigned directly to any one of the benefit components and therefore have been separated into a separate component for purposes of defining special ' benefits and allocating costs on a pro-ràta basis relative to the improvement costs associated with each parcel as shown in Table 1 of Appendix F. The financing costs (bond discount and bond reserve), (I, including capitalized interest, have also been assessed on a pro-rata basis relative to the improvement costs associated with each parcel. E. PROCLAMATIONS E-1 Assessments are equal to or less than the proportional special I benefit each parcel receives The special benefit received from the Assessment District improvements ,I exceeds the assessment allocated to each parcel. The improvements provided will increase the value of each parcel by more than the assessment levied upon it. To ensure that the assessments will be equal to or less than the I proportional special benefit conferred, a review was made of similar properties in the vicinity. Comparison of recent sales records indicated that the average price per square foot of raw land increased in an amount greater 1 than the costs of the assessments per square foot after backbone E-2 Reasonableness and Justification of Assessments It is well known and understood by the development community that public I infrastructure is required for raw land to develop to its highest and best use. After the passage of Proposition 13 and Assembly Bill 1600, developers and investors realize that they must provide the public infrastructure to I support their developments without burdening existing properties. The Assessment District improvements are estimated to add 7% or more value to each parcel's overall value. A review of other developments has shown I that this percentage is consistent with the costs of providing backbone access and utilities to raw land in similar developments. Therefore this Assessment levy is reasonable in relationship to the added value the improvements provide to the parcels. E-3 Future Apportionment of Special Benefit I Special benefit will accrue to each parcel created by the subdivision of the property within the Assessment District. Since certain existing parcels within the Assessment District will not, at the time of formation of the Assessment ,I District, have been subdivided into final lots, the initial assessments established at the time of formation of the Assessment District will be placed I Prepared by Galen N. Peterson March 29, 2004 roadway and utility improvements were in place. I City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 24 in the aggregate on the assessors parcels existing at the time of formation of the Assessment District. An assessment levied on a parcel existing at the time of formation of the Assessment District will be apportioned among those parcels created by the subsequent subdivision of such existing parcel. - Assessments apportioned to any parcel created by the subdivision of an existing parcel which is to be owned by a public agency (each, a "Public I Parcel") or a non-profit 501(c)(3) organization (each, a "501(c)(3) Parcel") or a home owners association (each, an "HOA Parcel") must be paid off in full prior to the recordation of the final subdivision map creating such Public I Parcel or 501(c)(3) Parcel or HOA Parcel or contributed by the Developer as a reduced purchase price for improvements to be acquired pursuant to the Acquisition/Financing Agreement, The City shall not provide to the owner or ' subdivider of such existing parcel a certificate as required by Government Code Section 66493(f) for any subdivision certifying that the City Council has determined that provision has been made for the segregation of the I responsibility of each of the proposed new parcels for a portion of the assessment unless payment in full of the assessments apportioned to all Public Parcels, 501(c)(3) Parcels and HOA Parcels created by such I subdivision has been received by the City or otherwise contributed as described above. ' It is the City of Carlsbad's policy that final lots that receive similar special benefit also have similar final assessments. If the future subdivision of any planning area does not yield the estimated number of dwelling units, the City I reserves the right to require upon application of assessment reapportionment, that a portion of the outstanding assessment be paid by the property owners to ensure that the assessments remain consistent within and I between the planning areas as further provided in the Acquisition/Financing Agreement. All reapportion ments will be subject to City of Carlsbad policies and procedures. FINDINGS AND DETERMINATIONS OF ASSESSMENT ENGINEER The undersigned, Galen N. Peterson, hereby finds and determine as follows: A. The proportionate special benefit derived by each parcel proposed to be U assessed has been determined in relationship to the entirety of the costs of the improvements to be funded from the proceeds of the bonds issued for the Assessment District and the cash collections. I B. No assessment is proposed to be imposed on any parcel, which exceeds the reasonable cost of the proportional special benefit conferred on that 1, parcel. I I Prepared by Galen N. Peterson March 29, 2004 I City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 25 I Only special benefits have been assessed. Parcels within the Assessment District that are owned or used by any I agency, the State of California or the United States and which receive a special benefit from the improvements have been assessed accordingly. I In conclusion, it is my opinion that the assessments for the referenced Assessment District have been spread in direct accordance with the estimated special benefits that each parcel receives from the improvements. Dated: day of /14c9 ,2OO- I. 1 I U 2 ~; ~- ~ A N. P EZO N 7 R.C.E. No. 18,364 (Expires 06/2005) ASSESSMENT ENGINEER CITY OF CARLSBAD SAN DIEGO COUNTY STATE OF CALIFORNIA I Prepared by Galen N. Peterson March 29, 2004 I P City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 26 L I. I I I, LORRAINE M. WOOD, CITY CLERK of the CITY OF CARLSBAD, CALIFORNIA do hereby certify that the foregoing Assessment, together with the Diagram attached thereto, was filed in my office on the 1 :714 day of /5,14 Ay, 200*. ~Co~- 4ir' CITY OF CARLSBAD STATE OF CALIFORNIA I, LORRAINE M. WOOD, CITY CLERK of the CITY OF CARLSBAD, CALIFORNIA do hereby certify that the foregoing Assessment, together with the Diagram attached thereto, was preliminarily approved by the City Council of the CITY OF CARLSBAD, CALIFORNIA, on the/ 71day of//cJ4 A..)' 200.4. - ~' '.— y 16- " Z' - -, x CITY OF CARLSBAD STATE OF CALIFORNIA i• I I, LORRAINE M. WOOD, CITY CALIFORNIA do hereby certify that the Diagram attached thereto, w Council of said City on the - 200 CLERK of the CITY OF the foregoing Assessment, s approved and confirmed day of CARLSBAD, together with by the City I I I, GLENN PRUIM, Superintendent of CARLSBAD, CALIFORNIA do hereby together with the Diagram attached day of CITY CLERK CITY OF CARLSBAD STATE OF CALIFORNIA Streets / City Engineer of the CITY OF certify that the foregoing Assessment, thereto, was filed in my office on the -, 200_. I I. I SUPERINTENDENT OF STREETS /CITY ENGINEER CITY OF CARLSBAD STATE OF CALIFORNIA I Prepared by Galen N. Peterson March 29, 2004 1 Li S Li 1 I El Fl I I I i I I EXHIBIT 2 REVISED SPREAD AMENDING ASSESSMENTS I I mm - - - - - - - - - - ._ -, - - - - REVISED SPREAD AMENDING ASSESSMENTS ASSESSMENT DISTRICT 2002.01 (POINSETTIA LANE EAST) CARLSBAD LOT LINE ADJUSTMENT AMENDING TRACT CT 05-09 CITY OF CARLSBAD SAN DIEGO COUNTY PREVIOUS ASSESSMENTS ASSESSMENT ASSESSORS PARCEL ASSESSABLE BONDED ASSESSMENT OWNER OF NO. PARCEL NO. DESCRIPTION NETACRES LIEN LIEN RECORD 5-33-39-9 213-263-18 CARLSBAD TRACT CT 05-09, LOT 10 2.336 $182,087.23 $208,913.11 KELLY CAPITAL GROUP INC ,F TOTAL 2.336 $182,087.23 $208,913.11 DATE September 27, 2010 AMENDED ASSESSMENTS (1) ASSESSMENT ASSESSOR'S PARCEL ASSESSABLE BONDED ASSESSMENT OWNER OF NO. PARCEL NO. DESCRIPTION NETACRES LIEN LIEN RECORD N/A 213-263-24 CARLSBAD TRACT CT 05-09, POR. LOT 10, COMM. AREA 0.000 $0.00 $0.00 QUALITY PROPERTIES ASSESST MANAGEMENT CO. N/A 213-263-25 CARLSBAD TRACT CT 05-09, POR. LOT 10, COMM. AREA 0.000 $0.00 $0.00 QUALITY PROPERTIES ASSESST MANAGEMENT CO. 5-33-39-9-1 213-263-26 CARLSBAD TRACT CT 05-09, POR. LOT 10 2.640 $182,087.23 $208,913.11 QUALITY PROPERTIES ASSESST MANAGEMENT CO. TOTALS (1) Per the Engineer's Report, this spread was calculated based on assessable net acreage. 2.640 $182,087.23 $208,913.11 Total Assessments $182,087.23 $208,913.11 Assessable Net Acres 2.64 2.64 Assessment / Acre $68,972.44 $79,133.75 p:\carlsbad\3208094.12\LLA Prepared by Willdan Financial Services Page I of 1 I I I I I I I I ii I 1 I I Li I I EXHIBIT 3 ASSESSOR'S PARCEL MAPS I I — — = — — — — — — — m — — a. — — — — — 09 I 213-26 IN I = 200' A 07/0910e ARS cq IQ D8 ------__J/ / SH 1 3 -- NO ACE5 2 40—FOO ACCESS e SHT 2 MAP 15669 — CARLSBAD TCT CT 05-09 BRESSI RANCH fr tm S N4 DEW CSDflY ASD MV 1 213-26 S SHT 4OF5 11 1= 200' A 12/01/00 AIlS _a MAI S NJ IJIVl 16 - I; 16 1.O 1610 67 .916 16116.916 6' 67116 1lIluz 0• I 140 ACCESS 2 40-1001 ACCESS - - - - - - - - - - - - - - - - - - - Ime It s-IT 3 ( 611 PALQWtAR AIRPORT RD 0 ®o.971C 24 ;i'cwAIf c . AC L M68 GATEWAY RE) EMS SHT 3 SHT 2 MAP 15669 - CARLSBAD TCT CT 05-09 BRESSI RANCH S $ Li Li 1 Li I LI I I Li I U I I I LI H I EXHIBIT 4 AMENDED ASSESSMENT DIAGRAM I I - - - - - - - - - - - - - - - - - - - AMENDED ASSESSMENT DIAGRAM OF ASSESSMENT DISTRICT NO. 2002-01 (POINSETTIA LANE EAST) CITY OF CARLSBAD COUNTY OF SAN DIEGO STATE OF CALIFORNIA AMENDING ASSESSMENT NUMBER 5-33-39-9 VICINITY MAP - N.T.S. CITY CLERKS CERTIFICATE FILED IN THE OFFICE OF THE CITY CLERIC OF THE CITY OF CARLSBAD, THIS DAY OF . 201_. CITY CLERIC CITY OF CARLSBAD RECORDED IN THE OFFICE OF THE SUPERINTENDENT OF STREETS, CITY OF CARLSBAD, THIS— DAY OF .201 SUPERINTENDENT OF STREETS CITY OF CARLSBAD ThIS AMENDED ASSESSMENT DIAGRAM AMENDS THE ASSESSMENT DIAGRAM OF ASSESSMENT DISTRICT NO. 2002.01, CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. PRIOR RECORDED THE 5TH DAY OF MAY, 2004, IN BOOK 38 OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS AT PAGE 31. DOCUMENT NUMBER 20044000503 IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. FILED THIS DAY OF ______________ 201_ .AT THE HOUR OF O'CLOCK _ M., IN BOOK OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS AT PAGE(S) ________AT THE REQUEST OF THE CITY OF CARLSBAD IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. FEE: INSTRUMENT. NO.: GREGORY J. SMITH, COUNTY RECORDER BY DEPUTY, I COUNTY RECORDER I COUNTY OF SAN DIEGO I NOTE: FOR PARTICULARS OF THE LINES AND DIMENSIONS I OF ASSESSORS PARCELS, REFERENCE IS MADE TO THE I MAPS OF THE SAN DEIGO COUNTY ASSESSOR OF SAN I DIEGO COUNTY RECORDS WHICH MAPS SHALL GOVERN I PRE1.IOUS ASSESSMENTS FOR ALL DETAILS RELATING THERETO. I 1AWI LLDAN I PREy. 1.5-el I REF NO. ASSESSEENT NO. ASSESSORS I PARCEL NO, I ASSESSABLE NET! ACRES ________________ PARCEL I DESCRIPTION I I I LEGEND I I I I 5-3339-9 I 213.263-18 I 2.336 ____________________ M CARLSBAD I Financial Services W+E 27388 yb IndoxOlo. SolE 110 TonooxIa, CA 02500 M4P AMENDED ASSESSMENTS I APPORTIONMENT BOUNDARY I I I ASSESS1.ENT I ASSESSORS I ASSESSABLE NET I PARCEL I 891.587.3500 Ph— 961.087.3510 Fox REFNO. I NO. FARCELHO.I ACRES I DESCRIPTION I REFERENCE NUMBER I I 115-1 I 213.263-24 I 0000 I CPJ4LSEADTRACT CTSS.09,POR, LOT IO,COMAAREA I 3208094-19 SEPTEMBER 2010 NOT TO SCALE 2 3 I NIA.2 I 213-263-25 0,000 I CARLSBAD TRACT CTCB-09,POR. LOT IO.COMoIAREA I c, PREVIOUS MAP REFERENCE NUMBER 1 5-33-35-5-1 I 213-263-26 I 2.640 1 CARLSBAD TRACT CT 05-09, FOR. LOT 10 I El] I I I I I I I I I I I I I I I EXHIBIT 5 NOTICE TO BONDHOLDER Li I I I CERTIFIED MAIL Dated: September 27, 2010 Stone and Youngberg Attn: Bill Huck 4350 La Jolla Village Drive, Suite 140 San Diego, CA 92122 NOTICE To BOND HOLDER DivisioN OF LAND AND ASSESSMENT NOTICE IS HEREBY GIVEN to you as the original purchaser of the bonds issued by the City of Carlsbad to represent the unpaid assessments relating to the construction of certain public improvements in an assessment district known and designated as: Assessment District No. 2002-01 (Poinsettia Lane East). Said bonds were issued pursuant to the terms and provisions of the "Improvement Bond Act of 1915", Division 10 of the Streets and Highways Code of the State of California. NOTICE IS HEREBY GIVEN that an apportionment has been made by the property owner of a assessment relating to the assessments and parcels as indicated by the enclosed report. NOTICE IS HEREBY GIVEN that unless a request for a public hearing is received within fourteen (14) days from the date of this Notice, the above-apportioned assessments shall be recorded in the manner and form as required by law. If you have any further questions, please contact the undersigned at the Office of the Director of Public Works/City Engineer at the following address: Mr. Marshall Plantz Jenifer Storsteen Senior Civil Engineer Willdan Financial Services City of Carlsbad 27368 Via Ind ustria, Suite 110 1635 Faraday Temecula, CA 92590 Carlsbad, CA 92008 (951) 587-3500 This procedure is pursuant to the provisions of Part 10.5 of Division 10 of the Streets and Highways Code of the State of California and the "Improvement Bond Act of 1915". Willdan Financial Services On behalf of the City of Carlsbad Jenifer Storsteen, Analyst District Administration Services H E I I I I I I I I Li I Li I I I I I I I I I I I I I I I Li Li I I I EXHIBIT 6 NOTICE OF AMENDED ASSESSMENT I RECORDING REQUESTED BY: City of Carlsbad AND WHEN RECORDED MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Dr Carlsbad, CA 92008 I L r-1 I I NOTICE OF AMENDED ASSESSMENT CITY OF CARLSBAD ASSESSMENT DISTRICT NO. 2002-01 (POINSETTIA LANE EAST) AMENDING ASSESSMENT NO. 5-33-39-9 (CARLSBAD LOT LINE ADJUSTMENT AMENDING TRACT CT 05-09) Pursuant to the requirements of Section 3114 of the Streets and Highways Code of California, the undersigned City Clerk of the City of Carlsbad, County of San Diego, State of California, hereby gives notice that an amended assessment diagram and assessment were recorded in the office of the Superintendent of Streets of the City of Carlsbad, as provided for in said Section, and relating to the real property more particularly described on that certain amended assessment diagram filed in accordance with said Section on , 201_ as document number in Book of Maps of Assessment and Community Facilities Districts at Page in the office of the Recorder of the County of San Diego. Said amended assessment diagram amends the assessment diagram "Assessment District No. 2002-01 (Poinsettia Lane East)" filed the 5th day of May, 2004 as Document Number 2004-0404503 in the office of said County Recorder in Book 38, Page 37 of Maps of Assessment and Community Facilities Districts. Reference is made to the amended assessment diagram and assessment roll recorded in the office of said Director of Public Works (Superintendent of Streets) of the Carlsbad for the amount of each of the amended assessments. Exhibit "A" hereto attached, and by this reference incorporated herein, shows the parcels subject to the amended assessments. DATED: .201 City Clerk City of Carlsbad County of San Diego State of California I L J I I U H I I I I EXHIBIT A AMENDED ASSESSMENT ROLL ASSESSMENT DISTRICT 2002-01 (POINSETTIA LANE EAST) CARLSBAD LOT LINE ADJUSTMENT AMENDING TRACT CT 05-09 DATE CITY OF CARLSBAD September 27, 2010 SAN DIEGO COUNTY PREVIOUS ASSESSMENTS ASSESSMENT ASSESSORS PARCEL OWNER OF NO. PARCEL NO. DESCRIPTION RECORD 5-33-39-9 213-263-18 CARLSBAD TRACT CT 05-09, LOT 10 KELLY CAPITAL GROUP INC AMENDED ASSESSMENTS ASSESSMENT ASSESSORS PARCEL OWNER OF NO. PARCEL NO. DESCRIPTION RECORD 5-33-39-9-1 213-263-26 CARLSBAD TRACT CT 05-09, POR. LOT 10 QUALITY PROPERTIES ASSESST MANAGEMENT CO. pfcar1sbadf3208094-8fExhibit A LLA Page 1 of 1