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HomeMy WebLinkAboutAD 2012-1; REASSESSMENT DISTRICT 2012-1; APPORTIONMENT REPORTS;EL M Ilk M helping communities fund tomorrow j - --- -.- - ) lo $ -'--- :- ti .- I -v( • 4 NBS helping communities k\\M I fund tomorrow I I I I I Reassessment Apportionment Report Reassessment District No. 2012-1 Amending Reassessment No. I 1050 City of Carlsbad Jarniay 2014 I I I I I Main Office Regional Office I 32605 Temecula Parkway, Suite 100 870 Market Street, Suite 1223 Temecula, CA 92592 San Francisco, CA 94102 Toll free: 800.676.7516 Toll free: 800.434.8349 I I I I I I I L I I I I I I I I 1 1 I I I I I I I I I TABLE OF CONTENTS APPORTIONMENT APPLICATION APPORTIONMENT OF REASSESSMENT PRIOR PARCEL MAP PROPOSED MAP NOTICE TO BONDHOLDER AMENDED REASSESSMENT DIAGRAM NOTICE OF AMENDED REASSESSMENT METHOD OF ASSESSMENT City of Carlsbad - Reassessment District No. 2012-1 Prepared by NBS - Amending Reassessment No. 1050 2 3 4 5 6 7 8 I APPORTIONMENT APPLICATION I I I I I I I I I I I I I I I I City of Carlsbad - Reassessment District No. 2012-1 Prepared by NBS - Amending Reassessment No. 1050 CITY OF CARLMSAD A APPORTIONMENT OF ASSESSMENT APPLICATION E-20 Development Services Land Development Engineering 1635 Faraday Avenue 760-602-2750 www.carlsbadca.gov REQUIRED SUBMITTAL ITEMS Please submit the required items to the Engineering Department counter at the address above. 1. This completed and signed application ne draft of the final map, parcel map, or plat Fee in the form of a check made payable to the City of Carlsbad (The fee amount maybe obtained from the City of Carlsbad apportionment manager at 760-602-2766.) (Ei000) Owner'slEnQlneer's Information Name: O'E6A £ps6J CIE R.R,1G Phone: I91LI1.9L1S Street Address:9517_(,Re.sjt.ip it_i&jpl tst i T_Ofl,LA t4S A E-mail:PArRI (. JR 0t4ft,AC.ISvg.IAuTh .L.pi ProDerty and District Information Assessment District Name and _LAIJ £_cAsr ,200 2 -01 (District information may be obtained from the City of Carlsbad apportionment manager at 760-602-2766.) Project ID (check one and provide the city's project ID): []Final Map DAdjustrnent Plat_____________________________________ Parcel Map MS 12-02 OCertificate of Compliance in Lieu of a Parcel Map Original Assessor Parcel Number(s):_2.13_262.'1('00 Number of New Parcels: _3 If the number of parcels will not change, provide the change in area of the parcels after apportionment: The undersigned, being the owner or interested party in the property, 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 5.5 of The Improvement Act of 1911, and said assessment is to be apportioned to each separate p,rt'of the original lot or parcel of land, the apportionate part of the amount remaining unpaid on the assess pnt thajwould have been levied thereon had the lot or parcel been so divided at the time of the original conflrmatjps(9fasse$ment. 0. Lq 1 '13 Date Print naThe To be completed by city personnel: SUBMITTAL COMPLETE. CHECKED BY DATE_____________ I E-20 I Page 1 of I ER-14-01 REV 12/08/2010 I I I 1 I I 2 I I I I Li I I I I I I I I APPORTIONMENT OF REASSESSMENT 2 City of Carlsbad - Reassessment District No. 2012-1 Prepared by NBS - Amending Reassessment No. 1050 I CITY OF CARLSBAD CITY OF CARLSBAD REASSESSMENT DISTRICT NO. 2012-1 AMENDING REASSESSMENT NO. 1050 Old APN Reassessment Number Acreage Original Reassessment New APN Reassessment Number Acreage(1) Building Square Footage(1) Original Reassessment 213-262-11-00 1050 9.210 $357,270.08 Parcel 1050-1 3.595 83,693 $135,683.46 Parcel B 1050-2 2.978 73,737 119,542.74 Parcel C 1050-3 2.628 N/A 102,043.88 Totals: 9.210 $357,270.08 Totals: 9.201 157,430 $357,270.08 (1) Per the original Engineer's Report, the spread between Parcels A, B, and C is based upon acreage. The spread for Parcels A and B is further spread based upon the building square footage of each parcel. flwnr nf Rrnrr 2013-262-11-00: Alps Innovation LLC Page 1 of 1 I I I I I 3 I I I I I I I I I I I PRIOR PARCEL MAP City of Carlsbad - Reassessment District No. 2012-1 Prepared by NBS - Amending Reassessment No. 1050 II II II Iii 16 = 1131 I' CONDO THE TOWERS AT BRES RANCH ( PHASE I OOC2007-066OO4 (SEE 541T 5) 0) CONDO E THE TOWERS AT BRESSI RANCH - I•h PHASE U SHT 4 r' 00C2007-0567829 CD (SEE SHT5) oh c' CONDO o THE TOWERS AT BRESSI RANCH 0 09 PHASE ID DOC2007-0667830 3 (SEE SHT 5) 4.20 AC SEE CONDO PLANS FOR BIROS & OCETS NO ACCESS 1 ( 5' ACCESS OPENING e SHT 2 >1 ftil v1 It zi 09 I ti I I Ji JH LOOKER AVE W rffSS S SAN DECO CEUN1Y ASSESSCf1'S hAp 1 213-26 S SHT 3OF5 ¶ i' = 200 / - Vf.4./iUUO 3CI V 4 8Y13A t.CC-C2A C ANC1 PAL 044R ~ ~ \ -_ tj __7 9. 20A C SHT 2 4. 2.5 AC SLATER PL 6 2 -, 1 12 '3W 6\... 14 SHT 1 FINNILA PL— ,3 (Di SHT 1 VILLAGE REEN DR 3* MAP 15630 — CARLSBAD TCT CT 06-20 THE TOWERS AT BRESSI RANCH MAP 14960—CARLSBAD TCT CT 02-15 I qA PROPOSED MAP I City of Carlsbad - Reassessment District No. 2012-1 Prepared by NBS - Amending Reassessment No. 1050 I I i NOTICE TO BONDHOLDER I I I I I I I I I I I I I I I City of Carlsbad - Reassessment District No. 2012-1 Prepared by NBS - Amending Reassessment No. 1050 I I IONBS 32605 Temecula Parkway, Suite 100 Temecula, CA 92592 I Toll free: 800.676.7516 (P) 951.296.1997 (F) 951.296.1998 nbsgov.com Stone & Youngberg LLC One Ferry Buildings San Francisco, CA 94111 NOTICE TO BONDHOLDER DIVISION OF LAND AND ASSESSMENT November 13, 2013 NOTICE IS HEREBY GIVEN to you as the original purchaser of the bonds issued by the City of Carlsbad to represent the unpaid reassessments relating to the construction and/or acquisition of certain public improvements in the reassessment district known and designated as "City of Carlsbad Reassessment District No. 2012-1." Said bonds were issued pursuant to the terms and provisions of the Improvement Bond Act of 1915, commencing with Division 10 of the Streets and Highways Code of the State of California. NOTICE IS HEREBY GIVEN that an apportionment has been made, as requested by a property owner within the reassessment district, relating to the reassessments and parcels as indicated by the attached Exhibit "A". 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 reassessments shall be recorded in the manner and form as required by law. If you have any questions, please contact the undersigned at (800) 676- 7516, or the following person at the City of Carlsbad: City of Carlsbad ATTN: Mr. Marshall Plantz Development Services 1635 Faraday Avenue Carlsbad, CA 92008 This procedure is required pursuant to the provisions of Part 10.5 of Division 10 of the Streets and Highways Code of the State of California and is being performed on behalf of the City of Carlsbad. Respectfully, c . Stephanie Parson Senior Consultant Attachment RA helping communities fund tomorrow EXHIBIT "A" CITY OF CARLSBAD CITY OF CARLSBAD REASSESSMENT DISTRICT NO. 2012-1 AMENDING REASSESSMENT NO. 1050 Old Reassessment New Reassessment APN Number APN Number 213-262-11-00 1050 Unassigned Parcel A 1050-1 Unassigned Parcel B 1050-2 Unassigned Parcel C 1050-3 Page lof 1 le~ 'I I AMENDED REASSESSMENT DIAGRAM [j I I I I I I I I I I I I I I I City of Carlsbad - Reassessment District No. 2012-1 Prepared by NBS - Amending Reassessment No. 1050 I flalonsr Aapon Rd - - - - - - - - - - - - - - - - - - - AMENDED REASSESSMENT DIAGRAM CITY OF CARLSBAD REASSESSMENT DISTRICT NO. 2012-1 CITY OF CARLSBAD COUNTY OF SAN DIEGO STATE OF CALIFORNIA 11141.I&L F ri: T.RSPCFT.:r. lAid 0' EI14 tZi,SFIrEjNl 2114-OrE' - -.YYIA Lc133:,.A ..• iCL. F3E CAi-JI:: COIJNTF.E .ADEIT' TF1TE TitlE 'L33 Al FILED IN THE OFFICE OF THE CITY CLEOK, CITY OF CARLSBAD, THIS /7 DAY OF.D 2SI CILERK CITY OF CARLSBAD / COUISIY iF SAN DIEGC U STATE OFCALIAORNIA LE IN THE OFF )CE OF THE SUPERINTENDENT OF STREETS THIS (Z DAY OF6- 203' S.JPERI 7 NTCR STREETS CITY OF CARLSBAD COUNTY O"SANOIEGO STATED; CALIFORNIA I YIN AMENDED REASSESSMENT DIAGRAM AMENDS THE REASSESSMENT DIAGRAM OF CITY 0 CARLSBAD RYASSESSMEIAT0ISTRICTNO 20'l2', CITY OF CARLSBAD, COUNTY OF SAN DIEGO. STATE OF CALIFORNIA. YtHICH dARN FRIOR RECORDED THE 28TH DAY Or JANUARY, 2013. IN BOO-A 43 AT PAGE 87, DOCUMENT NO 2013-000605OF BOOK OF MAPS OF ASSESSMENT AND COMMUETY FACILITIES DISTRICTS IN THE OFFICE OF THE COUNTY BrOOROER. COUNTY OF SAN DIEGO STATE IF CALIFORNIA. cpflYt4z AAS4, CITY CLERK f CITY OF CARLSBAD COUNTY OF SAN DIEGO STATE CA CALIFORNIA FILED THIS DAY OF 20_, AT IRE FOUR OF CI CLOCK _.M IN BOOK _,ATPAGEISI_.. . DOCUMENT:INSTRUMEN' lID CE MAPS OFASEESSNETAY AND CDTITAIUNIT'( FACILITIES DISTRICIS IN THE OFFICE OF THE COUNTY RECORDER OF -THE COUNTY OF SAN EGO, STATE OF -CALIFORNIA COUNTY RECORDER COUNTY CF SAN DIEGO CALIFORNIA BY: Illy _______________________ RECORDER DEPUTY RON PARTICU1AINS OF THE LIlIES AND DIMENSIONS OF ASSESSORS PARCELS, REFERENCE IS MADE TO IRE MAPS OF'HEASSESSOR 0' THE COUNTY OF SAN DIEGO PREVIOUS REASSESSMENT '5 AP,, REASSESSMENT NO. 213-262--11-00 - 1050 ICY TUASSEESCIEN' - NEW REASSESSMENT NT NO. APN~ 11-00 5(~ por.213-26 poT. 213-26Z-il-T 1050.-S Prepared by DDI 502 0.02 0 CA ON BS I I I I I I Li I I I I I 7 I I NOTICE OF AMENDED REASSESSMENT 7 I I City of Carlsbad - Reassessment District No. 2012-1 Prepared by NBS - Amending Reassessment No. 1050 I I I Recording requested by: City of Carlsbad c/oNBS 32605 Temecula Parkway, Suite 100 I Temecula, CA 92592 After recordation, return to: City of Carlsbad I do NBS 32605 Temecula Parkway, Suite 100 Temecula, CA 92592 THE ORIGINAL OF THIS DOCUMENT WAS RECORDED ON JAN 07, 2014 DOCUMENT NUMBER 2014-0007188 Ernest J. Dronenburg, Jr.. COUNTY RECORDER SAN DIEGO COUNTY RECORDER'S OFFICE TIME: 10:30 AM NOTICE OF AMENDED REASSESSMENT CITY OF CARLSBAD CITY OF CARLSBAD REASSESSMENT DISTRICT NO. 2012-1 AMENDING REASSESSMENT NO. 1050 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 Reassessment Diagram and Reassessment Roll were filed in the office of the Superintendent of Streets of the City of Carlsbad, as provided for in said Section 3114, and relating to the real property more particularly described on the Amended Reassessment Diagram filed in accordance with said Section 3114 on the 7 day of ttti..y ,20 IL. in Book '1I Page(s) 3 6 , Document No. 2°i1-ocx71 87 of Book of Maps of Assessment and Community Facilities Districts in the office of the County Recorder of the County of San Diego. — Said Amended Reassessment Diagram amends the City of Carlsbad Reassessment District No. 2012-1 Reassessment Diagram, City of Carlsbad, County San Diego, State of California filed on the 28th I day of January, 2013 in the office of said County Recorder in Book 43, at Page(s) 97, Document No. 2013-0057606 of Book of Maps of Assessment and Community Facilities Districts. NOTICE IS FURTHER GIVEN that upon the recording of this Notice in the office of said County I Recorder, the several Reassessments assessed on the lots, pieces and parcels as shown on said filed Amended Reassessment Diagram shall become a lien upon the lots or portions of lots assessed, respectively. I Reference is made to the Amended Reassessment Diagram and Reassessment Roll filed in the office of the Superintendent of Streets of the City of Carlsbad for the amount of each of the Amended Reassessments. I Exhibit "A" hereto attached, and by this reference incorporated herein, shows the parcels subject to the Amended Reassessments. DATED: 1)cCeflbe41' I , 20j. CITY CLERK CITY OF CARLSBAD STATE OF CALIFORNIA EXHIBIT "A" CITY OF CARLSBAD CITY OF CARLSBAD REASSESSMENT DISTRICT NO. 2012-1 AMENDING REASSESSMENT NO. 1050 Old Reassessment New Reassessment APN Number APN Number 213-262-11-00 1050 Unassigned Parcel A 1050-1 Unassigned Parcel B 1050-2 Unassigned Parcel C 1050-3 Owner of Record: Alps Innovation LLC Page 1 of 1 I I I I I I I I I I I I I I I I 1.] METHOD OF ASSESSMENT I I I I I City of Carlsbad - Reassessment District No. 2012-1 Prepared by NBS - Amending Reassessment No. 1050 11 City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 5 Part HI Assessment Roll and Method of Assessment Spread On February 17, 2004 the City Council of the City Of Carlsbad, Stat e o f C a l i f o r n i a , did, pursuant to the provisions of the Municipal Improvement Act of 1 9 1 3 , (Division 12 of the Streets and Highways Code of the State of Calif o r n i a ) , A r t i c l e XIIID of the Constitution of the State of California, and the Propositi o n 2 1 8 Omnibus Implementation Act (Section 53750 and following of the G o v e r n m e n t Code) (collectively, the "Assessment Law"), and in accordance wit h C i t y o f Carlsbad Policy 33, adopt its Resolution of Intention No. 2004-057, for acquisition or construction of certain public improvements, together with ap p u r t e n a n c e s a n d appurtenant work in connection therewith, in a special assess m e n t d i s t r i c t k n o w n and designated as: ASSESSMENT DISTRICT NO. 2002-01 (POINSETTIA LANE EAST) (hereinafter referred to as the "Assessment District); and WHEREAS, said Resolution of Intention, as required by the As s e s s m e n t L a w , did direct the Assessment Engineer to make and file a "Report", c o n s i s t i n g o f t h e following as required by Section 10204 of the Act: Plans and specifications for the improvements proposed to be acq u i r e d o r constructed in sufficient detail to show or describe the general nature , l o c a t i o n and extent of the improvements; A general description of the improvements proposed to be acqui r e d a n d a n y property necessary or convenient for the operation of such impr o v e m e n t s ; An estimate of the cost of the improvements and the costs of lands , r i g h t - o f - way, easements, and incidental expense in connection with the improv e m e n t s ; Assessment Diagram showing the Assessment District exterior b o u n d a r i e s , the boundaries of any benefit areas within the district and the lin e s a n d dimensions of each parcel within the district and the benefit are a s therein existing at the time of the adoption of the resolution of In t e n t i o n ; A proposed assessment of the costs and expenses of the improv e m e n t s levied upon the parcels within the boundaries of the Asse s s m e n t District in proportion to the estimated special benefits to b e r e c e i v e d b y each subdivision of property from the improvements;' Prepared by Galen N. Peterson March 29, 2004 I I. I I I I I I I I I City of Carlsbad - Assessment District No. 200201 (Poinsettia Lane East) Page 6 f. The proposed maximum annual assessment to be levi e d u p o n e a c h subdivision or parcel of land within the Assessment District s p e c i a l l y benefiting from the improvements and for which the as s e s s m e n t i s unpaid to pay the costs incurred by the City. and not otherw i s e reimbursed resulting from the administration and collectio n o f assessments or from the administration and registration of any a s s o c i a t e d bonds and reserve or other related funds. For. particulars, reference is made to the Resolution of Intent i o n a s p r e v i o u s l y adopted a copy .f which is included in Appendix "A" of this R e p o r t . NOW, THEREFORE, I, GALEN N. PETERSON, pursu a n t t o t h e A s s e s s m e n t Law, do hereby submit the following: Pursuant to the provisions of Assessment Law and the R e s o l u t i o n o f Intention, I have assessed the costs and expenses of the a c q u i s i t i o n o r construction of the improvements upon the parcels of land in t h e Assessment District specially benefited thereby in direct pro p o r t i o n a n d relation to the estimated special benefits to be received b y e a c h o f . said parcels from the improvements. For particulars as to t h e identification of said parcels, reference is made to the A s s e s s m e n t Diagram, a copy of which is attached hereto. ) As required by Assessment Law, a Diagram is attached, sh o w i n g t h e Assessment District and the benefit areas therein, as well as t h e boundaries and dimensions of the respective parcels a n d subdivisions of land within said District and the benefit a r e a s t h e r e i n a s the same existed at the time of the passage of said Resolut i o n o f Intention, each of which subdivisions of land or parcels or l o t s respectively have been given a separate number upon said D i a g r a m a n d i n said Assessment Roll. The subdivisions and parcels of land, the numbers therein as s h o w n o n t h e respective Assessment Diagram as attached hereto, corre s p o n d w i t h t h e numbers as appearing on the Assessment Roll as containe d h e r e i n . NOTICE IS HEREBY GIVEN that bonds will be issued in a c c o r d a n c e w i t h Division 10 of the Streets and Highways Code of the St a t e o f California (the "Improvement Bond Act of 1915"), to repre s e n t a l l u n p a i d assessments, which bonds shall be issued not to excee d t h e l e g a l maximum term as authorized by law, i.e., THIRTY-NINE ( 3 9 ) Y E A R S from the 2nd day of September of the next succeeding tw e l v e ( 1 2 ) m o n t h s from the date of the bonds. Said bonds Shall bear interest at. a r a t e n o t t o exceed the current legal maximum rate of 12% per ann u m . Prepared .by Galen N. Peterson . March 29, 2004 E I I I I I I I I City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane Ea s t ) Page 7 5. By virtue of the authority contained in the Assessment Law and b y further I direction and order of the legislative body, I hereby recommend t h e following Assessment to cover the costs and exp e n s e s o f t h e acquisition or construction of the improvements for t h e A s s e s s m e n t I District based on the costs and expenses as set f o r t h below: As Preliminarily As Finally I Approved Approved and Confirmed Construction and incidental Costs less $ 34,995,291.23 $ 34,995,291.23 I General Benefit (1) Formation and Issuance Expenses 1,288,417.00 1,288,417.00 I Loss Special Benefit Contributions (1,930,891.12) (1,930,891.12) Less Interest Earned Capitalized Interest and Financing Costs 7.413.52586 7,413,525.86 I Total Assessment (2) $ 41,766,342.97 $ 41,766,342.97 Subtotal Benefit Area No. 1 (2) $ 29417,441.97 $ 2 9 , 4 1 7 , 4 4 1 . 9 7 Subtotal Benefit Area No.2 (2) $ 12,348,901.00 $ 1 2 , 3 4 8 , 9 0 1 . 0 0 I Total Assessment (2) $41,766,342.97 $41,766,342.97 I} For particulars as to the individual assessments and th e i r d e s c r i p t i o n s , reference is made to Exhibits 2 and A attached hereto. I (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 I developers as a deduction from the purchase price for i m p r o v e m e n t s to be acquired and not reimbursed from bond proceeds. 1 (2) included in the total assessment are projected individua l 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 subdMsion of the existing parcels within, the Assessm e n t D i s t r i c t . I Assessments apportioned to such parcels upon the c r e a t i o n t h e r e o f will be contributed by the developers either as a deduction from the purchase price for improvements to be acquired and no t r e i m b u r s e d I from bond proceeds or, if the purchase price for all improvements has been paid at the time of creation of any such parcel, b y a c a s h contribution equal to the amount necessary to pay off any such I assessment. Prepared by Galen N. Peterson March29, 2004 I City of Carlsbad - Assessment District No. 2002-01 ( P o i n s e t t i a L a n e E a s t ) Page 8 Summary of Developer Contributi o n s t o O f f - S e t General Benefit and Special Benef i t A s s e s s m e n t s Bressi La Costa Ranch Greens (Benefit (Benefit Area No. 11 Area No. 2) Total General Benefit Poinsettia Lane - Segment 1, Street $219,539.28 $ 193,460.72 $ 413,000.00 Improvements Poinsettia Lane - Segment 2, Street $ 92,493.55 $ 81,506.45 $ 174,000.00 Improvements El Fuerte - Street improvements .381,3Q0Q L 381,360.00 Total General. Benefit $ 693,392.82 $ 274,967.18 $ 968,360.00 ' Siecial Benefit * Parcels Owned bv.Pubftc Agencies. NonProfit Organizations and Home Owners Association (.1) 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 o w n e d b y P u b l i c A g e n c i e s , N o n - P r o m Organizations or Home Owners Associations are identifie d i n A p p e n d i x F a n d the special benefits of these parcels w i l l b e a p p o r t i o n e d a t t h e t i m e o f subsequent subdivision of existing par c e l s . T h e a s s e s s m e n t s f o r t h e s e f u t u r e parcels will be contributed by the develo p e r s e i t h e r a s a d e d u c t i o n f r o m t h e purchase price for improvements to b e a c q u i r e d a n d n o t r e i m b u r s e d from bond proceeds or, if the purchase price for all improvements h a s b e e n p a i d a t the time of creation of any. such parcel , b y a c a s h c o n t r i b u t i o n e q u a l t o t h e ' amount necessary to pay off any such as s e s s m e n t 6. The Method and Formula of Spre a d o f A s s e s s m e n t i s as set forth in Exhibit "A", which is attached hereto, r e f e r e n c e d a n d s o i n c o r p o r a t e d I I Prepared by Galen N. Peterson . , March 29, 2004 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 'S 1,487,685.30 $ 1,487,685.30 3 Planned Industrial $ 2,832,724.07 $ 2,832,724.07 4 Planned Industrial $ 2,619,264.43 $ 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 7 Single Family Development $ 1,526,810.49 $ 1,526,810.49 8 Single Family Development $ 2,417,449.94 $ 2,417,449.94 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 12 Single Family Development & HOA $ 2,319,874.24 $ 2,319,874.24 13 Church, Day Care & School $ 1,250,040.18 $ 1,250,04016 14 Planned Industrial ' . $ 74,891.03 $ 74,691.03 15 RsM, ovo mwanoy Aumm Ubi'iQ, sop I Gà oib O.n Sø.c. $ 5,748,853.07 $ 5,746,853.07 16 Open Space (OS) $ $ - 17 05 (Assmnt Contributed by Developer) $ - $ 18 Open Space (OS) S. -, $ - .19 Open Space (OS) $ - $ - 20 Open Space (OS) $ - $ 21 Open Space (OS) . $ - $ - 22 $ 1,127,846.77 $ 1,127,846.77 23 Open Space (OS) $ - $ - 24 Park (Assm'nt Contributed by Developer) $ - $ - 25 Single Family Development & School $ 3,053,281.02 $ 3,053,281.02 28 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 $ 2,748,881.05 $ 2,746,881.05 30 . Open Space (OS) ' $ 31 Single Family Development $ 512,387.88 $ 5t2,387.86 32 HOA (Assm'nt Contributed by Developer) $ - $ - 33 Multifamily (Affordable) (Aum'nt Conthbuted by Developer) $ - $ - 34 Tovmhome/Singte Family 0ev $ 2,550,554.95 $ 2,550,554.95 35 Open Space (OS) $ - $ 36 Open Space (OS) $ - $ - 37 HOA (Asam'nt Contributed by Developer) $ 38 Open Space (OS) $ - $ 39 OS (Assm'nt Contributed by Developer) $ • $ - Total $ 41,768,342.97 $ 41,768,342.97 I I I I I I City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 9 I Prepared by Galen N. Peterson March 29, 2004 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, t h e Assessment Law requires that assessments be based on the special b e n e f i t t h a t the properties receive from the improvements, in addition, the Assessment Law 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, only special benefits are assessable and the local agency levying the assessment mu s t separate the general benefits from the special benefits. All publicly own e d property must be assessed if it specially benefits from the improve m e n t s . The Assessment Law does not specify the method or formula that shoul d b e used to apportion the costs to properties in any special assessment d i s t r i c t proceedings. The responsibility for recommending an apportionment of the co s t s t o properties, which specially benefit from the improvements rests with the Assessment Engineer, who is appointed for the purpose of making an an a l y s i s o f the facts and determining the correct apportionment of the assessment o b l i g a t i o n . In order to apportion the assessments to each parcel in direct proportion w i t h t h e special benefit which it will receive from the improvements, an in-depth a n a l y s i s has been completed and is used as the basis for apportioning costs to eac h property within the Assessment District as explained below. Based upon an analysis of the special benefit to be received by eac h p a r c e l from the improvements, the Assessment Engineer recommends the apportionment of costs as outlined herein. The final authority and action re s t s w i t h the City Council after hearing all testimony and evidence presented at a publi c hearing, and the tabulation of the assessment ballots previously mailed to all r e c o r d owners of property within the Assessment District. Upon the conclusion of th e p u b l i c hearing, the City Council must make the final determination whether or no t t h e assessment spread has been made in direct proportion to the special b e n e f i t s to be received by each parcel within the Assessment District. Assessment b a l l o t tabulation will be finalized at that time and, if a majority of the assessm e n t b a l l o t s received prior to the close of the public hearing weighted by assessment a m o u n t 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 gener a l benefits, and set forth the methodology used to apportion the costs of the improvements providing special benefits to each parcel, and confirm tha t t h e 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 an d Prepared by Galen N. Peterson March 29, 2004 I City of Carlsbad -Assessment District No, 2002.01 (Poinsettia Lane East) Page tI incidental expenses. Roadway improvement costs are spread o n v e h i c l e a v e r a g e daily trip (ADfl generation. Potable water, sewer and dry uti l i t y c o s t s a r e s p r e a d on an equivalent dwelling unit (EDU) basis. Recycled water co s t s a r e s p r e a d t o the roadway and specific parcels based on the amount of r e c y c l e d w a t e r u s e d f o r the irrigation of each roadway and specific parcel. The inciden t a l e x p e n s e s h a v e been based, on either the actual cost to each component of t h e i m p r o v e m e n t s o r i f the incidental costs apply to all such components then to t h e p r o r a t e d c o n s t r u c t i o n cost of each such component. Because some of the assessor parcel boundaries do not coinci d e w i t h t h e V i l l a g e Planning Areas or Neighborhoods, some initial assessment s w i l l b e p l a c e d i n aggregate on multiple assessor parcels until final maps are re c o r d e d a n d t h e n e w assessor parcels coincide with the Village Planning Areas o r N e i g h b o r h o o d s a s applicable. The procedure of identifying and apportioning special benefit t o t h e l a n d u s e s a n d 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 Compon e n t s A4 Backbone Recycled Water Improvement Components A-4 Backbone Dry Utilities Improvement Components A-5 Incidental Expenses Components S. Special Benefits General Benefits Proportioning Special Benefits D-I Land Use Categories D-2 Proportionate Special Benefit of Roadway Improvements 0.3 Proportionate Special Benefit of Utility Improvements D-4 Proportioning Formation, Issuance and Financing Costs Prepared by Galen N.. Peterson' March 29, 2004 City of Carlsbad - Assessment District No. 200241 (PoinsettIa Lane E a s t ) Page 12 E. Proclamations E-1 Assessments Equal to or Less Than the Proportional Special B e n e f i t s E-2 Reasonableness and Justification of Assess m e n t s E-3 Future Apportionment A. IDENTIFICATION OF BENEFIT COMPONENT S The improvements to be acquired or constructed by t h e C i t y f r o m t h e p r o c e e d s o f bonds issued for each benefit area of the Assessm e n t D i s t r i c t a r e n e c e s s a r y f o r development of the Assessment District parcels and a r e r e q u i r e d b y t h e V i l l a g e s o f La Costa (The Greens) and by the Bressi Ranch M a s t e r P l a n s a n d t h e conditions of development as set forth in the land u s e e n t i t l e m e n t s a p p r o v e d by the City for each benefit area. Without the impr o v e m e n t s , t h e p a r c e l s w i t h i n . the Assessment District cannot be developed to th e i r p l a n n e d u l t i m a t e u s e s pursuant to such land use entitlements. ItIS unfeasible and impractical for the parcels to be UtjhZ5d to their highest and beet use without the backbone roadways and utilities th a t w i l l b e f u n d e d b y t h e Assessment District A-I Backbone Roadway Improvement Components The foremost purpose of the Assessment District i s t o p r o v i d e f i n a n c i n g f o r t h e backbone road access so the Assessment District p a r c e l s c a n b e developed. The most significant and costly impro v e m e n t i s t h e w o r k associated with the road construction. The road const r u c t i o n h a s c r e a t e d t h e need to relocate sewer mains and utilities, re-establish habitat areas, and install landscaping to protect the roadway slopes. The r o a d c o n s t r u c t i o n h a s also created the need to construct storm drains to pro t e c t t h e r o a d w a y a n d t o relocate other facilities and provide mitigation areas t h a t w o u l d n o t h a v e otherwise been necessary if the road was not con s t r u c t e d . T h e r o a d a n d associated costs have been placed into one road w a y i m p r o v e m e n t c o m p o n e n t for the purpose of defining the roadway costs and app o r t i o n i n g s p e c i a l b e n e f i t . A percentage of the cost of the backbone recycled water distribution system . has been spread in the same manner as the roadwa y e x p e n s e s . T h i s p o r t i o n of the -recycled water system improvements will pro v i d e a n i r r i g a t i o n w a t e r system for the roadway landscaping. The roadway improvement component includes: P o i n s e t t i a L a n e , E l F u e r t e , E l Camino Real, relocation of utilities, establishme n t o f h a b i t a t m i t i g a t i o n areas, and a portion of the recycled water system to s e r v e t h e r o a d w a y landscaping. . I Prepared by Galen N. Peterson . March 29, 2004 I City of Carlsbad -Assessment District No. 2002-01 (Poinsettia Lane East) Page 13 A-2 Backbone Potable Water and Sewer Improvement Compone n t s I Coincidental to the roadway improvements is the necessity to constru c t c e r t a i n backbone utility improvements within the roadway right of way conc u r r e n t l y with construction of the roadway improvements. These improve m e n t s c o n f e r a I different special benefit to the properties than the special benefit co 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 relocated facilities for the roadway costs) have been separated into we t u t i l i t y components for purposes of defining special benefits and allocating t h e c o s t s I of such components. A-3 Backbone Recycled Water improvement Components I Coincidental to the roadway improvements is the necessity to constru c t c e r t a i n backbone recycled water improvements within the roadway right of w a y I concurrently with construction of the roadway improvements. A p e r c e n t a g e o f these improvements confer a different special benefit to the pro p e r t i e s t h a n the special benefit conferred by the roadway improvements based o n w h e r e I the recycled water will be used. The recycled water facilities have b e e n separated into a separate component for purposes of defining spec 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 constru c t c e r t a i n I backbone dry utility improvements within the roadway right of way concurre n t l y with construction of the roadway improvements. These improvemen 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 I the roadway improvements. Therefore the dry utilities have been s e p a r a t e d into a separate component for purposes of defining special benefits 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 construction administration and Assessment District formation expenses. These c o s t s include, but are not limited to: construction administration, constru c t i o n supervision, design, testing, surveying, assessment engineering, a u d i t o f I acquisition costs, financial advisors, appraisals, bond counsel, underw r i t i n g , official statement printing, financing cost and establishment of a bon d r e s e r v e fund. The costs of the formation of the Assessment District, includi n g t h e c o s t s I of issuance, have been determined to be eligible for inclusion a n d a r e included in the Assessment District incidental costs. Some of these co s t s c a n I . be assigned directly to one of the benefit components as shown in Appendix NE". Other costs that cannot be assigned directly to one of the benefit 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 numb e r i n a c c o r d a n c e with that assessment number's share of the construction c o s t . SPECIAL BENEFITS The purpose of this Assessment District is to fund the co n s t r u c t i o n a n d acquisition of public improvements required to serve the As s e s s m e n t D i s t r i c t parcels. Special benefit is received by each parcel withi n t h e b o u n d a r i e s o f t h e Assessment District from new roadway access and the ava i l a b i l i t y o f u t i l i t y services that are required and necessary for the properties t o d e v e l o p t o t h e i r h i g h e s t and best use in accordance with and as permitted by the approv e d l a n d u s e entitlements. The improvements to be constructed and/or acquired by th e D i s t r i c t I accommodate the planned development within the Assess m e n t D i s t r i c t a r e a i n accordance with the approved land use entitlements. The V i l l a g e s o f L a C o s t a ( T h e Greens) and the Bressi Ranch Specific Plan environme n t a l d o c u m e n t s a n d t h e I Tentative Map identify the need for access and utilities, a n d p l a c e c o n d i t i o n s upon the parcels within the Assessment District to provid e t h o s e i m p r o v e m e n t s . The Assessment District Improvements satisfy the conditi o n s o f d e v e l o p m e n t b y I ... providing access and backbone utilities so the projects c a n s u p p o r t t h e i r p l a n n e d uses. Without the improvements, the parcels within the A s s e s s m e n t D i s t r i c t c o u l d not be developed to their planned and conditionally ap p r o v e d u s e s . I . The special benefit conferred on the parcels within the As s e s s m e n t D i s t r i c t f r o m the proposed improvements include: increased developm e n t p o t e n t i a l , r e l i e f f r o m . access constraints, improved accessibility to utilities, fu l f i l l m e n t o f d e v e l o p m e n t ...,.,,,access conditions and ensured investment returns. The special b e n e f i t t o e a c h p a r c e l i s such that the parcels will be allowed to gain access to a p u b l i c s t r e e t n e t w o r k a n d I 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 subdivi d e d a n d s e r v e d b y t h e improvements to be constructed. Since some of the areas w i t h i n t h e A s s e s s m e n t District have not been subdivided into individual l o t s a t t h i s t i m e , t h e I . assessments will be placed in aggregate on one or m o r e e x i s t i n g a s s e s s o r parcels and apportionment of the assessments will take p l a c e a s f i n a l m a p s r e c o r d . GENERAL BENEFITS Some public improvements will confer general benefit t o p r o p e r t i e s o r t h e p u b l i c a t ' large outside the Assessment District. In making an analy s i s , a r e v i e w w a s conducted of the surrounding areas. The review resulte d i n i d e n t i f y i n g g e n e r a l benefits that accrued to properties outside the Assessme n t D i s t r i c t . 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 , P o i n s e t t i a Lane did not exist east of El Camino Real. Four lanes are propos e d t o b e constructed. Two lanes are required to serve the estimated volum e o f t r a f f i c generated by the Assessment District parcels. Two center lane s ( o n e i n e a c h direction) are required for through traffic originating outside of the A s s e s s m e n t District. The costs associated with the construction and placement o f t h e a s p h a l t and base for the two center lanes have been determined to b e a g e n e r a l benefit and will not be assessed to parcels within the Assessment D i s t r i c t . El Fuerte Street is designated as a secondary arterial roadway and w i l l b e constructed from Palomar Airport Road south to connect to the e x i s t i n g t e r m i n u s of El Fuerte Street at the southerly boundary of Bressi Ranch. Four l a n e s a r e proposed to be constructed. Two lanes are required to serve t h e e s t i m a t e d ' volume of traffic generated by the Assessment District parcels . T w o c e n t e r lanes (one in each direction) are required for through traffic origi n a t i n g o u t s i d e o f the Assessment District. The costs associated with the constructi o n a n d placement of the asphalt and base for the two center lanes have b e e n determined to be a general benefit and will not be assessed to par c e l s w i t h i n t h e Assessment District. - Based on the estimated roadway construction costs, the cost o f t h e r o a d w 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 gradi n g b e n e a t h the two center lanes of each roadway benefits the Assessme n t D i s t r i c t because it provides lateral support to the Assessment District pa v e d l a n e s . T h i s grading can not be eliminated from the overall roadway grading witho u t constructing retaining walls that would unreasonably increase the As s e s s m e n t District cost. Therefore all of the Poinsettia Lane and El Fuerte Street g r a d i n g provides special benefit to the Assessment District Properties. Q. PROPORTIONING SPECIAL BENEFITS 04 Land Use Categories The following land use categories are included in the Assessment D i s t r i c t : ' planned industrial, business park, community retail, office, single-f a m i l y detached and single-family attached residential, apartments (afforda b l e housing), assisted living, daycare center, boys and girls club, church , s c h o o l , . home owners association recreation areas, park and open space. Except for the irrigated areas in Assessment Numbers 17 a n d 3 9 (Village Green 08-2 and open space lot 34), the non-active an d undeveloped open space areas do not receive special benefit f r o m t h e works of improvements and will not be assessed. Open space a r e a s a r e those areas that are deeded or perpetually designated in e a s e m e n t s . Prepared by Galen N. Peterson March 29, 2004 I City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 16 0-2 Proportionate Special Benefit of Roadway improve m e n t s Trip Generation Factors for Roadway Improvements The use of and need for roadway improvements is a functio n o f t h e number of vehicle trips per day generated by the use o f t h e l a n d served by the streets. Traffic engineers have develop e d t r a f f i c generation factors, which are related to development densi t y a n d t y p e of land use. Therefore, trip generation is an appropriate b a s i s f o r apportioning roadway improvements and related costs am o n g t h e specially benefited parcels. The trip generation factors will b e e s t i m a t e d from the July 1998, SANDAG Trip Generation Manual and w e i g h t e d a s explained below. SANDAG categorizes trips as primary, diverted and pass-by . T h i s analysis uses only the primary trip percentages for the no n - r e s i d e n t i a l land use categories to avoid double counting of the resid e n t i a l t r i p s . Single Family Detach ed Trip Generation The Average Daily Trips (ADT) per detached single-famil y d w e l l i n g i s 1 0 ADT. The Assessment District single-family dwelling prod u c t t y p e s a r e similar to the SANDAG study areas. Single Family Attached Trip Generation . ) The Average Daily Trips per attached dwelling unit or for a c o n d o m i n i u m I unit is 8 ADT. Affordable Housing (Bressi Ranch) Trip Generation I The Average Daily Trips for each affordable housing uni t , b a s e d o n t h e formula In footnote R of the 1898 SANDAG Trip Generation M a n u a l , i s 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, b a s e d o n t h e I . 1.998 SANDAG Trip Generation Manual for apartments, is 6 A D T . Assisted LivingTrio Generation The Average Daily Trips for each assisted living room, ba s e d o n 1 9 9 8 I . SANDAG Trip Generation Manual for congregate care facilit y , i s 2 A D T . Industrial Trip Generation I . . The Average Daily Trips for industrial park is 80 ADT per n e t a c r e . T h e primary trip percentage for industrial park is .79%. 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 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 Trio 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 Trio Generation ' The Average Daily Trips for an elementary school is 60 ADT per net acr e . The primary trip percentage for an elementary school site is 57%. ' Church Trio Generation The Average Daily Trips for a church is 30 ADT per net acre. The primar y trip percentage for a church site is 64%. I Day Care Triø 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 a t 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 (8 0 .times 43,56011,000 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 HomeOwners Association Recreation Areas Trio Generation The Average Daily Trips generation for the home owner's associati o n (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. 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. Pak 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%. ............ 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 th e Assessment District boundaries indicates that their impact on, henc e their special benefits from, the roadway improvements are not u n i f o r m and should be weighted. The results of a study performed by U r b a n Systems, Inc. shown at the end of Appendix "F indicates that the relative weighting for industrial and commercial land use compared t o residential land uses on each roadway improvements is as follow s : 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 discuss 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 roadw a y improvements were allocated only to the assessment numbers that specially benefit from such roadway improvements as set forth bel o w : Poinsettia Lane - Poinsettia Lane roadway costs specially benefit all assessment numbers in the Assessment District. Therefore, Poinse t t i a L a n e I roadway costs were allocated to all assessment numbers based on the AOl 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 I through 21 based on the AOl generation I factors and weighting applicable to El Fuerte. I El Camino Real (Bresil 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 w e r e allocated only to assessment numbers I through. 21 based on the A O l I generation factors and weighting applicable to El Camino Real (Bressi R a n c h portion). I El Camino Real (Greens portion) - El Camino Real (Greens portion) roadway costs specially benefit only assessment numbers 22 through 3 9 . I Prepared by Galen N Peterson . March 29, 2004 Land Use . Potable Water and Sewer Usa as Single Family Detached 550 gallons / day Single Family Attached . 250 gallons / day Non Residential 2,300 gallons / 10,000 SF /day I Li I E I Li City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 19 Therefore, El. Camino Real (Greens portion) roadway costs were allo c a t e d I only to assessment numbers 22 through 39 based on the AOl ge n e r a t i o n factors and weighting applicable to El Camino Real (Greens portion). I D-3 Proportionate Special Benefit of Utility improvements I The most pertinent and reasonable utlity improvement special b e n e f i t variable is average daily demand. The detached single family hom 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 water and sewer usage is shown below: A single family detached unit has been assigned an equivalen 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/ Unit Non Residential 4.2 EDU / 10,000 SF The City of Carlsbad Water Master Plan estimates water dema n d f o r park as .2.5 acre-foot per acre per year. This translates to 2,230 gall o n s per acre per day (2.5 x 43.560 x 7.48/365). Potable water demand f o r park is estimated as 10% of the demand for recycled water for i r r i g a t i o n , resulting in 0.4 EDU per acre (0.1 x 2,230/550) of parkland. Prepared by Galen N. Peterson .. . March 29, 2004 City of Carlsbad - Assessment District No 2002.01 (Poinsettia Lane East) Page 20 Homeowner association (HOA) tots water usage was e s t i m a t e d b a s e d o n the characteristics of the parcels and their expected lan d u s e . T h e H O A lots 47, 48 and 49 within Benefit Area No. 2 were ass i g n e d 2 . 4 1 , 2 . 0 8 and 1.43 EDU per site, respectively. The three HOA a r e a s i n P l a n n i n g Areas 9, 10 and 12 and the Village Green area (08-2) wi t h i n B e n e f i t Area No. I were assigned 3.8 EDU. The Village Squ a r e a r e a i n Planning Area 15 within Benefit Area No. I was assigne d 1 . 0 E D U . - The Assessment Diagram identifies two benefit zones fo r s e w e r I improvements. Sewer Zone A includes all of the Assessme n t D i s t r i c t p a r c e l s that benefit fràm the sewer improvements. Sewer Zone B i n c l u d e s t h e remaining Assessment District parcels that do not ben e f i t f r o m t h e s e w e r I improvements. The water and sewer costs for new facilities (sewer reloc a t i o n r e l a t e d t o the construction of the road was allocated with the St r e e t c o s t s ) r e l a t e d I to each street segment were allocated only to the ass e s s m e n t n u m b e r s that specialty benefit from such water and sewer co s t s a s s e t f o r t h . below: . I Poinsettia Lane Segment I - Poinsettia Lane Segment I water costs specialty benefit only assessment numbers 22 through 3 9 . T h e r e f o r e , I . Poinsettia Lane Segment I water costs were allocated onl y t o a s s e s s m e n t numbers 22 through 39 based on the applicable EDU fac t o r s . I Poinsettia Lane Segment 2— Poinsettia Lane Segment 2 w a t e r c o s t s specially benefit only assessment numbers I through 2 1 . T h e r e f o r e , Poinsettia Lane Segment 2 water costs were allocated only t o a s s e s s m e n t I numbers I through 21 based on the applicable EDU facto r s . El Fuerte - El Fuerte water costs specially benefit only assessment nu m b e r s I I through 21. Therefore, El Fuerte water costs were alloca t e d o n l y t o assessment numbers I through 21 based on the applicabl e E D U f a c t o r s . I El Camino Real (Bressi Ranch portion) - El Camino Real (Bressi Ranch portion)water costs specialty benefit only assessment n u m b e r s I t h r o u g h 21. Therefore, El Camino Real (Bréssi Ranch portion) w a t e r c o s t s w e r e allocated only to assessment numbers I through 21 based o n t h e a p p l i c a b l e I EDU factors. El Camino Real (Greens portion) - El Camino Real (Greens portion) water costs specially benefit Only assessment numbers 22 throu g h 3 9 . T h e r e f o r e , El Camino Real (Greens portion) water costs were alloc a t e d o n l y t o assessment numbers 22 through 39 based on the applica b l e E D U f a c t o r s . Prepared by Galen N. Peterson March 29, 2004 1 I I P~ City of Carlsbad - Assessment District No. 2002-01 (Poinsettia La n e E a s t ) Page 21 Sewer costs benefit only assessment numb e r s i n S e w e r Z o n e A , a s s h o w n on the Assessment Diagram. Therefore, sew e r c o s t s f o r e a c h r o a d s e g m e n t were allocated to the respective assessment n u m b e r s t h a t t h e w a t e r w a s allocated to, but only to parcels within Sewer Z o n e A b a s e d o n t h e a p p l i c a b l e EDU factors. There was no assessment for s e w e r c o s t s t o t h e a s s e s s m e n t numbers in Sewer Zone B, as shown on the As s e s s m e n t D i a g r a m . Summary of Special Benefit Factors Land Use Category Roadway_Improvements Utilities - ADT Primary Trip %Applied1 Adjusted ADT EDUs Single Family 10 / DU Detached - 10/ DU 1.0 IOU Single Family. 8/ DU Attached - 8/ DU 0.5 / DU Affordable Housing 6.4 / DU (Bressi Ranch) - 6.4 / DU 0.5 / Dli Apartment (Affordable 6/ DU Housing) - 6/ Dli 0.5/ DU Assisted Living 2/ Room - 2/ Room 4.2/ lOksf Industrial 80/AC 79% 63/AC 4.2 11 Oksf Community Retail 40/1,000 SF 45% 18/1,000 SF 4.2/l0ksf Office 7/1,000 SF 82% 611,000 SF 4.2/ 10ksf School 60/ AC 57% 34/AC 4.2/ lOksf Church 30 / AC 64% 19 / AC 4.2/ l0ksf Day Care 80/1,000 28% SF 97.4 / AC 4.2110ksf Boys & Girls Club 90/AC 52% 47/AC 4.2/10ksf Homeowners Association Rec Areas 5/AC . 25% 1.25 lAG and per site 4.21 10ksf 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 dire c t l y b e t w e e n o r i g i n a n d p r i m a r y 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 p r o v i d e irrigation water to (i) medians, parkways, and adjacent roadway slopes (in and adjacent to the public streets and public easements) (ii) lands c a p e d slopes and pocket parks within the home owners association open spac e areas (iii) landscaped areas of the public park (iv) landscaped areas o f t h e school (v) landscaped areas of the private school and (vi) landscaped a r e a s 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 multip l i e d times the cost of the recycled water system to arrive at the cost to be app l i e d 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 th e assessment numbers that specially benefit from the roadways. The resulti n g 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 th e 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 (li m i t e d 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 base d o n EDU factors using the same methodology and, except as noted bel o w , t h e same factors as were used in allocating water costs. Due to the unique characteristics of the home owner association Jots, the following dry utilities EDU factors were used for these lots: The HOA tots 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. I 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 D i s t r i c t Prepared by Galen N. Peterson March 29, 2004 I I I 1 I I I I I City of Carlsbad - Assessment District No. 200201 (Poinsettia Lane East ) Page 23 funding. Some of the incidental costs can be assigned d i r e c t l y t o o n e o f t h e benefit components as shown in Appendix "E". Thes e c o s t s t h a t c a n n o t b e assigned directly to any one of the benefit components a n d t h e r e f o r e h a v e been separated into a separate component for purposes o f d e f i n i n g s p e c i a l benefits and allocating costs on a pro-rata basis relati v e t o t h e improvement costs associated with each parcel a s s h o w n i n T a b l e I o f Appendix F. The financing costs (bond discount an d b o n d r e s e r v e ) , including capitalized interest, have also been asse s s e d o n a p r o - r a t a basis relative to the improvement costs associated w i t h e a c h p a r c e l . E. PROCLAMATIONS E-1 Assessments are equal to or loss than the proportional speci a l benefit each parcel receives The special benefit received from the Assessment Distr i c t i m p r o v e m e n t s exceeds the assessment allocated to each parcel. The i m p r o v e m e n t s p r o v i d e d will increase the value of each parcel by more tha n t h e a s s e s s m e n t l e v i e d upon it. To ensure that the assessments will be equal to o r l e s s t h a n t h e proportional special benefit conferred, a review was m a d e o f s i m i l a r properties in the vicinity. Comparison of recent sales r e c o r d s i n d i c a t e d t h a t the average price per square foot of raw land increased i n a n a m o u n t g r e a t e r than the costs of the assessments per square foot a f t e r b a c k b o n e roadway and utility improvements were in place. E-2 Reasonableness and Justification of Assess m e n t s It is well known and understood by the development c o m m u n i t y t h a t p u b l i c infrastructure is required for raw land to develop to i t s h i g h e s t a n d b e s t u s e . After the passage of Proposition 13 and Assembly Bill 1 6 0 0 , d e v e l o p e r s a n d investors realize that they must provide the public i n f r a s t r u c t u r e t o support their developments without burdening exi s t i n g p r o p e r t i e s . T h e Assessment District improvements are estimated to a d d 7 % o r m o r e v a l u e to each parcel's overall value. A review of other develop m e n t s h a s s h o w n that this percentage is consistent with the costs of p r o v i d i n g b a c k b o n e access and utilities to raw land in similar developments. Therefore this Assessment levy is reasonable in relationship to the added value th e improvements provide to the parcels. E-3 Future Apportionment of Special Benefit I Special benefit will accrue to each parcel created by th e s u b d i v i s i o n o f t h e property within the Assessment District. Since certai n e x i s t i n g p a r c e l s w i t h i n the Assessment District will not, at the time of formatio n o f t h e A s s e s s m e n t District, have been subdivided into final lots, the initial a s s e s s m e n t s established at the time of formation of the Assessm e n t D i s t r i c t Will be plated 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 24 in the aggregate on the assessors parcels existing at t h e t i m e o f f o r m a t i o n o f the Assessment District. An assessment levied on a p a r c e l e x i s t i n g a t t h e time of formation of the Assessment District will be app o r t i o n e d a m o n g t h o s e parcels created by the subsequent subdivision of such ex i s t i n g p a r c e l . Assessments apportioned to any parcel created by th e s u b d i v i s i o n o f a n existing parcel which is to be owned by a public agency ( e a c h , a " P u b l i c Parcel") or a nonprofit 501(c)(3) organization (each, a " 5 0 1 ( c ) ( 3 ) P a r c e l ' ) o r a home owners association (each, an 'HOA Parcel") must b e p a i d o f f i n f u l l prior to the recordation of the final subdivision map crea t i n g s u c h P u b l i c Parcel or 501(c)(3) Parcel or HOA Parcel or contributed by t h e D e v e l o p e r a s a reduced purchase price for improvements to be acquire d p u r s u a n t t o t h e Acquisition/Financing Agreement. The City shall not pr o v i d e t o t h e o w n e r o r subdivider of such existing parcel a certificate as requir e d b y G o v e r n m e n t Code Section 66493(f) for any subdivision certifying that th e C i t y C o u n c i l h a s determined that provision has been made for the segreg a t i o n o f t h e responsibility of each of the proposed new parcels for a p o r t i o n o f t h e assessment unless payment in full of the assessments ap p o r t i o n e d t o a l l Public Parcels, 501(c)(3) Parcels and HOA Parcels crea t e d b y s u c h subdivision has been received by the City or otherwise c o n t r i b u t e d a s described above. It is the City of Carlsbad's policy that final lots that re c e i v e s i m i l a r s p e c i a l benefit also have similar final assessments. If the fut u r e s u b d i v i s i o n o f a n y planning area does not yield the estimated number of d w e l l i n g u n i t s , t h e C i t y reserves the right to require upon application of assessme n t r e a p p o r t i o n m e n t , that a portion of the outstanding assessment be paid b y t h e p r o p e r t y owners to ensure that the assessments remain consis t e n t w i t h i n a n d between the planning areas as further provided in the A c q u i s i t i o n / F i n a n c i n g Agreement. All reapportionments will be subject to City o f C a r l s b a d policies and procedures. FINDINGS AND DETERMINATIONS OF ASSESSMENT ENGINE E R The undersigned, Galen N. Peterson, hereby finds and de t e r m i n e a s f o l l o w s : The proportionate special benefit derived by each parcel p r o p o s e d t o b e assessed has been determined in relationship to the e n t i r e t y o f t h e c o s t s of the improvements to be funded from the proceeds of t h e b o n d s i s s u e d for the Assessment District and the cash collections . No assessment is proposed to be imposed on any parc e l , w h i c h e x c e e d s the reasonable cost of the proportional special benefit c o n f e r r e d o n t h a t parcel. Prepared by Galen N. Peterson March 29, 2004 Li I I I I I 1 Li I Li Li I I I City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 25 Only special benefits have been assessed. Parcels within the Assessment District that are owned or used by a n y agency, the State of California or the United States and whic h r e c e i v e a special benefit from the improvements have been assessed accor d i n g l y . In conclusion, it is my opinion that the assessments for the refere n c e d Assessment District have been spread in direct accordance wi t h t h e e s t i m a t e d special benefits that each parcel receives from the, improvements. Dated: 'dayof H4cf 200_1— G GALEN PEZON 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 City of Carlsbad - Assessment District No. 200201 (Poinsettia Lane East) Page 26 I,L0RRA1NE M. WOOD, CITY CLERK of the CITY OF CARLSBAD, CALIFORNIA do hereby certify that the foregoing Assessment, together with the D i a g r a m attached thereto, was flied in my office on the 7 , day of gi4 Ay, 200.. CITY OF CARLSBAD STATE OF CALIFORNIA I, LORRAINE M. WOOD, CITY CLERK of the CITY OF C A R L S B A D , CALIFORNIA do hereby certify that the foregoing Assessment, t o g e t h e r w i t h the Diagram attached thereto, was preliminarily approved by the Ci t y C o u n c i l o f the CITY OF CARLSBAD, CALIFORNIA, on the I 7Ldayof,I41ty 200j YiLc CITY OF CARLSBAD STATE OF CALIFORNIA I, LORRAINE M. WOOD, CITY CLERK of the CITY' OF C A R L S B A D , CALIFORNIA do hereby certify that the foregoing Assessment, t o g e t h e r w i t h the Diagram attached thereto, was approved and confirm e d b y t h e C i t y Council of said City on the day of 200 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' As s e s s m e n t , together with the Diagram attached thereto, was filed in my office on the —day of_ SUPERINTENDENT OF STREETS ICIlY ENGINEER CITY OF CARLSBAD STATE OF CALIFORNIA Prepared by Galen N. Peterson ' March 29, 2004 1. N EiS - helping communities fund tomorrow M. - 1 1 3 3 -3 3 I- 31 - - - ---. '- 3 .13'. 7;.• H -: U I ~D NBS helping communities fund tomorrow I I I I I I I I I I I I I I Reassessment Apportionment Report Reassessment District No. 2012-1 Amending Reassessment Nos. 1022, 1023, 1024, and 1025 City of Carlsbad June 2014 Main Office 32605 Temecula Parkway, Suite 100 Temecula, CA 92592 Toll free: 800.676.7516 Regional Office 870 Market Street, Suite 1223 San Francisco, CA 94102 Toll free: 800.434.8349 I I I I T 0 C I I I 1 I I I I I I I I I I I I I I I TABLE OF CONTENTS APPORTIONMENT APPLICATION I APPORTIONMENT OF REASSESSMENT 2 PRIOR PARCEL MAP 3 PROPOSED MAP 4 NOTICE TO BONDHOLDER 5 AMENDED REASSESSMENT DIAGRAM 6 NOTICE OF AMENDED REASSESSMENT 7 METHOD OF ASSESSMENT 8 City of Carlsbad - Reassessment District No. 2012-1 Prepared by NBS —Amending Reassessment Nos. 1022, 1023, 1024, and 1025 I I I I I I I I I I I I I I 1 I APPORTIONMENT APPLICATION I I I 7 I 7 I I I I P H I I I City of Carlsbad - Reassessment District No. 2012-1 Prepared by NBS — Amending Reassessment Nos. 1022, 1023, 1024, and 1025 I I CITY OF APPORTIONMENT OF ASSESSMENT APPLICATION E-20 Development Services Land Development Engineering 1635 Faraday Avenue 760-602-2750 www.carlsbadca.gov REQUIRED SUBMITTAL ITEMS Please submit the required items to the Engineering Department counter at the address above. I This completed and signed application 2. One draft of the final map, parcel map, or plat 3 Fee in the form of a check made payable to the City of Carlsbad (The fee amount may be obtained from the City of Carlsbad apportionment manager at 760-602-2766) Owner's/Engineer's Information Name 't A T1- ) Phone: 1(oi) I 115th Street Address: 'z.1 0 1-i' M%. PVL WL'1' 6n OO E-mail Ktrn4 i1 &Cj4 ri-r, Cót Property and District Information Assessment District Name and Number: PcEnt , eA ) ,1çjE.5%,E$\. IC - Zci0l - 01 (District information may be obtained from the City of Carlsbad apportionment manager at 760-602-2766.) Project ID (check one and provide the city's project ID). OFinal Map DAdjustment Plat Parcel Map OCertificate of Compliance in Lieu of a Parcel Map Original Assessor Parcel Number(s): 1-6T '-tiI "Ol Lo1"ii z-t3 - Zh?l -a Lorta. 27_2_ 00 Number of New Parcels: 1-Ti 13 2-I3 -24)- (4- 1rt. LoTs 10-13 Z9.91 Acfl-C-5 If the number of parc Is will not change, provide the chan e in area of the parcels after apportionment:_____________ J(A) '7_4.fl (3 2..7 ') 31j 1Vi)L: The undersigned, being the owner or interested party in the property. hereby requests the City of Carlsbad to apportion I 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 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. orP1 co wi-i6vr si-:, L(: 7-f 7 (7 Date ~, Print name lobe completed by city personnel: SUBMITTAL COMPLETE. CHECKED BY DATE_______________________ E-20 Page 1 of 1 . ER-14.01 REV 1210812010 KI APPORTIONMENT OF REASSESSMENT 2 L I City of Carlsbad - Reassessment District No. 2012-1 Prepared by NBS - Amending Reassessment Nos. 1022, 1023, 1024, and 1025 CITY OF CARLSBAD CITY OF CARLSBAD REASSESSMENT DISTRICT NO. 2012-1 AMENDING REASSESSMENT NOS. 1022, 1023, 1024, AND 1025 Old APN Reassessment Number Acreage Original Reassessment IL New APN Reassessment Number Acreage(1) Original Reassessment 213-261-01-00 1022 3.780 $149,330.83 Parcel 1022-1025-1 2.510 $99,197.54 213-261-02-00 1023 1.660 65512.62 Parcel B 1022-1025-2 1.820 71,928.10 213-261-03-00 1024 1.540 60,926.36 Parcel C 1022-1025-3 2.570 101,568.79 213-261-04-00 1025 2.930 115,882.62 Parcel D 1022-1025-4 3.010 118,958.00 Totals: 9.910 $391,652.43 Totals: 9.910 $391,652.43 (1) Per the original Engineer's Report, the spread between Parcels A, B, C and 0 is based upon acreage. Owner of Rpr'nrd Pivotal 650 California St LLC Page 1 of 1 I I I I 11 Ii I I I PRIOR PARCEL MAP 3 I City of Carlsbad - Reassessment District No. 2012-1 Prepared by NBS — Amending Reassessment Nos. 1022, 1023, 1024, and 1025 I 09 SO DIET CEWY ASSLES IW I 213-26 4 SRI 2 OF 5 i= 200' & /19/11 ,$.IA 11 PPLOMAR AIRPORT RD >-I II III <I I NO ACCESS zI 2 40-OOT ACCESS ci 3CIRL 19715 SH1 3 IPU A tS8AD MINOR I,_ SU8OIISON 07-10 <I VIASAT BUILOING 8 & 9 1 >1 4* CONDO 01 BRESS RANCH OCEAN ZI COLLECTION 00C2010-430183 iAILWAY I-<L) C CD Cl) C) 0 2 MAP 15790-CARLSBAD TCT CT 07-12 MAP 14960-CARLSBAD TCI CT 02-15 S S I I I I I I I ri I 11 I I I I I I I U PROPOSED MAP 4 U U U I I I I I I II I I U I U City of Carlsbad - Reassessment District No. 2012-1 Prepared by NBS - Amending Reassessment Nos. 1022, 1023, 1024, and 1025 C z 0-0 -0 CITY OF VISTA st PACIFIC OCEAN CITY OF I/A/. MARCOS CITY D TA''J' f V/C/MTV MAP NO /54/F — — — — — — — — — — — — — — — — — PARCEL MAP NO. CA RL SBA D MINOR SUBDIVI SION No. 13-07 SHEET 2 OF 7 SHEETS VIA SAT LOTS 10-13 NOTARY ACKNOWLEDGEMENT SF4/F a' CA/fYI/MA) COAL/S/I' YIP__________ ________________ •ANO1ARrLE ,PSayA,L V A,AOLfl MM VITO/NO JO ALE 0/ 0/5045/5 0' CAO/FAC!Th?Y EI&ILFED /0 ME TOP OL?s/L/'S) M105( N4ME(0) IS/N/F S/MED/I? ID TON Mi//NIL #1577/CNN/VT AM) ADV/N/VNET/FD 10 MC 77/AT (ILEO(4/07) (At/TI/il? 1/f LIVE #1(L*S,/ERITOM/IE A&//?1O)I/SW PA/IT/iS(S) ma OVAYRY (MS4LEV,'1/fE) /V&ALIVR((S) 00 1/f #1510//i/N/VT /M/M/salys) 0? mIT OLIFY LI/ OR/VOLT Cr MN//V 71/(PERSCW/'S) AC//li (MW/CO 1/f N5ffltd0FNZ / (fR/Fr LAIN/OP NI/I/IL/V OF PC/CLOY/NOR? PC LAWS a? i/C SF4/I a? C/LLNORO/A [HAT 1/C F01ECYIA/C PAPA/FRAN/S JR/I AN/I COLlECT MI/LESS MY HAM?. 5/0F/A/IA/F PR#1TNAAC_________________________________ A NOT4Ar OAT//C IV AND /OP RIM STATE P//#1/TPA/ RIAEF 0 BI/Ol//SS IS CD/IL//YAW____________________ lAY C &ISOAY /5//__ - -- a' Ni/TAP? CITY OF OCEANSIDE STAlE Of CALF/IRMA) Cawry a? ov ___________ SPIRE If __________________ A NOTARr 0/OR/C PCPSCWAUY AR/lE4VE/- m0 AN000 TO 1/5 00 THE NASa' a? SAR/FACIORY (ME/iCE TOM? 1/f PERS/W(S) MOOS! NAME(/i) /5/4/F 5/I6OCRNNO 10 lIVE V/LAN #157/V/WI/VT AND ASP/MEOW) 10 ME 1/IA! (ME//ME/SLAY) IA/iTO/ID 1/C OlAf IV (li/iAN/P/S/CAP) A/IF/ION//EL) CAPA CO/i/ES). AM) 71/Al MY (9Wli1A/NR/7ME!) SLOI mOPE(S) 07/ 1/f l/SJNIJAE/IT 1/C IR/VsOLp'S) 00 ?W DIRTY (I/OIL ME//ALP OF MI//Il TON P(7l50%i/'S) AC/CO, 5.40W/IL? 1/F OF7N7FT CAVE/EN TOWN rY a? P5/ANNOY LA/OF/V /7/5 LAM? LIV 1/C STAlE a? CA/ND/MA [NAT 1/f ///N/l/a/TO PAPA 1/Nm! ,s TO/f APO CTAFPOCF MI/LESS IVY HA/f. $10/A/lANE P/AliT HAlf_______________________________ A /000VRYP//AIL/C /0 AM) FOR LW STAlE I/ON/OPAL P/Na? Or TOIS5 IS CT/V/IT a?_______________ MY C/W405$'LW Wffln CYA/N/FIVOY I a? NOTARY ODAY CONSULTANTS, INC. CALIFORNIA COORDINATE INDEX NUMBER (NAD-83) 625-1992 F. I I I I I I- - I I I I I I I I I I I I I IF CAMc NØr.JW\ 4ii5 81J.t-. % " \ 1 \4\ r •, 174,fr to? 302.73 \L' A ' IOU —N •$f($_ - - - - - — O69 j 2O1 jell I 737 V38 - - U) U) ! r P 9 t\AMh h h H p 114 I ! ! rn AMP8ELLP 0 - 1 u - \ L\\ I c 1 \ ' — — !'Wit \\ '• .\ / \ \ ' •\ \ \ LL ---- — —c t 1IZWW $ZtIIM - -.1-' - %_ - ' N \ I - (.) -- --- - — -------- .612. "— -- , Q so OvArt 10 ci 4 73 •- ¼: -- 1.1 a, C, in co z ix Li z x Li a z Li z a 0 0 U z 0 L. -J U It PARCEL MAP NO. CARLSBAD MINOR SUBDIVISION No. 13-07 SHEET 5 OF 7 SHEETS VIASAT LOTS 10-13 14 PARC I \ PARCEI/ _J 4. 1- Af8IJ(2$(Rj A.12z,3r P1l0' I ' LOT 14r ._-i;; --i:::------------ EASEMENT DATA II RADIUS Ltl!i RIP 2-u 9 Swarm radow, EL AMINO REAL DETAIL 4' - EXIST/NC EASEMENTS * SCALE 40 SEE EASEAIENT PARCEL 1 I DESCR/P176ws av 11ET4 ©1 T ---•I EL CAM/NO RL41 DETAIL 'C' SC4L0I20 O'DAY CONSULTANTS. INC. CALIFORNIA COORDINATE INDEX NUMBER (NAD-83) 625-1992 SHEET 6 OF 7 SHEETS EASEMENT DATA KO A21BEA ING 'Is rm A44so?AJe 4 NOWC0'W -_ 5 8 -0145Sf '.11810' = 10' N5O0( = iT to - #7 10 iii 1- - 5942' U IT /9 *SJY$A I = I L 1 - 17 iAfm = 8 10WG,512' .ir = 55110 12.IV = iT = l IV = = 20 MW1098( = — .17IV 2JI45w, 0 = i74 =2.0 -u N 6474 20 87 25$ff1 = M2955M = JO Tsn1sof - 1840 'ii ,174GA9WT = 4, :;-wv - 4'1— = 5929 iT W IWITAF7 — -Sur 43 N 75W77- f = 49 M14S5tY74 = Th . Bxs7'lf( — — — — — — — — — — — — — — — — — — — PARCEL MAP NO. CA RL SBA D MINOR SUBDIVISION No. 13-07 VIA SAT LOTS 10-13 NO #2055 q 4G:z;3.\ \ PARCEL 3 IN 4F 10—M ) \9#1 PARCEL 4 ____ w I N51 )E T 7 _ 1 2fta "V 7 - .— PARCEL 2 - .- PARCEL I caoff" I i \ — 7' EASEMENTS —7 A 51011 GASTANCE comm #41510? 0' TNT 01)' Or CARI.SOAD TEC0?108 P4PCSS 1MG-- Or.— 801 MAP 14955 A 28 CENTRAL W101515 440 AIXESS EASSMSVT/N 1910? OF 515 OTT 0' c.#Rs5514810501010 PER MAP 14555 #4 '5 M7 A M40#SCAPE WAIUGNA40G &4jouj7,r#i 1510? 0' 1151 14051 040(45 - so 7' ASSOCIA 1151140? MAP 14988 ACCESS 400175 4fl445115'#4P AT GAIZM4Y 87248 EXCEPT 511015 5111878755 8787 15 1 #115151 (STY 15 CARLSBAD PT? MAP 74968 - 8/U A 87/9CC 979/985 B hewasIrwasEA15ACNT#N 15877? 0' SIN 0550 #1556 15EctPT 8(5062115' 45/98 57, 2DQ5 5555(942 594994540 OR - ' - -11 / , , A P2/9651 2/MiSSES B #87(75/518(55 EASEI40II IN (540101.54510(50 GAS & DETAIL 1/ ELECII'/lC 81101517) APR51 7/, 2075 AS IRE Na 2985-0294921, OR. SI62VTLISTA4CZ I - -- 1'- callow I -- - A 5110555 2/1Rffl'EASSIMNTLT4'DICA/EO 10870110515 — "t 3 ,- (STY 01 CARLSBAD flA .4 21/ SIDE 874125(45174017(87(4777)5151009 1/7 11/1 — - - /7 454L 01)14928848 4_379532 ODAY CONSULTANTS, INC. CALIFORNIA COORDINATE INDEX NUMBER (NAD-83) 625-1992 - - - - - - - - - - - - - - - - - - - PARCEL MAP NO. CARLSBAD MINOR SUBDIVISION No. 13-07 SHEET 7 OF 7 SHEETS VIASAT LOTS 10-13 NON—MAPPING NOTES 91$/SIAJII 10 2E1Y 101.41.0 OH CE /1415OY /144/111 CE 4/58 AfMAWN CI 11*0710404/ N 440)/44 R444//7150 IC 0:580915/545 Cr 7W DATE OH 10/1017 5815 MAP 4/1/is NOT 4115/SC 17)40743745(04/201W 41110/51 I. /1/C 8(49100/P HAS (42/15/110 A SIT SIAM/A/iS S/WWOGH /IFP.04/CMENT 458(43(81 A/SI HAS P03/El) 0(Clêl)' 41 440401/OH 41/11/2/10: /ECIIOV 25/6.0/0 17) 4//STAll P1/91/C 94147)I/CWN1S 5/10 OH 1/It 71814//If PARCEl MAP. 0AOH /MPPQIROI0)I5 411510/ 50144/INOT 1/4911(0 /5 A) 41514WHO 0/1-011 /14171)4100(101)141111149540/5 A&INOOH AND 501041 444 /18 SIRS/CS 410 204/1 04118415 /5041 SIIEWAY ROAD 4010 14/110/U HA/C 4540/1008 /711 10:1/14/1/f 1/4855 MAP. 4) 4//STALl/NI 4 51/5 /1411/ wr 0/ 550(10/15850 CAMMS P.1/IL C) 15514W/IS A P Sf/lOIN 5105$ /141(145820511 14/4110 8/AL AT 14/nCr 5040. P1.181/C 1441011/0 1//SI/C Al 1(1/411515 /0 0*41 101/18410 2058)154/9/INC (5/S/I//C RA' 441515811 0811 CA/AD/C 80:14 I//SEA/IA /1111174. 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NOSmIICOIIC 4501/C WALL. /5/0: 5844/041 5/6N. 580585/ (5/ECIMAYOH PO4/CO 0? P4/1)/SillS /0 (NCR/iA 0? 417101 /71/48(4 /8511/20454. 5/4/TONSIA///C CONIID0:4440 01114(OBYC)IYOH 0:4,40 SRAO 57/' 64/5401801/1 STA/SIAROS 04/11(-OH-SIQ?18(41 0:411/141/S 51,4104.1/00 S 1//f 034/1W OH 7/4/S 150145/TI OH 4144/f OH /15(1(480/All CF 15 51/111/1508511 11/114151 HAS 4581/0 100(50 /448111110410 /192(M/4Y/' /4151)' Of 541//0/4/1558 ANY 414/58 THAT /1414042 /144/5058 481/1'4/5//1CW Or 4141/55 01140104//OH OH 110/15844,4110041 Or 1/18140541/1/1/OH 04/441480 54/ /11/i COW/C/i//iA WIN OH 281401 WA /14/0 14/OIPAINA/EERI1J /14108458425/S/EM a? 171118 1481041/115/1558W/I/ES IV /1//i CITY 4.84180/1/) 01.14/IC/CENT PLANS OH BY /111105/58 024/5/RIICSO/H 0.9/1441/1844/C OH 1//f 1414/NA/C 5/0/1/1 0.1 0084/ 4411/04171/5/75/0(41/11/4391 7111 C/I)' 81/001/V 8(49/ 58410/11 P14/IS PARCEL 4 Wr SwT -- DETAIL 'B' - SIGHT 0/5TANCE CORRIDORS 514111 / - 40' QPY. CONSULTANTS, INC. CALIFORNIA COORDINATE INDEX NUMBER (NAD-83) 625-1992 Ii I I I I I I I I I I I I I I I I I I I I I I I 5 I City of Carlsbad - Reassessment District No. 2012-1 Prepared by NBS — Amending Reassessment Nos. 1022, 1023, 1024, and 1025 32605 Temecula Parkway, Suite 100 Temecula, CA 92592 Toll free: 800.6767516 )P) 951.296.1097 (F) 951.296.1998 nbsgov.corn Stone & Youngberg LLC One Ferry Buildings San Francisco, CA 94111 NOTICE TO BONDHOLDER DIVISION OF LAND AND ASSESSMENT April 23, 2014 NOTICE IS HEREBY GIVEN to you as the original purchaser of the bonds issued by the City of Carlsbad to represent the unpaid reassessments relating to the construction and/or acquisition of certain public improvements in the reassessment district known and designated as "City of Carlsbad Reassessment District No. 2012-1." Said bonds were issued pursuant to the terms and provisions of the Improvement Bond Act of 1915, commencing with Division 10 of the Streets and Highways Code of the State of California. NOTICE IS HEREBY GIVEN that an apportionment has been made, as requested by a property owner within the reassessment district, relating to the reassessments and parcels as indicated by the attached Exhibit "A". 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 reassessments shall be recorded in the manner I and form as required by law. If you have any questions, please contact the undersigned at (800) 676- 7516, or the following person at the City of Carlsbad: City of Carlsbad I ATTN: Mr. Marshall Plantz Development Services 1635 Faraday Avenue Carlsbad, CA 92008 I This procedure is required pursuant to the provisions of Part 10.5 of Division 10 of the Streets and Highways Code of the State of California and is being performed on behalf of the City of Carlsbad. I Respectfully, 7irzL~~~ I Stephanie Parson Senior Consultant Attachment he'ping communities fund tomorrow I I EXHIBIT "All CITY OF CARLSBAD CITY OF CARLSBAD REASSESSMENT DISTRICT NO. 2012-1 I AMENDING REASSESSMENT NOS. 1022, 1023, 1024, AND 1025 Old Reassessment New Reassessment APN Number APN Number 213-261-01-00 1022 Unassigned Parcel A 1022-1025-1 213-261-02-00 1023 Unassigned Parcel B 1022-1025-2 213-261-03-00 1024 Unassigned Parcel C 1022-1025-3 213-261-04-00 1 Q2L____Jl Unassigned Parcel D 1022-1025-4 Owner of Record: Pivotal 650 California St LLC Page 1 of 1 AMENDED REASSESSMENT DIAGRAM City of Carlsbad - Reassessment District No. 2012-1 Prepared by NBS —Amending Reassessment Nos. 1022, 1023, 1024, and 1025 I lllI lII ':: - PS (•_ 4/ SEP. P6/106.61 OLD P16/CELIA SUIfROUNDIPlGPARCEL1I NEW REASSESS- NO ( PRPA97U$ I*(YSSCSS'.IENT NO PIloparAP fly 4NBS AMENDED REASSESSMENT DIAGRAM CITY OF CARLSBAD REASSESSMENT DISTRICT NO. 2012-1 CITY OF CARLSBAD COUNTY OF SAN DIEGO STATE OF CALIFORNIA p-p O TI-f 5 CccP€ wOCCCIGE ,iINI'?IIi ccCI-VPAP- 1iflP TIME. 1125 }.f IN1IIEOFOCE OF 1546 CITY CLERK. CITY OF CARLSBAD. fl-IITI 'Th 3 - cw OF.CCLAV 1— C:TYOLERK lC.RllQIiAD COUNTY OF SAN COEGO UI/lIE OF CALIFORNIA FILED 6IThE FIcE0F THE SIJFERINr DEN0F3TNfETSThI5 J .M a lI/lYIFLjA4 .22 ( LL 2EINIENDPI6YOF STREETS ItI) OF CAIPIUE*D tJNTPOF 54601600 STATE OF CALIFORNIA IRIS AMENDED REASSESSMENT OLEGICOM AMENDS THE REASSESSMENT EO OF ClEF OF CARLSBAD RECISMENT T1ISIRCT NO. 25lT I, CITY OK CEIPLUEAI}. C FlY OF S/nI 2600 TICKlE 01 (INLIFONNIE, Al-IlCIl 24/61 P2410*1 RECORDEDIHE 267H DAYOK J/64L4/,RY, OTIS. IS NODE ISLET PAGE 97. 0TOLlMESr SQ 2017-0057605 OF 0006 OF MAPS Q9 ES.OFUS&NIT AND cofa.lu,-IIrY FACIul I-lI- uwrNlcrs If. 1116 OrrICE OF I 96 COUNTY RECORDER. COUNTY CF EON DIE(iO STATE OF CALIFORNLA. -illnCITY U.ERI( Cry OF COINS COUNTY OF SANDIE OO STATE OF CAUFORnIIO 1-56011-05 - DAY OF -- O5__. ET TEE 1-04.16 OF OCEOCK M. IN 6004< P006151 - M - DOCUMENT IINTIINUMENTNC1, _______________ 01-StEPS OF ASSESSMENT AND CQMPt4L6rS FACLITIPS INSTEICTS IN THE OFFICE 0' IPE (iOUI4rF 1160060CR OF THE 0(61516 OF SAN 01600, STATE OF CALIFORNIA COLEITY RECORDER ODLISrY OF SAN 05150 CAUFORNIA RECORDER iFv FOR PARTICULARS OF THE 11156 ONE 060FIIISOPIS OF ASSESSORS PARCElS, EFFFREFCE IS MADE TO TIlE MAPS OF THE ASSESSOR OFTPIE COUNTY OF 6664 mISDO. -PFF-VIOUS RE6S8SM*IT - APN - - REASSESSMENT NO. - 213-261-09-00 1022 213-261-02-OE 1023 - 213-261-05-00 - 1024 - 213-291-04-02 1025 - WW REASSE86MIENT I AFIj REASSFaSMEW L!9OT9r1edPaweI A - 1022-10224-1 UflN0Si5lSOd !arLL 1022-10224-2 UnBaaignEd PErs C 1 -1020-2 flONSrIedParr&D - 1022-1026-4 (ER 7 I NOTICE OF AMENDED REASSESSMENT 7 I I I I I ii I I I I I I I I I City of Carlsbad - Reassessment District No. 2012-1 Prepared by NBS —Amending Reassessment Nos. 1022, 1023, 1024, and 1025 I I Recording requested by: City of Carlsbad c/oNBS 32605 Temecula Parkway, Suite 100 Temecula, CA 92592 THE ORIGINAL OF THIS DOCUMENT WAS RECORDED ON JUN 17.201 DOCUMENT NUMBER 2014-0249799 Ernest J. Drortenburg. Jr.. COUNTY RECORDER SAN DIEGO COUNTY RECORDER'S OFFICE TIME: 11:25 AM After recordation, return to: I City of Carlsbad c/oNBS 32605 Temecula Parkway, Suite 100 Temecula, CA 92592 I NOTICE OF AMENDED REASSESSMENT CITY OF CARLSBAD I CITY OF CARLSBAD REASSESSMENT DISTRICT NO. 2012-1 AMENDING REASSESSMENT NOS. 1022, 1023, 1024, AND 1025 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 Reassessment Diagram and Reassessment Roll were filed in the office of the Superintendent of Streets of the City of Carlsbad, as provided for in said Section 3114, and relating to the I real property more particularly described on the Amended Reassessment Diagram filed in accordance with said Section 3114 on the 17 day of Jwu 20 J±L..... in Book 0 Page(s) 51 , Document No. laW- 02-.4'1 -j of Book of Maps of Assessment and I Community Facilities Districts in the office of the County Recorder of the County of San Diego. Said Amended Reassessment Diagram amends the City of Carlsbad Reassessment District No. 2012-1 Reassessment Diagram, City of Carlsbad, County San Diego, State of California filed on the 28th I day of January, 2013 in the office of said County Recorder in Book 43, at Page(s) 97, Document No. 2013-0057606 of Book of Maps of Assessment and Community Facilities Districts. NOTICE IS FURTHER GIVEN that upon the recording of this Notice in the office of said County I Recorder, the several Reassessments assessed on the lots, pieces and parcels as shown on said filed Amended Reassessment Diagram shall become a lien upon the lots or portions of lots assessed, respectively. I Reference is made to the Amended Reassessment Diagram and Reassessment Roll filed in the office of the Superintendent of Streets of the City of Carlsbad for the amount of each of the Amended Reassessments. Exhibit "A" hereto attached, and by this reference incorporated herein, shows the parcels subject to the Amended Reassessments. DATED: JA UJAJj 201k CITY CLERK CITY OF CARL AD STATE OF CALIbRNIA El I U I I EXHIBIT "A" CITY OF CARLSBAD CITY OF CARLSBAD REASSESSMENT DISTRICT NO. 2012-1 AMENDING REASSESSMENT NOS. 1022, 1023, 1024, AND 1025 Old T Number Reassessment New Reassessment APN APN Number 213-261-01-00 1022 Unassigned Parcel A 1022-1025-1 213-261-02-00 1023 Unassigned Parcel B 1022-1025-2 213-261-03-00 1024 Unassigned Parcel C 1022-1025-3 213-261-04-00 1025 Unassigned Parcel D 1 1022-1025-4 Owner of Record: Pivotal 650 California St LLC I 1 I I I ITi 11 I I I I Page 1 of 1 I I I I I I METHOD OF ASSESSMENT RI I I I I I I I I I I L] I I I I I City of Carlsbad - Reassessment District No. 2012-1 Prepared by NBS —Amending Reassessment Nos. 1022, 1023, 1024, and 1025 City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 5 Part ID Assessment Roll and Method of Assessment Spread On February 17, 2004 the City Council of the City Of Carlsbad, State of C a l i f o r n i a , I did, pursuant to the provisions of the Municipal Improvement Act o f 1 9 1 3 , (Division 12 of the Streets and Highways Code of the State of Cali f o r n i a ) , A r t i c l e XIIID of the Constitution of the State of California, and the Proposit i o n 2 1 8 I Omnibus Implementation Act (Section 53750 and following of the Gover n m e n t Code) (collectively, the "Assessment Laws'), and in accordance with Cit y o f - Carlsbad Policy 33, adopt its Resolution of Intention No. 2004-057, for a c q u i s i t i o n I or construction of certain public improvements, together with appurte n a n c e s a n d appurtenant work in connection therewith, in a special assessment dis t r i c t k n o w n and designated as: I - ASSESSMENT DISTRICT NO. 2002-01 (POINSETTIA LANE EAST) I (hereinafter referred to as the "Assessment District"); and I ' WHEREAS, said Resolution of Intention, as required by the Assessme n t L a w , did direct the Assessment Engineer to make and file a "Report', c o n s i s t i n g o f t h e following as required by Section 10204 of the Act: I a. for improvements Plans and specifications the proposed to be acquired or constructed in sufficient detail to show or describe the general nature, l o c a t i o n I and extent of the improvements; A general description of the improvements proposed to be acquired an d a n y I property necessary or convenient for the operation of such improvements; An estimate of the cost of the improvements and the costs of lands, ri g h t - o f - way, easements, and incidental expense in connection with the improve m e n t s ; Assessment Diagram showing the Assessment District exterior bou n d a r i e s , I . the boundaries of any benefit areas within the district and the lines an d dimensions of each parcel within the district and the benefit areas therein existing at the time of the adoption of the resolution of Inten t i o n ; I A proposed assessment of the costs and expenses of the improve m e n t s levied upon the parcels within the boundaries of the Assessment District in proportion to the estimated special benefits to be receiv e d b y each subdivision of property from the improvements;' I Prepared by Galen N. Peterson March 29, 2004 City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 6 f. The proposed maximum annual assessment to be levied up o n e a c h subdivision or parcel of land within the Assessment District s p e c i a l l y benefiting from the improvements and for which the assessm e n t i s unpaid to pay the costs incurred by the City and not otherwis e reimbursed resulting from the administration and collection of assessments or from the administration and registration of any a s s o c i a t e d bonds and reserve or other related funds. Forparticulars, reference Is made to the Resolution of Intention a s p r e v i o u s l y adopted a copy of which is included in Appendix °A" of this Re p o r t . NOW, THEREFORE, I. GALEN N. PETERSON, pursuant to t h e A s s e s s m e n t I Law, do hereby submit the following: Pursuant to the provisions of Assessment Law and the R e s o l u t i o n o f I Intention, I have assessed the costs and expenses of the acq u i s i t i o n o r construction of the improvements upon the parcels of land in t h e Assessment District specially benefited thereby in direct pro p o r t i o n a n d I relation to the estimated special benefits to be received b y e a c h o f . said parcels from the improvements. For particulars as to the identification of said parcels, reference is made to the Asses s m e n t I Diagram, a copy of which is attached hereto. As required by Assessment Law, a Diagram is attached, showing t h e Assessment District and the benefit areas therein, as well as t h e I boundaries and dimensions of the respective parcels and subdivisions of land within said District and the benefit areas the r e i n a s the same existed at the time of the passage of said Resolutio n o f I .. • Intention, each of which subdivisions of land or parcels or lots respectively have been, given a separate number upon said Dia g r a m a n d i n I . said Assessment Roll. The subdivisions and parcels of land, the numbers therein as sho w n o n t h e respective Assessment Diagram as attached hereto, correspond w i t h t h e I . . numbers as appearing on the Assessment Roll as contained herein. NOTICE IS HEREBY GIVEN that bonds will be issued in accordance with I . 'Streets Division 10 of the 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 excee d t h e l e g a l I maximum term as authorized by law, i.e., THIRTY-NINE (39) Y E A R S from the 2nd day of September of the next succeeding twelve ( 1 2 ) m o n t h s from the date of the bonds. Said bonds shall bear interest at. a rate n o t t o I . . exceed the current legal maximum rate of 12% per annum. ' I 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 L a w a n d b y f u r t h e r direction and order of the legislative body, I hereby recom m e n d t h e following Assessment to cover the costs and expenses o f t h e acquisition or construction of the improvements for the A s s e s s m e n t District based on the costs and expenses as set fort h b e l o w : As Preliminarily As Finally Approved Approved and Confirmed I. I I . I) I I I I . I I 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 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 $41,166,342.97 Subtotal Benefit Area No. 1 (2) $ 29,417,441.97 $ 2 9 , 4 1 7 , 4 4 1 . 9 7 Subtotal Benefit Area No. 2 (2) $ 12,348,901.00 $ 1 2 3 4 8 . 9 0 1 . 0 0 Total Assessment (2) $ 41,766,342.97 $ 41,766,34 2 . 9 7 For particulars as to the individual assessments and their d e s c r i p t i o n s , reference is made to Exhibits 2 and A attached hereto. The general benefit not assessed is associated with a porti o n o f Poinsettia Lane and El Fuerte as discussed in Exhibit A. A n amount equal to such general benefit will be contributed b y t h e developers as a deduction from the purchase price for improv e m e n t s 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 s c h o o l and park), non-profit organizations (such as open space par c e l s ) and home owner association parcels to be created by the fut u r e subdivision of the existing parcels within, the Assessment D i s t r i c t . Assessments apportioned to such parcels upon the creat i o n t h e r e o f will be contributed by the developers either as a deducti o n f r o m t h e purchase price for improvements to be acquired and not r e i m b u r s e d from bond proceeds or, if the purchase price for all impro v e m e n t s has been paid at the time of creation of any such parcel, by a c a s h contribution equal to the amount necessary to pay off any s u c h assessment. Prepared by Galen N. Peterson March 29, 2004 City of Carlsbad - Assessment District No. 2002.01 ( P o i n s e t t i a L a n e E a s t ) Page 8 Summary of Developer Contributions to Off- S e t General Benefit and Special Benefit A s s e s s m e n t s Bressi La Costa Ranch Greens (Benefit (Benefit Area No. 11 Area No. 2) Total General Bene fit Poinsettia Lane - Segment 1, Street$ 219,539.28 $ 193,460.72 $ 413,000.00 Improvements Poinsettia Lane- Segment 2, Street $ 92,493.55 $ 81,508.45 $ 174000.00 Improvements El Fuerte - Street Improvements ,$ 381360.90 $ - $ 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 Association fil City Park $ - $ 460,797.79 $ 460797.79 Open Space $ 48,567.87 $ 26,635.11 $ 75,202.98 Home Owners Association (HOA) - $ 20140.18 j 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 b e o w n e d b y P u b l i c A g e n c i e s , N o n - P r o f i t Organizations or Home Owners Associ a t i o n s a r e i d e n t i f i e d i n A p p e n d i x F a n d . the special benefits of these parc e l s W i l l b e a p p o r t i o n e d a t t h e t i m e o f subsequent subdivision of existing parc e l s . T h e a s s e s s m e n t s f o r t h e s e f u t u r e parcels will be contributed by the dev e l o p e r s e i t h e r a s a d e d u c t i o n f r o m t h e purchase price for improvements t o b e a c q u i r e d a n d n o t r e i m b u r s e d f r o m bond proceeds or, if the purchase price f o r a l l i m p r o v e m e n t s h a s b e e n p a i d a t the time of creation of any such par c e l , b y a c a s h c o n t r i b u t i o n e q u a l t o t h e amount necessary to pay off any such a s s e s s m e n t . 6. The Method and Formula of Sp r e a d o f A s s e s s m e n t i s a s s e t f o r t h i n Exhibit "A" which is attached her e t o , r e f e r e n c e d a n d s o i n c o r p o r a t e d Prepared by Galen N. Peterson . March 29, 2004 I City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 9 Exhibit2Assessment Roll Assessment Land Uss As Preliminarily As Finally Number Approved Approved and Confirmed 1Planned Industrial $ 133,110.09 $ 133,110.09 2 Planned Industrial 5 1,487,685.30 $ 1,487,685.30 3 Planned Industrial $ 2,832,724.07 $ 2,832,724.07 4 Planned Industrial $ 2,619,254.43 $ 2,619254.43 5 Planned Industrial $ 1,741,701.50 $ 1,741,701.50 6 Single Family Development $ 2,493,790.47 $ 2,493,190.47 7 Single Family Development $ 1,528,810.49 $ 1,526,810.49 8 Single Family Development $ 2,417,449.94 $ 2,417,449.94 Single Family Development & HOA $ 1,802,4.30.14 $ 1,802,430.14 9 10 Single Family Development & HOA $ 2,155,048.02 $ 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 13 Church, Day Care & School $ 1,250040.18 $ 1,250040.16 14 Planned Industrial $ 74,891.03 $ 74,691.03 15 RI on. ,&nw.raly. Aulv.d u 80P a Girb Ckh W4 0Pdn SMc. $ 5,748,853.07 $ 5,746,853.07 16 Open Space (OS) $ - $ 17 OS (Asam'nt Contributed by Developer) $ - $ - 18 Open Space (OS) $ $ 19 Open Space (OS) $ $ - Open Space (OS) $ - $ - 20 21 Open Space (OS) S. - $ - 22 $ 1,127,848.77 $ 1,127,846.77 23 24 Open Space (OS) Park (Assm'nt Contributed by Developer) $ $ - $ $ - - 25 Single Family Development & School $ 3,053,281.02 $ 3,053,281.02 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 $ 2,748,861.05 $ 2,746,861.05 30 . Open Space (OS) $ - $ - U 31 Single Family Development $ 512,367.88 $ 512,367.88 32 HOA (Assm'nt Contributed by Developer) $ - $ - 33 Multifamily (Affordable) (Assm'nt Contributed by Developer) $ - $ 34 Townhom&Slngle Family 0ev $ 2,550,554.95 $ 2,550,554.95 35 Open Space (OS) $ - $ - 36 open Spam (OS) $ - $ - 37 HOA (Assm'nt Contributed by Developer) $ - $ 38 Open Space (OS) $ $ 39 OS (Assm'nt Contributed by Developer) $ - $ - Total $ 41,768,342.97 $ 41,766,342.97 Prepared by Galen N. Peterson March 29, 2004 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 assessmen t s , t h e Assessment Law requires that assessments be based on the special benef i t t h a t the properties receive from the improvements, in addition, the Assessment La w provides that a parcel's assessment may not exceed the reasonable cost o f t h e proportional special benefit conferred on that parcel. Further, only speci a l benefits are assessable and the local agency levying the assessment mus t separate the general benefits from the special benefits. All publicly ow n e d property must be assessed if it specially benefits from the improve m e n t s . The Assessment Law does not specify the method or formula that sho u l d b e used to apportion the costs to properties in any special assessment distri c t proceedings. The responsibility for recommending an apportionment of the c o s t s t o properties, which specially benefit from the improvements rests with the Assessment Engineer, who is appointed for the purpose of making an an a l y s i s o f the facts and determining the correct apportionment of the assessment o b l i g a t i o n . In order to apportion the assessments to each parcel in direct proporti o n w i t h t h e special benefit which it will receive from the improvements, an in-depth an a l y s i s has been completed and is used as the basis for apportioning costs to e a c h property within the Assessment District as explained below. Based upon an analysis of the special benefit to be received by each p a r c e l from the improvements, the Assessment Engineer recommends the apportionment of costs as outlined herein. The final authority and action rest s w i t h the City Council after hearing all testimony and evidence presented at a publ i c hearing, and the tabulation of the assessment ballots previously mailed to a l l r e c o r d owners of property within the Assessment District. Upon the conclusion of t h e p u b l i c hearing, the City Council must make the final determination whether or n o t t h e assessment spread has been made in direct proportion to the special b e n e f i t s to be received by each parcel within the Assessment District Assessment b a l l o t tabulation will be finalized at that time and, if a majority of the assessment ball o t s received prior to the close of the public hearing Weighted by assessment am o u n t 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 t h e assessments are reasonable and justified. I The Method of Apportionment I The Assessment District improvements have been assigned into six ben e f i t 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 o n v e h i c l e a v e r a g e daily trip (ADD generation. Potable water, sewer and dry utility c o s t s a r e s p r e a d on an equivalent dwelling unit (EDU) basis. Recycled water costs a r e s p r e a d t o the roadway and specific parcels based on the amount of rec y c l e d w a t e r u s e d f o r the irrigation of each roadway and specific parcel. The incidental e x p e n s e s h a v e been based, on either the actual cost to each component of the i m p r o v e m e n t s o r i f the incidental costs apply to all such components then to the p r o r a t e d c o n s t r u c t i o n cost of each such component. Because some of the assessor parcel boundaries do not coinc i d e w i t h t h e V i l l a g e ' Planning Areas or Neighborhoods, some initial assessments will b e p l a c e d i n aggregate on multiple assessor parcels until final maps are r e c o r d e d a n d t h e n e w assessor parcels coincide with the Village Planning Areas or Ne i g h b o r h o o d s a s I applicable. The procedure of identifying and apportioning special benefit t o t h e l a n d u s e s a n d I . parcels has been organized as follows: Identification of Benefit Components I A -I Backbone Roadway Improvement Components I A-2 Backbone Potable Water and Sewer Improvement Compo n e n t s A-3 Backbone Recycled Water Improvement Components I A4 Backbone Dry Utilities Improvement Components A-5 Incidental Expenses Components I . Special Benefits I C. General Benefits 1 0. Proportioning Special Benefits D-I Land Use Categories I D-2 Proportionate Special Benefit of Roadway Improvements I D.3 Proportionate Special Benefit of Utility Improvements 0-4 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 Ea s t ) Page 12 E. Proclamations E-1 Assessments Equal to or Less Than the Prop o r t i o n a l S p e c i a l B e n e f i t s E-2 Reasonableness and Justification of Assessme n t s E-3 Future Apportionment A. IDENTIFICATION OF BENEFIT COMPONENT S The improvements to be acquired or constructed by the City from the proceeds of I bonds issued for each benefit area of the Assessme n t D i s t r i c t a r e n e c e s s a r y f o r development of the Assessment District parcels an d a r e r e q u i r e d b y t h e V i l l a g e s o f La Costa (The Greens) and by the Bressi Ranch Ma s t e r P l a n s a n d t h e I conditions of development as set forth in the land u s e e n t i t l e m e n t s a p p r o v e d by the City for each benefit area. Without the impro v e m e n t s , t h e p a r c e l s w i t h i n the Assessment District cannot be developed to their p l a n n e d u l t i m a t e u s e s I pursuant to such land use entitlements. It is unfeasible and impractical for the parcels to be utiliz e d t o t h e i r h i g h e s t a n d b e s t l use without the backbone roadways and utilities that w i l l b e f u n d e d b y t h e Assessment District I A -I Backbone Roadway Improvement Components ) The foremost purpose of the Assessment District is to p r o v i d e f i n a n c i n g f o r t h e backbone road access so the Assessment District p a r c e l s c a n b e I developed. The most significant and costly improve m e n t i s t h e w o r k associated with the road construction. The road con s t r u c t i o n h a s c r e a t e d t h e need to relocate sewer mains and utilities, re-estab l i s h h a b i t a t a r e a s , a n d I S install landscaping to protect the roadway slopes. The r o a d c o n s t r u c t i o n h a s also created the need to construct storm drains to pr o t e c t t h e r o a d w a y a n d t o ' relocate other facilities and provide mitigatiçn areas t h a t w o u l d n o t h a v e otherwise been necessary if the road was not const r u c t e d . T h e r o a d a n d associated costs have been placed into one roadw a y i m p r o v e m e n t c o m p o n e n t I for the purpose of defining the roadway costs and apporti o n i n g s p e c i a l b e n e f i t . A percentage of the cost of the backbone recycled w a t e r d i s t r i b u t i o n s y s t e m has been spread in the same manner as the roadw a y e x p e n s e s . T h i s p o r t i o n I of the recycled water system improvements will provid e a n i r r i g a t i o n w a t e r system for the roadway landscaping. The roadway improvement component includes: P o i n s e t t i a L a n e , E l F u e r t e , E l Camino Real, relocation of utilities, establishment of h a b i t a t m i t i g a t i o n areas, and a portion of the recycled water system to s e r v e t h e r o a d w a y landscaping. S 'S Prepared by Galen N. Peterson S March 29, 2004 I City of Carlsbad - Assessment District No. 2002.01 (Poinsettia Lane East) Page 13 A-2 Backbone Potable Water and Sewer Improvement Component s Coincidental to the roadway improvements is the necessity to construct c e r t a i n backbone utility improvements within the roadway right of way concurrently with construction of the roadway improvements. These improvements c o n f e r a different special benefit to the properties than the special benefit confer r e d b y the roadway improvements. Therefore potable water and sewer (other t h a n relocated facilities for the roadway costs) have been separated into wet utility components for purposes of defining special benefits and allocating t h e c o s t s of such components. A-3 Backbone Recycled Water improvement Components Coincidental to the roadway improvements is the necessity to constru c t c e r t a i n backbone recycled water improvements within the roadway right of way concurrently with construction of the roadway improvements. A perc e n t a g e o f these improvements confer a different special benefit to the proper t i e s t h a n the special benefit conferred by the roadway improvements based on w h e r e the recycled water will be used. The recycled water facilities have be e n separated into a separate component for purposes of defining speci a l b e n e f i t s and allocating the costs of such components. A-4 Backbone Dry Utilities Improvement Components Coincidental to the roadway improvements is the necessity to construct c e r t a i n backbone dry utility improvements within the roadway right of way concurrently with construction of the roadway improvements. These improvements c o n f e r a different special benefit to the properties than the special benefit conferred b y the roadway improvements. Therefore the dry utilities have been separated into a separate component for purposes of defining special benefit s a n d 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 c o s t s include, but are not limited to: construction administration, construct i o n supervision, design, testing, surveying, assessment engineering, audit of acquisition costs, financial advisors, appraisals, bond counsel, underwr i t i n g , official statement printing, financing cost and establishment of a bond r e s e r v e fund. The costs of the formation of the Assessment District, includ i n g t h e c o s t s of issuance, have been determined to be eligible for inclusion and are included in the Assessment District incidental costs. Some of these c o s t s c a n be assigned directly to one of the benefit components as shown in A p p e n d i x UE$. Other costs that cannot be assigned directly to one of the benefit 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 num b e r i n a c c o r d a n c e with that assessment number's share of the construction cost. SPECIAL BENEFITS The purpose of this Assessment District is to fund th6 cons t r u c t i o n a n d acquisition of public improvements required to serve the Ass e s s m e n t D i s t r i c t parcels. Special benefit is received by each parcel within t h e b o u n d a r i e s o f t h e Assessment District from new roadway access and the availa b i l i t y o f u t i l i t y services that are required and necessary for the properties to d e v e l o p t o t h e i r h i g h e s t and best use in accordance with and as permitted by the appr o v e d l a n d u s e entitlements. The improvements to be constructed and/or acquired by t h e D i s t r i c t I accommodate the planned development within the Assess m e n t D i s t r i c t a r e a i n accordance with the approved land use entitlements. The V i l l a g e s o f L a C o s t a ( T h e Greens) and the Bressi Ranch Specific Plan environmental d o c u m e n t s a n d t h e I Tentative Map identify the need for access and utilities, a n d p l a c e c o n d i t i o n s upon the parcels within the Assessment District to provid e t h o s e i m p r o v e m e n t s . The Assessment District Improvements satisfy the conditions o f d e v e l o p m e n t b y I providing access and backbone utilities so the projects can s u p p o r t t h e i r p l a n n e d uses. Without the improvements, the parcels within the As s e s s m e n t D i s t r i c t c o u l d not be developed to their planned and conditionally approved u s e s . I The special benefit conferred on the parcels within the Ass e s s m e n t D i s t r i c t f r o m the proposed improvements include: increased developm e n t p o t e n t i a l , r e l i e f f r o m I .access constraints, improved accessibility to utilities, fulfil l m e n t o f d e v e l o p m e n t conditions and ensured investment returns. The special ben e f i t t o e a c h p a r c e l i s such that the parcels will be allowed to gain access to a pu b l i c s t r e e t n e t w o r k a n d I have water, sewer, recycled water and dry utilities readily avai l a b l e , t h e r e b y a l l o w i n g them to develop to their highest potential. I Special benefit accrues to each parcel to be subdivi d e d a n d s e r v e d b y t h e improvements to be constructed. Since some of the areas w i t h i n t h e A s s e s s m e n t District have not been subdivided into individu a l l o t s a t t h i s t i m e , t h e I . assessments will be placed in aggregate on one or more existing assess o r parcels and apportionment of the assessments will take pl a c e a s f i n a l m a p s r e c o r d . GENERAL BENEFITS Some public improvements will confer general benefit to p r o p e r t i e s o r t h e p u b l i c a t I . large outside the Assessment District. In making an analysi s , a r e v i e w w a s conducted of the surrounding areas. The review resulted i n i d e n t i f y i n g g e n e r a l benefits that accrued to properties outside the Assessment D i s t r i c t . I I Prepared by Galen N. Peterson March 29, 2004 I City of Carlsbad - Assessment District No. 2002-01 (PoinsettIa Lane East) page is Poinsettia Lane is designated as a prime arterial roadway. Previously, Poi n s e t t i a Lane did not exist east of El Camino Real. Four lanes are proposed to b e constructed. Two lanes are required to serve the estimated volume of t r a f f i c generated by the Assessment District parcels. Two center lanes (one in ea c h direction) are required for through traffic originating outside of the Assessm e n t District. The costs associated with the construction and placement of the a s p 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 ter m i n u s of El Fuerte Street at the southerly boundary of Bressi Ranch. Four lan e s a r e proposed to be constructed. Two lanes are required to serve the estima t e d volume of traffic generated by the Assessment District parcels. Two ce n t e r lanes (one in each direction) are required for through traffic originating o u t s i d e o f the Assessment District. The costs associated with the construction and placement of the asphalt and base for the two center lanes have bee n determined to be a general benefit and will not be assessed to parcels within t h e Assessment District. I Based on the estimated roadway construction costs, the cost of the roa d w 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 bene a t h I the two center lanes of each roadway benefits the Assessment District because it provides lateral support to the Assessment District paved lan e s . T h i s grading can not be eliminated from the overall roadway grading without I constructing retaining walls that would unreasonably increase the Assessme n t District cost. Therefore all of the Poinsettia Lane and El Fuerte Street gra d i n g provides special benefit to the Assessment District Properties. I D. PROPORTIONING SPECIAL BENEFITS I I I I I I , I 04 Land Use Categories The following land use categories are included in the Assessment Distri c t : 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, schoo l , home owners association recreation areas, park and open space. Except for the irrigated areas in Assessment Numbers 17 and 39 (Village Green 08-2 and open space lot 34), the non-active and undeveloped open space areas do not receive special benefit fr o m t h e works of improvements and will not be assessed. Open space areas a r e 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 0-2 Proportionate Special Benefit of Roadway improvem e n t s Trip Generation Factors for Roadway Improvements The use of and need for roadway improvements is a functio n o f t h e number of vehicle trips per day generated by the use of the lan d served by the streets. Traffic engineers have developed traf f i c generation factors, which are related to development densit y a n d t y p e of land use. Therefore, trip generation is an appropriate basis fo r apportioning roadway improvements and related costs among th e specially benefited parcels. The trip generation factors will be e s t i m a t e d from the July 1998, SANDAG Trip Generation Manual and weighte d a s explained below. SANDAG categorizes trips as primary, diverted and pass-by. Thi s analysis uses only the primary trip percentages for the non-resi d e n t i a l land use categories to avoid double counting of the residentia l t r i p s . Sinole Family Detached Trip Generation The Average Daily Trips (ADT) per detached single-family d w e l l i n g i s 1 0 ADT. The Assessment District single-family dwelling product type s a r e similar to the SANDAG study areas. Single Family Attached Trip Generation The Average Daily Trips per attached dwelling unit or for a con d o m i n i u m unit is 8 ADT. Affordable Housing (Bressi Ranch) Trip Generation. The Average Daily Trips for each affordable housing unit, based o n t h e formula in footnote R of the 1998 SANDAG Trip Generation M a n u a l , i s 6.4ADT (-2.169 Ln(100 units/5.13 ac) + 12.85). Apartment Affordable Housing (Greens) Trig Generation The Average Daily Trips for each affordable housing unit, bas e d o n t h e 1,998 SANDAG Trip Generation Manual for apartments, is 6 AD T . Assisted Living Trip Generation The Average Daily Trips for each assisted living room, based o n 1 9 9 8 SANDAG Trip Generation Manual for congregate care facilit y , i s 2 A O l , Industrial Trio Generation I . The Average Daily Trips for industrial park is 80 ADT per net a c r e . T h e 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 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 lafld 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 Trio 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 Trio 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 Care times 43,560/1,000 times 0.1). The primary trip percentage for a day is 28%. Boys & Girls Club Trio 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 HomeOwners 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. 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. Paric 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%. Prepared by Galen N. Peterson, . March 29, 2004 I City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page, 8 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 allocate d 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 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 Ra n c h portion). 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 Li I I I I I 1 I I I I City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Paget 9 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). D-3 Proportionate Special Benefit of Utility Improvements The most pertinent and reasonable utiliy.irn pro vernent special benefit variable is average daily demand. The detached single family home w i l l 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: Land Use Potable Water and Sewer Usaae 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: I I I I I. I I 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 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 City of Carlsbad - Assessment District No. 200201 (Poinsettia Lane East) Page 20 Homeowner association (HOA) lots water usage was es t i m a t e d b a s e d o n the characteristics of the parcels and their expected land u s e . T h e H O A lots 47, 48 and 49 within Benefit Area No. 2 were assig n e d 2 . 4 1 , 2 . 0 8 and 1.43 EDU per site, respectively. The three HOA area s i n P l a n n i n g Areas 9, 10 and 12 and the Village Green area (OS-2) wi t h i n B e n e f i t Area No. 1 were assigned 3.8 EDU. The Village Square a r e a i n Planning Area 15 within Benefit Area No. I was assigne d 1 . 0 E D U . U The Assessment Diagram identifies two benefit zones for se w e r improvements. Sewer Zone A includes all of the Assessm e n t D i s t r i c t p a r c e l s I that benefit from the sewer improvements. Sewer Zone B incl u d e s t h e remaining Assessment District parcels that do not benefit fr o m t h e s e w e r improvements. I The water and sewer costs for new facilities (sewer reloca t i o n r e l a t e d t o the construction of the road was allocated with the street c o s t s ) r e l a t e d I to each street segment were allocated only to the asse s s m e n t n u m b e r s that specially benefit from such water and sewer costs as s e t f o r t h below: I Poinsettia Lane Segment I - Poinsettia Lane Segment I water costs specially benefit only assessment numbers 22 through 39. T h e r e f o r e , Poinsettia Lane Segment I water costs were allocated o n l y t o a s s e s s m e n t ) 1 numbers 22 through 39 based on the applicable EDU factors. Poinsettia Lane Segment 2 - Poinsettia Lane Segment 2 water costs I specially benefit only assessment numbers I through 21. T h e r e f o r e , Poinsettia Lane Segment 2 water costs were allocated onl y t o a s s e s s m e n t I numbers I through 21 based on the applicable EDU facto r s . El Fuerte - El Fuerte water costs specially benefit only assessment num b e r s I through 21. Therefore, El Fuerte water costs were allocate d o n l y t o I assessment numbers 1 through 21 based on the applicable E D U f a c t o r s . El Camino Real (Bressi Ranch portion) - El Camino Real (Bressi Ranch I portion) water costs specially benefit only assessment num b e r s • 1 t h r o u g h 21. Therefore, El Camino Real (Bréssi Ranch portion) water c o s t s w e r e allocated only to assessment numbers 1 through 21 base d o n t h e a p p l i c a b l e I EDU factors. El Camino Real (Greens portion) - El Camino Real (Greens portion) water I costs specially benefit only assessment numbers 22 throu g h 3 9 . T h e r e f o r e , El Camino Real (Greens portion) water costs were allocated o n l y t o assessment numbers 22 through 39 based on the applic a b l e E D U f a c t o r s . I I Prepared by Galen N. Peterson March 29, 2004 I City of Carlsbad - Assessment District No. 2002-01 (Poinsettia La n e E a s t ) Page 21 Sewer Costs benefit only assessment number s i n S e w e r Z o n e A , a s s h o w n on the Assessment Diagram. Therefore, sewer c o s t s f o r e a c h r o a d s e g m e n t were allocated to the respective assessment num b e r s t h a t t h e w a t e r w a s allocated to, but only to parcels within Sewer Zo n e A b a s e d o n t h e a p p l i c a b l e EDU factors. There was no assessment for se w e r c o s t s t o t h e a s s e s s m e n t numbers in Sewer Zone B, as shown on the A s s e s s m e n t D i a g r a m . Summary of Special Benefit Factors Land Use Category Road way_Improvements Utilities - ADT Primary Trip %Applied 1 Adjusted AOl EDUs Single Family 10/DU Detached - 10/ DU 1.0/ DU Single Family. 8/ DU Attached - 8/ DU 0.5/ DU Affordable Housing 6.4 / DU (Bresst Ranch) - 6.4 / DU 0.5 I DU Apartment (Affordable 6/ DU Housing) - 61 DU 0.5 / DU Assisted Living 2/ Room - 2/ Room 4.2 / l0ksf Industrial 80/ AC 79% 63/AC 4.2/ l0ksf Community Retail 40/1,000 SF 18/1,000 SF 4.211 Oksf Office 7/1,000 SF 82% 6 /1,000 SF 4.2 1 l0ksf School 60/ AC 57% 34 / AC 4.21 l0ksf Church 30/AC 64% 19/AC 4.211 Oksf Day Care 80/1,000 28% SF 97.4/ AC 4.2/ l0ksf Boys &Gii1sClub 90/AC 52% 47/AC '4.2ll0ksf Homeowners Association Rec Areas 5/AC 25% 1.25 /AC and per site 4.2/ l0ksf and per site Community (Regional) 20/ AC Park 66% 13/ AC 0.4 / AC 1. Primary. Trips are defined by SANDAG as gone trip directly b e t w e e n o r i g i n a n d p r i m a r y 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 spac e areas (iii) landscaped areas of the public park (iv) landscaped areas of the school (v) landscaped areas of the private school and (vi) landscaped area s 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 resultin g 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 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. I 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 Prepared by Galen N. Peterson ' March 29, 2004 City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 23 funding. Some of the incidental costs can be assigned d i r e c t l y t o o n e o f t h e benefit components as shown in Appendix "E". These cost s t h a t c a n n o t b e assigned directly to any one of the benefit components and t h e r e f o r e h a v e been separated into a separate component for purpose s o f d e f i n i n g s p e c i a l benefits and allocating costs on a pro-rata basis relative t o t h e improvement costs associated with each parcel as show n i n T a b l e I of Appendix F. The financing costs (bond discount and b o n d r e s e r v e ) , including capitalized interest, have also been assessed o n a p r o - r a t a basis relative to the improvement costs associated wit h e a c h p a r c e l . E. PROCLAMATIONS E-1 Assessments are equal to or less than the pro p o r t i o n a l s p e c i a l benefit each parcel receives The special benefit received from the Assessment District i m p r o v e m e n t s exceeds the assessment allocated to each parcel. The i m p r o v e m e n t s p r o v i d e d will Increase the value of each parcel by more than the as s e s s m e n t l e v i e d upon it. To ensure that the assessments will be equal to or l e s s t h a n t h e proportional special benefit conferred, a review was ma d e o f s i m i l a r properties in the vicinity. Comparison of recent sales r e c o r d s i n d i c a t e d t h a t the average price per square foot of raw land increased in a n a m o u n t g r e a t e r than the costs of the assessments per square foot aft e r b a c k b o n e roadway and utility improvements were in place. E-2 Reasonableness and Justification of Assessmen t s It is well known and understood by the development c o m m u n i t y t h a t p u b l i c infrastructure is required for raw land to develop to its high e s t a n d b e s t u s e . After the passage of Proposition 13 and Assembly Bill 1 6 0 0 , d e v e l o p e r s a n d investors realize that they must provide the public i n f r a s t r u c t u r e t o support their developments without burdening existing p r o p e r t i e s . T h e Assessment District improvements are estimated to ad d 7 % o r m o r e v a l u e to each parcel's overall value. A review of other develo p m e n t s h a s s h o w n that this percentage is consistent with the costs of pro v i d i n g b a c k b o n e access and utilities to raw land in similar developments. Th e r e f o r e t h i s Assessment levy is reasonable in relationship to the added v a l u e t h e 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 existi n g p a r c e l s w i t h i n the Assessment District will not, at the time of formation o f t h e A s s e s s m e n t District, have been subdivided into final lots, the initial asse s s m e n t s established at the time of formation of the Assessment Dis t r i c t w i l l b e p l a c e d j Prepared by Galen N. Peterson March 29, 2004 I City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 24 in the aggregate on the assessors parcels existing at the ti m e o f f o r m a t i o n o f the Assessment District. An assessment levied on a parcel ex i s t i n g a t t h e time of formation of the Assessment District will be apportioned a m o n g t h o s e parcels created by the subsequent subdivision of such existi n g p a r c e l . Assessments apportioned to any parcel created by the subdiv i s i o n o f a n existing parcel which is to be owned by a public agency (ea c h , a " P u b l i c Parcel") or a non-profit 501 (c)(3) organization (each, a 501(c)( 3 ) P a r c e l " ) o r a home owners association (each, an "HOA Parcel") must b e p a i d o f f i n f u l l prior to the recordation of the final subdivision map creating suc h P u b l i c Parcel or 501 (c)(3) Parcel or HOA Parcel or contributed by t h e D e v e l o p e r a s a reduced purchase price for improvements to be acquired pursu a n t t o t h e Acquisition/Financing Agreement. The City shall not provide to t h e o w n e r o r subdivider of such existing parcel a certificate as required by G o v e r n m e n t Code Section 66493(t) for any subdivision certifying that the Ci t y C o u n c i l h a s determined that provision has been made for the segregatio n o f t h e responsibility of each of the proposed new parcels for a portio n o f t h e assessment unless payment in full of the assessments ap p o r t i o n e d t o a l l Public Parcels, 501 (c)(3) Parcels and HOA Parcels created by s u c h subdivision has been received by the City or otherwise contr i b u t e d a s described above. It is the City of Caiisbad's policy that final lots that receive si m i l a r s p e c i a l : ) benefit also have similar final assessments. If the future s u b d i v i s i o n o f a n y planning area does not yield the estimated number of dwelling u n i t s , t h e C i t y reserves the right to require upon application of assessment r e a p p o r t i o n m e n t , that a portion of the outstanding assessment be paid b y t h e p r o p e r t y owners to ensure that the assessments remain consistent wi t h i n a n d between the planning areas as further provided in the Acqui s i t i o n / F i n a n c i n g Agreement. All reapportionments will be subject to City o f C a r l s b a d policies and procedures. FINDINGS AND DETERMINATIONS OF ASSESSMENT ENGINEER The undersigned, Galen N. Peterson, hereby finds and deter m i n e a s f o l l o w s : The proportionate special benefit derived by each parcel prop o s e d t o b e assessed has been determined in relationship to the entire t y o f t h e c o s t s of the improvements to be funded from the proceeds of the bon d s i s s u e d for the Assessment District and the cash collections. No assessment is proposed to be imposed on any parcel , w h i c h e x c e e d s the reasonable cost of the proportional special benefit conferr e d o n t h a t parcel. Prepared by Galen N. Peterson March 29, 2004 City of Carlsbad - Assessment District No. 200201 (Poinsettia Lane East) Page 25 - C. Only special benefits have been assessed. D. Parcels within the Assessment District that are owned or used b y a n y agency, the State of California or the United States and which re c e i v e a special benefit from the improvements have been assessed ac c o r d i n g l y . I In conclusion, it is my opinion that the assessments for the refe r e n c e d Assessment District have been spread in direct accordance with th e e s t i m a t e d special benefits that each parcel receives from the, improvements . Dated: day of /-144c.AI ,200- GALEN N. PETE SON, P.E. - R.C.E. No. 18,364 (Expires 06/2005) -ASSESSMENT ENGINEER - CITY OF CARLSBAD SAN DIEGO COUNTY STATE OF CALIFORNIA ru Li] 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, CALI F O R N I A do hereby certify that the foregoing Assessment, together with the Diagra m attached thereto, was filed in my office on the /_7 74 day of gg a.4 A X, 2004. %ft CITY OF CARLSBAD STATE OF CALIFORNIA I, LORRAINE M. WOOD, CITY CLERK of the CITY OF CAR L S B A D , CALIFORNIA do hereby certify that the foregoing Assessment, t o g e t h e r w i t h the Diagram attached thereto, was preliminarily approved by the City C o u n c i l o f the CITY OF CARLSBAD, CALIFORNIA, on the ./ 7* i 20O day of/ (YJ CITY OF CARLSBAD STATE OF CALIFORNIA I, LORRAINE M. WOOD, CITY CLERK of the CITY OF C A R L S B A D , CALIFORNIA do hereby certify that the foregoing Assessment, toget h e r w i t h the Diagram attached thereto, was approved and confirmed by t h e C i t y Council of said City on the day of 200 CITY CLERK CITY OF CARLSBAD STATE OF CALIFORNIA I, GLENN PRUIM, Superintendent of Streets / City Engineer of the C I T Y O F CARLSBAD, CALIFORNIA do hereby certify that the foregoing Ass e s s m e n t , together with the Diagram attached thereto, was filed in my o f f i c e o n t h e day of SUPERINTENDENT OF STREETS /CITY ENGINEER CITY OF CARLSBAD STATE OF CALIFORNIA I Prepared by Galen N. Peterson March 29, 2004 NBS helping communities fund tomorrow 71 _' •t •__ - - 1$ - -. ---- - - - - .'-$. - cop r 0 NBS l\'\s helping communities fund tomorrow Reassessment Apportionment Report Reassessment District No. 2012-1 Amending Reassessment No. 1107 City of Carlsbad January 2014 Main Office Regional Office 32605 Temecula Parkway, Suite 100 870 Market Street, Suite 1223 Temecula, CA 92592 San Francisco, CA 94102 Toll free: 800.676.7516 Toll free: 800.434.8349 T 0 C TABLE OF CONTENTS APPORTIONMENT APPLICATION APPORTIONMENT OF REASSESSMENT 2 PRIOR PARCEL MAP 3 CURRENT PARCEL MAP 4 NOTICE TO BONDHOLDER 5 AMENDED REASSESSMENT DIAGRAM 6 NOTICE OF AMENDED REASSESSMENT 7 METHOD OF ASSESSMENT 8 City of Carlsbad - Reassessment District No. 2012-1 Prepared by NBS - Amending Reassessment No. 1107 I I I I [1 I I U I I U I I APPORTIONMENT APPLICATION I City of Carlsbad - Reassessment District No. 2012-1 Prepared by NBS - Amending Reassessment No. 1107 Purpose (Please check one): Subdivision Map No.: - Parcel Map No.: Lot Line Adjustment No.: - Parcel Map Waiver No.: I LI] CITY OF CARLSBAD APPLICATION FOR ASSESSMENT APP O R T I O N M E N T (Please complete the application in full. Ref e r t o t h e a t t a c h e d I n s t r u c t i o n s f o r a s s i s t a n c e . ) Return completed form CITY OF CA R L S B A D to: ATTN: Marshall Ptantz Development Services 1635 Faraday Avenue Carlsbad, CA 92008 Q(lr <j;\ t 0- (0 01 Owner/Engineer Phone Number fl D Street Address City State Assessment District Name Call NBS at (800) 676-7516 for District and/or Project Information Original APN(s) I Original Assessment No. Original Assessment 1 1 Fee Schedule Per District Tract Map Apportionment (5 or more parcels) p e r C h a p t e r 2, Section 66426 of the Subdivision Map Act: $1800 per subdivision/tract map plus $35 p e r p a r c e l , plus $40 County Recording Fee. Number of new parcels: I The undersigned, being the owner or intere s t e d Parcel Map Apportionment (4 or less parcels) per Chapter 2, Section 66426 of the Subdivision Map Act: A flat fee of $950, plus $40 County Recording Fee. City of Carlsbad to apportion the amoun t r e m a i n i n g u n p a i d o n t h e a b o v e a s s e s s m e n t ( s ) i n a c c o r d a n c e with the provisions of Part 10.5 of the "I m p r o v e m e n t B o n d A c t o f 1 9 1 5 " , a n d s a i d a s s e s s m e n t i s t o b e apportioned to each separate part of the orig i n a l l o t o r p a r c e l o f l a n d , t h e a p p o r t i o n a t e p a r t o f t h e a m o u n t remaining unpaid on the assessment tha t w o u l d h a v e b e e n l e v i e d t h e r e o n h a d t h e l o t o r p a r c e l b e e n s o divided at the time of the original confirmation o f a s s e s s m e n t . Applicant's Signature Date IMPORTANT: A COPY OF THE FINAL M A P (18" x 26" BLUELINE & 8%" x 11" REDUCTION) M U S T BE PROVIDED TO BE USED AS THE BA S I S F O R T H E A M E N D E D A S S E S S M E N T D I A G R A M . I I I 1 2 I I El El I I [1 I I L I APPORTIONMENT OF REASSESSMENT 2 City of Carlsbad - Reassessment District No. 2012-1 Prepared by NBS - Amending Reassessment No. 1107 CITY OF CARLSBAD CITY OF CARLSBAD REASSESSMENT DISTRICT NO. 2012-1 AMENDING REASSESSMENT NO. 1107 Old APN [ Reassessment Number Acreage Original ][::New Reassessment APN Reassessment Number Building Square Footage(1) Original Reassessment 213-263-12-00 1107 1.062 $55,105.61 213-263-12-01 1107-1 10,583 $27,574.95 213-263-12-02 1107-2 10,566 27,530.66 Totals: 1.062 $55,105.61 Totals: 21,149 $55,105.61 (1) Per the original Engineer's Report, this spread is based upon the building square footage of each parcel. Owners nf Rernrd 213-263-12-01: Orion Real Estate Operations LLC 213-263-12-02: LJR LLC Page 1 of 1 I 6rK I I I I I I I I I I PRIOR PARCEL MAP 3 City of Carlsbad - Reassessment District No. 2012-1 Prepared by NBS - Amending Reassessment No. 1107 - - - - - - - - - - - - - - - - - - S SAN OEOO C0WTY ASSESSORS MAP 213-26 z 4 SHT4OF5 1T i" = 200 4. 12/01/9 ARS SHI 3 rl /1 0 209 SHT 3 I =IIS1D U--.- U--.- U--.- U--.- U--.- I No ACCESS 2 40-FOOT ACCESS MAP 15669 - CARLSBAD TCT CT 05-09 BRESSI RANCH N CURRENT PARCEL MAP 4 City of Carlsbad - Reassessment District No. 2012-1 Prepared by NBS - Amending Reassessment No. 1107 SAN Dima catlirs AsScc's MAP 1 213-26 4 SHT4OF5 N 1" = 200 4. 2/21/13 JMA it. CHANGES WK 4595? 459 95W45? )Q 5549 257 774958 45 Ii 08 !X 01 245 57044508 57 3181 50442515205 01 77918 214545759 70 2408W25 27 13 I 577 17 53.104 I.? 545 1' NO ACCESS 2 40-FOOT ACCESS 3' CONDO SPEC116JKIFLEX DOC 11-0609122 12 1n 2.95 AC .154,1 95 455555 - - - - - - - - - - - - - - - - / 1 209 1 1 08 / / Aaft ' PALAR A IRPORT RD f; ; 35952 ®O.97AC P 2.77:Ab 14 S? 27 - 2.AC 02r. is 5 3- SHi 3 \I1 GATEWAY RD SHI 2 MAP 15669 - CARLSBAD TCT CT 05-09 BRESSI RANCH -J 5 NOTICE TO BONDHOLDER 5 City of Carlsbad - Reassessment District No. 2012-1 Prepared by NBS - Amending Reassessment No. 1107 I I NBS 32605 Temecula Parkway, Suite 100 Temecula, CA 92502 I Toll free: 800.676.7516 (P) 951.296.1997 (F) 951.296.1998 nbsgov.com Stone & Youngberg LLC One Ferry Buildings San Francisco, CA 94111 NOTICE TO BONDHOLDER DIVISION OF LAND AND ASSESSMENT November 13, 2013 NOTICE IS HEREBY GIVEN to you as the original purchaser of the bonds issued by the City of Carlsbad to represent the unpaid reassessments relating to the construction and/or acquisition of certain public improvements in the reassessment district known and designated as "City of Carlsbad Reassessment District No. 2012-1." Said bonds were issued pursuant to the terms and provisions of the Improvement Bond Act of 1915, commencing with Division 10 of the Streets and Highways Code of the State of California. NOTICE IS HEREBY GIVEN that an apportionment has been made, as requested by a property owner within the reassessment district, relating to the reassessments and parcels as indicated by the attached Exhibit "A". 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 reassessments shall be recorded in the manner and form as required by law. If you have any questions, please contact the undersigned at (800) 676- 7516, or the following person at the City of Carlsbad: City of Carlsbad ATIN: Mr. Marshall Plantz Development Services 1635 Faraday Avenue Carlsbad, CA 92008 This procedure is required pursuant to the provisions of Part 10.5 of Division 10 of the Streets and Highways Code of the State of California and is being performed on behalf of the City of Carlsbad. Respectfully, Stephanie Parson Senior Consultant Attachment ~ nEry rAm 4 helping communities fund tomorrow EXHIBIT "A" CITY OF CARLSBAD CITY OF CARLSBAD REASSESSMENT DISTRICT NO. 2012-1 AMENDING REASSESSMENT NO. 1107 Old Reassessment New Reassessment APN Number APN Number 213-263-12-00 11!=F 213-263-12-01 1107-1 213-263-12-02 1107-2 I I I I I I I I I I Page 1 of 1 I AMENDED REASSESSMENT DIAGRAM Dj City of Carlsbad - Reassessment District No. 2012-1 Prepared by NBS - Amending Reassessment No. 1107 Palomar Airport Rd -r - - - - - - - --' - - 7 lC'-2 157 ) AMENDED REASSESSMENT DIAGRAM CITY OF CARLSBAD REASSESSMENT DISTRICT NO. 2012-1 Cliv OF CARLSBAD COUNTY OF SAN DIEGO STATE OF CALIFORNIA IMECFk3lI'IAJ.I' TEE Ec.:TIF,,hiIII .FA,SRFCOITDEDC't,. PAlE.' I ('ILi',ISEF' All '.005715 EIr :00.,t, g. Jr I.I.II :51''ASCCAC1ER TAO I lIEGE CCJNT'v RECCADCR15 YY-lCE -. .ME: I) JC Ok rl,CO 'NI IC OFFICE or TIlE CITY CLERK, CITY OF CARLSBAD, YI 115 SAY _________ CITY CLERK CITY OF CARLSBAD / COUNTY OF SAN OECI STATE OF CALIFORNIA F3 INCH) OE OF THE SUPEFENTENDENT OF STREETSS-IIS / OAF OF a TOL3 (_Jef.- '2PEI0INTEWT OF S'REETS Cl IT OF CARLSBAD COUNTY OF SAN 015100 STATE OF CALIFORNIA 1115 AMENCED REASSESSMENT OIALOAAM AMENDS THE REASSESSMENT DIAGRAM OF CITY OF CARLSBAD REASSESSMENT DISTRICT NO, 2012-I CITY OF CARLSBAD. COO-Nfl' OF SAN DIEGO. STATE ElF CALIFORNIA, WHICH WAS PRIOR RECORDED THE SBTH DAY OF JANUARY 2010. IN BOOK 45 AT PAGE ST DOCUMENT NO 2013-5557554 OF BOOK OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS 114 THE OFFICE OF THE COUNTY RECORDER COUNTY CF EAR DIEGO. STATE OF CAI.AORNIA TY CLERK CITY OF CARLSBAD ..'. COUI4TTOF SAN DIEGO STATE OF CALIFORNIA LED THIS DAY OF 20_. AT THE HOUR OF OCLOCE - H - IN BOOS .ATPAGEIS) DOCUMENT.' INSTRUMENT No OF MAPSC'.ASSESSMENT D C NITY ANOMMU FACILITIES DISTRICTS IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF SAN SEGO. STATE OF CALIFORNIA. CCIJNTY RECORDER COUNTY OF SAN ISIFGO.CAFIFORNIA BY RECORDER DEPUTY 1011 PARIICULARS OF iHt LINES AND DIMENSIONS 01 ASSESSORS PARCELS, REFERENCE IS MADE TO THE MAPS OF THE ASSESSOR OF THE COUNTY OF SAN 01520 PREVIOUS REASSESSMENT I APN REASSESSMENT NO. I"I1Ic:',ISuF4soFSsMEFT 213-263-12-00 1107 NEW REASSESSMENT APN REASSESSMENT NO. 213-263-12-01 - 11077 213-263-12-02 1207-2 Prepared SE OEDDES.S.0D4 01001 S.E2 D.016 N s PibL 411 r2-- 3 P 7 I NOTICE OF AMENDED REASSESSMENT 7 I City of Carlsbad - Reassessment District No. 2012-1 Prepared by NBS - Amending Reassessment No. 1107 Recording requested by: THE ORIGINAL OF THIS DOCUMENT City of Carlsbad WAS RECORDED ON JAN 07. 201 q do NBS DOCUMENT NUMBER 2014-0007192 32605 Temecula Parkway, Suite 100 Ernest J, Droner,burg, Jr., COUNTY RECORDER Temecula, CA 92592 SAN DIEGO COUNTY RECORDER'S OFFICE After recordation, return to: TIME: 10:30 AM City of Carlsbad c/oNBS 32605 Temecula Parkway, Suite 100 Temecula, CA 92592 NOTICE OF AMENDED REASSESSMENT CITY OF CARLSBAD CITY OF CARLSBAD REASSESSMENT DISTRICT NO. 2012-1 AMENDING REASSESSMENT NO. 1107 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 Reassessment Diagram and Reassessment Roll were filed in the office of the Superintendent of Streets of the City of Carlsbad, as provided for in said Section 3114, and relating to the real property more particularly described on the Amended Reassessment Diagram filed in accordance with said Section 3114 on the 7 day of , 20 jj... in Book 'N Page(s) 3t , Document No. 2,)(q 711& of Book of Maps of Assessment and Community Facilities Districts in the office of the County Recorder of the County of San Diego. Said Amended Reassessment Diagram amends the City of Carlsbad Reassessment District No. 2012-1 Reassessment Diagram, City of Carlsbad, County San Diego, State of California filed on the 28th day of January, 2013 in the office of said County Recorder in Book 43, at Page(s) 97, Document No. 2013-0057606 of Book of Maps of Assessment and Community Facilities Districts. NOTICE IS FURTHER GIVEN that upon the recording of this Notice in the office of said County I Recorder, the several Reassessments assessed on the lots, pieces and parcels as shown on said filed Amended Reassessment Diagram shall become a lien upon the lots or portions of lots assessed, respectively. I Reference is made to the Amended Reassessment Diagram and Reassessment Roll filed in the office of the Superintendent of Streets of the City of Carlsbad for the amount of each of the Amended Reassessments. I Exhibit "A" hereto attached, and by this reference incorporated herein, shows the parcels subject to the Amended Reassessments. I DATED: bcceivbet," 17 , 20i. CITY CLERK CITY OF CARLSBAD STATE OF CALIFORNIA , II III SBAD % EXHIBIT "A" CITY OF CARLSBAD CITY OF CARLSBAD REASSESSMENT DISTRICT NO. 2012-1 AMENDING REASSESSMENT NO. 1107 Old Reassessment New Reassessment APN Number APN Number 213-263-12-00 11 1107 IF 213-263-12-01 1107-1 213-263-12-02 1107-2 Owners of Record 213-263-12-01: Orion Real Estate Operations LLC 213-263-12-02: LJR LLC U I I S I I Page 1 of 1 I 1~ METHOD OF ASSESSMENT PI City of Carlsbad - Reassessment District No. 2012-1 Prepared by NBS - Amending Reassessment No. 1107 City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 5 Part Ill Assessment Roll and Method of Assessment Spread On February 17, 2004 the City Council of the City Of Carlsbad, State o f C a l i f o r n i a , did, pursuant to the provisions of the Municipal Improvement A c t o f 1 9 1 3 , (Division 12 of the Streets and Highways Code of the State of Califo r n i a ) , A r t i c l e XIIID of the Constitution of the State of California, and the Propositi o n 2 1 8 Omnibus Implementation Act (Section 53750 and following of the Go v e r n m e n t Code) (collectively, the "Assessment Law"), and in accordance with City of Carlsbad Policy 33, adopt its Resolution of Intention No. 2004-057, f o r a c q u i s i t i o n or construction of certain public improvements, together with appu r t e n a n c e s a n d appurtenant work in connection therewith, in a special assessment d i s t r i c t k n o w n and designated as: ASSESSMENT DISTRICT NO. 2002-01 : (POINSETTIA LANE EAST) (hereinafter referred to as the "Assessment District"); and WHEREAS, said Resolution of Intention, as required by the Assess m e n t L a w , did direct the Assessment Engineer to make and file a "Reporr', cons i s t i n g o f t h e following as required by Section 10204 of the Act: Plans and specifications for the improvements proposed to be acqui r e d o r constructed in sufficient detail to show or describe the general nature, l o c a t i o n and extent of the improvements; A general description of the improvements proposed to be acquired a n d a n y property necessary or convenient for the operation of such improve m e n t s ; An estimate of the cost of the improvements and the costs of lands , r i g h t - o f - way, easements, and incidental expense in connection with the impr o v e m e n t s ; Assessment Diagram showing the Assessment District exterior boun d a r i e s , the boundaries of any benefit areas within the district and the lin e s a n d dimensions of each parcel within the district and the benefit are a s therein existing at the time of the adoption of the resolution of I n t e n t i o n ; A proposed assessment of the costs and expenses of the improve m e n t s levied upon the parcels within the boundaries of the Assessm e n t District in proportion to the estimated special benefits to be r e c e i v e d b y each subdivision of property from the improvements; I Prepared byGaten N. Peterson March 29, 2004 City of Carlsbad - Assessment District No. 200201 (Poinsettia Lane East) Page 6 f. The proposed maximum annual assessment to be levied u p o n e a c h subdivision or parcel of land within the Assessmen.t Distr i c t s p e c i a l l y benefiting from the improvements and for which the ass e s s m e n t i s unpaid to pay the costs incurred by the City. and not oth e r w i s e reimbursed resulting from the administration and colle c t i o n o f assessments or from the administration and registration of a n y a s s o c i a t e d bonds and reserve or other related funds. For. particulars, reference is made to the Resolution of Inten t i o n a s p r e v i o u s l y adopted a copy of which is included in Appendix "A" of thi s R e p o r t . NOW, THEREFORE, I, GALEN N. PETERSON, pursuant t o t h e A s s e s s m e n t Law, do hereby submit the following: Pursuant to the provisions of Assessment Law and th e R e s o l u t i o n o f Intention, I have assessed the costs and expenses of the acq u i s i t i o n o r construction of the improvements upon the parcels of land in th e Assessment District specially benefited thereby in direc t p r o p o r t i o n a n d relation to the estimated special benefits to be received b y e a c h o f , said parcels from the improvements. For particulars as to t h e identification of said parcels, reference is made to the As s e s s m e n t Diagram, a copy of which is attached hereto. ) As required by Assessment Law, a Diagram is attached, sho w i n g t h e Assessment District and the benefit areas therein, as well a s t h e boundaries and dimensions of the respective parcels an d subdivisions of land within said District and the benefit are a s t h e r e i n a s the same existed at the time of the passage of said Res o l u t i o n o f intention, each of which subdivisions of land or parcels or lot s respectively have been given a separate number upon said Di a g r a m a n d i n said Assessment Roll. The subdivisions and parcels of land, the numbers therein as s h o w n o n t h e respective Assessment Diagram as attached hereto, corres p o n d w i t h t h e I . numbers as appearing on the Assessment Roll as contained h e r e i n . . 4. NOTICE IS HEREBY GIVEN that bonds will be issued in ac c o r d a n c e w i t h I Division 10 of the Streets and Highways Code of the Sta t e o f California (the "Improvement Bond Act of 1915"), to repres e n t a l l u n p a i d I assessments, which bonds shall be issued not to exc e e d t h e l e g a l maximum term as authorized by law, i.e., THIRTY-NI N E ( 3 9 ) Y E A R S from the 2nd day of September of the next succeeding twelve ( 1 2 ) m o n t h s I . from the date of the bonds. Said bonds Shall bear interest at . a r a t e n o t t o the legal rate of 12% annum. exceed current maximum per 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 L a w a n d b y f u r t h e r direction and order of the legislative body, I hereby reco m m e n d t h e following Assessment to cover the costs and expenses o f t h e acquisition or construction of the improvements for t h e A s s e s s m e n t District based on the costs and expenses as set forth be l o w : As Preliminarily As Finally I . Approved Approved and Confirmed Construction and Incidental Costs less $ 34,995,291.23 $ 34,995,291.23 General Benefit (1) I 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) $ 41766,342.97 $ 41,166,342.97 I , Subtotal Benefit Area No. 1 (2) $ 29,417,441.97 $ 2 9 , 4 1 7 , 4 4 1 . 9 7 Subtotal Benefit Area No. 2(2) $ 12,348,901.00 $ 1 2 . 3 4 8 , 9 0 1 0 0 I :Total Assessment (2) $ 41766,342.97 $41,766,342. 9 7 } For particulars as to the individual assessments and the i r d e s c r i p t i o n s , reference is made to Exhibits 2 and A attached hereto. I (1) The general benefit not assessed is associated with a p o r t i o n o f Poinsettia Lane and El Fuerte as discussed in Exhibit A. An I amount equal to such general benefit will be contributed by t h e developers as a deduction from the purchase price for i m p r o v e m e n t s to be acquired and not reimbursed from bond proceeds. 1 (2) included in the total assessment are projected individ u a l assessments representing the special benefit from the I .. improvements to be conferred on public parcels (such as t h e s c h o o l and park), non-profit organizations (such as open space p a r c e l s ) and home owner association parcels to be created by th e f u t u r e subdivision of the existing parcels within, the Assessment Di s t r i c t . I Assessments apportioned to such parcels upon the creatio n t h e r e o f will be contributed by the developers either as a deduction f r o m t h e purchase price for improvements to be acquired and not r e i m b u r s e d I from bond proceeds or, if the purchase price for all improve m e n t s has been paid at the time of creation of any such parcel, b y a c a s h contribution equal to the amount necessary to pay off any su c h I assessment. . Prepared by Galen N. Peterson March29, 2004 I City of Carlsbad-. Assessment Di s t r i c t N o . 2 0 0 2 . 0 1 ( P o i n s e t t i a L a n e E a s t ) Page 8 Summary of Developer Contributi o n s t o O f f s e t General Benefit and Special Bene f i t A s s e s s m e n t s Bressi La Costa Ranch Greens (Benefit (Benefit Area No. I ) Area No. 2) Total General Benefit Poinsettia Lane - Segment 1, Street Improvements Poinsettia Lane - Segment 2, Street Improvements El Fuerte - Street Improvements Total GeneraiBeneflt $ 219,539.28 $ 193,460.72 $ 413,000.00 $ 92,493.55 $ 81,506.45 $ 174000.00 381360.0 4. 381,360.00 $ 693,392.82 $ 274,967.18 $ 968,360.00 I I I I I I I I SDecIal Benefit - Parcels Owned by Public Agencies, Non-Profit Organizations and Home Owners Association 111 City Park $ - $ 460,797.79 $ 460,797.79 Open Space $ 48,567.87 $ 26,635.11 $ 75,202.98 Home Owners Association (HOA) 0140.16 3 20,140.16 Total Special Benefit (1) $ 48,567.87 $ 507,573.06 $ 556,140.93 Total Developer Contributions (I) $ 741,960.69 $ 782,540.24 $ 1,524,500.93 Notes: (1) Additional future parcels which will be o w n e d b y P u b l i c A g e n c i e s , N o n - P r o m Organizations or Home Owners Associ a t i o n s a r e i d e n t i f i e d i n A p p e n d i x F a n d the special benefits of these parc e l s w i l l b e a p p o r t i o n e d a t t h e t i m e o f subsequent subdivision of existing parc e l s . T h e a s s e s s m e n t s f o r t h e s e f u t u r e parcels will be contributed by the deve l o p e r s e i t h e r a s a d e d u c t i o n f r o m t h e purchase price for improvements to b e a c q u i r e d a n d n o t r e i m b u r s e d f r o m bond proceeds or, if the purchase pri c e f o r a l l i m p r o v e m e n t s h a s b e e n p a i d a t the time of creation of any. such par c e l , b y a c a s h c o n t r i b u t i o n e q u a l t o t h e amount necessary to pay off any suc h a s s e s s m e n t . 6. The Method and Formula of S p r e a d o f A s s e s s m e n t i s a s s e t f o r t h i n Exhibit "A", which is attached her e t o , r e f e r e n c e d a n d s o i n c o r p o r a t e d Prepared by Galen N. Peterson March 29, 2004 I City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 9 Exhibit 2 Assessment Roll Assessment Number Land Use As Preliminarily As Finally Approved Approved and Confirmed Planned Industrial $ 133,110.09 $ 133,110.09 Planned Industrial 3 1,487,685.30 $ 1,487,685.30 Planned industrial $ 2,832,724.07 $ 2,832,724.07 Planned Industrial $ 2,819,254.43 $ 2,619,254.43 Planned Industrial $ 1,741,701.50 $ 1,741,101.50 Single Family Development $ 2,493,790.47 $ 2,493,790.47 Single Family Development $ 1,528,810.49 $ 1.528.810.49 Single Family Development $ 2,417,449.94 $ 2,417,449.94 Single Family Development & HOA $ 1,802,430.14 $ 1,802,430.14 Single Family Development & HOA . $ 2,155,048.02 $ 2,155,046.02 Single Family Development $ 815,981.03 $ 815,981.03 Single Family Development & HOA $ 2,319,874.24 $ 2,319,874.24 Church, Day Care& School $ 1,250,040.18 $ 1,250,040.18 Planned Industrial . $ 74.69103 $ 74,691.03 Rs& om. AM&W MOWM UWI& oys a Gkb CW WW Opsn s $ 5,748,853.07 $ 5,746,853.07 Open Space (OS) $ $ - OS (Assm'nt Contributed by Developer) $ - $ - Open Space (OS) S. $ Open Space (OS) $ $ - Open Space (OS) $ - $ - Open Space (OS) . $. - $ - $ 1,127,846.77 $ 1,127,846.77 Open Space (OS) $ - $ - Park (Assm'nt Contributed by Developer) $ $ - Single Family Development & School $ 3,053,281.02 $ 3,053,281.02 Single Family Development $ 2,357,989.35 $ 2,357,989.35 Open Space (OS) $ $ - HOA (Assm'nt Contributed by Developer) $ - $ - Single Family Development $ 2,748,861.05 $ 2,748,881.05 Open Space (OS) ' $ $ - Single Family Development $ 512,387.86 $ 5t2,387.88 HOA (Aesm'nt Contributed by Developer) $ - $ - Multifamily (Affordable) (Assm'nt Contributed by Developer) $ - $ lownhcmelSlngle Family 0ev . $ 2,550,554.95 $ 2,550,554.95 Open Space (OS) $ Open Space (OS) $ * $ - HOA (Asam'nt Contributed by Developer) $ • $ - Open Space (OS) $ - $ OS (Assm'nt Contributed by Developer) $ . $ - Total $ 41,766,342.97 $ 41,168,342.91 Prepared by Galen N. Peterson March 29, 2004 I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 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 t h a t 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 mu s t 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 distric t 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 analysi s o f the facts and determining the correct apportionment of the assessment obligatio n . 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 analys i s has been completed and is used as the basis for apportioning costs to eac h property within the Assessment District as explained below. Based upon an analysis of the special benefit to be received by each parc e l from the improvements, the Assessment Engineer recommends the apportionment of costs as outlined herein. The final authority and action rests wit h 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 r e c o r d 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 ballot s 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 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 (AOl) generation. Potable water, sewer and dry utility costs ar e s p r e a d on an equivalent dwelling unit (EDU) basis. Recycled water c o s t s a r e s p r e a d t o the roadway and specific parcels based on the amount of recyc l e d w a t e r u s e d f o r the irrigation of each roadway and specific parcel. The incide n t a l e x p e n s e s h a v e been based, on either the actual cost to each component of t h e i m p r o v e m e n t s o r i f the incidental costs apply to all such components then to the pr o r a t e d c o n s t r u c t i o n cost of each such component. Because some of the assessor parcel boundaries do not coinci d e w i t h t h e V i l l a g e Planning Areas or Neighborhoods, some initial assessments Will be placed in aggregate on multiple assessor parcels until final maps are re c o r d e d a n d t h e n e w assessor parcels coincide with the Village Planning Areas or N e i g h b o r h o o d s a s applicable. The procedure of identifying and apportioning special bene f i t t o t h e l a n d u s e s a n d parcels has been organized as follows: A. Identification of Benefit Components A-I Backbone Roadway Improvement Components I A-2 Backbone Potable Water and Sewer Improvement C o m p o n e n t s A-3 Backbone Recycled Water Improvement Components I A-4 Backbone Dry Utilities Improvement Components I ,. A-5 Incidental Expenses Components B. Special Benefits C. General -Benefits I D. Proportioning Special Benefits D-I Land Use Categories I D-2 Benefit Roadway Improvements Proportionate Special of I 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 City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane Ea s t ) Page 12 E. Proclamations E-1 Assessments Equal to or Less Than the Proportional Special B e n e f i t s E-2 Reasonableness and Justification of Asses s m e n t s E-3 Future Apportionment A. IDENTIFICATION OF BENEFIT COMPONENTS The improvements to be acquired or constructed by t h e C i t y f r o m t h e p r o c e e d s o f bonds issued for each benefit area of the Assessment D i s t r i c t a r e n e c e s s a r y f o r development of the Assessment District parcels and are required by the Villages of La Costa (The Greens) and by the Bressi Ranch M a s t e r P l a n s a n d t h e conditions of development as set forth in the la n d u s e e n t i t l e m e n t s a p p r o v e d by the City for each benefit area. Without the impro v e m e n t s , t h e p a r c e l s w i t h i n 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 utili z e d t o t h e i r h i g h e s t a n d b e s t use without the backbone roadways and utilities that w i l l b e f u n d e d b y t h e Assessment District.- A-1 Backbone Roadway Improvement Component s The foremost purpose of the Assessment District is to p r o v i d e f i n a n c i n g f o r t h e backbone road access so the Assessment District p a r c e l s c a n b e developed. The most significant and costly improv e m e n t i s t h e w o r k associated with the road construction. The road constru c t i o n h a s c r e a t e d t h e need to relocate sewer mains and utilities, re-establish habitat areas, and install landscaping to protect the roadway slopes. Th e r o a d c o n s t r u c t i o n h a s also created the need to construct storm drains to prote c t t h e r o a d w a y a n d t o relocate other facilities and provide mitigation areas th a t w o u l d n o t h a v e otherwise been necessary if the road was not cons t r u c t e d . T h e r o a d a n d associated costs have been placed into one roadw a y i m p r o v e m e n t c o m p o n e n t for the purpose of defining the roadway costs and appo r t i o n i n g s p e c i a l b e n e f i t . A percentage of the cost of the backbone recycled water distribution system . has been spread in the same manner as the roadway e x p e n s e s . T h i s p o r t i o n of the. recycled water system improvements will provi d e a n i r r i g a t i o n w a t e r system for the roadway landscaping. The roadway improvement component includes: Po i n s e t t i a L a n e , E l F u e r t e , E l Camino Real, relocation of utilities, establishment o f h a b i t a t m i t i g a t i o n areas, and a portion of the recycled water system to s e r v e t h e r o a d w a y landscaping. I Prepared by Galen N. Peterson March 29, 2004 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 cer t a i n backbone utility improvements within the roadway right of way concurrentl y with construction of the roadway improvements. These improvements c o n f e r a different special benefit to the properties than the special benefit conferre d b y the roadway improvements. Therefore potable water and sewer (other t h a n relocated facilities for the roadway costs) have been separated into w e t u tility components for purposes of defining special benefits and allocating the c o s t s of such components. A-3 Backbone Recycled Water improvement Components U Coincidental to the roadway improvements is the necessity to constru c t c e r t a i n backbone recycled water improvements within the roadway right of way I concurrently with construction of the roadway improvements. A percentag e o f these improvements confer a different special benefit to the properties t h a n the special benefit conferred by the roadway improvements based on w h e r e I the recycled water will be used. The recycled water facilities have been separated into a separate component for purposes of defining specia l b e n e f i t s and allocating the costs of such components. A-4 Backbone Dry Utilities Improvement Components Coincidental to the roadway improvements is the necessity to construct ce r t a i n backbone dry utility improvements within the roadway right of way co n c u r r e n t l y with construction of the roadway improvements. These improvements co n f e r a - different special benefit to the properties than the special benefit conferr e d b y the roadway improvements. Therefore the dry utilities have been separ a t e d 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 co s t s include, but are not limited to: construction administration, constructio n supervision, design, testing, surveying, assessment engineering, audit of acquisition costs, financial advisors, appraisals, bond counsel, underwritin g , official statement printing, financing cost and establishment of a bond re s e r v e fund. The costs of the formation of the Assessment District, including t h e c o s t s of issuance, have been determined to be eligible for inclusion and are included in the Assessment District incidental costs. Some of these costs c a n be assigned directly to one of the benefit components as shown in App e n d i x "E". Other costs that cannot be assigned directly to one of the benefit 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 nu m b e r i n a c c o r d a n c e with that assessment number's share of the Construction cost . B. SPECIAL BENEFITS The purpose of this Assessment District is to fund thern co n s t r u c t i o n a n d acquisition of public improvements required to serve the As s e s s m e n t D i s t r i c t ' parcels. Special benefit is received by each parcel within t h e b o u n d a r i e s o f t h e Assessment District from new roadway access and the avail a b i l i t y o f u t i l i t y services that are required and necessary for the properties to d e v e l o p t o t h e i r h i g h e s t and best use in accordance with and as permitted by the app r o v e d l a n d u s e I entitlements. The improvements to be constructed and/or acquired by t h e D i s t r i c t ' accommodate the planned development within the Assess m e n t D i s t r i c t a r e a i n accordance with the approved land use entitlements. The V i l l a g e s o f L a C o s t a ( T h e Greens) and the Bressi Ranch Specific Plan environmental d o c u m e n t s a n d t h e I Tentative Map identify the need for access and utilities, an d p l a c e c o n d i t i o n s upon the parcels within the Assessment District to provi d e t h o s e i m p r o v e m e n t s . The Assessment District Improvements satisfy the conditions o f d e v e l o p m e n t b y I .. providing access and backbone utilities so the projects ca n s u p p o r t t h e i r p l a n n e d uses. Without the improvements, the parcels within the Asses s m e n t D i s t r i c t c o u l d not be developed to their planned and conditionally approve d u s e s . I . The special benefit conferred on the parcels within the As s e s s m e n t D i s t r i c t f r o m the proposed improvements include: increased development p o t e n t i a l , r e l i e f f r o m I ...,,.access constraints, improved accessibility to utilities, fulfillme n t o f d e v e l o p m e n t conditions and ensured investment returns. The special b e n e f i t t o e a c h p a r c e l i s such that the parcels will be allowed to gain access to a publi c s t r e e t n e t w o r k a n d I . have water, sewer, recycled water and dry utilities readily availa b l e , t h e r e b y a l l o w i n g them to develop to their highest potential. I Special benefit accrues to each parcel to be subdivi d e d a n d s e r v e d b y t h e improvements to be constructed. Since some of the areas w i t h i n t h e A s s e s s m e n t District have not been subdivided into individual t o t s a t t h i s t i m e , t h e I . assessments will be placed in aggregate on one o r m o r e e x i s t i n g a s s e s s o r parcels and apportionment of the assessments will take pla c e a s f i n a l m a p s r e c o r d . I C. GENERAL BENEFITS Some public improvements will confer general benefit to prop e r t i e s o r t h e p u b l i c a t I large outside the Assessment District. In making an analy s i s , a r e v i e w w a s conducted of the surrounding areas. The review resulted in id e n t i f y i n g g e n e r a l benefits that accrued to properties outside the Assessment D i s t r i c t . 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, Poin s e t t i a I - Lane did not exist east of El Camino Real. Four lanes are proposed to b e constructed. Two lanes are required to serve the estimated volume of t r a f f i c generated by the Assessment District parcels. Two center lanes (one in ea c h I direction) are required for through traffic originating outside of the Assessm e n t District. The costs associated with the construction and placement of the a s p h a l t and base for the two center lanes have been determined to be a gener a l 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 t e r m i n u s of El Fuerte Street at the southerly boundary of Bressi Ranch. Four lanes a r e proposed to be constructed. Two lanes are required to serve the esti m a t e d volume of traffic generated by the Assessment District parcels. Two cente r I lanes (one in each direction) are required for through traffic originating o u t s i d e o f 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 withi n t h e 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 1 I Lane and El Fuerte Street is approximately $968,380. The grading benea t h the two center lanes of each roadway benefits the Assessment District because it provides lateral support to the Assessment District paved lane s . T h i s grading can not be eliminated from the overall roadway grading without I constructing retaining walls that would unreasonably increase the Asse s s m e n t District cost. Therefore all of the Poinsettia Lane and El Fuerte Street gradi n g .provides special benefit to the Assessment District Properties. I Q. PROPORTIONING SPECLAL 8ENEFS I 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, sc h o o l , home owners association recreation areas, park and open space. - . Except for the irrigated areas in Assessment Numbers 17 and 39 (Village Green 08-2 and open space lot 34), the non-active and I . undeveloped open space areas do not receive special benefit from t h e works of improvements and will not be assessed. Open space area s a r e 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 0-2 Proportionate Special Benefit of Roadway Improv e m e n t s Trip Generation Factors for Roadway Improvements The use of and need for roadway improvements is a function o f t h e number of vehicle trips per day generated by the use of t h e l a n d served by the streets. Traffic engineers have developed t r a f f i c generation factors, which are related to development density a n d t y p e of land use. Therefore, trip generation is an appropriate basi s f o r apportioning roadway improvements and related costs amo n g t h e specially benefited parcels. The trip generation factors will be e s t i m a t e d from the July 1998, SANDAG Trip Generation Manual and w e i g h t e d a s explained below. SANDAG categorizes trips as primary, diverted and pass-by. T h i s analysis uses only the primary trip percentages for the non- r e s i d e n t i a l land use categories to avoid double counting of the residential tr i p s . Single Family Detached Trip Generation The Average Daily Trips (ADT) per detached single-family dw e l l i n g i s 1 0 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 c o n d o m i n i u m unit is 8 ADT. Affordable Housing (Bressi Ranch) Trip Generation. The Average Daily Trips for each affordable housing unit, base d o n t h e • formula in footnote R of the 1998 SANDAG Trip Generation M a n u a l , i s 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, b a s e d o n t h e 1.998SANDAG Trip Generation Manual for apartments, is 6 AD T . Assisted Living Trip Generation The Average Daily Trips for each assisted living room, based o n 1 9 9 8 SANDAG Trip Generation Manual for congregate care facilit y , i s 2 A D T . Industrial Trip Generation • The Average Daily Trips for industrial park is 80 ADT per n e t a c r e . T h e 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 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 lafld 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 acr e . The primary trip percentage for an elementary school site is 57%. I ChLirch 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 Trio 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 a t 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, HomeOwners 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 persite, 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. Paric 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 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 unif o r m 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 compa r e d t o 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 be l o w : Poinsettia Lane - Poinsettia Lane roadway costs specially benefit all I : assessment numbers in the Assessment District. Therefore, Poinsettia La n e roadway costs were allocated to all assessment numbers based on the 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 allo c a t e d only to assessment numbers I through 21 based on the ADT generation factors and weighting applicable to El Fuerte. El Camino Real (Bressl 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 w e r e allocated only to assessment numbers I through: 21 based on the ADT I : generation factors and weighting applicable to El Camino Real (Bressi R a n c h portion). I : 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 El El 1 I City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 19 Therefore, El Camino Real (Greens portion) roadway costs were alloc a t e d only to assessment numbers 22 through 39 based on the AOl 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 b e n e f i t variable is average daily demand. The detached single family ho m e w i l l 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 o f t h e City of Carlsbad Water Master Plan. A summary of the water and sewer usage is shown below: Land Use Potable Water and Sewer Usaae 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 dwell i n g I unit (EDU) weight of 1.0 EDU. By converting the gallons per day to EDU we arrive at the following table: En I I I I.. I .. I 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 f o r park as 2.5 acre-foot per acre per year. This translates to 2,230 g a l l o n s 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 irrig a t i o n , resulting in 0.4 EDU per acre (0.1 x 2,230/550) of parkland. Prepared by Galen N. Peterson March 29, 2004 City of Carlsbad - Assessment District No. 2002.01 (Poinsettia Lane E a s t ) Page 20 Homeowner association (HOA) lots water usage w a s e s t i m a t e d b a s e d o n ' the characteristics of the parcels and their ex p e c t e d l a n d u s e . T h e H O A lots 47, 48 and 49 within Benefit Area No. 2 wer e a s s i g n e d 2 . 4 1 , 2 . 0 8 and 1.43 EDU per site, respectively. The thre e H O A a r e a s i n P l a n n i n g Areas 9, 10 and 12 and the Village Green ar e a ( O S - 2 ) w i t h i n B e n e f i t Area No. I were assigned 3.8 EDU. The Villag e S q u a r e a r e a i n Planning Area 15 within Benefit Area No. I was a s s i g n e d 1 . 0 E D U . The Assessment Diagram identifies two benefit z o n e s f o r s e w e r improvements. Sewer Zone A includes all of the A s s e s s m e n t D i s t r i c t p a r c e l s that benefit from the sewer improvements. Sewe r Z o n e B i n c l u d e s t h e remaining Assessment District parcels that do n o t b e n e f i t f r o m t h e s e w e r improvements. The water and sewer costs for new facilities (se w e r r e l o c a t i o n r e l a t e d t o the construction of the road was allocated wi t h t h e s t r e e t c o s t s ) r e l a t e d to each street segment were allocated only to th e a s s e s s m e n t n u m b e r s that specially benefit from such water and sewe r c o s t s a s s e t f o r t h below: Poinsettia Lane Segment I - Poinsettia Lane Segment I water costs specially benefit only assessment numbers 22 t h r o u g h 3 9 . T h e r e f o r e , Poinsettia Lane Segment I water costs were alloc a t e d o n l y t o a s s e s s m e n t numbers 22 through 39 based on the applicable E D U f a c t o r s . Poinsettia Lane Segment 2— Poinsettia Lane S e g m e n t 2 w a t e r c o s t s specially benefit only assessment numbers I t h r o u g h 2 1 . T h e r e f o r e , Poinsettia Lane Segment 2 water costs were alloca t e d o n l y t o a s s e s s m e n t numbers I through 21 based on the applicable ED U f a c t o r s . El Fuerte - El Fuerte water costs specially benefit only assess m e n t n u m b e r s I through 21. Therefore, El Fuerte water costs w e r e a l l o c a t e d o n l y t o assessment numbers I through 21 based on the a p p l i c a b l e E D U f a c t o r s . El Camino Real (Bresel Ranch portion) - El Camino Real (Bressi Ranch portion) water costs specially benefit only asses s m e n t n u m b e r s I t h r o u g h 21. Therefore, El Camino Real (Brissi Ranch portion ) w a t e r c o s t s w e r e allocated only to assessment numbers 1 through 2 1 b a s e d o n t h e a p p l i c a b l e EDU factors. El Camino Real (Greens portion) - El Camino Real (Greens portion) water costs specially benefit only assessment numbers 2 2 t h r o u g h 3 9 . T h e r e f o r e , El Camino Real (Greens portion) .water costs wer e a l l o c a t e d o n l y t o assessment numbers 22 through 39 based on the a p p l i c a b l e E D U f a c t o r s . 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 21 Sewer costs benefit only assessment numbers in S e w e r Z o n e A , a s s h o w n on the Assessment Diagram. Therefore, sewer c o s t s f o r e a c h r o a d s e g m e n t were allocated to the respective assessment nu m b e r s t h a t t h e w a t e r w a s allocated to, but only to parcels within Sewer Z o n e A b a s e d o n t h e a p p l i c a b l e EDt) factors. There was no assessment for s e w e r c o s t s t o t h e a s s e s s m e n t numbers in Sewer Zone 81 as shown on the Assessment Diagram. Summary of Special Benefit Factors • Land Use Category Road way_Improvements Utilities ADT Primary Trip % Applied 1 Adjusted ADT EDUs Single Family 1O/DU Detached - 10/ DU 1.0 / DU Single Family. 8/ DU Attached - 8/ DU 0.5 / DU Affordable Housing 6.4 / DU (Bress Ranch) - 6.4 / DU 0.5/ DU Apartment (Affordable 6/ DU Housing) - 6/ DU 0.5 / DU Assisted Living 2/ Room - 2/ Room 4.2 / 10ksf Industrial 80/ AC 79% 63/ AC 4.2/ 1 0ksf Community Retail 40/1,000 SF 181/1,000 SF 4.2/ lOksf Office 7/1,000 SF 82% 6 /1,000 SF 4.2 / l0ksf School 601 AC 57% 34/AC 4.2/ 10ksf Church 30 1 AC 64% 19 /AC 4.21 10ksf Day Care 80/11000 SF 28% 97.4 / AC 4.2/10ksf Boys & Girls Club 90/AC 52% 47/AC '4.2ll0ksf Homeowners Association Rec Areas 5/AC 25% 1.25 /AC and per site 4.2 / lOksf and per site Community (Regional) 20/ AC Park 66% 13/ AC 0.4 / AC 1. Primary Trips are defined by SANDAG as 'one trip directly between origin and primary destination.' Prepared by Galen N. Peterson • March 29, 2004 City of Carlsbad - Assessment District No. 200201 (Poinsettia Lane East) Page 22 Recycled Water The recycled water system located within the public right-of-way will provid e irrigation water to (i) medians, parkways, and adjacent roadway slopes ( i n and adjacent to the public streets and public easements) (ii) landscape d slopes and pocket parks within the home owners association open spa c e areas (iii) landscaped areas of the public park (iv) landscaped areas of t h e school (v) landscaped areas of the private school and (vi) landscaped a r e a s 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 e a c h 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 a p p l i e d 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 t h e assessment numbers that specially benefit from the roadways. The resultin g recycled water system cost for the second category was spread to all of t h e residential units within the homeowners association that specially benefit s from the open space areas. The resulting recycled water system cost for th e last four categories was spread to the assessment numbers that correspon d 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 (li m i t e d 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 o n EDU factors usingthe same methodology and, except as noted belo w , t h e same factors as were used in allocating water costs. Due to the unique characteristics of the home owner association lots, t h e following dry utilities EDU factors were used for these lots: The HO A l o t s 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 (08-2) within Benefit Area N o . 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 The costs to form this Assessment District, including the costs of issuance , have been determined to be eligible for inclusion in the Assessment Di s t r i c t Prepared by Galen N. Peterson March 29, 2004 City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane Eas t ) Page 23 funding. Some of the incidental costs can be assign e d d i r e c t l y t o o n e o f t h e benefit components as shown in Appendix "E". These c o s t s t h a t c a n n o t b e assigned directly to any one of the benefit components and therefore h a v e been separated into a separate component for purpo s e s o f d e f i n i n g s p e c i a l benefits and allocating costs on a pro-rata basis r e l a t i v e t o t h e improvement costs associated with each parcel as s h o w n i n T a b l e I o f Appendix F. The financing Costs (bond discount and b o n d r e s e r v e ) , including capitalized interest, have also been assess e d o n a p r o - r a t a basis relative to the improvement costs associate d w i t h e a c h p a r c e l . 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 Distri c t i m p r o v e m e n t s exceeds the assessment allocated to each parcel. The i m p r o v e m e n t s p r o v i d e d will increase the value of each parcel by more than t h e a s s e s s m e n t l e v i e d upon it. To ensure that the assessments will be equa l t o o r l e s s t h a n t h e proportional special benefit conferred, a review was ma d e o f s i m i l a r properties in the vicinity. Comparison of recent sales r e c o r d s i n d i c a t e d t h a t the average price per square foot of raw land increased in an amount grea t e r than the costs of the assessments per square fo o t a f t e r b a c k b o n e roadway and utility improvements were in place. E-2 Reasonableness and Justification of Assess m e n t s It is well known and understood by the developme n t c o m m u n i t y t h a t p u b l i c infrastructure is required for raw land to develop to its hi g h e s t a n d b e s t u s e . After the passage of Proposition 13 and Assembly Bill 1 6 0 0 , d e v e l o p e r s a n d investors realize that they must provide the publi c i n f r a s t r u c t u r e t o support their developments without burdening existi n g p r o p e r t i e s . T h e Assessment District improvements are estimated to a d d 7 % o r m o r e v a l u e to each parcel's overall value. A review of other dev e l o p m e n t s h a s s h o w n that this percentage is consistent with the costs of pr o v i d i n g b a c k b o n e access and utilities to raw land in similar developments. T h e r e f o r e t h i s Assessment levy is reasonable in relationship to the ad d e d v a l u e t h e 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 exi s t i n g p a r c e l s w i t h i n the Assessment District will not, at the time of formatio n o f t h e A s s e s s m e n t I .District, have been subdivided into final lots, the initia l a s s e s s m e n t s established at the time of formation of the Assessm e n t D i s t r i c t w i l l b e p t a e d I .•. Prepared by Galen N. Peterson March 29, 2004 I City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 24 in the aggregate on the assessors parcels existing at the t i m e o f f o r m a t i o n o f the Assessment District. An assessment levied on a parcel e x i s t i n g a t t h e time of formation of the Assessment District will be appor t i o n e d a m o n g t h o s e parcels created by the subsequent subdivision of such existi n g p a r c e l . Assessments apportioned to any parcel created by the s u b d i v i s i o n o f a n existing parcel which is to be owned by a public agency ( e a c h , a " P u b l i c Parcel") or a non-profit 501(c)(3) organization (each, a "5 0 1 ( c ) ( 3 ) P a r c e l " ) o r a home owners association (each, an "HOA Parcel") must b e p a i d o f f i n f u l l prior to the recordation of the final subdivision map creati n g s u c h P u b l i c Parcel or 501(c)(3) Parcel or HOA Parcel or contributed by t h e D e v e l o p e r a s a reduced purchase price for improvements to be acquired p u r s u a n t t o t h e Acquisition/Financing Agreement. The City shall not provide t o t h e o w n e r o r subdivider of such existing parcel a certificate as required by Government Code Section 66493(f) for any subdivision certifying that the C i t y C o u n c i l h a s determined that provision has been made for the segregati o n o f t h e responsibility of each of the proposed new parcels for a portion of the assessment unless payment in full of the assessments apport i o n e d t o a l l Public Parcels, 501(c)(3) Parcels and HOA Parcels created b y s u c h , subdivision has been received by the City or otherwise contri b u t e d a s described above. It is the City of Carlsbad's policy that final lots that receiv e s i m i l a r s p e c i a l benefit also have similar final assessments. If the future s u b d i v i s i o n o f a n y planning area does not yield the estimated number of dwell i n g u n i t s , t h e C i t y reserves the right to require upon application of assessment reapportionment, that a portion of the outstanding assessment be paid b y t h e p r o p e r t y owners to ensure that the assessments remain consistent w i t h i n a n d between the planning areas as further provided in the Acquisit i o n / F i n a n c i n g Agreement All reapportionments will be subject to City o f C a r l s b a d policies and procedures. FINDINGS AND DETERMINATIONS OF ASSESSMENT EN G I N E E R The undersigned, Galen N. Peterson, hereby finds and de t e r m i n e a s f o l l o w s : A. The proportionate special benefit derived by each parcel p r o p o s e d t o b e .assessed has been determined in relationship to the entirety of th e c o s t s I of the improvements to be funded from the proceeds of the b o n d s i s s u e d for the Assessment District and the cash collections. I B. No assessment is proposed to be imposed on any parc e l , w h i c h e x c e e d s the reasonable cost of the proportional special benefit confer r e d o n t h a t parcel. I 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. 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 r e c e i v e a special benefit from the improvements have been assessed accordi n g l y . I In conclusion, it is my opinion that the assessments for the reference d Assessment District have been spread in direct accordance with t h e e s t i m a t e d special benefits that each parcel receives from the improvements. Dated: dayof g4141 ,200.. GALEN N. PETE SON, 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 H I I I Prepared by Galen N. Peterson March 29, 2004 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 t h e D i a g r a m attached thereto, was filed in my office on the /_7z4 day of ,4€144L 2004. CITY OF CARLSBAD STATE OF CALIFORNIA LORRAINE M. WOOD, CITY CLERK of the CITY O F C A R L S B A D , I CALIFORNIA do hereby certify that the foregoing Assess m e n t , t o g e t h e r w i t h the Diagram attached thereto, was preliminarily approved b y t h e C i t y C o u n c i l o f the CITY OF CARLSBAD, CALIFORNIA, on theI 7 d a y o f / 4 1 e d 4 , i # 200k 4ALI YiLt do. ~.dn &.411 I - U CITY OF CARLSBAD STATE OF CALIFORNIA LORRAINE M. WOOD, CITY CLERK of the CITY OF C A R L S B A D , CALIFORNIA do hereby certify that the foregoing Asses s m e n t , t o g e t h e r w i t h I the Diagram attached thereto, was approved and c o n f i r m e d b y t h e C i t y Council of said City on the day of 200 CITY CLERK I CITY OF CARLSBAD STATE OF CALIFORNIA I I, GLENN PRUIM, Superintendent of Streets I City Engineer of the CITY OF CARLSBAD, CALIFORNIA do hereby certify that the fo r e g o i n g A s s e s s m e n t , together with the Diagram attached thereto, was filed i n m y o f f i c e o n t h e I —day of _ SUPERINTENDENT OF STREETS /CITY ENGINEER CITY OF CARLSBAD - STATE OF CALIFORNIA I I Prepared by Galen N. Peterson March 29, 2004 NBS helping communities fund tomorrow • '1 helping communities fund tomorrow Reassessment Apportionment Report Reassessment District No. 2012-1 Amending Reassessment No. 90 City of Carlsbad November 2015 Main Office Regional Office 32605 Temecula Parkway, Suite 100 870 Market Street, Suite 1223 Temecula, CA 92592 San Francisco, CA 94102 Toll free: 800.676.7516 Toll free: 800.434.8349 I T 0 C TABLE OF CONTENTS APPORTIONMENT OF REASSESSMENT I PRIOR PARCEL MAP 2 CURRENT PARCEL MAP 3 NOTICE TO BONDHOLDER 4 AMENDED REASSESSMENT DIAGRAM 5 NOTICE OF AMENDED REASSESSMENT 6 METHOD OF ASSESSMENT 7 City of Carlsbad - Reassessment District No. 2012-1 Prepared by NBS -Amending Reassessment No. 90 I' I I I I I 11 I I] 'Ii ii I APPORTIONMENT OF REASSESSMENT 11 I I I I City of Carlsbad - Reassessment District No. 2012-1 Prepared by NBS - Amending Reassessment No. 90 I I I I I I CITY OF CARLSBAD CITY OF CARLSBAD REASSESSMENT DISTRICT NO. 2012-1 AMENDING REASSESSMENT NO. 90 Old APN Reassessment Number Acreage Original Reassessment F New APN Reassessment Number . Acreage(1) Building Square Footage(1) Original Reassessment 213-122-17-00 90 14.180 $684,130.01. 213-122-18-00 90-1 12.490 94,904 $684,130.01 213-122-19-00 90-2 1.760 0 0.00 Totals: 14.180 $684,130.01 Totals: 14.250 94,904 $684,130.01 (1) Per the original Engineer's Report, the spread of this assessment is based upon the building square footage. Owner of Record Pacific Ridge School .1 Page 1 of 1 I I I I. I i rA PRIOR PARCEL MAP 2 City of Carlsbad - Reassessment District No. 2012-1 Prepared by NBS - Amending Reassessment No. 90 SIll 0(60 CO011Y ASSESSORS MAP i 213-12 SHT 3OF3 lIT' 1= 400' 4. 01/12/2012 JOD SHT 2 , ,/ 0 V PARADISE—R --" RD )' ' I \ I PA 07 " .8 AC SHT 7 0 w 0(E DETAIL 'B 37.07 AC R OPEN SPACE \ SI-fl 3 Fl PCs DETAIL A" - 1"=40' 12 SHT 2 PAR 4 / SHT 2 LSEE DETAIL '0' 4 ft DETAIL "B - 1=40 SHT 1 e / SHT 1 1 OPEN SPACE O 08946'59"0 71.77 B 0570 49.74 C 48513'0 1 "W 34.65 O 0=600 5236 MAP 14600— CARLSBAD TCT CT 00-06 BRESSI RANCH —j a CURRENT PARCEL MAP 3 City of Carlsbad - Reassessment District No. 2012-1 Prepared by NBS - Amending Reassessment No. 90 low SHT 2 <' PARADISE I ac 1 37.07 AC ul OPEN 51-IT 3 12,49 AC 1 SHT AC SAN 19 clay AssEors UM' I 213-12 SHT3OF3 1T 1 400' A t2/2t/14 A 49S9T 71-77 U 9570 49.74 C N8513'IW 34.68 D 9-600 52.36 VEHICULAR RIGHT OF WAY - - - MAP 14600 - CARLSBAD TCT CT 00-06 BRESSI RANCH 0 I I NOTICE TO BONDHOLDER 4 I I I I I I I I I I I I I I I I City of Carlsbad - Reassessment District No. 2012-1 Prepared by NBS - Amending Reassessment No. 90 I I ONBS' 32605 Temecula Parkway, Suite 100 I Temecula. CA 92502 Toll free: 800.6767516 )P) 951296.1997 (F) 951296.1998 nbsgov.com Stifel, Nicolaus & Company, Incorporated I One Montgomery St, 35th Floor San Francisco, CA 94104 NOTICE TO BONDHOLDER DIVISION OF LAND AND ASSESSMENT September 15, 2015 NOTICE IS HEREBY GIVEN to you (previously Stone & Youngberg LLC) as the original purchaser of the bonds issued by the City ofCarlsbad to represent the unpaid reassessments relating to the construction and/or acquisition of certain public improvements in the reassessment district known and designated as "City of Carlsbad Reassessment District No. 2012-1." Said bonds were issued pursuant to the terms and provisions of the Improvement Bond Act of 1915, commencing with Division 10 of the Streets and Highways Code of the State of California. NOTICE IS HEREBY GIVEN that an apportionment has been made, as requested by a property owner within the reassessment district, relating to the reassessments and parcels as indicated by the attached Exhibit "A". 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 reassessments shall be recorded in the manner and form as required by law. If you have any questions, please contact the undersigned at (800) 676- 7516, or the following person at the City of Carlsbad: City of Carlsbad ATTN: Mr. Marshall Plantz Development Services 1635 Faraday Avenue Carlsbad, CA 92008 This procedure is required pursuant to the provisions of Part 10.5 of Division 10 of the Streets and Highways Code of the State of California and is being performed on behalf of the City of Carlsbad. Respectfully, Stephanie Parson Senior Consultant Attachment helping communities fund tomorrow I I EXHIBIT "All CITY OF CARLSBAD I CITY OF CARLSBAD REASSESSMENT DISTRICT NO. 2012-1 AMENDING REASSESSMENT NO. 90 Old Reassessment New Reassessment APN Number APN Number 213-122-17-00 9= 213-122-18-00 F 90-1 213-122-19-00 90-2 Owner of Record: Pacific Ridge School Page 1 of 1 AMENDED REASSESSMENT DIAGRAM 5 I I I I I I I I City of Carlsbad - Reassessment District No. 2012-1 Prepared by NBS -Amending Reassessment No. 90 I z NOTICE OF AMENDED REASSESSMENT 6 I I City of Carlsbad - Reassessment District No. 2012-1 Prepared by NBS - Amending Reassessment No. 90 Recording requested by: City of Carlsbad 6/0 NBS 32605 Temecula Parkway, Suite 100 Temecula, CA 92592 DOC# 2015-0560445 IlII IIII III IIlI liii IIIl 11111 11111 IHIl hID 11111 11111 lID III Oct 27. 2015 12:05 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr, SAN DIEGO COUNTY RECORDER FEES: $18.00 PAGES: 2 After recordation, return to: City of Carlsbad do NIBS 32605 Temecula Parkway, Suite 100 Temecula, CA 92592 NOTICE OF AMENDED REASSESSMENT CITY OF CARLSBAD CITY OF CARLSBAD REASSESSMENT DISTRICT NO. 2012-1 AMENDING REASSESSMENT NO. 90 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 Reassessment Diagram and Reassessment Roll were filed in the office of the Superintendent of Streets of the City of Carlsbad, as provided for in said Section 3114, and relating to the real property more particularly described on the Amended Reassessment Diagram filed in accordance with said Section 3114 on the 2.7 day of Oc..o},er" 20 j.... in Book Hs- Page(s) 7 , Document No. 7-015- WO '-%ZL of Book of Maps of Assessment and Community Facilities Districts in the office of the County Recorder of the County of San Diego. Said Amended Reassessment Diagram amends the City of Carlsbad Reassessment District No. 2012-1 Reassessment Diagram, City of Carlsbad, County San Diego, State of California filed on the 28th day of January, 2013 in the office of said County Recorder in Book 43, at Page(s) 97, Document No. 2013-0057606 of Book of Maps of Assessment and Community Facilities Districts. NOTICE IS FURTHER GIVEN that upon the recording of this Notice in the office of said County Recorder, the several Reassessments assessed on the lots, pieces and parcels as shown on said filed Amended Reassessment Diagram shall become a lien upon the lots or portions of lots assessed, respectively. Reference is made to the Amended Reassessment Diagram and Reassessment Roll filed in the office of the Superintendent of Streets of the City of Carlsbad for the amount of each of the Amended Reassessments. I Exhibit 'A' hereto attached, and by this reference incorporated herein, shows the parcels subject to the Amended Reassessments. I DATED: October 14 ,2015. CITY CLERK CITY OF CARLSBAD STATE OF CALIFORNI EXHIBIT "A" CITY OF CARLSBAD CITY OF CARLSBAD REASSESSMENT DISTRICT NO. 2012-1 AMENDING REASSESSMENT NO. 90 Old Reassessment Number F New Reassessment APN APN Number 213-122-17-00 90 213-122-18-00 90-1 213-122-19-00 90-2 Owner of Record: Pacific Ridge School Page 1 of 1 VA METHOD OF ASSESSMENT 7 City of Carlsbad - Reassessment District No. 2012-1 Prepared by NBS - Amending Reassessment No. 1050 City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 5 Part ID Assessment Roll and Method of Assessment Spread I I . I. I In I I I. I I I I I' 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 191 3 , (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 2 1 8 Omnibus Implementation Act (Section 53750 and following of the Gover n m e n t Code) (collectively, the "Assessment Laws), and in accordance with City o f Carlsbad Policy 33, adopt its Resolution of Intention No. 2004-057, for a c q u i s i t i o n or construction of certain public improvements, together with appurte n a n c e s a n d appurtenant work in connection therewith, in a special assessment d i s t r i c t k n o w n and designated as: ASSESSMENT DISTRICT NO. 2002-01 (POINSETTIA LANE EAST) (hereinafter referred to as the "Assessment District"); and WHEREAS, said Resolution of Intention, as required by the Assessm e n t L a w , did direct the Assessment Engineer to make and file a "Report", consis t i n g o f t h e following as required by Section 10204 of the Act: Plans and specifications for the improvements proposed to be acquired o r constructed in sufficient detail to show or describe the general nature, loca t i o n and extent of the improvements; A general description of the improvements proposed to be acquired a n d a n y property necessary or convenient for the operation of such improvem e n t s ; An estimate of the cost of the improvements and the costs of lands , r i g h t - o f - way, easements, and incidental expense in connection with the improve m e n t s ; Assessment Diagram showing the Assessment District exterior bounda r i e s , the boundaries of any benefit areas within the district and the lines a n d dimensions of each parcel within the district and the benefit areas therein existing at the time of the adoption of the resolution of I n t e n t i o n ; A proposed assessment of the costs and expenses of the improvements levied upon the parcels within the boundaries of the Assessme n t District in proportion to the estimated special benefits to be receiv e d b y each subdivision of property from the improvements; Prepared by Galen N. Peterson March 29, 2004 City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 6 f. The proposed maximum annual assessment to be levied up o n e a c h subdivision or parcel of land within the Assessment District s p e c i a l l y benefiting from the improvements and for which the assess m e n t i s unpaid to pay the costs incurred by the City and not otherwise reimbursed resulting from the administration and collection o f assessments or from the administration and registration of any a s s o c i a t e d bonds and reserve or other related funds. For, particulars, reference is made to the Resolution of Intention a s p r e v i o u s l y adopted a copy of which is included in Appendix 'A" of this Re p o r t . NOW, THEREFORE, I, GALEN N. PETERSON, pursuant t o t h e A s s e s s m e n t Law, do hereby submit the following: Pursuant to the provisions of Assessment Law and the R e s o l u t i o n o f Intention, I have assessed the costs and expenses of the acq u i s i t i o n o r construction of the improvements upon the parcels of land in the Assessment District specially benefited thereby in direct pro p o r t i o n a n d relation to the estimated special benefits to be received by e a c h o f . said parcels from the improvements. For particulars as to th e identification of said parcels, reference is made to the Asses s m e n t Diagram, a copy of which is attached hereto. ) As required by Assessment Law, a Diagram is attached, showing t h e Assessment District and the benefit areas therein, as well as th e boundaries and dimensions of the respective parcels and subdivisions of land within said District and the benefit areas ther e i n a s the same existed at the time of the passage of said Resol u t i o n o f Intention, each of which subdivisions of land or parcels or l o t s respectively have been given a separate number upon said Diagra m a n d i n said Assessment Roll. The subdivisions and parcels of land, the numbers therein as s h o w n o n t h e I . respective Assessment Diagram as attached hereto, correspond w i t h t h e numbers as appearing on the Assessment Roll as containe d h e r e i n . . 4. NOTICE IS HEREBY GIVEN that bonds will be issued in accor d a n c e w i t h . I Division 10 of the Streets and Highways Code of the State of California (the "Improvement Bond Act of 1915"), to represent all unpaid which bonds shall be issued not to exceed the legal I assessments, maximum term as authorized by law, i.e., THIRTY-NINE (39) Y E A R S from the 2nd day of September of the next succeeding twelve ( 1 2 ) m o n t h s I . from the date of the bonds. Said bonds shall bear interest at a rate n o t t o the legal maximum rate of 12% annum. exceed current per I 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 Assessme n t L a w a n d b y f u r t h e r direction and order of the legislative body, I hereby recom m e n d t h e following Assessment to cover the costs and expens e s o f t h e acquisition or construction of the improvements for the A s s e s s m e n t District based on the costs and expenses as set forth b e l o w : As Preliminarily As Finally Approved Approved and Confirmed Construction and Incidental Costs less General Benefit (1) Formation and Issuance Expenses Less Special Benefit Contributions $ 34,995,291.23 $ 34,995,291.23 1,288,417.00 1,288,417.00 (1,930,891.12) (1,9300891.12) I Less Interest Earned Capitalized Interest and Financing Costs 7.413.525.88 7.413.525.86 Total Assessment (2) $ 41766,342.97 $ 41,766,342.97 Subtotal Benefit Area No. 1 (2) $ 29,417,441.97 $ 29,417,441 . 9 7 Subtotal Benefit Area No. 2 (2) $ 12.348.901.00 Total Assessment (2) $ 41,766,342.97 $ 41,766,342.97 ) For particulars as to the individual assessments and th e i r d e s c r i p t i o n s , reference is made to Exhibits 2 and A attached hereto. I 1 I I . I I I IH I The general benefit not assessed is associated with a por t i o n o f Poinsettia Lane and El Fuerte as discussed in Exhibit A. A n amount equal to such general benefit will be contributed b y t h e developers as a deduction from the purchase price for im p r o v e m e n t s 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 s c h o o l and park), non-profit organizations (such as open space pa r c e l s ) and home owner association parcels to be created by th e f u t u r e subdMsion of the existing parcels within the Assessment Di s t r i c t . Assessments apportioned to such parcels upon the creatio n t h e r e o f will be contributed by the developers either as a deductio n f r o m t h e purchase price for improvements to be acquired and not reim b u r s e d from bond proceeds or, if the purchase price for all improve m e n t s has been paid at the time of creation of any such parcel, b y a c a s h contribution equal to the amount necessary to pay off an y s u c h assessment Prepared by Galen N. Peterson March29, 2004 City of Carlsbad - Assessment District No. 2002-01 (P o i n s e t t i a L a n e E a s t ) Page 8 Summary of Developer Contributions t o O f f - S e t General Benefit and Special Benefit A s s e s s m e n t s Bressi La Costa Ranch Greens (Benefit (Benefit Area No. I Area No. 2) Total General Benefit Poinsettia Lane - Segment 1, Street $ 219,539.28 $ 193,460.72 $ 413,000.00 Improvements Poinsettia Lane - Segment 2, Street $ 92,493.55 $ 81,506.45 $ 174,000.00 Improvements El Fuerte - Street Improvements 381,360.00Total General. Benefit $ 693,392.82 $ 274,967.18 $ 968,360.00 SDeclal Benefit- Parcels Owned by Public Agencies, Non-Profit Organizations and Home Owners Association (1) City Park $ - $ ,460,797.79 $ 460,797.79 Open Space $ 48,567.87 $ 26,635.11 $ 75,202.98 Home Owners Association (HOA) 20j016 141 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 o w n e d b y P u b l i c A g e n c i e s , N o n - P r o f i t Organizations or Home Owners Associati o n s a r e i d e n t i f i e d i n A p p e n d i x F a n d the special benefits of these parcels Will be apportioned at the time of subsequent subdivision of existing parcels . T h e a s s e s s m e n t s f o r t h e s e f u t u r e parcels will be contributed by the devel o p e r s e i t h e r a s a d e d u c t i o n f r o m t h e purchase price for improvements to be a c q u i r e d a n d n o t r e i m b u r s e d f r o m bond proceeds or, if the purchase price fo r a l l i m p r o v e m e n t s h a s b e e n p a i d a t the time of creation of any such parcel , b y a c a s h c o n t r i b u t i o n e q u a l t o t h e amount necessary to pay off any such assessment 6. The Method and Formula of Spre a d o f A s s e s s m e n t i s a s s e t f o r t h i n Exhibit "A", which is attached hereto, r e f e r e n c e d a n d s o i n c o r p o r a t e d I Prepared by Galen N. Peterson March 29, 2004 I City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 9 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 .8 1,487,685.30 $ 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 5 Planned industrial $ 1,741,701.50 $ 1,741,101.50 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 9 Single; Family Development &HOA $ 1,802,430.14 $ 1,802,430.14 10 Single Family Development & HOA $ 2,155,048.02 $ 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 13 Church, Day Care & School $ 1,250,040.18 $ 1,250,040.16 14 Planned Industrial $ 74,891.03 $ 74,691.03 15 Riit om. AAdWswAy, Ms.d Uv*B. Bays aGkft Ck.e VW Opun Sp $ 5,748,853.07 $ 5,748,853.07 16 Open Space (OS) $ - $ 17 OS (Assm'nt Contributed by Developer) $ - $ - 18 Open Space (OS) $ $ 19 Open Space (OS) $ $ - 20 Open Space (OS) $ $ - 21 Open Space (OS) S. - $ - 22 , $ 1,127,848.77 $ 1,127,846.77 23 Open Space (OS) $ $ - 24 Park (Assm'nt Contributed by Developer) $ - $ - 25 Single Family Development & School $ 3,053,281.02 $ 3,053,281.02 • 26 Single Family Development S $ 2,357,989.35 $ 2,357,989.35 27 Open Space (OS) $ $ - 28 HOA (Assm'nt Contributed by Developer) $ - $ 29 Single Family Development $ 2,748,881.05 $ 2,748,88t .05 30 . Open Space (OS) $ $ - 31 'Single Family Development $ 512,367.88 $ 512,387.86 32 HOA (Aasm'nt Contributed by Developer) $ - $ - 33 MultifamIly Aftbrdable) (Aum'nt Contributed by Developer) $ • $ 34 Townhome/Slrgle Family 0ev $ 2,550,554.95 $ 2,550,554.95 35 Open Space (OS) $ - $ - 38 Open Space (OS) . $ $ - • . 37 HOA (Asgrn'nt Contributed by Developer) $ $ - 38 Open Space (OS) 39 OS (Assm'nt Contributed by Developer) $ $ - Total . $ 41766,342.97 $ 41,768,342.97 I'.. Prepared by Galen N. Peterson March 29, 2004 City of Carlsbad - Assessment District No. 200201 (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 requiresthat assessments be based on the sp 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, only s p e c i a l benefits are assessable and the local agency levying the assessme n t m u s t separate the general benefits from the special benefits. All publicly o w n e d property must be assessed if it specially benefits from the im p r o v e m e n t s . The Assessment Law does not specify the method or formula th a t s h o u l d b e used to apportion the costs to properties in any special assessment d i s t r i c t proceedings. The responsibility for recommending an apportionmen t o f t h e c o s t s t o properties, which specially benefit from the improvements rests wit h t h e Assessment Engineer, who is appointed for the purpose of makin g a n a n a l y s i s o f the factS and determining the correct apportionment of the assessment o b l i g a t i o n . In order to apportion the assessments to each parcel in direct proportio n w i t h t h e . special benefit which it will receive from the improvements, an in-dept 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 t h e apportionment of costs as outlined herein. The final authority and action r e s t s w i t h the City Council after hearing all testimony and evidence presented at a p u b l i c hearing, and the tabulation of the assessment ballots previously mail e d t o a l l r e c o r d owners of property within the Assessment District. Upon the conclusi o n o f t h e p u b l i c hearing, the City Council must make the final determination whether or 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. Assess m e n t b a l l o t ' 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 assess m e n t a m o u n t are not opposed to the levy of the assessments, then the City Counci 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 and ge n e r a l benefits, and set forth the methodology used to apportion the costs o f t h e improvements providing special benefits to each parcel, and co n f i r 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 utiliti e s a n d 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 sprea d o n v e h i c l e a v e r a g e daily trip (ADD generation. Potable water, sewer and dry utility c o s t s a r e s p r e a d on an equivalent dwelling unit (EDU) basis. Recycled water co s t s a r e spread to the roadway and specific parcels based on the amount of rec y c l e d w a t e r u s e d f o r the irrigation of each roadway and specific parcel. The incid e n t a l e x p e n s e s h a v e been based, on either the actual cost to each component of the i m p r o v e m e n t s o r i f the incidental costs apply to all such components then to the p r o r a t e d c o n s t r u c t i o n cost of each such component. Because some of the assessor parcel boundaries do not coin c i d e w i t h t h e V i l l a g e Planning Areas or Neighborhoods, some initial assessments will b e p l a c e d i n aggregate on multiple assessor parcels until final maps are r e c o r d e d a n d t h e n e w assessor parcels coincide with the Village Planning Areas or Nei g h b o r h o o d s a s applicable. The procedure of identifying and apportioning special benefi t t o t h e l a n d u s e s a n d parcels has been organized as follows: A. Identification of Benefit Components I A-I Backbone Roadway Improvement Components I A-2 Backbone Potable Water and Sewer Improvement Com p o n e n t s A-3 Backbone Recycled Water Improvement Components I A-4 Backbone Dry Utilities Improvement Components I A-5 Incidental Expenses Components B. Special Benefits C. General Benefits I D. Proportioning Special Benefits D-I Land Use Categories I D-2 Benefit Roadway Improvements Proportionate Special of I D.3 Proportionate Special Benefit of Utility Improvements D-4 Proportioning Formation, Issuance and Financing Costs I . I' Prepared by Galen ft Peterson March 29, 2004 City of Carlsbad - Assessment District No. 2002.01 (Poinsettia Lane East) Page 12 E. Proclamations E4 Assessments Equal to or Less Than the Proport i o n a l S p e c i a l B e n e f i t s E-2 Reasonableness and Justification of Assessme n t s E-3 Future Apportionment A. IDENTIFICATION OF BENEFIT COMPONENTS The improvements to be acquired or constructed by the C i t y f r o m t h e p r o c e e d s o f bonds issued for each benefit area of the Assessment D i s t r i c t a r e n e c e s s a r y f o r development of the Assessment District parcels and ar e r e q u i r e d b y t h e V i l l a g e s o f La Costa (The Greens) and by the Bressi Ranch Ma s t e r P l a n s a n d t h e conditions of development as set forth in the land u s e e n t i t l e m e n t s a p p r o v e d by the City for each benefit area. Without the impro v e m e n t s , t h e p a r c e l s w i t h i n the Assessment District cannot be developed to their planned ultimate uses pursuant to such land use entitlements. Itis unfeasible and impractical for the parcels to be utilized t o t h e i r h i g h e s t a n d b e s t use without the backbone roadways and utilities that w i l l b e f u n d e d b y t h e Assessment District- A-1 Backbone Roadway Improvement Component s The foremost purpose of the Assessment District is to p r o v i d e f i n a n c i n g f o r t h e backbone road access so the Assessment District p a r c e l s c a n b e developed. The most significant and costly improvem e n t i s t h e w o r k associated with the road construction. The road constr u c t i o n h a s c r e a t e d t h e need to relocate sewer mains and utilities, re-establi s h h a b i t a t a r e a s , a n d Install landscaping to protect the roadway slopes. The r o a d c o n s t r u c t i o n h a s also created the need to construct storm drains to prot e c t t h e r o a d w a y a n d t o relocate other facilities and provide mitigation areas t h a t w o u l d n o t h a v e otherwise been necessary if the road was not constru c t e d . T h e r o a d a n d associated costs have been placed into one roadway i m p r o v e m e n t c o m p o n e n t for the purpose of defining the roadway costs and ap p o r t i o n i n g s p e c i a l b e n e f i t . A percentage of the cost of the backbone recycled wa t e r d i s t r i b u t i o n s y s t e m . has been spread in the same manner as the roadway ex p e n s e s . T h i s p o r t i o n of the. recycled water system improvements will provide a n i r r i g a t i o n w a t e r system for the roadway landscaping. The roadway improvement component includes: Poi n s e t t i a L a n e , E l F u è r t e , E l Camino Real, relocation of utilities, establishment of h a b i t a t m i t i g a t i o n areas, and a portion of the recycled water system to s e r v e t h e r o a d w a y landscaping. I Prepared by Galen N. Peterson . March 29, 2004 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 I backbone utility improvements within the roadway right of way concurrent l y with construction of the roadway improvements. These improvements c o n f e r a I different special benefit to the properties than the special benefit conferred b y the roadway improvements. Therefore potable water and sewer (other t h a n relocated facilities for the roadway costs) have been separated into w e t u t i l i t y components for purposes of defining special benefits and allocating the co s t s I of such components. A-3 Backbone Recycled Water improvement Components I Coincidental to the roadway improvements is the necessity to construc t c e r t a i n backbone recycled water improvements within the roadway right of way I concurrently with construction of the roadway improvements. A percentag e o f these improvements confer a different special benefit to the properties t h a n the special benefit conferred by the roadway improvements based o n w h e r e I the recycled water will be used. The recycled water facilities have been separated into a separate component for purposes of defining special bene f i t s and allocating the costs of such components. 1 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 improvement s c o n f e r a - different special benefit to the properties than the special benefit conf e r r e d b y I the roadway improvements. Therefore the dry utilities have been separat e d into a separate component for purposes of defining special benefits an d 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 c o s t s include, but are not limited to: construction administration, construction supervision, design, testing, surveying, assessment engineering, audit of I acquisition costs, financial advisors, appraisals, bond counsel, under w r i t i n g , official statement printing, financing cost and establishment of a bond res e r v e .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 ar e included in the Assessment District incidental costs. Some of these costs c a n I . be assigned directly to one of the benefit components as shown in App e n d i x "E". Other costs that cannot be assigned directly to one of the benefit 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 num b e r i n a c c o r d a n c e with that assessment number's share of the construction c o s t . SPECIAL BENEFITS The purpose of this Assessment District is to fund the c o n s t r u c t i o n a n d acquisition of public improvements required to serve the A s s e s s m e n t D i s t r i c t parcels. Special benefit is received by each parcel within the b o u n d a r i e s o f t h e Assessment District from new roadway access and the av a i l a b i l i t y o f u t i l i t y services that are required and necessary for the propertie s t o d e v e l o p t o t h e i r h i g h e s t and best use in accordance with and as permitted by the appro v e d l a n d u s e entitlements. The improvements to be constructed and/or acquired by t h e D i s t r i c t accommodate the planned development within the Asses s m e n t D i s t r i c t a r e a i n accordance with the approved land use entitlements. Th e V i l l a g e s o f L a C o s t a ( T h e Greens) and the Bressi Ranch Specific Plan environment a l d o c u m e n t s a n d t h e Tentative Map identify the need for access and utilities, a n d p l a c e c o n d i t i o n s upon the parcels within the Assessment District to pro v i d e t h o s e i m p r o v e m e n t s . The Assessment District Improvements satisfy the conditio n s o f d e v e l o p m e n t b y providing access and backbone utilities so the projects ca n s u p p o r t t h e i r p l a n n e d uses. Without the improvements, the parcels within the A s s e s s m e n t D i s t r i c t c o u l d not be developed to their planned and conditionally ap p r o v e d u s e s . The special benefit conferred on the parcels within the Ass e s s m e n t D i s t r i c t f r o m the proposed improvements include: increased developm e n t p o t e n t i a l , r e l i e f f r o m access constraints, improved accessibility to utilities, fulfi l l m e n t o f d e v e l o p m e n t conditions and ensured investment returns. The special be n e f i t t o e a c h p a r c e l i s such that the parcels will be allowed to gain access to a p u b l i c s t r e e t n e t w o r k a n d have water, sewer, recycled water and dry utilities readily a v a i l a b l e , t h e r e b y a l l o w i n g them to develop to their highest potential Special benefit accrues to each parcel to be subdivide d a n d s e r v e d b y t h e improvements to be constructed. Since some of the ar e a s w i t h i n t h e A s s e s s m e n t District have not been subdivided into individual lots at this time, the assessments will be placed in aggregate on one or m o r e e x i s t i n g a s s e s s o r parcels and apportionment of the assessments will take p l a c e a s f i n a l m a p s r e c o r d . GENERAL BENEFITS Some public improvements will confer general benefit to pr o p e r t i e s o r t h e p u b l i c a t large outside the Assessment District. In making an analy s i s , a r e v i e w w a s conducted of the surrounding areas. The review resulted in id e n t i f y i n g g e n e r a l benefits that accrued to properties outside the Assessmen t D i s t r i c t . I I 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 15 Poinsettia Lane is designated as a prime arterial roadway. Previousl y , P o i n s e t t i a Lane did not exist east of El Camino Real. Four lanes are propos e d t o b e constructed. Two lanes arerequired to serve the estimated volu m e o f t r a f f i c generated by the Assessment District parcels. Two center lane s ( o n e i n e a c h direction) are required for through traffic originating outside of the As s e s s m e n t District. The costs associated with the construction and placement o f t h e a s p h a l t and base for the two center lanes have been determined to be a g e n e r a l benefit and will not be assessed to parcels within the Assessment D i s t r i c t . El Fuerte Street is designated as a secondary arterial roadway and w i l l b e constructed from Palomar Airport Road south to connect to the e x i s t i n g t e r m i n u s of El Fuerte Street at the southerly boundary of Bressi Ranch. Four l a n e s a r e proposed to be constructed. Two lanes are required to serve th e e s t i m a t e d volume of traffic generated by the Assessment District parcels. T w o c e n t e r lanes (one in each direction) are required for through traffic origina t i n g o u t s i d e o f the Assessment District. The costs associated with the construction a n d placement of the asphalt and base for the two center lanes have b e e n determined to be a general benefit and will not be assessed to pa r c e l s w i t h i n t h e Assessment District. Based on the estimated roadway construction costs, the cost o f t h e r o a d w 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 gra d i n g b e n e a t h the two center lanes of each roadway benefits the Assess m e n t D i s t r i c t because it provides lateral support to the Assessment District pave d l a n e s . T h i s grading can not be eliminated from the overall roadway grading wit h o u t constructing retaining walls that would unreasonably increase th e A s s e s s m e n t District cost. Therefore all of the Poinsettia Lane and El Fuerte Stree t g r a d i n g provides special benefit to the Assessment District Properties. D. PROPORTIONING SPECLAL BENEFffS D-1 Land Use Categories The following land use categories are included in the Assessme n t D i s t r i c t : planned industrial, business park, community retail, office, single-fami l y detached and single-family attached residential, apartments (affo r d a b l e housing), assisted living, daycare center, boys and girls club, church, s c h o o l , home owners association recreation areas, park and open space. Except for the irrigated areas in Assessment Numbers 17 and 39 (Village Green 05-2 and open space lot 34), the non-active an d undeveloped open space areas do not receive special benef i t f r o m t h e works of improvements and will not be assessed. Open space are a s a r e those areas that are deeded or perpetually designated in ease m e n t s . Prepared by Galen N. Peterson March 29, 2004 I City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 16 0.2 Proportionate Special Benefit of Roadway impr o v e m e n t s Trip Generation Factors for Roadway Improvements The use of and need for roadway improvements is a fu n c t i o n o f t h e number of vehicle trips per day generated by the use of t h e l a n d ' served by the streets. Traffic engineers have develop e d t r a f f i c generation factors, which are related to development d e n s i t y a n d t y p e of land use. Therefore, trip generation is an appropriate ba s i s f o r apportioning roadway improvements and related costs am o n g t h e I specially benefited parcels. The trip generation factors wil l b e e s t i m a t e d from the July 1998, SANDAG Trip Generation Manual and w e i g h t e d a s below. I explained SANDAG categorizes trips as primary, diverted and pass b y . T h i s analysis uses only the primary trip percentages for the n o n - r e s i d e n t i a l I land use categories to avoid double counting of the residenti a l t r i p s . Single Family Detached Trio Generation I . The Average Daily Trips (ADT) per detached single-fa m i l y d w e l l i n g i s 1 0 ADT. The Assessment District single-family dwelling prod u c t t y p e s a r e • similar to the SANDAG study areas. I Single Family Attached Trip Generation The Average Daily Trips per attached dwelling unit or for a c o n d o m i n i u m I unit is8ADT. Affordable Housing (Bressi Ranch) Trio Generation The Average Daily Trips for each affordable housing uni t , b a s e d o n t h e I formula in footnote R of the 1998 SANDAG Trip Gener a t i o n M a n u a l , i s 6.4ADT (-2.169 Ln(100 units/5.13 ac) + 12.85). I Apartment Affordable Housing (Greens) Trii, Generation The Average Daily Trips for each affordable housing unit, b a s e d o n t h e I .1998 SANDAG Trip Generation Manual for apartments, is 6 A D T . Assisted Living Trio Generation The Average Daily Trips for each assisted living room, b a s e d o n 1 9 9 8 I • SANDAG Trip Generation Manual for congregate care facilit y , i s 2 A D T . Industrial Trio Generation I • The Average Daily Trips for industrial park is 80 ADT per n e t a c r e . T h e 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 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 I 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 acr e . The primary trip percentage for an elementary school site is 57%. I Church Trio 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 Trio 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 Trio 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 par k , 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 I . Planning Area 15 within Benefit Area No. 1 was assigned 2.5 ADT. Pak Trip Generation I 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 I' .. Prepared by Galen N. Peterson . March 29, 2004 City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 1 8 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 La n e 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 I 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 (Bresel Ranch portion) - El Camino Real (Bressi Ranch portion) roadway costs specially benefit only assessment numbers 1 thro u g h 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. Prepared by Galen N. Peterson . March 29, 2004 I I I I I L] Li I I 17 I City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 19 Therefore, El Camino Real (Greens portion) roadway costs were allo c a t e d only to assessment numbers 22 through 39 based on the AOl generati o n 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 benef i t variable is average daily demand. The detached single family home w i l l 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 t h e City of Carlsbad Water Master Plan. A summary of the water a n d sewer usage is shown below: I I Land Use . Potable Water and Sewer Usaao Single Family Detached 550 gallons / 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 d w e l l i n g I unit (EDU) weight of 1.0 EDU. By converting the gallons per day to EDU we arrive at the following table: I I I 1 I. I . I 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 f o r parkas 2.5 acre-foot per acre per year. This translates to 2,230 gallo n s per acre per day (2.5 x 43,560 x 7.48/365). Potable water demand f o r 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 City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 20 Homeowner association (HOA) lots water usage wa s e s t i m a t e d b a s e d o n the characteristics of the parcels and their expected l a n d u s e . T h e H O A lots 47, 48 and 49 within Benefit Area No. 2 were a s s i g n e d 2 . 4 1 , 2 . 0 8 and 1.43 EDU per site, respectively. The three HOA a r e a s i n P l a n n i n g Areas 9, 10 and 12 and the Village Green area (08-2 ) w i t h i n B e n e f i t Area No. I were assigned 3.8 EDU. The Village Squ a r e a r e a i n Planning Area 15 within Benefit Area No. I was assi g n e d 1 . 0 E D U . The Assessment Diagram identifies two benefit zones for s e w e r improvements. Sewer Zone A includes all of the Asses s m e n t D i s t r i c t p a r c e l s 1 that benefit fràm the sewer improvements. Sewer Zone B i n c l u d e s t h e remaining Assessment District parcels that do not ben e f i t f r o m t h e s e w e r I improvements. The water and sewer costs for new facilities (sewer rel o c a t i o n r e l a t e d t o the construction of the road was allocated with the st r e e t c o s t s ) r e l a t e d I to each street segment were allocated only to the as s e s s m e n t n u m b e r s that specially benefit from such water and sewer c o s t s a s s e t f o r t h below: I Poinsettia Lane Segment I - Poinsettia Lane Segment I water costs specialty benefit only assessment numbers 22 through 3 9 . T h e r e f o r e , I . Poinsettia Lane Segment I water costs were allocated on l y t o a s s e s s m e n t numbers 22 through 39 based on the applicable EDU fa c t o r s . I Poinsettia Lane Segment 2— Poinsettia Lane Segmen t 2 w a t e r c o s t s specially benefit only assessment numbers I through 2 1 . T h e r e f o r e , Poinsettia Lane Segment 2 water costs were allocated onl y t o a s s e s s m e n t I numbers I through 21 based on the applicable EDU fact o r s . El Fuerte - El Fuerte water costs specialty benefit only assessment n u m b e r s I through 21. Therefore, El Fuerte water costs were allocated only to I assessment numbers I 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 assessmen t n u m b e r s I t h r o u g h 1. Therefore, El Camino Real (Bréssi Ranch portion) wat e r c o s t s w e r e allocated only to assessment numbers 1 through 21 base d o n t h e a p p l i c a b l e I EDU factors. El Camino Real (Greens portion) - El Camino Real (Greens portion) water 1 costs specially benefit only assessment numbers 22 thro u g h 3 9 . T h e r e f o r e , El Camino Real (Greens portion) water costs were alloc a t e d o n l y t o assessment numbers 22 through 39 based on the applica b l e E D U f a c t o r s . 1 Prepared by Galen N. Peterson . March 29, 2004 City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lan e E a s t ) Page 21 Sewer costs benefit only assessment numbers i n S e w e r Z o n e A , a s s h o w n I - on the Assessment Diagram. Therefore, sewer c o s t s f o r e a c h t o a d s e g m e n t were allocated to the respective assessment num b e r s t h a t t h e w a t e r w a s allocated to, but only to parcels within Sewer Zo n e A b a s e d o n t h e a p p l i c a b l e I EDU factors. There was no assessment for s e w e r c o s t s t o t h e a s s e s s m e n t numbers in Sewer Zone B, as shown on the Asse s s m e n t D i a g r a m . I Summary of Special Benefit Factors Land Use Category Road way_Improvements Utilities ADT Primary Trip %Applie& Adjusted .ADT EDUs Single Family 10/OU Detached 10/ DU 1.0 / DU Single Family. 8/ DU Attached - 8/ DU 0.5 / DU Affordable Housing 6.4 / DU (Bressi Ranch) - 6.4 / DU 0.5/ DU Apartment (Affordable 6/ DU Housing) - 6/ DU 0.5 1 D Assisted Living 2/ Room - 2/ Room 4.2/ 10ksf Industrial 80/ AC 79% 63/ AC 4.2 / lOksf Community Retail 40/1,000 SF 45% 18/1,000 SF 4.2/10ksf Office .7/1,000 SF 82% 6 /1,000 SF 4.211 Oksf School 60/ AC 57% 34/ AC 4.211 Oksf Church 30/AC 64% 19/AC 4.211 Oksf Day Care 80/1,000 28% SF 97.4 / AC 4.2l10ksf Boys & Girls Club 90/ AC 52% 47/ AC 4.2/ 1 Oksf Homeowners Association Rec Areas 5/AC . 25% 1.25 /AC and per site 4.211 Oksf and per site Community (Regional) 201 AC Park 66% 13/ AC 0.4 / AC 1. Primary. Trips are defined by SANOAG as gone trip d i r e c t l y b e t w e e n o r i g i n a n d p r i m a r y 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 provi d e irrigation water to (i) medians, parkways, and adjacent roadway slope s ( i n and adjacent to the public streets and public easements) (ii) landsc a p e d slopes and pocket parks within the home owners association open s p a c e areas (iii) landscaped areas of the public park (iv) landscaped areas of the school (v) landscaped areas of the private school and (vi) landscaped a r e a s of the industrial section. The recycled water system specially benefits only the six categories state d above. Therefore, the recycled water system costs were allocated only t o the irrigated area of these six categories. The percentage of area in eac h category, determined from the total area in all six categories, was multi p l i e d times the cost of the recycled water system to arrive at the cost to be appli e d 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 resu l t i n g 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 fo r t h e last four categories was spread to the assessment numbers that corresp o n d to those areas. Dry Utilities The demand for dry utilities is considered to be similar to the factor s used for water and sewer as shown above. The dry utilities costs (limite d 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 base d o n EDU factors using the same methodology and, except as noted bel o w , t h e same factors as were used in allocating .water costs. Due to the unique characteristics of the home owner association lots, th e following dry utilities EDIt factors were used for these lots: The HOA l o t s 47, 48 and 49 within Benefit Area No. 2 were assigned 1.5, 0.3 an d 0 . 3 EDIt 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 EDIt. The Village Square area in Planning Area 1 5 within Benefit Area No. I was assigned 1.0 EDIt. D-4 Proportioning Formation, Issuance and Financing Costs The costs to form this Assessment District, including the costs of issuan c e , -k have been determined to be eligible for inclusion in the Assessment Distric t I Prepared by Galen N. Peterson March 29, 2004 .1 I I I 1 I City of Carlsbad,- Assessment District No 2002.01 (Poinsettia Lane East) Page 23 funding. Some of the incidental costs can be assigned di r e c t l y t o o n e o f t h e benefit components as shown in Appendix "E". These cost s t h a t c a n n o t b e assigned directly to any one of the benefit components and th e r e f o r e h a v e been sepérated into a separate component for purposes o f d e f i n i n g s p e c i a l benefits and allocating costs on a pro-rata basis rela t i v e t o t h e improvement costs associated with each parcel as shown i n T a b l e I of Appendix F. The financing costs (bond discount an d b o n d r e s e r v e ) , including capitalized interest, have also been asse s s e d o n a p r o - r a t a basis relative to the improvement costs associated wi t h e a c h p a r c e l . 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 i m p r o v e m e n t s exceeds the assessment allocated to each parcel. The im p r o v e m e n t s p r o v i d e d will increase the value of each parcel by more than the a s s e s s m e n t l e v i e d upon it. To ensure that the assessments will be equal to or l e s s t h a n t h e proportional special benefit conferred, a review was mad e o f s i m i l a r properties in the vicinity. Comparison of recent sales r e c o r d s i n d i c a t e d t h a t the average price per square foot of raw land increase d i n a n a m o u n t g r e a t e r than the costs of the assessments per square foot after b a c k b o n e roadway and utility improvements were in place. E2 Reasonableness and Justification of Assessme n t s It is well known and understood by the development co m m u n i t y t h a t p u b l i c infrastructure is required for raw land to develop to its h i g h e s t a n d b e s t u s e . After the passage of Proposition 13 and Assembly Bill 16 0 0 , d e v e l o p e r s a n d investors realize that they must provide the public i n f r a s t r u c t u r e t o support their developments without burdening existi n g p r o p e r t i e s . T h e Assessment District improvements are estimated to ad d 7 % o r m o r e v a l u e to each parcel's overall value. A review of other develo p m e n t s h a s s h o w n that this percentage is consistent with the costs of prov i d i n g b a c k b o n e access and utilities to raw land in similar developments. Th e r e f o r e t h i s Assessment levy is reasonable in relationship to the added v a l u e t h e improvements provide to the parcels. E-3 Future Apportionment of Special Benefit Special benefit will accrue to each parcel created by the su b d i v i s i o n o f t h e property within the Assessment District. Since certain exist i n g p a r c e l s w i t h i n the Assessment District will not, at the time of formation of t h e A s s e s s m e n t District, have been subdivided into final lots, the initial a s s e s s m e n t s established at the time of formation of the Assessment Di s t r i c t w i l l b e p l a c e d I Prepared by Galen N. Peterson • March 29, 2004 I Vi LI I I I I 1 1 City of Carlsbad - Assessment District No. 2002-01 (Poinsettia Lane East) Page 24 I in the aggregate on the assessors parcels existing at the ti m e o f f o r m a t i o n o f the Assessment District. An assessment levied on a parc e l e x i s t i n g a t t h e time of formation of the Assessment District will be apportion e d a m o n g t h o s e I . . parcels created by the subsequent subdivision of such exi s t i n g p a r c e l . Assessments apportioned to any parcel created by the subdiv i s i o n o f a n I existing parcel which is to be owned by a public agency (ea c h , a " P u b l i c Parcel") or a non-profit 501(c)(3) organization (each, a "5 0 1 ( c ) ( 3 ) P a r c e l " ) o r a home owners association (each, an "HOA Parcel") must b e p a i d o f f i n f u l l prior to the recordation of the final subdivision map creati n g s u c h P u b l i c I Parcel or 501 (c)(3) Parcel or HOA Parcel or contributed by t h e D e v e l o p e r a s a reduced purchase price for improvements to be acquired p u r s u a n t t o t h e Acquisition/Financing Agreement. The City shall not provi d e t o t h e o w n e r o r I subdivider of such existing parcel a certificate as iequired b y G o v e r n m e n t Code Section 66493(f) for any subdivision certifying that the C i t y C o u n c i l h a s determined that provision has been made for the segregatio n o f t h e I responsibility of each of the proposed new parcels for a po r t i o n o f t h e assessment unless payment in full of the assessments ap p o r t i o n e d t o a l l Public Parcels, 501(c)(3) Parcels and HOA Parcels creat e d b y s u c h I subdivision has been received by the City or otherwise contri b u t e d a s described above. It is the City of Carlsbad's policy that final lots that recei v e s i m i l a r s p e c i a l benefit also have similar final assessments. If the future s u b d i v i s i o n o f a n y planning area does not yield the estimated number of dw e l l i n g u n i t s , t h e C i t / reserves the right to require upon application of assessment r e a p p o r t i o n m e n t , that a portion of the outstanding assessment be paid b y t h e p r o p e r t y owners to ensure that the assessments remain consistent w i t h i n a n d between the planning areas as further provided in the Acquis i t i o n / F i n a n c i n g Agreement All reapportionments will be subject to City o f C a r l s b a d policies and procedures. FINDINGS AND DETERMINATIONS OF ASSESSMENT ENG I N E E R The undersigned, Galen\N. Peterson, hereby finds and determine as follows: The proportionate special benefit derived by each parcel pro p o s e d t o b e assessed has been determined in relationship to the entire t y o f t h e c o s t s of the improvements to be funded from the proceeds of t h e b o n d s i s s u e d for the Assessment District and the cash collections. No assessment is proposed to be imposed on any parcel, w h i c h e x c e e d s the reasonable cost of the proportional special benefit conferr e d o n t h a t parcel. I I I I 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 25 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 whi c h r e c e i v e a special benefit from the improvements have been assessed a c c o r d i n g l y . In conclusion, it is my opinion that the assessments for the r e f e r e n c e d Assessment District have been spread in direct accordanc e w i t h t h e e s t i m a t e d special benefits that each parcel receives from the improveme n t s . Dated: 1?# day of _ 2004- I4NN. PETERSON, P.E R.C.E. No. 18,364 (Expires 06/2005) ASSESSMENT ENGINEER I CITY OF CARLSBAD SAN DIEGO COUNTY I u STATE OF CALIFORNIA I 0 I ~1, I I I 1 . 1 000 0 . Prepared by Galen N. Peterson March .29, 2004 I. City of Carlsbad - Assessment District No. 200201 (Poinsettia Lane East) Page 26 I,LORRAINE M. WOOD, CITY CLERK of the CITY OF CARLSBAD, C A L I F O R N I A do hereby certify that the foregoing Assessment, together with the D i a g r a m 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 C A R L S B A D , CALIFORNIA do hereby certify that the foregoing Assessmen t , t o g e t h e r w i t h the Diagram attached thereto, was preliminarily approved by the C i t y C o u n c i l o f the CITY OF CARLSBAD, CALIFORNIA, on the I 7day of/ied14 AY 200k 4LYig~c CITY OF CARLSBAD STATE OF CALIFORNIA I, LORRAINE M. WOOD, CITY CLERK of the CITY OF C A R L S B A D , CALIFORNIA do hereby certify that the foregoing Assessment, to g e t h e r w i t h the Diagram attached thereto, was approved and confirme d b y t h e C i t y Council of said City on the day of 200 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 Assessme n t , together with the Diagram attached thereto, was filed in my o f f i c e o n t h e day of 200. SUPERINTENDENT OF STREETS /CITY ENGINEER CITY OF CARLSBAD STATE OF CALIFORNIA I Prepared by Galen N. Peterson March 29, 2004