HomeMy WebLinkAboutCT 90-03-1; Bressi Gardenlane LLC; 2005-0216790; Annexation - Street Lighting and Landscape DistrictDOC # 2005-021 6790 I 111111ll Ill 11111 IIIII 11111 111ll Ill11 Ill11 11111 Ill11 11111 11111 1111 Ill1 RECORDING REQUESTED BY
City Clerk
City of Carlsbad
WHEN RECORDED MAIL TO:
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, CA 92008
Attention: City Clerk
MAR 16,2005 4:04 PM
OFFICIAL RECDRDS 5AN DIEGO COUNTY RECORDER'S OFFICE hREGORY'J SMITH, COUNTY RECORDER
FEES 58 00 18 PAGES
AGREEMENT
REGARDING ANNEXATION
OF CERTAIN REAL PROPERTY TO
STREET LIGHTING AND LANDSCAPE DISTRICT NO. 2
OF THE CITY OF CARLSBAD
AND APPROVAL OF THE LEVY OF ASSESSMENTS
ON SUCH REAL PROPERTY
REGARDING ANNEXATION (the "Agreement"), dated as of
and the owner or owners listed in Exhibit A hereto and incorporated
, 20Lcis entered into by and between the City of Carlsbad (the "City"), a
herein by this reference of certain real property (the "Property") located within the City and
described in Exhibir a regarding the annexation of the Property to Street Lighting and Landscape
District No. 2 ("SLLD No. 2") of the City and approval of the levy of assessments on the
Property.
SECTION 1. Declaration and Certification of Owner.
The undersigned hereby declares and certifies that:
A. The undersigned is the Owner, or the representative of the Owner(s) who is legally
authorized to make the representations and grant the consents, waivers and approvals contained
herein and to execute this Agreement for and on behalf of the Owner, of the Property.
B. The Owner is aware of and understands that:
1. The City Council of the City of Carlsbad (the "City Council") has previously
formed SLLD No. 2 pursuant to the terms of the "Landscaping and Lighting Act of 1972"
(the "Act"), which is Division 15, Part 2 of the Streets and Highways Code of the State of
California. The purpose of SLLD No. 2 is to finance the costs and expenses of the
ongoing maintenance of street lights, street trees and/or medians (the "SLLD No. 2
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I Improvements") that specially benefit properties within SLLD No. 2 and the costs and
expenses of administering SLLD No. 2. These costs and expenses are financed through
the levy of assessments on properties within SLLD No. 2 which specially benefit from the
SLLD No. 2 Improvements.
2. The provisions of the Act authorize the City Council to undertake proceedings to
order the annexation of territory to SLLD No. 2. The proceedings to annex territory to
SLLD No. 2 generally include the adoption by the City Council of resolutions initiating
the annexation proceedings, ordering the preparation of a report described below and
declaring the intention of the City Council to annex the territory to SLLD No. 2 and
setting of a public hearing on the proposed annexation, the provision of notice of the time
and place of such public hearing, the opportunity for any interested person to be heard at
such public hearing and the right of majority protest to such annexation.
The report (the "Report") referred to above would contain (i) a description of the
general nature, location and extent of the SLLD No. 2 Improvements that specially
benefit the territory to be annexed, (ii) an estimate of the costs of the maintenance of the
SLLD No. 2 Improvements that specially benefit the territory to be annexed, including all
incidental expenses, (iii) a diagram showing the territory proposed to be annexed to
SLLD No. 2 and (iv) the net amount to be assessed upon the territory proposed to be
annexed to SLLD No. 2 in proportion to the estimated special benefits to be received
from the SLLD No. 2 Improvements by each lot or parcel within the territory proposed to
be annexed to SLLD No. 2.
The Act does, however, authorize the annexation of territory to SLLD No. 2
without preparation of a Report, the opportunity for notice and hearing and the right of
majority protest as would otherwise be required by the provisions of the Act if all of the
owners of property within the territory proposed to be annexed to SLLD No. 2 have given
written consent to the proposed annexation.
3. In addition to the provisions of the Act which apply to the annexation of territory
to SLLD No. 2, Section 4 of Article XIIID of the Constitution of the State of California
("Section 4") establishes certain procedural rights for the owners of property which may
be subject to the levy of assessments. Section 4 requires that:
(a) all assessments be supported by a detailed engineer's report prepared by a
registered professional engineer certified by the State of California;
(b) the record owner of each parcel proposed to be assessed shall be given
written notice by mail (the "Notice of Public Hearing") of the total amount
of the assessment chargeable within SLLD No. 2 including the territory to
be annexed, the amount chargeable to the ownerk particular parcel, the
duration of the payments, the reason for the proposed assessment and the
basis upon which the amount of the proposed assessment was calculated,
together with the date, time and location of a public hearing on the
proposed assessment;
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(c) the Notice of Public Hearing must also contain an assessment ballot
whereby the record owner of each parcel proposed to be assessed may
indicate his or her support for or opposition to the proposed assessment;
(d) the City Council is required to conduct a public hearing upon the proposed
assessment not less than 45 days after the mailing of the Notice of Public
Hearing at which public hearing the City Council is required to consider
all protests against the proposed assessment; and
(e) the City is prohibited from imposing a proposed assessment if there is a
majority protest which would exist if, upon the conclusion of the public
hearing, the assessment ballots submitted in opposition to the proposed
assessment exceed the ballots submitted in favor of the proposed
assessment with each assessment ballot weighted according to the
proportional financial obligation of the affected property.
4. The City has conditioned the approval of certain land use entitlements for the
Property with a requirement that the Property be annexed to SLLD No. 2 (the "Condition
of Approval re Annexation") in order that the Property may be annually assessed to
finance (a) that portion of the annual costs of the maintenance of the SLLD No. 2
Improvements which represents the special benefit received by the Property from the
SLLD No. 2 Improvements and (b) the costs and expenses of administering SLLD No. 2
which are allocable to the Property based upon the Property's proportionate share of the
costs of the maintenance of the SLLD No. 2 Improvements.
5. The total amount of the assessment chargeable within SLLD No. 2 including the
Property, the duration of the payments, the reason for the proposed assessment and the
basis upon which the amount of the proposed assessment was calculated is set forth in
Exhibit C attached hereto and incorporated herein by this reference.
6. The City has determined that the maximum annual assessment (the "Proposed
Maximum Annual Assessment") set forth in the assessment ballot contained in Exhibit D
hereto (the "Assessment Ballot") which is incorporated herein by this reference reflects
the amounts described in 4(a) and (b) above and that the annexation of the Property to
SLLD No. 2 together with the authorization to levy the Proposed Maximum Annual
Assessment against the Property will satisfy the Condition of Approval re Annexation
described in Section 1 .B.4. above.
SECTION 2. Representations of the Owner.
The Owner represents that:
A. Owner desires that the Property be annexed to SLLD No. 2 and that the Proposed
Maximum Annual Assessment be authorized to be levied against the Property as expeditiously as
possible in order to satisfy the Condition of Approval re Annexation.
B. In order to expeditiously satisfy the Condition of Approval re Annexation, Owner is
willing to and desires to waive certain statutory and constitutional rights which the Owner has or
may have under the Act and/or Section 4.
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.~ C. Owner has had a reasonable opportunity to review this consent and waiver to annexation
and to consult with Owner's attorney and any other advisors as Owner desires regarding the
matters contained in this consent and waiver.
D.
waiver have been given by Owner knowingly, intelligently and voluntarily.
Any and all consents, waivers and agreements by Owner contained in this consent and
SECTION 3. Acknowledgment of Owner.
The Owner acknowledges that:
A. Pursuant to the provisions of the Act, unless waived by the Owner, the annexation of the
Property to SLLD No. 2 would require the preparation of a Report as described in Section 1 .B.2.
above and would also require that the City undertake the proceedings described in Section 1 .B.2.
above.
B. Pursuant to the provisions of Section 4, unless waived by the Owner, the levy of the
Proposed Annual Assessment against the Property would require that the City comply with the
procedural requirements set forth in Section 1 .B.3. above.
SECTION 4. Waiver and Agreement of Owner.
The Owner, for the Owner and the heirs, successors and assigns of the Owner, hereby
knowingly, intelligently, voluntarily and irrevocably waives:
A. Any and all of the procedural requirements as prescribed in the Act to the annexation of
the Property to SLLD No. 2 and hereby expressly consents to the annexation of the Property to
SLLD No. 2.
B. Any and all of the procedural requirements as prescribed in the Act and/or Section 1 .B.3.
applicable to the authorization to levy the Proposed Maximum Annual Assessment against the
Property and, by the execution of this consent and waiver and the completion of the assessment
ballot contained in Exhibit C hereto, hereby declares the Owner's support for, consent to and
approval of the authorization to levy the Proposed Maximum Annual Assessment against the
Property. Owner also declares the Owner's support for, consent to and approval of the adjustment
in the Proposed Annual Assessment for inflation pursuant to the formula set forth in Exhibit C
hereto.
C. Any protest, complaint or legal action of any nature whatsoever pertaining to the
annexation of the Property to SLLD No. 2 andor to the levy of the Proposed Annual Assessment
against the Property.
SECTION 5. Acknowledgment of City.
City acknowledges that by execution of this Agreement, Owner shall have satisfied the
Condition of Approval re Annexation and City agrees not to prevent, delay or withhold any
approval necessary for the development of the Property by reason of the Condition of Approval
re Annexation.
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SECTION 6. Conflict with Other Agreements.
Except as specifically provided herein, nothing contained herein shall be construed as
releasing Owner from any condition of development or requirement imposed by any other
agreement with City.
SECTION 7. General Standard of Reasonableness.
Any provision of this Agreement which requires the consent, approval, discretion or
acceptance of any party hereto or any of their respective employees, officers or agents shall be
deemed to require that such consent, approval or acceptance not be unreasonably withheld or
delayed, unless such provision expressly incorporates a different standard.
SECTION 8. Entire Agreement; Amendment.
This Agreement and the agreements expressly referred to herein contains all of the
agreements of the parties hereto with respect to the matters contained herein and no prior or
contemporaneous agreement or understandings, oral or written, pertaining to any such matters
shall be effective for any purpose. No provision of this Agreement may be modified, waiver,
amended or added to except by a writing signed by the party against which the enforcement of
such modification, waiver, amendment or addition is or may be sought.
SECTION 9. Notices.
Any notice, payment or instrument required or permitted by this Agreement to be given or
delivered to either party shall be deemed to have been received when personally delivered or
seventy-two (72) hours following deposit of the same in any United States Post Office in
California, registered or certified, postage prepaid, addressed as follows:
Owner: Bressi Gardenlane, LLC
1525 Faraday Avenue, Suite 300
Carlsbad, CA 92008
Attn: Sean Scholey
City:
With a copy to:
City of Carlsbad
163 5 Faraday Avenue
Carlsbad, CA 92008
Attn: Finance Director
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, CA 92009
Attn: City Attorney
Each party may change its address for delivery of notice by delivering written notice of such
change of address to the other party.
5
.-
' ' SECTION 10. Severability.
If any provision of this Agreement is held to b f
competent jurisdiction, the remainder of this Agreement shall be given effect to the fullest extent
reasonably possible.
illegal or unenforceable by a court
SECTION 11. Successors and Assigns.
This Agreement shall be binding upon and inure to the benefit of the successors and
assigns of the parties hereto. Owner may not assign its rights or obligations hereunder except by
written assignment thereof and upon written notice to City within ten (10) days of the date of
such assignment indicating the name and address of the assignee. Upon such notice and the
assumption by the assignee of the rights, duties and obligations of the Owner arising under or
from this Agreement, Owner shall be released by City from all future duties or obligations rising
under or from this Agreement.
SECTION 12. Governing Law.
This Agreement and any dispute arising hereunder shall be governed by and interpreted in
accordance with the laws of the State of California.
SECTION 13. Construction of Agreement.
This Agreement has been reviewed by legal counsel for both the City and the Owner and
shall be deemed for all purposes to have been jointly drafted by the City and the Owner. No
presumption or rule that ambiguities shall be construed against the drafting party shall apply to
the interpretation or enforcement of this Agreement. The language in all parts of this Agreement,
in all cases, shall be construed as a whole and in accordance with its fair meaning and not strictly
for or against any party and consistent with the provisions hereof, in order to achieve the
objectives of the parties hereunder. The captions of the sections and subsections of this
Agreement are for convenience only and shall not be considered or referred to in resolving
questions of construction.
SECTION 14. Recitals: Exhibits.
Any recitals set forth above and any attached exhibits are incorporated by reference into
this Agreement.
SECTION 15. Authority of Signatories.
Each signatory and party hereto hereby represents and warrants to the other party that it
has legal authority and capacity and direction from its principal to enter into this Agreement, and
that all resolutions and/or other actions have been taken so as to enable such party to enter into
this Agreement.
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’ SECTION 16. Recordation.
This Agreement or a notice describing the existence of this Agreement may be recorded
by the City. The parties hereto agree to execute such documents as may be needed to give such
notice.
If this agreement is to be recorded, it must be notarized.
[Remainder of this page intentionally left blank.]
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IN WITNESS WHEREOF, the parties hereto have executed t&?
Signature of Owner or representative
%res,; Pu\b-bQ' LCC bLMJ(L€J46Js
Type or print name of Owner or
representative
Add notary
8
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT M ~- ~
Wpersonally known to me
0 proved to me on the basis of satisfactory
evidence
to be the person@) whose name(+) is/-
subscribed to the within instrument and
acknowledged to me that he/sbdWy executed
the same in his/- ' authorized
capacity(+@, and that by his/-
signature@ on the instrument the person@), or
the entity upon behalf of which the person(+
acted, executed the instrument.
Place Notary Seal Above
WITNESS mv hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
0 Individual
0 Corporate Officer - Title(s):
O Partner - 0 Limited 0 General
Attorney in Fact
0 Trustee
0 Guardian or Conservator
0 Other:
Signer Is Representing:
0 1999 Nalional Notaw Association - 9350 De Soto Ave., P.O. Box 2402 - Chatsworth, CA 91 313-2402 * w.nationalnotary.orQ Prod. No. 5907 Reorder: CallToll-Free 1800-876-6827
Exhibit A
To
Agreement Regarding Annexation
Of Certain Real Property To
City of Carlsbad
Street Lighting and Landscape District No. 2
And Approval Of The Levy Of Assessments
On Such Real Property
Identification of the Owner and Description of the Property
The Owner of the Property is:
Bressi Gardenlane, LLC
The legal description of the Property is:
Assessor’s Parcel Numbers:
213-120-09 & -10
213-121-04, -05, & -06
21 3-1 22-03 (por.)
21 3-122-05 & -06
21 3-1 90-01, -02, & -03
213-191-01
A-1
Exhibit B
To
Agreement Regarding Annexation
Of Certain Real Property To
City of Carlsbad
Street Lighting and Landscape District No. 2
And Approval Of The Levy Of Assessments
On Such Real Property
Description of the SLLD No. 2 Improvements that Specially Benefit the Property
The improvements, which have been constructed or which may be subsequently constructed within
and adjacent to the Maintenance District and that will be serviced and maintained, and the proposed
maintenance and services are generally described as follows:
DESCRIPTION OF IMPROVEMENTS TO BE MAINTAINED AND SERVICED
The proposed improvements (collectively, the ttImprovemenfs't) proposed to be maintained and
serviced are generally described as follows:
Landscaping and Appurtenant Improvements
Landscaping improvements (collectively, the "Landscaping Improvements") include but are not
limited to: landscaping, planting, shrubbery, trees, irrigation systems, hardscapes and fixtures in
public street and sidewalk rights-of-way, including medians, parkways and other easements
dedicated to the City of Carlsbad within the boundaries of the Maintenance District.
Street Lighting and Appurtenant Improvements
Street lighting improvements (collectively, the "Street Lighting Improvements") include but are
not limited to: poles, fixtures, bulbs, conduits, conductors, equipment including guys, anchors,
posts and pedestals, metering devices and appurtenant facilities as required to provide lighting
and traffic signals in public street and sidewalk rights-of-way and other easements dedicated to
the City of Carlsbad within the boundaries of the Maintenance District.
The public lighting system shall be maintained to provide adequate illumination. Electricity for
streetlights shall be furnished by San Diego Gas & Electric (SDG&E), and it shall be adequate
for the intended purpose. Rates for power shall be those authorized by the California Public
Utilities Commission.
DESCRIPTION OF MAINTENANCE AND SERVICES
Maintenance means the furnishing of services and materials for the ordinary and usual maintenance,
operation and servicing of the Landscaping Improvements and the Street Lighting Improvements
facilities and appurtenant facilities, including repair, removal or replacement of all or part of any of
the Landscaping Improvements and the Street Lighting Improvements or appurtenant facilities;
providing for the life, growth, health and beauty of the Landscaping Improvements, including
cultivation, irrigation, trimming, spraying, fertilizing and treating for disease or injury; the removal
of trimmings, rubbish, debris and other solid waste; and the cleaning, sandblasting, and painting of
walls and other improvements to remove or cover graffiti.
B- 1
Servicing means the firnishing of water for the irrigation of the Landscaping Improvements and the
maintenance of any Street Lighting Improvements or appurtenant facilities and the fimishing of
electric current or energy, gas or other illuminating agent for the Street Lighting Improvements, or
for the lighting or operation of the Landscaping Improvements or appurtenant facilities.
The Street Lighting Improvements shall be maintained to provide adequate illumination. Electricity
for streetlights shall be firnished by the SDG&E, and it shall be adequate for the intended purpose.
Rates for power shall be those authorized by the California Public Utilities Commission.
The following provides descriptions of the Zone of Benefit of the Maintenance District for the Bressi
Ranch Development:
Zone 6 - Encompasses the Bressi Ranch Development, a 585 acre development located on the
southeast comer of Palomar Airport Road and El Camino Real, and hnds the
operation and maintenance of street lighting, street trees, and medians.
The plans and specifications for the Improvements, showing the general nature, location and the
extent of the Improvements, are on file in the office of the City Engineer and are by reference herein
made a part of this report.
B-2
'. Exhibit C
To
Agreement Regarding Annexation
Of Certain Real Property To
City of Carlsbad
Street Lighting and Landscape District No. 2
And Approval Of The Levy Of Assessments
On Such Real Property
Assessment Calculation Information Sheet
1. Name of District: Street Lighting and Landscaping District No. 2.
2. The total maximum annual Assessment for the SLLD No. 2 for FY 2004-05: $161,538
3. Proposed Maximum Annual Assessment for the Property: The proposed maximum
Assessment on your properties for FY 2004-05 is shown on the assessment ballot contained
in Exhibit D.
4. Duration of the Proposed Assessment: The proposed assessment for the maintenance of the
street lighting and median improvements will be levied annually. The maximum annual
maintenance assessment will be increased for cost of living each year according to the change
in Consumer Price Index (CPI) for the San Diego County area. (Any other increases or
changes to the methodology of the Assessment must be submitted for property owner
approval.)
5. Reason for the Assessment: To pay for the costs of maintenance of the SLLD No. 2
Improvements described in Attachment B that specially benefit the Property.
6. Calculation of the Assessment: All parcels within SLLD No. 2 that receive special benefit
from the SLLD No. 2 Improvements will be assessed in proportion to the special benefit they
receive.
Existing law requires an assessment methodology be used for calculating the assessment to be
levied on each parcel, based on the special benefit each parcel receives from the improvements
being maintained. The following is a description of the methodology, which is summarized from
a detailed Engineer's Report, a copy of which is enclosed with this Notice.
Equivalent Dwelling Units
The single-family detached residential parcel has been selected as the basic unit for calculation of
assessments; therefore, the single-family residential parcel is defined as one Equivalent Dwelling
Unit (EDU). A methodology has been developed to relate all other land uses to the single-family
detached residential land use.
Table 1 shows the various land uses within this District and the associated EDU rates used in the
anal ysis .
c-1
Table 1 - EDU Rates bv Land Use
ILand Use EDU Rate I
(Single Family Detached Res (SFD) 1.OIDU I
ISingle Family Attached Res (SFA) 0.8 /DU I
IApartments (APT) 0.6 /DU I
IDeveloped Non-Residential (Non-Res) 6.0 / acre I
bacant / Park 1.5 /acre I
(Open Space 0.0 /acre I
I DU = Dwelling Unit
Benefit Zones
Benefit Zones are used to differentiate between the different type of Improvements to be
maintained and serviced.
Zone 6 - Bressi Ranch. The Bressi Ranch development is located on the southeast comer of
Palomar Airport Road and El Camino Real. It is comprised of varying types of land uses
that receive special benefit fkom the street trees, medians, street lighting within and
directly adjacent to the development.
There are 498 single-family detached (“SFD”) units and 8 parks that have trees and local
street lights in the public streets directly adjacent to them. There are 100 single family
attached units (“SFA”) that have local lights adjacent to them and 25 SFD estate units on
private streets, with no public local street lights or street trees. There are also 134.96 acres
of non-residential (“Non-Res”) development that has 200 watt local lighting adjacent to
them, and approx 193 acres of designated open space within the Bressi Ranch
development.
The entire development benefits from the street lighting within and directly adjacent to
the development, except the residential estate area that has private streets and so does not
have any local public street light benefits. It is anticipated that the HOA will maintain the
local streetlights and the street trees within the residential areas. The City and the owners
of the land within Bressi Ranch have an Agreement to provide for the maintenance of
such improvements by the HOA; therefore, annual assessments will be levied within
Zone 6 for the maintenance of the local street lights only if (a) the HOA fails to maintain
such any such street lights pursuant to the Agreement, (b) as a result of the failure of the
HOA to maintain any such Improvements, the City is required to undertake such
maintenance and (c) the HOA has failed to reimburse the City for the cost of such
maintenance as required pursuant to the Agreement.
The entire development benefits fi-om medians in Palomar Airport Road, El Camino Real,
and Poinsettia Lane. There will be approx. 5,860 linear feet of medians in Palomar
Airport Road along the northerly side of the development (which equals approx. 1 11,340
sf of medians based on a typical 19’ width), approx. 2,720 linear feet of medians in El
Camino Real along the westerly side of the development (which equals approx. 5 1,680 sf
of medians based on a typical 19’ width), and approx 2,700 linear fee of medians in
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. Poinsettia Lane along the southerly side of the development (which equals approx. 5 1,300
* sf of medians based on a typical 19’ width). The developments on the north side of
Palomar Airport Road, the west side of El Camino Real, and the south side of Poinsettia
Lane will benefit from the improved aesthetics of the medians directly adjacent to this
property; therefore, 50% of the benefit for the medians in each street is apportioned to the
Bressi Ranch development (55,670 sf of median in Palomar Airport, 25,840 sf of median
in El Camino Real, and 25,650 sf of median in Poinsettia Lane).
O&M Repl. Total Annex- Other Maximum
Unit Unit O&MIRepl. ation Admin. Annual
The estimated maximum annual maintenance costs for Zone 6 for FY 2004-05 are calculated as
follows:
Maximum
Annual
. .--- - L** 200W Light 36 each $232.59 $129.63 $13[040 $289.00 $279.00 $13,608.00 Trees 743 each $48.25 $0.00 $30,938 $687.00 $766.00 $32,391 .OO
Medians 107,160 sf $0.25 $0.39 $68,047 $1,510.00 $1,454.00 $71.01 1 .OO
$1 65,468.00
I Quantitv cost cost Cash costs Costs costs
Eone 6 IBressi Ranch) - - . . - - , -. - __ . . . -. . 1 1 OOW Light 1 i3 each $178.66 $129.63 $41,003 $910.00 $876.00 $42,789.00 * 200W Liaht 15 each $232.59 $129.63 $4.689 $104.00 $876.00 $5.669.00
Cost I EDU
I I 1 * These lights are on arterial roadways, therefore the Total O&M/Repl. costs have been multiplied
by 89.5% (This is to account for the 10.5% General Benefit for Arterial Roadways)
** These lights are local to the Non-Res properties and costs are spread to those parcels only
The table below provides the EDU’s for the various types of special benefits associated with
Zone 6, as well as the maximum assessment rate and the total estimated revenue generated by it.
Maximum Assessment Allocation and Rate
Maximum
Asmt Rate 1 (SIEDU)
$60.96
$181.77
$181.77
$1 19.06
$47.33
Total
Max Asmt
$60,873.44
$3,375.47
$90,521.46
$9,524.80
$1,183.25
$165,478.42
The maximum annual maintenance assessment will be increased for cost of living each year
according to the change in Consumer Price Index (CPI) for the San Diego County area. (Any
other increases or changes to the methodology of the Assessment must be submitted for property
owner approval.)
c-3
Exhibit D
To
Agreement Regarding Annexation
Of Certain Real Property To
A Landscape Maintenance District
And Approval Of The Levy Of Assessments
On Such Real Property
Assessment Ballot
D-1
c
City Clerk
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, CA 92008
PROPERTY OWNER ASSESSMENT BALLOT
ONPROPOSEDASSESSMENTS
CITY OF CARLSBAD
STREET LIGHTING AND LANDSCAPING DISTRICT NO. 2
Bressi Gardenlane, LLC
c/o Sean Scholey
1525 Faraday Avenue, Suite 300
Carlsbad, CA 92008
Parcel information: Please see attached for a full listing of parcel information
Total Parcels: 13
Total Proposed Maximum Assessment* = $18,122.29
The maximum annual maintenance assessment will be increased for cost of living each year according to the change in the San
The person completing and submitting this assessment ballot must be the record owner of the property identified above or the
representative of the record owner of such property who is legally authorized to complete and submit this assessment ballot for and
on behalf of the record owner.
If there are two or more property owners, only one needs to sign and return the assessment ballot.
Diego Consumer Price Index - Urban (SDCPI-U) for the San Diego County area.
Please mark your assessment ballot in ink. Do not use pencil.
PROPERTY OWNER ASSESSMENT BALLOT
Owner Name: Bressi Gardenlane, Inc
Total Maximum Assessment Amount*: $18,122.29 * to be adjusted annually by the change in San Diego Consumer Price Index - Urban (SDCPI-U)
Yes, I am IN FAVOR of the levy of the assessment described in this assessment ballot on the properties described in this
assessment ballot
No, I am OPPOSED to the levy of the assessment described in this assessment ballot on the properties described in this
assessment ballot
I hereby declare under penalty of petjury that I am the record owner, or
Printed Name Signature
D-2
PROPERTY OWNER ASSESSMENT BALLOT
ON PROPOSED ASSESSMENTS
CITY OF CARLSBAD
STREET LIGHTING AND LANDSCAPING DISTRICT NO. 2
Owner: Bressi Gardenlane, Inc
Assessor's Parcel Land Maximum
Parcel No. Zone Acres Use Asmt *
2 1 3- 120-09 6 16.89 Open Space $0.00
21 3-1 20-1 0
21 3-1 21 -02
21 3-1 21 -04
2 1 3-1 2 1-05
21 3-1 21-06
213-122-03 (por.)
21 3-122-05
2 1 3-1 22-06
213-190-01
21 3-1 90-02
2 1 3-1 90-03
2 1 3-1 91 -01
6
6
6
6
6
6
6
6
6
6
6
6
3.97
1.13
98.89
10.96
20.37
13.65
38.83
2.5
1.95
1.17
Park $1,057.13
Non-Res $402.05
Open Space $0.00
Open Space $0.00
Open Space $0.00
Open Space $0.00
15 SF Estates $689.40
Non-Res $4,856.67
I00 SFAs $9,292.00
Non-Res $889.50
Park $51 9.25
Non-Res $416.29
Total: $18,122.29
D-3